The Nation Newspaper

Tag: Court

  • IPOB/MASSOB members arraigned in court

    IPOB/MASSOB members arraigned in court

    Twenty six suspected members of both Indigenous People of Biafra (IPOB) and Movement for the Actualization of the Sovereign State of Biafra (MASSOB) who were arrested on Monday have been arraigned in court for trial.

    Recall that members of IPOB and MASSOB were arrested in different parts of Aba, the commercial nerve of Abia State when the two groups clashed with security agencies during the protest that not only crippled economic and social activities in Aba, but also led to the death and injuring of many including innocent residents who were hit by expended stray live ammunition from soldiers firearm.

    They were arrested in different parts of the commercial city The State Police Public Relations Officer, PPRO; DSP Ezekiel Onyeke Udeviotu in a telephone interview on Wednesday told our correspondent that the IPOB and MASSOB members were arraigned before a magistrate court sitting in Umuahia, the state capital.

    According to him, they were arraigned on a three count of, (i) conspiracy to commit felony to wit being members of unlawful society (ii) Belonging to MASSOB/IPOB which is an unlawful society and (iii) Having in possession/under their control cutlasses, MASSOB/IPOB flags I.D cards, mufflers, T-shirts among other insigmas.

    The state PPRO though could not immediately state their bail conditions, further disclosed that five out of the twenty six IPOB and MASSOB members met their bail conditions while others were remanded in prison custody until they meet their bail conditions.

    However, residents of Aba have condemned in strong terms the use of live ammunition on the protesters by soldiers while trying to stop them from taking to the streets.

    According some of them including Mr. Ignatius Okoro, “as much as we are not in support of the protest because of the negative effect it has on our businesses, we want to say that use of live firearms on armless protesters is condemnable and can only be used in a clime like ours. We used to see where in Europe they use hot water or even rubber bullet in worst cases and not live firearms as it was the case on Monday. It is high time army authority calls for probe over the involvement and activities of their officers in the protest on Monday and we want to call on civil societies in the country to rise up and question the army on why they should use such a dangerous weapon on the protesters.”

  • Arrested MASSOB protesters charged to court in Enugu

    Arrested MASSOB protesters charged to court in Enugu

    Enugu state police command stated Tuesday that the pro-Biafra protesters arrested in Enugu were mainly non residents and have been charged to court for unlawful assembly.

    According to police spokesman, Ebere Amaraizu, they were assembling at the Naira Triangle on Monday night.

    A statement by Amaraizu said: ‎”This attracted attention of the officers and men of the command and following the failure of the said persons to disperse after being so requested by the police.”

    A number were arrested in the process while others fled.

    The arrested persons include Nwangwu Friday m of 26 years, Chekwube Eneta m 28 years, Chigozie Mba 29 years, Isaiah Ogazi m 28 years, Onyekachukwu Uzoma 43 years, Onyemalu Princewill m 26 years, Israel Ani 18 years and Ugwuobu Kelechi 24 years.

    Investigations disclosed that many of them were from other states but were hired to be in Enugu for unlawful assembly and processions.

    However, the command promptly charged suspects to magistrate court 111 Enugu East in charge Number CME 121C/2016 on 19/1/16 for the offences as mentioned above.

    Meanwhile, when the case was called up and counts of the charge read to the accused persons, they pleaded not guilty and were remanded in prison custody while the case is adjourned to February 10.

    The command will leave no stone is left unturned in ensuring that Enugu state remains peaceful.

     

     

  • Suswam authorised sale of Benue shares- BIPC boss

    Suswam authorised sale of Benue shares- BIPC boss

    A Federal High Court in Abuja Tuesday heard how former Benue State governor, Gabriel Suswam allegedly ordered the sale of the state’s shares at N10billion.

    The Chief Executive Officer of the state’s investment firm, the Benue Investment and Property Company (BIPC) Limited, Mrs. Brigid Shiedu gave details of how the governor authorised the sale of the shares.

    Mrs. Shiedu testified as prosecution witness in the trial of Suswam and the state’s ex-Finance Commissioner, Omodachi Oklobia.

    Suswam  is currently being tried, with Oklobia, on a nine-count charge of money laundering, in which they were among others, accused of diverting N3, 111,008,018.51k (about N3.1billion) which form part of the N9,411,708,009.51k (about N9.4billion) recovered from the sale of Benue State’s shares.

    When trial opened on December 8, 2015 a prosecution witness, Junaidu Sidu told the court how Suswam and Oklobia allegedly connived to divert about N3.1b from the share sale proceeds, using a bureau de charge operator, Abubakar Umar of Fanffash Resources Limited, who allegedly converted the money to $15,800,000 (USD) which he purportedly handed to Suswam in cash at his (Suswam’s) residence in Maitama, Abuja.

    Mrs Shiedu said out of the N10bn realised from the sales of the shares, the BIPC Limited was instructed to retain N1bn for the running of the company and reinvestment in real estate business which is part of the company’s areas of interest.

    She said the state government’s sole stockbroker, Elixir Securities Limited, which sold the shares on behalf of the state paid the balance of N9bn into the two accounts of the Ministry of Finance with Zenith Bank.

    Mrs. Shiedu, who was led in evidence by prosecution lawyer, Rotimi Jacobs (SAN), said that Suswam had initially instructed her company  to raise N6bn, but later raised it to N10bn, claiming the money would be deployed for the completion of some ongoing projects in the state.

    “We discussed on the amount that would be liquidated at the meeting and thereafter we agreed on the sum of N6bn to be raised from the sales of the shares.

    “Thereafter the chairman of the board was also invited by the governor. The chairman came and was also informed of this development.

    “But the Chairman said the matter needed to be discussed at a full board meeting. So we scheduled a board meeting and the matter was discussed.

    “It was at the board meeting that the then Commissioner of Finance (Okolobia) said that due to the magnitude of the need of the state for fund at that time, the amount to be liquidated from the shares as later agreed between him and the governor was N10bn. The board also invited the stockbroker, Elixir Security Ltd, to come and advise about how the money could be raised from the shares,” the witness said.

    She added that the approval for the sale of the shares eventually came from Suswam as governor through the office of Government House Administration.

    She further said: “They now went to the stock market and started selling some of the shares. I wrote a letter to the then Governor of Benue State for approval for the sale of the shares to go into the transaction and I was given the approval.  The governor was Rt. Hon. Gabriel Suswam. Approval came through Government House Administration Office.

    “When they sold the shares, they asked us where the proceeds were to be deposited.When I contacted the Commissioner for Finance (Oklobia), he sent two account numbers to me.

    “He sent the account numbers through the Ministry of Finance letterhead. The two accounts were with Zenith Bank Plc.”

    The letters of correspondent between her and the governor, which Mrs. Shiedu referred to, were tendered and admitted as exhibits.

    Although the defence objected to the admission of the letters, the judge, Justice Ahmed Mohammed said the documents would be temporarily admitted until the prosecution was able to prove that BIPC is a public institution.

    Justice Mohammed adjourned to February 15 for continuation of trial.

  • Update: Court grants Metuh N400m bail

    Update: Court grants Metuh N400m bail

    • To remain in Kuje prison until he meets bail conditions

     

    Detained spokesman of the Peoples Democratic Party (PDP), Olisa Metuh got a breather Tuesday at a Federal High Court in Abuja granted him bail at N400million.

    Metuh, who was on January 15 remanded in Kuje prison, Abuja after his arraignment, is to remain in prison until he is able to meet the bail conditions.

    Justice Okon Abang, in a ruling Tuesday on Metuh’s bail application, also directed him to produce two sureties, who must each signed bond of N200m.

    The judge said the sureties must own houses in Maitama, a highbrow area in the Federal Capital Territory (FCT).

    Justice Abang said officials of the court must verify the property documents in respects of the property submitted by the sureties.

    He directed the prosecuting agency, the Economic and Financial Crimes Commission (EFCC) to confirm the title documents of the property pledged by the sureties and their addresses.

    The judge, in granting the bail, noted that the offences for which the applicant was standing trial were bailable.

    He said, under the nation’s criminal justice system, an accused is presumed innocent until proven otherwise.

    The judge was of the view that the prosecution’s allegation that Metuh tore his statement was not established.

    Metuh is charged with breach of public trust, corrupt acquisition of public funds and money laundering.

    The commission said, in the charge, that a former Chairman, Board of Trustee (BOT) of the Peoples Democratic Party (PDP), Anthony Anenih benefited from the N400million allegedly received by the party’s spokesman, Olisa Metuh.

    EFCC accused Metuh of receiving the N400m from “an unlawful activity” of the immediate past National Security Adviser (NSA), Mohammed Sambo Dasuki.

    The commission said its investigation also revealed that Metuh allegedly transferred $2million United. States dollars, through one of his agents, Nneka Nicole Ararume, to Sie Iyenome and Kabiru Ibrahim of Capital Field Investment, an organisation it found not to be a financial institution.

    The EFCC was silent on why Metuh gave Anenih N21, 776,000 and for what purpose.

    The commission, which was also silent on what investment Metuh made with the $2m, said it will lead evidence to that effect at trial.

    Earlier while moving the bail application, Metuh’s lawyer, Chris Uche (SAN) urged the court to admit his client to bail on the ground that the alleged offences were bailable.

    He noted that under the Money Laundering Act, where Metuh was charged, the offences which attract a maximum of 7 years are not severe as claimed by the prosecution.

    Uche denied the prosecution’s argument that Metuh could interfere with investigation.

    He said his client will not evade trial as he is a known personality. He urged the court to grant him on liberal terms or if possible, on self recognition.

    Responding, prosecution lawyer, Sylvester Tahir objected to the granting of bail to Metuh.

    He argued that aside that Metuh could tamper with the course of justice, having allegedly torn his statement, he was yet to provide sufficient material to move the court to exercise its discretion in his favour.

    Tahir urged the court to be guided by the additional conditions contained in Section 162(c) (d) & (f) of the Administration of Criminal Justice Act (ACJA) 2015 before determining the application.

    He noted that thesection of the ACJA provides that where an applicant was seen as being capable of tampering with investigation, prosecution’s evidence and the course of justice, he could be denied bail.

    He said further investigation was still on and that there was the possibility that further investigation may link the applicant as well as the likelihood of further charges being filed.

    On argument that his detention at the EFCC before his arraignment was unlawful, Tahir relied on Section 293 of ACJA 2015 which, he said  empowers the Magistrate to entertain application for remand, to argue that Metuh’s detention before his arraignment was lawful.

    Justice Abang has adjourned to January 25 for the commencement of trial.

     

  • Two women remanded for stealing Audi car

    Two women remanded for stealing Audi car

    Two women, Aisha Osazee aged 30 and Faith Agamwonyi aged 29 have been remanded in prison custody over theft of an Audi car.

    They were arraigned before an Oredo Magistrate’s Court sitting in Benin City.

    Other items stolen by the suspects were one Nokia phone worth N15, 000 and the cash sum of N1,500.

    Police Prosecutor, Inspector Sylvester Omor, told the court that the offence was committed on December 16, 2015.

    Omor said the suspects hired the car marked TA 180 KJA to take them to a night party at the Government Reservation Area.

    He told the court that the suspect asked the driver to stop the car at a junction to
    enable them pick a cartoon of beer when other members of the gang attacked the driver and snatched the car valued at N550, 000.

    He said that the offence contravened section 403 (a) and 402 of the criminal Code Cap. 48 Vol. ll laws of the defunct Bendel State of Nigeria 1976 as applicable in Edo.

    Presiding Magistrate, Mrs. C.A. Nwoha, ruled that the Court lack jurisdiction to entertain the case, and ordered the case file sent to the Department of Public Prosecution for legal advice.

    Nwoha adjourned the case till Feb. 29 for mentioning.

  • Court declines jurisdiction on NCP’s suit

    Court declines jurisdiction on NCP’s suit

    A Lagos State High Court sitting in Igbosere yesterday declined further jurisdiction in a suit by the National Conscience Party (NCP), challenging the appointment of executive secretaries to manage the affairs of the 57 Local Governments and Local Council Development Areas (LCDAs).

    Justice Abdulfatai Lawal had fixed the matter for hearing of the applications for stay of execution of the earlier judgment delivered by the court on October 23, last year, but elected to decline further jurisdiction after confirming that the records of proceedings have been transmitted to the Court of Appeal.

    In the said judgment, Justice Lawal had declared the appointment of caretaker committees in Lagos State as illegal and unconstitutional.

    He ordered the State Independent Electoral Commission (LASIEC) to conduct election within 30 days.

    Dissatisfied, the government filed a notice of appeal against the judgment and prayed the court to stay execution of the judgment, pending the hearing and determination of the appeal.

    At the resumed hearing, a counsel representing the Attorney General and Commissioner for Justice, Adeniji Kazeem, informed the court that the records of appeal had been transmitted to the Appeal Court, thereby ousting the jurisdiction of the High Court to continue with the matter in accordance with Order 4 Rule 10 and 11 of the Court of Appeal Rules 2011.

    The trial judge, who agreed with the argument, held that indeed his court had become functus officio of the matter, and subsequently declined jurisdiction.

    The records of proceedings transmitted to the Court of Appeal were dated November 17, last year.

    The government and LAISEC are contending that unless the Independent National Electoral Commission (INEC) gave voter register to LAISEC, election cannot be conducted in the state.

    They argued further that the delay in the conduct of elections could not be blamed on the government, and thereby urged the court to dismiss the case.

    The Court of Appeal is yet to give a date for hearing of the appeal.

  • Six herdsmen remanded for alleged kidnapping

    Six herdsmen remanded for alleged kidnapping

    An Oyo State High Court, Ibadan Monday remanded six Fulani herdsmen in prison custody for alleged kidnapping and illegal possession of firearms.

    The accused, Abdullahi Mohammed, 35, Abubakar Abubakar, 28, Damanya Gambo, 30, Usman Saidu, 30, Usman Idris, 35 and Hassan Maikudi, 30, were remanded by Justice M. L. Abimbola, after their arraignment.

    It was alleged that accused have terrorised Okeho, a border town between Oyo and Benin Republic kidnapping prominent residents.

    They were said to have been arrested by the Inspector General of Police (IGP) Intelligence Response Team (IRT), which raided the community and apprehended the suspects.

    The police alleged that one of the suspects, Maikudi led his gang to abduct his father, Alhaji Idris Maikudi, after which a ransom of N1.5million was paid to secure his release.

    According to the police, their alleged offence was punishable under Section 364(1)(2) of the Criminal Code, Laws of the Oyo State, 2000.

    When the charge was read to them, the accused persons pleaded not guilty.

    Subsequently, the presiding judge remanded them in prison custody and adjourned the case to February 2, for hearing.

  • N34b: Why I’ve not gone to court, by Tompolo

    N34b: Why I’ve not gone to court, by Tompolo

    •Take your defence to the judge, says Keyamo
    •Ex-MEND leader disowns attacks on pipelines

    A Leader of the defunct Movement for the Emancipation of the Niger Delta (MEND), Chief Government Ekpemupolo, has explained why he has not appeared in court on the alleged N34 billion fraud, for which an order of arrest was issued on him.

    Ekpemupolo, in an open letter to President Muhammadu Buhari, said he has nothing to do with the matter in court. He blamed his refusal to appear in court on the Economic and Financial Crimes Commission (EFCC), its lawyer Festus Keyamo and some ex-Peoples Democratic Party (PDP) members, who defected to the All Progressives Congress (APC).

    He accused ex-Bayelsa State Governor Timipre Sylva of being after him.

    Tompolo said: “The truth of the matter is that I do not know anything about the N34 billion Economic and Financial Crimes Commission (EFCC) is talking about. First, it was N13 billion issue, now it is N34 billion.

    “I am not a signatory to any of the companies mentioned in the said N34 billion case, so I do not know where this one is coming from.

    “I know that God in His infinite mercy will see me through in this critical moment.”

    The letter sent to our reporter yesterday by his media aide, Comrade Paul Bebenimbo, accused the EFCC and its team of lawyers of using the case for personal vendetta against him.

    Tompolo, who is accused of being behind destruction of oil facilities in Delta State, urged President Buhari to be wary of some of his party members in the Niger Delta, particularly those who left the PDP for the APC.

    He said: “They (APC members) are the ones carrying out the act to smear my name. They are doing this in connivance with the EFCC lawyer, who is also a member of your party, who is in the forefront of prosecuting me because I refused to buy a property from him.”

    “As for the EFCC lawyer, he approached me some years back that I should come to Abuja and Lagos to buy some choice property worth billions of naira from him. I told him that I do not have such money to buy property.

    “Since then he has been looking for any opportunity to drag me into matters I do not know anything about. And this is one of the reasons why I have not appeared in the court because he is not qualified to prosecute me,” he added.

    But Keyamo, when contacted, waved off Tompolo’s vendetta claim, stressing that the case was not a personal issue.

    He urged Tompolo to take his defence to the law court.

    On the ex-governor, he said: “I wish to inform you that it has come to my knowledge that the leader of your party and governorship candidate of the All Progressives Congress (APC) in Bayelsa and a few young men from Warri South West council of Delta State, who joined the party from the Peoples Democratic Party (PDP) after the 2015 presidential election, are bent on linking me to the renewed vandalism of oil facilities in the Niger Delta, whereas they are the ones carrying out the act to smear my name. They are doing this in connivance with the EFCC lawyer.

    “The leader of your party in Bayelsa State approached me shortly after my meeting with you in Abuja that I should accompany him to meet you and plead for him to be appointed special adviser (SA) and chairman of the Presidential Amnesty Programme, which I refused to do because of his antecedents, as an unreliable and trustworthy person.

    “It was thereafter he forced his way into the governorship election of the state, which almost tore the state apart with violence, beginning with the party primary in which he demonstrated a high level of desperation as was recounted by the Chairman of the committee and Governor of Edo State, Comrade Adams Oshiomhole.

    “As for members of the party from my local government area, Warri South-West, they have been involved in illegal bunkering and oil theft activities over the years, which I have been fighting against because of my love for country. They know me as a no-nonsense person. There is this one from Gbaramatu kingdom with me that has sworn to kill me because I refused to manipulate the ascension to our traditional stool in his favour when he was not even qualified for it. And so, he looks for any opportunity to deal with me.’’

  • Court strikes out Honeywell’s contempt charge against Ecobank

    Court strikes out Honeywell’s contempt charge against Ecobank

    The Federal High Court in Lagos Friday struck out a contempt charge filed against Ecobank Nigeria Limited by Honeywell Flour Mills Plc.

    Justice Ibrahim Idris held that the Form 48 and Form 49 (with which contempt proceedings are initiated) were not properly served on the alleged contemnors.

    The judge declined jurisdiction, but directed parties to maintain status quo until the order is set aside by the Court of Appeal.

    The judge said a party seeking to jail another for disobeying a court order was duty bound to ensure that processes in contempt proceedings were duly served.

    Breach of such proper service, he said, “will wrought consequences on the proceedings.”

    Honeywell and its sister companies Anchorage Leisures Limited and Siloam Global Services Limited accused the bank of disobeying an earlier directive by the judge that all parties should maintain status quo ante-bellum.

    They sued Ecobank over disagreements regarding an alleged debt owed the bank by the group.

    Justice Idris had last August 10 made an order of interim injunction restraining the bank from publishing the plaintiffs’ name as debtors.

    The judge also ordered parties to maintain status quo pending hearing of the plaintiffs’ suit against Ecobank.

    But while the suit was pending, Ecobank filed other suits before other judges in a bid to recover its debt from Honeywell Group and its chairman Oba Otudeko.

    Honeywell, through its lawyer Chief Wole Olanipekun (SAN), filed the Form 48 and Form 49, urging the court to hold the bank in contempt.

    Declining jurisdiction, Justice Idris held: “What I can see from a close examination of form 48 is that the form is stamped; the wordings are however illegible. I can see that the stamp has the date of 19th November 2015. The same applies to Form 49.

    “A valid proof of service of the same forms must have endorsed therein the following, as stated by the Court of Appeal: (1) particulars of the person serving; (2) date of service; (3) time and place of service and (4) the person that accepted the service.

    “I’m afraid that it appears that the Form 48 and 49 were not properly endorsed with the particulars of service. In effect, there is no reliable or authentic information before the court as to the service of the Form 48 and 49 on the defendants herein.

    “This issue goes to the issue of the jurisdiction of the court. This court must act with caution. I decline jurisdiction.”

    He, however, warned parties against taking any action that could incur the court’s wrath.

    “Let me warn that orders of court are binding and enforceable until set aside by an order of court of competent jurisdiction. The order of this court that the parties maintainstatus quo ante bellum remains valid and binding on all the parties until set aside.

    “Whenever the disciplinary jurisdiction of this court is properly invoked, this court will descend heavily without any fear on whichever party is found guilty of contempt of this court. This court barks and it bites.

    “I hold that the jurisdiction of this court has not been properly invoked in respect of the contempt proceedings and same is hereby struck out,” Justice Idris held.

    He adjourned till February 26 for hearing of Ecobank’s motion for stay of proceedings.

  • Native doctor arraigned over alleged rape

    Native doctor arraigned over alleged rape

    A native doctor, Babatunde Ajisoloye, was on Friday charged before an Ikeja High Court for alleged sexual assault and rape.

    Ajisoloye whose age and residential address were not given, however, denied the two-count charge.

    The News Agency of Nigeria (NAN) reports that Ajisoloye had no legal representation in court.

    The prosecutor, Mrs A.B. Awosika, told the court that the accused committed the offences on Aug. 10, 2014 at Marvina Hotel in Abule-Egba, a suburb of Lagos.

    Awosika said the defendant sexually assaulted a woman (name withheld) by removing her clothes and rubbing an unknown substance on her body.

    According to her, “The defendant proceeded to have an unlawful sexual intercourse with the victim without her consent.”

    She said that the offences were in contravention of Sections 258 (1) and 261 of the Criminal Law of Lagos State, 2011.

    NAN reports that Section 258(1) states that, ‘’any man who has unlawful sexual intercourse with a woman or girl, without her consent, is guilty of the offence of rape and liable to imprisonment for life.’’

    Justice Kudirat Jose ordered that a probono counsel should be provided for Ajisoloye and adjourned the case till March 9 and March 10 for trial.