Tag: Court

 

 

Flowerbudnews

A Federal High Court, Abuja, on Monday dismissed the application filed by ex-terrorist negotiator, Tukur Mamu, seeking a transfer from the Department of the State Service (DSS) custody to Kuje Correctional Centre.

Justice Inyang Ekwo, in a ruling, dismissed the application on the ground of insecurity of the custodial facility.

Justice Ekwo held that Mamu did not deny the issue of incessant jailbreak in prisons which was raised by the Federal Government.

The judge further held that any averment that was not controverted was deemed to be true.

“And facts admitted need no further proof,” he added.

He said in arriving at the decision, “the court takes into account the security of the custodial facility, health of the defendant and the type of the allegations contained in the charge sheet.”

“I find that the averments of the complainant (FG) as it concerns jailbreak to be credible.

“I find that this application lacks merit and I make an order dismissing it,” he declared.

The judge, subsequently, ordered Mamu to remain in DSS custody throughout his trial in the alleged terrorism financing charges against him.

Justice Ekwo, however, affirmed his earlier order that Mamu be allowed to have access to his personal physician for medical treatment subject to the supervision of the DSS medical personnel.

“What the court does is to compel compliance. The complainant/respondent cannot be allowed to disobey court orders.

“The complainant is hereby ordered to grant the defendant access to his personal physician,” he said.

The matter was adjourned until June 3, June 4, June 5 and June 6 for continuation of trial.

The News Agency of Nigeria (NAN) reports that Mamu was arraigned, on March 21, 2023, on 10 counts of terrorism financing, among others, but pleaded not guilty to the counts.

Justice Ekwo, on April 27, 2023, declined to admit him to bail on the grounds of ill-health, after the DSS opposed the bail application.

However, the judge, on Dec. 19, 2023, granted Mamu’s plea to have access to his own personal physician due to his alleged deteriorating health condition.

Justice Ekwo, in the ruling, ordered that Mamu’s medical doctor should be allowed to treat him subject to the supervision of the DSS’ team of physicians.

NAN reports that Mamu, who is standing trial over his alleged relationship with terrorists that were involved in the March 28, 2022 attack on an Abuja-Kaduna-bound train, was arrested on Sept. 6, 2022, by Interpol in Cairo, Egypt, on behalf of the Nigerian government.(NAN)(www.nannews.ng)

 

Flowerbudnews

A Federal High Court sitting in Kaduna has ordered the police authorities to pay a cumulative sum of N200 million to the families of two Shiites killed by its officers while on Islamic procession on August 28, 2022 in Soba, Kaduna State.

Justice Hawa Buhari, in a judgment on Monday, held that the “applicants’ rights as guaranteed under Sections 33, 38, 39, 40, 42 and 46 of the 1999 Constitution (as amended); Order 2, Rules 1, 2, 3, 4, 11 and 12 of the Fundamental Right (Enforcement Procedure) Rules 2009; Article 4, 8, 10, 11 and 12 of the African Charter on Human and Peoples Rights 2004 is hereby enforced.”

The judge held that the sum of N100 million which must be paid to each applicants, making a total of N200 million, as compensation and general damages, would attract a 10 per cent interest per anum until the amount is fully paid.

Justice Buhari, in the judgement, consolidated the two separate suits filed by the two next-of-kins of the deceased, which are FHC/KD/CS/142/2022 and FHC/KD/CS/144/2022.

“The sum of N100,000,000.00 (One Hundred Million Naira) be paid to each parents of the deceased as compensation and general damages with a 10 % interest per anum until the amount is fully paid.

“The respondents shall tender a public apology to the applicants in one national daily for the breach of their fundamental right,” she declared.

It would be recalled that two applicants; Iliyasu Bashir and and Ahmad Sa’ad had filed the suits marked: are FHC/KD/CS/144/2022 and FHC/KD/CS/142/2022 before the court.

They alleged that on August 28, 2022, the officers of the Nigerian Police shot and killed Mubarak Iliyasu and Aminu Abdulkadir while observing their religious act of worship; Ashura Procession in Soba, Kaduna State.

They had sued the Inspector-General of Police (IGP), Assistant Inspector-General of Police Zone 7, Kaduna State Police Commissioner and Danial Pom, former Divisional Police Officer, Soba Division as 1st to 4th defendants respectively.

The applicants, in the motions on notice dated and filed September 26, 2022 by their team of lawyers, including H.G Magashi, M.D Abubakar and Yusha’u S.U, sought seven reliefs.

They sought a declaration that the shooting and killing of Mubarak Iliyasu and Aminu Abdulkadir on the said date while on religious procession was illegal, unconstitutional and flagrant violation of their fundamental right to life as guaranteed by Section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples Right Act Cap A9 LFN, 2004.

They, therefore, prayed the court for an order mandating the respondents jointly and severally to pay to them the sum of N200 million each for violation of the fundamental rights of their deceased brothers.

They equally sought an order, directing the respondents to tender a formal apology to them by publishing same in two national dailies that are circulating in northern Nigeria.

But the respondents, in their preliminary objection dated and filed on November 8, 2022, sought an order striking out the suits for want of jurisdiction.

Besides, they also filed a counter affidavit in opposing the suits

But Justice Buhari agreed with the submission of the applicants’s counsel, and assumed jurisdiction on the matter.

It would be recalled that Justice Buhari had equally ordered the police authorities, on April 22, 2024, to pay a cumulative sum of N300 million to three family members of three Shiite members killed by its officers while on Islamic procession on August 8, 2022 in Zaria City of Kaduna State.

 

Flowerbudnews

A businessman, Alhaji Ibrahim Egungbohun, has filed a N5 billion suit against a journalist, Fisayo Soyombo; Foundation for Investigative Journalism (FIJ) and Arise Media Group, over allegations bordering on defamation.

Egungbohun, in a suit field by his lawyer, Bola Aidi, SAN, before the Federal Capital Territory (FCT) High Court, also sought a N10 million cost of instituting the matter.

In the writ of summons marked: FCT/CV/2286/2024 and filed on May 3, the claimant sued Soyombo, FIJ and Arise Media Group as 1st to 3rd defendants respectively.

Egungbohun, a Nigerian Customs licensed agent, is the Chief Executive Officer of IBD Impex Ltd, a company which is into clearing and forwarding of goods, construction, agriculture, real estate and oil and gas.

In the suit, he sought “a declaration that the claimant has been defamed by the 1st and 2nd defendants through the various libelous posts and innuendos made by the 1st and 2nd defendants on their X handles @fisayosoyombo and @fijnigeria.

“A declaration that the claimant has been defamed by the 1st and 2nd defendants through the libelous publications made by the 1st and 2nd defendants on the 2nd defendant’s blog fij.ng in the article titled ‘Undercover as a Smuggler’ published on 21st February 2024.

“A declaration that the claimant has been defamed by the 1st, 2nd and 3rd defendants through the libelous publication/broadcasting made by the defendants on the 3rd defendant’s television programme ‘THE MORNING SHOW’ broadcasted on 24th February, 2024.

“An order of this court for retraction of the libelous statements and tendering of public apology by each of the defendants to the claimant, to be published by the 1st and 2nd defendants on their X handles; @fisayosoyombo and @fijnigeria and on the 2nd defendant’s blog fij.ng, and to be published/broadcasted by all the defendants in the 3rd defendant’s television programme ‘THE MORNING SHOW.’

“An order of this court restraining the defendants from any further defamatory publications (including the use of innuendos) against the claimant on their X handles, website, TV programmes or any other means of publication.

“The sum of N5,000,000,000.00 (Five Billion Naira) as general damages. The sum of N10,000,000, 000.00 (Ten Million Naira) being the cost of instituting this Suit.”

In his statement of claim attached to the suit, Egungbohun, who hails from Ogun, said he is a socialite and also the owner of IBD International Hotel in Ogun.

According to him, his hard work, integrity, dedication and tenacity has given him business goodwill among well-meaning Nigerians and has enabled him to establish business and personal relationships with top Nigerian businessmen and politicians.

He averred that sometime in February 2024, Soyombo began a calumny of defamation against him through his X handle page; @fisayosoyombo.

He alleged that on Feb 21, Soyombo posted and shared on his X handle page a defamatory article titled: “Undercover as a Smuggler” and published on the FIJ’s blog wherein he was tagged a smuggler.

The claimant further alleged that the said article had a subcaption: “Popular Socialite Arrested For Gun Running, Ibrahim IBD Dende Regains Freedom.”

He said in the article, they alleged that, “The status of the founder of the hotel, Ibrahim Dende Egungbohun, more commonly known as IBD Dende’, as ILARO’S BIGGEST SMUGGLER, has been helped by his proximity to power, coupled with the influence he has amassed with his wealth.

“,..Beyond the LAUNDERED IMAGE of him in the media, however, the real Dende HAS BEEN ARRESTED FOR SMUGGLING MULTIPLE TIMES; but on each occasion, he emerged unscathed. He is that connected.

“,..Dende used to import Turkey, but he subsequently SMUGGLED GUNS and his cover was blown… Dende also SMUGGLED CARS, his patronage transcending the political class.

“As he entrenched his interests in the SHADY TRADE through the years, he started to build a legion of foot soldiers to perfect the DIRTY WORK on his behalf.

“Some of those boys whom Jide knew personally were bringing in high-value automobiles STASHED WITH ARMS AND AMMUNITION ON DENDE’S BEHALF when they were apprehended in 2018.”

Egungbohun averred that the defamatory and character assassinating posts made against him by the defendants are permanent in nature.

According to him, permanence of the publication means that the claimant’s good name and reputation has been smeared for life by the libelous posts of the defendants.

He said he would rely on all electronic generated evidence mentioned in his statement of claim and would rely on and tender a Certificate of Compliance in line with the provision of the Evidence Act during trial.

The matter is yet to be assigned to a judge as at the time of filing the report.(NAN)(www.nannews.ng)

 

 

Flowerbudnews

A Federal High Court, Abuja, on Monday, adjourned two separate money laundering suits filed by the Economic and Financial Crimes Commission (EFCC) against British national, James Nolan, and two other companies for judgment.

Justice Donatus Okorowo adjourned the suits for judgment after counsel for the EFCC, Bala Sanga, and the defence lawyer, Michael Ajara, adopted their final written addresses and made their submissions in the matters.

In his argument, Ajara prayed the court to dismiss the two suit for lack of jurisdiction.

The.lawyer insisted that the court lacked jurisdiction because the charges were defective.

Besides, he said all the evidence brought forward by the anti-graft agency, through its witnesses, were hearsay.

But Sanga disagreed with Ajara

The EFCC lawyer argued that under Section 220 of Administration of Criminal Justice Act (ACJA), 2015, the irregularity of a charge does not affect the jurisdiction of the court and neither does it affect the validity of the charge.

He added that Ajara’s objection was belated as this should have been raised during arraignment.

Sanga equally argued that the matter cannot be caught up by hearsay rules because documents obtained by the prosecution’s investigating officers were visible in evidence.

He submitted that knowledge derived from day-to-day work are not hearsay.

The lawyer prayed the court to convict the defendants and order the forfeiture of the companies’ assets to the Federal Government.

After proceedings that lasted till Monday evening, Justice Okorowo adjourned the matters for judgment

The judge said that the judgment date would be communicated to parties in the suits.

The News Agency of Nigeria (NAN) reports that the court had, on April 14, fixed today for adoption of the final addresses after Nolan, who jumped bail and fled Nigeria in the alleged 9.6 billion dollars Process and Industrial Development (P&ID) Ltd scandal, opened his defence in absentia without calling any witness.

Ajara had told the judge that he did not intend to call any witness upon resumed hearing.

He said after his evaluation of the EFCC’s evidence, he would rely on the case of the prosecution and Sanga did not object, upon which the matter was fixed for adoption of written addresses.

NAN reports that the EFCC is prosecuting Trinity Biotech Nigeria Limited and Nolan in the charged marked: FHC/ABJ/CR/272/2022 as 1st and 2nd defendants in the case.

Also, the commission is also prosecuting the sister case marked: FHC/ABJ/CR/273/2022 filed against Resorts Express Concept Nigeria Ltd, another company, and Corrado Fantoli as 1st and 2nd defendants respectively before Okorowo.

Fantoli, also a foreigner and an associate of Nolan, was one of the suspects behind the alleged $9.6 billion P&ID fraud.

The suspect, said to be at large, alongside the company, was arraigned in absentia on Nov. 25, 2022, on eight-count money laundering charge.

He was not present in court or represented by a lawyer when they were arraigned.

The court also declared him wanted and ordered for his arrest anywhere he is sighted after Sanga made application to the effect.

Fantoli and Giovanna Beccarelli, who had also been declared wanted and an arrest warrant issued against her, were said to be directors and signatories to the company’s Guaranty Trust Bank account number: 0123849451.

Resorts Express Concept Nigeria Ltd and Trinity Biotech Nigeria Limited are two of the over 30 companies associated with the $9.6 billion scam.

NAN reports that other cases linked to the scandal are currently before Justice Obiora Egwuatu, Justice Zainab Abubakar of FHC, Abuja, besides other charges at FCT High Courts.

In addition the anti-graft agency was also prosecuting some of the companies and Nolan before Justice Ahmed Mohammed before he was elevated to the Appeal Court.

A Business and Property Court in London presided over by Justice Robin Knowles of the Commercial Courts of England and Wales had, in October, quashed the 11 billion dollars awarded against Nigeria in a case filed by the P&ID.

Judge Knowles held that the award was obtained by fraud and that what had happened in the case was contrary to public policy.(NAN)(www.nannews.ng)

 

Flowerbudnews

A Federal High Court in Abuja on Monday adjourned an amended money-laundering charge instituted against Ali Bello and his co-defendant, Daudu Sulaiman, by the Economic and Financial Crimes Commission (EFCC) until June 19.

Justice James Omotosho adjourned the matter for trial continuation after the EFCC’s counsel, Rotimi Oyedepo, SAN, led Olom Otane Egoro, a witness, in evidence.

At the resumed hearing, Oyedepo presented Egoro, a staff of Access Bank from the Compliance Unit, as the 6th prosecution witness (PW6) of the Commission.

The banker told the court that the EFCC, via a letter, requested for the bank statement of the Kogi State Government House, for the period of 2018 to 2021.

He said the commission also asked for other documents, including the account opening mandate for the account and certificate of compliance in respect of the printouts.

Oyedepo tendered the documents through the witness and were admitted in evidence accordingly.

Though both counsel to the 1st defendant (Ali Bello), Abubakar Aliyu, SAN, and that of the 2nd defendant, Olusegun Jolaawo, SAN, objected to the admissibility of the documents, they elected to raise the points of objection at the final address stage.

The witness thereafter went through the statement of account, detailing the various deposits into and withdrawals from same via transfers and cash.

From his evidence, Egoro said the withdrawals were not more than N10 million at any point.

The witness also did not state who deposited the monies, what the monies were deposited for or who withdrew the same and for what purpose before concluding his testimony for the day.

Although the matter was initially fixed for May 7 for trial continuation, Aliyu prayed the court for an adjournment on health grounds.

Tye senior lawyer equally prayed the court to vacate tomorrow’s date.

Oyedepo and Jolaawo did not oppose Aliyu’s application.

Justice Omotosho, by agreement of counsel, adjourned the matter until June 19 and June 20 for continuation of trial.

It would be recalled that Ali Bello and Dauda Suleiman, in the charge marked: FHC/ABJ/CR/550/2022, are standing trial on a 10-count charge bordering on money laundering brought against them by the anti-graft agency.

They, however, pleaded not guilty to all the counts.(NAN)(www nannews.ng)