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Tag: Federal High Court

  • You can stay away, court tells Dasuki

    …To proceed with trial in ex-NSA’s absence

    …Adjourns to Dec 11

     

    A Federal High Court in Abuja on Monday agreed to proceed with the trial of former National Security Adviser (NSA), Sambo Dasuki in his absence.

    Justice Ahmed Mohammed, in a ruling, said Dasuki’s continued absence from court was without any justification.

    Dasuki is standing trial on charges money laundering and illegal possession of firearms, brought against him by the Federal Government of Nigeria.

    Read Also:Dasuki, Diezani, Shema, Fayose houses top list of seized assets

    Justice Mohammed’s decision to do away with Dasuki’s presence was informed by an application by the prosecution, led by Dipo Okpeseyi (SAN).

    At the commencement of proceedings on Monday, Okpeseyi noted that Dasuki, who had written the court on November 12 this year and sought the stoppage of his trial, was absent in court.

    Okpeseyi urged the court to apply the provision of Section 352(4) of Administration of Criminal Justice Act (ACJA), which allows the court to proceed with trial, where the defendant decided to stay away without justifiable reasons.

    Okpeseyi told that court the prosecution has complied with its earlier order, directing the prosecution to file an affidavit, stating that Dasuki has refused to attend court.

    He noted that Dasuki had, since January this years, failed to attend court on four consecutive adjournments.

    The prosecuting lawyer said: “He has been absent for four times. To compound the effrontery, he wrote to this court. That is a direct challenge to the authority of this court. We urge this court not to take the challenge lightly.”

    In a counter-argument, Dasuki’s lawyer, Victor Okwudiri, questioned the competence of the affidavit filed by the prosecution. He noted that the seal of the lawyer, who deposed to the affidavit was not affixed to it as required.

    Okwudiri argued that at the prosecution’s failure to affix the lawyer’s seal to the affidavit amounted to a breach of Rule 10(1), (2), (3) of the Rules of Professional Conduct.

    He further argued that the affidavit failed to comply with the court’s earlier order, which he said, directed the prosecution to state with facts that Dasuki failed to attend court in respect of the day’s proceedings.

    The defence lawyer contended that, by its affidavit, the prosecution merely gave an account of the alleged instances of alleged previous refusal of the defendant to come to court but not in relation to yesterday’s proceedings.

    Ruling, Justice Mohammed brushed aside the objection raised by the defence lawyer and upheld the argument by the prosecution.

    The judge noted that Dasuki wrote a letter dated November 12, 2018 seeking to be excluded from the trial on the grounds that the state had allegedly refused to comply with orders for his release.

    Justice Mohammed said, by his letter and his continued absence from court since he wrote the letter, showed that Dasuki was no longer interested in appearing in court for trial.

    He said: “It is very clear that the defendant is not willing to be attending court for his trial. I hereby invoke the provision of Section 352(4) of the Administration of Criminal Justice Act, by ordering the trial to proceed in his absence.”

    In rejecting the defence’s objection, Justice Mohammed said the affidavit filed by the prosecution, in compliance with the court’s earlier order, was properly filed.

    He said the affidavit did not violate the Rules of Professional Conduct for Legal Practitioners, as alleged by the defence lawyer.

    The judge observed that the lawyer, who deposed to the affidavit, did so in her capacity as a witness and not as a lawyer.

    He adjourned to December 11 for the continuation of trial with or without the defendant’s presence.

    Dasuki had, in the letter, dated November 12, 2018, which he addressed to the Registrar of Court 5, Federal High Court, prayed the court to stop his prosecution on the grounds that the Federal Government has allegedly failed to obey orders made for his release on bail.

    The letter, titled: “Re: Unabated persecution of Col. Mohammed Sambo Dasuki (rtd) by the Federal Government of Nigeria,” was signed by the ex-NSA.

    Dasuki, in the letter gave a brief profile of himself and detailed what he described as constituting his persecution by the Federal Government and its agency, the Department of State Services (DSS).

    He referred to five different orders for his release made, both by Nigerian courts and the Community Court of the Economic Community of West African States (ECOWAS), which he said the Nigerian government has failed to obey.

    Dasuki said: “The resolve to continue detaining me, against the several orders of court and in brazen violation of the Constitution, is wrongful and arbitrary. It has inflicted physical, emotional and psychological torture on my family and me.

    “The decision of the Federal Government of Nigeria is not only high-handed, it is also arbitrary and in violation of both domestic and international laws on human rights.

    “At this juncture, it will seem that the Nigerian Government is not inclined to yield or obey the orders of any court of law, whether domestic or international.

    “Ironically, the Federal Government still wants to ride on judicial wings to prosecute me. when it does not comply with the orders that proceed from the court, especially in relations to me.

    “At this point, I strongly believe that there must be an end to this hypocrisy and lopsided / partisan rule of law.

    “Since the Federal Government has resolved not to comply with judicial orders directing my release, it is better for the court to also absolve me of the need to submit myself for further prosecution.

    “Justice should be evenly dispensed, as opposed to same, being, in favour of the Federal Government of Nigeria.”

  • ‘Fake’ lawyer remanded for false pretence, perjury

    A Federal High Court in Lagos Wednesday remanded an impersonation suspect, Bada Azeez Ayoola, in prison custody following his arraignment by the Economic and Financial Crimes Commission (EFCC).

    Justice Oluremi Oguntoyinbo made the order after Ayoola, 38, pleaded not guilty to a three-count charge of impersonation, false pretence and making of a false statement to the EFCC.

    The commission, in a charge marked FHC/L/172c/18, alleged that the defendant, of 55, Muyiwa Opaleye Street, Sanya, Surulere, Lagos, claimed to be a legal practitioner with the company name Bada Azeez Ayoola & Co, Legal and Property Consultant.

    Sometimes on November 9, 2015, at Surulere, while posing as a lawyer, Ayoola allegedly issued an official receipt in his company name to one Miss Chioma Okolie, evidencing payment for rent.

    The court heard that the defendant, last February 26, at the Ikoyi office of the EFCC, made a statement that he was a legal practitioner and rendered legal services to Miss Chioma Okolie, which he knew to be false.

    The defendant also allegedly claimed to be a graduate of Estate Management from the Lagos State Polytechnic.

    Prosecution counsel Mr. Temitope Banjo, told the court that the offences contravened sections 5, 8(b), 6(a), of the Advanced Fee Fraud and Other Related Offences Act of 2006.

    The defendant also allegedly offended Section 109(a)(b) of the Criminal Act, 2007 as well as sections 16(1), 32(2) and 16(2) of the EFCC Act of 2004.

    Ayoola pleaded not guilty.

    His counsel, A. I. Iwowo, prayed the court for a short date for the defendant’s bail application to be heard.

    The EFCC did not oppose him.

    Justice Oguntoyinbo adjourned till November 22, for hearing of the bail application.

     

  • Dasuki asks court to excuse him from prosecution

    Former National Security Adviser (NSA), Mohammed Dasuki has asked a Federal High Court to stop his prosecution on the grounds that the Federal Government has allegedly failed to obey orders made for his release on bail.

    Dasuki’s request is contained in his personal letter, dated November 12, 2018 which he addressed to the Registrar of Court 5.

    He is standing trial before the court on charges of money laundering and illegal arms possession. The charges were brought against him by the office of the Attorney General of the Federation (AGF).

    The letter, titled: “Re: Unabated persecution of Col. Mohammed Sambo Dasuki (rtd) by the Federal Government of Nigeria,” was signed by the ex-NSA.

    Dasuki, in the letter gave a brief profile of himself and detailed what he described as constituting his persecution by the Federal Government and its agency, the Department of State Services (DSS).

    He referred to five different orders for his release made, both by Nigerian courts and the Community Court of the Economic Community of West African States (ECOWAS), which he said the Nigerian government has failed to obey.

    Dasuki said: “The restive to continue detaining me, against the several orders of court and in brazen violation of the Constitution, is wrongful and arbitrary. It has inflicted physical, emotional and psychological torture on my family and me.

    “The decision of the Federal Government of Nigeria is not only high-handed, it is also arbitrary and in violation of both domestic and international laws on human rights.

    “At this juncture, it will seem that the Nigerian Government is not inclined to yield or obey the orders of any court of law, whether domestic or international.

    “Ironically, the Federal Government still wants to ride on judicial wings to prosecute me. when it does not comply with the orders that proceed from the court, especially in relations to me.

    “At this point, I strongly believe that there must be an end to this hypocrisy and lopsided / partisan rule of law.

    “Since the Federal Government has resolved not to comply with judicial orders directing my release, it is better for the court to also absolve me of the need to submit myself for further prosecution.

    “Justice should be evenly dispensed, as opposed to same, being, in favour of the Federal Government of Nigeria.”

    When the case came up on Tuesday before Justice Ahmed Mohammed, Dasuki was absent in court.

    His lawyer, Victor Okwudiri drew the court’s attention to the letter by his client.

    Okwudiri said: “We were not aware of the letter until this morning when we got to court.

    “But what I could get from the letter when I rushed through it this morning, is that he is complaining about his plight in the custody of the DSS,” Okwudiri said.

    Responding, prosecuting lawyer, Dipo Okpeseyi (SAN) said Dasuki informed DSS operatives, who are keeping him that he would not come to court since he had sent a letter to the court.

    Okpeseyi added that although Dasuki could be compelled to attend court, the DSS operatives chose not to take such action to accord him some respect due to his status as a former NSA.

    The prosecuting lawyer argued that Dasuki’s decision not to attend court, but instead, chose to send a letter to the court, amounted to an affront to the court.

    He noted that Dasuki also failed to attend court on January 17 and April 10 this year.

    Relying on the provision of Section 352(4) of the Administration of Criminal Justice Act (ACJA) 2015, Okpeseyi urged the court to proceed with trial in Dasuki’s absence by directing the prosecution to call its witness, an application, Okwudiri objected to.

    Ruling, Justice Mohammed noted that he had, in a ruling on April 10 this year, directed the prosecution to file an affidavit stating the facts whenever the defendant, on his own decided not to appear in court.

    The judge said the affidavit must be filed convince him that the defendant willfully stayed away from court.

    Justice Mohammed noted that since the prosecution has failed to file an affidavit to also reflect the defendant’s absence on Tuesday, he would adjourn to a later date for the prosecution to comply.

    He adjourned to November 19.

  • N4.7bn ‘fraud’: Court dismisses Ladoja’s no case submission 

    A Federal High Court in Lagos Monday dismissed a ‘no case’ submission filed by former Governor of Oyo State, Senator Rashidi Ladoja and his aide, Waheed Akanbi, in response to a N4.7 billion fraud charge.

    Justice Mohammed Idris ordered the defendants to open their case on November 20, the next adjourned date.

    The duo had in their no case submissions argued that the Economic and Financial Crimes Commission (EFCC) did not establish any prima facie case against them to warrant them being called on to open their defence.

    Read Also:Alleged N7.65bn fraud: Court revokes Kalu’s 11-year bail

    But Justice Idris noted that the preponderance of evidence put forward by the anti-graft agency, required some explanations from the defendants.

    The judge held: “I have refused to consider the issue of whether or not I will believe the evidence. I have also refused to consider the question of credibility of witnesses at this stage.

    “In the light of all the evidences that has been tendered by the prosecution and in my opinion, the defendants might have to explain the contents of some of those exhibits.”

    Afterwards, Ladoja’s counsel, Bolaji Onilenla, sought an adjournment till next Tuesday for his client to open his defence.

    The other defence counsel, A. Olumide-Fusika (SAN) and the EFCC’s counsel, Olabisi Oluwafemi, were in agreement with Onilenla’s request.

    The case was subsequently adjourned till November 20 at 1pm for the defendants to open their case.

    The defendants were first arraigned in November 2008 on a 10-count charge before Justice Ramat Mohammed, formerly of the Lagos Division of the Federal High Court.

    The case suffered several adjournments until December 14, 2016, when the duo were re-arraigned before Justice Mohammed Idris on an eight-count amended charge of money laundering contrary to Section 17(a) and punishable under Section 14(1) of the Money Laundering (Prohibition) Act, 2004.

    The former governor and his aide were on November 5, 2018, for the second time in two years, arraigned by the EFCC for an alleged N4.7 billion fraud.

    The commission preferred an 11-count charge of money laundering and unlawful conversion of public funds against them.

    In the latest charge, EFCC accused Ladoja of “compelling” a broker to sell the state’s shares while he also failed to remit N1.9 billion realised from the sale of the shares. The anti-graft agency alleged that the money went to Ladoja, his family and friends.

    The defendants pleaded not guilty.

  • Alleged N7.65bn fraud: Court revokes Kalu’s 11-year bail

    A Federal High Court in Lagos has revoked the bail it granted a former governor of Abia State, Mr. Orji Uzor Kalu in 2007.

    Justice Mohammed Idris made the order following Kalu’s absence without permission from his alleged N7.65bn fraud trial.

    Read Also:Fake Atiku’s aide arrested after allegedly defrauding 50 on Facebook

    The judge ordered Kalu, who is believed to be in Germany for surgery, to surrender his travel documents to the Economic and Financial Crimes Commission (EFCC) upon his return to Nigeria.

    Kalu was also ordered to surrender himself to the EFCC within 24 hours of his return, failure of which he would be arrested.

    Justice Idris held: “Due to the circumstances, I am constrained to revoke the bail granted to the first defendant (Kalu).

    “The first defendant is, however, permitted to continue with his medical treatment abroad unharrassed by law enforcement agencies.

    “Upon the first defendant’s return to the country, he shall at the point of entry surrender his passport and other relevant documents to the EFCC.

    “He shall also submit himself to the EFCC within 24 hours of his return, failing which he shall be arrested and detained by the EFCC.”

    Details shortly…

  • Nnamdi Kanu: Court okays suit seeking trial of Fani-Kayode, Abaribe

    A Federal High Court in Abuja has given permission for the commencement of a suit seeking to compel the State Security Service (SSS) and the Nigeria Police Force (NPF) to investigate and prosecute former Aviation Minister, Femi Fani-Kayode, Senator Eyinnaya Abaribe and others over their alleged involvement in how Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB) escaped from the country.

    Justice John Tsoho gave the permission on Friday after listening to applicant’s lawyer, Oghenovo Otemu, who moved a motion ex-parte for leave to commence an action for order of mandamus.

    Read Also:Nnamdi Kanu: Lawyer confirms Jerusalem appearance

    The judge said he was convinced that the applicant, Isaiah Ayugu, could proceed to properly apply for the order sought.

    Justice Tsoho ordered Ayugu to file a motion on notice to that effect and serve the respondents before the next date of November 22 this year.

    Ayugu, in the ex-parte motion, said he was concerned about the turn of event and the damage the scandal about Kanu’s disappearance and the claim that the Nigerian sate was responsible have had on the nation’s image both at home and abroad.

    He listed the Director General of the SSS, the SSS, the Inspector general of Police (IGP) and the NPF as respondents in suit marked: FHC/ABJ/CS/1254/18.

    Ayugu argued that by recently revelation that Kanu was in Israel, it was evident that Fani-Kayode, Abaribe, Kanu’s lawyer, Ifeanyi Ejiofor and others, who had accused the Nigerian Army of being behind Kanu’s disappearance, knew about the IPOB leader’s escape from Nigeria.

    The plaintiff stated, in a supporting affidavit, “that the said Nnamdi Kanu, the so called self-acclaimed leader of IPOB, da group that has long been proscribed and designated a terrorist group, is alive and was seen in Israel from where he called a world press conference and made a live broadcast of his new and renewed agenda for his group.

    “In the broadcast, Kanu boasted that he will bring ‘hell to Nigeria.’ It is therefore clear that, whilst Senator Eyinnaya Abaribe, Femi Fani-Kayode, Ifeanyi Ejiofor,  Tochukwu Uchendu, Emmanuel Shallow Ben, Emmanuel Kanu, Uchechi Kanu, leaders of Afaraukwu community in Umuahia North Local Government Area of Abia state, the different civil liberty organisations and media practitioners and so many others too numerous to mention were making several dangerous claims that Nnamdi Kanu has been killed, abducted or being held by the Army,  they were aware that he was actually out of the country, by their collective or respective assistance, from where he resurfaced in video clips of him praying in Israel and subsequent video broadcast.

    “Because Senator Abaribe took Nnamdi Kanu on bail, the case against Nnamdi Kanu has not seen the light of the day as Nnamdi Kanu has now jumped bail.”

    The plaintiff said he intend to apply for an order of mandamus, mandating the respondents “to immediately investigate the circumstances surrounding the disappearance of Nnamdi Kanu from Nigeria when, in fact, the Nigerian Army was accused of abducting, arresting, kidnapping, killing and assassinating him.

    “An order mandating the respondents to prosecute all persons suspected or indicted of involvement in aiding Nnamdi Kanu to evade justice.”

    “An order mandating the respondents to investigate and prosecute Senator Eyinnaya Abaribe, Femi Fani-Kayode, Tochukwu Uchendu, Emmanuel Shallow Ben, Emmanuel Kanu, Ifeanyi Ejiofor and all those who worked together to propagate and spread the inciting lies and falsehood that Nnamdi Kanu was abducted, arrested, kidnapped, detained, killed and assassinated by the Nigerian military, when indeed they were well aware of Nnamdi Kanu’s whereabouts, because they played roles in helping Nnamdi Kanu disappear from Nigeria.”

  • Court insists on hearing suit challenging Akeredolu’s election

    A Federal High Court in Abuja has rejected the request by Ondo State Governor, Oluwarotimi Akeredolu to strike out a suit by Olusegun Abraham, challenging his (Akeredolu’s) emergence as candidate of the All Progressives Congress (APC) in the last governorship election in the state.

    The court also rejected Akeredolu’s arguments that it lacked jurisdiction to hear the suit; that the suit relates to issues that are internal to the party: that the suit was inchoate, among others.

    Read Also:Ondo: Akeredolu urged to intervene in Akure North APC crisis

    Justice Nnamdi Dimgba, in a ruling on Friday, although agreed with Akeredolu that the suit was wrongly commenced, he however refused to strike it out, as requested by the governor.

    Instead, the judge converted the suit, originally commenced by way of Originating Summons, to be heard under the Writ of Summons rules, on the grounds that facts in the case were contentions and would required parties to file pleadings.

    Justice Dimgba, whose ruling was on two notices of objection filed by Akeredolu, APC and the party’s National Chairman, gave parties up to November 30 this year, to file and exchange all pleadings.

    He adjourned to December 6 and 7 for hearing.

    Abraham is, by the suit, marked: FHC/ABJ/CS/788/2016, seeking the nullification of the APC’s September 3, 2016 governorship primary, from which Akeredolu emerged as the party’s candidate, on the grounds that it was allegedly manipulated.

     

    Details later….

  • Two jailed for cocaine, cannabis trafficking

    The Federal High Court in Lagos on Thursday sentenced a 27-year-old man, Nurudeen Olalekan, to two years imprisonment for trafficking 17.1 grammes of cocaine.

    The court also sentenced an unemployed man, Taiwo Musibau, to 18 months imprisonment for trafficking in 550 grammes of cannabis sativa.

    The National Drug Law Enforcement Agency (NDLEA) arraigned them for separate drug trafficking charges before Justice Saliu Saidu.

    Olalekan pleaded guilty to the charge and begged the court to temper justice with mercy, saying that he would not commit crime again.

    After his plea, the prosecutor, Mr Jeremiah Aernan, reviewed the facts of the case and tendered some exhibits, including the convict’s written statement.

    Justice Saidu found the accused guilty of the offence as charged and convicted him.

    In his sentence, the judge noted the negative effects of drug trafficking in the society and warned the convict to desist from crime.

    “The convict is hereby sentenced to a term of two years imprisonment which will begin to run from the date of his arrest,” he said

    The court also ordered the drug exhibits to be disposed of by the prosecution if there is no appeal.

    The convict allegedly committed the offence on April 28.

    The prosecutor said that the convict was arrested at Bonny way motor park in Oyingbo, Ebute Meta, Lagos, with quantities of the restricted narcotics, weighing 17.1 grammes.

    Read Also: Court convicts runaway doctor of cocaine trafficking

    The offence contravened the Sections 11 (a) of the NDLEA Act, Cap N30 Laws of the Federation 2004.

    NDLEA charged Musibau, 40, on a count charge of drug trafficking, to which he pleaded guilty.

    Justice Saidu found the accused guilty of the offence as charged and convicted him.

    He sentenced Musibau to a term of one and half year’s imprisonment, beginning from the date of his arrest.

    The prosecution had told the court that the convict was arrested on April 6 at Ipaja Road in Agege, near Lagos with 550 grammes of cannabis.

    According to the NDLEA, Indian hemp is a restricted narcotic, similar to cocaine and heroin, which are all restricted by the provisions of the law.

    The offence contravenes the provisions of Sections 11 (c) of the NDLEA Act, Cap. N30, Laws of the Federation, 2004.

    Before his sentence, the convict pleaded with the judge to temper justice with mercy.

  • Appeal Court urged to void judgment of Executive Order 6

    The Court of Appeal in Abuja has been urged to set aside the October 11, 2018 judgement of the Federal High Court, Abuja upholding the constitutionality of the Presidential Executive Order 6.

    The Order empowers the Federal Government to take steps, in liaison with relevant investigative agencies, to temporarily seize property linked with corruption pending investigation and conclusion of trial to prevent the dissipation of such assets.

    In a judgment on October 11, Justice Ijeoma Ojukwu of the Federal High Court, Abuja held that it was within the powers of the President, as granted by the Constitution, to issue Executive Orders for the execution of Executive policies, as long as such orders do not offend the doctrine of separation of powers.

    In a notice of appeal, plaintiffs in the suit, Kenneth Udeze and Ikenga Ugochinyere faulted the decision by Justice Ojukwu.

    They have also filed a motion of injunction pending appeal, with which they seek to restrain the President and the Attorney General of the Federation (AGF) or their agents from giving effect to the Executive Order No 6, pending the determination appeal filed on Monday.

    In the notice of appeal, they argued that the Justice Ojukwu erred in law and thereby occasioned a miscarriage of justice when she found that the Executive Order No. 6 of 2018 did not violate the rights of citizens to own property and that the Judge erred in law also when she unilaterally varied and modified the express terms of Executive Order No. 6 by issuing judicial caution, that the powers of the AGF must be exercised in accordance with the provisions of the constitution, instead of nullifying the Executive Order.

    They argued that the lower court does not have the powers to issue advisory opinion on what the law ought to be as in the present circumstances and added that the Executive Order 6 violates the doctrine of separation of powers and all tenets of the constitutional democracy.

    The appellants noted that the trial Judge shut her eyes against the materials placed before the court and deliberately failed and/or refused to make specific findings of fact on the issue they submitted before the court, in view of the fact that, “none of the persons listed at the First Schedule of the said Presidential Executive Order No. 6 of 2018 have been found guilty as charged, as their respective trials are still ongoing in various courts in Nigeria”.

  • Illicit Drugs: Man jailed three months in Ekiti

    A Federal High Court sitting in Ado-Ekiti on Wednesday sentenced one Ibrahim Taofeek to three months imprisonment over alleged possession of illicit drugs.

    Counsel from the National Drug Laws Enforcement Agency, (NDLEA), Mr. Charles Nwagua told the court that the defendant committed the offence on March 10 at Dadinkowa village along ABUAD Road, Ado-Ekiti.

    He alleged that the defendant, on the said date, without lawful authority possessed 500 grammes of Cannabis Sativa, a Narcotic drugs similar to cocaine Heroin and LSD.

    According to him, the offence contravened Section 19 of the NDLEA Act. Cap N30, Laws of Federation of Nigeria. 2004.

    While delivering her judgement, Justice Uche Agomoh said the counsel for the defendant had pleaded for leniency saying the defendant didn’t waste the time of the court by pleading guilty to his crime.

    “The defendant appeared very remorseful on every of his appearance in court during his trial

    “The court therefore found you guilty and convict you accordingly”

    You are hereby sentenced to three months imprisonment with hard labour.

    She added that this would serve the defendant a lesson and also as deterrent to others in the habit of illicit drugs.