The Nation Newspaper

Tag: Court

  • Drama as Innoson’s counsel engages court in war of words over jurisdiction

    A mild drama ensued on Tuesday at an Ikeja Special Offences Court as the chairman of Innoson Motors Nigeria Limited, Innocent Chukwu failed to appear in court for his arraignment, for the fourth time.

    Innoson had previously failed to face charges of alleged fraud preferred against him by the Economic and Financial Crime Commission on January 17, February 9 and March 14.

    At the last sitting of the court on March 14,  Innoson through his counsel, Mr George Uwechue (SAN),  was said to have petitioned the National Judicial Council (NJC) over Justice Mojisola Dada, the judge trying the case.

    He was said to have expressed doubts of getting a fair trial before the judge.

    At resumed sitting of the court yesterday, Justice Dada told Innoson’s defence team led by Mr Uwechue that she would not hear any application brought by them in the absence of the defendant.

    “No application will be moved in the absence of the defendant, my position remains the same.

    “You can bring a thousand applications before me for all I care but no application can be heard in this court without the presence of the defendant,” Justice Dada said.

    Earlier,  Uwechue had moved that the defence has an application challenging the jurisdiction of the court to entertain the charges brought against his client by the EFCC.

    He argued: “where there is an application before the court challenging jurisdiction, the court has a duty to hear the application even in the absence of the defendant.” Justice Dada, however, insisted that she will not hear any application until Innoson was present in court.

    Uwechue, apparently taken aback by the response of the trial judge, insisted that his application must be taken by the court.

    “You cannot stand me down My Lord, you cannot stampede me My Lord. I’m an octogenarian, I’m 50 plus years at the bar,” Uwechue shouted.

    But Justice Dada would not be moved with the outburst of the defence counsel but rather retorted that that is the more reason why Uwechue should be better composed and comported, and mustn’t   injure himself.

    The heat generated by Uwechue’s outburst, further led to an exchange of words between the senior lawyer, Prof. J. N Mbadugha and the lead prosecuting counsel for the EFCC, Mr Anselem Ozioko.

    At a point, Uwechue threatened to quit legal practice because of the conduct of Ozioko, the EFCC counsel.

    Ozioko had told the court earlier that proceedings can go on despite the petition written to the NJC against Justice Dada by the defendant.

    “I have it on good record that where there is a petition against a court, the court can proceed with the matter.
    We have the NJC’s directions to that effect so that we can proceed with the case.

    “I have also been served with many processes today by the defence one of which is a motion asking the court to set aside a process that my learned friend, Mbadugha, had received in open court.

    “I’m sure that he realizes that it will affect him negatively, that is why he brought the motion,” he said.

    The EFCC prosecutor added that the anti-graft commission was taking steps to ensure Innoson’s attendance in the next court date.

    Mbadugha, who is also the defence lawyer for Innoson Motors Nigeria Ltd, had also told the court that he had through an appeal, challenged the jurisdiction of the court to hear the case.

    “We have not been availed of the NJC’s directive, we have gone to the court of appeal as regards jurisdiction,” Mbadugha said.

    Chukwuma and his company, Innoson Motors Nigeria Limited are to be arraigned on a four-count charge of conspiracy to obtain property by false pretenses, obtaining property by false pretenses, stealing and forgery.

    According to the charge sheet, the defendants committed the offences between 2009 and July 2011 in Lagos.

    The EFCC had alleged that defendants, with intent to defraud, conspired to obtain by false pretenses, containers of motorcycle, spare parts and raw materials, property of Guaranty Trust Bank (GTB) from Mitsui OSK Lines Limited, Apapa, Lagos.

    They were alleged to have fraudulently induced staff of Mitsui OSK and Maersk Line to deliver to them via their clearing agents the goods which were imported from China in the name of GTB by falsely pretending that they were authorised by the bank to clear the goods.

    The prosecution claimed that the defendants forged a bill of lading numbered 598286020 of Maersk Line Limited and 11007950841 of Mutsui O.S.K Lines by knowingly putting a false GTB stamp and signature of the bank staff in order to facilitate the fraud.

    It was alleged that the forged documents were meant to be used or acted upon as genuine to the prejudice of any person within Lagos or elsewhere.

    The EFCC said the offences contravened Sections 1(1)(b), 1(3), and 8(a) of the Advanced Fee Fraud and Other Related Offences Act 2016 and Sections 309(9), 388, 465 and 467(1)(j) of the Criminal Code, Laws of Lagos State 2003.

    Justice Dada adjourned the matter until May 24 for arraignment of the automobile boss.

    NAN

  • SERAP to court: order Saraki, other senators to refund N13.5m monthly allowance

    A RIGHTS group, Socio-Economic Rights and Accountability Project (SERAP), has asked a Federal High Court in Lagos to order Senate President Bukola Saraki and other senators to refund the N13.5 million monthly allowance being received by them with interest.

    The organisation prayed the court to stop the lawmakers from receiving such allowance henceforth.

    It made the request in a suit filed on Monday before the court by a legal counsel Ms Bamisope Adeyanju.

    The defendants in the suit are the Senate President and the Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN).

    SERAP urged the court to declare “that the N13.5 million allotted to each senator per month as running cost aside their salaries and allowances is in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act”.

    The group urged the court to declare the money as “illegal, unconstitutional and unjustified having regards to section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act”.

    SERAP is also seeking an order of the court “directing the defendants to stop allotting N13.5 million to each senator per month as running cost, the said sum being illegal and unconstitutional”.

    The group is also seeking:

    “An order compelling the second defendant to call for immediate investigation by the appropriate federal agency on the use to which the said sum was put to by the first defendant and his colleagues; and

    “An order directing the defendants to make public the findings of the investigation by publishing same in at least two national dailies and other orders as the may deem fit to make in the circumstance of this suit.”

    SERAP claimed to have learnt of this illegal act through Senator Shehu Sani, representing Kaduna Central, who revealed that he and his colleagues receive N13.5 million monthly aside their salaries and allowances.

    “The Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), the constitutional body responsible for fixing public officials’ salaries and allowances, has declared the said sum of N13.5 million running cost of the Senate President and other senators as illegal.”

     

  • Court declines Badoo suspect’s N500m damages claim

    The Federal High Court in Lagos yesterday refused to award N500m damages against the Police for the arrest, detention and parading of Alhaji Alaka Abayomi.

    The police paraded Abayomi, an oil marketer, before the press on July 31, 2017 as an alleged sponsor of ritualist group, Badoo.

    Joined as respondents in the suit were the Inspector-General of Police (IGP), Commissioner of Police in Lagos State and Chief Superintendent Obot Umoh of the IGP Special Tactical Squad, Lagos.

    The police did not show up in court to defend the suit.

    Although Justice Muslim Hassan knocked the police for Abayomi’s detention beyond 24 hours without a court order, he declined the monetary claim.

    The court also declined Abayomi’s prayer to order the police to “publish and furnish an unreserved apology to the applicant in four national daily newspapers and social media such as Facebook, Twitter and Whatsapp.”

    Justice Hassan held: “I can see that despite the hearing notice ordered by this court to be served on the respondents, no counter-affidavit was filed to controvert the claims of the plaintiff, which amounts to an admission by the respondents.

    “I have read and examined the relief and the affidavit of the applicant in the instant suit, which is not contradicted, and discovered that the detention of the plaintiff herein beyond 24 hours, without an order of court, is a breach of his fundamental rights enshrined in the 1999 Constitution.

    “I agree that the police cannot be prevented from carrying out their constitutional duty but this must be done within the purview of the law and the constitution.”

    Alaka had, through his lawyer, Ojehomon Tunde, urged the court to declare that his arrest at his residence in the Magodo area of Lagos and his consequent detention for over 48 hours at the Lagos Police Command was a violation of his right to personal liberty under Section 35 of the constitution.

    He also urged the court to declare that the police violated his right to freedom of movement by inciting the general public against him through hate speeches that he was the sponsor of the Badoo cult group in the Ikorodu, as a result of which, he said, he could no longer move freely in the society.

    He also prayed the court to declare that “parading and branding the applicant on the July 31, 2017 before the general public, broadcast and print media houses by the respondents, their agents and privies to the effect that the applicant is a ritualist, kidnapper, murderer, and the godfather of the Badoo cult group without being given the opportunity to make representation to the appropriate authority, is a gross violation of his right to fair hearing as guaranteed under Section 36 of the 1999 Constitution as amended.”

     

  • Alleged N5.7b SURE-P fraud: Court remands ex-governor in EFCC’s custody

    •I’m being persecuted by Masari, says Shema

    The Economic and Financial Crimes Commission (EFCC) yesterday arraigned a former Governor of Katsina State,  Ibrahim Shehu Shema before Justice Babagana Ashgar of the Federal High Court on a 26-count charge of conspiracy and money laundering which amounted to of N5,776,552,396.

    Shema was  accused of laundering the cash  which was allegedly stolen from the account of Subsidy Reinvestment and Empowerment Programme (SURE-P) in  Katsina.

    The ex-governor,  in a statement last night,  said he was being persecuted by his successor, Governor Aminu Masari.

    According to a statement by the Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, the suspect was alleged  to have conspired with one Idris Kwado who is on the run, to perpetrate the fraud.

    One of the charges against the former governor reads:  “That you Ibrahim Shehu Shema whilst being the Executive Governor of Katsina State on or about the 17th February, 2014 at Katsina, within the jurisdiction of this honourable court did indirectly control the sum of N502,216,400 withdrawn from Katsina State SURE-P account No. 5030053838 domiciled in Fidelity Bank Plc, Katsina Branch meant for peace education, advocacy and mediation programme which money you ought to have known forms part of the proceeds of an unlawful act to wit; Fraud and thereby committed an offence contrary to section 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 15(3) of the same Act”.

    Shema pleaded not guilty to the 26 count charge but the court dismissed  his application  challenging the competency of the charge and jurisdiction of court to try him.

    Justice Ashgar agreed with the submission of the learned prosecuting counsel, Lateef Fagbemi (SAN )that  objections as stipulated in section 396 (2) of the Administration of Criminal Justice Act 2015 can only be taken after the plea of the defendant has been taken.

    Consequently,  the application was dismissed..

    Before Shema could take his plea after stepping into the dock, Counsel representing him, E.C Ukala (SAN)  pleaded with the  court to adjourn the arraignment to another date in view of the fact that doing so would disrupt the travel arrangement of  the learned silk.

    Prosecution counsel S.T Ologunorisa SAN opposed the prayer of the defence counsel.  He argued that personal issues cannot be considered by court . ”My Lord, there is nothing like  personal circumstances. What we have is judicial circumstances and there is a positive court order that the defendant should take his plea”.

    Ologunorisa  further added that if the  lead defence counsel is not personally disposed, there are other counsels in the team that could proceed with the matter.

    He finally submitted that, this is just an ingenious approach to frustrate the arraignment of the defendant and urge the court to dismiss the application.

    The prosecution also opposed the attempt to move the application of bail for the defendant on the grounds that it was premature.

    Ologunorisa argued that, the application was not ripe for hearing as the prosecution needed time to respond to the motion for bail.

     

     

  • Court issues bench warrant as suspect flees

    There was  mild drama yesterday at the Ikeja Domestic Violence and Special Offences Court when a teacher, Edwin Igbafe, fled before his arraignment for allegedly defiling and impregnating a 16-year-old pupil.

    Igbafe, 31, allegedly committed the offence sometime in September 2015 at 6, Adeola Street, Ijesha, Surulere, Lagos.

    The offence violates Section 137 of the Criminal Law of Lagos State, 2011. It  attracts life imprisonment.

    When the case was called, Igbafe, who is on bail from a magistrates’ court, could not be found.

    Prosecuting counsel Ms I. Solarin, told Justice Sybil Nwaka that she spoke with Igbafe and his mother inside the courtroom before the proceedings began.

    When legal representation was called, no one stood up as Igbafe’s counsel.

    A visibly angry Justice Nwaka ordered that the court premises be searched for the defendant.

    The judge stood down the case, while the prosecution team led others in the search for Igbafe.

    The search party returned to tell Justice Nwaka that Igbafe was not found.

    The judge revoked his bail and issued a bench warrant for his arrest.

    Justice Nwaka ruled: “In view of the absence of the defendant, a bench warrant is issued and his sureties must show cause.”

    The case continues on May 15.

  • Court awards N8.6m damages against police for illegal detention, torture

    A Federal High Court in Abakaliki, Ebonyi State has exonerated an alleged car snatcher, Revd Bright Igwe and further awarded the sum of eight million, six hundred thousand naira in his favour against the police as damages and compensation for violation of his fundamental rights.

    Igwe was alleged to have snatched a Toyota 4 Runner Jeep allegedly owned by Dennet Archibong.

    In a suit No FHC/A1/CS/37/2017, Igwe and Sunday Oddi (1st and 2nd Applicants) sued Archibong (first Respondent); Inspector Anayo from SARS, Abakaliki (second Respondent); the Commissioner of Police, Ebonyi state (third Respondent); Inspector Michael Bassey, Zone 6, Calabar (fourth Respondent);

    Others joined in the suit are the Assistant Inspector General of Police, Zone 6, Calabar (fifth Respondent); and the Inspector General of Police (sixth Respondent).

    The applicants were seeking the enforcement of their Fundamental Rights allegedly violated by the Respondents.

    Oddi was said to have stood in for Igwe on administrative bail on October 21, 2016 at the Area Command, Abakaliki over a dispute between the Igwe and one Ejike Obi regarding money Igwe borrowed from him (Obi) to buy a Toyota 4 Runner jeep.

    Archibong lodged a complaint to the police against Igwe on December 2, 2016 over the said vehicle. The police were said to have arrested Oddi on April 27, 2017 and was allegedly detained, tortured, humiliated by 2nd and 3rd Respondents for two days before he was released.

    Igwe’s Counsel C.R.O. Agha emphasised that when the police arrested and detained her client, there was a pending fundamental right suit involving the same Toyota 4 Runner jeep in which the police was a party and while the matter was still pending, the police was ordered not to arrest Igwe in relation to the said car pending the determination of the substantive suit.

    She noted that there was no evidence that the vehicle alleged to have been snatched from Archibong was the same with that of the applicant.

    Justine Akintayo Aluko ruled that the harassment, embarrassment, intimidation, arrest and detention of the first and second Applicants made by the second-sixth Respondents upon the instigation of the first Respondent was oppressive, unconstitutional and constitute a gross violation of the first Applicant’s fundamental rights as enshrined in sections 34(1), 35(1), and 41(1) of the 1999 constitution of Nigeria (as amended).

    Aluko said: “the sum of N5 million only is hereby awarded in favour of the first Applicant against the second-sixth Respondents as damages and compensation for violation of his fundamental rights”.

    “The sum of N1 million only is hereby awarded in favour of the first Applicant against the first Respondent as damages and compensation for instigating the police to violate the fundamental rights of the first Applicant.

    “The sum of N2 million only is hereby awarded in favour of the second Applicant against the second-third Respondents as damages and compensation for violation of his fundamental rights”.

    “The sum of N500, 000 only is hereby awarded in favour of the second Applicant against the first Respondent as damages and compensation for instigating the police to violate the fundamental rights of the second Applicant. The cost of this action, assessed in the sum of N100, 000 only is hereby awarded in favour of the Applicants against the Respondents”.

    “The Respondents are hereby ordered to tender written public apology to the Applicants for the unlawful and baseless violation of their fundamental rights”.

    The Judge also restrained the Respondents jointly and severally by themselves or agents from further threat, arrest and detention of the Applicants without any reasonable suspicion of any offence committed by the Applicants.

  • Man bags five months imprisonment for breach of trust

    A Kubwa Grade 1 Area Court, Abuja, on Friday sentenced 30-year-old Buhari Adam to five months imprisonment for criminal breach of trust.

    The judge, Mohammed Marafa, however, gave Adam N30,000 option of fine and warned him to desist from committing crime.

    Marafa also ordered Adam to pay N420, 000 compensation to the complainant, Fatima Sule, failure of which would attract additional three months in jail.

    Adam, who hails from Niger, was convicted over charges bordering on criminal breach of trust and negligent conduct.

    The prosecutor, John Okpa, had told the court that the complainant reported the matter at Dutse-Alhaji Police Station on April 11.

    Read Also: Man allegedly kills father, injures mother

    He said that the complainant entrusted her Bajaj motorcycle, valued at N420, 000 to Adam on a hire purchase basis on July 21, 2017.

    Okpa said that Adam, however, gave the motorcycle to another person, who claimed that the motorcycle was stolen.

    The prosecutor said that Adam gave the motorcycle out without the complainant’s consent, ‎adding that the offence contravened Section 312 of the Penal Code.

    Adam, who pleaded guilty, begged the court for leniency.

  • Court remands two for cruelty to donkey

    A Sokoto Magistrates’ Court yesterday ordered the remand of two men, Abdulkarim Muhammad and Ibrahim Ibrahim, for alleged cruelty to a donkey.

    The accused are facing a two-count charge of criminal conspiracy, riding and neglecting an animal.

    Chief Magistrate Nuraddeen Bello ordered the remand of the accused after they pleaded not guilty.

    He adjourned the case till April 24 for hearing.

    Prosecutor Monday Kennedy told the court that the accused, who lives in Tafawa Balewa, Sokoto, conspired and rode on a donkey belonging to Faruk Koko of Mabera.

    He said the accused rode on the donkey to Tamaje, Sokoto where they handed the exhausted animal to Abdulmumin.

    Kennedy said Abdulmumin and the donkey were, however, knocked down by a car and both sustained injuries.

    He said the owner of the donkey reported the incident on April 16, at Unguwan Rogo Police Station, Sokoto.

    The prosecutor said the offence contravened Sections 97 and 208 of the Penal Code.

     

  • Two in court for alleged N650,000 fraud

    Two men were yesterday arraigned before an Ikeja Magistrates’ Court in Lagos for allegedly obtaining N650,000 from under false pretence.

    The defendants, Alex Atiporu, 30, an electrician and Emmanuel Akinseye, 35, an estate agent, are facing a three-count charge of conspiracy, obtaining by false pretence and stealing.

    Prosecutor Raji Akeem said the offences were committed in April 2017, at 17, Eniola Akinsanya Street, Mafoluku, Oshodi, Lagos.

    He said the complainant, Mrs. Rose Obasi, was introduced to Akinseye (first accused) by Atiporu (second accused).

    “The first accused told the complainant that the second accused would help her secure a three-bedroom apartment.

    “The accused persons took the complainant to the apartment for inspection and she indicated interest.

    “A week after, she paid N650, 000 into the second accused person’s account, but after the payment both accused persons bolted.

    “When the complainant got to the apartment, she was told that another person had secured the place,’’ Akeem said.

    He said the case was reported at the police station and the accused were placed on the wanted list.

    “The police got information about the accused persons’ whereabouts and they were arrested,’’ the prosecutor said.

    The offences contravene Sections 287, 314 and 411 of the Criminal Law of Lagos State, 2015.

    The accused pleaded not guilty.

    Chief Magistrate Jadesola Adeyemi-Ajayi granted the accused bail at N50, 000 each with two sureties each.

    She adjourned the case till May 7 for mention.

  • Court restrains police, DSS from arresting Omo-Agege 

    A Federal Capital Territory (FCT) High Court yesterday stopped the police and the Department of State Service (DSS) from arresting Senator Ovie Omo-Agege over Wednesday’s invasion of the Senate by thugs who went away with the mace.

    The mace has been recovered and returned to the Senate.

    FCT Chief Judge Justice Isahq Bello gave the restraining order while ruling on an ex-parte motion brought by the senator.

    Justice Bello said the order would subsist, pending the determination of the Omo-Agege’s motion on notice, which he ordered to be served on the defendants.

    The judge granted all the applicant’s prayers, which included:

    • An order of interim injunction restraining the respondents, their agents and/or servants from arresting and/or detaining the applicant either in their custody or of any other law enforcement agency, or its servants, agents or privies or through any person working in concert with the respondent as its agents, by whatever means or however described pending the hearing and determination of the motion on notice filed in this suit.
    • An order of interim injunction restraining the respondents, their representatives, agents or privies, howsoever described from any attempt or threat to violate the applicant’s fundamental right to personal liberty and right to freedom of movement pending the hearing and determination of the motion on notice filed in this suit.

    *An order of interim injunction restraining the respondents from taking any or further steps detrimental to the applicant’s aforementioned fundamental rights to the applicant’s rights in connection with the facts stated in this matter pending the hearing of the motion on notice filed in this suit.”

    The motion on notice will be heard on May 7.

    Justice Bello re-assigned the case to Justice Usman Musale of Court 30 in the Jabi Division of the FCT High Court, where subsequent proceedings would take place.

    The main suit is marked: FCT/HC/CV/1522/2018 and the ex-parte motion was marked: M/5050/18.

    The Attorney-General of the Federation (AGF), Abubakar Malami (SAN); the Inspector-General of Police, Ibrahim Idris; Commissioner of Police, FCT Command, Sadiq Bello, and the Director-General of SSS, Lawal Daura are listed as respondents.