The Nation Newspaper

Tag: Court

  • Man appears in court for theft

    A 56-year-old man, Samuel Chung, on Wednesday, appeared before an Upper Area Court in Kabong, Jos for alleged theft of a vehicle; Mitsubishi canter.

    Chung, a resident of Kwang Village in Jos South Local Government Area of Plateau, is facing a four-count charge of breach of trust, theft, misappropriation and cheating.

    According to the Police Prosecutor, Ezekiel Galadima, the victim, Mr Gyang Dakwak of No.1 Du way Rayfield Jos, reported the case at the A Division Police Station on Nov. 22.

    Galadima told the court that the accused was employed as a chief mason by the victim and was given a Mitsubishi canter valued N1.8 million.

    Read Also: Man, 30, in court over alleged theft of government bicycle

    He said that the accused sold the vehicle for one million naira without the consent of the owner and used the money for his personal needs.

    The prosecutor added that the offence contravened Sections 312, 287, 309 and 322 of the Penal Code.The accused, however, pleaded not guilty to the charge.

    The judge, Mr Nanlang Dashe, granted the accused bail in the sum of N200, 000 with a surety in like sum.

    Dashe said the surety must reside within the jurisdiction of the court and submit his driver’s licence or permanent voter card to the court.

    He, however, adjourned the case until Nov. 30 for mention.

    NAN

  • Court denies OAU sex-for-marks lecturer bail

    A Federal High Court in Osogbo, Osun State, yesterday refused to grant bail to a former Obafemi Awolowo University (OAU) lecturer, Prof. Richard Akindele, charged with demanding sex to pass his student, Monica Osagie.

    Justice Maureen Onyetenu ordered Akindele to be remanded in Ilesa Prison until December 17.

    She ordered the prosecution counsel from the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to produce video evidence of the lecturer and his student allegedly having fun.

    ICPC Senior Legal Officer Mr Kehinde Adetoye had prayed the court to deny the defendant bail on the grounds that he would not appear for his trial when released.

    Read also: ASUU: OAU students confused as lecturers split on strike

    He argued that the defendant had refused to turn up at the ICPC office in Abuja after a written agreement to honour any invitation extended to him, particularly on his return from abroad on a medical trip.

    Defence counsel Mr. Francis Omotosho prayed the court to grant his client bail pending the final determination of the case.

    The News Agency of Nigeria reports that the lecturer was first arraigned before Justice Maureen Onyetenu on November 19 by the ICPC on four counts of alteration of age and demanding sex to pass his student.

     

  • Plumber docked over alleged N170, 000 fraud

    A 35 -year-old plumber, Emeka Nwanga, on Tuesday appeared in a Yaba Chief Magistrates’ Court in Lagos State for allegedly obtaining N170,000 by false pretences.

    Nwanga, with no fixed address, is charged with two counts of stealing and obtaining by false pretences

    Police prosecutor, SP Thomas Nurudeen, told the court that the accused committed the offence on April 24 at 12 p.m. at Ogba area of Lagos.

    Nurudeen alleged that Nwanga, charged the complainant; Mr Segun Adeyemo, N170,000 to drill a borehole for him.

    He further said that the accused had then requested for additional N8,000 to complete the job.

    While transferring the money, the prosecutor said that the complainant mistakenly paid N800,000 into the accused’ bank account.

    Read Also: How Ajudua duped me of $8.4 million, by Bamaiyi

    “My Lord, upon realising that he mistakenly paid N800,000 into the accused account, the complainant tried to inform the accused to return the money.

    “The accused disappeared with the money. It took us a few months to apprehend him and charge him to court,” Nurudeen said.

    The offence, he said, contravened the provisions of sections 287 and 312 of the Criminal Law of Lagos State, 2015 (Revised).

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

    Chief Magistrate K.B. Ayeye admitted granted the accused bail in the sum of N200,000 with two sureties in like sum.

    Ayeye ordered that the sureties must reside within the court’s jurisdiction, show two years evidence of tax payment to Lagos Government and be gainfully employed.

    The case was adjourned until Jan 29 for further hearing.

  • Police killing: Court awards N7.9m as compensation to widow

    The Federal High Court, sitting in Akure, the Ondo State capital, has awarded N7.9 million to Mrs Queen Akarewan, widow of Christopher Akarewan, who was killed by policemen in Okitipupa Local Government Area of the state on October 13, 2011.

    The deceased was shot for refusing to pay N50 bribe at a checkpoint on his way home.

    Akarewan, a commercial cyclist, was said to have offered N30 when the police stopped him at the checkpoint, instead of N50.

    This was said to have led to an altercation between him and two policemen, John Aghaulor and Igodi Gbefamoghan, leading to his killing.

    The two police officers were reportedly dismissed.

    Read also: Peaceful NASS, panacea for national progress-Saraki

    Justice Abdu Dogo said the victim’s life was unlawfully terminated, contrary to Section 33 of Nigerian Constitution.

    The judge said the constitution permits anybody who is interested in existence of person whose life is taken unlawfully to take redress in a court of competent jurisdiction.

    He added that the killers were in the service of the police when they committed the crime.

    Justice Dogo ordered the command and the police commissioner to pay N7.9 million as damages to Mrs Akarewan.

    The judge condemned the unlawful and extra-judicial killing of the deceased over a bribe of N50.

    He ordered that the money should be paid within 30 days of the judgment date.

    The widow, through her lawyer Tope Temokun, approached the court on January 5, 2013, claiming monetary damages of N8 million against the police command, the police commissioner and the police officers responsible for the killing.

    She averred that the killing of her husband had multiplier effects on her life, their four children and his aged mother, as he was their bread winner.

    Counsel to the defendants, Edward Ojemu, who held brief for Tolu Abisagbo, said the plaintiff had no right to institute the case.

    The lawyer said the police had no link with the crime their officers committed.

    Temokun hailed the judgment, saying the court remains the last hope of the common man.

     

     

  • Court okays suits on sale of NITEL, Mtel’s proceeds

    A Federal High Court in Abuja has ordered that processes be served on the liquidator of the  Nigerian Telecommunications Limited (NITEL) and Mobile Telecommunications Limited (Mtel) on suits seeking to compel him to account for their proceeds.

    The documents are related to the 13 suits filed by the defunct NITEL and Mtel creditors, who claimed that since the completion of the sale of the firms in 2015, the liquidator, Otunba Olutola Sembore, has failed to settle the firms’indebtedness to them.

    On November 23, this year, Justice Nnamdi Dimgba gave approval, after hearing the plaintiffs’ lawyer, Anthony Oguajamma.

    Oguajamma, in a motion ex-parte, sought leave to serve the processes on Sembore in his last known Abuja address, because the court’s bailiff was having difficulty in doing so.

    He stated that Sembore, since his appointment as the liquidator of NITEL and Mtel, had his office at Plot 72 Kur Mohammed Way/Ahmadu Bello Way, Central Business District, Abuja, but later relocated to No 1 Massenya Street, off Cotonou Crescent, Wuse Zone 6, Abuja, which is now his last known address.

    Alternatively, Oguajamma sought to serve Sembore by pasting the originating processes on the court’s notice board, because, since the liquidator was appointed by the court, he is,therefore, an officer of the court, who could be notified of the suits through the court’s notice board.

    In his ruling, Justice Dimgba ordered substituted service of all processes in the suits on the defendant (Sembore) “by pasting same at a conspicuous place, such as the entrance gate, at  No 1 Massenya Street, Off Cotonou Crescent, Wuse Zone 6, Abuja, FCT, being the last known address of the defendant.”

    The judge adjourned to January 18, next year for the hearing of the suits. The defendant is expected to have filed his response to the suits before then.

    The suits include: FHC/ABJ/CS/292/18 by Stetsonex International Ltd; FHC/ABJ/CS/439/18 by Mr. Sunday Ndubueze; FHC/ABJ/CS/441/18 by Negro Security Guards Ltd; FHC/ABJ/CS/293/18 by Garkuwa Investment Ltd; FHC/ABJ/CS/296/18 by Telephone Cables Nig Ltd and  FHC/ABJ/CS/297/18 by Trumps Nig Ltd.

    Others are: FHC/ABJ/CS/291/18 by Asher Hospital & Maternity Ltd; FHC/ABJ/CS/295/18 by Babareg Enterprises Nig Ltd; FHC/ABJ/CS/294/18 by Gen Telecom Plc; FHC/ABJ/CS/302/18 by DMI Technologies Ltd; FHC/ABJ/CS/306/18 by Fitracon Nig Ltd and FHC/ABJ/CS/318/18 by Sovereign Guards Ltd.

    According to court documents, Otunba Sembore was appointed as liquidator of the core assets of Nitel/M-Tel in 2014 by the Goodluck Jonathan administration.

    By his mandate, the liquidator was to apply funds realised from the sale of the core assets of NITEL and Mtel to paying liabilities to contractors to the firms.

    It was found from the records provided by the liquidator that, in May 2015, each of the creditors was paid a first instalment of 15 percent of what was owed them. This was followed by another instalment of 12 percent in November 2015.

    In July 2016, they were paid  another tranche of 1.5 percent of what was owed each of the creditors, bringing to a total of 28.5 percent of what the liquidator has paid the creditors.

    The creditors, according to court documents, are still being owed 71.5 per cent of the total indebtedness, over three years after the sale of both NITEL and Mtel was completed under a process said to have been supervised by the National Council on Privatisation (NCP) headed by the Vice President.

    In one of the suits filed for the creditors by their lawyer, Ola Olanipekun (SAN), they want an order “removing and/or discharging Otunba Olutola Sembore from further representation/performance of the functions of a liquidator and/or in any other way or manner continuing to act as the liquidator of Nitel/M-Tel.”

    They also want an order of injunction compelling the liquidator to immediately render account of monies accruing to the defunct Nitel/M-Tel, received and/or expended in liquidation of the defunct companies.

    The plaintiffs equally want the court to compel the liquidator to disclose statement of bank accounts of the Nitel/M-Tel from the date of his assumption of duties till date of judgment.

    They are also praying the court to appoint, in Sembore’s place, Abidemi Olusola Ajao as liquidator of Nitel/M-Tel, with all powers of a liquidator duly appointed in accordance with the provisions of the Companies and Allied Matters Act (CAMA).

    The plaintiffs want the court to compel the liquidator to disclose details of all funds/assets of Nitel/M-tel in custody of any person(s), including Federal and state government corporations, commissions, Ministries, Departments and agencies accruing to the defunct companies, which were either remitted to him upon his assumption of duty or yet to be remitted.

    They are also seeking disclosure by the liquidator, his agents, privies, assigns, representatives or whatsoever name called and by whatsoever nomenclature described, of funds accruing to the defunct Nitel/M-Tel or to the defendant in his capacity as the liquidator of the defunct companies since his assumption of duty/office.

    It is part of the plaintiffs’contention that the liquidator, by the manner he has handled his brief, he is in violation of sections 422(5), 482 and 483 of the Companies and Allied Matters Act.

    They also claimed that, by his conduct, the liquidator violated the  provisions of sections 430, 447(1), 470(1) and 483 of CAMA.

    The plaintiffs are alleging that  Sembore is in violation sections 425(1)((d)(e), (2)(h)&(3) and 483(1)(2)of the same Act.

     

  • Court refuses suspected illegal arms importers bail

    The Federal High Court in Lagos yesterday refused to grant bail applications by two businessmen, Ayogu James and Ifeuwa Moses, who were arraigned for allegedly importing 1,570 pump action rifles illegally.

    Justice Saliu Saidu ruled that they will remain in prison custody until their trial ends.

    The defendants allegedly claimed that the container, which had the ruffles, was full of wash hand basins and water closets.

    Prosecuting counsel/director at the Federal Ministry of Justice Mr. Julius Ajakaiye had opposed the applications on the basis that the alleged offence was grave.

    Defence counsel Mahmud Mogaji (SAN) and Wale Adesokan (SAN) urged the court to grant their clients bail on liberal terms.

    Read also: CBN lends banks N956b in three months

    They disagreed with the prosecution’s contention that the case bordered on national security, saying the defendants would not interfere with the witnesses or jump bail.

    But, Ajakaiye urged the court to dismiss the applications for the sake of national security.

    Ruling, Justice Saidu held: “Individual liberty cannot be placed above national security.

    “The charges against the defendants are serious, with the level of insecurity in the country such as armed robbery, kidnapping, terrorism and the rest.

    Their trial begins today.

  • Man in court for alleged murder

    A 20-year-old man, Basit Yusuf, was on Wednesday arraigned at a Magistrates’ Court in Ado-Ekiti for allegedly killing Saliu Jamiu.

    Yusuf, whose address was not provided, is facing a two-count charge of conspiracy and murder.

    The police prosecutor, Insp. Monica Ikebuilo, told the court that the accused committed the offence in Ado-Ekiti on Nov. 7.

    She alleged that the accused had earlier threatened to kill Jamiu if he failed to procure a motorcycle for him.

    Read Also: Court remands fake army Colonel

    Ikebuilo said that some days after the threat, the body of the deceased was found in a canal in the Odo-Ado neighbourhood of Ado-Ekiti.

    “The accused was later then apprehended by the police when he tried to escape,’’ she said.

    She said that the offences contravened Section 324 and 319 (1) of the Criminal Law of Ekiti State, 2012.

    The prosecutor then urged the Court to remand the accused in prison custody, pending legal advice from the office of Director of Public Prosecutions (DPP).

    The plea of the accused was not taken.

    In her ruling, the Magistrate, Mrs Omolola Akosile, ordered that the accused should be remanded in prison and adjourned the case until Dec.13 for mention.

    NAN

  • Court to hear contempt charge against railway chief Dec 10

    THE Federal High Court will on December 10 hear a contempt charge against Nigerian Railway Corporation (NRC) Managing Director Fidet Okhiria on December 10.

    Justice Muslim Hassan had on Monday issued a bench warrant for his arrest for allegedly disobeying a court order.

    The judge said Okhiria should appear to show cause as to why he should not be committed to prison for contempt.

    Justice Hassan ordered the police to arrest and produce him in court.

    Alhaji Moruf Salami, Mrs. Uyo Nwajei and Alhaja Aisha Gwadabe had sued the NRC and four others over attempts to forcefully and illegally acquire their properties without due process.

    The plaintiffs had earlier filed an ex-parte application against the NRC, the Federal Ministry of Works, Power and Housing, China Construction and Electrical Investment Company Limited, Inspector General of Police and the Attorney General of the Federation.

    They sought  an order restraining the defendants from demolishing, damaging or tampering with their properties on Block 1 House 1, Block B House 1 and Block E House 2, Adisa Housing Estate 308B, Murtala Mohammed Way, Yaba, Lagos pending the determination of their motion on notice.

    The plaintiffs also prayed the court to restrain the defendants from disturbing their peaceful possession of the properties pending the determination of the motion on notice.

    Their lawyer, Akeem Aponmode, asked the court for an order directing the police to arrest the corporation’s managing director and bring him to court to explain why he allegedly violated an August 3 order.

    The judge had granted an order directing parties to maintain status quo ante pending the determination of the motion on notice.

    The plaintiffs said despite the pendency of the suit and the order, the defendants continued to take actions inimical to their interest by demolishing the buildings.

    Aponmode added that when the plaintiffs noticed that the defendants had brought in equipment to demolish their properties, they rushed to the court with Form 48 (notice of disobedience to court order) and also served it on respondents.

    “Despite the service of Form 48 on respondents, they still went ahead and demolished the properties, thereby turning the plaintiffs to homeless people,” Aponmode said.

    The plaintiffs’ counsel added that this flagrant disobedience to court order necessitated the filing of Form 49 – committal proceedings against the defendants.

    Aponmode told Justice Hassan that the matter was adjourned for hearing of the application for the committal of the alleged contemptnor.

    He said the managing director was aware of the proceedings and that all conditions for the activation of committal proceedings had been met.

    “The managing director of NRC chose to deliberately disobey the order of the court,” he added.

    Justice Hassan ruled:  “From the court’s records, the defendants were served with the motion on notice, order of the court directing status quo and forms 48 and 49, yet the first defendant is not in court, with no reason given.

    “I have no reason than to accede to plaintiffs’ counsel request. I hereby issue a bench warrant for the arrest of the first defendant’s managing director.”

     

     

  • Alleged fraud: Court grants Green Party governorship candidate bail

    A Federal High Court sitting in Kano has granted Kano State gubernatorial candidate of the Green Party of Nigeria (GNP), Abdulsalam A. Zaura, N100 million bail and one surety who must have a landed property within the court’s jurisdiction.

    The Economic and Financial Crimes Commission (EFCC) arraigned Zaura before the court for alleged N100 million fraud.

    The defendant is standing trial on a nine-count charge contrary to sections 1(1) of the Advanced Fee Fraud and Other Related Offences Act 2006 and punishable under Section 1(3) of the same Act.

    Zaura is standing trial alongside two other accused persons Ebere Chukwu.

    EFCC alleged that the two defendants and Michael Edosa, now at large, in August 2014 conspired and obtained $1.3million from Dr Jamman Al-Azmi.

    1. Ojogbane, counsel to the commission, alleged that Zaura and other defendants represented themselves to the complainant that they have the capacity to partner him for a joint venture business, which representation they knew was false.

    The prosecutor alleged that Zaura sometime in August 2014 in Kano within the judicial division of the High Court, with intent to defraud, obtained $200,000 from the complainant, Al-Azmi, when he represented that he had the capacity to partner him for a joint venture business.

    He added that in August 2014 and September. 2014, Zaura within Kano Judicial High Court, with intent to defraud, obtained the sum of $678,000, $242,000 and $200,000 from Al-Azmi, totaling N100 million.

    Zaura and Nzechukwu pleaded not guilty.

    Justice Lewis Allagoa adjourned the case till December 29 and 30 for hearing.

  • Court upholds Adetimehin as Ondo APC chairman

    The Ondo State High Court sitting in Akure, the state capital yesterday dismissed a suit, filed by Idowu Otetubi and Gani Muhammed, in which they are laying claim to the leadership of the All Progressives Congress (APC) in the state.

    The duo, who claimed to be the authentic Chairman and Secretary of APC in the state, sued Ondo State Independent Electoral Commission (ODIEC) through their counsel, Tolu Babaleye.

    They prayed the court to direct ODIEC to recognise Idowu Otetubi as the authentic Chairman of APC in Ondo State.

    They also sought an injunction to restrain ODIEC from accepting the list of candidates for local government election from the Adetimehin-led Executive.

    Counsel to ODIEC, Charles Titiloye, listed four grounds for a preliminary objection to hear the suit.

    The lawyer prayed the court to strike out the suit, saying it was grossly incompetent and an abuse of court processes.

    Titiloye contended that the suit was an intra-party affairs and not justifiable.

    He averred that issues raised therein could only be adjudicated when complaining parties had fulfilled the condition precedent to filing of suit in court, as provided for by APC’s constitution.

    Titiloye argued that the suit was a gross abuse of court process in view of the fact that the same claimants filed similar suit on the same matter against the defendants before the Federal High Court in Abuja.

    The lawyer noted that legal representative capacity of “purported Ondo State Executive Committee of APC” was not known to law.

    He added that by the rules Ondo State High Court, actions could only be commenced by a claimant and not a plaintiff.

    The lawyer urged the court to dismiss the suit as incompetent.

    Also, counsel to APC and Adetimehin, B. A. Aderosin, urged the court to strike out the suit on the ground that the claimants lacked the locus standi to file the suit.

    Justice Bode Adegbehingbe held that the suit filed by Otetubi and Mohammed was an abuse of court process.

    He held that it constituted multiplicity of actions by the same claimants before different courts.

    Also, the APC in Ondo State yesterday hailed the court ruling.

    A statement by its Director of Media and Publicity, Steve Otaloro, said: “We salute the courage of the court justice, who has further asserted the independence of the Judiciary in Nigeria.

    “The outcome of the judgment has once again rekindled the hope of average Nigerian on the Judiciary as the last hope of the people.

    “The judgment is also good for democracy in Nigeria because APC has shown tenacity and the ability to lead Nigeria as an egalitarian society based on the rule of law.