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Tag: Federal High Court

  • Court stays proceedings in Honeywell’s suit against Ecobank

    The Federal High Court in Lagos has suspended the hearing of a N5.5billion debt case between Honeywell Flour Mills Plc, its sister companies and Ecobank Nigeria Limited.

    The companies are praying the court to hold that they are not indebted to Ecobank.

    Justice Mohammed Idris adjourned pending the determination of an interlocutory appeal filed by Ecobank.

    The bank appealed against the judge’s refusal to recuse himself from the case.

    When the case came up for continuation of defence, the bank’s lawyer, Mr Divine Agbua, told the judge that the Court of Appeal directed him to suspend further hearing.

    He said: “The appeal filed by the defendant came up for hearing at the Court of Appeal. Judgment was reserved. They made a directive to await their decision. May I apply that this case be adjourned sine dine (indefinitely). We shall notify your lordship upon delivery of judgment by the Court of Appeal.”

    Plaintiffs’ counsel Olabode Olanipekun confirmed that the Court of Appeal directed that the case be halted “out of respect for the hierarchy of courts.”

    “My application would be for the court to adjourn, not sine dine, but till a further date for us to report the outcome of the appeal,” he said.

    Ruling, Justice Idris said he would comply with the appellate court’s directive.

    He held: “I have listened to learned counsel. I have read the orders of the Court of Appeal. It is clear that the Court of Appeal had directed this court to await its judgment on this matter out of respect for the hierarchy of courts.

    “As a trial court, subordinate to the Court of Appeal, this court shall abide by the orders made by the Learned Law Lords of the Court of Appeal. This court shall, therefore, await the judgment of the Court of Appeal in this matter before further proceedings are continued herein.

    “In the circumstances, further proceedings in this matter are hereby adjourned pending the determination of the appeal. Either party shall be at liberty to apply for a hearing at the conclusion or the delivery of judgment by the Learned Law Lords of the Court of Appeal. This shall be the decision of the court,” the judge ruled.

    Ecobank had asked Justice Idris to recuse himself because it no longer had confidence in the judge to do justice in the case.

    The judge had refused the application, saying he would stick to his judicial oath in determining the case.

    His words: “It is always tempting for a judge against whom criticisms are made to say he would prefer not to hear further proceedings in which the critic is involved.

    “But it is important for a judge to resist the temptation to recuse himself simply because it’ll be comfortable to do so. The danger is that we’ll soon reach a position in which litigants were able to select judges to hear their cases simply by criticising all the judges that they do not want to hear their cases, whether the criticism is justified or not.

    “These issues are either for the appellate court or appealable issues and the defendant can exercise the right of appeal if it so desires. The application for the judge to recuse himself from this matter is most frivolous and it is refused,” he said.

    Ecobank subsequently appealed against the ruling.

    Read Also: Honeywell Flour Mills revenue hits N53.27b

     

     

  • NDLEA arraigns 58-year-old alleged drug baron

    The National Drug Law Enforcement Agency (NDLEA) on Thursday arraigned a 58-year-old alleged drug baron before a Jos Federal High Court for illegal possession of tons of hard drugs.

    The Jos based accused, Jude Okoye alias Zuma, was arrested by officers of the agency on June 9, 2017 at his store in Apata quarters, Jos North Local Government of Plateau.

    Okoye is being tried on an eight-count charge of unlawful possession of 1, 372Kg of Tramadol drug, 1, 089 Kg of cough syrup containing codeine, 28. 3 Kg Diazepam injection.

    Also in his possession was 16Kg of Pentazocine injection, all alleged to be Psychotropic substances similar to cocaine and heroin.

    Others substances allegedly found in his possessions include; 18Kg of cough syrup containing codeine, 200gm of Lorazepam tablets, 250gm of Tramadol and 100gm of Pentazocine Injection.

    The NDLEA prosecuting counsel, Mr Buhari Abdullahi told Justice Dorathy Agishi that by possessing such hard drugs the suspect had committed offences contrary and punishable under sections 19 of the NDLEA Act Cap N30 Law of the Federation 2004.

    When the charges were read to the accused, he pleaded not guilty, and the prosecution prayed the court to commence trial.

    “My Lord, the frightening aspect is that most of the hard drugs found in the accused possession are expired drugs, which if they find their way into the market would have posed serious danger to the lives of innocent Nigerians, ” he said.

    Two officers of the NDLEA gave testimonies of the arrest and substances found in the possession of the baron.

    Mr Etsu Daniel, the agency exhibit keeper told the court the exact quantity of each of the substances found in Jude’s possession and presented them to the court as exhibits.

    Mr Umar Shettiem, the defence counsel, cross examined the witnesses on their testimonies against his client.

    The prosecution later sought for adjournment to present more witnesses.

    Justice Agishi has adjourned the case to April 23 and 24 for continuation of hearing.

    NAN

     

  • PDP chief to court: I have liver ailment

    …Defendants reject witness’ evidence

    A People’s Democratic Party (PDP) leader in Oyo State, Chief Olarenwaju Otiti, Friday asked the Federal High Court in Lagos for permission to  travel abroad to treat a liver problem.

    She is on trial with former Minister of the Federal Capital Territory, Jumoke Akinjide, and a former Senator representing Oyo Central Senatorial District Ayo Adeseun.

    They were charged with a former Minister of Petroleum Resources Mrs Diezani Alison-Madueke, who is said to be at large.

    The Economic and Financial Crimes Commission (EFCC) accused them of conspiring to directly take possession of N650million, which they reasonably ought to have known was part of proceeds of an unlawful act, and without going through a financial institution.

    They pleaded not guilty.

    Otiti, through her lawyer, Akinola Oladeji, promised not to run away if she is allowed to travel.

    “The applicant is seeking a conditional release of her passport for a trip to attend to her health challenges,” Oladeji said.

    The lawyer said Otiti had been suffering from the ailment for long, and that she was receiving treatment abroad when EFCC asked her to return.

    He said his client left her treatment in the US and came to Nigeria.

    After making a statement at EFCC, she returned to the US to resume the treatment but was again invited by the EFCC and was subsequently arraigned.

    “For the EFCC to call her a flight risk is a most unfair statement. We have stated that the ailment she’s suffering from is a liver disorder,” Oladeji said.

    The lawyer said the University Teaching Hospital in Ibadan issued a report that the PDP chief had “two cysts on the left and one on the right”.

    “This is just a confirmation that the operation can only be done in the United States of America. We have stated that her complete medical history is with the hospital and indeed she was referred there from Nigeria,” Oladeji added.

    The lawyer’s bid to tender the medical report from the Bar was rejected by the court.

    Justice Muslim Hassan held that for the report to be valid, it must be filed in form of an affidavit.

    Oladeji sought an adjournment to enable him file the affidavit.

    Earlier, defence counsel, Chief Bolaji Ayorinde (SAN), Michael Lana and Oladeji had urged the court to expunge evidence given by an EFCC operative Usman Zakari.

    The witness had claimed that Mrs. Alison-Madueke allegedly collected N23billion ($115.01million) from three oil marketers ahead of the 2015 general election.

    He said Akinjide and others allegedly received N650million cash in March 2015 at the Dugbe branch of a bank in Ibadan on Mrs. Alison-Madueke’s instructions, and that the money was part of N23billion which the former oil minister kept in the bank.

    Zakari said the commission received a “Category A intelligence” about a meeting at Mrs Alison-Madueke’s house in December 2014 with a bank Managing Director and some oil marketers.

    According to Zakari, she told the bank chief that the oil marketers would bring hard currencies to the bank, and that he should keep the money until further directives.

    Zakari said Mrs Alison-Madueke directed the bank to convert the dollars to naira, which was complied with, after which she allegedly directed that the defendants be paid.

    The defence counsel, however, contended that Zakari’s testimony was hearsay and was inadmissible by virtue of Section 38 of the Evidence Act.

    Justice Hassan adjourned till April 9 for ruling and continuation of trial.‎

    Read Also: Court dismisses suit to sack Bello

  • Alleged shares fraud: N180m not remitted to Oyo – Witness

    An Economic and Financial Crimes Commission (EFCC) witness, Yinka Fatoki, Tuesday told the Federal High Court in Lagos that N180million, which was part of proceeds of shares sold by the Oyo State Government under Chief Rashidi Ladoja, was allegedly not remitted to the state.

    The court also heard that the state government sent a petition to the EFCC following suspicions of fraudulent activities in the sale of the state’s shares in seven banks by the Ladoja administration.

    Testifying in Ladoja’s trial for alleged money laundering, Fatoki, Executive Secretary, Oyo State Bureau of Investment and Public, Private Partnership, said state officials allegedly got “gifts” running into millions of naira from the portfolio manager.

    The witness recalled that in 2007, while he was an Acting Director of Investment Promotion in the Ministry of Commerce, and while serving as the Desk Officer for Oyo’s holdings in public quoted equities, the state executive council reached a decision to sell off the state’s shares.

    “In 2007, there was a decision by the state to sell some of the shareholdings in about seven banks, including First City Monument Bank, UBA, Skye Bank, Stanbic IBTC, Standard Chartered Bank and Guarantee Trust Bank. Fountain Securities Ltd was appointed the Portfolio Manager,” he said.

    He said the Ministry of Commerce was mandated to generate the letters of instruction to liquidate the shares, which was carried out.

    He said after the sale of the shares, Fountain Securities remitted the funds in three installments to the state.

    Fatoki said the shares were sold at a discount, with the proceeds amounting to N4.3billion, adding that not all the shares were sold.

    The witness said the Christopher Alao-Akala administration ordered an investigation on the transaction, and a stockbroker, GTI Securities, was appointed to review Fountain Securities’ report on the transactions.

    Fatoki said N180million, which was part of the proceeds of the shares sales, was not remitted to the state.

    “GTI submitted its report to the state government. The report was reviewed and the state decided to cause a petition to be forwarded to the EFCC. I was named in the petition as one of the suspects,” the witness said.

    Under cross examination by Ladoja’s lawyer Mr Bolaji Onilenla, the witness said he was not part of those who authorised the sale of the shares.

    He said Fountain Securities had been the state’s portfolio manager since 2001.

    “They were initially contracted by the Lam Adesina administration for a three-year period, which was rolled over by the Ladoja administration,” he said.

    He said Fountain Securities gave cash gifts to government officials. On one occasion, he said the portfolio manager brought four cheques of N5million each.
    “The commissioner reached out to the political functionaries while I dealt with civil servants. The gifts were unrelated to the sale of Oyo State’s shares,” he said.

    EFCC re-arraigned Ladoja for allegedly converting N4.7billion from the state treasury to his personal use, eight years after he was first arraigned.
    Ladoja was charged along with his former Commissioner for Finance Waheed Akanbi on eight counts of money laundering and unlawful conversion of public funds.

    EFCC accused them of converting N1, 932,940,032.48 belonging to Oyo to their personal use through the Guaranty Trust Bank account of a company, Heritage Apartments Limited, despite knowing that it was proceed of crime.

    The prosecution said Ladoja removed £600,000 from the state coffers in 2007 and sent it to Bimpe Ladoja in London.

    Ladoja also allegedly bought an armoured Land Cruiser jeep with N42million for himself using public funds.

    EFCC said he converted N728,600,000 and another N77,850,000 at different times in 2007, and allegedly transferred N77, 850,000 to Bistrum Investments, which he nominated to help him purchase a property named Quarter 361 in Ibadan, Oyo State capital.

    The alleged offence, EFCC said, contravenes sections 17(a) and18 (1) of the Money Laundering (Prohibition) Act, 2004, punishable under sections 14(1), 16(a) (b) and 18(2).

    Ladoja and Akanbi pleaded not guilty.

    Ladoja was governor from May 29, 2003 to January 12, 2006 when he was impeached. On November 1, 2006, the Appeal Court Ibadan, declared the impeachment null and illegal.

    The Supreme Court upheld the decision on November 11, 2009, and Ladajo resumed office on December 12, 2006. He, however, lost a re-election bid.

    Justice Mohammed Idris adjourned until April 12 and 13 for continuation of trial.

    Read Also: EFCC arraigns ex-INEC staff in court for alleged N731m fraud

  • 2015 election: ‘Diezani collected N23bn from three oil marketers’

    2015 election: ‘Diezani collected N23bn from three oil marketers’

    The Federal High Court in Lagos Friday heard that a former Minister of Petroleum Resources Mrs Diezani Alison-Madueke allegedly collected N23billion ($115.01million) from three oil marketers ahead of the 2015 general election.

    An investigator, Usman Zakari, said she allegedly distributed the money to People’s Democratic Party (PDP) chiefs and others.

    Zakari was testifying before Justice Muslim Hassan in the trial of former Minister of the Federal Capital Territory, Jumoke Akinjide.

    She was charged along with former Senator representing Oyo Central Senatorial District, Ayo Adeseun; a PDP leader in Oyo State, Chief Olarenwaju Otiti and Mrs Alison-Madueke, who is said to be at large.

    The Economic and Financial Crimes Commission (EFCC) accused them of conspiring to directly take possession of N650million, which they reasonably ought to have known was part of proceeds of an unlawful act, and without going through a financial institution.

    Zakari, the second prosecution witness, said Akinjide and others allegedly received N650million cash in March 2015 at the Dugbe branch of a bank in Ibadan on Mrs. Alison-Madueke’s instructions, and that the money was part of N23billion which the former oil minister kept in the bank.

    According to the witness, the N23billion was the naira equivalent of $115.01million which Mrs Alison-Madueke allegedly collected from three oil marketers, including Lano Adesanya, ahead of the 2015 general elections.

    Led in evidence by prosecuting counsel Rotimi Oyedepo, Zakari said the commission received a “Category A intelligence” about a meeting at Mrs Alison-Madueke’s house in December 2014 with the bank’s Managing Director and some oil marketers.

    According to Zakari, she told the bank chief that the oil marketers would bring hard currencies to the bank, and that he should keep the money until further directives.

    The witness said Autus Integrated Limited took $17.8million to the bank; Northern Belt Oil and Gas lodged $60million; while Mid-Western Oil Services Limited paid $9.5million.

    “An individual, Lano Adesanya, brought the sum of $1.8million. Our findings further revealed that the three oil marketers made payment of the sum of $89million and some fractions.

    “Investigations further revealed that the then petroleum minister’s aides made available $25million and some fractions in suitcases…,” the witness said.

    Zakari said Mrs Alison-Madueke directed the bank to convert the dollars to naira, which was complied with, after which she allegedly directed that the defendants be paid.

    “They signed for the money and took it to the residence of the first defendant (Akinjide). The defendants made cash payment of N650million without going through any financial institution, an amount which was more than the amount authorised by law to be paid in cash,” Zakari said.

    He said Akinjide and Adeseun “admitted making cash payments in that amount.”

    Defence counsel Chief Bolaji Ayorinde (SAN) and Michael Lana urged the court to expunge Zakari’s evidence because he did not personally witness the meeting at Mrs Alison-Madueke’s house or the cash withdrawal at the bank.

    But, Oyedepo argued that Zakari’s evidence was not hearsay but was based on his investigative findings.

    “In view of the fact that the evidence that PW2 gave was the discovery he made in the course of his investigation, the law is settled that such evidence cannot amount to hearsay,” Oyedep said.

    Justice Hassan adjourned till March 23.

    Read Also: Court orders forfeiture of Diezani’s $4.760m penthouses

  • Independence Day bombing: Okah, Nwabueze get life imprisonment

    Independence Day bombing: Okah, Nwabueze get life imprisonment

    The Federal High Court, Abuja, on Wednesday, sentenced Charles Okah and Obi Nwabueze to life imprisonment for masterminding the Oct. 1, 2010 Independence Day bombing near Eagle Square, Abuja.

    Justice Gabriel Kolawole handed down the sentence while delivering judgment in the five counts of terrorism charge preferred against the duo by the Federal Government.

    The Judge held that the prosecution, through the plethora of exhibits tendered and witnesses called, was able to prove its case beyond reasonable doubts.

    “I find the defendants guilty as charged and they are accordingly convicted,”Kolawole said.

    The judge said having handed down a life sentence earlier in 2013 to Edmund Ebiware, who had initially stood trial with the convicts; he could not give a lighter sentence to Okah and Nwabueze.

    He said that it was necessary for the maximum sentence to be given in order to ensure that justice was served in the eyes of families of those who died or sustained injuries.

    The judgeo noted that the judiciary could not be aloof to the increasing wave of kidnapping and acts of terrorism, citing the recent abduction of the 110 school girls from Dapchi in Yobe.

    Counsel to Okah and Nwabueze, Emeka Okoroafor and Oghenovo Otemu had prayed the court to show the convicts mercy, owing to the fact that they were first time offenders.

    The prosecuting counsel, Mr Alex Iziyon, (SAN), however, asked the court to give the convicts the maximum sentence prescribed by Section 15 (1) of the Economic and Financial Crimes Commission Act on which they were tried.

    Okah, Nwabueze, Ebiware and Tiemkemfa Francis-Osvwo (aka General Gbokos) were initially arraigned before the court on Dec. 7, 2010.

    They were arraigned for their alleged involvement in the bomb blast which left about 12 people dead and several others injured.

    Francis-Osvwo later died in prison custody, while Ebiware, who had his trial conducted separately, is serving life sentence upon his conviction in 2013.

    The News Agency of Nigeria (NAN) reports that the judgment which lasted about six hours has finally brought to an end litigation which started about eight years ago.

    NAN also recalls that in the course of the trial, the prosecution called 17 witnesses to prove that the defendants actually committed the crime.

    Okah called two witnesses including himself, Nwabueze called four witnesses.

    Read Also: 2010 bombing: Okah’s trial nears conclusion eight years after

  • EFCC yet to reach plea agreement with ex-air chiefs

    EFCC yet to reach plea agreement with ex-air chiefs

    The Federal High Court in Lagos Wednesday heard that former Chief of Air Staff, Air Marshal Adesola Amosu, is yet to reach a plea bargain agreement with the Economic and Financial Crimes Commission (EFCC).

    Justice Mohammed Idris adjourned the case until March 27.

    Prosecuting Counsel Mr Rotimi Oyedepo told the judge that no “concrete” agreement had been reached.

    “We’ve not reached any concrete agreement that is acceptable to the complainant. We’re here with our witness and we’re ready to go on with trial,” he said.

    Amosu’s lawyer Chief Bolaji Ayorinde (SAN) said everything was in EFCC’s hands.

    “For now, we leave it in their hands to see how we proceed,” he said.

    He had earlier hinted the court that the talks were progressing.

    However, Oyedepo agreed with the judge’s suggestion that the case be adjourned in view of other pending cases in court.

    The witness, an ECCC Investigation officer, Tosin Owobo, who was about to enter the box to give evidence, eventually did not testify.

    Justice Idris also vacated today’s date which also earlier fixed for the trial.

    Amosu, former Nigeria Air Force (NAF) Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo were arraigned before Justice Idris but pleaded not guilty.

    They were accused of diverting about N21billion NAF funds, but they pleaded not guilty.

    An initial plea bargain talks with EFCC broke down after they reportedly refunded some money to the Federal Government.

    At the last hearing, EFCC’s lawyer, Nnaemeka Omewa, who stood in for Oyedepo, told the court that the defence team was in talks with the commission towards reaching a plea bargain agreement.

    “My lord, the defence team met with the prosecution and has proposed terms of settlement. We are still on it, but we are also ready to go on with the trial of the accused persons”, Omewa said.

    Ayorinde confirmed that talks were ongoing, but he sought an adjournment to allow parties conclude with discussions.

    “It is true that parties have met. It is also true that terms have not been fully perfected. Therefore, parties will be willing to come back before the court to report the outcome of our discussions,” he said.

    Read Also: EFCC grills Oduah over N9.4b contract

  • SEC to resume forensic audit of Oando Plc

    SEC to resume forensic audit of Oando Plc

    Dr Abdul Zubair, Acting Director-General, Securities and Exchange Commission (SEC) says it will resume forensic audit to probe Oando Plc based on petitions received by the commission from shareholders of the company.

    He disclosed this during a news conference on Tuesday in Abuja.

    Zubair noted that a forensic audit was initiated in 2017, and preliminary investigation was carried out.

    He said that based on some of the findings from preliminary investigation, the commission took steps to preserve the shareholders value and protect the investing public.

    This, he said, led to the technical suspension of the shares of Oando Plc and the commencement of a forensic audit.

    He, however, said that the audit was suspended because of two lawsuits that were initiated to stop the process.

    “The two law suits were filed by Oando Plc and some shareholders of the company to restrain SEC and the Nigerian Stock Exchange (NSE) from effecting a technical suspension on the shares of Oando.

    “The lawsuits were also intended to stop SEC from appointing a team of forensic auditors to conduct a forensic audit of the company,’’ he said.

    Zubair, however, said that Oando Plc. had withdrawn the pending lawsuit against the commission by an application heard and granted by the Court of Appeal on March 5, 2017.

    He also said that the application for withdrawal by the shareholders was heard and granted by the Federal High Court on Feb. 21.

    According to him, following the dismissal and the striking out of the two suits, SEC would be proceeding with the forensic audit.

    “Following the dismissal and striking out of the suits, SEC has duly informed the firm of Deloitte to proceed with the forensic audit.

    “The commission is committed to its primary mandate of protecting investors and will take all necessary steps to fulfill that mandate and uphold the integrity of the capital market,’’ Zubair added.

    He assured all stakeholders that following the removal of the legal impediments, the audit of Oando Plc, would proceed in a transparent and thorough manner.

    Zubair, however, did not give a time frame for the completion of the audit, but assured that it would be done in the shortest possible time.

    Zubair also assured that the commission would not interfere with the audit so that the outcome would be satisfactory.

    Read Also: SEC clears Deloitte to audit Oando

  • IGP, DSS, EFCC want court to allow search of Wike’s properties

    IGP, DSS, EFCC want court to allow search of Wike’s properties

    The Inspector General of Police (IGP) and two Federal Government’s investigating agencies have asked a Federal High Court in Abuja to reject a prayed by Rivers State Governor, Nyesom Wike, stopping them from searching his properties.

    The investigating agencies are the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC).

    The three are listed as respondents in a suit by the River State Governor, seeking among others, to prevent the search of his property and the execution of a search warrant against him by any of the agencies.

    The suit was filed last year in the wake of allegation that the governor compromised some electoral officials during the rerun elections conducted by the Independent National Electoral Commission (INEC).

    A number of INEC officials, from whom funds were allegedly recovered, are currently on trial before the Federal High Court in relation to their conduct during the River State rerun election.

    Arguing IGP’s position Thursday, David Igbodo urged the court to dismiss Wike’s suit on the grounds that it was based on “mere speculation.”

    Igbodo, a lawyer with the Nigeria Police Force, said: “The application is speculative because in the first instance, there is no search warrant attached to it.

    “The only exhibit attached is the interview granted by Wike himself in which he made allegations that the police wants to search his house in Abuja.

    “He made the allegation, but he did not attach the search warrant to prove it. Assuming without conceding that the police obtained a search warrant to search the Rivers State Governor’s house in Abuja; the question is:  Can the police execute the search warrant without requiring his presence?

    “The question has been answered by the Supreme Court and the answer is yes. The police can effectively do that without requiring his presence.

    “So the government house of Rivers State in Abuja can be searched without the Governor’s presence, as there are security men there that can witness the search.”

    Igbodo further submitted that the law allowed the police to gather evidence and investigate officials who had immunity adding that a search warrant was a process of obtaining evidence during investigation.

    He admitted that the governor enjoys immunity by virtue of the provision of the Constitution.

    Igbodo proceeded to argue that, the enjoyment of the constitutionally granted immunity by a governor cannot protect him from being investigated.

    He added that during the process of investigation, investigators were allowed by law to gathered evidence against such a governor.

    DSS’ lawyer, O. Atoyebi, who argued in similar vein, urged the court to dismiss the suit.

    He contended that the suit was intended by the governor to prevent the service (DSS) from performing its statutory functions.

    Lawyer to the EFCC, Mrs Elizabeth Alabi argued that hewr client was not a necessary party in the case.

    Mrs Alabi, who urged the court to dismiss the suit, argued that the EFCC has no business in the suit and was wrongfully joined.

    She prayed the court to award N100, 000 in compensation for his client, against Wike.

    Lawyer to the governor, Sylva Ogwemoh (SAN) noted that the essence of the suit was the interpretation of a section of the constitution.

    Ogwuemoh said: “The focal point of our summons is the interpretation of Section 308 of the Constitution as it relates to search warrant.

    “A search warrant is undoubtedly a process of court and if that is the case, there is a breach of the absolute immunity that Section 308 confers on the plaintiff (Wike).”

    He argued that under Section 308 of the Constitution the execution of a search warrant required the presence of the person to which the section applies and who enjoys immunity, and in this case, Wike, before the property could be searched.

    Ogwuemoh while faulting Igbodo’s argument argued that the IGP’s lawyer’s argument that despite Section 308, the police was with the discretion to search the government’s house in the governor’s absence was against the law.

    On Igbodo’s argument that the applicant failed to attach the warrant in question,  Ogwuemoh argued that since the suit only seeks the interpretation of a legal provision, there was no need to attach a warrant to the application.

    After listening to partied, Justice Ahmed Mohammed adjourned to May 9 for judgment.

    In the suit filed in June 2017, Wike, among other reliefs, wants a declaration that by virtue of the provisions of Section 308 of the Constitution, the IGP, the EFCC and the DSS cannot apply for, obtain, issue or execute any court process compelling his presence.

    He also wants the court to determine: “Whether the defendants can by the combined effect of Section 308 of the Constitution and Sections 149 and 150 of the Administration of Criminal Justice, apply for, obtain, issue or in any manner or form effectively execute a search warrant at the residence of Wike in Abuja or any of his residences without his physical presence in the course of the execution of such search warrant.”

    Read Also: Wike alleges plot by FG to use INEC to rig 2019 elections

  • 2010 Abuja bombing: Court sets March 7 for judgment in Okah’s trial

    2010 Abuja bombing: Court sets March 7 for judgment in Okah’s trial

    A Federal High Court in Abuja has fixed March 7 this year for judgment in the over seven-year old trial of Charles Okah and Obi Nwabueze.

    Okah and Nwabueze are being tried for their alleged complicity in the October 1, 2010 bomb incident at Eagle Square, Abuja, in which about 12 people died and many others were injured.

    Justice Gabriel Kolawole chose March 7 for judgment after parties adopted their final written addresses yesterday.

    Adopting his address Wednesday, Okah’s lawyer, Emeka Okoroafor argued among others, that the prosecution was unable to lead sufficient evidence to warrant his client’s conviction.

    He faulted the evidence led by the prosecution and insisted that it failed to link his client with the alleged offence.

    Okoroafor prayed the court to discharge and acquit his client.

    Lawyer to Nwanbueze, Oghenevo Otemo argued in similar vein. He contended that the prosecution did not place anything before the court to warrant his client’s conviction.

    Otemo accused the prosecution of concealing some relevant materials from the court.

    He said his client made different extra-judicial statements voluntarily and that one of such statements was made at the headquarters of the Department of State Services (DSS) on October 18, 2010.

    Otemo claimed that the prosecution refused to tender the statement his client made at the DSS headquarters before the court.

    The prosecution’s alleged refusal to tender the statement, Otemo argued, amounted to concealment of evidence, which according to him, is against the law.

    He urged the court to hold that the statement, which the prosecution allegedly refused to tender, is that which is favourable to the defendant.

    Otemo prayed the court to set Nwabueze free.

    In a counter-argument, prosecution lawyer, Alex Iziyon (SAN) urged the court to hold that the prosecution has proved its case against the defendants.

    He said evidence led by the prosecution conveniently reflected the involvement of the defendants in events leading to the October 1, 2010 bomb incident.

    Izinyon, who dwelt extensively on the case against Okah, described him as a schemer and the facilitator of the act of terrorism.

    “The first defendant is head, neck and toe deep in the act of terrorism”, Izinyon said.

    He said the prosecution has proved beyond reasonable doubt that the defendants were responsible for the 2010 Independence Day multiple bomb blasts in Abuje, which claimed several lives and left several others injured.

    Iziyon urged the court to convict the defendants as charged and sentence them accordingly.

    Earlier, Justice Kolawole over-ruled the defendants’ objection to the prosecution’s application dated January 29, 2018 for the court’s permission to regularise some of the exhibits it tendered.

    The judge, who faulted the defence’s argument against the application, allowed the prosecution to regularise the document on being satisfied that it has paid the necessary penalties.

    Okah, Nwabueze, Edmund Ebiware and Tiemkemfa Francis-Osvwo (aka General Gbokos) were initially arraigned before the court on December 7, 2010 in relation to the alleged offence.

    Francis-Osvwo later died in prison custody, while Ebiware, who had his trial conducted separately, is serving life sentence upon his conviction in 2013, leaving Okah and Nwabueze to jointly stand trial on a charge marked FHC/ABJ/CR/186/2010.