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Tag: Court

  • Court remands businessman for allegedly defiling minor

    A Kaduna Chief Magistrates’ Court yesterday ordered the remand of 40-year-old businessman, Bala Adayi, for allegedly defiling a five-year-old girl.

    Magistrate Mr. Ibrahim Sidi ordered that the defendant be remanded in prison, pending advice from the State Director of Public Prosecutions (DPP).

    Sidi, who refused to take the plea of the accused, adjourned the case till August 24.

    Adayi, a resident of Ungwan Mabusa Giwa, in Kaduna Area Council, is facing a one -count charge of rape.

    Prosecutor Luka Yilga told the court that Dauda Hayatudeen of Sabuwar Ungwan Giwa Kaduna, reported the case at Giwa Police Station, Kaduna on July 19.

    He alleged that the accused lured the complainant’s daughter to a hidden place, in-between two uncompleted buildings, where he defiled her.

    Yilga said during investigation, the accused confessed to the crime.

    He said the offence contravened Section 258 of the Kaduna State Penal Code, 2017.

  • Court voids cleric’s suspension

    A High Court of the Federal Capital Territory (FCT) in Bwari, Abuja, has voided the suspension of Rev. Nicholas Anyanwu as the District Superintendent of the Abuja District of the Assemblies of God Church, Nigeria.

    Justice O. A. Musa also declared as unlawful and a nullity, all processes leading to the suspension of Rev. Anyawu by some of the church’s leaders, without affording him the opportunity of fair hearing as guaranteed under Section 36 of the Constitution.

    Some senior members of the church, led by the Assistant General Superintendent, Chidi Okoroafor, accused Anyawu of allegedly mismanaging church fund.

    They accused Anyanwu of mismanaging the church’s funds in 2014, and proceeded to set up a panel, which found Anyanwu guilty.

    Anyanwu, who faulted the   panel, accused it and the church of denying him the right to fair hearing and to present his case.

    Justice Musa in his July 5 judgment was convinced that the applicant proved his case.

    He said: “To this end, I disagree with the submissions of the respondents and dismissed same and, therefore, enter judgment for the applicant.”

    He thus granted the applicant’s reliefs and prayers, and declared that the allegations of mismanagement of funds, stealing and/or conversion of church funds constitute criminal offences for which the applicant ought to be tried before a court of competent jurisdiction.

    The judge also declared that by the provision of Section 36(1) of the Constitution, the allegations of criminal offence against the applicant could only be tried by a competent court and not by an administrative panel of inquiry or investigative panel set up by the respondents.

    Justice Musa, who voided the findings and recommendation of the investigative panel, declared the May 16 20014 decision as illegal.

    The judge also declared illegal, the subsequent oral public announcement, of the applicant’s suspension, through the various pastors of the Assemblies of God Church in Abuja on May 18, 2014. He awarded N2 million in cost against the respondents and in favour of the applicant for the malicious publication of the purported suspension in a national daily.

    Anyawu thanked God for vindicating him, saying he has forgiven those behind his ordeal.

  • Two in court for stealing laptop, phone

    Two men, Michael Ibironke, 21, and Azeez Adedeji, 28, who allegedly burgled a house and stole a laptop and a phone, valued at N253,000 were on Monday docked before an Ikeja Chief Magistrates’ Court, Lagos.

    Ibironke, an electrician; and Adedeji, a bet 9ja agent; both residing at No 8, Bode St., Agege, Lagos, are being tried for burglary, conspiracy and stealing.

    The Prosecutor, Insp. Victor Eruada, told the court that the offences were committed on July 7 at the same address.

    Eruada said that the accused burgled the room of one Mr Michael Adeleye and carted away a laptop and mobile phone valued at N253, 000.

    “The duo gained access to the room of the complainant through the burglar proof of the window.

    Read Also: Two in court for alleged gang rape

    “The duo stole a laptop and a mobile phone kept in the house,’’ Eruada said.

    The prosecutor said that the accused succeeded in stealing the items and were about escaping when they were caught by other neighbours.

    The offences contravened Sections 287, 306 and 411 of the Criminal Law of Lagos State, 2015.

    The accused, however, entered a not guilty plea.

    The Chief Magistrate, Mrs M.I. Dan-Oni, admitted the accused to bail in the sum of N100, 000 with two sureties in like sum.

    Dan-Oni adjourned the case until Aug.20, for mention.

  • MFM defamation: Court slams N3.5 million against lawyer

    THE MFM church has been awarded N3.5 million among other penalties against Chief Oluwatoyin Sadik  a Lagos based lawyer and Principal Counsel of R. O. Sadik’s Law Chambers.

    The church won the case against Sadik for the libellous interviews he granted to an online medium, Sahara Reporters and Crime World against the MFM and its General Overseer, Dr D.K. Olukoya.

    The judgement follows an action brought against the defendant in Suit Number HU/242/2017 between Incorporated Trustees of the MFM & Chief Oluwatoyin Sadik in the High Court of Akwa Ibom State, Uyo Judicial Division seeking remedy for the insulting, damaging and false content of the separate interviews.

    In the judgement, the presiding judge; Justice Augustine Odokwo upheld all the claims of the Plaintiff and awarded the total sum of N3.5 million as general and aggravated damages and costs against the defendant.

    In addition, the judge directed the defendant to tender a written apology and retraction which must be published prominently in two online media platforms and full page in two nationally circulating newspapers and two other internationally circulating magazines

    The judge also granted perpetual injunction restraining the defendant by himself, his agents, servants, privies and other persons from further publishing and disseminating libellous stories and statements against the MFM Ministry and Dr Olukoya.

    In September 2016, the defendant had in an interview with Sahara Reporters had alleged that some portion of the parcel of land housing MFM’s Prayer City Development was wrongly acquired without due compensation to his clients whom he alleged to be the rightful owners. He had also alluded that the acquisition was commercialized with portions sold at premium, all in an attempt to blackmail the MFM Ministry. He also repeated the same interview and caused the Crime World Magazine to publish same in hard copy in October 2017 with additional false and malicious statements.

  • Court grants Stella Obasanjo’s brother bail

    Justice Mojisola Dada of a Lagos State Special Offences Court in Ikeja, yesterday, granted bail to a businessman, John Abebe, who is on trial for alleged forgery and $4 million fraud.

    She adjourned the case till October 23, 24 and 25 for trial.

    Abebe is the younger brother of the late Mrs. Stella Obasanjo, wife of ex-President Olusegun Obasanjo.

    He was arraigned on July 26 by the Economic and Financial Crimes Commission (EFCC) on a four-count charge of forgery, fabricating evidence, using fabricated evidence and attempt to pervert  justice.

    Abebe pleaded not guilty. The judge remanded him in Ikoyi prison and adjourned till yesterday to hear his bail application.

    At the beginning of proceedings, the defendant’s counsel, Kanu Agabi (SAN), moved a motion for his bail following a July 25 application, supported by an 11-paragraph affidavit.

    He said: “My Lord, the fact that the defendant has taken the trouble to hire the services of the calibre of counsel here shows that he is not interested in jumping bail.

    “He is anxious because his reputation is at stake. The granting of bail is in your discretion and it is not at all a formality.

    “Lastly, My Lord, there is a principle that applies during sentencing, particularly when Your Lordship wants to apply a fine in terms of imprisonment.

    “This applies to bail. The bail should be affordable, if not, it will be an illusion. Merely looking at the defendant, you will see he is a man of rank and position.

    “Our law permits bail to the defendant and that provision will be useless if he cannot avail himself of the bail.”

    But EFCC counsel, Mr. Babatunde Sonoiki, opposed him.

    He said: “Before the law, there is no high profile or low profile person. Justice is blind. If the court is minded to give bail, we want the bail to be such that it will compel his attendance in court, as these are serious allegations against him.”

    Upholding Abebe’s application, Justice Dada noted that documents before her showed investigations had been concluded in the case, saying the chances of interference in the proceedings by the defendant were low.

    “In view of the facts before the court, I hereby grant the defendant bail upon the submission of his international passport to the court registrar, with one substantial surety.

    “The surety must own property in a choice area in Lagos and must provide proof of ownership.”

    Following the ruling, it was brought to the judge’s attention by the defence that Abebe’s passport was still in the EFCC’s possession.

    Justice Dada said: “Since the passport of the defendant is with the EFCC, he is hereby granted bail on fulfilment of other conditions.”

    The EFCC said the defendant committed the offences on June 22, 2010, in Lagos.

    It alleged Abebe “knowingly forged BP Exploration Nigeria Ltd’s letter dated November 30, 1995, to Inducon (Nigeria) Ltd.”

    The anti-graft agency alleged the businessman illegally inserted into page two of the letter the following: “Also note that the ‘Buy-Out Option’ only applies to the pre-production stage of the NPIA. The $4m buy-out is thus irrelevant from production of oil in any of our fields.”

    It claimed Abebe attempted to pervert justice by tendering the alleged forged November 30, 1995, letter “as a fabricated evidence” in court, in a suit between Dr. John Abebe, Inducon Nigeria Ltd and Statoil Nigeria Limited.

    In another count, EFCC said the defendant made an attempt to mislead the court by using fabricated evidence, contrary to Section 120 (2) of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.

    The court heard that by attempting to pervert justice, Abebe violated Section 126 (2) of the Criminal Code Cap C17, Law of Lagos State of Nigeria, 2003.

    The prosecution said the offence of forgery violated Section 467 of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.

     

  • Man, 39, bags 10 years for rape in Enugu

    An Enugu State High Court on Wednesday sentenced a 39 year old man, Ede Eze to 10 years imprisonment for rape.

    The trial judge, Justice Ngozi Oji had on Tuesday, last week, convicted the accused on a one count charge but subsequently suspended the sentence till Wednesday. ‎

    The charge reads: “Ede Eze on or about the 2nd day of September, 2014 at Ubahu Community in Enugu East Local Government area of Enugu state had carnal knowledge of one Oluchukwu John without her consent, and thereby committed an offence contrary to section 309 of the Criminal Code Law Cap 30 volume II laws of Enugu state of Nigeria, 2004”.

    However, pronouncing the 10 years jail term the court said it was to serve as a deterrent to others who see rape as just something ordinary or minor.

    The judge stressed that it was disheartening that rape cases have become prevalent in our society.

    The prosecuting counsel, Ngozi Okoye, thanked the judge for the courage to hand down the 10 years sentence.

    She said the sentence was in order and is a welcome development due to the prevalence of rape not only in Enugu state but also in other parts of the country.

    She encouraged other women who have been abused or had gone through any form of sexual violence to come to Tama Sexual Assault Centre Enugu (TAMASAC), report their case for immediate redress.

    Okoye warned those in the act of rape to know that rape is a crime, “not only against an individual but also against the society. The long arm of the law will definitely catch-up with you if you are found guilty of rape.”

    The Enugu State Commissioner, Ministry of Gender Affairs, Princess Peace Nnaji, who was in the court said that with the judgment, history has been made. “People are taking the case of rape for granted but today they have seen that case of rape is very serious. To hand down a jail term of 10 years is not something to be joked with. Anybody that is involve in a rape or contemplating of raping anybody has to think twice.”

    She promised that Enugu State government would continue to do everything possible to dissuade those contemplating committing rape in the state.

  • Man arraigned for stabbing customer

    A-30 year old man, Muhammad Hassan, has been arraigned before an Ondo Magistrate Court for stabbing one of his supposed customers, Emeka Nwoku, with a ‘suya’ knife.

    Hassan was arraigned on a one-count charge of causing bodily harms on July 29, 2018.

    Police Prosecutor, Inspector Patrick Agbonifo, told the court that the offence contravenes Section 335 of the Criminal Code, Cap 48 Vol. II Laws of the defunct Bendel State now applicable in Edo State.

    Read Also: Court orders arrest of INEC chairman

    Hassan however pleaded not guilty to the charge.

    Presiding Magaistrate, Mrs. I.A Osayande granted Hassan bail to the sum of N190,000 and a surety in like sum.

    The case was adjourned to August 16 for hearing.

  • Court clears Bafarawa, three others of N13b fraud

    •EFCC kicks, opts for appeal

    A Sokoto State High Court has discharged and acquitted former Governor Attahiru Bafarawa of the alleged N13 billion fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).

    Salihu Maibuhu Gummi and Nasiru Dalhatu Bafarawa, younger brother to the PDP presidential aspirant, were also discharged and acquitted.

    Justice Bello Abbas noted that the evidence advanced by the prosecuting counsel lacked substance, was contradictory and imaginary, and therefore did not substantially prove the case of fraud against the plaintiff.

    Bafarawa, who was governor of Sokoto State from 1999 to 2007, is accused of fraudulent transactions, and the case has lasted over eight years.

    The former governor, with 17 others, faced a 144-count charge in 2009. The charges were however reduced to 34 with some of the accused dropped for lack of evidence against them, others granted state pardon and some deceased.

    Justice Abbas said the count charges had dropped to 22 with only three persons standing trial.

    According to him, the accused persons were discharged and acquitted on grounds that the case could not be established beyond reasonable doubt.

    Bafarawa said justice would always prevail when your hands are clean, quoting President Muhammadu Buhari that “Bafarawa was not a thief when they arrested him in Abuja over the issue”.

    He wondered why he was accused of misappropriating N13 billion when he left N12 billion in the state coffers, another N500 million in the account of the Sultan Muhammadu Maccido Institute for Quranic and General Studies, and an additional N1 billion iron rods investment for the state.

    “I call on President Muhammadu Buhari and the EFCC to investigate these facts so that Nigerians will be convinced that the fight against corruption is not biased,” he added.

    The Economic and Financial Crimes Commission (EFCC) described the ruling as “shocking and unacceptable”.

    A statement by the Head of Media and Publicity, Mr. Wilson Uwujaren, said the agency believes the judge erred in law.

    The statement reads: “In the course of the trial, EFCC called nine witnesses and presented several documents that were admitted in evidence, while the defendants called only six witnesses. Surprisingly, Justice Abbas discharged and acquitted the accused of all counts on the premise that the evidence presented by the prosecution were “mere hearsay”,  and there were “no documentary evidence” to back up the claim of witnesses.

    “The Commission believes that the judge erred in law, and has mandated its counsel to appeal the ruling at the Court of Appeal. The judgment of Justice Abbas is the climax in the series of twists and turns that the trial had witnessed over the last nine years or so.

    “The defendants, with 12 others, were first arraigned on 47 counts on December 16, 2009, before the Sokoto State High Court; they all pleaded not guilty to the charges.

    “Soon after their arraignment, the defendants filed a motion asking the court to quash the charges against them. The said motion was dismissed by both the trial court and the court of appeal.

    “On September 29, 2011, the prosecution filed an amended 44-count charge against the accused persons. But while the case was on, one of the accused, Abdullahi Bida, died while Aisha Mohammed Binji was discharged following a nolle prosequi application filed by then Attorney-General of Sokoto State.”

    The EFCC also faulted the state pardon granted five of the defendants.

    The statement added: “Even more shocking is the wholesale pardon of five of the defendants by Governor Aminu Tambuwal. Those pardoned by Tambuwal are Alhaji “Tukur Alkali, who is the Commissioner for Animal Health and Fisheries Development; Commissioner for Home Affairs Isa Achida; Chairman, Governing Board, National Commission for Colleges of Education Alhaji Maigari Dingyadi; the member representing Isa constituency at the House of Assembly, Habibu Modachi; and a Permanent Secretary Isah Bello. The hitherto  five suspects were arraigned on a 22-count charge of conspiracy, criminal misappropriation, theft and receiving of stolen funds.

    “On December 16, 2017, the prosecution closed its case against the defendants who, through their counsel, filed an application for no-case submission which was subsequently dismissed by the court on the January 31, 2018.

    “Justice Abbas, on May 8, reserved July 4 for judgment. However, when the case came up, counsel to the two parties was informed that the judge was out of the state on an official assignment.

    They subsequently agreed to return to court on July 31 for the judgment.”

  • Court stops swearing-in of new Imo deputy governor

    •Okorocha orders compliance with court order

    An Owerri High Court in Imo State has issued an interim order stopping the swearing in of former Head of Service (HoS) and Deputy Governor-designate Callistus Ekenze.

    In a statement yesterday in Owerri, the state capital, the Chief Press Secretary to the governor, Mr. Sam Onwuemeodo, said Governor Rochas Okorocha directed that the interim court order restraining the Chief Judge from carrying out the exercise be fully obeyed.

    The statement said: “The governor has insisted that the interim order be obeyed, not minding some issues raised by lawyers in the government against the order. The governor insisted that his administration must continue to obey valid court orders and (the order be) served on the government or agents of the government.”

    Announcing the governor’s directive after waiting for the swearing-in ceremony scheduled to hold at the Sam Mbakwe Exco Chambers in the Government House, the Attorney General and Commissioner for Justice, Miletus Nlemadim, said the state government had complied with a fresh order from Owerri High Court, which prevented the Chief Judge, Pascal Nnadi, from swearing in the deputy governor-designate.

    The commissioner said the state government was law-abiding and respected the rule of law, adding that it would obey the court order.

    He added that the state government would vacate the order to enable it swear in the deputy governor-designate on a future date.

    Nineteen members of the House of Assembly, on July 30, impeached former Deputy Governor Eze Madumere.

    This followed the submission, last Friday, of the report of the panel that investigated the allegations against him.

    The Assembly, thereafter, cleared Ekenze as the deputy governor-designate.

     

  • Court frees 100 Shi’ites

    The Kaduna State High Court has freed about 100 members of the Islamic Movement of Nigeria (IMN), also known as Shi’ites, who were arrested following the December 2015 clash with the Army.

    A statement by the sect’s spokesman, Ibrahim Musa, said Justice Shiri Nyom discharged and acquitted its members of all charges levelled against them.

    The statement reads: “This judgment has not only vindicated members of the sect, but is certainly a victory for perseverance in the face of extreme persecution. It is a victory for truth and justice against tyranny and impunity.

    “The Kaduna State government sued about 200 members of the sect after the December 2015 clash with the Army, where over a thousand persons died, including three sons of Sheikh El-Zakzaky, his elder sister and a nephew.”

    The sect also reiterated its call for the release of its leader, Sheikh Ibraheem El-Zakzaky and his wife, who have been in the custody of the Director of State Services (DSS).