NEWS AGENCY OF NIGERIA

Man jailed 8 years for swindling woman

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By Blessing Odega

An Area Court in Jos on Thursday sentenced one Hashim Yakubu, 28, to eight years imprisonment for swindling a sales girl of three android phones valued N261,000.

The judge, Thomas Ajitise, sentenced the convict after he pleaded guilty to breach of trust and cheating, and begged the court for leniency.

Ajitise gave the convict an option of N500,000 fine or eight years imprisonment for breach of trust and cheating.

The judge also ordered the convict to pay N261,000 as compensation to the complainant.

Earlier, the police prosecutor, Insp Ibrahim Gokwat, told the court that the case was reported at the A Division Police Station on Jan. 8, by the complainant, Ms Patricia Sati.

The complainant said Yakubu, who claimed to be a lawyer, came to her shop in 2019 and collected three phones from her to resale and return the proceeds, but absconded to unknown destination.

The prosecutor further told the court that during police investigation the convict confessed to have committed the act.

Gokwat said the offence contravened Plateau State Penal Code law. (NAN)(www.nannews.ng)

Edited by Maharazu Ahmed

2 friends jailed 24 months each for stealing tricycle

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By Blessing Odega

An Area Court in Jos on Thursday sentenced two friends to 24 months imprisonment for stealing a tricycle worth N670,000.

The judge, Mr Thomas Ajitise sentenced Hassan Abdullahi, 30, and Yau Mohammed, 22, following their guilty plea for conspiracy and theft and begged the court for leniency.

Ajitise gave the convicts an option of N50,000 fine each.

Earlier, the Prosecution Counsel, Insp. Labaran Ahmed told the court that the case was reported at the Laranto police station on Jan. 5, by Mr Adam Shuiabu.

He said the complainant said the convicts stole his tricycle where it was parked.

The prosecutor further told the court that during police investigation the convicts confessed to the crime and the tricycle was recovered.

The offence, he said, contravened the Plateau Penal Code law of Northern Nigeria. (NAN)(www.nannews.ng)

Edited by Sadiya Hamza

EFCC re-arraigns social media influencer, Adeherself, for alleged internet fraud

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By Adenike Ayodele

The Economic and Financial Crimes Commission (EFCC) on  Wednesday re-arraigned a social media influencer and comedienne, Adedamola Adewale alias Adeherself, for alleged  of N7.9 million internet fraud.

The News Agency of Nigeria (NAN) reports that Adewale was charged alongside two others at large, on a three-count charge of conspiracy to obtain money by false pretences, attempt to obtain money by false pretences and retention of proceeds of a criminal conduct.

She, however, pleaded not guilty to the charge before Justice Mojisola Dada of an Ikeja Special Offences Court.

EFCC counsel, Mr Samuel Daji, informed the court that the case was re-assigned, and urged it to remand the defendant pending commencement of trial.

Daji argued that the case was new before the court and there was need for proper bail application by defence.

He said: “My lord, this case was heard before Justice Sherifat Solebo before she retired, and when it was transferred to this honourable court, I informed my learned friend that the case would be coming up on Jan. 25.

“He said he thought it was the day before.

“This is a matter that is starting afresh before your lordship, and we do not know if the sureties, who stood for her earlier, are dead or not.

“It is proper for defence to apply afresh for bail before your lordship.”

Defence counsel, Mr Kassim Molade, however, prayed the court to retain the bail granted by Solebo to the defendant, pending filing of a new bail application.

According to Molade, the defendant has not been absent from court and is ready to make herself available for trial.

“We passionately urge your lordship to allow the defendant to continue to enjoy the bail given to her by the sister court.

“The reason we were not here on Jan. 25 is that prosecution did not get back to me.

“I assure your lordship that before the close of today, I will rush to the sister court to get a copy on the ruling on the bail application,” he said.

The judge consequently retained the bail granted to the defendant by Solebo pending filing of a new bail application by defence counsel.

Dada also ordered the defendant to present her bank statement of account within three weeks.

She held that failure to do so would make the court to order her remand.

The EFCC alleges that the defendant with two others, Lasisi Adeleke and Sodiq Adeleke, still at large, with intent to defraud, attempted to obtain $6, 000 from one Mr Joseph Rumoro on the pretext that the money was meant for procurement of his passport and visa as well as tax payment.

The commission also alleges that Adewale retained in her bank account, proceeds of cybercrime to the tune of N7.9 million.

The alleged offences contravene Sections 8(a) and 1(3), 8(b) and 1(3) and 17 (a) and (b) of the Advance Fee Fraud and other Fraud Related Offences, 2006.

The case has been adjourned until April 18 for commencement of trial. (NAN) www.nannews.ng

Edited by Ijeoma Popoola

JUST IN: Supreme Court temporarily stops withdrawal of old naira notes

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By Ebere Agozie

The Supreme Court on Wednesday temporarily stopped the withdrawal of old Naira Notes from Feb.

A seven-member panel led by Justice John Okoro, halted the move in a ruling in an exparte application brought by three northern states of Kaduna, Kogi and Zamfara.

The three states had specifically applied for an order of Interim Injunction restraining “the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

Delivering ruling in the motion, Okoro, held that after a careful consideration of the motion exparte this application is granted as prayed.

“An order of Interim Injunction restraining the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10,, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

He accordingly adjourned until Feb. 15, for hearing of the main suit.

Moving the application on Wednesday, counsel to the applicants, Mr A. I. Mustapha, SAN, urged the apex court to grant the application in the interest of justice and the well-being of Nigeria.

He stated that the policy of the government has led to an “excruciating situation that is almost leading to anarchy in the land“.

While he referred to a Central Bank of Nigeria’s (CBN) statistics which put the number of people who don’t have bank accounts at over 60 percent, Mustapha lamented that the few Nigerians with bank accounts can’t even access their monies from the bank as a result of the policy.

The senior lawyer further argued that unless the Supreme Court intervenes the situation will lead to anarchy because most banks are already closing operations. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

Alledged N2.9bn fraud: Court discharges Okorocha, others

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By Taiye Agbaje
A Federal High Court, Abuja, on Monday, discharged former Governor of Imo, Sen. Rochas Okorocha, of N2.9 billion fraud charge preferred against him by the Economic and Financial Crimes Commission (EFCC).
Justice Inyang Ekwo, in a ruling, struck out the EFCC’s suit for being in contravention with Section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which gives the Honourable Attorney-General (HAGF) of the Federation the power to recall a case.
Justice Ekwo said that the directive of the AGF and Minister of Justice, Abubakar Malami, SAN, in a letter dated Sept. 12, 2022, to the anti-graft agency to forward the case file as well as the EFCC’s comments on the issues for consideration and review was binding on the commission.
“All that the law required of the respondent (EFCC) was for the respondent when directed by the HAGF, pursuant to any enactment, is to comply and not act as if it is not under the law or is exempted thereby.
“For the avoidance of doubt, the office of the HAGF is founded on the provisions of the constitution and is thereby preserved.
“The controversies and drama surrounding this trial proceeding is needless and it is time to stop it,” he said.
The judge further held that from the moment the HAGF gave the directive to the EFCC, the commission ceased to have the legal authority to prosecute or continue the prosecution of the case.
“In other words, the intervention of the HAGF in any criminal proceedings ends the authority of the prosecuting agency in the matter unless otherwise directed by the HAGF.
“In the end, I find that non-compliance by the respondent with the directive of the HAGF as stated in Exhibit Okorocha 7 is fatal to this proceeding and has rendered it a nullity.
“The respondent is not empowered by any law to continue with this proceeding after the HAGF issued the directive in Exhibit Okorocha 7.
“With Exhibit Okorocha 7, it is only the HAGF that can decide whether or not to charge the defendants upon the case file being remitted to his office as directed,” he added.
Besides, Justice Ekwo agreed with the defendants that the earlier judgment of a court of coordinate jurisdiction sitting in Port Harcourt in suit number: FHC/PH/FHR/165, between Okorocha and EFCC, restraining the agency from further proceeding on the alleged offence had not been set aside.
 According to him, the order is binding until it is set aside.
“The fact that a person refuses to comply with the law does not change the law, neither does the law change to accommodate the act of non-compliance by any person.
“What happens when a person elects not to comply with the law is that the law turns its back on the person.
“When that happens, every action or decision taken by such person in the process of non-compliance becomes illegal and the court will set aside such act of non-compliance ex debito justitiae.
“This is so because there is no machination that can be used to salvage an illegal act,” he said.
The judge, who said that Okorocha’s and 5th defendant (Consolid Projects Consulting Ltd.)’s objections succeeded on merit, struck out the charge.
“I therefore make an order striking out the charge which found this proceeding. The consequence is that the defendants are discharged,” Ekwo declared.
The News Agency of Nigeria (NAN) reports that the EFCC had said it received an intelligence report about criminal diversion, abuse of office and money laundering against Okorocha while running the affairs of Imo State government between 2011 and 2019.
The commission said that the intelligence was investigated and confirmed to be true.
The anti-corruption agency then filed a 17-count charge marked: FHC/ABJ/CR/28/22 against Okorocha and others.
Okorocha, who is the 1st defendant, was arraigned alongside Anyim Nyerere Chinenye, Naphtali International Limited, Perfect Finish Multi Projects Limited, Consolid Projects Consulting Limited, Pramif International Limited, and Legend World Concepts Limited as 2nd to 7th defendants, respectively.
He was alleged to have laundered fund to the tune of N2.9 billion while serving as governor of Imo.
But Justice Ekwo, on May 31, 2022, admitted Okorocha to bail in the sum of N500 million with one surety in like sum.
The judge also granted Okorocha’s co-defenndant, Chinenye, bail in the terms of the administrative bail earlier granted to him by the EFCC.
But Okorocha, who currently represents Imo West Senatorial District, had filed a preliminary objection, alongside the 5th defendant, praying for an order quashing the charge and/or all counts of the charge preferred against him.
The senator described the suit as being “unlawful, baseless, oppressive and a gross abuse of the process of the court.”
He said that the investigation “on which the said charge was predicated, was subject matter of suit number: FCH/PH/FHR/165/2021 wherein this Hon. Court, Coram Pam, J. had, in final judgment at the suit of the applicant. declared unlawful and made an order prohibiting the EFCC from further proceeding.”
But the EFCC, in its counter affidavit dated and filed on Nov. 18, said it had seen and read through Okorocha’s motion dated Oct. 28, that “the depositions therein are grossly misleading and untrue particularly paragraphs 3 and 4.”
The anti corruption agency urged the court to dismiss the application for lacking in merit. (NAN)(www.nannews.ng)
Edited by Sadiya Hamza

Ugboma: Temple of justice being desecrated by ministers’ blood – Lawyers

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By Sandra Umeh

Some members of the Nigerian Bar Association (NBA) on Monday expressed worry at the killing of their colleagues across the country.

They described it as desecration of the temple of justice.

The lawyers told the News Agency of Nigeria (NAN) in Lagos that the killings had become too many.

NAN reports that the Chairman of a Customary Court in Oguta Local Government area of Imo, Mr Nnaemeka Ugboma, was on Feb. 3 reportedly shot dead by yet-to-be identified gunmen at the court’s premises.

Before Ugboma’s murder, several lawyers had been attacked and murdered in Imo and some other parts of the country.

NAN reports that on Dec. 25, 2022, a pregnant female lawyer, Mrs Omobolanle Raheem, was shot dead in Lagos State.

Raheem was allegedly murdered by a police officer in Ajah while she was returning from a Christmas outing with her family.

In November 2022, Steven Eke was killed by unidentified gunmen in the Federal Capital assassinated senior lawyer, in the presence of his wife and son.

The Chairman of NBA, Lagos Branch, Mr Ikechukwu Uwanna, told NAN that every citizen possessed the right to life.

“The killing of lawyers across the country does not portend well for the NBA neither is it a good omen for the legal profession nor Nigeria.

“It is sad, dehumanising, barbaric and uncalled for, for any person to be killed anywhere in Nigeria.

“Attacks on lawyers are something we cannot leave like that, it is a situation we must oppose and condemn in its entirety.

“We need to oppose and condemn it clearly, whether it is in Ejemekuru where a chairman of a customary court was killed, or in Lagos where a lawyer was killed or in Sokoto where a lawyer was killed, or in Calabar where a judge was killed.

“We need to all stand up and condemn this; it is our humanity that is at stake.

“We need to stand up and defend our humanity and ensure that everyone is able to respect life which none of us is able to provide,” he said.

A former Chairman of NBA, Jos Branch, Mr Yakubu Bawa, told NAN that the trend portended a bad omen for the nation.

“It appears that lawyers have become an endangered specie,’’ he said.

According to him, the common man will be wondering what will be his lot if lawyers who can fight for their rights can be attacked and killed.

“I think that this is the right time to adopt a radical approach to addressing this issue. It is not confrontational or illegal but an effective measure.

“There is, therefore, a need for the NBA president to convene a meeting where these issues will be discussed.

“As lawyers, we must also be vigilant in terms of security, and take care of ourselves. It is sad that we have become an endangered specie.

“We must all put our hands on deck to deal with this plague,” he said.

The Chairman of NBA, Ota Branch, Mr Wale Adegoke, also regretted murder of some lawyers in recent times, saying that it could weaken the judicial institution.

“Regretfully, the temple of justice is being desecrated by the blood of the priests/ministers.

“Consequently, by the show of brute force on her personnel, the judicial institution is being weakened.

“We cannot afford this gory state of affairs in the interest of nation building and our collective wellbeing,’’ he said.

He called on state governors to beef up security in all court facilities.

“All visitors to these facilities should be subjected to searches for enhanced security for our judicial officers and legal practitioners,” he urged.

Adegoke also advocated collaboration and effective networking among security agencies in each state to upscale intelligence gathering on judicial facilities.

A constitutional lawyer, Mr Spurgeon Ataene, said that attacks on lawyers and judges had become a huge cause for concern.

“All over the world, we are held responsible for some malfeasance and misfeasance.

“It is ludicrous to see us, lawyers, bearing the brunt of society’s undoing.

“There was the belief in the ancient times that, in order to have a quiet society, you first have to do away with lawyers.

“As absurd as that saying is, some members of society actually see lawyers as their problems rather than those who resolve crisis.

“I, therefore, advocate establishment of lawyers and judicial officers’ safety corps.

“I am of the opinion that if established through legislation, every law firm and judicial officer or lawyer will operate under the radar of the sophisticated security system to ensure their safety,” he said

Ataene urged NBA branches to emphasise security and welfare of their members at all times. (NAN)

Edited y Ijeoma Popoola

ASF France begins advocacy on police prompt response to rights abuses

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By Taiye Agbaje

Avocats Sans Frontieres (ASF) France says it will engage with the police authorities on setting up a standard operating procedure for the Police Complaints Response Unit (PCRU) to ensure prompt response to human rights abuse matters.

Angela Uzoma-Iwuchukwu, Head of Office of ASF France in Nigeria, made this known on Wednesday during a two-day training for officers of the PCRU on response to human rights violations.

“We intend to continue to engage with the Nigeria Police Force under the leadership of the Inspector-General of Police,

“We are going to take forward the few recommendations that have been made at this training as they are coming out as we continue to engage with the officers.

“We are planning a high-level advocacy to push for issues such as the setting up of a standard operating procedure for the police complaints Response unit.

“The issues of impartiality will also be brought up and prompt response to complaints that have been brought to the unit,” she said.

She said that the issues of feedback to the complainants and Nigerians would also be looked into.

Uzoma-Iwuchukwu said the use of social media as efficient way of engaging victims of rights abuse would also be canvassed.
The Executive Secretary of National Human Rights Commission (NHRC), Chief Tony Ojukwu, said the Police Act conferred on the police the responsibility of crime prevention, protection of lives and property, investigation and prosecution of suspects, among others.
He said while acknowledging the important role of the Nigerian Police as contemplated by the Police Act, it was important for the police to carry out its functions in compliance with human rights standards.
“It needs not be emphasised that unless perpetrators of human rights violations are held accountable, impunity will thrive.
“Accountability for human rights violations are necessary conditions,” Ojukwu, who was represented by Dorothy Amah, Deputy Director of Legal, NHRC, said.
The High Commissioner of Canada in Nigeria, Mr Jamie Christoff, said his country would continue to support ASF France in its efforts at tackling issues of human rights abuse in Nigeria.
The News Agency of Nigeria (NAN) reports that no fewer than 15 officers across the country from the PCRU were trained by the ASF France, also known as Lawyers Without Borders.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

Alleged impersonation: FG files fresh evidence against 3 lawyers

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By Taiye Agbaje
The Federal Government has filed additional evidence against three Abuja-based legal practitioners over allegations bordering on impersonation.
The News Agency of Nigeria (NAN) reports that the three lawyers are facing trial on a four-count criminal charge bordering on false information with intent to mislead the Court of Appeal into entering a consent judgment of N52 million in their favour.
They are Maxwell Opara, Gold Nwankwo and Jubilate Obasikene, who are all practising in the law firm of Maxwell Opara and Associates.
The Federal Government, through the prosecution agency, the Economic and Financial Crimes Commission (EFCC), had equally filed a list of additional witnesses it shall call in the prosecution of the case.
Upon resumed hearing on Wednesday, the EFCC’s counsel, Ibrahim Buba, informed Justice Hamza Muazu of the High Court of the Federal Capital Territory, Abuja about the new development.
Buba said the list of additional evidence as well as the list of additional witnesses had already been served on the defendants.
Although the lawyer expressed his readiness to proceed with the trial, the defence counsel who confirmed that the documents were served on them, prayed for a short adjournment to enable them study the documents.
Counsel to Maxwell Okpara (1st defendant), K.C Muemeka, told the court that the said documents were just served on them in court.
Responding, Buba, who consented to the request for an adjournment agreed that indeed, the defence team needed more time to study the additional evidence.
Consequently, Justice Muazu adjourned the case to Feb. 13 and Feb. 14 for trial.
NAN reports that the charged, marked CR/444/2022, followed a petition by the Central Bank of Nigeria (CBN) to the chairman of the EFCC, accusing the lawyers of fraudulent representation and impersonation.
They were alleged to have fraudulently entered appearances for the CBN and Unity Bank Plc, without the consent and authorisation of the banks in an appeal marked: CA/A/18M/2017 in respect of a garnishee proceedings involving the sum of N52 million at the Court of Appeal, Abuja.
The offence, according to EFCC, is contrary to Sections 96 and 140 of the Penal Code Law of the Northern Nigeria as applicable in the FCT, Abuja.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

Court remands man for allegedly disobeying court supremacy

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By Joshua Oladipo

An Osogbo Chief Magistrates’ Court in Osun , on Monday , ordered the remand of Alawode Ridwan , 22, popularly called “Rado” in Ilesa Correctional center over alleged disobedient to court supremacy .

Ridwan pleaded not guilty to a count charge of contempt against him.

The Magistrate, Dr Olusegun Ayilara, had ordered the remand of the defendant due to the magnitude of the alleged offence committed.

Ayilara adjourned the case until to Feb. 27 for hearing.

The Police Prosecutor, Insp. Kayode Adeoye told the court that the defendant committed the offence sometimes between the months of July 22, 2022 and Jan. 27, 2023 for not appearing in court for his case.

Adeoye said several attempt to arrest the defendant proved abortive, until he was tracked by the intelligence unit of the Osun Police command and brought to the court.

He said the offence contravened sections 133 (9) of the criminal code cap 34 vol. 11, laws of Osun, 2002.

The defendant has no legal representation when his case was called by the court clerk. (NAN)(www.nannews.ng)

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Edited by Joseph Edeh

Rivers senatorial poll: Judgment in SDP’s suit against INEC stalled

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By Taiye Agbaje
Judgment in a suit filed by Social Democratic Party (SDP) against the Independent National Electoral Commission (INEC) was, on Friday, stalled in a Federal High Court (FHC), Abuja.
Justice Emeka Nwite could not proceed on delivering the judgement, which was earlier scheduled for the day’s business, due to an application filed by INEC.
The News Agency of Nigeria (NAN) reports that SDP and Atteng Fred had sued INEC as sole defendant in the suit marked: FHC/ABJ/CS/2205/2022.
In the amended originating summons dated Dec. 14, 2022 and filed Dec. 15, 2022 by their team of lawyers, the plaintiffs sought a court declaration that by virtue of Sections 65(2) (b), 106 (d), 177(c) and 187 (1) & (2) of the 1999 Constitution (as amended), INEC cannot recognise Gokana Geoffrey, who had withdrawn his candidature and resigned his membership from SDP as their candidate for the Rivers South East Senatorial District election.
Besides, they averred that the commission cannot refuse to accept the name of Mr Fred submitted to it as party’s candidate after a validly conducted and monitored primary.
They, therefore, sought an order, directing INEC to allow the party submit Fred’s name as represented by it, following Geoffrey’s withdrawal from the race and his subsequent resignation from the party, among others.
Upon resumed proceeding, counsel to the plaintiffs, Jibrin Jibrin, who appeared with M.M. Ogar, told the judge that the matter was slated for judgment and they were ready.
However, INEC was not represented in the court.
Justice Nwite then said that he was informed about a process dated Dec. 30, 2022 and filed by the electoral umpire.
He said his attention was drawn to it on Jan. 4, while writing the judgment.
He asked if the lawyer had been served but Jibrin said they had not been served with the application.
“We were never served and our position is that the defendant did not file anything,” he said.
Jibrin, who applied for permission to address the court on the issue as it affected the delivery of the judgement, drew the attention of the court to the provision of Section 122(2) (m) of the Evidence Act 2011 (as amended).
He contended that the process was incompetent having been filed out of time in accordance with Order 3, Rules 3 to 4 of the FHC Practice Direction.Om
On issue of non-service of the process on the plaintiffs, he argued that since the court record showed that the said process was never served on them, “the failure to serve them is fatal in that it robs the court of the jurisdiction to reckon with nor consider same.”
Jibrin further argued that as the matter had been slated for judgment, the court should discountenance with the process and proceed to deliver its judgement.
Justice Nwite adjourned the matter until Jan. 30 for ruling.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza

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