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Tag: Court

  • Court sacks Enugu APC senatorial candidate

    THE Federal High Court in Enugu has disqualified the Enugu East Senatorial candidate of the All Progressives Congress (APC), Prince Lawrence Eze.

    Justice Ibrahim Buba held that Eze was not the party’s nominated candidate.

    The suit, filed by Mrs. Adaku Ogbu-Aguocha, contended that having won the party’s primaries, she was the right candidate but her name was wrongfully substituted.

    Ogbu-Aguocha said the lot fell on her as the first runner-up when Mrs. Uche Ezemba stepped down after winning the primaries.

    She adduced evidences before the court that Eze was not even a member of the party when the primaries were conducted.

    Justice Buba agreed with the plaintiff and held that it was a case of ‘monkey dey work, baboon dey chop’.

    The court lambasted Eze, for laying claim to what never belonged to him.

    Justice Buba averred that there was overwhelming evidence that Eze was still a member of the Peoples Democratic Party (PDP), where he also contested the senatorial primaries.

    He, therefore, ordered that APC and the Independent National Electoral Commission (INEC) recognise Mrs. Adaku Ogbu-Aguocha as the rightful candidate for Saturday’s election.

    Mrs. Ogbu-Aguocha said the judgment showed that there was justice in Nigeria. “I can’t thank the judiciary enough for righting the wrong done to me and so many people in this country.

    “The judgment has affirmed what I always believed, which is that I’m the rightful candidate. Justice has been served today and I am very happy, I’m grateful to God.

    “I enjoin everybody in Enugu East APC to work together for our victory in Saturday’s election. I have been campaigning because I know I’m the rightful candidate, if not for the impunity in the system.

    “His candidacy is null and void, it never existed and that’s what the court held today.”

    But Eze’s lawyer, Ferdinand Ukwueze, said his client would appeal the judgment.

  • Man dies after police insist on N20, 000 for bail

    He died in the hospital- police

    A 45-year old man, Osifo Okeguare, has reportedly died in police cell at the Ekpoma Divisional Police headquarters in Esan West local government areas.

    It was gathered the police detained him after his family could not raise the N20, 000 demanded to release him on bail.

    An activist, Mr. Kola Edokpayi, alleged that the family raised N15, 000 but the IPO in charge of case insisted on keeping the deceased.

    But spokesman for the Edo Police Command, DSP Chidi Nwabuzor, said the late Osifo and one Richard Femi, on February 10, 2019, were arrested while attempting to steal a motorcycle where it was parked.

    Read Also: Mother, daughter in police net over baby theft

    DSP Nwabuzor said Osifo took ill while in police cell and was taken to the Eremosele hospital in Ekpoma for treatment where he later died.

    Nwabuzor said his corpse was deposited at the Iruekpen General hospital for autopsy examination.

    He appealed to members of the family to remain calm and law abiding until the autopsy examination is made known.

  • Court fixes March 7 for Buhari, Atiku libel battle

    A High Court of the Federal Capital Territory (FCT) has fixed March 7 for hearing in a libel suit by the Buhari Campaign Organisation (BCO) against Peoples Democratic Party (PDP) presidential candidate Alhaji Atiku Abubakar.

    Justice Binta Muhammed adjourned after the plaintiff’s counsel, Abdulrazaq Ahmed, sought time to reply to fresh processes served on him by Atiku’s lawyer, Ms Deborah Iniye Warrie.

    The plaintiff claimed that Atiku defamed President Muhammadu Buhari and his family when he (Atiku) allegedly stated that the President and his family own substantial shares in 9mobile and Keystone Bank.

    Before Justice Mohammed adjourned the case, Ahmed told the court that the defendants’ lawyer just served him with statement of defence, counter claim and a motion, seeking to strike out the suit on the grounds that the president’s support group is not a juristic person, having not been registered with the Corporate Affairs Commission (CAC).

    Ahmed said: “In line with Order 18, Rules 1 & 2 of the High Court, BCO is entitled to seven days within which to reply the defendants’ counter claims.”

    Warrie did not object to Ahmed’s request, following which the judge adjourned for hearing.

    The plaintiff, in its witness statement on oath made by its Director of Communication and Strategic Planning, Mallam Gidado Ibrahim, stated that, in a statement issued in Abuja last month by Atiku’s Special Assistant on Public Communication, Phrank Shaibu, it was alleged that the first family had acquired shares in Keystone Bank with total assets of $1.916 billion (equivalent to N307.5 billion) as well as buying about three billion worth of shares in the new Pakistani Islamic Bank.

    It argued that Atiku and his media aide allegedly engaged in smear campaign of calumny against the President and his family “by wilfully allowing and sponsoring the said purported defamatory and image-damaging statements made by the first defendant (Shaibu) to be published by some newspapers to members of the public”.

    The plaintiff wants the court to order Atiku and his party to pay N40million damages for alleged libel.

    It also wants the court to declare that “the first defendant (Phrank Shaibu) on behalf and for the 2nd defendant (Atiku) neglectfully, unlawfully and recklessly permitted and caused to be published in newspapers defamatory and damaging statements against the 1st plaintiff (President Buhari).”

    Atiku, in a18-paragraph statement of defence, argued that the suit is not properly constituted. He contended that what his aide said was in no way defamatory against Buhari, since it was a matter of public interest.

    Atiku, in a 53-paragraph counter-claim signed by his lawyers, led by Chukwuma-Machukwu Ume (SAN), is claiming N200 billion damages for killings that have occurred across the country, alleged caused by insurgents, high tension, democratic instability and lopsided appointments allegedly made by the President.

     

     

  • Court remands five for alleged kidnapping

    An Ikeja Chief Magistrates’ Court in Lagos State yesterday ordered that five men, who allegedly kidnapped two women and robbed them of their valuables, be remanded in Kirikiri Prison, pending legal advice from the Director of Public Prosecutions (DPP).

    Chief Magistrate Mrs. M. I. Dan-Oni, who gave the order, adjourned the case till February 25.

    The defendants – Elu Kenneth, 46; David Obioha, 29; Gift Ogbuji, 23; Lawrence Ndubuisi, 30 and Ugo Obu, 31, live at Igando, Lagos.

    They are facing a five-count charge bordering on kidnapping and armed robbery

    Prosecuting Inspector Victor Eruada had told the court that the defendants committed the offence on September 14 last year in Owerri, the Imo State capital.

    He alleged that the defendants abducted and detained Catherine Egwuonwu, her three children and Veronica Duru.

    Eruada said the defendants demanded N3 million each as ransom before they were released and the victims’ families paid.

    He alleged that the defendants also robbed Egwuonwu of her Toyota 4runner Sport Utility Vehicle (SUV) with number plate AAA-155 DW, valued at N3.5 million and Duru’s iPhone valued at N350,000, at gunpoint.

    “The accused were armed with AK 47 rifles and pump action rifles when they kidnapped and robbed the victims.”

    Eruada said the police recovered the vehicle from the defendants when they brought it to Lagos to sell.

  • Court asked to reverse INEC’s ban on campaigns

    The Federal High Court in Abuja has been asked to declare unlawful the decision by the Independent National Electoral Commission (INEC) that political parties could no longer campaign despite its postponement of elections.

    The request is contained in a suit marked: FHC/ABJ/CS/206/2019, filed by the Action People’s Party (APP).

    The plaintiff argued that by virtue of “the combined effect of the mandatory statutory provisions of Sections 99(1), 100(1) and 101(1) of the Electoral Act, 2010 (as Amended)” INEC could not validly bar campaigns by registered political parties for the 2019 general election before a period earlier than 24 hours prior to the date of the election”.

    It wants the court to determine, “Whether by Sections 99(1), 100(1) and 101(1) of the Electoral Act, 2010 (as Amended) the announcement, directive or order by INEC directing registered political parties, including the APP, to stop or end their campaign for the 2019 General Elections on February 14, 2019 for polls that will hold on February 23, 2019 is not ultra vires its powers, illegal, null, void and of no effect whatsoever”.

    Read Also: Court insists on Imo APC Exco’s legitimacy

    In the substantive suit, the plaintiff sought among others, “A declaration that INEC cannot issue any directive or make any order stopping, barring or ending campaign by registered political parties, including the APP, for the 2019 General Elections to a period other than 24 hours prior to the date of the elections;

    “A declaration that the announcement, directive or order by INEC directing political parties, including the APP, to stop or end their campaign for the 2019 General Elections on February 14, 2019 for polls that will hold on February 23, 2019 is ultra vires its powers, illegal, null, void and of no effect whatsoever; and

    “A declaration that in view of the postponement of the 2019 Presidential and National Assembly Elections till February 23, 2019, APP Party and indeed all registered political parties in Nigeria are legally entitled, pursuant to Sections 99(1), 100(1) and 101(1) of the Electoral Act, 2010 (as Amended), to resume forthwith and/or recommence campaign until February 21, 2019 been 24 hours prior the date of the election.”

    In an ex-parte application of urgency filed with the suit, the plaintiff wants an order of injunction restraining the defendant from stopping, ending or in any other manner whatsoever giving effect to the directive or order purported ending or stopping campaign by political parties for the 2019 general elections on February 14, 2019 pending the hearing and determination of the substantive suit.”

    The suit, filed on Monday, is yet to be assigned for hearing.

  • Court remands dismissed police officer

    A Wuse Zone 6 Magistrates’ Court, Abuja, yesterday ordered that a dismissed police officer, Ishaya Amos, be remanded in prison custody for alleged unlawful possession of 930 AK-47 ammunition.

    The Magistrate, Mr. Ahmad Ndajiwo, who gave the order, said the defendant should be remanded until March 13 for hearing of the case.

    Amos of CTU Barracks, Bukuru, Jos, is charged with unlawful possession of AK-47 ammunition, unlawful dealing in ammunition, unlawful sale of Ak-47 ammunition and joint act.

    The defendant, however, pleaded not guilty.

    Read also: ’Labour won’t accept retrenchment over new minimum wage’

    Prosecutor G. N Jinalimba had told the court that on September 28, 2017, the Inspector General of Police received information that Amos, a police officer attached to CTU Base 2, Jos, illegally had in his possession 930 AK-47 ammunition.

    He was allegedly arrested with the bullets which he was going to sell to Jubrin Mamuda.

    The prosecutor said during police investigations it was discovered that the defendant had allegedly sold 750 of the ammunition to Mamuda previously.

  • Mum in court for ‘burning son with iron’

    A 31-year-old woman, Shaki Adebayo, who allegedly burnt her 12-year-old son with iron, has been arraigned at a Tinubu Chief Magistrates’ Court.

    The defendant pleaded not guilty.

    Prosecuting Sergeant Hafsat Ajibode said the defendant committed the offence on February 10, at about 3pm, at her home.

    She alleged that the defendant, a mother of three, assaulted her 12-year-old eldest child, by burning him with iron for not returning from an errand in time.

    “Adebayo claimed that she sent her son on an errand since about 9am and he returned at about 4pm.

    “She inflicted injury on the boy with hot pressing iron out of anger for the boy’s irresponsible act.

    Read also: Salesman accused of stealing pure water

    “A neighbour, who was aware of the defendant’s maltreatment towards her three children, forced the door open when she heard the boy’s screams and cries.

    “When she saw how badly the boy’s body was burnt, she came to the station to report the defendant, which led to her arrest,” Ajibode said.

    Chief Magistrate Tajudeen Elias granted the accused N50,000 bail with one surety, who must be a relative of the defendant.

    The case continues on March 13.

     

  • Alleged N411m Fraud: Court remands bank manager in prison

    A Federal High Court in Ikoyi, Lagos, has ordered the remand of a former manager of Ecobank, Ifeanyi Chukwu for allegedly defrauding the bank’s customers of N411million.

    Azike, who was handed over to the police by the investigative unit of the bank was arraigned before Justice Ayotunde Faji on Thursday, by the Special Fraud Unit (SFU) of the Nigeria Police Force (NPF).

    He is facing a three-count charge bordering on obtaining money under false pretence, false representation and fraud.

    In a charge marked, FHC/L/56c/2019, the police alleged that between 2016 and 2017, Azike fraudulently obtained N150 million from a customer of Ecobank Nigeria under false pretence of buying him Federal Government Treasury Bill in his bank.

    Read Also: Court jails fake cosmetics producer 15 months

    Azike was also alleged to have forged the bank customer’s signature, picture and letter of Instruction which he used in opening another parallel account as Ikenna Okafor Kelvin with account number: 5333063028.

    He was also alleged to have, without the consent of the bank, fraudulently converted the sum of N411 million belonging to the bank to his personal use.

    The defendant, however, pleaded not guilty to the charge.

    Following his plea, police prosecutor, ASP Daniel Apochi urged the court to remand him in prison pending trial.

    Justice Faji granted his request and ordered that the defendant be remanded in prison till of March 8, 2019 when his bail application would be heard.

  • Breaking: Court grants former SGF Lawal, two others N50m bail

    The former Secretary to the Government of the Federation (SGF), Babachir Lawal and three others, who were charged with N544 million fraud were on Wednesday granted a N50 million bail each.

    Justice Jude Okeke of an FCT High Court Maitama, who gave the ruling, said the prosecution could not provide any proof to make the court not to grant bail.

    “The evidential burden is more on the prosecution to prove that the defendants are not entitled to enjoy section 36 (5) of the 1999 Constitution of the Federation Republic of Nigeria as amended.

    “Section 162 of the Administration of Criminal Justice Act, 2015 the prosecution cited said bail shall be granted except in some circumstances which the prosecution could not establish,’’ he held.

    Okeke admitted them to bail in the sum of N50 million and a surety in like sum each.

    He insisted that the surety must be resident in Abuja and must provide residential address to the court.

    In addition to that, the judge ordered that the surety must own a landed property with the land documents submitted to the court.

    Okeke also ordered the defendants to deposit their international passports and traveling documents to the Registrar of the court.

    The former SGF was arraigned alongside Hamidu Lawal, a director in his company, Sulaiman Abubakar, staff in the company and Apeh Monday.

    Also joined were two companies, Rholavision Engineering Limited and Josmon Technologies Limited.

    The Economic and Financial Crimes Commission (EFCC) dragged them to court on a 10-count charge bordering on conspiracy and unlawful award of contract to companies Lawal has interest at the sum of N544 million.

    Lawal was accused of benefiting illegally from the approval of N544,119,925.36 for the removal of invasive plant species and simplified irrigation.

    The EFCC alleged that Babachir Lawal being the SGF and Hamidu Lawal, director of Rholavision Engineering Limited and Abubakar, staff about March 7, 2016 at Abuja conspired to commit the offences.

    EFCC said the defendants fraudulently acquired a property, contrary to Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act, 2000.

    Read Also: Alleged N544m fraud: Court remands ex-SGF Lawal, others

    It also alleged that Babachir Lawal knowingly held indirectly a private interest in the consultancy contract awarded to Rholavision Engineering Limited for the removal of invasive plant species and simplified irrigation to the tune of N7 million and N6.4 million.

    EFCC claimed that it was done through the Presidential Initiative for North East (PINE).

    It further alleged that on March 4, and Aug. 22, 2016 contract for removing evasive grass worth N272.5 million and N258.1 million respectively were awarded to Josmon technologies but executed by Rholavision.

    The offences are contrary to Section 12 of the Corrupt Practices and Other Related Offences Act, 2000.

    They all pleaded not guilty to the charges.

    The case has been adjourned till March 18 for commencement of trail.

  • Alleged N544m fraud: Court remands ex-SGF Lawal, others

    A HIGH Court of the Federal Capital Territory (FCT) in Maitama, Abuja yesterday ordered that former Secretary to the Government of the Federation Babachir Lawal and three others be remanded in the custody of the Economic and Financial Crimes Commission (EFCC) pending its ruling on his bail application today.

    The court gave the order after Lawal, his brother, Hamidu David Lawal, Sulaiman Abubakar and Apeh John Monday and two companies – Rholavision Engineering Ltd and Josmon Technologies Limited – were arraigned on a 10-count charge brought against them by the EFCC, and in which they were accused of involvement in N272 million contract fraud.

    The alleged fraud was said to be in relation to contracts awarded by the Presidential Initiative for North East (PINE) for the removal of grasses in Internally Displaced Persons (IDP) camps, which the ex-SGF allegedly diverted to the companies in which he has interest.

    The defendants pleaded not guilty when the charge was read to them, following which the prosecuting lawyer, M.S. Abubakar, asked for the “shortest date” for the beginning of trial.

    At that point, lawyer to Lawal, Akin Olujinmi (SAN),  informed the court about his client’s pending bail application.

    He said: “In anticipation of arraignment, the defence filed application dated February 7, 2019, seeking the order of the court to grant bail on liberal terms

    “He never jumped bail since April 13, 2018, when he was released by the EFCC on administrative bail, and has been reporting to the EFCC based on the conditions given to him.

    “He never breached his bail conditions, even when he was given his international passport to travel for medical check-up.

    “The defendant will not run away and has no way of jeopardising investigation since it has been concluded.

    “I, therefore, urge your lordship to grant him bail on self-recognisance or on liberal terms,” Olujinmi said.

    Lawyer to the second defendant, Sunday Ameh (SAN), also prayed the court to admit his client to bail on liberal terms, pending the determination of the case.

    Napoleon Idenala and Ocholi Okutepa, who represented  the third and fourth defendants, equally urged the court to exercise its discretion in their clients’ favour and grant them bail on liberal terms.

    In his response, Abubakar urged Justice Jude Okeke to refuse the bail applications and order that the matter proceed without delay in the spirit of Section 19(2)(b) of the EFCC Establishment Act 2004 and Section 397 of the Administration of Criminal Justice Act 2015.

    After entertaining arguments from parties, Justice Okeke fixed ruling for today and ordered that the defendants be remanded in EFCC’s  custody.