The Nation Newspaper

Tag: Gabriel Kolawale

  • Court orders Police to pay Peace corps N12.5m over detention of its officials

    Court orders Police to pay Peace corps N12.5m over detention of its officials

    The Federal High Court, Abuja, has ordered the Nigeria Police to pay N12.5 million to the Peace Corps of Nigeria as compensation for unlawful arrest and detention of its officials.

    The court also ordered the Police to unseal the headquarters of the corps in Abuja, which was sealed since Feb. 28, when Police invaded the premises during the official inauguration of the building.

    Justice Gabriel Kolawale gave the order on Thursday when he delivered judgment in a fundamental human rights suit instituted by the corps against the Police and five others.

    The judge held that the Police and the other security agents involved in the seal of the Peace Corps premises acted outside their statutory powers.

    Kolawale said that the Police and other security agents had statutory powers to make arrest and detain people, but that such powers must be exercised within the ambits of the law.

    He held that the Police failed to establish that the Peace Corps officials committed a crime before they arrested and detained them.

    The judge further said that the allegations by the Police and other respondents that the Peace Corps was engaging in military and paramilitary training was not sufficiently established before him to justify their unlawful action.

    According to the judge, the allegation of extortion of money and the alleged threat to national security made against the Peace Corps officials was not backed with any document from the victims.

    He also faulted the claim by the Police that it invaded the Peace Corps house based on intelligence report.

    He described the claim as amorphous as there was no evidence before the court to justify it.

    The judge held that the Peace Corps, as a lawfully registered organisation, was entitled to own movable and immovable property and that under no circumstance should any security agent deny the corps this right.

    He therefore ordered the Police to pay N12.5 million to the Peace Corps officials in order to appease them for the harassment and intimidation they suffered when they were unlawfully arrested and detained.

    He also ordered that the headquarters of the corps, sealed in the last nine months be unsealed.

    The judge further ordered that no attempt should be made by any of the respondents to frustrate officials of the Peace Corps from accessing the building to carry out their duties.

    The corps in March, instituted the suit against the Police, the Inspector-General of Police and the National Security Adviser.

    Other respondents in the suit were the Department of State Security Services and its Director-General and the Attorney-General of the Federation.

    The corps was asking the court for an order directing the respondents to pay N2 billion as compensation for its officials who were injured during the invasion of its premises.

    The compensation was also a remedy to the violation of their fundamental rights which the corps said was violated by their arrest and detention without a valid court order.

    NAN

  • Oronsaye: Court dismisses claim of obtaining statement under duress

    Oronsaye: Court dismisses claim of obtaining statement under duress

    The Federal High Court, Abuja, has admitted as evidence the statements made by the second defendant, Osarenkhoe Afe, in the ongoing trial of former Head of Civil Service of the Federation, Stephen Oronsaye.

    Justice Gabriel Kolawale, admitted the statements at the conclusion of proceedings of a trial-within-trial, which he ordered.

    The trial-within-trial was ordered to ascertain the veracity of the claims by Afe that the statements he made to the EFCC were obtained under duress.

    Kolawale in his ruling said that more justice would be done by admitting the statements in evidence, adding that they were duly made and not involuntarily made under duress.

    “Based on my assessment of the events of Feb. 24 2011 and March 2011, the second defendant was in a good frame of mind when he wrote the two statements.”

    Kolawale wondered why Afe took no action against the EFCC when he was refused legal representation by its officials as he claimed.

    “I would have thought that he would request to see a senior officer, as a situation like this would have created a chain of facts.

    “Again when he was released on bail, he would have instructed his counsel to write a letter of protest to the Chairman of the EFCC that extra judicial statements were obtained from him by arm twisting tactics of his officers.”

    Kolawale, however, held that in the course of the trial, if additional facts emerged to prove that the statements were obtained under duress, the court had jurisdiction to expunge the statements from its records.

    He adjourned the matter until Oct. 12 for continuation of the substantive matter.

    Kolawale had ordered a trial-within-trial to ascertain the veracity of the claim by Afe that his statements were obtained by the EFCC under duress.

    When counsel adopted their addresses, Mr Oluwole Aladedoye, counsel to Afe, told the court that his client was abducted by EFCC officials.

    “I submit that the evidence before the court shows that there was no form of invitation to the second defendant by the EFCC, he was certainly abducted, no matter the nomenclature they choose to use.

    “No warrant of arrest was presented to the court and even the search warrant alluded to by the first prosecution witness was never presented to the court,” he said.

    Aladedoye also held that his client was denied his right to produce a legal representative of his choice, adding that there could be no greater form of oppression than this.

    He insisted that the statements made by his client to the EFCC were obtained under duress and prayed the court to discredit the statements since they were inadmissible.

    Counsel to the EFCC, Mr O.A. Atolagbe on his part, told the court that the two statements made by Afe had passed the admissibility test and prayed the court to admit them as evidence.

    On the allegation that Afe was abducted by the EFCC, Atolagbe held that the defendant testified that EFCC operatives came to his house and told him they were inviting him to their office.

    He added that the record of the court showed that the defendant said that he took his time to get dressed before following the EFCC officials.

    According to the counsel, the prosecution has established beyond reasonable doubt that the statements were made voluntarily and should be admitted in evidence.

    In another ruling, Kolawale granted an application by Oransaye for the release of his international passport to enable him travel abroad.

    He ordered that the passport should be released only after one of Oronsaye’s counsel, Mr Bart Ogar, file a personal undertaking that the defendant would return to face his trial.

    The News Agency of Nigeria (NAN), reports that Oronsaye is standing trial for money laundering, fraud and breach of trust.

    He is being tried with Afe and four companies – Fredrick Hamilton Global Services Limited, Cluster Logistic Limited, Kangolo Dynamic Cleaning Limited, and Drew Investment and Construction Company Limited.

  • Sokoto guber tussle: Court affirms Tambuwal’s election

    Sokoto guber tussle: Court affirms Tambuwal’s election

    The Federal High Court, Abuja, on Friday, affirmed the election of Aminu Tambuwal as governor of Sokoto State.

    The court dismissed the suit filed by Sen. Umar Dahiru, challenging the nomination of Tambuwal as the governor candidate of the All Progressives Congress (APC) in the April 2015 general elections.

    Justice Gabriel Kolawale dismissed the suit on the grounds that Dahiru failed to prove his claims that the APC primary elections in 2014, were conducted in violation of the party’s guidelines and constitution.

    “The plaintiff did not pin point in specific terms in what ways and manner the APC did not comply with its guidelines and constitution.

    Justice Kolawale had fixed June 23 to deliver judgment in the matter after listening to final arguments from counsel involved in the legal battle over the Sokoto State governorship seat.

    In his argument, counsel to Dahiru, Mr Roland Otaru ( SAN), urged the court to nullify and set aside the primary election that produced Tambuwal as candidate for the 2015 governorship election in the state.

    Otaru premised his arguments on the grounds that the constitution of the APC, the APC guidelines on the primary elections and the Electoral Act 2010 were “violently violated” in the conduct of the primary election.

    The counsel maintained that the primary election was conducted in breach of the relevant rules since verification and accreditation of delegates were not done in spite of the fact that they were mandatory.

    He urged the court to take a judicial notice of the list containing the names of the delegates who participated in the primary election and the report of the APC.

    The counsel said that there was no evidence of verification and accreditation in compliance with relevant laws.

    On his part, Mr Jubrin Okutepa (SAN), counsel to the APC, asked the court to dismiss Dahiru’s case on the grounds that his claims were inconsistent.

    Okutepa drew the court’s attention to the affidavit evidence of Dahiru prepared in 2015, where he admitted that accreditation of delegates was carried out.

    He said it was only in a further affidavit prepared in 2017, that he recanted his earlier position and said that accreditation was not carried out.

    According to him, a litigant must be consistent in his claim.

    He added that Dahiru failed to call delegates to give evidence that they were not accredited and that the court should as such presume that there was proper accreditation.

    “The case of the plaintiff is bereft of any evidential support to warrant any declaration to be made in his favor.”

    He urged the court to dismiss Dahiru’s case and uphold the nomination of Tambuwal.

    Mr Sunday Ameh (SAN), counsel to Tambuwal who aligned himself with the submission of Okutepa said it was too late for Dahiru who admitted that there was accreditation in 2015 to make a u-turn in 2017.

    According to Ameh, the period for primary election has expired in line with the 1999 Constitution, and as such, Dahiru’s case has become an academic exercise.

    The News Agency of Nigeria (NAN) reports that Dahiru instituted a suit against the APC, Tambuwal and INEC, praying for an order of the court to nullify and set aside the Sokoto State APC primary election of 2014.

    He premised his suit on the grounds that its conduct contravened the Electoral Act 2010, the APC guidelines on the primary elections and the party’s constitution.

  • N3.1bn fraud: Absence of second defendant stalls Suswam’s trial

    N3.1bn fraud: Absence of second defendant stalls Suswam’s trial

    The trial of former Benue governor, Mr Gabriel Suswam, was on Wednesday stalled at the Federal High Court, Abuja, due to absence of the second defendant, Omadachi Oklobia.

    Suswam and Oklobia are standing trial before Justice Ahmed Mohammed on allegations of fraud and money laundering.

    But, the court was informed that Oklobia could not be at Wednesday’s proceeding because he was in Kuje prison on a remand ordered on Monday by another high court in Abuja.

    Both defendants are also facing trial before Justice Gabriel Kolawale on a 32-count charge bordering on fraud.

    When they appeared before Kolawale on Monday, they were granted bail, but while Suswam perfected his bail conditions and had freedom, Oklobia has not been able to do so.

    “My client was remanded on Monday.

    “He was granted bail, but he has yet to perfect his bail conditions because one of the sureties we procured for him was rejected,” Oklobia’s counsel, Mr A.I Samson, told the court.

    Samson therefore prayed the court for an adjournment to enable the defence to perfect his client’s bail conditions so that he would be free to attend trial.

    The prosecuting counsel, Mr A.O Atolagbe, did not oppose the application for adjournment, but prayed the court to fix a day for the case before proceeding on vacation.

    The judge, however, adjourned the matter until Sept. 28 since there was no free date in the court’s calendar before the vacation.

    The News Agency of Nigeria (NAN) recalls that Suswam and Oklobia are being jointly tried in two separate matters before two judges in the Federal High Court.

    The matter before Justice Mohammed involves a nine-count charge bordering on laundering of about N3.1 billion, while the 32-count charge matter is before Justice Kolawale and involves fraud and diversion of funds.

  • Judge directs AGF to warn police against treating court with levity

    A Federal High Court in Abuja on Thursday directed the Attorney General of the Federation (AGF), Mr Abubakar Malami, to warn the police on the consequences of treating courts with levity.

    Justice Gabriel Kolawale who issued the directive said that police as an institution established by law must subject itself to constituted rules.

    Kolawole’s reaction followed the failure of the police to appear in a case of enforcement of fundamental human rights instituted against it and four others by the Incorporated Trustees of the Peace Corps of Nigeria.

    At the resumed hearing of the suit, the Inspector General of Police and the Nigerian Police Force, who are the major defendants in the court action, were not in court and gave no cogent reason.

    The AGF, the National Security Adviser, Department of State Services and its Director-General, who are the other defendants in the suit, were represented by Mr Terhemba Agbe.

    Mr Kanu Agabi, (SAN), Counsel to the Peace Corps and its National Commandant, had urged the court for an order restraining the police from further taking steps against the plaintiffs in the pending court action.

    Agabi had specifically pleaded with the judge to order the police to vacate the corporate headquarters of the Peace Corps in Abuja, which had been sealed off since Feb. 28.

    He also asked for an order of court to facilitate the release of the vehicles and other properties of the corps carted away by the police when the office was invaded.

    Agabi urged the court to allow hearing of the parties in the matter before giving any order.

    Justice Kolawale expressed displeasure over the absence of the police in court without justifiable reason.

    The judge said that the police who were the antagonist in the matter ought to have realised that a case for the enforcement of fundamental human rights ought to be treated with deserved urgency.

    “It is an affront to the court for a party in a pending court action to take any further step in such a manner that may affect the foundation of the case.

    “To take a further step in a pending court matter outside the court is nothing but self help and the consequence of such action is contempt of proceedings,’’ Kolawole said.

    According to him, it would not be in the interest of justice for any of the parties in the matter to resort to self help or impose a “fate accompli” on the court.

    Specifically, the judge said that his ruling should be served on the police through the office of the AGF to enable the police realise the consequences of treating the court with levity.

    He therefore, ordered the AGF and three other defendants to file processes within five days in response to the originating summons of the Peace Corps.

    The court adjourned hearing in the matter until May 15.