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Tag: Court

  • Court remands man for diverting trailer with N50m goods

    Court remands man for diverting trailer with N50m goods

    Eunice Ainetor

    A middle-age man, Yusuf Ali, has been remanded at the Ikoyi center on the Nigerian Correctional Services (NCoS), by a Lagos Federal High Court, over alleged diversion of a trailer with goods worth N50 million.

    Yusuf was arraigned before the court on a three-count charge bordering on conspiracy, fraud and fraudulent conversion of property.

    The defendant was remanded by Justice Friday Ogazi after he pleaded not guilty to the three-count charge filed against him by the operatives of the Police Special Fraud Unit (PSFU), Ikoyi, Lagos.

    The police had told the court that the defendant committed the offence  on June 29, 2014.

    He was alleged to have conspired with two other persons, said to be at large, to commit the criminal acts.

    The defendant and others at large were alleged to have sold and converted a DAF X95 Truck  with green head and grey body with registration number T-8792-LA.

    The Police told the court that the defendant sold off the truck alongside goods worth N50 million belonging to one Mr. Charles Aghadiuno.

    The court was further informed that the alleged illegal acts of the defendant, contravened section 8(a) of the Advance Fee Fraud and Other Related Offences Act 2006 and punishable under Section 1(3) of the same Act. Section 18 (2)(b) of the Money Laundering (Prohibition) Act of 2011 as Amended in 2012 and punishable under Section 18 (3) of the same Act.

    The prosecuting police further stated that the defendant’s action was contrary to section 383(2) (a) of Criminal Code Act, Cap C38 and punishable under Section 390(8)(b) of the same Act.

    The defendant denied the charges and pleaded not guilty to the charges.

    Following his not guilty plea, the prosecuting police officer, asked the court for a trial date and urged the court to remand him in the correctional center pending the conclusion of the trial.

    Justice Ogazi ordered the remand of the defendant at the Ikoyi center of the Nigerian Correctional Services (NCoS), and adjourned the matter to October 29, for trial.

    The charges against the defendant reads: “that you Yusuf Ali ‘M’ and two others at large on or about 29th June 2024 in Lagos state within the Jurisdiction of this Honorable Court did conspire among yourselves to commit an offence to wit stealing and fraud and thereby committed an offence contrary to Section 8(a) of the Advance Fee Fraud and Other Related Offences Act 2006 and punishable under Section 1(3) of the same Act.

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    “That you Yusuf Ali ‘M’ and others at large on or about 29th June 2024 in Lagos within the Jurisdiction of this Honorable Court did sell and convert Daf X95 Truck R/NO. T-8792-LA Green head and grey body with goods value N50,000,000.00 (Fifty Million Naira) Property of Mr Charles Aghadiuno to your own use and benefit which you knew or reasonably ought to have known was the proceed of an unlawful act by you to wit: Stealing and Fraud and thereby committed an offence contrary to and punishable under Section 18 (2)(b) of the Money Laundering (Prohibition) Act of 2011 as Amended in 2012 and punishable under Section 18 (3) of the same Act.

    “That you Yusuf  Ali  ‘M’ and others at large on or about 29th June 2024 in Lagos Within the Jurisdiction of this Honorable Court with intent to defraud did steal and convert DAF X95 Truck R/NO. T-8792 LA with goods value N50,000,000.00 (Fifty Million Naira) property of Mr. Charles Aghadiuno to confer a benefit on you and thereby committed an offence contrary to Section 383(2) (a) of Criminal Code Act, Cap C38 and punishable under Section 390(8)(b) of the same Act.”

  • Guards get two-year jail term

    Guards get two-year jail term

    A Lagos State Magistrates’ Court sitting in Yaba has sentenced two security guards to two years imprisonment each for stealing properties belonging to Ivory Exclusive Hotel, Gbagada.

    The convicts, Wilfred John, 32, and Tunde Atatero, 32, were arraigned before Magistrate A.O. Salawu on an 18-counts of stealing on May 16, 2024.

    The defendants pleaded guilty to 12 out of the 18 counts they were charged with.

    Magistrate Salawu gave a two-year jail term each rather than sentencing each count individually because the convicts “saved the time of the court.”

    According to the prosecutor, Godwin Oriabure, the convicts committed the offence on February 28, 2024, at Ivory Exclusive Hotel, Gbagada.

    Oriabure also added that the offence contravened and is punishable under section 411 of the Criminal Law of Lagos state, 2015.

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    One of the counts read: “That you, Wilfred John ‘M’, Tunde Atatero ‘M’ and others at large on the 28th day of February, 2024 at Ivory Exclusive Hotel, Ifako, Gbagada, Lagos State in the Yaba Magisterial district did conspire amongst yourself to commit felony to wit stealing and thereby committed an offence contrary to and punishable under section 411 of the criminal law of Lagos State, 2015.”

    Another count reads “ That you, Wilfred John ‘M’, Tunde Atatero ‘M’ and others at large on the same date, time and place at the above aforementioned magisterial district did steal four pieces of Midea 1HP Air conditioner valued N1,920,000 ( one million, Nine hundred and twenty thousand naira), property of Ivory Exclusive Hotel, Gbagada and thereby committed an offence contrary to section 287 (7) of the criminal law of Lagos state of Nigeria, 2015.”

  • Defilement: Appeal Court reserves judgment in Dr. Femi Olaleye’s trial

    Defilement: Appeal Court reserves judgment in Dr. Femi Olaleye’s trial

    The Court of Appeal sitting in Lagos has reserved judgment on the appeal filed by Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, challenging his conviction and sentencing on two counts of defilement and sexual assault by penetration of a minor.

    The court, presided over by Justice Olukayode Bada, reserved judgment for a later date after the parties adopted their briefs of argument in the matter.

    Other members of the panel include Justice Mohammad Ibrahim Sirajo and Justice Folasade Ojo.

    On October 24, 2023, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court sentenced Dr. Olufemi Olaleye to life imprisonment for defiling his wife’s 16-year-old niece.

    In his judgment, Justice Oshodi held that the prosecution, the Lagos state government had proved the charge against the defendant and the evidence against him was compelling.

    Dissatisfied with the judgment, Dr Olaleye approached the court of appeal seeking to overturn the decision.

    At the hearing of the appeal on Sept 24, the appellant through his lawyer, Senior Advocate of Nigeria, Kemi Pinheiro, argued that the lower court erred when in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 years at the time of the offence, adding that there was no direct evidence from anyone who witnessed the birth of the alleged victim of the crime.

    However, the respondent through its counsel, a Chief State Counsel, Olufunmi Aluko countered the appellant’s argument and noted that it had established the offences of defilement and sexual assault by penetration against the appellant beyond reasonable doubt which led to the conviction of the appellant by the lower court.

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    The prosecution submitted that there were no contradictions in any of the testimonies of its witnesses.

    The respondent argued that to establish the offence of defilement, the following must be proven: that the child is underage; that the accused had sexual intercourse with the child; and that the consent of the child is immaterial. She held that all these had been proven in the course of the trial which the trial judge relied on to convict the appellant.

    The respondent further stated that the evidence of the Prosecution witnesses PW1 (Mrs. Aderemi Fagbemi Olaleye, the appellant’s wife), PW4 ( Esther Igbineweka, police officer from Gender Section of the Nigeria Police), PW5 (Dr. Akinbunmi Oyebimpe – the medical Doctor that examined the Prosecutrix) and PW6 (Inspector Abe Leonard -The Police Officer from the Anthony Police Station where the case was initially reported and investigated) confirmed the consistency of PW2 (Survivor’s ) account as to her age.

    In his appeal, Dr Olaleye had also contended that the medical report of the examination of the survivor tendered by the respondent and which the court relied on did not indict him as the person who committed the offence.

    In response, the state counsel argued that the judgement of the lower court was not reached solely on the medical evidence, as the medical evidence was just to prove a critical ingredient of the offence of penetration, as well as to serve as corroborative evidence to prove that there was penetration into the vaginal canal of the survivor.

    “The judgement was reached based on the medical evidence as well as other compelling and cogent legal evidence as produced and as adduced by the respondent at the lower court”.

    “These are pieces of legal evidence which proved that the appellant was the actual person who committed the offence and no other person particularly as he was identified by the survivor”.

    At the lower court, the survivor had testified that she opened up to a school principal and psychologist, Aunty Tessy who called PW1 (Mrs Olaleye) immediately to inform her.

    The survivor testified that the appellant had been sexually abusing her, that he introduced her to pornography and further graduated to oral sex with her in March 2020. She stated that the sexual abuse happened in their home, and the appellant acted around 2 am daily after switching off the CCTV camera in the home or turning the direction of the camera. She further stated that the appellant threatened her not to tell anyone.

    The Court of Appeal also specifically inquired from the State Counsel, what interest the complainant had to serve and Aluko responded that the complainant acted in the interest of justice, as a grievous crime against the State had been committed.

    At the lower court, PW 1 in stating her reason for the report of the crime perpetrated by the Appellant her husband of over (12) twelve years said, “My lord, I was raised to be a strong confident woman. Evil is evil regardless of who is perpetrating it. I have a girl child, and I have 8 nieces who all look up to me, and who stay with me. My lord, if this is not curbed, the evil will continue, and my conscience and how my late mother raised me will not let me rest to cover up evil regardless of whether he is my husband or otherwise.

    After listening to the briefs of both parties, the parties adopted their arguments and the matter was reserved for judgment.

  • Appeal Court reserves judgment in doctor’s rape conviction appeal

    Appeal Court reserves judgment in doctor’s rape conviction appeal

    Lagos Division of the Court of Appeal has reserved judgment in the appeal filed by the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, seeking to rescind the judgment of a lower court which convicted him of rape.

    Olaleye was in October, last year sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court for raping his wife’s niece, a teenager, when the defilement happened.

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    In his judgment, Justice Rahman Oshodi held that the prosecution, the Lagos State Government, had proved the charge against the defendant and the evidence against him was compelling.

    However, in the appeal filed by the convict through his lawyer Kemi Pinheiro (SAN), on November 24, last year, Olaleye highlighted 35 grounds of appeal against the judgment of the lower court.

    According to the appellant, the lower court erred when in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 years at the time of the offence, adding that there was no direct evidence from anyone who witnessed the birth of the alleged victim of the crime.

    The appellant stated that the prosecution did not tender any documentary evidence in support of its case that the alleged victim was 16 years.

  • Court discharges, acquits Lagos monarch of rights violation charges

    Court discharges, acquits Lagos monarch of rights violation charges

    The Lagos High Court on Friday, October 4, acquitted and discharged High Chief Kehinde Kalejaiye, a traditional ruler in the Otumara community, Lagos Mainland, of rights violation charges brought against him by the deposed traditional ruler, Festus Arowojolu, and others.

    Arowojolu, along with Rotimi Arowojolu, Friday Arowojolu, Segun Arowojolu, Sola Adegun, and Jude Ojo, had filed a lawsuit against the Lagos State Commissioner of Police, Special Enquiry Bureau, FCID Alagbon, CP Special Squad, and Investigating Police Officer, alleging their arrest and investigation over a threat to the monarch’s life were instigated by Chief Kalejaiye.

    The applicant’s lead counsel, Ibukun Ajomo, argued that the arrest and detention of the 2nd, 3rd, and 5th applicants by the police squad violated their fundamental rights to personal liberty, as protected by Section 35(1) and (3) of the 1999 Constitution of Nigeria and Article 5 of the African Charter on Human and Peoples’ Rights.

    He sought damages, exemplary damages and the costs of applying in favour of the Applicants.

    In his counter submission, Counsel to Kalejaiye, Muftau Sanusi told the court that there is nowhere in the affidavit that it was stated by the Applicants how and when his client violated the rights of any of the Applicants. 

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    According to him, it is an inalienable right of his client to report any suspicious move in his community or perceived threat to his life to the police, especially with the notoriety of the Applicants in the community.

    The judge, M.M Balogun, ruled that the applicants failed to discharge the burden placed on them to prove that the rights of applicants as enshrined in the 1999 constitution of the Federal Republic of Nigeria and articles 5 and 6 of the African Charter on human and people’s rights was violated.

    While dismissing the case, she held that “The crucial issue for determination in this case is whether there is a breach of the rights of the applicants’ personal liberty or dignity of human person. This honourable Court found it noteworthy that some of the reliefs sought by the applicants are declaratory while there are injunctive damages and costs of filing the administration.

    “The nature of the declarative relief is that the applicants will prove their case in a fundamental rights enforcement application. The onus is on the applicants to establish credible evidence that their fundamental rights have been violated or threatened to be violated or likely to be violated. The applicants have failed to establish credible evidence that their arrest was instigated by the fourth respondent.

    “It is noteworthy to mention that section 4 of the Nigerian Police Act saddled the Nigerian Police among other things with the responsibility to prevent and detect crime and protect the rights and freedom of everybody in Nigeria as provided for in the constitution. Also, the applicants were not just arrested, there was a petition alleging a threat to the life of the fourth respondent.

    “This honourable court hereby affirmed that the applicants failed to discharge the burden placed on them to prove that the rights of applicants as enshrined in the 1999 constitution of the Federal Republic of Nigeria and articles 5 and 6 of the African Charter on human and people’s rights were infringed upon by the 1st, 2nd, 3rd and 4th respondents. In the light of the foregoing, this case is hereby dismissed.”

  • BREAKING: Court bars VIO from stopping, impounding, confiscating vehicles

    BREAKING: Court bars VIO from stopping, impounding, confiscating vehicles

    A Federal High Court in Abuja has issued an order barring the Directorate of Road Traffic Services (otherwise known as VIO) from further stopping vehicles on the road, impounding or confiscating vehicles, and imposing fines on motorists.

    Justice Evelyn Maha issued the order in a judgment on a fundamental rights enforcement suit: FHC/ABJ/CS/1695/2023 filed by a human rights activist and public interest attorney, Abubakar Marshal.

    Also affected by the order are the Director of Road Transport; the Area Commander, Jabi, and the Team Leader, Jabi, and the Minister of the FCT, also listed as respondents.

    In the judgment delivered on Wednesday, October 2, Justice Maha upheld Marshal’s argument that no law empowers respondents to stop, impound, confiscate, seize, or impose fines on motorists.

    The judge declared that the first to the 4th respondents, who are under the control of the 5th respondent (Minister of the FCT) are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists and or impose fines on motorists.

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    She proceeded to issue an order restraining the 1st to 4th respondents either through their agents, servants, and or assigns from impounding, confiscating the vehicle of motorists, and or imposing a fine on any motorist as doing so is wrongful, oppressive, and unlawful by themselves.

    Justice Maha further made an order of perpetual injunction restraining the respondents whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.

  • Court  frees commercial driver accused of killing  LASTMA official

    Court  frees commercial driver accused of killing  LASTMA official

    Justice Oyindamola Ogala of an Ikeja High Court has acquitted a 29-year-old commercial driver, Ibrahim Yusuf, accused of killing an official of Lagos State Traffic Management Authority (LASTMA).

    Yusuf was arraigned before the court on a two-count charge of attempted murder and harm on an official of LASTMA, Olatunde Awotola.

    Delivering judgment in the matter yesterday, Justice Ogala discharged and acquitted the commercial driver charged with the alleged killing of an official of LASTMA.

    The defendant was charged to court on  April 29, 2022 for the alleged offences.

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    Justice Ogala stated that the prosecution failed to prove the two counts charge preferred against him by the Lagos State Government.

    According to the judge, there was no documentary evidence presented by the sole prosecution witness, nor was their evidence of reporting the incident at the Police station.

    It would be recalled that the defendant was accused of attacking the official when he was trying to arrest him on February 12, 2022 at Kosoko Ojodu.

    The defendant ran into trouble with the law when the de

  • Court compels RISIEC, Fubara to conduct LG poll in line with apex court’s judgement

    Court compels RISIEC, Fubara to conduct LG poll in line with apex court’s judgement

    The State High Court sitting in Port Harcourt, Rivers State, has issued an order mandating the state’s Independent Electoral Commission (RISIEC), the state government and Governor Siminialayi Fubara to conduct the October 5 local government elections in the state.

    The order was made in a suit filed by the Action Peoples Party (APP) against RISIEC, the state government and the governor

    In the order issued by the presiding Judge, L.P.C Igwe, the court said in line with section 7 sub section 1 of the Constitution, the state government and Fubara were bound to make adequate provisions for the elections to ensure that the affairs of the local government councils in the state were conducted by democratically elected officials.

    The judge said in view of the section 7, sub section 1, Section 5A of RISIEC, Law number 2 of 2018; the decision of the Supreme Court of July 11th, 2024 and expiration of the tenure of the former democratically elected local government councils in Rivers State on June 17th, 2024, the defendants were bound to conduct the poll.

    The judge insisted that the elections must be conducted in the shortest possible time to comply with the judgement of the apex court.

    In view of the Supreme Court judgement and all the cited provisions of the Constitution and RISIEC Law, the court ruled that RISIEC was entitled to use the national register of voters for the 2023 general elections compiled by INEC and already in the custody of RISIEC to conduct the poll.

    Besides, the court said that in line with the Supreme Court’s decision that all states without democratically elected local government must do so within three months of the judgement, the defendants were bound to conduct the elections before rhw expiration of the three-month window.

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    The court said, “That an order of mandatory Injunction be and is hereby issued compelling the 2nd and 3rd Defendant by themselves, or by their agents, privies, servants or representatives and proxies to make adequate provision for election into the Local Government Council in Rivers State and to ensure that the affairs of the Local Government Councils in Rivers State are Conducted by Democratically Elected Local Government Councils.

    “That it is further ordered that mandatory injunction be and is hereby issued compelling the 1st Defendant to conduct election into Local Government Councils of Rivers State on the 5th Day of October, 2024 or on any other date fixed by the 1st Defendant in accordance with its Electoral Guidelines in order to comply with the aforesaid Judgment of the Supreme Court of Nigeria and to take all necessary steps towards the conduct of the said Elections including sale of forms to candidates and their parties, Including the Claimant who is interested in sponsoring candidates for offices in the Local Government Councils.

    “That an order of mandatory injunction be and is hereby further issued directing or commanding the 1st Defendant to utilize the National Register of Voters for the 2023 General Election compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9 (1)(a), (4) to (6) of the Electoral Act, 2022 to conduct Election into the twenty-three (23) Local Government Councils of Rivers State.

    “That the Nigeria Police Force, the Nigeria Security and Civil Defense Corps, the Nigeria Army and all other Security Agencies and Paramilitary Organizations are hereby ordered to provide adequate security and ensure maintenance of peace, law and order during and after the Election.”

  • Plateau youths split over council election, head to court

    Plateau youths split over council election, head to court

    A cold war is brewing within the ranks of the Plateau State Youth Council (PYC) as an unresolved crisis led to a stalemate during its council election held last Wednesday has led to different factions.

    Comrade Naman Dapar was declared winner of the election with 99 votes with Mercy Noro Pam as his deputy.

    However, a group of youths expressed total dissatisfaction over the conduct of the election, threatening legal action as a result.

    The opposition group led by Nensok Peter said, “We, the Coalition of Plateau State Youth Council (PYC) aspirants, gather today to express our utmost dissatisfaction and disillusionment with the electoral process leading up to the PYC elections, held on September 25, 2024.

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    “We are compelled to bring to the attention of Plateau State and the world at large the notorious and sinister acts of illegality perpetrated by the electoral committee. These actions undermine the fundamental principles of fairness, transparency, and accountability.”

    He noted that the gross rascality and lawlessness exhibited by the electoral committee, evident in the deployment of armed men to intimidate aspirants and members.

    “The deliberate exclusion of local government chairmen from the electoral process in at least 10 Local Government Areas (LGAs), contrary to established norms, and the lack of transparency in candidate and delegate selection, with the list of qualified candidates and delegates unavailable to aspirants even on the eve of the election.”

    The group therefore demanded for outright nullification of the election conducted on the 25th of September 2024.

  • Court remands four over fake publications, cyberstalking of GTCO GCEO

    Court remands four over fake publications, cyberstalking of GTCO GCEO

    A federal High Court sitting in Lagos presided over by Justice Ayokule has remanded four persons over alleged cyberstalking and spreading of false information aimed at insulting the Group Chief Executive Officer (GCEO) of Guaranty Trust Holding PLC, Mr. Segun Agbaje.

    Justice Faji remanded the four accused persons, Precious Eze, male (38); Olawale Rotimi, male (47); Rowland Olonishu and Seun Odunlami, in the Ikoyi facility of the Nigerian  Correctional Service Centre, after they were arraigned before the court on a two count charge, of cyberstalking and spreading false information, by men of the Police Special Fraud Unit, Milverton, Ikoyi, Lagos.

    The Police had in the amended charge dated 26th day of September, 2024 alleged among others , that the four defendants, sometimes in August 2024 in Lagos did conspire amongst themselves to commit a felony to wit: cyberstalking, and thereby committed an offence punishable under section 27 of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended in 2024.

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    The four defendants were also alleged to have knowingly sent false messages or publications in social media, through a computer or network to the general public as follows  ‘EFCC, FIRS storm GTBanks over Segun Agbaje’s N1 trillion scam’   and ‘Whistle Blowers Expose Segun Agbaje Nepotism, Power Play, Enrich Himself and Sister, Kofo Dosekunn,’ among other publications, for the purpose of  insulting the Group Chief Executive Officer of Guaranty Trust Holding Company Plc, Mr. Segun Agbaje or for the purpose of causing criminal intimidation, annoyance ill will, needless anxiety, injury or hatred to him and thereby committed an offence contrary to and punishable under section 24 (1) (b) of the Cybercrimes ( Prohibition/Prevention, etc) Act,2015 , as amended in 2024.

    When the matter came up for trial, police prosecutor from Police Special Fraud Unit (SFU), Mr. Emmanuel Jackson leading Mr Justine Enang, told the court that the prosecution had a two-count amended charge and prayed the court to allow the charge to be read so that the defendants could take their plea

    Following the reading of the charge and the defendants pleaded not guilty to same, the prosecutor, Emmanuel Jackson asked the court for a trial date and the remand of the defendants in the facility of the Nigeria Correctional Service Centre pending trial

    However, counsel to the defendants, Mr. O.A Afolabi  told the court that why he was not objecting to a trial date as submitted by the prosecution, he added that he had a motion for bail on behalf of two of the defendants and was ready to move the same.