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Tag: Court

  • N22.8bn fraud: Court fixes Nov 7 for trial of Amosu, others

    The trial of a former Chief of Air Staff, Air Vice Marshall Adesola Amosu and 10 others charged with N22.8 billion fraud, was on Thursday in Lagos adjourned until Nov. 7 and Nov. 8.

    A Federal High Court gave the ruling following the absence of the counsel to the EFCC, Mr Rotimi Oyedepo.

    He was, however, represented by Mr A. Emeka.

    Amosu was on June 29, 2016, arraigned by the Economic and Financial Crimes Commission( EFCC ) alongside Air Vice Marshal Jacob Adigun, Air Commodore Gbadebo Olugbenga and eight companies.

    The companies are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BIC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon HealthCare.

    The case which was earlier adjourned for continuation of trial on Thursday was shifted to Nov. 7.

    When the case came up for hearing, a counsel, Mr A. Emeka, announced appearance as standing in for the prosecutor, Mr Rotimi Oyedepo, who, he said, was at the Court of Appeal for another case.

    He informed the court that he was not fully abreast of the case but that he sought to handle the case until Oyedepo was available to continue with the trial.

    He, however, agreed to an adjournment.

    The prosecution’s witness (name withheld) and the defence counsel were in court.

    The accused are standing trial on charges bordering on conspiracy, stealing and money laundering before Justice Mohammed Idris.

    They all pleaded not guilty to the charges and were granted bails.

    The accused were alleged to have indirectly converted N3.6 billion belonging to the Nigerian Air Force.

    The EFCC also alleged that Amosu and the others stole over N323 million from the accounts of the Nigerian Air Force between March 21, 2014 and March 12, 2015.

    The commission said the money was utilised for the purpose of purchasing for themselves a property situated at No.1, River St., Wuse II, Abuja.

    The offences, according to the EFCC, contravene Sections 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

     

    NAN

  • N500m fraud suit: Court to hear Diezani’s application October 30

    N500m fraud suit: Court to hear Diezani’s application October 30

    Justice Rilwan Aikawa of Federal High Court in Lagos will on October 30 hear an application by a former Minister of Petroleum Resources, Diezani Alison-Madueke, seeking to be joined as defendant in money laundering suit.

    The former minister is seeking to be joined as defendant in a N500 million fraud charge slammed on Senior Advocate of Nigeria (SAN), Dele Belgore.

    The Economic and Financial Crimes Commission (EFCC) had also joined in the charge, former Minister of National Planning, Abubakar Suleiman.

    In essence, Mrs. Allison-Madueke wants the court to compel the Attorney General of the Federation (AGF) to bring her back to Nigeria from UK, where she has been since 2015, to put up her defence in the case.

    The EFCC had in a five-count amended charge, named former petroleum minister as culprit in the criminal trial of Messrs. Belgore and Sulaiman over alleged N500 million fraud.

    She was, however, described as being “at large “.

    The anti-graft agency claimed that the N500 million was part of 115 million dollars which the former minister allegedly doled out to compromise the 2015 general elections.

    Earlier efforts by Mrs. Allison-Madueke’s lawyer, Obinna Onya, to move his application on Tuesday, was turned down by Mr. Aikawa on the grounds that he was yet to serve same to all parties.

    The judge said he could only hear the application after all parties had been properly served.

    The lawyer also earlier contended that contrary to declaration by EFCC that Mrs. Allison-Madueke was at large, the former minister was in UK and was willing to return to Nigeria to defend the charges.

    He insisted that since his client’s name had been mentioned in the charge, it would be unfair to allow the case to proceed without affording her the opportunity of self defence.

    On Wednesday’s proceedings, EFCC’s lawyer, Rotimi Oyedepo, informed the court that he had now been served with the application.

    The court earlier took arguments from parties on the propriety or otherwise of admitting a document containing electronic mail communication between Mrs. Allison-Madueke and a bank managing director.

    Mr. Oyedepo sought to tender the document (mail) during examination of the second prosecution witness, Usman Zakari.

    Opposing the request, however, defence lawyers — Ebun Shofunde (SAN) and Olatunji Ayanlaja (SAN) — contended that the document was not admissible because it did not meet the requirement of the Evidence Act.

    They argued that the prosecution had not placed any material facts before the court to confirm the genuineness of the signature on the face of the document.

    In urging the court to admit the document, the EFCC’s lawyer said the objection to the admissibility of the document by the defence was misconceived.

    He argued that the certificate accompanying the document substantially complied with the provisions of Section 84 of the Evidence Act.

    Mr. Oyedepo further submitted that the document sought to be tendered was certified by the officer in whose custody the mail attached to the certificate was generated.

    He argued that an investigative officer such as witness in the box, could tender documents he received in the course of investigation.

    He submitted that the document sought to be tendered was relevant to the case and urged the court to admit same.

    After entertaining arguments from parties, Mr. Aikawa adjourned ruling and continuation of trial till October 30.

    In the amended charge, the former petroleum minister was alleged to have conspired with Messrs. Belgore and Sulaiman on or about March 27, 2015, to directly take possession of N450 million, which they reasonably ought to have known formed part of proceeds of unlawful act.

    The trio were also alleged to have taken the said fund in cash, which exceeded the amount authorised by law, without going through financial institutions.

    Messrs. Belgore and Sulaiman were also alleged to have paid N50 million to Sheriff Shagaya without going through any financial institution.

    The offences contravened the provisions of sections 15(2)(d), 1(a), 16(d) and 18 of the Money Laundering (Prohibition) (Amendment) Act, 2012.

  • Termination of appointment: Court orders MTN to pay ex-Nigerian operations manager N4.8billion

    Termination of appointment: Court orders MTN to pay ex-Nigerian operations manager N4.8billion

    The National Industrial Court of Nigeria (NICN), Akure Division, has ordered MTN Nigeria Communications Limited and MTN International, Mauritius, to pay its former Network Group Operations Manager, Mr Paul Odunewu, $13,419,728.54, £10,000 and N2,540,000 (totaling N4, 825,036,735.9) following the illegal termination of appointment by the telecoms organisation.

    Justice Oyejoju Oyewunmi made the order on Wednesday, September 27, 2017 following Odunewu’s suit challenging his 2006 termination and the deprivation of his entitlements including share options valued at $13,144,512.00.

    MTN Group Limited, South Africa; MTN Nigeria and MTN International, Mauritius were first, second and third defendants in the suit which lasted 10 years from the Lagos State High Court to the NICN.

    Justice Oyewunmi ordered that the sums be paid by the second and third defendants, “except the issue of costs which is to be paid by all the defendants.

    ” The judge ordered MTN to make the payments within 30 days following which the sums would appreciate at 21 percent interest per annum. In reaching judgment, the court agreed with the submissions of Odunewu’s counsel, Mr Kemi Balogun (SAN) that MTN unfairly imposed a restraint of trade on Odunewu, thus preventing him from working for a period.

    The judge upheld Mr Balogun’s submission that the evidence showed that Odunewu neither committed any serious, persistent breach of the provisions of the agreement or the company’s code, nor was ever summoned to a disciplinary committee or found guilty of any misconduct or non-performance.

    Justice Oyewunmi observed, among others, that the defendants failed to controvert the testimony of a former MTN Chief Executive Officer, Mr Adrian Wood, regarding the offers made to Odunewu which persuaded him to quit his job in The United Kingdom and join MTN. Odunewu, a UK-based chartered engineer, was employed by MTN Nigeria in 2001.

    He said MTN pleaded with him to return home from the UK and help the company to develop its telecommunications in Nigeria. He averred that he was promised, among others, a Share Option, a long-term incentive scheme being developed by MTN.

    Odunewu said when he complained that the Share Option was not contained in his offer letter, MTN persuaded him to accept the job, adding that he would be entitled to the shares after three years.

    Odunewu said he worked at MTN for over four years, and was responsible for the network’s outstanding achievements, which continues till date.

    The former manager said he was responsible for the company’s pre-paid and post-paid revenue, subscription, voucher management and real-time charging.

    Odunewu commenced the suit against the defendants in 2007 before the High Court of Lagos State, but in 2012, it was transferred to and began afresh at NICN which had exclusive jurisdiction. Trial commenced on January 29, 2014.

     

  • Court sentence man to death by hanging for killing father

    A Plateau State High Court on Friday sentenced a 20-year-old man, Ponjul Yakubu, to death by hanging, for shooting his father to death.

    The News Agency of Nigeria (NAN) reports that Justice A.I. Ashoms gave the sentence after he found Yakubu guilty of a one-count charge of culpable homicide, punishable with death under section 221 of the Penal Code.

    “Going by the findings of this court, you, Ponjul Yakubu, mercilessly took the life of your father, Mr Domsing Yakubu, in cold blood.

    “You have, however, shown remorse and appeared sober throughout your trial; however, this sentence is mandatory as the law states that any person convicted of murder shall be punished with death by hanging.

    “The sentence of this court upon you is that you, Ponjul Yakubu, will be hanged until you are dead. May God have mercy on your soul,” he declared.

    NAN reports that Yakubu was arraigned on July 8, 2015, to face a one-count charge of culpable homicide punishable with death, after allegedly committing the crime on May 5, 2015.

    Yakubu was specifically accused of using his father’s dane gun to kill him (father), while the old man was taking an afternoon nap under a tree in their home at Dorowa, in Vwang Gwong Village, Shendam Local Government, Plateau State.

    When Yakubu appeared in court, however, he pleaded not guilty to the allegation of killing his father.

    The Prosecution Counsel, Mr Gideon Azi of the Plateau State Ministry of Justice, who investigated the matter, however, told the court that Yakubu had confessed to killing his father for refusing to buy a motorcycle for him.

    “He (Yakubu) confessed that he returned home on the said date and found his father sleeping on a mat under a tree, went into his (father)’s room, took his loaded gun and shot him at close range,” Azi told the court.

    Azi submitted Yakubu’s confessional statement to the court as evidence, and quoted the accused as saying that he committed the crime alone.

    Yakubu promptly owned up to the statement that bore his thumbprint.

    Azi further quoted the accused as saying that his father, after harvesting about a thousand tubers of yam and several bags of maize and millet, promised to buy a motorcycle for him after selling them.

    The accused was further quoted as saying that his father sold the farm produce without consulting him, and also refused to buy the motorcycle as promised, an action that provoked him into killing him.

    Speaking to NAN after the judgement, Mr Singa Zhatau, the Defense Counsel, said that the judgement was right in view of the evidence presented in the court.

    “Before taking any further step to appeal, I want to state that the reasoning in this judgement is valid.

    “Justice is a three-way traffic – justice for the state, the accused and the victim.

    “I believe that this judgement would further reassure the society that justice can be obtained in the courts.

    “This confidence building will go a long way in addressing the rampant instances of jungle justice that are becoming common in the country,” he said.

     

    NAN

  • Court jails man for 3 months for stealing 2 rams

    Court jails man for 3 months for stealing 2 rams

    A Grade 1 Area Court in Karu, Abuja, on Friday sentenced a man, Musa Victor, to three months imprisonment for stealing two rams.

    Victor, of no fixed address, had pleaded guilty to a count charge of theft and begged for leniency.

    The Judge, Mr Hassan Ishaq, however, gave the convict an option of N7,000 fine.

    Ishaq also ordered the convict to assist the Police to locate the owner of the rams.

    The Prosecutor, Vincent Osuji, had told the court that one Habibu Usman of Abattoir Market Association, Karu, reported the case at Karu Police Station on Sept. 28.

    Osuji said that the convict went to the abattoir with two rams, looking for a buyer.

    He said that when Victor was questioned how he came about the rams he could not give any satisfactory reply.

    He said the convict was arrested and taken to the association’s office where he confessed he stole the rams from an undisclosed location in Kuruduma, Abuja.

    The prosecutor said the offence contravened Section 287 of the Penal Code.

  • Court insists Patience Jonathan must speak on $15.6m in Skye Bank

    Court insists Patience Jonathan must speak on $15.6m in Skye Bank

    The Federal High Court in Lagos Thursday adjourned hearing of Mrs Patience Jonathan’s suit seeking to unfreeze her $15.591million in Skye Bank till November 2.

    Justice Mohammed Idris in his ruling, insisted that Mrs Jonathan and other parties must give oral evidence on the ownership of the money.

    According to him, all the defendants’ counter-affidavits contained disputed facts that could not be decided without oral evidence.

    “In my view, the facts are contentious, and oral evidence needs to be led by the parties herein. In the light of the above facts, this case is generally not suitable for an originating summons procedure.

    “In the circumstances, the court hereby orders that the parties herein file pleadings in accordance with the Federal High Court Civil Procedure Rules 2009 and trial shall then proceed accordingly,” Justice Idris held.

    The EFCC had urged the court not to unfreeze the accounts because the money was suspected to be “proceed of crime”.

    Skye Bank Plc, Jonathan’s former aide Waripamo-Owei Dudafa, Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Trans Ocean Property and Investment Company Ltd and Avalon Global Property Development Ltd are the other respondents.

    The companies, through their representatives, had pleaded guilty to laundering the money last September 15 when they were arraigned before Justice Babs Kuewumi of the same court.

    They were charged along with Dudafa, Briggs and a banker, Adedamola Bolodeoku, for allegedly laundering the money.

  • Court rejects Fani-Kayode’s bid to transfer money laundering trial to Abuja

    A Federal High Court in Lagos on Tuesday, dismissed an application by a former Minister of Aviation, Femi Fani-Kayode, seeking transfer of a money laundering case against him.

    Fani-Kayode, who was also the Chairman of Media and Publicity Committee of the Peoples Democratic Party (PDP) Campaign Organisation during the 2015 general election, is standing trial alongside a former Minister of State for Finance, Nenadi Usman.

    Also joined as defendants are – former National Chairman of the Association of Local Government in Nigeria ( ALGON ), Yusuf Danjuma, and a company, Jointrust Dimensions Limited.

    The accused were arraigned by The Economic and Financial Crimes Commission ( EFCC ) on a 17- count charge of money laundering.

    Fani-Kayode and others allegedly laundered N4.6billion, according to the EFCC.

    The Commission alleged they committed the offences between January and March 2015.

    In counts one to seven, they were alleged to have unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of proceeds of corruption.

    In counts eight to 14, the accused allegedly used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.

    Meanwhile, in counts 15 to 17 Fani-Kayode and one Olubode Oke, who is said to be at large, allegedly made cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.

    Besides, Fani-Kayode allegedly made payments to one Paste Poster Co (PPC) of No 125 Lewis Street, Lagos, in excess of amounts allowed by law.

    EFCC alleged the offences contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money laundering (prohibition) (Amendment) Act, 2012 and punishable under same.

    The accused persons pleaded not guilty to the charges.

    The accused were first arraigned on June 28, 2016, before Justice Muslim Hassan of the same court, but the judge withdrew from the suit on March 16, this year following an application by Fani-Kayode, citing likely bias by the judge.

    The case was thereafter, re-assigned to Justice Mohammed Aikawa and the accused were re-arraigned on the same charges.

    At the last adjourned date on June 21, defence counsel, Mr Norrisson Quakers, SAN, had prayed the court to transfer the case to its Abuja division, arguing that the court lacked jurisdiction to adjudicate on the matter.

    Quakers argued that the facts of the case showed that all the transactions carried out by the accused as Director of Media and Publicity of the Goodluck Jonathan Campaign Organisation, took place in Abuja.

    Besides, he had argued that the accused resides in Abuja and had another ongoing trial at the Federal High Court in Abuja.

    But EFCC’s lawyer, Mr Rotimi Oyedepo, opposed the application and urged the court to refuse it on the grounds that the transactions as well as cheques and receipts in furtherance of same, were done in Lagos.

    Oyedepo thereafter urged the court to dismiss the application for transfer and described it as a mere waste of the court’s time.

    At the resumed hearing on Tuesday, Justice Aikawa, in his ruling, held that some of the authorities cited by defence counsel were delivered before the enactment of the Administration of Criminal Justice Act, 2015, which he noted had provided exceptions to the issues of venue of court.

    “In the case before me, the prosecution avers in its counter affidavit that “the sum of N30 million was paid to PW1 (Olusegun Idowu) of Paste Posters Company Ltd, who has his office in Lagos”.

    “This, in my view shows that all facts leading to the transaction were done in Lagos, and only evidence will prove otherwise.

    “In the light of all these, it is clear that the facts and circumstances of this case fall within the exceptions of the law regarding criminal trials.

    “There is no justification to warrant a transfer of this case to Abuja; the interest of justice requires that the trial of this case continues in this court.

    “This application hereby fails and is accordingly dismissed,” he ruled.

    The court also ruled on an application for objection raised by defence counsel on the last adjourned date, challenging the tendering of photocopies of payment receipts by PW1, who began giving testimony on June 7.

    Aikawa held that it was not the business of the court to concern itself with whether or not a document is original, so long as the document sought to be tendered, is duly certified.

    The court accordingly, dismissed the objections, admitted the receipts in evidence and marked same as exhibits 3 and 3A respectively.

    The court then called on the prosecution to continue with the examination of his first witness.

    Meanwhile, defence counsel, Quakers, sought for an adjournment to enable him to study the exhibits and prepare his cross-examination.

    The court granted the request and adjourned the case to Sept 27 for cross-examination and continuation of trial.

  • Police arrest 34 Peace Corps members, to be be charged to court for fraud

    The Lagos State Police Command, on Friday said it had arrested 34 officials of the Peace Corp organisation.

    The Peace Corps is currently a non-governmental organisation that tends to work as a paramilitary organisation. The Nigerian parliament recently passed a bill to transform the organisation to a government para-military agency despite the opposition of existing military and security agencies. The presidency is, however, yet to assent to the bill.

    The Peace Corps and its national leaders are currently being prosecuted by the police for alleged fraud.

    The spokesman of the Lagos Police, Olarinde Famous-Cole, announced the arrest of the 34 officials to journalists.

    The arrested officials, according to Mr. Famous-Cole, will be charged to a mobile court on Saturday.

    “The command has arrested 34 members of the Peace Corp.

    “The organization is illegal, therefore the command would charge the suspects to a mobile court tomorrow,” he said.

     

  • Court dissolves ex-Super Eagles coach, Onigbinde’s 30-year marriage

    Former Super Eagles Coach, Chief Adegboye Onigbinde has approached a Customary Court in Ibadan to dissolve his 30-year-old marriage to his wife Anne over irreconcilable differences.

    The former Super Eagles boss said his wife was wasteful while also foments trouble all the time.

    While delivering his ruling, president of the court, Ademola Odunade, directed the veteran coach to give N5,000 to his former wife to enable her to move her belongings out of his house.

    Onigbinde had pleaded with the court that at 79, he could not continue to “die in silence” because of Anne’s problems, although Anne pleaded to the court to allow the marriage to stay.

    He said, “My lord, with my 79 years of age, I cannot continue to die in silence of Anne’s litany of problems. Among many other troubles I have encountered in the hands of Anne, I have also suffered uncountable financial losses during the process of trying to give Anne means of livelihood so that she wouldn’t be idle.

    “On three separate occasions, I have established business ventures for her and on each occasion, Anne wrecked the businesses. I can’t continue in such wastage. For many years, Anne has been a thorn in my flesh through ceaseless trouble-making as it is one day, one trouble in my home. Can you imagine that it was not until only one week to the wedding ceremony of the only daughter she had with me that she informed me? In fact, Anne has openly turned her daughter against me because she doesn’t take any instructions from me.”

    Onigbinde said Anne no longer had good relationship with his other children, He also accused Anne and her daughter of failing to sympathise with him when he lost his younger brother.

    “The list of her misbehaviour is endless, please terminate our union,” said Onigbinde.

    In denying the allegations, Anne told the court that the former FIFA instructor changed after he married another wife 10 years ago, stressing that she had made attempts to manage the marital crisis but got frustrated by Onigbinde’s behaviour.

    She said, “In the interest of the child between us, I have nowhere to go, please, help save my marriage. I have done everything possible to please my husband, but he is refusing to be pacified. Ever since he got married to another wife 10 years ago, things have changed from bad to worse, as I no longer know how to do things in his presence. My lord, it was never in our agreement to be parting ways in this manner.”