The Nation Newspaper

Tag: High Court

  • Jalingo High Court suspends probe of former acting governor

    A High Court sitting in Jalingo, Taraba State, has ordered the state government to immediately halt its plan to probe the tenure of the immediate past Acting Governor, Alhaji Garba Umar, pending the determination of the substantive suit brought before it on the issue. The ruling was sequel to an action brought before it by Umar against the Taraba State government’s recent decision to probe the administration of the former Acting Governor.

    The government had set up a 13-member Contracts and Policies Verification committee with Dr Phillip Duwe as chairman, for the purpose of probing the tenure of the former acting governor from its inception in October 2012 up to the time it left office last month.

    Following the setting up of the Committee, the former Acting Government went to court to seek an order restraining the committee from going ahead with the proposed probe pending the determination of the substantive suit.

    In a preliminary ruling on the matter, Justice F.B Andetur restrained the committee or security agents acting on its behalf or on behalf of its  chairman and secretary from inviting , summoning or compelling the former Acting Governor to appear before them or from carrying on with the terms of reference of the committee until the hearing and determination of the substantive application on the matter.

    Alhaji Umar became Acting Governor of Taraba State in October 2012 following a plane crash involving Governor Danbaba Suntai, the governor. He was in that position until November 21, 2014, when the Supreme Court invalidated the October 2012 impeachment of Suntai’s Deputy Alhaji Sanni Danladi, by the Taraba State House of Assembly, and ordered that he be sworn in as acting governor in place Umar.

  • Court adjourns trial of suspected police killers, pipeline vandals

    The Federal High Court in Lagos adjourned yesterday till October 9 the trial of 20 persons accused of killing nine policemen and vandalising pipelines at Arepo, Ogun State on May 24.

    Their trial was billed to begin yesterday after they were denied bail on Monday. Justice Okon Abang, on resumption of the matter yesterday, further adjourned it because his court was full.

    He denied the defendants bail on Monday because of the severity of the offence.

    The suspects, who were in court, were taken back to prison custody.

    Denying them bail on Monday, Justice Abang said: “On account of the severity of punishment if found guilty, it is my view that it is not safe to admit the accused persons to bail.

    “I have my doubt that if granted bail, the accused persons would appear in court and attend trial nothwithstanding their innocence until proven guilty.

    “I am not inclined to exercise my discretion in their favour by admitting them to bail,” the judge held.

    The 20 accused persons were arraigned on August 7 on 14-count charges bordering on conspiracy, pipeline vandalism, oil theft and unlawful killings.

    They pleaded not guilty to the offences.

    They are Felix Yayu, Ijoufaya, Yakubu Ebiwei, Augustine Ebiwei, Tamara Dembofa, Owei Atile, Agbara Tiewei, Rufus Godwin, Tiery Koiyetin and Ebis Sobijoh.

    Others are Ibori Lawrence, Eberebu Ibori, Atinuke Odewale, Fatai Ishola, Ahmed Bashorun, Odewale Waheed, Susan Viana,  Tuesday Filatei, Yeiyah Yellow and Ismail Abdullahi.

    The police alleged that they were behind the May 24 illegal oil bunkering operation at Arepo that led to the killing of the nine police officers.

    The diseased police officers are an Assistant Superintendent of Police (ASP) Abdullahi Bature; Inspectors Raymond Oriere, Usman Mohammed, Tijani Jimoh, Oguntihemen Kolawole; Corporals Elogbamen Timothy, Yakubu Aliyu, Usman Abdukarim and Dauda Mohammed.

    The alleged offences contravene sections 3(6), 4(a), 7 (a) (b), 17 (a) of the Miscellanous Offences Act Cap M17 and Section 319 of the Criminal Code, Laws of the Federation, 2004.

    In their applications, the accused persons through their lawyers had urged the court to admit them to bail on liberal terms.

    Some of them said they had been in the prison custody for between 60 and 90 days, adding that they were innocent of the allegations levelled against them.

    Others argued that they were randomly arrested at various locations different from the crime scene and that when the police searchedof their houses, nothing incriminating or linking them to the alleged crimes was found.

    But in its counter affidavit, the police urged the court not to grant the bail applications, saying it was not in the interest of justice.

    According to the prosecution, the accused persons were found in possession of items such as pump action guns, locally made rifles, military uniform, military camouflage and some petroleum products.

    The prosecution also argued that there was adequate medical facilities in the prisons custody enough to cater to the health needs of the accused who are currently remanded at the Ikoyi prisons.

  • Cynthia: Court admits video evidence

    Cynthia: Court admits video evidence

    A Lagos High Court, Igbosere, has admitted as exhibit a video recording of suspected killers of Cynthia Osokogu tendered by the state.

    Justice Olabisi Akinlade admitted the video in a ruling after the prosecution and defence teams made their submissions on point of law.

    Lagos Attorney General, Ade Ipaye, on Friday sought to tender the video evidence, but after opposition from lawyers to the first and second defendants on grounds that the video recording was not certified, withdrew same and prayed for an adjournment.

    At the resumed hearing on yesterday, Ipaye continued his evidence-in-chief with film editor and cinematographer, Emmanuel Peters who told the court how he made the video recording and certification.

    He said that he connected his Sony digital camera to a Panasonic DVD player with a DELL laptop computer which he used in producing the DVD containing the video after which he destroyed the copy on his camera.

    When shown the video, which played for a short while, the witness identified the DVD and its certification document which Ipaye urged the court to admit as exhibit.

    However, counsel to the second defendant (Olisaeloka Ezike), Micheal Ajayi objected the prosecution’s prayer, stating that the document does not fulfil the provisions of Section 104 of the Evidence Act.

    He argued that the certification was done after the trial had commenced and that there was nothing to show that legal fees had been paid to obtain the document, citing a case of Tapik United Vs GTB Plc.

    Ipaye cited Section 141 of the Evidence Act, noting that the proof of payment is required where “there are legal fees prescribed in that respect.”

    Ipaye urged the court to admit the DVD accompanied with the certification as evidence because they are very relevant.

    “The DVD was produced at the instruction of the police in the course of investigation; the whole purpose is to put it in evidence in a prosecution initiated by the state as between the police and the prosecution authority.

    “What the Supreme Court said on the case cited by the defence counsel was that the learned trial judge ought to have ordered counsel to ensure that the said documents are paid for after which the trial continues,” said Ipaye.

    Subsequently, Akinlade ruled in favour of the prosecution and admitted the video and certification as exhibits.

    Another prosecution witness, Inspector Yemi Olagbende from the Homicide Section of State Criminal Investigation Department (SCID), Panti, Yaba, was later called to give account of his investigation, after which the matter was adjourned till September 19 for continuation.

    The defendants in the trial are Okwumo Nwabufo 34; Ezike, 24; Orji Osita, 33, and Ezike Nonso, 25. They were charged with alleged conspiracy, murder, armed robbery administering illegal drug and receiving stolen property.

  • Another feather to her hat

    Another feather to her hat

    THAT Thursday, she set everything aside to receive the honour conferred on her by the Lagos State Scout Council (LSSC). As a mark of honour to her, the ceremony took place in her conference room at the Lagos State High Court premises in Ikeja.

    As Chief Judge Ayotunde Phillips walked in that afternoon, everyone rose in her honour.

    Shortly after, she was installed as president of LSSC, an honour next to that of patron, which is the exclusive preserve of the governor.

    Justice Phillips was decorated by Mrs. Kate Adegoke, Deaconess Ibironke Teko and Evangelist L.S. Ogunyale.

    The event was attended by Justices Kazeem Alogba, Oladotun Adefowope-Okogie, Yetunde Idowu, Adebisi Kayode-Ogunmefun, the Registrar of the State High Court, Mrs.Olamide Akinkugbe, her deputy, Mrs. Femi Segun and former Executive Secretary of the State’s Judicial Service Commission, Rev. Olubukola Balogun, among others.

    Dressed in Scouts uniform after her installation, Justice Phillips promised to institute an “Ayotunde Ayoola Phillips Essay Competition” among Scouts in public schools.

    She also promised to revive the “Hon. Justice Augustine Adetula Alabi(rtd.) Scout Craft Championship Competition” which stopped shortly after it was instituted in 2005.

    The chief judge said she considered her installation as President of the state scout council as a calling to serve the state and the nation and assist in building responsible citizens from among the youths.

    She promised to support the scout organisation in the state, even in retirement.

    “When we are retired, this would keep us busy and we can use this forum to assist the younger ones to become responsible citizens”, she said.

    She recalled that as a young girl she started out as a Brownese at Queens College, Yaba and later became a member of the Girls Guide when she got to the senior class.

    “Never in my old age did I ever think that I would become President of the Scouts Council,” she said.

    Justice Phillips told the leadership of the Scout’s State not to hesitate to approach her whenever her assistance is needed, even in retirement.

    The Commissioner of the state Scout Council, Chief Jonathan Tawose in an address congratulated the honouree on her installation as President of the council.

    Chief Tawose said that investiture of Justice Phillips was done in conformity with Article IV Chapter 6(a) of the Constitution of the “Scouts of Nigeria”.

    He said one of her duties as President is to use her position to seek audience with the Lagos State Governor, Babatunde Raji Fashola(SAN), who is their Patron, on the hosting of the council’s 2011/2012 Annual General Meeting(AGM).

    The Commissioner described the scout movement as the largest in the world and that Lagos has the highest number of scout in Nigeria with about 49,000 membership strength.

    He said the mission of scouting is to contribute to the education of the young people through a value system that is based on the Scout Promise and Law and to help build a better world where people are self fulfilled as individuals and to play constructive role in the society.

    Chairman, Board of Trustees of the Council, Justice Fatai Adeyinka(rtd.), who represented by Mr. Gilbert Akinlawon an engineer said Justice Phillips installation would give legal teeth to the movement and instill utmost discipline in the operators of scouting.

    All the members of the bench thanked the Scout Council for the honour done the chief judge and promised to support her to succeed in her new endeavour.

    Adeyinka said scouting started in 1915 pointing out that 80 per cent of notable Nigerians passed through scout training.

     

  • Suspect sues IG, police over shooting in custody

    Suspect sues IG, police over shooting in custody

    A suspect, Mr. Ikedideke Theophilus, has dragged the Inspector-General of Police, Mr. Mohammed Abubakar, to the High Court sitting in Yenagoa, Bayelsa State, alleging that he was shot in custody by the police.

    The suspect was said to have been arrested by the police over offences bordering on cultism.

    But Theophilus in a copy of the suit asked the court to award him N50m as general damages to enable him get “proper medical treatment such as orthopedic surgery and cardiology.

    He appealed to the court to make a declaration that he is “entitled to the general damages for his unlawful torture, shooting and inhuman treatment he received from the police while in custody”.

    Theophilus also included the Commissioner of Police and an Assistant Superintendent of Police, Mr. Chris Nwogu, as defendants.

    The claimant described himself as a 17-year old from Amassoma in Southern Ijaw Local Government Area and 300 level Mechanical Engineering student of the Niger Delta University, Amassoma.

    He alleged that the police in their desperate bid to extract information from him “hanged and tortured him severally and in the process shot his two legs.”

    He said the shooting occurred on January 13 this year.

    He said the police denied him proper medical treatment of the injuries they inflicted on him.

     

  • EFCC re-arrests police pension chief

    The Economic and Financial Crimes Commission on Tuesday re- arrested the director of Police Pension Unit, John Yusuf.

    Yusuf was released by an High Court in Abuja on Monday after paying N750, 000 fine for conniving with others to defraud the police pension office of N27.2bn.

    Reports quoting the EFCC spokesman, Mr. Wilson Uwujaren, said Yusuf was re-arrested because there were several other cases against him.

    The pension boss, according to Uwujaren, would be re-arraigned in court to face new charges.

     

  • Ondo gets new High Court judges

    The National Judicial Council in Abuja has approved the appointment of four new Judges for the Ondo State judiciary bringing to 21 the number of judges in the state.

    They are: the Chief registrar of the state High Court, Prince Aderemi Adegoroye, the deputy Chief Registrar 2 (DCR2) Mrs. Lara Adejumo, the Director of Civil Litigation in the state Ministry of Justice, Mr. Rotimi Olamide and Mr. Peter Ikujuni of the State High court in Okitipupa

    Briefing reporters at the opening ceremony of the 2012/2013 new Legal Year, the Chief Judge of the State, Justice Olasehinde Kumuyi said the NJC has approved the appointment of the new Judges.

    According to him, the addition of the four new judges to the seventeen judges on ground would fast track dispensation of justice in the state

    His words “We have 25 High Courts in Ondo State with 17 Judges. Now that we have four new Judges, they would occupy some of the remaining vacant courts.

    The new Judges would be sworn-in at a later date.