The Nation Newspaper

Tag: Court to rule

  • Alleged murder: Court to rule on lawyer’s request April 11

    Should Justice Adedayo Akintoye of the Lagos High Court discountenance the conjessional statements of female lawyer, Udeme Otike-Odibi, accused of killing her husband Symphorosa on May 3, last year.

    The court is to conduct a trial-within-trial to determine whether or not to reject the statement.

    The defendant through her counsel Oluseye Banjoko prayed the court to reject the statements, but the prosecutor, Babatunde Sunmonu, demanded for a trial-within-trial to determine the action to take.

    Banjoko urged the court to reject the statements, because the law was not followed in obtaining them from his client.

    The statements, he said,  were not obtained in accordance with Section 93 of the Administration of Criminal Justice Law (ACJL) of Lagos State, 2015.

     

     

     

  • Court to rule on Jonathan’s wife’s $15.5m October 7

    Court to rule on Jonathan’s wife’s $15.5m October 7

    A former Special Adviser on Domestic Affairs to ex-President Goodluck Jonathan, Waripamo Dudafa, yesterday urged the Federal High Court in Lagos to nullify the guilty plea by four companies linked to Jonathan’s wife, Patience.

    The companies on September 15 pleaded guilty to laundering $15,591,700 (about N5billion) when they were arraigned.

    They are: Pluto Property and Investment Company Ltd (represented by Friday Davis), Seagate Property Development and Investment Company Ltd (represented by Agbor Baro), Trans Ocean Property and Investment Company Ltd (represented by Dioghowori Frederick) and Avalon Global Property Development Ltd (represented by Taiwo Ebenezer).

    The companies, along with a lawyer Amajuoyi Briggs and a banker, Adedamola Bolodeoku, were arraigned before Justice Babs Kuewumi.

    Dudafa, Briggs and Bolodeoku, however, pleaded not guilty to a 17-count charge brought against them by the Economic and Financial Crimes Commission (EFCC).

    Yesterday, Dudafa and Briggs, through their lawyers, urged the court to set aside the guilty plea entered on the firm’ behalf by their representatives.

    They urged the court to replace the guilty plea and with a “not-guilty” plea for the companies.

    They also contended that the court lacked jurisdiction to accept the companies’ guilty plea.

    The defendants said those who pleaded guilty for the companies did not exhibit any letter authorising them to do so by the firms’ board.

    They argued that the prosecution failed to comply with Section 477(3) of the Administration of Criminal Justice Act, 2015 which specifies that such a representative must have authorisation.

    Dudafa’s lawyer, Gbenga Oyewole, said the four representatives had earlier made statements to both the EFCC and the court denying any connection with the companies and alleging that their names and signatures were forged.

    Besides, he said Mrs Jonathan had sued EFCC claiming ownership of the funds in the companies’ accounts, adding that neither the Federal Government not any state had stated that the funds were stolen from them.

    According to him, the same representatives had earlier denied any link to the companies when they were first charged before Justice Abdulazeez Anka, who sat during the vacation.

    He said Justice Anka replaced their guilty plea with “not guilty” after their denial.

    “The purported representatives did not produce a statement of appointment by the companies,” Oyewole argued.

    But, EFCC’s lawyer, Rotimi Oyedepo, urged the court to refuse the applications.

    He said there was evidence at the Corporate Affairs Commission (CAC) that Davies, Baro, Fredrick and Ebenezer were the companies’ directors.

    Oyedepo said the four also had the mandate to operate the Skye Bank accounts where the $15.5million is.

    Besides, he said the companies representatives were of sound mind and made a deliberate decision to plead guilty.

    “The prima facie evidence before Your Lordship is that those who appeared before Your Lordship are the directors of the fourth to seventh defendants (the companies).

    EFCC said the accused persons conspired on November 13, 2013 in Lagos to launder $15,591,700.

    It said the defendants “reasonably ought to have known that the funds form part of the proceeds of an unlawful act”.

    Seagate Property, Dudafa, Bolodeoku and Sompre Omiebi (said to be at large) were accused of indirectly retaining $1,094,500 through a Skye Bank Plc account (2110002207) between November 14 and 19, 2013. EFCC said the money “forms part of an unlawful act to wit: stealing.”

    They were also accused of indirectly retaining $1,200,000 through the Skye Bank account between January 21 and December 19, 2014; as well as $1,349,700 through the same account between March 31 and May 20, 2015, among others.

    Justice Kuewunmi adjourned until October 7 for ruling.

  • Bamaiyi: Court to rule on $330,000 fraud case Dec. 21

    Bamaiyi: Court to rule on $330,000 fraud case Dec. 21

    An Ikeja High Court   will, on December 21, rule on a $330,000 fraud allegation against a former court registrar, Mrs. Oluronke Idowu Rosulu.

    Justice Lateef Lawal-Akapo fixed the date after adoption of final written addresses by parties.

    Rosulu is being prosecuted by the Economic and Financial Crimes Commission (EFCC) for conspiracy and obtaining money under false pretence.

    Defence counsel Bamidele Ogundele told the court that the EFCC did not prove its case, as no evidence was led to show that the defendant visited Kirikiri Prisons and collected the said $330,000.

    Ogundele added that the prosecution also failed to prove through documentary evidence that the defendant met Fred Ajudua and others or obtained money by false pretence from Lt-Gen Ishaya Bamaiyi (rtd).

    The lawyer said the EFCC did not conduct an identification parade for Bamaiyi to identify the defendant.

    He urged the court to discharge the defendant and acquit her of the allegations.

    Prosecution counsel Seidu Atteh, who called six witnesses and tendered 10 exhibits, argued that an accused could be convicted based on a confessional statement and circumstantial evidence.

    Atteh added that Bamaiyi’s eyewitness testimony that the defendant collected the alleged amount was neither challenged nor contradicted.

    He said: “The defendant merely denied going to Kirikiri.

    “The fact that the prison officer did not adhere to the regulation of conducting a visit to the prison cannot be a defence by the defendant to the charge before this court.”

  • Anambra PDP crisis: Court to rule on Uba’s motion today

    Justice H. A. Nganjiwa of the Federal High Court in Port Harcourt, the Rivers State capital, will today rule on a motion by the factional Chairman of the Peoples Democratic Party (PDP) in Anambra State, Ejike Oguebego and Senator Andy Uba on the party’s governorship primary.

    Justice Nganjiwa yesterday heard the arguments on the motion seeking an order that the PDP and the Independent National Electoral Commission (INEC) should recognise Uba as the candidate for the November 16 governorship election.

    Two parallel primary elections were held by the factional chairmen, Oguebego and Ken Emeakayi, last month.

    The primary conducted by Oguebego produced Uba as its candidate; Emeakayi’s produced Tony Nwoye.

    Uba, through his lead counsel, Jude Nnodum, told the court that Emeakayi was not a PDP member, following his expulsion by the party sometime ago.

    Nnodum claimed that Emeakayi’s tenure as state chairman ended long ago, adding that the party elected Oguebego.

    He maintained that the election conducted by Emeakayi and its products were illegal.

    The counsel urged the court to order that Uba be recognised as its candidate for the governorship election.

    The defence lawyer, Tagbo Ike (PDP) and Berth Igwilo, for the others, opposed the application.

    They said the plaintiff’s claims of being the authentic PDP executive had been vacated by a Federal High Court in Abuja and should not be resurrected by another high court.

    Ike said the reliefs being sought by Uba were against the conduct of equity.

    He said the plaintiff had other suits on the same matter in other high courts in Awka, the Anambra State capital.

    The plaintiff, he said, have no legal rights to be granted an injunction.

    Nnodum said the court had the power to issue such orders.

    He said “in pursuant to the Federal High Court order, the court has the power to issue interlocutory injunction on both legal and equitable rights.

    “The plaintiff have maintained in all their processes before the court that Ken Emeakayi has been expelled from the party and the facts have not been denied by the defence in any of their counter affidavits.

    “As it stands, this fact has been established that he is no longer a member of the party, and in his stead Oguebego stepped in.”

    The court later adjourned the matter till noon today.