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Tag: Court

  • $2.1bn Arms Deal: Court reaffirms Dasuki’s bail grant

    $2.1bn Arms Deal: Court reaffirms Dasuki’s bail grant

    Justice Baba Yusuf of an Abuja High Court has again reaffirmed the bail earlier granted former National Security Adviser, NSA, Col Sambo Dasuki (rtd).

    TheNewsGuru.com recalls that Justice Peter Affen of the Federal Capital Territory, FCT, High Court had recently granted the former NSA bail. However, the Federal Government is yet to honour the bail.

    The matter was transferred to the Justice Yusuf-led court who reaffirmed the bail of Dasuki and five others standing trial on a 22-count charge bordering on the misappropriation of $2.1bn arms deal.

    At the resumed trial on Tuesday (today), the trial judge said Dasuki was entitled to bail after he was admitted to same since 2015.

    All defendants pleaded not guilty to the 22-count charge levelled against them.

    However, following their non-guilty plea, counsel to the former NSA, Ahmed Raji prayed the court to reaffirm Dasuki’s bail.

    Raji stated that Dasuki was admitted to bail before the Department of State Services, DSS, illegally arrested and detained him.

    He argued that since the matter was transferred from Justice Affen to Justice Yusuf, the DSS has been separated from the matter, adding that the court record indicated that Dasuki is being prosecuted by the Economic and Financial Crimes Commission, EFCC.

    Raji contended that it was wrong of the prosecution counsel, Rotimi Jacobs, SAN, to have objected to the reaffirmation of the bail condition on Dasuki.

    Jacobs who had earlier told the court that he had no objection to the affirmation of the bail earlier granted to five other defendants in the trial, however urged the judge not to make any pronouncement or order in respect of Dasuki’s bail.

    “Court must not act in vain, there is no point making an order in vain. Dasuki has been in the custody of the DSS since 2015 and is still there till today, ”Jacobs said.

    Ruling on the matter, Justice Yusuf said it would be in the interest of justice to reaffirm Dasuki’s bail irrespective of the action of the security agencies.

    The judge consequently adjourned the matter to February 24, 2016.

  • Court resumes hearing on N6bn libel suit against Dakuku Peterside

    A High Court in Port Harcourt has commenced hearing on the matter instituted by former Governor of Rivers State, Peter Odili against the Director General of NIMASA, Dakuku Peterside over allegations of slander and defamation.

    Counsel to Dakuku Peterside, Roland Otaru, a Senior Advocate of Nigeria had filed an application asking the court to set aside the suit against his client.

    Otaru SAN, said Peterside was not properly served the writ of summons therefore, he was denied the right to fair hearing.

    However, Chief Judge of Rivers state, Justice Iyaye Lamikanra who is presiding over the matter ruled that Dakuku Peterside was properly served.

    Justice Lamikanra asked the Defendants to pay the sum of forty thousand naira for cost.

    Roland Otaru spoke with newsmen on how the ruling of the court affected him, “We are affected by the ruling of the court because we feel that our client wad not served properly.

    “My client lives in a close and not a street. But the court has taken its decision. We don’t have a choice. We will only think of the next action to take but in the meantime we have started our cross-examination.

    Counsel to Odili, Kanu Agabi, SAN said the matter has stalled for too long. He accused the defendants of deliberately delaying the matter which he said was instituted since June, 2016.

    Former Governor, Peter Odili was cross-examined and the matter was adjourned to February 23rd for continuation of cross-examination.

    Former Governor Odili is asking for the sum of six billion naira in damages for alleged character defamation by Dakuku Pererside over his comments that he (Odili) played a role in the alleged bribery of Supreme Court Judges that gave judgement in favour of the Rivers state Governor, Nyesom Wike.

  • Settle out of court, Police advises Army, Premium Times

    Settle out of court, Police advises Army, Premium Times

    Following a raid of the Premium Times office in Abuja and the subsequent arrest of the publisher, Dapo Olorunyomi and the Judiciary Correspondent, Evelyn Okakwu on Thursday, the Federal Capital Territory (FCT) Police Command has urged the management of the paper and the Nigerian Army to resolve and settle their disputes without necessarily charging each other to court.

    FCT Police Commissioner, Mohammed Mustafa, gave the advice on Friday.

    The two journalists, who returned to the Police Command Headquarters on Friday, have been released on bail by the police.

    Mustapha appealed to the two parties to settle their differences amicably and out of court.

    He counselled the military and the media on the need to sustain mutual relationship towards protecting national security and interest.

    Plain-clothed security officers, acting on a criminal defamation complaint filed by Usuagwu Ugochukwu, a lawyer who said he was representing Nigeria’s Chief of Army Staff, Tukur Buratai, stormed the newspapers office in Thursday.

    Ugochukwu claimed in his complaints that by its alleged defamation of Mr. Buratai, the paper’s reporting was “unpatriotic” and amounted to supporting and furthering Boko Haram’s terror campaign in the Nigerian north-eastern zone.

     

  • Appeal Court reserves judgment on impeachment of ex-Ondo Deputy Governor

    An Appeal Court sitting in Akure, Ondo State, on Thursday reserved judgment in a case filed by a former Deputy Governor, Alhaji Ali Olanusi, challenging his impeachment by the state House of Assembly.

    The respondents are the Speaker of the state House of Assembly, Jumoke Akindele and the clerk, Mr. Bode Adeyelu.

    Other respondent is Mr. Olatunji Adeniyan, the Chairman of the seven-man investigative panel that found him guilty of the impeachable offences levelled against him.

    At the resume hearing, Counsel to the appellant, Richamond Natha-Alade, drew the attention of the court to some typographical errors discovered in the suit.

    Natha-Alade prayed the court to take notice of pages 495 to 517 of the suit and make amendments where necessary before delivering its judgment.

    Also, counsel to the respondents, Mr. Taiwo Olubodunrin, however, did not object to the typographical errors discovered in the suit by the appellant.

    In his ruling, the Presiding Judge, Justice M.A. Danjuma, said that the court would scrutinise and take notice of the errors pointed out by the counsel.

    Danjuma said that judgment in the case would be delivered at a later date to be announced by the court.

    Meanwhile Federal High Court in Lagos had on Aug.13, 2016 struck out a fundamental rights enforcement suit filed by Olanusi challenging his impeachment.

    Justice Mohammed Idris, in his judgment, held that Olanusi’s suit was an abuse of court processes.

    Idris said that the reliefs being sought were the same with those in the earlier suit marked AK/51/2015 still pending before an Ondo State High Court in Akure.

  • Fuel subsidy fraud: Court adjourns trial of oil marketer to March 8

    Fuel subsidy fraud: Court adjourns trial of oil marketer to March 8

    A Federal High Court Lagos on Thursday, fixed March 8 for the continuation of trial of an oil marketer, Olaniran Ogundipe, and his company, Petroleum Broker Nigeria Ltd, over N1.3 billion alleged oil subsidy fraud.

    Ogundipe and his company were first arraigned before the court on March 19, 2014.

    At the resumed hearing of the case on Thursday, the trial judge adjourned the matter following the inability of the prosecutor, Mr. Dania Abdullahi to furnish the court with the original copies of documents he intended to use for prosecution.

    The prosecutor had informed the court that the original documents were with his co-prosecutor who he said had been transferred to the State Criminal Investigation and Intelligence department Panti-Yaba.

    Consequently, Justice Hadizat Shagari, urged the prosecutor to make efforts in getting the original copies he intended to use in the matter. She then fixed March 8, for the continuation of trial.

    In an amended charge marked FHC/L/321c/2013, the prosecution alleged that the accused, his company, and other persons now at large, committed the offence between January and April, 2011.
    They were said to have obtained the sum of N1.3 billion as subsidy from the Federal Government under false pretence that they had imported and sold 17,837,160 litres of petrol, into the country via MT Aidin (Ex MT Stena FR8).
    They were also alleged to have on or about January to April, 2011, forged import and vessels documents which they used to obtain the said sum from the Federal Government of Nigeria, as fuel Subsidy.
    Furthermore, the accused were also alleged to have between January and April 2011, with intent to defraud the Federal Government, forged Consolidated Hallmark Insurance Plc.
    He was also said to have forged Marine Certificate number 0006108, dated Feb. 18, 2011, for 15, 000 metrics tonne of petrol.
    The accused was alleged to have forged Certificate of Quality, which they claimed was issued by SGS Inspection Services Nigeria Ltd, and used same to obtained the payment for the Subsidy.
    The offences is said to have contravened the provisions of Sections 8(c),1(1)(a),(3) of Advance Fee Fraud and Other Related Offences Act, 2006.

    It also contravened the provisions of Sections 1(2)(c) of the Miscellaneous Offences Act, Cap. M17, Laws of the Federation, 2006, as well as Sections 467(1) and 467 of the Criminal Code, Laws of the Federation 2004.
    The accused had pleaded not guilty to the charges and is currently on bail.

  • Court fixes Feb 14 for hearing on Nyame’s N1.64bn fraud

    A former governor of Taraba State, Jolly Nyame, who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, before Justice Adebukola Banjoko of the Federal Capital Territory, FCT High Court, Gudu on a 41-count charge of criminal misappropriation of N1.64bn state funds will know his fate on February 14, 2017.

    The court will on that day decide whether he has a case to answer or not.

    The prosecution had on November 22, 2016 closed its case against Nyame after presenting 14 witnesses.

    The trial, however, witnessed a twist on the same day, as the defence told the court that it intended to file a “no case” submission, as it believed that there was no prima facie case established against Nyame.

    At the resumed sitting yesterday, both the prosecution and the defence adopted their written addresses, and gave oral arguments.

    Charles Edosomwan, SAN, counsel for Nyame, alluded to the fact that “crucial elements are missing in this case”, and urged the court to “hold that the testimony of prosecution witnesses have been so damaged and can’t be relied on”.

    He further argued that there was no direct link between Nyame, and a house allegedly procured by him using the diverted state funds, noting that “nobody tendered registered documents linking him to it”.

    According to him, the trial was “an unnecessary waste of time through which an ordeal was inflicted on Nyame, just because he was a former governor”.

    Prosecuting counsel, Adebisi Adeniyi, however, countered Edosomwan’s submission, noting that “a prima facie case had indeed been established against Nyame after the prosecution called 14 witnesses who testified to how they assisted him to divert state funds”.

    “In the course of this trial, the defendant did not at any time deny that he received some of the money in question, and in fact, he has even said that he is ready to return the money,” Adeniyi said.

    He reminded the court that some of the witnesses had confessed in court admitting their several roles during which funds were withdrawn from the state treasury for Nyame’s use.

    He said: “Those who took part in purchase of stationery have come to court and explained their roles through which the money was instead, transferred to bank account belonging to close confidante of the defendant, and all these were not contended.”

    Citing Exhibit Z6, Adeniyi reminded the court that another witness testified to how money purportedly earmarked for the purchase of grains, were never utilized for what it was pencilled for, but instead, “the money was brought to the defendant”.

    He further argued that: “All your lordship will do is to see whether there’s ground upon which your lordship can ask the defendant to enter his defence, not that he is guilty or not, or whether evidence is good enough to convict him, but to say he should defend himself.”

    After listening to the arguments, Justice Banjoko, urged both parties to submit the authorities cited in their submissions, adding that “I want to go through all the evidence, and will give my ruling on February 14, 2017.”

  • My husband denied me sex for 9 years, woman tells court

    A trader, Mrs. Helen Otike, has pleaded an Igando Customary Court, Lagos to dissolve 18-year-old-old marriage to her husband, Godwin, for allegedly denying her sex for nine years.

    Otike, 45, told the court on Wednesday that her husband, with whom she had no child, starved her of sex.

    “My husband does not want me to have a child; he has refused to sleep with me.

    “We live as strangers in the house, no intimacy no relationship,” she said.

    The petitioner said that her husband abandoned her in his five-bedroom duplex seven years ago to marry another wife in Abuja.

    “My husband relocated to Abuja and left only me in the house he built; he refused to take care of me.

    “Whenever I call him, he always told me that he will call me back, which he never did.

    “On two occasions, I travelled to Abuja, I was able to locate where he is working but he refused to take me to his house.

    “It was later I heard that he had married another woman in Abuja who had children for him,” she said.

    She also described her husband as a dubious fellow.

    “When my husband went to Abuja, I connected him with my brother who accommodated him for two years and also introduced him to a business.

    “But he duped the people my brother introduced him to and ran away from my brother’s house and my brother was arrested,” the estranged wife said.

    She said that she also discovered that her husband had a wife and three children before their marriage which he never told her.

    “I stumbled on pictures of my husband’s wedding, I confronted him with those pictures and he confessed that he married the woman when he was in the world.

    “I accepted his plea but not long he impregnated another woman before relocating to Abuja,” she said.

    She begged the court to terminate the marriage that had not produced any child, claiming that she wanted to move on with her life.

    “My husband has children from three women, I also want to be a mother, please dissolve the union so that I can move on with my life,” she said.

    Rebutting the allegations, Godwin Otike, a businessman, said that he stopped making love to his wife when he heard that her mother was behind his predicament.

    “My mother told me that my mother-in-law was responsible for my downfall which I strongly believed because my health and businesses were booming until I married my wife.

    “When my mother-in-law was invited to come and say what she knows about my businesses and health, she refused to come.

    “Because of that, I have to stop any intimacy with her daughter and that also made me to abandon her in my house to relocate to Abuja to start a new life,” he said.

    The respondent said that his wife was a good woman and that he loved her but because of her mother’s demonic nature he has to run for his dear life.

    The president of the court, Mr Adegboyega Omilola, adjourned the case to Feb. 28 for further hearing.

  • Court dissolves 22-yr-old marriage over denial of marital rights

    Court dissolves 22-yr-old marriage over denial of marital rights

    A customary court sitting at Aba-na-Ohazu, near Aba, has dissolved the 22 –year-old marriage between Maduka Isaiah and his wife Nwaburu on grounds of denial of conjugal rights and irresponsible behaviour.

    The dissolution of the marriage contracted in 1994, followed a suit filed by Maduka claiming that his wife had become another woman to him and no longer gives him his matrimonial rights.

    “She comes into the house when she likes and goes off when she feels. She has no respect for me any longer and has adopted keeping malice against me as a way of life.

    “She now treats me in a despicable manner hence her attitude shows that there is no more love in her heart for me.

    “In spite repeated complaints I have made to her people, she has continued in her repulsive ways, thereby prompting me to take this step to sever the marriage relationship existing between us”, he said.

    Maduka, therefore, prayed the court to dissolve the marriage, give him custody of their two female children and to award him other consequential orders as the court may deem fit.

    The respondent was not in court and she was not represented by anybody.

    Ruling, Magistrate Diamond Olewengwa, said that the testimony of Josiah Onuoha, a witness to the marriage, who had made several efforts to settle the couple but had failed, showed the marriage could no longer stand.

    “Love which is the key ingredient of a valid marriage, having been seen to be extinct, leaves no one in doubt that the marriage had broken down irretrievably.

    “Consequently, it is hereby ordered as follows: that the marriage existing between Nwaburu James Isaiah and James Maduka Isaiah contracted in 1994 stand hereby dissolved.

    “The respondent is hereby ordered to vacate the home abode of the petitioner, return the N30 bride price on her head and revert to her maiden or other name of her choice”, he ordered.

    The court said they were free to remarry to any other person of their choice, while urging them to keep the peace and not to threaten each other’s lives.

  • We can see, talk here in court, not in my chambers, judge tells Fani-Kayode’s lawyer

    We can see, talk here in court, not in my chambers, judge tells Fani-Kayode’s lawyer

     

    Following the request of a lawyer, Mr. Norrison Quakers, SAN, defending former Minister of Aviation, Chief Fani-Kayode charged with 4.9bn money laundering by the Economic and Financial Crimes Commission, EFCC, to meet with the prosecuting counsel, Justice Muslim Hassan of the Federal High Court in his chambers, the Judge has turned down the request saying the court room remains the only place where matters are to be heard and tried.

    Justice Muslim Hassan of the Federal High Court in Lagos on Monday turned down the request to meet in his chambers with Mr. Norrison Quakers (SAN), who is defending a former Minister of Aviation, Mr. Femi Fani-Kayode, who has been charged with N4.9bn money laundering.

    Quakers, who newly took over Fani-Kayode’s case from the ex-minister’s former lawyer, Mr. Wale Balogun, on Monday requested both an adjournment to study the case file and a meeting with the judge in his chambers to confer on some issues which could assist the court.


    “I’m coming into this matter for the first time. I was briefed yesterday (Sunday) evening. I need time to study the case.

    “That aside, I had applied to enable the prosecution counsel and me to see the judge in his chambers. It’s imperative that parties approach the court in chambers.

    “It is our duty to protect the dignity of the court. The rules allow the court to hear certain applications in the judge’s chambers. We owe it a duty to protect the court from embarrassment.

    “I have in my possession facts that will assist the court to determine whether to proceed or not,” Quakers said.

    But the lawyer for the EFCC, Mr. Nkereuwem Anana, distanced himself from the meeting with the judge saying, “I have seniors in this matter and so, I don’t think I am the proper person to come for any meeting in the chambers.

    “I said earlier that we are ready to go on and I did not ask for any adjournment; so, if there is a call for any meeting, I will not be a part of that meeting.”

    He insisted that the business of the day was for the continuation of the trial, which had started last year and that he was ready to proceed.

    Responding to Quakers’ request, however, Justice Hassan turned it down.

    “In respect of the application to meet the court in chambers, with respect to the learned Senior Advocate, this court will not oblige that request.

    “Learned senior counsel is at liberty to file a formal application and forward his observations,” the judge said.

    He, however, granted Quakers’ prayer to be given time to study the case file and adjourned till Tuesday, January 17, 2017 for continuation of trial.

    “In respect of his application for an adjournment, since the learned senior counsel has just been briefed and is appearing for the first time in this matter, and this case was adjourned for three consecutive days for trial, on grounds of fair hearing, I will oblige him an adjournment to come back tomorrow (today) for continuation of trial,” Justice Hassan said.

    Recall that the court had postponed the hearing of the case in December 2016 year to January 16, 2017.

  • BREAKING: Court convicts two over fuel subsidy scam

    A Lagos High Court has convicted Walter Wagbatsoma, Adaoha Ugo-Nnadi, and their company Ontario Oil and Gas on an eight count amended charge of fuel subsidy fraud.

    The defendants were found guilty on each of the eight counts.

    The third defendant, Babafemi Fakuade, was, however, discharged and acquitted.

    Details later…