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Tag: Court

  • Police arraign three teenagers over alleged gang rape

    Police arraign three teenagers over alleged gang rape

    Three teenagers, Elijah Adebowale, Suleiman Balogun and Shefiu Adam, were on Thursday charged before a Yaba Chief Magistrates’ Court in Lagos over the alleged gang rape of a 13-year-old girl.

    Adebowale (15), Balogun (16) and Adam (14), who all resides at the Iju area of Lagos, are being tried on a two-count charge of conspiracy and unlawful carnal knowledge of a minor.

    The Prosecutor, Insp. Rita Momah, told the court that the teenagers and three others, now at large, committed the offences on Oct. 5, in an uncompleted building at Olopade St., Iju-Ishaga, Lagos.

    Momah said that the accused all conspired to lure the 13-year-old to the building, where the six of them took turns with her.

    She explained that the accused persons spotted the 13-year-old coming out of a church and sent her to get drinks for them.

    According to Momah, the accused offered the 13-year-old a bottle of assorted drink that was already spiked and each of them all had carnal knowledge of her.

    The prosecution submitted that the offences contravened Sections 409 and 137 of the Criminal Law of Lagos State, 2011.

    The accused persons pleaded not guilty to the charge leveled against them.

    The News Agency of Nigeria (NAN) reports that Section 137 prescribes life imprisonment for anyone found guilty of child rape.

    The judge, Mr F.A Adeeyo, granted the accused bail in the sum of N300, 000 each, with two sureties in like sum and adjourned the case to Dec. 7, for continuation of hearing.

  • Teenager in court for sexually abusing toddler

    Teenager in court for sexually abusing toddler

    The police on Wednesday arraigned a 16-year-old boy at the chambers of the Gudu Upper Area Court, for allegedly abusing a toddler sexually.

    The accused (name with-held) of Kuje, Abuja, is standing trial on a charge of gross indecency.

    The prosecutor, Asp. Adama Musa, said one Samuel Zakka of Pegi village, Kuje, Abuja reported the matter at the FCT command, Abuja on Sep. 22.

    According to him, the accused deceived and took the complainant’s two and a half year old daughter to a nearby uncompleted building and abused her sexually.

    He said that the accused dipped his finger into the private part of the little girl.

    Musa said that during police investigations into the matter, the girl was taken to the hospital and it was revealed that she was abused sexually.

    He said that the offence contravened Section 285 of the penal code of the Laws of the Federation.

    The accused however pleaded not guilty.

    The judge, Alhaji Umar Kagarko granted the accused bail in the sum of N100, 000, with one surety that must reside within the court’s jurisdiction.

    He adjourned the case to Dec. 17 for hearing.

  • Court declines jurisdiction on pro-Biafra protest

    Court declines jurisdiction on pro-Biafra protest

    •Sends file to Fed DPP

    A Magistrate at a Rivers State Chief Magistrate’s Court, sitting at the State High Court in Port Harcourt, Mr. S. A. Andrew-Jaja, has declined jurisdiction in the treason case filed by the police against 20 suspected pro-Biafra supporters.

    Andrew-Jaja, yesterday, ordered the accused to be remanded in prison custody while their original case files should be duplicated and sent to the Federal Director of Public Prosecution (DPP) for further study and legal advice.

    They accused are: Benson Sunday (21), Emmanuel Ali (25), Ukeme Monday (32), Chibuzo Ezechina (33), Charles Eze (29), Egbo Okechukwu (24), Chibona Ifion (47), John Douglas (20), Ezenwa Alphonus (51), Wori Endurance (30).

    Others are: Chinomere Nwolu (25), Henry Eze (36), Friday Uzunwa(22), Igodo Abio (34), Akaniyene Uwem (22), Eni Iboro (27), Obinna Stephen (26), Monday Ocha (37), Obinna Ibekwe (27) and Kingsley Ezengorie (24).

    They allegedly conspired and destroyed the Nigerian flag and chanted hate songs against the country during a protest in Port Harcourt, the state capital, over their grievances against perceived wrongful arrest, detention and prosecution of the Coordinator of Biafra Radio, Nnamdi Kalu, by men of the Department of State Security (DSS).

    The accused were arraigned before the court last Wednesday, having been charged with treasonable felony.

    Their arraignment, according to the prosecutors, is in line with Section 37(2), of the Criminal Code, Cap c38, Laws of the Federal Republic of Nigeria, 2004.

    The accused were not allowed to take pleas.

    Efforts by their lawyers to secure their bail also failed.

    The magistrate remanded them and adjourned till yesterday for the addresses by their counsel on their bail application.

    Twenty-four others had been reportedly arraigned and remanded by the same court for the same offence on October 22.

    The case was adjourned till November 2.

    This brought the number of the accused to 44.

    But at the resumed sitting yesterday, the accused were absent in court.

    The magistrate said the absence of the accused was based on Section 100 of the Criminal Procedure Act.

    Andrew-Jaja averred that the lawyers were granted fair hearing at the last sitting.

    The magistrate said the lawyers had no further chance to canvass the bail of their clients before the court’s ruling.

    He said: “The court does not have the jurisdiction to entertain the case. Section 118 of the Criminal Procedure Act provides that persons charged with treason/capital offence cannot be granted bail by a Magistrate’s Court but have the opportunity to be granted bail by a High Court.

    “The court will do what is generally accepted.

    “I order that the original file of the case be duplicated and sent to the DPP through the court’s Registrar for further investigation and legal advice.”

    He adjourned the matter till November 26 for the DPP’s advice.

    The prosecuting counsel, Ayo Ajaghe, an Assistant Superintended of Police (ASP), and lawyer to the ninth accused, Linus Okpara, expressed satisfaction with the court’s ruling.

    They said the court acted according to law, adding that the lower courts – the magistrate’s courts – lacked the powers to hear cases carrying capital offence.

  • Braithwaite: Court orders expert to measure 15-storey building

    Justice Doris Okuwobi of a Lagos High Court sitting in Ikeja has granted the request of Dr. Tunji Braithwaite for the President of the Nigerian Institute of Town Planners to measure the 15-storey Standard Chartered Bank Nigeria Limited building situated at no. 142 Ahmadu Bello Way, Victoria Island, Lagos.

    Braithwaite is pursuing a N10 billion claim against the bank for constructing a 15-storey building and a multilevel car park opposite his residence with an allegedly ‘illegal’ permit.

    The presiding judge made the order and two others after listening to the claimant’s counsel led by Braithwaite himself, who informed the court of an application dated October 6, 2015. He added that the case has been on since 2010 and urged the court to grant all the orders therein.

    The orders include one “directing the president of the Nigerian Institute of Town Planners to enter the defendant’s commercial building of 14 floors comprising a five-level car park at no. 142 Ahmadu Bello Way, Victoria Island, Lagos, to undertake physical measurement of the setback and airspace of the said defendant’s building.

    “An order of court directing the President of Nigerian Institute of Town Planners, to prepare a comprehensive report of his findings and measurements, which shall be produced to the court as part of the evidence on record of this trial.”

    And also an order that “the cost and fees to the President of Nigerian Institute of Town Planners for the execution and implementation of the orders herein be cost in the cause.”

    Defendant’s counsel, Mr Adeniyi Adegbonmire (SAN) did not oppose the application but noted that his client could not be expected to foot the bill for the Town Planners’ work.

    He prayed the court to make an order that both parties be at liberty to call whoever makes the measurement to be available for cross examination.

    Adegbonmire added: “Once we agree on the date of the measurement, my client is ready to grant the person entry to the premises.”

    However, Dr. Braithwaite agreed to bear the cost. He added: “The main thing is for the measurement to be taken.”

    Justice Okuwobi granted all three orders and adjourned further hearing till November 24, 2015.

     

  • Court restrains firm from harassing homeowners

    Justice Abisoye Bashua  of a Lagos State High Court sitting in Epe has granted an interlocutory injunction restraining CMB Building Maintenance and Investment Company Limited, from harassing and restricting the movement of homeowners within the Pearl Garden Estate situated at Sangotedo Village in Eti-Osa Local Government Area of the state.

    Justice  Bashua granted the injunction last week while delivering a ruling in an application filed by some of the homeowners against CMB(property and the estate management agents) and  the Oyetubo Jokotade Estate Resource Limited (previous landowners).

    The court further restrained the defendants,  their agents and privies from interfering with the rights of the homeowners in providing safe and drinkable water for themselves and their family members.

    He  said the order would subsist pending the hearing an determination of the substantive suit.

    The court held that the claimants have provided sufficient proof of ownership of the property through the deed of purchase assignment in their affidavit deposed to in support of  their  application.

    The court also observed that  several homeowners had obtained their individual Governor’s Consent and the defendants in their submission did not deny the established legal rights of the homeowners which entitles them to the restraining orders sought.

    Justice Bashua emphasised that  this development  prompted the court to exercise its discretion in  favour of the claimants,  Pearl Garden Estate Homeowners,  in order to protect their established legal rights in the interest of justice.

    The Judge, however declined the request of the claimants for the suspension of  the demand and collection of N650,000 reticulation charges and the unilaterally imposed N35,000 security fees on the homeowners by CMB.

    The Court noted that the validity of the N650,000 reticulation charges and the unilaterally imposed N35,000 fee by CMB were part of disputed issues which are to be determined in the substantive suit hence the court cannot make any pronouncement on them at the stage of the interlocutory proceedings.

    The trial judge directed all parties to make appearance in court for case management unfailingly on the next adjourned date of December 10, 2015.

    Messrs Francis Adesuyi, Felix Obiakor, Martin Ajayi-Obe and Peter Afenotan in representative capacity on behalf of themselves and all interested homeowners within the Pearl Garden Estate had instituted a N100 million suit against CMB Building Maintenance and Investment Company Limited and the previous owners of the estate, and  the Oyetubo Jokotade Estate Resource Limited.

    The claimants had dragged the defendants before the court over the alleged incessant harassment, molestation and imposition of arbitrary charges on homeowners and residents of the estate particularly the reticulation charges contrary to the express terms of their contract.

     

     

  • Court rules on BGL case vs SEC Nov 27

    Justice Mohammed Idris of a Federal High Court in Lagos has fixed November 27, for ruling in the suit filed against the Securities and Exchange Commission (SEC) by BGL Group.

    In a fresh application argued on Wednesday by its counsel, Mr. Kemi Pinheiro (SAN), BGL is seeking an order to nullify the two rulings made on September 17, 2015 by Justice Mohammed Yunusa.

    Yunusa, who sat as a vacation judge, had in the said rulings vacated an interim injunction barring SEC from expelling BGL from capital market.

    The vacation judge also dismissed BGL’s application seeking to stay further proceedings in the matter.

    But in the fresh application Pinheiro is contending that as of the time that Yunusa gave the rulings, he no longer had jurisdiction.

    Pinheiro argued on Wednesday that Yunusa’s jurisdiction on the case, as a vacation judge, had ended on September 11 and maintained Yunusa had been drained of jurisdiction as of September 17 when he made the two rulings.

    He urged the new judge on the case, Justice Idris, to vacate those two orders.

    Yunusa had on September 22, when he was due to deliver a third ruling in the case, told the parties that the case file had been returned to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, for re-assignment to another judge.

    At the resumed proceedings before Justice Idris last Wednesday, Pinheiro said, “Justice Yunusa was constituted as a special court. His jurisdiction to entertain cases is not at large.

    “On September 17, the purported vacation court proceeded to deliver a ruling outside of jurisdiction.

    “The question before the court is to determine whether the ruling of September 17 was legal or not, when the court vacation had ended on September 11.

    “Our application is not to seek for the appeal of what took place brother your learned brother, Yunusa, but we are urging Your Lordship to set aside every proceeding that were taken outside of jurisdiction because Justice Yunusa had been drained of jurisdiction.”

    But in opposition, counsel for SEC, Prof. Kayinsola Ajayi (SAN), described BGL’s application as an abuse of court processes, which was incurably bad and could not be remedied.

    Ajayi said there was nothing like vacation jurisdiction, adding that the only factors that could affect the right of a judge to hear a case would be whether the judge was indeed a judge, whether the subject matter was within his purview and the case fell within the territory of the court.

    He further maintained that the arguments which led to the September 17 rulings were taken prior before that date, adding that the date for ruling was chosen by the consent of the two parties.

    He accused the BGL counsel of bogging down the case during vacation, recalling that they had once said they brought an application “to frustrate the proceedings” during vacation.

    “The conduct of the plaintiffs is one that demonstrates that the court should not demonstrate discretion in their favour.

    “The plaintiffs have not come with clean hands,” Ajayi.

    After listening to the parties, Justice Idris fixed November 27, 2015 for ruling.

    BGL had in May filed the suit before Justice Saliu Sadiu to challenge its proposed expulsion from the capital market by SEC.

    The SEC had announced the expulsion of BGL from the Nigerian capital market after receiving over 40 petitions from aggrieved investors who claimed to have been defrauded by the company.

    BGL’s Group Managing Director, Albert Okumagba, was also banned from operating as a Registered Sponsored Individual with SEC.

    In its preliminary objection to the suit, SEC alleged that BGL is indebted to various capital market investors, including the Rivers State Ministry of Finance to the tune of  N5.8bn as of  June 2, 2015.

    SEC further claimed that as of December 2014, BGL had run at a loss running into over N48bn, adding that BGL had severe liquidity problems.

     

  • Court adjourns suit over oil blocks indefinitely

    The Supreme Court has adjourned indefinitely, the suit involving Chevron Nigeria, Britannia-U Nigeria Limited and Seplat Petroleum Development Company over the disputed sale of three oil blocks – Oil Mining Leases (OMLs) 52, 53 and 55.

    The hearing earlier scheduled for last Friday was stalled because of the absence of the presiding judge, Justice Suleiman Galadima, who was said to have been bereaved.

    Although lawyers to parties in the suit were in court early, they were notified later that the case would not be heard owing to the “unavoidable” absence of Galadima.

    The development informed the decision of court officials to adjourn indefinitely, promising to issue hearing notices on parties when a fresh date has been fixed for hearing.

    At the first hearing on May 18, the apex court restrained Chevron and Seplat from selling the disputed oil blocks.

    The Supreme Court particularly ordered Chevron not to take any step or action regarding the sale of the disputed OML 52, OML 53 and OML 55 to Seplat, pending the determination of the appeal by Britannia-U Nigeria Limited.

    A five-man panel led by Justice Tanko Muhammad issued the order, directing parties in the case to maintain the status quo. He said: “No party is allowed to take any step that will affect the res (subject matter) of the appeal.

    The court’s order was informed by the refusal of lawyers representing parties to give undertaking that their clients would not take steps that would affect the case.

    Appellant’s lawyer, Rickey Tarfa (SAN) caused the court to issue the order on realising that it may be difficult for him to argue his pending application for mandatory injunction seeking to reverse steps taken by Chevron to sell the disputed oil bloc to Seplat.

  • Lagos pastor defiles two minors, charged to court

    The trial of a Lagos pastor, Joseph Ogunleye alleged to have been sexually defiling two under-aged girls, Mary, 7, and Bilikisu, 10, (surnames withheld), respectively over the last two years at Ijegun, will commence at a Lagos court on Monday.

    Coordinator, Lagos State Domestic and Sexual Violence Response Team (DSVRT) in the Ministry of Justice, Mrs. Titilola Vivour-Adeniyi, who made this known, told The Nation that the Directorate of Public Prosecution (DPP) has established a ‘prima facie case’ against the pastor and recommended him for prosecution.

    Vivour-Adeniyi said the DPP’s advice was based on reports of investigations and other evidences gathered by the police, which were forwarded to the directorate for necessary legal advice in order to ensure successful prosecution of the matter in court.

    The Director of the DPP, Idowu Alakija, said she would personally prosecute the accused person, who would be facing child defilement related charges.

    She said the sordid act of the pastor was brought to the attention of DSVRT by a Non Governmental Organisation, Women’s Rights and Health Project (WRAHP).

    The accused person who is the Chairman, Community Development Association (CDA) of Alagbelebu Street, Kudeyiebu Estate, in Ijegun, Lagos, is also the proprietor of a school located at 20, Alagbelebu Street, which is equally used as church where he is the pastor.

    She disclosed that the two girls attend the suspect’s school, which serves as his residence, school and church.

    Recalling their ordeals in the hand of the pastor, one of the victims, Mary, said the suspect always asked her and Bilikisu to fetch water for him in his bedroom during the school daily break periods.

    Mary said on the fateful day, Ogunleye allegedly came into the house and threw her to the bed, removed her pants, undressed himself before having carnal knowledge of her.

    Mary also alleged that Ogunleye has been having sex with them since last year and they could not tell anyone because they feared they would die if they exposed the secret.

    The dastardly act of the pastor came into the open when Mary was heard playfully telling one of the children within the neighbourhood that Bilikisu is Mr. Ogunleye’s wife. Bilikisu, it was said, responded that Mary is his wife too since he does the same thing to both of them.

    It was said that the neighbour’s child mentioned the altercation between the minors to her mother, who insisted on finding out what was transpired between them and the suspect.

    After much pressure from Mary’s mother, she finally opened up and narrated how Ogunleye has allegedly been defiling them.

    According to reports by WRAHP, Mary’s mother confronted Ogunleye on the issue and pleaded with him to stop having carnal knowledge of her daughter. Ogunleye allegedly promised never to touch them again.

    Ogunleye, however, declined Mary’s mother’s request that he should provide money for her daughter to undergo medical diagnosis. The mother was thereafter summoned by the Onijegun of Ijegun, Oba Alani Akinremi following a report lodged by Ogunleye that he was being blackmailed by the mother of his victims.

    In his own account, Oba Akinremi, told the WRAHP team that he had received a phone call from Ogunleye that the parents of his pupils were blackmailing him.

    The monarch said in his bid to find out why the pastor was being blackmailed, he had summoned the parents of the girls, adding that it was at this point he became aware of the pastor’s misdeed.

    Considering the safety and health of the girls, the monarch offered to pay for their medical examination.

    After the examination, Ogunleye admitted to have sexually molested the girls and apologised to the parents.

    He was then asked him write an undertaking, stating his admittance and apology of which he wrote, signed and thumb printed.

    On the invitation of Ogunleye, police officers from Isheri Police Station, arrested both parents of Mary and Bilikus, including Mary’s uncle on the grounds that he was being blackmailed.                   The tide of events however turned against the pastor when the parents of his victims lodged formal complaints against him at the station and he was subsequently arrested by the police from Idimu Police Station, Area ‘M’ Command. It was said that the suspect has since been in custody at Panti Police Station pending the commencement of his trial on Monday.

     

  • Ooni stool: Court dismisses suit against Ife 1980 Chieftaincy declaration

    Ooni stool: Court dismisses suit against Ife 1980 Chieftaincy declaration

    An Osun State High Court sitting in Osogbo yesterday dismissed a suit challenging the competence of the Ooni of Ife 1980 Chieftaincy declaration.

    The declaration was the authority relied upon by the Ife kingmakers in asking the Giesi Ruling House to present the successor to the late Oba Okunade Sijuwade.

    The Lafogido Ruling House through Sooko Adegoke and Prince Marcus Adebola Akimoyero had approached the court to stop Governor Rauf Aregbesola, the Obalufe of Ile-Ife, Oba Solomon Omisakin (now late) and the Lowa of Ife, Chief Joseph Ijaodola from allowing only Giesi Ruling House present the next Ooni.

    The plaintiffs asked the court to set aside the 1980 Ife Chieftaincy Declaration which they described as “lopsided, unjust, unconstitutional and unfair.”

    Justice Oyebola Adepele Ojo,  in her judgement said the plaintiffs’ litigation was belated as the declaration was made in September 14, 1979 and registered in January 28, 1980.

    She said they should have filed their objection within five years of the registration of the declaration.

    The suit was accordingly dismissed.

    Meanwhile, stakeholders including Ife Elders,Princes (Ajo  Sookos), Ife Development Board, Ife Progressive Forum, religious leaders and Ajo Baales, have met on resolving the logjam sparked by the succession race.

    Sources said the meeting received position papers submitted by  the Sookos on the issue.

    The worried Sookos had set up a committee with three representatives from each of the four ruling houses – Osinkola, Ogboru, Giesi and Lafogido.

    It was gathered that the meeting agreed that each ruling house should present three aspirants to the kingmakers who will thereafter pick one as next Ooni.

    The chairman of the meeting, Chief Mosadoluwa Omisore, and the secretary ,Professor Muibi Opeloye, in a resolution asked the Sookos to “appeal to the ruling houses to withdraw the cases in courts in order not to cause undue delay in the selection process.”

    They said that “even though there is obvious need for review of the Ooni’s chieftaincy  declaration” such should wait till the new Ooni is installed since the chieftancy declaration cannot be amended during an interregnum.”

  • Man docked for allegedly raping boy

    Man docked for allegedly raping boy

    A 25-year-old man, Benjamin Ibehmonic, on Friday appeared in a Makurdi Magistrate’s Court for alleged rape of a 13-year-old boy through his anus.

    The Prosecutor, Cpl. Omaye Ujata, told the court that one Christian Ornguga of No. 39 Off Vandeikya Street, High-Level Makurdi, reported the case at B Division Police Station.

    Uajta said that Ibehmonic of the same address raped the informant’s younger brother through the anus while he was coming back from an errand.

    She told the court that the complainant told the police that he sent the victim to buy him recharge card.

    The prosecutor said that Ornguga told the police that the accused called him into his room, tied his mouth, legs, hands and had sexual intercourse with him through his anus.

    The accused was arrested during police investigation and he voluntarily confessed to the crime.

    She said that investigation into the matter had been completed and applied for a date for hearing.

    The prosecutor said the offences contravened Section 284 of the Penal Code and the accused admitted committing the offence.

    The Magistrate, Ibrahim Mohammed, granted bail to the accused in the sum of N20, 000 with one surety in like sum.

    Mohammed said that the surety must reside within Makurdi town, and adjourned the case till Nov. 23, for hearing.