The Nation Newspaper

Tag: Court

  • Court orders banks to disclose Zamfara’s account status

    Court orders banks to disclose Zamfara’s account status

    THE Federal High Court in Lagos yesterday directed banks to disclose how much Zamfara State government has in its accounts with them.

    Justice Okon Abang gave the order following a garnishee application by Ecobank Nigeria Plc.

    The court had ordered Zamfara to pay the bank N3.1billion which it owed it.

    The state has, however, appealed the judgment.

    The judge directed the Central Bank of Nigeria (CBN), the Ministry of Finance and Accountant-General of the Federation to deduct the sum from the money accruable to the state from the Federation Account and remit it to the bank.

    The state is to pay interest on the sum at 30 per cent per annum from March 1, 2013 when the suit was filed, until when judgment was delivered.

    In addition, the state must pay 10 per cent interest on the judgment sum until it is liquidated, the judge ordered.

    The judge awarded N50,000 to the bank as cost of prosecuting the suit and directed the Attorney-General of Zamfara, Ministry of Finance, Accountant-General, Attorney-General of the Federation and CBN “to ensure the full and effectual compliance with the judgment.”

    Justice Abang held that N3, 159,017,740.71 was the outstanding indebtedness on a facility of N1.5billion extended to Zamfara State by Oceanic Bank Plc, which was consolidated with Ecobank.

    Ecobank, in its claims, said the state’s Executive Council passed a resolution authorising its Finance Ministry to accept the loan on Zamfara’s behalf.

    It said the major security for the disbursement of the loan facility was a conditional Irrevocable Standing Payment Order (ISPO) from the state’s Value Added Tax (VAT) account domiciled with First Bank, Gusau branch.

    Ecobank said the facility suffered a setback when First Bank “stopped the warehousing of state Federation Account Allocation Committee (FAAC) and consequently declined further remittance for the payment of the indebtedness that arose from the subject facility.”

    An agreement was subsequently reached to restructure the debt in November 2010, after which the state “honoured rentals for a few months.”

    “However, the rentals to date have not been paid by the Zamfara State government despite that same have fallen due,” the bank said.

    Following the judgment, the bank, through its lawyer, Mr. Kunle Ogunba (SAN), prayed the court for an order nisi attaching the accounts of the judgment debtors/respondents to the garnishees.

    The applicant wants the court to order the banks to pay the debt directly to Ecobank from Zamfara’s accounts.

    Granting the order, Justice Abang ordered that the garnishes (the banks) should disclose forthwith the sums outstanding or that may accrue to Zamfara in their accounts.

    Each of the banks should make such disclosure on oath, verified by an affidavit filed before the court, the judge held.

    He directed the banks to appear before the court on the next adjourned date to show why an order should not be made for them to pay Ecobank the money.

    The bank, in a supporting affidavit, claimed that Zamfara “has not taken any steps to satisfy/liquidate the judgment sum.”

    It said it discovered that Zamfara maintains an account with all the banks in the country.

    “It is only through the attachment of the judgment debtor’s accounts with the garnishes that the judgment creditor/applicant can reap the fruit of its hard- earned judgment entered on September 30, by this honourable court,” Ecobank said.

    The banks are: Zenith, Access, Citi, Standard Chartered, Wema, Union, First Bank, Skye, Enterprise, Sterling, Unity, Keystone, UBA, Mainstreet, FCMB, Diamond, Stanbic IBTC, GTB, Fidelity and Ecobank.

    Justice Abang adjourned till November 6 when all the banks must appear before him.

  • Court remands octogenarian for possessing firearms

    The 80 years old woman, Comfort Izedomwen, who was caught with 68 live cartridges in Edo State has been remanded in prison custody.

    Madam Comfort and three others were remanded by an Egor Magistrate Court after they were arraigned on a four count charge of unlawful possession of firearms.

    Others are Stella Omobude, Ifah Ehiozefe and Monday Obaseki.

    Comfort was arrested at Ekae village in Ikpoba-Okha local government area after her accomplice, Stella was nabbed with 32 live cartridges.

    Police Prosecutor, Moses Obakpolor, informed the court that Ifah was arrested at Osasogie Street in Ekae village and one double barrel gun, two single barrel guns and nine live cartridges were found on him.

    Monday, according to Moses, was in possession of one double barrel gun.

    Moses said the offence is punishable under section 3 (1) of the Robbery and Firearms (Special Provision) Act Cap II laws of the Federation of Nigeria 2004.

    Presiding Magistrate, Mrs. N.P Edogun, said the court lacked jurisdiction to admit the accused persons to bail.

    Mrs. Edogun would seek legal advice from the Department of Public Prosecution and ordered the accused persons remanded in prison custody.

    She adjourned the case to December 19 for mentioning.

  • Idongesit’s murder: Protesters storm court

    Idongesit’s murder: Protesters storm court

    Scores of protesters including family members of a woman, Idongesit Comfort Ekpo, allegedly killed by a police corporal, Musiliu Aremu, yesterday besieged the Ebute Meta Chief Magistrate’s Court in Lagos.

    Led by Dr Joe Okei-Odumakin, President of Women Arise, a human rights group, the protesters demanded justice.

    Various placards with inscriptions, “Injustice to one is injustice to all”, “We demand responsible policing of Nigeria”, “Justice must be served on killer cop, Museliu Aremu” among others were displayed at the court premises.

    Aremu, 28, allegedly shot dead Mrs Ekpo on September 16 while returning from church with her husband and child in a tricycle.

    At his arraignment on September 18, the court had ordered the accused, who was charged with a two-count charge of murder and causing grievous harm, be remanded in police custody at Panti, Yaba, pending legal advice from the Director of Public Prosecution (DPP).

    At the resumed hearing of the case yesterday, G.O. Osuyi, a counsel from the State Criminal Investigative Department, Panti, and Inspector Chinalu Uwadione, told the court that the offences were committed on September 16 around 8p.m. at Isheri Oshun, Ijegun, a Lagos surburb.

    Osuyi alleged that Aremu, attached to the Isheri Oshun Police Station, shot dead one Comfort Idongesit Ekpo and caused grievous harm to one Godwin Ekpo, the deceased husband.

    The accused, he narrated, opened fire at the tricycle “Keke Marwa” in which the couple was riding on their way home, shattering the head of the mother of four and causing serious injury to the husband’s jaw.

    He said the offence contravened Sections 221 and 243 of the Criminal Law of Lagos State 2011.

    Defense counsel Lekan Alabi, urged the court to grant the accused bail.

    Chief Magistrate Folasade Botoku rejected the appeal.

    Botoku noted that the court lacked the jurisdiction to prosecute such a case, saying that the case was still premature because it had not exceeded 60 days.

    “The court is not aware that there is a difference between the accused, a public servant and an ordinary citizen, hence bail is hereby refused.”

    The magistrate ordered the accused be remanded again, this time at the Ikoyi Prisons pending advice from the DPP.

    The case was adjourned till Nov. 25.

     

  • Benue High Court halts probe

    Justice Iorhemen Hwande of the Benue State High Court in Makurdi has halted the probe panel set up by Governor Samuel Ortom to investigate the financial dealings of his predecessor, Dr. Gabriel Suswam

    A statement by Gov. Ortom’s Special Adviser on Media and ITC, Mr. Tahav Agerzua, said the governor has accepted the court’s ruling. The court had ordered stay of proceedings on the probe.

    Governor Ortom said the suspension was a temporarily judicial process and that the state government’s lawyers would follow due process to vacate it.

    He expressed confidence in the judiciary, due process and the rule of law.

    “The governor explained that he set up the judicial panel to avail all concerned the opportunity to defend themselves in accordance with the core values of his administration, which include transparency,  fairness,  accountability and justice,” the statement said.

    Reacting to the calls that he should have extended the probe panels to the George Akume’s administration, the governor said he did not take over from the senator.

    He also said those, who voted for him specifically demanded that he should probe the immediate past administration.

    The probe, he said, is to know  why the state had been brought to its knees, so that his administration would avoid such pitfalls and learn lessons.

    The Governor stated that the people have expressed their wish that those who diverted public funds for personal use should be held accountable.

    “If possible, such funds or property should be recovered,” the statement added.

     

     

     

  • Defilement: Court to protect 10-year-old girl

    An Ogudu Magistrate’s Court in Lagos has ordered a Probate Officer to find out whether a 10-year-old girl allegedly defiled by her mother’s neighbour, Mr Mayowa Adeyemi, is safe at her residence.

    The girl’s mother, Mrs. Omowunmi, told the court that she and her daughter still live in the same building with the accused.

    Adeyemi, she said, lives a few doors from her single room apartment, adding that their paths cross on daily.

    She was, however, interrupted by the defendant’s counsel, Mr Kayode Rufus, who informed the court of the innocence of his client.

    Rufus told the court that he even had a credible witness – the defendant’s landlord – who was willing to testify on his behalf.

    However, Magistrate Sule Hamzat stopped his address on the grounds that proceedings had not reached that stage.

    Hamzat said: “My concern at this stage is the victim’s safety. The court needs to find out whether the the victim is protected at her home.”

    She ordered the Probate Officer to locate the victim’s residence and find out whether it was safe enough for her to reside there.

    Mayowa was first arraigned by the police on August 24 at an Ikeja Magistrate’s court in Ogba, on charges on child molestation and defilement, but he was granted bail and the case file was transferred to the Ogudu Division of the court.

    The Nation learnt that the accused was arraigned following the outcome of an examination carried out on the victim at the Mirabel Centre, Lagos State University Teaching Hospital (LASUTH), Ikeja.

    From the Mirabel Centre, the matter was referred to the Lagos State Domestic and Sexual Violence Response Team (DSVRT).

    The DSVRT, a department in the Lagos State Ministry of Justice, has offered to provide free legal aid for the victim.

    Magistrate Hamzat fixed November 11 for the probate officer’s report.

  • Siblings in court over father’s property

    A renowned professor of paediatrics and senior consultant paediatrician at University of Nigeria Teaching Hospital (UNTH)  Enugu, Prof. Mrs. Henrietta Okafor has taken her younger brothers to a Federal High Court in Enugu, demanding for takeover of their late father’s company and property.

    Mrs. Okafor who is also the Director of the Institute of Child Health, UNTH, is contesting that the way Uchenna Enterprises (their father’s company) is being managed is not satisfactory.

    Mrs. Okafor is the first daughter of the late Dr. Henry Curtis Chukelu Nwankwo, who was a major player in the property sector and owns several choice properties.

    In the pending Suit No: FHC/EN/CP/04/2014 at the Federal High Court Enugu, the respected medical practitioner wants the court to declare that the affairs of the business venture are being run to her detriment and to order the Probate Registry, Enugu, to steer clear of the firm’s affairs.

    She is also pleading to appoint the Chief Registrar of the Federal High Court, Enugu or his representative, to take over the affairs of the company until all issues pertaining to it are resolved, including the appointment of a receiver/manager/liquidator to wind up the company’s affairs.

    The professor’s law-suit against her brothers over their father’s property is causing ripples, especially in the Nwankwo’s hometown, Ufuma, in Orumba North LGA of Anambra State, because of the high regard in which their late father’s name is held by his kinsmen, and because such an action is unheard of in Igbo culture.

    The professor’s mother, late Mrs. Christiana Chibuzo Nwankwo, and their sons, Hector, Christian, and Prince, were listed as Directors and Shareholders of the company but not Mrs. Okafor.

    A source within the community revealed that the Nwankwo extended family have been informed about the law-suit, and it’s members are working hard to sort out the matter inside the kindred group.

    Hearing of the matter that came up on Tuesday October 6 2015 continues.

     

  • Two docked for ‘stealing’ N4.2m phones

    Two docked for ‘stealing’ N4.2m phones

    Two men, Isah Ali and Kashalla Hassan, were Wednesday arraigned at a Lagos State Chief Magistrate’s Court sitting in Ikeja, for allegedly stealing two cartons of brand new phones at Computer Village in Ikeja.

    Ali, 36, Hassan, 35, and others now at large, were accused of committing the offence at about 5am, on October 10, 2015, at No. 4, Otigba Street, Ikeja.

    The court was told that the suspects conspired with each other and stole the phones, valued at N4.2million, property of one Mr. Duru Remy.

    The Prosecutor, Assistant Superintendent of Police (ASP) Samson Ekikere, informed the court that the offence is contrary to and punishable under Section 285 (7) of the Criminal Laws of Lagos State 2011.

    The accused, who were read the charges in Pidgin English, pleaded not guilty to the two-count charge of conspiracy and stealing.

    The Chief Magistrate, Mrs. Y. O. Aje-Afunwa, granted the suspects N500, 000 bail each and two sureties in the like sum. She adjourned the matter till November 25 for trial.

  • Disu: Court remands 17 in police custody

    Disu: Court remands 17 in police custody

    •Lagos Assembly: check arms proliferation •Ashafa, APC condemn killing 

    An Ebute-Metta Magistrate’s Court in Lagos yesterday granted the State Criminal Investigation Department (SCID) leave to remand in custody 17 suspects held for the killing of the Managing Director, Lekki Worldwide Investment Limited, Mr. Tajudeen Disu.

    Gunmen attacked Disu on Monday at a peace mission to one of the communities in the Free Trade Zone area in Ibeju Lekki.

    Ruling on an application by the prosecuting counsel for leave to remand the suspects, the Magistrate, Mrs Folashade Botoku, said: “Having listened to the arguments of both the prosecuting and the defence counsel, I quite agree with the defence on the issue of jurisdiction of this court to hear a case of murder.”

    The magistrate, however, said what was before her was not a charge but an application to remand the suspects in custody to enable the police conduct thorough investigation.

    According to her, Section 264 of the Administration of Criminal Justice 2011 (Sections 1 and 2) empowers the court to entertain such application.

    On the application for bail as requested by the defence counsel, the magistrate said while Section 264 empowers the court to grant the leave to remand the suspects in custody, the same section does not empower the court to grant bail, since it lacks jurisdiction to hear murder case.

    The prosecution counsel further argued that Section 27 of the Magistrate Court Law 2009 empowers the police to present before a magistrate court within a reasonable time person(s) arrested for murder.

    He further argued that the court has the jurisdiction to grant the police an order to remand such suspects in custody for a minimum of 30 days.

    The court ordered that Dele Ajayi; Tajudeen Jegede; Saidi Akanni; Oyelade Taiwo; Sunday Bulus; Abiola Ogunsanwo; Okunaya Stephen; Taiwo Gafar; Agunrege Banji; Gafaru Ahmed; Moses Okoro; Talabi Quadri; Ipaye Oriyomi; Quadri Yusuf and Tunde Yusuf be remanded in police custody for 30 days, pending further investigation.

    Members of the House of Assembly yesterday observed a minute silence in his honour.

    The Speaker, Mudashiru Obasa, ordered the honour, following a motion on Matter of Urgent Public Importance moved by Rotimi Olowo (Somolu 1).

    The House directed that a condolence letter be written by the Clerk, Ganiyu Abiru, to the family.

    The lawmakers described the late Disu as a peace lover and committed patriot with genuine love for the development of Lagos.

    They urged Governor Akinwunmi Ambode to arrest the perpetrators and address small arms proliferation in the state.

    The House observed the growing problem of land grabbers (omo onile), saying it would pass into law the bill before it to address the menace.

    Moshood Oshun (Lagos Mainland 2) berated the Baale (ruler) of the area for saying that his people were fighting for their land.

    According to him, the Baale should by now be “behind bars for saying that they were fighting for their land after somebody had been killed”.

    The senator representing Lagos East, Gbenga Ashafa and the All Progressives Congress (APC) condemned the killing.

    Ashafa, in a statement, said: “The sad news of the untimely passing of my good friend, fellow progressive and fellow constituent reached me with shock.

    “It shook me to the core as his loss leaves a huge gap amongst the tribe of intellectual and successful Lagosians.

    “Disu was a visionary; a man who saw possibilities when others saw obstacles. It was his can-do spirit that gave needed impetus to the Lekki Free Trade Zone and many other laudable initiatives in the area.

    “His passing proves that life is transient. It urges us all –leaders and followers – to do the best with every second granted us by the Almighty.

    “The dearly departed has run his race and did his best. May Allah grant him Al-jannah Firdaus.”

    The APC’s Publicity Secretary, Joe Igbokwe, urged security agents to arrest the killers.

    In a statement, he said: “The killing portends grave danger to the effort to develop the state and country.

    “We believe that the perpetrators are sworn enemies of progress.

    “We believe that the law must exert maximum pressure to send the message that such extreme cases of bestiality are not tolerable under the new order evolving in Nigeria today.

    “Disu was a tested and competent technocrat who had worked hard for the progress and development of Lagos.

    “His commitment to the effort to provide a conducive environment for investments in Lagos is unquantifiable and his dreams of a Lagos that drives innumerable investments and limitless opportunities remain indelible.

    “Lagos will miss this rounded technocrat.”

     

  • Court dissolves 25-year-old marriage over battery

    A Grade 1 Area Court in Gudu, Abuja, on Tuesday, dissolved the marriage between Ibrahim Gurama and his wife Fatima Ibrahim for battery.

    The Judge, Isah Imam dissolved the union at the resumed hearing of the divorce suit filed by the wife.

    In his judgment, Imam considered and granted approval to the letter of consent to divorce sent to the court on Oct. 6, by the respondent.

    He said the letter, which was written in the presence of the court’s bailiff and respondent’s relatives had been accepted by the court and the marriage stood dissolved.

    Earlier, the plaintiff, a resident ‎of Wuye, Abuja had accused her husband of Bocos, Jos the Plateau capital, of battery, lack of proper care and love.

    She said that their marriage produced 10 children.

    She said that her husband refused to send the children to school and did not provide money for their feeding.

    She added that her husband had beaten and injured her on several occasions.

    Fatima said she had reported him to the police on several occasions and had been treating injuries sustained from battery.

  • Court stops Ortom from probing ex- governor

    Court stops Ortom from probing ex- governor

    A Makurdi High Court, presided over by Justice Iorhenmen Hwande, has ordered ‘stay of proceedings’ on the Judicial Commission of Enquiry and the Administrative Panel of Enquiry set up by the Benue State government to probe ex-Governor Gabriel Suswam administratin, pending the determination of the substantive motion.

    Suswam filed a suit containing 10 motions supported by an affidavit at the High Court to restrain his successor, Governor Samuel Ortom, from probing his administration.

    Justice Hwande said: “After considering the affidavit and addresses of counsel to Suswam and also having recourse to s.22(2) of the High Court law and order 40(3(1) of the High Court, civil procedure rules 2007, I’m satisfied that leave ought to be granted the applicant to proceed as prayed.

    “Consequently, leave is granted the applicant (Suswam) to seek the relief as contained in the motion paper. Notice is to serve on the respondents, who may react where they choose.

    “The leave is to operate as ‘Stay of Proceedings’, pending when the main application is heard.”