The Nation Newspaper

Tag: Court

  • Court remands ex-pension director in prison indefinitely over petition

    For accusing the trial judge in his case of bias, a former Director, Pension Accounts, in the Office of the Head of Civil Service of the Federation, Shaibu Teidi is to remain in Kuje prison, Abuja indefinitely.

    Teidi is being prosecuted by the Economic and Financial Crimes Commission (EFCC) for allegedly defrauding the Head of Service pension accounts to the tune of N18.3million.

    He was arraigned alongside Udusegbe Eric Omoefe and their companies on a 22-count charge bordering on obtaining money by false pretence, conspiracy to commit fraud and concealing the illicit origin of stolen pension funds.

    The court was to rule on their bail applications yesterday when Justice Adeniyi Ademola drew parties’ attention to a petition written by Teidi, accusing the judge of being bias in the way he was handling his case. The petition was addressed to the Chief Jugde of the Federal High Court, Justice Ibrahim Auta.

    When the judge confronted Teidi with the petition, he looked blank. His lawyer, Sunday Ameh (SAN) denied knowledge of the petition written by his client.

    Justice Ademola consequently deferred ruling on the bail applications until the issues raised in Teidi’s petition were fully resolved.

    “By law, when there is allegation of bias against a judicial officer, a matter can’t proceed, all proceedings has to be suspended until the allegations are cleared”, the judge held.

    He adjourned the case sine die, (indefinitely). The judge ordered that the accused be remanded in Kuje prison until the issues around Teidi’s petition were cleared.

    Also, Aliyu Bello, a former special assistant to the Director of Administration (Pension Accounts) in the Office of the Head of Civil Service of the Federation and Abdullahi Omeiza, a Sokoto school teacher, standing trial for criminal conversion and obtaining over N1billion under false pretences in another pension fraud case have been admitted to bail.

    The accused were granted bail at N366, 000,000 each and a surety in the same amount.

    The case has been adjourned to October 14, for commencement of trial.

     

     

     

  • Court to hear joiner application in Rivers PDP dispute Sept 30

    A Federal High Court in Port Harcourt, the Rivers State capital, will on September 30 hear the application by the third claimant to the state Peoples Democratic Party (PDP) chairmanship seat, Merinoe Okiriaja, who is asking the Chairman, Felix Obua and two others to join in the suit.

    An Abuja court in April sacked the former chairman, G.U. Ake, and pronounced Obua the winner of the October 2011 party delegates’ congress.

    Ake headed for the Appeal Court, alleging that Obua was not a candidate in the October congress. The matter is still in court.

    Last month, Okiriaja filed a suit before Justice Suleiman Aliyu, claiming to be the authentic chairman and not Obua or Ake.

    He alleged being unlawfully excluded from the chairmanship election last October, despite fulfilling the required conditions within the stipulated time.

    He is asking the court to either declare him the rightful chairman of the party or quash the election Obua and Ake are hinging their victory on, and order a rerun.

    The matter, however, could not go on yesterday, following the absence of the PDP’s lawyer, Donald C. Denwigwe. It was adjourned till September 30.

     

  • Guards foil convicts’ escape from court

    Court proceedings were yesterday disrupted as two convicted robbers made a daring escape bid after being pronounced guilty of a two-count charge of conspiracy and robbery.

    The trial judge, court officials and lawyers scampered for safety as sporadic gunfire from prison guards boomed.

    The judge gave a death verdict on the convicts.

    The convicts were re-arrested after one of them (Elvis Agbofodo) aka Fete was shot in the leg by a prison guard who pursued him to a church about 100 metres from the court; the other robber who ran towards a different direction was apprehended by bystanders.

    Armed prison officials who later showed up in large numbers after receiving distress call rushed Agbofodo to an undisclosed hospital within the state capital for medical treatment.

    Agbofodo and Frank Okedema both from Ekpan community of Uvwie Local Government Area were reported to have robbed residents of Ekpan, including Mrs. Omatseye Mercy, of valuables and various sums of money on the July 8, 2010, after a clash with a rival group over N40million royalty paid by an multinational oil company operating in the area.

    They were also accused of rape and illegal stockpiling of weapons.

    In a related development, another attempted escape bid by two inmates awaiting trial from another court within Asaba was reported indicating that their bid to escape may be premeditated.

    Nine gunmen attacked a van conveying robbery suspects to court, killing two prison warders and a civilian.

    A robbery kingpin was freed during the audacious attack.

    Two prison warders were wounded in the attack and were hospitalised at the Warri General Hospital.

    The jail break led to the death of two prison warders and several prisoners regained their freedom.

     

  • Court urged to grant accelerated hearing

    The Court of Appeal sitting in Lagos has been called upon to give accelerated hearing in the suit between the family of Ahmed Martins and Bristol Hotel Limited over a disputed property on Martin Street, Lagos.

    Counsel to the Martins family, Mr. Bayo Bello in a formal petition, explained that the matter which has been at the Appeal Court was being prejudiced.

    He said: “The subject matter of the said appeal which is the property comprising the defunct Briton Hotel has been forcefully entered into by some people acting for the management of Wemabod Estate Limited.”

    He expressed the belief that if the process was not prevented, the property which is under litigation will be demolished and reconstructed.

    “We hereby pray your lordship to grant an accelerated hearing of the said suit so thatthe right of the claimants is not seriously and negatively affected by the action of one of the defendants,” Bello said.

     

  • Three Lebanese in court for alleged terrorism

    Three Lebanese in court for alleged terrorism

    The three Lebanese being held for alleged terrorism were arraigned yesterday on a six-count charge before the Federal High Court, Abuja.

    Mustapha Fawaz (49), Abdullahi Thahini (48) and Tahal Roda (51) were arraigned with two of their companies – Amigo Supermarket Limited and Wonderland Amusement Park Resort – before Justice Adeniyi Ademola.

    The three men were in counts one and two charged with belonging to Hezbollah military wing and knowingly agreed to receive training in preparation to engage in the commission of a terrorist act.

    In count three, Fawaz and Fuazi Fawaz (now at large), owners of Amigo Supermarket, Abuja, were alleged to have “knowingly permitted a meeting connected with an act of terrorism” to be held on the premises of the supermarket.

    In count four, Thahini, accused of “being the coordinator of Hezbollah in Nigeria”, was charged with involving himself “in an arrangement to facilitate the acquisition of terrorist funds by removal out of jurisdiction, the sum of $61,000”.

    Fawaz, Thahini, Roda and Fauzi (now at large) were, in count five, accused of withholding from law enforcement agents information that would have assisted in the arrest of another suspect.

    The three, their two companies and the fleeing Fawaz were, in count six, accused of “directly rendering support to a terrorist group” by allegedly providing their premises in Abuja and Kano for terrorist activities.

    Their alleged offences are said to be punishable under Sections 5(1), 7(c), 8(1), 12(a), 13(2) and 16(1) of the Terrorism (Prevention) Amendment Act 2013.

    The accused persons pleaded not guilty to the charge.

    Their lawyer, Ahmed Raji (SAN), told the court that he had filed two applications for his clients. They include a motion for bail, pending trial and another challenging the competence of the charge.

    The lead prosecution lawyer, Simon Egede (the Acting Director of Public Prosecution of the Federation) prayed the court for time to enable the state respond to the applications served on him yesterday.

    Upon the request by both parties, particularly Raji, who urged the court not to remand his clients in prison but to return them to the custody of the State Security Service (SSS), Justice Ademola ordered the accused remanded in SSS custody.

    The judge also directed parties to file and serve all processes before the next date. He adjourned the matter till July 8.

    The Federal Government has freed the fourth of the Lebanese held over the Kano arms discovery.

  • N25.7b ‘theft’: Atuche, others urge court to quash charges

    N25.7b ‘theft’: Atuche, others urge court to quash charges

    The former Managing Director of Bank PHB (now Keystone) Mr. Francis Atuche and two others yesterday urged a Lagos High Court, Ikeja to quash the 27-count charge filed against them by the Economic and Financial Crimes Commission (EFCC).

    The other defendants are Atuche’s wife, Elizabeth and the former Chief Financial Officer of the bank, Ugo Anyanwu.

    The request was contained in a no case submission filed through their counsel, Chief Anthony Idigbe (SAN) and brought pursuant to sections 35(3), 36(5) of the Constitution and Section 239 of the Administration of Criminal Laws of Lagos State.

    Atuche, his wife Elizabeth and Mr. Anyanwu were arraigned before Justice Lateefat Okunnu on allegations of stealing N25.7 billion belonging to the bank.

    The defendants urged the court to strike/dismiss or acquit them of the charges.

    In the motion supported by a five-paragraph affidavit and a written address filed by their counsel, Chief Idigbe, the court was urged to dismiss the charges against the first and second defendants for being “duplicitous.”

    “Counts one to 10 as listed and counts 11 to 27 are similar charges that are duplicated, which means that one cannot commit the two sets of count the same time,” he said.

    Idigbe argued that the evidence provided by the prosecution did not warrant putting the defendants in the witness box because they were circumstantial and contradictory.

    He also told the court that the evidence by the witnesses were unreliable, adding that there were noticeable contradictions of facts as it concerns issues of the actual money allegedly stolen and the acceptable banking procedures.

    Chief Idigbe cited several authorities to buttress his submission on why Atuche and his wife should have the charges brought against them discharged.

    He submitted that the over-generalisation of the facts by the prosecution, which is sacred and the absence of vital witnesses, such as Peter Ololo, was a serious lacuna in the prosecution’s case.

    Idigbe said there was no evidence linking Atuche’s wife, Elizabeth, directly to the charges against them.

    According to him, the only evidence before the court was that she was a director and a shareholder of the companies alleged to have benefited from the loan transaction.

    “The only offence against the second defendant was that she was a housewife to the first defendant, who was the managing director of the bank and a director of the companies,” Chief Idigbe said.

    In a similar vein, counsel to the third defendant (Anyanwu), Mr. Sylva Ogwuemor, urged the court to be bold in doing justice by discharging the charges against his client as there was no evidence sufficient enough to warrant his trial.

    He described the evidence by the prosecuting witnesses as speculative and that they did not show that his client was a beneficiary of the money allegedly stolen from the bank.

    According to him, the only link to his client was signing a letter and sending an e-mail, which he described as a legitimate duty associated with his position as the chief financial officer of the bank.

    Ogwuemor said the prosecution had failed to lay before the court impeachable evidence against his client as the statement of his client was inadmissible in law with regard to the administration of criminal justice laws for failing to video his confession or take his statement in front of a legal officer.

    But counsel to the EFCC, Mr. Kemi Pinheiro (SAN), opposed the defence and urged the court to discountenance their submissions.

    Pinheiro claimed to have provided enough potent, cogent and forensic evidence of the action of the defendants on the charges of which they are accomplices.

    Mr. Pinheiro argued that it was a misconception of the law for the defence to state that the charges were duplicitous since the doctrine of double jeopardy had no place with respect to counts or offences.

    Justice Okunnu adjourned the matter till July 1 for ruling on the no-case submission applications of the defendants.

  • Court issues bench warrant for arrest of two oil marketers

    Court issues bench warrant for arrest of two oil marketers

    Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja, yesterday issued a bench warrant on two oil marketers: Oluwaseun Ogunbambo and Habila Theck.

    The duo had failed to attend their trial without giving the court cogent reasons.

    The judge also revoked the bail granted Ogunbambo, (the first defendant) for the same offence.

    The oil marketers and their company, Fargo Energy Limited, were being prosecuted by the Economic and Financial Crimes Commission (EFCC) for a N979.6 million fuel subsidy fraud allegation.

    They were arraigned on a six-count charge of conspiracy, obtaining money by false pretences, forgery and use of forged documents.

    At the last adjourned date, hearing in the matter could not proceed because of the absence of their counsel, former Nigeria Bar Association (NBA), Olisa Agbakoba and Adebayo Adenipekun, both Senior Advocates of Nigeria (SANs).

    The lawyers’ absence also stalled the hearing of an application filed by Agbakoba, seeking to quash the charges against the defendants.

    The former NBA president had raised three major constitutional and jurisdictional issues against the EFCC, one of which touches on what lawyers call “Miranda rights”. These are the secured rights of persons arrested or detained, to have legal representation immediately on arrest and before making any statement.

    At the resumed hearing yesterday, the defence told the court that the first defendant had called on Monday to say he was not feeling well.

    But the counsel could not provide detailed explanation of the first and second defendants’ absence in court.

    Justice Onigbanjo adjourned further hearing on the matter till September 16.

  • Kano arms discovery: Court reserves judgment

    Justice Adeniyi Ademola of the Federal High Court, Abuja, has reserved judgment in the suit filed by the three Lebanese being held over their alleged involvement in terrorism activities in the country.

    Abdullahi Thaini, Mustapha Fawaz and Tahal Roda are being held by the State Security Service (SSS) over the recent discovery of a cache of firearms and ammunition in a house at Kano.

    They had filed a fundamental rights’ enforcement application challenging their arrest and continued detention.

    The suit has the SSS, the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF) as defendants.

    The suspects faulted the closure of their business premises by security agents.

    They are also demanding a public apology from the defendants, which they want published in three national newspapers and N50 billion compensation.

    The lawyer to the suspects, Robert Clarke (SAN), yesterday replied to the argument by state’s attorney, Clifford Osagie. Clarke averred that the SSS observed due process in the suspects’ arrest and continued detention.

    He faulted Osagie’s argument on the grounds that the warrants for detention, on which basis his clients were being detained, were allegedly obtained from incompetent courts.

    The lawyer also said the Magistrate’s courts, from which the warrants were obtained, have no jurisdiction on terrorism, for which his clients were arrested.

    Clarke averred that by taking his client before Magistrate’s courts, in Kano and Abuja, they were held on holding charges, which are illegal in the country.

     

  • Court insists on hearing suit challenging NGF’s legitimacy

    Court insists on hearing suit challenging NGF’s legitimacy

    The Nigerian Governors’ Forum (NGF) yesterday lost its bid to stall hearing in a suit challenging its legitimacy and seeking its de-registration.

    Justice Adeniyi Ademola of the Federal High Court, Abuja, refused to entertain an application for a stay of proceedings filed by the NGF.

    The judge overruled the argument by NGF’s lawyer, Okunade Olorundare (SAN), that the court should either hear his preliminary objection first or entertain his application for a stay of proceedings, pending an appeal.

    The court, on April 29, adjourned till yesterday for hearing of all pending applications, particularly the preliminary objection and originating summons.

    The parties were expected to argue both applications yesterday, but Olorundare and Nasiru Tijani, representing the Corporate Affairs Commission (CAC), objected. They insisted that the court must first hear their objections.

    Olorundare, who first said he held the brief of Lateef Fagbemi (SAN), later told the court that he had filed an application before the court seeking a stay of its proceedings, pending the determination an appeal he filed.

    He said his appeal was against the court’s decision on April 29 to hear the substantive suit together with the defendants’ preliminary objection.

    The plaintiff’s lawyer, Tubotamuno Dick, described Olorundare’s argument as part of the defendants’ antics to frustrate the prompt hearing of the case.

    He averred that the court’s decision to hear both substantive suit with the objection was in line with the provision of Order 29 of the court’s Civil Procedure Rules.

    Dick urged the court to discountenance the defendants’ argument and hear the case the way it was planned.

    Justice Ademola held that his decision to hear the applications together was informed by the provision of Order 29 of the Federal High Court Civil Procedure Rules.

    The judge held that Olorundare’s argument, supported by Tijani, was a ploy to stall the court’s business for the day.

    Justice Ademola overruled Olorundare’s argument for being misconceived. He adjourned to July 4 for hearing of the defendants’ objection with plaintiff’s originating summons.

    The suit, which was filed by Tijani Ali Danjuma, the Northern Coordinator, Network for Defence of Democracy and Good Governance (NDDGG), has NGF and the CAC as defendants.

    It seeks, among others, an order de-registering the NGF on the grounds that it was “erroneously registered by the CAC”.

    The plaintiff, who argued that the NGF was an illegal body, posed four questions for the court’s determination. He is seeking three declarative reliefs and an order.

     

  • NULGE: Court adjourns suit till Sept 18

    The National Industrial Court, Lagos Division has adjourned till September 18 a suit by Comrade Adewale Yussuf against of the Nigeria Union of Local Government Employees (NULGE).

    The plaintiff sued NULGE, its National President Alhaji Ibrahim Khaleel, National Secretary Comrade Joshua Irapakob, Lagos State President Comrade Lasisi Akinsanya and State Secretary Comrade Muyiwa Cole.

    The second claimant, Comrade Adenike Akitoye, withdrew from the case “for personal reasons”. The court consequently struck out her name.

    Yussuf is urging the court to hold that the state delegates’ conference/election of the NULGE Lagos State chapter must not be held except by prior compliance with the provisions of the association’s 2005 constitution.

    He asked the court to declare that Irapakob cannot organise any state delegates conference/election except by observing all the constitutional pre-conditions.

    The claimant urged the court to hold that the present executive’s tenure ended on October 11, last year, and that no member of the state executive is entitled to remain in office a day longer.

    He is also seeking an order of perpetual injunction restraining the defendants from conducting or holding any state delegates conference/election in the Lagos State NULGE except after full and strict compliance with the conditions specified in the association’s Constitution.

    Yussuf is praying the court to nullify the state delegate conference/election held in Lagos on October 11 last year at the Conference Hall of the Administrative Staff College of Nigeria (ASCON), Topo, Badagry for not complying with the Constitution.

    He sought the court’s order directing NULGE to organise a new state delegate’s conference/election for Lagos in compliance with the association’s laws.

    At the last hearing, the claimant, through his lawyer, Miss N. O. Musa, sought the court’s order for leave to amend their General Form of Complaints, State of Fact, Written Statement on Oath and additional documents to be relied on at the trial.

    In an affidavit in support of the motion, the claimant said since the filing of the suit, new facts have emerged which makes the amendments compulsory so as to help the court determine the case.

    “The state delegates’ conference/election fixed for 11th of October, 2012, which the claimants/applicants want this court to stop has since been held and concluded.

    “Series of events have also taken place since the filing of this case which must be brought to the attention of the honourable court,” the claimant said.

    Defence counsel John Nwankwo said the defendants were unable to respond to the suit after the second claimant informed them she was withdrawing from the suit for personal reasons.