TheNewsGuru

Tag: Court

  • $20m fraud: Court orders Patience Jonathan to pay EFCC N50,000

    $20m fraud: Court orders Patience Jonathan to pay EFCC N50,000

    A Federal High Court sitting in Port Harcourt, Rivers State, on Monday ordered Former First Lady, Patience Jonathan, to pay N50, 000 to the Economic and Financial Crimes Commission, EFCC, after she withdrew her suit against the Commission.

    TheNewsGuru.com reports that Patience had in February sued the EFCC for the alleged breach of her fundamental human rights.

    She asked Justice Saliu Saidu to declare that the freezing of her $20m bank accounts and those of her relatives by the anti-graft agency as a gross violation of her rights to fair hearing and to own property.

    Mrs. Jonathan asked the court to rule that the ransacking of her family property by the officials of the EFCC was illegal and also demanded the payment of N2bn in damages.

    The plaintiff through her counsel, I. A. Adedipe (SAN), had prayed the court to restrain the EFCC from infringing on her right.

    Counsel for the EFCC, Kayode Oni, faulted Mrs. Jonathan on her prayers before the court, arguing that her suit was “an abuse of court process.”

    At the resumed hearing of the matter on Monday, Sammie Somiari who represented Mrs. Jonathan addressed the court on a notice of discontinuance of the suit, saying that he had “an instruction of his client to discontinue the matter.”

    He said that an application had been filed before the court to that effect.

    In response, Oni submitted that Patience had a right of discontinue the case, but pressed for a charge of N500,000 as the cost of filing processes in response to the suit.

    The judge refused to grant the EFCC’s N500,000 request.

    Justice Seidu struck out the suit and awarded N50,000 cost against the plaintiff.

  • I married HIV positive wife out of love, man tells court

    A businessman, Emeka Ndu, on Tuesday told a Jikwoyi Customary Court, Abuja, that he `blindly married an HIV-positive wife out of love.’

    Ndu was responding to a divorce petition filed by his wife, Ella.

    “Before we got married, I and my wife went for a HIV test, my wife tested positive, while I tested negative.

    “Because of the love I had for her, I still went ahead to marry her against the advice l got from some of her family members,’’ he said.

    He stated that he was warned not to marry her because of her attitude, that if he did, he would surely regret it, but that too did not stop him.

    Ndu told the court that he started taking care of his wife from when she was in Senior Secondary School (SSS1), paying her rents and school fees up to the university level.

    He said that all he could get from his wife as a reward for his love was infidelity.

    “My wife brings her lovers into our matrimonial home and makes love to them.

    “My children and my workers confirmed it, that it happens mostly at weekends when I have gone to school,’’ he said.

    He also said that his wife was not trustworthy and she “exhibits characters unbecoming of a responsible married woman.

    “The series of problems that l am having with my wife always bother on infidelity, betrayal and lies,” he said.

    The respondent also said that when his wife was in charge of his shop, there was always a shortage of cash which she cannot account for.

    “One day I saw a receipt of a landed property bought by my wife, yet she did not have any other source of income except my shop,” he said.

    Ndu said that his had bad influence on the children, adding “since she left the house, my children have been winning awards in church.’’

    He prayed the court to grant him custody of the children.

    Ella Ndu, the petitioner, who was also present in court, denied all the allegations and prayed the court not to grant her husband the custody of the children.

    The judge, Mr Everyman Eleanya, adjourned the case until July 13, for further hearing.

     

     

    NAN

  • Imported 661 rifles: Court to rule on bails of 5 accused persons July 6

    The five men, charged with illegally importing 661 pump-action rifles into the country in a 40-ft container, are to remain in prison as a Federal High Court, Lagos, has fixed July 6 for ruling on their bail applications.

    The accused are Mahmud Hassan, Oscar Okafor, Donatus Achinulo, Matthew Okoye (who is said be at large), and Salihu Danjuma.

    They were arraigned before Justice Ayokunle Faji on June 14 on an eight-count charge bordering on conspiracy, importation of prohibited firearms, forgery, uttering of forged documents and bribery.

    They had pleaded not guilty to the charges.

    But at the resumed hearing of the case on Monday, the Defence team of Mr Yakubu Galadima, Mr Godwin Okaka, Mr Olumide Oyewole and Mr Adamu Ibrahim, applied for bails on behalf of the accused.

    They urged the court to grant the accused bail on liberal terms, adding that they will not absent in court for trial.

    Meanwhile, the prosecutor from the office of the Attorney-General of the Federation, Mr K. A. Fagbemi, opposed the application for bail and urged the court to dismiss it.

    Fagbemi pointed out that one of the accused is still at large and that it would be unsafe for the other accused to be released on bail as their lives might be at risk.

    Justice Faji then adjourned until July 6 for ruling on the application for bail.

    The prosecution alleged that the accused brought the firearms into the country from Turkey through the Apapa Port in Lagos, using a 40-ft container.

    It alleged that the accused had earlier falsely claimed that the consignment was steel doors.

    It said that the accused allegedly forged a number of documents including a bill of lading, a Form M and a pre-arrival assessment report to facilitate the illegal importation.

    According to the prosecution, in order to evade payment of customs duty, the accused allegedly forged a bill of lading issued at Istanbul on Jan. 9 and claimed that it was issued at Shanghai, China.

    In the forged bill of lading, they allegedly filled “steel doors” as the content of the container instead of rifles.

    They were also alleged to have offered a N400,000 bribe to an official of the Nigeria Customs Service attached to the Federal Operations Unit not to conduct a thorough search on the 40-feet container.

    The prosecution also alleged that the first accused (Hassan), corruptly gave N1 million to government officials at the Apapa Port in order to prevent the search of the container by Customs officials.

    The accused had between 2012 and 2016 illegally imported several double-barreled shotguns, pump-action rifles and single-barreled shotguns into the country, the prosecutor said.

    The offences contravened the provisions of Sections 1(2), (c), 1(14) (a), (i) and 3(6) of the Miscellaneous Offences Act, Laws of the Federation 2014.

     

     

    NAN

  • Building collapse: Lagos arraigns Lekki Gardens MD, others for manslaughter

    Building collapse: Lagos arraigns Lekki Gardens MD, others for manslaughter

    The Lagos State Government on Monday arraigned the Managing Director of Lekki Gardens Estate Limited, Mr Richard Nyong before a Lagos High Court in Igbosere over alleged complicity in the events leading to the collapse of a building in Lekki area of the State on March 10, 2016.

    Nyong was arraigned alongside others before Justice Sybil Nwaka over alleged negligence resulting in the collapse of the building which reportedly killed 34 people.

    Other defendants are Lekki Gardens’ Executive Director, Mr Sola Olumofe; the firm’s contractor, Odofin Henry Taiwo; Omolabake Mortune, Omotilewa Oluwatosin Joseph, Lekki Gardens, Get Too Rich Investment Limited and HC Insight Solution Limited.

    Before the arraignment of the defendants, Justice Nwaka had ruled on an application contending the suitability of the criminal charges against the defendants on the ground that there was no seal of the counsel to the prosecution on the information as required.

    The Court held that the contention was a simple matter that only required a directive for the prosecution to affix the seal on the charges, and thereafter ordered the prosecution to do so, a directive which the prosecution led by the Lagos State Attorney General and Commissioner for Justice, Mr Adeniji Kazeem immediately complied with.

    After the charges were read to them, the defendants pleaded not guilty, while their lawyers including Bode Olanipekun and George Oguntade (SAN) urged the court to allow the defendants to continue enjoying the previous bail granted to them.

    In response, Kazeem said in as much as the court was now seized of the matter, it was important for conditions that would ensure the presence of the defendants for trial to be imposed.

    Executive Director, Lekki Gardens Estate Limited, Mr Sola Olumofe, after his arraignment before the Lagos High Court, Igbosere by the State Government on Monday.

    In her ruling, Justice Nwaka ruled that the defendants except the second defendant (Olumofe) should continue enjoying their formal bail conditions, but added that they should deposit their international passports with the court.

    With respect to Olumofe, who is an Executive Director of Lekki Gardens, Justice Nwaka granted bail to him in the sum of N100, 000 and two sureties in the like sum. The sureties, according to the court, must be gainfully employed, while the Lagos State Directorate of Public Prosecution (DPP) must verify the sureties.

    The court also ordered Olumofe to deposit his international passport, while he is to be remanded in prison pending the perfection of his bail conditions.

    Tragedy had struck on 10 March, 2016 when a six-storey building under construction by Lekki Gardens in Lekki area of the State collapsed and killed 34 people.

    The developer was said to have added additional floor to the building against what was approved by government for construction.

    Specifically, the defendants are facing six-count charges for failure to obtain building approval for the collapsed building and involuntary manslaughter, offences contrary to and punishable under Section 75 (1) of the Urban and Regional Planning and Development Law of Lagos State 2010, and Section 229 of Criminal Law of Lagos State, 2015 respectively.

    The government also listed some of the victims to include William Akpati (M), Kazeem Ilesanmi (M), Raphael Ezeh (M), Saminu Umar (M) and Sunday Ezeh (M).

    The matter has been adjourned to October 26 and 30, 2017 for definite hearing.

  • Why I choose to defend Evans in court – Ogungbeje

    …Says he consulted widely before taking up the case

    Lagos-based lawyer, Olukoya Ogungbeje who is defending suspected kidnapper Chukwudubem Onwuamadike, a.k.a Evans has explained why he chose to take up the case despite negative public perceptions.

    Ogungbeje who spoke with The Sun accused a section of the media, as well as many Nigerians of being ignorant of the law.

    He noted that it was settled in law that “no matter the bases of the complaints of the cause of your crime, no matter how unpopular is the cause of your crime, no matter how bad is the cause of your crime, the legal practitioner has a duty to take up the cause, if he’s properly briefed and provided that person represents his client within the bounds of law.

    “That is my answer to your question. So, no matter the public opinion, I have the responsibility to take up the matter. We were properly briefed. So, our action is based on law.

    “And we want to represent our client within the bounds of law, within the confines of law.

    “So, if you for instance, you’re a journalist, if you brief me… you don’t want me to take up your cause, because people are saying negative things about you, or because people have condemned you and found you guilty before the media, that I should not take up your case?

    “Look, let me tell you right away. We were briefed two weeks ago. And I told them to give me two weeks to think, whether I would take up the brief or not. I did my consultations.

    “We consulted even journalists, you can go and make enquiries. I consulted my people. I consulted senior lawyers. So, have I done what is wrong by taking the cause of my clients? Forget what people say in the court of public of opinion,Ogungbeje said.

    TheNewsGuru.com reports that the billionaire kingpin was arrested in Lagos on Saturday, June 10 while preparing to travel out of the country. The arrest was carried out by the Intelligence Response Team (IRT) and led by ACP Abba Kyari.

  • We have court’s order to detain Evans for 90 days – ACP, Abba Kyari

    The Assistant Commissioner of Police (ACP), Abba Kyari, has said the police obtained the court’s backing to detain the kidnap kingpin, Chukwudumeme Onwuamadike popularly known as Evans, for 90 days.

    He said the detention warrant was obtained on June 21, 2017, contrary to insinuations in some quarters that Evans was being illegally held by the police

    Kyari explained to newsmen on Friday that the detention was obtained to allow for thorough investigation of the Evans.

    In his words: “All those who want Evans released did not know that the police had obtained a 90-day warrant to detain him.

    “We envisaged that they would do that, hence we beat them to it.”

    TheNewsGuru.com reports that Evans recently dragged the Inspector General of Police, Ibrahim Idris before the Federal High Court in Lagos over his alleged illegal detention.

    He prayed the court to order his immediate release if they cannot arraign him in court immediately.

    TheNewsGuru.com reports that Evans again on Thursday filed another fresh suit against the Inspector General of Police, and three others at a Federal High Court in Lagos.

    In the new suit, Evans is claiming N300 million as general and exemplary damages against the police for “illegal detention and unconstitutional media trial”.

    TheNewsGuru.com reports that the billionaire kingpin was arrested in Lagos on Saturday, June 10 while preparing to travel out of the country. The arrest was carried out by the Intelligence Response Team (IRT) and led by ACP Abba Kyari.

     

  • News Hour 28-06-2017 I TNGtv

  • Tragic! Court sentences eight-week-old baby to death

    European Human Rights Court has given its verdict on a case of human rights that will compel a couple to allow their sick baby to die.

    The parents of the baby Chris Gard and Connie Yates have been in a long legal battle to save their baby who is suffering from a serious genetic illness.

    The baby is currently on life support while treatment options were being considered.

    At 8 weeks old, Charlie was diagnosed with mitochondrial DNA depletion syndrome and is considered to be only one of 16 babies worldwide with this disease.

    His condition is progressive and currently incurable and eventually fatal.

    Meanwhile, doctors are developing treatments for the various mitochondrial conditions, including the nucleoside treatment Charlie’s parents have been fighting for.

    Charlie’s parents prayed the court to determine if they, as parents, have the right to continue to provide medical treatments for their son or if he should be allowed to die

    The parents of the 10-months old baby want the court to let them use a potentially life-saving drug from the U.S. on their son.

    They believed that the drug (which is still experimental), would help their son’s genetic condition rather than allow him to die as doctors have recommended.

    However, a June 27 ruling of the court held that the application by the parents was ‘inadmissible’.

    The court said that the baby was being exposed to continued pain, suffering and distress in pursuit of treatments that were unsure.

    It added that any additional treatment would continue to cause harm to the baby stressing that its ruling is “Final”.

    “The EHRC also removed the interim measure to keep Charlie’s life support in place.

    A spokesman for Great Ormond Street Hospital, where Charlie has been treated since October, has told the parents that there is “no rush” to remove Charlie’s life support.

    The spokesman said that any future treatment will involve careful planning and discussion.”

    The hospital has said that though there is a deadline in place for Charlie, they wouldn’t have to follow it exactly. The discussion and planning will take some days to work out.

    Meanwhile, Charlie’s parents have so far raised over £1.3 million through a GoFundMe account for his treatment.

    With the ruling of the court, the parents are unsure what they want to do with the money.

    They plan to donate some to the U.S. hospital willing to treat Charlie, while the rest will be put into a charity for other children with similar mitochondrial conditions “so that nobody else ever has to go through what we have.”

    She said, “We’d like to save other babies and children because these medications have been proven to work and we honestly have so much belief in them.”

     

     

    NAN

  • Evans drags Police IG, 3 others to court over prolonged detention

    Billionaire kidnapper, Chukwudumeme Onwuamadike a.k.a. Evans, has dragged the Inspector General of Police, Ibrahim Idris before the Federal High Court in Lagos over alleged illegal detention.

    Joined as respondents in the motion he filed by his lawyers are the Nigeria Police Force, Commissioner of Police, Lagos State and the Special Anti-Robbery Squad, Lagos State Police Command.

    In a fundamental rights enforcement suit filed on his behalf by a Lagos-based lawyer, Olukoya Ogungbeje, the suspected kidnapper is praying for the order of court to direct the respondents to immediately charge him to court if there is any case against him in accordance with Sections 35 (1) (c) (3) (4) (5) (a) (b) and 36 of the 1999 Constitution of the Federal Republic of Nigeria.

    In the alternative, he prayed the court for an order compelling the respondents to immediately release him unconditionally in the absence of any offence that will warrant his being charged to court.

    Also READ: We are under pressure to release billionaire kidnapper, Evans

    Meanwhile, the Inspector General of Police, Ibrahim Idris, is advocating for the imposition of death sentence on convicted kidnappers as a deterrent for others who might want to embark on the heinous crime in future.

    The IGP, speaking at a dialogue session he held with Civil Society Organisations (CSOs), under the umbrella of Situation Room, in Abuja on Friday, said the case of recently apprehended kidnap kingpin, Chukwudidumeme Onuamadike, a.k.a Evans, should be used to set an example.

    Idris lamented that Evans “has changed the face of kidnapping in this country”, saying the fact that he collected $1million ransom on six different occasions, was enough to lure some youths into the evil act.

    The police boss stated that the existing laws on kidnapping needed to be reviewed to ensure stiffer punishment for culprits.

    “We should start looking at punishment and the possibility of establishing special courts to address issues of kidnapping.

    “On daily basis we are arresting hundreds of suspects. We should look for a way to review our laws and impose sanctions like we have in some states like Anambra, Lagos, Kano and Imo.

    “We need to review those punishments, we should have a time frame for conclusion of trial of suspects.

  • Court sets aside $2.5b judgment by Shell, Esso against NNPC

    Court sets aside $2.5b judgment by Shell, Esso against NNPC

    The Court of Appeal in Abuja has set aside a portion of an arbitral award got by Shell Nigeria Exploration and Production Limited (Shell) and Esso Exploration and production Limited (Esso) against the Nigerian National Petroleum Corporation (NNPC).

    By the portion of the award, made by an arbitration tribunal in Lagos on October 24, 2011, NNPC was ordered among others, to pay Shell and Esso over $2.5billion for abusing a Production Sharing Contract (PSC) between them in relation to the operation of an oil filed identified as Erha Deepwater Project.

    Shell and Esso particularly, accused NNPC of assuming their responsibilities, under the PSC, including determining what should be paid to the Nigerian government as petroleum profit tax (PPT), and that in so doing, NNPC over lifted petroleum products valued at $1,207,500,000 to pay its unilaterally assessed tax on their behalf (Shell and Esso).

    On learning about the Shell and Esso case against NNPC, which will require it to refund the tax paid to it by NNPC on behalf of Shell and Esso, the Federal Inland Revenue Service (FIRS) went before the Federal High Court in Abuja, in suit No: FHC/AB/CS/764/11, to challenge the aspect of the arbitral proceedings relating to tax issues.

    The arbitration tribunal, at the end of its proceedings on October 24, 211, ordered NNPC to pay Esso and Shell $1,799,000,000, “with simple interest at the rate of 30-day LIBOR plus 4per cent from December 17, 2007 (the date of breach) until April 30, 2011,” estimated at $243,000,000.

    It asked NNPC to pay another “simple interest at the rate of 30-day LIBOR plus 4per cent on the $1,799,000,000 from April 30, 2011 up until the date of payment;” and a further “sum determined by the volume and value of over lifting by the respondent that has taken place since April 30, 2011 and until the date of this final award, plus simple interest at the rate of 30-day LIBOR plus 4per cent from April 30, 2011 up until the date of payment.”

    However, in his judgment on March 9, 2012 on the suit by FIRS, Justice Adamu Bello (now retired) of the Federal High Court, Abuja set aside the October 24, 2011 arbitral award/judgment on the ground that the arbitration tribunal lacked the jurisdiction to have entertained dispute relating to tax, a decision Shell and Esso appealed to the Court of Appeal, Abuja.

    The Court of Appeal, in a unanimous judgment of a three-man panel on March 10 this year, a copy of which The Nation accessed last Friday, set aside the monetary award against NNPC, held that oil companies lacked the power to determine what profit tax to pay and that such responsibilities reside solely with the FIRS under the country’s laws.