Flowerbud News

Category: Judiciary

  • N30bn Demolishing Compensation: Kano Govt says garnishee fraudulent

    N30bn Demolishing Compensation: Kano Govt says garnishee fraudulent

    By Aminu Garko

    The Kano State Government says the garnishing order freezing its accounts obtained by some victims of its demolitions from an Abuja High Court is fraudulent.
    The government also assured on Wednesday in Kano that it was still operating its various accounts to administer the state.
    This is according to the state Attorney General and Commissioner for Justice, Mr Haruna Isa-Dederi.
    Isa-Dederi confirmed to newsmen that there was no way Court of same jurisdictions could even sit on a case it has decided on and which was since appealed against.
    He said it was on notice that the Kano state government had filed an appeal against the N30 billion punitive and compensation judgment handed down by Justice Simon Amobeda of the Federal High Court in Kano.
    The judgment was in favour of the Incorporated Trustees of Masallacin Eid Shop Owners and Traders on behalf of the victims.
    Isa-Dederi therefore wondered how can same Court of the same jurisdiction would give a judgment in Kano.
    According to him, the judgment ”was even done out of jurisdiction of the court”, which was also appealed against, querying how a similar court could issue another order on the same matter.
    Isa-Dederi explained that the Kano state government had filed an Appeal because the Federal High Court lacked jurisdiction to hear the case, saying it revolved around ownership of the property in the first place and all records of proceeding were transmitted to the Appeal Court.
    The state chief law officer said even before the appeal, the government had filed a motion seeking a stay of execution pending the appeal, asking  ”so how can same court even sit on same case”.
    Besides, he confirmed that the record of the Federal High Court proceedings had already been transmitted to the Court of Appeal.
    The attorney general also disclosed that the Court of Appeal had already scheduled the hearing of the motion on stay of execution for Dec. 4.
    He stressed that it would be futile for the Federal High Court to make any orders on the issue, as the case is pending before the Appeal Court and it would be akin to a court sitting in appeal on its own judgment.
    Isa-Dederi reiterated that the Kano state government’s actions were supported by the provisions of the Land Use Act, which empowered the government to grant and revoke land allocations.
    He emphasised that the demolition of the properties was executed in overriding public interest.
    NAN
  • Shiites petition NHRC, seek prosecution of army officers responsible in mistake airstrike in Kaduna village

    Shiites petition NHRC, seek prosecution of army officers responsible in mistake airstrike in Kaduna village

    Abuja:  Members of the Islamic Movement in Nigeria (IMN), also knowns as the Shi’ites, on Monday, staged a peaceful protest at the National Human Rights Commission (NHRC) with a petition, seeking the investigation and prosecution of army officers responsible for the recent killing of scores of people at Tudun Biri Village in Kaduna State.

    The protest, which started from the traffic before the Public Complain Commission (PCC), terminated at NHRC where the petition was delivered.

    They called on the executive secretary of NHRC to pressurise the Federal Government to immediately investigate and prosecute the culprits, saying the claim by the Nigerian Army that the incident was a mistake is unacceptable as this is not the first of it kind.

    Also in a statement issued shortly after the protest by Sheikh Sidi Munir Mainasara Sokoto, on behalf of the IMN under the leadership of His Eminence Sheikh Ibraheem El-Zakzaky (H), condemned the act.

    It reads: “Numerous national dailies report that the Nigerian Army has taken responsibility for the Tudun Biri massacre that left hundreds of innocent Citizens killed at Tudun Biri village in Kaduna State.

    “The army said the attack was a mistake. It is in record that this type of massacre, referred to as a mistake, took place several times in this decade alone, especially in the north-east and northwest.

    “To refer to this atrocity as a mistake is unacceptable. The Nigerian Army should be held responsible for this massacre.

    “Nigerian security forces have repeatedly killed civilians in settlements, camps, villages, and cities. In 2014, a Nigerian military aircraft dropped a bomb on Daglun village in Borno State, killing 20 civilians.

    “In 2015, more than 1,000 disciples of Sheikh Ibraheem El-Zakzaky were massacred in Zaria by the Nigerian Army. In 2017, 76 people were killed by the Nigerian Air Force strike on a refugee camp in Rann Camp in Borno State. In 2022, 64 people were reportedly killed by the Nigerian military’s airstrike in Mutumji Community, Maru Local Government Area of Zamfara State.

    “These are unacceptable and condemnable atrocities, and a deafening silence on these atrocities will result in the reoccurrence of another massacre.

    “In view of the foregoing, the Islamic movement, under the leadership of Sheikh Ibraheem El-Zakzaky (H) demanded The perpetrators of this massacre should with immediate effect be identified and prosecuted for committing this great crime against humanity.” (Flowerbudnews)

  • Abuja Catholic Archbishop tasks judges to deliver justice with fear of God

    Abuja Catholic Archbishop tasks judges to deliver justice with fear of God

     

    Abuja: Archbishop of the Catholic Diocese of Abuja, Ignatius Kaigama, on Monday, urged judges in the country to always deliver justice with the fear of God.

    Kaigama gave the advice while delivering his message at the Federal High Court (FHC)’s 50th Anniversary Thanksgiving Service at the Holy Trinity Catholic Church, Maitama, Abuja.

    Kaigama, who was represented by Rev. Father Christopher Nnubia, the Judicial Vicar of Catholic Church in Abuja, urged the judges to be committed to discharging justice in the face of challenges.

    The News Agency of Nigeria (NAN) reports that the Chief Judge of FHC, Justice John Tsoho, read the first Bible reading from the book of Isaiah 35:1 to 10.

    (The Chief Judge of Federal High Court, Justice John Tsoho and other brother judges at the Special Thanksgiving Service at the Holy Trinity Catholic Church, Maitama, Abuja on Monday.)

    Kaigama said it was their responsibility to give hope to the hopeless and strengthen the weak in the society.

    “It is your responsibility to make firm the feeble knees.

    “And as you do that, you need to do that with the fear of God knowing that at the end of the world, we will give account to the divine judge where we will render account of what we have done.

    “What will you do that day? Will you say you have rendered justuce in the way it should be irrespective of religions you find yourself?

    “We will answer before God. So, whatever you are doing, always remember God; always remember the last day when you will render account,” he said.

    He enjoined the judges, who were Catholic Church members, to be good ambassadors of the church.

    (Archbishop of the Catholic Diocese of Abuja, Ignatius Kaigama, represented by Rev. Father Christopher Nnubia, the Judicial Vicar of Catholic Church in Abuja, with the Chief Judge of Federal High Court, Justice John Tsoho and other brother judges at the Special Thanksgiving Service at the Holy Trinity Catholic Church, Maitama, Abuja on Monday.)

    “As we celebrate this 50th anniversary, I pray that the good lord will bless everyone of you and strengthen you to carry out your duty,” he said.
    Gov. Hyacinth Alia of Benue, while speaking to the newsmen, urged the judges to keep looking up to God.
    “God called Solomon and filled him with his wisdom to govern his people and to let people know who God is and the way he had ministered.
    “It is the same thing with them (judges). God called them specifically to ensure that the system works, the system flows.

    “Our prayer should be to them that they too can do the right thing, and they have been trying looking at the antecedent of the court
    “So they have been putting the very best and may God continue to work ahead of them, protect them and above all, grant them with his wisdom so that they will always do the right thing for the citizenry to the glory of God,” he said.

    Earlier, Justice Tsoho thanked everyone for finding time to attend the service.
    The News Agency of Nigeria (NAN) reports that the activities to commemorate the 50 years anniversary of FHC began today, Dec. 11.
    Earlier, rhe Chief Registrar of FHC, Sulaiman Amida-Hassan, in the programme released in Abuja, disclosed that the activities would commence with devotional worships at the Holy Trinity Catholic Church and the National Mosque both in Abuja at 9:30am.


    According to him, there will be a Special Legal Year Court Session at Ukeje Hall, FHC, Abuja also on Dec. 11 by 1:00pm.
    He said a novelty football match between selected FHC judges and members of the Nigerian Bar Association (NBA) would be organised on Dec. 12 at 9:30am.

    This, he said, would be followed by a presentation of publications of FHC by the Hon. Chief Judge, Hon. Justice John T. Tsoho at Ukeje Hall by 10:00am.
    Amida-Hassan said that on Dec. 13, judges’ annual conference anniversary lectures would be opened at 9:30am and end by 12noon.
    “Thursday, Dec. 14, 2023, judges’annual conference continues at 10am to 2:30pm.
    “On Dec. 14 also, there will be Gala/Cultural Night (Dress Code: Native/National Attire) at the Ballroom 232, Mohammadu Buhari Way, Central Business District, Abuja, FCT at 5:00pm.
    “On Friday, Dec. 15, 2023, there will be an health talk for honourable judges, Hon. Chief Judge’s Merit Awards Ceremony and closure of judges’ annual conference at National Stadium, Abuja by 4:00pm,” he said.

    He said the Chief Justice of Nigeria, Justice Olukayode Ariwoola, would chair the occasion.
    The FHC, which was established in 1973, was formerly known as Federal Revenue Court.
    It was established by the Federal Revenue Act 1973 (1973 No.13) and began with four judges with a president as its head.

    The court was, however, renamed the “Federal High Court” by Section 228 (1) and 230 (2) of the Constitution of the Federal Republic of Nigeria, 1979.

    While Honourable Justice S.O. Lambo was the first president of the then Federal Revenue Court and served between 1973 and 1975, Justice John Tsoho is the 10th and current Chief Judge of FHC.

    The court, which had grown structurally over the years, presently has 38 divisions in all the states of the federation, including Abuja, where its headquarters is located, with 95 judges.(NAN)(www.nannews.ng) /Flowerbudnews

  • EFCC Arraigns Kano Couple for N410million Fraud

    EFCC Arraigns Kano Couple for N410million Fraud

     

     

    By Biola Lawal

    Kano (Flowerbudnews): The Economic and Financial Crimes Commission, EFCC,  has arraigned Aisha Salihu Malkohi (a.k.a Ummitah, Arab Money) and her husband, Abubakar Abubakar Sadiq Mahmoud( at large) on five- count charges of misappropriation to the tune of NN410,518,000 (Four Hundred and Ten Million, Five Hundred and Eighteen Thousand Naira only).

    They were arraigned on Friday, December 8, 2023 before Justice Aisha Mahmud of the Kano State High Court sitting in Kano, Dele Oyewale, EFCC Spokesperson disclosed in a statement.

    One of the charge reads ‘’’that you Aisha Salihu Malkohi and Abubakar Sadiq Mahmoud (now at large) on or about 2022 in Kano, Kano state within the jurisdiction of this honourable court, did obtain the sum of Two Hundred and Twenty-Five Million, Two Hundred and Fifty Nine Thousand Naira only (225,259,000) belonging to Farida Ibrahim between 6th January to 16th December, 2022 into account bearing Abubakar Sadiq Mahmoud domiciled at Zenith Bank that the said money were paid to you for the purchase and supply of 64 cars, from Saudi Arabia facts which you knew to be false and thereby committed an offence contrary to Section 1 (a)&(b) and punishable under Section 1 (3) of the Advance Fee Fraud and other Fraud Related offences Act,2006’’

    The defendant pleaded not guilty to all the five counts when they were read to her.

    In view of her plea, EFCC counsel, Zarami Mohammed prayed the court for a trial date.  Defence counsel, G.I Abubakar moved a bail application for his client which was opposed by Mohammed.  Justice Mahmud thereafter adjourned the matter till December 15, 2023 for ruling on the bail application. She also remanded the defendant in EFCC custody pending ruling on her bail application.

    Malkohi was arrested by investigators of the EFCC in Kano following a petition from two petitioners, Farida Ibrahim and Ibrahim Mohammed Abdulrahman alleging that she conspired with her husband and defrauded them of their hard earned monies under the guise of supplying them with cars, gold, electronics and kitchen utensils from Saudi Arabia.

    Upon the receipt of the petition, the Commission swung into actions and conducted thorough investigation which so far  revealed that the defendant had collected a total sum of N410,518,000 (Four Hundred and Ten Million, Five Hundred and Eighteen Thousand Naira only) through bank accounts belonging to her company, Golden Grass Hill International Ltd and her husband’s Zenith Bank account. Further investigation also revealed that the defendant, alongside her husband,  who is still at large, diverted the monies into several bank accounts. (Flowerbudnews)

  • Alleged unpaid salaries, entitlements: Ex-worker files N492m suit against Nicon Insurance

    Alleged unpaid salaries, entitlements: Ex-worker files N492m suit against Nicon Insurance

     

     

    Abuja:  Mr Sunday Akintunde, former Assistant General Manager (AGM), Technical of NICON Insurance Company Limited, has filed a N492 million suit against the company over allegations bordering on backlog of unpaid salaries and other entitlements.

    Akintunde, in an amended suit marked: NICN/ABJ/264/2023 filed at the National Industrial Court, Abuja, prayed the court to declare that his former employer was in breach of the terms of the contract of employment with him.

    The former staff, who said he had discharged his duties effectively and consistently from the time of his employment till the date of his disengagement on July 13, 2022, averred that his employment termination was unlawful and without any justifiable basis.

    The News Agency of Nigeria (NAN) reports that while Akintunde is the claimant, NICON Insurance Company Limited is the sole defendant in the suit filed by his lawyer, Mr. Noah Ajare.
    Akintunde, in a statement of claim, alleged that the insurance company did not pay his six months backlog of salaries before the unlawful termination of his employment.
    He also said that the firm was still holding among other things; his terminal benefit, the unremitted pension deducted from his salary for several months, and the mandatory employers contribution to his Pension Fund Account (PFA) for the period of over four years he worked with them.

    The claimant said though he was not denying his obligation to pay back the N3, 099,401.88 net debt owed his former employer which NICON Insurance paid on his behalf while he was in its service, he said the organisation too should do a proper accounting of his entitlements and make provisions for all the financial benefits due to him.
    He said he was ready to schedule the payment of the net balance if any because he neither usurp on anyone’s right nor take over another person’s property.

    He alleged that as soon as his employment was terminated, he was asked to return the N3, 099,401.88 or return his KIA Optima vehicle which NICON Insurance accused him of fraudulently absconded with.

    “Not long after that, he received a memo from the Admin Officer and later from the ED Finance and Admin that he should surrender the vehicle documents because it has become NICON Insurance Company’s property,” he said.
    The claimant, who averred that the vehicle particulars and change of ownership documents indicated that he was the true owner, insisted he had been using the KIA Optima car before joining the company.
    Akintunde alleged that the company had resulted to using the police to threaten and harass him through continuous invitation.

    He, therefore, sought an order directing the insurance firm to pay him the sum of N200 million, “being special damages for character assassination, thereby hurting the claimant’s status as a preacher, a church leader and a man of principle holding responsible positions in the corporate settings and the society.”

    He also sought an order directing the company to pay him N200 million in damages for alleged wrongly termination of employment and for falsely accusing him “of stealing and converting the defendant’s car as his personal car,” among other reliefs amounting to N492 million.

    The suit, which was assigned to Justice R.B. Haastrup, had been fixed for Dec. 18 for hearing.(NAN)(www.nsnnews.ng) / Flowerbudnews

  • Appeal Court fines Gov. Makinde, others N50m for withholding ex-council chiefs’ funds

    Appeal Court fines Gov. Makinde, others N50m for withholding ex-council chiefs’ funds

     

    Abuja:  The Court of Appeal in Abuja, on Friday awarded N50 million in damages against Gov..Seyi Makinde of Oyo State, and six others for failure to pay the outstanding balance of N3,374,889,425.60 (N3.4 billion) from the N4,874,889,425.60 (N4.9 billion) debt, arising from a May 7, 2021 judgment of the Supreme Court.

    A three-member panel of justices, in a unanimous judgment, condemned Makinde’s conduct, which it described as disrespectful of the nation’s judicial system.

    The court affirmed the April 27 decision of the High Court of the Federal Capital Territory (FCT) ordering the state governor to paid the outstanding balance.

    The News Agency of Nigeria (NAN) reports that the N4.9 billion debt arose from the judgment of the Supreme Court given against Makinde, the state’s Attorney-General (A-G), Accountant-General and four others in an appeal by chairmen and councillors elected on the platform of the All Progressives Congress (APC), but sacked on May 29, 2019, by Makinde, upon assuming office.

    In the judgment, the appellate court upheld the arguments by the lawyer to the ex-council chiefs, Musibau Adetunbi, SAN, resolved the two issues, identified for determination, against the appellants and dismissed the appeal filed by Makinde and six others for lacking in merit.

    The court awarded N50 million cost against Makinde and co-appellants, to be paid to the ex-council chiefs led by Bashorun Mojeed Bosun Ajuwon.

    The judgment was on the appeal marked: CA/595/2023 filed by Makinde, the Oyo State’s A-G, the Commissioner for Local Government and Chieftaincy Affairs, Accountant-General of Oyo State, Speaker of Oyo State House of Assembly, the House of Assembly and Oyo State Independent Electoral Commission (OYSIEC).
    In the lead judgment, Justice Danlami Senchi held that, as against the contention by the appellants, there was no dispute in relation to the amount that constituted the judgment debt.
    The judge referred to a letter written on Dec. 13, 2021, by the A-G of Oyo State, where the state put the salaries and allowances due to the ex-council chiefs at N4,874,889,425.60 and pledged to pay everything within six months.

    He said the court could not allow Oyo State Government and its officials to approbate and reprobate; blow hot and cold at the same time by claiming the amount constituting the debt was not ascertained despite the letter by the A-G and the fact that the appellants took steps to settle the debt by making part payment.

    Justice Senchi also faulted the appellants’ contention that the ex-council chiefs failed to first obtain the consent of the Oyo State A-G before initiating a garnishee proceeding to seize the state’s funds to settle the judgment debt.

    The judge said asking the ex-council chiefs to first seek and obtain the consent of the Oyo A-G, who was one of the judgment debtors, amounted to making him to be a judge in his own case, “which requirement is unfair to the judgment creditors.”

    “The ex-council chiefs were in order to have initiated the garnishee proceeding, because there was a judgment debt to be paid by the appellants by virtue of the judgment of the Supreme Court,” he said.

    The Supreme Court had, in its May 7, 2021 judgment, declared the action of the ex-council chiefs, who sued through 11 representatives, led by Bashorun Majeed Ajuwon, as lawful and ordered the Oyo State Government to compute and pay them their entitled salaries and allowances within three months of the judgment.

    Rather than comply with the judgment, the Oyo State Government paid only N1.5 billion, prompting the judgment creditors (the ex-council chiefs) to initiate a garnishee proceeding against Makinde and others before the High Court of the FCT.

    In the April 27 ruling, Justice A. O. Ebong of the High Court of the FCT issued a garnishee order absolute, directing Makinde and others to pay the balance of the judgment debt on instalment basis, begining with N1,374,889,425.60 to be paid immediately.

    Justice Ebong ordered them to subsequently pay the remaining N2b billion at N500 million quarterly, with the first instalment payable on July 31, a decision Makinde and others challenged at the Court of Appeal.

    NAN reports that it was the April 27 ruling by Justice Ebong that the Court of Appeal affirmed in the judgment delivered on Friday.(NAN)(www.nannews.ng) / Flowerbudnews

  • NJC sacks Osun judge, rejects Adeleke’s request to suspend CJ

    NJC sacks Osun judge, rejects Adeleke’s request to suspend CJ

    The National Judicial Council on Thursday recommended the compulsory retirement of Osun State High Court judge, Justice S. O. Falola.

     

    He was found guilty of granting a Garnishee Order Absolute against Polaris Bank for the sum of N283,174,000.00 in a questionable manner.

     

    A statement by the council’s Director of Information, Adesoji Oye, indicated that the investigation committee held that Falola traveled to Lagos to visit the bank’s counsel in his chambers on the issue of Garnishee Proceedings, an action which it described as unprofessional.

     

    The statement read, “The National Judicial Council under the Chairmanship of Justice Olukayode Ariwoola, GCON, at its 104th Meeting of December 6 and 7, 2023 has recommended the compulsory retirement of Hon. Justice S. O. Falola of Osun State High Court from the Bench.

    The recommendation was made sequel to the findings of an investigation committee in a petition written against His Lordship by Mr. Dapo Kolapo Olowo and Polaris Bank for granting a Garnishee Order Absolute against the Bank for the sum of N283,174,000.00 questionably and strangely, and endorsement of the order, attaching the account of the Garnishee with another Garnishee and not the account of the judgment debtor who had the legal obligation to pay the supposed judgment sum.

     

    “It further found the conduct of the subject judge traveling to Lagos to visit the counsel for the bank in his chambers on the issue of Garnishee Proceedings unbecoming of the standard expected of a judicial officer.”

     

    Soji, however, said the council has recommended to the state governor, Ademola Adeleke, to compulsorily retire him with immediate effect.

    He noted that the NJC has suspended Falola from office pending the approval of the recommendation of his compulsory retirement by the Osun State Governor.

    Also, the council declined the request by the state governor to suspend the embattled Chief Judge, Adepele Ojo.

     

    The council also held that it would not work with the resolution of the state House of Assembly.

     

    Soji said, “Council considered and declined the request of Governor Ademola Adeleke of Osun State requesting its permission to swear in the next most senior judge in the state in an acting capacity, following allegations leveled against Hon. Justice Adepele Ojo, Chief Judge, Osun State and the resolution of the State House of Assembly to suspend him.

     

    “The Council affirmed that Hon. Justice Ojo is still the recognised Chief Judge of Osun State, and would not work on the resolution of a State House of Assembly.

    Soji also said the council dismissed the petitions against Justice Ekaete F. F. Obot, Chief Judge, Akwa Ibom State; Hon Justice Benson C. Anya of High Court Abia State; Hon. Justice Z. B. Abubakar of Federal High Court, Hon Justice Opufaa Ben-Whyte and Augusta Uche K. Chuku of the High Court of Rivers State, for being unmeritorious, or withdrawal of petitions by the Petitioners.

     

    “However, Hon Justice A. I. Akobi of the High Court of the Federal Capital Territory is to be issued a letter of guidance to take proper charge and control of his court, ” the statement added.

     

    Soji noted that the council received 51 fresh petitions written against Federal and State Judicial Officers and constituted 11 Panels to investigate petitions that have merits.

  • Medical director prays Appeal Court to quash his rape conviction

    Medical director prays Appeal Court to quash his rape conviction

     

    Abuja: The Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, has asked the Court of Appeal to set aside his conviction by the lower court over alleged rape of minor.

    Olaleye, in a notice of appeal filed by his lawyer, Dr Kemi Pinheiro, SAN, said that the Ikeja Sexual Offences and Domestic Violence Court was wrong to have relied on the evidence presented by the prosecution against him.

    The News Agency of Nigeria (NAN) reports that the court, presided over by Justice Rahman Oshodi in the charge number: ID/20289C/2022 had, on Oct. 24, sentenced Olaleye to life imprisonment for alleged defilement of his wife’s niece claimed to be a 16-year old.

    However, in the appeal dated and filed on Nov. 24 at the Appeal Court sitting in Lagos State, the appellant, through his lawyer, gave 35 grounds why his appeal should be allowed.

    In a copy of the notice of appeal made available to newsmen in Abuja on Wednesday, Pinheiro argued that “the lower court erred in law when, in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 at the time of the offence.”

    He said that the prosecution did not tender any documentary evidence in support of its case that the alleged victim of the crime was 16 years.

    In proving this fact, the lawyer argued that the prosecution had the onerous duty of presenting the birth certificate of the complainant which would have served as conclusive proof of her age.

    But throughout the trial, he said neither the prosecution nor the complainant put forward any documentary proof of the alleged survivor’s age, other than the oral evidence of the witnesses.

    The lawyer also argued that contrary to the submission that the alleged victim was consistent in her evidence that Olaleye raped her, her evidence was riddled with inconsistences.

    Pinheiro said the alleged survivor never accused the appellant of rape before the police who interviewed her when the alleged events were still very fresh in her mind.

    He said it was only four months after the alleged incident occurred that she turned around and alleged that the appellant raped her.

    According to him, the court ought to have been suspicious of the time frame between her statements to the police and the Gender Department of the police.

    He further argued that the lower court ought not to have relied on the evidence of PW5, Dr Akinbunmi Oyebimpe of MIRABEL, in convicting and sentencing the appellant.

    He argued that contrary to Oyebimpe’s finding, the examination carried out on the alleged survivor by PW5 was done months after the alleged offence was committed.

    “Even though the offences were alleged to have occurred between 2020 and 2021, the medical certificate issued by PW5 clearly showed that the alleged survivor was being examined in respect of a sexual assault that occurred in March, 2022.

    “In the face of this material contradiction, it was wrong of the court to have held that the evidence of PW5 corroborated that of the alleged survivor.

    “Since the outcome of PW5’s examination did not indict the appellant, the finding of the court is erroneous and ought not to be sustained,” the lawyer said.

    He equally faulted the court to have relied on the testimony of the 1st prosecution witness (PW1), who was Olaleye’s wife and also a complainant, which he said was tainted with malice on the events that occurred in the presence of CSP Patricia Amadi and Aunty Tessy without hearing from these vital witnesses.

    According to him, the honourable lower court erred in law when it held that it did not “…believe that Aunty Tessy was a vital witness,” while believing the testimony of PW1 and PW2 (prosecutrix).

    He said Aunty Tessy was an independent witness who had received the allegations leveled against PW1 and PW2.

    He contended that Olaleye’s wife, Aderemi (PW1), had demonstrated to be holding a grudge against the appellant.

    “As a result, the court ought to have been cautious in relying on her evidence which had a high probability of being tainted,” he added.
    He also challenged the finding of the trial court on two fronts.

    “Firstly, PW1 not being present when the appellant allegedly had sexual intercourse with the alleged survivor could not have corroborated the evidence of the alleged survivor because corroborative evidence ought to come from a person who directly witnessed the events as they occurred.

    “Secondly, any corroborative evidence ought to come from an independent source.

    “Having demonstrated during trial that PW1 stood to benefit from the appellant’s conviction, it was wrong of the court to have relied on her tainted testimony in finding that her evidence corroborated that of the complainant,” the lawyer argued, among others.

    He insisted that Aderemi (PW1) was demonstrably a tainted and interested witness and as such, her evidence was manifestly unreliable.

    Pinheiro, who sought four reliefs, urged the appellate court to make an order setting aside the decision of the lower court.

    He also sought an order setting aside the conviction of and quashing the sentence against the appellant by the lower court.

    The lawyer equally sought an order discharging and acquitting Olaleye of the offences preferred against him.(NAN)(www.nannews.ng) /Flowerbudnews

  • PRESS RELEASE: ON ADVERTS FOR SALE OF PORTION OF LANDS IN PLOTS 580 & 581, KUGBO, ABUJA AS PROMISELAND ASOKORO HILLTOP

    PRESS RELEASE: ON ADVERTS FOR SALE OF PORTION OF LANDS IN PLOTS 580 & 581, KUGBO, ABUJA AS PROMISELAND ASOKORO HILLTOP

     

    PRESS RELEASE:
    ON ADVERTS FOR SALE OF PORTION OF LANDS IN PLOTS 580 & 581, KUGBO, ABUJA AS PROMISELAND ASOKORO HILLTOP

    Our attention has been drawn to adverts on billboards on various streets in Abuja and online platforms on sale of portion of lands in Plot 580 & 581, Kugbo, Abuja under various titles including ‘Promiseland Asokoro Hilltop’, ‘Promiseland Hilltop Estate’, ‘Asokoro Hilltop’.

    We wish to state as follows:
    Sunrise Estate Development Limited is the legal allotee of Plots 580 & 581, Kugbo, Abuja.

    Amongst other pending suits, Sunrise Estate Development Limited commenced Suit No. FCT/HC/CV/7813/2023 against the Minister of the Federal Capital Territory, Federal Capital Development Authority and Praco International Limited at the High Court of the Federal Capital Territory on 5th October 2023. The suit is before Hon. Justice Eleojo Enenche of Court 45.

    As a result of the pending suit, the Minister of the Federal Capital Territory ordered the Federal Capital Development Authority to place a litigation caveat on the said Plots.

    On 21st November 2023, Hon. Justice Eleojo Enenche granted an interim Order for all parties to maintain status quo further to Order 4 Rule 9 of the High Court of the Federal Capital Territory (Civil Procedure Rules) 2018 till 7th December 2023 for hearing of pending applications.

    All members of the general public are therefore warned by this press release to avoid purchasing litigation. We implore the applicable adage Caveat Emptor (“Buyers Beware”). We also contend that the doctrine of lis pendens is applicable.

    On this premise, we urge the general public to disregard the advertisement for sale of portion of lands in the said Plots in the various publications as the Plots is a subject matter of litigation.

    Signed
    Sunrise Estate Development Limited’s Management