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Tag: Josephine Oyefeso

  • I gave Ajudua money to get me the best lawyer, not to bribe judge – Bamaiyi

    Former Chief of Army Staff, Lt. General Ishaya Bamaiyi on Wednesday told an Ikeja High Court he gave money to Fred Ajudua to get a very good lawyer to secure his freedom.

    He denied claims by the defence that he gave money to Ajudua to bribe Justice Olubunmi Oyewole, who was then handling his trial in 2006 at Ikeja High Court.

    Bamaiyi stated this while been crossed examined by counsel to Ajudua, Olalekan Ojo ( SAN).

    Bamaiyi explained he agreed to suggestion by Ajudua to reach out because he was in prison and wanted to get freedom by all means.

    Ajudua is standing trial before Justice Josephine Oyefeso for allegedly defrauding Bamaiyi of $8.4m in 2004 while they were both in custody of the Kirikiri Prisons, Lagos.

    The EFCC alleged Ajudua defrauded Bamaiyi of the money while they were both on remand at Kirikiri Prison, Lagos.

    While Ajudua was in the prison for an alleged fraud related offence, Bamaiyi was in the facility in relation to the attempt on the life the publisher of The Guardian, Mr Alex Ibru.

    General Bamayi was later discharged and acquitted of the alleged offence.

    At resume of the proceedings on Wednesday, Ojo reminded Bamaiyi of the oath he took earlier before the court after which he confirmed that he gave money to Ajudua to help him get “a good lawyer” who will bring him out of prison.

    Read Also: Bamaiyi and perfidious Generals

    Responding to questions from Ojo, Gen. Bamaiyi said: “I agreed with Ajudua’s suggestion because I believe they were truthful.

    “He brought the idea to me and I agreed because I wanted to secure my freedom. If anybody is in trouble, he will do anything to get out of trouble”.

    Bamaiyi maintained that he knows it is wrong for anyone to offer any judicial official bribe.

    “I know it is wrong to compromise a judicial official. I don’t see anything wrong in reaching out to anybody as long as what you are sending him for is reasonable.

    “He deceived me, he never told me he was going to pay any judicial official on my behalf.  His suggestion to me is to get a very good lawyer, not judicial official,” he maintained.

    Bamaiyi however said Ajudua never suggested meeting officials of Lagos State Government to him and that he never sent him to bribe any official on his behalf.

    He also denied sending one Daniel Amos to bribe anybody to facilitate his release from prison.

    Asked by Ojo the number of times he sent errand to any judicial officer, Bamaiyi said: ”I never did”.

    He also told the court that he was not aware that Daniel Amos made a written statement on his behalf at the EFCC but that he personally made some statements at the commission’s office.

    “I can remember I wrote one of such statement in June 2006 but I can’t recollect when I wrote other statements.”

    At this stage, the defence counsel, Ojo then called for the original copy of the statement the witness made at the EFCC’s office from the prosecuting counsel, Seidu Atteh.

     Atteh told the court that he might have mistakenly put it in another matter involving the defendant.

    Atteh, urged the defence counsel to continue with his cross-examination on other areas promising to produce the statement at the next adjourned date.

    But Ojo refused, insisting the prosecution lacks the competence to dictate to him how to conduct his cross-examination of Bamaiyi and asked for an adjournment.

    Ruling on the matter, Justice Josephine Oyefeso held that the prosecution cannot tell the defence how to conduct its cross-examination.

    She thereafter ordered the prosecuting counsel to provide the relevant documents as required by the defence on the next adjourned date.

    Justice Oyefeso subsequently adjourned till May 8 for continuation of cross examination and trial.

  • Trial of American for alleged green card fraud stalled

    The trial of an American, Marco Ramirez, who allegedly defrauded three Nigerians of $545,000 in a green card scam, was stalled Thursday at an Ikeja High Court due to the absence of the prosecuting counsel.

    At resumed proceedings Thursday, it was revealed that the Economic and Financial Crimes Commission (EFCC) lead prosecutor, Mrs Vera Agboje, had notified the court in a letter that she would be absent in court due to another official engagement.

    The trial judge, Justice Josephine Oyefeso acknowledged that Agboje had written to the court ahead of proceedings to inform her that she will be absent.

    Responding, the defence counsel, Mr. Ademola Adefolaju, also admitted receiving a letter from the prosecutor.

    Adefolaju therefore requested for an adjournment.

    Justice Oyefeso granted the request and adjourned the case until May 7 for hearing.

    Ramirez is facing a 16-count charge bordering on obtaining under false presences before the court.

    He was first arraigned on June 22, 2017.

    He had pleaded not guilty to the charges and was granted bail in the sum of $250,000 with two sureties in like sum on July 10, 2017.

    Ramirez is alleged to be the Managing Director of three companies – USA Now Plc., Eagleford Instalodge Group and USA Now Capital Group.

    According to the EFCC, he committed the offences between February 2013 and August 2013 in Lagos.

    The American was alleged to have fraudulently received $545,000 from one Amb. Godson Echejue to invest in his company.

    EFCC alleged that the plan was to procure an American green card (permanent residence card) for Echejue.

    Ramirez also allegedly received $10,000 from one Abubakar Umar through a non-existent investment programme in the U.S. which would make Umar eligible to obtain an American passport.

    The EFCC is also accusing Ramirez of illegally receiving $10,000 from one Olukayode Sodimu on the pretext that the funds were facilitation fees with the American Immigration Services for an American Green Card.

  • Rape: Delay in trial of ex-UNILAG lecturer infuriates Judge

    Justice Josephine Oyefeso of an Ikeja High Court Thursday expressed displeasure over slow pace in the trial of a former lecturer of University of Lagos (UNILAG), Akoka, Dr Afeez Baruwa, alleged to have raped an 18-year-old girl (names withheld)  seeking admission into the university.

    Justice Oyefeso expressed indignation when told at the resumed trial of Dr Baruwa that Mr Y. G Oshoala, the state counsel that would continue with the prosecution of the defendant was not in court and no reason was given for his absence.

    The development stalled the commencement of the criminal trial of Dr Baruwa.

    Baruwa was scheduled to open his defence Thursday a year after the prosecution had closed its case against the ex-UNILAG lecturer.

    Read Also: Court remands two varsity dropouts over alleged gang rape

    The judge who noted that the trial had experienced a number of setbacks occasioned by absence of counsel said she was not happy with the development as the defendant had arrived  the court as early as 9am with his defence team and was ready to give evidence.

    At about 2.10pm when the case was to commence, a state prosecutor, Mr O. A Azeez, informed the judge that Mr Y. G Oshoala, the lead Lagos State prosecutor, wanted to cross-examine Baruwa himself.

    He said Oshoala was the counsel most familiar with the facts of the case as he had been prosecuting the case since Baruwa was first arraigned over the alleged rape incident before the court.

    Azeez said Mr Oshoala left instructions that he wants to personally cross-examine the defendant,” Azeez said and asked for a short adjournment.

    Responding, counsel to the defendant,  Olanrewaju Ajanaku, said the lecturer is ready to give his defence whenever the state is ready.

    Ajanaku asked for assurance that trial would go on at the next adjourned date.

    Justice Josephine Oyefeso, expressed worry over the delay caused by the prosecution  and reluctantly granted the request for an adjournment.

    “Very reluctantly, I accept the proposal of the prosecution.

    “This case is adjourned till March 14 for trial,” the judge said.

    Before the prosecution closed its case against the former lecturer on January 23, last year, four prosecution witnesses had testified including the complainant, her father, a medical doctor and the Investigating Police Officer (IPO).

    Baruwa, a father of two and former part-time lecturer in the Department of Accounting in UNILAG, is facing a lone charge of rape.

    The prosecution alleged that the former lecturer raped the complainant at 9.25 a.m. on July 23, 2015 in Room 8 at the Faculty of Business Administration Annex building.

    The father of the survivor had sought Baruwa’s assistance to secure admission for his daughter into the institution.

    The alleged rape occurred when she was in his office to make arrangements for her admission into the university.

    The UNILAG authority has since disclaimed Dr Baruwa following the incident.

  • How Kwara Govt was swindled of N227m

    An Ikeja high court heard on Monday how one Mohammed Gobir and his company Mondial Defence Systems Limited stole N 227 million from the Kwara State government.

    Mohammed Gobir, 55, and an indigine of Kwara state, is facing a five count charge bordering on stealing, forgery and dishonestly converting monies entrusted to him for the purchase of three units of Armoured Personnel Carriers (APC) by the Kwara State government  preferred against him by the Economic and Financial Crimes Commission ( EFCC) before Justice Josephine Oyefeso.

    Gobir however pleaded not guilty to the charge.

    Led in evidence by the prosecution counsel, Zainab Ettuh, a prosecution witness, Funmilola Adejulu  told the court how a petition dated October 21, 2015 was received by the Commission from one William Ezenwa.

    Adejulu, who works as an operative with the EFCC is the third prosecution witness in the ongoing trial.

    The witness said the petitioner alleged that the defendant, Mohammed Gobir under false pretense obtained the sum of 45796.61USD from him  under false pretense.

    She further told the court that the petitioner who is a country manager of T.A.G4 Armour Nigeria limited, a sister company to The Armour Group based in USA, alleged that his company entered into an agreement to procure three units of Armour Personnel Carriers (APC) for Oyo State government and how he paid the sum of 300USD and refused to pay an outstanding of 146.964USD.

    “The petitioner also alleged that while the Oyo State transaction was ongoing, the defendant informed him to produce another five APC for Kwara state government which he later reduced to three.

    “We sent the identification number of the three vehicles he requested for, so as to enable him to process the end users certificate but the defendant did not pay for the three APC, neither did he pay for the balance of the Oyo State government APC.

    Adejulu further told the court that the complaint was invited to come and adopt his petition and he honoured the invitation.

    “We wrote to Kwara State Government, Wema Bank, RT Capital Management and the National security Adviser and they all responded.

    Read Also: 2019: Obtain your PVCs now, Gov. Ahmed tells Kwarans

    “The Kwara state government responded to the letter dated February 25, 2016. In the letter, Kwara Government stated that the letter of contract forwarded to them was different from the ones they have in their file which was the one they gave to the defendant. They also confirmed that the dates were tampered with.

    “Their letter also confirmed that they awarded a contract to the defendant to supply three units of Armour Personnel Carriers and the sum of two hundred and seventy-seven million was fully paid to him between October 2912-July 2013.

    The witness further told the court that Kwara state government confirmed that Gobir did not deliver the APC and several demands for him to deliver the three units APC yielded no response from him.

    “Kwara state government also confirmed that they contacted the Ministry of Justice to help them get the defendant to supply the APC or return the fund.

    The prosecution witness also told the court that the defendant was invited by the commission and he volunteered a statement to her and a another team member identified as Danladi.

    Adejulu said when Gobir was confronted with the petition, he responded in writing.

    “He admitted that Kwara government gave him a contract and that the money was fully paid. He also mentioned that he bought the three vehicles as well as the end users certificate, while he also admitted that the vehicles were not delivered yet.

    “He however mentioned in his statement that he did not engage the Armour Group to produce the three APC and that the production was being handled by a Dubai company, though he could not produce any document relating to the Dubai Company and the said APC” she said.

    According to Adejulu, the commission also contacted a director in Kwara State government, one Alhaji Umar Kayode Sidiq, who reported to the commission.

    “Sidiq confirmed that Kwara state government awarded the contract to Gobir at the sum of two hundred and seventy-even million naira to him and he was fully paid

    “She said the director told the commission that the defendant did not deliver the APC and he was only responding via  phone that he was working on it.

    “The Commission also got a response from Wema bank that the said amount was received from Kwara state government and his bank statements shows that the defendant moved funds at different times to different Bureau’re changes which includes; Mua BDC, Binbahun BDC, CP Express limited and RT Capital management.

    “The General Manager of RT management, Juli Ola also responded to our letter.
    Juli said they received the fund from the defendant and upon his instruction, the monies were converted to dollars and transferred into his personal bank account in London.

    The witness further narrated to the court how National Security Adviser also replied the Commission by confirming that the three APC  identification registration numbers gotten by Gobir  for the  Nigerian Police, Kwara was genuine as to the end users certificate that was produced which has the defendant as the vendor.

    The trial however could not go on due to the fact that the prosecution did not serve the letter which the NSA wrote to EFCC on the defendant’s counsel.

     Justice Oyefeso ordered the prosecution to serve the defence counsel with the necessary documents.

    She thereafter adjourned the matter until September 13, 2018 for continuation of trial.

  • Dock worker to face trial for allegedly murdering wife

    Justice Josephine Oyefeso of an Ikeja High Court has fixed July 3 for the commencement of the trial of Lekan Shonde, two years after he allegedly beat his wife, Ronke to death.

    Justice Oyefeso fixed the date for trial after the matter came up for mention.

    The trial judge ordered the prosecuting counsel, Mrs Kofoworola Tunji-Carrena to open her case against the defendant on the next adjourned date.

    Shonde, 51, was previously been arraigned at the High Court on October 24, 2017, on a lone count of murder.

    He  had plead not guilty to the charge.

    The prosecution team, led by Mrs Tunji-Carrena had alleged that Shonde committed the offence at 8.30pm on May 5, 2016 at his residence at No. 3, Tiemo Close, Egbeda, Lagos.

    According to court documents, Shonde was involved in an physical altercation with Ronke his wife which led to her death.

    The prosecution alleged that Shonde locked up the home and fled leaving her corpse in the in the living room.

    The body of the deceased was discovered by neighbours who heard the cries of their two young children who were trying to “wake up” the lifeless body of their mother.

    After a manhunt, Shonde allegedly surrendered to the Police authorities five days after the incident.

  • Green card scam: American to remain in Kirikiri prison till July 10

    Green card scam: American to remain in Kirikiri prison till July 10

    An American national, Marco Ramirez, who allegedly obtained 565,000 dollars under false presences from three Nigerians in an American Green Card scam, is to remain behind bars until July 10, a Lagos High Court, Ikeja, has ruled.

    His remand in Kirikiri Maximum Prisons followed the absence of his defence counsel at the hearing of his bail application on Monday.

    The News Agency of Nigeria (NAN) reports that on June 22, Justice Josephine Oyefeso had ordered the remand of Ramirez at  Kirikiri Prisons following his ‘not guilty’ plea.

    The Economic and Financial Crimes Commission (EFCC) had slammed on Ramirez a 16-count charge bordering on obtaining 565,000 dollars under false presences from three Nigerians to get them American green card.

    Oyefeso had adjourned the case until July 3 for the hearing of his bail application.

    At the resumption of proceedings, Ramirez explained the reason for the absence of his lawyer, Mr Chukwudi Maduka.

    “My Lord, my counsel’s flight from Abuja was cancelled this morning at 8.00 a.m., they are making alternative arrangements to come,” he said.

    Justice Oyefeso taking note of the absence of his lawyer, stood down the case until afternoon.

    “The day is well spent, this is past 1.00 p.m., his counsel should be here by now, the case is stood down.”

    During the approximately three-hour waiting period for Ramirez’s lawyer, the EFCC had served him documents opposing his bail.

    However, at 4.00 p.m. when the case was called for hearing, the defence team of the American had still not showed up in court.

    “I haven’t spoken to my lawyer since morning; the prosecution just served me with an objection to my bail, I’ll like to ask for a short adjournment so that my attorneys could look into it,” he said.

    Mrs V.O. Aigboje, counsel to the EFCC, expressed displeasure at the absence of the defence counsel and requested that the trial should begin immediately.

    She said: “It is the defendant’s constitutional right to get legal representation, in the circumstance instead of waiting for the defence counsel, the bail can be taken at any stage of proceedings.

    “I ask that the case be adjourned for trial and the bail application be taken at any time during his trial.”

    Interjecting, Ramirez said: “I will ensure that my attorneys fly in a day before proceedings My Lord.”

    Oyefeso then adjourned the case to 9. 00 a.m. on July 10 for hearing of the defendant’s bail application.

    Ramirez, the managing director of three companies – USA Now Plc., Eagleford Instalodge Group and USA Now Capital Group – committed the offences between February 2013 and August 2013, according to the EFCC.

    Ramirez was alleged to have fraudulently received 545,000 dollars from Amb. Godson Echejue to invest in his company, Eagleford Instalodge Group, in order to procure an American green card ( permanent residence card) for him (Echejue).

    He also allegedly received 10,000 dollars from one Mr Abubakar Umar through a non-existent investment programme in the U.S. which would make Umar eligible to obtain an American passport.

    Furthermore, EFCC accused Ramirez of illegally receiving 10,000 dollars from one Mr Olukayode Sodimu on the pretext that the funds were facilitation fees with the American Immigration Services for an American Green Card.

  • Housewife bags seven years for stabbing hubby to death over lottery

    A 29-year-old housewife, Onyinyechi Akunne, was on Monday in Lagos sentenced to seven years imprisonment for stabbing to death her 35-year-old husband, Abuchi Akunne, with a kitchen knife during an argument at home over lotto tickets known as “Baba Ijebu”.

    An Ikeja High Court sentenced her  following a plea bargain where the initial charge of murder was changed to a charge of causing grievous bodily harm to which she plead guilty.

    Justice Josephine Oyefeso also rejected a clause in the plea bargain agreement where it was proposed that the housewife should serve a sentence of community service instead of a prison term.

    “In view of the defendant’s pleading guilty, I hereby find her guilty of one-count charge of grievous bodily harm.

    “I hereby sentence her to seven years in prison starting from the day she remanded in prison custody which was March 28, 2015,” Oyefeso said.

    Before the sentence was pronounced, Akunne’s counsel, Mrs P.O. Onu, in her plea for mercy, told the court to temper justice with mercy.

    “The defendant is a first-time offender, she is a mother of a toddler which she gave birth to while in prison custody. Her  daughter is a year-and-seven months old, she still has a lot to offer to the society,” Onu said.

    The judge ordered that the convict’s daughter after weaning her, should be removed from the female prison and be kept in the custody of the relations.

    The News Agency of Nigeria (NAN) reports that during Akunne’s arraignment on March 6, the State Prosecutor, Mrs C.K. Tuiyi-Carena, had told the court that the accused  committed the offence on March 28, 2015 at her residence located at No. 85, Idimu Road, Ejigbo, a suburb 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 a hospital by Onyinyechi and concerned neighbours,” she said.

    Akunne was pregnant when the offence was committed and she gave birth to a baby girl while in custody at the Kirikiri Female Prisons.

    The toddler was in court with her mother for the sentence.

  • Alleged $1m fraud: Ajudua’s lawyers stall arraignment

    The defense team of a one-time Lagos socialite and businessman, Fred Ajudua, on Thursday stalled his arraignment by the Economic and Financial Crimes Commission (EFCC) for allegedly defrauding a German company of 1 million dollars at an Ikeja High Court.

    The lawyers lead by Mr Norrison Quakers (SAN), argued against Ajudua’s arraignment after Justice Josephine Oyefeso had ordered him into the dock for his plea.

    “My Lord, the business of the day as listed in your cause list is a ruling and not arraignment, the case of NDDC V Ecobank backs this argument.

    “Trial starts when the defendant is arraigned, we have not been served with the charge and other processes, I have also spoken to the defendant and he told me that he did not see the charge.

    “I will have to seek for a short adjournment to properly study the charge.

    “My client is in poor health and he has only one functional kidney which is deteriorating fast, he also needs time to seek medical attention,” Quakers told the court.

    Mr S. A. Atteh, Counsel to the EFCC, after hearing Quakers’ complaints of not seeing the charge, immediately served Quakers and his team with copies of the charge in the courtroom.

    “My Lord, it is only when the plea of the defendant is taken that he is properly before the court.”

    Quakers, upon receiving the charge, noted some irregularities which were in the charge which was that Ajudua was charged under the Penal Code and not the Criminal Law of Lagos State of 2011 which is currently used for criminal cases.

    Justice Oyefeso, acceding to Quakers’ request for an adjournment, fixed May 16 for the EFCC to file a formal application for arraignment.

    The News Agency of Nigeria (NAN) reports that the EFCC had on Feb. 13 re-opened a charge filed against Ajudua in 2005.

    In the charge, the EFCC had claimed that Ajudua, an alleged serial fraudster, and one Joseph Ochunor, an accomplice, had sometime in 1993 defrauded one Ziad Abu Zalaf of Technical International Ltd., a company based in Germany of 1 million dollars.

    The fraud case had earlier been struck out by Justice Morenikeji Obadina in 2009 for want of diligent prosecution after Ajudua failed to make an appearance in court on 24 occasions.

    On March 13, Justice Josephine Oyefeso had adjourned for a ruling to determine if the case should be added to the court’s cause list for trial.

    Earlier during Thursday’s proceedings, Justice Oyefeso had in her ruling ordered that Ajudua should be arraigned by the anti-graft agency.

    “This case was assigned to this court in November 2016 when the defendant became available within the jurisdiction.

    “The prosecution applied that the matter be put on the cause list as the applicants were willing to prosecute the case diligently as witnesses are available to testify.

    “On Feb. 9 the defence had raised a preliminary objection challenging the powers of the court to try a case that is struck out since 2009, stating the application of the EFCC was an abuse of court processes.

    “When a case is struck out, it remains alive though in a comatose state, and it comes alive through the appropriate application to relist the case,” she said.

    Justice Oyefeso noted that there was a lacuna in the Administration of Criminal Justice Law (ACJL) of Lagos regarding what happens to a case when it is struck out.

    “Section 262 of the ACJL has come to the rescue in this instance by stating that the court shall adopt a procedure which will provide substantive justice.

    “The days of technicalities are long gone and the preliminary objection is unmeritorious and has failed and it is hereby dismissed.

    “The defendant should please go into the dock and his plea should be taken,” she ruled.

     

     

     

  • $8.4m fraud : Ajudua challenges EFCC’s power to prosecute him

    Lagos lawyer, Fred Ajudua has challenged the power of the Economic and Financial Crimes Commission (EFCC) to prosecute him.

    The development stalled  his trial before Justice  Josephine Oyefeso at the Ikeja high court on Thursday.

    Ajudua was initially being tried before Justice Kudirat Jose but was last year transferred to Justice Oyefeso.

    The EFCC is prosecuting Ajudua for allegedly defrauding a former Chief of Army Staff, General Ishaya Bamaiyi of various sum amounting to $8.4m while both of them were in Kirikiri prison.

    The EFCC had alleged that the defendant and his accomplices had approached Gen. Bamaiyi in Kirikiri prison and assured him that they would assist him to secure his freedom.

    Ajudua who was then facing trial for the attempted murder of the late Publisher of The Guardian newspaper, Mr Alex Ibru convinced Bamaiyi they could secure his freedom.

    Ajudua’s co-defendant and a former registrar of the high court, Oluronke Rosulu  had opted for separate trial when he failed to appear for trial after several adjournments.

    Rosulu was found guilty of complicity in the fraud and was last year sentenced to 10 years imprisonment by Justice Lateef Lawal-Akapo.

    At the resumed proceedings into the matter on Thursday, Ajudua, through his counsel, Mr. Norrison Quakers (SAN) opposed EFCC’s decision to re-arraign him on an amended charge.

    Quakers told the court that under the administration of criminal justice law, the EFCC has no powers to prosecute his client.

    Quakers was also opposed to the amended charges against Ajudua stating that his client cannot be arraigned on the new information before the court since the anti-graft agency failed to obtain his witness statement.

    EFCC’s counsel,  Seidu Atteh however countered the argument saying that it was not necessary for the EFCC to obtain statement from the defendant simply because the charges were amended.

    According to Atteh ,  Ajudua had personally refused to volunteer any statement to the commission over the allegations against him.

    The trial judge, Justice Oyefeso ordered the parties to harmonize their arguments instead of presenting them in peace-meal.

    She adjourned the matter till February 13, 2017 for hearing of argument from both parties.