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Tag: Court

  • Court orders arrest of two NSCDC officials

    A Chief Magistrates’ Court 4 in Minna, Niger State, has ordered the arrest of two officials of the Nigeria Security and Civil Defence Corps (NSCDC) for contempt of court.

    Magistrate Paul Adama ordered the State Security Service (SSS) to bring the accused to court in the next adjourned date.

    He gave the order after several attempts and letters written to the NSCDC, through their lawyer, to produce the accused in court to answer charges brought against them.

    Adama, who described the incident as unfortunate and beyond comprehension, flayed the NSCDC Commandant for not ensuring that the court order is obeyed.

    “…the Director of DSS, Niger State Command, is hereby ordered to arrest the accused person and produce them before the court by the next adjourned date since the NSCDC Commandant in Niger state has failed in doing so.”

    The Nation gathered that the complainants, Suleiman Makusidi and Inspector Abdullahi Maiyaki, accused ASC I A.A Agbolla, a Provost, and ASC 1 Ene Ameh Rose, with 13 others, of assaulting them when they visited their office to solicit for the release of a suspect.

    According to Inspector Maiyaki, the officers seized his identity card, beat them up and placed them in a cell, despite the fact that the complaint had withdrawn the case.

    “The suspect have been in their custody over a minor issue, which the complainant had pulled out, and written a withdrawal note that all he wants is that the suspect writes an undertaking that he will not do such again.

    “We were surprised that when we got there, we begged them and Agbolla and his other officers descended on us, beating us black and blue.”

    It was gathered that the case is currently in the third Court and having the fourth Judge as efforts to make the accuser honour the court order have been unsuccessful.

     

  • Court strikes out case against Inter Continental Hotels

    •Milan Group takes over management

    Milan Industries Limited, owners of Intercontinental Hotels in Lagos, has taken over the management of the five-star hotel.

    This followed the ruling of a Federal High Court, which struck out the receivership suit filed against the company by a creditor bank.

    A statement yesterday by Dodco Services Limited/Company Secretary said: “We wish to further state that the receivership action instituted by Skye Bank Plc against Milan Industries Limited was struck out on March 20 by Justice Babs Kuewumi of the Federal High Court, sitting at Ikoyi, Lagos.

    “The implication of the order of the court striking out the above action is that the interim order of March 14, last year, by which Mr. Kunle Ogunba was managing Intercontinental Hotels as receiver/manager is automatically discharged.

    “Again, upon the delivery of the ruling of the court on March 20, Milan Industries Limited immediately took possession of the hotels as well as the management of the hotels on the day at 4 p.m. Consequently, we hereby notify the public, our suppliers and esteemed customers to desist from transacting any business whatsoever with Mr. Ogunba, as anybody who transacts any business with him in relation to the hotel does so at his or her own peril.”

    Delivering ruling on the matter, Justice Kuewumi said: “I hold that this suit was not properly commenced. Having thus found, it is no longer necessary to consider the applicant’s third application as well as the plaintiff’s application for interlocutory injunction, which are now academic, as one cannot put something on nothing and expect it to stand.

    “In the circumstance, this suit is hereby struck out for not being properly commenced.”

     

  • Court dismisses suit to sack Bello

    A Federal High Court in Abuja yesterday dismissed a suit seeking to sack Kogi State Governor Yahaya Bello.

    The suit was filed by Michael Elokun, Ibrahim Sule and Mrs. Hawa Audi, who described themselves as electorate.

    In a judgment yesterday, Justice John Tsoho upheld Bello’s objection (who was sued as the first defendant), to the effect that the plaintiffs had no locus standi to institute the suit.

    He added that the plaintiffs could not challenge the right of the second defendant (All Progressives Congress) to substitute/nominate the first defendant as its flag bearer in place of a dead governorship candidate in the 2015 Kogi governorship election.

    He said such decision was the sole prerogative of the second defendant and as such, could not form a basis for any legal dispute between the plaintiffs and defendants.

    Justice Tsoho noted that the plaintiffs were neither members of the APC nor aspirants in the primaries which produced Bello as the APC’s flag-bearer in the governorship election.

    He agreed with the first defendant that the plaintiffs were not the only electorate in Kogi State.

    Justice Tsoho held that the subject-matter of the suit was not within the jurisdiction of the court, as it was not a pre-election matter. He held further that the court lacked jurisdiction to adjudicate on matters outside the purview of Section 251 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    The judge said the subject matter and reliefs sought by the plaintiffs were predicated on issues on which only an Election Tribunal could exercise jurisdiction pursuant to Section 285(2) of the Constitution.

    Justice Tsoho said the suit, as presently constituted, did not disclose any reasonable cause of action. He added that the suit was bound to fail because it was filed almost two years after Bello was sworn in as a democratically elected governor of Kogi state.

    Other defendants in the suit were the Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF).

  • Court dismisses lawyer’s N200m suit against Lekki residents

    A Lagos State High Court has dismissed a suit by a lawyer Mr Fredrick Chinedu Anaje, who claimed that he was denied access to a road on the Island.

    Justice Wasiu Animahun dismissed the suit on the ground that the applicant’s rights were not violated.

    Anaje sued residents of Peninsula Garden Estate in Lekki, Eti Osa Local Government Area, alleging that they erected a wall barricade on Ogombo Road without approval from the state government.

    He sought a declaration that preventing him from using the road by erecting the wall was unconstitutional and amounted to a violation of his right to freedom of movement guaranteed by Section 41 (1) of the 1999 Constitution.

    The applicant prayed the court to declare that the respondents’ act of “forcefully and maliciously” subjecting him to use an unsafe, bushy and impassable road was unlawful and amounted to “degrading and inhuman treatment”.

    He asked for an order of perpetual injunction restraining the respondents or their agents from taking any step that would infringe on his rights to movement and personal dignity.

    Anaje sought N200million in general damages against the respondents for violating his rights, as well costs of the action “on a full indemnity basis”.

    Mr Sulyman Bello, Olu Adewusi, Dr Maureen Igwe, Nicholas Adesina, Abiodun Ekeade, Funmilayo Ekeade and Femab Properties Ltd are the respondents.

    Anaje said he lives on a street in Ogombo town and that he uses the Ogombo Road, which he said was for the public, to access the Lekki-Epe Expressway.

    According to him, despite being issued with contravention notices by the state, the respondents restricted the residents’ access to the road by building the wall, thereby forcing them to use an unsafe, bushy and impassable road.

    But, the respondents, in a counter affidavit sworn to by Adesina, said Femab Properties bought the large expanse of land on which the estate and the road in dispute are.

    He said the government later confirmed that the two roads leading to the estate were private, and that it advised other residents in the neighborhood to take steps to make other access roads motorable.

    The respondents, through their lawyer Adebayo Adesola, argued that although contravention notices were issued, the wall was not demolished, which supports their claim that the government admitted that the wall was on a private road.

    Justice Animahun noted that Section 34 of the 1999 Constitution provides that every individual is entitled to respect for the dignity of his person and shall not be subjected to torture, inhuman or degrading treatment.

    To the judge, Anaje’s case is that the road’s blockage indirectly made him to commute through a road that was not motorable, which the lawyer felt constituted inhuman and degrading treatment.

    “What the case reveals is that the applicant would not have complained of infringement of Section 34 of the Constitution if the other access road is motorable. It follows that infringement of the applicant’s right arose from the deplorable state of the road.

    “It is my view that this head of claim is only maintainable against whoever made the road to be in deplorable condition,” the judge held.

    The judge, after discussing what fundamental human rights entail, said he could not hold that a citizen has a fundamental right to use good roads.

    “The conditions of roads vary. In some areas good roads are a necessity. In some, they are a luxury. In some other locations, motorable roads are not required. An example is the riverine areas.

    “In other words, the right to a good road may be recognised in law but it is certainly not an inalienable right. It does not qualify for litigation under Chapter IV of the Constitution.

    “It is a luxury in the class of economic, social and educational rights guaranteed in Sections 16, 17 and 18 of the Constitution and yet rendered unenforceable.

    “I, therefore, hold that the claims anchored on Section 34 of the Constitution are not well founded and, therefore, fail,” Justice Animahun held.

    The judge also dismissed Anaje’s claim that his right to freedom of movement under Section 41 of the Constitution was violated.

    “This appears easy. Once there is no confinement and there is an alternative route, there cannot be an infringement of freedom of movement,” he said.

    Citing the case of Adeyemo vs Akintola (2004) 12 NWLR (PT 887) 390, Justice Animahun added: “The above implies that restriction of movement will not arise where the applicant is at liberty to use alternative routes.

    “The restriction envisaged under Section 41 of the Constitution must be total. This is not the case here.

    “In view of the above, I hold that the fundamental rights of the applicant were not infringed.

    “The amended originating motion on notice dated 19/06/2017 therefore fails and is hereby dismissed.”

  • Court delivers judgment tomorrow on Isara Remo stool

    Justice A.A. Babawale of a Sagamu High Court in Ogun State will tomorrow deliver judgment in a suit filed by Prince Adetayo Odunsi challenging the nomination of Albert Mayungbe to the stool of Odemo of Isara-Remo.

    Co-defendants in the suit are Chief Wasiu Ekundayo who replaced the deceased head of the family, Prince Obafemi Awoyade, Secretary, Remo North Local Government; Oliwo of Isara, Chief Ajibowu Ogunfowodu; Apena of Isara, Chief Jimoh Soyombo; Chief Ladipo Ogunyemi; Ogbeni Odi of Isara, Chief Olajubu Osibote; Ekeji Asipa Odi, Chief Tunde Kalejaiye and Asipa Odi of Isara, Chief Owuye Logba.

    Others are Ekeji Asipa Odi of Isara, Chief Efuwape Sotikare; Olori Emo of Isara, Chief Bashiru Awoniyi; Ekeji Olori Emo of Isara, Chief Korede Ogunwole; Asipa Emo of Isara, Chief Nosiru Sodipe; Ekeji Asipa Emo, Chief Adewole Sopitan; Governor of Ogun State; Executive Council of Ogun State; Commissioner for Chieftaincy and Local Government and Attorney-General and Commissioner for Justice as second to 18th defendants respectively.

    At the last hearing, the parties adopted their final written addresses.

    The claimant was represented  by Mr Muyiwa Obanewa,  the first, sixth to tenth and fourteenth defendants were represented by Dr Victor Odunaiya while Principal State Counsel, Mrs O.O. Adejumo represented the fifteenth to eighteenth defendants.

    In the suit, Prince Odunsi , who claimed to be a direct descendant of the late Oba Oyemade Mayungbe and progenitor of Erinsiba-Ayoledoye Ruling House, averred that he is the one entitled to the stool of Odemo of Isara-Remo.

    Odunsi sought seven prayers and orders against the defendants including: “A declaration that the first defendant is not a member of the Erinsiba-Adyoledoye Ruling House and therefore, not qualified to contest for the stool;

    “That under native law and custom applicable in Isara and Remoland generally, an Odi (servant of the king) or any of his descendants is not qualified to contest for the stool of Odemo of Isara;

    “That the first defendant’s late grandfather and father, late Ogunsakin and Oyekunle Mayungbe were Odi to the late Oba Samuel Akinsanya and late Oba Adeboboye Osideinde, therefore, not qualified to aspire or to be considered for nomination to the stool”.

    He also sought an order of the court setting aside the February 21, 2011 nomination exercise of the Ruling House during which the first defendant emerged as one of the candidates for the Odemo of Isara chieftaincy, among others.

    The first defendant, Albert Mayungbe, insisted on being a “bonafide member and descendant of the Erinsiba/Ayoledoye Ruling House.

  • Court sentences apprentice to six months

    A Federal High Court in Lagos State has sentenced a 43-year-old man, Yinusa Ajibade, to six months’ imprisonment for trafficking in 700 grammes of Indian hemp.

    The convict, a mechanic apprentice, was arraigned by the National Drug Law Enforcement Agency (NDLEA) before Justice Hadiza Rabiu-Shagari, on a one count charge of dealing in restricted narcotics.

    He pleaded guilty.

    After his plea, the prosecutor, Mr. Jeremiah Aernan, reviewed the facts of the case.

    He tendered a confessional statement of the convict, a request for scientific aid form, a drug analysis form as well as remnants of the restricted substance as exhibits.

    Delivering judgment, Justice Shagari found the accused guilty and convicted him.

    “The convict is hereby sentenced to six months’ imprisonment, beginning from the date of his arrest,” the judge said.

    The prosecutor had told the court that the convict committed the offence on November 14, 2017.

    He said the convict was arrested at 46, Yetunde Brown Street, Ifako, in Lagos, with about 700g of Cannabis Sativa popularly called Indian hemp.

    Aernan said the offence contravened Section 11 (c) of the NDLEA Act, Cap. N30, Laws of the Federation, 2004.

    Before judgment, the convict had begged the court to temper justice with mercy and give him another chance to become a better person.

     

  • 40m scam: Court to determine Jonathan’s cousin’s, wife’s fate March 29

    A Federal High Court in Abuja has scheduled March 29 for ruling on the no-case submission made by former President Goodluck Jonathan’s cousin, Robert Azibaola, and his wife, Stella, in their trial.

    The couple is being tried with their company – One Plus Holdings Nigeria Limited – on a nine-count money laundering charge in which they were, among others, accused of receiving $40million contract from former National Security Adviser, NSA, Sambo Dasuki.

    Yesterday, defendants’ lawyer, Chris Uche (SAN), urged the court to dismiss the charge against his clients.

    He argued that the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), had failed to establish a prima-facie case capable of warranting the court to call the defendants to enter defence.

    Uche argued that the prosecution was unable to lead credibile evidence to establish a nexus between them and the alleged $40m contract scam.

    He contended that the prosecution’s oral and documentary evidence was manifestly unreliable to the extent that no reasonable court or tribunal could rely on them to make a conviction.

    In a counter argument, prosecution lawyer, F. A. Jibo, insisted that the defendants have a case to answer.

    Jibo said the prosecution had successfully made out a case that would warrant the defendants to be called upon to open their defence to the charge against them.

    According to Jibo, the proof of evidence before the court was sufficient to warrant an explanation from the defendants regarding individual roles they played in the alleged $40m contract scam.

    Trial judge, Justice Nnamdi Dimgba, after listening to arguments from lawyers to both sides, adjourned to March 29 for ruling.

  • Court remands suspect for allegedly defiling minor

    An FCT High Court in Jabi yesterday ordered that a 25-year-old man accused by the police of allegedly defiling a nine-year-old at an IDP camp in Karmajiji, Airport road, Abuja be remanded in Kuje prison.

    Justice Charles Agbaza gave the order after Ekemgba Chisom was arraigned before him on a three-count charge of criminal offence.

    The suspect pleaded not guilty.

    Justice Agbaza adjourned the case till May 2.

    The police prosecutor, Mr. Donatus Abah, told the court that the accused allegedly defiled the minor on November 9, 2017 at an IDP camp in Karmajiji, on Airport road.

    He said the offences were punishable under sections 1 (2) and 5(1) of the Violence Against Persons (Prohibition) Act, 2015.

    Abah said the offences were punishable under Section 285 of the Penal Code.

  • EFCC arraigns ex-INEC staff in court for alleged N731m fraud

    The Economic and Financial Crimes Commission (EFCC) yesterday arraigned two former staff of the Independent National Electoral Commission (INEC) in court for alleged misappropriation of N731 million.

    The two former staff Christian Nwosu and Tijani Nda Bashir were arraigned in an Ilorin state High Court.

    The commission accused the defendants on seven count charge which bordered on criminal breach of trust and theft.

    In charge number KWS/19c/2018, counsel to the EFCC Rotimi Oyedepo said that the offences were committed between 2013 and 2015 whilst the accused were in the employment of INEC in Kwara state.

    The charge reads: “That the defendants on the 27th of February, 2013 in Ilorin within the jurisdiction of the court whilst in the employment of INEC agreed amongst yourselves to carry out an illegal  acts in respect of sum of N731 million entrusted to you in your capacity as public officers contrary to the provisions of Section 97

    of the Penal Code; that the two of you on March 31st, 2014 agreed among yourselves to carry out acts of criminal breach of trust in respect of N77 million entrusted to you in your capacity as public officers; that on May 21st, 2014 while in the employment of INEC agreed to carry out illegal acts in respect of the sum of N9.6 million entrusted to you in your capacity as public officers and that you Tijani Nda Bashir on 31st March 2014 and March 4th, 2015 committed breach of trust in respect of N26.5 million entrusted to you in your capacity as a public officer contrary to and punishable under section 315 of the Penal Code.”

    Mr. Oyedepo added that “the synopsis of all that we have said is to show the court the grounds of preferring criminal charges, criminal breach of trust and theft against the defendants.”

    The EFCC counsel then urged the court to grant his application in the interest of justice.

    When the charges were read to the hearing of the accused persons they pleaded not guilty to the offences.

    Having pleaded not guilty to the offences Mr. Oyedepo urged the court to give the case accelerated hearing pursuant to Section 19 sub-section 2b of EFCC Act.

    He added that “in view of the defendants pleas they have deemed to have put themselves for trial.”

    He also urged the court to avail his team convenient time to assemble “our witnesses, praying the court to remand the accused in prison custody pending the hearing and determination of the case.

    But counsel to both defendants, Obinna Okereke and Nelson Imo opposed the application seeking to remand the defendants in prison custody.

    Both sought the constitutional powers of the court to grant the clients bail, arguing that the offences committed were bailable.

    Both Mr. Okereke and Imo opted to oral application praying that the court “to admit them to bail on liberal terms of sefl-recognisance.

    Okereke averred that the “court is conferred with constitutional and statutory powers to judicially and judiciously exercise its discretion.”

    After listening to the parties’ arguments and counter arguments, Presiding Judge Sikiru Oyinloye in his ruling said “it is my considered position that bail can be granted even though a prima-facie has been established against the defendants, I thereby admit them to bail of N50 million each in like sum.

    Justice Oyinloye added that the defendants must produce to sureties each and that each of the sureties must landed property within the jurisdiction.

    He added that the defendants should also provide their photographs with that of their sureties, ordering the defendants to deposit their international passports with the Chief Registrar of the Kwara state High Court.

    He added that the bail could be revoked if any of the accused persons failed to appear in court during trial.

    However, pending the perfection of the bail conditions, Justice Oyinloye ordered that the defendants be remanded in Mandala prison.

    He then adjourned the case to April 26th and 27th for commencement of trail.

     

     

  • Court to hear APC chief’s suit against Oyegun March 27

    The Federal High Court in Lagos will on March 27 hear a suit by a former commissioner in Lagos, Adewale Ahmed, seeking the nullification of the one-year extension of the All Progressives Congress (APC) officers’ tenure by its National Executive Committee.

    The tenure of the party’s National Chairman Chief John Odigie-Oyegun and other officials at the national, state, local government and ward levels were extended at APC NEC on February 27.

    The officers’ four-year tenure is to expire on June 30.

    Ahmed is praying the court to declare the tenure extension unconstitutional.

    He is also praying the court to stop the Independent National Electoral Commission (INEC) from dealing with the Odigie-Oyegun-led National Working Committee once their tenure expires.

    Odigie-Oyegun, Deputy National Chairman (South) Mr Segun Oni, Deputy National Chairman (North) Senator Lawal Shaibu, National Secretary Mr Ibrahim Gubi, Vice-Chairman (South-west) Mr Pius Akinyelure, APC and INEC are the defendants.

    The applicant, in the March 9 Originating Summons, is praying the court to determine if the defendants had the constitutional right under Section 223 of the 1999 Constitution and Articles 13 and 17 of the APC Constitution to extend the tenure of its NEC and NWC members.

    Justice Mojisola Olatoregun directed Ahmed to serve all the processes and hearing notices on the defendants.

    She adjourned until March 27 for hearing.