The Nation Newspaper

Tag: Court

  • Fed Govt asks court to vacate Dasuki’s bail

    Fed Govt asks court to vacate Dasuki’s bail

    •AGF, SGF shun court

    Attorney General of the Federation (AGF) Abubakar Malami (SAN) and Solicitor General of the Federation (SGF) Taiwo Abidogun yesterday went back on their promise to attend proceedings in the case involving former National Security Adviser (NSA) Sambo Dasuki in compliance with an earlier order of the court.

    Instead, they filed a fresh application on behalf of the Federal Government seeking an order revoking the bail granted the former NSA on September1.

    The application is hinged on the ground that Dasuki was being investigated in relation to his alleged involvement in the mismanagement of funds meant for the purchase of arms and military equipment under the Goodluck Jonathan administration.

    Justice Adeniyi Ademola of the Federal High Court, Abuja on November 13 ordered the AGF to appear before his court on November 16 over the controversy surrounding the Dasuki case.

    The judge’s invitation to the AGF was informed by complaint by Dasuki’s lawyer, Joseph Daudu (SAN) that, despite the order made by the court on November 3 allowing Dasuki to travel abroad, he was being prevented from embarking on the trip by security agents, who have allegedly laid siege on his Abuja home.

    On November 16, the AGF stayed away, but was represented by Abidogun, who was accompanied by the Director of Public Prosecution of the Federation (DPPF), Muhammad Diri.

    Abidogun told the court that he and the AGF were just appointed and were yet to be fully briefed about the activities of the Federal Ministry of Justice, particularly in relation to the Dasuki case.

    He sought for time to enable him and the AGF study the case and decide on what necessary steps to take. He urged the court to adjourn to November 23.

    Neither the AGF nor the SGF was in court at the resumed hearing yesterday.

    In their place, the DPPF appeared, but refused to address the issue either the AGF or SGF was to address.

    Diri applied to the court to compel Dasuki to attend court. He noted that Dasuki had been absent in court during the last three adjournments without an order of the court dispensing with his presence.

    He denied that the state had flouted the court’s order granting Dasuki the permission to travel. He faulted Dasuki’s lawyer’s argument that the state should be made to account for why it allegedly flouted the order, noting that there were no pending contempt proceedings against the prosecution.

    Daudu objected to Diri’s application that his client be compelled to attend court despite that state’s agents alleged siege to his Abuja home. He urged the court not to grant any indulgence to the prosecution until the AGF appear to explain why the November 3 order has not been obeyed.

    Justice Ademola adjourned to November 26 for ruling.

    Before the court adjourned, Diri also told the court that the prosecution has filed a fresh application seeking an order revoking the bail granted the defendant (Dasuki) on September1 this year.

    The prosecution said: “Interim report as submitted to the Federal Government indicated that resources running into over $2 billion were allegedly corruptly embezzled and the investigation is unfolding further facts that require the presence of the respondent to assist in the investigation.

    “As a result of the interim report submitted to the Federal Government, there is a government directive for the arrest of all those indicted by the report, including the defendant. The public interest of the nation is at stake and investigation has to be properly conducted to logical conclusion.

    “The on-going investigation, which borders on money laundering against the defendant, has also not been concluded and there is fear that investigation might be tampered with on account of foreign visit by the respondent before the completion of investigation.

    “Intelligence revealed that the defendant has concluded plans to take advantage of the order of this court releasing his international passport to escape justice and tamper with ongoing investigation.”

    It stated that it had received information from the National Hospital, Abuja that the ailment complained about by Dasuki, and for which he seeks to travel abroad was “not a life threatening ailment and facilities are locally available for the treatment”.

    Dasuki is said to be suffering from colorectal cancer, a form of cancer that affects the cells of the colon or the rectum.

    The Chief medical Director of the National Hospital, Dr. J.A.F. Momoh, in a letter written in response to inquiry by the SGF on whether Dasuki’s ailment could be treated in the country, answered in the affirmative.

    Part of the letter dated October 26, 2015 reads: “The treatment of colorectal cancer involves pre-treatment investigations, which include ultrasound, computerised scanner and other laboratory tests to facilitate surgery.

    “These investigations as well as the surgical expertise for surgical treatment of this lesion are available at the National Hospital as well as some teaching hospitals in Nigeria. Following the surgery, there is almost always need for adjuvant chemotherapy, which are equally available in Nigeria.

    “I submit that facilities needed to treat colorectal cancer, including external beam radiotherapy in very advanced colorectal cancer are available in the National Hospital, Abuja.”

  • Court stops Eze Ndigbo’s installation in Edo

    Court stops Eze Ndigbo’s installation in Edo

    An Edo State High Court has stopped the installation of Chief Luke Abbas as the Eze Ndigbo of Edo State.

    The court ordered Police Commissioner Chris Ezike to stop Abbas’ installation.

    Justice A. Edodo-Eruaga gave the order, following an ex parte motion by Chief Fecus Ezekwere and two others on behalf of the Igbo community’s union in the state.

    In its ruling, the court granted an interim injunction restraining Abbas from presenting himself to Eze Nwosu Ibe for installation as the Eze Ndigbo.

    Justice Edodo-Eruaga granted the injunction restraining Ibe and his agents from installing Abbas as the Eze Ndigbo, pending the determination of the motion on notice.

    The court also gave an order of interim injunction restraining the police commissioner from “permitting or allowing Ibe and Abbas to assemble at Abbas’s home for the purpose of installing him as the Eze Ndigbo of Edo State”.

    The case was adjourned till December 22 for hearing of the motion on notice.

     

  • Court stops directors from disturbing receiver

    A federal high court sitting in Lagos has restrained the Directors and agents of a company, BSS Steel Rolling Mill Limited from having access to any sum of money standing to the credit of the company in the course of business.

    The order will subsist until the sum of N346,798,405,96 plus interest owed by the company to Guaranty Trust Bank(GTB) is fully liquidated.

    The court also restrained the directors and agents of the company from obstructing MR Norrison Quakers (SAN) duly appointed by GTB from exercising his power and performing his duties as Receiver /Manager over the assets of the company covered by deed all assets of debenture.

    The order of the court was sequel to a debt recovery suit file before the court by Quarkers on behalf of the bank ,as Receiver /Manager, to recover the sum of N346,798,405.95 from the company.

    Between May 11, 2009 and March, 2010,the bank granted various credit facilities to BSS Steel Rolling Mills totalling N400million.

    The loan was accepted by Otunba Ayoola Abioye as Chief Executive Officer on behalf of the company. The loan was secured by all assets of the company.

    However,the company could not meet its repayment obligations to the bank and as at January 2012, the indebtedness of which stood at N346,798,405.95 while interest continue to accrue on the principal sum.

    Consequently,the bank appointed Quakers as receiver /Manager over the assets of the company.

    In his defence, Otunba Ayoola Abioye alleged that the bank had over charged the company and that interest is a subject of litigation at a Lagos high court.

    He had, therefore, urged the court to dismiss the suit as an abuse of court process.

    But the bank had contended that it filed a counter claim to the said suit claiming the same amount of N346,789,405.95.

    The trial judge, Justice Ibrahim Buba, after appraising the submissions of the two parties, declared the suit as lacking in merit and that it was bound to succeed.

    Justice Buba accordingly granted all the reliefs sought by the bank and its Receiver/Manager while the cost of N250,000 was also awarded in their favour.

     

  • Dasuki: AGF, SGF shun court

    Dasuki: AGF, SGF shun court

    The Attorney General of the Federation (AGF), Abubakar Malami (SAN) and the Solicitor General of the Federation (SGF), Taiwo Abidogun Monday went back on their words to attend proceedings in the case involving former National Security Adviser (NSA),Sambo Dasuki in compliance with an earlier order of the court.

    Justice Adeniyi Ademola of the Federal High Court, Abuja on November 13 ordered the AGF to appear before his court on November 16 in relation to the controversy surrounding the Dasuki case.

    The judge’s invitation to the AGF was informed by complaint by Dasuki’s lawyer, Joseph Daudu (SAN) that, despite the order made by the court on November 3, allowing Dasuki to travel abroad, he was being prevented from embarking on the trip by security agents, who have allegedly laid siege on his Abuja home.

    On November 16, the AGF stayed away, but was represented by Abidogun, who was accompanied by the Director of Public Prosecution of the Federation (DPPF), Muhammad Diri. Abidogun told the court that he and the AGF were just appointed and were yet to be fully briefed about the activities of the Federal Ministry of Justice, particularly in relation to the Dasuki case.

    Abidogun sought for time to enable him and the AGF study the case and decide on what necessary steps to take.

    He urged the court to adjourn to November 23.

    Neither the AGF nor the SGF was in court at the resumed hearing Monday. In their place, the DPPF appeared, but refused to address the issue either the AGF or SGF was to address.

    Instead, Diri applied to the court to compel Dasuki to attend court.

    He noted that Dasuki had been absent in court during the last three adjournments without an order of the court dispensing with his presence.

    He denied that the state had flouted the court’s order granting Dasuki the permission to travel.

    He faulted Dasuki’s lawyer’s argument that the state should be made to account for why it allegedly flouted the order, noting that there were no pending contempt proceedings against the prosecution.

    Daudu objected to Diri’s application that his client be compelled to attend court despite that state’s agents alleged laid siege on his Abuja home by state’s agents.

    He urged the court not to grant any indulgence to the prosecution until the AGF appear to explain why the November 3 order has not been obeyed.

    Justice Ademola adjourned to November 26 for ruling.

    Before the court adjourned, Diri also told the court that the prosecution has filed a fresh application seeking an order revoking the bail granted the defendant (Dasuki) on September1 this year.

    The application is hinged on the ground that Dasuki was being investigated in relation to his alleged involvement in the mismanagement of funds meant for the purchase of arms and military equipment under the Goodluck Jonathan administration.

    “Interim report as submitted to the Federal Government indicated that resources running into over $2billion were allegedly corruptly embezzled and the investigation is unfolding further facts that require the presence of the respondent to assist in the investigation.

    “As a result of the interim report submitted to the Federal Government, there is a government directive for the arrest of all those indicted by the report, including the defendant. The public interest of the nation is at stake and investigation has to be properly conducted to logical conclusion.

    “The on-going investigation, which borders on money laundering against the defendant has also not been concluded and there is fear that investigation might be tampered with on account of foreign visit by the respondent before the completion of investigation.

    “Intelligence revealed that the defendant has concluded plans to take advantage of the order of this court releasing his international passport to escape justice and tamper with ongoing investigation.”

    It stated that it had received information from the National Hospital, Abuja that the ailment complained about by Dasuki, and for which he seeks to travel abroad was “not a life threatening ailment and facilities are locally available for the treatment.

    Dasuki is said to be suffering from colorectal cancer, a form of cancer that affects the cells of the colon or the rectum.

    The Chief medical Director of the National Hospital, Dr. J.A.F. Momoh, in a letter written in response to inquiry by the Solicitor General of the Federation (SGF), Taiwo Abidogun on whether Dasuki’s ailment could be treated in the country, answered in the affirmative.

    Part of the letter dated October 26, 2015 reads; “the treatment of colorectal cancer involves pre-treatment investigations, which include untrasound, computerized scanner and other laboratory tests to facilitate surgery.

    “These investigations as well as the surgical expertise for surgical treatment of this lesion are available at the National Hospital as well as some teaching hospitals in Nigeria. Following the surgery, there is almost always need for adjuvant chemotherapy, which are equally available in Nigeria.

    “I submit that facilities needed to treat colorectal cancer, including external beam radiotherapy in very advanced colorectal cancer are available in National Hospital, Abuja.”

     

  • DSS to court: Discontinue Kanu’s trial

    DSS to court: Discontinue Kanu’s trial

    The senior magistrate court, Wuse 2 Abuja, has been requested to discontinue trial of Nnamdi Kanu, Director of Radio Biafra who is standing trial on alleged criminal conspiracy.

    The request was made Monday by the Department of State Services (DSS).

    The Nation reports that Kanu is standing trial on a three-count charge of criminal conspiracy, intimidation and belonging to unlawful society, to which he pleaded not guilty.

    At the sitting of the court Monday, prosecution counsel, Moses Idakwo, told the court that after the arraignment of the accused, the complainant stumbled on some facts which took the matter out of the jurisdiction of the court.

    He said, the complainant found out that the accused was involved in terrorism and has been financing it adding; “The complainant is, therefore, applying to discontinue the matter under section 108(1) of administration of criminal justice act 2015.’’

    According to the prosecution counsel, the DSS had also obtained an order from the Federal High Court, Abuja, and dated Nov.10, to detain the accused in its custody for 90 days.

    But Kanu’s counsel, Vincent Obetta, prayed the court not to discontinue the case because the prosecution did not present any information from the Attorney-General of Federation who had the authority to approve such.

     

  • Edo: Court remands man for murder

    Edo: Court remands man for murder

    A 34-year old man, Fabian Enogieru, has been remanded in prison custody by an Evboriaria Magistrate’s Court for allegedly killing one Pallen Enogieru.

    Fabian was alleged to have killed his victim by hitting him with a piece of wood on the head.

    Police Prosecutor, ASP Aigbedion Obarkpolor, told the court that the accused committed the offence on October 8, 2015, at No. 1, Amayo Street off Upper Sakponba in Benin.

    The Plea of the accused was not taken on the one count of murder filed against him.

    Presiding Magistrate, Mrs N.P Edogun, said the Court lacked jurisdiction to entertain the case.

    Edogun ordered the case file sent to the Department of Public Prosecution for legal, and adjourned the case to December 22 for mentioning.

    The offence is punishable Under Section 319 (1) of the criminal Code Cap 48 Vol. 11 Laws of the defunct Bendel State of Nigeria 1976 now applicable in Edo.

  • Court dissolves six years marriage over pride, adultery

    Court dissolves six years marriage over pride, adultery

    An Ile-Ife Customary Court on Thursday dissolved the six-year-old marriage between Sunday Adelakun and his wife, Rasidat over adultery and pride.

    The President of the court, Chief Abioye Olatunbosun, in his judgement, dissolved the marriage and ordered that there would be no refund of dowry.

    Olatunbosun awarded the custody of the two children to the respondent and admonished her to take them to government hospital whenever any of them fell sick.

    He also ordered that the petitioner should pay N3, 000 every month per child for the upkeep of the children as well as take full responsibility of their education.

    The court advised both parties to give peace a chance and desist from causing trouble henceforth.

    The husband had on November 2, urged the court to dissolve their union for alleged adultery, uncooperative attitude, pride and constant fighting.

    He told the court that they got married in 2009 and the marriage was blessed with two children namely – Seyi, five, and Imole, 11 months.

    “My wife is fun of adultery, giving me no rest of mind since we got married and has no courtesy or respect for me and my family.

    “Am tired of her, there was a time her boyfriend attacked me, he would have killed me if not for God, to the extent that I was hospitalised.

    “If I delay the divorce, she would eventually kill me and marry her concubine,’’ he said.

     

  • Court rejects Saraki’s fresh application against CCT

    Court rejects Saraki’s fresh application against CCT

    Justice Abdulkadir Abdulkafarati of the Federal High Court, Abuja, has rejected Senate President Bukola Saraki’s application for an order of interim injunction stopping his trial at the Code of Conduct Tribunal (CCT).

    The judge refused Saraki’s prayer after listening to   his lawyer, Raphael Oluyede.

    The Nation sighted yesterday a certified true copy (CTC) of the Monday ruling.

    Instead, the judge ordered Saraki to serve the respondents.

    He directed them to appear before the court tomorrow to show cause why the reliefs sought by the applicant should not be granted.

    Saraki’s fresh application for interim injunction was filed with a new fundamental rights’ enforcement suit at the Federal High Court, Abuja, on November 6, the day Justice Ibrahim Buba (of the Lagos division) threw out a similar brought by him.

    Justice Buba said his court lacked the jurisdiction to entertain the case. He added that it should have been filed in Abuja where the cause of action took place. The judge noted that Saraki could not prove that his rights were about to be violated in Lagos.

    “He has to proffer reasons for the court to hold that his right is about to be violated in Lagos State. The key word is ‘state’,” the judge said.

    This suit is the third of such filed at the Federal High Court by Saraki.

    Justice Ahmed Ramat Mohammed, before who the first of such suits was filed, withdrew from the case on September 30 and returned the case file to the  Chief Judge, Justice Ibrahim Auta.

    Saraki sought to restrain the CCT, the Federal Ministry of Justice and others from proceeding with his trial on the alleged false assets declaration charge against him at the CCT.

    Justice Mohammed declined on September 17 to grant Saraki’s prayer for an order restraining the respondents.

    The Senate president had applied for the order via an ex-parte motion.

    The judge ordered that the respondents be put on notice and show cause on September 21, why Saraki’s prayers should not be granted.

    On September 21, the judge, after arguments from parties, elected to hear the substantive suit.

    When parties returned to court on September 30, Justice Mohammed withdrew from the case,  following publications in the social media, which portrayed him as being compromised.

    He said the publication cast doubt in his integrity as a judge hearing the case.

    Justice Mohammed said it was more honourable for him to hand the case file to the chief judge for reassignment.

    To avert a possible misrepresentation of the proceedings, the judge directed an official of the court to make the record of the proceedings available.

    It is, however, not clear why Saraki filed the fresh suit since the Supreme Court on November 12, directed the CCT to suspend proceedings in his trial pending the determination of his appeal.

    The apex court asked the CCT to “tarry awhile” and await its decision in Saraki’s appeal.

    The directive by a five-man panel, led by Justice John Fabiyi, followed an undertaking by the respondents’ lawyer, Rotimi Jacobs (SAN), to  prevail on the CCT not to proceed with the trial since the Supreme Court will hear Saraki’s appeal speedily.

     

  • Husband gets bail for allegedly dragging wife on floor

    Husband gets bail for allegedly dragging wife on floor

    An Ogudu Magistrates’ Court, Lagos, on Wednesday granted bail to a 52-year-old electrician, Esho Johnson, for dragging his wife on the floor.

    The Magistrate, Mrs O. Sule Amzat, granted bail to the accused in the sum of N50, 000 with two sureties in like sum.

    Amzat ordered that two sureties should provided evidence of tax payment and that their addresses must be verified by the court.

    Johnson of No 18, Bosun Anifowose Street, Ojota, Lagos, was arraigned on a two-count charge of assault occasioning harm, which he pleaded not guilty.

    The Prosecutor, Sgt. Lucky Ihiehie, had told the court that the accused committed the offence on Nov. 15.

    Ihiehie said the complainant, Funmilayo, 45, reported that at about 1:30 a.m. Johnson dragged her on the floor, beat her and she sustained serious injury on her right eyes.

    He told the court that the complainant had been married for 25 years and had five children.

    “He always assaults his wife and at one point threatened to disfigure her over a misunderstanding they had.

    “The couples parents and church members have intervened but all to no avail,’’ he said.

    Ihiehie said that the incident happened on Nov. 10 when the accused woke his wife up at 1.30 a.m. and asked her to get out of the house as she was irritating him.

    He said the complainant gently went out and lay down on the floor but the accused came to her, dragged her on the floor and started to blow her on the face.

    The offences contravened Sections 170 and 171of the Criminal Law of Lagos State, 2011, which provides for three years imprisonment.

    The case had been adjourned till Dec. 10, for mention.

  • Lai Mohammed asks court to stop Metuh from making more libel

    Lai Mohammed asks court to stop Metuh from making more libel

    Former All Progressives Congress (APC) spokesman Lai Mohammed has asked a Lagos High Court sitting in Ikeja to stop the People Democratic Party (PDP) National Publicity Secretary, Olisa Metuh, from further publishing “libelous” statements against him.

    Mohammed, through his counsel, Wahab Shittu, prayed Justice Toyin Ipaye to grant his prayer as a matter of urgency.

    The Minister of Information had on October 12, 2015 filed a N500 million suit against Metuh before the court, alleging that the PDP spokesperson defamed him in a statement issued on September 20, 2015.

    He claimed that Metuh accused him of embezzling the funds meant for fencing of an airport in one of the APC-controlled states in the Southwest.

    Metuh was alleged to have accused Mohammed of having obtained money to supply ambulances to one APC-controlled state in the Southwest, but which he allegedly failed to supply.

    At the resumed hearing of the matter yesterday, Mohammed brought an application dated November 8, 2015, urging the court to “refrain the defendant, his agents, groups or associations from further publishing a libellous writing against the applicant pending the hearing of substantive suit”.

    “We need a stop gap of this court. The claimant is accused of corruption and embezzlement, meaning the claimant is a fraudster and an economic saboteur.

    “This is a claimant who has not been arraigned or found guilty of any corrupt practices and a legal practitioner of great standing. He is currently serving as Minister of Information.

    “The claimant’s legal right has been violated and is threatened by the defendant who seems to be on rampage. The defendant should be restrained from further publication of libellous statements,” Shittu posited.

    But Emeka Etiaba (SAN) counsel to Metuh urged the court to strike out or dismiss the application of applicant for incompetence.

    “The application was not served within five days and there are no facts supporting the alleged libellous statement against the claimant.

    “It was also not duly signed by the deponent, but the signature of the deponent was scanned…” Etiaba argued.

    The trial judge adjourned the matter till November 23 for ruling.

     

     

    END