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Tag: Federal High Court

  • Akpobolokemi, others stole N1.5b from NIMASA intelligence committee – EFCC

    Akpobolokemi, others stole N1.5b from NIMASA intelligence committee – EFCC

    The Economic and Financial Crimes Commission (EFCC) has alleged that a former Director-General of Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi and nine others converted N1.5 billion from the agency’s intelligence committee.

    Prosecution witness, Mr. Kanu Idagu, Monday told the Federal High Court in Lagos, that the defendants set up several committees through which they allegedly laundered billions of Naira.

    The defendants are standing trial on a 40-count charge bordering on conversion to their personal uses, of over N3.4 billion belonging to NIMASA.

    The second to seventh defendants are Captain Bala Agaba; Ekene Nwakuche; Felix Bob-Nabena; Captain Warredi Enisouh; Governor Juan; Ugo Frederick and Timi Alari.

    Also charged are two companies; Al-kenzo Ltd and Penniel Engineering Services Ltd.

    They were alleged to have committed the offences between December 2013 and July 2015.

    According to the EFCC, the offences contravened Sections 15 (1), (3), and 18 (a) of the Money Laundering (prohibition) Amendment Act, 2012.

    The defendants are on bail after pleading not guilty to the charge.

    At the resumption of trial yesterday, Idagu introduced himself as head of an EFCC Special Task Force which co-ordinates investigations and carries out searches and arrest.

    Led in evidence by prosecuting counsel, Mr. Festus Keyamo, he said the commission received a petition in the last quarter of 2015, against some activities in NIMASA, during the period when Akpobolokemi was D-G.

    His team, Idagu added, investigated the allegations and found that NIMASA had set up various committees some of which were used to launder monies through firms and Bureau de Changes.

    He specified that a committee on intelligence was set up and headed by the second defendant (Agaba), with an Access Bank account number 0688939609 opened for the receipt of monies.

    “Between December 20, 2013 and July 7, 2015, the committee received money in tranches running into 1.5 billion.

    “The chairman of the committee raised several internal memos to the director of finance and accounts, wherein it was claimed that the funds were to be used for intelligence based security activities.

    “The companies used in furtherance of these activities were either owned or nominated by NIMASA staffs for their personal use,” Idagu said

    According to the witness, one of such companies was Aler Integrated services Ltd, whose alter ego was one Uche Obilor.

    He added: “Another company is Kofa Fada Ltd, a bureau de change company which the second defendant instructed Obilor to transfer the sum of N10 million into.

    “The sum of N2 million was also transferred into the account of one Al-Kenzo Logistics, whose alter ego is the third accused, Ekene Nwakuche.

    “The second defendant also made a claim of a business contract between NIMASA and one Kofa Fada Ltd, with the sum of N26 million transferred to the company’s account, while the dollar equivalent was handed to him.

    “The second defendant also transferred the sum of N86 million to one Usseinian Ltd and the dollar equivalent transferred to him.”

    The witness identified the third defendant (Nwakuche) who was personal assistant to the second defendant, as the person responsible for coordinating accounts for the purpose of diverting money.

    He said that the third defendant formulated an Enterprise Bank account in the name of Adams CDA Global Services, belonging to one of his friends, into which he transferred the sum of N120 million.

    He claimed that the dollar equivalent was handed over to the second defendant.

    The witness alleged that the third defendant also nominated an Access Bank account for Gidoga Investment Ltd, into which the sum of N65 million was transferred.

    He said that in all, a total of N422, 680 million was directly transferred to the second defendant, who claimed that same was remitted to the first defendant.

    After the witness’ oral testimony, the prosecutor prayed the court for an adjournment to enable him present documentary evidence.

    Justice Saliu Saidu upheld his application and adjourned till December 15 and 19 for continuation of trial.

  • Pastor gets N10m bail for alleged N58m fraud

    Pastor gets N10m bail for alleged N58m fraud

    The Federal High Court in Lagos Monday granted a pastor, Chris Anyalebechi, N10 million bail following his re-arraignment for an alleged N58 million fraud.

    The Police Special Fraud Unit (SFU) brought Anyalebechi before Justice Mohammed Idris on a two-count charge of conspiracy and obtaining money under false pretence.

    Anyalebechi, the General Overseer of Christ Glory International Gospel Center, Ikorodu, Lagos, was remanded on September 5, following his arraignment before Justice Babs Kuewumi for the same offences.

    At the resumed hearing of the matter Monday, the police said, Anyalebechi, between April 2014 and March last year, conspired with others now at large to obtain the N58 million from Nestor Nwankwo of Zicozeen Nigeria Limited.

    The cleric allegedly promised to buy a used ship for the company and sell it in parts or scraps on its behalf.

    The charge, marked FHC/L/367C/2016, reads: “That you, Pastor Chris Anyalebechi, General Overseer, Christ Glory International Gospel Center, Ikorodu, Lagos, sometimes between April 2014 and March 2015, in Lagos, within the jurisdiction of the Federal High Court, by false pretence and with intent to defraud, obtained the sum of N85 million from a company known as Nestor Nwankwo of Zicozeen Nigeria Limited, by representing to the company that you will purchase for the company a used ship or vessel and sell same in parts or scraps on behalf of the company, a representation you knew to be false.”

    The alleged offences contravened Section 1(1) (a) (3) of the Advance Fee Fraud and other Fraud Related Offences, Act, 2006.

    The cleric pleaded not guilty to the charge.

    Defence counsel George Ibekwe’s application for bail was not opposed by prosecution counsel, Effiong Asuquo, a Chief Superintendent of Police.

    Justice Idris admitted Anyalebechi to bail with two sureties in the same like sum and adjourned till November 28, for trial.

  • Unpaid amnesty stipends: Ex-militants drag FG, Boroh to court

    Unpaid amnesty stipends: Ex-militants drag FG, Boroh to court

    The Federal High Court sitting in Yenagoa, Bayelsa State, Thursday, fixed November 8 to hear a suit filed by 11 ex-militants against an ex-militant leader, Mr. Emomotimi Ukparasia, popularly known as ‘General’ Africa, following non-payment of their amnesty stipends.

    Also joined in the suit are the Federal Government, the Coordinator of the Presidential Amnesty Programme (PAP), Gen. Paul Boroh (retd) and the Attorney-General of the Federation.

    The ex-militants, who were in the camp of Africa, are praying the court to declare that they are validly qualified beneficiaries of the amnesty programme.

    They are also seeking a declaration that the defendants are liable especially Boroh for the payment of their allowances from October 2009 till the termination of the programme.

    They are praying the court to mandate the defendants to pay “the sum of N65,000 multiplied by 11 persons being their monthly allowance from October 2009 to September 2012 amounting to N25.6million only and the total accruals of their allowances at the termination of this suit”.

    In their statement of claims, the ex-militants averred that they accepted the amnesty declaration of the Federal Government, submitted themselves to the disarmament process and participated fully in the post amnesty orientation training at Obubra, Cross River State.

    They said they were given three certificates each by the trainees who were contracted for the training by the government.

    According to them, they were identified by Africa for admission into the camp and issued identity cards by the Presidential Amnesty Programme adding that having passed through the processes they became qualified to benefit from the programme.

    They further averred that based on their qualifications, the defendants asked them to open accounts in different banks for the payment of their stipends.

    “We concluded the training and ought to start receiving allowances from October 2009 till the end of the amnesty programme but have not received anything.

    “Since we finished our orientation and were asked to leave the camp with promises that we would start receiving our allowances, we have not received any allowance or any other monies for any reasons related to the amnesty programme from the defendant or any other persons”, they said.

    The suit listed the aggrieved ex-militants as Karibo Allen, Sunday Elijah, Utiki Claudius, Boukeme Nimitei, Kingsley Nichodemus, Leleindine and Sanga Sanga.

    Others are James Godgift, Philip Bibinibeye, Joseph Macdonus and Allison Timi-Izuo.

  • N30m fraud: Witness absence stalls trial of ex-FCMB manager

    N30m fraud: Witness absence stalls trial of ex-FCMB manager

    The absence of a prosecution witness on Thursday stalled the trial before a Federal High Court Lagos, of a former FCMB branch manager, Rosemary Usifo, charged with N30 million fraud.

    The accused was arraigned by the Special Fraud Unit of the police on a charge of fraud.

    She had pleaded not guilty to the charge and was granted bail in the sum of N10 million, with two sureties in like sum, one of who must be a blood relation with landed properties.

    The accused was, however, remanded at the Kirikiri prisons as she was unable to perfect her bail conditions.

    On Thursday, the trial of the accused could not go on due to the absence of a prosecution witness.

    When the case was called, the prosecutor, Mr Effiong Asuquo, apologised to the court that he could not proceed with trial as his witness was absent.

    He said that he had called the witness to remind him of the day’s proceedings, and to ensure his attendance, but was informed by the witness that he was bed-ridden.

    Asuquo therefore, prayed the court for an adjournment to enable his witness attend court to give evidence.

    The trial judge, Justice Saliu Saidu, consequently, adjourned the case to Dec. 8 for trial.
    In the charge, the accused was said to have committed the offence in 2011.

    The prosecutor alleged that the accused defrauded a bank customer, a retired Deputy Inspector-General of Police, Mr Archibong Nkanga, of N30 million.

    The money was alleged to have been obtained from the fixed deposit account of the customer.

    The offence is said to have contravened the provisions of Sections 1(2) (a), (c), and 3 (1) (2) of the Miscellaneous Offences Act, Cap. M17, Laws of the Federation, 2004.

  • DSS should probe more corrupt judges, Protesters urge Buhari

    DSS should probe more corrupt judges, Protesters urge Buhari

    President Muhammadu Buhari has been urged to ensure that corrupt judges are flushed out of the system.  

    The call, which was made at a rally Wednesday in at the Federal High Court, Alausa, Lagos, saw placard-carry protesters urging the President to wipe out corruption in the judiciary and other arms of government.

    Some of the placards read, “We support total probe of the judiciary”, “Probe more judges”, “Justice is not for sale, Probe the court”, “Corruption is worse than Boko Haram.”

    The protesters also admonished the president not to deter to take decisive action on the judges saying all the judges so far indicted or arrested for corruption should immediately resign considering the magnitude of the case that the DSS has built against them.

    The Lagos Coordinator; Human Right and Anti-Corruption Coalition, Desmond Abiona who spoke on-behalf of the masses said Nigerians are sad that the judiciary that should be the last recourse of the common man is a bigger problem than what we had hoped it would solve for us.

    “How many terrorists have we successfully convicted and put away for good?”  he quried adding that  corrupt judges have not allowed it. They rather receive bribes and allow killers roam the land with explosive belts and AK47 than deploy the judiciary as a tool for curbing terrorism. “

    According to the activists, the case of those that have been given lenient punishments or bailed from the DSS net is a slap on the wrist by the National Judicial Council (NJC) urging the president to ensure that they must face the law court.

    “The DSS must widen its investigation to take in all the petitions that the NJC has ever discarded given the fact that the council has demonstrated it tends to shield corrupt judges. The arrested judges should be charged to court within the shortest time possible to that they cannot claim their rights were violated.

    “We want to clearly warn the judges that would be handling the trial of these arrested men that Nigerians would be watching closely and this is no time to play fraternal games. In addition to accepting bribes and being corrupt there is also something called conflict of interest and Nigerians will be watching.”

    “The DSS must widen its investigation,” adding that Nigerians are not expecting anything less.

  • Heroin trafficker bags 18 months in jail

    Heroin trafficker bags 18 months in jail

    A 20-year-old boy, Abiodun Oyatolu, who had pleaded guilty to trafficking in 9.9 grammes of heroin in Lagos, is to cool his heels in prison for the next 18 months, a Federal High Court ruled on Wednesday.

    Justice Abdulazeez Anka, who handed down the verdict, said the drug trafficker was guilty as charged.

    The accused had admitted guilt of the offence of trafficking in hard drug preferred against him by the National Drug Law Enforcement Agency (NDLEA).

    The judge, however, said the sentence should begin from the date of judgment and ordered the exhibits to be destroyed if there was no subsisting appeal.

    Earlier, the prosecutor, Mr Jeremiah Aernan, had tendered as evidence before the court a written statement of the accused, a request for scientific aid form, a drug analysis certificate, as well as remnant of the analysed substance which were admitted as exhibits.

    The News Agency of Nigeria (NAN) reports that shortly before the sentence, the accused had begged the court to temper justice with mercy, saying “it is the work of the devil, I promise to turn a new leaf.”

    The accused committed the offence on Jan. 20 at Ipodo, the heart of Ikeja, Lagos State capital.

    He was arrested with 9.9 grammes of heroin, a narcotic similar to cocaine and other psychotropic substances.

    It was analysed in the laboratory by the NDLEA and was confirmed as heroin, the prosecutor said.

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

     

  • FHC judges shun courts in solidarity with arrested colleagues

    FHC judges shun courts in solidarity with arrested colleagues

    …Ohakim’s, Badeh’s trials affected

     

    Judges of the Federal High Court in Abuja Monday shunned court in solidarity with one of the colleagues arrested by the Department of State Services (DSS).

    One of the judges arrested during last Saturday’s raid by the DSS is Justice Adeniyi Ademola, who sits in Court 7 of the Federal High Court, Abuja.

    Litigants, whose cases were scheduled for Monday, were disappointed when, on getting to court, they learnt that the judges would not sit.

    Some of the major cases affected were those involving former Chief of General Staff, Alex Badeh, former Imo State governor, Ikedi Ohakim and the case filed against the House of Representatives by Shell Nigeria Exploration Production Company Limited (Shell).

    Ohakim is being tried before Justice Ademola on a three-count charge of money laundering and false asset declaration.

    He is accused of purchasing a property at 60, Kwame Nkrumah Street, Plot No 1098, Cadastral ZoneA04,  Asokoro District, Abuja with cash payment of $2.29 which was said to be dollar equivalent of N270m in November 2008.

    Ohakim was also accused of failing to declare the property as part of his assets when asked by the EFCC to do so.

    He was to open his defence Monday, but for absence of the trial judge. No date is fixed yet for the case.

    Badeh and a company, Iyalikam Nigeria Limited are being tried before Justice Okon Abang for allegedly diverting about N1.4billion belonging to the Nigerian Air Force (NAF) between January and December, 2013, an offence which contravenes Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.

    Trial was expected to continue Monday.

    Shell is challenging the jurisdiction of the House of Reps to investigate the process leading to the allocation of oil wells to it.

    It is also the company’s contention, in the suit marked: FHC/ABJ/CS/443/2016, that the planned investigation was subjudice as a similar case filed earlier by Malabo Oil was still pending before the court.

    Hearing was to open in the case Monday before Justice Abang.

  • Firearms possession: Court grants accused N5m bail

    A Federal High Court sitting in Jos on Thursday granted bail in the sum of N5 million to one Sani Salihu charged with unlawful possession of 504 rounds of live ammunitions and four guns.

    The judge, Justice Dorcas Agidi, also ordered that Salihu should produce a surety who must be a director in the state civil service and possess a landed property in Jos.

    The News Agency of Nigeria reports that Salihu, was arraigned on a two-count charge, but he pleaded not guilty.

    The prosecutor, Insp. Edwin Ocheyi, had submitted that the accused was arrested in possession of firearms on April 13 at a check point at Hawan Kibo in Riyom Local Government Area of Plateau.

    He said that the crime contravened Section 27 (1b) of the Armed Robbery and Firearms (Special Provisions) Act.

    The prosecutor had opposed the bail application filed by counsel to the accused, Mr. A.B. Bako, who submitted that the offence was bail-able and that Salihu had been in detention since his arrest six months ago.

    The prosecutor argued that if released on bail, the accused might tamper with investigations on the case.

    The case has been adjourned till Nov. 16 for definite trial.

     

  • Ondo Judge sued over illegal detention

    A Judge in the Ondo State High Court, Justice O. O. Akeredolu, has been sued by an Akure-based businessman, Chief Raheem Badmus over what the applicant called his illegal arrest and  detention.

    The applicant who also listed Ondo State Commissioner of Police as second respondent in the suit claimed that he was illegally arrested and remanded in Olokuta Medium Security Prisons without being charged to court and given fair hearing.

    According to a Motion on Notice filed before a Federal High Court sitting in Akure,the applicant through his legal team led by Dr  Remi Oyebanji, described the remand order issued and dated August 24, 2016 by the first respondent (Justice Akeredolu) and executed by the second respondent through his officers as illegal and unconstitutional.

    The applicant averred that this constituted a gross violation of an infringement upon his dignity,  personal liberty, fair hearing and freedom of movement as enshrined and guaranteed under sections 34, 35, 36,41,46 of the constitution of the Federal Republic of Nigeria 1999 ( as amended) and Articles 4,5,6 and 12 of the African Charter on Human and Peoples’Rights .

    The applicant, Badmus, who was arrested at his Ajipowo hotel residence on August 24 and subsequently remanded in Olokuta Medium Security Prisons on the order of Justice O. O. Akeredolu of the Ondo State High Court, was later arraigned before an Oke-Eda Chief Magistrate’s court and granted bail onSeptember 1, after spending eight days in prison custody.

    The applicant is the nominal complainant and father of one Oluwatobi Badmus, a deceased, in a case of manslaughter between the State vs three ex-police officers earlier brought before Justice Akeredolu.

    Oluwatobi was allegedly killed by three police officers who have since been dismissed from the police force.

    They are; Awodeyi Adesola, Adekunle Adedeji and Adepetu Olamilekan.

    It was learnt that the father of the deceased had on August 19,sworn to an affidavit at the High Court Registry asking Justice Akeredolu to withdraw himself from further hearing of the case on grounds of alleged bias among other allegations.

    In the motion on notice, the applicant through his legal team sought an order restraining the respondents either by themselves, their agents, servants, privies and /or any person, body or authority deriving power or authority through them from further arresting, detaining or causing the arrest or detention of the applicant by whatsoever means in an illegal and unconstitutional manner.

    They also sought an order quashing the remand warrant dated August 24, and the applicant released forthwith for violating the fundamental rights of the applicant.

    The applicant who also pleaded with the court to order the respondents to pay him the sum of N200m as compensation for the violation of his fundamental rights, insisted that his arrest and detention in prison custody between August 24 and September 1, 2016,violated his fundamental rights.

    Hearing in the suit continues on October 17.

  • House suspension: Court to hear Jibrin’s suit October 21

    House suspension: Court to hear Jibrin’s suit October 21

    A Federal High Court in Abuja has fixed October 21 for hearing of the suit by suspended former Chairman, Appropriation Committee, House of Representatives, Abdulmumin Jibrin.

    Jibrin, from Kano State, is, with the suit, challenging his suspension from the House. A committee of the House of Reps. On October 28 suspended him for 180 legislative days.

    His lawyer, Abdulhamid Muhammed told the court Friday that the House elected to suspend his client in spite of the pendency of his suit filed August 9, 2016 with which he had originally, sought to restrain the House of Rep leadership from proceeding with the plan to suspend him.

    The case which could not be heard during the court’s vacation by Justice Okon Abang, has since been assigned to Justice John Tsoho.

    Muhammed said, by suspending his client, the House has “over-reached” his client’s motion filed before the court for orders of interim injunction restraining the House from carrying out the suspension.

    He proceeded to withdraw his client’s fundamental rights enforcement application on the grounds that it was overtaken by events.

    Justice Tsoho said since the court’s business Friday was for the mention of the case, it was safer to adjourn to a later date for the hearing of all pending motions.

    Besides the processes filed by Jibrin, other motions awaiting the court’s hearing is the preliminary objection by the defendants challenging the court’s jurisdiction to hear the case.

    Defendants’ lawyer,  Kalu Onuoha said he was confortable with the court’s position.

    Defendants in the suit marked: FHC/ABJ/CS/595/2016 are:The House of Representatives, the Clerk of the House of Representatives, Yakubu Dogara, Yusuf Lasun, Alhassan Ado Doguwa, Leo Ogor, Herman Hembe, Umar Mohammed Bago, Zakari Mohammed, Chike Okafor, Dan Asuquo, Jagaba Adms, Haliru Jika and Uzoma Abonta.

    Jibrin, in the substantive suit, seeks among others, a declaration that the defendants are bound to comply with the provisions of sections 49, 54, 56 and 60 of the 1999 Constitution and the Standing Orders of the House of Reps, regulating its sitting, procedure and other matters in the conduct of its legislative functions as provided in the Constitution and the Standing Orders made pursuant to the Constitution.

    He also wants the court to declaration that the decision taken by the defendants at a meeting held on August 3, 2016 to suspend the plaintiff as a member of the House of Reps without granting him the right to fair hearing is unlawful.