Tag: Court

•Prosecution alleges threat to witnesses
•Kanu refuses to alight from prison vehicle

Justice James Tsoho of the Federal High Court, Abuja yesterday rejected an application by pro-Biafra agitator Nnamdi Kanu for the release of some of his seized items not listed as exhibits in his trial.

Kanu and his associates – David Nwawusi and Benjamin Madubugwu – are being prosecuted on a six-count of treasonable felony, unlawful possession of firearms and other offences bordering on their agitation for secession of the ‘Republic of Biafra’ from Nigeria.

Before the start of proceedings yesterday, Kanu initially refused to alight from the prison vehicle that brought him and others to court from the Kuje prison, Abuja.

It took the intervention of his lawyer Chuks Muoma (SAN) before he could agree to be led by prison officials to the courtroom on the third floor of the court’s building.

On getting to the third floor, Kanu also resisted attempt by prison officials to remove the handcuffs on his wrists.

His lawyer equally intervened later to save the situation.

When proceedings commenced, Muoma applied orally for the release of the items seized from his client on the grounds that the prosecution would not require them in prosecuting the case as they were not listed as part of exhibits to be tendered.

The items, Muoma said, are Nigerian and British international passports and cash of $2,200 and N87,000.

Justice Tsoho dismissed the application for lacking in merit in a bench ruling, which he delivered shortly after entertaining arguments on it.

He held that although the items were not listed as possible exhibits, it did not foreclose the possibility of their being later used by the prosecution.

The judge believed that since the prosecution was at liberty to call any witness at any time, it could also decide to tender any exhibit without prior listing.

Shortly after the judge’s ruling, the lead prosecution lawyer, Mohammed Diri, complained that the prosecution’s witnesses were receiving threat messages on their telephones and applied that they be shielded from public view.

Diri, who is the director of Public Prosecution of the Federation (DPPF), said: “We filed it because many of our witnesses have been telling us that they are receiving threat messages on their telephones warning them not to appear in the case.”

Muoma indicated his intention to oppose the application, arguing that it was unecessary because the case was not a terrorism trial.

Justice Tsoho adjourned to February 19 for the hearing of the application, before which the defence was expected to file his response.

 

Before adjourning, the judge granted the defence’s request that relatives of the defendants be allowed in court to witness proceedings.

Justice Tsoho said they entry into the court would be subject to security screening and the capacity of the court at aby sitting.

 

 

•Dismisses application to quash order

Justice Ibrahim Buba of the Federal High Court in Lagos yesterday directed security agencies to arrest a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo).

He held that the warrant of arrest issued for Tompolo’s arrest still subsists.

The judge said “all authorities” are under obligation to ensure that Tompolo is arrested and produced in court.

Justice Buba dismissed Tompolo’s application seeking to quash the warrant of arrest issued to compel his appearance.

The judge, on Jan 14, issued the warrant after Tompolo failed to report in court to face criminal charges filed against him by the Economic and Financial Crimes Commission (EFCC).

He earlier issued a summon on Tompolo, documents, which EFCC lawyer Festus Keyamo said were duly pasted on a conspicuous part of Tompolo’s home at 1, Chief Agbanu DDPA Extension, Warri, Delta State.

But Tompolo claimed the EFCC did not follow due process in applying for an order of substituted service of the criminal charge against him.

He claimed the documents were sent to a wrong address.

Besides, he said no service  was effected as directed by the court before the EFCC applied for a warrant of arrest against him.

Tompolo, through his lawyers Tayo Oyetibo (SAN), Ebun Olu-Adegboruwa and others, said he was yet to be served with the criminal charge or any warrant of arrest.

Arguing the application yesterday, Oyetibo said Tompolo was not served with the processes, as they were posted on a wrong address.

Besides, he said the prosecution first applied to the court as a “plaintiff” for the issuance of the summons before it altered it to “complainant” without leave of the court.

Dismissing the application, Justice Buba held it was “misconceived”.

“Nobody is misled; I am not misled,” said the judge.

According to him, the fact that Tompolo briefed lawyers to represent him means he was aware of the charge and summons.

“Not only is he aware of the charge, he briefed learned counsel,” he said.

Justice Buba said no judge worth his onion would be swayed by irrelevant arguments as made by Tompolo’s lawyers.

“No judge should be carried away as to be derailed by technicalities,” he said.

According to the judge, even without a warrant of arrest issued by the court, EFCC is constitutionally empowered to arrest suspects, who refuse to turn up for interrogation voluntarily.

“The order for substituted service is more than justified,” he said.

The judge also referred to documents in which Tompolo’s lawyers stated: “We have been briefed by the first defendant (Tompolo)…”

He said: “What then are we here talking about? The first defendant is aware of the charge. This application is misconceived and is lacking in merit. The order for the arrest of the first defendant subsists.”

Oyetibo sought an adjournment to enable him study and respond to EFCC’s counter-affidavit. He said he was only served last Friday.

But Keyamo opposed the application for an adjournment. He said: “The purpose of substituted service is to bring to the attention of the accused that a charge is pending against him. The purpose has been achieved because he (Tompolo) has briefed counsel.

“The first mark of respect for the authority is to be present in court. The failure of the accused to be here is contemptuous of this court; it’s an affront on the dignity of this court.

“I’ll urge your Lordship to discountenance any application for an adjournment.”

When Oyetibo insisted on exercising his right to respond to Keyamo’s counter-affidavit, the EFCC lawyer offered to withdraw it to pave the way for Oyetibo to move his application.

Justice Buba noted that the summons issued on Tompolo must not necessarily be posted on his home.

“We can even place it here in court. We can post it in a market,” he said, adding the important thing is for an accused to become aware of it.

Other accused in the matter are a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) Patrick Akpobolokemi; Global West Vessel Specialist Limited, Odimiri Electricals Limited, Kemi Engozu, Boloboere Property and Estate Limited, Rex Elem, Destre Consult Limited, Gregory Mbonu and Captain Warredi Enisuoh.

EFCC, in the 40-count charge, said the suspects allegedly diverted N34 billion for personal use.

The money, said the prosecution, accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist Limited.

The alleged offence contravenes Section 15 (1) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

Justice Buba adjourned till February 19.

 

An Ibadan Chief Magistrate’s Court sitting in Iyaganku, yesterday remanded Mrs. Yewande Oyeniran, who allegedly stabbed her husband, Lowo Oyeniran, to death on February 2, 2016, at Akobo area of Ibadan, in prison custody.

 There was a mild drama at the premises of the court when the two family members of the couple, confronted each other with abusive songs.

The presiding chief magistrate, Mrs Kehinde Durosaro-Tijani, in the case marked: MI/1539/2016, ordered that the accused person should be remanded in Agodi Prisons and adjourned the case to February 16 for mention.

The prosecuting police officer, Inspector Amos Adewale, had preferred one-count charge against the suspect, who pleaded not guilty.

The prosecutor, told the court that “Yewande on February 2, 2016, at about 06:10am at No 30 Abidi Odan Akobo area, Ibadan in the Ibadan Magisterial District did unlawfully cause the death of one Oyelowo Oyediran, 38, by stabbing him with knife on the neck, which later resulted to his death.”

He further told the court that the accused had committed an offence contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap 38 Volume II Laws of Oyo State of Nigeria, 2000.

The court rejected a request by the defence counsel, Mr Seun Abimbola, to have Yewande remanded in police custody because she was traumatised as a result of the incident.

Another drama occurred when some officials of the Nigerian Prisons Service threatened to attack journalists and photographers who had positioned themselves near a Black Maria that was to convey Yewande and other accused persons to Agodi Prisons.

The suspect was however conveyed out of the court premises in a blue Primera Nissan car purportedly owned by a lawyer, while other accused persons were taken to Agodi Prisons in a Black Maria.

When leaving the court room, Yewande was led downstairs through the staircases in the dock, which prevented journalists from capturing her picture. She was led through Court Five into the blue Nissan Primera car probably to shield her from the waiting cameras of journalists.

There was jubilation in Abia and Akwa Ibom states yesterday over  the Supreme Court judgments that reaffirmed the election of Governors Okezie Ikpeazu and Udom Emmanuel.

Dr Ikpeazu arrived in Umuahia, the Abia State capital, amidst cheers from the people. He drove round the city, waving at the people and beaming with smiles.

The governor, was welcomed into the city with cannon shots,  addressed the people at the Okpara auditorium.

Ikpeazu thanked God for the several battles he fought to reclaim his mandate, saying he could not have succeded without God.

Ikpeazu dedicated his victory at the apex court to God and the good people of the state. “We have been fighting this political war from April 11-25 till now which has ended at the Supreme Court,” he said, adding:

“At the beginning of this battle I proclaimed my faith in the God, I could not have done anything without God who has seen me through all these battles with victory.”

I have forgiven those who battled me as a Christian as it is the project of God and not mine. I leave you with these words from Galatians 6: 17. From now on, let no one trouble me, for I bear in my body the marks of my Lord Jesus.”

Former House of Assembly Speaker Chris Enweremadu described the judgment as strengthening his belief in the judicial system.

He said: “I am happy that the antics of some persons to disenfranchise me, my local government area, our sister council areas like Osisoma, Isiala Ngwa North and Obingwa was not allowed to happen.”

Governor’s Media Assistant, Ugochukwu Emezue described the apex court victory as a confirmation that God’s hand is upon Abia State.

Emezue said: “This judgment has rekindled the hopes of Abians, this judgment will spur the governor to greater heights in terms of the provision of infrastructure and other social amenities.”

While some members of the PDP were jubilating, All Progressives Grand Alliance (APGA) supporters were sad.

Publicity Secretary Mr. Uchechi Ogbuka said: “I want to thank God for the victory that he gave Governor Ikpeazu at the Supreme Court on Wednesday. The election was won from the stage one but people think that they can truncate.

“I want to assure Abians that in less than no time, the history and story of Abians will change for good for all, based on what he has done in the state less than eight months in office. Now that he has relaxed, he is going to double his efforts. Abians should give this government a chance. They should respect the government and support the government to enable the govenor take us to the next level of development.”