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Tag: Court

  • Court frees Indian brothers of contempt

    The Federal High Court in Lagos has discharged three Indian brothers Chandru Ganglani, Bharat Ganglani and Trishul Ganglani from an alleged contempt charge.

    They were committed to prison custody for one month for disobedience of court order.

    Justice John Tsoho also set aside the committal order.

    The three are directors of Sacvin Nigeria Limited.

    The judge discharged them after hearing their application/motion on notice in which they stated that they had purged themselves of the contempt.

    According to them, they purged themselves of the contempt following an amicable resolution of the suit between VIK Industries Limited and Sacvin Nigeria Limited.

    The terms of settlement dated March 26, 2012 was executed and adopted as the judgement of the court in the  suit.

    The application was moved by the contemnors/applicants’ counsel Bernie Azu Otukam-Iyama.

    He prayed for an order of the court to discharging the contemnors/applicants from the committal order of the court made on March 19, 2012.

    He also sought an order setting aside the same committal order made by the court on same date, which committed his clients for civil contempt as the directors and alta ego of the defendant/ applicant (Sacvin Nigeria Limited).

    After hearing the application as moved by the counsel representing the applicants, which was not opposed by the respondents, Justice Tsoho granted the it as prayed.

    The application was brought pursuant to Order X, Rule 20 of Judgement (Enforcement) Rules Cap S.6 Laws of the Federation of Nigeria 2010.

    The judge said having purged themselves of contempt less than seven days of the committal order, they were entitled to be discharged order and that it should be set aside.

    He said the order made by the court on March 19, 2012 was to the effect that the three respondents be committed to prison custody until they purged themselves of the contempt.

    “Since evidence is furnished of their having purged themselves of the contempt, this application which is not opposed is granted as prayed and orders accordingly,” the judge ruled.

    The applicants had through their counsel averred that they are directors of Sacvin Nigeria while the third contemnor/applicant was never a director of the defendant/applicant company.

    It was also stated that following the committal of the applicants to prison, there was meeting of the parties to reach an amicable resolution of the substantive case which culminated in the filling of terms of settlement dated March 26, 2012.

    Upon an application of same date, judgment was entered on terms reached by the parties and the contemnors/applicants were released from prison custody on the same March 26, 2012 without a formal order of the court discharging them from the committal order.

    They submitted that it is necessary to have the contemnors/applicants discharged properly from the committal order of the court.

    They contended that the court order discharging the applicants is necessary because since the committal, they had been refused travel visas and opening of foreign accounts which also adversely affected and disrupted their individual private lives.

    They further argued that since the suit had long been resolved and settled out of court, it was, therefore, necessary that the committal order be set aside by the court in the light of reconciliation of the parties.

    The applicants contended that they were entitled to be discharged from the committal order and same set aside in view of the fact that the parties had resolved and settled the issues between them amicably.

    The three Indian brothers were committed to prison custody for one month on March 19, 2012 by Justice Tsoho for disobedience to court order.

    They were said to have disregarded a court order restraining them from producing and marketing plastic products using Sacvin Nigeria Limited logo, pending the final determination of the subsisting suit instituted against their company by VIK Industries Limited.

  • Court to hear ex-employee’s suit against bank March 24

    •’We don’t owe him any obligation’

    The National Industrial Court (NIC) Lagos will on March 24 hear a suit filed by a fomer employee of Ecobank Nigeria Limited against the bank .

    Gbite Mathew Adegoke  sued for alleged wrongful termination of his employment.

    He is claiming N1.2 billion as damages and special damages having suffered near paralysis in the line of duty.

    The bank has, however, denied owing him any duty of care save what is established in his contractual employment.

    Adegoke, through his lawyer, Jiti Ogunye,  said he was employed by Oceanic Bank on April 11, 2006 as a Manager and was the pioneer Ota, Ogun State, branch manager.

    He said due to hard work, he was promoted as a Regional Manager in 2007 and redeployed to Oyo as Regional Manager, Western Zone 1. On May 26, 2008, he was deployed to the Western Zone Region 6.

    He said he was responsible for opening up the bank in the Western Zone, particularly in the in the rural areas.

    According to him, ee assisted the bank in opening more than 10 branches.

    One the branches he opened that really benefitted the bank is the Canaanland branch.

    Canaanland is the headquarters of the Living Faith Church (Winners Chapel) where he grew the balance sheet consistently from a paltry N1.2 billion to N21 billion.

    He said he received a letter of commendation from the bank’s Managing Director.

    Trouble however, started on July 11, 2009, while on a trip to Lagos for an official meeting.

    He said he encountered armed robbers on Lagos- Ibadan Expressway.

    The robbers, he claimed, shot at him and their bullets penetrated his spinal cord, rendering him a near total paralysis. This, he said, was before Ecobank took over Oceanic Bank in a merger.

    The management of Oceanic bank immediately took responsibility by transferring him from the University of Ibadan College Hospital to Lagoon Hospital, Lagos.

    At Lagoon, doctors battled for five hours to save his life.

    Bullets were extracted from his body while the doctors also were able to extract the lone bullet that was lodged in its spinal cord.

    All the expenses were borne by  Oceanic Bank, he said.

    Immediately after he was stabilised, the bank flew him to South Africa for  better treatment.

    It was in South Africa that it was discovered that the bullet lodged in his spine had affected the nerves that controls his movement.

    He was in a South African Hospital for five months where doctors battled day and night to save him from total paralysis and restore the use of his legs.

    It was while in South Africa that the Central Bank of Nigeria (CBN) announced the takeover of Oceanic Bank and subsequent merger with Ecobank.

    Adegoke said while in the hospital bed in South Africa, his salaries were paid in full for three months (July – September 2009), reduced by 50 per cent from October- December 2009, and between January- April 2010, his salaries were stopped, leaving him and his family at the mercy of friends and relations.

    Since he could no longer undertake even small personal chores, he had to rely on his wife, who had to abandon her trade to take care of him.

    When he reported back to work, he was asked to proceed on suspension on the account of a cheque that was returned while he was in hospital in South Africa.

    He said the Human Resources Department of Ecobank did not recall him until February 5, 2010 after thorough investigations into circumstances that led to the suspension. The bank rescinded its decision. He was then directed to resume work as the Branch Manager of Canaanland Branch on March 29, 2010.

    Adegoke said despite his health conditions, he he was again promoted as the Area Manager of the bank in August 2012.

    “The balance sheet then was N13 billion, but he also grew same between January and October 2013 from N14 Billion to N21 billion and this feat earned him the Managing Director’s letter of commendation and a notch increase in January 2014,” he averred.

    He said it was in this same year that his victimidation by the bank started.

    He was queried by the Regional Manager, Mr Samuel Afonja for losing a business to a competitor. The business he allegedly lost was on the account of Covenant University which opened its own Microfinance Bank and placed its funds there rather than Ecobank.

    The bank was not happy the he could not use his closeness to the leadership of the Living Faith Church to swing the business to the bank. He was stressed to the extent that his doctors had to recommend a two day sick leave for him to attend to his health which had deteriorated again.

    After the two days, he applied for his annual leave to enable him take care of his health. The  leave was not approved for more than two weeks.

    He nominated the most senior branch manager under him to act on his behalf and proceeded on leave.

    The Executive Director, Mr Kingsley Aigbkhaevbo called him up angrily rebuking his proceeding on leave. He had to force himself back to work.

    Accoding to him, on November 19, 2004, he was redeployed to Canaanland and downgraded back to the position of Branch Manager and was forced to accept the downgrading before his leave was approved.

    Sensing that he was being  set up for termination of his appointment, he caused his lawyer to write a petition over his unfair treatment and programmed termination of employment. The letter was dated December 16, 2014. The bank replied the letter on January 6, 2015 but did not address the issues he complained of.

    On January 21, 2015, Ogunye again wrote another letter over his demotion, unfair treatment, and programmed termination of employment. By February 2015, the bank carried out a restructuring and after, he was not assigned any office until January 6, 2016 when his appointment was terminated.

    Not satisfied with the termination, the defendant approached the court seeking the award of special and general damages of N1.2 billon from the bank.

    However, in the defence filed by the bank’s lawyer, Chief Anthony Idigbe (SAN), the bank refuted Adegoke’s claim.

    “After the restructure of her workforce, the claimant was deemed surplus to requirements and was subsequently issued a letter of termination of employment dated January 4, 2016.

    “The defendant was never pushed out of employment, forced out in a precarious health condition, rendered unemployable and demoralised.

    “Rather, in order to restructure her workforce, the contract of employment for some staff was determined and the claimant’s employment was terminated,” the bank said.

  • Court admits documents of Nyako’s over 30 bank accounts

    Court admits documents of Nyako’s over 30 bank accounts

    The Federal High Court, Abuja, on Monday admitted in evidence documents comprising account opening documents and statements of account of over 30 accounts allegedly used by former Adamawa Governor, Murtala Nyako.

    The documents were produced by a prosecution witness, Mr Remigius Ugwu, a staff of Zenith Bank.

    Ugwu told the court that as a compliance officer of the bank, he worked closely with the Economic and Financial Crimes Commission (EFCC), the Department of State Security (DSS) and the Nigeria Police.

    According to him, I respond to their enquiries and request in respect to customers’ accounts.

    Ugwu told the court that he worked together with a former prosecution witness, Mr Olabode Farinuola who in the course of the trial went on annual leave and subsequently resigned his appointment with the bank.

    Earlier, the prosecuting counsel, Mr Rotimi Jacobs, made an application for the substitution of a prosecution witness.

    Trial judge, Justice Okon Abang granted the request since there was no objection from the defence.

    Abang adjourned the matter till Feb. 21 for continuation of trial.

    The News Agency of Nigeria (NAN) reports that the absence of a prosecution witness had stalled proceedings in the matter on Jan. 25.

    The prosecuting counsel, Mr A.O. Atolagbe had told the court that the proceedings for the day was to get the response of the defence to the admissibility or otherwise of some documents tendered by a witness.

    He, however, said that the witness was not in court because he was on leave and outside Abuja.

    The defence counsel, Mr Ibrahim Isiaku (SAN), who said he was holding the brief of Mr Kanu Agabi (SAN) on that day urged the court to adjourn the matter since the witness was not in court.

    Abang had frowned at the prosecution’s thinking that the matter could go on without the witness present in court.

    He said that it was the position of the law that the witness must be in court since the said document sought to be tendered involved him.

    He said that the prosecution had failed to give a reasonable excuse as to why the witness was not in court.

    Nyako and his son, Sen. Abdulaziz Murtala-Nyako are standing trial over alleged N40 billion fraud.

    The father and son, who is a serving senator are facing a 37-count money laundering charges, alongside two others, Zulkifik Abba and Abubakar Aliyu.

    They allegedly diverted the funds from the Adamawa treasury between January 2011 and December 2014.

    The funds were allegedly diverted through five companies – Blue Opal Limited, Sebore Farms &Amp Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited and Crust Energy Limited.

    The companies were also charged before the court as the 5th to 9th defendants. (NAN)

  • Man charged with ATM card theft

    Man charged with ATM card theft

    A 40-year-old man, Emmanuel Ogheneare, who allegedly stole an Automated Teller Machine (ATM) card under false pretence, was on Monday arraigned in  an Igbosere Magistrates’ Court in  Lagos.

    Ogheneare, whose address was not given, is standing trial on a three-count charge of conspiracy, stealing and fraud.

    The prosecutor, Sgt. Okete Ejime, told the court that the accused committed the alleged offence on Feb. 7, 2016, at 3:40p.m., in Lagos.

    He said that the accused conspired with others still at large to fraudulently obtain a First Bank ATM card with No. 36782266408, belonging to Mrs Mabel Agbale.

    Ejime said that the accused pretended to assist Mrs Agbale to withdraw some cash, and  instead, swapped the ATM card with an intention to commit a crime.

    The prosecutor said that the accused stole the ATM card and used it to withdraw N830, 000.

    “The money stolen belonged to Agbale,’’ the prosecutor said.

    He said that the offence contravened Sections 285, 404 and 409 of the Criminal Law of Lagos State, 2011.

    The accused, however,  pleaded not guilty to all the three –count  charge.

    The Magistrate, Mrs G. O. Oghire, granted the accused  N100, 000 bail with two sureties in like sum.

    She said that the sureties must show evidence of  one year tax payment to the Lagos State Government, must be gainfully employed and their addresses must be  verified.

    The case was adjourned till March 30 for mention.

  • Court strikes out suit challenging Magu’s position

    Court strikes out suit challenging Magu’s position

    A Federal High Court on Monday in Lagos struck out a suit challenging the position of Mr Ibrahim Magu as Acting Chairman of the EFFC.
    A rights activist, Mr Ebun-Olu Adegboruwa, had filed the suit, seeking an order to restrain Magu from holding the office in acting capacity.

    Adegboruwa is also asking the senate not to entertain any further request for the confirmation of Magu as chairman.

    The defendants in the suit are the senate, the attorney-general of the federation, the EFCC and Magu.

    At the resumed hearing Justice Mojisola Olatoregun, struck out the suit, following Adegboruwa’s application to withdraw the suit.

    Mr Tayo Oyetibo, a Senior Advocate of Nigeria (SAN) and Counsel to the applicant, while addressing the court, explained that his client had decided to discontinue with the case.

    Oyetibo said that soon after he took over the case, he had to convince the applicant on the need to withdraw the case to encourage Magu in his current war against corruption

    “There is need to give Magu the opportunity to continue the anti-corruption campaign of the present administration and since this case may affect his confirmation, it is better to discontinue it,” he stated.

    Confirming Oyetibo’s application, Adegboruwa maintained that he was persuaded by his counsel, to withdraw the suit on the grounds that Magu would do a good job in his approach to the anti-corruption drive of the administration.

    The Defence Counsel, Mr Wahab Shittu, who did not oppose the application for withdrawal, argued that the move would boost the anti-corruption war.

    Olatoregun accordingly struck out the suit as prayed.

    Adegboruwa in his 39-paragraphs affidavit in support of his earlier application for dismissal of Magu, traced his appointment back to Nov. 9, 2015.

    The applicant argued that Magu had been functioning in acting capacity as EFCC Chairman, beyond the six months allowed by law.

    Adegboruwa had argued that since the Senate had refused to confirm Magu as substantive chairman of the EFCC, it remained an illegality for him to continue to function in acting capacity.

    Citing the provisions of Section 2 (3) of the EFCC Act, Adegboruwa argued that the section made confirmation by the senate a condition precedent to the appointment of the EFCC chairman.

    He had argued that since the provision of Section 2 (3) of the EFCC Act was activated by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected him for the substantive appointment.

    Adegboruwa also stated that in defiance of the decision of the senate not to confirm Magu, he had continued to parade himself in office as EFCC chairman.

    He said that an example of such an act was when he met with representatives of the U.S. embassy on Jan. 6 this year, clearly defying the decision of the senate.

    Adegboruwa had, therefore, asked the court to restrain the EFCC and all other authorities from recognising, treating or in any other manner, dealing with Magu as the Chairman of EFCC, either in acting or substantive capacity.

    He had also sought a declaration that given his conduct in office so far, he was not a fit and proper person to function in office as chairman of the EFCC.

    Consequently, Adegboruwa had asked the court to give an order forthwith, directing Magu to vacate and relinquish his office as EFCC Chairman, whether in acting or substantive capacity.

    The applicants had also sought a court order, declaring void, all actions taken by the EFCC under the tenure of Magu, especially charges and information preferred in court. (NAN)

  • Court slams N20m damage against police for assaulting lawyer

    In Owerri High Court has awarded N20 million as damage against the police for assaulting an Owerri lawyer, Chukwuemeka Amaghiro, last year.

    In his judgment, Justice K.A. Orjiako said the respondents were found guilty of gross violation of the applicant’s right.

    Amaghiro in 2016 filed a suit of violation of his right against the Police Service Commission, Nigeria Police, Commissioner of Police in Imo State and the OC D8 SARS Investigative Police Officer, Bassey Ikpa, for assaulting him.

    Orjiako held that evidence before him proved the lawyer’s right was violated.

    He said he awarded the damage considering the reputation of the person assaulted and the provision of the law on human right violation.

    Orjiako advised the police to respect human right while discharging their duties.

    Amaghiro and Emeka Iwuchukwu were allegedly assaulted by police officers when they visited their client, Keziah Nwoha, who was in police detention in 2016.

    Iwuchukwu was awarded N10 million as damage on December 6, 2016 in an Owerri High Court presided over by Justice E.F. Njemanze.

    Counsel to the applicant, Mr. Soronnadi Njoku, told NAN his clients approached the court due to how they were manhandled by police officers on the instigation of the OC SARS D10, Mr. Emenike.

    He said the two lawyers visited the police to find out why their client was arrested and detained, as her case was still pending in court.

    “When the lawyers got to the police, the Investigating Police Officer, Mr. Bassey Ikpa, became hostile.

    “The lawyers became helpless and approached his superior, who directed the officers to deal with them,” he said.

    He said he would enforce the two judgments simultaneously to ensure the damage awarded to the applicants was paid.

    The respondents and their lawyers were absent during the judgment.

  • Court remands teenager in prison for ‘robbery’

    An Asaba Magistrates’ Court in Delta State has ordered the remand of a teenager (name withheld) at the Ogwashi-Uku Prison for alleged robbery.

    The accused is facing one-count charge of robbery.

    The Magistrate, Mrs. Okonkwo Aknume, who gave the order, adjourned the case till February 27.

    The prosecutor, Mr. Ali Samson, told the court the accused allegedly committed the offence on December 5 at Agbagana Street, Jarret, Asaba.

    He said the accused allegedly robbed Mr. Chibiuke Nnwite of his Techno phone, wallet and N34,000 while armed with an iron rod.

    The prosecutor said the offence contravened sections 6(b) and 2(a) of the Robbery and Fire Arms (Special Provision) Act Cap R11 Vol 14 Laws of the Federation of Nigeria 2006.

    The plea of the accused was not taken.

  • Appeal Court verdict: Further litigation will ruin PDP in 2019

    Appeal Court verdict: Further litigation will ruin PDP in 2019

    A Chieftain of the Peoples Democratic Party (PDP), Mr Victor Akande, on Saturday said that any further litigation would ruin the chances of the party in 2019 General Elections as many followers would have left.

    Akande, representing Ojo Constituency I at the Lagos State House of Assembly made the plea in an interview with the News Agency of Nigeria (NAN) in Lagos, following an Appeal Court verdict in favour of  Sen. Ali Modu Sheriff.

    He appealed to the Alhaji Ahmed Makarfi-led faction of the PDP to “sheath their swords’’ and rally round Ali Modu Sheriff.

    The lawmaker, who was reacting to the Appeal Court’s ruling on Friday that declared Ali Modu Sheriff as the authentic National Chairman of the PDP, said enough of litigations.

    “I think this judgement should put an end to all leadership crisis rocking our party.

    “We used to be one family before. This latest judgement should bring all of us together to reposition the party.

    “I wish all the aggrieved leaders would sheath their swords.

    “Makarfi’s faction should not proceed on any legal tussle again. What is needed now it unity before it will be too late for PDP.

    “The party has suffered so much through this division and infighting. The party is daily depleting as we have lost so many members to fracas in the party.

    “Just on Thursday, six out of eight of us in the Lagos Assembly including the Minority leader defected to APC. This development made me wept for the party.

    “Any further legal tussle will not help the party again. It will delay the chances of coming back to power in 2019,’’ Akande, Chairman, House Committee on Central Business District said.

    He urged the Makarfi group to respect the agreement by both factions to accept the ruling of the Appeal Court wherever it turned.

    “How I wish the Makarfi group would come and embrace peace and rally round Sheriff to move the party forward.

    “It is high time we forge ahead and forget things that set us backward,’’ he said.

    Akande, who urged the party stakeholders to shun selfish interest in the interest of the party, said he did not join his colleagues who defected to APC because of his faith in the party.

    NAN reports that the Court of Appeal in Port Harcourt on Friday upheld Ali Modu Sheriff, as the authentic National Chairman of the PDP.

    The court in the ruling, nullified the PDP National Convention held in Port Harcourt in May, 2016.

    It also nullified the National Caretaker Committee of the party constituted at the convention, and held that Ali Modu Sheriff remained the National Chairman of the party.

    The court said that PDP did not follow the provisions of Article 47 (3) of its Constitution in the removal of Sheriff-led National Working Committee. (NAN)

  • Court dissolves marriage over wife’s HIV status

    A Jikwoyi Customary Court, Abuja, on Friday dissolved the marriage between Joseph Danjuma, a farmer, and his HIV positive wife.

    The Presiding Judge, Everyman Eleanya, who ordered the dissolution of the marriage, said that the court had done everything possible to reconcile the parties.
    “ The court did everything possible to reconcile the couple but all efforts failed.’’

    Eleanya dissolved the marriage and ordered that the bride price be returned to the husband.
    Earlier, Danjuma had told the court that he still loved his wife even with the HIV.

    “My wife got pregnant and put to bed in 2012; the child got terribly ill and died.

    “Due to the ailment and death of the child, I insisted that my wife be tested of HIV, which the doctor did and she tested positive.
    “Because I still loved my wife, we used condom as a means of protection during sexual intercourse.
    “But as time went on, she refused me using condom on her, and insisted on intercourse without condom,” he narrated.

    The respondent, who admitted being HIV positive, consented to the dissolution of the marriage, adding that she was tired of the marriage. (NAN)

  • Man, 42, docked for allegedly defiling 12-year-old girl

    A 42-year-old man, Abiodun Inawole, charged with defiling a minor was on Thursday arraigned at a Surulere Chief Magistrates’ Court in Lagos.

    Inawole, a resident of Block 11, Flat 9, Rabiatu Thompson St., Surulere Lagos, was alleged to have defiled a 12-year-old girl.

    ‎The Prosecutor, Sgt. Anthonia Osayande, told the court that‎ the accused committed the offence at his residence on Jan. 26, 2017.

    ‎‎She said the accused, who resided in the same block with the victim’s parents, sent the child on an errand and that when she returned he closed the door behind her and assaulted her sexually. ‎

    Osayande told the court that the victim reported what the accused did to her to her mother, hence the arrest.

    ‎She said that the offence contravened section 261(1) of the Criminal Law of Lagos State 2011.‎

    ‎However, the defendant pleaded not guilty to the charge.‎

    ‎The Senior Chief Magistrate, Mrs Ipaye Nwachukwu, granted bail to the accused in the sum of N200, 000 with two sureties in like sum.‎

    Nwachukwu ordered that one of the sureties must be a civil servant of not below grade level 14, while the other must be a community leader or a cleric, with evidence of tax payments and verified addresses.

    She ordered that N50, 000 should be deposited with the court registrar and adjourned the case till March 28, pending advice from the Department of Public Prosecution (DPP). (NAN)