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Tag: Court

Court awards N5m against EFCC for freezing firm’s account

The Federal High Court in Lagos Tuesday awarded N5million damages against the Economic and Financial Crimes Commission (EFCC) for sealing up a company and freezing its accounts without a court’s order.

Justice Ibrahim Buba held that the commission acted irrationally. He delivered judgment in a suit by Rana Prestige Industries Nigeria Limited and its director Gnanhoue Nazaire against the EFCC, Mrs Alice Bulus and Mrs Rachadatou Abdou.

Through their lawyer Chief Rickey Tarfa (SAN), they filed a fundamental rights enforcement suit and prayed the court to order the unsealing of the company’s business premises.

They also prayed for an order unfreezing its accounts with Diamond Bank, Ecobank, and Access Bank, as well as an order of perpetual injunction restraining EFCC from violating their rights.

Rana Prestige and Nazaire sought N100million damages, and N10million as cost of the action.

Justice Yunusa granted all the reliefs sought, except the damages and cost. He awarded N5million to the applicants and made no order as to cost.

The judge said the EFCC wrongly exercised its prosecutorial discretion in sealing up the company.

“There is no evidence that the order of court was obtained prior to sealing the company,” the judge held.

Besides, he said the commission did not do a preliminary investigation before it moved against the company after receiving a petition against it and the director.

“It is clear that the first (EFCC) and second respondents did not exercise their discretion properly.

“There is nothing in the record that they did any preliminary investigation. The first and second respondents acted irrationally,” the judge held.

The EFCC had earlier filed criminal charges against the applicants, which is still pending before the court.

Also charged with forgery and “uttering” of forged documents (presenting a forged document as genuine) are the company’s General Manager, Senou Modeste and a staff Ferdinand Egede.

EFCC said they allegedly conspired amongst themselves on May 28, 2007 to forge Rana Prestige’s ordinary resolution which they purported to have been signed by Mrs Rachadatou Abdou, who co-owns the company.

The commission said they allegedly forged a Corporate Affairs Commission (CAC) Form 7 dated November 22, 2005, claiming it was signed by Mrs Abdou.

The four-count charge includes conspiracy to commit a felony, forgery and uttering of false document, which violate section 516, 467 and 468 of the Criminal Code, Cap C17, Laws of Lagos State of Nigeria 2003. They are yet to be arraigned.

In a supporting affidavit, an EFCC investigating officer said the board resolution was purportedly signed and passed by the directors appointing Egede as the Company Secretary while Mrs Abdou was out of the country.

The commission said Nazaire fraudulently converted the company’s share to his use and to Mrs. Abdou’s prejudice, as well as “converted huge sums of money” belonging to the company “to his own use.”

September 8, 2015
Man arraigned for ‘impersonating’ Customs Comptroller

For allegedly impersonating a Deputy Comptroller General of Customs, 26-year-old Alao Akojiime was Tuesday arraigned before a Lagos Magistrates’ Court, Igbosere.

He is facing a four count charge of conspiracy, fraud and impersonation under Sections 409, 312, 285 and 378 ‎ of the Criminal Laws of Lagos, 2011.

The defendant was said to have presented himself as the Customs boss, Peter Akande ‎on August 12, in order to defraud a job seeker, Samuel Eze.

He was said to have obtained N33, 300 from Eze under the pretence of securing him a job with the Nigerian Customs Service.

Prosecuting Inspector Haruna Ibrahim told the Magistrate F.F. George presided court that ‎the defendant also advertises and auctions vehicles using Customs all to defraud people.

‎He alleged that aside the money obtained from Eze, the defendant has defrauded several others in the guise of obtaining recruitment forms into the service.

‎The defendant however pleaded not guilty to the charges against him and was admitted to bail in N50, 000 with two responsible sureties in like sum.

The matter has been fixed for October 2, for mention.

September 8, 2015
Widow asks Appeal Court to suspend bench warrant

Widow of a former Permanent Secretary, Federal Capital Territory, Ayodeji Omotade, Folashade, has asked the Court of Appeal in Lagos to stay execution of a bench warrant issued for her arrest by Justice Latifat Oluyemi of the Lagos State High Court in Ikeja.

She is also prayed the Court of Appeal for an order suspending the operation of the bench warrant and for a stay of all further proceedings in respect of the contempt proceedings pending the determination of the appeal.

Justice Oluyemi had on August 4 issued a Bench Warrant for the appellant’s arrest for her alleged failure to appear in court on July 21 in a case involving her late husband’s estate.

The warrant was issued over her sale of a house located in Omole Phase 1, Ojodu Lagos which the litigant, Grace Omotade claimed belong to the late permanent secretary.

Ayodeji Omotade died in the ill-fated Bellview Air crash of October 22, 2005, which crashed at Lisa Village, Ifo shortly after taking off from Murtala Muhammed International Airport in Lagos en route Abuja, killing all 117 passengers on board.

Folashade is a defendant in a suit instituted by Grace, who also claimed to be the deceased’s wife.

Folashade’s appeal was filed by her lawyers led by Professor Taiwo Osipitan (SAN). In her grounds of appeal, Folashade argued that the trial judge erred in law by issuing/ordering the issuance of a Bench Warrant for her arrest on account of non-appearance in court.

She claimed not to have received any hearing notice.

Osipitan said the trial judge erred in law “by assuming jurisdiction over the Contempt proceedings in Civil Suit instituted against the Appellant, and issuing Bench Warrant against the Appellant.”

“The right of the appellant to fair hearing was compromised or is likely to be compromised by the assumption of jurisdiction over contempt proceedings by learned trial judge whose order is alleged to have been violated by the appellant”.

He submitted in addition that the trial judge whose order was allegedly violated cannot be a judge in her own cause,” noting also that ”the exercise of judicial power of issuance of Bench Warrant, for the arrest of the appellant (during the long vacation of the court) compromises or is likely to compromise appellant’s right to personal liberty enshrined by the 1999 Constitution (as amended).

Folashade however averred in a supporting affidavit she deposed to that the house belonged to her and that she purchased it from one Robinson Omorere in the sum of N60million.

She claimed to have paid for the property in three installments with cheques drawn from her company’s account.

She denied knowledge of Grace as a wife of her late husband and, challenged her to produce legal proof of marriage.

Her counsel, Osipitan argued that the alleged contempt in respect of the sale of the property situated at 5, Kayode Alli Street, Omole Phase I, Ikeja, Lagos State is not a contempt in the face of the court emphasizing that the trial judge lacks the jurisdiction to try a case of alleged contempt which is not in the face of the Court.

He also argued that the trial judge lacks the Judicial power to issue bench warrant of the appellant.

According to her counsels “the position of law is that the bench warrant cannot be executed whilst there is still an application for stay pending before the Court.”

September 8, 2015
Lagos to establish Customary Court of Appeal

Lagos State government has concluded arrangement to establish a Customary Court of Appeal, to handle appeals from the customary courts.

The Chief Judge, Justice Olufunmilayo Atilade, who spoke yesterday at the swearing-in of 107 judges of customary courts, said the court would be headed by a President.

The judges comprise 19 presidents and 88 members. They are to preside in 52 local governments and local council development areas (LCDAs) and will replace those no longer in service because of old age, tenure of office and death.

Justice Atilade said under the Lagos State Customary Court Law 2011, the judges have jurisdiction to adjudicate on tenement rates, environmental sanitation offences, minor road traffic offences, among others.

She advised them to be fearless and dispense justice with fairness, adding that they should be responsible in the discharge of their duties.

“I congratulate you on your appointments. The present customary court judges, having occupied the position and served well, it is important to replace the ageing ones or those who have died.

“I admonish you to be diligent and passionate. You must be a good listener, humble, above board and have the knowledge of the law of the land.”

The Executive Secretary of the Lagos State Judicial Service Commission (JSC), Mrs. Ayodele Odugbesan, said Section 3 of the Customary Court Law, 2011 empowered the chief judge to make the appointment and administer oath on them.

She said the presidents and the judges were found worthy of the appointments as spelt out in Section 5 (1) of the Customary Law of the state.

Mrs. Odugbesan urged the appointees to be “responsible and live above board.”

Speaking on behalf of the judges, Mr. Nurudeen Omotayo thanked the chief judge for the appointment.

Said he: “I thank you for the trust reposed in us. We pledge that we will be faithful, diligent and fair. We will use our experience to handle cases.”

Omotayo assured the chief judge that she would find them worthy of the noble assignment given them, stressing that they would deliver as expected of them.

September 4, 2015
‘How I was caught with 27 phones’

A 19-year-old man, Saliu Oladunni, Thursday narrated how he was caught by the police with 27 phones burgled from a shop at Wole Ajeboriogbon Street, Sabo, Ikorodu.

The Nation gathered that the property is said to belong to one Mrs. Wasiu Omolabake.

Oladunni, who was arraigned before a magistrate’s court in Ikorodu Thursday, told The Nation that he wasn’t part of the gang that stole the phones, but he helped the thieves to deliver them to phone sellers.

He said: “I was taking my broken phone to a mallam for repair when the guys asked me to take the 27 phones to the same mallam.

“The mallam repairs and sells phones, but I didn’t know he was working for the police too.

“It was when the police came and arrested me there that I knew the phones were stolen,” Oladunni claimed.

The Prosecutor, Corporal Mary Ajiteru, told the court that on August 31, 2015, Oladunni and several others at large at about 3:30am burgled Mrs. Omolabake’s shop and made off with 44 different phones and accessories worth N180, 000.

When the three-count charge was read to him in Yoruba, Oladunni pleaded guilty to conspiracy and stealing punishable under Sections 409 and 285 of the Criminal Laws of Lagos State, 2011 respectively. He denied the second charge of burglary.

The magistrate, Mr. O. O. Olatunji, ordered that the accused be remanded in prison and adjourned the case till October 22 for facts and sentencing.

September 3, 2015
Fake corps member bags one month imprisonment

A Jos Chief Magistrates’ Court on Thursday sentenced a 25-year-old man, Abubakar Mohammed, to one month imprisonment for impersonating as a member of the National Youth Service Corps (NYSC).

The Magistrate, Mr Tijanni Zololo handed down the sentence after Mohammed pleaded guilty to the crime and begged the court for leniency.

Zololo, however, gave the convict an option of N100, 000 fine.

He said that the sentence was meant to serve as a deterrent to those who might want to engage in similar acts.
The convict in his plea, attributed his action to the work of the devil, “I don’t know what came over me; it was the devil that made me do it.

“I wanted to belong, and to be at the same level with my peers that was why I did it, have mercy on me,’’ he said.

Mohammed who resides in Mubana Mujaye, Sokoto State, was charged with impersonation and forgery.

Earlier, the police prosecutor, Cpl. Samuel Chirkwap told the court that the accused was arrested and taken to the police station after fake NYSC documents were found on him.

He added that forged degree certificate of Usman Danfodio University, Sokoto was also found in his possession.

The prosecutor said that the offence contravened the provisions of Sections 179 and 111 of the Penal Code.

September 3, 2015
Man to court: My wife is an unrepentant drunk, smoker

A middle-aged man, Kunle Isalu, has urged a Grade “C” Customary Court in Iseyin, Oyo State to dissolve his 10-year-old marriage to his wife, Lara, over allegations of drunkenness and smoking.

The News Agency of Nigeria (NAN) reports that the complainant, Isalu, made the allegations at the Court sitting in Iseyin Council Area of Oyo State.

He told the court on Wednesday that the union, which had produced four children; ages eight, six, four and two, started having problems when Lara started keeping bad friends.

“Lara has always been a very good wife until of recent when she started keeping a bad company of friends.

“The first day I came home from a month’s journey was when I first noticed that her mouth smelled of alcohol and cigarette.

“She has since grown to be an unrepentant smoker and drunk; she now drinks at will to the extent that they know her in all the beer parlours in Iseyin here.

“She does not even have respect for her marital status or the integrity of our children; the situation has forced me to chase her out, but now I want the dissolution to be formalised.

“All our children are still with me and I’m sure they don’t want to go with her. I really can’t explain what the problem is.

“We have summoned various family meetings to make her change, but all was to no avail.

“I want her to drop my name after this dissolution, my lord,” he prayed.

Responding, the President of the court, Mr Raimi Oyegbenle, decried the absence of the respondent in spite of series of court summons.

He, however, ordered a fresh summon to be served on Lara, compelling her to appear in court on the next adjourned date.

Oyegbenle adjourned further hearing on the matter till Sept. 14.

September 2, 2015
Teacher in court for alleged sodomy

A 45-year-old teacher, Akintobi Kayode, who allegedly put his manhood in the anus of a 14-year-old deaf and dumb boy, was yesterday arraigned before an Ikeja Magistrate’s Court in Lagos.

The News Agency of Nigeria (NAN) reports that Kayode, who resides at Oladelu Street in Ogba, Ikeja, Lagos is standing trial on a two-count charge of rape and breach of peace.

The accused pleaded innocence.

Prosecuting Sergeant Jimah Iseghede told the court that the accused committed the offence sometime in May and July at his residence.

Iseghede said the accused after assaulting the boy, overpowered him before having a carnal knowledge of him.

“The boy, who is deaf and dumb, resides in the same neighbourhood with the accused. The accused always sends the boy on errands and on that day, he also sent him on an errand and lured him to his house and had a carnal knowledge of him by penetrating his anus.

“Kayode took advantage of the boy because of his condition … due to the pains he was experiencing he told his parents what the teacher had done to him,’’ he said.

Iseghede said the offence contravened Sections 166 and 258 of the Criminal Law of Lagos State, 2011.

Magistrate L.Y. Balogun granted Kayode N200,000 bail with two sureties in the like sum.

The case was adjourned till September 30.

September 2, 2015
Court rejects foreigner as surety

A Magistrate’s Court sitting in Ikorodu, Lagos has rejected a Beninese national, Jimoh Ameida, as surety for his brother, Lamina Ameida, in a case involving the damage of two Mercedes-Benz trucks.

Lamina, a 30-year-old employee of Blue Sky Pure Water Company, Igbogbo, was first arraigned in June for allegedly pouring salt into the engines of both trucks belonging to one Emily Nwokeduko, and valued at N2.3million each.

He was granted bail and presented Jimoh and one Christiana Ishola, as his sureties.

Police prosecutor, Mrs. Abosede Adegesin, however, told the court that there was reason to believe that the brothers were from Cotonou, and Jimoh, who gave his surname as Hammed, had provided a questionable address.

She added that the bond provided by Jimoh was unsigned while that given by Christiana had an address different from the one on her utility bill.

Mrs. Abosede, who substituted the former charge against Lamina for a fresh three-count charge, urged the court to reject the two as sureties for the accused because it would be impossible to trace them if they absconded.

The defendant’s counsel, Mr. Ilesa Obatayo, argued that there was no evidence that Jimoh was not a Nigerian and prayed the court to allow Lamina to enjoy the bail previously granted.

The presiding magistrate, Mr O. O. Olatunji, upheld the prosecution’s argument and granted the accused fresh bail of N500, 000 and two sureties in like sum.

The case was adjourned to September 3.

September 1, 2015
Saraki, Ekweremadu shun hearing of suit seeking their sack

…Judge frowns at Senate leaders’ conduct

Senate President, Bukola Saraki, his Deputy, Ike Ekweremadu and three others Monday in Abuja shunned the resumed hearing of a suit seeking their sack.

Although it was not mandatory for Saraki, Ekweremadu and the other defendants in the suit to attend proceedings in person, they were required be represented by their lawyers.

Justice Ademola, who was uncomfortable that none of the defendants was represented in court, noted that the choice of Monday as the hearing date was with the consent of lawyers to the parties to the suit.

The judge, following the decision by plaintiffs’ lawyer, Mamman Osuman (SAN) to withdraw his motion for interlocutory injunction, struck out the motion.

Justice Ademola agreed with Osuman that the motion, which sought to restrain the Senate leadership from constituting adhoc committees, has been overtaken by events, and that the prayers contained in the motion were similar to those contained in the plaintiffs’ ex-parte application which Justice Kolawole earlier refused to grant.

The judge, whose time as the vacation judge will end soon, said he will return the case file to the court’s Chief Judge for reassignment at the end of the court’s vacation.

Other defendants in the suit marked: FHC/ABJ/CS/651/2015, are the National Assembly, the Clerks of the National Assembly and the Clerk of the Senate.

Senators Abu Ibrahim, Kabir Marafa, Ajayi Boroffice, Olugbenga Ashafa and Suleiman Hunkuyi are the plaintiffs.

It is their contention that the election of Saraki and Ekweremadu as President and Deputy President was invalid on the ground that the Senate Standing Orders 2015 used for the election was a forged document.

The plaintiffs argued that since the Senate Standing Order 2011, which was the valid Senate Rules as at the proclamation of the 8th Senate on June 9, was not known to have been validly altered before the election, the 2015 Rules could not be said to be a legitimate document.

They stated, in a supporting affidavit, that the Senate Standing ‎Orders 2015 was “contrived” from the amendment of the 2011 version of the Orders without following its (the 2011 edition’s) relevant provisions and those of the Constitution of the Federal Republic of Nigeria.

The plaintiffs argued that the said amendment was in breach of the “prescriptive procedures” stipulated by the extant provisions of section 60 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Rule 110(1), (2), (3), (4) and (5) of the Senate Standing Orders 2011 (as amended).

They therefore prayed the court for the following reliefs:

*A declaration that the Senate Standing Order 2011(as amended) is the proper, valid, constitutional and subsisting Rules/Standing Orders of the 8th Senate.

*A declaration that the Senate Standing Order 2015(as amended), not being a product of any legitimate amendment pursuant to the extant provisions of Rule 110 of the Senate Standing Orders 2011 (as amended), is invalid, illegal, unconstitutional.

*A declaration that the election of the 1st and 2nd defendants as the President and Deputy President of the Senate of the 8th Senate pursuant to the Senate Standing Orders 2015 and contrary to the provisions of Rules 3(3)(e) and (k), Chapter II of the Senate Standing Orders 2011, is illegal and unconstitutional

*An order setting aside the purported election of the 1st and 2nd defendants as Senate President and Deputy Senate President of the 8th Senate; an order setting aside the Senate Standing Orders 2015 and an order directing the 8th Senate to elect its presiding officers in accordance with the provisions of Section 54 of the Constitution and Rules 3(3) (e) and (k) of the Senate Standing Orders 2011.

August 31, 2015