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Tag: Federal High Court

  • Congolese jailed four years for attempting to export Tramadol

    A Federal High Court in Lagos has sentenced a Congo Republic national, Mampouya Zitou Felix, to four years imprisonment for attempting to export 26.900 kilogrammes of Tramadol, a banned drug, to his country.

    Justice Ayotunde Faji convicted Felix, 58, following his plea of guilty to a two-count-charge of conspiracy and unlawful exportation of the drug.

    Read Also:Court orders destruction of 14 containers of Tramadol

    The judge held: “The offence for which the convict is charged is rampant and has damaged the nation’s image.

    “I do not believe that he did not know the content of the package, having confessed that that was the fourth time he wanted to export it before he was apprehended.

    “Consequently, I shall sentence the convict to four year imprisonment, starting from April, 2018. I also order that the convict shall be deported back to Congo at the completion of his jail term”.

    Felix was arrested on March 23, during the outward clearance of goods at the Nigerian Aviation Handling Company (NAHCO) export shed, of the Murtala Muhammed International Airport in Lagos.

    He was accused of engaging in the delivery and exportation of 27kg of 120mg and 225mg capsules of Tramadol, a psychotropic substance listed in the Second Schedule of the NDLEA Act Cap N30 Laws of the Federation, 2004.

    The National Drug Law Enforcement Agency (NDLEA) arraigned Felix on a two count-charge of conspiracy and unlawful exportation of the said narcotics.

    He pleaded guilty.

    The offences, the NDLEA said contravened sections 11(b) and 14(b) of the NDLEA Act, 2004.

    Following his plea, prosecuting counsel, Mrs. Juliana Iroabuchi, tendered exhibits and urged the court to convict the defendant.

    But, defence counsel Chief Lilian Omotunde prayed the court to temper justice with mercy for the convict, who she said was a foreigner with all his family in Congo.

     

  • Trafficker bags 37 years for importing cocaine

    A Federal High Court in Lagos Friday sentenced a drug trafficker, Efobi Onyeka Innocent, to 37 years imprisonment, for unlawful importation of 1.515 kilograms of cocaine from Brazil.

    Justice Ayotunde Faji convicted Innocent, 36, following his second plea of guilty to a three-count charge of unlawful possession of cocaine and conspiracy to unlawfully import the said drug.

    The judge sentenced Innocent to 15 years imprisonment on count one, seven years on count two and fifteen years on count three. The terms shall run concurrently.

    The convict was arraigned by the National Drugs Law Enforcement Agency (NDLEA).

    NDLEA counsel, Mrs. Juliana Imaobong Iroabuchi, said offences contravened sections 11(d,) 11(b) and 14(b) of the NDLEA Act, 2004.

    But Innocent pleaded not guilty.

    During the trial, Iroabuchi called six witnesses, who testified that the convict was arrested at the arrival hall of Murtala Muhammed International Airport, Ikeja, Lagos, on September 27, 2017, when it was discovered that he ingested the cocaine from Brazil en route Morocco.

    They told the court that he excreted same six times during interrogation.

    Midway through the trial, Innocent changed his plea to guilty.

    His counsel prayed the court to be lenient in sentencing his client, on the ground that he was a first time offender with no previous criminal record and had become remorseful in detention.

    The lawyer said the convict engaged in the act to raise money for his collapsed business.

    Following the plea, Justice Faji adjourned for sentencing.

    But delivering judgment yesterday, Justice Faji turned down Innocent’s plea.

    The judge held: “I do not agree that the convict is remorseful, he only changed his plea after the prosecution had gone far with his trial.

    “One must not lose sight of the rampant nature of the crime. Consequently, I shall sentence you, Efobi Onyeka Innocent, to 15 years imprisonment on count one, seven years on count two and fifteen years on count three. The terms shall run concurrently”.

  • Appeal Court dismisses Evans’ suit challenging his detention 

    The Court of Appeal, Lagos division, Thursday dismissed a fundamental rights enforcement appeal filed by suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans.

    Evans, in the twilight of his arrest and detention, approached a Federal High Court in Lagos, challenging his arrest and alleged detention beyond the time allowed by law, his continued detention without trial or arraignment within the time allowed by law and his subjection to Media Trial by the Police.

    Read Also:‘Why kidnap attempt on Young Shall Grow Motors boss by Evans failed’

    But, on January 16, 2018, Justice Abdulazeez Anka held that Evans’ claims were not meritorious.

    Dissatisfied, Evans through his counsel, Mr Olukoya Ogungbeje, filed a Notice of Appeal dated January 29, 2018.

    But the Police, through its counsel, Inspector Emmanuel Eze of the State Intelligence and Criminal Investigation Department (SICID), Panti, Lagos, opposed him.

    Yesterday, a three-man panel of the appellate court, in a unanimous ruling delivered by Justice A.U. Ogakwu, upheld the lower court’s decision,

    “The appeal lacks merit and is hereby dismissed with no order of cost,” Justice Ogakwu held.

  • EFCC charges NBA President with N1.4bn fraud

    …To arraign Paul Usoro SAN on Dec 10

     

    The Economic and Financial Crimes Commission (EFCC) has filed a N1.4billion fraud charge against the President of the Nigerian Bar Association, Mr. Paul Usoro (SAN), at the Federal High Court in Lagos.

    Justice Muslim Hassan fixed December 10, 2018 for the EFCC to arraign Usoro.

    The anti-graft agency, in a charge marked FHC/418c/18, alleged that Usoro, from Akwa Ibom, converted and laundered the money in connivance with the Akwa Ibom State Governor, Udom Emmanuel.

    Read Also:Judge gives EFCC, DSS others 72hrs to arrest ex-Petroleum minister

    The charge sheet, signed by EFCC Counsel, Mr. Rotimi Oyedepo, did not list Emmanuel as a defendant.

    The EFCC indicated that he is “currently constitutionally immuned against criminal prosecution”.

    It did, however, mention four other defendants.

    They are: Nsikan Nkan, described as Commissioner for Finance, Akwa Ibom State; Mfon Udomah, described as the Accountant-General of Akwa Ibom State; Uwemedimo Nwoko, described as the Akwa Ibom State Attorney-General and Commissioner for Justice; and Margaret Ukpe, all of whom are said to be at large.

    The commission alleged that Usoro, in connivance with the others mentioned, conspired to commit the offence “sometime in 2015 within the jurisdiction of this honourable court”.

    The anti-graft agency claimed that the N1.4bn belonged to the Akwa Ibom State Government.

    According to Oyedepo, the offences were contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.

  • Saraki’s aide’s alleged N3.5bn fraud trial stalled

    A Federal High Court in Lagos on Tuesday adjourned till January 10 the trial of Mr. Gbenga Makanjuola, a Deputy Chief of Staff to the Senate President, Bukola Saraki, for an alleged N3.5billion Paris Clubs Loan scam.

    Makanjuola is standing trial alongside three others: Mr. Obiora Amobi; Kolawole Shittu, a cashier in the Senate President’s office, and a company said to have been used as conduit pipe in the alleged scam, Melrose General Services Limited.

    The case was stalled following the absence of Justice Babs Kuewumi. The parties were informed that the judge was an attendee at a workshop for judges in Abuja.

    The Economic and Financial Crimes Commission (EFCC) preferred an 11-count fraud charge against Makanjuola, Melrose General Services, Amobi, Shittu, (operations Manager at Melrose).

    Also charged is Robert Chidozie, who is said to be “at large’’.

    Read Also: Peaceful NASS, panacea for national progress-Saraki

    The defendants pleaded not guilty and were admitted to bail in the sum of N250 million each with sureties in the like sum.

    In the charge, the accused were alleged to have committed the offence in December 2016.

    They were accused of conspiring to disguise the unlawful origin of the sum of N3.5 billion paid into the account of Melrose.

    According to the prosecution, the accused took control of the sum which was transferred from the Nigeria Governors Forum’s account, into an Access Bank account operated by Melrose.

    The prosecution said the accused ought to have known that the sum represented proceeds of unlawful activities.

    The alleged offences contravened sections 15, 15 (2), 15 (3), 18, and 18 (a) of the Money Laundering Prohibition Amendment Act 2011.

     

  • $10.1bn repatriation: Court fixes Dec. 12 for report of settlement in MTN vs CBN case

    A Federal High Court in Lagos on Tuesday, fixed December 12, for report of settlement in a $10.1 billion or $8.1bn reparation dispute between MTN Nigeria Communications Ltd, and the Central Bank of Nigeria (CBN).

    Justice Saliu Saidu fixed the date following commencement of settlement talks by the parties.

    The Nation learnt that the parties are in disagreement over whether the sum involved in the suit is $10.1billion or $8.1bn.

    MTN’s counsel in the suit is Chief Wole Olanipekun (SAN), who, at the commencement of proceedings, appeared alongside four other senior lawyers.

    Mr Seyi Sowemimo (SAN) appeared for CBN, while Mr T.D Agbe, Senior State Counsel from the Federal Ministry of Justice, appeared for the Attorney-General of the Federation (AGF).

    Olanipekun told the judge that although the matter today was slated for hearing of pending applications, “we owe the court a duty to inform it that parties are engaged in talks.

    “Counsel have conferred, and in view of this, we are asking for a short date for report,”

    Sowemimo confirmed Olanipekun’s view.

    He added: “We have reached an advanced stage towards settlement, and it remains to cross the Ts and dot the Is; it is just for report of settlement.”

    Upholding their prayers, Justice Saidu adjourned till December 12 for a report of settlement.

    MTN filed the suit, seeking an injunction to restrain the CBN and AGF from taking further actions to reclaim the sum, alleged debt.

    The firm wants the court to hold that the CBN lacks power to determine its civil obligations or penal liabilities.

    Read Also: Alleged graft: Court grants EFCC leave to arraign Diezani

    It is urging the court to declare that the CBN acted outside its statutory powers when it wrote a letter to it on August 18, demanding a refund of 8.1 billion dollars.

    It wants the court to hold that the demand was illegal, oppressive, abusive, unauthorised and unconstitutional.

    On its part. CBN alleged that the telecoms firm improperly repatriated dividends, and requested that MTN should return 8.1 billion dollars to its coffers.

    Meanwhile, MTN has filed a sister case before another judge of same court, Justice Chukwujekwu Aneke, against the AGF, challenging a withholding tax assessment of 1.3 billion dollars and an import duty tax of N242 billion.

    MTN queries these assessments.

    Justice Aneke has fixed February 7, 2019 for hearing of all pending applications in this suit.

  • Money Laundering: Zamfara SUBEB boss jailed 41 years

    The Chairman of Zamfara State Universal Basic Education Board (SUBEB), Murtala Adamu Jengebe has been sentenced to a 41-year jail term.

    This was disclosed in a tweet by the Economic and Financial Crimes Commission (EFCC) via its official twitter handle: @officialEFCC on Thursday.

    EFCC disclosed that a five-man panel of the Court of Appeal sitting in Sokoto and presided over by Justice Hannatu Sankey sentenced Jengebe to a cumulative jail term of 41 years.

    The tweets further reads: “Jengebe was convicted by the court after the appellate court found him guilty on the seven out of the 10 counts for which he was earlier acquitted at the Federal High Court, Gusau, Zamfara State.

    Read ALso: ‘Buhari will enhance democratic governance, if re-elected’

    “In the lead judgment of the Court read by Justice Habeeb Abiru, the earlier acquittal of the embattled Chairman by a Federal High Court in Gusau was set aside.

    “The appellate court held that the prosecution has proved beyond reasonable doubt seven out of the ten counts of the money laundering charge brought against him by the EFCC.

    “He was consequently sentenced to five years imprisonment on each of four of the counts and seven years each on three other counts respectively. However, the Court ordered that the sentences shall run concurrently.

    “It would be recalled that on the 12th day of May 2017, the Federal High Court sitting in Gusau presided over by Justice Z.B Abubakar discharged and acquitted the convict on the 10 counts charge of Money Laundering but convicted him for engaging in private business while he was still in public service. An offence he was never charged for by the Commission.

    “Dissatisfied with the judgement of the lower court, the prosecution approached the Court Of Appeal seeking it to set aside the judgement of the lower court.”

  • Court refuses bail for suspected illegal arms importers

    The Federal High Court in Lagos on Wednesday refused to grant bail applications by two businessmen, Ayogu James and Ifeuwa Moses, who were arraigned for allegedly importing 1,570 pump action rifles illegally.

    Justice Saliu Saidu ruled that they would remain in prison custody until their trial ends.

    The defendants allegedly claimed that the container, which had the ruffles, was full of wash hand basins and water closets.

    Prosecuting counsel/director in the Federal Ministry of Justice Mr. Julius Ajakaiye had opposed the applications on the basis that the alleged offence was grave.

    Defence counsel Mahmud Mogaji (SAN) and Wale Adesokan (SAN) urged the court to grant their clients bail on liberal terms.

    They disagreed with the prosecution’s contention that the case bordered on national security, adding that the defendants would not interfere with the witnesses or jump bail.

    But, Ajakaiye urged the court to dismiss the applications for the sake of national security.

    Ruling, Justice Saidu held: “Individual liberty cannot be placed above national security.

    “The charges against the defendants are serious, with the level of insecurity in the country such as armed robbery, kidnapping, terrorism and the rest.

    “Considering the nature of the charge, I can’t exercise my discretion in favour of the defendants. I hereby refuse the bail applications.”

    Ajakaiye informed the court of an amended charge following the inclusion of Emeka Umeh Festus (alias Amankwa), who was at large when the others were arraigned on October 11.

    All the defendants, including Festus, pleaded not guilty to the amended charge.

    Read Also: Man in court over alleged possession of hemp

    The defendants were accused of conspiring with Great James Oil and Gas Ltd to import the rifles between November 6 and 20 2017 using a 1-by-20ft container marked GESU 2555208.

    The prosecution said they forged a bill of lading marked ISB0281398 issued on July 28, 2017 to read “Guangdong-China” instead of “Istanbul-Turkey” with intent that it would be acted upon as genuine by Customs officers.

    They were also alleged to have forged a bill of lading numbered ISB0281398, issued on July 28, 2017, to read: “230 packages of wash hand basin and W/C” as the container’s content.

    The alleged offence is contrary to section 1 (2) (c) and 1 (14) (a) of the Miscellaneous Offences Act, Cap M17 of the Laws of the Federation 2004.

    Their trial begins today.

     

  • Alleged fraud: You have case to answer, court tells Dokpesi

    …Asks him to open defence Feb 21

     

    A Federal High Court in Abuja has rejected the no-case submission made by businessman, Raymond Dokpesi and his company, Daar Investment and Holdings Company Limited in their trial on charges of alleged breach of procurement law to the tune of N2.1billion

    Justice John Tsoho, in a ruling on Wednesday, rejected the argument by the defence team led by Kanu Agabi (SAN), to the effect that the prosecution has not made out against the defendants to warrant their being called to enter a defence.

    Read Also:Alleged N2.1bn money laundering: Direct your probe at Dasuki, Jonathan, Dokpesi tells court

    The judge upheld the argument by the prosecution led by Rotimi Jacobs (SAN) to the effect that the court is, at this stage, only to establish whether or not a prima facie case has been established against the defendants, not to evaluate the evidence led and establish the guilt or otherwise of the defendants.

    Justice Tsoho said, by the evidence led by the prosecution through its witnesses, a prima facie case has been established, requiring the defendants to say their own side of the story.

    The defendants are being tied on a seven-count charge brought by the Economic and Financial Crimes Commission (EFCC).

    They are charged with money laundering, procurement fraud and accused of fraudulently receiving N2.1bn from the office of the National Security Adviser (ONSA) between January and March 2015.

     

    Details later….

  • Oni suffers setback in bid to unseat Fayemi

    …Abuja judge withdraws from case

     

    Former Ekiti State Governor, Segun Oni suffered a major setback on Monday in his bid to unseat the incumbent Governor, Kayode Fayemi.

    Justice Babatunde Quadri of the Federal High Court, Abuja withdrew on Monday from the hearing of a suit by Oni, querying Fayemi’s eligibility to participate in the All Progressives Congress (APC) primary, from which he emerged as the party’s candidate for the last governorship election in the state.

    The judge, who had before now, asked parties whether it was not ideal to have the case decided by a Federal High Court in Ekiti, suddenly announced the transfer of the case on Monday.

    Read Also:Minimum wage: Fayemi canvasses upward review of federal allocation

    Justice Quadri had, on October 29 this year when the case last came up, adjourned to November 19 for hearing.

    Parties, who had expected the hearing of the case, arrived court in the morning.

    The court did not sit until afternoon.

    When the court eventually sat, the judge said he would prefer to transfer the suit, marked: FCH/ABJ/CS/663/2018 to the court’s division in Ekiti for determination.

    The judge said he would not be able to hear and write judgment on the matter within the stipulated time.

    He assured parties that he would facilitate the transfer of the case file by the court’s Registry to Ekiti State because of its urgent nature.

    The judge adjourned the case to November 26 for mention before the Federal High Court, Ado Ekiti.

    Oni is, by the suit, challenging the outcome of the primary election that produced Fayemi APC. Oni, who came second, wants to be made the winner.

    He wants the court to, among others, disqualify Fayemi on the grounds that he allegedly did not resign his ministerial appointment as required by law before standing for the primary.