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Tag: Court

  • No Debit Order: Court fixes May 22 to hear suit filed by Patience Jonathan

    A Federal High Court Lagos on Wednesday, fixed May 22, for further mention of a suit filed by former First Lady, Dame Patience Jonathan, challenging a “No Debit Order” placed on her accounts.

    Patience had filed the suit in 2016, to challenge the order’ placed on four Skye Bank (now Polaris Bank Ltd) accounts harbouring a total of 9.8 million dollars.

    Joined as defendants in the suit are: The Economic and Financial Crimes Commission (EFCC), Polaris Bank Ltd, Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, and Trans Ocean Property and Investment Company Ltd.

    The plaintif is seeking a declaration that she is the owner of the funds in the accounts opened in the names of the third, fourth and fifth defendants, and so, entitled to access to the funds for her use and benefit.

    When the case was called on Wednesday, before Justice Chukwujekwu Aneke, Chief Ifedayo Adedipe (SAN) announced appearance for the Plaintiff.

    On the other hand, Messrs Mohammed Idris, Abayomi Arole, and Chimaobi Onuigbo announced appearances for the second, third and fourth defendants respectively.

    There was no representation for the fifth defendant.

    Read Also: Patience Jonathan’s $5.7m, N2.4b forfeiture case adjourned

    Adedipe then informed the court that the case which was first before his brother judge, Justice Mohammed Idris (who has been elevated to the Court of Appeal) was for mention.

    He said that the matter was coming up before Aneke for the first time, and will be commencing afresh.

    According to him, plaintiff had to amend her statement of claim to correctly reflect the name of Skye bank as now Polaris Bank, adding that the change in nomenclature necessitated the amendment.

    Other counsel confirmed the position to the court, adding that their respective amended processes will also be filed and served.

    Consequently, Justice Aneke adjourned the case until May 22, for further mention.

    Jonathan is seeking an order, restraining the EFCC or any other person, from preventing the plaintiff access to the said funds contained in the third to fifth defendant’s account with Skye Bank (now Polaris Bank)

    Plaintiff is also seeking an order, discharging the “No Debit’Freezing Order” placed on the accounts of the third to fifth defendants.

    She seeks an order, directing Polaris Bank to release forthwith, the sum of 9.8 million dollars standing to the credit of the plaintiff, as at March 29, 2016, or any such other funds in the account.

  • Baker in court for unlawful possession of Marijuana

    A baker, Salami Ahmed, 31, on Wednesday appeared in an Ikeja Magistrates’ Court for allegedly being in possession of Marijuana.

    The police charged Ahmed, who resides in No. 6, Balogun St., Orile-Agege, Lagos, with two counts of being in possession of marijuana and breach of peace.

    The defendant pleaded not guilty to the charges.

    The Police Prosecutor, Sgt. Ishola Samuel, told the court that Ahmed committed the offences on Dec. 13, 2018 at No 11, Oyenuga St., Agege, Lagos.

    Read Also: Banker, 55, defiles girl, 8

    Samuel alleged that Ahmed also conducted himself in a manner likely to cause breach of peace by smoking the marijuana and disturbing the peace.

    He noted that the offences contravened Sections 327 and 168 of the Criminal Laws of Lagos State, 2015.

    The Magistrate, Mrs A.I. Abina, admitted the defendant to bail in the sum of N5,000 with one surety in like sum.

    She adjourned the case until April 11 for hearing.

  • Prophetess duped me of N134m, lawyer tells court

    A lawyer, Uloma Ulo, yesterday told an Ikeja Special Offences Court that a self-styled prophetess, Linda Mhabi-Praise, duped her of N134 million in 2017.

    Mhabi-Praise, Prophetess of Temple of Praise Church, Adeniran Ogunsanya Street, Surulere Lagos, and her company Mutano Energy Ltd, are  standing trial on an eight-count charge of stealing, obtaining money by false pretence and issuance of dud cheques.

    They were arraigned before Justice Sherifat Solebo on March 6 by the Economic and Financial Crimes Commission (EFCC).

    Led in evidence by EFCC counsel Mr. Frank Ofoma, Ulo said she met the prophetess through a friend, Sandra Mbujakero.

    She quoted Mbujakero as  the defendant as her pastor with whom she had done  business.

    “I met Linda Mhabi-Praise formally in October 2015 and in the course of discussions, she told me that she was into oil business and she needed investors

    “After discussions, I gave her N6 million in October 2015 and she made it clear that all investors would get a return on their investment.

    “Between October and December, I got a return of between N520, 000 and N750, 000,” she said.

    Ulo said she gave Mhabi-Praise N38 million and received a return on investment of N2.8 million monthly.

    She alleged that the defendant approached her again in April 2017 to reinvest in her business.

    “I asked her to approach her bank for a loan, but she said she does not have any collateral.

    “I asked if she had a Local Purchase Order (LPO) to give her bank, she said the bank needed more than LPO.

    “She convinced me to get her some money. l approached my bank and got her a loan of N100 million. I added the money to what I had and gave her N134 million.

    “After I gave her the money, she vanished. She had made it clear to me that whoever invests with her will leave the money for three months.”

    Read also: Court remands businessman for alleged N218m ‘property scam’

    The witness said she travelled abroad for four months, adding that she told the defendant to “roll-over” her return on investment because she wanted her money by the end of November 2017.

    “When I got back in October 2017, I made several attempts to see her. I made calls which were never returned.

    “I finally met her at Ikoyi Club, Lagos and she told me that the money went missing. I asked how the money went missing and, as I stand here, she hasn’t told me,” Ulo said.

    The lawyer said she petitioned the EFCC in November 2017 where it was revealed that Mhabi-Praise was a suspected serial fraudster.

     

  • Court remands businessman for alleged N218m ‘property scam’

    An Mpape Magistrates’ Court in Abuja has remanded a businessman, Mike Wasiu Adamu, in police custody following his alleged involvement in a N218m property scam.

    It made the remand order on March 25, following an application by the Police in a suit marked MT/19/2019.

    The “Warrant of commitment of prison of remand” directed the “official in charge of prisons at the Police Intelligence Response Team (IRT)”, Abuja, to keep Adamu in its custody till April 1.

    He may then be brought before the court at the expiration of the order, the order stated.

    Adamu was arrested following petitions to the Economic and Financial Crimes Commission (EFCC) and the Inspector General of Police (IGP).

    One petition was written by a firm, NISL Ventures Ltd, on November 1, 2017.

    It was titled ‘Conspiracy to defraud, obtaining by false pretence, fraudulent deceit and fraudulent conversion of funds and issuance of dud cheques by Messrs. Mike Adamu and Kolawole Adewale of Eureka Heritage Properties and Consultant Ltd.’

    It alleged that Adamu and Adewale received N218million from 14 tenants in respect of NVL’s property without lawful authority and “without remitting same to NVL’s designated accounts.”

    The sums were allegedly received between 2014 and 2016.

    One of the tenants said the property comprised a Shopping Plaza at Plot 109, Adetokunbo Ademola, Wuse II, Abuja.

    Another petition, which is not in issue at this time, was written by a law firm, Paschal Legal, on behalf of a firm, Zuruhills Integrated Services Ltd, last July 17.

    It was titled ‘Petition against one Mike Adamu and Reform Sports West Africa Ltd for Issuance of dud cheques and criminal breach of trust’.

    The petition alleged that “Mike Adamu, in the bid to offset the sum of N139,500,000 owed our clients by him and captured in a Terms of Settlement document, … issued a dud cheque to our client. Attached is the Dud Cheque.

    “Every effort to get Mike Adamu to make good his financial obligation to our client has been to no avail.

    “Consequently, we respectfully request that you use your good office to ensure that Mike Adamu is brought to book.”

     

  • Court to rule on AGF’s objection to MTN’s suit May 7

    The Federal High Court in Lagos yesterday reserved ruling on a preliminary objection by the Attorney-General of the Federation (AGF) challenging a N3billion suit by MTN Nigeria Communication Ltd.

    MTN sued the AGF for demanding N242 billion and $1.3 billion as import duties and withholding tax assessments from it.

    By a September 10, 2018 writ, MTN is challenging the legality of the AGF’s assessment of the import duties, withholding tax and value-added tax.

    But, the AGF, in the preliminary objection, is arguing that the suit was statute-barred, thus robbing the court of jurisdiction.

    Arguing the motion yesterday, AGF’s counsel Mr Tijani Gazali urged the court to strike out the suit on the ground that was instituted outside the time prescribed by law.

    He said the AGF was covered by Section 2(a) of the Public Officers Protection Act, so there was no issue of abuse of office.

    He said rather than MTN responding to the demand, it filed the case.

    But, MTN through its counsel Chief Wole Olanipekun (SAN), who led Damia Dodo (SAN) and Prof Fabian Ajogwu (SAN), argued that the AGF’s objection was unfounded.

    MEN’s lawyers maintained that the AGF’s contentions were unacceptable and unknown to law.

    They argued that the cause of action actually crystalised when the AGF made a demand of MTN and threatened the company with court action on August 20.

    Previous correspondence from the AGF was acted upon in good faith by the company, Olanipekun continued.

    He revealed that the previous correspondence had requested a self-assessment.

    He posited that the organisation not only undertook the self-assessment but went ahead to submit the result of that process to the AGF’s office.

    The assessment, he said, was undertaken by KPMG and showed clearly that no back taxes were owed to the country.

    He said AGF’s letter heightened issues and led to the company seeking to protect itself from the unlawful actions of the AGF.

    The learned SAN further argued that to the extent that the letter has not been withdrawn, the cause of action continues to exist.

    Therefore MTN remains within its rights to approach the courts, he said.

    Counsel to AGF was asked directly whether the cause of action had been withdrawn, but he declined to respond.

    Olanipekun further posited that from the AGF’s pleadings his office had admitted the submission of MTN in so far as his main argument is not in response to the core issues raised by MTN, but to whether or not the AGF is protected in law from the consequences of his actions.

    The SAN argued that it is implicit in the AGF’s failure to address the substance of MTN’s case, that the AGF is aware it does not have the legal authority to take the action it has taken.

    The AGF is contending that the suit disregarded Section 2 of the Public Officers Protection Act, which provides that any lawsuit against a public officer must be within three months of what was complained of.

    But, MTN is seeking a declaration that the AGF’s demand of N242 billion and $1.3 billion from it was premised on a process that is malicious, unreasonable and based on incorrect legal reasons.

    The plaintiff said the purported “revenue assets investigation” carried out by the Federal Government for the period of 2007 – 2017 violated Section 36 of the 1999 Constitution.

    MTN is praying the court to declare that the AGF acted in excess of his powers by directing a “self-assessment exercise” which usurps the powers of the Nigerian Customs Service to demand duties on imported physical goods.

    It is seeking a declaration that the AGF acted illegally by also usurping the powers of the Federal Inland Revenue Service (FIRS) to audit and demand remittance of withholding tax and value-added tax.

    The plaintiff wants declaration that the purported “self-assessment” exercise instituted by the AGF via its letter of last May 10 is unknown to law, null and void and of no effect whatsoever.

    MTN is further praying the court to for an order vacating the AGF’s demand letter.

    It is claiming N3billion as general and exemplary damages as well as legal costs from the Federal Government.

    Justice Chukwujekwu Aneke adjourned until May 7 for ruling.

     

  • UPDATED: RTEAN member to die for killing colleague over ‘loading’

    An Ekiti State High Court on Tuesday sentenced a member of the Road Transport Employer Association of Nigeria (RTEAN) Abednego Ajibola, to death for killing his colleague over scuffle on loading arrangement.

    Justice Lekan Ogunmoye found Ajibola, 40, guilty of the one-count charge of murder of fellow union member, Ojo Ogunsakin, on 10th March, 2017 at Akure Motor Park along Ikere Road, Ado Ekiti.

    The judge held that ingredients of the offence of murder has been established against the convict who, he said, committed an offence contrary to Section 316 of the Criminal Code Cap C16, Laws of Ekiti State 2012.

    According to his confessional statement made to the Police, Ajibola said a disagreement ensued between him and deceased on loading arrangement on the said date.

    The convict, in his statement, said he was slapped by the deceased, which provoked him to retaliate in the heat of the melee.

    Ajibola in his testimony said he hit the deceased with a stone which led to his death as confirmed by other witnesses.

    Read Also: Court remands businessman for alleged N218m ‘property scam’

    To prove the case of murder, prosecution counsel, Mr. Gbemiga Adaramola, called six witnesses including the Investigating Police Officer (IPO), Sgt. Kamaru Momoh.

    Other witnesses who testified against the convict are the wife of the deceased, Mrs. Ogunsakin and Dr. J.A. Omotayo of Ekiti State University Teaching Hospital (EKSUTH), who conducted the post mortem on the body of the deceased.

    Defence counsel, Mr. Kayode Oyeyemi, called two witnesses and the accused person in defence of the convict.

    Delivering the verdict, Justice Ogunmoye ruled: “The ingredients of the offence of murder had been established against the accused person and he is convicted accordingly.

    “The accused person is hereby sentenced to death by hanging on the neck till he be dead. May the Almighty God have mercy on your soul.“

  • Court remands businessman for alleged N218m ‘property scam’

    An Mpape Magistrates’ Court in Abuja has remanded a businessman, Mike Wasiu Adamu, in police custody following his alleged involvement in a N218m property scam.

    It made the remand order on March 25, following an application by the Police in a suit marked MT/19/2019.

    The “Warrant of commitment of prison of remand” directed the “official in charge of prisons at the Police Intelligence Response Team (IRT)”, Abuja, to keep Adamu in its custody until Monday, April 1, 2019.

    He may then be brought before the court at the expiration of the order, the order stated.

    Mike, the son of Amos Adamu, former Director-General of the Nigerian National Sports Commission and ex-FIFA 24-man executive committee, was arrested following petitions to the Economic and Financial Crimes Commission (EFCC) and the IGP.

    One petition was written by a firm, NISL Ventures Ltd, on November 1, 2017.

    It was titled ‘Conspiracy to defraud, obtaining by false pretence, fraudulent deceit and fraudulent conversion of funds and issuance of dud cheques by Messrs. Mike Adamu and Kolawole Adewale of Eureka Heritage Properties and Consultant Ltd.’

    It alleged that Adamu and Adewale received N218m from 14 tenants in respect of NVL’s property without lawful authority and “without remitting same to NVL’s designated accounts.”

    Read Also: Court orders EFCC to charge lawyer, ex-senator by March 28

    The sums were allegedly received between 2014 and 2016.

    One of the tenants said the property comprised of a Shopping Plaza at Plot 109 Adetokunbo Ademola, Wuse II, Abuja.

    Another petition was written by a law firm, Paschal Legal, on behalf of a firm, Zuruhills Integrated Services Ltd, last July 17.

    It was titled ‘Petition against one Mike Adamu and Reform Sports West Africa Ltd for Issuance of dud cheques and criminal breach of trust’.

    The petition alleged that “Mike Adamu, in the bid to offset the sum of N139, 500,000 owed our clients by him and captured in a Terms of Settlement document … issued a dud cheque to our client. Attached is the Dud Cheque.

    “Every effort to get Mike Adamu to make good his financial obligation to our client has been to no avail.

    “Consequently, we respectfully request that you use your good office to ensure that Mike Adamu is brought to book.”

  • Unpaid salaries killed Kogi’s judicial officer, say colleagues

    The death of Mr. Zekery Aguye, a Magistrate and Deputy Chief Registrar (Litigation) with the Kogi State judiciary, has led to unease in the service with colleagues attributing his demise to backlog of unpaid salaries.

    Aguye reportedly died last Tuesday at the National Hospital Abuja after a protracted battle with prostate cancer.

    He eventually died at the National Hospital, where he was initially being treated, before discontinuing treatment due to alleged inability to offset his medical bills.

    The Chief Registrar of the State High Court, Mr. Yahaya Adamu, who confirmed the sad development, described Aguye’s death as pathetic.

    He described the deceased as one of the best hands in the state judiciary.

    “I am very sorry to say that even as we subscribe to the will of almighty Allah, who gives and takes life, you and I know certainly that sometimes there are deaths that are evitable.

    “In this particular one, we feel it may have been further delayed if we had continued to manage his ailment as we were doing in the past before the judiciary was financially grounded,” he said.

    Read Also: TCN groans as capacity utilisation dips to 14.8 per cent

    According to him, Aguye’s illness surfaced two years when he was diagnosed of the disease.

    He pointed out with quick response and the concerted attention of the family and judiciary, the deceased received the proper medical treatment.

    He added: “He was taken to the National Hospital where he was treated, to the extent that he even started driving his car by himself, having survived the critical period of the illness also affected his spine.

    “When it all started, we thought it was one of those usual ailments. But when it became obvious that he needed to be handled by specialists, we headed for the National Hospital.

    “You will agree with me that treatment there is highly capital intensive. So, in conjunction with the family and other wells wishers, he was revived.

    “He was subsequently placed on drugs and periodic examinations by the hospital, which we consistently complied with.

    “This processes costs between N400, 000 and N500, 000 monthly, depending on the result of the tests.

    “By the grace of God and with the cooperation of the family and others we were coping with the management of the illness.

    “However, we started having problems with his treatment as from the middle of last year when the Kogi State Judiciary started facing funding crises.

    “At this point, his salary, allowances and even the little assistance the judiciary was giving him ceased to come anymore.

    “His care suddenly became the exclusive responsibility of the wife and the family alone.

    “You’ll surely agree with me that, coupled with the children’s demands, it will be difficult for the wife to bear this enormous burden.

    “As a matter of fact, before he finally gave up the ghost, he was withdrawn from the National Hospital for lack of fund.

    “It is at the critical point of his death that he was rushed back to the hospital by which time it was already too late.”

    He appealed to Governor Yahaya Bello to find solution to the impasse between the judiciary and the state government to avert further loss of lives.

  • Man to die by hanging for killing girlfriend in Ondo

    An Ondo State High Court sitting in Akure has sentenced a man, Chukwudi Onweniwe, to death by hanging for killing his undergraduate girlfriend two years ago.

    Onweniwe, had strangulated his girlfriend, Nifemi Adeyeoye, an HND student of Rufus Giwa Polytechnic to death in Owo, Ondo State.

    After reviewing the case, the presiding judge, Justice Ademola Bola, found Onweniwe guilty of murder and sentenced him to death by hanging.

    The convict was charged on four-count charge bordering on endangering life, abduction, rape and murder.

    The prosecutor, Jumoke Ogunjebi, who filed the charge on February 20, 2017, called five witnesses, including the mother of the deceased, to testify against the convict.

    The convict abducted Nifemi and took her to a farm near Alayere, Ogbese, raped her and then snuffed life out of her by strangulating her to death.

    Nifemi’s mother, who testified before the court, said her daughter had told her she was going to visit her friend on the fateful day.

    According to her, she did not know the convict though he was said to be her daughter’s boyfriend.

    Besides, the bereaved mother said she did not see her daughter again until policemen invited her to come to the mortuary to identify a corpse whether it was her daughter.

    Two motorcyclists who saw the duo together on that day also testified in the case and one of them told the court that he carried them to a spot in town.

    Delivering his judgement, Bola said Onweniwe was arraigned before the court on May 22, 2017 and he had entered a “not guilty” plea when the four-count charge preferred against him was read to him.

    The judge said that an autopsy was carried out by Dr. Pelemo of Ondo State Specialist Hospital, Akure.

    Pelemo, which revealed abnormal state of the deceased’s neck and fracture of the skull.

    He explained that it suggested that the deceased had been attacked by an object with a blunt edge which led to her death.

    The police witness, Inspector John Aderibigbe, said one of the motorcyclists who testified in the case had come to report the suspicious movement of the convict and the deceased at the police station.

    He explained that the case was later transferred to the Special Anti-Cultism Squad in Akure.

    The judge said the convict had confessed to the officers of the squad according to the testimony of one Ayoola Famoriyo and had taken his team to the spot where he hid the corpse of the deceased.

  • Alleged forgery: You have case to answer, judge tells Obasanjo’s in-law

    Justice Mojisola Dada of an Ikeja Special Offences Court, on Tuesday, told John Abebe, brother to late former First Lady, Mrs Stella Obasanjo, that he had a case to answer over an alleged forgery of some portions of an oil contract document.

    The News Agency of Nigeria (NAN) reports that Abebe had made a no-case submission after the Economic and Financial Crimes Commission’s (EFCC) closed its case against him.

    In the submission dated Jan. 19, Abebe said that the anti-graft commission had no case against him.

    However, in a ruling on Tuesday, Dada held that evidence by the EFCC established a prima-facie case against Abebe.

    “The no-case submission is hereby dismissed, and the defendant is hereby called upon to open his case,” the judge ruled.

    NAN reports that, in the no-case submission, which relied on Section 239(1) of the Administration of Criminal Justice Law, 2011, Abebe’s counsel, Mr Uche Nwokedi (SAN), had urged the court to dismiss the EFCC’s case against him.

    He said that evidence relied on by the commission had no grounds in law, and that the testimony of the prosecution witnesses had been discredited under cross-examination.

    The defence counsel also said that no original copy of the allegedly forged document was produced in court, arguing that evidence of prosecution witnesses amounted to hearsay.

    In his response, Mr Rotimi Oyedepo, the lead counsel to the EFCC, had said that evidence adduced by the prosecution had not been discredited, adding that evidence of prosecution witnesses was not hearsay.

    Oyedepo urged the court to dismiss the no-case submission.

    NAN reports that Abebe had on July 26, 2018 pleaded not guilty to a four-count charge of forgery, fabricating evidence, using fabricated evidence and attempt to pervert the course of justice.

    According to the EFCC, the defendant committed the offences on June 22, 2010, in Lagos.

    “Abebe knowingly forged BP Exploration Nig. Ltd.’s letter, dated Nov. 30, 1995, to Inducon (Nig.) Ltd.

    “He committed the forgery by inserting in page two of the said letter, the following words: ‘Also note that the ‘Buy-Out Option’ only applies to the pre-production stage of the NPIA. The $4 million buy-out is, thus, irrelevant from production of oil in any of our fields.’

    “He purported same to have been issued by BP Exploration Nig. Ltd.,” Oyedepo said.

    The prosecution claimed that the defendant used the allegedly forged letter as evidence in suit No. FHC/L/CS/224/2010 between Abebe, Inducon Nig. Ltd. and Statoil Nig. Ltd., before a Federal High Court.

    The evidence was admitted and marked exhibit BB in the suit, according to the EFCC, which added that the defendant, through his actions, attempted to pervert the course of justice, in violation of Sections 120(1), 120(2), 126(2) of the Criminal Code Law of Lagos State, 2003.

    The judge adjourned the case until June 11 for defence.