Tag: Okon Abang

  • Court suspends judgment on Nyako

    Court suspends judgment on Nyako

    Justice Okon Abang of the Federal High Court in Lagos has suspended judgment in a suit seeking to reinstate impeached Adamawa State Governor Murtala Nyako.

    The verdict was fixed for yesterday, but the judge said he would not deliver it yet in the interest of justice.

    The suit was filed by a Lagos lawyer, Mr. Olukoya Ogungbeje.

    Ogunbeje urged the court to compel the Acting Governor, Ahmadu Fintiri, to vacate office and reinstate Nyako.

    He said the process that led to Nyako’s impeachment was unconstitutional because the ousted governor was not served with the impeachment notice by the House of Assembly.

    Fintiri; the House of Assembly; Adamawa Chief Judge Ambrose Mammadi; Chairman of the Impeachment Panel Buba Kajama; the Independent National Electoral Commission (INEC) and the Inspector-General of Police are the respondents.

    Nyako was impeached on July 15 after the House of Assembly adopted the report of a seven-man investigation panel, which indicted him of gross misconduct.

    Fintiri, who was then speaker of the House of Assembly, was sworn in as the acting governor.

     

     

     

  • Court denies alleged police killers, pipeline vandals bail

    Court denies alleged police killers, pipeline vandals bail

    The Federal High Court in Lagos yesterday dismissed the bail applications filed by 20 persons who were accused of killing nince policemen and vandalising pipeline at Arepo, Ogun State on May 24.

    Justice Okon Abang said the severity of the offence means they can not be granted bail.

    “On account of the severity of punishment if found guilty, it is my view that it is not safe to admit the accused persons to bail.

    “I have my doubt that if granted bail, the accused persons would appear in court and attend trial nothwithstanding their innocence until proven guilty.

    “I am not inclined to exercise my discretion in their favour by admitting them to bail,” the judge held.

    Justice Abang added that although the accused persons were regarded as  innocent until proven guilty, the court could not take a decision that would negatively affect trial.

    The 20 accused persons were arraigned on August 7 on 14-count charges bordering on conspiracy, pipeline vandalism, oil theft and unlawful killings.

    They pleaded not guilty to the offences.

    They are Felix Yayu, Ijoufaya, Yakubu Ebiwei, Augustine Ebiwei, Tamara Dembofa, Owei Atile, Agbara Tiewei, Rufus Godwin, Tiery Koiyetin and Ebis Sobijoh.

    Others are Ibori Lawrence, Eberebu Ibori, Atinuke Odewale, Fatai Ishola, Ahmed Bashorun, Odewale Waheed, Susan Viana,  Tuesday Filatei, Yeiyah Yellow and Ismail Abdullahi.

    The police alleged that they were behind the May 24 illegal oil bunkering operation at Arepo that led to the killing of the nine police officers.

    The diseased police officers are an Assistant Superintendent of Police (ASP) Abdullahi Bature; Inspectors Raymond Oriere, Usman Mohammed, Tijani Jimoh, Oguntihemen Kolawole; Corporals Elogbamen Timothy, Yakubu Aliyu, Usman Abdukarim and Dauda Mohammed.

    The alleged offences contravene sections 3(6), 4(a), 7 (a) (b), 17 (a) of the Miscellanous Offences Act Cap M17 and Section 319 of the Criminal Code, Laws of the Federation, 2004.

    In their applications, the accused persons through their lawyers had urged the court to admit them to bail on liberal terms.

    Some of them said they had been in the prison custody for between 60 and 90 days, adding that they were innocent of the allegations levelled against them.

    Others argued that they were randomly arrested at various locations different from the crime scene and that when the police conducted a search of their houses, nothing incriminating or linking them to the alleged crimes was found.

    But in its counter affidavit, the police urged the court not to grant the bail applications, saying it was not in the interest of justice.

    According to the prosecution, the accused persons were found in possession of items such as pump action guns, locally made rifles, military uniform, military camouflage and some petroleum products.

    The prosecution also argued that there was adequate medical facilities in the prisons custody enough to cater to the health needs of the accused who are currently remanded at the Ikoyi prisons.

    While rejecting the applications for bail, Justice Abang ordered the prison authorities to avail the accused persons unrestricted medical care including access to hospital outside the prisons if need be.

    The judge added that the prisons authorities would be responsible for such medical bills.

    The case was adjourned till today for trial.

     

  • Court denies alleged police killers, pipeline vandals bail

    Court denies alleged police killers, pipeline vandals bail

    The Federal High Court in Lagos yesterday dismissed the bail applications filed by 20 persons who were accused of killing nince policemen and vandalising pipeline at Arepo, Ogun State on May 24.

    Justice Okon Abang said the severity of the offence means they can not be granted bail.

    “On account of the severity of punishment if found guilty, it is my view that it is not safe to admit the accused persons to bail.

    “I have my doubt that if granted bail, the accused persons would appear in court and attend trial nothwithstanding their innocence until proven guilty.

    “I am not inclined to exercise my discretion in their favour by admitting them to bail,” the judge held.

    Justice Abang added that although the accused persons were regarded as  innocent until proven guilty, the court could not take a decision that would negatively affect trial.

    The 20 accused persons were arraigned on August 7 on 14-count charges bordering on conspiracy, pipeline vandalism, oil theft and unlawful killings.

    They pleaded not guilty to the offences.

    They are Felix Yayu, Ijoufaya, Yakubu Ebiwei, Augustine Ebiwei, Tamara Dembofa, Owei Atile, Agbara Tiewei, Rufus Godwin, Tiery Koiyetin and Ebis Sobijoh.

    Others are Ibori Lawrence, Eberebu Ibori, Atinuke Odewale, Fatai Ishola, Ahmed Bashorun, Odewale Waheed, Susan Viana,  Tuesday Filatei, Yeiyah Yellow and Ismail Abdullahi.

    The police alleged that they were behind the May 24 illegal oil bunkering operation at Arepo that led to the killing of the nine police officers.

    The diseased police officers are an Assistant Superintendent of Police (ASP) Abdullahi Bature; Inspectors Raymond Oriere, Usman Mohammed, Tijani Jimoh, Oguntihemen Kolawole; Corporals Elogbamen Timothy, Yakubu Aliyu, Usman Abdukarim and Dauda Mohammed.

    The alleged offences contravene sections 3(6), 4(a), 7 (a) (b), 17 (a) of the Miscellanous Offences Act Cap M17 and Section 319 of the Criminal Code, Laws of the Federation, 2004.

    In their applications, the accused persons through their lawyers had urged the court to admit them to bail on liberal terms.

    Some of them said they had been in the prison custody for between 60 and 90 days, adding that they were innocent of the allegations levelled against them.

    Others argued that they were randomly arrested at various locations different from the crime scene and that when the police conducted a search of their houses, nothing incriminating or linking them to the alleged crimes was found.

    But in its counter affidavit, the police urged the court not to grant the bail applications, saying it was not in the interest of justice.

    According to the prosecution, the accused persons were found in possession of items such as pump action guns, locally made rifles, military uniform, military camouflage and some petroleum products.

    The prosecution also argued that there was adequate medical facilities in the prisons custody enough to cater to the health needs of the accused who are currently remanded at the Ikoyi prisons.

    While rejecting the applications for bail, Justice Abang ordered the prison authorities to avail the accused persons unrestricted medical care including access to hospital outside the prisons if need be.

    The judge added that the prisons authorities would be responsible for such medical bills.

    The case was adjourned till today for trial.

     

  • Appeal overrules N7 billion judgment against NIMASA

    Appeal overrules N7 billion judgment against NIMASA

    An Appeal Court in Lagos has upturned a N7 billion judgment delivered against Nigerian Maritime Administration and Safety Agency (NIMASA) by Justice Okon Abang of a Federal High Court.

    Justice Abang, in a suit filed against NIMASA by Henmor Nigeria Limited, ordered the agency to pay N7 billion to the plaintiff for arresting and detaining its cargo vessel, M.T. AGBOMIEN.

    Dissatisfied by the verdict of the lower court, NIMASA through its lawyers, Louis Mbanefo (SAN), Adegboyega Awomolo (SAN) and Dr. Fabian Ajogwu (SAN), appealed Justice Abang’s decision.

    The respondent (Henmor Nigeria Limited) through its counsel, Kola Awodein (SAN) filed their brief urging the appellate court to dismiss NIMASA’s appeal.

    But in a unanimous judgment delivered on Friday by Justice Chinwe Iyizoba, the appellate court ordered the return of the judgment sum to NIMASA.

    The court held that there were no credible evidence upon which judgment was entered in favour of the respondent at the trial court. It aligned itself with the appellant’s arguments that the detained vessel was unseaworthy going by the provisions of the Merchant Shipping Act, therefore, was justifiably detained.

    “On the claim of $7,000 per day as cost of hiring the vessel, the documents of the charter ought to have been pleaded and tendered to prove the item of loss, but this was not done.

    “Also, as regards the $25 million claimed by the respondents as the estimated value of the vessel M.T. AGBOMIEN, the basis of arriving at that figure was not placed before the court to enable it determine if that was a fair and credible estimate before awarding same.