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Tag: FCT High Court

  • Housewife docked for allegedly selling husband’s house, remanded in prison

    A 41-year-old housewife, Mrs Ifeoma Ofuegbu, who allegedly sold her husband’s house without his consent was on Wednesday  arraigned in an FCT High Court, Jabi.

    She, however, denied committing the offence, while the judge, Justice Vera Venda, ordered that she be remanded in Suleja Prisons, and adjourned the case until June 13, for the hearing of her bail application.

    Ofuegbu was docked on charges bordering on cheating, criminal misappropriation and obtaining money by false pretext.

    The prosecutor, Mrs Hadiza Esai, had told the court that the defendant allegedly sold the house situated at Dawaki area of the FCT for N25 million.

    She said the alleged offences contravened Sections 320 and 308 of the Penal Code.

    Her lawyer, Mr Chijioke Osuagwu, applied for her bail and argued that she remained innocent until proven otherwise.

    “The motion is brought pursuant to Section 6(6), 35 and 36(5) and (6b) of the 1999 Constitution of the Federal Republic of Nigeria.

    “Our motion for bail is also backed by Sections 158, 162, 165 of the Administration of Criminal Justice Act (ACJA) 2015.

    “Our prayers are contained in the motion paper; this motion is supported by four paragraphs affidavit and we rely on all the paragraphs, especially paragraph three,” he said.

    Osuagwu urged the court to exercise its discretion in granting the bail in favour of the applicant and drew the court’s attention to the deteriorating health of his client.

    The prosecutor did not oppose the bail application, but said that a plea bargain discussion was already on with the defendant. (NAN)

  • Updated: NJC sacks suspended Abia Chief Judge Uzokwe, one other

    *Set up committees to Supreme Court Justice, 2 state Chief Judges

    *Issues warning to Justice Aladetoyinbo, Williams

    *Dismisses petitions against 31 judges

    *Appoints 60 judges for 24 states

     

    The National Judicial Council (NJC) has recommended to Governor Okezie Ikpeazu of Abia State the compulsory retirement of the state’s suspended Chief Judge, Justice Theresa Uzokwe and Justice Obisike Oji, who was picked in her place.

    This formed part of the decisions taken at the NJC’s 85th meeting held on March 14.

    The NJC had earlier suspended Justice Uzokwe, and issued a query to Justice Oji (of of Abia State High Court) for allowing himself to be sworn-in as Acting Chief Judge when the Abia State House of Assembly purportedly sacked Justice Uzokwe.

    According to the NJC, Justices Uzokwe and Oji were found guilty of misconduct.

    NJC’s Director, Information, Soji Oye, said in a statement that the council also set up committees to Supreme Court Justice, 2 state Chief Judges.

    The statement was silent on the identity of the judicial officers involved.

    The NJC issued warning to Justice S. E. Aladetoyinbo (of the High Court of the Federal Capital Territory (FCT) and Justice Olusola Ajibike Williams of the Lagos State High Court.

    It referred a petition against Justice Mwada Balami of the FCT High Court to the Police to investigate the allegation of N5, 000,000 (Five Million Naira) bribe to the Judge for granting bail to an accused person.

    The NJC dismissed petitions against 31 judges for being without substance and approved the appointment of 60 judges for 24 states.

    In relation to Justice Uzokwe, the NJC said she was recommended for compulsory retirement following the findings of two investigative committees set up to examine the petitions against her by Abia State’s  Attorney-General/Commissioner for Justice,  Umeh Kalu (SAN).

    NJC said Kalu, in the petitions, accused Uzokwe of  illegal constitution and working with a parallel Judicial Service Commission (JSC) instead of the one constituted by the State Governor and confirmed by the House of Assembly.

    It added: “Hon. Mr Justice Uzokwe was also found to have misconducted himself in Suit No. HU/131/2005, wherein he delivered judgement in the sum of N825, 000 (eight hundred and twenty-five thousand naira) only in favour of a litigant, but subsequently signed a garnishee order of N109, 612, 500 (one hundred and nine million, six hundred and twelve thousand, five hundred naira) only.”

    As it relates to Justice Oji, the NJC noted that it had earlier queried him “for allowing himself to be sworn-in as acting Chief Judge, and thereby colluding in, and aiding an unconstitutional process.

    “His (Justice Oji’s) reply was unsatisfactory and the Council recommended his compulsory retirement.

    “The NJC reprimanded, seriously warned and placed on the Watch List Hon Justice S. E. Aladetoyinbo of the FCT High Court for impropriety in a case between U.L.O. Consultants Ltd v BIL Construction Nigeria Ltd, sequel to a petition by one Uche Luke Okpuno.

    “Council would have sanctioned the judge more severely, but had to take into account the fact that aspects of the case are appealable.

    “Council also seriously warned Hon Justice Olusola Ajibike Williams of the Lagos State High Court for grave errors of judgment in her level of involvement in a family business. “Council found that the judge, as a judicial officer, should have been more circumspect and conscious of her office.

    “Council’s sanction was as a result of a petition by Chief Ladi Rotimi-Williams, SAN.

    “Council at the meeting also considered various petitions written against thirty-one (31) judicial officers and resolved to empanel three investigative committees against one Justice of Supreme Court and two state Chief Judges.

    “Petitions against various Justices were dismissed either for lack of merit, lack of evidence of misconduct, being sub judice or that the subject of such petitions were matters for appeal.”

    The dismissed petitions were those written against Justices Abdu Aboki, Theresa Abadua and Ahmed Belgore (all of the Court of Appeal); Justices J. T. Tsoho, Ayo Emmanuel, Sabiu Yahusa, Zainab B. Abubakar and B. O. Quadri (of the Federal High Court).

    Others are Justices A. N. Ubaka and B. B. Kanyip (of the National Industrial Court); Justices Bello Kawu, S. C. Orji, A. N. Talba (of the FCT High Court); Justice K. C. Nwankpa (High Court Abia State); Justice D. A. Onyefulu (High Court Anambra State); Justice W. I. A. Effiong (High Court Akwa-Ibom State), and Justice A. M. Ikpambese (High Court Benue State).

    Equally affected are Justice G. E. Gbemre (High Court Delta State); Justice A. O. Onovo (High Court Enugu State); Justice Idi Apollos (High Court Gombe State); Justice G. O. Ogunsanya (High Court Ogun State); Justice A. B. Abdulkarim, (High Court Osun State); Justice K. A. Ojiako (High Court Imo State); Justices A. M. Lawal;  L. A. Okunnu and L. B. Lawal Akapo (all of High Court  Lagos State).

    The statement also said the NJC “decided to advise Hon. Mr. Justice J. E. Ikede of Delta State High Court and Hon. Mr. Justice Yusuf Halilu of FCT High Court to be more careful in the course of their judicial duties.

    “Council decided to refer a petition by Prince Adesina Okuneye against Hon. Mr. Justice Mwada Balami of the FCT High Court to the Police to investigate the allegation of N5, 000,000 (five million naira) bribe to the judge for granting bail to an accused person.

    “Council decided that the petition should be put in abeyance until the outcome of the investigation by the Police.

    “Council at the meeting also recommended 60 judicial officers to Governors of twenty-four (24) for appointment as High Court Judges, Sharia Court Kadis and Customary Court of Appeal Judges.”

  • ICPC arraigns civil servant for allegedly forging certificate

    The Independent Corrupt Practices and Other Related Offences Commission (ICPC) on Wednesday arraigned one Blessing Njoku in an FCT High Court in Maitama for allegedly forging a National Certificate of Education (NCE).

    Njoku, a civil servant with the Pension Transitional Arrangement Directorate (PTAD) in Abuja, was arraigned on a two-count charge bordering on deceit and forgery.

    The Prosecuting Counsel, Mr Suleiman Abdulkareem, told the court that the defendant sometimes in 2015 in Abuja deceived the Executive Secretary of the directorate that she was a holder of a NCE.

    Abdulkareem told the court that the defendant claimed to have been a student of Alvan Ikoku College of Education, Owerri, between 2006 and 2009.

    The defendant, he added, claimed to have graduated with a credit grade in Business Education, adding that she forged the school’s statement of result to support her claims.

    Read Also:  Lawyer petitions ICPC over FMC Owo contract

    The prosecutor said that the offences were contrary to Sections 25 (1) (a) of the Corrupt Practice and Other Related Offences Act, 2000 and 363 of the Penal Code.

    She, however, pleaded not guilty to the charges.

    Mr Samuel Oche, the Defence Counsel, filed an oral application for bail, arguing that the offences were bailable.

    The prosecutor did not oppose the application, as according to him, granting of bail was the exclusive prerogative of the judge.

    Justice Sunday Aladetoyinbo admitted the defendant to bail in the sum of N500, 000 and one surety in like sum.

    The judge also ordered that the surety must be a senior civil servant resident in the Federal Capital Territory.

    Aladetoyinbo fixed May 2 for the commencement of   trial.

    NAN

  • Injurious falsehood: Sen. Misau‘s case adjourned till March 13

    Injurious falsehood: Sen. Misau‘s case adjourned till March 13

    An FCT High Court, Maitama, on Thursday adjourned until March 13, a case of alleged injurious falsehood preferred against Sen. Isah Misau, to enable counsel to address the court on a subpoena issue.

    The case ­was adjourned at the instance of the court with the consent of counsel.

    Mr Paul Erokoro (SAN), Misua’s counsel, had told the court at the last sitting that the subpoena was for the prosecution to produce some documents in relation to the alleged offences.

    He said that it was also for the Inspector of Police to come and testify for the defendant.

    The Prosecuting Counsel, Dr Alex Izinyon (SAN), said out of the 15 documents, three were in the public domain, while others could not be produced in the public domain due to their security nature.

    Read Also: IGP: Fed Govt amends charges against Misau

    Justice Ishaq Bello, after listening to their submissions , adjourned the case until Feb. 22 for the counsel to address the court on the subpoena issue.

    Misau, the Senator representing Bauchi Central Senatorial District, was arraigned on a seven-count charge, bordering on injurious falsehood.

    Izinyon had told the court that between Aug. 27 and Oct. 5, 2017, the defendant made some injurious statements against the Inspector General of Police, Mr Ibrahim Idris.

    He said the defendant also made similar statements against the Chairman, Police Service Commission, Mr Mike Okiro, adding that the information was widely circulated through some media houses.

    Misau had earlier pleaded not guilty to the allegations leveled against him.

     

  • Area Courts in FCT have no jurisdiction over criminal matters- Judge

    Area Courts in FCT have no jurisdiction over criminal matters- Judge

    An FCT High Court, Apo, on Wednesday ruled that Area Courts in the Federal Capital Territory, under the Sharia Court, have no jurisdiction on criminal matters.

    Justice Bolaji Belgore, gave the ruling in a suit filed by Anugom Ifeanyi Chukwu, an Abuja-based legal practitioner, against the Grand Khadi, Sharia Court of Appeal and two others.

    Belgore declared that All Area Courts in the FCT are restrained from hearing and trying criminal matters under the Penal Code and Administration of Criminal Justice Act 2015.

    Belgore, however, declined to nullify judgments and orders made by the Area Courts on criminal proceedings since 2010.

    Chukwu had approach the court for interpretation of the following.

    Read Also: ‘Why Anambra hasn’t reconstituted customary courts’

    “Whether by virtue of enactment of the FCT, Abuja Area Court Act 2010, the Area Courts in the FCT, have the jurisdiction to entertain and try criminal cases under the Penal Code and Administration of Criminal Justice Act 2015?

    “If the laws of the Federation 1990 gave the Area Courts in the FCT power to hear and try criminal cases under the Penal Code and Administration of Criminal Justice Act 2015?

    The legal practitioner further requested that all final judgments and orders made by the Area Courts on criminal proceedings since 2010 be declared null and void.

    Mr I.G. Haruna, counsel to the defendants, had argued that the plaintiff has no right to demand for the enforcement of statutory act, but the court ruled otherwise, that the plaintiff’ has constitutional right to do so.

    NAN

  • Court reserves judgment over N2.5m suit against Diamond Bank

    Court reserves judgment over N2.5m suit against Diamond Bank

    Justice Angela Otaluka of the FCT High Court, Lugbe, has reserved judgment till February 5 over a N2.5 million fake credit alert allegedly received by Olajide Friday from Diamond Bank arising from a car transaction.

    Mr Cyril Nwaogu, the Counsel to Friday, a car dealer, while closing his case urged the court to ask Diamond Bank to restore the amount to his client and other damages caused.

    According to him, “my client got an alert from a customer that the sum of N2.5 million has been credited to the plaintiff and he released the car, but on getting to the bank we discovered that the money was not credited to his account.

    ” We wrote to Diamond bank severally, but the bank promised to revert to us their findings, but we did not hear from it again, that was why we came to court.”

    According to Friday, “I had a N2.5 million transaction with my client and he called me that he has paid the money into my account, which I received a credit alert on the usual platform from the bank.”

    Read also: Court freezes lawyer’s account over alleged N40m fraud

    He said he never questioned the veracity of the alert because he had no reason, as it was the usual way he received alert from the bank.

    He said he had to release the car the moment he got the SMS alert from Diamond bank, adding that after three days, he went to the bank to claim his money and discovered that the money was not credited.

    He blamed the bank for such anomaly, adding that receiving SMS alert was the only medium he could know that payment had been made.

    He said he wrote to the bank and it promised to get back after investigation but to no avail.

    Mr Austin Uwanna, the Counsel to Diamond bank, told the court that his client would be applying for N500,000 damages from the plaintiff.

    He said the suit was baseless and unfounded because Diamond bank was not a party to the transaction.

    Uwanna said the plaintiff agreed with his customer that he would receive alert from the transaction, stressing that diamond bank was not a party to such agreement.

    The defence counsel said the plaintiff went to the bank and did not see any alert, adding that the bank could not be said to be culpable in such matter.

    NAN

  • Our anger against judiciary – PACAC

    Our anger against judiciary – PACAC

    The Presidential Advisory Committee Against Corruption ( PACAC ) Monday said it was not at war with the judiciary, but was “furious” with some judges and lawyers who allegedly sabotage the judicial process.

    A member of the committee, Prof Femi Odekunle, said PACAC was not against the judiciary.

    He spoke in Abuja at the opening of a four-day Capacity Building Workshop for Judges, Magistrates, Area Court Judges and Registrars, organised by PACAC in collaboration with the High Court of the Federal Capital Territory (FCT).

    Chief Judge of the FCT High Court, Justice Ishaq Bello, said criminal cases in which much progress have not been made would be struck out.

    A justice of the Court of Appeal, Helen Ogunwumiju, who gave the keynote address, urged judges to take firm control of their courts so the judiciary does not become the weakest link in law enforcement.

    The workshop is on The Application of the Practice Directions on the Implementation of the Administration of Criminal Justice Act 2015.

    Prof Odekunle, who chaired the event, said: “Contrary to the perception in certain quarters, PACAC is not against the judiciary, the legal profession or any set of judges or lawyers.

    “Yes, PACAC is furious against a few judges, and a few lawyers who are sabotaging the anti-corruption fight, because the few not only frustrate the fight, they also damage the diligent and honest work of the so many good and hardworking judges of our judiciary.”

    Prof Odekunle said judges alone are not to blame for the delay of cases.

    “For instance, judges cannot be blamed for the archaic rules/regulations that literally ‘tie’ the hands of judges and give room for the God-forsaken shenanigans of defence lawyers; incompetent prosecutors further disabled by under-funding, under-staffing or inadequate logistics; and investigators who by default (and sometime by design) ignore to properly ‘service’ the ingredients to prove and offence,” he said.

    Justice Bello said a committee to be known as De-clogging Panel, would be set up after the workshop with a mandate to identify dormant criminal cases to be struck out.

    He said he sent out circulars to all the prosecuting agencies six months ago asking them to compile a list of cases that they could no longer prosecute so they could be struck out.

    None of the security agencies responded, he said.

    “As soon as we’re able to set up this panel, we’re going to strike out these cases. Judicial tolerance is being overstretched.

    “Because we keep bending backwards on the ground that these are cases of armed robbery, murder, the investigating authorities tend to over-capitalise on that and keep seeking adjournments without completing investigations.

    “Cases tend to stay in court unattended. By the time we have this panel, I assure you, we’re going to throw out these cases, whether they’re armed robbery or murder cases.

    “If they choose to re-arrest, we’ll give them time-line to complete the prosecution, because we must rescue the integrity of the judiciary and the justice system. This we want to do,” he said.

    Justice Bello urged judges to exercise caution in extending remand orders.

    He said such detention orders were being granted as a matter of course, with suspects sometimes being unduly detained.

    “I think we (judges) should be more proactive, particularly when there is a second remand request.

    “We must be able to find reasons; legitimate grounds as to why the extension of the remand order earlier granted should be made. This will check the excesses of the remanding authority. This we should know should not be a matter of course. We must be able to ascertain why.

    “In the first instance, we may allow it to go, but when you want to keep the detained persons, you must give us reasons why there should be an extension of the remand order. The idea is to ensure expeditious completion of investigation and reduce delay of trial,” he said.

    Justice Ogunwumiju urged judges to be firm and in control of their courts and not let lawyers dictate proceedings.

    “We must take back control of our courts. We are dominus litis (master of a suit) in our courtroom. I have never been able to understand how any court would allow counsel representing a client get the opportunity to dictate the tune in the courtroom.

    “The law has given the judge the power to dictate the tune for lawyers and litigants to dance to. The judiciary cannot afford to allow itself to become the weakest link in the enforcement of our laws because the wheels of justice grind so slowly.

    “It is my ardent hope that all chief judges will follow this laudable example and enact similar Practice Directions in their various jurisdictions,” Justice Ogunwumiju said.

  • NEXIM ordered to refund $385,000 to marine transport company

    NEXIM ordered to refund $385,000 to marine transport company

    An FCT High Court, Maitama, on Monday ordered the Nigerian Export-Import Bank (NEXIM) to refund $ 385,000 to Emaren Oil and Gas Ltd for failed business transaction.

    Justice Peter Affen, who delivered judgment in a suit filed by the company, ordered that the amount which was a deposit made by the plaintiff should be refunded.

    “Nigerian Export-Import Bank shall forthwith refund and return to the plaintiff, Emaren Oil and Gas Ltd the sum of $385,000 or its naira equivalent at the official exchange prevailing rate at the time of refund.

    “This sum was deposited as equity contribution towards the acquisition of 5,000 metric tonnes marine tanker vessel together with interest thereon at the interest rate approved by the Central Bank of Nigeria, with effect from Feb. 24, 2009, when the deposit was made,“ he held.

    He also ordered NEXIM to pay the plaintiff N15 million as damages for negligence and for making the plaintiff to enter failed transaction.

    Affen also ordered the second defendant, Mr Adeniyi Adeoye, to pay the plaintiff, N15 million as compensation for non-implementation of memorandum of agreement dated April 16, 2009.

    The judge traced the litigation to an ill-fated vessel acquisition transaction between Emaren Oil and the second defendant, Adeniyi Adeoye, and financed by NEXIM.

    Affen noted that sometime in April 2007, Emaren, a gas transportation company applied for a loan facility to enable it acquire a 5,000 metric tonnes marine tanker vessel for the purposes of its business.

    The company also made an equity contribution of about 20 per cent of the value of the vessel to NEXIM as it was required to do

    The judge observed that for reasons that are not of immediate relevance in the present proceedings, the vessel already identified by Emaren was sold to a third party.

  • Businessman in court over N86m fraud

    Businessman in court over N86m fraud

    Justice Angela Otaluka of the FCT High Court, Lugbe on Monday commenced trial in a case involving Idris Shuabu, a developer and Ikechukwu Sebastian for allegedly obtaining N86 million under false pretence.

    Prosecution counsel, Mr Richard Dauda, who led Shuaibu in evidence at the witness box, said his 26 hectares of land was revoked by the former Minister of FCT, Mr Bala Muhammed in 2014.

    Shuaibu said that he was then introduced to Sebastian by his uncle, one Gogobiri, who he said worked with Abuja Geographical Information Systems (AGIS) and was in the position to help get back the revoked land.

    He said that the defendant promised that his property would be reinstated if he agreed to sign a Memorandum of Understanding (MoU) with him.

    He said that when he gave a copy of the MoU to his lawyer, he was advised against it.

    He said that the defendant had requested the sum of N150 million to be paid as the amount for the yet-to-be reinstated landed property revoked by the former minister.

    “Sebastian kept calling me and since I thought he was a staff of AGIS and I am a business man, I boycotted my lawyer and went ahead to make payment.’’

    He said that he paid Sebastian both in dollars and naira without the consent of his lawyer.

    He said that he paid the total sum of N86 million before he discovered Sebastian was not a staff of AGIS.

    Shuaibu said that the attitude of the defendant in getting his land reinstated propelled him to approach the Deputy Director of Land in AGIS to confirm the identity of the defendant.

    He said that it was a shock when he heard that the defendant was not a member of staff of AGIS.

    He said that he requested that his lawyer petitioned the Economic and Financial Crime Commission (EFCC) to demand his money back, adding that he was invited by the commission for questioning.

    Shuaibu then asked the court to compel the defendant to produce his money, adding that the defendant had shown that he was dishonest and could not be trusted.

    However, Counsel to the Defendant, Mr Paul Samson prayed the court to adjourn the matter because he was not in possession of necessary documents that could help in the trial of the case.

    He said that the purpose of the document would help assist the defendant to get justice in the matter that was before the court.

    Otaluka however adjourned the case until July 4 for further hearing.

    The judge called on the parties to arm themselves with all the necessary documents, adding that she would no longer tolerate any adjournment in the matter.

     

  • Court adjourns Lawan, Otedola alleged bribery case till June 21

    Court adjourns Lawan, Otedola alleged bribery case till June 21

    An FCT High Court, Lugbe, on Wednesday adjourned until June 21 and June 22, an alleged bribery case involving Hon. Faroq Lawan and Femi Otedola.

    Justice Angela Otaluku of the FCT High Court granted the request of counsel to the defendant, Mr Mike Ozekhome in view of the application brought before it.

    “In view of this application, this case is further adjourned until June 21st and 22nd, 2017 for further hearing,” she said.

    Ozekhome said the request for adjournment was to enable him prepared and drill the witness in the next appearance, adding that there was need to diligently cross examine the witness in view of the case.

    Meanwhile, Ozekhome had earlier made an application to recall Prosecuting Witness Two (PW2) on the basis of his non-availability in the court the day he appeared in court because it was handled by a junior lawyer.

    “I was attending a case involving me and the EFCC, so I couldn’t make myself available.”

    However, the request was turned down because the witness could not be recalled to testify again.

    In a swift reaction, Ozekhome promised to take the case up to the Supreme Court to determine if a witness who had earlier testified in a case could be recalled.

    He said this was to strengthen the judicial system and allow justice to run its course.

    Mr Adegboyega Awomolo, the Prosecuting Counsel led Hon. Jagaban Jagaban, a member of the House of Representatives and a former Chairman, House Committee on Drug, Narcotics and Financial Crime in evidence against the defendant.

    He said that his relationship with Lawan was the same that exists among House of Representatives members, adding that he never had any other relationship with him.

    He said that his job as the committee Chairman on Drugs, Narcotic and Financial Crime was to supervise the activities of EFCC and NDLEA, adding that he also made budgets for them.

    “We are empowered by the constitution to investigate matters relating to our committee when reported and referred to the Federal Government for further investigation.

    He said that he did not collect any money from the defendant as claimed in his statement to the Police.

    Further cross examination in the case has been adjourned until June 21 and June 22.