The Nation Newspaper

Tag: Court

  • Court acquits 10 of murder, pipeline vandalism

    Court acquits 10 of murder, pipeline vandalism

    The Federal High Court in Lagos Monday discharged and acquitted 10 persons charged with murder and pipeline vandalism.

    Justice Mohammed Idris held that the prosecution failed to prove that the defendants committed the offence.

    He said the police could not discharge the burden of proof placed on it in establishing the accused persons’ guilt.

    “A summary of the evidence of eye witnesses is that they were in Arepo near Ikorodu on September 5, 2012 when petroleum vandals opened fire on them and they scrambled for safety.

    “All the eye witnesses could not identify the vandals who shot at them, neither was it proved that the persons named in counts five, six and seven were dead,” the judge held.

    The accused persons Joel Inerepamu (25), Rueben Oluwole (60), John Isaiah (28), Ineye Okposa (40), Timi Gunugunu (22), and Olisa Saheed (25).

    Others are Jigo Jiperende (31), Timi Koro (29), Johnbosco Igbhofose (26), and Peter Opidi (28).

    They were arraigned on November 29, 2012, on a seven-count charge bordering on conspiracy, breaking of oil pipeline, dealing in unrefined petroleum products and murder of three engineers of the Nigeria National Petroleum Corporation (NNPC).

    They had all pleaded not guilty to the charge.

    Justice Mohammed Idris had ordered accelerated hearing of the case.

    The prosecution called 10 witnesses, while the accused testified for themselves.

    Justice Idris held that pathologist report was never tendered and there was no proof that the NNPC engineers, who were reported missing, were dead.

    He said the witnesses who testified merely suspected that the victims were dead.

    “The prosecution initially filed proof of evidence signed by ACP Ibadin, Legal officer prosecuting counsel, in whom the ninth and 10th accused were named as witnesses.

    “However, in a dramatic turn, the witnesses later became accused persons in an amended charge dated April 12, 2013.

    “In my view, the prosecution has failed to meet the requisite standard of proof which is beyond reasonable doubt and the court so hold.

    “It is clear that the first to eight accused were charged on mere suspicion and the law is clear that suspicion no matter how strong, cannot amount to proof in criminal trial. It is a wavering accusing finger which must stand straight to establish guilt.

    “I hold that the entire body of evidence led by the prosecution is inadmissible; it is better to save several guilty men, than to condemn one innocent man.

    “This court cannot find its way clear in convicting the accused based on the evidence adduced by prosecution; this case must therefore fail.

    “All of the accused persons are hereby discharged of all counts of the charge, and this court so hold,” Justice Idris held

    The accused were alleged to have conspired to vandalise an oil pipeline located at Arepo in Ogun State.

    It was alleged that on sighting engineers on maintenance work from the NNPC, the accused opened fire, killing three of the engineers.

    The alleged offences contravened sections 3(6), 4(a), 7 (a) (b), 17 (a) of the Miscellaneous Offences Act Cap M17, Laws of the Federation, 2004, and Section 319 of the Criminal Code, Laws of the Federation, 2004.

     

  • Former VC of P/Harcourt varsity drags management to court

    Former Vice Chancellor of Ignatius Ajuru University of Education (IAUE), Port Harcourt, Prof. Rosmond Green- Osahogulu, has dragged the university to the National Industrial Court sitting in Yenagoa, Bayelsa State, to seek interpretation of the meaning of administrative leave in civil service.

    It would be recalled that  Governor of Rivers State, Chief Eznwo Nyesom Wike, had in August 2015 directed the former VC of the varsity to proceed on a compulsory and indefinite leave.

    This was after the leadership of Academic Senior Staff of University (ASUU) allegedly accused the former VC of fake abduction claim after she was abducted by gunmen, financial recklessness and other charges against her.

    Briefing the press yesterday in Port Harcourt, Rivers State capital, Prof. Green-Osahogulu said she went to court to challenge the slashing of her entitlement by the current management of the university.

    Justifying the need for seeking litigation, she said it was to enable her seek redress for the perceived witch-hunt in some quarters.

     

  • Court to hear Gulak’s case November 30

    An Abuja High Court has fixed November 30 for the hearing of the suit filed against the acting chairman of the Peoples Democratic Party, Chief Uche Secondus, over his continued stay in office.

    The case was adjourned due to the ongoing judges’ conference at the National Judicial Institute (NJI).

    The leadership crisis in the party took a dramatic turn with youths of the party calling for the resignation of Chief Secondus when the case came up in court.

    Led by Prince Afoke Okporuwa, the youths in their hundreds protested at the court.

    Alhaji Ahmed Gulak, a former Political Adviser to former President Goodluck Jonathan, dragged Secondus and the PDP before the court.

    In the suit, he asked the court to declare that Secondus is occupying the seat of the party chairman illegally.

  • Wada drags INEC, AGF, APC to court

    Wada drags INEC, AGF, APC to court

    Governor Idris Wada of Kogi State and his party – the Peoples Democratic Party (PDP) – have asked a Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to declare Wada winner of the inconclusive governorship election held in the state last Saturday.

    They made the request in a suit they filed before the court on Thursday, which has INEC, the Attorney General of the Federation (AGF) and the All Progressives Congress (APC) as 1st, 2nd and 3rd defendants.

    It is Wada’s contention that in view of the death of the candidate of the APC, Abubkar Audu, it was incumbent on INEC to declare him winner of the election, which INEC declared inconclusive.

    He hinged his argument on the ground that he was the only surviving candidate with the majority of lawful votes cast in the election held on 21st November 2015.

    He also asked the court to compel the Independent National Electoral Commission to issue him with a Certificate of Return.

    Wada and the PDP also filed another application praying the court to restrain INEC from conducting the December 5th supplementary election.

    The governor is seeking an order of injunction restraining APC from organising or holding a fresh primary election for the purpose of any ‎supplementary or other election for the Kogi State governorship election 2015.

    He also asked the court‎ to declare that APC cannot organise or hold a fresh primary election for the purpose of the supplementary election, having regard to the immutable statutory timeliness provided by enabling sections of the Electoral Act 2010 and the INEC timetable for Kogi Governorship election.

    The plaintiffs asked the court to declare that the AGF was not competent to issue directives to INEC to allow APC to substitute its candidate for the Kogi governorship election after the commencement of the election, and that such directive is null and void for its inconsistency with the provisions of the constitution.

    They urged the court to hold that APC could not lawfully nominate a candidate for the supplementary governorship election slated for December 5, 2015, without a valid and legally cognizable primary election of the APC conducted within the mandatory timeliness specified by the Electoral Act.

    Wada and PDP further asked the court to declare that, “having regards to the provisions of Section 141 of the Electoral Act, 2010, votes scored by a candidate who died during an election cannot be inherited by or transferred to a person who was not a candidate at the said election and who did not participate in all stages of such election, for the purpose of concluding such election.

    The plaintiffs, in a 36-‎paragraph supporting affidavit deposed to by the PDP State Collation Agent for the election, Joe Agada, it was stated that with the demise of APC’s candidate, the two leading candidates became Wada with 199,514 votes and that of the Labour Party with 8, 756 votes.

    “That I know as a fact that INEC on this basis ought to declare ‎Wada the winner of the governorship election of 21st November 2015, being the only surviving candidate with the highest number of votes and scoring 25 per cent of the votes in all the Local Government Areas of the State.”

    The case has not been assigned to any judge for hearing.

    The suit by Wada and his party is coming shortly after the late Audu’s running mate, ‎James Faleke, wrote to INEC Chairman, Prof. Mahmood Yakubu, seeking to be declared the winner of the election.

    In a letter written by his lawyer, Chief Wole Olanipekun, SAN, Faleke said that the only option opened to INEC is to declare him the governor-elect.

    Olanipekun wrote, “What INEC should do is to obey, respect and comply with the letters, spirit, intendment and tenor of the constitution by not only declaring APC as the winner of the election, but by also declaring our client as the governor-elect.”

    He said that INEC’s directive to APC to conduct a new primary to select a candidate to replace Audu was “unfounded, both legally and constitutionally. It can also not be reasonably or rationally defended.”

    He drew the attention of the INEC chairman to the provision of section 68(1) and (c) of the Electoral Act to the effect that any result declared by Returning Officer shall be final and binding, and can only be reviewed or upturned by an election tribunal.

  • Court dismisses EFCC’s 50-count charge against Sylva, others

    Court dismisses EFCC’s 50-count charge against Sylva, others

    Justice Adeniyi Ademola of the Federal High Court, Abuja, has dismissed the 50-count charge of money laundering preferred against Bayelsa State All Progressives Congress (APC) governorship candidate, Timipre Sylva and others by the Economic and Financial Crimes Commission (EFCC).

    The judge, in a ruling yesterday on the preliminary objection by Sylva and two others, held that his court lacked the jurisdiction to entertain the charge, which he said was an abuse of process.

    Justice Ademola said since one of two similar charges filed by the EFCC against Sylva and others had been dismissed and the other struck out, the decision to consolidate the earlier charges in the new one showed desperation to convict them at all costs.

    The EFCC filed the fresh charge on June 12 shortly after Justice Armed Mohammed of the Federal High Court, Abuja, dismissed an earlier charge, marked: FHC/ABJ/CR/167, which the commission filed against Sylva and others.

    Also, Justice Evoh Chukwu of the same court struck out another charge filed against Sylva.

    The new charge had Sylva, Francis Okokuro, Gbenga Balogun, Samuel Ogbuku, Marlin Maritime Limited, Eat Catering Services Limited and Haloween-Blue Construction and Logistics Limited as defendants.

    They were accused of using the companies to launder about N19.2 billion from Bayelsa State coffers between 2009 and 2012, under false pretences of using the money to augment workers’ salaries.

    Justice Ademola noted that since a judge of the court (Justice Mohammed) had dismissed a similar charge, the only option for the prosecution was to appeal the decision rather than bring a fresh charge containing the same facts and on the same issues before his court.

    “The ruling of my brother Justice A. R. Mohammed, dismissing the earlier charge, still subsists. That ruling ended the jurisdiction of this court; until it is set aside by a superior court, this court lacks the jurisdiction to hear this charge.

    “It is the court’s opinion that this criminal charge is a complete abuse of the process of this court. It shows evidence of malice and desperation to perverse the process of court.

    ‘’From the foregoing, therefore, this court dismisses the charge preferred against the defendants,” Justice Ademola said.

    On hearing the judge’s pronouncement, Sylva, dressed in white traditional attire and cap, smiled broadly as he shook hands with his co-accused, who sat close to him.

    When the judge rose, an elated Sylva went to where his lawyers were seated and shook hands with them, with the lawyers chorusing: “Congratulations, your Excellency,” to which he responded, “thank you.”

  • Court remands 64-year-old man for drug trafficking

    Court remands 64-year-old man for drug trafficking

    A Federal High Court in Lagos on Thursday ordered the remand of a 64-year-old man, Andrew Nwaochichi, at the Ikoyi Prisons for dealing in cannabis sativa, popularly called Indian hemp.

    Nwaochichi was arraigned on a charge of drug trafficking by the National Drug Law Enforcement Agency (NDLEA).

    He pleaded guilty to the charge.

    Following his plea, the prosecutor, Mr Jeremiah Aernan, prayed the court to issue a remand order against the accused.

    “In view of the plea of the accused, I pray my lord for an order of remand against the accused,” he said.

    Consequently, Justice Rita Ofili-Ajumogobia, ordered the accused to be remanded at the Ikoyi Prisons, and adjourned the case till Jan. 14, 2016 for a review of facts and sentencing.

    The News Agency of Nigeria (NAN) reports that the prosecutor had told the court that the accused committed the offence on Sept. 15.

    He said that the accused was arrested at Monkey Village in Amuwo Odofin area of Lagos, where he engaged in the sale of cannabis sativa.

    The prosecutor said that the accused was arrested on a tip off and consequently, taken into custody by the NDLEA.

    He said the offence contravened the provisions of Section 11(c) of the NDLEA Act, Cap N30 Laws of the Federation, 2004.

    NAN reports that the offence of drug trafficking attracts up to a term of life imprisonment if convicted.

     

  • Man jailed for raping minor

    Man jailed for raping minor

    An Egor Magistrate Court has jailed a 35-year old man, Stanley Edomwonyi, to nine years imprisonment for raping a minor.

    The offence was committed on October 24, 2013 at Block 7 Flat 7, S and T barracks at Ugbowo in Egor Local Government Area.

    Prosecuting Counsel, Mrs. O.R Ewemade told the court that the convict inserted his penis into the vagina of the victim.

    Ewemade said the offence contravened Section 218 of the criminal Code cap 48 vol. II laws of the defunct Bendel State of Nigeria 1976 as applicable in Edo.

  • Court declines PDP’s request

    Court declines PDP’s request

    The Court of Appeal in Akure, Ondo State, has dismissed the application of the Peoples Democratic Party (PDP) and its candidate for Akoko Southwest II, Abiodun Ogunbi, seeking to set aside the final judgment on its petition.

    The All Progressives Congress (APC) counsel, Charles Titiloye, challenged the court’s jurisdiction to hear the application after delivering its final judgment.

    He argued that the Appeal Court ceased to have jurisdiction on the appeal after the expiration of 60 days under Section 285(7) of the 1999 Constitution.

    At the resumed hearing yesterday, the Appeal Court upheld Titiloye’s objection that after delivering final judgment, the court was ‘funtus officio’ and had no jurisdiction to entertain the PDP’s application.

  • Woman docked for abandoning children at rail line

    Woman docked for abandoning children at rail line

    A 40-year-old mother, who allegedly abandoned her two children at Ilupeju rail line, Lagos was on Tuesday charged before an Ikeja Chief Magistrates’ Court, Lagos.

    The accused, Adebisi Adeeko, whose address is unknown, is facing a charge of desertion of children.

    The prosecutor Insp. Simon Imhonwa told the court that the offence was committed on Aug. 10 at 3p.m.

    He alleged that the accused deliberately abandoned her children at the rail line crossing at Ilupeju area in Lagos.

    “Adeeko abandoned the children aged, 13 and 15 and absconded without any care, thereby exposing the minors to harm and exploitation.

    “ When she was confronted she could not reasonable explain the reason for her action,” Imhonwa said.

    The prosecutor said the case was reported at Alakara Police Station for Juveniles and subsequently to the Ministry of Youth and Social Development.

    The prosecutor said the offence contravened Section 276 of the Criminal Law of Lagos 2011.

    The News Agency of Nigeria reports that the children are currently in a juvenile centre in Ilupeju, till the determination of the case.

    The accused, however, denied committing the offence.

    The Magistrate, Mrs Bola Osunsanmi, however, admitted the accused to bail in the sum of N50, 000 with one surety in like sum.

    She adjourned the case to Nov. 27 for trial.

     

  • Man arraigned over fraud

    Man arraigned over fraud

    A 40-year-old man, Durotimi Nafiu, was on Tuesday charged before an Ota Magistrates’ Court in Ogun for allegedly defrauding one Idowu Elegbede of N280, 000.

    Nafiu, who resides at No. 14 Adeolu St., Iyana Iyesi, Ota, is facing a two-count charge of fraud and obtaining money under false pretext.

    The Prosecutor, Sgt. Rosemary Samson, told the court that the accused committed the offences on July 22 at about 10:45p.m. at No. 10 Ago Ishaga Compound, Ota.

    Samson said the accused collected N280, 000 from the complainant under the pretext of assisting him to clear a Mazda car from Apapa Port, Lagos, an agreement he failed to fulfill.

    She said that the accused contravened Sections 419(1) and 509 of the Criminal Code, Vol.1 Law of Ogun, 2006.

    The accused, however, pleaded not guilty.

    The Magistrate, Miss Temitope Adebutu, granted the accused N200, 000 bail with two sureties in like sum.

    Adebutu said that the sureties should provide evidence of means and resides within the jurisdiction of the court.

    She ordered that the sureties must own developed property within the magisterial district and submit titles document of their property to the court.

    The magistrate said that the addresses of the sureties should be verified by the police and adjourned the case till Nov. 26 for trial.