Flowerbud News

Category: Judiciary

  • Court remands 3 brothers over alleged conspiracy, trespass in Sokoto

    Court remands 3 brothers over alleged conspiracy, trespass in Sokoto

    A Sokoto Chief Magistrates’ Court on Tuesday remanded three brothers, Murtala Bello, 28, Dauda Bello, 27 and Maccido Bello, 20 in prison for conspiring and trespassing into the house of one Salihu Abubakar.

    The accused persons who reside in Rijiyar Dorowa area of Sokoto, pleaded not guilty to a three-count charge of criminal conspiracy and house trespass.

    The Chief Magistrate, Abubakar Adamu, ordered that they be remanded in prison and adjourned the case till July 30, for further hearing.

    Earlier, the prosecutor, Sgt. Monday Kennedy told the court that the matter was reported at the Dadin Kowa police station by the complainant, Malam Salihu Abubakar of Tsalibawa area of Sokoto on July 3.

    Abubakar said the accused persons stormed his house with cutlasses and threatened to kill him.

    Kennedy said the offence contravened sections 97, 349, and 397 of the Penal Code.(NAN)

  • Accountant stole N14m using company’s ATM card — Witness

    Accountant stole N14m using company’s ATM card — Witness

    By Moji Eniola
    A prosecution witness, Mrs Olufunmilayo Akinsanya, on Tuesday narrated at an Ikeja Special Offences Court how a 37-year-old accountant, Olufemi Oluyamoju, stole N14 million from his employer, the Asset Management Group Ltd.

    Akinsanya, the Head of Operations and Human Resources of the company, revealed that Oluyamoju stole the money over a period by making withdrawals from the organisation’s Union Bank account using the company’s ATM card.

    The witness, who is also the Head of Operations and Human Resources of the Muritala Mohammed Foundation,
    was led in evidence by Mr E. A. Jackson, the prosecutor of the Police Special Fraud Unit (SFU).

    She said that sometime in May 2016, the management of the organisation noticed some discrepancies in its bank
    accounts, complaints from payments of vendors as well as other outstanding payments.

    Akinsanya revealed that the company’s newly employed accountant who joined the organisation in June 2016
    discovered the discrepancies when Oluyamoju was asked to handover to him.

    She added that the statement of account from one of the company’s account with Union Bank and other documents that Oluyamoju handed over to the new accountant were forged and contained some discrepancies.

    She said: “We realised that it did not contain the volume of transactions that the company had.

    “We approached Union Bank, we were given the statement account, we also asked if they had issued a statement
    of account and they said No.”

    “We compared the two statements and realised that the two statements had differences.

    “We asked Oluyamoju to come and explain why, he did not come,” she said.

    Akinsanya told the court that Oluyamoju sent a message to the CEO of the company, admitting that he diverted
    the money and that he would want to repay the stolen funds.

    “As a result of that, he wrote three cheques  totalling N6.8 million which he had mentioned in his e-mail that he was going to pay in three instalment, though, we have in our account records was N14 million.

    “A decision was reached at the management meeting to hand him over to the police.

    “Oluyamoju paid only N900, 000 into the company’s Standard Chartered Bank account and he was not forthcoming with the other payments.

    “He later paid in another N1.1million to the police at Panti.

    “Because we were not satisfied with the way the case was going, we then referred it to the Special Fraud Unit (SFU) where he paid in another N500, 000 to the company at SFU.

    “The defendant has refunded only N2.5 million,” the witness said.

    Akinsanya said the defendant allegedly stole the funds from the company’s account at Union Bank which was the petty cash account of the company.

    She said that funds in the Union Bank account were usually transferred from Standard Chartered Bank.

    “When these funds are being transferred into the Union Bank account, the defendant withdraws it through ATM
    of the organisation and used it for his personal needs,” she said.

    The prosecution sought to tender the cheques purportedly issued by the defendant as evidence but the defence counsel,
    Mr Olawale Olanrewaju, objected on the grounds that it was not “front-loaded” as required by law.

    The vacation judge, Justice Olusola Williams, ruled in favour of the defence and directed that the prosecution should also front-load the additional proof of evidence.

    Justice Williams adjourned the case until July 25 for hearing of the bail application and continuation of trial.

    NAN reports that the Oluyamoju is facing a three-count charge of stealing, forgery of statement of account and using a false statement of account.

    He allegedly committed the offence between January and December 2016 at his employer’s office located at No. 2A, Osborne Road, Ikoyi, Lagos.

    At the court’s proceedings held on July 16, Justice Williams revoked Oluyamoju’s bail and ordered that he should be remanded in Ikoyi Prisons for previously failing to come to court for his trial.

    The offences contravened Sections 278(a), 278(2)(f), 285(7), 361(1)(a), 363(1) and 364 of the Criminal Law of Lagos 2011. (NAN)
    MAE/ENN/DA
    ===========
    Edited by Edwin Nwachukwu/Dele Akinsola

  • 3 men in court over alleged illegal connection of electricity

    By Glory Abuh-adejoh

    The Police on Tuesday arraigned three men in a Wuse Zone 6 Chief Magistrates’ Court, Abuja, for alleged criminal trespass.

    The prosecution alleged that the defendants trespassed into the Abuja Electricity Distribution Company (AEDC) property and illegally connected electricity into their shops.

    The defendants: Shuaibu Mansur, 20; Waraku Dahisu, 20, and Isiaku Salisu, 20, all of Area 1 Shopping Centre, Garki, Abuja, are facing a two- count charge bordering on criminal trespass and theft.

    The prosecutor, Fidelis Ogugbe, told the court that one Emmanuel Okoli, staff of AEDC, Garki Abuja, on July 22, reported the matter at the Garki Police Station.

    According to Ogugbe, the complainant said that on the same date at about 4:30p.m., he discovered that the defendants had trespassed into AEDC property located at Area 1 Shopping Centre.

    The prosecutor alleged that on inspection, it was discovered that the defendants had been consuming electricity in their shops without authorisation.

    Ogugbe said that during police investigation, the defendants admitted to have committed the offences.

    The prosecutor said that the offences contravened the provisions of Sections 348 and 287 of the Penal Code.

    The defendants, however, pleaded not guilty to the charges.

    The Magistrate, Ibrahim Muhammed, granted the defendants bail in the sum of N20, 000 each, with a surety each in like sum.

    The case was adjourned until Aug. 7, for hearing. (NAN)

    Edited by Halima Sheji/Obike Ukoh

     

     

  • Judiciary deserves commendation inspite of challenges–Lawyer

    Judiciary deserves commendation inspite of challenges–Lawyer

    Mr Ishmael Bluejack, a Port Harcourt-based lawyer, on Friday commended the nation’s judiciary, saying Nigerians were still accessing justice inspite of the current challenges.

    Bluejack, who spoke to the News Agency of Nigeria (NAN) in Port Harcourt, was reacting to the outcome of the judgment in the Jaja Estate suit in which his client, Charles Jaja, emerged victorious.

    The legal practitioner, who represented the younger Jaja, the claimant in the suit– Mr Charles Jaja vs Mrs Baebel and others, said his client got justice on Wednesday inspite of the length of time to conclude the case.

    Bluejack, who commended  the court presided over by Justice Silver Iragunema for granting   all the reliefs sought by his client, maintained that the judiciary remained the last hope of the common man.

    NAN recalls that the claimant, who was the  first son of late Joseph Jaja had gone to court to enforce his inclusion in the administration of his father’s estate.

    The claimant had told the court that the respondent and her children had administered her husband’s estate without involving him.

    NAN recalls that the late Jaja had died in Germany on Nov.  18, 2009. (NAN)

  • Court remands man, 30, in prison over generator theft

    Court remands man, 30, in prison over generator theft

    An Ikeja Chief Magistrates’ Court on Wednesday remanded a 30-year-old unemployed man, Ismaila Babalola, in Kirikiri Prisons after pleading guilty to stealing a generator set valued at N56,000.

    The Chief Magistrate, Mrs Jadesola Adeyemi-Ajayi, ordered the remand of the accused after he admitted committing the crime.

    Adeyemi-Ajayi, however, adjourned the case until July 24 for sentencing.

    The accused, whose address was not given, is being tried for entering a building with intent to steal.

    The prosecutor, Insp. Raji Akeem, had earlier told the court that the offence was committed on July 1 at 14, Araromi St., Iju, a suburb of Lagos.

    Akeem said that the accused jumped through the fence of Mr Adeola Ogundipe’s compound and stole his generator valued at N56, 000.

    “Thereafter, the accused was on his way with the generator when a neighbour, who has been noticing his movements, alerted other tenants.

    “The accused was apprehended and handed over to the police,’’ the prosecutor said.

    The offence contravened Sections 287 and 308 of the Criminal Law of Lagos State, 2015. (NAN)

  • Summary of Atiku’s Chicago fishing expedition

    Summary of Atiku’s Chicago fishing expedition

     

    By Bayo Onanuga

    @aonanuga1956  Wrote:  With the circulation of misleading reports about Atiku’s case in Chicago, I asked a lawyer, Oluwole Afolabi for an executive summary. He did a good job, offering non-legalese, succinct insight.

    How it started: Atiku’s lawyers brought an application under U.S.C. 1782 for the court’s assistance to obtain evidence from CSU by way of Subpoena regarding President Bola Tinubu’s academic records.

    Tinubu’s lawyers brought an application on his behalf to Intervene in the matter.
    The application was granted.

    Tinubu’s lawyers opposed the issuing of subpoena to obtain his academic records primarily on 3 grounds:

    1. The documents are protected by FERPA (Federal Educational Rights Protection Act).

    2. Atiku did not plead any facts relating to whether Asiwaju attended or graduated from CSU in his Petition at the Election Tribunal and as such any information that he obtained will not be admissible.

    3. Atiku’s petition at the Election Tribunal had gone beyond the ‘evidentiary stage’ in that parties had adopted their processes and all that remained for the Tribunal to do was to deliver judgment. The Tribunal could no longer admit evidence.

    AFTERMATH OF JUDGMENT OF THE COURT OF APPEAL
    While Atiku’s application was pending, the Court of Appeal delivered judgment. The judgment was against Atiku and in favour of Asiwaju.

    MAGISTRATE JUDGE GILBERT
    The Magistrate Judge to whom the case was assigned scheduled hearing of the case for September 11th, 2023.

    At the hearing, Atiku’s lawyers contended that they needed the documents for Atiku’s use at the Supreme Court of Nigeria.

    Tinubu’s lawyers countered that not only are the documents protected by FERPA, they can not use them at the Supreme Court because they were not pleaded in the Petition as required by the Electoral Act.

    CSU informed the Court that Tinubu graduated from CSU and that the school does not have a copy of the Diploma that Tinubu allegedly submitted to INEC and so was not in a position to speak on the veracity or otherwise of the document.

    CSU counsel further told the court that the school, like most schools in America, does not keep copies of Diplomas that it issued to its students.

    DECISION OF THE MAGISTRATE JUDGE
    Magistrate Judge Gilbert ordered CSU to respond to a limited portion of Atiku’s subpoena within 48 hours.

    TINUBU’S MOTION FOR STAY
    Tinubu’s lawyers filed a motion for stay of the execution of Magistrate Judge Gilbert’s order on the ground that the Magistrate Judge did not have the power to make the order it made.

    He could only have made a recommendation to the Supervising Judge, who may then affirm or modify or reject it outrightly while proceeding to hear the application afresh.

    Tinubu’s prayer was granted by Judge Nancy Maldonado. The Order of Magistrate Judge Gilbert was stayed and the Judge decided to hear the application afresh.

    Judge Maldonado then directed Tinubu’s lawyers to file papers on their client’s behalf not later than 9am Monday, September 25th on why a subpoena should not be issued against CSU to release some of Asiwaju’s documents.

    Atiku’s lawyers were directed to respond to Asiwaju’s court filings not later than 11:59pm on Wednesday and Asiwaju’s lawyers should file a Reply to it, if necessary, not later than 11:59pm on Thursday, September 28th.

    Now that all the processes have been filed, Judge Nancy Maldonado will give a date for the hearing of Tinubu’s application. Ruling will be delivered thereafter. (Flowerbudnews)

  • Man arraigned for alleged defilement of lover’s 4-year-old daughter

    Man arraigned for alleged defilement of lover’s 4-year-old daughter

    By Adenike Ayodele

    The  Lagos  State  government on  Thursday arraigned  a man, Stephen Monday, before an Ikeja Sexual Offences and Domestic Violence Court for allegedly defiling his lover’s four-year-old daughter.

    Monday, whose residential address was not given, is facing a count of defilement.

    He, however, pleaded not guilty to the charge when it was read to him.

    The Director of Public Prosecution (DPP), Dr Babajide Martins, thereafter requested for a trial date, following his not guilty plea.

    Martins told the court that the defendant allegedly committed the offence on Feb. 14, 2021, about 5. 00 a.m. at No 5, Ayeloja St., Ikorodu, Lagos.

    The prosecution submitted that the defendant allegedly had carnal knowledge of the four-year-old girl by inserting his penis into her vagina.

    According to the prosecution, the offence contravened Section 137 of the criminal law of Lagos state 2015.

    Justice Abiola Soladoye thereafter remanded the defendant in Kirikiri Correctional Centre pending the perfection of his bail.

    Soladoye adjourned the case until Nov. 9 for commencement of trial.

    NAN

  • Court stops PDP from dissolving Rivers chapter EXCOs

    Court stops PDP from dissolving Rivers chapter EXCOs

     

     

     

    Abuja:   A Federal High Court, Abuja has restrained the national body of the Peoples Democratic Party (PDP) from dissolving the Rivers’ chapter of the State Executive Committee (SEC) over alleged anti-party activities.

    Delivering judgment, Justice Inyang Ekwo, said he found that the case of the plaintiff, Mr Desmond Akawo, succeeded on merit.

    The News Agency of Nigeria (NAN) reports that Akawo, the Rivers’ PDP Chairman, had sued the party and Dr Iyorchia Ayu (the immediate-past National Chairman representing himself and members of the National Working Committee (NWC) and National Executive Committee (NEC)) as 1st and 2nd defendants.

    The plaintiff also joined the Independent National Electoral Commission (INEC) as 3rd defendant in the amended originating summons marked: FHC/ABJ/CS/112/2023 and filed on March 9 by his counsel, Dr Joshua Musa, SAN.

    Akawo sought the court’s determination whether having regard to the provisions of Section 223 of the 1999 Constitution and Article 47(1) of the Constitution of the PDP (as amended In 2017), they were not entitled to serve our their term.

    He said he and other members of the SEC, the LGA executive committees and the ward executive committee were elected and sworn-in pursuant to the state’s congress held on March 21, 2020 and were entitled to complete their four-year term which expires on or about May 22, 2024.

    Akawo, in the affidavit which he personally deposed to, averred that the PDP ans its national chairman on Jan. 4, prior to the general elections, threatened to unilaterally dissolve the Rivers’ chapter of SEC and replace the same with an Interim Caretaker Committee.

    He, however, said that prior to the threat, neither any member of the state committee nor himself had ever been queried by them.

    He, therefore, sought an order of injunction restraining the party and the national chairman from dissolving, suspending or truncating the tenure of the Rivers’ SEC, the LGA executive committees and the ward executive committees until May 22, 2024, when their four-year term would expire, among other reliefs.

    Justice Ekwo held that the PDP and its national chairman did not deny Akawo’s averments.
    “Essentially, the 1st and 2nd defendants have admitted the case of the plaintiff on this issue.
    “The law is that facts admitted need no further proof;” he said.

    The judge, who granted all Akawo’s reliefs, declared that the party and its national chairman cannot unilaterally and without reasonable cause, dissolve the state’s EXCOs who were democratically elected for a four-year period.

    He also gave an order of injunction, restraining them from appointing any person or group of persons as interim caretaker committee in the state until May 22, 2024.

    Justice Ekwo further gave an injunction order restraining INEC from according recognition or accepting any name as caretaker committee of the PDP in the state except those democratically elected and represented by Akawo in the suit.(NAN)(www.nannews.ng) /Flowerbudnews

  • Alleged misconduct: Court stops impeachment of Ondo State deputy governor

    Alleged misconduct: Court stops impeachment of Ondo State deputy governor

     

     

    Abuja:  A Federal High Court, Abuja, on Tuesday, restrained the Ondo State House of Assembly from impeaching the Deputy Governor, Mr Lucky Aiyedatiwa, over alleged gross misconduxt.

    Justice Emeka Nwite, in a ruling shortly after Aiyedatiwa’s counsel, Kayode Adewusi, moved the ex-parte motion to the effect.

    The judge also restrained Gov. Rotimi Akeredolu from nominating a new deputy governor and forward same to the lawmakers for approval pending the hearing and determination of the substantive matter.

    Justice Nwite held that after listening to Adewusi, he was of the view that the interest of justice would be met by granting the application.

    “Therefore, the application of the applicant succeeds,” he said.

    The News Agency of Nigeria (NAN) reports that the embattled deputy governor had, in a motion on notice marked: FHC/ABJ/CS/1294/2023, sued the Inspector-General (I-G) of Police and the the Department of State Services (DSS).

    Others are Gov. Akeredoku, Speaker of the House of Assembly, Chief Judge of Ondo State and the House of Assembly as 1st to 6th respondents respectively.
    In the application dated and filed by Mr Adelanke Akinrata on Sept. 21, Aiyedatiwa sought for four reliefs.
    The judge further made an order of interim injunction restraining Akeredolu, his servants or privies from harassing, intimidating, embarrassing and preventing Aiyedatiwa in carrying out the functions of his office as deputy governor of Ondo State.
    Justice Nwite, who granted all the reliefs adjourned the matter until Oct. 9 for hearing.
    NAN reports that Aiyedatiwa had, also in another suit marked: AK/348/2023 prayed the High Court in Akure to stop the state’s house of assembly from proceeding with the impeachment proceedings against him pending the hearing and determination of the suit filed in the court on Monday.(NAN)(www.nannews.ng) / Flowerbudnews

    Details later