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Tag: High Court

  • Alleged N109bn fraud: EFCC rearraigns suspended AGF Idris, others

    Alleged N109bn fraud: EFCC rearraigns suspended AGF Idris, others

    The Economic and Financial Crime Commission  (EFCC) on Wednesday re-arraigned suspended  Accountant-General of the Federation, Ahmed Idris and three others over alleged N109.5 billion fraud in an FCT High Court,  Maitama.

    Other defendants are Olusegun Akindele; Mohammed Usman and Gezawa Commodity Market and Exchange Limited.

    They were first arraigned on July 22 before a vacation judge,  Justice  Adeyemi Ajayi  on a 13-count charge bordering on misappropriation to the tune of N109.5 billion.

    However, upon the resumption of the court, the case was transferred to Justice Yusuf Halilu.

    They all pleaded not guilty to the charge preferred against them by EFCC.

    Following their not-guilty plea, counsel for Idris, Chris Uche, SAN, prayed the court to allow the defendants continue to enjoy the earlier bail granted them by the court on July 28

    He submitted that they have been complying with their bail conditions.

    Counsel for other defendants aligned themselves with Uche’s application and submission.

    The EFCC Counsel, Oluwaleke Atolagbe, did not object  to the application.

    He, however, left the decision to the court to exercise its discretion.

    Ruling on the application, Justice Halilu held that bail is a constitutional right of a defendant.

    He added that having been previously granted bail by the court, he is favourably inclined to allowing the defendants to continuing enjoying the early bail granted them by the court.

    He, however, directed that defendants  submit their passports to the court’s registrar.

    The judge added that if the documents are with the prosecution, it should pass same to the registrar.

    Justice Halilu adjourned the case until Nov.  23 for hearing.

    The EFCC alleged that between February and December, 2021 Idris accepted from  Akindele, a gratification of N15. 1 billion, which sum was as a motive for accelerating the payment of 13 per cent derivation to the nine oil producing sates in the Federation, through the office of the Accountant General of the Federation.

    The anti-graft agency also alleged that N84. 3billion from the federal government’s account was converted by the first and second defendants between Feb. and Nov. 2021.

    The EFCC said the offence contravenes sections 155 and 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria 1990.

    The defendants pleaded not guilty.

  • Court affirms Sen. Otu winner of APC guber primary in C/River

    Court affirms Sen. Otu winner of APC guber primary in C/River

    The Federal High Court in Calabar has resolved the disputed All Progressives Congress (APC), governorship ticket in Cross River in favour of Sen. Bassey Otu.

    The court, presided over by Justice Ijeoma Ojukwu, in a suit number FHC/CA/CS/95/2022, on Monday in Calabar, held that the plaintiff, Sen. John Owan-Enoh, failed to prove his case.

    Ojukwu held that in the seven paragraph affidavit submitted by the plaintiff, the allegation of forgery could not be established.

    “The plaintiff failed to provide what constitutes the false information provided by the third defendant, who is the candidate of his party in his affidavit, or any document submitted as contained in the constitutional requirement.

    “There is nowhere in the seven paragraph affidavit submitted by the plaintiff that the third defendant submitted any false information.

    “The allegation of forgery was not established in any manner. None of the documents or certificates submitted by the third defendant gave evidence of forgery.

    “I have carefully perused the averments and found no evidence of false information,” the judge said.

    According to her, for the court to rule otherwise, there must be cogent and palpable evidence to the contrary, adding that there has been none presented before the court.

    She added that though the third defendant was not cleared by the screening panel and the appeal panel of the APC, he was however, cleared by the National Working Committee of the party.

    Ojukwu added that it would be a journey into the oblivion to question why he was cleared.

    “The real issues involved in this case have been settled in favour of the third defendant, Sen. Otu.

    “In the final analysis, I find that the plaintiff has failed to substantiate his claims to be deserving of a favourable judgment of this court, in terms of reliefs sought.

    “This honourable court is of the humble, but firm opinion, that the plaintiff’s case lacks merit; so, this case is accordingly dismissed,” she ruled.

    In his reaction, Benson Igbanoi, who held brief for Mike Ozekhome (SAN), lead counsel for Otu, said the pronouncement of the court was a victory indeed.

    However, counsel to Sen. Owan-Enoh, Jacob Dakim, who held brief for Awah Kalu (SAN), said they would appeal the matter immediately.

    On his part, Mr Alphonsus Eba, Chairman of APC in Cross River, described the judgment as “sound”.

    Eba said the judgment had also affirmed that the party did the right thing.

  • Court adjourns alleged perjury suit against Gov. Matawalle

    Court adjourns alleged perjury suit against Gov. Matawalle

    The Federal High Court in Gusau adjourned until Oct. 27 for definite hearing”, the suit filed by a group: Northern Youth Assembly and others against Gov. Bello Matawalle and three others for alleged perjury.

    The group in the suit, alleged that there were discrepancies in the academic and birth certificates, Matawalle presented to the Independent National Electoral Commission (INEC) to seek re-election in the 2023 poll.

    The case, filed at the Federal High Court, Abuja, was later transferred to the Federal High Court sitting in Gusau.

    It was listed for mention on Oct. 4, but adjourned until Oct. 19 for further mention.

    At the resumed hearing of the suit on Wednesday, the presiding Judge, Justice Aminu Bappa-Aliyu adjourned the case until Oct. 27 for, “definite hearing.”

    Speaking to newsmen shortly after the adjustment, counsel to the first respondent, (Gov. Bello Matawalle), Muhammad Shamsuddeen, holding brief for Ahmed Raji, SAN, said the first respondent filed a motion of  preliminary objection on the matter.

    He said that the “plaintiffs were not known to law” as they were not registered with the Corporate Affairs Commission (CAC) as required by law.

    Mr Musbau Salaudeen who appeared for the plaintiffs declined to speak to the press saying he had no clearance from his clients to do so.

    However, the documents provided by the group as contained in the suit FHC/GS/CS/27/2022, claimed there were three different dates of birth  submitted on three occasions to INEC between 2015 and 2022.

    In the suit, the petitioners claimed that the documents Matawalle presented to INEC for the 2015, 2019 and the 2023  elections regarding his secondary school qualifications were not the same.

    The plaintiffs, therefore, prayed the court to declare a case of perjury and non-possession of valid minimum secondary school certificate against the governor.

    Bappa-Aliyu said the court would on the adjourned date, commence definite hearing in the substantive suit.

  • Court orders Kano State Govt to request for Chinese interpreter for alleged Sani’s killer

    Court orders Kano State Govt to request for Chinese interpreter for alleged Sani’s killer

    Justice Sanusi Ado-Ma’aji of a Kano State High Court has ordered the state government to write to the Chinese Embassy to provide an interpreter for Geng Quangrong, a Chinese national who is alleged to have murdered his 22-year-old Nigerian girlfriend, Ummukulsum Sani.

    The 47-year-old Chinese, who is facing a count charge of culpable homicide- contrary to section 221 of Penal Code, appeared in Court on Tuesday.

    When the case came up for re-arraignment, the defence counsel Muhammad Dan’azumi urged the court to provide an interpreter for his client relying on Section 36(6)(a)(b)(c) of the 1999 Constitution as amended.

    “My Lord the defendant is not a Nigerian. The use of English in the court as a language may not be understood by my client and he may not understand the charge he is standing trial for.

    “The defendant is entitled for an interpreter from English to Chinese language, he is exploring his constitutional rights,” he said.

    The defendant was asked if he understands English language and he said no.

    The prosecution counsel, Kano State Attorney General Musa Abdullahi-Lawan told the court that he had directed the Director of Public Prosecution (DPP) to write a letter to the Chinese Embassy and Chinese Community in Kano requesting an interpreter on behalf of the defendant.

    “The defendant spoke good English at the last adjourned date of September 29. When we get an interpreter we will finish the case in a very short time” Abdullahi-Lawan said.

    The judge ordered the remand of the defendant in a Correctional Centre and adjourned the matter until October 27 for arraignment.

    Sani was allegedly stabbed to death in her Kabuga quarters in Kano.

    TheNewsGuru.com recalls that a magistrate’s court in Kano state had ordered the remand of the Chinese national, over the murder of Sani, who is alleged to be his lover.

    According to the police, 22-year-old Sani was stabbed multiple times by Quanrong in her residence at Janbulo quarters, Kumbotso LGA of Kano.

    She was confirmed dead on arrival at the Murtala Mohammed Specialist Hospital Kano.

     

  • Judge withdraws from suit against Cecil Osakwe, writes CJ

    Judge withdraws from suit against Cecil Osakwe, writes CJ

    Justice Mohammed Idris of the FCT High Court has withdrawn from the alleged fraud brought against a property developer, Cecil Osakwe, citing external pressure.

    Justice Idris, on Monday, remitted the case file, which was brought by the office of the Attorney General of the Federation, to the Chief Judge of the FCT High Court for advice.

    The Attorney General of the Federation, Abubakar Malami (SAN) had filed the two-count charges against Osakwe following a petition by Asabe Waziri claiming that his company, Abeh Signature Apartments collected the sum of N130 million without delivering possession to her.

    But in a letter to the Malami by counsel to Osakwe, Victor Giwa, the company adviced him not to allow his “highly regarded” office to be used to defame his client who is an honest businessman.

    Giwa explained that the repossession of the two units of the 2-bedroom apartment at Mekong Close, Maitama, Abuja, priced at N130 million each, totalling N260 million, for which the staff of the Nigerian National Petroleum Corporation (NNPC) was granted possession after a part payment of N140 million, was due to her “violation of the covenants of the apartment.

    He said, “Based on various breaches and her mode of payment, our client approached Asabe Waziri to terminate the transaction and offered to refund her money, an offer Asabe bluntly refused, prompting our client to approach the FCT High Court.”

    A copy of the enrolled order of the FCT High Court presided by Justice Musa Othman showed that the court had on February 17, 2022, upheld Osakwe’s application terminating the contract, refunding and repossessing the apartments in suit no: FCT/BW/CV/2435/2021 that the mode of payments employed for the purchase violated the money laundering laws.

    “That in view of the termination of the contract for the purchase of the two flats of Abeh Court by the claimant, the defendant (Waziri) can no longer claim or exercise ownership over the said two flats,” the judge ruled.

    “Consequently, the court orders the claimant (Abeh Signatures) to immediately refund the entire monies paid to it by the defendant (Waziri), (including the legal and agency fees) and further orders the defendant to immediately hand over possession of the two flats, being flats 3C and 38 of Abeh Court to the claimant,” he added.

  • Court dismiss suit against Natasha

    Court dismiss suit against Natasha

    The Federal High Court sitting in Lokoja on Friday dismissed a suit challenging the nomination of an Abuja based lawyer, Barrister Natasha Akpoti-Uduaghan as the Senatorial candidate of the People’s Democratic Party (PDP) for Kogi Central.

    The case which was presided over by Justice Peter Mallong held that the legal action instituted by another contestant, Adamu Atta was grossly incompetent and incurably defective and thereby robbed the court jurisdiction to entertain it.

    Atta had in his Originating Summons, alleged that Akpoti-Uduaghan did not win the primary election of the PDP for Kogi Central Senatorial District for the 2023 General election and therefore called for the nullification of her nomination.

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    He claimed among others, “that the May 25 primary election which produced Akpoti-Uduaghan was flawed and not validly conducted as required by law.”

    The plaintiff asked the court to void and set aside the primary election as well as the eventual nomination of the defendant.

    However, The defending counsel to Akpoti-Uduaghan, Johnson Usman SAN objected to hearing of the suit on the grounds that the Originating Summon was not endorsed as required by law.

    The Senior Advocate in his preliminary objection against the legal action relied on section 97 of the Sheriff and Civil Process Act to establish that the originating summon was incurably defective and incompetent having not been endorsed in line with provisions of the law.

    Besides the incompetence of the originating summon, “Akpoti -Uduaghan had in her counter affidavit averred that the primary election conducted on 25th May, 2022 was monitored by the Independent National Electoral Commission (INEC) and that she validly won, attaching the result, delegates list and INEC report.”

    In his judgment, Justice Mallong agreed with Usman SAN that the suit was improperly commenced and that the Court lacked jurisdiction to hear it and subsequently dismissed it in its entirety.

  • Court slams N1m fine against Delta SDP guber candidate

    Court slams N1m fine against Delta SDP guber candidate

    A Delta High Court sitting in Warri has fined Mr Kenneth Gbagi, the Social Democratic Party (SDP) governorship candidate in the state a sum of One million Naira for allegedly violating the fundamental human rights of Mr Victor Ephraim.

    The presiding judge, Justice Vera Agbodje, gave the order in a judgment on Monday in Warri.

    Mr Kunle Edun, on behalf of the Claimant, (Ephraim) filed lawsuit No. EHC/FHR/80/2020 against Gbagi and his hotel, Signatious Hotel and Suites Limited as Respondents.

    The Claimant, an employee of Gbagi, had alleged that between Sept. 17 and 18, 2020, Gbagi used the Mobile policemen attached to him to forcefully strip him naked and dumped him inside the booth of his car and drove to his community.

    Ephraim said that while under the unlawful custody of the Respondent, he was tortured and dehumanised alongside three other female staff of the hotel.

    He said that the female staff were also stripped naked and paraded publicly on the allegation that they failed to remit money paid by a hotel guest.

    The Claimant also stated that Gbagi collected their ATM cards and transferred all the money in their bank accounts to the hotel’s account.

    Delivering judgment, Justice Agbodje held that the stories presented by Gbagi were false, concocted and not believable.

    The judge noted that Gbagi took laws into his own hands by torturing his ex-staff and consequently awarded the sum of One million Naira against him and his hotel in favour of Ephraim.

    Responding to the judgment, Gbagi in a statement, said the judgment was a ploy by Gov. Ifeanyi Okowa’s led government to demarket him.

    “As a law-abiding citizen, the expenditure of Okowa’s government to demarket me is a fruitless venture, a waste of time and resources.

    “We have entered an appeal to set aside the “paid junk judgment” for a competent Court and the National Judicial Council to do justice to the procedure.

    “I urge my teeming growing supporters to ignore this Okowa’s paid judgment. You can not demarket what God has marketed,” Gbagi said.

  • COURT: Five armed robbers to die by hanging in Akwa Ibom, Plateau

    The Akwa Ibom State High Court presided by Justice Okon Okon has sentenced two members of a three-man robbery gang to death by hanging.

     

    The convicts, Donald John Obot, 35, a barber, and Blessing Christopher Utah, 36, who have been using tricycles to rob their victims, were sentenced to death, having been found guilty of robbing a trader, Esther Victor Akpan after she withdrew one hundred and ten thousand Naira from her bank on Abak Road, Uyo in December 2018.

     

    They include a 35-year-old barber from Nung Obong in Nsit Ubium Local Government Area, Donald John Obot, and a 36-year-old ex-convict from Ibiaku Uruan in Uruan Local Government Area, Blessing Christopher Utah.

     

    They confessed that they had robbed a man of N500,000, another of N200,000, and a woman at IBB Avenue, Uyo, the state capital, of her N131,000.

     

    Justice Okon, while delivering the judgment, found Donald John Obot and Blessing Christopher Utah guilty of conspiracy and armed robbery.

     

    The Court said, “It is bizarre and unfortunate that armed robbers abused public transport system and converted their tricycles to perpetrate crime, leaving their innocent victims with harrowing experiences and tales of woes.”

     

    Justice Okon added that the convicts confessed that their meeting point was Federal Secretariat, Uyo, before they proceeded to monitor banks and ATM points in Uyo metropolis, looking for customers withdrawing money.

     

    The leader of the gang and rider of the tricycle used in the robbery operations is said to have escaped and his whereabouts are unknown.

     

    The Court said, “his days are numbered”, advising him to use his lucky escape to mend his ways and lifestyle.

     

    Justice Okon ordered that the two defendants should die by hanging for armed robbery, while each of them is to serve seven years imprisonment for conspiracy.

     

    The convicts confessed that they also robbed a man of N500,000, and another of N200,000.

     

    Trial judge, Justice Okon, found Obot and Utah guilty of conspiracy and armed robbery.

     

    The sentence came after the three men were convicted on Friday last week on two-count charge of Conspiracy and Culpable Homicide.

     

    The convicts are Terry Kefas, Samson James and Emmanuel Jah. The fourth defendants, Patrick Nyam died last year.

  • SAN tells court how security guards shot him three times, stole his money

    A Lagos State High Court sitting at the Tafawa Balewa Square has been told how two security guards, Kingsley Asuquo and Isaac Edet, allegedly stabbed a Senior Advocate of Nigeria, Prof. John Mbaduga, and stole his money.

     

    Asuquo and Edet are standing trial before Justice Yetunde Adesanya following an accusation of stabbing and robbing Mbaduga in 2018.

     

    At the trial on Monday, the SAN, led in evidence by the prosecutor, A.M. Adetokunbo, told the court that the defendants were security guards employed to protect the building where his law office was located.

     

    According to the SAN, the incident happened in the afternoon when Asuquo entered and pointed a gun at him in his office on the building’s third floor.

     

    Mbaduga said he was shot three times before he was stabbed twice in the chest.

     

    “I begged them not to kill me so that I could give them money, but Asuquo insisted he was going to kill me, while Edet wanted to take the money. While I was lying in a pool of blood, I heard them discussing that they would take the money and also kill me,” the SAN said.

    SAN
    Prof. John Mbaduga, SAN

     

    The SAN said he told them he had the sum of N80,000 in his bag and over N1m cash in the office.

     

    “Edet took the money; Asuquo removed my wristwatch and two of my phones. On the way to the office, I was in their middle and Asuquo was behind me. Asuquo said he didn’t want money, but wanted to kill me. He stabbed me at the back of my head and Edet stabbed me in my forehead. They started stabbing me everywhere,” he added.

     

    The SAN said the two assailants appeared to be leaving before Asuquo rushed back and stabbed him in the stomach when he saw him still breathing.

     

    “When I came out with blood all over my face, I blocked a car that was passing by. The driver asked me what happened and I told him. He said he saw the two defendants running and he reversed to chase them. Another person came and used his car to take me to a hospital,” the SAN added.

     

    Justice Adesanya adjourned the case till June 22 and 23 for continuation of trial.

     

    In another development, a middle-aged man, Aliyu Hammanseyo, of Mubi North Local Government Area, Adamawa State, has been remanded in prison for allegedly stabbing his friend to death over N1,500.

     

    Hammanseyo, who was arraigned before the Chief Magistrate’s Court, Yola, was remanded over the alleged offence.

     

    The police prosecutor, ASP Francis Audu, who read the charge sheet before Magistrate Muhammed Abubakar, said Hammanseyo stabbed the victim, Bilham Babangida, with a knife, which resulted in the death of the latter on June 7, 2022.

     

    He also said the defendant admitted to stabbing Babangida in the chest during interrogation.

     

    TheNewsGuru.com (TNG) reports that on the charge sheet, the defendant owed Babangida N1,500.

     

    The deceased was allegedly attacked when he attempted to recover the money from his friend.

     

    The prosecutor pleaded with the court to remand Hammanseyo.

     

    The Chief Magistrate, Muhammed Abubakar, adjourned the case till July 14, 2022, and ordered that the defendant be remanded.

  • Absence of judge stalls hearing in rtd AIG Mbu’s suit

    The absence of Justice Osatohanmwen Obaseki-Osaghae of the National Industrial Court Abuja, on Wednesday, stalled a hearing in the suit filed by retired AIG Joseph Mbu, challenging his alleged compulsory retirement against the Police Service Commission (PSC).

    Newsmen reports that Obaseki-Osaghae had on May 19 fixed Wednesday for defence.

    However, the matter listed on the cause list could not go on due to her absence.

    Newsmen learnt that counsel was informed by the court’s registrar about the unavoidable absence of the judge and proceeded to direct counsel to take new dates for their matters.

    Mbu’s matter was consequently adjourned until Oct.13, for the defence to open its case.

    Newsmen report that Mbu instituted the suit against the Commission over his alleged compulsory retirement of July 1, 2016, when he was the Commandant of Police Staff College.

    In his Statement of facts, he stated that he was born on April 10, 1958, joined the Nigeria Police Force ( NPF), on Dec. 11, 1985, and had not reached the mandatory retirement age of 60 nor had he spent 35 years in service before he was retired in 2016.

    The claimant is therefore seeking amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was done via a press release as he was never served statutory notice of retirement.

    The claimant is also seeking an order from the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 till 2018 when he would have been due for retirement.

    Although the matter was earlier before Justice Sanusi Kado, the matter was, however, reassigned to Obaseki-Osaghae following the transfer of Kado to the Calabar division of the court.

    When the matter was before Kado, the parties had on July 11, 2019, informed the court of a discussion with the aim of exploring the possibility of an out-of-court settlement.

    The parties indicating interest to settle the dispute out of court prompted the judge to adjourn for a report of settlement, a development that never happened, or for the continuation of the matter.