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Tag: Court

UNILAG student was raped, doctor tells court

An Ikeja High Court heard yesterday how two brothers, Bright Nwachukwu and Chijindu Nwachukwu raped and defrauded an undergraduate of the University of Lagos (Unilag).

Bright, 32 and Chijindu, 24, are facing a three-count charge of obtaining under false pretences and rape before Justice Josephine Oyefeso.

They were alleged to have accosted the 21-year-old undergraduate on February 12, 2016, on her way to the campus for medical clearance.

Led in evidence by the prosecuting counsel, Mrs C. K Tunji-Carrena, Dr Alagbe Oyedeji of the Department of Family Medicine, Lagos State University Teaching Hospital (LASUTH) said he was testifying on behalf of one Dr Sholaja, who prepared a report dated February 13, 2016.

He described Sholaja as his colleague, adding that the doctor was no longer with LASUTH.

The witness, a consultant/examiner with Mirabel Centre, which handles rape and related cases, said his job entailed “examination, treatment and writing of reports or examination findings on victims of sexual assault.”

“Being an examiner and also someone experienced in the day-to-day activities of the Mirabel Centre, I’m here to interpret the examination findings,” he said.

The findings, he said, started from when the client entered into the examination room, pointing out that she was found to be quiet and willing to give information. He said the victim was in good state of mind, alert and well-oriented about time and place.

“The gross physical findings indicate that there are no significant injuries to her physical structure. Significant findings on her genitalia indicate injuries; there was a focus of injury to the entrance of the urethra. The hymen had injuries called lacerations and the posterior forcet had superficial lacerations”, he stated.

Oyedeji explained that the doctor concluded that his findings were consistent with the victim’s claim that she had forceful penetration into her private parts, adding : “the force in this case, as described by the victim happened to be the male organ.”

Under cross-examination by Mr Oganihu Nwosu, the defence counsel, the doctor admitted that the complainant never named the defendants as those who raped her.

He also noted that the examination report revealed that the victim had a genital infection before the rape.

“Part of the report said that there was a copious discharge on the client’s genitalia. Analysis was not done on the discharge and it was observed that the client had a staphylococcus infection,” Oyedeji said.

The trial resumes on February 19.

January 24, 2018
EFCC urges court to revoke Metuh’s bail

The Economic and Financial Crimes Commission(EFCC), the prosecuting agency in the ongoing trial of former Peoples Democratic Party( PDP) spokesman, Olisah Metuh, has urged the court to revoke Metuh’s bail.

Mr Sylvanus Tahir, counsel to the EFCC, who made the application at the resumption of hearing of the matter on Tuesday at the Federal High Court, Abuja, said Metuh should be remanded in prison.

Tahir said the application was based on the grounds that Metuh had breached the terms of the bail granted him by the court, by being absent in court for two days with no cogent reason.

The prosecutor asked the court to discountenance the submissions of the defence as to why Metuh was absent in court.

“Since the defendant has been absent from court for two days for inexplicable reasons, and bearing in mind that the defendant is enjoining the bail of the court and has undermined the purpose of the bail.

“The prosecution is constrained to apply for the revocation of the bail pursuant to Sections 137(b) and 169 of the Administration of Criminal Justice.

” We urge the court to revoke the bail and commit the defendant to prison pending the determination of his case.”

He further told the court that he was vehemently opposed to the application to vacate the days already fixed for trial and adjourn to the next dates convenient for the court.

On the said medical report sent to the court by Dr. O.C. Ekweugwu of the Nnamdi Azikiwe Universiry Teaching Hospital, Anambra, the prosecutor said there was nothing before the court to prove the authenticity of the letter.

“The letter ought to have come by way of an affidavit, but nobody has deposed to an oath verifying the worth of the so called medical report, rather the report was just dumped in the court.”

He further submitted that it was of no purpose for the defence to ask the court to order an investigation to ascertain the veracity of the medical report.

Mr Onyeachi Ikpeazu (SAN), counsel to Metuh, had in his submission, prayed the court to vacate the earlier dates the court had fixed for the trial and fix fresh dates in the interest of justice.

Ikpeazu urged the court to grant the application on the grounds that his client was currently in hospital undergoing treatment for a spine related illness.

He further submitted that being a criminal case, it was mandatory for his client to be in court since it was against the law to proceed with the matter in the absence of his client.

Mr Tochukwu Onwubufor (SAN), counsel to the second defendant in the matter said that he aligned himself with the submissions of Ikpeazu.

Onwubufor, however, added that there was substantial reason for Metuh’s absence in court.

“There is a letter from the Nnamdi Azikiwe University Teaching Hospital Nnewi, Anambra stating the medical condition of the first defendant.”

On the question of the authenticity of the report and whether the person who signed it was indeed a medical doctor, the counsel asked the court for time to investigate.

Justice Okon Abang said the court noted that there was no proof before the court to show that the person who issued the letter was a medical doctor or an employee of the hospital.

Abang added that the hospital was not a party in the matter and that the person who issued the letter was not in court to testify.

He further wondered how the said letter found its way into the court records.

He adjourned the matter until Jan. 24 for continuation of arguments by counsel.

January 24, 2018
Court awards $10m against Shoprite for breach of contracts

An Ikorodu High Court has awarded a $10 million as damages against the owners of Shoprite Stores in Nigeria, Shoprite Checkers (PTY) Limited and Retail Supermarkets Nigeria Limited for breach of contract entered with A.I.C. Limited some years back.

Justice Lateef Lawal-Akapo also awarded a cost of N1million in favour of the claimant and ordered that the award of $10million damages must include “interest at the rate of 10 per cent per annum effective from the date of judgment, until final liquidation of the entire sum.”

In a judgment delivered by the court, Justice Lawal-Akapo held that contrary to the views of the defendants, (Shoprite Checkers and Retail Supermarkets), “there exist a contract between the claimant and the 1st Defendant (Shoprite) which contract is still subsisting till date”.

In a certified true copy of the judgment by Justice Lawal-Akapo obtained by our correspondent yesterday, the court also established that the defendants was in a breach when it “incorporated a company, established the outlet (Shoprite) in 2005 and was running the same without recourse to the claimant”.

The claimant in the suit, filed through its lawyer, Prof. Taiwo Osipitan (SAN), in 2012, urged the court to among other prayers declare that, “by virtue of the agreement between the claimant and first defendant, the joint venture to be formed by the two parties is entitled to exclusively operate and manage by the first defendant’s Shoprite Brand in Nigeria and elsewhere in the coast of West Africa, except Ghana.

The claimant also sought “a declaration that the agreement for the formation of joint venture between the claimant and the first defendant for the exclusive operation and management of Shoprite brand in Nigeria and the coast of West Africa except Ghana is valid and subsisting.

“A declaration that the incorporation of the second defendant by the first defendant to operate its Shoprite brand in Nigeria is in breach of the agreement,” between both parties.

The claimant prayed the court among other things for payment of $2.2million and N13.6 million as special damages suffered by the claimant as well as an order for payment of $92.3 being loss of profit suffered by the claimant as a result of the breach.

In addition, the claimant urged the court to grant it a sum of $250 million “as aggravated damages for the continue breach of the agreement between the Claimant and 1st Defendant.”

Trial commenced on February 18, 2013, during which the claimant called two witnesses, PW1-Mukaila Raji and PW2-Chief Adeniyi Akande, the business development manager of the claimant company, and several documentary evidences were presented.

The defence team led by Funke Adekoya (SAN) opened its defence on May 5, 2014, and assembled five witnesses, namely-Andre Nico Vanzyl, Anton Andrew Wegenaar, Johannes Hendrik Schreuder, Roelof Louis Barry Slabbert and Malcoln Lawrence Aberman.

The claimant argued that evidence showed that “the essential ingredients for the formation of a contract namely :- offer, acceptance, consideration and intention to create legal relation” have been presented.

The defendants prayed the court to determine among other things whether the claimant has established the “existence of joint venture agreement or any other agreement between the claimant and the first defendant; and whether the claimant has established any claim against any of the defendants.”

The defendants submitted that – “there is no offer and acceptance which are fundamental requirements of a valid contract from evidence led by the claimant.”

In his judgement, Justice Lawal-Akapo held that the prayers of the claimant succeeded in part and awarded damages in its favour.

According to the court, it has been established that there can be acceptance by conduct not necessarily in writing as canvassed by counsel to the defendants.

“I therefore hold that there can be an acceptance by conduct and not necessarily in writing.”

On damages claimed by the claimant, the court held, “in essence to award exemplary damages alongside aggravated damages will tantamount to double compensation, which is against the spirit and intendment of the law.

“In this case, the claimant had incorporated a company A.I.C. -Shoprite Nigeria Limited in the hope of a Joint Venture for establishment and running of a Shoprite outlet. The Defendant went behind, incorporated a company, established the outlet in 2005 and was running the same without a recourse to the claimant. The claimant can adequately be compensated,” the court held.

January 23, 2018
Jonathan’s wife’s property: Court orders probe

The Federal High Court, Abuja, has ordered an investigation into the allegations that a property belonging to former First Lady, Mrs Patience Jonathan, was demolished in Abuja.

Justice Nnamdi Dimgba gave the directive yesterday following submissions by Jonathan’s counsel, Mr Mike Ozekhome, that the property was demolished by an agency of the Federal Government.

The building belonging to Aruera Reachout Foundation/Women for Change and Development Initiative is an uncompleted structure, said to be located on Shehu Yar’Adua Way along Mabushi-Kado Life Camp Expressway, Abuja.

The Economic and Financial Crimes Commission (EFCC) had filed an ex parte motion asking the court for temporary forfeiture of the property, but Ozekhome filed an objection.

Ozekhome and counsel to the EFCC, Mr Benjamin Manji, were in court for hearing of the applications when Ozekhome raised the issue of the alleged demolition.

He told the court that he had video recordings and pictures of the demolition.

He insisted that the state of the property should be ascertained before the suit could proceed.

Ozekhome explained that the exercise would afford him the opportunity to file a proper affidavit and exhibit video recording, pictures and newspaper publications of demolition of the property.

But Manji told the court that he was not aware that the property was demolished.

“I am hearing for the first time that the property, the subject of the suit, has been demolished.

“If that is true, it is certainly not by us. Our mandate is clear; it does not include demolition. We need to confirm if the property is still in existence before we can proceed with our application for temporary forfeiture,” he said.

In his ruling, Justice Dimgba said the status of the property must first be ascertained as the court could not act in vain.

“I will adjourn for the claim that the property has been demolished to be ascertained to enable the court to know what proper steps to take.”

The judge adjourned the matter until February 26 for a report on the state of the building and possible hearing of the applications for forfeiture and the objection to it.

January 23, 2018
Royalty: Court awards N5.4b against Multichoice

Justice Mohammed Idris of the Federal High Court in Lagos has awarded N5.4billion against Multichoice Nigeria Limited for alleged copyright infringement.

The judgment came after eight years of copyright legal tussle between Multichoice and the Musical Copyright Society of Nigeria (MCSN) Ltd./GTE.

Multichoice had sued MCSN in 2011, claiming some damages, but MCSN counter-claimed.

Justice Idris, in the verdict delivered last Friday, struck out Multichoice’s suit and ordered it to pay MCSN the money.

He held: “The court having delivered judgment this 19th day of January, 2018, striking out the plaintiff’s claims, it is hereby ordered as follows: that judgment is entered in favour of the defendant/counter-claimant in the following terms: N5,490,652,125.00 only as damages.”

The amount includes N200million and N309million awarded to MCSN as general and aggravated damages against Multichoice, and N197million as Value Added Tax (VAT) payable to the Federal Government.

MCSN, in its counter-claim, accused Multichoice of infringing on its copyright by using 18 songs without permission, including ‘Konko Below’ and ‘Never Far Away’ by Bisade Ologunde, alias Lagbaja; “ No Ordinary Love”, “Love Is Stronger Than Pride”, and “Is it A crime” composed and authored by Shade Adu and Mathewman Stuart Collin; “Three Little Birds”, “One love” and “Turn Your Lights down Low” by Robert Nesta Marley, aka Bob Marley among others.

MCSN argued in its counter-claim: “The defendant to the counter-claim did each of these acts in the course of and to promote their businesses and to make profit without the authority or license of the counter-claimant and the counter-claimant has suffered loss and damage.”

Multichoice, in a statement, last night said it has filed an appeal as well as a stay of execution against the ruling of the Federal Court.

“MultiChoice has filed an appeal as well as a stay of execution against the Federal Court’s judgement. However as the case remains Sub Judice, we are prevented from providing further details at this point.”

January 23, 2018
AMCON: we’re in court with Kanu over debt

The Asset Management Corporation of Nigeria (AMCON) yesterday said it has exhausted all avenues of peaceful resolution on the debt allegedly owed the corporation by the promoter of The Hardley Apartments and former captain of the Nigeria Super Eagles, Nwankwo Kanu.

Inastatement released yesterday, AMCON said it had in 2015, obtained an order from the Federal High Court, which gave the corporation permission to take possession of The Hardley Apartments located at No. 46 Waziri Ibrahim Crescent, Off Elsie Femi – Pearse Crescent, Off Adeola Odeku Street, Victoria Island in Lagos State. This order still subsists, pending the determination of the substantive matter

It said: “AMCON is not in the habit of joining issues with obligors on the pages of the newspapers especially when the matter is in court as in this one. However, as a law abiding recovery agency of the Federal Government of Nigeria, we are at all times guided within the confines of the law and would continue to act accordingly”.

The corporation said reports on the debt are brazen falsehood meant to mislead the public on the true position of the debt to the corporation”.

“We also want to put on record that having exhausted all avenues of peaceful resolution as a result of the huge debt, AMCON in 2015 obtained an order from the Federal High Court, which gave the Corporation permission to take possession of The Hardley Apartments located at No. 46 Waziri Ibrahim Crescent, Off Elsie Femi – Pearse Crescent, Off Adeola Odeku Street, Victoria Island in Lagos State. This order still subsists, pending the determination of the substantive matter”.

The public should therefore please disregard these misrepresentations as we await the pronouncement of the court on the matter.

January 23, 2018
Teacher in court over alleged raping of neighbour’s daughter

A 38-year-old man, Joshua Babatunde ,was on Monday arraigned in an Ikeja Chief Magistrates’ Court, for allegedly raping his neighbour’s daughter.

The defendant, a teacher, who resides at No.7, Ogunshola St., Alaguntan, Alimosho, a suburb of Lagos, is facing a charge of rape.

The prosecutor, Sgt. Raphael Donny, told the court that the offence was committed on Jan. 11, at Animashaun St., Alaguntan, Lagos.

Donny said that the defendant lured the 16- year –old girl to his friend ‘s house under the pretext of sending her on an errand, but shut the door and raped her.

“The defendant had sexually molested the girl for about three times in his friend’s house, and had always threatened to deal with the girl if she talks.

“The defendant’s friend didn’t know anything about this because he traveled and gave the house key to his friend,” he said.

Read Also: Court sentences student four months in prison for cheating

Donny added that luck ran out of the defendant when one of the neighbours peeped in through the window and caught him molesting the girl.

“The woman who saw him raised an alarm and the defendant was apprehended,” he said.

The offence, according to the prosecutor contravened Section 259 of the Criminal Law of Lagos State, 2015.

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

The Chief Magistrate, Mrs Folakemi Davies –Abegunde, granted the defendant bail in the sum of N400, 000 with two sureties in like sum.

The case was adjourned until Feb. 26 for mention.

NAN

January 22, 2018
Carpenter pleads guilty to raping 18-year-old daughter

A 45-year old carpenter, Olumide Akinleye, who allegedly cohabited with and raped his own daughter, is to remain behind bars pending judgment, an Iyaganku Chief Magistrates’ Court ordered in Ibadan on Friday.

Chief Magistrate Modina Akanni, who gave the ruling, said Akinleye should be kept in police custody until when hearing would begin.

The News Agency of Nigeria (NAN) reports that the lustful father had admitted committing the offence.

Akinleye, who lives in Odo-Ona Elewe in Ibadan, is facing a charge of having unlawful carnal knowledge of his biological daughter.

Read Also; My nephews ‘raped’ two of my daughters, mother alleges

Earlier, Police Prosecutor Sunday Fatola told the court that Akinleye had a carnal knowledge of his 18-year-old daughter in their apartment.

“Akinleye, who is cohabiting with his daughter in his one-room apartment, raped her several times between September and December 2017.”

He said the girl had confessed during investigation that she confided in her father’s friend about the several sex bouts against her will.

The offence contravened Section 214 of the Criminal Code, Laws of Oyo State 2000.

The case has been adjourned until Jan. 25 for facts and sentence.

January 19, 2018
Court orders operators to pay Shippers Council N1tr

The Court of Appeal sitting in Lagos has dismissed an appeal by the Seaport Terminal Operators Association of Nigeria (STOAN) against the Nigerian Shippers Council (NSC).

It affirmed the Council’s powers to fix shipping charges.

The appellate court, in the lead judgment by Justice C.N Uwa, upheld the judgment of Justice Ibrahim Buba of the Federal High Court in Lagos and all the reliefs granted in the defendants’ favour.

The defendants (respondents) are the NSC represented by Olisa Agbakoba (SAN) and the Registered Trustees of Shippers Association, Lagos State.

The plaintiffs (terminal operators) had prayed the court to hold that their activities are governed by the lease agreements they entered into with the Federal Government.

Dismissing the plaintiffs’ case, Justice Buba, in November 2015, affirmed NSC’s appointment as the economic regulator for the Seaports in Nigeria and its powers to impose charges.

The judge held that the Shipping Line Agency Charges (SLAC) levied and collected from Nigerian shippers by the shipping companies since 2006 was illegal.

He said the shipping companies should pay to NSC all fees collected since 2006, which is estimated to be above N1trillion.

January 18, 2018
Driver in court over abduction of neighbour’s wife

A 36-year-old man, Emmanuel Peter, has appeared before a Karu Grade 1 Area Court, Abuja, for allegedly abducting his neighbour’s wife, Felicia Akpeku.

The defendant, a driver, is facing a charge of abduction, which contravened the provisions of Section 27 of the Penal Code.

Peter denied committing the offence, while the judge, Mr Hassan Ishaq, admitted him to bail in the sum of N100, 000, with one surety in like sum and adjourned the case until Feb.9.

Read Also: Only court can bar Fayemi from politics, Ekiti APC tells Fayose

The prosecutor, Mr Mahmud Ismail ’la, had earlier told the court that one Akpeku Godwin, who resides in Area A, Nyanyan, Abuja, reported the matter at Nyanyan Police Station on Jan. 12.

According to Ismail’la, “in the early hours of that day, the complainant had a misunderstanding with his wife and she moved out of their home into the apartment of the defendant who was their neighbour.’’

The prosecutor alleged that the defendant accommodated the complainant’s wife till the following day and even gave her some money to travel out of town to an unknown location.

He stated that the defendant accommodated and aided the escape of the complainant’s wife without his consent.

NAN

January 17, 2018