The Nation Newspaper

Tag: Court

  • Woman in court over assault

    A 39-year-old businesswoman, Deborah Agu, who allegedly attacked a man with a machete, on Friday appeared before a Surulere Chief Magistrates’ Court, Lagos.

    Agu, who resides at 10, Thomas Animashaun St., Aguda in Surulere, is facing a two-count charge of conspiracy and assault.

    The prosecutor, Insp. Gabriel Ekundayo, told the court that the accused with others still at large committed the offences on Feb. 20 at her residence.

    He alleged that Agu assaulted one Mr Sunday Nnachi, a neighbour, and inflicted injuries on him with a machete.

    According to Ekundayo, an argument broke out between Agu and Nnachi which led to a fight.

    “The accused used the machete to attack his neighbour which gave him cuts in his head, right hand and left foot.’’

    He said the offences contravened Sections 171 and 409 of the Criminal Law of Lagos State.

    Agu pleaded not guilty to the charges.

    In her ruling, the Magistrate, Mrs M.O. Olajuwon, granted the accused bail in the sum of N50, 000 with one surety in like sum.

    The case was adjourned to April 1 for mention.

  • Court fixes March 31 for hearing of Sanusi’s suit

    Court fixes March 31 for hearing of Sanusi’s suit

    A Federal High Court on Friday in Lagos fixed March 31 for the hearing of a fundamental rights suit filed by the suspended Central Bank Governor, Malam Sanusi Lamido Sanusi.

    Sanusi had filed the suit through his counsel, Prof. Yemi Osibanjo (SAN), seeking an order restraining the police and the State Security Service from arresting, detaining or harassing him.

    Joined in the suit are the Attorney General of the Federation, Inspector General of Police and the SSS as first, second and third respondents respectively.

    The News Agency of Nigeria (NAN) reports that the applicant’s motion was scheduled for hearing on Friday.

    Counsel to the first respondent, Dr Fabian Ajogu (SAN), informed the court that he had a motion on notice dated March 19.

    He said the motion was for extension of time to regularise filing processes.

    Counsel to the third respondent, Mr Ahmed Musa, also made the same application, saying his motion was dated March 17.

    However, counsel to the applicant, Chief Kola Awodehin (SAN), did not oppose the application for extension of time.

    Awodehin, who said was prepared to proceed with his motion, noted that he was constrained to ask for an adjournment by the nature of applications filed by the first and third respondents.

    Consequently, Justice Ibrahim Buba adjourned the suit to March 31 for hearing of the applicant’s suit on the understanding that all parties would have regularised all processes before the next adjournment.

    “The respondents’ motion for extension of time is granted and time is hereby extended in terms of the prayers on the face of the motion paper.

    “This suit is therefore adjourned to March 31 for hearing,” he ruled.

    NAN also reports that the court had on Feb. 21 granted an interim order restraining the respondents from arresting, detaining, or harassing the applicant pending the determination of the motion on notice.

    The interim order was sequel to an affidavit of urgency filed by the applicant on the same date.

    The court had also granted the applicant leave to serve the originating summons and other accompanying court processes on the respondents.

  • $1.69m fraud: Ajudua to know fate on bail application in March

    $1.69m fraud: Ajudua to know fate on bail application in March

    An Ikeja High Court on Thursday fixed March 31 for ruling on the bail application filed by a Lagos businessman, Fred Ajudua, charged with 1.69 million dollars fraud.

    Justice Kudirat Jose fixed the date after hearing arguments from the Economic and Financial Crimes Commission (EFCC) counsel, Mrs E.A. Sanusi and Ajudua’s counsel, Chief Charles Edosomwan (SAN).

    Ajudua and one Charles Orie are being prosecuted for allegedly defrauding two Dutch businessmen – Messrs Remy Cina and Pierre Vijgen, of 1.69 million dollars (about N252.8 million).

    They were re-arraigned before Jose on Feb.5 following the transfer of the case from the former trial judge, Justice Joseph Oyewole.

    The News Agency of Nigeria (NAN) reports that Orie was on March 12 granted bail while Ajudua is still being remanded at Kirikiri Maximum Prison, Lagos.

    Addressing the court on Thursday, Sanusi said the EFCC had filed a 16-paragraph counter affidavit on March 10 opposing Ajudua’s application for bail.

    Sanusi argued that there was likelihood that the first defendant (Ajudua) would jump bail and interfere with the prosecution witnesses.

    “My Lord, it is a 2003 case and we have not been able to do anything. We have only called six witnesses to testify against the defendants,” she said.

  • Defilement: Lagos court slams stringent bail conditions on rapist

    Godspower Eva, a 52-year-old security guard, who allegedly raped three minors and a teenager, was on Wednesday in Lagos granted bail on stringent conditions.

    A Yaba Magistrates’ Court admitted the suspected serial rapist to a bail of N500, 000 with two sureties in like sum.

    The Chief Magistrate, Mrs. Yewande Aje-Afunwa, who noted that the offences attracted life imprisonment, ruled that the bail condition would be stringent even though the offences were bailable.

    Other bail conditions slammed on him include sureties, who must own a landed property in Lagos.

    She said the one of the sureties should be a recognised community or religious leader, while the other must be a blood relation of the accused.

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

    “The sureties must show evidence of tax payment and gainful employment,” Aje-Afunwa said.

    She ordered that the case file should be duplicated and forwarded to the Director of Public Prosecutions for advice.

    She also referred the defiled minors to the Clinical Psychologist at the Lagos State University Teaching Hospital for counseling.

    The News Agency of Nigeria (NAN) reports that the accused, who resides at 23A, Adebayo Doherty Road, Lekki Phase 1, is standing trial on a four-count charge bordering on conspiracy and child defilement.

    Eva, however, denied the charges.

    Counsel to the accused, Mr Gabriel Agedo, informed the court that he had filed an application for his bail.

    He pleaded with the court to grant Eva bail on liberal terms.

    Earlier, the prosecutor, ASP Godwin Anyanwu, told the court that Eva committed the offences on Feb. 17 at his residence.

    He said the accused took advantage of the four girls of ages 9, 10, 12 and 14 by assaulting them sexually.

    “On Feb. 17, Eva had sexual intercourse with three minors – aged 9, 10 and 12 — in his room after promising to give them N100 each.

    “He conspired with their 14-year-old classmate, whom he had earlier defiled, to bring to his house the minors. He also gave them N100 each,” the prosecutor alleged.

    Anyanwu said Eva was apprehended after one of the parents of the defiled minors reported the matter to the police.

    He said the offences contravened Sections 137 and 409 of the Criminal Law of Lagos State, 2011.

  • Rivers CJ: Court sets aside NJC’s nominee

    Rivers CJ: Court sets aside NJC’s nominee

    …says Amaechi is not a rubber stamp

     

    A Federal High court sitting in Port Harcourt the Rivers state capital has faulted the recommendation of Justice Daisy Okocha by the Nigeria Judicial Council (NJC), for the vacant seat of the state Chief Judge, declaring it as wrong, null and void.

    In a more than two hours judgement delivered in Port Harcourt a while ago, Justice Lambo Akanbi held that the NJC acted in error by recommending Justice Okocha instead of Justice Peter N. Agumagu who is the preferred candidate of the State Judicial Service Commission (SJSC).

    Justice Akanbi said that the SJSC of every state is in the position to know the most suitable candidate for the position and not the NJC; adding that the disqualification of Agumagu by the NJC on the grounds that he is not of the state High court was wrong,  null and void.

    He held that the NJC’s duty on the appointment of state CJ was advisory and that the governor of the state is not mandated to adhere to the recommendations of the NJC in appointing the most suitable candidate for the seat.

    “The governor is not a rubber stamp and must not adhere to the recommendations of the NJC,” he said

    He therefore ruled that for NJC’s position to be upheld, it must have very cogent reasons other than the fact that the SJSC’s preferred candidate is not of the state High court.

    The Judge therefore set aside all the recommendations made by the NJC on the appointment of substantive CJ for the state.

  • Court declares community leader owner of Epe land

    Security personnel and court bailiffs from the Lagos State High Court stormed Abijo village in Ibeju-Lekki area of the state last Friday took possession of a landed property adjudged owned by a community leader, Mr. George Olu Mabadeje.

    The security agents and the bailiffs went there to enforce a judgment of a Lagos High Court judge, Justice Taofikat Oyekan-Abdullahi delivered two years ago.

    Justice Oyekan-Abdullahi had in her judgement delivered on Thursday, October 2012, in suit no LD/513/09, declared the applicant (Mabadeje) as the rightful owner of the land.

    The defendants in the suit are Alhaji Akibu Alarape Adams, Nurudeen Salawu, Talubi Salawu, Ganiyu Ogundibo and unknown persons.

    The judge had, in the enrolment of order issued sequel to a motion ex-parte filed by Mabadeje on December 16, 2013, held among others:

    According to Justice Oyekan-Abdullahi, “That leave be and same is hereby granted to the Applicant: Writ of possession of all that piece or parcel land lying and situated at Abijo Village Epe Expressway, Ibeju-Lekki, measuring 6039.89, 4395.96, 8094.03, 1520.92, square metres respectively and more particularly described in the survey plan no OKL92/395, OKL92/395A, OKL92/391, OKL93/164 and OKL92/247 as a consequence of the judgement of this honourable court”.

    Prior to the issuance of the enrolment order, Justice Oyekan-Abdullahi had in the ruling said: “It is clear from the records of this court that the first and fifth defendants have never attended the pre-trial conference, which was buttressed by the learned counsel to the third and fourth defendant counsel that the learned counsel to the first defendant came to court and left before the case was called today. It shows he has no interest in the case neither did he intend to participate.

    The judge added: “Consequently, I am left with no option than to invoke the said order and accordingly enter judgement against the first and fifth defendants.”

    Meanwhile, Abijo residents have commended the officers and men of the Nigerian Police and the court officials for maintaining relative peace in the environment, which they adduced to the peaceful manner the execution of the court judgement was carried out last Friday.

     

  • Appeal court overrules N7 billion judgment against NIMASA

    An Appeal Court in Lagos has upturned a N7 billion the judgment delivered against Nigerian Maritime Administration and Safety Agency (NIMASA) by Justice Okon Abang of a Federal High Court.

    Justice Abang had in a suit filed against NIMASA by Henmor Nigeria Limited, ordered the agency to pay N7 billion to the plaintiff for arresting and detaining its cargo vessel, M.T. AGBOMIEN.

    Dissatisfied by the verdict of the lower court, NIMASA through its lawyers, Louis Mbanefo (SAN), Adegboyega Awomolo (SAN) and Dr. Fabian Ajogwu (SAN), appealed Justice Abang’s decision.

    The respondent (Henmor Nigeria Limited) through its counsel, Kola Awodein (SAN) filed their brief urging the appellate court to dismiss NIMASA’s appeal.

    But in a unanimous judgment delivered on Friday by Justice Chinwe Iyizoba, the appellate court ordered the return of the judgment sum to NIMASA.

    The court held that there were no credible evidence upon which judgment was entered in favour of the respondent at the trial court. It aligned itself with the appellant’s arguments that the detained vessel was unseaworthy going by the provisions of the Merchant Shipping Act, therefore, was justifiably detained.

    “On the claim of $7,000 per day as cost of hiring the vessel, the documents of the charter ought to have been pleaded and tendered to prove the item of loss, but this was not done.

    “Also, as regards the $25 million claimed by the respondents as the estimated value of the vessel M.T. AGBOMIEN, the basis of arriving at that figure was not placed before the court to enable it determine if that was a fair and credible estimate before awarding same.

    “The truth is that the respondent failed to plead full particulars of the various heads of damages claimed and also failed to strictly prove them. The awards by the lower court cannot therefore stand,” the court held.

    According to the appellate court, the power of the regulatory agency, NIMASA, to detain vessels on the basis of the Merchant Shipping Act cannot be disputed.

  • Court denies Kogi varsity lecturer, two others bail

    Court denies Kogi varsity lecturer, two others bail

    A Federal High Court in Abuja yesterday denied bail to a lecturer at the Kogi State University, Dr Nazeef Yunus, and two others – Alhaji Salami Abdullahi (a businessman) and Umar Musa, accused of being members of the Boko Haram sect.

    The court, presided over by Justice Gabriel Kolawole, held that the current activities of Boko Haram members in the Northeast will not allow it to exercise its discretion in favour of the suspects.

    He was ruling on their applications for bail.

    Referring to the growing spate of killings of innocent citizens by Boko Haram, Justice Kolawole declared that the court could not pretend that all was well in the country.

    The judge said that while the court’s power to grant or deny bail was discretionary, such power must be exercised judiciously and judicially.

    Justice Kolawole said that should the court decide to grant them bail, it would have to impose stringent bail conditions, but explained that imposing stringent conditions, which the accused would not be able to fulfil, was like giving a gift with the right hand and collecting it back with the left.

    His words: ”It is the severity of the crime that matters, and one is hesitant to grant bail. This may not be a period for the court to embark on fanciful and sterile judicial analysis so that the court cannot send out wrong signals.”

    The duty of the court in view of the peculiar circumstances the country finds itself now, Justice Kolawole pointed out, was to assist the state to bring the security situation under control as issues relating to national security could not be regarded as extraneous.

    On Abdullahi’s claim of being indisposed, the court held that his health challenge was not beyond what could be handled by a clinic provided he had regular access to medical attention.

    However, the court elected to accord the case accelerated hearing.

    The case was accordingly adjourned to March 18 for commencement of the trial.

    Dr Nazeef (44 years) is a lecturer in the Department of Islamic Studies of the Kogi State University.

    He is accused by the State Security Service (SSS) of providing intellectual and spiritual support to the sect.

  • Court wades into Ondo community land dispute

    An Akure High Court in Ondo State, has waded into the family land dispute on the ‘illegal’ sales of landed property belonging to the Elemo family of Igoba in Akure North Local Government.

    It ordered immediate stoppage of sales of the land by the former head of Elemo’s family, Chief Ojo Jayeoba.

    The Elemo Chieftaincy Family (Claimants) had earlier filed a suit at the High Court challenging the sale of some portions of land belonging to the family by Chief Jayeoba, who is the defendant.

    During the trial the claimants had argued that the land in dispute is the property of Elemo family of Igoba.

    They declared that they were the persons lawfully entitled to a grant of Certificate of Statutory rights of occupancy on the land.

    According to them, the defendant as a member of Elemo Igoba Chieftaincy family could not solely sell or convert Elemo family land for his personal use.

    They alleged that the defendant had breached the terms by selling family land without the consent of head of the family.

    Besides, they said he forged the signature of the first Claimant, Mr. A. W. Olokunboro and purport-edly printed receipts of the family where he signed as Elemo of Igoba when he had been elevated as the traditional ruler of Igoba (Obalogun).

    The defendant, however, admitted that he sold family land with the consent of the family.

    Jayeoba said, as the head of the Elemo family, even in his new capacity as the traditional ruler of Igoba, he was not liable to the claim of the claimants.

    He tendered exhibits as evidence of the ratification of his action by the claimants, saying the claimants were estoped from declining their initial agreement with him against reviewing his actions.

    In his judgment, the trial judge, Justice Bode Adegbehingbe said the former Elemo (defendant) did not seek approval from other members of the family.

    According to him, he just created his personal receipt under which, part of the landed property was sold to organisations and individuals.

    Justice Adegbehingbe, described the action as illegal and against the interest of the family as the former Elemo did not even have the layout of the said land.

    He ruled that the Claimants were lawfully entitled to a grant of Certificate of Statutory rights of occupancy over the disputed land.

    Justice Adegbehingbe also gave an order of perpetual injunction restraining the defendant from further dealing in selling, trespassing or construction activities on any part of Elemo Igoba Chieftaincy family land without the consent and authority of the entire family.

    The new Elemo, Chief Johnson Aladegbaye, in his reaction noted that some of the buyers would be contacted on the new development.

    He said majority of them had acquired some portions of the land originally meant for schools, markets, roads and police station in the layout.

  • Court rejects robbery suspect’s claim of police torture

    A Lagos  High Court, Ikeja, last week rejected the claim by a robbery suspect, Seun Omolade that he was tortured by officers of the Special Anti-Robbery Squad (SARS) and forced to make a confessional statement.

    The suspect said he made the statement under duress.

    The suspect and co-defendant,  Gbenga Kayode are standing trial before Justice Oluwatoyin Ipaye for alleged criminal conspiracy to commit robbery.

    At the resumed hearing of the matter, Omolade told the court that he was forced to make the statement after he was allegedly beaten in a “theater” at SARS’ office in Lagos.

    In his testimony, a police officer attached to SARS, Mr Garuba Usman said the two accused persons were referred to his team on November 10, 2011 for further investigation after they were arrested in Ikorodu area of Lagos State.

    According to him, a Suzuki motorcycle, a locally-made cut-to-size single barrel gun, one live cartridge and one expended cartridge were allegedly recovered from the defendants.

    Usman admitted writing the statements for the defendants based on their confessions.

    He explained that he had to do it because  they could not write.

    “I recorded their statement. They said it verbally and I put it in writing. They went through it themselves and signed it. Both of them made a confessional statement to the allegation of conspiracy and robbery,” he  said.

    Counsel to the defendants, Mr Olanrewaju Ajanaku, however, objected to the tendering and admittance of the confessional statement, which he said was  not made voluntarily.

    The judge then directed that a trial-within-trial be conducted to determine the validity of the statement.

    In his narration, Omolade claimed that when he got to SARS office after his arrest, he was taken to the back of the main building to a place called theatre.

    “When I entered the theatre I saw blood on the ground. It was Mr Usman who took me to the theatre.

    “He asked me to look to my left and I saw things that look like a man and a woman. The ‘woman’ had blood on her mouth. He said I should go and kiss the woman with blood on her mouth.

    “Then he said I should move to the other side and stand in the blood. He took a big iron and wood and began to hit me and said I should say something. One man came in and said they should hang me,” he said.

    The defendant said that as a result of the ordeal he went through,  he became so weak that other suspects had to be called in from another cell to carry him out.

    When he was shown the confessional statement to confirm if it was his signature that was on it, the defendant said he signed it, but that he did not sign it on the day Usman claimed.

    “I did not sign the statement on November 10, 2011 as Usman said. I was given a paper to sign on December 20, 2011 before I was taken to court,” he insisted.

    Ruling on the trial-within-trial, Justice Ipaye admitted the confessional statement in evidence and said the court would weigh its content before reaching a decision.

    “The statement will be based on weight of evidence to be attached,” she said.

    She adjourned further hearing till April 8, 2014.