The Nation Newspaper

Tag: Court

  • Court extends forfeiture order on Sylva’s property

    The Economic and Financial Crimes Commission (EFCC) yesterday said a Federal High Court, Abuja, has granted its application to extend the forfeiture order on the ‘48 mansions’ traced to former Bayelsa State Governor Timipre Sylva.

    It claimed that the initial order, which was granted on December 21, was to last for 14 days.

    Besides, the EFCC urged the Federal High Court to reject Sylva’s application seeking a dismissal of a six-count charge against him by the anti-graft agency.

    A statement by EFCC’s Head of Media and Publicity Wilson Uwujaren said the extension of the forfeiture order was necessary to protect the assets.

    The statement said: “Justice A.R. Muhammed of the Federal High Court, Abuja yesterday granted EFCC’s application for an extension of the interim order of attachment granted it to take possession of 48 property of Timipre Sylva.

    “The initial order granted on December 21 was for 14 days. However, before the expiration of the order, EFCC, through its lawyer, Festus Keyamo, applied for an extension.

    “Keyamo told the court that the extension was imperative for the determination of all applications and the safety of the attached property.

    “However, the respondent’s counsel, Benson Ibezim, urged the court to vacate the order because it was an ex-parte order and that his client is challenging the competence of the court to entertain the case.

    “Justice Muhammed averred that aside the fact that the applicant (EFCC) had applied for the extension of the order before the expiration of the subsisting one, he was granting the extension because the order was the crux of the matter.”

    The statement quoted Justice Muhammed as saying: “If I do not do so, the question would be why and what are we coming here to deliberate on next time.

    “The order of December 21 is the main crux of this matter, the court must order for its existence to enable the respondent to be heard.”

    He thereafter adjourned the case till January 24.

    “In a related development, the EFCC has urged a Federal High Court sitting in Abuja and presided over by Justice Adamu Bello to strike out the application brought by Sylva seeking to dismiss the six-count charge preferred against him.

    “The matter borders on misappropriation of public funds to the tune of N6billion during his tenure.

    “Sylva, in the application filed on June 27, last year, contends that the proof of evidence does not support the charge against him.

    “At the resumed hearing yesterday, Keyamo posed two questions for determination by the court.

    The statement quoted Keyamo’s submission as follows: “This whole object falls on one major question which is whether looking at the prosecution’s proof of evidence attached to the charge it is precluded from giving any further evidence during trial.

    “If the answer is ‘no’, by the provision of Section 33 of the Federal High Court Act, then we are allowed not to exhaust it.

    “If the court rules against us now, it means the court has come to a conclusion that whatever we have attached to the charge is all that we intend to give in the trial and there is no such indication anywhere.”

    “Earlier, the defence counsel, led by Lateef Fagbemi (SAN), said the application was brought because the accused believed there is a defect in the proof of evidence.

    “He said it was lame reasoning to say that further documents or statements would come later as the prosecution was expected to bring all the proofs that should reasonably establish a prima facie case against the accused.

    “The case has been adjourned till February 20.”

     

  • Court orders Mubarak’s retrial

    Court orders Mubarak’s retrial

    A court in Egypt has ordered a retrial for ex-President Hosni Mubarak after accepting an appeal against his life sentence over the deaths of protesters.

    Mubarak, 84, was overthrown in 2011 after mass street protests in the capital Cairo and other cities, and jailed in June last year.

    The BBC says his former Interior Minister, Habib al-Adly, was also granted a retrial.

    The two men are likely to remain in custody, however, because of separate cases against them.

    Mubarak ruled Egypt for almost 30 years, surviving six assassination attempts, before the 2011 revolt.

    Mohammed Morsi of the Muslim Brotherhood was elected president in June last year.

    Judge Ahmed Ali Abdel Rahman announced: “The court has ruled to accept the appeal filed by the defendants… and orders a retrial.”

    The ruling was met with cries of “Long live justice!” by Mubarak supporters who held up his picture and hugged each other in the courtroom while dozens more outside shouted “We love you, president!”, AFP news agency reports.

    Since Mubarak was jailed, there have been frequent reports about his ill-health.

     

  • Court sacks Oyinlola as PDP’s National Secretary

    Court sacks Oyinlola as PDP’s National Secretary

    A Federal High Court on Friday sacked former Osun State Governor, Olagunsoye Oyinlola, from office as the National Secretary of the Peoples Democratic Party.

    Delivering judgment in a suit filed by the Ogun State Executive Committee (SEC) of the PDP, Justice Abdul Kafarati, voided the nomination of Oyinlola as the candidate of the South West Zonal Chapter of the PDP and his consequent election as National Secretary at the party’s National Convention in March last year.

    Relying on the order and two separate judgments of the Federal High Court, Lagos, which nullified the South West zonal congress that produced Oyinlola as candidate, Justice Kafarati held that his nomination and subsequent election were invalid, null and void.

    The judge arrived at the decision after assuming jurisdiction and dismissing the preliminary objection of Oyinlola and the PDP.

    The court held that the suit was not an intra-party affair of the party as claimed by (Oyinlola and PDP) but a cause of action seeking the interpretation of the two separate judgments of the Federal High Court, Lagos, that nullified the zonal congress.

    According to the judge, the suit did not constitute an abuse of court process, therefore it is “justiceable”, adding “the action discloses reasonable cause of action.”

    “On the whole, the two preliminary objections are dismissed. All the three questions are answered in affirmative and the reliefs sought granted.”

    Oyinlola said the judgment was a misapplication of principle of justice.

    The state’s PDP Chairman, Adebayo Dayo, hailed the judge for the courageous judgment.

    He expressed hope that the party’s national leaders would obey the court’s ruling.

     

  • Bombings: Court admits Honda Civic Car as evidence

    Bombings: Court admits Honda Civic Car as evidence

    The Federal High Court in Abuja on Wednesday admitted in evidence the Honda Civic car the suspected Madalla and Suleja bombers allegedly used in transporting 200 explosives.

    Before admitting the car, in evidence, Justice Bilkisu Aliyu accompanied by the clerk of the court and counsel to the parties, inspected it.

    The News Agency of Nigeria reports that the car bears a Borno plate No. AG 94 MNG.

    Salisu Ahmed, Umar Babagana-Umar, Mohammed Ali and Musa Adam, all suspected members of Boko Haram, were arrested on July 28, 2011 at Gumel Junction, Kachia in Kaduna State, in the car that contained the explosives.

    Others are Umar Ibrahim and Shuaibu Abubakar, who are standing trial for the alleged multiple bombings and killings in Suleja and Madalla, both in Niger State.

    Testifying, Mr. Olawoye Obafemi, an exhibit keeper with the State Security Service, said: “my organisation directed that I take custody of the car and explosives’’.

    Obafemi explained that four of the accused were caught in the car with the 200 explosives in Kachia, Kaduna State.

    NAN reports that at the last sitting on December 20 last year, the court admitted in evidence, the 200 explosives allegedly seized from the suspects.

    NAN also reports that with the appearance of Obafemi, the prosecution has concluded its evidence against the accused.

     

  • Court frees detained ACN members

    A  Chief Magistrate’s Court, sitting in Oke-Eda, Akure, Ondo State, yesterday freed five members of the Action Congress of Nigeria (ACN), who were arrested after the party’s mega rally in Ondo town on October 3, last year.

    Jimoh Adebiyi, Ojo Gbenga, Joseph Ogah, Samson Otugbo and Oyewole Gabriel were accused of “conspiracy and conduct likely to breach the peace”.

    They were detained at Olokuta Prison until October 29, when they were transferred to the Police Headquarters, Akure, and arraigned.

    The accused told the court that they were arrested for wearing the ACN’s vest, which had the inscription: ‘Akeredolu for Governor’.

    The Attorney-General, Eyitayo Jegede (SAN), who took over the prosecution of the case, said the accused had a case to answer and should not be granted bail.

    Eyitayo sent three lawyers from his office and the Director of Public Prosecution (DPP’s) to handle the matter.

    Yesterday, the Magistrate, A. Akintoye, freed the accused, following the prosecutors’ absence at the second adjournment. Defence counsel Charles Titiloye told reporters that the judgment was a vindication of the rule of law.

    He warned the state government against dragging the Judiciary into politics and witch-hunting the opposition.

  • Kwara ACN hails Supreme Court ruling on council chair

    •Flays attack on CPC office

    The Kwara State Action Congress of Nigeria (ACN) yesterday said Monday’s ruling by the Supreme Court, which affirmed the reinstatement of the sacked Ekiti Local Government Chairman Dele Abiodun, is a rebuke of “the illegalities, corruption and impunity of the Bukola Saraki years”.

    The apex court, on Monday in Abuja, threw out the appeal filed by the Kwara State Government and upheld the decision of the Appeal Court, which held that Abiodun was illegally sacked and should be paid his entitlements till the day his tenure expired.

    In a statement in Ilorin, the state capital, by ACN Chairman Kayode Olawepo, the party said: “On Monday, January 7, the Supreme Court, in a unanimous judgment, handed down a sharp rebuke to the illegalities, corruption and impunity of the Bukola Saraki years in Kwara State by upholding the Appeal Court ruling, which reinstated the sacked chairman of Ekiti Local Government, Dele Abiodun.

    “We recall that Abiodun, a staunch advocate of local government autonomy, was summarily dismissed without any form of fair hearing by the Saraki administration for no other sins than his challenge of the illegal deduction of funds accruing to his council from the Federation Account. Abiodun heard of his dismissal on Radio Kwara without receiving a prior letter. His councillors were later coerced to do a kangaroo impeachment and Abiodun was, in what was akin to the Joshua Dariye saga, sent away from the seat, for which the people of the council had elected him.

    “But, as the lower courts had affirmed, the Supreme Court said an emphatic no to the rule of thumb that was the hallmark of the Saraki administration. This ruling is indeed a confirmation of our consistent stand that the regime was as lawless as it was corrupt – contrary to the fake appellation of ‘transparent leader and democrat’ being accorded the former governor by the hungry crowd in the state Peoples Democratic Party (PDP).

    “We salute Abiodun for his courage, belief in the rule of law and dogged fight for justice and fairness in the face of intimidation and political victimisation.

    “Although Abiodun’s term has lapsed, the ruling is a victory for the rule of law and fairness and a rebuke to the impunity that was the norm in that era. We hope that Kwara State will, without further delay, pay all the entitlements and the arrears due to Abiodun as an elected chairman.”

    The party also condemned the attack on the Congress for Proghressive Change (CPC) office in Ilorin.

    It described the attack as a threat to democratic freedom and public peace.

    ACN added: “We also condemn the attack on the CPC secretariat in Ilorin allegedly by some PDP thugs. We join the CPC to call on the law enforcement agencies to bring the culprits to book in the interest of communal peace. No political party should be allowed to constitute a threat to the existence of others or individuals for holding divergent views.

    “We note with dismay that the attack on the CPC office came days after the party issued a scathing criticism of the PDP for resorting to name-calling because Kwara ACN leader, Mohammed Dele Belgore (SAN), pointed out a serious anomaly in the state’s 2013 budget, in which the recurrent expenditure far exceeds capital expenditure.”

     

  • Court jails two ‘clerics’ 10 years each for fraud

    Wo men, Glory Abrefera and Vincent Okpogo were yesterday sentenced to 10 years’ imprisonment each by a Federal High Court in Asaba, Delta State.

    Justice Ibrahim Buba found the two and their company, Mustard Seed Micro Investment Limited guilty on a four-count charge of carrying out banking practice without licence.

    Abrefera (said to be a Pastor) and Okpogo (who claimed to be a Reverend) were accused, in the charge brought againt them by the Economic and Financial Crimes Commission (EFCC), of collecting over N1 billion from individuals and organisations as deposits in an illegal banking practice. They were said to have been unable to account for the deposits they collected.

    The convicts were said to have between 2006 and 2007 in Warri, Delta State engaged in banking practice without the banking licence and thereby committed an offence contrary to Section 2(2) of the Banks and Other Financial Institutions Act, Cap B3, Vol 2, Laws of the Federation of Nigeria 2004.

    Mustard Seed Micro Investment Limited was convicted on two counts and fined N2 million on each counts.

    EFCC”s spokesman Wilson Uwujaren said “Pastor Abrefera and Reverend Okpogo, both directors of Mustard Seed Micro Investment limited, were also convicted on two counts and sentenced to 10 years imprisonment each.

    “They were equally fined N2 million on each of the counts. The terms are to run concurrently.

    “The so-called men of God were arrested, following a petition filed by some of the depositors to the EFCC, detailing the dubious activities of the accused persons.

    “The EFCC subsequently intervened, investigated the activities of the voodoo bank and arraigned the suspects in 2011.”

    Part of the charge on which they were convicted reads: “That Pastor Glory Okeoghene Abrefera, Reverend Vincent Okpogo and Mrs Nonye Abrefera (still at large) while being directors of Mustard Seed Micro Investment Limited sometime between 2006 and 2007 in Warri, Delta State within the jurisdiction of the Federal High Court knowingly consented to the carrying on of banking business without a valid licence by the company thereby committed an offence contrary to Section (2) and 49(1)of the Banks and other Financial Institutions Act Cap B(3), Vol 2, laws of the Federation of Nigeria 2004”.

     

  • Subsidy fraud: Oil marketers seek out of court settlement

    Subsidy fraud: Oil marketers seek out of court settlement

    Two oil marketers, Aro Bamidele and Abiodun Bankole, on Friday said they were in talks with the Economic and Financial Crimes Commission, regarding the N1.3 billion fuel subsidy charge preferred against them.

    They made this known through their counsel, Chief Anthony Idigbe (SAN), at the resumption of their trial before Justice Lateefat Okunnu of the Lagos High Court, Ikeja.

    The News Agency of Nigeria reports that the oil marketers were arraigned alongside their company — A.B.S Investment Company Limited on October 5.

    The defendants are facing 18- count charge bordering on conspiracy, obtaining money by false pretence, forgery, uttering among others.

    The EFCC had alleged that the defendants had fraudulently obtained N1.3 billion from the Federal Government for the purported importation of 30 million litres of Premium Motor Spirit (PMS).

    They had pleaded not guilty to the charge and were granted a N100 million bail each, with three sureties in like sum.

    However, during Friday’s proceedings, Idigbe told the court that the defence, having studied the charge, was discussing with the EFCC.

    He asked the court to give the defendants time to conclude their talks with the EFCC in order to resolve issues contained in the charge.

    EFCC counsel, Mrs. Taiwo Ogunleye, confirmed the development and did not oppose the adjournment made by the defence.

     

  • Subsidy scam: Court grants Peters N85m bail

    A Lagos High Court on Wednesday granted bail in the sum of N85 million to the Managing Director of Nadabo Energy Limited., Abubakar Peters, charged with N1.5 billion oil subsidy fraud.

    The court held that the evidence before it showed that Peters reported himself to the court when he learnt that he had a case before it.

    “Bail is hereby granted to the defendant in the sum of N85 million and two sureties. The sureties must be resident in Lagos and possess three years’ tax clearance.

    “The defendant must submit his international passport to the assistant court registrar, while he also reports to the Economic and Financial Crimes Commission (EFCC) every month,’’ Justice Christopher Balogun said.

    Balogun remanded the accused at the Ikoyi Prisons pending the perfection of his bail.

    The judge remanded him in Prison following a prayer by EFCC counsel, Mr. Mohammed Bahawa, who said the EFCC custody was congested.

    The News Agency of Nigeria reports that the EFCC arraigned Peters on December 10 on a two-count charge of fraudulently obtaining N1.5 billion from the Federal Government through the Petroleum Support Fund.

    Peters is standing trial along with his company. They are accused of committing the fraud between February and April in contravention of Sections 1 (2) and (3) of the Advanced Fee Fraud and Other Fraud-Related Offences Act, 2006.

     

  • ‘INEC awaits court judgments on parties’ de-registration’

    ‘INEC awaits court judgments on parties’ de-registration’

    Chairman, the Independent National Electoral Commission, Prof. Attahiru Jega, said on Tuesday that the commission would await whatever decisions and judgments to be made by the court on the 28 political parties de-registered recently.

    Jega told journalists in Abuja that some of the affected parties were not happy and were seeking legal redress.

    He said, “we have taken a decision to de-register 28 political parties and as far as we are concerned we have acted legally.

    “Of course, many political parties de-registered are not happy about the decision; we understand that some of them have gone to court or have said they are going to go to court.

    “But we await whatever decisions or judgments are to be made by the courts.”

    Jega cited the Electoral Act 2010 (as amended) stating that “any political party which contests elections and does not win any electoral seat shall be de-registered.

    “Our constitution allows for a multi-party system, but we have the power to de-register parties and we have started.

    “It is a continuous process and we will continue to de-register parties that do not meet requirements for registration, therefore de-registration of the 28 political parties stands.

    “As political parties meet the requirements of registration we register them and as they are in the breach of requirements and the breaches are such that they deserve de-registration, we will de-register them,” the

    The News Agency of Nigeria recalls that in April, INEC de-registered seven political parties, and on Thursday, December 6, the commission further de-registered 28 political parties.