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Tag: Trial

  • Nnamdi Kanu apologises over attacks on judge, others

    Nnamdi Kanu apologises over attacks on judge, others

    Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on Friday, tendered an apology over his recent attacks on the Federal High Court and Justice Binta Nyako.

    Kanu, through his new counsel and former Attorney-General of the Federation (AGF) and Minister of Justice, Chief Kanu Agabi, SAN, also apologised to the Federal Government’s lawyer, Chief Awomolo, SAN.

    The IPOB leader equally apologised to his team of lawyers earlier led by Aloy Ejimakor for also attacking them while before Justice Nyako.

    Kanu tendered the apology through his lead counsel, Chief Agabi, before Justice James Omotosho, the new trial judge.

    Upon resumed trial, Agabi sought the court’s permissio to deliver a message on Kanu’s behalf.

    He said he had already discussed the development with the lawyer to the prosecution and Justice Omotosho granted the application.

    he News Agency of Nigeria (NAN) reports that Justice Omotosho had fixed March 21 for the trial of Kanu.

    The judge fixed the date after the case file was transferred to him.

    Kanu, who was brought back to the country in June 2021 from Kenya, was expected to take his plea as the case begins afresh (de novo).

    NAN reports that the Chief Judge (CJ) of FHC, Justice John Tsoho, had, in a letter dated March 4 and addressed to Kanu’s lead counsel, Mr Aloy Ejimakor, communicated the re-assignment of the case from Justice Binta Nyako to Justice Omotosho.

    The re-assignment followed the demand by Kanu and his team of lawyers for the transfer of the seven-count terrorism charge to another judge, after alleging bias.

    Justice Nyako, on Sept. 24, 2024, withdrew from the case and sent the case file to the CJ of FHC for re-assignment.

    The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

    However, the CJ sent Kanu’s case file back to Justice Nyako for adjudication, insisting that a formal application must be made by the defence before the recusal could be accepted.

    But Kanu and Ejimakor, on Feb. 10, insisted that Justice Nyako no longer had jurisdiction to preside over the case after her recusal (withdrawal) from the matter, prompting the judge to adjourned the case indefinitely (sine die).

    NAN reports that Justice Ahmed Mohammed (who has been elevated to Appeal Court) and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.

  • Judge adjourns Nnamdi Kanu’s trial indefinitely

    Judge adjourns Nnamdi Kanu’s trial indefinitely

    Justice Binta Nyako of a Federal High Court in Abuja on Monday, adjourned the trial of Nnamdi Kanu, Leader of the proscribed Indigenous People of Biafra (IPOB), indefinitely.

    Justice Nyako gave the order after Kanu and his counsel, Aloy Ejimakor, insisted that the trial judge no longer had jurisdiction to preside over the case following her earlier recusal (withdrawal) from the matter.

    NAN reports that Justice Nyako had, on Sept. 24, 2024, recused (withdrew) herself from the trial of Kanu, after an oral application from the defence and the case file was transferred to the chief judge.

    However, the Chief Judge (CJ) of FHC, Justice John Tsoho sent the Kanu’s case file back to Justice Nyako for adjudication, insisting that a formal application must be made by the defence before the recusal could be accepted.

    When the matter was called on Monday, counsel to the Federal Government, Chief Adegboyega Awomolo, SAN, informed the court that the case was for resumption of Kanu’s trial.

    “Your lordship will recall that on the last date of hearing, there was an oral application that your lordship should recuse yourself and the file be remitted back to the CJ.”

    “The CJ, who has the power, has sent back the file. We are ready to proceed with the trial and our witnesses are ready too.

    “In obedience to your lordship order, the proof of evidence and relevant documents have been served on the defence and we are ready to go on,” he said.

    Hardly had Awomolo ended his statement when Ejimakor interjected.

    “My lord, this honourable court has recused itself from the case and my lord has to tell us, first, why we are here before the learner silk could talk.

    “We don’t know why we are here because this court stands recused by the extant order,” Ejimakor said.

    Justice Nyako then explained that on Sept. 24, 2024, she sent the case file back to the CJ.

    “On Oct. 7, 2024, I got a memo from the CJ and it instructs as follows that if the defendant still wants a recusal, he should filed a formal application by way of motion on notice .

    “It was.minuted to me by the CJ. The CJ has not accepted by recusal and has minuted the file back to me.

    “So if you still want a recusal, you will file a motion on notice and the prosecution will join issues with you and it will be adjourned for ruling.

    “I have so many cases before me so it is not as if I am begging for a case,” the judge said.

    Responding, Ejimakor disagreed with Justice Nyako.

    “With due respect, even though we do not have the privy of the memo from the chief judge, the chief judge does not have the judicial power above this court.

    “The CJ is just the first among equals and his memo cannot override the subsisting order of this court that has been enrolled.

    “An ordinary administrative memo should not be allowed to override the order of this court. The order stands and we are guided by it,” Ejimakor insisted.

    “My advice is that you should go and file a formal application irrespective of your position.

    “The power vested in the CJ are not vested in me. He has the power to assign cases in line with the law.

    “You are just stalling your client’s case. File everything you want to and the prosecution will join issues with you,” the judge told Ejimakor.

    Ejimakor argued that there was no rule of the court that mandated a party to file an application when a recusal had already been done.

    While Ejimakor was addressing the court, Kanu cut in and asked his lawyer to keep quiet and sit down.

    “Mr Kanu, are you taking over from your lawyer?” Justice Nyako asked and the IPOB leader responded in affirmative.

    Awomolo, who expressed surprise at the development, said:he was embarrassed by the proceedings.

    The FG’s lawyer said after the explanation by the judge, the proper thing to do by Ejimakor was to either indicate if he would be filing a formal application or not.

    Ejimakor stood up to respond to Awomolo’s submission but the judge told him: “Mr Aloy, you have been disengaged. Don’t say anything.”

    Kanu then stood up from the dock to address the court.

    The IPOB leader insisted that his trial can no longer be before the judge.

    Turning to Chief Awomolo, Kanu said: “The Chairman of Body of Benchers is here distorting the laws.

    “This man is a grown up man and should be upholding the law.

    “Why is he turning the law upside down. I came here because of the respect I have for you (the court). God is my witness.”

    “I have not said anything that is contrary to anything.. I sent the case file to CJ and he sent it back to me,” Justice Nyako restated.

    “But he (the CJ) is wrong. The CJ supposed to go on appeal because you cannot preside over my case again; not today and not tomorrow.

    “Why must he insists that you must be on my case. You are bias. So I don’t want you on my case again. You stand recused,” Kanu said angrily.

    Against the development, Awomolo therefore applied for a trial date.

    “In view of the fact that the defendant has said that he will not make a formal application, I apply that my lord give a date for hearing,” the senior lawyer said.

    Responding, Kanu  said a memo from the CJ cannot override the order of the court.

    He recalled that Justice Tsoho, who is presently the CJ, had once presided over his case and he applied that he recused himself from his case.

    Kanu said during the time, he took Justice Tsoho to National Judicial Council (NJC) and he won, leading to Justice Tsoho’s withdrawal from his case.

    “Why is he insisting that his lordship should continue even after recusing herself?

    “Can a memo from the CJ overrides court order? The answer is no.

    “Justice Binta stands recused,” he said.

    The IPOB leader, who brought out some documents, said: “This is a National Judicial Policy of Nigeria. Please give it to Chief Awomolo, it seems he doesn’t know the law.

    “The rule of law is once an order of court is made, it can only be set aside on appeal. Please give him a copy.

    “It seems he doesn’t know. If you don’t like what Justice Nyako has done,  go on appeal. She is functus officio. Stop wasting your time.”

    When the judge said she would adjourned the case sine die (indefinitely) pending when the parties agree, Kanu said: “You cannot adjourn this case sine die because you have no jurisdiction to adjourn sine die.”

    Justice Nyako consequently adjourned the matter sine die (indefinitely).

    “The case is now in limbo. I have to adjourn sine die,” she said.

    However, Kanu kept shouting in the court: “Why must you insist you must take it. You have an agenda.”

    NAN reports that Kanu is facing a seven-count terrorism charge.

  • Justice Binta Nyako withdraws from Nnamdi Kanu’s trial

    Justice Binta Nyako withdraws from Nnamdi Kanu’s trial

    Justice Binta Nyako of a Federal High Court in Abuja, on Tuesday, recused herself from the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB)

    Justice Nyako withdrew from the case following oral applications by Kanu and his lawyer, Aloy Ejimakor, upon resumed hearing in the seven-count terrorism charge filed by the Federal Government.

    At the resumed hearing, the Federal Government’s lawyer, Adegboyega Awomolo, SAN, said the matter was got continuation of trial and he was ready to proceed.

    But Kanu’s lawyer, Alloy Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.

    Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.

    The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.

    Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.

    He asserted that all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.

    Justice Nyako then directed that a prosecution witness be called.

    While Ejimakor was addressing the court, Kanu stood up from his seat in the dock and ordered him (Ejimakor) to sit down in anger.

    “Sit down! I say you should sit down!” Kanu screamed from the dock.

    He insisted that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.

    Turning to Justice Nyako, the IPOB leader said: “My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.

    “I can understand it if the DSS refuse to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable.

    “I am asking you to recuse yourself from this case,” Kanu stated.

    But Awomolo countered the argument on the Supreme Court’s judgment delivered in 2023.

    He argued that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.

    He stated that Kanu’s claims did not align with the Supreme Court’s verdict.

    “This is clearly an incompetent and audacious observation,” Awomolo said.

    The judge responded that, as far as she was concerned, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertion.

    She expressed surprise that Kanu would stand up and yell at his counsel.

    “I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako stated.

    The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

    Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.

  • Hunter Biden pleads guilty in tax evasion trial

    Hunter Biden pleads guilty in tax evasion trial

    U.S. President Joe Biden’s son Hunter, pleaded guilty to all nine counts in his criminal tax case in a Los Angeles federal court.

    Hunter 54, was indicted in California in December on nine counts related to a Justice Department investigation into his taxes.

    Federal prosecutors charged him with evading at least 1.4 million U.S. dollars in tax payments.

    The only surviving son of President Biden had previously pleaded not guilty in the case.

    But a lawyer for him announced in court on Thursday that Hunter planned to change his not guilty plea before the start of his trial.

    Hunter’s stunning decision to plead guilty to misdemeanor and felony charges without the benefits of a deal with prosecutors came hours after jury selection was supposed to begin in the case, local media reports.

    Hunter quickly responded “guilty” as the judge read out each of the nine counts, said the report.

    It added that the charges carry up to 17 years behind bars, but federal sentencing guidelines are likely to call for a much shorter sentence.

    His sentencing is scheduled for Dec. 16, shortly after the 2024 U.S. presidential election set to be held on Nov. 5.

    Hunter was convicted of three felony gun charges in a separate case in June.

    His conviction is related to purchasing a firearm in 2018 while addicted to crack cocaine, which is the first time in U.S. history that a sitting president’s child has been convicted of a crime.

  • Armed robbery suspects jump from two-storey building to evade trial

    Armed robbery suspects jump from two-storey building to evade trial

    Two armed robbery suspects on Tuesday attempted to evade trial when they jumped from a two-storey building located within Iyaganku Magistrates’ Court Complex, Ibadan, where they are facing trial.

    The duo jumped simultaneously as  Magistrate G. Oladele was about to give  the next adjourned dare.

    The police had  charged the duo and three others with conspiracy and armed robbery.

    According to the prosecutor, Insp Femi Omilana, the five suspects  had been remanded by the court since 2023 pending advice of Oyo State Director of Public Prosecutions in the case.

    Omilana alleged that the five suspects robbed some people while armed with guns and other dangerous weapons.

    “They were remanded since then at the Agodi correctional facility, Ibadan, but were today brought to the court for mentioning of the case and for the court to know the position of the matter.

    “The magistrate was about to announce an adjournment date when we heard a sound.

    “One of the suspects jumped from the court’s back window while the other jumped from the front rail.

    “The duo landed on the floor. One broke his head and another, his spinal cord.

    “They were both taken to the jailors half dead, because they could hardly work,” Omilana said.

    The magistrate adjourned the case until July 8 for mention.

  • Court threatens to adjourn Nnamdi Kanu’s trial indefinitely

    Court threatens to adjourn Nnamdi Kanu’s trial indefinitely

    A Federal High court, Abuja, on Wednesday, threatened to adjourn the trial of leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, indefinitely.

    Justice Binta Nyako made this known after Kanu’s lawyer, Aloy Ejimakor, told the court that the legal team was not ready for the trial.

    The development occurred after counsel for the Federal Government, Chief Adegboyega Awomolo, SAN, informed the court that the prosecution was ready for the commencement of the trial based on the order of the court in the last adjourned date.

    Earlier, Justice Nyako had heard the two pending applications filed by Ejimakor on Kanu’s behalf.

    The first application sought for an order restoring Kanu’s bail that was revoked in 2017 and the second application sought an order transferring the IPOB leader to a house arrest.

    Ejimakor had argued that the revocation of his bail was as a result of the act of the prosecution when his client’s home was invaded.

    The lawyer argued that even the Supreme Court agreed that Kanu did not jump bail but only escaped for his dear life.

    He also insisted that there had been no change in the detention of Department of State Service (DSS) where Kanu is currently kept.

    He argued that the defendant’s legal team was not given unhindered access in accordance with Section 36(6) of the constitution to consult with him and adequately prepare for his defence.

    Counsel to the federal government, however, urged the court to discountenance Ejimakor’s submissions.

    The senior lawyer argued that the court was ”functus officio” to make another order vacating the earlier revocation order.

    He said the court lacked the jurisdiction to make such an order and that the only option left for parties was to appeal.

    He insisted that parties were bound by the court order.

    Awomolo said the defence only relied on a side comment of (orbiter) one of the justices of the Supreme Court.

    According to him, a side comment does not decide the main issue.

    He argued that the detained Kanu was not being charged for money laundering but terrorism.

    He described terrorism charge as the worst charge today in Nigerian law.

    Awomolo equally urged the court to dismiss the application seeking for Kanu’s transfer to a house arrest, arguing that Ejimakor’s allegations were not backed by verifiable evidence.

    He said the defence did not deny the fact that they were allowed access to their client.

    “We have before your lordship signatures and names of all the counsel who have visited him,” he added.

    He said that it was the discretion of the court to remand Kanu in a place that is safe and secure.

    The lawyer further argued that what the defence team wanted was an executive and unsecure place where Kanu can be kept.

    Justice Nyako, who fixed May 20 for ruling on the two applications, directed the prosecution to call their witness.

    When Awomolo, who already notified the court that they had a witness in court, said he was ready to proceed, Ejimakor insisted that they were not ready to proceed with the trial.

    “We have not prepared our client for trial,” he said, adding that no lawyer would allow a trial when Section 36(6) of the constitution had not been respected.

    But the judge threatened to adjourn the trial sine die (indefinitely) if Ejimakor insisted that the trial should not continue.

    Ejimakor then applied for a stand down to enable him consult with Kanu and other team of lawyers if the trial could continue and Justice Nyako stood the matter down for 10 minutes.

  • Police officers who demanded Tinted glass permit to face trial

    Police officers who demanded Tinted glass permit to face trial

    The Zone 2 Police Command, Onikan, Lagos State says that the three police officers, who demanded a tinted glass permit from motorists are facing trial for professional misconduct.

    The Zonal Public Relations Officer (ZPRO), SP. Tunni Ayuba, confirmed the development in a statement on Wednesday in Lagos.

    She identified the errant officers as ASP Kenedy Ereoah, Insp. Ademiluyi Adekunle and Insp. Ayo Gbenga.

    Ayuba said that the men were not kidnappers, but officers attached to the Zone 2 Command.

    “The attention of the Police in Zone 2 Command was drawn to a viral video posted by ‘X’ user with the handle @EmmCee_RNB on Jan. 25, where three men claiming to be police officers attached to the command demanded a tinted glass permit from a motorist.

    “The tweet was responded to, while investigation into the identities of the officers commenced.

    “The trio are all attached to the Zonal Intelligence Bureau, Zone 2 Headquarters, Onikan, Lagos.

    “Contrary to the claim that they are kidnappers, they were on official duty but acted unprofessionally.

    ‘The officers defaulted and are presently being tried for flouting the Inspector-General of Police’s directive on tinted glass permit,” she said.

    Ayuba urged the affected motorist to contact her for further action.

    “For the purpose of transparency, the command wishes to request that the affected member of the public contact the ZPPRO via GSM No. 08100025614 for further action, ” she said.

    According to her, the Assistant Inspector General of Police has called for calm while reassuring residents of Lagos State and Ogun of the safety and security of their lives and property as they go about their lawful businesses.

  • Alleged procurement fraud: Court sets date to begin Emefiele’s trial

    Alleged procurement fraud: Court sets date to begin Emefiele’s trial

    An FCT High Court,  Maitama on Friday, fixed Feb. 12 for the trial of the suspended Central Bank Governor (CBN), Godwin Emefiele on alleged procurement fraud.

    The Economic and Financial Crimes Commission (EFCC) charged him with amended 20 counts of criminal conspiracy, conferring undue advantage, breach of trust among others.

    However, he pleaded not guilty to the charge when it was read to him.

    Following his plea, and the prayer of his counsel, Matthew Burkaa, SAN, for him to remain on his existing bail condition, Justice Hamza Muazu granted it.

    Justice Muazu then adjourned until Feb. 13 for the commencement of trial since the prosecution did not object to the prayer.

    In some of the amended charges EFCC, alleged that Emefiele, in Jan. 2023, forged a document titled: “Re: Presidential Directive on Foreign Election Observer Missions,” dated Jan.26, 2023 with Ref No. SGF.43/L.01/201.

    The EFCC alleged that Emefiele made the claim knowing same to be false’.

    According to the amended charge marked CR/577/2023, Emefiele, on Feb. 8, 2023, connived with one Odoh Ocheme, who is now on the run, to obtain $6.2 million from the CBN, claiming that it was requested by the SGF “vide a letter dated Jan. 26 2023 with Ref No. SGF.43/L.01/201.”

    The anti-graft agency alleged that “the contract for the renovation of the CBN Governor’s lodge, located at  No. 2 Glover Road, Ikoyi, Lagos, was awarded to a company named Messrs. Architekon Nigeria Ltd, “wherein the duo are directors and majority shareholders.”

    The offences,  according to the EFCC, contravened the provisions of sections 17, 19 of the Corrupt Practices and Other Related Offences Act, 2000, also, sections 315, 363, and 364 of the penal code.

    The anti-graft agency had in August, first charged Emefiele and one Mrs Sa’adatu Yaro and a company, April 1616 Investment Ltd, purported to belong to Mrs Yaro, on alleged breach of the procurement Act in respect of the purchase of some vehicles.

    However, the arraignment could not go on because of the reported ill health of  Yaro.

    EFCC’s lawyer, Mr Rotimi Oyedepo, SAN, on Nov. 28 drew the attention of the court to an amended charge dated Nov. 8, 2023.

    In that charge Emefiele was the sole defendant and the charges reduced from 20 to six, to which Emefiele pleaded not guilty.

    Justice Muazu on Nov. 22, 2023, granted him bail in the sum of N300 million.

    Muazu in addition, ordered for two sureties in the like sum of the N300 million who must have property in Maitama District of Abuja.

    The sureties who must in addition present the title documents and certificates of occupancy (C of O) to the court for verification.

    The judge further added that Emefiele should submit to the Registrar of the Court his travelling documents and must be within Abuja within the period of his trial.

    The judge however, granted him leave yesterday to travel outside FCT not abroad.

    Earlier, his counsel Barkka, objected to the reading of the charge, according to him ‘the charge was franked’ against the provisions of 221 of the Administration of Criminal Justice Act. 2015.(ACJA).

    Counsel for the prosecution, Oyedepo, responded by citing, section 396 (ACJA) said the defendant should be allowed to take his plea first before an objection.

    The judge however, reserved ruling on that, which he said would be according to section 396 of ACJA.

    He added that the objection from the defendant could be taken any time

  • FG resumes trial of suspected Boko Haram members

    FG resumes trial of suspected Boko Haram members

    The Federal Government on Monday resumed the trial of suspected Boko Haram members in the Kainji Prosecution Project Phase IV in Abuja.

    Speaking at the opening of the court session, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), said the first phase commenced in 2017.

    Fagbemi said that the Federal Government, in the 2017 trial, secured a total of 366 convictions, while 896 others were discharged for lack of evidence and 61 cases adjourned for further hearings.

    He said the resumption of the prosecution of terrorism suspects marked another step in the journey of ensuring the security and safety of Nigeria and Nigerians.

    According to him, security is a duty that is of utmost importance to all Nigerians, and a primary duty of government.

    “I must acknowledge the fact that we have come a long way in this initiative.

    “The first phase of the Kainji Prosecution Project commenced in October 2017 with remarkable achievements.

    “We recorded a total of 366 convictions, 896 others were discharged for lack of sufficient evidence, and 61 other cases were adjourned for further hearing.

    “There have been three phases of the exercise so far, spanning between October 2017 and July 2018.

    “I must, at this point, challenge all stakeholders to ensure that the momentum is sustained, seeing how important this assignment is to the wellbeing of our beloved country and its people,” he said.

    Fagbemi said prosecution is one of the end processes of criminal justice administration, assuring that the Federal Government would deploy resources to enhance its prosecutorial capacities.

    He added that the ministry would continue to support efforts towards deradicalisation and reintegration of repentant terrorists.

    “We have made tremendous efforts to ensure that the trials are conducted with due regard to the provisions of the Constitution regarding openness as much as can be permitted.

    “And in the circumstances provide the suspects with adequate opportunities to make their defence.

    “I would like to urge the prosecutors and defence counsel to continue to maintain the highest levels of professional standards in this national assignment,” Fagbemi said.

    On his part, the Director, Criminal Justice, Legal Aid Council, Mr Abdulfattah Bakre, said they had the consent of the defendants to represent them in the case.

    Baker promised to cooperate with the prosecution while representing the defendants to ensure quick dispensation of justice in the case.

    “We are happy that this trial is resuming after such a long time and we are glad that the defendants will have the opportunity to be heard.

    “We are representing them based on their trust and not on the instruction of the Federal Government.

    “We were in Kainji some years ago, and also recently we were in Giwa Barracks in Maiduguri where we interacted with them, and we have been fully instructed to represent them,” he said.

    In his part, the representative of the National Human Rights Commission, said they would ensure that the defendants’ rights were respected while the trial lasted.

    The Attorney General personally commenced the prosecution of the suspects at the resumed hearing on Monday.

    The trial is being presided over by Justice Binta Nyako of the Federal High Court.

    The National Security Adviser (NSA), Nuhu Ribadu, said the resumption of the trial was in line with Nigeria’s commitment to the rule of law and human rights-based approach to countering terrorism.

    Ribadu said his office had ensured the full participation of the Armed Forces and other law enforcement, security and intelligence agencies towards the successful prosecution of all the suspects under the Terrorism Prevention Act.

    According to him, efforts have been made through training and capacity building of investigators and prosecutors towards an evidence-based trial and witness protection.

    He called on all stakeholders to commit to the identified timeline for the completion of the trials.

    Ribadu assured them of the full support of President Bola Tinubu in strengthening Nigeria’s countering terrorism strategies within human rights frameworks.

    NAN

  • Alleged Cyber Crime: Trial of Naira Marley stalled

    Alleged Cyber Crime: Trial of Naira Marley stalled

    The trial of Nigerian singer Azeez Fashola a.k.a Naira Marley charged with cyber crime, was on Monday, stalled before a Federal Court Lagos, as the court did not sit.

    The trial judge, Justice Nicholas Owiebo is said to be attending a judges’ conference.

    The Economic and Financial Crimes Commission (EFCC) is prosecuting the defendant on charges bordering on cyber crime.

    The anti-graft agency preferred the charges on May 14, 2019

    Fashola, who sang the popular song: “Am I a yahoo boy”, was consequently, arraigned on May 20, 2019 before Justice Nicholas Oweibo, but he pleaded not guilty.

    The court had accordingly, granted him bail in the sum of two million naira, with two sureties in like sum.

    Trial has since commenced in the case and still ongoing.

    On Oct. 6, Justice Oweibo had issued a warrant for production of the defendant, following his absence from trial on the last date .

    Oweibo’s order, followed an application for production warrant by the prosecution, Mrs Bilikisu Buhari.

    Recall that the police in Lagos had detained Naira Marley and his associate, Sam Larry, in connection with death of Nigerian artiste, Oladimeji Aloba, popularly known as “Mohbad”.

    At the last adjourned date on Oct. 30, defence counsel, Mr Olalekan Ojo (SAN) had informed the court that the defendant was still clearly absent from court inspite of the court’s order for his production.

    The court had consequently, adjourned the case until Nov. 13 and 30 for continuation of trial

    Trial will now continue on the next date Nov. 30.

    According to the EFCC, the defendant committed the offences on different dates between Nov. 26, 2018 and Dec.11, 2018, as well as May 10, 2019.

    The commission alleged that Fashola and his accomplices conspired to use different Access Bank ATM cards to defraud their victims.

    It alleged that the defendant used a bank credit card issued to another person, in a bid to obtain fraudulent financial gains.

    The EFCC also said that the defendant possessed counterfeit credit cards belonging to different people, with intent to defraud which amounted to theft.

    The alleged offences contravene the provisions of Sections 1 23 (1) (b), 27 (1) and 33(9) of Cyber Crime (Prohibition) Prevention Act, 2015.

    NAN