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Tag: Justice Opeyemi Oke

  • Lagos CJ grants freedom to 19 inmates of Ikoyi prison

    Lagos CJ grants freedom to 19 inmates of Ikoyi prison

    The Chief Judge of Lagos State, Justice Opeyemi Oke Wednesday granted freedom to 19 inmates of Ikoyi Prisons.

    The released inmates have been awaiting trial for between three to five years.

    Justice Oke also disclosed plans by the state judiciary to review the fines and sentencing guidelines of suspects convicted in minor offences.

    Amongst those who breathed the air of freedom Wednesday is one Damilola Joseph, a final year Computer Science student of University of Lagos who was charged for stealing but has remained in prison custody since 2016 following his inability to perfect his N250, 000 bail conditions.

    The Chief Judge told the released inmates to henceforth be of good behaviour and desist from any act that would bring them back to prison.

    “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 hereby released from custody today, February 21, 2018.

    “I want you to henceforth be of good behaviour. Make sure you don’t breach any law again. You have to determine within yourself to be a law abiding citizen and go out there and sin no more”, she admonished the released inmates.

    Reacting to complaints by some inmates of the prison who have been unable to pay  fine imposed on them in place of imprisonment and stiff bail conditions, Justice Oke said that the state judiciary is aware of the challenges faced by such inmates and is working towards addressing it.

    “We have heard your complaints and you can be rest assured that we are working towards addressing them.

    “By next week, we are having a meeting with magistrates to address some of these issues including bail conditions.

    “Thereafter, I will be signing a new policy regarding fines and sentencing guideline on cases before our courts,” she said.

    Earlier in his welcome address, Deputy Comptroller of Prisons in charge of Ikoyi Prisons, Ogunsakin Tolu expressed appreciation to the Chief Judge for her commitment to the release of deserving inmates.

    Ogunsakin however appealed to the Chief Judge to assist the prison authorities in its decongestion effort by accelerating trial and adopting community service for minor offences.

    “Your lordship, I am appealing to you on passionate ground to help us in the area of acceleration of trial, and dispensation of justice especially where minor offence can be given a community service as punishment for such offenders.

    “I also appeal for the introduction of parole as it is being done in some countries and the issue of amnesty by the state governor in order to reduce the overcrowding in our prisons,” he pleaded.

    According DCP Ogunsakin, Ikoyi Prison built in 1955 with a lockup capacity of 800 inmates presently have 2752 inmates made up of 2261awaiting trial inmates and 491 convicted inmates.

    Read Also: Lagos CJ frees 43 Ikoyi prison inmates

  • Lagos CJ frees sick prison inmate

    Lagos CJ frees sick prison inmate

    The Chief Judge of Lagos State, Justice Opeyemi Oke, on Tuesday released an inmate of Kirikiri Medium Security Prisons, Lucky Nelson, who is suffering from tuberculosis.

    However, the chief judge declined to release 14 inmates whose cases were forwarded to her because they failed to meet the criteria for pardon.

    Nelson, who has been in prison since 2012 for obtaining N25, 000 under false pretence is also diagnosed of diabetes.

    On enquiry, a nursing officer of the prison who brought his medical file before the chief judge, said the inmate’s case has defied medication.

    Justice Oke said Nelson was released from prison on compassionate ground because of ill- health and “to prevent the spread of tuberculosis amongst other inmates.

    “I also considered the period you have been in custody without trial,” she said.

    Exercising her power to grant amnesty, Justice Oke freed the inmate on compassionate ground.

    ” 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 Lucky Nelson, you are hereby released from custody this 20th day of February, 2018.

    “I want you to go out there, be of good behaviour and sin no more,”  the chief judge added.

    However, 10 inmates of the Kirikiri Female Prisons who are nursing mothers, failed to meet the criteria for release during the visit by the chief judge.

    She ordered the Director, Directorate of Public Prosecution (DPP), Ms Titi Shita-Bey and Director in the Office of the Public Defender (OPD), Mrs. Olubukola Salami and their officials to take the inmates’ details.

  • Three Lagos judiciary staff to be docked for corruption

    Lagos State Chief Judge, Justice Opeyemi Oke, said on Monday the three staff of the Litigation Registry in the state judiciary and a youth corps member arrested for alleged corrupt practices last month would arraigned in court soon.

    Also to be arraigned alongside the quartet was a tout who has been in the habit of impersonating as a staff of judiciary and defrauding court users.

    Justice Oke disclosed this while inaugurating her Commitment Statement at the Igbosere, Ebute Metta and Yaba Magistrate Courts premises.

    She said the staff had appeared before the Lagos State Judiciary Staff Commission which looked into the matter against them, adding that the incident marked the end of their career in the service.

    She said another court registrar would also appear before the Judiciary Service Commission soon for alleged corrupt practices.

    The CJ said the magistrate the registrar was working reported that the court official asked a party in a suit to pay him N50,000 to get the court to make an order in his favour.

    She said: “We don’t want anybody to destroy the Lagos State Judiciary. The judges are fully in support of the fight we are waging against corruption in the system.

    “The bar is also determined to fight corruption with us. The members of the bar are the users of the court. They too have promised to report back to us.”

     

  • Corruption charge: Justice Nganjiwa seeks transfer of case file to another judge

    Corruption charge: Justice Nganjiwa seeks transfer of case file to another judge

    Justice Hyeladzira Ajiya Nganjiwa of the Federal High Court, Bayelsa Division, has asked the Chief Judge of Lagos state, Justice Opeyemi Oke, to transfer his case file to another judge for trial.

    In the alternative, he sought a court order dismissing the charge which he said constitute double jeopardy against him.

    Justice Nganjiwa is facing a $260,000 and N8.65 million (totalling about N81, 705,000) corruption charge, brought against him by the Economic and Financial Crimes Commission (EFCC) before Justice  Adedayo Akintoye of Igbosere High Court.

    At resumed proceedings Monday, Nganjiwa through his counsel, Chief Robert Clarke (SAN), accused the trial judge of bias in favour of the prosecution.

    His counsel, Chief Clarke told the court that he has written a letter dated November 10, 2017 to the Administrative Judge seeking transfer of the matter to another judge.

    He said he has also filed an application objecting to trial of his client before the Judge.
    The prosecutor of the EFCC, Wahab Shittu, at this stage said he was not aware of the defendant’s application and was subsequently served in the court.

    In the letter, Clarke said “the trial judge is presiding over the charge number LD/2544/16, FRN v Rickey Mustapha Tarfa and the counts, facts of the charge
    against my client are substantially similar to the counts/facts of the charge against Ricky Mustapha Tarfa.

    “In essence, my Lord, I am of the view that opinion formed by the learned trial judge as regards charge LD/2544/16 will invariably lead to same opinion in the information against my client.

    “My Lord, as it stands, fair trial in the eye of a reasonable man is likely to be tainted as there is likely of bias”.

    Asked by the court to explain what he meant by bias, Clarke maintained that there is a presumption of bias by the trial judge in favour of the prosecution.

    “It is for the judge to decide if a prima facie case has been established against the defendant. But in the case, it is the Director of Public Prosecution (DPP) that is saying a prima facie case has been established.

    Clarke also told the court that their application before the court was brought pursuant to section 36(9) of the constitution and sections 173,175 and 216 of ACJL of Lagos State 2011.

    He said their application is supported by an affidavit containing all the facts of bias against his client.

    Clarke stated further: “Our main request is for this court to return the case file to the Chief Judge for purposes of re-assignment to another judge”, he said.

    In the alternative, he sought an order dismissing the charge on the ground that “the charge as filed constitutes double jeopardy against the defendant “.

    Clarke said: “there is a sister case before this court containing virtually all the allegations and particulars in this new case.

    “You cannot make up your mind in one particular case and change it in another case. We are not afraid that justice must be done, but justice must be seen to have been done”

    In his response, EFCC prosecutor, Shittu described the application as a attempt to frustrate trial.
    He said the application was also contentious and should not be allowed.

    Shittu reminded the court of past attempts by defence to stall trial.

    “Your lordship, you cannot stay proceedings in a criminal matter.

    “The applicant is imputing bias merely on speculative conclusions that a case is pending before your lordship”,Shittu argued that there was no way the matter in the other matter involving Ricky Tarfa can influence the mattet before the court as no decision has been taken on it.

    He also asked the court to take judicial notice of the fact that the defendant is not on a joint trial with Tarfa in the other case NIR a witness in the matter.

    He contended that the defence has failed to lead evidence that the court will be bias in the matter.
    “The defence has not shown that your lordship has particular interest in the matter and that your lordship has no relation with the defendant.

    “Your lordship has not exhibited any partisanship. The court is only exercising judicial powers in relation to the matter.

    “It is speculative to say that the judge should hands off. The circumstances are different. The particulars are different.

    “There is no ground for the application from all parameters. So this application is premature. Anybody alleging bias must provide all the particulars, “he maintained.

    At this stage, Chief Clarke asked the court for a short adjournment to enable the Administrative Judge take decision on their letter, ” after all no court can transfer a judge without the approval of the Chief Judge “.

    Justice Akintoye has reserved ruling in the matter till November 22.

     

  • Ambode to swear in acting CJ Monday

    Ambode to swear in acting CJ Monday

    Lagos State Governor, Akinwunmi Ambode, will swear-in Justice Opeyemi Oke as the Acting Chief Judge of the state on Monday.

    Justice Oke, who is the most senior judge in the state judiciary, is taking over in acting capacity following the retirement of Justice Olufunmilayo Atilade who will attain the statutory retirement age on September 24.

    Justice Atilade on Monday paid a courtesy visit to the Governor at Lagos House to officially announce her retirement from the state’s judiciary.

    Receiving the outgoing CJ, Governor Ambode pledged his administration’s determination to prioritize the welfare of serving and retired judges in the state to enable them to continue giving their very best to the economic prosperity of the state.