The Nation Newspaper

Tag: Lagos High Court

  • Monarch loses out in land tussle

    The Olu of Mushin, Oba Fatai Ayinla Aileru, has been defeated in a land dispute in a Lagos High Court.

    The monarch, with three others, was sued by the Osu Olowu, Asesewon and Ajose families of Ojuwoye, Mushin, Lagos State, in respect of the ownership of Ojuwoye Communal Land.

    Justice A. J. Bashua delivered the judgment on October 2, 2018.

    The court entered judgment as follows:

    • It is declared that Ojuwoye Community land is a communal land and not stool land.
    • The Ojuwoye Communal Land belongs to the Ojuwoye Community and members of the Osu Olowu, Asesewon and Ajose Families of Ojuwoye, the defendants’ families among others are members of the Ojuwoye community.
    • The defendants should render accounts of all monies received and/or collected by the defendants or any other person(s) on their behalf in respect of all transactions and dealings by way of acquisition, selling, letting, leasing or otherwise howsoever with the vast area of community land at Ojuwoye Mushin, known and described as Ojuwoye Community Land in the Survey Plan No: A151/1944 dated September 16, 1943, showing land in dispute in Suit No. 127/1944 Yesufu Ajose and 4 Ors. Vs. Sunmola Aganran and 4 Ors.
    • An order was also granted by the court that the defendants pay the claimants such sums of money as may be found due to them upon taking the said account.
    • One trustee each should be appointed from the Aileru, Odu-Abore, Osu Olowu, Ajose, and Asesewon families of Ojuwoye for the management of the Ojuwoye Community Land.
    • A perpetual injunction was granted by the court restraining the defendants by themselves, their agents, servants, privies or otherwise, from selling, leasing collecting rent and profits from Ojuwoye Community Land, market and building and from verifying and ratifying documents of title affecting the said communal land.
    • The court in conclusion set aside the consent judgment in suit No. ID/1640/2002 between Chief Ayinde Amodu Iyalode Oduabore and Ors vs. His Royal Majesty Oba Fatai Ayinla Aileru.

  • Court orders arrest of Nollywood star

    A Lagos High Court yesterday renewed a bench warrant for the arrest of actress-cum-producer Monalisa Chinda Coker for alleged tax evasion.

    Justice Adedayo Akintoye renewed the order following her failure to appear in court for her trial since 2017.

    She adjourned till June 5.

    When the case was called yesterday, neither Coker nor her lawyer was present.

    Prosecuting counsel Babatunde Sumonu told the judge that the bench warrant had yet to be effected.

    “The bench warrant is to continue,” Justice Akintoye said.

    The judge made the original order for Coker’s arrest on January 21, following an application by the Lagos State Ministry of Justice.

    The state alleged that Coker repeatedly failed to honour a court summons.

    The application for her arrest flowed from a two-count charge accusing her of failure to file annual tax returns and pay income tax in respect of her company, Monalisa Code Productions, for six years.

    Monalisa Code Productions operates from Lekki, Lagos.

    Count one of the charge, marked LD/5712c/2017, reads in part:

    “Failure to furnish and file annual tax returns for the purpose of personal income taxation with the Lagos State Internal Revenue Service (LIRS), contrary to Section 94(1) of the Personal Income Tax Act 2004 (as amended).”

    Count two reads: “Failure to pay income tax contrary to Section 56 of the Lagos State Revenue Administration Law of 2006.”

    On March 5, the actress, in a statement by her lawyers, Emeka Odikpo & Associates, refuted the allegations of tax evasion, saying all businesses from which she earns income are based in Port Harcourt, Rivers State.

    The statement said: “Mrs Coker further states that it is only her foundation known as Arise Monalisa Foundation that is based in Lekki, Lagos. The said body is a non-profit organisation and thus do not pay tax by law.

    “Mrs Coker states that sometime in 2016, when Lagos Inland Revenue Service (LIRS) officials were dropping tax assessments around the premises of Arise Monalisa Foundation at Lekki, Lagos, they visited the premises and were told by the workers that only a non-profit organisation was operational there.

    “They advised that although the business is non-profit, the head of the outfit should pay some tax based on self-assessment.

    “Based on the advice, she approached a bank and on self-assessment basis paid N100,000.00 for two years to the LIRS. She has also been issued a tax card.

    “Mrs Monalisa Coker hereby restates for emphasis that Rivers State Government is the appropriate body that she is compelled by law to make income tax returns to.”

     

  • Witness’ absence stalls Dane’s murder trial

    A Lagos High Court yesterday adjourned the murder trial of a Dane, Peter Schau Nielsen, till April 3, following the absence of the last prosecution witness.

    Deputy Director of Prosecutions Dr. Jide Martins told Justice Mobolanle Okikiolu-Ighile that the witness, Dr. Somairi, was not available.

    Nielsen, 53, is standing trial for the death of his Nigerian singer wife, Zainab, and their three-and-a-half-year-old daughter, Petra.

    He was last June 13  charged with their murder, an offence said to be contrary to Section 223 of the Criminal Law of Lagos State, 2015.

    Nielsen, Zainab, Petra, Gift and Favour Madaki, who are Zainab’s stepsisters, were said to be in the apartment on the night of the incident.

    The state accused Nielsen of beating up and smothering Zainab and Petra around 3:45am, at No 4, Flat 17, Bella Vista Tower, Banana Island, Ikoyi.

    At the resumed hearing of the matter yesterday, Martins explained Somairi’s absence.

    He said last Friday during a pre-trial meeting with the witness, it was discovered that there were other essential information required by the prosecution, which were not before the court.

    Martins said: “My Lord, the matter for today is for continuation of trial, but, unfortunately, Dr. Somairi, who is our last witness, is not in court.

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    “We were in a pre-trial meeting on Friday and we realised that there are other information very essential and that information is not before the court.

    “We hope that by Wednesday the information will be ready and we will serve same on the court and the defence.

    “Our application is for the court to vacate Tuesday (today) and Friday. He is a vital witness, whose testimony will help the court. We are still coming back on Monday.”

    But Justice Okikiolu-Ighile was not pleased.

    “Learned Deputy Director, today is wasted, tomorrow is wasted, Friday is wasted. You have disorganised my list,” the judge said.

    Justice Okikiol-Ighile adjourned till April 3.

  • ‘My stepdad killed my brother’

    A teenager, Omobowale Sunmola, yesterday told a Lagos High Court in Igbosere that her stepfather and his mother allegedly killed her elder brother and dumped him in a canal.

    She told Justice Sedoten Ogunsanya that the incident occurred at their Maryland, Lagos home in 2014.

    She said she was 11 at that time, adding that she was about to begin Junior Secondary School (JSS) 1, while her brother, Tunde, was 13.

    Omobowale, now 17, testified during the trial of her mother, Margaret Olufunmilayo Odunlade, her stepfather, Folorunsho Emmanuel and his mother, Funke Maxwell, for the alleged offence.

    Odunlade, Emmanuel and Maxwell were arraigned by the Lagos State Government in 2014, on a two-count charge of manslaughter and misconduct with regard to a body.

    Prosecuting counsel Adebayo Haroun said the alleged offences were committed about 6am, on August 2, 2014, at 17, Emmanuel Street, Maryland, Ikeja, Lagos.

    He alleged that the defendants killed Tunde Sunmola by beating him up and not taking him to hospital for treatment of injuries he sustained on his leg.

    Odunlade was also accused of dumping Tunde’s body in a canal.

    The prosecutor said the offences contravened sections 222 and 163 of the Criminal Law of Lagos State, 2011.

    Omobowale, led in evidence by Haroun, testified as the third prosecution witness.

    The witness said at the time, she lived with her mother, stepfather and his mum, while Tunde lived in Ijebu Ode, Ogun State, with their grandmother, Mrs. Arinola Sunmola.

    She said Tunde was eager to see her and their mother, so their grandmother persuaded his mother to come to Ijebu with her (Sunmola) and take him to Lagos on August 1.

    Omobowale said when they got to Lagos, “my mother asked Tunde to start moving ahead of us and when I asked her why, she said she didn’t want people in the area to know that Tunde was her son.

    “That night when my stepfather returned from work, he asked my mother, ‘who is this boy?’

    Following the conclusion of testimonies, Justice Sedoten Ogunsanya adjourned further hearing  till June 26.

  • ‘How my grandson was kidnapped in church’

    A Lagos High Court yesterday heard how a four-year-old  was kidnapped in church in 2015, during a workers’ meeting.

    The boy’s grandmother, Mrs Gladys Alaegbu, said he was sitting behind him with her bag when he suddenly disappeared.

    Alaegbu, a worker in Amazing Grace Pentecostal Church, Palmgrove, Lagos, was testifying in the trial of a kidnap suspect, Gabriel Ogunsawe.

    According to the press, Ogunsawe and his accomplices, who are on the run, kidnapped Joshua on February 1, 2015 and released him the next day after collecting N300,000 ransom and N3000 airtime.

    His arraignment at an Ebute-Meta Magistrates’ Court in 2015 and re-arraignment at the High Court in 2017 followed his arrest in May 2015, by the State Criminal Intelligence and Investigation Department (SCIID), Panti, Yaba, Lagos.

    Ogunsawe was allegedly sent to Kirikiri Prison in 2013 for his part in a similar offence.

    Led in evidence by the prosecutor counsel Bisayo Apata, Alaegbu said.

    “My grandson was kidnapped inside the church on February 1.”

    She said following the conclusion of the day’s service, she stayed back to attend a workers’ meeting, gave Joshua her bag and found him a seat behind her.

    The witness said: “I looked back several times and saw him playing. But after we did the closing prayers, I did not see him again.”

    She said only her bag was on the chair. The witness said after looking for him in vain, she ran home to inform her husband that the boy was missing, adding that together they went to the nearby Pedro Police Station which refused to take her statement.

    “The police said we had to wait for 24 hours,” Alaegbu said.

    The witness said they returned to the church where they were informed that the kidnapper had been in touch with the clergyman, Pastor Joshua.

    “I stayed there till 8pm before leaving for home. The pastor told us the kidnappers were still calling, mentioning a ransom. I cried throughout,” she said, adding that the kidnappers threatened to hand over Joshua to money ritualists at Ijebu Ode in Ogun State, if the family or church failed to raise the ransom.

    Alaegbu said the next day, they returned to the church, where, at about 3:30pm, “I received a call from my compound, one of my neighbours said the police had found Joshua.”

    She said the police left a note, asking her to come to the Onikan Police Station, where she recovered Joshua.

    The witness added: “Three months after Joshua was found, I received a call from the SCIID, Panti. They told me to come with Joshua. That’s where I saw the defendant.”

    Justice Modupe Nicol-Clay adjourned till April 4.

     

  • I mistakenly strangled my girlfriend, says murder suspect

    A murder suspect, Kelechukwu Chukwuanugo, yesterday told a Lagos High Court in Igbosere that he mistakenly strangled his girlfriend, Lizzy Nzewi, during a struggle for her phone.

    Chukwuanugo, 37, in tears, told Justice Adedayo Akintoye that he loved Lizzy and had no intention of killing her.

    The defendant spoke while opening his defence to a one-count charge of murder preferred against him by the Lagos State Government.

    Prosecuting counsel Yusuf Sule said Chukwuanugo strangled Lizzy with a wrapper about 2pm on July 19, 2014, at Plot 34, Green Estate, Amuwo-Odofin, Lagos.

    He said the offence contravened Section 221 of the Criminal Law of Lagos State, 2011.

    The defendant pleaded not guilty, following which he was remanded in prison custody.

    During trial, the court heard that Chukwuanugo fled and was arrested at the border between Ghana and Cote D’Ivore by police operatives from Nigeria and the International Police (INTERPOL) while fleeing with the deceased’s Range Rover Sport Utility Vehicle (SUV).

    The state called five witnesses, following which it closed its case.

    At the resumption of hearing yesterday, Chukwuanugo was led in evidence by his counsel, C. J. Jiakponna.

    The defendant narrated how he met Lizzy, a divorcee mother of four, in Ghana sometime in 2012 and how they became lovers.

    He said: “I met Lizzy in Ghana, where I was working with a company that dealt in fairly-used clothes.

    “She bought goods and we exchanged contacts. That was how we became lovers.”

    Chukwuanugo said they became so close that he could even play with her children.

    He said Lizzy helped him to obtain international passport and a driver’s licence, which both bore a name similar to hers, to make it look like they were husband and wife.

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    The defendant told the court that he once took Lizzy to his village, saying they attended clubs together.

    “On the day of the incident, the deceased went out and stayed out till midnight and did not answer my calls.

    “She came back drunk, playing music loudly in her car. I took her and her belongings inside the house.

    “I told her to take her bathe because she smelled badly. As she went inside the bathroom, I called her phone to check if it was actually on silence, but the phone rang out.

    “She came out to answer the call, but found out that I was the one calling.

    “After some time, the phone rang again, a man’s picture showed. I picked it and the man said: ‘Baby are you home?’

    “She came out, tried to snatch the phone from me. We started quarrelling and struggling with the phone.

    “She held my manhood so hard and I tried to free myself. Then I held her neck.

    “The wine on the table, which I was drinking, poured on the floor. We slipped and fell. I saw that I was bleeding, so I entered the bathroom to clean up.

    “When I came out, she was still lying on the floor, motionless. I shifted her and saw that she was already foaming in the mouth.

    “I didn’t know what to do. So, I took the car’s key and an ATM card and ran away,” he said.

    Chukwuanugo said when he was arrested, he was taken to hospital for treatment.

    His lawyer, Jiakponna, made an application to the court to allow him subpoena (summon) the hospital to come and testify.

    He also asked the court to allow him apply to the police to produce the defendant’s international passport, drivers’ licence and the ATM card seized from the defendant.

    Justice Akintoye adjourned till May 10 for further hearing.

     

  • Two remanded for alleged robbery

    A Lagos High Court yesterday remanded in prison two unemployed men, Ibrahim Wasiu and Saka Waheed, accused of dispossessing passersby of their phones at gunpoint.

    Justice Adedayo Akintunde made the order after they pleaded not guilty to a four-count charge of conspiracy and armed robbery preferred against them by the Lagos State Government.

    The judge adjourned till May 13 for hearing.

    Prosecuting counsel Babatunde Sunmonu told the judge that the defendants committed the offence at about 11:15pm on February 26, last year, at Ogunmuyiwa Street, Itire, Surulere, Lagos.

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    The court heard that the men robbed Chizoba Apugo of his phone while armed with a toy gun and a knife.

    The defendants also allegedly stole another phone from another complainant, Samuel Afara.

    “On February 27, 2018, at about 1:20am, at the same Itire area of Lagos, the defendants were caught by the police while in possession of a toy gun,” Sunmonu said.

    He said the defendants were in possession of the toy gun with the intent to rob.

  • Two unemployed men remanded for “toy gun robbery”

    A Lagos High Court in Igbosere on Monday remanded in prison custody two unemployed men, Ibrahim Wasiu and Saka Waheed, following their arraignment for allegedly dispossessing passersby of mobile phones at gun point.

    Justice Adedayo Akintunde made the order after the duo pleaded “Not guilty” to a four-count charge of conspiracy and armed robbery preferred against them by the Lagos State Government.

    The judge adjourned till May 13 for hearing.

    Earlier, prosecuting counsel Babatunde Sunmonu told the judge that the defendants committed the offences at about 11:15pm on February 26, 2018, on Ogunmuyiwa Street, Itire, Surulere, Lagos.

    The court heard that the men robbed one Chizoba Apugo of his mobile phone while armed with a gun and a knife.

    The defendants also allegedly stole another mobile phone from another complainant, Samuel Afara.

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    “On February 27, at about 1:20am at the same Itire area of Lagos, the defendants were caught by the police while in possession of a toy gun,” Sunmonu said.

    According to him, the defendants were in possession of the toy gun with the intent to commit robbery.

    The offences, he added, contravened Sections 287 (5), 297, 298 and 299 of the Criminal Law of Lagos State, 2015.

     

     

  • Court remands woman for alleged manslaughter

    A Lagos High Court in Igbosere Monday remanded in prison custody an ex-staff of Olab Private School, Lagos, Rukayat Amisu, following her arraignment for the death of a three-year-old girl who fell into steaming water.

    Justice Adedayo Akintoye made the order after Amisu pleaded “Not guilty” to a one-count charge of manslaughter.

    The Lagos State Government accused the defendant of committing the offence at about 10am on October 21, 2015, at Olab Private School, No. 11, Idowu Street, Lagos Island.

    Prosecuting Counsel Babatunde Sunmonu alleged that the defendant unlawfully killed one Aliyah Ahmed by negligently allowing her to be burnt by hot water.

    “The defendant negligently sat the little girl on top of a container containing hot water and the child fell inside the hot water,” he said.

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    The court heard that the baby died afterwards.

    According to Sunmonu, the offence contravened Section 227 of the Criminal Law Lagos State, 2011.

    Following Amisu’s plea, her counsel, A. O. Ladipo, told the judge that he had filed an application for her bail.

    Justice Akintoye adjourned till March 11 for hearing of the bail application.

    The charge against Amisu reads in part: “That, you Rukayat Amisu, on October 21, 2005 at about 10am at Olab Private School at No. 11, Idowu Street, Lagos Island, unlawfully killed one Aliyah Ahmed by negligently allowing her to be burnt by hot water.”

  • I didn’t rape girl but gave her N1,000 Christmas gift – Exxon Mobil engineer

    An Exxon Mobil Engineer, James Onuoha, on Thursday told a Lagos High Court in Igbosere that he did not rape his tenant’s 14-year-old niece but gave her N1000 as a Christmas gift.

    Onuoha testified before Justice Adedayo Akintunde after opening his defence to a rape charge filed against him by the Lagos State Government.

    The government accused Onuoha of committing the alleged offences at about 11:30am on January 4, 2016 at No 25, Samuel Amoore Street, Idowu Estate, Ike-Ira Nla, Ajah, Lagos.

    Prosecuting counsel, Dr. Jide Martins, said the defendant willfully had an unlawful sexual act with the teenager without her consent.

    He said the offences contravened Sections 134 (2), 135 (1), 137 and 258 of the Criminal Law of Lagos State of Nigeria, 2011.

    Onuoha pleaded not guilty.

    The defendant was first arraigned sometime in January 2016 at an Igbosere Magistrates’ Court, Lagos, on a four-count charge bordering on defilement.

    He was remanded in Kirikiri Prison pending legal advice from the Director of Public Prosecutions (DPP).

    Following his indictment by the DPP, the case was transferred to the high court for trial.

    The prosecution opened its case by calling witnesses including the girl.

    Onuoha opened his defence, while led in evidence by defence counsel, Dr. Victor Olowonla.

    He narrated how he visited his house at No. 25, Samuel Amoore St., Idowu Estate, Ike-Ira Nla, Ajah, Lagos, on Jan. 4, 2016.

    The defendant explained that he went to the house to inspect the premises rented by his tenant “Kenneth”, who was not at home.

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    Onuoha said: “I called Kenneth several times but he did not pick his calls so I decided to meet him at home. But when I got there, Kenneth was not there.

    “I knocked at Kenneth’s apartment until a young girl came out and said Kenneth was not around. I asked the girl her age, she said she was 16-years-old.

    “She granted me access to the house for an inspection.

    “In the past, Kenneth used to hide from me so I thought he was hiding. I entered only to do inspection.

    “I did not touch her, it was Christmas period and I gave her N1000 as a gift.”

    The defendant told the court that his tenant later picked his call at 7pm the same day.

    “I told him over the phone that his rent was due since two years ago,” he added.

    Onuoha said two days after his visit to the house he got a call from his office about a report from Kenneth that he raped the girl.

    The defendant also narrated how he was invited by the police at Lamgbasa Police Station and how the case was transferred to the Zone II Police Command.

    After the examination-in-chief, Onuoha was cross-examined by Martins.

    When Martins asked the defendant if he informed the tenant about his visit before going to the house, Onuoha said “No.”

    Responding to another question, Onuoha stated when he was summoned by the Police, he did not think it was an opportunity for him to visit Lamgbasa Police Station to explain his innocence.

    He explained he was not aware that the girl only recently came to Lagos to stay with her uncle, at the time of the incident.

    After the cross examination, Justice Akintoye adjourned further hearing till March 28.