A 38-year-old divorce seeking woman, Mrs. Jacinta Ezeja, yesterday showed a Grade 1 Area Court, Mararraba, Nasarawa State, wounds and scars inflicted on her by the husband.
Ezeja, who is seeking the dissolution of the eight-year-old marriage, accused her husband, Kelvin Ezeja, of constantly beating her and the children at the slightest excuse.
“As I stand here, I am afraid of going back to the house because I do not even know what he will do to me after this court sitting,” she said.
She said the last incident involved their last son of about two years.
“He beat the little boy so mercilessly and flung him to the ground, leaving him with bruises on his forehead,” Jacinta said.
She begged the court to come to her relief because the husband had proved that he was not ready to live in peace.
Ezeja said she had never known peace and happiness in the marriage, and alleged that the man usually destroy household items and threatened to kill her.
“At every slight argument or provocation by me or an outsider, he transfers the aggression on me, my children and destroys any valuable item in the house; incidentally, the items were bought with my money.
“He does not give money for our upkeep; he rather collects the little one I have, or in my absence, he will sell the goods in my shop and squander the money.”
She said Ezeja had never loved or appreciated her “despite giving him four children and devoting my life and love to him all these years. I do not want to live with him anymore; I do not want him to kill me. Even his parents are tired of his attitude towards me.”
The News Agency of Nigeria (NAN) reports that the respondent, Kelvin, did not deny the allegations but told the court that Jacinta was fond of provoking him.
“She always starts the fights,” he claimed.
The presiding judge, Albert Maga, adjourned the case to February 8, to give the couple more time to settle out of court failing which hearing will continue.
Tag: Court
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Battered wife shows scars in court
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Court sacks Ekiti PDP exco faction loyal to Fayose
•Lawyer, judge exchange words •‘We’ll appeal verdict’
Less than a week after he emerged Peoples Democratic Party (PDP) Governors’ Forum Chairman, Ekiti State Governor Ayo Fayose has lost the grip of the party machinery at the state level, leaving his succession plan in jeopardy.
The Federal High Court sitting in Ado-Ekiti yesterday sacked the PDP executive loyal to Fayose, which is led by former Commissioner for Information Gboyega Oguntuase and gave a legal recognition to the executive led by Williams Sunday Ajayi.
The Ajayi faction is backed by Senator Buruji Kashamu and is loyal to factional PDP National Chairman Ali Modu Sheriff, which set out the guidelines for the conduct of ward, local government and state congresses at the time the suit was filed.
Justice Taiwo Taiwo gave an order recognising the executive led by Ajayi as valid and authentic to oversee the business of running the PDP in Ekiti State based on evidence before the court.
The judge also ordered the Independent National Electoral Commission (INEC) to recognise the Ajayi-led exco, holding that the electoral agency should only deal with Ajayi and his exco as validly constituted in line with the Electoral Act and the PDP constitution.
The court granted Reliefs 2, 3 and 5 in favour of Ajayi and his secretary, Ilesanmi Obe, who are the plaintiffs in the suit marked FHC/AD/CS/21/2015.
The defendants are INEC, PDP, Sheriff, Wale Oladipo and Oguntuase.
It held that any averments not controverted by is deemed to be admitted as processes before him was to the effect that Sheriff and Oladipo were national chairman and national secretary respectively since the 2nd, 3rd and 4th defendants did not oppose or challenge averments in the Originating Summons, the court can admit the averments as true if not challenged.
The court ruled that in as much as Sheriff as the National Chairman and Oladipo as the National Secretary at the time the suit was filed had the backing of the Electoral Act and the PDP constitution to set guidelines for the congresses, the congress conducted by was valid.
The court also held that all documents attached to the Originating Summons remained uncontroverted while the 5th defendant (Oguntuase) filed no counter-affidavit stressing that: “documentary evidence filed in court is more reliable and credible than oral evidence.”
The court held that the 1st defendant (INEC) did not present any document before it on whose authority it supervised the congress held at Adetiloye Hall which produced Oguntuase.
Oguntuase’s counsel, Bimpe Olatemiju, made a spirited effort to arrest the judgment citing an application filed at the Court of Appeal, Ado Ekiti Division, to stay proceedings on an earlier ruling of the court delivered on December 12, 2016 which was rebuffed by Justice Taiwo.
Olatemiju also told informed the court of a letter from a Senior Advocate, Chief Mike Ozekhome, dated January 19, 2017 to the effect that parties in the suit have appeared before the Court of Appeal on January 18 on the pending motion at the appellate court.
He argued that the court should wait till February 1, 2017 when the application of his clients will be argued at Court of Appeal, Ado Ekiti.
Counsel to the plaintiffs, Niran Owoseni, urged the court to discountenance the legality of Ozekhome’s letter which was served on him (Owoseni) earlier in the day.
Owoseni argued that parties in the suit at the Federal High Court are different from parties at the Appeal Court and that the subject matter in the case at the lower court was different from the subject matter at the appellate court.
Taiwo frowned at attempts by Olatemiju to arrest the judgment asking all counsels leading to verbals exchanges between the duo for several minutes.
The judge went into his chambers at 1.20 pm to write a ruling. He emerged from his chambers at 2.23 pm to deliver the ruling in which he dismissed the submissions of Olatemiju.
Taiwo in his ruling held that Ozekhome’s letter should not be elevated to the pedestal of Motion on Notice saying: “I do not see how I can be convinced that the letter should not be discountenanced as motion for stay dated 17th January 2017 was not filed by him and motion on appeal was not filed by him.”
He held that counsel to the 5th defendant (Olatemiju) was not ready to move the pending application adding that the court will not embark on speculation or conjecture stressing that the purpose was to arrest the judgment the court was ready to deliver.
Apparently miffed by Justice Taiwo’s determination to proceed with the judgment, Olatemiju signified his intent to leave the courtroom but was overruled by the judge who threatened to report the lawyer to the Nigerian Bar Association (NBA) Disciplinary Committee
The judge thereafter proceeded with the judgment in which he held: “ A political party must operate within certain guidelines and when there is a crisis of this nature in a party, we use the party’s constitution and the 1999 constitution to remedy the constitution.
“It is not in dispute that 2,3,4,5 respondents were jointly represented, and not in dispute that 2 and 3 are members of the PDP . It is not also in dispute that 3rd and 4th respondents were still acting as the chairman and National Secretary.
“So, going by the PDP’s guidelines, the power to conduct congresses at the wards, local governments and state levels can only be directed by NWC and since these people were still in charge at that time, any other directive or parallel congress by any other body is null and void.”
PDP members loyal to Ajayi celebrated the judgment within the court premises praising the Judiciary for “being on the side of the truth.”
Ajayi said: “We salute the court for this very brilliant judgment which has further confirmed the Judiciary as the last hope of the common man. The court has done justice to PDP members who elected my executive at the valid congress conducted.
“This judgment has put an end to impunity in Ekiti by interlopers and this verdict has has restored sanity to our party. The party is now focused to conduct its businesses and bring back many of our members and leaders who had left when the impunity was reigning
Oguntuase said: “We will appeal the judgment. I plead with all the PDP members in the state to remain calm. In that judgement, I saw humour and I didn’t see honour and candour.
“How will you call yourself a Chairman when the governor is not behind you, when all the National Assembly members and state assembly lawmakers are not behind you? So, this is not the last court.” -
33-year-old marriage dissolved over denial of sex , irrational behaviour
An Aba-na-Ohazu Customary Court, near Aba, on Tuesday dissolved a 33 –year-old marriage between Eugene Okoli and his wife, Harrieth, on grounds of denial of conjugal rights and irrational behaviour.
The dissolution of the marriage, contracted in 1983, followed a suit filed by Okoli claiming that his wife had been behaving irrationally and had denied him sex for 8 years running.
“My wife is cantankerous and nagging, without justifiable cause. She has for over 8 years now denied me my conjugal rights.
“She now reacts to me in a despicable manner, which I think is intolerable. And all the efforts I have made to reconcile with her have failed because of her intransigence.
“From her ways of doing things now, it is clear that there is no more love existing between us,” he submitted.
He, therefore, prayed the court to dissolve the marriage having seen evidences that it had broken down irretrievably.
In her defence, she alleged that her husband beats her at will, for which she had reported him to the Human Rights Commission at their zonal office which serves Abia in Enugu, Enugu State.
She stressed that she entrusted her husband with the gains of her trading, which gave the family three shops at Cemetery Market and 4 plots of land in Aba and had benefitted much from her efforts.
She said that her husband had sold out two plots of the land with only two remaining now, while occupying the four rooms bungalow built in one of them at Alaoji, Ugwunagbor LGA, Aba.
Harrieth, therefore, rejected the idea of dissolution of the marriage but opted for separation between her and her husband.
Magistrate Diamond Olewengwa, having heard the parties, noted that it was obvious that the parties were no longer compatible as love, which is a cardinal point of marriage, was now extinct.“ Indeed, I am of the view that rather than continue to live in a union that may lead to either party losing his or her life, it is better to severe them for both to remain alive,” he ruled.
The magistrate, therefore, declared the marriage dissolved and asked Harrieth to return her N1, 100 bride price, hence both are now free to remarry anybody of their choice.
Olewengwa granted Harrieth continued ownership of two out of three shops she claimed and gave Eugene ownership of the remaining properties the family owned. (NAN)
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Confusion as court stops Oyo council polls
There was confusion among parties in Oyo State at the weekend, following a court ruling restraining the State Independent Electoral Commission (OYSIEC) from conducting the February 11 local government election.
Though details were sketchy, it was gathered that a federal high court in Abuja on Friday granted the prayer of a team of baales (village heads), who sued the commission.
The electoral umpire had slated election into the 33 local governments and 35 Local Council Development Area (LCDAs) for February 11.
But some baales in Oyo West, Atiba and Oyo East local governments sought an order restraining the commission from conducting the planned election pending the determination of the case.
It was learnt that they are angry that delineation of the LCDAs ceded away part of their domains.
was learnt that parts of their domains were ceded to Afijio.
A source said the baales simply wanted the issue resolved before any election holds in the LCDAs.
The order, it was learnt, was granted towards closing hour on Friday, making it difficult for the information to be officially circulated.
The development has caused commotion among major parties and their candidates, who were finalising preparations for the election.
Accord Party, Social Democratic Party (SDP) and Peoples Democratic Party (PDP) revealed that their candidates have emerged; the All Progressives Congress (APC) slated its primary for tomorrow.
The council poll is coming 10 years after the last exercise was conducted during the tenure of former Governor Rashidi Ladoja in 2007.
Reacting yesterday, SDP State Publicity Secretary Akeem Azeez said: “It is quite unfortunate that an opportunity to expose rejection of the APC-led government in the state has been postponed.
“Without doubt, APC-appointed OYSIEC has shown enough reasons to doubt its capacity and sincerity to conduct credible local government election in Oyo State.”
APC spokesman Wale Sadare was not available for comments.
His OYSIEC counterpart, Cosmas Nnadi, was also not available for comments.
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Court awards N9m damages against EFCC, firm over lawyer’s detention
A Federal Capital Territory (FCT) High Court has declared unlawful the detention of a lawyer, Sylvanus Okpetu, for seven days by Economic and Financial Crimes Commission (EFCC) without a court order.
Justice A.S. Adepoju, in a judgment on a fundamental rights enforcement suit by Okpetu, faulted the seizure of the applicant’s belongings; awarded N6 million damages against EFCC and N3 million against Julius Berger Services Nigeria Limited and ordered them to offer a public apology to Okpetu.
The applicant had, through his lawyer, Mike Ozekhome (SAN), sued EFCC and Julius Berger, alleging violation of his fundamental rights by the respondents, following his detention between June 11 and 17, 2015 by EFCC upon a petition purportedly written by Julius Berger.
The petition alleged fraud against Okpetu.
Okpetu, in a supporting affidavit, stated that he had rendered some professional services to Julius Berger through his company – Sylvarewa Global Resources Limited – following which there was a disagreement on payment.
He added: “On the 11th day of June 2015, I was at a hotel in Warri, Delta State, with one Barrister Tony, when an operative of the 1st respondent (EFCC), who introduced himself as Mr. Dein Whyte, in company of some fully armed operatives, emerged from nowhere and informed me that I was under arrest.
“The operatives proceeded to conduct a search on both my office and house without any search warrant to that effect shown to me, and carted away the originals of all my credentials, my company certificate of accreditation, among other certificates and items.
“I was forcibly dragged like a common criminal, more in the form of kidnap, and driven to the Nigeria Police Station, ‘A’ Division, Warri by the same fully armed operatives of the 1st respondent. I was detained there without any record taken of my arrest.
“The following day, June 12, 2015, I was taken to EFCC office, Abuja, where I was further detained till late evening of June 17, 2015 before I was eventually released on administrative bail, after a period of seven days,” Okpetu said.
In the judgment delivered last Friday, Justice Adepoju upheld the case of the applicant as argued by Ozekhome and faulted the conduct of the EFCC, including its detention of Okpetu without a valid court order.
The judge told the EFCC that its power to investigate persons, against whom allegations of crime were made, could not amount to a licence to act unconstitutionally by breaching citizens’ rights.
For the unlawful arrest and detention of the applicant, Justice Adepoju awarded N6 million damages against EFCC with a 10 per-cent interest rate until the entire sum is paid. The judge also awarded N3 million damages against Julius Berger that instigated Okpetu’s arrest and detention.
Justice Adepoju ordered EFCC to release Okpetu’s seized property and to stop harassing and inviting him to its offices on account of the petition by Julius Berger.
The court ordered the commission to publish a public apology to Okpetu.
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Court adjourns Chevron’s appeal against Brittania-U on oil blocks sale
The Court of Appeal in Lagos has adjourned hearing on the divestment of oil mining leases (OMLs) 52, 53 and 55 by Chevron.
Two and half years after Chevron U.S.A Inc. and others appealed the judgment of a Federal High Court in Lagos, which assumed jurisdiction to hear a suit brought against them by Brittania-U Nigeria Limited over the divestment of Chevron interests in OMLs 52, 53 and 55.
The court has fixed a date for hearing.
The three-man panel led by Justice J. S. Ikyegh, after listening to the lawyers representing all the parties, fixed June 5, 2017 for hearing of the substantive suit.
The appellants are Chevron U. S.A. Inc, BNP Paribas Securities Corp., Mr. Hermant Patel and Seplat Petroleum Development Company Limited.
When the matter came up at the Appeal Court, counsel to the respondent Mr. Abiodun Owonikoko (SAN) told the court of a pending application, praying the court to dismiss the appellants’ appeal for lack of diligent prosecution.
He said the appellants had filed a motion for extension of time to enable it transmit its records of appeal despite that Chevron was the one who filed the appeal.
Owonikoko said his client had an applied for the dismissal of the appeal.
But the appellants counsel, Mr. Etuwewe said the court did not oppose the application.
The court granted the appellants’ counsel’s request. It awarded N20, 000 in favour of Brittania-U Nigeria.
Brittania-U Nigeria had approached the Federal High Court, Ikoyi, Lagos, asking it to declare that by the final binding offer made by the plaintiff to the first defendant on November 14, 2013 at the invitation of the first defendant for US$1, 015, 000, 000, to acquire 40 per cent of Chevron Nigeria’s interest in Oil Mining Leases 52, 53 and 56, has been accepted by the first defendant by its conducts, representations on which the plaintiff relied and acted to its detriment, and that by provision of the Irrevocable Standby Letter of Credit for $250million opened in favour of the first defendant, to remain in force until September 14, 2014 as part payment; and further provision of firm letter of commitment by the plaintiff’s bankers for payment of the balance of $765million demanded for and duly furnished to the first defendant on November 15, 2013 the parties have entered into binding contract for the acquisition of the OMLs 52, 53 and 55 by the plaintiff from the first defendant for valuable consideration.
Besides, the plaintiff prayed the court to declare that the demand by the first defendant on November 14, 2013 that the plaintiff asked its bankers to furnish firm commitment for payment of its final binding offer for about $1.15 million, for the acquisition of the 40 per cent interest of Chevron Nigeria in Oil Mining Leases 52, 53 and 55 amounted to a counter offer to plaintiff’s final binding offer, which the plaintiff accepted on November 15, 2013, when it provided same to the first defendant for payment of the balance of $765 million in addition to the Irrevocable Standby Letter of Credit for $250million opened in the favour of the first defendant, to remain in force until September 14, 2014 by reason the parties have entered into binding contract for the acquisition of the OMLs 52, 53 and 55 by the plaintiff from the first defendant for valuable consideration.
- An order in the alternative to the relief above granting special damages against the first and second defendants in $10,935,100 or as the court may adjudge fair and equitable as the enterprise value lost by the plaintiff for failure or breach of the contract of acquisition of the 40 per cent participating interest of the first defendant in OMLs 52, 53 and 55 in Nigeria stipulated in the Irrevocable Standby Letter of Credit and the Bid Process Document pursuant to which the parties conducted the sale.
- Exemplary damages in $1billion for the wrongful interference by the second to fifth defendants acting in connivance or collusion with first defendant to unjustly prejudice and frustrate the contractual relationship between the plaintiff and the first defendant by making illegitimate and unauthorised use of sensitive business and proprietary information disclosed by the plaintiff in support of its bid to acquire the first defendant’s OMLs 52, 53 and 55 and which information were known by the second to fifth defendants to have been so disclosed in strict confidence and solely for the purpose of supporting the plaintiff’s bid but which were divulged to third party leading to huge business losses and reputational damage to the plaintiff.
- An order of perpetual injunction restraining the defendants, their servants, agents, privies, proxies, fronts, staff hirelings howsoever called from proceeding to invite bids, offering or accepting, negotiating or engage in any transaction or contract calculated or purporting to transfer, sell, farm out, or otherwise charge, encumber deal in, dispose of or divest the 40 per cent participating interest of Chevron Nigeria in Oil Mining Leases 52, 53 and 55 in Nigeria in favour of any person or entity in derogation from or in disregard of the agreement entered into between the plaintiff and the first defendant on November 14 and 15, 2013, whereby the parties entered into binding contract for the acquisition of the OMLs 52, 53 and 55 by the plaintiff from the first defendant for $1.15 billion.
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Govt House theft: Court rules on suspects’ bail application today
•Charge sheet amended
A new twist has been added to the theft of $50,000 in the Ekiti State Government House as the prosecution has amended the charge filed against three suspects standing trial.
Besides stealing, the first two accused persons, Bamidele Oguntuase and Afolabi Sunday, have now been slammed with burglary and conspiracy charges.
The third supect, Shuaibu Amidu, a bureau de change operator, was charged with receiving stolen money.
An Ado-Ekiti Chief Magistrates ‘Court has fixed today for ruling on a bail application by the suspects.
They have been remanded in prison custody when the case first came up for hearing on January 11.
Shuaibu was alleged to have assisted Bamidele and Afolabi in changing $20,000 of the $50,000 to Naira at Mugbagba in Ado-Ekiti.
At the resumed sitting yesterday, a formal charge sheet was substituted by the prosecuting counsel, Osobu Samson, with FORM K, Section 264 (1) and (2) for remand of the accused.
Defence counsel- Oluwatosin Osundahunsi and Emmanuel Oladele- applied for bail.
They urged the court to exercise its discretion in granting the bail, saying burglary and conspiracy are bailable offences.
Besides, they argued that the court has jurisdiction to admit the accused to bail.
The Chief Magistrate, Adesoji Adegboye, adjourned the case till today for ruling on the bail application. -
Court rejects Jammeh’s request to stop inauguration
Gambia Supreme Court yesterday declined to stop Thursday’s inauguration of President-elect Adama Barrow.
The Supreme Court ruling followed a petition by President Yahya Jammeh, seeking an injunction aimed at blocking Barrow’s swearing in.
Jammeh’s constitutional term in office is expected to end on Wednesday after he lost to businessman Barrow, in the December 1, 2016 poll.
Although he initially accepted defeat, he has since lodged a case before the Supreme Court requesting the result be annulled.
But the court is unable to hold a hearing until May – as most of the judges come from neighbouring countries – and Jammeh has said he is going nowhere until then.
Barrow, who has received the support of the international community, has said he would go ahead with his inauguration on Jan. 19 despite Jammeh’s rejection of the result.
Supreme Court Chief Justice Emmanuel Fagbenle told Jammeh’s lawyer that he could not make the order being sought to stop the January 19 inauguration.
Fagbenle said he was unable to preside over the motion filed because he was named in the petition.
Already, thousands of people have begun fleeing Gambia amid growing signs that ECOWAS could invade the former British colony within days.
Regional leaders have signalled their determination to mount a rare African defence of democratic principle by using force to ensure that Jammeh, Gambia’s president of 22 years, gives up power.
Ferry terminals on the River Gambia are recieving passengers hoping for safe passage into Senegal. The United Nations refugee agency says it is assessing the situation. -
Court dismisses suit seeking to restrain Ikorodu monarch
Relief came the way of the Ayangburen of Ikorodu Oba Kabiru Adewale Shotobi yesterday as an Ikorodu High Court dismissed a suit seeking to restrain him from parading himself as the monarch.
The court presided by Justice Olushola Williams dismissed the suit after taking the submissions of counsels in the matter.
Delivering ruling in the matter yesterday, Justice Williams declined to neither grant any of the claimants’ requests nor determine any of the issues raised for determination of the court.
Three Princes of Ikorodu, Tajudeen Odofin, Tayo Ladega and Gbolahan Onabanjo have filed the suit challenging the installation of Oba Shotobi as the Ayangburen of Ikorodu.
The claimants in the suit filed through their counsel, Mr George Oguntade (SAN), had sought an order of interlocutory injunction restraining Oba Shotobi from parading himself as the Ayangburen of Ikorodu from the court.
They also prayed the court for an order of interlocutory injunction to restrain Oba Shotobi, who is the first respondent, from collecting royalties and salaries from the governor of Lagos State, the Attorney General of Lagos State and the Commissioner for Local Government and Community Affairs, who are the second, third and fourth respondents respectively.
They further sought an order of interlocutory injunction from the court restraining the second, third and fourth respondents from dealing with or according any recognition or paying royalties and salaries to the first respondent as the Ayangburen of Ikorodu among other prayers.
Other respondents in the suit are the Lisa of Ikorodu, Chief Zaccheus Odusoga, the Apena of Ikorodu, Chief Kareem Ore, the Oponuwa of Ikorodu, Chief Jacob Adaraloye and Solomade of Ikorodu, Chief Afolabi Adekayaoja as fifth, sixth, seventh and eighth respondents respectively.
But in her ruling, Justice Williams held that the principles of ‘res judicata’ are against the claims of the claimants in the matter.
According to her, the prayers which the claimants were seeking from the court have already been determined and answered in an earlier suit in which her learned brother, Justice Akintunde Savage delivered judgement in 2015.
Justice Williams listed all the issues determined in the judgement delivered by Justice Savage two years ago.
She held that there was no basis for the court to grant fresh orders in a matter that has already been determined by a court.
Earlier, counsel to the Lagos state government, Mr Saheed Quadri had informed the court of his two applications dated November 30, last year and prayed the court to allow him to move the applications before ruling is delivered in the matter.
Quadri said one of the applications seeks the order of the court for the state government to be joined as a respondent in the matter while the other one seeks the order of the court to enable them respond to the claims of the claimants and file their counter affidavit.
But the trial judge insisted that the day had been set aside for delivery of ruling in the matter.
Quadri however withdrew the two applications after the court had delivered its ruling in the matter. -
My husband steals my money, wife tells court
An Agodi Customary Court, Ibadan, yesterday ended the marriage between Kazeem and Mary Eniola.
Mary, a housewife, told the court that her husband habitually stole her money.
Testifying in a divorce proceedings against Kazeem, Mary said her 15-year-old union was characterised by acts of irresponsibility from him.
“I shouldered the responsibility as regards feeding, school fees payment and welfare of the kids, instead of him to appreciate my struggle for the care, he was in the habit of stealing my money.
“He beat me as he likes and packed out of our home to impregnate another woman.
“Your Honour, I am tired of his shameful acts, victimisation and embarrassment,” she said.
Kazeem denied the allegations and pleaded with the court not to grant his wife’s request.
He said he had nobody to assist in catering for the three children, if the divorce suit was granted.
The court’s president, Mukaila Balogun, granted the divorce, holding that there was no love between the couple.
Balogun awarded custody of the three children to Mary and directed the respondent to be pay N9,000 monthly for their maintenance.