The Nation Newspaper

Tag: State High Court

  • Breaking: Three condemned to death in Bayelsa for kidnapping 

    A State High Court sitting in Yenagoa, Bayelsa State, has sentenced three accused persons to death either by firing squad or hanging for their complicity in the kidnapping of Mr Duncan Eke.

    The victim was abducted at Igbedi community, Kolokuma/Opokuma local government area of the state.

    Eke, retired manager of Exxon Mobil was kidnapped on January 24, 2016 when gunmen stormed the Anglican Church at Igebdi community.

    The kidnappers also shot the presiding priest Revd Ezekiel Obata before whisking away their target.

    A ransom of about N20m was paid for the release of Eke, but the police were arrested three suspects Austine Nimite, Dengiyefa Doupere and Korinnake Mark for aiding the crime while while another suspect Dakolo Jackson fled.

    The three accused persons were  charged  on two count of conspiracy punishable under section 5(1) of the kidnapping and Allied Offences  Law Bayelsa state, 2013 and kidnapping punishable under section 2 of the Kidnapping and Allied Offences Law, Bayelsa state, 2013

    Justice Ineikade Eradiri of the Kaiama judicial division who was first assigned the case by the Chief Judge refused to conduct the proceedings on the grounds of his relationship with Eke.

    But the matter was transfered to Justice Nayai Aganaba.

    The prosecution team produced four witnesses in court including the victim, Eke who told the Judge how he was blindfolded and kept in the kidnappers den for 21 days.

    He said he was released after he paid advanced ransom of N10m and full payment of N20m when he rejoined his family.

    Justice Aganaba in his judgement found the accused guilty for aiding and abetting the kidnap of Eke and sentenced them to death either by firing squad or death by hanging.

    Read Also: Police arrest 19 kidnapping, robbery suspects

  • Obaseki swears-in two Edo High Court justices 

    Edo State Governor, Mr. Godwin Obaseki has sworn-in Mrs. Orobosa Omotoso and Mr. Terry Momodu as Justices of the State High Court.

     

    At the swear-in ceremony held in Government House, Benin City, Obaseki said he remains committed to strengthening the judicial system to ensure the delivery of justice and sustenance of the democratic system in the state.

     

    He said “Without an effective judicial system, it will be impossible to sustain the democratic system. In Edo State, we are proud of the reputation of the judiciary as a separate arm of government, which is independent of other arms and has continued to discharge its duties with integrity and fairness.”

     

    “We will continue to celebrate the fact that despite the allegations made against judges in other parts of the country, the judiciary in Edo State has remained scandal-free and continues to enjoy well-deserved respect,” he added.

     

    The governor expressed optimism that the newly inducted Judges will put in their best towards building on the legacy of their predecessors.

     

    In her remarks, Justice Omotoso expressed appreciation to the state governor for the effort of his administration to repositioning the judicial system in the state.

     

    She pledged commitment to discharge her duties as a justice in the state High Court without fear or favour and in line with global best practice.

     

    Justices Omotoso and Momodu were called to the bar in 1989 and 1991 respectively.

    Read Also: Obaseki unveils plan to facilitate steady power supply

  • Court order Shell, directors to appear before Bayelsa tribunal

    Court order Shell, directors to appear before Bayelsa tribunal

    The State High Court sitting in Yenagoa, Bayelsa State has mandated the Shell Petroleum Development Company (SPDC) to appear before the Physical Planning Tribunal established by the state government.

    SPDC earlier refused to put up an appearance before the tribunal and through its lawyer, Dafe Akpedeye (SAN), obtained an interim order from the state High Court stopping the invitation pending the determination of its application.

    The application challenged the jurisdiction of the tribunal arguing that it had no powers to invite the company.

    The Physical Planning Tribunal was set up in pursuant to the Physical Planning law enacted by the state House of Assembly to deal with issues of town planning, urban and regional planning and payment of levies.

    The state dragged the company to the tribunal following allegations that it violated the law by erecting structures and carrying out some development without requisite permission.

    The state argued that SPDC erred in law by refusing to put an appearance at the tribunal first before challenging its jurisdiction.

    In his ruling, Justice Young Ogola of the state High Court relied on a precedent set by the Court of Appeal which said any party summoned by the court must first appear before raising an objection.

    Ogola upheld the position of the state and compelled the company and its directors to personally appear before the tribunal.

  • Court condemns killer of Bayelsa electoral commission’s scribe to death

    Court condemns killer of Bayelsa electoral commission’s scribe to death

    The State High Court 2 sitting in Yenagoa, Bayelsa State, Monday, sentenced one of the killers of the Executive Secretary of the Bayelsa State Independent Electoral Commission (BYSIEC), Chief Simeon Akpane, to death.

    The court convicted Kurotimi Clarkson, 27, an only son, for being a member of the three-man gang that shot and killed Akpane in 2014.

    In her judgement, Justice Margaret Akpomiemien said the prosecution team from the Office of the Special Prosecutor on Violent Crimes and other Related Offences, led by Arthur Andrew, established beyond every reasonable doubts that Clarkson committed the offence.

    The judge concluded that the plea of alibi by the convict was unattainable because the prosecution proved that Clarkson, a father of two, was present at the crime scene when the victim was killed on the 10th of October 2014.

    The judge said that the International Mobile Equipment Identity (IMEI) of the mobile phone snatched from the deceased through which the convict was traced, were exactly the same.

    Only Clarkson was convicted out of the three suspects while Freedom Allen, who reportedly pulled the trigger, escaped from the federal prisons in Okaka, Yenagoa.

    The judge agreed with the testimony of the deceased wife, who heard the voice of her husband on the fateful day arguing with his assailants only to come out to see the victim shot by the assailants.

    Recalling the particulars of the case, the judge said that the runaway Allen approached the convict, his friend, and complained about the hardship in the land.

    They moved on a tricycle from Biogbolo through Otiotio, where they saw the vehicle of the victim, followed him to his house, before shooting him at close range during an argument.

    According to the judge investigations showed that the culprits were traced through the stolen phone which was sold to one Mallam Ibrahim Abubakar for N5, 000.

    The judge said: “I have carefully examined the evidence and exhibits. The prosecution has established it’s case. The prosecution has proved that the action of the accused caused the death of the deceased.

    “I have carefully considered the fact that he is a first offender. But the court lacks discretion in this case. The sentence of this court is that you be hanged until you be dead. May the lord have mercy on your soul”.

    The 48-year-old Akpane, an indigene of Ofoni in Sagbama council area of the state, was shot in the head at close range on October 10, at about 8p.m., in front of his residence at Bethel Church Close, Otiotio Road, Yenezue-Gene, Yenagoa.

    Allen, who escaped from custody, according to the Department of State Services (DSS) which first investigated the matter at the time, shot the BSIEC scribe while he was struggling with the other attackers.