The Nation Newspaper

Tag: Court

  • Court refuses ex-Mint boss’ request for freedom

    Court refuses ex-Mint boss’ request for freedom

    Detained former Managing Director and Chief Executive Officer (CEO) of the Nigerian Security Printing and Minting Company (NSPM), Emmanuel Okoyomon, yesterday lost his bid to regain freedom as a High Court of the Federal Capital Territory (FCT) in Apo dismissed his application.

    Justice Valentine Ashi, in a ruling, upheld argument by respondents’ lawyer, Muslim Hassan, to the effect that Okoyomon’s application filed after the Court of Appeal ordered his remand in Kuje prison, Abuja pending the determination of his appeal, was misplaced and without merit.

    The judge, who held that his court was without jurisdiction to hear Okoyomon’s application,  agreed with the position canvassed by the Deputy Comptroller in Charge of Medium Security Prison, Kuje  and the Attorney General of the Federation (who are the respondents) that the Federal High Court has exclusive jurisdiction over extradition proceedings.

    Justice Ashi further held that since Okoyomon’s detention at the Kuje prison arose from an extradition proceedings, and on the strength of a judgment by a Federal High Court in Abuja, his fate is tied to the extradition proceedings.

    The judge was of the view that Okoyomon could either turn to the Federal High Court with his fresh application –a writ of habeas corpus – or return to the Court of Appeal to pursue his pending appeal to a logical conclusion.

    He held that he cannot grant Okoyomon’s application since the Court of Appeal was aware of his pending appeal and that the appellate court had already refused his earlier bail application, but ordered his continued detention pending the determination of his appeal.

    “I am unable to find any law empowering me to circumvent the decision of the Court of Appeal. In view of all I have said, I find no merit in this application. It is frivolous,” the judge said and dismissed the application.

    Justice Evoh Chukwu of the Federal High Court, Abuja had on May 4 this year, granted Okoyomon’s extradition to the United Kingdom where he has been accused of complicity in the bribery allegation, involving officials of Central Bank of Nigeria (CBN NSPM and Securency International Pty of Australia between 2006 and 2008.

    Okoyomon appealed the High Court decision at the Court of Appeal, Abuja. He applied to the court for bail and stay of execution of the decision by Justice Chukwu. But, in its ruling on June 26, the appellate court rejected his (Okoyomon’s) application for bail on the ground that it was unmeritorious.

    The appellate court however granted Okoyomon’s request for stay of execution of the judgment of the Federal High Court, Abuja, directing the Federal Government to proceed with his extradition.

    Rather than pursue his pending appeal, Okoyomon went before the FCT High Court with a fresh suit, challenging his continued detention.

  • Court refuses ex-Mint boss’ request for freedom

    Court refuses ex-Mint boss’ request for freedom

    Detained former Managing Director and Chief Executive Officer (CEO) of the Nigerian Security Printing and Minting Company (NSPM), Emmanuel Okoyomon Friday lost his bid to regain freedom as a High Court of the Federal Capital Territory (FCT) in Apo dismissed his application.

    Justice Valentine Ashi, in a ruling, upheld argument by respondents’ lawyer, Muslim Hassan to the effect that Okoyomon’s application filed after the Court of Appeal order his remand in Kuje prison, Abuja pending the determination of his appeal, was misplaced and without merit.

    The judge, who held that his court was without jurisdiction to hear Okoyomon’s application, agreed with the position canvassed by the Deputy Comptroller in Charge of Medium Security Prison, Kuje  and the Attorney General of the Federation (who are the respondents) that the Federal High Court has exclusive jurisdiction over extradition proceedings.

    Justice Ashi further held that since Okoyomon’s detention at the Kuje prison arose from an extradition proceedings, and on the strength of a judgment by a Federal High Court in Abuja, his fate is tied to the extradition proceedings.

    The judge was of the view that Okoyomon could either turn to the Federal High Court with his fresh application –a writ of habeas corpus – or return to the Court of Appeal to pursue his pending appeal to a logical conclusion.

    He held that he cannot grant Okoyomon’s application since the Court of Appeal was aware of his pending appeal and that the appellate court had already refused his earlier bail application, but ordered his continued detention pending the determination of his appeal.

    “I am unable to find any law empowering me to circumvent the decision of the Court of Appeal. In view of all I have said, I find no merit in this application. It is frivolous,” the judge said and dismissed the application.

    Justice Evoh Chukwu of the Federal High Court, Abuja had on May 4 this year, granted Okoyomon’s extradition to the United Kingdom where he has been accused of complicity in the bribery allegation involving officials of Central Bank of Nigeria (CBN NSPM and Securency International Pty of Australia between 2006 and 2008.

    Okoyomon appealed the High Court decision at the Court of Appeal, Abuja. He applied to the court for bail and stay of execution of the decision by Justice Chukwu. But, in its ruling on June 26, the appellate court rejected his (Okoyomon’s) application for bail on the ground that it was unmeritorious.

    The appellate court however granted Okoyomon’s request for stay of execution of the judgment of the Federal High Court, Abuja directing the Federal Government to proceed with his extradition.

    Rather than pursue his pending appeal, Okoyomon went before the FCT High Court with a fresh suit, challenging his continued detention.

  • Pastor arraigned for defiling teenager

    Pastor arraigned for defiling teenager

    A 40-year-old Pastor, Abraham Akpan, was arraigned in an Ikeja Magistrates’ Court on Friday over the defilement of a teenager.

    Akpan of No. 39, Hassan Ogunmola St., Ijaiye, a suburb of Lagos, is facing a three-count charge bordering on rape.

    The prosecutor, Sgt. Jimah Iseghede, told the court that Akpan committed the offence between Aug. 27 and Aug. 29 at his residence.

    He told the court that the parents of the 16-year-old girl took her to the church for deliverance where Akpan allegedly defiled her.

    “At the deliverance session, when nobody was there, the pastor raped the girl severally,” he said.

    The prosecutor said the offence contravened Sections 135, 137 and 141 of the Criminal Law of Lagos State, 2011.

    Akpan, however, pleaded not guilty to the offence.

    The Chief Magistrate, Mr Tajudeen Elias, adjourned the case to Sept. 21 for ruling on the bail application for Akpan.

  • Man jailed for defiling neigbour’s daughter

    Man jailed for defiling neigbour’s daughter

    An Ikeja Magistrates’ Court on Friday sentenced a 25-year-old unemployed man, Ogboru Godspower, to 14 years imprisonment for defiling a 13-year-old daughter of his neighbour.

    The Chief Magistrate, Mr Tajudeen Elias, sentenced Godspower after he pleaded guilty to the offence.

    “The accused is hereby sentenced to 14 years imprisonment to serve as deterrent to others and to reform him to be a law abiding citizen,” he said.

    The convict was arraigned on Aug. 14 on a one-count charge of defilement.

    The convict, lives at 30, Egbin Sand filled Ijede, Ikorodu in Lagos.

    The prosecutor, Jimah Iseghede, had told the court that the offence was committed on Aug. 8 at Godspower’s residence.
    Iseghede said that the victim was going to take her bath when the accused waylaid her, removed her towel and defiled her.

    “It was a neighbour who saw the accused in the act that alerted the whole house,’’ he said.

    The prosecutor said that the offence contravened Section 137 of the Criminal Law of Lagos State, 2011.

  • Save us from AMCON, G.Cappa begs court

    Save us from AMCON, G.Cappa begs court

    A construction company, G.Cappa Plc, yesterday prayed the Federal High Court in Lagos to order policemen who sealed off its offices to leave immediately.

    It asked the court to discharge an ex-parte order granted the Asset Management Corporation of Nigeria (AMCON) which took over the company over an alleged unpaid N1.2billion debt.

    G.Cappa said AMCON did not follow due process in executing the order.

    Besides, it said the ex-parte order made by Justice Chukwujekwu Aneke on May 14 had elapsed “by effluxion of time” as at when the order was executed on August 27.

    It sought an order discharging the ex-parte order, and prayed the court to direct that its bank account be unfrozen.

    G.Cappa’s lawyer Mr Taiwo O. Taiwo said his client does not owe the sum claimed by AMCON. Rather, he said the Federal Government owes G.Cappa.

    “We’re under serious hardship. We can’t go to our office because the police have sealed it up. This is a company that employs so many people. We have no choice than to come to court to save us from those who think they have so much power,” Taiwo said.

    In a supporting affidavit, he applicant said: “The execution of the ex-parte order was without regard to the interest of the defendant’s tenants at the two premises occupied by policemen.”

    AMCON had taken possession of the company’s property at Kano Street, Borno Way, Ebutte Metta, and at 8, Taylor Road, Iddo, Bond Line, Lagos.

    The corporation said G.CAPPA approached UBA Plc for working capital to the tune of N880million as overdraft, short term advance, direct credit, bonds and guarantees for corporate restructuring, which were granted through offer letters of April 28, 2000; April 30, 2001 and March 14, 2002.

    The property was said to have been used to secure the loan, which was bought over by AMCON.

    “At the expiration of the facility, the defendant failed, neglected and/or refused to liquidate its indebtedness to it, leaving an outstanding balance of N1,207,296,646.45 being the outstanding balance as at the 4th day of June, 2014,” AMCON said.

    But G.CAPPA denied failing or refusing to repay the debt, saying the issue has always been that of ascertaining its exact indebtedness to UBA Plc.

    The defendant said it has made some payments to UBA amounting to N250million, adding: “The defendant is not bound to pay the sum claimed by the plaintiff because that is not the actual amount it owed the plaintiff.”

    G.CAPPA has also filed a counter-claim against AMCON and UBA, saying that the overdraft facility it took from UBA was N250million by commercial paper and that it owes the bank only N86million.

    It said UBA unilaterally varied terms of the agreement to the detriment of G.CAPPA, which adversely affected its business.

    Justice Mohammed Yunusa will rule today on G.Cappa’s application.

  • N5b pre-paid meter: Court restrains Eko DISCO

    N5b pre-paid meter: Court restrains Eko DISCO

    Justice M. N. Yunusa of a Federal High Court sitting in Lagos has restrained Eko Electricity Distribution Company (EKEDC) from operating parallel account called “Eko Electricity Distribution Company Meter Account” number 2562128948 domiciled with ECOBANK Nigeria Plc.

    Justice Yunusa issued the order after hearing the submissions of Wahab Shittu and Olawale Ajia, counsel to the applicants Momas Systems Nigeria Limited and Momas Electricity Meter Manufacturing Company Limited (MEMMCOL), first and second respondents respectively, in a Motion Ex-Parte brought against EKEDC.

    The applicants are claiming N2.050 billion as special damages and another N3 billion as general damages against the first and third respondents respectively.

    The second and third respondents in the matter are Nigerian Electricity Regulatory Respondents Commission (NERC) and ECOBANK Nigeria Plc.

    Justice Yunusa also compelled EKEDC to direct electricity consumers in the area exclusively assigned to the applicants to pay fees for the supply and installation of meters into an Escrow CAPMI bank account controlled jointly by the applicants and the first respondent under the CAPMI Scheme called Momas/Eko Distribution CAPMI account number 5712006231 domiciled with third respondent.

    The trial judge said the orders would subsist pending the hearing and determination of the Motion on Notice brought against the respondents scheduled to commence Monday, September 14, 2015.

    In a 41-point affidavit he deposed to, the Chairman/Chief Executive Officer (CEO) of the applicants, Kola Balogun, saidhe was aware that the second respondent is an agency of the Federal government charged with the responsibility of regulating and monitoring the Nigerian electricity industry, issuance of licenses to market participants and ensuring compliance with market rules and guidelines.

    According to him, sometime in May, 2013, the second respondent licensed the first and second applicants in the CAPMI Scheme, as Metering Service Providers (MSP) and also approved the participation of the companies as Metering System Vendor and as Metering System Manufacturer respectively.

    Balogun added that as a result of the alleged breach of contract between the parties  by the first respondent, the applicants have suffered series of financial crises, including a pile up of unsold meters and spare parts stocked in its warehouse; inability to service loan facility obtained from banks with the attendant astronomical interest; inability to access new loans facility and imminent collapse and wind up of companies; inability to meet obligations, including payment of salaries to workers among other problems.

  • Court remands man for alleged rape, infecting victim with HIV

    Court remands man for alleged rape, infecting victim with HIV

    An Abeokuta Chief Magistrates’ Court yesterday remanded a 29-year-old man, Morufu Sofoluwe, in prison custody for allegedly raping his nine-year-old neighbour’s daughter and infecting her with HIV.

    The prosecutor, Sunday Eigbejiale, told the court that the offence was committed sometime in July at Isale-Abetu in Abeokuta.

    He said the accused lured the victim, whose parents were his neighbours, into his room and had carnal knowledge of her.

    “The nine-year-old girl, who had been ill for a while, was taken to the hospital on August 28. Tests were carried out and the results indicated that she has HIV.

    “After questioning, the victim later told her parents that the accused was the one, who defiled her. The accused has also been diagnosed with HIV,’’ the prosecutor said.

    He said the offence contravened Section 218 of the Criminal Laws of Ogun, 2006.

    The court did not take the plea of the accused.

    The Chief Magistrate, Mr. Anthony Araba, ordered that the accused be remanded in Oba Prison pending the advice by the Director of Public Prosecution.

    He adjourned till October 30.

  • Man jailed for abducting three-year-old boy

    Man jailed for abducting three-year-old boy

    A Minna Magistrates’ Court, on Wednesday sentenced one Kabiru Salisu to six months imprisonment for abducting a 3-year-old boy.

    Magistrate Amina Musa said that abduction was a serious crime and one that would have brought agony to the child’s parents.

    Musa, however, said the convict has shown remorse and sentenced him to six months imprisonment without an option of fine

    The convict was arraigned on a 2-count charge of trespass and abduction of a 3-year- old boy.

    The prosecutor, Insp. Alfred Auta, had told the court that one Baba Abubakar, reported the matter at Agaie Police Station on May 16.

    Auta alleged that on the same day at about 2:30 a.m., the convict trespassed into Abubakar’s compound and abducted the child.

    He said the accused was later apprehended by the police and the child rescued.‎

    Salisu pleaded guilty to the charges and begged the court for leniency.

     

  • Four suspected kidnappers in court

    Four persons have been arraigned people before an Isolo Magistrate’s Court in Lagos for allegedly kidnapping Ebenezer Dare Owagbemi.

    Prosecuting police Inspector Abass Abayomi said Ramoni Shofodun, Marcus Awilo, Raphael Omoro, Solomon Omojowo and others at large committed the offence on July 2 at Imagbon in Ikorodu, Lagos.

    Abass said the quartet collected N3 million ransom for the release of Owagbemi.

    He added that the offence contravened Sections 409, 269(i) and 269(3) of the Criminal Law of Lagos State.

    They pleaded not guilty.

    Magistrate Adeola Adebayo granted them N1 million bail with two sureties in the like sum each.

    The case was adjourned till September 27.