The Nation Newspaper

Tag: trial

  • 14 doctors on trial for medical misconduct

    FOURTEEN medical doctors are expected to appear before the Medical and Dental Practitioners Disciplinary Tribunal for various offences ranging from improper conduct and negligence of duty.

    The tribunal, which started a four-day sitting yesterday, has the status of a High Court. Its judgment can only be appealed before the Court of Appeal.

    The medical doctor to the ailing Governor Danbaba Suntai is one of those to be arraigned at the sixth sitting of the tribunal.

    Dr. Zakari Aliyu, who was also the Chief Medical Director of Taraba State Specialist Hospital, is undergoing trial at the tribunal.

    Dr. Aliyu is facing one count-charge of divulging information regarding the health record of Suntai, which was published by media houses.

    According to the charge sheet, the doctor’s conduct was “contrary to Rule 44 of the Code of Medical Ethics, 2008 edition and punishable under Section 16(1) (a) and (2) of the Medical and Dental Practitioners Act, Cap. M8 Laws of the Federation of Nigeria 2004.”

    Dr. Aliyu, who was absent at the first sitting, in his letter to the tribunal requested that his matter be shifted to a later date.

    He has since relocated to the United State (U.S.).

    Others doctors to appear before the tribunal are Fibian Osuji, Freeman Miri, Sunday Elusoji, Iyiola Joseph, Obafemi Kuye, Mukaila Oyewunmi, Erinfolarin Adebayo, Bolanle Adeyemi Ola, Rasaq Akintunde Akindele and Olaide Festus Bolaji. These doctors will be appearing before the tribunal for the first time.

    But Amos Essien, Asemota Omoruyi Orhi, David Udoh and Adolphus Oraifo have ongoing trials before the tribunal.

    The tribunal chairman, Prof. Jonathan Azubuike, in his opening remark, said the panel would ensure quick dispensation of justice.

    He stressed that “a lot of water has passed under the bridge, and we have been struggling to ensure that cases get judgment.”

    Prof. Azubuike requested that doctors standing trials appear in person.

    Most prosecuting counsel were not on ground at the beginning of hearing, which necessitated the adjournment of some cases till tomorrow.

    One of the doctors, Elusoji, was said to be writing an examination in Lagos, thereby necessitating the adjournment of his trial till tomorrow.

     

  • Army puts Generals, 20 others on trial

    Army puts Generals, 20 others on trial

    AFTER three postponements, the Army has started the court martial of two generals and 20 other officers who allegedly refused to fight Boko Haram.

    Security was tight yesterday at the Officers Mess, 9th Brigade Headquarters, Ikeja Cantonment, venue of the court martial.

    Reporters, who stormed the venue upon getting information about the trial, were not allowed anywhere close to the area.

    The trial started in the morning and as at the time of filing this report (4:30p.m.), proceedings were still ongoing.

    The officers include two Brigadier-Generals, J.O. Komolafe and Ramsome-Kuti; 14 Colonels- A. Laguda, V. Ebhaleme, V.O. Ita, I.B. Maina, I.A Aboi, I.M Kabir, M.H. Abubakar, A. A. Egbejule, N.N. Orok, C.A. Magaji, A.O. Agwu, A.J.S. Gulani, O.O. Obolo and A.M. Adetuyi; one Major – M.M. Idris; five Captains – M. Adamu, O. A. Adenaike, M. Gidado, M.M. Clark and S. Raymond; as well as a Second Lieutenant, S.O. Olowa.

    They are the third batch of Army officers who have been accused of alleged treasonable offences (mutiny).

    The other two batches were condemned to death by firing squad by an Abuja Court Martial.

    It was learnt that Femi Falana (SAN), Tayo Oyetibo (SAN) and another senior lawyer were among the defence team for the officers.

    Falana, who left in the morning after realising his clients, Brigadier-Generals Ramsome-Kuti and Komolafe, were not brought before the panel yesterday, confirmed the court martial has started.

    He said the military authority had assured him that they would inform him when his clients’ case would come up.

    Asked to comment on the charges against the officers, Falana declined on the grounds that his client’s trial has not commenced.

    He said: “The military authority has told the world that they have just taken delivery of military equipment. I feel there is no need to put them on trial. That is why we congratulated them in the successes so far recorded.

    “This confirmed that as at the time they were arrested, there was no weapon to fight. But now that they have weapons, they should release the boys to go and join others to fight.”

    Yesterday’s court martial was the first time senior army officer would be put on trial for such offences as mutiny in the war against terrorists in Northeast.

    Army had in December condemned 54 soldiers after finding them guilty for conspiracy to commit mutiny and mutiny for disobeying direct order from superior officers to go to the battle front.

    The soldiers, however, said they only asked for support equipment before embarking on the operation.

    Their conviction is currently on appeal by their counsel, Falana.

     

  • Court adjourns armed robbery suspect’s trial to Sept. 25

    Court adjourns armed robbery suspect’s trial to Sept. 25

    An Ikeja magistrate court has adjourned the trial of an armed robbery suspect,  Adebola Oladipupo, 20, till September 25.

    The court, presided by Magistrate I.M. Dan Oni, adjourned trial to enable the suspect prepare for his defence.

    Magistrate Oni, who stood in for the substantive magistrate of the court, Oshodi Makanjuola, told the defendant to be prepared  to counter the charges preferred  against him by the police at the adjourned date.

    Oladipupo is facing a three-count charge of conspiracy, illegal possession of fire arms and armed robbery.

    The police alleged that the defendant, on May 31, at T. Junction, Epe, Lagos, conspired to commit felony to wit, obtaining an AK47 rifle and thirty (30) rounds of live ammunition and thereby committing an offence.

    He said the offence is punishable  under Section 1(2)(a) of the armed robbery and firearms (special provision) Act, Cap. 398, Vol.XXII, Laws of the Federation of Nigeria 1990 as amended.

    Prior to the adjournment, Inspector Nurudeen Thomas alleged that the defendant conspired with others at large to obtain an AK47 rifle and 30 rounds of live ammunition from Bethuel Thomas.

    The defendant was also alleged to have stolen an Ak47 rifle being the property of Bethuel Thomas.

    The defendant pleaded not guilty when the three-count charges were read to him.

    The trial magistrate ordered that the defendant be remanded in prison custody till the next date of hearing.

    She adjourned the matter till September 25 for hearing.

  • ‘Corrupt judges should face trial’

    ‘Corrupt judges should face trial’

     Adedotun Habeeb Adetunji is the Chairman of Nigerian Bar Association, Ikorodu Branch. In this interview with JOSEPH JIBUEZE, he expresses his views on how corrupt judges should be treated among other issues.

    A retired Supreme Court justice once said the legal profession is retrogressing. Do you agree with him? And how can the falling standards be halted (both in the bar and bench)?

    Before I became a lawyer, I have been hearing of falling standards in the legal profession. But we should look at this from the broader perspectives and  not just the legal profession , the educational standard in the country has fallen and with it all the other sectors too.

    Tracing the retrogression in the legal profession, one would see that decentralisation of the Nigerian law school was part of it. This is evident when you observe the sorry performance of some of our Lawyers in courts. I mince no words in advocating that law degree should be a second degree course in Nigeria as its obtainable in the United States and United Kingdom.

    Most of our young colleagues these days graduate between the ages of 20-22 years  and I believe they should be encouraged to do their post graduate courses to enhance their deep knowledge of the law and their capacity to face the challenges of the profession. Continuing legal education as a way of halting the falling standard in the legal profession cannot be over emphasized, for me it should now be compulsory for all legal practitioners as obtainable in other climes.

    A lot has been said about slow the process of justice administration/dispensation. How can this problem be solved?

    The caliber of personnel appointed to judicial positions is one of the major problems we have as it relates to the slow process of justice administration/ dispensation. For instance if a legal practitioner is called to the Nigerian bar and hitherto has worked all his years in the banking sector attending to mortgages and debentures, who is eventually appointed to the bench to deal with matters that are not banking related, how do you expect him to perform?

    Obviously, that person lacks the capacity to adjudicate on the various cases that comes to the court. Remember our courts are not that specialised. One judge will do land matter today, tomorrow he will do company matter, another day he will do criminal matter. It is a general court, if you now bring somebody whose only knowledge of law is about mortgages and debentures to handle land matter, how do you expect him to   deliver a sound judgment? That is why there is delay; they keep adjourning the cases because they don’t know what to do or what to write.

    Even at the Court of Appeal, some of those that are being appointed these days are not really       qualified but because of the flaws in the system, they find their way to the court of appeal. The solution lies in putting a square peg in a square hole. The procedure for appointment of judges must be reviewed and overhauled for us overcome this challenge.

    What is your assessment of NJC’s role in judge’s performance, considering that some still exhibit laziness, such as by sitting late?

    The presence of lazy and incompetent judges in the judicial system is a great challenge to it. The NJC that ought to be the regulatory body has largely been found wanting. Till date, the NJC has neither sacked nor penalised judges for laziness or for lack of productivity and as such we continue to experience long delays in the adjudication process. Ditto for incompetent judges; every day we read about horrible judgments being dished out by some of our judges and yet nothing is done by the NJC.

    The best they did was perhaps the suspension of Justice Talba of the pension fund scam fame for just one year. So we find people getting more courageous at being lazy and incompetent because they know they can get away with it.

    There have been calls that judges found guilty of corruption be made to face trial rather than just retiring or dismissing them. Do you buy the idea?

    The principle of presumption of innocence entitled a person to defend himself with everything at his or her disposal including good legal representation. Besides, the best way to deal with corrupt judges is not merely to dismiss or retire them quietly when they are found culpable as NJC presently does, but to subject them to a full criminal trial. If it has been established that a judge is corrupt, he should be tried. That’s the only way the judiciary can operate with moral authority. We must give corruption the real treatment it deserves hence it is my opinion that judges in such situation must face the consequences of their actions.

    The CJN said the corruption in the judiciary is aided by lawyers. Do you think the NBA doing enough to check lawyers’ excesses or is more required?

    Corruption is the greatest challenge we are facing in the judiciary. It is pervasive and threatens the legal profession like the sword of Damocles. The issue of corruption in the judiciary must be tackled headlong if we are to remain relevant in the society. Judges should be made to publicly declare their assets at the time of being sworn in and at the time of retirement or elevation.

    Judges should be made to explain the source of money for the mansion and castles they build while in office. Judges who have less than two years to retire should not feature in election petition cases or appeals. In this way, judges will be cautioned and would to a large extent be able to resist temptations from lawyers who will or may want to tempt them with mouth watering sums as bribe.

    In the same vein, lawyers caught in such act should be made to face disciplinary action at the NBA level even though it is apparent that the NBA as presently  constituted have not gotten enough machineries to monitor lawyer’s activities and /or to check or contain lawyers excesses. The NBA needs to be visible in this regard and be seen to be able to curtail the excesses of lawyers which are quite enormous in the circumstance.

    You were recently elected chairman of NBA, Ikorodu Branch. What should your members expect from you in the next two years?

    Welfare of members is paramount on my mind with special attention to the young lawyer’s forum of the branch. Unity of the branch cannot be compromised and all promises made during electioneering campaign, I shall strive, God willing to fulfill. I promised amongst other things a functional website and wireless internet connection at the secretariat, lawyers estate in ikorodu, reduced membership fees, befitting law week, series of continuing legal education session amongst various others.

    Do you agree that NBA election is long overdue for reform? What aspects of the process would you want changes made?

    I would have loved to see the delegates system of voting abolished as unrealistic as that may be for now. The zoning nonsense in the NBA is one thing I don’t believe in.  I believe it does not produce the best of the candidates. I would love to see a system of electronic voting introduced so that lawyers can vote without necessarily converging at a point and would have avoided the risk involved in transporting oneself to a particular location where the delegates’ conference is to be held.

    Nigeria is still rated high on the corruption index. Is the government losing the war against graft and official sleaze?

    In my view, Nigeria has no clue of how to tackle the monster called corruption. Every day, it rears its ugly head, it lives with us, dine with us.  Only a massive revolution can separate Nigeria from corruption. We have not started the war against it, so we can’t be talking of winning or losing it.

    Some have said President Goodluck Jonathan has failed as far as security is concerned. Do you agree? And are you impressed with his administration’s performance for him to return for a second term?

    Saying the president has failed as far as security is concerned is an understatement. Is it the Chibok girls we’ll talk about, or the Boko Haram that is killing scores of people daily?  All this administration is after is how to perpetuate itself in office, the President has turned crucial national policies into 2015 elections. When it comes to crucial economic decision, the government is clueless, but when it is politics you see the bare fang of the President.

    Please tell us a bit about why you chose law as a profession. Was it by accident?

    Actually, it was not an accident, rather by design. My father, Chief M. A. Adetunji JP,   was the architect of my choosing law as a profession and he, with the help of God, did all he could to ensure that I became a Lawyer. I am proud to be a Lawyer today and I would remain eternally grateful to him and my Creator.

    If you weren’t a lawyer, what would you have been?

    I thank God for putting me on the right path because if I weren’t a Lawyer, I have always wondered what I could have become. Becoming a political scientist is the closest I have ever thought of but I wouldn’t have been so satisfied and contented the way I am today as a lawyer. I think being a lawyer to me is the ultimate.

  • Ebola vaccine trial in September

    Ebola vaccine trial in September

    The United States will launch an early-stage trial in September of an experimental vaccine against Ebola, the deadly viral disease that has killed 729 people in the largest outbreak in history.

    The National Institutes of Health has been developing an Ebola vaccine for several years that has had “encouraging results” in primates, says Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases. Fauci said he’s working with the Food and Drug Administration to fast track the vaccine into a phase 1 clinical trial this fall. This type of trial is the earliest study in humans and aims to make sure that drugs are safe and show some efficacy.

    Results from the study should be available by January, Fauci said. If the vaccine proves safe and effective, Fauci said he expects that it could be given to health workers in affected African countries sometime in 2015.

    “We are starting to discuss some deals with pharmaceutical companies to help scale it up, so on an emergency basis, it might be available in 2015 for health workers who are putting themselves at extreme risk,” Fauci said.

    Ebola, which has a fatality rate of up to 90%, has infected more than 1,300 people in West Africa, including a number of health workers, according to the World Health Organisation.

    There are currently no effective treatments or vaccines for Ebola, which causes fever and headache in early stages but can lead to hemorrhaging, liver failure and kidney failure in later stages. But scientists have been working on four or five preventive vaccines that appear effective, said Thomas Geisbert, a professor at the University of Texas Medical Branch in Galveston.

    The only positive development to come from the epidemic is that it’s attracted long-needed attention from drug makers, Fauci said.

    “We have been working on our own Ebola vaccine, but we never could get any buy-in from the companies,” he said.

    For years, pharmaceutical companies have seen little potential for profit in Ebola, because outbreaks are unpredictable and typically small, Geisbert said.

    “It’s not like cancer or heart disease, or even a prevalent infectious disease like malaria,” he said.

    The Food and Drug Administration has made exceptions to its usually stringent rules for drug development when considering treatments for Ebola and other rare and lethal diseases, Geisbert said.

    Developing effective treatments is promising for Ebola. These include a man-made antibody treatment; a promising Canadian drug from Tekmira Pharmaceuticals shown to protect monkeys from Ebola; and a vaccine that can be used both to prevent infection and also treat it.

    “One of our goals is to start combining these treatments, like we do with AIDS medications,” Geisbert said.

    He said there are a number of obstacles to bringing these drugs to the clinic.

    “It’s a very fast-moving disease, and you often don’t have a lot of time to intervene,” Geisbert said. “If someone has full-blown Ebola hemorrhagic virus, there is no drug on the planet that is going to protect them. But in the monkey model, we do have drugs where, if you have an early stage of infection and an early stage of illness, some of them are pretty successful.”

    Developing effective treatments is growing more important by the day, as the West African outbreak grows. In the past, public health officials were able to get control of Ebola outbreaks by quarantining the small, remote towns and villages where they occurred, he said.

    Quarantining large populations in more densely populated cities, where Ebola is now occurring, is far more difficult, Geisbert said.

    The disease is popping up in so many places at once. That makes it harder to concentrate health experts and specialists in one area. “It’s spreading the experts who know how to manage these things pretty thin,” he said.

     

    •Culled from USA Today

     

  • ‘Improper arraignment renders trial a nullity’

    The Appellant as second defendant along with Sopuruchi Obed were  arraigned before  Justice M. A. Dada of the Lagos State High Court on a two count charge and upon trial, the Court in a considered judgment dated  May 28, 2009 found them guilty for the offence of conspiracy and armed robbery and convicted them to death. The offences were contrary to Section 403(4) and 402 (2) of the Criminal Code Cap (17) Vol. 2 Laws of Lagos State, 2003.

    The facts of the case at the trial Court are that the Appellant along one other, Sopuruchi Obed were charged with Conspiracy and Armed Robbery contrary to Section 403 (A) and 402 (2) (a) of the Criminal Code Cap C17, Vol. 2 Laws of Lagos State, 2003. The Appellant and the said Sopuruchi Obed were alleged to have robbed one Mrs. Praise Lawani of various items on September 30, 2004 at Obele Road, off Maigbon, Lagos while armed with a locally made short gun, a knife and eight cartridges. The two accused persons pleaded not guilty to the second count charge and the matter proceeded to trial. The trial Court upon due consideration found the two defendants guilty. The Appellant dissatisfied with the judgment filed a notice of Appeal of 6 grounds upon which three issues for determination were distilled as follows:

    1. Whether the arraignment of the Appellant was not in compliance with the law and consequently the entire trial at the lower court was a nullity?

    2. Whether non-signing of the record of proceedings of the lower court rendered the proceedings of the day a nullity.

    3. Whether the finding of the learned trial judge that the prosecution proved its case as required by law can be supported by the totality of the evidence adduced before the Court.

    The issues formulated by the Appellant were adopted by the Court for determination in this judgment.

    The Appellant in arguing issue 1 submitted that the arraignment of the appellant was not properly done and the defect had rendered the trial a nullity. He submitted that the law requires that a charge be read and explained to the accused in a language he understands before he can be called upon to take his plea according to Section 24 of Administration of Criminal Justice Law of Lagos State and 36(6)(a) of the 1999 Constitution. Appellant contended that there was nothing in the record of Appeal to show that the charge was read, explained or interpreted to the Appellant before the plea was taken. On this issue he finally submitted that failure to comply with the requirement for a proper arraignment has occasioned a miscarriage of justice and he urged the Court to discharge the accused person as it would be unfair to put the Appellant through a second trial because the case for the prosecution is weak.

    Addressing this issue counsel for the Respondent submitted that Section 215 of the Criminal Procedure Act and Section 36(6) (a) of the 1999 Constitution provides for how a person accused of an offence shall be brought to Court unfettered and the charge to be read over and explained to him in the language he understands to the satisfaction of the Court before his plea can be taken. Counsel contended that the provision was not violated by the Court and the Appellant misconceived what an arraignment is and relied on OGUNYE v. THE STATE (1999) 5 NWLR (Pt. 604) 518 AT 567; (1999) LPELR-2356(SC) where arraignment was explained.

    In deciding this issue, the Court stated that it is the requirement of the law that necessary steps to a valid arraignment are complied with as provided in Section 215 of the Criminal Procedure Act. The Court further stated that such requirements must co-exist and non compliance will warrant an order of a re-trial as the trial will be vitiated and rendered a nullity. The Court held that failure of the trial court to comply with the requirement of Section 215 of the Criminal Procedure Act rendered the arraignment and trial a nullity. The Court cited the case of JOSIAH v. THE STATE (1985) 1 NWLR (Pt. 1) 215; (1985) LPELR-1633(SC) where the Supreme Court observed that the condition laid down in Section 215 of the Criminal Procedure Act must be strictly complied with. The Court held that the deficiency in the record of appeal concerning arraignment is vital and it has vitiated the trial. The trial was held to be a nullity and this issue was resolved in favour of the appellant.

    On issue two, Appellant submitted that by virtue of Section 245 of the Administration of Criminal Justice Law of Lagos State 2007 which is the same as Section 294 (1) of the Criminal Procedure Act, it requires the trial Court to maintain a record of proceedings and the judge must sign the notes for each day. Counsel submitted that this requirement is mandatory and any failure to observe same renders the proceedings of that day null and void. He contended that the additional record were transcribed but were not signed by the trial judge including the proceedings in which the Appellant was arraigned.

    The Respondent’s Counsel submitted that the Appellant’s complaint was about the transcribed record of court duly certified as required by law. That Section 145 and 147 of the Evidence Act also prescribe a presumption of genuineness of a certified document and also that Order 17 Rule (9) (1) (c) of the Rules of the Court allow for the use of transcribed copies of record of proceedings as substitute for Judges Notes. Counsel urged the court to discountenance the argument of the Appellant under this issue and find for the Respondent.

    On this issue, the court held that the portion complained about are the additional record of appeal and these are the transcripts of the proceedings which are certified by the officer duly authorised. The court stated that it is important to note that the portion of the additional record complained about is not directly the note of the trial judge but transcripts from the recording by an officer authorised to do so and it was duly certified. The court held that the complaint of the Appellant lacked merit. This issue was resolved against the Appellant.

    The Appellant in arguing issue three challenged the finding of the trial Court that the prosecution proved its case as required by law. Addressing the issue, Counsel for the Appellant submitted that the prosecution did not prove the allegation according to law. He relied on the case of ALABI v. STATE (1993) 7 NWLR (Pt. 307) 511; (1993) LPELR-397(SC). Counsel submitted that to answer the issue the evidence of the two prosecution witnesses will have to be analysed and when that is done, it can clearly be seen that the evidence was hearsay evidence as both PW1 and PW2 told the Court that Mrs. Praise Lawani told them what they told the court. The said Mrs. Lawani did not testify. The Appellant urged the Court to expunge the hearsay evidence of PW1 and PW2 and to discharge the appellant. Counsel submitted there was no evidence Mrs. Praise Lawani existed. She was not called even when she is a vital witness in proof of whether a robbery actually took place. That in the face of the retracted confessional statement and the Appellant’s alibi which was established, the prosecution failed to prove that a robbery took place. Appellant’s counsel further submitted that there was no clear identification of the Appellant as one of those who participated in the robbery and therefore the Court erred in finding that the Appellant participated in the robbery. And furthermore that the report by Mrs. Lawani was on suspicion since she did not identify anybody on the day the alleged robbery took place.

    Counsel for the Respondent submitted that identification parade is not required where the suspect is caught at the scene of crime or closely connected as in this case. Counsel submitted that prosecution is not bound to call witnesses if it can prove its case by those called, he relied on BELLO SHURUMO v. THE STATE (2010) 19 NWLR 9 (Pt. 1226) 73 AT 94; (2010) LPELR-3069(SC).

    On this issue, the Court stated that the Police man in the station cannot be a witness to a crime which took place in a different location when he was not at that venue except if he is a spirit. The Court stated the settled principle of law that where direct evidence of the commission of a crime is absent, the Court can infer from the facts proved the existence of other facts which logically and conclusively establish the guilt of the accused, the Court cited the case of AKPA v. STATE (2008) 14 NWLR (Pt. 1106) 72; (2008) LPELR-368(SC). The Court held that there is no direct evidence in this case, neither is there circumstantial evidence that can pin the Appellant to the crime without the evidence of a victim on the important aspects of how the offence was carried out.

    On the whole, the Court held that the appeal succeeds. The judgment wherein the conviction and sentence of the appellant by the Lagos High court presided over by HON. JUSTICE M. A DADA and delivered on May 28, 2009 was set aside. The appellant was discharged and acquitted.

     

    Edited by LawPavillion

    LawPavilion Citation: (2014) LPELR-23124(CA)

  • ‘Awaiting Trial inmates our major problem’

    It was moment of excitement for inmates of the Kuje Maximum Prison when they were re-assured that their current situation was temporary. They were encouraged to be hopeful that they could still achieve greatness when they regain their freedom. Those were messages of hope on Easter Monday which will remain indelible in the minds of the inmates who danced to the rhythm of soul-lifting music, even as they participated in other fun-filled activities to commemorate the season. The event was organised by Wazobia FM, a popular radio station in Abuja. Tagged ‘Prison Break’, the event aimed at encouraging the inmates to remain focused while their matters are on in the various law courts. Expressing his worry over the prevailing criminal justice system in the country, the Controller of the Nigeria Prisons Service (NPS), Federal Capital Territory (FCT), Command, Mr. Kasali Yusuf said out of over 640 inmates, about 500 are on the Awaiting Trial list in Kuje Prison, adding that the facility has 16 Condemned Criminals (CC). Yusuf revealed that the high number of inmates on the Awaiting Trial list has been a major concern for the prison management; even as he said efforts are on to ensure their trials are not unnecessarily delayed. He said: “The Chief Judge of the FCT, Justice Bukar Ibrahim has given a matching order to the judges under him to ensure that the issue of awaiting trial is resolved. “Our major challenge here is the number of inmates who are on Awaiting Trial list and who have stayed too long in this prison. The fact that they are in prison does not mean that all hope is lost. Quite a number of them who are in prison are for the benefit of all. And most of them are Awaiting Trial and by the Nigerian law the Awaiting Trial inmates are still innocent until proven guilty by a competent law court. “Being in prison does not indicate that all hope is lost.. Some of the inmates are here as a result of youthful exuberant, association with bad gangs, which consequence they do not know. “Some inmates have spent up to 10 years and above on the Awaiting Trail list. But since the Chief Judge assumed duty, the Criminal Administration Committee meeting has become effective. We have been talking. Two weeks ago, we had a meeting in which we discussed how to improve the criminal justice system in the FCT in such a manner that people who commit criminal offences would not stay unnecessarily too long in prison as Awaiting Trial, especially staying longer than the period they would have stayed if they had been convicted. “The National Human Right Commission was also here to access the Awaiting Trial situation in the prison and they left with some facts which they would work on. As at today, we have over 500 inmates on the Awaiting Trial list out of over 641 inmates. Among this figure are 16 condemned inmates.” A human rights lawyer, Kelvin Nwosu assured the Awaiting Trial inmates that he would work with the FCT to quicken the justice system to guarantee their speedy trial. “Where you are today is temporary and it has expiry date. You can also contribute by quickening the date to expire. Those of you that are on the Awaiting Trial list should keep on praying and working with your lawyers. Tell your lawyer to push your case because some lawyers are also not helping matters. They, sometimes, abandon your case. “By the grace of God the law is changing to enable speedy trial of Awaiting Trial inmates.” Minister of Interior, Comrade Abba Moro also gave hope to those inmates who have lost confidence in the judicial system. Moro, who was represented by one of his Special Assistants said: “The fact that they are locked up here does not mean all hope is lost. There is still something good that can come out of them. We need to show them love in this Easter period, for it is a season of love. We cannot give up on anybody. My advice to the inmates is to change their ways, turn away from evil and embrace Christ. Once they have Christ with them, they will not go into crisis.” The Head Presenter Wazobia FM, Nwokedi Moses popularly known as ‘Big Moor’ said: “What brought about this is the congestion in the Nigerian prisons and how to help in decongesting them. We discovered that when the inmates are released and they do not have any means of livelihood, they will go back into crime and that indirectly takes them back into the prison. Such situation is not good for the society. We decided to start up a campaign tagged ‘Prison Break’ to educate and motivate them to know that they can be champions of freedom.”

  • Ogbulafor’s trial suffers another adjournment

    Ogbulafor’s trial suffers another adjournment

    The trial of Vincent Ogbulafor and two others at FCT High Court has again suffered another adjournment on Tuesday due to the absence of the judge, Justice Ishaq Bello.

    Ogbulafor is standing trial alongside Jude Nwokolo and Emeka Ebilah.

    They are being prosecuted by the Independent Corrupt Practices and other Related Offences  Commission (ICPC) on a 17-count charge bordering on fraud involving N107 million.

    It will be recalled that Ogbulafor’s trial had suffered several adjournments due to the absence of the trial judge.

    The case was adjourned for counsel to address the court, but could not go on as earlier scheduled due to the judge’s national assignment, therefore, gave his consent for an adjournment.

    At the resumed hearing of the case on Tuesday, Mr Salisu Idache, the Court Clerk, informed counsel to the ICPC, Chief Adegboyega Awomolo (SAN), and the defence team that Bello “is still away on his national assignment’’.

    Bello was appointed recently as the Chairman of the Anambra Election Petition Tribunal.

    The News Agency of Nigeria (NAN) reports that April 29 has been given as a new date to the counsel to address the court.

    The ICPC had alleged that while in office as the Minister of State for Special Duties in 2001, Ogbulafor connived with the others to float three fictitious companies with which they perpetrated the alleged fraud.

    They were said to have used Henrichiko Nig. Ltd., DHL Consultants and Chekwas Industries to obtain N82.6 million, N11.5 million and N6.2 million, respectively in 2001, among others.

    Ogbulafor was alleged to have used his position as the head of the National Economic Intelligence Committee to pass several forged documents as genuine.

    The ICPC alleged that he relied on the forged documents to certify that the three fake companies successfully executed jobs worth N104 million.

    The offence contravened the provisions of Section 19 of the Corrupt Practices and other Related Offences Act, 2000.

    If convicted, they face five years in prison without an option of fine.

    However, the accused pleaded not guilty to the charges.

  • Tottenham invite Reuben for trial

    Tottenham invite Reuben for trial

    TOTTENHAM are running the rule over Nigerian midfielder Gabriel Reuben.

    Reuben is a free agent after terminating his contract at Kilmarnock following a series of disputes with the Scottish Premier League club.

    StarSport understands Reuben, 23, has been invited to train with Spurs.

    The 23-year-old helped Nigeria qualify for this summer’s World Cup and is expected to be part of their squad for the tournament in Brazil.

  • 12 under-aged awaiting trial inmates freed

    12 under-aged awaiting trial inmates freed

    Twelve underaged persons, among them, awaiting trials and convicts, serving various jail terms for offences categorised as special and simple offences who recently missed release by the Chief Judge of Lagos State, Justice Ayotunde Phillips, have finally regained their freedom.

    It was gathered that a Special Offences Court in Alausa, Ikeja  granted them freedom and ordered their immediate release from prison custody last Thursday.

    The convicted persons were earlier jailed to various terms of imprisonment ranging from about 390 days and above for violating environmental sanitation laws of the state sometimes between July and September, this year for violating environmental laws of the state.

    Although their matter was allegedly brought before the Chief judge, Justice Ayotunde Phillips, who recently granted pardon to some inmates at the two prisons at Kirikiri and Ikoyi Prisons, the inmates could not benefit from the exercise since their cases were already before the court.

    It was said that only the governor of the state could intervene in their matter and grant them pardon.

    Director of a non-governmental organisation (NGO), Prisoners’ Rights Advocacy Initiative(PRAI), Mr Ahmed Adetola-Kazeem, petitioned the State Attorney-General and Commissioner for Justice, alleging that the convicts were sentenced despite a subsisting directive of Justice Phillips that magistrates of the Special Offences Court should desist from sending convicts to jail.

    The CJ directed such courts to commit those convicted for violation of environmental sanitation law and other simple offences to adopt imposition of fines or community service and that emphasis was on how to fashion ways of decongesting the prisons.

    It was learnt that the directive to the magistrate was also sequel to a petition written to the Attorney-General and Commissioner for Justice by PRAI, alleging the presence of under aged among those convicted by the court and at Badagry prison.

    It was gathered that a team comprising of the officials of the Justice Ministry, particularly the Directorate for Citizens Rights, PRAI, among others, visited Badagry prison on September 19, this year and interviewed about 200 inmates. It was gathered that 10 of the inmates of the  prison were allegedly found to be below 18 years.

    However, at the resumed hearing of their matter last Thursday, it was gathered that the trial magistrate ordered the release of the underaged persons, most of whom had stayed in prison longer than the number of days they have served, if they had been sent for community services as stipulated for lesser offences like violation of environmental sanitation.