Tag: Court

  • AA candidate heads to Appeal Court over A’Ibom guber election

    AA candidate heads to Appeal Court over A’Ibom guber election

    The Akwa Ibom state governorship candidate of Action Alliance (AA), Prince Jeremiah Udoh Akpan, has approached the Court of Appeal in Calabar to set aside the judgement of the State Governorship Election Petition Tribunal of September 15, 2023.

    Akpan, who is also seeking a nullification of the governorship election of March 18, 2023, has asked the Appelate court to order the Independent National Electoral Commission (INEC) to conduct a rerun.

    According to the Notice of Appeal dated October 4, 2023, filed by P.I Oyewole made available to the Nation, the AA candidate described the tribunal judgement on petition No: EPT/AKW/GOV/08/2023 as a miscarriage of justice.

    According to him the judgement was replete with errors and without proper understanding of the Constitution and the Electoral Act 2022.

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    He explained that he is approaching the Appeal Court to objectively review the Tribunal judgement because the learned justices of the trial tribunal erred in law and decision.

    While enumerating the grounds of Appeal, the AA candidate said that the learned justices erred when they held that the exclusion of a governorship candidate’s name no longer forms part of grounds under which an election can be questioned.

    He also queried the Tribunal’s position that INEC’s non-compliance with an order of a court of competent jurisdiction does not fall within the ambit of the grounds by which a petition can be brought, among others.

    The Notice of Appeal equally mentions some of the reliefs sought from the Appeal Court to include: setting aside of the tribunal judgement, nullification of the March 18, 2023 governorship election and a call for governorship rerun election in the state.

    However, Akpan has admonished his supporters to be steadfast, committed, calm and law-abiding.

  • CJN: public opinion does not  determine court decisions

    CJN: public opinion does not determine court decisions

    • Remain steadfast, don’t succumb to intimidation, Ariwoola tells judges

    Only law and the constitution determine decisions by judicial officers, Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola said yesterday.

    According to him, no matter how strong public opinion is on any issue before a judge, it does not influence judgment.

    Explaining further, Justice Ariwoola said the court is always guided by the law in its adjudication of cases.

    “Several vitriolic attacks are regularly heaped on the Judiciary; it is, however, crystal clear that public opinion, no matter how serious or weighty it might be, cannot override or supersede the constitution of the country, which we apply in deciding each case,” Justice Ariwoola said.

    The CJN spoke in Abuja while administering the oath of office on 23 new judges of the Federal High Court (FHC).

    In recent times, many social media users have put judicial officers under pressure to influence the political cases before them.

    Jurists have also been exposed to attacks on their persons and threats to their family members.

    Members of the Presidential Election Petition Court (PEPC), led by Justice Haruna Tsammani, went under attacks by those who wanted to influence their decision.

    A group of people installed billboards in major cities with the inscription “All eyes on the Judiciary”, an apparent attempt to intimidate them.

    Some others also shared the justices’ photographs and phone numbers on the social media, asking people to continuously call them and send them messages – all in the bid to influence their judgment.

    Delivering their verdict, the justices decried the many attempts to coerce them into submission.

    Justice Ariwoola reminded the new judges that their appointment, though a new chapter in their existence, will now completely expose them, like everyone in public office, to daily public scrutiny.

    Justice Ariwoola urged them to be committed to their oath of office and always be driven by the spirit of fairness and justice.

    He said: “The entire letters and words of the oath you have just taken, must reside in a prime place of your heart and be generously applied in your adjudications.

    “This is a bond that you should engrave in your heart and be well guided by it while adjudicating in all matters that come before you.

    “You must be impartial, fair to all, and apply justice in all your undertakings. The times that we are in, are quite perilous, so we need judicial officers who are calculative, honest, objective and dispassionate in all ramifications.

    “Thus, your appointments to the bench at this crucial period of our national history are not by accident but by divine ordination.

    “Like it is often said, a clear conscience fears no accusation. He who comes to equity, as we all say, must come with clean hands. So, your Lordships must severe ties with anything that will smear your hands and bring you into disrepute in the course of your new assignment.”

    Warning the judges against unethical conduct, the CJN said that the National Judicial Council (NJC) will not hesitate to wield the big stick when necessary.

    He said: “Like I always say, even though judicial officers are not spirits or superhuman beings, so much impossible things are yet expected from them by the society.

    Read Also: Constitution, not public opinion shapes court’s decisions, says CJN Ariwoola

    “I heartily rejoice with you on this very important and sensitive appointment, but at the same time, I sincerely sympathise with you for the landmines that are already laying on your paths in the course of your adjudication, especially if your conscience is at variance with your conduct.

    “The bench is neither for the indolent, the greedy nor those with dubious character, who can easily fall for a plate of porridge offered by desperate litigants.

    “You must, at all times, rise above temptations and trials that might obstruct or even halt your rise to the pinnacle of your career. We are all humans, no doubt, but you display the humanism in you by doing those extraordinary things that people would ordinarily conclude that you cannot do.

    “That is what separates those with integrity and passion for success from those with low pedigree and dysfunctional moral compass.

    “Appointment to the bench is not an appointment to wealth, vainglory, dishonest disposition or ostentatious lifestyle through corrupt acquaintances.

    “The searchlight of the National Judicial Council beams brightly on all judicial officers across the country.”

  • Court declares monarchs owners of community land

    Court declares monarchs owners of community land

    Lagos State High Court, Epe Division, has declared Oloja of Epe, Oba Kamoru Animashaun, and Awujale of Ijebu-land, Oba Sikiru Adetona as rightful owners of 1168.141 hectares (2886.534 acres) of Epe communal land.

    It held the land does not belong to Iposu Chieftaincy Family.

    The land includes Akesan and Papa, Santos family land, Lupotoro family land, Odofin Compound, Jubulu family land and Itemu River as contained on the Composite Plan No: ASC/050°/LA/2020 drawn by F. A. Ogunbadejo, dated August 10, 2020.

    The judgment followed an eight-year legal tussle in suit EPD/131LMW/2016 involving Prof. Sulaiman Talabi, Chief Olayiwola Oladunjoye and Chief Wale Mogaji, who sued for themselves and on behalf of Iposu Chieftaincy Family.

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    The counter-claimants were Bayo Rasaq, Ahmed Rasaq, Oloja of Epe, Awujale of Ijebu, and Rivebond Nigeria .

    Justice Sharafa Olaitan held: “The defendants did not present any of the survey plans used in the judgments they relied upon. During cross examination, DW1 could not even provide answer to questions asked relating to those judgments.

    “In conclusion, after weighing the evidence of each of the counter-claimants and evidence of defendants on the imaginary scale of justice, I find on a balance of probabilities that the scale of justice tilts in favour of the counter-claimants.”

    The judge awarded N5 million damages against the defendants and in favour of the counter-claimants.

  • Court orders reconciliatory meeting between council, traders of White Sand market

    Court orders reconciliatory meeting between council, traders of White Sand market

    Justice Akinkunmi Idowu of a Lagos High Court sitting in Ikeja has ordered the Lagos Mainland Local Government to hold a reconciliatory and deliberation meeting with the aggrieved traders from White Sand Market, Otto, Oyingbo area of the state.

    The court directed the parties to deliberate on issues bordering on demolition and reconstruction of the market on the land known as White Sand Market, Otto, Oyingbo.

    The 1st and 2nd respondents in the suit marked  LD/70789CM/2022 are the Lagos Mainland Local Government and the Attorney-General and Commissioner for Justice.

    During resumed proceeding on last Thursday, counsel to the applicants, Mr M.G Quadri and the respondents counterpart, Mr Tope Kolawole and Ogundare Babatunde agreed that parties will meet with the complainants and developers and consider possible ways of resolving the matter before the next adjournment date.

    Justice Idowu therefore adjourned further hearing to October 6, 2023.

    The trial judge assured the plaintiffs and defendants of  accelerated hearing of the suit.

    The plaintiff, the aggrieved traders of White Sand Market, Otto, Oyingbo had through their representatives, Serifat Abeke Thanni, Alhaji Garba Malami and Orji Uke Onuoha approached the court, alleging that the Lagos Mainland Local Government is threatening to take over the market.

    The applicants claimed that the council was planning to  demolish their stalls in the market.

     Justice Idowu had on June 22 granted an interim injunction restraining the respondents from carrying out the planned demolition and reconstruction of the market during the lifespan of the order which was ordered for seven days.

    Their motion ex-parte was brought pursuant to Order 42 Rules 1 and 4 and Order 43 of the Lagos State Civil Procedure Rules, Section 1 of the preemptive remedies section of the practice direction No 2 of 2019, and under Section 34, 36, and 43 of the Constitution of the Federal Republic of Nigeria and under the inherent jurisdiction of the court.

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     The claimants/applicants, in their application dated June 14, 2023 prayed the court to issue an order of interim injunction restraining the defendants by themselves, their agents, servants, privies and/or any other person howsover described from entering the land known as White Sand Market, Otto, Oyingbo, Lagos State, pending the determination of the suit.

    The court also ordered the council agents, servants, privies and/or any other person howsover described from letting out the land known as White Sand Market, Otto, Oyingbo, Lagos State, pending the determination of this suit and adjourned to September 28 for hearing.

  • How spiritual son snatched my wife, prophet tells court

    How spiritual son snatched my wife, prophet tells court

    Founder of Divine Prophetic Solutions Prayers Ministry, Prophet Theophilus Ayodeji Obayan, has narrated before a Grade ‘A’ Customary Court how a married church worker in his ministry snatched and married his wife.

    Prophet Obayan had dragged his estranged wife, Prophetess Chibuzor Lilian Obayan, to court to reclaim paternity of his four children and the dissolution of his 23-year-old marriage.

    Obayan is also asking the court if failure to pay bride price to his wife’s family would lead him to forfeit his four children to his estranged wife.

    He told the court that his wife hails from Abia State and that his wife changed the surname of his children to the name of her new husband, Prince Abua Obi.

    Prophet Obayan said Obi used to call him ‘Daddy’ and his wife ‘Mummy’.

    Speaking at the conclusion of hearing of the petition, Prophet Obayan urged the court to dissolve his marriage and grant him the custody of his four children.

    He said: “My wife and I have a ministry in Lagos with a large congregation. But at present, she is married to Prince Abua Obi, a junior worker in our church where both of us led as shepherds.

    “My lord, Prince Abua Obi is legally married with children. He and his wife are both workers in our ministry.

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    “The couple used to revere us, such that they call my wife and I Daddy and Mummy.

    “But to my surprise, my wife started an illicit affair with the man and she is married to him now. She has re-registered the Church in 2019 and even changed my children’s surname to Obi.

    “My wife went ahead to change the name of our church we co-founded from Divine Prophetic Solutions Prayers Ministry to Peace of Jerusalem Revival Ministry in the same location.

    “I have run to God and the court to seek justice on this matter. Let her leave me, but she should not take my children away from me.”

    His wife, who spoke through her lawyer, B. Odudu, reminded the court that the six witnesses that testified for her corroborated their testimonies that there was no marriage between the petitioner and the respondent.

    She said the plaintiff lacked the five elements of customary marriage in Ibo land.

    “In Ibo land, it is their custom that if bride price has not been paid in any relationship, they don’t see the man as husband and father of his children.

    “Treaty, concept of parental agreement, handing over of bride and payment of bride price were not in the relationship.”

    Presiding Magistrate Segun Stephen Rotiba, adjourned the case till October 10, for judgment.

  • Court remands man for raping lover’s four-year-old daughter

    Court remands man for raping lover’s four-year-old daughter

    Justice Abiola Soladoye of an Ikeja Sexual Offences and Domestic Violence Court yesterday remanded a man, Stephen Monday, in the custody of Lagos Correctional Service for allegedly defiling his lover’s four-year-old daughter.

    The defendant is facing a lone count charge of defilement of a child preferred against him by the Lagos State Government.

    During the arraignment of the defendant, the Director of Public Prosecution, Dr Babajide Martins, told the court that the defendant committed the offence on February 14, 2021.

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    He said that the incident took place at about 5 a.m., at  5, Ayeloja Street in  Ikorodu.

    Dr Martins told the court that the defendant allegedly had carnal knowledge of the four-year-old girl by inserting his manhood into her private part.

    He said the offence committed contravened Section 137 of the criminal law of Lagos State 2015.

    The defendant pleaded not guilty.

    Following his not guilty plea, Martins requested the court for a trial date.

    Consequently, Justice Soladoye granted his request and ordered that the defendant be remanded in prison custody.

    She adjourned the case till November 9, 2023, for commencement of trial.

  • Court remands man for raping lover’s 4-year-old daughter

    Court remands man for raping lover’s 4-year-old daughter

    Justice Abiola Soladoye of an Ikeja Sexual Offences and Domestic Violence Court on Thursday, September 28, remanded a man, Stephen Monday, in the custody of Lagos Correctional Service for allegedly defiling his lover’s four-year-old daughter.

    The defendant is facing a lone count charge of defilement of a child preferred against him by the Lagos state government.

    During the arraignment of the defendant, the Director of Public Prosecution, Babajide Martins, told the court that the defendant committed the offence on February 14, 2021.

    He said that the incident took place at about 5 a.m., at No 5, Ayeloja Street in Ikorodu.

    Martins told the court that the defendant allegedly had carnal knowledge of the four-year-old girl by inserting his penis into her vagina.

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    He said the offence committed contravened Section 137 of the criminal law of Lagos State 2015.

    The defendant pleaded not guilty.

    Following his not-guilty plea, Martins requested the court for a trial date.

    Consequently, Justice Soladoye granted his request and ordered that the defendant be remanded in prison custody.

    She adjourned the case till November 9, 2023, for commencement of trial.

  • Court convicts six internet fraudsters

    Court convicts six internet fraudsters

    Six internet fraudsters – Napoleon Efe Miracle, Efetobore Prosper Eghagha, Jephthah Godbless Azino, Akiefe Desmond, Chukwuyenum Kenneth Ifeakachukwu and Efetayobor Ochuko – have been convicted and sentenced to various jail terms by Justice Efe Ikponmwonba of Edo State High Court sitting in Benin City.

    The convicts were arraigned separately on one count charge of impersonation and possession of fraudulent documents by the Benin Zonal Command of the Economic and Financial Crimes Commission, EFCC.

    Their road to prison began following their arrest by operatives of the commission based actionable intelligence on the activities of alleged fraudsters in Egbiki and Oputo communities, Ovwian, Udu Local Government of Delta State.

    One of the charges read: “that you Chukwuyenum Kenneth Ifeakachukwu on or about 8th day of September, 2023 in Benin City Edo State within the jurisdiction of this Honourable Court did have in your possession documents which you knew or ought to have known contain a false pretence and thereby committed an offence contrary to sections 6 and 8 (b) of the Advance Fee Fraud and Other Fraud Related Offences Act.2006 and punishable under section 1(3)of same Act”.

    Upon arraignment the defendants pleaded guilty to their respective charges prompting the prosecution counsel, F.A. Jirbo to pray the court to convict and sentence them accordingly. However, the defence counsel pleaded with the court to temper justice with mercy as they were first-time offenders who have become remorseful for their actions.

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    Justice Ikponmwonba convicted and sentenced Ifeakachukwu, Miracle,  Eghagha, Azino and Ochuko to three years imprisonment with an option of Five Hundred Thousand Naira each, while Desmond was sentenced to three years imprisonment or a fine of Three Hundred Thousand Naira.

    In addition, the judge ordered the convicts to forfeit a Range Rover Evogue 2013 model SUV,  Toyota Venza 2010 model car, one Lexus RX350 2010 model car and mobile phones to the Federal Government of Nigeria. The total balance in Desmond Akiefe’s bank account, being proceeds of crime, is also forfeited to the Federal Government of Nigeria.

  • ‘Civil, commercial cases shouldn’t exceed two years’

    ‘Civil, commercial cases shouldn’t exceed two years’

    Civil and commercial cases should not last beyond two years, Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN), has said.

    He wondered why the urgency accorded election petitions should not apply to other cases critical the economy. Pedro plans to convene a  summit to work out how to shorten the time for determining civil and commercial cases.

    “We hope to have cases decided in 24 months. Landlord and tenant matters should be decided in six months,” he said.

     Pedro spoke at a reception in his honour, with SANs,  his predecessors, Olasupo Shasore (SAN), Ade Ipaye and Adeniyi Kazeem, present.

     The SAN said a situation where litigants have no idea when cases will be determined will discourage investments.

     “Election petitions are determined quickly, but how about people who have committed a lot of money to investments?

     “How will the employment situation be improved if industries are not thriving?

     “The only way businesses will thrive is when we have a efficient justice system that guarantees when a litigant will exit the court system.

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     “I cannot do it alone. I have the commitment of the bar association, and working with the Judiciary, we should be able to ensure cases no longer last more than two years,” he said.

    He promised he would ensure effective law enforcement.

    “Laws must be enforced and judgments obeyed,” he said.

     Among his agenda is decongestion of prisons through non-custodial sentencing so people who commit trivial offences are not sent to jail on conviction.

     Pedro got some advice from his predecessors.

     Ipaye said an attorney-general could get sucked into cases the state is involved in and take his eyes off welfare and capacity building.

     “The training of counsel must be taken serious. I ensured everyone had computer, table, and library,” he said.

     Ipaye, who called for speedy issuance of the director of public prosecution’s (DPP’s) advice, said he set up a task force to monitor cases.

     “The next most important person to the governor is the attoney general. Everyone turns to him,” Ipaye said.

     Kazeem described Pedro as the “ultimate insider”, but stressed despite being familiar with the ministry, the role of an attorney-general differs from solicitor-general.

     He urged Pedro to choose the right team, adding he must interface with Judiciary while fighting for workers welfare.

     Former Nigerian Bar Association (NBA) General Secretary, Dele Adesina (SAN), urged Pedro to work with his colleagues in other states to push for a constitutional amendment to limit cases that go on appeal.

    Incumbent NBA General Secretary, Adesina Adegbite,  said Pedro will excel in the new role.

      “The legacies of Pedro as director of Civil Litigation and permanent secretary/solicitor general underscore the fact now he has opportunity to serve, he will do better,’’ he said.

    “He cannot do it alone. We all need to support him so that he will leave the office better than he met it. He mentioned his plan to revamp the administration of the civil justice system in Lagos State.

     “What we have now is a situation where you file a case today and you’re in court for 10 or 15 years. That is unacceptable. This is partly due to the high number of cases being filed in Lagos and the limited number of judges.

    “We have a peculiar situation, so there should be a peculiar approach to make the justice delivery system faster, simpler and cheaper and this is why we must all support Mr Pedro’s reform agenda.

     “It is only when we have an efficient justice system that we can have an economy that is prosperous and attractive to foreign investors.”

  • Alleged misconduct: Court stops impeachment of Ondo deputy gov

    Alleged misconduct: Court stops impeachment of Ondo deputy gov

    A Federal High Court, Abuja, on Tuesday, restrained the Ondo State House of Assembly from impeaching the Deputy Governor, Mr Lucky Aiyedatiwa, over alleged gross misconduxt.

    Justice Emeka Nwite, in a ruling shortly after Aiyedatiwa’s counsel, Kayode Adewusi, moved the ex-parte motion to the effect.

    The judge also restrained Gov. Rotimi Akeredolu from nominating a new deputy governor and forward same to the lawmakers for approval pending the hearing and determination of the substantive matter.

    Justice Nwite held that after listening to Adewusi, he was of the view that the interest of justice would be met by granting the application.

    “Therefore, the application of the applicant succeeds,” he said.

    The News Agency of Nigeria (NAN) reports that the embattled deputy governor had, in a motion on notice marked: FHC/ABJ/CS/1294/2023, sued the Inspector-General (I-G) of Police and the the Department of State Services (DSS).

    Others are Gov. Akeredoku, Speaker of the House of Assembly, Chief Judge of Ondo State and the House of Assembly as 1st to 6th respondents respectively.

    Read Also: I have not been served impeachment notice — Ondo deputy gov

    In the application dated and filed by Mr Adelanke Akinrata on Sept. 21, Aiyedatiwa sought for four reliefs.

    The judge further made an order of interim injunction restraining Akeredolu, his servants or privies from harassing, intimidating, embarrassing and preventing Aiyedatiwa in carrying out the functions of his office as deputy governor of Ondo State.

    Justice Nwite, who granted all the reliefs  adjourned the matter until Oct. 9 for hearing.

    NAN reports that Aiyedatiwa had, also in another suit marked: AK/348/2023 prayed the High Court in Akure to stop the state’s house of assembly from proceeding with the impeachment proceedings against him pending the hearing and determination of the suit filed in the court on Monday.

    (NAN)