The Nation Newspaper

Tag: High Court

  • Court refuses Dasuki’s request to merge charges

    Court refuses Dasuki’s request to merge charges

    A High Court of the Federal Capital Territory (FCT) in Maitama Thursday rejected a request by former National Security Adviser (NSA), Sambo Dasuki for a consolidation of two charges pending against him and others before the court.

    Ruling Thursday, Justice Hussein Baba-Yusuf said Dasuki did not substantiate his claim that he will suffer double geopardy should he be tried separately on both charges.

    “The allegation of double jeopardy was not substantiated because trial has not commenced in the other matter, so it is premature to consolidate the charges,” the judge said.

    Justice Baba-Yusuf also rejected Dasuki’s argument that the simultaneous prosecution of both cases amounted to an abuse of court process.

    He said the persons involved in both cases are not the same and the transactions on the two charges were not carried out on the same date.

    Dasuki’s lawyer, Ahmed Raji (SAN) had, while arguing the application on March 2 this year, urged the court to consolidate consolidate the two charges marked: CR/42/2015: FRN VS Col. Sambo Dasuki (rtd) & 4 others and CR/43/2015: FRN VS Bashir Yuguda, Sabo Dasuki & 4 others.

    Raji said the application was brought pursuant to Sections 211, 212 and 213 of the Administration of Criminal Justice Act (ACJA) 2015.

    He said the application was intended to avoid the abuse of court processes and prevented his client from suffering double jeopardy.

    Prosecuting lawyer, Rotimi Jacobs (SAN) opposed the application and said it was unfortunate that Dasuki chose to file the application.

    Jacobs, who described the application as an abuse of court’s process, noted that Dasuki filed a similar application dated May 21, 2016 which he was yet to withdraw.

    He noted that parties had agreed to have the two cases tried before the same judge, which necessitated a letter from Dasuki’s other lawyer, Joseph Daudu to the Chief Judge of the High Court of the FCT, advising that the two cases be handled by a judge in the interest of speedy dispensation of justice.

    Jacobs, who described the application as a ploy to frustrate the trial urged the court to dismiss it.

    Justice Baba Yusuf, after his ruling yesterday, adjourned to today for trial.

    Dasuki is, in the first charge of 22 counts, named with a former governor of Sokoto State, Attahiru Bafarawa, his son, Sagir Bafarawa, a former Director of Finance and Administration in the office of the NSA, Shuaibu Salisu, a former Minister of State for Finance, Bashir Yuguda an  Sagir’s firm – Dalhatu Investment as defendants.

    They are charged, among others, with diverting about N13bn said to have been meant for the purchase of arms.

    In the second charge of 19 counts, Dasuki, Salisu, and Aminu Baba-Kusa and Baba-Kusa’s two firms – Acacia Holdings Ltd and Reliance Referral Hospital Limited – are accused of diverting N32bn meant for purchase of arms.

    The two cases are now before Justice Baba- Yusuf.

     

  • Lagos gets 3 new judges

    Three new Lagos State judges are to be sworn in on March 8, an official announced in Lagos on Monday.

    The newly appointed judges are Mr Emmanuel Ogundare, the Chief Registrar of the State High Court, Miss Sherifat Solebo, the Deputy Chief Registrar, Special Duties,  also of the State High Court and Mrs Idowu Alakija, the State Director of Public Prosecutions (DPP).

    The News Agency of Nigeria (NAN) reports that the state boasts of 57 judges and 98 magistrates.

    Mrs Grace Alo, Assistant Director, Public Affairs of the State High Court, said in a statement that the appointments of the three judges had been approved by the National Judicial Council (NJC) on the recommendation of the State Judicial Service Commission chaired by the Chief Judge, Justice Oluwafunmilayo Atilade.

    Gov. Akinwunmi Ambode is expected to preside at the occasion scheduled for the Banquet Hall of the Governor’s Office, Ikeja. (NAN)

  • Housewife, arraigned for killing husband over ‘Baba Ijebu’ lottery

    A 29-year-old housewife, Onyinyechi Akunne, who allegedly killed her 35-year-old husband, Abuchi Akunne, with a kitchen knife over a lottery ticket of Premier Lotto Ltd also known as “Baba Ijebu”,was on Monday brought before an Ikeja High Court.

    Onyinyechi is facing a charge of murder which contravenes Section 221 of the Criminal Law of Lagos State 2011.

    She, however, denied the charge.

    The State Prosecutor, Mrs C.K Tuiyi-Carena, told the court that the accused allegedly committed the offence on March 28, 2015 at her residence located at No. 85, Idimu Road, Ejigbo, a surbub of Lagos.

    “On the day of the alleged murder, Onyinyechi was preparing a meal while Abuchi was sitting on a chair in their home looking at his ‘Baba Ijebu’ lottery tickets.

    “Angered by her husband’s action, Onyinyechi scolded him for his love for gambling and a fight ensued between them.

    “She took the kitchen knife she was using to cut vegetables and stabbed her husband fatally in the chest.

    “The stabbing inflicted a deep cut in Abuchi’s chest which led to excessive blood loss and his eventual death.

    “The victim died before he could be taken to hospital by Onyinyechi and concerned neighbours,” she said.

    The News Agency of Nigeria (NAN) reports that accused was pregnant when the offence was committed.

    She, however, gave birth to a baby girl while in custody at the Kirikiri Female Prisons.

    Onyinyechi was in court on Monday with the baby.

    Counsel to the accused, Mr Q.U. Ogudu, told the court that the accused had opted for a plea bargain.

    “My Lord, we have applied for a plea bargain agreement which the state is not objecting to.”

    The prosecutor also confirmed to the court that the parties were working towards the plea bargain.

    Justice Josephine Oyefeso adjourned the case to April 6 for a report on the plea bargain agreement.

  • We found $1m in Badeh’s wardrobe — witness

    We found $1m in Badeh’s wardrobe — witness

    A Prosecution witness in the ongoing trial of ex- Chief of Defence Staff, Alex Badeh on Tuesday told the Federal High Court, Abuja that his team recovered one million dollar cash from Badeh’s house.

    Mr Goji Mohammed, the 15th witness to testify in Badeh’s trial, said he was part of the EFCC team, led by Mr Isyaku Sharu, that conducted the search in Badeh’s house in Asokoro, Abuja.

    The News Agency of Nigeria (NAN) reports that the ex-Chief of Defence Staff is standing trial on money laundering offence he allegedly committed while serving as Chief of Air Staff.

    The witness also said the team recovered some bank documents, land documents, tax documents and few other instruments.

    Mohammed further said the commission received intelligence report on another property located at No. 6 Ogun River Street Maitama, which was  found to be Badeh’s property.

    He said they  accessed the building through the balcony by climbing, adding that they invited the security man of the neigbouring house to witness the search.

    “When we climbed in, we were in the living area upstairs so we used the stairs and went to the living area downstairs and started our search from there.

    “ When we got to the biggest room in the house, we saw a wardrobe, on opening it, we saw a bag and on opening it contained foreign currency.

    “We saw 16 bundles of 50 US dollars notes and two sealed bundles containing 100,000 US dollars which we estimated to amount one million US dollars.

    “On further counting the money in our office we discovered it was exactly one million dollars,’’ he said.

    He said they also found a red box which he could not precisely remember what was inside, adding that they also found two way bills of furniture supplied to the building.

    When the prosecution sought to tender the search warrant, the red box and the way bill as evidence, the move was objected to by the defence team.

    Mr Lasun Sanusi (SAN), counsel for the defendant objected to the admissibility of the items, saying they were purportedly obtained from an illegal search.

    Sanusi cited Section 115 of Administration of Criminal Justice Act (ACJA) 2015, which states that the occupant of a place searched or a relation shall be at the house and see the items seized.

    He said no provisions of law permitted state security agents to conduct search by looking for strangers on the street to witness it.

    Sanusi said the law gave the owner of the property the impetus to nominate a representative to witness such search if he or she could not be present.

    “My Lord, the witness had earlier confirmed that when they were to conduct search on the defendant’s house at Asokoro, they took him along to witness the search, why was this other one different.

    “It is on record that the defendant was still in detention when the purported search was done in his house at Maitama which is a clear violation of the law.

    “My Lord, we are not against the court admitting the search warrant as evidence but we vehemently oppose to the admissibility of the other items,’’ he said.

    On his part, the Prosecution Counsel, Mr Rotimi Jacobs (SAN), argued that Section 149 and 150 of ACJA which deals with house search warrant permitted the presence of two witnesses.

    “This permission covers the person to whom the warrant is addressed and a neighbour within the neighbourhood the property is located,’’ he said.

    According to him, the provision allows the person to whom warrant is addressed to look for a witness in the neighbourhood.

    He, therefore, argued that no provision of the law compelled the property owner to be present before a search warrant can be executed.

    Justice Okon Abang, however, adjourned the matter till Feb. 22 for continuation.(NAN)

  • Armed robbery: Court sentences man to death by hanging

    An Abeokuta, High Court on Monday sentenced Gabriel Joseph to death by hanging for armed robbery.

    Joseph, whose address was not given, was found guilty of a two-count charge of conspiracy and armed robbery.

    In her judgment, Justice Olatokunbo Majekodumi, said the convict was found guilty of the offences.

    “Having found that the accused person is guilty as charged on both counts, you shall be hung by the neck until you are dead,’’ she said.

    The judge said that the offences committed contravened Section 6(b) and was punishable under Section1(2)( a) of the Robbery and Firearms (special provisions)Act, Cap Rll Law of the Federation of Nigeria 2004.

    The News Agency of Nigeria (NAN) reports that the convict, who had been standing trial since December 2013, had pleaded not guilty to the charges.

    He was arrested and charged for robbing one Damilola Alade of his Toyota Camry car with registration number SL 937 AAA, one iPad, a blackberry phone and other valuables, at gun point.

    The Prosecutor, Mrs Bolarinwa Adebowale, had told the court that the convict committed the offence. at no 4JB, Awo-osejo Street, Arowofela, Magoboro, Abeokuta .

    According to Adebowale , the convict and three others robbed the complainant and his family in front of his house after arriving from a trip.

    “When Alade was about to enter his compound, the accused and three others came down from a motorcycle, accosted him and pointed a gun at his head and ordered him to surrender the money in his possession.

    “The complainant answered that there was no money on him, the accused then asked them to come down from the car, tore the driver’s cloth and used it to tie Alade, his wife, driver and their three-year old child.

    “When Alade saw how desperate they were, he told them he had no money but an IPad phone and blackberry phone inside the car.

    “The accused and his gang entered inside Alade’s car and drove off,’’ the prosecutor said.

    Adebowale said that in the course of investigation a female policewoman pretended to be friendly and sent an invitation to the stolen blackberry.

    “The user of the phone, who is a student responded and said one Niyi, who is a friend of the accused sold the blackberry to him,’’ she said.

    The prosecutor said that this led to the arrest of the accused at a beer parlour at Kara, Ibafo, Ogun State,’’ she said.

    During the trial the prosecutor said that all the proof tendered convince the court beyond reasonable doubt that the accused committed offences.

     

  • Fire guts CJ’ s chamber at Igbosere

    The High Court of Lagos state, Igbosere was thrown into pandemonium on Wednesday as fire ravaged the chambers of the Chief Judge, Justice Funmilayo Atilade.
    Witnesses said that the fire started few minutes after workers resumed for duties at 8.00 a.m.
    The fire was said to have been caused by a spark from one of the air-conditioning unit in the Chief judge’s chamber.

    The chamber of the  Chief Judge is on the top floor of the old building facing Catholic Mission Street, Lagos.
    The courtroom  is reserved for use of the Chief Judge whenever she is in the Lagos division of the court.

    It was gathered that the fire started when one of the cleaners switched on the faulty air-conditioner and left the courtroom.

    Another account has it that the fire was noticed by a security woman popularly called Alhaja who raised alarm.
    The security woman was said to have been hurriedly taken to the hospital as a result of the smoke she allegedly inhaled before the arrival of the firefighters.

    The building was saved from being razed down following the quick intervention of Lagos State Fire Service that prevented the fire from spreading to other courtrooms.
    However, it took the firefighter about one hour to put out the fire which was emitting heavy smoke from the court room.
    It was observed that the fire incidence disrupted judiciary activities as litigants were evacuated from the premises and the gates locked.
    But, some of the furniture and bookshelves in the CJ’s chamber were partly destroyed in the incident .
    An eyewitness, who spoke to our correspondent on condition of anonymity, said he was in the office when he was informed that there was a fire outbreak.
    According to the witness who is a court registrar, “the fire started from one of the air-conditioning unit in the CJ’s chamber. But, before anyone could get to know about it, it has gone out of control”.

  • Divorce saga: Emeka Ike takes case to court

    Divorce saga: Emeka Ike takes case to court

    A popular Nollywood actor, Emeka Ike has informed a Lagos Island Customary Court that he had filed an application before a High Court restraining the lower court from hearing the divorce suit filed by his estranged wife, Emma.

    Emma had sometime in 2015 approached the court to dissolve the 16 years union between her and the Nollywood actor on grounds of incessant battery.

    The allegation which the actor had vehemently denied, and begged the court not to separate them, saying “I still love my wife”.

    When the matter which was slated for judgment came up on Tuesday, Emeka’s lawyer, Mr Abdul Labi-Lawal informed the court that his client had filed a stay of proceedings before a High Court in Lagos.

    The application marked FCMP/20054/16 had Emma and the Customary Court President, Mr Awos Awosola as the first and second defendants respectively.

    The application sought the High Court’s declaration that the Lagos Island Customary Court lacked requisite jurisdiction to entertain and determine the Ike’s divorce suit.

    The application noted that the marriage between the estranged couple was conducted in Enugu State under the Igbo customs and traditions.

    Emeka also urged the High Court to declare that all the proceedings already conducted by the Customary Court in respect of couple’s marriage be rendered null and void.

    The Nollywood actor also applied for a perpetual injunction restraining the Customary Court’s President, Awosola, and any other person appointed in the capacity of entertaining and or continuing the proceedings in respect of the couple’s divorce suit.

    Labi-lawal, therefore, urged the court to stay proceedings on the suit pending the hearing and determination of the suit at the High Court.

    Opposing the application, Emma’s lawyer, Mr Iheanyi Awa urged the court to discontinue the stay of application and deliver judgment.

    Awa, who said Emeka’s application was aimed at arresting the court’s judgment, informed the court that neither his client nor himself had been served with the application.

    “It is an attempt to arrest the judgment of the court, I am aware that the respondent wants to arrest the judgment which is to be delivered today.

    “The stay of proceedings has been decided for a long time and court has ruled that it has jurisdiction to entertain the matter.

    “It is a ploy to frustrate my client, they just want to delay the judgment till another day.

    “The court should give its judgment and if they are not satisfied, they can appeal,” he said.

    After listening to the submissions of both parties, the court said; “In view of the submission of the respondent, the stay of proceedings is hereby granted, and the matter is hereby adjourned sine die.”

  • High court judges proceed on longjudges

    The  court rooms will not be open for adjudication of cases today in the Federal High Courts nationwide, as judges proceed on their annual long vacation.

    While judges in the Federal High Court commenced their long vacation today till September 9,  those in the High Court of Lagos State will commence theirs next Monday, July 18 till September 13.

    The vacation was approved for the Federal High Court judges by the Chief Justice of the court,  Justice Ibrahim Auta. His Lagos State counterpart,  Justice Olufunmilayo Atilade, approved vacation for the Lagos judges.

    However, while Justice Auta has approved a vacation judge to sit during the period of the vacation in each of  the  federal high courts nationwide , Justice Atilade approved  10 vacation judges to  hear urgent cases in Lagos State.

    In Ikeja Division of the High Court of Lagos State, Justice Oluwatoyin Ipaye will sit during the period of the vacation between  July 18 and July 29; Justice A.J. Bashua between August 1 to August 12; Justice M.A. Dada between August 15  and August 26; Justice M.O. Emeya between August 29 and September 13, 2016,while Justice K. O. Dawodu was appointed a substitute judge.

    In the Lagos Division, those appointed to sit for the corresponding period during the long vacation are Justice A.M. Lawal; Justice H.O. Oshodi; Justice Raliat Adebiyi; Justice F.J. Bankole-Oki while Justice  W. Animahun was appointed a substitute judge.

    A statement during the weekend by the Lagos Chief Judge, Justice Atilade stated that the long vacation was approved pursuant to Order 45 Rule 4(D) of the High Court of Lagos State (Civil Procedure) Rules 2012.

    The statement signed on her behalf by the Chief Registrar, Mr Emmanuel Ogundare further stated; “notwithstanding the long vacation, the criminal division of the high court of Lagos State may sit throughout  the period of the vacation. Where a judge of a criminal division is on vacation, a vacation judge may be assigned to deal with urgent pending criminal cases in court”.

  • Court acquits man accused of killing father

    Court acquits man accused of killing father

    A man accused of killing his father have been discharged and acquitted.

    Sunday Nworu, 29 was accused of killing his father with a hoe and was arrested in 2009, charged to court and remanded in Abakaliki federal prisons.

    But delivering its ruling Thursday, the high court sitting in Onueke, Ezza South local government area of Ebonyi state said the prosecution counsel was unable to prove the case against the accused and therefore discharged and acquitted him.

    The judgement was delivered by the Justice Destina Oko.

    Speaking to reporters shortly after the judgment, counsel to the accused person and a member of the state Legal Aid Counsel, Bar Nathaniel Sunday Nwokpoku.

    “Sunday Nworu was discharged and acquitted in a murder trial. He was accused of killing his father with a hoe. He was arrested in 2009 by the police and arraigned before an Abakaliki Magistrate court and remanded in Abakaliki federal prisons.

    “We came in because we discovered that he hadn’t a lawyer and took up the matter because ours is to represent indigent persons who had no lawyers.

    “After adopting our addresses from our office, after the close of evidence and that of the prosecution counsel from the state Ministry of Justice was discharged and acquitted by court.

    “The court said he did not commit any offence of killing anybody or his father in this case and was discharged and acquitted. I feel elated because if we had not followed up this matter, the accused person would have been convicted and he has no money or lawyer to defend himself on the matter.

    “A careful examination of the case file gave us the temerity to come up and defend the guy after going through the evidence and we are happy that the court gave positive judgment on the case.”

     

  • Alleged N1.16b fraud: Dariye opts for no-case submission

    Alleged N1.16b fraud: Dariye opts for no-case submission

    Former Plateau State governor and serving Senator, Joshua Dariye announced a change of plans Friday in his trial for alleged N1.16 fraud, opting to make a no-case submission as against conducting defence.

    Dariye is being prosecuted before Justice Adebukola Banjoko of the High Court of the Federal Capital Territory, (FCT) in Gudu, Abuja for allegedly diverting Plateau State’s ecological fund estimated at N1.16 billion while he was a governor in the state.

    On Wednesday, the prosecution closed its case after calling 10 witnesses, following which Dariye’s lawyer, Garba Pwul (SAN) informed the court about his client’s readiness to conduct his defence.

    Pwul said Dariye intended to call seven witnesses.

    When parties got to court yesterday, Pwul announced a change of plans. He said his client has chosen to make a no-case submission.

    A no-case submission is where a defendant in a criminal case makes a submission, arguing that that prosecution failed, by its evidence, to establish a prima facie case against him to warrant him to be required to enter defence.

    If the no-case submission succeeds, the defendant would be let off the case. But where it fails, the court will compel such a defendant to enter defence.

    Pwul said: “The matter is for opening of defence, however, I am constrained to start today, as I could not get the record of proceedings of PW1, PW4, PW5 and PW9. Besides, we intend to raise a no-case submission.”

    In view of the turn of event, prosecution lawyer, Rotimi Jacobs, (SAN) expressed concerns that it was a delay tactic being employed by the defence.

    “On the last adjourned date, the prosecution closed its case and the defendant counsel said he would open his defence today.

    “It is surprising that the same counsel is now coming with the intention to delay the proceedings by requesting for the record of proceeding just yesterday, and now coming with a no-case submission,” Jacobs said.

    Jacobs contended that the action of the defence, was “against the spirit of Section 396 of the Administration of Criminal Justice Act 2015”.

    Justice Banjoko, however adjourned to June 14, 2016 at 12 noon “for arguments on no-case submission by the defence”.