Tag: criminal law

  • Man docked over alleged possession of fake N4, 000

    Man docked over alleged possession of fake N4, 000

    A 35-year-old man, Sunday John, was on Tuesday brought before an Ebute Meta Chief Magistrates’ Court, Lagos, over alleged possession of four pieces of counterfeit N1,000 notes.

    John, whose address was not provided in the charge sheet, is standing trial on a two-count charge of being in possession of counterfeit notes with intent to cheat and cause wrongful loss.

    The prosecutor, Sgt. Kehinde Olatunde said that the offences were committed on March 22 at about 8.50 a.m, at Costain Bus Stop in Lagos.

    Olatunde told the court that the accused had tried to use one of the fake N1000 note to purchase apples from the complainant, Joy Samuel.

    The prosecutor said that the vendor, who identified the N1000 note as fake, raised an alarm which led to the arrest of the accused.

    Olatunde said that the offences contravened Sections 134 and 372 of the Criminal Law of Lagos State, 2015.

    The Magistrate, Mrs Bola Folarin-Williams admitted the accused to N50, 000 bail with two responsible sureties in like sum.

    Folarin-Williams adjourned further hearing in the case until April 5.

  • Security guard arraigned for stealing from blind employer

    A security guard, Miracle Lamber, who allegedly locked up his blind employer in a room and bolted with his N50,000 cash, was on Wednesday arraigned in an Ikeja Magistrates’ Court in Lagos.

    The 21-year-old accused was arraigned before Magistrate Mrs Y.O. Ekogbule on a two-count charge of breach of peace and stealing.

    Lamber, who resides with the complainant, however, denied the charges and was admitted to bail of N100,000 with two sureties in like sum.

    Earlier, the Prosecutor, Insp. Clement Ikuoimose, said that the accused committed the offences on Oct. 18, 2016, in Ifako-Ijaye, Lagos.

    Ikuoimose said that the accused stole N50,000 belonging to his employer, Mr Ayo Fagbemila, and ran away to Anambra.

    “The accused, who was employed as a security guard and house keeper to the complainant, disappeared with his money after only two months of employment.

    “The accused conducted his self in a manner likely to cause breach of peace by locking up the complainant in a room and going away with the key without even considering his condition.

    “Fortunately for the complainant, the man who introduced the accused for employment, came to visit him.

    “When he discovered that the complainant was locked up inside one of his rooms, the man broke the door to gain entrance into the room.

    “The accused was arrested after four months of his disappearance.”

    The prosecutor said that the offences contravened sections 166 and 285 of the Criminal Law of Lagos State, 2011.

    If found guilty of stealing, the accused could be sentenced to three years’ imprisonment, according to the provisions of Section 285.

    Magistrate Ekogbule adjourned mention of the case until March 22.

  • Man, docked over alleged motorcycle theft

    A 45-year-old man, Olutan Adekunle, who allegedly stole a motorcycle valued at N230,000, was on Wednesday charged before an Ota Magistrates’ Court in Ogun.

    Adekunle, who lives at No. 26 Owolabi St., Iyana-Iyesi, Ota, is facing a two-count charge bordering on stealing.

    The prosecutor, Sgt. Chudu Gbesi, told the court that the accused committed the offences on Jan.5 at about 12.45.p.m.at No. 5, Holy Ghost Avenue, Iloye, Ota.

    Gbesi said the accused collected the motorcycle on credit from one Babatunde Oluwaseun, and promised that he would pay him N7, 000 weekly, an agreement he did not fulfill.

    “All efforts made by the complainant to get his money or the motorcycle proved abortive,’’ he said.

    The offences contravened Sections 383(1) and 390(9) of the Criminal Law of Ogun, 2006.

    The accused, however, pleaded not guilty to the charges.

    The Senior Magistrate, Mr S. O. Banwo, granted the accused bail in the sum of N200, 000 with two sureties in like sum.

    He said the sureties must reside within the court’s jurisdiction and should be gainfully employed.

    Banwo said the sureties should show evidence of tax payment to Ogun Government.

    The case was adjourned till March 16 for hearing. (NAN)

  • I am guilty as charged – Rapist

    “I am guilty as charged,” a rapist,  27-year-old Samuel Adedeji told a Lagos court on Tuesday.

    Adedeji, a factory worker, had entered a guilty plea when he was hauled up before an Ikeja Chief Magistrates’ Court on a charge of rape.

    The Chief Magistrate, Mrs Taiwo Akanni, remanded Adedeji, who resides at Nkem Igborosun, Mowo via Badagry at Kirikiri Prison pending sentence at the next date of adjournment.

    Earlier, the prosecutor, Insp. Clifford Ogu, told the court that the accused committed the offence on Feb. 8 at his  apartment.

    According to him, the accused lured the 20-year-old woman into his apartment with a promise to assist in securing a job for her.

    “Immediately the girl entered the room, Adedeji shut the door  and raped her.”

    The offence contravened Section 259 of the Criminal Law of Lagos State, 2011.

    The News Agency of Nigeria (NAN) reports that sexual assault by penetration carries life imprisonment.

    The case has been fixed for March 20.

  • Alleged rape of housekeeper : Two brothers get N400, 000 bail

    Two brothers , Emmanuel Anyanwu and Okechukwu Anyanwu, were on Tuesday brought before an Ikeja Chief Magistrates’ Court charged with raping their mother’s 13-year-old housekeeper.

    They were, however, released on a bail of N400,000.

    The accused, 26-year-old Emmanuel, an applicant, and 22-year-old Okechukwu,  a student, both reside at 17, Babudu Bello St., Ishashi in Berger on the outskirts of Lagos.

    They are facing charges for conspiracy and rape.

    The prosecutor, Insp. Clifford Ogu told the court that the offences were committed sometime in December 2016 at the apartment of the accused.

    “The accused raped a 13-year-old girl who is their mother ‘s housekeeper several times and because of this, the girl ran away from the house.

    “On one of the occasions, the girl was rescued by a good Samaritan who saw her in the night and took her to a police station, ” Ogu said.

    The offences contravened Sections 259 and 409 of the  Criminal Law of Lagos State, 2011.

    The News Agency of Nigeria (NAN) reports that the offence carries life imprisonment.

    The accused, however pleaded not guilty to the charges.

    The Chief Magistrate, Mrs Taiwo Akanni, in her ruling, granted the accused a bail of N200,000 each with two sureties each in like sum.

    Sher directed that the case file should be duplicated and a copy sent to the State Director of Public Prosecutions (DPP) for  advice and adjourned the case to March 20 . (NAN)

  • Driver in court for defiling neighbour ‘s daughter

    A 50-year-old driver,Covenant Dako, on Tuesday appeared in an Ikeja Magistrates’ Court for alleged defilement of his neighbour ‘s 10-year-old daughter.

    Dako, who resides at 22 Road, Festac Town, Lagos, is charged with defilement.

    The Prosecutor, Insp. Clifford Ogu, told the court that the offence was committed on Feb. 3 and Feb. 6 at the accused residence.

    Ogu said that on Feb. 3, the accused lured the victim, a 10-year-old girl into his room, with the pretext of sending her on an errand.

    “The accused defiled the girl and threatened to kill her if she talk.

    “On Feb. 6, the accused called the girl again into his room and was about to molest her, when a neighbour who was peeping through the window raised an alarm,” he said.

    The offence contravened Section 137 of the Criminal Law of Lagos State, 2011.

    The accused, however, pleaded not guilty.

    The Chief Magistrate, Mrs Taiwo Akanni, granted bail to the accused in the sum of N200,000 with two sureties in like sum.

    Akanni adjourned the case till March 20 for Director of Public Prosecution’s advise.(NAN)

  • Housewife, arraigned for killing husband over ‘Baba Ijebu’ lottery

    A 29-year-old housewife, Onyinyechi Akunne, who allegedly killed her 35-year-old husband, Abuchi Akunne, with a kitchen knife over a lottery ticket of Premier Lotto Ltd also known as “Baba Ijebu”,was on Monday brought before an Ikeja High Court.

    Onyinyechi is facing a charge of murder which contravenes Section 221 of the Criminal Law of Lagos State 2011.

    She, however, denied the charge.

    The State Prosecutor, Mrs C.K Tuiyi-Carena, told the court that the accused allegedly committed the offence on March 28, 2015 at her residence located at No. 85, Idimu Road, Ejigbo, a surbub of Lagos.

    “On the day of the alleged murder, Onyinyechi was preparing a meal while Abuchi was sitting on a chair in their home looking at his ‘Baba Ijebu’ lottery tickets.

    “Angered by her husband’s action, Onyinyechi scolded him for his love for gambling and a fight ensued between them.

    “She took the kitchen knife she was using to cut vegetables and stabbed her husband fatally in the chest.

    “The stabbing inflicted a deep cut in Abuchi’s chest which led to excessive blood loss and his eventual death.

    “The victim died before he could be taken to hospital by Onyinyechi and concerned neighbours,” she said.

    The News Agency of Nigeria (NAN) reports that accused was pregnant when the offence was committed.

    She, however, gave birth to a baby girl while in custody at the Kirikiri Female Prisons.

    Onyinyechi was in court on Monday with the baby.

    Counsel to the accused, Mr Q.U. Ogudu, told the court that the accused had opted for a plea bargain.

    “My Lord, we have applied for a plea bargain agreement which the state is not objecting to.”

    The prosecutor also confirmed to the court that the parties were working towards the plea bargain.

    Justice Josephine Oyefeso adjourned the case to April 6 for a report on the plea bargain agreement.

  • Banker held for ‘attempt to divert’ council fund 

    Banker held for ‘attempt to divert’ council fund 

    The police have accused an official of Ecobank Nigeria Plc, Hillary Ejechi, and one Happy Eguakun of attempting to diver‎t a project fund of Obanliku Local Government Area (LGA) of Cross River State.

    The fund, whose amount was undisclosed, was deposited by the LGA in an Ecobank account number 0339007306 bearing the name Obanliku Local Government ‎Project.

    The suspects were arraigned before Mrs. O. M. Ajayi of an Igbosere Magistrates’ Court on five counts bordering on forgery and impersonation.

    According ‎to the police, the charges contravene Sections, 409, 363 (1a), 378 (1) and 323 (1) of the Criminal Law of Lagos State, 2011.

    Ejechi, 27, and Eguakun, 42, from Delta State but resident in Lagos, were alleged to have committed the offences along with others who are at large, sometime last month.

    Computer science graduate Eguakun was alleged to have forged a document and gone to the bank’s branch at Tafawa Balewa Square (TBS), Lagos, on the pretext that he worked with the council and was a signatory to the account.

    Ejechi, who he met sometime in July, and who worked at the branch was reportedly waiting to receive him.

    Unknown to them, the council had been tipped off of an imminent fraud on the account and had alerted the police which had men on standby.

    The duo were subsequently arrested by the police team from the Ikoyi Division in Lagos led by Sergeant Damian Ojuinyi.

    Three of the counts against them read: “That you, Happy Eguakun and Hillary Ejechi‎ and others at large, in July 2016, at Eco Bank Plc, in the Lagos Magisterial District, did conspire among yourselves to commit felony to wit: impersonation, forgery and unlawful possession.

    “That you, Happy Eguakun and others at large, on July 2016 in the same place, at the aforementioned magisterial district, did present a forged Lagos State Management Authority Bill with property code 62614 to Eco Bank, TBS branch, on the pretext to modify account number 0339007306 domiciled in Eco Bank.

    “That you, Happy Eguakun and Hillary Ejechi‎ and others at large, on the same date and place, did conspire among yourselves with intent to defraud account number 0339007306 with name:‎ Obanliku Local Government ‎Project‎, domiciled in Eco Bank Plc., thereby committing an offence punishable under Section 323 (1) of the Criminal Law of Lagos State, 2011.”

    The defendants denied the charge.

    Magistrate Ajayi granted them bail in the sum of N250, 000 each with ‎two sureties each in the like sum who must present evidence of tax payment and have verifiable residential addresses.

    The case was adjourned till August 16.

     

  • ‘Why our criminal law cannot deliver peace’

    ‘Why our criminal law cannot deliver peace’

    Mr. Benson Ngozi Iwuagwu is the Executive Director, Prison Fellowship Nigeria (PFN). He holds a post-graduate diploma in Restorative Justice from Queens University, Ontario, Canada. Between May 2011 and last December, he was the Prison Fellowship International (PFI) Envoy for Anglophone Africa. He has been involved in Prison Ministry since 1980. In this interview with Legal Editor, JOHN AUSTIN UNACHUKWU, he speaks on the Oneosmus project and how to reduce crime.

    What is the essence of the Prison Fellowship International?

    Prison Fellowship International, with the vision of “being a community of restoration for all those involved in and affected by crime, in demonstration of the love of God through Jesus Christ”, is the global body of countries, where churches have come together under the common name – Prison Fellowship. Presently, PFI has over 127 countries as members with category 2 consultative status with the United Nations Economic and Socio Cultural Committee (UNECOSOC). Prison Fellowship Nigeria has been chartered with PFI since 1992. Our membership in PFI affords us a massive network and programme resource base around the world. We have concrete and material presence in 25 states of our country. From Borno to Delta, Adamawa to Akwa Ibom States, thousands of our volunteers daily visit the prisons to provide spiritual, medical, material, literacy and legal support to the inmates. Spouses and children of inmates are not forgotten, within our limited resources we pay rents, school fees and provide, in appropriate cases, family upkeep allowance.

     

    What is the impact of this fellowship on inmates?

    The impact of Prison Fellowship Ministry on our prison inmates, with all sense of modesty, is monumental. What an inmate wants most for stabilisation in and out of prison is psychosocial support, which we provide in structured and consistent measure on the basis of God’s love through Jesus Christ for their reformation and the peace and good of our society.

     

    Do you have any programme to monitor the lifestyle and condition of freed inmates to stop them from doing things that are likely to return them to the prison?

    The unique nature of our church based membership makes it easy to link an exiting inmate to a member church near where he or she decides to settle. This arrangement provides the very critical post release support circle for follow up and basic provisions. In appropriate cases, we assign specific mentors to exiting prison inmates, who help them in planning and implementation of their life plan, often drawn up by the inmate before release. This area has been very challenging for a number of reasons-hostile social receptions for returning ex-inmates, discriminatory statutory barriers and very limited resources in the face of mounting needs. To mitigate this, we intend to launch a social engagement and participation programme, tagged: “Green Ribbon Campaign” an attitudinal change campaign to create conducive social environment for re-entry of ex-prisoners back to society. Rehabilitation and re-integration of ex-prison inmates is a social responsibility, being sanctimonious and discriminatory against returning ex-prison inmates is akin to biting the nose to spite the face.

     

    What is this Onesimus learning programme all about? 

    Life Recovery Pre-release Empowerment Programme, a.k.a “The Onesimus Project”, presently running in the medium security and female prisons in Kirikiri, is a mentoring, personality and skill enhancement programme with set curriculum primarily targeted at inmates with 6 months to completion of their sentence and continues 12 months post release. Admission is open to all inmates, regardless of beliefs, so long as the individual is able to understand some English Language and be committed to attend classes and do assignments.

     

    How does the programme run?

    “The Onesimus Project” is run in partnership with Covenant University, their professors and lecturers come all the way from Ota to hold classes, conduct psycho-clinicals and counseling. The Small and Medium Enterprises Development Agency of Nigeria (SMEDAN), takes care of the Business and Entrepreneurial development component of the programme. Their specialist trainers come to train the inmates. Prison Fellowship takes care of the spiritual instructions and vocational skill component of the programme.

     

    What is the duration of the programme?

    At the end of the six months’ training, graduation holds at which successful inmates are issued certificate of completion, signed by the four partnering institutions: Nigerian Prison Service, Covenant University, Small and Medium Enterprises Development Agency of Nigeria and Prison Fellowship Nigeria. The Certificate, prima facie, is a testimony of refinement and training. It makes the holder eligible for post release small business support and venture seed capital. To date, we have matriculated about 130 and graduated about 90. We are constrained by infrastructure and funding to take a limited number each session.

     

    Do you have other collaborators?

    Our major collaborators are the hundreds of churches, who provide thousands of foot soldiers and support. Covenant University, Ota, provides the very critical and vital professional competences and skills in the core and sensitive areas of human personality dysfunction, evaluation and therapy. SMEDAN comes in to equip the inmate with knowledge and skills in business and enterprise development to be their own employers. By the Memorandum of Understanding (MoU) between the partners, each partner bears its own costs.

    Graduates of “The Onesimus Project”, have shown more resilience in the face of adverse social conditions, recidivism rate among our Onesimus graduates is about 20 per cent, against the general average of 70 per cent.

     

    What level of support and collaboration are you enjoying from the government?

    We have enjoyed the basic and primary support of access to prisons and collaboration from government at the various state chapter levels, and Prison Commands. SMEDAN is a Federal Government agency in the Presidency and a very strategic partner in the Onesimus Project. We have the understanding to replicate Onesimus Project in other prison commands in the country. We have had support from the Ministries of Health, Justice and Social Welfare during specific inmate welfare intervention programmes. A lot more however remains.

     

    You have been on the crusade for restorative justice as an integral part of our criminal justice administration. How would it work?

    Restorative justice for a while has been in the global eye as an emerging criminal justice system that more readily encapsulates the concerns and varied interests connected with the commission of crime and its aftermaths; the offender, victim and community. The United Nations Basic Principles on the use of Restorative Justice in criminal matters, endorsed in 2002, does not define Restorative Justice, but assigns usages to the terms “Restorative Process” and “Restorative outcomes”; these are very significant and underscore the distinction of restorative justice as meeting the true ends of justice which is peace. Whilst our extant criminal justice system views crime as a violation of law and the state, Restorative Justice views crime as a violation of persons and relationships; the former aims for punishment and deterrence and the latter for reparation and healing.

    Our criminal law is adversarial, technical and impersonal without cognisance for the victim or even for the society. Its primary intent is to punish the offender as deterrence to other would be offenders. Restorative justice on the other hand, views crime differently, aims to heal the harms and hurts caused by the offender; give him opportunity to account for his or her actions, take responsibility and in conference with the victim and community and agree on how to make up for his or her actions.

    Restorative justice is not a demonisation of our extant criminal justice system, but it does provide a viable complement and option worthy of serious engagement.

     

    Is restorative justice system applicable to Nigeria only or is it applied by other countries of the world?

    South Africa and Zimbabwe are other African countries are using the Restorative Justice options. The horrendous overcrowding and its concomitant dehumanisation of our inmates, absolutely makes any form of reform a tall dream. Prison governors after prison governors bemoan the impossibility of inmate reformation in the face of suffocating congestions. No amount of rejigging a wrong headed and premised criminal law will work. It is trite once the premise of an argument is wrong its conclusions cannot, but be irremediably flawed. Restorative Justice is based on human values, rights and communal safety, more reflective of the intents of the social contract upon which law and government began. Our criminal law is based on the abstract and nebulous concept of state and the king’s peace. It just cannot deliver peace. England has a well developed Restorative Justice Protocol and practice, so does Canada.

    It is heartwarming that the Lagos State Ministry of Justice, in its characteristic trail blazing initiatives, has entered into an understanding with Prison Fellowship Nigeria to do a Restorative Justice Pilot project in the state.

     

     What do you think is responsible for rising crime?

    At the root of crime and criminality are a conundrum of predisposing factors, basic of which is lack of provision of food, clothes and shelter for the vast majority of our people and the perception of how our commonwealth is being managed. The average Nigerian is on his or her own, at home or abroad. The late musical icon Fela Anikulapo Kuti, we may not agree with his social life style, but most of his songs highlighted the problems-high handedness of the ruling class, selfishness and greed, oppression of the poor. The social injustice around us is simply nauseating.

     

    How do we address the problem of crime in the society?

    To begin to truly address crime, the government must, in some way, begin to give a sense of belonging to the citizens. Yes, it is said, do not ask what your country will give you, but what you can do for your country. But you first must belong to the country! Our ruling elite and their bourgeoisie club members, with due respects, are no better than the colonial masters- oppressive, exploitative and aloof. In pursuit of their political spoils, they arm the youths, dose, use and dump them. What do you expect? That the youths will fold their hands? Go into any of our prisons, they are brimming with young men and women. Tell me, can you walk up to your local government or state and demand as of right as a citizen? Our political tacticians now talk of “stomach infrastructure” by which thy mock the poor, yet it’s a tool in their hands. Poor Esau sold his birth right because of hunger. Anyhow, the thing is, the poor man has sense and may just be waiting for his opportunity. The Arab spring, a replay of the spirit of the French Revolution should be instructive to our resource managers to please, in some way give every Nigerian a bite of the cheery and thereby a reason to hope and persevere.

     

     

  • Group tasks police on criminal law implementation

    A human rights group, the Access to Justice (AJ), has urged the police to  effectively implement the Administration of Criminal Justice Law of Lagos State (ACJL) 2011.

    The law imposes responsibilities on the police, but AJ, in a report released on November 27, last year, said only 29 per cent of officers in Lagos are familiar with the law or have received any training on its provisions.

    To get more policemen acquainted with the law, the group held a seminar at the Area ‘B’ Police Command Headquarters, Apapa, Lagos, with the theme: ‘’Effective Implementation of Lagos State Administration of Criminal Justice Law 2011.’’

    AJ’s Project Officer Mrs Chinelo Chinweze highlighted the duties of the police under the law, including notification of cause of arrest; information of rights to remain silent and right to counsel; notification of right to free legal counsel; no arrest in lieu of suspects; taking inventory of a suspect’s belongings; making video recordings of confessional statements; police reporting obligations; and women as sureties for bail, among others.

    On notification of cause of arrest, the only exception is where the person is apprehended in the actual course of the commission of the crime or where pursued immediately after the commission of the crime or while escaping from lawful custody.

    The police should also inform the person being arrested of the legal right to apply for free legal representation from the Office of the Public Defender (OPD), Legal Aid Council or any such agency.

    Chinweze said the police violate the law if any officer arrests a suspect’s relative or any person in place of the suspect, adding that where there is no video recording facility,  the law requires that such confessional statement should be in writing in the presence of a lawyer chosen by the arrested person.

    The police is also make a report of all persons who are arrested with or without warrants under state offences to the office of the Attorney-General within one week, while Section 20 provides that officers in charge of police stations are obligated to report cases of all persons arrested without warrant to the nearest Magistrate.

    Area ‘B’ Police Commander ACP Ndubueze Michael Anene praised AJ for organising the seminar, saying police officers would work to implement the law effectively.

    He added that the seminar gave room for officers to express their challenges, as solutions were proffered on how to comply with the law.

    Senior Special Assistant to the governor (Legal Matters) Mr. Akingbolahan Adeniran urged the police to apply the law especially in confessions, as defence lawyers always raise issues as to whether they are voluntary, which further cause trial delays.

    He said since anyone who has been arrested get nervous during interrogation, police officers should interview them calmly and “allow them relax.”