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Tag: Kogi State High Court

  • Court dismisses libel suit against Vintage Press, others

    The Kogi State High Court sitting in Idah on Wednesday dismissed a libel suit brought against the All Progressives Grand Alliance (APGA), Vintage Press Limited, publishers of The Nation newspaper, Guardian and Punch newspapers, for lacking in merit.

    Justice Fola Ajayi in his judgment on the suit filed by the suspended Kogi chairman of APGA, Prince Ocholi Ameh, alleging defamatory imputations against him arising from publication of certain statements, dismissed the suit.

    Read Also:Alleged fraud: You have case to answer, court tells Dokpesi

    He said that it was clear that from the findings that the claims could not be substantiated as the alleged diversion of fund and anti-party activities upon which the publications were based had been proven.

    The defendants, including Mr. Ben Nweke, were alleged to have committed the offence sometimes in November, 2015.

    Ameh had averred that while preparing for the 2015 gubernatorial election, the 1st defendant (Nweke), a card-carrying member of the party and the other defendants had connived and made libelous publications against him.

    The publications, according to him, had alleged that he was suspended from the party for anti-party activities, diversion of funds, absenteeism and other acts inimical to the survival of the party.

    According to him, the publication therefore portrayed him as “a fraudulent, reckless and an irresponsible person,” all of which he claimed were false.

    The claimant stated that request by his solicitors for a retraction of the publication and an apology from the defendants was not heeded.

    In the judgment, Justice Ajayi held that the claimant had stated under cross examination that on October 26, 2015, the party gave him the sum of N1 million to organize the flag-off of campaign for the party’s gubernatorial candidate.

    He said that the claimant admitted that the campaign did not hold and neither was the money refunded just as no explanation was given to show how the money was appropriated, giving room for his suspension on November 11, in line with the party’s constitution.

    “I find without hesitation that the claimant has not proved that any offensive publication was made by the 1st and 2nd defendants against him to other person(s) in circumstances as to constitute libel.

    “It cannot be over emphasized that the isolated evidence of the claimant that the publication tarnished his good image and caused him to lose the respect and admiration of others is simply insufficient in law.”

    The court pronounced that in view of the clear findings, the defamatory imputations of diversions of fund and sundry anti-party activities alleged, were true.

    “The principle of law is settled by a long line of decided cases that if the defendant proves that the main charge or gist of the libel is true, the claim of libel fails.

    “The claimant need not justify the statement or comments which do not add to the sting of the charge. Accordingly, I find no merit in the claim and it is dismissed,” it declared.

  • Court grants Melaye N10,000,000 bail

    The Kogi State High Court sitting in Lokoja, on Wednesday granted the embattled senator representing the Kogi West Senatorial district, Senator Dino Melaye bail, in the sum of N10,000,000 and a surety in like sum.

    Melaye, who has been on admission at the National Hospital Abuja, and under police custody, was finally granted bail following his arraignment on allegations bordering on dealing in illegal firearms and other charges, over two weeks ago.

    The Chief Judge of Kogi State, Justice Nasiru Ajanah, in his ruling, stated that health condition of the accused stood as enough reason to grant him bail, adding that the offence alleged is not capital in nature.

    He explained that the prosecution failed to show that if granted bail, the accused will jump bail, just has he admitted Melaye on bail of N10 million and a surety in like sum.

    According to him: “The health situation of the 3rd defendant had earlier been admitted by the complainant to be such that they do not have adequate facilities to take care of him is a factor which merits consideration in this case”.

    Read Also; Court remands three politicians in Lagos over alleged murder

    He further stated that as at the time of this application made, the 3rd defendant was at Police Headquarters in Lokoja and the prosecution expressly stated that they had no medical facilities.

    Melaye, along with Kabiru Seidu a.k.a Osama and Nuhu Salishu a.k.a Small were arraigned before the Senior Magistrate Court 2 Lokoja, following which he was remanded in police custody under the Inspector General of Police.

    The defence counsel, led by Chief Mike Ozokheme (SAN), filed an application for bail at state High Court upon which the leading prosecution counsel, Dr Alex Izinyon (SAN), challenged it via a counter affidavit praying he be remanded in custody, for fear he might tamper with the course of justice.

  • Melaye bail application for Thursday

    The Kogi State High Court sitting in Lokoja, Monday adjourned hearing for the hearing of the bail application of Senator Dino Melaye (Kogi West), to (Thursday) May 10, 2018.

    This followed the inability of parties to submit their counter affidavit and “better” affidavit to the written bail application by Melaye’s counsel, when Justice Nasir Ajanah, last Friday, ordered that the lawmaker be transferred to the National Hospital Abuja.

    The prosecution led by Dr Alex Iziyon (SAN), readied a counter affidavit to the written application for bail by Chief Mike Ezekhome (SAN), Melaye’s counsel, to which the latter had sought the court’s permission to file a “better” affidavit to the counter affidavit by the prosecution.

    Ajanah was to ask that a new date be picked to allow for the examination of written affidavits, none of which had been filed, as at the time of the sitting.

    The Chief Judge of Kogi State, Justice Ajanah had adjourned for the continuation of hearing in the written bail application filled by the defense counsel, asking for variation of the remand order placed in Senator Melaye.

    This followed last Thursday’s refusal to grant bail to the lawmaker, when he was arraigned before the Senior Magistrate Court 2, sitting in Lokoja on a seven-count charge bothering on criminal conspiracy and illegal possession of fire arms.

    Ajanah had said that in view of the critical health conditions as espoused by the counsel to the applicant, he should be moved to the National Hospital, Abuja for proper medical attention.

    Read Also: Court orders Melaye’s remand at Abuja hospital

  • Court orders monarch to vacate

    Court orders monarch to vacate

    The Kogi State High Court sitting in Isanlu, Yagba East Local government Area has sacked the Baake of Egbe, Abiodun Agbana.

    The court which gave the ruling on an interlocutory injunction brought by Folunrunsho Aremu, a retired Army captain, ruled that Agbana’s ascension to the throne was lacking in constitutional power.

    Aremu instituted the case against the monarch and three others, challenging the selection and appointment of Agbana as the paramount ruler of Egbe.

    Delivering judgment in the cases with number: KGS/IHC/10/2016 and KGS/EHC/5/2016, Justice Obayomi invalidated the appointment and asked parties to return to status quo.

    He barred the state government, the state ministry of local government and chieftaincy affairs and the Yagba traditional council from going ahead with the planned coronation, just as he granted an order of mandatory injunction setting aside the recognition of Abiodun Agbana by the Kogi State government.

    He further granted an order of injunction setting aside the issuance and acceptance of the certificate of recognition earlier issued the traditional ruler by the state government, “and any act or acts made in furtherance of the said acceptance by the defendant”.

    The judge set aside the proposed coronation of Agbana, on grounds that he resorted to self-help while the case was still pending before the court.

    “The 1st defendant is hereby restrained from parading, holding himself out and or in any manner whatsoever acting as the traditional ruler, pending the hearing and determination of this suit.

    “An order restraining the defendants, especially the traditional institutions from setting in motion any process for rhe appointment of the Baale of Egbe during the pendency of the consolidated suit,” Justice Obayomi ruled.

    Read Also:Mechanic to Court: My wife is having affair with herbalist

  • Melaye assassination attempt: Court orders prosecutor to appear with case file 

    Melaye assassination attempt: Court orders prosecutor to appear with case file 

    Justice Fola Ajayi of the Kogi State High Court sitting in Lokoja, has ordered the prosecutor in the case of assassination attempt on Senator Dino Melaye (Kogi West) to appear with the case file at the next adjournment.

    Ajayi Monday at the resumed hearing of the case brought against the chairman of Ijumu LGA, Alhaji Taufiq Isa and four others for the alleged Assassination attempt frowned at the continuous absence of the prosecutor, Lough Simon and his team, saying that he has a limited time to conclude the case, being a criminal case that “require us starting afresh”.

    He urged the prosecuting counsel to appear physically with the case file at the next hearing, before granting an adjournment to 22nd March, 2018.

    The death of the former judge handling the case, Justice Arome Akogwu, last year December, cause the reassignment of the case to Justice Atayi.

    Since the reassignment, the prosecution counsel and his team have failed to appear in court for the second time running.

    Read Also: Assassination attempt: Dino Melaye arraigned, granted bail

  • Kogi: Court adjourns activist’s trial 

    Kogi: Court adjourns activist’s trial 

    The Kogi State High Court sitting in Lokoja has adjourned the trial of Comrade Austin Okai till 21st June, 2017.

    Justice Ishaq Mohammed Sani of Court 1 Wednesday adjourned trial in the case till June 21, for judgement.

    Earlier, the amended charges by the prosecutor was read to the court as they were increased from the original 13 to 14 counts.

    The defence counsel, J.S Okutepa (SAN), said the 14th count charge disclosed carries no offence known to law, “vague and not sufficient to what constitute offences in the sight of law”.

    He added: “This is a criminal offence as they claim, and petition should not be written by proxy. The governor should sign the petition, submit it and come to the court of law.

    “The prosecutor should not massage the ego of those in power and the individual who is alleged to have been defamed should go and complain himself to the Nigeria Police Force”.

    He alleged that his client’s social media account was hacked by Kogi State government officials.

    “The 14th count charges brought before this court of competent jurisdiction is not injurious, known to the law and it is too late for the prosecutor to introduce it at this stage”, said Okutepa.

    He urged the judge to maintain the rights of Austin Okai, and Nigerians to point out errors and ego of people in government, pointing out that the charges submitted by the prosecution have no power to summon a witness.

    “Section 37 of the Constitution of the Federal Republic of Nigeria states that privacy of a citizen is guaranteed and protected, so I don’t know why some overzealous aides of the governor instead of facing governance will hack into a citizen’s account,” he said.

     

  • Court sentences two cattle rustlers to death by hanging 

    Court sentences two cattle rustlers to death by hanging 

    Two members of a notorious interstate cattle rustling syndicate, Muhammed Laal Jauro and Yusuf Sanni have been sentenced to death by hanging by the Kogi State High Court sitting in Okene.

    The two convicts were charged before Hon. Justice Josiah Majebi, on four counts charges, including criminal conspiracy to commit armed robbery, criminal conspiracy to commit criminal homicide and culpable homicide, all of which contravened sections of Penal Code.

    Justice Majebi Thursday found the cattle rustlers guilty of all the charges despite pleading not guilty to the charges.

    The prosecutor witness had told the court that sometime in January 2006, one Dauda Abdullahi made a report of the gruesome murder and theft of the cows of one Haruna in one of the farm centers in Okene.

    He told the court that upon further investigation, the accused persons were arrested at Ajase-Ikpo in Kwara State while their leader, Awaijo Wetti, was still at large as at the time of the prosecution.

    He said that the convicts admitted committing the offences together with the said leader when they narrated how they grouped and subsequently macheted their victim to death in his farm, and eventually stole his cows which they took to Ajase-Ikpo before they were apprehended.

    The first accused person, Muhammed Lawal Jauro’s confessional statement which was corroborated by the second, Yusuf Sanni, was relied upon by the court to arrive at its verdict. They both stated how they and their other gang members conspired to commit the crime in December 2015.

    Jauro in his confessional statement said: “Sometime in the month of December 2015, one of my friends by name Yusuf living at Kabba junction Zariagi called me on phone and said there are some cows belonging to one Haruna at the bush of Okene, that we should go and steal the cows. After that, our leader by name Agwaijo Wetti living at Tyre village along Okene-Auchi road asked us to meet at the bush of Okene which we did. It was there myself, Yusuf, Ado and our leader, Agwaijo Wetti gathered us and led us and all of us were holding cutlasses and we met the owner of the cow rearing his cow and all of us macheted him with cutlasses until he died before three of us took control of the cows to Ajase-Ipo in Kwara state”.

    In his judgement, Justice Majebi declared that the confessions of the accused persons were weighty and admissible in determining the case against them.

    “The confessions of the respective accused persons are graphic, direct and the accused persons stated that after killing the deceased Haruna, they went with his cows to Ajase-Ikpo where they were arrested and the cows were recovered in the bush where they kept them”, Justice Mehabi declared.

    The court held that the denial of their guilt before the court could not be substantiated because, “the admission of the commission of the said offence by the accused persons in their respective statements is clear, specific and unambiguous.”

    Justice Majebi held that the prosecution satisfactorily established that the death of the deceased was caused by the convicts as there was “a nexus between the acts of the accused persons and the death of the deceased”.

    Thereafter, the court sentenced them to 28 years each on the first three count charges and sentenced them to death by hanging on the fourth charge of culpable homicide

    “By the said pieces of evidence, I hold the prosecution has satisfactorily established the death of the deceased and that same was caused by the accused persons. I hold that the prosecution has proved all the ingredients of each of the heads of charge against the accused persons thereby raising presumption of guilt against them in respect of all the heads of charge.

    “It will amount to flying in the face of the evidence before the court to believe the story of the accused persons that they have no knowledge of the commission of the offences and the exhibits tendered except their handsets. To believe same is to believe the holiness of a Bishop hanging a talisman on his neck, ” Said Justice Majebi while pronouncing the court’s verdict.

     

  • Another judge kidnapped in Kogi, orderly killed

    Another judge kidnapped in Kogi, orderly killed

    Barely one year after a judge of the Kogi State High Court, Justice Samuel Obayomi was kidnapped and his police orderly killed, a judge of the Customary Court of Appeal in the state, Mr. Isaq Momoh Jimoh Usman has been Kidnapped by suspected gunmen.

    His police orderly was reportedly killed during the incident which occurred along the Itakpe – Kuroko road Sunday evening while they were returning to Lokoja.

    The judge was said to have travelled to his village over the weekend and was returning to Lokoja when the suspected gunmen stopped his car along the Okene – Itakpe bye pass in Okehi local government.

    It was learnt that the suspected kidnappers mowed down the police orderly immediately while the driver of the judge received bullet wounds, before their victim was taken to unknown destination.

    A source said that the late police orderly made to prevent the kidnappers from abducteding the judge when he was shot by one of the abductors, and his service pistol taken away.

    The remains of late police orderly said the source, was deposited at the morgue in an undisclosed hospital, and the driver who was said to have received several gun shots is receiving treatment at an undisclosed hospital in Lokoja.

    Confirming the incident, the information officer, Kogi State Ministry Justice , Mr. Saqeeb Saeed, said that the Customary Court of Appeal judge was kidnapped along Okene – Kuroko bye pass on Sunday evening.

    Efforts made to confirm the killing of the police orderly proved abortive as calls made to the Kogi Police Public Relations Officer, Mr. Wllly Aya was not responded to.

    Similarly, it was gathered that two yet-to-be identified women coming from Abuja were abducted along the Obajana – Okene road last friday

    It would be recalled that a forthnight ago, the Inspector General of Police, Mr. Solomon Arase deployed a detachment of Special Anti-robbery Squad from Abuja, while apatrol helicopter was stationed in Lokoja to combat the menace of kidnappers in Kogi State.

    However, barely one week after the federal SARS operatives returned to their base, activities of the abductors appeared to have spiked in Kogi State again.

  • Gunmen kidnap judge in Kogi, orderly killed

    Gunmen kidnap judge in Kogi, orderly killed

    Barely one year after a judge of the Kogi State High Court, Justice Samuel Obayomi was kidnapped and his police orderly killed, a judge of the Customary Court of Appeal in the state, Mr. Isaq Momoh Jimoh Usman has been kidnapped by suspected gunmen.

    His police orderly was reportedly killed during the incident which occurred along the Itakpe – Kuroko road Sunday evening while they were returning to Lokoja.

    The judge was said to have travelled to his village over the weekend and was returning to Lokoja when the suspected gunmen stopped his car along the Okene – Itakpe bye pass in Okehi local government.

    It was learnt that the suspected kidnappers mowed down the police orderly immediately while the driver of the judge received bullet wounds, before their victim was taken to unknown destination.

    A source said that the late police orderly made to prevent the kidnappers from abducting the judge when he was shot by one of the abductors, and his service pistol taken away.

    The remains of late police orderly said the source, was deposited at the morgue in an undisclosed hospital, and the driver who was said to have received several gun shots is receiving treatment at an undisclosed hospital in Lokoja.

    Confirming the incident, the information officer, Kogi State Ministry Justice, Mr. Saqeeb Saeed, said that the Customary Court of Appeal judge was kidnapped along Okene – Kuroko bye pass on Sunday evening.

    Efforts made to confirm the killing of the police orderly proved abortive as calls made to the Kogi Police Public Relations Officer, Mr. Wllly Aya was not responded to.

    Similarly, it was gathered that two yet-to-be identified women coming from Abuja were abducted along the Obajana – Okene road last Friday

    It would be recalled that a forth night ago, the Inspector General of Police, Mr. Solomon Arase deployed a detachment of Special Anti-robbery Squad from Abuja, while apatrol helicopter was stationed in Lokoja to combat the menace of kidnappers in Kogi State.

    However, barely one week after the federal SARS operatives returned to their base, activities of the abductors appeared to have spiked in Kogi State again.

  • Fake ‘doctor’ bags life jail for kidnapping

    Fake ‘doctor’ bags life jail for kidnapping

    A Kogi State High Court sitting in Lokoja has sentenced a fake medical doctor, Joseph Adeika to life imprisonment for kidnapping his former employer’s eight-year-old son, Favour Sunday, in Ajaokuta.

    Justice Yunusa Musa of the Kogi High Court 5, handed down the sentence on Wednesday.

    Adeika was last week Thursday (June 2.) convicted of kidnapping Master Favour Sunday from his parents’ residence in Ajaokuta.

    The judge held that the prosecution had proved its case beyond reasonable doubt that the convict masterminded and executed the kidnap of Master Favour Sunday and collected ransom before the victim was released.

    The prosecution had told the court that Adeika, who was an office clerk with Channels Diagnostic Laboratory, Ajaokuta was disengaged by Mr. Sunday Okorodudu, Favour’s father and owner of the establishment.

    The convict was said to have later established Omega Clinic, Itobe in Ofu local government of the state with himself as the Chief Medical Director (CMD), where he carried on as a qualified medical practitioner.

    The prosecution also told the court that on March 15, 2016 the convict while armed with a gun, arrived Okorodudu’s residence at Abuja Estate, Ajaokuta and kidnapped the boy at gun point.

    The prosecution, led by Mohammed Abaji, Senior Legal Officer with the state Ministry of Justice further told the court that investigation led to the arrest and prosecution of the convict.

    Pronouncing the sentence, Justice Musa said sentence was deferred from June 2, following the plea by three counsels in the case, for postponement of the sentence of the convict.

    He said that section 3(1) of the Kogi State Kidnapping, Thuggery and other Related Offences Prohibition Law (2010), provides for life imprisonment without option of fine upon conviction.

    He accordingly sentenced the accused to life imprisonment without option of fine.