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Tag: face trial

Court: Prophet Ayorinde must face trial over alleged dud cheque

An Ikeja High Court yesterday declared that a Lagos prophet, Samson Ayorinde of the World Evangelism Bible Church, must face trial over the alleged issuance of N118 million dud cheque.

Justice Yetunde Adesanya, in a ruling, dismissed the fundamental rights application filed by the Registered Trustees of World Evangelism Incorporated alongside Prophet Ayorinde and Rev. Harold Chinoyerem of the same church, seeking to restrain the Nigeria Police from arresting them over alleged issuance of N118 million dud cheque.

The court held that the Police could not be restrained from inviting, arresting and detaining the applicant in the course of its investigation.

The judge held that restraining the law enforcement agency from arresting a person alleged to have committed an offence amounted to abuse of judicial power.

Ayorinde and other applicants had instituted a fundamental rights suit marked D/6724MFHR/2018 before the court seeking a declaration that their harassment, intimidation, threat of arrest, detention and invitation by the police at the instance of some people was violation of the fundamental rights to personal liberty as guaranteed under sections 34 and 35 of the constitution.

The suit was filed through their lawyer, Emmanuel B. Benjamin.

The respondents are Mr. Oludare, Amos Aturamu, Mrs. Kemi Adesanya, Smart Link Property Services, Lagos State Commissioner of Police, Deputy Commissioner of Police (DCP) in-charge of State Criminal Intelligence and Investigation Department (SCIID), Panti, Lagos, officer in-charge of Assistant Commissioner Section, and SP Alhaji Aminu of SCIID, Panti, Lagos as first to seventh respondents.

The prophet and others are also asking the court to restrain the police, their agents, privies and servants from inviting, arresting, detaining, harassing and molesting or any manner infringing on their rights and an order restraining the police from publishing their names in any police bulletin or any medium for the purpose of declaring them wanted.

The applicants prayed the court to order the police to pay them N4 million as compensation for breach of their fundamental rights

However, the police in an affidavit filed before the court, urged the court to dismiss the suit.

Counsel to the Police, Mr. Samsideen Adebesin, averred in the affidavit that the police received a petition from Aturamu, Adesanya and Smart Link Services, wherein they alleged that Ayorinde obtained a loan of N30 million from them sometime in August 2016 for the expansion of his church, with the promise that the loan would be refunded within two months with interest rate of 30 per cent.

The police added that in the petition, the petitioners alleged that not quite long after the loan was granted to Ayorinde, he travelled out for medical vacation to attend to his health, only to return to the country in July 2017.

The police averred that when Ayorinde could not repay the loan, the interest rate was reduced to 22.5 per cent as a mark of good gesture by the petitioners.

The police also stated that Ayorinde was being investigated on a criminal complaint of issuance of dud cheques and upon receiving the complaint Ayorinde did not present himself to the police.

Rather, it said sometime in August 2017, Ayorinde volunteered a statement in reaction to the allegation against him and he was granted administrative bail.

However, contrary to the applicant’s claim, the judge held that “on the totality of the foregoing that there has been no harassment, intimidation, threat of arrest or detention of the applicants.

“I must also find and hold that the police cannot be restrained from inviting, arresting (where necessary) and detaining the first and third applicants in the course of its investigation as prescribed by law”, the court held.

December 11, 2018
Diezani cash: Ex-Minister Akinjide to face trial in Lagos

The case of a former Minister of the Federal Capital Territory, Jumoke Akinjide, has been transferred to the Federal High Court in Lagos.

It has been re-assigned to Justice Muslim Hassan.

Akinjide was charged along with former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, who is said to be at large.

Others named in the charge are Senator Ayo Adeseun and a Peoples Democratic Party (PDP) stalwart Chief Olarenwaju Otiti.

They were accused of conspiring to directly take possession of N650million, which they reasonably ought to have known forms part of the proceeds of an unlawful act.

They were arraigned last June before Justice Joyce Abdulmalik in Ibadan.

It was learnt that the Acting Chief Judge, Justice Adamu Kafarati, moved the case to Lagos at Akinjide’s instance.

The former minister was granted bail on self-recognition when she was arraigned in Ibadan. She was also asked to submit her international passport.

Prosecuting counsel Mr Rotimi Oyedepo confirmed to our correspondent yesterday that the former minister would be tried in Lagos.

“Yes, we have been served with a Hearing Notice by the Federal High Court, Lagos Division, that the case is coming up before Justice Hassan next week,” he said.

The defendants allegedly received the money from Mrs Alison-Madueke in the build- up to the 2015 general election.

It was said to be part of the $115 million allegedly disbursed by Mrs. Alison-Madueke to influence the outcome of the 2015 presidential election.

One of the charges reads: “That you, Mrs. Diezani Alison-Madueke (still at large), Oloye Jumoke Akinjide, Senator Ayo Ademola Adeseun and Chief Olarenwaju Otiti on or about the 26th day of March, 2015, in Nigeria within the jurisdiction of this Honourable Court conspired amongst yourselves to directly take possession of the N650 million which sum you reasonably ought to have known forms part of the proceeds of an unlawful act.

“That you, Oloye Jumoke Akinjide, Senator Ayo Ademola Adeseun and Chief Olanrewaju Otiti on or about the 26th day of March, 2015 in Nigeria, within the jurisdiction of this Honourable Court did conspire amongst yourselves to commit an offence, to wit: making cash payment of the sum of N650 million which sum exceeded the amount authorized by Law without going through financial institution and you thereby committed an offence.”

The defendants pleaded not guilty.

It was learnt that Akinjide held plea bargain talks with the EFCC. The case may come up before Justice Hassan on Tuesday.

January 11, 2018
Tenant to face trial today for neighbour’s death

A MAN , Ibrahim Adetunji, will today be arraigned before a Yaba Magistrates’ Court for the alleged murder of his neighbour on January 1.

Adetunji allegedly stabbed Stephen Olayiwola with a broken bottle during a quarrel at their 66, Lafunke Street, Ijegun, Lagos residence.

The Nation, on Monday, reported that Olayiwola’s daughter, Abigail (9), urged the police to execute the man who killed her father.

The Deputy Commissioner of Police (DCP), Panti, Bolaji Salami, who confirmed that Adetunji was being detained at Panti police station, said the suspect would be charged to court today.

“We are charging the suspect to court tomorrow (today). He confessed to the killing of the other man. If it is established that somebody killed another person, we cannot release him, we will take him to court. I have no power to release him,” he said.

The Lagos State Public Advice Centre (PAC), a unit of the Ministry of Justice, promised that justice would be done in the matter.

Its Director, Mrs Omotola Akinsanya, allayed the bereaved family’s fear of a cover up.

She said: “Mrs Abidemi Olayiwola was afraid that the killer of her husband would escape justice but we have spoken with DCP Salami and he has assured us that justice would prevail. We would also write on her behalf to the Ministries of Women Affairs and Poverty Alleviation, Office of Civic Engagement and Ministry of Youth and Social Development.

“The essence of the letters is to seek help for her and for the children, especially in the area of school fees and a business for the widow, because she currently has no job. The widow has relived her ordeal to us and we are ready to help her till the end.”

Mrs Olayiwola said all she wanted was justice for her husband, noting :

“The man that killed my husband is a criminal and the police must not allow him to escape, he should be dealt with according to the law.”

She added that she needed help. “All I had was my husband, he was everything to me, his mother is late, his aged father is in Oyo State and he has no job. I have nothing, I have no job and I don’t know how I wILL take care of the children,” she said.

January 10, 2018
Lagos CJ : three court workers to face trial for corruption

Three workers in the Litigation Registry of the Lagos State Judiciary and a National Youth Service Corps member arrested for alleged corrupt practices last month are to be charged to court soon, the Chief Judge, Justice Opeyemi Oke, said yesterday.

To be arraigned with them is a tout, said to be in the habit of impersonating workers to defraud court users.

Justice Oke was speaking at a ceremony to mark her commitment statement to rid the judiciary of corruption at the Igbosere, Ebute Metta and Yaba Magistrates’ Courts premises. She made the pledge when she was sworn in on ……

Justice Oke said the workers had appeared before the Lagos State Judiciary Staff Commission.

The incident, she said, marked the end of their career in the service.

She said a registrar would also appear before the commission soon for alleged corrupt practices.

Justice Oke said her commitment statement was intended to embolden the public to report any worker, who asked to be paid before before serving them.

“We don’t want anybody to destroy the Lagos State Judiciary. The Judges are fully in support of the fight we are waging against corruption in the system.

“The bar is also determined to fight corruption with us. The members of the bar are the users of the court. They too have promised to report back to us”, she said.

Justice Oke said the bar have also resolved to flush out “accidental lawyers” in their midst to fight corruption in the Judiciary.

She described accidental lawyers as those who induce staff of the Judiciary with money to get things done.

December 19, 2017
Keystone Bank’s ex-MD must face trial, says Appeal Court

The Court of Appeal, Lagos Division, yesterday held that former Keystone Bank (former Bank PHB) Managing Director Francis Atuche must face trial for alleged N25.7b theft.

The court upheld the appeal filed by the Economic and Financial Crimes Commission (EFCC) against a Lagos High Court verdict which dismissed the charge.

Last June 22, Justice Lateef Lawal-Akapo ruled that he lacked jurisdiction to entertain the suit and that the prosecution’s case lacked merit.

He discharged Atuche of the theft charge along with his wife, Elizabeth, and a former Chief Financial Officer of the bank, Ugo Anyanwu.

But the appellate court in its judgement delivered by Justice Gana Mshelia, set aside the judgment.

She ordered the Chief Judge of Lagos State to reasign the case to another judge or retrial.

Justice Msheila in her lead judgement held that the trial judge erred in law by holding that it was bound on the principle of stare decisis by the decision in Okey Nwosu Vs Federal Republic of Nigeria and Akingbola Vs Federal Republic of Nigeria.

The appellate court further held that the lower court erred when it struck out counts 1 to 24 and 26 in the amended information against the third defendant.

Justice Lawal-Akapo had held “I find no merit in the prosecution’s application, it is hereby dismissed. The defendants application dated November 27, 2013 succeeds and I hereby make the following orders:

“The criminal charge in this suit is hereby struck out and the accused persons namely; Francis Atuche, Elizabeth Atuche and Ugo Anyawu are discharged. The complainant’s notice of plenary objection dated December 3, 2013 is hereby dismissed”, Justice Lawal-Akapo had declared.

But the EFCC in its appeal filed by its counsel, Kemi Pinheiro (SAN), is now seeking an order of the Court of Appeal setting aside the order of Justice Lawal-Akapo striking out the counts contained in the amended information dated June 1, 2011.

Other reliefs sought by the EFCC include an order allowing its appeal and an order directing a continuation of trial and defence before Justice Lateefa Okunnu of the High Court of Lagos State sitting in Ikeja.

The EFCC, which based its appeal on five grounds, told the court that the learned trial judge erred in law by proceeding to strike out the entirety of the amended information when by the unambiguous and plain provisions of Section 252(3) of the Constitution, no exclusive criminal jurisdiction is conferred on the Federal High Court (at least to the exclusion of the Lagos High Court) on the matters provided for under Section 251(1).

The commission contended that it was wrong for the court to strike out counts 1 to 24 and 26 in the amended information against the third defendant when the order of the Court of Appeal against which he claimed the lower court assumed jurisdiction over the charge was in respect of the appeals initiated by the first and second appellants only stressing that the third defendant was not a party to it.

He said neither the third defendant nor his counsel made any application before the court seeking to have counts 1 to 24 and 26 of the amended information struck out. He said the court, by so doing, has become charitable by granting relief and order not sought for by the third defendant.

The EFCC submitted that the defendants pleaded separately each of the counts contained in the amended information to the main suit.

It explained that counts one to 10 dealt with the alleged stealing of money belonging to the bank while count 11 to 27 dealt with the allegation of conversion of the monies to personal use.

It said the court ignored the provisions of Section 152 and 153 of the Administration of Criminal Justice Law 2011 by striking out all the counts against the defendants.

The EFCC contended that the trial judge erred in law by holding that it was bound on the principle of stare decisis by the decision in Okey Nwosu Vs Federal Republic of Nigeria and Akingbola Vs Federal Republic of Nigeria.

It said the decision of the Court of Appeal in Ehindero Vs Federal Republic of Nigeria and Sebastian Adigwe Vs Federal Republic of Nigeria affirmed the non-exclusivity of the criminal jurisdiction of the Federal High Court.

The EFCC contended that where there are two or more conflicting decisions of a higher court or the Court of Appeal, the law stipulated that the lower court is at liberty and free to choose which of the decisions to follow and cited the cases of Eze Vs Attorney General Rivers State, Ikweki Vs Ebele and Mohammed Vs MECO Limited to support his claim.

The commission said the lower court was wrong to hold that it was bound by the decisions of the upper court in the cases of Okey Nwosu and Akingbola and to declare that the cases were similar and applicable to the instant case.

September 24, 2016
Saraki finally liberated to face trial

After a prolonged effort to avoid trial at the Code of Conduct Tribunal (CCT) for an offence related to false declaration of assets, Senate President Bukola Saraki has finally exhausted all means of appeal. The Supreme Court ruled last Friday that they could find no excuse to enable him avoid trial. In the opinion of Dr Saraki, the trial is a political witch-hunt inspired by his enemies within the APC after he snatched the top senate seat with Machiavellian flourish. But on such issues and cases as Dr Saraki will be tried, the courts are less inclined to entertain motives and political panache than they are concerned with cruel and gnawing actualities. The apex court at last decided that Dr Saraki should go to the tribunal and prove the innocence he talked so animatedly of, instead of the politics he whispered so surreptitiously about.

Though the National Assembly did their best to bring suspicious pressure to bear on the president of the CCT, and the defendants themselves had taken exception to the composition of the conduct court, there is nothing exceptionally strong enough now to bar a trial. The trial may not be accompanied by the kind of political theatrics that nearly smothered it to death in the early weeks of the case, but it is guaranteed to be messy, loud, embarrassing and portentous for Dr Saraki. His stay in office will depend on the outcome of the case, though there will be pressure on him to relinquish office while the trial lasts. Alas, his freedom and political future may also depend on the outcome of the case, a prospect considerably more galling than any he has ever encountered, not even his alleged involvement in the Societe General Bank case.

The prosecution says it requires only a few days and eight witnesses to prove the guilt of Dr Saraki. Like the Senate President, they will have the chance to walk their talk in court. Not many people are hopeful that some political agreements can be hammered out to bring the case to a nullity. If that hope is not misplaced, Dr Saraki is guaranteed to go through very trying and disruptive moments in the months ahead. At the end, he will be broken or made.

February 7, 2016
Oronsaye, others to face trial on fresh charges

•Judge frowns at prosecution’s late filing of case

THE Economic and Financial Crimes Commission (EFCC) yesterday said it had filed new charges of money laundering against former Head of Service of the Federation (HOSF), Stephen Oronsaye and others.

Oronsaye and two others – Osarenkhoe Afe and his company, Fredrick Hamilton Global Services Limited – were arraigned on July 13, this year, on a 24-count of laundering about N1.2 billion. They pleaded not guilty.

They were charged under Section 14 of the Money Laundering (Prohibition) Act, 2004 and Section 1(1) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

Yesterday, the prosecution, which was expected to by call its first set of witnesses, told Justice Gabriel Kolawole that it had filed a fresh charge.

Prosecuting counsel Adebisi Adeniyi said the new charge contained 35 counts, with more corporate organisations as defendants.

They are Global Services Limited, Cluster Logistic Limited, Kangolo Dynamic Cleaning Limited, Crew Investment & Construction Company Limited, in addition to Oronsaye, Afe and his company.

Justice Kolawole rejected the objection by Oronsaye’s lawyer, Ade Okeaya-Inneh (SAN), to the new charge.

He, however, frowned at the prosecution’s decision to file an amended charge less than 24 hours to the trial.

“I am only concerned that the state only realised in less than 24 hours to the date of hearing that it needed to bring an amended charge by not only increasing the counts from 24 in the original charge to 35 in the amended charge and to increase the number of counts from three to six.

“This, in my view, is a rather untidy manner in handling criminal prosecution. I dare say that it is in force with opinion expressed by the Chief Justice that prosecution of corruption cases are often delayed because the investigation is often driven by arrest-led investigation rather than investigation-led arrest.

“By this, it seems that it was after the defendants herein were arrested and charged to court that investigation carried out showed that the state needs to bring charges against three other defendants and increase the number of counts,” the judge said.

Justice Kolawole directed the prosecution to serve the new charge on the defendants and adjourned to November 25.

Oronsaye, Afe and his company were, in the earlier charge, accused of jointly defrauding the Federal Government of N118,992,201.6 under the guise of paying the money in tranches for the contract of biometric data capture project between March 2010 and December 2011.

They were alleged to have committed the offence by paying for phoney contracts to nine companies, including Innovative Solutions, Fredrick Hamilton Global Serices, Xangee Technologies Limited, Fatideck Ventures, Obalando Nigeria Enterprises, Moshfad Enterprises and Fesbee Global Resources Limited.

Other companies named by the prosecution included Jolance Integrated Concept Limited and MOF Investment Limited.

The prosecution said Abdulrasheed Maina, allegedly involved in the deal, is on the run.

November 4, 2015
Diezani, brothers to face trial for alleged bribery

UK court okays seizure of £27,000

•Hardley Petroleum Solutions Limited
(Believed to be used for money laundering)
•Company registered in Manchester 27/06/2013
•Company dissolved in Manchester 10/02/2015
•Company didn’t file any account when operating
•Directors: Ugonna Madueke, Abu Fari, Somye
Agama and Abiye Agama

Former Minister of Petroleum Resources Mrs Diezani Alison-Madueke is to be arraigned in London with her brothers for alleged bribery and money laundering, it was learnt yesterday.

Investigations by our correspondent in the United Kingdom showed that she was arrested with her brothers Abiye Agama and Somye Agama.

They are directors of Hadley Petroleum Solutions Limited, a company the authorities believe to have been used for money laundering. The other directors are Ugonna Madueke and Abu Fari.

The company was registered in June 2013 in Manchester, but was dissolved less than two years later in February this year without filing any account.

Abiye, 33, a point man of the firm, is a computer engineer and manager. He was a director in 11 other companies. He resigned from seven of them.

The United Kingdom’s National Crime Agency (NCA) last week arrested Mrs Alison-Madueke and five others as part of the investigation into allegations of bribery and money laundering. They were granted bail.

It could not be ascertained why the former minister was not arraigned.

But she had previously denied any wrongdoing when it was alleged that $20 billon of oil money had gone missing when she was in office between 2010 and 2015

However, a London (Westminster Magistrate’s Court) on Marylebone Road yesterday approved the seizure of $41,000 (£27,000) cash from her.

The seizure of the cash followed an application brought by the NCA under the Proceeds of Crime Act in the UK.

The court ruled that the money can be held for six months.

There was confusion earlier in the day that Mrs Alison-Madueke had appeared in court. However, it turned to be incorrect. She was not taken to court and had not been charged with any offence.

President Muhammadu Buhari has pledged to curb corruption, saying “mind-boggling” sums were stolen during the Jonathan administration.

The NCA leads UK law enforcement’s fight to cut serious and organised crime. It has national and international reach and the mandate and powers to work in partnership with other law enforcement organisations to bring the full weight of the law to bear on serious and organised criminals.

The Proceeds of Crime Act says “The Proceeds of Crime Act 2002 (“POCA”) sets out the legislative scheme for the recovery of criminal assets with criminal confiscation being the most commonly used power.

“Confiscation occurs after a conviction has taken place. Other means of recovering the proceeds of crime which do not require a conviction are provided for in the Act, namely civil recovery, cash seizure and taxation powers.

“The aim of the asset recovery schemes in POCA is to deny criminals the use of their assets, recover the proceeds of crime and disrupt and deter criminality.

“Since 2010, more than £746 million of criminal assets has been seized (to 2013/14) across all four methods of recovery – a record amount.

“Over the same period, assets worth more than £2.5 billion have been frozen denying criminals access to these resources and £93 million has been returned to victims,” said a factsheet.

October 6, 2015
1,920 miscreants face trial

Lagos State Task Force Agency has prosecuted 1,920 miscreants so far this year, its chairman, Mr Olubukola Abe, has said.

Abe told reporters in his Alausa, Ikeja office that 2,127 miscreants were initially arrested, adding that 162 were screened and 55 were discharged.

He said over 1,720 motorcyclists were arrested for plying restricted routes and their machines confiscated.

The agency’s activities, Abe said, were geared towards ensuring a secure and tidy environment for commerce to thrive.

Street trading, he said, remained prohibited in the state, noting that it is responsible for most of the heavy traffic in the city.

He urged motorists to desist from patronising street traders.

October 6, 2015
Al-Qaeda: Nigerian suspect to face trial in U.S

A Nigerian suspect, Lawal Olaniyi Babafemi, is expected to face trial in the United States for allegedly supporting a designated foreign terrorist organisation, al-Qaeda in the Arabian Peninsula (AQAP).

The 33-year old suspect was allegedly given about $9,000 by AQAP leadership to recruit other English speakers from Nigeria to join the terrorist group.

Charges were preferred against Babafemi yesterday by the U.S Attorney for the Eastern District of New York, Loretta E. Lynch; the Acting Assistant Attorney-General, National Security Division, John Carlin and the Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office, George Venizelos.

A statement by the Information Office, Public Affairs Section of the U.S. Embassy in Nigeria, said Babafemi is also known as “Abdullah” and “Ayatollah Mustapha”.

The embassy said the suspect would soon be extradited from Nigeria to the U.S for trial.

The statement said: “An indictment was unsealed yesterday in the Federal Court in Brooklyn, New York, charging a Nigerian citizen with providing material support to a designated foreign terrorist organisation, al-Qaeda in the Arabian Peninsula (“AQAP”), and using high-powered firearms in furtherance of that crime.

“The United States is currently seeking the extradition of the defendant, Lawal Olaniyi Babafemi, also known as “Abdullah” and “Ayatollah Mustapha,” from Nigeria.

“At the request of the United States, the Nigerian government thereafter commenced extradition proceedings against the defendant in July 2013.

“The charges were announced by E. Lynch, Carlin, and Venizelos.

“United States Attorney Lynch acknowledged the continued cooperation and assistance of the government of Nigeria in terrorism matters affecting both nations.

“According to court documents, between approximately January 2010 and August 2011, the defendant travelled twice from Nigeria to Yemen to meet and train with leaders of AQAP, the Yemen-based branch of al-Qaeda.

“Babafemi assisted in AQAP’s English language media operations, which include the publication of the magazine, Inspire.

“At the direction of the now-deceased senior AQAP commander Anwar al-Aulaqi, Babafemi was provided by AQAP leadership with the equivalent of almost $9,000 in cash to recruit other English-Speakers from Nigeria to join that group.

“While in Yemen, Babafemi also received weapons training from AQAP.”

August 29, 2013