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Tag: Court

  • Court dissolves 25 years marriage

    Court dissolves 25 years marriage

    An Igando Customary Court in Lagos yesterday dissolved the 25-year-old marriage of Lukmon and Blessing Adeosun.

    The dissolution followed the  persistent cry of the woman that she was tired of the marriage.

    She described her  husband, a pastor,  as a deadbeat, who was not good in anything.

    Blessing, 49, claimed that  Adeosun had abandoned his responsibility as a husband and father since he received ‘’pastoral calling’’.

    “For the past three years, Lukmon abandoned us to live in the church all in the name of pastoral work. I shouldered all the responsibilities of paying house rent, children’s school fees and feeding,” she said.

    Blessing, a nurse, said her husband also accused her of infidelity.

    “He accused me of having an affair with a pastor, who I always invite to pray before taking delivery of pregnant women.”

    She said Lukmon was now trying to claim a house she  built  because of her desire to end the marriage.

    Adeosun explained that he hardly stayed at home because of his missionary work, alleging that Blessing started acting strangely when he became a pastor.

    He said: “My wife’s attitude suddenly changed, she started attending clubs and other social events. As a pastor’s wife she always absented herself from church activities,’’ adding :

    “I accused her of having an affair with another pastor because that pastor had told me several times to send my wife away that she is an agent of the devil. So, when I started seeing them together regularly, I concluded that they are having an affair.”

    Adeosun, 51, said he was claiming his wife’s house because what belonged to her  also belonged to him.

    He, however, begged the court not to dissolve the marriage because he was still in love with her.

    In his judgment, the court’s President, Mr Akin Akinniyi, noted that the petitioner was adamant, despite all efforts to save the marriage by the court and their family.

    “The petitioner refused to shift ground after several interventions, which indicate that the marriage has broken down irretrievably. Therefore, the court has no choice than to grant the prayer of the petitioner; in spite of the fact that the husband still claims he loves her. The court pronounces the marriage between Blessing Adeosun and Lukmon Adeosun dissolved today. Both parties henceforth, cease to be husband and wife. Each of you should go in your separate ways unmolested. The court wishes both of you well in your new journeys of life.

    “The first two children, who have attained the age of maturity, are free to stay with either parent but the other two, who are under 18 years of age should remain with their mother,” Akinniyi ruled.

  • Court dismisses bank’s appeal against customer’s €7,491 suit

    A Lagos High Court has dismissed Zenith Bank Plc’s appeal challenging a Magistrates Court’s jurisdiction to hear a 7,491.33 Euros dispute between it and and Emil Walson Ltd.

    Justice W. Animahun upheld the firm’s contention that the courts derive their jurisdiction from Section 6(4)(a) of the Constitution.

    The judge ruled that contrary to the bank’s claim, the lower court did not breach Section 28 of the Magistrates’ Court Law of Lagos State when it entertained the suit.

    According to the judge, the Magistrate Court did not err in law by holding that the firm’s suit was based on negligence without failing to consider how the negligence arose.

    Justice Animahun said: “In all, the appeal fails and is hereby dismissed with N100,000 costs to be paid by the appellant within seven days.”

    The appeal, which was decided on January 23, 2018, arose from a December 2016 ruling by Mr W. B. Balogun of the Igbosere Magistrates’ Court, Lagos allowing Emil Watson’s 7,491.33 Euros claim against Zenith.

    The magistrate also awarded cost of N10,000 in favour of the firm.

    Emil Walson Ltd, an import-export firm, is seeking an order compelling the bank to pay it 7,491.33 Euros at 21 percent interest from August 1, 2012.

    According to the firm’s August 23, 2013 statement of claim, filed by its counsel Mbanefoh Odozi, the bank “negligently” and “wrongfully” returned to Poland, the 7,491.33 Euros the firm received as payment for its export of African charcoal.

    But Zenith Bank, in its September 11, 2017 amended statement of defence, denied liability in the transaction. It made a counter claim of N400,000 for costs against the firm.

    In a March 6, 2017 letter marked as ‘Without prejudice’, the bank through its counsel Ademola Obayomi, proposed to pay the claimants N500,000 as “final settlement.”

    But the plaintiff rejected the offer following which settlement talks failed.

    In a March 8, 2017 reply, Odozi said: “If you are sincere with amicable settlement of the case at hand, my client will request that you pay the principal claims, leaving the element of the interest.”

    Further hearing in the suit resumes at the Magistrates’ Court on March 6.

     

  • Court remands two ‘fake’ lawyers in Kirikiri

    An Ikorodu Magistrates’ Court has remanded two men in Kirikiri Medium Prisons for allegedly impersonating lawyers.

    Augustine Aboh, 45, and Sunny Oduu Mathew, 47, were arraigned before Magistrate O.O. Olatunji  for alleged impersonation.

    They were arrested at the instance of the Ikorodu Branch of the Nigerian Bar Association (NBA) on some court premises.

    Aboh is facing a three-count charge of impersonation, Mathew, a two-count charge of impersonation.

    A member of NBA  Human Rights and Pro Bono Committee, Prince Adetayo Ladega, is leading the prosecuting team.

    Aboh was alleged to have paraded himself as a  lawyer  before Senior Magistrate A. Makanju-Oshodi at the Ikorodu High Court premises in Ita-Elewa at about 10am on February 22.

    The defendant was also alleged to have induced  Achor Ifeanyi and unlawfully collected N5,000 by representing himself as a lawyer, knowing it to be false.

    He was in addition alleged to have, on the same day and time, forged a letterhead  bearing NBA logo.

    Mathew also  allegedly paraded  himself as a lawyer at Ikorodu Magistrates’ Court premises, Ita-Elewa around 10am on February 22..

    He was alleged to have, on the same day and time, forged a seal with NBA serial No. 83561, knowing  that the seal does not belong to him.

    The defendants pleaded not guilty.

    Magistrate Olatunji granted Aboh N200,000 bail and Mathew N100,000 bail  with two sureties each in the like sum.

    The magistrate ordered that one of their respective  sureties must be a Level 15 officer in Lagos State Government employ, who    must bring  a letter from the Head of Service (HoS). The sureties must have three years tax clearance and must live  the court’s jurisdiction.

    Mathew’s trial starts on  March 28 and Aboh’s,  March 29.

  • Court strikes out ex-Naval staff reinstatement’s suit

    Court strikes out ex-Naval staff reinstatement’s suit

    The National Industrial Court, Abuja, has struck out the suit instituted by Enoch Iliya against the Nigerian Navy, seeking reinstatement and payment of his entitlements since 2015, when he was forcefully retired.

    Iliya, who was a Petty Officer in the Nigerian Navy served as a Radio Supervisor at the Nigerian Defence Academy (NDA) Kaduna, until his alleged forceful retirement.

    Delivering judgment, Justice Sanusi Kado, said the suit did not satisfy the conditions stipulated by the Public Officers Protection Act Section 2 (a).

    The Section of that Act states that any counter-action against public officers should be instituted within three months of action.

    Kado said the suit which was instituted in September, 2017 failed to meet the three months requirement.

    Read Also:  Court fines ex-unionist N200,000

    According to him, a period of more than two years has elapsed from the date of the alleged forceful retirement of the claimant.

    The claimant had sought for reinstatement and payment of his salary and entitlements from the day he was retired till now.

    The claimant had also alleged that he was sent on compulsory retirement based on a trivia excuse not known to Military Law.

    The Newsmen recalls that the Chief of Naval Staff had argued that the applicant was sacked because he absented himself from military duties.

    He submitted that Iliya was absent from work without leave or pass leading him to also be absent from an essential passing-out-parade of a course he underwent.

    The claimant counsel, Mr Bala Gwadah said his client was brought before a court martial and had been demoted as part of disciplinary action in 2009 for that offence.

    Gwadah argued that hinging his client’s compulsory retirement in an offence for which he was punished amounted to injustice.

    NAN

     

  • Court fines ex-unionist N200,000

    An Ogun State High Court in Ipokia Division has fined former labour leader Peter Asamba N200,000. He has an option of a six-month jail. Asamba was convicted on a two-count charge of conspiracy and assault against some staffers of the National Union of Chemical Footwear, Rubber and Non Metallic Products Employees (NUCFRLANMPE).

    He was a leader of the footwear, rubber and leather workers before the merger in 1996 and was at logger heads with NUCFRLANMPE, trying on several occasions to forcefully take over the secretariat of the union.

    In 1999,  during the tenure of Lucas Damulak, Asamba was alleged to have attacked the union secretariat  in Sango-Ota, in Ogun State, leaving  the former General Secretary of the union,  AlhajI Taoreed Ibrahim, almost crippled.

    On July 6, 2006, he was also said to have attacked the union, making the it to seek to redress at the court. The matter, which had been in court for 12 years, was finally laid to rest with Asamba’s conviction by Justice Muhammad Owodunni.

    Joseph Odimba, who was accused along with Asamba, died during the trial, which began on a three-count charge of attempted murder, assault and conspiracy.

    The judge, however, exonerated Asamba of attempted murder, noting that though it was established that he was carrying a gun, but with no intention to kill as he was reported to have shot into the air and wall and not directly at his victims.

    Asamba was accused of going to NUCFRLANMPE secretariat with a bus full of hoodlums, armed with matchets and charms to attack security men led by Akanbi Adesina, who resisted their entry into the secretariat.

    Asamba, according to the judge, claimed that he was at the secretariat to take over as the General Secretary of the union, having received an invitation from officials of the secretariat.

    Justice Owodunni, however, found Asamba guilty on the other two charges of conspiracy and assault, upon which he and the other accused were sentenced to six months each, to run concurrently or pay a fine of N100,000 for each of the sentences.

    Justice Owodunni also stated that Asamba, who had lost his job since 1991, had no business being at the NUCFRLANMPE secretariat. He could only be at the secretariat if he was in employment and a member of the union.

    Reacting to the judgment,  Director, Legislative Drafting in Ogun State, Olusegun Olaotan, who was the lead counsel for the state, said it was a fair as the convict has been restricted from disturbing the union.

    The Investigation Police Officer (IPO), Fatai Idris, who was in charge of the case, also commended the union for being steadfast in ensuring that the convict and his were brought to book.

    The officer said the accused had ran away after committing the crime but were arrested nine months later when he wrote a petition to the Police alleging that one of them was missing.

    The National President of NUCFRLANMPE, Goke Olatunji said the union was pleased with the judgement as  Asamba had caused a lot of problems for the union.

    “It is a good judgment. We’ve been on this since 1996 and the most important thing now is that he has been barred from coming to our union and convicted for all his crimes,” he said.

  • Court remands man for allegedly defiling 9-yr-old girl

    Court remands man for allegedly defiling 9-yr-old girl

    A Federal  High Court sitting in Kano, on Thursday, remanded a 36-year-old man, Abdulkarim Dan-malam in prison, for allegedly defiling a nine-year-old girl.

    The presiding Judge, Justice Jude Dagat, ordered that the accused be remanded in prison, pending the determination of the case.

    Dagat adjourned the case until March 25 for further hearing.

    The accused, a resident of Gaida quarters in Gwale Local Government Area of Kano State, is charged with unlawful canal knowledge of a minor.

    He, however, pleaded not guilty to the offence.

    Read Also:  Court jails man 60 years for child defilement

    The Prosecutor, Abdullahi Babale, had told the court that accused committed the offence in his residence, Gaida quarters, Gwale, on Nov.11, 2017.

    Babale said the accused gave the victim N10 before defiling her.

    He said Dan-malam was found removing the girl’s trousers and having canal knowledge of her.

    The prosecutor said the offence contravened Section 16 (1) of Trafficking in Persons Act, 2015.

    NAN

     

  • Court: daytime Oro is illegal in Ogun

    Court: daytime Oro is illegal in Ogun

    An Ogun State High Court, sitting in Ipokia Local Government Area, has declared the daytime parade of Oro festival and its restriction of people’s movement as illegal.

    The court ordered that Oro festival or ritual can only be celebrated between midnight and 4 a.m, subject to the approval and an undertaking to maintain peace.

    Justice Sikiru Owodunni, who delivered the judgment, also ordered that Oro worshippers have no constitutional power to impose curfew on the people.

    The suit was filed by the Christian Association of Nigeria (CAN) and the Muslim Ummah in Ipokia against the town’s Oro worshippers.

    Counsel to the applicants, Kayode Samson and David Folalu, told court that the respondents performed their Oro festival in the bush and in the middle of the night.

    Samson averred that the respondents (Oro worshippers) claimed that women and men who do not belong to the cult are not permitted to see the Oro.

    The lawyer said the respondents allegedly extended the celebration into the main part of the communities and imposed daytime curfew for the celebration.

    He added: “When the Oro festival is on, women and men who do not belong to the cult are compelled to stay indoor. Businesses, churches, mosques, government corporations, schools and other public places are also compelled to be closed down, thereby depriving the applicants of their freedom of movements and lawful assembly.”

    The court ordered a “perpetual injunction restraining the respondents, their privies, agents and cohorts from declaring or imposing a daytime curfew or in any manner interfering with the fundamental rights of the applicants to freedom of movements”.

    It added: “It is hereby declared that Oro festival or ritual can only be celebrated in Ipokia, Idi-Iroko, Ihunbo, Ifonyintedo, Ogosa, Koko, Ilashe, Ibatefin, Ago Sasa, Oniru, Mede, Ajegunle and other villages thereunder between the hours of 12 a.m and 4 a.m in the night, subject to government approval and an undertaking to maintain peace.”

  • Court convicts 205 Boko Haram members

    Court convicts 205 Boko Haram members

    •Frees 526 as one insurgent gets 66 years

    THE special sitting of the Federal High Court in Wawa Cantonment, Kainji, Niger State, has ended with the conviction of 205 Boko Haram members, who were sentenced to various terms of imprisonment.

    One of the convicts, identified as Alhaji Bukar Jindi, got the longest term of imprisonment.

    A statement issued by the Federal Ministry of Justice yesterday revealed that 19-year-old Jindi got a total of 66 years upon being convicted on a two count charge.

    The media aide to the Justice Minister, Abubakar Malami, Salihu Isah, said in the statement, that Jindi got 16 years on the first count and 50 years on the other.

    Jindi, Isah added, was convicted for admitting to be a member of the sect Boko Haram and carrying out several attacks leading to loss of lives and properties.

    The statement reads: “The unremorseful and unrepentant convict vowed to go back to crime if he is released.

    “He was arrested in 2015 at the age of 17. He will have to spend 50 years in prison with effect from the date of his arrest.”

    Isah said only one of those tried, Modu Maina, a native of Bama Local Government Area of Borno State was discharged and acquitted.

    He was arrested in Ketu, Lagos State where he worked as a gateman.

    “Maina confessed that he was forcefully initiated into the Boko Haram group but relocated to Lagos to avoid being arrested in Bama.

    “He said that all the confessional statements he made to Joint Task Force (JTF) was under alleged torture.

    “The presiding judge, having reviewed the defendant’s written confessional statements, found him not guilty,” Isah said.

    He added that a total of 526 Boko Haram “suspects were discharged for want of evidence, under aged and persons suffering from mental illness.”

    Isah said most of the 205 that were convicted were found guilty of admitting “to belonging to the terrorist group; concealing information about the group which they knew or believe to be of material assistance that could lead to the arrest, prosecution or conviction of Boko Haram members. Their jail term ranges from 3 to 60 years.

    “Most of the convicts said the fear of being killed prevented them from reporting to the JTF (Joint Task Force) or any security agencies coupled with the fact that most villages had been ravaged by the Boko Haram including the security posts.

    “They insisted that it was difficult and a dangerous venture for them to travel a long distance to make a report.”

    The Federal High Court had to move its sitting to the Wawa cantonment, which served as a detention facility for Boko Haram suspects, to ensure prompt disposal of the cases.

    According to Isah, the court, during its latest sitting, which ended last Friday tried 301 cases, convicted 205, discharged and acquitted 1 and adjourned 73 for continuation of hearing.

    The cases involving the freed 526 were not tried because the prosecution could not charge them for lack of sufficient evidence, among other reasons.

     

  • Court remands lawyer, two others for ‘N155m fraud’

    Court remands lawyer, two others for ‘N155m fraud’

    AN Ikeja High Court yesterday ordered that a lawyer, Idowu Adebayo Michael, and two others be remanded in Kirikiri prison for an alleged N155million fraud.

    The others are Mukaila Fakos and Rasaq Sefiu Adesina.

    Justice Hakeem Oshodi ordered their remand following their ‘’not guilty plea’’ to an eleven-count charge.

    They are accused of  conspiracy to effect an unlawful purpose, fraudulent disposal of trust property, stealing, obtaining money by false pretence, forgery and uttering of false document.

    The defendants were said to have conspired sometimes in 2009, to “unlawfully effect the sale of a property at 2, Kayode Taiwo Street, Magodo, Lagos, without the consent of the owners, Mr Idowu Musiliu Ololape Balogun and Musbal Nigeria Limited.”

    The police alleged that Adesina and Fakos sold the  property to Michael for N35 million and fraudulently converted the money to their own use.

    Part of the charge reads : ‘’That you  Fakos, Adesina, Michael, Babatunde Smith (at large) and Adigun Smith (at large), sometimes in 2010 in Ikeja conspired to obtain  N120 million from one Lanre Obisesan by false pretence when you know you were not authorised to do so by the true owners.”

    The prosecution also alleged that the defendants obtained N120 million from Obisesan by falsely representing to him that they were authorised to sell a property at 5C Michael Ogun Street, GRA, Ikeja.

    They were further alleged to have forged a document entitled: “Special Resolution of Musbal Nigeria Limited” dated December 8, 2010. “Form CAC 7” and “Consent Letter by Ayoola Fakos” and uttered false document to Guaranty Trust Bank through a staff of the bank to act upon as genuine.

    Following their plea, the prosecutor, Mr Emmanuel Jackson asked the court for a short adjournment and prayed that the defendants be remanded.

    But their counsel, Lawal Pedro (SAN),  told the court that  Michael had filed an application for bail.

    The application will be heard on February 26.

  • Court nullifies YOWICAN election

    •Reinstates outgoing president
    •Injunction technically faulty, suspicious, says CAN

    An Abuja High Court has set aside the January 27 presidential election of the Youth Wing of Christian Association of Nigeria (CAN).

    The election that produced Apostle Nnyenime Andy as president has been contested by his outgoing predecessor, Engineer Daniel Kazai.

    Kazai argued his three-year tenure was not completed before the exercise, saying he had seven months left to preside over the body.

    In a suit no FCT/HC/CV/067218 between Engr Daniel Kazai and Elder Biodun Sanyaolu, CAN and Barrister Samuel Kwamkur, Justice M. Balami, in a ruling dated February 13, ordered the setting aside of the election.

    He also granted a mandatory injunction restraining the defendants from “deliberating on, receiving and accepting the unlawful election of national YOWICAN pending hearing of the substantive application(s).”

    The judge further restrained National Executive Council (NEC) of CAN “from allowing any of the elected officials or purportedly sworn national president of YOWICAN from holding out themselves as exco of national YOWICAN until the hearing and determination of the substantive applications.”

    He also directed the Inspector General of Police, Director General State Security Service (SSS), Commandant General of Nigeria of Civil and Security Defence Corps (NSCDC) and other relevant security apparatuses to enforce the ruling.

    Kazai told our correspondent on Friday that justice has been served.

    He said: “We salute the competence of the judiciary in handling the case. It is indeed worth celebrating to know that our judiciary is non-biased and is playing well its constitutional role of ensuring rule of law.

    “We call on Christians and general public to beware of impostors parading themselves as YOWICAN officials to defraud innocent Nigerians, most especially taking advantage of forthcoming general elections.”

    He added: “Machinations that elevate favouritism and cheap politics should not be allowed to operate in CAN. We ought to be guided in what we do, at least for the benefit of posterity.”

    But the National Legal Adviser of CAN, Barrister Samuel Kwamkur, faulted the technicality of the ruling.

    He said the judge couldn’t have given an injunction without hearing from the two parties involved.

    Kwamkur told our correspondent: “We are highly suspicious of the injunction but as a lawyer, we take everything that comes from the court on the face value.

    “We were in court on January 31 and the court didn’t say anything. It said the case was just assigned on 30th. The court asked us to return on February 23 only for us to get the injunction.

    On the next line of action, the legal adviser said: “We recognise the injunction but it is like a university certificate. When you present it, it will be verified.

    “An injunction is not a judgment. We are filing another motion to set aside that injunction because the judge has not listened to us. I am sure when he listens to us he will set aside what he gave before.”

    He carpeted Kazai for running a one-man show, wondering why he didn’t show up at the NEC meeting last week.

    “He is an unpopular leader with no followers at all. Otherwise why didn’t he show up at the NEC meeting since he claims to have the backing of the court?”