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Tag: Trial

  • Alleged N3.2bn fraud: Court adjourns further proceedings in Kalu’s trial till March 6

    A Federal High Court, Lagos, has adjourned continuation of trial until March 6 in the N3.2 billion fraud charge slammed on former governor of Abia, Orji Uzor Kalu, by the Economic and Financial Crimes Commission (EFCC).

    The EFCC had on Oct. 31, 2016 preferred a 34-count charge bordering on N3.2 billion fraud against Kalu and his former Commissioner for Finance, Ude Udeogu and Kalu’s company — Slok Nigeria Ltd.

    All the accused had pleaded not guilty to the charges.

    At the resumed trial of the case on Monday, the EFCC Prosecutor, Mr Rotimi Jacobs (SAN), commenced the cross-examination of the second prosecution witness, an officer in First City Monument Bank.

    The witness, Olusegun Adesomoju, swore with the Holy Bible.

    Jacobs: What is your occupation ?

    Witness: I am a compliance officer in FCMB. I received a subpoena to appear in court and produce the statement of account of the third defendant (Slok ) in his bank.

    Jacob tendered the statement of account and the certificate of identification from the bank attached to it. The document was labeled Exhibit N to N 50.

    Counsel to the first defendant, Mr Awa Kalu (SAN), told the court that he did not object to the document, but that it was his first time of seeing it.

    Mr Joseph Ochu (SAN), counsel for the second defendant and Mr Kingsley Nwofo, counsel for the third defendant, both agreed to the submissions of Kalu.

    As Jacobs continued the examination-in-chief, the witness identified 95 cheques deposited in the bank account of the third defendant between Aug. 16, 2001 and Aug. 10, 2005.

    Jacobs: Where were you in 2005 ?

    Witness: I was doing my National Youth Service Corps.

    Jacobs: So why are you giving evidence for the bank ?

    Witness: It is part of my duties as a compliance officer.

    Jacobs: Which department of the bank has records of customers accounts ?

    Witness: Both the compliance department and the IT department.

    After the conclusion of the examination-in-chief, Kalu addressed the court that it was the first time the defence was seeing the document and they needed a “stand down” to go through it.

    In response, Jacobs told the court : “We have tendered this document since 2007, it is not a new document and I object to the stand down”.

    Justice Idris, in his ruling, said “in the interest of justice, let us come back tomorrow for cross-examination.”

    The court adjourned until March 6 for continuation of trial.

    Kalu was alleged to have utilised his company to retain in the account of a First Inland bank, now FCMB, the sum of N200 million.

    The sum is alleged to have formed part of funds illegally derived from the coffers of the Abia State Government.

    Slok Nigeria Ltd and a man, Emeka Abone, who is still at large, were also alleged to have retained in the company’s account the sum of N200 million on behalf of the first accused (Kalu).

    They allegedly used Manny Bank, (now Fidelity Bank Plc), Spring Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now First City Monument Bank (FCMB).

    The accused were alleged to have retained about N2.5 billion in different accounts which funds were said to belong to the Abia Government.

    Cumulatively, the accused were alleged to have diverted over N3.2 billion from the state government’s treasury during Kalu’s tenure as governor.

    The offences contravened the provisions of Sections 15(6), 16, and 21 of the Money Laundering (Prohibitions) Act, 2005.

    The offences also violated the Money Laundering Act of 1995 (as amended) Act No.9 of 2002 and Section 477 of the Criminal Code, Laws of the Federation, 1990.

  • Biafra: Produce Nnamdi Kanu for trial on March 28, Court tells Abaribe

    The Federal High Court, Abuja, on Tuesday, ordered Nnamdi Kanu’s counsel, to produce him in court on March 28, or for his sureties to explain his whereabouts.

    Justice Binta Nyako gave the order while ruling on an application for adjournment made by the prosecuting counsel, Mr Shuaibu Labaran.

    Kanu was admitted to bail on April 25, 2017 and the Chairman, South East Senate caucus, Sen. Enyinnaya Abaribe, a Jewish High Chief Priest, Immanuu-El Shalom and a Chartered Accountant, Tochukwu Uchendu signed his bail bond.

    Kanu has, however, not appeared in court since his bail and his counsel, Mr Ifeanyi Ejiofor repeatedly told the court that his client was in the custody of the Nigerian Army, an allegation the army has denied.

    Nyako had earlier granted an application seeking to separate Kanu’s charges from that of the other defendants, Chidiebere Onwudiwe, Benjamin Madubugwu, David Nwawuisi.

    She granted the application particularly since none of the defendants raised an objection to it.

    Labaran told the court that since Kanu’s absence was frustrating proceedings in the matter, justice would be better served if the charges were separated so that the case of the three defendants in court could go on.

    “In view of the court granting the application to severe the charge of the first defendant from the others, we shall be asking for a short adjournment to enable us tidy our processes and for the records of the court to be neater,” he said.

    Mr PAN Ejiofor, counsel to Benjamin Madubugwu, attempted to ask the court for bail to enable his client seek medical attention but the judge said she was not disposed to grant bail to any of the other defendants.

    She, however, advised the counsel to liaise with the prison authorities saying if they agreed to attached a warden to the defendant, she would make an order allowing him to go to any government hospital.

    She also adjourned that of the other defendants until March 20.

    Kanu, the acclaimed leader of the Indigenous People of Biafra (IPOB) and his co-defendants are standing trial on a five -count charge bordering on felony.

    Some of the charges include treasonable felony, unlawful possession of firearms, unlawful assembly and other offences bordering on their agitation for secession ‎of the Republic of Biafra from Nigeria.

  • $2.1b fraud: Court suspends hearing on Dasuki’s trial

    The Federal Capital Territory High Court has suspended the trial of former National Security Adviser, Sambo Dasuki, pending the decision of the Supreme Court on an application filed by him.

    Dasuki’s lawyer informed the court on Thursday that a pending application at the highest court, which is expected to be determined on March 2, would have adverse effect on the matter before the lower court.

    According to the lawyer, Adeola Adedipe, the application at the Supreme Court seeks to ensure government’s compliance with previous court decisions granting bail to the defendant.

    Dasuki is asking the Supreme Court to stop his ongoing trial on the grounds that the prosecution lacks the ‘moral standing’ to try him (Dasuki) in the same court of law which ”issued earlier decisions yet to be obeyed by the government.”

    Adedipe asked the court to allow his application for an adjournment pending the Supreme Court’s decision, ”in the interest of justice.”

    In his reaction, however, the counsel to the prosecution, Atolagbe Olowaleke, asked the court to disregard the application.

    Olowaleke said the request made by the defence was belated since a similar application has been overruled by the court.

    In a ruling, the trial judge, Hussein Baba-Yusuf, however, agreed with Mr. Dasuki’s lawyer that proceeding with the matter would hamper the course of justice.

    The judge adjourned the matter till March, 22.

    Dasuki, whose trial began in 2015, has remained in detention since the beginning of the legal process.

    He is facing various charges for alleged diversion of $2.1 billion while he served as the NSA.

    Despite repeated court decisions granting bail to the former NSA, the government has refused to release him.

  • Alleged N10m fraud: CCT chairman’s trial holds in March not February – Keyamo

    The arraignment of the Code of Conduct Tribunal, CCT, Danladi Umar, over allegations of bribery will hold in March, not February 15, the prosecution has said.

    The prosecution counsel, Festus Keyamo in chat with newsmen denied reports that Umar will be arraigned today, February 15.

    “It’s not today. He is going to be arraigned on March, 15. It’s March 15,” Keyamo said.

    Umar is however scheduled to continue overseeing the trial of a former customs officer, Rasheed Taiwo, who accused him of bribery.

    The trial which began over six years ago, is closely linked to the ongoing case against Mr. Umar who was charged based on the allegation brought by Mr. Taiwo.

    An official of the Court of Appeal who did not want to be named, because he was not authorised to speak said on Thursday that an appeal challenging the decision of Umar to still preside over Mr. Taiwo’s case, ”will soon be decided upon.”

    “Yes, the Court of Appeal heard arguments of parties in the matter during the month of December. The case was brought by some lawyers who want Umar to step down because of the allegations against him. The Appeal Court will soon call the parties for a ruling on that case,” the source said.

    The current charge against Mr. Umar were first filed by the EFCC on allegations of the CCT chairman’s involvement in the collection of a N10 million bribe from Mr. Taiwo, in 2012.

    The bribe was allegedly given when Mr. Taiwo was first arraigned for allegations of false asset declaration at the CCT.

    Following the charge, Mr. Umar was suspended by the government, but was later cleared and reinstated.

    On February 2, however the EFCC filed fresh charges against the CCT chairman, bordering on the same alleged offence.

    The allegations are contained in a two-count charge filed at a High Court of the Federal Capital Territory.

  • Independence Day bombing: Charles Okah’s trial continues

    Independence Day bombing: Charles Okah’s trial continues

    The trial of the alleged mastermind of October 1, 2010, bomb blast, Charles Okah continued on Monday, with the prosecution seeking to affix a stamp on an evidence already before the court.

    The prosecution counsel, Alex Izinyon, told the court on Monday that his client would like to affix a stamp on the evidence alluded to by the first prosecution witness, John Afolabi, in April 2015.

    Okah is facing trial for allegedly being behind the October, 1 2010 bomb blast which occurred at the Eagle Square, Abuja and resulted in the death of over a dozen people.

    The prosecution has also alleged that the bomb blast was intended to kill the former president, Goodluck Jonathan.

    Izinyon told the court on Monday that his client intends to regularise the said document by affixing the requisite stamp.

    He noted that the document contains a list of items alluded to by Afolabi

    Reacting to the application, however, the defence counsel, Oghene Otemo said the document intended to be regularised has been in court for a long time, and that his team had addressed the court on the failure of the prosecution to affix a stamp on the said document.

    “The application of the Prosecution Counsel is alien and unknown to law. It is unknown to the criminal procedure of Nigeria. Granting the application will amount to the mistrial of the defendant.

    “Granting of application upon presented facts, at this stage of the case, will orchestrate a serious miscarriage of justice. It is an abuse of court process,” Otemo said.

    The trial of the accused has reached an advanced stage. Following the court’s decision for Okah to begin his defence, earlier in 2017, the defendant ended the defence in December 2017.

    The trial judge, Gabriel Kolawole adjourned the matter till February 21 for ruling on the prosecution’s application.

  • N11bn fraud: Ex-Governor Shema, three others must face trial – Supreme Court

    The Supreme Court on Friday affirmed the judgment of Court of Appeal, Kaduna, which authorised the trial of ex-governor of Katsina State, Ibrahim Shema, on allegation of N11 billion fraud.

    Mr. Shema, who was governor of the state between 2007 and 2011 on the platform of the People’s Democratic Party (PDP), is been tried alongside three others, namely Sani Makana, Lawal Safana and Ibrahim Dankaba.

    Delivering ruling on the interlocutory application, a full panel of the court led by Justice Sidi Bage, held that the Constitution empowered the EFCC to prosecute suspects of graft allegations at federal and state levels.

    Mr. Bage also held that evidence placed before the Supreme Court had shown that the respondent (EFCC), front-loaded necessary documents along with the charge sheet to the applicants to prepare their defence.

    “The action of the ex-governor and the three other applicants cannot tempt the court to over-rule itself.

    “The apex court took time to explain the powers of the EFCC to work within both federal laws and penal codes of states in ex-governors’ Joshua Dariye and Jolly Nyame similar applications.

    “The full strength of the court met over this application and we have resolved not to over-rule ourselves on application that is clearly meritorious

    “In the circumstance, the application is dismissed on the grounds that the EFCC has the powers to prosecute anybody found to have committed fraud in any part of the country.

    “The panel therefore affirms the judgment of the Appeal Court, Kaduna, delivered on September 13, 2017, which mandated the applicants to submit themselves to trial at the High Court of Katsina’’, he said.

    EFCC had arraigned Shema and the three others before Justice Maikaita Bako of the state high court for allegedly defrauding the state during his eight years as governor.

    The applicants had approached the Supreme Court asking it to set aside the decisions of the lower courts.

    They had challenged the jurisdiction of the trial court and the acclaimed lack of powers of the EFCC to prosecute them for alleged offences committed in the state.

    The News Agency of Nigeria (NAN), recalls that the trial court had fixed February 13 for parties to report to it on the outcome of the Supreme Court decision.

     

    (NAN)

  • Alleged N2.1bn fraud: Court adjourns Dokpesi’s trial till February 6

    Alleged N2.1bn fraud: Court adjourns Dokpesi’s trial till February 6

    The Federal High Court, Abuja, has adjourned until Feb. 6, the trial of erstwhile Chairman of DAAR Communications Plc, Raymond Dokpesi, over alleged N2.1bn fraud.

    Justice John Tsoho fixed the date after the 11th prosecution witness, Mr Gabriel Agorye, testified on Friday.

    Agorye, led in evidence by Mr Rotimi Jacobs (SAN), the prosecuting counsel, said that he withdrew N40m for Dokpesi from his First Bank account.

    Agorye also told the court that he was Dokpesi’s personal assistant and ran errands for him.

    The witness also said that some monies were paid into his personal account which he withdrew and gave to his boss.

    Under cross-examination by Mr Kanu Agabi (SAN), the witness told the court that he did not know the source of the monies that he withdrew for Dokpesi’s from his account.

    He added that he did not know if the money was proceeds of an illegitimate transaction.

    “I cannot say that the source of the money was illegitimate, and I do not know the uses to which the monies were put to,” the witness said.

    Justice Tsoho discharged the witness and adjourned the matter until Feb. 6 and 7 for the continuation of trial.

    Dokpesi is being tried by the Economic and Financial Crimes Commissions over alleged N2.1bn fraud.

  • EFCC rejects Diezani’s application for trial in Nigeria

    The Economic and Financial Crimes Commission (EFCC) Monday opposed an application by former Minister of Petroleum Resources Mrs Diezani Alison-Madueke seeking to return to Nigeria to face trial.

    A Senior Advocate of Nigeria (SAN) Dele Bolgore, with whom she was charged, also urged the court not to grant it.

    The former minister, currently in London where she is being investigated for money laundering, is praying the Federal High Court in Lagos to order the Federal Government to facilitate her return to Nigeria to stand trial.

    She said if she would not be made a defendant in the case, her name should be removed from the charge.

    Mrs Alison-Madueke is asking for an opportunity to defend allegations against her in a charge filed against her, Belgore and a former minister of National Planning Prof Abubakar Suleiman.

    The prosecution said Alison-Madueke allegedly shared $115,010,000 (about N35billion) to different individuals in 36 states ahead of the 2015 general elections.

    EFCC accused Belgore and Suleiman of directly receiving N450million in cash from Alison-Madueke. They pleaded not guilty.

    Mrs Alison-Madiueke was not listed as a defendant, but was named in the charge as being as large.

    Arguing the application before Justice Rilwan Aikawa Monday, her lawyer Mr Onyechi Ikpeazu said his client was more or less a defendant in the case because there is a complaint against her.

    He said it was in the interest of justice and fair hearing to allow her to defend herself in four of the counts.

    “It is the fundamental right of the applicant that a criminal proceeding of this nature should not go on in her absence,” he said.

    Ikpeazu added that if EFCC does not wish to try or give her an opportunity to defend herself by listing her as a defendant, then the prosecution should expunge her name from the charge.

    “We have no objection if her name is extracted from the charge and the case goes on,” he added.

    The Senior Advocate cited a case at the court’s Abuja division involving the Federal Government and Olajide Omokore in which Mrs Alison-Madueke was mentioned in the charge but was also said to be at large.

    He said when she brought a similar application to be listed a defendant, Justice Nnamdi Dimgba struck out the count in which she was named.

    Ikpeazu urged Justice Aikawa to be persuaded by Justice Dimgba’s ruling.

    But, opposing the application, the prosecuting counsel Mr Rotimi Oyedepo said it was a “violent abuse of court processes.”

    “The application is frivolous and is intended to annoy the parties,” he said.

    Oyedepo argued that based on Section 269 of the Administration of Criminal Justice Act, the prosecution can only amend a charge by adding to the counts or reducing them, not adding a defendant.

    He said if any amendment is allowed at this stage, two witnesses having been already called, the trial would start de novo (afresh).

    To him, that would occasion a miscarriage of justice.

    Besides, Oyedepo said Mrs Alison-Madueke was not even within the court’s jurisdiction having admitted in her application that she was in London.

    The EFCC lawyer said the former minister was given an opportunity before trial commenced to answer the charge, but she allegedly escaped.

    “Immediately she got to know about the investigation of this case, she absconded from Nigeria. Upon realising that she is in London, we made effort to meet her interview her there.

    “But she has always refused to meet with our team members. Her lawyer in London, one Mr John Beans, said the team would not be permitted to meet her because she’s outside jurisdiction,” Oyedepo said.

    The lawyer said the application was, therefore, “misconceived and belated”.

    According to him, apart from the prosecution who would suffer avoidable delay, the defendants would also be prejudiced.

    Oyedepo said the trial should be allowed to go on without her, adding that whenever she returns to Nigeria, she would be charged.

    “This application is intended to delay this case,” Oyedepo said.

    Belgore’s lawyer Mr Ebun Shofunde (SAN) also opposed the application, saying Mrs Alison-Madueke was not a “necessary party” to the case.

    “Without the applicant being a party, what the court will determine is the guilt or innocence of the first and second defendants.

    “The court does not require the presence of the applicant to determine their guilt or innocence,” he said.

    Sofunde added that it would be “unjust” for a trial that started in February to begin all over again when the applicant had no excuse for waiting so long.

    “I urge the court to dismiss the application,” he said.

    Replying on points of law, Ikpeazu said the fact that Alison-Madueke was just bringing the application was “secondary”.

    He said there was nothing to show that she was aware of the charge, and insisted that “the applicant is a defendant because there’s a complaint against her.”

     

  • JUST IN: Evans arrives court amidst tight security as proceedings for trial begins

    Alleged kidnap kingpin, Chukwudumene Onwuamadike, has arrived the Lagos State High Court in Igbosere where he has two pending charges bordering on murder and illegal possession of firearms.

    He was brought into the court as usual by heavily-armed, combat-ready policemen.

    The court scheduled this morning to hear his application challenging the competence of the two separate charges.

    TheNewsGuru.com reports that his (Evans) arraignment on Monday was temporarily stalled as his lawyer brought an application seeking to quash the charges.

    The Lagos State Government had slammed the fresh charges on Evans, who was hauled up before Justice Oluwatoyin Taiwo over alleged attempt to kidnap the Chairman of the Young Shall Grow Motors, Mr Vincent Obianodo.

    Following the application, the judge fixed Evans’ arraignment for Thursday (today) Oct. 27.

    Details shortly…

  • Alleged N11bn fraud: Shema’s trial to begin Feb.13

    A Katsina State High Court has fixed Feb 13, 2018, for mention of the case filed by Economic and Financial Crime Commission (EFCC) against ex-governor Ibrahim Shema, alleged to have misappropriated N11 billion state funds.

    The News Agency of Nigeria (NAN) recalls that Shema had challenged the jurisdiction of the High Court to hear the case but lost at the Court of Appeal in Kaduna.

    The ex-governor is now at the Supreme Court, which has fixed Nov. 8, to hear his appeal on the verdict by the appellate court.

    During the proceedings at the state High Court on Tuesday in Katsina, the defence counsel, Akinlolu Kehinde (SAN), prayed the court to adjourn the case, pending the outcome of the Supreme Court ruling on jurisdiction.

    However, the prosecution counsel, Mr Earnest Obunadike objected to the request by the defence, urging the court to proceed with the trial.

    The judge, Justice Ibrahim Maikaita-Bako, who adjourned the case to Feb. 13, 2018, for mention, however, said the court might fix an earlier date, if the Supreme Court delivers its verdict before the adjourned date.

    NAN reports that the Katsina State Government had petitioned the EFCC accusing Shema of misappropriating about N11 billion during his tenure.

     

    NAN