The Nation Newspaper

Tag: Court

  • Drama as Ekiti trader prostrates in court to escape sentence

    A trader at the New Garage, Ado Ekiti,, Odims Frank,went flat tommy at an Ado Ekiti Customary court  earlier this week,begging for leniency after he was slammed with  contempt of court.

    Frank had  filed a petition at the court against  one Adenike Aarin,but  walked out of

    the court midway into the  proceeding.

    The  court president Joseph Ogunsemi did not take kindly to Frank’s action, and  directed a police officer attached to the court to get the man arrested.

    Back inside the court and told what offence he had committed, Frank  first went

    on his knees before prostrating to plead for leniency.

    “My lord, I am very sorry sir, please have mercy on me, I am very sorry. I will never do that again, I respect this court, kindly pardon me my lord,” he said.

    Mr .Ogunsemi upbraided him for his behaviour,saying: : “Is this the way you behave to your customers? This is a court of law, it is not a marketplace and you must comport yourself well in  court and not do what you like .

    “You are warned for the last time or have you taken ‘kain-kain’ this morning?

    “Don’t repeat that again.Rudeness to a judge is rudeness to all judges and magistrates in Nigeria.

    “If you do that again, that will be counted against you and the consequences will be terrible for you.You are pardoned.”

    Prior to Frank’s drama,counsel to the defendant, Miss E.E. Iseh, had r asked for a new date

    to apply for records of proceedings of the last sitting to enable her cross-examine the petitioner.

    The court president subsequently adjourned the case to August 31 for further hearing.

  • Court okays probe of Amaechi’s govt

    A Rivers State High Court, sitting in Port Harcourt, yesterday dismissed the suit filed by former Governor Rotimi Amaechi challenging the setting up of a Judicial Commission of Enquiry to probe his administration.

    Governor Nyesom Wike constituted the Justice George Omereji-led commission to probe the alleged sale of the state’s assets by the Amaechi administration.

    Justice Simeon Amadi, who delivered the verdict yesterday, said the commission of enquiry was not meant to probe Amaechi’s personal activities but to examine the actions of the former administration as they affected the residents.

    Wike, according to the judge, was empowered to establish the judicial commission of enquiry to probe the actions of the former government.

    Justice Amadi said no law prevented a state government from finding out how its resources were utilised.

    On Amaechi’s position that the 30 days for the sitting of the commission would deny him fair hearing, Justice Amadi said the period for the commission’s sitting did not breach Amaechi’s right to fair hearing.

    The judge noted that since the former governor had not filed a memorandum before the commission and had not appeared before it, he could not complain of not getting a fair hearing.

    He said the 30 days for the commission of enquiry was not sacrosanct, adding that the period could be extended.

    Attorney-General and Commissioner for Justice, Emmanuel Aguma, noted that with the court ruling, the commission of enquiry could begin its sitting.

    He promised that it would be fair to all the parties.

    Amaechi said last night he would appeal the court’s verdict.

    Through his lawyer, Winifred Enyinnaya, the former governor said he would appeal the planned probe.

     

     

  • Ekiti PDP crisis: Court orders service of summons on Fayose’s faction, others

    Legal battle began yesterday on the festering factional crisis rocking the Ekiti State Peoples Democratic Party (PDP) with an Ado-Ekiti High Court ordering service of court processes on the factional loyal to Governor Ayo Fayose.

    The court also ordered substituted service on the PDP National Secretariat through the state chapter of the party.

    The suit was instituted by Tunde Olatunde, Tope Aluko, Afolayan Akutupu, Tunji Olanrewaju, Mrs. Busola Oyebode, Ganiyu Bankole and Femi Ogunleye.

    Defendants are PDP (first) , Idowu Faleye (second), Kola Kolade (third), Ajibola Samuel (fourth), Sina Animasaun (fifth), Mrs. Lanre Fajuyi, (sixth), Kola Lawal (seventh), Babade Ige (eighth),  Lateef Agbaje (ninth) and Ayo Ogungbuyi (10th).

    The second defendant is the chairman of the faction loyal to Fayose. The third to tenth defendants are members of a Disciplinary Committee, which recommended suspension and expulsion of four members of the State Working Committee (SWC).

    The four SWC members, who were pronounced expelled for alleged anti-party activities, are Olatunde (acting chairman), Aluko (secretary), Olanrewaju (auditor) and Mrs. Oyebode (women leader).

    Justice Lekan Ogunmoye heard a motion ex-parte moved by counsel to the claimants/applicants, Oluwatobi Fatoki.

    The motion was supported by a 10-paragraph affidavit and supported by a written address brought pursuant to Sections 96 and 97 of the Sheriff Act and Order 7 Rule 5 (a) of Ekiti State High Court Civil Procedure Rule.

    After the motion was moved by Fatoki, Justice Ogunmoye granted the claimants/applicants leave to issue originating summons and other processes filed in the suit on the first defendant (PDP) in Abuja, which is outside the jurisdiction of the court.

    Justice Ogunmoye also granted an order of substituted service of the originating summons and all other processes to be filed in the action on PDP through Ekiti State Chapter at No 161, Ureje, Ajilosun, Ado-Ekiti.

    The judge further granted an order of substituted service on the second to 10th defendants since personal service on them might be difficult for the claimants/applicants.

    He held that since the application was ex-parte, the facts therein remained incontrovertible and they were granted after being carefully and dispassionately considered.

    Parties in the suit are expected back in court on October 14.

     

  • Lagos urges court to vacate order on Ikorodu monarch

    Lagos urges court to vacate order on Ikorodu monarch

    Governor, Akinwunmi Ambode has urged a Lagos State High Court sitting in Ikeja to vacate the order it made last Friday stopping the coronation of Kabiru Adewale Shotobi as the Ayangbure of Ikorodu.

    Justice Olabisi Ogungbesan had issued the order while ruling in a motion ex-parte brought by an applicant, Odupitan Adeniyi Eniola, through his lawyers, Joseph Okobiemen and Folarin Dalmeida.

    The court had stopped Chief Shotobi from presenting himself for coronation or to be crowned for the vacant stool and title of Ayangbure of Ikorodu pending the determination of  the suit filed by Eniola, from the Lambo branch of the Lasunwon chieftaincy family of Ikorodu.

    It also restrained Ambode or anyone acting under his authority from going ahead to crown the Odofin of Ikorodu, Chief Kabiru Shotobi, as the new Ikorodu monarch.

    The Ikorodu kingmakers had scheduled the crowning of Odofin Shotobi for last Saturday having completed all the traditional rites precedent to coronation of the new Ayangbure.                                                                                                                                                       The court had also restrained Shotobi from parading himself as the Ayangbure of Ikorodu, or from actualising any recognition thereon and from exercising any of the Ayangbure Royal functions until the determination of the motion on notice.

    In addition, the court barred Lagos State Governor, the Attorney-General, the state’s Ministry of Chieftaincy Affairs and the seven other defendants or any of their agents, from performing last Saturday coronation.

    But at the resumed hearing  yesterday, the governor, who was represented by a state counsel, Mr. S.A. Quadri, urged the judge to vacate the order, saying it was made in error.

    Quadri, who described the ex parte application that led to the order as an abuse of court processes, pointed out that the order was made after Shotobi had already been given the staff of office.

    According to him,  the former Governor of the state, Babatunde Fashola on May 25, installed Shotobi as the new Ayangbure and presented  him at the 17th meeting of the State Executive Council held on May 26.

    Quadri claimed that contrary to the facts presented before the court,  what took place last  Saturday was not a coronation but a mere social gathering to celebrate Shotobi’s installment as a monarch.

    “The ceremony which took place on August 15 is a mere fun fare organised by the Ikorodu community and the first defendant (Shotobi) to celebrate his ascension to the throne of his fore fathers and to accord notable distinguished personalities with chieftaincy titles.

    “The first defendant was surprised when it became news that a ruling was delivered on August 14 pursuant to an ex parte application restraining the 1st defendant and other defendants from proceeding with the coronation fixed for the 15th day of August.

    In an affidavit deposed to in support of Ambode’s application,  one Usman Danboyi argued that the ex parte ought not to have been granted if the facts were revealed to the honourable court.

    “The order was obtained by misrepresentation of facts and should be set aside,” Danboyi said.

    Counsel to the Ikorodu kingmakers Olusegun Fabunmi, also raised a preliminary objection, challenging the jurisdiction of the court to entertain the case.

    The kingmakers – Chief Zacheus Odusoga, Chief Afolabi Adekanyaoja, Chief Karimu Ore and Chief Jacob Adaraloye – are urging the court to not only vacate the restraining order but to dismiss the entire suit.

    Fabunmi described the suit as an abuse of court processes, claiming  that the subject matter had already been determined by Justice M.A. Savage of the Ikorodu High Court in a ruling delivered May 22.

    Fabunmi urged the court to vacate the order restraining Shotobi from exercising authority in the capacity of Ayangbure of the ancient town.

    Justice Ogungbesan adjourned the matter till October 6.

  • Court dissolves 14-year-old marriage over sex

    An Igando Customary Court in Lagos yesterday dissolved the 14-year-old marriage between Mrs Adeola Adelani and her husband, Olajide, after the wife said she had been sex-starved for eight-years.

    In his judgment, the court’s President, Mr Hakeem Oyekan, said the estranged couple were tired of the marriage and all efforts to reconcile both parties had failed.

    Oyekan ruled: “Since both parties consented to the dissolution of their marriage, this court has no choice than to dissolve the marriage. The couple can no longer stay together because the marriage has broken down totally; both parties are no longer husband and wife, they are free to go their separate ways.

    “Both parties are to keep the peace all the time; any violation of the order should be reported to the police for redress.”

    The petitioner, Adeola, 39, had approached the court seeking to dissolve her marriage to Olajide for allegedly refusing to make love to her for eight years.

    She told the court that she was married to Olajide about 14 years ago and had a 12-year-old son with him.

    “My husband refused to make love to me for eight years. I want to have another baby because our son is 12-year-old and I am not satisfied with only one child,’’ she said.

    The petitioner accused her husband of abandoning her and their child for an unknown destination since 2013.

    She alleged that her husband had refused to disclose where he lives and where he works, but said that he always sent his son’s school fees and house rent through her bank account.

    Mrs Olajide said her husband told her pastor that he had married another woman and had children, and that she should find another husband for herself.

    The petitioner said she was a sad woman with neighbours referring to her as a “rejected and abandoned property.’’

    She begged the court to dissolve the marriage because she wanted to move on with her life.

    Olajide, 45, a businessman,

  • Court sentences student for ‘theft’

    An Ikeja Chief Magistrate’s Court in Lagos, yesterday sentenced a student to one week community service without an option of fine over theft of cable wires worth N200,000.

    Magistrate O.A. Komolafe gave the ruling after Abayomi Adebayo pleaded guilty to charges preferred against him.

    The accused, 23, was charged with a four-count charge bordering on stealing, wilful damage and breach of peace. Earlier, the Prosecuting Sergeant Joseph Ajebe, said that the accused committed the offence on August 16, at Mosco Road, IJaiye, Lagos.

    Ajebe said that the accused broke and entered the warehouse, where Etisalat Nigeria Limited mast was mounted and stole the wires.

    “The accused used an iron spanner to destroy the padlocks in order to gain entrance into the premises.

    “The security men guarding the mast caught him while he was trying to escape with the wires and handed him over to the police,’’ he said.

    Ajebe said that the offences contravened sections 21,166,307 and 337 of the Criminal Laws of Lagos State, 2011.

  • Man tells court: I only threatened my wife with hot water

    Man tells court: I only threatened my wife with hot water

    A 40-year-old trader, Salau Kehinde, has admitted beating up his wife, Mrs. Salau Shakirat Olaide, over sex, but denied planning to pour hot water on her.

    Kehinde, of 9, Fatai Oloko Street, Haruna, Ikorodu, was dragged by his wife to a customary court sitting in Ikorodu, Thursday, for dissolution of their marriage.

    He agreed that he used to beat Olaide up whenever she denied him of sex and if she came home late from her trading business, but that he “merely boiled the water so he could threaten her with it.”

    “I had no intention of bathing her in the water,” he told the court.

    Kehinde continued, “She refused to cook for me when she was pregnant. She also said I should look for another wife.”

    Speaking earlier, his 32-year-old wife, Olaide, of 1, Azeez Aremu Close, Ibeshe, Ikorodu, told the court that they got married 10 years ago and had two children together, but had been living separately for over two years now.

    “He always refused to give me money and this made us quarrel and fight a lot,” she said. “I had to leave him when he kept threatening to pour hot water on me.”

    “His friend advised him to beat me up and he became fond of beating me. He would beat me whenever I returned from work, he would beat me when I told him I was too tired to have sex, or for any flimsy excuse.”

    She added that Kehinde also lacked respect for her family.

    When the court’s president, Olu Adebiyi, asked her what she wanted, Olaide replied: “I want this court to dissolve our marriage and grant me custody of our children.”

    Kehinde, however, promised to stop beating or threatening her and said he was willing to take her back if she wants to stay with him.

    The court adjourned the matter to September 13, for possible reconciliation.

  • Two in court for ‘forgery’

    Police yesterday arraigned Jackson Anniete, 38 and Alex Lateef, 36 before an Isolo Magistrate’s Court in Lagos for alleged forgery.

    The accused are facing a three-count charge.

    Prosecuting officer Abass Abayomi, said the suspects committed the crime on May 27, at CHI Limited, Ajao Estate.

    Abayomi said they forged a loading invoice in the name of Cilord Nigeria Limited to load Evap Milk valued N1,484,000m property of CHI limited.

    He said the offence contravened Sections 409, 363, and 285 of the Criminal Conduct of Lagos State. They both pleaded not guilty.

    Magistrate Adeola Adebayo granted them N150, 000 bail each with two sureties in the like sum.

    She adjourned the case till September 30.

  • Court awards N12m against EFCC for illegal arrest of firm’s manager

    The Federal High Court in Lagos yesterday awarded N12 million against the Economic and Financial Crimes Commission (EFCC) for the illegal arrest and detention of the Administrative Manager of  Rana Prestige Nigeria Industries Limited, Mr Adewale Adeniyi.

    Adeniyi had sought N30 million as general, exemplary and aggravated damages for the violation of his rights, as well as N10 million as cost of the suit.

    His arrest followed a petition to EFCC by Mrs Rachadatou Abdou, who co-owns the company.

    Ruling on his fundamental rights enforcement application yesterday, Justice Mohammed Idris held that the commission violated the applicant’s rights.

    “There is no evidence that there was a preliminary investigation into allegations against him before the arrest,” the judge said.

    Besides, he said Adeniyi was arrested without a warrant, which makes it illegal.

    “No order of court authorising the arrest was exhibited before the court. The respondents acted irrationally without following due process,” the judge held.

    Justice Yusuna said before arresting and detaining anyone, there must be preliminary investigation into the allegations against them.

    He said the applicant was not charged to court prior to his detention.

    Justice Yunusa said security agencies must exercise restraint at all times and must not be “intoxicated” by the enormous powers they possess.

    He held that the applicant deserved to be paid damages because of the trauma he was subjected to in detention.

    The judge awarded N10 million against EFCC, which must also pay N2 million, and N5 million against Mrs Abdou.

    During the hearing, Mrs Abdou’s lawyer Femi Falana (SAN) said Adeniyi’s claim that Mrs Abdou instigated his arrest was not backed by any evidence.

    “The applicant has not attached any documents in support of his application,” he said.

    Besides, he said his client’s petition to EFCC alleging massive fraud, forgery and diversion of funds did not name Adeniyi in it.

    EFCC’s counsel Iyabo Daramola said the commission was only carrying out its constitutional duties.

    “The action of the first respondent was statutorily conducted and we urge the court to so hold,” she said.

    In her counter-affidavit, Mrs Abdou said she and the company’s Director Mr Gnanhoue Nazaire, jointly established Rana Prestige and were the only directors.

    She said she was fraudulently cut off as a director as money was withdrawn from the company’s accounts without her consent although she was a signatory to them.

    “It was in the cause of this fraudulent act perpetrated against me that I wrote a petition against Mr Nazaire to the EFCC through my lawyer,” she said.

    According to her, she allowed the commission to carry out its investigation and never intervened in any way nor instigated EFCC to perform its duties.

    Justice Yunusa will, on August 20 and 24, rule on pending fundamental rights’ applications by Rana Prestige, Hair Prestige Manufacturing Nigeria Limited, Prestige Hair Fashion Nigeria Limited, Nazaire (trading under Rana Seasoning Ventures) and its General Manager Modest Senou against the EFCC, Mrs Alice Bulus and Mrs Abdou.

    Hair Prestige, Prestige Hair Fashion, Nazaire and Senou sought N180 million as damages for the violation of their rights, while Rana Prestige and Nazaire asked for N100 million damages and N10 million as cost.

    Among others, they prayed for an order that the company should be opened and the embargo on the company’s accounts lifted.

     

  • Woman to court: I no longer feel connected to my husband

    Woman to court: I no longer feel connected to my husband

    A 29-year-old housewife, Maryam Aliyu, has prayed a Mararaba Grade 1 Area Court, to dissolve her 9-year-old marriage to her husband, Abubakar Ja’afaru, for lack of care.

    The marriage, contracted in 2006 according to the Islamic rites, has not produced any issue.

    The petitioner accused her husband of not taking good care of her.

    “My husband does not provide me with food or good clothes; I am the one who always look after myself as if am single.

    ”We have been married for nine years, but no child though our sex life is good, but I don’t feel connected to my husband,

    ”I want the court not to waste time on this case because I don’t want to stay under the same roof with him as my husband anymore,” she said

    Defending the allegations, Ja’afaru said he still loves his wife.
    ”We don’t have children, but I still love her as my wife, I pray the court not to grant her the divorce.

    ”Children comes from Allah and I have faith we will have our children someday.

    ”There is food at home, things had not been easy for me that is why I can’t afford to buy her clothes always, but I do my best as a husband,” Ja’afaru said.

    The Judge, Mr Owuna Musa advised the couples to go home and try to settle.

    He adjourned the case till Aug. 24, to hear the outcome of the settlement or give his judgment.