Category: Judiciary

Stealing
By Chidinma Ewunonu-Aluko
Ibadan, June 14, 2024 (NAN) Two security guards, Taiwo Olapade, 24 and Austin Aminu, 42, were on Friday arraigned before a Grade ‘A’ Customary, Court, Ibadan, for allegedly stealing a couple’s phones and laptop.
The duo whose addresses were not provided were charged with conspiracy and stealing.
They, however, pleaded not guilty to the charges.
The Prosecutor, Mr Philip Amusan, told the court that the defendants allegedly committed the offence on June 11, at about 4.00 a.m., at Iyaganku GRA, Ibadan.
Amusan alleged that the defendants stole phones and laptop worth N520,000, belonging to one Mr Olaoye and Mrs Anthonia Aduragbemi.
Amusan also alleged that the defendants failed to prevent felony as security guards at their place of work.
He said the offences contravened Sections 516 and 390(9) of the Criminal Laws of Oyo State, 2000.
The Court President, Mrs Sukurat Yusuf, granted the defendants bail in the sum of N300,000 each with two reliable sureties in like sum.
Yusuf, thereafter, adjourned the case until July 9 for hearing. (NAN)
CC/JNC
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Edited by Chinyere Joel-Nwokeoma

Trader jailed 2 years for stealing security safe

Sentence

By Zainab Oyekan
Jos, June 14, 2024 ( NAN) A Jos Magistrates’ Court on Friday, sentenced a 19-year-old trader, Ahmad Umar to two years imprisonment for trespassing and stealing a security safe from a fuel station.

The Magistrate, Shawomi Bokkos, summarily tried and sentenced the defendant after he pleaded guilty to the charge.

The magistrate, however, gave the convict an option to pay N100,000 .

Earlier, the Prosecutor, Insp Ijuptil Thawal told the court that the case was reported on Jan. 7, at the “A” Police station Jos by one Cecilia Ali, the complaint.

The prosecutor said the convict trespassed into the fuel station office and stole the safe containing N361,000 before he was caught.

The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)

OIZ/SH

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edited by Sadiya Hamza

08035015718

Murder

By Opeyemi Gbemiro

Ado- Ekiti, June 13, 2024 (NAN) Justice L.O.  Ogundana of the Ekiti High Court in Ado-Ekiti, on Thursday, sentenced four men to death by hanging for murder and armed robbery.

The convicts: Sola Ogunleye, Ebenezer Adebayo, Lasisi Afeez and Ojo Oba were arraigned on charges of murder, attempted murder, armed robbery and conspiracy.

The offense of armed robbery is contrary to Section 6(b), of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federal Republic of Nigeria, 2004.

While the offences of murder and attempted murder are contrary to Sections 319 (1) and 320 of the Criminal Code Law, Cap.C16, Laws of Ekiti State, 2012.

Justice Ogundana, when delivering his judgment, held that the prosecution proved all the offences against the defendants beyond reasonable doubt.

The judge consequently convicted all the defendants and sentenced them to death by hanging for the offences of armed robbery and murder.

For the offence of attempted murder and conspiracy, Ogundana convicted and sentenced the four men to life imprisonment.

The prosecution stated that the offences were committed by the convicts on May 29, 2017 at Oyan Orete Camp, ljan- Ekiti.

It said that the convicts robbed the residents of  the camp at gun point and one Olasunkanmi Ramon was murdered.

The prosecution also informed the court that the convicts attacked one Alhaji Usman Adeleye and inflicted him with machete cuts on the head.

The Director of Public Prosecutions, Mr Julius Ajibare, who prosecuted the case for State, called five witnesses and tendered seven exhibits to prove his case.

The convicts, who had pleaded not guilty to the offences, were represented by Counsel, Mr Chris Omokhafe, and Mr Oluwaseun Oyebanji.

The four men gave evidence in their own defence during trial and called two other witnesses. (NAN)(www.nannews.ng)

OPA/OIF/AOS

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Edited by Ifeyinwa Okonkwo/Bayo Sekoni

Court orders accelerated hearing in UniAbuja Governing Council crisis

Order
By Taiye Agbaje

Abuja, June 13, 2024 (NAN) A Federal High Court in  Abuja on Thursday, ordered accelerated hearing in a suit filed against the Vice Chancellor (VC) of University of Abuja, Prof. Rasheed Na’Allah, over plan to inaugurate the newly elected Internal Governing Council Members of the institution.

Justice Inyang Ekwo gave the order following a preliminary objection filed by Prof. Na’Allah, through his lawyer, Ogwu Onoja, SAN, against the plaintiffs’ originating summons.

The News Agency of Nigeria (NAN) reports that the plaintiffs; Prof. Saint Gbilekaa, Prof. Edmund Nwanna, Prof. Sunday Ejaro, Prof. Kasim Umar, Prof. Wesley Nafarnda and Dr Uju Patrick, had filed the motion ex-parte marked: FHC/ABJ/CS/683/2024.

The six aggrieved senior lecturers had sued the VC; President, Federal Republic of Nigeria; Attorney-General of the Federation (AGF) and National Universities Commission (NUC) as 1st to 4th defendants respectively.

In a motion ex-parte dated and filed June 5 through their lawyer, Maxwell Opara, they sought seven reliefs, which include an order of interim injunction directing all parties to maintain status quo ante bellum pending the determination of the motion on notice.

They also sought an order of interim injunction restraining the 1st defendant (VC) and others from conducting any inauguration of the newly elected internal council members of the university pending the determination of the motion on notice, among other reliefs.

Justice Ekwo had, on June 7, ordered Na’Allah.to appear before it today to show cause why the planned inauguration should not be stopped.

The judge gave the order, in a ruling, shortly after Opara, moved the ex-parte motion to the effect.

When the matter was called, Opara informed the court that the matter was slated for Na’Allah to show cause.

The lawyer told the court that he was served by Na’Allah’s counsel with the preliminary objection and a counter affidavit few minutes ago.

“All the other processes are not ripe as we are concerned with the affidavit to show cause.

“I will be asking the court to dismiss the 1st defendant’s affidavit to show cause because of their noncompliance with the rules.

“The notice to show cause did not comply with the rules,” Opara said.

Onoja, however, explained that Na’Allah was ordered to show cause within three days and in compliance with the order, they filed on June 11.

The judge, however, said the processes were yet to be seen in the court file and Onoja passed them to the judge through the court clerk as directed.

Opara indicated his interest to respond to the preliminary objection.

He also said that since the VC “keeps changing the date of the event,” he would love to join other parties from the institution.

The judge told him that if a decision is made against the VC, it is against the university.

“The preliminary objection is before me and I cannot ignore it.

“I make an order for accelerated hearing,” Justice Ekwo declared.

He said he had looked at the grounds of the objection, and found out that he had to determine it first.

The judge then adjourned the matter until June 20 for hearing.

“On the date of hearing, the preliminary objection if any, will be taken together with the substantive matter and the processes of any party that is absent from court will be deemed as adopted.

“If any party is responsible for the matter not be being heard, the learned counsel for the party will be personally penalised,” he said.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza

Court to hear suit seeking Ganduje’s sack as APC Chairman June 26

Hearing
By Taiye Agbaje

Abuja, June 13, 2024 (NAN) A Federal High Court, Abuja, on Thursday, fixed June to hear a suit seeking the removal of the National Chairman, All Progressives Congress (APC), Dr Abdullahi Ganduje.

Justice Inyang Ekwo fixed the date after the plaintiff’s lawyer, Benjamin Davou, sought the leave of the court to allow time to reply to Ganduje’s preliminary objection.

The plaintiff; the North Central APC Forum, led by Saleh Zazzaga, is in the suit marked: FHC/ABJ/CS/599/2024 querying the propriety of Ganduje’s appointment as the Chairman of the APC when he is not from the North Central geo-political zone.

Listed as defendants in the case are Ganduje, the APC and the Independent National Electoral Commission (INEC).

When the case was called on Thursday, Davou said although the suit was slated for hearing, it would not be possible because Ganduje’s lawyer, Raymond Asikeni, just served him the notice of preliminary objection and their counter affidavit.

Davou promised to file his reply to the two sets of documents filed by Ganduje first thing on Wednesday after the public holiday.

Justice Ekwo then adjourned till June 26 for hearing.

“On the date of hearing, the preliminary objection will be taken together with the substantive suit.

“The processes of any party that is absent from court shall be deemed as adopted,” he said.

The News Agency of Nigeria (NAN) reports that the plaintiff, in the main suit, wants the court to, among others, restrain Ganduje from further parading himself as the chairman of the APC.

It also prays 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.

The plaintiff’s 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.

The plaintiff added that by the true interpretation of Article 31.5(1) of the APC. Constitution 2013 (as amended), the party is bound to comply with the procedure for the replacement of an officer in the event of a vacancy and ought to appoint a member from Nasarawa State in the North Central geo- political zone into the office of the chairman of the party.

The plaintiff wants the court to among others, declare that by Article 20(1) of the APC constitution 2013 as amended, Ganduje cannot be appointed as the National Chairman of the party other than through democratic conducted elections and that his current occupation of the office is illegal.

It equally seeks a declaration that by the provisions of Article 13 of the APC constitution 2013 (as amended), the party’s National Convention is the final authority of the party which has the power to elect or remove national officers of the party including the national chairman of the party.

The plaintiff also wants a declaration that the party’s NEC lacked the power to appoint any person to the office of the Chairman, among others.(NAN)(www.namnews.ng)
TOA/SH

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edited by Sadiya Hamza

Appeal Court sets aside contempt proceedings against EFCC Chairman

Contempt

By Taiye Agbaje/Edith Nwapi

Abuja, June 13, 2024 (NAN) The Court of Appeal, Abuja, has set aside contempt proceedings initiated by the former Governor of Kogi, Yahaya Bello, against the Chairman of the Economic and Financial Crimes Commission.

Justice Joseph Oyewole set aside the proceedings in a unanimous judgment on Thursday while overruling the respondent’s preliminary objection, citing technicalities.

The Appeal Court said the trial judge failed to extend the orders of Feb. 9 in its final Judgment of April 17.

He said the second issue raised by the respondent on the interim order had become an academic exercise.

The court awarded N1 million cost against the respondent.

The appellate court had granted an ex-parte motion for stay of contempt proceedings filed against the EFCC’s Chairman, Ola Olukoyede, by ex- Governor Bello.

The Court of Appeal, presided over by Justice Oyewole, granted the EFCC’s application to serve the processes in the appeal by substituted means on the former governor.

The court consequently adjourned the hearing of the motion on notice to May 20.

It would be recalled that the EFCC boss was summoned to appear before the Kogi State High Court in May to show cause why he should not be committed to prison for disobeying its orders.

But he had appealed the ruling of the trial court and sought a stay of the proceedings of the court.

The Kogi High Court based its ruling on the premise that the EFCC chair carried out “some acts upon which they (the EFCC) have been restrained” by the court on Feb. 9, pending the hearing and determination of the substantive originating motion.

It would be recalled that Justice I. A. Jamil, in a ruling on Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act.

The judge held that the EFCC’s act amounted to contempt.

EFCC operatives had laid siege on the residence of the former governor, as early as 8am on April 17, with a bid to arrest him despite a court order restraining them from taking such action, pending the determination of the originating motion.

Justice Jamil’s order was based on a motion ex-parte filed by Bello, through his lawyer, M.S. Yusuf, where he prayed the court for an order to issue and serve the respondent (EFCC chairman) with Form 49 Notice to show cause why order of committal should not be made on him.

The lead judgment at the Appeal Court on Thursday, was delivered by Justice Oyewole, while Justices A.M. Talba and D. Z. Senchi were in agreement.(NAN)(www.nannews.ng)

TOA/NEO/SH

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edited by Sadiya Hamza

Examination
By Sandra Umeh
Ikeja, June 13, 2024 (NAN) The Lagos State Safety Commission has told a Lagos High Court Ikeja that the management of Chrisland Schools, Opebi, failed to take a compulsory risk assessment test of the commission.
Mr Wahab Ariyo, a safety officer with the commission, disclosed this at the resumed trial of the Chrisland Schools Opebi and four of its staff members on Thursday.
Ariyo testified as the fourth witness for the prosecution before Justice Oyindamola Ogala.
The News Agency of Nigeria (NAN) reports that the Lagos State Government on March 31, 2023, charged Chrisland Schools Ltd. Opebi, its principal and vice principal and two others with the killing of Whitney.
Those charged alongside the school are Ademoye Adewale (a cotton candy vendor), Kuku Fatai, Belinda Amao (Principal) and Victoria Nwatu.
The defendants are standing trial for allegedly causing the death of  a 12-year-old student, Whitney Adediran, during the school’s inter-house sports competition.
According to the prosecution, the alleged offences violate Sections 224 and 251 of the Criminal Laws of Lagos State 2015.
Trial had since begun in the case with the prosecution still leading witnesses in evidence.
When the case was called on Thursday, the Lagos State Director of Public Prosecution (DPP), Dr Babajide Martins, called his fourth witness (Ariyo).
Ariyo introduced himself as an engineer and safety officer with the Lagos State Safety Commission.
He told the court that his duty in the office involved responding to emergencies in the state, investigating accidents and incidents to uncover the roots and immediate causes.
In relation to the instant charge, the witness told the court that the commission conducted investigations to ascertain the root cause of the fatality and to make recommendations to avoid further occurrence.
According to Ariyo, it is important to obtain Event Safety Permit for schools and public events having 250 guests.
He said the permit can be obtained by visiting the commission’s website to register the event.
Ariyo added that after this, the commission gets notified in its office, while an officer would be sent from the Events Department to the facility, to conduct basic assessments.
The witness told the court that afterwards the commission would give the requirements of the things to put in place, to avoid accident or emergency at such events.
“Once we carryout risk assessment and all requirements are met, we then issue a permit,” he said
According to him, on the day of the event, the commission sends out marshals from its office to ensure that all safety conditions are in place.
The witness told the court that for events with over 250 guests, there were further protocols such as ensuring availability of ambulance, first aiders and fire fighting equipments.
On the Chrisland School fatality, he told the court that the commission became aware on Feb. 13, 2023,  and visited the scene at the Agege Stadium.
He explained that the visit was to ascertain what went wrong, adding that on arrival, they discovered that most of the evidences had been tampered with.
Speaking further, he noted that on account of this, the team took photos and interrogated the school management and those who witnessed the event.
The witness said that fortunately for the team, there was another school hosting its inter-house sports at the same Agege stadium.
He added that the development presented  an opportunity to have a feedback of what happened, as there were vendors at the scene.
On his findings at the scene he said, the school failed to obtain event permit from the Lagos Safety Commission adding that  no risk assessment was conducted.
He added that there was no ambulance, poor emergency management system, poor emergency communication and no retainership hospital close to the venue.
He told the court that a second visit made to the scene was solely done by the commission and it was to ascertain the claim by the school that the candy machine was not close to the event scene.
The witness said that their second visit showed that the candy machine was close to the scene.
“We also discovered that no restrictions was made to the vendors using power generating sets and as a result, there was the possibility of straying wires dangling around.
“So, that confirmed our initial findings that no risk assessment was done,” he said
The witness told the court that if same had been done earlier, all the safety infractions would have been noticed and recommendations made to close the gaps.
He told the court that findings revealed that a school bus was used instead of an ambulance,  which should have at least three certified nurses.
“We also noticed that the school had only one first aider, which is the school nurse and this is not acceptable. There was also no safety marshal,” he said.
At this point, the DPP sought an adjournment to enable him tender Certified True Copies of some documents.
The trial will resume on July 1. (NAN)
UNS/CCN/JNC
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Edited by Chinyere Nwachukwu/Chinyere Joel-Nwokeoma