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Tag: Court

Alleged diversion of N16.6b: Court sends Suswam’s ex-aide, two others to prison

A Federal High Court in Abuja has ordered that an ex-aide to former Benue State Governor Gabriel Suswam and two other state officials be remanded in Suleja prison in Niger State for their alleged complicity in the fraudulent diversion of N16.6 billion.

The three are Solomon Wombo, Asen Sambe and Isiah Ipevnor.

Wombo was Special Adviser to Suswam on Bureau of Local Government and Chieftaincy Affairs, who doubled as the chairman, Joint Allocation Account for Local Government Committee.

Sambe was Permanent Secretary of the Bureau of Local Government and Chieftaincy Affairs and also served as the Secretary to the Joint Account Allocation for Local Government Committee.

Ipevnor was director of Accounts and Finance in the state’s Bureau of Local Government and Chieftaincy Affairs and secretary.

Justice Nnamdi Dimgba ordered that the three be remanded in prison while granting them bail.

Justice Dimgba, who rejected the defence’s request that the defendants be remanded in police’s custody, ordered them to remain in prison until they are able to perfect the bail granted them.

Wombo, Sambe and Ipevnor were arraigned on a nine-count charge filed by the office of the Attorney General of the Federation.

They were accused, among others, of fraudulent diversion of N16.6 billion from Benue State’s bank accounts dedicated for the Subsidy Reinvestment and Empowerment Programme (SURE-P) and the Joint Allocation Account for Local Government funds.

After their arraignment, lead prosecution lawyer Aminu Akilu urged the court to remand the defendants in prison pending when their bail applications would be heard.

The judge, however, noted that the offences for which the defendants were arraigned were bailable.

He advised parties to agree on conditions to be attached to the bail to be granted to the defendants.

The judge later stood the case down to enable parties confer and agree on the bail conditions.

The parties, with Akilu (for prosecution) and Innocent Daa’gba later met briefly outside the courtroom, during which they agreed on some conditions, which the judge consequently accepted, but with some modifications.

Justice Dimgba granted bail to the defendants at N100million each with two sureties, one of who must be a civil servant, who must not be lower than an Assistant Director in any state or federal ministries or other government establishments.

The other surety, the judge said, could be a private businessman or woman, who must own a property in the municipal area of Abuja, worth N100 million.

He said civil servant, who accept to serve as surety, must also present his/her letter of appointment, last promotion letter and staff identity card or driver’s licence.

The judge ordered the defendants to deposit their passports and other travel documents and must not travel outside the country without the court’s permission.

The prosecution accused the defendants of fraudulently diverting N16,604,314,604.01 belonging to the 23 local government areas in Benue State.

It said of the N16.6 billion, the defendants, between June 15, 2012 and May 29, 2015, allegedly diverted N7,032,333,506.28 from the state’s “SURE-P Local Government component” bank account into the account of Benue State Local Government Joint Account, with the aim of concealing the money and for their own personal benefits.

Before the defendants were arraigned, Akilu told the court that although the alleged offences were committed in Benue State, the prosecution chose to file the charge in Abuja because of the insecurity in the state before now.

Although the defence lawyer agreed that the trial could be conducted in Abuja, Justice Dimgba noted that it was possible that the case could be heard speedily in Makurdi, where there were few of such high profile cases.

The judge asked parties to reflect on his observation and adjourned to December 18.

November 14, 2017
Applicant in court for alleged sexual assault

A 38-year-old applicant, Tony Allan, has been arraigned at an Ikeja Chief Magistrates’ Court in Lagos for allegedly sexually assaulting a neighbour’s daughter.

The defendant, who lives at 9, Ali Street, Olowora, Ogba, Lagos, was arraigned for sexual assault.

The prosecutor, Raphael Donny, told the court that the offence was committed on October 23 at the defendant’s home.

He alleged that the defendant lured the 14-year-old girl into his room on the pretext of sending her on an errand.

“The defendant fingered the girl until she started bleeding. He told her not to tell anyone,’’ Donny said.

He added that when the girl could not bear the pains anymore, she told her mother and the case was reported at the police station.

The offence contravenes Section 261 of the Criminal Law of Lagos State, 2015.

The defendant pleaded not guilty.

The Chief Magistrate, Mrs. Folakemi Davies – Abegunde, granted the defendant bail at N500,000 with two sureties.

She adjourned the case till December 18 for mention.

November 13, 2017
Man, 32, in court for allegedly raping 6-year-old girl

A Birnin Kebbi Chief Magistrates’ Court, on Thursday remanded one Umar Lawalli, accused of raping a six-year-old girl.

The accused, aged 32, is a resident of Yar Fada quarters in Argungu Local Government Area.

The prosecutor, Insp. Bello Sani told the court that the offence was committed in July, and medical records had indicated that the girl was raped.

The prosecutor said the offence was contrary to Section 283 of the Penal Code.

When the charge was read to Lawalli, he pleaded not guilty.

The Chief Magistrate, Malam Muktar Tafarki, ordered that the accused to be remanded until Dec. 8, when the case will come up for further mention.

He ordered the prosecution to conclude investigation and forward the case file to the state Director of Public Prosecution, for advice.

Read Also: Boy, 15, in court for allegedly stealing church bells

November 9, 2017
Man in court over alleged sexual assault on 14-year-old girl

A 38-year-old applicant, Tony Allan, was on Thursday arraigned in an Ikeja Chief Magistrates’ Court, over an alleged sexual assault on neighbour’s daughter.

The defendant who resides at No. 9, Ali St., Olowora, Ogba, a suburb of Lagos, was docked for sexual assault.

The Prosecutor, Sgt. Raphael Donny, told the court that the offence was committed on Oct. 23 at the defendant’s residence.

Donny said that the defendant lured the 14- year-old neighbour’s daughter into his room on the pretext of sending her on an errand.

”The defendant fingered the girl’s private part, until she started bleeding and told her not to tell anyone,’’ he said.

Donny added that the girl could not bear the pain anymore, so she told her mother and the case was reported at the police station.

The offence contravened Section 261 of the Criminal Law of Lagos State, 2015.

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

The Chief Magistrate, Mrs Folakemi Davies – Abegunde, granted the defendant bail in the sum of N500,000 with two sureties in like sum.

Davies – Abegunde adjourned the case until Dec. 18 for mention.

Read Also: Man in court for stealing employer’s N2.7M

November 9, 2017
Two in court for alleged machete attack

Two men — Ojo Akin and Obafemi Oke — who were charged with attacking people with machete and destroying property, have been released on bail at N400, 000 by an Ado Ekiti Chief Magistrates’ Court in Ekiti State.

The accused — Akin, 31 and Oke, 27 — are facing charges of assault and causing damage to property.

The prosecutor, Johnson Okunade, told the court that the accused committed the offences on October 23 at Igbehin Street, Ado-Ekiti.

He alleged that the accused assaulted Mr. Isiaka Jimoh by cutting his right hand with a machete.

Okunade also alleged that the men damaged one grinding machine, valued at N10,000, and two crates of egg, valued at N2,000, belonging to Mrs. Alice Johnson.

The accused allegedly damaged a motorcycle, property of Mr. Kehinde Adeyemi.

The offences contravene sections 355 and 451 of the Criminal Code, Laws of Ekiti State 2012.

The duo pleaded not guilty. Their lawyer, Mr. Busuyi Ayorinde, urged the court to grant them bail, promising that they won’t jump bail.

Chief Magistrate Adesoji Adegboye granted bail to the accused at N200,000 each with one surety, and adjourned the case till December 6 for hearing.

November 8, 2017
Court hears family’s suit against bank, Registrar of Titles Nov. 13

Justice Beatrice Oke-Lawal of an Ikeja High Court has fixed No-
vember 13 for hearing a suit instituted by the Administrators of the Estate of the late Samuel Iyiola Omotoso against Ecobank Nigeria Plc and the Registrar of Titles in Lagos.

It was over a landed property on 5, Oduduwa Street, GRA, Ikeja, Lagos.

The Estate Administrators in the suit numbered ID/3967GCMW/17, which emanated through Originating Summons filed by Rotimi Aladesanmi are: Mrs. Oluwafunmilayo Nwafor, Mrs. Omowumni Olugunja, Mr. Elijah Omotoso and Mr. Emmanuel Omotoso, who are the deceased’s children.

The administrators are contending the propriety of a Mortgage Deed dated August 24, 2001 and registered as No 14 at Page 14 in Volume 2044 at the Lagos State Land Registry in respect of the property, upon which a credit facility of N155 million was extended to JNC Limited by Ecobank.

They contended that there was no loan advanced to alleged borrowing company, JNC Ltd, by the 1st defendant (Ecobank) pursuant to, or consequent upon the deed of tripartite legal mortgage registered as No. 14 at page 14 in volume 2044 at the Lagos State Land Registry.

According to the Claimants, no amount was stated on the deed of tripartite legal mortgage as loan covered by the mortgage, neither is there any date for ‘repayment’ of any loan stated.

They are praying the court to determine three issues: whether by virtue of the deed of conveyance registered as No.32 at page 32 in volume 1605 at the Lagos State Lands Registry, Alausa, Ikeja between Adeleke Adedoyin and Samuel Iyiola Omotoso, as well as the Letters of Administration issued in respect of the Estate of Late Samuel Iyiola Omotoso, the Estate is vested in the Claimants.

The Claimants also want the court, to determine whether by virtue of the Letters of Administration issued by the Lagos State High Court in respect of the Estate of Late Samuel Iyiola Omotoso, the handwriting analysis of the signature of the deceased on the mortgage deed is a forgery, and whether the said Samuel Iyiola Omotoso was not and could not have been party to the said mortgage deed at all.

Further more, the Claimants want the court to determine, whether the fact that JNC Limited, which is the borrower on the mortgage deed, is a legal nonentity and that there was no loan advanced at all before the demise of Samuel Iyiola Omotoso, who was stated to be the Guarantor.

Consequently, they are seeking a declaration that the tripartite mortgage deed between Ecobank Nigeria Plc, JNC Limited and Samuel Iyiola Omotoso, is not valid, null and void and of no effect, whatsoever.

They also want an order, setting aside the tripartite mortgage in respect of the property, as well as an order directing the Registrar of Titles Lagos State (2nd defendant), to forthwith remove from the register the mortgage deed registered as No. 14 at page 14 in volume 2044 at the Lagos State Land Registry, Alausa, Ikeja.

The Summons is supported by 17-paragraph affidavit, deposed to by one Akpobome Deniran, a Legal Practitioner with Rotimi Aladesanmi & Co., and a written address in support of the motion and exhibits, which include a forensic report examination and comparison of signatures from the Special Fraud Unit of the Nigeria Police, Ikoyi, Lagos.

Responding to the suit, the defendants in a preliminary objection, urged the court to strike out the suit for being fundamentally flawed, having been commenced through an originating summons instead of writ of summons.

The defendants stated that, the suit lacked merit, as they were properly in possession of the property by reason of the tripartite mortgage deed.

The defendants averred that, they did not forcibly take possession of the property on November 10, 2016 as deposed to by the applicants, but that AMCON took possession of the property on March 31, 2016, pursuant to the order of court.

They further averred that the deed of legal mortgage, entitles AMCON to sell, assign, retain possession, and occupy the land, the subject-matter of the mortgage.

“The true position of events is that late Samuel Iyiola Omotoso, was the initial owner of the property at No. 5 Oduduwa Street, GRA, Ikeja, Lagos whose title is registered as No. 32 at page 32 in volume 1605 at the Land Registry.

“That the 1st defendant (Ecobank) granted several facilities to JNC Limited, which were secured with a Deed of Legal Mortgage dated 24th August, 2011, and entered between the 1st defendant and Mr. Samuel Iyiola Omotoso, over the property at No. 5 Oduduwa Street, GRA, Ikeja, Lagos and subsequently registered as No. 14 at Page 14, Volume 2044 of the Lagos State Land Registry at Alausa, Lagos.

That the Deed of Legal Mortgage, was executed by the parties in February, 2009, but the Deed was registered in 2011 during the perfection process, to meet the registry requirement since the date on the mortgage forms should not be backdated.

“That upon the expiration of the facility granted by the 1st defendant, JNC Ltd defaulted in its obligations towards the 1st defendant.

“That following the inability of the said JNC Ltd to meet the repayment terms of the facilities granted to it, the loan was sold and assigned to the Assets Management Corporation of Nigeria (AMCON) via a Loan Purchase & Limited Servicing Agreement dated 6th April, 2011”, Ecobank averred.

According to the defendant, Section 44 of the Constitution, does not apply to land taken possession of based on a mortgage.

They also averred that, there is a loan purchase agreement between AMCON and Ecobank Plc, in respect of JNC Limited account and many other accounts.

November 7, 2017
Court to rule on firm’s bail application today

A Federal High Court in Lagos yesterday fixed today for ruling on a bail application of the Managing Director of Tasty Time Nigeria Ltd, Isaac Kole, charged with manufacture of fake products.

Kole, who was arraigned alongside his company – Tasty Time Nigeria Ltd, pleaded not guilty.

News Agency of Nigeria (NAN) reports that the National Agency for Food and Drug Administration and Control (NAFDAC) on November 2 arraigned the accused on a four-count charge bordering on producing fake and unregistered products.

Justice Hadiza Rabiu-Shagari had allowed the accused to continue with the administrative bail granted him and adjourned till yesterday for the determination of his bail application.

The judge ordered the accused to produce a director either from Federal or Lagos State Civil Service, who would sign an undertaking to produce him in court on the next adjournment.

At the resumed hearing yesterday, the case was again adjourned till today, as the court did not sit.

The prosecution alleged that Kole and his company had been using their plant to produce unregistered Tasty Time products.

NAFDAC said the products include Tasty Time juice, Glucosaid Energy drink, Tasty Time Pops orange flavoured drink, Tasty Time Fitz Apple drink and Tasty Time mixed orange flavoured drink.

The accused was also alleged to have packaged and labelled the products in a manner likely to create a wrong impression that they were genuine and sold the unregistered products to the public.

The offences, according to the prosecutor, Mrs. Chinyere Okoli of NAFDAC, contravene sections 1(1), 5(a) and 5(e) of the Foods and Drugs Related Products Act, Laws of the Federation 2004.

November 7, 2017
Three in court for alleged theft

Three men – Lawal Musa, Mubarak Isyaku and Ali Mohammed – yesterday appeared at a Minna Magistrate’s Court in Niger State for allegedly stealing three laptops and three phones.

They are standing trial on a two-count charge of criminal conspiracy and robbery, punishable under sections 97 and 298 of the Penal Code Law.

The prosecutor, Mr. Emmanuel Danladi, said the matter was reported at Bosso Police Division by Dako Dickson, a resident of Western Bye-pass, Minna, on June 20.

He quoted the complainant as alleging that the accused invaded their compound on June 19, armed with cutlasses and axes, and robbed them of the items valued at N588,000.

Danladi said during police investigation, the three men were arrested.

“They confessed to have sold the items to Audu Mohammed, at N174,000,” he told the court.

When the charges were read to the accused, they pleaded not guilty.

The Magistrate, Fati Auna, however, declined to take their plea on the grounds that her court lacked jurisdiction to hear the matter.

She ordered that the trio be remanded in prison custody and directed the police to forward the case file to the State Director of Public Prosecution, for legal advice.

Auna adjourned the case till December 5 for further mention.

November 7, 2017
Court stops Army from demolishing homes

Residents of Mesiogo Estate at Akobo area of Ibadan, Oyo State capital, have obtained an Oyo State High Court order restraining the 2 Division from demolishing their homes or from doing anything that can threaten their peace pending the determination of the motion filed by the residents.

The division, last week, took a bulldozer and other equipment to the community.

It dug ditches in front of houses and created scenes, apparently to intimidate residents.

While the Army insisted that the estate is on its cantonment at Ojoo, the residents said they never encroached on Army’s land.

They produced survey papers showing that the estate is several metres away from the cantonment.

The residents accused the Army of wanting to add Mesiogo to eight other communities, whose land the military reportedly encroached on.

Many houses were marked for demolition a fortnight ago.

In a suit at the State High Court II, Justice A. L. Akintola ordered an interim injunction restraining the Army from “trespassing, demolishing, disposing or further demolishing, disposing or further disposing or in any way interfering with the peaceful enjoyment of the first to fifth claimants’ parcels of land situate, lying and being at Mesiogo Hotel Estate, Alagbode Village, Bodija area, Akobo, Ibadan, Oyo State, pending the hearing and determination of the motion on notice for an order of interlocutors injunction already filed by the claimants/applicants”.

The court adjourned hearing till November 8.

Joined in the suit are: the Chief of Army Staff, Ministry of Defence, Col. Olabode, Warrant Officer Olukokun Nureni, Major Zamani and Captain Oyewale.

The order was dated November 2.

November 6, 2017
AGF to court: Fed Govt has no record of how states spent N388b Paris Club refund

Accountant-General of the Federation (AGF) Ahmed Idris has told a Federal High Court in Lagos that the Federal Government has no record of spending of N388.304 billion London Paris Club Loan refund by 35 states.

Idris stated this before Justice Muslim Hassan on Friday while responding to the suit filed by Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government.

Justice Hassan had in June ruled that SERAP could proceed with the legal challenge to unravel how the 35 states spent the Paris Club loan refund. The court had also granted leave to the organisation that it was important for the authorities “to come and tell us how they spent our money”.

SERAP is seeking “an order of mandamus directing and/or compelling the government to publish details of spending of N388.304 billion London Paris Club Loan refunds allegedly diverted and mismanaged by 35 states”.

Although the money was to be used by the states to pay overdue pensioners’ entitlements and workers’ salaries, Idris, in his defence, told the court that the spending “is protected by professional privilege, and therefore confidential”.

The AGF said: “The relationship between the Accountant-General and the 35 states is professional and confidential. It is a fiduciary one akin to that between a bank and its customer and allied professionals. On that score, record of the spending of N388.304 billion London Paris Club Loan refund by the 35 states is exempted from publication, assuming the Federal Government has the information sought by SERAP.

“The Accountant General does not have custody or possession of the information or record relating to the spending of N388.304 billion London Paris Club Loan refund by 35 states, which the government gave them. The Accountant General did not release the funds to the states.”

He, therefore, urged the court to decline the request of the organisation for an order of mandamus.

But SERAP argued that due to non-payment of overdue pensions and salaries of workers by the states, citizens have continued to languish in untold hardship and poverty.

The organisation contended that there was a compelling public interest in knowing how exactly the Paris Club loan refund were spent by the 35 states.

It noted that there was also no professional relationship or privilege between the Accountant General and the 35 states as to warrant any duty of confidentiality on the part of the Accountant General.

According to SERAP, “There must be transparency and accountability in the spending of the refunds, in line with the principle of Open Government Partnership (OGP) to which Nigeria is a signatory. In addition, section 15(5) of the Constitution of Nigeria 1999 (as amended) provides that the state shall abolish corrupt practices and abuse of power. Citizens must be able to access the performance of government, and this depends on access to record about spending of the refund by the 35 states.

“Assuming without conceding that the Accountant General does not have record of spending of N388.304 billion London Paris Club Loan refund by the 35 states, nothing stops the Accountant General from working with other agencies/ministries to release information on the spending, especially being the Chief Accounting Officer of the Federation, and constitutionally charged with the overall responsibility of keeping and managing all the receipts and payments of the Federal Government.

“The Accountant General cannot, therefore, say he is unaware of the spending of the refunds by the states. Otherwise, this would mean that the Accountant General is lacking in his duty as Chief Accounting Officer of the Federation.”

The Federal Government released N388.304 billion of the N522.74 billion to 35 states as refund of over-deductions on London-Paris Club loans.

November 6, 2017