Tag: Lawyer

  • The man who called a lawyer ‘idiot’

    By Robert Egbe

    Not everyone finds a dream they lost 16 years ago. But I have.

    I saw her the moment I set foot in courtroom one of ‘that court’ in Lagos, three Thursdays ago.

    She was leaning forward on a seat near the entrance, head bent over documents on the long desk.

    The papers weren’t much, but they held her attention: not even the large smartphone or shiny black bag on the table beside her right hand caught her fancy.

    I hesitated at the door, taking in her spotless golden wig and black gown.

    The lawyer to her right looked my way, adjusted his stiff wing collar, and then away.

    The packed gallery was right behind them, so I made for a free seat three rows away. But I let go of the double doors prematurely and they retracted with a slight whoosh.

    A few heads turned. One of them was hers.

    Our eyes met.

    They met, like they did that day, forever ago, when she spoke those words boys like to hear pretty girls say.

    I approached with a smile. She smiled back, dainty mouth matching the soft brightness of her clear eyes.

    Not everyone finds a dream they lost 16 years ago. But I do.

    This was the third time I would run into her in a Lagos courtroom since last October.

    I bent over her table and we did the “Hey, what’s up?”, and “Hey, how are you?” as we shook hands.

    A registrar came out of the judge’s chambers.

    “Please, settle down,” he said severely to the courtroom.

    The judge was about to sit.

    We parted hurriedly.

    READ ALSO: The old, old man

    I walked through the narrow aisle, passing lawyers and litigants, including two perhaps middle-aged men near the door, on my way to an empty seat on the last row in the gallery.

    His Lordship walked in as I took my seat.

    We rose, bowed and sat again.

    The judge’s docket lightened and the courtroom emptied gradually as litigant after litigant got his day.

    But she kept turning back.

    After the third time, I wondered if she was looking for me.

    A litigant left his window seat, two rows behind her and one row behind the two men. There was a wall socket near the seat. When he didn’t return, I passed behind the men and occupied it.

    One of the men turned. The socket was closer to him than I. He offered to help as I reached for the socket with my phone and charger. I declined, smiling as I plugged it in.

    He looked in his late fifties or early sixties, with a sprinkle of grey on his full head of hair. But as he smiled back, his face crinkled, making him seem older.

    His small, dark, weather beaten frame was inserted in a black Mao suit. There were not many lines on his face, but it had an ascetic air and my eyes hovered over his neck; there was no clerical collar there. He put me in mind of someone who had fought many battles in life.

    The man beside him turned. They were companions. A smile broke out on his face.

    “Ah! Robert! Thank you for coming,” he whispered happily, taking my hand.

    It was….I’m going to call him a ‘Scotsman.’ He was the reason I was in court.

    “Meet …,” the Scot said, turning to his friend. Let’s call his friend XYZ.

    ‘XYZ’ is the Patron Saint of Ireland.

    XYZ’s countenance brightened. He shook my hand enthusiastically, smiling broader this time as he thanked me for coming.

    They were seeking to recover a debt of nearly N1 million each.

    A short while later, they called her matter. But the respondent was unavailable, so, the case was adjourned.

    She packed her things and – without a backward glance – left.

    A man, her client, stood up from behind us. We watched him hurrying after her.

    Soon afterwards, XYZ and the Scotsman stood up and bowed as the registrar mentioned their case.

    Their lawyer summoned the respondent’s witness for cross examination.

    The witness, a dark, stocky man with a loud voice and a belligerent air, swaggered to the witness box.

    It was evident from the get go that he did not care much about the justice of the case: he was simply out to help the respondent win.

    He barely had a straightforward answer to any question. Several times, he cut the claimant’s counsel off aggressively and insisted on speaking even after his own lawyer told him not to

    Once or twice the judge reminded him to keep his shirt on.

    XYZ was getting annoyed. He started whispering to the Scotsman after every question the witness seemed to deflect.

    “Lies,” I heard him say.

    He turned back and whispered conspiratorially to me, “He’s just lying. They don’t want to pay us.”

    But his lawyer, a young, level-headed fellow, was in control. He had a reply for every objection the respondent’s counsel raised.

    He introduced a document and – after it was identified by the witness – asked the court to admit it.

    Promptly, the respondent’s counsel, another sharp fellow, objected.

    “My Lord, this document is not admissible,” he said.

    The judge, a slim, bespectacled man, allowed both counsel to address him.

    In a bench ruling, he dismissed the objection.

    That was when the impossible happened.

    In self righteous relief, XYZ said out loud: “Idiot”.

    There was no moment of silence, but several heads turned around the courtroom.

    If he noticed, XYZ’s lawyer pretended not to. But the respondent’s counsel clearly heard. He turned and looked our way and then at the judge. The judge didn’t seem to be sure of what he heard. He paused briefly as if he was listening to something and then continued addressing both counsel.

    I was alarmed. So was the Scotsman.

    “You’re playing with contempt of court,” I whispered fiercely in his ear.

    But XYZ didn’t care. Their claims were vindicated, he felt, by that ruling.

    The respondent’s counsel kept turning back in our direction.

    I wondered if he thought I was in both men’s camp. I leaned back, slinking down in my seat a little. I would not partake in a contempt proceedings.

    XYZ didn’t mind though. He whispered again and again.

    Soon enough, the witness was discharged and the case was adjourned.

    Before the parties dispersed, the judge addressed them, urging everyone to take things easy.

    “The lawyers are just doing their jobs,. Any of them could represent either of you tomorrow and they would defend you with the same passion which they displayed today,” he told the two men and the witness.

    “Call the next case,” the judge told the registrar.

    As I walked outside to wait for both men, I remembered and looked around, but she wasn’t there.

    Not everyone finds a dream they lost 16 years ago. But I did.

     

  • Lawyer in court for ‘slapping policewoman’

    Lawyer in court for ‘slapping policewoman’

    An Ikorodu Magistrates’ Court, Lagos, Friday resumed the trial of a lawyer, Dayo Abudu, who was accused of slapping a police Sergeant, Serifat Tiamiyu, at the Area N Police Command, Ijede, Ikorodu.

    Dayo, 40, was arraigned on February 2 before Mr R. O. Davies on a four-count charge of assault, obstruction, breach of peace and threat to life.

    According to Prosecuting Inspector Aminu Isaac, the defendant committed the alleged offence on January 20, on a piece of land at Gberigbe Area of Ikorodu.

    Isaac alleged that Abudu assaulted and slapped Tiamiyu while she was performing her lawful duties.

    He said: “The police stopped his clients, Oladipupo Ahmed and Taiwo Adetu from working on a piece of land whose ownership is being investigated by the police.

    “The defendant instead went to the police station to harass the police officers on duty and did not allow his arrested clients to write a statement, thereby causing obstructions.

    “He also sent a text message to one Inspector Yetunde Fasuba, threatening her life if she continues investigations on the matter.”

    The offence contravened Section 174,117(1)(2),168(d)and 57(b) of the Lagos State Criminal Code Laws, 2015.

    Abudu pleaded not guilty.

    His counsel, Ladega Adetayo, protested Abudu’s innocence, saying his client was wrongly charged.

    Magistrate Davies granted Abudu bail on self-recognissance

    At the resumption of proceedings on friday, the magistrate urged both parties to “allow peace to reign.”

    He said: “Laws allow encouraging settlement in this kind of case. If care is not taken, there might be a battle between the Commissioner of Police and Nigerian Bar Association (NBA).”

    The prosecutor agreed with the magistrate but warned that if the defendant refuses to opt for settlement, the matter would be tried.

    READ ALSO: Inside story of Mushin mayhem

     Magistrate Davies adjourned till April 6, for substitution of the charge “without prejudice to settlement.”

    On January 20, Abudu told The Nation that it was the police that assaulted him.

    Abudu said: “Sergeant Serifat held and tore my clothes while the other officers were beating me and dragging me to the Area Commander’s office.

    “Sergeant Moroof Omo-Ikuaye threatened to kill me with charms and he went back into their office, brought out a concealed handkerchief and used same to wipe my face and quickly returned it to his office.

    “I was seriously intimidated, harassed, molested and treated like an armed robber. My Infinix phone was broken, while the screen guard of my Tecno phone was also broken.

    “I was asked to write statement about what happened and a file was opened for that,” Abudu said.

  • Gunmen kidnap lawyer in Ondo

    Gunmen kidnap lawyer in Ondo

    A 40-year-old lawyer in Owo, Olumide Ilegbusi, was yesterday kidnapped by gunmen on Oba-Akoko-Owo road, near Ago-Ajayi village, in Akoko South West Local Government of Ondo State.

    The incident, sources said, occurred when the victim was travelling to Oba-Akoko, his town, to prepare for a funeral.

    The Nation learnt that the lawyer was travelling in a commercial vehicle when the gunmen with AK-47 rifles waylaid them and took two of the passengers inside a bush, while others were robbed, including the driver.

    Confirming the incident, the Oba-Akoko monarch, Oba Nurudeen Adegoroye, said the kidnappers had demanded N2 million ransom.

    He said the road that passed through his domain was notorious for kidnapping, urging the police to provide security.

    The Divisional Police Officer(DPO), Kunle Fabolude, said efforts were on to arrest the culprits.

    The Akoko Area Commander, Razak Rauf, said his men would rescue the victim.

  • Court remands lawyer, two others for ‘N155m fraud’

    Court remands lawyer, two others for ‘N155m fraud’

    AN Ikeja High Court yesterday ordered that a lawyer, Idowu Adebayo Michael, and two others be remanded in Kirikiri prison for an alleged N155million fraud.

    The others are Mukaila Fakos and Rasaq Sefiu Adesina.

    Justice Hakeem Oshodi ordered their remand following their ‘’not guilty plea’’ to an eleven-count charge.

    They are accused of  conspiracy to effect an unlawful purpose, fraudulent disposal of trust property, stealing, obtaining money by false pretence, forgery and uttering of false document.

    The defendants were said to have conspired sometimes in 2009, to “unlawfully effect the sale of a property at 2, Kayode Taiwo Street, Magodo, Lagos, without the consent of the owners, Mr Idowu Musiliu Ololape Balogun and Musbal Nigeria Limited.”

    The police alleged that Adesina and Fakos sold the  property to Michael for N35 million and fraudulently converted the money to their own use.

    Part of the charge reads : ‘’That you  Fakos, Adesina, Michael, Babatunde Smith (at large) and Adigun Smith (at large), sometimes in 2010 in Ikeja conspired to obtain  N120 million from one Lanre Obisesan by false pretence when you know you were not authorised to do so by the true owners.”

    The prosecution also alleged that the defendants obtained N120 million from Obisesan by falsely representing to him that they were authorised to sell a property at 5C Michael Ogun Street, GRA, Ikeja.

    They were further alleged to have forged a document entitled: “Special Resolution of Musbal Nigeria Limited” dated December 8, 2010. “Form CAC 7” and “Consent Letter by Ayoola Fakos” and uttered false document to Guaranty Trust Bank through a staff of the bank to act upon as genuine.

    Following their plea, the prosecutor, Mr Emmanuel Jackson asked the court for a short adjournment and prayed that the defendants be remanded.

    But their counsel, Lawal Pedro (SAN),  told the court that  Michael had filed an application for bail.

    The application will be heard on February 26.

  • Lawyer, two others remanded in prison over N155m fraud

    Lawyer, two others remanded in prison over N155m fraud

    An Ikeja high court has remanded a lawyer, Idowu Adebayo Micheal and two others in Kirikiri Prisons over their alleged involvement in N155million fraud.

    Others remanded in prison on the order of the court are Mukaila Fakos and Rasaq Sefiu Adesina.
    Justice Hakeem Oshodi ordered their remand following their ’not guilty plea’ to an eleven count charge preferred against them by the Police.

    Their offences bordered on conspiracy to effect an unlawful purpose, fraudulent disposal of trust property, stealing, obtaining money by false pretence, forgery and uttering of false document.

    The defendants were said to have conspired sometimes in 2009, to “unlawfully effected sale of a property of No 2, Kayode Taiwo Street, Magodo, Lagos without permission or consent of the owner”.

    The police alleged that Engineer Adesina and Fakos sold the landed property to Barrister Idowu Adebayo Micheal for N35 million and fraudulently converted the money to their own use and benefit.

    Part of the charge read that, “Mukaila Fakos, Engr. Rasak Sefiu Adesina, Barrister Idowu Adebayo Micheal, Babatunde Smith (at large) and Adigun Smith (at large), sometimes in 2010 in Ikeja conspired to obtained the sum of N120 million from one Lanre Obisesan by false pretence when you know you were not authorised to do so by the true owners unlawful sale of Mr Idowu Musiliu Ololape Balogun and Musbal Nig. Ltd’s property to him.”

    The prosecution also alleged that the defendants obtained N120million from Obisesan by falsely representing to him that they were authorised to sell the land property at No 5c Micheal Ogun Street, GRA, Ikeja.

    They were further alleged to have forged a document titled; “Special Resolution of Musbal Nigeria Limited” dated December 8, 2010,  “Form CAC 7” and “Consent Letter by Ayoola Fakos” and uttered false document to Guarantee Trust Bank through a staff of the bank to act upon as genuine.

    After their ‘not guilty plea’, prosecution counsel, Mr Emmanuel Jackson asked the court for short adjournment for trial and prayed the court to remand the defendants.

    However, counsel to the defendants, Lawal Pedro (SAN) in his response told the court that the third defendant, Barrister Micheal, had filed application for bail.

    The trial judge thereafter adjourned hearing of the bail application for the third defendant till February 26, 2018.

    He  ordered the defendants to be remanded in prison custody until next adjourned date.

    Read Also:Lawyer petitions ICPC over FMC Owo contract

  • Lawyer petitions ICPC over FMC Owo contract

    A controversy is trailing a contract awarded at the Federal Medical Centre (FMC) at Owo in Ondo State for the construction of OPD building in the Federal Government-owned institution by its former Chief Medical Director (CMD), Dr O. Omotoso.

    At the centre of the conflict is Chamberline Adiaso of Solid Foundation and Builders Company, who allegedly got the N313,105,301 contract in 2012.

    Adiaso was recently appointed as a board member of Petroleum Equalisation Fund (PEF) in the Ministry of Petroleum Resources.

    An Akure lawyer Idowu Bewaji petitioned the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over the nomination of Adiaso.

    He accused Adiaso of committing a fraudulent act in 2016.

    In the petition, addressed to ICPC chairman, with copies to the Minister of Petroleum Resources and Chairman of PEF, Bewaji said Adiaso was involved in a fraudulent act while handling some contracts awarded to him by the management of FMC in Owo.

    He averred that Adiaso duped one of his clients, Mrs Yemisi Adewole, by obtaining money from her under false pretence to build a house at the FMC in Owo.

    According to him, the contractor (Adiaso) also borrowed N3 million from his client to execute a job he claimed was given to him at the University of Ibadan Teaching Hospital (UCH) for the supply of a life support machine.

    Bewaji said Adiaso eventually issued two DUD cheques to his client and put the woman in “psychological and mental trauma”.

    The lawyer said Mrs Adewole’s creditors had been looking for her because of the indebtedness.

    He regretted that Adiaso had disappeared and police efforts to arrest him proved abortive.

    Bewaji said his client got wind that the FMC in Owo had paid part of the money to Solid Foundation and Builders Company for the job she did, adding that she had not been reimbursed.

    He said Adiaso has several cases, many of which bother on corruption, fraud and false pretence, among others.

    The lawyer said the contractor was arrested by the Edo State Police Command but released, following an agreement he entered into with the police.

    Bewaji said Adiaso failed to honour his pledged to pay since 2016, adding that he had allegedly gone underground.

    The petition reads: “It is surprising to know that Adiaso, who has cases to answer with the ICPC since 2016 and has remained at large, has been nominated by proxy for this juicy position by the Federal Government.

    “In the light of the foregoing, we do appeal to the ICPC to bring to book Adiaso by informing the Ministry of Petroleum Resources and Petroleum Equalisation Fund of his criminal antecedent as he is not eligible for the current recommendation.

    “He should even show up to answer the allegation of fraud levelled against him.”

    Efforts to get Adiaso’s side of the story were unsuccessful last night.

  • Lawyer seeks review of security chiefs’ appointments

    A lawyer, Francis Moneke, has urged the Federal High Court in Abuja to order President Muhammadu Buhari to review the alleged lopsided appointment of security chiefs.

    Through the Human Rights and Empowerment Project (HREP), he sued the President for allegedly not complying with the federal character principle in the appointment of heads of strategic security, intelligence and law enforcement agencies.

    The plaintiff is praying the court to hold that the pattern of the appointments do not reflect the country’s diversity.

    He urged the court to declare that in making appointments into key security and law enforcement positions, the President is obligated to comply with the Constitution by ensuring that as far as possible, all geo-political zones are represented and that no region is patently discriminated against.

    Attorney-General of the Federation (AGF) Abubakar Malami (SAN) is the other defendant.

    The plaintiff’s counsel Mr Ikenna Okoli alleged that Buhari’s appointments “clearly show favouritism and nepotism on the part of the first respondent in favour of the people from the Northern part of the country where he comes from”.

    The plaintiff is seeking an order of perpetual injunction restraining President Buhari or his agents from further acts of discrimination against the entire Southeast geo-political zone in subsequent appointments into security and law enforcement offices and positions.

    He sought an order compelling the President to forthwith change the current skewed structure of top federal security and law enforcement appointees by appointing some candidates from the Southeast into such positions.

    It urged the court to hold that Buhari “has consistently appointed almost entirely only persons from the Northern part of the country into key and top security, intelligence and law enforcement offices and positions in Nigeria and systematically excluded the applicant and other qualified persons from the Southern part.”

    Moneke said the situation shows that anyone from the South, including him, is at a disadvantage with regards to getting any top appointment in any security agency simply for not being a Northerner.

  • Dasuki’s lawyer shuns court’s hearing for Benchers’ meeting

    Dasuki’s lawyer shuns court’s hearing for Benchers’ meeting

    Federal High Court in Abuja has given permission to the Federal Government to conduct its case in the trial of ex-National Security Adviser (NSA), Sambo Dasuki, in the absence of his lawyer.

    Justice Ahmed Mohammed gave the consent yesterday while ruling on an application by prosecution lawyer, Dipo Okpeseyi (SAN), as the former NSA’s counsel, Joseph Daudu (SAN), shunned court hearing for Body of Benchers at the Supreme Court.

    Dasuki is being tried before the court on offences of alleged unlawful possession of firearms and money laundering.

    When the case was called yesterday, Dasuki, dressed in white native attire, stood up from where he sat on the right corner of the court and went into the dock. But, his lawyer was absent.

    An official of the court later drew the judge’s attention to a letter from Dasuki’s lawyer, explaining his absence and seeking an adjournment.

    Daudu wrote the court to explain that he could not attend court because he was attending a meeting of the Body of Benchers at the Supreme Court.

    Okpeseyi, who admitted being copied with the letter, said it was unfortunate that the defence lawyer chose the meeting of Body of Benchers over his client’s liberty and the court’s authority.

    The prosecution lawyer, who agreed to return on the day suggested by Dasuki’s lawyer, prayed the court to allow the prosecution to proceed with its case should the defence lawyer fail again to turn up on the next adjourned date.

    Justice Mohammed agreed with Okpeseyi that the adjournment sought by the defence “will definitely scuttle the trial, because if the court were to refuse the application, the trial would have proceeded in the absence of the defendant’s counsel.

    “The defendant cannot defend himself if the trial is to go on. I am of the view that adjournment should be granted in the interest of justice.

    “It is my hope however that the defence will sit up in this case so that trial will go on unabated.

    “I agree with the prosecution counsel that, if the defence counsel is not present in court on the next adjourned date, or the defence is not ready to proceed on the next date, the prosecution is at liberty to proceed with the trial.”

    Justice Mohammed consequently adjourned to April 9 for continuation of trial.

  • Lawyer urges court to stop military deployment for police duties

    A rights activist, Chief Malcolm Omirhobo, has asked the Federal High Court, Abuja, to declare the deployment of the military in place of the police to maintain law and order as unconstitutional.

    Omirhobo prayed the court to order the military’s withdrawal from the Southeast and Southsouth zones.

    He prayed the court to stop the federal and state governments from deploying the Military to the Southwest, Northcentral, Northwest and the Northeast zones.

    According to him, ending military “occupation” of the said zones and regions would free the indigenous peoples and the public therein “from exploitation, oppression, humiliation, embarrassment, fear, harassment, coercion and intimidation.”

    In a January 8, 2018 fundamental rights suit filed on behalf of 373 ethnic nationalities and 45 pressure groups and agitators in Nigeria, Omirhobo asked the court for 22 reliefs.

    Joined as respondents in the suit are the Federal Government, the President, Attorney-General of the Federation (AGF) National Assembly Senate President, Speaker of the House of Representatives, Inspector-General of Police (IGP), Service Chiefs and the Minister of Defence.

    Others are the 36 state governments, Attorneys-General and Houses of Assembly.

    Omirhobo urged the court to unban the Indigenous People of Biafra (IPOB) and declare it a non-terrorist group.

    Furthermore, Omirhobo prayed for a declaration that the 1999 Constitution “is not a peoples Constitution” and was invalid as a social contract between the Federal Government and the indigenous peoples within Nigeria “on grounds of fraudulent misrepresentation, deceit and undue influence.”

    In another instance, the lawyer urged the court to declare Nigeria as a failing state that requires the enactment of an “autochthonous” constitution created by Nigerians and approved “via a referendum to save Nigeria from disintegrating.”

    He prayed for an order compelling the IGP to take charge of the enforcement and maintenance of law and order in Nigeria particularly the Southeast, Southsouth Zones and the Niger Delta region.

    Omirhobo urged the court to compel the president “to train, equip and adequately fund the Nigeria Police to enable her perform her primary and statutory responsibilities” in the country.

    He is also seeking a perpetual injunction restraining the respondents, “from exploiting, oppressing and discriminating against the Southeast, SouthSouth Zones and the Niger Delta Region.

    The lawyer formulated 12 grounds upon which the reliefs were sought, including the “gross misrepresentation and distortion of the agitation of IPOB for the self-determination of the indigenous peoples within the Southeast.

    According to him, the 1999 constitution “is an invalid social contract on the grounds of fraudulent misrepresentation, deceit and undue influence.”

    No date has been fixed for hearing of the suit.

  • Lawyer escapes from kidnappers in Aba

    Lawyer escapes from kidnappers in Aba

    An Aba-based lawyer, identified as Reginald, miraculously escaped unhurt from kidnappers at the weekend.

    Reginald, who is also the choir master of St. Dominic’s Catholic Church, Federal Housing Estate, Ogbor Hill, was abducted as he returned home after choir practice.

    Four gunmen surrounded his car and ordered him into their own vehicle before taking off.

    He was said to have begged his captors not to blindfold him, and so they bundled him into trunk.

    As they headed for their hideout, Reginald opened the trunk from inside and held it until the driver slowed down; he jumped down without his kidnappers’ knowledge.

    He then ran to safety until he got to a village about 1am and after explaining his ordeal, the villagers took him in.

    He was said to have reunited with his family and recuperating at an undisclosed hospital.

    Police spokesman Geoffrey Ogbonna was yet to react to the story as at last night.