Tag: Court

The Supreme Court has affirmed the sentencing of a man, Theophilus Friday to death by hanging for his involvement in the kidnap, murder and mutilation of a year and half old girl, Rachael Akingboye.

In a judgment on Friday, February 23, a five-member panel of the Supreme Court was unanimous in dismissing the appeal filed by Friday.

Justice Tijjani Abubakar, in the lead judgment on the appeal, marked: SC/CR/1462/2022 held that the appeal was without merit.

Justice Abubakar affirmed the judgment of the Court Appeal, which upheld the March 20, 2014 decision of the High Court of Ondo State, convicting and sentencing Friday and two others – Olusegun Obaro and Jonah Lase to death by hanging.

According to the prosecution, Obaro and Lase kidnapped the victim while she was sleeping beside her mother on the night of June 17, 2011, in their home at Ikorigho in Igbokoda, Ilaje local government area of Ondo state.

Obaro and Lase later handed the kidnapped child to Friday, who was said to have sent them.

Upon discovering her child missing, the mother raised the alarm. After a search was conducted, the victim’s mutilated corpse was later found dumped within the vicinity of her mother’s house.

It was discovered that her right ear, right eye, right breast and right part of her scalp were removed.

Obaro, Lase and Friday were subsequently apprehended by residents of the community, who handed them over to police personnel at the Igbokoda Police Station.

After the police investigation, the three were arraigned before the High Court of Ondo State in Akure on a two-count charge of kidnapping and murder.

They were charged under Section 3 of the Ondo State Anti-Kidnapping and Abduction Law 2010 for the offence of kidnapping and murder, under Section 316 and punishable under Section 319 of the Criminal Code Laws of Ondo State.

They pleaded not guilty during their arraignment, following which a trial was conducted.

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In his judgment on March 20, 2014, Justice Olusegun Odusola of the High Court of Ondo State held that the totality of the evidence before the court showed that the prosecution proved its case beyond reasonable doubt.

Justice Odusola further held the prosecution established that the three defendants were responsible for the death of the deceased.

The judge found the three guilty and convicted them.

He convicted Obaro and Lase on the offences of kidnapping and murder, while Friday was convicted solely on the offence of murder.

The judge said: “The offences for which the accused were charged are strict liability offences.

“Death penalty would be the punishment for each of the counts.

“Having found the 1st and 2nd accused guilty of both counts, the 3rd accused is guilty of murder.

“In sum, I hereby sentence you Olusegun Obaro, Jonah Lase and Theophilus Friday to death by hanging.”

A Federal High Court in Abuja has ordered the Central Bank of Nigeria (CBN) to pay a German, Martin Gegenheimer N63.7million and $10000 awarded against the Nigerian government for his unlawful arrest and detention by men of the Nigerian Immigration Service (NIS).

In a ruling on Thursday, February 22, Justice Inyang Ekwo ordered the CBN to deduct the amount from the federal government’s funds in its custody to settle the debt that arose from a 2021 judgment given against Nigeria by the Court of Justice of the Economic Community of West African States (ECOWAS).

Justice Ekwo rejected CBN’s claim that the Fed Govt’s foreign exchange accounts were currently in deficit, making it impossible to pay the entire judgment sum.

The ruling was on a garnishee proceeding, marked: FHC/ABJ/NJR/M/3/2022 filed and prosecuted for Gegenheimer by his lawyer, Daniel Makolo to enforce the judgment of the ECOWAS Court delivered on March 4, 2021.

Justice Ekwo agreed with Makolo that, as against the contention by the CBN, the ECOWAS Court’s judgments do not qualify as foreign judgment in the strict sense of it and could be enforced by Nigerian courts.

The judge said: “Upon a keen perusal of the provisions of the Foreign Judgments Reciprocal Enforcement (FJRE) Act 2004 it cannot be said that the judgment sought to be enforced in this case, is stricto sensu (in the strict sense) a foreign judgment.

“I agree with the learned counsel for the judgment creditor (Makolo) that, by Article 15 of the Reviewed Treaty of ECOWAS, and Article 24 of the 2005 Supplementary Protocol (which amended the 1991 Protocol), the judgment of ECOWAS Court can be registered and enforced in Nigeria by this court without referring to it as a foreign judgment, in the same manner, that the judgment of any other court in Nigeria can be registered and enforced in this court.”

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Justice Ekwo proceeded to make absolute, the garnishee order nisi he earlier issued against the CBN.

The German, who said he visited Nigeria on a business trip, stated that while returning to Kenya on 23rd February 2020, he was stopped by men of the Nigerian Immigration Service (NIS) at the boarding gate of the Kenya Airways aircraft after all necessary departure formalities were completed.

He said the NIS officials arrested him, seized his passport and detained him in a jam-packed detention cell between February 23, 2020, and March 4, 2020, despite the COVID protocol and without acceptable food as well as medical care.

He subsequently challenged his arrest and detention before the ECOWAS Court, in a suit marked: ECW/CCJ/APP/23/2020.

In the March 4, 2021 judgment, a three-member panel of the sub-regional court, presided over by the court’s president, Justice Edward Amoako Asante, declared Gegenheimer’s arrest and detention illegal.

They ordered the Nigerian government to pay him N53,650,925 as special damages for various losses suffered and costs incurred while under unlawful arrest and detention by the NIS.

The costs, the court said, relate mainly to hotel expenses incurred by the Germans while under forced detention by agents of the Nigerian government.

The court further ordered the Nigerian government to pay him another N10m in general damages as reparation for all violations and moral prejudice suffered for violating his rights, and an additional $10,000 was the expenditure incurred by the applicant to secure his bail.

The ECOWAS Court equally ordered the Nigerian government to remove the German from its watch list and to immediately and unconditionally release his German passport, which was “arbitrarily and unlawfully,” seized by agents of the Nigerian government.

A Federal High Court in Abuja, on Thursday, February 22, declined to grant an order to stop the Peoples Democratic Party (PDP) from proceeding with its scheduled primary election to nominate a candidate for the forthcoming governorship poll in Edo state.

Justice Inyang Ekwo, in rulings on two ex-parte applications, ordered the applicants to put the PDP on notice for the party to attend court on the next date to show the cause why the request by the applicants should not been granted.

The first, marked: FHC /ABJ /CS/ 195/2024 was filed by Adizetu Hadizat Audrey Abosede Adunni Umoru, while the second, marked: FHC /ABJ /CS/ 196/2024 was jointly filed by Moses Adomokha Alabi and Christopher Ebode Oboarere.

Listed as respondents in both suits are – the Independent National Electoral Commission (INEC), PDP, Acting National Chairman, Umar Damagum, Setonji Koshoedo, the National Working Committee (NWC) and National Executive Committee (NEC) of the PDP.

In their applications dated and filed February 19, the applicants want an interim order restraining the defendants from using the list of ward congresses held on February 4, to conduct the PDP’s primary in Edo State, slated for February 22 or any other date pending the hearing and determination of the main suit.

While moving both applications, Magaji Ibrahim (SAN) noted that the primary election would amount to a nullity if allowed to hold, because the process that produced the delegates was defective.

Ibrahim said the PDP trampled upon the judgment of the court delivered on January 9, this year, when the Acting National Secretary of the PDP announced the information of the ward congresses.

He recalled that the court had in the January 9 judgment declared Senator Samuel Anyannwu as the substantive National Secretary of the PDP, adding that rather than comply with the judgment the party went ahead to appoint an Acting National Secretary in flagrant disobedience of the court.

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The applicants claimed that the action of the acting National Secretary amounted to an illegality and by extension the product of the ward congresses held on February 4, 2024.

They therefore prayed to the court to restrain the party and INEC from making use of the list of delegates from the alleged defective congresses.

Ruling, Justice Ekwo noted that the applications are seeking to arrest the conduct of the primary.

He ordered the applicants to put the defendants on notice to enable them to appear before the court and show cause why the relief being sought should not be granted.

The judge then adjourned till February 28 for a hearing.

A cleric Evangelist Adewale Adelu and five others have been sentenced to death by hanging for armed robbery.

They were found guilty of robbing two commercial banks in Akure and Idanre on November 19 and December 8, 2011 in Akure and Idanre.
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Other members of the gang sentenced to death were Ikechuckwu Maduagwu, Fayemi Olubusuyi, Ropo Adeleye, Dele Otopka, and Bayo Omotosho.

The convicts had robbed the Diamond Bank Plc, Akure where they reportedly carted away N30 million and different brand of phones, including other valuable property.

They also robbed the First Bank Plc at Yaba Road, Idanre, where they took away N4million.

The convicts were arraigned on July 14, 2022 on four counts charge of conspiracy, armed robbery, and illegal possession of firearms.

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They were remanded to the Olokuta Correctional Centre after they pleaded not guilty to the charges.

The offences contravene Sections 6b, 1 2a, and b of the Robbery and Firearms (Special Provisions) Act, Cap R11, Vol. 14 Laws of the Federation of Nigeria 2004

Prosecuting  Counsel, F.K Salami told the court that the convicts also attacked a church around Adaba FM, Ilara-Mokin at 12:45 pm, and robbed two pastors, Jeremiah Adanlawo and D.O Ajayi of their cars with number plates JU522EKY and JV322EKY respectively.

One of the prosecution witnesses said the robbers gained entrance into the banking hall while armed with guns.

“We suddenly heard sporadic gunshots in the bank premises. And they thereafter, blasted the entrance of the bank to gain access to the banking hall.

“One of the robbers who was masked, asked me to open the box and he packed away all the money in the box, including naira and dollars. And in the process, a policeman identified as Olowoyelu was shot dead,” the witness said. 

Presiding Judge, Justice Yemi Fasanmi, who handed down the death sentence, said the prosecution proved the offence of armed robbery against all the convicts beyond reasonable doubt.

Justice Fasanmi noted that even no eyewitness and evidence directly linked the defendants to the commission of the crime, the confessional statements of each of the defendants corroborated with the testimonies of the prosecution witnesses, including the evidence of their arrest and how they were arrested.

He held that the offence of conspiracy was proven beyond doubt as the robbery was coordinated via phone call by the second defendant, Evangelist Adelu who resides in Akure.

Justice Fasanmi found the defendants guilty and sentenced them to death by hanging in each of the counts

The Ibadan zonal command of the Economic and Financial Crimes Commission (EFCC) has secured the conviction and sentencing of two undergraduates of Obafemi Awolowo University (OAU) and four others to various jail terms for their involvement in internet fraud.

The undergraduates, Gbolahan Khalid Adesina and Perekebena Olombeni Micah were docked before Justice Nathaniel Ayo-Emmanuel of the Federal High Court, Osogbo on a lone-count separate charge while others were arraigned before Justices O.A. Adetujoye and S.O. Adeyemi of the Oyo State High Court, sitting in Ibadan also on a one- count separate charge.

The other four convicts are Sholagbade Taofeek Olanrewaju, Qudus Olohunnoyin Baba, Akinpelu Quadri Opeyemi and John Oluwafimihan Adeyemo.

Adesinna and Micah were among the 11 undergraduates of OAU arraigned on November 6, 2023, before Justice Nathaniel Ayo-Emmanuel on different count charges, ranging from one to six charges as preferred against them by the EFCC.

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Upon their arraignment on November 6, 2023, they all pleaded not guilty to the charges when it was read to them and the cases were adjourned for trial.

According to the head of media and publicity, Dele Oyewale in a statement, at the resumed proceeding of the matter on Tuesday, February 13, 2024, prosecution counsel, Umar Abiso informed the court that Adesina and Micah were ready to change their pleas. Consequently, they were re-arraigned and pleaded “guilty” when the amended charges were read to them.

One of the charges read: “That you, Gbolahan Khalid Adesina ‘M’ on or about 27th October 2023, at Ile-Ife, Osun State, within the jurisdiction of this Honourable Court, with intent to gain advantage for yourself did fraudulently impersonate one Monkenya Matlock, you pretext you knew to be false and thereby committed an offence contrary to Section 22 (2) (b) (i) and punishable under Section 22 (2) (b) of the Cyber Crimes (Prohibition, Prevention Etc.) Act, 2015.”

Another charge reads: “That you, Perekebena Olombeni Micah sometime in 2023, at Ile-Ife, Osun State within the jurisdiction of this Honourable Court, did fraudulently impersonate the name Chad Frailey through your Facebook account by claiming that you are an American Female in love with your victims in the United States of America with intent to gain advantage for yourself and thereby committed an offence contrary to Section 22 (2) (b) (i) and punishable under Section 22 (b) of the Cyber Crimes (Prohibition, Prevention Etc.) Act, 2015.”

Based on their pleas, Abiso urged the court to convict and sentence them accordingly.

Also, four other convicts pleaded “guilty” to the one count charge filed against them by the EFCC.

After listening to the counsels, Justice Ayo-Emmanuel convicted and sentenced Adesina and Micah to one-year imprisonment each without an option of fine while Olanrewaju, Atanda, Opeyemi, and Adeyemo bagged two weeks of community service each.

The convicts were ordered to restitute their various victims and forfeit all items recovered from them to the federal government of Nigeria.

The convicts bagged their imprisonment when operatives of the EFCC arrested them for internet-related offences.

They impersonated foreigners and defrauded their victims through their false identities. They were found guilty and sentenced to various jail terms.

A Federal High Court in Abuja has barred the Minister of the Federal Capital Territory (FCT), the Federal Capital Development Authority (FCDA) and Arab Contractors Nigeria Limited from further encroaching on an expanse of land allocated to the Centenary Economic City Free Zone along Airport Road in Abuja.

Justice Inyang Ekwo issued the order in a judgment on a suit, marked: FHC/ABJ/CS/2130/2022 filed by Centenary Economic City Free Zone (CECFZ) and Centenary City Free Zone Company (CCFZC).

Listed as defendants in the suit are the President of the Federal Republic of Nigeria (PFRN), the Attorney-General of Federation (AGF), the Nigeria Export Processing Zones Authority (NEPZA), the Minister of Industry, Trade and Investment; the Minister of the FCT, FCTA, FCDA and Arab Contractors.

The Centenary City project was promoted while Goodluck Jonathan was the President and Anyim Pius Anyim was the Secretary to the Government of the Federation (SGF).

The plaintiffs had accused the FCTA of aiding Arab Contractors to convert part of the land allocated to them  to its (Arab Contractors) site yard, without of  authority and without the permission of NEPZA which has  regulatory powers over the land

They added that Arab Contractors defaced and destroyed the master plan of the Centenary Economic City Free Zone and that Arab Contractors now endangers federal government’s assets and investments in the project with its conduct.

Justice Ekwo, in the judgment delivered on February 6, a copy of which The Nation sighted on Monday, held that the plaintiffs effectively proved their case.

The judge added that sufficiently established their case through the exhibits tendered and by the provisions of sections 5 (1) (a) and (b), (2), and (3) (a) and (b), 147, 148, 299 (a) and (b) of the 1999 Constitution; sections 4, 8, 10 (1) and (2) and 13 of the NEPZA Act, and Section 19 of the FCT Act.

Justice Ekwo said: “The plaintiffs are therefore entitled to the claims sought in this case, and I so hold.”

The judge proceeded to issue an  order nullifying and setting aside in its entirety, all executive actions, steps, decisions, and administrative controls, including the forceful encroachment of the premises by Arab Contractors at the instructions of the minister, FCTA and FCDA without the prior consent of the plaintiffs and the overriding approval of Nigeria Export Processing Zones Authority (NEPZA).

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He said the encroachment contradicted Sections 4 and 13 of NEPZA Act Cap N107 LFN 2004, provisions of Section 5 (3) of the 1999 Constitution (as amended), and therefore, was unconstitutional, illegal, unlawful, void and of no effect whatsoever.

Justice Ekwo issued an injunction restraining them from exercising any executive or regulatory control on the zone, “which occupies the Land, measuring 1,264.78 hectares with beacons coordinates: PB57-PB59, PB60-PB69, PB70-PB79, PB80PB89, PB90-PB99 and PB1000-PB104, located at Airport Road, Wawa District, Cadastral Zone E24, FCT, Abuja.”

He further issued an order directing Arab Contractors to immediately vacate the portion of the Centenary Economic City Free Zone, which it illegally occupies at the instructions of the 5th, 6th and 7th defendants (Minister of the FCT, FCTA, FCDA and Arab Contractors) against the provisions of Sections 4 and 13 of NEPZA Act, without the express approval of the NEPZA,” he added.

The judge also ordered Arab Contractors to pay to the plaintiffs, the sum of N100 million only for the forceful invasion and destruction of the plaintiffs’ master plan of the zone, designed by Eagle Hills Properties LLC of the United Arab Emirates (UAE) at a cost of 35 million dollars.

Justice Ekwo equally ordered Arabs Contractors to pay N50million as general damages and N5 million as cost of the suit to the plaintiffs.

Also, Justice Ekwo ordered an interest on the entire judgement sum at the rate of 10 per cent per annum, commencing from the time of the delivery of the judgement till the entire judgement sum is fully liquidated by construction firm.

CCFZC’s Managing Director, Ikechukwu Odenigwe, in a supporting affidavit, explained why his company surd.

Odenigwe stated that CECFZ was licensed as a Free Zone, under NEPZA on September 10, 2014, while CCFZC was licensed as a Free Trade Zone Company on October 10, 2014, during the President Goodluck Jonathan-led government.

Odenigwe added that on December 5, 2022, the Centenary City Project was approved by the Federal Executive Council (FEC).

He said: “Pursuant to the centenary celebration, the Centenary City Pic, a real estate development and investment company was established on April, 2013.

“Land measuring 1,264.78 hectares was allocated to Centenary City Pic., for the development of the Centenary City in the FCT, following a development agreement entered with the FCTA.”

Odenigwe said the recommendation made by the Minister of Trade for the designation of 1,264.78 hectares of land at Wawa District, as the Centenary Economic City Free Zone, FCT, Abuja, was approved by the Presidency.

He added: “The said approval was also communicated to the Managing Director, Centenary City Plc., via a letter dated 16th September, 2014.

“Upon the fulfilment of statutory requirements, a certificate was issued by the NEPZA, licensing Centenary Economic City as a Free Zone.

“The 2nd plaintiff (CCFZC) was also issued an operating license,” he said, adding the the Centenary Economic City Free Zone was designed by Eagles Hills Properties LLC.

Odenigwe claimed that despite its lack of authority and without the permission of NEPZA, which had the regulatory power, the FCTA asked Arab Contractors to convert parts of the Free Zone land to their site yard.