The Nation Newspaper

Tag: Lagos Division

  • Appeal Court dismisses Evans’ suit challenging his detention 

    The Court of Appeal, Lagos division, Thursday dismissed a fundamental rights enforcement appeal filed by suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike, alias Evans.

    Evans, in the twilight of his arrest and detention, approached a Federal High Court in Lagos, challenging his arrest and alleged detention beyond the time allowed by law, his continued detention without trial or arraignment within the time allowed by law and his subjection to Media Trial by the Police.

    Read Also:‘Why kidnap attempt on Young Shall Grow Motors boss by Evans failed’

    But, on January 16, 2018, Justice Abdulazeez Anka held that Evans’ claims were not meritorious.

    Dissatisfied, Evans through his counsel, Mr Olukoya Ogungbeje, filed a Notice of Appeal dated January 29, 2018.

    But the Police, through its counsel, Inspector Emmanuel Eze of the State Intelligence and Criminal Investigation Department (SICID), Panti, Lagos, opposed him.

    Yesterday, a three-man panel of the appellate court, in a unanimous ruling delivered by Justice A.U. Ogakwu, upheld the lower court’s decision,

    “The appeal lacks merit and is hereby dismissed with no order of cost,” Justice Ogakwu held.

  • Appeal Court annuls Hijab ban in Lagos State schools

    A special five-man panel of the Court of Appeal, Lagos Division, Thursday set aside the judgment of a Lagos High Court that banned students in Lagos State-owned primary and secondary schools from wearing the hijab (Islamic headscarf) on their school uniforms.

    In a unanimous decision, the court presided over by Justice A. B. Gumel held that the appeal is meritorious and same should be allowed.

    It held further that the refusal to allow female Muslim students wear the hijab “will amount to discrimination on the ground of their religion.”

    Other Justices in the panel are Justice M. Fasanmi, Justice A. Jauro, Justice J. S. Ikyegh and Justice I. Jombo Ofor.

    The appeal was filed by two female students of Atunrase Junior High School, Surulere, Asiyat Kareem and Mariam Oyeniyi, under the aegis of the Muslim Students Society of Nigeria (MSSN), Lagos State Area Unit. MSSN, Lagos State Area Unit.

    It followed the dismissal of their suit challenging the ban by Justice Modupe Onyeabor of an Ikeja High Court on October 17, 2014.

    In his lead judgement Thursday, Justice Gumel held that “the wearing of hijab is an Islamic injunction and also an act of worship,” hence it will constitute “a clear violation of the appellants’ constitutionally guaranteed rights to stop them from wearing the hijab in public schools.”

    Resolving all the five issues raised in favour of the appellants, the appellate court held that the lower court erred in law when it held that ban of hijab is a policy of the Lagos State Government (respondent).

    The court noted that no circular was presented before the lower court to show that it was a policy of Lagos State, adding that “he who asserts must prove.”

    There court observed further that if there was such a policy, it ought to have emanated from the State House of Assembly and not the Executive Arm of government.

    Consequently, it held that the fundamental human rights of female Muslim students as enshrined in Section 38 (1) of the 1999 Constitution was violated by the Respondent.

    The appellate court dismissed the argument of Lagos State that it made an exception by allowing female Muslim students to wear the hijab during prayers.

    The government had banned the use of hijab on the argument that it was not part of the approved school uniform for pupils.

    Following this, 12-year-old Kareem and Oyeniyi suing through their parents, Abdulkareem Raji and Sulaimon Oyeniyi, filed the suit on May 27, 2015, seeking redress and asked the court to declare the ban as a violation of their rights to freedom of thought, religion and education.

    In her judgment, Justice Onyeabor held that the prohibition of the wearing of hijab over school uniforms within and outside the premises of public schools was not discriminatory.

    According to her, the ban did not violate Sections 38 and 42 of the 1999 Constitution as claimed by the plaintiffs. The judge said Section 10 of the Constitution made Nigeria a secular state and that government must maintain neutrality at all times. Onyeabor said the government therefore had a duty to preserve the secular nature of the institutions concerned as argued by the then Lagos State Solicitor-General, Mr Lawal Pedro (SAN).

    She noted that since the public schools were being funded by the government, it was therefore competent to issue dress codes and other guidelines to the students.

    According to her, the use of uniforms engenders uniformity and encourages students to pursue their mutual academic aspirations without recourse to religious or any other affiliations.

    The judge observed that the uniformity sought by the government in the issuance of the dress code would be destroyed, should the prayers of the plaintiffs be granted.

  • Hijab: Appeal Court delivers judgment Thursday 

    The Court of Appeal, Lagos Division, will Thursday deliver judgment on whether or not students in Lagos public primary and secondary schools can wear the Hijab (Muslim headscarf) on their uniforms.

    President of the Lagos State Area Unit of the Muslim Students’ Society of Nigeria (MSSN), Saheed Ashafa, said Thursday that according to a hearing notice made available by the court, the judgment will be delivered in Court Two by 9am.

    A special five-man panel of the court led by Justice A. B. Gumel had on May 27, reserved its judgement on the matter after asking parties involved in the case to update their defence documents.

    Other Justices in the panel set up by the President of the Court of Appeal, Justice Zainab Bulkachuwa are Justice M. Fasanmi, Justice A. Jauro, Justice J.S. Ikejegh and Justice I. Jombo Ofor.

    Justice Amina Augie had on May 3, ruled among others that the matters raised in the suit required Constitutional interpretation and directed the appellants to write Justice Bulkachuwa to set up a full court (of five justices) to hear the case.

    Justice Modupe Onyeabor of an Ikeja High Court had on October 17, 2014, dismissed the suit instituted against the Lagos State Government by two 12-year-old girls, Asiyat Kareem and Mariam Oyeniyi, under the aegis of the MSSN, Lagos State Area Unit.

    Dissatisfied, the appellant approached the appellate court seeking to set aside the judgment and protect their Constitutional rights.

    They argued that the ban was a violation of their rights to freedom of thought, religion and education.

    The government had banned the use of Hijab on the argument that it was not part of the approved school uniform for pupils.

  • Alleged fraud: Court approves defendant’s foreign medical trip

    Alleged fraud: Court approves defendant’s foreign medical trip

    The Federal High Court, Lagos Division, Friday granted permission for foreign medical travel to an official of the Nigerian Airspace Management Agency (NAMA), Mrs Adegorite Joy, facing a N2.8 billion fraud charge.

    Joy, who, along with six others and five companies, is being prosecuted by the Economic and Financial Crimes Commission (EFCC), knelt in prayer and shed tears of relief following the judge’s ruling.

    Justice Babs Kuewumi made the order following Joy’s application through her lawyer, Mr. A. B. Onifade, seeking the release of her passport to enable her travel to Dubai for medical treatment.

    Onifade told the court during hearing last Monday that his client was suffering from acute sinusitis, asthma and hypertensive heart disease.

    He said she had earlier scheduled a medical appointment with her doctor at the Saudi-German Hospital Group and had already purchased an air ticket before she was arrested in April.

    Joy’s health, he added, had since suffered a decline and he urged Justice Kuewumi to order the EFCC to release her passport to enable her travel abroad, assuring that she would not jump bail or abscond.

    “The fifth defendant will be away for a maximum of four weeks. We urge Your Lordship to exercise discretion in favour of the fifth defendant,” Onifade said.

    Although opposed by the Economic and Financial Crimes Commission, (EFCC), the judge, held in a short ruling, held that Joy’s application, dated June 15, was meritorious.

    The judge observed that her application contained eight grounds in 19 paragraphs and was supported by documents of her medical history as well as travel documents.

    “The applicant also filed an affidavit of extreme urgency for travel to the Saudi-German Hospital in Dubai, for medical treatment,” Justice Kuewumi noted.

    The court held that the applicant was entitled to enjoy the constitutionally guaranteed presumption of innocence which enured in her favour.

    “It’ll be in the overall interest of justice to allow the applicant travel.

    “Furthermore, the court is on vacation and the substantive matter has already been adjourned till after vacation. Health is wealth,” Justice Kuewumi held.

    He continued: “The defendant is hereby granted leave to travel to Dubai for specialised medical treatment. She is given four weeks to embark on the trip to Dubai and return to Nigeria.”

    The judge further ordered the EFCC to “release immediately” the defendant’s international passport.

    It also ordered that after the trip, the defendant must deposit the passport in the court’s custody.
    Joy, the fifth defendant in the suit, was arraigned by the EFCC on April 12, alongside NAMA’s Managing Director, Ibrahim Abdusalam, and five other NAMA officials for an alleged N2.8bn fraud perpetrated within NAMA between August 2013 and January 2016.

    The five others are Agbolade Segun, Clara Aliche, Olumuyiwa Adegorite, Bola Akinribido and Sesebor Abiodun.

    Also joined as defendants are five companies, namely: Randville Investment Limited; Multeng Travels and Tours Limited; Delosa Limited; Airsea Delivery Limited and Sea Schedule System Limited.

    They are standing trial on a 21-count charge bordering on conspiracy, advanced fee fraud and money laundering.

    All defendants denied the charge and were granted N20m bail each with one surety each in the like sum.

    They were also ordered to deposit their passports in the custody of the court until the conclusion of the trial.

     

  • My Pikin: Appeal Court affirms convicts’ seven years sentence 

    My Pikin: Appeal Court affirms convicts’ seven years sentence 

    The Court of Appeal, Lagos Division Tuesday upheld the judgment of the Federal High Court, Lagos which sentenced two employees of Barewa Pharmaceutical Company Limited to seven years’ imprisonment each for selling killer teething syrup, ‘My Pikin.’

    In a unanimous decision delivered Tuesday by Justice C. E. Iyozoba (Mrs.) the appellate court held that the complaint of the appellants, Adeyemo Abiodun and Ebele Eromosele, was without merit and fined them N1 million.

    It added that “throughout the gamut of the trial, the appellants never denied that they were the manufacturers of the contaminated drug ‘My Pikin’ teething syrup.”

    The appellate court had in 2013 delivered a similar judgment on the appeal but the Supreme Court, faulted the judgment on the ground that it was determined on an abandoned notice and grounds of appeal.

    In a verdict delivered by Justice Bode Rhodes-Vivour, the apex court ordered the Court of Appeal to rehear the appeals on the “valid notice/grounds of appeal” filed on July 3, 2013.
    So, delivering judgement yesterday, Justice Iyozoba affirmed the convictions and held that samples of the contaminated drug were tested in a laboratory and that the process of testing was “clear and smooth.”

    The court added that there was no need for additional scientific evidence being requested by the appellants.

    “The drug in question is manufactured by only the appellants. No other pharmaceutical company produces the drug. So, any of the product in Nigeria is manufactured by the appellants.

    “There was no contradictory evidence as both the appellants and respondent confirmed that the contaminated drug was manufactured by the appellants”, the court held.

    Other Justices on the panel are Justice Y. Nimpar and Justice J. Y. Tukur.

    However, the court also held that the lower court was wrong when it convicted the appellants of the offence of conspiracy.

    It added that the prosecution did not establish any evidence showing that the appellants conspired to manufacture and distribute contaminated drugs.

    Consequently, it set aside their conviction on conspiracy but added that this would have no effect on the seven-year sentence since the jail term will run concurrently.

    The court also set aside the order of the High Court winding up the company and the order of forfeiture of assets to the Federal Government.

    The court held that Section 118(b) of the Miscellaneous Offences Act did not empower the trial judge to wind-up the company and order forfeiture of its assets.

    It added that what the trial judge ought to have done was to order forfeiture of the contaminated drugs and not the company’s assets.

    Nevertheless, the court imposed a N1 million fine on the appellants.

    Justice Okechukwu Okeke of the Federal High Court, Lagos sentenced Abiodun and Eromosele on May 17, 2013 for selling the syrup known as “My Pikin’’.

    The convicts were employees of the Barewa Pharmaceutical Company Ltd and were prosecuted by the National Agency for Food and Drug Administration and Control, NAFDAC.

    Justice Okeke found the duo guilty of conspiracy and sale of adulterated teething mixture which caused the death of more than 80 children in Nigeria.

    The court ordered that the company should be wound up and its asset forfeited to the Federal Government.

    At the appellate court, the seven-year sentence was affirmed, but the order for winding up and forfeiture was reversed.

    In a judgment delivered by Justice Sidi Bage, the court held that the prosecution sufficiently proved that the men committed the offences.

    But, in a unanimous judgment the Supreme Court faulted the decision of the Appeal Court on the ground that it determined the convicts’ appeals on an abandoned notice and grounds of appeal.

     

     

  • Five years’ jail: Ibinabo fails to get bail at Appeal Court

    Five years’ jail: Ibinabo fails to get bail at Appeal Court

    Convicted former beauty queen, Ibinabo Fiberesima, Thursday failed in her bid to secure bail at the Court of Appeal, Lagos Division, due to an incompetent application.

    A three man-panel of the Appeal Court presided over by Justice U.I. Ndukwe-Anyanwu observed that the appellant failed to attach copies of the judgment delivered by the court last Friday, which affirmed the five years’ jail sentence imposed on her by a Lagos High Court in Igbosere.

    Other Judges on the panel are Justice Samuel Oseji and Justice Tijani Abubakar respectively.

    The Actors’ Guild of Nigeria (AGN) president has also told the Supreme Court that she is recuperating from breast surgery and that staying in prison would endanger her life.

    When the matter came up Thursday at the Appeal Court, Ibinabo’s lawyer, Nnaemeka Amaechina informed that court of his client’s application dated March 14, which had already been served on the Lagos State Government (respondent).

    However, the application could not be heard as the court observed that the appellant’s failure to attach copies of the judgment as exhibit rendered the whole application incompetent.

    Justice Ndukwe-Anyanwu said the only option left was to strike out the application or adjourn it till another date for hearing.

    Consequently, Amaechina sought for an adjournment to enable him do the needful and the court adjourned the matter till April 7 for hearing of the bail application.

    Meanwhile, the actress has asked the Supreme Court to set aside the judgement of the lower court.

    In her Notice of Appeal, the appellant stated that Court of Appeal erred in law when it affirmed the decision of the High Court of Lagos State by setting aside the option of N100, 000 fine and substituting it with a term of five years’ imprisonment.

    The appellant further stated that the Court of Appeal erred in law when it affirmed the “interference by the High Court with the exercise of discretion by the trial Magistrates’ Court.”

    She added that the “judgment of the Court of Appeal is unreasonable and cannot be supported having regard to the evidence presented before the court.”

    In a six-paragraph affidavit of urgency deposed to by one Victor Eden, the deponent stated that Ibinabo is currently recovering from surgery and that she recently removed a tumour from her breast and that she needed constant monitoring by her doctors.

    “Her wound has not fully healed and as such she is afraid that her continued stay in the prison may endanger her life as she will not have access to special medical attention”, he stated.

    The deponent stated that it would be in the interest of justice and for her health and safety to admit Ibinabo to bail pending the hearing and determination of her appeal before the Supreme Court.

    The embattled actress was sentenced to five years imprisonment by Justice Deborah Oluwayemi for reckless driving which caused the death of one Dr. Giwa Suraj in an auto accident along the Lekki-Epe Expressway, Lagos. Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina urged the court to set aside the five-year sentence and restore the decision of the Magistrates’ Court.

    But the appellate court in its judgment delivered on February 11, dismissed Ibinabo’s appeal and affirmed the decision of the Lagos High Court.