Court - NEWS AGENCY OF NIGERIA

Ismail Abdulaziz
Jan, Thu, 2025

Land commissioner defends state in court

154 total views today

By Rita Iliya

The Niger Commissioner for Land and Survey, Mr Maurice Magaji, on Wednesday appeared in Minna High Court 2 to defend the state government in a land case.

He disclosed this in an interview with newsmen shortly after his appearance in the court.

The News Agency of Nigeria (NAN) reports that the case involved the state government’s interest in acquiring land around Gurara community.

The News Agency of Nigeria (NAN) reports that the land is situated at the Gurara waterfall, which is to be developed into a world-class resort.

“There are many cases on our table, and my active participation will help expedite the resolution process.

“As a lawyer, I will continue to appear in court when necessary, defending the government and ensuring that we meet the expectations of our people.”

The case was filed by eight plaintiffs from Gurara community in Nov. 2024 against the state governor and commissioner as the first and second defendants.

Magaji added that his presence in court was necessitated by the paucity of lawyers handling cases for the ministry and also to encourage the counsels to put in their best.

“Today, I appeared in court to advocate for the state on this matter of land acquisition.

“My appearance is not just because of the limited number of lawyers we have but also to boost the morale of our legal team and ensure that cases are handled with the utmost commitment,” he said.

The commissioner emphasised that his decision to personally appear in court was aimed at strengthening the ministry’s defense in critical land matters.

Magaji further stated that this proactive step would occasionally involve him directly participating in court proceedings as it involves the ministry.

He noted that his role as commissioner goes beyond administrative duties such as treating files, adding that he intended to actively defend the state’s interests in court.

Magaji further noted that the ministry was grappling with numerous unresolved legal cases, some of which have dragged on for years.

According to him, this is about being proactive and ensuring that we do not allow cases to linger indefinitely.”(NAN)

Edited by Ismail Abdulaziz

Ismail Abdulaziz
Dec, Mon, 2024

Judiciary

Alleged terrorism financing: Court gives EFCC go-ahead to freeze 24 bank accounts

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By Taiye Agbaje

A Federal High Court in Abuja has okayed the Economic and Financial Crimes Commission (EFCC)’s application to freeze 24 bank accounts domiciled in different banks over allegations bordering on terrorism financing.

Justice Emeka Nwite, who granted the application after the EFCC’s lawyer, Martha Babatunde, moved an ex-parte motion to the effect, said the commission should freeze the accounts for 90 days pending the conclusion of investigation.

The News Agency of Nigeria (NAN) reports that the motion ex-parte, marked: FHC/ABJ/CS/1897/V/2024, was filed by Ekele Iheanacho, SAN.

Iheanacho sought an order freezing the bank accounts stated in the schedule which accounts are owned by Lawrence Eromosele who is currently being investigated in a case involving kidnapping pending the conclusion of the investigation.

He said the bank accounts in respect of which the reliefs were sought are subject matters of investigation by the EFCC in relation to money laundering and terrorism financing.

The senior lawyer said the preliminary investigation conducted revealed that the bank accounts are linked to persons who take advantage of the virtual crypto currency exchange platforms to manipulate the value of Naira and laundering proceeds of unlawful activities.

He said there was need to preserve the funds in the identified bank accounts pending the conclusion of investigation and possible prosecution.

In the affidavit deposed to by Mohammed Khalil, an investigator attached to the Special Investigation Team of the EFCC domiciled in the Office of the National Security Adviser (ONSA), he said he was a member of the team assigned to investigate the matter.

He said the National Security Adviser (NSA), Nuhu Ribadu, directed the team to investigate a serious threat by a syndicate threatening the lives of senior operatives of the ONSA by making demands for payments of ransom.

He said on receipt of the directive, the team began investigation by conducting surveillance of the activities on these syndicates, requesting bank instruments.

Khalil said investigation revealed Eromosele as one of the perpetrators of the crime.

According to him, the operatives received a direct threat involving their families, with the perpetrators providing the homes addresses, family locations and specific movements with a threat to kidnap following failure to remit redemption payments.

He alleged that “one unknown individual contacted an operative, demanding some monies in exchange for their freedom and that of their families.”

“Attached and marked as Exhibit EFCC 1 is the printout of the chat between one of the perpetrators and the operative.”

The officer said in a bid to mitigate some of the threats, the team had identified bank accounts linked to the individuals making the threats.

“Attached and marked as Exhibit EFCC 2 are the bank statements of one of the suspects.

“Further intelligence has revealed that proceeds of crimes and funds for terrorist activities are covertly exchanged through these platforms,” he said.

Khalil said the order of the court was necessary to freeze the said accounts clearly described in schedule 1 to the motion paper for which investigation is ongoing.

Upon resumed hearing, Babatunde, who appeared for EFCC, informed the court that the motion was dated and filed on Dec. 17.

She said that the motion prayed for an order freezing the bank accounts in the schedule attached to the application.

The lawyer urged the court to grant the relief.

When Justice Nwite asked her for how long the investigation would be conducted, Babatunde said within 90 days.

The judge, who granted the prayer, adjourned the matter until March 24, 2025 for mention.(NAN)(www.nannews.ng)

edited by Sadiya Hamza

Ismail Abdulaziz
Nov, Thu, 2024

Judiciary

Electronic recording of confessions mandatory, says ex-judge

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By Ebere Agozie

A former judge of the Kogi High Court, Justice Alaba Omolaye-Ajileye, has said that electronic recording of confessional statement of suspect during criminal investigation in an audio-visual format is a mandatory obligation.

Omolaye-Ajileye made this known during the 2024 edition of the 6th Annual Criminal Law Review Conference (ACLRC) organised by the Rule of Law Development Foundation (RLDF) on Wednesday in Abuja.

He noted that such recordings would reduce the number of trial-within-trial and also reduce the duration of cases in courts.

“Confessional statements are crucial components of criminal trials. The confessional statement of a defendant if voluntarily made and is of great evidential value in the dispensation of criminal justice.

“It is regarded as the best evidence in a criminal trial which can ease the stress of trials within trial. If you have recorded evidence and a legal practitioner is there present, then that statements should be legally admitted.”

He added that there is no need for studio establishment as most people have smart phones and can take evidenced record of the confessional statements.

Also speaking, DCP Simon Lough, SAN, Head of Nigeria Police Force Legal chamber, said Section 15 and 17 of the administration of criminal justice act ensures that evidence of confessional statements recorded are admitted without the need for trial within trial.

“Therefore, to reduce the long-term stress of trial within trials confessional evidence statement will make things easier.

“It is highly commendable and supported for every state to adopt it so as to ensure that justice is served.”

He urged the senior judicial officers to ensure that the provision of section 15 and section 17 are complied with.

The News Agency of Nigeria (NAN) reports that in most court cases, once an accused raises an objection that a statement is taken forcefully, a trial within trial must be conducted.

NAN reports that the Supreme Court in a landmark ruling on Sept. 24, established that law enforcement agencies must electronically record a suspect’s confessional statement in an audio-visual format during criminal investigations.

The case of Federal Republic of Nigeria (F.R.N.) v. Akaeze [2024] 12 NWLR (Pt. 1951) 1 has underscored the mandatory nature of this requirement, in accordance with sections 15(4) and 17(1) & (2) of the Administration of Criminal Justice Act 2015 (ACJA).

This decision leaves no room for discretion—failure to comply renders the confessional statement inadmissible in court.(NAN) (www.nannews.ng)

edited by Sadiya Hamza

isaac aregbesola
Oct, Thu, 2024

Judiciary

Court refuses husband’s divorce request

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By Mujidat Oyewole

An Area Court at Centre-Igboro in Ilorin has given both parties in a divorce suit one week to try and achieve a settlement.

The husband, Oloruntoyin Yahaya, had asked to divorce Alimat Yahaya over what he alleged to be her involvement in the usage of charms that could lead to his death.

Yahaya told the court that his wife was fond of visiting different places to get “wicked traditional medicine” that could control and harm him, saying he wanted a divorce.

“I don’t have interest in her anymore, because I don’t trust her again,” he added.

The wife denied the allegation of visiting people to secure charm, saying she did not know anywhere of such and had never taken charm to her matrimonial home.

Alimat, however, told the court that she was still interested in the marriage and had tried to plead with Yahaya and even sent her family members to plead on her behalf.

The presiding judge, Hammad Ajumonbi, while ruling said a man has the right to divorce at any time, and without explanation.

He, however, pointed out that the court also has the right to deem it fit to give room for resolution.

“If the wife is really interested in the marriage, she needs to be of good conduct, be loyal to her husband and know how to persuade him,” the judge said.

The court, after giving the wife one week to make amendment, adjourned the case until Oct. 23 for a report of the expected settlement.(NAN)(www.nannews.ng)

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(Edited by Benson Iziama and Olawale Alabi)