Tag: Justice Oluwatoyin Ipaye

  • Electrician denies killing wife with a pestle

    A 49-year-old electrician, Ismaila Salau, on Tuesday in an Igbosere High Court denied killing his wife, Silifat Yakubu with a pestle.

    Salau was arraigned in 2015, on a count charge of murder preferred against him by the Lagos State Government.

    At the resumed hearing, the witness who was led in evidence by his counsel, Mr A. A Babalola, said that on Oct. 3, 2014, he was held up in traffic after running errands for a friend.

    The witness told the court that on the fateful day, he left home around 6 a.m and returned back the following day at 4 a.m. because his friend sent him on an errand.

    ” I was held up in traffic until the early hours of the following morning. My car also fell into a ditch due to flood’, he told the court.

    He said that he called his wife who was visiting her parents during the Salah festivities .

    Salau said that when he got home, he did not see his wife and her phone was switched off.

    The witness said he called his older daughter who told him that the deceased left her mother’s house since 8 p.m.

    Salau narrated how he went for a village meeting the following day and heard about a pregnant woman who drowned in the stream.

    He said, “I then told the Baale that my wife was missing so he asked me and my wife’s older brother to go to the Badagry general hospital where the corpse was deposited to check if it was my wife.

    “When I saw the corpse, I knew that was my wife”.

    During cross-examined by the Lagos State prosecutor, Jubril Kareem, the accused admitted that he did not report to the police about his missing wife.

    He however denied the statement he allegedly made to the police during police investigation.

    After listening to the evidence, Justice Oluwatoyin Ipaye, adjourned the case until April 9, for continuation of trial.

    Earlier, the prosecutor Kareem had told the court that the defendant committed the alleged offence on Oct. 3, 2014, 11 p.m, at No.18, Igbele village, in Araromi community of Badagry, Lagos State.

    He said the defendant allegedly murdered his wife, Silifat Yakubu, by hitting her head with a pestle and dumping her corpse in a nearby stream.

    Kareem said the offence contravened the provisions of Section 221 of the Criminal Law of Lagos State 2015.

    However the defendant pleaded not guilty and was remanded in custody.

  • Security guard jailed 10 years for child defilement

    Security guard jailed 10 years for child defilement

    An Igbosere high court has sentenced a 27 year old security guard, Daniel Peter to ten years imprisonment for child defilement.

    Delivering judgment in the matter, Justice Oluwatoyin Ipaye found Peter guilty of a one count charge of defilement contrary to section 137 of the Criminal Law of Lagos State 2011 preferred against him by the Directorate of Public Prosecution (DPP).

    The convict who resides at Pleasure Area, Along Abeokuta Road Lagos, was accused of sexual defilement of a five year old girl.

    A statement issued Wednesday by Assistant Director, Public Affairs, Kayode Oyekanmi said the DPP had arraigned the convict before the court on July 21, 2016.

    During trial, the first prosecution witness, Inspector Enobang Ekareine, serving at the Juvenile Welfare Section, Oke-Odo Police Station, while giving account of investigation of the incident, had told the court that the offence was committed by the defendant when he gained unlawful access to the home of the victim in the absence of her aunt.

    He said the convict took advantage of the situation in carrying out the crime.

    The defendant had initially pleaded not guilty to the charge brought against him, but later confessed to the crime in the face of overwhelming evidence presented by the prosecution, which included documented statement of a Medical Doctor who also was a state witness.

    The final written addresses of the prosecution and defence were adopted on the November 13, 2017 before judgement was pronounced on Tuesday.

    Governor Akinwunmi Ambode had during the commissioning of the Special Courts for sexual Offences and Corruption in the State promised to make Lagos State uncomfortable for sexual offenders by bringing perpetrators to justice without delay.

    Read Also: Man docked over defilement of five-year-old girl

  • Absence of defence counsel stalls   trial of Ejigbo 10

    Absence of defence counsel stalls   trial of Ejigbo 10

    The absence of a defence lawyer, Mr O.R Sokunbi Thursday stalled the trial of 10 persons facing sexual assault and sodomy charges for the alleged torture of two women and a minor at the Oba Morufu Market, Ejigbo at an Ikeja High Court.

    Sokunbi, who is  the defence counsel to  the second and third defendants, Buhari Yusuf and Abdullahi Haruna was not in present at resumed sitting of the court yesterday.

    The defence counsel was to lead his clients in defence sequel to the completion of the testimony of the first defendant, Isiaka Waidi.

    The prosecutor, Mr Yakub Oshuola, requested the court to close the case of the second and third defendants as a result of the development.

    The trial judge, Justice Oluwatoyin Ipaye, in a ruling, remarked that the counsel’s absence was a calculated attempt to delay the trial.

    She noted that the matter has suffered many delay by the tactics as a result of the activities of the defence counsel.

    “On October 23, counsel to the second and fourth defendants sent in a letter apologizing for his inability to come to court and he suggested a trial date of October 26”, noting that the defence counsel has not furnished to court any reason for his absence in court.

    Justice Ipaye consequently granted the request of the prosecution and closed the case of the second and third defendants.

    The judge directed the counsel to the fourth defendant, Mr O.P.  Popoola to open his defence by calling his witnesses.

    But Popoola could not open defence for his client as he had no witness in court.

    “My Lord, I was not expecting to start my defence today, the witness I wanted to call is not in court,” he said.

    Justice Ipaye adjourned the case till 1pm on October 30 and November 1 for continuation of trial.

    The market leader,  Waidi, 61;  Yusuf, 22; Haruna, 20,  Saheed Adisa, 29, Lateef Tijani, 37; Ahmed Adisa, 65; Azeez Akinosun, 36; Jimoh Busari, 50; Adekunle Adenuga, 38; and Oloruntoyin Dauda, 46, are standing trial for the alleged torture and sodomy.

    They are facing a-19-count charge bordering on conspiracy, attempted murder, sexual assault, maliciously administering poison, obtaining money by false pretence and deprivation of liberty.

    The absence of a defence lawyer stalled the trial at an Ikeja High Court, of 10 persons facing sexual assault and sodomy charges for the alleged torture of two women and a minor at the Oba Morufu Market, Ejigbo, Lagos.

    The market leader,  Isiaka Waidi, 61;  Yusuf, 22; Haruna, 20 and Saheed Adisa, 29 are standing trial for the alleged torture and sodomy.

    Others are Lateef Tijani, 37; Ahmed Adisa, 65; Azeez Akinosun, 36; Jimoh Busari, 50; Adekunle Adenuga, 38; and Oloruntoyin Dauda, 46, who is the woman leader of the market.

    They are facing a-19-count charge bordering on conspiracy, attempted murder, sexual assault, maliciously administering poison, obtaining money by false pretence and deprivation of liberty.

  • Court adjourns Mbanefo’s N100m libel suit until Nov. 6

    Court adjourns Mbanefo’s N100m libel suit until Nov. 6

    Justice Oluwatoyin Ipaye of an Ikeja High Court has adjourned until Nov. 6 a N100 million libel suit filed by Mr Louis Mbanefo, a Senior Advocate of Nigeria, against Independent Communications Network Ltd, a media company.

    Mbanefo, 73, a professor of Maritime Law, is the son of Sir Louis Mbanefo, the first lawyer from Eastern part of the country and a former Justice of the Supreme Court.

    He alleged that a story with the headline, “Judge stuns senior lawyer, Mbanefo, by denying him bail on self-recognition”, published in the May 5, 2015 edition of The News online magazine is defamatory.

    The News Agency of Nigeria (NAN) reports that online magazine had alleged in its story that Mbanefo, had stood surety for another lawyer, Mr Luke Emejulu, at the X-Squad, Lagos Police Command, Ikeja, Lagos.

    Following Emejulu’s failure to make an appearance in court, Mbanefo, according to th story, was arraigned before Magistrate Yewande Aje-Afunwa of an Ikeja Magistrates’ Court and charged with obstruction of justice.

    Mbanefo was allegedly refused to be set free  on self-recognizance by Aje-Afunwa, but was instead slammed a bail of N500,000 with a surety in like sum.

    Mbanefo, however, through his lawyer, Mrs Bibiana Orekyeh, in his N100 million suit against the media company, claimed that he was never arraigned at the Ikeja Magistrates’ Court and was abroad in London during the alleged proceedings.

    He claimed that his pristine reputation had been damaged by the publication and had suffered damages.

    In addition to the N100 million compensation, the lawyer is also seeking a declaration that the publication is defamatory to him and demanded an unreserved apology from the defendants.

    He said the unreserved apology should be published in five national newspapers and requested a removal of the cached title of the publication online.

    However, the defendants through their lawyer, Mr Benjamin Umudjoro, relied on the defence of justification and qualified privilege.

    According to them, the publication is not malicious but is a direct report from their reporter.

    They noted that Mbanefo, a public figure, is a role model to many young Nigerians and they (the defendants) are empowered by the Constitution of Nigeria to inform those that look up to the claimant of matters connected to him.

    They noted that criminal matters and court proceedings are of public interest.

    The defendants insist that Mbanefo is not entitled to N100 million damages, a unreserved apology or any other declaratory relief.

    However, all parties involved in the suit have agreed an out-of-court settlement.

  • Amnesty: Lagos CJ frees 62 juvenile offenders, 67 others

    Amnesty: Lagos CJ frees 62 juvenile offenders, 67 others

    No fewer than 62 juvenile offenders and 67 inmates with disabilities held at Kirikiri Female Prisons and Kirikiri Medium Prisons, Lagos, were on Monday released on the orders of the State Chief Judge, Justice Olufunmilayo Atilade.

    She said her intervention, particularly at the Female Prisons, was part of efforts to address the problem of underage offenders being locked up in prisons across the state.

    The News Agency of Nigeria (NAN) reports that Atilade had on Aug. 1 released 80 juvenile offenders held at Badagry Prison, Lagos, for sundry offences.

    The juvenile inmates, who are below 18 years, were arrested and prosecuted by the Lagos State Task Force on Environmental and Various Offences such as hawking and breach of peace.

    They are serving various prison terms after failing to pay fines imposed on them by the mobile courts across the metropolis.

    During Monday’s visit to the Kirikiri Prison, Atilade released 13 underage girls from the female prison and 49 underage boys from the Medium Prison.

    She said:“I am here with my delegation comprising judges of the High Court, officials of the Ministry of Justice, Office of the Public Defender (OPD) and Directorate of Public Prosecutions (DPP) as well as other stakeholders.

    “We are here to address the issue of underage offenders in our prison, we need to look into the problem.”

    The Head of Family Court in the state, Justice Yetunde Idowu, in her address, restated the Lagos State Government’s “zero tolerance” for children in prison.

    “It does not give us pleasure to be here, the Chief Judge, as well as other women here, are mothers and grandmothers.

    “The Lagos State Government has zero tolerance for children in prison, you should be home with your families,” she said.

    Idowu admonished the underage inmates not do anything that will bring them back to the prisons.

    The Head, Prison Decongestion Committee, Justice Oluwatoyin Ipaye, decried the condition of the children serving terms in the adult prison.

    Describing the situation as very sad, she noted that in instances where children break the law they should be dealt with a “lighter hand”.

    “The team is here, My Lady, the Honourable Chief Judge, has signed the release warrants and what is important is that we do not see you here again.”

    Mrs Funlola Odunlami, the Lagos State Solicitor-General, said the state government had enacted laws that prohibited putting children in adult prisons.

    Odunlami told the girls not to bow to peer pressure, pointing out that the state law forbids Hawking.

    Justice Atilade while releasing the 13 juveniles from the female prison, told the ecstatic girls to “go and sin no more”.

    From the Kirikiri Female Prison, the Chief Judge made a stop-over at the Kirikiri Medium Prison to free more juvenile offenders and well as disabled inmates from custody.

    NAN reports that the Kirikiri Medium Prison which has the capacity for only 1, 700 inmates, currently accommodates 3,816 inmates, of which 3,093 are awaiting trial, while 723 are convicted.

    The chief judge said her visit was prompted by an `SOS’  from Mrs Modupe Olubanwo, the Head of the Legal Team of the Fountain of Life Church.

    She noted that the names of 81 juvenile offenders were submitted to the High Court for screening for release with 49 certified for release from custody.

    To the  49 underage boys, Atilade said:“Go and sin no more” and ordered the seven of the freed male juveniles be handed over to the officials of the Ministry of Youths and Social Welfare for supervision and rehabilitation.

    While releasing the 67 inmates with physical disabilities, the chief judge said their release was on health grounds.

    “I have taken cognizance of the fact that 67 people living with disabilities are in the prison, I hereby release them on health grounds.

    “Those that have been convicted of their crimes will be handed over to the Ministry of Youths and Social Welfare for their empowerment and rehabilitation.”

    Earlier, in his address of welcome, the Deputy Controller of Prisons in charge of Medium Prison, Mr Emmanuel Oluwaniyi, praised the chief judge’s efforts in decongesting the prison.

    “This is the second time the Chief Judge is coming here to release inmates, the first time she released 64 inmates and this time we are hoping for the release of over 100 inmates.

    “We thank you for the mother we have found in you, the release of the inmates has reduced the pressure on the prison,” Oluwaniyi said.

    NAN also reports that the release of the inmates is in line with Section 1 (1) of the Criminal Justice Release from Custody Special Provisions Act, Laws of the Federation 2007

  • Lagos CJ grants freedom to 80 juveniles in Badagry Prison

    Lagos CJ grants freedom to 80 juveniles in Badagry Prison

    Lagos State Chief Judge, Justice Olufunmilayo Atilade, Tuesday, granted freedom to 80 juveniles in Badagry Prisons.

    The under aged whose ages range between 12 to 17 were said to have been arrested and charged with offences of breach of public peace, for hawking and having no means of livelihood.

    Only 28 inmates of the prison were initially scheduled for release by the Prisons Decongestion Committee headed by Justice Oluwatoyin Ipaye, which reviewed their cases.

    The Chief Judge had to  reviewed more cases together with her team when confronted by a large number of the under aged children languishing in the prison
    The prison premises smell like rat holes while most of the inmates were emaciated and malnourished.

    Justice Atilade said the freedom granted the under aged inmates of the prison was in conformity with the resolution of the judiciary to protect the Child Rights and also decongest prisons nationwide.

    Justice Atilade who was surprised at the high number of minors in the Badagry prison condemned the act of imprisoning underage irrespective of their offences.

    While setting the inmates free, the Chief Judge admonished them to be of good behaviour henceforth and to “go and sin no more.”

    “I pronounce, pursuant to the provisions of Sections 1(1) of the Criminal Justice (Release from Custody) Act, 2007 as well as Section 35 of the 1999 Constitution, you are all hereby released from custody”, Atilade said.

    The Chief Judge commended the various stakeholders including Office Public Defendant (OPD), Prisons Decongestion Committee and numerous non-governmental organisations that worked tirelessly to ensure the freedom of the inmates.

    Justice Atilade specially thanked, Mrs. Dupe Olubanwo, a social worker, who she said initiated the emergency prison visit due to her outcry of the overwhelming underage inmates languishing in Badagry Prison.

    Justice Yetunde idowu, who is the head of Family Court Division of the Lagos State Judiciary also condemned the imprisonment of the under aged inmates.

    According to her, the Lagos State and the Judiciary have zero tolerance for child abuse.

    “Keeping a child in prison for more than 24 hours traumatises such child and such should not be condoned at all in the state. We don’t want to encourage delinquency and we are starting today.

    “The aim of the Criminal Justice System in respect of child offender is rehabilitatory and reformatory.  We are urging everyone to quickly bring these kind of cases to our attention

    Solicitor-General, Mrs. Funlola Odunlami also said that the state especially Governor Akinwumi Ambode frowned at child abuse and will not condone child imprisonment.

    Odunlami also promised the prison authority that the state would look into all of their demands notwithstanding that it is a federal institution.

    Earlier in his welcome address, the Deputy Controller of Badagry Prison, Mr. Oyeniran Famuwagun decried the decongestion of the prison

    He said the prison built to accommodate 320 presently accommodated 584 inmates.

    He explained that 195 of the inmates are on the awaiting trial list. 389 others are convicts with a working staff population of about 70 staff.

    Famuwagun also complained of inadequate funding, lack of portable water and overstretched infrastructure at the prison particularly vehicles for conveying the inmates to courts.

  • How ‘doctor’ duped woman of N66.9m – EFCC

    How ‘doctor’ duped woman of N66.9m – EFCC

    Justice Oluwatoyin Ipaye of the Lagos State High Court, Ikeja, has remanded a self-styled doctor, Innocent Chukwu and a woman, Mrs. Obiageli Anachebe, who allegedly defrauded a businesswoman of a total sum of N66,900,000.00.

    Justice Ipaye made the order following the defendants’ not guilty plea and adjourned till October 14, for hearing of their bail applications.

    The Economic and Financial Crimes Commission (EFCC) arraigned Chukwu, alias Dr. Ohamadike, and Anachebe on a five-count charge with No. ID/1332C/2015, bordering on conspiracy to obtain money by false pretences, stealing by fraudulent conversion and concealment of deed.

    It said the defendants, with intent to defraud, obtained N50,000,000.00 from a businesswoman, Mrs. Vivian Amadi, “under the false pretence that they were capable of solving all her problems by spiritual means,” knowing the representation to be false.

    The Commission also alleged that Chukwu dishonestly obtained and concealed title documents of a building situated at No. 4, Nteje Street, New Haven, Enugu, valued at N35, 000,000.00 property of Amadike.

    The anti-graft agency, represented by its counsel, Mr. Kunle Fayanju, said both alleged offences were committed between October and December 2013, in Lagos.

    It added that Chukwu, on or about February 14, 2014, dishonestly converted the sum of N16, 900,000.00 property of Amadike and Pamela Ihediwa of Bluebeam Capital Ltd, Lagos.

    Chukwu, the Commission said, obtained the sum by claiming to have for sale, a United States dollar equivalent of the N16.9m “which representation he knew to be false and dishonest.”

    According to the Commission, the offences contravened Section 8(a) and 1(3) of the Advanced Fee Fraud and Other Related Offences Act No. 14 of 2006 and Sections 285(9)(c) and 288 of the Criminal Law of Lagos State, 2011.

     

  • Judge lambasts EFCC counsel over misconduct

    Judge lambasts EFCC counsel over misconduct

    Justice Oluwatoyin Ipaye of a Lagos High Court, Ikeja, on Thursday lambasted a counsel of the Economic and Financial Crimes Commission (EFCC) Mr. Babatunde Sonaiki, for what she termed “gross professional misconduct”.

    Justice Ipaye chided Mr. Sonoiki for obtaining a forfeiture order from another court in respect of a matter pending before her.

    The EFCC had filed charges against a business woman, Mrs. Moji Yakubu, her company, Monan Trading Company and nine other persons over alleged N800million theft.

    The commission had alleged that Mrs. Yakubu and co-defendants conspired to steal about 10 hectares of land located at Sangotedo, Lekki, Lagos.

    When the defendants were arraignment in February this year, Justice Ipaye raised the issue on whether land can be stolen and asked the EFCC counsel to address her on the matter.

    Rather than wait to address the court on Thursday, the EFCC lawyer went before another judge, Justice Aishat Opensanwo and obtained an order to temporary seal an ongoing project supervised by Monan Trading Company on the disputed land.

    When the matter came up on Thursday, Justice Ipaye informed parties that the ruling was not ready and adjourned the matter till September.

    Counsel to the defendant, Mr. Yemi Adeshina, however drew the attention of the judge to the forfeiture order allegedly obtained by the EFCC against his client.

    Adesina told the court that the order amounted to “window shopping” by the EFCC and should be immediately set aside.

     

     

  • Armed robbery: Bricklayer sentenced to death by hanging

    Armed robbery: Bricklayer sentenced to death by hanging

    A ‎bricklayer, Femi Adebowale was Tuesday sentenced to death by hanging for conspiracy and armed robbery.

    Justice Oluwatoyin Ipaye of a Lagos High court, sitting in Ikeja found the convict guilty of a four count charge offence preferred against him by the Lagos state government in accordance with section 295(2) of the Criminal Law of Lagos State.

    She said the minimum penalty provided by the law is death sentence for each of the four account offence for which the convict was charged.

    “‎In accordance with the provision of the law, you are hereby sentenced to death by hanging by the neck until death. May the Lord have mercy on us”, she said.

    The Prosecution, Mr. Akin George had accused Adebowale of robbing one Alhaja Amudalat Olowo-Eyo of gold jewelries‎ valued over N500,000.00; cash of N350,000.00 and other valuable documents at gun point.

    The prosecutor said the convict, with others at large, robbed their victims on December 28, 2012 between 1.00 a.m. and 2.00 am at their residence, 10, Aiyetolu street, Abule Egba, Lagos.

    The convict, when arraigned last year, had pleaded not guilty to the four count charge.

    During trial, the complainant, Alhaja Olowo-Eyo had told the court how the convict and others at large robbed her‎ at her residence.

    She had told the court that she and her family were gathered in their parlour and ‎told that they would waste their lives if they refused to cooperate with them.

    She said she identified the convict as being among bricklayers brought in by her landlord for the renovation of the house two days before the incident.

    She said that after robbing then, her husband was able to pin one of the robbers down, a situation that gave her courage to also held to another robber next to her.

    In order to free himself, she said the robber shot her twice in the chest but that God kept her alive.

    She said colleagues of the convict who escaped came back 20 minutes later and rained bullets on their apartment.

    She said one of her daughters was hit in the stomach, another on the back while her son was hit on the thigh.

    She said the incidence was reported at Ile Epo Police station while they were treated at the General Hospital in the area.

    Delivering judgement in the matter, Justice Ipaye dismissed the alibi provided by the convict that he was away in Akure for his marriage introduction ceremony on the day of the incident.

    She also‎ described as not credible, the evidence provided by the supposed father in-law who told the court during trial he met the convict for the first time on the day of the ceremony.

    Citing several authorities, the trial judge noted that the evidence provided before the court by the complainant and her daughter‎ among other evidences were not controverted by the defence led by his counsel, Yemi Omodele.

    Justice Ipaye said the prosecution proved their charge of conspiracy as the act was carried out by more than one person.

    She also said that the prosecution proved the case of armed robbery against the convict.

    Justice Ipaye sentenced the convict to death “by hanging by the neck until death” stressing that the prosecution has proved his case beyond reasonable doubt.

  • Court refers Lai Mohammed’s suit against Metuh to ADR

    Justice Oluwatoyin Ipaye of a Lagos High Court sitting in Ikeja on Wednesday referred the N500 million libel suit filed by the Minister of Information, Alhaji Lai Mohammed, against the Peoples Democratic Party (PDP) spokesman‎, Olisa Metuh, to mediation court.

    Justice Ipaye ordered the suit case file to be taken to the Alternative Dispute Resolution (ADR) Prompt Administrator to set the ADR in motion.

    “Now that pleadings have been closed, seven days from today please head to ADR Centre for mediation of this dispute,” Ipaye ruled.

    At the resumed hearing of the matter on Wednesday, Mr. U. A. Otahine, the counsel to Metuh, told the court that he filed two applications dated April 25, 2016.

    According to him, ‎the defence in the first application is requesting for an extension of time to file the statement of defence and originating processes.

    He said the second application is seeking an extension of time to file a counter-affidavit

    In his response, counsel to the minister urged the court to set the case for trial.

    But the trial judge declined his request and said the matter will go first for arbitration.