The Nation Newspaper

Tag: Court

  • Alleged N313m fraud: Court adjourns ruling on bail

    Justice Hadiza Shagari of the Federal High Court in Lagos will on October 24 rule on a bail application filed by four persons accused of N313 million fraud.

    Akala Anthony (49), Umar Ali (61), Saidi Oke (43) and Bashir Mohammed (44), through their lawyer, Akeem Balogun, filed the application on September 26, claiming to have been incarcerated for four months.

    They were charged along with Dr Chukwuemeka Anyanwu (50), Agboola Gbade (67), Nkechi Nwafor (43) and Larry Balogun (51), who were said to be at large.

    The judge had earlier issued a bench warrant for those at large and directed that they be separated from the charge so that those available could be arraigned.

    Two companies, Granytland Investment Limited and Abroad Development Foundation were also named in the charge.

    Balogun prayed that the court grant his clients bail on liberal terms, adding that they would not jump bail.

    Prosecuting counsel M. A AnimasHaun argued that the accused do not deserve to be granted bail due to the seriousness of the offence.

    The first to fourth respondents, in an amended charge, were accused of conspiring to defraud one Austin Albert of N313,200 million while pretending to assist him buy $1million.

    They allegedly committed the offence on June 15 in Lekki, Lagos.

    The alleged offence contravenes Section 8 (b) of the Advance Fee fraud and other Related Offenses Act 2006 and punishable under Section 1(3).

     

  • Court orders Akpobolokemi to explain role in alleged N2.6b fraud

    Court orders Akpobolokemi to explain role in alleged N2.6b fraud

    A FEDERAL High Court in Lagos has ordered a former Director-General of Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, to explain his role in an alleged N2.6 billion fraud.

    Justice Ibrahim Buba overruled and dismissed the “no case” submission filed by Akpobolokemi and five other co-defendants.

    The other defendants are: Ezekiel Agaba, Ekene Nwakuche, Governor Juan and two firms, Blockz and Stonz Ltd and Al-Kenzo Logistic Ltd.

    The judge ordered them to enter their defence on October 30.

    Justice Buba said the arguments on the no-case submission by defence counsel, Joseph Nwobike SAN, was without merit.

    He upheld the argument of the Economic and Financial Crimes Commission (EFCC) through its counsel Rotimi Oyedepo that a prima facie case had been established against the defendants.

    Justice Buba said: “From the evidence of the first prosecution witness, it is well-established that all the defendants have a case to answer.

    “The exhibits tendered and testimonies of other witnesses have established that there is a prima facie case against the defendants. I see no merit in this application. This application lacks merit, so, it is overruled. The defendants should open their defence to prove their innocence”.

    On December 4, 2015, the EFCC arraigned the defendants on a 22-count charge of diverting N2.6b from NIMASA coffers between December 2013 and May 2015.

    The anti-graft agency claimed that the funds were approved by ex-President Goodluck Jonathan for the implementation of a security project.

    The alleged offences contravene Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

    The defendants pleaded not guilty.

    The prosecution closed its case after calling 12 witnesses.

    But the defendants, rather than open their defence, filed no-case submissions, claiming that the EFCC failed to link their clients with the alleged funds diversion.

    Specifically, Nwobike said Akpobolokemi could not be liable because ex-President Jonathan and not Akpobolokemi approved the security project and the money disbursed.

    Other defendants’ counsel, Mr. Seni Adio (SAN), Ige Asemudara and Emeka Onyeke similarly urged the court to hold that the prosecution failed to link their clients to the alleged crime.

    But opposing the application, the prosecution maintained that the testimonies of the 12 witnesses called and the 77 exhibits tendered had successfully linked Akpobolokemi and others to the alleged fraud.

     

     

  • Driver in court for ‘killing’ septuagenarian

    The police in Lagos have arraigned a 27-year-old driver for alleged reckless driving, resulting in the death of a septuagenarian.

    The accused, Abuduljamin Jubril, is facing a two-count charge of reckless driving and causing death at an Ikeja Magistrates’ Court

    The prosecutor, Godwin Awase, told the court that the accused drove a DAF diesel truck in a reckless manner and caused the death of a 72-year-old man, Mr. Rafiu Ajala.

    He said the accused committed the offences on September 24 at Kola bus stop on Lagos – Abeokuta Expressway.

    “The accused drove the vehicle on a highway without regard for other road users; he lost control and rammed into the victim, who wanted to board a bus.

    “The victim died on his way to hospital,” Awase said.

    He told the court that “the accused drove the vehicle without a driver’s licence.”

    The prosecutor said the offences contravened Section 20 of Road Traffic Law of Lagos State of Nigeria, 2012.

    The accused, who lives at Medile in Kano pleaded not guilty.

    The Magistrate, Mr. J.A Adigun, granted the accused N100,000 bail with two sureties.

    He adjourned the case till October 23 for mention

  • Brothers in court for ‘N1m theft’

    Two brothers, Ugochukwu Nwafor and Christian Nwafor, have been arraigned at an Enugu Magistrates’ Court on charges of alleged conspiracy and stealing N1million.

    Ugochukwu, 32 and Christian, 35, from Enugu North Local Government, are facing a two-count charge of alleged conspiracy and stealing.

    The defendants denied committing the offences.

    Prosecutor Cajethan Ugwu said the matter was reported at Enugu Central Police Station on August 27 by the complainant, Mrs. Eunice Alegbu.

    The woman told the court that she entrusted her shop to Ugochukwu, having hired him as a shop assistant, because she planned to expand her business.

    She alleged that Ugochukwu used the money realised from sales to open a shop for his brother, Christian, without her knowledge.

    “It was my money Ugochukwu gave to his brother, which he used to open his provision shop.

    “The removal of N1, 000 000 from the shop I opened for Ugochukwu has ruined it,” Alegbu alleged.

    The Magistrate, Mr. J. Agu, advised the complainant to focus on the charges when testifying on the adjourned date.

    He adjourned the matter till November 8 for continuation of hearing.

  • AGF urges court to dismiss suit seeking Magu’s sack

    AGF urges court to dismiss suit seeking Magu’s sack

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) has urged a Federal High Court in Abuja to dismiss a suit by two lawyers seeking the sack of Acting Chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu.

    The AGF made the request in a notice of preliminary objection he filed for himself and on behalf of President Muhammadu Buhari against the suit.

    The plaintiffs – Ahmed Yusuf and Peter Asa – filed the suit on March 24, this year.

    They listed Magu, the AGF, the President, the Senate and the President of the Senate as defendants.

    The plaintiffs claimed to have been aggrieved by the appointment of Magu as the substantive Chairman of the EFCC by the President despite Senate’s refusal to confirm his appointment.

    They queried the competence of Magu’s continued occupation of the seat of EFCC Chairman, his nomination by the President having been rejected twice by the Senate

    The plaintiffs  primarily seeks an order restraining the President from further re-nominating or re-presenting Magu’s name to the Senate for confirmation, the name having earlier been rejected twice by the Senate.

    They also want a declaration that by the combined effect of the provisions of Section 2(3) of the EFCC Act and Order 131 of the Rules of the Senate, Magu or any other person cannot validly occupy the office of the Chairman of the EFCC in acting capacity.

    But in a notice of preliminary objection, the AGF argued that not only was the suit wrongly initiated by the plaintiff, they equally lacked the locus standi to file the suit.

    Malami argued that the plaintiffs did not have sufficient interest in the determination of the matter and have not shown that their civil rights were breached by the defendants.

  • Woman docked for stealing clothes

    Woman docked for stealing clothes

    The police on Thursday, arraigned a 55-year old woman, Mrs Ngozi Biosah, before  an Asaba Magistrates’ Court for alleged stealing.

    The police said Ngozi, who allegedly stole some cloths worth N15,000, the property of one Mrs Juliet Ojie, committed an offence punishable by law.

    The Police Prosecutor, Mrs Blessing Okafor, told the court that the accused committed the offence on Sept. 19 at DLA road Asaba.

    She said that the offence was punishable under Section 390(9) of the Criminal Code Cap, C21 Vol 1 Laws of Delta State of Nigeria 2006.

    The accused pleaded not guilty and she was granted bail in the sum of N100,000 and a surety in like sum.

    The magistrate, Mrs Okonkwo Akanume, who gave the ruling, ordered that the surety must provide evidence of employment and must reside within the jurisdiction.

    Akanume also ordered that the surety must own a landed property and should provide two passport photographs.

    She adjourned the case to Oct. 18 for hearing.

    NAN

  • Court orders police to produce Evans’ in-law

    Court orders police to produce Evans’ in-law

    The Federal High Court in Lagos yesterday ordered the police to produce Mr. Okwuchukwu Obiechina, a brother-in-law of suspected kidnapper Chukwudumeme Onwuamadike (alias Evans).

    Obiechina is praying the court to order his release from detention.

    He claimed to have been arrested due to his relationship with Evans.

    Evans and five others were arraigned before Justice Hakeem Oshodi of the Lagos State High Court.

    While Evans and two others pleaded guilty to the charges, the remaining defendants pleaded not guilty.

    The prosecution said the defendants between February 14 and April 12 at Obokun Street, Ilupeju, Lagos, armed with guns and other weapons, captured and detained Mr. Duru Donatus.

    Before he was charged, Evans filed a suit at the Federal High Court praying it to order his release or for the police to charge him.

    Obiechina, through his lawyer, Olukoya Ogungbeje, said despite Evans being arraigned, the police kept him in detention since June 2.

    He and his wife, Nzube, Evans’ sister, sued the Commissioner of Police in Lagos, the Police and the Special Anti-Robbery Squad in Lagos.

    In a supporting affidavit deposed to by Obiechina’s relative, Okoliagu Abunike, the applicant said he was arrested by a team of policemen led by Phillip and Christian.

    The deponent said the officers bragged that no court would order Obiechina’s release.

    “Since June 26, the first applicant is still being detained at the cell of the respondents even beyond the constitutionally allowed time.

    “The applicant has not committed any offence known to law to warrant being arrested and detained by the operatives of the respondents.

    “The applicant has not committed any offence known to law that will warrant the infringement of his right to life, personal liberty, fair hearing, freedom of movement and dignity of human person,” Abunike said.

    Justice Idris directed  Ogungbeje to put the police on notice of his application.

    He ordered the police to produce Obiechina before him tomorrow (Thursday) and to justify his continued detention.

     

  • Court orders firm to pay ex-worker terminal benefits

    The National Industrial Court of Nigeria in Abuja has ordered Northlink Insurance Brokers PLC to pay its former employee, Mr. Raphael Ajayi, N1. 2 million, as accrued terminal benefits owed him.

    Ajayi, the company’s ex-head of Technical Services, sued his ex-employer in 2015, alleging unpaid entitlements and other terminal benefits after his involuntary resignation.

    He claimed the company asked him to resign as part of its purported restructuring.

    Ajayi, however, alleged that the company stopped further payments of his benefits after the first two instalments.

    Delivering judgment, Justice Edith Agbakoba ordered the company to pay the claimant outstanding money, including N1.2million in lieu of six-month salary arrears.

    Agbakoba held that the company should pay the claimant additional N200,000 as cost of instituting the suit.

    The judge, however, dismissed the defendant’s counterclaim wherein he alleged that the claimant was negligent while in the service of the company.

     

  • Court remands five kidnappers in custody

    Court remands five kidnappers in custody

    A Senior Magistrates’ Court in Kano yesterday remanded five persons in custody for the alleged kidnap and murder of a 70-year-old man, Usman Danbuba.

    The accused – Wada Mohammed (30); Ya’u Muhammad (22); Musa Inusa (35); Sale Buba (27) and Sule Garba (45) – allegedly kidnapped Danbuba and stoned him to death.

    They are facing a five-count charge of criminal conspiracy, kidnapping, armed robbery, culpable homicide and illegal possession of firearms.

    Danbuba was kidnapped on May 18, in Doguwa Local Government Area of Kano State.

    Senior Magistrate Aminu Fagge ordered that the accused be remanded in prison custody and adjourned the case till October 23 for mention.

    The Prosecutor, Inspector Yusuf Sale, told the court that the accused, including Iliyasu Moshede, now at large, attacked the victim with an AK 47 rifle, cutlasses and knives at his home on May 18.

    They kidnapped and robbed Danbuba of N85, 000 and a motorcycle.

    “After kidnapping Danbuba, they took him to their hideout at Shetu Hills in Falgore Forest, and demanded N5 million ransom from his family,” Sale said.

    He added that following the failure of the relatives to provide the money, the defendants stoned Danbuba to death on May 22.

    Under cross examination, the defendants pleaded not guilty.

    According to Sale, the offences contravened Sections 97, 17, 15 of the Terrorism Prevention Act 2013 and the Robbery and Firearms Special Provisions Act Cap 221, of the Penal Code.

     

  • Aderiye’s murder: Court ‘won’t adjourn’

    Aderiye’s murder: Court ‘won’t adjourn’

    • Drama as suspects’ protest delays ruling 

    There was a mild drama yesterday at an Ekiti State High Court sitting in Ado-Ekiti.

    Seven persons accused of complicity in the killing of a former National Union of Road Transport Workers (NURTW) Chairman, Omolafe Aderiye, protested the prosecution’s bid for adjournment.

    A letter from prosecution counsel, Ahmed Tafa, calling for a fresh adjournment, sparked an outrage from suspects, their families and supporters.

    The Seven accused standing trial for the alleged murder are: Adebayo Aderiye (first), Adeniyi Adedipe (second), Sola Durodola (third), Ajayi Kayode (fourth), Oso Farotimi (fifth), Sola Adenijo (sixth) and Rotimi Olanbiwonnu (seventh).

    Lawyers to the defendants – Biodun Fasakin (1st-4th); Lekan Olatawura (fifth and seventh) and Ibrahim Olanrewaju (sixth) – opposed Tafa’s request for bail and prayed the court to discountenance it.

    Fasakin cited the Supreme Court case of PCN v Etim 13 NWLR Part 1581, Page 1 at pages 41 and 42.

    The courtroom drama started as the the judge, Justice Lekan Ogunmoye, rose to write the ruling in his chambers.

    The accused wailed, condemning what they called the prosecution’s ploy to keep them in custody after failing to establish their complicity in the alleged murder.

    Adedipe said: “We have spent one-and-a-half years at the Appeal Court and complainants have abandoned the case. Why are they keeping us behind bars for when they have failed to prove their case?”

    Durodola said: “Our children are suffering. This is great injustice which higher judicial authorities should investigate. This is our third year in custody, yet the prosecution is still holding the court to ransom.”

    Adenijo said: “Is it proper for the state government to determine what happens in court?”

    Olanbiwonnu said: “Are we not entitled to bail? If they have found anything against us, let them release us on bail.”

    As Justice Ogunmoye began writing his ruling, the noise from the accused, their families and associates enveloped the courtroom.

    Justice Ogunmoye rejected the prosecution’s request for adjournment on the grounds that the application was not properly filed and paid for at the court’s registry.

    He added: “It has been held by the Supreme Court that an application must be properly filed before having the force of law. Most adjournments have been at the instance of the prosecution.

    “This application is hereby discountenanced and defendants should proceed with their defence.”

    Aderiye (aka Ojugo) was the first to mount the witness box after the ruling was delivered.

    He denied complicity in the killing of the former NURTW chief who he described as his cousin.

    The accused, who is a former state chairman of the Road Transport Employers Association of Nigeria (RTEAN), told the court that he did not conspire with his co-defendants to kill Omolafe.

    Ojugo said he travelled to Igbemo-Ekiti for the town’s New Yam Festival on the day Omolafe was killed and did not return to his office at Ajibade Park in Ado-Ekiti till 5.30 pm.

    According to him, he learnt of Omolafe’s killing at 7.30 pm through some commercial motorcyclists and he ordered his subordinates to leave the park for their homes.

    Ojugo said his house was razed by suspected hoodlums same day.

    He tendered the pictures of the burnt house, which were marked and admitted as exhibits “ID A-H.”

    The accused also told the court that Olanbiwonnu, who was RTEAN chairman in Southwest, was in Abuja on the day Omolafe was killed.

    Ojugo added that he only met Adenijo and Durodola in custody.

    Justice Ogunmoye adjourned the matter till October 25 for prosecution to cross-examine the witness.