The Nation Newspaper

Tag: Court

  • I paid €233,000 to Evans for my boss’ release, witness tells court

    Uchenna Okagwu, a witness in the ongoing trial of Chukwudimeme Onwuamadike a.k.a. Evans, told an Ikeja high court yesterday that he paid €233,000 (Euros) in order to secure the release of his boss, Donatus Duru, from his captivity.

    Okagwu who is the second prosecution witness, narrated to the court how the money was paid.

    The Manager of Maydon Pharmaceutical Company, owned by Duru, told Justice Hakeem Oshodi that he sent by courier, the ransom price of €233,000 to a location somewhere in Okota, Lagos.

    He said the money was delivered to those holding his master hostage there. Okagwu was led in evidence by the Director, Directorate of Public Prosecution (DPP), Titilayo Shitta-Bey.

    He stated: “Following the news of the kidnap of my boss on  February 14, 2017, we waited to hear what his kidnappers would say, so that we may rescue him.”

    He added that being the manager of Idumota branch of his master’s company, he worked to raise money for his ransom.

    He explained that based on the kidnappers’ instruction, he took the sum of €233,000 counted at the residence of the victim’s brother, Anselm, in Anthony village, to the designated point where the culprits picked up the ransom.

    Okagwu said that Anslem who had earlier been communicating with some people on the phone, handed his phone to him and told him that the kidnappers would call him while in transit, and tell him where to deliver the money.

    “Anselm gave me his phone saying that it is with his phone that I will be receiving calls directing me…As I moved out around 8pm that night, I started to receive calls.

    “I just heard the voice saying I should not make any mistake and that I will be shot if I did,” he said.

    “ I was asked if I know the way towards Mile 2 and I said yes. I moved out of the compound towards Mile 2.

    “On the way, I received another call and I asked if I should follow ‘Oshodi Isale or Oshodi Oke and they said I should follow Oshodi Oke. I was driving slowly so I entered the service lane so I won’t cause traffic.

    “I was asked to enter the expressway when I got to Ijesha so they will not collect the money from me.

    “I was asked if I know the eatery at Apo junction and I said yes and was told to park there. I waited for about 15-20 minutes and was directed to move to Apo junction at FESTAC inside. I was asked to put on the inner light of the vehicle and drive slowly.

    “They directed me towards Okota; from there, I was told to enter a street immediately after the canal where okada riders (commercial motorcyclists) usually stay to carry passengers.

    “I was again asked to drive down the street and was asked to describe everything I saw and should tell them when I see a blinking light on an electric pole.

    “I was told to turn back at that point and left from where I entered. Getting there, I was told to turn back again towards where I came from to the end of the street and told to turn back again.

    “At a point, I was asked to park, get down from the vehicle with the ransom money and walk back.

    “As I walked to the back of my vehicle, like three steps away, I was asked to drop the ransom and I did and was told to move immediately after dropping the money.

    “When  I looked around, I only saw a vehicle parked at the beginning of the street with full lights on, the vehicle looked like an SUV.”

    During cross-examination, defence counsel to the first, second, third and fourth defendants, Olukoya Ogungbeje, asked if he saw anybody when he dropped the ransom or gave it to anybody directly,  the witness said he did not see anybody nor gave the ransom to anybody directly.

    Justice Oshodi adjourned the matter to June 22.

  • Saleswoman faces N5.2m frozen chicken theft charge

    A 30-year-old saleswoman, Blessing Abel, on Friday appeared in a Tinubu Magistrates’ Court, Lagos, for allegedly stealing 4,000 cartons of frozen chicken valued at N5.2 million, property of her employer.

    Abel is facing a three-count charge of conspiracy, theft and forgery. She, however, pleaded innocence of the offences.

    But the Police Prosecutor, Insp. Ben Ekundayo insisted that the accused committed the offences on March 13 at Victoria Garden City (VGC), Lekki, Lagos.

    He alleged that the accused stole 4,000 cartons of frozen chicken valued at N5.2 million belonging to her employer, Mrs Benita Egbuchua.

    In addition, the accused also forged the invoice and receipt of Silver Stone Farm Ltd, where she is working, and issued the fake receipts to customers.

    Read Also: Bail for man caught with pot of soup

    “She also diverted the company’s money to her own account and when she was asked to account for proceeds from the sales, she claimed the customers had not paid.”

    The offences contravened Section 287 (7), 365 and 411 of the Criminal Law 2015.

    The News Agency of Nigeria (NAN) reports that Section 287 (7) stipulates seven years imprisonment while Section 411 provides two years for offenders.

    Magistrate Olumide Fusika granted the accused N1 million bail with two sureties in like sum and adjourned the case until May 25.

  • Woman divorces husband for starving her sex for 2 years

    The five-year-old marriage between a 35-year-old trader, Bilikisu Azeez and her husband, Olusesi, was on Friday dissolved by an Igando Customary Court in Lagos on grounds of sex-starvation.

    Bilikisu had told the court that her husband, Olusesi, starved her of sex for more than two years, a development which, she said, had affected her health.

    “My husband has been starving me of sex since he married his youngest wife; he has turned me to an abandoned property.

    “I have been falling sick in and out of hospital, during my last visit to the hospital, I was told that it was because I have not had sex for long that is why I experience frequent sickness.”

    She also accused her husband of not caring for her and the only child of the marriage, saying “my husband does not take care of me, I feed and clothe myself.

    “He refused to enroll our only child, who is over four years old in school and has failed to pay his medical bills; I always run to my mother for the hospital bill.”

    Bilikisu, who also accused her husband of battery, said he had beaten her publicly which resulted in her fainting.

    According to her, the trouble started when her husband brought in a third wife.

    She continued: “There was joy, love and peace in the house until he came with another wife, who has been fighting me also.”

    She urged the court to dissolve the union so that she can move on with her life.

    Read Also: Advice for women: Sex is food

    Olusesi, in his response to the allegations, accepted that he starved the woman of sex.

    “She once denied me of sex and since then I abandoned her.

    “Yes, I starved her of sex, it is tit for tat because there was a day I entered her room to sleep with her and she left the bed to sleep on the floor.

    “I made an attempt eight times to sleep with her, but she refused. So since that day, I just put her aside after all she is not the only wife I have,” he told the court.

    The 45-year-old building contractor also consented to the dissolution of the marriage, saying he too was no longer interested in the marriage.

    The court president, Mr Akin Akinniyi, while delivering the judgment said that it appeared that the estranged couple were tired of the marriage as all efforts to reconcile them had failed.

    “Since both parties consented to the dissolution of their marriage, this court has no choice than to dissolve the marriage.

    “The court hereby pronounces the marriage between Mrs Bilikisu Azeez and Mr Olusesi Azeez dissolved today.

    “Both of you henceforth cease to be husband and wife, each of you should go on his or her separate ways unmolested.

    “The court wishes both of you well in your future endeavour. Any squabble between both of you from now on shall be treated as criminal.

    “Any violation of this judgment will be regarded as contempt of court and will attract imprisonment without option of fine,” Akinniyi ruled.

  • Court nullifies Omo-Agege’s suspension,

    •Says it is unconstitutional •Senator: it’s victory for democracy

    The Federal High Court sitting in Abuja yesterday nullified the suspension of Senator Ovie Omo-Agege, declaring it unconstitutional.

    Justice Nnamdi Dimbga while delivering judgment in the suit filed by Omo-Agege (Delta Central) challenging his suspension, held that the reason given by the Senate and Senate President Bukola Saraki for suspending Omo-Agege was unconstitutional.

    “While the legislator has powers to take disciplinary measures against its members, the reason given for the punishment is an unconstitutional reason.

    “I hereby nullify the suspension of the plaintiff (Omo-Agege) which was based on the recommendations of the Senate Committee on Ethics, Privileges and Public Petitions with immediate effect.”

    Justice Dimgba also ordered the Senate to pay Omo-Agege outstanding salaries or allowances which were due to him during the period of the suspension.

    The judge stated that the decision recommended by the committee to punish Omo-Agege for going to court was wrong and contravened Sections 4 and 6 of the constitution adding that he had a right to go to court.

    “Access to court is one key indicator of a democracy, the exercise of his rights cannot be a basis for punishment.”

    The judge added that the court took judicial notice of the fact that while the suit was pending in court, the senate went ahead to suspend the senator for 90 legislative days.

    “In sanctioning a legislator, the legislature must act within the law. While this suit was pending and to the knowledge of the Senate and the Senate President, they went ahead and imposed a sanction on him.”

    The judge also said that the 90 legislative days’ suspension was against Order 67, Rule 4 of the Senate Standing Rules which provided for a lawmaker to be suspended for only 14 legislative days.

    He maintained that suspending the senator for more than 14 days was denying his constituents the required representation.

    He, however, held that the legislature had the powers to sanction any lawmaker who set out to make comments or act in a way that could bring disrepute to the institution.

    But that the legislature went out of track and arrived at a wrong and false end by punishing the senator for exercising his rights.

    According to him, Omo-Agege’s right was not breeched when the senate referred him to its committee on Ethics, Privileges and Public Petitions as he erroneously believed.

    The Senator said it will appeal the judgment.

    In a statement yesterday, Omo-Agege described the judgment as victory for democracy.

    The statement by his aide Efe Duku, said the judgement is consistent with his firm position that the Senate as a foremost national institution should live consistently by example and set the pace in legislative best practices.

    The statement said: “We want the good people of this great nation to appreciate this victory for what it is. It is not a victory against the Senate, as there is no war against that great institution. Rather, given his fine understanding of the law, Sen. Omo-Agege believes that there are rare moments that demand the intervention of our courts to enrich the law and our constitutional experience.

    “Today’s positive judgement is therefore not necessarily for or about him as an individual. It is about ensuring that no lawmaker is removed arbitrarily from serving his or her people. It is about ensuring that constitutionality, legality, good conscience and due process are the cornerstones of public leadership actions and decisions.

    “For their increasingly amazing support, Senator Omo-Agege is very grateful to the good people of Urhobo Nation whom he has the great honour of representing in the 8th Senate. He remains absolutely committed to their fine values of justice, honour and humility in service. His special gratitude also goes to his wonderful family, friends, and well-wishers for their prayers and overwhelming support. Above all, this victory belongs to God and to Him we give the glory.”

  • Court fixes July 4 for judgment in Bafarawa’s case

    Justice Bello Abbas, of the Sokoto High Court I, has fixed July 4 for judgment in the case against former Governor Attahiru Bafarawa.

    Justice Abbas, yesterday, adjourned judgment after the complainant, Economic and Financial Crimes Commission (EFCC), and defendants, adopted their written addresses.

    Bafarawa, with Beedash Nigeria Limited, Nasdalbap Nigeria Limited, Nasiru Bafarawa and Salihu Maibuhu-Gummi, are facing a 33-count charge of unlawful sales of shares belonging to the Sokoto State government.

    The charges also include misappropriation of government funds, criminal breach of trust, receipt of stolen property and unauthorised payments.

    According to the charge sheet, the offences were committed when Bafarawa was governor between 2003 and 2007.

    Lead defence counsel Lateef Fagbemi (SAN) argued that the complainant abandoned 11-count charges without evidence.

    He added that the complainant doesn’t have enough materials to prove the other 22 charges.

    Fagbemi said justice had no sentiment or emotion, stressing that Bafarawa should be referred to as “An Honest Complainant turned Accused Person” in view of antecedents that he first reported the case to EFCC in 2006.

    According to him, Bafarawa made the right decision as a whistle blower before circumstances turned him into an accused.

    Fabegmi added that the prosecution need to prove the charges, and prayed the court not to accept its 22 charges.

    EFCC’s lead counsel Jacob Ochidi said prosecution proved the charges besides the 11 mentioned.

    Ochidi urged the court to convict the accused based on testimonies and exhibits led in evidence.

    The court earlier discharged and acquitted Munti Trade Golobal Concept and Bashir Mamman-Nasarawa, who were joined in the suit.

    However, Abbas adjourned the case till July 4 for judgment and ordered the bail earlier granted the accused to continue.

  • Court orders PDP to pay N180m fee to senior lawyer

    A FEDERAL Capital Territory (FCT) High Court, Maitama has ordered the Peoples Democratic Party (PDP) to pay N180 million to Mr. Samuel Okutepa (SAN) being his professional fee.

    Justice Jude Okeke, who delivered the judgment in a suit filed by Okutepa against the PDP, said the senior lawyer deserved to be paid the money for handling the cases for the party.

    “The defendant is directed to pay the claimant N180 million, being the earned professional fee for defending and prosecuting their cases listed out in the applicant’s statements of claims.”

    The court also ordered PDP to pay N50,000 to  Okutepa  for successfully handling the cases.

    The judge held that it was not right for the PDP not to pay for the work they knew was well-handled by the plaintiff.

    He said the defendant claimed that they did not give him job to do,  as no legal agreement was signed by the parties.

     

     

     

  • Court gives nod to Lagos consumption tax law

    A Federal High Court in Lagos yesterday lifted its interim injunction restraining the Lagos State Government from enforcing the provisions of Hotel Occupancy and Restaurant Consumption Tax Law, 2015.

    Justice Rilwan Aikawa, in a ruling on a motion filed by the Registered Trustees of Hotel Owners and Managers Association of Lagos, had restrained the State Government from further enforcing the law pending the determination of the matter.

    Joined as defendants are the Attorney-General of Lagos State and the Federal Inland Revenue Service (FIRS).

    The plaintiff is urging the court to strike out the Hotel Occupancy and Restaurant Consumption Law, Cap H8, Laws of Lagos State 2015.

    The plaintiff also asked the court to restrain the State Government from enforcing the provisions of its new Hotel Occupancy and Restaurant Consumption (Fiscalisation) Regulations 2017.

    At the last adjournment on April 17, counsel to the first defendant, Mr Lawal Pedro (SAN), had informed the court of his motion, seeking a variation of the court’s interim orders made on March 21.

    Pedro, in the motion, argued that the interim order was made following misrepresentations and concealment of material facts by the plaintiff.

    He had specifically argued that the interim injunction was irregular for not being within the scope of the relief sought by the plaintiff (hotel operators) in the suit.

    “Not discharging the interim injunction will cause greater hardship, damages and injustice to the Lagos State Government which cannot be compensated by the plaintiff,” Pedro had argued.

    When the case came up yesterday, Olasupo Shasore (SAN), announced appearance for the plaintiff and informed the court that he had reached an agreement with the defence counsel for a variation of the existing orders, pending determination of the suit.

    He added that it was also agreed that no new measures would be introduced by the defendants until determination of the substantive suit.

    In response, Pedro confirmed the position, and added that the restraining orders be lifted on the Hotel Occupancy and Restaurant Consumption Law, Cap H8, Laws of Lagos State 2015 which has been in force in the State.

    According to him, the restraining orders on the Regulation 2017 can be allowed to subsist pending determination of the suit.

    He, then, moved his motion, seeking variation of the interim orders.

    The court consequently ruled: “An Order is hereby made, varying the orders made on March 21, 2018.

    “The variation shall be to the extent that the restraining orders against the first defendant from implementing the Hotel Occupancy and Restaurant Consumption Laws of Lagos State, be expunged from the said order, while retaining the restraining orders on Hotel Occupancy and Restaurant Consumption (Fiscalisation) Regulations 2017.”

    While ordering the plaintiff to comply with the laws of the State, the Court added that no new measures should be introduced by the first defendant pending the determination of the suit.

    Meanwhile, the court has granted an accelerated hearing of the matter and adjourned till June 4.

     

  • Court remands man for alleged murder

    An Ota Magistrates’ Court in Ogun State yesterday ordered the remand of 23-year-old Jamiu Ramon, arraigned on a two-count charge of conspiracy and murder.

    Senior Magistrate G. E. Alan ordered that the accused be remanded in Oba Prison, Abeokuta, pending legal advice from the Director of Public Prosecutions (DPP).

    Prosecutor Chudu Gbesi told the court that the accused allegedly committed the offences on April 26, last year, at 12:20 am., at Ogba-Ayo, under bridge, Ijoko, Ota.

    He said the accused, with others at large, allegedly killed Lanre Adebowale and a pupil (name unknown).

    Gbesi alleged that the accused is a member of Eiye Confraternity. The offences contravene sections 319 (1) and 324 of the Criminal Code Vol. 1, Law of Ogun State, 2006.

    The accused’s plea was not taken.

    The case was adjourned till June 21 for mention.

     

  • Court gives nod to Lagos consumption tax law

    A Federal High Court in Lagos yesterday lifted its interim injunction restraining the Lagos State Government from enforcing the provisions of Hotel Occupancy and Restaurant Consumption Tax Law, 2015.

    Justice Rilwan Aikawa, in a ruling on a motion filed by the Registered Trustees of Hotel Owners and Managers Association of Lagos, had restrained the State Government from further enforcing the law pending the determination of the matter.

    Joined as defendants are the Attorney-General of Lagos State and the Federal Inland Revenue Service (FIRS).

    The plaintiff is urging the court to strike out the Hotel Occupancy and Restaurant Consumption Law, Cap H8, Laws of Lagos State 2015.

    The plaintiff also asked the court to restrain the State Government from enforcing the provisions of its new Hotel Occupancy and Restaurant Consumption (Fiscalisation) Regulations 2017.

    At the last adjournment on April 17, counsel to the first defendant, Mr Lawal Pedro (SAN), had informed the court of his motion, seeking a variation of the court’s interim orders made on March 21.

    Pedro, in the motion, argued that the interim order was made following misrepresentations and concealment of material facts by the plaintiff.

    He had specifically argued that the interim injunction was irregular for not being within the scope of the relief sought by the plaintiff (hotel operators) in the suit.

    “Not discharging the interim injunction will cause greater hardship, damages and injustice to the Lagos State Government which cannot be compensated by the plaintiff,” Pedro had argued.

    When the case came up yesterday, Olasupo Shasore (SAN), announced appearance for the plaintiff and informed the court that he had reached an agreement with the defence counsel for a variation of the existing orders, pending determination of the suit.

    He added that it was also agreed that no new measures would be introduced by the defendants until determination of the substantive suit.

    In response, Pedro confirmed the position, and added that the restraining orders be lifted on the Hotel Occupancy and Restaurant Consumption Law, Cap H8, Laws of Lagos State 2015 which has been in force in the State.

    According to him, the restraining orders on the Regulation 2017 can be allowed to subsist pending determination of the suit.

    He, then, moved his motion, seeking variation of the interim orders.

    The court consequently ruled: “An Order is hereby made, varying the orders made on March 21, 2018.

    “The variation shall be to the extent that the restraining orders against the first defendant from implementing the Hotel Occupancy and Restaurant Consumption Laws of Lagos State, be expunged from the said order, while retaining the restraining orders on Hotel Occupancy and Restaurant Consumption (Fiscalisation) Regulations 2017.”

    While ordering the plaintiff to comply with the laws of the State, the Court added that no new measures should be introduced by the first defendant pending the determination of the suit.

    Meanwhile, the court has granted an accelerated hearing of the matter and adjourned till June 4.

  • Court remands policeman for impregnating teenager

    An Oredo Magistrates’ Court in Benin, Edo State, at the weekend remanded a police officer, Michael Eriarebhe, in prison for allegedly impregnating a 16-year-old suspect in police custody.

    Eriarebhe, 33, is facing a one-count charge of having forceful carnal knowledge of a minor before Magistrate I.U Iyioha.

    He pleaded not guilty.

    Prosecutor Johnbull Adah told the court that the accused allegedly committed the offence on May 15 last year at Okhoro Police Station, Benin City.

    He added that the suspended accused was a corporal at the police station when the incident occurred and the girl became pregnant.

    The offence is contrary to Section 357 and punishable under Section 358 of the Criminal Code Cap 48 Vol. II of the defunct Bendel State Laws of 1976, as applicable in Edo State.

    The magistrate adjourned the case till May 11 for hearing.