The Nation Newspaper

Tag: Court

  • Court dissolves policeman’s 12-year-old loveless marriage

    Court dissolves policeman’s 12-year-old loveless marriage

    An Agege Customary Court yesterday dissolved the 12-year-old marriage between a policeman, Patrick Idoko and his wife, Udoka, for infidelity, lack of love and trust.

    Idoko, 40, from Benue State, who lives in Shomoye Street, Ijaiye-Ojokoro, Lagos described his wife as troublesome and uncaring.

    He went to court to dissolve the marriage on grounds of infidelity, lack of love and care for hims and the four children of the union.

    His marriage, he said, was crisis-free until two years ago when he suspected Udoka was having extra-marital affairs.

    “l set a trap for her and she fell for it on Jan. 12 and since then, my wife refused to come home.

    “Due to her shameful act, she left me and I have been taking care of the children.”

    The petitioner said he secretly installed a memory card on the new phone he bought for her to record her conversations.

    “The playback of the phone revealed the secret conversations between the respondent and her secret lover.”

    In her response, Udoka, denied all the allegations made against her and pleaded with the court not to dissolve the marriage, attributing her travails to rumour mongers in their neighbourhood.

    The petitioner had earlier accepted to take the woman back on the condition that she subjected herself to some “spiritual cleansing”.

    The respondent agreed to the terms, but refused to follow the husband to the village for the cleansing.

    Dissolving the union, the President of the court, Mr Philip Williams, said: “The relationship between the couple has broken down completely and the respondent shows she is no more interested in the marriage.”

    He asked both parties to go their separate ways and warned them to desist from blackmailing and harassing each other.

    The president warned the respondent not to go to the petitioner’s residence, work place or his church to cause trouble and directed that the marriage dissolution certificate should be sent to Udoka to inform her about the development.

  • Court remands Iba king’s suspected abductors

    Court remands Iba king’s suspected abductors

    A Lagos High Court  yesterday remanded four men accused of kidnapping the traditional ruler of Iba Town, Oba Goriola Oseni in prison.

    Duba Furejo, Ododomo Isaiah, Reuben Anthony and Yerin Fresh were sent to custody following their arraignment before Justice Oluwatoyin Taiwo.

    They are standing trial on an eight-count charge of conspiracy, murder, attempted murder, robbery, armed robbery, felony and kidnapping.

    Lagos State Attorney-General and Commissioner of Justice, Adeniji Kazeem told the court that the accused and others at large conspired to commit the offences last July 16.

    The offences, he alleged, occurred at the traditional, ruler’s palace in Iba Town.

    The accused were alleged to have murdered a security guard, Sunday Eniola Okanlawon, and a commercial motorcycle rider, Joseph Okeke.

    The state also alleged that the defendants attempted to murder the monarch’s wife, Olori Abosede Oseni.

    “The defendants, while armed with guns, robbed Abosede of her mobile phone.

    “With intent to commit felony, they conspired with others at large to kidnap Oba Yishau Goriola Oseni at the Oba’s Palace, Iba Town Lagos”, Kazeem said.

    According to the prosecutor, the offences contravened to Sections 230, 233, 299, 297 (2) (b) and 411 of the Criminal Law of Lagos State C17, Vol. 3 Laws of Lagos State, 2015.

    The defendants denied the charge in the presence of their counsel Chief Selowei Baidi for Furejo, Isaiah and Fresh and Mr. J. O Eguaroje for Anthony.

    Following the prosecutor’s application for the defendants’ remand and a trial date, Justice Taiwo adjourned till November 4, 11 and 18.

  • Court dismisses N500m suit against Metuh, wife for assault

    A High Court of the Federal Capital Territory (FCT) in Maintama, Abuja has dismissed a N500million suit brought against former Peoples Democratic Party (PDP) spokesman Olisa Metuh, his wife, Kanayo and their security aide, Oche Gambo.

    Justice Folashade Ojo held that the plaintiffs – the management of an Abuja-based private school – British Nigerian Academy (formerly attended by Metuh’s son, Derrick) and two of its staff – Kola Pele (Vice Principal) and Hamzat Maftau (a teacher) failed to prove their case against the defendants.

    The plaintiffs sued Metuh and others for allegedly forcing themselves into the school on February 19, 2011 and assaulting Pele and Maftau for allegedly confiscating Derrick’s mobile telephone.

    The plaintiffs prayed the court to declare among others, that the defendants’ actions on February 19, 2011 at the school amounted to trespass and unlawful entry.

    The urged the court to award N500million damages against the defendants.

    Justice Ojo resolved the three issues for determination against the plaintiffs, adding that they failed to provide sufficient evidence to prove their case.

    On whether the presence of the defendants in the school premises on the day of the incident was unlawful, as claimed by the plaintiffs, the judge noted that the plaintiffs, even though pleaded the school’s newsletter (which they claimed contained notices of students’ relatives’ visiting days) they neglected to tender it in evidence.

    Justice Ojo held that the only inference one could draw from plaintiff’s failure to tender the newsletter, which was necessary to prove their claim of trespass, was because its content did not support their case.

    The judge held that the plaintiffs could not prove that the defendants were in the school premises, on the day of the incident, unlawfully as the plaintiffs failed to prove that claim.

    “It was a staff of the first plaintiff (Miss. Amauche Igbe) that seized the phone from the secon defendant and handed over same to the second plaintiff. The said Miss. Amauche Igbe did not testify in this case and no reason was given for her failure to testify.

    “In the face of the denial of the plaintiffs’ case by the defendants, I am of the view that the failure of the plaintiffs to call any other witnesses is very fatal to their case. The plaintiffs’ evidence is that other people were present when the assault took place. The people include the staff and students of the school.

    “In the present circumstance, I am of the view that the plaintiffs have failed to prove, by preponderance of evidence, that they were assaulted by the defendants on the day in question.

    “The alleged misconduct of the defendants, which allegedly brought pains, harassment, etc to the plaintiffs has not been proved.

    “In conclusion, I find that the plaintiffs have failed to prove their case against the defendants and same is dismissed in its entirety,” Justice Ojo said.

  • Court sacks two Reps

    Court sacks two Reps

    •Ex-lawmakers to refund earnings

    Justice Okon Abang of the Federal High Court, Abuja, has ordered two House of Representatives members to vacate their seats.

    The affected lawmakers are: Stella Ngwu (Igbo-Etti/Uzo-Uwani) and Dennis Agbo (Igbo Eze North/Udenu) both in Enugu State.

    Both lawmakers are of the Peoples Democratic Party (PDP).

    The judge ordered their sack in his judgments last Friday.

    Our reporter yesterday sighted certified true copies (CTCs) of the enrolled orders from the judgments.

    The suits were filed by Gabriel Okafor and Chijoke Ugwu.

    The plaintiffs challenged the nomination of the sacked lawmakers as PDP candidates, and the judge upheld this.

    By the judgments, Okafor is to replace Ngwu (for Igbo-Etti/Uzo-Uwani), while Ugwu will take the place of Agbo (for Igbo Eze North/Udenu).

    The judge held that the sacked lawmakers were wrongly nominated by the PDP because they did not win the party’s primaries ahead of last year’s legislative elections in their constituencies.

    He also held that it was unconstitutional, illegal and unlawful for the PDP and its National Working Committee (NWC) to conduct the primaries, which produced the sacked legislators, with the lists of delegates other than the one produced from the ward congresses on November 1, 2014.

    Justice Abang held that the election of Ngwu and Agbo violated provisions of sections 85 to 89 of the Electoral Act, 2010 and Electoral Guidelines for Primary Elections.

    The judge also held  that the plaintiffs proved that authentic primaries held on December 6, 2014 by presenting exhibits, including the results of the primaries, the panel’s report on the primaries and the lists of the delegates.

    The PDP, its NWC and the Independent National Electoral Commission (INEC) were listed as the first, second and third defendants, while Ngwu and Agbo were the fourth defendants in both suits.

    On Agbo, Justice Abang said: “…The fourth defendant, Mr. Dennis Nnamchi Agbo, shall refund to the coffers of the National Assembly  forthwitth all money he collected by way of salaries, allowances and whatsoever described since he took the seat in the House of Representatives as a result of 2015 general elections under the pretext of being duly elected the candidate of PDP to represent Igbo-Eze North/Udenu Federal Constituency.”

    Justice Agang delivered similar orders in favour of Okafor.

    The judge relied on the Supreme Court’s decision in the case of Gwede Vs INEC delivered by 2015 in ordering the sacked lawmakers to refund their earnings.

     

     

  • Court fixes trial date for driver, two others over of N2.7m ‘theft’

    Court fixes trial date for driver, two others over of N2.7m ‘theft’

    A Lagos Magistrate Court sitting in Yaba has fixed November 15 for the commencement of trial of a driver, Mayowa Adenuga, who allegedly stole N2,728,255 from the bank account of a university professor (names with held).

    Mayowa, 25, who was a personal driver to the professor, is standing trial with Adewale Opeyemi, 18, and Jeremiah Ijitoye, 29.

    They were brought into the court  from Ikoyi Prisons where they had been on remand since September 5, having failed to meet the bail conditions set for them by the former trial Magistrate, Mrs A.O. Erinle.

    Magistrate Erinle had at the last sitting, granted the defendants  N800,000 bail each with two sureties in the like sum.

    She had also ordered that the sureties must be blood relations and must own a verifiable property in Lagos.

    At the resumed sitting yesterday, the prosecutor, Sergeant Onaiwu Iyobosa, told the court presided by Magistrate O.A. Aka-Bashorun that the matter was slated for mention and that they were ready to commence trial.

    Counsel to the defendants Makolo Anthony did not oppose the submission of the prosecution.

    Aka-Bashorun adjourned the matter till November 15.

    Mayowa, Opeyemi and Ijitoye are facing a three-count charge bordering on conspiracy and stealing.

    The Police prosecutor told the court that the defendants allegedly stole N2,728,000 from the account of the professor with Zenith Bank.

    The theft, it was said was allegedly carried out with the Zenith Bank Automated Teller Machine (ATM) card stolen from the professor and valued at N1,000.

    According to the prosecution, the offence was committed at Magodo, Isheri, Lagos on July 2.

    The defendants had pleaded not guilty.

     

  • ARCO vs AGIP: Court won’t grant firm’s reliefs

    The Federal High Court, sitting in Port Harcourt, the Rivers State capital, has failed to grant any of the reliefs sought by ARCO Group Plc in a suit it filed against Nigerian Agip Oil Company (NAOC), NNPC/NAPIMS Joint Venture partners, as well as Nigerian Local Content Board, on the provisions of Oil and Gas Local Industry Development Content Act.

    ARCO, an indigenous engineering firm, participated in a bid for a contract to service Agip Gas turbine facility at OB/OB, Ebocha and Kwale, all in Omoku, Rivers State.

    The company allegedly scored the highest mark (8.6) in the technical demonstration and ownership over nine other competitors, thereby winning the contract by merit, in accordance with the provisions of Section 3(3 and 2) of the content law.

    But Agip gave the contract to another firm, PlanGeria, on the ground that it won the commercial aspect of the bid.

    Efforts to make Agip reverse the contract failed. ARCO sought the legal interpretation of the section of the content Act and several reliefs in court.

    The appellate court did not grant ARCO’s reliefs.

    Its lawyer, Beluolisa Nwofor, a Senior Advocate of Nigeria (SAN), said the company would appeal the judgment.

    He said the judge made an error but hailed him for being the first judge to interpret the local content Act since it was enacted in 2010.

    Also, AGIP’s lawyer John Ilerimie said the provision of the Act was meant to protect the rights of Nigerians to compete for the award of certain categories of contract.

    “In this case, we demonstrated to the court that all the companies that went through the test were Nigerian companies which were certified by Nigerian Content Development Board to be Nigerian companies…”

  • Court hears suit on NBA election Thursday

    A High Court of the Federal Capital Territory (FCT) presided over by Justice Y. Halilu will on Thursday begin hearing on a suit filed by Chief Joe-Kyari Gadzama (SAN) against the trustees and officers of the Nigerian Bar Association (NBA) for allegedly stealing his mandate.

    The plaintiff, who claimed he won the last NBA election, is challenging the declaration of Mr Abubakar Mahmoud (SAN) as winner.

    Gadzama is seeking a declaration that NBA presidential election held on July 30 and 31 under the supervision of the immediate past president Augustine Alegeh (SAN) and NBA Electoral Committee chaired by Mr. Ken Mozia (SAN) violated the NBA Constitution 2015.

    After hearing interlocutory applications and preliminary objections on the matter during the vacation, Justice Ademola Adeniji returned the file to the Chief Judge for reassignment. The matter was assigned to Justice Y. Halilu sitting in Jabi.

    With the defendants’s failure to file their defence, Gadzama filed a motion for judgment in default of appearance. He also prayed for accelerated hearing since time was of the essence, with the tenure of an NBA president only two years

    In a Counter Affidavit in opposition to the motion, Mr. Yunus Ustaz (SAN), leading other lawyers for the trustees, prayed the court to dismiss the motion for being frivolous and lacking in merit.

    He said: “The Plaintiff filed the originating processes in the suit on August 16 and served his clients during the court’s vacation and that by the Rules of the Court, time for filing and service of pleadings does not run during the yearly vacation of the court.

    “The court resumes from its yearly vacation on September 12, 2016, my clients are still within time to file their statement of defense as their 14 days to file same started counting when the court resumed from vacation.

    “We filed a motion challenging the jurisdiction of the court to hear the matter, that the court as presently constituted is not competent to hear this matter,” Ustaz Usman said.

    Other defendants in the matter have not filed any statement of defense or motion in respect of the matter.

  • Court orders agency to pay oil firm N26b

    A Federal High Court in Abuja has ordered the Asset Management Corporation of Nigeria (AMCON) to pay Capital Oil and Gas Limited about N26 billion in compliance with the terms of agreement entered between them which the court adopted as a consent judgment in 2013.

    Justice Adamu Kafarati held that AMCON was morally and legally obligated to perform its responsibilities under the consent judgment adopted in a suit marked: FHC/ABJ/CS/714/2012 between AMCON (as plaintiff) and Capital Oil (as 2nd defendant).

    Justice Kafarati’s judgment was on a suit marked: FHC/ABJ/CS/514/2015 filed against AMCON by Capital Oil to enforce the consent judgment of 2013, which ended the dispute between them over the oil company’s indebtedness to some financial institution, which AMCON took over.

    AMCON was required under the consent judgment to restructure Capital Oil’s debt and provide it N16b as Trade Finance Facility to revamp its business and to pay its trade creditors.

    It was also required to make N10.590billion available to Capital Oil for the payment of sundry creditors who continue to threaten its business.

    On its part, Capital Oil was required to transfer assets worth N78.55billion to AMCON to qualify for the over N26billion payment by AMCON.

    Justice Kafarati said he was convinced from the evidence provided that Capital Oil fulfilled its obligation under the consent judgment by fully transferring assets worth N78.55billion to AMCON.

  • Court orders remand of 26-year-old murder suspect

    An Osogbo Magistrates’ Court on Tuesday remanded one Afeez Alabi in prison custody, over alleged robbery and murder.

    Alabi, 26, was brought to the court by the police for allegedly shooting to death a security guard in Osogbo.

    The prosecutor, Mireti Wilson told the court that the accused committed the offence on July 27, at about 2:00am on Television Street in Awosuru area of Osogbo.

    Wilson said that the accused shot and killed the security guard, Adejumo Abimbola, and also stole a plasma television and two wrist watches belonging to one Akinwusi Abidemi.

    The prosecutor said the offences contravened Sections 1 and 6 of the Robbery and Firearms (Special Provisions) Laws of the Federation and the Criminal Code Cap 34 Vol. 11 Laws of Osun, 2002.

    The plea of the accused was not taken as he had no legal representation.

    The Magistrate, Mr Olusola Aluko, however, ordered that the accused be remanded at Ilesha Prisons, and adjourned the case till Nov.11, for mention.

  • Man defecates in court

    Man defecates in court

    There was mild drama at an Igbosere Magistrates’ Court, Lagos, yesterday when a man defecated in the dock.

    Bernard Avekpon, 18, was arraigned by the police alongside 22 others before Mrs A.O. Ogunbowale, on three counts of conspiracy, unlawful possession of harmful objects and conduct likely to cause breach of peace, under Sections 409, 16(f)(d) and 133(b) of the Criminal Laws of Lagos State, 2011.

    Just before proceedings, Avekpon, on the floor sweating and holding his stomach in discomfort, told the Investigating Police Officer (IPO) who brought all the defendants to court that he needed to use the toilet, but his request was denied.

    The IPO said the case was about to be called, adding that if he took Avekpon to the restroom, there would be no one to secure the other defendants. He urged Avekpon to hold it in until after his arraignment.

    But as soon as Avekpon and the other defendants entered the dock and the court registrar began reading the charge, a foul smell rent the air.

    Holding their noses, a few people walked out of the courtroom and a counsel enquired about the source of the odour.

    Avekpon owned up. “I shit,” he said.

    He was led outside and the arraignment of the other defendants, Samuel Nnamdi 28, Emmanuel Shakiru 25, Okpe John,  26, Clement Ogar, 28, Donald Lowatur, 23 and Monday Mbang 21, continued.

    Others include Matthew Sunday, 22, Francis Esthaphanus, 22, Kennis John, 26, Romero Dossu, 37, Makande Samson, 34, Utibe Sunday, 45, Dona Afonyo, 35, Rasheed Kogbe,  38, Adam Monda, 23, Glegbe Alfred, 27, Reuben Lo kosso, 26, Benjamin Nichodemus, 33, Edwe Gbovis 18, Samson Dimeji, 20, Augustine Okon, 32 and Adebayo Dauda, 26.

    Prosecuting Sergeant Ajaga Agboko, told the court that the incident took place last September 17, at about 3:30pm at Otodo Gbame Community in Eti-Osa Local Government Area (LGA).

    “The defendants were found having in their possession fetish charms and other harmful objects without any lawful or reasonable excuse,” Agboko said.

    The defendants pleaded not guilty.

    Magistrate Ogunbowale granted them N50,000 bail each with one surety each in the like sum and adjourned till October 6, for trial.