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Tag: Court

  • How ex-NIMASA DG, others stole N754m, witness tells court

    How ex-NIMASA DG, others stole N754m, witness tells court

    An investigator yesterday told an Ikeja High Court in Lagos how a former Nigerian Maritime Adminstration and Safety Agency (NIMASA)  Director General and five other officials stole N754 million belonging to the agency.

    Mr Chukwudi Orji of the Economic and Financial Crimes Commission (EFCC) spoke during his testimony in the ongoing trial of ex-NIMASA Director General Patrick Akpobolokemi and six others on a 13-count charge of stealing and fraud.

    Akpobolokemi’s co-defendants are: Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Vincent Udoye, Adegboyega Olopoenia and a company — Gama Marine Nigeria Ltd.

    Orji told the court: “Vimsat Committee, a committee of NIMASA, opened an account in a bank, which had only two inflows.

    “On Aug. 29, 2015, N498.4 million was paid into that account by NIMASA and on May 20, 2015, N318 million was also paid into that account by NIMASA.

    “This gave the account a total inflow of N816.2 million. On Sep. 29, 2015, there was a transfer of N11 million into the account of one Lakewood Garden Ventures Ltd from the Vimsat Committee account.

    “The money was never used for research work as it was mandated to be. This money was part of the sharing formula of the defendants.”

    Orji, explaining the role of Vincent Udoye, one of the defendants in the alleged scam, said:”On March 6, 2015 N7.8 million was transferred from Vimsat account into the another account with Diamond Bank account with number -0020802815 of the fifth defendant (Udoye).

    “On June 4, 2015 he transferred N5 million from that account into another Diamond Bank account with number 006567038 which was also operated by him.

    “The N5 million transferred was fixed on the same day and was liquidated on Sep. 2, 2014 and he was paid an interest of N24,000.

    “The N5 million is still in his account as at the time the EFCC asked for his statement.

    “He also transferred N2.5million into the bank account of Adegboyega Olopoenia (the sixth defendant).”

    The N7.8 million disbursed by the defendants, Orji said, was part of funds from Gama Marine Nigeria Ltd which were originally from the account of the Vimsat Committee.

    “All these transfers were done in a bid to conceal the source of the funds,” he said.

    Throwing more light on the role of Gama Marine Nigeria Ltd in the alleged fraud, Orji said Adegboyega Olopoenia (the sixth defendant) was a signatory to the account of Gama Marine.

    According to him, N10 million was transferred to Vincent Udoye in six tranches from that account by Olopoenia, totalling N60 million.

    “It was conceived to be used under the guise of award of contract to Gama Marine but there was no contract.”

    The investigator also told the court how another company, Arrow World Consulting Ltd, was used to transfer money from NIMASA by the defendants.

    “In relation to Arrow World Consulting, the third (Ekene Nwakuche) and fourth (Governor Juan) defendants were the signatories to the account .

    “Our findings were that the accounts of Arrow World Consulting received the bulk sum from the Vimsat Committee account on Feb. 12, 2015.

    “They received N230 million and they received another N17 million from the account on May 6, 2015.

    “Nwakuche and Juan used fictitious names while operating the Arrow World Consulting account; Nwakuche operated as Philip Emesike and Juan operated as Udoh Emakop.

    “When we invited Nwakuche to our office, he confessed to be using the alias Philip Emesike saying he used the name in bank documents.

    “He explained to me and my team embers that he used to sign as Emesike and he demonstrated to us how he used to sign the signature.

    “N70 million was sent by Nwakuche into the bank account of Dorcas Nwakuche and N70 million was paid into the bank account of Kadice Oil and Gas Ltd.

    “The third and fourth defendants also made various transfers to different accounts from the Arrow World Consulting account,” he said.

    Orji told the court how the EFCC uncovered the forged documents used to carry out bank transactions by Arrow World Consulting.

    “Arrow World Consulting did not do any work for NIMASA, I personally led the team to visit the company’s  address at 1004 Housing Estate, Victoria Island.

    “I met the younger brother of the original owner of the company who was residing at the premises, I was told that the owner of the company had travelled out of the country.

    “Shakespeare Solicitors, the lawyers to the real owner of Arrow World Consulting, came to the EFCC office with a power of attorney and made a statement.

    “The lawyers commenced an action at the Ikeja High Court against the bank in which judgment was given in favour of the real owner of Arrow World Consulting.

    “The real owner of Arrow World was awarded N10million damages by Justice F. Bankole-Oki against the bank for opening the account without the consent of the owners — the number of that suit is LD/1872/CMW/2016,” Orji said.

    Oyedepo, the EFCC prosecutor, sought to tender as evidence, a letter written by Shakespeare Solicitors on the alleged fraud to the EFCC to which a copy of the judgment was attached.

    Mr Seni Adio (SAN), lawyer to Nwakuche, however, objected to the tendering of the letter as evidence, saying it was irrelevant to the charge of the defendants and also not part of the original proof of evidence.

    Justice Raliatu Adebiyi, in her ruling, held that the letter was relevant to proceedings and was, therefore, admissible as evidence.

    She adjourned the case until today for continuation of trial.

     

  • Court orders arrest of three persons for ‘forgery’

    Court orders arrest of three persons for ‘forgery’

    A Lagos High Court yesterday issued a bench warrant for the arrest of three men allegedly involved in the forgery of a Certificate of Occupancy (C of O).

    Justice Oluwatoyin Taiwo made the order following their absence for arraignment.

    They are Chukwuka Victor, Friday Palmer and Osumah Joseph Terry.

    They were recommended for trial along with a lawyer, Kole Bello, by the Director of Public Prosecutions (DPP) in an advice issued on June 10, 2014.

    The advice said, among others, that the facts of the case supported a case of conspiracy to defraud and forgery against them.

    The letter also recommended that Rotimi Wilmot Olubeko should be charged with them.

    But when the case was called yesterday, only Bello was present.

    On enquiry by the judge, the prosecutor, R. O. Aroyewun, said the trio were aware they were to be arraigned, so, he was surprised not to see them in court.

    But the complainant’s counsel, Olanrewaju Ajanaku, said the DPP and the police should know the suspects’ whereabouts.

    Responding, the Investigating Police Officer (IPO), Mohammed Salisu, an Assistant Commissioner of Police (ACP), absolved the police.

    He said: “The defendants are not in police custody, the DPP has been working alone without carrying either the police or the complainant along. Even the prosecuting counsel does not know me as the IPO in this matter.”

    Salisu turned to the prosecutor and asked: “Do you know me?”

    He said without the complainant or police’s consent, the prosecution dropped the charge against one of the suspects, contrary to the DPP’s advice that all the suspects should be prosecuted.

    Salisu added that he was in court on his own, without being informed of the case by the prosecution.

    However, following an application by Aroyewun, Justice Taiwo issued a bench warrant for the arrest of Victor, Palmer and Terry.

    The case continues on September 20.

    According to the temporary charge filed by the prosecution last March 1, the defendants allegedly committed the offences sometimes in December 2001.

    They allegedly forged a C of O with Ref. No. 63/63/1989s “with the intent that it may be used or acted upon as genuine.”

  • Corruption trial: Court grants ex-Air chief permission to travel abroad

    The Federal High Court, Abuja, yesterday granted the former Chief of Air Staff, Air Marshal Umar Dikko, permission to travel abroad for medical checkup.

    Dikko, who was head of the Nigeria Air Force from September 9, 2010 to October 4, 2012, is facing a seven-count charge of money laundering before the court.

    The Economic and Financial Crimes Commission (EFCC) alleged that he used looted funds to purchase six choice properties in Abuja, Kano and Kaduna.

    At the resumed hearing of the case, the defendant, through his counsel, Ibrahim Bawa, a Senior Advocate of Nigeria, begged the court to allow the defendant to travel abroad for medical checkup.

    In his ruling, Justice Nnamdi Dimgba said he was disposed to granting the motion since it was not opposed by the prosecution.

     

     

     

     

     

  • Why courts haven’t stopped parade of suspects, by judge

    Why courts haven’t stopped parade of suspects, by judge

    The presiding judge of the Court of Appeal, Lagos Division, Justice Mohammed Garba has absolved the judiciary of blame in the parade of suspects by prosecutorial agencies.
    Justice Garba said a court could not make a pronouncement on the legality or otherwise of media trials generally, if the matter was not brought before it.
    He spoke on ‘Administration of Criminal Justice Act (ACJA) 2015: Innovations, challenges and the way forward’ at the annual Seminar/Workshop of the National Association of Judicial Correspondents which held in Lagos on Thursday.
    Co-guest speaker and Managing Editor Online and Special Publications, The Nation Newspapers, Lekan Otunfodunrin, discussed ‘Journalism in the 21st century: Opportunities and challenges.’
    The event was chaired by Professor of Law Egerton Uvieghara, who was represented by Prof Joseph Abugu, while Chief Felix Fagbohungbe (SAN) was guest of honour.
    Garba, who was represented by Appeal Court judge, Justice Ugochukwu Ogakwu, noted that media trial is now widespread among prosecuting agencies.
    He said: “Sadly, most of the agencies we have now who have both investigative and prosecutorial powers, like the Economic and Financial Crimes Commission (EFCC) in particular, engage so much in media trial.
    “But, if they don’t blow their trumpet, nobody will blow it for them and it’s only when they blow their trumpet as to what they are doing that we’ll know that they are actually working.
    “What can the judiciary do? The judiciary only works on what is brought before it. Unless there is a case that has been brought for judicial pronouncement, the judiciary will not make any pronouncement on whether it is wrong or not.
    “So, the judiciary is not self-activating, the jurisdiction of a court is only invoked when such a matter comes for judicial pronouncement and untill such matter comes, the judiciary cannot do anything.”
    Garba described the ACJA 2015 as commendable, adding that it contained at least 27 innovative provisions that could revolutionise justice administration.
    The judge lamented that Nigeria appears to have the highest number of confessional statements used as basis of findings during police investigation.
    He urged the police to do more investigation rather than waiting for a confessional statements to unravel a crime.
    Otunfodunrin reminded journalists of the constantly changing nature of their profession.
    He urged them to keep up with technological innovations to improve their skills or risk losing their livelihoods to new media practitioners.
    Otufodunrin said: “New media has disrupted the traditional journalism which most of us were trained in and have been practicing for years, there is the need to be alert to new developments in our profession to avoid becoming a relic.
    “Not only has new technology demystified our age-long claim to being Gate Keepers and turned us into purveyors of stale information, the economic recession is gradually strangulating our operations.
    “In the sense that there are massive layoffs and poor or non-payment of salaries, sales of newspapers and advertising are also low with what most media houses generate not being enough to meet many other obligations apart from salaries.
    “Instead of living in denial about our precarious circumstance or dismissing the threat of the new media, it is important that journalists get themselves well acquainted with the new trend with technology.
    “There is an urgent need by all to take our destiny in our hands, especially for those of us who don’t know any other thing to do than journalism.”

  • Court adjourns Ex-Rivers REC’s trial to October

    Justice Saliu Saidu of the Federal High court in  Port Harcourt,  Rivers State capital, has adjourned till October  a criminal charge preferred against the former Rivers State  Resident Electoral Commissioner (REC), Gesila Khan by the Economic and Financial Crimes Commission (EFCC).

    Mrs. Khan was arraigned by the court last month for her alleged involvement in the N180 million 2015 election bribery scandal.

    She is being prosecuted with Peter Popnen, also a former official of the Independent National Electoral Commission (INEC).

    The court granted them bail in the sum of N100 million each, among other conditions. They have left the custody, after fulfilling the bail conditions.

    The matter was adjourned till yesterday for hearing, but it could not hold.

    Popnen hired a new legal representative, Mr. J. T. Kpakol; he told the court that he was just briefed and as the result asked for more time.

    Mrs Khan’s counsel, Selekeowei Larry, a Senior Advocate of Nigeria (SAN), and the prosecution led by Ahmed Aruga agreed to the request.

    The appealed for cooperation by parties to facilitate speedy prosecution.

    He said: “We mare ready to go on with the matter today. Our first witness is in court, but as I got to court, counsel to the second defendant infirmed me of hus intention to ask fir adjournment. He said he was briefed of this matter yesterday and is yet to go through the files, based on that, I don’t wish to object to his request, but I appeal that we should not use adjournments as a ploy to delay the speedy prosecution of this matter. The matter was started last month, and till now we have not yet started.”

    Justice Saidu ordered for accelerated hearing and adjourned the matter till October 11 and 12.

  • Alleged Boko Haram link: Court frees Ndume

    An Abuja Federal High Court has convicted Senator Ali Ndume (APC – Borno South) of the terrorism-related charges brought against him by the former President Goodluck Jonathan’s administration.

    Justice Gabriel Kolawole upheld Ndume’s no-case submission and proceeded to discharge and acquit him.

    According to him, the prosecution failed, through evidence led, to link the defendant to the offences, to warrant his being called to enter defence.

    Justice Kolawole noted that although Ndume admitted volunteering information to the Department of State Services (DSS), the police and other security agencies, no representative of any of the agencies were called as witness by the prosecution.

    “When I read the evidence led by the prosecution witnesses, I didn’t see any evidence by which the defendant was linked to Boko Haram members or to aid their logistics,” he said.

    According to him, the prosecution failed to debunk Ndume’s cliam, in the three extra-judicial statements made to the DSS, that he contacted some members of the sect while acting on behalf of the Federal Government as a member of the presidential committee raised to investigate the security challenges in the Northeast.

    Justice Kolawole also noted that the prosecution failed to call Konduga, still serving jail, even to give evidence as to the period he communicated with Ndume.

    He said: “Counts 1 and 2 are based on Section 7(1)(b) of the Terrorism (Prevention) Act 2011, while count 3 is based on section 3(b) of the Terrorism (Prevention) Act and Count 4 on section 4(1)(a) of the same Act.

    “Section 7(2) of the Terrorism (Prevention) Act says that ‘it shall be a defence for a person charged under sub-section 1 if he has a reasonable excuse for not making the disclosure…

    “Thus, if it was linked with the period, will enable the court to come to the decision that the contents of Exhibit P1, P2 and P3 (Ndume’s statements), by which the defendant said it was the presidential appointment that brought him into contact with members of the Boko Haram sect, will appear to be proved by prima facie evidence and may have warranted the defendant, regardless of Section 7(2) of the Act, to be called upon to enter his defence if only to prove that he had a reasonable fear that giving the information  may endanger his life and his family.”

    Ndume was charged with among others, withholding information about operations of Boko Haram, and communicating with some of its leaders.

    The defendant, in his no-case submission, claimed to have been involved in negotiation with Boko Haram leaders at the instance of the Federal Government.

    He said former Vice President and the Director General of the DSS, during Jonathan’s administration, knew about his interactions with a Boko Haram member, Ali Konduga.

    He said his link with Konduga, who has since been convicted for terrorism, was at the behest of the presidential committee.

    The Senator was arraigned on December 12, 2011, on a four-count charge relating to terrorism.

    He was accused of, among other things, sponsoring the sect, maintaining a link with its members and failing to disclose Konduga’s mobile number.

    The prosecution began trial on July 3, 2012, and closed on June 22, 2016, after calling nine witnesses.

    Ndume’s lawyer, Rickey Tarfa (SAN), while adopting his no-case submission on June 6, urged the court to discharge and acquit his client on the ground that the prosecution was unable to establish a prima facie case against him.

    Tarfa said the prosecution was unable to lead sufficient evidence link his client with the offences alleged.

    Reacting to the court’s decision yesterday, Ndume said: “I thank God for sparing my life. Many Senators, who had cases against them, have died, but here I am and well. I am grateful to God.”

     

  • Court remands banker in Kirikiri over alleged N1.079 million fraud

    Court remands banker in Kirikiri over alleged N1.079 million fraud

    Justice Hakeem Oshodi has ordered an accountant, Sunny Idehen, to be remanded in Kirikiri Prison for alleged N1.079 milion fraud.

    Idehen would remain in prison custody pending commencement of his trial.

    The Economic and Financial Crimes Commission (EFCC) Tuesday arraigned Idehen before the court on a three – count charge bordering on stealing and diversion of funds to the tune of N1, 079,000.00.

    EFCC prosecutor, Mrs  Zanaib Ettu told the court that the defendant allegedly defrauded PAL-JUF Investment Company Limited by converting the company’s money to personal use.

    One of the charges stated: “that you Sunny Idehen, whilst being the Account Officer of PAL-JUF Investment Limited in Equity Bank (now Access Bank) on or about the 15th day of July 2002 in Lagos , with intent to defraud, stole and fraudulently converted the sum of N500,000  from PAL-JUF Investment Limited Account Number 0160362634001 domiciled in Equity Bank (now Access Bank) property of PAL-JUF Investment Limited “.

    The defendant pleaded not guilty to the charges.

    In view of his not guilty plea, prosecuting counsel, Mrs Ettu asked the court for trial date and to remand the defendant in prison custody.

    The defence counsel, Mr. O. Ogunlade however told the court that he was in the process of filing bail application for the defendant.

    He asked the court for a short date to file his bail application.

    Justice Oshodi ordered the remand of the defendant in the Kirikiri maximum prison.

    He adjourned the matter to October 31, 2017 for trial to commence.

     

  • Alleged N2b fraud: Court admits Oronsaye’s co-defendant’s confessional statement

    Alleged N2b fraud: Court admits Oronsaye’s co-defendant’s confessional statement

    After about 12 months of denial, a Federal High Court in Abuja yesterday dismisseda claim by the Managing Director of Federick Hamilton Global Services Limited, Osarenkhoe Afe, that he was compelled to make confessional statements to investigators with the Economic and Financial Crimes Commission (EFCC).

    Justice Gabriel Kolawole, in a ruling yesterday on a trial-within-trial conducted from June 21, 2016, held among others that Afe voluntarily made the statements.

    The court then admitted them in evidence.

    Afe is being tried with a former Head of Service to the Federation (HOSF), Steve Oronsaye, on an amended 35-count charge in which they are accused of “stealing and obtaining by false pretence” about N2billion.

    After their arraignment last year, Afe, through his lawyer Oluwole Aladedoye, objected to the admission of his statements in evidence, arguing that they were obtained from his client by “oppression”, a development that necessitated the conduct of the trial-within-trial.

    The statements were made by Afe to the EFCC on February 24, 2011 and March 16, 2011, in the course of investigating five companies – Hamilton Global Services Limited; Cluster Logistic Limited; Kangolo Dynamic Cleaning Limited, and Drew Investment & Construction Company Limited – alleged to have been used to perpetrate the fraud.

    Prosecuting lawyer, Oluwaleke Atolagbe called three witnesses to prove that Afe made the statements to EFCC’s investigators voluntarily.

    The witnesses, who were operatives on the EFCC’s Pension Task Force, testified that Afe made the confessional statements, and that “he was not coerced” into making them.

    Ruling yesterday, Justice Kolawole said: “The second defendant (Afe) was in a good state of mind when he made the statements.”

    The judge said if indeed, he was coerced into making the statements as claimed, he never took any steps, like writing “a letter of protest” and asking “the court to order the EFCC to produce the statement he was coerced to write.

    “If in the course of proceedings, there are new developments, which put the statement in great doubt; this court has the power to expunge it, as it is easier to do that, and I don’t have power to remove evidence that has already been objected,” the judge said.

    Justice Kolawole proceeded to admit the statements as exhibits in the case.

    The judge granted a motion brought by Oronsaye’s lawyer, Barth Ogar, praying the court to release his client’s international passport to enable him travel abroad for medicals.

    In granting the motion, the judge ordered Ogar to, in the next 48 hours, file a personal undertaking that the defendant shall return his passport on or before September 30 for purposes of his further trial.

    Justice Kolawole adjourned to October 12, for the “continuation of judicial trial of the defendants”.

    The EFCC, on May 18, 2016 re-arraigned Oronsaye and Afe before Justice Kolawole on the amended 35-count charge.

    Oronsaye, Afe, his company and other firms are named as defendants in the charge dated November 2, 2015.

    The case was first taken before Justice Kolawole on July 13, 2015, where a 25-count charge was filed against Oronsaye and others, to which along with his co-defendants they pleaded not guilty.

    Before the trial could commence before Justice Kolawole, the court’s Chief Judge, Justice Ibrahim Auta, reassigned the case file to another judge, Justice John Tsoho.

    On March 1, 2016 when proceedings were to commence before Justice Tsoho, the judge stunned all when he said: “It has been realised that the case came to me in error, and I’ve been instructed that it should be returned to my brother judge, Justice Kolawole, who started it. He should continue where he stopped. I wish you the best of luck.”

    When parties returned to his court, Justice Kolawole said: “The Chief Judge wanted to redistribute cases to new judges transferred to the Federal High Court, Abuja in order to decongest the court, but this case file of Oronsaye was taken in error to Justice Tsoho. This explanation becomes necessary so the public will not be wondering why such back and forth movement.”

     

  • Court sentences man to death for robbery

    Court sentences man to death for robbery

    An Ekiti State High Court sitting in Ado-Ekiti, the Ekiti State capital, has sentenced a man, Aanu Adu, to death by hanging for armed robbery.

    Justice Olusegun Ogunyemi yesterday held that the prosecution proved its case beyond reasonable doubt, based on the evidence before the court.

    The judge also sentenced Adu to two years each on two counts of malicious damage to property in the offence committed at Ilawe-Ekiti, headquarters of Ekiti Southwest Local Government Area on October 28, 2015.

    Adu was charged with criminal armed robbery, contrary to Section 402(2) of the Criminal Code, Cap. C16, Vol. 1, Laws of Ekiti State, 2012.

    He was also found guilty of malicious damage to property, contrary to Section 451 of the same laws.

    The convict was alleged to have robbed Adeleye Funmilayo of N650,000 belonging to Ogunniyi Titilayo and damaged a digital camera belonging to Adeyemi Idowu.

    Titilayo told the court that Adu brought out a gun and threatened to kill her when she went to his house to press for the release of the N650,000 cash he and one unnamed chief forcefully collected from Funmilayo.

    The Director of Public Prosecution (DPP), Gbemiga Adaramola, appeared for the state while the Adu was represented by his counsel, Bunmi Olugbade.

    Titilayo said the robbery was reported at Ilawe Police Station while she took photographs of her banana, which Adu destroyed.

    Eight witnesses were called during the trial while exhibits, such as a cutlass, a cable wire, a brown bag containing the cash, money wrapper, used MTN cards, a search warrant and the carcass of the damaged camera, were tendered.

     

  • Melaye asks court to stop release of council funds to Kogi

    Melaye asks court to stop release of council funds to Kogi

    •Senator: I want to be a councillor

    The crisis of confidence between Kogi State Governor Yahaya Bello and Senator Dino Melaye has taken a new dimension following a fresh suit by Melaye asking for a court order to stop the release of statutory allocations to the state’s 21 local governments.

    Melaye is praying the Federal High Court, Lokoja to restrain the Minister of Finance, the Central Bank of Nigeria and the Federation Account Allocation Committee (FAAC) from remitting the funds meant for the local governments until election is conducted into the councils.

    He said he is interested in being a councillor in Ijumu Local Government Area and the refusal of the state government to conduct election into the councils was affecting his ambition.

    He added that the absence of democratically-elected officers at the local government level has made the state government spend and dissipate the funds meant for the 21 councils.

    He said it was illegal for the governor to appoint administrators, trustees or sole administrators for the local governments in the state.

    The suit was filed at the Federal High Court, Lokoja.

    In an affidavit, which he personally sworn to, Melaye averred as follows:

    “That I was informed by my lawyer, Mr. Ajayi Jaiye Samuel, on the 5th day of May, 2017 at about 8pm while discussing the facts in this suit and my predicament arising from the refusal of the 6th defendant to conduct  Local Government Elections in Kogi State, I verily believe him to be true and correct as follows:

    (i) That it is improper to put in charge the administration of the 8th to 28th defendants, persons including civil servants, who are not democratically elected.

    (ii) That it is not proper for the 6th defendant to have refused to conduct Local Government Elections before and after the expiration of the tenure of the elected Local Government Councils of the 8th to 28th defendants.

    (iii) That there cannot exist validly constituted Joint Local Government Account Allocation Committee of Kogi State without democratically elected chairmen and councillors of the 8th-28th defendants.

    (iv) That is not proper for the 29th (CBN), 30th (the Minister of Finance)  and 31st (the FAAC) defendants to continue to release monies accruing to the 8th -28th defendants from the Federation Account to the 7th defendant without  democratically chairmen  councillors of the 8th-28th defendants.

    The senator said he filed the suit because he intended to be a councillor in Ijumu Local Government Area.

    He said: “As an astute politician, I am interested in contesting for a councillorship position in my Local Government Area, Ijumu and I am also interested in the outcome of the local government elections in all the local government areas of Kogi State, the 8th-28th defendants in this suit.”