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Tag: Court

  • Court affirms reversal of Kashamu, others’ suspension by PDP

    •Party’s power to discipline erring members upheld

    A High Court of the Federal Capital Territory (FCT) in Apo, Abuja, has insisted on its reversal of the Peoples Democratic Party’s (PDP’s) expulsion of Senator Buruji Kashamu and some other members of the party.

    Delivering judgment yesterday, Justice Valentine Ashi averred that although the PDP, by its constitution, has the power to reprimand or take disciplinary measures against erring members, including to bar or expel such members, but it must observe due process while exercising such power.

    The PDP, earlier this year, announced its expulsion of Senator Kashamu (Ogun East and now the party’s governorship candidate in the state) and the state Chairman, Adebayo Dayo, through a letter, dated August 1.

    But in a ruling on October 10, Justice Ashi set aside the expulsion and held that purported expulsion was unlawful.

    The judge held that it was done in flagrant disobedience of a subsisting order of the court made on December 7, last year, which was restated on January 9, directing parties not to do anything to jeopardise the hearing of the pending case brought against Kashamu, Dayo and two others by the PDP.

    The judge delivered the verdict in a suit in which the party prayed the court to, among others, hold that it has the power to discipline its erring members.

    Justice Ashi recalled that he earlier set aside the defendants’ suspension on the grounds that it was done without due process and during the pendency of the suit.

    The judge granted the first two prayers by the plaintiff, which relate to its power to reprimand erring members, but added that granting them did not reverse the court’s earlier decision voiding the expulsion.

    Read also: PDP hails courts validation of Kashamu’s expulsion

    He said: “The decision to suspend the defendants was nullified because it was taken during the pendency of the suit, which suspension this court had reversed in an earlier ruling.

    “That the plaintiff’s first and second reliefs succeed is not to say that the ruling has been reversed. Parties are to revert to the status quo before the suspension. The plaintiff is at liberty to exercise its disciplinary powers, but with due process.”

    He declined to pronounce judgment on the plaintiff’s other reliefs, including the prayers for restraining injunctions against the defendants to prevent them from taking steps to disrupt the PDP’s non-elective convention last held by the party.

    The judge said the reliefs were no longer virile because they had been overtaken by event, since the convention had been held.

     

  • Court restrains Kogi governor, Assembly from removing CJ

    The High Court of Justice at Koton-Karfe in Kogi State, presided over by Justice Alaba Omolaye-Ajileye, has restrained the governor and the House of Assembly from removing the Chief Judge (CJ), Justice Nasir Ajanah and the Chief Registrar of the High Court of the state, Yahaya Adamu.

    It also restrained their agents or privies from acting or threatening to act or interfering in any way detrimental to the interest of the two judicial officers in their duties pending the hearing and determination of the motion on notice before the court.

    The court also restrained the defendants from acting on or accepting, debating or taking cognisance, in any way, of the Report of the Ad Hoc Committee set up by the House of Assembly to investigate an alleged “impasse” between the Judicial and Executive arms of the government of Kogi State.

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    These interim orders were made in an ex-parte application brought by Yemi Mohammed on behalf of the CJ and the Chief Registrar.

    Delivering ruling on the application, Justice Omolaye-Ajileye held that on the strength of the facts contained in the affidavit in support of the motion and the attached documents, an urgent intervention of the court was required “to maintain the status quo ante bellum between the parties, lest the claimants/applicants be clogged with a fait accompli”.

    He ordered that the processes of the action be served on all the parties and adjourned the matter till December 18 for the hearing of the substantive motion.

     

  • Court okays nullified Rivers APC congresses

    An Appeal panel in Port Harcourt,  Rivers State capital, yesterday, struck out the three appeals by factional Chairman of the All Progressives Congress (APC) Ojukaye Flag Amachree, challenging the October 10 judgment of a High court on the outcome of the party’s congresses.

    Twenty-three aggrieved APC members, who protested their exclusion from the ward, council, and state congresses, approached the court to stop the perceived illegal exercise from holding.

    They filed the suit under the name Ibrahim Umar and 22 others versus APC.

    In the originating summons, the plaintiffs were granted the prayer they sought because Justice Chinwendu Nwogu, of the State High Court, issued an order stopping the congresses.

    But the APC ignored the order and conducted the exercise, which later produced Amachree and others as executives.

    The Amachree-led executive conducted primaries on September which produced Tonye Cole as the party’s governorship candidate.

    But the court, in an October 10 judgment, voided the congresses and outcome of their primary, including the election of Cole, on the grounds of disobedience to the court order.

    Amachree appealed and the judgment was nullified.

    But Ibrahim Umar and 22 others moved to the Supreme Court, which voided the Appeal Court’s judgment and asked for a repeat.

    Parties requested a special panel to hear the retrial, and president of the Appeal Court constituted a three-man panel, chaired by Justice Abubakar Yahaya.

    The suits were struck out yesterday on the grounds of incompetence. The court held that being a pre-election matter, the appeal was filed out of time and it was statute-barred.

    Another is a joinder application by Pastor Cole and 48 others (being purported candidates of APC, who emerged through the voided indirect primaries). This application was dismissed on the grounds that one could not appeal a matter he was not party to, especially when that person was in serial contempt of court.

    Also, the one by Ojukaye Flag-Amachree and others (representing the party exco in Rivers, who emerged through the congresses in defiance of a valid court order) was dismissed on same grounds.

    Justice Yayaha said the appeal lacked competence. According to him, the appeal against the Justice Nwogu judgment lacked merit.

    He said the application for a joinder failed to observe the 14 days’ rules of Appeal.

    On the substantive suit, the judge ruled that the Ojukaye faction failed to seek leave of court before appealing the judgment.

    Justice Yahaya ruled that the judgment delivered at the lower court was a consent judgment, adding that  the Ojukaye faction should have done the needful legally before approaching the court.

    He said: “This matter is between one party. What is going to happen when it is between separate parties? This is politics, and we are brothers of the same house and we are throwing stones on each other. Please, let’s reconcile and settle this.”

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    Counsel to the 23, Patrick Luke, said: “The first was an appeal against the October 10 judgment of the High Court. After listening to our arguments, the court dismissed that appeal because they filed their appeal outside the terms provided by the Constitution, and they ought to file that appeal within 14 days upon delivery of judgment by the lower court. But they filed the appeal 25 days later through the status bar, and it was accordingly dismissed by the Court of Appeal today.

    “The other two matters were based on application for joinder. Also, the two applications were also struck out for lack of merit. The implication is that the October 10 judgment is valid, subsisting, sacred and inviolable.”

    Counsel to the applicant, Emenike Ebete, corroborated Luke, saying: “Today, the court of Appeal’s special panel held three appeals against the High Court of Rivers State, 281 and 282, which were applications by the candidates against the lower court’s October 10 judgment. Arguments were taken but the court held that in Appeal 461, that is the substantive appeal, that the consent judgment of the High Court, and by provision of the constitution, we ought to have sort leave of court to appeal against that consent judgement. That is their decision and they struck it out, saying we should come back and do the proper thing by seeking leave of court.

    “The one for the candidates and the state excos were dismissed on the grounds that it was a pre-election matter, that we did not bring the application within 14 days after decision was delivered on October 10. What that means is that we will approach the Supreme Court to contest that.”

  • Court settles Ondo market leadership tussle

    An Akure High Court has dismissed a suit filed by a popular businesswoman, Mrs Ruth Olowookere (aka Madam Do-Good), to stop the installation of Mrs Iwalola Adefemiwa as the Head of Market Women (Iyaoloja-General) in the state by the National Traders and Market Leaders Council of Nigeria (NATMAC).

    The court, presided over by Justice Olabode Adegbehingbe, held that it was illegal and an abuse of court process for Mrs Olowookere and Alhaji Idowu Alonge, who are claimants to institute multiple cases over the same leadership issue of the state chapter of NATMAC.

    Counsel to the claimants, Morakinyo Ogele, filed the suit, seeking a perpetual injunction and an order restraining the Ondo State government, the governor, the Attorney-General and some leaders of NATMAC.

    Other leaders of the union include Mrs Nike Omoyajowo, Mrs Bose Abidakun, Mrs Bose Giwa, Mrs Aina Oso (President-General of NATMAC) and Alhaja O. Aminat.

    But in a counter-application dated October 30, the lead counsel to the defendants, Femi Emodamori prayed the court to dismiss the suit for constituting an abuse of court process.

    Emodamori said: “The claimants/respondents, on September 12, filed suit against the fourth defendant (Adefemiwa) to ninth defendants (other NATMAC leaders) in this case before the same court seeking the same reliefs contained in the instant suit against them in respect of the same subject-matter in the instant suit.

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    “The suit was/is still pending as at the time the claimants/respondents filed the instant suit on September 26 and/or up till the time of filing this application.

    “The claimants/respondents, in filing the instant suit, merely added the first to third defendants/respondents as parties. But in the entirety of their averments in the statement of claim, they never alleged any wrongdoing against the first to third defendants/ respondents in relation to the subject-matter of this suit.

    “Consequently, the claimants did not seek any main or principal relief against the first to third defendants/respondents.”

    Justice Adegbehingbe agreed with Emodamori’s arguments and struck out the suit for constituting an abuse of court process.

     

  • Two appear in court for alleged burglary, theft

    Two men, Segun Dahunsi, 35, and Moses Agboye, 34, yesterday appeared before an Okitipupa Chief Magistrates’ Court in Ondo State for alleged burglary and theft of valuables worth N315, 000.

    The duo, a commercial motorcyclist and a carpenter of no fixed addresses, are standing trial on a three-count -charge of felony, burglary and stealing.

    Prosecutor Ayodeji Omoyeigha told the court that the defendants on October 27 around 6am, at 6, Omosekeji Street, Okitipupa, conspired to commit felony.

    He said the defendants burgled the house of Achenna Azubike and stole one Itel 1515 camera phone valued at N27, 000 and a yellow fever vaccine card valued at N288, 000; totaling N315, 000, property of Azubike.

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    The prosecutor said the defendants committed offences contrary to and punishable under sections 516, 411 and 390 (9) of Criminal Code, Cap. 37, Vol. 1, Laws of Ondo State, 2006.

    The defendants pleaded not guilty.

    The Chief Magistrate, Mr Dickson Ogunfuyi, granted the defendants bail in the sum of N200, 000, each and a surety each in like sum.

    He said the sureties, who must be resident within the court jurisdiction, must also present evidence of one year tax clearance as part of the bail conditions.

    Ogunfuyi adjourned the case till December 21 for further hearing.

     

  • Court remands teenager for alleged theft

    A Chief Magistrates’ Court in Sokoto, yesterday remanded a 19-year-old carpenter, Abdulmalik Abubakar, who allegedly stole 15 yards of Brocade valued at N105, 000 and N200, 000 cash.

    The police charged Abubakar with house trespass and theft.

    Chief Magistrate Nuraddeen Bello, who gave the order, adjourned the case till December 19 for further mention.

    Prosecutor Monday Kennedy had told the court that the case was reported at the Ungwuan Rogo Police Station, Sokoto by the complainant on Decemmber 6.

    Kennedy alleged that Abubakar broke into the house of Alhaji Bilyaminu Shehu at the Tudun Wada area of Sokoto and stole N200, 000 cash, 15 yards of brocade valued at N105, 000 and two phones.

    The prosecutor said the offence contravened sections 97, 349, 288 of the Penal Code.

    After the charges were read to him, the accused pleaded not guilty.

     

     

  • Court: Prophet Ayorinde must face trial over alleged dud cheque

    An Ikeja High Court yesterday declared that a Lagos prophet, Samson Ayorinde of the World Evangelism Bible Church, must face trial over the alleged issuance of N118 million dud cheque.

    Justice Yetunde Adesanya, in a ruling, dismissed the fundamental rights application filed by the Registered Trustees of World Evangelism Incorporated alongside Prophet Ayorinde and Rev. Harold Chinoyerem of the same church, seeking to restrain the Nigeria Police from arresting them over alleged issuance of N118 million dud cheque.

    The court held that the Police could not be restrained from inviting, arresting and detaining the applicant in the course of its investigation.

    The judge held that restraining the law enforcement agency from arresting a person alleged to have committed an offence amounted to abuse of judicial power.

    Ayorinde and other applicants had instituted a fundamental rights suit marked D/6724MFHR/2018 before the court seeking a declaration that their harassment, intimidation, threat of arrest, detention and invitation by the police at the instance of some people was violation of the fundamental rights to personal liberty as guaranteed under sections 34 and 35 of the constitution.

    The suit was filed through their lawyer, Emmanuel B. Benjamin.

    The respondents are Mr. Oludare, Amos Aturamu, Mrs. Kemi Adesanya, Smart Link Property Services, Lagos State Commissioner of Police, Deputy Commissioner of Police (DCP) in-charge of State Criminal Intelligence and Investigation Department (SCIID), Panti, Lagos, officer in-charge of Assistant Commissioner Section, and SP Alhaji Aminu of SCIID, Panti, Lagos as first to seventh respondents.

    The prophet and others are also asking the court to restrain the police, their agents, privies and servants from inviting, arresting, detaining, harassing and molesting or any manner infringing on their rights and an order restraining the police from publishing their names in any police bulletin or any medium for the purpose of declaring them wanted.

    The applicants prayed the court to order the police to pay them N4 million as compensation for breach of their fundamental rights

    However, the police in an affidavit filed before the court, urged the court to dismiss the suit.

    Counsel to the Police, Mr. Samsideen Adebesin, averred in the affidavit that the police received a petition from Aturamu, Adesanya and Smart Link Services, wherein they alleged that Ayorinde obtained a loan of N30 million from them sometime in August 2016 for the expansion of his church, with the promise that the loan would be refunded within two months with interest rate of 30 per cent.

    The police added that in the petition, the petitioners alleged that not quite long after the loan was granted to Ayorinde,  he travelled out for medical vacation to attend to his health, only to return to the country in July 2017.

    The police averred that when Ayorinde could not repay the loan, the interest rate was reduced to 22.5 per cent as a mark of good gesture by the petitioners.

    The police also stated that Ayorinde was being investigated on a criminal complaint of issuance of dud cheques and upon receiving the complaint Ayorinde did not present himself to the police.

    Rather, it said sometime in August 2017, Ayorinde volunteered a statement in reaction to the allegation against him and he was granted administrative bail.

    However, contrary to the applicant’s claim, the judge held that “on the totality of the foregoing that there has been no harassment, intimidation, threat of arrest or detention of the applicants.

    “I must also find and hold that the police cannot be restrained from inviting, arresting (where necessary) and detaining the first and third applicants in the course of its investigation as prescribed by law”, the court held.

     

  • Court remands Okada rider for ‘robbery’

    A 30-year-old Okada rider, Babangida Haruna, was yesterday remanded in prison custody by an Ikeja Magistrates’ Court for alleged robbery.

    Haruna and others at large were arraigned before Magistrate S.K. Matepo on a two- count charge of conspiracy and robbery by the police.

    Prosecutor Sergeant A. Odugbo told the court that the defendant committed the alleged offence on November 11 about 1:30hrs on LASU Igando Road, Ojo Lagos.

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    Haruna, who lives at 7th Avenue, FESTAC Town Lagos, pleaded not guilty when the charge was read.

    Odugbo alleged that the defendant with others at large armed themselves with a gun and a cutlass and robbed Samsideen Yusuf of N200,000.

    Magistrate Matepo ordered that the defendant be remanded in prison pending the Director of Public Prosecutions’ (DPP’s) advice.

    She adjourned the matter till January 31.

     

  • Court dismisses Evans’ suit challenging his detention

    The Court of Appeal, Lagos Division, yesterday dismissed a fundamental rights enforcement appeal filed by suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans.

    Evans, in the twilight of his arrest and detention, approached a Federal High Court in Lagos, challenging his arrest and alleged detention beyond the time allowed by law, his continued detention without trial or arraignment within the time allowed by law and his subjection to media trial by the police.

    But on January 16, 2018, Justice Abdulazeez Anka held that Evans’ claims were not meritorious.

    Read also: ‘Why kidnap attempt on Young Shall Grow Motors boss by Evans failed’

    Dissatisfied, Evans, through his counsel, Mr. Olukoya Ogungbeje, filed a notice of appeal dated January 29, 2018.

    But the Police, through its counsel, Inspector Emmanuel Eze of the State Intelligence and Criminal Investigation Department (SICID), Panti, Yaba, Lagos, opposed him.

    Yesterday, a three-man panel of the appellate court, in a unanimous ruling delivered by Justice A.U. Ogakwu, upheld the lower court’s decision,

    “The appeal lacks merit and is hereby dismissed with no order of cost,” Justice Ogakwu held.

     

  • Court discharges, acquits ex- banker charged with N3.6m fraud

    A Wuse Zone II Magistrates’ Court, Abuja, on Thursday discharged and acquitted a micrifinance bank worker, Mola Oluwatobi, 25, charged with N3.6 million fraud.

    The police charged Oluwatobi with criminal breach of trust and cheating in 2017.

    Chief Magistrate Azubike Okeagu in his judgment said ” for failure of prosecutor to discharge the burden of proof placed on him by the law.

    “The prosecution did not satisfactorily establish that the defendant is culpable for the offence she was charged with, I hereby enter a verdict of not guilty, for her”, he said.

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    He also said based on the evidence before the court which showed the failure of the prosecution to prove the charge of breach of trust and cheating against the defendant beyond reasonable doubt,

    ” The defendant is hereby discharged and acquitted of the charges”, Okeagu ruled.

    Ebie Eugene, the defence counsel, raised a sole issue to be determined as” whether the prosecution has proved its case beyond reasonable doubt as required by evidence Act, 2011 to justify the conviction of my client”.

    The prosecutor, Adeniyi Oyeyemi told alleged that the defendant who was a staff of LAPO Microfinance Bank, was arraigned in 2017, for allegedly defrauding the bank to the tune of N3.6 million.

    The prosecutor told the court that the manager of the bank reported the matter at the Wuse Zone 3 Police Station.

    Oyeyemi alleged that instead of the defendant to remit money deposited by some of the bank’s customers, she misappropriated the money.

    The defendant denied committing the offence.

    Oyeyemi said the offence contravened the provisions of sections 312 and 322 of the Penal Code.