The Nation Newspaper

Tag: Court

  • ‘My wife flirts with different men in our neighbourhood’

    An estranged husband, Alex Imukoro, on Thursday pleaded with an Agege Customary Court in Lagos to dissolve his marriage because of the adulterous ways of his wife.

    Imukoro has been married for 25 years.

    He told court that he was no longer interested in the marriage which had produced four children.

    The estranged man, living at Adewunmi Street in Orile Agege, Lagos, described his wife, Mary as “a flirt and trouble maker.

    “My wife flirts with different men in our neighbourhood. I warned her to desist from such acts until l caught her sleeping with one of our neighbours in his room.’’

    The petitioner also alleged that Mary went to the village in 2011 to confess her adulterous acts.

    “Afterwards, a traditional cleansing was performed on her and l accepted to forgive her after much pleading.

    “But my wife never stopped her immoral ways. She kept conversing with the same man and flirting about.

    “On one occasion, l caught my wife signaling to my neighbour’s husband to meet her up.

    “Due to my wife’s immoral ways, business has not been going smoothly for me.

    “I became scared to have sexual intercourse with her because whenever l do, thing becomes hard for me financially.

    “She is stubborn and lacks in her responsibilities to the family.’’

    Imukoro also pleaded with court to grant him custody of their four children, urging the court to dissolve the marriage without further delay.

    “My wife, a petty trader, always spends her money on frivolous things and her concubines. She does not take proper care of the children and I am seeking immediate dissolution of our association,” he stated.

    Mary, an indigene of Isoko in Delta, who pleaded guilty to the allegations, however, begged court to save her marriage amid tears.

    The President of the court, Mr Phillips Williams, scolded the woman and advised her to change her adulterous ways.

    He told the couple to keep the peace, pending the outcome of the court’s proceedings.

    They were later called into the inner chamber for alternative dispute resolution of the mater.

    The case was adjourned till Feb. 28 for possible reconciliation. (NAN)

  • Court stops firm from dealing in community’s land

    Court stops firm from dealing in community’s land

    Justice Ganiyu Safari of the Lagos State High Court, Epe, yesterday restrained Toll Systems Development Co. Ltd from dealing in a portion of land at Oko-Olomi Village, Ibeju-Lekki, Lagos.
    The judge made the order following an application by three claimants/ applicants, Chief Tajudeen Eleku, Abdulralman Balogun and Chief Lateef Eleku for themselves and on behalf of the Okunu Eleku family of Oko-Olomi.
    Last November 15, the police charged an estate agent, Alhaji Mutairu Owoeye and his son Ganiyu, before an Igbosere Magistrates’ Court, Lagos for the alleged invasion and demolition of 43 homes belonging to 15 villages in Oko-Olomi.
    Apart from Toll Systems, other defendants/respondents are the Governor of Lagos State, the Attorney-General and Commissioner for Justice and the Registrar of Titles.
    Justice Safari granted the interlocutory injunction which stopped the respondents, their agents and privies from dealing in the land measuring 96.492 hectares at Oko-Olomi pending the determination of the suit.
    The respondents were restrained “from embarking on construction, further demolition of structures or erecting any structures on the claimants/applicants’ lands described in a survey plan marked No. AOO/793/015/2016/LA.
    Applicants’ counsel, Bamidele Ogundele, filed the application last May 6, in a suit marked EPD/047/LMW/2016 backed by an eight-page affidavit in support.
    According to the affidavit, the claimants are traditional owners of 96.492 hectares assigned to the firm by the government.
    They said they became aware of the government’s alleged acquisition of the land when Owoeye allegedly invaded the land last April 17, in purported execution of a court ruling.
    His application was opposed by a seven-page affidavit filed by a lawyer, Ugochukwu Ndubuisi, on behalf of the first respondents’ counsel.

  • Court remands two for alleged murder

    Court remands two for alleged murder

    An Ebute Meta Chief Magistrates’ Court has ordered that a teenager and his accomplice be remanded in Ikoyi prison for alleged murder.
    The 17-year-old boy and Lekan Sanusi, 21, were arraigned on a two-count charge of conspiracy and murder.
    They pleaded not guilty.
    Magistrate T A. Elias ordered that they be remanded for the next 30 days pending legal advice from the Directorate of Public Prosecution (DPP).
    Prosecuting Inspector Moses Uamdemevbo said the accused committed the offence on February 1, at about 5.40 p.m., at Iddo terminus.
    He alleged that the accused and six others now at large had rounded up the deceased, Idris Aloma, stabbed him with broken bottles and ripped out his intestines.
    The offence contravened Sections 219 and 409 of the Criminal Law of Lagos State, 2011.
    The News Agency of Nigeria (NAN) reports that Section 219 prescribes death for offenders; section 409 prescribes a two-year jail term.
    Further hearing has been adjourned till March 23.

  • Alleged N1.64b fraud: Court insists Nyame must enter defence

    Alleged N1.64b fraud: Court insists Nyame must enter defence

    •No-case submission dismissed

    Ex-Taraba State Governor Jolly Nyame yesterday suffered defeat in his trial for fraud.
    A High Court of the Federal Capital Territory (FCT) in Gudu, Abuja, dismissed his no-case submission and ordered him to enter his defence.
    Nyame is being tried on a 41-count charge for allegedly misappropriating N1.64billion belonging to Taraba State. On November 22 last year, the prosecution lawyer, Rotimi Jacobs (SAN), announced the closure of the prosecution’s case after calling 14 witnesses.
    Rather than call witnesses, Nyame, represented by Charles Edosomwan (SAN), made a no-case submission, arguing among others, that the prosecution failed in linking him with committing the offences alleged.
    He urged the court to hold that the testimony of prosecution witnesses had been damaged and could not be relied on, adding that crucial elements were missing.
    Nyame asked that the court dismiss the charge, discharge and acquit him on the strength of the alleged inability of the prosecution to prove its case.
    Justice Bukola Banjoko dismissed Nyame’s no-case submission on the ground that the prosecution established a prima facie case against him, requiring the defendant to be called upon to enter his defence.
    The judge said a prima facie case implies a ground for proceeding.
    She added that it did not require proof beyond every reasonable doubt, as is required to find a defendant guilty or not.
    Justice Banjoko said in determining whether a prima facie case is made, the court is required to determine whether the prosecution has made some case requiring clarification from the defendant, no matter how slight.
    “In relation to this court, having had a close look at the evidence and exhibits, I hold that this case requires him to provide information and give explanation with regards to evidence presented by the prosecution. So he is ordered to enter into his defence in the interest of justice,” she said.
    The judge adjourned till March 8 for Nyame to open his defence.

  • 15-yr-old marriage dissolved over abandonment, denial of conjugal rights

    A Customary Court in Agege, Lagos State, on Tuesday dissolved the 15-year-old marriage between Kasoki Olekanma and his wife Ibukun over denial of conjugal rights.

    The court also dissolved the marriage on grounds that Ibukun abandoned her husband and her four children.

    President of the court, Mr Phillips Williams, held that the marriage could no longer stand because “love which is the key ingredient of a valid marriage no longer exists.

    “It leaves no one in doubt that the marriage had broken down irretrievably.

    “Consequently, I hereby order that the marriage between Kasoki Olekanma and Ibukun contracted in 2002 stands dissolved.

    “The respondent (Ibukun) is hereby ordered to vacate the home of the petitioner, return her bride price and revert to her maiden or other name of her choice,’’ he said.

    He urged both parties to keep the peace and not to threaten themselves.

    Olekanma, 51, had filed a suit claiming that his wife was no longer interested in the marriage and had deserted him and their four children.

    He said his wife lacked respect and had also failed in her conjugal duties, having left their home since Feb. 11, 2013 on her own volition.

    “Prior to the time Ibukun left home, she told me she had secured a job in Ado-Ekiti.

    “I asked her how the children will be taken care of in her absence, but she told me to take care of them since I was used to doing so

    “I waited for Ibukun for three and half years, but she never returned home. She abandoned me and the children without looking back,” he said

    Olekanma, urged the court to dissolve the marriage, give him custody of their four children and to award him any other consequential orders as the court may deem fit.

    The News Agency of Nigeria (NAN) reports that the respondent (Ibukun) was absent in court, but sent a message that she was no longer interested in the marriage and that the dissolution could go on in her absence. (NAN)

  • Ibadan murder: Court grants request for adjournment

    Ibadan murder: Court grants request for adjournment

    Justice Mukta Abimbola of the Oyo State High Court has adjourned till March 21 and 22, a case involving a lawyer, Yewande Oyediran, accused of murdering her husband, Lowo, on February 2, 2016.
    Defence counsel Leye Adepoju applied for an adjournment because his team, comprising six lawyers, has not identified its witnesses, because “it has not exhausted the subpoena process being sought”.
    Adepoju said his team would call six witnesses and added that certified true copies of certain documents being sought were received last Friday.
    He explained that certain photographs which the team needs to prepare its case have not been received.
    The counsel said the team lacks the “coercive power” to subpoena witnesses and documents and sought for time to enable him and his team adequately prepare.
    “I promise on behalf of my team that this will be our last request for adjournment in this case, if granted,” he said.
    The prosecuting lead counsel, Sanyaolu Akinyele, who was with two lawyers, objected, as according to him, “it would amount to a delay too many”.
    “This is criminal justice and should attract speedy trial,” he said.
    Justice Abimbola advised the two teams to adhere to the reality of the case.
    The judge said: “Let’s leave out technicalities and arguments in this case. Do you think I should deny the request for adjournment given that that there are many witnesses?
    “The case is for the defence team and it is their case to present. If they have genuine reasons for adjournment, they should be entertained.”
    He advised both parties to decide on the date convenient for them.
    They decided on March 21 and 22 and the court granted their request.

  • Court affirms Ibru as Ikeja Hotels’ chair

    The Federal High Court in Abuja has held that Mr Goodie Minabo Ibru is the authentic chairman of Ikeja Hotels Plc.

    It nullified an extra-ordinary general meeting (EGM) by the hotel held on January 6, 2015, where Ibru was purportedly removed.

    Justice A. Abdul Kafarati delivered the verdict on December 21. A certified true copy of it was obtained yesterday.

    The judgment follows an April 24, 2015 originating summons filed by three shareholders – Prof. Isaac Adalemo, Kes Connestone International Ltd and Mr. Braimoh Ademuyewo Adesina.

    They sued Ikeja Hotels, IHL Services, Ibru, Corporate Affairs Commission (CAC), Security and Exchange Commission (SEC), Mr. Rasheed Olaoluwa, Mr. Olumide Braithwaite, Mr. Tunde Sarumi, inspector general of Police and Diamond Bank plc.

    They sought nine reliefs: a declaration that issuance, service of Notice of Meeting personally or by post on every shareholder is a condition precedent to a valid annual or EGM of a company; a declaration that the plaintiffs being shareholders of Ikeja Hotels are entitled to receive notice of every annual, extraordinary or general meeting; and a declaration that the meeting of January 6, 2015 held without service of notice of the meeting on them is null and void.

    They prayed the court for an order setting aside all resolutions, steps and decisions taken at the purported EGM, as well as an order setting aside the hotel’s Form CAC 7 of January 7, 2015, the purported Board resolution of January 9, 2015 and such further resolutions and actions purportedly taken at the January 6 meeting.

    Justice Kafarati held: “I have considered all the processes filed by the parties in this case and from the said processes the issue for determination are:  whether a meeting of a public company held in contravention of the provisions of sec. 218 (3) 218(1), 220(1) and 221 of the Companies and Allied Matters Act is unlawful, null and void and without any legal consequence, and whether advertising of notice of meetings in national dailies without service of personal notice suffices as notice to members of a public company under the companies and allied Matters Act, and whether a meeting help pursuant to such advertised notice and resolutions made at such meeting is unlawful, null and void and of no legal consequence…I  find merit in the plaintiffs’ originating summons and, therefore, all the reliefs are granted.”

  • What Justice Ademola earns, official tells court

    What Justice Ademola earns, official tells court

    An account official of the Federal High Court yesterday shed light into the earning of federal judges.

    He said a judge goes home with about N833,638.76 monthly made up of N528,638.76 basic salary and N305,000 welfare allowance.

    The Chief Accountant of the Federal High Court, Mr. Awoyemi Adisa,  stated this while testifying at the resumed hearing of the trial of Justice Adeniyi Ademola, his wife Olabowale and a lawyer, Joe Agi (SAN), at the High Court of the Federal Capital Territory (FCT) in Maitama, Abuja.

    He gave a breakdown of  other allowances due to a federal judge as including furniture allowance paid every four years, annual leave allowance, annual estacode for medical check-up abroad and car advance of about N7 million  which the judges are to pay back in 60 months.

    Adisa said he was unable to provide the total amount a judge was entitled to because he had never had cause to do the calculation.

    “Apart from salaries and emoluments, the first defendant (Justice Ademola) is paid other allowances. Honourable judges of the Federal High Court are paid furniture allowance once in four years to the tune of N5,514,280.

    “Aside that, they are entitled to N305,000 monthly welfare allowance. Also they are entitled to allowances for overseas medical check-up once in a year. The estacode allowance is paid. The figure for overseas medical check-up may not be the same from year to year because of fluctuation of dollars.

    “For last year, they were paid air fare to the tune of N1.6m. On this record, the estacode is not stated. But the estacode was paid to them in dollars. Because of the volatility of the exchange rate, the money available could not cater for what was on the budget, so we applied to the Central Bank of Nigeria for dollars after providing them with the travelling documents of the judges.

    “If I can remember, they (the judges were paid $6,300 as estacode. They are also entitled to leave allowance which is N180,474 once in a year. There are some seminars they attend and allowances as well air fare are paid to cover the seminars.

    “To my knowledge, all they are paid is what is contained in this document. I don’t have the total figure of what goes to the judges because I have not totalled them,” he said.

    When asked why the documents he brought to court only contained the judge’s earnings from 2009 to 2016, leaving out 2004 to 2008, the witness said: “Within the short period of time given to us to produce the documents this is what we could readily provide. Prior to 2009, the salaries and emoluments documents were prepared manually.

    “It is noteworthy to mention that the court moved its headquarters from Lagos to Abuja in 2011. The manual records of salaries and emoluments were left behind in Lagos.”

    Under cross-examination, he added that judges are paid car advance of N7,201,000 payable back for 60 months.

    He said not only was Justice Ademola from a well-known family, being a grandson of a former Chief Justice of Nigeria, he was still entitled to benefit from the assets owned by his late grandfather.

    Another prosecution witness, a ballistician with the Police, Taminu Jeremiah, gave evidence in relation to the two Avar Magnum Pump Action guns allegedly recovered from Justice Ademola’s Abuja home during a raid by men of the Department of State Services (DSS).

     An Assistant Superintendent of Police, Jeremiah, who said he was the only surviving ballistician in the police, said the guns fell into the category of prohibited guns for which only the President could issue its licence to individuals. The trial continues today.

     

  • iPhone theft: Police fail to produce Egbegbe in court

    iPhone theft: Police fail to produce Egbegbe in court

    The trial of movie marketer, Seun Egbegbe,  alleged to have stolen nine iPhones from a shop in Computer Village, Lagos, was  stalled on Wednesday at an Ikeja Magistrate owing to the failure of the Police to produce the defendant in court.
    Although, Chief Magistrate, Mrs. Y.O. Aje-Afunwa had set the date for commencement of trial, but neither the Police nor the defendant were in court for the proceedings.
    A Police source however told journalists that the suspect’s failure to appear in court was because he is still in Police custody over alleged foreign exchange scam committed at Gbagada last week.
    The movie marketer was arraigned before Chief Magistrtate (Mrs) Aje-Afunwa in November last year for allegedly stealing nine I-Phones from a company, Kaaltex Innovation Consultancy situated at the computer Village, Ikeja
    The police had arraigned Egbegbe on a one-count charge bordering on stealing.
    The police, in the charge preferred against Egbegbe stated that the stolen iPhones were worth N2.4m.
    The charge reads, “That you, Oluwaseun Olasunkami, on November 22, 2016, at about 9am, at 9, Simbiat Abiola Way, Ikeja, in the Ikeja Magisterial District, did steal nine iPhone 6s, valued at N2,400,000, property of one Kaaltex Innovation Consutancy, thereby committing an offence punishable under Section 278 of the Criminal Law of Lagos State, 2011.”
    Egbegbe had pleaded not guilty to the one-count charge preferred against him by the Police. He was granted bail in the sum of N1 million and two sureties in the like sum.
    Meanwhile, Chief Magistrate Aje-Afunwa has fixed April 12, 2017 for the trial.
  • Court orders freezing of Ozekhome’s N75m account

    Court orders freezing of Ozekhome’s N75m account

    •Lawyer: it’s part payment of legal fees from Fayose

    A Federal High Court in Lagos has ordered the temporary forfeiture of the sum of N75million in the account of a Senior Advocate of Nigeria, Chief Mike Ozekhome, domiciled with Guaranty Trust Bank (GTB).
    Justice Abdulaziz Anka gave the order while ruling on a motion ex-parte filed by the anti-graft agency seeking that Ozakhome’s account be temporarily frozen.
    The sum is said to have been uncovered by the Economic and Financial Crimes Commission (EFCC).
    EFCC’s prayer is on the ground that the N75 million deposited in the said account on December 15, 2016, is suspected to be proceeds of crime.
    Arguing the application which was filed by Mr. Rotimi Oyedepo, counsel to the EFCC, Mr. Idris Mohammed, informed the court that the application was brought pursuant to Section 29 of the EFCC Act.
    Mohammed informed the court that three exhibits marked 01, 02 and 03 were attached to the motion ex-parte.
    He said an affidavit of urgency, sworn to by an investigator of the agency, Tosin Owobo, was also attached to the application.
    Mohammed, therefore, urged the court to grant the motion ex-parte and order a temporary forfeiture of funds in the account for 120 days.
    Delivering a bench ruling on the motion, Justice Anka ordered that Ozekhome’s account with the N75 million be forfeited for 120 days.
    The judge, however, said any party, dissatisfied with the ruling, could file an appeal.
    Ozekhome yesterday said the N75 million frozen by EFCC) was a part payment of legal fees by Ekiti State Governor Ayo Fayose.
    He said it was for legal services he rendered to the governor in his personal capacity, and to his aides.
    “For the records, the N75 million was paid into my account by my client, Governor Fayose as part payment of professional fees for the numerous cases my chambers is currently handling for him (in his personal capacity) and his aides across Nigeria. The money is neither ‘suspected proceeds of crime’ or of money laundering,” he said in a statement.
    Ozekhome said he represented Fayose against EFCC before Justice Taiwo Taiwo of the Federal High Court in Ekiti.
    He said the judge on January 31 dismissed EFCC’s motion seeking to restrain Fayose from withdrawing the remaining balance from his account that was earlier frozen by EFCC but was de-frozen by the judge. EFCC has appealed the ruling.
    The senior advocate said: “The present action of EFCC is clearly calculated to overreach Governor Fayose. This will never happen. I will continue to defend beleaguered and oppressed Nigerians from the antics and highhandedness of publicly-funded government institutions that breach their fundamental rights.
    “It is sickening and inconceivable that money legitimately and legally paid by a client to his solicitor from an unencumbered account wholly and totally de-frozen and unblocked by the judgment of a competent court of law can be termed ‘suspected proceeds of crime or money laundering’.
    “I am a practicing lawyer, not a government employee, contractor or a businessman. I have never laundered and will never launder any money in my life.”