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Tag: Court

  • Court remands 3 over armed robbery in Kaduna

    A Kaduna Chief Magistrates’ Court, on Thursday, ordered the remand of three men in Prison over alleged armed robbery, unlawful possession of firearms and criminal conspiracy.

    The pleas of the accused, Amos Samuel, 32, Moses Kenneth, 25, and Friday Daniel, 35, were not taken.

    The Magistrate, Mrs Zainab Mohammed said the accused should remain behind bars pending the advice of the State Director of Public Prosecutions (DPP).

    Mohammed adjourned the case until Feb. 11.

    The Prosecutor, Insp. Sunday Baba, told the court that the offences were committed on Jan. 5, at about 5 p.m along Zaria Road, Kaduna State.

    Read Also: Kaduna APC leaders assure Buhari of over 90% votes

    Baba alleged that the accused were responsible for the various robbery faced by motorists plying the Zaria Road in Kaduna State.

    He said the accused were armed with dangerous weapons like cutlasses, knives, axe, charms and four clubs with nails when they were caught.

    The prosecutor added that during police operation, a locally made pistol was also recovered from the accused.
    He said the offences contravened Section 6 (a) and 27 (1) of the Robbery and Firearms Act, 2004.

  • Updated: CJN’s trial: court restates order stopping CCT, AGF, others

    A Federal High Court in Abuja on Thursday restated its order restraining the Attorney General of the Federation (AGF), the Code of Conduct Tribunal (CCT) and some others from proceeding with the planned arraignment of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Justice Evelyn Maha restated the order on Thursday at the resumed hearing of the suits brought by two groups, who are challenging the propriety of the charge brought against the CJN before the CCT by the Code of Conduct Bureau (CCB).

    The first suit, marked FHC/ABJ/CS/27/2019 was filed by the Incorporated ‎Trustees of the Centre for Justice and Peace Initiative (CJPI), while the second, marked FHC/ABJ/CS/28/2019 was by the Incorporated ‎Trustees of the International Association of Students Economists and Management (IASEM).

    Listed as defendants, in the first suit, are the Attorney-General of the Federation (AGF), CCT Chairman, the National Judicial Council (NJC), the Inspector-General of Police (IGP) and President of the Senate.

    The second suit has, as defendants, the AGF, the CCT Chair, the CCT, the CCB, the Chairman of CCB, and the IGP.
    When the first case was called on Thursday, plaintiff’s lawyer, Rafiu Lawal-Rabana (SAN) said the court had, at the last proceedings on January 14, 2019, adjourned to January 17 for hearing of the plaintiff’s motion on notice.

    Read Also: Why CJN must face trial, by APC

    Lawal-Rabana said all the defendants have been served with the processes filed by the plaintiff and the enrolled order of the court’s ex-parte ruling of January 14, 2019. He said it was only the Senate President that has not been served.

    Lawal-Rabana sought a short adjournment to enable the plaintiff serve the Senate President as required.

    Lawyer to the 4th defendant, National Judicial Council (NJC), Garba Tetengi (SAN) said his client was served.

    Tetengi, who represented the only defendant that turned up in court on Thursday, said he would not object to the request for a short adjournment.

    Ruling, Justice Maha ordered proper service of the court processes on the defendants.

    The judge restated the January 14 order on parties to maintain status quo and adjourned to January 28 for hearing.

    Justice Maha equally adjourned the second case to January 28.

     

     

  • Man bags eight years for duping Chinese of $222,633

    An Igbosere High Court in Lagos has sentenced a businessman, Chike Obiakor, to eight years imprisonment for defrauding a Chinese manufacturer, Davis Jin Guoshi, of $222,633.

    Justice Sendoten Ogunsanya convicted Obiakor and his firm CNC Industries Ltd of obtaining the sum under false pretence from Guoshi, the Managing Director of a luggage manufacturing firm, Shanghai Sumlo, in 2012.

    She sentenced Obiakor to one-year imprisonment for stealing, and seven years for obtaining money by false pretence.

    The sentences will run concurrently, meaning that Obiakor will spend seven years in jail.

    The judge noted that both offences contravened sections 273 and 285 0f the Criminal Law of Lagos State, 2011.

    She said the Economic and Financial Crimes Commission (EFCC) “proved by cogent and credible evidence the guilt of the Defendants beyond reasonable doubt” two of the three-count charge.

    Justice Ogunsanya said: “The totality of the evidence by the parties show that the defence is an afterthought to cover up the fact that the defendants wanted to obtain goods by false pretence.

    “This is a very cowardly and wicked act on behalf of the first defendant who was invited to China, hosted and accommodated by the complainant, yet chose to repay him with evil despite his plea that his house was about to be sold and sister-in-law had to serve a prison sentence. The defendant ignored his plight and failed, refused or neglected to pay him his money.”

    She directed the prosecutor to recover the money from Obiakor.

    The judge said:”The EFCC is ordered to ensure that the sum of $222,633 is recovered from the property of the defendants and paid to the petitioner Mr. Jin Guoshi.”

    Justice Ogunsanya also held that the EFCC did not prove a count of issuance of dishonoured cheque against Obiakor.

    Prior to the sentencing, Obiakor pleaded for a soft landing.

    But Justice Ogunsanya disregarded his plea.

    The judge held: “I have listened to the attocutus of the defendant counsel to temper justice with mercy. He is a business man with no criminal record.

    “It is people like the defendant that have given Nigerian businessmen a bad name and a distasteful reputation internationally such that every genuine Nigerian is viewed as a potential crook.”

    The EFCC arraigned the defendant on June 7, 2018 on an amended charge dated May 25, 2018.

    It said following Obiakor’s failure to secure a visa to China, he met Guoshi in London and firmed up a luggage supply agreement, whereby Obiakor would sell Shanghai Sumlo luggages in Nigeria and send the proceeds to the Chinese company.

    Obiakor took delivery of two containers of luggages in lagos, sold them and paid the manufacturer.
    Guoshi took a loan to finance the manufacture of the 16 containers of luggages which Obiakor requested for next, but the Nigerian failed to send the proceeds of the sale, totalling $222,633.

    Guoshi was forced to sell his house in China to raise money to repay his loan, but it was not enough.
    He approached his Porter’s wife, who was also his sister-in-law, for a loan. She didn’t have, but obtained a bank loan and handed the money to him.

    Following his failure to repay her, his sister-in-law was arrested by Chinese police, prosecuted, convicted and sentenced to three-and-half years imprisonment.

    Two years later in 2012, Guoshi arrived in Nigeria and visited Obiakor’s warehouse unannounced. He found that Obiakor had long sold 80 percent of the goods.

    In his defence, Obiakor claimed that some of the goods were defective and returned by customers.
    But the judge observed that he provided no evidence for his claim.

  • Court dismisses Adebutu’s suit against Kashamu

    A Federal Capital Territory High Court yesterday dismissed a suit by a member of the House of Representatives, Oladipupo Adebutu, against the emergence of Senator Buruji Kashamu as the governorship candidate of the Peoples Democratic Party (PDP) in Ogun State for the March 2 governorship election.

    In a judgment, Justice Ajoke Adepoju held that Adebutu, who was nominated by the National Working Committee (NWC) of PDP for the governorship election, could not maintain his suit against the defendants because the primary election that produced him (Adebutu) was conducted in violation of a subsisting court judgment.

    Adebutu had, by the suit marked: FCT/FT/CV/29/2018, challenged the refusal of the Independent National Electoral Commission (INEC) to accept his candidacy.

    Justice Adepoju was of the view that the PDP NWC acted in bad faith by disregarding a subsisting judgment of a Federal High Court to produce the candidate.

    Justice Adepoju said since PDP was a party in the judgment given by Justice Ibrahim Buba (of the Federal High Court), the judgment of the court was binding on it and must be obeyed and respected so as to protect the sanctity of court in the interest of the rule of law.

    The judge noted that it was the party’s (PDP’s) NWC that has the power to conduct governorship primary election, but said the NWC, in exercising such power, must not act in violation of any court judgment.

    Justice Adepoju said the PDP NWC cannot hold valid primary election without a recourse to the Ogun State chapter of the party or outright approval of the party until the judgment against it by Justice Buba has been set aside by a higher court.

    The judge held that Adebutu’s suit cannot be maintained to declare him a governorship candidate because the PDP NWC, which conducted the primary election that produced him, acted in violation of a judgment of a Federal High Court delivered by Justice  Buba.

    Justice Adepoju said she arrived at the conclusion because of the need to ensure the protection of the sanctity of the court and its judgments by parties or individuals.

    She noted that the PDP did not do well by disobeying the judgment of Justice Buba with the way it conducted its primary election in Ogun State last year.

  • FG arraigns Okupe over alleged N702m fraud

    Former presidential spokesman, Doyin Okupe was on Monday arraigned before a Federal High Court in Abuja 59-count charge brought against him by the Economic and Financial Crimes Commission (EFCC).

    Okupe, who was spokesman to ex-President Olusegun Obasanjo and Senior Special Assistant to ex-President Goodluck Jonathan, is charged with “money laundering and criminal diversion of funds” to the tune of N702million.

    He was arraigned, with two companies, Value Trust Investment Limited and Abrahams Telecoms Limited before Justice Ijeoma Ojukwu.

    One of the counts reads: “That you, Dr. Doyin Okupe, being the Senior Special Assistant to President Goodluck Jonathan from July 2012 to May 2015, and being the Managing Director/Chief Executive Officer, and a signatory to the bank account of Abrahams Telecoms Ltd, on or about the 3rd October, 2014 in Abuja within the jurisdiction of this Honourable Court, directly took possession or control of the sum of N35 million, transferred to the account of Abrahams Telecoms Ltd from the account of the Office of the National Security Adviser with the Central Bank of Nigeria purporting to be for special services when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity.”

    Read Also: Kano court strikes out suit against PDP guber candidate

    Okupe pleaded not guilty when the charge was read by an official of the court, following which the prosecution lawyer, Ibrahim Audu, asked for a date for the commencement of trial.
    Defence lawyer, Tolu Babaleiye argued the bail application he filed, dated December 17, 2018.

    Babaleiye urged the court to admit the defendant to bail on self recognizance and that he will not jump bail as he is well known.

    Responding, Audu argued that the defendant was given administrative bail after he volunteered his statement thereafter, he was nowhere to be found until December 2018 in Lagos.

    He added that there was nothing substantial in the defendant’s affidavit. He added that there is nothing to show that the medical certificate is authentic and nothing to show it meets the requirements of the evidence act as it was electronically generated.

    Audu said: “The court should exercise its discretion judicially and judiciously based on materials supplied before the court.”

    He urged the court to take into consideration, “the gravity of the punishment in the event of conviction on the charges brought against the defendant”.

    After listening to both lawyers, Justice Ojukwu granted bail to Okupe at N100 million with one surety in the same amount.

    Justice Ojukwu said: “The surety must be resident within the jurisdiction of the court, and must depose to an affidavit of means, must have landed properties which must also be within the jurisdiction of the court.

    The surety must submit to the court tax clearance papers from 2016 to 2018, also have recent passport photograph. The surety and defendant must deposit their international passport to the court. The documents are to be deposited with the Deputy Chief Registrar Litigation of the court.”
    The judge adjourned to February 27, 28 and March 6, 2019 for trial.

  • I don’t know why I killed my lovely sons, says father

    Mr. Uwaila Idehen, who killed his 28- year- old wife, Maureen and two sons, has expressed regrets over his action.

    His sons were Dereck ,3, and Desmond 2.

    The 35-year-old Idehen, said the minor misunderstanding he had with his late wife had been resolved but he didn’t understand why he still killed them.

    He spoke to newsmen when he was paraded at the headquarters of the Edo Police Command.

    Uwaila, a tipper driver, said he has been married to his wife for ten years but he was still accused of infidelity.

    His six- year- old daughter narrowly escaped death even though she was in the same room with her siblings and mother.

    The victims were lying on the bed while the lucky daughter was sleeping on the ground when the father fired the fatal shot through a locked door.

    A quarrel was said to have ensued on Sunday morning in which the woman reportedly told the suspect she would also date other men since her husband was unrepentant.

    Uwaila drove out of the house and came back to kill his wife and sons.

    According to him: “I don’t know what happened. I didn’t intend to do it. They are my lovely children. How can I lose two children at the same time?

    Read Also: We sold missing Edo sisters for N.5m each, says suspect

    “We have been married for ten years. We have a minor issue. I do not know how the gun exploded. I bought the gun six years ago.

    “Some boys that came to ransack my house took the bag containing the license for the gun.”

    Police Commissioner, Hakeem Odumosun, said Idehen shot his victims with English- made doubled- barrelled gun over a mere misunderstanding.

    He said the gun has been recovered and the suspect would soon be charged to court.

  • Judge halts FG’s planned trial of CJN

    Justice Evelyn Maha of the Federal High Court, Abuja has halted the planned trial of the Chief Justice of Nigeria ( CJN ), Justice Walter Onnghen before the Code of Conduct Tribunal (CCT) on charges of non-declaration of assets.

    Justice Maha, while ruling on two ex-parte applications on Monday, ordered parties to maintain the status quo.

    The judge ordered parties not to take any further steps in respect of the trial until January 17 when all parties to both suits are to return.

    Justice Maha also ordered the service of court”s documents in relation to the substantive suits on the defendants and adjourned to January 17 this year for parties to appear for possible hearing.

    Read Also: CJN shuns CCT, queries its jurisdiction

    The first suit, marked FHC/ABJ/CS/27/2019 was filed by the Incorporated ‎Trustees of the Centre for Justice and Peace Initiative (CJPI), while the second, marked FHC/ABJ/CS/28/2019 was by the Incorporated ‎Trustees of the International Association of Students Economists and Management (IASEM).

    Listed as defendants, in the first suit, are the Attorney-General of the Federation (AGF), CCT Chairman, the National Judicial Council (NJC), the Inspector-General of Police (IGP) and President of the Senate.

    The second suit has, as defendants, the AGF, the CCT Chair, the CCT, the CCB, the Chairman of CCB, and the IGP.

    R. A. Lawal-Rabana (SAN) argued the ex-parte motion filed with the first suit, while Jeph Njikonye argued the ex-parte filed with the second suit.

    Details later.

  • Man in court over theft of N4m property

    A 46-year-old man, Allen Macaulay, was on Monday arraigned before a Chief Magistrates Court in Port Harcourt, Rivers State for alleged theft.

    Macaulay, a businessman allegedly stole marine equipment valued at over N4m, property of Fymark marine and oil services company Nigeria Limited.

    A document obtained from the court alleged that the suspect committed the offence at the company premises at the Government Reservation Area(GRA) of Port Harcourt, in March, 17.

    He pleaded not guilty to the two-count charge of theft and unlawful conversion of properties slammed on him and was granted bail with a surety.

     

    Granting the suspect bail, the presiding magistrate Sokari Andrew-Jaja said the surety must be a renown businessman or a worker in the rank of manager in a reputable company who must be resident in Port Harcourt and must present evidence of tax payment of the last three years and must deposit a cash sum of N300,000 with the registrar of the court.

    Macaulay was represented by in the court by a lawyer.

    The case was adjourned till February 6, for hearing.

  • 955 persons charged to FRSC mobile courts

    The Federal Road Safety Corps ( FRSC ) said no fewer than 955 persons were arraigned in its mobile courts for various offences across the country in 2018.

    Corps Public Education Officer, Mr Bisi Kazeem, made this known in an interview with News Agency of Nigeria in Abuja, on Monday.

    Kazeem said that the corps had over 201 courts nationwide and that it was part of its “Operation Zero Tolerance for Road Traffic Crashes” campaign.

    “In 2018, in the operation zero tolerance period, a total of 955 offenders were arraigned as against 442 in the same period in 2017.

    “Out of the arraigned offenders, nine were sentenced to prison while 89 were discharged and acquitted during the period in 2018,” he said.

    He also said that in December, 2018, 350 offenders were referred to government established medical facilities for Emotional Stability Test.

    “The prevalent offences that were committed by the offenders are route violation, dangerous driving, light sign violation and use of phone while driving.”

    Kazeem said that the number of road traffic crashes recorded in 2018 was 8, 221, involving a total of 60,050 people.

    He added that the corps had put in place proactive measures, including inauguration of the Inter-Ministerial Committee on Safety of Haulage Operations in Nigeria, to reduce crashes in the country.

    “The committee comprises of critical stakeholders in the transport sector like NARTO, NURTW, RTEAN, NUPENG PTD, traffic agencies among others.”

    The spokesman said that the committee was saddled with the mandate of curbing crashes involving tankers and other articulated vehicles on the highways.

    “Suffice to state that the establishment of the Operation Cobra team by the Corps Marshal, Mr Boboye Oyeyemi, is also a step in the right direction.”

  • $8.1b MTN fine: Court adopts settlement terms as judgment

    The Federal High Court in Lagos yesterday adopted the settlement terms in a suit by MTN Nigeria Communications Limited against the Federal Government.

    MTN challenged the $8,134,312,397.63 demanded from it by the Central Bank of Nigeria (CBN) over alleged forex remittance infractions.

    But the telecoms firm prayed the court to restrain the CBN and the Attorney-General of the Federation (AGF) from imposing punitive sanctions against it.

    The CBN accused MTN Nigeria of improper dividend repatriations and demanded that $8.1 billion be returned “to the coffers of the CBN”.

    Yesterday, MTN’s lawyer, Chief Wole Olanipekun Senior Advocates of Nigeria (SAN), who led other SANs Mr Damian Dodo, Fabian Ajokwu and Adeniyi Adegbonmire, told Justice Saliu Saidu that parties have resolved the dispute amicably.

    He said the terms of settlement were filed last December 28.

    CBN’s counsel Henry Ejiofor confirmed the out-of-court settlement by the parties.

    He urged the court to enter the terms of settlement as judgment.

    The AGF, represented Olanike Idenu, did not oppose the settlement proposal.

    He asked that his client’s name be struck out from the suit.

    Justice Saidu thanked the parties for not wasting judicial time by going through the rigour of a trial.

    He adopted the terms of settlement terms as the judgment of court and struck out the AGF’s name from the suit.

    The Federal Government accused MTN of unpaid taxes on foreign payments and imports, asking it to pay approximately $2 billion in relation to the taxes.

    According to the CBN, MTN and four banks – Standard Chartered Bank, Citi Bank, Stanbic IBTC Bank and Diamond Bank – deliberately flouted the “laws and regulations…including the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, 1995 and the Foreign Exchange Manual, 2006.”

    The banks allegedly colluded with MTN, using irregular Certificates of Capital Importation (CCI), to illegally remit foreign exchange abroad.

    The four banks were slammed a combined N5.87 billion fine.

    MTN had denied the allegations and subsequently filed the suit.

    It sought a declaration that it was “not liable to refund $8,134,312,397.63 to the coffers of the first defendant (CBN) premised on the decisions reached in the first defendant’s letter of 28/8/2018.”

    It is prayed the court to declare that “the first defendant’s decision in its letter of August 28, 2018 with Ref No GBD/GOV/COM/DGF/118/121 addressed to the plaintiff and titled: “Investigation into the remittance of foreign exchange on the basis of the illegal capital importation certificates issued to MTN Nigeria Communications Limited’ was reached in breach of the plaintiff’s right to fair hearing.”

    The plaintiff urged Justice Saidu to hold that CBN “lacks the power to determine the civil obligations or penal liabilities of the plaintiff.”

    It also prayed the court to declare that CBN acted ultra vires (outside) its statutory powers when it wrote the August 18 letter to it demanding a refund of $8.1 billion.

    MTN urged the court to hold that the $8.1billion demand was “illegal, oppressive, abusive, unauthorised and unconstitutional.”

    It also urged the court to void the September 3, 2018 letter written to it by the AGF demanding $8.1billion as “penalties for the offence of ‘infraction of forex remittances’.”

    MTN prayed for an order “restraining the first and second defendants from giving effect to the decisions, demands and directives in their letters of August 28, 2018 and September 3, 2018, respectively.”

    But, the CBN, in its statement of defence and counter-claim,  urged the court to dismiss MTN’s suit for lacking in merit.

    It insisted that the plaintiff must refund the $8.1billion to the Federal Government.