The Nation Newspaper

Tag: Court strikes

  • Court strikes out assault charge against minor

    Court strikes out assault charge against minor

    By Esther Akapo

    A Badagry Chief Magistrates’ Court has struck out an assault charge brought against a minor.

    Chief Magistrate Patrick Adekunmagba struck out the charge following the complainant’s failure to show interest in the case.

    The court also declined to admit the purported statement of the complainant in the matter following submissions by the defence.

    The court held: “the complainant is no longer interested in this case. The case is hereby struck out of this court and the defendant  (names withheld, is hereby set free.,”

    The  minor, (names withheld) has been charged for assault for allegedly  stabbing a call girl on her face.

    Earlier during proceedings, the defence counsel, Ademola Adebayo,said the incident occurred in April, 2025 in the evening at Regional hotel, Iyanu-Isashi,Badagry.

    Adebayo told the court  the minor who works at an hotel,  was seduced by a prostitute in the hotel while he and his colleagues were celebrating the birthday of one of their colleagues sitted amongst them.

     He said the 28-year-old prostitute, (names withheld) who had a permanent room at the Regional Hotel, came out half naked, soliciting and searching for customers to lure into her room.

    He said she approached the table where the defendant and his friends were enjoying themselves.

     “She began to massage the defendant body.  This action got him sexually aroused and he could not resist himself. He got up and followed her to her room. They both got to the room and the complainant locked the door behind her.

    “She immediately undressed herself and said her fee was N10,000 but decided  to take N8,000 from him.

    “The defendant however stated clearly that he could only pay N5,000.

    Read Also: Niger tanker fire: Tinubu challenges FRSC on road safety measures as death toll rises to 59

    “My Lord, she immediately grabbed the money from him and told him her balance remained N3,000.But the defendant repeated that that was all he had and she said that meant there was nothing for him and that nothing would happen between them.

    “When the defendant asked her to refund his money, the complainant declined, saying he had seen her nakedness and that that was the value of his N5,000.”

    A  heated argument ensued  and when it became too tough for complainant, she went to her drawer to pick up a knife with the intention to stab the defendant.”

    The defence counsel further told the court that while they were both arguing, the complainant  scratched the defendant’s neck with the knife and dragged his manhood.

    He said when the defendant could not endure the pain anymore and he punched her face and she became very uncomfortable and immediately ran out for help.

    He said security guards of the hotel came to her rescue and saw the defendant as a threat to the lady because they assumed it was their duty to protect her.

    The securitymen handed the defendant to the police custody.

    Adebayo accused the police of changibg the story that was narrated to them and said that the defendant brought the knife to  stabbed the complainant face. “After they had undergone test, result came out stating that the only traces of knife was found on the defendant’s neck.

    Adebayo said that the police men thereafter decided that they settle each other after the defendant’s family treated queen’s face.

    Adebayo stated that the complainant said that the police officers  told her to request for N500,000 from the defendant’s family otherwise he would be charged to court.

    He said the defence family negotiated with the complainant and concluded on  N100,000, the money was given to her instantly. She went to give the police man feedback and that they angrily collected the money from her.

    He said months after, the police men never saw the complainant again and they decided to take the case to Badagry Magistrate court.

  • Tariff: Court strikes out suit against DSTV

    Tariff: Court strikes out suit against DSTV

    A Federal High Court in Lagos yesterday struck out a suit filed against Multi-Choice Nigeria Limited and the Nigerian Broadcasting Commission (NBC) over the 20 per cent increment in DSTV fees by aggrieved subscribers.

    Two lawyers, Osasuyi Adebayo and Oluyinka Oyeniji, had filed the class action on behalf of themselves and other DStv subscribers across the country, seeking a restraining order against MultiChoice from implementing the new charges it commenced on April

    Although the trial judge, Justice Chukwujeku Aneke had issued an interim order stopping the firm from implementing the new rate,  pending the determination of the suit, MultiChoice chose to ignore the order.

    The company in its preliminary objection to the suit had argued that Nigeria operates a free market economy, adding that the suit contradicted the mandatory provisions of Sections 97 and 98 of the Sherrifs and Civil Processes Act, which stipulate that a writ to be served outside jurisdiction must be concurrently issued.

    Although it was argued that the NBC was not served in compliance with the rules, the plantiffs through their lawyer, Yemi Salma, had urged the court to discountenance such argument, as Section 19 of the Federal High Court Act, clearly defined the jurisdiction of the court to be one within Nigeria.

    The plaintiffs had sought an order of the court compelling the NBC to regulate the activities of MultiChoice so as to prevent what they described as arbitrary increment in subscription rates.

    They prayed the court to impress it on NBC to be alive to its statutory responsibility by ensuring that MultiChoice is compelled to implement  the  pay-per-view scheme in Nigeria, whereby subscribers would only pay for programmes they watched, as was being done in other parts of the world where MultiChoice operated.

  • Court strikes out suit against National Conference

    Court strikes out suit against National Conference

    Justice Abdulkadir Abdulkafarati of the Federal High Court, Abuja yesterday struck out a suit seeking to nullify the last held National Conference.

    The suit was filed by rights activist, Tunji Abayomi, shortly after President Goodluck Jonathan inaugurated the conference last year.

    Abayomi, in the suit, argued that it was wrong for the president to have inaugurated the conference without an enabling law passed by the National Assembly.

    He asked the court to determine whether a national conference can be convened by the President and/or government of Nigeria without a law made by the National Assembly enabling them to do so.

    In a judgment yesterday, Justice Abdulkafarati upheld the preliminary objection by the Attorney General of the Federation (AGF) to the effect that the plaintiff lacked the locus standi (the right to sue) to initiate the suit.

    He held that Abayomi failed to show, with documentary evidence, that he is a tax payer for him to be clothed with the locus to sue.

    The judge also held that the plaintiff failed to disclose any special interest he sought to protect. He further held that the plaintiff failed to show that by convoking the National Conference as he did, the President breached any known law.

    Justice Abdulkafarati held that since the National Conference has been concluded and its outcome submitted to the President for further action, the suit has become an academic exercise.

  • Court strikes out Bayelsa’s suit against EFCC

    Court strikes out Bayelsa’s suit against EFCC

    Federal High Court in Abuja has struck out a suit brought against the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ibrahim Lamorde, by the Bayelsa State Government.

    The government is suing the commission for its alleged refusal to remit funds recovered from ex-Governor Diepreye Alamieyeseigha.

    The court’s decision followed a sudden change of mind by the government, which filed a notice of discontinuance through its Attorney General and Commissioner for Justice.

    The suit was instituted on behalf of the state by the Managing Director of Panic Alert Security System (PASS), George Uboh and a lawyer, Anthony Agbonlahor, who were mandated by the state to help recover the funds – N1.4billion and $1.3 million.

    The funds were said to have been recovered from Alamieyesiegha upon his conviction by a Federal High Court in Lagos on July 26, 2007.

    The state had asked the court to among others, order EFCC to pay 21 per cent interest on the N1.4 billion and the $1.3 million from November 1, last year, until judgment was delivered by the court.

    It prayed the court to “direct EFCC to pay to it $400,000 being the amount forfeited by the former governor and the funds had since been repatriated by the United States Government to the EFCC”.

    Baylesa urged the court to declare as corrupt acts, the refusal of the commission to remit back to it, the recovered funds, and that the decision by the EFCC to continue “trading with the funds by way of funds placement/fixed deposits, is an act of corruption and an economic crime contrary to sections 6 and 7 of the EFCC (Establishment) Act, 2004.

    The state also asked the court to declare that Lamorde who took part in the investigation and prosecution of Alamieyesiegha should not have allowed the looted funds to be traded with.

    It urged the court to hold that Lamorde was not qualified to continue as EFCC chairman, having violated his oath of office.

    Uboh averred, in a supporting affidavit, that the suit was informed by the EFCC’s refusal to honour an earlier request for the funds as contained in a demand letter he wrote as the state’s agent.

    Uboh said subsequent to his December 19, last year letter, he met with EFCC officials and the commission asked him for a short time to comply.

    He said the commission failed to remit the monies, following which the state instructed him to file suit.

    When the case came up for mention on Tuesday, a lawyer, I. M. Akhame, who announced appearance for the plaintiff was surprised when Justice Adeniyi Ademola told him about the notice of discontinuance.

    He told the court that he was not aware that the state had taken a decision to withdraw the case. Akhame said it was unfair of the Bayelsa government not to have sent a copy of its notice of discontinuance to its lawyer and wrote him to debrief him properly as required.

    Akhame indicated his intention to proceed with the case, arguing that the state’s Attorney General lacked the power to discontinue a civil case without the knowledge of the private lawyer engaged by his state.

    But Justice Ademola said: “The notice of discontinuance automatically terminates the case and the court is to make the final order. It is settled law that the plaintiff can discontinue before hearing.

    “The plaintiff, represented by the Attorney General of Bayelsa State, has a right to discontinue this case. The case is struck out without cost.”

  • Court strikes out Aminu’s bid to stop Newswatch newspapers

    A Federal High Court sitting in Lagos yesterday struck out a motion for a perpetual injunction seeking to stop further publication of Newswatch newspapers.

    The motion was filed by two former directors of Newswatch Communications Limited, Nuhu Wada Aruda and Prof. Jibril Aminu, who claimed to be representing minority shareholders of the media establishment.

    Mr. Justice Ibrahim Buba held that he would prefer to hear the plaintiffs’ case on merit, since all parties to the matter were represented in court.

    He added that there would be no need for restraining order.

    Aruda and Aminu had requested the court to stop further publication of Newswatch newspaper titles pending the determination of the substantive suit.

    They accused the new management under Dr. Jimoh Ibrahim of systematically working to kill the company’s main product – Newswatch weekly magazine – and replace it with a daily newspaper to be published by a newly incorporated company – Newswatch Newspapers Limited – an organisation in which Ibrahim’s company, Global Media Mirror Limited, owns the majority shares.

    The shareholders, in their main suit brought via a petition, urged the court to set aside the Shareholders’ Agreement through which Ibrahim assumed the majority shareholding in the company.

    They averred that Ibrahim, the new Chairman of Newswatch Communications Limited, and the company “have not called a general meeting since the new illegal take over of the company.”

    The court on January 31 assumed jurisdiction to hear the matter, dismissing the defendants’ preliminary objection.