The Nation Newspaper

Tag: Justice Nnamdi Dimgba

  • Armsgate: Court remands Air Force chief, Omenyi, two others in Kuje prison

    Armsgate: Court remands Air Force chief, Omenyi, two others in Kuje prison

    …To hear Diamond Bank’s staff bail motion Monday

     

    Justice Nnamdi Dimgba of the Federal High Court, Abuja ordered Friday that three men, including Air Vice Marshall Tony Omenyi (retired) be remanded in Kuje prison.

    Also to be kept in Kuje prison are an employee of Diamond Bank Plc, Babatunde Faro and Sada Adamu.

    The judge ordered their remand after they were arraigned by the Economic and Financial Crimes Commission (EFCC) on two separate charges.

    Omenyi and his company, Huzee Nigeria Limited were arraigned on a 3-count charge of abuse of office and money laundering involving N136.325.000.00.

    Omenyi and his firm are being prosecuted for their alleged roles in the diversion of funds meant for the purchase of arms by the military.

    Omenyi pleaded not guilty when the charge was read, following which his lawyer, Wahab Olatoye urged the court to dismiss the claim of the prosecution, to the effect that he (prosecution lawyer) was ready for trial.

    Olatoye argued that he was yet to be served the statements of the defendants and the prosecution’s witnesses as recommended under the ‘Practice Direction Act, 2013’.

    He applied for his client’s bail orally, arguing that the defendant, under the law was presumed innocent until proved otherwise.

    In a brief ruling, the judge noted that all the necessary materials have been filed ny the prosecution and adjourned to November 14 for the hearing of the defendant’s formal bail application.

    One of the counts in the charge reads:

    “That you, AIR VICE MARSHALL TONY OMENYI (whilst being a public officer) and HUZEE NIGERIA LIMITED between 16th and 23rd August, 2014 in Abuja within the jurisdiction of this Honourable Court took possession of the sum of N61,525,000.00 (sixty one million, five hundred and twenty five thousand naira only) transferred to the FCMB account of Huzee Nigeria Limited by SkyExperts Nigeria Limited, a contractor of AETSL, when you reasonably ought to have known that the said funds formed part of the proceeds of unlawful activity ( to wit: corruption) of Air Vice Marshall Tony Omenyi and you thereby committed an offence contrary to Section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act”.

    Faro and Admu were arraigned separately on a four-count charge of money laundering, false declaration of assets and fraud to the tune of $1million.

    Adamu was alleged to have made cash payment of the said sum being an amount exceeding the stipulated N5million threshold stipulated by law, to Faro.

    The offence is said to be punishable under Section 1(a) of the Money Laundering Act, 2011 as amended and punishable under Section 15(2)(b) of the same Act.

    The defendants pleaded not guilty to the charge, following which their lawyers, W. Y. Maman and W. T. Iorshe prayed the court to grant their clients bail pending trial.

    Justice Dimgba adjourned to November 14, 2016 for ruling on the bail application and ordered the accused persons to be remanded in Kuje prison.

  • FG urged to reconsider arrested judges’ cases

    FG urged to reconsider arrested judges’ cases

    The Federal Government has been urged to reconsider its stance on the fate of the judges recently arrested by the Department of State Services (DSS).
    The request is contained in a letter dated October 26, 2016, authored by the Director General of the International Human Rights and Anti-corruption Society (IHRAS), Dr U. O. Udofia, to the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN).
    The group, which said it was particularly concerned with the case of Justice Nnamdi Dimgba of the Federal High Court, Abuja, noted that from its members’ findings, the judge was above board.
    In the letter, a copy of which the group sent to the Director General of the DSS, the IHRAS, argued that although it supports efforts by the government to curb corruption, it must be done in accordance with the rule of law and due process.
    “Our independent investigation reveals that Justice Dr Dimgba was appointed in December 2015 as a judge of the High Court and started sitting in January 2016 and has remained a judge of high repute in the discharge of his constitutional duties effectively and transparently.
    “The case files taken by the DSS in Justice Dimgba’s residence during the DSS operations were for judgments on Monday, Tuesday and Wednesday the following next week, before the DSS operation on Friday night.
    “Justice Dimgba has a right under the law to take the case files for study and writing of the judgments. During the DSS operation, nothing was found, no monetary materials were found in his residence.
    “It is upon this background that we appeal to the Federal Government of Nigeria, particularly the Attorney General of the Federation (AGF) and the DSS to reconsider the case of Justice Dimgba, whose residence was mistakenly invaded by the DSS.
    “The appeal is predicated on the outcome of our untainted and undiluted investigation and opinion poll conducted among legal practitioners and others, within and outside the Federal Capital Territory (FCT).
    “All those contacted on this issue attested to the sincerity and honesty of Justice Dimgba in the discharge of his duties,”  IHRAS said.
    The group urged the Fed Govt to ensure that the fight against corruption should serve as an incentive, to encourage and not discourage all those who are working sincerely in the interest of public.

  • Court rejects DSS application over non-compliance with orders

    The Federal High Court, Abuja, on Monday said it will not grant any application filed by the Department of State Services (DSS) until all orders of the court are obeyed.

    A vacation judge, Justice Nnamdi Dimgba, stated this when the DSS Counsel, GOA Agbadua, brought an application for a remand warrant, the News Agency of Nigeria (NAN) reports.

    Dimgba said it would be wrong for the court to grant an application filed by the DSS when the agency has no regard for court orders.

    The judge said he had ordered that Air Commodore Umar Mohammed (rtd), who was arraigned before him, to be remanded in Kuje Prison, pending the hearing of his bail application.

    “But the DSS decided to keep him in its custody against the order of the court,’’ he said.

    Dimgba also cited another instance when he ordered the service to produce some accused persons in court but noted that the DSS had yet to comply with the directive.

    “The court will not grant any application of the DSS until there is sufficient proof that all orders of the court have been obeyed.

    “It will be counter-productive for the court to take this application and grant the reliefs sought by the DSS.

    “This court hereby adjourns this application sine die until the applicant’s counsel files an affidavit deposing to the fact that all outstanding orders of this court on the DSS have been complied with,’’ the judge added.

     

  • Judge berates DSS for flaunting court’s order on defendant

    Justice Nnamdi Dimgba of the Federal High Court, Abuja, on Friday berated the Department of State Security (DSS) for flaunting a court’s order to remand a defendant in prison.

    Dimgba had ordered that Air Commodore Umar Mohammed (rtd), who was arraigned before him on Thursday, be remanded in Kuje Prison pending hearing on his bail application.

    But the DSS failed to produce the defendant in court while his counsel argued his bail application on Friday, the News Agency of Nigeria (NAN) reports.

    Dimgba said he took strong exception to the DSS disregard of the court’s order by keeping a defendant in its custody, describing the action as an embarrassment to democracy.

    “I take a strong exception to this type of behaviour; when the court orders that someone be kept in prison custody, the person ought to be kept in prison and not in the office.

    “If the people at the DSS want to become judge and do their job as well, I am ready to vacate my office for them. But as long as I am still here, I take an exception to them flaunting the orders of the court.

    “Once processes have been filed in court, it is no longer in their hands and the order of the court must be obeyed,’’ Dimgba said.

    He asked the prosecuting counsel, E.A Orji, to convey the grievances of the court to the Attorney-General of the Federation and Minister of Justice.

    The judge adjourned ruling on the bail application till 2:00pm on Friday.

    Counsel to Mohammed, Mr. Hassan Liman (SAN), had told the court that the DSS whisked the defendant away immediately after the court proceedings ended on Thursday.

    But the prosecuting counsel explained that the defendant was taken to the DSS office for documentation.

     

  • Dasukigate: Court grants bail to businessman allegedly paid N2.4bn

    Dasukigate: Court grants bail to businessman allegedly paid N2.4bn

     

    A Federal High Court in Abuja has granted bail to a businessman, Olugbenga Obadina, the Managing Director, Almond Projects Limited who was allegedly paid about N2.4billion by the Office of the National Security Adviser, ONSA, under Col. Sambo Dasuki (rtd), without evidence of services rendered.

    Obadina was arraigned with his company last Friday by the Economic and Financial Crimes Commission (EFCC) on an eight-count charge for allegedly collecting N2, 417, 000,000.00 paid into his company’s account in tranches, between 2013 and 2015 from the account of the ONSA under Col. Sambo Dasuki (rtd) without contract award.

    The offence is contrary to Section 15(2), (d) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.

    Ruling on Monday, Justice Nnamdi Dimgba admitted Obadina at N500million  with two sureties who must each endorse a bond of N250m.

    The judge said the sureties can be a private businessman, professional or civil servant of the rank of a director.

    “The sureties must have landed properties either in Asokoro, Maitama, Apo Legislative quarters, Wuse II area of Abuja, or Victoria Island, Lagos State. The sureties are to provide evidence of income tax payment for three years,” the judge said.

    He directed Obadina to deposit his international passports with the registrar of the court, and must go to the EFCC to comply with Section 15 of the Administration of Criminal Justice Act, which entails submitting himself for biodata collection, fingerprinting, snapshot and necessary profiling.

    Obadina is to be remanded in prison custody pending satisfaction of his bail conditions.

    The judge adjourned to September 30 and October 4, 2016 for trial.