The Nation Newspaper

Tag: Court orders

  • Court orders Melaye’s remand at Abuja hospital

    The Kogi State High Court sitting in Lokoja yesterday granted an interim order for Senator Dino Melaye representing Kogi West be moved to the National Hospital ,Abuja.

    That was 24 hours after a Senior Magistrate Court in Lokoja  denied him bail  and ruled that he be remanded  in police custody for 39 days.

    He had been stretchered before Senior Magistrate  Suleiman Abdulahi and charged with supplying illegal arms to two suspects with a view to  committing  various crimes in the state.

    In Abuja on Wednesday, the embattled senator was charged with causing damage to government property, attempted suicide and escape from lawful custody.

    The Chief Justice of Kogi State, Justice Nasir Ajanah, said the order on Melaye’s transfer to the National Hospital, Abuja, was on account of accused person’s  critical health conditions as espoused by his counsel, Mr. Mike Ozekhome (SAN).

    Ozekhome said Melaye is a chronic asthmatic patient who gasped for breath on Thursday while being arraigned and had to be given his inhaler in the courtroom and in the presence of Senior Magistrate Abdulahi.

    The high court adjourned till Monday for continuation of hearing in a written bail application filled by Ozekhome  in which he is  asking for variation of the remand order placed on Melaye.

    Soon after his arraignment in Lokoja on Thursday, Melaye was moved to the Police Clinic, New Layout, Lokoja.

    Ozekhome and other counsel for Melaye drove in a Mercedes Benz 500 on the trail of the ambulance that took the accused from the magistrate court to the clinic on Thursday.

    However,unlike last week when Melaye’s fellow Senators rushed to pay him a solidarity visit at the National Hospital,Abuja, none had showed up yesterday in Lokoja to see him.

    The Nation gathered that the senator was allowed to see his lawyer and relations in the five-room police clinic.

    Melaye had protested being arraigned anywhere in Kogi, saying his life would not be safe.

    He was charged along with two others, Kabiru Seidu (31) and Nuhu Salihu (25), before the Senior Magistrate Court 2, Lokoja.

    They were arraigned on a seven-count charge of criminal conspiracy and unlawful possession of firearms, contrary to Section 97 (1) of the Penal Code and Section 27 (1) (a) (1) of the Firearms Act CAP P28, Laws of the Federal Republic of Nigeria, 2004.

  • Court orders remand of 21-yr-old over murder charge

    Court orders remand of 21-yr-old over murder charge

    An Osun Magistrates’ Court sitting in Ile-Ife yesterday ordered a 21-year-old man Sodiq Adewale to be remanded in prison for alleged murder.

    Adewale is standing trial on a one-count charge of murder.

    Magistrate Risikat Olayemi held that her court lacked jurisdiction to entertain capital offence related case.

    Olayemi, however, directed the Prosecuting Inspector Emmanuel Abdullahi, to send a copy of the case file to the Office of the Director of Public Prosecution (DPP) for legal advice.

    She adjourned the case till January 23 for receipt of  legal  advice.

    Earlier, the Prosecutor had told the court that the accused committed the offence on November  30  at about 10:10 am at New Buka, Obafemi Awolowo University (OAU), Ile-Ife, Osun State.

    Abdullahi told the court that the accused unlawfully caused the death of one Omoboriowo Olufemi after hitting him with his fist.

    He said the offence contravened Sections 316 (1) and 319 (1) of the Criminal Code, Laws of Osun, 2002.

  • Court orders detention of 60 IPOB members

    Court orders detention of 60 IPOB members

    A Chief Magistrates’ Court sitting in Umuahia, the Abia State capital, has ordered the detention of 60 members of the Indigenous People of Biafra (IPOB) at the Afara Federal Prisons on Aba Road.

    The Nation gathered that the magistrate gave the order when their lawyer challenged the jurisdiction of the court to hear the matter, following the reading of the charges against them.

    The magistrate, who directed that the case file be transferred to the Department for Public Prosecution (DPP) for advice, adjourned the matter till October 25 for compliance and possible transfer to a High Court.

    By law, a high court has the jurisdiction to entertain the charges against the suspects.

    The IPOB members were among those arrested by security agents in Umuahia, Isiala Ngwa and other parts of the state capital during the clash between the Army and members of the separatist group.

    Police spokesman Geoffrey Ogbonna, a Deputy Superintendent of Police (DSP), said the IPOB members were arraigned on eight-count charges of conspiracy, terrorism, attempted murder, unlawful society and rioting.

    A chief magistrates’ court sitting in Aba North Local Government Area, presided over by Ogbonna Adiele, had ordered the remand of seven suspected IPOB members at the Aba Prison for a similar crime.

    The trial judge ordered that the case file be transferred to the DPP for advice.

    The matter will come up on September 27 for compliance to the court’s directives.

     

  • National Convention’ll hold, says PDP

    National Convention’ll hold, says PDP

    The People’s Democratic Party (PDP) has insisted on going ahead with its national convention scheduled to hold in Port Harcourt on Wednesday, despite court orders.

    A statement Monday by the spokesperson of the party’s caretaker committee, Prince Dayo Adeyeye said the PDP already had the nod of a Federal High Court in Port Harcourt for the convention.

    The statement said, “Our attention has been drawn once again to another act of judicial recklessness by the Honourable Judge of the Federal High Court, Justice Okon Abang of the purported suspension of the PDP National Convention holding in Port Harcourt, Rivers on Wednesday the 17 of August 2016.

    “We wish to however state that a Federal High Court in Port Harcourt Rivers State has earlier in the day given a comprehensive Order wherein the Honourable Judge specifically ordered the PDP to proceed with the convention as scheduled without hindrance.

    “Indeed his lordship while giving the Order mandated all relevant agencies including the Police, DSS and INEC to cooperate with the party in organizing a hitch free National Convention.

    “You may also wish to note that the Federal High Court in Port Harcourt, Rivers State gave an Interlocutory Order while Justice Okon Abang, Abuja, gave an Interim Order.

    “The Order of Port Harcourt is clearly superior and earlier in time to the Interim Order given by Justice Okon Abang. In the light of the above, the People’s Democratic Party (PDP) as a law abiding party is obeying the Order of the Port Harcourt, Federal High Court until set aside by any competent Court of jurisdiction.

    “In view of the above, the 2016 Repeat National Convention of the People’s Democratic Party (PDP) will continue as scheduled as we welcome all delegates, party leaders, other critical stakeholders, INEC monitoring team and other friends of PDP to Port Harcourt, Rivers State while wishing all our members and supporters a successful National Convention”

    No fewer than 90 aspirants will on Wednesday be jostling for the 19 vacant positions in the National Working Committee (NWC) of the People’s Democratic Party (PDP).

    Five aspirants are contesting for the chairmanship position. They are Chief Olabode George, Chief Raymond Dokpesi, Prof. Tunde Adeniran, Prof. Taoheed Adedoja and Mr. Jimi Agbaje.

  • Synagogue: Court orders substituted service on contractors

    Synagogue: Court orders substituted service on contractors

    Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, on Friday ordered that a substituted service be effected on the contractors that supervised the collapsed guest house belonging to the Synagogue Church of All Nations (SCOAN).

    The trial judge gave the order while giving a ruling in the suit filed by the Lagos State government against the trustees of the church.

    The judge directed that substituted service of the court process be effected on the contractors by pasting same on the front door of their addresses at 34, Akindele Street, off Collinton Bus-Stop, Alagbado, Lagos State, and 42, Toyin  Street, Ikeja, Lagos State.

    The court also ordered that a photographic evidence showing the Sheriff of the court pasting same should be tendered before the court.

    The contractors, Oladele Ogundeji and Akinbela Fatiregun are the fourth and fifth defendants in the criminal charge initiated by the Lagos State government against the defendants including the Registered Trustees of the Synagogue Church of All Nations (SCOAN), Hardrock Construction Company, and Jadny Trust Limited, who are first and third defendants in the suit respectively.

    Prior to the order of the court, counsel to the state government, Idowu Alakija had informed the judge of the existence of a “motion experte” dated December 11, 2015 and filed on the same date.

    In asking the court to allow the said application, Alakija had informed the court that, “We have been able to serve the first, second, and third defendants and there is proof of service to that effect.

    “But we have been unable to effect service of court processes on the fouth and fifth defendants. There is a motion exparte and we pray your lordship to allow us move same.

    “It is seeking an order to serve the information on the fourth and fifth defendants by substituted means by pasting on their addresses.

    “The affidavit evidence to show that it has been impossible to serve the fourth and fifth defendants are before this court.”

    The Lagos State government had sued the defendants before the court sequel to their indictment and subsequent recommendation for prosecution by the Coroner Inquest it set up to investigate the cause of the collapse leading to the death of 116 people mostly South Africans in September 12, 2014.

    The Lagos State Coroners Court sitting in Ikeja, presided over by Chief Magistrate Oyetade Komolafe had on August 7, 2015 ,ruled that the church and its contractors were essentially negligent in the fatal collapse of the six-storey building owned by the church.

    But the contractors rejected the verdict of the coroner describing it as “unreasonable, one-sided and biased”.

    They had subsequently initiated two separate suits before Justice Ibrahim Buba of the Federal High Court sitting in Ikoyi, Lagos.

    The contractors in their suit prayed Justice Buba for an order restraining the police from inviting, arresting or prosecuting them over the victims’ death.

    They had claimed that the Nigeria Police, Council of Registered Engineers of Nigeria (COREN) and the Lagos State Government (Respondents) will act upon the Coroner’s findings by proceeding to arrest, investigate and/or prosecute them for criminal negligence.

    They had also contended that if the respondents carry out these aforementioned acts, their actions would amount to a likely breach of their fundamental human rights to fair hearing, human dignity and personal liberty.

    But Justice Buba, in his ruling on the defendants’ preliminary objection held that the engineers “had not made a case for infringement on their fundamental human rights even on the merit of the application”, and dismissed their applications on November 11, 2015 paving the way for the trial to commence.

    Further hearing in the matter has been adjourned till January 19, 2016 for report of service and possible arraignment.

     

  • Court orders EFCC to produce petitions against Ohakim

    Court orders EFCC to produce petitions against Ohakim

    A Federal High Court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to produce copies of petitions allegedly written against former Imo State Governor Ikedi Ohakim.

    Justice Adeniyi Ademola gave the order yesterday following a request by Ohakim’s lawyer Awa Kalu (SAN) that the ex-governor’s legal team needed copies of the petitions to establish their authors.

    Ohakim, who was Imo State governor between 2007 and 2011, is being tried on a three-count charge of money laundering following his alleged purchase of a house in the Asokoro District of the Federal Capital Territory (FCT) for N270 million in November 2008.

    Kalu, while cross-examining EFCC’s witness, Dauda Ishaya (who claimed to be part of the investigation), established that the investigators did not ascertain the true identity of the petitioners.

    Ishaya told the court that the EFCC was in receipt of “five petitions or more” written by some groups against Ohakim. He identified those written by Alliance of Destiny Organisation, Aggrieved Imo State Citizens, Citizens for Imo Economic Security and one endorsed by 27 representatives from each of the 27 councils.

    When asked if the investigating team established whether or not the groups were incorporated, Ishaya said: “We did not find out if they were incorporated because there was no need.”

    Justice Ademola, after ordering the prosecution to provide the defence with copies of the petitions within 24 hours, adjourned proceedings till December 7.

  • Drama as court orders accused housewife to kneel down for unruly behaviour

    There was drama at an Ado Ekiti Customary Court a few days ago when a woman, Roseline Adebayo, was ordered to kneel down, raise up her hands and close her eyes for disrupting the proceedings of the court.

    Roseline was dragged to the court by her estranged husband, Francis Adebayo, who accused her of frequent fighting and threats to his life.

    The complainant, who is seeking divorce, pleaded with the court to dissolve the marriage and grant him custody of their two children, two-year-old Taiwo and 10-month-old Kehinde.

    Francis who lives in Irona area of Ado Ekiti claimed that the respondent was fond of coming home late from her beer joint and often resorted to fighting him whenever he challenged her for returning late.

    He said the crisis reached a head when the defendant came to pack her belongings from their matrimonial home, assisted by a policeman.

    Francis said: “She didn’t care for me and the children. I give her N10,000 every month to buy foodstuff but she won’t cook. She doesn’t take care of the children or even bathe them.

    “She has no respect for my family because for the five years we have lived together, she has never paid a visit to my parents and treats them like total strangers whenever they visit her shop.”

    The petitioner also told the court how on one occasion, one of his wife’s boyfriends beat him up with a shovel and threatened to chase him out of Ado Ekiti.

    But the the president of the court, Joseph Ogunsemi, was annoyed by the insolent behaviour of Roseline who interrupted her husband many times during the hearing.

    Apart from interrupting her husband, Roseline was also murmuring in protest against the testimony of the petitioner, which the court president could no longer stomach.

    Ogunsemi then ordered the respondent to kneel down, raise up her hands and close her eyes to allow for smooth running of court proceeding.

    Roseline obeyed the court president but she was later saved by the intervention of the police officer attached to the court, who pleaded on her behalf.

    In her defence, Roseline said she leaves the house early as 5.30 am and returns home at 10 pm. But she said she always cooked at the shop and brought food home for the family to eat.

    She said that her husband was fond of beating her and denied instigating any attack on her husband.

    While adjourning the matter to October 29, the president of the court warned the couple against any breach of peace and ordered them to produce witnesses at the next sitting.

  • Court orders service of petition on Fayose through newspapers

    Court orders service of petition on Fayose through newspapers

    An Ado-Ekiti High Court has ordered that the governorship candidate of the Peoples Democratic Party (PDP), Ayodele Fayose be served a petition through the newspapers.

    The petition, which compelled Fayose to offer explanations regarding his 2006 impeachment as governor, was brought by e-Eleven, an Ekiti-based socio-political group, which approached the court, seeking to stop Fayose from contesting the June 21 election.

    e-Eleven had contended in the petition that Fayose had failed to disclose to the Independent National Electoral Commission (INEC) through form CFO1, vital information regarding the grounds of his impeachment from office in 2006 as state governor.

    The group had noted that the substance of the impeachment had since not been overruled by any court of relevant jurisdiction and that same still subsists, adding that by the fact of his supplying false information to INEC,  the court was empowered to disqualify him.

    The claimants through their counsel, Rafiu Balogun, had brought three applications, praying the court to compel the first defendant, Fayose, to receive the petition through ‘substituted service’, specifically a newspaper publication, having been unable to deliver same to him physically at his known addresses.

    According to Balogun, efforts by the court to serve him the petition since May 23 had been fruitless, noting that both the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC), the second and third defendants in the case, had been served since that date.

    The lawyer equally prayed the court to grant the suit accelerated hearing as the first defendant in the case, Fayose, was a party candidate for the June 21 election, saying the essence of the matter would be defeated if same was heard after the election.

    Balogun had said: “PDP and INEC were served on 23 May, the 14 days which they have to respond to the petition had lapsed today (Friday).”

    The counsel maintained that although the law had granted allowance of either seven or 14 days for the respondents to cause a reply to the petition, the court should peg the response time of the first respondent (Fayose) to only seven, given the urgency demanded of the case.

    He noted that both the PDP and INEC had failed to offer any response as their own time lapsed on Friday, which was the last.

    Granting all the reliefs, Justice I.O. Ogunyemi noted that Fayose must file a written address within seven days and another three days for the claimants to reply to their written addresses if they so desired.

    Justice Ogunyemi consequently adjourned next hearing to June 16 to accommodate both the written response of the defendants and the possible reply by the claimants.

  • Court orders arrest of senator, son

    A Ringim Magistrate’s Court in Jigawa State yesterday ordered the arrest of Senator Danladi Sankara and his son, Auwalu, for alleged contempt.

    Sankara represents Jigawa North-West Senatorial District.

    A chieftain of the All Progressives Congress (APC), Farouq Aliyu, filed a suit against the senator and others for alleged destruction of his property during the September assembly by-election.

    Aliyu alleged that Sankara conspired, incited others to commit assault, mischief and cause grievous hurt and destruction of his property.

    At the resumed hearing yesterday, the three accused persons were absent.

    The counsel to the complainant, Aliyu Umar, urged the court to issue a bench warrant for the arrest of the accused.

    Aliyu said the accused were duly served with the court summon, but they failed to turn up in the court neither did they send representative.

    “Under the circumstances, I hereby urge the court to apply Section 70(1) CPC Laws of Jigawa State to order for their arrest,” Umar said.

    The Magistrate, Malam Nuhu Aminu, noted that the proof and affidavit of services were served on the accused by the court orderly, Surajo Muhammed.

    Aminu said the court, which commenced sitting at about 9am, was held up until 9.40 am due to the absence of the accused persons.

    He said the court was inclined to agree with the prayer of the counsel to the complainants and therefore, ordered the arrest of the three accused persons by the police.

    He said that they should be brought to court on December 4.

  • Court orders PDP to accept Uba as Anambra candidate

    Court orders PDP to accept Uba as Anambra candidate

    There was a twist yesterday to the candidacy of the Peoples Democratic Party (PDP) for the November 16 Anambra State governorship election.

    A Federal High Court sitting in Port Harcourt ordered the PDP and the Independent National Electoral Commission (INEC) to recognise the candidate elected by the Ejike Oguebego-led faction of Anambra State PDP.

    Senator Andy Uba won the primary.

    But Tony Nwoye won the primary conducted by the Ken Emekeyi-led faction of the party.

    Both congresses were held last Saturday in Awka.

    PDP Chairman Bamaga Tukur yesterday gave the certificate of return to Nwoye as the party’s flag bearer.

    Senator Andy Uba told the court presided over by Justice H.A. Nganjiwa that the primaries that produced him as the candidate followed the laid down procedures. Joined in the suit as defendants are the PDP national leadership and INEC.

    The suit was filed before last weekend’s primaries. Oguebego, the state secretary of the PDP, Chief Gilbergt Okoye, and the Legal Adviser, Chucks Okoye sued for themselves and on behalf of the State Executive Committee of the PDP.

    Justice Nganjiwa ordered that the result of the primaries conducted by the Ejike Oguebego-led executive, where Uba emerged as the candidate, should be upheld, pending the hearing and determination of the suit by the applicants.

    He said the PDP and INEC should accept the results that emerged from the wards and state congress, pending the hearing and determination of the motion on notice or hearing and determination of the motion to set aside the interim order.

    The judge said: “The first and second defendants are to forthwith comply with the order of this honourable court made on the 26th of August, 2013.”

    Prior to the ruling, the court gave an exparte order restraining both the INEC and PDP from dealing with the Ken Emeakayi faction, pending the hearing of the main application. The court adjourned the matter till tomorrow.

    However, at the meeting of the PDP National Working Committee (NWC) in Abuja, Tukur pronounced Nwoye the winner of the primaries and governorship candidate, following the report of Katsina State Governor Ibrahim Shema, his Gombe counterpart, Ibrahim Dankwambo, and Senate Leader Victor Ndoma-Egba, who monitored the primaries.

    Nwoye was yesterday presented with a certificate of return by the national chairman.

    The presentation came just as the Uba brothers, Andy and Chris, shunned the summon extended to them by the leadership of the PDP.

    Also summoned alongside the Uba brothers were Chief Benji Udeozor and Mrs. Tonia Nwankwo. They were ordered to appear before the party’s leadership at 10am yesterday. None of them honoured the invitation.

    They were summoned to explain their roles in the conduct of the August 24 parallel primary election through which Andy Uba emerged as PDP candidate.

    Shortly after collecting his certificate, Nwoye told reporters that he remained the authentic candidate of the party.

    The Southeast zone also insisted that Nwoye is the party’s candidate.

    The zone’s position was made known during its Zonal Executive Committee meeting in Enugu yesterday.

    Deputy Senate President Ike Ekweremadu, Governors of Ebonyi and Abia states Chief Martin Elechi and Theodore Orji, House of Representatives Deputy Speaker Emeka Ihedioha, Senator Hope Uzodinma and former PDP National Chairman Vincent Ogbulafor, among others, attended.

    The Southeast PDP Publicity Secretary, Ali Odefa, who read the communique at the end of the meeting, said the zoning arrangement for all PDP’s National Working Committee given to the Southeast Zone had been retained.

    He, however, stated that elections for the positions would take place, adding that people would be advised not to contest for positions that were not zoned to their states.

    According to Odefa, the leadership of the party passed a vote of commendation on people from the Southeast zone that held positions in the NWC of the party in the past.