The Nation Newspaper

Tag: Justice Gabriel Kolawole

  • Judge orders DSS’ DG to produce Suswam in court

    Judge orders DSS’ DG to produce Suswam in court

    …Ex-governor’s absence stalls planned arraignment on a fresh charge

     

    Justice Gabriel Kolawole of the Federal High Court in Abuja has ordered the Director General of the Department of State Services (DSS), Lawal Daura to ensure the production of former Beunue State governor, Gabriel Suswam before his court on May 11.

    The order by the judge was necessitated by the failure of the DSS, in whose custody Suswam was currently being kept, to produce him Tuesday in court for arraignment on a fresh 32-count charge marked: FHC/ABJ/CR/48/2017, bought against him and two others by the office of the Attorney General of the Federation (AGF).

    Suswam, former Finance Commissioner in the state, Omodachi Okolobia and Benue State Government House Administration’s Accountant, Janet Aluga (named in the fresh charge filed March 27) are accused among others, of diverting the sum of N9.79billion, part of which was meant for Police Reform Programme and Subsidy Reinvestment and Empowerment Programme (SURE-P).

    Of the three defendants, only Suswam was absent in court when the case was called Tuesday. And, upon enquiry by the judge why the ex-governor was absent, lead prosecuting lawyer, Aliyu Akilu told the court that Suswam was being detained by the DSS, but that he was aware of the day’s proceedings and allegedly chose not to attend court.

    Akilu said:“The 1st defendant is on administrative bail granted him by the police.  But he is currently in the custody of the DSS. We made effort to serve him with the charge there, but he refused. We decided to serve his lawyer, who is in court today.

    He ((Suswam) is aware of today’s proceedings. We wrote him, but he refused to attend court. The provision of Section 87 of the Administration of Criminal Justice Act (ACJA), the court can compel his presence. We asked the court to exercise that power,” Akilu said.

    Akin Adedeji, who said he appeared for Suswam in protest, faulted the prosecution’s decision to serve the charge on his office as against the requirement that a defendant must be served in criminal cases personally.

    Adedeji said:”By 2pm Tuesday, two officers of the Nigerian Police walked into our office, seeking to serve a charge on us, in relation to this case. We accepted the charge out of respect for this court.

    “That we are representing the 1st defendant in another case did not mean he will engage us to represent him in this. Section 36(c) of the Constitution says, upon service of a charge on a defendant, he has a right to brief any legal practitioner of his choice. The 1st defendant has been in the custody of the DSS since February 25,” Adedeji said.

    Lawyer to Oklobia and Aluga, David Iorhemba noted that since the case was a joint trial, it was impossible for the court to conduct proceedings in the absence of the 1st defendant. He sought an adjournment.

    After listing to the lawyers, Justice Kolawole said since Suswam was being held by the DSS, the prosecution should serve a copy of the charge on the Legal Department of the DSS for onward delivery to the 1st defendant.

    The judge further directed the Director General of the DSS to ensure that the ex-governor is brought to court on the next adjourned date (May 11) to enable him answer to the charge pending against him, if he is not released before then.

    A similar scenario played out on March 28 this year when DSS’s failure to produce Suswam stalled proceedings in another case involving him and Oklobia before Justice Ahmed Mohammed (also of the Federal High Court, Abuja).

    Suswam and Oklobia are, in the case, being prosecuted by the Economic and Financial Crime Commission (EFCC) for allegedly diverting N3.1billion belonging to Benue State Government. 

    The DSS’ refusal to produce Suswam forced Justice Mohammed to adjourn the case to May 9.

  • Court refuses Wike’s prayer to stop probe of ‎Rivers re-run violence

    Court refuses Wike’s prayer to stop probe of ‎Rivers re-run violence

    • Justice Kolawole orders IGP others to show cause on Jan 30
    Governor Nyasom Wike of Rivers State failed yesterday in his bid to restrain the Inspector General of Police (IGP), Ibrahim Idris from investigating complaints, allegations, petitions of crimes and various acts of criminality during December 10, 2016, re-run elections in the state.
    Justice Gabriel Kolawole, in a ruling on Monday, rejected an ex-parte motion by Wike, which was argued by his lawyer, Mike Ozekhome (SAN).
    Justice Kolawole said some constitutional issues regarding the powers of an executive governor of a state were raised in the motion and needed to be addressed.
    The Judge refused Wike’s request for an order setting aside the IGP’s letter to Wilke dated December 20, 2016.
    Instead, Justice Kolawole ordered that the defendants – the IGP, the State Security Service (SSS) and a Deputy Commissioner of Police, Damian Okoro – to appear before him on January 30, 2017, to show cause why the relief sought by the Governor should not be granted.
    Wike had urged the court for an order of interin injunction restraining the defendants or their agents from enforcing or executing the matters contained in the letter written to governor him by the IGP on December 20, 2016.
    The IGP in the said letter titled, “Investigation into allegations of crimes committed during the last rerun elections in Rivers state,” said the, “purview of the investigation will cover allegations of bribes taken, several brazen murder incidents (including that of serving Police Officers), reports of gross human rights abuses, acts of sabotage/terrorism, kidnapping for ransom and ballot box snatching, all of which were perpetrated in connivance with several federal and state civil servants as well as highly placed politicians within and outside the state”.
    The letter also requested the Governor to furnish the police investigative team with all necessary information and exhibits that may assist the team in the investigation.
    Ozekhome had, while arguing the motion yesterday, told the court that the action of the police to constitute a panel to investigate the crisis that trailed the rerun elections in Rivers state was illegal, unlawful, unconstitutional and null and void.
    He said it will be in the interest of justice for the court to set aside the IGP’s letter to governor Wike and direct the Police boss to await the outcome of the commission of inquiry set up by the governor.
    Ozekhome noted that the terms of reference of the panel of investigation set up by the police clearly suggest that the goal of the intended investigation is already pre-determined and biased or likely to be biased against Wike, having regard to the numerous conclusions already reached in the said letter.
    He argued that the intention of the police was to produce “a predetermined damning report” against Wike through the medium of the Commission of Inquiry.
    He added that “the defendants are working from the answer to the question with the predetermined objective of convicting the 2nd plaintiffs (Wike)”.
    Ozekhome argued that, with conclusions already drawn and reached by the police, without hearing from Wike, the IGP has already “convicted” the governor unheard.
    He added that the IGP was merely using the supposed investigation as a smokescreen and rubber stamp to give credence to the governor’s (2nd plaintiff) guilt.
    He prayed the court to set aside the letter by the IGP and direct the Police should await the outcome of the committee of inquiry already set up by Wike.
    A staff in Ozekhome’s law firm, Harrison Obi said, in a supporting affidavit that the actions of the security personnel were caught on video and presented to Nigerians and the whole world by various reputable television stations.
    He said after the election, governor Wike set up a commission of inquiry to look into the immediate and remote causes of the evidence that trailed the conduct of the elections, with a view to avoiding a similar occurrence in subsequent elections and punishing the perpetrators of the act.
    Obi said the commission of inquiry was set up under the Commission of Inquiry Law, Cap 30, Laws of Rivers State, which only governor Wike, as the Chief Security Officer of the state is legally empowered to constitute.
  • Ndume’s trial: Court adjourns till February

    Ndume’s trial: Court adjourns till February

    Justice Gabriel Kolawole of the Federal High Court, Abuja, on Monday, adjourned the hearing in  Sen. Mohammed Ndume trial till February 2nd.

    In his ruling, Justice Kolawole ordered the prosecution to pay the cost for filing an application out of time.

    At the resumed hearing, the prosecuting counsel, Mrs Chinyere Emezina, told the court that there was a pending motion filed and dated January 13 before the court.

    Emezina urged the court to hear the motion in order to continue with the trial.

    The defence counsel, Mr Rickey Tarfa (SAN), however, did not oppose the application, but rather urged the court for the cost of the Late filing of the motion.

    It would be recalled that Ndume, was arraigned in 2011 on a four-count charge for allegedly sponsoring the violent Boko Haram sect.

    The offence Contravened Sections 3(b), 4(1) (a) and 7(1) (b) of the Terrorism Prevention Act.

  • Court orders immediate release of El-Zakzaky

    Court orders immediate release of El-Zakzaky

    The Federal High Court, Abuja, has ordered the unconditional release of Ibrahim El-Zakzaky, leader of the Shiite sect in Nigeria, and his wife, Malama Zeatudden, from detention,  within 45 days.

    The court also ordered the Federal Government to provide a new accommodation for El-Zakzaky in Zaria or any northern town of his choice.

    The court, presided by Justice Gabriel Kolawole, also awarded El-Zakzaky and his wife N50 million as general damages.

  • Judge faults EFCC’s arrest, detention procedures

    Justice Gabriel Kolawole of the Federal High Court, Abuja has faulted the procedures being adopted by the Economic and Financial Crimes Commission (EFCC) in arresting and detaining suspects.

    The judge said it was wrong for the EFCC to arrest suspects before or during investigation.

    He also said the practice where the EFCC procures remand orders from Magistrates Courts, in cases on which they lacked jurisdiction was unlawful.

    Justice Kolawole also declared unlawful and a violation of the provision of the law establishing it, where the EFCC freezes a suspect’s account without an order of court.

    “The practice of arrest before trial is not only absurd; it is a corruption of the due process of law and Constitution. The earlier the Magistrates Courts and other lower courts realised that they are being used to subvert the Constitution the better,” the judge said.

    He added: “It is as a result of incidents, such as this, that make the Judiciary to be opened to public ridicule and opprobrium of issuing black market orders of remand by courts, who ex-facie (on the face of it), lack the jurisdiction to try the offences being investigated.

    “And these are, in my view quite unfortunate. The statutory agencies seem to side-track the obligations and rights created by the Constitution to protect citizens’ fundamental rights from being abused and violated,” the judge said.

    Justice Kolawole spoke in a judgment he delivered yesterday in a fundamental rights enforcement suit filed by Abdulazeez, a serving senator and son of former governor of Adamawa State, Murtala Nyako.

    The Chief Judge of the High Court of the Federal Capital Territory (FCT), Abuja, Justice Ishaq Bello had, on January 12, 2016, faulted the practice where Magistrates grant remand warrant in relation to cases on which they lacked the jurisdiction to entertain. He directed magistrates in the FCT Judiciary to desist forthwith from granting remand orders to investigating agencies in such instances.

    Justice Kolawole, in the judgment Wednesday, did not comment on the constitutionality or otherwise of the provision of Section 293 of the Administration of Criminal Justice Act (ACJA) 2015, which allows magistrates to remand suspects on holding charge for a maximum of two weeks in situation where the prosecution required time to tidy up its case.

    He said the practice was a “jaundiced interpretation” of the Supreme Court’s decision in the case of Lufadeju vs. Johnson in SC/247/2001, where the Supreme Court upheld the powers of the Magistrates Courts to issue remand warrants even where they lacked jurisdiction to try the offences charged.

    Abdulazeez, who is currently standing trial (before another judge of the Federal High Court, Abuja), with his father and some others on money laundering related offences, was arrested by the EFCC on February 12, 2015 and released on February 17, 2015. His account, frozen by the commission since July 14 of 2014, is yet to be released till date.

    The applicant argued that his detention for three days without being taken before any court was a violation of his right to personal liberty as guaranteed under Section 35 of the Constitution.

    Justice Kolawole, who held that EFCC had a justifiable reason to have arrested the applicant, found that the detention of Abdulazeez by the EFCC for three days, without taking him before a court of competent jurisdiction was a breach of the provision under Section 35 of the Constitution.

    He held that the decision by the EFCC to deploy its administrative powers to freeze the applicant’s bank account since July 14, 2016, without obtaining a court order to that effect, was a violation of the provision of the EFCC Establishment Act.

    Justice Kolawole noted that the respondent (the EFCC) did not furnish his court with information of the outcome of its investigation of the allegations against the applicant, and whether or not charges have been filed against him.

    He said the pendency of the suit before his court was not sufficient to restrain the EFCC from taking further steps in the case. He said all the respondent was required to do was to inform the court of its intention to file charges.

    Justice Kolawole awarded N12.5million in exemplary damages against the EFCC and in favour of the applicant.

  • Boko Haram: Judge says Fed Govt ‘unserious’ on Ndume’s trial

    Boko Haram: Judge says Fed Govt ‘unserious’ on Ndume’s trial

    Justice Gabriel Kolawole of the Federal High Court, Abuja has expressed displeasure over the unserious manner the Federal Government was handling the prosecution of Senator Mohammed Ali Ndume.

    The judge, in a ruling yesterday, refrained from dismissing the case, but warned the prosecution not to take “the patience and magnanimity being shown by the court” for granted.

    Ndume, a serving senator from Borno State, is facing terrorism related charges before the court.

    He was arraigned before Justice Kolawole on December 12, last year, on a four-count charge by the Department of State Services (DSS).

    He was accused of sponsoring the Boko Haram sect and failing to provide information about the sect’s operations.

    Yesterday, the prosecution, which had called about three witnesses in the trial, was absent.

    It was to call more witnesses in continuation of the case.  The development prompted lead defence lawyer, Rickey Tarfa (SAN), to apply that his client be discharged and the case dismissed on the ground that it seemed the state was unwilling to proceed with the case.

    Tarfa contended that if the accused person and his lawyer could make it to court despite the transportation crisis created by the blockage of most roads in Abuja yesterday over President Goodluck Jonathan’s campaign event, the prosecution, whose office was next to the court house, has no excuse staying away.

    Ruling, Justice Kolawole said:”The prosecution team was in court on the last date when this case came up for ruling and were aware of today’s adjournment. Surprisingly, they are not here today and no letter was addressed to the court to explain why none of the state counsel, who have been appearing in this case, was in court today.

    “Although I acknowledge that virtually all roads that lead to the Federal High Court have been blocked by security operatives on account of an event which is scheduled to hold at the Eagle Square, but the accused person and counsel are in court.

    “The Federal Ministry of Justice, where the prosecution comes from, is the next building to this court complex. By this fact, there is nearly no justifiable reason why the prosecution is not in court today.

    “The case is already part heard and it is the prosecution that is still fielding its witnesses. That is, there is no way any meaningful proceedings can be undertaken without the prosecution and any of its witnesses.

    “Let me put it on record that I am not satisfied and pleased with the lackadaisical attitude of the prosecution in this case. If the prosecution no longer has any witness to field, it can apply to close its case and may even throw in the towel, if for any reason, the will to further prosecute the charge against the accused person is no longer there or has waned.”

    He refrained from either closing the prosecution’s case or dismiss the charge, as prayed by the defence lawyer.

    Instead, he warned that “the patience and magnanimity being shown by the court should not be taken for granted, as the court has the obligation to do justice to all the parties; fair trial to the accuse person and fair hearing to both parties.

    “In this circumstance, the date earlier fixed for this week, are hereby vacated. Case is adjourned to January 29, 2015, for continuation of trial.”

    Meanwhile, court activities were disrupted in most parts of the Federal Capital Territory, Abuja yesterday owing to the inability of lawyers, litigants and court officials to access courts in view of the transportation crisis caused by the campaign event held by President Jonathan at the Eagle Square, located in the heart of the city.

    As early as 7a.m, movement on most major roads leading to the city centre was restricted by a team of gun-wielding soldiers, policemen and other security men.

    Most courts within the Federal High Court complex, located on the same Shehu Shagari Way that leads to the Eagle Square, could not conduct proceedings because most court officials could not access their offices.

    Similar scenario played out at the nearby headquarter building of the High Court of the Federal Capital Territory (FCT). Most lawyers and litigants, who could  make it to court, were disappointed on learning that courts would not sit.

     

  • Judge refuses to hear Sanusi’s suit over suspension

    Judge refuses to hear Sanusi’s suit over suspension

    Justice Gabriel Kolawole of the Federal High Court, Abuja held yesterday that his court lacked the jurisdiction to hear the suit filed by suspended Governor of the Central Bank of Nigeria (CBN) Lamido Sanusi.

    Sanusi filed the suit against President Goodluck Jonathan, the Attorney-General of the Federation (AGF) and the Inspector-General of Police (IGP), challenging his suspension as the nation’s apex bank’s governor by the President.

    Justice Kolawole, in a judgment yesterday, upheld the objection by the defendants and held that the case related to labour and employment dispute over which the NIC has exclusive jurisdiction.

    The judge held that, as against Sanusi’s contention that he is not an employee of the Federal Government, but of the Central Bank, and as such the case could not be described as an employer-employee dispute, he (Sanusi) is an employee of an agency of the Federal Government, which could be subjected to the control of the President.

    “Once it is established that the CBN is an agency of the Federal Government of Nigeria, it goes without saying that he is by extension an employee of the Federal Government of Nigeria,” the judge held.

    Justice Kolawole further held that his court could not hear Sanusi’s case because his appointment has statutory flavour, made in accordance with the CBN Act, as against that with constitutional flavour, made pursuant to constitutional provisions, and on which the Federal High Court could adjudicate.

    The judge held that it was only public officers, whose tenure and appointments are specifically mentioned in the Constitution that could approach the Federal High Court for such judicial interpretation as requested by Sanusi in his case.

    “The plaintiff’s application is rooted in the CBN Act 2007 and rooted and not in the Constitution. In view of the conclusion, which has been inevitably reached, the Federal High Court has no jurisdiction to entertain the case, causes and action of a plaintiff as an employee of a statutory body like CBN.”

    The judge further held that by the provision of Sections 251(1) and 254(c) of the Constitution the proper forum for the hearing of Sanusi’s suit was the National Industrial Court.

    The judge, relying on Order 56 Rule 3 of the Federal High Court (Civil Procedure) Rules, 2009 and Section 24(3) of the NIC Act, 2006, elected to transfer the case to the NIC as against the defendants’ prayer that the suit be dismissed.

    “In conclusion, the plaintiff’s case is hereby transferred to the National Industrial Court subject to Section 24 (3) of the National Industrial Court Act 2006 and shall be heard and determined on the direction of its President in accordance with the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as other relevant and enabling Acts as a matter of utmost urgency,” Justice Kolawole ruled.

    The judge said he would refrain from deciding the substantive suit on its merit so as to be fair to the NIC which he said was entitled to hear the case afresh and to avoid making any pronouncements that could deny justice to any of the party at the NIC.

    He urged the NIC to determine the case promptly in view of the fact that the plaintiff’s tenure as the CBN governor officially expires on June 1.

    He struck out IGP’s name from the suit on the ground that the plaintiff failed to disclose any cause of action against him.

  • Trial of Mali-based suspected terrorist stalled

    The absence of Justice Gabriel Kolawole of the Federal High Court on Wednesday in Abuja stalled the trial of Mukhtar Ibrahim, an alleged Mali-based Boko Haram member.

    The News Agency of Nigeria learnt from court officials that the judge had travelled out of Abuja on an official duty.

    However, another court official told those who came for the case that the matter had been adjourned till June 10 for more prosecution witnesses to be invited to give evidence.

    Kolawole had earlier fixed May 8 and May 9 for the prosecution to bring in three of its star witnesses to give evidence.

    NAN recalls that a witness, Mr. Isaac Yahaya, of the National Intelligence Agency (NIA), had said the accused person was arrested at the Mali-Niger Republic border on December 2, 2011.

    He said that Ibrahim was later handed over to the Nigerian authorities in Konne-Illela, Sokoto State, on December 7, 2011.

    NAN also recalls that the 23-year-old accused person is standing trial on terrorism charges.

    The prosecution had submitted that the accused person was an active member of the Boko Haram sect.

    It had further alleged that Ibrahim specialised in training other Boko Haram members in places outside the country.

    According to the prosecution, Ibrahim who operates between Nigeria and Niger Republic also deals in the importation of explosive materials and other related arms.

    NAN reports that the accused person is liable to a life sentence if found guilty as charged.

     

  • Abuja bombing ‘accomplice’ sentenced to life imprisonment

    Abuja bombing ‘accomplice’ sentenced to life imprisonment

    …To get parole after 32 years

    The Federal High Court on Friday sentenced an accomplice in the October 1, 2010 suicide bombing in Abuja, Edmund Ebuware, to life imprisonment.

    The News Agency of Nigeria reports that the convict would upon good conduct enjoy a parole subject to the approval of the president after serving 32 years in jail.

    Delivering the judgment, Justice Gabriel Kolawole, held that the prosecution was able to prove the allegations against the convict beyond reasonable doubt.

    Kolawole said the convict’s defence was inconsistent with the facts contained in his statement.

    “It is clear from the facts before the court that Ebuware did have the information on the planned bombing of Abuja on October 1, 2010 but kept it away from the authority.

    “It was also confirmed from the series of record of call logs before the court as exhibit clearly shows that the convict had fore-knowledge of the blast.

    “You Edmund Ebuware, charged for treasonable felony under Section 40 of the Criminal Code for the role you played in the unfortunate bombing of innocent persons on October 1, 2010 is hereby found guilty as charged.

    “You are, therefore, committed to a maximum life imprison but shall by good conduct subject to the approval of the president granted a parole after serving 32 years.

    “I am aware of the fact that the second leg of the pronouncement is not yet part of the country’s practice but we hope that this decision will ignite an amendment of that part of the law to give room for parole.

    “I am moved to give you a succour to enjoy a parole because of your young age, wife and your very young family.

    “This should be a lesson to young people who are bent on destroying our country through terror act.

    “I view you as a young man who is in a hurry to become relevant in our complex society,’’ Kolawole said.

    NAN further reports that others charged with the bombing were Charles Okah and Obi Nwabueze, while the fourth accused, Tiemkemfa Osuvwo, died in Kuje prison on March 2, 2012.