TheNewsGuru

Tag: Court

  • Court grants N200,000 bail to mechanic charged with theft

    A Grade 1 Area Court in Karu, Abuja, on Tuesday, granted bail in the sum of N200,000 to 47-year-old mechanic, Tony Ibrahim, of Orozo, FCT, for alleged theft.

    Ibrahim is standing trial for alleged criminal breach of trust and theft, contrary to sections 312 and 287 of the Penal Code.

    The Judge, Hassan Ishaq, admitted the defendant to bail with a reliable and reasonable surety in like sum.

    He said the surety must live within the jurisdiction of the court and his/her address must be verified by officer of the court.

    Ishaq added that the surety must submit his/her drivers’ licence or national identity card with the court registrar.

    Earlier, the prosecutor, Mamud Ismail, told the court that the matter was reported by
    Fred Eguedike, also of Karu, at Karu Police Station on May 14.

    Ismail said the complainant had on May 14 entrusted his car, a Mazda 323, with the defendant for repairs and servicing.

    He added that the complainant left N200,000 in the car and went away for about thirty minutes and when he returned to collect the car, he discovered that the money was not there.

    After listening to the charges, the defendant pleaded not guilty and the matter was adjourned till July 11 for hearing.

  • Assassination attempt on Melaye: Court grants N1m bail each to suspects

    A Kogi High Court sitting in Lokoja has granted bail to five persons including the Administrator of Ijumu Local Government Area, Taufiq Isah, charged with alleged attempt to assassinate Kogi West Senator, Dino Melaye.

    Justice Arome Akogwu, on Monday held that the three weeks the accused spent in custody was far beyond the period allowed by the constitution.

    The trial judge said the defendants, through their counsel, A.M. Aliyu in his oral application for bail, had undertaken to attend their trial, adding that the prosecuting counsel did not object to the presumption of innocence pleaded by Aliyu.

    Against this backdrop, Akogwu granted the defendants bail in the sum of N1m each with one surety in like sum.

    Consequently, the judge adjourned the case.

    TheNewsGuru.com reports that the Nigeria Police, FCT Command recently paraded six persons in connection with Melaye’s assassination attempt.

    TheNewsGuru.com reports that Melaye was recently attacked at his residence at Iyala, Ijumu LGA in Kogi State.

  • Court slams N50,000 fine on El-Rufai for breaching lawyer’s right to life

    Kaduna State High Court 9 presided by Hon. Justice Esther Lolo on Monday asked Governor Nasir El-Rufai of Kaduna state to pay N50,000 as fine to one Barrister Gloria Mabeiam Ballason in suit nos KDH/KAD/164/17 between her and the governor.

    The court also restrained the governor from arresting, prosecuting and jailing the young lawyer for expressing her published opinion in a Nigerian newspaper.

    The case which was first mentioned on 1st March, 2017 was filed by the Applicant’s Lagos- based lawyers, Messrs Matthew Burkaa & Co.

    Ballason had an array of prominent lawyers numbering 36. They include tough Human Rights Lawyer, Festus Okoye Esq, the Chairman Nigeria Bar Association, (NBA), Kaduna Branch, Ndasule Sherrif Esq, B.L. Aliyu Esq, Reuben James Esq ( Former 3rd national Vice President of the NBA), Mark Jacob ( Former Attorney General of Kaduna State), Timothy Kambai Esq, Mike Nwakanma Esq, Sule Shuaibu Esq, James Kanyip Esq, M.T. Mohammed Esq , Bavo Nyan Esq et al.

    According to her lawyers, Mallam Nasir El-Rufai, the Governor of Kaduna State had threatened to arrest and prosecute Gloria for her civic activities including an opinion article she wrote on November 28th, 2016 in her column in the Blueprint Newspaper.

    The threat, the court was told, was issued on 17th January, 2017 by the governor at the Kaduna State Government House when the President of the Nigerian Bar, A.B. Mahmud SAN and his team including the Applicant paid an official visit to the Governor.

    In her ruling, Justice Lolo found that contrary to the governor’s denial, that indeed a threat had been issued, “which would put any reasonable person who understands the authority of a governor in fear.”

    The Court found that there was a likelihood of a breach of Right to life under section 33 of the constituting of the Federal Republic of Nigeria, 1999. She also affirmed that there has been an infringement of the dignity of the Applicant under section 34 of the 1999 constitution.

    She also ruled that there was a breach to the right of freedom of expression of the applicant and the Press under section 39 of the 199 constitution. The Court found that the article was also not injurious and ordered the governor not to arrest the applicant on the basis of same.

  • Patience Jonathan vs EFCC: Court adjourns case to May 22

    A Federal High Court sitting in Lagos on Monday adjourned to May 22, a suit seeking final forfeiture to the Federal Government of the sum of $5.8m belonging to former First Lady, Dame Patience Jonathan.

    Justice Mojisola Olatoregun granted the adjournment following an argument by counsel to Jonathan, Mr Ifedayo Adedipe (SAN), that the respondent was not given sufficient notice to file a response.

    The court had on April 26 issued an interim order for forfeiture of the sum of $5.8m belonging to Jonathan to the Federal Government.

    The order followed an ex parte application by the Economic and Financial Crimes Commission seeking a forfeiture of the sum to government, pending the determination of the motion on notice.

    The court had granted the interim order and had further directed that same be advertised in a national daily, to enable any interested party to appear and show cause why the interim order should not be made final.

    When the case was called on Monday, counsel to the respondent, Adedipe informed the court of a notice of Appeal he had filed against the court’s ruling as well as a motion for stay of further proceedings.

    He argued that the EFCC ought to have waited to abide by the decision of the court of appeal in respect of the matter.

    Adedipe also noted that the publication of the court’s order in the national daily was only done on May 11, adding that such notice was too short to allow for the filing of any response.

    Responding, lawyer to the EFCC, Mr Rotimi Oyedepo, stressed that the business of the day was for any interested party to appear and show cause.

    He noted that the argument of the respondent’s counsel fell outside the purview of the court’s business with respect to the matter at hand, and urged that progress be made.

    In her observation, however, justice Olatoregun noted that the suit will only be adjourned on the ground that the time frame of the said publication was short.

    She, therefore, adjourned the case to May 22, for the respondent or any interested party to appear and show cause why the interim forfeiture order should not be made absolute.

    Justice Olatoregun had sometimes in November 2016, granted a forfeiture order of the said sum following an application by the Commission.

    The court, had however in March this year vacated the earlier order, following an application by Jonathan’s counsel, Adedipe, who had challenged the propriety of the EFCC’s action.

    The EFCC had then filed a new motion seeking an order for interim forfeiture of the said $5.8m lodged in the respondent’s Skye Bank account.

    The Commission also sought an order directing the interim forfeiture of N2.4bn discovered in an EcoBank account in the name of La Wari Furniture and Bath Ltd, suspected to be proceeds of crime.

    It further sought for the publication in any national newspaper, of the said order, to enable any interested party to appear and show why the interim order should not be made final.

    The commission averred in an affidavit that it received an intelligence report that funds suspected to be proceeds of crime were warehoused in a Skye Bank account belonging to Jonathan.

    It said that the report was analysed and found worthy of investigation, adding that the ex- First Lady opened the account on Feb. 7, 2013.

    According to the Commission, several cash deposits were made by the ex- First Lady in the United States Dollars, through Waripamo Dudafa, a former aide to ex- President Goodluck Jonathan.

    The commission averred that another frequent depositor of funds into the said account was one Festus Iyoha, a steward in the State House, Abuja.

    The EFCC said that between Feb. 8, 2013 and Jan. 30, 2015, about $6.7m suspected to be proceeds of crime were deposited into the account.

    According to the Commission, Jonathan had dissipated the funds, leaving a balance of about $5.7m.

    The Commission further averred that if the fund was not forfeited in the interim, it may be fully dissipated by Jonathan.

    It added that N2.03b, suspected proceeds of crime, was currently on fixed deposit in the account of La Wari Furniture, in addition to a credit balance of about N389m.

    The Commission, therefore, urged the court to grant the application in the interest of justice.

    Granting the order, Justice Olatoregun adjourned the case till May 15, to enable any interested party to appear and show reason why the interim order should not be made final.

     

    NAN

  • Alleged corruption: Court transfers INEC officials case from Abuja to Port Harcourt

    A Federal High Court, Abuja, on Monday transferred the case filed by the Police against 23 Independent National Electoral Commission (INEC) officials to Port Harcourt division of the court.

    The officials were docked for allegedly receiving N360 million as bribe from the Rivers Government to compromise the results of the Dec.10, 2016 re-run parliamentary elections in the state.

    In his ruling, Justice John Tsoho said the argument of the Police that the insecurity in Rivers would affect the trial was not tenable.

    He said that there was no evidence placed before the court to show pervasive insecurity in Rivers.

    Tsoho further said that the video clips and photographs tendered by the Police were incidences that happened before the Dec. 10 rerun elections.

    He said that the responsibility of providing security in any part of the country rests on the security operatives and not the court.

    “I haven’t found out that Rivers has become ungovernable based on the alleged security situation in the state.

    “So, based on Section 22 of the Federal High Court Act, the case has been transferred to the Port Harcourt division of the Federal High Court.

    “Also, in line with Section 93, Sub.1 and 2 of the Administration of Criminal Justice Act and Section 45 of the Federal High Court Act, which states that the trial of a case should take place where the offence was committed, I hereby transfer the case,” he said

    The defence counsel, led by Ahmed Raji(SAN), had on the last adjourned date urged the court to decline hearing of the charge on grounds of territorial jurisdiction.

    Alternatively, the defence asked the court for an order transferring the matter to the Port Harcourt division of the court.

    The defence said the prosecution has not placed any evidence before the court to support the reason for charging the defendants before a court in Abuja for offences allegedly committed in Port Harcourt.

    “We are challenging the court’s jurisdiction because all the alleged acts took place in Port Harcourt and none of the 1st to 20th defendants live here in Abuja.”

    They also had argued that the defendants’ trial at the Federal High Court in Abuja was in breach of the constitution and the Criminal Justice Act.

    The prosecuting counsel, Aliyu Alilu, however, argued that there was insecurity in Rivers , which could interfere with the trial.

    Alilu urged the court to dismiss the defendants application challenging the court’s jurisdiction as it lacked merit.

     

     

     

    NAN

  • Man in court for alleged theft of friend’s foodstuff

    Man in court for alleged theft of friend’s foodstuff

    A 23-year-old man, Jeremiah Oduale, on Monday appeared in court for alleged theft of five cartons of Indomie and three crates of eggs belonging to his friend.

    The accused whose address was not given, is facing a charge of stealing, in a Badagry Chief Magistrates’ Court, Lagos State.

    The Prosecutor, Insp. Akpan Ikem, told the court that the accused committed the offence at Otto-Awori area of Lagos State.

    He said that the items, valued at N18, 570, belonged to Miss Elisabeth Sumonu, who is a friend of the accused.

    “The accused was supposed to watch over the items because the complainant gave it to him to safeguard them.

    “Instead of doing that, he consumed some and sold the rest.

    “The offence committed is punishable under Section 285 of the Criminal laws of Lagos State of Nigeria 2011,” he said.

    The accused, who didn’t have a counsel, pleaded not guilty.

    The Chief Magistrate, Mr Jimoh Adefioye, granted him bail in the sum of N50,000, with one surety in like sum.

    He adjourned the case until July 4.

  • Apostle Suleman: Court slams N250,000 damages against DSS DG

    A Federal High Court sitting in Asaba, Delta State, has asked the Department of State Services, DSS, to tender an unreserved apology to the son of the South-South Chairman of the Christian Association of Nigeria, Mr Tareri Avwomakpa, over his illegal arrest by DSS operatives in February.

    Justice T.B. Adegoke gave the ruling on Tuesday in a suit numbered FHC/ASB/CS/14/2017 filed by Tareri, a Warri-based legal practitioner against the Director-General, Department of State Services and the Delta State Director, DSS, following his arrest and detention over a message calling for support for the General Overseer, Omega Fire Ministries, Apostle Johnson Suleman.

    TheNewsGuru.com reports that operatives of the DSS had in February arrested and detained Tareri over an alleged message sent through a social media platform, Whatsapp, wherein he called on Christians in the country to support and accompany Suleman to honour the invitation by the DSS at its head office in Abuja.

    Justice Adegoke while delivering his ruling on the case, held that Archbishop God-do-well Avwomakpa son’s arrest was unlawful and unconstitutional even as he awarded N250,000 damages against the DSS director-general and the Delta state director of the organisation.

    According to a copy of the judgment sighted on Thursday in Asaba, the court ordered the DSS authorities to write a formal letter of apology to the claimant for a breach of his constitutional human rights

    Tareri also confirmed the ruling when contacted on Thursday and dedicated the judgment to Nigerians who had been killed, maimed and were currently suffering oppression for being Christians across the country.

  • Ex-FCT Minister Bala Mohammed granted N500m bail

    Ex-FCT Minister Bala Mohammed granted N500m bail

    Justice Abubakar Talba of FCT High Court, Gudu, on Friday granted bail in the sum of N500million to the former FCT Minister, Sen. Bala Mohammed.

    The court also ordered Mohammed to produce two sureties in like sum that must be a serving senator and a director in the Federal Civil Service, with landed property in the FCT.

    The sureties must possess certificate of occupancy of the said property, and evidence of payment of tax in the last three years.

    The defendant was also ordered to deposit his international passport with the registrar of the court.

    The bail conditions was determined and confirmed by the EFCC prosecutor, Mr. Johnson Ojogeane and the defence counsel, Chief Chris Uche (SAN).

    The date for hearing was fixed on July 4.

    Justice Talba had stood down the ruling for the bail for 30 minutes to give both counsel time to work out the bail conditions.

    He said that he gave both counsel time to determine the bail conditions due to their arguments during the last adjourned date.

    Talba said that the prosecution during the last adjourned date had asked for stringent bail conditions due to the gravity of the offence, while the defence had asked for bail on liberal terms.

    “The applicant has placed before this court sufficient material to warrant his bail,’’ the judge noted.

    He also said that bail is a human right issue, bound and protected by the constitution.

    Sen. Bala Mohammed is facing a 6-count charge bordering on false declaration of asset, abuse of office and graft to the tune of N864 million.

  • JUST IN: Court rejects Andrew Yakubu’s application to recover forfeited $9m

    JUST IN: Court rejects Andrew Yakubu’s application to recover forfeited $9m

    A former Group Managing Director of the Nigerian National Petroleum Corporation, NNPC, Engr. Andrew Yakubu, on Wednesday failed to recover the $9.8m seized from him by the Economic and Financial Crimes Commission, EFCC.

    TheNewsGuru.com reports Yakubu had filed an application before a Federal High Court in Kano asking the court to overturn an interim order of forfeiture secured by the EFCC in February for the cash.

     

    Details later…

  • JUST IN: Court sends ex-FCT Minister, Bala Mohammed to prison

    JUST IN: Court sends ex-FCT Minister, Bala Mohammed to prison

    A former Minister of the Federal Capital Territory, Bala Mohammed, was on Wednesday remanded in the Kuje Maximum Prison over allegations of fraud.

    TheNewsGuru.com reports that Mohammed was minister under former President Goodluck Jonathan’s administration.

    He was arraigned by the Economic and Financial Crimes Commission, EFCC on a six-count charge for alleged abuse of office.

    He was brought before a High Court of the FCT for alleged involvement in the collection of gratification to the tune of N550 million, while in office as minister.

    He is also accused of failing to declare properties belonging to him.

    Mohammed pleaded not guilty to the charge.

    Presiding judge, Abubakar Talba adjourned the matter till May 12 for ruling on the application for bail.

    He ordered that the defendant be remanded in prison custody pending the determination of the bail application.