Tag: Court

  • JUST IN: Court strikes out Independence Day bombing charge against Charles Okah

    JUST IN: Court strikes out Independence Day bombing charge against Charles Okah

    Justice Gabriel Kolawole of an Abuja Federal High Court, on Thursday struck out one of the charges the Federal Government leveled against the alleged mastermind of the 2010 Independence Day bombing, Charles Okah.

    The judge disclosed that the charge was dismissed because the said evidence cited in court did not prove a case of treason as contained in count one of the charge.

    He said the evidence did not prove that the then President, Goodluck Jonathan, who was at the Eagle Square at the time of the explosion was intimidated by the attack.

    Kolawaole held that the evidence failed to prove that Jonathan was sneaked out of the Eagle Square, venue of the 50th anniversary celebration of Nigeria’s independence.

    The judge held that the evidence cited by the prosecution failed to prove that governors who attended a meeting on March 15, 2010 in Warri, Delta State, where another blast occurred, were also intimidated.

    However, Justice Kolawaole also dismissed a no-case submission filed by Okah and other defendants.

    Okah now faces only terrorism charge.

    TheNewsGuru.com reports that the attack which was carried out against crowds celebrating the fiftieth anniversary (golden jubilee) of the nation’s independence in Abuja on the morning of October 1, 2010 left 12 dead and 17 injured.

  • Court nullifies marriage certificates issued by local council registries in Nigeria

    A Lagos High Court has ruled that marriage certificates issued by Local Government Council registries in the country are unconstitutional and illegal.

    Hon. Justice Ibironke Harrison of Lagos High Court, Igbosere Division, in a hearing on Monday, May 15, 2017, delivered a judgment declaring the marriage certificates issued by all local governments in the country illegal.

    The Judge also restrained the LGs from further issuance of ‘Local Government Unified Marriage Certificate’ to Nigerians.

    The judgment was delivered after Consumer Rights lawyer, Olumide Babalola, Esq. filed a case at the Court with Ikeja Local Government and Association of Local Governments of Nigerian (ALGON) the 1st and 2nd Defendants.

    According to a report by The Nigerian Lawyer, Hon. Justice Harrison in making his order declared that the Ikeja Local Government does not have powers to issue modified and/or customized marriage certificates different from the ones provided in Form E under section 24 of the Marriage Act, LFN 1990.

    The Court ordered that the 2nd Defendant, Association of Local Governments of Nigeria’s (ALGON) ‘Local Government Unified Marriage Certificate’ is unknown to our law, unconstitutional, null and void.

    Also, the Court ordered the perpetual injunction restraining Ikeja Local Government and Association of Local Governments of Nigerian (ALGON), their agents, officers, employees and representatives from further issuing modified and/or alter marriage certificate apart from the form as provided under Form E (1st schedule) and section 24 of the Marriage Act, LFN 1990.

    Furthermore, the Court restrains the Association of Local Governments of Nigerian (ALGON), their agents, officers, employees and representatives from further issuing ‘Local Government Unified Marriage Certificates’.

    In addition, Hon. Justice Harrison ordered that all modified marriage certificates issued by the Defendants be surrendered to the appropriate local government where the marriage was conducted with an appropriate certificate in line with Form E be re-issued to all concerned persons including Olumide Babalola, Esq.

    As a result of the judgment, intending couples are to ensure that the type of certificates issued to them by local government marriage registries conform with the one issued by the Federal Marriage Registry in Form E.

    For already married couples, they are to return their irregular and illegal marriage certificates to the local government areas in exchange for the proper ones.

  • Justice Ofili-Ajumogobia owes me N18m, ex-employer tells court

    The corruption trial of Justice Rita Ofili-Ajumogobia, a suspended Federal High Court judge, on Friday took an a new turn when Dr Gregory Ero, a former employer of the judge, testified that she was owing him N18million.

    Ero said the judge took the loan five years ago.

    The News Agency of Nigeria (NAN) reports that Ero, the Chief Executive Officer of Arkleen Oil and Gas Ltd., testified after the Economic and Financial Crimes Commission (EFCC) linked a credit of N18million from his company into the bank account of the embattled judge.

    While being led in evidence by Mr Rotimi Oyedepo, the EFCC counsel, Ero said: “I treated the loan given to her in May 2012 as an advance which was repayable by her as she promised to repay.

    “She assured me that she had properties and that rent was generated by those properties and that she will give me a repayment plan.

    “The money has not been paid back. I called her numerous times on the phone and she was initially answering my calls but about a year ago, she refused to pick up my calls.

    “I decided to visit her home many times and I was told that she was not in. In addition to sending her text messages, I wrote notes on more than 20 occasions.

    “The notes were given to my driver to give her but were returned to me, I was told that notes are not received on her behalf.

    “I was disappointed regarding the transaction because I was betrayed,” he said.

    Narrating how the judge came to be in his employ, Ero said “When we first started business, we employed a Company Secretary, Mrs Philo Igho-Osagie, she lived at Ijesha-tedo.

    “Igho-Osagie had to stop working in 2002 because of the distance between our office located in Victoria Island and her home.

    “We employed Rita Ofili-Ajumogobia as our Company Secretary, her office was at Onikan and she was an outsourced secretary. The reason we hired her was because her office was close to us.

    “Because we were a new company at the time, we paid her some ad-hoc fees and there was no regular payment structure for her.

    “She provided services to us for about two years before she had to leave because she was appointed as a judge of the Federal High Court.

    “On May 5, 2012, Ofili-Ajumogobia paid us a surprise visit and I introduced her around the office as a former employee who is now a judge of the Federal High Court.

    “She sought private audience with me in office, telling me privately that she needed financial assistance to complete a property transaction in the United Kingdom before a deadline.

    “We had just gotten a very huge payment from Pan Ocean Oil and Gas Ltd. and we had enough funds to accommodate her requests,” he said.

    Ofili-Ajumogobia’s counsel, Mr Olawale Akoni (SAN),while cross-examining Ero, enquired if his company had any case before Ofili-Ajumogobia at the Federal High Court when the loan was given and if the loan is now considered a bad debt by his company.

    Ero said “The N18m was not given in relation to her duties as a judge, it was a personal loan.

    “When I was summoned by the EFCC, I thought that they wanted to give me the N18million but that wasn’t the case.

    “It is not a bad debt, it is not written off, I still need my money.”

    Another witness, Mr Musa Tahir, a Customs Officer, narrated to the court, how the Nigerian Customs Service (NCS) paid N12million into a company account linked to the judge.

    NAN reports that Tahir was corroborating the April 28 testimony of Mr Musa Omale, a Nigerian Customs Officer that the NCS paid N12million sourced from 12 Area Commands into the bank account of the judge.

    While being led in evidence by Oyedepo, Tahir said:“Sometime in 2014, when I was a Deputy Comptroller General, I was working at the NCS headquarters Wuse, Abuja I was in the office of the Comptroller General of Customs (CGC), Mr Abdullahi Dikko, my immediate boss.

    “Dikko handed a paper and the name and bank account details of a company called Nigel and Colive was written on it.

    “I was told to hand over the piece of paper to one Musa Omale, who worked in my office and I was told by Dikko to liase with Area Comptrollers of 12 commands who will send some money to Omale who will in turn transfer the money into the account.

    “The twelve commands are; Tin Can Island, Lilibong Area, Kirikiri Larger Terminal, Abraka, Seme Area Command, Muritala Area Command, Area Command Field Operations Zone A and Area Command Field Operations Zone B.

    “Kaduna Area Command, Katsina Area Command, Federal Operations Zone C Ares Command, Ooni Ares Command and Ogun Area Command.”

    “When I got to my office, I summoned Omale and I related all the directions of the CGC to him which he subsequently carried out.

    “There were no services between the NCS and Nigel and Colive Ltd, that I know of,” he said.

    Ofili-Ajumogobia, is standing trial alongside Mr Godwin Obla, a Senior Advocate of Nigeria (SAN) and a former prosecutor of the EFCC.

    The duo are jointly charged on two-counts of perverting the course of justice while Obla is facing an additional two counts of offering gratification in the sum of N5 million to Ofili-Ajumogobia, a public official, while serving as a judge.

    Ofili-Ajumogobia faces a 26-count charge bordering on unlawful enrichment, taking property by a public officer, corruption by a public officer, forgery and giving false information to an official of the EFCC.

    Both denied all the charges.

    Eight witnesses including bankers and custom officers, have so far testified for the EFCC at ongoing proceedings about how the judge allegedly laundered funds illegally into various bank accounts.

    During Friday’s proceedings, Akoni and Obla’s counsel, Mr Ferdinard Oby (SAN) in separate applications requested for the release of the defendants international passports by the court to enable them seek medical treatment overseas.

    Oyedepo, however, objected to the prosecution’s request on the grounds that there was no evidence of their health status before the court, noting that it was a ploy by the prosecution to delay the trial.

    Justice Hakeem Oshodi adjourned the case until June 1 for ruling on the applications and continuation of trial.

     

     

    NAN

  • Court stops El-Rufai from demolishing market in Kaduna

    Court stops El-Rufai from demolishing market in Kaduna

    A high court sitting in Kaduna has issued a restraint order on Governor Nasir El-Rufai not to go on with his plan to demolish the Kasuwar Barchi market in Kaduna.

    The court presided over by Justice Mohammed Bello, ordered the governor to hold on until the determination of the case before the court.

    The judge ordered that all respondents to the case should stop “entering into and demolishing Kasuwar Barchi, pending the hearing and determination of the case.”

    Sixteen persons had instituted the case on behalf of stall owners and traders in Kasuwar Barchi, seeking to stop the governor from demolishing the market.

    Joined in the suit are the Attorney-General of Kaduna State and Kaduna Investment Promotion Agency as second and third respondents.

    The plaintiffs include Auwalu Hussain, Kabiru Usman, Aminu Ahmed, Bawa Ahmed, Josia Sunday, Ndubueze Egbo-Ogu, Augustine Sunday.

    Others are, Ali Abdulhamid, Maryam Abubakar, Rabiatu Musa, Latifah Yusuf, Amina Abdulrauf, Aishatu Ibrahim, Hafsat Uba, Sa’adiya Ahmed and Wasilat Ahmed.

    Lawyer to the plaintiffs, Elisha Kurah, SAN, had prayed the court to restrain the defendants from going ahead with the demolition of the market.

    He also prayed the court to determine whether the establishment, maintenance and regulations of markets are vested on the governor.

    The counsel hinged his prayer on Section 7(1) and (5) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, together with item 1(e) of the 4th Schedule to the Constitution.

    He also cited Section 20(a) and 21(2) of the Local Government Administration Law of Kaduna State 2012 as amended.

    Kurah said the court should determine whether the governor has the power to issue a notice to legal occupants of a market in the state for the purpose of establishment, maintenance, regulation or conversion of the said market.

    He said that if the above questions are resolved in their favour, the court should declare that the state government lacked the legal right to make any law to derogate from the function of local governments as specified by law.

    The plaintiffs also want the court to make a declaration that the state government have no constitutional power to take over Kasuwar Barchi market from Kaduna South Local Government and hand it over to a private developer.

    They also prayed the court to declare that the establishment, maintenance and regulation of markets is a function constitutionally conferred on local governments, as such the state government has no legal right to hand over such functions to a private developer.

    The traders said the court should declare that the threat by the defendants to demolish the market, including shops of the plaintiffs, is invalid, improper, blatant display of raw executive power, illegal, unconstitutional and null and void.

    The case has been adjourned till June 5, for hearing.

  • She ran away with my bathroom slippers, properties, aggrieved man tells court

    An Electrician, Joseph Abo on Friday told a Nyanya Customary Court in Abuja that his wife made away with all his properties, including a pair of bathroom slippers.

    Abo made the claim while responding to a divorce petition filed by his wife, Victoria.

    “One morning, I had some work to do outside the house. As I left home I thought my wife also left for work too because she works with the Ministry of Foreign Affairs.

    “To my greatest surprise, when I came home, I almost did not recognise my house because my wife had moved all my properties; our wedding pictures, our wedding gifts, down to my bathroom slippers,’’ he said.

    He said that the most painful aspect of the development was that he hid some money at the back of the parlour chair, which was among the property his wife removed from the house.

    “I made an opening in the back of the parlour chair, where I hid N87,000, I did not want anyone to see it because it is contribution money, now my wife has packed everything,’’ he said.

    He, however, told the court that he was in a covenant with his wife and would not agree to the dissolution of the marriage.

    However, the petitioner, who was present in court, denied the allegations, saying the things she moved out of the house were those she bought with her money.

    “I am not aware of any money hidden at the back of the parlour chair, I only packed all the things I bought with my money,’’ she said.

    The petitioner begged the court to dissolve the marriage, saying she has no reason to remain in the marriage since the marriage had produced no child.

    “My husband has infection which affected his sperm count. I took him to the hospital for treatment but he is not willing to take his medications, hence he was unable to impregnate me.

    “And he already has six children with three other women; I beg this honourable court to help me to dissolve this marriage,’’ she said.

    The judge, Jemilu Mega, advised the respondent to try and win back the love of his wife and possibly seek reconciliation with her before the court passed its judgment.

    Mega adjourned the case until June 8 for judgment.

     

     

    NAN

     

  • BREAKING: Court stops Ifeanyi Ubah’s release, backs DSS to detain him for another 14 days

    Minutes after a Federal High Court in Lagos ordered the Department of State Service to release embattled oil magnate, Ifeanyi Ubah, within 48 hours, another court in the Federal Capital Territory has given the agency the nod to hold him for another 14 days.

    Justice Yusuf Halilu of the FCT Federal High Court on Thursday extended the detention order of the Chief Executive Officer of Capital Oil and Gas Ltd following an ex-parte application the DSS filed through its lawyer Mr. G.O.A. Agbadua.

    The agency said it filed the application considering that an earlier order the court granted it on May 10, elapsed on Wednesday.

    Meanwhile, Ubah’s lawyer, Mrs. Ifeoma Esom has filed a fresh application asking the court to compel the DSS to release her client on administrative bail.

    Recall that the DSS stated that Ubah shunned NNPC’s repeated demands for the product estimated to be worth N11bn in order to cause artificial scarcity of the product.

    The agency stated that Ubah’s action could plunge the country into widespread scarcity of PMS and economic chaos.

    According to the agency, the act amounted to economic sabotage punishable by death.

    These were stated in a counter-affidavit and written submission filed by the DSS in opposition to an application by Ubah, asking a High Court of the Federal Capital Territory in Jabi, Abuja, to set aside an order for his detention for 14 days.

    Justice Yusuf Halilu had granted the order to the DSS on May 10, 2017, allowing the agency to keep the suspect in custody for 14 days pending the completion of an ongoing criminal investigation against him.

    The DSS’s lawyer, Mr. G. Agbadua, told Justice Halilu on Tuesday that Ubah was plotting to plunge the nation into economic and social crisis by creating artificial scarcity of petroleum product.

    Details later…

  • Obaship tussle: I remain bona fide Oba of Lagos, Akiolu tells court

    About 14 years after his installation, the Oba of Lagos, Rilwan Akiolu, on Monday appeared in an Ikeja High Court in a suit challenging his emergence as the paramount ruler of Lagos, saying he is the bona fide monarch.

    “I am here to justify my appointment, you cannot build something on nothing, it will be broken.

    “By native law and customs and by law, I am the bona fide Oba of Lagos,” said Akiolu, who was accompanied to the court by 10 white cap chiefs.

    The News Agency of Nigeria (NAN) reports that Akiolu’s installation as the Oba of Lagos is being challenged by Prince Adedoyin Adebiyi and Prince Rasheed Modile, two members of the Lagos royal family.

    Joined as respondents in the suit are the state governor, the Attorney-General of Lagos State, Prince Babatunde Akitoye and Chief Junaid Eko.

    Both Adebiyi and Modile are claiming that Akiolu is not entitled to the throne because he is not a member of a ruling royal family by not being a direct descendant of Oba Ado, the first Oba of Lagos.

    According to the claimants, only members of the Ologun Kutere and Akinsemoyin ruling houses are entitled to the throne.

    They also alleged that proper customary rules and procedures were not followed when he was appointed as Oba in May 2003.

    While being led in evidence by his lawyer, Mr Adetokunbo Mumuni, Akiolu told the court the procedure he followed before being installed.

    “After I made my intention known to my family that I wanted to be Oba of Lagos, I applied for the throne.

    “In May 2003, the head of the kingmakers and the then Sole Administrator of Lagos Island Council called at my residence.

    “At that time I was preparing to go to the mosque and I was told that I received a letter from the state government and the State Executive Council.

    “The letter accepted my nomination that I have been approved to be a worthy successor of the late Oba of Lagos.

    “It will be exactly 14 years tomorrow (May 23, 2003) that the my appointment was approved.

    “By the grace of Almighty Allah, there is nothing like rotation in the succession to the throne of Oba of Lagos,” Akiolu said.

    Before cross-examining Akiolu, lawyer to the claimants, Mr Babatunde Fashanu (SAN), told the court that for the purpose of the trial, Akiolu should be addressed as the defendant and not as the Oba of Lagos while in court.

    “I apply that all referrals to the defendant as the Oba of Lagos should be expunged from the records of this honourable court.

    “Within the walls of this courtroom, he is a defendant and when we step out of the courtroom, I will lie down and greet him as ‘kabiyesi’ because I am like a son to him,” he said.

    Akiolu also told the court that he had a prior relationship with Fashanu’s father when he was working as a lawyer during his early years of legal practice 32 years ago.

    “I know your father, I used to carry files for him when we were working together.”

    Fashanu’s request to expunge referrals of Akiolu as Oba of Lagos was, however, not granted by the court.

    In responding to Fashanu’s question whether proper customary procedure was followed when he became Oba, Akiolu said he was installed according to the customs of Lagos as Oba by kingmakers.

    “Akiolu is a direct descendant of Oba Ologun Kutere, there is no registered declaration for the throne.

    “It is the old customs and the recommendations of the Price Commission which is over 100 years ago that is still valid till today.”

    Akiolu also debunked claims that Akiolu royal family was not one of the ruling houses because it was non-existent.

    He said: “Despite the letter from Lagos State Government confirming my appointment as Oba and stating that I am from the Akiolu royal family, I want to make it clear that a royal family and ruling house means the same thing.

    “My appointment as the king is the first time in history that kingmakers will be unanimous in selecting an Oba of Lagos.”

    Justice A. Candide-Johnson adjourned the case until June 19 for continuation of trial.

     

     

    NAN

  • Patience Jonathan: Court suspends EFCC’s bid to seize $5.7m, N2.4b

    A Federal High Court Lagos on Monday suspended proceedings in the hearing of an application seeking permanent forfeiture of $5.7million belonging to the wife of former President Goodluck Jonathan, Patience.

    Justice Mojisola Olatoregun stayed proceedings pending the outcome of an appeal filed by Jonathan, challenging the temporary forfeiture of the sum.

    The Economic and Financial Crimes Commission (EFCC) had sought an order of permanent forfeiture of the funds to the Federal Government.

    Justice Olatoregun on April 26 made an interim order, forfeiting the money based on an application by EFCC, which said the money was suspected to be “proceeds of crime”.

    Olatoregun had also ordered the temporary forfeiture of N2.4 billion found in an Ecobank account in the name of La Wari Furniture and Baths Ltd.

    The commission said the money was also linked to Mrs Jonathan.

    On Monday, EFCC’s lawyer, Mr Rotimi Oyedepo, told the court that he was ready to move his application for the money’s forfeiture, adding that the respondents had filed counter-affidavits.

    In response, Jonathan’s lawyer, Chief Ifedayo Adedipe (SAN), said he filed an application for stay of proceedings pending the appeal’s determination.

    Counsel for La Wari Furniture and Baths, Chief Mike Ozekhome (SAN), added that once an appeal had been entered, the lower court ought to stay proceedings.

    Besides, he said that the Court of Appeal had already fixed the case for hearing on July 5.

    Citing numerous judicial authorities and the Court of Appeal rules, he said it would amount to disrespect for court hierarchy for the judge to proceed with the case where there is a pending appeal on a decision.

    “The entire proceedings will be an illegality, if it goes on.

    “After an appeal had been entered, the Court of Appeal shall be seized of the entire proceedings; any application to be made shall be to the Court of Appeal and not to the court below.

    “It’s not for this court to remove the carpet from the foot of the Court of Appeal. It will be an affront to the authority of the Court of Appeal,” Ozekhome said.

    He further argued that the lower court ceases to have jurisdiction once an appeal is entered and records transferred.

    “It is the law that once a party to a matter has filed an appeal and the records of proceedings transferred, the lower court ought to wash its hands off the case like Pontius Pilate.

    Ruling, Justice Olatoregun held that it would be in the interest of justice to await the Court of Appeal decision.

    “I have seen the hearing notice issued by the Court of Appeal. I believe it will be in the interest of justice for parties to ventilate their views at the Court of Appeal.

    “I will, therefore, adjourn this case until of Sept. 20,’’ she said.

     

     

     

    NAN

  • I stole motorcycle because someone stole mine – suspect pleads not guilty

    I stole motorcycle because someone stole mine – suspect pleads not guilty

    Mohammed Musa of Area 11, Garki, Abuja, on Wednesday appeared in an Upper Area Court charged with stealing motorcycle.

    Police prosecutor, Mr Fidelis Ogbobe, told the court that Superintendent Baba Ahmed, leader of Apo Divisional Patrol team arrested the defendant on May 14.

    Ogbobe said the defendant “criminally boarded a commercial motorcycle from Kabusa village, pretending to be a genuine passenger.

    “On his way, he hurt the commercial motorcyclist by robbing balm into his eyes, and snatching the Bajaj motorcycle valued N250, 000’’, Ogbobe said.

    According to the prosecutor, when the commercial motorcyclist raised alarm, other motorcycle riders pursued and got the accused arrested and recovered the motorcycle at Dutse village.

    He said the offence was contrary to Section 292 of the Penal Code.

    Musa pleaded not guilty to the charge, saying he stole the motorcycle because someone stole his own.

    The judge, Alhaji Umar Kagarko, ordered that Musa should be held in prison and brought to court on July 19, as there was no one to take him on bail.

  • Court sentences former Chief Accountant, Vanguard Newspaper to 14-years over 3.1m theft

    Court sentences former Chief Accountant, Vanguard Newspaper to 14-years over 3.1m theft

    A former Chief Accountant of Vanguard Newspaper, Bhadmus Abiodun, was on Tuesday sentenced to 14-years in prison by Justice Oluwatoyin Ipaye of an Ikeja High Court for forgery and stealing N3.1million.

    The money belongs to the media house.

    “The defendant is hereby sentenced to seven years in prison on count one.

    “He is sentenced to seven years in prison each for counts two to eight.

    “The prison terms for counts two to eight are to run concurrently,” Ipaye said.

    Abiodun, a middle-age man and a resident of No. 5, Tijani Ashogbon St., Bariga, Lagos was convicted of an eight-count charge of conspiracy.

    Two of the charges filed against him by the Economic and Financial Crimes Commission (EFCC) are stealing and forgery.

    Abiodun was initially arraigned alongside with Mr Samuel Ogbole, the Vanguard Media Representative for Onitsha.

    Ogbole, however, absconded when bail was granted to the duo by the court after their arraignment and still remains at large.

    According to the EFCC prosecutor, Mr Abba Mohammed, Abiodun committed the offences alongside Ogbole between Jan. 9, 2006 and Jan. 4, 2008.

    “The convict and his accomplice on various dates illegally converted the sum of N400, 000, N2.5million and N120, 000 belonging to the complainant.

    “On Jan. 16, 2007 the duo conspired to and forged a Wema Bank deposit slip with No. 7125699 purporting to be the value of N225, 165.

    “On May 30, 2007, the men conspired to and forge a Wema Bank deposit slip with No. 3270712 purporting to be the value of N256, 850.

    “The offences violated Sections 390 (7), 467 (2)(i) and 516 of the Criminal Code Law of Lagos State 2003,” Mohammed said.