The Nation Newspaper

Tag: Court

  • Court annuls revocation letters to Ekiti estate home owners

    Court annuls revocation letters to Ekiti estate home owners

    An Ekiti State High Court sitting in Ado-Ekiti has set aside the revocation letters by the Ekiti State Housing Corporation to home owners at Irewolede Estate in Ado-Ekiti, the state capital.

    A ruling by Justice Bamidele Omotoso on Tuesday in a motion of notice filed by Rafiu O. Balogun on behalf of Irewolede home owners on October 2, last year, asking for an order to nullify and/or set aside the letters of revocation of the allocation to the claimants/applicants’ houses, Omotoso agreed with the argument of the plaintiffs’ counsel that the failure of the government and housing corporation counsel to file a counter affidavit was an admission to all facts deposed to by the plaintiffs.

    The judge said that the defence counsel’s action was an admission that the defendants truly issued letters of revocation during pendency of the matter and the motion for injunction.

    The judge, who relied on  the facts before his court on the issuance of revocation letters to the plaintiffs during pendency of the case, set aside the letters to all the seven claimants.

    The Chairman of Irewolede Estate, Ayo Orebe, and 16 others, had on behalf of other home owners, sued the Housing Corporation over the revocation of the houses they bought on a mortgage arrangement.

    In the terms of purchase orders, house owners were supposed to defray payment between five and 25 years, but the corporation in its letter of notice, said Governor Ayodele Fayose ordered the house owners to pay within one month or lose their houses.

    The plaintiffs, through their counsel, approached the court to plead breach of contract and encroachment on their fundamental human right through forceful ejection.

    But, during the pendency of the matter in court, letters of revocation were issued to the plaintiffs.

    Ruling on the matter, the court held that when parties had approached the court, none of the parties should take any further step in respect of the subject matter.

    Omotoso had in his ruling on December 9, last year, ordered that status quo be maintained by the parties.

    He had said: “I want to remind the parties that having submitted their dispute over to this court for determination, the right to resort to self help ends.

    “So, it will not be right or permissible for any of the parties to take any step during the pending of this suit which may have the effect of foisting upon this court a situation of complete helplessness.  Parties are expected to await the outcome of this suit.”

    The court adjourned till February 22 for the first and second defendants’ motion to amend their witness statement on oath.

  • Maintain status quo, court tells parties in 1004 estate suit

    A Lagos High Court has extended Justice Candide Johnson’s order on  “control and management of 1004 estates by 1004 Estates Limited over the entire parcel of land known as 1004 estates, Victoria Island, Lagos.”

    The order of January 22, 2016, which further restrained the leaders of home owners and Residents Associations (HORA), its appointees and agents (including the Nigeria Police Force and the Nigerian Civil Defence Corps) from presence and any activity on the 1004 Estate. The leaders of 1004 HORA and its agents were also restrained from collecting any monies, including service or electricity charges on the estate.

    After listening to arguments at the resumed hearing, Justice Candide Johnson stated that “there is no dispute that the police, whose further presence or activity was specifically restrained in relation to their involvement with the respondents and in connection with the contractual relationships between the parties herein, nevertheless went into the disputed property after 22/1/2016 court order.

    “Without prejudice to the lawful exercise by the police of their powers, there is need for this court to be fully, properly and formally appraised of the reason for the presence of the police at the property in the face of the court order. This is because if the policehad not gone back into the premises against the contents of the order, perhaps there would have been no confrontation of the type that appears to have resulted thereafter.”

    The new order further requires the police to justify its actions at the next court sitting on February 5, 2016. The court order also maintaining the status of control and management of the estate by 1004 estates limited and restraining collection of any service charges or electricity charges by 1004 HORA or its agents was similarly extended to the next sitting tomorrow.

    The judgement is the latest in finding a solution to the lingering feud brewing between 1004 Limited, managers of the estate and residents of the estate.

    While the manager is raising the alarm over the failure of the residents to honour their part of the agreement and forcefully seeking to take over the estate, the residents differ, alleging that 1004 Limited has not been fair in the management of the property.

  • Court adjourns case on deputy governor’s swearing-in

    Federal High Court,  Akure,  the Ondo State capital, yesterday adjourned till March 23 a case by an Akure lawyer,  Femi Emmanuel Emodamori , on the swearing in of Deputy Governor Lasisi Oluboyo.

    Emodamori sued Oluboyo, Chief Justice Olasehinde Kumuyi and Attorney General Eyitayo Jegede, challenging the legality of the deputy governor’s swearing in.

    The lawyer argued that the action was illegal and contravened the 1999 Constitution.

    At the last sitting, Emodamori argued that the process filed by the defendants was incompetent.

    He said he could not file a reply due to the incompetence of the process.

    He said: “It is respectfully submitted that the processes filed by the first, second, third, fifth and ninth defendants so far are incompetent for not having been filed with affixed Nigeria Bar Association approved stamp of the legal practitioner who signed the process in conformity with Rule 10 (1) of the rules of Professional Conduct for Legal Practitioner.

    But the defence counsel, Kayode Akinrinsola, said the stamp was affixed with the filings in the court, adding that it was an omission that the other filings did not carry the NBA stamp.

    The issue was, however, resolved as the plaintiff was given seven days to file his reply.

  • Court dissolves 22-yr-old marriage in Lagos

    An Igando Customary Court in Lagos yesterday dissolved the 22-year-old marriage between one Samson Atunwa and his wife, Comfort, over irreconcilable differences.

    The divorce hearing began on last October 12, while the marriage was blessed with three children.

    Atunwa had accused his wife of instigating his tenants against him.

    He also accused her of frequent fighting and lack of respect for him and members of his family.

    “My tenants don’t respect me because she discusses my issues with them and they don’t pay rent as at when due. She has no respect for me, she has no regards for my family and I can no longer tolerate this,’’ Samson said.

    Comfort denied all the allegations by her estranged husband.

    She said: “I have never discussed him with his tenants; why would I do that when he feeds me and the children and also takes care of the children from the money realised from rents.

    “I have always shown him respect but I guess my respect is not good enough for him; I am as tired as he is of the marriage.’’

    The President of the court, Adegboyega Omilola, pronounced the marriage dissolved.

    Omilola ordered the plaintiff to pay N15, 000 monthly for the upkeep of the children.

  • Tension in Abia as court hears Ikpeazu’s appeal

    Tension in Abia as court hears Ikpeazu’s appeal

    There is uneasy calm in the Abia State Peoples Democratic Party (PDP) and All Progressives Grand Alliance (APGA), as the Supreme Court begins hearing on Governor Okezie Ikpeazu’s appeal.

    Ikpeazu challenged the Appeal Court’s judgment, which sacked him and declared Alex Otti of APGA winner of the April 2015 governorship election.

    It was gathered that while some party members were optimistic of a favourable ruling, others were skeptical. Party members have also been mobilised to leave for Abuja ahead of today’s sitting.

    Some party supporters, who pleaded for anonymity, said they would accept the ruling anyhow it comes.

    A supporter said: “You know what happened in Rivers and Ebonyi States when they came up for hearing at the Supreme Court. Such a thing may happen in Abia’s case and as I speak with you, we are on our way to Abuja ahead of tomorrow’s (today’s) sitting.

    “The Supreme Court, like you know, is the apex court and whatever its decision is, we will abide by it. But I am sure that our candidate will get a fair hearing.”

    It was also gathered that security agencies have tightened their units to avoid unwarranted scenes.

     

  • ‎Court frees accused man after seven years without trial

    ‎Court frees accused man after seven years without trial

    Justice Sedoten Ogunsanya of a Lagos State High Court, sitting in Ikeja Tuesday set free a 40 year old man, Dona Jamari, accused of armed robbery after spending seven years in prison custody without trial.

    A Police prosecutor had alleged that the defendant, armed with a sharp dagger knife, razor blade and charms ‎robbed one Habib Saidu of a Samsung handset valued at N16, 000.00.

    The defendant was said to have committed the offence on March 25, 2009.

    The prosecution had then alleged before the court that the defendant committed armed robbery contrary to Section 402(2)(a) of the Criminal Code Law Cap C17 Vol. 2 Laws of Lagos State, 2003.

    However, at the resumed hearing of the matter Tuesday, counsels from the Office of the Public Defender (OPD), Jamiu Alapo and K.O Adebayo told the court that the prosecution has not been forthcoming with witnesses to give evidence in the matter in spite of several adjournments over the last seven years.

    The defence counsels pleaded with the court to release their client from prison custody for lack of diligent prosecution by the prosecution in the interest of justice and fairness.

    They submitted that there was no need to continue to hold the defendant in Ikoyi prison custody since prosecution has since 2009 stopped coming to court‎.

    The trial judge, Justice Ogunsanya upheld their submission and granted their prayer and ordered immediate release of the custody from prison custody.

    The defendant, Jamarin, walked out of the court a free man at 11: 30a.m.

     

  • I’m Ojukwu’s only legal wife, Bianca tells court

    I’m Ojukwu’s only legal wife, Bianca tells court

    The widow of the late Ikemba of Nnewi, Chukwuemeka Odimegwu Ojukwu, Bianca Ojukwu Monday told a Lagos State High Court sitting in Igbosere that she is the only woman that was legally married to him.

    Mrs. Ojukwu said this during her Evidence-in-Chief before Justice Abdulfattah Lawal‎, in the ongoing legal battle between her children and the deceased’s brothers over the family estate

    She admitted that Ojukwu has eight children who include the claimants, Afamefuna and Nwachukwu, but that being the only one that was wedded by her late husband in court, church and according to traditional marriage rites, she is the only one that was legally married to him.

    The former beauty queen admitted that neither she nor her children are shareholders or directors in Ojukwu Transport Limited (OTL), one of the properties in the family estate.

    Under Cross Examination Bianca told the court that the suit filed before the court is for the preservation of the rights of her children alone and not that of Ojukwu’s other children.

    The witness further informed the court that some of the OTL property in question had been in the possession of her husband before his demise, adding that the rent of those properties were collected by him.

    Mrs. Ojukwu had on behalf of her two under-aged children, Afamefuna and Nwachukwu (claimants) dragged Ojukwu Transport Limited (OTL) and seven others before the High Court over an alleged move by the family to eject her sons from the company’s property located in Lagos.

    She had asked the court to declare that her children are entitled to the possession and occupation of one of the property known as No. 29 Oyinkan Abayomi Street, Ikoyi, Lagos, until the harmonisation of the management and administration of the assets of the first defendant (OTL).

    The defendants in the suit are; Prof. Joseph Ojukwu, Engr. Emmanuel Ojukwu, Lotanna Putalora Ojukwu, Dr Patrick Ojukwu, Arc Edward Ojukwu, Lota Akajiora Ojukwu and Mrs. Massey Udegbe (doing business under Massey Udegbe & Company).‎‎

    In their statement of claim, Bianca, and her two children prayed the court to declare that the threat of forceful ejection from 29 Oyinkan Abayomi Street by the defendants is illegal.

    She is also asking the court for a declaration that her children are entitled to possess the following property, namely: No. 13 Hawksworth Road, Ikoyi (now known as No. 13 Ojora Road); No. 32A Commercial Avenue, Yaba, Lagos; No. 30 Gerard Road, Ikoyi, Lagos and No. 30 McPherson Avenue, Ikoyi.

    According to her, the properties were in the possession of the Chukwuemeka Odimegwu Ojukwu – the father of the claimants – from the time the properties were released from government acquisition till date.

    The claimants stated that throughout the period their father was struggling to retrieve the properties from the government, the second to seventh defendants “never played any role in the struggle nor contributed financially or otherwise to the realisation of the struggle.”

    However, Justice Lawal adjourned the matter till today, for continuation of Cross Examination of Bianca.

  • Court denies Kanu, others bail

    Court denies Kanu, others bail

    A Federal High Court, Abuja on Friday dismissed the bail application of Nnamdi Kanu, the leader of Indigenous People of Biafra (IPB) and founder, Radio Biafra.

    The News Agency of Nigeria (NAN) reports that Benjamin Madubugwu and David Nwawuisi charged along with Kanu were also denied bail.

    Delivering ruling, Justice John Tsoho held that the applicants failed to meet up with the requirements to be admitted on bail.

    “The application is hereby refused and the applicants are ordered to be remanded in Kuje prison pending the determination of the case,’’ Tsoho held.

    Specifically, the judge held that the bail was refused because of the nature of the alleged crime against the accused persons – treasonable felony, conspiracy and possession of unlawful fire-arm.

    Tsoho said that, if granted bail, there was higher propensity for the applicants to continue with the agitation for the actualisation of the State of Biafra.

    “The contention between the prosecution and the defendants hinges on the un-disclaimed readiness of Kanu and his group to continue with their agitation and the mandate of the Federal Government to maintain law and order.

    “The court is therefore, inclined to believing that the applicants are prepared to stir unrest as submitted by the prosecution.

    “The first applicant (Kanu) is said to have a dual citizenship, being a citizen of Nigeria and Britain.

    “This dual status widens probability to escape from justice,’’ he held.

    Tsoho further said that in line with the provisions of Sections 162 and 168 of the Administration of Criminal Justice Act (ACJA) applicant for bail shall fulfill some criteria.

    “These criteria include, but not limited to; the nature of charge, security of listed witnesses, pending criminal record of applicant, probability of applicant of not surrendering himself for trial and punishment allotted to crime committed.

    “From the addresses before me, it is clear that the applicants have failed to dispel the fears raised by the prosecution team.

    “The prosecution has urged the court to take judicial notice of the veracity of the charge and the life punishment the treason allegation attracts,’’ Tsoho said.

    The Judge also held that it was wrong for the defendant counsel to insinuate that the ACJA makes granting of bail mandatory.

    The Judge adjourned till Feb. 9 to Feb. 12 for definite trial.

    Speaking to newsmen after the session, Chief Chucks Muoma (SAN), counsel to the applicants said the decision would be appealed.

  • Co-accused’s absence stalls Ex-NIMASA DG’s trial

    Co-accused’s absence stalls Ex-NIMASA DG’s trial

    The trial of a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), , was stalled at the Federal High Court in Lagos Friday due to the sixth defendant’s absence.

    The Economic and Financial Crimes Commission (EFCC) arraigned him and nine others, including two companies, before Justice Saliu Saidu.

    They were accused of conspiring to convert N3.4 billion belonging to NIMASA.  The commission said the money “was derived from stealing”.

    EFCC said the alleged offence contravened Section 18 (a) of the Money Laundering (Prohibition/Amendment) Act of 2012 and punishable under Section 15 (3).

    The other accused are Captain Ezekiel Agaba, Ekene Nwakuche, Felix Bob-Nabena, Captain Warredi Enisuoh, Governor Juan, Ugo Fredrick, Timi Alari and two companies Al-Kenzo Limited and Peniel Engineering Services Limited.

    All of them were in court Friday, except Juan, who was said to be in prison custody due to his inability to meet a bail condition granted him in a separate charge by a Lagos High Court.

    His lawyer, Ige Ashemudare, said: “The sixth defendant is not in court. He is confined in prison custody. He has not been able to perfect the bail condition as we speak. He’s still in custody.”

    EFCC’s lawyer Festus Keyamo said he was informed about Juan’s inability to meet his bail condition.

    He, therefore, did not oppose Ashemudare’s application for an adjournment.

    “In the circumstance, all of us (prosecution and defence counsel) have put heads together to agree on a date, subject to the convenience of the court,” he said.

    The accused persons alleged converted the money to their use between December 2013 and July 15 last year.

    In count one, the defendants allegedly “conspired among themselves to commit an offence, to wit: conversion of N1, 151,214,000.00, property of NIMASA, money derived from stealing…”

    EFCC said on December 23, 2013, the defendants allegedly converted N861.5 million. On July 7 and 15 this year, they allegedly converted N235.4 million.

    Akpobolokemi, Agaba, Nwakuche and Al-Kenzo were accused of converting N60 million, which they “derived from stealing,” among others. They all pleaded not guilty to all counts.

    Akpobolokemi is facing four criminal charges at the Federal High Court, and one at the Lagos High Court.

    In one of the pending charges, his co-accused is a former Niger Delta militant, Government Ekpemupolo (alias Tompolo), who a bench was issued for his arrest.

    Trial has begun in one of the charges before Justice Ibrahim, with two witnesses already called.

    However, no witness has testified in the case before Justice Saidu, who‎ adjourned till February 17 and 18.

     

  • Olubadan: Court to hear motion seeking to stop appointment

    Olubadan: Court to hear motion seeking to stop appointment

    An Oyo State High Court, Ibadan on Thursday fixed Feb. 16 for hearing in a motion seeking to stop the Olubadan-in-Council from appointing the new Olubadan of Ibadan land.

    Justice Muktar Abimbola fixed the date at the resumed hearing of a case filed by Chief Adebayo Oyediji and others against the state government, the Council and other contending lines to Olubadan throne.

    The News Agency of Nigeria (NAN) reports that Oyediji of Seriki Chieftancy line is claiming that it is the turn of their line to produce the next Olubadan, following the death of Oba Samuel Odunlana.

    The plaintiff is challenging the alleged consistent occupation of the throne by the Olubadan chieftaincy line and the Balogun Chieftaincy line.

    When the case came up on Thursday, lawyer to the Olubadan-in-Council, Mr Micheal Lana informed the court that he was just coming into the matter for the first time.

    Lana said that he needed time to react to the motion and prayed for an adjournment.

    Mr Abideen Adediran, the lawyer to the plaintiff, however, opposed the application for adjournment, arguing that his motion has been served on the respondents since Jan.14.

    Adediran said the respondents ought to have filed their counter-motion.

    He alleged that the respondents were seeking the adjournment to delay hearing in the motion and fill the position of Olubadan before the next hearing date.

    The lawyer drew the attention of the court to its subsisting order of interim injunction restraining the respondents from filling any of vacant high chief positions of and the Olubadan.

    He alleged that the Olubadan and the Balogun lines had disobeyed the order of the court by filling all the vacant high chief positions -“Ekerin’’, “Asipa’’, “Otun’’ and “Osi’’.

    Adediran prayed the court to set aside all the purported appointments.

    Other respondents in the suit are Chief Adeleke Ajani, Chief Saliu Adetunji and Chief Busari Alarape.