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Tag: Federal High Court

  • Businessmen arraigned for allegedly selling adulterated oil

    The Standards Organisation of Nigeria (SON) has arraigned four men at the Federal High Court in Lagos for allegedly producing and selling adulterated engine oil.

    Justice Oluremi Oguntoyinbo ordered that they be remanded in prison custody pending ruling on their bail application.

    The accused are Uche Johnson, Olaide Shittu, Kingsley Meteke and Abdulquadri Olayinka.

    They were alleged to have adulterated 128 drums and 9.45 litres of oil.

    The prosecution alleged that the defendants and others at large on January 2, at 2, Esugbayi Street, NPA Quarters, Marine Bridge, Apapa, produced adulterated/substandard engine oil for public consumption.

    They claimed that the products were genuine engine oil and sold them to unsuspecting motorists.

    SON said the engine oil did not comply with mandatory industrial standards, an offence that violated Section 26 of the SON Act 2015.

    The prosecution said the defendants, on the same day and place, “did indulge in dealing in and offering for sale adulterated/substandard engine oil.”

    The defendants were accused of dealing in 128 drums and 9.45 litres of substandard engine oil, which they claimed to be of high quality and for optimum engine performance.

    In count four, they were alleged to have “failed to comply with SON’s Conformity Assessment Programme” by dealing in adulterated engine oil that did not have the requisite certification.

    They were charged with four counts of production, possession, dealing in and distribution of substandard engine oil.

    The defendants pleaded not guilty.

    After their arraignment, the prosecutor, Mr. J. A. Olofindare, from the Federal Ministry of Justice, urged the court for a trial date and for the prosecution to produce its witnesses to establish its case against the defendants.

    Defence counsel Mr. S. U. Nweze informed the court of a bail application filed on behalf of the defendants.

    Moving the application, he urged the court to grant them bail on liberal terms.

    Justice Oguntoyinbo adjourned till March 19 for ruling on the bail application.

    “They’re hereby remanded in prison pending determination of the bail application,” she ruled.

    She fixed May 2, 7 and 9 for trial.

     

  • Man convicted of fraud by EFCC gets four months jail term

    Justice P. I. Ajoko, of the Federal High Court, Ibadan, has sentenced Ogundiran Tosin Iyanu to four-month imprisonment.

    Ogundiran was found guilty of a one-count charge of obtaining money by false pretence preferred against him by the Economic and Financial Crimes Commission (EFCC), Ibadan Zonal Office, and sentenced yesterday.

    The convict, who earlier pleaded not guilty on December 16, 2018, later changed his plea to guilty.

    His latest plea led to an amendment of the charge and re-arraignment on March 5, on a one-count charge of obtaining money by false pretence contrary to Section 419 of the Criminal Code Act.

    Read also: EFCC: Akingbola used Intercontinental Bank’s N10b to clear personal debt

    The charge sheet reads: “That you Ogundiran Tosin Iyanu and Ayomide Balogun (at large) on or about April 5, 2018 at Ibadan within the jurisdiction of this court with intent to defraud, obtained N282,500 only from Adeyemi Adejumo, which pretence you knew to be false and thereby committed an offence punishable under Section 419 of the Criminal Code Act, Cap C38 Laws of Nigeria, 2004.”

    After considering the merit of the charge and the evidence as presented by the prosecution counsel, Sanusi Galadanchi, the judge, convicted and sentenced the defendant to four-month imprisonment with effect from the date of his arraignment.

     

     

  • Produce NBC boss over alleged fraud, Court orders counsel

    The Federal High Court, Abuja, on Tuesday, ordered Mr. Abdullahi Mustapha (SAN), to produce the Director-General of the National Broadcasting Commission, Kawu Modibbo, in court on the next adjourned date of April 17 to take his plea.

    Justice Folashade Ogunbanjo-Giwa gave the order, following the absence of Modibbo in court to answer to fraud charges levelled against him by the Independent Corrupt Practices and other related offences Commission (ICPC).

    When the matter was called, Mustapha told the court that Modibbo was not present in court based on health grounds.

    “My lord, let me apologise for the absence of Modibbo in court. He is on admission. He had a major surgery 10 years ago, and is ill.

    “I have a medical report from the University of Ilorin Teaching Hospital to confirm that he is currently ill, and I shall be filing it before the court registry,” he said.

    He prayed the court for an adjournment based on the health of his client and pending when he (Modibbo) will be well enough to stand trial.

    Read Also: NBC unveils plans to boost production

    The prosecuting counsel, Mr. Henry Emore did not oppose the oral application for an adjournment.

    Emore, however, said it should be on record that they had taken one adjournment out of 5, as stipulated by the Administration of Criminal Justice Act (ACJA) 2015 in criminal cases.

    Mr. Alex Izinyon, (SAN), who announced appearance for the 2nd and 3rd defendants also did not oppose the application for an adjournment.

    Izinyon said his not opposing was based on the fact that only the living could praise God; and only the living could face trial.

    He, however, drew the attention of the court to the fact that the statement of Emore on adjournment was not applicable to the other defendants and the court affirmed.

    Justice Ogunbanjo-Giwa said she would not bend over backwards again to grant an adjournment exceeding two weeks based on the provision of Section 396 of ACJA.

    She also directed the prosecuting counsel to verify the authenticity of the medical report filed by Modibbo’s counsel and file a report on it to the court.

    She adjourned the matter until April 17 for the defendants to take their plea, and May 2, 3, 8 and 9 for commencement of trial.

    Modibbo, Lucky Omoluwa, founder of Pinnacle Communications Ltd (third defendant); Dipo Onifade (2nd defendant) and Pinnacle Communications Ltd (4th defendant) are facing trial over allegations of fraud in the digital switch over project of the Federal Government.

    The News Agency of Nigeria, (NAN) reports that all the other defendants were present in court.

    NAN

  • Supreme Court upholds FG’s seizure of ex-First Lady Patience Jonathan’s  $8.4m

    The Supreme Court has upheld the order of temporary forfeiture made by a Federal High Court in Lagos in respect of the $8.4million traced by the Economic and Financial Crimes Commission (EFCC) to former First Lady, Mrs. Patience Jonathan.

    In a judgment yesterday, a five-man panel of the court unanimously held that the appeal filed by Mrs. Jonathan, challenging the interim forfeiture, was without merit.

    In the lead judgment authored by Justice Kumai Akaahs, but read yesterday by Justice Ejembi Eko, the court said the Federal High Court was right to have ordered the temporary forfeiture of the money in view of the motion ex-parte filed by the Economic and Financial Crimes Commission (EFCC).

    The apex court upheld an earlied judgment of the Court of Appeal, Lagos, which equally upheld the temporary forfeiture.

    The Supreme Court ordered Mrs.Jonathan to go before the Federal High Court in Lagos to show cause, as earlier directed by the trial court, why the order for permanent forfeiture of the money to the Federal Government should not be made.

    Justices Musa Muhammad, John Okoro, Paul Galumje and Sidi Bage, who were members of the panel, agreed with the lead judgment.

    The EFCC had, in 2018 went before the Federal High Court in Lagos with an ex-parte motion, brought under Section 17 of the Advanced Fee Fraud Act (AFFA) and prayed for interim forfeiture of $8,435,788.84 and other sums in various bank accounts linked to Mrs. Jonathan which it claimed were suspected proceeds of unlawful activities.

    In a ruling on April 20, 2018, Justice Mojisola Olatoregun granted the ex-parte motion and ordered the EFCC to publish the court’s order in any major national newspaper to enable the respondents or anyone interested in the funds to appear before the court to show cause within 14 days why the final order of forfeiture of the said funds should not be made in favour of the Federal Government of Nigeria.

    Mrs. Jonathan subsequently went before the Court of Appeal, Lagos, to challenge the competence of the ex parte motion, the validity of the order made by the Federal High Court and the constitutionality of Section 17 of AFFA, under which the motion was filed.

    The Court of Appeal dismissed the appeal by Mrs. Jonathan for, among others, lacking in merit, a decision the ex-First Lady challenged at the Supreme Court.

    Lawyer to Mrs. Jonathan, Ifedayo Adedipe (SAN) had, while arguing the appeal, urged the Supreme Court to void Section 17 of AFFA, which he argued, violated the principles of fair hearing and presumption of innocence enshrined in the constitution.

    Adedipe equally argued that the ex parte motion, which the trial court granted, failed to disclose the alleged “unlawful activities,” the funds were said to have been derived from.

  • Supreme Court upholds FG’s seizure of Patience Jonathan’s $8.4m

    The Supreme Court has upheld the order of temporary forfeiture by a Federal High Court in Lagos in respect of the $8.4million traced by the Economic and Financial Crimes Commission (EFCC) to former First Lady, Mrs. Patience Jonathan.

    In a judgment on Friday, a five-man panel of the court unanimously held the appeal filed by Mrs. Jonathan, challenging the interim forfeiture, was without merit.

    In the lead judgment authored by Justice Kumai Akaahs but read by Justice Ejembi Eko, the court said the Federal High Court was right to have ordered the temporary forfeiture of the money in view of the motion ex-parte filed by the Economic and Financial Crimes Commission (EFCC).

    The apex court upheld an earlier judgment of the Court of Appeal, Lagos which equally upheld the temporary forfeiture.

    The Supreme Court ordered Mrs. Jonathan to go before the Federal High Court in Lagos to show cause, as earlier directed by the trial court, why the order for permanent forfeiture fo the money to the Federal Government should not be made.

    Justices Musa Muhammad, John Okoro, Paul Galumje and Sidi Bage, who were members of the panel, agreed with the lead judgment.

    The EFCC had, in 2018 went before the Federal High Court in Lagos with an ex-parte motion, brought under Section 17 of the Advanced Fee Fraud Act (AFFA) and prayed for interim forfeiture of $8,435,788.84 and other sums in various bank accounts linked to Mrs. Jonathan, which it claimed were suspected proceeds of unlawful activities.

    Read Also: Ex-Air chief got N6b from NAF funds, court told

    In a ruling on April 20, 2018, Justice Mojisola Olatoregun granted the ex-parte motion and ordered the EFCC to publish the court’s order in any major national newspaper to enable the respondents or anyone interested in the funds to appear before the court to show cause within 14 days why the final order of forfeiture of the said funds should not be made in favour of the Federal Government of Nigeria.

    Mrs. Jonathan subsequently went before the Court of Appeal, Lagos to challenge the competence of the ex parte motion, the validity of the order made by the Federal High Court and the constitutionality of Section 17 of AFFA, under which the motion was filed.

    The Court of Appeal dismissed the appeal by Mrs. Jonathan for among others, lacking in merit, a decision the ex-First Lady challenged at the Supreme Court.

    Lawyer to Mrs. Jonathan, Ifedayo Adedipe (SAN) had, while arguing the appeal, urged the Supreme Court to void Section 17 of AFFA, which he argued, violated the principles of fair hearing and presumption of innocence enshrined in the Constitution.

    Adedipe equally argued that the ex parte motion, which the trial court granted, failed to disclose the alleged “unlawful activities,” the funds were said to have been derived from.

  • Ex-Air chief got N6b from NAF funds, court told

    The Federal High Court in Lagos yesterday heard that former Nigeria Air Force (NAF) Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun, admitted to have received N6billion from NAF for his personal benefit.

    The Economic and Financial Crimes Commission (EFCC) arraigned him along with former Chief of Air Staff Air Marshal Adesola Amosu and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

    EFCC said the three, on or about March 5, 2014 in Lagos, conspired to convert N21,467,634,707.43, property of NAF, which sum they reasonably ought to have known forms part of proceeds of unlawful activities to wit: criminal breach of trust.

    An EFCC investigator, Tosin Owobo, led in evidence by the prosecuting counsel Rotimi Oyedepo, told the court that Adigun made a statement at EFCC, which was tendered in court.

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    He said the second defendant disclosed in his statement that he incorporated Delfina Oil and Gas, Hebron Housing Limited, Mcallam Oil and Gas, Trapezites BDC Limited.

    Owobo added: “He said he is the sole signatory to the accounts of the companies.

    “He said the names of the directors are all pseudonyms and not names of any member of his family.

    “In his statement, he wrote that out of about N16.9billion inflow from the Nigeria Air Force related accounts into his companies, he only benefited about N6billion

    “He said the chief of Air Staff and others would account for theirs.

    “He also stated that the whole money was not shared, as some jobs were executed.

    “He further wrote in his statement that he would be willing to let go of properties worth the sums of money he benefited.”

    When asked to state how he came about Trapezites Bureau de Change Limited and his findings, the witness said upon analysis of Trapezites’ statement of accounts, it was discovered that about N3.6billion was received from various NAF accounts.

    They are  NAF Jet A1 Training account, NAF Air Men Subsidy account, NAF Special Emergency Operations account, HQ NAF Camp Operations account, UCA NAF 37 Operations account and 106 NAF Camp Training account.

    The defendants were alleged to have made several transfers amounting to N21billion to different companies charged with them.

    The companies are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Lebol Oil and Gas Ltd, Trapezites Bureau De Change, Hebron Housing and Properties Company Ltd, Deegee Oil and Gas Ltd and Timsegg Investment Ltd.

    The defendants pleaded not guilty to the alleged offence which EFCC said contravened Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3).

    Justice Chukwujekwu Aneke adjourned until April 15 and 16 for continuation of trial.

     

  • Ex-air chief ‘received’ N6b from NAF funds, says EFCC investigator

    The Federal High Court in Lagos Thursday heard how former Nigeria Air Force (NAF) Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun admitted to have received N6billion from NAF for his personal benefit.

    The Economic and Financial Crimes Commission (EFCC) arraigned him along with former Chief of Air Staff Air Marshal Adesola Amosu and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

    EFCC said the three, on or about March 5, 2014 in Lagos, conspired to convert N21,467,634,707.43, property of NAF, which sum they reasonably ought to have known forms part of proceeds of unlawful activities to wit: criminal breach of trust.

    An EFCC investigator, Tosin Owobo, led in evidence by the prosecuting counsel Rotimi Oyedepo, told the court that Adigun made a statement at EFCC, which was tendered in court.

    He said the second defendant disclosed in his statement that he incorporated Delfina Oil and Gas, Hebron Housing Limited, Mcallam Oil and Gas, Trapezites BDC Limited.

    Owobo added: “He said he is the sole signatory to the accounts of the companies.

    “He said the names of the directors are all pseudonyms and not names of any member of his family.

    “In his statement, he wrote that out of about N16.9billion inflow from the Nigeria Air Force related accounts into his companies, he only benefited about N6billion

    “He said the chief of Air Staff and others would account for theirs.

    “He also stated that the whole money was not shared, as some jobs were executed.

    “He further wrote in his statement that he would be willing to let go of properties worth the sums of money he benefited.”

    Read Also: NAF recruitment now March 16 to 30

    When asked to state how he came about Trapezites Bureau de Change Limited and his findings, the witness said upon analysis of Trapezites’ statement of accounts, it was discovered that about N3.6billion was received from various NAF accounts.

    They are NAF Jet A1 Training account, NAF Air Men Subsidy account, NAF Special Emergency Operations account, HQ NAF Camp Operations account, UCA NAF 37 Operations account and 106 NAF Camp Training account.

    The defendants were alleged to have made several transfers amounting to N21billion to different companies charged with them.

    The companies are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Lebol Oil and Gas Ltd, Trapezites Bureau De Change, Hebron Housing and Properties Company Ltd, Deegee Oil and Gas Ltd and Timsegg Investment Ltd.

    The defendants pleaded not guilty to the alleged offence which EFCC said contravened Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3).

    Justice Chukwujekwu Aneke adjourned until April 15 and 16 for continuation of trial.

  • High Court judge refuses to quit ex-FCT Minister Akinjide’s trial

    Justice Muslim Hassan of the Federal High Court in Lagos yesterday refused to recuse himself from the trial of former Minister of the Federal Capital Territory Ms. Jumoke Akinjide for alleged money laundering.

    The Economic and Financial Crimes Commission (EFCC) arraigned her with a People’s Democratic Party (PDP) leader in Oyo State Chief Olarenwaju Otiti and a former Senator representing Oyo Central Senatorial District Ayo Adeseun.

    Former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke, said to be at large, is also named in the charge.

    Otiti and Adeseun had on February 6 prayed the judge to recuse himself from the case.

    They accused him of bias, claiming that as a former head of EFCC’s legal unit, they did not believe they would get justice in his court.

    Justice Hassan headed the EFCC’s legal unit before he was appointed a judge.

    The applications were filed after trial had begun, during which a trial-within-trial was also held.

    But, Justice Hassan dismissed the applications, describing them as “cheap blackmail”.

    He held: “As rightly submitted by the prosecution, at the time the defendants were investigated and subsequently charged before the Federal High Court in Ibadan, the trial judge had been appointed a judge already.

    “I agree with learned counsel for the prosecution that judges of superior courts of record swear to oath of allegiance to be just and fair, and cannot be disqualified from presiding over cases by mere allegations that the judge once worked in an organisation.

    “Learned counsel to the third defendant had filed a similar application for the transfer of the case to Ibadan.

    “On 12 December 2018, the court dismissed the application, only for counsel to turn around and raise allegations of bias.

    “These applications are meant to harass, intimidate and blackmail the court; the court will not succumb to cheap blackmail.

    “Both applications are liable to be dismissed and they are accordingly dismissed. I make no order as to cost,” the judge held.

    The defendants were re-arraigned last January 16 on the amended charge.

    EFCC accused them of conspiring to directly take possession of N650million from Mrs. Alison-Madueke, which they reasonably ought to have known was part of proceeds of an unlawful act, and without going through a financial institution. The alleged offence, EFCC said, contravenes the Money Laundering Act.

    Justice Hassan adjourned until April 18 for continuation of trial

  • N3.97billion fraud: Court convicts Badeh’s firm

    •Loses $1m, Abuja properties •Ends ex-CGS’ trial •Court winds up firm

    The Federal High Court in Abuja yesterday convicted a firm linked with the late Chief of General Staff (CGS), Air Marshall Alex Badeh – Iyalikam Nigeria Limited – and ordered it be immediately wound-up.

    Justice Okon Abang, in a judgment on Monday, after the firm changed its earlier plea of not guilty to guilty, convicted it on the amended 10-count charge of money laundering.

    Justice Abang ordered the forfeiture of $1million and properties located in Abuja and linked with Iyalikam.

    The guilty plea by the firm was part of the plea bargain agreement reached between the Economic and Financial Crimes Commission and the defence.

    Properties traced to Badeh and Iyalikam which Justice Abang ordered their final forfeiture to the Federal Government were listed in the plea bargain agreement which the EFCC reached with the defence and filed before the court on Monday.

    The assets are:

    • A mansion at No. 6, Ogun River Street, Off Danube Street, Maitama, Abuja;
    • A shopping mall at Plot 1386, Oda Crescent, Cadastral Zone A07, Wuse II, Abuja;
    • A duplex at No. 19, Kumasi Crescent, Wuse II, Abuja;
    • A duplex situate at No. 14, Adzope Crescent, Off Kumasi Crescent, Wuse II, Abuja;
    • A semi-detached duplex situate at No. 8A, Embu Street, by Sigma Apartment Wuse II, Abuja and
    • The sum of $1,000,000.00 only recovered from No. 6, Ogun River Street, Off Danube Street, Maitama, Abuja.

    Based on the plea bargain agreement, the court also ordered that upon conviction, defendant should be wound up “and any other property or account in the name of the defendant shall be forfeited to the Federal Government of Nigeria”.

    EFCC was, until Badeh’s death, prosecuting him alongside Iyalikam Nigeria Limited on 14 counts of money laundering bordering on alleged fraudulent removal of about N3.97billion from the Nigerian Air Force’s account.

    Badeh and the company had jointly pleaded not guilty to the charges in 2016, prompting the prosecution to open its case which it later closed last year after calling 22 prosecution witnesses.

    Badeh was scheduled to open his defence on  January 16 this year, but before the hearing date, gunmen killed him on Abuja-Keffi Expressway on December 18, last year.

    At the January 16 hearing, the first which came up after Badeh’s death, the deceased’s lawyer, Chief Akin Olujinmi (SAN), and Iyalikam’s, Mr. Samuel Zibiri (SAN), pleaded with the judge to adjourn till after the deceased’s burial.

    They added that the adjournment would afford them time to reach an agreement with the prosecution on how to proceed with the case.

    Badeh had since been buried.

    At the resumed hearing of case on February 26, the defence requested an adjournment of the matter to enable the company to open its case.

    Justice Abang had adjourned the matter till Monday.

    On Monday, the prosecuting counsel, Mr Oluwaleke Atolagbe, told the court that the prosecution and the defence had reached an agreement leading to the amendement of the charges to 10 counts and  which saw the removal of Badeh’s name as a defendant in the case.

    Atolagbe said: “We filed a further amended charge dated March 1 and filed March 4 and we also filed a plea bargain agreement with regards to provisions of the Administration of Criminal Justice Act.”

    Olujinmi, who represented Badeh and Mr. S.T Ologunorisa (SAN), who represented Iyalikam Nigeria Limited, on Monday, had contrary to Atolagbe’s position, argued that the charges needed not to be read because the company had no representative in court.

    But Atolagbe insisted that the absence of the company’s representative was not a genuine excuse for the company not to plead guilty in the open court.

    He added that the Administration of Criminal Justice Act, 2015, recgonised plea in a written form, an example of which, he said, was the plea bargain agreement already filed before the court.

    With the judge adopting Atolagbe’s view, the amended charges were read to the company and a plea of guilty was recorded for the company in respect of each of the 10 counts.

    Delivering judgment, which adopted the plea bargain agreement reached between the defence and the posecution,  Justice Abang convicted the company.

    He added, “I have before me a plea bargain agreement duly executed by Iyalikam Nigeria Limited and the EFCC.

    “I hereby find the defendant guilty and accordingly convict the defendant of the 10 counts further amended charge.

    “Having regards to the plea bargain agreement duly executed by the parties, Iyalikam Nigeria Limited is hereby wound up and the judgment shall be served on the Corporate Affairs Commission for necessary action.”

    Justice Abang also ordered that the various assets linked to the company in the charges be permanently forfeited to the Federal Government.

    The judge also ordered the termination of all proceedings against Badeh.

  • Court refers ANLCA dispute to arbitration

    A Federal High Court in Lagos has referred a dispute involving some members of the Registered Trustees of Association of Nigeria Licensed Customs Agents (ANLCA) to arbitration.

    Justice Saliu Saidu stayed proceedings in the case, pending the conclusion of arbitration by the parties in accordance with ANCLA constitution.

    The judge gave the directive on February 14, after discharging an earlier ex- parte order it granted on January 9, this year.

    This is contrary to report that the judge had vacated restraining order on the group’s election.

    The directive followed an application by first defence counsel O.A Yakubu and 2nd to 20th defendants’ counsel Dada Awosika, while the plaintiffs were represented by I. J. Olabode.

    Justice Saidu held: “If all the plaintiff is seeking for are just interpretation of ANCLA, then there will not be any need for an interim order of this court. I hereby discharge the ex-parte order dated January 19 2019 and by virtue of Section 5 of the Arbitration and Conciliation Act, I stay proceedings in this case, pending the arbitral proceedings by the parties herein in accordance with the constitution of ANCLA.”

    In the suit, marked, FHC/L/CS/05/2019, a faction of ANLCA in Lagos led by Batuns International Global Link and Mr Babatunde Adekoya were the plaintiffs.

    They sued the Registered Trustees of ANLCA and 19 others, praying the court for, among other reliefs, an order stopping the defendants from conducting elections into the different offices into the Lagos chapter of the association.

    Other defendants in the suit are: Mac-Tonnel Nigeria Limited, Mr. Tony I. Nwabunike, Wealthy Honey Investment Limited, Mr. Kayode Farinto, Mickey Excellence Nigeria Limited, Mikhaila Babatunde and 13 others.