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Tag: prosecutor

  • Onnoghen: No allegations of $3m, 55 houses before tribunal – Prosecutor

    Mr. Aliyu Umar (SAN), the lead prosecutor in the trial of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, said yesterday that the Federal Government did not table allegations of undeclared $3million against Onnoghen before the Code of Conduct Tribunal.

    He also said all the six charges against Onnoghen made no references to 55 houses.

    Government, he said, only accused Onnoghen of breaching the Code of Conduct Act with his failure to declare and disclose five Standard Chartered Bank’s Statement of Accounts in his Asset Declaration Form.

    He said the Economic and Financial Crimes Commission (EFCC) wrote a separate petition to the National Judicial Council (NJC) on some accounts and issues on inflows into Onnoghen’s accounts.

    The Nation gathered yesterday that the EFCC had quizzed the driver to the CJN, Mr. Emmanuel Essien as part of its ongoing probe.

    Essien was released after his interrogation by the operatives of the anti-graft commission.

    Umar, who spoke exclusively with our correspondent, said: “There is a lot of falsehood in the public space which I need to correct. The government did not file complaints bordering on $3million and 55 houses against Onnoghen before the Code of Conduct Tribunal.

    “I am aware that the EFCC wrote a separate petition to the NJC on some alleged infractions, including the accumulated $3million in Onnoghen’s accounts but those allegations are not before the CCT. The NJC is handling this matter separately.

    “There is a deliberate attempt to mislead the public by using the proceedings at the tribunal to address the petition before the NJC. They are even alleging that the prosecution could not prove its case. There was a distortion of the proceedings of the tribunal to fit a propaganda focus.

    “The case before the tribunal is just about failure to declare five accounts and alleged violation of the Code of Conduct Act. The same figures being twisted in the public space were the exhibits presented to the tribunal by the prosecution to prove its case against Onnoghen.

    “The Exhibits the government presented to the tribunal were as follows:

    • CCB4o, CCB4p, CCB4q for Onnoghen’s Euro Account No. 93001062686 with NUBAN No. 5001062686 with a balance of $10, 187.18(USD) as at 11th January 2019
    • CCB4r, CCB4s, CCB4t and CCB4u for Onnoghen’s Pound Sterling Account No. 285001062679 with NUBAN No. 5001062679 with a balance of £13, 730.70 as at 11th January 2019
    • CCB4v, CCB4w, CCB4x, CCB4y and CCB4z, CCB4za, CCB4zb, CCB4zc, CCB4zd, CCB4ze, CCB4zf for Onnoghen’s Dollar Account No. 0001062650 with a balance of $63, 832.99 USD as at 11th January 2019.
    • CCB4zg, CCBzh, CCB4zi, CCB4zj and CCB4zk for Onnoghen’s Naira NUBAN Account No. 0001062667 with a balance of N2, 556, 019. 25 as at 11th January 2019.
    • CCB4zl, CCB4zm, CCB4zn, CCB4zo and CCB4zp and CCB4zq, for Onnoghen’s Nigerian Naira NUBAN Account No. 5000162693 with a balance of N12, 852, 580.52 as at 11th January 2019.

    “Any Nigerian is free to apply for a copy of the charges against Onnoghen at the CCT and he or she will know that they were explicit.

    Quoting from “Further affidavit and Better Affidavit before the tribunal, Umar said: “We submit that there are two important reasons to be observed from this case against the defendant.

    “These reasons are as follows:  (1) The complainant no doubt is the body responsible for code of conducts of the public servants in Nigeria. (2) That the depositions and exhibits attached to the further affidavit glaringly show that the allegations of breach of code of conduct against the defendant are strong, cogent and compelling.

    “We submit that by the strength of the allegations of the breach of Code of Conduct Act, the defendant was alleged to have failed to declare and  disclose his five Standard Chartered Bank Statement of Accounts in his Asset Declaration Form of Public Officer Exhibit CCB 3 and Exhibit CCB5 deposed to in paragraphs 5-11 of the Further Affidavit.”

    Umar dismissed allegations that the prosecution chickened out by closing its case when it had no fact.

    He added: “The prosecution also did not close its case abruptly as being insinuated by some commentators. We listed six witnesses including the petitioner, a staff of Standard Chartered Bank and four from the Code of Conduct Bureau.

    “Two staff of the Code of Conduct Bureau testified as PW 1 and PW2 and a staff of the Standard Chartered Bank testified for the prosecution. Those who came for the Code of Conduct Bureau were investigators and at a point during cross-examination, it was the defence which asked one of them that their testimony was likely to be the same.”

    Meanwhile, the EFCC has interrogated a driver of the CJN, Mr. Emmanuel Essien.

    A source said: “As part of our investigation, we interrogated Essien and released him afterwards. We will still need to interact further with him,” a top source added.

    The Coalition of United Political Parties (CUPP) alleged yesterday  that Essien was abducted.

    The coalition, in a statement by its spokesman, Ikenga Imo Ugochinyere, also condemned the interrogation of Essien.

    It said: “The CUPP sees this new offensive against Onnoghen as one too many.

    “We note that the government, having seen from yesterday’s proceedings at the Code of Conduct Tribunal that the trump up charges filed against him may not fly, has resorted to hunting for evidence to further indict him.

    “We reiterate our position that President Muhammadu Buhari is desperate to see Onnoghen resign without any justifiable reasons.”

     

  • ‘Assassination attempt’: Court orders prosecutor to appear with Melaye’s case file

    ‘Assassination attempt’: Court orders prosecutor to appear with Melaye’s case file

    Justice Fola Ajayi of the Kogi State High Court sitting in Lokoja has ordered the prosecutor in the case of assassination attempt on Senator Dino Melaye (Kogi West) to appear with the case file at the next adjournment.

    Justice Ajayi, yesterday at the resumed hearing of the case brought against the Chairman of Ijumu Local Government Area (LGA), Alhaji Taufiq Isa and four others for the alleged assassination attempt, frowned at the continuous absence of the prosecutor, Lough Simon and his team.

    He said he has a limited time to conclude the case, being a criminal case that “requires us starting afresh”.

    He urged the prosecuting counsel to appear physically with the case file at the next hearing before granting an adjournment till March 22.

    The death of the former judge handling the case, Justice Arome Akogwu, last December, cause the reassignment of the case to Justice Atayi.

    Since the reassignment, the prosecution counsel and his team have failed to appear in court for the second time running.

  • ‘SEC director’s murder’:Family queries AGF’s plan to substitute prosecutor

    ‘SEC director’s murder’:Family queries AGF’s plan to substitute prosecutor

    Why would Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) seek to change the prosecuting lawyer in a murder case simply because the defence has expressed discomfort about the way the prosecution was conducting its case?

    This forms the plank of a query raised by relatives of a deceased Director of the Security and Exchange Commission (SEC), Mrs. Louisa Amenaghawon Eni Umukoro, whose widower, Charles Eni Umukoro, is being tried for being behind her death.

    Charles, said to be an ex-Deputy Chairman of Sapele Local Government Area in Delta State, was arraigned before Justice Mary Anne Anenih of the High Court of the Federal Capital territory (FCT), Maitama in May, by the police on a one-count charge of culpable homicide, which was filed in the name of the Inspector General (IG).

    The prosecution alleged that Charles caused the death of his late wife by “hitting her on the head, which caused internal haemorrhage, with the knowledge that her death would be the probable consequence”.

    It produced an autopsy report from the National Hospital, Abuja, which disclosed that the deceased died on April 21, 2016, from “subdural haemorrhage” as a result of two bruises on both sides of her neck.

    The defendant denied the allegation by pleading not guilty, and said the injuries that led to his wife’s death resulted from “domestic accident”.

    The case had proceeded unhindered, with a private lawyer engaged by the IG, Jibrin Okutepa (SAN), prosecuting until November 7, when a lawyer, A.B. Mamman, emerged in the proceedings, claiming to be from the office of the Attorney General of the Federation (AGF).

    Mamman said he had been instructed to take over the prosecution.

    An infuriated Okutepa urged the court to disregard the information from Mamman.

    He said he was perturbed that the AGF decided to take over the case upon a petition by the defence lawyer. He said the defence failed to avail him with a copy of the petition on which the AGF acted.

    The trial judge has adjourned to December 5 to take a position.

    But the deceased’s relatives have expressed surprise at the turn of event and the role the AGF has assumed in the trial of a man accused of murdering their sister.

    Addressing a news conference in Abuja on Friday, the deceased’s senior brother, Nosa Ukponwan, an engineer, said the relatives were worried about the role of the AGF in the case. He accused the defence lawyer of being behind the scheming to frustrate the trial.

    Ukponwan, who said the complainants were comfortable with Okutepa as the prosecuting lawyer, urged the AGF not to lend his office in support of some dubious minds bent on frustrating Charles’ trial in relation to their sister’s death.

    He said: “However, we are encouraged by the person and capacity of the AGF to critically examine the facts of the case. We have no doubt that the AGF will, at the end of the day, direct that Mr. Okutepa (SAN), who is a seasoned prosecutor, proceeds with the prosecution of the matter.”

  • 189 SIM cards retrieved from accused persons, prosecutor tells court

    A prosecutor, Mr. Moruf Animashaun, has told a Lagos court that 189 Subscriber Identity Module (SIM) cards were retrieved from accused persons charged with defrauding a woman of N3.3million through a phone call.

    Animashaun, from the office of the Inspector-General of Police, gave the information while objecting to a bail application of the accused persons at an Igbosere Magistrates’ Court in Lagos.

    In the suit, Samson Owah, 39; Job Akakasi, 26; Benjamin Oghereworo, 42 and Profit Ejimulode, 58, are standing trial on a four-count charge bordering on conspiracy, fraud and stealing.

    They pleaded not guilty and their counsel, Mr. Anayo Agbo, urged the court to grant them bail on liberal terms.

    “What matters in this case is for the accused to provide reliable sureties, who will ensure they appear in court whenever they are needed,” Agbo said.

    Objecting to the application, Animashaun told the court that the accused were tracked before they were arrested.

    “They do not have permanent abode, they move around the country and perpetrate criminal acts.

    “During investigation, 189 SIM cards were retrieved from them. I want the court to refuse them bail,” he said.

    The Magistrate, Mrs. Abimbola Komolafe, however, granted them bail at N500, 000 each, with two sureties each in like sum.

    She said the sureties must be gainfully employed and should show evidence of three years tax payment to the Lagos State government.

    Komolafe said the sureties must live within the court jurisdiction.

    Animashaun had told the court that the accused committed the offences on May 4, at Ecobank PLC, Ikorodu, Lagos.

    He said the accused called the complainant, Patience Denatie, posing as her brother, and told her to send money for a business they spoke about.

    “A total sum of N3.3 million was paid to the accused through a bank account they provided.

    “She (the complainant) had paid in the money before she realised that it was a scam. She reported the matter to the police, who investigated it and arrested the accused,” he said.

    Animashaun said the offences contravened sections 287 (5), 314 and 411 of the Criminal Law of Lagos State, 2015 (Revised).

    The case was adjourned till August 29 for mention.

  • Badoo members docked in Lagos court

    Badoo members docked in Lagos court

    Seven alleged members of the dreaded Badoo cult who have been causing unrest in the Ikorodu area of Lagos State were on Friday brought before an Ebute Meta Magistrates’ Court.

    The accused, Afolabi Kessington (25), Ismaila Shaibu (36), Mutiu Nurudeen (26), Ibrahim Bello (25), Lukman Mohammed (35), Gift Itafa (50) and Sheriff Adewunmi (23).

    The accused faced a four-count charge bordering on conspiracy and belonging to an unlawful society.

    They, however, pleaded innocence of the charges.

    The Prosecutor, ASP Fidelis Dike, said that the accused committed the offences between July 3 and July 5 at Powerline, Agbala area of Ikorodu and also at Irawo Estate, Owode-Onirin in Lagos.

    He said that the accused, who are members of the Badoo cult, had conspired and gathered in the above mentioned areas to have their meeting, which was deemed illegal.

    The offences, according to the prosecutor, contravened Section 42(a) of the Criminal Law of Lagos State, 2015.

    The Magistrate, Mrs Kofo Ariyo, admitted each of the accused to bail in the sum of N200,000 with two sureties in like sum, one of whom must be a blood relation.

    The case has been adjourned until Aug. 9, for mention.

     

  • Dasuki’s absence ploy to delay trial, says prosecutor

    Dasuki’s absence ploy to delay trial, says prosecutor

    THE trial of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), at a High Court of the Federal Capital Territory (FCT) was stalled yesterday due to his absence in court.

    When the matter came up for hearing, prosecution counsel Mr. Oluwaleke Atolagbe told Justice Hussein Baba-Yusuf that the absence of the former NSA was a ploy to delay the trial.

    Dasuki is charged by the Economic and Financial Crimes Commission (EFCC) with a former Minister of State for Finance, Bashir Yuguda; former director of Finance and Administration in the Office of the NSA (ONSA) Shuaibu Salisu; former Sokoto State Governor, Attahiru Bafarawa; his son, Sagir Attahiru; and the company belonging to the former governor, Dalhatu Investment Limited.

    He is also facing a 22-count charge bordering of criminal breach of trust and fraudulent diversion of public fund, totalling N19.4 billion, contrary to Section 215 of Penal Code and Section 17 (b) of the EFCC Act, 2004.

    Atolagbe stated that though yesterday was scheduled for commencement of trial, the prosecution received a letter from the office of the counsel to the former NSA, Ahmed Raji (SAN), requesting an adjournment on the grounds that the second defendant had a case at the Federal High Court, Abuja.

    Atolagbe said: “The situation is most unfortunate. When I contacted the officials of this court, I was told the court is ready. We are ready and it is apparent other counsel are ready too.”

    “This attitude of the second defendant counsel is deliberate. The same set of counsel representing Dasuki took this date with the rest of us together.

    “This is unfair on both the prosecution and other counsels and even my lord. This is a ploy to stall this trial. This should be strongly condemned by my lord.”

    He informed the court some witnesses are in court, but that the case could not hold due to Dasuki’s absence.

    Counsel to other defendants informed the court they received the letter from the second defendant’s counsel when they got to court.

    They agreed the matter could not proceed without Dasuki in court since it was a joint trial. They did not object to the application for adjournment.

    Ruling on the application, the judge stated that he agreed with the submission that the application was a ploy to delay trial.

    “By this type of conduct, the counsel to the second defendant is already tasking the patience of the court,” the judge declared.

    Justice Baba-Yusuf said he had no option than to agree to adjourn the matter due to Dasuki’s absence.

    He adjourned the case till June 29 for hearing.

  • Dasuki’s absence ploy to delay trial, says prosecutor

    Dasuki’s absence ploy to delay trial, says prosecutor

    The trial of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), at a High Court of the Federal Capital Territory (FCT) was stalled yesterday due to his absence in court.

    When the matter came up for hearing, prosecution counsel Mr. Oluwaleke Atolagbe told Justice Hussein Baba-Yusuf that the absence of the former NSA was a ploy to delay the trial.

    Dasuki is charged by the Economic and Financial Crimes Commission (EFCC) with a former Minister of State for Finance, Bashir Yuguda; former director of Finance and Administration in the Office of the NSA (ONSA) Shuaibu Salisu; former Sokoto State Governor, Attahiru Bafarawa; his son, Sagir Attahiru; and the company belonging to the former governor, Dalhatu Investment Limited.

    He is also facing a 22-count charge bordering of criminal breach of trust and fraudulent diversion of public fund, totalling N19.4 billion, contrary to Section 215 of Penal Code and Section 17 (b) of the EFCC Act, 2004.

    Atolagbe stated that though yesterday was scheduled for commencement of trial, the prosecution received a letter from the office of the counsel to the former NSA, Ahmed Raji (SAN), requesting an adjournment on the grounds that the second defendant had a case at the Federal High Court, Abuja.

    Atolagbe said: “The situation is most unfortunate. When I contacted the officials of this court, I was told the court is ready. We are ready and it is apparent other counsel are ready too.”

    “This attitude of the second defendant counsel is deliberate. The same set of counsel representing Dasuki took this date with the rest of us together.

    “This is unfair on both the prosecution and other counsels and even my lord. This is a ploy to stall this trial. This should be strongly condemned by my lord.”

    He informed the court some witnesses are in court, but that the case could not hold due to Dasuki’s absence.

    Counsel to other defendants informed the court they received the letter from the second defendant’s counsel when they got to court.

    They agreed the matter could not proceed without Dasuki in court since it was a joint trial. They did not object to the application for adjournment.

    Ruling on the application, the judge stated that he agreed with the submission that the application was a ploy to delay trial.

    “By this type of conduct, the counsel to the second defendant is already tasking the patience of the court,” the judge declared.

    Justice Baba-Yusuf said he had no option than to agree to adjourn the matter due to Dasuki’s absence.

    He adjourned the case till June 29 for hearing.

  • Man docked for damaging co-tenant’s eyes

    Man docked for damaging co-tenant’s eyes

    A 40-year-old driver, Ikechukwu Offor, who allegedly beat up a co-tenant for not opening the house gate and damaged his eyes, on Monday appeared before an Ikeja Magistrates’ Court.

    A resident of Lagos Street, Agege, Lagos, Offor is being tried for breach of peace and assault.

    According to the prosecutor, Insp. Clement Okuoimose, the accused committed the offences on Feb. 23 at a tenement building.

    He said the accused assaulted a co-tenant, Mr Idowu Onajobi, by beating him and causing damage to both eyes.

    Okuoimose said following an agreement by tenants, the complainant was nominated to be locking the gate at  11.00 p.m. and keep the key.

    “The complainant was nominated by his co-tenants to be locking their gate at 11.00 p.m. as a result of wave of robbery in the area.

    “The accused, who came home late after the gate was locked, started knocking the gate loudly, threatening to destroy it if the gate was not opened for him.

    “When the complainant finally opened the gate, the accused descended on him for the delay.

    “He punched him several times in the eyes and damaged the eyes,” he said.

    He said the complainant was still in the hospital receiving treatment as he could not see clearly.

    The offences contravened Sections 166 and 171 of the Criminal Law of Lagos State, 2015 (Revised).

    The News Agency of Nigeria (NAN) reports that Section 171 prescribes three years imprisonment for assault.

    Offor pleaded innocence of the offences and was granted bail in the sum of N50,000 with one surety in like sum.

    The Magistrate, Mrs Y. O. Ekogbule, adjourned the case until April 17 for mention.

  • Prosecutor stalls Metuh’s application for stay of proceedings

    Prosecutor stalls Metuh’s application for stay of proceedings

    The attempt made by former spokesperson for the Peoples Democratic Party (PDP), Chief Olisa Metuh, to stay proceedings in the matter brought against him before Justice Okon Abang of the Federal High Court has again been stalled.

    At the resumption of the matter yesterday, which was slated for the second defendant (Destra Investments Limited) to move its own application for a stay of proceedings, its counsel Tochukwu Onwugbufor (SAN) told the court that he was just served with the counter filed by the prosecution.

    He sought the court for an adjournment to enable him study it before responding.

    “It will be wrong for me to argue for a document that I do not know about

    “My lord I will be asking for an adjournment in order to reply,” he said.

    Prosecution counsel Sylvanus Tahir apologised to the court for not filing and serving the defendants earlier, stating that it was not intended to overreach the other side.

    “By the time we finished, we were unable to file at the registry because it was late. In view of the fact that they just got served this morning, since it is not a matter on points of law, I would have suggested the matter be stood down,” he said.

    Justice Abang adjourned hearing on the second defendant’s application to March 28.

    Metuh is standing trial alongside his company, Destra Investment Limited, on a seven-count charge of fraud to the tune of N400 million pressed against him by the Economic and Financial Crimes Commission (EFCC).

  • Lagos meat seller faces N259, 000 theft charge

    A 49-year-old meat seller, who allegedly obtained cow meat worth N259,000 from a butcher under false pretences, was on Thursday brought before an Ikeja Magistrates’ Court.

    The accused, Toyin Joshua, a resident of Agege area of Lagos, pleaded not guilty to a two-count charge of false pretences and stealing.

    The Prosecutor, Insp. Mathew Akhaluode told the court that the accused committed the offences sometime in December 2016 at Abattoir Cattle Market, Oko Oba, Agege, a Lagos suburb.

    He alleged that Joshua bought meat worth N259, 000 from the complainant, Garuba Bello, with a promise to pay back after selling the meat, but failed to do so.

    “Joshua, who had no intention of returning the money after selling the meat, converted the money to personal use and started giving excuses.

    “When the complainant got tired of his excuses, he reported the case to the police and Joshua was arrested,” he said.

    The offences contravened Sections 285 and 312 of the Criminal Law of Lagos State, 2011.

    The News Agency of Nigeria (NAN) reports that Section 285 stipulates three years, while Section 312 prescribes  15 years imprisonment for offenders.

    The Magistrate, Mrs Y.R. Pinheiro, in her ruling, granted the accused bail in the sum of N100, 000 with two sureties in like sum.

    She said the sureties must be gainfully employed and also show evidence of three years’ tax payment to the Lagos State Government.

    The magistrate adjourned the case to March 23 for mention.