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Tag: Court

  • Wounds on Offa robbery suspects not caused by gunshots, doctor tells court

    Medical doctor in charge of medical welfare of inmates, Kwara state prisons command, Olaleye Paul Olasunkanmi Monday told Ilorin High Court trying the Offa robbery suspects that the report of the medical examination on the suspects did not show that the wounds on their legs were as a result of gunshots.

    But the court admitted in evidence the medical examination report on the wounds allegedly inflicted on the suspects during the course of their interrogation by the police.

    The medical examination was conducted by Dr Obiora Adunichukwu.

    The suspects are; Ayoade Akinnibosun, Ibikunle Ogunleye, Adeola Abraham, Salahudeen Azeez and Niyi Ogundiran.

    At the resumed hearing of trial- within- trial, Olasunkanmi presented the medical examination report before the court.

    Olasunkanmi said that the instrument used in the hospital cannot tell the date that the injuries occurred during the cross-examination.

    He said the fracture seen on the X- ray film showed that the fracture was there in the past and was caused by metallic object.

    “I am satisfied with the medical examination presented to court despite not being the author. The author followed due process which has provided answer to the needs of the court.

    “I have informed the court that the date cannot be told by our instrument and the injuries are caused by trauma.

    Led in evidence by the prosecutor, Yusuf Beki, Olasunkanmi testified that there is no place where gunshot was mentioned in the report.

    In his response, the defence counsel, Mathias Emeribe, prayed the court to allow further examination of the cause of the wounds on the legs of the suspects by a ballistician.

    He said since the court is after dispensing justice on the matter the assistance of the ballistician in the matter was necessary.

    Responding, the prosecutor Yusuf Beki said the submission of the defence counsel is not valid in the case and urged the court to discountenance it.

    He said a ballistician cannot determine the cause of wounds, saying ballisticians don’t work in the hospital.

    He added that ballistician only determine the various forms of guns.

    The trial judge, Justice Haleeman Salman, in his short ruling dismissed the submission of the defence counsel, saying that the Chief Medical Director of the University of Ilorin Teaching Hospital (UITH) has no authority to order a ballistic examination of the wounds on the suspects’ legs.

    “This is outside the power of the CMD of UITH and I agree with this. This application is tantamount to attempts to delay the dispensation of this case. The application is hereby dismissed,” the Judge ruled.

    Read Also: Offa robbery: Court refuses post-mortem of dead suspect

    During the continuation of proper hearing of the case after a short adjournment, the defence counsel further submitted that the combined effects of the prolonged detention of the accused spanning six months without arraignment “as facts can show is enough torture itself which goes against constitutional provisions.

    “The implications of this weaken the accused emotionally; the prosecution cannot precisely tell when the accused were arrested or taken to Abuja. This leaves us with no option than to conclude that the prosecution was lying.

    “There is no medical report to show that Michael Adikwu died of natural causes. This shows that the prosecution is lying. There is a consistent story line by the 1st, 2nd, 3rd and fifth accused that from the day of their arrest they have been under torture.

    “In the light of all this fact, it is difficult to conclude that whatever statement wherever it was obtained provided it occurred during the currency under the custody of the police was never voluntary. It was a statement that was given to stay alive.”

    The defence counsel further argued that the contents of the medical report earlier tendered and admitted in evidence by the court “gives credence to the story line that the (accused persons) confessional statement was obtained under duress and that the crux of the matter that makes the admissibility of the confessional statements impossible.”

    Responding, Beki said that the medical examination report showed that “the evidence of the prosecution witness in the trial- within- trial is credible, having not been discredited in any way. I urge the court to admit the evidence of prosecution witness.

    “Metallic is not same as bullet pellet. The doctor said that if it were to be gunshot despite being healed, it would have shown. We urge Your Lordship to admit these statements. “

    Justice Salman however, adjourned ruling on the admissibility of the accused confessional statement to a later date.

    She also adjourned continuation of hearing to May 2, 2019.

  • Court restrains NBA from suspending Ikorodu branch chairman

    An Ikeja High Court on Friday restrained the Nigerian Bar Association (NBA) from suspending the Chairman of its Ikorodu Branch, Bayo Akinlade.

    Justice Babajide Candide-Johnson granted an injunction restraining the NBA from taking such a step against Akinlade.

    Justice Candide-Johnson granted the injunction while ruling in a motion exparte filed by Mr Femi Falana (SAN), counsel to Akinlade.

    Other defendants in the matter are the registered trustees of the NBA and the acting Chairman of the Ikorodu Branch of the NBA, Ezekiel Ogbaide.

    In the motion exparte before the court, the applicant had sought among others, an order of interim injunction restraining the defendants from acting on his purported suspension as the Chairman of the branch on March 28 pending the determination of the motion on notice.

    Justice Candide-Johnson in his ruling said “I hold that this present case is covered by the case law of 7up Bottling Company vs Abiola and Sons Nigeria Limited.

    Read Also: Court remands Inspector charged with murdering Kolade Johnson

    “The motion exparte dated April 2 succeeds, the interim injunction is hereby granted as order as prayed.

    “The lifespan of the interim injunction granted this Friday, April 5, 2019 shall operate until midnight of April 12, 2019.

    “Substantial hearing of the motion on notice is fixed for Tuesday April 16, 2019″, the trial judge ruled.

    Akinlade was suspended on March 28 during the National Executive Council (NEC) Meeting of the NBA.

    He was alleged to have flouted an order from the national body of the NBA to halt the March 15 bye-election of the branch.

  • Court remands Inspector charged with murdering Kolade Johnson

    An Ebute Meta Magistrates’ Court, Lagos, on Friday remanded till May 6, a dismissed Police Inspector, Olalekan Ogunyemi, charged with murdering a football fan, Kolade Johnson.

    Magistrate A.O. Salawu remanded Ogunyemi at Ikoyi Prisons, pending advice from Lagos State Director of Public Prosecutions (DPP).

    The court’s order was sequel an application by the police.

    Ogunyemi, 45, of No. 17, Alhaji Ede Street, Igando, was docked on a one-count charge of murder.

    Prosecuting Inspector Kehinde Olatunde told the court that the defendant committed the offence on March 31, at about 5:10pm, at Onipetesi Estate, Idi-Mangoro, Lagos.

    He alleged that Ogunyemi, who served in the Anti Cultism Unit of Lagos State Police Command, shot Johnson, a 36-year-old father of one, to death, with his Ak47 rifle.

    Read Also:  Police Inspector who killed Kolade Johnson dismissed

    The offences, the prosecutor said contravened Section 223 of the Criminal Law of Lagos State, 2015.

    Olatunde informed the court that he had a remand application order by the police to remand the defendant for the next 30 days.

    The plea of the defendant was not taken by the court, because magistrates’ court don’t have jurisdiction to try a charge of murder.

    But the defendant’s counsel, Sola Adeyemi, opposed the 30-day remand request.

    Adeyemi prayed the court to instead remand the defendant for the next 14 days.

    In a bench ruling, Magistrate Salawu upheld the prosecutor’s application and adjourned till May 6.

  • Akingbola: Court to rule April 18 on documents’ admissibility

    The Federal High Court in Lagos Friday adjourned till April 18 for ruling on the admissibility of documents sought to be tendered in the trial of defunct Intercontinental Bank Plc Managing Director/Chief Executive Officer Dr Erastus Akingbola.

    The Economic and Financial Crimes Commission (EFCC) sought to tender through its third witness, Uyoyou Ewhe, an Access Bank official, statements of certain accounts domiciled in the bank.

    Prosecuting counsel Rotimi Jacobs (SAN) said he called Ewhe to tender the documents because the intended witness who was to tender them had left the bank and the country.

    Defence counsel Chief Woke Olanipekun (SAN) opposed the application.

    According to him, the documents were freshly sourced when it is the law that before a criminal case is initiated, investigations must have been concluded.

    “The prosecution was sourcing for evidence two days ago in a trial that started 10 years ago,” Olanipekun said.

    Citing a 1965 case of Enahoro and the Queen, Olanipekun contended that the prosecution could not substitute a witness.

    “You cannot substitute a witness in a criminal proceeding; substituting a witness amounts to sourcing for evidence contrary to the decision of the Supreme Court in the celebrated case of Enahoro against the Queen of 1965.

    “If you don’t have your witnesses, you don’t have your witnesses; you cannot substitute witnesses,” he said.

    He urged the judge not to admit the documents on the basis that they emanated from Access Bank, which he said was an interested party in Akingbola’s trial.

    “Section 83 of the Evidence Act prohibits admissibility of this type of document. We have addressed Your Lordship on the interest of Access Bank in this matter, which is undisguised.

    “This witness, the maker of this document, is an official of Access Bank. Put succinctly, this document is an Access Bank document.

    “I dare say, the documents were made as a result of evidence already given, maybe to patch up the evidence; it is a natural consequence which the court is called upon to assume.”

    But, Jacobs said the question of substituting a witness did not arise.

    He said even if it arose, the prosecution was not limited to the list of witnesses in the proof of evidence originally filed.

    He said the Supreme Court did not decide that witnesses cannot be changed in the case of Enahoro, which Olanipekun cited.

    Jacobs said by virtue of the Administration of Criminal Justice Act, the prosecution was at liberty to file additional evidence any time before judgment even if freshly made.

    He added that the documents were old statement of accounts of 1990.

    “It is just the letter covering the documents and the certificate showing compliance that are new. It is new bottle with the old wine,” Jacobs said.

    He stressed that the documents were relevant to the case.

    EFCC said Akingbola, between November 2007 and July 2008, “caused to be created a

  • Herbalists remanded for being in possession of coffin

    An Ilorin Magistrates’ Court on Friday ordered that two herbalists be remanded in prison for allegedly being in possession of a coffin wrapped with white cloth which contained dangerous charms prepared for money ritual.

    The police charged Adewole Bashiru and Owuoade Olabisi with being in possession of criminal charms and Advance fee Fraud.

    Magistrate Aminat Shittu who ordered that Bashiru and Olabisi be remanded in Okekura Prison Yard, Ilorin, adjourned the case until April 12 for further mention.

    The Police Prosecutor, Insp. Sanni Abdullahi informed the court that the accused persons were arrested with in a Mazda car with registration number LND 451 CF with a coffin on Unity road, Ilorin.

    Read Also: Court disqualifies Ogboru as APC governorship candidate

    Abdullahi also said that the two calabashes were filled with black soap, cowries and other fetish charms were seized from the accused.

    He said that during interrogation, the accused persons confessed that they “prepared” the coffin for their customer, Wabi Amodu who paid N3.3 million.

    The offence, he said, contravened the provisions of sections 97 and 217 of the Penal Code Law and Sections 3(1) of Advance fee Fraud and Other related Offences 2006.

    After the charges were to them, they pleaded not guilty.

    Abdullahi, then prayed the court to remand the accused persons in prison custody pending the outcome of investigation.

  • Court disqualifies Ogboru as APC governorship candidate

    A Federal High Court in Asaba, Delta State, has nullified the September 30, 2018 governorship primaries of the All Progressives Congress (APC) which produced Great Ogboru as its candidate.

    The plaintiff, Victor Ochei, dissatisfied with the conduct of the primaries, approached the court seeking a cancellation of the primaries and its declaration as invalid.

    Ochei’s prayers, among others, included the invalidating the results of the primaries, and that the list of delegates was not that envisaged by the consent judgment. He also sought a declaration that the aspirant did not get any advanced list of delegates prior to the primaries.

    Justice Nnamdi Dimgba ordered the cancellation of the APC governorship primaries that produced Chief Great Ogboru. He said four of the five reliefs sought by the plaintiff succeeded while relief four was not granted due to the effusion of time.

    He said: “All the reliefs sought in this suit are similar to those for which Justice Adegoke pronounced judgment on. So we grant reliefs 1,2,3,5. But relief four is rejected because the governorship election is over and the relief is spent.”

    In arriving at the judgment, Justice Dimgba said the Federal High Court has one jurisdiction and so cannot be seen giving discordant judgments.

    He said: “Having considered the decisions reached by the Federal High Court in the case of Cyril Ogodo which has similar reliefs, and the fact that some of the defendants in this suit are the same, the court has decided to follow the decisions arrived at in the Ogodo case.”

  • Man docked for stealing snails, onions, rice

    A 48-year old man, Osazee Benjamin, has been arraigned before an Oredo Magistrate Court for stealing items such as snails, rice, onions, groundnut oil, tomatoes and beans at the Oba Market in Bénin City.

    Benjamin was said to have stolen the items worth N220,000 between February 22 and April 1st 2019.

    Police Prosecutor, Inspector Patrick Agbonifo, told the court the offences were punishable under Section 390 and 340 of the Criminal code cap 48 vol II Laws of the defunct Bendel State of Nigeria.

    Inspector Agbonifo said suspected stolen items such as braziers, children slippers, wrist watches, spaghetti were found on the accused person.

    Read Also: Court remands two men for raping family friend’s daughter

    Benjamin, however, pleaded not guilty to the six-count charges preferred against him.

    Presiding Magistrate, Mrs. Ivie Akere, granted the accused bail to the sum of N50,000 or a surety in like sum who must be a family member.

    She adjourned the case to April 10 for trial.

  • Updated: 9mobile:Court nullifies sale of Etisalat

    A Federal High Court in Abuja has set aside the sale of telecommunication firm, Etisalat International Nigeria Limited (9mobile) to Teleology Nigeria Limited.

    Justice Binta Nyako, in a ruling, voided all steps taken in relation to the exchange of ownership of Etisalat despite pending orders for maintenance of status quo, restraining parties to a suit, involving investors and other stakeholders in the company, from destroying the res (subject matter).

    Justice Nyako, who noted that parties were all aware of the existence of the suit, the defendants having been served between April 24 and 27, 2018 with the originating process, faulted the sale, as claimed by the plaintiffs in a motion filed on November 16, 2018

    The judge held: “Any action that has been taken concerning the rest of this litigation from the 25th day of April, which is earlier in time, should revert to the position, as of the res, to its 25th day of April 2018.”

    The ruling, given on April 1, 2019 (a copy of which was sighted on Thursday) was in a suit, marked: FHC/ABJ/CS/288/2018 filed on April 6, 2018 by two major investors in Etisalat, Afdin Ventures Limited and Dirbia Nigeria Limited.

    Afdin and Dirbia, whose investments in Etisalat is estimated at $43,033,950, had sued to retrieve their investments on the grounds that they were aggrieved, having been excluded from the decision making process of the company.

    Defendants in the suit are: Karington Telecommunication Ltd, Premium Telecommunications Holdings NV, First Bank of Nigeria Plc, Central Bank of Nigeria, Etisalat International Nigeria Ltd and Nigeria Communication Commission (NCC).

    The plaintiffs stated, in a supporting affidavit to the motion dated November 16, 2018, that they resorted to praying the court to void the sale of Etisalat, upon learning that the defendants have proceeded to conclude the transfer the company’s ownership despite the restraining orders made earlier by the court.

    Read Also: Court warns CBN, NCC on Etisalat

    They said: “In 2009, the plaintiffs/applicants purchased a total of 4,303,391 class “A” shares from the 1st, 2nd and 5th defendants (Karlingtton, Premium Telecommunication and Etisalat International) at the rate of $43,033,950 only, and were issued with share certificates.

    “In 2010, the defendants rebranded Etisalat Nigeria Limited to 9mobile and entered into negotiations with Smile.com and Glo Network to transfer its licence without recourse to the plaintiffs.

    “When the plaintiffs became aware of the purported transaction, they filed this suit along with two applications namely: motion ex-parte and motion on notice, seeking for an order of injunction to restrain the defendants from going ahead with the transaction.

    “When this suit came up for hearing on the 17th of April, 2018, this honourable court ordered parties to maintain status quo-pending the determination of the motion on notice.

    “Notwithstanding the aforementioned order, the defendants continued negotiations with

  • Man impersonates Adeboye, Olukoya, T.B. Joshua to defraud Nigerians

    The police in Lagos on Wednesday arraigned a 27-year-old businessman, Yusuf Atanda, charged with impersonating Pastor Enoch Adeboye and two other church general overseers to defraud members of the public.

    According to the police, Atanda created fake facebook accounts of Adeboye of the Redeemed Christian Church of God, Pastor D.K. Olukoya of Mountain Of Fire and Miracle Ministry, and Pastor T.B. Joshua of the Synagogue Church of All Nations to dupe people.

    The defendant, who resides at Okokomaiko, Lagos, is being tried for cyber crime before Magistrate M.O Tanimola in Ikeja.

    Atanda, however, denied committing the offence, and was admitted to bail in the sum of N100, 000 with two sureties in like sum.

    Tanimola said that the sureties should be gainfully employed and show evidence of two years’ tax payment to the Lagos State Government.

    The Prosecutor, Insp. Aondohemba Koti, told the court that the defendant committed the alleged offence in October 2018 at Okokomaiko.

    Read Also: Adeboye’s secretary, Pastor Olorunnimbe dies at 60

    He added that the defendant used the names of the three general overseers on the internet without their consents.

    “Atanda created a fake facebook account of Pastor E.A Adeboye of Redeemed Christian Church of God, Pastor D.K Olukoya of Mountain Of Fire and Miracle Ministry and Pastor T.B Joshua of Synagogue Church of All Nations.

    “He posed as the pastors and sent electronic messages to the public to deposit either N1, 000 or N2, 000 into a bank account to get N3, 000 or N5, 000, respectively, in four days.

    “If they pay and it is four days, he will block the persons’ numbers so they would not be able to reach him anymore.

    “Upon receipt of a written petition from one of the complainant’s legal counsel, the police swung into action, and the defendant was tracked and arrested.

    “The amount of money the defendant got from over 100 members of the public was yet to be ascertained,” the prosecutor said.

    The alleged offence violates Section 20 (1) of Cybercrime (Prohibition and Prevention) Act, Law of Federation, 2015.

    The case was adjourned until April 17 for mention.

  • Court to hear advertising firm’s suit May 8

    The Federal High Court in Lagos will on May 8 hear pending applications in a suit by an advertising firm, Mediaworth Ltd, against a multinational advertising firm, JCDecaux Nigeria Outdoor Advertising Limited.

    Mediaworth sued JCDecaux for allegedly hijacking its approved outdoor site.

    Through its counsel Bolu Agbaje Akadri, the plaintiff is claiming over N1 billion damages for alleged disruption of its business.

    It accused the Lagos State Signage and Advertising Agency (LASAA) of revoking the approval given to it in 2012 and giving the business site to JCDecaux.

    The firm said after it struggled to secure the approvals of both LASAA and the Federal Government, it mobilised resources for the project execution, adding that it began an annual payment of N2 million to the Federal Government in 2012 even when the business had yet to take off.

    Mediaworth said it had invested over N150 million while still indebted to its technical partners to the tune of $100,000 when the site was revoked.

    The plaintiff claimed that the site that was illegally hijacked from it under nebulous guise of public safety was handed over to JCDecaux to build an LED board similar to what Mediaworth was erecting before its demolition.

    Akadri said his client’s failure to execute the project led to 22 members of its staff being sent to the unemployment market.

    The plaintiff alleged that the defendants trampled on its rights and that the foreign firm is reaping from where it did not sow.