The Nation Newspaper

Tag: Court

  • N20m fraud: Court dismisses ex-banker’s no-case submission

    An Ikeja High Court on Thursday dismissed a no-case submission filed by a former banker, Olutola Ojo, charged with N20 million fraud.

    Ruling on the application filed by Ojo’s counsel, Mr N.O. Olagunju, Justice Adeniyi Onigbanjo held that the defendant had a case to answer.

    He said the exhibits tendered by the prosecution and the testimonies of its six witnesses had adduced sufficient evidence to warrant the defendant to open his defence.

    The judge consequently ordered Ojo to open the defence of his case on June 23.

    The News Agency of Nigeria reports that Ojo was charged alongside his company — Forox Standard Concepts, by the Economic and Financial Crimes Commission (EFCC).

    He was facing a seven-count charge bordering on obtaining money by false pretences, issuance of a dishonoured cheque, forgery and uttering.

    The EFCC’s counsel, Mr Ben Ubi, alleged that Ojo had committed the offences between January and June 2009, while he was a staff of the defunct Oceanic Bank Plc.

    Ubi said he had obtained N20 million from one of the bank’s customers, Chief Samuel Anibata.

    He said the money was obtained by the defendant under the pretext of helping Anibata to purchase Low Pour Fuel Oil for supply to Dangote Cement Factory in Obajana, Kogi State.

    Ojo was also accused of forging various documents which he used to facilitate the fraud.

    According to Ubi, the defendant also issued several banks’ cheques in various sums in favour of Anibata which were dishonoured by the banks due to insufficient funds in his account.

    Ubi said the offences contravened sections 467 and 468 of the Criminal Code Laws of Lagos State, 2003.

    He said it also contravened section 2(b) of the Advance Fee Fraud and Other Related Offences Act 2006 and section 1 (1) of the Dishonoured Cheques (Offences) Act.

  • Quit Notice: Tenant in court for fighting landlord

    A trader, Olabode Agemo, 29, who allegedly fought his landlord over a quit notice, on Thursday appeared before an Ikeja Magistrates’ Court in Lagos, charged with a breach of the peace.

    The Prosecutor, ASP. Eranus Nnamonu, told the court that Agemo, a resident of No. 37, Sule St., Dopemu, Agege, Lagos committed the offences on April 1, at their residence.

    Nnamonu said that the accused conducted himself in a manner likely to cause a breach of the peace by making trouble with his landlord over the quit notice issued to him.

    He said:  “The accused was issued a quit notice over his refusal to pay for PHCN and LAWMA bills since March 2013.”

    The prosecutor said that the offence contravened Sections 166 (d) of the Criminal Law of Lagos State, 2011.

    The accused, however, pleaded not guilty to the charge.

    The Magistrate, Mrs Abimbola Komolafe, granted bail to the accused in the sum of N100, 000 with one surety in like sum and adjourned the case till May 5, for mention.

  • N5.2bn scam: Court admits alleged confessional statement of accused

    An FCT High Court on Tuesday admitted an alleged confessional statement of former Managing Director, Nigeria Airspace Management Agency, Rowland Iyayi, into  evidence.

    The accused allegedly admitted the N5.2 billion aviation contract scam in the statement.

    Iyayi, alongside former Minister of Aviation, Babalola Borishade; his former Personal Assistant, Tunde Dairo; and an Australian, George Eider, is facing a 15-count charge of diverting N5.2 billion Aviation Safe Tower contract.

    Delivering a ruling, Justice Abubakar Umar held that the prosecution witness, DSP Ruben Omosigbo, was competent to tender the confessional statement in evidence.

    Umar said the witness had testified that he collected the statement from the investigating officer, Mr Danjuma Mohammed, before he died.

    According to him, the witness must be in better position to identify and tender the statement in evidence, following the death of the investigation officer.

    Umar held that the testimony of Mohammed that he could identify the handwriting and signature of the deceased meant that the statement was credible.

    “The above testimony of the witness is competent enough to warrant the admissibility of the confessional statement of second accused.

    “ I am satisfied that the evidence is competent and it is admissible in evidence,” he said.

    The judge therefore admitted and marked the statement as exhibit AY.

    He subsequently adjourned the case until June 9 for continuation of hearing.

    Earlier, the EFCC Counsel, Mr Sabastine Hon, had craved the indulgence of the court to tender the statement of Iyayi in evidence, which was opposed by the accused’s counsel.

    In his submission, counsel to Iyayi, Mr Kehinde Ogunwumiju, said prosecution did not lay any foundation for the statement to be tendered and admitted in law.

    Ogunwumiju had also urged the court to reject the statement.

  • Court remands 2 for allegedly stealing tricycle

    An Ota Senior Magistrates’ Court in Ogun on Tueday remanded two men, Godwin Edeh, 27, and Edeh Destiny, 30, for allegedly stealing a Bajaj tricycle worth N125,000.

    The Magistrate, Mrs Titi Bello, directed that the accused be kept behind bars, pending the time their bail would be considered.

    The accused, of no fixed addresses, are facing a two-count charge of stealing and conspiracy.

    They, however, pleaded not guilty to the charge.

    The Prosecutor, Insp. Peter Molokwu, had earlier told the court that the accused, and others still at large, committed the offences on Feb. 17 at about 1:00 p.m. on the Ibogun Road, Ifo, Ota.

    Molokwu said that the accused stole a Bajaj tricycle with registration number,  MEK 746 QB, belonging to one Ogbechie Doris.

    He said Doris gave the tricycle to Godwin for commercial activities and to make a daily return to her but he later lied that the tricycle was stolen.

    The prosecutor said the offences contravened Sections 390 (9) (10A) and 509 of the Criminal Code, Vol. 1 of the Amended Laws of Ogun, 2006.

    The case was adjourned till April 18, for mention.

  • Court acquits Rivers House Leader of murder

    Justice Letam Nyordee of the Rivers State High Court, struck out yesterday the attempted murder case against the leader of the House of Assembly, Chidi Lloyd, by the police.

    Justice Nyordee also discharged the accused.

    A fight broke out at the Assembly on July 9, last year, following the attempt by five members, also known as anti-Amaechi lawmakers, led by Evans Bipi (Ogu/Bolo), to remove the Speaker, Otelemaba Dan Amachree.

    Lloyd was arrested by the police for allegedly using a fake mace to injure Michael Chinda (Obio/Akpor 2), on the head.

    He was charged with conspiracy to murder, attempted murder, intention to cause grievous harm, assault occasioning harm, causing grievous harm, and malicious damage (of government property).

    Lloyd was admitted to bail on N10 million.

    The matter was being prosecuted for the police by the former Attorney-General of Imo State, Donald Denwigwe (SAN).

    Following difficulties by the defendant to secure his (Lloyd’s) bail after almost two weeks of incarceration, the state’s Attorney-General, Worgu Boms, applied to takeover the prosecution.

    The application was granted and the police pulled out of the case. Lloyd was granted bail.

    Lloyd shortly after filed a motion for the dismissal of the criminal suit against him.

    The application was filed through his lawyers, led by Beluolisa Nwofor.

    Hearing in the application was frustrated by the refusal of the police to release the case file to the state.

    The matter suffered several adjournments as a result.

    At the last sitting on February 13, the attorney general said efforts to otain the case file from the police failed.

    He noted that he had nothing to prosecute the case.

    The state officer in charge (Legal), Paul Idenyenmin, told the court the file was in the custody of the Inspector General of Police, Mohammed Abubakar, where Lloyd gave his statement.

    Idenyenmin said Lloyd’s arrest, detention and prosecution was effected at the Force Headquarters.

    He said the headquarters were in a position to release the case file and not the state command.

    At yesterday’s hearing, the attorney general, represented by the state Director of Public Prosecution (DPP), I. Otorubio, said he would discontinue the prosecution and applied for withdrawal.

    The court granted the request, saying “based on the letter to the court by the prosecution to withdraw from the matter and discontinue the criminal charges against the accused, the accused is discharged and the case struck out.”

    Nwofor said the prosecution did the right thing, saying the police had no evidence to prove their case against his client.

    He thanked the court for freeing Lloyd, saying Lloyd has been vindicated.

    “My client is free. The prosecution could not establish his case.”

    Asked what would likely be Lloyd’s fate, Nwofor said: “ I would not want to speculate on that, but for now, my client is free. If he commits a crime he is not above the law, but for now, he is an innocent man; he has committed no crime.”

  • Appeal Court’s new president decries poor funding of Judiciary

    Appeal Court’s new president decries poor funding of Judiciary

    The Senate yesterday confirmed the nomination of Justice Zainab Bulkachuwa as the president of the Court of Appeal.

    Justice Bulkachuwa, who answered questions pertaining to the dispensation of justice before she was confirmed, said it was necessary to further amend the Electoral Act to prevent delays in election cases.

    She decried the condition of justices, saying they lived in sordid environment due to poor funding, saying the Judiciary was poorly funded.

    The judge blamed the delay in deciding election petitions on the electoral law, lawyers and the Independent National Electoral Commission (INEC).

    Justice Bulkachuwa said: “Our problem is that the time it takes to file a petition and relevant documents pertaining to an election petition is long.

    “Before a case comes to the Court of Appeal, its time would have been taken, that is the 180 days would been concluded at the tribunal and when the case comes to the Court of Appeal, it takes another time.

    “You find that we have just about one month within which to hear and determine these appeals. We have made some contributions.

    “I made some submissions to the National Assembly when they asked for our input in the amendment of the Constitution and the Electoral Act, because the last time the Electoral Act and the Constitution were amended, our input was not taken into account.

    “We are the court, we decide what happens where we are the final court in the National Assembly and the State Assembly elections. We hear governorship elections on appeal and we are the first instance court on presidential election.

    “So we think before the amendment of the constitution or before the amendment of the Electoral Act, our input should have been sought and should form part of the amendments.

    “Last time we were not asked. We believe this time we will be asked so we can make our input. We will try our best within the time limit we have. Sometimes, we hear an electoral appeal within seven days.

    “We have just seven days within which to hear and determine an appeal and then the matter will go to the Supreme Court on appeal. We don’t have sufficient time.

    “We are suggesting that the time within which an appeal should be filed from the tribunal to the Court of Appeal should be after an appeal is filed.

    “An appeal usually should be filed within 30 days when the matter is determined.

    “So that gives us an extra 30 days. And then we blame the counsel most of the time because when you take a petition before the tribunal, it takes much time.

    “The respondents will not want the matter to be heard and determined so he will play as many delay tactics as he can so by the time the matter is determined, the 180 days are gone and then the jurisdiction of the Court of Appeal would have been taken because we can’t send back the case to the tribunal for retrial.

    “So the delay is not that of the court, I am sure it is more or less that of lawyers and then the parties. Maybe there should be another rethink of the election processes.

    “We are also blaming INEC because when a petition is filed, it takes them time to give election documents to a petitioner. As of right he is supposed to get those documents within seven days. This is not done. Sometimes, the court will make an order but it will be ignored by INEC.”

    She blamed the incidence of conflicting judgments on lack of funds to make the Information and Communication Technology (ICT) of the court functional.

    “We do have conflicting judgments, I believe, but we are trying as much as possible. We are aware of any judgment that is delivered in any Court of Appeal or in any division of the Court of Appeal within the shortest time. But this also brings us back to funding of the judiciary.

    “We love to have an ideal situation where our ICT section will be working, but we don’t have sufficient funds. We are trying as much as we can.

    “On the funding of the judiciary, this is a serious issue. We are the biggest court in the country. We have 90 justices as at now. We have 16 divisions of the Court of Appeal.

    “But our budget this year is N10.1 billion. The justices have their salaries, allowances, which should be charged on the consolidated revenue fund. So if you take that out of the N10.1 billion, what are you left with?

  • Subsidy fraud: Court dismiss Ogunbambo’s application

    Attempt by an alleged fuel subsidy thief, Oluwaseun Ogunbambo to stop the police from arresting him over an alleged N1.3 billion scam was Wednesday dashed by a Federal High Court Lagos.

    Justice Mohammed Yunusa while dismissing a Fundamental Human Right (FHR) application brought before him by the accused, held that it is the constitutional duty of the police to arrest and prosecute suspects.

    The Special Fraud Unit (SFU) of the Nigeria Police had preferred a criminal charge against Ogunbambo before Justice Okon Abang for allegedly defrauding the federal government of N1.3 billion through petroleum subsidy.

    But in a bit to stop the police from arresting him on the basis of the charge, the accused through his lawyer, Ajibola Oluyede filed a FHR application before Yunusa seeking an injunction restraining the police from arresting him.

    The Inspector General of Police and the Commissioner of Police SFU were co-respondents in the suit which also sought an order that his being declared “wanted” by the SFU, without reasonable suspicion of his complicity in the charges, amounted to a violation of his right to liberty.

    In his submission, Counsel to the SFU, Dania Abdullahi, had urged the court to dismiss the applicant’s suit, arguing that Ogunbambo was simply trying to evade the course of law.

    The prosecution held claimed that efforts to arrest Ogunbambo had proved abortive.

    Abdullahi averred that the accused/applicant had been on the run in view of the overwhelming incriminating evidence against him and has resorted to exploit judicial process to delay his prosecution.

    However, Justice Yunusa in his ruling held that the police had the statutory right and duty to declare suspects wanted and arrest them.

    “Section 24 of the Police Act confers on the police the right to arrest, detain and prosecute offenders.

    “The police possess the Constitutional right to investigate allegations of fraud or criminal offences levied against any individual including the applicant.

    “They can also arrest any suspect with or without warrant, and where investigations reveals a prima facie case against the suspects, he will be charged to court.

    “It is my view that the applicant cannot restrain the police from carrying out its statutory duties.

    “The applicant is now an accused, a charge having been preferred against him.

    “This suit lacks merit and is accordingly struck out,” the court ruled.

  • FRSC can’t impose new number plates on Motorists – Court

    A Federal High Court in Lagos on Wednesday held that it was unconstitutional for the Federal Road Safety Commission (FRSC) to impose new number plates on motorists in the country.

    The judge, Justice James Tsoho, delivered the judgment following a suit by a lawyer, Emmanuel Ofoegbu, challenging the powers of FRSC to issue the new number plates.

    Ofoegbu had challenged the power of the commission to impound vehicles of motorists who failed to acquire the new numbers.

    Tsho held that it was unlawful for the respondent to impose the new number plates on motorists, where there was no existing law permitting same.

    “The issue of redesigning new number plates by the respondent is not covered under the provisions of any law in Nigeria.

    “The respondent cannot force Nigerians to acquire new number plates by impounding cars, without the backing of any legislation to that effect.

    “I hold that the act of the respondent amounts to an arbitrary use of power, and is therefore illegal and unconstitutional.

    “Judgment is, therefore, entered in favour of the plaintiff, and all the reliefs sought are hereby granted, I so hold,’’ he said.

    The News Agency of Nigeria (NAN) recalls that the plaintiff had filed the suit on Sept. 30, 2013 through a Human Rights Activists, Mr. Ogedi Ogu.

    The plaintiff had sought a declaration that the threat by the respondents to impound vehicles of motorists, who failed to acquire the new number plates, was invalid and unconstitutional.

    In his statement of facts, the plaintiff averred that the old plate numbers were issued under the provisions of the National Road Traffic Regulations (NRTR) 2004.

    He averred that the NRTR 2004 is a subsidiary legislation made under the FRSC Act, Laws of the Federation as revised in 2004.

    According to the plaintiff, the NRTR 2012, in Regulations 230 (2), provides that the revocation of the 2004 Regulations, shall not affect anything done, or purported to be done pursuant to that Regulation.

    Ofoegbu averred that there is no law made in accordance with the 1999 Constitution of the Federal Republic of Nigeria (as amended), which prohibits the use of the old plate numbers, or declares its use as an offence.

    He also averred that the threat by the respondent to impound vehicles and arrest motorists who failed to comply with the Oct. 1 deadline, was a gross violation of the provisions of 36 (12) of the constitution  which guarantees the rights of individuals.

    He had, therefore, urged the court to declare as unlawful, the threat by the respondent, to arrest motorists using the old number plates because there is no law validly made in accordance with the constitution prohibiting its user.

    The applicant had also sought an order of injunction restraining the defendants from impounding vehicles or otherwise arresting or harassing motorists who failed to acquire the new number plate.

     

  • Landlord remanded for injuring tenant

    A Grade 1 Area Court in Karu, FCT, on Wednesday sentenced a landlord, Phillip Zaure, to eight months in prison for causing grievous hurt on his tenant.

    Zaure, who resides in Gidan Mangoro on the Abuja Airport road, was arraigned on two counts of criminal force and causing grievous hurt.

    The presiding judge, Mr Hassan Ishaq, also ordered Zaure to pay N17,000 being medical expenses incurred by the tenant, Uche Kalu.

    The Judge also ordered him to write and sign an undertaken that he would bear all other medical expenses incurred by the complainant.

    He gave the accused an option of N35,000 fine.

    The prosecutor, Insp. Pascal Njoku, had informed the court that the tenant, Kalu, lodged a report against the accused at the Karshi Police Station on March 24.

    Njoku also told the court that the complainant came into the police station, covered in blood, due to injuries he sustained during the assault.

    According to Njoku, the complainant said the accused attacked him with a cutlass because he had reported a misdemeanor of the accused’s children to him.

    Njoku said the accused was currently receiving treatment at the Primary Healthcare Centre in Gidan Mangoro on the Airport Road.

    He said the offence contravened the Penal Code.

    The accused pleaded guilty and begged the court for leniency.

    “I was provoked because of the manner in which he approached me. I am very sorry,” he said. (NAN)

  • Teacher docked for defiling pupil

    A primary school teacher, Abdukadiri Olaitan, on Tuesday appeared before a Yaba Chief Magistrates’ Court, Lagos, charged with defilement of an eight-year-old girl.

    Olaitan, 23, who resides at No. 1 Ajisegiri St, Ilupeju, Lagos, is standing trial on a charge of having unlawful carnal knowledge of a minor.

    The Prosecutor, ASP Godwin Anyanwu, told the court that the accused committed the offence on Dec. 19, 2013, at his residence.

    He said that the accused, who teaches at the New Horizon Islamic School, Okearin, Ilupeju, Lagos, took advantage of his eight-year-old pupil and had sexual intercourse with her.

    “He capitalised on her lack of good guardianship and exploited her,” the prosecutor said.

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

    However, the accused denied the charge.

    The Chief Magistrate, Mrs Yewande Aje-Afunwa, said that though the offence attracted life imprisonment, the accused would be admitted to bail.

    She said: “The offence is a serious one and attracts life imprisonment; it is, however, bailable, but the conditions will be stringent.

    “The defendant is hereby admitted to a bail of N500,000 with two sureties in like sum.

    “The sureties must own residential property in Lagos State and one must be a recognised community or religious leader while the other must be a blood relation of the defendant.’’

    The chief magistrate added that the sureties must both show evidence of tax payment and gainful employment.

    Aje-Afunwa adjourned the case to May 12 for further hearing. (NAN)