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Tag: Court

  • Breaking: Court sacks Delta North senator-elect, Nwoboshi

    The Federal High Court Abuja on Wednesday, sacked Sen. Peter Nwaoboshi, the senator-elect for Delta North Senatorial District.

    Justice Ahmed Mohammed gave the order while delivering judgment in a suit filed by Mr Ned Nwoko challenging the election of Nwaoboshi as the candidate of the Peoples Democratic Party in the Oct. 2, 2018 primaries of the party held in Delta.

    The court held that Nwaoboshi, a serving senator, was not the duly elected candidate of the PDP in the primary election.

    Justice Mohammed ordered the Independent National Electoral Commission (INEC) to publish the name of Nwoko as PDP candidate, having established before the court that he scored the highest number of votes in the said primary election.

    The court also barred Nwaoboshi from parading himself as the candidate of the PDP for the senatorial zone.

    Nwoko through his counsel, Mr Ahmed Raji, SAN, had dragged INEC, the PDP and the Nwaoboshi to court praying for an order to prohibit the electoral body from publishing the name of Nwaoboshi as the candidate for Delta North Senatorial District.

    He also asked for a separate order compelling PDP to forward his name to INEC as the authentic candidate of the PDP for the senatorial area.

    In his suit predicated on seven grounds, 20 paragraphs affidavit evidence and five exhibits, Nwoko claimed that he was screened and cleared to contest the primary election by the PDP electoral committee.

    He also claimed that at the end of the election, he scored 453 votes to beat Nwaoboshi to second position who scored 405 votes while another contestant, Paul Osaji came third with 216 votes.

    Nwoko told the court that he was surprised that the PDP jettisoned the result of the primary election and forwarded the name of Nwaobosi to INEC as its candidate for the senatorial district.

    He further alleged that all efforts to redress the injustice through the PDP appeal panel proved abortive.

    Read Also: NJC concludes probe of Onnoghen, Muhammad, silent on findings

    In their defence, the three respondents; INEC, PDP and Nwaoboshi urged the court to dismiss the suit on the grounds that it was not filed within time allowed by law.

    They said that based on that ground, the suit was state barred and also constituted an abuse of court process, the plaintiff having filed a similar suit at the FCT High Court which was struck out upon its withdrawal.

    Justice Mohammed after reviewing the claims and counter claims of parties, held that the case of the plaintiff was not status barred and did not also amounted to forum shopping as alleged by the defendants.

    The judge held that Nwoko was entitled to his claims and prayers having established that he emerged victorious in the PDP Delta North Senatorial primary election of Oct. 2, 2018

  • Managing Director charged with alleged theft of N741, 777

    The Managing Director of R.A. One Enterprises, Rotimi Omolekan, was Tuesday brought before an Igbosere Magistrates’ Court in Lagos for an alleged theft of N741, 777.

    Omolekan, 44, was arraigned by the police before Mr B.I. Bakare on a two-count charge of obtaining credit facility under false pretence, stealing and issuance of a dud cheque.

    Prosecuting Inspector Ingobo Emby alleged that the defendant committed the offences sometime in June 2013, at Projects Micro Finance Bank on 61, Marina Street, Lagos Island.

    The court heard that the defendant applied for a credit facility of N741, 777 in 2013 from the bank under guise of repaying the loan at a stipulated time.

    The defendant allegedly failed to repay the loan but issued a cheque for N354, 960 to the bank as part payment for the loan.

    Read Also: Managing Director’s trial for ‘cloning SON logo’ begins May 7

    The cheque was rejected on presentation at the bank due to insufficient funds in the defendant’s account.

    According to Emby, the offences contravened Sections 321(b) and 314(1) of the Criminal Law of Lagos State, 2015.

    Omolekan pleaded not guilty.

    Magistrate Bakare granted him N400, 000 bail with two sureties in the like sum, among other conditions.

    The case continues on April 18.

  • Court dismisses suits against Nwosu’s candidacy

    An Imo State High Court sitting in Owerri on Tuesday dismissed two Suits challenging the nomination of Uche Nwosu as the governorship candidate of the Action Alliance (AA) in the just concluded governorship election.

    The Court presided over by Justice Nzeukwu T. N, ruled that the suits with Suit No. HOW/21/2019 and HOW/135/19 lacked in merit.

    Read Also: I’m open to reconciliation with APC, says Nwosu

    The Court also held that the two plaintiffs, Sir Leonard Uzoma Okolienta and Ikoku Micheal Obinna lacked the locus standing to bring the action before the Court.

    It submitted that issues of nomination of candidates in political parties remain the internal affairs of the party.

  • Breaking: Court dismisses AAC’s suit against Rivers election

    A Federal High Court in Abuja has dismissed a suit by the African Action Congress (AAC) and one other, querying the propriety of handling of the last governorship and State Assembly elections in Rivers State, particularly as it relates to its announcement of the results, by the Independent National Electoral Commission (INEC).

    Justice Inyang Ekwo, in a judgment on Tuesday said the since the case was election-related, it was appropriate for the plaintiffs to take their case before an election tribunal.

    The Justice Ekwo declined jurisdiction and dismissed the case.

    The suit, marked FHC/ ABJ/CS/303/2019,has AAC, Engr Biokpomabo Festus Awara and Pastor (Dr.) Ben-Gurion John Peter as plaintiffs, with INEC and the People’s Democratic Party (PDP).

    Read Also: Supreme Court to hear appeals on Rivers’ APC’s dispute April 4

    The plaintiffs noted INEC had earlier admitted that the election in Rivers State was marred with substantial violence that compromised the credibility of the entire process, and thereby suspended the election.

    They added that without calling for a fresh election, INEC announced, via a press release, that it was now set to continue with the election from Wednesday, 20th March 20 19.

    Details shortly‎.

  • Updated: Court renews arrest warrant against Nollywood actress Monalisa Chinda

    A Lagos High Lagos in Igbosere on Monday renewed a bench warrant for the arrest of actress and producer, Monalisa Chinda Coker, over a tax evasion charge.

    Justice Adedayo Akintoye renewed the order for Coker’s arrest following her failure to appear in court for trial, allegedly since 2017.

    She adjourned further proceedings till June 5.

    When the case was called Monday, neither Coker nor her lawyer was present.

    Prosecution counsel Babatunde Sumonu told the judge that the bench warrant had yet to be effected.

    “The bench warrant is to continue,” Justice Akintoye held.

    The judge made the original order for Coker’s arrest last January 21, following an application by the Lagos State Ministry of Justice.

    The state alleged that Coker repeatedly failed to honour a court summons.

    The application for her arrest flowed from a two-count charge accusing Coker of failure to file annual tax returns and pay income tax in respect of her company, Monalisa Code Productions, for six years.

    Monalisa Code Productions carries on its business from Lekki in Lagos.

    On January 21, prosecution counsel, Y. A. Pitan told Justice Akintoye that Coker had not appeared in court since 2017, when the charge was filed against her.

    “The defendant has been served with hearing notice. The proof of service is in the court’s file,” Pitan said, while making an application for the bench warrant.

    Granting the application, Justice Akintoye adjourned further proceedings till February 2.

    But on February 2, the court heard that the bench warrant had yet to be effected.

    It ordered that the warrant should continue and adjourned till Monday.

    Count one of the charges, marked LD/5712c/2017, reads in part: “Failure to furnish and file annual tax returns for the purpose of personal income taxation with the Lagos State Internal Revenue Service (LIRS) contrary to Section 94(1) of the Personal Income Tax Act 2004 (as amended).”

    The particulars of the count stated that Coker “of Monalisa Code Productions, being a taxable person in Nigeria and carrying on business at… Lekki… failed to furnish and file tax returns on your personal income for the years 2011 to 2016.”
    Count two reads: “Failure to pay income tax contrary to Section 56 of the Lagos State Revenue Administration Law of 2006.”

  • Court gives Evans last chance to get a lawyer

    An Ikeja High Court on Friday gave suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike alias Evans till May 10 to get a counsel to defend the criminal charges against him.

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

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

    The judge gave the warning following the third consecutive absence of Evans’ lawyer, Mr Olanrewaju Ajanaoku.

    Ajanaoku, who skipped the last proceedings over issues of unpaid legal fees, had earlier informed the court, through a letter, that Evans’ family was yet to perfect their brief, in terms of financial commitment.

    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 Friday’s proceedings, Chief State Prosecution Counsel, Adebayo Haroun, prayed the court to invoke Section 233 (3) of the Administration of Criminal Justice Law (ACJL) which empowers the court to appoint a counsel for the defendant.

    Haroun said: “Where the defendant fails to secure legal representation, the court has the discretion to order the legal aid counsel to provide a representation for the first defendant, Evans.

    “This is the third adjournment taken at the instance of the first defendant. So, we urge Your Lordship to invoke Section 233 of the ACJL if the defendant fails to provide a counsel on the next adjournment.”

    The prosecutor also informed the court that his witness, a police officer, Inspector Idowu Haruna, attached to the Inspector-General of Police (IGP) Intelligence Response Team (IRT), was present to resume his evidence.

    Read Also: Court gives Evans last chance to get a lawyer

    Responding, Justice Taiwo warned Evans of the consequences of his failure to get a new counsel.

    Justice Taiwo said, “I have told you (referring to Evans) the options; defend yourself, get a new counsel or I’ll appoint a legal aid counsel for you.

    “This case is not just for you, there are other defendants involved. Therefore, the liberty of the second, third, and fourth defendants, who also demand justice, is also at stake. And justice delayed is justice denied.

    “In the circumstances, I’ll adjourn this matter till May 10 and the first defendant must provide a counsel.

    “However, in the absence of the counsel for the first defendant, on the next adjourned date, this court will invoke Section 233 (3) of the ACJL and order the representation of the legal aid counsel for him,” the judge said.

  • Breaking: Court dismisses suit seeking to remove Oba of Lagos

    An Ikeja High Court has dismissed a suit seeking to oust Rilwan Akiolu, as the Oba of Lagos.

    Justice A. Candide-Johnson held that the claimants, Prince Adedoyin Adebiyi and Prince Rasheed Modile, two members of the Lagos royal family, failed to prove their case.

    Details shortly…

  • Surety jailed 2 months over missing defendant

    An Iyaganku Magistrates’ Court sitting in Ibadan on Friday sentenced one Goddy Nwode, 45, to two months imprisonment for failure to produce the woman he stood surety for.

    The Magistrate, Mrs Mercy Amole-Ajimoti, ordered that Nwode should spend two months in Agodi prison for perversion of justice.

    ” He is sentenced to two months imprisonment for his failure to produce the defendant in court and trying to pervert the cause of justice following three adjournments, ” the magistrate said.

    Read Also: Court sentences man to 12 years in prison for kidnapping women in Ekiti

    She, however, gave him an option to pay N25, 000 as fine in lieu of the bail bond he entered.

    The News Agency of Nigeria (NAN) reports that Nwode stood in as surety to one Angela Awoke,38, in a case of unlawful assault.

    According to the prosecutor, Insp Sunday Ojeleye, Awoke allegedly assaulted one Margaret Zakariah by tearing her cloth and pouring water on her while arguing over N150 change.

    Ojeleye said the defendant committed the offence on Sept. 2, 2018 at 7:30p.m. at Podo area of Ibadan.

    The offence, the prosecutor said, contravened Section 355 of the Criminal Laws of Oyo State, 2000.

  • Court sentences man to 12 years in prison for kidnapping women in Ekiti

    An Ado-Ekiti High Court on Friday sentenced an unemployed man, Olumide Ogunrinde to 12 years in prison for kidnapping.

    Justice Cornelius Akintayo sentenced the convict after the court had listened to to the arguments and submission of both prosecution and defence counsel.

    The court however, dismissed the convict of murder and armed robbery.

    Ogunrinde is charged with 11 counts of conspiracy, murder, kidnapping and armed robbery.

    He pleaded not guilty to the charge.

    Read Also: Court dismisses suit challenging Adamawa gov’ship election

    According to the charge sheet, the incident occurred between May 3, 2015 and May 15, 2015 at Epere Ekiti, Ido Ekiti, Ipere Ekiti, Ado Ekiti, Eyio Ekiti etc.

    The victims who testified in court, alleged that they were kidnapped on Ido-Ilogbo Ekiti road and taken to an unknown place.

    To prove his case, the Prosecutor, Mr Idowu Adelusi called five witnesses while the defence called for witnesses.

  • Court dismisses suit challenging Adamawa gov’ship election

    The Adamawa State High Court sitting in Yola has dismissed a suit asking it to nullify the governorship election in the state.

    The case failed because the plaintiff tendered documents not properly certified and because he failed to prove his case by not tendering a document that was vital for the determination of the case, the trial judge, Justice Abdulaziz Waziri, ruled Friday morning.

    The candidate of the Movement for the Restoration and Defence of Democracy (MRDD), Rev Eric Theman, represented by his counsel, Bar Mustapha Ibrahim, had gone before the court to allege that he was deprived the right to be voted for in the March 9 election because the logo of his party was not on the ballot paper even after he had been recognised as a gubernatorial candidate.

    But the judge said the plaintiff failed to tender the ballot paper indicating that the logo of his party was omitted from it.

    “The fundamental document that would have proved the point was never brought before this court. The burden of proof lies on the plaintiff. This burden was not properly discharged,” he said, stressing that the reliefs sought by the plaintiff had therefore failed.

    Justice Waziri advised him or any other party wishing to appeal the judgement to do so within 90 days at the Yola Division of the Court of Appeal.

    The judgment of the court came Friday morning, hours after the state supplementary gubernatorial election was concluded and Rt Hon Umaru Fintiri of the Peoples Democratic Party (PDP) declared winner, having scored the highest votes in both the March 9 main election and the Thursday return