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Tag: Kwara state High Court

  • Offa robbery: Court refuses post-mortem of dead suspect

    Kwara State High Court, Ilorin, yesterday refused the exhumation of the body of the principal suspect in the April 5, 2018 Offa robbery, Michael Adikwu, for post-mortem.

    But the court granted the prayer of the defence asking for an independent examination of the alleged gunshot injuries sustained by the first, second and third accused.

    The accused, Ayoade Akinnibosun (first accused person), Ibikunle Ogunleye (second accused person), Adeola Abraham (third accused person), Salaudeen Azeez (fourth accused person) and Niyi Ogundiran (fifth accused person) were in court.

    Ogundiran had told the court how the police extracted his confessional statement from him under duress.

    The first, second and third accused persons had at the last adjourned date accused the police of shooting them in the legs to instil fear in them before extracting statement from them.

    They alleged that the police shot dead Adikwu while in their custody, contrary to the police’s claim that he died of an ailment in hospital.

    As a result, defence counsel Mathias Emeribe said: “In view of the fact that the four accused persons have given their evidence, I hereby apply for an independent medical examination of the legs of the first, second and third accused persons to determine whether the wounds on their legs are caused by gunshots.

    “I also ask for an order to carry out autopsy on the death of Michael Adikwu, the principal suspect, to find corroboration to evidence of especially the fifth accused person as well as the other three persons.

    “The essence of this is not unconnected with the fact that Adikwu was initially one of the accused persons charged with others and it is important that one of their own was allegedly killed before them.

    The fact of the cause of the death must be determined in order to find out the truth as to how the confessional statements were obtained.

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    “The name Michael Adikwu was repeated consistently by the four accused persons in this trial within trial and I think it will be in the interest of justice for the accused persons to put in a proper defence to get the result of that medical examination.”

    But prosecution counsel Prof Wahab Egbewole (SAN) opposed the application, describing it as strange.

    Said he: “I urge the court to refuse this strange application.

    Justice is not one-way traffic. It is available to all the parties and not only for the accused.

    “For the record, this is a trial within trial specifically to determine the voluntariness of the statements of the accused persons.

    “It is not for the court to look for evidence to corroborate his allegation. It is for him to do that.

    “This application is tantamount to inviting your lordship to come to the arena. The application is clearly shopping for evidence. The shooting of Adikwu has no relevance to the issue of a trial within trial.”

    Having listened to both parties, Justice Halima Salman took a shot break before delivering her ruling.

    In her ruling, Justice Salman said: “The court will avail the parties the facilities available in this case. It is, therefore, in the interest of justice and fair hearing to allow for a medical examination to know whether the healed wounds on the three suspects’ legs emanated from gunshots. I, therefore, grant the first prayer.

    “On the post-mortem examination of the body, there is nothing the autopsy will add to this case. It is baseless and pointless to grant the second prayer.”

    She ordered the registrar to prepare the “enrol order today to be served on the defence and prosecution.”

    Justice Salman adjourned the case till April 8 for continuation of defence in trial within trial.

     

  • Absence of defence counsel stalls Offa robbery case

    Absence of defence counsel Mathias Emeribe yesterday stalled the continuation of hearing of the Offa robbery suspects at the Kwara State High Court, Ilorin.

    The case had been adjourned till February 19 and 20 for continuation of examination of witnesses by the prosecution.

    The accused, Ayoade Akinnibosun, Ibikunle Ogunleye, Adeola Abraham, Salaudeen Azeez and Niyi Ogundiran were in court yesterday.

    Prosecution counsel Prof Wahab Egbewole told the court that Mr. Emeribe called and sent text message to him on what he described as “life threatening experience on the road” and suggested adjournment, which the court reluctantly agreed with.

    Justice Halima Saleeman expressed disappointment about the absence of the defence counsel.

    She said the prosecution counsel should have asked for details of the “life threatening experience” of the defence counsel.

    “Does it mean that he won’t step out of his room till after the national elections? I can’t fathom this excuse and explanation, for someone to sit in the comfort of his house and be sending text messages. This court is only interested in timely dispensation of the matter and any delay can put the court in jeopardy,” the judge said.

    She, thereafter, adjourned hearing till March 14 and 15.

    Addressing reporters after the sitting, Prof. Egbewole said the defence counsel called him on Sunday and also sent a text message to him on Tuesday that he could not be in court, suggesting a date after the elections.

    He said: “This is just to show on the part of the prosecution that we’ve arranged our witnesses because we have them here from Plateau and Zamfara states, to ensure that the matter proceeds. But here we are.”

     

  • Court sacks Kwara monarch

    A Kwara state High Court sitting in Ilorin, the state capital has asked Dr Stephen Olajide to stop parading himself as the Ollola of Olla, Isin local government area of the state.

    Aro of Olla, Chief Adebayo Adeniyi and three other claimants in Suit No. KWS/80/2016 had approached the court seeking an order setting aside the nomination, appointment, installation and coronation of Dr Olajide as the Ollola of Olla July 8th, 2017 while the case subsists
    in court.

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    Dr Stephen Olajide and six others were the defendants in the case.

    In his ruling, Justice M. AbdulGafar said “I have considered the application of the claimants and affidavit evidence of the claimants and the affidavit of the 5th-6th defendants and Dr Olajide as well as the submission of the parties.

    “It is clear to that the 7th defendant (Dr Olajide) was appointed during the pendency of this case. The Kwara state Governor and Attorney General and Commissioner of Justice (5th-6th) defendants carried out the installation of Dr Olajide while this case was pending before this court.

    “This court has an inherent jurisdiction to set aside any steps taken by the parties in defiance of court after the court is seized of the matter, Consequently, I hereby nullify and set aside the nomination, appointment and installation of the 7th defendant as Ollola of Olla.”

    Justice AbdulGafar adjourned the case to July 10th 2018 for mention.

  • Sahara Reporters v Saraki: Court declines contempt hearing

    Sahara Reporters v Saraki: Court declines contempt hearing

    An Ilorin, Kwara state High Court Thursday declined to entertain application filed by Senate President Bukola Saraki against the Publisher of online newspapers, Sahara Reporters, Omoyele Sowore.

    The judge, Justice Sikiru Oyinloye therefore referred the application to the Chief Registrar of the state Ministry of Justice for re-assignment.

    The same court had in May this year awarded N4 billion against Mr. Sowore for defaming the character of Senator Saraki.

    But, Mr. Sowore (defendant) approached the court praying for stay of execution of the judgement.

    While, the case subsists in court, Senator Saraki through his lawyer, Babatunde Olomu accused the Sahara Reporters publisher of scandalous publications against the court.

    In a motion of notice dated September 11th, 2017, Mr Olomu sought for “an order for Omoyele (2nd respondent) to appear in court in person and show cause why he should not be committed for contempt of court in respect of publications made scandalizing this court; an order refusing audience to the defendant/respondent in respect of their pending applications before the court until they purge themselves of the said contempt.”

    Saraki counsel based his application on “the provision of order 47 of the Kwara state High Court (civil procedure) rules 2005, empowers this court to punish a person for contempt of court by an order for committal; the 2nd defendant had published on several platforms on the World Wide Web, contemptuous and derogatory remarks of this honourable court and the person of the presiding judge, calculated to scandalize the court.”

    In his ruling, Justice Oyinloye said “I do not want to be a judge in my own court. I hereby direct counsel to Senator Saraki to redirect the contempt application to the registry for reassignment.”
    In his oral application after the ruling, Olomu urged the court to give his application over and above the remaining applications of the defendants.

    He prayed the court to “stay further proceedings on other applications pending the outcome of the reassignment of the contempt application by the registry.

    Counsel to Sowore, Stanley Imhauaor said the oral application was strange and improper, saying it was an indirect way of arguing the application just referred to the registry for reassignment.

    Said he: “The oral application is an attempt to ambush the decision of the application referred to the registry; his application is not proper. This is a very serious application with very serious business.

    This court ought not to have entertained this oral application. “Courts are enjoined not to speculate on issues that are not before them. Contempt is quasi criminal in nature. We urge you to discountenance the application.”

    In his ruling, Justice Oyinloye said that “I cannot entertain any further proceedings on this matter until the application for contempt of court I referred to the registry is resolve.

    “I therefore fixed 24th of November, 2017 for report on the progress made. I also direct the registrar of this court to make sure the application is expeditiously attended to in the next two Weeks at the registry.”

  • Court dismisses PDP suit to stop Kwara council elections

    Court dismisses PDP suit to stop Kwara council elections

    A Kwara state High Court Tuesday dismissed the opposition People’s Democratic Party (PDP)’s plea to stop the conduct of the November 18th local government elections in the state.

    The PDP through its lead counsel Salman Jawondo approached the court to restrain the Kwara state Independent Electoral Commission (KWASIEC) from conducting the said election into the 16 local councils.

    Also joined in the suit was the state Attorney General and Commissioner for Justice, Kamaldeen Ajibade (SAN).

    PDP had hinged its claims on the alleged unconstitutionality inherent in KWAISEC guidelines for candidates participating in the council poll.

    It issued an order of interlocutory injunction restraining KWAISEC from enforcing, giving effect to and or applying some sections of the Kwara state Electoral Law, Laws of Kwara state 2006 and the guidelines
    for the conduct of the for coming local council election pending the determination of the substantive suit.

    PDP argued that the 2006 local government electoral law passed by the Kwara state House of Assembly is inconsistent with the National Assembly Act and the 1999 Constitution.

    The party also averred in its application that some requirements for candidates in the Kwara state local government electoral law and the guidelines for the conduct of the council poll are preconditions not
    within the purviews of the 1999 Constitution as amended and the 2010 Electoral Act as amended.

    PDP listed such requirements as the screening and disqualification of candidates by the KWAISEC.
    But in his judgment, Justice Sulaiman Akanbi said that there was nothing unconstitutional by the legislation passed by the Kwara state House of Assembly.

    He therefore ordered the state electoral umpire to go ahead with the November 18th, 2017 local government elections.

    He said: “What the Kwara state House of Assembly did constitutionally and additionally is to aide the Federal Law; the state law is not inconsistent with the Electoral law. Kwara state House of Assembly did
    not run foul of the Constitution rather it complemented it.

    It is crystal clear that the action of the Kwara state House of Assembly is constitutionally guaranteed as regards the council elections. Section 106 of the Constitution is also emphatic on this. I therefore resolved the two issues raised by the claimant in favour of the defendants.”