The Nation Newspaper

Tag: Court

  • Court jails human trafficker in Edo

    An Edo State High Court has sentenced Ehigie Richard to seven years imprisonment for trafficking fellow Nigerians to Russia.

    Richard was arraigned for recruitment of a person by means of abuse, position of vulnerability and facilitation and exportation of persons for prostitution, contrary to various provisions of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.

    He was said to have recruited one woman, identified simply as Miss X, and trafficked her to Russia, where she was exploited.

    A statement by the Zonal Commander of National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Nduka Nwanwenne, said the victim was taken to a shrine, where an oath of secrecy was administered on her and was asked to pay back $55,000 for between six months and one year.

    Nwanwenne said the victim was warned not to run away or report her madam in Russia to the police of the failure to pay the money or the oath would make her go mad.

    He said the case against the accused was investigated in collaboration with the Joint Border Task Force (JBTF), a multi-disciplinary crime fighting task force.

    The statement said: “On arrival in Russia, her phone and international passport were seized by her madam, Bridget, and her boyfriend, Kingsley. The madam allegedly opened a website for prostitutes for the victim, where her information and pictures were downloaded.

    “Customers usually check and call for appointments. A notebook was procured for the recording of all earnings. Similarly, the victim was made to pay 10,000 Rubble for rent and 50,000 Rubble to service the website.

    “Before the victim threw in the towel, she had paid $40,000 to her madam. On the day the victim escaped, her madam went out to shop. She used the opportunity to run to one of her Russian friends who took her to the Nigeria Embassy in Moscow before she returned to Nigeria.”

    Delivering judgment on the matter, Justice Alero Edodo-Erauga said the law must have its way, despite the fact that the accused pleaded for leniency and did not waste the time of the court.

    The judge sentenced the accused to one year imprisonment on count one or a fine of N250,000 and to two years imprisonment each for other counts or a fine of N1 million on each count.

    The jail terms are to run concurrently.

    NAPTIP’s Director-General Dame Julie Okha–Donli said suspected traffickers must face justice for their crimes.

    She urged human traffickers to desist from their nefarious acts and redirect their energy to positive ventures.

     

  • Cost of Buhari’s London treatment his personal affair, says court

    A FEDERAL High Court in Abuja has held that information regarding the cost of President Muhammadu Buhari’s London treatment was his personal affairs, which could only be disclosed with his consent.

    Justice John Tsoho, in a judgment yesterday, said the information fall within the items exempted from disclosure under Section 14(1(b) of the Freedom of Information (FoI) Act.

    The judgment was on a suit filed by the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative (ASRADI), led by  Adeolu Oyinlola.

    ASRADI had, in the suit, with the Central Bank governor, Godwin Emefiele, the CBN and Attorney General of the Federation (AGF) as defendants, accused the CBN and its governor of refusing to honour its FoI request contained in a letter of October 19, 2017 for information on the amount released for Buhari’s medical treatment in London.

    The group added that the CBN and its governor also failed to release the amount paid on behalf of the Nigerian government as parking fees for keeping the presidential aircraft and crew in the UK while the President’s treatment lasted.

    However, Justice Tsoho did not make any pronouncement on whether or not the plaintiff’s request for information on the cost of keeping the presidential aircraft in a London airport for over 100 days was also exempted under the FoI Act.

    The judge was of the view that issues about the cost of Buhari’s treatment were personal to him and could not be disclosed to the public without his consent as provided under Section 14(1(b) of the FoI Act.

    Justice Tsoho said the CBN and its governor could not be said to have refused the request made by the plaintiff under the FoI Act, as claimed by ASRADI, because the 1st and 2nd defendant (CBN and its governor) transferred the plaintiff’s letter of request to the office of the Chief of Staff to the President, in accordance with the provision of Section 5(1) of the FoI Act.

    The judge said the 1st and 2nd defendants could not then be blamed for the plaintiff’s failure to follow up on their request when the CBN and its governor said the letter had been forwarded to the office of the President’s Chief of Staff.

    He refused to grant the plaintiff’s prayer for N10 damages, on the grounds that it did not prove that it incurred damages.

    The judge said the suit was without merit and struck it out.

    Reacting to the judgment, Oyinlola said: “We intend to go on appeal to determine how our demand for accountability regarding public resources spent constitutes a personal affair of the President. We did not ask for his medical records. It is a preposterous judgment.”

     

     

  • Court declares Gomez beneficiary of Doherty’s estate

    Justice C. A. Balogun of the Lagos High Court has declared Lagos-based nonagenarian lawyer, Pa Tunji Gomez, as a full beneficiary of the Estate of Chief T.A. Doherty.

    In a separate, but related matter, Justice Wasiu Animahun of the same court also entered judgment in Gomez’s favour in a N5.3million lawsuit.

    Justice Animahun, in a March 19 judgment, ordered the defendants in the suit marked LD/1923/2011, to pay Gomez N5.3million at 15 per cent interest from October 26, 2011 until the final liquidation of the sum.

    The defendants in the suit are Mrs. Lanre Emmanuel and the estate of Chief T.A. Doherty.

    Gomez, 90, had prayed the court to hold that he is a beneficiary of the estate of the late Chief T.A. Doherty pursuant to the “Will and codicil of the deceased, dated 25/05/1964 and 17/06/1974”.

    He claimed that for over 30 years, the four executors of the deceased’s estate, including Emmanuel, had been paying him and his sister along with other beneficiaries until 2004 “when the defendants disbursed N300,000 to each of the beneficiaries but refused to give the claimant his entitlement.”

    Gomez claimed that he was also excluded in 2016 when the estate executors disbursed N5million to each of the beneficiaries.

    In her statement of defence, Emmanuel admitted the existence of the Will and codicil “but denied the claimant as a child or residuary beneficiary or legatee under the Will”.

    But Justice Animahun held that the deceased did not discriminate or make any distinction between his children and Gomez.

    The judge held: “Consequent on the above, I hold that the claims succeed.”

    Justice Animahun ordered the defendants to pay Gomez N5.3million with interest, “within three days”.

    In an earlier suit before Justice Balogun, marked LD/197LMW/2015, Gomez sued the same defendants following a dispute over the execution of the will.

    Justice Balogun resolved the clause, “… the children of my sister Deshiyan, that is Tunji Gomez and his sister Bopo should be considered as my children in the context of this will…,” in Gomez’s favour.

    He held: “It “qualifies the claimant and his sister Bopo as children/beneficiaries of the said will of Chief T. A. Doherty with the same rights and privileges and benefits to which all the children/beneficiaries are entitled.”

  • Businessman in court for ‘raping Facebook girlfriend’

    An Ikeja Chief Magistrates’ Court yesterday remanded a businessman, Ebuka Eze, 27, in prison for allegedly raping a 16-year-old girl he met on Facebook.

    Eze will remain in custody pending legal advice from the Director of Public Prosecutions (DPP).

    The defendant was arraigned before Chief Magistrate, P. E. Nwaka on a one count charge of child defilement contrary to Section 260 of the Criminal Law of Lagos State, 2015.

    Prosecuting Inspector Christopher John told the court that the defendant committed the offence on May 19 at his 25, Ayodele Street, Mafoluku, Oshodi, Lagos home.

    The defendant, he said, had invited the victim, who he met on Facebook, to his house, where she was raped.

    The prosecutor alleged that during the visit, the defendant pushed the victim to the bed, covered her mouth with pillow and raped her. John claimed that the defendant wiped the bloodstain on his victim’s body with the bedspread

    He said when the victim got home, her parents saw the bloodstain on her dress and asked how she came by it and she narrated the incident to them.

    The prosecutor said the case was reported to the police and the accused was arrested.

    Chief Magistrate Nwaka adjourned till June 28.

  • Court remands six over Catholic priests’ killings

    A Chief Magistrates’ Court in Benue State, presided over by Isaac Ajim, has remanded the Commander of Livestock Guard, Alhaji Tashaku Aliyu, for the death of two priests and 17 worshippers at St. Ignatius Catholic Church, Ukpor, Ayar, Mbalom in Gwer East Local Government.

    Five other suspects remanded are Husseini Manga, Ngyohov Shin, David Akenawe, Agada Tsesaa and Tarza Orvanya.

    Prosecutor Edward Imo alleged Aliyu, Husseini, Akenewa, Orvanya and Agada, all members of Livestock Guards, unlawfully and illegally secured guns and assisted herdsmen to terrorise and kill farmers.

    He noted that the act is contrary to the anti-open grazing law enacted by the government.

    Imo said based on intelligence, a combined team of F-SARS, DSS and the Army moved to Quararafa quarters, arrested Aliyu and took him to FCT Police Command, Abuja for interrogation.

    The prosecutor told the court investigation was on.

    He said the accused be remanded in Makurdi prison.

    Chief Magistrate Ajim ordered that the accused be remanded in Makurdi prison, and adjourned the case till July 17 for further hearing.

     

  • Two in court for ‘misappropriating’ N52.6m

    An FCT High Court in Maitama yesterday remanded two men, Olamide Toluwani and Bamidele Olayemi, for allegedly misappropriating N52.6 million belonging to a travel agency.

    The men were arraigned before Justice Olasumbo Goodluck on a four-count charge of conspiracy, criminal breach of trust and criminal misappropriation.

    Justice Goodluck ordered that they be remanded in prison custody after their lawyer, Mr Olufemi Olawuyi, failed to apply for their bail according to proper procedure.

    The judge adjourned till September 26 for trial.

    The prosecuting counsel, Mr Samuel Mallum, told the court Toluwani and Olayemi, between July and August, 2016, while in the employment of Sabre Travels Network Ltd., were entrusted with the pass word of Al Yakin Travels Ltd.

    He said they conspired and used the computer platform of Sabre Travels and fraudulently used its password to sell flight tickets belonging to Al Yakin, amounting to N52. 67 million, and could not account for it.

    Mallum alleged the defendants fraudulently misappropriated N52, 677,167, being proceeds of tickets of Al Yakin Travels Ltd.

    He said the offences contravened sections 97, 309 and 312 of the Penal Code.

    The defendants pleaded not guilty.

     

  • Court awards N10m against police for killing driver

    The Federal High Court in Ibadan, Oyo State, has awarded N10 million cost against the Police in favour of the family of Mr. Alimi Hakeem.

    Hakeem, a commercial driver, was shot dead by a police officer in Saki because of N100 bribe.

    The court ordered Inspector- General of Police Ibrahim Idris to investigate the killing and bring the culprit to book.

    The deceased, popularly called Sakilayewa, was allegedly shot dead by Insp. Ifeayin Nbu, on March 9, 2016, on Saki-Okere International Market road, Saki.

    Citing portions of the constitution, Justice Nathaniel Ayo-Emmanuel noted that everyone has a right to life, adding that deliberate killing of anybody is against the law.

    He said Nbu’s refusal to contradict or challenge any of the arguments and exhibits tendered meant that the court shall accept them as the truth.

    “The applicant has proved beyond doubt that Insp. Nbu, the fifth respondent, committed the crime because he did nothing to defend himself despite that he was aware of this case.

    “There is no evidence before the court contradicting the facts presented by the applicant.

    “I, therefore, believe same to be the true reflection of what happened before the victim was killed.

    “It is evident from the record before this court that the applicant’s father had three wives and several children, who are his dependants.

    “For this and many other reasons, N10 million is hereby awarded to the deceased’s family.

    “The Inspector-General of Police (IGP) is, therefore, directed to investigate this matter and bring Nbu to justice,” the judge said.

    He indicted the first to fourth respondents: Nigeria Police, Oyo State commissioner of Police, deputy commissioner of Police and Divisional Police Headquarters at Saki.

    Justice Ayo-Emmanuel noted that the submissions of the first to fourth respondents were discountenanced because they were not filed within the time stipulated by law.

    Afeez Oluwaseun Hakeem, the deceased’s son, had instituted the suit to enforce the  right of his father to life.

    He had prayed the court to award N500 million as compensation against the unlawful killing of his father.

    Afeez, in his petition, described the circumstances that led to his father’s killing by the officer as ugly.

    He said his late father stopped at the checkpoint to give Nbu the N100, which commercial motorists usually give the police.

    Afeez said the inspector chased his father and shot him in the head after he refused to give him another N100.

    Mr. Michael Ojeah, counsel to the Oyo State Police Command, hailed the judgment.

    However, counsel to the plaintiff was not in court and could not be reached for comments.

     

  • Court remands man, 28, for ‘stealing’ wire

    A Karmo Grade 1 Area Court, Abuja, yesterday remanded a 28-year-old man, Abdulrahaman Umar, in prison for allegedly stealing borehole wire.

    Umar, who lives in Angwan Bola, Karmo, Abuja, was arraigned on a one-count charge of alleged theft.

    Justice Maiwa Inuwa ordered the remand of the defendant in Keffi Prisons until June 13 for sentencing, after he admitted committing the offence.

    Prosecutor Mrs. Ukagha Ijeoma told the court Dantani Auta, of Hulluni village, Karmo, reported the matter at Karmo Police Station, on May 25.

    She said the complainant, on May 28, about 9 pm., caught the defendant cutting the borehole wire with a knife without his consent.

    The prosecutor said the offence contravened Section 287 of the Penal Code.

  • Court orders Buhari to probe N481b budget padding claim

    A Federal High Court sitting in Lagos has ordered President Muhammadu Buhari to probe allegations of padding and stealing of about N481 billion from the 2016 budget by some principal officers of the National Assembly

    Justice Mohammed Idris who gave the order also instructed the President to direct Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN), and/or appropriate anti-corruption agencies to immediately commence the prosecution of indicted lawmakers.

    Justice Idris issued the order in a judgment delivered on Monday in a mandamus suit filed by Socio-Economic Rights and Accountability Project (SERAP).

    The defendants in the suit are the President and Malami.

    The suit was filed last year after the organisation  received “credible information from multiple sources that the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) have completed investigation into the allegations of padding of the 2016 budget, completed their reports, and indicted some principal officers of the House of Representatives and the Senate.

    The organisation also claimed to have found out that the accounts of some of the principal officers containing allegedly illicit funds were frozen, and that the case files for the prosecution of those indicted were ready.

    The suit claims that “Unless the principal officers indicted in the alleged padding of the 2016 budget are prosecuted and any stolen public funds recovered, the Federal Government will not be able to stop padding of future budgets. Alleged corruption in the budget process will not just melt away or simply evaporate without addressing the fundamental issue of impunity of perpetrators.

    “Addressing alleged corruption in the budget process by pursuing prosecution of indicted principal officers of the National Assembly will provide an important opportunity for the Federal Government to reignite the fight against corruption and fulfill a cardinal campaign promise, to show that the Federal Government works on behalf of the many, and not the few, as well as jump start economic activities and break the back of the recession.”

    Justice Idris, ordered the President to “direct the publication of the report of investigations by security and anti-corruption bodies into the alleged padding of the 2016budget.

    He held that President Buhari in the exercise of his executive powers; has a duty to ensure compliance with the provisions of Article 22 of the African Charter on Human and Peoples’ Rights, and that the President is “expected to use his executive powers for the public good of Nigeria.”

    Article 22 of the African Charter provides that, “All peoples shall have the right to their economic, social and cultural development with due regard to their freedom,” and that “States shall have the duty, individually or collectively, to ensure the exercise of the right to development.”

    Justice Idris also granted an order directing the President to “urgently halt alleged attempt by some principal officers of the National Assembly to steal N40 billion of the N100 billion allocated by his government as ‘zonal intervention’ in the 2017 budget.”

    The court also ordered the President “to closely monitor and scrutinize the spending of N131 billion (accrued from increased oil bench mark) allocated for additional non-constituency projects expenditure, to remove the possibility of corruption.”

    It was the contention of the court that “SERAP, being a human rights non-governmental organisation has sufficient interest in the way and manner public funds are being utilized in this country.”

  • Court adjourns bank’s N212m debt suit

    THE Federal High Court in Lagos will on June 25 hear a suit by Diamond Bank Plc against Eko Akete Engineering and Construction Company Ltd.

    Justice Chuka Obiozor adjourned due to time constraints after the plaintiff’s counsel Ifeoma Odide informed him that the bank was ready for trial.

    The bank’s Ajah Branch Manager Stella Ekhator was present when the case came up, but the defendants were not represented.

    Diamond Bank is claiming N212,052,898.22 from Eko Akete Engineering and its Managing Director Chief Fouad Ade Oki as at March 31, 2016.

    The bank said the sum represents principal and accrued interest arising from various facilities granted the firm and guaranteed by Oki.

    Diamond Bank is also claiming compound interest at 22.19 per annum on the sum from March 31, 2016 until judgment and thereafter at the rate of 15 per cent per annum until final liquidation of the judgment sum.

    The plaintiff is praying for an order permitting it to retain ownership and control of the defendants’ fixed and floating assets “until the final liquidation of the requested sum with interest or until the charged property and assets are sold”.