The Nation Newspaper

Tag: defendant

  • Alleged N3.6b fraud: Defendant gets leave to travel overseas

    A former Director of the Niger Delta Development Commission (NDDC), Francis Momoh, standing trial for alleged N3.6 billion fraud, yesterday secured leave of a Federal High Court in Lagos to undergo medical trip overseas.

    Momoh alongside Tuoyo Omatsuli and two companies, Don Parker Properties Ltd. and Building Associates Ltd. are being tried for alleged fraud.

    On November 28 last year, the Economic and Financial Crimes Commission (EFCC) arraigned the defendants on a 45-count charge, bordering on corruption, gratification, fraud and money laundering.

    The prosecution alleged that the defendants committed the offences between August 2014 and September 2015.

    The first defendant (Omatsuli) was said to have secured the services of the third and fourth defendants (Momoh and Building Associates) to utilise N3.6 billion paid by Starline Consultancy Services Ltd. into the fourth defendant’s account.

    The prosecution alleged that both third and fourth defendants ought to have known that the said sums, formed part of the proceeds of their unlawful activities, which include corruption and gratification.

    The court had granted the defendants bail after they pleaded not guilty to the offences.

    At the resumed hearing yesterday, Mr. George Chia-yakua appeared for the prosecution, while Messrs A. Aguda-Kehinde and Norrison Quakers, both senior advocates, appeared for the defendants.

     

     

     

  • ‘Forgery’: Defendant appeals bail refusal

    A defendant in a forgery trial, Emmanuel Nwude, has asked the Appeal Court in Lagos to set aside an Ikeja High Court ruling, which thrice denied him bail.

    Nwude, Emmanuel Ilechukwu and Rowland Kalu were on March 2, arraigned by the Economic and Financial Crimes Commission (EFCC) on a 15-count charge of forgery and dealing in forfeited property without authorisation.

    The trio pleaded not guilty following which Ilechukwu and Kalu were granted bail.

    But Justice Mojisola Dada upheld EFCC Prosecutor, Rotimi Oyedepo’s contention that Nwude should be remanded because he was a flight risk.

    The judge also rejected Nwude’s claim that he needed surgery for an aggravated health challenge following opposition by the Commission.

    But in Nwude’s appeal filed last Wednesday through his counsel, Chief Emeka Okpoko (SAN), he contended that Justice Dada erred in law by holding that he was serving a prison term.

    Okpoko said: “The court failed to see the fact that there is no evidence at all from all the parties suggesting that the applicant is currently serving any prison term. The court failed to act on the evidence placed before it.”

    In another instance, he argued that the court erred in law when it suo motu (on its own motion) raised the issue of the applicant serving prison term “without inviting counsel” to address the court on it.

    Okpoko prayed the appellate court to allow the appeal and admit the appellant to bail pending the conclusion of the trial.

    He also prayed for an order directing the Chief Judge to transfer the case to another judge.

    No date has been fixed for hearing of the appeal.

  • I didn’t kill my neighbour, defendant tells court

    I didn’t kill my neighbour, defendant tells court

    A 31-year-old man, Ibrahim Tijani, who allegedly macheted his neighbour, Bashorun Okanlawon, to death,  has denied the allegation.

    Under cross examination yesterday by Lagos State Attorney-General and Commissioner of Justice Mr Adeniji Kazeem, Tijani said though he had a fight with Okanlawon, he did not kill him.

    Tijani is facing a one-count charge of murder, which is  punishable under Section 221 of the Criminal Law of Lagos State, 2011.

    The defendant, who lives in an uncompleted building with the deceased, at Okun in Ajah ,  Lagos, pleaded not guilty when he was arraigned on  January 21, 2016.

    He told Justice Adedayo Akintoye that on the fateful day, the deceased poked his eye with a stick and it became red. He claimed that he was also injured in the stomach.

    The defendant said the deceased never complained about fume from his generator, which was the cause of their January 21, 2016 fight.

    He said before the fight he never had any disagreement with the deceased.

    Tijani claimed that the deceased had also finished a bottle of dry gin and taken Indian hemp before the fight.

    The defendant said the cutlass he wielded only fell on the deceased’s foot, stating : “I did not kill anyone, I was surprised when they said he died.’’

    When the prosecutor asked him if he was in court the day the pathologist testified that the deceased died of a deep cut, Tijani said he did not understand  the English that the doctor spoke.

    Justice Akintoye adjourned  to January 11, 2018.

    On October 24, the deceased’s son, Adeola Okanlawon, told the court how the defendant killed his father with a cutlass.

    Adeola, the first prosecution witness, said Tijani killed his father following their  disagreement over  fume coming from the defendant’s generator.

    According to Adeola, his father asked the defendant to change the generator’s position  to stop the fume from entering his room, but the defendant refused to do so.

    “Disagreement between my father and our neighbour over fume coming out from the neighbour’s generator set, caused the death of my father. My father had to push the generator away from its former position, but did not throw it away.

    “The defendant fought with my father which led to his death.

    “When the defendant was cutting my father with cutlass, I pleaded with him not to kill my father, but he refused to listen to me,” Adeola said.

  • Ohakim: Court fixes June 30 to rule on no case submission

    Ohakim: Court fixes June 30 to rule on no case submission

    The Federal High Court, Abuja, has fixed June 30 for ruling on the application for a no-case-submission filed by the former governor of Imo, Ikedi Ohakim.

    Ohakim was to open his defence on Monday, on a three- count charge of money laundering he allegedly committed while serving as governor between 2007 and 2011.

    The charges hinged on the property he acquired but failed to declare in his assets declaration form.

    At the resumed hearing counsel to the defendant, Mr Awa Kalu (SAN), told the court that he had no case to answer and as such he had filed a no-case-submission.

    Kalu also told the court of Ohakim’s willingness to withdraw the initial confessional statement he made as regards ownership of the property he acquired.

    “When he was arrested, he was drilled for eight hours, these are some of the things that led to the alleged confession.

    “There is nothing to show that his house where his documents were kept was not burnt and his documents were not destroyed.

    “It will be injurious to ask the defendant to enter the witness box to explain the transaction that has no witnesses.”

    The counsel, therefore, prayed the court to ask the defendant to go home as he had no case to answer.

    The prosecution counsel, Festus Keyamo, however, objected to the plea saying he had filed an application to that effect.

    “On the issue of withdrawing the statements, those statements were made under caution. It cuts the grass under the feet off the defendant.

    “If he was not free to make the statement, he would have said so, but he signed the statement that he made it free and without compulsion.”

    Kayamo added that Ohakim made efforts to conceal the origin of the property acquired by money laundering, by not being not straightforward in his statements.

    “A man cannot forget how he acquired his house. I ask the court to take judicial notice of the fact that a man does not forget how he acquires his house. It shows effort to conceal the origin of the house.

    “We want the court to invite the accused person to explain how he acquired the house. He should be made to enter his defence.”

    Justice Adeniyi Ademola reserved June 30 for ruling.

  • Defendant locked up for lateness to court

    The defendant in a criminal trial at an Ikorodu magistrate’s court in Lagos, got a foretaste of prison when he was arrested and locked up for a few hours at the jail within the court’s premises for failing to arrive on time for his trial.

    Oladeji Adejare, a 35-year-old male residing in Ibadan, Oyo State, was absent when his case was announced by the court registrar on Friday morning, but his lawyer, Mrs. O. M. Folami informed the court that her client was on the way and had called to say he was almost at the court’s premises. She asked that the case be stepped down for a few minutes.

    The prosecution, Police Corporal Mary Ajiteru, however, disagreed and applied that a bench warrant be issued for the defendant.

    In her ruling, the magistrate, Hon. Mrs. A.B. Olagbegi-Adelabu, said her records showed that the accused had a habit of lateness to court and ordered that upon his arrival, he should be arrested and locked up for a few hours to teach him discipline. She declined the application for a bench warrant but admonished the defendant’s counsel on the need to advise her client to take legal proceedings seriously.

    On his arrival at a few minutes past noon, Adejare was promptly led to jail by bailiffs. He was not released until a few minutes before 4pm.

    Adejare was first arrested by the police last year for obtaining N1.65millon from one Kamoru Mustapha between April 22 and 24 2014, on the pretext that he would buy a Toyota Hiace bus for him but absconded with the money, an offence punishable under Section 312 of the Criminal Laws of Lagos State 2011. He was also charged with stealing in contravention of Section 285 of the same laws.

  • ‘Funsho Williams’ phone found on defendant’

    The handset of the late Funsho Williams was found with one of those standing trial for his alleged murder, a Lagos High Court heard yesterday.

    A witness, Abasi Udoe, a retired Assistant Superintendent of Police (ASP), told Justice Adeniyi Adebajo that the handset was found with Bulama Kolo, the first defendant.

    Udoe said his investigations showed that Kolo; the second and third defendants inserted their SIM cards in Williams’ phone.

    Led in evidence by a state counsel, Mrs. E.I. Alakija, Udoe said call records obtained from GSM service providers, showed that the three defendants used Williams’ phone.

    A huge sum of money for campaign, withdrawn by Williams and his valuables, were also stolen, he said.

    Udoe said the fourth, fifth and sixth defendantsTunani Sonani, Mustapha Kayode and Okeponwasa, were arrested because they were the late Williams’ security men.

    The witness said the blood-stained shirt recovered from the crime scene belonged to Imariabie.

    He said: “I received a letter in December 2006 and came down to Lagos with a team of six officers. I was authorised by then Commissioner of Police to commence investigations.

    “I also visited the crime scene and the forensic department of the police force to check exhibits found at the scene during initial investigations. I discovered that huge sum of money was withdrawn by the deceased for political rally but was stolen along with some jewellery during the incident. I personally arrested the first defendant. He was cautioned along with others and statements obtained from them.”

    Mrs. Alakija urged the court to admit the defendants’ statements as exhibits. Her request was granted.

    But, counsel to the defendants, Mr Agbara Okezie, told the court that Kolo told the police that he got the said phone at Computer Village in Ikeja.

    He submitted that Imariabie also told the police that he was off-duty on the day of the incident.

    Mrs. Alakija prayed the court to issue a witness summon on Chief Superintendent of Police (CSP) Benneth Agbo from the forensic department to tender some material facts on the case.

    Her prayer was granted by Justice Adebajo, who adjourned the matter till May 16.

    Kolo, Maina, Cassidy, Sonani, Mustapha Kayode and Imariabie, are standing trial for the alleged murder of Williams’ in his residence in 2006.

    They were charged with conspiracy and murder, to which they pleaded not guilty.

    The defendants, according to the charge, on or about July 27, 2006, at 34A, Corporation Drive, Dolphin Estate in Lagos, Ikoyi, conspired to murder Williams.

    The offence contravenes Sections 316 and 324 of the Criminal Code, Laws of Lagos State, 2003.