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Tag: Ikeja High Court

  • It is wrong for Judicial officers to maintain corporate account – NJC

    The National Judicial Council (NJC) on Friday told an Ikeja High Court  that that  judicial officers are not allowed to maintain and maintain corporate account in the course of service.

    An official of the NJC, Ramatu Hassan Ahmed stated this while been led in evidence by prosecuting counsel of the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo at resume trial of Justice Rita Ofili-Ajumogobia and Chief Godwin Obla for alleged unlawful enrichment.

    Ahmed identified, the first defendant, Rita Ofili Ajumogobia as customer to the accounts including corporate accounts, in which $894,400 and N56, 230,005 were deposited.

    Alluding to relevant section of the handbook, she said, paragraph 8.5 of the handbook stated that it is wrong for a judge to use his position for personal advantage, neither can a judge use his/her position to contact any colleague with a view to influencing the outcome of a case.

    She earlier referred to paragraph 2.5 of the book and stated expressly that a “judge shall not accept gift from a lawyer who might appear before him and accept gift provided the gift is not given in period of festivities and it is  not of pecuniary nature.

    Ahmed also told the court that estacode due to judicial officers  are paid in Naira and not in foreign currency.

    She enumerated the role of judicial officers as found in the code of conduct for judicial officers and handbook.

    Ramatu told the court that aside their salaries and estacode, judicial officers receive other allowances as spelt out in their handbook.

    She however explained of such allowances and other payments are disbursed through the respective courts where they serve.

    Attempt by Oyedepo to make her interprete provisions of the handbook was objected to  by Wole Akoni (SAN), counsel to the first defendant (Rita Ofili Ajumogobia) and Ifedayo Adedipe(SAN), counsel to the second defendant (Godwin Obla).

    Adedipe told the court that a witness cannot  interprete the content of the document before the court.

    He said that the question the prosecution is asking is irrelevant under the Evident Act.

    “She has tendered the document, it is for the court to interprete the document”, he argued. Earlier, Akoni had told the court that it is trite law that evidence must be relevant to the charge and that what is being read is not relevant to the charge against his client.

    However, failure by EFCC to produce another witness after cross examination of the NJC official sparked a row between the judge, EFCC and the senior lawyers.

    Justice Hakeem Oshodi, responding to the request of the prosecuting counsel that the matter be adjourned due to the absence of the next witness, said it was not in the place of the prosecution to say that trial cannot go on.

    “Let the court be the one that will say, trial cannot go on. You did not come fully prepared. It is good that NJC is here. Tell them this is what is happening, we got stuck because there is no more witness, not the court.  I hope you are seeing it”, he said, adding that he has set aside the whole of Friday for the case yet the EFCC is seeking adjournment.

    Oyedepo who was still on his feet said, “My lord, I brought a witness and was cross-examined today. I brought a witness, but I did not know how long the cross-examination will take. The last time, a witness was examined for two days, the witness has been coming. The last time, the witness was in court. I don’t need anybody to commend me, but I know that the little contribution I have made, I know I am not indolent, I am not lazy”, he said.

    Justice Oshodi, at this stage, cautioned  Oyedepo and told him to leave such commendation  at the discretion of the court and to learn to do  away with such mentality.

    Responding, Adedipe said, “today’s adjourent at Oyedopo’s  instance is painful. My learned SAN just got his son a wife, but he is here because Oyedopo asked us to be here. You granted press interview blaming senior lawyers for delay. I ought to be in Akure but I am here. I would have asked for a cost”, he said

    Adedipe said  that  there is need to amend the law so that the antigraft agency can pay for cost.

    “I will also be asking for adjournment sometime in October”, he said.

    But Justice Oshodi  objected, stressing that will give the impression that the court is responsible for the delay.

    At prosecution’s request, the matter was adjourned till  June 8 for continuation of trial.

  • N120m ‘scam’: Court rejects bail for two MDs

    An Ikeja High Court in Lagos Tuesday denied bail to two Managing Directors (MDs) – Samuel Okeke of Samadores Ltd and Aqua Rock Real Estate, and Ifeanyi Ndigwe of Iccon Communications Ltd – describing them as flight risks.

    Justice Mojisola Dada rejected their applications following opposition from the Economic and Financial Crimes Commission (EFCC).

    Okeke, Ndigwe, and the Managing Director (MD) of Forthright Properties Ltd, Isaac Akintoye, are standing trial alongside four firms for an alleged N120 million property scam.

    In her ruling, the judge observed that the EFCC’s claim that first defendant Okeke jumped administrative bail, and that third defendant Ndigwe had no verifiable address, were not controverted.

    Justice Dada held: “The first defendant’s bail was opposed by the prosecution on the ground that he jumped the administrative bail granted him at the EFCC office and evaded arrest until he was apprehended on May 10. The applicant’s counsel never replied to this weighty allegation in all the documents submitted before the court. I therefore hold that his application fails and bail is hereby refused.”

    Read Also: N2.4bn fraud: Court awaits Supreme Court’s decision on Innosson

    In rejecting the third defendant’s application, the judge found that “…not having a source of income or a traceable address, there are indications that he may not be available for his trial.”

    Bail was, however, granted Akintoye in the sum of N500, 000 with one surety in the like sum.

    Justice Dada adjourned till June 8 for trial.

    On May 15, the defendants pleaded “not guilty” to a 16-count charge of stealing and fraud.

    According to EFCC counsel Muhammed Bashir, the offences were committed in Lagos between November 14, 2005 and August 2014.

    The defendants allegedly received sums totaling N120m in tranches of N68,400,000, N1,800,000, N5,000,000, N6,000,000, N10,000,000, N8,500,000, among others.

    Okeke and his two firms were indicted in counts 1 to 12, Akintoye and his firms were mentioned in count 12, while Ndigwe and his company appeared in counts 13 to 16.

  • How prophet allegedly instructed church member to kidnap a child

    An Ikeja High Court heard Thursday how a man of God known as Prophet Ernest, the General Overseer of Holy Family, Happy Family Ministry,  allegedly made an apparition in a dream to instruct a former church member, Mrs Rosemary Chukwu, to kidnap a child.

    A witness Mr John Okoroafor, narrated how  Mrs Chukwu made the revelation while giving statements to the police at the Panti Police Station before Justice Josephine Oyefeso.

    Chukwu allegedly kidnapped the six year old boy (name withheld) on June 25, 2014, from the premises of the Holy Family, Holy Family Ministry in Ikorodu, Lagos.

    Chukwu, a housewife, residing at No. 33 Omologede Street, Majidun,  Ikorodu, is standing trial on a charge of kidnapping contrary to Section 257 of Criminal Law of Lagos 2011.

    Led in evidence by the prosecuting counsel, Ms Abike Oluwasanmi, Okoroafor, told the court that Chukwu said she was instructed by the prophet to kidnap the boy.

    Read Also: Community banishes prophet over death of woman seeking spiritual help

    “The police questioned her and she told us that, Prophet Ernest asked her to kidnap a child. She said that Prophet Ernest used to appear in her dreams to give her the instructions to kidnap the child.

    “At that point, all the policemen looked at themselves, they asked her to go and they also asked me to go,” Okoroafor said.

    Earlier in his testimony, Okoroafor told the court that on July 25, 2014 while heading to the church, he was warned by a member of the church about an irate mob attacking the church.

    He said the mob allegedly attacked the church after Chukwu  was caught with the kidnapped child and allegedly confessed that the crime was committed with the pastor’s instructions.

    “A lot of people came into the Ministry and they started beating people, burning things and beating the General Overseer”, he said.

    Okoroafor said he asked where Prophet Ernest was, he was told he was in Ikorodu Police Station to make a statement.

    “I went there with some of our members and when we got there, Prophet Ernest was taken to a clinic for treatment. Some members of the Ministry and I went to Prophet Ernest’s house at Ikorodu to pray about the matter and while there, I was called to Panti, Yaba to give a statement,” he said.

    Okoroafor added that he was briefly acquainted with  Chukwu in 2012 when she used to attend the church.

    He said Mrs Chukwu told him that she had opened her Ministry and that I should come and pray with her.

    He said he went to see her and prayed with her and her two children after which he left her.

    The witness said that was the last time he saw her.

    Justice Oyefeso has adjourned the matter till June 1 for continuation of trial

     

  • Court dismisses no-case submission of Rickey Tarfa

    Court dismisses no-case submission of Rickey Tarfa

    An Ikeja High Court in Lagos, Monday dismissed a no-case submission filed by Mr Rickey Tarfa, a Senior Advocate of Nigeria (SAN) who is standing trial for alleged obstruction and perverting the course of justice .

    Tarfa , through his counsel, Abiodun Owonikoko (SAN) had informed the court that he had no case to answer  when he was to open his defence Monday before Justice Aishat Opesanwo.

    Justice Opesanwo, in a ruling, after a trial that lasted till 5.25 p.m from 11.00 a.m, dismissed the submission made by Owonikoko on behalf of Tarfa.

    The judge said she was satisfied that the Economic and Financial Crimes Commission (EFCC) had established a prima- facie case against Tarfa and ordered the deendant to proceed with his defence.

    The judge also declined to award Tarfa N150million as exemplary damages for ‘malicious prosecution’ as he had demanded from the EFCC.

    “I have taken consideration of Section 38(2) of the EFCC Act and Section 97(3) of the Criminal Law of Lagos 2011, the oral and documentary evidence given by the prosecution.

    “I am satisfied that the prosecution has established a prima-facie case against the defendant.

    “I invite the defendant to proceed with his defence of the three-count charge contained in the information herein,” the judge said.

    Tarfa is currently being tried on a three-count charge of obstruction of justice and perverting the course of justice by the EFCC.

    The EFCC alleges that Tarfa wilfully obstructed two of its officers, Moses Awolusi and Sanusi Mohammed, from making an arrest of his clients within the premises of the Igbosere High Court, Lagos.

    Tarfa’s clients, Gnanhoue Sourou and Nazaire Odeste, were suspected by the EFFC of committing some financial crimes.

    The EFCC also alleges that Tarfa engaged in alleged illegal and secret communication with Justice Mohammed Yunusa, a Federal High Court judge who presided over the case.

    Earlier during proceedings yesterday, Owonikoko (SAN) , the defence counsel to Tarfa had in the no-case submission dated December 12, 2017 urged the court to dismiss the case because the defence had no case to answer.

    Owonikoko told the court that he has filed a motion praying the court to consider their arguments on the no-case submission adding that their  written address was formulated a singular issue which is whether at the close of the prosecution’s arguments, a prima facie case has been established to warrant the defendant entering a defence in the three-count charge.

    Owonikoko, argued that the essential ingredients necessary to secure a criminal conviction have been unproven by the EFCC.

    He also noted that the EFCC during the trial, amended the charge but they did not amend the name on the charge, if the evidence does not correspond with the name of the charge, a vital ingredient of the offence is missing.”

    Owonikoko said that the names of the clients that Tarfa was allegedly shielding from prosecution as they were also not properly indicated in the charge and that the EFCC did not amend the alleged error during the trial.

    Owonikoko alleged that there were also discrepancies in the evidence presented by the EFCC regarding count-two of the charge was about Tarfa engaging in alleged secret communication with Justice Mohammed Yunusa.

    “The call log brought by the prosecution was thoroughly disowned the maker of the document under cross-examination.

    “There was so many discrepancies in the documents and the sole evidence they (EFCC) were depending on was that call log and these calls were made without hiding the caller identification.

    “The statement from Justice Yunusa when he was invited by the EFCC was that he was friends with the defendant from university and the calls were social in nature and he never discussed his cases with the defendant.

    “I find it curious that they are using only the written statement of Justice Yunusa as the basis of their case.

    Regarding the third count of the charge which was obstruction of justice, Owonikoko said that issues surrounding the charge are currently subjects of appeal at the Court of Appeal.

    “It is our submission that it is wrong for any of the parties before such an appeal to file a criminal charge on the complainant. For that we will be demanding exemplary damages from the EFCC for malicious prosecution,”he said.

    Responding to the points raised by the defence, Mr G.A Latona the prosecuting counsel for the EFCC, asked the court to dismiss the defence’s no-case submission.

    He said: “The application of the defence suffers from some fundamental lapses. The prosecution has not established the guilt of the defendant which is not required at this stage, what we have shown is that there is something that Your Lordship has to call upon him o explain.

    “What the defence has done is to handpick bits and pieces of evidence and tell Your Lordship that ingredients have been established without considering the totality before the court,” he said.

    The EFCC prosecutor disputed that the issues surrounding the third count of the criminal charge filed against Tarfa are issues currently on appeal at the higher court.

    Latona in his submission also noted that the EFCC had proven that Tarfa engaged in unlawful communication with Justice Yunusa beyond reasonable doubt.

    Justice Opesanwo adjourned the case till May 24 and 25 for Tarfa to open his defence.

    Read Also: Alleged bribery: EFCC closes case against Rickey Tarfa

  • Absence of defence counsel stalls   trial of Ejigbo 10

    Absence of defence counsel stalls   trial of Ejigbo 10

    The absence of a defence lawyer, Mr O.R Sokunbi Thursday stalled the trial of 10 persons facing sexual assault and sodomy charges for the alleged torture of two women and a minor at the Oba Morufu Market, Ejigbo at an Ikeja High Court.

    Sokunbi, who is  the defence counsel to  the second and third defendants, Buhari Yusuf and Abdullahi Haruna was not in present at resumed sitting of the court yesterday.

    The defence counsel was to lead his clients in defence sequel to the completion of the testimony of the first defendant, Isiaka Waidi.

    The prosecutor, Mr Yakub Oshuola, requested the court to close the case of the second and third defendants as a result of the development.

    The trial judge, Justice Oluwatoyin Ipaye, in a ruling, remarked that the counsel’s absence was a calculated attempt to delay the trial.

    She noted that the matter has suffered many delay by the tactics as a result of the activities of the defence counsel.

    “On October 23, counsel to the second and fourth defendants sent in a letter apologizing for his inability to come to court and he suggested a trial date of October 26”, noting that the defence counsel has not furnished to court any reason for his absence in court.

    Justice Ipaye consequently granted the request of the prosecution and closed the case of the second and third defendants.

    The judge directed the counsel to the fourth defendant, Mr O.P.  Popoola to open his defence by calling his witnesses.

    But Popoola could not open defence for his client as he had no witness in court.

    “My Lord, I was not expecting to start my defence today, the witness I wanted to call is not in court,” he said.

    Justice Ipaye adjourned the case till 1pm on October 30 and November 1 for continuation of trial.

    The market leader,  Waidi, 61;  Yusuf, 22; Haruna, 20,  Saheed Adisa, 29, Lateef Tijani, 37; Ahmed Adisa, 65; Azeez Akinosun, 36; Jimoh Busari, 50; Adekunle Adenuga, 38; and Oloruntoyin Dauda, 46, are standing trial for the alleged torture and sodomy.

    They are facing a-19-count charge bordering on conspiracy, attempted murder, sexual assault, maliciously administering poison, obtaining money by false pretence and deprivation of liberty.

    The absence of a defence lawyer stalled the trial at an Ikeja High Court, of 10 persons facing sexual assault and sodomy charges for the alleged torture of two women and a minor at the Oba Morufu Market, Ejigbo, Lagos.

    The market leader,  Isiaka Waidi, 61;  Yusuf, 22; Haruna, 20 and Saheed Adisa, 29 are standing trial for the alleged torture and sodomy.

    Others are Lateef Tijani, 37; Ahmed Adisa, 65; Azeez Akinosun, 36; Jimoh Busari, 50; Adekunle Adenuga, 38; and Oloruntoyin Dauda, 46, who is the woman leader of the market.

    They are facing a-19-count charge bordering on conspiracy, attempted murder, sexual assault, maliciously administering poison, obtaining money by false pretence and deprivation of liberty.

  • Evans, others re-arraigned on amended charge

    Evans, others re-arraigned on amended charge

    Lagos state government Thursday re-arraigned notorious and billionaire kidnapper, Chukwudumeme Onwuamadike, a.k.a. Evans, before Justice Hakeem Oshodi of an Ikeja High Court for alleged kidnapping of one Dunu Donatus.

    In the amended charge, the defendants are again facing a two count charge offence bordering on conspiracy and kidnapping against them.

    Evans and co-defendants changed their guilty plea to not guilty after the amended charge was read to them.

    Evans was re-arraigned alongside five other suspected members of his gang which included a woman, Ogechi Uchechukwu, the third defendant.

    Others are  Uche Amadi, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Chukwunonso Aduba, second, fourth, fifth and sixth defendants respectively.

    They have been in Police custody since June 10.

    In the former charge, the defendants were charged under Sections 411 and 271(3) Criminal Law Cap C17 Laws of Lagos State 2015.

    Count one in the amended charge bordered on “Conspiracy to commit a felony to wit kidnapping contrary to Section 411, Kidnapping Criminal Law. Cap C17, Laws of Lagos State 2015”.

    The second count bordered primarily on “Kidnapping contrary to Section 2(1) of the Kidnapping Prohibition Law, No 13, Laws of Lagos State 2017”.

    According to the particulars of the offence, the defendants were alleged to have “conspired to commit a felony to wit Kidnapping” on February 14, 2017 at about 7.45 p.m. along Obokun Street, Ilupeju, Lagos.

    They were also alleged to have sometimes between February 14 and April 12, 2017 along same street in Ilupeju “while armed with guns and other weapons capture and detain one Dunu Donatus against his will and collected a ransom of Euros 223,000.

    Unlike the State Criminal Law 2015 which prescribed 21 years for convicts, the Kidnapping Prohibition Law, No 13, Laws of Lagos State 2017 prescribed death sentence if victims die in the custody of kidnappers.

    At resumed proceedings yesterday, the prosecution led by the Director, Directorate of Public Prosecution (DPP), Titilayo Shitta-Bey informed the court that they have filed an amended charge against the defendants and served their counsels.

    Shitta-Bey said they were ready to commence trial.

    But the defence counsels opposed the prosecution saying that the prosecution served them the amended charge only yesterday morninh in court.

    They prayed the court for adjournment to enable them confer with their clients and response to the amended charge.

    They also told the court that they all have different applications pending before court which they argued will be overtaken by events if trial should commence.

    The counsel to first and second defendants was Olukoya Ogungbeje, that of third defendant was Joseph Otogblu, Olanrewaju Ajanaku for the fourth defendants, A.A. Ozogbu for the fifth defendant while the sixth defendant was represented by Emmanuel Ochai.

    However, counsel to fourth defendant, Olanrewaju Ajanaku differed and said he was ready for trial.

    But the DPP in her response opposed the defence counsels.

    Shitta-Bey urged the court to allow the charges to be read and for the defendants to take their fresh plea.

    According to her, there was no material change in the nature of the charge against the defendants.

    “The particulars of the offence are the same. Only the law in count two that deals with punishment of the offence is changed.

    “The application for adjournment by the defence counsels before plea is taken is calculated to derail trial before the court”, she argued.

    At this stage, Justice Oshodi stood the matter down for 45minutes to enable counsels confer with defendants.

    On resumption, the court conducted a house screening of the various applications of defence counsels after which they were all struck out.

    After this, all the defence counsels urged the court for adjournment to enable them respond to the amended charge served on them in court Thursday.

    Justice Oshodi, citing section 36 of the Constitution granted their prayer and adjourned the matter till November 3 for trial.

     

  • Man arraigned for allegedly raping 14-year-old girl

    Man arraigned for allegedly raping 14-year-old girl

    An aged man, Isiaka Alade has been arraigned before an Ikeja high Court for allegedly defiling a 14 year old girl (names withheld).

    Alade was arraigned Wednesday before Justice Sedoten Ogunsanya on a one count charge offence of child defilement contrary to section 137 Criminal Law of Lagos State 2011.

    According to the prosecutor, Mrs T.N. Aderiye, the defendant, who on account of his old age was allowed to sit in the dock, had between 2013 and December 2014 at 23, Baale Lawan Street, Ayobo defiled his 14 year old victim “by having sexual intercourse with her”.

    The defendant pleaded not guilty to the one count charge offence preferred against him by the state government.

    The charge, which was written in English, was interpreted to the defendant in Yoruba by a court registrar.

    Mrs Aderiye told the court that she was ready to commence trial and that she has six witnesses and one exhibit, which is a medical report, to present in the matter.

    Both the prosecutor and defence counsel, Mr. Temitope Fadeni agreed to an accelerated hearing of the matter.

    Justice Ogunsanya adjourned the matter till December 21 for commencement of trial.

  • Ajudua seeks to quash $1 million fraud charge

    Ajudua seeks to quash $1 million fraud charge

    Lagos socialist, Fred Ajudua, Monday prayed an Ikeja High Court, to quash a $1 million fraud charge brought against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC, had in the charge, alleged that Ajudua and his an accomplice, Joseph Ochunor, in 1993 defrauded one Ziad Abu Zalaf of Technical International Limited, a company based in Germany of $1 million dollars.

    At resumed proceedings before Justice Josephine Oyefeso Monday, his counsel,   Norrison Quakers (SAN) told the court that he has two applications pending before the court and that the prosecution had been copied.

    Quakers however accused the EFCC of not filing their court response on time.

    “My Lord, our application is dated May 9 and we are seeking that the fraud charge should be struck out.  We served the prosecution with a copy of the application on May 10.

    “The counter-affidavit of the prosecution was not filed within time and there was no application before the court to regularise same,” he said.

    Responding, counsel to the EFCC, Mr.  Seidu  Atteh, however disputed the senior lawyer’s claims insisting that the prosecution responded within time.

    “We filed a counter-affidavit dated May 17 and the learned senior counsel noted that there was a mistake on the date and we filed another one on October 10.

    “With the kind permission of the court, we will like to regularise same with an oral application,” he said.

    After the oral application of the EFCC counsel, Quakers told the court that he would respond to the counter-affidavit of the prosecution within seven days.

    Justice Oyefeso adjourned the case to November 30 for the hearing of the application seeking to quash the fraud charge.

  • ‘Policeman framed me for robbery for denying him sex’

    ‘Policeman framed me for robbery for denying him sex’

    A 27-year-old trader, Mrs Victoria Amodu, Wednesday told an Ikeja High Court, Lagos that an Investigative Police Officer (IPO) at the Special Anti-Robbery Squad (SARS), Ikeja Division, demanded sex from her to release her from custody.

    Amodu, a mother of four, gave the testimony as a defence witness in her trial for alleged conspiracy and armed robbery, before Justice Kudirat Jose.

    The defendant, who denied the allegation, was arraigned alongside one Hammed Isiaka on a six-count charge of conspiracy to commit robbery and armed robbery, contrary to Section 295(2)(a) of the Criminal Law No 11 Laws of Lagos State, 2011.

    One of the charges reads, “Hammed Isiaka, Victoria Amodu and others now at large, on or about August 12, 2014 while armed with a pistol did rob one Elizabeth Moses of a cash sum of N35, 000 and a cheque of N1.4m.”

    However, while being led in evidence by her counsel, Nelson Onyejaka, Amodu told Justice Jose that she was unjustly arrested by the police on August 12, 2014 at Church Bus stop, Badagry, Lagos.

    She said she was selling bread at the bus stop when policemen raided the area, arrested her and others and bundled them into their truck, where they met some men who were already tied up.

    Narrating the incident, Amodu said: “I was arrested by the police while I was selling bread and taken to the station at SARS, Ikeja. An IPO (name not mentioned) there told me to call someone that would come for my bail. I called a neighbour, a lady that helps me look after my kids. When she arrived, the IPO said a woman could not sign my bail bond, which he put at N400,000.

    “I became worried because I didn’t know any man to call since I was no longer living with my husband and I was also new in Lagos. I decided to call my father but he refused coming to the station. He said since I was married he had no hand in anything concerning me.

    “I didn’t know what else to do at this time, so I started begging the IPO to let me go and take care of my kids since I didn’t commit any offence. The IPO took me outside the cell to a corner and said that I am a pretty lady and that if I submit myself to him, I would be freed. I got angry and shouted at him, asking why he would make such a statement to me. He immediately, dragged me back to the cell. Some others who were arrested that day were released after they paid money, though I don’t know how much they paid.

    “Nights after, the IPO brought out some case files and told me and others in the cell to sign them. He said that when we were done signing, we would be released. I agreed to sign the documents on the condition that he would not touch me. But the other men refused saying they couldn’t sign what they didn’t know.

    “The IPO immediately brought out his gun and threatened to shoot them if they didn’t sign and they fearfully signed it.

    “After signing the documents, we were all taken to a Magistrates Court and from there, to Kirikiri Prison.

    Amodu pleaded with the court to tamper justice with mercy and permit her to go home to cater for her children.

    During cross-examination by prosecution counsel, Mrs. Awosika, Amodu denied knowing the first defendant, Isiaka.

    She said she had never seen him before and only met him for the first time in court on the day of arraignment.

    Isiaka, a driver, who also testified while being led by his counsel, Mrs Olamide Amore-Akintoye, said he was arrested on his way from Seme border while carrying food items belonging to a customer.

    He said his car was impounded and taken to the station where he was locked up after he failed to pay for his release.

    Justice José adjourned till November 29 for adoption of final addresses.

  • Court rejects American’s application for variation of bail conditions

    Court rejects American’s application for variation of bail conditions

    Justice Hakeem Oshodi of an Ikeja High Court Monday rejected an application brought before the court by an American, Marco Ramirez, alleged to have defrauded three Nigerians seeking US green card of $565,000.

    He said the application filed by Ramirez through his counsel, Ademola Adefolaju, was incompetent.

    At resumed proceedings yesterday, the vacation judge, Justice Oshodi declined to hear Ramirez’s application for variation of bail conditions as he was absent in court.

    His counsel, Adefolaju told the court that Ramirez is in Kirikiri Prison custody and that that is why he could not appear in court.

    “My Lord, my client is not here. He is on remand in prison, we will like my Lord to vary the bail conditions, the defendant has been unable to get an executive director of a company as a surety,” Adefolaju said.

    Responding, counsel to the Economic and Financial Crimes Commission (EFCC), Mr M.F Owede, opposed the application for variation of the bail conditions.

    Owede told the court that Ramirez was an international fugitive and that varying his bail condition would not be in the interest of justice.

    He urged the court to uphold the bail conditions granted him by Justice Josephine Oyefeso on July 10.

    “The defendant is a fugitive in the U.S.A., and he is already flagged by the interpol, despite this he was still granted bail on liberal terms,”Owede said

    Ruling on the application, Justice Oshodi, said that the application cannot be heard because Ramirez was not present in court.

    He held that the application was incompetent because there was nothing before the court to prove Ramirez’s alleged ill health.

    Adefolaju had on Friday brought an application before  a vacation Judge,  Justice Ganiyu Safari that his client’s health condition had deteriorated in Kirikiri Prison since his remand in July.

    He prayed the court for an order to allow the defendant to bring one surety that is in a directorate cadre in the Lagos State civil service as a substitute for a director in a reputable company.

    Adefolaju said Ramirez was dying in prison and the failure “to expeditiously determine the motion is dangerous as his health is deteriorating in prison custody.”

    However, Justice Safari held that since the EFCC was not aware of the proceedings it was better for the matter to be adjourned.

    He ordered that a hearing notice be issued to the commission informing it of Ramirez’s application and adjourned the hearing of the application till today before Justice Oshodi who is resuming today as the next vacation judge.

    The EFCC had charged Ramirez with a 16-count charge bordering on obtaining under false pretences.

    According to the anti-graft agency, Ramirez, who is the Managing Director of three companies, USA Now Plc., Eagleford Instalodge Group and USA Now Capital Group, allegedly committed the offences between February 2013 and August 2013.

    EFCC alleged that Ramirez fraudulently received $545,000 from Godson Echejue to invest in his company, Eagleford Instalodge Group, in order to procure an American green card (residence permit) for him.

    Healso allegedly received $10,000 from Abubakar Umar through a non-existent investment programme in the U.S., which was billed to make Mr. Umar eligible to obtain an American passport.

    The EFCC also accused Mr. Ramirez of illegally receiving $10,000 from one Olukayode Sodimu under the pretext that the funds were facilitation fees with the American Immigration Services for an American green card.

    Ramirez had pleaded not guilty to the 16 count charge offence.

    Justice Josephine Oyesfeso had on July 10, granted Ramirez bail in the sum of $250,000 bail or its naira equivalent with two sureties in like sum.

    Oyefeso had ordered that one of the sureties should be resident in Lagos, be a director of a reputable company and have landed property in Lagos State.