Category: Judiciary

Priest gets life imprisonment for raping minor

Rape
Opeyemi Gbemiro
Ado- Ekiti, June 13, 2024 (NAN) An Ado- Ekiti High Court on Thursday sentenced a pastor with Winners Chapel Church, Omuo- Ekiti, Mr Enoch Gbinyiam, for raping a minor in his church.

Gbinyiam had a one-count charge levelled against him.

The State Director of Public Prosecutions (DPP), Mr Julius Ajiba, told the court that the defendant raped the daughter of a member of the church during her visit to the vicarage.

Ajiba described the victim as a regular visitor to the mission house.

According to him, the victim usually visited the vicarage to assist the pastor’s wife with house chores, teach and help his young children in their school assignments.

“It was during one of her visits to the mission house that the defendant sedated a bottle of fanta and offered her to drink.

“The minor took the fanta and slept off only to wake up and found out that she was bleeding profusely from her vagina.

He said that the defendant was subsequently arrested and charged to Court.

He said that the offence contravened Section 2 of the Gender Based Violence (Prohibition) Law, 2019.

The DPP called four witnesses and tendered two Exhibits to prove his case.

The defendant, who spoke through his counsel, Mr Adeyinka Opaleke, pleaded not guilty to the charge against him.

He called one witness and tendered an evidence in defence of himself.

The Presiding Judge, Hon. Justice O.I.O Ogunyemi, ruled that the prosecution proved his case beyond reasonable doubt.

Ogunyemi, therefore, convicted the defendant and sentenced him to life imprisonment in a Correctional Centre. (NAN)(www nannews.ng).

OPA/USO
Edited by Sam Oditah

Emirship tussle: Court affirms jurisdiction to hear Bayero’s rights suit

Man, 21, to spend 2 years in jail for housebreaking, theft

Sentence

By Funmilayo Okunade

Ado-Ekiti, June 13, 2024 (NAN) An Ado-Ekiti Magistrate’s Court, on Thursday, sentenced a 21-year-old man, Saidu Abass, to two years imprisonment for housebreaking and stealing.

The convict was arraigned on a four-count charge bordering on conspiracy, housebreaking, stealing and unlawful escape from custody.

Delivering judgment, Magistrate Olatomiwa Daramola found the convict guilty following his guilty plea to the four count charge.

Daramola sentenced Abass on count one to three months imprisonment or  N2,000 fine, and on count two, one-year imprisonment or N3,000 fine.

The magistrate pronounced one-year imprisonment for count three or N5,000 fine while for count four, three months imprisonment or N2,000 fine.

She said that the sentences were to run concurrently.

Earlier, the prosecutor, Insp Raymond Osas, had told the court that Abass and two others, who are still at large, committed the offences on May 16.

Osas said that the convict and his accomplices allegedly committed the offences at 5:00 p.m. behind Christ Life Gospel Church, Agric Olope Area in Ado-Ekiti.

The prosecutor said that the men broke into the dwelling house of one Ademurele Bamidele.

He added that they stole a 26-inch OX standing fan, fridge engine, MPS player, extension socket and 30 litres of palm oil all valued at N350,000 belonging to the complainant.

He said that the convict was arrested, but escaped from lawful custody on May 18 at 6:34p.m., at Agric Olope police station in Ado-Ekiti.

According to him, the offences contravened Sections 421, 328, 302 and 120(b) of the Criminal Law of Ekiti State, 2021. (NAN) (www.nannews.ng)

FOA/NNO/AOS

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Edited by Nick Nicholas/Bayo Sekoni

Erisco controversy: Trial of food reviewer stalled

Trial
By Taiye Agbaje

Abuja, June 13, 2024 (NAN) The trial of Mrs Chioma Okoli, charged with allegations bordering on her online commentary on Erisco Foods Limited’s tomato paste, was, on Thursday, stalled at a Federal High Court, Abuja.

The matter, fixed for trial, could not proceed because the trial judge, Justice Peter Lifu, went on an official assignment.

Although Justice Lifu sat today, he however rose after taken some cases to attend a conference.

The trial was subsequently fixed for June 19 on counsel agreement

The News Agency of Nigeria (NAN) reports that Okoli was, on May 31, admitted to N5 million bail with two sureties after spending few days in a correctional centre following her arraignment on two counts on May 28.

NAN reports that Mrs Okoli is being charged over her online commentary on Erisco Foods Limited’s tomato paste which the police alleged violated the Cybercrime Act, 2015.

She pleaded not guilty to all the counts.

The police had alleged that initial investigations revealed significant evidence suggesting Okoli’s involvement in breaking existing laws, especially concerning the appropriate use of cyberspace.

On Sept. 17, 2023, Okoli shared a Facebook post stating that she purchased Nagiko Tomato Mix from Erisco Foods, the day before and found it utterly sugary.

She mentioned that she normally buys Gino or Sonia brands, but they were out of stock.

Her post generated reactions and forced the management of the company to involve the police through a petition to the I-G.

The controversy also prompted scrutiny of the product’s registration, prompting the National Agency for Food and Drug Administration and Control (NAFDAC) to carry out an inspection on the Erisco Foods’ Nagiko Tomato Mix’s registration in 2021.(NAN)(www.nannews.ng)

TOA/SH

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edited by Sadiya Hamza

Alleged N1.85bn fraud: Court remands 2 REA officials

Order

By Taiye Agbaje

Abuja, June 13, 2024 (NAN) A Federal High Court, Abuja, on Thursday, ordered two staff of the Account and Finance Department of the Rural Electrification Agency (REA) to be remanded in Kuje Correctional Centre over alleged N1.853 billion fraud.

Justice Emeka Nwite ordered the two officials; Umar Musa Laraye and Emmanuel Titus Pada, to be remanded pending their bail plea after they were arraigned on separate four-count charges.

The News Agency of Nigeria (NAN) reports that Justice Nwite had, on June 6, issued a bench warrant for the arrest of Laraye, Pada and Henrientta Onomen Okojie for failure to appear in court for their arraignment.

The judge gave the order after Osuobeni Akponimisingha, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), moved an oral application to the effect.

He then adjourned the matter until today for ICPC to produce Laraye and Pada in court, while Okojie’s case was fixed for June 14 (Friday).

The ICPC had preferred separate four-count charges against the affected officials over allegations of misappropriation of public funds meant for the provision of electricity to rural communities across the country.

In the first charge marked: FHC/ABJ/CR/204/24, the anti-corruption agency sued Pada as sole defendant.

The commission sued Karaye in the second charge marked: FHC/ABJ/CR/202/24, while Okojie was equally sued in the charge number: FHC/ABJ/CR/203/24.

When the cases involving Laraye and Pada were called, Akponimisingha informed the court that the matters were scheduled for them to take their plea.

The anti-corruption commission lawyer applied that the June 6 bench warrant be vacated against them since the defendants were in court and Justice Nwite granted the request.

After the separate four-count charges were read to them, they pleaded not guilty and Akponimisingha applied for a trial date.

But Idoko Alhassan, who appeared for the two defendants, told the court when the first matter involving Laraye was heard that he had already filed a bail application on behalf of his client dated June 11.

Alhassan said the application was duly served on the prosecution on Tuesday.

Responding, Akponimisingha said he was yet to receive the copy of the bail.application.

The judge equally said that the prosecution was still within time to respond to the application.

Justice Nwite, who adjourned the matter until June 20 for hearing of the bail application, ordered Laraye, including Pada, to be remanded in Kuje Correctional Centre.

He then fixed their trial until July 10.

NAN also reports that on June 6, the ICPC arraigned Usman Ahmed Kwakwa, also an official of REA, on a four-count charge bordering on fraud.

Kwakwa pleaded not guilty to the counts preferred against him.

Justice Nwite admitted him to a N50 million bail.(NAN)(www.nannews.ng)

TOA/SH

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edited by Sadiya Hamza

Student jailed 6 months for swindling American woman

Sentence
By Uche Bibilari
Gwagwalada (FCT), June 13, 2024 (NAN) A High Court Gwagwala, FCT,  on Thursday sentenced a 19-year-old student, Jayeola Goodnews to six months imprisonment for defrauding an American woman of 540 dollars.

The Economic and Financial Crimes Commission (EFCC) charged Goodnews with one count of fraud.

He pleaded guilty to the charge and begged the court for leniency.

Delivering judgment, Justice Aliyu Shafa, gave him an option of fine of N200, 000.

Shafa ordered that the 540 dollars recovered from the convict be forfeited to the federal government through the EFCC.

Earlier, the convict had pleaded with the court for mercy, adding that he regretted his action and promise not to engage in such again.

“I am sorry for committing the crime and I will not do such again, I was introduction into internet fraud by my cousin and I promise not to do that again,”he pleaded.

The Defence Counsel, Nnamdi Akuneto in support of the allocutus by the convict told the court that the convict has been remorseful and regrets his actions.
Akuneto pleaded with the court to tamper justice with mercy.

The Prosecution Counsel, Daniel Iloakasia told the court that the convict and his counsel had entered and signed a plea bargain on May 22.

He told the court that the convict sometime in 2023 swindled, Michelle, an American of 540 dollars.

He said that the convict who presented himself as Lee kwagsoo, an actor, used the google account known as leekwagsoo5-47@gmail.com.

He said that the offence contravened the provisions of Section 320(a) and punishment under Section 322 of the Penal Code Cap 532 of the Federation of Nigeria, 2004.

The prosecutor in an application prayed the court to order the forfeiture of the 540 dollars recovered from the convict . (NAN) (www.nannews.ng)
UU/SH
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edited by Sadiya Hamza

Stealing

By Chidinma Ewunonu-Aluko

Ibadan, June 13, 2024 (NAN) A 51-year old man, Raufu Nureni, was on Thursday arraigned before an Iyaganku Magistrate’s Court, Ibadan, for allegedly stealing 12 goats valued N960,000.

Nureni, whose address was not provided, is being charged with conspiracy and stealing.

The Prosecutor, ASP Anthony Igori, told the court that the defendant committed the offence between June 6 and 9, in the Apete area of Ibadan.

Igori alleged that the defendant stole six goats worth N570,000 belonging to Mrs Yemisi Ajayi, and another three goats valued N140,000 owned by Mrs Toyin Michael.

He further said that Nureni stole three other goats worth N250,000 belonging to Mrs Khadijat Sanusi.

The prosecutor said that the offences contravened Sections 516 and 390(9) of the Criminal Laws of Oyo State, 2000.

The defendant pleaded not guilty to the charge.

The Magistrate, Mr Olaolu Olanipekun, granted the defendant bail in the sum of N200,000 with two sureties in like sum.

He adjourned the case until July 3 for hearing.(NAN)(www.nannews.ng)

CC/NNO/AZU

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Edited by Nick Nicholas and Azubuike Okeh

Remand
By Raji Rasak
Badagry (Lagos State), June 13, 2024 (NAN) A Badagry Chief Magistrates’ Court in Lagos on Thursday ordered the remand of two men in a correctional centre over alleged unlawful possession of gun and attempted murder.
The police charged Azeez Sodiq, 28 and Taiwo Hassan, 24 with felony, unlawful possession of firearm, attempted murder and also belonging to an unlawful society.
The Magistrate, Mr A.J. Aina, directed the police to return the case file to the office of the Lagos State Directorate of Public Prosecutions (DPP) for legal advice.
He, thereafter, adjourned the case till Sept. 30.
Earlier, the Prosecutor, Insp Edet Ekpe, told the court that Sodiq, Hassan and others, now at large, committed the offences on May 27 at No. 3, Yahaya Close, Check-point, Badagry area of Lagos.
Ekpe said that the suspects conspired among themselves to commit felony to wit: unlawful possession of locally-made pistol.
He said that the defendants were arrested with one life cartridge.
“The defendants and others, at large, unlawfully armed themselves with locally-made pistol, one life cartridge and attempted to murder one Risikat Wahab, the complainant,” he said.
The prosecutor said that the duo and others, at large, belonged to unlawful society known as Eye Confraternity.
According to him, the offences contravene the provisions of Sections 411, 51, 42 and 230 of the Criminal Law of Lagos State, 2015.
The News Agency of Nigeria (NAN) reports that Section 51 carries two years imprisonment for unlawfully displaying arms in public. (NAN) (www.nannews.ng)
ROR/DEB/WAS
Edited by ‘Wale Sadeeq

Student  jailed 1 year for swindling Chinese woman

Sentence
By Uche Bibilari

Gwagwalada (FCT), June 13, 2024 (NAN) A Federal Capital Territory (FCT) High Court in Gwagwalada, on Thursday sentenced a 21-year-old student, Adakole Peter to one year imprisonment for swindling a Chinese woman of 50 dollars.

The Economic and Financial Crimes Commission (EFCC), had arraigned the convict on two counts of cheating by impersonation and pretending to be a military personnel.

He pleaded guilty to the charges and begged the court for leniency.

Delivering judgment, Justice Aliyu Shafa, also gave him an option of fine of N150, 000.

Shafa ordered the convict to depose to an affidavit of good behaviour, adding that the Redmi cellphone being instrument used for the crime be sold and, the proceedS deposited in the Federal Government’s account through the EFCC.

He also ordered that the 50 dollars recovered from the convict be paid into the account of the Federal Government.

Earlier, the convict in his plea for mercy promised the court that he has realised his mistake and would not repeat such again.

“I have repented and realised my mistakes, I plead with the court to tamper justice with mercy”, he pleaded.

The Defence Counsel, Bridget Abang in support of the allocutus by the convict pleaded with the court to tamper justice with mercy.

Abang pleaded with the court to consider the plea of the convict and his age, adding that he was a first time offender.

The Prosecution Counsel, I.D Iloakasia, told the court that the convict and his counsel had entered and signed a plea bargain on June 10.

Iloakasia said that the convict between April and May within the jurisdiction of the court deceived his victim while pretending to be Steve M Marks a military personnel.

He said the convict carried out an illegal act to which he induced one Ruth Novick, a Chinese citizen to deliver to him the sum of 50 dollars worth of gift cards.

He said that the convict sold it via the internet at the sum of N20, 000.

The prosecutor said the offence contravened the provision of Section 321 of the Penal Code Act, Laws of the Federation Abuja, 1990 and punishable under Section 324 of the same Act.

The prosecutor had earlier prayed the court that the money and instrument recovered from the convict be forfeited to the Federal Government through the EFCC. (NAN) (www.nannews.ng)

UU/DCO/SH
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Edited by Deborah Coker/Sadiya Hamza

Judgment

by Edith Nwapi

Abuja, June 13, 2024(NAN) The Supreme Court on Thursday, reserved judgment in a suit filed by the Federal Government against the governors of the 36 states of the federation over alleged misconduct in the administration of Local Government Areas.

Justice Garba Lawal, who led a seven-member panel of Justices of the apex court reserved judgment after all parties adopted their various written addresses earlier.

Lawal said the date for judgment will be communicated later.

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, had on behalf of the federal government sued the 36 states over the manner the governors are running the LGs funds.

In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives.

Fagbemi in the originating summons is praying the Supreme Court for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

He also sought an order of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognized and guaranteed democratic system.

He applied for an order of injunction restraining the governors, their agents, and privies from receiving, spending, or tampering with funds released from the federation account for the benefit of local governments when no democratically elected local government system is put in place.

Fagbemi asked the apex court to invoke sections 1, 4, 5, 7, and 14 of the constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government.

The suit also wants the apex court to invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

In a 13-paragraph affidavit in support of the originating summons deposed to by Kelechi Ohaeri from the AGF’s office, Fagbemi averred that filed the suit under the original jurisdiction of the Supreme Court on behalf of the federal government.

The deponent asserted that local government system recognised by the constitution is a democratically elected local government council and that the amount due to local government councils from the federation account is to be paid to local government system recognised by the constitution.

That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to, at all times, give effect to the Constitution, and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.

Other prayers include: that the constitution of Nigeria recognises federal, state, and local governments as three tiers of government, and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.

By the provisions of the Constitution, there must be a democratically elected local government system, and the Constitution has not made provisions for any other systems of governance at the local government level other than a democratically elected local government system.

In the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system, even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

The failure of the governors to put a democratically elected local government system in place is a deliberate subversion of the 1999 Constitution, which they and the President have sworn to uphold.

Fagbemi also said that all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system have not yielded any result.

The AGF said that the federal government continued to disburse funds from the Federation Account to the governors for non-existing democratically elected local governments to undermine the sanctity of the 1999 Constitution.

He averred that in the face of the violations of the 1999 Constitution, the federal government is not obligated, under Section 162 of the Constitution, to pay any state funds standing to the credit of local governments where no democratically elected local government is in place. (NAN)
(www.nannews.ng )

NEO/SH

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edited by Sadiya Hamza