Flowerbud News

Category: Judiciary

  • Kwara Courts Jail Six for Internet Fraud in Ilorin

     

     

    The Ilorin Zonal Directorate of the Economic and Financial Crimes Commission, EFCC, has secured the conviction of six persons for offences bordering on internet fraud before Justices Sulaiman Akanbi and Adebayo Yusuf of the Kwara State High Court sitting in Ilorin.

    This is contained in a statement signed by Dele Oyewale, Head, Media & Publicity, EFCC and made available to newsmen in Ilorin.

    The convicts are Idris Muhammed, Ismail Temitope Mustapha, Oyekola Odunayo, Anthony Slyvester Stephen, Timilehin Adeniyi and Olayiwola Ayomide Abdulmalik.

    Justice Akanbi jailed Idris, Ismail, Oyekola and Anthony while the duo of Timilehin and Olayiwola were convicted by Justice Yusuf on Monday, October 14, 2024.

    The charge against Idris reads:

    “That you, Idris Muhammed on or about the 13th day of July 2024 to 13th of August 2024 in Ilorin within the Jurisdiction of this Honourable Court, did cheat by personation, when you pretended to be one Dorthy Onanewlevel Palmer and fraudulently deceived one Lavergne Adriana Racheal to send $600 (Six Hundred Dollars) to you via cash app and thereby committed an offence contrary to Section 321 of the Penal Code and punishable under Section 324 of the Penal Code.

    The charge against Ismail reads:

    “That you, Ismail Temitope Mustapha (Alias: Myre Roddy) sometime between the year 2022 and 2023 within the Judicial division of the High Court, did cheat by personation, when you pretended to be one Myre Roddy vide Tik Tok account @roddy0s3 and induced one Ron Woldron to part with the gross sum of $500 (Five Hundred Dollars) vide apple gift cards; and thereby committed an offence contrary to Section 321 of the Penal Code and punishable under Section 324 of the Penal Code.

    The defendants pleaded guilty to their respective charges.

    Upon their pleas, Prosecution counsel, Andrew Akoja and Victoria Igodo tendered the extra-judicial statements of the defendants, items recovered from them at the point of arrest and monies that they benefited from the illegal activities, which the court admitted in evidence.

    Consequently, Justice Akanbi sentenced Idris to two years imprisonment with an option of N100,000 (One Hundred Thousand Naira only) and ordered the forfeiture of his iphone 13, and the sum of $300 (Three Hundred Dollars), which he raised as restitution to the Federal Government.

    The court sentenced Ismail to one year imprisonment with an option of fine of N100,000 (One Hundred Thousand Naira only), while ordering the forfeiture of his iphone 11 promax and $300USD to the Federal Government.

    Oyekola also bagged one year imprisonment on count one with an option of N100,000 (One Hundred Thousand Naira only), two years imprisonment on count two with an option of N200,000 (Two Hundred Thousand Naira only) and two weeks community service on count three and a fine of N50,000 (Fifty Thousand Naira only).

    The sum of $300 and N34,900 recovered from him be forfeited to the Federal Government.

    Similarly, the court sentenced Anthony to one year imprisonment with an option of N50,000 (Fifty Thousand Naira only) and ordered that the iphone 12 and the sum of $25 which he benefited from the unlawful activities be forfeited to the Federal Government.

    In a similar fashion, Justice Yusuf sentenced the duo of Timilehin and Olayiwola to six months imprisonment with an option of N200,000 (Two Hundred Thousand Naira only) each. The convicts’ phones and the monies they brought as restitution were forfeited to the Federal Government.

    All the convicts bagged their imprisonment when they were arrested for internet-related offences. They were later prosecuted and convicted.

     

     

  • Tinubu swears in Justice Ekerere-Ekun

    Tinubu swears in Justice Ekerere-Ekun

     

     

    …pledges to pledges to preserve sanctity of judiciary

    JUSTICE Kudirat Olatokunbo Kekere-Ekun took the oath of office as the 23rd Chief Justice of Nigeria (CJN) on Monday, with President Bola Ahmed Tinubu reaffirming his administration’s commitment to upholding the judiciary’s independence and sanctity.

    Justice Kekere-Ekun, the second female CJN in Nigeria’s history, was sworn in following her confirmation by the Senate.  The ceremony occurred at the Council Chamber of the State House, Abuja.

    Four former chief justices of the Federation, including the first female Justice, Aloma Mukhtar, the President of the Court of Appeal, and other heads of the judiciary divisions, witnessed it.

    President Tinubu underscored the pivotal role of the judiciary in safeguarding Nigeria’s constitutional democracy.

    ”The judiciary is an important pillar constituting the tripod that holds our constitutional democracy. Indeed, the Nigerian judiciary, at various times in history, has proven to be the moderating force ensuring everyone remains in check.

    ”Your role as the last hope of the common man serves to sustain our people’s confidence in democracy, knowing well that there is an important arbiter that can always give them redress if they are wronged.

    ”For this function, it is important that our judiciary remains truly independent. It is my administration’s total commitment to preserve the sanctity of the judiciary.

    ”While we may have reasons to interface as complementing components of the same government, under my watch, the government will also be mindful of the clear line demarcating the two of us.  ”We will never interfere or abuse the relationship between us as separate organs of government in our democracy. This is important for sustaining our constitutional democracy, ” the President said.

    President Tinubu reiterated his government’s dedication to improving judicial officers’ welfare and working conditions, noting recent decisions to enhance their effectiveness in administering justice.

    He urged Justice Kekere-Ekun to continue upholding the principles of ethical leadership, fearlessness, and honesty that have defined her career.

    ”The Nigerian judiciary needs a leader with these qualities at this time, and I have no doubt that you will set the pace for others to follow,” he said.

    The President lauded Justice Kekere-Ekun’s rise as a testament to hard work and an inspiration to women, particularly young girls, in a male-dominated profession.

      ”This day has also cemented the judiciary as a self-evolving and progressive institution. I specifically congratulate the Nigerian women. Any girl child can dream big and have her dreams come true. It is worth celebrating, ” he said.

    President Tinubu also acknowledged the presence of Justice Kekere-Ekun’s 89-year-old mother, Mama Wilfred Layiwola Ogundimu (Nee Savage), and other family members led by Akin Kekere-Ekun, Justice Kekere-Ekun’s husband.

    The President commended the Senate for expediting the confirmation of the new CJN and thanked members of the judiciary for their continued support.

    Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas, former Chief Justices of Nigeria, justices of the Supreme Court, senior judicial officers, and members of the Federal Executive Council attended the event.

  • Court fixes Oct. 25 for Ali Bello, co-defendant to cross examine EFCC witness

    Court fixes Oct. 25 for Ali Bello, co-defendant to cross examine EFCC witness

     

     

    A Federal High Court in Abuja on Thursday, fixed Oct. 25 for Ali Bello and his co-defendants to cross examine the EFCC’s 3rd prosecution witness (PW-3), Jamilu Abdullahi.

    Justice Obiora Egwuatu adjourned the matter after he overruled an oral application by counsel to the EFCC, Rotimi Oyedepo, SAN, opposing the defence request for an adjournment.
    The lawyers to the defence, Aliyu Abubakar, SAN, and Nuireni Jimoh, SAN, had sought an adjournment to enable them study the witness’ proof of evidence served on them.

    It would be recalled that the anti-graft agency, on Tuesday, called Abdullahi, an Abuja-based Bureau De Change (BDC) Operator, to give evidence with respect to the alleged money laundering charge preferred against the defendants.

    The EFCC, in the charge marked: FHC/ABJ/CR/573/2022, is prosecuting Bello and three others on an alleged N3 billion money laundering charge.

    While Bello is the 1st defendant, Yakubu Adabenege, Abba Adaudu, and Iyadi Sadat are 2nd to 4th defendants respectively.

    Upon resumed hearing, the PW-3 continued with his evidence-in-chief led by Oyedepo.

    The witness gave evidence with respect to cash in-flow into his Access Bank’s company and personal accounts.
    After completing his testimony, lawyer to Bello (1st defendant), Aliyu Abubakar, SAN, sought an adjournment to enable him study the witness’ proof of evidence.
    Abubakar said he would have commenced the cross examination but due to the voluminous documents served on him, he would need more time to study them.
    Nureini Jimoh, SAN, who appeared for other defendants, aligned himself with Abubakar’s submission.
    However, Oyedepo objected to the application.
    He argued that the proof of evidence of the witness was served on the defence on Feb. 6, 2023; including the statements of account, etc.
    “No fresh document was served on them,.”
    “Subject to my lords convenience, cross examination of the witness should start.
    “I urge my lord to refuse their application,” he said.
    Justice Egwuatu, in a short ruling, said he was inclined to grant the defence counsel’s application for them to prepare for their defence.

    “The prosecution application is hereby refused,” he said.
    The judge consequently adjourned the matter until Oct. 25, Nov. 5 and Nov. 6 for cross examination of the PW-3.
    NAN reports that Abdullahi had told the court that he was the owner of E-Traders International Limited, a BDC company.

  • Alleged copyright infringement: Court dismisses coys suit against FG

    Alleged copyright infringement: Court dismisses coys suit against FG

     

    A Federal High Court in Abuja has dismissed a suit filed by Pan African Development Corporate Company Ltd. against the Federal Government to demand N2 trillion in damages over alleged copyright infringement.

    Justice Inyang Ekwo, in a ruling, dismissed the suit on the ground that the suit was statute barred.

    Justice Ekwo held that the suit was instituted after the period allowed by the Public Officers Protection Act (POPA), 2004 had lapsed.

    “The yardsticks to determine whether an action is statute barred are the date when the cause of action accrued, the date of commencement of the suit as indicated in the writ of summons and period of time prescribed to bringing an action to be ascertained from the statute in question,” he said.

    The judge said he found that the cause of action in the case accrued on June 22, 2021 when the plaintiffs claimed that they found out that former President Muhammadu Buhari had inaugurated a steering committee on poverty reduction by establishing Private Equity Fund.

    “However, the plaintiffs waited till April 19, 2023 before commencing this action.
    “This means that this action was not commenced within three months stipulated by law.

    “As the saying goes, equity protects and aids the vigilant and does not aid the indolent or layabout,” he said.
    According to Justice Ekwo, it is a basic principle of law that limitation Law or Act removes the right of action, the right of enforcement and the right to judicial relief and leaves the plaintiff with a bare and empty cause of action, which he cannot enforce.
    He stressed that where the law provides for the bringing of an action within a prescribed period in respect of a cause of action, it must be brought within that time frame.
    He said: “Proceeding shall not be brought after the time prescribed by such statute.
    “As it is, I find that the right of action of the plaintiffs has been extinguished by virtue of the statute bar in Section 2 (a) of the POPA, 2004 and I so hold.”
    Citing previous Supreme Court decision, the judge said: “where a preliminary objection succeeds, there will be no need to go further to consider arguments in support of other issue or issues for determination.
    “This matter therefore ends here. I have already found that this matter is statute barred.
    “I therefore make an order dismissing this action for being initiated outside the time prescribed by law.
    “This is the Order of this court.”
    Although the judgment was delivered on Monday, its certified true copy (CTC) was made available to News Agency of Nigeria (NAN) on Thursday.
    The plaintiffs; Pan African Development Corporate Company Ltd. and Odilim Enwebgara had, through their lawyer, C.P. Aninwoya, filed the suit marked: FHC/ABJ/ CS/529/2023 before ex-President Buhari left office.
    In the suit, they sued President, Federal Republic of Nigeria; Federal Republic of Nigeria; National Steering Committee of the National Poverty Reduction With Growth Strategy; Attorney General of the Federation (AGF) as 1st to 4th defendants respectively.
    They also joined the Minister of Industry, Trade and Investment; Ministry of Industry, Trade and Investment; Governor, Central Bank of Nigeria (CBN); and CBN as 1st to 8th defendants as 5th to 8th defendants.
    In the writ of summons filed on April 19, 2023, they sought 12 reliefs, including a declaration that the acts of the minister of Industry and the ministry in proposing, sharing or presenting to the ex-President and the Nigeria “claimants’ copyrighted Information/proposal titled: “PROPOSAL TO THE MINISTRY OF INDUSTRY, TRADE AND INVESTMENT ON “THE EQUITY INVESTMENT BANK OF NIG” and/or adaptation of same by the 5th and 6th defendants before presentation to the 1st and 2nd defendants without the consent or authority of the claimants, constitute Infringement of the claimants’ copyright guaranteed under the Copyright Act.”
    They, therefore, sought an order of perpetual injunction restraining all the defendants and their agents from further infringing on the claimants’ copyright pertaining to the claimants’ copyrighted “PROPOSAL TO THE MINISTRY OF INDUSTRY, TRADE AND INVESTMENT ON “THE EQUITY INVESTMENT BANK OF NIG.”
    They also sought an order for delivery up to the claimants all copies of publications and materials regarding the NIGERIA INVESTMENT AND GROWTH FUND that infringed on the claimants’ copyrighted proposal to the ministry.
    The plaintiffs further sought an order compelling the CBN and governor to process and grant the claimants’ application for license to establish Equity Investment Bank of Nigeria upon fulfilment of necessary conditions as required by law.
    They sought “the sum of one trillion naira as compensation for compulsory acquisition of the claimants’ intellectual property over and pertaining to claimants’ proposal” to the minister and “general damages in the sum of one trillion naira,” among others
    But CBN and its governor (7th and 8th defendants), in a preliminary objection dated Aug. 10, 2023, sought an order striking out the suit.

    They argued that the action was statute barred and hence fundamentally incompetent going by POPA, 2024.
    Besides, they said the suit was a gross abuse of judicial process and that the claimants’ case does not disclose reasonable cause of action against them.
    Delivering the ruling, Justice Ekwo upheld the arguments of the CBN and its governor that the action was statute barred.

  • Ganduje: Court dismisses suit seeking His sack as APC chair

    Ganduje: Court dismisses suit seeking His sack as APC chair

     

    A Federal High Court, Abuja, on Monday, dismissed the suit seeking the removal of Dr Abdullahi Ganduje as the All Progressives Congress (APC)’d National Chairman.

    Justice Inyang Ekwo, in a judgment, dismissed the suit on the ground that the plaintiff, the North Central APC Forum led by Alhaji Saleh Zazzaga, had no locus to.have instituted the suit.

    Justice Ekwo, who held that no credible evidence was presented before the court to show that the group was registered with the Corporate Affairs Commission (CAC), said the name was not known to law.

    The judge further held that the group is not a juristic person as the issue brought before the court bordered on the internal affairs of the APC.

    He said that the party’s national chairman could only be appointed or removed through a national convention.
    However, the group’s lawyer, Ayuba Abdul, in a chat with newsmen, vowed to appeal the judgment.

    Also speaking, Zazzaga corroborated Abdul’s position.
    “I am not surprised the way the judgment has gone. However, we will appeal the decision,” he said.

    The News Agency of Nigeria (NAN) reports that Justice Ekwo had, on Sept. 18, fixed today for the judgment after it could not be delivered.

    The plaintiff; the North Central APC Forum, had filed the suit to queried the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.
    In the suit marked: FHC/ABJ/CS/599/2024, the plaintiff listed Ganduje, the APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.

    The plaintiff asked the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.

    It also prayed the court to issue an order directing INEC not to accord recognition to all actions taken by the APC, including congresses, primaries and nominations, since Ganduje became APC Chairman on August 3, 2023.

    The plaintiff is contending among others, that Ganduje is occupying the office of the APC chairman illegally, not being from a state in the North Central geo-political zone.

    It argued that the National Executive Committee (NEC) of the APC breached the party’s constitution when it appointed Ganduje, from Kano State in the North West geo- political zone to replace Sen. Abdullahi Adamu from Nasarawa State in the North Central geo-political zone.

    It also argued that Ganduje’s appointment to replace Abdullahi was contrary to Article 31.5(1) f of the APC constitution and ultra vires the powers of the NEC of the party, among other reliefs.

  • Alleged defamation: Court admits ex-governor’s aide to N1m bail

    Alleged defamation: Court admits ex-governor’s aide to N1m bail

    Flowerbud News

    A Sokoto Chief Magistrates’ Court on Wednesday admitted the Special Assistant to former Gov. Aminu Tambuwal, Shafi’u Umar, to N1 million bail.
    Umar, 37, is charged with alleged circulating of falsehood against Gov. Ahmad Aliyu and his wife on social media platform.
    He was also charged with engraving matter known to be defamatory.
    The case was first mentioned on Aug. 26, and the Police Prosecutor, Insp Abdurahman Mansur, said the offence contravened the penal code law.
    According to the First Information Report (FIR), the defendant committed the offence  on July 18.
    The Prosecution said the defendant circulated a video of the governor’s wife, Hajia Fatima Aliyu , “ spraying” money during her birthday ceremony in spite of the present hardships faced by citizens.
    Umar was also allegedly accused of sharing a document that indicated that Gov. Aliyu failed his Senior Secondary School Examination, scored F9 and is incapable of speaking English.
    The defendant had pleaded not guilty to the charge and remanded in Correctional center custody.
    Ruling in the bail application filed by the lead Defence Counsel, Mr Al’Mustafa Abubakar, the trail judge, Magistrate Fatima Hassan, granted Umar bail in the sum of N1 million with a surety in like sum.
    Hassan ordered that the surety should be a resident of Sokoto and deposits his National Identity Card along with two copies of passport photographs in the court.
    She adjourned the case to Oct. 10, for further mention and Prosecution to complete their investigation as assured by Police Prosecutor Mansur.
    She ordered that the defendant should be remanded in a corrections facility if he fails to complete the bail conditions.
    The News Agency of Nigeria (NAN) report that before the adjournment, the Defense Counsel, urged the Judge to take cognisance of three adjournment in the trail on the instance of police investigation and direct them to complete their findings as law required.
    NAN
  • #EndBadGovernance: Court admits 10 protesters to N10m bail each

    #EndBadGovernance: Court admits 10 protesters to N10m bail each

    Flowerbud News

    A Federal High Court in Abuja on Wednesday, admitted 10 #EndBadGovernance protesters charged with treason to a N10 million bail each with one surety each like sum.

    Justice Emeka Nwite, in a ruling on their bail applications, agreed with the submissions of the counsel for the defendants.
    Justice Nwite ordered that each of the defendants’ sureties must own a landed property in Abuja and submit the documents of the property to the registrar of the court.
    The News Agency of Nigeria (NAN) reports that the Federal Government had, on Sept. 2, arraigned the protesters on counts bordering on treason, intent to destabilise Nigeria, conspiracy to commit felony and inciting mutiny, among others, which are punishable under Section 97 of the Penal Code.
    The Federal Government, through the Inspector-General (I-G) of Police, field the charge marked: FHC/ABJ/CR/454/2024 on Aug. 30 against the defendants.
    10 of the 124 persons arraigned included Michael Adaramoye also known as Lenin; Adeyemi Abayomi, Suleiman Yakubu, Opaluwa Simon, Angel innocent, Buhari Lawal, Mosiu Sadiq, Bashir Bello, Nuradeen Khakis and Abdusalam Zubairu.
    NAN reports that some youths staged a nationwide protest against economic hardship between Aug. 1 and Aug. 10 in the country.
    The demonstration turned violent in some parts of the country, with looting and vandalism recorded in some states.
    The defendants, however, pleaded not guilty.
    NAN
  • Court remands ex-governor’s aide for allegedly defaming Sokoto governor, wife

    Court remands ex-governor’s aide for allegedly defaming Sokoto governor, wife

    Flowerbud News

    A Sokoto Chief Magistrate Court on Friday remanded Shafi’u Umar in a corrections centre for allegedly circulating falsehood against Gov. Ahmad Aliyu and his wife on social media platform.
    Umar, 37, who was the Special Assistant to former Gov. Aminu Tambuwal is charged with circulating injurious falsehood and engraving matter known to be defamatory.
    The case was first mentioned on Aug. 26, and the Police Prosecutor, Insp Abdurahman Mansur, said the  offence contravene the penal code law.
    According to the First Information Report (FIR), the defendant committed the offence  on July 18.
    The Prosecution said the defendant circulated a video of the governor’s wife, Hajia Fatima Aliyu , “ spraying” money during her birthday ceremony in spite of the present hardships faced by citizens.
    Umar was also allegedly accused of sharing a document that indicated that Gov. Aliyu failed his Senior Secondary School Examination, scored F9 and is incapable of speaking English.
    The defendant had pleaded not guilty to the charge.
    The lead Defence Counsel, Mr Al’Mustafa Abubakar, made an oral application for bail which was objected to by the Prosecution and. Magistrate reserved for ruling.
    Earlier, Abubakar urged the Judge to adjourn the case for definite hearing arguing that the prosecution not hide under the guise of investigation, which ought to have been completed before the next sitting.
    In her ruling, Chief Magistrate, Fati Hassan, said the only document before her  was the FIR and in recognition of the nature of the offence, the defence counsel needs to file a formal application for his client’s bail.
    Hassan adjourned the case until Sept. 18.
    She ordered that the defendant should be remanded in a corrections facility.
    NAN

  • Supreme Court upholds Diri’s re-election as Bayelsa Governor

    Flowerbud News

    The Supreme Court  on Friday upheld the re-election of Sen. Douye Diri as the governor of Bayelsa.

    The apex court in a judgment, dismissed the appeal brought before it by the governorship candidate of the All Progressives Congress APC, Timipre Sylvia and his party.

    The lead judgment delivered by Justice Garba Lawal, held that the appeal by Sylvia and APC was not only lacking merit but a gross abuse of court process.

    The unanimous decision of the apex court upheld the earlier decision of the Court of Appeal and the Election Petition Tribunal.

    The News Agency of Nigeria (NAN) reports that the Court of Appeal in Abuja had, on July 18, affirmed the re-election victory of Gov. Diri of Bayelsa in the Nov. 11, 2023 governorship poll.

    The three-member panel of justices led by Justice James Abundaga, in a unanimous judgment, held that the appeal filed by the appellants; Mr Timipre Sylva and the All Progressives Congress (APC), lacked merit.

    The panel held that the tribunal was not in error when it struck several paragraphs of the petitioner’s reply against the governor’s election.

    NAN reports that the election tribunal had, on May 27, dismissed the petition filed by Sylva and APC.

    The three-member tribunal, led by Justice Adekunle Adeleye-led, dismissed the petition for lacking in merit.

    In a unanimous decision, the tribunal held that the petitioners failed to adduce credible evidence to substantiate their allegations against the outcome of the state’s governorship poll.

    It struck out all the additional proof of evidence and statements on oath of some of the witnesses who testified for the petitioners as incompetent.

    According to the tribunal, the law expressly provided that an election petition must be filed no later than 21 days after the election result was declared.

    NAN