The Nation Newspaper

Tag: Court

  • Biafra: Court grants prosecution’s request to shield witnesses

    Biafra: Court grants prosecution’s request to shield witnesses

    •Kanu, others unruly in court

    A Federal High Court in Abuja has granted the prosecution’s request to shield the identities of its witnesses in the case involving leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu and three others.
    Justice Binta Nyako gave the approval in a ruling yesterday on an application by the prosecution led by Shuaibu Labaran.
    Justice Nyako said:”I hereby order that the names of the prosecution witnesses, who are security operatives, should appear in combination of alphabets and such witnesses will be given screens which will be provided by the court.
    “The defendants and their counsel will be able to see the witnesses who will be given special access to and from the court,” Justice Nyako held.
    The judge adjourned to January 10 for the commencement of trial.
    On hearing the judge’s pronouncement, Kanu and his co-defendants suddenly became unruly. They began to murmur.
    Their noise was loud enough that the judge had to warn them that she was in charge of the court.
    Kanu, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi are being tried on an 11-count charge of conspiracy, treasonable felony, managing unlawful association and terrorism.
    Shortly after the judge exited the courtroom, the defendants, who were still in the dock, began shouting that they were opposed to the ruling.
    They persisted to the amazement of the court’s audience, with their lawyers taken no steps to restrain them.
    Kanu and the others were later led out of the courtroom by prison officials, who took them straight into some waiting prison vans.
    They again, became unruly on sighting many of their supporters, who were waiting within the court’s premises.
    At a point, one of the defendants forced himself out of the van, raised his hands high, with clenched fists and shouted: “Death to Nigeria; death to Nigeria. All hail Biafra, Up Biafra,” to which their supporters responded in like manner.
    Many of their supporters who were kept outside the court’s premises were also heard shouting and hailing Kanu and others.
    While the prison officials were later able to restrain the one making noise and drove the prison van away, other armed policemen, who kept guard outside the court’s premises later dispersed the IPOB sympathisers, who came to court in large numbers.

  • Court refuses to strike out money laundering charges against Kalu

    Court refuses to strike out money laundering charges against Kalu

    Justice Mohammed Idris of the Federal High Court in Lagos yesterday refused to strike out the money laundering charge filed against former Abia State Governor Orji Uzor Kalu.
    The Economic and Financial Crimes Commission (EFCC) re-arraigned Kalu along with Udeh Udeogu and Slok Nigeria Limited on 34 counts of diverting N3.2 billion Abia State funds.
    They were first re-arraigned on September 27 before Justice Anwuri Chikere of the court’s Abuja division after the case got to the Supreme Court on interlocutory appeal, following Kalu’s first arraignment in 2007.
    Trial was billed to resume yesterday before Justice Idris, but prosecution counsel, Adebisi Adeniyi, got to court late.
    Defence counsel Prof Awah Kalu (SAN) and Solo Agumah (SAN), who got to court before Adebisi, urged the judge to strike out the case for lack of diligent prosecution.
    They said they came from Abuja for the case, adding that if EFCC was serious, the prosecution counsel ought to have been in court on time.
    Justice Idris said it was true that the defendants were re-arraigned on October 31, following which the case was adjourned to yesterday for trial.
    He condemned the prosecution’s absence.
    His words: “The defendants are here and they are represented by counsel, fully prepared for trial. The court is ready to proceed with the trial in line with the intent and spirit of the Administration of Criminal Justice Act (ACJA).
    “The prosecution is absent, not represented by counsel, and there is no explanation whatsoever as to their absence in court this afternoon. This is unacceptable and highly detestable.
    “No reasonable excuse has been put forward for the non-appearance of the prosecution team. This is an unacceptable conduct and one that will not be condoned by this court.
    “This is a court of law and one of justice; such attitude towards the prosecution of cases, especially by the prosecution, will not be tolerated.
    “Having looked at the case, being a transferred matter and being the second time the matter would be mentioned in court, and the first time to be called for trial, I shall, in the circumstances and in the interest of justice, exercise my discretion pursuant to the provision of Section 351(2) and adjourn the matter for trial.
    “This will be the last of such adjournment in situations such as this. In the interest of justice, I shall direct a fresh date be taken for trial to commence.”
    As the judge was about to adjourn, the prosecution counsel walked in. He said he was held up in traffic having gone to fetch a prosecution witness, who eventually could not make it.
    Adebisi disagreed with the defence counsel’s demand that EFCC should notify them of any witnesses the prosecution intends to call.
    Kalu and Akuma said knowing which witness was coming to testify ahead would enable them prepare for their cross-examination in order to speed up the case rather than asking for an adjournment.
    But Adebisi rejected the request, saying: “There is need to protect the witnesses. How are we sure the witnesses will not be interfered with? This application has no precedent and no basis in law.”
    Justice Idris said he would not make any order that EFCC should formally notify the defence of witnesses it intends to call.
    “It should be informal between parties. I’ll encourage parties to communicate with each other and pass such information to ensure the trial goes on smoothly and speedily. We’re all practising law and there should be no bitterness,” he said.
    Kalu and his co-accused allegedly diverted about N3.2 billion from the Abia’s treasury while he was the governor.
    The former governor was said to have allegedly diverted the funds in tranches of N200 million, N50 million, N200 million, N300.8 million, N545 million, N429million, N288.4million, N190million, N157million, N152.8million, N100 million, N84 million and N50 million between August 13, 2003 and January 12, 2005.
    The offence is said to be contrary to Section 17 (c) of the Money Laundering (Prohibition) Act 2003 and punishable under Section 16 of the same Act.
    The EFCC accused Slok Nigeria Limited of conniving with one Emeka Abone, said to be at large, to help Kalu retain the allegedly stolen funds in its accounts.
    The prosecution said Slok “knew or at least suspected the said Orji Uzor Kalu to have engaged in a criminal conduct.”
    Udeogu was accused of helping Kalu to pay part of the allegedly stolen funds into Slok’s account with the defunct FinBank Plc.
    They were alleged to have utilised Manny Bank (now Fidelity Bank Plc), Spring Bank Plc, the defunct Standard Trust Bank and FinBank, now First City Monument Bank (FCMB) to divert the funds.
    Justice Idris adjourned to March 6 to 10 and April 10 to 13 next year for trial.

  • Court rules Feb 17 on Ibru’s application for quash of charges

    Court rules Feb 17 on Ibru’s application for quash of charges

    A Lagos High Court sitting in Ikeja has fixed February 15, 2017 for ruling on an application filed by a businessman, Mr Goodie Ibru and three others seeking to quash the charges filled against them by the Economic and Financial Crimes Commission (EFCC).
    The court presided by Justice Raliat Adebiyi adjourned the matter after counsels to parties had made their submissions to the court.
    Mr Ibru is facing an 11 count charge alongside three companies: Associated Ventures International Limited, IHL Services Limited and Clearview Investment Limited preferred against them by the EFCC for allegedly conspiring to fraudulently stealing various sums belonging to Ikeja Hotel Plc.
    The EFCC said Mr Ibru and others allegedly committed the offence between 2010 and 2015.
    During proceedings yesterday, counsel to the defendants, Mr O.Akoni (SAN) told court of his pending application dated November 28, 2016 in which they are praying the court to strike out the charges.
    Mr Akoni said their application is supported by four paragraph affidavit and written address and urged the court to grant their prayer.
    EFCC counsel, Mr Ayokunle Fayanju, in his response, asked court to dismissed the defendants application for quash of the charges.
    Fayanju said the commission, in its response to the prayers of the defendants, also filed a 26 paragraph affidavit deposed to by one Afolabi Sheu .
    He prayed the court to strike out defendants application.
    The judge subsequently adjourned ruling till February 15,2017.
    The EFCC in the charges, had alleged that Goodie and the three companies, between January and December 2010, conspired together to steal the sum of N867,700,900 property of Ikeja Hotel Plc.
    The commission also alleged that between June and October 2010, Ibru and the corporate organisations conspired together to fraudulently convert the sum of N55.1 million, property of Ikeja Hotels, to personal use.
    The prosecution further alleged that the defendants used another company, Sherwood Limited as conduct pipe to fraudulently siphon N55 million from Ikeja Hotels.
    The commission also alleged that the defendants fraudulently received a sum of £10,075 through Sherwood Nigeria Limited as profit due to Ikeja Hotel Plc.

  • Court remands man for murder

    Court remands man for murder

    An Ado-Ekiti Magistrates’ Court yesterday remanded a man, Busuyi Falayi, in prison custody for alleged murder.
    Police prosecutor Sgt Monica Ikebuilo told the court the accused committed the offence on March 30, 2013, at Aramoko-Ekiti in Ekiti West Local Government.
    She alleged that the accused murdered Ayo Jeje and Julianah Adewumi.
    According to her, the offence contravened Section 319 of the Criminal Code, Cap C 16, Laws of Ekiti State 2012.
    Ikebuilo explained she had sent the case file to the Office of the Director of Public Prosecution (DPP) for legal advice.
    The plea of the accused was not taken as his counsel, Mr Simeon Ojo prayed for a short adjournment till the advice from the DPP.
    The Magistrate, Modupe Afeniforo, remanded the accused in prison custody pending advice from the DPP.
    She adjourned the case till January 15 for further hearing.

  • Court rules on $249m suit January 27

    JUSTICE Mohammed Idris of the Federal High Court in Lagos will on January 27, next year, rule on whether or not he has jurisdiction to hear a $249 million suit against a company co-founded by Industry Minister Okechukwu Enelamah.

    Petroleum Zion Exploration and Production Limited is claiming that  amount for alleged breach of contract, confidentiality obligations and unlawful interference with economic interests.

    Enelamah was the African Capital Alliance Ltd’s Chief Executive Officer until his appointment as minister.

    The plaintiff claimed the company unlawfully interfered with its purchase of Afren’s stake in Oil Mining Lease (“OML”) 26, with a production potential of over 10,000 barrels of oil per day.

    PJT Partners UK Ltd, FHN 26 Ltd, Wilmington Trust (London) Ltd, Vertex Energy Ltd, Department of Petroleum Resources, and Ministry of Petroleum Resources are the other defendants.

    Five of them brought notices of preliminary objection challenging the court’s jurisdiction.

    The plaintiff said sometime in 2015, Afren PLC (a UK listed Pan- African Oil and Gas Company currently under insolvency) mandated PJT Partners (a subsidiary of Blackstone Group UK) to liquidate all its assets in Nigeria, including its 100 per cent stake in FHN26 (a special purpose vehicle of that owns a 45 per cent interest in OML 26).

    The plaintiff expressed interest in acquiring the said stake in OML 26 (the ‘Sale Asset’) and was eventually declared preferred bidder, whereupon it commenced negotiations, in good faith, and reached agreement to execute a Sale Purchase Agreement in respect of the Sale Assets (‘SPA’).

    According to Petroleum Zion, PJT Partners in handling the transaction on behalf of Afren’s administrators, breached their confidentiality obligations owed to the plaintiff, unlawfully disclosing the plaintiff’s bid price and other sensitive information to ACA (who secretly joined the bid process later) and now on the verge of concluding the transaction, leveraging the sensitive information unlawfully obtained from PJT Partners to its advantage.

    The plaintiff contended that PJT Partners disclosed the sensitive informations it gathered from it (Petroleum Zion) including renegotiated terms to ACA, which made it easy for ACA to want to close the transaction.

    Among others, the plaintiff is demanding $230million as damages against PJT Partners UK for disclosing its sensitive information to competitors and an additional $8.94m as compensation for expenses it incurred as a result of the defendants’ bad faith.

    Petroleum Zion is seeking $10million as damages against ACA for unlawful interference with the plaintiff’s economic interests.

  • Wrongly executed man acquitted by court

    Nie Shubin, who was executed 21 years ago for rape and murder, had his conviction overturned by China’s top court on Friday.

    The second circuit court under the Supreme People’s Court revoked the verdict.

    Nie was convicted of raping and murdering a woman in Hebei provincial capital, Shijiazhuang in 1995 and executed the same year at the age of 21.

    The case re-emerged in 2005 when another man, Wang Shujin, admitted guilt in the case and said Nie was innocent.

    In December 2014, the SPC assigned the higher court of Shandong Province to review the case and the latter found there were too many questions about the previous trials to uphold the conviction.

    However, the SPC decided to retry the case in June 2016.

    The retrial panel of the second SPC circuit court reviewed all documents on the case, visited the crime scene, verified evidence and questioned former personnel who had handled the case.

    It also heard opinions from the Supreme People’s Procuratorate, which insisted that the evidence presented in the original trial was insufficient.

    The SPC finally announced Nie was innocent on Friday.

    It ruled that the evidence was lacking, the time of the crime and tools used to commit the crime could not be confirmed and the victim’s time and cause of death could not be confirmed.

    It noted several key documents, including some records of the questioning of Nie and witnesses had been lost and the truth and legitimacy of Nie’s confession were questionable.

    “The evidence used to convict Nie was not accurate and sufficient and did not meet the requirements for a conviction,’’ it said. (Xinhua/NAN)

  • Cost of court workers’ strike in Aba

    Stakeholders in Aba, Abia State have expressed relief as court workers resumed duties after calling of their industrial action.

    Court workers in the state downed tools last month, protesting, among other things, the refusal of the state government to grant financial autonomy to judiciary workers.

    The situation, The Nation gathered, caused judicial lockdown in the state as matters for judicial consideration in various courts were placed on hold.

    The strike has been called off, much to the relief of everyone. Some respondents described the call-off as a big relief for justice seekers whose cases had been pending in court since the industrial action started.

    Our reporter who visited the Aba North and South Magistrate Courts along Aba-Ikot Ekpene Expressway and Old Post Office reports that staff members of the two courts were seen at duty posts attending to lawyers who were in court to pick new dates for their cases.

    A Divisional Police Officers (DPO) who craved anonymity told our reporter that the prolonged strike action by judiciary workers made their detention cells to be overcrowded because they couldn’t arraign some of their suspects in court and could not grant them bail either because of the weight of the crime that they committed.

    “Some of the suspects were hardened criminals who were caught with dangerous weapons such as AK-47, cut-to-size shot guns, live ammunition which they used for armed robbery, kidnapping, car snatching at gunpoint and what we do when we arrest such criminals is to immediately charge them to court from where they will be remanded in the prisons.“

    Some lawyers including Mr Nkemakolam said due to the strike, many were denied justice when they needed it.

    He said, “The last hope of the common man was shut down, giving room to security agencies and other individuals the opportunity to exploit and abuse the rights of others who would have come to court to seek justice. People have been held in police cells for over a month due to the inability of police to charge them to court.”

     

  • Court remands ex-YABATECH bursar in prison

    Court remands ex-YABATECH bursar in prison

    Former Yaba Collage of Technology (YABATECH) Bursar Olu Ibirogba has been remanded in prison till December 5, pending the hearing of his bail application.
    Justice Adebayo Akintoye of the Lagos High Court sent him to custody on Monday after throwing out his preliminary objection to the charge prefered against him and Charles Akharayi.
    Last year, the Lagos State Government charged Akharayi and Ibirogba with threat to life, impersonation, defamation and conspiracy to cause public harm, among others.
    Ruling on their objection, Justice Akintoye held that she has jurisdiction to hear the case because the charges were not abuse of court processes.
    Following the ruling, Akharayi and Ibirogba pleaded not guilty, setting the stage for their trial.
    Justice Akintoye fixed hearing of their bail applications for December 5, and ordered that they be remanded in custody till then. The charge with number LD/1490/2015 alleged that Ibirogba, Akharayi and Samuel Erhunwunse provoked breach of public peace by offensive publications, contrary to Section 57 (1) (b) of the Criminal Law of Lagos State 2011.
    They were said to have also disclosed official secrets on the internet, and to some online and mainstream media contrary to Section 59 of the Criminal Law of Lagos State 2011.
    They were accused of making false statements to media houses with the intention of causing injury, contrary to Section 96 (a) (b) of the Criminal Law of Lagos State, 2011.
    The accused were also charged with conspiracy to injure the reputation of YABATECH’s Rector Dr. Margaret Kudirat Ladipo, cause fear and alarm to the public, knowing that the reports were false, contrary to Section 39 (1) of the Criminal Law of Lagos, 2011.
    Ibirogba was also accused of impersonating top public officers contrary to Section (78) (a) and (b) of the Criminal Law of Lagos State, 2011, by presenting himself to the Chairman of the Independent Corrupt Practices and other Related Offences Commission in Abuja on February 25, 2014 as Honourable A.E.O Akins, thereby impersonating a public officer.

  • Court orders Ogunlewe, FUNAAB VC remanded in prison

    Court orders Ogunlewe, FUNAAB VC remanded in prison

    An Ogun State High court sitting in Isabo, Abeokuta, the state capital, on Friday ordered that the former Works Minister and Pro – Chancellor of the Federal University of Agriculture (FUNAAB), Abeokuta, Senator Adeseye Ogunlewe and the institution’s Vice – Chancellor, Prof. Olusola Oyewole be reminded in prison custody pending the perfection of the bail conditions granted them.

    Lead Counsel for Senator Adeseye Ogunlewe, Mr Wale Adesokan and that of Prof. Olusola Oyewole, Mr Benjamin Ogunmodede secured bail for the duo after long hours of intense legal battle at the court.

    Ogunlewe and Prof. Olusola who were brought to the court in an Air Conditioned fitted Urvan bus marked BWR 633 AT by over half a dozen Operatives of the Economic and Financial Crimes Commission(EFCC), were arraigned before Justice O.O. Majekodunmi on 18 counts charge.

    The duo were docked by 9:12am for alleged offences bordering on conspiracy, stealing, fraudulent conversion as well as unathorised depositing in a fixed account of funds belonging to FUNAAB in which they pleaded not guilty to all the charges.

    Also docked along with the FUNAAB’s Pro-Chancellor and V.C was the institution’s Bursar, Mr Moses Ilesanmi, who also pleaded not guilty to the charges.

    Prior to their arraignment on Friday, however, Ogunlewe, Oyewole and Ilesanmi had been kept at the EFCC’s cell at the agency’s Ibadan zonal office since last Wednesday.

    Part of the 18 count charge preferred against the three accused persons included: putting N400m in a fixed deposit account with a commercial bank without following due process, while the interest accrued from such fixed account were paid into the personal account of two private individuals.

    Delivering ruling on the applications for bail, the presiding judge, Justice Majekodunmi O.O granted the duo of Ogunlewe and Oyewole N50m bail each, with two sureties each in like sum.

    The judge, who emphasised that she neither found reason to refuse them bail nor did the prosecution (EFCC) also showed cause why they should not be granted bail, further ruled that there was no evidence before the court to show that Ogunlewe and Oyewole were “habitual offenders.”

    The judge also ordered that the sureties should be landed property owners within the jurisdiction of the court and they are to tender to the court, the title documents of the property, and should also not be lesser than level 15 officers in the Ogun State Civil service.

    The two are also ordered to submit their International Passports to the Court while they should be reminded in the Prison custody pending the perfection of the bail terms.

    But ruling on the third accused person, Justice Majekodunmi ordered that Ilesanmi be reminded in the EFCC’s custody till Monday 28th November when the court would be hearing the bail application filled by his counsel as such was filled late yesterday, Friday.

  • Court: no counter-order on Jonathan’s wife’s $15.5m

    Court: no counter-order on Jonathan’s wife’s $15.5m

    THE Federal High Court in Lagos yesterday refused to make a counter-order on the forfeiture of the $15.5 million allegedly belonging to wife of former President Goodluck Jonathan, Patience.
    Justice Mohammed Idris declined a request by the former First Lady’s lawyer, Chief Ifedayo Adedipe (SAN), to restrain Justice Babs Kuewumi from taken a further step with regards to the money.
    Mrs. Jonathan said four of her frozen accounts with Skye Bank in the name of four companies have a balance of $15,591,700 (about N5 billion) belonging to her.
    But, the companies, on September 15, pleaded guilty to laundering the money when they were arraigned before Justice Kuewumi.
    The judge, however, refused to order its forfeiture to the Federal Government until the trial of the others named in the charge was concluded.
    The companies are: Pluto Property and Investment Company Ltd (represented by Friday Davis), Seagate Property Development and Investment Company Ltd (represented by Agbor Baro), Trans Ocean Property and Investment Company Ltd (represented by Dioghowori Frederick) and Avalon Global Property Development Ltd (represented by Taiwo Ebenezer).
    EFCC arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa, a lawyer, Amajuoyi Briggs and a banker, Adedamola Bolodeoku.
    Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.
    Mrs. Jonathan, in a separate suit against EFCC and Skye Bank, before Justice Idris, is seeking an order to de-freeze the accounts and release her money.
    Yesterday, her lawyer Adedipe urged Justice Idris to stop Justice Kuewumi from making any order forfeiting the $15.591 million pending the determination of her application for interlocutory injunction.
    Adedipe urged the court to direct the EFCC not to tamper with the “res” (subject matter) of the case pending the determination of the interlocutory application.
    But, EFCC’s Rotimi Oyedepo, opposed the application, saying: “We pray the court to dismiss the application with a wave of hand. There is an order of the court that have convicted the 4th-7th defendants for warehousing the proceeds of crime.”
    According to him, it will be “extremely” prejudicial to the earlier order made by Justice Kuewumi in the criminal case.
    Justice Idris refused to grant Adedipe’s oral application and adjourned till December 7 for hearing.