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Tag: Ibrahim Buba

  • Ex-president Jonathan directed how NIMASA funds were spent – Akpobolokemi

    Ex-president Jonathan directed how NIMASA funds were spent – Akpobolokemi

    A former Nigerian Maritime Administration and Safety Agency ( NIMASA ) Director-General Dr Patrick Akpobolokemi yesterday denied looting the agency’s funds.

    Testifying before Justice Ibrahim Buba of the Federal High Court in Lagos after opening his defence, Akpobolokemi said all the actions he took in office had the approval of former President Goodluck Jonathan. 

    He denied looting N2.3billion from the agency, which was approved for a project by the former President.

    According to him, Dr Jonathan approved the release of N2.3billion for NIMASA in three tranches between 2013 and 2015.

    He said it was for the implementation of a maritime security project, International Shipping and Ports Security (ISPS) code.

    He said the funds were released after he wrote three times to the Federal Government through the Office of the National Security Adviser headed by Col. Sambo Dasuki (retd.).

    Led in evidence by his lawyer, Dr. Joseph Nwobike (SAN), Akpobolokemi said the ISPS code implementation followed the September 11, 2001 terrorist attack in the United States of America.

    He said the security code was adopted by the International Maritime Organisation (IMO), which requested member states to implement it to forestall similar terrorist attacks.

    He said the funds were approved by the President and released to NIMASA through ONSA, following which he constituted the ISPS Code Implementation Committee.

    He said the committee opened an account, into which funds for the project were released, adding that he was neither a member nor a signatory to the account.

    Akpobolokemi said the committee was headed by former NIMASA Executive Director, Maritime Safety and Shipping Department, Capt. Ezekiel Agaba.

    He said as soon as the funds were disbursed to NIMASA, he minuted letters to Agaba to carry the Presidency’s directives.

    “The directive was from the Presidency and I would have been appropriately sanctioned if I ignored the directive,” he said.

    He denied the allegation by the Economic and Financial Crimes Commission ( EFCC ) that the funds were diverted, adding that the project was implemented with the funds, with foreigners commending NIMASA.

    “I was satisfied that the ISPS Code project was well performed at least up till the time I left the agency,” Akpobolokemi said.

    Akpobolokemi was charged along with Ababa, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistics Limited.

    They all pleaded not guilty when they were arraigned.

    Justice Buba adjourned till February 13.

  • Model demands N75m from Wema Bank for alleged copyright infringement

    Model demands N75m from Wema Bank for alleged copyright infringement

    An American-based Nigerian model, Nneoma Anosike, has sued Wema Bank plc at a Federal High Court in Lagos for alleged infringement of her  intellectual property.

    The plaintiff, who is a 2014 brand Ambassador of Pepsi Cola Nigeria, sued through her father, Mr Frank Anosike, as lawful attorney, claiming N75 million against the bank as general damages for passing off her services.

    She is also claiming N20 million as damages for breach of her privacy by the bank advertising her photograph without her consent.

    Nneoma is also seeking a public apology from the defendant to be advertised in national dailies which circulate in the U.S and Nigeria.

    The plaintiff is further claiming two million naira as special damages of cost of action.

    Besides, she is seeking the court’s declaration that she is entitled to her privacy and those of her correspondences, under Section 37 of the 1999 Constitution of Federal Republic of Nigeria.

    At the resumed hearing of the case on Tuesday, the sole witness for the plaintiff, Anosike, continued his examination in chief.

    Led in evidence by his lawyer, Mr Gideon Okebu, the witness told the court that his daughter entered into a three-year management contract with an international firm, Ford Model Incorporated, New York, in 2014.

    He said that the plaintiff was granted a U.S. Visa through the instrumentality of Ford, following which she travelled from Nigeria to the U.S. to continue her career solely under Ford.

    According to the witness, on April 11, 2016, his daughter was requisitioned to attend a meeting with the board of Ford where she was presented with photographic advert of her picture from Instagram, which was photo-edited by Wema Bank and further advertised on its  website.

    He said that his daughter’s picture was used for the advert with the bank’s corporate logo beside her face and the words, “Be yourself, Everyone else is taken”.

    According to him, this projection of Nneoma by the bank was with the aim of projecting the bank’s value and goodwill using her fame and popularity.

    He told the court that the defendant’s action constituted a breach of Nneoma’s agreement with Ford Model, as it had caused her a retraction of contract extension by the firm.

    Justice Ibrahim Buba adjourned the case until Nov. 20 for cross examination of the witness.

    NAN

  • Court jails man six months over N7,000 theft

    Court jails man six months over N7,000 theft

    A Grade 1 Area Court Karmo, Abuja, on Tuesday sentenced one Usman Abubakar to six months imprisonment for joint act and extortion.

    Abubakar, a resident of Kado fish market, Abuja was arraigned on a two-count charge.

    The Presiding judge, Alhaji Abubakar Sadiq, however, did not  give  the convict any option of fine.

    Sadiq said he must serve the punishment as deterrent to other would-be offenders and warned him to desist from committing crimes.

    “Be dedicated to your business,” Sadiq told the convict.

    Before the judgement​ was delivered, Abubakar, had pleaded guilty to the charge and prayed the court to temper justice with mercy, claiming that the devil pushed him to the crime.

    He promised to be more dedicated to his fish business.

    Earlier, the prosecutor, Florence Auhioboh, told the court that one Ibrahim Buba, of 4th Avenue Gwarimpa Estate, Abuja, reported the matter at the Gwarimpa Police Station, on July 28.

    Auhioboh said on that same date in Gwarimpa,  the convict and one other person , who is now at large, attacked and threatened​ to kill him with a long sharp knife.

    They collected N7, 000 cash and one Techno phone valued N20, 000.

    During police investigation, he confessed that his friend who is now at large, is  in possession of the stolen  money.

    The prosecutor said that the offence is punishable under sections 79 and 292 of the Penal Code.

  • Man bags 24 months imprisonment for drug trafficking

    Man bags 24 months imprisonment for drug trafficking

    A Federal High Court in Lagos on Thursday sentenced a 48-year-old Mechanic, Tunde Oseni, to 24 months imprisonment for trafficking in Cocaine and Heroine.

    The convict was charged by the National Drug Law Enforcement Agency (NDLEA) on two counts bordering on the offence.

    He pleaded guilty to the charge.

    After his plea, the prosecutor, Mr Jeremiah Aernan, reviewed the facts of the case before the court.

    Aernan tendered in evidence a written statement of the convict, a request for scientific aid form, a test analysis form, as well as the bulk of exhibit.

    These pieces of evidence were accordingly admitted by the court and marked as exhibits.

    In his judgment, Justice Ibrahim Buba found the accused guilty of the offence as charged.

    The court consequently sentenced the convict to a term of 24 months imprisonment on each count, adding that the terms shall begin to run concurrently from the date of his arrest.

    Before his sentence, the convict, who was not represented by a lawyer, had implored the court to show mercy on him.

    He had promised to become a transformed person if justice is tempered with mercy.

    In the charge, the prosecution said that the convict committed the offence on April 11, at Ipodo St., in Ikeja, Lagos.

    Aernan said that the convict was arrested with some restricted narcotics, including 700g of Heroine and 1.5kg of Cocaine.

    He said that the narcotics were seized from the convict, while he was arrested and charged.

    The offence contravenes the provisions of Sections 11(C) of the NDLEA Act, Laws of the Federation, 2004.

  • Lagos court fixes June 19 for judgment in Tompolo’s suit against IGP, EFCC

    Lagos court fixes June 19 for judgment in Tompolo’s suit against IGP, EFCC

    A Federal High Court in Lagos on Thursday fixed June 19 to deliver judgment in a suit filed by Chief Government Ekpemulopo, alias Tompolo, seeking the enforcement of his rights.

    Tompolo, who had been declared wanted since Feb. 12, 2016 by the Economic and Financial Crimes Commission (EFCC), is seeking court’s protection against prosecution over an alleged N45.9 billion fraud.
    Joined as respondents in the suit are the Inspector-General of Police, the Chief of Army Staff, the EFCC, the Chief of Naval Staff and the Chief of Air Staff.
    On Thursday, Justice Mojisola Olatoregun reserved judgment in the suit after hearing arguments from counsel.
    Adopting his originating processes, counsel to the first and second respondents, Mr T.A Mofolu, argued that the provisions of the Administration of Criminal Justice Act, provides for speedy criminal trials.
    According to him,  the law provides that an accused has a right of appeal where he is not at par with the decision of a court.

    He said in this case the respondent was aware of an appeal filed by the applicant.
    He also objected to the attachment of a newspaper publication in the applicant’s further affidavit dated June 16, 2016 on the grounds that such piece of evidence was secondary and ought to be certified at the National library.

    Mofolu, therefore, urged the court to dismiss the application for lack of merit.

    But counsel to the EFCC, Mr Rotimi Oyedepo, submitted that the applicant in question was a “fugitive” in law and should not be allowed to seek redress from the court until he submitted himself for trial.

    He argued that given the materials placed before the court, it was clear that the applicant was s in clear contempt of the order of Justice Ibrahim Buba, who had earlier compelled his attendance in court to answer charges preferred against him.

    Oyedepo described the application as an abuse of court process, saying “it is trite that a party who is in contempt of court cannot seek redress” and urged  the court to throw out the application for lack of merit.

    He said in his originating processes, the applicant had “ridiculously and in contradiction of his claims” annexed a copy of his notice of appeal signed personally by him.
    “If the applicant feigns ignorance of the charge, how then was he able to brief his counsel on the charge for an appeal to be filed.

    “The issue leading to the preferring of a criminal charge against the applicant borders on fraud in which billions of naira was lost by the Federal government.”
    He, therefore, urged the court to dismiss the application and award “heavy” costs against the applicant for abusing the court’s process.

    In response to the arguments of respondent’s counsels, Tompolo’s lawyer, Mr Ebun-Olu Adegboruwa, brought his application pursuant to the provisions of the African Charter of Human rights, the 1999 constitution, as well as the inherent jurisdiction of the court.

    He argued that in criminal law service of a charge was personal and could not be presumed, adding that there is no evidence before the court showing that exhibit A (charge) was served on the applicant.

    On the issue of contempt, Adegboruwa submitted that the applicant could not be cited for contempt, adding that since the beginning of the proceedings, the applicant cannot be said to have breached any court order.

    He insisted that it was the constitutional right of the applicant to apply to court for the enforcement of his rights and urged the court to uphold it.

    After listening to the submissions of counsel, Justice Olatoregun fixed June 19 for judgment.

    The EFCC had filed a 40-count charge against Tompolo and nine others before Justice Ibrahim Buba of the same court.

    Following the absence of  Tompolo in court since his arraignment, Justice Buba had  issued a bench warrant for his arrest and production in court.

    The court had also on Feb. 19, 2014, ordered a forfeiture of property belonging to Tompolo after an application was moved to that effect by the EFCC.

    Justice Buba had held that the Administration of Criminal Justice Act 2015 empowers the court to seize properties of an accused who refused to face trial.

    The court recalled that though Tompolo refused to appear in court, he briefed his lawyers and through them sought to vacate the order of his arrest.

    Consequently, he ordered forfeiture of properties belonging to Tompolo pending when appears in court.

    Property affected by the forfeiture order included a River Crew Change Boat named MUHA – 15, the property known as “Tompolo Dockyard”, and the property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.
    Others are the Diving School at Kurutie at Escravos River, the property known as “Tompolo House” at Oporaza Town, and any other property discovered by the EFCC moveable and immovable.
    Meanwhile, Tompolo is seeking an order restraining the respondents from further proceeding with the charges slammed on him.

    Tompolo contends that Sections 221 and 306 of the Administration of Criminal Justice Act, 2015 which prohibit him from seeking a stay of proceedings in his trial infringed on his constitutional rights to fair hearing.

    Tompolo also wants the court not to only nullify Sections 221 and 306 of the ACJA but to also restrain the respondents from invoking  the sections of the law against him.

    He insists that Sections 221 and 306 were in conflict with Section 36 of the Constitution which guarantees his right to fair hearing.

  • Court nullifies sale of Newswatch to Jimoh Ibrahim

    Court nullifies sale of Newswatch to Jimoh Ibrahim

    Justice Ibrahim Buba of the Federal High Court in Lagos yesterday nullified the sale of Newswatch magazine to businessman, Mr Jimoh Ibrahim.

    The judge awarded N15.7 million damages against him and ordered the stoppage of further publication of Daily Newswatch.

    The court quashed a Share Purchase Agreement (SPA), which transferred ownership of Newswatch Communications Limited to Ibrahim.

    Justice Buba upheld all the prayers of the minority shareholders, saying Ibrahim and others could not prove that they paid for the shares.

    He said: “They have not shown how and when they paid for the shares, and nothing in paragraphs 11 and 18A of the respondents’ statement of defence showed how they paid for the shares.

    “There is no evidence in Paragraph 3.0 that the respondents paid on or before May 5, 2011, as stated, as they have only given their interpretation to that paragraph.

    “Whatever money they spent was on Daily Mirror and this was confirmed by DW2 (second defence witness) during cross-examination. The N510 million was supposed to have been paid for shares and not for any other purpose; there is no evidence to show that the shares have been paid for.

    “Besides, it was a company called Global Fleet that paid the N14 million, not any of the respondents who contracted with the first respondent.”

    The judge granted the plaintiffs’ reliefs, namely: “An order setting aside the contract entered into between the first and second respondent companies by virtue of document, titled: Share Purchase Agreement between the first and second respondents executed in May, 2011.

    “A consequential order setting aside the Form CAC2 (Statement of Share Capital and Return of Allotment of Shares) of the first respondent company dated August 27, 2012 and presented for filing by Gloria A. Ukeje.

    “An order directing the second and third respondents, jointly and severally, to pay special damages amounting to N15.7 million to the first respondent company, being the loss of business profits since August 2012 till October 2012, when its operations were unilaterally shut down.”

    The court also held that the petitioners discharged the burden placed on them by proving their case, while the first to fourth respondents failed to do so.

    The minority shareholders – Mr Nuhu Aruwa and Prof. Jubril Aminu – urged the court to quash the Share Purchase Agreement, which transferred the company’s ownership to Ibrahim.

    They sought an order restraining the respondents from publishing and selling to the public Newswatch Daily, Newswatch magazine, Saturday Newswatch and Sunday Newswatch.

    Newswatch Communications Limited, Global Media Mirror Limited, Ibrahim, Newswatch Newspapers and the Corporate Affairs Commission (CAC) are the defendants.

    The plaintiffs averred that Global Media and Ibrahim purportedly came into majority ownership of the Newswatch Communications by virtue of a Share Purchase Agreement entered into in May 2011.

    They claimed that by virtue of Clause 3.0 of the agreement, Global Media Mirror purportedly acquired 51 per cent of the company, on the condition that they would pay N510 million as the price of its shares.

    They added that by Clause 4.0 of the agreement, the money was to be paid on or before May 5, 2011, adding that the second respondent was obligated to pay additional N500 million within 90 days after the take-over, which was supposed to serve as the working capital for the company.

    The petitioners also averred that without complying fully with the conditions of agreement, the second respondent took over full control and management of the company.

    In a supporting affidavit, Aruwa said: “To our utter shock and detriment, the second and third respondents simply shut down the operations of the first respondent company, particularly the publication of Newswatch magazine, which is the flagship and major source of business and source of income of the first respondent company and from which we got returns from our investment in first respondent company. The magazine had been in publication for about 28 years before it was stopped.”

    According to him, unless the first to fourth respondents are stopped from carrying out their intentions, they would have succeeded in killing the business of the first defendant, where the plaintiffs have shares and from which they expect dividends for their investment.

    Aruwa added that the first to fourth respondents would have also succeeded in appropriating the entire business to themselves by rendering it redundant and operating the company to the detriment of the petitioners.

    He said: “It is in the interest of justice that the respondents are called upon to explain and show why they cannot wait for the substantive issues herein to be determined before rushing to float the new newspaper, despite the fact that it is a live issue in the substantive suit.”

     

     

     

     

  • Court defers verdict on demolition case

    Judgment in a suit filed by residents of Badagry Local Government Area of Lagos State, challenging the demolition of their houses was yesterday stalled at a Federal High Court in Lagos.

    Justice Ibrahim Buba, who adjourned the matter till February 27, ordered the opposing counsel to address him on jurisdiction before judgment is delivered.

    The order followed an averement by the claimants in their originating process that there was a subsisting suit before the Badagry High Court.

    The suit was filed under the Fundamental Human Rights procedure on behalf of Atinporome Community residents who are seeking N100 million from the federal and Lagos State government agencies for “unlawful demolition” of their houses and N5 million as cost.

    Joined as respondents in the suit are: Inspector-General of Police; Lagos State Police Commissioner; Commander, Area ‘K’ Police Command; Ministry of Police Affairs; Lagos Task Force on Environment and Special Offences Unit; Lagos State Ministry of Physical Planning and Urban Development;Lands Bureau and the Attorneys-General of the Federation and Lagos.

    The claimants said on December 14, last year they received a letter from the police, ordering residents to vacate the land.

    They said while their community is located at Araromi Extension and Mowo Phase II, the letter from the police specifically mentioned Agemowo and Agelado Mowo, Badagry.

    “We contacted our solicitors who drafted a letter to clear the air that our communities were at Atiporome; but all our efforts to serve the letter on the respondents were rebuffed as they chased us away,” they claimed.

    They said they were surprised on December 16, last year, at 4.30am, when over 100 armed policemen from the Lagos Task Force, laid siege to the community and began to pull down their houses with bulldozers.

    They said over 1,500 houses were demolished, while a six-month-old baby was killed in one of the houses.

    The applicants claimed that they were not allowed to pick anything from their houses before the demolition, while many residents and youths were indiscriminately arrested.

    They are praying the court for a declaration that the forceful demolition of their houses by the respondents was wicked, oppressive and unconstitutional.

  • Court to try 17 Boko Haram suspects ‘in camera’

    The 17 suspected members of the proscribed Islamic sect, Boko Haram, arrested in different parts of Lagos on March 21, will be tried in camera, a Lagos Federal High Court ruled yesterday.

    Justice Ibrahim Buba held that it was in the national interest to hold the trial out of public view.

    He was ruling on an application brought by the prosecution, which was not opposed by the defence.

    The Commissioner for Justice and Attorney-General, Mr Ade Ipaye, prayed the court to order that the trial be conducted behind closed doors.

    He said his application was based on Sections 203 and 205 of the Criminal Procedure and Section 36 (4) (a) (b) of the 1999 Constitution.

    Ipaye also sought an order that the prosecution witnesses, who are operatives of the State Security Service (SSS), be allowed to give evidence wearing mask.

    He prayed for an order restricting the press from the coverage of the proceedings.

    The first to third and seventh defendants’ lawyer, Mr O.E. Nwagbara, did not oppose the application.

    Counsel for the remaining 13 defendants also did not oppose the application.

    Granting the application, Justice Buba said the media would not be allowed to cover the case.

    When the suspects were arraigned last week, SSS operatives prevented journalists from covering the proceedings.

    The defendants pleaded not guilty to the seven counts of terrorism acts, possession of

    prohibitted firearms and ammunition preferred against them.

    Justice Buba ordered that they be remanded in prison.

    They are Ali Modu, Adamu Karumi, Ibrahim

    Ali, Ibrahim Bukar, Mohammed A. Mohammed, Bala Haruna, Idris Ali, Mohammed Murtala, Kadri Mohammed, Mustapha Hassan, Abba Duguni, Sani Adamu, Danjuma Yahaya, Musa Bala, Bala

    Daura, Farouk Haruna and Abdula Zuladaini.

    The charge said the defendants were arrested at Plot 5, Road 69, Lekki Phase 1 Housing Estate; 24 Oyegbemi Street, Ijora Oloye, Apapa and an unnumbered

    bungalow on Oyegbemi Street, behind Celestial Church, in Ijora Oloye on March 21.

    The government said they conspired “to commit felony, to with: acts of

    terrorism” by having in their possession explosive substances, including three packets of explosive construction pipes and 15 detonators.

    They were also said to be in possession of 11 AK-47 rifle magazines loaded with 30 rounds of live ammunition each; 200 rounds of 7.62 mm live ammunition, one AK-47 rifle, two AK-47 rifle magazines with three rounds of live ammunition each, two suitcases containing explosives and one water container of explosives.

    Also recovered from the suspects, the charge said, were one bag containing canisters, one HP laptop, five Nokia handsets and one red Volkswagen Golf car with registration number Lagos: SMK 427 AZ, allegedly meant to transport the explosives.

    The offence is contrary to Section 17 of the Terrorism (Prevention) Act 2013 and punishable under Section 17 (b).

    Another count alleged that Ibrahim Bukar and Kadri Mohammed, on the same day “knowingly entered into an arrangement for which

    money would be made available for the purpose of terrorism for a proscribed organisation to wit: Boko Haram sect.”

    The government said the offence was contrary to Section 13 (2) of the Terrorism Prevention

    Amendment Act 2013 and punishable under the same Act.

    According to the fifth count, the defendants were arrested by security agents for being

    members of the proscribed Boko Haram.

    The offence is said to be contrary to Section 2 of the Terrorism (Prevention) (Proscription Order) Notice 2013 and punishable under the same

    Section 2 (3) (1) read in conjunction with Section 33

    (1) (b) of the Act as amended.

    The sixth count said they had in their possession prohibited firearms without a licence contrary to Section 516 of the Criminal Code, Cap C38, Laws of

    the Federation of Nigeria 2004 and punishable under the same section.

  • Court adjourns Ikuforiji’s case till Jan 7

    Court adjourns Ikuforiji’s case till Jan 7

    The Federal High Court in Lagos yesterday adjourned till January 7 next year for continuation of hearing in the case filed by the Economic and Financial Crimes Commission (EFCC) against the state’s House of Assembly Speaker, Adeyemi Ikuforiji.

    The Speaker and his Personal Assistant, Oyebode Atoyebi were charged before Justice Ibrahim Buba.

    Their lawyer, Mr Tayo Oyetibo (SAN), prayed the court to order the prosecution to identify the documents it intends to tender during the trial so as to save time.

    The judge directed the prosecution lawyer to sort out vital documents which he considers useful for the trial.

    EFCC accused Ikuforiji and his assistant of accepting cash payments meant for the Assemble without going through a financial institution.

    During the hearing yesterday, EFCC’s witness Adebayo Adedeji, led in evidence by Mr Godwin Obla (SAN), told the court that Atoyebi’s job schedule included running errands for the Speaker and collecting cash from the accounts department for the Assembly’s use.

    The witness added that on each occasion Atoyebi collected money, he acknowledged it by appending his signature.

    “On August 2, 2011, the second accused signed and collected about N4 million on behalf of the first accused, with the heading: ‘National Council for State Legislators Conference, United States.’

    “In the cash register, it was also discovered that on August 3, 2011, the second accused collected the sum of N10 million on behalf of the Speaker, and the payment was tagged: ‘Ramadan’. It was signed and dated August 4, 2011.

    “On August 23, 2011, the sum of N1.2 million was also collected by the second accused, on behalf of the Speaker, and the transaction was tagged: ‘Money for Orderly to the Wife of Speaker’. This transaction was signed and dated Aug. 29, 2011,” he said.

     

    At this stage, the court and lawyers agreed that Obla should isolate the transactions he intends to highlight from the voluminous cash book to save time.

    Oyetibo told reporters that the prosecution had not tendered anything incriminating against the Speaker.

    The number of witnesses to be called by the defence would depend on the “strength and character” of the testimonies of the prosecution’s witnesses, he said.