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Tag: Court

  • Cleric seeks dissolution of marriage over threat to life

    Cleric seeks dissolution of marriage over threat to life

    Bamidele Asimiyu, an Islamic cleric, on Wednesday sought from an Ile-Tuntun Customary Court in Ibadan, the dissolution of a 24-year-old marriage between him and his wife, Idiat.

    He said his prayer was based on threat to his life by his wife, adding that Idiat was also extravagant.

    Narrating his ordeal, Bamidele said that his wife was making every attempt to terminate his life.

    “Ever since I married Idiat, I have moved from one problem to another and from one liability to another.

    “When she was carrying her first pregnancy, Idiat suddenly woke me up one midnight threatening to commit suicide by stabbing herself to death, if I ever imagine marrying another wife.

    “Idiat did this despite the fact that she is aware that I have nothing forbidden me from marrying as much as four wives.

    “Due to the nature of my job, I stay mostly in Lagos state and each time I return to Ibadan, friends and family bombard me with series of atrocities committed by my wife, ranging from fighting to huge debt.

    “I was shock one day, when I was informed by my relatives that Idiat was making quick preparation to sell off my house in Ibadan.

    “On getting home, I discovered that she had used my house as collateral for an undisclosed amount she took as loan from a micro-finance bank and had subsequently squandered the money.

    “I also understand that the micro-finance bank is taking all measures to sell off the house.

    “My lord, I have done everything humanly possible to ensure that there is lasting peace, but Idiat has equally worked to frustrate my effort due to jealousy and the insatiable attitude in her.

    “Worst still, the least in her attitudes is sexual immorality,” Bamidele said.

    However, Idiat who opposed the divorce was silent on the allegations leveled against her.

    She instead prayed the court not to put an end to the marriage because of the four children the union produced.

    The President of the court, Mr Henric Agbaje, said there the court needed to obtain more evidence to arrive at a more sound judgment.

    Agbaje, therefore, asked the two parties to produce more evidence in support of their argument on April 26, when the case would come up for judgment.

  • Alleged Judicial Gang-up: Losers can appeal ‘unfavourable’ court judgements – CJN

    Alleged Judicial Gang-up: Losers can appeal ‘unfavourable’ court judgements – CJN

    The Chief Justice of Nigeria, Justice Walter Onnoghen, on Tuesday said rather than blame the judiciary for losing court cases, aggrieved persons can approach the Appeal Court to seek redress.

    The CJN further stated that Nigerians should not see the judiciary as playing opposition to the anti-corruption war of the Muhammadu Buhari led administration.

    He spoke with State House correspondents shortly after meeting behind closed doors with President Muhammadu Buhari at the Presidential Villa, Abuja.

    Onnoghen was reacting to recent developments that saw government agencies losing corruption-related cases in court and the allegations of judicial gang-up.

    The CJN warned that Nigerians who are judging the judiciary are at the risk of becoming prejudice.

    In his words: “I have told you that if you are not satisfied, the system is fashioned and designed in such a way that if you lose in the magistrate court and you are not satisfied; because someone must win and another must lose; so the loser has the chance of testing the decision on appeal.

    “When it comes to the judiciary, don’t be judgmental. When you are judgmental, you become prejudice.”

    When asked to respond specifically to allegation of judicial gang-up against corruption fight, Onnoghen said, “I am not going to speculate. I am a lawyer and judicial officer. I operate on facts and the law. So, I can’t answer that question because I am not on everybody’s mind.

    “You are free to think whatever you want to think but I think you should be guided by facts and the law when it comes to judicial performance or discharge of judicial responsibilities.”

    The CJN said there was no truth in the claim that the corruption war is losing steam.

    He said if there was steam, it would not have been without the participation of the judiciary, hence, if there is losing of steam, it should not be related only to the judiciary.

    He said while there are more than one party to an issue, the judicial system is fashioned in such a way that there must be winners and losers.

  • DasukiGate: Court rejects Bello Haliru’s son application to travel abroad for treatment

    DasukiGate: Court rejects Bello Haliru’s son application to travel abroad for treatment

    A Federal High Court, sitting in Abuja on Tuesday dismissed application filed by Abba Mohammed, son of the former Chairman of the Peoples Democratic Party (PDP), Bello Haliru seeking for permission to travel abroad for medical treatment.

    Bello Haliru and his son, Abba Mohammed, alongside their company, Bam Project and Properties Limited, are facing corruption charges for allegedly receiving N300 million from the office of the former National Security Adviser, Sambo Dasuki.

    At the hearing of the motion, counsel to Mohammed, Mr Emmanuel Ekong informed the court of an application dated March 13 seeking permission to allow Mohammed to travel to the United Kingdom to attend to his failing health.

    Ekong also asked the court to permit the release of Mohammed’s passport so that if the first application was granted, he would be able to travel for the proposed treatment.

    The counsel added that the first appointment for his client to see the doctors was on March 23, which he could not meet up with but he was given another appointment in May.

    He, therefore, urged the court to grant the application.

    The Prosecuting Counsel, Mr O. A Atoglabe, while opposing the application, informed the court that there was no document in the court to support the application and urged the court to refuse the application.

    In his ruling Justice Ahmed Mohammed said although there was a document to back the defendant’s medical appointment for March 23, he could not find any for a new date in May.

    “There is no evidence brought forth by the defendant that he has another appointment in May in the United Kingdom for treatment,” the judge said.

    The judge, therefore, dismissed the application and adjourned the case until May 10, for continuation of the trial.

     

    NAN

  • Edo Poll: Appeal Court strikes out Ize-Iyamu’s appeal

    The Court of Appeal sitting in Benin, Edo State, on Friday dismissed an appeal filed by the Peoples Democratic Party, PDP and its candidate, Pastor Osagie Ize-Iyamu, challenging the discontinuation of the recounting of ballot papers used during the September 28 governorship election in four local government areas of the state.

    The PDP and Ize-Iyamu have approached the court to challenge Godwin Obaseki of the All Progressives Congress as winner of the election by the Independent ‎National Electoral Commission.

    TheNewsGuru.com reports that INEC had declared Obaseki winner of the election with 319, 483 votes while Ize-Iyamu scored 253, 173 votes.

    The governorship election petitions tribunal, led by Justice Ahmed Badamasi, had on February 10 ordered the stoppage of the recounting exercise for Akoko-Edo, Egor, Etsako West and Etsako East Local Government Areas, following the expiration of the 14 days allotted the PDP and Ize-Iyamu, who were the petitioners, to prove their case.

    The petitioners had, through their counsel, Yusuf Alli (SAN), filed an appeal seeking an order to direct that the recounting of the used ballot papers for the identified LGAs be completed.

    However, in its verdict on Friday evening, the court held that the decision of the electoral tribunal was right as it was anchored on the provision of the Electoral Act, 2010 (as amended).

    Justice Mudashiru Nasiru, who read the ruling, held that the time allotted to each of the parties was sacrosanct and, therefore, limited the petitioners’ time to prove their case.

    He ruled that any action done outside the prescribed time would be a nullity and that the tribunal was right to stop the recounting of the ballot papers after the 14 days had elapsed.

    He said, “Whatever any party should do to prove its case must be done within the time produced by the schedule. Once a party commences, the time prescribed will start to run.”

    The appellate court, therefore, stated that the appeal was unmeritorious and thereby dismissed.

    “The two issues for determination are resolved against the appellants. The appeal is unmeritorious and lacked merit. It is hereby dismissed,” It added.

  • JUST IN: Court fixes May 12 for ruling in corruption case against 23 INEC officials

    Justice John Tsoho of Federal High Court Abuja on Friday fixed May 12 for ruling in an application by 23 officials of Independent National Electoral Commission (INEC), challenging the court’s jurisdiction to hear the suit against them.

    Justice Tsoho adjourned the matter after listening to arguments from the prosecution and defence counsel.

    TneNewsGuru.com reports that the officials were docked for allegedly receiving N360million from Governor Nyesom Wike of Rivers during the Dec. 10, 2016 re-rerun election in the State.

    The accused were to enter their plea on March 14 to a seven-count charge bordering on bribery.

    Counsel to the 1st to 20th defendants Mr Ahmed Raji, had in the last sitting, informed the court of the application he filed, questioning the territorial jurisdiction of the court in the matter.

    The other defence counsel, Mr Ukpan Ukairo and Mr E. A. Nwauwa, also filed an application challenging the court’s jurisdiction.

    At the resumed hearing, Raji observed that the exhibits of the complainant attached to the counter affidavit of the police, were deposed to by one Numa Ganawo Wande, a litigation officer in the office of the Attorney-General of the Federation (AGF).

    He said the exhibits, marked annexures A, B, C and D, were mere photographs of dead police officers and weapons.

    Raji argued that in accordance with the provisions of Section 84 of the Evidence Act, the exhibits were “inadmissible in law”.

    He insisted that a litigation officer in the AGF’s office “is not in a better position to depose to what transpired in Port-Harcourt.

    “He is here in Maitama and is deposing to an affidavit on events that happened in Port-Harcourt.

    “My Lord, allowing this will amount to setting a dangerous precedent whereby pictures of alleged crimes will be gathered from different parts of the country and used by the complainant for prosecution”, he said.

    He also said the complainant had not placed any evidence in court that there was a state of insecurity in Port Harcourt to warrant the trial of the defendants over there.

    Raji, therefore, urged the court to strike out the matter or transfer it to Port Harcourt for the defendants’ arraignment.

    Ukairo and Nwauwa, who aligned themselves with Raji’s motion, said their application was also on the question of the court’s jurisdiction in the matter.

    They said since the offence was committed in Port Harcourt, it would be better for the case to be transferred to High Court in Port Harcourt or the matter be stuck out by the court.

    Mr Aliyu Alilu, Assistant Chief State Counsel for the prosecution, opposed the application of the defence team.

    He described the application of Raji challenging the validity of the counter-affidavit deposed to by the litigation office in the office of the AGF as a “misconception.”

    “The deponent, Wande, got briefing from Deputy Commissioner of Police, Dan Okoro, who headed the IGPs special investigation team.

    “I, therefore, urge the court to dismiss the application made by the 1st to 20th defendants for lack of merit.

    “As for the application of the 21st to 23rd defendants, we got their application this morning but we shall be replying on point of law to avoid further delay in this matter”, Alilu said.

     

    NAN

  • He runs away whenever I get pregnant, aggrieved wife tells court

    He runs away whenever I get pregnant, aggrieved wife tells court

    A pregnant fashion designer, Fatimah Shodunke, on Friday told an Agege Customary Court in Lagos that her husband abandoned his matrimonial home whenever she was pregnant.

    The 32-year-old mother of two, who resides on James Street, Ishaga, a Lagos suburb, made the allegation while responding to a divorce suit filed by her husband, Gbenga.

    She also told the court that Gbenga wanted her to abort her second pregnancy but she refused.

    “My refusal to abort my pregnancy made my husband to pack out of the house to an unknown destination without bothering about the welfare our first child and myself until l gave birth.

    She added that Gbenga moved out of the house again in December, 2016, following her refusal to abort her third pregnancy.

    Fatima submitted that Gbenga was irresponsible and kept beating her at the slightest provocation.

    The respondent, however, prayed the court not to dissolve the six-year-old marriage for the sake of the children.

    The News Agency of Nigeria (NAN) reports that Gbenga, a mechanic, had claimed in the suit that Fatimah was troublesome and had been threating his life.

    He alleged that he moved out of his matrimonial home because Fatimah threatened to kill him with a knife.

    The petitioner said that he was no longer interested in the union.

    The Court President, Mr Phillip Williams, said that the court would do its best to save the marriage.

    He adjourned the case until May 2 for further hearing.

     

     

    NAN

  • Court refuses to order AGF to investigate EFCC chairmen

    Court refuses to order AGF to investigate EFCC chairmen

    An FCT High Court, Jabi, has struck out an application seeking an order to compel the Attorney-General of the Federation (AGF), to investigate former EFCC chairmen for alleged corruption.

    Justice Abba-Bello Muhammad, struck out the application after listening to the submission of the applicants’ counsel, Mr Frank Tietie.

    Plaintiffs in the matter with suit number M/4853/17 were George Uboh and George Uboh Whistleblower Network.

    Muhammad struck out the suit on the ground that the applicants lacked the locus standi to compel the Attorney- General to investigate past chairmen of Economic and Financial Crime Commission (EFCC).

    According to the judge, the applicants have no power under the provisions of the law to decide for the AGF who to prosecute.

    “I have examined the application of the applicants seeking an order of the court to commence an action of mandamus on the respondents.

    “Applicant must have a locus standi before such an application can be granted,’’ the judge said.

    According to Muhammad, a private legal practitioner has no locus standi to compel the AGF to prosecute a person.

    The judge added that Section 383 of the Administration of Criminal Justice Act (ACJA) was specific on when a private legal practitioner could compel the AGF to investigate an individual
    The applicants had prayed the court, to exercise its powers under Section 174 of the 1999 Constitution and order the AGF to investigate and prosecute former and present EFCC chairmen.

    Those listed for investigation were Mallam Nuhu Ribadu, Mrs Farida Waziri, Mr Ibrahim Lamorde, Ibrahim Magu and Access Bank Plc.

    They averred that the EFCC chairmen were fraudulent, and refused to account for recovered money in accordance with Section 15, 16, and 17 of the EFCC Act.
    The plaintiffs said that the respondent owed them a duty to prosecute the EFCC chairmen.
    They said that available evidence showed that Ribadu, Waziri, Lamorde, Magu and Access Bank had committed; “serious acts of fraud and corruption.’’

  • Court summons Falana over ‘supermarket’ judgment comments

    A judge of the National Industrial Court of Nigeria, Justice J.D. Peter, has ordered activist lawyer, Mr. Femi Falana (SAN), to appear before him over comments credited to him.

    Falana was reported to have said that Nigerian courts had become “supermarkets where only the rich do their shopping” during the opening of the Enugu branch of the Nigerian Bar Association Law Week.

    The Lagos lawyer was the guest speaker at the event. The theme of the event was Corruption and the Justice Sector: Implications for the Rule of Law and Democracy.

    The lawyer was also said to have attacked the NBA for condoning corruption, saying that the body’s national election had become even more expensive than a governorship election, with each candidate spending as much as N700m during the association’s presidential poll.

    Falana asked the National Judicial Council and the NBA to restore integrity to the judiciary by identifying and exposing corrupt judges and lawyers.

    However, a lawyer from Falana’s chambers had on March 28 appeared before Justice Peter, who sits in Court 5 at the Lagos Division of the National Industrial Court.

    The lawyer appeared in the court regarding a case, marked NICN/LA/601/2012 involving Chief Ebenezer Ayodele Obadimu vs G. CAPPA Plc.

    Falana’s chambers is representing the judgment-creditor in the case and had then taken an application seeking to enforce the judgment through a garnishee procedure before Justice Peter.

    However, before the lawyer from Falana’s chambers could make his submissions, the judge drew the counsel’s attention to an online publication in which Falana had described courts as “supermarkets where only the rich do their shopping”.

    The judge subsequently adjourned the case for Falana to appear personally in court to explain “if he obtained the judgment by purchase from the judicial supermarket and for how much”.

    He adjourned the case till May 13, stressing that Falana must appear in court to say how much he paid for the judgment which he sought to enforce.

    As of the time of filing this report, Falana had yet respond to a text message by our correspondent seeking to get his reaction to Justice Peter’s directive. His mobile line also rang out when our correspondent called.

  • Dissolve my marriage before my husband kills me, wife begs court

    Dissolve my marriage before my husband kills me, wife begs court

    A housewife,Bose Okeiye, on Tuesday prayed an Idi-Ogungun Customary Court, Agodi-Ibadan, Oyo State, to dissolve her 25-year-old marriage to her estranged husband, Augustine Okeiye, and safe her from an untimely death.

    Okeiye had approached the court seeking dissolution of the marriage which had produced five children, on the grounds that her husband was a threat to her life, not caring and irresponsible.

    She narrated how the defendant battered her to the extent that she had to undergo surgery while on admission in a hospital for two months.

    “I was on admission in a hospital for two months and had to undergo surgery because of my husband’s brutality and constant battering.

    “He neither checked on me nor did he pay my hospital bill throughout my period in the hospital.

    “Later, my family members asked why he refused to visit me in hospital and his response was that my father offended him.

    “My lord, I am tired of him; please dissolve this marriage before he kills me. I want to take care of my five children in good health,” she pleaded.

    The defendant (Augustine) was, however, not in court to defend the allegations leveled against him despite three letters of summons from the court.

    The court’s president, Chief Mukaila Balogun, in his ruling said, “having gone through evidence presented by the complainant and considering the disrespect of the defendant toward the court, it is clear that there is no more love between the couple.”

    Balogun, therefore, dissolved the marriage and ordered that the first two children should be in the custody of the defendant while the remaining three children should be with their mother.

    He also ordered the defendant to pay N9,000 to his wife as monthly allowance for the upkeep of the three children.

  • Malabu oil: Court fixes March 13 for ruling on forfeiture order

    The Federal High Court, Abuja, on Monday reserved ruling till March 13, two separate applications filed by Shell Nigeria Exploration Ltd, and Nigeria Agip Exploration Ltd, seeking reversal of forfeiture order.

    The companies are seeking court order to set aside an order of forfeiture, which it granted the EFCC in respect to Oil Prospecting Licence (OPL) 245.

    The two companies want the court to set aside the order it made on Jan. 26, on the grounds that the EFCC Chairman, in the ex- parte motion, was not the proper person to make such an application.

    Counsel to Shell, Prof. Koyinsola Ajayi (SAN), told the court that the EFCC chairman was wrong in law to have brought the ex-parte motion that led to the order of forfeiture in his capacity as chairman.

    Ajayi said that Section 28 of the EFCC Act did not allow the chairman to bring an ex- parte application in his capacity as chairman.

    He added that the application having been brought by an incompetent person could not invoke the jurisdiction of the court.

    Ajayi added that the order that was made was supposedly to preserve property or assets.

    He, however, said that there was nothing to show that the property in question could be destroyed or moved.

    “This is a licence over some thousands of kilometres over the ocean and the ocean cannot be destroyed or taken away or put under seal by the EFCC.”

    He maintained that it was an intangible thing that was subject to the control of the Federal Government.

    Ajayi submitted that there were three conditions precedent which ought to have been met by the EFCC before bringing the ex-parte motion.

    Specifically, he said that the EFCC ought to have made arrest, trace the property, apply for an order of attachment before seeking an order of forfeiture.

    He said since these three conditions were not met, the order of forfeiture granted was a nullity.

    According to him, by not following the laid down precedent, the EFCC has abused court processes and to that effect, their case is patently hopeless.

    He also said that Section 115 of the Evidence Act was “violently violated,” because the EFCC in its supporting affidavit claimed that it had concluded investigation, whereas the order of attachment could only be applied for pending investigation.

    He also said that there was nothing to show that the order of attachment was a fallout of a nine-count charge filed against the two oil companies before another court as was claimed by the EFCC.

    Ajayi said there was nothing in that charge that showed that it had anything to do with OPL 245, and that the claims that it was fallout could not hold water.

    Opposing the application, the EFCC counsel Mr Johnson Ojogbane, asked the court to dismiss the two applications on the grounds that there was no proper suit before the court.

    He said that the ex-parte application was filed by the chairman in line with Section 44 of the 1999 Constitution, and as such was a competent person to bring the said application on behalf of the commission.

    Ojogbane said that the application lacked merit and should be dismissed as granting it would be a disservice to the Federal Government and Nigerians.

    He urged the court not to vacate the forfeiture order in respect to OPL 245 because of the element of criminality involved.

    The judge, Justice John Tsoho adjourned the matter till March 13 to rule on whether to set aside the order of attachment or not.

    The News Agency of Nigeria (NAN) reports that Justice Tsoho had granted the order of forfeiture following an ex-parte motion filed by the EFCC.

    The court ordered that the property be managed by the Department of Petroleum Resources on behalf of the Federal Government, pending the conclusion of investigation and prosecution of all those involved.

    The EFCC counsel in the motion had noted that the investigation bordered on alleged acts of conspiracy, bribery, official corruption and money laundering.

    Nine suspects were charged to court over the issue in 2016, including the former Attorney-General of the Federation and Minister of Justice, Mr Mohammed Adoke.

    Shell and Agip had approached the court on Feb. 14 asking for an order to discharge the order of forfeiture of OPL 245.

     

    NAN