The Nation Newspaper

Tag: Akure High Court

  • Ex-Ondo deputy governor to appeal suit over entitlements  

    The  immediate past Ondo State Deputy Governor, Alhaji Lasisi Oluboyo, on Thursday faulted the judgment of an Akure High Court that declared him not qualified to benefit from the pension and other entitlements for governors and deputy governors for life.

    Oluboyo took over from Alhaji Ali Olanusi as deputy governor following the latter’s impeachment by the State House of Assembly during the Olusegun Mimiko administration.

    Oluboyo had not been paid the statutory pension more than two years after he left the office with Mimiko.

    Consequently, Oluboyo through his counsel, Olumide Ogidan, sought legal intervention to compel the government to pay his gratuity and pension running into millions of Naira.

    Other defendants in the suit are Governor Oluwarotimi Akeredolu, the Attorney General and Commissioner for Justice and the State Pensions Board.

    In the suit file in the state high court, Oluboyo prayed for the payment of his rightful entitlements as former deputy governor.

    Oluboyo sought for “a declaration  that having assumed the office of the Deputy Governor of Ondo State and having served meritoriously in that capacity is entitled to the payment of arrears of his pension, allowances, benefits and all other entitlements due and payable to him as former Deputy Governor of Ondo State.”

    Read Also: Police arrest two bandits in Ondo

    Justice Bode Adegbehingbe said Oluboyo was not entitled to any pension since he was appointed contrary to the provision of the constitution.

    According to him, a deputy governor must be elected before he can benefit from the perquisite of office.

    Justice Adegbehingbe added that since the issue of pension is an issue between employee and employer, the best court to approach is the National Industrial Court(NIC)

    Oluboyo, however, said he would challenge the court’s decision at the appellate court.

    He maintained that his appointment followed due process, wondering the disparity between appointment and election of a deputy government, who had a joint ticket with the governor during election under a political platform.

     

  • Court settles century-old land dispute in Ondo community

    An Akure High Court has resolved the over 100-year-old land dispute in Igbokoda, headquarters of Ilaje Local Government Area of Ondo state.

    The court affirmed that the land belongs to Igbokoda community.

    Many lives and property had been lost on the fracas.

    Ilaje and Eseodo local government areas had been claiming the ownership of the land, the same way Amapetu of Mahin, the Olu of Igbokoda and other indigenes clashed over the authentic owners of the island community.

    But Justice Bode Adegbehingbe conferred the ownership of the land on Igbokoda as a communal land.

    The judge said the ownership of the land, situated between Rivers Oluwa and Ofara in Okitipupa Division of the old Ondo Province, had been in dispute between Ilaje and Ese Odo communities for over a century.

    According to him, the dispute was first brought before the Colonial Provincial Court in 1917 when Oba Jubo, the Kalasuwe and paramount ruler of Ijaw-Apoi, sued Oba Omowole, the Amapetu of Mahin.

    Oba Jubo, he said, sought the declaration of title of the piece of land, known as Igbokoda, being the land between the Rivers Oluwa and Ofara (Orere-Ara).

    The judge said the provincial court decided the case in favour of the Amapetu of Mahin.

    But the Apoi descendants of Oba Jubo, in 1974, sued the people of Igbokoda at the Ondo High Court, claiming ownership of part of the land.

    Besides, another dispute pitched the Lebile family of Igbokoda against the Registered Trustees of the Cherubim.

    In 2006, the Igbokoda community sued Setraco Construction Company, claiming compensation for some of the community’s property destroyed in the course of constructing the Igbokoda-Aiyetoro road.

    But the Agbeni and Temetan families, Justice Adegbehingbe held, filed counterclaims to the effect that the areas traversed by the road belonged to their families, which they insisted got it through the Amapetu of Mahin.

    After reviewing the case, the judge ruled that the judgment of the courts conferred ownership of all the land between Rivers Oluwa and Ofara on Igbokoda community.

    He said: “It is, therefore, apparent that the Supreme Court, a superior court of record, applied the customary rule that Igbokoda land is communally owned.

    “This court is, therefore, empowered to hold, and it hereby holds, that the land in Igbokoda is communally owned.

    “With the tendering of the judgment of the Supreme Court, the fact that the land in Igbokoda (as shown edged red in the Survey Plan exhibit D95) is communally owned has been proved by the first and second defendants to the counter-claim.

    “There is also nowhere in the judgments cited and tendered where the courts held that the Amapetu of Mahin personally owns any land in Igbokoda.”

    The court said the sole prayer brought by the counter-claimant (Agbeni family) for determination of title is “without merit”.

    It dismissed the counter-claims of the Temetan and Agbeni families.

    The Olu of Igbokoda, Oba Afolabi Odidiomo, expressed joy over the judgment.

    The monarch said peace would return to his domain.

  • Court seals off Ondo property over disobedience

    Court seals off Ondo property over disobedience

    An Akure High Court Tuesday ordered the sealing off of an automobile market in Akure, the Ondo state capital owned by the state government following its alleged to obey the vacation order of the court.

    The court’s officials had marked the fence of the property located at Akure-Ilesa Expressway, Akure in order that the automobile dealers occupying the premises would vacate the premises until further notice.

    The owners of the land, one Chief Taye James and one Idowu Onanuga sued the government for illegally acquiring the land.

    The court, in a judgment delivered by Justice A.O Adebusoye, in 2014 ruled that the government should vacate the land, adding that the first claimant is entitled to a statutory right of occupancy over the property.

    Counsel to the claimants, Barrister Kehinde Ojo, said the government had allegedly disobeyed the court order on the land which made his clients to approach the court again.

    He said, “We have made several moves to the government to honor the initial agreement but to no avail, hence the reason we went back to the court for enforcement of the judgment.”

    One of the owners of the land, Chief James said he would give the government options of giving him back the land as directed by the court or the defendant should give him N100 million as compensation.

    He noted that the immediate past government of Dr. Olusegun Mimiko had agreed to pay them N100 million as compensation but the money was not paid until the government left in February this year.

    He added that the government should pay the money or vacate the land.

    The Chief Press Secretary to Governor Rotimi Akeredolu, Segun Ajiboye said the government would study the court ruling and take further action on it.

     

     

  • Robber bags death sentence in Ondo

    An Akure High Court has sentenced a man Aturoti Adeleke to death by hanging for armed robbery and rape

    The prosecution led by Remi Olatubora,said the convict robbed his victims; all women of their monies and valuables around 27 and 29 May, 2016 at about 1 a.m. and 3 a.m. at Olorunsogo Street, Adesula and Ademulegun road, Ondo.

    He was said to have also raped some of his victims after robbing them of their monies and valuables such as jewelries and phones, the charges the convict pleaded not guilty to.

    While giving his testimony, the police witness said the case was first investigated by the Divisional Police Station at Funbi Fagun, Ondo before it was transferred to the State Criminal Investigation and later on to the Special Anti-Robbery Squad, Akure.

    One of the victims, Abebi Adegoroye while testifying before the court said the convict came into her room around 2 a.m. asking for money.

    According to her, he was not masked during the operation and that she saw his face clearly as there was electricity during the night.

    The victim said immediately she told him that she had no money, he tied her down and raped her and later searched her room and took away her N48,000.

    She further told the court that she could identify the defendant by the first finger on one of his hands which was stiffend .

    The third victim while testifying told the court that the defendant robbed her of N47,000 and also wanted to rape her despite the fact that she told him she was pregnant.

    She claimed that she had seen his face when he took out a gas lighter to light his cigarette.

    She claimed that when she was going to drop her children in school the following morning, she saw the convict behind a truck at tipper garage and alerted the police at Fagun police station who arrested him.

    The fourth victim said she knew the convict as he had lived in their house and that her mother, one Mrs Desola Oyeneyin had fed him on several occasions.

    Another victim, Bola Adedutire who was also robbed and raped by the convict said  he came into her room while she was sleeping and ordered her to remove her underwears and allow him to have sexual intercourse with her or else he would kill her with her four months old baby. She affirmed that she subsequently submitted to him.

    A witness, one Jegede Abayomi, a police officer from Funbi Fagun station said the convict also robbed one Toyin Ijitimehin, a manager at a petrol filling station of her valuables when he accosted her on a motorcycle and threatened her with a gun.

    Mrs Oyeneyin who was also a victim and a mother to the third victim said she was praying in her room around midnight when she heard someone knocked at her door telling her to open the door as thieves were outside.

    She explained that when she opened her door, she recognised him as the boy that she used to care for.

    The victim expressed shock when he pointed a gun at her demanding that she bring out all the money she had in the house and took away her jewelries and money.

    The convict denied ever been involved in any of the crimes he was alleged to have committed though he admitted to be familiar with the third and the sixth victims as they had took care of him when he was young.

    He claimed that he had a National Diploma in Marketing and lives at Yaba, Agbogbo Oke in Ondo.

    He described himself as an upcoming pop artiste,claiming to have been at a mini-mart having fun with his friends when he was arrested by the police.

     
    With these testimonies, the judge, Justice S.A Bola said there were three indisputable facts such as the defendant owns the boxer shots admitted as exhibit which the victims claimed he wore when he robbed and raped them, the third and the sixth victims were known to him prior to the commission of the offence and the stiff fingers which the victims testified about indeed was a permanent feature on the defendant as it was established by the court.

    He observed that with the identification parade, the testimonies of the complainants were consistent, the evidences constituted in the testimonies of the witnesses had been established in the case and further described the accused person as a threat to the society and a serial rapist.

    While holding that the prosecution had proved its case beyond reasonable doubt and declaring him guilty of all the charges, he said the law provides that rape attracts life imprisonment while armed robbery attracts a death sentence and thereafter sentenced the accused in the same manner.

     

  • Court dissolves Ondo local councils, sacks chairmen

    An Akure High Court sitting in Akure Friday ordered the immediate dissolution of all the 18 Local Government Areas in the state.

    The court presided over by Justice S A Sidiq also sacked the chairmen and councilors of all the Local Government Areas.

    Earlier,there was a shouting match in the court before the Judge eventually ruled as Mr Femi Aborisade who represented the People Redemption Party (PRP) in the suit filed by the party against the last year Local Government election in the state challenged the Judge’s actions on the
    matter.

    The National Chairman of the party and former Governor of old Kaduna State, Alhaji Balarabe Musa was also in the court on behalf of his party.

    Aborisade announced his appearance for the PRP, while Mr Akinladapo Ogunleye, the Solicitor General of the state announced his appearance for the state government.

    Also, Olusola Oke announced his appearance for the chairmen and councilors who were claimants in the suit.

    But Justice Sidiq in his brief ruling said he had earlier given a verdict that recognized one Mr Segun Ogodo as the counsel to the PRP.

    He said Aborisade should go to the Court of Appeal to upturn his earlier ruling on legal representation for the party.

    Aborisade stood up and said he was the one that filed the suit and has the right to continue or discontinue with the case.

    He argued that he was not served with any motion by the PRP to remove him as the counsel to the party.

    The counsel also argued that he has right to be heard as his client has not debriefed him.

    Also, amid other officials of the PRP said he did not recognize Ogodo as his lawyer and that he had right to a counsel of his choice.

    However, Justice Sidiq said since he had earlier ruled on legal representation, he would not go back to it, insisting that Ogodo who he had earlier recognized should be the one to stand in for PRP.

    But, Aborisade and Musa said they have an application to discontinue with the case, while the judge insisted that he would continue with the case irrespective of the application for the withdrawal.

    Speaking with reporters shortly after he moved out of the court, Aborisade said “the judge surprisingly deprived my client; the PRP led by the National Chairman, the former governor of Kaduna State, Alhaji Balarabe Musa, the most respected public officer in this country the
    constitutional right to be heard.”

    He said “My client filed the suit and the course of action has been removed with my client having being allowed to participate in the Local Government election, we have come to inform the court that we have withdrawn the matter. Unfortunately, the court is insisting that somebody else who was never briefed by my client is the counsel recognized by the court.

    “This is a violent violation of section 36(1) of the constitution. Every person is entitled to be heard at the court. I can only be heard by the court through the counsel chosen by the PRP. This is very strange, it is unconstitutional. But we have informed the court that what was done in this case is a nullity because we have filed notice of withdrawal. My client has filed an affidavit that he does not recognize Ogodo in the court. This is a new phase in our experience in our constitutional democracy.”

    Aborisade added that he has never witnessed a situation where a court would impose counsel on a litigant in a civil matter.

    Despite the withdrawal of the suit by the litigants, Justice Sidiq gave a judgment dissolving the 18 Local Governments in the state after he overruled all the applications filed by lawyer to the claimants.

    Akeredolu had filed an application before the Court to set aside the judgement delivered on January 18, by Justice Olasehinde Kumuyi (Rtd) barring the Governor and State Assembly from dissolving the councils.

  • Ondo: Court stops INEC from removing Jegede as PDP’s Candidate

    An Akure High Court Thursday restrained the Independent National Electoral Commission (INEC) from substituting or replacing the name of the People’s Democratic Party (PDP) candidate in the November 26 governorship election in the state, Mr Eyitayo Jegede (SAN) already included  on the its list of candidates for the election.

    The ruling followed a suit filed by the factional State Chairman of the PDP,Clement Faboyede.

    In his judgment, Justice W R Olamide of the Akure High Court said it would be out of order for INEC to replace or substitute Jegede’s name.

    This, according to the court will contravene the principles of equity, justice and fairness.

    He said: “It is hereby ordered as prayed. The defendant is hereby restrained either by itself, Chairman, Commissioners, agents and servants, officers or privies or through any person or persons, however from changing , replacing ,removing, substituting or in any manner tampering with the name of Eyitayo Jegede  (SAN) as the governorship candidate in the governorship election slated for November  26, 2016 pending the determination of motion on notice.

    In another development, the Akure High Court has granted Hon. Bamiduro Dada an order restraining INEC and its agents from recognising Jimoh Ibrahim as the PDP candidate  in the governorship election.

    The court also granted an injunction restraining Ibrahim from parading himself as the PDP gubernatorial candidate in the coming election.

    Dada who contested the primary election organised by the Senator Alli Modu Sherif faction of the PDP in Ibadan with Ibrahim based his prayer on the submission that the shadow election held in Ibadan was a fraud.

    In his ruling, Justice Olasehinde Kumuyi ruled that  Biyi Poroye and his cohorts cannot parade themselves  as state executives of the PDP and therefore cannot  take any action in respect of the party.

  • Court hears suspended lawmaker’s suit

    An Akure High Court yesterday began hearing in the suit filed by the lawmaker representing Ose Constituency in the Ondo State House of Assembly, Mrs. Fola Olasehinde.

    Mrs. Folasehinde is praying the court to declare her suspension unlawful, reinstate her and order that her outstanding salary and entitlements be paid.

    The Labour Party (LP) chieftain was suspended on June 19, through a letter signed by the Acting Clerk of the House, for allegedly keeping fetish objects in her former apartment.

    A committee, headed by Mr. Olotu Fatai, was constituted by the House to look into the allegation and submit its report within two weeks of the suspension, but nothing was heard on the issue since then.

    Mrs. Olasehinde wants the court to determine whether the Assembly was competent to investigate the allegation against her, considering Section 2 of the Code of Conduct for lawmakers.

    Youths from the her constituency stormed the court premises to protest her suspension.

    Speaking with reporters, Mrs. Olasehinde denied the allegation against her, saying suspension was politically-motivated.