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Tag: Olukoya Ogungbeje

  • Evans’ suit no longer urgent – Judge

    Evans’ suit no longer urgent – Judge

    The Federal High Court in Lagos on Tuesday adjourned the fundamental rights suit filed by suspected kidnapper, Chukwudumeme Onwuamadike, alias Evans, till September 21.

    Through a Lagos lawyer, Mr. Olukoya Ogungbeje, Evans is praying the court to order his unconditional release from detention or to charge him.

    He is claiming N300million as damages for alleged illegal detention and rights violation.

    Justice Chuka Obiozor, who sits as a vacation judge and considers only urgent applications, said Evans’ suit was no longer urgent.

    He said having been arraigned at the Lagos High Court, Ikeja, his suit could be heard when the Federal High Court resumes from its annual long vacation.

    Justice Abdulazeez Anka, who earlier heard the case, had adjourned till August 29 for judgment after parties argued it and adopted their addresses on August 16.

    But, police counsel, Mr. David Igbodo, said a lawyer, Henry Obiazi, who represented the Inspector-General of Police (IGP) and the Nigeria Police did so without authorisation.

    The police prayed the court to set aside all the “purported” arguments made by Obiazi and set aside the ruling delivered by Justice Anka on August 16 in which he adjourned for judgment.

    A day later, Evans and five others were arraigned before Justice Hakeem Oshodi.

    While Evans and two others pleaded guilty to the charges, the remaining defendants pleaded not guilty.

    The prosecution said the defendants between February 14 and April 12 along Obokun Street, Ilupeju, Lagos, armed with guns and other dangerous weapons, captured and detained one Mr. Duru Donatus.

    The defendants allegedly collected a ransom of 223,000 Euros to release Donatus.

    Ogungbeje later issued a statement alleging that Evans was forced to plead guilty.

    “We intend to challenge this unconstitutional procedure of hoodwinking, unduly influencing, brainwashing and coercing an accused into entering a guilty plea against his wish and freewill.

    “Our client (Evans) pointedly told us that having been informed, he will change his ‘police motivated guilty plea’ to ‘not guilty’ at the next adjourned date,” he said.

    Evans trial will begin on October 19.

     

  • Evans was forced to plead guilty, says lawyer 

    Evans was forced to plead guilty, says lawyer 

    The lawyer representing suspected kidnapper Chukwudumeme Onwuamadike (alias Evans), Olukoya Ogungbeje, Wednesday alleged that his client was forced to plead guilty.
    In a statement issued after Evans pleaded guilty at his arraignment, the lawyer said his client would change his plea to not guilty when the case comes up for trial.
    Ogungbeje said Evans was denied access to his lawyers and had no opportunity of being properly advised on what plea to make.
    He said the charge was served on Evans in open court Wddnesday.
    “It must be noted that our client had been in police custody since 10th of June 2017 till date and his lawyer and family members have been denied access to him.
    “His arraignment was brought to our attention through the social media platform. We rushed to court in a bid to confer with our client before the commencement of proceedings but the Police denied us access to him.
    “We sought for adjournment to enable us confer with our client in line with the provisions of Section 36(6) (2) of the Constitution but same was turned down by the court.
    “Moreso, the information/charge sheet was served on us in open court on the same day of arraignment,” he said.
    According to Ogungbeje, his client informed him of his intention to change his plea.
    “After the purported guilty plea of our client and the court rose, our client told us clearly that the police told him to plead guilty failing which the police will kill him.
    “This is definitely unconstitutional and we intend to challenge this unconstitutional procedure of hoodwinking, unduly influencing, brainwashing and coercing an accused into entering a guilty plea against his wish and freewill.
    “Our client pointedly told us that being informed now, he will change his ‘police motivated guilty plea’ to ‘not guilty’ at the next adjourned date.
    “It is settled law that plea of guilty must be made voluntarily and devoid of any influence, coercion and manipulation.
    “We have a responsibility to assist the cause of justice in accordance with the law,” Ogungbeje said.
  • Police detention: Evans knows fate August 29

    Police detention: Evans knows fate August 29

    A Federal High Court in Lagos will on August 29 deliver judgment in a N300million fundamental rights enforcement suit filed by suspected kidnap kingpin, Chukwudumeme Onwuamadike a.k.a. Evans, challenging his continued detention by the police.
    Justice Abdul-Azeez Anka fixed the date on Wednesday after taking arguments from Evans’ lawyer Olukoya Ogungbeje and lawyers for the police.
    The judge dismissed an argument by the police on Tuesday that the suit was not ripe for hearing, as well as the N300,000 punitive costs sought against Ogungbeje for alleged wrongful service, paving way for parties to state their case.
    The Inspector-General of Police (IGP), Nigeria Police Force (NPF), Commissioner of Police (COP) Lagos State and Lagos State Anti-Robbery Squad (SARS) are the first to fourth respondents.
    Counsel for both the IGP and the NPF, Henry Obiazi, urged the court to dismiss the suit for want of merit.
    He said the case had to do with murder, armed robbery and kidnapping, which were all capital offences.
    Citing Section 35 (7) of Constitution, Obiazi argued that Evans’ fundamental rights were not absolute, adding that the ‘billionaire kidnapper’ would soon be arraigned by the Directorate of Public Prosecution (DPP).
    “Though the Constitution guarantees the fundamental rights of every Nigerian citizen, these rights are not absolute, particularly, when they have to do with capital offences. I urge the court to hold that the application is unmeritorious and dismiss it”, Obiazi said.
    In his submissions, lawyer representing the COP and SARS, Emmanuel Eze, argued that Evans had not shown any cause of action against his clients.
    He claimed that Evans was arrested by the Intelligence Response Team (IRT) set up by the IGP and not by any of his clients.
    Eze faulted claims that the applicant was subjected to media trial saying no material fact was placed before the court in that regard.
    According to him, the nature of the offences allegedly committed by Evans were conspiracy, armed robbery, kidnapping and murder.
    Besides, he alleged that prior to his arrest, Evans was involved in many robberies, including series of attacks on bullion vans where many policemen lost their lives.
    “My lord, it is not up to 90 days that the applicant was arrested. Besides, there is an order of the court for his remand. The applicant is an international kidnapper terrorizing states across the country.
    “I urge the court to dismiss this application with punitive costs so as to serve as a deterrent to others who may want to file such frivolous application in the future”, Eze said.
    But, opposing their arguments, Ogungbeje, urged the court to hold that the respondents had run foul of the law by detaining Evans since last June 10.
    He faulted the respondents’ arguments that a suspect suspected of committing a capital offence can be detained without a court’s order.
    According to him, the assertion may be applicable only at the point where the suspect is seeking bail after his arraignment.
    “The proper thing for the respondents to do is to have the applicant arraigned and then inform the court about the capital nature of the offence upon which he may then be remanded in their custody”, he said.
    After listening to parties’ submissions, Justice Anka adjourned till August 29 for judgment.

    In the suit, Evans, through Ogungbeje, is seeking an order directing the police to charge him to court immediately or release him on bail.

    He said his detention since last June 10 without charge was a violation of his fundamental rights enshrined in sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.

    For his alleged unlawful detention, Evans wants the court to award N300m damages against the police in his favour.

  • Police seek N.3m cost against Evans’ lawyer

    Police seek N.3m cost against Evans’ lawyer

    Police on Tuesday asked a Federal High Court in Lagos to compel counsel to suspected kidnap kingpin, Chukwudumeme Onwuamadike a.k.a. Evans, Mr. Olukoya Ogungbeje, to pay a punitive cost of N300,000 for alleged wrongful service.

    Evans, through Ogungbeje, has filed a N300million fundamental rights enforcement suit against the Inspector-General of Police (IGP), alleging wrongful detention.

    Joined as respondents in the suit are the Nigerian Police Force (NPF), Commissioner of Police in Lagos  and the Lagos State Anti-Robbery Squad (SARS) as second, third and fourth respondents respectively.

    The suit was stalled before Justice Abdulaziz Anka at the last hearing on July 20, following Ogungbeje’s failure to comply with a July 13 order to pay the police N20,000 as costs.

    However, at the commencement of proceedings on Tuesday, Ogungbeje informed Justice Anka that the costs were paid on August 10.

    The counsel said he had complied with the court’s order to serve the respondents and that the matter was ripe for hearing.

    But counsel to the police commissioner and SARS, Emmanuel Eze, opposed him.

    Eze, who explained the absence of counsel to the IGP and NPF, argued that Ogungbeje failed to serve them in Abuja as directed by the judge.

    He said: “It is not true that the matter is ripe for hearing. This is a fundamental rights enforcement suit brought by the applicant.

    “He has not got the leave of court for the matter to be heard during vacation. That is the condition precedent to hearing any matter during vacation.”

    Relying on Section 215 of the Constitution and Order 5 Rule 8 of the Fundamental Rights Enforcement Procedure Rules 2009, Eze argued that the Lagos police commissioner and the IGP were distinct personalities.

    Ogungbeje, he stated, had only served the police commissioner at Alagbon in Lagos but had yet to serve the IGP in Abuja.

    He added: “Our submission is that he has not taken steps to clothe this court with jurisdiction to hear this case.”

    “Since Ogungbeje has refused to do the right thing, we are asking the court for costs of N300, 000.”

    But countering him, Ogungbeje maintained that the IGP and NPF were served on June 29 at the addresses contained on the originating motion and the proof of service was in the court’s file.

    Justice Anka adjourned the matter till Wednesday for ruling.

  • Court orders final forfeiture of N13b found in Lagos

    Court orders final forfeiture of N13b found in Lagos

    The Federal High Court in Lagos on Tuesday ordered the final forfeiture of about N13 billion found in Flat 7B, Osborne Towers, Ikoyi, Lagos.

    Justice Muslim Hassan ordered that the money be permanently forfeited to the Federal Government since nobody has claimed its ownership.

    The judge, however, refused to grant the application of the Economic and Financial Crime Commission (EFCC) counsel, I. A. Mohammed, asking the court to award N5million as costs against a lawyer and rights activist, Olukoya Ogungbeje.

    Ogungbeje had filed an application for stay of proceedings pending when Acting President Yemi Osinbajo –led probe panel will submit its report on the matter.

    Justice Hassan said: “By any standard this huge sum of money is not expected to be kept without going through the designated financial institution.

    “Also, nobody has shown cause why the money should not be forfeited to the Federal Government.”

     

  • Ikoyigate: Lawyer wants court to delay execution of forfeiture order

    A Lagos based lawyer, Mr. Olukoya Ogungbeje, has asked the Federal High Court to stay proceedings on the forfeiture of $43,449,947 (about N13billion), N23,218,000 and £27,800 (about N10.6 million) found in a flat in Ikoyi, Lagos.

    He sought an order directing the Economic and Financial Crimes Commission (EFCC) to furnish the court with a report of its preliminary or final investigation on the source of the money, its owner, and how the currencies got into the building.

    He is also praying for an order compelling the EFCC, the Independent Corrupt Practices and other Related Offences Commission (ICPC) and the police to immediately begin a thorough investigation of the cash.

    Justice Muslim Hassan had on April 13 ordered that the money be temporarily forfeited to the Federal Government until the owner shows up.

    He directed the EFCC to advertise the forfeiture order in a newspaper so that anybody who owns the money can claim it within 14 days.

    The federal government on April 19 ordered a full scale investigation on the large sums and constituted a three-man committee comprising Vice-President Yemi Osinbajo, Attorney-General of the Federation and the National Security Adviser to unravel the mystery behind the money within 14 days.

    Ogungbeje, in a motion on notice, is praying for a stay of proceedings pending the outcome of the investigation by the Osinbajo panel.

    According to him, the court should not order a permanent forfeiture of the money since there are claims and counter claims as to its ownership by the Rivers State government and the National Intelligence Agency (NIA).

    He said the EFCC has not produced any report on the sources of the money, owners of the building and how the currencies got there.

    “This honourable court has the inherent jurisdiction under Section 6 (6)(b) of the Constitution to order and direct thorough investigation on the sources of the monies, their owners, the owners of the Osborne Towers where the monies were found and how they got into the building.

    “A thorough and transparent investigation of the funds will strengthen the anti-corruption crusade In Nigeria.

    “Nigerians are interested in the sources, owners of the monies, owners of the building and how the monies got into Osborne Residential apartment,” he said.

    In a supporting affidavit deposed to by Ogungbeje, the lawyer said it would be prejudicial for the court to order the money’s permanent forfeiture to the federal government while investigation was ongoing.

     

  • Court suspends judgment in suit seeking to reinstate Nyako

    Court suspends judgment in suit seeking to reinstate 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.

    Verdict was fixed for Tuesday, but the judge said he would not deliver it yet in the interest of justice.

    The suit, numbered FHC/L/CS/1180/14, was filed by a Lagos-based lawyer, Mr. Olukoya Ogungbeje.

    He is seeking an order compelling the acting governor, Umaru Fintiri, to vacate office with immediate effect.

    The lawyer is also praying the court to order Nyako’s reinstatement

    According to him, the process which led to Nyako’s impeachment was unconstitutional as the ousted governor was not personally served with the impeachment notice by the state’s House of Assembly.

    Fintiri, the Adamawa State House of Assembly, the Chief Judge of Adamawa State, Justice 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 state’s House of Assembly adopted the report of a seven-man investigation panel which indicted him on 16- count charge of gross misconduct.

    Fintiri, who was then Speaker of the House of Assembly, had since been sworn in as the acting governor in Nyako’s place.

    Ogungbeje claimed the Assembly’s alleged failure to serve Nyako personally with the impeachment notice violated his fundamental right to fair hearing as enshrined under Section 36 of the 1999 Constitution.

    After the court heard arguments from parties and judgment date fixed, Fintiri, through his lawyer, Chief Wole Olanipekun (SAN) urged the judge not to deliver the verdict.

    The former Nigerian Bar Association (NBA) president prayed the court to set aside all the proceedings conducted in the suit so far because his clients were not served with the suit in accordance with the law.

    According to him, the court should strike out the entire action since the due process of law was not followed.

    Olanipekun, who is also representing Mammadi and the House of Assembly, argued that the originating processes were not properly served on his clients.