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Tag: Federal High Court

  • Man remanded over alleged N.5 million fraud

    A Federal High Court sitting in Ado-Ekiti on Monday remanded one Sunday Oluwasina, 46, in prison custody over alleged fraud.

    Police prosecution counsel, Mr Femi Falade told the court that the defendant committed the offence on March 8 at Ado-Ekiti.

    Read Also:Alleged N1b fraud: ICPC charges ex-Governor Dakingari

    He said that the defendant on the said date defrauded and obtained a sum of N500, 000 from one Engr. Ajiboye Abiodun   with a false pretense.

    According to him, he committed an offence punishable under Section 1(3) of the Advanced Fee Fraud and Other Related Offences Act 2006.

    The prosecution said he had three witnesses to call to prove his case against the defendant.

    He urged the court to remand the defendant in prison custody, saying he had once jumped administrative bail given to him at the police
    station.

    The defendant was not represented by any counsel.

    Justice Uche Agomoh hereby ordered that the defendant be kept in the prison custody till the next adjournment Day.

    She adjourned the case to Oct. 24 for further hearing.

  • EFCC arraigns Saraki’s aide, others for alleged N3.5b fraud

    The Economic and Financial Crimes Commission (EFCC) on Wednesday arraigned Senate President Bukola Saraki’s Deputy Chief of Staff Gbenga Makanjuola at the Federal High Court in Lagos for alleged N3.5billion fraud.
    He and three others were arraigned before Justice Babs Kuewumi on 11-counts of money laundering.
    They were accused of conspiring to disguise the unlawful origin of N3.5billion paid into the account of Melrose General Services Limited.
    The company was also arraigned.
    EFCC said Melrose General Services and Robert Mbonu, said to be at large, between December 14, 2016 and last January “took control” of the money transferred from the Nigeria Governors’ Forum (NGF) account to Melrose’s Access Bank account numbered 0005892453.
    The commission said they reasonably ought to have known that the money represented proceeds of their unlawful and fraudulent activity.

    Read Also: Looters list: EFCC opposes bid to jail Lai Mohammed

    The alleged offence contravenes Section 15 (2) (d) of the Money Laundering Prohibition Act 2011 (as amended) and punishable under Section 15 (3).
    Melrose was accused of involvement in the alleged N19billion Paris Club scam.
    EFCC is accusing the defendants of allegedly converting N3.5billion of N19billion London-Paris Club refund to states.
    The company had denied involvement in any fraud, saying it was legitimately engaged by the NGF to render services leading to a refund of foreign loan over-deductions made by the states.
    EFCC had claimed in a previous forfeiture proceedings that Melrose General Services, whose alter ego is Robert Mbonu, was never engaged by the NGF for any consultancy services in relation to the Paris and London Club loan refund.
    The commission claimed that the company allegedly recopied and misinterpreted work done by another consortium to the NGF for payment.
    EFCC said Melrose was paid N3.5billion by the NGF on December 14, 2016, and that it moved out about N2.2billion of the N3.5billion, the balance of which the commission had prayed the court to order its forfeiture.
    In count 5 of the charge, Makanjuola was accused of making a cash payment of N50million to Mbonu on December 20, 2016 without going through a financial institution.
    The alleged offence is punishable under Section 1 (a) of the Money Laundering Act and punishable under Section 16 (2) (b).
    EFCC’s lawyer Ekene Iheanacho prayed that the defendants be remanded in prison; he sought for a trial date.
    Makanjuola’s lawyer Paul Erokoro (SAN) said his client had a pending bail application.
    Moving it, he said Makanjuola was a former House of Representatives member and was prepared to face his trial.
    “My client is a full-time staff at the Senate and is not a flight risk. He was a member of the House of Representatives.
    “I urge the court to grant him bail to prepare for his trial,” the SAN said.
    But, Iheanacho urged the court to dismiss the bail applications, arguing that the defendants would run away if granted bail.
    “One of the defendants has absconded. The chances that the other defendants will abscond are now higher with their arraignment.
    “We urge the court to refuse their bail requests,” he said.
    Justice Kuewumi adjourned until October 9 for ruling on the bail applications.

  • Court stops move to expel APC Exco in Ogun

    A Federal High Court sitting in Abeokuta, Ogun State, has restrained the leaders of the state chapter of the All Progressives Congress (APC), from suspending or expelling ward executive committees of the party at Ifo Constituency 1 Wards 1, 2,3 and 11.

    In the judgement obtained by The Nation, 10 leaders of the affected wards in Ifo Local Government, instituted the legal action against the party leaders in the state over the alleged plan to expel them(plaintiffs).

    In the originating summon, the plaintiffs dragged the APC, state chairman, Chief Derin Adebiyi, the Independent National Electoral Commission and the state Commissioner of Police, Ahmed Iliyasu, before the court.

    The court also warned that INEC, the party leaders and other defendants joined in the suit risk imprisonment if they failed to recognize the plaintiffs as ordered by the court.

    Read Also: Court remands welder for attempted kidnap

    The plaintiffs had sought the relief from the court to compel the defendants to obey the subsisting judgement, which conferred legitimacy on the ward executive committees in the mentioned wards.

    Granting the order restraining the defendants, the court ordered the defendants or their proxies to recognise the plaintiffs as the authentic officers of the ward executive committees in wards 1,2,3 and 11 in Ifo 1 state constituency.

    “An order restraining the defendants by themselves, agents, servants, proxies and surrogates from suspending or expelling the plaintiffs from the first defendant’s political party and recognizing them as the authentic officers of the ward executive committees in wards 1,2,3 and 11 in Ifo 1 state constituency,” the injunction reads in part.

  • CJN urges judges to determine political cases on merit

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen Tuesday warned judges to ensure the determination of political cases on the merit and avoid being influenced by extraneous considerations, particularly from politicians.

    Onnoghen also urged judges to shun corruption and other unethical conduct particularly in this era of enhanced political activities. He charged them not to compromise the rule of law and the independence of the Judiciary.

    The CJN spoke in Abuja Tuesday at the opening session of the 2018/ 2019 legal year ceremony and annual judges’ conference of the Federal High Court.

    Onnoghen said: “My Brother Judges, Distinguished Ladies and Gentlemen, we are all aware of the increase in tempo of political activities as we approach election year. Our nascent democracy has to be nurtured, consolidated and developed.

    “We are working assiduously to ensure that we clean our house, and completely dump the unfortunate toga of corruption that had plagued the Judiciary for some time. With your co-operation and commitment, we shall once again steer this nation to the path of transparency and good governance.

    “At the just concluded 18th Triennial Conference of the Commonwealth Magistrate’s and Judges’ Association (CMJA), held in Brisbane, Australia, with the theme: ‘Becoming stronger together,’ I witnessed collective resolve of judicial officers and Judiciaries of the commonwealth Nations to stem the tide of impunity, bad governance, intimidation of judicial officers and other vices that threaten judicial independence.

    “I was particularly happy that speaker after speaker emphasised the universal truth that, the respect for the Rule of Law remains the backbone and pillar of any democracy. I have maintained this view and re-enforced it at every given opportunity.  We must all therefore seize this pivotal moment of history.

    “I urge you to shun corruption in all its ramifications and encourage the sustainability of your determined effort to promote transparency and good governance in our body polity. I am confident that your efforts in line with the rule of law will stamp out corruption and enthrone an enviable democracy characterized by justice, equity, transparency and good governance.

    “My Lords, as the election year draws closer, your courts will be flooded with applications bordering on pre and post-election matters requiring adjudication. No doubt, election litigation is an inevitable part of the electoral process.

    “While INEC has the responsibility to conduct and manage elections, the Judiciary on its part is charged with the responsibility of resolving disputes arising from the process. We must therefore ensure that matters brought before our courts are determined on their merits, devoid of any external interference, to ensure the sustenance of the independence of the Judiciary.

    “In view of the fore going, there is a proposal for a collaborative Workshop between the Independent National Electoral Commission (INEC) and the National Judicial Institute (NJI) for Justices and Judges on Pre-Election and Post-Election matters, the bulk of which are adjudicated upon by Federal High Court judges,” Onnoghen said.

    Earlier, the Chief Judge of the Federal High Court, Justice Adamu -Kafarati told participants that the purpose of the week-long conference is to take stock and appraise the judicial functions of the previous year and to resolve knotty issues that may have arisen after the previous legal year.

    He admonished his brother judges to re-dedicate themselves to the law and Constitution and continue to carry out their functions without fear or favour.

    He restated his earlier directive to judges not to grant ex-parte orders on political cases, “except in very exceptional cases.” He added that it was better to hear all sides before a decision is taken so as to avoid unnecessary controversy in the adjudication process.

    Kafarati stressed the need for judicial officers to be extra careful in handling political cases because of their nature. He added that “actions or inactions by a judge, no matter how honestly done, is capable of misinterpretation.”

     

  • The absence of Justice Saliu of the Federal High Court in Lagos Monday stalled the trial of People’s Democratic Party (PDP) chairman in Ondo State Clement Faboyede.

    The Economic and Financial Crimes (EFCC) arraigned him and the party’s 2015 campaign director in the state Modupe Adetokunbo for alleged money laundering.

    Read Also:PDP governorship aspirant urges unity to protect ancestral lands

    Justice Saidu is said to be away for the annual judges’ conference in Abuja, which is held as a precursor to the new legal year.

    October 26 has been fixed for their trial.

    EFCC accused them of receiving N500million in cash from Owolanke Michael ahead of the 2015 general election.

    Faboyede was accused of making N500million cash payment to the Ondo PDP Election Committee.

    The prosecution said the defendants committed the offence on March 27, 2015, thereby contravening Section 18 of the Money Laundering (Prohibition) Act, 2011, punishable under Section 16(2).

    Faboyede and Adetokunbo pleaded not guilty when they were arraigned on June 29 and were granted bail for N50million each with one surety in like sum.

    The sureties, said the judge, must either be federal or state civil servants not below level 15 or landed property owners within the court’s jurisdiction.

    The sureties were directed to deposit the title documents and two passport sized photographs each at the court’s registry.

    The defendants were also ordered to deposit their international passports at the court’s registry while the prosecution was given a week to verify the sureties’ documents.

  • APC dismisses alleged nullification of Osun primaries

    The All Progressives Congress (APC) has dismissed as fake, news in the social media that a Federal High Court in Abuja has nullified its primary election in Osun State which produced its governorship candidate, Gboyega Oyetola.

    The APC had conducted its governorship primary of Osun State using the direct primary option to produce its candidate for the governorship election scheduled for September 22.

    Read Also:I am prepared to lead Osun, says Oyetola

    But one of the aspirants for the governorship ticket, Kunle Rasheed Adegoke reportedly challenged the process in court, seeking to nullify the direct option used by the party.

    In a statement signed by the Acting National Publicity Secretary, Yekini Nabena, the part7 said while it is aware of the case, it was not possible for judgement to have been entered in a case whose hearing commenced on Thursday, September 13 when it was first mentioned and adjourned to September 27.

    The statement reads: “Our attention has been drawn to some misleading media reports suggesting that the Direct primaries which produced Alhaji Isiaka Gboyega Oyetola as the All Progressives Congress (APC) candidate for the forthcoming Osun State Governorship election has been nullified by an Abuja Federal High Court in a matter filed by one Kunle Rasheed Adegoke.

    “This case is before Justice Dimgba and our confirmation from the Court’s Registry show that the matter was filed on July 27, 2018. It is being handled for the Plaintiff by A.U Mustapha (SAN) and came up for the first time on September 13, 2018 when service of originating processes on all other Parties was confirmed.

    “The matter was subsequently adjourned to September 27, 2018 for hearing.  Based on the foregoing facts, it is impossible for Judgement to have been given in this case which has only just commenced. We urge the general public to disregard the sponsored fake news.”

  • $500,000 ‘fraud’: Court freezes suspect’s three bank accounts

    A Federal High Court in Lagos Friday froze three bank accounts belonging to one Ajineh Pius Erovwose, being investigated by the Economic and Financial Crimes Commission (EFCC) for an alleged $500,000 fraud.

    The accounts are domiciled in First City Monument Bank (FCMB), United Bank of Africa (UBA) and Union Bank Plc.

    Read Also:WAEC to candidates: Beware of fraudsters

    Justice Sule Hassan made the order following an application by EFCC counsel George Chia-Yakua.

    He froze the account, pending the conclusion of the EFCC’s investigation.

    Justice Hassan held: “I have listened carefully to the submission of the applicant’s counsel, and gone through the summons with the affidavit of urgency, affidavit in support, written addresses and the exhibit attached.

    “This application succeeds and the prayer sought is granted”.

    In an affidavit in support of the application deposed to by EFCC investigator, Paul Okoli, the agency said it got intelligence that Erovwose defrauded an American of $500,000 under false pretence through the said bank accounts.

    It asked the banks to place Post No Debit (PND) on the accounts, but Erovwose obtained a magistrates’ court order setting aside the PND.

    The suspect allegedly withdrew the $500,000, leaving a balance of $14,000 before absconding.
    The anti-graft agency said the addresses used to open the said accounts were discovered to be fictitious and that it would be difficult to conclude the investigation or arrest Erovwose unless the accounts were barred.

  • Forgery: Court dismisses Ikuforiji’s ‘no-case-submission’

    Justice AbdulAziz Anka of a Federal High Court in Lagos Friday ordered Chief Olajide Ikuforuji, the Balogun of Epe Kingdom, to prepare his defence against a forgery charge levelled against him by the  Police.

    Justice Anka made the order after dismissing Ikuforji’s no-case-submission, filed by his counsel, Olajide Sanni.

    Read Also:Certificate forgery: Court dismisses case against Adeleke

    Ikuforij was arraigned by the Police Special Fraud Unit (SFU) on August 17, 2016, on a two-count charge of forgery.

    He pleaded not guilty and was granted N10 million bail with one surety in the same sum.
    In the course of the trial, he filed the no-case-submission and contested the court’s jurisdiction to hear the charge.

    But ruling on the defendant’s application, Justice Anka held: “The law conferred jurisdiction on the Federal High Court to try any miscellaneous offences.

    “Consequently, I hold that this court has jurisdiction to entertain the charge against the defendant, and I so hold.

    “With all evidence, issues and facts presented by the prosecution, which the defendant has to explain, the defendant is hereby given the opportunity to prepare his defence”.

    He adjourned till October 18.

    In the charge, the police accused the defendant of forging minutes of an emergency meeting of the Eko Epe Forum held on October 20, 2012, following a chieftaincy tussle.

    It said the defendant did so “with intent to defraud,” adding that he “fraudulently uttered (presented) a forged and false” document with intent that it may be acted upon as genuine.

    The police also alleged that Ikuforiji’s act was to prejudice the Oba of Epe Kingdom, S.O. Adewale, as well as Alhaji Adio Oduola and Alhaji Tunde Bello.

    The alleged offence contravened Section 1 (2) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004.

  • Omo-Agege accuses Saraki of withholding his entitlements

    …Initiate contempt proceedings against Saraki, Senate

     

    Senator Ovie Omo-Agege (Delta Central) has accused the Senate President, Bukola Saraki of withholding his entitlements and thereby disobeying the judgment of a Federal High Court in Abuja, which voided his suspension earlier this year.

    Omo-Agege, in a form 49 (contempt of court charge) he filed before the court, alleged that Saraki had since refused to comply with the judgment that nullified his suspension from the Senate.

    Read Also:Saraki, others, never supported Buhari in Senate, says Omo-Agege

    His lawyer, Alex Iziyon (SAN) told the court that after the court’s May 10 judgment, his client was allowed entry into the Senate chambers, but that Saraki has refused to approve the payment of his entitlements.

    “My client has since resumed, but he has not been paid his entitlements. That is why we want this court to summon the Respondents to show cause why they should not be committed to prison for refusing to comply with judgment of this court”, Iziyon, SAN, submitted.

    He also sought the court’s leave to serve a copy of the contempt charge on both the Senate and Saraki, through substituted means, because it has been very difficult to serve the respondents.

    Justice Nnamdi Dimgba, who is the court’s a vacation judge, said the court would communicate a hearing date to Omo-Agege.

    The court on May 16 refused a joint application that Senate and Saraki, who were sued as 1st and 2nd Defendants, for a stay of execution of the May 10judgment, with which the court voided Omo-Agege’s suspension from attending plenary for 90 legislative days.

    The Senate and Saraki had, through their lawyer, Mahmud Magaji (SAN), prayed the court to suspend Omo-Agege’s resumption, pending hearing and determination of the appeal against his recall.

    The court had, in the judgment, held that the reason the Senate gave for suspending Omo-Agege from plenary, was unconstitutional.

    It noted that the Ethics and Privileges Committee of the Senate recommended that Omo-Agege should be suspended to punish him for instituting legal action against the legislative house.

    The court further held that while the Senate has the powers to sanction its erring members to protect its integrity, he said no institution or authority has the powers to deny any citizen his right of access to the court.

  • Court awards N10m damages against DSS

    For illegally detaining journalist for 2 years

     

    A Federal High Court in Abuja has declared unlawful the detention of a journalist, Jones Abiri for two years without trial by the Department of State Service (DSS).

    In a judgment on Thursday, Justice Nnamdi Dimgba awarded N10 (as damages) and N500, 000 (as cost) against the DSS.

    The judgment was on a fundamental rights enforcement suit filed by Abiri, through the law firm of Femi Falana (SAN), which was prosecuted by a lawyer in the frim, Samuel Ogala.

    Justice Dimgba was of the view that, although the DSS has the power, under the law, to arrest anyone upon reasonable suspicion, the security agency was without powers to detain an individual beyond the time provided by the Constitution.

    He held that the decision by the DSS to detain Abiri for two years from July 21, 2016 until he was later taken to a Magistrate’s Court in Abuja in July this year, and his eventual release last month, amounted to a violation of his right to liberty, guaranteed by the Constitution.

    The judge, who noted that event with the DSS’ claim that the applicant was arrested upon suspicion of destruction of oil pipelines and committing treasonable offences, said that Jones was accused of committing serious offence, was not a ground for the DSS to detain him beyond the time stipulated in the Constitution.

    Read Also: Ex-DSS boss still in custody

    He wondered why the DSS, who claimed to have obtained a voluntary confessionary statement from the applicant since August 16, 2016, did not charge Abiri with the offences of damaging oil pipelines before the Magistrate’s Court, but rather charged with a different offence.

    Justice Dimgba distinguished the case of Abiri from that of Asari Dokubo in which the Supreme Court held that national security precedes individual’s rights.

    The judge noted that the facts of the Abiri case is different from that of Dokubo in that while Dokubo was charged to court and the state objected to bail on the ground that national security was threatened, in this case, Abiri was never charged, but kept in solitary confinement.

    He said was possible that the respondent could have conveniently charged the applicant to court within the time provided in the Constitution.

    Justice Dimgba said from evidence before the court, it was obvious that the DSS violated the applicant’s right to liberty by detaining him for two years without charging him to court within the time allowed by law.

    He also declared as unlawful Abiri’s detention for two years.

    Abiri, described as the publisher of a Bayelsa State-based weekly paper, Weekly Source, was arrested by operatives of DSS on July 21, 2016 in Yenagoa the state capital) and brought to Abuja where he was detained until July this year without trial.

    The DSS had accused him of engaging in economic sabotage by destroying oil pipelines and running a militant organization called the Niger Delta Liberation Force.

    Upon his release, he filed the fundamental rights enforcement suit, challenging his detention and prayed for N200m damages.