Tag: Court

  • El-Rufai to court: 21,780 teachers already sacked

    El-Rufai to court: 21,780 teachers already sacked

    •Governor vows not to steal money to campaign

    Kaduna State Governor Nasir El-Rufai has said the ruling of the Industrial Court, asking his government to stop the sack of 21,780 primary school teachers, pending the determination of the case, was too late.

    He said the teachers were sacked on November 5.

    El-Rufai, in an interview on a radio programme at the weekend, vowed not to steal to prosecute his second term ambition.

    The governor said those who took the matter to court probably didn’t tell the court about the status of the teachers.

    According to him, his government sacked the teachers on November 5, adding that the government may listen to the judgment on the substantive suit.

    Asked whether the court served the government the interlocutory ruling, El-Rufai said: “We have only read in the newspapers that the court has asked us to stop the sack, but they had been sacked before that ruling. Maybe those who took the matter to the court didn’t tell the court that.

    “For us, we are only working on their entitlements. So, what we can listen to from the court is its judgement on the matter, which will determine whether their sack is right or wrong. But our lawyers will go to the court and argue our case.”

    The governor said those opposing the sack were playing politics with the future of children of the common man, adding that their children don’t attend public schools.

    He, however, vowed to keep his promise to enroll hi son in a public school.

  • Alleged illicit asset acquisition: Court clears Aiteo boss Peters

    Alleged illicit asset acquisition: Court clears Aiteo boss Peters

    The Federal Capital Territory High Court has cleared Aiteo Group  Executive Vice Chairman Benedict Peters of illicit acquisition of assets allegations.

    The court held that the allegations were baseless and  that the assets were not liable to be forfeited to the Federal Government.

    Justice Valentine Ashi, in a December 5 judgment, held: “From the material before me, the defendant (Peters) has a reasonable and verifiable means of livelihood and cannot be said to be living above means.

    “In the absence of any specific offence and proof of commission of crime, the defendant legitimately and lawfully acquired the assets and properties, the subject matter of this suit.”

    The listed assets include 58 Harley House, Marylebone Road, London worth£2,800,000; apartment 4, 5, Arlington Street, London worth £11,800,000; Flat 5, 83-86, Prince Albert Road, London worth£3,750,000, and other assets of Aiteo Energy Resources worth over $4.023billion.

    Others are monies in account numbered 105277 in FBN Bank (UK) in the name of Mr. B and Mrs. N. Peters, monies in account (No 107127) in FBN Bank (UK) of Walworth Properties Ltd, and £36,674.7 held on behalf of defendant in the client account of Clyde and Co. LLP , London.

    The rest are £40,620 held in a correspondent bank account at Ghana International Bank, London, and shares in Walworth Properties Limited, Rosewood Investments and Colinwood Limited.

    The plaintiff, Moses Uyah, in a suit numbered FCT/HC/CV/ 0093/17, alleged that Peters acquired the assets fraudulently because he was unable to account for income or earnings from which such purchases could have been lawfully funded.

    He asked the court not only to find that Peters’ acquired the properties illegally, but to hold that he lived above his means and that funds used acquire the assets were the proceeds of corrupt and illegitimate dealings.

    The plaintiff asked the court to order the forfeiture of Peters’ assets to the Federal Government.

    But, Peters produced evidence of his source of funds, including his business spanning over 25 years in the oil and gas industry.

    He also provided evidence of funding from financial institutions which he invested over several years in his company, resulting in Aiteo Group’s considerable success.

    Justice Ashi found that based on the evidence, Peters established that he had a credible and verifiable means of livelihood.

    The court also held that he legitimately funded the acquisition of the properties identified in the proceedings and therefore could not be accused of living above his means.

    Dismissing the case, Justice Ashi ruled that the “said assets and properties having been legitimately acquired by the defendant cannot be forfeited to the Government under any circumstances.”

    The judge made an order “restraining any person, security agency or authority from disturbing the defendant’s quiet enjoyment of his assets and properties having been found to be legitimately acquired.”

    The judgment follows a similar ruling quashing money laundering charges and bribery of election officials against Peters.

    In the suit numbered FCT/HC/CV/0091/17, the plaintiff, Chief Akimoju Jero, accused Peters and a firm, Northern Belt Oil & gas Company Limited, of offering $115million to electoral officers to alter the results of the 2015 presidential election.

    The plaintiff also urged the court to hold that Peters was liable to prosecution for allegedly making political donations.

    Dismissing the allegations, the court held: “The purported allegation of bribery of electoral officials, contrary to the provisions of Section 124 of the Electoral Act, though not proved by any iota of evidence against the defendants, is also duly discredited by the material evidence before the court such that the allegation cannot stand.

    “The plaintiff’s case is lacking in merit and substance. It shall be and it is hereby accordingly dismissed.”

     

  • Ekiti council chairmen ask court to void nod for fund’s withdrawal

    Ekiti council chairmen ask court to void nod for fund’s withdrawal

    Chairmen of the 16 Local Government Councils in Ekiti State have asked the Federal High Court in Abuja to void the approval given for the withdrawal of $1billion from the Excess Crude Account for the prosecution of the fight against Boko Haram.

    Their request is contained in a suit listing the Attorney General of the Federation (AGF), the 36 governors and the Revenue Mobilisation Allocation and Fiscal Commission (RMFAC) as defendants.

    The Chairmen want the court to restrain the Federal Government, the governors and their agents from giving effect to the appropriation and/ or approval of appropriation of  $1b or any other sum, from the Excess Crude Account of the Federation, as contained in the decision made on December 15, 2017 unless and by means of statutory allocation by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).

    They also want the court to declare that the approval of $1b by the governors to purportedly execute the constitutional duty of the Federal government, which has been sufficiently funded from the Federation Account, without their consent is ultra vires, unlawful, null and void.

    They equally want an order of court declaring that in the discharge of its constitutional duty to safeguard the security and territorial integrity of Nigeria, the Federal Government of Nigeria, being the 1st defendant’s principal (AGF), must be funded in accordance with its Appropriation Act and by means of due accruals from the Federation account only.

    The plaintiffs raised some questions for the court’s determination. They include:

    • Whether by the provisions of sections 153 (1) (h), 162 and paragraph 18, part 1 of the third schedule to the 1999 constitution, the 1st -37th defendants can lawfully appropriate and or approve the appropriation of funds in the excess crude account of the federation of Nigeria, without affecting, reducing or obliterating the plaintiffs’ lawful share of proceeds from the federation accounts.
    • Whether the 2nd defendant can lawfully appropriate and /or approve the appropriation of funds in the excess crude account of the federation of Nigeria, without the consent and /or consultation of the plaintiffs.

    .Whether in the discharge of the federal government’s constitutional duty of safeguarding the security and territorial integrity of Nigeria, (as mandated by section 217 of the 1999 constitution, the Federal government can lawfully resort to funding other than by means of its Appropriation Act.?

    The plaintiffs are: Deji Ogunsakin (Ado LGA); Bola Alonge (Ikere LGA); Lanrewaju Omolase (Ekiti South West LGA); Dapo Olagunju (Irepodun/Ifeelodun LGA); Samuel Adeniyi (Ekiti East LGA); Olumide Falade (Ise/Orun LGA); Sade Akinrinmola (Gbonyin LGA); Tayo Ogundare (Oye LGA); Chief Ayodeji Arogbodo (Ido/Osi LGA) and Taiwo Oguntuase (Emure LGA).

    Others are Kolawole Omotunde (Ekiti West LGA); Bolaji Jeje (Efon LGA); Adesola Adeyanju (Ikole LGA); Ganiyu Bakare (Ilejemele LGA); Adeniyi Adebayo (Moba LGA) and Abiodun Dada (Ijero LGA).

  • Court dissolves marriage over wife’s penchant for twisting husband’s testicles

    Court dissolves marriage over wife’s penchant for twisting husband’s testicles

    An Igando Customary Court in Lagos yesterday dissolved the five-year-old marriage between Mr Chukwuma Onwumere and his wife, Obianuju, following the respondent’s threat to the petitioner’s life by always twisting his testicles anytime they were fighting.

    The president of the court, Mr Moses Akinniyi, said the estranged couple was tired of the marriage, adding that all efforts to reconcile them had failed.

    “Since both parties consented to the dissolution of their marriage, this court has no choice than to dissolve the marriage.

    “The court pronounced the marriage between Mr Chukwuma Onwumere and Mrs Obianuju Onwumere dissolved today (Tuesday); both parties, henceforth, cease to be husband and wife. Both are free to go their separate ways without any hindrance and molestation,” Akinniyi ruled.

    The News Agency of Nigeria (NAN) reports that Chukwuma had earlier told the court that his wife was a threat to his life.

    “My wife had wanted to kill me by always grabbing my testicles anytime we were fighting. Apart from twisting my scrotum, she was always hitting me with dangerous weapons over trivial issues. She once cut me with a machete on my head during one of our fights,” he said.

    The 43-year-old petitioner said his wife was in the habit of going out and returning at will, adding that each time he cautioned her she would engage him in a fight.

    Obianuju also said his wife was fond of disrespecting him and his relations.

    He, therefore, implored the court to dissolve their five-year-old marriage, saying that he was no longer interested in the relationship.

    Obianuju in her submission denied all the allegations levelled against her by the petitioner.

    She said her husband was actually a threat to her life.

    “My husband was always beating me; all the scars on my body were as a result of his battering. There was a day he beat me and one of my teeth went off.

    “There was also a night while sleeping that I saw my husband with a charm in his hand, moving round my bed and reciting some incantations. I quickly stood up from the bed, but he left my room and placed the charm at my door step,’’ the 34-year-old woman said.

    The mother of two said that her husband moved her belongings to her village on the allegation that she had witchcraft.

    “My husband took my property to my parents, saying that he was told by a spiritualist that I am a witch.

    “He told my parents that he was no longer interested in our marriage,” she said.

    She also denied the allegation that she attacked her husband with a machete, saying there was no machete in their matrimonial home.

    The respondent, therefore, pleaded with the court to grant her husband’s wish by dissolving the marriage.

     

  • Court dissolves tricyclist’s marriage for raping wife

    THE marriage of a42-year-old tricyclist,  Mr Olasunkanmi Abdul-Kareem, collapsed yesterday because of his constant rape of his wife, Bolanle, in their  children’s  presence.

    Igando Customary Court President  Moses Akinniyi,  dissolved the 17-year-old marriage because of the couple’s irreconciliable differences

    Akinniyi said the petitioner had remained adamant despite mediation by the court and family members.

    He said: “Both parties henceforth cease to be husband and wife. Both are free to go their separate ways without any hindrances and molestation.

    “Since the petitioner insisted on divorce after several interventions, the court has no choice than to dissolve the union in spite of the fact that the husband still claims he loves his wife’’.

    The News Agency of Nigeria (NAN) recalls that Bolanle  told the court that  Olasunkanmi was fond of molesting her whenever he got drunk.

    “Whenever my husband comes home drunk, he will want to make love to me ‘by fire by force’ and I will caution him not to do it in the presence of our children.

    “He will beat me and make love to me by force while the children watch us.

    “There was a day I came back from work and I met my children, one on top of another doing what they always see their father do to me,’’ the 40-year-old trader said.

    The petitioner said her husband always threatened to kill her.

    “My husband derives pleasure in beating me. There was a day he beat me and broke my leg. One day, he threatened to kill me and I ran to one of my relative’s house.

    “My husband came there and met my sister’s husband ironing his clothes; he snatched the iron from him and started chasing me with it.

    “Seeing his desperation, I ran into the street and my husband still chased me with the pressing iron.

    “Anytime, I reported him at the police station, the police always tell me that it is a family matter and refuse to caution him,’’ she said.

    The woman described her husband as an irresponsible man and father who ‘’does not care about the welfare and education of their children’’.

    “Olasunkanmi neither cares for me nor for the children. I am the one paying their school fees. He has a tricycle that he is using for business but he always uses the proceeds to drink to stupor and usually loses self-control,’’ the  woman said.

    The mother of three begged said she was no longer in love with the husband.

    However, Olasunkanmi, who did not deny the allegation of raping his wife, however, begged the court not to dissolve the union.

    “Please, do not dissolve our marriage, I still love my wife, I know I have made a mistake; I will make amend,’’ he said.

    The 42-year-old commercial tricycle operator admitted that he used to beat his wife, whenever she flouted his orders.

    “I don’t derive pleasure in beating her but I only beat her whenever she disobeys my instruction.

    “The day I snatched the pressing iron from my in-law, I only wanted to use the iron wire to beat her and not to burn her’’.

    He said that he was not a drunk but that he drank moderately.

  • Court orders reinstatement of EKSU student

    Court orders reinstatement of EKSU student

    •Varsity to pay N10m damages

    Four years after he was expelled for alleged rape, a student of Ekiti State University (EKSU), Adedotun Babalola, has won a legal battle for his reinstatement.

    An Ekiti State High Court, sitting in Ado-Ekiti, the state capital, ordered Babalola’s reinstatement.

    It also ordered the university to pay the student N10 million in damages.

    The judgment followed a suit bordering on the breach of fundamental human rights the plaintiff filed against the university.

    Babalola averred that he was expelled from the university without any court or tribunal finding him guilty of the alleged offence.

    Joined as respondents in the suit are: EKSU, the vice chancellor, the Senate, the Registrar and the university’s council.

    Justice John Adeyeye, who granted the reliefs the plaintiff sought, held that Babalola’s expulsion constituted a breach of fundamental human rights to fair hearing.

    The judge also ruled that EKSU was wrong to have terminated Babalola’s studentship without his prior trial.

    He ordered the university to allow him to continue his studies without further delay.

    Apart from the order to pay the plaintiff N10 million for aggravated damages, Justice Adeyeye also ordered the university to write a letter of unreserved apology to be published in three national newspapers, on the expulsion.

    Babalola and Omoteye Olalekan were arraigned before another court, presided over by Justice Ayodeji Daramola, for allegedly having unlawful carnal knowledge of Bosede Olabanji on March 6, 2013.

    The plaintiff’s lawyer Magnus Ejelonu hailed the court for redressing what he called a wrong action against Babalola.

    EKSU’s lawyer Ajide Olayemi said he would consult with the management to know the next line of action.

    Justice Daramola said he struck out the case “in the interest of justice” and because of prosecution’s shoddy handling of the matter and the non-interest of the victim of the alleged rape.

    The plaintiff filed a suit for the enforcement of his fundamental human rights, following the refusal of the university to reabsorb him after the case of rape against him was struck out.

     

  • I didn’t kill my neighbour, defendant tells court

    I didn’t kill my neighbour, defendant tells court

    A 31-year-old man, Ibrahim Tijani, who allegedly macheted his neighbour, Bashorun Okanlawon, to death,  has denied the allegation.

    Under cross examination yesterday by Lagos State Attorney-General and Commissioner of Justice Mr Adeniji Kazeem, Tijani said though he had a fight with Okanlawon, he did not kill him.

    Tijani is facing a one-count charge of murder, which is  punishable under Section 221 of the Criminal Law of Lagos State, 2011.

    The defendant, who lives in an uncompleted building with the deceased, at Okun in Ajah ,  Lagos, pleaded not guilty when he was arraigned on  January 21, 2016.

    He told Justice Adedayo Akintoye that on the fateful day, the deceased poked his eye with a stick and it became red. He claimed that he was also injured in the stomach.

    The defendant said the deceased never complained about fume from his generator, which was the cause of their January 21, 2016 fight.

    He said before the fight he never had any disagreement with the deceased.

    Tijani claimed that the deceased had also finished a bottle of dry gin and taken Indian hemp before the fight.

    The defendant said the cutlass he wielded only fell on the deceased’s foot, stating : “I did not kill anyone, I was surprised when they said he died.’’

    When the prosecutor asked him if he was in court the day the pathologist testified that the deceased died of a deep cut, Tijani said he did not understand  the English that the doctor spoke.

    Justice Akintoye adjourned  to January 11, 2018.

    On October 24, the deceased’s son, Adeola Okanlawon, told the court how the defendant killed his father with a cutlass.

    Adeola, the first prosecution witness, said Tijani killed his father following their  disagreement over  fume coming from the defendant’s generator.

    According to Adeola, his father asked the defendant to change the generator’s position  to stop the fume from entering his room, but the defendant refused to do so.

    “Disagreement between my father and our neighbour over fume coming out from the neighbour’s generator set, caused the death of my father. My father had to push the generator away from its former position, but did not throw it away.

    “The defendant fought with my father which led to his death.

    “When the defendant was cutting my father with cutlass, I pleaded with him not to kill my father, but he refused to listen to me,” Adeola said.

  • Court has not sacked me, says senator

    Court has not sacked me, says senator

    Kogi East Senator Attai Aidoko last night denied news making the rounds that the Court of Appeal siting in Abuja sacked him over a pre-election matter.

    The senator told our correspondent: “The news is fake. What happened in court today (Appeal Court -Abuja) is this:  I was the first to approach the court for referral on whether it has jurisdiction and when the court ruled today, the judges said my application was not a constitutional one and that we should go back to the Federal High Court. They have not even gone into the matter.

    “In any case, it’s a pre-election matter. There is nothing like that (declaring his seat vacant). The court has not given its judgment. It is completely fake news.

    Senator Aidoko contested the Kogi East PDP primary along with AirVice Marshall Isaac Alfa and others. He was declared winner. Alfa challenged the results and was sworn in as senator for a brief period. Aidoko upstaged him  through a court judgment.

  • Woman in court over attempt to steal child in Mosque

    Woman in court over attempt to steal child in Mosque

    The police on Monday arraigned a 38- year-old woman, Juliet Ajagun in an Ikeja Chief Magistrates’ Court in Lagos over attempt to steal child in Mosque.

    The woman, a trader, who resides at No. 20, Abuke St., Ijegun, suburb of Lagos, is facing two-count charge of stealing and causing breach of peace.

    The prosecutor, Insp. Clifford Ogu, told the court that the offences were committed at Muyi Opaleye St., Ijegun, on Dec. 12.

    Ogu said that the defendant went to a Mosque and took away a child while the mother was praying.

    Read Also: Woman jailed for ordering boyfriend’s murder

    He added that the defendant was sighted by one of the women in the congregation who raised an alarm and Ajagun was apprehended immediately.

    Ogu said the defendant was handed over to the police, noting that the offences contravened sections 168 (d) and 277 (b) of the Criminal Law of Lagos State, 2015.

    However, the defendant pleaded not guilty and the Chief Magistrate, Mrs Taiwo Akanni, granted her bail in the sum of N100,000 with two sureties in like sum.

    Akanni adjourned the case until Jan. 31, 2018 for mention.

  • Court discharges eight for lack of diligent prosecution

    Court discharges eight for lack of diligent prosecution

    Magistrate Bola Osunsanmi of an Ikeja Magistrate court yesterday ordered the immediate release of eight youths alleged to be cult members.

    Magistrate Osunsanmi at resumed proceedings yesterday said she decided to release them for lack of diligent prosecution by the prosecution.

    The magistrate noted that after the youths appeared in court, Investigating Police Officer (IPO) stopped coming.

    Those who regained freedom yesterday include Segun Oderinde, Uche Obasi, Samson Olufemi, Korede Adisa, Toyin Kafilat, Oniyide Samuel, Kamoru Jimoh and Udoh Ezekiel

    The children aged between 13 and 19 years were among those arrested sometimes by Rapid Response Squad (RRS) on February 2016 for allegedly belonging to “Awawa” confraternity in Agege during police raids of criminal hideouts in the area.

    Their arrest was sequel to complaints from residents that some group of young boys and girls were making lives difficult for them and disrupting the peaceful atmosphere in Agege and its environs.

    The trial magistrate however warned them to stay away from cultism and other negative vices.

    Magistrate Osunsanmi ordered their parents and guardian to monitor them properly at home as it appeared they were not keeping proper watch on them.

    She said this was why they find themselves in unpleasant predicament.

    Osunsanmi frowned at the response of the suspects that they were indiscriminately arrested in a bus and from various locations.

    A defendant counsel to some of the child-offenders, G.O Adesanya had corroborated their explanations by stating that the suspects were picked up while coming from a party in the early hours of the day they were arrested.

    He told the court during earlier proceedings that the police arrested the youths on sighting tattoos on one of them.