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Tag: Judge

  • JUST IN: Judge orders prosecution of three Channels Television staff

    JUST IN: Judge orders prosecution of three Channels Television staff

    A judge presiding over the case of alleged fraud involving a former National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh, has demanded the prosecution of three staff of Channels Television.

    The judge, Okon Abang, also asked the office of the attorney general to institute a case of alleged prejudicial comments against a lawyer, Benchux Nwosu, representing Metuh.

    The judge gave the order after listening to a recorded programme aired on Channels Television involving the ongoing trial of Mr Metuh.

    The judge, however, failed to include a lawyer representing the Economic and Financial Crimes Commission, Johnson Ojogbane, who spoke through a telephone conversation to the station during the aired programme.

    “The court has listened attentively to the video recording of Channels Television Sunrise Daily of April, 2018.

    “I noticed that Bemchux Nwosu was also on the programme. I heard what he said about the trial going on in this court. If he was in court before me. I would have known what to do. I thought he had the courage. He ought to have appeared before the court.

    “It is clear that the statement of the programme was aired outside the court not within the court therefore I have no jurisdiction to determine whether the statements are prejudicial to this court,” the judge said.

    Abang said though he has no jurisdiction to declare that the statement made by the three persons representing channels constituted prejudicial discussion, ” I have jurisdiction to refer this matter to the body that can determine such.”

    The judge then ordered that the matter be referred to the disciplinary committee of the Nigeria Bar Association. He also directed that the prosecution (EFCC) file copies of compliance to the judgement within 30 days.

    Part of what the prosecution is expected to comply with is the arraignment of the three journalists along with Mr Nwosu in a court of law.

    The judge said the case should be instituted by the office of the Attorney General of the Federation, Abubakar Malami.

     

    Details later…

     

  • Nigerian elected judge of African human rights court

    Nigerian elected judge of African human rights court

    The federal government on Sunday congratulated Justice Stella Anukam on her election as one a judge of African Court on Human and People’s Rights.

    The Minister of Foreign Affairs, Geoffrey Onyeama, who hailed the development in a message released to newsmen on Sunday in Abuja, said Mr Anukam’s election was “a great victory for Nigeria”.

    Ms Anukam was elected among 11 new judges of the court.

    “Nigeria secured the seat after fourth round of keenly contested election at the ongoing 31st African Union Summit of Heads of State and Government in Nouackchott, Mauritania.

    “Anukam is currently Director, International and Comparative Law, Federal Ministry of Justice,” the minister, who attended the summit, said.

    According to him, Ms Anukam has a distinguished legal career spanning over 32 years and doubles as the National Coordinator on Human Rights Issues in Nigeria.

    ”A Fellow of the Chartered Institute of Arbitrators in Nigeria, Anukam was a former Director, Freedom of Information Unit in the Federal Ministry of Justice.”

    Similarly, in a statement, the minister’s media aide, Sarah Sanda, quoted Ms Anukam’s as saying that her mission at the Court was to contribute to build a strong, just and independent African Court.

    She said that Ms Anukam pledged to be committed to thorough interpretation and application of the Africa Charter, and other relevant human rights instruments for the protection and promotion of human and people’s rights in Africa.

    The African Court on Human and Peoples’ Rights is a continental court established by African countries to ensure the protection of human and peoples’ rights in Africa.

    It complements and reinforces the functions of the African Commission on Human and Peoples’ Rights.

    The judges are elected for a six-year term, renewable once.

    The judges, among themselves, elect a President and Vice-President, who serve a two-year term.

    They can be re-elected only once. The President of the Court resides and works on a full-time basis at the seat of the Court, while the other 10 Judges work on part-time basis.

     

  • NJC recommends sack of judge, investigates seven others

    The National Judicial Council (NJC) has recommended the sack of one judge and commenced an investigation of seven others.

    The council, the highest decision making in the judiciary, made the decision at its meeting held on Tuesday and Wednesday in Abuja, according to a statement by its spokesperson, Soyinka Oye.

    Justice Michael Goji of the High Court of Adamawa State was recommended for compulsory retirement “for refusing to proceed on transfer to the Mubi Judicial Division of the State High Court since July, 2017,” Mr Oye said.

    The council also recommended the appointment of 22 judges for various offices.

    Read Mr Oye’s full statement below.

    The National Judicial Council under the Chairmanship of the Honourable Mr. Justice Walter Samuel Nkanu Onnoghen, GCON, at its 86th Meeting which was held on the 8th and 9th May, 2018, recommended the compulsory retirement of Hon. Mr. Justice Michael Goji of the High Court of Adamawa State for refusing to proceed on transfer to the Mubi Judicial Division of the State High Court since July, 2017.

    Hon. Mr. Justice Michael Goji was recommended for compulsory retirement to Governor Bindo Umaru Jibrilla of Adamawa State sequel to the advice of the State Judicial Service Commission to Council after its Findings on the allegations of misconduct levelled against him.

    The Adamawa State Judicial State Commission had conducted an investigation on the conduct of Hon. Mr. Justice Goji, following the directive of the Chief Justice of Nigeria, after receiving the complaint of his misconduct from the Adamawa State Chief Judge.

    Aside from the recommendation for compulsory retirement, Council also directed that he should refund all salaries received by him from July, 2017 till date, failing which the Adamawa State Government is to deduct the amount from any entitlement due to him and remit same to the National Judicial Council which pays salaries of all Judicial Officers in the Federation.

    In the interim, the Council in exercise of its disciplinary powers under the Constitution of the Federal Republic of Nigeria, 1999, as amended, has suspended Hon. Mr. Justice Goji from office pending his removal from office.

    Council considered the reports of various Investigation Committees and dismissed petitions written against Hon. Mr. Justice Paul Adamu Galinje of the Supreme Court, Hon. Mr. Justice Aminu Sabo Ringim, Chief Judge, Jigawa State, and Hon. Mr. Justice Peter Umeadi, Chief Judge, Enugu State.

    The petition against Hon. Mr. Justice Paul Adamu Galinje of the Supreme Court was dismissed sequel to its withdrawal by Hon. Yaro Abarshi and Hon. John Yobi Yarafa and others, who alleged that he interfered in a Chieftaincy matter in Taraba State.

    The petition against Hon. Mr. Justice Aminu Sabo Ringim was also dismissed because the Petitioner, Dr Jamil Gwamna who wrote to Babatunde Raji Fashola, SAN, Minister of Power and Works who in turn forwarded same to the National Judicial Council, withdrew the petition. The allegation was that the Hon. Judge ordered the arrest, assault, and detention of staff of Kano Electricity Distribution Company (KEDCO) when they disconnected the electricity at the State High Court and the Judge’s house for non-payment of bills. The Committee that investigated the matter found that the Petitioner could not show or prove that Hon. Mr. Justice Ringim instructed or directed the arrest of KEDCO’s staff.

    Council did not find any reason to further investigate Hon. Mr. Justices Paul Galinje and Aminu Ringim after the withdrawals.

    Petitions written against twenty-five (25) Judicial Officers and others by EFCC were also considered by Council after which it resolved to empanel seven (7) Committees to look into the allegations.

    Petitions against various Judges were dismissed for, lack of establishment of misconduct, being subjudice or that such petitions were matters for appeal. The dismissed petitions were against Hon. Mr. Justices A. I. Chikere and J. T Tsoho, Emeka Nwite and Nnamdi Dimgba of the Federal High Court, Hon. Mr. Justice Adetokunbo Banjoko of FCT High Court, Hon. Mr. Justice Taminu Zailani, Chief Judge, Kaduna, Hon. Mr. Justice M. A. Adeigbe, High Court, Osun State (who had already retired from the Bench), and Hon. Mr. Justice E. N. Ogbuiji, High Court, Rivers State.

    Council at the Meeting also recommended twenty-one (21) Judges for appointment as Chief Judges, Grand Kadi, High Court Judges, Sharia Court Kadis, President, Customary Court of Appeal, and one (1) Member, Code of Conduct Tribunal.

    Council also received the Report of the Performance Evaluation Committee of Judicial Officers of Superior Courts of Record in the Federation on sixteen (16) Judges invited by the Committee to explain their low performance in the last two (2) to four (4) quarters in the year 2017.

     

    Soji Oye, Esq.

    Director, Information

  • BREAKING: Judge sentences convicted senior lawyer to prison

    A senior Nigerian lawyer, Joseph Nwobike, who was earlier convicted has been sentenced to one month in prison.

    Nwobike was convicted on 12 counts of attempting to pervert justice.

    He was sentenced to one month in prison for each of the 12 counts. But because the sentences are to run concurrently, he would spend only one month in prison.

    Nwobike, a Senior Advocate of Nigeria (SAN), was convicted by the Ikeja Division of the Lagos High Court on Monday.

    Justice Raliat Adebiyi, however, found the lawyer not guilty on offences of offering gratification to a judicial officer and making false declaration to an officer of the Economic and Financial Crimes Commission (EFCC).

    Nwobike is being prosecuted by the EFCC.

     

    Details soon…

  • Absence of judge stalls Evans’ trial

    The proposed trial of suspected kidnapper, Chukwudumeme Onwuamadike alias Evans was on stalled on Monday at an Ikeja high court owing to the absence of the trial Judge, Justice Oluwatoyin Taiwo.

    It was gathered that the trial judge, Justice Oluwatoyin Taiwo was on official assignment with the Chief Judge, Justice Opeyemi Oke.

    The matter was therefore adjourned till June 16 for continuation of trial by the court registrar.

    At the last proceedings, two Compact Disks (CDs) showing video recordings of Evans confessing to his crimes was shown and admitted in evidence by court.

    The video showed Evans confessing to kidnapping of his victims and to armed robbery within and outside Lagos state.

    The clips from the video were played while the Director of Public Prosecution (DPP), Titi Shitta-Bey was leading a witness, Inspector Idowu Haruna in evidence-in-chief

    The video showed him smiling occasionally as he narrated his escapdes in bank robberies and kidnapping.

    Evans said the Ransome collected ranged from $250,000 to $1million depending on the victim.

    Evans in the video was also heard giving details of his family background, how he ran away from home, went into armed robbery and later kidnapping.

    While giving evidence, Haruna said Evans, during interrogation, gave them names and information about the people he had kidnapped in Lagos and in other states.

    “He confessed that on June 28, 2014, at Saka Street., Amuwo-Odofin in Lagos, he was armed with an Ak47 gun and he kidnapped Mr Sylvanus Ahanonu, taking him to their hideout in a danfo bus.

    “After holding the victim for nine weeks, they contacted his family demanding $2million. We negotiated with his family and they agreed to pay $420,000” adding that the money was paid by installments.

    Haruna had stated further that after Sylvanus regained his freedom, he gave a statement to the police.

    He stated further that the victim’s wife, Mrs Chinyemere Ahanonu who negotiated his release and his brother Dominic Ahanonu who dropped off the ransome all volunteered statements.

    Evans is standing trial alongside co-defendant, Victor Aduba.

    They are facing a four-count charge of kidnapping of Sylvanus Ahanonu Afia and for unlawful possession of firearms.

    Evans is also facing similar charges before Justice Hakeem Oshodi also of Ikeja High Court.

     

  • ‘EFCC have no powers to declare anyone wanted without court order’

    The Federal High Court sitting Abuja on Thursday ruled that the Economic and Financial Crimes Commission (EFCC) lacks the powers to declare anyone wanted without first obtaining a court order for that purpose or charging the suspect with an offence.

    Justice Othman Musa ruled that although the EFCC could declare as wanted persons who fail to honour its invitation for investigation, it could only do so if it obtains a court order for that purpose.

    The judge made this pronouncement in a fundamental rights enforcement suit filed by the Chief Executive Officer of AITEO Group, Benedict Peters.

    Peters had, in the suit marked, FCT/HC/CV/23/2017, accused EFCC of declaring him wanted on its website without following due process.

    The EFCC and the Attorney-General of the Federation were the respondents to the suit.

    The plaintiff, through his lawyer, Mike Ozekhome (SAN), contended that his declaration as wanted by the EFCC to declare him wanted without a pending charge against him or a valid court order to that effect was a violation of his fundamental rights.

    The EFCC had said Peters was being investigated in relation to his alleged involvement the $115m allegedly used by agents of the past administration to bribe officials of the Independent National Electoral Commission during the 2015 election.

    The anti-graft agency said it declared Peters wanted after obtaining an arrest warrant from the Magistrates’ Court in Lagos, following his refusal to honour invitations sent to him.

    But Justice Musa, in his judgment, noted that there were discrepancies in the dates in a copy of the bench warrant tendered by the EFCC.

    He said it was wrong for the EFCC to declare Peters wanted on the basis of the bench warrant, which he noted, did not contain any instruction to that effect.

    The judge held that EFCC’s decision to declare Peters wanted, without first obtaining a court order to that effect or filing a charge against him in court, was a violation of his fundamental rights, particularly the right to freedom of movement.

    He ruled, “The 1st respondent (EFCC) has the power to declare anyone wanted upon meeting all the conditions precedent.

    “There cannot be a valid restraint of individual’s right to movement without the order of a court.”

    He set aside the declaration of the applicant wanted by the EFCC.

    But the judge refused to set aside the arrest warrant got against Peters by the EFCC.

    The judge did not also make any pronouncement on the applicant’s prayer for an order directing the EFCC to publicly apologise to him.

    He also refused to award any cost against the EFCC.

    The judge had earlier dismissed the preliminary objection by the AGF challenging the jurisdiction of the court to hear the matter.

    The judge held that contrary to the AGF’s contention, both the state High Court and the Federal High Court had jurisdiction over fundamental rights enforcement suits.

  • Again, Innoson shuns court, petitions NJC over judge

    Innocent Chukwuma, the Chairman of Innoson Motors Nigeria Ltd., has again failed to appear in court for his arraignment at an Ikeja Special Offences Court.

    Instead, he has petitioned against the judge trying the case.

    Justice Mojisola Dada had on Feb. 9 issued a bench warrant for Innoson’s arrest following his failure to appear in court on Jan. 17 and Feb. 9 to take his plea for an alleged fraud.

    The Economic and Financial Crimes Commission (EFCC) had taken Innoson to court for alleged conspiracy and fraud.

    During Wednesday’s proceedings, Dada said Innoson had filed a petition against her to the National Judicial Commission (NJC).

    Dada said she would not take further steps in the hearing of the case until she responded to the undisclosed grounds in the petition against her.

    “I have no personal interest in this case, in fact, I will be relieved if this case is taken from me as it will be a reduction of my workload.”

    Earlier, Mr George Uwechue (SAN), Counsel to Innoson Motors Nigeria Ltd., told the court that he had filed four applications concerning the case.

    Uwechue said the applications should be heard by the court first before the automobile boss could be arraigned.

    He argued that the EFCC had just served the defence with an amended charge despite a pending appeal in the higher court over the charges.

    “We have just been served with the amended charge by the EFCC, My Lord, there is a Notice of Appeal filed against the order of this Honourable Court.

    “There is also at the Court of Appeal a Notice to Stay Proceedings of this matter, we were not given adequate time to study the charge.

    “The charge is an abuse of court processes, there is a charge pending at the Federal High Court filed against the first defendant by the Federal Government,” he said.

    In his response, Mr A. B. C Ozioko, the lead prosecuting counsel for the EFCC, asked that the arraignment should go as scheduled.

    Ozioko submitted that the applications filed by the defence was a ploy to delay proceedings.

    He said: “The defence running to the NJC is immaterial, this case should not be treated as special, it is like any other case. I hear the first defendant may be in court.

    “The defence filed five applications not four as alleged by the senior advocate.

    “On Jan. 15, they filed an application challenging the jurisdiction of this court; on Jan.18, they asked for a mandatory injunction that the EFCC not be heard in any of the application.

    “On Feb. 5, they filed another application that Your Lordship disqualifies herself, on Feb. 9, they filed an application requesting for the stay of execution of the order of the bench warrant.

    “And on Feb. 12, they asked My Lordship to dismiss the bench warrant. Prof. J. N Mbadugha, the counsel to the second defendant, has abused court processes, it is not meant to harass and intimidate the court.”

    Ozioko noted that EFCC had responded to the five applications and was ready to proceed with the case despite evading of arrest by Innoson by the EFCC.

    “The presence of the SAN cannot change the fact that the defendants must be physically present in court, that is the law.

    “We made efforts to approach the second defendant by going to Enugu, Nnewi, Abuja, and going through the back gate of the Senate and now we are here.”

    NAN reports that Chukwuma and his company, Innoson Motors Nigeria Ltd., are to be arraigned on a four-count charge of conspiracy to obtain property by false pretenses, obtaining property by false pretenses, stealing and forgery.

    According to the charge sheet, the defendants committed the offences between 2009 and July 2011 in Lagos.

    The EFCC alleged that defendants with intent to defraud, conspired to obtain by false pretenses containers of motorcycle, spare parts and raw materials, property of Guaranty Trust Bank (GTB) from Mitsui OSK Lines Ltd, Apapa, Lagos.

    They are alleged to have fraudulently induced staff of Mitsui OSK and Maersk Line to deliver to them via their clearing agents the goods which were imported from China in the name of GTB by falsely pretending that they were authorised by the bank to clear the goods.

    The prosecution claimed that the defendants in order to facilitate the fraud forged a bill of lading numbered 598286020 of Maersk Line Limited and 11007950841 of Mutsui O.S.K Lines by knowingly putting a false GTB stamp and signature of the bank staff.

    The alleged forgery was in order that the forged documents be used or acted upon as genuine to the prejudice of any person within Lagos or elsewhere.

    The offences contravened Sections 1(1)(b), 1(3), and 8(a) of the Advanced Fee Fraud and Other Related Offences Act 2016 and Sections 309(9), 388, 465 and 467(1)(j) of the Criminal Code, Laws of Lagos State 2003.

    The case was adjourned until April 25 for arraignment of Innoson.

  • Nigerian judge, Chile Eboe-Osuji elected president of International Criminal Court

    A Nigerian judge, Chile Eboe-Osuji has emerged President the International Criminal Court (ICC).

    Chile Eboe-Osuji, who became the first Nigerian to be elevated to the court in 2012, would serve as ICC president for the next three years.

    The announcement was contained in a statement posted on ICC website on Sunday.

    See the full statement below:

    “Today, 11 March 2018, the judges of the International Criminal Court (ICC), sitting in a plenary session, elected Judge Chile Eboe-Osuji (Nigeria) as President of the Court for a three-year term with immediate effect. Judge Robert Fremr(Czech Republic) was elected First Vice-President and Judge Marc Perrin de Brichambaut (France) Second Vice-President.”

    The new appointee was also quoted in the statement.

    “I am deeply honoured to have been elected by my peers as President of the International Criminal Court. As I take up my duties, I feel encouraged that I am able to rely on the wide experience of the two Vice-Presidents, Judge Robert Fremr and Judge Marc Perrin de Brichambaut, both of whom I have closely worked with previously.

    “I look forward to working together with them as well as with all the judges, all the Officials and the staff of the Court in a spirit of collegiality. I also look forward to collaborating with the Assembly of States Parties, civil society and the international community at large, acting together to strengthen and reinforce the Rome Statute system, the 20th anniversary of the adoption of which we celebrate this year”, President Chile Eboe-Osuji stated following the election.

    “I am also grateful to the previous President, Judge Silvia Fernández de Gurmendi, and Vice-Presidents, Judges Joyce Aluoch and Kuniko Ozaki, for their work and leadership,” he added.

    The Presidency – consisting of the President and the two Vice-Presidents – plays a key role in providing strategic leadership to the ICC as a whole.

    The Presidency coordinates with the other organs and seeks the concurrence of the Prosecutor on matters of mutual concern. In accordance with the Rome Statute, the ICC’s governing treaty, the Presidency is responsible for the proper administration of the Court, with the exception of the Office of the Prosecutor.

    The Presidency oversees the activities of the Registry and provides input into a broad range of administrative policies affecting the Court’s overall functioning.

    Furthermore it conducts judicial review of certain decisions of the Registrar and concludes Court-wide cooperation agreements with States and international organisation.

  • Judge handling Melaye’s assassination attempt suit is dead

    Justice Aromeh Benson Akogu, the Kabba Resident High Court Judge in Kogi handling the case of attempted assassination of Sen. Dino Melaye is dead.

    The News Agency of Nigeria (NAN) gathered that the judge died in Anyigba on Dec. 31, 2017 at about 11:40pm during a cross-over service to 2018.

    According to a reliable source close to the family, Akogu who had vowed not to sleep before the cross-over to 2018, was neither sick nor show any symptoms of ill health.

    His wife, Mrs Vicky Akogu, who confirmed the death, said the late judge and one-time Director of Public Prosecution (DPP) in the state, was hale and hearty before his sudden death.

    She said that she watched her husband’s death like a movie and could hardly believe herself.

    Commenting on the incident from Akogu family house in Idah, Chief Registrar of the State High Court, Yahaya Ademu, said the body had been deposited at the Grimmard Hospital Mortuary, Anyigba.

    The late judge, in his late 50s, was until his death, handling the case of attempted assassination of Sen. Dino Melaye.

    NAN reports that the Ijumu Local Government Administrator, Taofiq Isah and four others are being tried in the matter.

     

    NAN

  • Benue Assembly confirms Onum as new Chief Judge

    The Benue House of Assembly on Friday confirmed the nomination of Justice Adam Onum as the new Chief Judge (CJ) of the state.

    The confirmation followed a letter of nomination addressed to the Speaker and read on the floor by the the Deputy Speaker, Mr James Okefe.

    The letter stated that following the recommendation from the National Judicial Council (NJC), Gov. Samuel Ortom had approved Onum’s appointment.

    The letter said that the appointment was in line with Section 271 (1) of the 1999 constitution as amended.

    Consequently, Mr Adam Okloho (Adoka/Ugboju-APC) moved a motion that the nominee be confirmed and it was seconded by Dr Adoga Onah (Oju-PDP).

    Announcing his confirmation, the deputy speaker described the new CJ as an impeccable and impartial judge whose track record of performance was outstanding.

    Okefe commended the NJC and Ortom for finding Onum worthy to hold the position, adding that he was the first person from Benue South Senatorial District to be appointed to the position.

    The deputy speaker said that Ortom had proved that the APC administration in the state was fair to all sections of the state.

    Okefe advised the new chief judge to reciprocate the gesture of the governor by rededicating himself to the smooth administration of justice.