The Nation Newspaper

Tag: Court

  • Court jails septuagenarian for raping minors

    Court jails septuagenarian for raping minors

    An Osun High Court in llesha has sentenced a septuagenarian, Moses Adeniyi, to seven years imprisonment for raping minors.

    Adeniyi, a Chief in Ilesha, with the chieftaincy title, Loja Araromi Otokobo, was accused of raping two girls who were 13 and 14 years, respectively in his hotel in the town.

    Adeniyi, who was first arraigned on March 28, 2011, pleaded not guilty to the charge.

    The Judge, Justice Kudirat Akano, in her judgment, said the prosecuting counsel had proved his case beyond reasonable doubt.

    Akano said the convict was guilty of the charge and consequently sentenced him to seven years imprisonment.

    The Prosecutor, Mr Tijani Adekilekun, said the offence of rape contravened Sections 358 and 360 of the Criminal Code Cap 34 vol.11 Laws of Osun State.

    Adekilekun said that the convict raped the minors in his hotel in Ilesa in May 2010 after giving them on their way from school.

    “The minor accepted the offer because one of the girls’ parents was once a neigbhour to the convict.

    “But rather the convict dropping the girls at their homes, he took them to his hotel, Prince Way Hotel, Ilesha.

    “He ushered the girls into one of the rooms in the hotel and told them not to shout, warning them that if they do, they will die.

    “The convict thereafter raped the minors in turns after which he wiped their vagina with a white handkerchief and warned them not to tell anyone otherwise they will die,’’ Adekilekun told the court.

    He further told the court that the secret became opened when one of the girls’ mothers was informed by another student that a man gave the two girls a ride on their way home from school the previous day.

    Adekilekun said the woman then went to the school to inquire from the teachers.

    “The girls were afraid to reveal the identity of their rapist because they were told they will die if they told anyone.

    “It was after much assurance that the girls will not die before they narrated the whole story to their parents.’’

    The defence counsel, Mr. Sokoya Ayodeji, said he would appeal against the judgment.

     

  • Man arraigned for reckless driving

    A 24-year-old man identified as James Eferetin, has been arraigned before an Evbouriaria Magistrates Court for recklessly driving on a Federal Highway.

    James was accused of driving one Nissan Vannette bus marked WWR 732 XA in a manner dangerous to the public.

    He pleaded not guilty to the one count charge preferred against him.

    Police Prosecutor, Sergeant Olatoye Oluwaseun, said the accused committed the offence on March 11, at about 11:00am, along Egun villiage, off Benin/Warri express way in Benin.

    He said the offence contravened section 6 (1) of the Federal Highway Act cap F13 Vol.6 laws of the defunct Bendel State of Nigeria 2004.

    Presiding Magistrates, Mrs C.E Oghuma, granted the accused bail in the sum of N80, 000 and surety in like sum who must be a residence within the Court jurisdiction.

    Oghuma adjourned the case till May 11, for hearing.

  • Court dissolves 33-year-old marriage

    LAGOS Customary Court yesterday dissolved the 33-year-old marriage of Mr Emmanuel Osuya, who claimed that he could no longer withstand his wife’s beatings.

    “My wife wants to kill me, she beats me almost every day with dangerous weapons. On three occasions, she broke my leg, preventing me from going out for days.

    “Due to her frequent beating, I got paralysed in 2012 and that made the beating unabated,” Osuya, 58, told the court.

    An Igando Customary Court in Lagos dissolved the marriage, with its president, Mr Adegboyega Omilola, saying he was convinced that the couple could no longer live together.

    “The court has no choice than to dissolve the union in spite of the fact that the wife still claims she loves her husband.

    Osuya, a retired civil servant, had approached the court to dissolve his 33-year-old marriage over alleged battering by his wife, Abigael.

    Osuya said Abigail, with whom he had five children, was always threatening his life through battering, adding that he was afraid she might kill him one day.

    The respondent begged the court not to grant her husband’s prayer because she is still in love with him.

  • Again, court refuses to stop Dasuki’s trial

    Again, court refuses to stop Dasuki’s trial

    For the third time, former National Security Adviser (NSA), Mohammed Sambo Dasuki lost Tuesday in a bid to stop his trial.

    Dasuki is involved in three different charges before three courts.

    He is charged with some others in alleged money laundering charges before Justices Hussein Baba Yusuf and Peter Affen of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja.

    He is charged alone before Justice Adeniyi Ademola of the Federal High Court on charges of illegal possession of firearms and money laundering.

    In separate rulings earlier this year, Justice Baba-Yusuf and Affen dismissed application by Dasuki seeking to be discharged of the charges against him.

    He also sought to restrain the Federal Government from further prosecuting him in any court in Nigeria on the ground that the Fed Govt allegedly flouted orders of the court, admitting him to bail.

    Ruling on a similar application this morning, Justice Ademola held that the reliefs sought by Dasuki were “not grantable.”

    The judge was of the opinion that the nation’s laws have made adequate provision for redress where contempt of court is alleged.

    Relying on the provision of Section 306 of the Administration of Criminal Justice Act (ACJA) 2015, the judge also refused Dasuki’s prayer for stay of further proceedings in the case.

    He dismissed the application, thereby making it the third time a court will be rejecting Dasuki’s move to stop his trial.

     

     

     

  • Woman docked for biting off neighbour’s ear

    Woman docked for biting off neighbour’s ear

    A 35-year-old woman, Cynthia Unabor, was on Tuesday arraigned before an Ikeja Magistrates’ Court in Lagos, charged with biting off her neighbour’s ear.

    Unabor, a resident of No. 3, Asutan St., Obawole, Iju, Lagos, is being tried for breach of peace and assault.

    The Prosecutor, Insp. Essien Ndarake, told the court that the accused committed the offences on April 11 at her residence.

    Ndarake said that the accused assaulted her neighbour, Mrs Bajomo Oladele, by beating her and biting off her ear.

    “The accused inflicted wound on her neighbour by biting off her right ear.’’

    Ndarake said that the accused and the complainant had been bearing grudges over an undisclosed matter, which had on two occasions, landed both in police station.

    “Both parties were not in good terms; their matter had been with the police twice.

    “On that fateful day, the accused claimed that her neighbour was abusing her in her language; so she descended on her, threw her on the ground and punched her all over her body.

    “She was not satisfied with the beating; she went further by biting off her ear, causing permanent disability on her ear.

    “The flesh of the ear was recovered at the scene of the crime,” he said.

    The offences, Ndarake said, contravened Sections 166 and 171 of the Criminal Law of Lagos State, 2011.

    Section 171 provides that if convicted of the offence, the accused is liable to three years’ imprisonment.

    The accused pleaded not guilty of the offences and was granted bail in the sum of N50, 000 with one surety in like sum.

    The Magistrate, Mrs E. Kubeinje, adjourned the case to May 3 for mention.

  • Alleged destruction of evidence: Metuh shuns court

    Alleged destruction of evidence: Metuh shuns court

    •Trial rescheduled for May 9

    Peoples Democratic Party’s (PDP’s) National Publicity Secretary Olisa Metuh was absent yesterday at the resumption of his trial before the High Court of the Federal Capital Territory.

    Metuh and his lawyer were in court at the last adjourned date of March 16, when parties agreed to yesterday, owing to the judge’s absence.

    But the PDP’s national publicity secretary and his legal team refused to turn up yesterday.

    The Economic and Financial Crimes Commission (EFCC) on January 21 arraigned Metuh on a two-count charge of attempting to destroy evidence in the allegation of receiving N400 million from the former National Security Adviser (NSA), Col. Sambo Dasuki (retd), for which he was arraigned in another court.

    The EFCC stated in the charge that Metuh “tore into pieces statement made under caution,” contrary to Section 326 of the Penal Code and punishable under Section 327 of the same code.

    The prosecution amended the charge and added a third count of “Mischief”, which contravened Section 326 and punishable under Section 327 of the Penal Code.

    Yesterday, only the prosecution lawyer, Sylvanus Tahir and first prosecution witness, Said Junaid, were in court.

    They were informed by a court official, after waiting for over one hour, that Justice Ishaq Bello, was not available.

    Attempts by officials of the court to contact members of the defence team failed.

    An official of the court, who said he attempted to reach Emeka Etiaba (SAN), explained that calls to his number were not successful.

    Having failed to establish contact with the defence team, the court officials later adjourned further proceedings to May 9.

    On February 24, Junaid, while testifying as the first prosecution witness, gave details of how Metuh allegedly tore the statement.

    Led in evidence by Tahir, the witness said his team visited Metuh’s residence at Prince and Princess Estate, Abuja, on January 5 and invited him to the commission.

    Metuh, according to the prosecution witness, honoured the invitation and was interrogated by Ibrahim Musa, Michael Wetkas, Bello Umar, David Nkpe, Bello Adama and Eucheria Ibrahim.

    He added that the PDP spokesperson volunteered a statement to the commission.

    “My lord, when he concluded writing his statement, which was on four sheets of the EFCC statement form, I collected the statement and read over it. I handed it over to my superiors, Musa and Wektas. My lord, he suddenly tore the statement sheet into pieces. In great shock and surprise, I stood up and I asked him why he did what he did.

    “He said he did that because he was no longer willing to give the information on that statement sheet. I then requested the pieces of the statement, he declined and attempted to put them in his pocket, I then cautioned him and told him to respect himself. He insisted that he was going to dispose the torn sheet.

    “I persuaded him to handover the torn sheet and brought one plain paper before him, he poured the pieces on the plain sheet, my other colleagues were there looking at us in surprise as well.

    “He furthered tore them into pieces, saying only in the movies would this be recovered. I poured the pieces in the commission’s transparent polythene bag for exhibit and made entry of the incident into the EFCC’s incident duty station diary as well as EFCC’s pocket notebook.”

    “Later, in the day, he requested to make additional statement, which he made, wrote his name and signed, but declined to make any other statement on the torn paper,” Junaid said.

     

     

     

  • Ogun communities in court over land

    The Akasun Community in Ogun State has asked an Ota High Court to award them N20million damages over the alleged destructions of their property following a land dispute.

    The dispute is over a land measuring 1175.445 hectares at Ere Ward, Ado-Odo/Ota Local Government area.

    It is said to have led to the destruction of over 250 houses worth N15million; carting away of 250 cows, 400 goats, 700 pigs, 800 ducks and other domestic animals.

    The claimants also alleged that their food and cash crops such as yam, cassava, maize, palm kernel, plantain, banana, paw-paw worth about N500 million were either destroyed or harvested, eaten and/or taken away by the defendants during an occupation of the land.

    In the suit before Justice Solanke, the claimants are also demanding N17million being the estimated value of properties seized, destroyed and or damaged following the defendants’ alleged invasion.

    Through their lawyer Nojim Tairu, the claimants are praying the court to hold that a judgment in a case numbered HCT/8A/2001 relating to Aakasun Ilase Village, which was affirmed by the Court of Appeal, Ibadan and the Supreme Court, does not relate to them, nor were they parties to the suit as to be bound by the verdicts.

    The claimants want the court to hold that their community’s invasion, seizure/destruction of their properties between August 18, 2010 and May 11, 2011 pursuant to defendant’s purported execution of judgments in MT/25/2011, HCT/8A/2001, CA/1/219/2002 and SC/129/2005 through a warrant of possession dated July 12, 2011, is unlawful, null and void.

    The first to sixth defendants, who represent the Asade Family (also known as Oniboto Family of Ado-Odo), through their lawyer, Ayodele A. Omoniyi, said the claimants have no common root of title with distinct holdings, adding there is nothing known as Akasun community land.

    “The claimants are tenants on the land at Akasun and derived title from the different individuals they have individually mentioned in individual affidavits sworn to on 20th January, 2012, upon which reliance is hereby placed,” the defendants said.

    The court, on April 11, renewed its order made on November 5, 2013, that parties maintain status quo pending the suit’s determination.

    The case has been adjourned till June 9.

     

  • My wife’s siblings ask me to divorce her, man tells court

    APETITIONER in a divorce suit, Mr Olusola Ogunleye, on Thursday told an Akure Customary Court that his wife’s siblings advised him to divorce her because of her stubborn nature.

    Olusola, who had been married to his wife, Funmilayo, for 13 years, and the marriage blessed with four children, accused the respondent of always threatening him with knives and broken bottles whenever they had misunderstandings.

    He said that whenever there was any misunderstanding between them, his wife was also fond of destroying my properties.

    The petitioner also said that Funmilayo had no respect for either him or the members of his family; in addition to keeping late nights.

    Olusola alleged that his step- daughter was the genesis of his problem between him and his wife, whom he claimed bewitched her mother and turned her against him.

    However, Funmilayo in her testimony denied all the allegations leveled against her by Olusola.

    Funmilayo said that her marriage had known no single day of peace since it was contracted 13 years ago.

    It had been characterised with incessant beatings, she said.

    “My husband was always beating me all through the periods of my four pregnancies as if he wanted to take my life,’’ she said.

    The respondent also alleged that her husband was irresponsible as he failed to pay their children’s school fees for the past three years, and neither provided their feeding allowances.

    The Court’s President, Mr Ayodele Omotola, cautioned both parties not to toy with their children’s future and admonished them to maintain the peace.

    Omotola ordered Ogunleye to pay N8,000 into the court’s registry’s account for the feeding of the children on or before April 22, pending the determination of the suit.

    He asked each of them to bring two elderly witnesses on May 9, the next hearing date.

  • Court orders issuance of hearing notice on firm

    Justice Muhammed Liman of the Federal High Court in Port Harcourt has ordered that hearing notice  be served on  Conoco Philips Petroleum Nigeria Limited (the third defendant) in a case between Arco Group Plc and Nigerian Agip Oil Company (NAOC).

    The court fixed June 14 for hearing of pending applications.

    Arco Group, an indigenous oil service company, is praying the court to determine “whether under the Nigeria Content Act, Agip was under obligation to award maintenance contract of OB/OB, Ebocha and Kwale gas plants to it or not”.

    Nigeria National Petroleum Corporation (NNPC), Conoco Philips, and the National Petroleum Investment Management Services (NAPIMS) are the the defendants.

    Arco Group is claiming that NOAC’s alleged refusal to comply with the provisions of Section 3 Sub Section 2 and 3 of the Nigeria Oil and Gas Industry Content Development (NOGICD) Act 2010 was illegal.

    It argued that the law encourages the involvement of more indigenous participation in oil and gas operations.

    The company further submitted that having successfully maintained the OB/OB, Ebocha and Kwale gas facilities for many years, it had the prescribed equipment, machines and skilled manpower to execute the contract.

    Parties agreed to take arguments on originating summons, contempt and preliminary proceedings the same day in order to save time.

    The plaintiff’s lawyer, Akpomudje Albert (SAN) said his client had commenced contempt proceedings against the Agip for allegedly disobeyed two orders of the court.

    He argued that the court should first dispose of the contempt proceedings before entertaining any other matter relating to the suit.

    “There was an order  to maintain the status quo. We have complained to the court that the  orders were being flouted. We have commenced contempt proceedings. We are talking of two orders of courts. There are no appeal against them by the defendants.

    “Our submission, therefore, is that His lordship should take the contempt proceedings first before we go to the other issues,” he said.

    NAOC’s lawyer, Mr Joseph Okpoko (SAN) said since the case came to the court by way of originating summons, the court had no jurisdiction over the case.  He said both parties later filed written addresses.

    He further queried the form of status quo the court ordered parties should maintain.

    “But what is this status quo in this case. The claim before the court is the one we say that the  court does not have jurisdiction to entertain the matter,“, he said.

    But Justice Liman advised parties to put their house in order.

  • Jonathan paid Metuh for image laundering – witness tells court

    Jonathan paid Metuh for image laundering – witness tells court

    The spokesman of the Peoples Democratic Party (PDP), Olisa Metuh opened his defence Monday before the Federal High Court, Abuja after unsuccessful attempts to stall proceedings.

    Last Friday, trial judge, Justice Okon Abang threw out a series of applications he filed on the ground that they were meant to stall proceedings.

    The judge adjourned to Monday, warning him to open his defence in the case, failing which he will forfeit the opportunity.

    Metuh and his company, Destra Investment Limited are being tried before the court for unlawfully receiving N400m from the Office of the National Security Adviser (ONSA) and allegedly engaging in money laundering.

    Monday, rather than commence his defence as directed by the judge at the last hearing, Tochukwu Onwugbufo (SAN), who announced appearance for Metuh’s company, began a long argument on why the court should adjourned proceedings on the ground that he was new in the case.

    Justice Abang, in a ruling, rejected his oral application for adjournment and ordered Metuh to open his defence by calling his witnesses, an order Metuh’s lawyer; Onyechi Ikpeazu (SAN) complied with by calling Metuh’s first witness, Ike Ogbonna.

    Ogbonna, who said he had worked as a journalist, starting with the defunct Triumph newspaper, through the Champion newspaper, New Telegraph (as a Deputy Managing Director) and ended as with Thisday newspaper, from where he was appointed as Media Adviser to former National Chairman, Peoples Democratic Party (PDP), Dr. Okwesileze Nwodo.

    He gave details how Metuh was paid by former President Goodluck Jonathan for the publicity activities he carried out for the PDP during the run off to the last general election.

    “I know Olisa Metuh. While I was Media Adviser at the PDP national secretariat, I met Olisa Metuh close, although I have been hearing of him.

    When I came to the party, he was the National Vice Chairman, South East. Since I also came from the South East, Metuh was part of the team set up by the then National Chairman to reposition the image of the party. That assignment brought us together. To the extent that when I returned to the newsroom, I remained in contact with Metuh, who was with the party.

    He called me and said that he is not a media person, but his new role involved media activities.

    And that by virtue of my experience and relationship with the party, he was going to rely on me, and that he did, consulting me on virtually every issue, even though I was not directly working for him.

    Dr. Nwodo engaged a PR firm called CMC Connect. Which help Dr. Nwodo packaged his programme of improving the image of the party.

    Since Metuh was part of Dr. Nwodo’s team, he also came in contact with CMC Connect.

    Soon after his election as Assistant Publicity Secretary, he called me to arrange with CMC Connect to meet with him. This I did and the Managing Director of CMC Connect, Mr. Yomi Badejo came with his team, which met with Metuh and some officials of the Publicity Directorate of the party.

    He appealed to the consulting firm that he would want them to return and continue from where they stopped when Dr.Nwodo was there.

    The firm said it was willing to return, but that the party was owning them. Metuh promised to push a case for them at the party’s National Working Committee (NWC) meeting.

    Following their presentation at the meeting, Metuh said he will engage them. But as at that time, there were no resources to engage them. He promised to get back to them if he gets resources from the party.

    Eventually, towards the end of 2014, Metuh approached me, where I was the Deputy Managing Director of the New Telegraph newspapers, and requested that he will need my full services this time.

    “He said he will like if I can come into the party as a consultant to help him on the new challenge of improving the image of the party, which he said, was in a bad shape, and by his position, all eyes were on him to come up with strategies to shore up the image of the party, ahead of the general elections.

    “That was at the point I left the New Telegraph to join him for the purposes of addressing the challenge he spoke about. He told me CMC Connect would be needed. I told him CMC Connect is too expensive, and that we can work with smaller PR firms, but he insisted on CMC Connect, saying the assignment was enormous and that he would rather go for the best.

    “When I told him about the issue of funding, he said the general election was coming and that the issue of lack of money in his department would soon be a thing of the past, because the leader of the party, who was the President of Nigeria, will have no choice than to fund his department.

    “The main consideration for involving CMC Connect was the quality of their services. In addition to quality, the party was owing CMC Connect, and Metuh has promised to pay them. He also made a commitment to them (CMC Connect) that when funding comes, they would be considered first.

    “Even when I tried to lure Metuh out of CMC Connect, so that we can use other firms, he reminded me that he had made a commitment and will not like to go against it.

    We eventually called CMC Connect to join a team of other journalists and some politicians, where Metuh told us that he has been given an assignment by the leader of the party, then President Goodluck Jonathan to come up with a strategy that will help the party win the forthcoming general election.

    “Metuh told us that the assignment given to him, was also given to some other professionals. And that we should see it as a challenge and make sure that our own strategy will prevail in the choice that the party’ leadership and the President will make.

    “The team anchored by CMC Connect, prepared some strategies and after testing and rehearsals, with Metuh presiding in most of the meetings, we all agreed that we had a good product to present. And Metuh said we should wait for clearance from the Presidential Villa, the seat of power, for a date for the presentation.

    “One afternoon, he came to me that he has just received a call from the National Chairman of the party, Adamu Muazu, that the President will be ready for the presentation that night.

    “All the other members of the team were resident in Abuja, except CMC Connect, which was based in Lagos. We called its Managing Director, Yomi Badejo to take the next available flight to Abuja for the presentation. Because he was already expecting the day of the appointment for the presentation, he took the next available flight and arrived Abuja at about 6pm.

    “When we arrived at the Presidential Villa, it was only Metuh’s car that was allowed to enter. But he and Metuh waited for us at the security clearing area. After the clearance, we were ushered into a waiting room.

    Metuh left us and entered into an inner room. 15 minutes later, Metuh came to call us. And we entered a very large parlour, with the President sited, with the Vice President, Senate President and the National Chairman of PDP and the then Governrs of Cross River and Anambra states and some media aides of the President, including Dr. Reuben Abati, Doyi Okupe.

    “We sat down. Then the Presidnet said, ‘Olisa where are your men,? He called us and the MD of CMC Connect was the first to speakfrom our team. He wnt in with a projector and demonstrated most of the strategies we had in mind.

    “After the presentation, the President requested for comments from other members of the team. And after our comments, he said jokingly that we were too hard on him, because virtually all, who spoke in our team told him that his image was in a bad shape and that he himself was not helping the matter the way he was handling it.

    “At a point Reuben Abati, the President’s Media Adviser, who saw our presentation as an indictment on him, told the President that the situation was not as bad as we tried to portray. But the President overruled him.

    “After the presentation, the President asked for comment from those sitting with him. And most of the speakers made positive remarks and that they were impressed with what we presented.

    “The Office of the Media Adviser also did a presentation. Dr. Doyin Okupe, the Senior Special Adviser on Public Affairs, and other professionals brought in by party and government officials, made their own presentations too.

    “Ultimately, given the comments of people that were sitting with the president, I recalled vividly, the comment of former Governor of Anambra State, Peter Obi, who told the President that, if what this team presented can be put into action, they should be quickly mobilised because if nothing is done immediately before the President started campaign, it would be difficult to win the election, given the public perception of him and his government at that time.

    “The President then said, since there appeared that to be the consensus of the people with him them, that Metuh and his team, did a better job, he would advise that all the others should collapse into Chief Metuh’s team, because he would want the consultant to provide the direction.

    “At that point, the President told Chief Metuh that he has done a good job, but that the real job is still out there to put all these into action and told him to bring a corporate account to him for immediate mobilisation and action,” Ogbonna said.

    When asked if he knew how the Office of the National Publicity Secretary of the PDP, headed by Metuh was funded, Ogonna said “the extent that I operated as Media Adviser there and as a political journalist that is familiar with political activities, I am aware that the funding of the Office of the National Publicity Secretary come mainly from the party and the leader of the party, who happened to be President Goodluck Jonathan at the time,” Ogbonna said.

    Under cross-examination by the prosecution lawyer, Ogbonna said he was not privy to the source of the money paid for the job they did, but “Chief Metuh told me that the President called him and said the money had been paid. I was no paid as an individual.

    Further hearing resumes on April 20.