The Nation Newspaper

Tag: Court

  • Court strikes out suit against Saraki’s removal

    A Federal High Court in Abuja has struck out a suit seeking to stop any attempt to reopen the Senate without the authorisation of Senate President Bukola Saraki.

    Justice Nnamdi Dimgba yesterday struck the case off the court’s list, following an application by T. D. Agbe, the lawyer representing the Attorney- General of the Federation (AGF).

    When the case came up, no lawyer appeared on behalf of the plaintiffs, following which Agbe urged the court to strike out the case for want of diligent prosecution.

    He noted that the plaintiffs, who were previously represented by a group of Senior Advocates of Nigeria, including Mahmud Magaji and Emeka Etiaba, were aware that the case was scheduled for September 13 for hearing.

    Agbe urged the court to award a cost of N10million against the plaintiffs, who he accused of filing a frivolous suit.

    “We apply for a substantial cost to be awarded against the plaintiffs to teach them a lesson. This court is not a playground, it is a place for serious business,” Agbe said.

    Lawyers to the Inspector-General of Police (IGP) and the Department of State Service (DSS), Kola Oluwole and Shimana Azeh, agreed with Agbe and requested that the case be struck out.

    In a ruling, Justice Dimgba granted the defendants’ request and struck out the case for want of diligent prosecution.

    The plaintiffs – Senator Rafiu Adebayo (Kwara South) and Isa Misau (Bauchi Central), had claimed that there was an alleged plot by chieftains of the All Progressives Congress (APC) to use security agencies to force Saraki to vacate his position as the Senate President.

    The plaintiffs urged the court to among other things, determine whether: “In view of the combined reading of sections 50(1) (a), 53(1) (a) and 60 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Rules 12 (2) of the Senate Standing Orders 2015 (as amended), the Senate of the Federal Republic of Nigeria has the power to regulate its proceedings, including the power to adjourn its sitting to a date certain?

    “Having regards to sections 50(1) (a), 53(1) (a) and 60 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) read in conjunction with Rules 12 (2) of the Senate Standing Orders 2015 (as amended), whether any member of the Senate other than the President and Deputy President of the Senate can re-assemble the sitting of the Senate to an earlier or later date other than the adjourned date?

     

  • Court sentences robber to death in Ondo

    An Ondo State High Court sitting in Akure, the state capital, yesterday sentenced James Ofem, an armed robbery convict, to death by hanging.

    The court said Ofem was in the notorious robbery gang terrorising residents, mostly motorists on the Ondo-Ore road, and had been on security watch list for a long time.

    Justice Williams Olamide, who delivered the judgment, said the convict was guilty of the two-count charge of conspiracy and armed robbery filed against him.

    He said witnesses alluded to the use arms by the accused during his attacks.

    According to Justice Olamide, the prosecution proved the robbery case beyond reasonable doubt with convincing evidence that the accused was guilty of the crime.

    The Prosecutor from the Department of Public Prosecution (DPP) in the Ministry of Justice, Wale Bamisile, recalled how Ofem, with his gang members, on July 12, last year, robbed Adamu Mustapha of his CoolPad phone, Infinix and Nokia handsets.

    Another witness, Sergeant Franklin Alabi of Enuowa Police Station, who tendered the exhibits recovered from the suspect, noted that investigation into the matter revealed that Ofem was found culpable in the robbery.

    Another witness, Adamu Mustapha, said he and a bus conductor were waylaid by Ofem’s robbery gang around the Liyetu village on the Ondo-Ore road.

    He said: “My conductor and I ran into a barricade on the Ondo-Ore road. Suddenly from nowhere, armed robbers came out and started beating us mercilessly. They robbed us of our clothes, phones and N52,710.

    “We reported the incident to the police station at Enuowa Division in Ondo town. Few days later, they called us that they had recovered stolen items and arrested the culprits.”

  • Court remands man for ‘killing’ 65-year-old woman

    An Ado-Ekiti Chief Magistrates’ Court yesterday ordered the remand of 29-year-old Ojo Yemi for allegedly killing a 65-year-old woman, Josephine Ajayi.

    The defendant, who was arraigned for alleged murder, reportedly killed the woman and threw her body into the river.

    The prosecutor, Inspector Johnson Okunade, told the court that the accused committed the offence on September 9 in Ado-Ekiti, the Ekiti State capital.

    Okunade said Ajayi’s body was later found on the river bank.

    He said the offence contravenes Section 319 (1) of the Criminal Code, Laws of Ekiti State, 2012.

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

    The plea of the accused was not taken, while Chief Magistrate, Mr Adesoji Adegboye, adjourned the matter till October 8 for mention.

     

     

  • I may jump into river, divorce-seeking wife tells court

    A 28-year-old housewife and mother of one, Mautin Idowu, on Wednesday asked a Badagry Customary Court in Lagos State to dissolve her five-year-old marriage to her husband, Michael, to prevent her from committing suicide.

    The petitioner threatened to jump into a river in the coastal city if the court declined to grant her request due to the alleged wayward behaviour of her husband.

    Mautin, a teacher in a public school, said that she was tired of her husband’s disrespect for her family, his intolerable behaviour and lack of love.

    “I was in 300-level at the Lagos State University Distance Learning Programme when I met Michael Idowu in 2012.

    “He was a teacher and I was teaching with my National Certificate in Education (NCE) then; he proposed to me but I rejected because he was older than me.

    “Michael told me that his wife divorced him with two sons and out of pity, I fell in love with him.

    “Few months after, he took me to meet his family. When I got pregnant in 2013, we got married and he paid my dowry.

    “But when I was seven months pregnant, I discovered that my husband had two wives and six children which he hid from me during our courtship.

    “He lied to me, my world broke down but I survived the trauma.

    “ Michael kept me in a two-room apartment in a bushy area, but I still managed to have my baby, ” the petitioner said.

    She told the court that her husband abandoned her and her baby and disrespected her parents by shouting at his mother-in-law and hanging up the phone on her father.

    The respondent was, however, not in court.

    The court’s President, Mr Sakirudeen Adekola, adjourned the case till Oct. 18 to give room for an amicable settlement between the couple.

  • Security guard jailed for removing party bill boards

    A Minna Magistrates’ Court in Niger has sentenced a security guard, Musa Isyaku, to three months imprisonment for removing APC bill boards in Minna.

    Isiyaku, 35, was docked on a charge of mischief, contrary to Section 327 of the Penal Code.

    The Police Prosecutor, Insp. Ahmed Ali, told the court that Isyaku was arrested on Sept.8 by men of the Chanchaga Security Committee while removing the bill boards.

    Ali said the convict, who is also a resident of Chanchaga Community, was handed over to one Salihu Adamu, an APC youth leader in the area, who handed the convict to the police.

    The prosecutor said the convict destroyed and removed some APC bill boards placed along the Minna-Suleja highway.

    Read Also: 61 aspirants pick PDP nomination forms in Edo

    He said that when confronted, Isiyaku claimed the PDP billboards on the same road had been removed by unknown persons, so it was better the road stayed without bill boards.

    When the charge was read to him, he pleaded guilty and begged the court for leniency.

    The prosecutor, had however, prayed the court to try him summarily in line with Section 157 of the Criminal Procedure Code.

    The Magistrate, Sa’adatu Gambo, ordered Isiyaku to pay a fine of N10, 000 or serve three months in prison in the event of default to pay the money.

  • $10.1b cash demand: MTN takes CBN, AGF to court

    Mobile giant MTN Nigeria has taken its battle of integrity to the court.

    It has urged the Federal High Court to restrain the Central Bank of Nigeria (CBN) and the Attorney-General of the Federation (AGF) from enforcing their orders that the telco should refund $8.1 billion and $2 billon to the Federal Government.

    The CBN accused the company of illegally repatriating $8.8 billion through improper Certificates of Capital Importation (CCI). The AGF is  seeking the payment of $2 billion in unpaid taxes over a 10-year period.

    Four local lenders, found wanting in the deal were fined. The fines have since been deducted by the CBN from their accounts.

    The firm has repeatedly rejected both allegations.

    Group Chief Executive Officer (CEO) Rob Shutter is sure  of an amicable settlement of the issues.

    Responding to a question on the crisis on the sideline of the ongoing International Telecoms Union (ITU) Conference at the International Convention Centre (ICC) in Durban, South Africa, Shutter said: “In all its 22 countries of operation, Nigeria is the telco’s largest market.

    The challenges of the past two weeks, he said, will be addressed.”

    The court processes notwithstanding, the telco will  continue to engage with the authorities on these matters.

    In a statement, MTN Corporate Relations Executive Tobe Okigbo said the telco “continues to categorically and unequivocally deny all charges related to the CBN and AGF investigations into the company’s CCIs and unpaid taxes respectively”.

    He said as previously disclosed, the CBN has alleged improper dividend repatriations by MTN Nigeria and requested that $8.1 billion be returned “to the coffers of the CBN, whilst the AGF has alleged unpaid taxes on foreign payments and imports and that approximately $2.0 billion in relation to these taxes be paid to the Federal Government of Nigeria (and now directed that the payment of the $8.1 billion is dealt with through his office rather than as directed by the CBN). MTN Nigeria has denied these allegations and claims.

    “Furthermore, four commercial banks were issued fines in respect of the administration of the CCI and irregular dividend repatriation and requested to return, in aggregate, the same $8.1 billion.

    “The allegations being made involve issues that appear to be complex and so are easily misunderstood and misinterpreted. They are made even more confusing when the relevant authorities send conflicting messages and instructions and act in a way that appears un-coordinated and at cross purposes.

    “The simple reality is that MTN Nigeria has never repatriated dividends on the CCIs referenced by the CBN and that MTN is fully compliant with Nigerian tax law.

    “With situations like this, it is vital for both the government, regulators and the company to have absolute clarity on the nature of both the allegations being made and the processes that are being followed.

    “In the absence of this clarity, our only option is to seek judicial intervention and to ask the courts to act as adjudicator. This has been done today.”

    Okigbo restated MTN’s commitment to Nigeria, pointing out that the company has not committed any offences and will continue to defend its position vigorously.

    “The company will continue engaging with the relevant authorities, and further information will be provided as and when available”, Okigbo assured.

     

  • Court to deliver verdict on DPO’s ‘rights abuse’ case September 17

    A River State High Court in Port Harcourt, the state capital, has fixed for judgment September 17 in a fundamental human rights suit filed against a Chief Superintendent of Police (CSP), Yahaya Bello-Sam, by Mr. Olabisi Afolabi, a lawyer.

    Bello-Sam, who is the Divisional Police Officer (DPO) in charge of Eneka Police Station, is facing charges of assault and unlawful detention of Afolabi before Justice George Omereji.

    Among other things, Afolabi is praying the court to order Bello-Sam to write him an apology letter and publish same in two national dailies.

    The lawyer is also asking for N20 million compensation against the defendant to cushion the effect of the “damages the illegal detention” caused him and his career.

    The matter was filed last month during the judges’ annual vacation and submissions by the parties were held yesterday.

    But the court adjourned judgment till next week.

    Addressing reporters after the sitting, counsel to the plaintiff, Omoniyi Abdulkareem, reiterated his earlier submission before the court that several petitions had been made to the Police Service Commission (PSC) and the Inspector General of Police (IGP) over the activities of the DPO to no avail.

    Counsel to the accused, Pennington Ekom, expressed optimism in the decision of Justice Omereji.

    Also, the state branch of the Nigerian Bar Association (NBA) said it would ensure that security operatives no longer abuse the rights of lawyers and other Rivers State residents.

     

  • Offa robbery: Court summons IGP over Saraki’s absence

    A court in Abuja has summoned the Inspector-General of Police (IGP), Ibrahim Idris, to attend court on September 17, to among others, explain the absence of Senate President Bukola Saraki yesterday.

    Justice Abdullahi Garuba Ogbede of the Grade 1 Area Court, Aco Estate, Lugbe, Federal Capital Territory (FCT), Abuja ordered the issuance of summons to IGP Idris yesterday, following Saraki’s absence when the case in which he (Saraki) is listed as defendant, was called.

    The Senate president is listed as the sole defendant in a criminal complaint made against him by an Abuja lawyer and rights activist, Oluwatosin Ojaomo, in relation to the ongoing investigation by the police into the April 5 bank robbery in Offa, Kwara State.

    In the complaint marked: CR/196/2018, filed under Section 89(5) of the Administration of Criminal Justice Act (ACJA) 2015, Ojaomo argued that Saraki’s alleged refusal to honour an invitation allegedly sent to him by the police, in relation to the Offa robbery investigation, amounted to “obstructing a criminal investigation and disobeying a public officer carrying out a lawful responsibility.”

    At the last hearing on August 3, Justice Ogbede ordered that processes in the case be served on Saraki and adjourned till September 10 for report of service and hearing.

    At the resumption of proceedings yesterday, complainant’s lawyer E. S. Marcus noted that the defendant was absent.

    He said neither the IGP nor his lawyer was in court to explain the defendant’s absence.

    Marcus told the court that when the complainant could not effect service of the processes on Saraki as ordered by the court, it applied, under Section 122 of the ACJA, to the IGP to help effect service on the defendant.

    He said the IGP was required, under the law, to either produce the defendant in court or attend court to explain why the defendant was absent.

    Marcus later applied that the IGP be summoned to enable him explain to the court what efforts he made to ensure that the defendant attended court, an application the court granted by ordering the issuance of a witness summons on the IGP.

    The witness summons dated September 10, reads: “You are hereby summoned to appear before the Grade 1 Area Court, Aco Estate, Lugbe, Federal Capital Territory (FCT), Abuja on the 17th day of September 2018 at 9am to testify about what you know concerning the matter of the said complaint and not to depart thence without permission; and you are hereby warned that if you shall, without just excuse, fail to appear on the said date, a warrant will be issued to compel your attendance.”

    The criminal complaint by Ojaomo reads: “Criminal complaint brought pursuant to Section 89(5) of the Administration of Criminal Justice Act (ACJA) 2015. Please, cause a summons for a direct criminal complaint on the defendant on the following terms:

  • Vulcaniser arraigned over alleged cell phone theft

    A 27 -year-old vulcaniser, Isiaka Waheed, was on Friday arraigned in an Ikeja Magistrates’ Court, for allegedly absconding with a cell phone, valued at N78,000.

    According to the prosecutor, Sgt. Godwin Awase, the accused committed the alleged offence on July 14 at Oshodi, Lagos.

    He said that the accused stole the Galaxy Samsung S6 cellphone belonging to Mr Gbolahan Babatunde.

    Awase said that the complainant gave his phone to the defendant when members of taskforce were chasing sellers from their business places.

    “The complainant gave his phone to the accused, his customer, for safe keeping in order for him to be able to pack his goods when they were being chased.

    “The accused ran away with the phone and refused to show up again at the complainant’s shop as usual.

    “When he was finally apprehended at his hiding place, he claimed to have sold the phone to an unknown person at the computer village at the rate of N20,000.

    “The accused was handed over to the police, “the prosecutor said.

    The offence contravened Section 287 of the Criminal Law of Lagos State, 2015.

    Read Also: Domestic violence: Police urge women to speak up

    The News Agency of Nigeria (NAN) reports that the section carries three years jail term for stealing.

    Waheed, who resides at Ayobo-Ipaja, Lagos, entered a `not-guilty’ plea.

    The Magistrate, Mrs F.F. George granted bail to the accused in the sum of N50,000 with one surety in like sum.

    George said that the surety should be gainfully employed and show evidence of two years tax payment to the Lagos State Government.

    The case was adjourned until Oct. 4 for mention.

  • Court to hear suits against change of Senate leadership Sept 19

    A Federal High Court in Abuja has fixed September 19 for the hearing of about six suits seeking to stop the planned removal of Bukola Saraki as Senate president.

    All the suits want the court to declare as unlawful, Saraki’s removal from office via means other than that provided in Section 50(2)(c) of the Constitution.

    Section 50(2) provides: “The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office…. (c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House.”

    The September 19 hearing date was chosen yesterday by Justice Nnamdi Dimgba to enable parties file necessary papers and prepare.

    The suits include: United People’s Congress (UPC) vs. Attorney-General of the Federation & four others, Okpako Grant vs. All Progressives Congress & others and Senator Rafiu Adebayo & one other vs. the Senate of the Federal Republic of Nigeria & others. Others are: Hon. Benjamin Tivfa vs. IGP & others, the Incorporated Trustees of C.S.O.C.L.O. vs. Senator Bukola Saraki and others and Ikenga Imo Ugochinyere & another vs. the Senate of the Federal Republic of Nigeria & others.

    UPC, in the suit filed by its lawyer, Chief M. A. Igwe, said there was need for a formal court’s pronouncement on the proper interpretation of the provision of the Constitution on the proper mode of changing the leadership of a federal legislative house.

    In a supporting affidavit deposed to by its National Chairman, Kenneth Ibe-Kalu, the plaintiff claimed that the determination of the suit would guide persons seeking election on its platform into the National Assembly as to their rights when elected as legislators as well as the rights of their party.

    The UPC said it is already planning a retreat, which will be regular, for all its candidates for the 2019 elections, to let the candidates understand their rights and powers, including their rights and powers as sought to be declared by the court.

    It added: “As a registered political party, the plaintiff has a right to know the true position of the law as provided by the constitution of the Federal Republic of Nigeria, 1999 (as amended), as the provisions of the Constitution are not self-executory.

    “That it is only a court set up under the 1999 Constitution (as amended) as this honourable court that has the power to interpret the constitution.”

    The plaintiff wants the court to declare:  “That the President of the Senate, the Deputy President of the Senate, the Speaker of the House of Representatives and the Deputy Speaker of the House of Representatives can only be removed from office by Section 50(1) (a) and (b) and Section 50 (2) (c) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and in particular, can only be removed by a resolution of that House by votes of members not less than two-thirds majority of all the members of that House.”

    It also seeks a declaration “that the two-thirds majority for removal of President of the Senate, the Deputy President of the Senate, the Speaker of the House of Representatives and the Deputy Speaker of the House of Representatives as provided in Section 50(1) (a) and (b) and Section 50 (2) (c) of the Constitution of the Federal Republic of Nigeria, 1999 as amended refers to two-thirds of all members of that House and not two-thirds of members present at the sitting.”

    Defendants in the suit are: the Attorney-General of the Federation, National Assembly, President of the Senate, Speaker, House of Representatives and Clerk of the National Assembly.