TheNewsGuru

Tag: Court

  • Rivers rerun: Court declares IG of Police panel unconstitutional

    Rivers rerun: Court declares IG of Police panel unconstitutional

    A Federal High Court in Abuja has declared a 15-member panel that investigated violations during the December 10, 2016 Rivers State election rerun as “unconstitutional”.

    ​Rivers State Governor, Nyesom ​Wike​, had in January​ approached the Court for an order ​to stop the probe.

    In the ex-parte motion by his counsel, Mike Ozekhome​ ​(SAN​)​, Wike prayed the court to “restrain the defendants or their agents from enforcing or executing matters contained in a letter the IGP wrote to Wike on December 20, 2016 on the probe”.

    In a ruling on Tuesday, the judge, Gabriel Kolawole, said the composition of the panel was not known to law.

    The panel was raised by the Inspector General of Police, Ibrahim Idris, to probe allegations of violations and violence during the legislative re-run elections.
    ​Recall that t​he police​ panel had indicted23 Independent National Electoral Commission (INEC) officials for their roles in the Rivers State rerun elections.

    ​The​ Special Investigation Panel ha​d also​asked INEC Chairman Prof. Mahmood Yakubu to release the agency’s administrative secretaries in Anambra and Plateau states for interrogation.

    The police informed INEC of the arrests in two letters to the chairman by the Chairman of the Special Joint Investigation Panel, DCP Damian Okoro.

    The first letter reads in part: “I write to inform you of the arrest of the under-listed staff of the commission who served in the 10th December 2016 Rivers State National/State Legislative re-run elections.

    “The names of the officers and present posting are: Ewatade P. Taiwo (Oyo); Aminu Karimu (Oyo); Adedokun Najeem Ayotunde (Oyo); Balogun Funmilayo (Oyo); Agams O. Kadiri (Oyo); Akinwande R. Adesoji(Oyo); Lukeman Olabimpe(Oyo); Tiamiyu R. Arowolo(Oyo); Akinwoye Amodu A (Anambra) and Iro Abali Mba(Anambra).

    “Others are Enuke Patrick(Anambra); Nwosu Oluchi G.(Anambra); Arukwe Chinelo(Anambra); Henry Owokure(Anambra); Nwoha Yusuf(Anambra); Hussaina Yahaya Tanko(Plateau); Gayus Hassan(Plateau); Ivase Stephen Aondona(Plateau); Abdullahi Ogabo(Plateau); Gwatana Jibril Joseph( Plateau); and Mohammed L. Sittu(Plateau).”

    The second letter, which is dated January 16, 2017, states: “My earlier letter dated 13th January 2017 in respect of the arrest of 21 electoral officers who served as Electoral Officers in the 10th December 2016 Rivers State National/ State Legislative re-run elections refers.

    “I wish to inform you that Mrs. Mary Tunkoyo, the electoral officer at Emohua LGA and Mr. James Ogwuche who served as electoral officer at Ahoada West LGA are also in custody of the panel.

    “More so, in the course of the investigation, the need to seek certain clarification/information from the Administrative Secretaries of Anambra and Plateau states has become imperative.

    “You are kindly requested to inform and release the two officers for interview at the Special Joint Investigation Panel at Commissioners Lounge, Ground Floor, Nigeria Police Force Headquarters, Abuja.”

    “The panel is questioning some of those invited.

    “One key area of investigation which led to the invitation of the electoral officers borders on alleged bribery of poll officers, interference with voting process by politicians and outright snatching of ballot boxes. These electoral officers are at advantage in giving more insights into what happened during the re-run elections,” a source said, adding:

    “So far, all the officers are innocent until the investigation panel establishes any case beyond reasonable doubt against them.” The 15-man panel, headed by DCP Damien Okoro, comprises the police and the Department of State Services (DSS) with investigative, forensic and technical experts.​”​

  • Alleged N190m fraud: Court discharges Oronsaye

    Alleged N190m fraud: Court discharges Oronsaye

    An FCT High Court, Maitama, on Tuesday discharged Steve Oronsaye, former Head of the Civil Service of the Federation, of the N190 million corruption charges levelled against him.

    Oronsaye was also the Chairman, Presidential Committee on Financial Action Task Force, set up by former President Goodluck Jonathan.

    He was docked on seven counts, bordering on breach of trust and diversion of N190 million meant for the committee he chaired.

    The judge, Justice Olasumbo Goodluck, in her ruling on the no-case submission filed by Oronsaye, held that the prosecution failed to establish a prima facie case against Oronsaye.

    “There was contradictory evidence by the prosecution witnesses on whether the defendant was still the head of service as at the time he chaired the committee.

    “The court seems to discredit the evidence, suffice it to say that there is no evidence linking the accused with the statutory element and ingredients of the offence with which he is charged.

    “The court of trial must as a matter of law discharge him because it has no business scanting for evidence that is nowhere to be found.

    “I have looked through the case and I am unable to see any justifications for this case.

    “The defendant is hereby discharged” she held.

    The prosecution closed its case on Nov.15 after calling six witnesses to testify.

    On Dec. 9, the defence filed no-case submission, on the ground that the prosecution had no case against the defendant.

    In his submission, the defence counsel Chief Kanu Agabi (SAN), argued that there were omissions of essential elements in the charges against his client.

    He said on that account the charges were imperfect.

    Agabi said that the charge was initially two counts, but later amended to seven counts.

    He said that was a sign that something was wrong with the charge from the beginning.

    He said that the prosecution did not specify the amount that was entrusted to the defendant, nor the mandate of the committee the defendant chaired.

    Agabi also said that no evidence of personal use of the fund that the defendant was accused of misusing, but mere allegations.

    He said that no offence proven by prosecution to warrant the defendant to enter defence and urged the court to grant his no-case submission.

    Responding, the prosecuting counsel, Mr. Offem Uket, told the court that the prosecution has proved its case, adding that the defendant should enter his defence.

    Uket said that it was not right to bring up the issue of imperfection of charges now, as it was against the provisions of the Administration of Criminal Justice Act, 2015.

    He urged the court to dismiss the no- case submission.

     

    NAN

  • Alleged money laundering: Court convicts, sentences INEC official

    A Federal High Court sitting in Lagos, on Wednesday sentenced an official of the Independent National Electoral Commission (INEC), Yisa Olarenwaju, charged with obtaining proceeds of unlawful act.

    Justice Mohammed Idris sentenced the INEC official based on a plea bargain agreement he reached with the Economic and Financial Crimes Commission (EFCC).

    EFCC had rearraigned, in absentia, the immediate past Petroleum Resources Minister, Diezani Alison-Madueke, alongside three officials of INEC -Christian Nwosu, Yisa Olarenwaju and Tijani Bashir.

    They were brought to court on a six-count charge bordering on money laundering to the tune of N500 million, which they pleaded not guilty but the second defendant later changed his plea to guilty.

    Olarenwaju, thereafter, entered into a plea bargain agreement with the EFCC on May 2.

    At the resumed hearing, Justice Mohammed Idris convicted and sentenced the INEC official.

    In sentencing the INEC official, Olarenwaju, who is the second defendant, Justice Idris held that, “there is no doubt that the second defendant is an elderly man.

    ” It is also not in contention that the second defendant is a first time offender.

    “This court will temper justice with mercy.

    “The court hereby adopts the plea bargain agreement as the judgment of the court”.

    The plea bargain agreement stated that,” Upon the conviction of the second defendant, he should forfeit to the Federal Government of Nigeria all the parcel of land and its appurtenances which was acquired with the sum of N23 million, the proceeds of the second defendant’s unlawful acts.

    “That a fine of N10 million be imposed on the second defendant, upon his conviction based on count four of the amended charge.

    ” That in paying the fine of the sum of N10 million, the second defendant shall raise a draft of N5 million in addition to the sum of N5 million already recovered from him.

    “He shall within seven days after the payment of the fine imposed by the court, enter into a bond with the EFCC, never to be involved in economic and financial crimes within and outside the shores of Nigeria”.

    At the last hearing, Justice Idris had thrown out an earlier plea bargain arrangement reached by the first defendant, Christian Nwosu.

    The judge had clearly maintained that the plea bargain arrangement could not save Nwosu from serving a stiffer sentence.

    Justice Idris made a declaration that the provisions of the Administration of Criminal Justice Act (ACJA) stipulates that such a convict deserves a sentence that was stiffer.

    Meanwhile, the third defendant, who pleaded not guilty to the charge, was admitted to bail in the sum of N50m with two sureties in like sum.

    Idris held that the sureties must be owners of landed property within the court’s jurisdiction.

    The case was adjourned until May 15, for counsel to return and address the court on whether the case should be transferred to another judge for it to start afresh.

     

     

    NAN

  • Court fines El-Rufai N10,000 in libel suit against Metuh

    Court fines El-Rufai N10,000 in libel suit against Metuh

    A Federal Capital Territory, FCT, High Court, has fined the Kaduna State Governor, Nasir El-Rufai for failing to produce his witness in a libel case against former Peoples Democratic Party, PDP, National Publicity Secretary, Olisa Metuh.

    The governor had filed a N1.5bn suit against the former PDP spokesman for linking him to Boko Haram in 2014.

    Describing the action of the governor as an abuse of court process, Nwosu prayed the court not to entertain such.

    He also urged the court to compel the governor to produce his witness or immediately close the case.

    He also asked the court to award a cost of N150,000 in favour of his client.

    Justice Abubakar Talba, while ruling on the matter awarded a cost of N10,000 in favour of Metuh.

    Talba, consequently adjourned the matter till July 5.

     

  • BREAKING: Court grants former Niger Gov Babangida Aliyu N150m bail

    BREAKING: Court grants former Niger Gov Babangida Aliyu N150m bail

    Minna High Court on Wednesday granted bail in the sum of N150m to former Gov. Babangida Aliyu of Niger State, charged with N4.568bn misappropriation.

    Aliyu was arraigned last Tuesday on a six-count charge alongside Umar Nasko, the Chief of Staff under his administration.

    The former officials were accused of conspiring and dishonestly converting for personal use, the sum belonging to Niger State Government.

    According to the Economic and Financial Crimes Commission, which is prosecuting the former officials, the misappropriated funds are ecological projects funds as well as money realised from the sale of 16 per cent shares of the state in the North-South Power Company.

    The defendants, however, pleaded not guilty.

    Ruling on the bail applications of the accused, Justice Aliyu Mayaki said: “The first applicant is admitted to bail in the sum of N150m with two sureties in like sum, who must be resident within the jurisdiction of the court.

    “The sureties must also deposit Certificate of Occupancy (C of O)of landed property worth not less than N200 million, situated within the jurisdiction of the court.

    “The second applicant is granted bail in the sum of N100 million and two sureties in like sum.

    “The sureties must deposit C of O of landed property worth not less than N150 million.”

    The judge held that the EFCC had not adduced concrete evidence to show that the defendants would interfere with justice, if granted bail.

    He said that the defendants had no criminal antecedents, adding that they provided sufficient materials in support of their applications.

    The judge adjourned the case until June 12 commencement of hearing.

     

     

    NAN

     

  • Court sacks CCB chairman, 9 others

    Justice Binta Nyako of the Federal High Court, Abuja has sacked the Chairman of the Code of Conduct Bureau (CCB) Sam Saba and nine other members of the organisation’s board.

    Justice Nyako in a judgment Friday held that the five-year tenure of the CCB board expired on April 2015.

    The judgment was on a suit marked: FHC/ABJ/CS/411/2016 filed by a group – Kingdom Human Rights Foundation International (KGRFI) led by Okere Nnamdi.

    Justice Nyako was of the view that by virtue of section 155 (1) (c) and Paragraph 1, Part 1, Third Schedule of the 1999 Constitution (as amended), Saba and others, all of whom were appointed in 2010, were only entitled to stay in office for five years.

    The judge declined to issue an order compelling the President to remove and replace Saba and the nine other board members, as prayed by the plaintiff.

    She however, directed the AGF to advise the President on the state of the tenure of members of the CCB board.

    Justice Nyako particularly granted the prayer for “a declaration of the honourable court that the tenure of office of the Chairman and nine other members of the Code of Conduct Bureau has elapsed since April 2015; in view of section 155 (1) (c) and Paragraph 1, Part 1, Third Schedule of the 1999 Constitution (as amended).”

    The judge granted partially, the two other main reliefs in which the plaintiff sought a declaration that the AGF had failed in his responsibility by not advising the President on the expiration of the tenure of the Chairman and members of the CCB.

    Justice Nyako directed the AGF to give the President the needed advice on the issue.

    The judge declined to grant the consequential reliefs sought by the plaintiff, seeking orders of mandamus compelling the President to remove and appointment replacement for Saba and others.

    Justice Nyako said such reliefs seeking an order of mandamus could only brought under an application for judicial review not under an originating summons as filed in the case.

    The judge also rejected the plaintiff’s the prayer for an order of mandamus directing the Independent Corrupt Practices and other Related Offences Commission and the Economic and Financial Crimes Commission “to immediately arrest, investigate and prosecute the Chairman and nine other members of the CCB” for allegedly perpetuating themselves in office fraudulently.

    Defendants in the suit were President Muhammadu Buhari, the AGF and the CCB.

     

  • N1.64bn fraud: Nyame didn’t receive N100m in my presence, witness tells court

    A defence witness, Philip Akolo, who was an orderly to former Taraba governor, Jolly Nyame, on Tuesday told an FCT High Court Gudu, that he never saw him receive N100m.

    Akolo said this during cross examination by the EFCC prosecutor, Mr Rotimi Jacobs (SAN).

    Jacobs had said that former Taraba Government House Accountant, Mr Abdurahman Mohammed, had testified that on the eve of president Obasanjo’s visit to Taraba in April 2007, he had taken N100million to Nyame.

    The witness, who said he was always with the ex-governor, denied seeing the accountant coming in with two bags of money and giving it to the governor.

    The witness, who is currently a Deputy Superintendent of Police in Gombe Divisional Police Command, testified that as an orderly to Nyame during his tenure, he was the closest to the governor.

    “It was not possible for anyone to see him without my knowledge, no exceptional cases. When he goes to bed, I’ll retire and leave the body guards to take over.’’

    He also denied, upon cross examination, the testimony given by prosecution witness no. 8, Mr Abdurahman Mohammed, that he also took money in excess of N24million to Nyame in Abuja.

    Akolo said, “apart from allowances which he signed on behalf of the governor, “nothing was brought to the government house in Abuja.’’

    He also denied that the then Permanent Secretary, Mr Dennis Nev, ever brought money to Nyame `, adding “apart from files he normally carried he never saw, him with any other thing.’’

    On his relationship with the former Taraba helmsman, the witness said that his relationship “was official.

    He said throughout the eight years as an orderly to Nyame, he was only conversant with the security aspect of his work and not the administrative procedures.

    “I don’t know about the finance of Taraba government house or how the governor was being paid, apart from travelling allowances.’’

    He said he never knew if the governor requested for funds from the Permanent Secretary nor the receipt of those funds.

    He said the only time he was not with Nyame was when the ex-governor travelled abroad.

    He also said he was not a member of Taraba state executive council nor did he attend their meetings, and was not privy to their deliberations.

    He, however admitted that he doesn’t know the people the governor related with when he travelled outside the country.

    “But if he does something against the law or the constitution, I have no say in that because the law must take its course,’’ Akolo said.

    Justice Adebukola Banjoko adjourned hearing in the until May 15.

     

     

    NAN

     

  • 2015 elections: Court jails INEC staff for alleged N122.4m bribe

    A Federal High Court sitting in Asaba, Delta State has ordered that one Fidelia Omoile, a serving Independent National Electoral Commission’ s (INEC) official in Isoko- South Local Government Area of Delta State, to be remanded in prison custody for conspiracy and money laundering.

    The Economic and Financial Crimes Commission, EFCC, had accused Omoile of committing the crime ahead of the 2015 general elections.

    The anti-graft agency claimed that Omoile collected the sum of N112,480,000.00 (One Hundred and Twelve Million, Four Hundred and Eighty Thousand Naira), as a bribe during the countdown to the 2015 Presidential election from former Minister of Petroleum Resources, Diezani Alison- Madueke.

    TheNewsGuru.com reports that Omoile was arrested on 11 April, 2016 following a tip off received by the EFCC on the activities of some INEC Staff, who allegedly planned with some Non Governmental Organisations (NGOs), in defrauding the Federal Government huge sums of money, running into millions of Naira.

    Count one of the charge reads: “That you Fidelia Omoile on or about the month of March, 2015 at Asaba within the jurisdiction of this Honourable Court did conspire among yourselves to receive cash payment in the sum of N 112,480,000.00 (One Hundred and Twelve Million, Four Hindered and Eighty Thousand Naira only) exceeding the statutory limit without going through a financial institution and thereby committed an offence contrary to Section 18 (a) of the Money laundering (Prohibition) Act 2012 as amended and punishable under Section 15 (3) and (4) of the same Act.”

    Count two of the charge read: “That you Fidelia Omoile on or about the month of March, 2015 at Asaba within the jurisdiction of this Honourable Court did receive cash payment in the sum of N112,480,000.00 (One Hundred and Twelve Million, Four Hindered and Eighty Thousand Naira only) exceeding the statutory limit without going through a financial institution and thereby committed an offence contrary to Section 1 (a) of the Money laundering ( Prohibition) Act 2012 as amended and punishable under Section 16 (b) and (4) of the same Act.”

    The defendant pleaded not guilty to the charge when it was read to her.

    In view of her plea, prosecution counsel, Sadiq Hussaini, asked for a trial date and asked that the defendant be remanded in prison custody.

    However, counsel to the defendant, K. O Obamogie, made an oral application for bail of his client and urged the court to grant his prayers.

    In his verdict, Justice O. Efreti Abang rejected the defendant’ s application for bail, directing that the aplication be filed formally.

    He also adjourned the matter to 6th June, 2017 for hearing and ordered the defendant to be remanded in prison custody pending the determination of her bail.

  • BREAKING: Court strikes out Obanikoro’s N100m suit against EFCC

    BREAKING: Court strikes out Obanikoro’s N100m suit against EFCC

    The Federal High Court in Lagos on Monday struck out the N100m fundamental rights enforcement suit filed by a former Minister of State for Defence, Musiliu Obanikoro, against the Economic and Financial Crimes Commission.

    Obanikoro, his wives, Fati and Moroophat, and his sons, Gbolahon and Babajide, had sued the anti-graft agency for what they termed an unlawful invasion of their houses and seizure of some of their properties.

    They had, through their lawyer, Mr. Lawal Pedro (SAN), urged the court to declare as null and void the items seized from their houses on June 14, 2016 by the EFCC.

    They also prayed the court to award N100m damages against the EFCC in their favour for the violation of their rights to privacy.

    But in a ruling on Monday, Justice Abdulaziz Anka struck out Obanikoro’s suit for being incompetent.

    The judge upheld the preliminary objection by the EFCC lawyer, E.E. Iheanacho, who contended that “since the main claim of the applicants was founded on tort, their principal reliefs are not maintainable under the Fundamental Rights (Enforcement Procedure) Rules, 2009.”

    The judge noted that the applicants’ houses were searched by the EFCC based on search warrants secured by the anti-graft agency from the Lagos State Magistrates’ Court.

    Justice Anka said he could not declare the recovered items as null and void, so as not to foreclose the possibility of the EFCC tendering them as exhibits in imminent criminal case against the Obanikoros.

  • Suspension: Court fixes April 28 for hearing on Jibrin vs Reps case

    Justice John Tsoho of a Federal High Court in Abuja, has fixed April 28 to hear the suite filed by the erstwhile chairman of the House of Representatives Committee on Appropriation, Hon. Jibrin Abdulmumin, to challenge his continued suspension from the House.

    This is as Jibrin declined to join the Chairman of House Committee on Ethics, Hon. Nicholas Ossai and the lawmaker that moved the motion that led to the his suspension, Hon. Orker-Jev Emmanuel, as parties in the suit.

    The two lawmakers had in a joint application they filed before the court, sought to be allowed to file processes against the suit.

    Jubrin, in his suit marked FHC/ABJ/CS/Bl2/2015, listed the Speaker of the House of Reps, Hon. Yakubu Dogara, the House of Reps itself and its clerk, as the 1st to 3rd defendants.

    But before commencement on the matter, both Ossai and Emmanuel approached the court, seeking to be joined as co-defendants in the matter.

    They prayed the court to order Jibrin to amend the originating summons to include their names, saying their conduct as House of Reps member had been impugned and called into question in the suit.

    “The applicants have the constitutional right to be heard in this suit because of the allegations made against them by the plaintiff.

    “The applicants interests as members of the House of Representatives and the interests of their constituents will be affected by the outcome of the present proceedings if the allegations made by the plaintiff are not challenged by the applicants”, they argued.

    In his ruling, Justice Tsoho held that the matter could be effectively determined without participation of the applicants.