Tag: witnesses

  • APC files 600 witnesses against Omisore’s petition

    APC files 600 witnesses against Omisore’s petition

    Osun State All Progressives Congress (APC) has filed written statements of 600 witnesses against the petition of the Peoples Democratic Party’s (PDP) governorship candidate, Senator Iyiola Omisore, on the August 9 governorship election.

    The statements were filed with the reply of the APC, which is the second respondent in the petition yesterday.

    Omisore is challenging the re-election of Governor Rauf Aregbesola, claiming that the election was marred by fraud.

    The lead counsel to the APC, Kunle Adegoke, who filed the reply, said the respondent was asking the tribunal to dismiss the petition of the PDP and its candidate because it was baseless, frivolous and contentious.

    He said the reply contained about 257 pages in which explanations were offered on the happenings in the local governments being challenged by the PDP.

    “We started filing the reply on Saturday. We have about 600 witnesses that we have prepared their witness statements to counter the allegations of the petitioners.

    “Our reply is to the effect that the allegations raised by the petitioner are completely frivolous, baseless, vexatious and constitute an abuse of court process.

    “We are saying they don’t have any business being here, they are only here to waste the precious time of the tribunal and our own precious time too.

    “In addition, we are saying cost should be awarded against the petitioners for wasting the court’s and our time too.”

    Adegoke noted that the tribunal was informed in the reply that if not for the vigilance, resoluteness and the preparedness of the electorate, which  stood firm against rigging, the election would have been rigged by PDP and its candidate.

    The APC counsel then noted that if the petitioners were serious and desirous of driving the petition the way it should be done, the petition would be concluded within the stipulated 180 days.

    He noted that steps the petitioners took so far did not show them as serious people.

  • EFCC witnesses give contradictory evidence in oil marketer’s trial

    EFCC witnesses give contradictory evidence in oil marketer’s trial

    Two prosecution witnesses in the trial of an oil marketer, Rowaye Jubril, have contradicted themselves on the purported importation of petroleum product and alleged collection of subsidy.

    Prosecution witness Mr Uchenna Adobaka claimed yesterday that the defendant imported the products and collected N963.7 million subsidy from the Federal Government.

    But on Wednesday, a prosecution witness of the Economic and Financial Crimes Commission (EFCC), Mr Abdullahi Mohammed, told the court that Jubril did not import the product for which he got N963.7 million subsidy.

    Rather, Mohammed said, the oil marketer obtained the products from other vessels within Nigeria.

    Adobaka faulted EFCC’s claim that Jubril did not import the fuel.

    The witness, who is the deputy manager, Energy Group of Spring Bank, gave his testimony before the court.

    Jubril is being prosecuted with his firm, Brila Energy, for obtaining the money for purportedly importing 13,500 metric tonnes of Premium Motor Spirit (PMS).

    He had pleaded not guilty.

    Adobaka, who was under cross-examination by defence counsel Mr Kola Kolade said Jubril approached the bank in 2010, requesting a loan to import petroleum products approved for him by the Petroleum Products Pricing and Regulatory Agency (PPPRA).

    He told the court that the bank granted the defendant a credit facility of $11.9 million to execute the transaction.

    He said the bank thereafter appointed General Marine and Oil Services Limited to supervise the importation and discharge of the product on its behalf.

    Adobaka said the company wrote to Spring Bank admitting that they did not supervise the discharge of the product at Obat Jetty in Lagos.

    Despite the development, he said there were some discrepancies in the shipping documents submitted by General Marine Oil Services Limited and its corresponding bank, he Union Bank of the United Kingdom (UK), on the transaction.

    According to him, the document submitted by Union Bank UK showed that the mother vessel was MT Overseas Lima as against MT Gabros listed by General Marine Oil Services as the mother vessel.

  • Hezbollah: Fed Govt opens trial in  case against three Lebanese

    Hezbollah: Fed Govt opens trial in case against three Lebanese

    •Calls three witnesses

    The Federal Government yesterday began the trial in the case against three Lebanese being held over their alleged involvement in terrorism.

    The government called three witnesses, who were officials of the Department of State Security Service (DSS).

    The Lebanese – Mustapha Fawaz (49), Abdallah Thahini (48) and Talal Ahmad Roda (51) – are charged with their companies – Amigo Supermarket and Wonderland Amusement Park Resort.

    Before the trial began yesterday, the accused were rearraigned on a 16-count amended charge, to which they pleaded not guilty.

    Among the charges against them were that they conspired and engaged in unlawful importation of prohibited firearms between 1988 and 2008 in Kano.

    The prosecution witnesses, who were hooded for security reasons, told the court how they investigated the case and recovered arms and ammunition in the premises of the accused.

    The first witness identified as DSS1 told the court that he coordinated the investigation and that the accused made voluntary statements where they admitted being members of the international terrorist group, Hezbollah.

    The second witness identified as DSS2 said he led the team that conducted searches at the Wonderland Park and Amigo Supermarket, where they recovered arms and ammunitions.

    He, however, stunned the court when, on being asked to read the inventory of the about 45 items recovered in the two premises, most of the items, except three, were not related to arms and ammunitions.

    They were common items like computer accessories, sim cards, travelling documents, camera, Identity Card, among others.

    The third witness identified as DSS3 told the court how one of the accused, Thahini was arrested at the Aminu Kano International Airport, Kano with $61,170 while allegedly trying to escape from the country.

    The trial resumes at 12noon today. The court chose the time to enable the prosecution file and serve the defence, copies of written statements of its remaining five witnesses.

  • N10b suit: Court allows Braithwaite’s application to call witnesses

    N10b suit: Court allows Braithwaite’s application to call witnesses

    A Lagos High Court, Igbosere, yesterday granted the request of frontline lawyer, Dr. Tunji Braithwaite, to call additional witnesses in a N10 billion suit he filed against Standard Chartered Bank.

    Braithwaite, in a Motion on Notice brought before Justice Doris Okuwobi, pursuant to Order 24 Rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules 2012, sought leave of court to call three additional witnesses.

    The bank opposed the amendment on the grounds that it was a ploy by the claimant to introduce new facts which allegedly emanated after hearing of the suit began in 2010.

    But Justice Okuwobi, in her ruling, appraised the facts of the matter and granted the claimant leave to amend his originating process and call additional witnesses.

    The court held that it could not honestly be said that the proposed amendment would change the character of the claimant’s case.

    The judge averred that the facts sought to be incorporated by the claimant would merely expand the facts already in evidence and that the reliefs sought arose from the same set of facts contained in the original writ.

    She also dismissed the bank’s objection to the inclusion of the Environmental Impact Audit Report prepared by experts as part of the amendment.

    Dr Braithwaite is demanding N10 billion as general damages for the nuisance allegedly caused the neighbourhood due to the noise and pollution of the bank’s giant electric generating sets.

  • Absence of EFCC witnesses stalls trial

    The inability of the Economic and Financial Crimes Commission (EFCC) to produce other witnesses in a N53.6 million suit instituted against five suspected fraudsters before a Lagos High Court, Igbosere, yesterday stalled the continuation of trial.

    Justice Christopher Balogun adjourned the case till July 2, after the cross-examination of prosecution witness one, Kabir Sani and EFCC could not produce the other witnesses.

    The anti-graft agency on October 31 last year, arraigned Chris Nwaigwe, 34; Farouk Balogun, 28; Fawas Animashaun, 29; Damilola Ali, 28; and Olasunkanmi Banire, 27, on a 26-count charge of conspiracy, forgery and Internet fraud.

    They were alleged to have committed the offence on April 27 last year by defrauding Sani of $210,000, equivalent of N53,577.597.00 million.

    During cross-examination by counsel to the fifth defendant, Kolade Ala, Sani, a bureau de change operator, told the court that the defendants told him they would use the money to buy land at Lekki/Ajah, Lagos, which his partner, Mr. Virgo, paid into his account.

    Sani said his partner reported him to the EFCC after he had made payments and collected exchange commission of N9 million.

    Said he: “I’m a licensed bureau de change operator and the N9 million was a commission paid to me, which I refunded to the owner when I was alerted that the money was fraudulently obtained.

    “I also wrote a petition to the EFCC to report the defendants, after which I was invited to their office to make a statement and I did.”

  • How alleged bomber of ThisDay, Sun, Moment was captured, by witnesses

    How alleged bomber of ThisDay, Sun, Moment was captured, by witnesses

    The Federal Government yesterday called four witnesses as it opened trial in the case involving Mustapha Umar, accused of being the mastermind of the April 26, last year’s bombing of a building occupied by three media houses – ThisDay, the Sun and the Moment – in Kaduna.

    The witnesses gave details of how Umar drove a bomb-laden Honda car unto the wall of the building known as SOJ Plaza; how he was captured while trying to escape after allegedly killing three people and how the police saved him from being lynched by a mob.

    Before the trial began yesterday, Justice Adeniyi Ademola granted an aplication by the prosecution barring people, other than parties in the case, their lawyers, journalists and law students on court attachment, from witnessing proceedings..

    The judge also ordered that witnesses in the case should be protected with their identity, names and other particulars kept secret. In view of the orders, the four witnesses hid their faces by wearing mask.

    The first witness, who was identified as Ismael told the court how the accused drove a car ladden with explosives into the building.

    He said although the car didn’t explode, the accused allegedly killed three people when, in a bid to escape, he threw one of the explosives into the crowd.

    Ismael said: “I was passing along Kontagora Road, Kaduna when I saw people gathered. I moved closer to inquire what was going on. I saw a Honda car very close to the wall of the building. I saw about two people trying to rescue the accused from inside the vehicle.

    “He was alone, sitting on the driver’s seat. Thinking he was invoved in an accident, I joined in an attempt to rescue him. The moment we brought him out, he started shouting: ‘I have brought bomb to this premises. It can explode any moment from now.’

    “By then, the size of the crowd had increased. They started beating him, asking him to go and remove the bomb. And he told them if they remove it, it will explode,” the witness said.

    He told the court how he and others were later able to invite, first some policemen from the Sabongari police station, before other security personnel arrived at the scene.

    The witness, who was led in evidence by lead prosecution lawyer, Simon Labaran, added that some moments later, the accused, who was held by some members of the crowd, went close to his car and brought out what looked like a fire extinguisher.

    “Because the crowd was outside the premises, he threw the fire extinguisher and we heard a loud sound. Three people died on the spot, one of them was on Okada (motorcycle). “Unfortunately for him, as he was trying to scale the fence, some youths, who had gathered, apprehended him. By this time, he has sustained injuries and was bleeding. We later handed him to the police.”

    He said moments after the accused was taken away, some youths set the vehicle on fire, during which the explosives exploded. “About 4pm, when the police came to remove the burnt vehicle, I saw about 12 camp cylinders inside the vehicle. There were three in the front, three in the middle and six in the booth. They were neatly wired to the steering of the vehicle,” the witness said.

    On cross-examination by defence lawyer, Nureni Sulaiman, the witness maintained that the accused caused the death of three persons. The second prosecution witness, who said he was the Divisional Crime Officer (DCO) at the Sabongari Police Station when the incident occured, corroborated the first witness’ statement that the accused killed three people by allegedly throwing an object like a fire extinguisher into the crowd.

    He said their mission at the scene of the incident was to ensure security and rescue the accused person.

    He admitted also seeing the camp cylindres inside the accsued perspns’s vehicle.

    The third witness, who said he was qually serving at the Sabongari station as at the time of the incident, told the court how he was directed by his Divisional Police Officer (DPO), who he met at the incident’s scene, to take the accsued person to the Police Medical Centre for treatment.

    He said although he had taken the accused person to his station, his DPO called to direct that Umar be taken to the hospital.

    The fourth witness, an Assistant Police Commissioner and medical practitioner, told the court how he helped stabilised the accsued person, who was brought to the police medical facility “conscious, but confused.”

    Explaining the condition in which he met the accuxed person, the medical expert said “I went to the Accident and Emmergency Room, where I saw the accused person. He was soaked in is own blood After examining him, I niticed he had injuries on his hand and head. He was later stabilised. Initially when he was brought in, he could not talk,” the witness said.

    The trial resumes today at 11 am.

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  • More PDP witnesses fault Ondo poll

    The candidate of the Peoples Democratic Party (PDP) in last October’s governorship poll in Ondo State, Chief Olusola Oke, at the weekend presented more witnesses at the Election Petition Tribunal.

    The former PDP National Legal Adviser is challenging the declaration of Governor Olusegun Mimiko of the Labour Party (LP) as the winner of the October 20, 2012, election.

    The witnesses, who identified their statements on oath and adopted them as evidence before the three-man panel, complained of “improper accreditation” of voters in the election.

    They were led in evidence by Oke’s counsel and cross examined by the respondents’ counsel – Yusuf Ali (SAN), Adebayo Adenipekun (SAN) and A. Ikpeabu (SAN).

    Mr. Felix Adamolekun from Okeagbe, Akoko North West Local Government, said the number of voters in the area did not tally with the number of names in the voter register.

    Adamolekun said there was “massive rigging” in the election. He alleged that officials of the Independent National Electoral Commission (INEC) colluded with LP supporters in the area to perpetrate the electoral fraud.

    Omole Kehinde from Ipe-Akoko, Akoko South East, said the votes declared for LP in some units were not properly recorded in form EC8A.

    During cross-examination, Ogunmolayan Busayo from Ondo West Local Government insisted that the voters’ register used in most of the wards in the local government were inflated.

    Lawal Olanrewaju from Arigidi Akoko, Unit 001, Ward 02 and Ayetomo Smart from Ode-Mahin in Ilaje Local Government alleged that there was ballot box snatching in their units and party agents were chased away by thugs.

    The Justice Andover Kaka’n-led panel granted Oke’s prayer to present form EC8A, which contained the result of all units in Ilaje Local Government.

    Justice Kaka’n accepted two certified copies and 27 duplicates of the result sheets, excluding those of units 009, 013 and 018.

  • PDP witnesses insist Ondo poll was rigged

    More witnesses of the Peoples Democratic Party (PDP) and its candidate in last October’s governorship election, Mr. Olusola Oke, yesterday appeared before the Election Petition Tribunal sitting in Akure, the state capital.

    Idowu Isiaka from Arigidi Akoko said the PDP initially won her polling unit, but it was rigged in favour of the Labour Party (LP).

    She said she was forced to sign the result after it was changed.

    Deborah Oyedemi from Ile Oluji, a trader, identified her statement and left without cross examination.

    Gbenga Adugbo, a trader from Oke Igbo, alleged that LP thugs were present at his polling unit.

    Adugbo said he voted at Unit 1, Ward 1 in Ile Oluji and the result was announced at exactly 4pm on the election day.

    Iyabo Isiaka, a trader from Ute in Ose Local Government, said people voted without accreditation at her polling unit.

    She said only LP agents signed the result sheet initially, but other agents were forced to sign in order to have a copy of the result.

    Ominidoha Bonsue from Ijaw Arugbo, Unit 4, Ward 1, said he served as Ward Coalition Officer of his party and was at his unit from 8pm until the election was over.

    He said the votes were counted before all agents but a different figure was recorded in the presence of the presiding officer of the Independent National Electoral Commission (INEC).

    Alaba Kazeem from Ikare Akoko said there was no accreditation in his unit and LP thugs disrupted the peace there.

    Suleiman Ganiyu from Ikare Akoko said voting materials were brought to his unit late.

    As at the time of filing this report, more witnesses were still appearing before the tribunal.

  • ACN witnesses discredit Ondo election

    The Action Congress of Nigeria (ACN) and its governorship candidate in last October’s election, Mr. Rotimi Akeredolu (SAN), yesterday presented more witnesses at the Ondo State Election Petition Tribunal sitting in Akure, the state capital.

    ACN and Akeredolu are challenging the declaration of Governor Olusegun Mimiko of the Labour Party (LP) as the winner of the election.

    They are contesting the result of the election in local governments where Mimiko won.

    The witnesses were led in evidence by ACN’s counsel, Lasun Sanusi (SAN) and cross-examined by the respondent’s counsel, Mr. Abiodun Owonikoko (SAN), Chukwuma Ekuomaro (SAN) and Ozaze Uzzi (SAN).

    During cross-examination, Adewale Oketade, who is from Gberinlegi unit, Ward 8 in Ile-Oluji/Oke-Igbo Local Government gave evidence of over-voting.

    He alleged that the former caretaker chairman in the local government, Mr. Niran Akinniyi, hosted officials of the Independent National Electoral Commission (INEC) and some police officers in his home before they resumed at their polling units on the election day.

    Pa Samson Fadoye (70) claimed that the number of votes declared by INEC in Alarere Unit, Ward 10, Ile-Oluji, was incorrect.

    In Akoko South East, Isua, Prince Timothy Korede alleged that the voter’s list was inflated by 3,077 voters.

    Korede said the Resident Electoral Commissioner (REC), Mr. Akin Orebiyi, had during the stakeholders meeting in Akure explained that the 2011 voter’s register would be used for the October 20, 2012 election, but noted that strange names and photographs were found in the register in the local government.

    Mr. Akinyemi John said the voter’s register used at St. Joseph’s Maternity Unit 5 in Isua-Akoko was manipulated.

    He said the register contained names and photographs of about 2,400 voters, which were not in the authentic voter’s register.

    In Akure South, Fasua Raphael Banji said the voter’s register in ward 10 was filled with strange names that were not in the 2011 voter’s register.

    On Wednesday, nine ACN witnesses testified before the tribunal that the election was marred by irregularities.

    They were examined by Sanusi and cross-examined by LP’s counsel John Bayesea (SAN) and Mimiko’s counsel Adebayo Adelodun and INEC’s lawyer Uzzi.

    A witness, Ogunlade Oluwole, who voted at Unit 009, Alayere Ward in Akure North Local Government, alleged inflation of votes in some polling booths in the ward.

    He said ACN party agents were chased away by LP thugs.

    Mrs. Folake Adebayo, who served as Polling Officer at Owaoni Unit 001 in Ose Local Government, said she was not allowed to sign form EC8A by INEC officials because she refusd to induce them with what they called “entertainment largesse”.

    In a statement by its Publicity Secretary, Mr. Rotimi Agbede, ACN said: “The overwhelming documentary evidences tendered at the tribunal and the oral submissions of the witnesses called so far left the ruling party in a tight corner, forcing them to go back to the drawing board.

    “With the avalanche of these evidence, it is obvious that there will be no hiding place for the political abracadabra conjured at the election.”

    ACN urged its supporters and the people of the state to be patient, adding that there would be a bright light at the end of the tunnel.

    The party urged the tribunal to be above board in discharging its duties.

  • Edo poll: Airhiavbere to call more witnesses

    THE Peoples Democratic Party’s (PDP’s) candidate in the July 14 governorship election in Edo State, Maj.-Gen. Charles Airhiavbere, has filed an application before the Election Petition Tribunal seeking to core more witnesses.

    Airhiavbere is challenging the outcome of the election.

    About 22 of his witnesses have testified before the tribunal.

    The PDP candidate is expected to close his case on November 29.