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Tag: Court

  • N905m in slush account: Court orders final forfeiture to EFCC

    A Federal High Court in Abuja yesterday ordered the final forfeiture of N905, 941,696.87 in a suspicious account to the Economic and Financial Crimes Commission (EFCC).

    The suspected slush account was traced to a sole proprietorship company, Rivlink International.

    The inflows to the account were from the Rivers State Environmental Sanitation Authority

    But the owner of the company, Christian Robinson, is dead.

    There were however indications that the cash might be returned to the Rivers State Government by the anti-graft agency.

    A source in EFCC said: “Following an application for interim forfeiture order filed by the Acting Chairman of EFCC, Mr. Ibrahim Magu on February 13, 2018 before Justice Ijeoma L. Ojukwu of the Federal High Court Abuja, the judge granted the request on February 21, 2018.

    “But on Thursday (yesterday), the judge granted a final forfeiture of o the sum of N905, 941,696.87 to the EFCC.

    “The slush cash was discovered by the commission through the assistance of a whistleblower who informed EFCC of the stashed funds believed to belong to a late PDP chieftain who used anonymous identity to hide the money in one of the new generation banks.

    “We are happy that Justice Ojukwu has ordered final forfeiture of the cash which nobody came forward to claim.

    “After all formalities have been completed, the cash will be returned to the Rivers State Government for public use.”

    A fact-sheet on the case reads in part:  “The EFCC received an intelligence report on November 2, 2017 alleging that a sole proprietorship firm, Rivlink International has huge inflows from the Rivers State Environmental Sanitation Authority in an account 0037728143 domiciled in GTB. The said account had a closing balance of N905, 941,696.87.

    “The company was registered in 2000 using a fictitious name of one Christian Robinson. But the account was opened in 2001 as sole proprietorship with Mr. Christian Robinson as the sole proprietor.

    “He however appointed Mr. Kenneth Koroma as the sole signatory to the account for the purpose of money laundering.

    “Covert intelligence revealed that the sole proprietor, Christian Robinson, is late and the trustee, Kenneth Koroma has been making frantic efforts to withdraw the funds which had been on fixed deposit.

    “Sometimes in June 2017, Koroma wrote GTB requesting it to liquidate the fixed deposit and transfer the balance to an account number 0037907856 of a company, OLF enterprise also operated by him.

    “Unknown to Koroma, the proprietor had changed him as a signatory to Rivlink International account before he died.

    “The bank insisted that it cannot release the N905m to Koroma because he had ceased to be the sole signatory to the account of Rivlink International. Relevant documents were shown to him on how the owner of the company effected the change of signatory.”

    “Following intelligence report and an alarm by the bank, EFCC detectives decided to trace the inflows into the company’s account.

    “We discovered that the inflows were coming in bits into the account of Rivlink over the years from the sanitation agency without any evidence of contracts carried out.

    “We are suspecting the account to be a slush type which cannot be operated again because the sole proprietor is dead.”

     

  • Need for national emergency court

    Sir: All through history the court and justice system were credited with bringing order and sanity to countries. They interpreted laws, advised, punished bad people, saved the innocent and restored order. The court and justice system also foreshowed the emergence of men with the political will to change the direction of their country.

    In Nigeria, jungle justice is tolerated by the populace. Many a people have been scorched to death for nothing other than mere allegation. They watch them die and no-one seems capable of stopping this.

    A national emergency court is needed away from regular court to try bad people charged with national crimes very quickly in one month, round the clock and confine them in tough jails built under the sea where necessary and with horrendous cases above execute them quickly to be ratified by a president and not politicians who have chosen to become kittens by refusing to ratify death penalties.

    Of what use is it to keep spending state funds keeping very bad people in prison (Kings, Otokotos et al)?

    What the national emergency court would provide is support where sufferers, families and country would be healed and free from the stranglehold of mean-spirited people. It would provide a venue where people could discuss their fears and enable them to move on.

    A backward country like Nigeria wanting to grow need not leave everything to chance. She needs to send the fear of state into the hearts of all. The state needs to protect good people but must be powerful to deal with bad people. If she had dealt fiercely with good-for-nothings quickly, we might never have had bombing campaigns, rogue elements stealing crude and polluting environments, kidnappers, lovers of cruel diatribes against collective humanity, herders who value animals more than human beings, adulterated clerics who think they are above the country.

    Governments in civilized countries move to do spectacular things, impossible things, not merely adequate things such as road construction for which we big-note ourselves for. They don’t mind the drudgery of government, they sally out and welcome it but ours direct policies from heights not visible to the eyes of men and which do not benefit the majority.

    What kind of civil liberty should Amnesty International be harping on for people caught with human heads in Nigeria and entire families killed by herders in reprehensible ways and others in equally unacceptable ways during religious crises?

    Animal have rights in US. In Nigeria the lives of human beings aren’t valued. In the US, many animals are put forward for adoption but in Nigeria, the lives of many people are snuffed out by social misfits. The Nigerian state has to change this scenario by being very tough on crime and the national emergency court can bring sanity to this chaotic country.

     

    • Simon Abah,

    Abuja.

  • Man remanded for raping 9-year-old girl

    Justice Charles Agbaza of the High Court of the FCT sitting in Jabi has yesterday remanded a 25 year old Ekemgba Chisom in Kuje prison custody for allegedly raping Rabi Zakari,a nine year old of Internally Displaced Person Camp, Karmajiji Airport road, Abuja.

    The trial judge however ordered the remand of the defendant who is facing a three count charge preferred on him by the police.

    The Police prosecutor Mr Donatus Abah told the court that the defendant who pleaded not guilty to the three count charge was said to have forcefully slept with the victim against her will on the 9th November 2017 at IDP camp.

    Read Also: Court remands man over alleged attempted rape, armed robbery

     Mr Abah further accused the defendant to have forcefully compelled his victim to engaged in the sexual intercourse to the detriment of her psychological well being.

    Moreover part of the charge against the defendant is a criminal offences and is punishable under Section 1(2) and Section 5(1) of the violence against persons prohibition Act,2015

    Justice Agbaza adjourned the trial till May 2nd for commencement of trial.

  • Court fines police N3m for violating FCT resident’s right

    An FCT High Court, Maitama has ordered the police to pay N3 million to Kingsley Efobi, for violation of his right to personal liberty.

    Efobi on May 10, 2017 filed a suit against the Nigeria Police, Inspector-General of Police and Commissioner of Police, FCT Command, for violating his right.

    Justice Jude Okeke, delivering judgment, held that there was no basis for the court to disbelieve the evidence of the applicant, which was not contradicted by the respondents.

    He held that in order to ensure that the applicant was protected from further violation of his right to personal liberty, “in facts of this matter, the court will be minded in line with the provision of Section 46 (1) of the constitution.”

    “Accordingly, an order of perpetual injunction is granted, restraining the respondents, their agents or servants from harassing the applicant on account of the subject matter of this suit.

    “The respondents jointly and severally are ordered to pay to the applicant N2 million damages for breaking his right to personal liberty, N1million for violating his right not to be subjected to inhuman treatment,’’ Justice Okeke said.

    He ordered that the respondents jointly and severally should return to the applicant N16, 500 being the money extorted from him by the officers of the respondent.

    The judge also ordered that the respondent should pay the applicant N50,000 for being successful in the suit.

    He held that the order by the Special Anti-Robbery Squad (SARS) to the applicant, to remove his sandal, sit on the floor, in addition to seizing his phone, was a violation of his right to dignity of his person, even his arrest and detention.

    Efobi said he was forced to write an undertaking for the payment of the debts he owed.

    “There is no evidence by the respondents showing that they arrested and detained the applicant upon a reasonable suspicion of having committed a criminal offence.

    “It is unconstitutional and, therefore, unlawful,’’ the judge said.

    He said the applicant and two others were traders at Wuse Modern Market, selling bedspread and allied materials.

    The applicant said the bedspread dealers bought in large quantities on debt from Madam Normal, who supplied them from Aba.

    It was the dealer who reported the applicant to the police sometime in May 2015, for debts he owed her.

  • Patience Jonathan’s $15.5m: Court affirms Ozekhome as convicted companies’ counsel

    The Federal High Court in Lagos yesterday held that a Senior Advocate of Nigeria (SAN) Chief Mike Ozekhome was validly appointed to represent four companies that pleaded guilty to laundering $15.5million allegedly belonging to former First Lady Dame Patience Jonathan.

    Justice Babs Kuewumi held that another lawyer, Luke Aghanenu, who claimed to have been appointed by the companies’ directors, was not properly briefed.

    The companies are: Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Trans Ocean Property and Investment Company Ltd and Avalon Global Property Development Ltd.

    The Economic and Financial Crimes Commission (EFCC) arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa, a lawyer Amajuoyi Briggs, who is the companies’ secretary, and a banker, Adedamola Bolodeoku.

    Unlike the companies, Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

    Aghanenu had filed a motion for change of counsel, praying the court to hold that he was validly appointed by the companies’ directors to represent them, not Ozekhome.

    But, Ozekhome urged the court to dismiss the application for change of counsel, arguing that he was authorised to act as the companies’ counsel through a letter by Briggs.

    Ruling, Justice Kuewumi held that if the companies wanted to change the counsel that was appointed by their secretary, it ought to be by board resolution.

    He said there was no such resolution before him, and that the individual hand-written letters by the companies’ directors fell short of the minimum requirement.

    “The fourth to seventh defendants are limited liability companies. If they are to change counsel, it should be by way of board resolution,” he said.

    Besides, Justice Kuewumi noted that he had earlier ruled on the issue when there was a dispute on representation, in which he recognised Ozekhome as the authorised counsel.

    “Until that decision is appealed against, this application is bound to fail. Same is hereby dismissed,” the judge held.

    During hearing of the application, Ozekhome and EFCC’s lawyer Rotimi Oyedepo had clashed when Oyedepo said he was not opposed to the application for change of counsel.

    Ozekhome had accused EFCC of trying to determine which lawyer would represent the companies, adding that the prosecution ought not be interested in who represented the companies.

    He said: “Because we want to set aside the guilty plea of the companies, they arranged with the EFCC to change counsel. We’ll not allow that to happen. They’ll continue to contend with my face. It already show your interest, that you (EFCC) have an interest in who represents the defendant you’re prosecuting,”

    But, Oyedepo described Ozekhome’s comments as prejudicial, saying they were unfair to him and EFCC.

    “The allegation made by the learned SAN is totally unmeritorious. It is not in the interest of justice. It’s prejudicial to us. It’s unfortunate.

    “This not the only case we are both involved in, so why would I not want to see his face?  My prayer is that he should be busy, that people should contact and give him briefs,” he said.

    Oyedepo said it was wrong for Ozekhome to “scandalise” him, but the SAN insisted that the EFCC had a preference for the lawyer who would represent the firms.

    In an affidavit in support of Ozekhome’s motion, a lawyer in his firm, Chimaobi Onuigbo, said the companies’ representatives who pleaded guilty to money laundering (Friday Davis, Agbo Baro, Dioghowori Fredrick and Taiwo Ebenezer) had earlier refused to accept service of processes in a suit by Mrs Jonathan against EFCC and others pending before Justice Mohammed Idris of the same court.

    The deponent noted that Justice Idris had directed parties to serve Briggs with the process since he was on record as the Companies’ Secretary.

    Ozekhome said when Briggs was served with the processes, he instructed him to defend the companies.

    “I was briefed not just on this matter but on the other matters involving the companies, even on appeal. They want an unknown entity to displace me. It is infra dignitatem (beneath dignity), abominable,” he said.

    But, Oyedepo said the court had earlier recognised the companies’ individual representatives, who he said had the right to appoint their counsel.

    After recognising Ozekhome, Justice Kuewumi adjourned till May 2 for hearing of other pending applications.

     

  • Man in court for ‘forging’ Okonjo-Iweala’s letter

    The police yesterday arraigned Obiejogo Azuka in an FCT High Court, Apo for forging a reference letter allegedly made by ex-Minister of Finance Ngozi Okonjo-Iweala, to gain employment.

    News Agency of Nigeria (NAN) reports that the defendant is accused of using the alleged forged document to secure job with the Nigeria Security Printing and Minting Company.

    The prosecutor, Mr. Halidu Mohammed, told the court that the defendant used similar document to get another employment with the Tertiary Education Trust Fund (TETFUND), after he was dismissed from the security printing company.

    Azuka, 33, a resident of Destiny Crescent, Kubwa, Abuja was arraigned on a six-count charge on forgery.

    He said the defendant committed the offence on August 11, 2014, adding that his action caused harm to the reputation of TETFUND.

    Mohammed said the offence contravened Section 320(b) and punishable under Section 322 of the Penal Code Cap 532 LFN, 1990.

    Justice Idris Baba adjourned the case till May 16 for mention.

  • Alleged bribery: Court summons Rickey Tarfa’s witnesses

    A Lagos High Court in Igbosere yesterday summoned defence witnesses in the alleged bribery trial of Senior Advocate of Nigeria (SAN), Mr Rickey Tarfa.

    The court signed a subpoena for their appearance following an application by Tarfa through his counsel Mr Abiodun Owonikoko.

    The witnesses, who were not identified, are required to appear before Justice Adedayo Akintoye on the next adjourned date, March 22.

    Tarfa was due to open his defence yesterday following the dismissal of his no-case submission last February 9.

    In that ruling, Justice Akintoye found as unmeritorious the Learned Silk’s claim for N520 million from the Economic and Financial Crimes Commission (EFCC) as damages for malicious prosecution.

    The judge ordered the defendant to open his case on the next adjourned date.

    But proceedings stalled yesterday when Owonikoko told the judge that the witnesses declined involvement in the case unless by an official invitation.

    Owonikoko said the subpoena had just been signed. He prayed the court to adjourn so that the witnesses could be served.

    EFCC Counsel Nnemeka Omewa did not object.

    The anti-graft agency arraigned Tarfa on March 10, 2016 on a 27-count charge which was subsequently amended to 26 counts.

    He was accused of alleged willful obstruction of authorised EFCC officials, refusal to declare assets and giving false information to a public officer, by lying about his age.

    The agency also alleged, among others, that the lawyer offered N5.3million gratification to Justice Nganjiwa in order to compromise the judge.

    Tarfa pleaded not guilty.

  • Court adjourns contempt charges against IGP to April 17th

    Justice Slyvanus Orji  of the FCT High Court sitting in Apo has adjourned a contempt charge seeking to commit the Inspector General of Police (IGP), Ibrahim Idris to two years imprisonment for persistent violation of court order issued in 2014 to April 17 for hearing.

    The trial judge who adjourned the matter to the date however, imposed a fine of N5,000 on the IGP for filing his counter affidavit out of time and which caused the adjournment of the hearing of the charge.

    At the resumed hearing of the charge yesterday, counsel to the police chief, Mr Seidu Jubril told Justice Orji that the contemptor, had disengaged with a counsel, O.M. Atoyebi.

    Jubril further told the court that the Commissioner of Police in charge of Legal Services, Mr. David Igbodo is to henceforth represent IGP and that he had on Monday filed a counter affidavit against the originating summon.

    A drama however ensued when Justice Oriji demanded for the whereabouts of the IGP, Idris, who was ordered to personally appear before the court yesterday.

    The counsel who was taken aback by the demand informed the judge that the IGP was out of Abuja at the time he was leaving office.

    The judge, who was not pleased with the explanation of the counsel, threw up another question as to whether the IGP was not aware that he ought to be in court today, but the counsel promised to convey the court’s feeling to the appropriate authority.

    Counsel to the Peace Corps, Mr. Nweze Okechukwu, who initiated the contempt charge against the IGP faulted the police chief for failure to obtain leave of the court to regularize the counter affidavit that was filed out of time.

    At this stage counsel to the IGP agreed that he needed leave of the court and applied to the court for an adjournment which the court granted with a fine of N5, 000.

    Justice Orji subsequently adjourned till April 17 for hearing of the matter.

    At the last adjourned date the Judge while delivering his ruling ordered the IGP to be in court yesterday, to show cause why he should not be committed to prison for his disobedience to the lawful order of the court made on March 26, 2014 stopping Police from interfering with the activities of the Peace Corps.

    In his preliminary objection against the contempt charge argued by his counsel Mr. David Igbodo, the IGP claimed that he was not personally served with form 48 in relation to the contempt charge.

    He prayed the court to void the contempt charge and set it aside on the ground that the form 48 summoning him to appear in court was served on the commissioner of Police in charge of legal matters at the Force Headquarters.

    But Justice Orji in his ruling slammed the IGP for employing technicality and delay tactics to frustrate the charge against him.

    The Judge imposed a fine of N25,000 on the Police Chief and ordered him to personally appear in court on the adjourned date.

    The Peace Corps of Nigeria through its counsel Dr. Joshua Yakubu Musa,(SAN) had approached the Abuja High Court to praying it to commit the IGP Idris to prison for two years for flouting the judgment of the court delivered on March 26, 2014.

    The Senior Counsel submitted that in spite of the restraining order against Police not to interfere with operations of the Corps court, the police have refused to obey the court order by sealing up its head office among others.

    The counsel claimed that since March 26, 2014 when the court verdict was handed down, the police have neither appealed against the judgment nor allowed the rule of law to prevail.

    In the 2014 judgment, Police was fined N12.5m as compensation for the principal officers and men of the corps who were arbitrarily arrested across the country and detained in various cells.

    The proscription order placed on the corps by Police was also voided and set aside by the court in the 2014 judgment on the ground that the defendants (Police) have no power under the law to ban or proscribe any organization, including the Peace Corps lawfully registered by the federal government as a youth organization.

    It will be recalled that a former Attorney General of the Federation (AGF) and Minister of Justice, Mr. Kanu Agabi SAN had filed another contempt charge against the Police boss for disobeying the federal high court order that Police should unseal the Peace Corps office in Abuja.

    The new judgment was handed down by Justice John Tsoho of the federal high court Abuja.

     

     

  • Court strikes out JAMB worker’s suit

    •For failure to tender employment letter

    The National Industrial Court yesterday struck out a suit filed against the Joint Admissions and Matriculation Board (JAMB), for failure of the claimant to tender his employment letter.

    The claimant, Peter Ajagu, approached the court to declare his dismissal unlawful and sought reinstatement, payment of his salaries and entitlements.

    He told the court that JAMB did not have a governing board at the time of his dismissal, therefore, the terms and conditions of service as stipulated by his employment letter were breached.

    Delivering judgment, Justice Rakiya Haastrup said the failure of the claimant to tender his letter of employment as material evidence of fact to determine whether or not his dismissal was unlawful, had truncated his case.

    She said the inability of the claimant to present the employment letter made it difficult for the court to determine his employer and who could dismiss him.

    Adedoyin Adejunmobi, the defence counsel, said the claimant was dismissed for his engagement in unauthorised admission in 2016.

    He said the claimant was queried, faced a disciplinary panel, which indicted him and he was subsequently dismissed.

  • Father defiles 4-yr-old daughter

    An upholstery maker, Taiwo Opasina, 29, who is facing a three-count charge of incest, has been remanded in prison by an Ebute Meta Chief Magistrates’ Court.

    The accused was arraigned for unlawful and indecent assault, unlawful sexual intercourse and penetrative sex with a minor.

    He, however, pleaded not guilty to the offences.

    The prosecutor, Insp Chinalu Uwadione, alleged that the accused committed the offences in December 2017 at No. 17, Magbaola St., Badore in Ajah, a Lagos suburb.

    He told the court that the accused on several occasions defiled his daughter and inserted his fingers into the private part of the four-year-old (names withheld).

    “The teacher in the school of the victim noticed that she had been lately withdrawn and quiet.

    “ On enquiry, she told the teacher about her father’s act,” he said.

    The offences, he said, violates Sections 135, 137 and 261 of the Criminal Law of Lagos State, 2015.

    The Chief Magistrate, Mrs A. Ipaye-Nwachukwu, remanded the accused in prison and ordered that his bail be secured at the special offences court.

    She adjourned the case till April 9 for receipt of legal advice from the state Director of Public Prosecution.