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Tag: Lagos court

  • Court remands 47-year-old impostor for extorting motorist in Lagos

    Court remands 47-year-old impostor for extorting motorist in Lagos

    A Lagos Mobile Court has ordered the remand of a 47-year-old man, Mr. Adetayo Adewodun, for allegedly impersonating an officer of the Lagos State Traffic Management Authority (LASTMA) and extorting money from an unsuspecting motorist at Itire Junction.

    Adewodun, who was arraigned on a two-count charge bordering on conduct likely to cause a breach of peace and impersonation, pleaded not guilty to the offences.

    The court consequently ordered his remand in a correctional facility pending the perfection of his bail conditions, even as the case was adjourned for further hearing.

    According to a statement issued by the Director of Public Affairs and Enlightenment Department of LASTMA, Adebayo Taofiq, the accused was apprehended on Tuesday, October 7, during a swift enforcement operation by the Agency’s Surveillance and Intelligence Unit, acting on the directive of the General Manager, Mr. Olalekan Bakare-Oki.

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    Investigations revealed that the suspect, alongside two accomplices now at large, accosted one Mr. Ayano Stephen, driver of a white Hilux vehicle with registration number GME 259 TE, for allegedly making an illegal turn at Itire Junction.

    Pretending to be a genuine LASTMA officer, Adewodun reportedly demanded ₦80,000 as a supposed fine for the traffic offence.

    The unsuspecting driver, who only had ₦7,800 on him, eventually gave up the amount to the impostor before LASTMA operatives swooped in to apprehend him.

    Describing the court’s action as “a welcome and commendable development,” Mr. Bakare-Oki lauded the judiciary for ensuring that justice takes its due course. He maintained that the prosecution of the fake officer would serve as a deterrent to others who engage in similar fraudulent acts.

    “This judicial action will send a strong message to unscrupulous individuals who impersonate LASTMA officers to defraud innocent motorists,” Bakare-Oki said.

    He reiterated the Authority’s unwavering commitment to maintaining order, discipline, and sanity on Lagos roads, assuring residents that LASTMA would continue to protect law-abiding citizens from harassment and fraudulent exploitation.

  • Lagos court nullifies statutory marriage in favour of Islamic union

    Lagos court nullifies statutory marriage in favour of Islamic union

    In a landmark judgment delivered by Honourable Justice O. J. Awope of the Ikeja Judicial Division, Lagos State, a statutory marriage was nullified due to its contradiction with an earlier Islamic marriage conducted by the couple.

    In the case of Kasim Ibraheem Oluwadare v. Kasim Sherifat Morenike, the petitioner sought a decree of nullity for the statutory marriage contracted at the Ikorodu Local Government Marriage Registry on October 3, 2013. 

    The petition filed on behalf of the petitioner by his counsel Saheed Akinola Esq., highlighted the couple’s lack of comprehension regarding the legal implications of the statutory marriage, undertaken primarily for travel purposes.

    Grounds for Nullity

    The petitioner contended that both he and the respondent were unaware that the statutory marriage could potentially invalidate their existing Islamic marriage. 

    The couple, devout Muslims, were under the impression that the statutory marriage was merely a formality required for their travel abroad. 

    This misunderstanding, coupled with their strong adherence to Islamic marital principles, formed the basis of their petition for nullification.

    The court examined the evidence presented, including the Islamic marriage certificate dated July 7, 2013, and the statutory marriage certificate from October 3, 2013. 

    Mr. Oluwadare’s testimony underscored the couple’s initial Islamic marriage and their subsequent statutory marriage, which they believed was necessary for their travel plans.

    Legal Arguments

    Petitioner’s counsel, Saheed Akinola Esq., presented three key issues for determination:

    1. Validity of the Statutory Marriage: Given the couple’s lack of comprehension regarding its legal implications and its impact on their existing Islamic marriage.

    2. Consent to Marriage Contract: Whether the absence of complete knowledge about the statutory marriage’s legal consequences undermined their consent.

    3. Freedom of Religion: Whether the parties, under their freedom of religion, could nullify a statutory marriage conflicting with their religious beliefs.

    Saheed Akinola esq argued that the statutory marriage was null and void due to the couple’s deficient understanding of its nature and legal consequences. 

    He emphasised that the Marriage Act requires full consent and comprehension of the marriage contract, referencing Section 3 (1) (d) (ii) of the Matrimonial Causes Act, 1970. 

    He further argued that upholding the statutory marriage would contravene the couple’s constitutional right to freedom of religion, enshrined in Section 38 (1) of the 1999 Nigerian Constitution.

    Court’s Decision

    Justice Awope, in his judgment, affirmed that the principle of law governing the nullification of marriage is outlined in the Matrimonial Causes Act 1970. 

    He acknowledged that the couple’s entry into the statutory marriage was based on a mistaken understanding of its necessity for travel purposes, not realising its potential to invalidate their Islamic marriage.

    The court recognised the validity of the initial Islamic marriage and noted that the statutory marriage was entered into under a misguided notion, rendering it void ab initio.

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    The judgment emphasized that any agreement violating statutory provisions and circumventing legislative intent is illegal, null, and void, citing relevant case law.

    In conclusion, the court pronounced a decree of nullity for the statutory marriage contracted between the parties on October 3, 2013, declaring it void due to the couple’s misunderstanding of the ceremony’s nature.

    Implications

    This judgment reaffirms the importance of comprehension and consent in marriage contracts and underscores the recognition of religious marriages under Nigerian law. 

    It also highlights the constitutional right to freedom of religion, allowing couples to align their marital unions with their religious beliefs. 

    The decision sets a precedent for similar cases where statutory marriages may conflict with existing religious unions, ensuring that the parties’ intentions and beliefs are duly respected.

  • Ex-Army Sergeant charged with impersonation

    A former Army Sergeant, Mr Monday George, who allegedly carried on as a serving soldier, was on Wednesday brought before a Yaba Chief Magistrates’ Court in Lagos.

    George, 43, of Apollo Road in Makoko, Yaba, Lagos, is standing trial on a two-count charge of impersonation and forgery of an army identity card.

    According to the Police, the defendant committed the offences on January 2 at Makoko Primary School, Yaba.

    Prosecuting Sergeant Modupe Olaluwoye said George was dismissed from the Nigerian Army over three years ago but carried on as a Sergeant.

    The court heard that George kept parading himself in full army camouflage and worked as a security personnel for different individuals since 2015.

    Olaluwoye said: “When Makoko was celebrating its day, the defendant was dressed in an army camouflage at the venue.

    “It was another army personnel at the location, Mr Lucky Macaulay, who discovered that the defendant was no longer in the army.

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    “A forged army identity card with No. 03NA/53/1965-81 was also recovered from him.”

    According to her, the offences contravened Sections 77 and 365 of the Criminal Law of Lagos State, 2015.

    Chief Magistrate Oluwatoyin Oghere granted George N50, 000 bail with two sureties in the like sum.

    Both sureties must be gainfully employed, show evidence of three years’ tax payment to the Lagos State Government, while one of them must be George’s blood relation.

    The case continues on March 6.

  • Lagos court grants injunction in favour of Samsung

    A Lagos High Court sitting in Igbosere has granted an interlocutory injunction restraining Global Resources Management Limited and LADOL from ejecting Samsung Heavy Industries (SHIN) Nigeria Limited and its subsidiary, SHI-MCI FZE, from the LADOL free zone in Lagos, pending the delivery of the judgment in the substantive suit on January 25, next year.

    Its Chief Operating Officer (COO), Mr. Frank Ejizu said the court order restrains LADOL from further unlawful interference with Samsung’s use of its fabrication and integration yard within the LADOL Free Zone Area.

    He said: “The High Court in Lagos granted an interlocutory injunction order restraining LADOL from evicting Samsung from Samsung’s fabrication and integration yard within the LADOL Free Zone.

    “The court ordered that Samsung be free to move in and out of its yard with its employees, agents and service providers. Furthermore, the court has directed LADOL to provide all services such as water and power supply to Samsung. This crucial court order allows Samsung to continue its operations unhindered while legal proceedings are ongoing. This is an important decision in favour of Samsung and Nigeria at a critical time. It will allow Samsung to continue to provide services vital to the completion of the Egina project, Nigerian oil production and the Nigerian economy. This decision of the High Court in Lagos is binding on LADOL and prevents it from unlawfully evicting Samsung from the fabrication yard or interfering with Samsung’s proprietary rights.

    He said: “Samsung is pleased that the High Court has ruled in its favour. It has restrained LADOL from evicting Samsung from the yard and required that it complies with its legal obligations to provide services to the yard and its Nigerian employees while proceedings are ongoing.”

     

     

  • Lagos court fines church for injury at crusade

    A Lagos State High Court  has ordered  the writer/publisher of Our Daily Manna, Rev Chris Kwakpovwe and the Registered Trustees of the Chapel of Liberty to pay a lawyer, Tamara Egbedi, of N9, 454,000, for negligence.

    Egbedi had gone to court to complain about the broken  teeth injuries she sustained when she attended a crusade organized by the clergy.

    Delivering judgement in suit no. LD/359/2011, Justice SBA Candide Johnson said that from the evidence adduced by the parties, it was clear that Ms. Tamara suffered injuries at the venue while attending the crusade.

    “It is difficult not to observe that for the Defendants who put themselves forward as spiritual shepherds of their sheep that they appear to have demonstrated scant care and concern for victims of their January 2010 spiritual crusade and have likewise by the letter of their lawyers (Exhibit F) dared this Claimant to go to Court, the Defendants appear to have elected carnal warfare over spiritual warfare thus leaving it to the Courts of Law to intervene,” he said.

    Continuing, the judge said: “It is virtually ridiculous for Rev. Dr. Chris E. Kwakpovwe as the presiding Pastor, and a registered Trustee of Manna Miracle Mountain Ministry and the Publisher/Writer of “Our Daily Manna” (ODM) to invite the general public and the Claimant to a programme which they expected to and which “recorded a huge attendance” and then without any remorse or conscience, argue that they only rented space at the National Stadium so he and his religious ministry owed no duty of care or concern for the welfare and safety of the guests they had invited to their own spiritual “party” or event organized by them. It is this type of reckless impunity and consciencelessness that makes many people complain about callousness and wickedness in Nigeria.

    “The National Sport Commission (NSC) rented space to the Defendants and it was the Defendants who structured, arraigned and independently organized their event to their own taste and standards…It is in my view, cowardly and irresponsible to invite a guest to your house or other venue for your independent event and then turn to blame a third party for your own want of care and want of organizational due diligence.”

    Mrs Egbedi sustained injuries when some of her family members attended the end of an anointing service organised by the defendants at the National Stadium in Lagos.

    The plaintiff in her statement of claims had said she lost seven teeth and suffered other injuries when she fell into an uncovered concrete gutter running in between the seats.

    She said she informed Rev. Kwakpovwe at the end of the service, who handed her over to Mrs. St. Matthew Daniels, a senior member of the church, who, in turn, asked her to get an estimate of her treatment bill from the Lagos State University Teaching Hospital Ikeja (LASUTH) Dental Centre.

    She did as she was told and said that to her surprise, the defendants instead of doing the needful, told her they were helping her out of charity.

    She said the defendants soon changed their co-operative attitude by denying liability after her lawyers, in a March 3, 2010 letter demanded compensation.

    They had insinuated that the plaintiff’s threat to go to court smacked of gold digging and expressed readiness to “meet you in court.”

  • Okoroji begins indefinite demonstration at Lagos court

    Okoroji begins indefinite demonstration at Lagos court

    Chairman, Copyright Society of Nigeria (COSON), Chief Tony Okoroji, has begun an indefinite one-man demonstration in front of the Federal High Court, Lagos. Chief Okoroji said that his action was to draw the attention of the world to an attempt to blackmail a Nigerian judge to force him not to deliver a judgment written by him.

    The former president of PMAN said that he is asking all lawyers and judges in the Nigerian legal system to insist that the case file in Suit No FHC/L/CS/1259/2017 which he said was taken away in bizarre circumstances from Justice Ibrahim Buba of the Federal High Court, Lagos, just as he was about to deliver judgment in the suit, be returned to the judge so that he can deliver his  judgment and any of the parties dissatisfied with the judgment can proceed to the Court of Appeal.

    According to Chief Okoroji, the key question Justice Buba was scheduled to answer in his judgment is this: Under Nigerian law, is the syndicate known as Musical Copyright Society Nigeria (MCSN) truly an approved collecting society and authorized to collect money on behalf of innocent Nigerian musicians? Okoroji was insistent that some people desperately do not want that question answered, hence the muscling of Justice Ibrahim Buba and the failed machinations to remove Okoroji himself as Chairman of COSON.

    It will be recalled that on December 19, the COSON General Assembly met in Lagos and condemned what it termed the brazen actions of the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, in ordering the Nigerian Copyright Commission (NCC), despite the Commission’s strong protestations, to blatantly go against Nigerian law and approve the MCSN syndicate to collect copyright royalties on behalf of innocent Nigerian musicians, while the Attorney-General knows that MCSN together with its leadership are facing seven different criminal cases at the Federal High Court which cases were filed by the same NCC, an agency of the Federal Government.

    The COSON General Assembly also called on President Muhammadu Buhari, Vice President Yemi Osinbajo, the Nigerian Bar Association, the National Assembly, the National Judicial Council, the Chief Justice of Nigeria and the Acting Chief Judge of the Federal High Court to take necessary steps to save the Nigerian creative industry from the meddling of Mr. Abubakar Malami and the raging fire lit by him and ensure that the MCSN syndicate and the seven members of its leadership presently on bail and facing seven different criminal cases at the Federal High Court are fully prosecuted and no steps whatsoever are taken to let any of the accused persons escape justice through the back door.

    The General Assembly also condemned the heavy-handed actions to harass, arm-twist, intimidate and blackmail a Federal High Court Judge, Justice Ibrahim Buba, which actions twice aborted his attempt to deliver Judgment in the case brought by COSON against MCSN and the Attorney-General of the Federation challenging the dubious approval of MCSN.

    The Assembly also demanded the immediate return of the Nigerian Copyright Commission to the supervision of the Minister charged with responsibility for culture as clearly prescribed in Section 51 of the Copyright Act and bring to an end the continued anomaly created by the supervision of the Copyright Commission by the Minister of Justice, a situation which is expressly against the provisions of the law and which has resulted in the meddling of the Minister of Justice and caused enormous problems for the Nigerian creative industry.

     

  • Lagos court reserves verdict in N38m lease agreement

    Lagos court reserves verdict in N38m lease agreement

    A Lagos High Court sitting in Badagry yesterday reserved judgment till January 17, in a N36.8 million suit filed by a Lagos businessman, Alhaji Azeez Ayomumoye, against the United Bank for Africa (UBA), for breach of a property lease agreement.

    Justice Okikiola Ighile fixed the date after adoption of counsel’s final written addresses to the claimant and defendant, Messrs Bolaji Ramos and Collins Ogbonna.

    Ayomumoye claimed that a deed of sub-lease of October 1, 2006, between him and the bank was breached on his building at Plot 15, Aina Layout, Lagos–Abeokuta Express Road at Dopemu in Lagos State.

    Contrary to the deed of sub-lease, he said, the bank demolished the property and erected a structure in its place without his consent and approval.

    The claimant also said upon discovery of the breach, he protested in writing to the bank, requesting compensation.

    Rather, Ayomumoye said, the bank registered new documents on the property, adding that they were different from what parties signed in 2006.

    In its earlier statement of defence filed by its counsel, Mr. O. U. Inneh, on September 1, 2009, the bank denied the allegations.

    It said: “There were several collateral agreements between the two parties that the leased property would be demolished and re-built to meet the corporate style structure of the defendants.”

    In his final written address yesterday, Ramos submitted that the deed of sub-lease had been placed before the court.

    The lawyer said the bank violated the law and breached the sub-lease agreement by demolishing his client’s property without his written consent and approval.

    He contended that it was settled law that no tenant can demolish and re-build a rented property without the consent and approval of the landlord.

    Ramos recalled that the first written objection of the claimant was submitted to the bank in January 2007.

    According to him, he could not have expressly protested the bank’s actions, if he had consented and approved of them.

    Submitting his final written address, Ogbonna urged the court to dismiss the claims of the plaintiff, which he described as vexatious, irritating and an abuse of judicial process, having consented to the property demolition.

    He said the claimant was aware of the demolition and the bank’s re-construction plans after the lease of the property which, he added, was originally not designed for banking operations.

  • Alleged N754.7m theft:  Akpobolokemi rejects trial in Lagos Court

    Alleged N754.7m theft:  Akpobolokemi rejects trial in Lagos Court

    The embattled immediate past Director-General of Nigeria Maritime Administration Safety Agency (NIMASA) Patrick Akpobolokemi has challenged the jurisdiction of the Lagos State High Court to entertain the allegations of stealing preferred against him by the Economic and Financial Crimes Commission (EFCC)‎.

    He told a Lagos State High Court sitting in Igbosere Monday through his counsel Dr. Joseph Nwobike (SAN), that under the 1999 Constitution of Nigeria, only the Federal High Court has authority to try anyone for the offences he is being accused of.

    Akpobolokemi and six others were arraigned on January 25, before Justice Adebiyi Raliat at a Lagos State High Court, Igbosere, on a 13-count charge bordering on the stealing of N754, 740,680 million belonging to NIMASA.

    They pleaded not guilty and were granted bail.

    His co-defendants are Ezekiel Agaba, Ekene Nwakuche, Amechee Juan, Vincent Udoye, Adegboyega Olopoenia and a company, Gama Marine Nigeria Ltd.

    At the resumed hearing of the matter yesterday the fourth defendant Governor Amechee Juan, through his counsel Ige Asemudara also filed a similar application.

    Nwobike informed the court that he had a notice of preliminary objection dated February 12 and filed on February 15, challenging the court’s jurisdiction to try the case.

    ‎The application was supported by a five-paragraph affidavit deposed to by one Felix Deckcon.

    The defendant asserted that by virtue of Section 251 (1) (a) and (3) of the Constitution of the ‎Federal Republic of Nigeria, 1999 as amended, the Federal High Court has exclusive jurisdiction over matters and causes arising from, pertaining to and or is connected with the revenue of the Federal Government of Nigeria and its agencies.

    He argued that the said sections of the Constitution supersede the Criminal Code Laws of Lagos State 2011 and the Economic and Financial Crimes Commission Establishment Act, 2004.

    Nwobike said the High Court of Lagos State lacks the requisite jurisdiction to entertain criminal causes and matters arising from and or pertaining to; the revenue of the Federal Government of Nigeria, the administration or management and control of the Federal Government or any of its agencies, by virtue of the sections.

    Responding, Justice Adebiyi ordered the other defendants in the matter who also intend to challenge the court’s jurisdiction to file ‎their applications before the next adjourned date.

    She adjourned to ‎March 9, for the hearing of the preliminary objections.

    Akpobolokemi and co were alleged to have between October 30,2014 and May 6, 2015 converted to their  personal use N346,844,680.00 property of NIMASA released to them for the implementation of Voluntary International Maritime Organisation Member State Audit Scheme (VIMSAS).

    They were also alleged to have on or about May 28, 2015, with a dishonest intent, converted to their own use the sum of N257, 000,000 money released for the implementation of VIMSAS.

    The defendants were further alleged to have with intent to defraud knowingly forged a document titled “Re: Request for Payment as consultant for VIMSAS Administration Services” dated May 25, 2015 purported to have been issued by Aroward Consulting limited.

  • Fire razes Lagos court room minutes after CJ’s visit

    Fire razes Lagos court room minutes after CJ’s visit

    Fire yesterday gutted Igbosere Magistrate’s court 13 in Lagos about 20 minutes after the visit of the Chief Judge, Justice Funmilayo Atilade.

    The court which is on the top floor of the JCI Taylor Complex, caught fire after an air-conditioner blew its fuse.

    Justice Atilade and her entourage were in the court as part of her familiarisation tour.

    Although the fire was quickly put out by the fire fighters, the inferno disrupted activities as litigants were evacuated from the premises and the gates locked.

    Three security workers tried to put out the fire, but failed because of the heavy smoke.

    One of them was said to have been rushed to the hospital after suffering suffocation.

    Describing the incident as minor, the Attorney-General, Ade Ipaye, said the court would resume sitting today.

    The cleaners, he said would clean the court for normal business to resume.

  • Lagos court freezes NFF accounts

    Nigeria’s 2013 AFCON quest is in danger after a Federal High Court in Lagos froze the accounts of the Nigeria FA over a TV rights dispute.

    The Nigeria Football Federation (NFF) are about to receive from the government 1.4 billion Naira (about $9 million) for next month’s Africa Cup of Nations in South Africa.

    Both NFF general secretary Musa Amadu and media director Ademola Olajire told MTNFootball.com they are not aware of the court ruling.

    “I’m not in the office now and I can’t confirm that to you now until I get to the office,” Amadu simply answered when he was contacted.

    “I’m not aware of that development. I’ve not been around, I just got back to Abuja,” Olajire added.

    MTNFootball.com specially gathered that Minaj Broadcasting Corporation dragged the NFF to court over a $4 million broadcasting right that was paid 10 years ago for the broadcast rights of the Nigeria Premier League when it was still managed by the NFF.

    Last year, Minaj took their case to court and the company reportedly got a ruling for the NFF repay half of that amount, but this was not followed.

    On Thursday, the high court in Lagos thus froze the federation’s accounts, meaning they cannot withdraw or receive any monies from there.

    This then means that part of the cash the NFF are expecting for the Nations Cup could now be awarded to Minaj by the court if the money is lodged in the federation’s account.