The Nation Newspaper

Tag: Lagos State High Court

  • N800m land suit: Pastor Adefarasin, church to maintain status quo

    N800m land suit: Pastor Adefarasin, church to maintain status quo

    A Lagos State High Court sitting in Igbosere yesterday renewed its order restraining Paul Adefarasin and his church, House on the Rock, from taking action concerning parcels of land whose ownership is disputed by businessman, Gerald Chukwueke.
    Justice Adebisi Akinlade ordered the parties to maintain the status quo which existed on March 15, 2016, when the defendants were served with the processes in the suit, pending the hearing of an interlocutory application filed by the claimants.

    Chukwueke and four others filed an N800m suit against popular cleric and General Overseer of House on the Rock Church, Adefarasin, for allegedly trespassing on their land in Ikate, Lekki, Lagos.
    The petitioners claimed that the pastor and the church converted some of the land to their church cathedral situated at Lekki Fourth Roundabout, Lagos.
    Justice Akinlade had on March 17, 2016 restrained the defendants, “their servants, agents or privies from demolishing or removing any structure whatsoever, be they temporary or permanent on the claimants’ premises located at plots 15, 16, 17 and 18 located at 188 Ikate, Lekki, Lagos.”
    The court also barred the defendants from commencing any development, construction, building or erecting any structure whether temporary or permanent in any manner whatsoever on the land.
    At the resumed hearing of the matter yesterday, counsel to the  claimants, Moyo Onigbanjo (SAN) told the court that he had served all the defendants with the processes in the matter.
    Onigbanjo also said “the defendants have filed a counter affidavit to our motion on notice and an application to strike out the name of the first defendant has also been filed, which we have responded to.”
    On his part lawyer to the first and second defendants, Gabriel Uduafi, agreed with the position of the claimants’ lawyer but said he would file the statement of defence before the expiration of the 42 days allowed by the law.
    Before the judge adjourned the matter, Onigbanjo urged the court to renew her earlier order restraining the defendants by directing parties to maintain status quo.
    He argued that it would be in the interest of justice for the court to grant his request so that the subject matter could be preserved.
    The application was opposed by Uduafi, who countered that his clients had already taken possession of the land with a valid registered title.
    In a short ruling, Justice Akinlade overruled Uduafi, and ordered parties to maintain status quo pending the hearing of the interlocutory application.
    The suit was adjourned till June 2, 2016 for mention.
    In the suit, Chukwueke, and other claimants: Chinelo Chukwueke, Mrs. Martha Chukwueke, Germaine Logistics Limited & Germaine Auto Centre Limited are seeking the sum of N800 million as damages against Adefarasin and his church for allegedly trespassing on their land located in Lekki area of the state.
    The claimants, who are also seeking the sum of N180 million as solicitor fees, want the court to bar the defendants from further trespassing on the disputed land.
    Other defendants in the suit apart from Pastor Adefarasin are: the Incorporated Trustees of the Rock Foundation, the Registrar of Titles, Lagos State Land Registry and the Attorney-General of Lagos State.
    In the motion on notice, the claimants alleged that Pastor Adefarasin and his church sometimes in January 2016 repeatedly trespassed on their premises.
    They also averred that when their lawyer wrote them over the illegal action, the first and second defendant claimed that they acquired ownership and possession of the property by virtue of a Deed of Assignment registered as No. 98 in volume 2513, executed in their favour by Diamond Bank Plc.
    The claimants also alleged that investigation revealed that the purported acquisition of the property was fraudulent.
    According to them a forged Deed of third Party Legal Mortgage between Diamond Bank Plc and the 4th and 5th claimants was purportedly executed on March 5, 2012 mortgaging the property in favour of the bank.
    The claimants also alleged that the deed was not executed by the directors or any authorised signatory of the 4th and 5th claimants.
    They are therefore seeking a declaration that the Deed of Assignment between Diamond bank and the Incorporated Trustees of the Rock Foundation be declared null, void and of no effect whatsoever.
    The claimants are praying the court for an order directing the Lagos State Government and the Registrar of Titles, Lagos State Land Registry to revoke the Deed of third Party Legal Mortgage between Diamond bank and the Incorporated Trustees of the Rock Foundation.

     

  • Rickey Tarfa knows fate on bid to quash charges April 20

    A Lagos State High Court sitting in Igbosere Monday adjourned till April 20, for ruling on an application to quash the charges filed by the Economic and Financial Crimes Commission (EFCC) against Senior Advocate of Nigeria (SAN), Mr. Rickey Tarfa.

    Tarfa is standing trial before Justice Aishat Opesanwo on a two-count charge of obstructing officers of law from carrying out their official duties and attempting to pervert the course of justice.

    Justice Opesanwo fixed the date after listening to arguments from counsel to the defendant, Mr. A. J. Owonikoko and that of the Economic and Financial Crimes Commission (EFCC), Mr. G. K. Latona.

    At the resumed hearing yesterday, Owonikoko, urged the court to quash the charges, adding that the EFCC had no right to prosecute any general criminal offences outside economic and financial crimes.

    He said that the charges constituted an abuse of court processes and should be quashed.

    He argued that by virtue of Section 286 of the Administration of Criminal Justice Law 2004, the EFCC could not be a complainant, an investigator and at the same time a prosecutor.

    “The filing of this charge is a clear case of abuse of court process, therefore the proper order is to dismiss the charge,” Owonikoko said.

    However, EFCC counsel, Latona, urged the court to disregard the defendant’s submissions.
    The defendant was arraigned by the EFCC on February 16, for allegedly obstructing their officers from carrying out their lawful duties.

    The SAN denied the charges and was granted bail on self recognizance.

    EFCC had told the court that the defendant committed the alleged offences between May 11 and June 25, 2015, also on February 5, 2016, in Lagos.

    It alleged that on February 5, the Tarfa willfully obstructed one Moses Awolusi and one Sanusi Mohammed, who were EFCC officers, from arresting one Gnanhoue Sourou and one Nazaire Odeste.

    EFCC said that the defendant did this “by keeping the said suspects in his car between 11:00 a.m to 4:30 p.m.”

    The prosecutor also alleged that between May 11 and June 25, 2015, the defendant attempted to pervert the course of justice.

    Justice Opesanwo adjourned till April 20 for ruling on the application and for a possible trial.

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

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

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

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

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

    They pleaded not guilty and were granted bail.

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

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

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

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

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

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

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

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

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

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

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

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

  • Defilement: Court to try ExxonMobil staff 

    Defilement: Court to try ExxonMobil staff 

    Justice Adedayo Akintoye of a Lagos State High Court, Igbosere, has been appointed to hear a four-count charge bordering on defilement filed by the police against James Ikenna Onuoha, a staff of oil exploration multinational, ExxonMobil.

    Onuoha was arraigned on January 14 before a Magistrates’ Court in Igbosere, on allegations that he had forcible sexual intercourse with the 14-year-old niece of his tenant.

    The offence allegedly occurred at about 11:30am on January 4, in the teenager’s uncle’s home at Idowu Estate, Ike-Ira Nla, Ajah, Lagos.

    He pleaded not guilty and was granted bail in the sum of N2 million and two sureties in the like sum.
    The case also was referred to the Lagos State Office of the Directorate of Public Prosecution (DPP) for advice.

    At the resumption of the matter before Chief Magistrate Mrs. O. A. Ogunbowale Tuesday, prosecuting Inspector Eshiet Eshiet notified the court of the presence of a senior state counsel, Mr. Jamiu Alako.

    Alako, from the Office of the Public Defender (OPD), announced that the DPP’s advice recommending the defendant for trial was out.

    He added that the case had been transferred to the High Court, Igbosere.

    “My information is that the case has been filed before Justice Adedayo Akintoye at the High Court,” Alako said.

    The defendant’s counsel, Mohammed Adamu, applied for an order barring the office of the DPP from making further public statements on the case which could erode the constitutionally guaranteed presumption of innocence of his client.

    He said: “We apply that the DPP’s office should desist from going to the press.

    “We ask for an order that they should desist from going to the press.

    “Any media house that does that, we’ll take it up from there.”

    Responding, the Magistrate advised him to bring his application before the High Court.

    She requested Mr. Alako to present the court with documents confirming the transfer of the case from the Magistrates’ Court.

    The case was adjourned till April 19.

  • Amen Estate tussle: Court adjourns till Oct. 9

    Amen Estate tussle: Court adjourns till Oct. 9

    A Lagos State High Court, Igbosere, has adjourned till October 9, the legal tussle over the ownership of a large expanse of land on the Ajah-Epe Expressway way, known as Amen Estate.

    A firm, RedBrick Homes International Limited, said to be developing the estate, is back in court seeking to stop the execution of a judgment which was in favour of the claimants.

    But the claimants said since the firm did not appeal against the verdict, it cannot apply to restrain the judgment’s enforcement by injunction.

    Justice Habib Abiru of the court’s Ikeja Division, had on November 3, 2010, declared the claimants the rightful owners and the persons entitled to the statutory right of occupancy in respect of “all that vast area of land” at Iberekodo village in Ibeju-Lekki Local Government Area of Lagos State.

    The court granted the claimants “immediate possession” of the land, and restrained the defendants from entering or developing it.

    The land is said to be in an approximate area of 48.012 hectares, recorded by the government in Official Gazette No. 11, Vol. 30, of May 1 1997 with survey No. MISC 1109.

    RedBrick Homes had appealed a ruling by Justice Olubunmi Femi-Adeniyi of the same court, in which she declined jurisdiction when asked to set aside Justice Abiru’s judgment.

    The estate firm, which bought the land from the defendants, returned before Justice Ibironke Harrison, asking for a stay of execution pending the determination of its appeal.

    During proceedings last week, counsel to the claimants (now respondents), Mr Gbenga Ojo, told the court that he had filed a preliminary objection, in which he is urging the court to strike out the application.

    But another lawyer, Femi Otairu, told the court that he had an application for change of counsel on behalf of the claimants, but Ojo insisted he still held their brief.

    The judge said: “As it is now, representation is an issue. Let’s deal with it.”

    The claimants (respondents) are: Mr Ramoni Seidu, Musefiu Rabiu, Chief Kamoru Sekere, Chief Imam Lateef Eleso, Mukaila Salau, Taiwo Aro, Alugbere Adunaini, Kamilu Agbo, Bashiru Arogungundade and Kehinde Apena. They had sued for themselves and on behalf of Iberekodo Community.

    The defendants are Mr Samsonde Arogundade, Hassan Arogundade, Idowu Arogundade and Oluwadaisi Argundade (for themselves and on behalf of Arogundade Family of Iberekodo).

    Ojo, in the Preliminary Objection, said the since the “final judgment” by Justice Abiru has been executed and warrant of enforcement as well as certificate of enforcement (Forms N and O) issued by the court’s Deputy Sherriff, an injunction cannot be granted to restrain “a completed act.”

    “Having declined jurisdiction to adjudicate on the matter, the court has no jurisdiction to grant the prayers sought or make any other order at all in this matter,” the claimants said.

    Adjourning, Justice Harrison said she would take all applications regarding change of counsel on the next date.

    In its appeal, Redbrick Homes said Justice Femi-Adeniyi erred in law by refusing to assume jurisdiction, and asked for an order allowing the appeal and remitting the case-file back to the lower court for retrial before another judge.