The Nation Newspaper

Tag: Court

  • Man’s SMS to girl lands him in court

    Man’s SMS to girl lands him in court

    A man, Akinsina Ibrahim, who allegedly sent a text message threatening a girl, was yesterday granted a temporary reprieve by an Osogbo Chief Magistrates’ Court in Osun State.

    Ibrahim, 22, was released on bail at N100,000, with two sureties.

    The Magistrate, Mrs. Olubunmi Ajanaku, said the sureties must live within the court’s jurisdiction with an evidence of tax payment.

    In addition, she said, one of the sureties must be a civil servant on Grade Level 8, while the other must be a relation of the accused.

    Ibrahim, who is facing a three-count charge of conspiracy, threat to life and unlawful possession, pleaded not guilty.

    The prosecutor, Joshua Oladoye, told the court that the accused sent an SMS to a girl, Akintan Seun, threatening her.

    He said the accused committed the offences on September 18, at Ayekale in Osogbo.

    Oladoye alleged that the accused conspired with others at large to commit the offence.

    “The accused was arrested with a bag containing charms by police detectives during a raid on his house.”

    The offences contravene sections 213 (b), 232 and 516 of the Criminal Code, Laws of Osun State, 2003.

    Further hearing has been fixed for March 14.

  • Court reinstates dismissed NBC worker

    Court reinstates dismissed NBC worker

    The National Industrial Court, Abuja, yesterday ordered the reinstatement of Kate Obiechina, dismissed by the National Broadcasting Commission (NBC) in 2013.

    Justice David Isele, in his judgment, said due process was not followed by the NBC in dismissing the claimant.

    He said the dismissal was in breach of her right to fair hearing, because she was not formally informed through writing, and neither was the allegation of misappropriation of government fund investigated.

    Justice Isele  ordered that the judgment should be complied with within 14 days and arrears of her salary from the date of her dismissal paid.

    The claimant before her dismissal was a Principal Monitoring Officer in the Makurdi office of NBC.

    She approached the court to declare her dismissal from the commission in 2013 as illegal, unconstitutional, null and void.

    The claimant’s counsel, Mr. Bola Olotu, said his client was not given the opportunity to defend herself before she was dismissed.

    He said an allegation of absence from duty without permission was levelled against his client, to which she was given a query and ordered to appear before a disciplinary committee.

    “On my client’s appearance before the committee, a new allegation of misappropriation of government fund was levelled against her.

    “She was not given an opportunity to speak or defend herself before the committee.

    “On August 28, 2013, my client was served a termination letter, stating absconding from duty without permission and misappropriation of government fund as basis for the termination.”

    The claimant joined the director-general of NBC, Federal Civil Service Commission, Minister of Information and federal attorney-general as co-respondents in the suit.

     

  • N6b rural electrification fraud: Court convicts ex-Perm Sec, directors

    N6b rural electrification fraud: Court convicts ex-Perm Sec, directors

    A High Court of the Federal Capital Territory in Gudu, Abuja has convicted and fined a former Managing Director of the Rural Electrification Agency, Samuel Ibi Gekpe, an engineer.

    He and other directors of the agency were charged with disregarding the provisions of the Public Procurement Act by misappropriating N6 billion.

    The fund was mismanaged in the payment for rural electrification contracts, which they purportedly awarded as the agency’s Public Procurement Committee in 2008.

    The Economic and Financial Crimes Commission (EFCC) arraigned them for criminal breach of trust before Justice Adebukola Banjoko.

    The other defendants are a former Permanent Secretary in the Ministry of Power Dr. Abdullahi Aliyu, an accountant in the agency Simon Kirdi Nanle, a director Lawrence Orekoya, an assistant director Abdulsamad Jahun and the agency’s former Head of Legal Department, Kayode Oyedeji.

    The prosecution team, led by Mr. Kemi Pinheiro (SAN), called seven witnesses from the Corporate Affairs Commission (CAC), the Central Bank of Nigeria (CBN), the United Bank for Africa (UBA) Plc, the agency’s officers and an EFCC operative Ibrahim Ahmed.

    The defendants, represented by Paul Ewekoro (SAN), made a no-case submission, which was dismissed.

    In a February 8 verdict, Justice Banjoko dismissed the first defendant’s application challenging the court’s jurisdiction to entertain the charge.

    The court found that the prosecution proved the ingredients of the offences of criminal breach of trust and conspiracy.

    Justice Banjoko held that the defendants, who disregarded Public Procurement Act, misappropriated over N6 billion in contract payments.

    The judge found the defendants guilty as charged.

    She convicted and sentenced Gekpe to three years imprisonment with an option of N5 million fine.

    The judge also sentenced the other defendants to three years imprisonment but with an option of N500,000 fine each.

    The fines are to be paid within  30 days from judgment day.

     

  • Court to hear suit against Shema, others on April 10

    Court to hear suit against Shema, others on April 10

    A Katsina State High Court has fixed April 10, 11 and 12 to hear the suit against former Katsina State Governor Ibrahim Shema, and three others, for alleged financial impropriety.

    Other defendants in the case are former Commissioner for Local Government Affairs Sani Makana; former Permanent Secretary Lawal Rufai and a former ALGON Chairman Lawal Dankaba.

    The suit, instituted by the Katsina State government and the Economic and Financial Crimes Commission (EFCC), accused Shema and the others of misappropriating N11 billion state funds.

    Shema, however, approached the Supreme Court to challenge the High Court’s jurisdiction to try him. But the apex court directed that he should return to the court and answer charges against him.

    The prosecution counsel, Sam Ologunorisa (SAN), told the court it fixed today (yesterday) for the parties to report back on the judgment of the Supreme Court.

    Ologunorisa drew the attention of the court to the March 24, 2017 motion, seeking certain reliefs from the High Court. He prayed the court to grant the reliefs, explaining that all parties have been served with the motion.

    The defence counsel, Joseph Daudu (SAN), however, drew the court’s attention to what he referred to as “fundamental errors” in the said motion.

    According to him, the seal on the motion does not belong to the person who signed it, saying it is improper for the motion to be served in that manner.

    Although Ologunorisa insisted that the Supreme Court had once settled the issue of seal and signature on a motion, Daudu argued that the apex court’s decision was on “where there is no seal at all on a motion”.

    He equally drew the attention of the court to the Supreme Court directive that document pertaining the hearing of the case be made available to the defendants.

    Justice Ibrahim Maikaita Bako stood down the court for 10 minutes to allow proper correction to be effected on the said motion before adjourning the case till April 10, 11 and 12, for hearing.

  • Court sentences man to death for killing wife

    Court sentences man to death for killing wife

    An Ikeja High Court yesterday sentenced Katungi Phillips to death for stabbing his wife, Justina James, to death for allegedly infecting him with the Human Immunodeficiency Virus (HIV).

    “The prosecution was able to prove by cogent circumstantial evidence that the defendant intended to kill the deceased. I hereby find the defendant guilty of the murder of Justina James. In view of the mandatory sentence for murder in Section 221 of the Criminal Law of Lagos State 2011, the defendant, Katungi Phillips is hereby sentenced to death, may the Lord have mercy on his soul,” Justice Raliat Adebiyi said.

    The  judge rejected Phillips defence of provocation.

    She said the multiple stab wounds inflicted on Justina by Phillips were excessive in comparison to the single stab wound the convict sustained.

    Justice Adebiyi said that based on the evidence before her, the defence of provocation was not plausible, adding  that the prosecution had proved its case beyond reasonable doubt

    According to the prosecution led by Mrs O. R Ahmed-Muili, the convict committed the offence at 3.21 a.m. on July 26, 2014 at his residence at Pako House, Oniru, Lagos.

    Ahmed-Muili said the convict, who had been married to Justina for two years, stabbed  her with a kitchen knife after discovering that she had allegedly infected him with HIV.

    “After discovering that she had allegedly infected him with the virus, the deceased threatened to leave him for another man.

    “He stabbed his wife with a kitchen knife during the ensuing argument and he also attempted to kill himself by stabbing himself in the abdomen with the knife,” she said.

    The police arraigned Phillips on February 8, 2016.

    The prosecution called four witnesses, three police officers and the sister of the deceased to testify during the trial.

    Inspector Alexander Onoja, the Investigating Police Officer (IPO) during his testimony at the trial said that the defendant confessed to the police to have stabbed his wife.

    “He confessed that he murdered his wife because he discovered they were both HIV positive and he was infected through her.

    “He alleged that she informed him that she was leaving him for another man,” he said.

    The IPO said that when the police visited the crime scene Justina was already dead.

    He said police found Phillips lying beside her corpse with a knife wound to his abdomen.

    Philips, however, in his submission during the trial, using the defence of provocation, said his wife was stabbed while they were arguing over his missing mobile phone.

    “We were arguing over my missing phone, she stabbed me with the kitchen knife, I grabbed the knife from her hands and stabbed her once,” Phillips told the court.

  • Barber in court for alleged phone theft

    Barber in court for alleged phone theft

    The police yesterday arraigned a barber, Abiodun Adesina, 21, for allegedly cutting the hands of Ben Benjamin with a knife and stealing his phone.

    The accused, a resident of Oke-Ira, Ogba, Lagos is standing trial before Magistrate Y.O. Ekogbulu of an Ikeja Magistrates’ Court, Lagos, on a three-count charge of conspiracy, assault and stealing.

    He pleaded not guilty.

    The magistrate granted the accused bail at N100, 000 with two sureties.

    Ekogbulu said the sureties should be employed, show evidence of two years’ tax payment to the Lagos State government and adjourned the case till Thursday.

    The prosecutor, Clement Okuoimose, had told the court that the accused and others at large committed the offences on January 29 at Ogba.

    He said the complainant had gone to a viewing centre to watch a football match.

    Okuoimose said while the complainant was returning home, he was accosted by the accused and his accomplices.

    He added that the accused ordered the complainant to surrender his phone, but he refused.

    The prosecutor said the accused brought out a knife and stabbed the complainant in the hand, snatched his phone and ran away.

    He said Benjamin shouted, attracting passers-by, who apprehended the accused, while his accomplices escaped with the phone.

    Okuoimose said the offences contravened sections 174, 287 and 411 of the Criminal Law of Lagos State, 2015(Revised).

  • Court urged to compel CBN, others to disclose cost of Buhari’s London treatment

    Court urged to compel CBN, others to disclose cost of Buhari’s London treatment

    A FEDERAL High Court in Abuja has been urged to compel the Central Bank of Nigeria (CBN), its governor and one other to disclose the amount the country expended on President Muhammadu Buhari’s medical treatment in London.

    The court was also asked to direct CBN to reveal the cost of keeping the presidential aircraft for the 103 days he spent in United Kingdom (UK).

    The court is also requested to compel the CBN, its governor and the Attorney General of the Federation (AGF) to provide details of employments carried out by the bank between July 1, 2014 and March 1, 2016.

    These requests formed part of the prayers in two suits filed by the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative (ASRADI).

    The suits were brought under the Freedom of Information Act.

    Already, the court has granted the applicant leave, in the first suit to apply for “the prerogative order of mandamus” to compel the respondents – the CBN, its governor and the AGF – to provide it with information on “the amount (cash/cheque/bank transfer or whichever payment mode) released for the medical treatment” of the President, as contained in its letters of October 9, requesting for similar information.

    The applicant also got the court’s leave, via an ex-parte order granted by Justice John Tsoho on December 13, 2017, to apply for similar order in relation to information on “the amount ((cash/cheque/bank transfer or whichever payment mode) paid by the Federal Government to Stansted Airport Authority in the United Kingdom (UK), as parking fees for Nigeria’s Presidential aircraft parked in the UK for 103 days at the behest of President Buhari.”

    In the second suit, Justice Ahmed Mohammed, on January 17, granted the applicant  leave to apply for judicial review of the refusal by the CBN and its governor to disclose information on “the full names, date of  employment, academic qualification(s), state of origin, entry grade and posting (department and branch) for all persons employed by the first and second respondents  between July 1, 2014 and March 1, 2016, inclusive of the advertisements relating to the aforesaid appointments or waivers from the Federal Character Commission”.

    Having obtained the court’s leave, ASRADI’s Incorporated Trustees has proceeded to file motions on notice, in respect of both suits, in which it is seeking specific prayers from the court.

    The applicant, in the suit, wants a declaration that the failure of the respondents to provide it with information it sought through its letter of October 19, 2017 (on the expenditure of the President’s London treatment) “amounts to a wrongful denial of information and is a flagrant violation of the provisions of the Freedom of Information (FOI) Act 2011”.

    It seeks an order compelling the respondents to furnish it with information sought in the letter of October 19, 2017, and a further order, mandating the CBN and its governor to pay the plaintiff N10million in damages “for the willful refusal of the first and second respondents to release information in respect of the applicant’s letter dated October 19, 2017”.

    The grounds for the prayers include that the applicant, being a civil society organisation that advocates for public interest issues and engages in anti-corruption and other related campaigns, was entitled to the information sought under the FOI Act.

    In a supporting affidavit, ASRADI’s Executive Director Adeolu Oyinlola stated that his group had, through a letter of October 19, 2017 filed under the FOI Act, applied to the CBN and it governor for information on the country’s expenditure on Buhari’s treatment in London, but was ignored by them.

  • Ogun PDP: Court orders INEC, PDP to obey judgment

    Ogun PDP: Court orders INEC, PDP to obey judgment

    The Federal High Court in Lagos at the weekend ordered the People’s Democratic Party (PDP) to recognise the Adebayo Dayo-led executive in Ogun State.

    Justice Mohammed Idris held the executive’s tenure will not expire until May 2020.

    The PDP in Ogun has been embroiled in leadership tussle, leading to factional crisis.

    The suit was filed by a member of the PDP National Working Committee, Adewole Adeyanju, Ogun State Youth Leader Femi Alao, “national delegates” for Sagamu and Ijebu North Local Government Areas Idris Muniru and Chief Tuke Omotara, chairman of Ijebu East LGA Badejo Abiodun and chairman of Sagamu LGA Kola Akinyemi.

    They sued for themselves and on behalf of “PDP Ogun State Delegates to the National Convention”.

    The defendants include the Independent National Electoral Commission (INEC), PDP, Tunde Odanye and others.

    The plaintiffs urged the court to hold that there was a subsisting and binding judgment and orders of the Federal High Court in Lagos and Abuja delivered and issued on June 24, 2016 and on August 10 last year.

    The plaintiffs said by virtue of the court verdicts, only they were entitled to attend and participate in PDP conventions.

    They urged the court to restrain the PDP Caretaker Committee in Ogun State from usurping the plaintiffs’ functions as “authentic officers of the Ogun PDP Executive Committee” led by Chief Adebayo Dayo.

    Justice Idris, in his verdict, dismissed the defendants’ objection on the ground the plaintiffs are beneficiaries of the judgement delivered by Justice Ibrahim Buba in a suit no FHC/L/CS/636/2016.

    Justice Buba held that the tenure of the Adebayo Dayo led executive subsists until May 2020.

    Affirming the judgment, Justice Idris directed INEC and the PDP (first and second defendants) to obey Justice Buba’s orders.

    The court also nullified the congresses held in defiance to Justice Buba’s judgement and orders.

    The court nullified the appointment of Odanye and others as Ogun State PDP Caretaker Committee, saying their appointment was contrary to Justice Buba’s judgment which affirmed Adeboyo Dayo -led exco.

     

  • Court issues bench warrant for arrest of Innoson Group boss

    Court issues bench warrant for arrest of Innoson Group boss

    Justice Mojisola Dada of an Ikeja high court yesterday issued a bench warrant for the arrest  of the Chairman of Innoson Group, Innocent Chukwuma, for failing to appear before the court to face his trial.

    Justice Dada ordered that Mr Chukwuma should be arrested and kept in custody until March 14, 2018 for arraignment.

    Justice  Dada issued the bench warrant following the failure of the defendant to appear in court for the second time for arraignment on criminal charges filed by the Economic and Financial Crimes Commission (EFCC) against him.

    “A bench warrant is hereby served on Innocent Chukwuma. He will remain in custody till the next adjourned date.

    “The case is adjourned till March 14 for possible arraignment,” Justice Dada said.

    Earlier, during the proceedings, a mild drama ensued in the courtroom, with Justice Dada threatening to commit to prison, Prof. J. N Mbadugha, the defence counsel for Innoson and Innoson Motors Limited, for contempt of court.

    Charles Chukwuma, a third defendant, who was not present in court, had no legal representation.

    Rather than justifying why his client was not in court, Mbadugha in anger told the court that there are pending applications before her lordship and the Court of Appeal which had to be entertained before there could be further proceedings on matter before the court.

    But the judge insisted that he could only address her after his clients are in the dock.

    In anger the defence counsel demanded that the judge disqualify herself from the trial.

    He further told the judge that she was overriding the Supreme Court decision.

    The judge  attempted to calm him down,  tactfully reminding  him to respect and address the court, but the defence counsel refused to be persuaded.

    Mbadugha in his address retorted: “This proceeding is a clear abuse of court processes. The EFCC is a reckless arbiter.

    “My Lord has refused to be bound by the rule of law and doesn’t want to be bound by the doctrine of Stare Decisis; my Lord wants to override the decision of the Supreme Court.”

    Justice Dada, in response, said: “Your whole comportment, conduct, countenance smack of disrespect to the court and rule of law. I will report you to the Nigerian Bar Association.

    “You are insulting the court. This is clear contempt in the face of the court. You will go to prison from here, if you think the court is defenceless and powerless, you’d be surprised.”

    In his response, Mbadugha threw caution to the wind and said he was ready to be charged for contempt, and even make all sacrifices for his client.

    At this stage, the court asked him, “so you are ready to go to prison for your client? Do you realize you have committed contempt in the face of the court and you can be sent  to prison?”

    Realizing the import of his outbursts against the court, Mbadugha quickly  tendered an apology to the court, saying: “I am sorry, My Lord, I hope the court gives me a second opportunity.

    “I want to urge the court to temper justice with mercy. To err is human, but to forgive is divine.”

    The defence counsel apologized to the court, saying he had withdrawn his earlier statements and was forgiven.

    EFCC counsel, Mr. A.B.C Ozioko, while  addressing the court,  asked that a bench warrant be served on the defendants for non-appearance at the court.

    He  faulted arguments of the defence that they appeared before the Senate Committee on corruption on same issue, but failed to come to court to answer charges.

    “We were here on the 17th of January, but the defence was represented by a lawyer and you made an order to serve the lawyer. We have another person who is here on behalf of the first and second defendants. They were physically present at the National Assembly on Wednesday, but the wise senators decided this is a matter already before the court. They have respect for the legislative assembly but none for the court. “

    He explained further that the defendants have criminal charges against them and they have to come to court.

    He expressed surprise that his learned friend was in court full of venom and disrespect for the court.

    He said: “The first and second defendants are not here because he has advised them not to be here. He has told those who are not lawyers not to be here. But whatever the case, having been duly served, they have submitted to the court, their lawyer is here, the other lawyer was here to represent them.

    When Justice Dada, however, inquired about the third defendant from  Mr. Ozioko, he replied “we got across to the third defendant. We are prepared to amend the charge. However, we shall be applying for a bench warrant on all the defendants particularly the second defendant.

    The judge granted the request of the prosecution and issued a bench warrant for the arrest of  Mr. Chukwuma.

    The court ordered that he should be arrested and kept in custody until  the next adjourned date, March 14, 2018.

     

  • Rickey Tarfa has case to answer — Court 

    Rickey Tarfa has case to answer — Court 

    A Lagos High Court in Igbosere yesterday dismissed the no-case submission made by a Senior Advocate of Nigeria (SAN), Rickey Tarfa.

    Justice Adedayo Akintoye ruled that the prosecution – Economic and Financial Crimes Commission (EFCC) – had established essential elements of the offences it brought against Tarfa.

    The judge noted that the justice of the case thus requires that the court should demand some explanation from the defendant in respect of the charge.

    She ordered Tarfa to enter his defence on the next adjourned date, March 13, 2018.

    Justice Akintoye also dismissed a claim filed by the Learned  Silk seeking N520 million from the EFCC as damages for alleged malicious prosecution.

    The judge described it as unmeritorious.

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

    He was accused of the 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.

    Last January 17, the Silk, through his counsel, Abiodun Owonikoko (SAN), made a no-case submission asking the court to dismiss the charge because it was malicious.

    He prayed the court to make an example of the anti-graft agency and “slam the hammer” on it with a N500m damages award.

    ”The specific ingredients were not proven. It is not as if the prosecution did not make an attempt, but that the attempt was so woeful,” Owonikoko submitted.

    But the EFCC counsel, Mr Rotimi Oyedepo, opposed Tarfa’s no-case submission, “because it amounts to contesting the obvious.”

    According to  Oyedepo, Tarfa misconstrued the no-case submission.

    However, in her ruling yesterday, Justice Akintoye upheld the prosecution’s argument that a prima facie case had been made against the defendant.

    The judge said: “What is expected of this court at this stage of no-case submission is to look at the evidence adduced so far and determine whether a prima facie case has been disclosed against the defendant.

    “At this stage also the prosecution is not required to have established its case beyond reasonable doubt against the defendant as the guilt of the defendant is not in issue at this stage.

    “I have carefully evaluated the evidence so far, with the totality of evidence adduced before this honourable court, it is my opinion that the prosecution has established the essential elements of the alleged offences with which the defendant is charged.