The Nation Newspaper

Tag: Court

  • Defamation: Buhari asks court to dismiss Atiku’s counter-claim

    President Muhammadu Buhari and his campaign organisation – the Buhari Campaign Organisation (BCO) have asked a High Court of the Federal Capital Territory (FCT) in Apo to dismiss the counter-claim made by the presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar in a defamation suit pending against him.

    Buhari and BCO had on January 22, 2019 sued Atiku, accusing him of defaming President Buhari and his family in a statement issued by his spokesman, claiming the President and his family acquired substantial shares in 9mobile and Keystone Bank with total assets of $1.916 billion (equivalent to N307.5 billion) and purchased about ?3 billion worth of shares in the new Pakistani Islamic Bank.

    But, upon being served with processes in the suit, Atiku, through his lawyers, filed a counter-claim in which he queried Buhari’s competence and sought to compel the President to pay him damages in the sum of N200 billion.

    Atiku complained about what he called the rising insecurity in the country and the plight of victims of insurgents, democratic instability in the country and lopsided appointment in the country, which he blamed on the President.

    In a fresh motion by the plaintiffs, through their lawyer, Abdulrazaq Ahmed, they argued that Atiku’s counter-claim, in which he challenged Buhari’s capacity and performance in office as the President could only be sustained in a separate suit.

    The plaintiffs contended that Atiku ought to provide documentary evidence and proof to substantiate the false and defamatory claims made against Buhari and his family, “rather than leaving the substance to tackle the trash with a motion seeking to address an entirely different matter from the substantive suit.

    “The defendant/counter-claimers claims against the 1st plaintiff (Buhari) based or on the question of the 1st plaintiff’s capacity and or performance in the office as Executive President of the Federal Republic of Nigeria can only be sustained in a separate suit or proceeding filed by the defendant against the 1st plaintiff.”

    The plaintiffs are, in the suit seeking damages against Atiku to the tune of N40m.

    BCO, in its witness statement on oath deposed to by its Director of Communication and Strategic Planning, Mallam Gidado Ibrahim, stated that Atiku and his media aide allegedly engaged in smear campaign of calumny against Buhari by wilfully allowing and sponsoring the said purported defamatory and image-damaging statements to be published by some newspapers to members of the public.

    Justice Binta Mohammed has adjourned further proceedings till April 8 this year.

     

  • Police arraign woman for issuing dud cheque

    The Police on Thursday arraigned a 49-years-old woman Josephine Williams, in an Upper Area Court, Karmo, Abuja, for allegedly issuing out a dud cheque.

    Williams who was with her three children in court, was docked on charges bordering on criminal breach of trust and cheating.

    The Prosecutor, Ijeoma Ukagha, told the court that one Serge Dussou of Degok Hotel Gwarimpa, Abuja, reported the matter at the Area Command Police Station Life Camp, Abuja, on Jan. 18.

    Ukagha alleged that the defendant booked a room for N8, 000 daily on Sept. 7, 2018 but refused to pay for the accommodation since then.

    She said that the money accumulated to N1.5 million and on Feb. 15, she dishonestly gave him a cheque knowing there was no money in the account.

    The prosecutor said that the offences contravened Sections 312 and 322 of the Penal Code.
    The defendant, however, denied committing the offences.

    Mr F.I Nwodo, counsel to the defendant, applied for her bail on liberal terms.

    The Judge, Alhaji Inuwa Maiwada, however, gave bail to defendant in the sum of N1.5 million with one surety in like sum.

    He said the surety must be a Grade Level 10 officer in the federal civil service or a pastor with proves to show.

    Maiwada also said she should not go back to the hotel and should write an application to maintain peace.

    The case was adjourned until April 4, for further hearing.

    NAN

  • Court disqualifies Taraba APC candidate for alleged falsification of age

    The Federal High Court in Jalingo Wednesday disqualified the governorship candidate of the All Progressives Congress (APC) in Taraba State, Alhaji Sani Abubakar Danladi, from contesting the polls on Saturday over alleged falsification of age.

    The decision of the court followed a case instituted against Danladi, APC and the Independent National Electoral Commission (INEC) by Usman Udi, Joshua Paaku, George Geoffrey and Tanko Muslim Munkaila in suit number: FHC/JAL/CS/1/2019.

    The plaintiffs are said to be APC members who are aggrieved over Danladi’s “dubious emergence” as the party’s candidate.

    The plaintiffs’ lawyer, Imoukhuede Hope, Esq., via an originating summon, dated January 9, 2019, had sought a declaration that: “The information contained in the affidavit supporting the personal particulars that Sani Abubakar Danladi was born on the February 14, 1968 is in conflict with Sani Abubakar Danladi’s date of birth contained in his West African Senior School Certificate submitted to INEC by him which indicates that Sani Abubakar Danladi was born on 3rd April 1977”

    The litigants also sought another declaration that: “The information given by Sani Abubakar Danladi as to his age in the affidavit in support of his personal particulars in the INEC form CF001 submitted to INEC by him is false”.

    Their lawyer further sought an order of the court to disqualify the Taraba APC flag bearer (Danladi) from contesting the March 9, 2019 governorship poll.

    The Plaintiffs filed the suit pursuant to Section 31(5) and (6) of the Electoral Act 2010 which provides in section 31(5) that: “Any person who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by that candidate is false may file a suit at the Federal High Court, High Court of a state or FCT against such person seeking a declaration that the information contained in the affidavit is false.”

    31(6): “If the Court determines that any of the information contained in the affidavit or any document submitted by that candidate is false, the Court shall issue an order disqualifying the candidate from contesting the election”.

    Upon being served with the originating summons, Danladi, through his legal counsel, Yakubu Maikasuwa, Esq. filed a counter affidavit and a preliminary objection on January 30 seeking to strike out the suit on grounds that it was “a pre-election matter.”

    As the case was going on, Prof. Mohammed Sani Yahaya, a former Vice Chancellor of the Taraba State University who also contested the Taraba APC Governorship primaries, sought to join in the suit against Danladi.

    Prof. Yahaya, through his lawyer, P.D. Pius, Esq., prayed the Court to declare him as the lawful candidate of APC in Taraba state to contest the governorship polls.

    He argued that: “Danladi failed, neglected and/or refused to present legally valid and recognised evidence that he is educated up to school certificate level or its equivalent.

    “There is no record of any candidate with the name of Abubakar Sani Danladi at Bachama Primary School in 1979/84.”

    Justice Stephen Pam of the Federal High Court, in his judgement yesterday upheld the submissions of the plaintiffs. He ordered that “Danladi is disqualified from contesting the March 9, governorship election.”

    The state chairman of APC, Ibrahim Elsudi Tukur, said “the issue (of age falsification) had been taken to court in the year 2007 and was subsequently dismissed by the Appeal Court” and was not supposed to be admitted by a lower court again.

    He said they will appeal the judgment.

    The State INEC chairman, Baba Abba Yusuf, told reporters that the headquarters of INEC is expected to communicate to him on the judgment.

  • Court nullifies election of Yola APC Rep

    A federal high court sitting in Yola has ruled the All Progressives Congress (APC) did not field any candidate for Yola-North, Yola-South and Girei federal constituency.

    Delivering judgement on Wednesday, Justice Abdulaziz Anka, directed the Independent National Electoral Commission (INEC) to withdraw the certificate of return given to the APC candidate, Abdulra’uf Modibbo and issue it to the runners-up in the election, Jafar Ribadu of the People’s Democratic Party (PDP) because the APC primary elections that produced Abdilra’uf Modibbo was inconclusive.

    The counsel to the plaintiff, Barrister Yahaya Dangana, stated that consequent upon the conduct of the APC primary on the 7th of October 2018, the primary was adjudged to be inconclusive and a petition was written to the appeal committee of the APC that the primary be revisited.

    He added: “Instead of looking into it, the APC appeal committee went ahead and sat with the NWC and forwarded the name of one Abdurrauf as the candidate of the party.

    “Since there was a petition that was not addressed, we ran to the court to say that the primary which was inconclusive cannot produce a candidate, citing the case of APC vs Kari in Kano where the Supreme Court agreed that inconclusive primary cannot produce a candidate for any party.

    Read Also: Court disqualifies Taraba APC guber candidate

    “The effect of the judgement as the court directed is that if at all any certificate of return has been issued to the candidate of the APC said to have won the election, it should be withdrawn by INEC and issued to the candidate of the PDP being the runner-up in the general election.”

    The Counsel to the respondent, Barr. Samuel Atungm, said his client would respond appropriately.

    He explained: “There are certain aspects that we may cross appeal. There were preliminary objections we filed which the court upheld to the effect that there was alteration to the constitution by the National Assembly which stated that any aggrieved party who intends to go to court pursuant to section 87 of the Electoral Act must do same within 14 days. They did not do that.”

  • Dad drugged daughter to sleep with her, doctor tells court

    THE Ikeja Special Offences Court yesterday heard how a 35-year-old commercial motorcyclist, Emmanuel Idoko, usually drugged his 12-year-old daughter before sleeping with her.

    The court was told that he laced the girl’s drink with drug to make her sleepy before having carnal knowledge of her at their 35, Akewusola Street, Oworonsoki, Lagos home..

    A witness, Dr Alagbe Oyedeji, of the Mirabel Centre, Lagos State University Teaching Hospital (LASUTH), Ikeja, said the girl told him under examination how her father gave her soft drinks and ‘’I will fall asleep’’.

    The doctor was testifying in the charge preferred  against Idoko for the alleged sexual assault of his daughter.

    Oyedeji told Justice Sybil Nwaka that she came on referral to Mirabel by the Divisional Police Officer at Ketu Police Station on November 28, 2017.

    Led in evidence by the  prosecutor, A. O. Alagbe, of Lagos State Ministry of Justice, Oyedeji said the minor told him that her ordeal started in 2016 after she and her younger brother moved in with their father after their parents separated.

    “The victim told me that her father came home from work one day and told her that he had heard rumours that she was no longer a virgin, and that he wanted to examine her by inserting his fingers into her private parts to see whether she was still a virgin or not.

    “She said she became reluctant after her father told her that he wanted to use his manhood to test her virginity.

    “When she refused, he beat her severely. He later became very nice and every night after he returned from work, he would give her soft drinks, then she would fall asleep and he would have his way.”

    Oyedeji said when the minor started sleeping in school,  her class teacher asked her what happened and the girl narrated what her father had been doing to her.

    The teacher, he said, reported the matter to the Ketu Police Station and the defendant was arrested.

    “Upon examination of the victim’s private parts, it was discovered that it was reddened. Her urethra was also reddened.

    “I also discovered that her anal opening (anus) was loosened. There were also areas of laceration around the private parts and thighs. The injuries she sustained in her private parts and thighs showed recent and previous forceful penetration,” the doctor said.

    He said the test he conducted on the minor showed that she had been physically and sexually abused.

    Under cross-examination by the defence counsel, Adeyemi Adegbite, Oyedeji insisted that the defendant penetrated his daughter’s private parts with his fingers

    Justice Nwaka adjourned till April 3.

     

  • Court remands MD in prison over N58m shares fraud

    Justice Muslim Hassan of the Federal High Court 12, Ikoyi Lagos has remanded Brentonwoods Limited Managing Director, Mr. Samuel Adebanjo in prison custody over alleged fraudulent sale of a client’s shares.

    Adebanjo and his firm were dragged before the court on a two-count charge of fraud relating to illegal sale of shares of a client.

    When the case came up for hearing, Adebanjo pleaded not guilty to the charge and the court adjourned the matter to March 19, 2019 while the defendant is to be remanded in prison custody till the next adjourned date.

    According to the charges, Brentonwoods Limited and Samuel Adebanjo are alleged to have conspired within themselves to commit a felony to wit: defraud by selling and convert to their own personal use the proceeds of 537,872 shares of Nigeria Breweries Plc and 21,260 shares of Guinness Nigeria Plc all valued at N58.46 million belonging to the family of Akin Olugbade.

    They, therefore, committed an offence contrary to Section 516 of the Criminal Code Act, laws of the Federation of Nigeria 2004 and punishable under the same Section.  The offence was alleged to have been committed between 2004 and 2014 in Lagos.

    Authorities at the Nigerian capital market and law enforcement agencies have stepped up efforts to tackle the problem of unauthorised sale of client’s shares. The Nigerian Stock Exchange (NSE) recently launched an amendment to existing rules and regulations, which enables it to henceforth maintain a record to be known as “Blacklist” in which it will keep records of all corrupt persons and indicted officials who are deemed unfit to engage in stock market activities.

    In the new amendment, the NSE has now been mandated to formally open a “blacklist” for the purpose of records of corrupt persons. The amendment, approved by the Securities and Exchange Commission (SEC), strengthened the Exchange’s zero tolerance for infractions and places greater responsibility on all capital market operators.

    Those to be included in the “blacklist” included any person that the Exchange determines that he or she is no longer entitled to privileges, services, recognition or access to the Exchange and its facilities as well as those not permitted to deal or transact with or be employed by a dealing member or person.

    The rule applies to dealing member, an authorised clerk, an employee or director of a dealing member, a sub-broker, or any other capital market operator.

    A check indicated that about 90 per cent of the existing blacklisted persons were due to unauthorised sales of client’s shares. Other ranking crime was manipulation of the market or share prices.

    The Nation had recently reported that the Economic and Financial Crimes Commission (EFCC) was investigating about 35 fraud cases at the Nigerian capital market.

    Although the full details of the cases could not be disclosed due to legal confidentiality and ongoing investigations, a review of the preliminary findings indicated that most cases relate to fraudulent sale of clients’ shares and diversion of clients’ funds, impersonation and false representation of products and services.

    Already, EFCC is pursuing about five cases in court, in collaboration with the Nigerian capital market authorities. The anti-corruption agency had successfully prosecuted a case that led to a seven-year jail sentence and forfeiture of assets of a former managing director of a stockbroking firm.

    SEC and EFCC had earlier in January 2017 signed a Memorandum of Understanding (MoU) that formally established the alliance between the two Commissions. The MoU seeks to promote the efficient investigation and conclusion of all cases reported by either of the institutions to each other and to promote the integrity, efficiency and soundness of the Nigerian capital market and the economy in general.

  • Attempted suicide: Melaye docked, granted N5m bail

    Senator Dino Melaye was on Tuesday docked before an FCT High Court, Apo area of Abuja on a six-count charge, bordering on attempted suicide and attempt to escape from custody.

    Melaye, who represents Kogi West Senatorial District, was also charged of damage to police property.

    The senator however, denied committing the offences preferred against him.

    Justice Sylvanus Oriji said that he was aware that the court had granted bail to the defendant when he was arraigned before him on July 25, 2018 on the same charges.

    Oriji said that the earlier bail conditions, which included the sum of N5 million and two sureties in like sum were still valid and should be sustained in the current charges.

    In the earlier bail condition, Melaye was to produce two sureties who must be directors in the civil service, reside in the FCT, and depose to affidavits of means.

    Read Also: Melaye, Okorocha, Akpabio and Poll 2019

    The prosecuting counsel, Dr Alex Izinyon (SAN), told the court that the defendant committed the alleged offences on April 24.

    He said the defendant, while being conveyed in a police vehicle to Lokoja, allegedly forced his way out of the vehicle and attempted to escape.

    Izinyon said that the defendant held a substance in his hand and threatened to drink it to kill himself so that he would put the police officers in trouble.

    The prosecutor also said that the defendant broke the glass of the vehicle with his elbow and caused damage to police property.

    He said the offences contravened the provisions of Sections 148,153,173,231, 326 and 327 of the Penal Code.

    The counsel to the defendant, Chief Mike Ozekhome (SAN) was, however, not in court.

    The judge adjourned the case until April 5, for hearing.

    NAN

  • Court remands ex-convict over alleged theft

    A Kubwa Grade1 Area Court, Abuja, on Tuesday ordered the remand of 20-year-old ex- convict, Rabiu Abdullahi in prison for alleged theft.

    The judge, Ibrahim Balarabe, remanded the defendant and adjourned the matter until March 18 for ruling on his bail application.

    The defendant of Byanzhin, Kubwa, Abuja, was arraigned on a count charge of theft.

    Prosecutor Babajide Olanipekun, had told the court that one Nicholas Onyemehe, reported the matter at the Kubwa Police Station on Feb.16.

    He alleged that the defendant stole the complainant’s clothes valued at N5, 000, but was arrested as he attempted to escape from the scene.

    The prosecutor told the court that the defendant was an ex-convict, convicted and sentenced for a similar offence in the past.

    He said the offence contravened Section 287 of the Penal Code.

    The defendant denied committing the alleged offence.

    NAN

  • Court rejects suit seeking to disqualify Adamawa governor

    A High Court of the Federal Capital Territory (FCT) in Apo has dismissed a suit that sought to disqualify Adamawa State Governor Mohammed Jibrilla Bindow from contesting Saturday’s governorship election.

    The Incorporated Trustees of Kingdom Human Rights Foundation International had, in the suit, alleged that Bindow supplied false information to the Independent National Electoral Commission (INEC) in his INEC Form CF001 by purporting to have sat for the West African Examination Council (WAEC) in June 1983 and possess General Certificate of Education (GCE) issued by the examination body.

    The group, while urging the court to disqualify Bindow, accused him of falsely declaring his educational qualification and date of birth for the purpose of nomination/election into the office of Adamawa State Governor for the 2019 general elections.

    In a judgment yesterday, Justice Olukayode Adeniyi partially upheld the preliminary objection raised against the suit by the governor and declined jurisdiction.

    Justice Adeniyi held that the FCT High Court lacked the territorial jurisdiction to inquire into whether or not the information submitted by somebody who seeks to contest election in Adamawa State was false or not.

    The judge said since the information Bindow supplied to INEC were published in Adamawa State, as required under Section 31(3), the cause of action could be said to have accrued in Adamawa State.

    He said it was an abuse of court process and an act of “forum shopping” for the plaintiff to have travelled all the way to the FCT to challenge an alleged infraction that took place in Adamawa State, where available courts could have safely dealt with issues raised.

    The judge agreed with the plaintiff that it possessed the necessary legal right to institute the suit, although it is a corporate personality.

    He added: “It is, therefore, my position that the capacity of the claimant to pursue this case is provided in Section 31(5) of the Electoral Act, which says ‘any person’ but did not define the word ‘any person’.

    Relying on Section 18(1) of the Interpretation Act, the judge said: “This court is not in doubt that the claimant (plaintiff) qualifies as a corporate personality,” and proceeded to “hold that the claimant is vested with the legal capacity to institute this suit”.

    He, however, noted that there was a lacuna in the provision of Section 285(14) of the 4th Alteration to the Constitution, which limits the class of people, who can file pre-election cases to an aspirant and a political party.

    The judge noted that since Section 31(5) allows any person to sue where it is discovered that a candidate provide false information to INEC, Section 285(14) of the Constitution should be made to include other classes of people or institutions.

    He said the legislature should consider another amendment to Section 285(14) to extend the category of people to begin pre-election matters to accommodate the right granted any person under Section 31(5) of the Electoral Act

    The judge also held that the plaintiff made out a reasonable cause of action to entitle it to be heard by the court.

    Justice Adeniyi, however, held that the suit was statute barred because it was filed outside the 14 days provided under Section 285(9) of the Constitution.

    The judge noted that while INEC acknowledged the receipt of Bindow’s Form CF001 on October 25, 2018, the plaintiff filed the suit on December 12, 2018, a length of time which exceeded the 14 days provided under 285(9).

    Justice Adeniyi, having partially upheld the notice of objection and held that his court lacked the jurisdiction to hear the suit, proceeded to dismiss it.

    He, however, took time to consider the substantive suit. And after analysing all the evidences provided by the plaintiff, held that it failed to prove it’s allegation of certificate forgery and age falsification made against Bindow.

    The judge said the plaintiff claimed Bindow forged his academic certificate, but failed.

  • Court okays conduct of Alor community election

    AN Awka High Court has ordered the Electoral Committee of the Alor People’s Convention to conclude the process of electing its new executives.

    Justice Theophine Ugochukwu Oguji made the order while delivering judgment on a suit by Chief Uzoma Igbonwa and Ngozi Udodi, against Anambra State Government, the Inspector-General of Police, and others.

    The others are Anambra Attorney-General, Ephraim Agubalu, Okwuchukwu Ojukwu (both of whom were appointed as caretaker committee’s chairman and secretary), and Ichie Ezekwesili (for himself and on behalf of Regent Council of Alor).

    The plaintiffs challenged the disruption of the election and constitution of a caretaker committee by the state.

    The electoral committee was constituted in 2012 but the process was  disrupted.

    The court, after hearing the submission of the plaintiffs’ lawyers led by Ifeanyi Obiakor, ordered that judgment be entered in their favour.

    The first to fourth defendants were not represented by counsel despite being served with the suit.

    The judge ordered: “A declaration be and is hereby made that the  Inspector General of Police  and the Commissioner of Police Anambra State, first and second defendants herein  are not entitled by law to disrupt  a duly scheduled election of the executive committee of Alor  people’s  Convention  on the April 14, 2012  at the instigation or behest of the third and sixth defendants or at the instigation or behest of any other person or  person whatsoever.

    “A declaration be and is hereby made that the disruption of the elections of the executives of Alor People’s Convention on the 14th day of April 2012 and the restriction placed on the movement of the members of Alor people’s Convention by the Inspector General of Police and the Commissioner of Police, Anambra State without any justification whatsoever are not authorised by law and, therefore illegal.

    “A declaration be and is hereby made that the purported setting aside of the constitution of Alor People’s Convention 2011 duly adopted by the generality of Alor people on the 30th of December 2011 by the third and fourth defendants having regard to Section 40 of the 1999 Constitution as emended and Article 10 [1] and 11 of the African Charter on Human and Peoples Right on the rights to freedom of Assembly and Association of Alor people is invalid.

    “A declaration be and is hereby made that having regard to sections 36 and 40 of the 1999 Constitution of Nigeria [as amended], section 26(1) Fund for Rural Development Law Cap 54 laws of Anambra State 1999, the dissolution of the executive of Alor People’s Convention and the appointment of a caretaker committee via a letter dated 1st January 2012 but received on 1st February 2012 is illegal invalid and unconstitutional.

    “An order be and is hereby made directing the Electoral Committee of Alor People’s Convention constituted in 2012 to conclude the electoral process already set in motion for the election of the new executive committee for Alor People’s Convention but which process was unlawfully disrupted by the first and second defendants at the instigation or behest of the third to sixth defendants.

    “An order of perpetual injunction be and is hereby made restraining the fifth and sixth defendants and their cohorts from acting for or purporting to represent Alor People in any manner whatsoever, parading themselves as representing Alor People or carrying out or purporting to carry out any function of the executive of Alor Peoples’ Convention in any manner whatsoever.

    “An order be and his hereby made directing the seventh defendant and other members of Regency Council of Alor town to collaborate with the electoral committee and conduct a free and fair election of new executive of Alor People’s Convention.”