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Tag: Court

  • Breaking: Appeal Court orders retrial of NIMASA, NLNG levies case

    The Court of Appeal in Lagos has set aside a Federal High Court judgment which exempted the Nigeria LNG Ltd from levies imposed on it by the Nigerian Maritime Administration and Safety Agency (NIMASA).

    In a unanimous judgment, a three-man panel of the appellate court led by Justice Garuba Lawal held that the lower court erred.

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    The Justices returned the 2013 case to the lower court and ordered that the case be re-assigned to another judge for retrial.

    Details shortly…

  • Court orders IPOB leader Kanu’s arrest

    Federal High Court in Abuja has issued a bench warrant for the arrest of the Indigenous People of Biafra (IPOB) leader Nnamdi Kanu.

    The court gave the order because the IPOB leader has failed to attend court since April 25, 2017, without any reasonable explanation.

    In a ruling yesterday, Justice Binta Nyako, also directed that his trial on charges of treasonable felony should proceed in his absence.

    Relying on the provision of Section 352(4) of the Administrative of Criminal Justice Act (ACJA) 2015, Justice Nyako agreed with the prosecution, led by Magaji Labaran, that Kanu has consistently failed to appear in court since April 25, 2017, without any reasonable explanation.

    The judge, who rejected the objection by Kanu’s lawyer, Ifeanyi Ejiofor to Labaran’s oral application for the IPOB leader’s arrest, noted that she had, in an earlier judgment on a civil suit filed by Kanu, held that there was no nexus between the reported military invasion of Kanu’s community and his disappearance.

    Justice Nyako noted that Kanu has violated the conditions and terms of the bail granted him.

    She recalled that after the defendant was granted bail on April 17, 2017, the following proceedings of July 11, 2017 could not hold due the court’s vacation.

    The judge further noted that on October 17, 2017, Kanu also failed to appear in court with his lawyer saying that the defendant absence from court was caused by the invasion of his home in Abia State by soldiers.

    According to her, the three persons who guaranteed his bail, have applied to the court to withdraw their suretyship, because they could not account for his whereabouts.

    Justice Nyako observed that on March 28, last year, 2018, Kanu’s trial was separated from that of his four other co-defendants in order to avoid delays of the other persons’ trial.

    Read also: Cleric hails Kanu for calling off boycott

    The judge recalled that, on November 14, last year, she ordered that the sureties should temporarily forfeit their N100 million bail bonds or produce Kanu in court.

    She added that since when Kanu’s trial was separated from that of others, there were four court sessions that held and were adjourned without Kanu attending any.

    The judge stressed that proceedings must end one way or the other, adding: “I have given the counsel for the defendant more than enough time to produce him in court.

    “Therefore, by virtue of section of section 252(4) of the Administration of Criminal Justice Act, 2015, the only option open to do is to order that the trial will continue in his absence.

    “Also in the absence of any reasonable explanation for his absence, I hereby revoke his bail and order that a bench warrant be issued for his arrest.”

    The judge fixed June 18 for the commencement of  trial with or without Kanu in court.

    Justice Nyako, however, adjourned indefinitely, the proceedings in relation to Kanu’s sureties, who have applied to withdraw their suretyship.

    The judge ordered the indefinite adjournment after lawyer to one of the sureties, Senator Enyinnaya Abaribe, Chukwuma-Machukwu Ume (SAN), informed the court that his client has appealed the November 14, 2018 ruling ordering the sureties to forfeit their bail bonds.

     

     

  • Court remands man over taxi driver’s death

    An Igbosere Magistrates’ Court yesterday remanded in prison Ikechukwu Ozurumba, who was charged with killing a taxi driver.

    Magistrate O. O. Oshin‘s order followed Ozurumba’s arraignment by the Federal Special Anti-Robbery Squad (FSARS), Adeniji-Adele, Lagos.

    Ozurumba, 29, and Chima Chukwuemeka, 34, were arraigned on a five-count charge of murder, theft and accessory after the fact.

    They were also accused of stealing the taxi driver’s Toyota Camry car valued at N1.5 million.

    Prosecuting counsel A. O. Fadipe alleged that the duo committed the offence last December 26 in Festac Town and Okokomaiko, Lagos.

    He said Ozurumba, conspired with one Kelechi (aka Sunshine), still at large, and killed a Taxify driver, Olufemi Ebenezer.

    Fadipe alleged that they hit Ebenezer, who hailed from Akoko in Ondo State, with tools, resulting in his death.

    He said Ozurumba dumped the body at Jimoh Street, Okokomaiko, Lagos.

    The prosecutor said the defendant also made away with the victim’s car marked SMK-980 FM.

    He said the second Chukwuemeka, “with the knowledge that the first defendant committed an offence, accommodated him, to prevent his arrest by the police.”

    The offences also violate Section 233 of the Criminal Law of Lagos State, 2015.

    Read also: Appeal Court okays Fayemi’s election

    Ozurumba’s plea was not taken, because the court had no jurisdiction to entertain the charge.

    But Chukwuemeka pleaded not guilty to the charge of accessory after the fact.

    The defendants’ counsel, Mr. Francis Agaoro, prayed the court to grant Chukwuemeka bail, because the charge “is a bailable offence.”

    But Fadipe prayed the court to remand the defendants.

    He said Chukwuemeka was charged under the Robbery and Firearms Act, which falls under the jurisdiction of the high court.

    Ruling, Magistrate Oshin remanded Ozurumba, pending advice by Lagos State Director of Public Prosecution (DPP) and granted Chukwuemeka N250, 000 bail.

    The case continues on May 28.

     

  • Alleged $40m fraud: Court to decide Jonathan’s cousin fate May 27

    A Federal High Court in Abuja has scheduled judgment for May 27 in the trial Robert Azibaola, said to be a cousin to former President Goodluck Jonathan, on charges of money laundering.

    Justice Nnamdi Dimgba chose the date on Thursday after lawyers to the prosecution and defence adopted their final written addresses.

    Azibaola is being tried on a two-count charge, filed by the Economic and Financial Crimes Commission (EFCC).

    He is charged with a firm, One Plus Holdings Nigeria Limited, over allegation that he received $40million from the detained former National Security Adviser, NSA, Sambo Dasuki, retd, without any contract agreement.

    The prosecution, on January 23, 2017, closed its case after calling ten witnesses, following which Azibaola, who denied any wrong doing, testified in person and called a witness, Iyeryfama Jaja.

    The defence closed its case on February 6 after calling two witnesses – Aziboala and Jaja.

    On Thursday, Sylvanus Tahir (for the prosecution) and Chris Uche, San, (for the defence) adopted their final written addresses, following which Justice Dimgba adjourned for judgment.

    It is the prosecution’s case, in the charge marked FHC/ABJ/CR/ 113/2016, that Aziboala, while being the Managing Director/Chief Executive Officer (MD/CEO) and a signatory to the Zenith Bank account of One Plus Holdings Nig Ltd, on or about September 8, 2014, took possession and converted the $39, 999, 958 out of the $40million, and transferred same to the domiciliary account of One Plus Holdings Nig Ltd with Zenith Bank Plc Account No. 5070365750.

    It said the 40m was released from an account the Office of the National Security Adviser operated with the Central Bank of Nigeria, upon a transfer mandate Ref. No. 128/S.5LX/139, on the guise that it was meant for the supply of Tactical Communication Kits for Special Forces.

    The prosecution added that the defendants reasonably ought to have known that the fund was part of the proceeds of an unlawful activity by Dasuki, adding that they had by their action, committed an offence contrary to section 15(2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under section 15(3) and (4) of the same Act.

    Earlier, on March 29, 2018, the court partially upheld a no-case-submission made by the defence and struck out seven out of nine counts originally contained in the charge, which had Aziboala, his wife, Stella, and the firm as defendants.

    The court discharged and acquitted Aziboala’s wife on the premise that the prosecution failed to establish a prima facie criminal charge against her.

    In his defence, Aziboala has consistently maintained that the money, okayed by the Nigeria National Petroleum Corporation (NNPC), was deployed to solve oil bunkering and pipeline destruction in the Niger Delta region.

    He told the court that the federal government, perturbed by the level of oil bunkering and the vandalization of oil facilities in the region, which he said drastically disrupted oil output and reduced the nation’s cash inflows, engaged his firm to implement strategies he said brought such economic sabotage to an end.

    Aziboala said the “assignment” that was handed to him through the ONSA, was discreetly executed, insisting that it achieved the desired result.

  • Court remands man for Taxify driver’s death

    An Igbosere Magistrates’ Court in Lagos Thursday remanded in prison custody, Ikechukwu Ozurumba, charged with killing a Taxify taxi driver.

    Magistrate O. O. Oshin made the order following Ozurumba’s arraignment by the Federal Special Anti-Robbery Squad (FSARS), Adeniji-Adele, Lagos.

    Ozurumba, 29, was charged alongside Chima Chukwuemeka, 34, on a five-count charge of murder, theft and accessory after the fact.

    They were also accused of stealing the taxi driver’s Toyota Camry car valued at N1.5 million.

    Prosecuting counsel, Mr. A. O. Fadipe, alleged that the duo committed the offences on December 26, 2018, at about 6:15pm at Festac and Okokomaiko areas of Lagos.

    He said first defendant Ozurumba conspired with one Kelechi (a.k.a Sunshine) still at large, and killed Taxify driver, Olufemi Ebenezer.

    They allegedly hit Ebenezer, who hailed from Akoko in Ondo State, with some tools, resulting in his death.

    Fadipe said after killing Ebenezer, Ozurumba dumped his body on Jimoh Street, Okokomaiko, Lagos.

    According to the prosecutor, the defendant also made away with the victim’s car marked SMK-980 FM.

    He said second defendant, Chukwuemeka, “with the knowledge that the first defendant committed an offence, gave him shelter to prevent his arrest by the police.”

    The court heard that the offences contravened Sections 1(2) (b) and 6(b) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation, 2004.

    They also offended Section 233 of the Criminal Law of Lagos State, 2015.

    Ozurumba’s plea was not taken, because the court had no jurisdiction to entertain the charge.

    But Chukwuemeka pleaded not guilty to the charge of accessory after the fact.

    The defendants’ counsel, Mr. Francis Agaoro prayed the court to admit Chukwuemeka to bail, because the charge “is a bail able offence.”

    But Fadipe opposed him and prayed the court to remand both defendants.

    He said Chukwuemeka was charged under the Robbery and Firearms Act which falls under the jurisdiction of the high court.

    In a bench ruling, Magistrate Oshin granted both applications in part.

    She remanded Ozurumba, pending the Director of Public Prosecution (DPP’s) advice and granted Chukwuemeka N250, 000 bail.

    The case continues on May 28.

  • Updated: Court orders arrest of IPOB leader, Kanu

    For failing to attend court since April 25, 2017, without any reasonable explanation, a Federal High Court in Abuja has issued a bench warrant for the arrest of the leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu.

    Justice Binta Nyako, in a ruling on Thursday, also directed that his trial, on charges of treasonable felony should proceed in his absence.

    Relying on the provision of Section 352(4) of the Administrative of Criminal Justice Act (ACJA) 2015, Justice Nyako agrred with the prosecution, led by Magaji Labaran, that Kanu has consistently failed to appear in court since April 25, 2017, without any reasonable explanation.

    The judge, who rejected the objection by Kanu’s lawyer, Ifeanyi Ejiofor to Labaran’s oral application for the IPOB leader’s arrest, noted that she had, in an earlier judgment on a civil suit filed by Kanu, held that there was no nexus between the reported military invasion of Kanu’s community and his disappearance.

    Justice Nyako noted that Kanu has violated the conditions and terms of the bail granted him.

    She recalled that after the defendant was granted bail on April 17, 2017, the following proceedings of July 11, 2017 could not hold due the court’s vacation.

    The judge further noted that on October 17, 2017 Kanu also failed to appear in court with his lawyer saying that the defendant absence from court was caused by the invasion of his home in Abia State by soldiers.

    She said the three persons, who had guaranteed his bail, have applied to the court to withdraw their suretyship because they could not account for his whereabouts.

    Justice Nyako observed that on March 28, 2018, Kanu’s trial was separated from that of his four other co-defendants in order to avoid delays of the other persons’ trial.

    The judge recalled that, on November 14, 2018, she ordered that the sureties should temporarily forfeit their N100m bail bonds or produce Kanu in court.

    She added since when Kanu’s trial was separated from that of others, there were four court sessions that held and were adjourned without Kanu attending any.

    The judge stressed that proceedings must end one way or the other, and added, “I have given the counsel for the defendant more than enough time to produce him in court.

    “Therefore, by virtue of section of section 252(4) of the Administration of Criminal Justice Act, 2015, the only option open to do is to order that the trial will continue in his absence.

    “Also in the absence of any reasonable explanation for his absence, I hereby revoke his bail and order that a bench warrant be issued for his arrest,” she said.

    The judge fixed June 18 for the commencement of trial with or without Kanu in court.

    Justice Nyako however adjourned indefinitely, the proceedings in relation to Kanu’s sureties, who have applied to withdraw their suretyship.

    The judge ordered the indefinite adjournment after lawyer to one of the sureties, Senator Enyinnaya Abaribe, Chukwuma-Machukwu Ume (SAN), informed the court that his client has appealed the November 14, 2018 ruling ordering the sureties to forfeit their bail bonds.

  • Police arrest 22-yr-old man for beheading his brother in Jigawa over cattle

    The Police Command in Jigawa has arrested a 22-year-old man, Gambo Sa’idu of Badakoshi village in Gwaram Local Government Area, for allegedly beheading his brother during an argument over cattle.

    The command Public Relations Officer, SP Audu Jinjiri, who confirmed the incident to NAN in Dutse, said one Gambo killed his brother Haladu,40, using a cutlass.

    He explained that Gwaram Local Government police station received the report around 2. 45 p.m. on Wednesday in Badakoshi village in Gwaram Local Government Area of the state.

    Jinjiri said the police has visited the scene of the crime.

    “The suspect attacked the deceased in the bush while rearing cattle,” Jinjiri said.

    He explained that the deceased was confirmed dead by a medical doctor in Gwaram General Hospital.

    The spokesman added that preliminary investigation shown that the suspect allegedly killed his brother for possessing more cattle than him.

    “The suspect is also a drug abuser and is suspected to have committed the offence after taking some drug,” the spokesman said.

    He said that the case would be transferred to the State Criminal, Intelligence and Investigation Department in Dutse, for further investigation. 

  • Hotel gang-rape: Court rules on suspects’ bail April 29

    An Ikeja Domestic Violence and Sexual Offences Court will on April 29 rule on the bail application of two men charged with drugging and gang-raping a 24-year-old woman in a hotel in Lekki, Lagos.

    Justice Abiola Soladoye fixed the date after hearing the suspects’ application and the Lagos State Government’s opposition to the bail.

    The suspects, Don-Chima George, 25, and Olusegun Rasak, 28, pleaded not guilty to a two-count charge of conspiracy and rape on March 21.

    Deputy Director of Public Prosecution, Dr Jide Martins, told the court that George and Rasak, who are drop-outs of Babcock University, committed the offences on February 3 between 5am and 7am at Delankaster Hotels at Lekki Phase 1.

    While at a nightclub, the defendants allegedly spiked the complainant’s drink with a substance that rendered her unconscious.

    They allegedly took the complainant to George’s father’s hotel, raped her in turns while videotaping the sexual offence.

    According to the prosecution, the offences contravened Sections 258 and 409 of the Criminal Law of Lagos State, 2015

    At the commencement of proceedings on Wednesday, defence counsel, Mr Tunji Ayanlaja (SAN), via a March 12 summons for bail, applied for the defendants’ bail.

    He also noted that the prosecution had filed a counter-affidavit, objecting to the defendants bail application “because of the social status of the defendants’ parents.”

    Ayanlaja said: “The defendants have been in custody since February 6. The parents of the two defendants are in court and they are of good parentage. The parents will ensure their sons attend court proceedings.

    “From the counter-affidavit served on us by the prosecution, it seems that the crux of the objection of my learned friends is that the applicants should suffer on account of their parentage.

    “There are no facts deposed in their affidavit except that they said they may tamper with witnesses. This will not be enough to sway your lordship as special facts for your Lordship to hold that they be denied bail.

    “There is nothing in the counter-affidavit that should be a clog in your lordship’s discretion in admitting the boys to bail.

    “The fathers of the boys are in court and they will ensure their attendance of proceedings.”

    But Martins, who confirmed that he had filed a counter-affidavit dated March 26, opposed him.

    He noted that the alleged offences were severe and attract a life sentence if the defendants are found guilty.

    According to him, if George and Rasak are granted bail, there is high likelihood of them interfering with witnesses.

    Martin’s said: “On the issue of the character of the evidence, the alleged rape happened on Feb. 3 at Delankaster Hotels off Admiralty Way in Lekki.

    “The victim (name withheld), is a 24-year-old young lady and the hotel belongs to the father of the first defendant, Don-Chima George.

    “The lady is well known to the defendants and second defendant, in his statement, admitted to previously spending time in her house.

    “By virtue of the victim being well known to the defendants, there are strong indications that the victim will be interfered with.

    “In an allegation of rape that the victim is well known to the defendant(s), there is a high likelihood of witness interference.

    “This is a common experience of mine as a prosecutor of almost three decades.”
    According to the prosecutor, the “grievous offence” was condemnable.

    Martins said: “An allegation of rape for a victim is bad enough, then the allegation of rape against two people well known to the victim, who gang-raped her is absolutely condemnable.

    “I just want to reiterate that the two defendants will not answer the bail but will flee. There is also nothing relating to the health of the defendants that will warrant their need for bail.

    “There is no life-threatening medical condition with which the defendants could justify the court’s discretion being granted in their favour.

    “There is also a video recording of the offence. We urge your lordship to refuse the bail application because it lacks merit.”

  • Updated: Court sentences killer of ex-Ondo deputy gov’s daughter to death

    An Ondo state High Court sitting in Akure on Wednesday sentenced Seidu Adeyemi to death by hanging for killing Miss Khadijat Oluboyo, the first daughter of a former deputy governor of Ondo State,Lasisi Oluboyo, an indigene of Ikare-Akoko, headquarters of Akoko Northeast local government.

    Adeyemi was charged for killing his girlfriend, Khadijat Oluboyo, on July 2, 2018.

    He consequently buried her inside his room at Aratusi, Oke-Aro area of Akure.

    Khadijat, was a final year student of Adekunle Ajasin University in Akungba Akoko (AAUA) until her death.

    In his judgement, Justice Samuel Bola said the prosecutor and the state government’s counsel had proved beyond reasonable doubt that Adeyemi actually committed the offence he was charged for.

    Adeyemi, a graduate of Federal University of Technology Akure (FUTA), was arrested by the Ondo State Police Command in July, last year for killing the former deputy governor’s daughter for a money ritual purpose at his house in Akure and allegedly buried the deceased inside his room for six days.

    Justice Bola held that by criminal law, the convict had committed a capital offence and he should die by hanging.

    After the verdict, leader of the prosecution team and State Attorney General and Commissioner for Justice, Kola Olawoye, expressed delight over the judgement.

    He, however, described the circumstances leading to the death of the deceased as unfortunate.

    Olawoye noted that the state government was interested in the case because of the circumstances leading to the death of Khadijat Oluboyo and the judgement would serve as a deterrent for other criminals.

    According to him, “The state decided to take up the case in order to know what led to the death of the deceased, and we want the defendant to explain to the whole world the part he took in the killing of the lady if any, thank God the court had done justice to the case today”

    The father of the deceased, Oluboyo had earlier told reporters when the incident happened that he would not be interested in pursuing litigation on the matter before the state government took up the issue and charged Adeyemi to court.

  • Money laundering: Absence of counsel stalls trial of lawyer Dele Belgore

    Absence of Mr Ebun Shofunde, SAN, defence counsel to Mr Dele Belgore, SAN, has stalled his trial in the N450 million money laundering charge filed in a Federal High Court in Lagos.

    Belgore is standing trial by the EFCC for allegedly benefiting N450m from the sum of $115m which a former Minister of Petroleum Resources, Diezani Alison-Madueke, allegedly doled out to influence the outcome of the 2015 general elections.

    The EFCC had alleged that himself, and his co-defendant, a former Minister of National Planning, Prof Abubakar Sulaiman, went to a branch of Fidelity Bank in Ilorin on March 26, 2015, to sign for and collect the N450 million.

    The defendants had each pleaded not guilty to the charges and were granted bails.

    The case which was earlier slated on Wednesday, for continuation of trial, could not proceed as planned, as the court was informed that counsel to Shofunde was indisposed.

    Counsel, who appeared on behalf of Shofunde, prayed the court for an adjournment on this ground, after informing the court of the position.

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    The prosecution did not object to the oral application.

    Justice Rilwan Aikawa, consequently, adjourned the case until April 10 for continuation of defence.

    The EFCC had since closed the case for the prosecution, after calling several witnesses and tendering exhibits.

    The defence had accordingly, opened his case, and is still leading evidences.

    At the last adjourned date, the court had viewed electronic evidences in the case, which included two video clips, and the court adjourned for continuation of trial.

    In the nine-count charge, EFCC accused the defendants of making cash payments to a Kwara State Resident Electoral Commissioner (REC).

    The commission said that they made cash payments without going through any financial institution.

    EFCC said they “directly took possession of the sum N450 million,” which they allegedly indirectly spent, adding that they “reasonably ought to have known (that the money) forms part of the proceeds of unlawful act.”

    The sums, the commission said, exceeded the amount authorised by law and violated the provisions of sections 1(a) and 16 (d) of the Money Laundering (Prohibition) (Amendment) Act, of 2012.