Tag: witness

  • Delta Gov Tribunal: PDP closes case, fails to call any witness

    Delta Gov Tribunal: PDP closes case, fails to call any witness

    It was drama at the Delta State governorship tribunal sitting in Asaba yesterday when, against the heightened expectations of further legal fireworks, the 2nd respondent; People’s Democratic Party (PDP), ?announced the closure of its defence without calling any witness.

    The All Progressive Congress (APC) and its gubernatorial candidate, Olorogun O’tega Emerhor, are challenging Okowa’s victory at the poll at governorship election petition tribunal.

    The tribunal had adjourned on Wednesday to allow the PDP commence its defense on Friday by calling it’s witnesses, having filed over 50 witnesses’ statements on oath.

    Okowa, the 1st respondent, had on Wednesday closed his defense without calling any further witnesses, having called only three out of over 20 witnesses he had earlier proposed.

    At the resumed sitting today, counsel to the PDP, Chief T.A Kehinde SAN, shocked the tribunal when he announced he will not be calling any witnesses, but will be relying on the witnesses already called by the first respondent and his earlier cross examination of the petitioner’s witnesses, adding that he chose to close his case on the basis of that.

  • Ejigbo three: Witness’ absence stalls suspects’ trial

    Trial of 10 persons accused of abusing three women in Ejigbo, Lagos, two years ago, was stalled yesterday because of the absence of a witness.

    Justice Oluwatoyin Ipaye of the Ikeja High Court was told that the prosecution witness (PW) was held up in traffic by a downpour.

    Prosecuting state counsel Bola Akinsete said the witness left Port Novo, Republic of Benin for Lagos but could not make it to court because of the “heavy rainfall”.

    She said the witness would arrive in Lagos yesterday and would be accommodated.

    The prosecutor prayed Justice Ipaye to adjourn the matter till today, saying the witness would be in court to testify.

    Responding, Olukoyede Ademiluyi, holding the brief of Tunji Busari, counsel to the second and third defendants, did not oppose the request, but pointed out that the prosecution should have taken steps to ensure that the witness was in court.

    “This is a case that must be tried expeditiously and not one to beý dragged”, he said noting that it was the second time the prosecution was asking for adjournment since the trial started in March.

    Citing the Evidence Act, he said: “Where the prosecution is unprepared or a witness is unprepared to make himself available, the court can discountenance such a witness and proceed with other witnesses”.

    Ademiluyi urged the court to go on with other witnesses pointing out that it appeared the prosecution was not ready to go oný with the matter.

    Lagos State preferred charges against Ahmed Adisa , Isiaka Waidi, Saheed Adisa, Lateef Tijani, Oloruntoyin Dauda, Adekunle Adenuga, Azeez Akinosun, Jimoh Busari, Buhari Yusuf, and Abdullahi Harun a for their involvement in the torture and molestation of Mrs Ajoke Agomo and her daughters.

    They are accused of conspiracy, attempted murder, sexual assault, malicious administering of poison, obtaining money by false pretences and deprivation of liberty.

    Justice Ipaye adjourned the matter till today and tomorrow.

     

     

  • Witness to elections in Nigeria

    The first election I witnessed as a small boy in  this country was in 1956. I was in form one in Christ School in Ado-Ekiti . Ordinarily I should not have been interested but for the fact that Chief Joseph Oduola Osuntokun, my brother was running for the House of Assembly in Ibadan . He had been a member of the House since  1951 and in 1955 he was appointed Minister of Works in the old Western Region which stretched from Lagos to present Delta and parts of Bayelsa states. To be a minister of such a huge region that was almost autonomous of the centre in those days was not a  small job. I also had special interest in the election because after the death of our father, Chief Osuntokun as Dawodu stepped into the shoes of our father and that included paying my school fees. I was not quite conscious of the Election in 1951 which sent him to the Western House in the first instance. What he later told me as an enquiring academic was that it was not based on universal adult suffrage but  on divisional electoral colleges throughout the region. The political parties were organizationally inchoate. What our people did was to choose three or four graduates or professional people all over the regions. This is why the first crop of politicians were top class educated people in full employment while politics was  seen as vocations.  A reading of the Hansard of the period either in the regions or at the centre will confirm the quality of their minds. My brother became Minister of Finance in 1956 at the age of 32. Subsequent elections in 1959 to the federal parliament and in 1960 to the Western House were fought on highly debated and well articulated manifestos. The elections were well fought and well run and conducted. We usually sat by the radio throughout the night as election results trickled in. Western regional elections were usually keenly fought between the Action Group, the ruling party and the NCNC, the party in opposition. Even the much more keenly fought 1959 federal election provided a lot of drama with Chief Obafemi Awolowo taking on the forces of the NPC (jamiyar mutanen arewa) or Northern People’s Congress and those of its coalition partner the NCNC.  These two parties were led respectively by the aristocratic Sir Ahmadu Bello, scion of the Usman dan Fodiye dynasty in Sokoto and Dr. Nnamdi Azikiwe,  a cosmopolitan Igbo republican.

    Elections to a reasonable extent were conducted with finesse and solid planning. Awolowo’s party represented the best face of serious planning and perhaps because of this and the rather more prosperous condition of his region, the other two leaders treated him with suspicion. In spite of official British partisanship, elections even on the eve of independence still continued to be a civilized operation.

    It was not until the Action Group crisis of 1961-1962 that things changed for the worst simply because the coalition government at the centre used the opportunity to fish in troubled waters. Instead of responding to minority demands all over the country for creation of states, the Western Region was singled out for the purpose of weakening it when the Mid-West region was created out of it in 1963. The much louder demands in the North for a Middle-Belt state and Calabar/Ogoja/Rivers state were ignored. Through meddling in the affairs of the West, the Action Group party was manoeuvred out of power. This was the prelude to the Western election of 1965 which was flagrantly rigged by the Akintola’s government. The federal elections of a year earlier had suffered the same fate. The Western election of 1965 was therefore seen as a do or die affair by the two rival alliances of UPGA (United People’s Grand Alliance) and the NNA (Nigerian National Alliance) formed respectively around the NCNC and the NPC with the old two factions of the now destroyed Action Group lining behind their major partners. Attempt to resolve the national question centring on the division of spoils of office by the election failed. Following campaigns of incendiary nature in Tiv-land in the North and farmers revolt in the West, young army officers who had been watching the events and whose members were being increasingly used to put down rebellion decided to intervene and change the government. The coup d’état of 1966 did not quite succeed but it decapitated the leadership of the NNA leaving the leadership of the other party unscathed. The much internationally respected Prime Minister Sir Abubakar was brutally killed. Worst still, the top hierarchy of the officer corps from the West and the North was eliminated. Reaction swiftly followed six months later. These events eventually led to a fratricidal civil war the aftermath of which is still with us till today.

    After years of military rule we transited to democratic rule and surprisingly enough, it was like we did not learn any lesson from our history. The parties of the First Republic came back with different names with their leadership intact and unchanged except for the northern leadership which had had to make an adjustment following the loss of Sir Ahmadu Bello and Sir Abubakar

    This Second Republic collapsed under the weight of corruption of the ruling party the NPN. The military rode back on the wave of public disenchantment and brought draconian decrees to teach the ruling class one or two things about the need for discipline. Muhammadu Buhari was the popular face of the new junta which was supported by the vast majority of Nigeria’s suffering masses. The regime promptly said it was a continuation of the Obasanjo/Muhammad popular regime of the 1970s. If there had been a referendum the regime would have won by landslide. This writer dislikes non-democratic forms of government but my observation is a record of history. The government made things difficult for all politicians without discrimination. It even made Nigerians proud when it tried to bring home in a crate from London, the boastful and garrulous Umaru Dikko who publicly challenged the government.  The regime deliberately stepped on many toes without looking inwards for fifth columnists among its hierarchy. When the free sealing and free dealing Badamasi Babangida  struck in 1985, it was good bye to discipline and Nigerians went back to their pastime  of cutting corners and general and generalized irresponsibility  which the new regime allowed to fester in order to remain in power for as long as possible. The regime began a costly transition regime that was programmed to fail. It however tried to create two political parties, one a little to the right and another a little to the left! But when these two parties took on character and life of their own and produced a winner in Moshood Abiola in the best election in independent Nigeria, Babangida moved to truncate the process. We finally ended with the thieving regime of Sani Abacha who confused outright looting of the national treasury with governance. The damage this man did to Nigeria remains to be assessed.

    Since 1999 we as a country have soldiered on as best as we can holding elections that were adjudged fraudulent and lacking in integrity  not only by the international community but by Umaru Yar’Adua one of the beneficiaries.

    We are now on the eve of an election that may decide the future of Nigeria. In spite of the negative campaigns, I believe we can hold a reasonably credible election if we can trust INEC and allow it to conduct a free and fair election. If the election is openly fair and transparent, everyone will abide by the result. I am not pessimistic at all about what will happen after the results are in on February 15. There is so much to lose that I believe politicians who are leading us to the edge of a precipice will make a round about turn at the last moment

  • Witness, EFCC disagree on threat to life

    Witness, EFCC disagree on threat to life

    Witness of the Economic and Financial Crimes Commission (EFCC), Kehinde Akinmolayan, has denied the commission’s claim that his life is under threat.

    Akinmolayan, who was said to be the star witness in a N1.1 billion fuel subsidy fraud charge brought by the commission against two oil marketers, Opeyemi Ajuyah and Abdullahi Alao, testified before Justice Lateefat Okunnu.

    Akinmolayan, a former Terminal Manager of Lister Jetty, Apapa, was  summoned to testify in the trial.

    EFCC Counsel, Mr Rotimi Oyedepo had told the court that Akimolayan, an engineer,  refused to honour invitations to give evidence.

    Oyedepo claimed that the witness alleged that some persons were after his life and that someone attempted to gain entrance into his residence.

    He said the witness refused to show in spite of assurances made to him to protect his life.

    Oyedepo then prayed the court to issue a summons on the witness.

    Justice Okunnu had granted his request.

    But at the resumed trial, Akinmolayan  denied that his life was under threat contrary to the EFCC’s claims.

    The witness, under cross-examination by defense lawyers, Mr Olarenwaju Ajanaku and Mr Aderemi Oguntoye,  said his life was not threatened.

    “I have not been attacked, but I am conscious of my security,” he added.

    The marketers, Ajuyah and Alao are being prosecuted with their firms, Majope Investment Limited and Axenergy Limited and a banker, Olanrewaju Olalusi.  They,  however, denied the charge.

    Akinmolayan confirmed to the court that  he supervised the alleged transaction between January 20 and  22, 2011.  “The vessel, MT Brave came to our jetty and we attended to it. We discharged 4,264 metric tonnes into the tank farm and the balance was taken away,” he said.

    Akinmolayan,  however, denied signing any of the documents relating to the said transaction because as he only played a supervisory role.

    Justice Okunnu adjourned till November 10.

  • How Ombatse killed my seven-year-old son, by witness

    The Commission of Enquiry probing the killing of security personnel in Nasarawa State was yesterday told how members of the Ombatse group allegedly killed a seven-year-old boy.

    A witness, who was called by the Miyetti Allah Kautal Hore Socio-Cultural Association, Alhaji Sule Mohammed Lawal, spoke on the incident when he was led in evidence by the association’s counsel, Abubakar Abubakar Dogara.

    Lawal said the attack took place around 1am in January at his home at Ruwan Doma in Kokona Local Government Area of Nasarawa State.

    The 40-year-old witness said he passed out after receiving severe machete cuts on his head, hands, legs and back, allegedly from Ombatse members.

    Lawal, who spoke through the panel’s interpreter, said he regained consciousness in the hospital at Keffi the next day.

    He said only one of his three sons and his wives escaped the attack while the other received machete cuts.

    The herdsman said 45 of his cows were also killed by the invaders.

    Lawal said: “I was lying down inside my house in Ruwan Doma at Bassa in Agwada Development Area when a boy raised my mosquito net around 1am. The boy’s name is Maye; he is from the Eggon tribe. I asked him: ‘Why are you here at this time?’ He ran away.

    “I recognised Maye because I was not asleep when he raised my sleeping mosquito net. I then stood up and ran towards my cows. When I got there, I saw people killing my cows with machetes. I ran back to the house and woke my wives and told them to run for their safety.

    “I then took my three male children on my motorcycle and attempted to move but Maye and the other boys stopped me.

    “Then I asked Maye: ‘Are you with them too?’ They started cutting me with their machetes and I fell down. They cut my head, hands, legs and all over my body.

    “One of my children, Salihu, was killed on the spot. He was seven years old. His brother, Saleh, who is 10 years old, was also cut in several places.”

    The witness became overwhelmed with emotions inside the witness box as he presented Saleh to the commission for identification.

    Both Lawal and Saleh removed their clothes and showed their scars to the panel members.

    Saleh had a deep horizontal scar on his right cheek and his right hand was twisted.

    Besides Lawal, other people at the panel shed tears.

    Lawal added: “I was taken to a hospital in Keffi, where I regained consciousness the next day.

    “It was my neighbours from Bassa who buried my son. I did not see his body. My wives and one of my sons escaped the attack. I also lost 45 cows to the attackers.”

    Another witness, Saleh Wakili, told the panel yesterday how the Ombatse group allegedly arrested and killed five of his cousins.

    Wakili, a Fulani herdsman, said: “They first arrested my cousin and tied him to the tree. Later, they arrested four of my cousins. When they came towards me, I drew my machete. They cleared the way for me, and I ran away.

    “When an Inspector of Police from Barkin Abdullahi (BAD) police outpost accompanied me to the spot of the incident, we saw that they had slaughtered my cousins, moved the bodies into the bush and covered them with straws and grasses.

    “We brought the bodies to the Specialist Hospital in Lafia. They were later released to us for burial.”

    Governor Tanko al-Makura constituted the panel following the killing of over 50 policemen and operatives of the State Security Service (SSS) in an ambush allegedly by members of the Ombatse Group in Lakyo village, on May 7.

  • How couple defrauded firm of N20 million to buy a house, by witness

    A Lagos High Court, Ikeja was yesterday told how a couple who are directors of a Lagos-based company, Clarion Bonded Terminal Limited allegedly defrauded the company of N20 million.

    The Economic and Financial Crimes Commission (EFCC) charged the couple, Innocent and Bernadine Eloka alongside Francis Okocha before the court presided by Justice Adeniyi Onigbanjo.

    They were charged on a two-count charge of conspiracy and stealing of N239,999, 349.23 belonging to the company.

    The Chairman, Clarion Bonded Terminal Limited, Mr Jude Igbanugo told the court that the couple took advantage of their positions as Managing Director, and Chief Operating Officer and as signatories to the company’s bank account to perpetrate the fraud.

    Igbanugo said the couple owned 42 percent share in the company, which was established in 2008.

    He alleged that the N20 million taken from the company was paid to Mr. Andy Ajukwu for the purchase of a house.

    Igbanugo, who was led in evidence by EFCC’s counsel Francis Usani, told the court that apart from the Elokas, himself and his wife were signatories to the company’s account with the Spring Bank Plc.

    According to him, the mandate given to the bank was that once any of the Elokas signed, it covered the couple.

    The witness also told the court that the Elokas allegedly took money from the company’s account while he and his wife were away to the village for the burial of his father in December 2010.

    The witness said because of past experience, he and his wife had signed 20 blank cheques for the Elokas to use in their absence in running the company.

    He said the action of the couple was contrary to the decision of the company to buy a house for them, using a mortgage loan secured from Spring Bank.

    He said this arrangement was in addition to N9 million already given to the couple for the house they were living in.

    “So, I was really troubled when I heard that Mr and Mrs Eloka still signed cheques to pay Ajuku N20 million,” he said.

    He said when he got back to Lagos, after the burial, the witness said he immediately wrote a letter to all directors of the company informing them about the action of the couple.

    He said Mr Eloka apologised and said he was under pressure from the owner of the house.

    The witness is expected to continue his testimony today.

     

  • Ex-Minister’s, others’ trial: Witness tells court how funds were paid to ‘wrong contractor’

    Ex-Minister’s, others’ trial: Witness tells court how funds were paid to ‘wrong contractor’

    A prosecution witness in the trial of former Works Minister Hassan Lawal and seven others yesterday revealed how funds meant for government’s project were paid to a company that was not a party to the deal.

    The witness, a Deputy Superintendent of Police and an operative of the Economic and Financial Crimes Commission (EFCC), Chike Nwibe told a Federal High Court that a party to the contract for the building of a bridge on River Benue, Sirag Nigeria Limited allegedly paid N147million to Proman Vital Ventures Limited.

    “The 8th defendant (Wise Health Services Limited) is not a party to the concession contract and was not found to have performed any contract job for the N147million that was paid to it,” Nwibe, the first prosecution witness, said.

    Nwibe was cross-examined by two defence lawyers, Ibrahim Ishiaku, SAN (for Lawal) and Wahab Toye (for the second accused, Adeogba Godwin Ademola) at the resumed hearing of the case before Justice Adamu Bello of the Federal High Court, Abuja.

    Lawal, Ademola and five companies are being tried for their alleged complicity in the fraud uncovered in the N75.7billion contract for the building of Benue River bridge named: Buto Bagama Bridge, while the minister was in office. It was to be built to link Nasarawa to Kogi states.

    The companies are Digital Toll Company Limited, Swede Control Interlink Limited,Proman Vital Ventures Limited, Siraj Nigeria Limited and Wise Health Services Limited (WHSL).

    “We could not find any reason why Siraj paid N147million to the 8th accused. However, in the course of investigation, the second accused (Ademola) claimed he borrowed money to Digital Toll Company Limited (GTCL), a company that he was the Chief Executive Officer. But there was no document to support this claim,” the witness said.

    He told the court that Ademola was the alter ego of both Siraj and WHSL), being the MD\CEO of one and owner of the other. Nwibe said the relationship between Ademola and WHSL, in relation to the contract was that N147million was paid to the company from a contract awarded by him.

    On whether the N6billion released for the job was before Lawal became minister in 2009, he said no, because payment of about N3billion was made in 2009.

    When asked how the EFCC got to know about the case, he said it was through the complaint made by the Federal Government, Nasarawa and Kogi states about the way the contractors were executing the project.

    He said he did not know if a petition was written to his agency, but that the directive to investigate the project was given by the then commissions’ chairman, who constituted an investigative team, in which he was a member.

    Nwibe told the court that when his investigation team visited the project site, no work was done. He said the saw evidence of works done, but could not quantify it because the team was not accumpanied by an Estate Valuer.

    He said the total initial release of N6billion was paid in tranches, adding that only N3billion was released once.

    Justice Bello has adjourned the case to May 27 for continuation of trial.

  • Oil marketer paid for fuel not imported, witness tells court

    A Lagos High Court, Ikeja heard yesterday that an oil marketer, Rowaye Jubril, did not import the petroleum products for which he obtained subsidy payment.

    A prosecution witness, Mr. Lawal Ahmed, said this at the court presided over by Justice Lateefa Okunnu in the ongoing trial of the oil marketer over allegations of N963.7 million subsidy fraud.

    Jubril and his company, Brila Energy Ltd, were accused by the Economic and Financial Crimes Commission (EFCC) of being culpable in a N963.7 million subsidy fraud.

    The matter was adjourned till April 8 for continuation of trial.

     

  • Lagos to witness 275 rainy days, says NIMET

    Lagos to witness 275 rainy days, says NIMET

    The Nigerian Meteorological Agency (NIMET) has predicted 275 rainy days in Lagos.

    As a result of NIMET’s prediction, Lagos State Commissioner for the Environment Tunji Bello has warned Lagosians, who live on wetlands along the flood plain areas and near the lagoon, to relocate to safer areas.

    The seasonal rainfall, Bello said, would commence in Lagos between the first and second week of March and would end on or before December 17.

    On the measures to reduce the incidence of flooding, the commissioner said drainage channels would be cleaned and expanded.

    He said the state is collaborating with neighbouring states, such as Osun and Ogun to mitigate flooding.

    He said: “Very little can be achieved without the collaborative efforts of Lagosians. I have said repeatedly that global occurrences around the world now point out to one single fact, which is that no nation can promise a ‘flood-free’ environment any longer. Even the most industrialised countries in the world can no longer promise a flood-free society. However, what we can promise is reduction of floods to the barest minimum in the state. We in the Ministry of the Environment are ready to increase the capacity of our drains and canals to allow free and discharge of storm water.”

    The commissioner warned Lagosians to desist from dumping of sewages on drainage paths, constructing illegal structures on drainage alignments, road setbacks.

     

  • Documents used for fuel subsidy ‘fraud’ were verified, says EFCC’s witness

    Documents used for fuel subsidy ‘fraud’ were verified, says EFCC’s witness

    A Lagos State High Court, Ikeja, yesterday heard that some documents used to defraud the Federal Government of about N4.5billion as oil subsidy payments were verified by relevant government agencies.

    The Economic and Financial Crimes Commission (EFCC) is however alleging that most of the documents were forged.

    An official of the Petroleum Products Pricing Regulatory Agency (PPPRA), Mr Victor Shidok, said no fewer than 20 agencies were involved in the verification process.

    He was testifying in the resumed trial of son of former Peoples Democratic Party (PDP) Chairman Ahmadu Ali, Mamman.

    EFCC charged him, Christian Taylor, their company, Nasaman Oil Services and Mr. Seun Ogunbambo with alleged N4.5bn subsidy fraud.

    It alleged that the defendants fraudulently obtained N4.5bn from the Federal Government between January and April last year.

    The money, EFCC said, was for subsidy payments from the Petroleum Support Fund for the purported importation of 30.5million litres of Premium Motor Spirit (PMS) (also known as petrol).

    According to the agency, the defendants did not import the products, but forged a bill of lading and other documents which they used in facilitating the fraud.

    The alleged offences were said to contravene Sections 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.

    The defendants also allegedly violated Sections 467 and 468 of the Criminal Code Laws of Lagos State 2003.

    They pleaded not guilty at their arraignment and were granted bail.

    Shidok, a prosecution witness, admitted under cross examination that documents presented by the defendants before receiving subsidy payments were verified.

    He listed government agencies involved in the verification process as the Department of Petroleum Resources (DPR), the Nigerian Custom Service, the Nigerian Ports Authority (NPA), the Central Bank of Nigeria (CBN) and the Federal Ministry of Finance, among others.

    “Most of the agencies are involved in the verification of oil subsidy claims, and once they are satisfied, payments are made,” he said.

    Shidok said he did not know Ogunbambo in person because PPPRA deals with companies and not individuals.

    He further stated that no transaction relating to oil subsidy matters was made without PPPRA’s knowledge.

    The trial judge, Justice Adeniyi Onigbanjo adjourned further trial till February 21