The Nation Newspaper

Tag: Justice John Tsoho

  • Biafra: Release Nnamdi Kanu now – Utomi, Soludo

    Biafra: Release Nnamdi Kanu now – Utomi, Soludo

    Former Governor of the Central Bank of Nigeria, Professor Chukwuma Soludo, and President of the Lagos Business School, Professor Pat Utomi, on Tuesday, demanded the immediate release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

    The Professors made this known at a media briefing in Abuja under the aegis of the Nzuko Umunna, a group of Igbo professionals.

    Similarly, they condemned the alleged killing of IPOB members in the south-east and urged states where the alleged killings took place to set up a panel of inquiry in their various states.

    Recall that the pro-Biafra leader was arrested on October 14, 2015, in Lagos and has been held in prison since then, despite various court orders that ruled for his release.

    The call for his release followed a series of protests, including that of members of the IPOB in Southeast Nigeria during the inauguration of the President of the United States of America, Donald Trump.

    However, in January 2016 ruling, Justice John Tsoho of the Federal High Court in Abuja had declined to release the detainee on bail.

    The court also denied bail to two other pro-Biafra agitators, Benjamin Madubugwu and David Nwawuisi, who are facing trial with Kanu.

    The All Progressives Grand Alliance (APGA) had also called for his release, based on the court rulings which granted him bail on three occasions.

    The National Chairman of APGA, Mr Victor Oye, asked the government to obey the rule of law in the prosecution of the case.

  • Court orders Umar to sign N50m bond before foreign trip

    Court orders Umar to sign N50m bond before foreign trip

    Justice John Tsoho of the Federal High Court, Abuja Tuesday granted permission to a former ex-member of the Presidential Committee investigating procurement of arms and equipment in the Armed Forces, retired Air Commodore Mohammed Dikko Umar to travel to South Africa for two months on medical ground.

    The judge however said he must first sign a bond of N50million in the name of the court’s Registrar before his seized international passport could be released by the court to serve as guarantee that he will return to face his on-going trial.

    Justice Tsoho, in a ruling on an application by Umar for leave to travel to Sandton, South Africa on medical grounds, held that he was convinced that there was the need to allow the applicant attends to his health to enable him to be fit to stand trial.

    The judge rejected the objection raised by the prosecution lawyer, Shuaibu Labaran, but said he was convinced, based on a medical report from the National Hospital, Abuja, that Umar needed medical attention, which is not available in Nigeria and West Africa.

    The medical report, labelled “Exhibit A2”, dated February 14, 2017, was signed by Dr. Bello Abubakar Mohammed, a Senior Consultant in Clinical Oncology.

    The judge said: “In my humble opinion, the exhibit constitutes material evidence of the applicant’s medical condition, requiring urgent medical attention outside Nigeria and West Africa. Paragraph 5 of Exhibit A2 specifically says that investigation and treatment options for the applicant are not available in Nigeria and even in West Africa.

    “It is instructive that Exhibit A2is from the National Hospital, Abuja, which is supposed to be a reputable and prestigious government-owned tertiary health institution in Nigeria. Therefore, a document emanating from it should command some credibility.

    “While the respondent, in its counter-affidavit and written address, maintained that the applicant’s assertion is untrue, it has not produced any evidence to contradict of discredit that furnished by the applicant, especially the documentary evidence.

    “In the circumstance, I am more disposed to accepting the position presented by the applicant. Given the circumstance of this application, I find it apt to endorse the sentiment that it is a healthy person, and indeed, a living person that can stand trial.

    “I therefore do not see what the respondent stands to gain if the applicant should become medically incapacitated with the result of his trial being truncated.

    “Rather than have such a situation, I honestly believe that it is better the applicant gets the opportunity to receive medical attention in the hope that he will be physically and mentally fit to stand trial to the end even though some delay may be experienced,” Justice Tsoho said.

    He adjourned to May 18 for the commencement of trial.

    Umar and his company, Easy Jet Integrated Services Limited are being tried on a four-count amended charge of money laundering and unlawful possession of firearms and official documents.

    Umar and his company are accused of conspiracy and accepting $1,030,000 in cash from a firm, Worldwide Consortium PTY Ltd, “as payment for flight services without going through a financial institution as required by law.

    They have, by so doing, committed money laundering, contrary to sections 18 (a) and 16(1)(d) of the Money Laundering Act 2011 and punishable under Section 16(2)(b) of the Act.

    Umar was accused of being in illegal possession of two pump action guns (marked: SBSG Magnum 397 and SBGS Interpress 09-1573) between June 1, 2011 and June 19, 2016 without valid licenses and thereby committed an offence contrary to Section 4 of the Firearms Act 2004 and punishable under Section 27(1)(b)(i) of the act.

    He was also accused of having at his No: 4 Lungi Close, Mississippi, Maitama, Abuja home “classified/official documents without lawful authority and thereby committed an offence contrary to Section 1(1)(b) of the Official Secret Act and punishable under Section 7(1)(a) of the same Act.”

     

  • Three hard drug traffickers get 15 years in jail

    Three hard drug traffickers get 15 years in jail

    Three drug traffickers are to spend the next 15 years behind bars, a court ruled in Lagos on Monday.

    A Federal High Court which handed down the verdict said the trio — Bukola Adeoye, 24; Muyideen Ipumafayi, 35; and Alani Babaraji, 30 — were convicted following their guilty pleas.

    The judge, who gave the convicts an option of N5 million fine each, are to spend five years each.

    They were arraigned by the National Drug Law Enforcement Agency (NDLEA) on three separate charges bordering on trafficking in hemp.

    Adeoye was first arraigned on March 6, 2013, before Justice John Tsoho and had pleaded not guilty to the charges.

    However, Tsoho was transferred from the Lagos Division of the court, while Justice Mojisola Olatoregun, took over as the new trial judge.

    On February 1, Adeoye opted to change her plea and pleaded not guilty; she was re-arraigned and remanded in prison while the court adjourned proceedings for a review of facts.

    The prosecutor said she was arrested at Ejigbo in Lagos with about 12.15 kg of cannabis sativa (hemp).

    Ipumafayi was arrested on December 7, 2016, along the Lagos-Ibadan Expressway for also transporting about 10.4 kg of hemp.

    He was arraigned on January 26 and had pleaded guilty to the charges while the court also adjourned for a review of facts.

    Babaraji was arrested on November 29, 2016, at an uncompleted building at the Ijegun area of Lagos for dealing in 1.1kg of Cannabis and was arraigned on Jan. 26 and pleaded guilty to the charge.

    At the resumed hearing of the case on Friday, the Prosecutor, Mr Jeremiah Aernan, reviewed the facts of the cases and tendered evidence before the court.

    He tendered a statement of the convicts, a request for scientific aid form, as well as exhibits.

    Delivering her judgment, Justice Olatoregun, found the trio including a woman guilty of the offences as charged.

    She sentenced Adeola, Ipumafayi and Babaraji to a term of five years imprisonment each which will run from the date of judgment.

  • Court to INEC chairman: Come for contempt proceedings

    Justice John Tsoho of the Federal High Court in Abuja on Monday ordered the Independent National Electoral Commission (INEC) and its Chairman, Prof. Mahmood Yakubu, to appear in court and answer contempt proceedings against them.

    Justice Tsoho gave the order while ruling on arguments on whether or not the physical presence of INEC and its chairman was necessary for the court to determine the contempt proceedings initiated against them by Ejike Oguebego and Chuks Okoye – Chairman and Legal Adviser of the Peoples Democratic Party (PDP) in Anambra State.

    The judge rejected the argument by lawyer to INEC and Yakubu, Adegboyega Awomolo (SAN), that the nature of the contempt proceedings against his clients was civil and could be determined without their physical presence.

    Justice Tsoho said whether civil or criminal, contempt proceedings are always quasi-criminal, which required the physical presence of the alleged contemnor in court for him/her to be heard on whether or not the order of committal should be made.

    Relying on the provisions of Order 9 Rule 14 of the Judgment Enforcement Rules, Justice Tsoho said it was the duty of the court’s Registrar to issue and serve Forms 48 and 49 on parties in disobedience of court’s order for them to attend court, failing which a bench warrant may be issued against the alleged contemnors  to attend court and show cause why order of committal should not be made against them.

    “I hold that the alleged contemnors are under obligation to appear before this court to show cause why an order of committal should not be made against them,” the judge said.

     

  • Court dismisses Kanu’s application

    Court dismisses Kanu’s application

    A Federal High Court, Abuja, has dismissed the application of leader of the Indigenous People of Biafra, Nnamdi Kanu, seeking for stay of proceedings pending determination of his appeal.

    Kanu had approached the appellate court challenging the earlier decision of the court which upheld the prosecution’s request to shield their witnesses from members of the public during trial.

    The judge, Justice John Tsoho, held that the application for stay of proceedings lacked merit and ordered that the trial would proceed in the mode earlier directed by the court.

    Kanu and his co-defendants are standing trial on a six-count charge of treasonable felony, unlawful possession of firearms and other offences bordering on their agitation for secession ‎of the Republic of Biafra from Nigeria.

    Tsoho relied on provisions of Section 306 of the Administration of Criminal Justice Act, 2015, which prohibits courts from entertaining a motion for stay of proceedings with respect to criminal cases.

     

    Contrary to the contention by Kanu’s lawyer, Chuks Muoma (SAN), Tsoho held that the provision of Section 306 of ACJA could not deny an accused person fair hearing.

    The judge held that the provision of the ACJA was to enhance the right to speedy trial guaranteed an accused person in the constitution.

    “Section 306 of ACJA removes hitches to speedy trial which is component of fair hearing,’’ Tsoho held.

    The judge also distinguished the trial of the Biafra agitators from that of the Senate President, Dr Bukola Saraki.

    In Saraki’s case, the Supreme Court last year, after the advent of the ACJA, granted ‎an order for stay of proceedings in his trial before the Code of Conduct Tribunal.

    Tsoho held that the prevailing circumstances informing the decision of the Supreme Court to grant stay of proceedings in Saraki’s case was not available in the instant case.

    He said in Saraki’s case the issue of whether the cases entertained by the CCT were criminal in nature or not was still to be determined by the Supreme Court was not available in the case before him.

    ‎He explained that it was not in doubt that the Federal High Court had jurisdiction to hear criminal cases.

    “It is moreso, given that the application for stay of proceedings is not founded on lack of intrinsic jurisdiction of this court but on mode of procedure to be adopted in the trial.’’

    The court after dismissing the application held that the trial would proceed in the mode he had earlier directed on March 7 which was to shield them from the public but not to wear masks.

    The case was adjourned till June 20 to June 23 for trial.

  • Man jailed 20 years for cocaine trafficking

    The Federal High Court in Lagos on Tuesday sentenced a man, Ifenna Emmanuel, to 20 years imprisonment for attempting to export 1.2 kilogrammes of cocaine to China.

    Justice John Tsoho convicted him on a one-count charge filed against him by the National Drug Law Enforcement Agency (NDLEA).

    The convict was arrested at the Murtala Mohammed International Airport on July 1, 2012 during outward clearance of passengers to China.

    He pleaded not guilty when he was arraigned on December 18, 2012, and was granted bail.

    However, he jumped bail, and refused to attend trial for about a year until he was re-arrested in Port Harcourt through the help of his brother who stood surety for him.

    His offence, NDLEA prosecutor Oigoga Ichakpa said, violated Section 11 (b) of the NDLEA Act of 2004.

    Justice Tsoho ordered that the $1,000 recovered from the convict be forfeited to the Federal Government should there be no appeal against the judgment within 90 days.

    He further directed that Emmanuel’s passport be withdrawn, and that all drugs recovered from him must be destroyed if the judgment is not appealed against.

    Justice Tsoho faulted a medical report that was tendered by the defence counsel to show that the convict was seriously ill and was suffering from severe abdominal pain.

    According to the judge, he had ordered the prison authorities to produce a medical report on Emmanuel’s health condition in June, but the order was not obeyed.

    “The prison has not complied with that order as to the medical reports,” he said, adding that it was curious for the same prison to issue a medical report to the defence at the point of judgment.

    The judge said the fact that the convict jumped bail, and was paid in dollars for the cocaine traficking, showed that he deserved no mercy despite claims that he has “a long standing history of severe upper abdominal pain.”

    He, therefore, sentenced Emmanuel to 20 years jail term, which he said would take effect from the day he was re-arrested.

  • Lawyer wants FRSC chief jailed ‎for ‘disobeying’ court’s order

    A lawyer, Mr. Tope Alabi, has initiated contempt proceedings against the Federal Road Safety Corps (FRSC) Chief Executive, Boboye Oyeyemi, for allegedly disobeying a court order barring the corps’ imposition of fines on motorists.

    The Federal High Court in Lagos on September 26 last year nullified FRSC’s powers to fine motorists for violating traffic rules.

    Justice John Tsoho held that only a court of law can pronounce a motorist or driver guilty of violating traffic rules and order them to pay a fine.

    The judge, who delivered the verdict in a suit filed by Alabi, said FRSC is not empowered to impose fines under sections 10 (4) and 28 (2) of the FRSC (Establishment) Act 2007 because it is not a court.

    According to the judge, FRSC can arrest motorists for traffic offences, but it must take them to mobile or other courts which have the powers to punish traffic offenders.

    However, Alabi is contending that FRSC officials have not complied with the judgment which he said is yet to be set aside by the Court of Appeal.

    Besides, he said FRSC did not apply for or obtain any stay of execution of the judgment.

    Therefore, he filed a Notice of Consequences of Disobedience to Order of Court, dated August 20.

    The notice warns the Corps Marshal Oyeyemi of being held liable for contempt if his men continue to violate the order by arresting and imposing fines on erring motorists without taking them to court.

    It reads: “Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison.”

    Justice Tsoho had held that FRSC cannot turn itself into a court of law by punishing those that commit traffic offences.

    ‎

     

  • Judge withdraws from Babalakin’s suit against AGF, EFCC

    Judge withdraws from Babalakin’s suit against AGF, EFCC

    Justice John Tsoho of the Federal High, Lagos, on Monday withdrew from adjudicating over a fundamental rights suit filed by Chairman of Bi-Courtney Limited, Dr. Wale Babalakin (SAN).

    It follows Babalakin’s petition to the Chief Judge, Justice Ibrahim Auta, praying him to re-assign the case to a different judge.

    The suit is a fundamental rights enforcement action against the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).

    Babalakin is seeking an order barring them from arraigning him on criminal charges filed at the Lagos State High Court, Ikeja.

    Through his lawyers Wale Akoni (SAN) and Abiodun Layonu (SAN), Babalakin in the June 19 petition, said there was no guarantee he would get justice from Justice Tsoho.

    According to him, the judge vacated an interim injunction he made on April 29, barring the respondents from going on with the proposed arraignment pending the determination of the fundamental rights enforcement suit.

    In the ruling, Justice Tsoho said the ex-parte order granted Babalakin was intended as a brief intervention to prevent injury and not meant to last a long time.

    He explained that the order had outlived its lifespan and was no longer valid.

    “If the applicants had filed their application early, the respondent would have responded appropriately. But this case will be adjourned without an award of cost. An ex-parte order is meant to be a brief intervention to prevent injury and not meant to last a long time.

    “Therefore, the order has outlived its life span and is hereby discharged, but the respondent should not take any action that will jeopardise this proceeding,” the judge said.

    Before the ruling was delivered, EFCC’s lawyer Rotimi Jacobs (SAN) had prayed the court to discharge the restraining order.

    He said it had been abused by the applicant who he said failed to file the rights enforcement application within the five days interval ordered by the court, but instead served it on the respondent at the court premises almost 30 days later, contrary to the court’s order.

    However, Babalakin’s lawyers said the judge discharged the order “without a formal application from the respondents.” They prayed that the case be re-assigned to another judge.

    Babalakin had in April sought to stop the AGF and the EFCC from arraigning him again on an alleged N4.7billion fraud.

    A Lagos State High Court had in February this year discharged him from the allegation.

    Justice Lateef Lawal-Akapo, who discharged Babalakin, his two companies, Bi-Courtney Limited and Stabilini Visinoni Limited, along with one Alex Okoh, and his company, Renix Nigeria, described the 27-count charge filed against them as being “incurably bad.”

    The judge had held that none of the 27 counts filed by the EFCC against Babalakin and others constituted an offence under the laws of Nigeria.

  • Lawyers to honour judges, others

    Four judges and Cross River State First Lady, Mrs Obioma Liyel-Imoke, a lawyer, are among lawyers to be honoured next week at the yearly reunion of the Class of 1985 of the Nigerian Law School in Calabar.

    Also to receive an award is the outgoing Director-General of the Nigerian Law School, Dr. Tahir Mamman.

    The event will herald the launch of the Nigerian Law School endowment fund by the class ahead of the school’s 50th Anniversary celebrations.

    Among the judges to be honoured are Justice John Olabisi Ige of the Court of Appeal; Justice Anwuri Chikere of the Federal High Court; Justice Kulu Aliyu, Chief Judge of Zamfara State, and Justice John Tsoho also of the Federal High Court.

    Others are Ambassador Obed Wadzani, former Nigerian Ambassador to Spain with concurrent accreditation to the Vatican; third Vice President of NBA Francis Ekwere, and Director/Head, Nigerian Copyright Institute and consultant to the World Intellectual Property Organisation (WIPO) John Asein.

    The awardees are, except Mamman, members of the 1985 class at the Nigerian Law School, and were chosen in line with the mandate of the body to identify and reward deserving class members who have distinguished themselves in their chosen careers.

    The reunion, which is being hosted by Obioma Liyel-Imoke, will also witness the presentation of a keynote address by Mr Asein on “The future of Copyright Law in Nigeria.”

    Cross River State Governor, Senator (Barr.) Liyel Imoke is expected to be declared open the event as Special Guest of Honour.

    Other attractions of the reunion include the yearly reports by the class leader Prince Lateef Fagbemi (SAN) and Chairman Chief Emeka Ngige (SAN).