The Nation Newspaper

Tag: Court

  • Court remands tailor for ‘illegal possession of firearms’

    An Ilorin Magistrates’ Court has ordered the remand of a 38-year-old tailor, Abdulrasheed Zakariyau of Magaji compound, Oke-Andi, Ilorin, the state capital, for alleged illegal possession of firearms.

    The Prosecutor, Inspector Alhassan Jubril, told the court that the case was reported on September 24 at the Federal Special Anti-Robbery Squad (F-SARS) office by the Squad Vehicular Patrol Team, led by Inspector Odior Victor.

    Jubril said on the same date during patrol on Fate/Water view, Sango area to check criminal activities, they intercepted a Bajaj motorcycle with registration number (Lagos) QX368LND.

    He said the rider of the motorcycle, the accused, looked suspicious and his house was searched.

    “A short Dane gun and a locally-made pistol loaded with one live cartridge was recovered from him and when we questioned him, he could not give satisfactory account of the items recovered from him,” the prosecutor said.

    Jubril said during an investigation, the accused was discovered to be a member of a vigilance group.

    He said the type of gun recovered could not be possessed by a vigilante.

    The prosecutor said the case contravenes Section 27 (A) 1 of the Firearms Act.

    The Magistrate, Mrs Hafsat Alege, ordered that the accused be remanded in prison.

    The matter was adjourned till October 15 for further mention.

     

  • Court restrains APC, Oshiomhole, others over Shehu Sani’s senatorial ticket

    A KADUNA High Court has restrained the All Progressives Congress (APC) from conducting the  senatorial primary for Kaduna Central, which is being occupied by Shehu Sani.

    Following the disqualification of four other aspirants by APC, the incumbent Sani had emerged on Tuesday as the APC’s  automatic candidate.

    Those disqualified are Ibrahim Usman (Sardauna Badarawa); Shamsu Shehu Giwa; Gen. Mohammed Sani Saleh; and Uba Sani, who is the special adviser (Political) to Governor Nasir El-Rufai.

    But Sani  filed an ex-parte motion before Justice M. I. Bello of a Kaduna High Court of Justice.

    He asked the court to restrain the APC, the National Chairman of the party, Comrade Adams Oshiomhole,  the Independent National Electoral Commission(INEC) and Shehu Sani from taking further steps to elect a candidate for Kaduna Central.

    The court order was served on APC National Secretariat and made available to reporters in Abuja yesterday.

    In his application, El-Rufai’s adviser asked the court for an “order of interim injunction to restrain the defendants, their agents, privies, or anyone else by whatever name called from taking further steps towards conducting primary elections to elect candidate of the APC for Kaduna Central Senatorial Zone(Zone 2) of Kaduna State pending the hearing and the determination of the Motion on Notice.

    “Alternatively,  an order  directing the parties herein to maintain the status quo prior October 2, 2018 materially to the conduct of primary elections to elect candidate of the 1st Defendant(APC) for the Kaduna Central Senatorial District(Zone 2) of Kaduna State pending the hearing and determination of the Motion on Notice already filed”.

    The  motion was filed pursuant to Order 15(1) and Order 36 of the High Court Civil Procedure Rules of Kaduna State, the court granted leave to issue and serve the writ of summons on the defendants.

    Uba Sani’s lawyer, Sule Shuaibu Esq., explained that his client headed for court to protect his democratic rights after exhausting the internal party grievance-redress processes.

    The counsel said: “Upon becoming aware of his unlawful exclusion, Uba Sani wrote and submitted a letter of complaint to the national chairman, urging him to reverse the decision.

    “He followed up with a letter to the Appeal Committee,  where he claimed that having fulfilled all the conditions for contesting the primary election, his unlawful exclusion should be set aside and he be allowed to contest the primary election.

    “Given the imminence of the INEC deadline for the conclusion of primaries, Uba Sani cannot sit on his right and allow the effluxion of time to extinguish his cause of action.”

    Ruling on the  ex-parte motion,  the court ordered the APC, its chairman Adams Oshiomhole, INEC and Shehu Sani to maintain the status-quo prior to October 2, 2018, when the APC unlawfully excluded Uba Sani and other aspirants from the contest.

    In his ruling, the Acting Chief Judge of the state, Justice M.L. Bello, said: “Leave is hereby granted to the plaintiff/applicant to issue and serve the Writ of Summons in this suit out of Kaduna State and on the 1st, 2nd and 3rd defendants in FCT.

    “Parties are hereby ordered to maintain the status quo prior to  October 2 2018 materially to the conduct of primary elections to elect candidate of the 1st Defendant(APC) for the Kaduna Central Senatorial District(Zone 2) of Kaduna State pending the hearing and determination of the Motion on Notice already filed.

    “Case adjourned to 15/10/ 2018 for the Motion on Notice.”

     

    President, Akeredolu, El-Rufai meet in Aso Villa

    PRESIDENT Muhammadu Buhari yesterday met behind closed doors with two All Progressives Congress (APC) governors –  Nasir el-Rufai (Kaduna) and Rotimi Akeredolu (Ondo).

    The governors arrived at the Presidential Villa together around 3.15p.m.

    Though details of the meeting were not disclosed as they did not speak to reporters and no official statement was issued, it was believed that their visit might not be unconnected with the political developments in their states.

    For Kaduna State, the relationship between el-Rufai and the Senator representing Kaduna Central, Shehu Sani, has not been cordial.

    It has led to creation of different factions of the party in the state.

    Despite stiff opposition from the governor’s camp, the senator emerged as the sole candidate from his senatorial zone.

    In Ondo State, Senator Ajayi Borrofice was to be returned unopposed in Ondo North on the platform of the ruling party. But, the governor was alleged to be planning to dislodge him through a primary.

     

     

  • Court faults IG for ignoring Senate’s invitation

    A Federal High Court in Abuja has faulted the Inspector General of Police (IGP), Ibrahim Idris, for refusing to honour the Senate’s invitation on the trial of Senator Dino Melaye.

    Justice John Tsoho yesterday said Idris’ excuse was not tenable, and that the two suits he filed in relation to the invitation amounted to an abuse of court processes.

    The IG filed the suits earlier in the year to challenge the Senate’s insistence that he must honour its invitation in person, and its subsequent declaration that he was not fit to occupy public office.

    The Senate had, by an April 25 letter, invited the IG following alleged inhuman treatment of Melaye, and the killings in Benue, Plateau, Kwara states, and others.

    Idris, who was expected to appear before the Senate the following day, sent the deputy inspector general of Police (Operations) and commissioner of Police, Kogi State, to represent him.

    The Senate refused to grant the men audience, and insisted Idris must appear in person.

    The lawmakers rescheduled the meeting for May 2 and again directed that the IG honours its invitation in person.

    But the IG filed the first suit on April 30, through his lawyer, Alex Izinyon (SAN), contending, among others, that he was not required under any known law to honour every invitation in person.

    He argued that by the Constitution and Police Act, he can delegate responsibilities, and direct subordinates to represent him, and his choice of the DIG (Operations) and Kogi State Police commissioner was because they were conversant with the issues.

    Justice Tsoho upheld the argument by the defendants – the Senate and its president – to the effect that the IG’s suits were intended to hinder the Senate from performing its  responsibilities.

    His judgment was on one of both suits. He declined to determine the second suit on the grounds that having rendered his opinion on one, he would prefer another judge hears and determine the second.

    He returned the file to the chief judge for reassignment.

    The judge said although the IG could be excused for not honouring the first invitation because he accompanied President Muhammadu Buhari on an official trip, there was no justification for not honouring the second invitation.

    Justice Tsoho noted that the IG, having had knowledge of the Senate’s invitation, his excuse that he could not attend the second invitation because he was on an official trip to Birnin Gwari with the general officer commanding, was “not tenable”.

    The judge said: “I do not see any harm that would have been caused if the plaintiff honoured the defendants’ invitation. I uphold the defendants’ argument that the plaintiff’s suit is intended to prevent the exercise of the Senate’s legitimate and constitutional responsibility, and that it constitutes an abuse of court process.”

  • Court dismisses suit seeking N1b settlement over Odu’a subsidiary

    A Federal High Court sitting in Lagos has dismissed a case instituted by Holidays & Tours Limited against Odu’a Investment Company Limited for lack of merit.

    In the judgment delivered by Justice I. N. Buba, the court affirmed that there was no valid and subsisting contract between Odu’a Investment Company Limited and Holidays and Tours Limited, as claimed by the latter.

    Holiday and Tours had alleged that there was a subsisting contract between it and Odu’a Investment, whereby Lagos Airport Hotel, a subsidiary of the Odu’a Group, was leased to it on “Lease, Redevelop, Operate and Transfer” basis.

    Holiday and Tours placed a Caveat Emptor (buyers beware) in a daily on April 21, last year, warning potential investors to disregard the expression of interest advert placed by KPMG on behalf of Odu’a Investment to reposition the hotel.

    The court held that the plaintiff failed to establish that there was a contract between it and Odu’a and, therefore, was not entitled to any relief for an award of damages or injunction.

    Dismissing the suit for lack of merit, the trial judge described Holidays and Tours as “a busy body, gold-digging and dishonest suitor trying to reap where it never sowed”.

    He added: “The relief being sought by the plaintiff is the most egregious relief. The plaintiff was a small outfit which, before its bid in the Lease, Redevelop, Operate and Transfer scheme, never operated a major hotel in Nigeria but now sought this gold-digging prayer to be granted N1 billion gratuitously.

    “The plaintiff is, in the mildest, being clever by half and in the strongest of terms plain dishonest.”

    Justice Buba held that the plaintiff’s suit was a fund-raising project while other reliefs were thrown in as red herrings to give its impression that the plaintiff wanted to perform the contract.

    The judge dismissed the suit as unmeritorious.

    The court verdict means stakeholders and potential investors no longer have any encumbrance or pending litigation to debar them from bidding for Lagos Airport Hotel.

  • APC chieftains shun court in suit over Adeleke’s academic qualification

    Plaintiffs in the suit challenging the authenticity of the secondary school certificate submitted by the Peoples Democratic Party (PDP) candidate in the Osun State governorship election, Ademola Adeleke, did not turn up for the hearing of the matter yestrday.

    The plaintiffs, Wahab Raheem and Adam Omosalewa Habeeb, who are members of the All Progressives Party (APC), claimed that Adeleke did not possess a valid secondary school certificate to qualify him to contest the governorship election in Osun State.

    On September 19, the West African Examination Council (WAEC), in response to an ex-parte order made by the court on September 11, confirmed that Adeleke sat for its May/June 1981 examination and wrote only English Language, in which he got F9.

    Parties were expected to attend court yesterday for hearing the matter.

    But when it was called, the plaintiffs and their lawyer, Bankole Akomolafe, were absent in court.

    Nathaniel Oke (SAN) announced his appearance for Adeleke, while Emmanuel Enoidem announced for the PDP.

    They argued that the absence of the plaintiffs and their lawyer was an indication that they were unwilling to proceed with the case.

    The lawyers prayed the court to dismiss the suit for lack of diligent prosecution.

    Ruling, Justice Othman Musa adjourned the matter indefinitely.

    He said parties would be notified later about any future date.

  • Court grants interim takeover of firm’s assets

    A FEDEral High Court in Lagos has ordered Union Bank of Nigeria Plc and a receiver/manager, Gbenga Akinde-Peters, to take interim possession of a landed property belonging to A-Z Petroleum Products Limited.

    The property is Plot 3508, Cadastral Zone A06, Maitama District, Abuja, covered by a Certificate of Occupancy (C of O) of September 7, 2005, and registered as No. 3586, Vol. 18, at the Abuja Land Registry.

    Justice Chuka Obiozor made the order last Thursday, following an application filed and argued by the applicants’ counsel, Temiloluwa Adamolekun, which alleged that the first respondent, A-Z Petroleum, owed Union Bank N5.2 billion.

    The court granted a Mareva Injunction against the property following Union Bank’s argument that it would suffer “a monumental injustice” unless the defendant was so restrained.

    A Mareva Injunction is a court order freezing a debtor’s assets to prevent them being taken abroad.

    Justice Obiozor held: “in the light of the application for Mareva Order, with affidavit in support and written address and submission of the counsel, the application succeeds and is hereby granted.

    “The order granted is to last pending the hearing and determination of the substantive suit.”

    Adamolekun’s application included an interim order authorising the second applicant, Akinde-Peters, to take over exclusive possession of the property, “together with any building and appurtenances thereon, by the virtue of the Deed of appointment made on July 18, 2018, in pursuance of the duly registered tripartite deed of legal mortgage dated September 1, 2018.”

    Adamolekun also sought an order restraining both A-Z petroleum Product Limited, Chief Alex Chika Okafor, their directors, shareholders, employees, officers, agents, servants, privies and any other persons acting on their behalf, from obstructing the Receiver/Manager from performing his duty as Receiver over the said property.

    The lawyer prayed for an order restraining Petroleum Products Pricing Regulatory Agency (PPRA), Federal Ministry of Finance, Debt Management Office (DMO), Accountant General of the Federation (AGF), Central Bank of Nigeria (CBN), who are third to seventh respondents, from releasing any money or funds in form of Sovereign Debt Notes (SDN) or any other instruments belonging to the oil company to the tune of N5, 227, 543, 442 .9 billion, in their custody, pending the hearing and determination of the substantive suit of the matter.

    He further obtained an order directing the third and seven respondents to disclose on oath within 14 days the total sum of money, funds, and Sovereign Debit Notes (SDN), either processed or yet to be processed within the purview of Petroleum Subsidy Scheme, in their custody, belonging to the oil company.

    The applicants, in their affidavit deposed to by Mr Segun Omoshola, averred that the oil firm “failed, neglected to perform its obligations to the bank,” concerning the loan, which continued to accrue interest in line with the terms and conditions as contained in the instruments executed before the granting of facilities.

    “As at April 12, 2018, the company’s indebtedness to the bank stood at N5, 227, 543, 442 .9 billion, while interest continues to accrue at the bank’s lending rate,” they averred.

    The applicants further averred that apart from the defendants’ refusal to liquidate the indebtedness, they were also taking steps to divert and dissipate the SDNs and other funds due to firm from the Federal Ministry of Finance and other government agencies.They claimed that the Subsidy claims that were paid to the first defendant before now had been diverted and not paid to the bank, and that the government agencies were now on the verge of paying another subsidy claims through SDN to the oil firm.

  • Man, 28, in court over alleged car theft

    The Police on Thursday arraigned a 28-year-old man, Chinedu Victor in a Kubwa Grade 1 Area Court over alleged car theft.

    The defendant of Zuba, Abuja was docked over a charge of theft.

    The prosecutor, Babajide Olanipekun told the court that one Orshio Teraemen reported the matter at the Kubwa Police Station on Sept. 14.

    He said the defendant acted in a dubious manner and used a master key to open the complainant’s Toyota Corolla car valued N650, 000 on the said date.

    He further said while the defendant attempted to move the said car, he was chased and arrested adding that the offence contravened Section 287 of the Penal Code.

    The defendant pleaded not guilty.

    The defence counsel, Moses Ugwummadu made a bail application for his client pursuant to Sections 35 and 36 of the 1999 Constitution urging the court to grant bail in the most liberal terms.‎

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    The prosecutor however opposed the bail request saying that the defendant had the likelihood of committing the same crime because he allegedly has a master key.‎

    The judge, Abdulwahab Mohammed granted the defendant N500, 000 bail with two reliable sureties of which one must be well known in the community.

    He adjourned the matter until Oct. 22, for hearing.

  • Farmer jailed for stealing 13 crates of eggs

    A 28-year-old farmer, Amisu Bello, is to serve six months in prison after a Magistrates’ Court in Minna, Niger, convicted him of stealing 13 crates of egg.

    Bello was docked alongside one Shefiu Yahaya on a two-count charge of theft and receiving stolen property, contrary to Sections 288 and 317 of the Penal Code Law.

    The Police Prosecutor, Emmanuel Ogiri, had told the court that one Isa Azeez, the Manager of IK Farms, Gidan Mangoro, Minna, reported the matter at the Kpakungu Police Station on Sept. 17.

    Ogiri said that Bello went to IK farm and stole 13 crates of eggs and when he was arrested, he confessed to having previously stolen 12 crates on five different occasions.

    He also said that police investigation revealed that Bello was in the habit of selling the eggs to Yahaya, the second accused person.

    When the charges were read to them, Bello pleaded guilty and begged the court for leniency while Yahaya pleaded not guilty.

    In her ruling, the Magistrate, Ramatu Adamu, sentenced Bello to six months in prison with an option of a fine of N10, 000.

    Adamu also ordered him to pay N17, 000 to the complainant as compensation.

    He, however, discharged and acquitted Yahaya of any wrongdoing after establishing the fact that he bought the eggs at their market value without the knowledge that they were stolen.

  • Court to hear Obla’s suit against EFCC Oct 18

    The Federal Capital Territory High Court has adjourned a suit by a Senior Advocate of Nigeria (SAN) Chief Godwin Obla against the Economic and Financial Crimes Commission (EFCC) until October 18.

    He filed the suit in 2017 for recovery of his professional fees allegedly amounting to over N685million of unpaid legal services and expenses incurred while serving as EFCC’s prosecuting counsel.

    The suit, numbered FCT/HC/CV/3220/17, is before Justice V.B. Ashli.

    Obla’s claims include the payment of outstanding professional fees for the prosecution of various high-profile criminal cases on behalf of the EFCC, including the case of FRN v Raymond Omatseye.

    He is also demanding fees for the recovery of several billions worth of assets forfeited to the Federal Government through his firm.

    The suit also seeks the reimbursement of out-of-pocket expenses incurred by his firm for the prosecution of EFCC cases, running into several millions of naira.

    Hearing in this suit commenced in April with Obla testifying.

    Meanwhile, after almost two years of trial, the EFCC closed its case against Obla and Justice Rita Ofili-Ajumogobia before Justice Hakeem Oshodi of the Lagos State High Court sitting in Ikeja, Lagos.

    They were charged with a 31-count charge bordering on an alleged perversion of the course of justice, unlawful enrichment and forgery.

    Obla’s lawyer, Chief Ifedayo Adedipe (SAN) informed the court that having analysed the failure of the prosecution to establish a prima facie case against his client, he would file a no-case submission within seven days.

    First defendant’s counsel Mobolaji Kuti also said his client would file a no-case submission within 14 days.

    Justice Oshodi adjourned until November 2.

  • Court grants interim takeover of firm’s assets

    A Federal High Court in Lagos has ordered Union Bank of Nigeria Plc and a receiver/manager, Gbenga Akinde-Peters, to take interim possession of a landed property belonging to A-Z Petroleum Products Limited.

    The property is Plot 3508, Cadastral Zone A06, Maitama District, Abuja, covered by a Certificate of Occupancy (C of O) of September 7, 2005, and registered as No. 3586, Vol. 18, at the Abuja Land Registry.

    Justice Chuka Obiozor made the order last Thursday, following an application filed and argued by the applicants’ counsel, Temiloluwa Adamolekun, which alleged that the first respondent, A-Z Petroleum, owed Union Bank N5.2 billion.

    The court granted a Mareva Injunction against the property following Union Bank’s argument that it would suffer “a monumental injustice” unless the defendant was so restrained.

    A Mareva Injunction is a court order freezing a debtor’s assets to prevent them being taken abroad.

    Justice Obiozor held: “in the light of the application for Mareva Order, with affidavit in support and written address and submission of the counsel, the application succeeds and is hereby granted.

    “The order granted is to last pending the hearing and determination of the substantive suit.”

    Adamolekun’s application included an interim order authorising the second applicant, Akinde-Peters, to take over exclusive possession of the property, “together with any building and appurtenances thereon, by the virtue of the Deed of appointment made on July 18, 2018, in pursuance of the duly registered tripartite deed of legal mortgage dated September 1, 2018.”

    Adamolekun also sought an order restraining both A-Z petroleum Product Limited, Chief Alex Chika Okafor, their directors, shareholders, employees, officers, agents, servants, privies and any other persons acting on their behalf, from obstructing the Receiver/Manager from performing his duty as Receiver over the said property.

    The lawyer prayed for an order restraining Petroleum Products Pricing Regulatory Agency (PPRA), Federal Ministry of Finance, Debt Management Office (DMO), Accountant General of the Federation (AGF), Central Bank of Nigeria (CBN), who are third to seventh respondents, from releasing any money or funds in form of Sovereign Debt Notes (SDN) or any other instruments belonging to the oil company to the tune of N5, 227, 543, 442 .9 billion, in their custody, pending the hearing and determination of the substantive suit of the matter.

    He further obtained an order directing the third and seven respondents to disclose on oath within 14 days the total sum of money, funds, and Sovereign Debit Notes (SDN), either processed or yet to be processed within the purview of Petroleum Subsidy Scheme, in their custody, belonging to the oil company.

    The applicants, in their affidavit deposed to by Mr Segun Omoshola, averred that the oil firm “failed, neglected to perform its obligations to the bank,” concerning the loan, which continued to accrue interest in line with the terms and conditions as contained in the instruments executed before the granting of facilities.

    “As at April 12, 2018, the company’s indebtedness to the bank stood at N5, 227, 543, 442 .9 billion, while interest continues to accrue at the bank’s lending rate,” they averred.

    The applicants further averred that apart from the defendants’ refusal to liquidate the indebtedness, they were also taking steps to divert and dissipate the SDNs and other funds due to firm from the Federal Ministry of Finance and other government agencies.They claimed that the Subsidy claims that were paid to the first defendant before now had been diverted and not paid to the bank, and that the government agencies were now on the verge of paying another subsidy claims through SDN to the oil firm.