The Nation Newspaper

Tag: Justice Josephine Oyefeso

  • Absence of defence counsel stalls Tufaces’ N53m libel suit against Blackface

    The N53 million defamation suit instituted by Innocent Idibia (Tuface) and his manager, Efe Omorogbe, against Augustine Ahmedu, a.k.a Blackface, was stalled yesterday at an Ikeja High Court.

    When the matter came up yesterday before Justice Josephine Oyefeso, counsel to the defence was not available.

    Tuface’s counsel, Mr. Opeyemi Owolabi, told the court that that the business of the day was hearing of the notice of preliminary objection.

    Owolabi told the court that the absence of the defendant has no bearing since the defence did not file any response to the application before the court.

    He reminded the court that the application has been pending since April 17 and that the defence counsel had three months to do the needful.

    Owolabi contended that his absence should not have any bearing on the matter since there are other lawyers in his chambers.

    He therefore asked the court for N100,000 as cost.

    The trial judge, Justice Oyefeso, however, informed the claimants’ counsel that the defence counsel had written to the court, attributing his absence to an ailment that led to abdominal surgery.

    She said the defence had asked for an adjournment.

    Justice Oyefeso therefore adjourned the matter till October 2 to hearing of motions on notice.

    Innocent Idibia and Efe Omoregbe are seeking a declaration that the statement published on the tweeter platform of the defendant on January 24, 2016 is defamatory to the first and second claimants.

    They are also seeking “a declaration that the statement published on the tweeter platform of the defendant is injurious to the reputation and business of the first and second defendants; declaration that the defamatory statements made incited and caused to be published by the defendant on January 31 on 36.Ng.com is defamatory of the claimant’s person, character, office and profession.

    Others are a declaration that the statement made in an interview incited and caused to be published on Premium Times online on April 23, 2017 is defamatory of the claimants and a declaration that the statement made by the defendant over video published by Pulseng on YouTube on November 6, 2017 slandered the person, character, credibility and calling, trade and profession of the claimants.

    They  prayed the court for an  injunction  preventing the defendant from continued publication of the offensive statement defamatory of the first and second claimants as contained on his tweeter handle, Blackfacenaija; an order of injunction preventing the defendant from further making statements defamatory of the first and second claimants; an order of prohibitory injunction preventing the defendant from continued publication of the libellous and slanderous statements against the first and second claimants published on newsite or video.

    Blackface had accused 2Face Idibia of copyright theft, alleging that he remains the original owner of 2Face’s ‘Let Somebody Love You’

    He claimed to have written the song while both of them were in the now defunct musical group, Plantashun Boyz.

  • How prophet allegedly instructed church member to kidnap a child

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     

  • Doctor indicts two siblings of defrauding, raping undergraduate

    A medical doctor, Dr Alagbe Oyedeji, on Tuesday gave evidence indicting the two siblings — Bright Nwachukwu and Chijindu Nwachukwu — who are standing trial for raping and defrauding an undergraduate of the University of Lagos ( Unilag ).

    Newsmen reports that the brothers — Bright, 32, and Chijindu , 24 — are facing three-count charge bordering on obtaining under false pretenses and rape at an Ikeja High Court.

    They allegedly committed the offences when they accosted the 21-year-old undergraduate (name withheld)on Feb. 12, 2016 on her way to the University for her medical clearance.

    Oyedeji, a self-proclaimed atheist, while being led in evidence by Mrs C. K Tunji-Carrena, the lead prosecution counsel, told the court that he worked at the Lagos State University Teaching Hospital ( LASUTH ).

    “I work at the Department of Family Medicine and also as a consultant /examiner to Mirabel Centre.

    “My job entails examination, treatment and writing of reports or examination findings on victim of sexual assault.”

    The doctor told the court he was testifying on behalf of his colleague, who had initially conducted the medical examination but was no longer in the employ of LASUTH.

    READ ALSO: Man charged with alleged rape, impersonation

    ““I have a report from the Mirabel Centre dated Feb. 13, 2016 from a colleague of mine, Dr Sholaja,  who is no longer in the workforce of LASUTH, he has relocated outside Lagos.

    “Being an examiner and a colleague experienced in the day-to-day activities of the Mirabel Center, I’m here to interpret the examination findings,” he said.

    Giving details of the examination report, the doctor said:“The examination findings started from when the client entered into the examination room.

    “She was found to be quiet, willing to give information and she was alert as well as well-oriented about time and place.

    “The gross physical findings indicate that there are no significant injuries to her physical structure.

    “Significant findings on her genitalia indicate injuries, there was a focus of injury to the entrance of the urethra.

    “The hymen had injuries called lacerations and the posterior forcet had superficial lacerations.

    “The doctor came to the conclusion that this examination’s findings which are highlighted are consistent with the client’s claim that she had forceful penetration into her vagina.

    “The force in this case which she described happened to be the penis,” the doctor said.

    While being cross-examined by Mr Oganihu Nwosu, the defence counsel, the doctor admitted that the complainant never mentioned the names of the defendants as the alleged perpetrators of the rape.

    He also noted that the examination had also revealed that the complainant had a genital infection prior to the rape.

    “Part of the report said that there was a copious discharge on the client’s genitalia.

    “Analysis was not done on the discharge and it was observed that the client had a staphylococcus infection,” Oyedeji said.

    The complainant, a undergraduate from the Department of Biology Education, had on July 4, 2017 testified about how the siblings defrauded and raped her.

    According to her, she was accosted by Bright on her way to school and was “hypnotized” and as a result, followed him to a house located at No. 4, Odusanya St., Ijaiye-Ojokoro, Lagos, where she was raped by him.

    The UNILAG undergraduate alleged that in her hypnotic state she gave the men her ATM pin and N19,000 was fraudulently withdrawn from her account.

    She was allegedly further instructed by the duo to go home and steal cash and valuables belonging to her mother and bring to them.

    The plan was foiled when her mother noticed her daughter’s strange behaviour and called their pastor and also alerted the police.

    The offences contravened Sections 258, 312(3) and 409 of the Criminal Law of Lagos State 2011.

    Justice Josephine Oyefeso adjourned the case until Feb. 19 for continuation of trial.

    NAN

  • Alleged libel: Court grants Magu’s request for substituted service on Sun newspaper

    Alleged libel: Court grants Magu’s request for substituted service on Sun newspaper

    Justice Josephine Oyefeso of an Ikeja High Court has ordered that a motion exparte  filed by Chairman, Economic and Financial Crimes Commission (EFCC), Ibrahim Magu be served on three journalists working with the Sun Newspaper.

    The EFCC boss had earlier this year sued the Sun Newspaper before the Lagos High Court over what he claims were false and malicious publications against his person.

    Joined in the suit as co-defendants are the Editor, Saturday Sun, Fred Itua, James Ojo and Lawrence Enyoghase.

    Counsel to Magu, Mr Wahab Shittu Wednesday moved a motion exparte seeking to serve the originating processes on the three reporters who authored the publication by pasting it on their last known address given at No. 2 Coscharis Street, Off Happy Home Avenue, Kirikiri Industrial Layout, Apapa, Lagos.

    The court granted the request of the EFCC counsel for substituted service.

    The EFCC boss  is seeking N5billion compensation for the alleged  libellous imputations and statements made against him in a story published  March 25, 2017 edition of the Saturday Sun.

    The report had alleged that the EFCC Boss purchased for himself  two mansions on different streets in the highbrow Maitama area of Abuja.

    Magu is however contending that the publication captioned “Magu under Fresh Probe over 2 Abuja Mansions” and authored by Fred Itua, James Ojo and Lawrene Enyoghasu, “willfully and maliciously made false, destructive, and defamatory statements against him

    Magu however maintained that neither himself nor his wife owned any property in Maitama.

    In addition to the demand for N5 billion compensation, Magu demanded that the publishers  issue a public apology and immediate retraction in writing of these false libelous statements, within seven days of the publication.

    Sun Newspapers refused to published a retraction prompting Magu to eventually file the suit.

    Justice Oyefeso has adjourned the matter to November 15, 2017 for trial.

     

  • EFCC arraigns four over $.5m theft

    EFCC arraigns four over $.5m theft

    Justice Josephine Oyefeso on Tuesday remanded four middle aged men in Ikoyi Prisons for allegedly stealing $500,000.00 belonging to a finance house, First Marina Trust Limited.

    The men – Adeyemi Oluwaseun, Suleiman Yusuf Obhakume, Yusuf Imran Adekunle and Hakuna Issah – would remain in prison pending hearing on their bail applications.

    The Economic and Financial Crimes Commission (EFCC) arraigned the men  on a two -count charge of conspiracy and stealing.

    They pleaded not guilty to the charges.

    The prosecution counsel, Zainab Ettu, told the court that the defendants committed the offence on September 16, 2016.

    She said the offence is contrary to section 409 and 285(1) of the criminal law of Lagos State, 2011 and punishable under same.

    Counsel to the third and fourth defendants, Mr. E. Abass, asked the court for short adjournment to argue his clients’ bail applications.

    Counsel to first defendant, Mr. O Awonuga, aside from applying for bail also sought for a short adjournment to file a written address.

    Justice Oyefeso, however, ordered that the defendants be remanded in prison pending hearing on the bail applications.

    She adjourned the matter till July 11, 2017 for hearing of all pending applications.

     

     

  • How two brothers lured, raped, obtained N19, 000 from victim

    How two brothers lured, raped, obtained N19, 000 from victim

    A 22-years old lady (names withheld) Monday narrated to an Ikeja High Court her ordeal in the hands of two brothers, Bright and Chijindu Nwachukwu, who raped and defrauded her of N19, 000.00.

    Bright (31) and Chijindu  (23) are both standing trial before Justice Josephine Oyefeso on two count charge of rape and obtaining money by false pretense.

    The offence, according to the prosecutor, Mrs C.K Tunji- Carrena, are contrary to sections 135, 137 and 312 (3) of the Criminal law of Lagos state 2011.

    The defendants had pleaded not guilty to the charges.

    Led in evidence by the prosecutor, the victim who is a graduate of Biology and an entrepreneur, told the court that she met the first defendant, Bright for the first time on February 12 this year at Iyana Ipaja, on her way to the University of Lagos, Akoka where she had just graduated to sort out a medical registration.

    She maintained that she had never met him prior to that day.

    The witness said the defendant approached her in French Language and asked her for an address of one Diamond warehouse which she also told him she does not know where it is situated.

    She also noted that there was a man beside Bright who asked me to describe the place to him if I know there.

    She however left the two men at the spot and checked her time after the conversation only for her to realized that she could not meet up with her appointment and decided to return home.

    According to the witness, she met with the first defendant and the other man again on her way home and he asked the same question and she maintained she did not know the place.

    “I wanted to be on my way but the other man that was with him pleaded with me to help him. At this point, Bright handed him some foreign currencies. He held my hand and said that we should follow him.

    “At that moment, I don’t know what I was doing again, I just followed them and we crossed to the other side of the road at Iyana-Ipaja and boarded a bus towards Sango. I paid the transport fare for the three of us and we later alighted at a bus-stop which I didn’t know the name.

    “We took a tricycle to another place where we met the second defendant  Chijindu who disguised as a store-keeper. We entered the place and they brought out something that looks like a photo-film and washed it in a liquid and it turned into a N1000 note.
    ” He folded the money and asked me to take a bite and took an oath that if I tell anyone about what taking place, I would die,” she said.

    She further told the court that the second defendant, Chijindu told her to bring some money so that they can print more money but she did not have cash on her.

    “He collected my ATM card, pin number and headed to the bank.

    “While they (second defendant and storekeeper) were away, the first defendant asked me if I eat fish and I replied in the affirmative. He again reminded me that I would die as a result of the oath I had with him earlier if I tell anybody about what happened.

    “I became so scared and I started crying and I pleaded with him that I don’t want to die. Bright then told me that the only option to avoid death is to have sex with me. I started begging him again not to have sex with me but he eventually had his way.

    “When Chijindu came from where he had gone to withdraw the 19,000 that I had in my First bank account, he ordered me to delete the alert message sent by my bank. He also came back with another man who claimed to be a pastor.

    He brought in a bucket of water and after looking through it, he said my mother has some money in her drawer and I should go home and bring the whole money. He instructed me not to talk to anyone until I accomplished the mission”.

    The Witness said she caught glimpse of a sign post “Toluwalase” memorised  it.

    She also told the court that when she got home, she met her mother and her brother who later told her that she was acting strange and restless.

    “My mother later came to me and held me , seeking to know what happened to me and I told her I don’t want to die . She was shocked and we were both crying.

    My mother told me that God is the owner of my life and I came back to my senses and told her all that happened.

    According to the witness, her mother later put a call through to her pastor and she was later taken to the family hospital due to the sexual assault and was later referred to St Leo hospital in Ikeja.

    She also said the matter was also reported at Area G police station in Ogba from where she was referred to Mirabel Centre at Lagos State University Teaching Hospital (LASUTH) for check- up and counseling.

    During cross-examination by the defence counsel, Mr. Ikenna Okoli, the witness maintained that she gave her ATM to the second defendant and money was withdrawn from her First bank account.

    She also insisted that the first defendant had sex with her without her consent.

    The matter was thereafter adjourned till October 10, 2017 for continuation of trial.