TheNewsGuru

Tag: Trial

  • 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.

     

  • CCT okays trial of Commissioner, 54 others in Bauchi

    The Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, has approved April 24 and April 27 for the arraignment of a serving Commissioner and 54 other public officers before him in Bauchi State.

    According to a statement by Mr Ibraheem AL-Hassan, Head, Press and Public Relations of the tribunal, the trial would be conducted at the state High Court Bauchi.

    The CCT said the routine inter-state became necessary in order to handle all pending cases brought to it by the Code of Conduct Bureau (CCB).

    The court said those to be arraigned for the alleged breached of code of conduct of public officers were both career and political office holders.

    Al-Hassan said the respondents included heads of federal, state and Local government Agencies, operating in the state.

    According to him, they include one serving commissioner, nine Senior Assistance operating from the office of Secretary to the Bauchi state government and three Personal Assistance to state Governor.

    Others, according to the spokesman of the tribunal, include four staff of the Nigeria Drugs Law Enforcement Agent personnel with a Commander operating in the state.

    Al-Hassan further listed Chief Superintendent of Custom and eight Police officers of different ranks in the state command to had allegedly breached the CCB’s Act.

    He said the aim of embarking on state’s trial was to bring justice to the door step of the defaulters spread across the country.

    “Also the itinerant session would serve as a means of reaching out to the state on the activities of the CCT.

    “It is our hope that this would serve as deterrent to other public servants who do not consider it necessary to promptly declare their assets’’, Al-Hassan said.

  • Supreme Court fixes July 6 for judgement on Saraki’s CCT trial

    The Supreme Court has fixed July 6 for judgement on whether or not the trial of Senate President, Bukola Saraki should continue or be suspended.

    A five-man panel of the apex court led by Justice Dattijo Muhammad fixed the date for judgment after parties to the case adopted their appeal briefs on Thursday.

    The court is to rule on whether or not there is sufficient evidence for the trial before the CCT to continue.

    The Danladi Umar-led CCT had, in June last 2017, terminated the trial upon an application by Saraki.

    The CCT’s decision was based on the grounds that the prosecution, with its four witnesses and 49 tendered exhibits, failed to lead any credible evidence linking Saraki to the 18 counts preferred against him.

    The 18 counts bordered on Saraki’s alleged false assets declaration and other breaches of the code of conduct for public officers.

    The tribunal had ruled that in the absence of any credible evidence to support the charges, there was no basis to call upon the Senate President to enter his defence.

    However, the Court of Appeal in Abuja ruling on December 12, 2017, in an appeal filed by the Federal Government against the decision of the CCT, restored three out of the dismissed 18 counts and ordered Saraki to return to the CCT to defend the three charges.

    But both Saraki and the Federal Government were dissatisfied with separate parts of the Court of Appeal’s judgment.

    While Saraki had appealed to the Supreme Court against the part of the Court of Appeal’s decision restoring three of the 18 counts, the Federal Government had cross-appealed against the part of the decision affirming the tribunal’s dismissal of the rest of the 15 counts.

    At the hearing of Saraki’s appeal and the Federal Government’s cross-appeal on Thursday, the lawyers representing both sides argued against each other’s appeals and in support of their individual cases.

  • Police set May date to arraign Dino Melaye, 4 re-arrested suspects

    The Nigeria Police Force said it would arraign Sen. Dino Melaye and the four suspects rearrested for alleged conspiracy and unlawful possession of prohibited firearms at the Federal High Court in Lokoja, Kogi on May 10.

    The suspects are: Kabiru Seidu, 31, alias Osama, Nuhu Salisu, 25, alias small, Musa Mohammed, 27, alias Iko and Emmanuel Audu, 26.

    TheNewsGuru.com reports that on March 28, the Police Command in Kogi announced the escape from lawful custody of six suspects including Seidu and Salisu.

    Recall that the police had on March 30 announced the re-arrest of four of the six suspects.

    The Force Spokesman, ACP Jimoh Moshood, who made the disclosure while briefing newsmen on the arrest of four of the six suspects on Tuesday in Abuja, said two of the suspects were still at large.

    Moshood said that Seidu and Salisu who were principal suspects were rearrested in Tafa Balewa Local Government Area of Bauchi State and Ganaja Village, Lokoja, Kogi.

    The spokesman said that the six accomplice in the case arrested by the police would be prosecuted with the six rearrested suspects.

    The suspects are: John Beneche, 22, Seye Atowoju, 27 Danjuma Yunusa, 35 , Egga Ochai, 50 Abbas Haruna, 30 and Gloria Audu, 28.

    He said that the suspects would be arraigned in court for prosecution on completion of investigation.

    Moshood warned that the police would not relent in its efforts to check activities of unscrupulous politicians, adding that they must play the game according to the rules.

    He commended members of the public for giving the police timely information that aided the re-arrest of the suspects.

    The spokesman said that the force`s fight against crimes and criminality in the country remained unequivocal and unwavering.

    TheNewsGuru.com reports thst one of the suspects, Seidu had confessed that Melaye handed over to him a bag containing one AK47 rifle, two Pump Action guns and N430,000.00 to share with his boys.

  • Alleged interference in Metuh’s trial: Call your appointees to order, PDP tells Buhari

    Alleged interference in Metuh’s trial: Call your appointees to order, PDP tells Buhari

    The People’s Democratic Party (PDP) has urged President Muhammadu Buhari to call to order, some of his appointees over their continued interference in its former National Publicity Secretary’s trial.
    Also to be cautioned for sustained meddling in the trial of the former publicity scribe, Chief Olisa Metuh, according to the party, are some officials of the All Progressive Congress (APC).
    In a statement in Abuja on Thursday by Mr Kola Ologbondiyan, its National Publicity Secretary, PDP urged the Chief Justice of Nigeria to protect the judiciary and the courts from the direct interferences of the officials.
    It said that the connection between the timing of happenings in Metuh’s case and the intrusions of the officials in the entire matter had assumed a worrisome dimension.
    It pointed out that its members had specifically expressed fear about Metuh’s fate before Justice Okon Abang, the judge that had in the past, delivered judgments against the PDP, and were later upturned after much damage.
    The party said that it found it curious that interferences were manifesting in Metuh’s case even after the court had adjourned indefinitely on his application to be allowed to travel to the UK for surgery.
    It wondered why the court had continued to refuse Metuh’s application for medical leave even as his condition had degenerated.
    According to PDP, it is on record that people facing similar charges at the Federal High Court are granted leave to travel for medical check-ups and other sundry reasons, but Metuh’s application has been deferred indefinitely.
    It decried the current situation where Metuh now had to be brought to court for trial on a hospital stretcher.
    It said that if the court could not grant Metuh leave for medical treatment, there was no guarantee that he could get justice from the same court.
    The party alleged that some persons were manipulating issues around the case as a reference point to threaten opposition in the country.
    It called on the chief justice to take a closer look at the conduct of Metuh’s case and take appropriate action to ensure that justice was done at the end of the day.
    The former publicity secretary of PDP is standing trial for allegedly receiving N400 million from the office of former National Security Adviser, Sambo Dasuki.

  • IPOB Trial: FG’s first witness testifies behind barricade

    The Federal Government on Thursday called its first witness on Thursday testimony behind a barricade in the treason charge preferred against four members of the Indigenous People of Biafra, (IPOB), at the Federal High Court Abuja.

    The witness, simply identified as Mr AB, gave his testimony behind a barricade, where only the judge, Justice Binta Nyako, the defendants and the counsel could see him as he was shielded from the public.

    Leading AB in evidence, Mr Shuaibu Labaran, counsel to the Department of State Security Services, (DSS), the prosecuting agency gave him the assurance that he was fully protected by the court.

    AB told the court that out of the four defendants in the dock, he could only confidently tell the court about the first defendant, Bright Chimezie.

    The witness told the court that he met Chimezie in 2016 when he was brought to the DSS office for interrogation.

    “My boss asked me to interview him and in the process, he told me why and where he was arrested. He also told me that he is a member of IPOB and that he joined while in Port Harcourt.

    “He also said that he took a delivery imported by the group, a container from Lagos to Ihiala, Anambra to the compound of Benjamin Madubugwu, the second defendant.

    “It was also revealed that Chimezie, in 2016 was in charge of the welfare of the members of the group and he collected money from some of the group sponsors based outside Nigeria for the members.”

    Under cross examination by Mr Chukwudi Igwe, counsel to Chimezie, the witness told the court that he was not part of the officers that arrested Chimezie and that he was only asked to interview him.

    He also told the court that Chimezie, in the statement he volunteered to the DSS, said that when the container he took to Madubugwu’s house was opened on arrival of Nnamdi Kanu, it contained a radio transmitter.

    When asked by a member of the defence team, Mr Eric Ifere if he knew of any law as at 2016 where it was stated that belonging to IPOB was an offence, he answered in the negative.

    Justice Nyako adjourned the matter until May 21 for continuation of trial.

    The Federal Government on March 20, re-arraigned Chimezie, Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, on an amended three-count charge.

    Their re-arraignment was sequel to the severance of their trial from that of Nnamdi Kanu, whose whereabout had been unknown since September 2017.

    They are standing trial for charges bordering on conspiracy to commit treasonable felony, improper importation of goods and illegal possession of firearms.

    They all pleaded not guilty to the three-counts preferred against them.

    Justice Nyako had maintained that although the trial itself would not be secret, the identity of witnesses would be protected from the public.

  • Biafra: Court resumes trial of IPOB members without Nnamdi Kanu

    Biafra: Court resumes trial of IPOB members without Nnamdi Kanu

    The Federal Government on Tuesday filed a fresh three-count charge of treasonable felony against four members of the proscribed Indigenous People of Biafra (IPOB).

    The four accused persons are Bright Chimeze, Benjamin Madubugwu, Chidiebere Onwudiwe and David Nwawuisi.

    They were initially facing a similar charge along with the wanted IPOB leader, Nnamdi Kanu.

    Following the stalling of the trial by the disappearance of Mr. Kanu in September last year, the prosecution lawyer, Shuaibu Labaran, asked the court to hear the charge against the other defendants separately.

    The request was granted by the court presided by Binta Nyako and resulted in the new charge read before the court on Tuesday.

    The four defendants pleaded not guilty to the charge.

    Earlier, Mr. Labaran read from a sheet of paper which he described as the published version of an online publication, wherein a threat was made on the life of an operative of the State Security Service by IPOB members.

    According to Mr. Labaran, a picture of the alleged operative was taken during the last sitting and used on the social media, with a threat by the IPOB members to “teach the operative a lesson”.

    Responding, however, counsel to one of the defendants, Nnemeka Ejiofor, asked the court to disregard the publication as well as the allegation.

    Mr. Ejiofor accused the prosecution of fabricating the said allegation, stressing that the alleged publication “does not bear any similarities with a traceable medium.”

    In a ruling, the judge warned journalists and family members to desist from taking pictures in the court room.

    “Otherwise, I shall ban the press. I shall also ban family members. I can do all that,” said Mrs. Nyako.

    The judge also warned parties that she would not allow the lawyers to waste time in her court.

    She adjourned the case till Thursday for further hearing.

  • Corruption trial: Court lacks jurisdiction to try Justice Yunusa’s case – Lawyer

    Corruption trial: Court lacks jurisdiction to try Justice Yunusa’s case – Lawyer

    The defence in the corruption trial of Justice Mohammed Yunusa, a judge of the Federal High Court, said on Friday that an Ikeja Special Offences Court lacked the jurisdiction try the case.

    The defence counsel, Mr Robert Clarke (SAN), made the assertion at Friday’s proceedings on the two preliminary objections filed by the defence before the court.

    Clarke said the court lacked the jurisdiction because Yunusa had been cleared of the criminal charges by the National Judicial Commission (NJC).

    “Charges one and two of the five charges before Your Lordship was submitted to the NJC by way of petition and the NJC had absolved the first defendant of those charges.

    “For Your Lordship to sit on the same charges without acknowledging the decision of the NJC will be amounting to double jeopardy.

    “No evidence was reported to the NJC as required by the Constitution for counts 3 and 4 of this charge,” Clarke told the court.

    Clarke said to back his claims, he had submitted the report of the NJC to the court in the proof of evidence for the first defendant.

    However, Mr Wahab Shittu, the prosecuting counsel for the Economic and Financial Crimes Commission (EFCC) in a counter-affidavit dated Feb. 16, opposed Clarke’s submission.

    “The application of the first defendant is predicated on the decision of the Court of Appeal in the Federal Republic of Nigeria Vs Nganjiwa as well as the provisions of Sections 153 and 158 of the 1999 Constitution.

    “According to the constitution, the NJC has the power to appoint, dismiss and exercise disciplinary control on a judicial officer.

    “This is not a disciplinary but a criminal proceeding, the NJC is not a court of law but a fact-finding committee and there is no where in Sections 153 and 157 of the Constitution that states that a judicial officer should not face trial.

    “Nothing in the Constitution and Criminal Law of Lagos State precludes My Lordship from assuming jurisdiction to hear this case.

    “This is an attempt to delay this proceeding and shield the first defendant from facing a criminal trial,” Shittu said.

    Mr John Odugbela (SAN), counsel to Esther Agbo, the second defendant, in a preliminary objection dated Feb. 13 also noted that the court had no jurisdiction to hear the case based on three grounds.

    “The first ground is that the charge filed by the complainant is incompetent and violates the clear provisions of Section 66 of the Criminal Law of Lagos.

    “The charge was initiated by one Mr E. E Iheanacho, a principal detective with the EFCC with the offences alleged to be under Sections 63 and 65 of the Criminal Law of Lagos State.

    “No proceedings for an offence under those laws can be initiated except by an information signed by the Attorney-General of Lagos State.

    “The amended charge is incompetent as it was initiated by a detective of the EFCC which did not follow due process and is a violation of Section 66, and as a result, Your Lordship cannot exercise jurisdiction.

    “The second ground is that there is only one-count against the second defendant and only the National Industrial Court that has the criminal jurisdiction to entertain that count in this charge.

    “The beginning of that charge reads ‘in the course of your employment’ and since the alleged offence occurred during the employment of the second defendant, it is only the National Industrial Court that has jurisdiction to hear this case.

    “Our third ground is that the offence alleged in the count-five is unknown to law which contravenes Section 36(12) of the 1999 Constitution,” he said.

    Odugbela had urged the court to uphold all the grounds of his preliminary objection and decline jurisdiction to hear the suit.

    Responding to Odugbela’s argument, Shittu said the defence counsel cited provisions of the Criminal Law of Lagos which are overridden by provisions of the country’s constitution.

    “The EFCC has the competency to file proceedings on behalf of the Attorney-General.

    “The contention of the learned silk is misconceived, Section 254(C)(4)(5) of the constitution are to be read subject to Section 251 also of the constitution.

    “The National Industrial Court may have jurisdiction but it is not exclusive, if it were to be exclusive, the language of Section 252 would have been employed.

    “The crux of the amended charge is offering gratification to a public official as contained in the charge, even if the Industrial Court has jurisdiction this does not preclude this court from having jurisdiction.

    “The law is instructive under Section 64(a)(c) of the Criminal Law of Lagos 2011,” the EFCC prosecutor said.

    Recall that the EFCC had arraigned Yunusa, a judge of Lagos Division of Federal High Court, alongside Agbo, a staff member of the law chambers of Mr Rickey Tarfa (SAN) on Jan. 17.

    Yunusa was arraigned on four counts bordering on attempted perversion of the course of justice and corruption by a public official, while Agbo was charged with offering gratification to a public official.

    They, however, denied the charges.

    According to the EFCC, Yunusa had constant and confidential communications with Tarfa, who was handling three lawsuits marked FHC/L/CS/714/2015, FHC/L/CS/715/2015 and FHC/L/CS/716/2015 before him.

    It also alleged that Yunusa collected N1.5 million bribe from Tarfa for the purpose of giving favourable rulings and judgments in the cases.

    The judge is also being accused of receiving N750, 000 from Mr Joseph Nwobike (SAN), between March 2015 and September, 2015, to get “favourable” judgment in some cases.

    Agbo, the second defendant who is an employee of Rickey Tarfa and Co., on May 14, 2015 paid the N1.5 million allegedly from Tarfa into Yunusa’s UBA account number 1005055617.

    The offences violated Sections 64(1)(a) and 97(3) of the Criminal Law of Lagos State, 2011.

    Justice Sherifat Solebo adjourned the case until April 23 for ruling.

  • Alleged N1.7 billion fraud: Trial of FirstNation airline MD stalled

    The arraignment of Kayode Odukoya, the Managing Director of FirstNation Airlines, for alleged theft of N1.7 billion, was stalled on Friday following his absence at an Ikeja Special Offences Court.

    The lawyers of FirstNation boss were also not present in court.

    This is the third time Mr. Odukoya will be absent in court for his arraignment.

    The Economic and Financial Crimes Commission, EFCC, had slammed a four-count charge of forgery, use of false documents, perjury and stealing on Mr. Odukoya.

    FirstNation and Bellview Airlines are joined in the suit as second and third defendants respectively.

    Expressing his displeasure at the development, M.S. Usman, the prosecuting counsel for the EFCC, told the court the anti-graft agency would ensure Mr. Odukoya’s presence in court for his trial.

    “We will be requesting for a short adjournment for this arraignment, the defendants gave us their word that they would be in court.

    “It seems the EFCC has to take some necessary actions against them, we gave them an olive branch for them to avail themselves in court for this arraignment and they did not fulfil their side of the bargain.

    “We initially did not want to keep them in our custody but at the moment, we have no choice but to now keep them in our custody for the purpose of the arraignment,” Mr. Usman said.

    According to the charge sheet, Mr. Odukoya committed the offences of forgery, use of false document and perjury on March 21, 2013.

    The EFCC alleged that the CEO of the airlines forged the Memorandum of Loss of Lagos State Certificate of Occupancy registered as No. 33 at page 33 volume 1011 at the Lagos State Land Registry, Alausa, Lagos, in order that the document be acted upon as genuine.

    The forged document was in respect of a property located at No. 29, Oduduwa St., Ikeja GRA, Lagos.

    Mr. Odukoya is alleged by the EFCC to have used the false document and also gave false information on oath concerning the loss of the certificate of occupancy at the Lagos State Land Registry.

    The anti-graft commission also said that on October 7, 2016, Mr. Odukoya stole and dishonestly converted to his own use N1. 7 billion belonging to Skye Bank.

    The offences violate Sections 85, 86(1) 278(1)(b), 285, 361(1),(a) (b), 363 and 364(1) of the Criminal Law of Lagos State 2011.

    Justice Mojisola Dada has fixed April 9 for arraignment.

  • JUST IN: CCT adjourns Saraki’s trial indefinitely

    …to await Supreme Court appeals by March 15

    The Code of Conduct Tribunal on Thursday adjourned indefinitely the trial of the Senate President, Dr. Bukola Saraki on charges of false assets declaration.

    The adjournment, according to the Danladi Umar-led CCT, was to await the decision of Supreme Court on the appeal filed by Saraki and the Federal Government’s cross-appeal in respect of the case.

    “The tribunal has decided to adjourn sine die (indefinitely) pending the outcome of the appeals at the Supreme Court,” Umar ruled after dismissing the prosecution’s objection to an adjournment on Thursday.

    The defence led by Chief Kanu Agabi (SAN), earlier informed the tribunal that the Supreme Court had fixed March 15 for the hearing of the pending appeals.

    Thursday was the seconded time the scheduled adoption of final addresses by parties to the trial at the CCT had to be shifted.

    The trial had resumed on February 6, 2018, following the December 12, 2017, judgment of the Court of Appeal in Abuja, which restored three out of the entire 18 counts earlier dismissed by the CCT.

    The Court of Appeal had partly set aside the CCT’s ruling on the no-case submission which Saraki had filed after the prosecution called four witnesses and tendered documentary exhibits.

    The court ordered Saraki to return to the CCT to defend three counts, which it stated the prosecution had led prima facie evidence to prove.

    But both the Saraki and the prosecution had subsequently filed separate appeals to the Supreme Court challenging the parts of the Court of Appeal’s judgment they found unfavourable.