The Nation Newspaper

Tag: bail

  • N1.7b alleged fraud: Court grants First Nation Airline MD bail

    Managing Director of First Nation Airlines Kayode Odukoya has been granted bail by an Ikeja special offences court .

    Odukoya was arraigned on March 16, 2018 before Justice Dada for alleged theft and forgery by the Economic and Financial Crimes Commission (EFCC).

    His company, First Nation Airlines and Bellview Airlines, are joined in the suit as second and third defendants.

    He was arraigned on a four count charge of theft of N1.7 billion and forgery of Certificate of Occupancy issued by the Lagos State Government.

    Justice Mojisola Dada granted bail to the defendant after taking submissions of counsels to the parties in the matter.

    Justice Dada granted bail to Odukoya in the sum of N10 million and two sureties in like sum.

    The judge, however, ordered him to produce two sureties who are land owners in Lagos State and must deposit title documents with the court and tax clearance for three years.

    The court also granted Odukoya a temporary release provided  he is able to deposit his international passport immediately with the court.

    Odukoya has two weeks to perfect the bail condition, failure of which the defendant will be remanded in prison custody.

    Justice Dada based her decision to grant bail to the defendant on eight principles.

    The court considered the probability of the defendant jumping bail or not,  probability of committing the crime, character of the defendant, strength of evidence, seriousness of the prosecution among others.

    Defence counsels  Olawale Akoni (SAN) and John Odubela (SAN) applied for bail for the defendant, saying their application was already before the court.

    They urged the court to grant him bail in liberal terms.

    The prosecutor, Zainab Ettu, said she was  not opposed to bail for the defendant.

    The EFCC had alleged that the CEO of the airlines forged the Memorandum of Loss of Lagos State Certificate of Occupancy registered as No. 33 at page 33 volume 1011 at the Lagos State Land Registry, Alausa, Lagos, in order that the document be acted upon as genuine and that the forged document was in respect of a property located at No. 29, Oduduwa St., Ikeja GRA, Lagos.

    Odukoya is alleged by the EFCC to have used the false document and also gave false information on oath concerning the loss of the certificate of occupancy at the Lagos State Land Registry.

    The anti-graft commission also said that on October 7, 2016, Odukoya stole and dishonestly converted to his own use N1. 7 billion belonging to Skye Bank contrary to Sections 85, 86(1) 278(1)(b), 285, 361(1),(a) (b), 363 and 364(1) of the Criminal Law of Lagos State 2011.

    Further trial has been adjourned till May 7 and 10, 2018.

     

  • Brothers get N100,000 bail each

    A Kaduna Chief Magistrates’ Court at the weekend admitted two brothers – Usman Aminu and Usman Ibrahim – to a bail of N100,000 each for alleged house breaking and theft.

    Chief Magistrate Yusuf Emmanuel ordered the defendants to produce a surety each, who must be resident within the court’s jurisdiction.

    He adjourned the case till March 29 for hearing.

    Aminu, 18 and Ibrahim, 20, of Kawo Kaduna, are facing a three-count charge of criminal conspiracy, house breaking and theft.

    The defendants, however, pleaded not guilty.

    The prosecutor, Leo Joseph, had told the court that the accused committed the offences in the complainant’s home on February 16, about 12pm at Kawo Kaduna.

    He alleged that they conspired and broke into the home of Abdullahi Danhausawa and stole two plasma TV sets, valued at N130,000.

    Joseph alleged that the defendants stole three phones valued at N150,000 and N20,000 cash.

    He said the offences contravened sections 59, 117 and 178 of Kaduna State Penal Code.

  • Army officer arraigned with Evans loses bail application

    Army officer arraigned with Evans loses bail application

    An Ikeja high court  yesterday, refused bail to a suspected kidnapper, Victor Aduba, one of the henchmen of billionaire kidnapper, Chukwudimeme Onwuamadike a.k.a. Evans.

    Aduba, is the sixth defendant and the army officer who aided Evans activities, in the ongoing kidnap trial of Evans and five others before Justice Hakeem Oshodi.

    Justice Oshodi, in ruling declined Aduba’ s request for bail on the ground that the applicant doses not live in Lagos.

    He also noted that he does not have sufficient reasons to warrant bail.

    Justice Oshodi said the court considered the gravity of the offence allegedly committed, the offender’s possibility of interfering with course of trial and his antecedents before arriving at his decision.

    He held that the sixth defendant would constitute a high risk especially having admitted in his statement of being involved in illegal operations where he collects N20,000.

    The offence which the sixth defendant (Aduba ) is standing trial for is a very severe one. It would be wise to hold him in custody for his own safety and protection.

    The judge held that Aduba did not place sufficient material before the court to make the court exercise its discretion in his favour.

    “The bail application is hereby refused and is dismissed,” Justice Oshodi held.

    Aduba, Evans and four others were arraigned before the judge on August 30, 2017 on two charges bordering on conspiracy and kidnapping.

    The other defendants are Uche Amadi, Ogechi Uchechukwu, Okuchukwu Nwachukwu and Chilaka Ifeanyi.

    Proceedings in case was however could not proceed further yesterday as Evans’ lawyer, Mr. Olukoya Ogungbeje, was absent.

    While adjourning the matter till March 16, 2018, following prayer for same by the Lagos State Director of Public Prosecutions, Mrs. Titilayo Shita-Bey, the judge said he hoped that the letter written by Ogungbeje to seek an adjournment was not a ploy to frustrate the case.

    Earlier, the judge, in a short ruling, foreclosed the opportunity of the fourth defendant, Nwachukwu, to cross-examine the first prosecution witness, Mr. Anselem Dunu.

    The witness is the elder brother of the Chief Executive Officer of Maydon Pharmaceutical Limited, Donatus Dunu, who was allegedly kidnapped by the gang sometime in February this 2017.

    The judge’s decision to foreclose Nwachukwu’s chance of cross-examining Dunu was because he was not willing to cross-examine the witness by himself as he was not represented by any lawyer.

    Prosecuting lead counsel, Shitta-Bey, had urged the court not to allow Nwachukwu’s failure to get a lawyer to stop yesterday’s proceedings.

    She said, “The matter was adjourned for continuation of trial, particularly cross-examination of PW1 by the fourth defendant.

    “That the fourth defendant is not represented by counsel should not prevent the cross-examination of the witness from going on.

    “He has been given ample opportunity by this court to get counsel of his choice.

    “Under Section 36(6)(d) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), he’s entitled to examine the witness either by his counsel or himself.”

    She added that on account of the fourth defendant’s delay to get a lawyer, the case had already suffered many adjournments.

    Counsel for the third and fifth defendants, A.A. Uzochukwu and Joseph Otogbolu, respectively aligned themselves with Shitta-Bey.

    Counsel for the sixth defendant, Emmanuel Ochei, however urged the court to give Nwachukwu further grace to get a lawyer.

    The judge, accepted the submission of Shitta-Bey and others, and directed the court registrar to ask Nwachukwu if he was ready to cross-examine the witness or foreclose his opportunity.

    Responding, Nwachukwu said, “I’m not ready, My Lord.”

    He added that his family had arranged a lawyer for him but he was surprised that the lawyer was not in court.

    Responding, the judge held, “The court does not buy your excuse. It’s been the same excuse that you have been giving the court.”

    Justice Oshodi directed the registrar to ask Nwachukwu once again if he was ready to cross-examine the witness by himself, to which he again replied, “I cannot cross-examine the witness.”

    Consequently, the judge held, “Since the fourth defendant has refused to take up the opportunity to cross-examine the witness, he has forfeited the opportunity.”

    As Shitta-Bey said she had no need to re-examine the witness, Justice Oshodi, consequently, discharged the witness.?

  • Court denies alleged killer-wife bail again

    Court denies alleged killer-wife bail again

    Justice Yusuf Halilu of the High Court of the Federal Capital Territory (FCT), Abuja has for the second time denied Maryam Sanda, wife of ex-People’s Democratic Party (PDP) chairman’s son, bail despite claiming she is three months pregnant.

    In the last ruling delivered on December 14, last year, Justice Halilu granted Maryam’s three co-defendants bail, but declined her plea for bail and ordering the defendant to be remanded in Suleja prisons.

    She was accused of causing the death of her husband, Bilyamin Bello, who the son of a former PDP Chairman, Haliru Bello.

    Maryam was accused of “stabbing him on the chest and other parts of the body with a knife and other dangerous weapons, which eventually led to his death”.

    The offence was said to be punishable under Section 167 of the Penal Code Act.

    At resume of hearing yesterday, defence counsel Mr. Joseph Daudu (SAN) said since the application for appeal of the first verdict on bail has been abandoned at the Court of Appeal, it would not constitute an abuse of court process to hear the second application.

    Police prosecution counsel Mr. James Idachaba stood his ground that since there had not been any application filed before the Court of Appeal withdrawing the notice of appeal as at the time of filing the fresh application on January 24, the said application constituted an abuse of court process and deserved to be struck out.

    The trial judge, who ruled in the prosecutor’s favour, said the application was an abuse of court process because she failed to withdraw her notice of appeal challenging the ruling earlier delivered on December 14, last year.

    Justice Halilu added that it would amount to taking a path of destruction to rule on the merit of the fresh application for bail when the applicant’s notice of appeal challenging the earlier decision of the court on the same subject matter of bail was still pending before the higher court.

    “The application is liable to be struck out and it is accordingly struck out,” Justice Halilu ruled.

    After the ruling, Idachaba said: “My lord, we have brought five witnesses to court and we are ready for commencement of trial.”

    But Daudu notified the court that he had an application challenging the jurisdiction of the court to hear the case on the basis that the Office of the Attorney-General of the Federation is yet to give an opinion on the case before the charges were filed by the police.

    After listening to both parties, Justice Halilu adjourned till March 19 for continuation of hearing.

     

  • N5bn PINE contracts: Ex-SGF Lawal faces more hurdles as EFCC grants him bail

    N5bn PINE contracts: Ex-SGF Lawal faces more hurdles as EFCC grants him bail

    Despite securing bail reprieve last night, a former Secretary to the Government of the Federation, Engr. Babachir Lawal is facing fresh hurdles over all contracts awarded by the Presidential Initiative for the North East (PINE).

    He is expected to account for contracts worth over N5billion which were awarded by PINE under his control as the final approving authority.

    It was also learnt that the EFCC has also quizzed the younger brother to the ex-SGF, Mr. Hamidu Lawal, who took over the running of Rholavision Engineering Limited after following the appointment of Babachir.

    More than 30 companies are also under probe in connection with alleged massive fraud in PINE including a N200million contract awarded to Rholavision for the clearing of ‘invasive plant species’ (weeds) in Yobe State

    A top source, who spoke in confidence with our correspondent, said: “In the last 48 hours, the ex-SGF has made many statements on some of the over N5billion contracts awarded by PINE. He was not detained because of the N200million ‘invasive plant species’ contract alone.

    “Preliminary investigation showed that the ex-SGF was the final approving authority for all the contracts awarded by PINE. He had say in virtually all the contracts and those given the jobs.

    “What happened was that initially PINE was placed under the Office of the National Security Adviser(ONSA) headed by the National Security Adviser, Gen. Babagana Monguno(rtd). But the NSA said such a responsibility has nothing to do with his office.

    “The government now moved PINE to the Office of the Secretary to the Government of the Federation (OSGF) because it has more than seven permanent secretaries that could make the coordination of the North-East Initiative smoother.

    “Findings however revealed that the ex-SGF assumed the role of the approving leading to some questionable contracts, diversion and under-delivery of services.

    “Since the former SGF was central to all the over N5billion contracts awarded, he has to account for how he came about his decisions. So, he was questioned about the N200m contract for the clearing of ‘invasive plant species’ (weeds) in Yobe State and others.”

    Responding to a question, the source added: “Some of the contracts being looked into had to do with rebuilding and renovation of schools in Adamawa, Yobe, Bauchi and Borno states. Others border on the supply of food and relief materials to Internally Displaced Persons in Borno, Yobe, Gombe, Bauchi, Adamawa and Taraba sates.

    “We have interrogated Mr. Hamidu Lawal, who is  a younger brother to the ex-SGF, and we are probing more than 30 companies in respect of some of the contracts “purportedly executed” by PINE. There are more than 40 individuals implicated in the PINE scandal.

    “Most of the contracts that landed most of these people and companies in trouble were awarded in March 2016. But we started our investigation towards the end of 2016.

    “But the probe of the scandal by a Presidential Committee headed by Vice President Yemi Osinbajo made us to stay action for a while. And the report of the committee is useful to our investigation.”

    As at press time, the ex-SGF was perfecting his bail conditions at the EFCC headquarters.

    Another source added: “The former SGF has been granted bail, we have approved his release. He is expected to come intermittently for interrogation from next week. His movement is also restricted to the country pending the conclusion of investigation.”

  • ‘Husband-killer’ Maryam Sanda denied bail

    ‘Husband-killer’ Maryam Sanda denied bail

    •Returned to Suleja prison 

    Justice Yusuf Halilu of the Federal Capital Territory High Court in Jabi, Abuja, yesterday refused the oral application for bail made on behalf of Maryam Sanda, and ordered her returned to Suleja prison pending her re-arraignment next Thursday.

    “I will not grant her bail; all arguments about her bail shall be taken together at the next adjourned date when other co-defendants will be in court. Therefore, the defendant shall be taken back to prison, he said.

    At the last adjourned date, the FCT Police Command, in a two-count charge, accused Maryam, daughter of a former Executive Director of Aso Savings and Loans, Hajiya Maimuna Aliyu Sanda, of killing her husband, Bilyamin Bello, the son of Alhaji Bello Haliru Muhammad, a former chairman of the Peoples Democratic Party (PDP).

    The police said Maryam caused Bello’s death “by stabbing him on the chest with a broken bottle; this you did with the knowledge that your act is likely to cause his death.”

    Upon her arraignment on November 24, the court ordered that she be remanded in prison after she pleaded not guilty to the charges.

    But yesterday, Police Prosecutor James Idachaba told the court of an amended charge before the court, which added Maryam’s mother, Maimuna Aliyu, and two others,  as defendants.

    He, however, said efforts to serve Maimuna and others were unsuccessful, urging the court to adjourn till next Thursday to enable the police bring all defendants to court to take their pleas.

    Maryam’s new lawyer Chief Joseph Daudu (SAN) urged the court to listen to the bail application filed on her behalf.

    He also made an oral bail application, pleaded with Justice Halilu to release Maryam on temporary bail, saying the prison condition was unwholesome for Maryam’s six-month-old baby.

    “It is unfortunate that a life has been lost already, but we should not take more lives,” he pleaded.

    But with another objection by the police prosecutor, Justice Halilu held that he is not disposed to grant the oral application since issues have been joined on the formal application for bail.

    But Justice Halilu ruled in favour of the prosecutor, saying the bail would be taken after the re-arraignment.

    “The defendant, in the mean time, shall be returned to the prison pending Thursday, December 14,” the judge said.

    He earlier ordered Maryam’s daughter, who is in the custody of a relative, taken out of court for crying.

  • Pastor gets N.2m bail for alleged N1.5m fraud

    A 30-year-old pastor of a Pentecostal church in Port Harcourt, Rivers State, M.I. Akpan, was yesterday arraigned before Chief Magistrate Isokari Andrew-Jaja of a magistrates’ court in Port Harcourt for allegedly defrauding his victim, Mrs. Oluchi David, of N1.5 million.

    The incident reportedly occurred on December 8, 2016 at Area Command, Port Harcourt.

    He allegedly gave false information to a police inspector on October 6, 2017 that Mrs. David had summoned him before a shrine over undisclosed reason.

    The cleric pleaded not guilty to the charge and was admitted to bail at N200,000. He was asked to produce one surety who must be a manager with a reputable company and resident in Port Harcourt.

    Police prosecutor Wilson Isaiah told the court that the suspect committed the offences between December 2016 and October 2017 and that they contravened Section 125(A) (1) (a) and Section 419 of the Criminal Code Cap 37 Volume II Laws of Rivers State Nigeria 1999.

    Andrew-Jaja adjourned the case till October 31 for hearing.

  • Man gets N5m bail for forex ‘fraud’

    An Igbosere Magistrate’s Court, Lagos, has granted a 45-year-old man, Ighomrore Raymond, N5million bail following his arraignment for an alleged $388,372,29,000 (about N139,814,204) foreign exchange scam.

    Raymond, of Enodobi Street Ipaja, Ayobo, Lagos, was accused of absconding after obtaining $388,372,29,000 from a bureau de change operator under pretence that he was going to give him the naira equivalent.

    He is standing trial before Mrs A. A. Adetunji on a three-count charge of conspiracy, obtaining, and stealing preferred against him by the police.

    Prosecuting Inspector Francis Igbinosa said Raymond committed the alleged offence at about 2:30pm, last September 4, at Airport Road Ikeja Lagos.

    He alleged that the defendant and his accomplice at large conspired to obtain the said money.

    Raymond was accused of “fraudulently and dishonestly obtaining the sum from the complainant, Alhaji Nurudeen Abdulahi, but never paid the naira equivalent.

    Raymond pleaded not guilty.

    Magistrate Adetunji admitted him to N5million bail, with two sureties in the like sum.

    She adjourned till November 2.

  • Court rejects bail variation for deposed Shangisha Baale

    Court rejects bail variation for deposed Shangisha Baale

    Justice Hakeem Oshodi of an Ikeja High Court yesterday struck out an application by the deposed Baale of Shangisha, Chief Mutiu Michael Ogundare, seeking to review his bail conditions.

    Ogundare, who is on trial for allegedly faking his own kidnap, is in Kirikiri Prisons custody with his wife, Abolanle and brother, Mohammed Opeyemi Babatunde, pending the perfection of their bail conditions.

    They were arraigned before an Ogba Magistrates’ Court on July 20 on a three-count charge of breach of the public peace and fake kidnapping contrary to Sections 5 and 7(1) and (2) of the Kidnapping Prohibition 2017, No. C17, Law of Lagos State.

    They pleaded not guilty following which Magistrate T. Akanni granted them N2 million bail with two sureties each in the like sum.

    The sureties, the court said, must include a traditional ruler, a person with registered property in Lagos, a tax payer and a grade level 17 officer in the Lagos State public service.

    During proceedings yesterday, Chief Ogundare’s counsel, Chief H. N. Ogirien prayed the court to reduce the bail conditions, especially the part where the deposed traditional ruler was asked to provide a level 17 officer in the state civil service.

    He said it was difficult for the defendants to get a level 17 public servant and traditional ruler to stand as surety.

    “My Lord we are unable to secure a level 17 officer of the Lagos State Civil Service. No one is willing to come forward and stand as surety.

    “We also have difficulty getting a traditional ruler to stand as surety. We are simply asking the court to review the bail conditions such that the defendant can easily perfect the bail conditions,” Ogirien said.

    Ogirien described the Baale’s situation as a peculiar one.

    He said: “A man and his wife are both incarcerated. They have young children who are dependent on them. Their children are of nursery, primary and secondary ages and are solely dependent on them. They have nobody taking care of them”.

    However, Ogirien could not tell the judge why the deposed Baale did not file his application at the lower court where the bail was granted him.

    Justice Oshodi said: “He is a traditional ruler, so, I am wondering why none of his fellow traditional rulers can stand for him. Are you saying that there is no traditional ruler within jurisdiction that can stand surety for him?”

    The judge then dismissed the application for lacking in merit.

    On July 16, Lagos State Governor Akinwunmi Ambode deposed Ogundare for allegedly faking his own kidnap in a bid to blackmail the government.

    Ogundare’s alleged abduction reportedly took place on July 5 along the Centre for Management Development (CMD) Road in Ikosi-Isheri Local Council Development Area (LCDA).

    His wife, Abolanle and Babatunde were alleged to be accomplices in the plot.

  • Teenagers get N150,000 bail

    A Lagos court has granted N150,000 bail to three teenagers, who allegedly brandished weapons, including cutlasses, in public and threatened violence.

    The accused, Joseph Michael, 19; Eniola Joseph, 15; and Wasiu Ojo, 15, whose addresses were not provided, are facing a three-count charge of conspiracy, unlawful assembly and unlawful possession of weapons at a Surulere Chief Magistrates’ Court.

    The Magistrate, Aro Lambo granted the accused N50,000 bail each with one surety each.

    He said the sureties must be employed, with evidence of tax payment.

    The prosecutor, Anthonia Osayande, told the court the accused, with others at large, committed the offences on or before August 22 at 9 a.m., Oshindero Street, Itire, Lagos.

    He said the accused and others at large held an unlawful assembly and displayed weapons, such as cutlasses in public, frightening people.

    The offences contravened sections 45, 51 and 409 of the Criminal Law of Lagos State, 2015.

    The case was adjourned till October 5 for mention.