September 8, 2024

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Defence/Security

Sexagenarian in court over alleged theft of 4 bottles of wine

By Funmilayo Okunade

A 62-year-old man, Sunday Adesoye, was docked in a Chief Magistrates’ Court in Ado-Ekiti on Wednesday, over alleged stealing of four bottles of Cousins red wine worth N27,000 .

The police charged Adesoye, whose address was not provided with theft.

He, however, pleaded not guilty to the charge.

The prosecutor, Insp. Olasunkanmi Bamikole, told the court that the defendant committed the offence on Aug. 12 at 8 a.m in Ado-Ekiti.

Bamikole said  that the defendant stole the wine bottles belonging to the complainant, Apro Pharmacy and Supermarket Ltd.

Bamikole said the offence contravened the provisions of Section 302(1) (a) of the Criminal Law of Ekiti State, 2021.

He urged the court to adjourn the case to enable him study the file and call his witnesses.

The Defence Counsel, Mrs Adunni Olanipekun, prayed the court to grant her client bail, promising that he would not jump bail.

The Chief Magistrate, Mr Saka Afunso, admitted the defendant to bail in the sum of N20,000 with one surety in like sum.

Afunso adjourned the case until  Sept. 23 for mention.(NAN) (www.nannews.ng)

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Edited by Edith Bolokor/Sadiya Hamza

 

Judiciary

Court sentences 14-yrs-old boy to 6 months in juvenile home

By Zainab Oyekan

A Jos Magistrates’ Court on Friday ordered that a 14-year old boy who stole two grinding machines be kept in a juvenile home for six months.

The Magistrate, Mr Shawomi Bokkos, summarily tried and sentenced the minor after he pleaded guilty to the crime.

The magistrate , however, gave the convict a fine of N20,000.

He urged the minor to change his ways.

Earlier, the Prosecution Counsel, Insp Ibrahim Gokwat told the court that the case was reported on July 1, at the Laranto Police Station by some community leaders.

The prosecutor said that the convict conspired with his friends, now at large and stole the machines worth  N 50,000 .

The prosecutor, however, said that the grinding machines were recovered during police investigations.

The offence, according to him, is punishable under the Plateau Penal Code Law. (NAN)(http://www.nannews.ng)
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edited by Sadiya Hamza

Court symbol
Judiciary

Court declines to stop Fubara from spending Rivers funds

By Taiye Agbaje

A Federal High Court (FHC), Abuja has refused to shut down all expenditures of Gov. Siminalay Fubara of Rivers pending the hearing and determination of the substantive suit field by the Martin Amaewhule-led Rivers Assembly.

Justice Emeka Nwite, in a ruling on the motion ex-parte marked: FHC/ABJ/CS/984/24 and moved by Sebastien Hon, SAN, rather ordered the plaintiffs to put all the defendants in the suit on notice.

Justice Nwite, however, granted another motion ex-parte by the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications in the matter by substituted means.

The judge sai:, “The leave is hereby granted to the plaintiffs/applicants to serve the 5th to 10th defendants/respondents with tne plaintiffs/applicants’ originating and any other process(es) filed or issued in this suit by substituted means to wit:
“By publishing same in the Nation Newspapers.”

Justice Nwite adjourned the matter until Aug. 7 for hearing of the motion on notice.

The News Agency of Nigeria (NAN) reports that the 5th to 10th defendants are Fubara; Accountant-General (A-G) of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge (CJ) of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and Government of Rivers State, respectively.

The Rivers State House of Assembly and Right Honourable Martin Amaewhule (1st and 2nd plaintiffs) had, through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but filed July 15.

They had sued the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as 1st to 4th defendants, respectively.

Also joined in the suit are Fubara, Rivers A-G, RSIEC, Rivers CJ, Chairman of RSIEC and Rivers government as 5th to 10 defendants.

In the motion on notice brought pursuant to Order 28 Rules 1 and 2; Order 27 Rules 5; Order 28 Rule 1(2) of FHC Civil Procedure Rules 2009 and under the inherent jurisdiction of the court, the plaintiffs sought two orders.

They sought an order of Interlocutory Injunction restraining the 1st, 2nd, 3rd and 4th defendants from honouring any request, command, order or mandate or any banking or other instrument, financial instruction or other instructions issued by the 5th defendant.

On his instruction or at his instance or deriving from the 5th defendant’s authority or in any manner, fund or revenue of Rivers State or Rivers State Government in the custody of the said the defendants, or held by the said defendants for the benefit of Rivers State or Rivers State Government or in any.

NAN reports that the two rulings, which were delivered on July 17 in the judge’s chamber, were obtained on Sunday in Abuja by NAN.

The Martin Amaewhule-led Rivers Assembly had, on July 15, suspended all expenditures of Rivers Governor Siminalayi Fubara until he re-presents his budget before the house.

The lawmakers gave the governor a seven-day ultimatum to re-present his budget, which they said had expired.

Rivers House Leader, Major Jack, moved the motion to bring up a resolution alerting the house of the governor’s seven-day deadline for presenting the 2024 budget to the house

Following consideration, the assembly decided to shut down the Rivers State Consolidated Revenue Account, prohibiting any expenditure by Gov. Fubara’s administration.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Foreign

Tinubu congratulates Justice Anukam on re-election to African Court on Human Rights

By Salif Atojoko

President Bola Tinubu has congratulated Justice Stella Anukam on her re-election as judge of the African Court on Human and Peoples’ Rights for another term of six years.
In a statement on Saturday by his spokesman, Chief Ajuri Ngelale, the President said Anukam was re-elected at the African Union Mid-Year Coordination Meeting Executive Council in Accra, Ghana, on Friday.
“President Tinubu commends Justice Anukam for her contributions to the development of human rights jurisprudence on the continent and enjoins her to continue to bring her invaluable knowledge and insights to the African Court.
“The President states that his administration will continue to support the candidature of competent and qualified Nigerians for international positions, noting the country’s strategic importance in the global community.
The News Agency of Nigeria (NAN) reports that Anukam obtained her law degree from Obafemi Awolowo University, Ile-Ife (formerly known as University of Ife), Osun, Nigeria, in 1984, and was called to the Nigerian Bar in August 1985.
She is also a chartered secretary, chartered arbitrator, and seasoned administrator.
Anukam has served as former Director of Special Programmes at the Nigerian Institute of Advanced Legal Studies in Abuja, and as former Director of the International and Comparative Law Department of the Federal Ministry of Justice.
The African Court on Human and Peoples’ Rights is a continental court established by African states to ensure the protection of human and peoples’ rights in Africa.
It complements the functions of the African Commission on Human and Peoples’ Rights.
The court is composed of eleven judges nominated by member states of the AU and elected by the AU Assembly of Heads of State and Government.
Nigeria is a state party to the Protocol establishing the Court, having ratified it in 2004. (NAN) (www.nannews.ng)
Edited by Rabe Mani
General News

Video: AU re-election: Justice Anukam lauds Tinubu, FG support

 

By Callistus Ewelike

Justice Esther Anukam of the African Court on Human Rights has commended the efforts of President Bola Tinubu and Nigerian Government towards he re-election.

 

Anukam said that the support assistance greatly in her re-elction as a Judge of the African Court on Human and Peoples’ Rights for a second term of six years.

 

She was re-elected for the second term on Friday as a Judge of the African Court on Human and Peoples’ Rights.

 

According to her, the efforts of the Federal Government was displayed through the active role of the Ministry of Foreign Affairs and Federal Ministry of Justice.

 

She added that the Nigerian Representative in Addis Ababa also played a role that led to her overwhelming victory in the election.

 

The News Agency of Nigeria (NAN) reports that the election which was held at the 45th Ordinary Session of the Executive Council of African Union on Friday, was on the side-line of the 6th Mid-Year Coordinating Meeting of the African Union holding in Accra.

 

Anukam was first elected as a Judge of the African Court on Human and Peoples’ Rights in 2018, among 11 other Judges.

The News Agency of Nigeria (NAN) reports that the election which was held at the 45th Ordinary Session of the Executive Council of African Union on Friday, was on the side-line of the 6th Mid-Year Coordinating Meeting of the African Union holding in Accra.

 

Anukam was first elected as a Judge of the African Court on Human and Peoples’ Rights in 2018, among 11 other Judges.

Speaking to NAN her election, Anukam said ‘’the African court on Human and Peoples’ Rights is established by the Ouagadougou Protocol in 1998 and was operationalized in 2006.

“It has the mandate to integrate and apply the African Chatter on human and peoples right, including any other Human Rights instruments to which a state party is a signatory.

 

“The court is established to compliment the Boundary Commission, which is the African Commission on human and peoples’ right that has both promotional and protective mandate’.

 

“Access to the court is by state parties that have rectified the protocol establishing the court as well as the African Chatter on human and people’s right.

 

Anukam said the court has delivered landmark judgements since its establishment in 2006.(NAN) (www.nannews.ng)

Edited by Ismail Abdulaziz

Judiciary

Alleged N1.84bn fraud: Court okays arraignment of REA officials

By Taiye Agbaje

A Federal High Court, Abuja, has fixed Sept. 26 for arraignment of another two senior staff of Rural Electrification Agency (REA) by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over alleged N1.84 billion fraud.

The officials, who are being prosecuted separately are Aminat Asuni and Laure Abdullahi.

They were part of the five others already arraigned by the ICPC before sister courts.

Justice Nkeonye Maha fixed the date after ICPC’s counsel, Mrs P.N. Emeka, sought an adjournment to enable the commission serve the defendants with the charges.

When the two matters were called, Emeka informed the court that the defendants were evading arrest.

She, however, applied for an adjournment to enable her effect the service of the processes on Asuni and Abdullahi before the next adjourned date, and Justice Maha fixed Sept. 26 for the defendants to take their plea.

The News Agency of Nigeria (NAN)!reports that the ICPC had filed two separate charges against Asuni and Abdullahi.

In the first charge marked: FHC/ABJ/CR/207/2024, the anti-corruption commission filed four-count charge dated May 8 and filed May 10 against Asuni, while Abdullahi was also preferred with four-count charge numbered: FHC/ABJ/CR/208/2024, and filed same day.

Asuni was alleged to have, sometime in March, 2023 or thereabout while being a public officer in the employment of REA Abuja and with intent to defraud the agency, received the sum of N336 million in different tranches through her Guaranty Trust Bank (GTB) account number: 0022457813 under the false pretence of project supervision.

While, Abdullahi was alleged to have, within the same period and with intent to defraud the agency, received N433 million in different tranches through her GTB account number: 0023343114 under the false pretence of project supervision.

The act was said to have contributed to economic adversity of REA.

The offence is contrary to Section 1(1)(a) and punishable under Section 1(3) of the Advance Fraud and Other Fraud Related Offences Act, 2006, among others.

The two officials were being charged for diverting the N336 million and N433 million belonging to the agency.

NAN reports that the money formed part of the N1.84 billion allegedly misappropriated by seven top officials of REA, including Abubakar Sambo, Director of Finance and Account of the agency.

Other staff members under prosecution are Henrrientta Onomen Okojie, Usman Kwakwa, Emmanuel Pada Titus and Musa Umar Karaye.

They were alleged to have conspired to divert the funds for personal use.

President Bola Tinubu had, on March 7, suspended Mr Ahmad Salihijo Ahmad as Managing Director and Chief Executive Officer of REA indefinitely, alongside three executive directors of the agency.

President Tinubu appointed Mr Abba Abubakar Aliyu as the MD and CEO to replace Ahmad.

The suspension followed an investigation into the financial activities of REA.

According to Ajuri Ngelale, the Special Adviser to the President Media and Publicity, the conduct of the aforementioned officials was probed over misappropriation of N1.2 billion over the past two years, some of which had already been recovered by anti-graft agencies.

However, investigations by ICPC, weeks after Ahmad’s suspension, revealed that he had no link with the allegations.

Against this backdrop, the anti-corruption commission filed different separates charges against Sambo, Okojie, Asuni, Abdullahi, Kwakwa, Pada and Karaye before Justices Emeka Nwite, Bolaji Olajuwon and Maha of the Federal High Court, Abuja.

While Sambo had been arraigned before Justice Olajuwon; Okojie, Kwakwa, Pada and Karaye were arraigned before Justice Nwite; and Asuni and Abdullahi’s matters are before Justice Maha..(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Judiciary

Appeal Court rebukes property developer over sharp practices

By Edith Nwapi
The Court of Appeal in Abuja has slammed an Abuja property developer, Cecil Osakwe, over sharp practices, nullifying an earlier ruling of an FCT High Court in favour of Osakwe.

The Court of Appeal unanimously upturned a previous judgment of Justice Othman Musa of the FCT High Court which directed Osakwe, the Chief Executive Officer of Abeh Signatures Ltd. to refund N150 million to an investor, Ms Asabe Waziri.

The appellate court also slammed a fine of N500,000 against Osakwe.

The fine is to be paid to Waziri, a staff of the Nigerian National Petroleum Corp. Ltd (NNPCL), who reportedly bought a luxury apartment from Osakwe.

The three-man appellate court, headed by Justice Hamma Barka, vacated the high court’s ruling, describing the judgment as devoid of credible evidence and constituting a miscarriage of justice.

The News Agency of Nigeria (NAN) recalls that the FCT High Court had on Feb. 17, 2022, delivered a judgment, ordering Waziri to vacate the two-bedroom property she bought from Osakwe.

The property is located in Maitama, an up-market district of the FCT.

However, dissatisfied with the high court judgment, Waziri, through her lawyer, Mr Henry Eni-Otu, appealed the ruling.

Osakwe had in 2022 approached the lower court, asking for contract revocation in the sale of two luxury apartments, citing what he described as the mode of payment of N150 million by Waziri, the buyer.

The controversial developer had claimed that Waziri’s mode of payment in the transaction contravened the provisions of the Money Laundering Act.

He also claimed that the buyer made a cash payment of $40,000.00 and bank transfers worth $100,000.00 through a bureau de change.

The developer also alleged that Waziri presented herself as a businesswoman, whereas she is a civil servant working with the NNPCL.

Subsequently, Osakwe offered to pay back the money earlier paid to him for the apartments in his bid to recover the apartments earlier sold to Waziri.

But Waziri had denied the claims made by Osakwe, saying that she only paid $5,000 from the N130 million agreed on the transaction and that Osakwe requested that he needed dollars.

She also presented evidence of all the transfers made to the property developer’s accounts.

Delivering judgment in the appeal, marked CA/ABJ/CV/246/2022, the three-man appellate court held that the judgment of the lower court was not supported by credible evidence.

The appellate court held that the trial court judge veered off the track in his reasoning and occasioned a miscarriage of justice.

“It is trite law that a party seeking declarative reliefs must establish his entitlement to such reliefs, based on the strength of the case and is not entitled to rely on the weakness of the case of the respondents, unless such weakness aids his case.

“The facts forming the respondent’s case before the lower court were contained in the affidavit in support of the originating summons.

“The appellant as defendant filed a counter-affidavit and therein sought to clarify all the material allegations made by the respondent in his affidavit in support to the originating summons.

“In particular with respect to the allegations of cash payments of $40,000 was part of the cost of building, thus offending the provisions of the Money Laundering (Prohibition) Act.

According to the justices, the defendant vehemently denied the averment, posting further that the only money she paid in dollars was $5,000 in cash made to the alter ego of the respondent on request.

“Surprisingly, on all the exhibits attached to the affidavit in support of the originating summons, none mentioned the fact of payment of $40,000 in cash in satisfaction of the sale agreement.’’

They argued further that in the same vein, the allegation of the identity of the appellant which the respondent relied upon as a ground to vitiate the concluded transaction was not substantiated with the appellant having joined issues on those facts.

“It behoves the respondents to lay facts of proof in support of those allegations.

“The respondent, apart from mere allegations made, failed to sustain it by producing tangible evidence to back up the assertion.

“On the contrary, the appellant not only controverted the allegations but went further to supply evidence through e-mail exchanges, details of accounts and evidence of payment to debunk allegations pertaining to her identity.

“It is clear that the respondent, having benefited more from the transaction, seeks to vitiate the contract possibly to further benefit from it.

“I agree with the appellant’s counsel that the appeal is destined for success and should be allowed.

“Hence, having resolved all issues in favor of the appellant, this appeal succeeds and is hereby allowed.

“The judgment of the High Court of the Federal Capital Territory, Abuja in suit No: CV/2435/2021, delivered on February 17, 2022, is hereby set aside and all actions taken consequent to the said judgment also stand vacated.

“The appellant is entitled to costs assessed at N500,000 Appeal is allowed,” the Court of Appeal justices held.

On Feb. 17, 2022, Justice Othman Musa of the FCT High Court in his judgment, ordered that the Maitama properties be reverted to Osakwe.

He also ordered Osakwe to pay back the sum of N150 million, being money deposited by Waziri for the apartments.

Musa ruled that: “In view of the way and manner or mode of payment employed by the defendant in the purchase of the two flats at Abeh Court, belonging to the claimant, same as rendered the contract for the purchase of the properties void for violating money laundering laws. (NAN) (www.nannews.ng )

NEO/SH
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edited by Sadiya Hamza

Court symbol
Judiciary

Court sentences defendants to 2 yrs imprisonment for importing illegal firearms

By Sandra Umeh

Justice Ambrose Allagoa of the Federal High Court Lagos, on Wednesday, sentenced two persons, Moses Ifeuwa and Festus Emeka, to two years imprisonment each, for illegal importation of firearms.

The two men were charged alongside a company Great James Oil and Gas Ltd. on eight counts bordering on conspiracy, illegal importation of firearms, forgery and altering of customs import documents.

They were first arraigned in 2018 before Justice Saliu Saidu.
The trial commenced, but along the line, Saidu retired from the bench, and the case was reassigned to Justice Ambrose Allagoa.

Consequently, the two men were arraigned in 2021 before Allagoa on eight counts bordering on illegal importation of firearms.
They pleaded not guilty to the charge.

The prosecution then opened its case and began trial, but the defendants afterwards opted for a plea bargain and consequently pleaded guilty.

The court, thus, convicted them and adjourned the case for sentencing.

On Wednesday, Mrs Aderonke Imana, announced appearance for prosecution, while Mr Israel Ifeanyi appeared for the first defendant.

Mr Yakubu Galadima appeared for the second defendant.

Before their sentencing, counsel to Ifeuwa, informed the court that the two men had been in custody for about three years before their bail.

The counsel prayed the court to take the fact into consideration.

Delivering judgment, the court gave effect to the plea bargain agreement reached between the prosecution and the defence.

The judge held that in such situation, the court would take into consideration the provisions of the Administration of Criminal Justice Act, and should not impose the maximum sentence on the defendants, or impose consecutive sentence.

The judge consequently held: “The defendants are sentenced to two years imprisonment or an option of N1 million fine on each of the counts.

“The sentence shall run concurrently.”

This means that the convicts are to either spend two years in prison or pay the sum of N 1 million on each of the eight counts, making it N8 million.

According to the charge, the defendants were alleged to have conspired among themselves to unlawfully import a total of 1,570 pump action rifles into Nigeria.

They were also alleged to have loaded the said rifles in two 1× 20 feet containers and forged a bill of lading.

The offence contravenes the provisions of Section 1(14)(a), 1(14)(a)(i), 1(2)(c) and 3(6), of the Miscellaneous Offences Act Cap. M17, Law of the Federation 2004. (NAN)(www.nannews.ng)

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Edited by Chinyere Joel-Nwokeoma

Judiciary

Court strikes out N1bn suit against Malami, 3 others

By Joy Kaka
A FCT High Court sitting in Kubwa has struck out the N1 billion suit brought against a former Minister of Justice and Attorney-General of the Federation, Abubakar Malami, while he was in office.

Also sued was a civil servant, Ms Asabe Waziri and two others – the office of the former minister and the Federal Ministry of Justice.

The suit was brought against the former minister in his personal capacity along with Waziri and the two others by an Abuja-based property developer, Mr Cecil Osakwe.

But, Justice Oluyemisi Adelaja, on Thursday struck out the matter, citing lack of diligent prosecution by Osakwe.

“The claimant is the one who filed the action and is required to be seen diligently prosecuting same but they are not in court and there is no reason for their absence before the court.

“They have, therefore, been absent without reason and consequent upon Order 32 Rule 4, this case is ordered struck out for want of diligent prosecution,’’ Adelaja ordered.

It would be recalled that in June 2022, the Federal Government had filed a two-count charge with suit number: FCT/HC/CR/244/2022, against Osakwe for advance fee fraud to the tune of N130 million.

The suit also alleged criminal intimidation of Waziri, a staff of the Nigerian National Petroleum Corporation, saying that Osakwe had threatened Waziri with injury to her person and reputation with intent to cause her harm and even death.

Waziri was said to have purchased a two-bed property from Osakwe to the tune of N130 million at Maitama, an up-market district of the FCT.

Following the two-count charge against Osakwe, he proceeded to file a lawsuit against the erstwhile attorney-general of the federation and minister of justice.

Others joined in the suit included the Federal Ministry of Justice and Waziri.

Through his Counsel, Mr Victor Giwa, Osakwe sought reliefs, including an order directing Malami to pay the sum of one billion naira to him as punitive damage.

The developer also sought an order directing the defendants to pay jointly and severally, the sum of one hundred million naira to him as general damages. (NAN)(www.nannews.ng)
edited by Sadiya Hamza

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