The Nation Newspaper

Tag: Justice Jude Okeke

  • Breaking: Court grants former SGF Lawal, two others N50m bail

    The former Secretary to the Government of the Federation (SGF), Babachir Lawal and three others, who were charged with N544 million fraud were on Wednesday granted a N50 million bail each.

    Justice Jude Okeke of an FCT High Court Maitama, who gave the ruling, said the prosecution could not provide any proof to make the court not to grant bail.

    “The evidential burden is more on the prosecution to prove that the defendants are not entitled to enjoy section 36 (5) of the 1999 Constitution of the Federation Republic of Nigeria as amended.

    “Section 162 of the Administration of Criminal Justice Act, 2015 the prosecution cited said bail shall be granted except in some circumstances which the prosecution could not establish,’’ he held.

    Okeke admitted them to bail in the sum of N50 million and a surety in like sum each.

    He insisted that the surety must be resident in Abuja and must provide residential address to the court.

    In addition to that, the judge ordered that the surety must own a landed property with the land documents submitted to the court.

    Okeke also ordered the defendants to deposit their international passports and traveling documents to the Registrar of the court.

    The former SGF was arraigned alongside Hamidu Lawal, a director in his company, Sulaiman Abubakar, staff in the company and Apeh Monday.

    Also joined were two companies, Rholavision Engineering Limited and Josmon Technologies Limited.

    The Economic and Financial Crimes Commission (EFCC) dragged them to court on a 10-count charge bordering on conspiracy and unlawful award of contract to companies Lawal has interest at the sum of N544 million.

    Lawal was accused of benefiting illegally from the approval of N544,119,925.36 for the removal of invasive plant species and simplified irrigation.

    The EFCC alleged that Babachir Lawal being the SGF and Hamidu Lawal, director of Rholavision Engineering Limited and Abubakar, staff about March 7, 2016 at Abuja conspired to commit the offences.

    EFCC said the defendants fraudulently acquired a property, contrary to Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act, 2000.

    Read Also: Alleged N544m fraud: Court remands ex-SGF Lawal, others

    It also alleged that Babachir Lawal knowingly held indirectly a private interest in the consultancy contract awarded to Rholavision Engineering Limited for the removal of invasive plant species and simplified irrigation to the tune of N7 million and N6.4 million.

    EFCC claimed that it was done through the Presidential Initiative for North East (PINE).

    It further alleged that on March 4, and Aug. 22, 2016 contract for removing evasive grass worth N272.5 million and N258.1 million respectively were awarded to Josmon technologies but executed by Rholavision.

    The offences are contrary to Section 12 of the Corrupt Practices and Other Related Offences Act, 2000.

    They all pleaded not guilty to the charges.

    The case has been adjourned till March 18 for commencement of trail.

  • Court orders PDP to pay N180m professional fee to SAN

    Justice Jude Okeke of FCT High Court, Maitama, on Tuesday ordered the Peoples Democratic Party ( PDP ), to pay N180 million to Mr Samuel Okutepa ( SAN  ) being his professional fee.

    Okeke who delivered judgment in a suit filed by Okutepa against the PDP, said Okutepa deserved to be paid the money for handling the cases for the party.

    “The defendant is directed to pay the claimant N180 million being the earned professional fee for defending and prosecuting their cases listed out in the applicant’s statements of claims.’’

    The court also ordered PDP to pay N50, 000 to Okutepa for successfully handling the cases.

    The judge held that it was not right for the PDP not to pay for the work they knew was well handled by the plaintiff.

    He said that the defendant claimed that they did not give him job to do,  as no legal agreement was signed by the parties.

    The judge said that in the records before the court, the applicant was given the brief by the former Governor of Benue, Gabriel Suswam, and the Attorney General of Benue.

    Read Also: ‘PDP, Jonathan failed Niger Delta’

    He added that the constitution of PDP recognised a state governor as a high officer who can give instructions on behalf of the party.

    “The instructions given to the applicant to handle the matter is binding on the PDP.

    ” The defendant was aware that the applicant conducted the cases and never questioned the instructions of the governor.

    ” The defendant kept quiet and benefited from his services, permitted and encouraged him to labour only to claim that a legal contract was not signed.

    ” The defendant is not in denial that the applicant did not handle the cases, but they claimed they did not engage him,” he held.

    Some of the cases handled by Okutepa were: Terver Kakih Vs PDP and three others, three cases at the Court of Appeal and Supreme Court, among others.

    NAN

  • Court orders tenant to pay N3.5m rent to landlord

    Court orders tenant to pay N3.5m rent to landlord

    An FCT High Court sitting in Maitama on Friday ordered a tenant, Abdurrahim Abdul, to pay his landlord, Ama Real Estate Limited, in Katampe, Abuja, N3.5 million as unpaid rent and outstanding balance.

    Justice Jude Okeke in a ruling said the plaintiff had provided enough evidence to justify the grounds of reliefs sought.

    The judge said: “Having carefully examined the reliefs sought by the plaintiff, the cardinal issue is whether the plaintiff has made out a case to justify the grounds of the reliefs sought.

    “There is no evidence before the court that the defendant paid the rent of 2016 to 2017 and the service charge.

    “In the forgoing, it is apparent that the defendant is indebted to the plaintiff in the sum of N2.6 million and N650, 000, being the unpaid rent and service charge for the said premise.

    “This being the case, the defendant is ordered to pay forthwith to the plaintiff a sum of N950,000 being outstanding balance for the tenancy period of 2014 to 2015 and a sum of N2.6 million being unpaid rent for the tenancy period of 2016 to 2017.”

    Justice Okeke said from the records of the court the plaintiff was the owner of the said property and entered into tenancy agreement with the defendant on October 2014.

    According to him, the agreement started in October 2014 to September 2015 for N2.6 million unreserved rent.

    He said a certain fee known as service charge which varies from year to year was also discussed and agreed upon by the parties.

    NAN

  • FG urges Appeal Court to reverse Justice Ademola’s acquittal

    FG urges Appeal Court to reverse Justice Ademola’s acquittal

    The Federal Government has asked the Court of Appeal in Abuja to reverse the April 5 ruling by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) acquitting Justice Adeniyi Ademola of the Federal High Court and two others.

    Justice Okeke, in the ruling, upheld the no-case submission made by Justice Ademola, his wife, Olabowale and a Senior Advocate of Nigeria, Joe Agi, who were charged with giving and receiving gratification, among others in an 18-count charge.

    The FG’s request is contained in three separate notices of appeal filed on Friday through the office of the Attorney General of the Federation, at the Court of Appeal, Abuja.

    It argued among others, that Justice Okeke erred in law in reaching his decision to discharge and acquit the three defendants.

    The appellant particularly wants the appeal court to issue an order allowing the appeal and overrule the decision of the lower court and remit the case back to High Court for re-assignment and defence.

    The FG contented that Justice Okeke erred in law when he proceeded to evaluate the evidence of the prosecution and ascribed probative value to it when he ought to, at the stage of ruling on the no-case submission, merely consider whether or not the prosecution has made out a prima facie case to warrant the defendants to enter defence.

    “What has to be considered in a no-case submission is not whether the evidence against the accused is sufficient to justify a conviction, but whether the prosecution has made out a prima facie case requiring, at least, some explanation from the defendants.

    “At that stage of the proceedings, the credibility of the witnesses is not in issue, nor does a consideration in that regard arise. The wrong exercise of discretion by the learned trial judge against the established procedure has grossly occasioned a miscarriage of justice on the appellant,” the government said.

     

  • Court frees Justice Ademola, wife

    Court frees Justice Ademola, wife

    Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) in  Maitama has struck out the 18-count  charge Justice Adeniyi Ademola (of the Federal High Court), his wife, Olabowale and a lawyer, Joe Agi (SAN).
    The office of the Attorney General of the Federation (AGF)  had filed the suit late last year, in which they were accused of engaging in corrupt acts. Justice Ademola, was among others, accused of accepting gratification from Agi.
    His wife was accused of receiving N30million in her GT Bank account on behalf of her husband, while Agi was accused of bribing the judge, including buying an N8.5million car for his (the judge’s) son.
    In a ruling on Wedenesday, Justice Okeke upheld the no-case submission by the defendants, on the ground that  the prosecution, led by Segun Jegede, failed to prove any of the allegations it made against them.
    The judge said, not only did the prosecution fail to show that Justice Ademola benefited from the money allegedly paid to his wife’s account, it also failed to link the N30m Mrs Ademola received from Agi, SAN, to any particular case being handled by her husband.
    He noted that the prosecution did not tender any evidence, showing that the N30m was at any time, transferred to any bank account that belongs to the 1st defendant (Ademola).
    “None of the witnesses identified or tendered evidence to show that N30m was paid into any bank account of the 1st defendant either by the 2nd or the 3rd defendants”.
    Justice Okeke, who said he took cognisance of a statement Agi made before the Department of State Service (DSS), admitting that two of his clients directed him to pay the N30m to Mrs Ademola as gift during her daughters wedding in April, 2015, said  the lead investigator, (who testified as PW-16), could not establish any link between the monetary gift and any case that was handled by the 1st defendant.
    The judge said: “This court totally agrees with the PW-16 that taking the N30m gift the 3rd defendant paid into the account of the 2nd defendant as bribe will be speculative and no court can convict based on speculation.
    “A court of law reckons with hardcore evidence placed before it and not on speculation as to why the payments were made,” Justice Okeke said.
    The judge, after reviewing all the evidence, in a judgment that lasted about five hours, said the prosecution failed to discharge the burden of proof placed upon it by the law.
    The judge discharged and acquitted the defendants.
    Today’s ruling ends the case, expect the prosecution appeals and the appellate court directed that it be reopened.

  • Prosecution alleges threat to witnesses in Justice Ademola’s trial 

    The planned continuation of trial in the case involving Justice Adeniyi Ademola of the Federal High Court and two others was stalled Monday owing to the inability of the prosecution to present its next witness.

    Prosecution lawyer, Segun Jegede sought an adjournment Monday when he was asked by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja to call his next witness.

    Jegede said his next witness, Dr. Shaibu Teidi was absent in court because he narrowing escaped being assassinated by some armed individuals, who invaded his home in the early hours of Monday.

    Jegede said Teidi, a former Director, Pension Accounts Office of the Head of Civil Service of the Federation, has been taken into hiding by security agents.

    Teidi, who is being tried by the state over his alleged involvement in pension fund scam, is to testify, along with his wife, Fatimah in support of the prosecution’s allegation that Justice Ademola demanded N25m bribe from him (Teidi) while he was standing trial before the judge.

    Monday, Jegede started by saying that an “unfortunate and dangerous dimension” has been introduced to the case.

    Jegede said at about 2am on Monday, about eight armed men scaled the fence to Teidi’s house in Abuja and attempted to kill him

    The prosecution lawyer said: “A call was made to the police station that some men, about eight of them, armed, had scaled the fence of his residence, and entered his home, where they met the children and in the process.

    “In a nutshell they said it was their father they wanted, meaning him, Dr. Teidi,” Jegede said

    He added that Teidi was only able to escape being killed when he managed to escape and called a friend, who reported the case to the Commissioner of Police of the FCT.

    “Dr. Teidi then called a friend, who reported the matter to the police after which the Commissioner of Police sent his men to the residence of Dr. Teidi and took him to the police station.

    “As we speak, the police have taken him back to where he is in hiding,” Jegede said.

    He was about narrating another incident, relating to how  Teidi had told him three days earlier, that he (Teidi) received a call from someone, who purportedly tried to “broker a talk” between him and Justice Ademola, when the judge’s lawyer, Onyechi Ikpeazu (SAN) interrupted him.

    Ikpeazu was of the view that such issue should never be allowed to be discussed in the open court without first, being bought to the attention of the lawyers on the opposing side or the judge in private.

    Jegede, who however, insisted on his request for an adjournment, contended that there was no law barring him from making such disclosure in the open court, particularly when Monday was the only time parties were in court after the incidents he was reporting.

    The defence team, comprising, Ikpeazu, Robert Clarke (SAN) and Jeph Njikonye objected to Jegede’s request for adjournment.

    They argued that the application for adjournment was baseless and that it reflected unseriousness on the part of the prosecution to proceed with its case.

    The defence lawyers urged the court to order the prosecution to call its other witnesses, failing which it should strike out the charge.

    Ruling, Justice Okeke expressed displeasure over the prosecution’s inability to proceed with its trail.

    He noted that the prosecution, by requesting an adjournment, has rubbished the purpose for which the court adjourned other 11 case in its cause list to make time for the case.

    Justice Okeke upheld the defence’s argument could call four other of is witnesses, but failed to do so.

    He said the delay by the prosecution was unacceptable, because the duties of the defendants – Justice Ademola, as a serving judge; his wife, Olabowale, as Head of Service of Lagos State, and Joe Agi, as a Senior Advocate of Nigeria – have been held in abeyance with the pendency of the case.

    The judge noted that it was the third time since the commencement of the trial that the prosecution was asking for adjournment.

    Justice Okeke added: “The court will indulge the prosecution one more time.” he urged the prosecution to avoid any further delays, failing which “the court will be constrained to do the needful.”

    The judge rdered the Inspector-General of Police (IGP),  Mohammed Idris, to provide protection for all prosecution  witnesses as well as defence witnesses and the defendants in the case “if need be”.

    In an earlier ruling, Justice Okeke allowed the prosecution to amend its proof of evidence by filing a summary of the evidence to be given by one of its witnesses, Malik Olatunde, an employee of the Guaranty Trust Bank Plc.

    The defence had, at the last proceedings, objected to the choice of Olatunde as a prosecution witness on the ground that his written statement was not included in the proof of evidence served on it.

    Justice Ademola, his wife and Agi are being tried by the office of the Attorney General of the Federation on charges of corruption and illegal possession of firearms.

    Hearing in the case resumes Tuesday.

  • Lack of service stalls arraignment of Justice Ademola, wife 

    The planned arraignment of Justice Adeniyi Ademola of the Federal High Court, Abuja and his wife, Olabowale has been put off owing to the inability of the prosecution to effect service of the charge on them.
     
    They are accused of engaging in acts of corruption and abuse of office.
     
    Lead prosecution lawyer, Segun Jegede told Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja that the court’s bailiff was unable to serve the defendants with the 11-count charge.
     
    Following the permission of the Justice Okeke, defence Lawyer, Jeph Njikonye accepted copies of the charge for the two defendants.
     
    Justice Okeke consequently adjourned to December 13 for arraignment.