Tag: Lagos State High Court

  • Lagos objects to suit on lottery, gaming regulation

    Lagos objects to suit on lottery, gaming regulation

    Lagos State Government Thursday urged the Federal High Court in Lagos to dismiss a suit challenging its powers to regulate lottery and gaming business.

    It said the court lacked jurisdiction to adjudicate on the issue as it bordered on taxation.

    The state said only the Lagos State High Court has jurisdiction to adjudicate issues relating to taxation of businesses operating in the state.

    Arguing a preliminary objection, state counsel Mr O. K. Akerele said Lagos reserved the right to tax lottery and gaming businesses.

    “The suit as presently constituted is outside the jurisdictional issues my lord can entertain. We urge my lord to strike out the matter,” he said.

    The plaintiff, Mobile Lottery Nigeria Limited, is praying the court to hold that the state lacks powers to regulate lottery operations.

    Its counsel Mark Anata said only the Federal Government through the National Lottery Commission can register and regulate lottery businesses.

    Anata said despite being issued an operating license by the Federal Government through the commission, officials of the Lagos State Government had been obstructing its operations through various demands on the basis of the Lagos State Lottery Law of 2004.

    The plaintiff is, therefore, challenging the state’s powers to enact laws on lottery regulation, adding that such matters are covered by Item 62 (A) of the Exclusive Legislative List of the 1999 Constitution.

    According to Anata, the court has jurisdiction to entertain the suit since it involves a federal agency.

    Replying on points of law, Akerele said state High Courts were not precluded from interpreting constitutional issues.

    Justice Babs Kuewumi adjourned till January 30 next year for ruling.

  • Man ‘hacks neighbour to death’ after generator smoke quarrel

    Man ‘hacks neighbour to death’ after generator smoke quarrel

    A Lagos State High Court in Igbosere has heard how a man, Ibrahim Tijani, allegedly hacked his neighbour to death following a dispute about the fumes from a generating set.

    Tijani, 31, was accused of slashing Bashorun Okanla‎won, 57, in the left hand, leg and waist with a machete in the presence of Okanlawon’s son Adeola.

    He left Okanlawon and went after Adeola who had been begging him to stop. The teenager fled and hid behind a cashew tree.

    When Tijani returned, Okanlawon had bled to death.

    Adeola told Justice Adedayo Akintoye yesterday that the incident followed a fight between his father and the defendant over the fumes from Tijani’s generator.

    The 16-year-old gave his testimony while being led in evidence by Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem.

    According to him, Tijani attacked his father with a machete he picked from a food vendor.

    Tijani, who was arraigned on January 21, 2016, is standing trial on a one-count charge of murder.

    According to Kazeem, the defendant, who along with the deceased lived in an uncompleted building at Okun in Ajah area of Lagos, committed the offence at about 2:20am on February 8, 2015.

    He said the offence is punishable under Section 221 of the Criminal Law of Lagos State 2011.

    Tijani pleaded not guilty.

    During cross-examination by the defendant’s counsel Onome Akpeneye, Adeola, the first prosecution witness, explained that the incident was preceded by a fight.

    He said that night, he and his father were bothered by the fumes which was wafting into their room from Tijani’s small generator.

    The deceased complained to the defendant about the smoke and asked him to reposition the generator but the defendant refused, following which the deceased turned the generator funnel away from his room.

    A fight, which broke out, was settled by neighbours and, afterwards, an Islamic cleric reconciled the duo.

    According to Adeola, it was on their way from the cleric’s home that Tijani attacked the deceased.

    The Investigating Police Officer (IPO) in the case, Sergeant David Abu, also testified as the second prosecution witness.

    He stated that at about 2:13am on the day of the incident, a bleeding Tijani came to report a case of assault at the Agbongon Police Division.

    But, about 10 minutes later, the neighbours brought the lifeless body of the deceased to the station in a tricycle.

    He said “In my investigation review, on February 8, 2015, the defendant and the deceased were living in the same uncompleted building at Okun Ajah. The deceased complained to the defendant to adjust his generator as the smoke from the generator was entering his room.”

    Abu said the deceased complained to the cleric, who owns a block industry, following which the cleric sent for the defendant and reconciled the duo.

    According to him, on their way home from the Alfa’s place, the defendant picked a machete from a food vendor’s place and started chasing the deceased who tripped on a block and fell. The defendant, he added, started cutting the deceased.

    “He cut his left hand, leg and waist. When the son of the deceased, one Adeola Okanlawan, started shouting ‘don’t kill my father,’ he started chasing the boy who hid behind a cashew tree. When the defendant saw that the deceased could no longer move, he picked up a bottle and stabbed himself on the left arm and ran to the Police station to make a report of assualt,” Abu said.”

    Justice Akintoye adjourned till November 1, for continuation of hearing.

     

  • Alleged bribery: Prosecution’s absence stalls Rickey Tarfa’s trial

    Alleged bribery: Prosecution’s absence stalls Rickey Tarfa’s trial

    A Lagos State High Court, Igbosere, Tuesday adjourned till Wednesday for the trial of Chief Rickey Tarfa SAN for alleged bribery and unlawful obstruction of public officers.

    Justice Adedayo Akintoye made the order following the absence of prosecution counsel, Rotimi Oyedepo of Economic and Financial Crimes Commission (EFCC).

    Tarfa is standing trial on a 27-count charge of, among others, age falsification and offering of gratification to a public officer, pressed against him by the anti-graft agency.

    At the last adjournment on February 28, the court rejected Oyedepo’s proposal of trial on three dates, two of which fell on a Good Friday and a Saturday.

    It adjourned till noon Tuesday for continuation of trial.

    But at the commencement of proceedings, Defence counsel Oluyele Delana and Abiodun Owonikoko, both SANs, observed that there was no representation from the EFCC.

    Owonikoko said: “I am taken aback by the prosecution’s absence. No letter was given to the defence to explain their absence.

    “I can confirm that yesterday (Tuesday), I was in court with Mr Oyedepo for another matter and there was nothing to indicate that he would not be in court. Since that time, I have been to Kaduna and back.

    “It is not fair on the defendant.”

    Justice Akintoye noted the agency’s absence and gave Oyedepo till today to explain his absence.

    “I have recorded their absence. So that they don’t waste our time, we have tomorrow to continue and for them to tell us why,” the judge said.

    The EFCC arraigned Tarfa on March 10, 2016 on a 27-count charge which was subsequently amended to 26 counts.

    He was accused of alleged willful obstruction of authorised EFCC officials, refusal to declare assets and giving false information to a public officer.

    The agency also alleged, among others, that the lawyer offered N5.3million gratification to Justice Hyeladzira Nganjiwa of the Federal High Court, Lagos in order to compromise the judge.

    It claimed that Tarfa transferred the money in several tranches to Justice Nganjiwa between June 27, 2012 and December 23, 2014.

    Tarfa pleaded not guilty.

     

     

  • Court judgment on Fanta, Sprite begins investigation – CPC

    Court judgment on Fanta, Sprite begins investigation – CPC

    The Consumer Protection Council (CPC) has launched a detailed investigation into the alleged danger of mixing Fanta or Sprite with Vitamin C.

    CPC’s Director-General, Mrs Dupe Atoki, announced this in Abuja on Thursday.

    “The Consumer Protection Council is keenly interested and extremely concerned about the questions that have arisen from and on account of this judgement.

    “As such, the discoveries therein the CPC is launching a broad and detailed investigation as a matter of urgency.

    ‘’Indeed the judgement only serves as a subject of bringing this information to the CPC’s attention. The council would conduct its own investigation separately.’’

    According to her, the CPC was interested because Fanta, Sprite and Coca Cola are the most widely consumed beverages in Nigeria.

    Atoki said that the investigation was also hinged on the fact that vitamin C was one of the most consumed medications for both children and adults in the country.

    She said that the NBC products and vitamin C were routinely consumed in Nigeria with no restrictions to access and availability.

    According to her, the council would ask key questions such as: “Is Sprite and Fanta at the time of production potentially harmful to consumers when consumed with vitamin C?

    “If yes, what is NBC’s obligation to consumers and has NBC fully discharge the obligation?

    According to her, Pursuant to the CPC Act, the council is interested in discovering what steps NBC took after the testing and confiscation of Fanta and Sprite by the UK authorities.

    Atoki said that CPC had written to NBC to provide certain information to enable it conduct its own investigation on the matter not later than Thursday March 23, 2017.

    She said that it was not the duty of NBC to tell Nigerians that their product was okay for consumption.

    A Lagos state High Court has awarded a N2 million cost against NAFDAC for failing Nigerians by certifying Fanta and Sprite fit for human consumption even after the drinks were declared unfit for human consumption in the UK.

    The court also ordered NAFDAC to direct the NBC Plc to include a warning on the bottles of the product that its content cannot be taken with Vitamin C.

     

  • Cynthia: Court fixes January 12 for final address

    Cynthia: Court fixes January 12 for final address

    The Lagos State High Court in Igbosere has fixed January 12 for adoption of final address in the trial of alleged killers of Miss Cynthia Osokogu.

    The late Osokogu was allegedly murdered on July 22, 2012 at Cosmilla Hotel, Lakeview Estate, Festac Town, Lagos, by her Facebook lover.

    Those charges with the murder are Okwumo Nwabufo (33), Olisaeloka Ezike (23), Orji Osita (33), and Ezike Nonso (25).

    They were arraigned on six counts of conspiracy, murder, stealing, reckless negligence and possession of stolen goods.

    Thursday, Ezike’s lawyer, Mr A. Nwachukwu, sought the court’s leave to file his written address.

    Justice Olabisi Akinlade had on October 27, threatened to foreclose Ezike’s right to file the address.

    She said despite several adjournments, the second defendant failed to file the address on time.

    The lawyer said the delay was due to a change of counsel. The former counsel was unable to file the address within time due to ill-health, he said.

    “The former lawyer handling this case was very ill. I was newly briefed; therefore, I needed time to study the proceedings. There were 10 witnesses in this case which I had to study their testimonies.

    “I seek the leave of this court to regularise my final written address,” Nwachukwu said.

    Prosecution counsel, including Director for Public Prosecutions, Mrs Elizabeth Alakija, did not object to Nwachukwu’s prayers.

    Justice Akinlade granted the prayer “in the interest of justice”.

    She adjourned until January 12 when a date for judgment will be fixed.

  • Four remanded for murder, Iba king’s kidnap

    The Lagos State High Court, Igbosere, Monday remanded in prison custody four men accused of kidnapping the traditional ruler of Iba Town, Oba Goriola Oseni.

    The suspects, Duba Furejo, Ododomo Isaiah, Reuben Anthony and Yerin Fresh were arraigned yesterday before Justice Oluwatoyin Taiwo.

    They are standing trial on an eight-count charge bordering on conspiracy, murder, attempted murder, robbery, armed robbery, felony and kidnapping preferred against them by the Lagos State Government.

    Prosecuting counsel, the Lagos State Attorney-General and Commissioner of Justice, Adeniji Kazeem SAN, told the court that the suspects and others at large conspired to commit the alleged offences on July 16, 2016.

    The offences, he alleged, occurred at the traditional ruler’s palace in Iba Town.

    The suspects were accused of murdering ‎a security guard, Sunday Eniola Okanlawon, and a commercial motorcycle rider, Joseph Okeke.

    The state also alleged that the defendants attempted to murder the monarch’s wife, Olori Abosede Oseni.

    “The defendants, while armed with guns, robbed Abosede of her mobile phone.

    “With intent to commit felony, they conspired ‎with others at large to kidnap Oba Yishau Goriola Oseni at the Oba’s Palace, Iba Town Lagos”, Kazeem said.

    According to the prosecutor the offences were contrary to Sections 230, ‎233, 299, 297 (2) (b) and 411 of the Criminal Law of Lagos State C17, Vol. 3 Laws of Lagos State, 2015.

    The defendants denied the charge in the presence of their counsel Chief Selowei Baidi for the first, second and fourth and Mr. J. O Eguaroje for the third.

    Following the prosecutor’s application that the defendants be remanded in prison custody and for a trial date, Justice ‎Taiwo adjourned till November 4, 11 and 18 for commencement of trial.

    ‎Speaking to newsmen afterwards, Kazeem said: “The swift commencement of the trial of the suspects in the kidnap of the Oniba is a strong signal by the administration of Governor Akinwunmi Ambode that it is not business as usual for criminals. If you commit a crime, we will find you and prosecute you no matter how long it takes.”

  • EFCC to re-arraign two Beninoise for alleged N630m theft

    EFCC to re-arraign two Beninoise for alleged N630m theft

    The Economic and Financial Crimes Commission (EFCC) will on October 31, re-arraign two citizens of the Republic of Benin, Gnanhoe Sourou Nazaire and Senou Modeste Finagnon, at the Lagos State High Court, Igbosere, for an alleged N630 million theft.

    The commission yesterday filed an amended 12-count charge against the Beninoise before Justice Oluwatoyin Taiwo in Lagos, but their re-arraignment was stalled due to the absence of an English to French interpreter.

    The defendants were first arraigned before Justice Taiwo on February 17, on a seven-count charge of forgery, stealing and conversion of N630m belonging to Mrs. Rachidatou Abdou and her company.

    They pleaded not guilty and their lawyer, Rickey Tarfa (SAN), moved the court to strike out the charge on the ground of incompetency. He also argued that the EFCC was prosecuting them without a valid petition.

    But, dismissing his application, Justice Taiwo upheld the contention of prosecuting counsel Rotimi Oyedepo that the Commission received a valid petition from the complainant alleging conspiracy and stealing against the defendants.

    At the resumed hearing of the suit yesterday, EFCC counsel Kayode Oni informed the court of the amended charge and urged the court to allow it to be read to the defendants.

    Defence counsel Tarfa did not object but requested for an interpreter since the defendants spoke only French.

    Justice Taiwo granted his application but the prosecution was unable to provide an interpreter.

    ‘’We cannot proceed without an interpreter. The prosecution needs to expedite action in this case’’, Justice Taiwo added and adjourned till October 31.

  • How ‘doctor’ duped woman of N66.9m – EFCC

    How ‘doctor’ duped woman of N66.9m – EFCC

    Justice Oluwatoyin Ipaye of the Lagos State High Court, Ikeja, has remanded a self-styled doctor, Innocent Chukwu and a woman, Mrs. Obiageli Anachebe, who allegedly defrauded a businesswoman of a total sum of N66,900,000.00.

    Justice Ipaye made the order following the defendants’ not guilty plea and adjourned till October 14, for hearing of their bail applications.

    The Economic and Financial Crimes Commission (EFCC) arraigned Chukwu, alias Dr. Ohamadike, and Anachebe on a five-count charge with No. ID/1332C/2015, bordering on conspiracy to obtain money by false pretences, stealing by fraudulent conversion and concealment of deed.

    It said the defendants, with intent to defraud, obtained N50,000,000.00 from a businesswoman, Mrs. Vivian Amadi, “under the false pretence that they were capable of solving all her problems by spiritual means,” knowing the representation to be false.

    The Commission also alleged that Chukwu dishonestly obtained and concealed title documents of a building situated at No. 4, Nteje Street, New Haven, Enugu, valued at N35, 000,000.00 property of Amadike.

    The anti-graft agency, represented by its counsel, Mr. Kunle Fayanju, said both alleged offences were committed between October and December 2013, in Lagos.

    It added that Chukwu, on or about February 14, 2014, dishonestly converted the sum of N16, 900,000.00 property of Amadike and Pamela Ihediwa of Bluebeam Capital Ltd, Lagos.

    Chukwu, the Commission said, obtained the sum by claiming to have for sale, a United States dollar equivalent of the N16.9m “which representation he knew to be false and dishonest.”

    According to the Commission, the offences contravened Section 8(a) and 1(3) of the Advanced Fee Fraud and Other Related Offences Act No. 14 of 2006 and Sections 285(9)(c) and 288 of the Criminal Law of Lagos State, 2011.

     

  • ‎Man stabbed to death over politician largesse 

    ‎Man stabbed to death over politician largesse 

    A Lagos State High court sitting in Ikeja heard Wednesday how one Taiye Iyanda was allegedly killed by a man named Mustapha Qudus during a fight over a gift of money by a politician.

    A prosecution witness, Police Sergeant Kareem Sikiru told the court presided by Justice Kudirat Jose that it was Qudus who allegedly stabbed the deceased to death with a knife.

    He said the incidence happened on March 25, 2015 along Way Bridge, near Apo Estate in Ajegunle.

    Mustapha, 20, is facing a one count charge of murder brought against him by the Lagos State Government.

    Led in evidence by the prosecution, A. Babatunde, Sikiru who is attached to Ajegunle Police station said, “On March 25, 2015 at about 12:10pm, I was on duty at the station when we got information that a young man was lying at Apo Estate, way bridge, Ajegunle.

    “We went there and met the deceased and I took a photograph and ordered that the corpse to be moved to General Hospital mortuary, Ikorodu.

    “I arrested four suspects Dare Ponmile, 21, Biodun Yinus, 22 and Ahmed Adewumi, 20 and the suspect and I took their statements, before transferring the file to Panti for further investigation,” he said.

    The deceased, according to him, had a deep cut on his back.

    He stated further that in the course of investigation, he learnt that a politician gave them money and in the process of sharing it, they started fighting which led to the death of the deceased.

    “I was not at the scene as at the time it happened and I did not recover any weapon at the scene of the crime. I filled the necessary forms and state CID said it will continue with the investigation,” Sikiru said.

    Another witness who reported the incidence at the Police station, Sumaila Francis, a painter informed the court that a politician gave them money which caused a fight among them.

    He said that it was in the process that the deceased was stabbed.

    He also stated that the incident happened at the back of his house and that was why he summoned courage to report to police.

    Presiding Judge, Justice Kudirat Jose adjourned the matter till October 12 for continuation of trial.

  • NIMASA: N324.5m moved to BDC operator’s accounts – Witness

    The Lagos State High Court, Igbosere, Wednesday heard how a total of N342.5 million was allegedly transferred by a Nigerian Maritime Administration and Safety Agency, (NIMASA) staff into the accounts of a Bureau De Change (BDC) operator.

    The BDC operator, Chima Anyasor, testified Wednesday before Justice Raliat Adebiyi that the N342.5m was paid into two of his companies’ accounts through NIMASA official, Ekene Nwakuche.

    The witness, who was led in evidence by EFCC prosecutor, Mr Rotimi Oyedepo, said the payments were made between February 2015 and June 2015, but from the ‘National Maritime Authority (NMA)’.

    He mentioned the name of his companies as Jeo Bureau de Change, ADA CDA Global Resources Ltd, Caadex Oil and Gas Ltd and a hotel.

    Anyasor gave his testimony during the continuation of trial in the case of the former NIMASA Director-General (D-G) Patrick Akpobolokemi and six others, accused of stealing N754.7 million.

    Akpobolokemi is standing trial on a 13-count charge bordering on stealing alongside Captain Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Vincent Udoye, Captain Olopoenia and a company, Gama Marine Nigeria Ltd.

    Anyasor told the court that he had no contract with NIMASA but was able to receive these monies because he had a relationship with the third defendant, Nwakuche.

    He said that sometime in 2015, Nwakuche approached him and told him that his company (NIMASA) was sourcing for dollars.

    “A few days after my discussion with Nwakuche, he sent an SMS that some money had been paid into my account,” Anyasor stated.

    The witness told the court that on February 27, 2015, he received a total sum of N111.5 million in his account.

    He stated that another sum of N140 million was paid into his account between June 17 and 18, 2015.

    The witness also said that the sum of N91 million was transferred into his account and that on March 3, 2015, he transferred a total sum of N20 million into the second defendant, Captain Ezekiel Agaba’s account.

    “On March 4, 2015, I transferred N10 million into the account of one Blocks and Stones Industry.

    “I transferred these monies from the N91 million and I got the accounts of the second defendant from Nwakuche,” he said.

    During cross examination the witness admitted that he neither knew Akpobolokemi and nor why he was facing trial.

    “I don’t know what the monies which were transferred to my company’s account were meant for.

    “I considered the transaction I engaged in to be a normal course of business.

    “I have been friends with Nwakuche and I consider him trustworthy, that was why I engaged in the transactions with him, and I didn’t consider issuing receipts to him concerning the transactions,” the witness said.

    Justice Adebiyi adjourned the case till June 1 for continuation of trial.