The Nation Newspaper

Tag: Court

  • Court dissolves Ekiti PDP chief’s 28 years’ marriage

    Court dissolves Ekiti PDP chief’s 28 years’ marriage

    AN Ado-Ekiti Customary Court has dissolved the 28-year-old marriage of the factional Chairman of the Ekiti State Peoples Democratic Party (PDP), Kolawole Idowu Faleye, and his wife, Olajumoke.

    Faleye (62), whose faction is loyal to Governor Ayo Fayose, sued Olajumoke (52), accusing her of aggressive behaviour, being unpredictable and uncontrollable as well as fighting.

    Their union was blessed with two female children: Toyin (27) and Dupe (24).

    Faleye is fighting the battle of his political life in his bid to hold on to the PDP chairmanship.  A bitter factional crisis is rocking the state’s ruling party.

    Tunde Olatunde chairs the other faction that has 11 State Working Committee (SWC) members.

    The court, in a judgment delivered on Monday by its president, Magistrate Joseph Ogunsemi, held that the union had collapsed irretrievably from the evidence available before it.

    He held that in the divorce suit filed by Faleye, the evidence led by the petitioner (Faleye) was unchallenged and incontrovertible as the respondent did not appear in court to give contrary evidence.

    The court added that there was no proof of a legal marriage between the couple, describing the union as a “mere cohabitation”.

    He ruled that the court had no option than to grant the request for dissolution as sought by Faleye.

    Ordering the immediate dissolution of the union, the court ruled that Olajumoke shall have the grace to stay in Faleye’s house for six months within which she is expected to relocate elsewhere.

    The court also ordered the two parties to maintain peace henceforth, adding that Olajumoke has 21 days to appeal the judgment.

    The magistrate asserted that the judgment was in line with Order 8 Rule 5 of Ekiti State Customary Court Rule.

    Neither Faleye nor Olajumoke was in court.

    In his evidence before the court, Faleye said: “I don’t love the respondent anymore. I only appreciate my children.”

  • Court reorders police to produce robbery suspect

    Court reorders police to produce robbery suspect

    A Lagos High Court sitting in Ikeja on Monday, for the second time, ordered the state’s Commissioner of Police (Officer –in-Charge, State Anti-Robbery Squad), Superintendent of Police  (SP) Abba Kyari  to produce in court an armed robbery suspect,  Ebi Tosan, 20, on August 20, 2015.

    The new order followed the failure of the Police to present the suspect in court Monday as ordered by the court at its last sitting.

    Tosan was arrested by the police on April 5, 2015 over alleged involvement in the robbery of First City Monument Bank (FCMB) at Admiralty Way, Lekki.

    The applicant, Tosan was paraded alongside other robbery suspects before the press in May 2015 as one of the robbery gang that allegedly robbed the Lekki branch of FCMB.

    Tosan had  through his counsel, Chief S.W. Baidi, filed an application before the court presided by Justice Olabisi Ogungbesan for bail, claiming N1 million against the respondents for infringement and curtailment of his constitutional right to personal liberty, freedom of movement and presumption of innocence.

    However, the trial judge, Justice  Ogungbesan, on Monday, refused to hear the application since there was no information from the Attorney General, who was later joined in the suit, as to the whereabouts of the applicant.

    Justice Ogungbesan said: “It will be fair if the Attorney General is brought to court, they will be able to tell us where the boy is. It is an allegation and I want to hear from the Commissioner of Police. This is a weighty allegation and an allegation of robbery. I believe if you bring the Attorney General to court, you will have half of the problem solved.

    “I shall hereby adjourn to August 20 for hearing of the Applicant’s application. It is further ordered that the 1st and 2nd respondent produce the applicant on the adjourned date.”

    Counsel to the applicant, Chief Baidi had told the court that the 20-year-old boy was going to school when he was picked up by SARS that he participated in the Lekki robbery and had remained in the Police custody  since April 4, 2015.

    “We have not seen this boy till date. We have served all the orders of court to police and they have not come to court. Infact, the Investigation Police Officer (IPO) told the boy’s father that since they have met a lawyer, then let the lawyer show them where their son is,” he said.

    Baidi explained to the court that the urgency of the matter has to do with life of a citizen, saying “who knows if he can be the President of this country tomorrow, if alive. This boy can be dispensed with overnight. We have problem serving the police.”

    Baidi told the court that it has been difficult seeing the suspect since he was arrested adding that they are now very  apprehensive as to the state and well-being of his client having regard to reported cases of extra judicial killings in Nigeria.

    “I believe that it is a deliberate act by the respondents to keep the applicant in continued detention in order to extract a confessional statement from him on the alleged offence,” Baidi added.

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  • Acid threat charge: Magistrate berates Police

    Acid threat charge: Magistrate berates Police

    The Magistrate’s court sitting in Ikorodu, Lagos on Monday berated the Nigerian Police for improper handling of a case of threat to life and breach of peace leveled against a 38-year-old man, Johnson Emmanuel.

    Emmanuel, was arrested on August 14, 2015, and taken to court by officers of the Owode Onirin Police Division, following an allegation of threat to life made against him by his neighbour, Taiwo Adigun.

    Emmanuel’s neighbour, Adigun, accused him of threatening her with a substance suspected to be acid and he was charged by the police for committing an offence punishable under Section 56 of the Criminal Laws of Lagos State 2011.

    The second charge was that he conducted himself ‘in a manner likely to cause a breach of the peace by going with a bucket containing substance suspected to be acid, to bath Adigun.’ The offence is contrary to and punishable under Section 116 (d) of the criminal Laws of Lagos State.

    Both the complainant and defendant were residents of number 1, Nathaniel Osagie Street, Irawo Bus Stop, Owode-Ajegunle.

    After pleading not guilty, Emmanuel was remanded in custody at Kirikiri Prison, Ikoyi, pending the perfection of the bail granted him by the court.

    However, at Monday’s ruling, Mr. W. B. Balogun upheld the defendant’s counsel’s submission of no case to answer and held that the prosecution had tendered ‘no evidence to prove the offences’.

    The court further held that the Investigative Police Officer ‘had not done a proper investigation of the case’ and that the charges of threat to life and breach of peace were all unproven.

    Mr. Watson, who was standing in for Mrs. Adejumoke Olagbegi-Adelabu, added that when people live in close proximity to each other in the same building, there are bound to be conflicts.

    He criticized the police for not exploring ways to settle the matter before bringing it to court.

    The two-count charge was struck out and the defendant was discharged.

     

  • Man in court for alleged stealing

    20-year-old man, Friday Thomas, has been arraigned before a Lagos Magistrate’s court in Isolo for alleged stealing.

    Thomas was accused of stealing goods worth N555,920 from one Boniface Okolie at Nwachukwu Street, Okota, Lagos.

    The prosecuting police officer, Abbass Abayomi said the accused is facing a one count charge of stealing.

    He said the offence is punishable under Sections 285 of Criminal Laws of Lagos State.

    The accused pleaded not guilty.

    Magistrate Adeola Adebayo granted the accused N100, 000 bail with two sureties in the like sum.

    She adjourned the case till September 11.

  • Over 200 suspects in court for sexual violence in Lagos, says agency

    Over 200 suspects in court for sexual violence in Lagos, says agency

    NO fewer than 200 people are facing trial in Lagos State for domestic and sexual offences, especially those committed against underage persons, the state Domestic and Sexual Violence Response Team (DSVRT) said yesterday.

    Four members of the DSVRT, who visited The Nation at its Matori, Lagos headquarters yesterday, highlighted the scale of the problem and gave new insight into the state government’s efforts to eradicate domestic as well as sexual abuse and violence.

    The DSVRT delegation,  which was led by its coordinator, Mrs. Lola Vivour-Adeniyi, was received by an Assistant Editor with The Nation on Sunday, Yetunde Oladeinde. Other members of the team were Busola Agagu, Ibidun Alakija-Ladapo and  Tolu George.

    Mrs. Vivour-Adeniyi said the law on domestic and sexual offences in the state was enacted in 2011, following the experience of a four-year-old girl, whose pelvic dropped after being raped by a man.

    She said when the incident occurred, there was no coordinated response.

     ”After the law was passed in 2011, offences of rape and defilement now carry life imprisonment,” she said.

    Mrs. Vivour-Adeniyi said in spite of the law that was put in place, the prosecution still has to deal with several issues concerning rape and domestic violence.

    She said: “For instance, in these kinds of matters, most times, there is no medical evidence for the written testimony of the victim. Also, sometimes, before the case file is transmitted from the police to the DPP, it takes two years. We have a case where the incident occurred when the child was four and the Director of Public Prosecution (DPP) didn’t get the file till when the child was six. By then, the parents had relocated and said they had left the matter to God.”

    The agency’s coordinator, who said investigation was very critical to the successful prosecution of sexual offences, noted that in an ideal world, there would be a collocation team, comprising a police officer, a prosecutor and a forensic examiner, “who will swing into action as soon as the report of sexual violence is made so that no evidence will be missed”.

    Mrs. Vivour-Adeniyi said the major challenge the agency is facing with prosecution of sexual violence has been that of keeping evidences.

    She emphasised that victims of sexual violence should desist from taking a bath first before reporting the incident.

    “When they do that, they wash off evidences needed to nail their assailants,” the agency chief said.

    She explained that this was why the team decided to seek the support of the media to sensitise the public on their activities and on the need educate victims on their rights.

    Mrs. Vivour-Adeniyi said sometimes, “families, community leaders and culture constitute a challenge”, especially when they start pleading not to prosecute the offenders after they had received monetary compensations.

     She advised parents on the need to teach their children relevant information.

    “Parents should empower their children. You need to look for avenues to have sex talk with your kids,” she said.

    Emphasising the necessity of bonding between parents and their children, she advised:  ”Parents need to become their children’s best friends; we need our children to be comfortable enough to confide in us.

    “Even if you’re a very career-minded mother and you have very limited time to spend with your children, you can use that time to inculcate values in them and train them to know that some parts of their bodies are private and they shouldn’t allow anyone touch them there.

    “ If anyone, whether a close relative such as a cousin, attempts such, an empowered child will naturally resist and inform his or her mother.”

  • Appeal Court to give verdict in Ondo election petition today

    Appeal Court to give verdict in Ondo election petition today

    THE Court of Appeal sitting in Akure, Ondo State capital will today deliver judgment in an appeal filed by the All Progressives Congress (APC) and its House of Assembly candidate for Akure South Constituency I, Festus Aregbesola.

    Counsel to the appellants, Charles Titiloye, confirmed the receipt of notice of judgment from the registrar of the Appeal Court.

    Rotimi Akeredolu (SAN) and Titiloye had earlier adopted their briefs of arguments for APC.

    The appellants prayed the court to set aside the dismissal of their petition by the State and National Election Petitions Tribunal sitting in Akure on technical ground of filing application for pre-hearing session prematurely.

    They urged the Appeal Court to hold that based on provision of paragraph 53(2) of the First Schedule to the Electoral Act, the respondents were deemed to have waived the alleged non-compliance with Electoral Act by taking further steps in the petition and participating in the pre-hearing session.

    APC urged the court to revert the case back for retrial before another panel of judges.

  • Lagos agencies kick as family alleges violation of Court’s order

    Lagos agencies kick as family alleges violation of Court’s order

    •Row over plot(s) of land deepens

    For failing to adhere to an initial pronouncement of a court, a Lagos family has dragged the Lagos State Urban and Renewal Authority (LASURRA) and the Lagos State Building Control Agency (LASBCA) to court, filling Form 48-  for notice of consequence of disobedience to Order of Court. The family is accusing LASURA and LASBCA of violating an earlier order granted on November 26, 2014, when Justice Hakeem Oshodi of the Lagos State High Court, granted an ex-parte order retraining the Defendants (LASURA and LABSCA) from further demolishing the property in dispute. Other  defendants include the Attorney-General of Lagos State, and the state government.

    The Notice dated August 6, 2015, against the General Manager, LASURA stated: “Take notice that unless you obey the directive contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison unless you purge yourself of the contempt.” This latest action is precipitated on the complete demolition and subsequent erection of structures on the disputed property on Plot 49 Martins, Street, Lagos, allegedly by the Lagos State agencies, notwithstanding an existing court order restraining both parties from doing anything that will jeopardise the case in court.

    Obviously embittered about the current development, the family (Claimants) represented by Alhaja Medinat Onimole, Mr. Dotun Alokolaro and Alhaja Mutiat Hassan on behalf of the family of late Alhaja Taibat Shitta and Alhaja Hadikat Talabi, expressed disappointment over what they termed “illegality” on the part of the government, pointing out that they were surprised that government could be involved in such an illegality by flagrantly disobeying court pronouncements.

    But in a swift reaction to the alleged violation of the order, Mr. Benedict Kehinde, General Manager, LASURA, wondered why the family made the matter a media affair. “There is a court injunction binding on the state government, and the government has violated the injunction, instead of going back to the court, they decided to go to the press. Doesn’t that strike you? They ought to have challenged the violation order in court instead of complaining to you journalists. That should strike you,” the LASURA boss said.

    He, however, explained why his agency is carrying out the construction at the site despite the  order. Kehinde explained that the disputed property is not one, but Plots 49 and 51, Martins Street, pointing out that before the state acquired properties on Martins Street in 1959, there were two properties on plots 49 and 51, but looked like one  because there was no clear demarcation between the two.

    According to him, having acquired the plots, the government duly paid compensation to the property owners and the payments were duly signed for, brandishing a document in support of his claims. He added that the claimants had willingly withdrawn from pursuing the matter when they were told by the court that they had no case, as they were told that the site was acquired by the government and compensations paid to the owners. He, however, regretted that the family members went back to the court in pursuance of the matter.

    Kehinde’s claims are, however, at variance with the deposition of the claimants, who said they have been in possession of the property for over 30 years, up until October 24, 2014, when it was alleged the agents of the state government, aided by security operatives, “invaded the property in dispute, removing the burglaries, doors and windows affixed to the property forcibly evicting the tenants from their shops”.

    While granting the prayers to the motion in the suit, number LD/ 7688/2014, Justice Oshodi ordered the parties to maintain the status quo while adjourning the matter for the hearing of the Motion on Notice and Forms 17 & 18 in line with the provision of Order 38 Rule 2.  “Due to the peculiar nature of the facts of this case, it will be prudent for the court to maintain status quo of the Respondents. In this respect, the Court hereby order that parties, especially the 2nd and 3rd Defendants, do maintain status quo as at today,” Justice Oshodi ordered.

    The family appealed to the governor to use his good offices to intervene in the matter, especially by calling its agencies to order, because such impunity does not give hope to the poor man.

  • Court dismisses PDP’s appeal against tribunal

    Court dismisses PDP’s appeal against tribunal

    The Court of Appeal in Calabar has dismissed an interlocutory appeal by the Peoples Democratic Party (PDP) against the Election Petitions Tribunal for refusing to allow the party delete the statements on oath of the petitioner’s witnesses.

    Senator Prince Bassey Otu of the Labour Party (LP) had filed a suit against Senator Gershom Bassey, the PDP and the Independent National Electoral Commission (INEC) over Cross River South Senatorial District election.

    The appeal was filed by the lawyer to the second respondents (PDP), Efefiom Otu Ekong, on behalf of Paul Erokoro (SAN) for the first respondent (Gershom Bassey) and INEC, the third respondent.

    The tribunal, in a ruling on June 18, disconnected the application to expunge some statements on oath of the petitioner’s (Otu’s) witnesses.

    It held that the attempt was premature because it adjudicated on the substance or otherwise of the petition.

    The petitioners’ lawyer Essien Andrew, in rejoining on a point of law against the appeal, argued that the ruling of the tribunal conformed with Paragraph 47(i) of the First Schedule of the Electoral Act of 2010, as amended.

    The Court of Appeal, presided over by Justice Mohammed Garba, in a lead judgment delivered by Justice H. A. Barka, upheld the submission of the counsel in favour of the tribunal and the petitioners.

     

  • Seven in court for ‘breaking shop’

    Seven men were arraigned before an Ikorodu Magistrate’s Court, Lagos yesterday for allegedly breaking into a shop.

    They are Dauda Isiaka, 21, Adamu Sule, 20, Sodiq Amodu, 27 and Suleiman Mamadu, 27, Umoru Abubakar, 21, Abdullahi Adamu, 28, and Abubakar Abdullahi, 31.

    They were also accused of stealing a cash sum of N1,052,400. The accused pleaded not guilty.

    Magistrate Olanrewaju Olatunji granted them N100,000 bail each. The case had been adjourned till September 3.

  • Court strikes out environmental offence suit

    The Lagos State Special Offences Court yesterday struck out an Environmental Law violation suit filed against for suspects for want of jurisdiction.

    Gbolade Onalaja, Yinka Agbabiaka, Gloria Ocheme and Adeola Egbeyemi were charged before Magistrate J.O. Adeyemi on three counts of bordering on the violation of Environmental Laws.

    But through their lawyer, Gbenga Ajala, the defendants had challenged the jurisdiction of the court to entertain the case.

    In a seven-page notice of preliminary objection, the defendants prayed the court to quash all the charges levelled against them.

    They argued that the charges were outside the jurisdiction of the Magistrate court, adding that some were related to collection of dues by a body registered under the Trade Union Act.

    The defendants submitted that the court being a creation of statute by virtue of the provision of Section 1(1) of Special Offences Court Laws of Lagos State, lacked the mandatory power to conduct the trial.

    Besides, they argued that there was no enabling law that empowered the court to entertain offence created under the Criminal Laws.

    Citing plethora of legal authorities, Ajala submitted that “where the commencement of a prosecution of a charge does not disclose facts supporting prima facie case against an accused person, the charge must be quashed”.

    Ruling on the preliminary objection, the court upheld the argument of the defendants and struck out the suit.

    Magistrate Adeyemi said having gone through the defendants’ application, it was found to have merit.