The Nation Newspaper

Tag: Court

  • Court arraigns herbalists for alleged N20m fraud

    An Ilorin Magistrates’ Court yesterday remanded two herbalists for allegedly defrauding Rahaman Ogundele of N20 million, under the pretence of providing spiritual solution to his ailing business.

    Chief Magistrate Kudirat Yahya ordered the accused, Toyin Olawoyin and Rasaq Ayuba, remanded at the Mondala Prison in Ilorin till May 31, the next adjourned date.

    The defendants are facing a four-count charge of criminal conspiracy, criminal breach of trust, cheating and intimidation.

    Prosecuting Inspector Mathew Ologbonsaye told the court the accused conspired with five others at large to hypnotise the victim and defrauded him of N20 million.

    Ologbonsaye said the defendants collected the money under the pretence of helping the victim to spiritually revive his business.

    “But immediately the accused collected the money from the victim April last year, they took him to a shrine, where he was threatened.

    “They threatened him not to tell anyone about what transpired between them or he will die,’’ he said.

    The offences contravene sections 97, 312, 322 and 309 of the Penal Code.

  • Forensic audit: Court excludes CBN’s officials from Hasal Bank’s probe

    A Federal High Court in Abuja has directed two senior officials of the Central Bank of Nigeria (CBN) – Dr. Okwu J. Nnanna, Mr. Emmanuel Zakari – “not to participate, interfere or supervise” the forensic audit ordered by the CBN to be carried out on the books of Hasal Microfinance Bank Limited.

    The court, in a judgment by Justice Binta Nyako, agreed that the CBN has the requisite statutory powers to order the audit, as contained in its letter of December 16, 2016 and February 14, last year, following complaints by Hasal’s shareholders and directors.

    The court particularly said: “That an order is made directing the 2nd and 3rd defendants (Dr. Nnanna and Mr. Zakari) not to interfere directly or indirectly, participate or in any manner, supervise the audit of the 4th defendant (Hasal).”

    The judgment was on a suit marked: FHC/ABJ/442/2017, with former Nigerian Stock Exchange director-general, Prof. Ndi Okereke Onyuike (as plaintiff) and the CBN, Dr. Nnanna, Mr. Zakari and Hasal (as defendants).

    The court, which held that the CBN’s directive for the conduct of the audit on Hasal’s books was within the apex bank’s regulatory powers under Section 33(1)(e)(i) of the Banks and Other Financial Institutions Act (BOFIA), compelled the CBN to ensure the audit within 21 days.

    The audit, the plaintiff claimed, was directed by the CBN following a petition by directors of Hasal, who expressed reservation about the manner the bank’s management was running its affairs and demanded that the apex bank exercised its supervisory functions, including examining the bank’s books.

    The plaintiff stated that the CBN, in response to the petition by Hasal’s directors, directed Dr. Nnanna and Zakari to supervise the forensic audit to be carried out on Hasal to ascertain the nature of the fraud allegedly perpetrated by the bank’s management.

    It claimed that rather than proceed to conduct the audit as directed by the apex bank’s governor, the two senior officials of the CBN allegedly frustrated the conduct of the audit, a development that informed the suit and the prayer for their exclusion from the exercise.

    The CBN is said to have since appealed the judgment given last February 9, a copy of which was obtained last week.

    The decision by the CBN to appeal the judgment, which upheld its directive for the conduct of a forensic audit on Hasal, has raised suspicion among the bank’s shareholders about the sincerity of the apex bank in the whole exercise.

    Reacting to the development, an aggrieved director of Hasal said: “There are serious questions over the ordering of the forensic report by the apex bank and its sudden appearance to appeal the position of the Abuja High Court over the audit.

    “Investors are worried that the court agreed with the governor of the CBN’s order for forensic audit, and then, the CBN turned around to appeal the judgment, after the court has ruled and granted the prayers of the plaintiff who was initially encouraged by the CBN.

    “From the ongoing, it is worrisome to investors as to why the apex bank prefers the court as solution to a purely regulatory problem which alleged cases of official misdemeanour have been levelled against its key officers.”

     

  • Court orders JOHESU to end strike

    •Govt, union officials meet

    The National Industrial Court yesterday in Abuja ordered striking members of Joint Health Sector Union (JOHESU), to suspend the on-going strike and return to work from today.

    Justice Babatunde Adejumo gave the order after listening to the submissions of Mr Okere Nnamdi, in an ex-parte motion filed by a Non-Governmental Organisation (NGO).

    The NGO – Incorporated Trustees of Kingdom Human Rights Foundation International – in the motion, prayed the court to order the workers to resume work and go back to negotiation table.

    Adejumo, who is also the President of NICN, ordered Minister of Health,  Minister of Labour and Employment, among others, to immediately set up a committee to address issues raised by the helth workers.

    The judge ordered that the parties should arrive at an acceptable and amicable solutions in the interest of Nigerians who are bearing the brunt of the strike.

    The judge also ordered that the President and Vice President of JOHESU, should attend such negotiations.

    He said that the negotiations should take into consideration the provisions of the National Salaries, Income and Wages Act.

    Respondents in the suit are the President and Vice President of JOHESU and National Salaries, Income and Wages Commission.

    News Agency of Nigeria (NAN), recalls that JOHESU commenced strike on April 17,  to demand for upward adjustment of CONHESS salary scale, and  employment of additional health professionals.

    Other demands are implementation of court judgments and upward review of retirement age from 60 to 65 years.

    The matter was adjourned until June 4 for hearing of motion on notice and originating summons

    Also yesterday, the Federal Government and JOHESU officilas were locked in a series of meetings to end the strike.

    News Agency of Nigeria (NAN) reports that the union and the Federal Government are making steady progress toward resolving the impasse and end the strike.

    Minister of Labour and Employment Senator Chris Ngigie said marathon meetings were held on Wednesday before it resumed yesterday.

    He said that the CONHESS table that corresponds with the 2014 CONMESS adjustment with the Medical Doctors had been appropriately addressed by the National Salary Income and Wages Commission.

    The minister said this had been given as an offer in the spirit of equity.

  • Court adjourns Melaye’s case indefinitely on health grounds

    Justice Olasumbo Goodluck of FCT High Court, Maitama yesterday adjourned indefinitely the trial of Senator Dino Melaye, docked for allegedly giving false information.

    Melaye , representing Kogi West, was dragged to court on a two-count charge, bordering on giving false information, offences he denied committing.

    The judge, on Wednesday, adjourned until May 17, and ordered the defence counsel to take appropriate steps to explain the absence of the defendant in court.

    Goodluck, in her ruling yesterday, on a motion for adjournment by Mr. Ricky Tarfa (SAN) Melaye’s counsel, held that the prosecution did not doubt the health problem of the senator.

    “From the gamut of the entire facts placed before the court, the prosecution did not controvert the fact that the defendant was in the National Hospital’s Intensive Care Unit (ICU).”

    The judge, therefore, adjourned the case sine die (indefinitely) pending the recovery of the senator from his sickness.

    Earlier, Tarfa, in an application to justify the absence of the senator, informed the court that his client was still lying critically ill at the National Hospital.

    He tendered a medical report, signed by one Dr. Olaniran, Director of Medical Services at the National Hospital, Abuja, which confirmed that the senator was being managed at the Intensive Care Unit.

    Tarfa urged the judge to consider the ill health of the lawmaker as a special circumstance that warranted his absence from trial.

    He urged the court to adjourn the trial pending the time his client would recuperate from the sickness, and be able to stand before the court to answer the two-count criminal charge against him.

    The prosecuting counsel, Mr. Magaji Labaran, urged the court to discountenance the exhibits attached to the defendant’s affidavit, as they did not meet the requirements of the Law.

    He added that the elements in the medical reports did not indicate that the defendant cannot come to court to stand trial.

     

     

  • Court refuses order to unfreeze N1.9b linked to Patience Jonathan

    THE Federal High Court in Lagos yesterday refused to discharge an interim order freezing N1.9 billion, which was allegedly obtained fraudulently by a businesswoman, Hajiya Bola Shagaya.

    Justice Oluremi Oguntoyinbo held that the Economic and Financial Crimes Commission (EFCC) validly obtained the order.

    Shagaya had urged the court to grant her access to her account, which had been frozen since December 29, 2016.

    Through her lawyer, Mr. Napoleon Emeaso-Nwachukwu, she claimed she was not given fair hearing before Justice Muslim Hassan of the same court, who made the freezing order.

    She urged Justice Oguntoyinbo to declare the freezing order unconstitutional, null and void “as same violates the applicant’s right to own movable property as guaranteed by Section 44(1) (k) of the I999 Constitution of Nigeria”.

    But, EFCC argued that Justice Oguntoyinbo lacked the power to sit as an appellate court over Justice Hassan’s decision, describing Shagaya’s originating summons as an abuse of court processes.

    It accused Shagaya of filing the suit “so as to impede the proper dispensation of justice and thus avoiding criminal investigation and possible prosecution”.

    The anti-graft agency claimed that the N1.9 billion was the balance of N3,305,150,000, which Shagaya allegedly received as “founder fees” on behalf of an organisation, “Women for Change”, being spearheaded by former First Lady Dame Patience Jonathan.

    The EFCC claimed that the N3.3 billion was realised through Shagaya’s “fraudulent activities in the Nigerian National Petroleum Corporation (NNPC),” where she allegedly “influenced the fraudulent allocation of Dual Purpose Kerosene to Index Petrolube Africa Ltd., with the aid of the former First Lady, Mrs. Dame Patience Jonathan.”

    According to the EFCC, the N3.3 billion was paid by Index Petrolube Africa Ltd and its sister company, Autodex Nigeria Ltd.

    The two companies, it said, belong to one Honourable Ezeani ThankGod, adding that the reason for the N3.3 billion payment was to “fraudulently facilitate Dual Purpose Kerosene to ThankGod’s company, Index Petrolube Africa Ltd”.

    The EFCC said it secured an order by Justice Hassan on December 29, 2016, to freeze the account pending the conclusion of its investigation.

    The anti-graft agency said the applicant would “use this honourable court as a shield against criminal investigation and prosecution”, if the application was granted.

    In her verdict yesterday, Justice Oguntoyinbo faulted Shagaya’s claims she was not given the opportunity to defend herself.

    “The interim order was made based on an ex-parte application filed by the EFCC. An ex-parte application has no respondent and the court is not expected to hear from the other party.

    The judge, therefore, held that Shagaya’s application lacked merit and dismissed it.

     

     

  • Court hears how prophet asked church member to kidnap child

    An Ikeja High Court heard yesterday how a Prophet Ernest, the General Overseer of Holy Family, Happy Family Ministry, allegedly made an apparition in a dream to instruct a former church member, Mrs Rosemary Chukwu, to kidnap a child.

    A witness, Mr John Okoroafor, narrated how Mrs Chukwu made the revelation in her statements at the Panti Police Station.

    Chukwu allegedly kidnapped the six-year-old boy on June 25, 2014, from the premises of the Happy Family, Holy Family Ministry in Ikorodu, Lagos.

    Chukwu, a housewife, living at 33 Omologede Street, Majidun, Ikorodu, is standing trial for alleged kidnapping.

    Led in evidence by the prosecuting counsel, Ms Abike Oluwasanmi, Okoroafor,  told Justice Josephine Oyefeso  that Chukwu said she was instructed by the prophet to kidnap the boy.

    “The police questioned her and she told us that, Prophet Ernest asked her to kidnap a child. She said that Prophet Ernest used to appear in her dreams to give her the instructions to kidnap the child.

    “At that point, all the policemen looked at themselves, they asked her to go and they also asked me to go,” Okoroafor said.

    Okoroafor said on July 25, 2014 on his way to the church, he was warned by a member about an irate mob attacking the church.

    He said the mob attacked the church after Chukwu was caught with the kidnapped child, adding that she allegedly confessed that the crime was committed with the pastor’s instructions.

    “A lot of people came into the Ministry and they started beating people, burning things and beating the General Overseer”, he said.

    Okoroafor said when he asked of the Prophet’s where about, he was told he was in Ikorodu Police Station.

    “I went there with some of our members and when we got there, Prophet Ernest was taken to a clinic. Some members of the Ministry and I went to Prophet Ernest’s house at Ikorodu to pray about the matter and while there, I was called to Panti, Yaba to give a statement,” he said.

    Okoroafor said he got acquainted with Chukwu in 2012 when he used to attend the church.

     

     

     

  • FUNAAB: Court strikes out EFCC suit against Ogunlewe, ex-VC

    •Accused discharges, acquitted of wrongdoing

    An Ogun State High Court sitting in Abeokuta, the state capital, yesterday struck out the corruption charge filed by the Economic and Financial Crimes Commission (EFCC) against former Minister of Works, Senator Adeseye Ogunlewe; the immediate past Vice Chancellor of Federal University of Agriculture, Abeokuta (FUNAAB), Prof. Olusola Oyewole and the Bursar of the institution, Mr Moses Ilesanmi.

    The court, presided over by Justice Olatokunbo Majekodunmi, also discharged and acquitted the three for the fraud allegations.

    The accused were in court and heard Justice Majekodunmi pronounce their acquittal.

    The judge held that the anti-graft agency failed to establish a prima facie case against the trio.

    The EFCC, in November 2016, charged Ogunlewe, Oyewole and Ilesanmi to court separately and jointly on an 18-count charge bordering on alleged stealing, abuse of office and fraudulent conversion of the university property.

    Ogunlewe was the Pro-Chancellor of FUNAAB and the other two were principal officers of the institution.

    They were arrested by EFCC operatives following a petition by some concerned workers of the university.

    The accused had pleaded not guilty to the charges and the court granted them bail.

    Following the arraignment, Ogunlewe announced his resignation as the institution’s Pro-Chancellor, citing personal reasons; Oyewole bowed out on May 23, last year, after completing his five-year tenure as vice chancellor.

    Delivering judgment yesterday in the 18-month-old suit, Justice Majekodunmi held that the EFCC failed to prove beyond reasonable doubt all the allegations against the accused.

    The judge averred that the evidence presented by the prosecution had been manifestly and thoroughly discredited during cross-examination to the extent that the court could not rely on them.

    The judge dismissed the suit for lacking in merit, discharged and acquitted the accused.

  • Blind man arraigned for aiding robber’s escape

    A blind man, Monday Eroanya, was on Thursday arraigned before an Ikeja High Court for allegedly aiding a robbery suspect escape arrest.

    Eroanya faces a two-count charge of accessories after the fact to a felony and forgery before Justice Josephine Oyefeso

    Eroanya who was led into the dock owing to his bad sight, however denied the charges.

    According to the prosecutor Ms Abike Oluwasanmi, Eroanya committed the offences on February 19, 2016 at Isheri, Lagos.

    Read Also: Driver docked for allegedly bolting with employer’s N170, 000

    “The defendant aided Michael Eguogwu by providing a fictitious Way Bill used in transporting a robbed truck with registration number EPE72XJ loaded with new tyres.

    “He had also forged the Way Bill for the truck which was transporting the new tyres from Lagos to Onitsha, Anambra State,” Oluwasanmi said.

    According to the prosecution, the offences contravene Sections 365(3)(j) and 415 of the Criminal Law of Lagos State 2011.

    Justice Josephine Oyefeso adjourned the case until July 11 for trial.

  • Two arraigned for stealing phone, cash

    Two men, Oribamise Sunday, 26, and Kayode Abayomi, 26, have appeared before an Ado-Ekiti Chief Magistrate’s Court, for allegedly stealing and receiving cell phone.

    The prosecutor, Insp. Johnson Okunade, said that the accused, whose addresses were not disclosed in Court, committed the offence on Jan. 15 at about 1600hrs, at Oke Bola area, in Ado-Ekiti.

    Okunade said that the accused, Oribamise Sunday, stole one Infinix Hot 5 Lite valued at N46,000, MTN, Glo and Airtel recharge cards valued at N40,000 and cash of N86,000 total valued N172,000 properties of Mr Ojo Michael.

    He said the offence contravened Section 390 (9) of the Criminal Code Cap.16 Vol.1 Laws of Ekiti State, 2012.

    Read Also: Man gets life in jail for impregnating own daughter

    The prosecutor also alleged that the second defendant, Kayode Abayomi, unlawfully received the Infinix Hot 5 Lite from ‎Oribamise Sunday, knowing fully to be stolen.

    Okunade said the offence contravened Section 427 of the Criminal Laws of Ekiti State, 2012.

    He asked the Court for an adjournment to enable him study the case file and assemble his witnesses.

    The defendants pleaded not guilty, and their counsel, Mr. Yemi Adebayo, urged the Court to grant the accused bail, promising it that
    they would not jump bail.

    The Chief Magistrate, Mr Adesoji Adegboye, in his ruling, granted each of the accused bail in the sum of ‎N100,000 with one responsible surety in like sum.

    He adjourned the case until June 13 for hearing.

  • Court remands businessman for alleged N26m fraud

    A businessman, Charles Ihenetu, was yesterday remanded in Kirikiri prison custody by an Ikeja Special Offences Court, for alleged N26 million fraud.

    He will stay in custody till June 20 when his trial begins.

    The Economic and Financial Crimes Commission (EFCC) had arraigned Ihenetu for allegedly obtaining N26 million, under false pretence, from Mr. Osaduwa Amechi.

    Ihenetu was arraigned with his company, V-Choice International Co. Nigeria Ltd, before Justice Mojisola Dada.

    They are facing a three-count charge of conspiracy to obtain money by false pretence.

    Prosecuting counsel Zainab Ettu said the offence committed was contrary to Section 8 (a)and 1(1) (3) of the Advance Fee Fraud and Other Related Offences Act, No 14 of 2006.

    She said EFCC received a petition against the defendant from the complainant, Amechi, that he allegedly obtained money from him on the pretext that they had a vessel containing crude.

    Ettu said Ihenetu asked him if he could raise a draft of N20 million to invest in the vessel going to Ghana.

    The complainant paid him, but could not get any vessel, nor did they return his money.

    Justice Dada adjourned the matter till June 20 for trial.