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Tag: FCT High Court

  • Court adjourns Lawan bribery case till June 21

    Court adjourns Lawan 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.

     

  • Alleged N190m fraud: Court discharges Oronsaye

    Alleged N190m fraud: Court discharges Oronsaye

    An FCT High Court, Maitama, on Tuesday discharged Steve Oronsaye, former Head of the Civil Service of the Federation, of the N190 million corruption charges leveled against him.

    Oronsaye was also the Chairman, Presidential Committee on Financial Action Task Force, set up by former President Goodluck Jonathan.

    He was docked on a seven-count charge, bordering on breach of trust and diversion of N190 million meant for the committee he chaired.

    The judge, Justice Olasumbo Goodluck, in her ruling on the no-case submission filed by Oronsaye, held that the prosecution failed to establish a prima facie case against Oronsaye.

    “There was contradictory evidence by the prosecution witnesses on whether the defendant was still the head of service as at the time he chaired the committee.

    “The court seems to discredit the evidence, suffice it to say that there is no evidence linking the accused with the statutory element and ingredients of the offence with which he is charged.

    “The court of trial must as a matter of law discharge him because it has no business scanting for evidence that is nowhere to be found.

    “ I have looked through the case and I am unable to see any justifications for this case.

    “ The defendant is hereby discharged“ she held.

    The News Agency of Nigeria (NAN) recalled that the prosecution closed its case on Nov.15 after calling six witnesses to testify.

    On Dec. 9, the defence filed no-case submission, on the ground that the prosecution had no case against the defendant.

    In his submission, the defence counsel Chief Kanu Agabi (SAN), argued that there were omissions of essential elements in the charges against his client.

    He said on that account the charges were imperfect.

    Agabi said that the charge was initially 2- count, later amended to 7-count.
    He said that, that was a sign that something was wrong with the charge from the beginning.

    He said that the prosecution did not specify the amount that was entrusted to the defendant, nor the mandate of the committee the defendant chaired.

    Agabi also said that no evidence of personal use of the fund that the defendant was accused of misusing, but mere allegations.

    He said that no offence proven by prosecution to warrant the defendant to enter defence and urged the court to grant his no-case submission.

    Responding, the prosecuting counsel, Mr Offem Uket, told the court that the prosecution has proved its case, adding that the defendant should enter his defence.

    Uket said that it was not right to bring up the issue of imperfection of charges now, as it was against the provisions of the Administration of Criminal Justice Act, (ACJA) 2015.

    He urged the court to dismiss the no- case submission.

     

  • Again, trial of Metuh stalled, case adjourned until June 22

    Again, trial of Metuh stalled, case adjourned until June 22

    The trial of Olisa Metuh, former spokesman of the Peoples Democratic Party (PDP) was again stalled as the FCT High Court, Maitama, adjourned the case until June 22.

    Metuh was arraigned by the Economic and Financial Crimes Commission (EFCC) on a two-count charge of destruction of evidence.

    The trial was adjourned until June 22, for the defence to open its case; the adjournment was at the instance of the court.

    Mr Sylvanus Tahir, the prosecuting counsel, had on Oct. 10, 2016 closed his case, after calling three witnesses to testify.

    The judge, Justice Ishaq Bello, adjourned the case until Nov. 22 for the defence to open its case.
    The case was adjourned again until Jan. 24; March 2 and May 3.

    Metuh and all counsel in the matter were present in court and consented to the June 22 date.

  • Woman seeks divorce over husband’s insensitivity

    Woman seeks divorce over husband’s insensitivity

    The FCT High Court sitting at Jabi, on Thursday, fixed June 22 to deliver judgment in a divorce petition brought before it by a legal practitioner, Mrs Oluranti Abolanle.

    Abolanle, a resident of Lokogoma Estate in the FCT had sought for dissolution of her union with Olubade Adenuga due to his alleged insensitivity to the marriage.

    The judge, Justice V.V.M. Venda, however, advised the petitioner to have a rethink about the entire action she had instituted.

    `I hope you will not say that the court is unfair to you after your prayers are granted. I am just hinting you for you to have a rethink.

    “In the circumstance where an objection is not raised by the respondent, the court is compelled to fix a date for judgment. The judgment is slated for June 22,’’ she held.

    Earlier, Mrs Oluranti Abolanle, had prayed the court to dissolve her 10-year-old marriage over the husband’s misdemeanour.

    Abolanle told the court that she was tired of the union due to the spouse’s insensitivity.

    She also pleaded with the court to grant her the custody of her 8-year-old child.

    She urged the court to issue an order compelling the man to take care of their child’s school fees and upkeep.

    “At the moment, I am paying the sum of N328, 000 for our child’s school fees, which I want the father to start paying after the dissolution of this marriage,’’ she said.

    Abolanle further urged the court to restrict the husband’s contact with their son to an open place.

    “I want the court to dissolve the marriage and grant me the custody of the child, but with visit from the respondent in an open place, where both father and son can meet.

    “The respondent should also continue paying for the school fees, and also pay for the welfare and hospital bills amounting to N50, 000 per month,’’ she said.

    Mrs Celia Oboto, counsel to the petitioner, asked the court to grant the prayers being sought by the petitioner, adding that the dissolution of the union had become imperative.

    “The petitioners can no longer endure the agony of the marriage so the court must rise to save his client,’’ she said.

    Otobo said it was obvious the petitioner was no longer interested in the marriage due to an irredeemable attitude of her husband.

    Mr Gbolahan Ogunmola, counsel to the respondent did not object to the prayers sought by the petitioner, adding that his client had given him the go ahead not to object.

    “I do not intend to object to the petitioner’s prayers. I have been directed by her husband not to file any objections to this petition,’’ Ogunmola said.

  • Court refuses to order AGF to investigate EFCC chairmen

    Court refuses to order AGF to investigate EFCC chairmen

    An FCT High Court, Jabi, has struck out an application seeking an order to compel the Attorney-General of the Federation (AGF), to investigate former EFCC chairmen for alleged corruption.

    Justice Abba-Bello Muhammad struck out the application after listening to the submission of the applicant’s counsel, Mr Frank Tietie.

    Plaintiffs in the matter with suit number M/4853/17 were George Uboh and George Uboh Whistleblower Network.

    Muhammad struck out the suit on the ground that the applicants lacked the locus standi to compel the Attorney- General to investigate past chairmen of Economic and Financial Crime Commission (EFCC).

    According to the judge, the applicants have no power under the provisions of the law to decide for the AGF who to prosecute.

    “I have examined the application of the applicants seeking an order of the court to commence an action of mandamus on the respondents.

    “Applicant must have a locus standi before such an application can be granted,’’ the judge said.

    According to Muhammad, a private legal practitioner has no locus standi to compel the AGF to prosecute a person.

    The judge added that Section 383 of the Administration of Criminal Justice Act (ACJA) was specific on when a private legal practitioner could compel the AGF to investigate an individual
    The applicants had prayed the court, to exercise its powers under Section 174 of the 1999 Constitution and order the AGF to investigate and prosecute former and present EFCC chairmen.

    Those listed for investigation were Mallam Nuhu Ribadu, Mrs Farida Waziri, Mr Ibrahim Lamorde, Ibrahim Magu and Access Bank Plc.

    They averred that the EFCC chairmen were fraudulent, and refused to account for recovered money in accordance with Section 15, 16, and 17 of the EFCC Act.
    The plaintiffs said that the respondent owed them a duty to prosecute the EFCC chairmen

  • Lawyers decry high rate of divorce

    Some Abuja-based lawyers on Tuesday decried the high rate of divorce, and blamed the development to unpreparedness before going into the holy matrimony.
    The lawyers who spoke in separate interviews with the News Agency of Nigeria (NAN), said many people marry without knowing the `dos and don’ts’ of the marriage institution.
    A record of divorce obtained from an FCT High Court by NAN showed that 24 divorce cases were filed from January to March in that court alone.

    Mr Abdulkarim Shaibu, a lawyer said that a lot of people that go into marriage now do not understand what marriage was all about.

    “What you see at times are marriages arranged by parents for their children, this is mainly among the elite, and they tend to dictate to them how to live their lives.

    “The consequences are what we see playing out now, where couples cannot tolerate one another because there is always a third party in the marriage.’’
    Shaibu said that most couples were not prepared to face the realities, “from the beginning they already made up their minds on something, mainly wealth, and if not there, the marriage will not stand.’’

    He stressed the need for parents to educate their children on the challenges in marriage to enable them take the right decision.

    Another lawyer, Christie Nwaka, said not knowing what one wanted could lead to break down in marriage and finally to divorce.

    “People are always deceived by physical appearances or wealth, and there are usually serious challenges when people who come together because of mundane things are confronted with serious issues.

    “Another serious issue in marriage which people refuse to talk about is sexual intercourse, it can break a marriage when it is not properly addressed and lack of communication between couples too,’’ she said.

    Nwaka urged parents to allow their children to run their homes in their own way and stop interfering in any negative way.

    “Marriage as an institution should be respected, and the only way to do that is to teach and prepare those going into marriage on what marriage is all about and how to make success of it,’’ she said.

  • Court grants mother custody of child after dissolution of marriage

    An FCT High Court on Wednesday granted Mrs Enohuomen Unuane, custody of her four-year-old daughter, after her marriage with Dr Stanley Unuane was dissolved.

    The judge, Justice Peter Affen, in his judgment held that the evidence adduced by the petitioner (Enohuomen) proved that the marriage has broken irretrievably.

    “The issues of dissolution of marriage can only be granted only when the petitioner satisfies the provisions of Section 15 (2) (e) of the Matrimonial Causes Act, 2004.

    “ The petitioner adduced enough evidence to show that she and the respondent have lived apart for a period of two years preceding the petition.

    “ This fact was eloquently agreed by the respondent in his response and that shows that the marriage has broken down irretrievably. ’’
    “I cannot but rule that the marriage be dissolved, “ the judge held.

    Affen noted that the marriage was contracted on Dec. 8, 2012 at the marriage registry as well as Mary the Queen Catholic Church, Ekpoma.

    He held that the parties should discharge their parental obligations towards this girl- child, not withstanding that the marriage has broken irretrievably.

    “ This court is duty bound to consider the interest of the child as provided for in both the Matrimonial Causes Act and Child Rights Act, I hereby grant the custody of the child to the mother.

    “Since the child is of tender age and also has been with the mother since she was born, the right of custody should be given to the mother.

    “She should give the respondent the addresses of the house where she lives with the child as agreed and the respondent should make a monthly contribution of N40, 000 towards the education and welfare of the child, “ Affen held

    He said that this amount is subject to review and that the petitioner should not travel with the child outside the country without the knowledge of the respondent.

  • Court dissolves 5 year old marriage over crisis

    An FCT High Court, Maitama, on Tuesday dissolved the five- year- old marriage between Mr Agada Egwu and Onyowo, over Onyowo’s refusal to consummate the marriage and deserting the matrimonial home.

    The judge, Justice Jude Okeke, in his judgment on the divorce petition filed by Egwu, held that the marriage has broken irretrievably.

    “The court is satisfied with the evidence of the petitioner, that the respondent did not only refuse to consummate the marriage, but also deserted the petitioner for over a period of one year.

    “The respondent undeniably parked out of her matrimonial home since June 2014, the petitioner has satisfied the grounds provided by Section 15 (2) (a)and (b) of the Matrimonial Causes Act, 2004,’’ Okeke held.

    The judge said that evidences before the court were sufficient to grant dissolution of the marriage contracted under the Marriage Act on June 19, 2012 at the Marriage Registry, Makurdi.

    Okeke who reviewed the evidence, noted that immediately after the marriage on June 19, 2012, the wife changed from a caring and loving wife she presented herself prior to the marriage.

    The husband’s efforts to unravel the sudden change proved abortive. She suddenly hated him, and treated him with scorn that made him reluctant to come home after close of work, but he still endured.

    In his effort to resolve this problem, he reported to his pastor and some relatives yet it was not resolved.

    He said his wife denied him conjugal rights and he reasoned that because of this the marriage did not produce any child

    Okeke noted that while the petitioner was away in June 2014, the respondent who left the matrimonial home earlier to Makurdi, came and parked her belongings

    In 2015, the traditional marriage was annulled, with the return of the bride price he paid on her.

    The court noted that the respondent did not file any reply though represented by a counsel.

    Okeke said that “the court has no option than to act accordingly.’’

  • Judge orders removal of bullet logged in defendant’s leg

    Justice Halilu Yusuf of the FCT High Court, Jabi has ordered the Nigerian Prisons to plan for surgery to extract the bullet lodged in the leg of a defendant for trial.

    The judge gave the order on Wednesday before adjourning the case of the alleged robbery preferred against 10 men to  March 27.

    He said that this should be done before the defendants were brought to court on the next adjourned date.

    The 10 suspects are Livinus Mbagha, Uchenna Mbagha, Godwin Timothy, Onyekachi Nnamdi, Ifeanyi Oram, Raini Nludshira, Cyril Ubah, Aniekan Sunday, Chigozie Chukwu and Ikechukwu Egbo.

    According to the Judge, it is the duty of the prison authority to take care of the welfare suspect at the prison custody.

    He said that a suspect at the prison custody was still deemed innocent until the contrary was proven by the law.

    Uchenna Mbagha had told the court that there was a bullet in his leg making it difficult for him to stand.

    The prosecution had told the court at the first day of arraignment, Nov. 15, 2016 that the suspects were being arraigned for robbing the property of Lento Aluminium Company Jabi, Abuja.

    But the judge adjourned the proceedings following the absence of the prosecutor, Mrs Blessing Ezeala, at the court when the matter resumed for hearing.

    The judge said that since the court had waited up till 12:30 p.m., it had no option than to adjourn the matter to another date.

    According to the prosecution, the suspects disguised themselves as policemen between 2 a.m .and 5 a.m. on May 28, 2016, beat up and tie the security men on duty to carry out the robbery operation.

    The prosecution said that the suspects robbed the company of 10 aluminium coils worth N25 million and other valuable items.

    Ezeala said that the crime contravened the provisions of sections 1, 2, 3 and 6 of the Robbery and Firearms Special Provision Act, Law of the Federation of Nigeria, 2004.

  • Apo six: Court sentences two policemen to death

    Apo six: Court sentences two policemen to death

    An FCT High Court, Abuja, on Thursday sentenced two policemen to death and discharged three others over the killing of six traders in Apo, Federal Capital Territory, in 2005.

    Those condemned to death are Emmanuel Baba and Ezekiel Acheneje, while Danjuma Ibrahim, Nicholas Zakariah and Sadiq Salami were discharged.

    The five were among six arraigned over the killing of the traders on June 7, 2005 on suspicion that they were armed robbers.

    The sixth person on the charge sheet, Othman Abdulsalam, who was the Divisional Police Officer in Apo, is currently on the run.

    They were charged with culpable homicide for the killing of Ifeanyi Ozor, Chinedu Meniru, Isaac Ekene, Paulinus Ogbonna, Anthony Nwodike and Augustina Arebun.

    The judge, Justice Ishaq Bello held that the prosecution established evidence beyond reasonable doubt to the guilt of the 4th and 5th defendants.

    He held that admission of the commission of the crime by both 4th and the 5th defendants were unequivocal “And I am convinced by the facts coupled with the now notorious extra judicial killing of innocent people by some members of the Nigeria Police, to condemn the inability of the members of the Nigerian Police Force to realise that the foundation of the police institution is perseveration of life and properties.

    “The instance of extra judicial killing by Nigerian Police Force is one too many; the defendants did not only fail in their duty as policemen to protect the people but have no regards for their lives,“ he held.

    He held that they were not only overzealous but reckless in their action,“No one can hide under the order of a superior officer to commit a crime, the 4th and 5th defendants are sentenced to death under Section 221 (a) of the Penal Code.“

    Bello held that there was nothing in form of an evidence to adduce that the girl and the boys did anything that constituted any threat to the defendants.

    The judge said that the 4th and 5th defendants admitted killing the girl and described the action as “a case of impunity of the highest order.’’

    He held that the prosecution did not adduce enough evidence against Danjuma Ibrahim, Othman Abdulsalami (at large), Nicholas Zakaria, and Sadiq Salami to warrant their conviction.