The Nation Newspaper

Tag: Court

  • R-APC members ask court to sack Oshiomhole-led APC NWC

    The self-styled Reformed All Progressives Congress (R-APC) membres have asked the court to invalidate last month’s national convention of the All Progressives Congress (APC).

    The also asked the court to declare them leaders of the party pending when another convention as directed by the court, would hold to produce new leaders.

    In a suit filed yesterday at the Federal High Court in which APC National Chairman Adams Oshiomole and 53 others are defendants, leader of the R-APC Buba Galadima, Kazeem Afegbua (from Edo State), Nicholas Asuzu (Anambra State and Alhaji Hadi Ametuo (Kogi State), who claimed to be suing for themselves and other national officers, state chairmen and executives of the APC, are the plaintiffs.

    The suit was filed by their lawyer, through Tolu Babalaye.

    In their statement of claim, the plaintiffs claimed that the APC is harbouring intractable divisions and the party is awaiting a massive implosion and might collapse unless steps were taken by reform-minded members to address the issues.

    They stated that the trouble in the APC got out of hand after the congresses conducted by the APC at the ward, local government and state levels, which culminated in the purported national NWC of the party held on June 23,2018.

    They argued that the manner in which the APC’s national convention was conducted had deepened the division within the party and exacerbated the leadership crisis from wards to the national level.

    They claimed that most members of the party feit alienated and this has resulted in open and massive divisions, fictionalizationand disenchantment within the rank and file of the party.

    The plaintiffs are praying the court for a declaration that having regard to the constitution of APC, particularly Article 20 thereof,  the constitution of the Federal Republic of Nigeria,  Electoral Act,  the election conducted by the party at Eagle on June 23,2018 is invalid,  null and void.

    They also want the court to declare that being no valid election at the National convention of APC, thereby leaving a vacuum, the reform-minded faction of APC known as the Reformed All Progressive Congress validly constituted the plaintiffs and the other National officers and state executives of APC to fill the vacuum and act in the interim capacities as officers of the APC.

    They therefore pray the court for an order of perpetual induction restraining 1st to 52nd defendants from parading themselves or claiming to be officers of APC  or performing any discussion as officers of the party in any capacity whatsoever as their elections and swearing in as officers of APC as invalid, null and void.

    The Galadima led group wants the court to grant an order of perpetual injunction restraining APC from holding the Oshiomole led executive council and all the state executive council as either national officers, members of the NWC, zonal executives and state executives of the APC.

    They want an order of perpetual injunction restraining APC from harassing, intimidating, suspending or expelling any of or all the plaintiffs from the apc,  or taking any steps whatsoever to terminate the membership, rights and entitlements in the APC.

    The plaintiffs equally prayed for an order of perpetual injunction restraining INEC  from recognizing or accepting the defendants as either national officers, members of NWC, zonal executives or state executives of the APC.

    They also want the court to grant an order directing INEC to recognize the plaintiffs who are members of the reform-minded faction of APC as current interim NWC,zonal executives or state executives of the APC and accord them all rights and privileges appertaining to the respective office pending the holding of valid elections by the party.

    The case is yet to be assigned to a judge for hearing.

  • Baby theft: Court remands female suspect in prison

    An Osun Magistrates’ Court sitting in Ile-Ife, Osun, on Thursday, remanded a female suspect, Mrs Adebayo Bunmi, 27, in prison custody over alleged theft of an 18-day-old baby.

    Magistrate Muhibah Olatunji refused the bail of the accused person but asked the Defence Counsel, Mr Alaba Awoseemo, to come with a written application for the consideration of her bail.

    Olatunji ordered the remand of the accused in Ilesa Prison custody, pending the ruling of the bail application, saying that this would serve as a deterrent to others.

    Earlier, the Prosecutor, Insp. Ona Glory, told the court that the accused committed the offence on July 1, 2018 around 05:30 p.m. at Itasin Area, Modakeke in Ife North east Local Government area of Osun.

    Glory said that the accused stole an 18-day-old boy, David Adebode, son of Mr & Mrs Peter Adebode, with intent to deprive them permanently.

    He explained that the offence contravened Section 371 (1) of the Criminal Code, Laws of Osun, 2003.

    The accused however, pleaded not guilty to the one-count charge of baby theft.

    The Defence Counsel, Mr Alaba Awoseemo, applied for the bail of the accused in most liberal terms and pledged that his client would not jump bail but would provide substantial sureties.

    The case was adjourned until July 23, for mention.

  • Court picks August 2 for El-Zakzaky’s arraignment

    …as fear of ‘Shi’ites’ violence paralyses activities in Kaduna metropolis

     

    A Chief Magistrate court sitting in Kaduna has adjourned till August second a murder case brought before it by the Kaduna State Government against leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibraheem Zakzaky and his wife, Malama Zeenatu Zakzaky.

    The case according to counsel to the first and second respondents, Barrister Maxwell Kyon was adjourned to enable the prosecutors serve two other accused persons joined in the case.

    Journalists and other members of the public were barred from gaining access to the court premises.
    Meanwhile, business activities were crippled around Kaduna metropolis, while schools and banks around the city center were closed for fear of breakdown of law and order.

    Activities around Sheikh Abubakar Gumi Central Markets were also brought to a halt, as all roads leading to the markets were blocked by policemen.

    Also, heavy presence of security personnel was observed at strategic locations, apparently to prevent a repeat of what happened when the case came up about two weeks ago, where a police inspector was killed.
    Meanwhile, after coming out of the case which did not last more than 30 minutes, the defence counsel, Maxwell Kyon told journalists that, “The case has been adjourned to August 2 for further mention. But as at today the other two defendants that are listed on the charge are still yet to be served and so the prosecution simply asked for another date to intensify efforts to serve them.

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    “We had also filed a bail application that we had hoped will be looked into today, but unfortunately it was sometime yesterday very late that we were served with the response to that bail application. So we also asked for a short date to enable us respond to the counter affidavit that was served by the state.

    “So what the court did today was to simply adjourn the matter to the 2nd of August.” He said.

    Kyon however refused to mention the names of the other accused persons who are the 3rd and 4th defendants, “saying they are not necessarily part of the matter until they are served”.

    According to him, “In a criminal matter you cannot proceed until all the accused are served. That is part of the reason we have not been able to make much progress, all the while and since the matter was instituted the third and fourth defendants have not been served.”

    He said, “The bail application could not be taken today because not withstanding that we filled a bail application over a month ago, the state only respond yesterday evening, so we asked for a a short time to respond.”

    On the health of El-Zakzaky and his wife, the lawyer said “The situation is very apparent because sometimes in January he suffered a mild stroke, you are aware of that, also you are aware that his eyes are failing him, and his health is also failing. Also the wife was shot during the incident in Zaria so in terms of their health i can tell you coupled with their age, when you put all these together you will know that, their health cannot be said to be okay. It is part of the issues we are asking for bail.

    “But the fact is that we have put all the facts together before the court upon which we believe the court should grant him bail, we have seen the response that was filled by the State. We intend to respond by way of the a further affidavit to the counter affidavit as per the correct facts as it affects their health and others that the court should take into consideration that use their discretion.”
    He explained.

     

     

  • Court jails man 15 years for stealing TV set, others

    An Evboriaria Magistrates’ Court has sentenced Osamede Okhomina to 15 years imprisonment for breaking into homes and stealing household items.

    The convict was said to have committed the offence on January 18, last year, at Israel Lawani Street, off Country Home Road, Benin, the Edo State capital.

    He reportedly broke into the homes of Osuagwu Sonia and Janet Kayode, and stole a television set, shoes, laptops, belts, perfume, sunglasses and N50,000 cash.

    Osamede was arraigned on five-count charges bordering on stealing, conspiracy, break-in as well as entry and unlawful possession of firearms.

    He pleaded not guilty to all the charges and did not call any witnesses during trial.

    Police Prosecutor, Inspector Olatoye Oluwaseun, called Sergeant Oyenma Sunday, who testified that Osamede committed the offences.

    Oluwaseun said the offences are punishable under sections 516, 411(2) 390(9) of the Criminal Code, Cap 48, Vol. II, Laws of the defunct Bendel State, as applicable in Edo State.

    Presiding Magistrate, Mrs. C. E. Oghuma, found the accused guilty of four of the five charges.

    She sentenced Osamede to two years imprisonment on Count One; six years on Count Two; four years on Count Four and three years on Count Five.

    All the sentences were without options of fine.

  • Man in court over alleged cult membership

    A 20-year-old man, Akinwale Bayo, was on Tuesday arraigned in an Ota Magistrates’ Court, Ogun, for allegedly belonging to a secret cult.

    Bayo, who lives at No. 8 Tolani St. Ota, is standing trial on a three -count charge bordering on conspiracy, breach of peace and membership of unlawful society, to which he pleaded not guilty.

    The prosecutor, Sgt. Abdulkareem Mustapha, had told the court that the accused and others still at large, committed the offences on June 24, at about 2.30 a. m. at Sea Never Dry Hotel, Iju, Ota.

    He alleged that the accused and his accomplices, members of “Aiye Confraternity” launched an attack with dangerous weapon like axe on one Olabode Abiola.

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    The prosecutor also accused the defendant of causing breach of peace.

    .The offences contravened the provisions of Sections 5, 80, 88 (1) and 516 of the Criminal Code, Laws of Ogun, 2006.

    Chief Magistrate Matthew Akinyemi, granted the defendant bail in the sum of N300,000 with two sureties in like sum and adjourned the matter until Aug. 2 for hearing.

  • Court sentences man to death for killing nine students

    A Chinese court on Tuesday sentenced to death a man convicted of stabbing to death nine students in an attack on his old school triggered in part by anger he felt over bullying he suffered there as a child, the court said.

    The suspect, identified as Zhao Zewei, bought five knives online for his attack on the school in Shaanxi province, to vent his anger and frustration about the circumstances of his life and the bullying he had been subjected to, the Yulin City Intermediate People’s Court said in a statement.

    “The defendant Zhao Zewei’s criminal motives were despicable,” the court said, adding it had convicted him of intentional homicide.

    Zhao, who was charged in May, has appealed the decision, the court said.

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    The court did not give Zhao’s age but state media previously reported he was 28.

    China has strict gun controls and violent crime is rare compared with many other countries.

    But there has been a series of knife and axe attacks in recent years including one in the capital, Beijing, this year in which a woman was killed and 12 people were wounded by a knife-wielding man in a shopping mall.

  • Court dismisses firm’s objection to dockworkers’ suit

    The National Industrial Court of Nigeria (NICN) has dismissed a preliminary objection filed by ENL Consortium Limited challenging a suit filed by its over 600 former employees.

    The court held that it has jurisdiction on the case.

    The dockworkers, through their lawyer Mr Toluwani Adebiyi, are pressing for the implementation of a collective bargaining agreement between the parties.

    They are seeking a declaration that the defendant’s non-compliance with the collective agreement signed on May 8, 2008 amounted to a breach of the terms.

    They want an order directing the defendant to pay each worker N5,805,384.96 as the total sum of unpaid minimum wages from 2008 till March 2016 when they were disengaged.

    The claimants prayed for an order mandating the defendant to pay them their pension contributions from April 2006 to May 2011, as well as their yearly leave allowance for  10 years.

    They asked for cost of action and damages as “may seem appropriate to the court”.

    The claimants said they and other 641 dockworkers were permanent employees of ENL Consortium for 10 years from 2006 to 2016.

    They claimed to have been frustrated into resigning their appointment “by the unrepentant inordinate breach of the collective agreement made by parties.”

    “In the 10 years of service, the claimants were made to operate under a dehumanised and slavery condition of work after which they were paid N350,000 each as redundancy benefit,” the claimants said.

    According to them, it was agreed that each dockworker would be paid a minimum monthly wage of N33,000, which the defendant allegedly breached.

    They said just before their disengagement, ENL Consortium “mischievously” engaged recruiting agencies to serve them backdated employment letters as if they were employed by the middlemen rather than the defendant.

    Five contractors – Daisy Chain Ltd, Bisbiak Enterprises Ltd, Tobef Continental Services Ltd, Quayside Maritime Services Ltd, and Bluech Lomado Shipping & Logistics Ltd – were said to have re-issued employment letters to all the dockworkers dated April 2016, to retroactively take effect from April 2006.

    The claimants said the defendant allegedly did so with the aim of evading liability.

    “The non-payment of the minimum wage of N33,000 monthly for 10 years, annual leave allowance, non-remittance of pension contribution, and non-issuance of tax certificate as evidence of tax deduction for 10 years are all in breach of the said agreement,” Adebiyi said.

    He urged the court to compel the defendant to honour the agreement reached with his clients.

    But, ENL Consortium, a port terminal operator, had urged the court to dismiss the suit for lack of jurisdiction, an objection the court dismissed.

    A group, the Campaign for Democratic and Workers Right (CDWR), hailed the ruling and urged the firm to honour the agreement.

    In a statement by its Publicity Secretary Chinedu Bosah, the group said several of the former employees who suffered severe injuries in their course of their work were yet to be compensated by ENL Consortium.

    “CDWR calls on ENL to immediately pay their 10 years of unpaid time-related wages and other worthy entitlements, including adequately compensating injured workers.

    “The ENL management should seize this opportunity to go into negotiation with the workers for a quick settlement of the matter,” the group added.

  • Man gets death sentence by hanging for killing son

    An Akwa Ibom High Court sitting in Ikot Ekpene has sentenced one Christopher Udoh to death by hanging for killing his 11-year old son, Gabriel over suspicion of being a witch.

    Udoh, a native of Obot Akara local government area, reportedly murdered his son after accusing him of using witchcraft powers to frustrate him for years.

    The Court held that the convict, who had already admitted to committing the offence, deliberately killed his 11-year-old son for allegedly being behind his many years of unsuccessful stint in his business in Benin City, Edo State.

    According to Udoh, his son used witchcraft to stop him from succeeding in his business.

    “After my inability to have a serious breakthrough in business, I discovered that my son could have been responsible. When I could no longer carry on with the business, I was stranded in Benin. I had to return home with nothing”, he recalled.

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    He added that every attempt to break even in life became too difficult, even to get married “since his mother was no longer with me following years of hardship that she could not bear”.

    “For me to free myself of such spell, I had to kill him, burnt his body and dumped the remains in a pit”, he explained and pleaded for the Court to be lenient and for God to have mercies as he was only being used by the devil”, he said.

    Handing down the judgment yesterday, the presiding judge, Justice Joy Unwana, said he passed the ruling after finding the accused guilty of murder in line with section 316 (1) of the criminal laws of Akwa Ibom State

     

  • Buhari group to APC: take Galadima group to court

    Members of the All Progress Congress (APC) youth caucus said yesterday that the Buba Galadima-led Reformed APC, lacks the capacity to make any meaningful difference.

    Also yesterday, the Buhari Media Organisation (BMO) urged the National Working Committee (NWC)  of the APC to seek a declaration of court to declare the R-APC illegal. It canvassed the expulsion of the rebellious members.

    In separate statements, the two groups also said the Buba Galadima Group does not have the goodwill of Nigerians.

    Spokesman of the APC Youth Caucus Chuks Nwanodu, said most of the members of R-APC were never really members of the APC but members of the legacy parties that merged t form the APC who had difficulties fusing totally into the ruling party.

    He said: “We are confident in the ability of Adams Oshiomhole and the President to lead the APC to a good outing in 2019?.”

    He added that President Muhammadu Buhari had done more for Nigeria’s greatness and development than whatever the Peoples Democratic Party ( PDP) did in 16 years.

    He said the achievements of President Buhari in the areas of tackling corruption, insecurity and economic development were unparallel, describing the Galadima group’s action as”a mere storm in a tea cup that will make no difference to the electoral fortunes of  President Buhari.”

    The Buhari Media Organisation (BMO) said President Buhari had succeeded where past leaders failed, with his unprecedented projects and policy moves which were reforming Nigeria and delivering on the promises he made.

    The statement d by Austin Braimoh and Cassidy Madueke, Chairman and Secretary, said: the Buhari Media Organisation (BMO), dismissed claims by the R-APC that the government had been a total failure, saying “Contrary to the puerile remarks by the assembly of desperados otherwise known as R-APC, to justify their plans to exit the ruling All Progressives Congress, as they look to ingratiate their personal selfish agenda, we direct their attention to the fact that the Buhari administration is currently feeding over eight million primary school children across the country.

    “Is it fixing and constructing roads in their hundreds across the country, transforming the Second Niger Bridge from mere political campaign tool as used by previous administrations to a reality.

    “Buba Galadima cannot stay in his Abuja residence, out of touch with the remarkable developments across the country and without evaluation, utter such puerile remarks,” the group noted.

    “It is unfortunate and profoundly insulting that the renegade group led by Buba Galadima compared Buhari’s three-year administration to that of the previous failures we had in the past 16 years.

    “We assert that it is evident that Mr Galadima is either a man blinded by passion of hatred borne out of his inability to realise his base material aspirations in the Buhari administration, or that he refuses to acknowledge and comprehend the quantum of challenges and work on ground for the Buhari administration to fix.”

     

     

    While saying that no government in the past had recovered the quantum of stolen loots as recorded under the Buhari administration, the group said It the Anchor Borrowers Programme of the Buhari administration has been giving loans to farmers engaged in rice and wheat farming and that so far it had given loans to over 250,000 farmers, leading to historical high production in local food crops and particularly setting the country on the path of rice sufficiency.

    “If governments in the past had been this sincere in transforming the lives of Nigerians and invested half as much in the Nigerian people as the Buhari administration is doing, Nigeria would by now have developed characteristics very much like the proverbial Eldorado,” the group said

    The BMO called on the Oshiomole led APC to seek a declaration of the court to declare the Buba Galadima led R-APC illegal, and also advised that it commences processes of expelling them from the party.

  • Ajudua weeps as court orders his transfer to Kirikiri Prisons

    Lagos socialite and suspected serial fraudster,  Fred Ajudua, wept yesterday as an Ikeja Special Offences Court ordered his transfer from Ikoyi Maximum Prisons to Kirikiri Prisons.

    Justice Mojisola Dada, who issued the order, also declined Ajudua’s request for bail on medical grounds.

    Ajudua bowed down his head in the dock and wept as the judge pronounced the judgment.

    Ruling on Ajudua’s bail application, Justice Dada ordered the accused, who has been in Ikoyi Prisons custody since the commencement of his trial last year, be transferred to the Kirikiri Maximum Prisons.

    The judge noted that Ajudua’s criminal cases were the oldest in the docket of the Lagos State Judiciary and had suffered a lot of setbacks due to acts of disappearances and “health challenges” of the defendant.

    She referred to a Court of Appeal ruling of over four years, which ordered Ajudua’s trial, to justify the position of the court.

    Justice Dada held that the accused had sufficient time to treat himself but failed to do so.

    She said: “This case has suffered a series of adjournments on health grounds for 13 years. I am not persuaded because this case is one of the oldest in Lagos State.

    “The sickness of the defendant cannot further delay the case. Trial in this case has commenced and the prosecution has called two witnesses. Parties should vigorously pursue the conclusion of this trial.”

    Justice Dada ordered that Ajudua be granted unfettered access to a medical facility in Kirikiri Prisons.

    The prosecuting counsel for the Economic and Financial Crimes Commission (EFCC), Mr Temitope Banjo, thanked the judge for her orders to the defendant.

    Ajudua is standing trial on a 12-count amended charge of conspiracy to obtain money by false pretences, obtaining money by false pretences, uttering forged document and forgery.

    The EFCC accused him of defrauding two Germans – Michael Kramer and Ziad Abu Zalaf – of $1 million in a business deal in 1993, which turned out to be false.

    Justice Dada adjourned the matter till September 27 and 28 for trial.