Category: Judiciary

By Martins Odeh

The Force Intelligence Bureau (FIB) Unit of the Nigeria Police Force says it has opened investigation against on a former Chief of Naval Staff, retired Vice-Admiral Jubril Usman over alleged proxy ownership of three bank accounts.

DCP Mr Ben Okolo, disclosed this in response to a petition filed by the Executive Secretary of Anti-Corruption and Research Based Data Initiative (ARDI),  obtained by the News Agency of Nigeria (NAN) on Thursday in Abuja.

The reply to the petition dated Aug. 20, with number: CR:3000/FIB/TE/FHQ/ABJ/VOl.22/933, was addressed to the Executive Secretary of the ARDI.

NAN recalls that the anti-corruption organization, has acted as a whistle-blower to expose graft, including the case of Justice Walter Onnoghen, a former Chief Justice of Nigeria (CJN).

The FIB letter was titled: “Investigation Activities: Re: Petition Against Former Chief of Naval Staff, retired Vice Admiral Jubril Usman , For Suspected Illegal Ownership and Control by Proxy Of At Least Three (3) Zenith Bank Accounts Containing Funds Suspected To Be Proceeds Of Corruption’’.

The letter reads in part: “I am directed to acknowledge the receipt of your petition, dated July 29,  on the above subject matter and to inform you that investigation into the case has commenced.

“Accept the warm regards of the Assistant Inspector General of Police (FIB) please’’.

Usman is currently standing trial on allegation of N600 million fraud before Justice A.S. Umar at the Federal Capital Territory  High Court.

Usman, a member of the All Progressive Congress was disqualified from contesting the Governorship ticket of the party in the forthcoming Kogi governorship election.

NAN

(FLOWERBUD NEWS) The National Assembly/State Assembly Election Petitions Tribunal sitting in Lokoja on Friday sacked Senator Dino Melaye as the Senator for Kogi West.

In its judgement, the tribunal ordered that fresh elections should be held in the senatorial district.

The three man panel led by Justice A. O. Chijioke in a unanimous judgment on Friday accepted Adeyemi’s ground and order for reelection into the senatorial axis.

Read more at: https://www.vanguardngr.com/2019/08/breaking-tribunal-sacks-dino-as-kogi-west-senator/

Details later.

(FLOWERBUD NEWS) The Integrity Group which is a leading advocacy group has written to The Director General, Nigerian Law School, Bwari, Abuja to complain against the reckless abandon of Legislative Duties by Honourable Ogundeji Iroju of Ondo State House of Assembly, currently representing Odigbo 1 Constituency.

The failure of the self styled Deputy Speaker of Ondo State House of Assembly to perform his duties has generated so much crisis in the running of the house.

According to Dr. Dan Obidike and Mr Olaseeni Akinbote who signed the letter, they wonder how he is able to participate in Nigerian Law School, which is a full time program when he is in Ondo State.

Dr Dan Obidike further said,
We are a Public Advocacy Group tasked with the responsibility of ensuring public peace, promotion of democratic values and ensuring that public Institutions and public officials are alive to their core responsibilities.

We are constrained to bring to your attention the activities of Hon. Ogundeji Iroju- a two-term lawmaker (elected on the platform of the APC) that currently represents Odigbo 1 Constituency in the Ondo State House of Assembly which was proclaimed on the 3rd day of June 2019 by the Executive Governor of Ondo State.

The self-same Hon. Iroju Ogundeji is also currently a student at the Abuja Campus of the Nigerian Law School. It is a well known fact students admitted to the Nigerian Law School are supposed to be physically present full time while we also aware that the membership of the Ondo State House of Assembly is also supposed to be a full-time public assignment.

The reality is that Hon. Iroju Ogundeji uses proxies to perform his functions at the Nigerian Law School, Abuja while he is on his seat at the Ondo State House of Assembly where he is presently the Deputy Speaker.

Similarly, he is undergoing Chambers Attachment at R.O Kazeem & Co,(Legal Practitioners) at Ikare Akoko while he did his mandatory Court Attachment at the Chief Magistrate Court No. 4, Akure. From the foregoing, it is crystal clear that the membership of Hon.

Iroju Ogundeji at the Ondo State House of Assembly and his studentship at the Nigeria Law School, Abuja are two full-time assignments which cannot be performed pari-passu.

We had earlier drawn the attention of the affected Honourable member to this state of affairs and the need to ensure that he does not allow his current studentship at the Nigerian Law School, Abuja to affect his core responsibility of rendering effective representation to his constituents at Odigbo 1 at the Ondo State House of Assembly coupled with his administrative functions as the Deputy Speaker of Ondo State House of Assembly, but the Honourable member chose to turn deaf ears.

Hence, we were left without any other option than to present this petition to your good office.

We therefore urge you sir to use your good offices in ensuring that Honourable Ogundeji Iroju be made to forfeit his present studentship at the Nigerian Law School, Abuja so as to allow him to fully concentrate on his public service as the lawmaker representing Odigbo 1 Constituency in the Ondo State  of Assembly in addition to other appropriate disciplinary actions you may wish to initiate

By Taiye Agbaje

The Federal High Court, Abuja, on Monday, summoned the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC), to appear before it over plans to seize the property of the immediate-past Gov. Abdulaziz Yari of Zamfara.

Justice Nkeonye Maha, who gave the order after listening to the arguments canvassed in a motion exparte by counsel to Yari, Mahmud Magaji, SAN, adjourned the matter until Aug. 30.

Yari, in the motion ex parte marked FHC/ABJ/CS/948/2019, was brought pursuant to Section 46(1) and (3) of the 1999 Constitution and Order 4 Rule 3 and 4, of the Fundamental Rights (Enforcement Procedure) Rules 2009.

The News Agency of Nigeria (NAN) reports that the AGF, who is also the Minister of Justice, Abubakar Malami, is the 1st respondent while the EFCC is the 2nd respondent in the suit.

The former governor had attributed his travails in the hands of the respondents to the fallout of the 2019 elections in the state.

He described the actions of the respondents against him as politically motivated to witch-hunt him.

Yari in a 17-paragraph affidavit in support of his motion, further stated that “the 1st and 2nd respondents are determined on a follow up attack upon him and his family by the use of allegations of wrongdoing which had been concocted against him in 2019 as an excuse to arrest him and his wife and to arraign them on trumped up charges.”

The affidavit, deposed to by Malam Affis Matanmi, traced the genesis of the case against Yari to the political events within the Zamfara chapter of the All Progressives Congress (APC) that eventually led to the party losing out the leadership of the state to the Peoples Democratic Party (PDP) by the judgment of the Supreme Court.

It read: “that after the decision of the Supreme Court, some aggrieved individuals who are very powerful decided to use agents of the 1st and 2nd respondents against the applicant.

“These individuals thus decided to carry out a vendetta and revenge against the applicant including instigating the respondents against the applicant upon their spurious conclusion without evidence that he was guilty of corrupt practices as former governor of Zamfara and was in breach of the Code of Conduct Act.

“This witch-hunt, is clearly politically motivated, baseless, and has been designed only to discredit and humiliate the applicant in a bid to decimate him politically.

“That the agents of the 2nd respondents invaded the applicant private residence without court order in Talata Marafa, off Sokoto road, Zamfara and nothing incriminating was ever found against the applicant despite the several investigations carried out by the respondents.”

Magaji further informed the court that his client’s residence in Talafa Marafa, off Sokoto road, Zamfara, was on Aug. 5 invaded by the EFCC for five hours without any court order, in its bid to effect his arrest.

He said that during the said invasion, the “agents forcefully did not allow the family members of the applicant who was away in Saudi Arabia for Haji, to go out and come in from the residence.

“The action of the EFCC has made it impossible for applicant to exercise his right or his freedom of movement without fear of being arrested and intimidated by commission,” he said.

The lawyer further stated that Yari had dully declared all his assets in accordance with the Code of Conduct for public officers prior to assuming office as a governor and that he had not committed any offence to warrant the threats of seizure of his assets and property most of which were acquired even before he became governor of the state.

According to him, in the motion exparte dated and filed Aug. 20, the former governor sought, among others: “an order of interim injunction restraining the respondents from seizing, impounding, taking over, confiscating or otherwise forfeiting his assets and property wherever they may be located within Nigeria or anywhere in the world pending the hearing and determination of the motion on notice.

“An order of interim injunction restraining the respondents from unlawfully interfering with his rights to sections 34, 35, 41 and 43 of the 1999 constitution until the hearing and determination of the substantive suit.

“An order of interim injunction restraining the agents of the respondents from freezing his bank accounts in Nigeria and or confiscating his immovable property anywhere in Nigeria pending the hearing and determination of the substantive suit.”

Justice Maha, therefore, gave the order that the respondents should come and show cause why they would not be restrained from, among other actions, freezing the bank accounts and or confiscating Yari’s immovable property anywhere in Nigeria pending the hearing and determination of the substantive suit.

She equally ordered that the respondents be served with the court processes within 48 hours before she adjourned further proceedings till Aug. 30. (NAN)

President Muhammadu Buhari on Monday reiterated his administration’s commitment to the ‘Rule of Law and Justice.’

The President said this while declaring open the 59th edition of the Nigerian Bar Association Annual General Conference (NBA-AGC) in Lagos.

The News Agency of Nigeria (NAN) reports that the opening of the 2019 NBA-AGC was held at the Eko Hotel and Suites in Lagos with the theme: “Facing the Future”.

The President, who was represented by the Attorney General of the Federation, Mr Abubakar Malami (SAN), reiterated his administration’s commitment to the ‘Rule of Law and Justice’.

While noting that the conference represents the largest gathering of lawyers, he expressed the desire that it would assist in nation building.

“The theme of the conference, is a reflection of the NBA as a critical stakeholder in the affairs of the nation,” he said.

Buhari urged delegates to take advantage of the conference to harness legal practice.

On behalf of the President, Malami consequently, declared the 2019 Conference open.

In his Goodwill message to delegates, Gov. Mr Babajide Sanwo-Olu of Lagos State, said that the State remains committed to the maintenance of law and order.

Sanwo-Olu, who was represented by his Deputy, Dr Femi Hamzat, welcomed all delegates to the Centre of Excellence, adding that the NBA is properly placed to direct the affairs of legal practitioners.

“It is my privilege to welcome you all to the 2019 Annual General conference of the NBA, which is held in the most preferred location of Lagos State.

“We have full assurance that this year’s conference will record unprecedented success.

“Giving its status in Africa, the Nigerian Bar Association is looked upon to lead the rest of the country to face the future.

“This administration has restated its commitment to social development, Justice dispensation and the maintenance of law and order,” he said

He said that the state would continue to collaborate with major stakeholders to ensure a realisation of its goals.

Earlier in his opening remark, NBA President, Mr Paul Usoro, welcomed all delegates and said that the purpose of such annual conferences is to afford lawyers the opportunity to place contemporary issues on national agenda.

He said that the Conference also affords legal practitioners an opportunity to review the framework within which they operate.

According to him, apart from renewing friendships during such annual conferences, lawyers are also properly disposed in ensuring a protection, promotion, and preservation of the rule of law.

“The essence of being lawyers is to ensure that the rule of law is preserved as lawyers represent the voice of the oppressed,” he said.

Usoro said that the rule of law ensures access to justice, protection of the weak and strong, and independence of the judiciary, adding that it has no preference for tribe or political groups.

He urged delegates to make good use of the conference, which he described as, “Agenda setting”.

In his key note address, President of the International Bar Association , Mr Horatio Neto, emphasised on the need for legal practice to be based on Information Communication Technology (ICT).

According to him, as part of efforts in realising the theme for the 2019 conference, “facing the future” the Bar must now look forward to adapting itself to the reality of new technology.

“There is the need for technology to infiltrate every aspect of legal practice including filing of processes as well as assignment of these processes,” he said.

Neto said that young lawyers are more eager to work in a technology environment, adding that he is optimistic that the legal profession will attain the technological height of creating robots to execute legal works.

NAN reports that the ceremony had in attendance, members of the Senate and House of Representatives, Chief Judges, Judges of the Appeal and Supreme Courts, High Court Judges, Magistrates as well as Senior Advocates of Nigeria (SAN).

NAN

An Magistrates’ Court in Ile-Ife, Osun, on Wednesday ordered that an applicant, Adesina Saheed, who allegedly sent threatening test messages to a man, be remanded in correction custody.

Magistrate Habibat Basiru, who refused to admit the defendant to bail, ordered that he be remanded in Ile-Ife correction custody.

Basiru adjourned the case until Sept 11, for hearing.

Earlier, the Prosecution Counsel, Insp Abdullahi Emmanuel, told the court that the defendant committed the offence on Aug 15, around 1.55 p.m. at No 32, Olopometa Street, Ile-Ife.

Emmanuel said that the defendant sent a threatening text message to the complainant, Mr Micheal Aramide, promising physical and spiritual harm.

He also alleged that the defendant beat up Aramide with an iron belt, causing him grievous injuries.

According to him, the defendant conducted himself in a way that breach the public peace of the stated community by beating Aramide.

The offence, he said, contravened the provisions of sections 86, 249(d) and 355 of the Criminal Code, Laws of Osun, 2002.

The defendant, who was not legally represented, however, pleaded not guilty to breach of peace, assault and threat to life.

NAN

The Supreme Court has struck out an appeal filed by the Peoples Democratic Party (PDP) and its candidate in the last presidential election.

The appeal marked SC/738/2019 was filed against a ruling of the Presidential Election Petition Court (PEPC), in which it held that the Atiku and the PDP do not have a reply to an application filed on May 14, 2019 by the All Progressives Congress (APC) seeking among others, the dismissal of their (Atiku and the PDP) challenging President Muhammadu Buhari’s victory at the last presidential election.

In a ruling on Tuesday, a five-man panel led by Justice Datijo Mohammed, struck out the appeal for having become statute barred.

A security guard, Nasiru Abubakar, on Thursday appeared in an Ikeja Magistrates’ Court, for allegedly stealing 8,000 dollars ( about 2.8 million) and a cell phone, belonging to an expatriate.

The Abubakar, who resides in Mobolaji Bank Anthony Way in Ikeja, is charged with theft.

The Prosecution Counsel, Insp. Patrick Ebri, told the court that  the defendant committed the offence on May 26 at 3 p.m. at No. 33A, Mobolaji Bank Anthony Way.

Ebri alleged that Abubakar broke into the house of the complainant, Mrs Iryna Dubuchenko and stole the 8,000 dollars and a Samsung J7 phone valued at N150,000

He said the offence contravened the provisions of Section 287 of the Criminal Law of Lagos State, 2015.

The News Agency of Nigeria (NAN) reports that the section provides three-year jail term for stealing.

After the charge was read to him, he pleaded not guilty.

Magistrate O.O. Fajana admitted the defendant to bail in the sum of N300, 000  with two sureties in like sum.

Fajana ordered that the sureties must be relations of the defendant and they must be gainfully employed.

She also ordered that the sureties must show evidence of two years tax payment to the Lagos State Government.

The magistrate adjourned the case until Sept. 18 for mention.

NAN

By Sani Abdulrahman

A mild drama ensued in court as a former district head of Narayi, Kaduna, Ibrahim Hamza, who allegedly accused a teacher, Muhammad Khalid, of threatening his life, stood as surety for him in a Sharia Court.

NAN reports that Hamza, 65, who lives at Hayin Malam Bello, Kaduna, dragged Khalid to court, alleging that he threatened to kill him and also defamed him.

Hamza, told the court that the defendant also dragged his son, who is a minor  to a vigilance group , where he was beaten for stealing a cell phone.

The Judge, Murtala Nasir, admitted the defendant, after Hamza, begged for his bail.

The Judge adjourned the case until Aug. 26 and ordered the defendant to produce members of the  the vigilante group for further hearing.

The defendant, who is  an Islamic teacher, however denied the allegations.