The Nation Newspaper

Tag: Court

  • IPOB: Court fixes May 21 to rule on bail application filed by member

    The Federal High Court, Abuja on Friday fixed May 21 to rule on the bail application filed by Bright Chimezie, the first defendant, in the ongoing trial of four members of the Indigenous People of Biafra, (IPOB).

    The trial judge, Justice Binta Nyako, fixed the date after taking arguments from Chimezie’s counsel, Mr Chukwudi Igwe and counsel to the Federal Government, Mr Collins Aromosele.

    Igwe asked the court to grant his client bail on the grounds that he had overstayed in detention without trial, adding that his client had already been granted bail by an Uyo Federal High which the Federal Government disregarded.

    He maintained that his client was eager to see how the prosecution would prove their case against him and to this effect, granting him bail would not jeopardise the trial in anyway.

    He said that his client would not temper with the case and would attend court to defend the charge against him.

    Aromosele opposed the bail application, and urged the court to dismiss it.

    Counsel to the second to fourth defendants, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, also argued the bail applications on behalf of their clients.

    Mr Eric Ifere, counsel to Onwudiwe prayed the court to grant his client bail on the grounds that the constitution provided that accused should be granted bail if trial did not commence within two months.

    “The defendant has been in detention for close to two years and except where Section 162 is applicable, which passes the onus to the prosecution to prove that if granted bail, the defendant will temper with justice.

    “They are also to prove that the defendant will jump bail and not attend court and they can only prove this with evidence placed before the court.”

    Mr P. Ejiofor, counsel to Madubugwu, on his part, prayed the court to grant his client bail on health grounds.

    He further prayed the court to grant his client bail on the grounds that he had stayed long in detention, adding that there was no objection to the application for bail.

    “One of the reasons we want the court to consider is the health of the defendant whose medical records are before the court and medical experts have recommended that he needs further medical care beyond the walls of the prison.

    “Also, the time he has spent in detention is almost equal to the amount of time stipulated as punishment for one convicted of the crime he is charged for.”

    The prosecuting counsel, however, asked the court for time to enable him respond to the bail application of the second to fourth defendants.

    The defence team had also hinted the court that they had an application challenging the competence of the charges against the defendants.

    Justice Nyako adjourned the matter until May 21 to rule on the bail application of Chimezie and to allow the prosecution respond to applications of the second to fourth defendants.

    The Federal Government on March 20, re-arraigned Chimezie, Onwudiwe, Madubugwu and Nwawuisi, on an amended three-count charge.

    Their re-arraignment was sequel to the severance of their trial from that of Nnamdi Kanu, whose whereabouts had been unknown since September, 2017.

    They are standing trial for charges bordering on conspiracy to commit treasonable felony, improper importation of goods and illegal possession of firearms.

  • Court dismisses SAN’s, ex-minister’s no-case submissions in money laundering charge

    •I’ll consult my counsel for necessary action, says Suleiman

    THE Federal High Court in Lagos yesterday dismissed a no-case submission made by a Senior Advocate of Nigeria (SAN), Mr. Dele Belgore, in a money laundering charge brought against him and a former National Planning Minister Prof. Abubakar Suleiman.

    Justice Rilwan Aikawa held that they had a case to answer.

    He directed them to open their defence.

    The Economic and Financial Crimes Commission (EFCC) accused them of money laundering.

    They were accused of allegedly receiving the sum of N450 million on March 27, 2015 out of the $115,010,000 paid by a former Minister of Petroleum Resources, Diezani Alison-Madueke, to compromise the 2015 general election.

    Former Petroleum Resources Minister Mrs. Diezani Alison-Madueke is also named in the charge. EFCC said she “is at large”.

    Belgore and Suleiman, through their counsel, Mr. Ebun Shofunde and Tunji Ayanlaja, both SANs, said the prosecution did not make out a prima facie case against them.

    Suleiman aligned himself with Belgore’s no-case submission, urging the court to discharge and acquit them.

    But EFCC counsel Rotimi Oyedepo urged the court to dismiss the no-case submission.

    Ruling, Justice Aikawa upheld the prosecution’s arguments, agreeing that a prima-facie case had been made out against the defendants.

    “Consequently, I hereby overrule the no-case submission made by the learned senior advocate. The first and second defendants may, therefore, wish to enter their defence,” he held.

    After the ruling, defence counsel Seni Adio (SAN), who stood in for Shofunde, said he had a pending application dated January 16 in which Belgore is praying the court to order the EFCC to produce all the statements he made.

    But Oyedepo argued that the prosecution tendered all the statements Belgore made and had closed its case.

    Justice Aikawa then directed Oyedepo to file a formal objection to the application to produce the additional statements.

    He adjourned for hearing of the application.

    They pleaded not guilty.

    Justice Rilwan Aikawa adjourned until April 30 for hearing.

     

     

  • Court refuses to stop senator’s suspension

    A Federal High Court in Abuja yesterday rejected the request by Senator Ovie Omo-Agege to stop his suspension by the Senate.

    Justice Nnamdi Dimgba, in an ex-parter ruling on April 11, a copy of which The Nation sighted yesterday, declined the Senator’s prayer to  order parties to maintain status quo by suspending all actions concerning the issues raised in the suit.

    On getting wind of his impending suspension, Omo-Agege on April 3 filed the ex-parte application seeking among others,,an order that “all further proceedings against the plaintiff (the senator) in respect of the allegations referred to the 1st defendant’s (Senate’s) Committee for Ethics, Privileges and Public Petition” be halted pending the hearing and determination of his main suit.

    He asked the court to order parties to the main suit earlier filed on March 26, 2018 “not to consider, act on or give effect to any recommendation, resolution or decision of the 1st respondent’s (Senate’s) committee for Ethics, Privileges and Public Petition”.

    Listed as defendants are the Senate, its President, Bukola Saraki, and the Attorney-General of the Federation,  Abubakar Malami (SAN).

    Omo-Agege’s lawyer, E.R. Emukpoeuo while moving the ex parte application, prayed the court to grant the order directing parties to maintain status quo.

    But, in his ruling, Justice Dimgba said he could not grant such orders without hearing from the defendants “in the interest of maintaining the balance of power between the judicial and the legislative organs of government.”

    Justice Dimgba ordered that the defendants be served with processes in the suit to enable them respond to issues raised in Omo-Agage’s application.

    The judge siad: “It is hereby ordered as follows

    “That in the interest of maintaining the balance of power between the judicial and the legislative organs of government, I am not minded to granting the reliefs sought for now without hearing from the defendants.

    “That the defendants shall be put on notice to appear before me to explain why the interim preservatory order sought should not be granted.

    “That this matter shall be accorded an accelerated hearing.”

    Justice Dimgba adjourned to today for hearing.

  • Urhobo group heads for court to secure seat

    A group of Urhobo political stakeholders has approached a Federal High Court in Abuja to stop the suspension of Senator Ovie Omo-Agege by the Senate.

    The plaintiffs enjoined Senator Omo-Agege not to appear before any committee of the Senate to defend himself. Others joined as defendants are Senate President Bukola Saraki, Deputy Senate President Ike Ekweremadu, the Senate, Clerk of the Senate, the Department of State Services, the Attorney General of the Federation, Inspector General of Police and Senator Omo-Agege.

    The plaintiffs are Chief Alfred Okaka, Mr. Chris Agaga, Mr. Kingsley Okrikpo, Hon. Harrison Akpojarho, Manny Edu, Lyndon Ugbome, Moses Adegor and Godspower Emowhomuere.

    In their affidavit of claim, they aver that the Urhobo ethnic group domiciled in Delta Central Senatorial District “is entitled as a right to be represented at all times by an elected senator like other senators of the Federal Republic of Nigeria, to protect the interests of the Senatorial District and its constituents, in the day to day legislative functions of the Senate.”

    They are also seeking a declaration “that the rights of the people of Delta Central Senatorial District to an unfettered representation in the legislative business of the Senate by Senator Ovie Omo-Agege constitutionally guaranteed for a tenure of four years cannot be abridged, diminuted, suspended, abrogated and or vitiated, except as stipulated by the 1999 Constitution (as amended.)

    They also seeking a declaration that “under the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the plaintiffs’ elected senator (Senator Ovie Omo-Agege), representing Delta Central Senatorial District cannot be made to vacate office otherwise than as provided for by sections 68 and 69 of the 1999 Constitution (as amended).

    –     A declaration that the Senate of the Federal Republic of Nigeria, has no power under the 1999 Constitution as amended to suspend from office any Senator, and in particular, the 8th Defendant representing the Plaintiffs and other constituents of Delta Central Senatorial District in the Senate.

    The constituents are asking the court to determine whether the plaintiffs and other constituents of Delta Central Senatorial District of Delta State are entitled to unfettered representation by an elected representative in the upper legislative House of the National Assembly.

    They are also asking the court to determine whether by the provisions of the 1999 Constitution as amended whether a senator can be removed from or made to vacate his seat by way of suspension from office.

  • Court remands couple for alleged First Bank cheque forgery

    An Ikeja Magistrates’ Court in Lagos yesterday remanded a cohabiting couple, Patrick Nana, 35 and Ifeoma Alexander, 39, who allegedly forged a First Bank cheque with intent to withdraw N98, 000.

    Chief Magistrate Mrs. O .I. Raji granted the accused bail at N150, 000 each with two sureties.

    She said the sureties should be employed with an evidence of two years’ tax payment to the Lagos State government.

    “The accused should remain at Kirikiri Prisons pending when the bail conditions will be met,” Raji said.

    The accused, living at 31, Unity Estate, Giwa, Oke-Aro, Lagos are facing a five-count charge on conspiracy, forgery, fraud and false pretences.

    The prosecutor, Rachael Williams, said the accused committed the offences on March 23 at First Bank, Iju Road, Lagos.

    She said the accused with others at large, conspired to commit felony by stealing one slip of First Bank cheque, with an account name, Soluade Olawale .

    “The accused fraudulently procured the execution of valuable security to withdraw N98, 000 from the account of Soluade Olawale,” the prosecutor said.

    The duo pleaded not guilty.

    The offences contravene sections 314, 322, 329, 365 and 411 of the Criminal Law of Lagos State, 2015 (Revised).

    The magistrate adjourned the case till April 19.

     

  • Man, 50, son, 16 arraigned for defiling minor in Edo

    A 50-year old man, Reuben Enosegbe and his son Destiny aged 16, have been arraigned at the Evboriaria Magistrate Court for allegedly defiling a 10-year old girl.

    They were said to have separately gave their victim the sum of N20 each time they have sex with her.

    The victim who was present in court told reporters how both the accused persons had carnal knowledge of her at different occasions.

    She. Said she was always tempted with N20 during the countless times they defiled her and that they always sent her to buy recharge card for them just to lure her into their house.

    Both father and son were charged on a one count-charge each bothering of forceful penetration.

    They however pleaded not guilty to the charges.

    The offence is punishable under section 218 of the criminal code cap 48 Volume 2 laws of the defunct Bendel State of Nigeria 1976 as applicable in Edo State.

    Defense Counsel, Barrister Nicholas Omobude, applied for his clients to be granted their bail since they were innocent of the crime until proven otherwise.

    Omobude promised that the accused persons would not jump bail.

    But presiding Magistrate, Efe Akhere said the matter would not be tried in his court.

    He transfered the case to a family court where the accused persons’ bail will be considered upon resumption on Wednesday April 21, 2018.

    Magistrate Akhere remanded the father to Oko Prison while his son was remanded to the Children’s Remand Home at Ugbekun Quarters.

    Coordinator of the Child Protection Network, Mrs. Jennifer Ero assured that the cases would be pursued to logical conclusion.

  • 22 houses: Court fixes April 26 for Ekweremadu’s suit

    The Federal High Court, Abuja on Tuesday fixed April 26 to hear a suit filed by Deputy Senate President Ike Ekweremadu seeking to be heard in a suit seeking temporary forfeiture of 22 of his houses to the Federal

    Government.

    The Federal Government had on March 21 filed an ex parte motion,  seeking an interim order for the temporary forfeiture of some of Ekweremadu’s assets it claimed were undeclared.

    Mr Festus Keyamo, (SAN), filed the ex parte application on behalf of the Special Presidential Investigation Panel for the Recovery of Public Property.

    When the matter came up on Tuesday, Mr Adegboyega Awomolo, (SAN), counsel to Ekweremadu told the court that he filed two applications on March 26.

    He said the first application was praying the court for leave to be heard in the motion ex parte adding that he had filed a counter affidavit to depositions countained in the application.

    He said the second application was praying the court to decline jurisdiction and exercise of judicial power, and consequently strike out or dismiss the motion.

    This, Awomolo said was on the grounds that the panel was unknown to law.

    “The body that brought that motion ex parte does not exist in law. We are challenging the constitutionality of its existence” Awomolo said.

    In opposition to Ekweremadu’s application seeking to be heard, the Federal Government stated that all it was currently seeking was to obtain an order of court stopping Ekweremadu from dissipating the assets in question whilst investigation was ongoing.

    Mr Bala Dakum, counsel to the government claimed that it was not seeking to permanently deprive Ekweremadu of the use of his properties.

    He alleged that the application of Ekweremadu was a delay tactic to frustrate the suit adding that there were reports that Ekweremadu was already selling off the assets in question.

    According to him, without an order attaching/forfeiting the said properties, the likelihood of the frustration of investigations as well as the dissipation of the said properties was very high.

    He further told the court that the matter was of utmost public interest and concern, and that an order of court would enable the government to carry out a thorough investigation into the matter.

    The trial judge, Justice Binta Nyako, adjourned the matter until April 26 for hearing.

  • Court okays sack of ex-NTA official

    The National Industrial Court, Abuja, yesterday, ruled that the sack of Obba Obiechina from Nigeria Nuclear Regulatory Authority (NNRA) was lawful.

    Obiechina was dismissed from NNRA, when it was discovered that he drew salaries from NNRA and the Nigeria Television Authority (NTA) simultaneously for two months.

    Justice Rakiya Haastrup, in her judgment, said the issues for determination by the court were:

    “Whether the dismissal of the claimant’s appointment was unlawful.

    “Whether the claimant could take up a permanent and pensionable employment with another government agency at the same time.

    “Whether the claimant is entitled to the reliefs sought?”

    She said the evidence before the court showed that the claimant’s retirement from NTA took effect from September 5, 2008.

    Justice Haastrup noted that the claimant assumed duty at the NNRA on July 9, 2008, while his retirement benefits were being processed, and his employment with the NTA was subsisting.

    She said the claimant’s action was unlawful, and contravened the Public Service Rule.

    The judge said this deceit had made termination of his appointment lawful, as due steps were taken by the defendant before his sack.

    The court, therefore, dismissed the suit and reliefs sought by the claimant.

    Obiechina had urged the court to declare his sack unlawful, reinstate him and award him N500,000 damages.

    The claimant joined the Ministry of Petroleum Resources as co-respondent.

  • Ondo governorship: Akeredolu, Abraham return to court

    Bearing in the suit by the All Progressives Congress (APC) governorship aspirant Dr. Segun Abraham against Governor Rotimi Akeredolu (SAN) will begin at the Federal High Court sitting in Abuja, the Federal Capital Territory (FCT), on April 18.

    Abraham is challenging the emergence of the governor as the APC flag bearer for the 2016 poll and urging the court to declare him winner of the primary.

    The notice was served on concerned parties by the court presided over by Justice Nnamidi Dimgba in Abuja.

    The commencement of the suit followed the verdict of the Supreme Court that Akeredolu’s appeal was without merit and could not stop the case from being heard at the High Court.

    Abraham had approached the court to be declared the winner of the APC primary and subsequently sworn in to replace Akeredolu.

     

  • Court restrains EFCC, others from arresting lottery operators

    The Federal High Court in Lagos yesterday restrained the Police, the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS) from arresting lottery operators or disrupting their businesses for allegedly operating without their state licences.

    Justice Mohammed Idris held that it would be illegal to shut down lottery business on the basis that they have not obtained additional licenses to operate after being licensed by the National Lottery Regulatory Commission (NLRC).

    The plaintiffs, Western Lotto Nigeria Ltd and Wesco Pools & Lottery Ltd, had prayed the court to determine whether in view of subsisting and binding judgments of the court, the defendants can close down their businesses for not obtaining licenses from the states despite having been granted nationwide permits/licences by NLRC.

    They sued the attorneys-general of Lagos and Ogun states; the Lagos State Lottery Board, the Ogun State Internal Revenue Service, Inspector General of Police, commissioners of Police in Lagos and Ogun, the EFCC and the DSS.

    In his judgment, Justice Idris dismissed the defendants’ objections and granted the two prayers in the plaintiffs’ originating summons.

    He made “a declaration that the defendants or any combination of them may not take any steps whatsoever whether by closure, arrests, detentions, sealing off, or howsoever designed, to disrupt, close down or otherwise impede the lottery business of the plaintiffs.”

    The judge held that having been granted national permits, the defendants cannot close down such businesses “for reason that the plaintiffs have not obtained additional license to operate their lottery business..”

    Justice Idris granted an order restraining the defendants or their agents from disrupting the plaintiffs’ business in any manner having been given national licenses pursuant to the National Lottery Act of 2005.

    The plaintiffs, in a supporting affidavit, said a tussle over supremacy between the states and the NLRC was resolved by two earlier judgments of the Federal High Court in Abuja.

    “Both decisions were arrived at on the basis that the National Lottery Act had covered the field and the states’ legislation on the same subject must give way,” the plaintiffs said.

     

     

     

    According to them, despite the judgments, the defendants had been “threatening” to use the Police, DSS and EFCC “to carry out raids on the business premises of the plaintiffs in Lagos and Ogun states and take other action designed to disrupt their lottery business”.