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Tag: Federal High Court

Police kick as Evans files N200m suit over seized trucks

Suspected millionaire kidnapper, Chukwudumeme Onwuamadike (alias Evans), has urged the Federal High Court in Lagos to order the release of his seized 25 Mack trucks.

Through his lawyer Olukoya Ogungbeje, Evans said the trucks were seized without a court order.

The lawyer said the police forcefully confiscated the trucks from Evans last June 15 without any court order.

But, the police have urged the court to dismiss the suit as the trucks were proceeds of crime and were exhibits.

Ogungbeje wants the court to award N200 million as general and exemplary damages against the police for the alleged violation of Evans’ rights under sections 36, 43, and 44 of the 1999 Constitution.

But, in a counter-affidavit, the deponent Inspector Haruna Idowu, said he was on the team that investigated Evans’ case.

He said the suspect acquired 11 trucks with proceeds of crime, adding that 10 of them were recovered by the police.

He said the trucks were listed as exhibits in the criminal charges filed against Evans at the Lagos State High Court.

“The applicant is the notorious and most dreaded armed robber and kidnapper known as Evans, who defiled police arrest for over 10 years and who had terrorised many states with his various gang members.

“The applicant has no other source of livelihood except armed robbery and kidnapping as so many arms and ammunition were recovered from the applicant during his arrest.

“The applicant had purchased various properties with proceeds of armed robbery and kidnapping.

“The applicant purchased 11 trucks with proceeds of crime. The police recovered 10 in Lagos while they were not able to tow the remaining one from Anambra State to Lagos due to the fact that the applicant’s brother-in-law, Mr. Okwuchukwu Obiechina, and his wife had tampered with the brain box of the truck in a bid to pervert the course of justice.

“The trucks recovered are proceeds of crime which are preserved and kept as exhibits to be tendered in the ongoing criminal prosecution of the application at the High Court of Lagos State,” Idowu said.

Justice Rabiu Hadizat Shagari adjourned till April 17.

January 26, 2018
N400m fraud: Court orders Metuh to appear in court Feb. 5 or risk jail

The Federal High Court, Abuja, has asked former Peoples Democratic Party(PDP) spokesman, Mr Olisah Metuh, to be present at his trial on Feb. 5 or face jail.

Justice Okon Abang gave the order on Thursday, when he delivered ruling in an application filed by Metuh, seeking an adjournment to his trial on health grounds.

The judge said that the letter which Metuh wanted the court to rely on to grant the adjournment was not a proper document before the court.

“I agree with the prosecution that the purported letter written by Dr O.C. Ekweogwu, who is unknown to the court, is trash and a useless paper meant for the dustbin, which was dumped on the court by the defence.

” The said letter was fraudulently smuggled into the records of the court by a person unknown to the court with the intent to stall proceedings. ”

The judge said that there was a laid down procedure for filing a medical report in court.

He said it was not the place of a medical practitioner to write a lengthy letter with several medical terms that were meaningless to the court.

Read Also: EFCC urges court to revoke Metuh’s bail

“The medical practitioner is to state the name of the illness and the period that the person will be incapacitated.”

The judge further said that although the application by the prosecution to revoke Metuh’s bail and commit him to prison deserved to succeed, he would not grant it based on compassionate grounds.

” It is my humble view that the application of the prosecution to revoke the defendant’s bail deserves to succeed, but I have given due consideration to the arguments of counsel to the defendant.

“In view of the passionate plea of the defendant’s counsel who I have respect for, I hereby suspend my decision to revoke bail, but I ask that the defendant turns a new leaf.”

The judge, however, said that if Metuh failed to appear in court on the next adjourned date, he would revoke the bail.

“Arrest is a consequential order if bail is revoked, and so if the defendant’s bail is revoked, he will be arrested.

“The outcome of his response when he appears in court will determine whether or not to put him in prison.”

The court said that it was not inclined to try Metuh in absentia, as it was contrary to Section 266 of the Administration of Criminal Justice Act, 2015.

The judge also said that he would no longer accept any medical report with respect to Metuh, issued by a doctor in Nigeria.

He further granted the application by the defendant’s counsel to bring seven additional witnesses, saying he will not accept any application for more witnesses.

He adjourned the matter until Feb. 5 and 6 for continuation of trial.

The Repoter reports that Metuh’s trial was to resume on Monday but he was absent in court.

When the matter was called, Mr Onyeachi Ikpeazu (SAN), counsel to Metuh informed the court that his client was admitted at the Nnamdi Azikiwe University Teaching Hospital, Nnewi, and was unable to attend court.

Ikpeazu presented a letter written by a doctor in the hospital to the court, but both the judge and the prosecutor questioned the authenticity of the letter.

The prosecutor went further to ask the court to revoke Metuh’s bail for breaching his bail conditions and commit him to prison.

Metuh is standing trial over allegations of receiving N400 million from the former National Security Adviser, retired Col. Sambo Dasuki and also money laundering charges involving $2 billion.

NAN

January 25, 2018
$1.6bn crude oil fraud: EFCC’s failure to produce witness stalls Omokore ‘s trial

The prosecution’s failure to produce its witness before the Federal High Court, Abuja impeded progress yesterday in the trial of businessman, Jide Omokore and others for alleged diversion of $1.6bn proceeds of sales of Federal Government’s crude oil.

The Economic and Financial Crimes Commission ( EFCC ) is prosecuting Omokore, his two companies – Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited – and others on a nine-count charge of criminal diversion of about $1.6bn believed to be part of proceeds of sales of petroleum products belonging to the Federal Government.

Also named as defendants in the case are a former Managing Director of the Nigerian Petroleum Development Company ( NNPC ), Victor Briggs; a former Group Executive Director, Exploration and Production of the NNPC, Abiye Membere and a former Manager, Planning and Commercial of the NNPC, David Mbanefo.

Former Petroleum Minister, Mrs. Diezani Alison-Madueke was also named in the case until late last year when the court struck out her name on the ground that she was listed as a defendant.

On Wednesday, the 4th prosecution witness, a Senior Manager with Stanbic IBTC Bank Plc, Adedayo Adesanmi confirmed that the bank froze the accounts owned by two of Omokore’s companies – Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited – due to a worldwide freezing order.

He said:“The bank got a worldwide freezing order. There were also negative press generated by the accounts and frequent invitation from security agencies because of the accounts.”

The prosecution, led by Rotimi Jacobs (SAN) was to call another witness yesterday when Jacobs expressed his regrets to the trial judge, Justice Nnamdi Dimgba, over the failure of two scheduled witnesses to attend court on Thursday.

He said his two witnesses that were from Lagos, were unable to make it to court yesterday despite earlier assurances that they will attend court.

Jacobs said one of the two witnesses was an investigative officer in the case, but was recently transferred from Abuja to Lagos.

The trail judge, Justice Nnamdi Dimgba was uncomfortable with the turn of event and the prosecution’s failure to produce its witness.

The judge noted that the prosecution had been dilligent in its handling of the case, but insisted that it must continue with the case.

The judge suggested standing down the case for the witnesses to arrive to allow for progress in the case.

At that point defence lawyers, including R.A Rabana-Lawal (SAN), Adeniyi Adegbonmire (SAN) and Tayo Oyetibo (SAN) said Jacobs had explained his difficulty to them before the commencement of proceedings.

In view of the non-aversion of the defence to an adjournment, Justice Dimgba reluctantly adjourned to March 1 and 2.

January 18, 2018
Man jailed for attempting to sell baby

The Federal High Court sitting in Calabar yesterday sentenced 31-year-old Ifeanyi Kelvin Okorogu to three years in prison for attempting to sell a three-day-old baby.

Okorogu was arrested in December by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP).

The charge sheet signed by Unimwen Aigbeze, of NAPTIP accused Okorogu of trying to sell the baby of a 16-year-old girl to Angela Tokees Nwaelechi, on December 1.

The offence is punishable under Section 29 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.

Justice Inyang Ekwo sentenced Okorogu to two years on the first count and one year on the second.

He said both sentences would run concurrently.

Okorogu’s lawyer Cosmos Obinna urged the court to temper justice with mercy.

He said the accused was a first-time offender, with no criminal record.

The lawyer pleaded that Okorogo has an unemployed wife, two children and an aged mother, who will suffer if he is incarcerated.

He said Okorogu had learnt from his mistake and would not commit such again.

January 12, 2018
‘Why we are probing Mark’s acquisition of Senate President’s house’

The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) and the Chairman, Special Presidential Investigation Panel for Recovery of Public Property (SPIPRPP), Okoi Obono-Obla have explained why the panel was probing the purchase of the official residence of the Senate President by David Mark.

They said the investigation was informed by information to the effect that Mark, a former Senate President, unlawfully acquired the property in 2011, without being reflected in the Federal Government’s gazette as required.

They argued that the house said to be built on 1.6 hectares of land, located in Gudu, Apo, Abuja, is a national monument that was not meant to be acquired by an individual.

Malami and Obono-Obla’s explanation is contained in the court papers they filed before the Federal High Court in Abuja Thursday in reaction to a suit by Mark, challenging the notice of investigation served on him by the SPIPRPP.

The documents include a notice of preliminary objection, a counter-affidavit to Mark’s motion for interlocutory injunction and a defence to the substantive suit.

An official in the office of the Chairman of SPIPRPP, Aribatise Olanrewaju, who deposed to the counter- affidavit for Malami and Obono-Obla stated that the panel was empowered to probe the circumstances in which Mark took over the property.

He said although former President Goodluck approved the sale of the property to Mark; the purchase was not gazetted as required by law.

He said: “The request of Senator Bala Muhammad (the then Minister of Federal Capital Territory) was approved by former President Jonathan, but on the condition that the sale should be gazetted.

“However, the sales of the houses were never gazette. Notwithstanding the directive of former President Jonathan that the said house should be sold to the plaintiff upon enactment of a Federal Government gazette, the said property was illegally sold to the plaintiff;

“The sales of these houses were never reflected in the Federal Government official gazette contrary to directive/ minute in the memo of Senator Bala Muhammad by former President Jonathan;

“I know as a fact that the sale of the said house to the plaintiff was never conducted in a competitive bidding and transparent process; this is contrary to the provisions of Section 15 (1) of the Procurement Act, 2007;

“I know as a fact that the sale was contrary to the provisions of the Federal Government of Nigeria official gazette No. 82, Vol. 92 of 15 August 2005;

“The said house is a national monument, which should have never been sold;

“I know as a fact that the provisions of Part 11 (b) of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, Etc.) (Amendment) Act, 2008 otherwise known as the Remuneration Act, 2008 provides that Senate President is provided with accommodation by the Federal Government of Nigeria.

“I know as a fact that the sale to the said house was contrary to the provisions of Paragraphs 1 & 6 (1) of Part 1 of the 5th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) since the purchaser (the Plaintiff) was a the Senate President he purchased the house.”

Olanrewaju referred the law that empowered the panel to investigate Mark’s acquisition of the property.

He said: “I know as a fact that the notice alluded to in paragraph 17 of the affidavit is therefore not a notice of eviction as claimed by the plaintiff/applicant.

“I know as a fact that the 2nd defendant never declared the plaintiff/applicant acquisition of the said property illegal, but a notice to inform him that the acquisition of the said property was under investigation by the Special Investigation Panel.

“I know as a fact that the Special Presidential Investigation Panel for Recovery of Public Property was set up by the Federal Government of Nigeria pursuant to the provisions of Recovery of Public Property (Special Provisions) Act, Cap. R4, Laws of the Federation of Nigeria, 2004,” he said.

In their objection, Malami and Obono-Obla faulted the suit by Marked and described it as a ploy to stall his ongoing investigation.

Obono-Obla, who endorsed the processes filed by the respondents in the suit – the AGF and Obono-Obla – described the suit as speculative and hypothetical.

He contended, in the objection that the Federal High Court was without the jurisdiction to hear the suit.

He grounds on which he hinged his argument include that the court has no jurisdiction to grant the relief sought by the plaintiffs in view of the fact that, by virtue of Section 251 (1) (p) of the Constitution, the subject matter of the case has nothing to do with the administration or the management and control of the Federal Government or any of its agencies.

He said the suit was a disguise to scuttle criminal investigation of the plaintiff (a public officer) using the court.

Obono-Obla added tha: “This court has no jurisdiction to stop the Special Investigation Panel for Recovery of Public Property established pursuant to Section 1 (1) of the Recovery of Public Property (Special Provisions) Act, Cap. R4, Laws of the Federation of Nigeria, 2004 from carrying out its statutory functions.

“The 2nd defendant (Obono-Obla) is an agent of a disclosed principal and as such the plaintiff is wrong to sue the 2nd defendant in his official capacity with his personal name.

“This suit has disclosed no reasonable cause of action; it is speculative and hypothetical,” he said.

The SPIPRPP, in September this year, issued a 21-day notice to Mark to quit the property or “show cause” why the Federal Government should not “enforce the recovery of the property for public good”.

Rather than “show cause” as requested by SPIPRPP, Mark head before the Federal High Court where he lodged the suit and prayed the court to among others, quash all steps taken by the panel to evict him and recover the house from him.

The case will come up for hearing on January 22 next year before Justice Gabriel Kolawole.

December 21, 2017
Fake products: Absence of interpreter stalls trial of Chinese men

The absence of an interpreter on Wednesday stalled the arraignment of two Chinese nationals, Mr Zhoung Li Xin and Mr Zhoung Guomin at the Federal High Court, Abuja.

The Standards Organisation of Nigeria’s ( SON ) accused the two of marking some unapproved products as genuine.

The accused persons had demonstrated to the court that they could only speak in their native mandarin.

The charge had claimed that Zhoung Li Xin and Mr Zhoung Guomin placed an “ABB” mark on receptacle containing products marked as Chiko and Toyou.

The Prosecution therefore alleged that the accused persons committed an offence under Section 378 of the Penal Code Law Cap. 89 Law of the Northern Nigeria.’’

Mr Joseph Olofindare, Counsel to SON, said the defendants’ actions of making false mark on products and making such products to be believed to be of a particular quality was a breach of the law.

He said the alleged action was with the intent to defraud the innocent public.

“Likely punishment is three years imprisonment with or without fine’’, he said.

On why an arrangement was not made for an interpreter for the defendants, Olofindare said it was his conviction that the defendants could speak English language.

“We are aware that the defendants spoke English before now, but they denied speaking or understanding English when we got to the court.

“At the appropriate time that will be sorted out and the interest of justice which we are concerned with will be served.

“The interest of SON is to get rid of foreigners with the intention of bringing substandard items that may have negative impact on the citizens.

“The mandate of SON is to move against that and to ensure that all the perpetrators are brought to book’’, Olonfindare said.

On his part, Mr Amaechi Muonagor, Counsel to the defendants, said his clients were not aware the case was coming up as they were served with the court process on the evening of December 19.

He also said there was no preliminary arrangement for an interpreter.

According to him, the prosecution has the false impression that the defendants could speak and understand English language.

“We were prepared for the trial any way, except that there was no interpreter to interpret the language of the court to the defendants.

“I normally communicate with them through an interpreter but what happened was that we did not liaise with SON to provide an interpreter because of the short notice to appear in court’’, he said.

He said however, that the defendants were presently enjoying administrative bail.

He said it was the right of the defendants to be heard in the language they understand, adding that the prosecution and the defendants’ counsel had agreed to interface to make that happen.

The presiding Justice Sadiq Umar, had earlier ordered the parties to ensure the defendants were provided with an interpreter to facilitate the trial.

However, no date was fixed for the commencement of the trial.

NAN

December 20, 2017
Peace Corps asks court to hold IGP for contempt

The Peace Corps of Nigeria wants the Federal High Court, Abuja, to commit the Inspector-General of Police, Mr Ibrahim Idris to prison for alleged disregard of court orders.

The corps in Form 48 on Contempt of Court filed on Wednesday prayed the court to jail Idris to serve as deterrent to others in position of authority.

The contempt charge against the IGP was premised on the alleged refusal of the police to vacate the headquarters of the organisation which it sealed on Feb. 28, during its official commissioning.

The suit was predicated on a judgment in a fundamental human rights suit delivered by Justice Gabriel Kolawole on Nov. 9.

Kolawale in the judgment, ordered the police to unseal the corporate head office of the corps in Abuja.

He also ordered the police to pay the corps N12 million as damages for infringing on its rights to own property and for freedom of movement.

Read also: Peace Corps: Why AGF should compel police to obey court order

The suit was instituted by the National Commandant of the Corps, Mr Dickson Akoh and 49 others.

Speaking to newsmen, Akoh said that his organisation had been pushed to the wall to institute the contempt charge against the police boss.

“The organisation has secured seven different judgments from different courts, all barring the police from arresting detaining, harassing or intimidating our officers in the course of their lawful duties,’’ he said.

Akoh said that his officers would not take laws into their hands but would continue to approach the court for intervention.

NAN

December 13, 2017
EFCC arraigns man for hacking Winners Chapel’s bookstore

The EFCC on Wednesday charged one Chimezie Chuta before a Federal High Court in Lagos for alleged cybercrime.

The accused was charged for allegedly hacking into the online bookstores of the Living Faith Church, popularly known as Winners Chapel.

Chuta, however, pleaded not guilty to the charge.

The EFCC in the charge marked, FHC/L/441C/17, alleged that the accused committed the offence on March 8, 2016.

The accused was alleged to have altered the online data of Dominion Bookstores platform belonging to Living Faith Church Worldwide and created a counterfeit platform.

The alteration was said to be for purposes of conferring economic benefits on himself.

The EFCC said that the actions of the accused had caused the church to lose its publishing unit.

It said that the offences contravened the provisions of Sections 14 and 16 of the Cybercrimes (Prohibition) Act 2015.

After the plea of the accused, the Prosecutor, Mr Ahmed Yerima, asked the court for a trial date, urging it to remand the accused in prison, pending trial.

The Defence Counsel, Mr A. Osagie, also urged the court to order the remand of the accused in EFCC custody.

Read also: EFCC freezes N905m in suspected slush account

He told the court that he was only briefed as counsel on Tuesday, and this had made it impossible for him to file the bail application earlier.

The trial judge, Justice Ayokunle Faji, adjourned the matter until February 26 and 27, 2018, for trial, and ordered that the accused be remanded in prison custody.

The judge however said that the bail application will be given a date for hearing

NAN

December 13, 2017
Ekiti Assembly vs EFCC: Court delivers Judgment Jan 24

A Federal High Court sitting in Ado-Ekiti has fixed 24th January, 2018 for judgment on the suit filed by the Ekiti State House of Assembly against the Economic and Financial Crimes Commission ( EFCC ).

The Assembly filed the suit to restrain the anti-graft agency from launching a probe into its finances.

The state legislators led by Speaker Kola Oluwawole headed to the court seeking reliefs to stop the EFCC from arresting or detaining them from performing their functions.

Justice Taiwo Taiwo, at the court’s sitting on Wednesday, set the date for the judgment after counsel to all parties adopted their briefs of argument.

Counsel to the Assembly, Mr. Peter Nwatu argued that the 1999 Constitution (as amended) provides for separation of power among the three arms of government.

He contended that there was no reason for a federal agency, as represented by the EFCC, to interfere in the business of a legislative arm of government established by the Constitution.

According to him, the Constitution is supreme over any agency of the federation including the EFCC on how funds are disbursed to the Assembly or how they are being appropriated.

Counsel to EFCC, Mr A. Akoja argued that agencies such as EFCC cannot be restricted from performing their statutory duties.

He urged the court to dismiss the suit filed by the plaintiffs for lacking merit.

December 13, 2017
Court orders forfeiture of N28m, property ‘stolen’ by Lagos director

The Federal High Court in Lagos has ordered the temporary forfeiture of N28.5million allegedly stolen by a Director of Accounts in the Lagos State Public Works Corporation (LSPWC) Mr Anifowoshe Muhammed Jamiu Alade.

The Economic and Financial Crimes Commission (EFCC) said the sum recovered from him “is reasonably suspected to be proceeds of unlawful activity to wit: stealing.”

Justice Rilwan Aikawa ordered the interim forfeiture to the Federal Government of properties recovered from Alade.

They include six flats of three bedroom, six flats of two bedroom, six flats of one Bedroom at Adewale Osiyeku Street, Offin-Ile Igbogbo, Ikorodu, and four flats of three bedroom duplex at 6, Tunde Gabby Close, Dopemu Area Pako Bus Stop Agege, all of which EFCC said were “reasonably suspected to have been acquired with the proceeds of theft”.

Other properties forfeited to the Federal Government are a plot of land at Queen’s Garden Estate, off Lagos-Ibadan Expressway, a semi-detached three bedroom flat and one unit of three bedroom terrace at Cranbel Court, Citiview Estate Arepo, Ogun State.

Justice Aikawa directed EFCC to notify Alade to appear before the court and show cause within 14 days why the properties should not be forfeited to the Federal Government.

“The money and properties sought to be attached are reasonably suspected to be proceeds of an unlawful activities stolen, diverted and retained by the respondent (Alade) from the Public Works Corporation, Lagos State,” EFCC said.

The commission said Alade, being a Director of Account in the corporation, was “the custodian, initiator, first authoriser and final authoriser of the corportation’s internet banking system”.

EFCC said the respondent allegedly incorporated a company called MAJ Anny International Limited, of which he is a director and signatory to its account.

In a supporting affidavit, the commission’s operative Zayyanu Halliru, said: “We traced to the respondent the sum of N106,095,960.00 which sums he fraudulently stole from Public Works Corporation, Lagos State to his personal account No. 0015893001 domiciled in Guaranty Trust Bank and converted same to his personal use.

“We traced to the respondent the sum of N223, 373,475.00 which sums he fraudulently stole from Public Works Corporation, Lagos State to MAJ Anny International Limited being his company account domiciled in Zenith Bank.

“The respondent used part of the proceeds of crime allegedly stolen from Public Work Corporation, Lagos State to purchase and acquire properties

“Out of the stolen funds highlighted above, the respondent purchased two properties from a company called Property Mart Real Estate Investment Limited in the sum of N37, 740,000.00. Out of the above, we have recovered the sum of N28, 500,000.00

“The sums and the building highlighted above are reasonably suspected to be proceeds of unlawful activities stolen from the Public Work Corporation, Lagos State.

“The order of this court is needed to forfeit this aforementioned sums and the building to the Federal Government of Nigeria.”

Justice Aikawa adjourned till January 16.

December 7, 2017