The Nation Newspaper

Tag: Court

  • Businessman in court

    A 54-year-old businessman, Henry Ogbado, was yesterday arraigned at a Karmo Grade 1 Area Court, Abuja, for allegedly paving the way for an unknown person to kidnap a child.

    Ogbado, who lives at Dape village, Abuja, was arraigned on a one-count charge of negligent conduct.

    The judge, Mr. Abubakar Sadiq, however, granted him bail at N100,000 with one surety.

    He said the surety must be a level 9 officer and must live in the court’s jurisdiction.

    Sadiq said the surety must present a current utility bill in his name to the registrar, and adjourned the matter till May 14 for hearing.

    Prosecutor Dalhatu Zannah told the court that Matthew Andrew, the defendant’s neighbour, reported the matter at Life Camp Police Station.

    He said the complainant left his four-year-old son, David Matthew, in the custody of the defendant and went to work.

    Zannah said the defendant neglected the boy, thereby allowing an unknown person to abduct him.

    He added that the defendant could not give a satisfactory account of the missing boy during investigation.

    The prosecutor told the court that efforts to find the boy proved abortive.

    He said the offence contravened Section 196 of the Penal Code Law.

  • Court stops planned sale of 9mobile

    An Abuja  Federal High Court has halted the planned sale of 9mobile, following opposition to the move by some aggrieved shareholders.

    The shareholders – Afdin Ventures Limited and Dirbia Nigeria Limited – who claimed to be major investors, complained of being left out in the firm’s decision making process and have demanded for a refund of  $43,330,950 invested in the telco.

    A suit marked: FHC/ABJ/CR/288/2018 has Karlington Telecommunications Ltd, Premium Telecommunications Holdings NV, First Bank of Nigeria Plc, Central Bank of Nigeria, Etisalat International Nigeria Ltd and Nigerian Communication Commission (NCC) as defendants.

    On April 17 this year, Justice Binta Nyako, after hearing plaintiffs’ lawyer, Mahmud Magaji (SAN)  moved an ex-parte motion, ruled that “an order is made for the maintenance of the status quo as at today.”

    Justice Nyako, who said “the defendants ought to be heard,”also ordered the service of processes on  them  including the third and fifth (First Bank and Etisalat), whose addresses are outside jurisdiction.

    The judge, who also ordered that “the writ be marked as concurrent,” adjourned to May 14 for mention.

    In their statement of claim, the plaintiffs said they bought shares in Etisalat from the first and second defendants (Karlington Ltd and  Premium Holdings) through “a private placement  memorandum  in which the third defendant (First Bank) served as a custodian of the plaintiffs’ share certificate.”

    They said while the first plaintiff (Afdin Ventures) “bought 1,300,391 Class A shares at $13,003,910,” which it paid for on August 14, 2009, the second plaintiff (Dirbia Ltd) acquired 3,300,004 Class A shares at $30,030,040, for which it made payment on September 3, 2009.

    The plaintiffs said they paid for the shares through the first and second defendants’ First Bank accounts.

    In a supporting affidavit, the General Manager of the first plaintiff and a director in the second plaintiff,  Sani Ibrahim, said the problem with Etisalat resulted from the mismanagement of its funds.

    He said the plaintiffs’ grouse arose from not only the firm’s mismanagement, it includes its inability to declare dividends from 2009 till date and the move by the defendants to conduct a clandestine sale of the company at the detriment of the plaintiffs.

    Ibrahim stated that “in 2015, the first, second and fifth defendants took several loans from 13 Nigerian banks with a view to expanding and boosting their telecommunication business, but that the money was not properly utilised, leading to heavy indebtedness on the first, second and fifth defendants.”

    He added that, owing to the resultant heavy indebtedness, the first and second defendants “rebranded the fifth defendant (Etisalat) and changed its name to 9mobile with a view to selling it off and obtaining money to pay its numerous debts.

    “The first, second, third and fifth defendants have failed to declare dividends on the shares of the plaintiffs since 2009 till date.

    “The first, second, third and fifth  defendants have completed arrangement to sell the rebranded 9mobile to Smile Com and Glo Network without the knowledge of the plaintiffs, who are its major investors.

    “If not restrained, the first, second, third and fifth  defendants will sell Etisalat International (also known as 9mobile) and disappear with the plaintiffs’ investment,” Ibrahim said.

  • Offa robbery: Hotelier, staff charged to court

    Proprietor and staff of the hotel where suspected Offa, Kwara state bank robbers lodged before launching their attack have been charged to court.

    The accused were arraigned before an magistrate court in Ilorin, for alleged conspiracy over the criminal act of the robbers.

    Staffers of the hotel arraigned are the accountant, a receptionist, a room keeper and a club house operator

    Also arraigned are four lodgers at the time the suspected robbers also lodged there.

    All the accused including the four lodgers are of residential addresses of the town.

    They were arraigned on a 2-count charge of criminal conspiracy and causing disappearance of evidence and giving false information to screen an offender.

    The police who arraigned them said the offences contravened sections 97 and 167 of the Penal Code Law.

    The police said on April 6, a team of operatives on investigation into the armed robbery attack extend their investigation based on intelligent gathering to the hotel located along Igosun Road in Offa with the view of securing information that could assist discreet investigation into the crime.

    Read Also; Offa robbery: Police arrest seven suspects

    They said the hotel staff could not however satisfactorily give account of questionable lodgers in their hotel prior to the robbery incident by their failure to maintain or keep proper official lodgers register expected to be presented to the police and other law enforcement agencies on demand.

    “Others found in the hotel during the investigation failed to give credible information to the police operatives to assist in the investigation concerning their observation in the hotel within the period in question,” says the Police First Information Report (FIR)

    The prosecutor, inspector David Wodi, told the court that investigation into the case was yet to be completed.

    The defence counsel, Joshua Ijaodola prayed the court to admit the accused to bail pending the outcome of the investigation as he submitted that the nation’s constitution presumed the accused innocent until the contrary is proved

    The prosecutor did not oppose the application for bail as he left the bail to the discretion of the court.

    The Magistrate, Mrs M.B. Folorunso admitted the accused to a sum of N200,000 bail each and two sureties in like sum.
    She then adjourned the case till May 3rd, this year for further mention.

  • Court affirms Adetimehin as Ondo APC chair

    •’We are justified by the verdict’

    A Federal High Court in Akure yesterday struck out a suit challenging Ade Adetimehin as the Ondo State Chairman of All Progressives Congress (APC).

    It refused to reinstate ex-Chairman Isaac Kekemeke.

    The suit was filed by Olugburo Akinola, on behalf of the former Vice Chairman of the party, Gboyega Adedipe and ex-Legal Adviser Desmond Adejumola.

    The court agreed with Charles Titiloye, counsel to APC and the defendants that it lacked jurisdiction to hear the suit.

    It upheld the seven grounds of preliminary objection filed by Titiloye that issues raised by the plaintiffs were matters within the internal affairs of APC and the internal means of resolution.

    The court said: “The plaintiffs are the real violators of APC constitution, having failed to first exhaust means of resolving their grievances as provided for by the party’s constitution before bringing the action before the Federal High Court.”

    Adedipe and Adejumola were adjudged by the court as meddlesome interlopers, who lacked the locus standi to challenge the removal of Kekemeke without joining him in the suit as a necessary party.

    The court agreed with Titiloye that the matter was too contentious to be started by originating motion; rather, the plaintiffs ought to have filed the suit through a writ of summons.

    It contended that there was no registered party in Nigeria by the name ‘APC Ondo State’, and struck out the name of the 4th defendant.

    The court ruled that the proper court to hear the case was the state High Court and joinder of the Independent National Electoral Commission (INEC), an agent of the Federal Government.

    “An ancillary relief in the suit will not confer jurisdiction on the Federal High Court to hear the case.”

    Justice F.A. Olubanjo struck out the case.

    Titiloye hailed the judgment, describing it as a reference point in administration of parties.

    He said it would increase the disciplinary power of parties over their members.

    Akinola said his clients would file a stay of execution and appeal the judgement.

    He said the judge refused to rule on the substantive suit that would have dealt with the issue at stake, stressing that his clients would not accept the verdict.

    APC said yesterday that the verdict of the court justified the fairness of the national leadership.

    The party, in a statement by its Director of Media & Publicity, Steve Otaloro, said Kekemeke was removed from office based on the allegations levelled against him by members, following his activities before and during the governorship election last year.

    It said: “Before the governorship election, the party machinery were against Kekemeke -the youth wing, women’s wing and elders’ forum. They passed a vote of no confidence in him, judging by the way he conducted himself before the primary election.

    “Members were angered by his conduct, which they described as being biased. They accused him of supporting a particular aspirant, using the party machinery against other aspirants.

    “No doubt, he has a right to support an aspirant, but using the party machinery as the chairman to do so to the detriment of others was where he erred.

    “He was also alleged to have worked against APC during the governorship election.

    “This protest prompted the setting up of a three-man fact-finding committee headed by Abayomi Adesanya. Kekemeke turned down the invitation of the committee during investigation. Having found him guilty, the committee recommended his removal in its report submitted to the National Working Committee.

    “However, the national leadership asked Kekemeke to step aside, pending when it would analyse the findings of the committee. It, therefore, appointed Adetimehin, who was the deputy of Kekemeke, to step into the office of the chairman in an acting capacity.

    “Rather than allowing the committee to conclude its investigation, Kekemeke headed for the court, using his cronies, Gboyega Adedipe and Desmond Adejumola, as a decoy to upturn the decision of the national leadership.

    “It is unfortunate that it is the court that pointed out to Kekemeke and his cohorts that they are “the real violators of APC constitution, having failed to first exhaust means of resolving their grievances as provided for by the APC constitution.

    “It is important to reiterate that Governor Akeredolu has called on members, who went on sabbatical leave, to return to the party, despite the obvious anti-party roles they played, particularly during the governorship election.

    “Many of these category of members have returned to our party without any rancour.

    “To prove that Governor Akeredolu was not out to witch-hunt anyone, he was instrumental to the return of Mr. Olusola Oke, a lawyer, who defected to Alliance for Democracy (AD) and contested as its governorship candidate.”

    The statement said the party was still open to all, particularly members outside for one reason or another.

  • Wife to court: my husband beats me daily

    A middle age woman, Mrs Grace Okunwa, yesterday told a Customary Court sitting in Agege that her husbands, Macaulay Okunwa, beats her every day.

    Grace spoke while reacting to the petition filed against her by her husband seeking dissolution of their marriage.

    Grace, who also urged the court to dissolve her marriage to Macaulay for alleged domestic violence, told the court that she was fed up with the respondent’s attitude towards her.

    “My husband is adulterous, not trustworthy and dangerous; he beats me at every slight opportunity, even in front of our children and neighbours to the extent that I got injured on my legs My husband deceived me. He is dating one Theresa who lives not too far from our house but keeps denying it,” she said.

    Grace also raided her shop and destroyed expensive goods.

    “I want peace and l don’t want any problem in my life,” she said.

    She urged the court to end the marriage as she was no longer in love with him.

    The petitioner was absent in court.

    Grace said she moved out of their matrimonial home with three of her grown up children.

    The President of the court, Ibironke Elabor, adjourned the case till May 15.

     

  • Man jailed for presenting fake marriage certificate for UK visa

    An Ikeja Special Offences court has sentenced a man, Kolawole Whesu Viyon to two years imprisonment for presenting a fake marriage certificate to facilitate United Kingdom (UK) travel visa.

    Viyon was arraigned on a three count charge, preferred against him by the Independent Corrupt Practices and Related Offences Commission (ICPC), before Justice Mojisola Dada.

    The offences bordered on “making of false statement, making statement intended to mislead and making statement which is untrue in any material” contrary to Sections 25 (1)(a) and punishable under Sections 25(1)(b).

    The defendant pleaded guilty to the three count charge preferred against him by the ICPC.

    He also pleaded for leniency with the court.

    During trial, ICPC prosecutor, Mr Gogodaye West had told the court that Viyon on December 13, 2016 made a false statement that one Olaronke Akerele, now at large, is his third legally married wife when he knew no such marriage existed between them.

    West stated further that on same day made a statement intended to mislead when he asserted that the marriage ceremony between him and Olaronke Akerele was officiated by an Imam and contracted under Islamic law.

    Viyon, he said, claimed that the marriage was evidenced by Certificate of Marriage with no JUN/LB/0000064 and dated 9/1/2016 issued by the Jama-at-ul-Islamiyya of Nigeria.

    He said the defendant knew the information was untrue and intended to mislead as no such marriage was contracted by the Jama-at-ul-Islamiyya between them.

    West had further told the court that the defendant admitted to having personally signed the said marriage certificate which he evidenced to have been issued by the Jama-at-ul-Islamiyya at no 109, Tokunboh Street, Lagos Island.

    Delivering judgment in the matter, Justice Dada noted the guilty plea of the defendant, the fact that he did not waste the time of the court and sentenced him as charged.

  • Two in court for alleged robbery, cultism

    Two applicants, Friday Iro, 22 and Daniel Emezemu, 28, were at the weekend arraigned in an Ikeja Chief Magistrates’ Court, Lagos, on charges on alleged robbery with a knife and belonging to a cult.

    Iro and Emezemu, who live in Oshodi, Lagos, are being tried for alleged conspiracy, belonging to unlawful society and robbery.

    The prosecutor, Clifford Ogu, had told the court that the offences were committed on March 28, at Ladipo Market, Mushin, Lagos.

    He alleged that the accused belonged to a secret society called “Arobanga confraternity”, which disturbed residents of Oshodi, Mushin and their environs.

    “The accused robbed Hammed Abdullah of his N13,000 at ‘knife-point,’ but they were later caught when they wanted to rob another person,” Ogu alleged.

    He said a call was put across to the police that angry youths wanted to burn suspected thieves and the police came to the scene.

    The offences contravene sections 40, 297 and 411 of the Criminal Law of Lagos, 2015.

    Chief Magistrate J. A. Adegun granted bail to the accused at N200,000 each, with two sureties each.

    He adjourned the case till April 18 for mention.

  • Court remands two for ‘defilement’

    Two persons were at the weekend remanded in Ilesa prison custody by an Osogbo Chief Magistrates’ Court in Osun State for alleged defilement of a 14-year-old girl.

    The defendants, Laide Ajani, 55 and Kehinde Sippei, 65, are facing a four-count charge of alleged conspiracy, assault and rape.

    The Magistrate, Mr. Adesegun Ayilara, had ordered the defendants to be kept in prison custody due to the magnitude of the offence.

    Prosecutor Joshua Oladoye told the court that the duo allegedly committed the offence on December 8 last year in Olu-Ode, Osogbo.

    He alleged that the defendants had unlawful carnal knowledge of the girl several times before they were caught in the act.

    Oladoye said the offence contravened sections 221 and 360 of the Criminal Code Cap 34 Vol. 11 Laws of Osun, 2003.

    The first defendant pleaded not guilty, while the other pleaded guilty.

    They had no legal representation.

    The magistrate ordered a bail application for the defendant, who pleaded not guilty and ordered for the facts of the case against the defendant who pleaded guilty for sentencing on the next date of adjournment on May 16.

  • Court remands two for alleged defilement of teenager

    Two persons were at the weekend remanded in Ilesa prison custody by an Osogbo Chief Magistrates’ Court in Osun State for alleged defilement of a 14-year-old girl.

    The defendants, Laide Ajani, 55 and Kehinde Sippei, 65, are facing a four-count charge of alleged conspiracy, assault and rape.

    The Magistrate, Mr. Adesegun Ayilara, had ordered the defendants to be kept in prison custody due to the magnitude of the offence.

    Prosecutor Joshua Oladoye told the court that the duo allegedly committed the offence on December 8 last year in Olu-Ode, Osogbo.

    He alleged that the defendants had unlawful carnal knowledge of the girl several times before they were caught in the act.

    Oladoye said the offence contravened sections 221 and 360 of the Criminal Code Cap 34 Vol. 11 Laws of Osun, 2003.

    The first defendant pleaded not guilty, while the other pleaded guilty.

    They had no legal representation.

    The magistrate ordered a bail application for the defendant, who pleaded not guilty and ordered for the facts of the case against the defendant who pleaded guilty for sentencing on the next date of adjournment on May 16.

  • Two men remanded over rape of 14-year-old girl

    Two persons were on Friday remanded in Ilesa prison custody by an Osogbo Chief Magistrates ‘ Court, over alleged rape of a 14-year-old girl.

    The defendants Laide Ajani, 55, and Kehinde Sippei, 65, are both facing a four -count charge of conspiracy, assault and rape.

    The Magistrate, Mr Adesegun Ayilara, had ordered the defendants to be kept in prison custody due to the magnitude of the offence committed.

    The Prosecutor, Insp. Joshua Oladoye, had told the court that the duo committed the offence in Dec. 8, 2017, at Olu-Ode area, Osogbo.

    Oladoye said that the defendants had unlawful carnal knowledge of the girl, whose name was withheld, at several occasions before they were caught in the act.

    Read Also: Man gets six months for stealing

    He said the offence contravened sections 221 and 360 of the criminal code cap34vol. 11 laws of Osun, 20003.

    The first defendant pleaded not guilty while the other pleaded guilty to the charges against them.

    The defendants had no legal representation when their case was called.

    The Magistrate, however, ordered for a formal bail application for the defendant who pleaded not guilty and ordered for the facts of the case against the defendant who pleaded guilty for sentencing on the next date of adjournment on May 16.