TheNewsGuru

Tag: Court

  • Court rules today on Diezani’s ‘hidden’ N7.6bn

    Court rules today on Diezani’s ‘hidden’ N7.6bn

    The Federal High Court in Lagos will today decide whether the N7,646,700,000 allegedly hidden in Sterling Bank Plc by a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, can be permanently forfeited to the Federal Government.

    TheNewsGuru.com reports that the vacation judge, Justice Chuka Obiozor had on August 9, 2017,granted an order temporarily forfeiting the money to the Federal Government.

    Justice Obiozor’s order followed an ex parte application argued before him by the Economic and Financial Crimes Commission (EFCC).

    He adjourned till today for the bank and any other interested party to appear before him to show cause why the funds should not be permanently forfeited to the Federal Government.

    The EFCC told the judge that the N7.6 billion was part of a sum of $153,310,000, which Mrs. Alison-Madueke allegedly siphoned from the coffers of the Nigerian National Petroleum Corporation (NNPC) sometime in 2014.

    The anti-graft agency said she stashed the money in three banks, adding that the Federal Government had since February last year, through an order by Justice Muslim Hassan of the Federal High Court, Lagos recovered part of the money from the other banks.

    The anti-graft agency recalled that the Federal Government had recovered N23.4 billion, $5 million and another N9.08 billion of the $153.3m million.

    It urged the court to order Sterling Bank to deliver up to the Federal Government the N7.6 billion still in its custody.

    In an eight-paragraph affidavit, an operative of the EFCC, Usman Zakari, averred that the former Petroleum Minister laundered the money in connivance with other officials of the NNPC.

    On August 7, 2017, Justice Obiozor ordered the permanent forfeiture to the Federal Government of a $37.5million Banana Island property allegedly bought in 2013 by Mrs. Alison-Madueke.

    The property designated as Building 3, Block B, Bella Vista Plot 1, Zone N, Federal Government Layout, Banana Island Foreshore Estate, consists of 24 apartments, 18 flats and six penthouses.

    The judge also ordered that $2,740,197.96 and N84,537,840.70 realised as rent on the property be permanently forfeited to the government.

    Last Tuesday, the Federal High Court in Lagos ordered the interim forfeiture of 56 houses allegedly bought between 2011 and 2013 for $21,982,224 (N3,320,000,000) by Diezani.

    Justice Abdulaziz Anka adjourned till September 8 for anyone to show cause why the properties should not be permanently forfeited to the Federal Government.

     

  • Send Nnamdi Kanu back to jail, FG tells Court

    Send Nnamdi Kanu back to jail, FG tells Court

    The Federal Government has asked the court to revoke the bail granted leader of the Indigenous People Of Biafra, IPOB, Nnamdi Kanu.

    According to a statement by the office of the Attorney General, Abubakar Malami, on Friday, the Nigerian government also asked the court to order the arrest and detention of Mr. Kanu, pending the determination of the charge against him.

    The statement which was signed by special assistant to Mr. Malami, Salihu Isah, cited disobedience of court orders, among other issues as grounds for the appeal.

    The Federal Government argued that the IPOB leader had not only breached the conditions attached to his bail but had conducted himself in manners that threaten public peace.

    TheNewsGuru.com recalls that Justice Binta Nyako had given stringent conditions that the embattled leader must abide by before and after leaving the prison premises. She particularly barred him (Kanu) from granting interviews, and being in gatherings of more than 10 persons, when she granted the IPOB leader bail.

    Kanu was granted bail on April 25, 2017, on health ground.

     

  • JUST IN: Court orders seizure of Diezani’s 56 houses worth N2.6b

    A Federal High Court in Lagos has ordered the interim forfeiture of 56 houses allegedly bought for $16,441,906 (N2.6billion) by a former Minister of Petroleum Resources, Diezani Alison-Madueke.

    Justice Abdulaziz Anka, a vacation judge, made the order following an ex parte application by a counsel for the Economic and Financial Crimes Commission (EFCC), Mr. Anselem Ozioko.

    The EFCC, in documents filed in court, described the properties as including 29 terraced houses, 21 mixed housing units, six flats, six apartments, two maisonettes among others, in Lagos, Port Harcourt and Abuja.

    Ozioko persuaded Justice Anka that Diezani paid $16,441,906 cash for the properties through several shell companies from the proceeds of suspected unlawful activity during her tenure as minister.

    The $16,441,906 was allegedly picked up from her house by bank officials via a pick-up service.

     

    Details later…

  • Court adjourns hearing on Olubadan chieftaincy review

    An Oyo State High Court on Monday adjourned hearing in the case filed by former governor of the state, Rashidi Ladoja, against the panel reviewing the Olubadan chieftaincy declaration till September 5.

    Ladoja, who is the Osi Olubadan of Ibadanland, asked the court to set aside the report submitted to Governor Abiola Ajimobi by the Justice O.A Akintunde – led Judicial Commission of Inquiry on the review.

    The panel, which was inaugurated on May 19 with the mandate to, among others, review the process leading to the emergence of the Olubadan of Ibadanland, submitted its report to the governor on Friday.

    It recommended the crowning of 32 obas in Ibadan with the Olubadan as the paramount ruler.

    Lead counsel to Ladoja, Mr. Michael Lana, in a motion filed before Justice M.I Sule, asked the court to nullify the proceedings of the panel and its report.

    Lana also prayed the court to compel Justice Boade and members of the panel to appear before it to explain why they should not be punished for contempt.

    But the motion could not be moved as the state Attorney General and Commissioner for Justice, Mr. Oluwaseun Abimbola, who appeared for Governor Ajimobi, said the governor was yet to be served with the processes.

    But the application to have the Otun Olubadan of Ibadanland, High Chief Lekan Balogun, removed from the suit was moved by Lana.

    Balogun, who initially filed the suit with Ladoja, later opted out of the matter.

  • Hate speech, terrorism: FG, states agree on special courts to try suspects

    The Federal and state governments have agreed to designate special courts for the purposes of prosecuting purveyors of hate speeches as well as suspected terrorists and kidnappers.

    According to a statement made available to journalists in Abuja on Sunday by the Senior Special Assistant to the Vice-President on Media and Publicity, Mr. Laolu Akande, the decision was reached at a one-day National Security Retreat organised by the National Economic Council on Thursday.

    The council which is chaired by the Vice President has the 36 states governors, the Minister of the Federal Capital Territory and the Governor of the Central Bank of Nigeria as members.

    Akande said the retreat discussed concerns about the delay in the nation’s criminal justice system and NEC members concluded that prompt action by law enforcement agencies was imperative.

    In arriving at special courts for purveyors of hate speeches as well as suspected terrorists and kidnappers, he said it was resolved that the Federal Government would help states to develop a template for such courts.

    He said, “NEC members urged prompt action in the arrest and prosecution of perpetrators of terrorist acts, kidnapping and purveyors of hate speeches.

    “To facilitate this, the designation of special courts was also advocated and the consensus was that judicial and executive arms of the Federal and state governments will be working together to establish such courts.

    “The Federal Government will also be helping states develop a template on how such special courts would be established and managed.”

     

  • Biafra: Return Nnamdi Kanu to prison now – FG tells court

    Biafra: Return Nnamdi Kanu to prison now – FG tells court

    Sequel to his alleged breach of conditions attached to his bail, the Federal Government has demanded that the leader of the Indigenous People of Biafra, Nnamdi Kanu be returned to prison.

    The Government urged the Federal High Court sitting in Abuja to revoke the bail it granted Kanu.

    The Federal Government argued that the IPOB leader had not only breached the conditions attached to his bail but had conducted himself in manners that threaten public peace.

    TheNewsGuru.com recalls that Justice Binta Nyako had given stringent conditions that the embattled leader must abide by before and after leaving the prison premises. She particularly barred him (Kanu) from granting interviews, and being in gatherings of more than 10 persons, when she granted the IPOB leader bail.

    Kanu was granted bail on April 25, 2017 on health ground.

    It cited Kanu’s alleged threat that elections would not hold in South East states until the Fed Government conducts referendum on whether or not Biafra should secede and instances where the IPOB leader addressed crowd exceeding 10 and threatened civil disobedience, as against the court’s directive that he must not be seen in a crowd of over 10 people.

    This was part of a counter-motion, filed by Magaji Labaran of the Federal Ministry of Justice, urging the court to dismiss an application by Kanu, seeking a review of the bail conditions.

    The Federal Government said, “The offence for which he (Kanu) is standing trial is not ordinarily bailable; the court, not withstanding, granted bail to the 1st defendant/applicant (Kanu) on health grounds on 25th April 2017.

    “Among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file, in court, medical updates of his health status every month. The bail conditions were perfected by the 1stdefendant/applicant, which he is currently enjoying.

    “Rather than observing all the conditions listed above, the 1st defendant, in fragrant disobedience to the court order, flouted all conditions given by the court.

    “The 1st defendant equally incited his members to disrupt, disallow and boycott elections in South East states, starting with Anambra State gubernatorial election scheduled for November 18 if the Federal Government failed to hold referendum for the realisation of the state of Biafra.

    “The 1st defendant has already declared the bail conditions given by the court unconstitutional before approaching this court with the application for variation. Rather than showing remorse for his actions, the 1st defendant approached this court with an application for a review of the same conditions for the bail which he grossly flouted.

    “Considering the above, that the 1st applicant has violated the conditions on which the terms of his bail were premised, we urged this court to commit the defendant to prison by invoking the provision of Section 173(2)(B) of the Administration of Criminal Justice Act, 2015.

    “We categorically state that justice would have been denied the state by this court, if the state is not protected from the offences being perpetrated by the 1stdefendant/applicant, who is currently on bail.”

    TheNewsGuru.com recalls that Nnamdi Kanu and four others are being tried before the Federal High Court, Abuja on offences relating to conspiracy and treasonable felony.

    TheNewsGuru.com reports that Kanu during a rally in Enugu recently said he cannot be re-arrested because he has not flouted the bail conditions guiding his release from prison.

  • Lagos Court remands woman, 11 others over Ikeja “Ile-Zik” kidnappers’ den

    Twelve suspected kidnappers including a woman, arrested by the police in connection with a kidnappers’ den at Ile-Zik Bus Stop in Ikeja, were on Friday remanded at Ikoyi Prisons on the orders of a Lagos magistrate.

    Chief Magistrate Tajudeen Elias said the accused are to remain behind bars pending a legal advice from the State Director of Public Prosecutions (DPPs).

    The “Ile Zik 12 men” were brought before an Ebute Meta Chief Magistrates’ Court on a three-count charge of conspiracy, attempted kidnap and possession of arms and ammunition.

    TheNewsGuru.com reports that the bus stop is named after a four-storey building built by the first President of Nigeria, the late Dr Nnamidi Azikiwe.

    Barely a week before, another kidnappers’ hole was discovered at Ijaiye area on the Oshodi-Sango-Abeokuta Highway.

    The accused are Hakeem Ogundele, 32; Noah Samuel, 25; Ayomide Olatunji, 44; Felix Matthew, 34; American Obodoyibo, 42; Shola Elemo, 32; and Adijat Mudashiru, 32.

    Others are Tunde Akanji, 41; Adeoye Adekeye, 38; Patrick Onwubufor, 65, Samuel Iyede, 50; and Bright Amankwa, 36.

    Earlier, Sgt. Kehinde Omisakin, the police prosecutor, told the court that the accused committed the offences on Aug. 10 between 10.00 a.m. and 4.00 p.m. at Ile-Zik Bus Stop near Ajayi Farm in Ikeja on the Oshodi-Sango-Abeokuta Expressway.

    According to her, the 12 accused had conspired to kidnap some students of a nearby Girls Junior High School, but they luckily escaped.

    “Some school uniforms and notebooks of the students were found in possession of the accused.”

    Omisakin said one live ammunition, nine empty shells of expended ammunition, one kitchen knife and road maps were recovered from them.

    The accused pleaded innocence of the offences which contravened Sections 22, 330 and 411 of the Criminal Law of Lagos State, 2015.

    The case has been adjourned until Aug. 22.

     

     

    NAN

  • BREAKING: Fundamental rights suit: Billionaire kidnapper, Evans wins first case in court

    BREAKING: Fundamental rights suit: Billionaire kidnapper, Evans wins first case in court

    …as trial continues

    Justice Abdulaziz Anka of a Lagos Federal High Court on Wednesday ordered that the fundamental rights enforcement suit filed by billionaire kidnapper, Chukwudumeme Onwuamadike, also known as Evans against the Nigeria Police Force will proceed.

    Anka gave the ruling while dismissing the objections of counsel to the Nigeria Police Force, Emmanuel Eze, during proceedings in Evans’ N300m suit.

    The judge agreed with Counsel to Evans, Olukoya Ogungbeje that service on the first and second respondents in the case had been properly effected.

    The first and second respondents in the suit are the Inspector General of Police, the Nigeria Police Force. The other respondents are the Lagos State Police Commissioner and the Special Anti Robbery Squad, SARS.

    Justice Anka also ruled that leave was not required for the matter to be heard during vacation as Order 4 Rule 5 of the Fundamental Rights Enforcement Procedure Rules of 2009, enjoins the court to pursue speed and justice on issues of fundamental human rights.

    Evans, through his lawyer had filed a N300m lawsuit against the police, challenging his continued detention since June 10 without arraignment.

    The billionaire kidnapper is asking the court to award him N300m as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.

  • Court rules on Evans’ fundamental rights suit Wednesday

    The Federal High Court in Lagos has fixed Wednesday, August 16, to rule on whether or not it will proceed to hear the N300m fundamental rights enforcement suit filed by a suspected kidnap kingpin, Chukwudumeme Onwuamadike, a.k.a. Evans.

    TheNewsGuru.com reports that Evans, through his lawyer, Mr. Olukoya Ogungbeje, filed the suit to challenge his alleged unlawful detention by the police.

    He is contending that his detention in the police custody since June 10, 2017, without being charged to court is a violation of his fundamental rights under sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the Constitution.

    He wants the court to award N300m damages in his favour against the police.

    Joined as respondents in the suit are the Inspector-General of Police, the Nigeria Police Force, the Commissioner of Police, Lagos State and the Special Anti-Robbery Squad.

    When the matter was called on Tuesday before Justice Abdulaziz Anka, Evans’ lawyer, Ogungbeje, told the court that all the respondents had been served and that the suit was ripe for hearing.

    But countering him, counsel for the Lagos CP and SARS, Mr. Emmanuel Eze, said the IG and the Nigeria Police Force had not been duly served and as such the case could not be heard.

    He said despite the hint of the court, Ogungbeje had yet to go to Abuja to serve the court processes on the IG and the NPF in their personal capacities.

    Eze argued that Order 5 Rule 8 of the Fundamental Rights Enforcement Rules required that service of court papers on the IG and the NPF must be personal.

    Besides, he contended that Ogungbeje had not sought the leave of the court for the case to be heard during the court’s vacation.

    “Our submission is that they have not taken steps to clothe this court with jurisdiction to hear this case either during or after the court’s vacation,” Eze said.

    But Ogungbeje argued that by virtue of Order 5 Rule 2 of the Fundamental Rights Procedure Rules 2009, the IG and the NPF could be served through their agents and had thus been served through their legal offices at Alagbon, Lagos.

    “The 1st and 2nd defendants have been duly served by the bailiff of this court on the 29th of June, 2017. The proof of service, as done by the bailiff of this court, is in Your Lordship’s file. I urge Your Lordship to rely heavily on the proof of service in Your Lordship’s file,” Ogungbeje said.

    He argued further that Eze had no right to speak for the IG and the NPF since he did not announce appearance for them and did not file a counter-affidavit to contradict the proof of service.

    Urging the judge to go ahead and hear the application, Ogungbeje added that a defendant in a civil case could not be compelled to appear in court if he chose to stay away.

    “As we speak, the applicant is still in detention. The coast is clear and we urge Your Lordship to allow us to take this application,” Ogungbeje said.

    After taking arguments from both lawyers, Justice Anka adjourned till Wednesday for a ruling.

  • Theft at Jonathan’s home: Court grants N7m bail to dismissed policeman

    A Magistrate’s Court in Abuja on Tuesday granted bail in the sum of N7 million with one surety to a dismissed police officer, Musa Musa, who was arraigned for stealing former President Goodluck Jonathan’s property.

    Musa was also charged for mischief and theft, contrary to Section 353,326 and 288 of the Penal Code.

    The charge reads: “That you Musa Musa a dismissed police officer on July 5, 2017 unlawfully broke into the residence of former President Goodluck Ebele Jonathan situate at Gwarinpa within the jurisdiction of this honourable court and stole all the internal fittings, furniture, cloth, electrical fittings, water heaters, kitchen shelves, wardrobes, chandeliers, refrigerators, door and went further to steal canopies and hide same in the premises valued at N30 million belonging to the former president and thereby committed the above mention offences.”

    After the charge was read, the defendant pleaded not guilty to the one-count charge.

    The defence counsel, Mr. Gabriel Egbule, applied for bail pending the conclusion of the case.

    But, police prosecution counsel Mr. Stanley Nwodo opposed the bail application, saying that the case involved national security.

    Nwodo said: “Bail should not be granted to the defendant because it involves national security. The accused will jump bail if granted and there is no provision of reliable sureties.”

    He contended that granting bail would affect the trial of the case and contravene Section 1 of the ACJA.

    After listening to both parties, Chief Magistrate Marbel Bello granted the defendant bail in the sum of N7 million with one surety.

    “The surety should be a civil servant, who must be reliable.”

    Chief Magistrate Bello adjourned the matter till October 3.