The Nation Newspaper

Tag: Court

  • Minister courts Igbo support for Buhari

    The Federal Capital Territory (FCT)  Minister Malam Muhammad Bello has urged the Igbo people resident in Abuja to continue to support the government of President Muhammadu Buhari.

    The Minister made the call when a delegation of the Igbo community resident in the Federal Capital Territory paid him a visit.

    Bello emphasised that the continued support from all Nigerians irrespective of ethnic, political or religious inclinations is necessary to enable the President take Nigeria to greater heights.

    He also urged them to extend that same support to all his appointees in the Federal Capital Territory to enable them deliver quality services to the residents as encapsulated in the Change Agenda of the Federal Government.

    The Minister reiterated that his administration was working assiduously to make the Abuja light rail project operational by December 2017, adding that all the rail corridors would be developed to boost trade and commercial activities in the Territory.

    According to a statement issued by the Chief Press Secretary,  Muhammad Sule, said that the history of Abuja cannot be complete without the mention of the contributions of the Igbo traders.

    He assured that his administration would continue to run an open door policy and all-inclusive government with all the strata of the society carried along to give every sector of the country a sense of belonging.

    The Minister called for peaceful co-existence amongst all ethnic groups resident in the Federal Capital Territory, stressing, “We should maintain the tempo of the peace we are enjoying in Abuja”.

    Bello used the occasion to admonish the residents of the Federal Capital Territory to always report any suspicious movement to the law enforcement agents, in order to nip in the bud any security breach.

    Speaking earlier, the leader of the delegation and the Eze Ndigbo of Abuja, Eze Ibe Nwosu promised to maintain high degree of peace wherever they found themselves in the Territory and would continue to contribute to the economic development of Abuja.

    Eze Nwosu asked the FCT Administration to carve out new layouts to develop new markets, in order to decongest the existing ones.

    Eze Ndigbo appealed to the Minister to include the Igbo people resident in Abuja in Board appointments and other political appointments to give them a sense of belonging.

     

  • Court discharges priest accused of rape

    Court discharges priest accused of rape

    Parish Priest of Church of Assumption, Asokoro, Abuja, Rev. Anthony Ochigbo, who was accused of raping a 10-year-old, has been discharged.

    A Gudu Upper Area Court in Abuja, which discharged him yesterday, also struck out the First Information Report for lack of jurisdiction.

    Justice Umar Kagarko held that Ochigbo was arraigned under Section 282 of the Penal Code and not under the Child Rights Act, adding that the court can only try him under the Penal Code and not the Act as submitted by Prosecutor James Idachaba.

    He said the court allowed the rule of law to take its course, as matters of jurisdiction is paramount in cases.

    “I, therefore, terminated the FIR and discharged the defendant,” he said.

    Idachaba had applied to withdraw the FIR, contending that it was not properly filed.

    He said only the High Court could try cases under the Child Rights Act.

    The prosecutor said the Act provides appropriate penalty for rape, compared to that by the Penal Code.

    He said the trial would begin in an FCT High Court, which has jurisdiction to try cases under the Act.

    Defence counsel Godwin Chukwukere said the prosecutor was trying to hide under the shade of a minor, noting that there was no charge in a High Court on the case.

    He added that the business of the day was the ruling on the bail application of his client and not to hear the prosecutor.

  • Court refuses to stop Kashamu’s arrest

    Court refuses to stop Kashamu’s arrest

    •Senator: no extradition case against me 

    A Federal High Court in Abuja yesterday declined to grant an order sought by Senator Buruji Kashamu to restrain the Department of State Service (DSS) and the Police from arresting  him.

    Kashamu, a senator representing Ogun East, had through his lawyer, Godswill Mrakpor, filed a fundamental rights enforcement suit and accompanied it with a motion ex-parte for injunction.

    He had sought to restrain the respondents from taking steps to arrest him pending the determination of the substantive suit.

    Yesterday, Justice Okon Abang declined to grant an ex-parte injunction.

    Instead, the judge ordered that the respondents be served with the motion and for them to attend court on the next adjourned date to show cause why Kashamu’s prayers, as contained in the ex-parte application, should not be granted.

    The senator, in a supporting affidavit, stated that the security agencies are acting based on a “politically motivated petition” authored by one Oladikupo Adebutu from Ogun State.

    Kashamu, in a statement, said: “This extant suit relates to a frivolous petition written against Senator Kashamu by a member of the House of Representatives from Ogun State, Hon. Oladipupo Adebutu, in which he made all manner of unfounded allegations and requested the security agencies to take certain steps that could inhibit the fundamental human rights of the senator.

    “It was in a bid to forestall an infringement on his rights to freedom of movement and association that Senator Kashamu filed the Fundamental Human Rights Enforcement suit in court.

    “When the matter came up today (Tuesday), the court granted Senator Kashamu’s application to be heard during vacation and to serve the processes on one of the defendants outside jurisdiction.”

    While the court refrained from making any preservatory order as canvassed by, the senator’s counsel, Mr. Godswill Mrakpor, it urged parties to observe the principle of lis pendens  which enjoins parties not to take any steps in respect of a pending action in court. That could not in any way be rightly interpreted to mean refusal of an application to stop anyone’s extradition because there is no such application in the first place.”

     

     

  • Court affirms 103 years’ judgment

    The Lagos State High Court in Ikorodu has granted leave to an applicant to enforce an October 7, 1913 judgment with Suit No. 139/1911 on Akishe & Odueke v Odumeru (Baale of Agbowa & Anor.)

    Justice M. A. Savage also issued a writ of possession “of all that parcel of land at Gberigbe Town via Ikorodu, Lagos State” in favour of the applicants, Talenu Fasanya & Ors.

    The claimants had sought the orders in Suit No. IKD/660LM/16 through an originating motion ex-parte last February 15. Chief Oluwasegun Ogunlana & Others were the defendants.

    Their ground for the application was that their predecessors-in-title were adjudged owners of land at Gberigbe Town in Akishe & Odueke v. Odumeru (Baale of Agbowa & Anor.)

    In granting the orders, Justice Savage referred to the findings of the Supreme Court in Akishe & Odueke’s case where J. Winfield held: “I find that the Agbowas have been in possession of the land and have exercised control over it for a time which is inconsistent with the claim of the plaintiff and the plaintiff completely failed to prove the case.”

    He observed that the judgment in Akishe & Odueke’s case, which was “a judgment equivalent to the present day high court was never appealed against by the predecessors of the respondents.”

    “Thus, the applicants herein are the adjudged owners of the Gberigbe Orelade land and constitutes estoppel per res judicata.

    “I will grant the application on the principle that a successful litigant should not be deprived of the fruits of his victory particularly as there has not been any appeal on record since 1913.

     

  • ‘We’ve approached court for Kekemeke’s removal’

    ‘We’ve approached court for Kekemeke’s removal’

    •Party chair: I’m not aware of any suit stopping me

    Some members of Ondo State All Progressives Congress (APC) have sued their chairman, Isaac Kekemeke, at the Federal High Court, Abuja.

    They urged the court to stop him from parading himself as the party chairman.

    The party members said they decided to approach the court since the chairman, who had  allegedly been removed by the State Executive Committee on August 20, was still parading himself in that position.

    The suit was filed by Publicity Secretary Omo’ba Abayomi Adesanya, Youth Leader Olutayo Babalayo and Akoko Southwest APC Chairman  Daodu Bolakale.

    But Kekemeke said he was not aware of any suit.

    A statement issued by Adesanya and the acting state chairman, Ade Adetimehin, in Akure, queried Kekemeke on why he should summon a meeting of the State Executive Committee for today.

    The statement insisted that since the executive committee passed a vote of no confidence on the chairman, the acting committee put in place has the legitimate right to called for a meeting.

    In the suit, the party members sought for an order of interlocutory injunction retraining Kekemeke from further parading himself as the APC chairman.

    They sought an order of interlocutory injunction restraining the Independent National Electoral Commission (INEC), the Police and the Department of State Service (DSS) from dealing with him.

    But Kekemeke said he had not been served any court order and that “those making the noise” were just wasting their time.

    He said: “As a lawyer, I am not aware of any suit that stopped me from parading myself as the chairman.

    “Even if they have sued me, there is no any court order restraining me from parading myself as the chairman. So, it does not make sense.

    “I have just met with the party chairmen at the local governments level and they pass their vote of confidence on me.”

     

  • Court again rejects Fayose’s motion to stop EFCC probe

    Court again rejects Fayose’s motion to stop EFCC probe

    AN Ado-Ekiti High Court has, for the second time in a week, refused an ex parte motion filed by the Ayo Fayose administration.

    The motion sought an order to stop anti-corruption agencies from investigating the government accounts.

    The court, at its sitting yesterday, declined to grant a relief sought by the government to stop the arrest of the commissioner for Finance, Accountant General and managers of the banks, where government accounts are domicilled.

    Justice Cornelius Akintayo turned down the prayers of the applicants on the grounds that parties involved were not put on notice.

    The judge ruled that the ex parte motion should be converted to a motion on notice and be properly served on all parties.

    The defendants in the suit include the Economic and Financial Crimes Commission (EFCC); Independent Corrupt Practices and Other Related Offences Commission (ICPC); Department of State Service (DSS); Speaker of the House of Assembly, Commissioner for Finance; Accountant General; five commercial banks doing business with government; and their managers.

    The applicants were represented in court by a Senior Advocate, Mr. Ahmed Raji and Attorney General Owoseni Ajayi.

    Mr. A.A. Akoja represented the EFCC and Mrs. A.F. Adeoluwa appeared for ICPC.

    However, when the applicant’s counsel insisted that the motion on notice had been served on the parties as an alternative way of ensuring expeditious trial, counsel to the respondents sought adjournment to file their counter-affidavits appropriately.

    The ICPC’s lawyer contended that she has just been served the motion on notice, and needed time to peruse the application to be able to file a reply.

    Granting the application, Justice Akintayo adjourned the matter to August 29, saying the date falls within the seven days the constitution mandated defendants to file counter-affidavits.

    Following the revelation of an alleged receipt of N1.2 billion from the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), by Fayose, to finance his 2014 governorship campaign, the EFCC froze his personal bank account and commenced moves to probe financial transactions of his administration.

    The EFCC accused Fayose of taking kickbacks from some contractors handling major projects.

    The anti-graft agency accused the governor of using the proceeds to purchase assets worth billions of naira in Lagos and Abuja.

     

  • Court will decide Edo PDP candidate – INEC chairman

    Court will decide Edo PDP candidate – INEC chairman

    The Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, at the weekend said the issue of who flies the banner of the Peoples Democratic Party (PDP) in the Edo governorship election does not rest with the commission. He said that is for the judiciary to decide.

    The INEC boss, while speaking during a working visit to the headquarters of Vintage Press Limited, publishers of The Nation newspapers in Lagos, said given the numerous numbers of cases currently in court over the leadership of the PDP and the party’s governorship ticket in Edo, it is only the court that can have the final say on who the governorship candidate of the party would be.

    While explaining why the commission listed Pastor Osagie Ize-Iyamu as the PDP candidate when it released the list of candidates for the September 10 election, Yakubu said the decision was based on a subsisting court order. According to the INEC boss, the commission merely obeyed a court order by listing Iyamu as the candidate.

    “They say they have numerous cases in court. I told you earlier that within a period of three days we got five judgments and orders. In fact, one order came with a threat that if we did not do what the court says we should do, we will be committed for contempt. At the moment, on the basis of the judgment of the Port Harcourt High Court, we accepted the nomination from the Makarfi led caretaker committee.

    “We have to submit the name of a candidate by the 11th of this month. But, when we did so, we put in bracket, court order. Again, Ize-Iyamu has dragged INEC to court and was granted an interim injunction by the judge saying that we should maintain status quo. So, apart from the leadership tussle in the state, there is this one about candidacy in Edo State.

    “At the end of the day, it has nothing to do with the political party but who flies the ticket of the party. Our job is to obey court orders. If tomorrow the court says someone else is the candidate, we will obey. And if there is no resolution before the election, we will go into the election with the PDP and if the party wins, let the court resolve who shall be sworn in,” he said.

    The INEC helmsman also lamented the difficulty in conducting credible election in the country and blamed it on the penchant of Nigerian politicians to engage in what he described as “do or die” politics. He then advocated the creation of an electoral offences tribunal to handle cases of electoral malpractices.

    “INEC has no police and cannot arrest offenders, we cannot make arrest, we can work with the police and not arrest. We have to investigate the office so allow successful prosecution. INEC has no power to conduct investigation, it is purely and election management body.

    “So what is the way out? Two committees set up by the federal government in 2008 and 2011, made a very important recommendation that the electoral offences tribunal should be established. But nothing has been done about that recommendation till date. In 2011, the government accepted the recommendation and issued a white paper and directed the Attorney General at the time to establish election offences and tribunal commission, but nothing has been done. Are we waiting for another upheaval to set up another committee and to put the recommendation in the cooler?”

    Yakubu said the commission at best, is discussing with the National Assembly with a view to seeing to the establishment of the much needed tribunal. “We have been discussing this with the National Assembly because only the assembly can amend the electoral act to establish the commission,” he said.

    He confessed that elections in the country have become tougher. According to him, “Something has happened to our democracy that we have probably not realized, with two strong political parties; competition has become fiercer now. The two political parties in most cases have also fielded strong candidates, making the elections highly competitive. The first election, we conducted was Kogi governorship election. It was a contest between two strong candidates; an incumbent governor versus a former governor.

    “Bayelsa governorship election was also a contest between a sitting governor and a former governor. The Rivers election, even though is a constituency election, was ultimately a contest between a former governor and the incumbent governor. Though they are not candidates in the election, they virtually call the shots. So, it has become very competitive and the vote can now count more than before,” he explained.

     

  • NLC urges DisCOs, NERC to obey court order

    The Nigeria Labour Congress (NLC) has urged Electricity Distribution Companies (DisCOs) and the Nigerian Electricity Regulatory Commission (NERC ) to obey the court order that electricity tariff must revert to the old rate as against the over 40 per cent increase that workers are paying.

    It said the disregard of the order by government agencies was illegal and a sign of impunity.

    Addressing journalists in Lagos, after the NLC  Central Working  Committee (CWC) meeting, the NLC President, Comrade Ayuba Wabba, said in spite of the subsisting court order declaring as illegal the electricity tariff review, NERC and DisCOs were yet to comply.

    “CWC-in-session called on NERC and DISCOs to obey without further delay, the subsisting court order by reviewing downward the current electricity tariff,” he said.

    On the proposed new minimum wage, Wabba said  in view of the  hiccups in the economy associated with inflation and the fall of the naira, a new minimum wage is not only imperative, but urgent as the  it cannot take the workers to the next bus stop.

    Wabba also warned against imminent increase in pump price of premium motor spirit (PMS), otherwise called petrol.

    He warned that the union would resist any attempt by marketers or the Federal Government to review upward the pump price of petrol.

    He said: “We are now justified when we opposed the initial increase in the pump price of petrol. Purchasing power of Nigerians has reduced drastically following the initial increase in petrol price per litre.

    “We said it will worsen purchasing power of the workers. This is now coupled with non-payment of salary, non payment of pension and gratuity.

    “Our position still stands and every attempt to increase it will be resisted vehemently. We will mobilise our sister unions and affiliates.”

    Following non-availability of foreign exchange for importation of petrol, there are rumours that marketers may increase pump price of petrol soon.

  • Court remands four over alleged murder of Oyo lawmaker Aremu

    Court remands four over alleged murder of Oyo lawmaker Aremu

    A Chief Magistrate’s Court at Iyaganku, Ibadan has ordered the remand of four men for allegedly robbing and shooting to death a member of Oyo State House of Assembly Mr. Gideon Aremu

    The defendants: Ayobami Adedeji (23), Sodiq Adedeji (20), Kareem Isiaka (43), and Adeniran Oladapo (31) were charged with murder and robbery.

    The defendants did not take any plea.

    The Chief Magistrate, Mr. Taiwo Oladiran, ordered their remand at Agodi Prisons, as the court lacked the jurisdiction to hear the case.

    He adjourned the case till September 9 for mention, pending the outcome of the legal advice from the Directorate of Public Prosecutions (DPP).

    The prosecutor, Cpl. James Oriola, told the court that the four accused persons conspired with others now at large to commit the acts of armed robbery and murder.

    Oriola alleged that the crimes were committed on July 1 at about 9:16 pm at Alakia area, Ibadan.

    He said three of the accused- Adedeji, his brother Sodiq and Isiaka, armed with gun, robbed the late Aremu of his Samsung Galaxy Pam cell phone, valued at N220, 000 and killed him thereafter.

    “The trio unlawfully caused the death of one Hon. Gideon Aremu, 41, a member of the Oyo State House of Assembly, by shooting him with a gun,” Oriola said.

    He added that the fourth accused, Oladapo, allegedly received the said stolen phone from Isiaka on July 2 at about 12 noon at Beere, Ibadan.

    Oriola alleged that Oladapo was in the know that the cell phone must have been obtained through an act of robbery.

    He said that the offences contravened Section 316 and punishable under Sections 319 and 324 of the Criminal Code, Cap 38, Vol.II, Laws of Oyo State, 2000.

    Oriola also said that the offences are punishable under Section (1) (2) (a); Sections 5 and 6 of the Robbery and Firearms (Special Provision) Act Cap RII Vol.14, Laws of the Federal Republic of Nigeria, 2004.

     

     

     

     

  • Court remands LASU prof’s driver, others in prison for robbery

    Court remands LASU prof’s driver, others in prison for robbery

    olalekan Adelaja, a 33-year-old driver  of Computer Science teacher at the Lagos State University (LASU), Prof Benjamin Aribisala, has been remanded in prison custody for allegedly leading his gang to rob his employer.

    Adelaja, alongside his accomplice, Onouwari Daniel and Ifeanyi Odimba, will remain in Kirikiri prison pending release of Directorate of Public Prosecution (DPP) advice.

    The defendants were arrested by the police last year over the offence and charged on a one-count offence before an Ikeja Magistrate Court on July 23, 2015 presided by Magistrate Bola Osunsanmi.

    Yesterday, Prosecuting Inspector Simeon Imhonwa told the magistrate that the police have filed an application before the court seeking for the remand of the defendants pending the release of Director of Public Prosecution (DPP) advice.

    Magistrate Osunsanmi adjourned the matter till October 24.