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Tag: Lagos High Court

  • Two jailed seven years for illicit drug deal

     

     

    Justice Babs Kuewumi of ‎the Federal High Court in Lagos Tuesday sentenced Innocent Dike (32) and Godwin Ehigbue (36) to seven years imprisonment for illegal drug deal.

    They had pleaded guilty to a two-count charge filed against them by the National Drug Law Enforcement Agency (NDLEA) when they were arraigned on April 11.‎

    Prosecution counsel, Mr. Jeremiah Aernan, tendered the convicts’ written statement, a request for scientific aid form, a drug analysis result, as well as a an envelope containing the banned narcotic.‎

    Justice Kuewumi held: “The accused are hereby found guilty as charged, and they are accordingly convicted. They are sentenced to a term of seven years imprisonment each, beginning from the date of their arrest.”

    The judge also ordered the drug seized from them to be destroyed.

    NDLEA operatives arrested the accused on February 17, 2014 ‎at Igbogbo in Ikorodu Lagos, with 9. 6 kg of Cannabis Sativa, also known as Indian hemp.

    The offence contravened Section11 (c) of the NDLEA Act, Cap N30, Laws of the Federation, 2004.

     

  • NJC recommends retirement of two judges

    NJC recommends retirement of two judges

    The National Judicial Council (NJC) has recommended the compulsory retirement of two judges having found them guilty of professional misconduct.

    The two judges are O Gbajabiamila of the Lagos High Court and Idris M. J. Evuti of the High Court of Niger State.

    The recommendation for their immediate compulsory retirement has been communicated to the governors of Lagos and Niger states.

    It also recommended a lawyer, Oluwaseun Olusiyi to the Legal Practitioners Disciplinary Committee (LPDC) for disciplinary action for walking out on a judge.

    The NJC howevr cleared Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission.

    It ordered  Justice Tanko Yusuf Usman of the High Court of Niger State to refund the salaries he earned from June last year till March this year (when he retired), having been found to have altered his age.

    NJC’s Acting Director of Information, Soji Oye said, in a statement yesterday, the Gbajabiamila has been suspended immediately from further acting as a judicial officer until the Lagos State governor act on NJC’s recommendation.

    He said NJC took the decision at its sitting of April 13 and 14 this year.

    “Hon. Justice O. Gbaja-Biamila was recommended for compulsory retirement from office to the governor of Lagos State, pursuant to the findings by the council on the allegations contained in the petitions written against his Lordship by Mr. C. A. Candide Johnson, SAN.

    “The allegations are: That the Hon. judge delivered judgment in suit No ID\1279\2007 P. K. Ojo Vs SDV & SCOA Nigeria Plc, twenty two months (22), after written addresses were adopted by all the Counsel and thirty-five (35) months after the close of evidence in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days;

    “That his Lordship did not publish a copy of judgment he delivered on 24th December, 2013 until after 40 days, contrary to the provision of the Constitution which required that a copy of the judgment of a Superior Court of record be given to parties in the case within 7 days of delivery.

    “That the Hon. Judge continued to hear the Suit in his court after he had been notified of the pendency of a motion for a stay of execution at the Court of Appeal and that an appeal had been entered.

    “Prior to the issuance of the first writ of attachment, the court Registrar, under the direct administration of the Hon. Judge, falsely misrepresented to the Deputy Sheriff in a memo dated 28th November, 2014, that there was no appeal or motion in the case file as at 28th November 2014. “Meanwhile, there were two notices of appeal and two summons to settle records in the court’s file.

    “That the Hon. Judge gave an order on 23rd February, 2015 upon an ex-parte application substituting the name of SDV Nigeria Ltd with Bollore Logistics Nigeria Ltd without serving the Order of substitution on the affected party or its legal representatives.

    “That the Hon. Judge failed to maintain professional competence required to preserve the integrity of the Judiciary.

    “The above allegations constitute misconduct contrary to Section 292 (1) (b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Rules 1.3, 3.3, 3.4 and 3.7 of the 2016 Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.

    “In the interim, the National Judicial Council in exercise of its power under Paragraph 21 Sub-Paragraph (d) of the Third Schedule of the 1999 Constitution of the Federal Republic of Nigeria, as amended, has suspended Hon. O. Gbaja-Biamila from office with immediate effect.

    “Council also considered a petition written by Mohammed Idris Eggun against Hon. Justices Idris M. J. Evuti and Tanko Yusuf Usman of the High Court of Niger State on falsification of their dates of birth.

    “He alleged that Hon. Justice Idris M. J. Evuti falsified his age from 15th September, 1950 to 10th April, 1953 and Hon Justice Tanko Yusuf Usman falsified his age from 27th June, 1950 to 27th June, 1951.

    “A fact finding committee set-up by the council found from the records made available to it that the Hon. Justice Evuti used three different dates of birth over the years as 15th September, 1950, 10th April, 1953 and 1st April, 1953 and therefore recommended his compulsory retirement with immediate effect.

    “Apart from the recommendation for compulsory retirement of Hon. Justice Idris M. J. Evuti, council recommended to the Government of Niger State to deduct all salaries received by him from September, 2015 till date from his gratuity and remit same to the National Judicial Council that pays salaries of all judicial officers in the federation.

    “With respect to the Hon. Justice Tanko Yusuf Usman, council did not recommend his compulsory retirement because it had already accepted his retirement with effect from 1st March, 2016.

    “However, council decided to write to the Government of Niger State, to deduct from the gratuity the salaries received by him from June 2015 when his Lordship should have retired from the Bench.

    “Council at the same meeting exonerated Hon. Justice Saliu Saidu of the Federal High Court, Lagos of misconduct as it found unsubstantiated a Petition of alleged misconduct written against him by Securities and Exchange Commission. “The Hon. Judge was alleged to have been biased in granting ex-parte orders of injunction against the commission in suit No FNC\L\CS\767\15: BGL Ltd and Ors V. Securities and Exchange Commission without due regard to the relevant factors and circumstances of the case.

    “The counsel to the Securities and Exchange Commission, Oluwaseun Olusiyi was also reported to the Legal Practitioners Disciplinary Committee for walking out on the Judge on the matter when she was told the matter was not ripe for hearing for disciplinary action,” Oye said.

     

  • ‎Court rules out trial within trial on Ejigbo three

    ‎Court rules out trial within trial on Ejigbo three

    The trial within trial in the matter involving the tortured Ejigbo women failed to hold Thursday at a Lagos High court sitting in Ikeja.

    This was because the court presided by Justice Oluwatoyin Ipaye reversed her ruling which earlier granted the request of the defence for a trial within trial to determine the admissibility of the statements of the sixth‎ and seventh defendants.

    ‎The decision of the court was sequel to the submission of the prosecution led by Akin George that it would amount to wasting the time of the court if a trial is conducted within the main trial on the statement of the 6th and 7th defendants.

    Justice Ipaye ruled that the trial within trial was no longer neccessary owing to the fact that the statement of the 6th defendant was not confessional as claimed earlier.

    At its last sitting of the court, Justice Ipaye had granted the prayer of the defence counsel, Mr J.H Basir to the 6, 7,8, 9 and 10 defendants to conduct a trial within trial in order to determine if truly the statement of the 6th and 7th defendants said to be confessional were given by his clients.

    But at the resume of the hearing Thursday, the prosecution led by Mr. Akin George informed the court that the prayer of the defense counsel earlier granted by the court will only amount to a wild goose chase.

    George argued that it is only if the statement of the defendants are confessional that the the court could approve trial within trial.

    Citing section 28 and 29 of the Evidence Act, George said the‎ defence is seeking to approbate and reprobate by asking for a trial within trial as that would further drag the matter

    “The statement of the defendants before the court is not confessional. Therefore, the court has the power to over- rule the previous ruling on trial within trial.”

    “I thereby urged the court to overrule the previous pronouncement on the matter”, he said.

    In his response, counsel to the defendants, Mr Bashir told the court that the prosecution had failed to file an appeal against the previous ruling of the court.
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    Said he: “It is the duty of the court to determine whether a statement is confessional or not”.

    Bashir urged the court to discountenance the objection raised by the prosecution.

    After listening to the submission of the parties, the judge in her fresh ruling withdrew the trial within trial that was earlier granted the defence.

    Thereafter, the defence moved a motion of notice before the court seeking an extension of the time given him for cross-examination in view of the fact that he is representing five defendants.

    Bashir argued that the time given to him was the same allotted to other counsels who are representing one or two defendants.

    He urged the court to allow him re-examine the third prosecution witness (PW3).

    However, the prosecution objected to the request of the defence saying that it was an attempt to draw the court back on matters that are already gone.

    Justice Ipaye in her ruling declined the prayer of the defence and said that the defence counsel had enough time to do his job.

    “I have scrutinised the applications by counsels and in the view of the facts before the court, I rule that the application is without evidence and is hereby dismissed.”

    Justice Ipaye subsequently adjourned the matter till April 20 and 21, 2016 for continuation of trial.

     

  • Lagos: Man to die by hanging for robbery

    Lagos: Man to die by hanging for robbery

    A middle aged man, Friday James, was Wednesday sentenced to death by hanging by a Lagos High Court, sitting in Ikeja.

    Justice Oluwatoyin Ipaye handed down the death sentence after finding the convict guilty of a two count charge of armed robbery preferred against him by the office of the Lagos State Directorate of Public Prosecution.

    The prosecution team  led by Chief State Prosecutor, Akin George, had accused the convict of the offence of conspiracy to commit armed robbery, and armed robbery.
    George he told the court that the convict robbed one Olanrewaju of her jewelleries worth N100,000.
    He also accused the convict of inflicting injuries on the head and hand of the husband of the victim through the use of machetes and guns.
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    The prosecutor said the convict committed the offence, on February 17, 2012 around 3 a.m. at Ewegbemi Street, Meiran, Ajasa Command within Ikeja.
    The offence, according to the prosecution is contrary to Section 297 Criminal law of Lagos State 2011, and Section 295 subsection 2(a).
    When the charged were read to him on arraignment in 2012, James had pleaded not guilty to the two count charge preferred against him by the DPP.
    But the trial judge declared that the prosecution has proved his case beyond reasonable doubt.
    Justice Ipaye subsequently found the convict guilty on the two count charge offence and sentenced the convict to death by hanging.
  • N25.7b theft charge against Atuche: EFCC seeks adjournment sine die

    N25.7b theft charge against Atuche: EFCC seeks adjournment sine die

    The Economic and Financial Crimes Commission (EFCC) has asked a Lagos High Court sitting in Ikeja to adjourn sine die (indefinitely) its ruling on an application filed by a former Managing Director of Bank PHB, Mr. Francis Atuche.

    Atuche is seeking to quash the  N25.7 billion theft charge preferred against him alongside his wife, Elizabeth and a former Chief Financial Officer of the bank, Ugo Anyanwu.

    At the resumed sitting of the court yesterday, counsel to the EFCC, Mr Dele Adesina (SAN) in an application,  urged  Justice Lateef-Lawal Akapo of Lagos High Court, Ikeja to adjourn the ruling indefinitely.

    Adesina said the application  was pending the outcome of the appeal filed against the Court of Appeal judgment of November 21,2013  by the EFCC which struck out the theft charges preferred against a former Managing Director of Finbank Plc, Mr. Okey Nwosu and others for lack of jurisdiction.

    Adesina told the court that the EFCC had filed an appeal against the judgment at the Supreme Court, adding that the matter has being granted expeditious hearing due to its importance.

    In his response,  Atuche’s counsel, Mr Tayo Oyetibo (SAN) asked the court to reject the application. Oyetibo told the court that the application was intended at truncating the ruling which was listed as the business of the day.

    Atuche had approached the court for the quashing of the charge, arguing that like Nwosu’s case, the state high court had no jurisdiction to entertain the matter.

    Oyetibo had maintained that the cases were similar in nature because they emanated from capital market transactions.

    “The appellate court had held that such capital market-based matter was an exclusive jurisdiction of the Federal High Court,” he said.

    To buttress his submission, he referred the court to the judgment of the Court of Appeal, Lagos, delivered December 31 last year in the case of Dr. Erastus Akingbola against the Federal Republic of Nigeria.

    According to him, the appellate court struck out the case against the former Managing Director of the defunct Intercontinental Bank Plc, on  similar grounds.                                                                                            However, after taking the submissions of both parties,  Justice Lawal-Akapo said nobody could predict the time the Supreme Court would arrive at its verdict in the said appeal.

    He said judges at the lower court had waited for over a year for the apex court to clarify the ruling given by the Court of Appeal on the Okey Nwosu’s case.

    He adjourned the matter till April 22 this year for arguments on the application.

  • Court stops demolition of five-storey building

    Court stops demolition of five-storey building

    •Family accuses agency of violating court order

    A Lagos High Court sitting on Igbosere has stopped the demolition of a five-storey building in the Central Business District in Lagos.

    The court restrained the Lagos State Building Control Agency (LASBCA) and others from further demolishing and dismantling the property  at 49, Martins, Street, Lagos.

    Jusstice Hakeem Oshodi granted the injunction pending the determination of the substantive suit.

    The defendants are the Attorney-General of Lagos State, Lagos State Urban Renewal Agency(LASURA) and the LASBCA.

    In the motion on notice filed by theclaimants/applicants,they sought  an order restraining the defendants “either by themselves, agents, privies or whosoever from erecting any structure, or alienating to the 3rd party (LASBCA) or further interfering in any manner on any part of the property at 49, Martins Street/30, Shitta Street, Lagos Island pending the determination of the substantive suit in this case”.

    Granting the prayers in the suit with number LD/ 7688/2014, Justice Oshodi ordered the respondents to maintain the status quo; he adjourned the matter till January 15, for the hearing of the Motion on Notice.

    Justice Oshodi ordered: “Due to the peculiar nature of the facts of this case, it will be prudent for the court to maintain status quo of the respondents. In this respect, the Court hereby orders that parties,  especially the second and third defendants do maintain status quo as at today.”

    The claimant Alhaji Fasasi Adesigbin Oluwole, Afeez Oladimeji Shitta, Alhaja Mutiat Olasumbo Hassan (for the family of late Alhaja Taibat Shitta) and Alhaja Hadikat Talabi had in their suit laying claim to the disputed property at No 49 Martins Street, Lagos which has been a subject of litigation.

    The claimants in their affidavit had alleged that in spite of the court orders restraining the defendants from further tampering with the disputed property, they “at a break neck speed fully demolished the property in dispute in my presence”.

    The problem surrounding the ownership of the land, which had been occupied by the claimants for over 30 years, got out of hands until October 24, this year when it was alleged the agents of the state government aided by security operatives, “invaded the property in dispute started removing the burglaries, doors and windows affixed to the property and sending away our tenants out of their shops”.

    According to their 47 paragraphs in support of the motion deposed to by Afeez Shitta, the claimants averred that sequel to this, several efforts were made, including filing of an action challenging the activities of the agents of the government but all to no avails.

    He stated: “The Claimants/ Applicants as a law-abiding citizen instituted this case to prevent and challenge the  atrocities of the defendants by their Writ of Summons and Statement of Claim dated and filed on October 28, 2014 and  October 29, 2014.”

    According to them, in spite of the service of the processes on the respondents and the order exparte restraining the defendants the demolition continues unabated.

    “As at 26th of November, 2014 when this Honourable Court granted an order exparte, retraining the Defendants from further demolishing the property in dispute, the said property was yet to be fully demolished by the defendants.”

    The deponent stated further that there was no  letter or application demanding for the demolition of the property in dispute, but leaders of the agencies want to use their offices to take usurp and seize their ownership of the land to take it over  and erect a new building.

    The family had earlier taken steps to address the situation by sending petitions to the governor and other state government officials, including the Assistant Inspector-General of Police, Zone 2 Command, in the hope that the situation will be addressed.

    According to the spokespersons of the family, Mrs. Modinat Onimole and Mrs. Mutiat Hassan, Governor Babatunde Fashola  promised to set up a committee to investigate the case. She said up till now, nothing had been heard about the committee and its report.

  • Oil marketer, 77, arraigned for N65m ‘fraud’

    Oil marketer, 77, arraigned for N65m ‘fraud’

    A 77-year-old oil marketer, Alhaja Mulikat Shonekan, was yesterday arraigned before an Ikeja, Lagos High Court, for an alleged N65million fraud.

    The Economic and Financial Crimes Commission (EFCC) arraigned the septuagenarian, her company, Mujekanm Petroleum Nigerian Company Limited, and Martins Ogiogwa, for the offence.

    They were arraigned before Justice Oluwatoyin Ipaye on a five-count charge of conspiracy, advance fee fraud, theft, fraudulent conversion of funds and issuance of dud cheque.

    An ailing Alhaja Shonekan was assisted into the court by her relations as she could barely move even with the aid of a walking stick.

    The EFCC, represented by its counsel, A.B.C. Oziokwo, alleged that the defendants defrauded a company, Kuta Stones Limited, of N65 million.,

    They were alleged to have fraudulently obtained the money in September 2008 under the pretence of buying 90 acres of land at Kemta Ososun Village in Odeda Local Government Area of Abeokuta, the Ogun State capital, for the company.,

    The EFCC alleged that they collected the money from a director of the company, Mr Danladi Verheijen, but failed to deliver the property three years after.

    Alhaja Shonekan was also alleged to have issued a dud N5million GTBank cheque through her company’s account on July 15, 2011 as part repayment for the N65million she allegedly collected from the company.

    The commission said: “The cheque was dishonoured and returned unpaid when it was presented for payment”.

    The offences, according to the agency, are contrary to and punishable under Sections 8(a) and 1(3) and 1(1) and 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act No. 14 of 2006; Section 390 of the Criminal Code Cap. C17, Vol. 2, Laws of Lagos State of Nigeria 2003; and Section 1(1) of the Dishonoured Cheque Offences Act, Cap. D11, Laws of the Federation of Nigeria, 2004.,

    Alhaja Shonekan and her fellow defendants pleaded not guilty.

    She was granted N5million bail with two sureties, one of who must be her relation.

    The surety must also be resident in Lagos with a tax clearance covering the last three years.

    The second defendant was granted N10million bail with two sureties, one of who must be his relation.

    Justice Ipaye ordered that the sureties must forward the surety sum in a bank cheque issued in favour of the Chief Registrar.

    One of the sureties of the second defendant must also present a N5million bond.

    The judge ordered that the septuagenarian remanded in EFCC custody, and the second defendant, in prison custody.,

    Counsel to Shonekan and her company, Bamidele Ogundele, urged the court to remand her in the EFCC custody pending when she perfects her bail conditions.

    Ogundele argued that the woman was ill and had been rushed to the hospital thrice while in EFCC’s custody.

    Oziokwo, while not opposing the defendants bail, however, objected to the remand of the first defendant in EFCC’s custody of the commission because it “does not have hospital in the event that she falls ill again.”

    Justice Ipaye said: “Justice must have face of compassion. Having noted the inability of the first defendant to walk, the prison may not be the ideal place to keep her. I order that she be kept in EFCC custody pending the perfection of her bail conditions”.

    She adjourned the matter till January 23, 2015 for trial.

  • Alleged N27.5b theft: Court declines Atuche’s application to dismiss charges

    Alleged N27.5b theft: Court declines Atuche’s application to dismiss charges

    Justice Lateefat Okunnu of a Lagos High Court yesterday dismissed an application filed by a former Managing Director of the defunct BankPHB, Mr. Francis Atuche challenging the jurisdiction of the court to try him.

    Justice Okunnu held that the trial of the former Managing Director of defunct BankPHB will continue in the court. Atuche is standing trial alongside his wife, Elizabeth and former Chief Financial Officer of the bank, Ugo Anyanwu over the alleged N25.7 billion theft charged preferred them by the Economic and Financial Crimes Commission(EFCC).

    At the resumed trial of the matter on Monday, the court declined to consider the decision of the court of appeal which said that only federal high courts have jurisdiction on charges bordering on capital market offences as in the case of a former Managing Director of defunct Fin Bank, Mr. Okey Nwosu.

    Atuche, had urged the Court to dismiss the charge against him and his wife, Elizabeth on the ground that the subject matter of the charges against them emanated from the issue of acquisition of shares of the bank.

    He had argued then that the control of capital issue is item 12 on the Exclusive Legislative list in the 1999 constitution and same exclusive to the jurisdiction of the Federal High Court by virtue of Section 251(1) of the 1999 constitution and section 7 (3) of the Federal High Court Act, 2004 Cap F12.

    But Justice Okunnu in her ruling delivered after parties had finished their arguments declined to grant Atuche’s application.

    The trial judge held that granting the application to dismiss the charges would amount to preempting the decision of the court appeal in an appeal filed by Atuche on June 22, 2011, in which he had challenged the jurisdiction of the court to entertain the charge.

    Justice Okunnu said, it will amount to judicial rascality to do so and therefore opted to continue with the trial pending the determination of Atuche;s appeal at the appeal court on the same issue of jurisdiction.

    The judge subsequently adjourned till March 10, 2014 for continuation of trial

    Atuche had in the motion filed by his counsel, Chief Anthony Idigbe SAN and supported with a four paragraph affidavit deposed to one, Martins Nwankwo, contended that the Lagos High Court does not have the power and jurisdiction to review and make judicial pronouncements on most of the exhibits tendered so far; the exhibits being subject of item12 of the Exclusive legislative list .

    He had further contended that the court cannot reach a fair, just and whole decision at the end of the trial without considering the Exhibits bordering on capital market issues upon which the court lacks jurisdiction to adjudicate by virtue of the 1999 constitution.

    But counsel to the EFCC Mr. Kemi Pinheiro (SAN) in their notice of preliminary objection to the motion urged the court to dismiss in limine ( from beginning) for being scandalous, frivolous and vexatious.

    The anti-graft agency in the motion filed December 3, 2013, also contended that the plaintiffs were gambling with the process of the court contrary to the Supreme court decision in Abubakar v. Yar’adua (2008) 4 NWLR (Pt.1120).

    EFCC therefore urged the court to dismiss the motion being vexatious and abuse of court process.

  • Subsidy protest: How the dismissed DPO shot Daramola – Witnesses

    Subsidy protest: How the dismissed DPO shot Daramola – Witnesses

    A Lagos High Court, Ikeja, has been told that the dismissed Divisional Police Officer, Pen Cinema Police Station, Agege, Segun Fabunmi , shot at Adedamola Daramola and some fuel subsidy protesters on January 9, 2012 at Yaya Abatan in Ogba.

    At the resumed trial of the DPO on Tuesday, two prosecution witnesses, Adekunle Alabi and Alimi Abubakar accused Fabunmi of allegedly shooting at some fuel subsidy protesters.

    The witnesses made the allegation while testifying before the court presided by Justice Olabisi Akinlade.

    Led in evidence by Mrs. Olabisi Ogungbesan, the Director of Public Prosecutions, Lagos State, Abubakar told the court how the incident happened.

    The witness recalled that himself and some other persons were reading newspapers at Yaya Abatan Junction, Agege, when the policemen arrived in two patrol vehicles.

    Abubakar said that when the team which was led by the defendant arrived at about 8am, one of the officers started shooting in the air and towards the ground to scare people away.

    He said that Fabunmi, seeing this, moved to the officer and snatched the gun from him.

    The witness alleged that the defendant started shooting at the people, including the deceased at the junction.

    He said: “I can’t tell how many times he fired but I was hit by a bullet on my leg.

    “Daramola was standing by my side and the bullet also injured him. He ran towards Abeokuta Street while I ran into a nearby mosque.”

    Abubakar also claimed that from his hiding place in the mosque, he saw Fabunmi chasing Daramola and some other persons towards Abeokuta Street.

    The witness, however, admitted that he did not see the DPO shooting Daramola because he was in hiding.

  • Court rules on Babalakin’s applications September 23

    Court rules on Babalakin’s applications September 23

    Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja on Tuesday adjourned ruling on the applications filed by the Chairman of Bi-Courtney Limited, Chief Olawale Babalakin and co-defendants seeking to quash charges preferred against them by the Economic and Financial Crimes Commission (EFCC) till September 23.

    The EFCC had arraigned Babalakin alongside an associate, Alex Okoh for allegedly transferring N4.7 billion on behalf of convicted former Delta State Governor, James Ibori.

    They were charged to court alongside their companies, Stabilini Visioni Limited, Bi-Courtney Limited and Renix Nigeria Limited.

    Justice Onigbanjo told the prosecution and defendants at the resumption of the trial on Tuesday that the ruling on the four separate applications filed by Babalakin and other defendants were not ready.

    Onigbanjo told the two parties that he intend to deliver the ruling on all the applications filed by the defendants on the same day and consequently adjourned the matter.

    Earlier, Babalakin’s counsel, Dr. Abiodun Layonu (SAN), had apologised for his client’s inability to appear in the dock.

    Layonu told the court that his client who was within the court premises has health challenges.

    Babalakin, according to him is on crutches and the development has hindered his ability to move around.

    “It is extremely painful for him to move. At the moment, he is on crutches, My Lord,” Layonu said