The Nation Newspaper

Tag: Justice Yusuf Halilu

  • UPDATED: Melaye gets bail on ground of ill-health

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has granted bail to Senator Dino Melaye currently being held in a police health facility in Abuja.

    In a ruling on an application by Melaye, argued by his lawyer, Mike Ozekhome (SAN) Justice Yusuf Halilu granted bail to Melaye on health ground.

    The judge asked him to produce three sureties, one of who must be the Clerk of the National Assembly, who must undertake to produce him when he is to be arraigned in respect of a charge already filed against him.

    The judge said the other two sureties must be owners of properties within the Abuja metropolis.

    Justice Halilu agreed with Ozekhome that the filing of a charge against Melaye by the police should not stop the court from exercising its discretion to grant bail.

    READ ALSO: Police relocate Melaye to SARS headquarters

    The Judge said since the police has exhibited a copy of the formal charge filed against Melaye, it was obvious that the prosecution has concluded plan to arraign him before a court.

    Justice Halilu noted it was only the living that stands trial and impracticable to arraign Melaye either on stretcher or on his hospital bed, it was rational to allow him on bail.

    Justice Halilu said since the issue of bail is a constitutional one it was for the prosecution to provide sufficient evidece to sustain it’s objection.

    The judge adjourned to a later date next week for his ruling on the substantive suit, in which Melaye is praying the court to among others, declare unlawful police’s siege on his Abuja home.

    He also wants the court to order the police to render a public apology to him.

  • Breaking: Court grants Melaye bail on ground of ill-health

     

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has granted bail to Senator Dino Melaye currently being held in a police health facility in Abuja.

    In a ruling on an application by Melaye, argued by his lawyer, Mike Ozekhome (SAN) Justice Yusuf Halilu granted bail to Melaye on health ground.

    READ MORE: Police relocate Melaye to SARS headquarters

    Justice Halilu was of the view the Senator must be healthy to stand trial.

    He said since the Senator cannot be arraigned on the stretcher or ‎on his hospital bed, he should be allowed on bail to attend to his health.

    The judge asked him to produce three sureties, one of who must be the Clerk of the National Assembly, who must undertake to produce him when he is to be arraigned in respect of a charge already filed against him.

    The judge said the other two sureties must be owners of properties within the Abuja metropolis.

     

    Details later…

  • World Bank: Two civil servants bag 105years for fraud

    World Bank: Two civil servants bag 105years for fraud

    An FCT High Court sitting in Jabi on Monday sentenced two civil servants, Mohammed Audu and Yusuf Ayodeji, to 105 years imprisonment, for fraudulent activities while handling a World Bank project.

    The convicts who were Procurement Officers in the Office of the Accountant-General of the Federation were arraigned by the Economic and Financial Crimes Commission (EFCC) in July 2016.

    Audu was docked on a 10-count charge while Ayodeji faced a five-count charge, both bordering on conspiracy, abuse of office and awarding contracts to companies in which they had interests, among others.

    The convicts were brought pursuant to Section 26 of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act 2000, punishable under Section 12 of the same Act.

    They were in charge of a World Bank project known as Government Integrated Financial Management Information System (GIFMIS), an economic reform governance project.

    The judge, Justice Yusuf Halilu, in his judgment, sentenced Audu to seven years imprisonment on each of the 10-count charges, amounting to 70 years.

    Halilu also sentenced Ayodeji to seven years each on each of the five-counts charge amounting to 35 years imprisonment.

    According to him, the convicts took advantage of their positions as procurement officers to perpetrate the criminal acts at the World Bank project.

  • Anambra guber election: Court refuses to hear motion seeking to stop Nwoye

    Anambra guber election: Court refuses to hear motion seeking to stop Nwoye

    …Reps member urges court to dismiss suit for lacking in jurisdiction

     

    Move to stop Tony Nwoye from participating in the primary of the All Progressives Congress (APC) ahead of the Anambra governorship election failed Wednesday as the sitting vacation judge of the High Court of the Federal Capital Territory (FCT), Justice Yusuf Halilu declined to hear a motion ex-parte filed to that effect.

    The motion ex-parte filed by Okechukwu Ogbonnaya, contained seven prayers, particularly prayer 6, for an order of interim injunction restraining the APC from “from clearing the 1st defendant (Nwoye) to contest or stand for its primary elections for the purposes of selecting the party’s governorship candidate for the forthcoming Anambra State governorship election pending the determination of the motion on notice.

    Although the case was listed in the court’s cause list for yesterday, the judge declined   to hear the applicant’s lawyer, who had sought the hearing of the ex-parte motion on grounds of urgency. The judge said there was no urgency to warrant the hearing of the motion.

    Ogbonnaya listed as defendants, in the suit, Nwoye, Chief    Arthur Eze, Atlas Petroleum International ltd, Oranto Petroleum Ltd, Fidelity Bank Plc, APC and Economic and Financial Crimes Commission (EFCC).  He is challenging, among others, the propriety of the alleged donations by Eze and others, to Nwoye’s governorship ambition.

    Nwoye has however challenged the court’s jurisdiction to hear the suit, arguing that the subject matter of the suit relates to Anambra governorship election, on which a court in Abuja cannot hear. He asked the court to strike out the case.

    Alternatively, he asked the court to order the plaintiff to put the defendants “on notice of prayers 3, 4, 5, and 7 in the motion ex parte filed on 31st July, 2017 to enable the 1st defendant (Nwoye) to be heard on those prayers as those reliefs are targeted at stifling the exercise of the constitutional right of the 1st defendant to contest for the Anambra State governorship election.”

    In a supporting affidavit, a lawyer in Nwoye’s team, Obinna Onya said the suit has a direct bearing on the Anambra State Governorship election, which has been scheduled by the Independent National Electoral Commission to hold on 18th November, 2017 and the primary election of the 6th Defendant which by the prescription of the electoral body must be held not later than August, 2017.

    Onya stated that he was informed by the leader of the legal team, Tobechukwu Nweke that the plaintiff lacks the locus standi to institute the case and that the court lacked the jurisdiction to entertain adjudicate over a pre-primary issue before the conduct of a primary election

    In further attacking the competence of the suit, Onya stated that “The originating summons and the affidavit in support (filed by the plaintiff) failed to disclose any reasonable cause of action

    “This matter being one bordering on criminality was wrongly commenced by originating summons. This matter is a gross abuse of the process of this Court

    “Being that this motion challenges the jurisdiction of this Court, it is just to set the issues of jurisdiction down for hearing and determination before any other step is taken in this matter.

    “Being that prayers 3, 4, 5, 6 and 7 in the motion ex parte filed on 31st July, 2017 are targeted at stifling the exercise of the constitutional right of the 1st defendant to contest for the Anambra State Governorship election, it is only just and proper that the Defendants be put on notice of those prayers to enable the 1st defendant to be heard on those prayers,” he said.

  • Turaki asks court to jail Magu

    Turaki asks court to jail Magu

    An FCT High Court was on Monday asked to commit the Acting Chairman of the EFCC, Mr Ibrahim Magu, for contempt of court for refusing to release former Jigawa governor, Saminu Turaki on bail.

    The application was filed before Justice Yusuf Halilu, who is the vacation Judge.

    Turaki was arrested on charges of money laundering by EFCC at a public function on July 4 following a bench warrant the commission said it got at a Federal High Court in Dutse, Jigawa in 2014.

    However, the former governor went to court to seek for enforcement of his fundamental human right arguing that the period of his detention by the EFCC had gone beyond the stipulated 48 hours provided by the constitution.

    The News Agency of Nigeria (NAN) recalls that Justice Yusuf Halilu on July 13, ordered EFCC to release the former governor from its custody on bail.

    Under the bail conditions Turaki was expected to present two sureties who must have a verifiable means of livelihood and must be resident within the FCT.

    He was also ordered  to deposit all his travel documents with the court registry and to report to EFCC every two weeks for signing of a register that would be opened for him.

    However, the EFCC filed a motion on July 14 asking the court to set aside the bail it granted to him.

    According to EFCC, the bail condition is too liberal and that the matter is already before the Abuja Federal High Court as at the time the court granted the bail.

    In an application filed on his behalf by Mrs Regina Okotie-Eboh of Rickey Tarfa Chambers, Turaki is praying the court to jail Magu for disobeying its order.

    He is also praying the court to compel the commission to release him from custody and rule that it has jurisdiction to hear the matter.

    Justice Halilu adjourned until July 20 to hear the application.

  • Fuel diversion: Court extends Ubah’s detention for 14 days

    Fuel diversion: Court extends Ubah’s detention for 14 days

    A High Court of the Federal Capital Territory (FCT) sitting in Jabi on Thursday granted an order for the Department of State Services (DSS) to further detain the Chairman of Capital Oil and Gas Limited, Ifeanyi Ubah for 14 days.

    Justice Yusuf Halilu gave the order while ruling on an ex-parte application filed by the DSS, which claimed it was yet to conclude its investigation into the case involving Ubah and needed an extension of the detention order.

    The judge had on May 10 granted a similar order to the DSS, permitting the agency to detain the Capital Oil and Gas chief pending the conclusion of investigation into alleged diversion of N11 billion worth of petrol by the businessman.