The Nation Newspaper

Tag: Court

  • Public nuisance: Court jails three

    A Karu Grade 1 Area Court, Abuja, on Thursday sentenced three men to three months’ imprisonment each for constituting public nuisance.

    The Judge, Mr Sani Mohammed, sentenced Christopher Sunday, 33, Dauda Mohammed and Joseph Maduchukwu, both aged 39, following their guilty plea to a count charge of public nuisance.

    The judge, however, gave them an option of N4,000 each.

    The trio had pleaded for leniency.

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    According to the prosecutor, Mr Vincent Osuji, a team of policemen attached to the Karu Police Station and led by ASP Moses Maku arrested the convicts at midnight on Oct. 11, during a raid of black spots in Karu.

    Osuji submitted that the convicts, who have different residential addresses, could not give satisfactory accounts of themselves.

    The prosecutor noted that the offence contravened Section 198 of the Penal Code.

  • Man docked over alleged theft, malicious damage

    A 35-year-old unemployed man, Dapo Samuel, was on Thursday docked before an Ijede Magistrates’ Court in Ikorodu, Lagos, over alleged stealing and malicious damage.

    The Prosecutor, Inspector Aminu Isaac, said that the accused, whose address was not provided, stole a sub-massive water pumping machine valued at N40, 000.

    Isaac also said that Samuel damaged a pumping machine water pipe worth N25, 000.

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    He said that the property belonged to Mr Fatai Aluko of 40, Dada St., Itunpate area of Ikorodu.

    Isaac told the court that the accused committed the offences on Oct. 20 at Noble Professional Estate, Ikorodu.

    He said that the offences contravened Sections 287 and 350 of the Criminal Law of Lagos State, 2015.

    The accused, however, pleaded not guilty to the charges.

    The Chief Magistrate, Mrs A. Oshodi Makanju, granted the accused bail of N30, 000 with one surety in like sum.

    Makanju adjourned the case until November 1 for hearing.

  • Court adjourns indefinitely suit on Imo APC governorship primary

    •Court to await outcome of party’s petition to CJ

    Hope of an early resolution of the dispute on the outcome of two parallel governorship primaries conducted by factions of the All Progressives Congress (APC) was dashed yesterday.

    Justice Othman Musa of the High Court of the Federal Capital Territory (FCT) in Bwari, Abuja, adjourned the matter indefinitely.

    The judge, on October 17, merged both suits by Hope Uzodinma (a product of one of the primaries) and Uche Nwosu (who reportedly won the other primary conducted by a faction of the party loyal to Governor Rochas Okorcha).

    He adjourned till October 23 for hearing.

    When parties got to court yesterday, Justice Musa said he would not be able to proceed as scheduled because the Imo State chapter of the APC had written a petition against him, querying his objectivity in handling the matter.

    The judge read out the petition, dated October 22, addressed to him and copied the court’s Chief Judge.

    It is titled: “Judicial Bias, Misconduct and Partiality By the Court.”

    The petition was signed by Bisike Chinaka, Deputy Chairman of the party in the state.

    It accused Justice Musa of favouring Uzodinma by granting orders in his favour.

    The petition criticised the judge for granting an order directing the party to show why the name of Uzodinma should not be forwarded to the Independent National Electoral Commission (INEC) as candidate of the party in next year’s governorship election in Imo State.

    After reading the petition to the open court, the judge told parties that he would not be able to proceed with the matter.

    He averred that since the petition was copied the Chief Judge, he would await his reaction before taking the next step.

    He adjourned the matter indefinitely.

    The petition reads: “Following the cancellation of the APC primary for the party’s candidate for the 2019 Imo State governorship rlection, on October 4, Senator Hope Uzodinma filed an action against the APC and the INEC.

    “The matter was assigned to his Lordship Othman Musa of Court 13, Bwari Judicial Division. On October 5, his Lordship made an order that the parties should show cause why the ex parte application should not be granted.

    “Therefore, Ugwunba Uche Nwosu also initiated an action in relation to the primary for APC candidate for the 2019 Imo governorship election and the matter was assigned to his Lordship Valentine Ashi of Court 23, Apo Judicial Division.

    “His Lordship granted an Interim Order of Injunction on October 9 against APC and INEC to the effect that they must respectively send and receive Ugwumba Uche Nwosu’s name as the party’s candidate for the election. Unfortunately, since this order was made, we have noticed that the proceedings before you, which we have keenly watched, appeared to be skewed in favour of Hope Uzodinma, instead of both parties being treated equally.

    “For instance, the court is always referring to the order to show cause granted in favour of Hope Uzodinma while ignoring the others made in favour of Ugwumba Uche Nwosu as though the latter orders were made by an inferior court.

    “We strongly accuse you of bias and unable to discharge the oath of your office, as such recuse yourself forthwith and remit the case file to the Chief Judge.”

  • Rights violation: Court asks police to pay Charly Boy N50m

    A Federal High Court in Abuja has ordered the Nigeria Police Force, the Inspector General of Police and the Commissioner of Police, Abuja to pay musician, Charles Oputa (Charly Boy) N50million for violating his rights.

    Justice John Tsoho, in a judgment on Monday, also ordered the respondents to tender public apology to the applicant, which should be published in two national newspapers.

    The judgement was on a fundamental rights enforcement suit by Oputa, marked: FHC/ABJ/CS/343/2018, filed on March 29 this year.

    The applicant had, in an affidavit, said policemen, numbering over 100 from the Federal Capital Territory (FCT) Police Command, invaded the Unity Fountain in Abuja on August 8, 2017 and attacked him and his group with teargas canisters, hot water cannon and wild police dogs during the Resume or Resign protest when he led other activists to protest the prolonged absence of President Muhammadu Buhari from Nigeria on account of his medical vacation in the United Kingdom.

    He claimed that the attack by the policemen was so severe that he collapsed in the process and was rushed to the hospital.

    Oputa claimed that the police attacked them because of claims that their protest over the President’s absence, which had exceeded 90 days on the second day of their daily sit-out protest, had gone international and brought serious embarrassment to the country.

    Justice Tsoho, in the judgement rejected the respondents’ claim that miscreants invaded or stormed the premises of the protest. The judge said there was no evidence to support such claim.

    The judge said the applicant was entitled, under the Constitution, to stage a peaceful protest.

    Justice Tsoho noted that protest is a constitutionally guaranteed right, provided it is done peacefully.

    He further noted that even if miscreants were on the scene to hijack the protest, the respondents (the police) possess enough measures to dislodge such persons and maintain law and order.

    The judge noted that the respondents, in their counter affidavit, admitted that they resorted to using teargas canisters and hot water canon in order to disperse the ’miscreants’’ who suddenly took over the protest.

    Justice Tsoho said the respondents’ claim that the teargas canisters and hot water canon were not directed at the defendants lacks substance as teargas circulates and affects all persons around where it is expended.

    The judge held that the applicant disclosed a reasonable cause of action against the respondents.

    He further held that the respondents violated the applicant’s fundamental rights to dignity of the human person, freedom of expression, peaceful assembly and association as enshrined in sections 34, 39, and 40 of the Constitution.

    The judge was of the view that “the law is that the court has the right to grant redress to anyone whose right is violated and the Applicant is entitled to a remedy.”

     

  • Court voids bank’s ADR clause for ex-employees

    The National Industrial Court of Nigeria sitting in Yola, Adamawa State capital, has held that an Alternative Dispute Resolution (ADR) clause in UBA Group Staff Handbook cannot bar a former employee from seeking legal remedies.

    The presiding judge, Justice Nelson Ogbuanya, described the clause as restrictive.

    He delivered  judgment on a suit filed by a former United Bank for Africa (UBA) Manager Yusuf Ayangbade against the bank.

    Ruling on the bank’s preliminary objection, Justice Ogbuanya held: “Where an ADR clause rather provides an uncertain procedure inhibiting effective dispute resolution, it has failed in its primary mission to provide alternative to litigation.

    “It is, therefore, my humble but sustained view and I hold that such an uncertain and clumsy clause of ADR is certainly not an effective dispute resolution clause as envisaged by the promoters of ADR providing a panacea for congested and often distasteful outcome of litigation.”

    Striking down the clause, His Lordship held: “The rationale for compelling the ex-employee to return to the defendant’s staff (Head of Human Capital Management) to make complaint and seek resolution upon being aggrieved, is in my view, of doubtful efficacy.

    “It tends to restrict an ex-employee who has become an external aggrieved party from litigating an issue against the defendant organisation – the former employer.

    “Such requirement in my humble view is not in tandem with best practice of labour relations, and can be akin to compelling divorced couple to return to their erstwhile matrimonial bed as forum for resolution of alimony issue.

    “Accordingly, to insist that an ex-employee must submit to this kind of forum even fraught with an uncertain dispute resolution procedure will unwittingly shackle the claimant’s constitutional right to gain access to court to ventilate his grievance against his Ex-employer, the defendant. I so hold.

    “Such unwarranted restrictive provision is liable to be struck down. Accordingly, I find and hold that the provisions of Paragraph 6.7 of the U.B.A Group Staff Handbook Policy Document No: HRG: 001 dated June 2010, constitutes an improper obstacle in the way of the claimant, being an ex-employee of the defendant, to accessing the court to ventilate and litigate his dispute with the defendant, his ex-employer, before this court.

    “As such, I hereby affirm the competency of this suit and hasten to invoke the jurisdiction of the court to entertain same,” the Judge ruled.

    The former Bank Manager sued the bank for alleged wrongful dismissal. He prayed for his entitlements and damages.

    But, the bank through its counsel, Hussaini G. Maidawa, insisted that the claimant was involved in unauthorised vault lending which was a gross misconduct and as such was not entitled to any benefits.

    The bank raised a preliminary objection challenging the court’s jurisdiction on the ground that the claimant’s suit was pre-mature as he did not exhaust the bank’s internal dispute resolution mechanism before filing the suit.

    In his verdict, Justice Ogbuanya said: “I hold that the claimant is entitled to be reimbursed full payment of his withheld salaries and entitlements from February 2013 to March 2015, being the period covered by the suspension pending investigation and when he became aware of his subsequent wrongful dismissal.  Judgment is accordingly entered for the Claimant in the sum ascertained.”

    The judge ordered the defendant to compute and pay to the claimant his entitlements within two months from judgment day.

    He awarded N2 million damages against the bank for wrongful dismissal of a staff in a delicate sector of the economy.

     

     

     

  • Court adjourns Ekiti council chairmen’s suit till November 2

    A suit filed by 16 local government chairmen at the Ekiti State High Court to stop their removal from office has suffered another adjournment.

    The council chairmen, led by the chairman of the state chapter of the Association of Local Governments of Nigeria (ALGON), Mr. Dapo Olagunju, filed the suit to stop the new governor, Dr. Kayode Fayemi, from dissolving the council.

    The local government chairmen, who are all Peoples Democratic Party (PDP) members, were elected last December.

    Defendants in the suit are: Fayemi (first), Governor of Ekiti State (second), Attorney General (third), Speaker (fourth) and House of Assembly (fifth).

    Counsel to first and second defendants, Mr. Ibrahim Olarewaju, informed the court of his intent to file a new application.

    The application borders on change of counsel.

    But counsel to the plaintiffs, Mr. Ezekiel Agunbiade, opposed the move, saying the application was premature.

    Counsel to the fourth and fifth defendants, Mr. Adeoye Aribsoye, also declared his intention to file an application.

    Agunbiade argued that the defendants must be put on notice about the change of counsel by the defendants.

    But Justice Abiodun Adesodun, who agreed with the plaintiffs’ counsel that they reserved the right to be put on notice, urged the lawyers to agree on a date.

    The counsel agreed on November 2 for the continuation of the matter.

    Justice Adesodun adjourned the matter till November 2 for the hearing of pending applications.

  • Court voids bank’s ADR clause for ex-employees

    The National Industrial Court of Nigeria sitting in Yola, Adamawa State capital, has held that an Alternative Dispute Resolution (ADR) clause in UBA Group Staff Handbook cannot bar a former employee from seeking legal remedies.

    The presiding judge, Justice Nelson Ogbuanya, described the clause as restrictive.

    He delivered  judgment on a suit filed by a former United Bank for Africa (UBA) Manager Yusuf Ayangbade against the bank.

    Ruling on the bank’s preliminary objection, Justice Ogbuanya held: “Where an ADR clause rather provides an uncertain procedure inhibiting effective dispute resolution, it has failed in its primary mission to provide alternative to litigation.

    “It is, therefore, my humble but sustained view and I hold that such an uncertain and clumsy clause of ADR is certainly not an effective dispute resolution clause as envisaged by the promoters of ADR providing a panacea for congested and often distasteful outcome of litigation.”

    Striking down the clause, His Lordship held: “The rationale for compelling the ex-employee to return to the defendant’s staff (Head of Human Capital Management) to make complaint and seek resolution upon being aggrieved, is in my view, of doubtful efficacy.

    “It tends to restrict an ex-employee who has become an external aggrieved party from litigating an issue against the defendant organisation – the former employer.

    “Such requirement in my humble view is not in tandem with best practice of labour relations, and can be akin to compelling divorced couple to return to their erstwhile matrimonial bed as forum for resolution of alimony issue.

    “Accordingly, to insist that an ex-employee must submit to this kind of forum even fraught with an uncertain dispute resolution procedure will unwittingly shackle the claimant’s constitutional right to gain access to court to ventilate his grievance against his Ex-employer, the defendant. I so hold.

    “Such unwarranted restrictive provision is liable to be struck down. Accordingly, I find and hold that the provisions of Paragraph 6.7 of the U.B.A Group Staff Handbook Policy Document No: HRG: 001 dated June 2010, constitutes an improper obstacle in the way of the claimant, being an ex-employee of the defendant, to accessing the court to ventilate and litigate his dispute with the defendant, his ex-employer, before this court.

    “As such, I hereby affirm the competency of this suit and hasten to invoke the jurisdiction of the court to entertain same,” the Judge ruled.

    The former Bank Manager sued the bank for alleged wrongful dismissal. He prayed for his entitlements and damages.

    But, the bank through its counsel, Hussaini G. Maidawa, insisted that the claimant was involved in unauthorised vault lending which was a gross misconduct and as such was not entitled to any benefits.

    The bank raised a preliminary objection challenging the court’s jurisdiction on the ground that the claimant’s suit was pre-mature as he did not exhaust the bank’s internal dispute resolution mechanism before filing the suit.

    In his verdict, Justice Ogbuanya said: “I hold that the claimant is entitled to be reimbursed full payment of his withheld salaries and entitlements from February 2013 to March 2015, being the period covered by the suspension pending investigation and when he became aware of his subsequent wrongful dismissal.  Judgment is accordingly entered for the Claimant in the sum ascertained.”

    The judge ordered the defendant to compute and pay to the claimant his entitlements within two months from judgment day.

    He awarded N2 million damages against the bank for wrongful dismissal of a staff in a delicate sector of the economy.

  • Court orders police to pay Charly Boy N50m

    A Federal High Court in Abuja has ordered the Nigeria Police Force, the Inspector General of Police and the Commissioner of Police, Abuja to pay musician, Charles Oputa (Charly Boy) N50million for violating his rights.

    Justice John Tsoho, in a judgment on Monday, also ordered the respondents to tender public apology to the applicant, which should be published in two national newspapers.

    The judgement was on a fundamental rights enforcement suit by Oputa, marked: FHC/ABJ/CS/343/2018 , filed on March 29 this year.

    The applicant had, in an affidavit, said policemen, numbering over 100 from the Federal Capital Territory (FC() Police Command, invaded the Unity Fountain in Abuja on August 8, 2017 and attacked him and his group with teargas canisters, hot water cannon and wild police dogs during the Resume or Resign protest when he led other activists to protest the prolonged absence of President Muhammadu Buhari from Nigeria on account of his medical vacation in the United Kingdom.

    He claimed that the attack by the policemen was so severe that he collapsed in the process and was rushed to the hospital.

    Oputa claimed that the police attacked them because of claims that their protest over the President’s absence, which had exceeded 90 days on the second day of their daily sit-out protest, had gone international and brought serious embarrassment to the country.

    Justice Tsoho, in the judgement rejected the respondents’ claim that miscreants invaded or stormed the premises of the protest. The judge said there was no evidence to support such claim.

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    The judge said the applicant was entitled, under the Constitution, to stage a peaceful protest.

    Justice Tsoho noted that protest is a constitutionally guaranteed right, provided it is done peacefully.

    He further noted that even if miscreants were on the scene to hijack the protest, the respondents (the police) possess enough measures to dislodge such persons and maintain law and order.

    The judge noted that the respondents, in their counter affidavit, admitted that they resorted to using teargas canisters and hot water canon in order to disperse the ’miscreants’’ who suddenly took over the protest.

    Justice Tsoho said the respondents’ claim that the teargas canisters and hot water canon were not directed at the defendants lacks substance as teargas circulates and affects all persons around where it is expended.

    The judge held that the applicant disclosed a reasonable cause of action against the respondents.

    He further held that the respondents violated the applicant’s fundamental rights to dignity of the human person, freedom of expression, peaceful assembly and association as enshrined in sections 34, 39, and 40 of the Constitution.

    The judge was of the view that “the law is that the court has the right to grant redress to anyone whose right is violated and the Applicant is entitled to a remedy.”

  • Court adjourns alleged N80m fraud case till Nov. 28

    A Lagos High Court sitting in Ikeja, presided over by Justice Adenike Coker, yesterday adjourned trial of a self-styled real estate agent, Jimoh Olawale, till November 28.

    The sudden adjournment was due to the ongoing Lagos State Judiciary legal week programmes, as well as the need for judiciary workers to meet set target of records of court being prepared to the National Judicial Council.

    Olawale is facing two counts charge of obtaining money by false pretences and stealing N80million.

    At the last adjournment day, prosecution witness Olukorede Roberts, while being led in evidence by Mr. E. A. Jackson, a prosecutor for the Police Special Fraud, narrated how he was allegedly defrauded by the defendant.

    He said he gave the money to Olawale for the purchase of a land at Block 2, Plot 1, Onikoyi Layout, Parkview Estate, Lagos.

    He alleged that the defendant gained his trust by falsely claiming to be representing the Onikoyi family, the rightful owners of the land.

    “The N80million was paid into the defendant’s three separate bank accounts situated in Stanbic IBTC, Fidelity and United Bank of Africa.

    “Upon paying the money, we went into a contract of sale, but I have since found out that he built the transaction on lies and had no contact with the Onikoyi family.

    “The Onikoyi family denied knowing him and I further discovered that there was no trace that he transferred funds to the family.

    “Alhaji Olawale claimed that he was working for the family, but the family denied him.

    “He also gave me a receipt of payment, with a letterhead of a lawyer’s chamber, simply identified as Abiodun, who he claimed represented the family.

    “Till now, I have neither got the land nor received a refund,” the witness said.

    Roberts added that he instructed his lawyer to write a petition to the Police Special Fraud Unit on May 18 when he realised he had been defrauded.

    “I instructed my lawyer to petition the Special Fraud Unit, since it’s within their jurisdiction.”

    After Roberts had given his evidence, the prosecution tendered the documents of contract for sales and receipt of payment to the court as evidence.

    According to the prosecution, Olawale committed the offences between 2013 and 2015 in Ikoyi, Lagos.

    “The defendant, with intent to defraud, obtained  N80million from Roberts.

    “He did that by falsely representing to him that he was authorised by a representative of the Onikoyi family, His Royal Majesty, Ibikunle Fafunwa Onikoyi, to sell part of their land,” Jackson said.

    The offences contravene sections 383 (2)(f) and 390 (9) of the Criminal Code, Laws of Lagos State 2004.

     

  • Court grants Shittu’s prayer to serve NYSC processes in Abuja

    THE Federal High Court in Ibadan yesterday granted the application of Minister of Communications, Adebayo Shittu, to serve originating summons on the National Youth Service Corps (NYSC) in Abuja.

    Shittu had in the last few weeks been confronted with criticisms for not observing the mandatory one-year national youth service.

    Justice P.I. Ajoku ruled that the service of the originating summons be served on the respondents through the bailiffs of the court.

    “The service of the plaintiff’s processes on the first, third and fourth defendants who are in Abuja shall be effected by the bailiffs of this honourable court,” the judge ruled.

    The judge, however, adjourned the case till November 19 for report of service.

    The suit has the Director-General, NYSC; the State Coordinator, NYSC; the NYSC and the Attorney-General of the Federation as the first, second, third and fourth defendants.

    Counsel to the plaintiff Mr. Muktar Aderogba prayed the court to issue and serve the originating summons and the accompanying processes in the suit on the address of NYSC office in Abuja.

    Aderogba added that he relied on the 12-paragraph affidavit and the written address supplied in support of his application.

    The minister is seeking the order of the court to direct the first three defendants to issue him with a certificate of national service.

    This, according to his originating summons, is based on having served the nation as a member of the House of Assembly of Oyo State between 1979 and 1983.