The Nation Newspaper

Tag: Federal Capital Territory High Court

  • Ogun governorship: Court dismisses Adebutu’s suit against Kashamu

    A Federal Capital Territory High Court on Monday dismissed a suit by a member of the House of Representatives, Oladipupo Adebutu against the emergence of Senator Buruji Kashamu as governorship candidate of the People’s Democratic Party (PDP) in Ogun State for the March 2, 2019 governorship election.

    In a judgment, Justice Ajoke Adepoju held Adebutu, who was nominated by the National Working Committee (NWC) of PDP for the governorship election, cannot maintain his suit against the defendants because the primary election that produced him (Adebutu) was conducted in violation of a subsisting court judgment.

    Adebutu had, by the suit marked: FCT/FT/CV/29/2018, challenged refusal of the Independent National Electoral Commission (INEC) to accept his candidacy.

    Justice Adepoju was of the view the PDP NWC acted in bad faith by disregarding a subsisting judgment of a Federal High Court to produce the candidate.

    Justice Adepoju said since PDP was a party in the judgment given by Justice Ibrahim Buba (of the Federal High Court), the judgment of the court was binding on it and must be obeyed and respected to protect the sanctity of court in the interest of the rule of law.

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    The judge noted it was the party’s (PDP’s) NWC that has the power to conduct governorship primary election but said the NWC, in exercising such power, must not act in violation of any court judgment.

    Justice Adepoju said PDP NWC cannot not hold valid primary election without recourse to the Ogun State chapter of the party or outright approval of the party until the judgment against it by Justice Buba has been set aside by a higher court.

    The judge held that Adebutu’s suit cannot be maintained to declare him a governorship candidate because the PDP NWC, which conducted the primary election that produced him, acted in violation of a judgment of a Federal High Court delivered by Justice Buba.

    Adepoju said she arrived at the conclusion because of the need ensure the protection of the sanctity of the court and its judgments by parties or individuals.

    She noted the PDP did not do well by disobeying the judgment of Justice Buba with the way it conducted its primary election in Ogun State last year.

    The judge said although Adebutu was able to establish the primary election that produced him was conducted by the appropriate organ of PDP, he was not entitled to be declared the candidate because of the circumstances that surrounded the conduct of the primary election in breach of a judgment that has not been set aside.

    The judge earlier dismissed the objection raised by Kashamu against the suit.

    The judge held that Adebutu has the option, in law, either to file the suit in Abeokuta, Ogun State or in Abuja as he did.

    Justice Buba had, in his judgment in 2016 ordered INEC and the PDP to recognize and accept, for purposes of the 2019 Nigeria General Elections, only candidates of the PDP in Ogun State that have been nominated through primaries endorsed or conducted by the Adebayo Dayo-led new officers of the PDP in Ogun State.

     

     

     

  • Court adjourns reverend father’s rape case

    A  Federal Capital Territory High Court sitting in Maitama on Wednesday adjourned until May 25 to commence hearing in a case of rape of a minor brought against a reverend farher, Anthony Ochigbo.

    The case which is being tried by Justice Hussein Baba-Yusuf was adjourned after the prosecuting counsel, Mr John Ijagbemi, wrote the court asking for adjournment.

    Ijagbemi said he was attending another court for a different case.

    The court had sometime in November 2016 adopted the bail condition given to Ochigbo earlier in another court.

    The counsel told the court that Ochigbo, 44, of Catholic Church of Assumption, Asokoro, Abuja, on Aug. 15, 2016 allegedly abused a 10-year-old girl sexually.

    He said Ochigbo had an unlawful sexual intercourse with her in the church which contravened  Sections 31 (1) and 32(2) of the Child Rights Act, 2003.

    Ochigbo was earlier arraigned before Justice Olukayode Adeniyi on Aug. 30, 2016 during courts’ vacation.

    Adeniyi granted him a N2 million bail with two sureties, who must be civil servants not below Grade Level 14.

    In addition, he said the sureties must be reside within the court’s jurisdiction.

     

  • Court adjourns reverend father’s rape case until May 25

    A Federal Capital Territory High Court sitting in Maitama on Wednesday adjourned until May 25 to commence hearing in a case of rape of a minor brought against a reverend father, Anthony Ochigbo.

    The case which is being tried by Justice Hussein Baba-Yusuf was adjourned after the prosecuting counsel, Mr John Ijagbemi, wrote the court asking for adjournment.

    Ijagbemi said he was attending another court for a different case.

    The court had sometime in November 2016 adopted the bail condition given to Ochigbo earlier in another court.

    The counsel told the court that Ochigbo, 44, of Catholic Church of Assumption, Asokoro, Abuja, on Aug. 15, 2016 allegedly abused a 10-year-old girl sexually.

    He said Ochigbo had an unlawful sexual intercourse with her in the church which contravened  Sections 31 (1) and 32(2) of the Child Rights Act, 2003.

    Ochigbo was earlier arraigned before Justice Olukayode Adeniyi on Aug. 30, 2016 during courts’ vacation.

    Adeniyi granted him a N2 million bail with two sureties, who must be civil servants not below Grade Level 14.

    In addition, he said the sureties must be reside within the court’s jurisdiction.

  • Housewife jailed for cutting houseboy with razor blade

    ….As another is jailed for purchasing a baby

    Mrs. Onyekachi Okafor has been sentenced to a nine month imprisonment by  a Federal Capital Territory High Court sitting in Kubwa, for inflicting razor cut on her ward.

    It is the first conviction under the Violence against Persons (Prohibition) Act, 2015.

    Mrs. Okafor who was arrested by officials of NAPTIP in September 2015 had used a sharp razor blade to cut the victim on various parts of his body including his abdomen, left buttocks and thigh.

    In a statement issued by Mr. Vincent Adekoye, Press and Public Relations (NAPTIP) Mrs Okafor action violated aspects of the Act.

    Mrs. Okafor who resides at Dape, along Karmo Road of Abuja was dragged to the FCT High Court by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) on behalf of the Federal Government for willfully inflicting physical injury on a 10 year old boy (names withheld).

    The boy who served her and her family as a house help received severe razor blade cuttings from Mrs. Okafor, an act which is in violation of and punishable under section 2 of the Violence against Persons (Prohibition) Act, 2015.

    Section 2 subsection 1 of the VAPP Act says,’’ A person who willfully causes or inflicts physical injury on another person by means of any weapon, substance or object, commits an offence and is liable on conviction to a term of imprisonment not exceeding 5 years or a fine not exceeding N100,000.00 or both.”

    When the case came up on Monday, 4th July 2016, Mrs Okafor who was arraigned on a one count charge pleaded guilty of the offence. The presiding Judge, Justice N. Ogbonna therefore, found her guilty and sentenced her to 9 months imprisonment without an option of fine. No compensation was however, awarded to the victim.

    It would be recalled that the former President, Dr Goodluck Jonathan signed the Violence against Person (Prohibition) (VAPP) Act 2015 on 23rd May, 2015. NAPTIP was made the implementing Agency for the new Act.

    The Act which applies only in the Federal Capital Territory, Abuja, prohibits all forms of violence against persons in private and public life and provides maximum protection and effective remedies for victims and punishment of offenders.

    in a related development, a Federal High Court sitting in Port Harcourt, River State presided over by Justice A. Liman has sentenced Mrs. Mavis Solomon to two years imprisonment for purchasing a ten months old baby.

    She pleaded guilty and was sentenced to 2 years imprisonment.

    Mrs. Solomon was charged by NAPTIP to Court for purchasing a 10 Months old baby at the cost of N200, 000 from 2 others who are also under prosecution. The offence is contrary to Section 21 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.