The Nation Newspaper

Tag: Court

  • Court reserves verdict on admissibility of evidence against Jang

    Justice Daniel Longji of the Plateau State High Court yesterday reserved ruling on the admissibility or otherwise in court of a Zenith Bank statement in the trial of former Plateau State Governor Jonah David Jang.

    The former governor is standing trial in a 12-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC) for allegedly misappropriating over N6.3 billion two months to the end of his tenure in 2015.

    At the resumed hearing of the case in Jos, the state capital, EFCC’s lawyer Rotimi Jacobs (SAN) sought to tender a Zenith Bank statement before the court through its prosecution witness (PW), Mr Emmanuel Kapanjang.

    But defence lawyer Mike Ozekhome (SAN) objected to the move.

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    In his submission, the EFCC counsel urged the court to admit the bank statement as evidence.

    The lawyer argued that the witness, a Senior Assistant Manager with Zenith Bank, was in a good position to testify on its content, having managed the account of the second accused person, Mr Yusuf Pam, a former Cashier in the Office of the Secretary to the State Government (SSG) under Jang’s administration.

    But Ozekhome, who cited several legal documents in his objection, questioned the whereabouts of the signatories to the bank statement.

    He said: “My lord, although the document appears to be the original, there is no foundation for the prosecution counsel to seek to tender it through the witness, whose name is not on it, neither does he know the content. This is a direct assault on sections 83 and 84 of the Evidence Act. I, therefore, urge the court to reject the document.”

    After taking arguments from both counsel, Justice Longji reserved ruling on the matter till today.

     

  • Court stops demolition of Ondo property

    The High Court of Justice in Ore Ondo State, has granted an order of interim injunction restraining Governor Oluwarotimi Akeredolu and four other defendants from demolishing a property on Ore-Ondo road, Odigbo Local Government Area, pending the hearing and determination of the suit.

    Other defendants are Commissioner for Physical Planning and Urban Development, his counterpart in the Ministry of Lands and Housing, the Commissioner of Police and Attorney-General/Commissioner for Justice.

    The Ondo State government is presently embarking on road construction across the state, especially in Ore, which would affect many buildings.

    The motion ex-parte on the enrolment order was brought by the claimants – Isaven Nigeria Limited and Isaiah Adetuwo – pursuant to order 39 rule 1 and 2 of the High Court of Ondo State (Civil Procedure) rule 2012, Section 6(6) of the 1999 Constitution and inherent powers of the High Court.

    The government, through the Ministry of Physical Planning and Urban Development, had issued a quit notice, dated November 21, with five days ultimatum, which lapsed on November 26, for the claimants to vacate the structure.

    However, the property is said to be covered by a Certificate of Occupancy and registered on May 7, 2010 in Akure, the state capital, on page 57, Volume 856 of the Land Registry record.

    In the affidavit in support of motion on notice, one of the claimants, Isaiah Adetuwo, said the landed property accommodates a petrol station, a storey building shopping complex, administrative building with a Lube bay and vacant parking space for goods and vehicle trades. According to him, the said property were developed after approval of the building plans by the Ministry of Works, Land and Housing.

    Adetuwo said they have been enjoying peaceful possession of the land for more than 30 years until November 19 when the defendants, through their agents, came to tell them that the land had been acquired orally.

    He said: “On November 21, fierce-looking mobile police officers fully armed invaded the land and ordered us to vacate the property before November 26, 2018”.

    The claimant said the invasion has caused him serious hypertensive symptoms, stressing that all occupants and tenants have been demanding the refund of rents already collected from them because of alleged threats to force them out of the premises.

  • Court orders destruction of 14 containers of Tramadol

    A LAGOS Federal High Court yesterday ordered the Nigerian Customs Service (NCS) to destroy 14 containers loaded with a banned drug, Tramadol.

    The drug was confiscated at the Apapa Wharf in Lagos on February 20 and September 28.

    Justice Saliu Saidu made the ex parte order following an application by NCS’ counsel, Mr. Bisi Ogunlowo.

    The judge held: “I have listened to the submission of the counsel and gone through the affidavit in support of the application and the written address and the attached exhibits.

    “The application is hereby granted as prayed.”

    In an affidavit in support of the application deposed to by Dabaj U. H, an Assistant Comptroller of Customs (AC) and an officer in the NCS’ Legal Section, Apapa Area Command, the applicant averred that the Tramadol and other items were intercepted on February 20 and September 28.

    The deponents said: “Besides smuggling and fraudulent evasion of duty, some of the defaulters brought in unlawful and prohibited items, which are so classified by the Customs Law and provisions.”

    Dabaj said because of the severity of the penalty and sanction attached to the offence, “the smugglers and the defaulter along with their collaborators, have refused and/or failed to come forward to claim the goods, most of which are Tramadol, from the Nigeria Customs Services, thereby abandoning same to date.”

     

  • Court to Nigerian Breweries: include retirement policy in handbook

    The National Industrial Court of Nigeria, sitting in Lagos, has directed the Nigerian Breweries Plc to include its early retirement policy in its Staff Handbook.

    Justice Nelson Ogbuanya of the court directed the firm to specify the pre-qualification, notice period and severance package, in order to avoid litigations on the policy.

    A former Export Services Manager, Bala Muhammed, claimed that N5,331,715.00 was wrongfully deducted from his severance package when he opted for early retirement under the company’s Early Retirement Policy.

    The company, however, insisted that the deduction was valid as it represented the sum equivalent to five months’ salary in lieu of his early retirement notice.

    The Nigerian Breweries said Muhammed was not entitled to full payment of the severance package without such deduction under the policy.

    Delivering judgment, Justice Ogbuanya, upon reviewing evidence and submissions of counsel for both parties, awarded a sum equivalent to three months to the claimant.

    The sum is for the notice period established in evidence for exercise of termination right by an employee of Muhammed’s status.

    “I find that there is no comprehensive policy document maintained by the defendant company evidencing the key aspects of the Early Retirement Policy, such as qualifying conditions, notice period and severance packages.

    “The ‘Exhibit CB5’ (handbook) is not helpful in this regard. It is this kind of anomaly that triggers needless litigation (as in the instant case), and capable of brewing industrial disharmony,” Justice Ogbuanya held.

    It was the judge’s considered view that best practice of labour relations entails that “such vital policy of a corporate organisation of the size of the defendant with retinue of workforce should not be left in doubt and hazy conjecture of its existence and practice”.

    Justice Ogbuanya held that: “It sould be unequivocally and clearly written in the major employment relations documents, such as the HR policy document of the company as well as the employee handbook.

    “Accordingly, I take this opportunity to direct the defendant to take immediate steps to include and incorporate in the defendant’s HR policy and employee handbook the entitlement conditions and packages for early retirement as well as the exit notice period as expressed in the memo dated 20th October 2014, Ref.ERM.1222/2285 issued by the Head, Employee Relations. I so hold.”

  • Police arraign truck driver for manslaughter

    A 45-year-old truck driver, Semiu Akanni, who allegedly drove recklessly and killed a motorcycle passenger, appeared on Monday in an Ikeja Magistrates’ Court, Lagos. The police charged Akanni, who resides at Abeokuta, with manslaughter.

    The Police Prosecutor, Sgt. Innocent Odugbo told the court that the accused committed the offence on Nov. 14 at 7.00 a. m. at Agbotikuyo Road, Agege, Lagos

    Odugbo said the accused recklessly drove a Volvo truck  with Reg. No.BOG276XA and hit the motorcyclist and his passenger, killing Wasiu Oladunjoke.

    Read Also:Police kill five robbery suspects

    The offence, he said, contravened Section 18 of the Lagos State Traffic Laws, 2015 .The accused, however, pleaded not guilty to the charge.

    In her ruling, the Chief Magistrate, Mrs S. K. Matepo, admitted the accused to bail in the sum of N500, 000 with two sureties in like sum.

    Matepo ordered that the sureties must be gainfully employed and must provide evidence of three years tax payment to the Lagos State Government.

    In addition, she ordered that the sureties must be blood relations of the accused and should reside within the court’s jurisdiction.

    The case was adjourned until Jan. 9 for mention.

    (NAN)

  • Clearing agent docked over N3.8m fraud

    A 43-year-old clearing agent, Babagana Shetima, who allegedly obtained N3.8 million on false pretence, on Monday appeared before an Apapa Chief Magistrates‘ Court, Lagos.

    Shetima, who resides at Apapa area of Lagos, is facing a two-count charge of stealing and obtaining money under false pretences.

    The Prosecutor, Insp. Ferdinand Asu, told the court that the accused committed the offences sometime in August, at Apapa Port, Lagos.

    Asu said that the accused fraudulently obtained the sum of N3.8 million from the complainant, Bello Aminu, to help him clear a container from Apapa Port.

    He said that the accused did not clear the container as promised and also refused to refund the complainant’s money when asked to do so.

    Read Also:Man remanded for alleged N.5m fraud

    The prosecutor said that the offences contravened Sections 287 and 314 of the Criminal Laws of Lagos State, 2015.

    The accused pleaded not guilty to the charge.

    Section 287 prescribes three years imprisonment for stealing, while Section 314 stipulates 15-year jail term for obtaining by false pretence, if convicted.

    The Chief Magistrate, Mr Michael Olubi, granted the accused bail in the sum of N1 million with two sureties in like sum.

    Olubi said that the sureties must be gainfully employed and should show evidence of two years’ tax payment to the Lagos State Government.

    He adjourned the case until Dec. 12 for mention.

    (NAN)

  • Court remands fake Army officer in Ilorin

    An Ilorin Magistrates’ Court in Kwara State yesterday ordered the remand of Alade Dayo in Oke-kura prisons for alleged impersonation as a soldier.

    Magistrate Mrs. E. K. Abu gave the order as the accused is facing a four-count charge of impersonation, criminal trespass, assault and intimidation.

    She adjourned the case till December 5 for further mention.

    Prosecutor Abideen Oderinde had told the court that the case was transferred from ‘B’ Divisional Police Headquarters, Surulere in Ilorin, to the Criminal Intelligence and Investigation Department, Ilorin for investigation.

    He said the complainant, Peace Simon of Victory Hotel, Agbo-oba Area, Ilorin alleged that the accused went to Victory Hotel and introduced himself as an Army officer and also took away a bottle of beer that she kept on the table.

    Oderinde alleged that the accused beat up the complainant, when she challenged him for stealing her bottle of beer.

    The prosecutor said during police interrogation, the accused confessed to the crime and also confessed that he had military uniform and other military kits in his possession.

    He said other items recovered from the accused were military belt, T-shirts and military identification card bearing his name and passport.

    The prosecutor said investigation conducted at the CIID showed that the accused was not a member of the Nigeria Army, but a notorious criminal who specialised in impersonating government agencies to terrorise innocent Nigerians.

    He said the offence contravened sections 324, 384, 266 and 399 of the penal code law.

    The accused person pleaded not guilty.

     

     

     

  • Court jails fake EFCC operative eight years

    The Borno State High Court sitting in Maiduguri yesterday sentenced Babakura Mustapha to eight years’ imprisonment for impersonation and obtaining money under false pretence.

    The presiding judge, Justice Aisha Kumaliya, said the offence is contrary to and punishable under Section 132 of the Penal Code Law Cap 102, Laws of Borno State.

    The convict was arraigned on June 6 and he pleaded not guilty.

    Prosecution counsel Khalid Sanusi presented three witnesses and tendered one exhibit marked exhibit A1-A4.

    Mustapha had allegedly posed as an official of the Economic and Financial Crimes Commission (EFCC) with the name “Mr. Kola” and in the assumed similar capacity, presented himself to Mamman Bukar as the operative handling ‘a case’ purportedly against him (Bukar).

    One of the count charges reads: “That you, Babakura Mustapha sometime in June 2017 in Maiduguri, Borno State, within the jurisdiction of this honourable court, falsely impersonated an official of the Economic and Financial Crimes Commission (EFCC) and in such assumed character; you presented yourself to Mamman Bukar, bearing a fictitious name, Mr. Kola and pretended to be handling his case at the EFCC and thereby committed an offence contrary to and punishable under Section 132 of the Penal Code Law Cap 102,Laws of Borno State.”

    Delivering judgment, Justice Kumaliya sentenced the convict on the first count of the charge to one year imprisonment or an option of fine in the sum of N50,000. On count two, the convict was sentenced to seven years’ imprisonment without an option of fine.

    “The convict should pay N100,000 for impersonation and N800,000  to the complainant,” she said.

    The defence counsel pleaded with the court to temper justice with mercy, “as the convict is a first time offender and has a family.”

     

     

  • My husband says spirits complain about my hair, wife tells court

    A 28-year-old businesswoman, Lola Ologuntere on Wednesday urged an Iyana-Ipaja Customary Court to dissolve her two-year-old marriage to Niyi, over alleged fetish lifestyle and incessant complaints on the part of her estranged husband.

    The petitioner, who resides in, Ishefun Iyana-Ipaja, a Lagos suburb, told the court that her husband sprayed perfume into her nostrils while she was pregnant.

    “My husband told me that his family complained about my not covering my hair whenever he wants to make love to me.

    “Before we got married, my husband was homeless. He used to sleep in a mosque at Oshodi. After we got married, he rented an apartment with no other tenants and electricity.

    “I was the only one staying in the whole compound.

    “My husband used to spray perfume. I told him I hate perfume odour because of my condition, but he would not heed to my complaints.

    “One day, I wanted to sleep in his room but he told me he was having a special prayer and that the spirits in the house were complaining that I did not cover my hair.

    “I wanted him to make love to me the following day but he angrily sprayed perfume into my nostrils, pushed me out of the room pulling my hair.

    “He always complained that I do not cover my hair. He is a Muslim, while I am a Christian. I am a make-up artist. How will I, advertise my business to my customers when my hair is covered,’’ she said.The petitioner said that her husband is fetish.

     

    Read Also: I can no longer feed my family, Metuh tells court

     

    “My husband is fetish. When I was in labour I needed to be operated on, my husband said I should leave the hospital and come back home so that he would do a special prayer that would enable me have normal delivery.

    “My sister saw a white thread, one black thread, a gourd and a key in one travel bag after I gave birth. I am sure it was my husband that put them there because no one else stays with us.

    “Please separate us, let us go our different ways,’’ she begged the court.

    Niyi, 40, a contractor, denied being fetish, but admitted that spirits complained to him about his wife’s refusal to cover her hair.

    “ I am not fetish. My wife played music whenever I prayed. She disturbed my prayers. From what I was taught, the angelic spirits curse any woman who does not cover her hair.

    “I use perfume which I bought from her. My wife is very dirty. She cannot sweep, wash plates or clothes.

    “She would not sweep her room. She would bring dirty clothes to my room. I did the sweeping.“I stayed in a separate room because I did not want her to litter my room with her dirty clothes.“My wife is very rude to me and my parents. I do not want her in my life anymore,’’ he said.

     

    The President of the court, Prince Adegoke Adewale urged both parties to maintain peace and adjourned the case until Dec. 4 for further hearing.

     

    (NAN)

  • Pensioners drag Nasarawa Government to court over entitlements

    No fewer than 1, 189 pensioners on Wednesday sued the Nasarawa State Government  before the National Industrial Court of Nigeria (NICN), Makurdi, over nonpayment of gratuity and pension arrears.

     

    Addressing the court, counsel to the claimants (pensioners), Mr Sunday Okpale, said that his clients were being paid monthly pensions in percentages since September 2016.

    Read Also: Ondo Pensioners hail Akeredolu

     

    The counsel said that the case was scheduled for hearing, but the respondents – the state government, the state pensions board and the board’s director-general – were not represented in court.

     

    He, therefore, prayed the court to grant summary judgment in the case to compel the government to pay his clients the balance of their entitlements.

    Justice Salish Danjida adjourned the case until Feb. 11, 2019, for summary judgment

    NAN