Tag: Yunusa

  • EFCC files charges against recalled Justices

    EFCC files charges against recalled Justices

    Barely 72 hours after their recall, the Economic and Financial Crimes Commission (EFCC) has filed charges against Justices Yunusa Mohammed Nasir and Hyeladzira Ajiya Nganjiwa of the Federal High Court.

    While Nasir will face three charges, Nganjiwa has 14 counts against him.

    The anti-graft commission has, however, listed 33 witnesses against the two judges  who will face trial at the High Court of Lagos State

    The witnesses against the judges include MTN, two banks and 30 others.

    Justice Nasir is expected to face a three-count charge for allegedly “attempting to pervert the course of justice contrary to Section 97(3) of the Criminal Law of Lagos No11.”

    He is also to be tried for “corruption by Public Official contrary to section 63(1)(b)(ii) of the Criminal Law of Lagos State No. 11, 2011.”

    The charge sheet reads: “Yunusa Mohammed Nasir between February and September, 2015 within the jurisdiction of this honourable court being a public official to wit: a Judge of the Federal High Court attempted to pervert the course of justice by engaging in constant private and confidential telephone communications with Rickey Tarfa SAN, counsel to the applicants in: (1) Suit No. FHC/L/CS/714/2015 between Mr. Adewale Adeniyi v EFCC & 2 Others, (ii) Suit No. FHC/L/CS/7 15/20 1 5 between Rena Prestige Industries Ltd & Anor. ‘7 EFCC & 2 Others, (iii) Suit No. FHC/ L/ C S/ 7 1 6 / 2 0 1 5 between Hair Prestige Manufacturing Nigeria Ltd & 3 Others v EFCC & 2 Others during the period you presided over the said suits as a Judge of the Federal High Court, Ikoyi.”

    “Yunusa Mohammed Nasir on or about the 14th May, 2015, within the jurisdiction of this honourable court being a public official to wit: a Judge of the Federal High Court agreed to receive the sum of N1,500,000 (One million, five hundred thousand naira) paid into your UBA Plc Account No. 1005055617 by Esther Agbo, staff of the firm of Rickey Tarfa & Co. in order to afterwards give decisions in favour of the chambers of Rickey Tarfa & Co. in cases handled by the said chambers before you as a Judge of the Federal High Court, Ikoyi.

    “Yunusa Mohammed Nasir between March and September, 2015, within the jurisdiction of this honourable court being a public official to wit: a Judge of Federal High Court agreed to receive financial benefit from Joseph Nwohike SAN in other to afterwards give decisions in favour of Joseph Nwobike SAN in cases handledby the said lawyer before you as a Judge of the Federal High Court, Ikoyi.

    “Yunusa Mohammed Nasir on or about the 18th March, 2015, within the jurisdiction of this honourable court being a public official to wit: a Judge of Federal High Court received the sum of N750, 000 (Seven hundred and fifty thousand Naira) from Joseph Nwobike SAN into your UBA Plc account No. 1005055617 in order to afterwards give decisions in favour of Joseph Nwobike SAN in cases handled by the said lawyer before you as a Judge of the Federal High Court, Ikoyi.”

    On his part, Justice Nganjiwa is charged for unlawful enrichment by public official contrary to section 82 (a) of the Criminal Law of Lagos State, No.11, 2011 .

    He is also being prosecuted for “making false information to an officer of the Financial Crimes Commission contrary to section Economic and Financial Crimes Commission Act, 2004.

    The charge sheet reads: “That you Hyeladzira Ajiya Nganjiwa between the 18th day of January and the 16th day of December, 2013 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with an aggregate sum of $144,000.00 (One Hundred and Forty Four Thousand United State Dollars) through your account No. 328/446178/2/1/0 domiciled in Guaranty Trust Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa between the 6th day of January, 201 4 and the 17th day of November,201 4 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with an aggregate sum of $102,000.00 (One Hundred and Two Thousand United State Dollars) through your account No. 328/446178/2/1/0 domiciled in Guaranty Trust Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on or about the 27th day of March,201 5 in Lagos within the jurisdiction of this Honourable Court, being a Judge of the Federal High Court enriched yourself with the sum of $ 10,000.00 (Ten Thousand United State Dollars) through your account No. 328/4461 78/2/1 /0 domiciled in Guaranty Trust Bank Plc so as to have a significant Increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on or about the 30th day of April, 201 5 in Lagos within the jurisdiction of this Honourable Court, being a Judge of the Federal High Court enriched yourself with the sum of $ 4,000.00 (Ten Thousand United State Dollars) through your account No. 328/4461 78/2/1 /0 domiciled in Guaranty Trust Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on the 10th day of April,201 4 and 16th September, 14 in Lagos within the jurisdiction of this Honourable Court, being a Judge of the Federal High Court enriched yourself with the total (Seven Hundred and Fifty Thousand Naira) through your corporate account, Awa-Ajia Nig. No 00009171331 domiciled in Access Bank Plc so as have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on or about the 28th day September, 14 in Lagos within the jurisdiction of this Honourable Court, being a Judge of the Federal High Court enriched yourself with the sum of N300, 000.00 (Three Hundred Thousand Naira) through your corporate account, Awa-Ajia Nig. Ltd No. 0000971331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on or about the 8th day of November, 2013 in Lagos within the jurisdiction of this Honourable Court, being a Judge of the Federal High Court enriched yourself with the total sum of N5. 000,000.00 (Five Million Naira) through your corporate account, Awa-Ajia Nig. Ltd No. 0000971331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income. “That you Hyeladzira Ajiya Nganjiwa on the 27th day of November, 201 5 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with the sum of N500,000.00 (Five Hundred Thousand Naira) through your corporate account, Awa Ajia Nig. Ltd No. 0000971331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on the 8th day of February,201 6 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with the sum of N500,000.00 (Five Hundred Thousand Naira) through your corporate account, Awa-Ajia Nig. Ltd No. 0000971331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    ”Unlawful enrichment by public official contrary to section 82 (a) of the Criminal Law of Lagos State, No.1 1, 2011

    “That you Hyeladzira Ajiya Nganjiwa on or about the 30th day of October,2015 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with the total sum of N500,000.00 (Five Hundred Thousand Naira) through your corporate account, Awa-Ajia Nig. Ltd No. 0000971 331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on or about the 8th day of November,201 3 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with the total sum of N500,000.00 (Five Hundred Thousand Naira) through your corporate account, Awa-Ajia Nig. Ltd No. 0000971331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That on or about the 8th day of April,201 3 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with the total sum of N 100,000.00 (One Hundred Thousand Naira) through your corporate account, Awa-Ajia Nig. Ltd No. 0000971 331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa between 17th day of April and 24th day of June, 2013 in Lagos within the jurisdiction of this honourable court, being a Judge of the Federal High Court enriched yourself with the total sum of N500,000.OO (Five Hundred Thousand Naira) through your corporate account, Awa-Ajia Nig. Ltd No. 0000971 331 domiciled in Access Bank Plc so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.

    “That you Hyeladzira Ajiya Nganjiwa on or about the 17th day of October, 201 6 in Lagos within the jurisdiction of this honourable court, knowingly made a false statement to Orji Chukwuma and Tukur Abdullahi, officers of the Economic and Financial Crimes Commission, in the course of the exercise of their duty, wherein you stated as follows “the company then before my appointment really was doing any work assigned or given to it. But this account was not operational from the time I was appointed.”

  • UPDATE: Ese Oruru: court grants Yunusa bail

    Yunusa Dahiru, alias Yellow, accused of abducting and forcefully marrying a 14-year-old Ese Oruru from Bayelsa State, was on Monday granted bail by the Federal High Court sitting in Yenagoa.

    Yunusa, who hails from Kano State, is standing trial on five-count of abduction, illicit sex and unlawful canal knowledge of Ese.

    The court presided over by Justice H.A Ngajiwa resumed in Yenagoa to rule on a bail application filed by Yunusa’s five-man team of lawyers led by Mr. Kayode Olaosebikan.

    The court was congested as persons from different walks of life came to hear the matter and to catch a glimpse of the slim tall Yunusa.

    Seats were not enough as many observers especially journalists stood up while the proceeding lasted.

    Clad in white t-shirt and cream shorts, Yunusa, who was in the dock looked emaciated and bowed his head throughout the period of the proceeding.

    Ese’s parents, Charles and Rose; Chairman and members of the Civil Liberty Organisation (CLO), Chief Nengi James, Ankio Briggs, Alagoa Morris and State Coordinator, Women of Excellence, Mrs. Tariere Gita, were present in court for the matter.

    The judge ruled that the felonies committed by Yunusa were bailable and asked the suspect to provide N3million, two sureties resident within the court’s jurisdiction and write an undertaking that he would not jump bail.

    As part of the conditions for the bail, one of the sureties must be a renowned title holder and a public servant on grade level 12 who must provide first appointment and promotion letters.

    The judge further ordered that the sureties must provide their tax clearance certificates.

    Ngajiwa’s verdict was based on application deposed by the defendant and supported by a seven-paragraph affidavit in line with the rules of the court on whether or not Yunusa was entitled to bail.

    The judge said the application averred that the grounds for bail were within the discretion of the court and in exercising that discretion the court must act judicially and judiciously.

    He said that Yunusa’s lawyers in the application argued that the accused person is innocent until proven guilty adding that Yunusa had no records of criminal behaviour and was not likely to jump bail.

    The lawyers argued that since the offence was bailable and there were people who were ready to stand surety for the suspect, Yunusa was entitled to bail.

    Ngajiwa also faulted a 10-paragraph application opposing the bail filed by the prosecution.

    He said the argument of the prosecution that the accused person would not come for trial since he is not resident in the state was defective and would not stop the granting of bail.

    He cited sections 158 and 162 of the Administration of the Criminal Justice Act  and Section 36 (5) of the Nigerian Constitution, 1999 as amended, and insisted that the felonies committed by Yunusa were bailable.

    He said: “In Section 36 (5), every person charged with criminal offence is innocent until proven guilty. Investigations had been concluded and the accused person denied committing the offence. He was living in Yenagoa till August 2015. The offence is bailable and the court has discretion to grant the bail”.

    He added: “The offences charged are serious felonies but no matter how felonious, it will not stop the court from granting bail. The court will impose such conditions that will force the accused person to come for his trial.”

    Speaking after the proceedings, the Ankio Briggs who is the founder of Agape Rights Organisation (ARO) said they were doubtful the state would ensure diligent prosecution of the case.

    She said beyond rhetoric, the Delta, Bayelsa states and all the governors in the Niger Delta region had not shown commitment to the matter.

    She further said they were yet to see the team of lawyers that the Bayelsa State Governor, Mr. Seriake Dickson, promised he was going to constitute to help in the prosecution of the case.

    She said: “This thing happened in the Niger Delta. It has been going on and we believe it will continue to go on. If we say that justice is for everybody then justice should be seen to be carried out so that everybody is satisfied.

    “How can somebody carry a child from Bayelsa to Kano state, keep her for eight months, impregnate her, change her region; what are they saying? Is he the father of the child?

    “Who is the father of the child? Is she going to have the baby? These are so many things that are personal. The circumstance in which she got pregnant is very offensive.

    “With all due respect, this case is a very volatile case, it is very serious case. I am not satisfied with the handling of the case by the Delta and Bayelsa state government. Maybe, because the parents are poor”.

    She further described as offensive the claims of Yunusa’s lawyers that his affairs with Ese was that of Romeo and Juliet.

    She said: “Which kind Romeo and Juliet? Ok, all these people who are calling it Romeo and Juliet, let a Keke Napep driver kidnap their 13 years old daughter and then say they are in love.

    “What type of love is that? What sort of Romeo and Juliet is that? The law say that a 13 years old girl has no right to find herself in a position of Romeo and Juliet, full stop and that is what the law says”.

  • Ese Oruru: Yunusa granted bail

    Ese Oruru: Yunusa granted bail

    Yunusa Dahiru alias Yellow, who is standing trial on four-count of abduction of Ese Oruru has been granted bail.

    Details later

  • Ese, Yunusa and the vulnerable

    Ese, Yunusa and the vulnerable

    ON the day he was arraigned in court in Bayelsa, the man accused of abducting the then 13-year-old Ese Oruru exuded calmness and confidence. No one knows whether the composure of the accused, Inuwa Dahiru, more popularly called Yunusa or Yinusa, was prompted by what he believes to be his innocence or whether he simply couldn’t grasp the weight of the crimes alleged against him. Or perhaps he was too young and idealistic to care. When the story of the abduction and forced conversion of Miss Oruru first broke, the impression noised in many quarters was that Mallam Dahiru was probably in his 30s taking paedophilic advantage of a very young, devout and impressionable southern Christian girl just clocking teenage. Soon, the alleged abductor, whose photograph was yet to be published anywhere, was made out as a 28-year-old man. Eventually, when one newspaper spoke with his father, the elderly Dahiru revealed that his son was 25 years old. Shortly before the suspect was dragged to Abuja for interrogation, some newspapers disclosed that he was actually 22 years old. Then finally, on his charge sheet, the prosecuting authorities managed to transform him, according to a newspaper report, into an 18-year-old teenager.
    Nothing exemplifies the exasperating complexity of this controversial case as the manner in which Mallam Dahiru became progressively younger in the space of a few weeks. One or two newspapers had late last year presented the news as a case of elopement involving an older Hausa trader, who was also a tricycle operator, and a younger and outgoing Urhobo girl living in Yenagoa with her parents. At the time, whatever crime was insinuated into the escapade was believed to be mitigated by the adventurous willingness of the two so-called lovebirds to travel to Kano for an idyllic existence. The police, however, faced a conundrum separating the wheat from the chaff. But by late February, the story had become a definitive one of abduction, clash of cultures and religious bigotry in which the police and Kano’s emirate and religious authorities were complicit. The matter was compounded by pussyfooting police hierarchies, from the Bayelsa Command to the Kano Command, and disapprovingly thence to the Police Headquarters in Abuja.
    Though there were too many missing pieces in the story when it took on force in February, the news nonetheless went viral locally and internationally, lathered by emotive reactions all round, from what was alleged to be a complicit Kano Emirate authority, specifically the Emir of Kano, Muhammadu Sanusi II, to what police authorities in Abuja feared were dithering Kano Police officers, and finally to the state’s religious authorities, the Sharia Commission, and the religious police, the Hisbah. It was tough for a dispassionate analysts to navigate the treacherous waters of the alleged abduction. Indeed, it was safer for everyone who mulled over the story to simply conclude that the accused, Mallam Dahiru, being true to the northern type, forcibly took Miss Oruru from her parents, perhaps through hypnosis or other superstitious means, converted her against her will to Islam with the connivance of typically northern Jihadists, had carnal knowledge of an underage girl, and put her in the family way.
    But by the time the legal fireworks will have settled, the abduction story may quake with doubt, as Mallam Dahiru himself hinted on the day he was charged in court. Miss Oruru’s stories, including how she got to Kano, and her relationship with the suspect, will indeed be put to the test, destabilised by its numerous gaps. What will not be threatened, irrespective of how old those involved in the saga are, is that the young girl left Bayelsa without parental consent, and the sex between the two, whether it was consensual and predated the alleged abduction, as Mallam Dahiru argued, or was coerced as the victim’s mother suggested, was between an older man and a minor. In the weeks ahead more light will be shed on the story and the public’s mood will doubtless fluctuate as the story ebbs and flows between facts and fiction.
    The story and the ensuing court case will once again offer Nigeria the opportunity to grapple with the dark areas of national life which it has preferred to downplay for decades. If the country’s leaders appreciate the complexity of the issues involved, they will see it as an opportunity to take another look at the political, cultural and religious fissures distorting development and jeopardising ethnic and religious amity in the country. The fissures are indeed worrisome, and the periodic eruptions they have triggered over the decades should instruct Nigerians that living in denial is not an option. For instance, when the Kano State Shariah Commission orchestrated the sequestration and conversion of Miss Oruru to Islam despite her age, they easily played into the hands of those who suggest that at bottom some northern public officials unthinkingly harbour destructive jihadist instincts, which they are eager to indulge in in flagrant disregard to the country’s constitution and without a care as to its disruptive, divisive and incendiary potential.
    Those who masterminded the said conversion also give the impression they are a law unto themselves and, if Kano State Government’s denial of knowledge of the Oruru case is to be believed, do not report to anyone. It may be time to set out exactly how local laws and edicts relate to the constitution in a secular society, and what level of deference to traditional and religious authorities law enforcement agents can demonstrate.
    Even if parental control was lax in the Oruru case, as many commentators have argued, and the Child Rights Act is yet to be domesticated in many states, especially in the North, it may be time to examine afresh the difficult and complex attitude in these parts toward sex. That attitude, to put it mildly, is deeply troubling. Except Mallam Dahiru’s age can be truly established to be 18 as claimed in the charge sheet and by his lawyer, thereby narrowing the psychological and physiological divide between Miss Oruru and the accused, sex with minors is rather more pervasive than many care to acknowledge. Former Zamfara State governor, Ahmed Sani, idiosyncratically lent political and religious weight to the disturbing trend of viewing sex as an epicurean pastime, with the procurer of sex almost completely detached from the object of sex, akin to what obtains in the animal kingdom. The way the world views sexual preferences is morphing considerably; who can tell whether in time paedophilia would not become lawful just as gay relationships, marijuana use, and other habits the world frowned at many decades ago have managed to compel the obliteration of barriers?
    Not only will there never be a consensus on the topic of sex as far as many religions and cultures are concerned, with spatial differences manifesting in disturbing hues, the issues of divorce, rape, marriage — whether monogamy, polygamy, polyandry or gay union — will, with the aid of technological advancement, increasingly elicit fundamental changes in the people’s attitude to sex in ways never anticipated. Younger people have access to pornographic media unlike at any other time in human history, and are in consequence altering their behaviour, if not their biology, along clearly hedonistic lines. Crazy selfies, sexting, not to talk of lowering the age of consent, for which the laws and sometimes religions may be compelled to play ignoble catch-up, have been thrown into the dangerous mix. Mallam Dahiru suggests he had had sex with Miss Oruru even before they travelled to Kano. It is not yet clear whether the victim will be put in the dock, nor how it will established the accused is telling the truth. However, teen and even pre-teen sex, including child grooming for sex, are more rampant than many believe. The whole thing is a crazy obsession.
    The constitution and the laws of the land can to some extent help Nigeria make sense of the problems associated with sexual and amorous relationships, notwithstanding the cultural differences between the North and South of Nigeria. But they will in the long run prove ineffective in regulating sexual preferences, including lowering the age limit of sexual experience. The problem is uniquely human. With the ubiquitous availability of mobile and explicit images on various media platforms, the availability of a whole pharmacy of drugs and aphrodisiacs employed to push sex beyond unimaginable frontiers and inhibitions, and a cornucopia of shifting attitudes to sex — lawful or not — unmitigated by ethics of any kind or origin, there will be more stories like that of Mallam Dahiru and Miss Oruru, if not worse. It is not for nothing that the oldest profession in the world is prostitution in which both man and woman — not just woman, as is often portrayed — are customers.
    The Ese-Yunusa abduction trial will likely peter out into fatuity, of course after some salacious details have been revealed. Perhaps the SUV, and the identities of the accompanying two police escorts, which ferried Miss Oruru to the emir’s palace when the case was listed for hearing would be unearthed. A few policemen will be punished for dereliction of duty, and perhaps Kano State may be also be forced to re-examine the relationship between some of its statutory bodies and the constitution even in a defective federalist set up. But neither the abduction/elopement story — depending of course on what the courts find out — nor the trial itself will have any consequence on ossified and prevalent social attitudes and cultural and religious stereotypes.
    There will be intensified calls and demand for greater activism to persuade more states to domesticate the Child Rights Act, and the laws on marital relationship, rape and domestic violence may be strengthened. Even then, Nigerians may have to moderate their optimism, for as everyone knows, the country’s problem is not so much the absence of laws as the incompetence and lack of will in enforcing them. Until the country can make up its mind what kind of society it really wants to be, competently define its personality, which is at the moment seemingly bipolar, and cast in granite the rights and obligations of citizens even within the purview of their cultural differences and antagonisms, little will be gained by any effort to redress grave moral wrongs.

  • Ese Oruru: We will prosecute Yunusa’s father if… – Arase

    Ese Oruru: We will prosecute Yunusa’s father if… – Arase

    The Inspector- General of Po‎lice, Mr. Solomon Arase, has said the police would prosecute the father of Yunusa, aka Yellow, who was accused of abducting a 14-year-girl, Ese Oruru if investigation found him wanting.

    Arase, however, noted that Yunusa’s father was not the person at the center of the abduction saga and dismissed claims by the man’s father that his son has not committed any crime.

    The IGP spoke in Benin City, Edo State, at a one-day awareness workshop on sexual and gender based violence in Nigeria, organised by the Nigeria Police, in collaboration with Cleen Foundation and Ford Foundation.

    Represented by the Gender Officer, Force Criminal ‎Intelligence and Investigation Department, Mrs. Mairo Adebalogun, Arase noted that the man’s claim of innocence was irrelevant and insisted that Yunusa would be prosecuted.

     

     

  • Police transfer Ese’s abductor to Bayelsa command

    The Kano State-born Yunusa, who abducted the 14-year-old Ese Oruru from Bayelsa State, converted her to Islam and married her has been transferred to the Bayelsa State police command in Yenagoa.

    Yunusa was initially arrested in Kano and taken to the Force Headquarters, Abuja, following public outrage generated by Ese’s travails.

    The police had earlier said they would transfer the culprit to the Bayelsa command where he allegedly committed the offence.

    A source at the Bayelsa police command told our correspondent that Yunusa was already in the state’s police custody.

    He said Yunusa was handed over to the command on Wednesday, the same day Ese was brought back to the state.

    “Yunusa is presently here in the Bayelsa police command. He was brought by a team of policemen from the Force Headquarters on Wednesday. He is being detained at the Criminal Investigations Department (CID),” he said.

    The source said the police had been mandated to carry out thorough investigations and compile evidence that would lead to Yunusa’s prosecution.