The Nation Newspaper

Tag: Court

  • EFCC charges against me unconstitutional, SAN tells court 

    EFCC charges against me unconstitutional, SAN tells court 

    Senior Advocate of Nigeria, (SAN), Dr. Joseph Nwobike, Monday told a Lagos State High Court that the five-count charge filed against him by the Economic and Financial Crimes Commission (EFCC) was unconstitutional.

    Nwobike is standing trial before Justice Raliat Adebiyi on charges bordering on an attempt to pervert the course of justice and offering gratification to a public official.

    Monday, defence counsel, Mr. O. Akoni, informed the court that the charges against Nwobike were unconstitutional and he intended to make a no case submission.

    Denying a claim by prosecution counsel, Rotimi Oyedepo, that the defence had filed “a harvest of motions”, Akoni told the court that his client looked forward to a speedy trial.

    He said: “We have another application but we want it taken after the prosecution has closed its case so that we can start trial without delay. We intend to make a no case submission.

    “I want us to move faster. We’re saying among other things that this charge is unconstitutional.”

    Opposing the defendant’s application, the prosecution said it was defective.

    “The applicant’s application violates S.158 of the Administration of Criminal Justice Law, if read together with Section 212.”

    He argued that if such an application is found to be incurably defective, the court would have no option but to strike it out, “Instead of keeping it in abeyance.”

    In her ruling, Justice Adebiyi upheld the defendant’s submission.

    “The defendant’s application will not prejudice the prosecution’s case,” the judge ruled.

    The case was adjourned till April 21 and 22 for the prosecution to open its case.

    On April 9, Nwobike was arraigned by the anti-graft agency on allegations that he gave the sums of N750, 000 and N300, 000 to Justice Mohammed Nasir Yunusa of the Federal High Court to influence the judge to pervert the course of justice.

    He denied the charges and was granted bail on self recognizance.

  • Man to court: I caught my wife in our neighbour’s room

    Man to court: I caught my wife in our neighbour’s room

    A 59-year-old physically challenged man, Mr Olaiya Adeagbo, has pleaded with an Igando Customary Court in Lagos to dissolve his 23-year-old marriage, accusing his wife of infidelity.

    He told the court on Monday that that his wife with whom he had four children, was having an affair with his neighbour.

    “I always received a tip-off from our neighbours that my wife is having an affair with one of our neighbours who was a bachelor.

    “That fateful day, I came back home earlier and could not find her in our room, two of my neighbours told me that they sighted her when she sneaked into her lover’s room.

    “I went to knock on his door but he refused to open after hearing my voice.

    “I continued knocking and he later opened his door, and I saw my wife hiding behind his door sweating and panting, I greeted her and left.

    “After some days, her lover died and my wife disappeared from the house without taking anything and refused to come back.

    “My wife later went to marry another man, who also died after some months of their marriage,” he said.

    The petitioner also told the court that his wife fights a lot with their neighbours.

    “My wife fights a lot, she fought with our pregnant neighbour but the woman died the following morning.

    “Every house we rented, we are always evicted because of her frequent fighting with me and neighbours; she once stabbed me with a knife,” he said.

    He urged the court to terminate the marriage as his life was not safe and that he was no longer interested in the union.

    In her submission, the wife, Mrs Taiwo Adeagbo, 46, also accused her husband of committing adultery.

    She told the court that man her husband saw her with was her benefactor not her lover.

    “I am not having any affair with that our neighbour, he was only my benefactor who always meet my needs as my husband is not responsible, but unfortunately he is no more,” she said.

    The mother of four said her husband had at one point eloped with her best friend.

    “My husband always bring home different women claiming they have one problem or another; he once ran away with my best friend to unknown destination for three-months,” she added.

    She begged the court to grant her husband’s wish and terminate the marriage as she too was no longer interested in the union.

    The President of the court, Mr Adegboyega Omilola, after listening to the couple, adjourned the case to May 10 for further hearing

     

  • Court stops selection of OAU VC

    Court stops selection of OAU VC

    •Workers disrupt candidates’ screening

    Who is  the next Vice-Chancellor (VC) of the Obafemi Awolowo University (OAU), Ile-Ife, Osun State?

    The question has been hanging for some time, following the indefinite suspension of the selection by the Governing Council.

    The suspension followed a workers’ protest on the campus last Thursday.  Besides, a court injunction stopped the council and the university Senate on Friday.

    It was secured by the institution’s chapters of Non Academic Staff Union (NASU) and Senior Staff Association of Nigerian Universities (SSANU), which opposed the process.

    The injunction ordered that the process be stopped until after the suit instituted by the workers’ unions on the legality of the process is determined.

    NASU and SSANU  are urging the court to compel the Federal Government to dissolve the council, among other prayers.

    The OAU management confirmed the suspension at the weekend, saying it was a normal thing to do “in a chaotic situation”.

    The Public Relations Officer (PRO), Abiodun Olanrewaju, said the management suspended the selection when protesters barricaded all gates to the Administrative Building, preventing movement in and out of the building.

    The tenure of Prof Bamitale Omole expires on June 24, but the process put in place to choose his successor has torn apart the stakeholders and pitted the university workers against the council and the outgoing VC.

    More than 38 professors within and outside OAU are jostling for the top job. The contenders were pruned to 11 during the preliminary screening by the search team, comprising members of the council and the Senate.

    Last month, five of the 11 candidates were screened out, paving the way for six contenders to compete for the position.

    The six shortlisted candidates are the Deputy VC for Academics, Prof Ayobami Salami, Prof Afolabi Akindaunsi from Federal University of Technology, Akure (FUTA), Prof Charles Akinyokun also from FUTA, Prof Olabisi Aina, Prof Eyitope Ogunbodede and Prof Anthony Akinlo.

    The shortlisted candidates were billed to appear before a selection committee for screening last Thursday, but the session was disrupted by the workers’ protest.

    It was gathered that the protesters moved to the institution’s Conference Centre, where the selection committee members reconvened to screen the candidates, and locked up the committee members.

    They remained at the screening venue till the midnight of Friday to ensure the event did not hold.

    On Friday morning, the workers marched on the council’s chairman and VC’s residences to register their grievances on the method taken by the council to choose the new VC.

    At the centre of their complaints are the accusation of non-compliance with OAU Statute 6 in the method of VC selection and the allegation of favouritism against the departing VC.

    According to Section 3A, B, C, D and E of the OAU Statute 6 and amended Statute 22 of Miscellaneous Decree 11 of 1993, the council is empowered, among others, to constitute a search team consisting of a member of council as the chairman, two members of the senate, and two members of congregation to nominate suitable persons to contest for Vice-Chancellor’s position.

    Section 3D of the OAU Statute 6 advises the council to select three candidates from among the contenders recommended to it by the joint selection board after screening and forward their names to the Visitor, which is the President.

    But, an amendment by Miscellaneous Decree 11 of 1993 empowers the council to complete the VC appointment process without the input of the Visitor, thereby rendering Section 3D and 3E of the OAU Statute 6 irrelevant.

    After the search team completed its task, the council led by Prof Rowland Ndoma-Egba, convened a meeting on March 10 where it adopted the nominees presented by the search team.

    The problem started when the council selected six of the 11 candidates presented before it and screened them, without constituting the joint selection committee as required by law.

    The council allegedly went out of the criteria advertised for eligibility and introduced a scoring method to evaluate the competence of the shortlisted candidates.

    It was learnt that the candidates were ranked based on years of teaching (five marks), international exposure (10 marks), number of journal publication (10 marks), fund attraction (10 marks), years of professorship (five marks), research supervision (five marks), and calibre of referees (five marks).

    The total score was 50 marks, but the awarded scores for each candidate were doubled to obtain percentage scores.

    The Nation gathered that pass mark was pegged at 60 per cent, but all the six candidates, it was learnt, scored above the pass mark.

    The unions held that the council usurped the responsibility of the joint selection board to screen the candidates.

    They accused Prof Omole of influencing the outcome of the screening conducted by the council, saying the outgoing VC had a favourite among the candidates.

    A statement jointly issued by NASU and SSANU said: “The responsibility of the council in drawing up shortlist of suitable candidates for the post for consideration, as stipulated in Statute 6, Section 3, should be solely based on whether or not the applicants met the advertised eligibility criteria.

    “By rushing to score and rank applicants prior to the constitution of the Joint Council and Senate Selection Board, which is statutorily responsible to perform these duties, the council has unlawfully usurped and hijacked the statutory responsibility of the Board and rendered its purpose and functions irrelevant.”

    The unions urged President Muhammadu Buhari to dissolve the Ndoma-Egba-led council and re-constitute a new council that would work with workers in appointing a “credible and competent” person to succeed Omole.

    Olanrewaju denied that the council violated the extant laws of the university, saying the selection method complied with the statutory provisions guiding the selection of VC. Asked whether the council was right to bypass the Joint Council and Senate Selection Board to screen and rank the candidates, the PRO simply said: “The Council is the highest ruling body of the school and there is nothing wrong with the position of the council on the matter.”

    On the allegation of favouritism levelled against the outgoing VC, Olanrewaju said: “Prof Omole does not have such agenda and has not said it anywhere, either secretly or openly, that a particular candidate should succeed him.

    “The outgoing VC has been running an open and transparent administration. If some people feel aggrieved with the method taken by the council to pick the new VC, they should come forward for a roundtable discussion on the way to resolve the issues. This is the best way to move forward.

    “The members of Academic Staff Union of Universities (ASUU), NASU, SSANU together with students and alumni association are all stakeholders in the affairs of the school. We do not expect any of the groups to want to see to the downfall of the university as one of the best in Africa. What is happening is a family affair; we will settle our differences in a family way.”

    However, a top member of the Senate, who spoke to The Nation on the condition of anonymity, said the council was wrong in its method.

    He said the council did not comply fully with the OAU Statute, noting that it erred against the law to have screened and ranked the candidates before the Joint Council and Senate Selection Board.

    A lecturer accused the outgoing VC of having a favourite candidate, saying the management did not learn a  lesson from the controversy generated by similar scenario, which played out during the tenure of Prof Wale Omole, a former VC.

    The NASU Chairman, Comrade Wole Odewumi, threatened a “total showdown” if the council goes ahead to pick the next VC against the court order.

    He said the only condition for peace was for the council to start the process afresh.

  • Court dismisses Metuh’s motion to delay trial

    Court dismisses Metuh’s motion to delay trial

    A Federal High Court in Abuja on Friday dismissed an application by Peoples Democratic Party’s (PDP) National Publicity Secretary, Mr Olisa Metuh, seeking adjournment of the case against him.

    Metuh is standing trial alongside his company, Destra Investment Limited, for allegedly receiving N400 million meant for the purchase of arms for the military.

    He pleaded not guilty to the charge.

    At the resumed hearing of the case, a new counsel to Metuh’s company, Mr Tochukwu Onwegbufor, SAN, asked the court to adjourn the case to enable him study the case files.

    Onwegbufor told the court that he was new in the matter and needed short adjournment.

    However, Mr Sylvanus Tahir, counsel to the Economic and Financial Crimes Commission (EFCC), prosecutors of the case, opposed the application, saying that the second defendant could not present a new counsel.

    Tahir argued that counsel to Metuh, Mr Emeka Etiaba, SAN, who was representing both defendants was present in court.

    He also argued that Etiaba did not file any application to inform the court of his withdrawal from defending the second defendant.

    Tahie, therefore, urged the court to refuse the oral application.

    In his submission, Etiaba told the court that he filed an appeal at the Court of Appeal challenging the ruling of the high court on his client’s no-case submission.

    In a ruling, Justice Okon Abang dismissed the defendants’ applications for adjournment, and for stay of proceedings.

    Abang held that section 394 of the Administration of Criminal Justice Act 2015 discouraged courts ffrom granting more than five adjournments.

    He said that it was on record that the defendant had taken five adjournments in this case.

    Abang ruled that the second defendant was not entitled to any adjournment “for now’’.

    On the application for Stay of Proceedings, the judge held that section 306 of the Administration of Criminal Justice Act 2015 frowned at granting stay of proceedings in a criminal trial.

    He therefore dismissed all the applications for lack of merit and adjourned the case till April 11 for the defence to open its case.

    Meanwhile, the trial of former Chief of Defence Staff, Alex Badeh, was adjourned till April 12.

  • Court sacks Pinnick as NFF chairman

    Court sacks Pinnick as NFF chairman

    A Federal high court sitting in Jos Friday granted the prayers of Yahaya Adama and Senator Obinna Ogba, to relist the case which among other things had sought to nullify the Warri General Assembly and the subsequent elective congress that turned in Amaju Pinnick as President of the Nigeria Football Federation (NFF).

    Justice Musa Haruna Kurya in delivering his ruling on the matter went ahead to also sustain all the previous orders of the court, effectively making Ambassador Chris Giwa the Head of the federation until the final determination of the suit.

    By the orders of the court Friday, the Minister of Sports is compelled to recognize the Mr. Giwa Led Board of the NFF as the recognized board by law.

    The order also bars anybody from interfering with the duties and functions of the NFF board under the leadership of Chris Giwa.

    The court, by ruling, has effectively set aside all the proceedings and decisions of the Warri Extra Ordinary meeting of the 20th September, 2014 and the Elective Congress of 30th September, 2014 which elected Amaju Pinnick as President of the NFF.

    However, Amaju Pinnick vowed to appeal against the high court judgement.

    Speaking shortly after the ruling of the court, counsel to Pinnick, Barrister Damon Dashe told newsmen that his clients will certainly appeal the decisions of the court.

    On his part Counsel to Yahaya Adama and Senator Obinna Ogba, Barrister Habila Azard Said his clients have been vindicated and that “they can now settle down and resume all their functions because that is all we have been fighting for.”

    The Case has been adjourned to the 30th of May for hearing of the substantive matter.

  • Court grants stay on Kuku’s arrest

    Court grants stay on Kuku’s arrest

    The Federal High Court in Lagos yesterday granted a stay of execution on the judgment, which held that the Economic and  Financial Crimes Commission (EFCC) could arrest the ex-Special Adviser to former President Goodluck Jonathan on Niger Delta Affairs, Kingsley Kuku.

    Justice Okon Abang, on February 16, dismissed an application by Kuku seeking to restrain anti-corruption agencies from arresting and prosecuting him over allegations of corruption.

    The judge, however, said should Kuku be arrested, he should not be detained beyond 48 hours, as doing so would contravene Section 35 (4) (5) of the 1999 Constitution.

    According to the judge, EFCC has a statutory obligation to investigate Kuku for  alleged financial impropriety and has the right to arrest him, if he refuses to honour invitation.

    Dissatisfied with the judgement, Kuku appealed to the Court of Appeal, Lagos Division.

    He also brought an application seeking a stay of execution of Justice Abang’s judgment pending the determination of the appeal.

    The application for stay of execution was dated February 23 and supported by an 11-paragraph affidavit, deposed to by Chinedu Obata on Kuku’s behalf.

    Justice Abang, who returned from Abuja to deliver the verdict,  held that the application for stay had nothing to do with the respondents’ statutory rights.

    He ordered the parties to maintain status quo pending the determination of Kuku’s appeal.

    “Time cannot run against the state in arresting or prosecuting the applicant, if he truly committed the alleged offence. The respondents have nothing to lose, if the status quo is maintained.

    “So, all actions concerning arrest, detention and prosecution of the applicant should hold for now till final determination of the appeal,” Justice Abang held.

    Kuku sued the attorney-general of the federation, EFCC, Independent Corrupt Practices Commission (ICPC), inspector-general of Police, DSS and Nigerin Immigration Service.

    He alleged that there was “a plot by the respondents to concoct, fabricate or falsify evidence in order to provide a basis for the arrest, detention, persecution and/or prosecution of the applicant (Kuku) for political reasons…”

    Kuku sought a declaration that any such invitation, arrest, harassment or prosecution on the basis of allegations of corruption in respect of his tenure as chairman of the Amnesty Programme between 2011 and 2015 was a breach of his right to fair hearing and freedom of movement.

    The auditor-general of the federation had raised questions on alleged mismanagement of funds in reports of audit monitoring and evaluation of the amnesty programme.

    AGF’s and IGP’s counsel, Mr Tijani Gazali, said Kuku was only invited to clear allegations of corruption against him, adding that there was no plot to violate his rights.

     

  • Court remands driver, 30, in prison for defiling minor

    Court remands driver, 30, in prison for defiling minor

    Justice Oluwatoyin Ipaye of a Lagos High Court sitting Ikeja on Tuesday remanded a 30-year-old driver, Samuel Akanni in prison custody for allegedly defiling a seven-year-old girl.

    The trial judge also in a ruling revoked the bail earlier granted the defendant by the lower court.

    Akanni, was earlier arraigned before an Ikeja Magistrate court in 2013 on charges of child defilement by the Police. He had then pleaded not guilty to the charges consequent upon which he was admitted to bail while his case file was sent to the Directorate of Public Prosecution (DPP) for advice and which recommended prosecution.

    During his fresh arraignment yesterday, the prosecution led by Mr Babajide Boye told the court that the defendant committed the offence on July 14, 2013 at his resident located at No. 31, Powerline St., Oko-Oba, Agege, Lagos.

    Boye informed the court that the defendant was a neighbour of the victim (name withheld) and her family and that they all lived in one-bedroom apartments popularly known as ‘face me I face you’ in the house.

    “The defendant’s apartment was opposite that of the child and her family’s apartment and because of the proximity, he had the habit of always sending the victim on various errands on his behalf.

    “On two occasions, he lured the victim to his apartment where he had unlawful sexual intercourse with her.”

    The prosecutor said that Akanni was caught when the victim, after the second act of defilement, told her mother about the
    crime when she kept having unusual discharges from her private part.

    He said that the trauma caused the child by the sordid act allegedly committed by the defendant forced her family to relocate from the house to another house.

    The defendant had again denied the charges preferred against him.

    Justice Ipaye consequently revoked the bail granted the defendant by the lower court and ordered that he be remanded in prison custody for trial.

    “The defendant is hereby remanded in prison custody and the bail earlier given to him by the lower court is hereby revoked,” she ordered.

    Justice Ipaye thereafter adjourned the case to April 19 and 20, 2016 for trial.

  • Man in Court for alleged stealing

    Man in Court for alleged stealing

    A 48-year-old man, Samuel Edeh was on Monday arraigned before an Enugu North Magistrates’ Court for allegedly renting out a property belonging to another person without his consent.
    The Prosecutor, Mr Mathew Eze told court that the complainant (one H.E Ogboko) reported the matter at New Haven Police station which led to the arrest of the accused.
    He said that upon investigation, the accused person admitted renting out a property belonging to the complainant located at plot 49A 2nd-Avenue, Independence layout, Enugu, and converted the proceeds valued at N250, 000 to personal use.
    Eze said that the accused also damaged a wooden door and louvers of the said property and sold some materials the complainant left in his store and valued at N150, 000, without his consent.
    The prosecutor said that the accused was later charged for malicious damage and stealing.
    “There was a counter claim by the accused person in his statement claiming that he used the money realized from the property to affect some maintenance on the building without the knowledge of the complaint.
    “There was no estimate or receipt from the accused to show that he actually renovated the building,’’ Eze said.
    He alleged that efforts made for the accused to refund the money was futile, which necessitated the Divisional Police Officer (DPO), in-charge of New Haven Police Station to charge the accused to court in the interest of justice.
    The Magistrate, Mrs E.N Alukwu adjourned the matter to April 25, for continuation of hearing.

     

  • Ecobank vs Honeywell: Court directs CJ to re-assign case

    Ecobank vs Honeywell: Court directs CJ to re-assign case

    The Court of Appeal in Lagos has directed the Chief Judge of the Federal High Court, Justice Ibrahim Auta, to re-assign a winding-up petition by Ecobank Nigeria Limited against Honeywell Flour Mills Plc.

    Justice Abimbola Obaseki-Adejumo said justice demands that both sides must be heard. She made no order as to cost.

    The justice upheld an appeal by Honeywell against an ex-parte order made by Justice Mohammed Yunusa last December 4.

    The company appealed against partial freezing of its accounts following an application by Ecobank’s lawyer Mr Kunle Ogunba (SAN), an insolvency expert.

    Justice Yunusa had restrained Honeywell Group’s chairman, Dr Oba Otukedo, the company’s directors and subsidiaries from withdrawing from any bank or financial institution.

    But Honeywell, through its lawyer Chief Wole Olanipekun (SAN) sought to discharge the order.

    Justice Yunusa, in his ruling, on the application to discharge the order, held that the company could withdraw up to N60million in a month (N15million only per week) pending when the suit was heard and determined to enable Honeywell Group meet its financial obligations.

    Dissatisfied with the ruling, Honeywell appealed, insisting that it wants full access to its funds. The suit is sequel to an alleged N3. 5 billion unpaid loan facility which Ecobank gave Honeywell.

    Justice Obaseki-Adejumo said Justice Yunusa made the ex-parte order without notice to Honeywell. She said it violated the rules guiding winding-up petitions.

    According to her, the rules state that every application in such a petition shall be by motion on notice to the person against whom the order was to be made.

    “Justice of the case demands that both side be heard. The ruling of the Federal High Court is hereby set aside. The petition shall be assigned to another judge for necessary action. Parties shall bear their costs,” she held.

    Ecobank had also appealed a ruling by Justice Mohammed Idris striking out contempt proceedings initiated against it by Achorage Leisures Limited and its sister company Siloam Global Services Limited, both of which are subsidiaries of Honeywell Group.

    They accused the bank of disobeying an earlier directive by the judge that all parties should maintain status ante-bellum, which the bank denied.

  • My wife always tears my boxers to rape me, man tells court

    “My wife has turned my boxers to rags as she always tears them to rape me,” a retired soldier, Gafaru Rodoye, told an Igando Customary court in Lagos.

    He told the court on Tuesday that his wife, Idiat, with whom he had five children in their 20-year old marriage, always raped him.

    “My wife always rape me; she had turned all my boxers to rags to achieve her selfish aim,” he said.

    The petitioner said that his wife was in the habit of threatening his life through beating and that he was afraid she might kill him one day.

    “I had to run away from my 16-flat building to rent an apartment elsewhere just to avoid her frequent beatings, but she trailed me to my new apartment to fight me.

    “I have reported her severally to different police stations, but it did not yield any positive result,” he said.

    Gafaru said that his wife poured hot water on the new wife that was brought for him from the village by his family.

    He begged the court to end their 20-year old marriage, saying he was no longer in love as his life was in danger.

    “Please, separate us before my wife kills me, my life is not safe with her, I am a pensioner, I need to enjoy the fruit of my labour,” he said.

    However, Mrs Idiat Rodoye, 44, business woman, denied all the allegations, saying her husband was a womaniser.

    “My husband runs after anything in skirt; he always sends me packing from the house whenever he wants to bring in another woman.

    “He once sent me out with the children for three years.

    “After sending me out, he had married six different women, but none stayed long with him. He will always come back to beg me to pack back,’’ she said.

    The mother of five said she never raped her husband, that it was normal for husband and wife to make love.

    The respondent said that she did not beat her husband, but it was her husband that was always beating her.

    Idiat said that her husband removed the plasma television, air conditioner and disconnected the electricity supply from her flat, leaving her and the children in darkness.

    She urged the court to grant her husband’s wish that she too was tired of the marriage and no longer in love.

    The Court President, Mr. Adegboyega Omilola, adjourned the case to April 5 for further hearing.