An Ikeja High Court yesterday heard how Justice Rita Ofili-Ajumogobia of the Federal High Court, Ilorin, used an uncompleted building to open a corporate account with Diamond Bank Plc.
A prosecution witness and staff of the bank, Mr Ademola Oshodi, spoke yesterday before the court presided by Justice Hakeem Oshodi.
Oshodi, who was led in evidence by counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo, gave the name of the judge’s corporate account as Nigel & Colive with number 0036103605.
He said the requirements for opening such accounts include filing of a corporate account form and submission and verification of necessary documents of the company with the Corporate Affairs Commission (CAC).
The witness said Justice Ofili-Ajumogobia satisfied all the account opening requirements except for the address given as the company’s corporate office, 18, Lai Bende St, Fajuyi Estate.
He said the property on the address turned out to be an uncompleted building owned by the judge.
The witness said the property being a building under construction could have stalled the opening of a corporate account in her favour but the bank went ahead to open the account based on the fact that the judge was a good customer.
“Before opening the corporate account for Justice Ofili-Ajumogobia, she filled a corporate account opening form and submitted the company’s documents which was verified from Corporate Affairs Commission.
“We also did a physical visitation to the company’s address given as 18, Lai Bende St, Fajuyi Estate and found that the building was still under construction but because Justice Ajumogobia is our customer and we knew that the property belong to her we proceeded to open the count.”
Justice Ofili-Ajumogobia and a Senior Advocate of Nigeria (SAN), Godwin Obla, are facing a 30-count charge bordering on perversion of justice, graft, unlawful enrichment, providing false information to the EFCC and forgery.
Four of the charges directly affected Obla and are centred on an alleged N5 million bribe given to the judge by the senior advocate.
The remaining 26 charges are on the huge transactions that passed through the personal and corporate accounts of Justice Ofili-Ajumogobia.
The EFCC alleged that about $793,800 passed through the judge’s domiciliary accounts between 2012 and 2015 and that the judge used the money to buy a house in London.
Justice Ofili-Ajumogobia and Obla pleaded not guilty to all the charges and were granted bail on self recognisance.
At the resumed sitting of the court yesterday, Oshodi gave insight into how he moved foreign currencies into the domiciliary and corporate account of the judge.
Oshodi, while being led in evidence by Oyedepo, told the court that he managed the bank accounts of Justice Ofili-Ajumogobia, with number 0029928474, 0032091183 and 0036103605.
The witness said he introduced Abba Said, a Bureau de Change operator, to the judge.
The banker added that he usually visited Justice Ofiili-Ajumogobia at home and in her chamber at the Federal High Court on Oyinkan Abayomi Drive, Ikoyi, Lagos to collect huge cash mostly in dollars to be deposited in the judge’s account.
Justice Oshidi adjourned the matter to January 30 for continuation of trial.
Tag: Court
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Witness to court: how Ofili-Ajumogobia used uncompleted building to open account
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Kwara PDP to challenge TICs in court
The Peoples Democratic Party (PDP) in Kwara State is set to challenge the legality of the inauguration of Transition Implementation Committees (TICs) in the 16 local governments.
Chairman, Mr. Iyiola Oyedepo, spoke in a statement yesterday after a meeting of critical party stakeholders.
“We believe that all forms of illegality committed by the ruling All Progressives Congress (APC) should be challenged in court.
“When the state government illegally extended the tenure of officials of Offa local government, we challenged it in court.
“It was the decision of the government to nominate caretaker committees into the 16 councils that rendered nugatory the action taken,” Oyedepo said.
According to the chairman, the implementation of the TICs was illegal and this informed the party’s resort to legal process.
“The decision of the state government to appoint the TICs to oversee affairs of our councils is unconstitutional and, therefore, illegal.
“Legal challenge as an instrument of political resistance in opposition politics was part of what we discussed at the meeting.
“We are armed with plethora of legal authorities that can be used to effectively stop them,” he added.
The chairman noted that the party had perfected the legal papers and assembled a team of lawyers for the task.
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Peace‘ll return to PDP after court verdict, says Ojougboh
The factional Deputy Chairman of the Peoples Democratic Party (PDP) (South), Dr. Cairo Ojougboh, has reflected on the leadership crisis in the opposition party, saying that peace will return to the fold after the judicial intervention.
He said the leadership of Senator Modu Sheriff was not in dispute, stressing that Senator Ahmed Makarfi, who heads the National Caretaker Committee, was an impostor.
Ojougboh told reporters in Lagos that the protracted crisis was a blessing in disguise, assuring that the party will come out of it stronger.
He lamented the role of the governors who persuaded Sheriff to serve as chairman, only to attempt to pull the rug off his feet at the disputed Port-Harcourt convention.
The factional deputy chairman maintained that Sheriff has not stepped down as the chairman, urging the aggrieved chieftains to embrace the reality.
Ojougbo acknowledged that a legal solution may not bring peace to the party, but the court verdict will definitely herald a political solution.
He stressed: “We are optimistic that the Court of Appeal will give its judgment very soon. The Court of Appeal adjourned for judgment and they have a period of 90 days to come up with their judgmentThere will be no legal solution to the problem of the PDP, but the legal solution is a prelude to a political solution.
“So as soon as the Court of Appeal gives its judgment, a general meeting will be called where everybody will sit down in a room and we will take it from there. I am very optimistic that the national convention of the party will hold in the first quarter of the year.
Ojougboh also spoke on the composition of the National Working Committee, saying that its tenure will expire later in the year.
He said Sheriff’s priority is to bequeath a party where members will take ownership of party processes and halt the culture of imposition by big wigs.
The deputy chairman said plans were underway by the Sheriff leadership to initiate and implement other reforms that will further democratize the party at the national, regional, state, local government and ward levels.
Ojougboh said the failed attempt to remove Sheriff illegally had rubbed off on the ruling party, adding that, if he had been removed, the All Progressives Congress (APC) may have also been removed.
He said it is an insult to described Sheriff as a mole in the PDP by the chieftains who persuaded him to take up the leadership role.
Ojougboh added: “Sheriff was sitting in his house when Governor Fayose and Governor Wike went to invite him to become the chairman of the party. Governor Fayose and Governor Wike gave him three months to stay in the office. At the end of three months, they went to Sheriff. They said, Chairman, you have repositioned the party; lok at the number of ‘Agbada’ in the PDP Wadata Plaza. You should continue in office.”
The politician also reflected on the concern of the founding fathers, noting their willingness to return to the party, following the exit of men of impunity.
Ojougboh, who said the party will reclaim its lost glory, following the resolution of the crisis, urged members to make sacrifices and return to the vision of the founding fathers.
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Stenographers and court congestion
Sir: the case of court congestions and delay in the administration of justice is not new in this country with reports of how congestions and delay in court cases had resulted in civil and criminal cases spending years in the court. It is a fact that every features, analyses, seminar, lectures and opinions on court’s congestion seem to agree on the possible cause for the congestion and usually arrive at the same solution to the congestion but the question is always why has there not been a way forward?
One of the several solutions proffered to deal with court congestion is the use of stenographers (otherwise known as Official Court Reporters).
The use of stenographers had been experimented at the Federal High Court and in the Court of Appeal and it has produced great result in helping the speedy administration of justice with most judges who are lucky to have stenographers attached to them having the experience of being availed with the court’s proceedings within 30 minutes of each court sitting.
The only snag to the availability of stenographers is the high cost of training them (millions of naira) and time of training a stenographer (more than 18 months intensive training). This had hampered the efforts by the judiciary to make court stenographers readily available for judges despite the request from many judges for stenographer to aid their works. Presently, less than 30 percent of the federal courts in Nigeria have stenographers, though there had been recent moves by the courts to have more stenographers trained for such purpose and I believe that by the time most courts have stenographers in place, it will go a long way in tackling court’s congestion.
One of the advantages of the use of stenographers in court is the fact that the Advance Real time Recording Machine (the machine used by stenographers) captures virtually all the dialogues during court proceedings, this allows transparency and efficiency when it comes to justice delivery. Moreover, the use of the machine to capture proceedings allows for digitalization of court proceedings, a departure from the long hand system being used; with this, lawyers and litigants can get access to the proceedings as early as 30 minutes after each sitting whenever they apply for it.
I understand that the Lagos State judiciary had also adopted the use of stenographers and are presently training more stenographers for the Lagos State High Courts and I am sure that by the time the whole judiciary decide to fully embrace the use of stenographers in court as being used in other countries, it will go a long way in battling cases of delay in the administration of justice.
- Felix O. Adewumi,
Lagos.
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Osun monarch must be arrested and brought to court, magistrate insists
An Osun State Chief Magistrate Court yesterday insisted that the Oluwo of Iwo, Oba Adewale Abdul-Rasheed Akanbi must be arrested for his failure to appear before the court.
The presiding magistrate, Olusola Aluko, ordered the state Commissioner of Police, Mr. Fimihan Adeoye, to arrest the first class monarch and produce him in court on Friday January 6, 2017.
The magistrate had earlier issued a bench warrant on Friday, December 20, 2016, for Oluwo’s arrest and also restated his order last Wednesday compelling the monarch to appear in court on Friday December, 30, 2016 but the traditional ruler was absent when the case came up for hearing.
According to the Aluko, a criminal case was brought before him against the Oluwo of Iwo and by the bench warrant he had issued “the accused person was supposed to have been arrested.”
Although, the defendant’s counsel, Barrister Olayide Yekeen, wrote the court on why Oluwo himself would not be present for the proceeding but counsel to the applicant, Barrister Soji Oyetayo, explained that no reason was given for the absence of his client.
It would be recalled that the applicant, the Oluwo-Oke of Iwo-Oke, Oba Kadiri Adeoye, had dragged Oba Akanbi, before the court for allegedly sponsoring an attack on him and his property located in Iwo.
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Court issues arrest warrant against Oluwo
•Suit designed to shame me, says monarch
An Osun State Magistrates’ Court yesterday issued a bench warrant of arrest against the Oluwo of Iwo, Oba Adewale Abdul-Rasheed Akanbi.
At its last sitting on December 2, Chief Magistrate Olusola Aluko threatened to issue the bench warrant of arrest if Oba Akanbi failed to appear before him in compliance with the court order on November 25 in a case filed against him by the Oluwo of Iwo-Oke, Oba Kadiri Adeoye.
Oba Adeoye was in court but Oba Akanbi sent another monarch, Ologburo of Ogburo, Oba Asimiyu Sadiq, to represent him.
His absence drew the anger of Magistrate Aluko.
In his submission, Oba Adeoye’s counsel Soji Oyetayo urged the court not to entertain any of the applications filed by the respondent until he complies with the order of the court.
He said: “The first respondent (Oba Akanbi) filed an application of stay of proceeding yesterday afternoon. So, I am of the opinion that he is not ready to move any application today.
“The court made an order on November 25 and up till now the order has not been complied with. The application asking for a stay of proceeding cannot stay the order already made.
“The order of the court is meant to be obeyed. The non-appearance of the first respondent in this matter is a flagrant disobedient of the order of the court.”
Oba Akanbi’s counsel Olayide Yekeen said his client submitted the notice of preliminary objection, challenging the jurisdiction of the court to hear the case on November 15 and that by careful perusal of the State Magistrate Law, Section 19:1, the court cannot entertain the matter.
He said: “It is the threshold of all cases that whenever the issue of jurisdiction is raised, it is to be taken first. On the issue of jurisdiction and the competence of the case, the respondent has the right to be heard first before any enquiry can be made in the matter.”
In his ruling, Magistrate Aluko stated that he agreed with the respondent’s counsel that the issue of jurisdiction must be treated first but said: “On the order of the court made on November 25, the order remains.
“I hereby issued a bench warrant against the first respondent while further proceeding on the matter is adjourned till December 27.”
Oba Adeoye had approached the Magistrate Court, accusing the Oluwo of concealing some facts about his past to the government when he was installed as a first class monarch about a year ago.
In a 33-paragraph affidavit, the Oluwo-Oke said Oba Akanbi’s character did not befit a person of his status and calibre as he was used to carrying thugs, miscreants and hoodlums around to harass, intimidate, molest and attack his perceived enemies.
He further alleged that the Oba Akanbi forged his name to obtain travelling documents to the United States where he was jailed in New York City and deported to Nigeria in 2000.
He added that Oba Akanbi later travelled out with his real name to Canada in 2001 and became a Canadian citizen but was also arrested in Toronto and was in jail between 2006 and 2007, saying these facts were concealed from the government.
He also accused him of presently making money through internet fraud and was using his palace as a cover-up.
But Oba Akanbi reacted to these allegations in a 13 paragraph affidavit through the Aremo of Iwo, Chief Adelani Akanbi, who described the application as “scandalous, vexations and designed to embarrass, blackmail and ridicule the monarch in the view of right thinking members of the society.” -
Court refuses Fayose’s prayer to release seized assets
Justice Nnamdi Dimgba of the Federal High Court, Abuja yesterday refused the request by Ekiti State Governor Ayodele Fayose to release some of his houses temporarily seized by the Economic and Financial Crimes Commission (EFCC).
Justice Dimgba had on July 20 granted EFCC an order of interim forfeiture of the properties for 45 days, which lapsed on September 4.
Fayose later applied to the court, after the expiration of the court’s earlier order, for the release of the property, which comprised four units of four-bedroom at Chalets 3, 4, 6 and 9, Plot 100 Tiamiyi Savage, Victoria Island, Lagos; 44 Osun Crescent, Maitama, Abuja and Plot 1504 Yedseram Street, Maitama, Abuja.
In opposing Fayose’s application, EFCC described it as academic, on the grounds that it had got another forfeiture order from another judge, having discovered that Fayose allegedly acquired the said assets, using other individuals and firms.
Justice Dimgba, earlier yesterday, heard Fayose’s lawyer Mike Ozekhome (SAN) and EFCC’s lawyer Kayode Latona argued the application and counter affidavit.
In a ruling yesterday evening, the judge said the EFCC could not continue to hold on to the houses on the strength of his order, which lapsed on July 20.
The judge, however, refused to direct the EFCC to unseal the properties, citing a fresh order made by Justice Okon Abang (also of the Federal High Court, Abuja) on November 3.
Justice Dimgba said: “In the light of the foregoing, I hold that the prayer on the motion is hinged on this court’s order of July 20 and affirmed on August 2, being a consequence of the order which lapsed on September 4.
“It is my further holding that the continued sealing and occupation of the said seized properties are hinged on the order of November 3 given by Justice Abang.
“This court is unable to comment on the order made by Justice Abang.”
The judge, however, asked Fayose to investigate the circumstances surrounding the exparte application” with which the EFCC obtained the November 3 order to verify if the anti-graft agency made full disclosure of the history of orders on the said property to Justice Abang.
He said Fayose was entitled to approach Justice Abang’s court with his application for the setting aside of the order made on November 3.
The judge said contrary to the contention by EFCC’s lawyer, Fayose’s application was not academic since the orders he made and that which Justice Abang made touched on the same set of properties
He said Fayose was entitled to include the opinion expressed in his (judge’s) ruling and the outcome of his (Fayose’s) investigation while making his (Fayose’s) case before Justice Abang. -
Court strikes out Lekki Gardens MD’s for bail variation
An Ebute-Metta Chief Magistrates’ Court yesterday struck out an application filed by Lekki Gardens Managing Director Mr. Richard Nyong seeking variation of his bail terms.
Nyong was also seeking the release of his passport in the application to enable him travel abroad for medical care.
when the matter came up yesterday, Nyong’s lawyer, Mr. Bode Olanipekun applied to withdraw the application because the issue has been overtaken by events.
The prosecution did not oppose the application.
Magistrate Tajudeen Elias struck out the matter.
Nyong and a contractor Mr, Odofin Taiwo Henry, are being tried for the collapse of a five-storey building under construction in Lekki in which 30 people died.
Earlier, the prosecutor, Mr. Godwin Osuyi, drew the court’s attention to the advice issued by the Directorate of Public Prosecution (DPP) on the matter.
Osuyi, a Legal Officer attached to State Criminal Investigation Department (SCID), Panti, Yaba, Lagos Mainland, sought to read the advice to Nyong and Odofin
But Olanipekun and Odofin’s lawyer, Mr. Gboyega Okenla opposed the application, saying it was not supported by any practice.
“Our clients are aware of the contents of the DPP Legal Advice and I am aware that the issue of involuntary manslaughter in the report is outside the purview of the jurisdiction of this court.
“So, I think it is better for us to wait for the next action to be taken by the Attorney-General of the state whether he will or will not file a criminal charge in the matter,” Olanipekun said.
Magistrate Elias adjourned the matter till February 23, next year.
Last March 8, a house being built by Lekki Gardens Estate Limited and Get Too Rich Investment Limited known as Horizon 1 Extension, House H15, Lekki, collapsed, killing 30 people. -
Community leader accuses police of disobeying court
A 76-year-old community leader has accused the police of flouting a court order releasing his Honda CRV with registration number OWORO 1 to him.
Alhaji Mustapha Durojaiye Ajisegiri said the Sport Utility Vehicle (SUV) was released to him by Chief Magistrate O.I Adelaja, following amicable settlement of the feud between him and Oba Bashiru Saliu Salami of Oworo.
In an application brought by him, Ajisegiri is asking Chief Magistrate S.K Matepo to imprison an Assistant Superintendent of Police (ASP) for allegedly disobeying Mrs. Adelaja’s September 22 order.
In a 10-paragraph affidavit in support of the motion, Ajisegiri averred that sometime in March, the State Central Investigation and Intelligence Department (SCID) at Panti, Yaba, Mainland, Lagos took him and Oba Salami to court to bind them over to be of good behaviour in Oworoshoki.
The matter, he said, was resolved, following the intervention of stakeholders and a peace agreement signed by him and the monarch on April 14 was entered as the court’s judgment.
He claimed that his SUV, which formed part of the verdict, has not been released to him despite series of letters by his lawyer.
Ajisegiri alleged that the ASP is insisting on holding to the vehicle in disobedience of the court and his bosses’ order.
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Christian Court Bill
• Another threat to secularity and unity
The news that a bill to introduce a Christian Court in the country has passed a second reading is worrisome. The bill introduced by Gyang Dung (PDP-Plateau) seeks to establish Christian courts in the 36 states of the federation “to bring to reality administration of ecclesiastical Christian tenets and law in adjudicating matters of personal Christian law in civil matters.” Like an earlier one introduced by AbdulahiSalame (Gwadabawa/Illela constituency of Sokoto) seeking to extend Sharia to cover criminal law and to apply to the 36 states and the federal capital territory, the bill for Christian law digs at the root of the country’s unity.
It is surprising that sponsors of the bill purportedly seeking to amend Section 37 (I) of the 1999 Constitution appear ignorant of the intent of the constitution’s commitment to the right of every Nigerian to freedom of thought and religion. Like the call for Sharia, the bill for Christian law encourages further division in a country with religious diversity that includes Judaism, Animism, Atheism, and various denominations of Islam and Christianity.
It is the constitutional recognition of rights of freedom of citizens in a country with multiple faiths to practice their beliefs without derogating from the right of others that underscores the secularity of the Nigerian State, which Sharia and Ecclesiastical laws undermine. Any attempt to merge state and faith in a multi-religious and multi-cultural nation-state carries a huge threat to the security, peace, and stability of the country.
Lawmakers have a duty not to ignore threats to peace and stability in the country. Past efforts to introduce faith-based legal systems have created negative impact on inter-ethnic and inter-faith harmony in the country.
Introduction of Sharia in 12 northern states in 2000 led to riots, loss of lives and property. Set against intermittent sectarian problems in the country, terrorism by Boko Haram, a radical Islamist group desiring to transform the country into a caliphate, kidnapping of over 200 school girls, bombing of thousands of citizens, the bill demonstrates gross insensitivity to the challenges facing the country.
For example, it is unimaginative and irrational for lawmakers to compound the country’s sectarian problems by seeking to establish Ecclesiastical Court of Appeal. Lawmakers behind this bill ought to know that the colonial legal system upon which Nigeria was created grew gradually out of the United Kingdom’s ecclesiastical laws, in response to the demands of modernity and democracy.
It should also have been obvious to proponents of Christian law, like those calling for Sharia law, that attempts to undo the aw that brought and sustained various nationalities and faiths in the country thus far have the potential to undermine the country’s unity.
It is, however, salutary that the Christian Association of Nigeria (CAN) has indicated its rejection of the bill for a Christian Appellate Court. It is significant that CAN has quickly drawn attention to the failure of lawmakers to do necessary research to find out what Christians really want before canvassing for a Christian judicial system for them. CAN’s statement, “The Christian Courts bill cannot help us; that is why we are voicing it out. This thing is not really what Nigerians want now,” should send a signal to promoters of a bill that has no use to those for whom it is being created that the House of Representatives is engaged in an exercise in futility.
We find it embarrassing that lawmakers still have time to create distractions at a time of growing challenge for the country. The least that is expected from a serious-minded legislature is to create laws to grow the economy, reduce child and maternal mortality, raise quality of education to make the country competitive, fight rising corruption, create modern infrastructure for development and employment for the teeming youth, alleviate grinding poverty across generations.
Members of the House going through another ritual of constitution amendment need not distract citizens with bills capable of causing more division in a society already struggling with overwhelming sectarian crises.