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Tag: Court

  • Court declares sack of teacher ‘unlawful’

    The National Industrial Court at the weekend declared as ‘unlawful’ the dismissal of Akpomovine Ojo-Gabriel, by Hillside School, Abuja, for embarking on maternity leave.

    Justice Rakiya Haastrup ordered the school to pay her salary and cost of suit.

    She said the defendant’s failure to recognise the claimant’s maternity leave and refusal to allow the claimant resume after her leave was unjustifiable.

    Haastrup said stopping her salaries breached the terms of contract of both parties as contained in the staff handbook.

    The judge said the defendant breached the agreement in a section of the handbook that dealt with maternity leave, which the claimant is entitled to as a worker.

    “The handbook stipulates one month notice or salary in lieu of notice is required where the employment relationship is to be terminated by either party,’’ she said.

    Haastrup said the act of the defendant in mandating the claimant to re-apply for her position was null and void.

    She ordered the payment of the claimant’s one month basic salary and any other entitlements that may be due and accrued.

    The claimant was also awarded N50, 000 as cost of prosecuting the suit.

    The court, however, said the claimant was not entitled to the claim for an order of reinstatement.

    The claimant’s counsel, Kingsley Osuji, said his client before her dismissal was a teacher at Hillside School, Abuja, until she left for a two-month maternity leave, which was duly sought and approved.

    He said upon her return, she was accused of absconding and was told to re-apply for her position, which she did.

    Osuji said his client was subsequently dismissed orally without query or prior notice.

     

  • Again, Evans says court can’t try him

    Suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a Evans, on Friday asked a Lagos High Court in Igbosere to quash all the five charges filed against him by the Lagos State Government.
    Evans told Justice Adedayo Akintoye that his trial was an abuse of court processes because similar charges had been filed against him by the state at the Ikeja Division of the court.
    According to him, the law requires that all the cases must be consolidated and brought before one judge.
    His trial before Justice Akintoye is the fourth and fifth in a series of murder, attempted murder and kidnap charges brought against him by the state since his arrest last June 10 in his Magodo, Lagos mansion.
    But only two charges are before Justice Akintoye. Three multiple-count charges are before Justices Hakeem Oshodi and Oluwatoyin Taiwo of the Ikeja High Court.

    Read Also: Video of Evans confession for kidnapping shown in court

    In the case before Justice Akintoye, Evans and three others are facing a fresh five-count charge of conspiracy to kidnap, kidnapping and attempted murder.
    His co-defendants are: Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.
    In the second charge, Evans, Joseph Emeka, Linus Okpara and Victor Aduba are facing similar counts.
    At the resumed hearing of the case yesterday, Evans’ counsel, Mr Olukoya Ogungbeje, argued that all the charges were “grossly defective, repetitive and an abuse of court processes”.
    Ogungbeje said: “Apart from the counts being of same offence, same section of the law (Section 153 of the Administration of Criminal Justice Law (ACJL) is being provided in these counts.
    “I submit that the prosecution misfired by bringing different charges and instituting the same case in different courts.
    “I urge Your Lordship to quash the charge because it is defective and an abuse of court process.”
    But Director for Public Prosecutions (DPP), Ms Titilayo Shitta-Bey, opposed him.
    She said: “The general rule is that every offence must be in a separate count.”
    Shitta-Bey stated that the first defendant was charged with attempt to murder Chief James Udoji in count three, while in count four, he was charged with attempt to murder Mr Donald Nwonye.
    “It will be against the provisions of the law to lump the two offences in one count,” she added.
    Shitta-Bey further explained that other charges filed against the first defendant before other judges involved different defendants committing differnt offences against different victims at different locations and times.
    She urged the court to dismiss the application.
    Shitta-Bey also countered the application of the third defendant, Linus Okpara, in the second charge, which urged the court to quash the two-count charge preferred against him, on the ground that it disclosed no prima facie case.
    She said the proof of evidence disclosed where the third defendant admitted collecting the sum of N2 million for the first defendant in relation to one of the victims, Uche Okorafor.
    “I, therefore, urge the court to discountenance the third defendant’s argument,” the DPP said.
    Justuce Akintoye adjourned till June 26 for ruling.

  • Court dissolves 18-year-old marriage over abandonment

    An Idi-Ogungun Customary Court, Agodi, in Ibadan, on Friday dissolved the 18-year-old marriage between one Fatimo Taiwo, 35, and her husband, Lukman, on ground of abandonment.

    The President of the court, Chief Mukaila Balogun, said the court was left with no option than to dissolve the marriage since the defendant had urged the court to uphold the divorce request of his wife.

    Balogun said that failure of the husband to defend the allegations brought before the court further proved that he had made up his mind to end the union.

    He, therefore, dissolved the marriage and gave custody of the only child of the union to the plaintiff.

    The president ordered the defendant to pay N4,000 monthly allowance for the upkeep of the child.

    Read Also: Court dissolves 24 year-old marriage

    Fatimo had prayed the court to order her husband to be responsible for the upkeep of the only child of the union.

    In her testimony before the court on Friday, the plaintiff alleged that her husband was insensitive to her welfare.

    “He preferred spending his money on other women so, I urge the court to separate us and direct him to perform his role as a father of the only child between us,” the plaintiff pleaded.

    Responding, Lukman, 39, said he would not say anything regarding the allegations leveled against him, but urged the court to uphold the request of his wife.

  • Court remands pro-Biafra agitators  

    Chief Magistrate Sokari Andrew-Jaja of the Rivers State Judiciary yesterday ordered the remand in prison custody of eight pro-Biafra agitators for alleged treasonable felony.

    They are being prosecuted by Police Commissioner Zaki Ahmed.

    The suspects are Okorie Prince Chukwuma, 32, Ifeanyi Nwankwo, 27, Kanayo Frank, 41, Ndifereke Joshua, 33, Christian Uzor, 22, Nwchukwu Ogbonna, 32, Oforbuike Ogbonnaya, 25 and Sunny Ita Udofia.

    They were arraigned on a two-count charge of conspiracy and treasonable felony.

    The accused were arrested on May 23 on East/West Road, Port Harcourt while allegedly protesting against the government.

  • Court nullifies Jibrin’s suspension by House of Reps

    •Judge says decision was arbitrary

    AN Abuja Federal High Court has declared as unlawful decision by the House Representatives to suspend one its members, Abdulmumin Jibrin, for 180 days.

    Justice John Tsoho, in a judgment yesterday, held that the House of Representatives, in suspending Jibrin beyond the 14 days allowed under its rules, violated the House’s Rules and Jibrin’s constitutionally guaranteed rights to freedom of expression and fair hearing.

    The judgment was on a suit filed on October 14, 2016, after his suspension on September 28, 2016.

    The House had resorted to suspending Jibrin (APC, Kano) after he accused its leadership of padding the 2016 budget.

    The judge resolved the five issues, identified for determination, against the defendants, including the House of Reps and its Speaker.

    Justice Tsoho, who rejected the defendants’ argument that Jibrin was suspended for violating the House’s Rules, held that it was wrong for some of the leaders, against who the plaintiff made allegation of corruption to participate in the proceedings leading to his suspension.

    The judge also held that the fact that Jibrin was suspended while his case was pending in court, supported his claim of vendetta and breach of his right to fair hearing.

    He said the House’s resolution of September 28, 2016 suspending the plaintiff for 180 legislative days  violated Section 68 of the Constitution, Sections  21 and 24 of the Legislative Houses Powers and Privileges Act (LHPPA), 2004 and Order 10 Rule 6 of the Standing Order of the House of Reps.

    After referring to some provisions of the House’s Standing Order and  some past decisions of other judges of the Federal High Court on similar cases, including the recent one filed by Senator Ovie Omo-Agege, Justice Tsoho held that the defendants are empowered to suspend an erring member for not more than 14 days.

    The judge said: “Therefore, even if it is conceded that the House was entitled to regulate its procedure and privileges beyond its Standing Orders, it had, in the attempt at doing so, grossly violated the plaintiff’s constitutionally guaranteed right to fair hearing, which automatically vitiated the process.”

     

     

     

     

  • Court declares Innoson wanted for fraud

    AN Ikeja Special Offences Court yesterday declared the Innoson Group of Companies Chairman, Chief Innocent Chukwuma, wanted.

    The decision followed an oral application filed by Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada.

    Justice Dada had earlier issued a Bench Warrant against the defendant for not appearing in court despite several invitations.

    At resumed sitting of the court yesterday, Justice Dada declined to listen to any of the applications from the defence counsel.

    She insisted Innoson must appear before her in court.

    Addressing the court, EFCC lead counsel Anselem Ozioko informed the court that they were not able to execute the Court’s Bench Warrant.

    Ozioko insisted that it was disrespectful for the defendant to fail to appear in court for the fifth time.

    He added that the court and the law should not be disrespected by anybody; no matter how highly placed and standing in the society.

    Innoson’s counsel Chief George Uwechue (SAN) said even when the court does not want to listen to the application of a defendant, it was duty bound to do so when it borders on challenging its jurisdiction to hear the matter under consideration and make a formal ruling on it.

    The EFCC is accusing Innoson of obtaining containers of motorcycles spare parts by false pretences between 2009 and July 2011 in Lagos, ‘with intent to defraud.

    The goods, said to be property of GT Bank Plc, were allegedly obtained from Mitsui O.S.K Lines Limited in Apapa.

    The anti-graft agency claimed that Innocent Chukwuma and Charles Chukwuma, “with intent to defraud induced the staff of Mitsui O.S.K and Maersk Line Limited to deliver” to them through their clearing agents, the motorcycle spare parts, moulds of spare parts and steel structures and raw materials called polyvinlchlorid, imported from China.

    The charge said the accused falsely pretended that they were authorised by GTB to clear the goods and take delivery of them.

    Justice Dada has adjourned the matter till June 22.

     

     

     

     

  • Alleged N4b fraud: Court grants bail to Jang

    Justice Daniel Longji of Plateau High Court, Jos, on Thursday, granted bail to the immediate past governor of Plateau and Senator representing Plateau North, Jonah Jang.

    In his ruling, Justice Longji said the prosecution’s submission that Jang would jump bail and interfere with investigations was a mere speculation and without prove.

    He said he would not act on speculation to deny bail to the defendant, as he admitted Jang to N100 million bail and two sureties in like sum.

    Longji also granted bail to Pam Yusuf, a cashier in the office of the Secretary to the State Government, standing trial alongside Jang, in the sum of N50 million and two sureties in like sum.

    The judge said that in Jang’s case, one of the sureties must be a first class traditional ruler and the second a civil servant of not less than GL 17, and both must reside within the jurisdiction of the court.

    He ordered that in Yusuf’s case, one of the sureties must be a permanent secretary with the state government, adding that the two must also submit their international passports to the court.

    He adjourned the matter until July 17, July 18 and July 19 for definite and accelerated hearing.

    Read Also: Alleged N4b fraud: Jang remanded in prison

    The Economic and Financial Crimes Commission (EFCC) had on Monday, May 7, preferred a 12-count charge bordering on alleged corruption and misappropriation on Jang.

    Jang is alleged to have misappropriated over N6 billion, two months to the end of his tenure as governor of Plateau in 2015.

    According to the charges, the former governor also embezzled over N4 billion from the state coffers through Pam Yusuf, who was a cashier in the office of the Secretary to the State Government.

    Yusuf, who is a co-defendant in the suit against Jang, is also facing another case of allegedly enriching himself to the tune of N11 million.

  • Man, 32, remanded for raping wife’s sister

    An Ikeja Chief Magistrates’ Court on Thursday remanded one Ademola Ojomu in prison custody over alleged rape of his wife’s younger sister.

    The Chief Magistrate, Mr P. E. Nwaka, ordered Ojomu, 32, to be remanded in Kirikiri Prisons, while the case file was sent to the Director of Public Prosecutions for advice.

    Nwaka adjourned the case until June 26 for mention.

    The accused, who resides at No 10, Albert St., Palmgroove, Lagos, is being tried for rape.

    Earlier, the Prosecutor, Insp. Christopher John, told the court that the accused committed the offence sometime in 2016 at his residence.

    Read Also: Court remands three politicians in Lagos over alleged murder

    He said that the victim had been staying with her sister and her husband since 2016 and that the accused had been having sexual intercourse with the 15-year-old girl since then.

    “Ojomu had been sexually assaulting the girl on different occasions whenever his wife was not around, raping her.

    “The case was reported at the police station and the accused was arrested for questioning,’’the prosecutor said.

    NAN reports that the offence contravenes Section 260 of the Criminal Law of Lagos State, 2015.

  • Court denies two MDs bail over N120m property ‘scam’

    An Ikeja High Court yesterday declined to grant two Managing Directors (MDs) – Samuel Okeke of Samadores Ltd and Aqua Rock Real Estate, and Ifeanyi Ndigwe of Iccon Communications Ltd bail. It described them as flight risks in rejecting their bail request.

    Justice Mojisola Dada rejected their applications following opposition from the Economic and Financial Crimes Commission (EFCC).

    Okeke, Ndigwe, Forthright Properties Ltd, MD Isaac Akintoye, and four firms are standing trial for an alleged N120 million property scam.

    In her ruling, the judge observed that the EFCC’s claim Okeke jumped administrative bail, and that Ndigwe had no verifiable address, were not controverted.

    Justice Dada held: “The first defendant’s (Okeke’s) bail was opposed by the prosecution on the ground that he jumped the administrative bail granted him at the EFCC office and evaded arrest until he was apprehended on May 10. The applicant’s counsel never replied to this weighty allegation in all the documents submitted before the court. I therefore hold that his application fails and bail is hereby refused.”

    In rejecting the third defendant’s (Ndigwe’s) application, the judge held: “…not having a source of income or a traceable address, there are indications that he may not be available for his trial.”

    The judge, however, granted Akintoye N500,000 bail with one surety in the like sum.

    Justice Dada adjourned till June 8.

    On May 15, the defendants pleaded “not guilty” to a 16-count charge of stealing and fraud.

    According to EFCC counsel Muhammed Bashir, the offences were committed in Lagos between November 14, 2005 and August 2014.

    The defendants allegedly received sums totaling N120million in tranches of N68,400,000, N1,800,000, N5,000,000, N6,000,000, N10,000,000, and N8,500,000, among others.

    Okeke and his firms were indicted in counts 1 to 12, Akintoye and his firm were mentioned in count 12; Ndigwe and his company appeared in counts 13 to 16.

  • ‘Diezani loot’: Court remands Shagari, four others in police custody

    •Shekarau, two others quizzed, released by EFCC

    A SOKOTO Federal High Court yesterday remanded former Deputy Governor Mukhtari Shehu Shagari, the state Peoples Democratic Party’s (PDP) candidate in 2015 governorship election, Abdallah Wali and three others in police custody for allegedly accepting N500 million from ex-Minister for Petroleum Mrs. Diezani Alison Madueke.

    They will be in police custody till tomorrow when their bail applications will be heard against the offence, which Economic and Financial Crime Commission (EFCC) said contravenes the anti-Money Laundering Act of 2011 as amended.

    Other defendants in the five-count charges are Nasiru Dalhatu Bafarawa, the state Chairman of PDP, Ibrahim Milgoma and former Commissioner for Information Ibrahim Gidado.

    One of the charges accused Gidado (first defendant), Shagari (second defendant) and Milgoma (fourth) of conspiring in March 2015 to accept N500 million from one Abdulrahman Ibrahim without transacting same through a financial institution and thereby committed an offence contrary to section 18(a) of the Money Laundering (prohibition) Act, 2011 as amended and punishable under Section 16(2) (b) of the same act.

    When the charges were read to the defendants, they pleaded not guilty.

    Justice Saleh Idrissa adjourned the case till tomorrow for the hearing of bail applications and remanded the defendant in police custody.

    Also, the EFCC yesterday invited former Minister of Education Malam Ibrahim Shekara, former Nigeria’s Permanent Representative to the United Nations Ambassador Amino Wali and Mansur Ahmad for questioning over issue relating to alleged money laundering.

    Shekarau and the two others were quizzed for over an hour for laundering N950 million, funds earmarked for 2015 general election logistics.

    Abdul Adamu Fage, the counsel to Shekarau, who briefed reporters after the arrival of the former minister, said his client and others were at the EFCC to honour an invitation from the commission in preparation for their arraignment tomorrow.

    It was learnt the former minister and others were later released by the agents of the commission after interrogation.