The Nation Newspaper

Tag: Court

  • Court adjourns contempt charge against INEC boss indefinitely

    Justice Stephen Pam of the Federal High Court, Abuja has adjourned the contempt charge against Independent National Electoral Commission Chairman Prof. Yakubu Mahmood indefinitely, based on the stay of proceedings issued by the Court of Appeal.

    The Court of Appeal on Monday gave an order barring the arrest of Prof. Mahmood, issued on August 1.

    Justice Abdul Aboki said it would be wrong for the lower court to proceed with hearing of the matter.

    In his ruling yesterday, the judge agreed that although Section 306 of the ACJA does not allow or permit stay of criminal matter, he will adjourn the matter indefinitely.

    Justice Pam said: “A date will be communicated to both parties in this matter after the court resumes from vacation.”

    The judge on August 1 issued a bench warrant against the INEC chief, following his failure to appear before the court on three occasions to defend himself in the contempt charge brought against him by Ejike Oguebego and Chuks Okoye, chairman and legal adviser of the Peoples Democratic Party (PDP).

    In the first order, the police were supposed to produce Prof. Mahmood in court on August 8. However, the INEC chairman was not in court on the said date, forcing the court to adjourn till August 14 with the same order earlier on August 1.

     

     

  • Court to hear five PDP members’ bail applications August 23

    A Lagos High Court yesterday adjourned till August 23 hearing in the bail applications brought by five People’s Democratic Party (PDP) members charged with murder.

    The applicants are Rotimi Kujore, Ismaila Abiola, Kehinde Fasasi, Fatai Adele and Amos Fawole.

    They were accused of involvement in the killing of PDP’s Apapa Local Government Area (LGA) Chairman Adeniyi Aborishade on July 21.

    The police arraigned them before Chief Magistrate Oyetade Komolafe of the Yaba Chief Magistrates’ Court on July 25 for alleged conspiracy and unlawful killing.

    Mr Komolafe granted the police request for their 30-day remand in prison, pending the advice of the Director of Public Prosecutions (DPP).

    But they challenged their detention at the high court.

    When the matter, came up yesterday before vacation judge, Justice Emmanuel Ogundare, the defendants’ counsel, Mr K. O. Osinowo, sought the leave of the court to apply for their bail.

    He came by way of an August 7 motion ex parte. The matter, he explained, was for urgent hearing.

    According to him, the defendants were being held for an offence they were innocent of.

    “They were in a meeting and one of them got shot,” Osinowo told the judge.

    He drew the court’s attention to the dismissal of the same charge against the Chairman of the PDP in Lagos State, Mr. Moshood Salvador and 10 others, by an Ikeja High Court on Tuesday, following the DPP’s report.

    He said: “I believe that the same thing will also happen when the DPP’s advice concerning these defendants is out.”

    Justice Ogundare granted his prayer and adjourned till August 23.

  • Trader remanded in prison over alleged armed robbery

    A Daura Road Chief Magistrates’ Court, Kaduna, on Wednesday ordered the remand of a 25-year-old trader, Shehu Abdulazeez, accused of armed robbery.

    The Magistrate, Abdulkadir Musa, who ordered remand of Abdulazeez in Prison, did not take his plea, but ordered that the case file be taken to the Director of Public Prosecutions for legal advice.

    The magistrate adjourned the case until Sept. 5.

    The defendant who resides at Barakallahu area of Kaduna, was arraigned on charges bordering on conspiracy, armed robbery and unlawful possession of arms.

    The prosecutor, Insp. Akinga Akila, told the court that the offences were committed on June 12, along Air Force Training School in Kaduna.

    According to the prosecutor, the defendant and his accomplice now at large, robbed one Mrs Lydia John of her Toyota car, valued at N1.8 million at gun point.

    “The complainant was on her way home at exactly 4.00 p.m. along Air Force Training School when the defendant and his other accomplice who were on motorcycle deliberately hit the car from behind.

    “When the complainant stopped the engine of her car to see the damage done to it, they pointed a gun at her and snatched her car,’’ Akila said.

    The prosecutor said that the case was reported at Rigachikun police station before it was transferred to State Criminal Investigation Department for further investigation.

    “The police got an information about the defendant whereabout and he was tracked down and arrested, ” he said.

    The offences contravened Section 6 (b) and 1(a)(b) of Robbery and Firearms Act, 2004.

  • Court stops Kwara Assembly from suspending lawmaker

    A Kwara State High Court in Ilorin has restrained the House of Assembly and its agents from investigating and suspending the Saheed Popoola (Balogun/Ojomu).

    Popoola is the only member of the All Progressives Congress (APC) left in the House after most of his colleagues defected to the Peoples Democratic Party (PDP).

    The House launched a probe into the alleged falsification of certificate and issuance of dud cheque against Popoola, who approached the court to challenge the decision of the House.

    His lawyer Salman Jawondo filed a-32 paragraph affidavit, praying the court to stop the Speaker and other lawmakers from suspending him.

    According to him, the defendants have no power to suspend the claimant, truncate and/or interfere with the claimant’s tenure and performance based on criminal allegations of forgery of educational qualifications submitted by the claimant.

    Justice T.S Umar after hearing the motion, said “the defendants/respondents and or any person or group of persons acting on their behalf are hereby restrained from investigating, inquiring into, determining and or taking any step as legislative house on criminal allegations of forgery of educational qualification(s) submitted by the claimant for election and issuance of dud/bounced cheques made against the claimant.

    “The defendants/respondents are hereby restrained from suspending the claimant/applicant and or truncating and or any way interfering with claimant/applicant’s tenure and performance, and enjoyment of his legislative functions and duties pertaining to his office.”

    He thereafter adjourned the case till August 17.

    Bauchi, Katsina senators-elect get Certificates of Return  The Independent National Electoral Commission (INEC) has issued Certificates of Return to senators-elect Ahmad Kaita, (APC – Katsina North) and Lawal Yahaya Gumau (APC, Bauchi South), following their success in last Saturday’s by-elections.

    A statement yesterday by INEC’s Director of Publicity and Voter Education, Oluwole Osaze-Uzzi, said both men won in their respective constituencies.

    Kaita, who lauded INEC for conducting a credible election, said: “Even as I experienced some difficulties at getting the impressions of my PVC picked by the Card Reader, yet I believe INEC has done well.”

    Gumau described the election as equal to none in terms of level of preparations and conduct of INEC officials.

    He urged the people to continue to support INEC to conduct credible elections.

    The by-elections were conducted to fill the vacancies created by the deaths of the former occupants of the seats.

  • Court frees Lagos PDP Chairman, 10 others of murder

    An Ikeja High Court yesterday dismissed the murder charge preferred against Lagos State People’s Democratic Party (PDP) Chairman Mr Moshood Salvador and 10 others.

    Justice Obafemi Adamson freed the defendants following the advice of the Director of Public Prosecution (DPP), exonerating them of the killing of Apapa Local Government Area PDP Chairman Adeniyi Aborishade on July 21.

    The others are: Kehinde Fasasi, Rotimi Kujore, Fatai Adele, Ismaila Abiola, Amos Fawole, Victoria Falowo, Mukaila Odukoya, Oropo Isaac, Mohammed Babangida and Ugochukwu Nwoke.

    They were docked before Chief Magistrate Oyetade Komolafe of the Yaba Chief Magistrates’ Court on July 25 for alleged conspiracy and unlawful killing.

    Mr Komolafe remanded them in Kirikiri Prison following their not guilty plea and adjourned till August 27 for the DPP’s advice.

    But Salvador, through his counsel Mr Lawal Pedro (SAN), challenged his remand and sought a dismission of the charge, among others, at the high court.

    When the matter, came up before Justice Adamson yesterday, an Assistant Director of Public Prosecution, Mr Olaitan Soetan, said there was a “development” regarding Salvador’s prayers.

    The judge’s attention was drawn to the DPP’s report to the lower court recommending the defendants’ discharge for want of evidence.

    The report, endorsed by Lagos State Attorney-General, Mr Adeniji Kazeem, advised the police to release the suspects and intensify the hunt for the actual killers.

    It, however, advised the police to charge Kehinde Fasasi with disorderly conduct contrary to Section 168(d) of the Criminal Law of Lagos State for causing the fracas that led to the incident

    Pedro affirmed the new state of affairs and told the court that “the matter has been overtaken by circumstances.”

    He urged the court to dismiss the charge.

    Ruling, Justice Adamson freed the defendants based on the DPP’s advice.

  • Court orders high chief to vacate Obaaji-Odo stool

    A High Court in Ekiti State has declared that Mr Saliu Bolarinwa Lawal, who claimed to be the Obaaji-odo of Ise-Ekiti, as not a bonafide member of the Obaaji family.

    The court held that his installation did not follow due process and customs of the Obaaji-Odo family.

    It, therefore, declared Lawal an illegal occupant of the chieftaincy position.

    The court ordered him to vacate the position immediately.

    The claimants had filed a suit numbered HIS/1/2016 to challenge Lawal’s installation as “High Chief Obaaji-Odo of Ise-Ekiti” by the Arinjale of Ise-Ekiti, Oba Ayodele Adetunji Ajayi.

    The claimants – Pastor Zaccheus Akindahunsi, Chief Felicia Ekundayo and Akinwumi Omoeji – represented the Obaaji-Odo family.

    They sued Oba Ajayi, Lawal and three others.

    The court granted the claimants’ nine prayers.

    It recognised Akinwumi Omo-Eji as the only legal nominee into the Obaaji-odo Chieftaincy title, adding that his nomination followed due process.

    The judgment led to jubilations within the Lereke area as well as Ise-Ekiti and its environs.

    A youth, Mr Femi Adeyemi, said: “The town is relieved now. Everyone knew that the wrong that was done to the Obaaji family by the installation of the wrong person will not stand for long.”

    A Lagos businessman, Mr Shola Egunjobi, who is a member of the Obaaji family, said: “We the Obaaji family went into this contest with God on our side.

    “We were very keen to lay the right foundation for generations yet unborn for our families, the Ise-Ekiti township and Ekiti State in general, such that the right of the family is not given to another family.

    “It would have been an abomination that may never be corrected again for life. The judiciary did a thorough job, and found good courage to pronounce this profound judgment.”

    The chieftaincy title, the Obaaji-odo of Ise-Ekiti, is the most important chieftaincy in Ise-Ekiti and the second highest after the traditional ruler, the Arinjale of Ise-Ekiti.

    The Obaaji-odo is also the head of Larafa Mefa – the kingmakers of the ancient town.

    The Obaaji family is highly reputed in Ise-Ekiti, and has helped to bring civilisation and progress to the town through its many sons and daughters.

    Ise-Ekiti, an ancient town, is one of the original 16 kingdoms of Ekitiland. It shares boundary with Ado-Ekiti, Emure-Ekiti and Ikere-Ekiti.

     

  • Lawyer to court: compel INEC to extend voter registration

    A Lagos  lawyer, Olumide Babalola, has sued the Independent National Electoral Commission (INEC) over its plan to suspend the voter registration exercise.

    He is praying the Federal High Court in Lagos to order the continuation of the exercise beyond August 17.

    Babalola is seeking the interpretation of Section 9(5) of the Electoral Act concerning INEC’s powers to suspend the continuous voter registration exercise this month.

    According to him, the law provides that the registration should continue for a period of 30 days before the general elections.

    By his originating summons dated July 30, the plaintiff is seeking a declaration that, by virtue of Section 9(5) of the Electoral Act 2011 (as amended), INEC ought not stop or suspend the continuous voter registration on August 17, a period of about six months before the general elections in February 2019.

    He is praying for a declaration that the respondent’s plan is a violation of sections 9(5) and 10 of the Electoral Act 2011 (as amended).

    Babalola is praying for a perpetual injunction restraining the respondent from suspending the registration exercise until 30 days before the 2019 general elections as provided in Section 9(5) of the Electoral Act 2011 (as amended).

  • Saraki asks court to restrain AGF, IG, others from ‘unlawfully’ removing him

    The Federal High Court in Abuja has been asked to among others, restrain the Attorney General of the Federation (AGF), the Inspector General of Police (IGP) and the Department of State Services (DSS) from supporting any effort to sack Senate President Bukola Saraki through means other than that provided for under Section 50(2)(c ) of the Constitution.

    The request from part of the reliefs in a suit filed on Monday by Senators Rafiu Adebayo (PDP, Kwara South) and Isa Misau (PDP, Bauchi Central) through a team of lawyers, including former Attorney General of the Federation (AGF) Kanu Agabi (SAN) and Mahmud Magaji (SAN).

    The plaintiffs stated that, going by recent occurrences and utterances by some leaders of a faction of All Progressives Congress (APC), from which they had defected, they were convinced of plots to force Saraki off the Senate President’s seat by 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.”

    Listed as defendants in the suit are: The Senate, the Senate President, Deputy Senate President, Senator Ahmed Lawal (Senate Leader), Senator Bala Ibn Nallah (Deputy Senate Leader), Senator Emma Buacha (Deputy Minority Leader), Clerk of the Senate, Deputy Clerk of the Senate, Attorney General of the Federation, Inspector General of Police and Department of  State Services (DSS).

    Misau stated, in a supporting affidavit, that there was evidence of threat of constitutional breach which require the court to intervene by restraining the defendants from resorting to unconstitutional means to actualise their alleged threat and plot to unseat the Senate President following his defection to the PDP.

    The plaintiffs are praying the court for, among others, an order restraining the 9th, 10th and 11th defendants, either by themselves, agents, servants, privies by whatsoever name so called from enforcing any act of the 1st,  3rd to 8th defendants purporting to have removed the 2nd defendant from office without such act being in compliance with the provisions of Sections 50(2) of the Constitution of the Fedora! Republic of Nigeria, 1999 (as amended).

    * A declaration that the President of the Senate cannot be said to have vacated his office by virtue of Section 50(2)(c) of the Constitution when he has not been removed from office by the votes of not less than two-third majority of the members of the Senate.

    No date has been set for the hearing of the suit.

  • Court remands three for ‘robbery’

    A Daura Road Chief Magistrates’ Court in Kaduna, Kaduna State, yesterday ordered the remand of three men for alleged robbery.

    The defendants – Rabiu Abdullahi, Ibrahim Dahiru and Anas Mohammed – are standing trial on a two-count charge of criminal conspiracy and robbery.

    Prosecutor Akinga Akila told the court the matter was transferred to the State Criminal Investigation Department (SCID).

    He said on July 6, at 2 pm, the defendants robbed passengers of their property on Ishaku Road, Ungwan Rimi in Kaduna, when they boarded a tricycle.

    Akila said the passengers were robbed of their phones and wallets containing a school’s identity card and voter’s card, before they were caught.

    He said the defendants confessed during investigation, adding that the offences contravened sections 59 and 283 of the Penal Code.

    Magistrate Abdulkadir Musa declined to take the plea of the defendants because the court lacked jurisdiction to hear the matter.

    He ordered the police to forward the case file to the Director of Public Prosecutions (DPP) for legal advice, and adjourned the case till September 5.

     

  • Court orders Daily Times to pay ex-workers N1.9m salary arrears

    The National Industrial Court in Lagos has ordered Daily Times of Nigeria Plc to pay two of its ex-workers, Uzuakpundu Nduka Patrick and Scott Babatunde, N1,900,000 as accumulated salary arrears.

    Justice Mustapha Tijani gave the order while delivering judgment in a suit filed by both defendants alleging wrongful dismissal.

    The N1.9m comprises N910,000 accumulated salary arrears and N40,000 as one month salary in lieu of notice of disengagement to each defendant.

    The judge held: “I am satisfied that the claimants have established their entitlement to the reliefs sought and, for the avoidance of doubt, it is hereby ordered that within 30 days the date of this judgment, the defendant shall: pay to each of the claimants the accumulated arrears of salaries between November 17, 2014 and August 12 2016, in the sum of N910, 000 only.

    “Pay to each of the claimants the sum of N40,000 being the one month salary in lieu of notice of disengagement as contained in the letter of offer of employment dated November 27, 2015.

    “Failure to comply with any of the above order shall attract an interest oi 10% per annum until the judgment sum is fully liquidated.”

    First and second claimants Patrick and Babatunde, both journalists, sued the company in 2017.

    They averred that they were employees of the defendant from November 17, 2014 until they were served letters of disengagement on August 12 and 11, 2016 respectively, though retrospectively dated August 4, 2016.

    They told the court that they were each appointed by the defendant as Copy Editors with a monthly total remuneration of N120, 000 each.

    They resumed duty on November 17, 2014, thus worked for two weeks in November 2014, but were subsequently each issued new letters of appointment as ‘Reporters’ on November 27, 2015 but with effect from December 1, 2015 on a total monthly remuneration of N40,000 each.

    They averred that all their efforts in making the defendant pay their outstanding arrears of salaries owed them proved abortive.