Tag: Court

Justice Rahman Oshodi of an Ikeja Special Offences and Domestic Violence has remanded one Chidi Gabriel at the medium custodial center over alleged defilement of a minor, aged 14 years.

Gabriel was arraigned by the state government on a one count charge boarding on defilement of a minor.

The defendant pleaded not guilty.

M.I Chiaha the defence counsel did not move a bail application.

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The prosecuting counsel, Bukola Okewo prayed the court for a triai date following the not guilty plea of the defendant.

Justice Rahman in his ruling remanded the defendant in custody.

“I adjourned this matter to May 7, 2025 for trial and also remand the defendant at the medium custodial center where he is been currently held”

According to the charge, “Chidi Gabriel on or about the 23rd day of 2020 around Okokomaiko junction, Alaba, Lagos state in ikeja Judicial Division did have unlawful sexual intercourse with one (name withheld) aged 14 years by inserting your penis into her Vagina”

An Iwo-based businessman, Mr. Toba Amusan, has been ordered to pay N500,000 compensation to a 56year-old trader for instigating his unlawful arrest and detention.

In a judgment delivered by Honourable Justice F.A. Sodamade of Osun State High Court, sitting in Iwo, the court  dismissed the application of stay of execution brought by Amusan against the earlier judg-ment of the court delivered in May 2024.

Fifty-six year Isikilu Kehinde had dragged the State Commissioner of Police; the Commander, Anti-Vice Intelligence Squad of Nigerian Police, Osun Command; Sgt. Opebiyi Abiodun and Mr. Toba Amusan to court over his arrest and eventual detention for four days without trial.

In a 20-paragraph affidavit, personally deposed to by him, Kehinde stated that ‘his arrest on 14th day of April 2024 by the 1st I’m o 2nd and 3rd respondents at the instance of the 4th respondent is unconsti-tutional, malicious, illegal, frivolous, harassing, vexation and gross violation’ of his fundamental human rights as enshrined in the Constitution of Nigeria and Articles 5,6 and 12 of the African Charter on Hu-man and People’s Right (Ratification and Enforcement) Act Cap 49 LFN 2004.

He demanded  Five Million Naira (N5million) as damages for his unlawful arrest and detention from 14th day of April 2023 to 19th day of April 2023.

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According to him, he “was unjustly detained by the 1st to 3rd respondents over a land dispute, which is pending before the State High Court.”

Although, the respondents had challenged the jurisdiction of the court to hear the case, Justice Soda-made ruled in favour of Kehinde and ordered Amusan to pay N500,000 as compensation in addition to public apology.

“By virtue of the same S.35 (6), any person who is unlawfully arrested or detained should be entitled to compensation and public apology from the appropriate authority or person.

“Since damages is constitutionally allowed, damages in the sum of N500,000, as claimed by the appli-cant, is awarded against the 4th respondent in favour by the applicant.

“The award of damages is in addition to public apology as claimed by the applicant,” the court ruled.

But in his efforts to overturn the court judgment against him, Amusan filed an application for a stay of execution pending the appeal he filed against the judgment.

The Delta State Customary Court of Appeal, sitting in Asaba, the state capital, has nullified the installation of a former Minister of State for Agriculture, Chief Ashimedua Chris Agbobu, as the Onishe (kingmaker) of Ubulu-Unor in Aniocha South Local Government Area of the state.

Agbobu, a minister under former President Olusegun Obasanjo, was installed as the Onishe by the traditional ruler of Ubulu-Unor, Obi Henry Kikachukwu.

Setting aside the judgment of the Aniocha South Area Customary Court, Ogwashi-Uku, the seven-man justices of the appeal court in a unanimous judgment delivered by Justice Dele Okafor on behalf of the panel said the installation of the second respondent appellants fell short of the customs and traditions of the people of Ubulu-Unor.

The appeal upheld the appellants’ argument that the Umuokpa and Idumu-Onishe Ruling Houses, Umuolo in Anioshei Quarters have the prerogative to produce the Onishe chieftaincy title holder.

It added that the second respondent is not from any of the ruling houses and therefore cannot be conferred with the title by the traditional ruler.

Agbobu was installed as the Onishe of Ubulu-Unor by the Ubulu-Unor monarch some years back, even though the process of installation of Chief Onuwa Aniagwu as the Onishe had commenced and was not truncated nor rejected by Obi Kikachukwu.

Dissatisfied by the installation, the elders of Umuokpa approached the Aniocha South Area Customary Court to nullify the installation on the ground that the second respondent was wrongly conferred with the Onishe title because he is not a member of any of the Umuolo Ruling Houses.

They had argued that the fifth appellant, Chief Onuwa Aniagwu had been nominated by the Umuokpa Ruling House and was subsequently accepted by the Obi who had in turn sent an emissary of acceptance to him.

At the lower court, after a protracted trial, the President of the Area Customary Court, Mrs Maria Ogbeifun and members of the panel had dismissed the plaintiff’s suit on the ground of their inability to exclusively prove that the Onishe chieftaincy title revolves around the acclaimed ruling houses.

Dissatisfied with the ruling, counsel to the plaintiffs, Larry Olisa approached the Customary Court of Appeal, on behalf of the plaintiffs, seeking an order to set aside the judgment of the lower court and uphold the reliefs sought by the appellants.

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In the appeal marked DCCA/14A/2023, between Andrew Nwanokwai, Onuwa Aniagwu and three others vs. H.R.H Henry Kikachukwu and one another, Olisa had formulated four issues for determination by the appeal court, one of which is whether the trial president and members were right to have dismissed their suit on the ground that the appellants failed to prove that it is the prerogative of Umuokpa and Idumu-Onishe to produce the Onishe chieftaincy title holder of Ubulu-Unor.

Counsel to the respondent appellants, G. A. I. Mowah in his submission had urged the trial justices to uphold the judgment of the lower court and dismiss the appeal of the appellants.

However, the appellate court, in its examination of the facts before it, upheld the argument of the appellants that the lower trial court failed to properly evaluate the evidence of the appellants before arriving at its judgment.

It averred that the purported material contradictions in the oral evidence of the appellants and a document (letter) showing the names of the past Onishes from the two ruling houses were tendered for different reasons, especially when the respondent’s oral evidence supported the claims of the appellants.

While upholding reliefs sought by the appellants, the appellate court also emphasised that while the Obi may have the power to reject a selected candidate, “he does not have the right to go outside the ruling houses to select unqualified strangers to occupy traditional stools or positions exclusively reserved for particular Ruling Houses”.

It added: “That is a desecration of custom. His office too as a king is a product of custom and he is bound by it.

“The second respondent by not being from Umuokpa and Idumu-Onishe is not qualified to be the Onishe of Ubulu-Unor.”