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Tag: Court

  • Oil theft: Nigeria loses N995.2 billion annually -NNRC

    Nigeria is losing nothing less than N995.2 billion annually to the activities of oil thieves, a Nigerian Natural Resources Charter (NNRC) has revealed.

    Disclosing the figure at a one-day seminar on advocacy against crude oil theft, organised by a nongovernmental organisation; the New Nigerian Foundation (NNF), the Head of NNRC, Dr Niyi Awodeyi, also revealed that the haphazard distribution of national wealth was a reason for the prevalence of this vice.

    Speaking to stakeholders from various sub-sectors of the oil industry, Awodeyi said the amount lost to crude oil theft could reduce the poverty index of Nigerians.

    He said poor governance of oil revenue and corruption, lack of adherence to international best practices by international oil companies, youth unemployment and underemployment were some the causes of crude oil theft in the country.

    Awodeyi also noted that the imbalance in the existing federal structure was a factor that has been encouraging corruption which according to him, has also been leading to the disappearance of monies accrued to host communities for developmental purposes.

    Quoting a World Bank report which says 80 per cent of total revenue from oil gets to only one per cent of Nigerians, Awondeyi lamented that this has resulted to inequality with its attendant militancy, kidnapping, illegal oil bunkering and other crimes in the region.

    Read Also: No fresh verification of ex-PHCN staff, says BPE

    Representative of the Delta State government, Mr Godwin Oziboro, Assistant Director, Ministry of Oil & Gas, in his Goodwil Message, had earlier identified poverty, corruption, unemployment, ineffective enforcement of laws and absence of deterrent measures to prosecute culprits as some of the causes of the rise in crude oil theft.

    On his part, representative of the Department for Petroleum Resources (DPR), Mr Efe Bright, blamed third party interference on oil facilities, lack of maintenance of the right of way by IOCs and absence of surveillance cameras to monitor oil pipelines as reasons crude oil theft is on the rise in the region.

    Chevron Nigeria Limited in a statement made available to newsmen at the seminar said until illegal bunkering and oil theft is reigned in, the Nigerian economy will continue to suffer the loss of revenue from thousands of barrels of oil every day, adding that generation yet unborn will also continue to cope with consequences of their destroyed environment.

  • Updated: Supreme Court upholds Fayemi’s election

    The Supreme Court has upheld the election of Governor Kayode Fayemi of Ekiti State.

    In a unanimous judgment on Friday, a five-man panel of the court dismissed the appeal filed by the People’s Democratic Party (PDP) and its candidate in the last governorship election in Ekiti, Kolapo Olusola Eleka.

    The PDP and Eleka had appealed the judgment of the Court of Appeal, which upheld the decision of the Justice Suleiman Belgore-led election tribunal that held that Fayemi was validly elected.

    In the lead judgment by Justice John Okoro, the court held that the appeal was unmeritorious and proceeded to uphold an earlier judgment by the Court of Appeal, Abuja, which affirmed the decision of the election tribunal, to the effect that Fayemi was validly elected.

    Justice Okoro said he could not interfere with the concurrent findings of the two lower courts both – the trial tribunal and the Court of Appeal – because the appellants (PDP and Olusola-Eleka) failed to establish that both lower courts erred and misapplied the law in their judgments.

    The judge said: “I have carefully considered the issues canvassed by all the parties to the appeal. I am satisfied to hold that there is no merit in this appeal.

    “It has to be noted that the two courts below are concurrent in their findings. It is trite that this court is always very hesitant to interfere with concurrent findings of two lower courts unless their findings are shown to be manifestly erroneous.

    “Only where the appellant has established that clear errors of law or facts which application leads to miscarriage of justice that this court can interfere to reverse the concurrent findings.

    “As I have said earlier, there is no merit in this appeal, and is accordingly dismissed. I affirm the judgment of the lower court and I make no other as to cost.”

    The Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, Justices Olukayode Ariwoola, Paul Galumje and Uwani Abba-Aji (who were also on the panel), agreed with the lead judgment.

    Read Also: Fayemi extends olive branch to PDP’s candidate Olusola 

    The Justice Belgore-led Governorship Election Tribunal, that sat in Apo, Abuja had, in its judgment on January 28, 2019 the declaration by the Independent National Electoral Commission (INEC) that Fayemi and the APC won the July 14, 2018 governorship election with a total of 197,459 votes as against the 178,121 votes scored by PDP’s Olusola-Eleka.

    The Court of Appeal, Abuja, to which the PDP and Olusola-Eleka appealed the decision of the trial tribunal, dismissed the appeal in its judgment of March 28, 2019.

    Justice Stephen Adah, who read the lead judgment of a three-man panel, resolved the seven issues, identified for determination, against the appellants.

    Justice Adah proceeded to dismiss the appeal on the grounds that it was without merit, a decision the two other members of the panel – Justices Tinuade Akomolafe-Wilson and Emmanuel Agim – agreed with.

  • Court restrains NUJ from conducting women journalists’ election

    •NAWOJ ignores court order stopping poll
    •The Nation, The Sun, others barred from voting

    A National Industrial Court (NIC) in Lagos yesterday restrained the Nigerian Union of Journalist (NUJ) and four others from conducting yesterday’s National Association of Women Journalists (NAWOJ) election, following an application by a contestant.

    Justice R. H. Gwandu made the order after hearing a motion ex parte filed and argued by Omotayo Olatunbosun, a counsel representing a NAWOJ chairmanship contestant, Mrs Sekinah Lawal.

    The judge granted the application and ordered the stoppage of the poll, which was scheduled for yesterday morning, pending the determination of Lawal’s suit.

    Joined as first to sixth defendants in the suit are: Ekene Adeola, the Registered Trustees of the NUJ, Ifeyinwa Omowole, Ladi Bala, Mrs Abiola Beckley and Mrs Yemisi Adeniran.

    The interim injunction restrained the respondents from recognising Adeola as chairperson candidate in the election.

    It also restrained the body responsible for the conduct of the election from going ahead with it.

    After granting the prayers, the judge ordered that the defendants be put on notice and ordered an accelerated hearing of the suit.

    Justice Gwandu also warned parties that any attempt of omission or commission concerning the order could be treated as contempt of court.

    The matter was adjourned till May 30.

    Also, the Electoral Committee, led by Abiola Beckley, prevented the court bailiff from serving them the court order.

    Upon arrival at the Eko FM voting venue in Ikeja, the court bailiff was prevented from serving the committee by men of the Department of State Security (DSS) and policemen, led by Adekunle Oyewole.

    Some women from the Lagos State Ministry of Information also joined the security agencies to prevent the bailiff from entering the venue.

    The women maltreated the bailiff and some journalists who urged them to let the man do his job.

    The bailiff left after spending over four hours without being able to serve the injunction.

    Also, in her May 22 affidavit in support of the application, Mrs Lawal averred that Adeola was ineligible to participate in the polls, having been disqualified by a seven-man Electoral Committee which screened the candidates for the election.

    The applicant averred that upon constitution of the Electoral Committee under the chairmanship of Grace Ekpoanwan Achum, the electoral committee screened all the candidates for the respective offices and cleared only candidates that met the requirements of the NUJ Constitution.

    She added: “Regarding the forthcoming election to the office of the chairperson, the electoral committee duly screened three candidates: the first defendant, Patience Eloh Okoh and myself, after which the committee determined that I am the only candidate eligible to contest for the post of chairperson, having met the requirement of the NUJ constitution.

    “Subsequent to the above list of screened candidates, a final list of cleared candidates was issued by the electoral committee, and in the said list, I was the only person cleared to contest the office of the chairperson of the Lagos State chapter of the 2019 election of the Nigeria Association of Women Journalists.

    “The first defendant was not cleared to contest due to the fact that she did not meet the requirements of Article 6(6)(i) and (ii) of the Constitution (non-payment of professional fee and less than 50 per cent attendance of meetings).”

    Mrs Lawal said the national body of NAWOJ, by a May 3 letter, purportedly cleared all contestants to contest the election, which, according to her, it had no authority to do.

    “The national body of NAWOJ does not have the power to waive the provision of Article 6 of the NUJ Constitution for any contestant,” she said.

    Also, journalists from some media houses were prevented from voting.

    They include The Nation, The Sun, Lagos Television (LTV) and The Guardian.

    The committee said they did not pay the N3,000 charges per voter. No explanation was given to what the money was meant for.

    Precious Igbonwelundu, a Senior Correspondent with The Nation, described the N3,000 as unconstitutional.

    “Traditionally, NUJ’s check-off dues are paid through direct deductions from individual members and remitted through their chapels to the NUJ state council. Asking the women journalists to pay N3,000 is another form of corruption.

    “Some women from the Ministry of Information boasted that their ministry had paid the N3,000 for each one of them. An election that was meant to be organised in a democratic way, but the committee disenfranchised us after our money had been deducted from our salaries,” she said.”

    Miss Igbonwelundu noted that the committee installed by NAWOJ President Ifeyinwa Omowole, who is allegedly enmeshed in fraud case, took sides with some chapels.”

     

    “They were obviously biased. They have no regards for the NUJ constitution. They set aside provisions that they felt would work against their interest and decided to implement the ones that favour them. This is against the interest of the generality of women journalists,” she said.

     

  • Teenager in court for stabbing man’s eye

    An 18-year-old boy, Sodiq Ogunsola, who allegedly stabbed a man in the eye with a screwdriver, on Friday appeared before an Ikeja Magistrates’ Court in Lagos.

    Ogunsola, who resides at No. 3, Agbedeyi St., Orile- Agege in Lagos, is being tried for assault.

    The Prosecutor, Sgt. Ishola Samuel, told the court that the defendant had on April 21, at Soretire Junction, Agege, Lagos, stabbed the complainant, Blessing Adeyemo, with a screwdriver over an argument.

    He said Ogunsola entered into a heated argument with Adeyemo.

    Read Also: How 26-yr-old man stole noodles, spaghetti

    “It was during the argument that Ogunsola brought out the screwdriver from his pocket and stabbed Adeyemo in his right eye, ” Samuel said.

    The offence contravened Section 173 of the Criminal Laws of Lagos State, 2015.

    The News Agency of Nigeria (NAN) reports that Section 173 stipulates a three-year jail term for offenders.

    Magistrate A.R. Onilogbo, admitted the defendant to bail in the sum of N10, 000, with one surety in like sum and adjourned the case until May 27, for mention.

  • How 26-yr-old man stole noodles, spaghetti

    A painter, Michael Anifowoshe, 26, on Friday appeared before an Ikeja Magistrates’ Court, for allegedly stealing five cartons of noodles and five cartons of spaghetti.

    Anifowoshe, who resides at No. 10, Oluwalogbo St., Ita-Maga, Ikorodu, is being tried for conspiracy and stealing.

    He, however, pleaded not guilty.

    The Prosecutor, Insp. Mathew Akhaluode, told the court that the defendant committed the offences with some persons now at large on April 27, at about 11pm in Ikeja.

    Akhaluode said that Anifowoshe stole five cartons of noodles valued N21,000 and five cartons of spaghetti valued N14,000, property of Mr Ahmed Salami.

    Read Also: 50-yr-old woman arrested for maid trafficking

    “Salami was trying to repair his faulty car when Anifowoshe and his accomplices walked up to him, distracted his attention and stole the items.

    “The complaint raised an alarm and with the help of some passersby the defendant was arrested,” the prosecutor said.

    Akhaluode said the offence contravened Section 411 and 287 of Criminal Law of Lagos State, 2015.

    The Magistrate, O.O. Fagbohun, granted the defendant a bail of N20,000 with one surety in like sum, and adjourned the case until May 24.

  • Court dissolves pastor’s marriage over incest

    An Igando Customary Court, Lagos, yesterday dissolved a 41- year-old marriage between Mrs. Mabel Alli and her husband, Pastor Richard, over incest.

    The President, Mr. Adeniyi Koledoye, said it appeared that the estranged couple were tired of the marriage as efforts to reconcile them failed.

    “Since both parties agreed to the dissolution of the marriage, this court has no choice but to dissolve it.

    “The court hereby pronounces the marriage between Mabel Alli and Pastor Richard dissolved. Both of you henceforth cease to be husband and wife.

    “Each of you should go your separate ways. The court wishes both of you well in your future endeavours,” he said.

    The petitioner, Mabel, had approached the court to end her marriage to Richard, for impregnating her sister and their daughter.

    “My husband sexually molested three of our daughters. After impregnating my sister, he took one of our daughters to hospital to have an abortion.

    “Our 19-year-old daughter also reported to me that he always sneaks into her room to have sex with her and I have caught him in the act.

    “My friends and domestic workers are not spared. I have caught him with them too. He is just a womaniser.” the estranged wife alleged.

    The 63-year-old businesswoman said her husband was fetish and also wanted to use her for money ritual in order to finance his political ambition.

    Mabel alleged that her husband does not take care of the children.

    The mother of four begged the court to terminate the union, saying she was no longer interested in it.

    However, Richard, who denied the allegations, welcomed the divorce suit, saying he too was no longer interested in the marriage.

    The 66-year-old pastor denied sleeping with his wife’s sister, friends, housemaids and daughters.

    He said it was his wife who took their daughter to a doctor for abortion.

    Richard said he never took his wife to any herbalist and had never threatened to kill her.

    The respondent said he went to Kenya to attend prayer conference and not to get power and charms as his wife had alleged

  • Breaking: Appeal Court upholds death sentence for ex-NNPC staff

    The Court of Appeal in Calabar, the Cross River State capital, has affirmed the death sentence by hanging of one Godwin Elewana, a retired staff of the Nigeria National Petroleum Corporation ( NNPC), for shooting to death, a 22-year old, Douglas Ojugbo in 2015.

    Elewana was in 2015 reported to have killed the young man, because it was suspected that he (Ojugbo) was having an affair with his daughter Mercy.

    He was said to have chased Ojugbo with his gun and repeatedly shot him and then hurriedly buried him in a cemetery in Calabar in May 2015.

    Read Also: Pastor, mistress sentenced to death for killing NNPC engineer

    Elewana, who had been in prison custody since 2016, was arraigned on a one-count charge of murder in matter with case number HC/9C/2015.

    In March 2018 the then presiding judge of the High Court, Justice Ukpa Ebitam, had in his judgment of the matter sentence Elewana to death by hanging.

    Elewana had approached the Court of Appeal in Calabar, where Hon Justice Y. Nimpar in his judgment yesterday upheld the decision of the High Court.

  • Court revokes ex-bank registrar’s bail for breaching conditions

    An Ikeja Special Offences Court has revoked the bail granted a former banker, Chester Onyeamachi Ukandu, for breaching the conditions attached to it.

    Justice Olusola Williams yesterday revoked the bail granted Ukandu for allegedly acting in a manner capable of jeopardising the course of justice. The Economic and Financial Crimes Commission (EFCC) arraigned the former banker for alleged forgery and impersonation.

    The EFCC arraigned Ukandu on a three-count charge alongside Mr. Achi George before Justice Williams on March 19, last year, for allegedly forging the Corporate Affairs Commission (CAC) documents.

    They were also accused of forging a CAC Form 2A, claiming that it emanated from the commission.

    EFCC prosecutor Mrs. Zainab Ettu informed the court that the defendants, between February 6 and 7, 2012, allegedly conspired and forged the letter-headed paper of Mainstreet Bank Registrars Limited with registration number 613674, claiming that it emanated from the registrars.

    Mrs Ettu also said the defendants, who had retired from the company, unlawfully converted the company’s properties and bank account with Skye Bank for personal use.

    She said the defendants were arrested after investigation was conducted on a petition written by the company’s lawyer, Dr. Charles Mekwunye, and were consequently charged before the court. The defendants pleaded not guilty to the charges and were granted bail.

    They were also warned to desist from holding themselves out as officers of the company and handling other correspondence in that regard until the final determination of the suit or any other suit pertaining to the ownership of Mainstreet Bank Registrars Limited.

    During the last proceedings, the EFCC, by a motion on notice dated January 15, complained to the court that Ukandu breached some of the bail conditions by acting in a manner capable of jeopardising the course of justice in the matter.

    EFCC prosecutor A. B. C Ozioko said the first defendant continued to engage in chest-beating and acts that ran contrary to his bail conditions. He told the court that the first defendant wrote numerous petitions against the prosecution star witness, seeking to intimidate, harass and embarrass the witness.

    Ukandu was also accused of writing a petition to the Nigerian Bar Association (NBA) against a lawyer, who is also a witness in the matter, after he was granted bail.

    EFCC said the accused took active steps to interfere with the successful prosecution of the case against him since he was granted bail.

     

    The commission urged the court revoke his bail.

    But Ukandu denied the EFCC allegations against him.

    He said he had refrained from addressing himself as a Director or the Chairman of Mainstreet Bank Registrars Limited and had not authored any letter or petition with the same title since he was granted bail and in full compliance to the bail conditions.

    The defendant also denied writing any petition against any officer of the EFCC since the court granted him bail on April 12, last year.

    Ukandu contended that the bail conditions ordered by the court never precluded him as a citizen of Nigeria from notifying the NBA of a misconduct and outright disregard of the Rules of Profession conduct by its members, particularly where the making of a false statement or perjury was concerned.

    He explained that the petition he wrote to the NBA against a lawyer and a witness in the matter was written in his personal capacity as a Nigerian, complaining about a professional misconduct, in line with the tenets of the Legal Practitioners’ Disciplinary Committee, which is authorised to receive such complaints.

    Ruling on the application, Justice Williams held that once the court grants a bail to an accused person, it ought not revoke such a bail unless there is evidence of some changed circumstances placed before it.

    The judge held that there was ample evidence of changed circumstances by the first defendant, adding that Ukandu had been restless.

    He also held that it appeared that the defendant would rather take matters into his own hands instead of leaving the court to determine the suit expeditiously.

    Justice Williams said: “I am persuaded that he (Ukandu) should be placed in custody so that he does not continue to muddy the waters and disturb the progress of this case. Accordingly, the bail granted to the first defendant is hereby revoked.

  • N20.3m fraud: Court admits Kwara officials to bail

    A Federal High Court sitting Ilorin, on Monday admitted to bail the four officials of the Kwara state government accused of financial malfeasance by the Economic and Financial Crimes Commission (EFCC).

    The officials were charged to court for allegedly engaging in money laundering to the tune of N20.3 million.

    EFCC had last arraigned Abubakar Ishiak (Permanent Secretary Government House), Shina Akorede (Director of Finance and Administration), Rasaq Momonu (Controller Finance and Accounts) and Hafeez Yusuf (Cashier) all of government house before a Federal High Court sitting in Ilorin, the state capital.

    In the charge sheet, EFCC accused the four of making “cash payment of N20.3 million to one Energy Multi-Trade Interbiz limited for services rendered to the Kwara state Government House which cash sum exceeded the limitation of N10 million payable to a body corporate committing an offence contrary to section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 12(2) of the same Act.”

    Counsel to the accused Abdulwahab Bamidele had at the last adjourned dated urged the court to use its discretionary powers in admitting them to bail.

    Read Also: Court orders bank to pay ex-staff member N23m for wrong sack

    Counsel to EFCC Christopher Mshelia opposed the application, instead, he prayed the court to accord the case accelerated hearing.

    The court granted each of the accused persons bail with a sum of five million Naira and one surety each in like sum.

    The court added the sureties must live within the jurisdiction of the court as well as own landed property worth the bail sum.

    The court directed the sureties to deposit their certificates of occupancy (Cs o O) of the landed property with the registrar of court.

    The court also ordered the accused persons to deposit their international passports with the court registry.

    In his ruling, presiding judge, Justice Baba Gana Ashigir conceded that granting of bails is the discretionary power of the court, adding that “the case is ordinarily bailable under the Administration of Criminal Justice Act 2015.”

    Justice Ashigir agreed with the applicants (accused) counsel that they would not jump bail and would not tamper with investigation.

    Justice Ashigir then adjourned the case till June 23rd, 2019 for trial.

  • Money laundering: Court vacates bench warrant for Akwa Ibom commissioners

    The Federal High Court in Lagos on Friday vacated a bench warrant issued for two Akwa Ibom State commissioners and other officials.

    Justice Rilwan Aikawa had on March 1 ordered the arrest of Commissioner for Finance Nsikan Nkan and Attorney-General and Commissioner for Justice Uwemedimo Nwoko.

    He also ordered the arrest of Akwa Ibom Accountant-General, Mfon Udomah and an account officer Margaret Thompson Ukpe.

    The bench warrant followed an application by the Economic and Financial Crimes Commission (EFCC), which said they were “at large”.

    They were named in a charge against Nigerian Bar Association (NBA) president Mr Paul Usoro (SAN), who was accused of laundering N1.4billion state funds.

    But the officials, through their counsel Chief Mike Ozekhome (SAN), filed a March 4 application asking that the bench warrant be set aside.

    He argued the court had no jurisdiction over his clients as no charge was yet to be filed against them by the EFCC as they were not named as defendants.

    He noted that in February 2017, Akwa-Ibom government sued the EFCC at a Federal High Court in Uyo over the harassment of its officials by the anti-graft agency.

    Ozekhome alleged that despite a subsisting order asking the anti-graft agency to cease all action pending the conclusion of the case, the officials are still being harassed by the EFCC.

    “The Attorney-General of Akwa-Ibom was the one personally conducting the Uyo case. The court later asked parties to stay all action pending the conclusion of the case.

    Read Also: Teenager in court over alleged phone theft

    “Initially the order was obeyed by the EFCC, but it later summersaulted and commenced a new waive of harassment of the officials.

    “The Attorney-General later went physically to the Abuja office of the EFCC to lodge complaints but when nothing changed, contempt proceedings were commenced against EFCC,” Ozekhome said.

    The SAN faulted EFCC for asking for his clients’ arrest when there was no record that they ignored lawful summons.

    While urging the court to vacate the bench warrant, Ozekhome undertook to ensure that the officials were available to answer to any charge that may be filed against them.

    Prosecuting counsel Rotimi Oyedepo said in view of Ozekhome’s undertaking, he would not oppose the application.

    Justice Aikawa consequently vacated the arrest warrant.

    Arguments on another motion by Governor Emmanuel Udom challenging the court’s jurisdiction to entertain the case was taken.

    Udom’s lawyer Dr. Charles Mekwunye said EFCC was wrong to name the governor in the charge since he still enjoys immunity as enshrined in Section 308 of the 1999 Constitution.