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Tag: Court

  • Alleged N8.4m fraud: Court orders property developer’s arrest

    Alleged N8.4m fraud: Court orders property developer’s arrest

    A Yaba Magistrate Court in Lagos has issued an arrest warrant against a 49-year-old self-acclaimed property developer, Abiola Afolabi Sarafadeen.

    It is over his failure to appear to face trial on charges of fraud and stealing levelled against him by the police.

    The defendant was arraigned before Chief Magistrate Ademola Olatunbosun in a charge marked A/124/2023 on September 20, 2023.

    He was accused of obtaining by false pretence and stealing N8.4 million.

    The prosecution said Sarafadeen fraudulently obtained the money from Monsurat Shobowale Olabisi, with the pretence of building three units of bedroom flat for her, a presentation the prosecution said he knew to be false.

    The offences, according to the prosecutor, Mrs. Rita Momah, a Superintendent of Police, contravene sections 314 and 287 of the Criminal Laws of Lagos state of Nigeria 2015, and are punishable under the same Laws.

    Sarafadeen denied the allegations and pleaded not guilty to the charges.

    Following his not-guilty plea, he was granted bail for N1 million with two sureties in like sum.

    Chief Magistrate Olatunbosun also ordered that the sureties must be gainfully employed, with evidence of three-year tax payment.

    Momah informed the court that the defendant had flagrantly refused to appear before the court for trial since being granted bail.

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    She prayed the court to issue a bench warrant against the defendant.

    Chief Magistrate Olatunbosun acceded to the prosecutor’s request and held: “The defendant is placed on a bench warrant and surety to show cause.”

    The charges read: “That you Abiola Afolabi Sharafadeen ‘m’ on 22nd March 2021 in the Lagos Magisterial District did obtain the sum of N8,400,000 from one Monsurat Shobowale Olabisi ‘f’ under the pretence that you are going to build three units of bedroom flat knowing same to be false and thereby committed an offence punishable under Section 314 of Criminal Laws of Lagos state of Nigeria 2015.

    “That you Abiola Afolabi Sharafadeen ‘m’ on the same date, time and place in the aforementioned Magisterial District did steal the sum of N8,400,000 property of Monsurat Shobowale Olabisi’ ‘f’ and thereby committed an offence punishable under Section 287 of Criminal Laws of Lagos State of Nigeria 2015.”

    The case has been adjourned till April 10 for mention.  

  • Appeal Court affirms bankers’ conviction over N855m fraud

    Appeal Court affirms bankers’ conviction over N855m fraud

    The Court of Appeal, Lagos Division, has affirmed the judgment of a Lagos State High Court, which sentenced two officials of a bank to five years imprisonment for N855 million fraud.

    The appellate court, in a unanimous judgment delivered yesterday by Justice Folasade Ojo, held that the separate appeals filed by the bankers against their conviction by Justice Kudirat Jose were lacking in merit.

    Other judges on the panel – Justice Olukayode Bada and Justice Paul Bassi – agreed with the judgment.

    The appellate court resolved the three issues formulated for determination in favour of the Economic and Financial Crimes Commission (EFCC).

    Justice Jose, on December 9, 2019, jailed the bankers on an amended 15-count charge of conspiracy and obtaining money by false pretense brought against them by the EFCC.

    The judge had sentenced them to five years imprisonment each on counts 1, 3, 4, 7, 9, 10 and 13 bordering on stealing. She also convicted an Indian businessman, Ashok Israni, his company NULEC Industries Limited and the bank.

    The company and the bank were ordered to pay a fine of N20 million to the Federal Government on counts one, 10 and 13.

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    But dissatisfied with the judgment, the two bankers approached the appeal court arguing that their right to a fair hearing was breached because the further amended charge was introduced after the close of evidence.

    They also argued that the lower court went outside its jurisdiction by exceeding the maximum punishment prescribed by Section 390 of the Lagos State Criminal Code Law, Cap. 17, Vol. 2, Laws of Lagos State under which they were charged.

    The appellants also contended that the entire transactions leading to their conviction were purely civil and between third parties different from him.

    But the EFCC, through its lawyer, Rotimi Jacobs (SAN), argued that the appellants did not challenge the further amended charge during trial and that the Criminal Code Law of Lagos State permits the court to sentence a convict up to five years imprisonment if the thing stolen is worth N1,000.

  • N855m fraud: Court okays bankers’ conviction

    N855m fraud: Court okays bankers’ conviction

    A court of Appeal in Lagos has upheld the judgment of Justice Kudirat Jose of the state High Court, which sentenced two bankers – Anayo Nwosu and Olajide Oshodi – to a five-year term for N855 million fraud.

    In a unanimous judgment by Justice Folasade Ojo, the appellate court dismissed appeals by Nwosu and Oshodi challenging their conviction.

    The judgment, endorsed by Justice Olukayode Bada and Justice Paul Bassi, resolved the three issues for determination in favour of the Economic and Financial Crimes Commission (EFCC).

    Justice Jose, on December 9, 2019, sentenced Nwosu and Oshodi, employees of Keystone Bank, to five years’ imprisonment for stealing.

    The judge also convicted Indian businessman, Ashok Israni, his firm, NULEC Industries, and Keystone Bank.

    NULEC and Keystone are  to pay N20 million to government on counts one, 10, 13.

    Dissatisfied with the verdict, the duo appealed, arguing their right to fair hearing was breached because the amended charge was introduced after close of evidence.

    Justice Ojo held that the trial court complied with the law and that there was no merit in their argument that the amendment breached their right to fair hearing.

    She held: “I have examined the appeal record, and I agree with the lower court that the ingredients of counts 1 and 3 of the Amended Information were established by the first respondent (EFCC).

    “It is not in doubt that the appellants introduced the private placement of the shares of the fourth respondent (Keystone) to the 11th prose- cution witness (complainant), which made him part with a considerable sum of money.

    “I believe the appellants come within definition of a promoter as contemplated on Section 436 (b) of the Criminal Code Law, and I so hold.

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    “The appellants induced PW11 (complainant) into this transaction, over which their bank commended them.

    “I resolve this issue against the appellants as the lower court was correct to have convicted and sentenced the appellants on counts 10 & 13 of the Amended Information.

    “Having resolved all three issues in this appeal against the appellants, the coňclusion is that the appeal lacks merit and deserves to be dismissed. The instant appeal is dismissed for lack of merit.

    “The Judgment of the High Court of Lagos State, Ikeja Judicial Division in SUIT NO. ID/112C/2012 is at this moment affirmed,” Justice Ojo held

    The appellants also argued that the lower court went outside its jurisdiction by exceeding the punishment prescribed by Section 390 of Lagos State Criminal Code Law.

  • Court restrains Nollywood actress from defaming MC Oluomo

    Court restrains Nollywood actress from defaming MC Oluomo

    An Ikeja High Court has restrained Nollywood actress, Mariam Muftaudeen, also known as Omo VC, from defaming Chairman of the Lagos State Park Management Board, Alhaji Musiliu Akinsanya, popularly known as MC Oluomo.

    Justice M. Dawodu made the order after hearing a Motion Exparte marked filed by Akinsanya through his lawyer, Adedotun Ajulo.

    In a Certified True Copy (CTC) of the proceedings dated March 14, Justice Dawodu said the order shall elapse after 21 days.

    The suit sought, among others, to prevent Ms. Muftaudeen from further publishing allegedly defamatory videos or articles about MC Oluomo pending the determination of the case.

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    Following the commencement of proceedings on March 14, and after hearing Ajulo, Justice Dawodu granted the application.

    He said: “The respondent is hereby restrained from further releasing defamatory videos and/or further publishing libelous articles against the applicant pending the hearing and determination of the applicant’s originating summons against the respondent. This order shall lapse after 21 days from the date of issue.

    “Leave is hereby granted to the applicant to serve the Memorandum of Claim, and the Enrolled Order of the ruling of the Court delivered on March 14, 2024, on the respondent by substituted means through the Sheriff of the Court through the respondent’s WhatsApp Number, through her Instagram Handle; @omovc, and by publication in a national daily newspaper.”

    It was gathered that Ms. Muftaudeen, in an Instagram post she made in February, accused Akinsanya of threatening her life and that of her daughter. She claimed to have a daughter with Akinsanya, alleging he failed to support and provide for the child’s welfare.

    She also alleged that Akinsanya ordered his security personnel to shoot at her during a visit to his residence.

    But Akinsanya denied knowledge of any child between them, saying they had separated about two years ago and he was unaware of any child until the recent claims surfaced.

    He emphasised that such accusations were defamatory and politically motivated, especially given the upcoming elections within the transportation industry.

  • SAN: Supreme Court should determine Assembly election petitions

    SAN: Supreme Court should determine Assembly election petitions

    A Senior Advocate of Nigeria (SAN), Mr Olalekan Ojo, has called for an amendment to the law empowering the Court of Appeal as the final determiner of House of Assembly election petitions.

    Ojo, in an interview with the News Agency of Nigeria (NAN) in Ibadan, suggested that such powers should be vested in the Supreme Court.

    NAN reports that the constitutional lawyer spoke against the sacking of the 16 members of the assembly elected on the platform of the Peoples Democratic Party (PDP) by the appellate court, which deemed their party primaries defective.

    However, the Supreme Court declared Gov. Caleb Mutfwang, the PDP candidate, as the true winner of the 2023 governorship election in the state.

    NAN reports that the development has generated tension, with the aggrieved sacked lawmakers seeing the Court of Appeal judgment as a miscarriage of justice and attempting to forcibly resume duties at the assembly.

    Ojo, who described the case of the PDP lawmakers as a ‘remediless injury’, said the situation had called for the need to empower the Supreme Court to be the final determiner of House of Assembly election petitions.

    This, he said, had become necessary to guard against this kind of logjam.

    “It is better not to allow the Court of Appeal to be the final court to determine House of Assembly election petitions because of situations like this.

    “No matter how unpalatable the decision of the appeal court may be, it is the final determiner of the House of Assembly election petitions.

    “Unfortunately, the House of Assembly members who were sacked don’t have the law on their side because there is no right of further appeal for them.

    “There is a popular saying that where there is any wrong or injury, there is a remedy.

    “But what is happening in Plateau is an exception to that saying, as the constitution says that they don’t have a right of further appeal.

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    “This is one of the reasons the appeal court’s decisions should not be the final in any case because the sacked lawmakers would have appealed the judgment if there had been such an opportunity.

    “Their case is like appealing against the pronouncement of the Supreme Court; it cannot stand,” he said.

    The legal expert, however, advised the sacked lawmakers not to resort to the use of force in achieving their aim.

    “The situation in which they have found themselves is a remediless injury and it is a pity.

    “I think that they should rather appeal to their governor to compensate them with some other things,” he said.

    A professor of African History at the University of Ibadan, Isaac Albert, expressed sadness that judicial pronouncements, especially on electoral matters, were usually characterised by confusion and bitter memories in Nigeria.

    “It is obvious that the judgment of the Appeal Court on the House of Assembly members is wrong, but unfortunately, nobody has any solution to it.

    “I think the judiciary is not helping in the consolidation of democracy in Nigeria, judging from the series of conflicting decisions made by them.”

  • Airport: Group drags Ekiti govt to court, seeks financial details

    Airport: Group drags Ekiti govt to court, seeks financial details

    A socio-political pressure group under the aegis of Ekiti Patriotic Consultative Forum (EPCF) has dragged the Ekiti state government to the High Court, Ado -Ekiti, the state capital over the state cargo airport.

    The group approached the court for an order of Mandamus compelling the state government to release to it all document including the financial records and loans, relating to the Ekiti Cargo Airport project.

    The motion – exparte for the request for the order of Mandamus, was filed before the state High Court on 28th March, 2024, in suit No- HAD//352m/2024 , between the group and the government.

    The governor, Attorney General and Commissioner for Justice, as well as the Accountant General of the state, are defendants in the Mandamus suit, instituted, but no date had been fixed for hearing yet.

    The group disclosed this in a statement and court processes made available to journalists in Ado-Ekiti, by its Lead Solicitor, Barr. Oluwagbenga Babawibe.

    Babawibe said the request for document including the financial records and loans concerning the airport project was made, in pursuant to the provisions of the Ekiti State Freedom of Information Law, 2011.

    He said his law firm, Urban Attorneys & Solicitors, acting for the forum, had since November 22, 2023, written a letter to the government, through the Secretary to the State Government, Commissioner for Justice and Attorney General, as well the State Accountant General requesting for all the said documents, but without any action.

    He said when the letter was written in 2023, the group had given a seven-day ultimatum, within which the request should be accessed, and also warned then, that failure to act on it, would force the group into approaching the court to compel government to act.

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    He however regretted that up till now, despite all the threats, no response had been received from the government, hence the decision to resort to the court, to force government to act on the said request.

    According to him, documents being demanded include; certify true copy of the entire contracts, including information on the loans obtained for the said project, and information on all funds, disbursed on the project so far, from the treasury of the state.

    In an affidavit, in support of the said motion exparte, Tope Kolawole, also a legal practitioner in the same law firm, said the Ekiti Patriotic Consultative Forum, is comprised of highly responsible Ekiti indigenes, who are always working towards the development and growth of Ekiti.

    Kolawe said that the latest action by the group, had become necessary, for want of probity, accountability, and effective management of public funds.

    He noted that the group, which has the right to know how public fund is spent, had no option than to apply for leave of the court, to file for the said order of mandamus, after all subtle means at getting the relevant documents, failed to yield results.

  • Alleged NYSC certificate forgery: Court grants N50m bail to Bayelsa senator

    Alleged NYSC certificate forgery: Court grants N50m bail to Bayelsa senator

    A High Court of the Federal Capital Territory (FCT) in Apo on Thursday granted bail to the Senator Benson Konbowei (Bayelsa Central) at N50million.

    Konbowei was arraigned on March 26 on a three-count charge in which he was among others, accused of  forging of the National Youth Service Corps. He was allowed to go home pending the ruling on his bail application.

    Delivering the ruling on Thursday, Justice Christopher Oba said he was mindful of granting bail to Konbowei and proceeded to admit him to bail at N50m.

    Justice Oba said: “The law is settled that bail is at the discretion of the court. Taking a look at the matter, it is not a capital offence.

    “Bail is granted to the defendant at N50m with  two sureties in like sum.”

    The judge said the sureties must have landed property within the court’s jurisdiction with  authentic Certificates of Occupancy (C-of-O).

    He rejected an oral application by the defendant’s lawyer, Gordy Uche (SAN) that he be allowed to write an undertaking to produce the senator in court till he is able to perfect the bail. 

    Justice Oba ordered that the defendant be remanded in prison until he is able to meet the conditions attached to the bail granted him.

    Earlier, the prosecution called a witness, a former Senator  Moses Cleopas said he wrote the defendant’s primary school and discovered some inconsistencies in his certificate.

     Led in evidence by prosecuting lawyer,  Reuben Egwuaba sought to tender the letter and the response as exhibits, but Uche objected. 

    Uche argued that the  documents were not relevant to the charges preferred against the defendant.

    He noted that “count one deals with fraudulent forgery of the exemption certificate. There was nowhere his first school leaving certificate was mentioned. Sections 4, 5 7, and 9 of the Evidence Act have settled this.

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    “Also, these documents were not signed and not dated. An unsigned document is worthless in law. It doesn’t pass the test of admissibility. It also has no name of the officer who signed it.

    “It contains no evidence that any money was paid to get the certified copies of the documents.”

    Responding, Egwuaba said the documents were a response to a letter the witness wrote.

    He added: “They are original copies of a letter addressed to Moses, a private individual. A letter issued from a public office to an individual cannot be certified. A photocopy can be tendered if the foundation is laid for it. 

    ”Attached to the letter were private documents.  It does not need to be certified. Count three is relevant to the document we seek to tender.

    “He (the defendant) lied on oath to INEC. Also, the primary school certificate was frontloaded in their process and also included in their proof of evidence.

    “We will amend our charge. We urged me to discountenance his (Uche’s) objections.”

    Ruling, Justice Oba overruled Uche and admitted the documents as exhibits. The judge adjourned further hearing till June 24.

  • Alleged NYSC certificate forgery: Court admits Sen Benson Konbowei to N50m bail

    Alleged NYSC certificate forgery: Court admits Sen Benson Konbowei to N50m bail

    A High Court of Federal Capital Territory (FCT) on Thursday admitted Sen. Benson Konbowei (PDP Bayelsa) bail in the sum of N50million.

    Konbowei, who represents  Bayelsa Central Senatorial, was earlier arraigned on a- three – court charge bordering on forging National Youth Service Corps exemption certificate among others.

    The counsel for the police, Mr Reuben Egwaba, had opposed the bail application for the defendant.

    He noted that the defendant would interfere with his trial if granted bail.

    “While the charge was filed, the defendant took several steps to interfere with the matter.

    ” He also wrote a lot of petitions against me to truncate the matter. We urge my lord to refuse the application” he urged the court.

    The counsel for the defendant, Mr Gordy Uche , SAN urged the court to grant his client bail, assuring the court he would not jump bail if granted one.

    Ruling on the bail application, the trial judge, Justice Christopher Oba, said the defendant must provide two sureties in the like sum who must have a landed properties in the Federal Capital Territory.

    Oba said the Certificate of Ownership (C of O) of the sureties must be confirmed to be authentic.

    He, however, ordered that the senator be remanded in Kuje correctional facility pending the perfection of his bail conditions.

    “The law is settled that bail is at the discretion of the court. Taking a look at the matter it is not a capital offence.

    The judge then declined an oral application moved by the defendant’s lawyer to write an undertaken to produce the senator in court till he perfects his bail.

    He subsequently, adjourned the matter until June 24, for hearing.

    Earlier, a former senator Moses Cleopas, while being led in evidence by the prosecution counsel admitted to writing the defendant’s primary school and discovered some inconsistency in his certificate.

    Egwaba sought to tender the letter and the response as exhibits, but the defendant’s lawyer objected.

    ” This document is not relevant to the charges preferred against the defendant. Count one deals with fraudulent forgery of the exemption certificate.

    ” There was nowhere his first school leaving certificate was mentioned. Sections 4, 5 7, and 9 of the Evidence Act have settled this. Also, these documents were not signed and not dated.

    ” An unsigned document is worthless in law. It doesn’t pass the test of admissibility. It also has no name of the officer who signed it. It contains no evidence that any money was paid to get the certified copies of the documents” he told court.

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    But Egwaba said the documents set to be tendered were a response to a letter the former senator wrote.

    “There are original copies of a letter addressed to Moses, a private individual. A letter issued from a public office to an individual cannot be certified. A photocopy can be tendered if the foundation is laid for it.

    ”Attached to the letter were private documents. It does not need to be certified. Count three is relevant to the document we seek to tender. He lied on oath to INEC.

    ” Also, the primary school certificate was frontloaded in their process and also included in their proof of evidence. We will amend our charges. We urged me to discount his objections. This document shows that he is a serial forger” he told the court.

    The trial judge overruled Uche and admitted the documents as exhibits. (NAN)

  • Court orders arrest of C & S prophet, Elewuogbo for jumping bail

    Court orders arrest of C & S prophet, Elewuogbo for jumping bail

    Justice Olaolu Olanipekun of the Oyo State Magistrate Court Seven sitting in Iyaganku, Ibadan has issued a bench warrant for the arrest of a Cherubim and Seraphim (C&S) church, Prophet Ojo Amos (a.k.a Elewuogbo).

    Justice Olanipekun ordered that Elewuogbo and his two sureties be arrested and detained till the next adjournment date for refusing to present himself in court after being granted bail.

    Prophet Elewuogbo is currently standing trial before the court over alleged defamation of the character of the Founder of One Love Family, Sat Guru Maharaji.

    Elewuogbo and a Lagos-based blogger, Gbenga Dan Asabe, had through media publications accused Maharaj Ji of selling human body parts for money ritual purposes.

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    The court also granted the request for the consolidation of the cases against Elewuogbo and Dan Asabe brought by Maharaj Ji’s counsel, Dapo Akinosi.

    Akinosi had prayed the court that since the facts of the two cases are related, it would be better if they were merged.

    The court granted the application and adjourned the case till 30th of April, 2024.

  • Court remands two businessmen over alleged N2.8b laundering

    Court remands two businessmen over alleged N2.8b laundering

    A Ikeja High Court yesterday remanded two businessmen, Akeem Adekunle and Kayode Olusola Ayodeji, in the custody of Nigeria Correctional Service over alleged conspiracy and money laundering to the tune of N2.8 billion.

    Justice Ismail Ijelu ordered that the defendants be remanded in correctional facility after their arraignment by the Financial Crimes Commission (EFCC).

    The defendants were arraigned on an amended three-count charge of money laundering and conspiracy to launder funds obtained through unlawful activity.

    The prosecuting counsel, Suleiman Suleiman, told the court that Adekunle and Ayodeji, with others also at large, between September 21, 2023 and October 4, 2023, in Lagos, conspired to commit felony to wit ‘transferring property derived from illegal act to the tune of N2,737,784,800.00 from the unlawful activity of Afolabi Olushola Sunday, with the aim of disguising the illegal origin of same’.

    The prosecution listed those at large to include Odunayo Rashidat Popoola and Afolabi Olushola Sunday aka ‘Asiwaju Something’.

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    The prosecution also said Adekunle, sometime in June 2023 in Lagos, procured one Esther Titilayo to open an Access Bank account with the intent of promoting Afolabi Olushola Sunday in carrying on with stealing”

    But the defendants pleaded not guilty to the charges.

    Following their plea, the prosecution counsel prayed the court for a trial date and the court to remand the defendants in correctional center pending the determination of the charge.

    However, the first defendant counsel, Grace Adenubi, prayed for a stand down of the case for her to file bail application, a request declined by the court.

    Counsel to the 2nd defendants, Catherine Nwagbara, told the court that she wanted to file bail applications for her client.

    She prayed the court for a short adjournment to file and serve the prosecution the bail application.