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Tag: Court

  • Woman docked for slicing another woman’s face with razor

    Woman docked for slicing another woman’s face with razor

    A 20-year-old woman, Loveth Augustine, who allegedly cut another woman with a razor blade on the upper eyes, was on Tuesday arraigned at an Ikeja Chief Magistrates’ Court.

    The accused, a student, who resides at 6, Adebisi St., Egbeda, suburb of Lagos, is being tried for assault.

    The Prosecutor, Insp. Raji Akeem, told the court that the offence was committed on Feb. 20, at Royale Club, Oba Akran, Ikeja.

    Akeem said that a fight ensued between the accused and the complainant, Miss Motunrayo Fatai, at the night club at 1:00 am.

    “The accused beat her and used razor blade to cut the upper part of her right eyes which caused her deep cut on the place.

    “She was rushed to the hospital and was treated,” he said.

    The offence contravened Sections 170 and 173 of Criminal Law of Lagos State 2015.

    Read Also: Court remands man for allegedly shooting brother to death

    The accused, however, pleaded not guilty to the charge.

    Chief Magistrate T. O Shomade granted the accused a bail of N20,000 with two sureties in like sum.

    He adjourned the case until March 28 for mention.

  • ­Sale of secured seal: Court fixes April 13 for judgment

    ­Sale of secured seal: Court fixes April 13 for judgment

    Justice Doris Okuwobi of an Ikeja High Court has fixed April 13 for judgment in a   suit filed                                 by an activist-lawyer, Tope Alabi, challenging the powers of the Chief Judge of Lagos State, Justice Opeyemi Oke, over the introduction and the sale of seals in the High Court and Magistrate Court registries.

    Justice Okuwobi fixed the date  after parties had argued their various application before the court.

    Other defendants in the matter are the Chief Registrar, the Lagos State Judicial Service Commission, Lagos State Judiciary and the  Attorney-General of Lagos.

    Arguing his appilication before the court, Alabi said there was no law establishing the seal.

    He argued that the Chief Judge’s letter to judicial staff to carry out sale of seal is of no effect.

    According to him, “the letter introduced tax in form of revenue”, contending that “any revenue or tax must be provided for in a written substantive law”.

    But counsel to the first, third and fourth respondents, Prof. Taiwo Osipitan (SAN) argued that the Chief Judge has powers to introduce the seal.

    Osipitan said the seals are designed to checkmate activities of non-lawyers and unscrupulous persons involved in the use of affidavits, which they passed off as having been sworn to at the registries  of Magistrates and High Courts.

    He told the court that the secured seal applies only to affidavits and do not apply to other court processes filed in the registries of the Lagos State High Court.

    He said contrary to the claimant’s position, receipts are issued for every  secure seal paid for by litigants and deponents respectively.

    Osipitan urged the court to discountenance the claimant’s submission, saying that he has not disclosed reasonable cause of action in the suit.

    Counsel to the Attorney-General, the fifth defendant, Adebayo Saliu, aligned with the submission of the learned silk.

    The Lagos State judicial Service Commission, which is the second defendant, was not represented.

    In his originating summons, Alabi is seeking a declaration that the introduction and sale of seals and non-acceptance of his processes for filing on the basis that there were no seals on them is illegal and unconstitutional.

    Alabi said the court officials’ insistence that he must buy the seal and attach it to his supporting affidavits amounts to denying him and his clients access to justice.

    He is praying for an order of perpetual injunction, restraining the defendants or their agents from compelling litigants to purchase the seal when filing cases, processes or deposing to affidavits.

    He also wants the court to perpetually restrain the defendants or their agents from further producing or supplying the seals.

    The lawyer urged the court to determine whether, based on its rules and the 1999 Constitution, its officials can validly force litigants to buy the seals for N250 before they can file documents in court.

    Alabi said in all the laws, statutes and rules governing the court’s affairs, there was no legal basis for imposing the sale of the seals on court users.

    “The defendants cannot put something on nothing and expect it to stand,” he said in his written address.

    Alabi also files a motion ex-parte praying for an order of interim injunction restraining the defendants from compelling him and other litigants to purchase the seal.

    In a supporting affidavit, which he personally deposed to, Alabi said he was at the court’s Lagos division on October 31 to file a motion for change of counsel.

    In addition to the regular charges, he said he was charged additional N250 for a seal affixed to his affidavit in support of the motion.

    He said he complained to the Assistant Chief Registrar, who he claimed informed him that “the order was from above  and that it was beyond him. “I was also at the Lagos Judicial division of the High Court of Lagos State on the 6th day of November, 2017 for filing of affidavit of service. The court officials, precisely the cashiers, denied me filing on ground that I did not give them the sum of N250 for the seal,” he said.

    Alabi said having complied with the pre-action requirements, “it is in the interest of justice to restrain the defendants from compelling the claimant or any legal practitioner or litigant to purchase the seals”.

     

  • ‘Assassination attempt’: Court orders prosecutor to appear with Melaye’s case file

    ‘Assassination attempt’: Court orders prosecutor to appear with Melaye’s case file

    Justice Fola Ajayi of the Kogi State High Court sitting in Lokoja has ordered the prosecutor in the case of assassination attempt on Senator Dino Melaye (Kogi West) to appear with the case file at the next adjournment.

    Justice Ajayi, yesterday at the resumed hearing of the case brought against the Chairman of Ijumu Local Government Area (LGA), Alhaji Taufiq Isa and four others for the alleged assassination attempt, frowned at the continuous absence of the prosecutor, Lough Simon and his team.

    He said he has a limited time to conclude the case, being a criminal case that “requires us starting afresh”.

    He urged the prosecuting counsel to appear physically with the case file at the next hearing before granting an adjournment till March 22.

    The death of the former judge handling the case, Justice Arome Akogwu, last December, cause the reassignment of the case to Justice Atayi.

    Since the reassignment, the prosecution counsel and his team have failed to appear in court for the second time running.

  • Court urged to void extension of APC NWC members’ tenure

    Court urged to void extension of APC NWC members’ tenure

    The Federal High Court in Abuja has been urged to void the extension of the tenure of the National Working Committee (NWC) of the All Progressives Congioress (APC) by its National Executive Committee (NEC).

    The request formed part of the prayers in a suit by Okere Uzochukwu, who described himself as a member of the APC in Imo State.

    Uzochukwu, in the suit marked, FHC/ABJ/CS/219/2018, said he was an aspirant to the state chairmanship position of the party in Imo State and that the tenure extension violated provisions of the Constitution, the Electoral Act and the Constitution of the APC.

    The suit filed by his lawyer, Nnamdi Okere, has APC and the Independent National Electoral Commission (INEC) as  respondents.

    Uzochukwu is of the view that the extension of the tenure of officials of the party at various levels was “the primary function and responsibility of the national convention” by virtue of the provisions of Article 13   and 13 (3) (ii) of the Constitution of the APC  2014 (as amended).

    He stated, in a supporting affidavit, that “the plaintiff is a registered and card carrying member of the All Progressives Congress who registered at   Ulakwo, OAU ward of Owerri North,  membership card number 11013379  and has been participating in all   programmes and activities of the party.

    “The said APC membership card is hereby pleaded and shall be relied upon  as exhibit 1. The  plaintiff is aspiring and contesting the   Imo State Chairman of the All Progressives Congress slated to hold during the party elective convention in July 2018.

    “The  four-year  tenure of the present National Working Committee, State Working   Committee, Local Government Area Executive Committee  and Ward Executive Committee  of the party will expire in June 2018 and  new elective conventions ought to be conducted to elect party leadership at the various levels.

    “On Tuesday, February 27, 2018, the National Executive Committee of the Party met and purportedly usurped the constitutional powers of the National Convention by unconstitutionally extending the tenure of the present National Working Committee, State Working   Committee, Local Government Area Executive Committee and Ward  Executive Committee  of the party which will expire in June 2018. ”

    Uzochukwu wants the court to among others, declare that the purported one year extension of the tenure of the John Odigie-Oyegun-led NWC, the state working committees as well as the local government and ward executive committees of the party commencing from June 2018 to June 2019 “is illegal, unconstitutional, null and void  and of no effects”.

    He said APC’s national convention “never and did not meet to delegate and has not delegated any of its powers to the National Executive Committee,  to warrant the unconstitutional tenure extension”.

    The plaintiff also wants the court  to compel “the incumbent  John Odigie- Oyegun-led  National Working Committee”,  and others  to vacate their respective offices with effect from June 1, 2018.

    He noted that the beneficiaries of the extension will complete their four-year tenure on June 1, 2018 and urged the court to compel them to vacate their offices by then “pending the election of new officers of the party at all levels through democratically elected conventions.”

    Uzochukwu is also seeking an order compelling INEC “to reject, cease to recognise and stop dealing with or having official communications with the incumbent  John Odigie- Oyegun-led  the  National Working Committee” and others effective from effective from June 1, 2018 “for having spent the constitutionally allowed tenure of office”.

    He equally seeks an order declaring that he as registered and card-carrying   member  of the party, “has been denied the right to aspire and contest the Imo State Chairman of the All Progressives Congress, a position he is aspiring and canvassing, and has spent enormous resources,  to warrant  and justify the extant action.”

    Uzochukwu raised the following questions for the court’s determination:

    *Whether the NEC  of the party lacked the “constitutional and statutory powers” to alter the provisions of the Constitution of the Federal Republic of Nigeria and the Electoral Act” by “undemocratically” extending the tenure of the officials of the party.

    *Whether or not the NEC of the party “has the constitutional  powers to extend the  tenure of the National Working Committee, State Working   Committee, Local Government Area Executive Committee  and Ward Executive Committee  of the All progressives  by one year howsoever purported in view of Section 223 (1) (a)  and (2) (a)    of the 1999 Constitution  of the Federal Republic of Nigeria (as amended)  and section 85  (3) of the Electoral Act 2010 (as amended) .”

    *Whether or not the purported  one year extension of the tenure of John Odigie- Oyegun led  the  National Working Committee, State Working   Committee, Local Government Area Executive Committee  and Ward  Executive Committee of the All Progressives Congress  by  the National Executive Committee (NEC),   commencing from June 2018 to June 2019   is   illegal, unconstitutional, null and void  and of no effects whatsoever;  in view of the combined reading of Section 223 (1) (a)  and (2) (a)    of the 1999 Constitution of the Federal Republic of Nigeria (as amended)  and Section 85  (3) of the Electoral Act 2010 (as amended)”.

  • Court orders substituted service of N50m libel processes

    Court orders substituted service of N50m libel processes

    A Lagos High Court has directed that processes in a N50million libel suit be sent to the  defendant through substituted service.

    An accountant, Adelani Afolabi, filed the suit against the Queens College  Parent-Teacher Association (PTA) Chairman John Ofobike and 11 others.

    The others are: Vice Chairman, Yetunde Shittu; probe panel chairman, Tajudeen Oyekunle Amodu and PTA members  Victor Onukwe, Eyilayo Amodi, Catherine Temitope Nwadu, Martha Ezeh Nwafor,  Kingsley Okori, Oladejo Sarafadeen Abiodun, Okeke Chinyere Eucharia, Charles Amadi and the PTA’s incorporated trustees.

    According to his November 17, 2017 statement of claim, Afolabi averred that he and members of the exexcutive in which he served between 2013 and 2016 were witch-hunted and defamed by a probe panel consisting of the third to 10th defendants.

    He said: “I was invited by the probe panel but was not allowed to offer any meaningful explanation as to my roles as the treasurer between 2013 and 2016.

    “On July 9, 2017 at the Annual General Meeting of the PTA of Queen’s College, the report of the said probe panel was circulated among dignitaries and parents where I was personally defamed and described as fraudulent by the defendants.

    “After the said publication, I forwarded a comprehensive report of the financial activities of tenure under review to the Chairman of the Fact finding Committee, who is third defendants in this suit and asked him to publish a retraction.”

    Afolabi said contrary to the committee’s allegation that there was no proper documentation of the activities of their tenure, proper records were kept.

    According to him, the administration under which he served built and bequeathed to Queen’s College, a world-class hostel “which no individual, administration and/or government in history has ever built.”

    He listed other feats by the administration including the construction of VIP toilets and purchase of three buses to ease transportation problems of the Queen’s College.

    Aside a claim for N50m as damages for emotional distress and loss of professional goodwill allegedly caused by the defendants’ action, the claimant is seeking three other reliefs.

    They include: “An order directing the defendants to jointly and severally write a letter of apology to the claimant in respect of the misleading publication.

    “An directing the defendants to jointly and severally publish in two reputable-newspapers a public apology and retraction regarding the personality of the claimant.”

    The defendants are yet to file their defence.

    At the commencement of proceedings yesterday, neither the defendants nor their counsel were present.

    Igbayiola told Justice Ibironke Harrison that seven of the defendants appeared to be evading service.

    He said: “We’ve been able to serve the first, second, third, ninth and 10th defendants. We have not been able to serve the others.”

    He prayed the court to allow him make one more attempt to serve the defendants following which an application would be brought for substituted service.

    Igbayiola said: “We intend to come under Order 7 of the Lagos State Civil Procedure Rules 2012 for an application for substituted service.”

    Granting his prayer, Justice Harrison adjourned till March 28, for further directions.

  • Nyame: Court to deliver judgment May 30

    Nyame: Court to deliver judgment May 30

    A High Court of the FCT, sitting in Gudu, Abuja, will deliver judgment in a suit by the Federal Government against former Taraba State Governor Jolly Nyame, on May 30.

    Nyame was tried for alleged misappropriation of N1.64 billion.

    At the resumed hearing yesterday, the defence counsel Hassan Fajimite told the court about the defendant’s written address, dated December 3, and filed same day.

    He held that the witness’s evidence was based on ‘hear-say’ and that no records show that money was given to the defendant.

    He said: “None of the prosecution witnesses produced any document of the alleged transfer of money by the defendant to any of them

    “I urge your lordship to discredit those evidences.”

    However, counsel to the EFCC Rotimi Jacobs (SAN), who replied on the written address on January 10 and filed same day, said the defendant was liable to be prosecuted.

    He added that all witnesses testified that Nyame gave them money to pay into an account owned by the defendant.

    “My lord, the defendant is trying to cover up and so I urge your lordship to discountenance this submission by my learned counsel and deliver judgment in favour of the prosecution.”

    After listening to both submissions, Justice Adebukola Banjoko adjourned till May 30.

  • Court remands CDA treasurer in Kirikiri for ‘N9.5m theft’

    Court remands CDA treasurer in Kirikiri for ‘N9.5m theft’

    An Ikeja Magistrates’ Court yesterday remanded the treasurer of Omole Phase 2 Residential Community Development Association (CDA), Lekan Somorin, in prison custody for an alleged N9.5 million theft.

    The defendant will remain in Kirikiri Medium Security Prisons until he perfects his bail conditions.

    The police arraigned Somorin, 52, yesterday before Magistrate Bola Osunsanmi.

    Somorin, who lives at Omole Phase 2, Olowora, Lagos, is facing a two-count charge of forgery and theft.

    Prosecuting Inspector Benson Emuerhi told the court that the defendant  stole the money and falsified the association’s account records.

    He said the defendant committed the offences between March 2016 and November 2017 at Omole Phase 2 Residential Association C.D.A office, Lagos.

    “When he was asked about the N9.5 million, he could not give any satisfactory explanation on how the money got missing.

    “All efforts made by the complainant to get the accused to refund the money proved abortive,” he said.

    The defendant  pleaded not guilty.

    Magistrate Osunsanmi granted him N1 million bail with two sureties in the like sum.

    Somorin’s trial begins on May 31.

  • Court remands man for allegedly killing brother

    Court remands man for allegedly killing brother

    A Kano Chief Magistrates’ Court yesterday remanded a 33-year-old man, Musa Shu’aibu, in prison custody, for allegedly killing his brother, Adamu Shu’aibu.

    Musa, who lives at Jigawar Alhaji Ado village in Dawakin Kudu Local Government of Kano State, is facing a four-count charge of criminal conspiracy, robbery, illegal possession of firearms and culpable homicide.

    The Chief Magistrate, Hajiya Fatima Adamu, ordered the remand of the accused till March 29.

    The prosecutor, Anthony Edward, had told the court that the accused committed the offence on January 30 about 10pm in Dawakin Kudu Local Government.

    “The accused conspired with nine of his friends, now at large, while armed with a gun and shot dead his brother,” he said.

    Edward said two locally-made revolvers and one pistol were recovered from the accused.

    He said the offences contravened sections 97 and 221 of the Robbery and Firearms Special Provision Act, 2004.

    Musa pleaded guilty.

  • Court declines jurisdiction in taxi operators’ suit

    Court declines jurisdiction in taxi operators’ suit

    The Federal High Court in Lagos has declined jurisdiction in a suit by some commercial taxi drivers in Lagos against the Incorporated Trustees of Lagos State Taxi Drivers and Cabs Operators Association (LASTDCOA).

    Justice Chuka Obiozor ruled that it was the Lagos High Court that had jurisdiction on the matter.

    The suit was filed by the plaintiffs – Arogundade Adekunle, Kolawole Afolabi and Taofeek Oladokun – on behalf of themselves and other commercial/taxi drivers.

    The second to fourth defendants in the suit are Lagos State Chief Vehicle Inspection Officer (CVIO), Lagos State Attorney-General and Commissioner for Justice and the Corporate Affairs Commission (CAC).

    The plaintiffs, through their counsel, Marcus Eyarhono, sought a declaration that the first defendant, Incorporated Trustees of Lagos State Taxi Drivers and Cab Operators Association, is a private body and not an arm or agent of the Lagos State government. Thus, its decisions/and or activities cannot bind the plaintiffs.

    They also sought a declaration, among others, that they are entitled to carry on business in the state without interference by officers of the second to fourth defendants, or any other person or group of persons.

    But the defendants, in their defence filed through their counsel, Oluwafunmilayo Jimoh, urged the court to dismiss the suit for being “vexatious, frivolous and an abuse of court process.”

    They averred that following the plaintiffs’ petitions to the Lagos State House of Assembly, the lawmakers resolved that the claimants should either identity with with any of 11 state government recognised taxi operators or apply to the Ministry of Transportation as an entity.

    But that the plaintiffs persisted in their “unjust vendetta” against the first defendant and, with the intention of “tackling it until it surrenders”, instituted the suit against the defendants.

    In his ruling yesterday, the judge upheld the defendants’ contention that the applicants had filed their claim in the wrong court.

    Justice Obiozor held: “The subject matter falls within the jurisdiction of the Lagos State High Court. I therefore decline jurisdiction on this matter.

    “However, according to the laws of the federation of Nigeria, 2004, I will not strike out this suit, but I hereby transfer the suit to the Honourable Chief Judge of Lagos State.”

  • Court adjourns shiite suit against Kano Govt. to April 10

    Court adjourns shiite suit against Kano Govt. to April 10

    A Kano State High Court on Tuesday adjourned hearing in a suit filed by Aljafariyya Shiite Movement against Kano State Government until April 10.

    The Shiite group filed a suit seeking the state government to pronounce that the alleged arrest and detention of their members by Nigerian Police sometime in 2016 violated the freedom of religion and free movement.

    The Presiding Judge, Justice Suleiman Na Malam, adjourned the case until April 10 for hearing.

    Counsel to the Plaintiff, Mr Muhammad Bakaro, urged the court to order the Kano State Government to pay N500 million compensation to the movement.

    However, Counsel to the respondents, Mr Sunusi Ma’aji, served the Aljafariyya movement through the counsel, Muhammad Bakaro, with an application on the adjourned suit.

    Other respondents in the suit are Kano State Commissioner of Police and the state’s Attorney General and Commissioner of Justice.