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Tag: Court

  • Court grants N1b bail to 109 foreigners charged with cybercrimes

    Court grants N1b bail to 109 foreigners charged with cybercrimes

    Respite came the way of detained 109 foreign nationals being held on charges of cybercrimes as a Federal High Court in Abuja granted them bail on Friday at N17billion.

    Justice Justice Ekerete Akpan granted them bail while ruling on an application by their lawyer, Ogwu Onoja (SAN).

    Justice Akpan ordered the 109

    defendants to produce five sureties, each of whom will sign a bond of N200million, guaranteeing that the defendants would no jump bail.

    The sureties are to provide evidence that they are residents of Abuja and must each have landed property worth N200m

    According to the judge, the sureties  are to also swear to affidavit of means and submit to the court the original copies of documents of the properties pledged, which shall be verified by the court’s Registrar.

    Th judge also ordered that the defendants and their five sureties must deposit all their original travelling documents with the court’s Registrar and must not travel out of country throughout the period of their trial.

    Justice Akpan further ordered the defendants and sureties to each,  deposit two copies of their recent passport photograph with the court’s Registrar.

    The judge said he knew the defendants are foreigners, but that under Nigerian laws, a defendant is presumed innocent until the contrary was established.

    He ordered that the males among the defendants be remanded in Kuje prison, Abuja, while the females  be kept at the Kefi prison in Nasarawa State.

    The judge adjourned till February 27 for the commencement of trial.

    The foreigners, who are said to be citizens of China, Indonesia, Vietnam, Philippines, Thailand, Brazil, Malaysia and Myanmar, pleaded not guilty when the were arraigned on Friday.

    They were recently arrested by the police in their residence at plot 1906, Cadestral Zone 807, Katampe District of Abuja, where they were said to be engaging in cybercrime by allegedly promoting “a fraudulent and unregistered gaming platforms.

    In a six-count charge, marked: FHC/ABJ/CR/599/2024 filed in the name of the Inspector General of Police (IGP), the foreigners were also charged with cybercrime, money laundering and unlawfully residing in Nigeria.

    It was alleged in one of the counts that they did aid, abet, conspire among themselves “to commit an offence, to wit; cybercrime and you thereby commited an offence contrary to and punishable under section 27 (1) (b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”

    They were also alleged to have “knowingly access a computer and network and input, alter, delete of suppress data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as If they were authentic or genuine and you thereby commit an offence contrary to and punishable under section 13 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”

    In another count, the 109 defendants alleged to have, “

    knowingly and without authority caused loss of property to persons in Nigeria and outside Nigeria when you caused the inputting and suppression of data by deceiving people to believe that the unregistered and gambling platforms they were marketing were authentic “for the purpose of conferring economic benefit on yourselves and you thereby commit an offence contrary to and punishable under section 14 (1) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024)”

    They were said to have, with intent to defraud, “did promote via electronic Messages on the internet, a fraudulent and unregistered gambling platform, materially misrepresenting facts about the said fraudulent gambling platform upon which reliance, persons in Nigeria and outside Nigeria suffered enormous economic losses and you thereby commit an offence contrary to and punishable under section 14 (2) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”

    They were alleged to have  removed “from Nigeria proceeds generated from operating a fraudulent and unregistered gambling platforms, namely:  9f.com, c2.top, 8pg.top and you thereby commit Money Laundering, contrary to and punishable under section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.”

    The defendants were also accused of entering “the territory of the Federal Republic of Nigeria with a business permit of 30 days duration and failed, or neglected to leave the Nigerian territory at the expiration of the said permit and remained in Nigeria without a valid resident permit or appropriate valid visa and you thereby contrary to section 4 (2) and punishable under section 44 (1) (c) of the Immigration Act 2015.”

  • JUST IN: Court upholds suspension of PDP national vice chairman

    JUST IN: Court upholds suspension of PDP national vice chairman

    A Federal High Court sitting in Abakaliki, Ebonyi State capital, has affirmed the suspension of Ali Odefa from office as the national vice chairman of the Peoples Democratic Party (PDP).

    Odefa was suspended from the party on October 4, 2024 by the executive committee of the party at his Oguduokwor Ward in Onicha local government area of Ebonyi State for alleged anti-party activities. 

    However, Odefa argued that the suspension is null and void, claiming that those who carried it out were not bona fide ward executives of the party.

    Read Also: Filani, Oni warm up for PDP national vice chairmanship

    In the judgment for suit no FHC/AI/CS/182/2024 between Herbert Ovuta and Odefa, the presiding Judge, Justice Hilary Oshomah, upheld the suspension.

    The court ordered Odefa to cease presenting himself as the National Vice Chairman of the party, ruling that his suspension was valid.

  • Court frees 50 defendants accused of being IPOB members 

    Court frees 50 defendants accused of being IPOB members 

    A Federal High Court in Abuja has discharged and acquitted 50 individuals accused of terrorism and alleged membership in the proscribed Indigenous People of Biafra (IPOB).

    In his judgment on Friday, Justice James Omotosho ruled that the Nigerian Police Force (NPF) failed to establish a prima facie case against the defendants, including four women.

    Justice Omotosho upheld the no-case submission made by lawyers to the defendants and further held  that the prosecution failed to adduce any credible evidence to link the defendants with the offences charged.

    The judge proceeded to strike out  the three-count charge, marked: FHC/ABJ/CR/8/2024 brought against the defendants by the police.

    In the charge dated January 10 but filed on February 9 the defendants were, in count one alleged to have, said to have been arrested on or about December 12, 2023, at Umunze Village, Uga Aguata Local Government Area of Anambra by men of the Nigeria Police Force Anambra State Police Command led by CSP Collins Eruogwu, together with Local Vigilante Group, while acting on credible intelligence.

    They wer  accused of assembling  inside 911 truck with Reg No. XA-139 BDN and engaging themselves in a meeting about, and in connection with an act of terrorism.

    Read Also: BREAKING: Court of Appeal acquits Dr. Olaleye of defilement charges

    The police also accused the defendants  of having with them  48 black caps, 25 red caps and  six orange colour caps designed in IPOB emblem “with various degrees of charms otherwise known as juju, which you admitted to have possessed the spiritual power of disappearing while carrying out your terrorist transaction “

    The prosecution also alleged that their “gathering is for the purpose of promoting illegality in other to terrorise the people of Anambra State, and that you thereby committed an offence contrary and punishable under Section 12 of Terrorism g, (Prevention and Prohibition) Act, 2022. 

  • BREAKING: Court of Appeal acquits Dr. Olaleye of defilement charges

    BREAKING: Court of Appeal acquits Dr. Olaleye of defilement charges

    The Court of Appeal sitting in Lagos has discharged and acquitted Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, of the offence of defilement of his wife’s niece.

    Dr. Olaleye had been accused of raping his wife’s teenage niece and was sentenced to life imprisonment by an Ikeja Sexual Offences and Domestic Violence Court.

    The trial judge had found the case presented by the prosecution as compelling.

    Dr. Olaleye had appealed his conviction, seeking an order from the appellate court to overturn his life sentence for defilement and sexual assault by penetration of a minor.

    Read Also: Court rejects EFCC’s request to arraign Yahaya Bello without his counsel

    However, Justice Jimi Bada of the Court of Appeal, Lagos Division, who read the lead judgment held that the trial court erred in convicting Dr. Olaleye based on “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi, and the alleged survivor (names withheld).

    The appellate court said there were material contradictions in the evidence gathered by the prosecution which shouldn’t have been relied on by the lower court.

    Details shortly…

  • Court adjourns case of suspected killers of Ajayi Crowther University student

    Court adjourns case of suspected killers of Ajayi Crowther University student

    The Oyo High Court sitting in Awe has adjourned the case of the twelve suspected killers of Jeffrey Akro, an undergraduate student of Ajayi Crowther University, until Tuesday, December 10, 2024.

    The suspects’ plea could not be taken during their appearance in court on Thursday, although they pleaded not guilty to a two-count charge as read.

    Justice Ladiran Akintola adjourned the case until December 2025 for further hearing.

    Meanwhile, Chief Victor Ewrhujakpor, the counsel to the plaintiff and former Attorney General and Minister of Justice, who stood in for the Director of Public Prosecution alongside two other counsel, stated in an interview with newsmen that they were in court to take the plea of the defendants and argue their bail application.

    He said: “We are in the Court today to take the plea of the defendants and to hear their bail application in respect of the murder of Jeffrey Akro. Her mother and uncle are in the Court.

    “I am representing the DPP of Oyo state on a Fiat as well led other two lawyers.

    “We could not take the application today because the expectation of them is that the application will be taken.

    “As a former Attorney General and Commissioner for Justice in Delta state, I know that when the defendants are in Court to take their plea the oral bail application will be made.

    “I was ready to oppose and file my counter affidavit but the Judge in his wisdom having considered the case file advised that we exploit the possibility of resolving all the issues and settle the matter out of Court considering the ages of the suspects, the deceased and the damage that has been done.

    Read Also: $6bn Mambilla project: Appeal Court stays order asking EFCC to remove Sunrise Power’s Leno Adesanya from wanted list

    “We had to adjourn to try on our part. We are ready to resolve the matter amicably.

    “If they give me their cooperation, I am sure by the next adjournment, we will have something to report through the Attorney General of the state to the larger public and the parents of the deceased.”

    Also in a separate interview with the newsmen, one of the relatives of the deceased, Chief Ayirimi Emami said: “Our lawyer has spoken. I don’t have much comment to make. We have to follow what our Counsel has said. Whatever they resolve, we will follow them but Justice has to prevail.”

  • Court orders remand of 109 foreigners over alleged cybercrime

    Court orders remand of 109 foreigners over alleged cybercrime

    A Federal High Court in Abuja, on Friday, ordered the remand of 109 foreigners, charged over allegations bordering on cybercrime, in Kuje and Suleja Correctional Centres.

    Justice Ekerete Akpan gave the order following an application by one of the defence counsel, James Onoja, SAN, for an adjournment to allow the prosecution reflect the defendants’ names correctly on the charge sheet.

    The News Agency of Nigeria (NAN) reports that the foreigners, who are said to be citizens of China, Indonesia, Vietnam, Philippines, Thailand, Brazil, Malaysia and Myanmar, were recently arrested by the police.

    They were apprehended in their residence at Plot 1906, Cadestral Zone 807, Katampe District of Abuja, where they were said to be engaging in cybercrime by allegedly promoting “a fraudulent and unregistered gaming platform.”

    In a six-count charge, marked: FHC/ABJ/CR/599/2024 filed in the name of the Inspector-General (I-G) of Police, the foreigners were charged with cybercrime, money laundering and unlawfully residing in Nigeria.

    At the resumed hearing on Friday, Onoja informed the court that while conducting Know-Your-Customer (KYC) procedures for his clients, he discovered that their actual names were not reflected on the charge sheet.

    “This information came to light when we were discussing the possible terms of bail for the defendants.

    “We told them that the court would ask for their travel documents, and they said the names on the charge sheet were not their names,” he said.

    The senior lawyer said that he had discussed the matter with the prosecution lawyer, A.A. Egwu.

    He said they requested the defendants’ travel documents so that their proper names could be reflected on the charge sheet.

    He emphasised that it was the defendants’ responsibility to provide their correct travel documents for the plea and trial to proceed smoothly.

    Onoja, therefore, proposed that the arraignment be adjourned in the interest of justice.

    Egwu, who appeared for the police, responded that the court could make an order for the defendants’ respective embassies to provide their travel documents.

    “We do not oppose the request for an adjournment,” he said.

    Egwu also drew the court’s attention to an earlier ex-parte motion, which requested that the defendants be moved from the police facility and remanded at the correctional centre pending the determination of their bail.

    He explained that the police facility was overwhelmed and lacking the necessary resources.

    Eric Obah, who represented defendants 100 to 104 (Brazilians), did not oppose Onoja’s submission.

    He, however, requested a separate trial for his clients.

    Read Also: States adopt PPDC’s court management technology to improve justice delivery

    Onoja also agreed that the defendants be remanded in a correctional centre for their safety.

    Justice Akpan held that given Egwu’s position regarding the state of the police facility, it was appropriate to remand the defendants at the correctional centres.

    The judge, who ordered the defendants to be remanded in Kuje and Suleja Correctional Centres, adjourned the matter until Nov. 29 for their arraignment.

    NAN reports that in one of the counts, they were alleged to have aided, abetted, conspired among themselves “to commit an offence, to wit; cybercrime.”

    They were said to have commited the offence contrary to and punishable under Section 27 (1) (b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).

    They were also alleged to have “knowingly access a computer and network and input, alter, delete of suppress data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as If they were authentic or genuine.”

     The offence is said to be contrary to and punishable under Section 13 of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”

    Again, they were alleged to have  removed “from Nigeria proceeds generated from operating a fraudulent and unregistered gambling platforms.

    “These platforms are  9f.com, c2.top, 8pg.top and you thereby commit money laundering, contrary to and punishable under Section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.”

    The defendants were also accused of entering “the territory of the Federal Republic of Nigeria with a business permit of 30 days duration and failed, or neglected to leave the Nigerian territory at the expiration of the said permit and remained in Nigeria without a valid resident permit or appropriate valid visa.”

    The offence is contrary to Section 4 (2) and punishable under Section 44 (1) (c) of the Immigration Act 2015.”

    (NAN)

  • Court orders IGP, PSC to pay Police Constabularies four-year salary arrears

    Court orders IGP, PSC to pay Police Constabularies four-year salary arrears

    A National Industrial Court in Abuja has ordered the Inspector General of Police (IGP) and the Police Service Commission (PSC) to pay Police Constabularies about four years of salaries arrears owed them since 2021.

    In a judgment on Wednesday, Justice Rakiya Haastrup directed that each of the Constabularies be paid N54,566 per month from January 2021 to May 2024.

    Justice Haastrup gave the orders in a judgment on a suit filed and prosecuted for the Constabularies by their lawyer, Sebastian Hon (SAN).

    Besides the salary, Justice Haastrup equally ordered that letters of employment and certificate of engagement be issued to the Constabularies having trained them, provided them with uniforms, and boots and lawfully deployed them to the states of the federation and the Federal Capital Territory FCT.

    The plaintiffs, who were trained and engaged in community policing through intelligence gathering had through their lawyer, Sebastine Hon SAN sued the police for refusing to pay them their monthly stipends despite making them serve the nation diligently for the past four years.

    Contrary to the claims of the Police that the services of the Constabularies were voluntary, the plaintiffs claimed and tendered documents showing that at the time of their engagement, the police had agreed to give them monthly stipends commensurate to the basic allowance of a Constable in the Nigeria police force.

    The Constabularies alleged that the action of police in denying them the stipends was not only lawful but had put their lives in jeopardy as they could no longer meet with basic needs of life.

    They therefore urged the court that having been lawfully engaged by police, they are entitled to the monthly stipends to enable them to perform their duties effectively and diligently.

    Besides, they claimed that due to the hazardous nature of the jobs, seven of their members had already died.

    In her judgment, Justice Rakiya Haastrup agreed with Senastine Hon SAN that the plaintiffs have established that there is a contractual agreement of employment relationship between them and the police.

    The Judge held that based on the agreement, the plaintiffs are entitled to the monthly stipends for their job.

    Read Also: Ondo polls: Court reserves ruling on suit challenging Aiyedatiwa’s deputy eligibility

    Justice Haastrup noted that the exact amount to be paid as stipends was not fixed by the police, but held that each of the plaintiffs was entitled to a basic allowance of N54,655 monthly pending when the IGP will fix their monthly allowance.

    The judge also ordered the IGP to fix the amount due to each of the plaintiffs within two months of delivery of the judgment.

    She further ordered that the Constabularies be issued with letters of appointment having trained them, equipped them, issued them with uniforms and identity cards and deployed them to the states of the federation and the FCT.

    Responding to the judgment, and counsel to the Constabularies, Hon appealed to President Bola Ahmed Tinubu to order the IGP to pay the Constabularies owing to the services they are rendering to the country.

  • Ondo polls: Court reserves ruling on suit challenging Aiyedatiwa’s deputy eligibility

    Ondo polls: Court reserves ruling on suit challenging Aiyedatiwa’s deputy eligibility

    The Federal High Court sitting in Akure has reserved judgment in a suit challenging the eligibility of the deputy governor of Ondo state, Dr. Olayide Adelami, to contest last Saturday’s governorship election.

    Governorship candidate of the Peoples Democratic Party (PDP), Hon Agboola Ajayi, had filed the suit challenging the qualification of Adelami as running mate to Governor Lucky Aiyedatiwa.

    Ajayi, in the suit, sought the disqualification of APC from the ballot.

    In his originating summons, Ajayi, who came second at the poll said Adelami had multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.

    The former Deputy Governor asked the court to disqualify Adelami and the governorship candidate.

    Among his prayers were, “That the first defendant (Adelami) is constitutionally disqualified from contesting the election as Deputy Governorship candidate of APC.

     “A declaration that the APC has no validly nominated Governorship and Deputy Governorship candidate for the 2024 election.”

     He asked for an order disqualifying the defendants from participating in the election as well as an order restraining INEC from publishing their names or allowing them to participate in the election.

    Counsel to Adelami, Remi Olatubora, in his reaction, said that the West African Examination Council (WAEC) result has the name Adelami Owolabi Jackson in 1974 and that a degree certificate from Ambrose Alli University issued in 1982 has the name Adelami Olaide Owolabi.

    Olatubora said the grievance of the plaintiffs was not about discrepancies in the name but the order or arrangements of the names.

    Read Also: Ondo polls: Why parties should accept INEC’s results, Yiaga Africa

    Olatubora said the plaintiffs have no right to file the suit in accordance with section 29(5) of the Electoral Act 2022 because they are not members of All Progressives Congress and did not participate in the primaries of the APC that produced Adelami and Aiyedatiwa as candidates

    He said: “The plaintiffs lack the locus standi to file the suit or seek the reliefs set out in the originating summons. That the suit as a matter of law does not qualify as a pre-election matter, and this court lacks jurisdiction.”

    Olatubora said the suit is incompetent having been commenced by originating summon instead of a writ of summons as the suit is based on the allegation of fraud Presiding Judge, Justice Toyin Bolaji Adegoke, fixed judgment on the suit to a date to be communicated to all parties.

  • Court bars faction from confab, others

    Court bars faction from confab, others

    An Abuja Upper Area court has barred a purportedly  illegal Board of Trustees of National Association of Proprietors of Private Schools (NAPPS) allegedly chaired by Dr Mijinyawa Said with  Hajiya Samira Jibril leading its National Executive Council from holding a conference or operating a parallel national executive council.

    A statement by Assistant Secretary Incorporated Trustees of NAPPS,  Jen Udochukwu, noted that Incorporated Trusteesunder  leadership of the Board of Trustees Chair, Abdulmumuni Kundak; with NEC,  led by Chief Yomi Otubela, had its prayers granted by the judge, Gambo Garba.

    In an ex-parte motion, Garba granted an order restraining the defendants (factional BOT) including their assigns, officers, agents, staff, or any other persons acting on their behalf, from running or operating a parallel NEC of NAPPS, pending hearing and determination of the Motion on Notice on November 25.

    Read Also: EFCC fires two staff over corrupt practices

    The court also restrained them from organising or participating in the purported NAPPS conference scheduled for 19–20 November at Baze University Abuja or any other venue.

    NAPPS urged members and stakeholders to disregard all activities and communications with the ‘illegal BOT’.

    The association said: “NAPPS remains steadfast in its commitment to upholding the rule of law, fostering unity in the association and advancing private education institutions in the country.

    “NAPPS states affiliates, as well as majority of private school proprietors in Nigeria are enjoined to note that we have only one NAPPS recognised by law. We have only one BOT and one NEC.

    ‘‘We urge you to attend the legitimate NAPPS International Conference and Exhibition (NICE Calabar 2024) on November,20/21 at International Conference Centre, Calabar.”

  • Court sentences union leader to 21 years imprisonment for N43.5m fraud

    Court sentences union leader to 21 years imprisonment for N43.5m fraud

    Justice Mojisola Dada of an Ikeja Special Offences Court yesterday sentenced the Chairman of the Natural Oil and Gas Suppliers Association of Nigeria (NOGASA), Fatuyi Yemi Philips, to 21 years in prison for his involvement in a N43.5 million fraud.

    Justice Dada found Philips guilty of a two-count charge offence the Economic and Financial Crimes Commission (EFCC) filed against him.

    In the charge, the anti-graft commission alleged that Philips obtained N43.502 million by false pretense.

    Philips was first arraigned on April 7, 2022, alongside Oceanview Oil and Gas Nigeria Limited.

    The charges against the convict stated: “That you, Fatuyi Yemi Philips and Oceanview Oil and Gas Nigeria Limited, on or about September 28, 2016 with intent to defraud, obtained the aggregate sum of N43.502 million from Elochukwu Okoye and Elebana Unique Ventures Nigeria Limited on behalf of WAPCIL Nigeria Limited, under the false representation that you would sell to WAPCIL Nigeria Limited $98,870.00, a representation you knew to be false.”

    Read Also; Multichoice, multi-laments

    Another count stated: “That you, Fatuyi Yemi Philips and Oceanview Oil and Gas Nigeria Limited, on or about September 28, 2016, at Lagos, within the jurisdiction of this Honourable Court, stole the sum of N43,502,000.00, the property of WAPCIL Nigeria Limited.”

    Philips pleaded not guilty to the charges.

    During the trial, the prosecution’s last witness and a Bureau De Change (BDC) operator, Musa Mohammed, while being led in evidence by EFCC counsel O. S. Owede, told the court how he met the defendant and became involved in a business transaction with him.

    He explained that in September 2016, Philips gave him $40,000 in cash to change to naira.

    After the EFCC presented its fifth and final witness on March 30, 2023, the prosecution closed its case, and the trial was adjourned for the defence.

    On Friday, June 16, 2023, Philips began his defence before Justice Dada.

    Led by his counsel, Olanrewaju Ajanaku, the defenadnt claimed that he had given $100,000 to Olumide Adegbite for exchange, after telling him that he had connections with the Central Bank of Nigeria (CBN) and could secure a preferential exchange rate.

    Owede told the court that the NOGASA chairman was reading from a prepared script.

    A paper in which Philips had written some account numbers and figures was presented to the court and Justice Dada allowed the defendant to continue using the document.

    After two hours of Philips’ testimony, the defence team concluded its case.

    Delivering judgment, Justice Dada said the prosecution had proved its case against the defendant beyond reasonable doubt.

    The judge sentenced Philips to 14 years imprisonment on Count One and seven years on Count 2.

    Justice Dada said only $8,000 had been recovered from the defendant during the investigation, adding that Philips had remained unrepentant.

    “The first defendant never had the intention of giving the nominal complainant the naira equivalent of the dollar,” the judge said.

    Justice Dada ordered Philips to restitute the full sum of N43.5 million to the nominal complainant within 90 days of the judgment.

    She also directed that Oceanview Oil and Gas Nigeria Limited pay a fine of N500,000 over Count One within 30 days or face winding up.

    On Count Two, the company was fined N250,000, also payable within 30 days, or face winding up.