The Nation Newspaper

Tag: Court

  • Anambra poll: Court okays contempt proceedings against INEC chair, Yakubu

    •Form 48, other court papers to be served on commission’s chief

    A Federal High Court in Abuja has given Ejike Oguebego and Chuks Okoye, the Chairman and Legal Adviser of Anambra State chapter of the Peoples Democratic Party (PDP), the green light to begin contempt proceedings against the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu.

    Oguebego and Okoye, who are suing for themselves and on behalf of other members of the Executive Committee of the PDP in Anambra State, are accusing Prof Yakubu of refusing to obey the December 5, 2015 judgment of the Federal High Court in Abuja, delivered by Justice Evoh Chukwu.

    Justice Chukwu, in the fifth order contained in the judgement, restrained INEC, its agents, among others, “from accepting or receiving any delegates’ list or nominated candidates that may emerge from the congresses or primaries conducted by the caretaker committee set up by the first defendant (PDP) for the Anambra PDP, except those that emanate from the plaintiffs”.

    Bothered by INEC’s alleged refusal to comply with the judgment, particularly the Fifth order, Oguebego and Okoye initiated contempt proceedings against the INEC chairman before the Federal High Court, Abuja.

    Last Friday (May 20), Justice John Tsoho (also of the Federal High Court, Abuja) granted an order ex-parte for substituted service of processes in relation to the contempt proceedings, including Form 48, on Prof Yakubu.

    For service on the INEC chairman, Justice Tsoho directed the plaintiffs to serve the court processes, including Form 48 on “an adult person, staff or official at the Legal Department of INEC at 436 Zambezi Crescent, Maitama, Abuja, being the usual place of business of the second respondent (Yakubu)”.

    On INEC, the judge ordered the services of all processes, including Form 46, “by delivering or leaving same at the Legal Department of INEC, the commission, having refused to accept service of same from the bailiffs of this honourable court”.

    The Form 48 issued by the court’s Registrar on March 31 is a notice of consequences of disobedience to order of court.

    It states: “Take notice that unless you obey the directions contained in the order of the honourable court, attached to this Form (in particular, the Fifth order, restraining you from acting on any list of nominated candidates for the PDP in Anambra State in respect of Legislative seats for the 2015 general election, except those that emanated from the plaintiffs), you will be guilty of contempt of court, and you will be liable to be committed to prison.

    “Take further notice that if the INEC continues to disobey this order, you, Prof Yakubu, the Chairman of INEC, will be held liable for contempt of court and liable to imprisonment.”

    Justice Tsoho adjourned further proceedings till May 27.

  • Court remands labourer for alleged murder

    A 28- year- old labourer, Onuoha Alex, has been ordered to be remanded in prison custody by an Ebute Meta Chief Magistrate’s Court for allegedly killing one Elvis Chukwuebuka Megwa, 19.

    Onuoha, a native of Abia State was said to have allegedly conspired with two others now at large to kill Elvis by stabbing him to death with broken bottles.

    It was reported that the defendant with two of his friends now at a large, sexually harassed Elvis’ 16 -year- old sister, Amanda at about 9:45pm while running an errand.

    Amanda was said to have reported the incident to her twin brothers Elvis and others (name withheld) leading to a confrontation with Onuoha.

    Onuoha was said to have stabbed Elvis during the argument, while others sustained injuries.

    Elvis allegedly died on the spot, while his brother is still receiving treatment in a hospital.

     The defendant was arrested and arraigned in court  for murder.

    His plea was not taken. The charge filed according to the investigative police officer, Inspector Alex  Oloja reads: “That you ,Onuoha Alex ‘m’ on the 18th day of April , 2016 at about 2115hrs ,at No 5 , Olalekan Street , off Liasu Road, Ikotun, in the Lagos magisterial district , did kill one Elvis Chukwuebuka Megwa ‘m’ age 19 years by stabbing him with a broken bottle on his neck and thereby committed an offence punishable under Section 221 of the Criminal Law of Lagos State of Nigeria 2011.”

    The police prosecutor, Sergeant Maria Dauda applied that the defendant be remanded in prison custody pending legal advice from Director of Public Prosecution (DPP).

    The presiding magistrate, Miss K.A Ariyo granted the prosecutor’s application and ordered the defendant to be remanded in prison custody pending legal advice from DPP office.

    The case was adjourned to June 27, 2016

  • ‎Biafra: Kanu, two associates to remain in detention – A/Court

    ‎Biafra: Kanu, two associates to remain in detention – A/Court

    The Court of Appeal, Abuja, on Wednesday  approved the continued detention of the leader of the Indigenous People of Biafria (IPOB), Nnamdi Kanu and two of his associates – David Nwawusi and Benjamin Madubugwu.

    A three-man bench of the appellate court, led by Justice Abdul Aboki, upheld the January 29 ruling of Justice John Tsoho of the Federal High Court, Abuja, refusing the appellants’ bail.

    The News Agency of Nigeria (NAN) reports that Kanu and his associates are being tried on charges of treasonable felony, conspiracy and illegal arms possession.

    The applicants had jointly approached the appellate court to challenge the January 29 ruling  which denied them bail.

    Justice Aboki held that the grievous nature of the charges and dual citizenship status of Kanu influenced the court’s decision.

    “We have digested the processes brought before us to decide this matter and having painstakingly assessed the two extreme submissions by parties, the court is inclined to upholding the decision of the trial court.

    “Our decision hinges on the grievous nature of the charges brought against the applicants.

    “It is even more challenging to grant Nnamdi Kanu’s prayer in the circumstance due to his dual citizenship status.

    “As we have seen from the documentary evidence before us, Kanu holds both Nigerian and British citizenship passports narrowing the possibility of his standing justice if granted bail,’’ Aboki said.

    He added, “In the light of the above, the appeal against the January 29 decision of the Federal High Court, Abuja, by the applicants is hereby dismissed.’’

     

     

     

     

  • Court discharges 32 suspected Mile 12 rioters

    Court discharges 32 suspected Mile 12 rioters

    AN Ikeja Chief Magistrates yesterday struck out the charges preferred against 32 of the 177 persons for the March 3 Mile 12 market riot.

    Chief Magistrate Bola Osunsanmi freed 28 of the defendants, who were advised not to engage in such riots again; four others were sent to the Oregun correctional home because they are under aged. The court’s decision followed the advice of the Directorate of Public Prosecution (DPP).

    Sent to the correctional home are Biliaminu Dauda, 15, Abeeb Ibrahim, 16, Sanusi Mohammed, 17 and Rufai Ibrahim, 15.

    The teenagers appeared in court yesterday wearing the sky blue shirt and royal blue coloured shorts of the correctional centre.

    But, the fate of the remaining 145 others is not clear. They were arraigned before Magistrate Y. O. Aje-Afunwa and Magistrate A. O. Layinka by the police on March 8 before the matter was taken over by the state.

    Their matter will come up on Friday.

    They were arraigned in the three courts on a two-count charge offence.

    In the first count, the defendants with others at large, were alleged to have conspired “to commit felony to wit: riot and thereby committed an offence punishable under Section 409 of the Criminal Law of Lagos State of Nigeria, 2011”.

    According to the second count, the defendants and others at large were accused of “unlawful assembly and acting in a disorderly manner to disturb the public peace and thereby committed an offence punishable under Section 45 of the Criminal Law of Lagos State of Nigeria, 2011”.

    At the resumed hearing of the matter yesterday before Chief Magistrate Osunsanmi, a state counsel, Tutu Oshinusi said the DPP had advised against the continuation of trial of the 32 defendants.

    Prosecuting Inspector Simeon Imhonwa did not object to the advice, which said no prima facie case had been established against the 32.

    Ruling, Chief Magistrate Osunsanmi said: You are hereby discharged of the two-count charge brought against you. The charges are hereby struck out based on the advice of the DPP.”

    The freed are Haruna Abdulahi 30, Umaru Bala 18, Saheed Tahir Abdulahi 20, Musa Isa 22, Farouq Adamu 22, Aminu Abubakar 22, Sanni Amadu 24, Amoo Mustapha 42, Danjuma Adamson 30, America Umaru Saidu 21, Awolu Alli 30, Monday Obasi 37, Aminu Abubakar 19, Abdulquddus Olalekan Ajuwon 19, Tunde Nureni 24, Abdulahi Umoru 20, Musa Usman 35, Abdulahi Aliyu 35, Aminu Saidi Ibrahim 19, Sunday Idoko 48, Hassan Adam 39, Yahaya Sheu Malami 23, Rabiu Hamza 19, Nura Yahu 19, Rayyanu Lawal 34, Abubakar Tasu 28, Sunday Lawal 15 and Sani Ahasy 15.

  • Court faults Metuh’s medical report

    Court faults Metuh’s medical report

    Justice Okon Abang of the Federal High Court, Abuja yesterday picked hole in a medical report submitted to his court by Peoples Democratic Party (PDP) spokesman, Olisa Metuh.

    Metuh had submitted the report issued by one Dr. O. O. Oyeleye, a Consultant Neurosurgeon at the National Hospital, Abuja, to support his application for adjournment on health ground.

    The medical report contained information to the effect that Metuh, who was absent in court yesterday, required admission in the hospital for bed rest.

    The judge faulted the report on the ground that it did not state the duration of Metuh’s bed rest.

    Metuh and his company, Destra Investment Limited, are being tried before the court  for alleged unlawful receipt of N400m from the office of the National Security Adviser (NSA) and money laundering.

    Metuh’s fifth witness, Richard Ihediwa was to continue his testimony yesterday. But, when the case was called, lawyer to the PDP spokesman, Onyechi Ikpeazu (SAN) said his client was absent on the ground that he had been restricted to the hospital on bed rest.

    He sought an adjournment and tendered the report by Dr. Oyeleye to support his claim about the health state of his client.

    Ikpeazu argued that the situation envisaged in Section 352(4) of the Administration of Criminal Justice Act 2015, in which the judge is allowed to proceed with a criminal trial without the defendant present in court, has not arisen.

    Lawyer to Metuh’s company, Tochukwu Nwugbufor (SAN) supported Ikpeazu’s application for adjournment. He said,  in view of the provisions of Section 352(4) of the ACJA, the court should not proceed in the absence of the first defendant, Metuh.

    Prosecution lawyer Sylvanus Tahir also did not oppose Ikpeazu’s request for adjournment.

    The judge adjourned till May 30  for the continuation of the evidence-in-chief of the fifth defence witness.

    The judge also indicated his intention to deliver ruling today on Metuh’s motion for the release of his international passport to enable him travel abroad for medical reasons.

  • Mile 12 riot: Court strikes out charges against 32 suspects

    Mile 12 riot: Court strikes out charges against 32 suspects

     

     

    A Chief Magistrate Court sitting in Ikeja Tuesday  struck out the charges preferred against 32 out of 177 suspects charged to court over the March 3, 2016 Mile 12 market riot in Kosofe local government area of Lagos state.

    The court presided by Chief Magistrate Bola Osunsanmi sets free 28 of the suspects who were advised not engage in such riots again while four were sent to correctional home at Oregun because they are underaged based on the advise of the Directorate of Public Prosecution (DPP).

    The teenagers sent to correctional home are Bilaminu Dauda 15, Abeeb Ibrahim 16, Sanusi Mohammed 17 and Rufai Ibrahim 15.

    The four tenagers appeared in court Tuesday wearing the sky blue shirt and royal blue coloured shorts of the correctional centre.

    However, it is not yet clear what would be the fate of the remaining 145 suspects who were arraigned in two other magistrate courts presided by Magistrate (Mrs) Y.O. Aje-Afunwa and Mrs. A.O. Layinka by the Police  March 8 before the matter was taken over by Lagos State government.

    Their matter will come up on the adjourned date of May 27, 2016 in the two courts.

    All the suspects were arraigned in the three courts on a two count charge offence.

    In the first count, the defendants with others at large, were alleged to have conspired amongst themselves “to commit felony to wit: riot and thereby committed offence punishable under section 409 of the Criminal Law of Lagos State of Nigeria, 2011”.

    According to the second count, ‎the defendants and others at large were accused of “unlawful assembly and acting in a disorderly manner to disturb the public peace and thereby committed an offence punishable under Section 45 of the Criminal Law of Lagos State of Nigeria, 2011”.

    At the resumed hearing of the matter yesterday before Chief Magistrate Osunsanya, a state counsel, Ms Tutu Oshinusi informed the court that the DPP advice was ready.

    She said the DPP advice against continuation of trial of the suspects.

    Police prosecutor, Inspector Simeon did not raise any objection to the advice which said no prima facie case could be established against the defendants.

    Chief magistrate Osunsanmi, ruling on the matter, struck out the two count charge preferred againt the suspects.

    “You are hereby discharged of the two count charge brought against you. The charges are hereby struck out “based on the advice of the DPP,” she said.

    Those who regained their freedom are  Haruna Abdulahi 30, Umaru Bala 18, Saheed Tahir Abdulahi 20, Musa Isa 22, Farouq Abdamu 22, Aminu Abubakar 22, Sanni Amadu 24.

    Others are Amoo Mustapha 42, Danjuma Adamson 30, America Umaru Saidu 21, Awolu Alli 30, Monday Obasi 37, Aminu Abubakar 19, Abdulquddus Olalekan Ajuwon 19, Tunde Nureni 24, Abdulahi Umoru 20, Musa Usman 35, Abdulahi Aliyu 35.

    They also include Aminu Saidi Ibrahim 19, Sunday Idoko 48, Hassan Adam 39, Yahaya sheu Malami 23, Rabiu Hamza 19, Nura Yahu 19, Rayyanu Lawal 34, Abdurama Mohammed 40, Abubakar Tasu 28, Sunday Lawal 15 and Sani Ahasy 15.‎

  • Court dismisses bid to stop N630m ‘fraud’ trial

    Court dismisses bid to stop N630m ‘fraud’ trial

    A Lagos State High Court in Igbosere yesterday dismissed an application by two Benineses, challenging the court’s jurisdiction to hear a N630million fraud charge against them by the Economic and Financial Crimes Commission (EFCC).

    Justice Oluwatoyin Taiwo found no merit in the prayers of Gnanhoe Sourou Nazaire and Senou Modeste Finagnon, filed through their lawyer, Rickey Tarfa (SAN).

    The defendants are standing trial for allegedly defrauding Rachidatou Abdou and her company, Rana Prestige Manufacturers Industries Nigeria Limited of N630 million.

    At their arraignment on February 17, they denied the seven counts of forgery, stealing and conversion of funds and applied that that the charge be quashed on the grounds that the court lacks jurisdiction to hear the matter.

    The defendants also alleged, among others, that the charge was incompetent and that the EFCC was prosecuting them without any valid petition.

    But, dismissing the application, Justice Taiwo upheld the contention of prosecuting counsel Rotimi Oyedepo that the Commission received a valid petition from the complainant alleging conspiracy and stealing against the defendants.

    It held that Lagos High Court has jurisdiction to hear the matter and that the charge did not fall under the Companies and Allied Matters Act.

    “I believe the High Court is endowed with jurisdiction to enter the matter,” the court held.

    It added:  “The stealing of company funds falls within the jurisdiction of the EFCC.

    “The combined effect of Sections 6(b) and 46 of the EFCC Act gives it power to entertain the petition written against the defendants.”

    On if the charge is an abuse of court process, the court held: “The fact that the defendants have been arraigned before a sister court does not make the present case abuse of court process.

    “However, it would have been better and tidier for the two cases to be before a single judge instead of lawyers shuttling from one court to another.”

    The matter has been adjourned till June 27 for trial.

    Oyedepo filed an 11-paragraph counter affidavit, asking the court to assume jurisdiction and hear the matter.

    One of the counts  reads: “You Gnanhoue Sourou Nazaire and Senou Modeste Finagnon between January 5 and December 31, 2012 in Lagos within the jurisdiction of this honourable court, with a dishonest intent converted to your own use the sum of N141,460,915 property of Rana Prestige Manufacturers Industries Nigeria Limited and thereby committed an offence contrary to Section 285(1) of the Criminal Code Law of Lagos State.”

  • Alleged N32b fraud: Judge permits Dasuki access to lawyers in court

    Alleged N32b fraud: Judge permits Dasuki access to lawyers in court

    JUSTICE Hussein Baba Yusuf of the High Court of the Federal Capital Territory (FCT) has ordered the prosecution to allow ex-National Security Adviser (NSA) Sambo Dasuki access to his lawyers within the court’s premises.

    Justice Yusuf gave the order yesterday following complaint by Dasuki that he was denied unfettered access to his lawyers and could not properly brief them.

    Dasuki and four others are being prosecuted before the court on a 19-count in which they were among others, accused of diverting about N32 billion meant for arms procurement.

    Those charged with Dasuki are a former Director of Finance and Administration in the office of NSA,  Shuaibu Salisu, a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa and two of his companies – Acacia Holdings Limited and Reliance Referral Hospital Limited.

    The judge, on May 3, fixed May 23 for commencement of trial.

    But yesterday, the scheduled trial was stalled owing to complaint by Dasuki’s lawyer, Adeola Adedipe, that his client was not allowed access to his lawyers as ordered by the court.

    He noted that the court had on April 6, directed the prosecution to allow Dasuki access to his lawyers and provide him with sufficient materials to enable him prepare for his defence.

    Adedipe stated that despite the court’s directive, the prosecution refused to allow Dasuki meet with his lawyers for the purpose of preparing for his defence.

    He urged the court to adjourn indefinitely pending when the prosecution complied with the court’s order.

    Other defence lawyers, including Akin Olujinmi (SAN), Solomon Umoh (SAN) and Abiodun Layonu (SAN) agreed with Adedipe on the need for an adjournment.

    Layonu noted that there appeared to be a misunderstanding between the prosecution and lawyers to Dasuki on the interpretation of the court’s order of April 6.

    He urged the court to specify how the prosecution should be allowed to meet with his lawyer and the venue.

    Although prosecution lawyer, Rotimi Jacobs (SAN) attempted to justify his client’s delay in complying with the court’ order, Justice Yusuf ordered the prosecution to allow Dasuki see his lawyers within the court’s premises.

    The judge directed that Dasuki should be brought to court every day, from Monday (yesterday) to Friday, to enable him meet with his team of lawyers.

    He adjourned to June 6 for commencement of trial.

    Dasuki’s lawyers were seen working to meet with him yesterday shortly after the court rose.

     

     

  • Court hears suit against Ogun lawmaker June 6

    Some members of the Remo North state constituency in Ogun State have sued a House of Assembly member, Adebiyi Adeleye at the Federal High Court in Abeokuta, for allegedly presenting a forged certificate to the Independent National Electoral Commission (INEC) ahead of last April 11 election.

    Wasiu Gbadebo and Onamuyiwa Olumuyiwa filed the suit for themselves and on behalf of “concerned members” of the constituency. INEC is the first defendant.

    The plaintiffs, through their lawyer Chief Mike Ozekhome (SAN), is praying the court to determine whether Adeleye, by virtue of Section 107(1)(i) and 109(1) (b) of the 1999 Constitution and Section 118(1)(k) of the Electoral Act, 2010, is a fit and proper person to represent Remo North Constituency.

    They urged the court to hold that the lawmaker allegedly presented a false School Leaving Certificate to INEC as contained in Form CF- 001 (Personal Particulars of Candidate).

    They said he also gave false information to INEC on oath by swearing that he was born on July 16, 1974, contrary to his true date of birth, which is December 17, 1974.

    The plaintiffs also accused him of presenting a questionable Ordinary National Diploma (OND) in Fisheries Technology as an Arts student, with only one credit in his West African Examination Council (WAEC) result.

    This, they said, fell short of the requirements into a science oriented school such as Federal College of Freshwater Fisheries Technology, New Bussa, Niger State, and is contrary to Section 107(1) of the Constitution and other extant laws.

    They prayed the court to determine whether, by virtue of the overwhelming evidence against the second defendant, the court can make an order declaring his seat vacant and a fresh election conducted by INEC.

    It was learnt that Adeleye is yet to respond to the suit filed on April 12

    The case was adjourned till June 6.

     

  • Court orders Okonjo-Iweala, Fed Govt to account for ‘missing N30tr’

    Court orders Okonjo-Iweala, Fed Govt to account for ‘missing N30tr’

    A Federal High Court sitting in Lagos  has ordered former Minister of Finance Dr. Ngozi Okonjo-Iweala and the Federal Government to provide information on how  N30 trillion was spent.

    The cash represents some accruable income to the Federal Government during the last four years of the administration of former President Goodluck Jonathan.

    Justice Ibrahim Buba gave the order while delivering judgment in a Freedom of Information suit brought by Socio-Economic Rights and Accountability Project (SERAP) against the defendants.

    SERAP’s suit followed revelations by a former Central Bank of Nigeria (CBN) Governor, Prof. Charles Soludo, that at least N30 trillion “has either been stolen or unaccounted for, or grossly mismanaged over the last few years under the Coordinating Minister of the Economy and Minister of Finance Dr. Ngozi Okonjo-Iweala’s watch”.

    A statement issued yesterday by SERAP’s Deputy Director, Olukayode Majekodunmi, stated that while delivering judgment in the matter, Justice Buba said: “Mrs. Okonjo-Iweala and the Federal Government have no legally justifiable reason for refusing to provide SERAP with the information requested for.

    “The court has gone through the application and agrees that SERAP’s application has merits and the argument is not opposed. SERAP’s application is granted as prayed.”

    He agreed with the arguments by the SERAP deputy director that Mrs. Okonjo-Iweala and the Federal Government “should have either supplied the information requested by SERAP or communicate her denial within seven days of receipt of the letter from SERAP if she considers that the request should be denied”.

    The judgment by Justice Buba added that “preliminary objection by Mrs. Okonjo-Iweala and the Federal Government is misconceived; the court upholds the arguments by SERAP for the reasons stated herein”.

    SERAP commenced the proceeding by way of an originating summons dated February 23, 2015 and filed February 25, 2015.

    The respondents filed a Memorandum of Conditional Appearance, a Notice of Preliminary Objection and written address – all undated but filed on September 29, 2015.

    The preliminary objection was filed on the following grounds that SERAP did not obtain the mandatory leave of the Federal High Court to issue and serve the originating summons and other processes outside Lagos State; that there is no mandatory endorsement on the originating summons that it is to be served on Mrs. Okonjo-Iweala and the Federal Government in Abuja and outside jurisdiction of this court.

    The judge said: “The only issue for determination is whether Mrs. Okonjo-Iweala and the Federal Government should be heard on their preliminary objection considering the totality of the circumstances of this case.

    “The suit filed on February 25, 2015 was served on Mrs. Okonjo-Iweala and the Federal Government on July 3, 2015 and took about three months for the respondents to come up with technical response to the simple request for information under the Freedom of Information Act 2011.”

    Justice Buba further noted:  “Mrs. Okonjo-Iweala and the Federal Government have therefore been caught by Order 29 of the Rules of this court, which requires that an application shall be made within 21 days after service on the defendants of the originating summons.”