Tag: Court

A couple took turns before a Federal High Court in Abuja on Wednesday to recall how the St. Francs Xavier Catholic Church, Owo, Ondo State was attacked on June 5, 2022 and gave details of what transpired.

The couple spoke while testifying in the ongoing trial of five men accused of being behind the attack.

The Department of State Services (DSS) is prosecuting Idris Abdulmalik Omeiza (25 years), Al Qasim Idris 20 years), Jamiu Abdulmalik (26 years), Abdulhaleem Idris (25 years) and Momoh Otuho Abubakar (47 years) over the attack.

The husband, who was identified as “‘SSE,” said after the incident, he was forced to wade through corpses of young people in the church hall while trying to locate his son, who was missing.

The wife, who was identified as “SSD” gave details of how a dynamite thrown into the church hall shattered her legs and destroyed her left eye.

Led in evidence by prosecuting lawyer, Ayodeji Adedipe (SAN), SSE, who testified as the fifth prosecution witness (PW5) said he was in the church on that day with his mother, his wife and three children (two girls and a boy).

The witness said: “The congregation gathered in the church, in which I and my family were not left out. After the mass, the priest now gave the final blessing for everyone to go. It was then that we heard the first gun shot outside the church.

“So, we thought it was banger that people throw to commemorate the event of Pentecost. But later, the sound continued, approaching fast, to the church. Then the MOD (Men of Discipline), who happened to be one of the church’s wardens, shouted that everyone should lie down. 

“He (MOD) ran to the entrance door amd closed the door. By then, the gunmen were already around the church’s premises, but could not enter through the entrance door.

“They were then shooting through the windows and those that wanted to escape, they shot them outside. When the MOD discovered that he could no longer withstand it, he left the entrance door and the assailants gain entrance into the church.

“They were first shooting those that wanted to run out of the church. But, noticing that those who wanted to move out of the small door at the same time were many, an explosive device was thrown to the place where people gathered behind the exit door, where I laid down.

“And, the device started exploding sporadically, one after the other. The whole church was full of dust and smoke. For long, no human being talked. When the device ceased, we thought they have gone. 

“A woman stood up to see, and she was shot. And then, I buried myself back under the church pew.

“After a while, without anyone moving, I tried to raise up my head a bit. I saw one of the assailants hanging his gun on his shoulder, jogging to the altar, the sanctuary, and threw another dynamite there and ran faster than before out of the scene.

“For almost two to three minutes, the device was exploding, destroying both human beings and church structures. For some minutes, the church still remained silent until the time outsiders ran inside, shouting that they (the attackers) have gone.

“It was then that I stood up, moved outside and even climbed some corpses on the floor, looking for my family members. Outside, I saw my mother and my two daughters, remaining my wife and my son. I went back to the church. 

“My lord, you can imagine the feeling when I had to be searching and turning the corpses of young people on the floor to see if any of them was my son,” the witness said.

He added that while still searching for his son, he saw a woman on the floor whose lower part had been shattered and only sympathised with her only to later find out that the woman was his wife.

The witness further said: “I went out of the church, by the side of my car a woman was shot there with her child. And, some of the bullets that penetrated the woman also damaged my car.

“There after, somebody called me that my wife is somewhere outside the church. I went there to see her. I discovered that it was the woman that I passed by in the church, which I did not recognise, but was pitying that turned out to be wife,” he said.

The witness said his wife was later taken to the Federal Medical Centre in Owo by another member of the church. He added that on getting to the hospital, he handed his wife to a doctor, who happened to be a member of their church.

He added: “At the hospital, I signed for my wife to be amputated and her two legs were amputated. And we discovered later that one of the eyes was ruptured. As at today, she lives with no legs and one eye.”

The witness said after.the incident, the Ondo State government promised to give his wife prostheses for her legs, but that the vendor was unable to provide useful prostheses until the then administration of The late Governor Rotimi Akeredolu left office.

He said he has called the current Commissioner of Health in Ondo State on the issue, but he failed to do anything.

Under cross-examination by defence lawyer, Abdullahi Mohammad the witness said the attackers used both guns and dynamites inside the church.

On where he was when the assailants entered the church, the witness said he was in the church and hiding under the pew. He said he could see the attackers where he was but could not see their faces clearly.

On how many the attackers were, the witness said he saw three inside the church and one outside, who was shooting through the window.

Testifying earlier as the fourth prosecution witness (PW4), SSD who said she is a nurse with the Ondo State Hospital Management Board, gave similar information as SSE in relation to the attack.

She said: “I ran to the alter to lie down, where I met a lot of people there already. And a lot of people came after me and laid on top of me. I was there praying in my heart that God should save my family because I did not know the direction they ran to.

“I also told God to have mercy one and that, if that is going to be my last day on earth, He should forgive me all my sins. 

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“Then, the gun shots continued sporadically.  I  heard a loud sound, which I believed to be a dynamite sound. Then, I don’t know what followed until everywhere became calm and I realised that I was still alive.

“Then, I touched my eyes, everywhere was bloody. I touched my leg, I could not feel anything, only what felt like rags and the dangling shattered part of my legs. Then, I could not talk, my voice was gone and could not hear well. I was hearing faintly.

“And, I was trying to call for help, but my voice was not coming out. So, then I started waving my hands and saying ambulance, hospital.

“I was taken to the hospital along with other victims and dead bodies. When I was receiving treatment in the hospital, I lost my left eye, and now use prosthesis. 

“If the court permits, I will remove it for the court to see. I also lost my two legs. The two legs were amputated above the kneels.

I spent about five months plus in the hospital before I was discharged. Since then, I have been on wheelchair,” the witness said.

At that point, Adedipe applied to the court that that the witness, who was on wheel chair, be wheeled out to the middle of the courtroom for the court to see the amputated legs and the damaged eye, an application Justice Emeka Nwite granted.

The witness was then moved to the middle of the courtroom where she showed the judge the damaged eye and legs.

Under cross examination by Mohammad, the witness said she could not count the number of people with whom she was at the church alter during the attack.

Said she could not count the number of those she met at the alter where she ran to to hide.

On what could have affected her left eye, the witness said she could not say precisely, but thought it may be the dynamite, because the roof at the alter was destroyed by the blast from the dynamite.

On how she knew that 41 people died in the attack, the witness said she did not know immediately, but learnt about it  when she came to life and started asking about what happened.

The witness said she also learnt about the number of casualties from the programme the was printed when the dead were being given mass burial.

SSD said she did not know the number of those who came to attack the church.

Justice Nwite has adjourned further hearing in the case till February 10  and 11.

The National Industrial Court sitting in Ibadan has dismissed a defamation law suit brought by a former Priest of the Ibadan North Anglican Diocese, Reverend Oluwadamilola Ebenezer Kosemani against the Archbishop of Ibadan Ecclesiastical Province, His Grace, the Most Rev. Williams Aladekugbe. 

Rev. Kosemani had asked the Court for diverse reliefs which included judicial quashing of the letter dated the 11th of November, 2024 written by Bishop Aladekugbe to the Primate of the Church of Nigeria, Anglican Communion, Most Rev. Henry Ndukuba, a retraction of the letter and an order for apology from Bishop Aladekugbe to the Priest. 

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The Reverend also asked for the sum of N100million as general and aggravated damages for defamation. 

However, in a judgment delivered by Hon Justice J. D. Peters, the judge after examining the reliefs held that the National Industrial Court, being a specialised Court cannot expand its jurisdiction beyond that given it by law. 

The Judge upheld the submission of Counsel to the Archbishop, Otunba Kunle Kalejaye, SAN, who led Sir Oyewale Akinrinade, Chief Olusola Orobode, Oyewale Oyegoke, Esq and Miss Toluwani Ogunbanjo that the National Industrial Court has no jurisdiction to entertain actions in defamation at all. 

The trial judge after an extensive review of all the current legal authorities on the matter, threw out the entire action and dismissed same. 

Speaking after the judgment, the lead Counsel, Kalejaye, SAN expressed deep satisfaction with the outcome and praised the Court for following the path laid by the Court of Appeal in similar matters. 

He also alluded to the fact that the Primate of the Anglican Communion had set up a committee to arbitrate in the matter but the junior priest Rev. Kosemani, rebuffed the efforts of the Primate.

Contacted, Archbishop Aladekugbe refused to comment but thanked God for a successful conclusion of the matter and expressed appreciation to the Primate who set up a committee of senior Priests to arbitrate, which was shunned by the Junior priest.

A Magistrate Court in Abakaliki, Ebonyi State, on Monday ordered the remand of a social media critic, Polycap Obinna Alegu, over allegations of defamation and cyberbullying against the Secretary to the State Government, Prof. Grace Umezurike.

Alegu, 36, was arraigned before Magistrate Court 1, presided over by Chief Magistrate Sandra Ifeanyi-Onyibe, on a two-count charge bordering on criminal defamation and cybercrime.

According to the charge marked MAB/7c/2026, he allegedly made a false and malicious publication against the SSG on December 16, 2025.

In Count One, the prosecution alleged that he published defamatory content against Prof. Umezurike, an offence contrary to Section 375(A) of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.

Count Two accused him of intentionally publishing false and defamatory material on Facebook, contrary to Section 24(1)(b) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act.

Defence counsel, Sunday Ununu, objected to the reading of the charges, arguing that the Nigeria Security and Civil Defence Corps (NSCDC) lacked authority to initiate criminal proceedings on behalf of the Federal Government.

He insisted that only the Attorney General of the Federation could institute such cases.

The court overruled the objection, with the Chief Magistrate holding that the Constitution empowers the NSCDC to file criminal matters on behalf of the AGF.

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She also dismissed claims that the agency lacked the standing to seek a remand order.

Alegu, when asked to respond, told the court that his social media accounts had been hacked and that he was not responsible for the posts. He claimed that other comments issued from his account on different platforms were also the work of hackers.

Following his plea, defence counsel applied for bail, stating that the defendant had credible sureties. However, NSCDC counsel, Linda Akam, opposed the application because the Magistrate Court lacked jurisdiction to entertain the substantive matter.

In her ruling, Magistrate Ifeanyi-Onyibe held that there was a prima facie case against the defendant.

She declined to rule on bail, stating that the issue should be handled by a court with the appropriate jurisdiction.

The court ordered that the case file be forwarded to the Department of Public Prosecution in the Ebonyi State Ministry of Justice for legal advice and adjourned the matter to January 26, 2026, for compliance.

The Delta State High Court sitting in Warri has declared the power of the Delta State Traffic Management Authority (DESTMA) to arrest traffic offenders and impose fines illegal and unconstitutional.

In a judgment delivered on Wednesday in Suit No. W/348/2016: Chuks Christian Ofili v. Attorney-General of Delta State & Anor, Hon. Justice Ejiro Emudainowho struck down Section 18(1) of the Delta State Traffic Management Authority Law, 2013, holding that it conflicts with the 1999 Constitution (as amended).

The court held that DESTMA and its officials lacked the legal authority to impose fines, penalties or sanctions, or to confiscate vehicle number plates without first charging and securing a conviction before a competent court.

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Justice Emudainowho ruled that the seizure of the claimant’s number plate and the imposition of a N30,000 fine without trial amounted to a “flagrant violation” of the claimant’s right to fair hearing and freedom of movement under Sections 36(1) and 41(1) of the constitution.

Among other reliefs, the court set aside the “Notification of New Traffic Offences and Penalties” issued against the claimant, ordered the refund of N30,000 paid for the release of the number plate, awarded N500,000 as legal costs and N300,000 as damages, with 10 percent interest per annum.

Reacting to the judgment, the claimant’s counsel, Olukunle Ogheneovo Edun, Esq., said the ruling affirms constitutional supremacy.

“The court was clear that only a competent court of law can impose penalties. Administrative agencies cannot assume judicial powers,” he said.

The National Industrial Court of Nigeria (NICN) in Abuja has issued an order restraining the National Association of Resident Doctors (NARD) and its members from embarking on the strike they planned to commence on January 12.

Justice Emmanuel Subilim issued the order on Friday while ruling on a motion ex-parte filed by the Federal Government of Nigeria (FGN) and the Attorney General of the Federation (AGF) in a suit marked: NICN/ABJ/06/2026.

Justice Subilim gave the ruling after listening to the Director of Civil Litigation (Federal Ministry of Justice), Mrs. Maimuna Lami Shiru, who led a team of lawyers from the ministry, moved the motion ex-parte.

Listed as respondents to the motion and defendants to the substantive suit are NARD, its National President, Dr. Mohammad Usman Suleman, and the association’s Secretary General, Dr. Shuaibu Ibrahim.

Justice Subilim, in a copy of the “enrollment order” seen on Friday, said after painstakingly listening to the submission of the lawyer to the claimants and going through the documents submitted and the rules of the court relied on, he was satisfied that the ex parte motion was meritorious and should be granted.

The judge added that he was “satisfied that this is a proper case for the grant of an interim injunction.”

He proceeded to issue an interim order of injunction “restraining the defendants respondents, their members, servants, agents, privies, and or any other person acting on their behalf or at their directives from calling, directing, organising, participating in or embarking upon any form of industrial action, including but not limited to strikes, work stoppages, go-slows, picketing or any other form of industrial protest or disruption.”

The judge also restrained NARD, its National President and Secretary General, from “taking steps preparatory to or in furtherance of any industrial action, from the 12th January, 2026, until the hearing and determination of the motion on notice” filed by the claimants.

Justice Subilim held that the orders made “shall remain in force pending the hearing and determination of the motion on notice fixed for the 21st of January, 2026.”

He ordered the claimants/applicants (FRN and the AGF) to serve the defendants with the orders made, “within seven days of the date hereof.”

The judge added that “the defendants/respondents (NARD, Suleman and Ibrahim) shall be at liberty to apply to discharge or vary this order within seven days after services of this order.”

The NARD had earlier this month announced plans to resume its previously suspended “total, indefinite and comprehensive strike with effect from January 12.”The group claimed that its decision was informed by the Federal Government’s alleged failure to fully implement agreed resolutions.

It said the decision to resume its strike was taken at an emergency virtual meeting of the association’s National Executive Council (E-NEC) held on January 2.

A statement by the group said its NEC directed all centre presidents across the association’s 91 accredited centres to convene congress meetings and thereafter address the media, with the aim of saturating public spaces with information on the planned industrial action within the next seven days.

The association said it would resume the strike alongside a series of coordinated protests, beginning with centre-based demonstrations scheduled to be held from January 12 to January

16.

It added that this would be followed by regional protests to be led by caucus leaders, while a nationwide protest would subsequently be organised by the NARD NOC.

NARD stated that the suspension of the renewed strike would only be considered after the full implementation of what it described as its minimum demands.

These include the reinstatement of the five resident doctors disengaged from the Federal Teaching Hospital, Lokoja, and the payment of outstanding promotion and salary arrears, among others.