The Lagos State Government yesterday arraigned Seun Oladapo in court for the alleged murder of a rights activist and community leader, Kunle Fadipe.
Oladapo was arraigned before Justice Atinuke Ipaye of the Ikeja High Court in Lagos.
He is standing trial on a five-count charge bordering on murder, robbery and assault occasioning harm.
Director of Public Prosecution (DPP) Mrs Idowu Alakija said the offence contravened Sections 221, 295 (2)(a) and 171 of the Criminal Law.
The charge reads: “That you Oluwaseun Oladapo on the 4th day of July 2014 at about 0300hr at 1, Harmony Estate, Ifako-Ijaiye, Iju Lagos in the Ikeja Judicial Division whilst armed with an offensive weapon to wit a knife did rob one Kunle Fadipe of a large sum of money and murdered him by stabbing him severally on numerous parts of the body”.
The defendant was also charged with the murder of one Cecilia Owolabi; the assault of one Abiola Owolabi and Folahanmi Fadipe.
He pleaded not guilty.
The defence counsel, Worer Obuagbaka, informed the court that he got the file not too long ago and pleaded with the court to allow him to go through it.
”The proof of evidence was served on me this morning less than an hour ago. My perusal of the proof of evidence showed that there was an autopsy report attached. This is a serious offence and the defendant needs adequate time to prepare for the trial.”
Mrs Alakija said the prosecution was prepared to go on with the case adding that two of its witnesses were in court.
Ruling, Justice Ipaye said the defence should be given ample time to prepare for the trial.
Justice Olabisi Akinlade of the Lagos High Court yesterday threatened to revoke the bail of one of those being tried for Cynthia Osokogu’s murder over his lawyer’s antics.
Justice Akinlade accused Mr C.J Ajakona, lawyer to Nonso Ezike, the fourth defendant, of “deliberately frustrating the trial by not coming to court”.
She vowed to revoke Ezike’s bail if his lawyer failed to file his ‘no case submission’ application before the next adjourned date.
Ezike, brother to the second defendant, Olisaeloka Ezike, is being tried for selling the late Osokogu’s BlackBerry Phone.
Justice Akinlade said: “I tell you at the next adjourned date if nothing is filed, I will revoke your bail and send you back to prison. Then your lawyer will know what to do.
“It is because you have been on bail that is why your lawyer is wasting the time of the court. It is a deliberate act.
“The court is already on vacation but I left the comfort of my home, thinking that the case will go on today, only for my time to be wasted.”
According to Ezike, he was informed his counsel had an accident when he called his telephone on Monday.
The defendant also told the court that he has a feeling his lawyer was not serious with the matter, recalling how Ajakona told him he had forgotten about the matter when he called him before the last adjournment.
He notified the court of his intention to appoint Chris Obiaka counsel to the third defendant, Osita Orji (a pharmacist) to take over his case.
Adjourning the case to October 26 for the adoption of ‘no case submission’ of the third and fourth defendants, Justice Akinlade held that Ezike’s lawyer must have file and served his application for ruling by them.
Osokogu, 25, was drugged, assaulted and murdered on July 22, 2012 at Cosmilla Hotel in Lake View Estate, Amuwo Odofin, Lagos.
The primary suspects, Okwumo Nwabuifo, 34 and Olisaeloka Ezike, 25, were said to have picked her from the airport on her arrival from Abuja, after meeting on Facebook.
A Lagos High Court has awarded N10 million damages against Access Bank Plc , in a suit between the bank and Mrs. Cecelia Ajayi. The Bank had sued the woman, claiming N1,431,863,050.26 as damages.
The claim was the outstanding unpaid principal sum and accrued interest thereon in respect of the facility granted the defendant and guaranteed.
Counsel to the defendant from the law firm of A.O. Hodonu, in a statement, said the court awarded N10 million damages against Access Bank for false and malicious publication written and caused to be published by the Bank concerning the defendant.
The Bank had also caused the police to publish a gazette declaring her wanted for the offence of conspiracy, forgery and obtaining the aforementioned sum under false pretence in Lagos.
The court went on to hold that the defendant is entitled to damages as her reputation was ruined by the publication that she is one of the most wanted criminals by the Nigeria Police.
Justice M.O. Obadina in the judgement said the defendant is entitled to damages.
“In all circumstances of this case, I award to the counter claimant N10 million general damages for false and malicious publication written and caused to be published as a letter to the Police and consequent actions taken by the Police in publishing Special Bulletin No. CR/3150/29/04/09 posted all over Nigeria concerning the defendant/counterclaimant,” the Judge said.
The National Industrial Court of Nigeria has dismissed a suit by a university don, Prof Hussain Abdulkareem seeking to order the National Universities Commission (NUC) and three universities to pay his retirement benefits.
Justice John Peters held that the plaintiff filed the case too late – 25 years after he retired, and that it was caught by the statute of limitation.
The judge said since the plaintiff joined a public officer, NUC’s Executive Secretary, in the suit, it should have been filed within three months after his retirement as required by law.
“The claimant in the instant case for over two decades slept over his right to ventilate his grievances through the judicial process,” the judge said.
The claimant prayed the court to order the University of Lagos (UNILAG), University of Maiduguri (UNIMAID) and University of Abuja (UniAbuja) to pay his entitlements having taught in all them.
He asked that UNILAG and UNIMAID calculate his retirement benefits and entitlements or get an expert to calculate them; and for UniAbuja to pay his retirement savings of N6.4milliion with Stigma Pension Limited.
Abdulkareem also wanted interest on the judgment sum at the rate of 25 per cent from November 5, 1989 till verdict and until liquidation of the sum.
He prayed for N5million as damages for the psychological, emotional and mental trauma he suffered as a result of non-payment of his retirement benefits and entitlements, as well as N2million as legal fees.
NUC, through its lawyer Mr Kehinde Oginni, objected to the suit on the ground that it was statute-barred and therefore null and void.
The lawyer said NUC’s Executive Secretary is a public officer and as such the three-month time limit within which to institute an action against him had lapsed since the cause of action arose in 1989.
Dismissing Abdulkareem’s suit, Justice John Peters agreed with Oginni and held that the plaintiff filed the suit too late last March having retired more than 25 years ago.
“The General Form of Complaint in this case was filed on 31/3/14. That was about 25 years after the accrual of the cause of action.
“It is beyond argument that this action is caught by the Public Officers Protection Act not having been brought within the time stipulated by law.
“One wonders why it has taken the claimant this long to embark on judicial process for the ventilation of his perceived grievances.
“Unfortunately, the court is only to hold the scale of justice and calls no sympathy to play in the determination of causes and matters which come up for adjudication,” Justice Peter said.
The judge added that Abdulkareem’s right to seek legal redress had been foreclosed, therefore the court lacked jurisdiction to adjudicate over the matter.
“Finally and for the avoidance of doubt, I find and hold that this suit is caught by the statute of limitation. The jurisdiction of this court is thus ousted and the right of action of the claimant is foreclosed. This case is dismissed accordingly,” Justice Peters held.
The peace talks to end the leadership crisis in the Senate appears to have collapsed following the decision of the Unity Forum to challenge in court the June 9 election of Dr. Bukola Saraki as Senate President and Chief Ike Ekweremadu as Deputy Senate President.
Some members of the forum are praying a court in Abuja to nullify the elections of Saraki and Ekweremadu.
But the Like Minds backing Saraki hurriedly convened yesterday in Abuja to assess the situation and launch counter-legal attacks if they are joined.
The Saraki loyalists, who were caught unawares, were still meeting at press time.
Members of the Unity Forum are said to be angry at what they see as the hard line position of the Saraki group against the directive of the APC leadership on the sharing of principal positions in the chamber.
Their decision to go to court is hinged on alleged lack of quorum in the chamber on June 9 when Saraki and Ekweremadu were elected and the use of alleged forged 2015 Senate Standing Orders (Amended) to conduct the election.
Although the Police who investigated the alleged forgery are expected to release their report this week, the Unity Forum opted for legal redress irrespective of the outcome.
A top member of the Unity Forum said: “We have decided to seek legal redress to contest the validity of the election of the Senate President and his deputy based on forged Standing Orders.
“We want to lay all the cards on the table before the court. If at the end of the day, the court affirms the validity of the Standing Orders and the election of the Principal Officers, we will abide by such judicial pronouncement.
“We have discovered that the Like Minds are not ready to yield ground despite the intervention of the leadership of the All Progressives Congress (APC) and a panel raised by the APC Governors Forum.”
“Is it not better to follow the rule of law than impunity? The management of the National Assembly is expected to tell the court how it came about the forged Standing Orders,” the source said in response to a question.
The Like Minds behind Saraki launched into a meeting last night in Abuja to review the situation, while leaving the Clerk to the National Assembly and his team to handle the legal aspect of the matter.
“Saraki had nothing to do with the Standing Orders whether legal or forged. It is the business of the Clerk to the National Assembly to handle,” a source in The Like Minds said.
It was not immediately clear if the two warring groups would return to the negotiation table this week.
The APC Governors Forum Committee on the crisis in the Senate is being coordinated by Governors Atiku Bagudu and Adams Oshiomhole.
A source close to the committee said: “The governors are expected to meet Saraki and Lawan after the Eid-el Fitr break. The resumption of negotiation was one of the reasons why the National Assembly fixed July 28 for Senators to return from recess.
“If members of the Unity Forum have gone to court, it means they have expanded the scope of negotiation. We can resolve everything with cooperation from all parties to the crisis.
“The issue is how to respect party supremacy and abide by the directive of APC on the choice of principal officers.”
The APC National Chairman, Chief John Odigie-Oyegun on June 23 sent the party’s position to Saraki.
The June 23 letter to Saraki, referenced APC/NHDQ/NAM/01/015/05, said: “Please find below for your necessary action names of principal officers approved by the party, after excessive consultations for the 8th Senate as follows: Sen.Ahmed Lawan (Majority Leader)—North-East; Prof. Sola Adeyeye (Chief Whip)—South-West; Sen. George Akume (Deputy Majority Leader)—North-Central; and Sen. Abu Ibrahim(Deputy Chief Whip)—North-West.
Like in the past, three former governors were paraded in court last week for alleged corruption and money laundering. Nearly 10 years ago, some former governors were in the same boat. Not all the cases have been decided.Will things be different this time around? Should specialised courts or tribunals be created to handle these cases? Some think so, writes Eric Ikhilae.
• Lamido
The nation has witnessed it all before – the arraignment of former governors for alleged embezzlement and related offences. Last week, two former governors were taken to court for alleged corruption, provoking comments on what will become of their cases since similar cases in the past either ended dramatically or are still pending in court.
How will the cases of former Imo, Adamawa and Jigawa states governors Ikedi Ohakim, Murtala Nyako and Sule Lamido, who were arraigned last week but pleaded not guilty, end?
Corruption, experts say, has thrived due to the unwillingness of past administrations to confront it headlong.
The situation is made worse where identified cases of corruption are either not punished or culprits are given a slap on the wrist, a practice that has nurtured the vice to its pandemic height. The situation is not also helped where corruption cases taken to court linger for years, and, in the process, evidences are either contaminated or destroyed, thereby allowing culprits to walk away free.
• Nyako
Many have argued that, while it is impossible to eradicate corruption in every society, the vice could be reduced significantly in a country where the leadership do not condone acts of corruption (no matter the status of the culprit) combined with an effectual criminal justice system.
With the resolve of the government, led by President Muhammadu Buhari, to confront corruption headlong, the next step is to position the criminal justice system to effectively play its part.
Every criminal justice system consists of three core elements; the first being the investigative process (involving the investigating agencies), the second is the trial process (the court system), while the third is the prison system.
The officials mostly fingered for the frequent failure recorded in the prosecution of corruption cases are the investigative agencies and the court system, who are blamed for poor investigation and delayed trial. Instances abound where cases of corruption failed to yield conviction at trial, owing to weak evidences from poor quality of investigation.
• Ohakim
Often times, the investigating agencies – the Nigeria Police Force (NPF), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), among others – blame their inability to provide iron-cast evidence to paucity of funds, as was the case under the immediate past administration of President Goodluck Jonathan.
It has also been argued, however, that where such agencies were well-funded in the past, some of the funds were mostly misapplied, thereby denying the agencies the capacity to acquire the requisite tools and training for their personnel.
Today, most investigative agencies, particularly the NPF, do not have a functional forensic laboratory, and, as such, cannot conduct scientific investigation. This is despite the huge sums it has received over the years as budgetary allocations. Police investigators rely on confessional statements (which are mostly induced) and circumstantial evidence to secure conviction in criminal cases.
A former Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, was once compelled to express her displeasure over this practice, which she argued also accounted for congestion in the prisons.
Speaking at the event marking the commencement of the 2013/2014 legal year in September 2013, Justice Muktar noted: “It is common knowledge that our security agencies usually rush to the courts with suspects before looking for evidence to prosecute them.
“The persistent use of the ‘Holden Charge’ by these agencies to detain awaiting trial suspects is a major contributor to the high number of cases pending in our courts.
”This procedure is a far cry from what obtains in other democracies, where discrete surveillance is placed on crime suspects who are painstakingly stalked by security agents, until such a time when enough evidence would have been obtained for their arrest, arraignment and prosecution.
“But in Nigeria, suspects are promptly arrested and often times arraigned in court, even when no evidence for prosecution has been gathered. The backlash from such failure of proper investigation by our security agencies is the resultant hike in the number of cases pending in the courts.”
The court system is not any better. Cases linger for years due to archaic procedural rules and practices that allow for undue delay. Aside that, court rules allow for the hearing of any application once filed, makes provision for interlocutory appeal that results in the stay of proceedings at trial court. Some practices by trial judges also aid delay. Some judges still adjourn cases solely for mention.
Where most courts claim to have spent huge sums in procuring Information and Communications Technology (ICT) tools, they still operate manually. From the Supreme Court, through the Court of Appeal, the Federal High Court to the various state High Courts, processes are still filed manually, while hearing notices and other information are passed to parties manually, in spite of the requirement that lawyers, in every case, include his/her contact information, including e-mail address on every process filed.
Again, Justice Mukhtar also, in the speech she delivered at the same event, expressed displeasure over the delay and the slow pace of the process of justice administration in the country.
She attributed this to archaic judicial practices, noting that the process of interlocutory appeals aggravates the situation to the extent that, by the time the Supreme Court decides that hearing be continued in trial court, most of the witnesses might have died or alive but senile, with documents no longer traceable.
She advocated an overhaul of the criminal laws, which she described as “archaic and culturally irrelevant. She observed that “to exhaust complete remedy in a case today, that is from trial court to Supreme Court, could take up to 20 years with the original litigants dead and substituted and, in some cases, the substitutes also dead and substituted.”
Justice Muktar’s successor, Justice Mahmud Mohammed, argued that the failure to ensure a functional justice administration system accounted for the growing impunity in the land.
He noted that, despite that the world accepts the intangible, yet, strong link between law and order, and development of the society, Nigeria struggles to provide an efficient, fair and effective system of justice that is able to ensure that everyone, regardless of station or status, can access quality justice that is administered quickly.
“The reality paints a sobering picture. The number of cases pending before the courts has reached critical proportions and we must use all appropriate means to stop it from spiraling out of control. At the Supreme Court, there were over 800 appeals filed in 2014 alone with another 10 appeals filed already in 2015 alone. The court registry is burdened with over 5000 appeals, and the panel of Justices are still hearing appeals filed in 2005.
“As of the third quarter of 2014, there were 38, 307 cases pending in the Federal Courts alone. If one considers the number of cases pending in State High Courts and other courts of record, you will all agree with me that the situation is indeed disturbing and sobering,” Justice Mohammed said.
As a way out, many have argued that a combination of effects on the part of the investigating and prosecuting agencies on the one hand, and the Judiciary, on the other, will help record the desired success in this administration’s resolve to fight corruption.
Justice Mukhtar provided similar argument in 2012 while speaking at the event marking the commencement of 2012/2013 legal year, when she contended that “the administration of justice is not confined to the courts; it encompasses officers of the law and others whose duties are necessary to ensure that the courts function effectively.
“The constitution provides that the Attorney General and Minister of Justice, as the Chief law officer of the federation, has the power to institute, undertake, take-over, continue or discontinue criminal proceedings before the courts of law in Nigeria in respect of offences created under any Act of the National Assembly.
“It therefore, follows that the courts cannot on their own, prosecute criminal cases. There must be the willingness of all prosecuting agencies to prosecute cases brought before our courts, especially high profile cases of corruption and all others.”
The expectation that the nation’s criminal justice system operates effectively to deter, and in most cases punish acts of corruption has led many to suggest the creation of a separate court or tribunal to try corruption cases speedily as is the case with the National Industrial Court (NIC), with exclusive jurisdiction on labour-related disputes and the Election Tribunals, with sole jurisdiction on election disputes.
This suggestion has, however, ignited debate as to whether it was necessary or not the country needs a special court for corruption cases before to address the delay currently associated with the trial of corruption cases.
While those in favour of the creation of a separate court argue that it will aid prompt determination of such cases, those against called for the review of existing court rules and practice procedures as a better and cheaper way out.
• Magaji
Senior lawyers, including Sebastine Hon, Joseph Nwobike, Mahmud Magaji and Ade Adedeji (all Senior Advocates of Nigeria), also expressed divergent views on the issue. While Hon and Magaji are in support of the creation of a separate court to handle corruption cases, Nwobike and Adedeji do not.
Hon supported the creation of separate courts manned by High Court judges or persons of equal standing in law to handle corruption cases. He advocated that such courts should also be superior courts of record.
“If we can have the National Industrial Court, specifically for industrial/employment related matters, the Federal High Court for federal related causes, by and large, and then, we also have the Election Tribunals to handle election matters, there is nothing stopping us from having a specialised court to handle corruption cases.
• Adedeji
This is because corruption is hydra-headed and monstrous. It is better we take it serious. And that will, to a very reasonable extent, eradicate the delays experienced when these matters go to the regular courts, which handle other matters. They have the discretion to adjourn cases at will.
“In addition, the Constitution should also be amended to provide timeline within which such criminal trials should be conducted and concluded. This should apply to the trial court and the appellate courts, as is the case with election petitions.
“Now, it is difficult for you, in election matters to exceed the 300 days provided in election matters. You have 180 days allocated to proceedings at the tribunal, 60 days at the Court of Appeal and another 60 days at the Supreme Court. So, what stops us from also having such constitutional arrangement in for corruption matters? I support the call for specialsed courts for corruption cases and the amendment of the Constitution to allow timelines for the trial of corruption cases,” Hon said.
Magaji also said he subscribes to have a separate court or an anti-corruption tribunal. He advocated that such a court or tribunal should be headed by Justices, particularly retired Justices of the Supreme Court.
“If we do not have separate court, there will be the problem of overlapping of jurisdiction. The best thing is for us to create anti-corruption tribunal that will have similar powers with those of the state High Court, and appeals can go from there to the Court of Appeal, and then, the Supreme Court.
“This will allow prompt determination of these cases. For instance, a Federal High Court sitting in Abuja has up to 20 cases on its list every day. The situation is made difficult when there are a number of Senior Advocates in court, whose cases, by tradition, are taken first.
“But when you have a separate court, whose e responsibility is to hear just corruption cases, proceeding in such cases will move fast. We can start by way of tribunals, before the Constitution is amended to allow for the creation of such a specialised court,” Magaji said.
Nwobike argued that the creation of special court for corruption cases will not serve any useful purpose. He contended that while creation of specialised courts for corruption is not prudent, the country should be vary in its quest for speedy justice in order not to sacrifice justice at the altar of speed.
“What I also know is that the various courts, that is the Federal High Court, the Court of Appeal and the Supreme Court have developed practice directions aimed at ensuring that criminal and corruption related cases are speedily determined. That, to me, is sufficient.
“We cannot afford to create special court for everything. Experience has shown that it is the same manpower, the same judges, the same lawyers and the same litigants will attend the specialised court. So, this attitude, responsible for delays in the regular courts, will also affect the specialised court.
“There is no justification for the creation of special courts. What I will suggest is that the various practice directions and others measures to aid speedy administration of justice should be given due attention at all levels.
“We must remember that when we talk about speed in the determination of criminal cases, we have to be very careful so that we do not sacrifice justice at the altar of speed. If we emphasise speed as against justice, the court may end up convicting innocent people and, in the process, let criminals go scot-free. That is not the intention of the law and criminal justice system,”Nwobike said.
Adedeji also disagreed with the argument that the country needs to have a different court to corruption cases. He argued that the country currently has enough courts to dispense justice in most of these cases.
“The problem has to do with abuse of processes by counsel. There is need for effective and more pragmatic rules to ensure that cases are expeditiously determined. So, in my view, it all comes down to abuse of processes. If a specialised court is provided to try some of these cases, we will still have the same problem.
“Essentially, it comes down to deliberate abuse of court processes, coupled with the fact that we need to be more aggressive in ensuring frequent reforms of our rules. In my view, a combination of these processes (preventing process abuse and ensuring frequent reform of court’s rules) will deal with these issues we are complaining about,” Adedeji said.
Despite the lack of consensus yet on the desirability or otherwise of a specialised court for corruption cases, the position remains that the current arrangement needs to be tinkered with for corruption cases to be determined expeditiously.
A federal High Court sitting in Lagos has restrained Heritage Oil and Gas Company Nigeria Limited and four others to maintain status quo ante bellum in a suit brought against them by Casimir Akagbosu, a director of the oil and gas firm.
Justice O. E. Abang issued an order of interlocutory injuction while ruling in an exparte motion brought by Akagbosu through his counsel, Peter Achunime.
Other defendants/respondents in the suit include Prof. Uche Uko Uche, Esso Exploration and Production Nigeria limited, the Federal Ministry of Petroleum Resources and Department of Petroleum Resources (DPR).
The judge issued the order after ensuring that the plaintiff had served served the motion on notice dated May 26, 2015 in respect of suit number FHC/CS/L/778/2015 on the respondents.
“Upon service of the motion on notice of the defendants, the principles of lis pendens as enunciated by the Supreme Court in the case of Amechi Vs INEC shall apply to the reliefs sought by the plaintiff in his motion on notice and it will be in the interest of the defendants to maintain status quo ante bellum on all issues raised by the plaintiff in his Motion on Notice pending the hearing and determination of the said application”, the judge held.
Akagbosu had sued Prof. Uche Uko Uche, a co-director of Heritage Oil and Gas for alleged attempt to divest him of his shareholding in the company.
Addressing a press conference in Lagos, Lawyers Unite Against Corruption(LUC) led by its lead advocate, Ikechukwu Ikeji alleged that the DPR flouted the order of Justice Okon Abang of a Federal High Court in respect of the divestment of his shareholding in the oil and gas company.
Ikeji alleged that DPR asked for and received undertaking from Uche to honour the outcome of the on-going litigation as a condition for conveying approval of the Minister for Petroleum Resources for extension of the exploration period and consent to the assignment of three per cent and 40 per cent participating interest in OPL 247 to Kendal Nigeria Limited.
Ikeji alleged attempts to divest Akagbosu of his shareholding in Heritage Oil, owners of Oil Prospecting License, OPL 247, of about 50 per cent via a share purchase agreement
Ikeji alleged that without the approval of other directors, Heritage Oil purportedly allocated three per cent shares of the company to Kenda Nigeria Limited, which was reportedly said to be a fake company not registered by the CAC, claiming that there was an attempt to take complete control of OPL 247 and its attendant benefits to the exclusion of Casimir, a founding shareholder with 50 per cent shareholding in Heritage Oil company.
A letter from the CAC dated June 16, this year and addressed to the Principal Partner, Okwudili Abanum and company signed by Aisha T. Tijani and titled, “Re: Application for detailed report on the status of registration of Kendal Nigeria Limited stated, “we could not readily find information from our records”.
The police are to pay N100million damages to the family of a victim who died in custody, Justice Mohammed Idris of the Federal High Court in Lagos held yesterday.
The late Mrs. Patricia Onyeabo died in detention last May 16 after being accused of involvement in a Nigerian Railway Corporation N1billion pension scam.
Onyeabo, a former NRC Secretary/Legal Adviser died about four weeks after the police detained her for the alleged fraud.
Her daughter, Amaka, filed a fundamental rights enforcement action and sought damages for her mother’s death.
The judge held that the police denied the deceased access to medical treatment while in custody.
He said had the late Onyeabo been allowed access to her doctor and medications, she probably would not have died.
“I hold that the Nigeria Police have failed in their responsibility. The applicant had a right to life and dignity of human person but was denied them while in the custody of the police, thereby leading to her life being terminated.
“If she was allowed access to the hospital, she would not have died. The police denied her the opportunity to visit the hospital for the treatment of her ailment,” Justice Idris held.
The deceased and others were being investigated over the alleged mismanagement the NRC workers’ contributory pension scheme.
They were said to have been initially detained at the Nigerian Railway Police Command in Ebute-Meta, Lagos, before being transferred to the Federal Criminal Investigation Department in Abuja.
Onyeabo was said to have died about five days after being transferred to Abuja.
Her daughter, through Chief Anthony Idigbe (SAN), claimed N1billion for general and aggravated damages over the “unlawful detention, harassment and intimidation of the applicant’s deceased mother.”
Idigbe claimed that the police violated the deceased’s fundamental rights to life, dignity of human person, personal liberty, freedom of movement and fair hearing as guaranteed by sections 33, 34, 35, 36 and 46 of the 1999 Constitution.
The monetary damages claimed, Idigbe said was meant to compensate for the pain caused Amaka over the “continuous deterioration of the applicant’s deceased mother’s health until her very painful and very premature death.”
The damages, the lawyer added, was for the “complete degradation, loss of reputation and goodwill of the applicant’s deceased mother’s family name built by sheer hard work, and the collective shame and ostracism suffered by the entire Onyeabo family as a result of the lawless and abusive acts of the respondents.”
An Ado-Ekiti Chief Magistrate’s Court has remanded a 32-year-old man, Kayode Oke, in prison custody for allegedly attempting to kill his mother.
According to the police prosecutor, Sergeant Bamikole Olasunkanmi, the accused committed the offence on June 29 in Igede-Ekiti, Irepodun/Ifelodun Local Government Area.
Olasunkanmi said Kayode chased her with a cutlass. The prosecutor told the court that the offence contravened Section 320 of the Criminal Code, Cap C 16, Laws of Ekiti State 2012.
Olasunkanmi told the court that the case file had been sent to the Office of the Director of Public Prosecutions (DPP) in the Ministry of Justice for legal advice.
The plea of the accused was not taken but his counsel, Busuyi Ayorinde, sought a date of adjournment, pending the outcome of the advice from the DPP’s office.
Chief Magistrate Idowu Ayenimo remanded Kayode in prison custody, pending the advice from the DPP and adjourned till August 7.
The Nigerian Electricity Regulatory Commission (NERC) on Thursday filed an application to discharge the exparte order restraining it from implementing the new electricity tariff scheduled to take effect from June 1.
Mr Tonbofa Ashimi, the counsel to the commission, informed the court that he had filed the application to discharge the exparte order, including a preliminary objection challenging the substantive suit.
Justice Mohammed Idris of a Federal High Court, Lagos had given the order in a ruling on an ex-parte application filed by a Lagos lawyer, Mr Toluwani Adebiyi.
Idris had restrained the NERC and the electricity distribution companies from effecting any increment in electricity tariff pending the hearing and determination of the suit.
At the resumed hearing of the case on Thursday, Ashimi told the court:“My Lord, I am the counsel representing NERC and we have filed an application seeking to discharge the exparte order.
“We also filed a preliminary objection challenging the suit in its entirety.”
Responding, the plaintiff’s lawyer, Adebiyi told the court that he needed more time to reply to the application on points of law.
Justice Mohammed Idris, however, adjourned sitting to July 21 for hearing of all pending applications.
The News Agency of Nigeria (NAN) reports that at the last adjournment on June 11, NERC had yet to employ the services of a lawyer.
Adebiyi had at the sitting urged the court to renew the order to preserve the subject matter of the suit.
“My Lord, everybody is affected. Even this court is running on generator. There is a need to stop NERC from increasing the electricity tariff because Nigerians cannot afford such and there is no justification for such increment,” he said.
Idris had in a short ruling held that “the ex-parte order remains valid and subsisting.”
NAN also reports that Adebiyi is seeking an order restraining the NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria.
He also wants an order restraining the NERC from foisting compulsory service charge on owners of pre-paid meters until the meters were designed to read charges per second of consumption and not on a flat rate of service not rendered or power not used.
He wants the service charge on pre-paid meters not to be enforced until there was visible efficient and reliable power supply as being enjoyed in developed countries where the idea of service charge was borrowed from.
Adebiyi is further asking for an order of court mandating the NERC to generate more power to meet the electricity demands of Nigerians.
In addition, the lawyer is asking the court to mandate the NERC to make available to all Nigerians within a maximum of two years pre-paid meters to eliminate estimated billing system and arbitrary service charges.
