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Tag: Court

  • Court acquits man accused of killing father

    Court acquits man accused of killing father

    A man accused of killing his father have been discharged and acquitted.

    Sunday Nworu, 29 was accused of killing his father with a hoe and was arrested in 2009, charged to court and remanded in Abakaliki federal prisons.

    But delivering its ruling Thursday, the high court sitting in Onueke, Ezza South local government area of Ebonyi state said the prosecution counsel was unable to prove the case against the accused and therefore discharged and acquitted him.

    The judgement was delivered by the Justice Destina Oko.

    Speaking to reporters shortly after the judgment, counsel to the accused person and a member of the state Legal Aid Counsel, Bar Nathaniel Sunday Nwokpoku.

    “Sunday Nworu was discharged and acquitted in a murder trial. He was accused of killing his father with a hoe. He was arrested in 2009 by the police and arraigned before an Abakaliki Magistrate court and remanded in Abakaliki federal prisons.

    “We came in because we discovered that he hadn’t a lawyer and took up the matter because ours is to represent indigent persons who had no lawyers.

    “After adopting our addresses from our office, after the close of evidence and that of the prosecution counsel from the state Ministry of Justice was discharged and acquitted by court.

    “The court said he did not commit any offence of killing anybody or his father in this case and was discharged and acquitted. I feel elated because if we had not followed up this matter, the accused person would have been convicted and he has no money or lawyer to defend himself on the matter.

    “A careful examination of the case file gave us the temerity to come up and defend the guy after going through the evidence and we are happy that the court gave positive judgment on the case.”

     

  • Court rules on engineer’s bail motion Monday

    Court rules on engineer’s bail motion Monday

    Justice Adedayo Akintoye of the Lagos High Court will on June 27 hear an application for bail filed by an Exxon Mobil engineer, James Ikenna Onuoha, who is standing trial for allegedly defiling a 14-year-old girl.

    Last January 14, Chief Magistrate O. A. Ogunbowale of an Igbosere Magistrates’ Court granted Onuoha N2 million bail, with two sureties in the like sum, following his arraignment.

    He was charged with wilful indecent act, unlawful sexual intercourse, unlawful and indecent deals and having sexual intercourse with an underage girl.

    The case was transferred to the high court following advice by the Directorate of Public Prosecution (DPP).

    On June 21, Onuoha, 42, was arraigned at the High Court on a one-count of defilement contrary to Section 137 of the Criminal Law of Lagos State, 2011 filed against him by the state.

    He pleaded not guilty to the charge, following which his counsel, Mr. Mohammed Adamu, filed the bail application.

    The defendant is accused of committing the offence on Samuel Amoore Street at Idowu Estate in Oke Ira Nla, Ajah, Lagos last January 4.

    The victim is a niece of the defendant’s tenant.

  • Court strikes out Jonathan’s cousin’s suit against EFCC

    Court strikes out Jonathan’s cousin’s suit against EFCC

    A Lagos High Court in Igbosere yesterday struck out a motion filed by Azibaola Robert, a cousin of former President Goodluck Jonathan.

    The motion wanted the court to restrain the Economic and Financial Commission (EFCC) from arresting, detaining or investigating him.

    Justice Babatunde Candide-Johnson struck out the suit on grounds of lack of diligent prosecution.

    Azibaola had also filed a similar motion before Justice O.O. Goodluck of an Abuja High Court. It was also dismissed.

    It was thereafter that he filed two separate motions before Justice C.M.A. Olatoregun of the Federal High Court, Lagos and Justice Candide-Johnson.

    On June 9, Azibaola and his wife, Stella, were arraigned at the Abuja Division of the Federal High Court, on a seven-count criminal charge bordering on an alleged $40million contract scam.

    Trial Justice Nnamdi Dimgba gave the defendants bail in the sum of N500 million each, and two sureties in like sum.

    Before their arraignment, Azibaola, who was in detention at the EFCC, asked the Lagos Court for an order nullifying and setting aside the remand order obtained by the commission.

    He also asked for an order of perpetual injunction restraining the EFCC or any person whatsoever acting for/on behalf of the Commission from arresting or detaining him and demanded special damages in the sum of N200, 000,000 (Two Hundred Million Naira Only).

    According to the anti-graft agency, between 2012 and 2015, Colonel Sambo Dasuki allegedly awarded fictitious contracts to the tunes of N2.2 billion, $1.6 billion dollars and €9,905,477.00 respectively to Azibaola and his companies and proxies.

    Also the sums of $40 million and N650 million were said to have been traced to the bank account of Azibaola as monies paid by the former NSA.

  • Court dismisses ex-NIMASA chief’s forced statement claim

    Court dismisses ex-NIMASA chief’s forced statement claim

    The Federal High Court in Lagos yesterday dismissed the claim by former Nigerian Maritime Administration and Safety Agency (NIMASA) Executive Director, Maritime Safety and Shipping Development, Captain Ezekiel Agaba, that the Economic and Financial Crimes Commission (EFCC) forced him to make a statement against his will.
    Justice Ibrahim Buba, in a ruling on a trial-within-trial, held that statements by Agaba and his former aide Ekene Nwakuche were made voluntarily.
    Agaba had alleged that EFCC starved him for two days and threatened to further detain him if he refused to write what the operatives wanted. He claimed that his demand for his lawyer to be present was refused.
    Also testifying in the trial-within-trial yesterday, Nwakuche claimed he was never allowed access to his lawyer while making his statements at the EFCC.
    He alleged that an EFCC operative Orji Chukwuma tutored him on what to write.
    On whether his interrogation was video recorded, he said: “I was even asked to remove my shiny wrist band on suspicion that it was a recording device.”
    Under cross examination by the prosecution counsel Rotimi Oyedepo, Nwakuche admitted that he was cautioned before his statements were obtained, and that he did not make a formal complaint to EFCC chairman because he feared such as report would not “see the light of the day”.
    Justice Buba asked prosecution and defence counsel to address the court before he delivers his, but defence counsel Edoka Onyeke and Lanre Olayinka objected on the basis that they were not prepared.
    The judge refused their prayer for adjournment, noting that a trial-within-trial could be conducted in a day and ruling delivered same day.
    Oyedepo, in his address, said: “The second defendant admitted that his daughter was always allowed into the EFCC to bring him food and fruits; this is a clear departure from his evidence in chief.
    “I urge the court to hold that the evidence of PW 1 to 3 has clearly established that the statements of second and third accused were made voluntarily,” he said
    Ruling, Justice Buba held that the objections against the statements were an afterthought.
    He said: “By the provision of section 28 of the Evidence Act, the onus to show that a statement was taken voluntarily rests with the prosecution, and the defendant has no corresponding duty to show otherwise.
    “The second defendant admits that he was granted bail by the EFCC, and was coming to the commission from his home with his driver.
    “Where a defendant is on bail and chose not to come with his lawyer to make a statement, then he cannot complain.”
    He admitted the defendants’ statement as evidence and adjourned until June 30 for continuation of trial.

  • N8b fraud: Court fixes June 30 for ruling on bail application

    N8b fraud: Court fixes June 30 for ruling on bail application

    A Federal High Court sitting in Ibadan yesterday adjournedto June 30, for ruling on two separate applications seeking bail forworkers of Central Bank of Nigeria (CBN) and commercial banks facing trial over the alleged N8billion currency fraud.

    At the resumed hearing,  seven of the accused persons were present in the court.

    Theyinclude Kolawole Babalola, Olaniran Muniru Adeola, Togun Kayode Philips, Isaq Akano a.k.a Isiaka, Ayodele Festus Adeyemi, Oyebamiji Akeem , Ayodele Aleshe and Ajiwe Sunda Adegoke.

    The CBN had on November 3, 2014, lodged a petition to the Economic and Financial Crimes Commission (EFCC)inviting it to take over the investigation and prosecution of the cases involving the swapping of currency boxes containing mutilated naira notes meant for routine destruction at its Ibadan branch.

    The workers are facing 28-count, ranging from conspiracy, abuse of office, stealing, false declaration of actual amount, concealing of property and fraudulently acquiring assets in excess of their legitimate and provable income.

    The offence is punishable under section 7(2) of the Bank Employees etc(Declaration of Assets ) Act,CAP. B1, Laws of the Federal Republic, Nigeria 2004.

    Justice Abdul-Malik J.O. of Court 2, after listening to the counsel on bail applications, fixed June 30 and July 4, for ruling on the first set of case heard yesterday.

    The judge said hearing of the substantive case was adjourned to July 4.

    Mr. Ikenna Chukwuebuka Okolo from Olalekan Ojo Chambers,the counsel to the second and third accused persons – Olaniran Muniru Adeola and Togun Kayode Philip – in his motion and written addresses, drew the attention of the court to the poor health of the accused persons.

    He sought an order of the court directing the Controller of the Federal Prisons to allow the accused persons get medical attention elsewhere other than the prisons medical facilities.

    Okolo told the court that the health of the accused persons was very important to enable them defend themselves on the charges brought against them and urged the court to grant the application.

    The defence counsel, in an application dated May 11 and filed same day and supported by a 12-paragraph affidavit, urged the court to grant the third accused person bail pending the trial .

    Headded that because of the new circumstances arisen since the start of the case , the court should consider grant the application based on the discretion of the court.

    Opposing the application,  the prosecution counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Debiyi Adeniyi from Rotimi Jacobs Chambers, in a counter-motion, held that the cases against the accused were too weighty and that the offences have direct impact on the economy.

    He said the motion was brought in pursuant to section 118 (2) of the Criminal Procedure Act Section 18 of the Advanced Fee and other related Offences Act 2006, Section 162 of the Administration of Criminal Justice Jurisdiction of the court .

    He said the court could not rely on oral evidence , without actual medical certificate or doctor’s advice.

    The counsel added that none of such evidence was before the court to warrant the court to admit the accused to bail.

    After listening to both parties, Justice Abdul-Malik fixed June 30, for ruling whether to grant bail to the accused persons or not.

    She adjourned the substantive case to July 4, for hearing.

    The judge later rose for a 30-minute break.

    At the resumption for the second case , the Mr. Olusole Dare,counsel to 4th and 5th accused persons –  Isaq Akano a.k.a.Isiaka and Ayodele Festus Adeyemi – in his application for bail also told the court that he was reliably informed by the family member that the 4th accused person was critical ill at the intensive care of the University College Hospital ( UCH) , Ibadan.

    He urged the court to grant the accused bail due to his failing health to enable him seek medical treatment elsewhere.

    The 4th accused person was absent at yesterday’s proceeding .

    The prosecution counsel countered the bail application, saying that the accused had since been attending to his health and that the defence counsel should not exaggerate the situation .

    Intercepting, the judge said since the accused was not in court , it meant that the matter has been installed and that there was nothing one can do.

    With respect to the 5th accused person, the defence counsel was said to have suddenly fallen ill at the court premises, so the matter was equally stalled.

    The judge later adjourned ruling on the bail application in the second case to 4 July 4. September 26 and 28 were fixed for the hearing of substantive case by 11 am.

     

     

  • Presidency faults out-of-court press interviews on Buhari’s certificate

    The presidency has accused a private lawyer, Mr. Nnamdi Nwokocha, of attempts to prejudice public opinion against President Muhammadu Buhari over his alleged lack of certificate by declaring the President guilty on the pages of newspapers.

    Reacting to Nwokocha’s press interviews, the Senior Special Assistant on Media and Publicity, Malam Garba Shehu, said it was unfair for a lawyer who is a litigant to a case in court to go out of his way to hijack the power of a Judge by declaring the President guilty of what he is accused of.

    He pointed out that newspaper pages are not alternative courts where a lawyer can declare anybody guilty of anything when the court has not formally given a definitive judgment on an issue before it.
    “The two-pages interview splashed on pages 56-57 of ThisDay edition of Saturday June 11th breaches a lawyer’s ethical code and we hope that the court and the Bar Association will take notice of this,” he said.

    According to him, any lawyer that sincerely believes in judicial process and the rights of other parties to a case would not have engaged in the inappropriate and unprofessional practice of trial by media, especially a situation where Nwokocha openly declared the President guilty when the court didn’t make that declaration.

    He noted that gag orders emerged in the United States on account of lawyers’ inappropriate conduct on trying and convicting people on the pages of newspapers or the court of public opinion.

    The Presidential Media Aide said free speech is not synonymous with recklessness and wanton abuse of the rights of other parties to a case in court.

    “The litigant’s unabashed claim that he was a card-carrying member of the opposition PDP which lost power in the last election clearly indicates a scheme that seeks power by circumventing the democratic process of elections,” he said.

    He said if Nwokocha fails to stop his unfair and professionally inappropriate abuse of free speech, the President’s competent team of lawyers will seek the instrumentality of the law in dealing with his unethical actions.

    He said that no one should be a litigant and be a Judge at the same time.

  • Court dissolves Ado-Ekiti pastor’s 13 – year- old marriage

    Court dissolves Ado-Ekiti pastor’s 13 – year- old marriage

    The 13-year-old mar-riage between an Ado Ekiti-based pastor, Tope Fajuyagbe, and his wife, Abosede, has been dissolved by a Customary Court over her alleged refusal to join him in his ministry.

    Court President, Mr. Joseph Ogunsemi, while delivering his judgment, held that the marriage has broken down irretrievably between the couple.

    Fajuyagbe who dragged his wife to court accused her of frequent fighting, refusal to join his ministration, not giving him rest of mind, as well as lack of respect for his family.

    The 54 years, old pastor  who resides in Olorunda Zone, Ado-Ekiti, told the court that, they always fight because she did not allow his children from his first wife to live with him.

    But the respondent, Bosede, 48, a resident of Olorunda central zone, Ado-Ekiti, said that they built a three -bedroom flat and they moved into the house. She said when they moved to their house, they bought a car for N300,000, he paid N100,000 and she paid N200,000.She said she left the house for him because she has built another house.

    The defendant said that the pastor wanted to divorce her because she could not bear him a child. She therefore urged the court to order that the car should be sold and they should share the money. Court president Ogunsemi observed that, the marriage had broken down irretrievably and consequently dissolved the marriage. Ogunsemi ruled that the car should be sold and two quarters of the money should be given to the wife, while one quarter should be given to the husband.

     

  • … as court refuses to stop party’s ex-National Secretary’s arrest

    … as court refuses to stop party’s ex-National Secretary’s arrest

    A Federal High Court in Abuja has rejected prayer by the immediate past National Secretary of the Peoples Democratic Party (PDP), Professor Wale Oladipo to stop his planned arrest over alleged involvement in unlawful disbursement of public funds.

    Justice John Tsoho, in a judgement yesterday, threw out Oladipo’s fundamental rights enforcement suit on the ground that he failed substantially to substantiate his claim of threats by the respondents to infringe on his rights.

    The judge said Oladipo’s reliefs in the suit are not “grantable.”

    Listed as respondents are the Attorney General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), the Inspector General of Police (IGP) and Department of State Services (DSS).

    Oladipo had in his supporting affidavit filed with the suit in February this year alleged essentially about alleged intimidation, harassment, prosecution or threat thereof by the respondents.

    The ex-PDP National Secretary, in the suit marked FHC/ABJ/CS/89/2016, expressed strong fears the alleged threats was based supposedly on his political leaning. To substantiate his claim, he referred to a text message he allegedly received on his telephone on February 1, 2016 supposedly from an operative of the EFCC, Adebayo Olatunji, inviting him for investigation by the Asset Tracing Unit of the commission.

    As part of efforts to prevent arrest and detention, Oladipo informed the court that he has written to the Vice President (VP), Yemi Osinbajo (SAN), to be allowed to refund the N75 million he received as PDP campaign funds.

    The respondents, who objected to the suit, also faulted Oladipo’s letter to the VP, arguing that his mere writing the VP cannot shield him from investigation and prosecution in relation to his criminal conduct.

    “Assuming without conceding that Exhibit 1 (the letter) exists, it is our further contention that the said exhibit cannot come to the aid of the applicant because a letter written to the Vice President to return a whooping sum of N75m cannot act as shield from investigation and possible prosecution. Rather, it is suggestive of corrupt practices requiring investigation,” ICPC said in its objection to the suit.

    In his judgment yesterday, Justice Tsoho said Oladipo’s failure to establish that the text message was really from any of the respondents and refute EFCC’s denial that it has a staff bearing Adebayo Olatunji, weakened his case.

    “”The law is settled that evidence that directly affect the matter in controversy that is neitherattacked or successfully discredited, is deemed as credible evidence that can be relied upon by the court.

    “It is therefore my humble view that the applicant’s failure to discredit the 2nd respondent’s (EFCC) disclaimer of the text, on which his case is built, weakens his case.

    “There is no credible evidence to justify applicant’s assertions in his affidavit depositions,” the judge said.

  • Court rules on accountant’s ‘no-case submission ‘ July 13

    Court rules on accountant’s ‘no-case submission ‘ July 13

    Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja will on July 13 rule on the no-case submission made by a foremost accountant, Otunba Olusola Adekanola, in a two-count charge of fraud preferred against him by the Economic and Financial Crimes Commission ( EFCC).

    In May 2013,the EFCC  arraigned him for allegedly “fraudulently disposing of trust property” and “disobeying, the EFCC  lawful order” by selling NECOM house, Lagos without any authority.

    The charge reads: ‘’That you “Otunba Olusola Adekanola between March 2007 and April 2008 at Lagos within Ikeja judicial Division,  converted NECOM House Lagos entrusted to you as a Liquidator without authority by selling it to West African Aluminum Product Plc at the price of N4 billion, being fully aware that there was a presidential directive not to sell NECOM House.” Adekanola pleaded not guilty.

    His lawyer Malam Yusuf Ali (SAN) said his client filed a no-case submission against the two-count charge of fraud preferred  against the defendant by the commission after the prosecution concluded his case.

    The defendant opted for a no case submission, rather than entering the box for his defence .

    The defendant in his application prayed  the court to discharge and acquit him on the ground that the prosecution has not established a prima facie case against him, and that all elements of offences against him were not proved by the prosecution as required by law.

    Opposing the application, the prosecution, Mrs.Chioma Onuegbu said there is in  a prima facie case against the defendant and prayed the court to order him to open his defence.

    According to her, there is evidence to prove essential elements of the offences.

  • Court sacks Enugu Rep

    •INEC to issue Certificate of Return to Ozomgbachi

    Federal High Court in Abuja has nullified the election of Dennis Amadi, representing Udi/Ezeagu Federal Constituency of Enugu State in the House of Representatives.

    In a judgment on Friday, Justice Okon Abang held that Amadi was not the valid candidate of the Peoples Democratic Party (PDP) for the 2015 election because he was not elected through a credible primary.

    The judgment was on a pre-election suit filed before last year’s general elections by Ogbuefi Ozomgbachi. The suit had Amadi, PDP and the Independent National Electoral Commission (INEC) as the first, second and third defendants.

    Justice Abang held that the purported primary election of the PDP, from which Amadi emerged, was “illegal, null and void” because it was held in violation of the party’s guidelines.

    The judge further held that the party’s primary on December 6, 2014, was valid.

    He pronounced Ozomgbachi the winner of the primary.

    Justice Abang ordered INEC to immediately withdraw the Certificate of Return issued to Amadi and issue a valid Certificate of Return to Ozomgbachi for him to assume the position as the representative of Ude/Ezeagu Federal Constituency of Enugu State.

    The judge ordered Amadi to vacate his seat with immediate effect and refund his earnings while he occupied the seat “illegally”.

    Justice Abang said: “After a careful reading of the submissions of counsel in the suit, I note that the election of the plaintiff was conducted at the designated venue for the Udi/Ezeagu Federal Constituency of Enugu State.

    “The plaintiff has shown that the duly appointed electoral officers were present and declared him winner.

    “I find merit in his request to uphold his election and, therefore, hold that he be declared the authentic winner of the primariy held on December 6, 2014, having duly satisfied the party’s guidelines for elections in 2014.

    “Dennis Amadi, who is the first defendant in this suit, shall also return all the money collected by way of salaries, allowances or whatsoever since when he took the seat.”

    The judge awarded N100,000 cost against Amadi.