NEWS AGENCY OF NIGERIA

ECOWAS Court orders C/River to repay US$6.4m to ECOWAS Bank

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By Ifeanyi Nwoko

The ECOWAS Court of Justice has ordered the government of Cross River State to repay the sum of US$6,455,846 to the ECOWAS Bank for Investment and Development (EBID).

In its ruling on Friday, the court also ordered the Nigerian State government to pay an interest of 6.5 per cent per annum on the amount starting from 31 August, 201.

It said that the repayment accrued from an outstanding loan granted the government in 2005.

Delivering judgment in a suit brought by the bank, an arm of ECOWAS, Justice Edward Amoako Asante, said the “sum represents the situation of the Tinapa Free Zone Project loan in the Applicant’s book as at 31 August 2018.

He asked the government of Cross River to submit to the Court within two months a report on its measures to implement the Court’s orders relating to the loan with which the government financed the Tinapa business resort.

Although the Court granted most of the reliefs sought by the Applicant, it declined the Applicant’s claim for immediate execution of the Irrevocable Standing Payment Order (ISPO).

The ISPO is a loan condition precedent mandating the Accountant General of the Federal Republic of Nigeria tagged “Guarantee” in Clause 7.05 of the loan agreement to satisfy the indebtedness.

The Court also refused to grant the Applicant’s claim for solicitor’s fees on the ground that it was not backed by documentary evidence.

The Applicant EBID had filed suit no ECW/CCJ/APP/14/19 on 2nd April, 2019 urging the Court to declare its Loan Agreement No 7/AP/LAR/FRDF/04/05 with Cross River State Government (CRSG) as valid, binding and subsisting between the parties.

The applicant also urged the court to declare the Respondent as having failed to fulfil a loan condition precedent and compel the Respondent to repay the loan with interest.

The Applicant had alleged that despite several demands, the Respondent refused and/or neglected to repay the loan with duration period of seven (7) years after a two-year moratorium.

The Respondent, the Government of the Cross River State of the Federal Republic of Nigeria, admitted it approached EBID, an investment and development bank, to part finance its TINAPA business and resort project.

It further admitted that both parties signed a loan agreement on May 20, 2005 for a sum of UA6, 525,371 equivalent of US$10,000,000.

The Respondent claimed it made repayments until 2010 when it defaulted due to an administrative issue and that the repayment schedule for the outstanding payment was restructured to run from 7 January 2010 to 1 January 2020.

But the Court noted that the Respondent defaulted on its repayment schedules. (NAN)

Man bags 66 months imprisonment for human trafficking

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Abdullahi Shugaba

The Federal High Court sitting in Katsina has sentenced one Muyeedeen Jamilu, 42, to five and a half years’ imprisonment for trafficking in persons.

Jamilu, a resident of Brigade quarters in Kano, was accused of procuring illegal entry for 11 youths, comprising 10 female and one male to go to Libya, but were arrested while en route from Kano, through Kwangwalam border in Katsina state, on Nov. 30, 2020, by the Joint Taskforce of the National Agency for the Prohibition Trafficking in Persons (NAPTIP).

Following the arrest, 11 count charges were filed against the defendant, punishable under Section 26 (1) of the Trafficking in Person (Prohibition) Act (2015), and when the charges were read to him he admitted and pleaded guilty.

Prosecuting counsel, Abdullahi Babale, tendered the confessional statement of the defendant and those of the 11 victims as evidence, while urging the court to convict and sentence the defendant accordingly.

Defence counsel Abdurrahman Shittu, said that he had no objection, since the defendant had pleaded guilty to the charges, without wasting the precious time of the court.

In her judgment, the presiding judge, Justice Hadiza Rabiu, noted that since there was no better evidence than self-confession, and the defendant had pleaded guilty, even though he was remorseful, he cannot go unpunished so that it would deter him and others who might want to committing similar offence in the future.

“I, therefore, sentence you to 6 months prison term for each of the 11 offences, from the date of arrest,” she ruled. (NAN)

COVID-19 protocols: Court orders reopening of Wuse, UTC markets in FCT

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By Salisu Sani-Idris

The Federal Capital Territory Administration (FCTA) mobile court has ordered the reopening of Wuse, UTC markets and Murg Shopping Plaza shut down on Monday in Abuja for violating COVID-19 safety protocol.

The court also slammed the fine of N50, 000 each on the three facilities, for over flagrant disregard to COVID-19 Health Protection Regulations Act 2021, which must be paid before the reopening.

Mr Ikharo Attah, Head, Media and Enlightenment of FCT Ministerial Taskforce on Enforcement COVID-19 Protocols, announced this at a news briefing in Abuja on Wednesday.

Attah, who said that the facilities were unsealed following the court order on Wednesday, warned that any further violation would lead to complete shutdown of the markets.

”Almost two day after the closure of the Wuse, UTC markets and Murg Shopping Plaza, the presiding judge, Magistrate Idayat Akani, having observed what was reported back by the team that inspected the two affected markets.

” And also the undertaken written by the leadership of the three business centres assuring that they will comply with the Presidential Task Force on COVID-19 guidelines on COVID-19, the judge in her wisdom ordered the unsealed of the markets and fine each of them N50,0000 which they hurriedly paid.

Attah said that the measure was expected to serve as a deterrent to other market operators, managers, associations and even bars.

He explained that from what the taskforce saw during inspections of the affected markets, they were largely prepared to comply with COVID-19 protocols.

He, however, emphasised the need for all markets and public places to sustain the level of compliance with COVID-19 safety protocols in obedience to the presidential executive order.

“If the markets fail to abide by the COVID-19 protocols again, the FCT Minister, Malam Muhammad Bello and the Commissioner of Police directed that the business facilities should be completely shutdown,” he said.

Responding, Alhaji Ibrahim Abdullahi, the Managing Director, Murg Properties Lld., Managers of Murg Shopping Plaza, assured that the facility would comply with the safety protocol.

He said that taskforce had been activated to ensure total compliance with COVID-19 protocols in the plaza and the markets. (NAN)

Woman, 40, in court over alleged attempt to steal 3 children

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Funmilayo Okunade

A 40-year-old woman, Kazeem Tawa, was, on Wednesday, arraigned before an Ado-Ekiti Magistrates’ Court over alleged attempt to steal three children.

Tawa, whose address was not given, is facing a three-count charge bordering on attempt to steal.

The Prosecutor, Insp Oriyomi Akinwale, told the court that the defendant committed the offence on Jan. 29 in Ado-Ekiti.

Akinwale said that the defendant attempted to steal Adeyeye Itunu, Bolarinwa Modupe and Joshua Ayomide, all secondary school students.

The offences, according to him, contravene Section 509 of the Criminal Code, Laws of Ekiti State, 2012.

The prosecutor asked the court for an adjournment to enable him to study the case file and present his witnesses.

The defendant, however, pleaded not guilty to the three-count charge preferred against her.

Counsel to the defendant, Mr Sunday Balogun, urged the court to grant his client bail, with a promise that she would not jump bail.

In her ruling, the Magistrate, Mrs Dolapo Fasuba, granted the defendant bail in the sum of N100,000, with two sureties in like sum.

Fasuba said one of sureties must have landed property within the Ado-Ekiti Magisterial district and must be a member of landlords’ association in his/her community.

She, thereafter, adjourned the case till March 2, for hearing. (NAN)

Police brutality: Court awards N5m in damages against police

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By Emmanuel Afonne

An Abuja-based Human Rights lawyer, Mr Pelumi Olajengbesi, has described the judiciary as truly the last hope for the common man.

Olajengbesi was reacting to a judgement by a Federal High Court, sitting in Osogbo, Osun State, which awarded the sum of N5 million as general damages for the abuse of rights of one of his clients, Mrs Adetola Abdulazeez.

The judgement, delivered on Monday by the presiding Judge, Justice Ayo Emmanuel, was against the Nigeria Police Force (NPF) and the Inspector General of Police (IGP).

Olajengbesi, in an interview with NAN, commended the court and applauded the Judge for his courage and judicious adjudication of the suit.

“The judgment will reinforce the slogan which connotes the judiciary as the last hope of the common man and equally rekindle the hope of Nigerians in our judicial system,” he said.

It would be recalled that the applicant on April 18, 2020, during the national COVID-19 lockdown, was grievously dehumanised and publicly assaulted by officers of the Nigeria Police who were identified as Inspector Taiwo and Constable Abass Ibrahim.

The applicant was hounded by the said officers on her way in search of a pharmaceutical store to purchase drugs for her ailing daughter who was down with severe ear infection.

The officers, without just cause, pounced on the applicant with police baton and other whips, causing her grievous bodily injury and emotional distress.

At the hearing of the suit, Counsel for the Police and the IGP, F.B Osei Esq., argued that although Inspector Taiwo and Constable Abass Ibrahim are agents of the Nigeria Police Force, the Police and the IGP cannot be held liable for their acts and omissions.

The Court held that the actions of the officers in the discharge of their official duties as agents of the Nigeria Police amounted to an infringement of the fundamental right to dignity of the applicant, a liability the Nigeria Police Force must shoulder.

Other lawyers in the matter who represented the applicants were Pelumi Olaleye Esq., Abiodun Sonaike Esq., and Emmanuel Omaga. (NAN)

Teenager threatens to kill mother, lands in court 

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By Ngozi Njoku

A 17-year-old boy, Quadri Taiwo, on Monday appeared in an Ikeja Chief Magistrates’ Court for allegedly threatening the life of his mother.

The Police charged Taiwo for breach of peace and threat to life, punishable under sections 168 and 56 of the Criminal Law of Lagos State 2015.

The defendant, however, pleaded not guilty.

The Prosecutor, ASP Kehinde Ajayi, told the court that the defendant committed the offence in November 2020 at Balogun Street, Orile-Agege in Lagos State.

Ajayi said that the defendant threatened the life of Mojisola Taiwo, over a conflicting issue.

He said that Taiwo also conducted himself in a manner likely to cause a breach of the peace by sending a series of abusive text messages to his mother.

“Taiwo was, however, arrested after a thorough investigation,’’ Ajayi said.

The News Agency of Nigeria (NAN) reports that Section 56 stipulates a one-year jail term for threatening violence.

Chief Magistrate, Mrs A.O Ajibade, however, granted the defendant N50,000 bail with one surety in like sum.

She adjourned the case until Feb. 11, for mention. (NAN)

Trial of ex-SGF Lawal, 5 others for alleged N544m fraud begins

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By Glory Abuh-Adejoh/ Talatu Maiwada

The trial of a former Secretary to the Government of the Federation, Babachir Lawal and five others began on Wednesday in an FCT High Court in Jabi, Abuja.

The Economic and Financial Crimes Commission (EFCC)  called its first witness.

The prosecution witness, a relationship manager in the Sales Department, First City Monument Bank (FCMB), Mohammed Babansule, tendered the statement of account of one of the companies, Josmon Technologies Ltd., the sixth defendant.

Some other documents tendered by the bank official  were the Certificate of Incorporation, Memorandum of Understanding, AEDC receipts, Letter of reference, International passport page of Apeh Monday, the fourth defendant and board resolution to open an account, all for the sixth defendant.

Babansule while giving evidence in chief had said that the statement of account for the sixth defendant was generated from computer system of the bank, printed, signed, endorsed and certified by the bank before sending same to the EFCC.

The witness also confirmed comparing the printed statement to be the same with the one in the bank’s system.

When asked by  Often Uket,  the prosecutor, the condition of the system as at the time the documents were printed, Babansule replied, ” the system, both computer and printer were in good condition and working properly”.

After the  documents were tendered to the court and the defendants counsel did not object to any of them, the judge proceeded to Mark them as exhibits.

The defendants counsel, Akin Olujimi, first defendant counsel, Sunday Itodo, second defendant counsel,  Napoleon Idenala, counsel to third defendant, Ocholi Okutepa, counsel to the fourth and sixth defendants and M.E Oru , then all took turns to cross examine the witness.

He was also asked to confirm if those institutions were the ones that could issue original copies of any documents that emanated from them.

He was equally asked if it was the bank that noticed an unusual inflow and outflow of the six defendant’s transactions and reported to the EFCC.

He answered in the negative  and then in the  positive to the above questions.

At the end of the cross-examination by the defendants counsel, Uket attempted to re-examine Babansule in regards to whether or not the bank had the photocopies of the documents he tendered, but his line of question was objected to by Itodo and the objection was sustained by the court.

Justice Charles Agbaza, discharged the witness and adjourned the matter  until Jan. 21, for continuation of trial.

The News Agency of Nigeria ( NAN), reports that the other defendants in the case are:  Hamidu Lawal, Lawal’s younger brother,  Suleiman Abubakar, Monday Apeh, and two companies – Rholavision Engineering Ltd and Josmon Technologies Ltd.

NAN also reports that the defendants were  first arraigned  before Justice Jude Okeke of the FCT High Court, Maitama, Abuja on Feb. 13, 2019,  however the case had to be transferred to Justice Agbaza  following Okeke’s death.

This development led to the re-arraignment of the defendants on Nov. 30,2020,on 10 amended counts charge bordering on fraud, criminal conspiracy diversion of over N544 million and  diversion of over N544m belonging to the Federal Government.

The offences  the  EFCC alleged the defendants committed during the time Lawal  was the SGF and that he allegedly awarded contracts to these companies in which he had interests. (NAN)

Court dissolves 5-year-old marriage for peace to reign

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By Olawale.Akinremi

A customary court sitting at Mapo, Ibadan, on Wednesday dissolved a five-year-old marriage between a businessman, Abiola Azeez and his wife, Ayobami in the interest of peace.

The President of the court, Chief Ademola Odunade, also advised Azeez to file a separate suit in order to claim his property, allegedly taken away by Ayobami.

Azeez, a resident of Muslim-Odinjo area of Ibadan, had approached the court to dissolve the marriage over uncomplimentary behaviour by his ex-wife.

He told the court that in spite all his efforts at making his ex-wife happy, she had incurred heart attacks through her uncomplimentary behaviour.

He said that although the marriage was not blessed with a child, he had no rest of mind because of her problems.

“One night, I caught Ayobami writing a suicide note and how she would poison herself to death.

“I was shocked that Ayobami did this not minding that she never lacked anything under my watch as her husband.

“I made efforts to build a house for her, but she rejected it.

“Instead, Ayobami demanded that I should give her N2 million, which I did, but to my surprise, she squandered the money.

“In fact, I have no rest of mind because of her problems,” he said.

Azeez said when he was away on business trip, Ayobami allegedly stole his plasma TV, a refrigerator, a set of chairs, a generating set and two mattresses.

“I don’t want her to kill me, please separate us,” Azeez begged the court.

Ayobami was, however, not in court to respond to the allegations levelled against her.

The bailiff told the court that he had served hearing notices on the respondent, adding that he was surprised Abayomi was not in court. (NAN)

Plantain thief bags 4 months jail term for stealing

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By Blessing Ibegbu

A Grade 1 Area Court, Karu, Abuja, on Wednesday, sentenced a 29-year old applicant, Emmanuel John, to four months imprisonment for stealing plantain worth N10,700.

The convict, who resides at Nyanya, Abuja, had pleaded guilty to charges of criminal trespass and theft.
John, however, pleaded for leniency.

The judge, Anas Isa, in his judgment, sentenced John to four months imprisonment without an option of fine.

Earlier, the Prosecutor, Ayotunde Adeyanju, had told the court that one Onifade Sadiq of Karu market, Abuja, reported the matter at Karu Police Station on Dec. 12, 2020.

Adeyanju said that the complainant alleged that on said same date, John entered his plantain store, located at the above-mentioned address, and dishonestly stole some plantain, valued at N10,700.

The prosecutor said that during police investigation, John confessed to the crime and that the stolen plantain was recovered from him.

According to him, the offences contravene Sections 348 and 287 of the Penal Code. (NAN)

2 Nigerian lawyers to assist in probing rights abuses in US

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By Chinyere Omeire

The African Bar Association (AFBA) has appointed two Nigerian lawyers as Technical Advisers to the International Commission of Inquiry into alleged systemic racist police violence against people of African descent in the United States.

Spokesman for AFBA, Mr Osa Director, said in a statement that the two appointees – Mr Promise Asikpo and Ms. Faith Onyekperem – would act as Technical Assistants to the AFBA President, Mr Hannibal Uwaifo, who was appointed a commissioner in the commission.

According to the statement, Asikpo will be coming with his wealth of experience in human rights and access to justice, while Onyekperem has vast experience in justice administration, legal secretarial service and compliance law.

The International Commission of Inquiry is scheduled to open its Hearings on Jan. 18, 2021 and close on Feb. 6, 2021.

The commission’s hearings will be virtual due to COVID-19 restrictions and will be broadcast live via zoom.

The 12 Human Rights Commissioners will be divided into six teams which will hear the victims’ lawyers, family members, community representatives and acknowledged experts and upon the conclusion of the inquiry, the commission will transmit its Final Report to the Office of the UN High Commissioner for Human Rights for necessary action.

The International Association of Democratic Lawyers, The National Conference of Black Lawyers and the National Lawyers Guild of the U.S had in June 2020 set up the Internal Commission of Inquiry following the killing of George Floyd in Minnesota, US.

Meanwhile some lawyers have commended the setting up of the commission of inquiry, saying that it would put other nations on their toes to address all forms of human rights violence.

Mrs Chidera Agbom, a lawyer, said the fact that the findings of the commission would be submitted to the office of UNHRC was a step in the right direction.

“This would provide an invaluable information for investigating and addressing human rights violation globally by UNHRC,” Agbom said.

Also, Mr Kingsley Usiagu, a lawyer at CLP law firm, Ikoyi, Lagos, said: “Nigeria will definitely have a lot to learn from the recommendations of the Commission on addressing systemic violence by law enforcement agencies.

“Racism in the United States is analogous to tribalism in Nigeria, a bane that must to be eradicated.” (NAN)

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