Former Governor of Delta State, James Ibori, is currently appearing before a Southwark Crown Court in the United Kingdom, UK.
Ibori is standing trial before the Justice David Tomlinson court over confiscation of assets.
The Delta-born politician, if found guilty, may likely forfeit his assets worth 250 million pounds.
TheNewsGuru.com reports that the former governor who was recently released after serving his sentence, had few days ago promised to return to Nigeria soon.
Details Later…
An Aba-na-Ohazu Customary Court was on Wednesday told how the siblings of Ifeoma Okpalanwa murdered her in order to have her property, and also abandoned her two children.
The former husband of the late woman, Obiora Okpalanwa also told the court the problems he had with his wife which resulted in the dissolution of their marriage.
Obiora Okpalanwa was in court, seeking the order of the court to give him custody of his two children.
He noted that the court gave custody of their children, Mmasinachi and Kamsiriochi to his former wife, Ifeoma.
“I noticed that after the dissolution of our marriage, Ifeoma, my former wife, started having problems with her family members.
“At a point she called me and pleaded with me to come and take the children from her because her siblings were planning evil against her.
“I thought that her plea was one of her gimmicks to draw my sympathy and attention to her until on June 19, 2015, when I got a distress call that her sister and her sister’s children have murdered her,” he said.
Okpalanwa told the court that it was the textile business Ifeoma was doing and making money that she used to buy a house where she lived with her sister and her sister’s children.
According to him, Ifeoma introduced her sister, at her request, into the business after which the woman and her children developed hatred for her and murdered her because of her property.
Okpalanwa said that he returned to the court to recover possession of his two female children, Mmasinachi and Kamsiriochi, because her wife’s siblings had abandoned them without care.
He further said: “the last time I saw them during the burial of their mother, they cried pleading to be taken away from the hardship and hatred they currently face in the village.
“And since I am the only surviving parent of the children, they are entitled to stay with me, their father now that their mother is now late.”
The judge, Diamond Olewengwa, upon careful consideration of the petition and the affidavit in support and oral testimony, said the respondent cannot be allowed to hang the matter indefinitely.
He said that since the lawyer for the respondent filed a counter affidavit but did not respond to the affidavit of the applicant, but opted for a transfer of the case to another court and did not complete the action, it showed they had withdrawn.
Olewengwa said that following the respondent’s lawyer’s inability to respond to the prayer of the applicant, it means that “they have succumbed to the prayer of the applicant.”
“I am of the view that since Ifeoma Ololo is now late, but Obiora Okpalanwa is alive, and is the only surviving parent of the two children, he is entitled to proper custody of his children and not any third party in whatever guise.
“It is, hereby, ordered that Mmasinachi and Kamsiriochukwu are to be in the custody of their father, Obiora Okpalanwa,” the court ruled.
Following the continued detention of the leader of the Shi’ite movement, Ibraheem Zakzaky and his wife, Malama Zeenat despite previous court ruling to release them, an Abuja Federal High Court has directed the Inspector General of Police, IGP Ibrahim Idris, the Attorney General of the Federation, AGF, and Minister of Justice, Abubakar Malami, SAN, and the Director of the Department of State Services, DSS, Lawal Daura to obey its order or go to jail.
TheNewsGuru.com recalls that El-Zakzaky has been in detention since December 2015, after members of the Islamic Movement of Nigeria, IMN, also known as Shi’ite clashed with the Army in Zaria, Kaduna State.
TheNewsGuru.com also recalls that the court had In December 2016 ordered the DSS to free El-Zakzaky and his wife but the Shi’ite leader has continued to languish in custody.
The court also ordered a compensation which was to be paid within 40 days from the day the judgment was delivered.
However, in a notice of consequence of disobedience to court order, the Federal High court warned the listed officials to release El-Zakzaky or face contempt of court charges which is liable to jail term.
The notice sent to the trio, reads in part: “Take notice that unless you obey the direction contained in the order of the Federal High Court of Justice Abuja, delivered on the 2nd December, 2016, which ordered you to release the Applicants in Suit No. FHC/ABJ/CS/281/2016 and its sister case Suit No. FHC/ABJ/CS/282/2016 within forty (40) days, inter alia you will be guilty of contempt of court and will be liable to be committed to prison.”
Frowning at the refusal to release the Shi’ite leader, the court said, “you are yet to comply with the lawful order of this honourable court by refusing to release the following persons namely: Sheikh Ibraheem Zakzaky and Malama Zeenat Ibrahim, in your custody. You are hereby directed to comply with the court order forthwith or you will be guilty of contempt of court.”
See court judgement order below:
The Bayelsa State Government has dragged Nigerian Agip Oil Company (NAOC) to a Federal High Court in Port Harcourt over an oil spillage from the company’s SBM Sirius, in Brass Local Government Area of the state.
The government filed an originating summon through the state’s Attorney-General and Commissioner for Justice, Mr Kemeasuode Wodu.
According to the copy of the summons received by News Agency of Nigeria (NAN) on Friday in Yenagoa, the state government is demanding N1.6 trillion compensation.
The court papers indicate that the damage claim is for general and exemplary damages from the spill, which occurred on November 27, 2013.
The originating summons, in compliance to Order 3 Rule 9 of the court, said the spill contravened the provisions of Regulation 13 of the Petroleum Regulation made pursuant to the Pursuant Act Cap P10 Laws of the Federation of Nigeria.
The Bayelsa government in the suit is also seeking an injunction restraining the defendant, from further discharging onto or allowing crude oil to the waters of and around the said SBM Sirius, Offshore Brass oil export facility.
Another relief sought include an order directing NAOC to provide potable drinking water for the communities in Bayelsa impacted by the said crude spillage from the said SBM Sirius operated by the defendant.
The Bayelsa government added that the defendant should be ordered to take all appropriate steps towards restoring the land, swamps, rivers and waters impacted by the spillage and pay compensation to all persons whose properties were destroyed.
It prayed the court to declare that the action or conduct of the defendant in allowing or causing petroleum to escape from its facility was as a result of operational error into the waters of and around the said SMB facility which flowed into the sea and parts of Bayelsa.
The plaintiff also demanded a declaration that the defendant by allowing or causing petroleum to escape from its facility as a result of its operational error, contravened Regulation 13 of the Petroleum Act Cap P10 laws of the Federation of Nigeria 2004.
The Bayelsa government also want the court to declare that “the defendant is under a legal obligation to restore the lands, rivers, creeks and the entire environment impacted by the spill from on November 27, 2013 to their original state before they were impacted.”
The plaintiff also asked the court to declare that the defendant was under a legal obligation to pay compensation to all persons whose properties were polluted in the State by the said crude oil that escaped from the SBM Sirius facility.
Gunmen suspected to be members of a notorious kidnap and armed robbery syndicate invaded the Owerri High Court on Friday and rescued a suspected member of the gang, Henry Chibueze, who is known as ‘Vampire’.
It was gathered that the suspect and others had been brought into the court premises to face kidnapping and other heinous criminal charges before the attack.
According to a report by The Punch the suspect, Chibueze, who had been in prison custody in Owerri, and about 50 other in-mates were driven to the court in a police van, when about six heavily armed bandits invaded the premises.
The gunmen escaped with Chibueze after a shootout with security operatives, which left several persons with injuries.
The State Public Relations Officer of the Nigerian Prisons Service, Mr. Maduba James, said the suspect, Henry, was at large and that over six people were critically injured during the gunfight.
The PRO said, “We were in the office this morning when we got a distress call that some gunmen were in the court premises, we thought they were DSS officials because by then we were conveying over 50 in-mates to the state High Court for hearing.
“However, the gunmen attacked some of our men and some of the in-mates. They were critically injured and have been taken to the hospital.
“Nevertheless, one of the in-mates who we know as Vampire is at large presently but my Comptroller and other security operatives in the state are on top of the situation”.
A 17-year-old school dropout, on Friday, told a Jikwonyi Customary Court, Abuja, that her sister’s husband forcibly had sexual intercourse with her, and two other sisters.
The teenager, who resides in Minna, gave the testimony as a witness in a divorce petition filed by her elder sister, Janet Suleman, against her husband, Philip Ogho.
“When I was living with my sister, her husband attempted to sleep with me but I never agreed. Whenever I refused, he beat me.
“One day he asked me who I am, that he can’t have sex with me, that he has sexed my other two sisters living with them,” she testified.
The witness said that her sister’s husband kept on maltreating her until she gave in to his request.
“He kept on beating me, and then one day I could not bear it again, so I allowed him to sleep with me.
“He threatened to deal with me if I tell my sister. I didn’t tell my sister but I told the other two he had sex with,” she told the court.
She told the court that she left her sister’s house because her sister’s husband kept coming to have sex with her every night.
The Court’s President, Everyman Eleanya, however, ordered that a hearing notice be placed at the Ogho’s residence because of his continued absence in court since the commencement of hearing in the case.
Eleanya adjourned the case till Jan. 31 for hearing.
![[BREAKING] Malabu oil deal: Court orders return of OPL 245 oil well to Nigerian govt](https://thenewsguru.ng/wp-content/uploads/2016/11/court-1.jpg)
An Abuja Federal High Court on Thursday ordered the return of OPL 245 back to Nigerian government.
TheNewsGuru.com reports that OPL 245 is considered the largest oil block in Africa with a production rate of over 9bn barrel of crude oil.
The oil well is currently a subject of investigation by the Economic and Financial Crimes Commission and other security agencies in five countries.
TheNewsGuru.com recalls that in 2011, two oil giants, Shell and Eni reportedly paid about $1.1bn into a Nigerian account to take over the oil block.
About 70 per cent of the money was subsequently transferred in controversial circumstances into Malabu accounts controlled by a former Petroleum Minister, Dan Etete.
Etete was said to have subsequently transferred over half of what he got into accounts allegedly controlled by one Aliyu Abubakar.
Reports recently linked former President, Goodluck Jonathan to the deal, saying he allegedly got kickbacks but the ex-President has since denied it.
In December 2015, EFCC had filed fraud and money laundering charges against Etete and Abubakar.
During Thursday’s resumed trial, Justice John Tsoho ordered that the oil well be returned to the government pending “the conclusion of investigation,” by the EFCC.
Details Later…
A Kenyan Court on Thursday ordered doctors to end a strike in the next five days or face jail after a stoppage of more than six weeks that has plunged state hospitals into crisis at the start of an election year.
Justice Hellen Wasilwa had initially handed union leaders a suspended one-month sentence on Jan. 12 after they defied a December ruling declaring the strike illegal.
She had also given them a two-week period for negotiations to avoid jail.
On Thursday, she extended the period for the doctors to call off the strike by five days.
“The role of this court is to bring a solution, and an amicable solution,’’ she said when announcing the extension.
Several thousand doctors and their supporters marched from the court to the centre of Nairobi for a meeting where union leaders were to discuss their response to the court order.
The 5,000 members of the Kenya Medical Practitioners Pharmacists and Dentists’ Union (KMPDU) first walked out on Dec. 5.
Since then, newspapers have reported patients in critical condition left unattended and published images of empty hospital beds as families have taken patients home to look after them.
The union is demanding the fulfilment of a 2013 agreement which it awarded doctors a 150-180 per cent pay rise on basic salaries, which is a review of working conditions and promotions criteria, as well as hiring of more staff in state hospitals.
The East African state’s government says it can only afford a 40 per cent pay rise but would work to meet other conditions.
“We are not refusing to pay doctors, but if they ask ridiculous amounts, you have to explain why we cannot afford that, adding that conceding would encourage more worker strikes,’’ Finance Minister, Henry Rotich said.
Lecturers at public universities launched a strike last week, a further headache to the government in the approach to presidential and parliamentary elections in August when President Uhuru Kenyatta will seek a second and final term.
An FCT High Court, on Wednesday admitted in evidence document tended by EFCC in the allegation of diversion of $2.1bn arms funds made against Retired Col. Sambo Dasuki.
TheNewsGuru.com recalls that Dasuki, a former National Security Adviser, NSA to ex- President Goodluck Jonathan, was arraigned on a 19-count charge.
He is being tried alongside Shuaibu Salisu, a former Director of Finance, Office of the National Security Adviser, and Aminu Baba-Kusa, a former NNPC Executive Director.
Two firms, Acacia Holding Limited and Reliance Referral Hospital limited are also being tried.
The trial judge, Justice Hussein Baba-Yusuf, admitted in evidence some documents, which the first prosecution witness, Mr Michael Adariku sought to tender through the Prosecution Counsel, Mr Rotimi Jacobs (SAN).
Baba-Yusuf overruled submissions by all the defence counsel and admitted the documents, and adjourned the matter till March 16 for continuation of hearing.
Earlier, Mr Michael Adariku, an official of EFCC and first prosecution witness, told the court that on September 2015, he received a report on Dasuki, alleging abuse of his office and Money Laundering.
He said letters were sent to the Central Bank of Nigeria (CBN) regarding the account of NSA domiciled with CBN, adding that on Sept. 22, the apex bank responded.
He said the analysis showed movement of funds to various companies, which included Acacia Holding Limited and Reliance Referral Hospital limited in UBA, ECO and First Banks.
“N600 million and N650 million were paid into Acacia accounts with UBA and ECO bank respectively, while N750 million was in Reliance and First Bank.
“We wrote to these banks to furnish us with the account statements and responses were received from them.
“When we analysed the responses, we found out that the funds were from the office of NSA account domiciled in CBN.
“From the Corporate Affairs Commission (CAC), we also got a response, which was analysed and found out that the 3rd defendant, Aminu Kusa was the principal shareholder of the companies.
“We invited him and others to our office and confronted them with those responses and they volunteered statements,’’ he said.
The prosecuting counsel had sought to tender the documents, but that was objected by the defence counsel.
The defence counsel specifically objected to the admissibility of the documents from CAC, and account statements from UBA, ECO and First Banks.
Their argument was that the documents were not duly certified and did not comply with the Provisions of Sections 104 and 84 of the Evidence Act.
The prosecuting counsel had argued that the laws guiding the operations of banking allowed those documents to be admitted.
At the resumed hearing earlier, Mr Ahmed Raji, Daski’s counsel had informed the court that he had application for consolidation of the two cases.
“In regard to the situation in the two matters, we are filing a motion for consolidation of the two set of charges.
“And with all due sense of responsibility, we urge your lordship to consider this application, which we believe will help in the effective management’’.
He said that they waited till now to allow for the re-arraignment, which held on Tuesday.
“Now the coast is cleared, other defence counsel aligned’’.
TheNewsGuru.com reports that Mr Solomon Umoh (SAN), counsel to the 3rd defendant, said that because it was in line with history as a matter of fact, the whole exercise was to ensure that the two cases were properly managed.
Jacobs urged the court to recall the antecedent “that brought us to this stage of transfer and consolidation’’.
“We agreed to transfer the two matters to one court and handle them separately, that was our understanding.
“But now, they are coming out with this application, this is 2015 case and we have not commenced trial.
“For us to progress, let us continue with what we have agreed.’’
He reminded the court that justice was not only for the defendants.
Jacobs said that the case should be allowed to start, alleging that there was a mind-set not to allow the case to go on.
Raji informed the court that this motion had been there, but only needed to be fine tuned.
He said the application was previously filed on May 31, praying for the consolidation and transfer and was already pending and have not be cleared.
Umoh, said that the reaction from Rotimi was that of fear that the case would drag.
He wished for a measure of progress on the matter if there could be a way to look at it , including the three lawyers.
A Federal High Court Lagos, on Tuesday, fixed Feb. 16 to deliver judgment in a suit by the Economic and Financial Crimes Commission (EFCC) seeking forfeiture of funds linked to a former Minister of Petroleum Resources, Diezani Allison-Madueke.
Justice Muslim Hassan fixed the date after hearing arguments from counsels representing parties in the suit.
TheNewsGuru.com Justice Hassan had on Jan. 6, issued an interim order of forfeiture of the sum of 153.3 million dollars to the Federal Government, following an exparte application by EFCC seeking similar relief.
The EFCC had initiated the exparte application seeking an interim order, for the temporary forfeiture to the Federal Government of the sum, which it claims is linked to Diezani.
The court had also issued 14 days to any interested party to appear and prove the legitimacy of the monies, failing which the funds would be permanently forfeited to the Federal Government.
At the resumed hearing of the case on Tuesday, Mr Charles Adeogun announced appearance for Lawal, who is joined as respondent in the suit.
On the other hand, Mr Rotimi Oyedepo announced appearance for the EFCC.
Oyedepo informed the court that in line with its interim orders of Jan. 6, the EFCC had served same on Lawal.
He also informed the court that the order was also published in the Independence Newspaper of Jan. 12, in compliance with the orders of the court.
In response, counsel to Lawal, (Adeogun) confirmed the position, and added that he had filed a counter affidavit deposed to by Lawal, challenging the said forfeiture orders.
Arguing his application, he urged the court to issue an order, directing a refund of the sum of N9.08billion to his client on the grounds that same was obtained by coercion.
He argued that before such forfeiture orders could be made, two essential elements must be satisfied namely: “that the property in question is unclaimed, and that such property or funds forms proceeds of an unlawful act.’’
He said: “We became aware of the forfeiture order when the interim order was served on us; My client was never confronted with these sets of facts during his incarceration at the EFCC.
“After service of the orders, I requested for the statement of my client to the commission, but same was never given to me,” he said.
He argued that his client admitted having received the sum of 25 million dollars in clear dispensation of his duties, but was coerced by the commission to further admit receiving a total of 65 million dollars.
According to him, the sum of 40 million dollars was therefore, taken as an overdraft from his bank to offset the alleged extra sum.
He therefore urged the court to order the immediate refund of the sum to his client.
TheNewsGuru.com reports that in his reply, Oyedepo submitted that the tenure of Section 17 of the Advanced Fee Fraud and Other Related Offence Act made a property, which is reasonably suspected to be proceeds of crime forfeitable to the Federal Government.
“Going by the facts and circumstances of this particular case, can it be said that the sum of N9.08 billion which is the naira equivalent of 40 million dollars was not reasonably suspected to form proceeds of a crime,” he queried.
He argued that Paragraph 4 of the applicant’s reply affidavit shows a meeting of the minds of some staff of the Nigeria National Petroleum Corporation (NNPC) and the respondent to launder funds.
“My lord, Paragraph 4 of our reply affidavit shows a meeting of the minds of one Gbenga Komolafe, former group Managing Director, Crude Oil Marketing Division NNPC, Prince Haruna Momoh, former group Managing Director, Petroleum Product Marketing Company, Umar Farouk Ahmed, Group Managing Director, Nigerian Product Marketing Company and Dauda Lawal, to launder funds on behalf of former petroleum minister, Diezani Allison Madueke.
“It will amount to contesting the obvious for Lawal to argue that he had no knowledge of the said sums,’’ he said.
Oyedepo argued that it was uncommon for a law enforcement agency like the EFCC to detain a person in its custody in perpetuity without an order of the court, adding that the statement of Lawal was lawfully obtained.
“The respondent was duly cautioned before he voluntarily made his statement at the commission, and his lawyer even appended, his signature further attesting to the fact that the statements were obtained voluntarily.
“So having freely volunteered a statement, he cannot urge my lord not to attach full probative value to his statement.
“I submit that the appropriate order in the circumstance is for the court to order a final forfeiture of the sum of N9.08 billion already surrendered by the respondent, to the Federal Government.
He also urged the court to order the forfeiture of other sums to which no claim had been laid.
“I urge the court to so hold,” he said.
After listening to the submission of counsels, Justice Hassan fixed Feb. 16 for judgment.