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Tag: Court

  • Patience Jonathan: Court hears oral evidence in $8.4m forfeiture suit

    A Federal High Court Lagos on Friday took oral evidences in a suit seeking final forfeiture of about 8.4 million dollars, and N7.4 billion found in accounts linked to a former first Lady, Patience Jonathan.

    The Economic and Financial Crimes Commission (EFCC) had secured an interim order for forfeiture of the sums on April 20, 2018, before Justice Mojisola Olatoregun, following a motion exparte it filed.

    Joined as respondents in the suit are: Patience Jonathan, Globus Integrated Services Ltd, Finchley Top Homes Ltd., Am-Pm Global Network Ltd, Pagmat Oil and Gas Ltd and Magel Resort Ltd and Esther Oba.

    On Oct. 29, 2018, EFCC counsel, Mr Rotimi Oyedepo, had moved his motion for final forfeiture of the sums, urging that same be finally forfeited to the Federal Government.

    Meanwhile, defence counsel, Messrs Ifedayo Adedipe, SAN, Chief Mike Ozekhome, SAN, and Mr Ige Asemudara had respectively moved their processes in opposition to the motion for final forfeiture.

    On Jan. 15, the court had admitted electronic evidences presented by respondent counsel, which depicted video exhibits showing various business outfits of the third and sixth respondents.

    Read Also: Court gives Saraki, Dogara, 52 others 5 days to respond to suit challenging defection

    The court had then adjourned until Feb. 28, for judgment.

    On Feb. 28, the judge had first dismissed an application by counsel to the respondents, seeking to set aside the interim forfeiture orders made on April 20, 2018.

    Meanwhile, giving its ratio on the motion for final forfeiture, the court held that it finds the affidavit evidences conflicting, adding that same can only be resolved if the parties concerned are called upon to give oral evidences.

    When trial resumed on Friday, EFCC counsel (Oyedepo) called a witness, Mr Chukwuma Orji, who deposed to some of the affidavits, and he made adoptions before the court.

    Referring to his role in the course of investigation into the case, Orji told the court that he was Head of EFCC task force in Lagos, and named some of his team members as Ogare Ogbore, Idris Adamu. Abdullahi Tukur, Shehu, among others.

    He said that he came across the account of Global Integrated Services Ltd, A. M P. M Global Network, Pagmat Oil and Gas Ltd, and Margel Resort Ltd, adding that he also came across an account name captured as Patience J.

    Orji also adopted an affidavit deposed to by one of the team members, (Ogare Ogbore), and an objection by defence counsel was overruled by the court.

    The witness confirmed sums of money lodged into a First Bank account and also confirmed that the first respondent was a public officer, who worked with the Bayelsa State government, adding that he annexed documents to exhibit same.

    He confirmed that the monies sought to be forfeited by the EFCC, are in dollars, whereas, the receipts of sale of proceeds were in Naira.

    According to him, the money being transferred by Bola Shagaya were in dollars and converted to Naira, which emanated from Aso rock, adding that same was from unlawful activities of first respondent.

    Under cross examination by first defence counsel (Adedipe), the witness reiterated that he was part of the team of investigators in the case.

    When asked if he was aware that the first respondent was Nigeria’s First Lady under President Goodluck Jonathan, he replied Yes.

    On whether he was aware that the former First Lady had a pet programme known as Women for Change at the time, the witness replied that his investigations revealed that the programme was used to receive and conceal proceeds of crime.

    On if that was the provision of the programme’s constitution, the witness replied that while the constitution says something different, its purpose was different.

    When asked if the government of Bayelsa and Edo had complained to the commission, that the funds volunteered to the Women for Change was by force, the witness replied “I didn’t investigate to know if it was paid by force.”

    On whether he knew if Bola Shagaya was a friend to the former First Lady, the witness replied that he only discovered from investigations that they were co-conspirators.

    “Have they been charged to court, ” Witness replied “It is not my duty, ”

    Adedipe then said “I suggest to you that you are not a witness of the truth, ” and the witness replied “You are wrong. ”

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  • Court gives Saraki, Dogara, 52 others 5 days to respond to suit challenging defection

    The Federal High Court Abuja on Friday gave Senate President, Bukola Saraki, Speaker, House of Representatives, Yakubu Dogara and 52 other lawmakers until April 17 to file their responses to a suit asking them to vacate their seats.

    An advocacy group, Legal Defence and Assistance Project, (LEDAP) dragged the lawmakers to court seeking a declaration that they were no longer members of the National Assembly having defected to other political parties before the expiration of their tenure.

    The defendants comprise 17 Senators, 37 members of the House of Representatives, the Independent National Electoral Commission, the Attorney-General of the Federation and the clerks to both houses.

    When the matter was called, Mr Efut Okoi announced appearance for the senate and the senators while Safiya Mohammed announced appearance for the members.

    Both counsel urged the court to entertain their applications noting that a litigant’s choice of counsel was his fundamental right.

    Mr Jubrin Okutepa, (SAN) who announced appearance for LEDAP said that the defendants were attempting to confuse the court by changing counsel.

    He noted that at Thursday’s proceedings, Mr Mahmud Magaji, SAN, announced appearance for all the defendants and wondered why that had changed.

    He urged the court to ask Magaji to move the applications he had earlier filed and strike out any other applications before the court with regards to the suit.

    Magaji, in one of his applications, challenged the jurisdiction of the court to hear the matter on the grounds that the plaintiff had no “locus standi” to file the suit.

    The trial judge, Justice Okon Abang however held that it was in the interest of justice to hear all counsel in the matter.

    He ruled that the plaintiff, (LEDAP) was at liberty to reply to all the processes filed by the defendants on or before April 15 and ordered the defendants to file their reply by April 17.

    Read Also: Court withholds judgment in suit against defection of Saraki, Dogara, 52 others

    He said that any party that failed to abide by the court‘s directive would have itself to blame.

    The judge adjourned the matter until April 18.

    The court on Thursday, suspended delivering judgment the suit, even though the judge said it was ready, in order to give the defendants an opportunity to file their processes so as to give all parties in the suit fair hearing.

    LEDAP, in their suit filed on Sept. 14, 2018, prayed the court for an interpretation of Section 68(1)(g) of the 1999 Constitution.

    This was with regards as to whether any member of the National Assembly who resigns from the political party that sponsored his election before the expiration of the term for which he was elected, automatically loses his seat in the assembly.

    The group was also seeking a declaration that the lawmakers were no longer entitled to receive any remuneration due to a member of the National Assembly and that any of such remunerations after their date of defection be refunded to the Federal Government.

    LEDAP in the suit, also prayed the presiding members of the National Assembly to declare vacant, the seats of the defectors.

  • Alleged N115m fraud: Court fixes Tuesday to rule in ex-SEC DG’s no-case-submission

    An FCT High Court on Friday is to deliver ruling on Tuesday in the no- case- submission filed by the suspended Director-General of the Securities and Exchange Commission (SEC), Dr Mounir Gwarzo on alleged of N115 fraud.

    The Independent Corrupt Practices and Other Related Offences Commission (ICPC) charged Gwarzo alongside an Executive Commissioner in the Commission, Zakawanu Garuba, with five counts of alleged misappropriation to the tune of about N115 million and conferment of corrupt advantage on a public officer before Justice Hussein Baba-Yusuf.

    They, however, pleaded not guilty to the charge.

    The defendants, on Feb. 7, through their counsel, Abdulhakeem Mustapha, SAN, and Robert Emupkoeruo, informed the court of their intention to file no-case submission.

    This they prayed after the prosecuting counsel, Mr Adesina Raheem, had informed the court that the prosecution was closing its case against the defendants with the testimony of the fifth prosecution witness (PW5), Taiwo Olorunyomi.

    Gwarzo’s counsel, Mustapha SAN, on March 18 urged the court to hold that the prosecution has not been able to adduce any credible evidence to make the defendant enter any defence.

    He informed the court that the no-case submission he prayed for was brought pursuant to Sections 302 and 303 of the Administration of Criminal Justice Act (ACJA), 2015.

    According to him, the prosecution had failed to make out any prima facie case against Gwarzo, adding that the evidence adduced were all contradictory.

    He submitted that the prosecution in its written address on the submission relied on the law on certain political office holders and admitted that SEC was not mentioned in the said law.

    Specifically, he urged the court to uphold the no-case submission by the first defendant as well as discharge and acquit him of the charge against him.

    Counsel to Garuba, Mr Robert Emukpoeruo, also argued that the prosecution had failed from the evidence adduced to make any prima facie case against the second defendant.

    He said the evidence adduced by the prosecution during hearing has not established any ingredients of the offence said to have been committed by Garuba.

    Read Also: Fayemi’s new cabinet is robust, says Ondo APC

    He, then, urged the court not only to uphold the no-case submission but also discharge and acquit the second defendant.

    In his submission , the prosecution counsel, Mr Raheem Adesina, urged the court to dismiss the no-case- submission of the defendants and ask them to enter their defence.

    Adesina stated that there was the need for the defendants to explain to the court where they got the severance package from, since there was nowhere in Exhibit ICPC 3, before the court where severance package was mention.

    He argued that there was no single word of severance benefit in the SEC Board resolution in July, 2002 (Exhibit ICPC 3).

    He said that what was approved and collected was severance benefit when the first defendant never retired from SEC.

    The News Agency of Nigeria (NAN) reports that the ICPC accused Gwarzo of committing fraud to the tune of about N115 million in June 2015, when he held forth as SEC Director-General.

    It alleged that the suspended D-G received the sum of N104,851,154.94 as severance benefits when he had yet to retire, resign or disengage from the service of SEC.

    It added that he conferred a corrupt advantage upon himself when he received the sum of N10,983,488.88 in excess of car grant payable to him.

    Garuba, on the other hand, was accused by ICPC of allegedly conniving with Gwarzo to commit the fraud.

  • Motorcyclist kills passenger over N200 fare

    An Ilorin Magistrates’ Court on Friday remanded a commercial motorcyclist, Umar Kareya, in prison for allegedly killing passenger over N200 transport fare.

    The Magistrate, Mrs Jumoke Bello, who did not take the plea of the defendant due to lack of jurisdiction, ordered that he be remanded in Oke-kura Prison yard, Ilorin.

    She adjourned the case until April 17, for further mention.

    Read Also: Motorcyclist remanded for beating man to death

    Earlier, the Prosecution Counsel, Sgt. Roda Kayode, informed the court that the accused picked up his victim, a yet-to-be-identified man, on March 23, from Labe-Labe to Fumuni market via Bani in Baruteen Local Government Area of Kwara.

    Kayode said that on the way, a fight broke out over transport fare.

    In the process, she said, the defendant attacked the man with a cutlass, causing him serious injuries, which led to his untimely death.

    The defendant, she said, was apprehended at the scene of the crime following a tip-off.

    She prayed the court to remand the defendant, pending the completion of investigation.

  • Father, son charged for beheading of woman, granddaughter

    A Cambodian farmer and his son have been charged for beheading a woman and her 6-year-old granddaughter whose bodies were found in a forest, authorities said on Friday.

    The Kampong Cham Provincial Court charged the two men with murder with aggravating circumstances on Thursday, said James McCabe, operations director of the Child Protection Unit (CPU), a police division supported by the non-governmental Cambodian Children’s Fund.

    “The accused father, who is in his 60s, and the 35-year-old son were known to the victims and they lived in the same commune,” McCabe told dpa.

    Report says they face up to 30 years in prison if convicted.

    The headless bodies of the 65-year-old woman and her granddaughter were found in a forest about 350 metres from their home in the central province of Kampong Cham on April 3.

    McCabe said they had been reported missing about 24 hours prior.

    Recently, McCabe said four individuals were answering questions from a task force comprised of the CPU, national and local police officers and a visiting Australian forensic pathologist.

    Read Also: Man, 26, remanded in prison over N650,000 FRSC job scam

    “The father and son, who farm cashews and bananas in the area, were two of the four people assisting the police with their inquiries,” McCabe added.

    He did not share a motive or if police were seeking additional suspects.

    McCabe was asked whether the victims’ heads had been found, said: “The investigation is ongoing in regards to evidence gathering.”

    The accused were being held in the provincial prison.

  • Court suspends judgment on suit seeking to sack Saraki, 55 others

    The Federal High Court, Abuja has suspended delivery of judgment in a suit filed by an advocacy group, Legal Defence and Assistance Project, (LEDAP) seeking the sack of Senate President, Bukola Saraki and 55 other lawmakers.

    LEDAP dragged Saraki and the 55 other lawmakers to court seeking a declaration that they were no longer members of the National Assembly having defected to other political parties before the expiration of their tenure.

    The group, in their suit filed on Sept. 14, 2018, prayed the court for an interpretation of Section 68(1)(g) of the 1999 Constitution.

    This was with regards as to whether any member of the National Assembly who resigns from the political party that sponsored his election before the expiration of the term for which he was elected, automatically loses his seat in the assembly.

    The group was also seeking a declaration that the lawmakers were no longer entitled to receive any remunerations due to a member of the National Assembly and that any of such remunerations after their date of defection be refunded to the Federal Government.

    Read Also: Make details of NASS budget open, Saraki orders

    LEDAP in the suit, also prayed the presiding members of the National Assembly to declare vacant, the seats of the defectors.

    They had argued the matter in court with only a counsel to the Senate President being represented once while the other defendants never sent representation.

    The court, being satisfied that the processes were served on all parties but they chose to disrespect the court and stay away, allowed the plaintiff to argue his case and fixed April 11 for judgment.

    When the matter was called on Thursday for judgement, counsel to Saraki and the other lawmakers, Mr Mahmud Magaji,SAN, urged the court to tarry in delivering judgment to hear from the defence team in order to deliver a better-informed judgment.

    “The court should wait a while and hear from the other side now that certain facts are available to it.”
    He further contended that in law, once an issue of jurisdiction was raised, it behoved on the court to hear it first before handling any other issue in the matter.

    Magaji also challenged the jurisdiction of the court to hear the matter on the grounds that the plaintiffs had no

    “locus standi” to file the suit.

    According to him, they are only busybodies and meddlesome interlopers.

    The counsel to the plaintiff, Mr Ede Uko, however, argued that the defendant’s counsel was only attempting to arrest the judgment of the court.

    According to him, the law is trite under our jurisprudence that the judgment, particularly the final judgment of the court cannot be arrested.

    “I submit with respect that the application of the defendants seeking to arrest this judgment is misconceived and completely incompetent.

    He referred the court to several Supreme Court rulings where it was firm to say that no antics of parties could be allowed to be used to frustrate the administration of justice.

    Uko further argued that the conduct of the defence in the matter was not worthy of sympathetic consideration since they were duly served with all processes of the court and they even briefed a counsel to handle the matter.

    He said it was not the fault of the plaintiff that the said counsel failed to appear in court again seeing that the defence had nothing to file but to concede to the claims of the plaintiff.

    ” What the defence is seeking to hold onto is like a drowning man
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  • Husband murder: Court refuses to reject wife’s alleged confession

    An Igbosere High Court in Lagos on Thursday dismissed an application asking it to reject the alleged confession of a lawyer, Udeme Otike-Odibi, accused of killing her lawyer husband, Symphorosa, last May 3.

    Justice Adedayo Akintoye ruled that Otike-Odibi’s prayer, made through her lawyer, Oluseye Banjoko, did not satisfy the requirements of the law.

    The judge ordered a trial within trial on May 23, to determine whether the confessional statement allegedly obtained from her by the police on May 4, 2018, should be admitted as having been made by her.

    According to Banjoko, the statements were invalid, having been made without her lawyer being present and without being videoed, as required by law, among other reasons.

    He relied on Section 93 of the Administration of Criminal Justice Law (ACJL) of Lagos State, 2015 and Section 35(2) of the 1999 Constitution (As amended).

    But dismissing Otike-Odibi’s application, Justice Akintoye held: “This court does not find that the said confessional statement was obtained contrary to the provisions of Section 93 of the Administration of Criminal Justice Law (ACJL).”

    The court also considered Section 35(2) of the 1999 Constitution (As amended), which provides that a person accused or detained has a right to remain silent or avoid answering any question until such person has consulted a legal practitioner.

    Read Also: Appeal Court strikes out motion setting aside gazette on approval of 48 Obas in Oyo

    Justice Akintoye held: “The defence counsel has not been able to establish that the defendant was not given the option to remain silent or to avoid answering any question until after consultation with a legal practitioner or any other person of her choice. This has not been proved to be so. He who asserts must prove….

    “It is also important to point out that the defendant, of all people, was well aware of her right, being a Legal Practitioner herself and as such, could have decided not to speak to any police officer.

    “To now imply that she is not aware of her rights or that the police forced her to speak, appears to be very far fetched to this court.

    “The end result is that I do not find that the confessional statement being sought to

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  • Breaking: Rivers poll: Supreme Court rejects APC, Tonye Cole’s three appeals

    The Supreme Court has struck out three appeals filed by the All Progressives Congress (APC), Tonye Patrick Cole and members of his faction of the party, against the judgment that excluded the APC from fielding candidates in the last elections in Rivers State.

    A seven-man panel of the apex court, led by Justice Ibrahim Muhammad, held that three appeals were defective, incompetent and could not be heard by the court.

    The appeals are: SC/295/ 2019 filed by APC, with People’s Democratic Party (PDP) and Independent National Electoral Commission (INEC) listed among respondents; SC/266/2019 filed by APC, with Magnus Abe and others as respondents and SC/267/2019 filed by Tonye Patrick Cole, with Magnus Abe and others as respondents.

    Read Also: Supreme Court refuses appeal by sacked Kwara APC exco

    Justice Muhammad, in the first ruling delivered on SC/295/2019, upheld that argument by PDP’s lawyer, Emmanuel Ukala (SAN) to the effect that the notice of appeal filed by the APC was defective.

    The judge noted that rather than heading a portion of the notice of appeals “Reliefs sought from the Supreme Court,” it was wrongly headed “Reliefs sought from the Court of Appeal.”

    He said the implication of that error was that the appellant did not seek any relief from the Supreme Court, and thereby contravened the court’s rules, a development that rendered the appeal incompetent.

    The same errors were noticed in the other two appeals, which made the appellants’ lawyers, Jibrin Okutepa (SAN) and Tuduru Ede to withdrew both appeals, following which the court struck them out.

    Details later.

  • Court to hear N500,000 damages suit filed by ex- Boko Haram spokesman

    An FCT High Court Maitama on Thursday fixed May 23, for hearing a N500,000 aggravated damages suit filed by a former spokesman of the insurgent group, Boko Haram, Ali Sanda Konduga.

    Konduga dragged the Director-General, Department of Security Services (DSS) and the Attorney-General of the Federation (AGF) and Minister of Justice, over alleged breach of his fundamental rights.

    Konduga through his counsel, Mr Mohammed Tola, filed a suit before Justice Samira Bature alleging that he was kept in detention for an extra three years after serving his three-year jail term before he was released in 2016.

    Konduga was convicted by a Chief Magistrates’ Court in Abuja and sentenced to three years imprisonment for criminal intimidation in 2011.

    Read Also: ‘How I survived two Boko Haram bomb attacks in Maiduguri’

    In the suit, Konduga claimed that he was kept in the custody of the DSS instead of the conventional prison to serve his term because the government wanted him to serve as a key witness to prove a terrorism charge against Sen. Ali Ndume in a Federal High Court in Abuja.

    He further stated as of the time of his release, he was never called to testify in the matter or any other matter.

    Konduga said that he was taken to the DSS’s office in Maiduguri on Sept. 8, 2016 and was released on Sept. 9, 2016 to his parents.

    He alleged that DSS offered his family the sum of N700,000 when he was released, and informed his family that the money was meant for his medical treatment.

    The gesture, Konduga said showed that the DSS knew he was entitled to compensation for his illegal and unlawful detention, adding that the Service refused to pay him any other compensation except the N700,000.

    He further stated that some individuals attacked him after he was released in 2016 and he sustained head injury from the attack.

    He added that as a result of the injury he sustained, the police from GRA Police Station, Maiduguri, Borno , took him into protective custody and later referred him to the Federal Neuro-Psychiatric Hospital in Maiduguri.

    He therefore, demanded for unreserved public apology in three national newspapers.

    Konduga also prayed for an order of the court, directing the respondents to jointly and severally pay him N500,000 as aggravated damages and compensation for the illegal, unconstitutional and unlawful detention.

  • UNILAG students arraigned over attempted rape of course mate

    Two University of Lagos  ( Unilag ) students, who allegedly attempted to rape their course mate, on Thursday appeared before a Yaba Chief Magistrates’ Court in Lagos on a five-count charge.

    Ikedi Okpanlanedu, 21, and Samuel Idongesit, 20, are facing charges of conspiracy, attempted rape, assault, impersonation and threatening violence.

    Police Sgt. Modupe Olaluwoye, prosecuting the case, told the court that the undergraduates invited the course mate, who was a makeup artiste, to a hotel room and attempted to rape her.

    Olaluwoye said that the defendants committed the offences at 4.40p.m. on April 1 at Peace Land Hotel, Folagoro, Lagos State.

    Olaluwoye said that the defendants promised to introduce the makeup artiste to a person who needed her service.

    She submitted that the defendants attempted to rape the lady on her arrival at the hotel room.

    “My lord, they strangled her because she was calling for help. It was a hotel staff, Mr Ohaeri Godlove, who heard her screaming and called the hotel security.

    “Okpanlanedu claimed to be an army personnel, and threatened to stab her with a knife he was holding, if she would not co-operate with them.

    “The knife was recovered from the crime scene, and we intend to tender it in evidence,” she said.

    Read Also: UNILAG medical students seek more security

    The alleged offences contravene Sections 411, 262, 170 (1), 380 and 56 of the Criminal Law of Lagos State, 2015 (Revised).

    The News Agency of Nigeria (NAN) reports that attempted rape attracts 14 years’ imprisonment while impersonation is punishable with three years’ jail term.

    The defendants, however, pleaded not guilty to the charges, and were granted bail by Chief Magistrate Peter Ojo in the sum of N200,000 with two sureties each in like sum.

    Ojo directed that the sureties must be gainfully employed and possess evidence of three years’ tax payment to the Lagos State Government.

    The case was adjourned until June 26 for mention.