The Nation Newspaper

Tag: Court

  • Notorious phone thief jailed

    Notorious phone thief jailed

    A Grade 1 Area Court in Karu, Abuja, on Wednesday sentenced a notorious phone thief, Ikechukwu Emmanuel to 21 months imprisonment.

    The judge, Mr Hassan Ishaq, did not give an option of fine to Emmanuel, who pleaded guilty to two separate charges.
    Ishaq sentenced Emmanuel to nine months imprisonment on the first charge bordering on stealing a Nokia phone.

    He sentenced him for one year imprisonment for the second charge which bordered on conspiracy, trespass and theft which contravene Sections 79, 348 and 257 of the Penal Code.

    Ishaq held that Emmanuel was a notorious thief, and ordered him to pay a compensation of N 15, 000 for the Nokia phone he stole from Mr Kelechi Ogbasa’s on March 26.

    The phone is worth N15,000, according to the prosecutor, Mr Mamood Ismail.

    The prosecutor submitted that Emmanuel stole the phone while Ogbasa was sleeping.

    According to the second charge sheet, the convict, on the same day, trespassed into Mr Gospel John’s room and stole his HTC phone worth 50,000, also while he was sleeping.

    The judge held that Emmanuel conspired with a person still at large to commit the offences also on March 26.

    He ordered Emmanuel to pay a compensation of N 50, 000 to John.

    The prosecutor had also drawn the attention of the court to its Jan. 25 record which showed that Emmanuel was convicted and sentenced to seven months imprisonment with option of fine for stealing a phone.

    He said that the offences contravene Sections 79, 348, 287 and 102 of the Penal Code.

  • Court strikes out ex-NNPC boss Yakubu’s N1b suit against EFCC, AGF

    Court strikes out ex-NNPC boss Yakubu’s N1b suit against EFCC, AGF

    A Federal High Court in Abuja has struck out a N1billlion fundamental rights enforcement suit filed by former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.

    Yakubu had sued the Economic and Financial Crimes Commission (EFCC) and the Attorney General of the Federation (AGF) over his detention by the former in relation to the about N3 billion cash allegedly recovered in his Kaduna home.

    The ex-NNPC boss has since been arraigned on a charge filed by the EFCC and has been granted bail.

    Yakubu’s lawyer, Adeola Adedipe, told the court that in view of intervening circumstances from when the case was filed and now, his client has decided to discontinue with the case.

    Adedipe noted that since his client has been properly charged to court and bail granted to him, “we considered it necessary to discontinue this action”.

    “With a view to securing an order of striking out, we have filed a motion this morning, seeking the court’s leave to discontinue the case. We have served on parties,” Adedipe said.

    Lawyers to EFCC and AGF, Mrs. Rita Ogar and T. D. Agbe, confirmed being served with Yakubu’s motion. They did not oppose it.

    Ruling, Justice Ahmed Mohammed struck out the case in view of the non-opposition by the respondents.

     

  • Akeredolu urges court to set aside ruling on councils

    Akeredolu urges court to set aside ruling on councils

    Ondo State Governor Oluwarotimi Akeredolu (SAN) has filed an application at the High Court sitting in Akure to set aside its January 18 judgment.

    The judgment barred the governor and the House of Assembly from dissolving the 18 councils.

    The March 24 application was filed by the governor’s counsel, Charles Titiloye.

    Akeredolu is seeking to set aside the High Court judgment on the grounds that the  judge acted outside the court’s constitutional jurisdiction.

    He contended that the court’s jurisdiction is to determine legal rights and obligations arising from issues and dispute before it.

    Titiloye noted that the council chairmen admitted in their claims that there was no dispute between them and former Governor Olusegun  Mimiko but were afraid of their fate when Akeredolu was sworn in on February 24.

    The counsel argued that it was abuse of court processes for the claimants to hinge their case on mere speculation of dissolution of council when there was no indication from the governor to that effect.

    He noted that the court lacks constitutional jurisdiction to grant the claims on mere speculation.

    According to him, several decisions of the Supreme Court have held that the same court has the power to set aside its decision where it is a nullity.

    Titiloye said that there was no dispute between the former governor and the council chairmen and that the suit was “packaged” by the outgoing  administration to create problems for the new administration.

    No date has been fixed for the hearing.

  • Court nullifies Bayelsa community trust

    A state High Court, sitting in Sagbama, the headquarters of Sagbama council area of Bayelsa state, has nullified the appointment of recently inaugurated Ogbotobo and Agbayama Community Trust.

    The presiding judge, Justice I. Eradiri, while ruling on a motion challenging the inauguration of the community trust, noted that the failure of the respondents, including the Attorney General of the state and the Special Adviser to the Governor on Oil and Gas, to respect a substantive matter in the court.

    According to the judge, ruling on a motion filed by the acting paramount ruler of Ogbotobo community, Chief Roland Chidiowei and others, all representing the Egbemo Cluster Communities, the respondents acted in contempt of a substantive court process.

    In the ruling, Judge Eradiri said: “I think the government was rather too hasty in doing so. The Attorney General could not have claimed that he was unaware of the pendency of the motion for the enlistment when it proceeded to inaugurate the respondents into the Community Trust (CT).

    “If any party should be embarrassed, it is the Attorney General and the Attorney General has not complained of any embarrassment the government would suffer, if the suit is relisted and heard on the merit. In any case, the respondents, who took up appointments, were aware of the motion, even though they had not been formally served as at 20- 2-2017 when the motion came up for mention.

    “Where a party had knowledge of the pendency of a motion to relist a case struck out and acts in a manner as to overreach the main suit, which may or may not be relisted and heard on the merit he does so at his own peril and cannot be held of having been embarrassed by the re-listment. The respondents ought to have awaited the outcome of the motion for re-listment before accepting their inauguration into the community trust.

    “I hold that the claimant/applicant has satisfied all the conditions for relistment. Accordingly, suit number EHC/17/2016, which was struck out on 2nd February, 2017  is hereby relisted. The substantive suit is hereby adjourned to 4th May, 2017 for all pending motions”, the judge ruled.

    Respondents in the motion included the Special Adviser to the Governor on Oil and Gas, Bayelsa state; Permanent Secretary, Ministry of Mineral Resources, Bayelsa state, the Attorney General, Ministry of Justice, Bayelsa state, the Commissioner of Police, Bayelsa state and the Shell Petroleum Development Company Limited.

    Other respondents were Samuel Sapele, Edward Shagari as well as Fidelix Miedoukumor, Prince Yola  and others, for themselves and on behalf of the members of Ogbotobo and Agbayama community trust, inaugurated sometime in July 2016.

     

  • Scavenger bags one month imprisonment for theft

    An Iyaganku Senior Magistrates’ Court, Ibadan, on Friday sentenced 28-year-old

    Scavenger, Yunusa Musa, to one month imprisonment for break-in and stealing items worth N7,500.
    Senior Magistrate Patricia Adetuyibi, who convicted Musa, said she would have sentenced him to community service, but he has no one to stand as guarantor for him.

    Adetuyibi said, ” after carefully listening to the complainant , and to serve as deterrent to others, the court should have sentenced the defendant to community service.”

    ” But, he had no one to stand as guarantor for him and has no traceable address, he is hereby sentenced to one month imprisonment with hard labour,” Adetuyibi said.

    Yunusa, a scavenger was arraigned on a two -count charge of break-in and stealing.

    The prosecutor, Sgt. Olalekan Adegbite, told the court that the convict stole some parts of a molding machine valued at N7, 500, belonging to Mr Kunle Majekodunmi.
    Adegbite alleged that the convict entered through the broken fence into the premises, and claimed to be searching for disused iron rods.

    He said that the accused was caught by the security guard on duty, while he also admitted committing the offences.

    The offences contravened Sections 390 (9) and 413 (1) of the Criminal Code, Laws of Oyo State, 2000.

     

  • Labourer bags three months imprisonment for theft

    A Karmo Grade 1 Area Court, Abuja, on Thursday sentenced a 35-year-old labourer, Shaibu Abas, to three months imprisonment for stealing a cell phone worth N64, 000.

    Abas, a resident of Utako area, Abuja, had pleaded guilty to two- count charge of joint act and stealing levelled against him.

    The judge, Mr Abubakar sadiq, however, gave the convict N15,000 option of fine and warned him to be of good behaviour and desist from committing crimes after serving out his punishment.

    Earlier, the prosecutor, Mrs Auhioboh Florence, had informed the court that on March 16, one Victor Ubasi of No. 5 Adeyinki Adeoti Crescent, Wuse 2 Abuja, reported the case at Utako Police Station.

    Florence said that the complainant parked his car opposite a beer parlour at Wuse 2, whiles the convict and his accomplices, now at large, forcefully opened the car and removed the item.

    She said the accused and his gang stole a Tecno cell phone, valued at N64, 000 and ran away.

    The prosecutor said that the convict was arrested and he confessed to have sold the cell phone at N18, 000, to one Destiny at Wuse market.

    Florence said that the item was yet to be recovered and the offences contravened Sections 79 and 288 of the Penal Code

     

  • Saleswoman faces N2.4m theft charge

    A 32-year-old saleswoman, Slyvia Lemeh, was on Thursday arraigned before an Apapa Chief Magistrates’ Court in Lagos, for allegedly stealing N2.4 million from her employer.

    Lemeh, who is a resident of Ajegunle area of Apapa, Lagos pleaded not guilty to a charge of stealing.

    According to the prosecutor, Insp. Tony Elibeh , the accused committed the offence between the months of January and February at Yusuf Adebayo Street, Olodi Apapa, Lagos.

    He alleged that the accused, who works as a saleswoman at Sebastian Ibe’s shop, stole N2.4 million from him.

    Elibeh said the accused received the sum of N2.4 million being the proceed made from sales, and instead of remitting the money to Ibe, she converted the money to personal use.

    The prosecutor said Ibe reported the case to the police and the accused was arrested.

    He noted that the offence contravened Section 285 of the Criminal Law of Lagos State, 2011.

    The News Agency of Nigeria (NAN) reports that Section 285 prescribes a minimum of three-year jail term for stealing, if found guilty.

    The Chief Magistrate, Mr Titus Abolarinwa, admitted the accused to bail in the sum of N500, 000 with two sureties in like sum.

    The Magistrate adjourned the case till April 12, for mention.

     

  • Security guard faces N 2.5m fraud charge

    A 26-year-old security guard, Mohammed Andoka, who allegedly obtained N2.5 million from accommodation seekers under false pretences, was on Wednesday brought before an Igbosere Magistrates’ Court, Lagos.

    Andoka, who resides at No. 27, Oladimeji St., Lekki Phase 1, Lagos, is facing a three-count charge of conspiracy, stealing and fraud.

    The prosecutor, Sgt. Cyriacus Osuji, told the court that the accused committed the offences on March 13, at 2:00pm., at his residence.

    He alleged that the accused fraudulently obtained the sum of N2.5 million from the complainant, one Mrs Ruth Obaseki, under the guise of renting a three-bedroomed flat to her.

    Osuji said that the accused failed to rent the apartment to the complainant as agreed, after collecting the money.

    The offences contravened Sections 285, 312 and 409 of the Criminal Law of Lagos State, 2011.

    The accused pleaded not guilty.

    The Magistrate, Mr Martins Owumi, granted the accused N500, 000 bail, with two sureties in like sum.

    He said that the sureties must be gainfully employed and must show evidence of three years tax payment to the Lagos State Government.

    Owumi said that the sureties must deposit N100, 000 in the court registrar’s account.

    The magistrate also ordered that the sureties must swear to affidavit of means, and have their addresses verified.

    He adjourned the case until April 20, for mention.

     

  • Housewife docked for beating woman to pulp

    A 28-year-old housewife, Olotu Chizoba, who allegedly assaulted a co-tenant by beating her to a pulp, was on Wednesday arraigned before Magistrate O. Sule-Amzat sitting at Ogudu, Lagos.

    Olotu, who resides at Bello Street, Ikosi Road in Ketu area of Lagos, is being tried for assault occasioning harm.

    The prosecutor, Sgt. Lucky Ihiehie, told the court that the accused committed the offence on March 15 on Ikosi Road.

    He said the complainant, Mrs Samuel Nwali came to Ketu Police Station in company of her husband to report the incident.

    According to the prosecutor, the accused had beaten up the complainant’s two children.

    “The complainant confronted her and the the accused, instead of aplogising to her, descended on her and used a big stick to beat her.

    “She also bit her on her right breast, almost cutting off the nipple.,” Ihiehie said.

    The offence contravened Section 171 of the Criminal Law of Lagos State, 2011.

    The News Agency of Nigeria (NAN) reports that the section prescribes three years for assault occasioning harm.

    The accused, pleaded guilty to the charge.

    However, the prosecutor told the court that both parties were ready for out-of-court settlement.

    Ihiehie said the accused had realised her mistake and had begged the complainant and her husband.

    “The complainant and her husband are in court with a withdrawal letter to settle out-of-court.”

    In her ruling, the magistrate struck out the case for out-of-court settlement.

     

  • Court rejects Moro’s prayer for foreign medical trip

    Justice Nnamdi Dimgba of the Federal High Court, Abuja yesterday rejected an application by former Interior Minister, Abba Moro, for permission to travel abroad on health grounds

    Moro is being tried with some senior officials of the ministry on an 11-count charge of procurement fraud and money laundering brought against them by the Economic and Financial Crimes Commission (EFCC).

    The others are a former Permanent Secretary in the ministry, Anastasia Daniel-Nwobia, a deputy director in the ministry, F. O Alayebami, Mahmood Ahmadu (at large), and Drexel Tech Nigeria Limited, a firm that was given the recruitment job in the ill-fated Nigerian Immigration Service, NIS, recruitment exercise in 2014.

    Moro had, in the application filed by his lawyer, Paul Erokoro (SAN), sought the court’s permission to travel abroad for a medical appointment.

    Ruling yesterday, Justice Dimgba noted that the application, dated December 16, 2016, addressed the request for the defendant to travel out of the country for a medical appointment scheduled for January 2017.

    “A medical appointment for January 2017 cannot be given in March”, the judge said.

    He asked Erokoro to update the application and adjourned to Tuesday, March 21, 2017 for hearing on pending applications.

    Earlier, a Director of Compliance at the Bureau of Public Procurement (BPP), Ishaq Yahaya, was called for further cross-examination. He is the third prosecution witness.

    He had, at the last sitting, on March 16, while being cross-examined by Erokoro and Chris Uche (SAN) – lawyers to 1st and 2nd defendants – said Drexel Tech Global Services “is non-existent”.

    Answering questions by S.I. Ameh, SAN, counsel to the fourth defendant, Drexel Tech Nigeria Limited, Yahaya gave additional insight into how the recruitment exercise of March 17, 2013 that led to the death of scores of Nigerian job applicants, was carried out without due process.

    He informed the court of the prescribed methods by the Public Procurement Act for procurement of services.

    He said: “While the use of ICT cannot be tagged as a criminal activity, the method prescribed by the Public Procurement Act (PPA) for procurement of services are: the Open Competitive Method,  the Special and Restricted Methods, under which are Selective Tendering, Direct Procurement, Emergency Procurement and Two-Stage Tendering. Consultancy falls under all the methods”.

    Regarding the contract (Exhibit AAFD 13), Yahaya said: “The parties to the e-recruitment platform contract were the Ministry of Interior and Drexel Tech Nigeria Ltd. The contractual agreement between the Interior Ministry and Drexel was a Public-Private Partnership project, as indicated by the minister. Drexel was engaged to provide the e-recruitment platform for the government.

    “The item and the amount relating to the operational cost of N83million were not captured in the document. No sum from the Federal Government was invested in this project. Information on a sharing ratio of 70:30 between the Federal Government and the contractor was not captured in the document”.

    He added that there was no supplementary document or addendum with the documents supplied by the ministry for the purpose of review.

    On why the BPP did not write to Drexel Tech Nig Ltd for their account of events, Yahaya said, “We were reviewing the contract and not Drexel, the organization”.