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Tag: Judge

  • Osun has strengthened security around judge, says APC

    Osun has strengthened security around judge, says APC

    •Party: blackmailing governor over Oloyede’s safety ‘ll be futile

    Attempt by any group or persons to use the safety of Justice Folahanmi Oloyede as a strategy to throw Osun State into chaos would be futile, the state’s All Progressives Congress (APC) said yesterday.

    It explained that from the first day that the state government became aware of judge’s petition for the governor’s impeachment, special security arrangements were provided to prevent anything untoward happening to her.

    The party, which spoke in a statement by its spokesman, Kunle Oyatomi, said media campaigns alleging danger or insecurity to the life of Justice Oloyede were aimed at blackmailing the Governor Rauf Aregbesola administration.

    The party said: “Unknown to the sponsors of this wicked campaigns of calumny, right from day one that Justice Oloyede submitted her petition, the government had taken a proactive measure by alerting the head of the courts in Osun, Chief Justice Adepele Ojo and security agencies, including the police and the Department of State Services (DSS), to provide adequate and enhanced security around the person and residence of Justice Oloyede.

    “Justice Oloyede herself cannot deny the fact of this enhanced security around her person and residence up till now.”

    The statement added that Aregbesola took the precautionary measure, “bearing in mind what opponents of his administration were capable of orchestrating with the life of Justice Oloyede”.

    It added: “This is because of the antecedents of the sponsors of this inexplicable and unnecessary tension in our state that they might want to use the opportunity of her petition against the governor to unduly stoke crisis in the state.

    “It is, therefore, worrisome that several weeks after this had happened, the scallywags are still pursuing their totally untenable subversion of the popular will by campaigning on the pages of newspapers, a threat that never existed, except in their weird imagination and criminal intentions.”

    The APC called on the public to be wary of the activities of those plotting to throw the state into chaos, asking the security agencies to be alert.

    “This is to alert members of the public and all security agencies of the criminal intentions of the sponsors of these orchestrated campaigns to prevent our peaceful state from being plunged into needless anarchy.

    “Osun has been peaceful and remains so and any impression of tension or anarchy being created is just a manifestation of the evil plots of those who are in desperate pursuit of an agenda to plunge the state into crisis,” the statement said.

     

  • Police arrest kidnappers of Kogi judge

    Police arrest kidnappers of Kogi judge

    The Kogi State Police Command Thursday said that it has killed one Aliyu Isa, a.K.a Osama, the leader of a notorious criminal gang that kidnapped a state High Judge, Justice Samuel Obayomi recently and arrested other members of the gang.

    He said the late Osama was one of those that escaped from the Koto-Karfe Prison, during a jail break last year.

    The Commissioner of Police, Mr. Samuel Adeyemi Ogunjemilusi made this known while parading 13 suspected criminals at the Command Headquarters in Lokoja.

    He explained that Osama, who died during exchange of fire with the police, was out on a vengeance mission and recruited other gang members to carry out the elimination of his targets.

    He said some of Osama’s target included a petrol marketer, he worked with and the judge.

    He said that the deceased suspect and his gang members attacked the independent petrol marketer and his workers at a filling station, killed the manager and another staff, and died in the ensuing cross-fire between the police and members of the gang.

    The CP said that the Barretta pistol found on him belonged to the late orderly (Cpl. Usman Isah) of the Judge who was kidnapped.

    The police boss added that late Osama was one of those that escaped from jail, where he was serving 10 and 15 years respectively.

    He said, “The deceased manager of the filing station and the corporal, before he was assigned to the Judge were key witness and Investigation Police Officer respectively in the case that led to imprisonment of the late suspect”.

    He added that the Judge who was kidnapped on May 25 and released June 27, presided over the suspect’s case.

    Also paraded was one Bolaji Agbaje Williams, who claimed he was employed as security guard at the cave where the High Court Judge was kept for over three weeks.

    Williams who confessed that he joined the gang recently and was detailed to watch over the victim, claimed he hails from Ijebu Ode in Ogun State.

    Also paraded was a gang comprising of Fulani herdsmen who specialized in kidnapping of fellow herdsmen.

    The suspects, Idris Mohammed Jafaru, Shehu Haruna and Yunusa Ahmadu confessed to haven made over N1.5 million from criminal activities.

    The CP said that all the suspects would be charged to court immediately.

  • Petition: Judge refuses to appear before Osun panel

    Petition: Judge refuses to appear before Osun panel

    Justice Olamide Folahanmi Oloyede, who was to defend her petition before the Osun State House of Assembly’s investigative committee, did not show up yesterday .

    She did not appear before the seven-member committee to defend her call for the impeachment of Governor RaufAregbesola and his deputy, Mrs. Titi Laoye-Tomori, for alleged misappropriation of public funds.

    Justice Oloyede, who was represented by her counsel, Lanre Ogunlesi (SAN), said for her to appear before the committee headed by Deputy Speaker, Akintunde Adegboye, she must be given a copy of the governor’s reply to her petition to build her defence.

    But the committee turned down her plea, asserting that the judge had broken three rules of the parliament in wrongful filing, signing and appearance in line with Order 126 (1 – 6) of the Assembly.

    The committee insisted that Justice Oloyede must be ready to defend the allegations in her petition, saying “according to the law the onus of proof lies on the accuser”.

    The committee’s chair, who is also a lawyer, said in the fourth paragraph of the petition the judge was categorical on her readiness to appear with her evidence to back up her claim.

    He said the committee could not play “Father Christmas” in giving what was not requested abinitio.

    Adegboye said the committee was set up to investigate the issues raised in the petition and should not be seen as a trial court.

    He said the petitioner’s appearance would further confirm her resolve to pursue her cause and assist the committee in its work.

    Adegboye added that Justice Oloyede could as well send her evidence, if she could not appear in person.

    The petitioner’s lawyer assured the committee that the judge would appear before the panel if given another chance to which the committee chair agreed to give her two weeks.

    Adegboye said the committee could ask for extension of time if there was need for it since the ultimatum given its members  expires tomorrow.

    He responded to the allegation of bias against his committee by the Civil Societies Coalition for Emancipation of Osun State, particularly on its composition, in which no lawmaker from the opposition was allowed to be a member.

    The chairman said: “We are capable of doing justice. We know what we are doing. We are not a trial court but a fact-finding committee. This is an ad-hoc committee. We have our names to protect and we still have four years before us.”

  • Hoodlums snatch judge’s briefcase

    Hoodlums snatch judge’s briefcase

    No case has been heard in Court 1 of the Ikorodu Division of the Lagos State High Court since Friday last week. Reason: Justice Olayinka Gbajabiamila was attacked after work last Thursday evening by two assailants. They took away his briefcase containing court documents.

    Sources told The Nation that Justice Gbajabiamila had closed for the day when the incident occurred.

    He was said to have been attacked as he parked his Sport Utility Vehicle (SUV) at the venue of an event.

    “They attacked him just as he got out of the car and was closing the door,” the source told The Nation.”They must have been hanging around.”

    The source continued: “They were two armed men. They threatened him and took his briefcase from the car. It contained several things including files and other court documents. I don’t know if they took other things as well.”

    On the whereabouts of the judge’s orderly at the time of the attack, the source said: “Not all judges have personal orderlies that accompany them everywhere.”

    The judge was not “physically injured” but he was shaken by the experience, the source added.

    The Nation learnt further that since Friday and Monday were public holidays, all his cases since Tuesday were rescheduled by officials at Court 1of his court.

    The cause list for Tuesday showed that there were nine matters before the court: two for judgment, two for ruling, and three for mention. Two were for argument. The court does not sit on Wednesdays.

    It was not known whether the attack was connected to a judgment the honourable justice he was scheduled to give

    The judge may come today to make his quarterly returns even though the courts are on vacation.

  • ‘How a judge asserts his freedom, impartiality’

    It is pertinent to reckon from the onset that the work under review by its title and contents is not just a book simpliciter but a compendium of ‘‘works’’ books, book reviews and comments etc. in a book of many books.

    One was therefore in a fix as to whether to beam one’s attention on the original works of the celebrant or the works of the reviewers and commentators or to dwell more on the publisher’s work.

    By way of a compromise, I had to settle for a  hi- breed of all, or at least some of these identified areas.

    I shall begin from the publishers whose work is the gateway and summarizer of all the other actors.

    Looking at the quality and finishing of the book, one cannot but commend the publisher for a job well done. The book is finely laid out in 420 pages of fine, very sharp, clear and legible prints with apparently the highest quality.

    It is also obvious that the publisher was fairly thorough in ensuring that printer’s devils do not find their way into this unique piece of literary work.

    My final comment on this aspect is reserved to the conclusion of the review.

    Coming to the rea task and reading through the celebrant’s works in this compendium, the very first ready impression that comes to my mind is that they are not accidental at all. This is clearly manifest in the consistency of their quality and the resonance of uncommon judicial courage, deep and clear analytical thinking and a stable and unwavering stance of incorruptibility.

    From the opening chapter, the celebrant brings the reader into his judicial mandate in elevated and savoury language of poetry with the piece by Abou.Ben Adhem. This is quickly followed by his very first ruling in the case of  Felix O .Nnajiofor v. Jerome Okoli-Iloegbu and  Anor  where His Lordship made his debut in and demonstrated the most emphatic manner his avowed devotion to substantial justice as against technical justice. Clear also from this debut is His Lordship’s  penchant for diligence and thoroughness.

    The  selected rulings and judgement compiled highlight very important legal issues in our jurisprudence.

    I must confess that the intimidating avalanche of reviewers who have carved a niche for themselves in the legal profession have assisted so much in making my task less cumbersome. In his review of the celebrant’s, ephocal and landmark decision in Oshiomhole V. INEC, the erudite and amiable Senior Advocate of Nigeria, Dr Onyechi Ikpeazu, OON, SAN who happens to be one of INEC’s regular counsel in election petitions,  after discussing His Lordships judgment in Oshiomole’s case stated thus:

    “The safe recourse which obviously would have guaranteed the warm embrace of the government then in the state, especially Benin City, as well as guaranteed a protected sojourn and glorious exit from that forum and which, would have amply been supported by numerous Supreme Court decisions as to the consequences of conflicting evidence by a witness, would have been rejected by the evidence of PW 47 and thus mark the end of the aspirations of Comrade Oshiomole. However His Lordship did not take the easy protected exit to safety. A judge is permitted to assert his freedom and impartiality within the framework of the law.

    Posterity will salute the courage, honesty, wisdom and integrity that shone through on that historic occasion to deliver justice and by that defining legacy.”

    The foregoing except say it all about the watershed His Lordships Judgement in Oshiomole’s case marked and still marks in the Nigerian Judicial history.

    Hon Justice Peter Obiorah also added his voice to the indelible contributions and innovations of His Lordship in Oshiomole’s case highlighting the following points among others: “Allegation of crime in election matters does not have to be proved beyond a shadow of doubt. A court can accept part of a witness’ testimony and reject others. Use of result charts compiled by a party in an election petition.

    It is also rewarding that His Lordship’s position in that case was vindicated by the Court of Appeal and the Supreme Court.

    His Lordship’s split decision in the case of Peter O. Ikam & anor v Patrick Aisowiene and 4ors also stands out. In this case his position was upheld by the Court of Appeal on the issue of weather extension of time can be granted for application for pre-trial session in election petition. His Lordship was of the view that time ought to be extended.

    It is doubtful today though, in the light of other decisions on the point whether time can be extended for a Petitioner to file application for pre-hearing notice.

    The erudite Professor Epiphany Azinge, SAN as well as other distinguished scholars in their respective reviews of the celebrant’s work also extolled His Lordship’s sterling qualities as a jurist per excellence as amply demonstrated in his judgements and legal works.

    In totality, this work under review is not only a book of books (a law report, text book’ biography etc) but it also deeply mirrors the rare personality of the celebrant revealing a man of consummate erudition, uncommon courage and impeccable integrity.

    I therefore commend the book to all lawyers, legal researchers, judicial officers, law students, politicians and indeed all literary minds as they will surely find it a rich resource material in law and other related areas.

     

    1. V. C. Ozioko is a Senior Lecturer, Faculty of Law, Nnamdi Azikiwe University, Awka.

  • Judge warns parties in land disputes

    Did anyone send thugs to attack people and damage shops on a disputed land at Agunfoye Idiorogbo Village in Igbogbo, Ikorodu, Lagos, on July 2 and 3?

    Nobody did, a Lagos High Court, Ikorodu Division, was told yesterday.

    Speaking before Justice M.A. Savage, the defendants and judgment creditors, including some representatives of the Adeyoruwa family of Agunfoye, Idiorogbo Igbogbo, alleged through their lawyer that the respondents sent heavily armed thugs to the land in defence of a court injunction.

    They claimed that six of the thugs were arrested by the police at Igbogbo Division on July 2 and 3,but were released on the orders of an Assistant Commissioner of Police.

    But, respondents counsel Olatunji Oshikoya denied the allegations, saying the land belongs to his clients.

    Providing pictures to back up his argument, he said no shop of the claimant was destroyed, adding  that those arrested were not party to the proceedings. He urged the court to discountenance the allegations.

    In his ruling, Justice Savage said: “All allegations by the judgment creditor have been denied. The court’s orders must be obeyed.”  He said his orders on the matter subsist, urging the counsels to advice their clients to obey court orders or face the consequences.

    The case was adjourned till October 20.

     

  • N12b currency scam: Judge refuses to disqualify self for alleged bias

    One of the judges trying 22 bankers for alleged N12 billion mutilated currency scam, Justice Olayinka Faji, yesterday refused to disqualify himself from continuing with the trial as sought by two of the accused, Olaniran Muniru Adeola and Toogun Philip.

    The Federal High Court judge sitting in Ibadan, the Oyo State capital, however, granted the accused’s prayer for stay of execution of the ruling denying their bail, but which ordered accelerated hearing of the case pending the determination of the accused’s motion challenging the high court ruling at the appellate court.

    The accused  had filed an appeal against the ruling through their counsel, Mr Olalekan Ojo, on June 26, seeking a stay of execution of the ruling and disqualification of Justice Faji from further trial based on some words used in his ruling which the accused said suggested that he was biased.

    They said it would be difficult for them to get fair hearing before the judge based on some of his pronouncements in the ruling.

    Eight people are standing trial in one of the three cases.

    They are Kolawole Babalola, Olaniran Muniru Adeola, Toogun Kayode Philip, Isaac Akano, Ayodele Festus Adeyemi, Oyebamiji Akeem, Ayodeji Aleshe and Ajiwe Sunday Adegoke,

    The same application is before his brother judge, Justice Nathaniel Ayo-Emmanuel, who is handling three cases.

    After appearances were made for all accused at the hearing yesterday, counsel made oral arguments on the application.

    Delivering his ruling, Justice Faji dismissed Ojo’s first prayer, requesting him to disqualify himself, while he granted an order to stay proceedings pending the determination of the motion before the Court of Appeal on the claim of being biased.

    All the counsel  promised to abide by the decision of the Court of Appeal, except Olalekan Ojo and Otunba Bolanle, counsel for the first defendant, Kolawole Babalola. Barrister Bolanle associated himself with Ojo’s motion before the Court of Appeal.

  • How to conduct election petitions, by judge

    How to conduct election petitions, by judge

    Justice Biobele Abraham Georgewill of the Court of  Appeal has called on the Bar and Bench to observe international best legal practices in the conduct of election petitions.

    He was delivering a keynote address at the Annual Seminar of the Eastern Bar Forum (EBF)  of the Nigerian Bar Association (NBA) at the Multipurpose Hall of the Akwa Ibom  State Ministry of Justice, Uyo

    Speaking on The Bar and Bench in Nigeria: the imperatives of  ethical revolution  in the legal profession, Justice Georgewill said the Bar and the Bench must collaborate.

    “The relationship between the Bar and the Bench is a very unique one, they share a common bond and a symbolic connection whereby one cannot exist without the other.

    “Indeed, the Bench is the product of the Bar. There  cannot be the Bench without the Bar, the Bar is the life giving source  of the Bench and they both make up the legal profession in Nigeria,” he said.

    He urged the profession to do its best to remain above board so as to protect its aura.

    His words: “When you see them garbed in their black gown and white wig, they are the envy of others and they belong to the prestigious club of the legal profession.

    “As members of this club,  they are entrusted with the duty to act as a gauge or a barometer and as watch-dog of the society to ensure that the fundamental rights and liberties of the citizenry are respected and protected so that no man is oppressed.

    “They are to ensure through the instrumentality of the law that rights of citizens who may not be capable of protecting themselves from the oppression of the powerful and mighty are not trampled upon without due legal redress.

    “The legal profession, the Bar and Bench, also carries the sacred duty of ensuring that there is justice, equity and fairness in the land. The Bar does this by championing good causes in the justice, equity and fairness in the land.

    “The Bar does this by championing good causes in the system and using its good knowledge of the law to defend the oppressed. The Bar continues  to fight the good fight for justice to ensure that our society is changed for the better and governed by just laws for a just society.

    “The Bench, on its part, carries out its responsibility by ensuring that justice is rendered to all that are brought or come before it with integrity and without fear or favour, ill will or affection

    “The legal profession prides itself as the learned profession and its members as learned men, learned a little in almost everything and learned most in the law. They are a special breed of professionals, to whom much respect and honour is given and therefore from whom much more is expected by the society. The question is whether the Legal profession in Nigeria is living up to its billing by the society? Is it a thing of bride to belong to the Legal profession in Nigeria today? We shall soon find out.”

    Justice Georgewill said the legal profession encompasses the length and breadth of the administration of law and justice  systems in Nigeria and those involved in it, including the courts and the practitioners of the law.

    According to him, the societal expectations are as essential as the very fabrics necessary for the country’s survival and growth.

    “We must carry out our duties with integrity, honour, commitment to excellence and adopt the best practices in the post election litigations. We must collectively strive to attain justice so that only the true wishes of the peoples of Nigeria in their various states as expressed by their votes is respected.

    “The Bar and the  Bench must shun all acts or perceived acts of corruption and undue influence in all its  ramifications so that our country will march on into glory with integrity and justice as our watch word even in the post election era litigations.

    “The Bar and  Bench must work assiduously to regain the obviously lost confidence of the Nigerian people, who in the past had wondered aloud, and justifiably so, over the unsavoury happenings and the usefulness of post election litigations in this country bedeviled with lack of transparency and integrity.

    “This perception of the Nigerian people against the Bar/Bench must be changed through our conscious efforts to turn things around for good and justice in this year’s post election litigation so as to reduce to nil or the barest minimum all such perceptions of corruption in the judicial process in the post election era,” he said.

    Chairman of the Governing Council of EBF, Chief  Ogbonna Igwenyi,  explained why the seminar was organised.

    “Since 2012, the EBF has always organised a seminar on topical issues of the day with a view to keeping members and the entire society abreast with developments on contemporary issues affecting everybody in the society,” he said.

    He praised his predecessor, theBayelsa State Attorney-General  and Commissioner for Justice Mr. Kemasuode Wodu for his legacies  in the forum including nurturing the annual seminar and Dinner.

    Igwenyi  thanked Imo State Governor Owelle Rochas Anayo Okorocha for his support to the forum especially,  his donation of a piece of land for the construction of the EBF headquarters.

    He also praised the forum’s founding fathers for their continued assistance to the association.

    Former President of the NBA, Okey Wali (SAN), former General Secretary of the association, M. Emeka JP Obegolu and  Mr. Chidi Anyaegbu, Chief Executive Officer of Chisco Transport were honoured at the occasion for their contributions to the development of the NBA and socio-economic development of the country.

  • Osun APC advises judge to resign

    Osun APC advises judge to resign

    The All Progressives Congress (APC) in Osun State has advised Justice Olamide Folahanmi Oloyede to resign from the  High Court, instead of “ganging up with the opposition to destroy the government of which she is an integral part”.

    The party was reacting to a petition forwarded to the House of Assembly by Justice Oloyede, demanding the impeachment of Governor Rauf Aregbesola and his deputy, Mrs. Titi Laoye-Tomori, for unpaid salaries and pensions.

    In a statement by its Director of Publicity, Research and Strategy, Kunle Oyatomi, the party described the petition as “a gross abuse of the privileges of her office for the judge to use the platform of the state’s judiciary to mount open and destructive challenge against her boss”.

    The party said: “The ethics of her status in this government prohibits such frontal challenge. If she is determined to bring down the Aregbesola government as her petition so clearly indicates, it will be dishonorable of her to remain in government. She is, therefore, advised to resign immediately so that she will be free to pursue her delight outside the platform of government.

    “Whereas? the judge, as a free citizen, has rights to express herself on matters affecting the country and her environment but as a judge of the state High Court, she is ethically and morally restrained from making pronouncements that would be prejudicial to the administration of justice.

    “The judge’s petition was significantly flawed because it is a bogus rehearsal of all the baseless allegations made by the PDP against the Aregbesola administration.”

  • Suspected kidnappers free Kogi judge

    Suspected kidnappers yesterday freed a Kogi State High Court judge, Justice Samuel Obayomi.

    A source told our correspondent that the judge, who was kidnapped about a month ago on his way to Ebogogo High Court in Adavi Local Government, where he presides, was freed yesterday morning.

    Although his abductors demanded N150million ransom, it could not be confirmed if the money was paid.

    On the day of his kidnap, his police orderly, Cpl. Usman Musa, was shot dead.

    Police spokesman ‘Sola Collins Adebayo confirmed that the judge had been freed.

    Pressed for details, he pleaded for time, urging our correspondent to call back.