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Tag: Court

  • Court nullifies Imo APC ward congresses

    •Orders fresh congresses
    •Okorocha hails ruling

    A Federal High Court sitting in Owerri, the Imo State capital, has nullified the ward and local government congresses of the All Progressives Congress (APC).

    Justice Lewis Allagoa held that the congresses were never held. He, therefore, ordered the party to conduct fresh congresses in line with party guidelines.

    He said: “They should go back and conduct fresh congresses in accordance with the party’s constitution. They should be responsible and save our democracy.”

    Justice Allagoa, who said the Independent National Electoral Commission (INEC) affirmed that the congresses did not hold, also dismissed arguments by the defendant’s lawyer that the plaintiffs lacked the locus standi to challenge the conduct of the congresses.

    He also dismissed the argument by counsel to the second and eight defendants, Kelvin Nwufor (SAN), that the plaintiffs did not get a leave of court to serve the defendants outside the jurisdiction of the court. He said the Federal High Court has one jurisdiction.

    Justice Allagoa, therefore, granted the plaintiffs’ prayers that the court declare as null and void, results purported to have emanated from the APC ward congresses as the congresses never held.

    Governor Rochas Okorocha has hailed the judgment, saying it has authenticated his claim that the congresses did not hold.

    He said: “The judiciary has remained the last hope of the common man, institutions and processes, especially as they concern our democracy.

    “Imo is the only APC state in the Southeast and should have been encouraged to hold successful congresses, to show a good example to other states in the zone. It is sad that those who had the task of conducting credible congresses decided to submerge it for their selfish agenda.”

    The governor hailed party members for “remaining calm and steadfast despite the controversy”.

    He vowed that the Imo APC will not tolerate those undue manipulations of electoral processes, saying “anyone determined to play politics in APC must do so in line with the provisions of the party’s constitution and with approved democratic culture and practices”.

  • Offa robbery: Court denies Kwara Gov’s aide bail

    A Federal High Court in Abuja has declined the request for bail made by Yusuf Abdulwahab, the Chief of Staff to Kwara State Governor Abdulfatah Ahmed.

    Abdulawahad is being held in Abuja by the police in relation to the April 5 Offa bank robberies.

    No fewer than 33 persons, including pregnant women and nine policemen, died in the incident, according to the police.

    Justice Babatunde Quadri yesterday declined an application filed by Abdulwahab where he prayed the court to, among others, restore his liberty.

    Abdulwahab approached the court via a motion ex-parte, which the court earlier heard and ordered the applicant to serve the respondent – the Inspector General of Police – to show cause why the applicant’s reliefs should not be granted.

    His lawyer, Adebayo Adelodun (SAN), noted that despite being served with the motion, as ordered by the court, the respondent has refused to respond.

    He prayed the court to grant his client’s request on the grounds that he was being held unjustly.

    Adelodun said his client, who is based in Kwara State, only honoured an invitation from the police in relation to his alleged link with the robbery.

    He said his client was subsequently arrested and brought to Abuja, where he has been in detention since without charges.

    When asked if the court has the subject matter jurisdiction to hear and grant the application,

    Adelodun answered in the affirmative. He argued that the subject matter of the case, which is the alleged infraction of his client’s right to liberty, occurred in Abuja.

    He said: “On subject matter jurisdiction, our contention is that the subject of this matter, as evinced by the reliefs sought, is the breach and continued breach of the applicant’s right to liberty.

    “The entirety of paragraph 4 of the supporting affidavit merely provides background to the subject-matter, which did not come into play until May 31, when he got to Abuja, taken to Guzampe and locked up.

    “The cause of action in this case is the detention of the applicant, not the robbery that happened in Offa. The police could have invited him in Kwara and locked him up ther; that would have required us filing our action there. But they brought him to Abuja.

    “There was no infraction of the applicant’s right in Kwara State; the infraction happened in Abuj.”

    Justice Quadri said the subject matter of the case was outside the jurisdiction of his court.

    He, however, elected to transfer the case to the High Court of Kwara State, which he said has the necessary jurisdiction, to hear and determine the case.

  • Delta APC crisis: Court validates Ogodo exco

    A Delta State High Court, sitting in the Kwale Judicial Division, has restrained the All Progressives Congress (APC) from recognising any other executive other than the one led by Cyril Ogodo.

    The court, presided over by Justice V.I. Ofesi, granted the restraining order in a suit, with number HCK/56/2018, filed by Mr. Emmanuel Kem Oki, the party’s Welfare Secretary and three others, who were Applicants, against the APC, its National Chairman, Comrade Adams Oshiomhole, its National Secretary, Mai mala Buni and the Independent National Electoral Commission (INEC).

    After hearing from the counsel to the applicants, Chief F. I. Obigbor, the court ordered, “I have considered all the processes filed in support of this motion especially paragraphs 5 — 16 of the 1 8 paragraphs supporting affidavit- Exhibits A — E including the Counsel written address, I am of the view that in the interest of justice, this application be granted and it is hereby granted.

    “The Order of Interim Injunction is hereby granted restraining the 1st – 3rd defendants whether by themselves, their agents, servants, or howsoever called from recognizing and/or swearing in any other State Executive of the All Progressive Congress (APC), Delta State, apart from that chaired by Chief Cyril Abeye Ogodo and his members into office, pending the hearing and determination of the Motion on Notice for interlocutory injunction pending before this Court.

    “Secondly, an order of interim injunction is made restraining the 4th (INEC) whether by itself, its agents, servants or howsoever called from recognizing and/or dealing with any other State Executive of the

    All Progressives Congress (APC), Delta State, apart from that chaired by Chief Cyril Abeye Ogodo and his members. pending the hearing and determination of the Motion on Notice already filed in this case

    before this Court.”

    The judge also granted, “an order of interim injunction is hereby made restraining the defendants whether by themselves, their agents, servants or howsoever called from recognizing and/or swearing in any

    other Ward and Local Government Areas Executives of the All Progressive Congress (APC) held on the 5th and 12th day of May2018 under the chairmanship of Hon. Emmanuel Chinda and approved by the

    National Working Committee same having been sworn in and assumed duty. Defendants to show cause within 7 days hence why the Motion on Notice for interlocutory injunction should not be granted.”

    The case was adjoined to July 12.

     

  • Patience Jonathan’s $15.5m: Court rejects guilty plea reversal

    THE Federal High Court in Lagos yesterday dismissed an application for a plea reversal by four companies that pleaded guilty to laundering $15.5 million allegedly belonging to former First Lady Dame Patience Jonathan.

    The firms prayed the court to nullify previous proceedings in their trial because those who represented them were not authorised to do so.

    The Economic and Financial Crimes Commission (EFCC) arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Dr. Waripamo Dudafa; a lawyer Amajuoyi Briggs, who is the companies’ secretary, and a banker, Adedamola Bolodeoku.

    Unlike the companies, Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

    The companies’ lawyer Chief Mike Ozekhome (SAN) told Justice Babs Kuewumi that his clients were not given a fair trial before their conviction because they had no legal representation of their choice.

    Ozekhome said he was briefed to represent the companies after its directors pleaded guilty despite not being authorised by the board to do so.

    Moving his motion seeking to set aside the companies conviction, Ozekhome said they were convicted “in gross violation” of the 1999 Constitution, which he said occasioned a miscarriage of justice.

    He prayed that the trial be done de novo (afresh) and that the previous proceedings be declared null, void and unsustainable in law.

    Besides, Ozekhome said the companies were denied the right to cross-examine the directors, who purportedly pleaded guilty.

    “They’re just busybodies and interlopers, who were pressured to come and plead guilty. They had no mandate to do so,” he said.

    But, prosecuting counsel Mr. Rotimi Oyedepo urged the court to refuse the application for being an abuse of court process.

    He said the prayers amounted to asking the judge to revisit his ruling and to assume the position of an appellate court.

    Oyedepo denied that the directors, who pleaded guilty were not authorised, saying there was evidence from the Corporate Affairs Commission (CAC) and from the companies’ bank accounts that they were indeed directors.

    Ruling yesterday, Justice Kuewumi held that a judge can only revisit his rulings and judgments in exceptional cases of “serious procedural irregularity” or lack of jurisdiction.

    “The main issue to be addressed in this application is whether this court can revisit its earlier decision, whereby the applicants were convicted. Once a court gives an order or judgment, it has no legal competence to reverse itself or set aside its previous order.

    “Considering the circumstances of this case, I have not been shown any valid reason to make me revisit my decision. This court is already functus officio (without authority over the subject-matter).

    “I’m in agreement with the prosecution that this application is incompetent. It is hereby refused and accordingly dismissed,” Justice Kuewumi held.

    He adjourned until October 17 for trial.

     

  • Man, 21, to die by hanging for robbing Policemen

    An Ekiti State High Court has sentenced a 21-year-old man, Abdulateef Babatunde, to death for robbing two men, including a policeman of their motorcycles.

    Justice Bamidele Omotoso found Babatunde guilty of the charge of the two count charge of armed robbery preferred against him.

    The charge, the judge held, was contrary to Section 402 of the Criminal Code, Law of Ekiti State of Nigeria 2012. The convict was first arraigned on 26th October, 2017.

    According to the charge sheet, Babatunde on or about 16th June, 2016 along NTA Road, Ado-Ekiti robbed one Sergeant Babatimilehin Kayode of his Bajaj motorcycle with registration number GED 550 QA.

    Babatunde also robbed one Sergeant Sheidu Ganiyu of his Bajaj motorcycle with registration number ADK 193 QH.

    The convict, while committing the robbery, was armed with offensive weapons including a gun.

    Read Also: Court grants ex-NSA Dasuki N200 million bail

    Babatunde stopped Babatimilehin and asked for his okada ticket but the policeman told the convict that he was not a commercial motorcycle operator.

    The policeman said the convict brought out a locally made pistol pointed it at him and dispossessed him of the bike but was later arrested after being given a hot chase by some okada riders and he (Babatunde) was taken to Okesa Police Station.

    Ganiyu in his evidence told the court that he gave the convict ride on is motorcycle from Egbewa area heading to Abuja Quarters but the convict asked that he be dropped in a lonely place.

    The victim told the court that three men emerged from the bush in the area and pointed guns at him and all of them made away with his
    motorcycle.

    Ganiyu explained that he later heard that the convict had been arrested and the motorcycle recovered from him.

    The prosecution called six witnesses and tendered exhibits including the stolen motorcycle, statement of the convict and one locally made pistol while defence did not call any witness.

    Handing down the death sentence, Justice Omotoso said: “Finally, the accused Abdulateef Babatunde is hereby convicted of the offence of the armed robbery committed on 15/6/16 along NTA Road, Ado-Ekiti.

    “The sentence of the court upon you be hanged by the neck until you be dead and may God have mercy on your soul.”

  • Court sacks Kwara monarch

    Kwara State High Court in Ilorin has asked Dr Stephen Olajide to stop parading himself as the Ollola of Olla in Isin Local Government Area.

    The Aro of Olla, Chief Adebayo Adeniyi and three other claimants, on July 18 2017, approached the court seeking an order setting aside the nomination, appointment, installation and coronation of Olajide as the Ollola of Olla while the case subsists in court.

    Olajide and six others are defendants in the case.

    In his ruling, Justice M. AbdulGafar, said: “I have considered the application of the claimants, the affidavit evidence of the claimants, the affidavit of the fifth to sixth defendant, Dr Olajide, as well as the submission of the parties.

    “It is clear that the seventh defendant (Dr Olajide) was appointed during the pendency of this case. The Governor and Attorney-General/Commissioner of Justice (5th-6th) defendants, installed Dr Olajide while this case was pending before this court.

    “This court has an inherent jurisdiction to set aside any steps taken by the parties in defiance of court orders.

    I hereby nullify and set aside the nomination, appointment and installation of the seventh defendant as the Ollola of Olla.”

    Justice AbdulGafar thereafter adjourned the case till July 10 for mention.

  • Court refuses to sack Kebbi Governor

    A Federal High Court yesterday dismissed a suit seeking to sack Governor Abubakar Atiku Bagudu of Kebbi State.

    In a judgment, Justice Ahmed Mohammed said the plaintiffs failed to prove their case against the Governor.

    The judge was on the suit marked:FHC/ABJ/CS/312/2015 filed by an electorate, Anthony Itanyi, the governorship candidates of the People’s Democratic Party (PDP) in the 2015 election in Kebbi State –  Maj. Gen. Bello Sarkin-Yaki (retd) – and his party.

    The plaintiffs, among others, alleged that  Bagudu perjured in the Form CF001 he submitted to the Independent National Electoral Commission (INEC, to the effect that he claimed not to be under a fine for offence of “involving in dishonesty or fraud or any offence imposed by a court or tribunal.”

    They contended that contrary to Bagudu’s claim in the Form CF001 (affidavit of personal particulars), it was discovered that he was previously fined by a court in the United States.

    Bagudu allegedly forfeited funds and corporate entities in the forfeiture proceedings instituted against him in the aftermath of the extradition suit instituted against him at the USA District Court of Columbia.

    They also alleged that Bagudu was arrested on May 22, 2003, in Houston, Texas, U.S. based on an extradition warrant that was requested by Britain on behalf of Isle of Jersey.

    The plaintiffs equally claimed that Bagudu was facing charges for fraudulent transfer of money from Nigeria to the Deutsche bank, and making false declarations to open the bank accounts.

    They prayed the court to, among others, disqualify Bagudu as a candidate in the election and remove him from office.

    In the Friday judgment, Justice Mohammed faulted majority of the documentary evidence tendered by the plaintiff.

    He said Exhibits PL1 to PL14, which included the USA District Court of Columbia’s documents, tendered by the plaintiffs, could not were not be relied on by the court because they were tendered through a witness other than the makers.

    Justice Mohammed noted that the only witness called by the plaintiffs admitted that he was not the maker of the documents.

    The judge was of the view that the  extradition proceedings relied on by the plaintiffs did not amount to a conviction or fine.

    Justice Mohammed said: “This cannot by any stretch of imagination be equated to conviction or fine imposed by any court of proceedings.

    The judge said the “plaintiffs’ case has failed in its entirety,” and subsequently dismissed.

  • Court orders forfeiture of Diezani’s N325.4m land

    A Federal High Court in Lagos yesterday temporarily forfeited to the Federal Government a parcel of land in Lekki, Lagos State, linked to a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke.

    Justice Babs Kuewumi made the order following an ex-parte application by Economic and Financial Crimes Commission (EFCC) counsel, Mr. Anslem Ozioko.

    Joined as defendants in the ex-parte applications were Diezani, one Mr. Donald Amamgbo and a firm, Mez Group LLC.

    The land, valued at N325.4 million, is designated as Plot 13, Block II, Oniru Chieftaincy Private Family Estate.

    Ozioko told the judge that the land was suspected to have been acquired with proceeds of crime.

    Justice Kuewumi also directed the anti-graft agency to publish the temporary forfeiture order in a national daily to put interested parties on notice.

    He adjourned till July 14, for anyone interested in the property to appear before him to show cause why the land should not be permanently forfeited.

    The EFCC is seeking an order of the court to appoint “a competent person(s) or firm to manage the assets/property named and described in the schedule to this application”.

    An EFCC investigator, Abdulrasheed Bawa, said the anti-graft agency stumbled on the documents of the land sometime in 2016 while executing a search on the office of Amamgbo, an ally of the ex-petroleum minister.

    Bawa said the anti-graft agency also recovered from Amamgbo’s office an undated report titled, “Highly Confidential Attorney Work Product August Report,” among others.

    He added: “The report contained a list of 18 companies and several properties located in the United Kingdom, Nigeria and the United States of America.

    “During the course of his interview, Mr. Donald Chidi Amamgbo told us that he registered the 18 companies to assist Mrs. Diezani Alison-Madueke in holding titles of her properties and that all the properties belong to her.”

     

     

     

  • Man to sweep court for stealing N15,000 make-up

    An Igbosere Magistrates’ Court in Lagos yesterday sentenced a make-up artist, Tunde Ebikeme, to community service for stealing beauty products valued at N15,000 from a supermarket.

    Magistrate M. O. Ope-Agbe convicted Ebikeme, 24, following his plea of guilty to a one-count charge of stealing.

    She ordered him to sweep the court’s premises from the fourth floor to the ground floor.

    The magistrate said the convict got only community service as punishment because he had a good skill which he needed to sharpen.

    Mrs Ope-Agbe warned Ebikeme against committing a crime because he could be sent to prison the next time.

    She said: “Prison will not be better for you. I want you to get better with your make-up job. But if you go back to crime, you will be sent to prison.”

    The magistrate delivered judgment after prosecuting Sergeant Cyriacus Osuji stated the facts of the matter.

    Osuji said Ebikeme committed the offence on June 26 at Prince Ebeano Supermarket, Admiralty Way, Lekki Phase I, Lagos.

    According to him, the convict entered the supermarket, bought and paid for some items, but concealed other items in his pockets and attempted to leave without paying.

     

  • Court ordered Ibadan abattoir relocation, says govt

    The Oyo State government yesterday said it had filed a suit against operators of unlicensed and unauthorised abattoirs in Ibadan, the state capital.

    The government said an interim order issued by the State High Court was executed by its Sheriff on June 22 to seal off abattoirs at Bodija and Aleshinloye markets as well as several other such unlicensed abattoirs in the Ibadan metropolis.

    The Attorney General and Commissioner for Justice, Mr. Oluseun Abimbola, also said the government constituted a task force to enforce the butchers’ relocation to the central abattoir at Amosun Village in Akinyele Local Government Area.

    The commissioner said the task force has officials of the police, the Nigeria Security and Civil Defence Corps (NSCDC), the Department of State Services (DSS), ministries of Environment, Agriculture, Physical Planning and Bureau of Investment Promotions.

    Abimbola said the government decided to relocate the abattoirs in Ibadan to curb what he called “the unhealthy process of slaughtering of animals, offer of dead, sick and unwholesome animals in various markets, backyard slaughter slabs and many contraptions and make-shift slaughter houses in unhealthy environment with obnoxious practices”.

    The commissioner recalled that the state government, in partnership with the private sector, established a 3,000-per-day capacity mechanised slaughter facility at Amosun village as a viable and modern facility for all abattoir services.

    According to him, said the government regretted that after giving the butchers four years to wind up and pay no taxes, the Ministry of Agriculture noted that “some unscrupulous persons among the butchers’ union in Oyo State, rather than wind up, were in fact establishing new slaughter locations in unhygienic environment with no certification of government, no veterinary presence for inspection of animals for slaughter, nor approval of the said abattoirs by relevant authorities of government”.

    Abimbola said: “For the last five years, the Ministry of Agriculture has engaged all stakeholders in a bid to ensure cooperation of all parties with the new initiative meant to assure the populace of the quality of cattle meat and other animals offered for sale in our markets.

    “The private sector investment company, the state government, local government areas, the local council development areas (LCDAs) in Ibadan and the state chapter of the National Butchers Association held several meetings in the last three years, leading to the final take-off of this initiative by the signing of a global Memorandum of Understanding (MoU) between the parties by which the equity participation of all stakeholders were agreed, implementation plans accepted and commencement confirmed.

    “In 2014, the state government gave all abattoirs in Ibadan a year to wind up their activities and relocate their slaughter operations to the new state-of-the-art abattoir at Amosun village. Since then, the state had ceased to collect due rates and taxes from all abattoirs in Ibadan to encourage compliance and ensure that the operators wind up and comply with the meat law of Oyo State which makes it illegal for anyone to operate any slaughter slab, abattoir or slaughter house without the authority and licence of government.

    “Regrettably, even after giving the butchers four years to wind up without paying taxes, the Ministry of Agriculture observed that some unscrupulous persons among the butchers’ union in Oyo State, rather than wind up, established new slaughter locations in an unhygienic environment with no certification by the government, no veterinary presence for inspection of animals for slaughter nor approval of the abattoirs by relevant authorities of government.

    “This compelled the state to file the legal action against the operation of such illegally operating abattoirs… The Oyo State High Court had issued an interim order of injunction restraining the continued operations of all unlicensed and illegal abattoirs in Ibadan and a mandatory order authorising the Ministry of Agriculture to seal such places forthwith pending the determination of the suit.

    “The order was executed on June 22 by the Sherriff of the High Court who sealed up Bodija market abattoir, Aleshinloye marker abattoir, and several other such unlicensed abattoirs in Ibadan…”

     

     

    “However, as soon as the court Sherriff and police left some of these locations, sealing them and pasting the court seal, orders and processes there, the operators mobilised to breach and break the seal of court to resume their illegal activities, particularly at the Bodija market.”

    Abimbola added that during Tuesday’s proceedings, the court warned the parties to keep the peace and abide by the subsisting court order and avoid what can lead to contempt.