Tag: Court

An actress, Oluwadarasimi Omoseyin, has been sentenced to six months in jail by Justice Chukwujekwu Aneke of the Federal High Court sitting in Ikoyi, Lagos for stepping on and spraying the new Naira notes at a social gathering in Lagos.

The Economic and Financial Crimes Commission (EFCC) reported her conviction in a statement on its X page on Thursday.

The anti-graft agency said: “She was first arraigned on February 13, 2023, by the Lagos Zonal Command of the Economic and Financial Crimes Commission, EFCC, on two-count charges, to which she pleaded “not guilty”.

She was subsequently granted bail on February 15, 2023.

The statement reads partly: “That you, Oluwadarasimi Omoseyin, on the 28th day of January 2023, at Monarch Event Centre, Lekki, Lagos, within the jurisdiction of this Honourable Court, whilst dancing during a social occasion tampered with the sum of N100,000.00 (One Hundred Thousand Naira) issued by the Central Bank of Nigeria by spraying same in the said occasion and you thereby committed an offence contrary to and punishable under Section 21(1) of the Central Bank Act, 2007.”

At the resumed hearing on Thursday, Omoseyin changed her “not guilty” plea to “guilty” because of the overwhelming evidence against her.

Read Also: Court judgment: Lalong cautions APC stakeholders against chaos

Following her “guilty plea”, the prosecution counsel, Z.B. Atiku called Abubakar Mohammed Marafa, an operative of the EFCC to review the facts of the matter.

Marafa recalled that “the defendant was arrested by officers of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on February 1, 2023, and was handed over to the Commission on February 2, 2023, for further investigation.“

“The defendant was processed and the videos of where she sprayed the money was found on her phone. Also, further investigations were carried out and the management of the event centre was invited. They also brought in the video footage of the said event.”

Judge Aneke delivered the verdict, sentencing the defendant to six months in jail, starting on Thursday, with the option to pay a fine of N300,000.00 into the Federation’s Consolidated revenue account.

• Senator’s bank investment ordered to be forfeited

A Federal High Court in Abuja has order ed the senator representing Anambra Central, Victor Umeh, to pay N135,722,303.40 along with accrued interest to the Asset Management Corporation of Nigeria (AMCON) over his unpaid bank loan.

Justice Inyang Ekwo issued the order in a judgment delivered on Monday in a suit filed by AMCON.

Justice Ekwo, who declared that Umeh was actually indebted to AMCON, issued an order directing the forfeiture of the senator’s 5,000,000 units of Skye Bank shares in the records of the Central Securities and Clearing System to AMCON.

The judge also awarded a cost of N2 million in favour of AMCON and against Umeh, who is currently the Chairman of the Senate Committee on Diaspora.

A court documents filed by AMCON showed that Umeh got a loan of N23,250,000.00 from the now defunct Skye Bank in January 2008 “to enable him invest in and purchase shares of a financial institution in Nigeria”.

The document added: “The tenor of the credit facility granted the defendant was specifically fixed for 356 days.

“The offer letter contained various other explicit terms and conditions which the defendant accepted by duly executing the memorandum of acceptance.

“The defendant utilised the funds granted to him as credit facility by the bank. However, at the expiration of the tenor of the facility, the defendant failed and neglected to liquidate the credit facility as per the contract.”

AMCON averred that it later acquired the unpaid debt when Skye Bank could not make Umeh to repay his loan.

The corporation explained that its suit was meant to recover the debt, which stood at N135,722,303.40k as at April 2011.

In his judgment, Justice Ekwo held that despite being served with court documents on the case, Umeh failed to file any response or make any effort to enter a defence.

Read Also: Court to hear Atiku’s ex-aide’s suit against PDP chairman, others February 8

The judge added that despite Umeh’s failure to file a defence, the plaintiff proved its case through the evidence it presented.

He held that by the evidence presented by the plaintiff, “the indebtedness of the defendant has been proved”.

Justice Ekwo added: “I find that the plaintiff has established its case by preponderance of evidence, as required by law.

“Consequently, judgment is entered per terms as follows:

* “A declaration is hereby made that the defendant is indebted to the plaintiff, in the sum of N135,722,303.40, representing the principal debt sum plus all the accrued interest and charges, at the rate of 15 per cent per annum drawn up to January 25, 2021, being the sum due and outstanding from the defendant to the plaintiff.

 * “A declaration is hereby made mandating the defendant to pay to the plaintiff the sum of N135,722,303.40, representing the principal debt sum, plus all the accrued interest and charges at the rate of 15 per cent per annum drawn up to January 25, 2021, in settlement of the debt due and outstanding from the defendant to the plaintiff,”  among others.        

A Federal High Court in Abuja has scheduled a hearing for February 8 on a suit brought against the national chairman of the Peoples Democratic Party (PDP), Umar Damagum and other national leaders of the party.

The suit, marked: FHC/ABJ/CS/70/2024 was filed by a chieftain of the party and one-time spokesman of the candidate of the PDP in the last presidential election, Atiku Abubakar, Segun Sowunmi.

Sowunmi, a former governorship candidate of the PDP in Ogun state, wants the court to among others restrain Damagum and other national leaders of the PDP from further acting in their official capacities given their alleged failure to convene the mandatory National Executive Committee (NEC) meeting for over a year now.

He stated that since the meeting was last held on September 8, 2022, during the tenure of the sacked Chairman, Iyorchia Ayu, the new leadership under Damagum has failed to convene NEC meetings to enable its members to review the party’s activities, take critical decisions and plan for future elections, despite demands by concerned party members.

At the mention of the case on Tuesday, the plaintiff’s lawyer, Anderson Asemota told the court that the matter was coming up for the first time and that the plaintiff has not been able to effect service of court documents on all the defendants.

“My lord, it is based on this that I have filed a motion for substituted service, unfortunately, it is not in the records of the court.

“In view of this, we shall be asking for a short date to enable us take our motion for substituted service,” Asemota added.

Ruling, Justice Mobolaji Olajuwon directed Asemota to make another attempt at serving the remaining defendants personally and give a report of service on the next adjourned date.

Justice Olajuwon then adjourned till February 8 for a report of service or for the plaintiff to present his argument on the motion for substituted service.

Listed with Damagum as defendants in the suit are the PDP, Senator Samuel Anyanwu (National Secretary), Umar Nature (National Organizing Secretary), Okechukwu Daniel (National Auditor), Ahmed Yayari (National Treasurer), Muhammed Kadade (National Youth Leader) and the Independent National Electoral Commission (INEC).

Sowumi is contending that not only did the failure of the party’s leadership to hold NEC meeting violate the party’s constitution, it is inimical to the progress of the party and threatens his fortune and those of other members, who plan to contest future elections

He stated, in a supporting affidavit that since the party participated in the last governorship elections in Bayelsa, Kogi and Imo states, the reports of the elections have not been presented to the party as required.

He added that elections are coming up in Edo and Ondo state elections and the party needs to also plan and prepare ahead, “which preparation and planning can only be done at the meeting of the members of the NEC.

Sowumi stated that “by the provisions of Articles 31(2)(4) &(5) of the party’s constitution, Damagum and leaders of the PDP “are obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the NEC of the PDP at which they shall present proposed guidelines and regulations governing the conduct of elections to the party offices at all levels, and procedure of selecting party candidates for elective offices to the members of the NEC.

He added that “there are other critical issues which the party need to discuss during the NEC meeting.

“The NEC is saddled with the responsibility of fixing and approving the date for the party’s National Convention which is the highest decision-making organ of the party.

“The NEC is the organ that would determine when the convention will hold, organize and what will transpire there.

“By their conduct and actions aforesaid the 2nd to 7th defendants are acting in breach and violation of the constitution of the 1st defendant (PDP) and the provision of the Electoral Act, 2022 which may have fatal consequences for the smooth and continuous running of the 1st defendant as a political party in Nigeria,” he said.

Read Also: Court orders Senator Umeh to repay N136m bank debt with interest to AMCON

Sowunmi wants the court to among others, issue an order of perpetual injunction restraining Damagum and others, including their agents “from functioning or continuing to function or discharge the functions of their offices until they call for or cause to be called and held meeting of the NEC of the PDP in total fidelity and obeisance to the PDP constitution.”

He also wants the court to order the party’s leadership “to immediately call for or cause to be called and held the meeting of the National Executive Committee of the PDP to present the activities of the party from the date of the last NEC meeting which was held on 8th September, 2022.”

The plaintiff is equally seeking an order directing Damagum and others “to immediately call for or cause to be called and held the meeting of the NEC of the PDP to present the proposed guidelines and regulations governing the conduct of elections to the party offices at all levels and procedure for selecting party candidates for elective offices to the members of the NEC.”

Justice Emeka Nwite of the Federal High Court, Abuja, has granted bail to Saint Onitsha Mienpamo, a news blogger and owner of the online publication Naija Live TV based in Bayelsa State. 

Mienpamo is facing charges of alleged cyber-stalking in suit no. FJC/ABJ/CR/492/2023, with the Inspector-General of Police as the complainant and Mienapamo as the defendant. 

After his arraignment, Mienpamo was remanded in Kuje Correctional Centre. 

During the bail application hearing, prosecuting counsel, Victor Okoye opposed the bail request, expressing concerns about the defendant’s potential to flee while on bail.

But the defence counsel, Benjamin A. Ogbara, argued that despite the opposition put forward by the prosecution lawyer, which to him was unfounded, the court had the discretional power to admit him to bail.

The presiding Judge, Justice Emeka Nwite, after listening to the submissions of the prosecuting counsel, Victor Okoye, and that of the defence counsel, Benjamin Ogbara, granted bail to Mienpamo pending the determination of the trial.

Justice Nwite, while granting the bail application, however, stated that the defendant had shown that he was willing to defend the case preferred against him and ready to cooperate with the court by not jumping bail. 

He also stated that despite the argument put forward by the prosecution counsel on the possibility of the defendant jumping bail, “there is no concrete evidence before the court to buttress the assertion. And I hereby grant the defendant bail in the interest of justice.” 

The first condition of the bail is the payment of N10m and two sureties in like sum and that one of the sureties shall possess a landed property within the court’s jurisdiction and that the document to the landed property must be verified by the Deputy Registrar of the court.

The second surety must be a responsible citizen of this country and both counsel together with the sureties must each deposit two copies of their recent photographs with the Deputy Registrar of the court.

The bail conditions further indicated “that the residences of the sureties must be verified and confirmed by the registrar of the court.”

Justice Nwite, however, adjourned the case until March 19, 2024, for trial.

Recall that the Federal High Court sitting in Abuja had on November 2, 2023, ordered that Mienpamo be remanded at the Kuje Custodial Centre over alleged defamation and cyberstalking of the Interim Administrator of the Presidential Amnesty Programme (PAP), Major General Barry Ndiomu (rtd.).

The defendant was also accused of three counts of alleged willful libel, threat, and causing danger and insult against Ndiomu.

When the charges were read to him at the commencement of the hearing, Mienpamo had reportedly pleaded ‘not guilty’ to them.