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Tag: Court

  • Offa robbery: Court refuses post-mortem of dead suspect

    Kwara State High Court, Ilorin, yesterday refused the exhumation of the body of the principal suspect in the April 5, 2018 Offa robbery, Michael Adikwu, for post-mortem.

    But the court granted the prayer of the defence asking for an independent examination of the alleged gunshot injuries sustained by the first, second and third accused.

    The accused, Ayoade Akinnibosun (first accused person), Ibikunle Ogunleye (second accused person), Adeola Abraham (third accused person), Salaudeen Azeez (fourth accused person) and Niyi Ogundiran (fifth accused person) were in court.

    Ogundiran had told the court how the police extracted his confessional statement from him under duress.

    The first, second and third accused persons had at the last adjourned date accused the police of shooting them in the legs to instil fear in them before extracting statement from them.

    They alleged that the police shot dead Adikwu while in their custody, contrary to the police’s claim that he died of an ailment in hospital.

    As a result, defence counsel Mathias Emeribe said: “In view of the fact that the four accused persons have given their evidence, I hereby apply for an independent medical examination of the legs of the first, second and third accused persons to determine whether the wounds on their legs are caused by gunshots.

    “I also ask for an order to carry out autopsy on the death of Michael Adikwu, the principal suspect, to find corroboration to evidence of especially the fifth accused person as well as the other three persons.

    “The essence of this is not unconnected with the fact that Adikwu was initially one of the accused persons charged with others and it is important that one of their own was allegedly killed before them.

    The fact of the cause of the death must be determined in order to find out the truth as to how the confessional statements were obtained.

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    “The name Michael Adikwu was repeated consistently by the four accused persons in this trial within trial and I think it will be in the interest of justice for the accused persons to put in a proper defence to get the result of that medical examination.”

    But prosecution counsel Prof Wahab Egbewole (SAN) opposed the application, describing it as strange.

    Said he: “I urge the court to refuse this strange application.

    Justice is not one-way traffic. It is available to all the parties and not only for the accused.

    “For the record, this is a trial within trial specifically to determine the voluntariness of the statements of the accused persons.

    “It is not for the court to look for evidence to corroborate his allegation. It is for him to do that.

    “This application is tantamount to inviting your lordship to come to the arena. The application is clearly shopping for evidence. The shooting of Adikwu has no relevance to the issue of a trial within trial.”

    Having listened to both parties, Justice Halima Salman took a shot break before delivering her ruling.

    In her ruling, Justice Salman said: “The court will avail the parties the facilities available in this case. It is, therefore, in the interest of justice and fair hearing to allow for a medical examination to know whether the healed wounds on the three suspects’ legs emanated from gunshots. I, therefore, grant the first prayer.

    “On the post-mortem examination of the body, there is nothing the autopsy will add to this case. It is baseless and pointless to grant the second prayer.”

    She ordered the registrar to prepare the “enrol order today to be served on the defence and prosecution.”

    Justice Salman adjourned the case till April 8 for continuation of defence in trial within trial.

     

  • Again, court orders IBEDC to restore electricity to Ijesa land

    An Ilesa High Court in Osun again ordered the Ibadan Electricity Distribution Company (IBEDC) to restore to restore electricity supply in Ijesaland, Osun State.

    Justice A. L. Adegoke, who gave the order on Monday, held that partial compliance with the order of the court would not be tolerated.

    NAN reports that on March 18, the court ordered the IBEDC, to restore public electricity supply in Ijesaland,.

    This followed an ex-parte application filed by the Nigeria Bar Association, NBA, Ilesa branch against the distribution company for allegedly shutting down public electricity supply in Ijesaland.

    The court, presided over by Justice Adegoke also granted the prayer of the association to serve the court processes on IBEDC in Ibadan.

    Speaing to NAN after the court’s ruling, the Plaintiff Counsel, Mr Olayinka Sokoya, who spoke on behalf of Mr Kanmi Ajibola, said that the court has extended the validity of order until April 16.

    “There cannot be contempt of court and be asking for any favour from court, but they should strictly adhere to court order so as to maintain peaceful coexistence in Ilesa and its environs.

    “Hopefully any moment from now, electricity supply would be restore to Ilesa and Ijesa land communities which will ameliorate the hardship of the indigenes” he stated.

    Also, Mr Adegbite Adeniyi, the IBEDC Counsel, told NAN that IBEDC has partially comply with court order by restore light to four local governments out of Six local government in Ijesa land.

    Adeniyi said that the four local governments where electricity was restored are Oriade, Obokun, Atakumosa East and West.

    He said that part of the equipment damaged cannot be easily bought in Nigeria.

    Adeniyi said Atakumosa West still faced power outage because IBEDC was forced to comply with court order and the restoration has affected their appliances.

    NAN reports that irate youths protested on March 18, while the IBEDC office got burnt against the disconnection of light in Ijesa land.

  • Court strikes out murder case against ex-policeman

    Justice Sunday Aladetoyinbo of the FCT High Court sitting in Maitama, on Wednesday struck out a case of murder filed against a former police officer, Gabriel Achimi, for lack of diligent prosecution.

    Achimi, 37, was charged with the murder of Ishaku Musa, a commercial motorcycle rider, at Gishiri junction, Abuja.

    Delivering judgment, Justice Aladetoyinbo, frowned at the inability of the Ministry of Justice to retrieve the case diary from the Police.

    ” I do not believe that the Ministry of Justice cannot retrieve the case diary from the police.

    ” This case is struck out and the defendant discharged and if the case file is finally retrieved, the defendant can be re- arraigned,” he held.

    The News Agency of Nigeria (NAN) reports that the judge said that the case had recorded eight adjournments already without the defendant taking his plea.

    Aladetoyinbo said that he was forced to grant bail to the defendant as a result of the shoddy prosecution of the case.

    Earlier, Mr. Abubakar Musa, the prosecuting counsel, told the court that the prosecution had not been able to collect the case diary of this case from the police as directed by the court.

    Musa told the court that several contacts were made to retrieve the document, but the police refused to release the case file up to date.

    Responding, the defence lawyer, Mr. Akin Akintan told the court that the case had suffered many adjournments due to the nonchalant attitude of the prosecution.

    ” The Registrar of this court on my lord’s instruction had to write to the Ministry of Justice more than two times.

    ” On Feb. 19, this court made a definite pronouncement by giving the prosecution one more adjournment to put its house in order,” he said.

    Akintan, therefore, urged the court to discharge the defendant and allow him to go pending when the prosecution was ready to prosecute him.

    News Agency of Nigeria (NAN) reports that the police on Feb. 27, 2018 alleged at the arraignment of the defendant said that on May 10, 2017, at 8 p.m., near Gishiri Junction in Abuja, Achimi shot Musa; allegedly causing the latter’s death.

    The police in the charge said that the action contravened section 224 of the Penal.

  • 19-yr-old gets N.4m bail for allegedly stealing

    A senior magistrate court in Port Harcourt, the Rivers state capital on Monday granted bail to a 19-year-old Miracle Sunday who allegedly stole gutter manhole slabs in the state.

    Sunday, who was arraigned before a senior magistrates court in Port Harcourt, was accused of stealing three of the concrete slabs from the state ministry of works, was granted bail in the sum of N400, 000.

    The incident reportedly took place at UTC junction, Port Harcourt on March 1, 2019.

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    He pleaded not guilty to the one count charge of stealing slammed on him.

    He was also not represented by any lawyer

    The presiding Magistrate, Gomba Osaro granted bail to the sum of N400,000 with one Surety.

    He said Surety must be a civil servant of any grade and must present his national identity card or permanent voters card and his address must be verified by the prosecutor, Godwin Nwinam.

    Osaro adjourned the matter till April 9, for hearing.

  • Offa robbery: Court refuses post-mortem examination of dead suspect

    Kwara state High Court sitting in Ilorin, the state capital Monday refused the exhumation of the corpse of the death principal suspect, Michael Adikwu in the April 5th, 2018 bloody Offa robbery incident, for post-mortem examination to determine the cause of his death.

    But the court granted the prayer of the defence asking for an independent examination of the alleged gunshot injuries sustained by the first, second and third accused persons in the case.

    The accused persons Ayoade Akinnibosun (1st accused person), Ibikunle Ogunleye (2nd accused person) and Adeola Abraham (3rd accused person), Salaudeen Azeez (4th accused person) and Niyi Ogundiran (5th accused person) were in court.

    Earlier, the 5th accused person (Niyi Ogundiran) narrated in the court how the police extracted his confessional statement from him under duress.

    The first, second and third accused persons had at the last adjourned date accused the police of shooting them on the legs to instill fear in them before extracting statement from them.

    They also alleged that the police shot death Michael Adikwu while in their custody contrary to what the police said that the man died of an ailment in a hospital.

    As a result, defence counsel Mathias Emeribe said that “in view of the fact that the four accused persons had given their stories, I hereby apply for an independent medical examination of the legs of the first,
    second and third accused persons to determine whether the wounds on their legs are products of gunshots.

    “I also ask for an order to carry out autopsy on the death of Michael Adikwu, the principal suspect so as to find corroboration to evidence of especially the 5th accused person as well as all the other three
    persons.

    “The essence of this is not unconnected with the fact that Adikwu was initially one of the accused persons charged along with others and it is important that one of their own was allegedly killed before them. The fact of the cause of the death must be determined in order to find out the truth as top how the confessional statements were obtained.

    “The name Michael Adikwu was repeated consistently by all the four accused persons in this trial within trial and I think it will be in the interest of justice for the accused persons to put in a proper
    defence to get the result of that medical examination.”
    But prosecution counsel Prof Wahab Egbewole (SAN) opposed the application vehemently, describing it as strange.

    Said Egbewole: “I urge the court to refuse this strange application; justice is not a one way traffic. It is available to all the parties and not only for the accused.

    “For the record, this is a trial within trial specifically to determine the voluntariness of the statements of the accused persons. It is not for the court to look for evidence to corroborate his allegation. It is for him to do that.

    “This application is tantamount to inviting your lordship to come to the arena. The application is clearly shopping for evidence. The shooting of Adikwu has no relevance to the issues of a trial within
    trial.”

    Having listened to both parties, presiding judge, Justice Halima Salman took a shot break of proceeding before delivering her ruling.

    In her ruling Justice Salman said “the court will avail all the parties all the facilities available in this case. It is therefore in the interest of justice and fair hearing to allow for a medical examination to know whether the healed wounds on the three suspects’ legs emanated from gunshots. I therefore grant the first prayer.

    “On the post-mortem examination of the corpse of the dead Michael Adikwu, there is nothing the autopsy will add to this case. It is baseless and pointless to grant the second prayer.”

    She ordered the court Registrar to prepare the “enroll order today to be served on both the defence and prosecution.”

    Justice Salman adjourned the case to April 8th for continuation of defence in trial within trial.

  • Updated: Court dismisses suit against conclusion of Bauchi Guber election

    *To hear case over Rivers Governorship, Thursday

    A Federal High Court in Abuja has dismissed a suit filed by the Governor of Bauchi State, Mohammed Abubakar and the All Progressives Congress (APC) challenging the decision by the Independent National Electoral Commission (INEC) to resume collation exercise in the state’s gubernatorial election.

    INEC had declared the election inconclusive on the grounds that the number of cancelled votes was higher than the margin of lead between the two top political parties.

    The electoral body later announced that it would resume collation because it found out that the number of cancelled votes was tampered with, a decision Abubakar and the APC challenged in court.

    In a judgment on Monday, Justice Inyang Ekwo declined jurisdiction and disagreed with plaintiffs’ lawyer, Ahmed Raji (SAN) that the suit related to pre-election matters.

    Justice Ekwo set aside the order for maintenance of status quo earlier made by the court and ordered INEC to proceed with its activities geared at concluding the governorship election in Bauchi State.

    The judge said, although his court has jurisdiction to determine the questions, relating to the interpretation of the Constitution and Electoral Act, raised in the suit, he would prefer to allow election tribunal with an overall jurisdiction over election matters to handle the case.

    He directed that INEC should be allowed to conclude its constitutional responsibilities in relation to the Bauchi Governorship election, following which any aggrieved party could approach an election tribunal.

    Justice Ekwo said: “My view is that this court has jurisdiction to interpret the provision of the Constitution as to the alleged breach of the plaintiff’s fundamental right to fair hearing and interpret the provision of the Electoral Act tabled before the court.

    “And also looking at the provision of Section 60 of Electoral Act, the court or tribunal can determine the issues thereof. It can then be said that there is concurrence of jurisdiction between this court and the Election Petition Tribunal on this issue.

    “The difference in this case is that the alleged infringement occurred in the process of an election and the decision of the defendant in Exhibit B (the press releases issued by INEC on March 15, 2019) also occurred in the process of an election.

  • Court adjourns indefinitely trial of El-Zakzaky, wife

    A Kaduna State High Court on Monday adjourned the trial of the leader of the Islamic Movement in Nigeria (IMN), otherwise known as Shi’ites, Sheikh Ibrahim El-Zakzaky, and his wife, Zinat indefinitely.

    The trial Judge, Justice Gideon Kurada, adjourned the case due to his appointment to serve as a judge in the Presidential and National Assembly Elections Petitions Tribunal in Yobe.

    The Nation recalled El-Zakzaky and wife, who have been custody since December 2015, were dragged to the state high court for culpable homicide, unlawful assembly, and disruption of public peace, among others.

    Speaking to newsmen shortly after the adjournment, lead counsel to the defendants, Femi Falana SAN said, the case was adjourned because Justice Kurada is serving as a judge in election petition tribunal.

    The Senior Advocate said, aside absence of the trial Judge, Sheikh El-Zakzaky and his wife Zinat, were in dire need of medical attention, the reason they could not appear in court.

    He alleged that the IMN leader and his wife had not been given adequate medical care since Dec. 14, 2015, when they were detained.

    According to him, “So the Court has adjourned Sine die, meaning indefinitely. My clients are yet to access any form of medical attention even after the court had ordered so.

    “The Case had to be adjourned as both my clients need time to attend to their health.” Falana said.

  • Appeal Court affirms Lulu-Briggs as Accord gov candidate in Rivers

    The Court of Appeal sitting in Yenagoa, Bayelsa State capital, has granted the application for stay of execution on the judgment of Justice Obili of the Federal High Court, Port Harcourt which ruled recently that Precious Baridoo and not Dumo Lulu-Briggs was the Rivers State governorship candidate of Accord.

    A statement by the Director of Communications, Dumo Lulu-Briggs Campaign Organisation, Sotonye Ijuye-Dagogo, said Justice A. Lamido of the Court of Appeal, Yenagoa, delivered his ruling on the matter on Friday.

    The Lulu-Briggs Campaign Organisation said in the statement that the Appeal Court ruling was in respect of an application brought before it by Wilcox Abereton (SAN), the lead counsel to Chief Dumo Lulu-Briggs.

    It said the Presiding judge granted the application for stay of execution and further granted an injunction restraining Precious Baridoo from parading himself as the Rivers Accord governorship candidate.

    “By this ruling, Chief Dumo Lulu-Briggs remains the INEC recognized Rivers State governorship candidate of Accord in Rivers State and the person whose name was legally submitted to INEC by the National Working Committee of Accord,” the statement said.

    The Accord in Rivers state has been in crisis over who is the genuine candidate of the party, resulting in the former Chairman of the party in the state, Precious Barido, approaching a Federal High Court in Portharcourt to challenge the candidature of Chief Dumo Lulu-Briggs.

    The Federal High Court ruled in favour of Mr. Barido, few days to the Rivers governorship election, forcing Dumo Lulu-Briggs and the Rivers chapter of Accord party filed an appeal at the Court of Appeal sitting in Yenagoa.

    While the appeal lasted in the Appeal Court, the National leadership of Accord said that Dumo Lulu-Briggs remains the governorship candidate of the party in Rivers state.

    He added the party submitted only the credentials of Dumo Lulu-Briggs as the candidate of the party.

    According to the national chairman of Accord, Muhammad Lawal Nalado, Precious Barido, is an impostor, pointing out that at no time before, during and after his tenure as the state chairman of Accord in Rivers, did he notify the national leadership of Accord of his interest in the Rivers governorship polls.

    He said Barido never bought any form from Accord to contest the governorship election in Rivers and was never at any time the candidate of the party in Rivers governorship elections.

  • Court remands man in prison for alleged vote buying

    A Kwara State High Court sitting in Ilorin, the state capital, yesterday remanded a man in prison custody  for alleged vote-buying during the March 9 governorship and House of Assembly election.

    Economic and Financial Crimes Commission (EFCC) arraigned the suspect, Abdusalam Abdulkadiri, for allegedly conspiring with one Oye Obalola to provide N120,000 with the intent of corruptly influencing persons to vote for a particular political party on the election day. Oye Obalola is said to be at large.

    Abdulkadiri was also accused of providing N120,000 for the purpose of using same at polling unit 007 in Kwara State College of Education, Ilorin contrary to Sections 124/5 and 130/8 of the Electoral Act 2010 as amended.

    The accused pleaded not guilty to the charge.

    Responding to the defendant’s not-guilty plea, counsel to EFCC Nnemka Omewa said: “The defendant, having pleaded not guilty to the two-count charge, we humbly ask for his trial and urge the court to remand him in prison custody.”

    But the defendant counsel, O.S. Mohammed, objected and prayed the court to grant the accuse person bail as the offence, according to him, is bailable.

    He urged the court to remand the accused person in EFCC custody as opposed to prison custody.

    Reacting again, EFCC lawyer said: “Granting bail is entirely the discretion of the court. But this discretion is not exercised in a vacuum. Applicant seeking permission for bail had to place material facts before the court to enjoy that discretionary power.

    “It is also trite that the court in exercising its powers has to do it judicially and judiciously. I further submit that the applicant had not placed material facts before the court to warrant the court exercise its discretion.”

    Justice Sikiru Oyinloye declined to grant the prayers of the defendant, hinging his reasons on improper procedure for the bail application.

    Justice Oyinloye added that the defendant counsel had not placed before the court material facts to guarantee the granting of the bail application.

    He, therefore, ordered that the defendant to be remanded in Oke-Kura prison, Ilorin.

    The judge then adjourned the case till March 28.

  • Synagouge: collapsed building foundation didn’t fail soil test – Witness

    A member of Building Collapsed Prevention Guild (BCPG), Mr. Ebenezer Olumide Ologuntoye, Thursday told a Lagos High court, Igbosere that the test carried out on the foundation and bearing of the collapsed building in Synagogue Church of All Nations (SCOAN) did not fail soil test.

    Ologuntoye stated this while being led in evidence by the counsel to the church, Olalekan Ojo (SAN).

    The witness said BCPG is a non-governmental organization interested in reducing incidents of collapse building to the barest minimum and that he got to know about the collapse of SCOAN building when he was selected as a member of the committee saddled with the responsibility of investigating possible cause of the collapsed building.

    The Registered Trustees of Synagogue Church of All Nations SCOAN are facing 110-count charge of involuntary manslaughter, contrary to section 222 of the criminal law of Lagos State 2011 filed against them by the Lagos State government.

    The defendants, Oladele Ogundeji and Akinbela Fatiregun charged alongside their companies, Hardrock Construction and Engineering Company and Jandy Trust Limited.

    A fifth defendant, the Registered Trustees of SCOAN is facing a lone count of building without approval.

    They however pleaded not guilty to charge.

    At the resumed hearing of the matter Thursday, the witness who testified before Justice Lateef Lawal-Akapo said that when the building collapsed, the BCPG set up a committee and they were asked to look into the possible cause of the collapsed building.

    He said that they carried out an analysis on the soil and foundation and discovered that the foundation and the bearing capacity were adequate.

    Ologuntoye, a geotechnical engineer, who specializes in soil Investigations, quality and assurance control also, gave an analysis on how the test were conducted at the site of the collapsed building.

    The witness said that two tests were carried out with Dutch Comb Machine, and the sample was taken to University of Lagos Unilag, laboratory for analysis.

    “I carried out geotechnical borehole, and took the sample of the soil from top to bottom. Then the samples taken were taken to UNILAG soil laboratory for analysis.

    “As a geotechnical engineer, I was expected to investigate what happened to the foundation, the soil on which the foundation stands was okay.

    “I investigated the soil using two major equipment, namely: the geotechnical borehole and a dutch -comb, an electrical testing machine. Both equipment were gotten from BCPG.

    “Sample of the soil gotten through the borehole test was sent to the University of Lagos Laboratory for analysis while the dutch-comb test result was gotten on the spot of the test and it was signed by all parties at the site.

    “The parties that signed the report include representative of SCOAN, Lagos State Material Testing Laboratory and the Corona Court Representative,” he said.

    The witness further told the court that he compared and analyzed the result sent by the UNILAG Laboratory with the dutch-comb report.

    “My findings on both reports showed that the foundation did not fail and the bearing capacity is adequate.

    “I wrote the report on the final analysis of the test carried out on SCOAN and submitted to BCPG.

    “The other tests were done in the presence of parties; members of SCOAN, Lagos State testing representative and a representative of the coroner court was also there. There is a meter on the machine which is called Dutch Cone penetration, test and the result was gotten.

    “The value got from the machine to know the value of the soil was done at the site, in the presence of the parties and they signed,” the witness said.

    The witness also told Justice Lawal-Akapo that he has worked with renowned organizations in Nigeria and the diaspora.

    On his work experience, he said he has worked with a Polish company, Naeimor International, Ekiti State Service Local Government Commission, Foundation Development Limited in London Lakeside Park, London among others.

    The defence counsel, Olalekan SAN tendered the report of the test to the court and it was admitted into evidence.

    Meanwhile, a subpoenaed witness, George Opeoluwa, the president of the BCPG had earlier tendered the report before the court.

    Justice Lawal-Akapo thereafter adjourned the matter till May 16, 17 for cross-examination of the witness.