The Nation Newspaper

Tag: Court

  • PDP kicks as Kano Assembly flouts court order

    PDP kicks as Kano Assembly flouts court order

    The national leadership of the Peoples Democratic Party (PDP) has accused the leadership of the Kano State House of Assembly of impunity and recklessness for flouting a Supreme Court judgment.

    The court, in a July 12 judgment, sacked an All Progressives Congress (APC) lawmaker, Hayatu Sallau (Kura/Garun Mallam constituency), from the House of Assembly.

    The judgment was an affirmation of a November 27, 2015, judgment of the Court of Appeal, which sacked Sallau.

    Consequently, the Supreme Court ordered the Independent National Electoral Commission (INEC) to withdraw Sallau’s Certificate of Return and issue same to Abdullahi Mohammed of the PDP.

    It also ordered Speaker of the Kano State House of Assembly to swear in Mohammed.

    But the Speaker has ignored the verdict by refusing to swear in the PDP legislator-elect.

    A statement yesterday by PDP’s spokesman Dayo Adeyeye said INEC had complied with the judgment by issuing a Certificate of Return to Abdullahi Mohammed.

    The statement reads: “From the judgment of the Supreme Court, it is clear that the Speaker of the Kano State House of Assembly is under obligation to swear in Abdullahi Muhammed of the PDP without delay.

    “However, 26 days after the judgment, and more than two weeks after INEC issued his Certificate of Return, the Speaker is yet to comply with the court judgment.

    “In a lawless and barbaric display of impunity, the Speaker has refused to swear in our candidate. We call on the governor of Kano State, federal attorney general, and well meaning Nigerians, to prevail on the Speaker of the Kano State House of Assembly to obey the rule of law and perform his constitutional duty by swearing in Abdullahi Mohammed without further delay.”

    The party vowed to explore all available legal options to bring the Speaker to book for violating the constitution.

  • Man in court for ‘unlawful possession of 22 goats’

    A 28-year-old man, Musibau Okunola, was at the weekend arraigned at an Osogbo Chief Magistrates’ Court in Osun State for alleged unlawful possession of 22 goats.

    The prosecutor, Mireti Wilson, said the accused committed the offence on November 28 last year about 3:50.a.m. in Osogbo metropolis.

    He said the accused was arrested while conveying the goats in a bus registered as KJA 178 XE, and was unable to give a satisfactory explanation about the ownership of the animals.

    Wilson said the offence contravened sections 517 and 430(1) of the Criminal Code Cap 34 Vol.11 Laws of Osun State, 2003.

    The accused pleaded not guilty. His counsel, Mr. Ato Atobatele, prayed the court to grant him bail in liberal terms.

    The Magistrate, Mrs. Olubukola Awodele, granted the accused bail at N50,000 with two sureties in like sum.

    She said the sureties must live in the court jurisdiction, show evidence of tax payment, attach affidavit of means and provide two passport size photographs.

    The case was adjourned till November 13 for hearing.

  • 189 SIM cards retrieved from accused persons, prosecutor tells court

    A prosecutor, Mr. Moruf Animashaun, has told a Lagos court that 189 Subscriber Identity Module (SIM) cards were retrieved from accused persons charged with defrauding a woman of N3.3million through a phone call.

    Animashaun, from the office of the Inspector-General of Police, gave the information while objecting to a bail application of the accused persons at an Igbosere Magistrates’ Court in Lagos.

    In the suit, Samson Owah, 39; Job Akakasi, 26; Benjamin Oghereworo, 42 and Profit Ejimulode, 58, are standing trial on a four-count charge bordering on conspiracy, fraud and stealing.

    They pleaded not guilty and their counsel, Mr. Anayo Agbo, urged the court to grant them bail on liberal terms.

    “What matters in this case is for the accused to provide reliable sureties, who will ensure they appear in court whenever they are needed,” Agbo said.

    Objecting to the application, Animashaun told the court that the accused were tracked before they were arrested.

    “They do not have permanent abode, they move around the country and perpetrate criminal acts.

    “During investigation, 189 SIM cards were retrieved from them. I want the court to refuse them bail,” he said.

    The Magistrate, Mrs. Abimbola Komolafe, however, granted them bail at N500, 000 each, with two sureties each in like sum.

    She said the sureties must be gainfully employed and should show evidence of three years tax payment to the Lagos State government.

    Komolafe said the sureties must live within the court jurisdiction.

    Animashaun had told the court that the accused committed the offences on May 4, at Ecobank PLC, Ikorodu, Lagos.

    He said the accused called the complainant, Patience Denatie, posing as her brother, and told her to send money for a business they spoke about.

    “A total sum of N3.3 million was paid to the accused through a bank account they provided.

    “She (the complainant) had paid in the money before she realised that it was a scam. She reported the matter to the police, who investigated it and arrested the accused,” he said.

    Animashaun said the offences contravened sections 287 (5), 314 and 411 of the Criminal Law of Lagos State, 2015 (Revised).

    The case was adjourned till August 29 for mention.

  • Recall: Why court can’t save Melaye, by Kogi West voters

    Recall: Why court can’t save Melaye, by Kogi West voters

    •Court to hear case next Monday

    About 188,521 voters in Kogi West Senatorial District, seeking Senator Dino Melaye’s recall, have said the lawmaker cannot be saved by the court.

    According to them, they have complied with the legal requirements to ensure the success of the recall process.

    They have given detailed reasons why they want Melaye recalled and urged a Federal High Court in Abuja, before which Melaye’s suit against his recall was pending, not to restrain the Independent National Electoral Commission (INEC) from performing its constitutional duties.

    They noted that while Melaye was not protected by any law from being recalled, Section 69(1) and (2) of the Constitution grants registered voters the right to recall an erring legislator upon losing confidence in him/her.

    The registered voters said there was contradiction in the senator’s position, who they said claimed that the signatures accompanying the petition against him were those of dead people and were forged.

    On the other hand, the voters said Melaye sought to restrain INEC from conducting a verification and authentication exercise on the petition and the signatures.

    They faulted Melaye’s suit, describing it as premature.

    They argued that Melaye cannot hide under the fundamental rights enforcement procedure to challenge his recall by merely pleading lack of fair hearing.

    They said the option opened to him was for Melaye to await the outcome of his recall process, which he can only query by way of a judicial review.

    These formed part of the arguments contained in a bundle of documents filed last Friday at the Federal High Court, Abuja by the 188,521 registered voters in Melaye’s Senatorial District, who signed the petition for his recall.

    The documents were filed on behalf of the voters by three individuals – Chief Olowo Cornelius, John D. Anjorin and Mallam Yusuf Adamu – who said they were acting for themselves and the 188,521 registered voters.

    The documents filed by their lawyer Chief Anthony Adeniyi include motion by Cornelius, Anjorin and Adamu to be named as co-defendants in the case and their joint response to the substantive suit by Melaye.

    On why they were necessary parties in the suit, the three said they coordinated the petition against Melaye’s recall and the signatures of voters submitted to INEC.

    They said since the suit was mainly against the recall process, which they engineered, it was ideal that the case be decided with their involvement.

    On why they seek Melaye’s recall, Cornelius stated in a supporting affidavit that the electorate in Kogi West were tired of the senator’s conflicting and confusing roles in the Senate.

    He noted that while Melaye has barely spent two years in the Senate, he was preparing “seriously” to contest a councillorship position in his ward in Ijumu Local Government.

    Melaye actually made this fact public when, in paragraph 20 of the affidavit supporting his originating summons, he claimed: “I am interested in contesting for a councillorship position in my Local Government Area, Ijumu…”

    Cornelius said: “Since he (Melaye) cannot simultaneously hold the offices of a senator and councillor, his constituents are voting more competent, reliable and worthy replacement to represent them in the Senate.

    “Before the election, he claimed he had eight university degrees from universities within Nigeria and abroad, and particularly from Harvard University. It turned out that he did not attend Harvard University and the best of the certificates he parades is a 3rd Class.

    “He (Melaye) was elected because he was sponsored by the APC (All Progressives Congress), and now he has taken up arms against the party and the leaders of the party at the state and national level.

    “None of the numerous motions and Bills he claimed to have moved or facilitated in the Senate is of any direct benefit to the state in general and to Kogi West in particular.

  • Court turns down Fayemi’s application to stop probe panel

    Court turns down Fayemi’s application to stop probe panel

    An Ekiti State High Court has declined the request of former Governor Kayode Fayemi for an interim order stopping the Judicial Commission of Enquiry set up by Governor Ayo Fayose from continuing its sitting pending the hearing of the motion for injunction.

    The commission, chaired by former Acting Chief Judge (CJ), Justice Silas Oyewole, was empanelled by Fayose to probe financial transactions during Fayemi’s tenure between October 16, 2010 and October 15, 2014.

    The court granted Fayemi’s prayer for an accelerated hearing of the matter as it ruled that the substantive suit would be taken together with the defendant’s preliminary objection on the next adjourned date on July 31.

    In his ruling yesterday, Justice Lekan Ogunmoye of High Court 6 held that Fayemi’s request for an interim order could not be granted because the defendants filed a notice of preliminary objection challenging the competence of the court to hear the substantive suit.

    Defendants in the suit are: Fayose, Attorney-General, the House of Assembly, Justice Silas Oyewole (panel chairman), Gbemiga Adaramola (Secretary), Mrs. Bolawale Awe, Idowu Ayenimo, Omodara Vincent, Adesoba Oluremi and Sunday Bamise (panel members).

    Justice Ogunmoye, who said he had taken a judicial notice of the processes before him, held that it had been settled in law what the court should consider before granting such application.

    The judge held that there was a pending notice of preliminary objection by the defendants in which the competence of the court to hear the substantive matter was being challenged.

    Citing many authorities to buttress his position, Justice Ogunmoye held that the issue of a court’s jurisdiction on any matter was paramount and fundamental to a case at hand.

    The judge said this should be determined so that a matter before court is not rendered an exercise in futility.

    He said: “I, therefore, do not believe that I have the power to grant an application for interim injunction pending the determination of the preliminary objection before me.

    “Consequently, I am unable, in the circumstance, to grant the prayer of the applicant. The justice of the matter, however, would dictate that the matter be given accelerated hearing.

    “The granting or refusal of an application is within the discretionary powers of the court. An exercise of discretion must, however, be based on accepted and recognised principles and, of course, relevant law.

    “In all, the application is hereby refused and the matter is adjourned till July 31 for definite hearing.”

    Fayemi’s counsel, Chief Rafiu Balogun, said the court was fair to both parties in granting the defendants’ prayer that the application for interim injunction be refused while granting his client’s prayer for accelerated hearing of the substantive case.

    Defendants’ counsel, Mr. Daniel Alumun, said it was right for the court to consider the preliminary objection, adding that the claimant could not stop a statute from running.

     

     

  • N963.7m stolen subsidy: Convict begs court

    N963.7m stolen subsidy: Convict begs court

    Convicted oil marketer Rowaye Jubril and his firm, Brila Energy, for the second time yesterday approached an Ikeja High Court asking for a stay of execution of its  order.

    The court had  ordered Jubril  and the company to refund N963.7 million  stolen subsidy money to the  Federal Government.

    The company had been ordered by Justice Lateefa Okunnu to make restitution of the  money, which it fraudulently obtained as subsidy.

    They were both found guilty on the 13 counts bordering on conspiracy, obtaining money by false pretence, forgery and use of false documents.

    Jubril was sentenced to 10 years on the first count and eight years for counts two to 13.

    Justice Okunnu, on June 14,  struck out an application filed by Jubril, through his lawyer, Lawal Pedro (SAN), seeking stay of the order that his company make restitution to the Federal Government to the tune of N963.7 million.

    The judge had held that “an order of stay of execution of a judgment must be based on a valid appeal” and that “it is only on that basis that a judgment cannot be executed until disposal of an appeal”.

    However yesterday, the convicts were back in court asking the court for a stay of proceedings regarding the monetary part of the judgment.

    Pedro in a 20-paragraph affidavit in support of his prayer pleaded with  the court to restrain the respondents, the Economic and Financial Crimes Commission (EFCC), from enforcing the monetary aspect of the verdict.

    “I appeal to the court to stay execution pending the outcome of an Appeal.  If the monetary judgment is enforced that would be the end of the second defendant applicant (Brila Energy), as it would not be able to enforce its constitutional right of appeal anymore,” Pedro said.

    EFCC counsel Seidu  Atteh opposed the application.

    The Judge consequently adjourned the matter till October 4 for ruling.

    Jubril and the company had falsely claimed that they imported 13,500 metric tonnes of Premium Motor Spirit and received N963.7 million from the Federal Government.

    The convicts fraudulently obtained the money under the Federal Government’s Petroleum Support Fund between October 2010 and May 2012.

    According to the anti-graft agency, Jubril and his company acted contrary to Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.

    They were also said to have contravened Sections 467 and 468 of the Criminal Code Laws of Lagos State 2003.

     

  • N249.6b ‘hidden’ funds: Fed Govt urges banks to deny in court

    N249.6b ‘hidden’ funds: Fed Govt urges banks to deny in court

    Banks denying their alleged link to the hoarding of funds due to the Federal Government have been asked to direct their denial to the court.

    A Federal High Court in Lagos, on Thursday, granted an ex-parte application by the office of the Attorney General of the Federation (AGF) for an order directing the banks to remit the funds to the Federal Government.

    Justice Chuka Obiozor, who gave the order, warned that it  would be made permanent on August 8, unless the banks show cause why the order should not be made permanent.

    The office of the AGF, through its lawyer, Prof. Yemi Akinseye-George (SAN), accused seven banks  of unlawfully withholding $793,200,000 (about N249,659,700,000.00) in breach of the Treasury Single Account (TSA) policy.

    The banks listed in the court documents filed by the office of the AGF are: United Bank for Africa (UBA), Diamond Bank Plc, Skye Bank Plc, First Bank Limited, Fidelity Bank Plc, Keystone Bank Limited and Sterling Bank Plc.

    Sterling Bank, Fidelity and UBA have denied wrongdoing.

    Court documents stated that $367.4 million was hidden by three government agencies in UBA; $41 million was kept in a National Petroleum Investment Management Services (NAPIMS) fixed deposit account with Skye Bank.

    Also, $277.9 million was found in Diamond Bank, $18.9 million in First Bank, $24.5 million in Fidelity Bank, $17million in Keystone Bank and $46.5 million in Sterling Bank.

    Since the court’s order was reported in the media on Friday, many of the banks have continued to deny any wrong doing.

    But, a senior official in the office of the AGF faulted the banks for rushing to the media with their denial.

    According to the official, since the court has adjourned to August 8 and given the banks up till then to show cause why the order should not be made permanent, their concern should be how to convince the court that they acted legally.

    The official, who wouldn’t want to be named, said: “Don’t mind them. Let them continue to deny. They should file their processes and we will meet them in court. They appear not to know the extent of evidence we have against them.

    “There were even some accounts that were dormant, yet millions of U.S. dollars were found in them. Some of the accounts were opened without names.

    “How do you keep dollars in accounts and yet fail to ascribe names to them? Is that a standard banking practice? I suspect what they are doing is not regular banking.

    “We are waiting for them to file. They can start filing by Monday. This case will be interesting. This case will lead us to a lot of other things. I don’t want to say more than that.

    “They should tell us the government officials and agencies that authorised them to breach the government’s TSA policy and why. We are waiting.

    “Those agencies and officials will have to explain to the court where they got their powers to disregard the government’s TSA policy and encourage banks to hoard government’s funds in coded accounts.

    “The government is determined, this time, to ensure things are done well. We will do all it takes to sanitise the banking sector and free money for the government to fulfil its many promises to the people.”

  • Court dethrones Ondo monarch

    An Akure High Court presided over by Justice A. Adegoroye has ordered the Oloja of Oka in Ondo community, Noah Ijelu, to vacate his throne immediately.

    Justice Adegoroye gave the order in his judgment in a case filed by members of Adesinmirinwa and Olupona ruling houses against the installation of Ijelu.

    In the suit, the governor, his deputy, the Attorney General and Commissioner for Justice, the Osemawe of Ondo Kingdom, Oba Victor Kiladejo, as well as High Chief Lisa J. A. Akinkunmi, representing the kingmakers of Oka community, and Mr. Noah Olafusi Ijelu, are defendants.

    The two ruling houses, which instituted the matter, prayed the court to hold that there are only two ruling houses in Oka community: Akinsinmirinwa and Olupona.

    They said the Olupona ruling house should be the next to ascend the throne of Oloja since the last occupier of the throne, the late Oloja Dada Adedimeji Akinsoyinu, was from Adesinmirinwa ruling house.

  • Court remands ex-Jigawa Governor Turaki in Kuje prison

    Court remands ex-Jigawa Governor Turaki in Kuje prison

    •Arraigned on 32-count for alleged N36b fraud

    •Granted N500m bail

    A Federal High Court in Abuja yesterday ordered that former Jigawa State Governor Ibrahim Saminu Turaki be remanded in Kuje prison in the Federal Capital Territory (FCT).

    By the order given by Justice Nnamdi Dimba, Turaki is to remain in prison pending when he is able to meet the conditions attached to the bail granted him after he was arraigned, with three companies.

    They were arraigned on a 32-count charge, in which they were accused of laundering about N36 billion.

    Turaki, who was earlier granted bail on liberal terms on July 14 by the vacation judge of the High Court of the FCT, Justice Yusuf Halilu, was arraigned before the Federal High Court yesterday on a charge filed in 2007 by the Economic and Financial Crimes Commission (EFCC).

    The ex-governor, who was rearrested by the EFCC on July 4 at a social function in Abuja, after jumping bail and allegedly evading arrest for about six years, was arraigned with three companies -INC Natural Resources Ltd, Arkel Construction Nigeria Ltd and Wildcat Construction Ltd.

    After the arraignment and the argument on the bail application made by defence lawyer, Ahmed Raji (SAN), Justice Dimgba noted that in view of the bail earlier granted Turaki by the High Court of the FCT, he could still be granted bail.

    He directed lawyers for the parties: Mohammed Abubakar for the EFCC and Raji for the defence, to agree on terms on which the Turaki could be granted bail.

    After a meeting between the lawyers, they reported the agreed terms to the court, which the judge partially adopted and granted Turaki bail at N500 million, with two sureties at N250,000 each, who must either be businessmen or civil servants not below the level of a director and must own properties in FCT, including the satellite towns.

    The judge ordered Turaki  to submit his travel documents to the court, and is to seek the court’s permission before travelling abroad. He is to report to the EFCC once in a month.

    Justice Dimgba directed the EFCC to liaise with the court’s Registrar to verify whether or not Turaki meets the bail conditions, following which the EFCC is to send a letter to the court confirming verification.

    The judge said should the EFCC fails to do that within 24 hours of the defence meeting bail, the defence can write to the court informing it that the EFCC did not write to verify.

    Justice Dimgba, who is the court’s vacation judge in Abuja, adjourned further proceedings in the case to September 19, the date earlier chosen by the trial judge at the Federal High Court, Dutse, Jigawa State, where Turaki reportedly jumped bail about six years ago, following which a bench warrant was issued by the court for his arrest.

    The judge also said further proceedings in the case shall resume at the court’s Dutse division.

    Dressed in a white native attire (agbada and a cap), Turaki wore long face as he stepped off the dock, after the judge’s pronouncement.

    Some of the counts in the charge read: “That you Ibrahim Saminu Turaki, INC Natural Resources Ltd, Arkel Construction Nigeria Ltd, Wildcat Construction Ltd and Ahmed Ibrahim Mohammed (now at large) on or about May 3, 2006 at Abuja, within the jurisdiction of this court did collaborate in concealing the genuine nature of the sum of N8,004,000,000, which sum was diverted from an illegal act and you thereby committed  an offence punishable under Section 14(1)(b) of the Money Laundering (Prohibition) Act 2004.

    “That you Ibrahim Saminu Turaki on or about 15th July 2006 at Abuja, did conspire with INC Natural Resources Ltd, Arkel Construction Nigeria Ltd, Wildcat Construction Ltd and Ahmed Ibrahim Mohammed (now at large) to launder the sum of N5,200,000,000 and you thereby committed an offence contrary to Section 17(a) of the Money laundering (Prohibition) Act 2004 and punishable under Section 14(1) of the same Act.

    “That you Ibrahim Saminu Turaki, INC Natural Resources Ltd, Arkel Construction Nigeria Ltd, Wildcat Construction Ltd and Ahmed Ibrahim Mohammed (now at large) on or about May 3, 2006, did collaborate in concealing the genuine nature of the sum of $20,000,000, which sum was derived from an illegal act and you thereby committed an offence punishable under Section 14(1)(b) of the Money Laundering (Prohibition) Act 2004.”

  • Guard in court over alleged break-in

    A guard, Bassey Matthew, who allegedly broke into a room and stole items worth N166,000, yesterday appeared before an Igbosere Magistrates’ Court in Lagos.

    The accused, 19, is facing trial on a two-count charge of burglary and stealing.

    ?Prosecuting Sergeant Oladejo Balogun, said the accused committed the offence on July 14 at the Transformation Baptist Church, Baruwa Ologolo in Lekki, Lagos.

    He said that the accused broke into the apartment of Mr Gbone Michael and stole the items.

    Balogun said the stolen items included a Visafone worth N3,000, a Nokia phone worth N4,000, a HP digital camera valued at N15,000 and a wristwatch worth N10,000.

    According to the prosecutor, the offences contravene Section 307 (b) and 287 of the Criminal Law of Lagos State, 2015.

    The accused pleaded not guilty.

    Magistrate Olabisi Kusanu admitted him to bail in the sum of N50,000 with one surety in like sum.

    She adjourned the case till August 18.