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  • Court orders Evans, 3 others to get legal representative by June 14

    Justice Hakeem Oshodi of an Ikeja High Court has ordered alleged kidnap kingpin, Chukwudimeme Onwuamadike alias Evans and three other defendants to ensure they have legal representation by June 14.

    Evans is standing trial alongside Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi, Okwuchukwu Nwachukwu and Victor Aduba over the alleged kidnap of the Chief Executive Officer of Maydon Pharmaceutical Limited, Mr Donatius Dunu.

    NAN reports that the six were arraigned on Aug. 30, 2017 on two counts of conspiracy and kidnapping. According to the prosecution, they allegedly kidnapped Dunu and collected 223,000 Euros (N100m) as ransom.Evans and his co-defendants had pleaded not guilty to all the charges.

    At resumption of the trial on Thursday, proceeding was stalled due to the absence of defence counsel for Evans, Amadi, Uchechukwu and Ifeanyi.

    Following the development, Justice Oshodi mandated Evans and the three other defendants to ensure they have legal representation by June 14, the next adjourned date.

    The judge also directed that counsel from the Office of the Public Defender (OPD) be in court on the next adjourned date to represent the defendants in case they failed to get counsel to represent them in court.

    “If on the next day, the defence counsel are not around, the courts will order the defendants to either represent themselves or the court invokes Section 233(3) of the Administration of Criminal Justice Law.

    “The prosecution shall also notify the Office of the Public Defender (OPD) to be in court on the next adjourned date.
    “This case is adjourned to June 14 for the continuation of the evidence of PW4,” Justice Oshodi said.

    Earlier during proceedings, Mr Emmanuel Ochai, the defence counsel representing Aduba (sixth defendant), told the court that other kidnap trials involving Evans have been stalled in other courts for the same reason.

    “We were before your learned brother yesterday at the High Court in Igbosere and we had the same issue.

    “Due to the absence of the counsel to the first (Evans) and fourth (Ifeanyi) defendants here, the matter was stalled.

    “I really do not know why there is no legal representation but we as counsel to the sixth defendant (Aduba) are ready to proceed,” Ochai said.

    Read Also: Court gives Evans till May 17 to get lawyer 

    Mr A. A Uzokwu, the counsel to the fifth defendant (Nwachukwu), also told the court that they were ready to proceed but was handicapped because of the absence of the other defence counsel.

    “What is happening now is like they are like a stationary vehicle, some of us are behind and that stationary vehicle and because it is not moving, we cannot move,” he said.

    When asked why he had no legal representation Evans told the court “I did not communicate with him.

    Amadi, Uchechukwu and Ifeanyi also told the court that they had not communicated with their defence counsel.

    Reacting to the absence of the defence counsels for the first to fourth defendants, Mr Y.G Oshoala a Director in the Directorate of Public Prosecutions (DPP) asked the court to appoint counsel for the defendants.

    “My Lord, yesterday we were before your learned brother Justice Akintoye at the Igbosere High Court.

    “The case was adjourned and that was the third adjournment granted by that court at the instance of the first defendant (Evans).

    “It is a game they are playing and I pray the court assist the state and invoke Section 233(3) of the ACJL which allows the court to appoint counsel for the defendants in these circumstances.

    “We brought our witness from out of jurisdiction or if the defendants so wish, they can defend themselves, it is their constitutional right,” Oshoala said.

    A policeman and the fourth prosecuting witness, Insp Idowu Haruna, was in court to testify in the proceedings that was eventually stalled.

  • Updated: Court gives Evans last chance to get lawyer by May 17

    An Igboseree High Court, Lagos Wednesday gave suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, till May 17 to get a counsel to defend the criminal charges against him.

    Justice Adedayo Akintoye told Evans, whose case has suffered three adjournments following his failure to secure legal representation, that he had only three options.

    He could defend himself, get a new counsel or the court would appoint a legal aid counsel for him, Justice Adedayo said.

    The judge gave the warning following the third consecutive absence of Evans’ counsel, Chino Obiagwu (SAN).

    At the last sitting on March 1, Obiagwu did not make an appearance but sent a letter informing Justice Akintoye of his absence.

    No member of Evans’ legal team, Including Olanrewaju Ajanaku, was present.

    Acknowledging his letter, the judge adjourned till yesterday for address by counsel for trial within trial.

    On March 29, an Ikeja High Court also gave Evans one more chance to get a lawyer to defend him in a similar case.

    Justice Oluwatoyin Taiwo gave him till May 10, to do so, otherwise he could defend himself or the court would appoint a legal aid counsel for him.

    Wednesday’s adjournment in Igbosere, the third consecutively, followed that of January 31, foisted on the court by the non-appearance of another defence counsel, Emmanuel Ochai, and that of March 1.

    Evans is standing trial alongside Joseph Ikenna Emeka, 29, Chiemeka Arinze, 39, Udeme Frank Upong, 43, on a seven-count charge of murder, attempted murder, conspiracy to kidnap and selling of firearms.

    At the commencement of yesterday’s proceedings, no member of Evans’ legal team was present.

    There was also no letter to the court to explain their absence.

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    Upon an enquiry from Justice Adedayo, Evans said: “The last time we spoke, he told me that on the next adjournment he will be in court.”

    Judge: “So, he’s not here today?”

    Evans: “Yes.”

    Prosecuting counsel Yhaqub Oshoala prayed the court to invoke Section 233 (3) of the Administration of Criminal Justice Law (ACJL) which empowers it to appoint a counsel for the defendant.

    He said: “The provision is that where the defendant fails or is unable to secure a counsel, the court has the discretion to order the legal aid counsel to provide a representation for the defendant.

    “This is the third time this matter is called and the first defendant (Evans) is not represented”.

    Acknowledging his submission, Justice Adedayo turned to Evans and asked: “What exactly is the position? I understand they don’t want to appear for you. Do you want the court to appoint another lawyer for you?”

    Evans shook his head and said: “No, my lord.”

    The judge advised him to ensure that he got a legal representative before the next adjourned date.

    Justice Akintoye said: “If your lawyers don’t want to appear, we cannot force them.
    “You have three options, you can get another lawyer to represent you or the court can appoint one for you or you can defend yourself, which is not advisable.

    “Today is the last chance that I have given, otherwise I will do what I have said. After today, there will be no more adjournment.”

    The judge adjourned till May 17 for continuation of trial.

     

  • Pastor, eight others jailed for open defecation

    A Magistrate’s Court sitting in Aramoko Ekiti has sentenced a pastor and eight others to six- month imprisonment for failure to provide toilet facilities in their houses.

    The convicts were also jailed for other sanitation offences like practicing open defecation and refusing to provide waste bins within their vicinities.

    They were brought to court from communities like Aramoko, Erio, Ido Ile, all in Ekiti West Local Government Area of the state.

    Out of the 18 people arraigned before the Magistrate court by Local Government Environmental Health Officers, nine pleaded guilty to the offences and were convicted.

    The convicted are: Pastor Olaleye Isaac, Chief Ologun Ala, Mr. Titus Ibironke, Chief Jacob Taiwo, Mr. Sunday Adesoba, Mrs. Olu Obateru, Mr. Adetoyinbo, Mr. Agboola and Mr. Atoro.

    The presiding Magistrate, Mr. Abayomi Adeosun, sentenced the accused persons to six months imprisonment with options of fines ranging from N5,000 to N15,000.

    Read Also: Court remands Togolese cook charged with murdering Credit Switch boss

    While lamenting the environmental nuisance caused by open defecation, he held that the sentence would serve as a deterrence to others.

    The Magistrate also issued a bench warrant for the arrest of nine other persons who failed to appear in court for similar offences.

    He further directed the Police to present them for prosecution on April 25, 2019.

    Addressing journalists after the conviction, Chief Prosecutor, Ekiti West Local Government, Mr. Ebenezer Fashipe lamented that citizens valued their wealth more than their health.

    Fashipe assured that the local government will continue to prosecute households without toilets until open defecation is eradicated in the area.

  • Updated: How Togolese cook murdered Credit Switch boss

    An Igbosere High Court in Lagos on Wednesday remanded in prison custody a Togolese cook, Sunday Adefonou Anani, charged with the murder of the Chief Executive Officer of Credit Switch Limited, Chief Opeyemi Bademosi.

    Justice Mobolanle Okikiolu-Ighile made the order following Anani’s arraignment by the Lagos State Government on a two-count charge of murder and armed robbery.

    Before the charge was read, his counsel, the Director of the Office of the Public Defender (OPD) Adenrera Adeyemi, informed the court that Anani did not understand the English language.

    Adeyemi, who appeared in court with J.I. Osagiede I.O. Bashua and Eniola Disu, applied for the services of a French-English language interpreter.

    Justice Okikiolu-Ighile upheld her application and directed that one be provided.

    The charge, prepared by the prosecutor, Director of Public Prosecutions (DPP), Titilayo Shitta-Bey, was then read and interpreted to Anani.

    It alleged that Anani, 22, committed the offences last October 31, at Bademosi’s Parkview Estate, Ikoyi, Lagos residence.

    He allegedly stabbed Bademosi, 67, to death with a knife and stole his valuables, including the deceased’s phone.

    According to Shitta-Bey, the offences contravened Sections 223 and 297 of the Criminal Law of Lagos State, 2015.

    Anani pleaded not guilty, following which the judge remanded him in prison custody.

    The DPP also informed the court that the prosecution had 17 witnesses in the case.

    Adeyemi then applied that the court should direct the prosecution to provide the defence with complete proof of evidence, to enable the defence prepare its case.

    The court upheld her application and adjourned till May 21, for trial.

    Last November 11, the Lagos State Police Command, published the result of its investigation of the case.

    Its spokesman, Chike Oti, a Chief Superintendent, said: “On October 31, three days after assuming duty, the suspect, with the intention to rob the deceased, made his way to his boss’ bedroom through the kitchen to the lobby and then to the room, which was the scene of the crime, when he observed that the woman of the house, Mrs. Ebunola Bademosi, had left home for a transaction in a neighbourhood bank.

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    “According to the suspect, when he got to Bademosi’s room and met him on the bed, he said, ‘Chief, I am not here to kill you.’

    “Bademosi asked him, ‘What do you want?’ and he replied ‘money.’

    “Bademosi said he had no money in the house. At this point, the suspect said he tied him up with a cloth and put him on the floor.

    “He went further to say that Bademosi, while still on the floor, kicked him, causing the knife he tucked inside his pants to fall off.

    “He added that Bademosi crawled to pick the knife, but he (the suspect) was faster, and that, as he struggled with him, the knife accidentally pierced Bademosi.

    “He said that while exiting the room, Bademosi took the knife to stab him, so he kicked him and he fell down.

    “He then took the knife and stabbed him twice on the chest, which added to three knife stabs.

    “When he was done killing the man, he entered his bathroom and threw away his apron already stained with blood and the kitchen knife used as murder weapon.

    “He, thereafter, heard a knock on the kitchen door, and, sensing it must be the deceased’s wife, he ran out of the room and exited from the sitting room door.

    “He was confronted by the guard at the gate, one Nura Mamudu, who asked him where he was hurrying to and he replied that ‘madam sent me on an errand.’

    “Finding himself in the street, he came across men loading cement into a truck. He assisted them and they rewarded him with a lift to Ondo State and N500 given to him by the truck driver in appreciation.”

  • Breaking: Supreme Court strikes out appeal by sacked Kwara APC exco

    The Supreme Court has struck out an appeal by members of the sacked executive of the All Progressives Congress (APC) in Kwara State, led by Ishola Balogun Fulani.

    A five-man panel of the Supreme Court, led by Justice Olabode Rhodes-Vivour, held in a unanimous ruling on Wednesday, that the appeal was without merit.

    Justice Olukayode Ariwoola, in the lead ruling, noted that the appeal, being on an interlocutory decision of a High Court in Ilorin, the record ought to be complied and transmitted within 14 days, as required under Order 7 of the Supreme Court’s Rules.

    Read Also: Court orders Nigeria Immigration Service to pay ex-staff N9.7M in 60 days

    Justice Ariwoola held that the appellants, having failed to comply with the court’s rules. when they transmitted the record of appeal outside the 14-day period, the appeal becomes incompetent.

    Details shortly..

  • Court orders Nigeria Immigration Service to pay ex-staff N9.7M in 60 days

    The National Industrial Court, Abuja, on Wednesday ordered the Nigeria Immigration Service, to pay an ex-staff, Oguntoyinbo Made N9.7 million in salary arrears within 30 days.

    The salary as ordered by the court, was for July 1, 1999 to Aug.31,2014.

    The News Agency of Nigeria (NAN) reports that Made was employed by the Service, on Nov. 1, 1993 as an Inspector of Immigration on Conpass 07.

    Made had approached the court to seek redress after he was removed from the service as a result of a retrenchment exercise in April, 1999.

    Although he was reabsorbed back into the service in 2003, he was not part of the day to day activities and promotion exercises of the service.

    However, by the judgment of the same court in June, 2014, the defendant was ordered to recognise the claimant as its staff.

    Following the directive of the court, the claimant was again reabsorbed, but the never paid the claimant’s salary arrears from July, 1999 to Aug.31,2014, as recommended by its legal department.

    Delivering judgment, Justice Rakiya Haastrup held that the crux of the claimant’s case was that he was denied promotion several times by the defendant and when he was eventually allowed to participate in 2015, his result was never released.

    She said “from the evidence before the court via Exhibit CWM7, which contained the legal advice from the legal department of the defendant, it admitted an error in the removal of the claimant from service in 1999.

    ” Furthermore, it is clear from the Exhibit that there were directives from the Comptroller General for reinstatement of the claimant” the judge said.

    She further added that reinstatement simply involved a revocation of the act of dismissal and restoration of payment of wages for the intervening period.

    Haastrup equally said an employee as claimant in this case, upon reinstatement was entitled to be paid all his arrears of salary including fringe benefits up to the point of reinstatement and thereafter as and when due and payable.

    The judge averred that ” the claimant has proved his entitlement to the sum claimed, as computed by the defendant in Exhibit CWM8, totaling the sum of N9.705 million.

    “I am of the view that the claimant has been able to prove his case, I hold therefore that the defendant is liable to pay the claimant the aforementioned sum.

    “ I hold that the claimant has succeeded in all his reliefs in this suit against the defendant and all the issues are also resolved in the favour of the claimant,” she added.

    She also declared that the exemption of the claimant from promotion exercises from 1993 till date was an unfair labour practice, discriminatory, unconstitutional and illegal.

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    Haastrup further ordered that the defendant should immediately release the claimant’s result in the 2015 promotion exercises and align the claimant’s rank to that of Comptroller of Immigration ( CIS), as his contemporaries who joined the service the same time with the claimant.

    The judge in addition ordered the defendant to pay the claimant the sum of N2million as general damages and awarded the sum of N250,000 to the claimant, as cost of prosecuting the suit.

    She concluded by saying that the judgment should be complied within 60 days adding that failure to comply would attract 21 per cent interest on the judgment sums.

    Joined in the suit as a co-defendant were Civil Defence, Fire, Immigration and Prison Services Board and the Comptroller General of NIS.

  • Hairdresser stabs friend with broken bottle over cassava flakes

    For allegedly stabbing her friend for not allowing her to taste cassava flakes, a 35-year-old hairdresser, Anita Samuel, on Wednesday appeared before an Ikeja Chief Magistrates’ Court on a charge of assault.

    The defendant, a resident of No. 22 Osho St., Ikorodu, Lagos, was arraigned on a count charge but she pleaded not guilty.

    According to the prosecutor, ASP Akeem Raji, the defendant stabbed one Miss Ediomo Linus with a broken bottle on the forehead following a disagreement over Linus’s refusal to allow her to taste cassava flakes.

    Raji told the court that the defendant committed the offence on March 12 at noon at No.15 Ogunsefunmi St., Ikeja.

    He said that the defendant told the complainant to let her have a taste of cassava flakes she was eating but she refused.

    “The following day, the complainant greeted the defendant but she did not return the gesture.

    “This led to an argument which made the defendant to lock the door and hit her with a broken bottle on the head,” he said.

    The Chief Magistrate, Mrs O.A. Layinka, granted the defendant N200, 000 bail with two sureties in like sum.

    Layinka ruled that the sureties must be gainfully employed with an evidence of two years’ tax payment to the Lagos State Government.

    The News Agency of Nigeria (NAN) reports that assault contravenes Section 173 of the Criminal Laws of Lagos State, 2015 (Revised) and attracts three years’ imprisonment.

    The case has been adjourned until April 25 for substantive hearing.

  • Court remands suspected killer of police corporal

    A Senior Magistrates’ Court in Port Harcourt, Rivers State, has ordered the remand in prison custody of 23-year-old Ndifreke Jonah, for alleged murder of a police corporal, and armed robbery.

    Ndifreke and others at large allegedly shot dead Cpl. Godknows Iworima at an hotel, before snatching N4,000 from another victim.

    A court document obtained by our reporters showed that the incident occurred on March 7, 2018 at Varlin Hotel, Rumueke Mgbuoba, Port Harcourt.

    Iworima was reportedly shot on the left side of his chest by Ndifreke’s gang, who were armed with guns, including a locally made revolver pistol. He died from the gunshot wound.

    Read also: Court orders service of processes on Magu over detention of lawyer, ex-Senator

    The accused was also alleged to have dispossessed Obinna Irondi of N4,000.

    The suspect was charged with a three-count charge of murder and armed robbery, but the charges were not read to him; hence he did not take any plea.

    Magistrate Sunday Abel said the court lacked jurisdiction to hear the matter and ordered that Ndifreke’s case file be sent to the Director of Public Prosecutions (DPP) for legal advice.

    He said the accused should be remanded in prison custody, and adjourned the case till May 2.

     

  • Court to open hearing in N50b suit against INEC, two others

    A Federal High Court in Abuja has scheduled hearing for May 27 this year in a suit seeking to among others, bar the Independent National Electoral Commission (INEC) from further use of transparent ballot boxes, permanent voters’ card and related devices for elections.

    The suit, filed by a firm – Bedding Holdings Limited – is intended, among others to enforce two pending judgments given by the Federal High Court on June 5, 2012 and January 28, 2014 which affirmed the firm’s exclusive patent rights over some inventions that formed the core of INEC’s electoral operations.

    Bedding identified the inventions on which it has patent rights to include: “the Transparent Ballot Boxes (TBB), Electronic Collapsible Transparent Ballot Boxes (ECI’BB), Direct Data Capturing Machines, Electronic Card Reader (ECR), its derivable Permanent Voters’ Card (PVC) and Proof of Address System Scheme (PASS) Embedded with the Concept of the Coded Metal Plate and the Process and Application of these products to produce the Voters’ Register respectively.”

    The suit, marked: FHC/ABJ/CS/1537/2018, has Bedding listed as the sole applicant, with INEC, the Attorney General of the Federation (AGF) and the Registrar of Patents, Federal Ministry of Commerce and Industry, listed as respondents.

    The applicant wants an order, compelling the respondents to abide by the judgment of the court delivered on June 5, 2012 in a suit marked: FHC/ABJ/CS/82/2011 and on January 28, 2014 in suit: FHC/ABJ/CS/816/2010.
    Bedding is also praying praying the court for an order, directing the respondents to pay it N50billion “as exemplary damages for the continued use of the Transparent Ballot Boxes, Electronic Collapsible Transparent Ballot Boxes and Direct Data Capturing Machines for the registration of voters and or the collation/compilation and production of the voters’ register” without its prior and express consent.

    It equally seeks an order of perpetual injunction, restraining the respondents from using its inventions and anything derived thereof, without the prior and express consent, and “to declare any action or actions whatsoever and however or purported to have been taken in connection thereto, as illegal, unlawful, unconstitutional, null and null.”

    On December 18, 2018, Justice Nnamdi Dimgba (also of the Federal High Court, Abuja) restored the judgment given by Justice Adamu Bello on July 5, 2012 and gave Bedding the permission to commence the process of enforcing the judgment.

    In a supporting affidavit, deposed to by its Chief Executive Officer (CEO), Sylvester Odigie, Beddings claimed that the respondents have continued to disregard the judgment of June 5, 2012 and a subsequent one of January 28, 2014 which further confirmed its (the firm’s) exclusive patent rights over the said inventions.

    Bedding stated that its core speciality is in the fabrication and manufacture of steel metal products such as transparent ballot boxes, electronic transparent boxes, among other products.

    It added that: “On 12th January, 1998 the applicant (Bedding) was issued with Certificate of Registration of Patent Rights No. RP 12994 and Registration of Industrial Designs Rights No. RD 5946 in and over the invention named Transparent Ballot Boxes (“TBB”) by the 3rd respondent (Registrar of Patents).

    “Also on 27th November, 2006, the applicant registered and was issued with the Patent Rights No. RP 16642 and Copyright Designs No. RD 13841 in and over the invention named “Electronic Collapsible Transparent Ballot Boxes”, an improved derivative of TBB, which integral features include the Electronic Card Reader (ECR) and it’s derivable Permanent Voters’ Card (PVC) thereof and Patent Rights NORP NG/P/2010/202, Proof of Address System/Scheme (PASS) (Embedded with the concept of the Coded Metal Plate) the process and application of which is used to produce the voters’ register.

    “The above-stated Patent and Industrial Designs Rights of the applicant is still valid and subsisting till date having been extended at various times by the 3rd respondent upon the application of the applicant.

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    “By virtue of the above and the applicant being the exclusive and bona fide patentee of the said Patent and Design Rights over the inventions named Transparent Ballot Boxes (TBB),, Electronic Collapsible Transparent Ballot Boxes (ECTBB); Direct Date Capturing Machines, Electronic Card Reader (ECR), Permanent Voter’s Card, (PVC) and Proof of Address System Scheme (PASS) Embedded with the Concept of the Coded Metal Plate and the Process and Application of these products to produce the voters’ register respectively, the applicant and the 1st respondent (INEC) executed a license agreement on the 29th day of January 2003 wherein the applicant granted to the 1st respondent license over Transparent Ballot Boxes (“TBB”) till 29th of March 2003.

    “Further to the above, the 1st respondent, in issuing out award letters to its agents and contractors with respect to the transparent ballot boxes, included a clause informing them of the applicant’s right to the patent.”
    Bedding further stated that despite the subsistence of its patent rights over the inventions, the 3rd respondent, on October 14, 2010 issued similar certificates to three other firms in relation to the inventions over which it already had exclusive patent rights.

    The firm stated that upon the its “discovery of the multiple registrations and

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  • Bricklayer sentenced to life imprisonment for defiling 7-year old niece

    An Ikeja Domestic Violence and Sexual Offences Court on Monday sentenced a bricklayer, Idowu Ismail Gbolahan, 30, to life imprisonment for defiling a 7-year old girl (names withheld).

    Justice Abiola Soladoye of found Gbolahan guilty of the offence of defilement of his niece.

    The trial judge sentenced him to life imprisonment following his guilty plea to lone count charge of defilement brought against him by the Lagos State government after arraignment.

    He was said to have defiled the seven year old girl, his niece, when she went to visit her grandmother at No 50 Maroko Road, Shomolu, Lagos on August 11, 2018.

    The prosecution Mrs. Fehinti Ogbemudia told the court that the defendant carried the victim from her grandmother’s room where she went to drink water.

    According to her: “The defendant suddenly carried the victim to his room and shut the door.

    “He removed her pant and had sexual intercourse with her.

    “The victim’s scream attracted a neighbour, one Ukfot Esther, who led the rescue of the victim.

    “Defendant made confessional statement and the victim was referred to the Mirable centre of Lagos State Teaching Hospital for medical examination to corroborate her evidence.

    “Both confessional statement and the Mirabel report attached to the proof of evidence which is before the court. We rely on the provision of section 213 (2) of Administration of Criminal Justice Law (ACJL) 2015.”

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    She urged the court to convict and sentence the defendant based on his guilty plea.

    In his allocutus, defendant cousel, Kelechi Obi, pleaded for mercy, adding his client is the first offender having no record of criminal offence and he did not waste the time of the court.

    Delivering judgement in the matter, Justice Soladoye held that the defendant upon arraignment, admitted to defiling the victim who is a seven-year-old child.

    She also held that he pleaded guilty to one-count charge of defilement of a child contrary to section 137 of the Criminal Law of Lagos State 2015

    “I have listened carefully to the allocutus of his defence counsel Mr Kelechi Obi.

    “I hereby hold that the offence in question is a strict liability offence.

    “An offence against a child is a violation of her chastity and I cannot imagine the emotional and physical scars she will endure for the rest of her life.

    “Idowu Ismail Gbolahan, male, is hereby sentenced to life imprisonment. This is the sentence of this honourable court,” Justice Soladoye said.