Category: Judiciary

Court remands man for allegedly shooting, killing she-Goat

Remand

By Chidinma Ewunonu-Aluko

Ibadan, June 10, 2024(NAN) An Iyaganku Magistrates’ Court in Ibadan, on Monday ordered the remand of a 44-year-old man, Raimi Saka, in a correction centre for allegedly shooting and killing a She-goat while armed.

Saka, whose address was not provided, is charged with possession of dangerous weapons.

The Magistrate, Mrs Kausarat Ayofe did not take the plea of Saka for want of jurisdiction.

She directed the police to return the case file to the Director of Public Prosecution (DPP) for legal advice.

She adjourned the case until Aug. 8 for mention.

The Prosecutio Counsel, Insp Toyin Ibrahim, told the court that the defendant allegedly committed the offence on June 1, at about 9 p.m., at Ayegun, Oleyo area of Ibadan.

Ibrahim alleged that the defendant while armed with dangerous weapons killed one She-goat, property of one Mr Babatunde Azeez.

He said the offence contravened Section 1(2) of the Robbery and Firearms Laws of Nigeria, 2004. (NAN)

CC/DCO/SH

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Edited by Deborah Coker/Sadiya Hamza

Murder

By Chidinma Ewunonu-Aluko

Ibadan, June 10, 2024 (NAN) An Iyaganku Magistrates’ Court in Ibadan, on Monday remanded one Taiwo Adewale, 35, who is facing charges of murder and attempted murder.

The Magistrate, Mrs Adebola Adeola, who did not take the plea of the defendant for want of jurisdiction, ordered that he should be remanded at the federal correctional centre, Agodi, Ibadan.

She directed the police to return the case file to the Director of Public Prosecution (DPP) for legal advice and adjourned the case until June 28 for mention.

Earlier, the Prosecutor, Insp Iyabo Oladoyin, had told the court that the defendant allegedly committed the offences on Jan. 28, at 5:00 p.m., at Ariku-Oko village, Ibadan.

Oladoyin alleged that Adewale unlawfully caused the death of one Semiu Olaosebikan, 46, by shooting him with a gun.

She also alleged that Adewale unlawfully attempted to murder one Soliu Jimoh and Ibrahim Adebayo by shooting at them.

Oladoyin said that the offences contravened Sections 324 and 319 of the Criminal Laws of Oyo, 2000. (NAN) (www.nannews.ng)
CC/DEB/DCO/AOS
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Edited by Deborah Coker/Bayo Sekoni

Alleged N2.8bn fraud: EFCC opens case against Sirika, others

Case
By Edith Nwapi

Abuja, June 10, 2024 (NAN) The Economic and Financial Crimes Commission (EFCC) on Monday in a Federal Capital Territory (FCT), High Court , Maitama opened its case of alleged N2.6 billion fraud against former Aviation Minister, Hadi Sirika and three others.

The EFCC dragged Sirika alongside his daughter, Fatima; Jalal Sule Hamma and Al-Duraq Investment Limited, for abuse of office and contract fraud.

They are standing trial before Justice Sylvanus Oriji on a six counts.

At the hearing, Azubuike Okorie, a subpoenaed witness of the EFCC testified as the first witness, (PW1)

He said he was a retired staff of the Federal Ministry of Aviation, director, Procurement and Special Assistant to the Honorable Minister, Projects(2022-2023) and Chairman, Project Implementation Committee

When led in evidence by the prosecution counsel, Rotimi Jacobs, SAN the witness said as Special Assistant, he was responsible for monitoring and evaluating projects.

” The Project Implementation Committee ensures the execution of projects ”

When asked about what he knew about the contract to Al-Duraq Global Investment by Federal Ministry he said

” I was not involved in contracts and my committee is also not involved in awarding  contracts.

When asked to tell the court how he got exhibit tagged “List, 2021 Projects” he said

” These documents were the ones the then Minister asked me to send to the Permanent Secretary and I did that by making photocopies.

” Let me answer it this way, these documents were given to me, I was not there when he wrote on it but I will assume, it is the minister(Sirika) that wrote in red pen because only ministers write in red pen. ”

He said he saw N800 million against Al-Duraq Global Investment Limited and Apron Expansion and aware the contract was given to the above company.

He added that before a contract is awarded, the users agency, in this case, Federal Airport Authority of Nigeria (FAAN), would have secured the land.

“Well, the team of the Project Implementation Committee came in contact with Al-Duraq in Kastina when we went for project monitoring and implementation at Kastina airport.

“When we got there, because we had a list of other contractors who were supposed to be on ground including Al-Duraq, we did not find any of them on site then.”

The witness further said that as of the time he left civil service in May 23, 2023 to the best of his knowledge, the contract was not executed.

When asked if he was aware that 100 per cent payment was made to the fourth defendant before he left office?

He told the court that he is only aware of the 30 per cent mobilisation fee paid to them.

He added that as Chairman, Project Implementation Committee, he was not involved in payments.

” As aformer director, what I know is that payments were made in stages,” he said

Jacobs told the court that, that was all for the witness.

Chief Kanu Agabi, SAN counsel for Sirika (1st defendant) told the court that the was  just served with the papers today and needed time to go through it.

” I beg let’s come back tomorrow.”

Mahmoud Magaji, SAN for Fatima (2nd defendant) Michael Numa, SAN for Al-Duraq Investment allied with him.

The prosecution counsel, Jacobs did not object to their prayer.

Justice Oriji then adjourned until Tuesday for cross examination and continuation of trial. (NAN)
(www.nannews.ng )

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edited by Sadiya Hamza

Alleged extra-judicial killings: lawyer files leave to appeal against judgment

Appeal

By Taiye Agbaje

Abuja, Jan. 9, 2024 (NAN) An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong, has filed a motion for leave to appeal at the Supreme Court, the judgment of Court of Appeal, Abuja delivered on March 27, which dismissed his case against the Federal Government.

It would be recalled that the Court of Appeal had, on March 27, dismissed Ekpenyong’s appeal on the alleged prevalence of extra-judicial killings in the country and affirmed the decision of the trial court.

The appellate court upheld a Federal High Court (FHC) Abuja judgment delivered by Justice Nkeonye Maha, on May 6, 2022, that dismissed his suit seeking to address the alleged increasing cases of extra-judicial killings by the law enforcement agencies and non-state actors in Nigeria.

The three-member Justices, chaired by Justice Joseph Oyewole, unanimously held that the appellant, Ekpenyong of the law firm of Fred-Young & Evans LP, lacked requisite locus standi (legal right) to institute the suit.

Justice Oyewole-led panel also awarded a N250, 000 costs against the lawyer.

However, in a notice of notion for leave to appeal marked: CA/ABJ/PRE/ROA/CU/582mi/2024 between Emmanuel Ekpenyong Esq. Vs. President, Federal Republic of Nigeria and Attorney-General and Minister of Justice of the Federation, the lawyer sought two orders.

The motion, dated and filed June 5, was made available to newsmen on Sunday in Abuja.

He sought an order granting him leave to appeal against the decision of the Appeal Court in appeal number: CA/ABJ/CV/1200/2022, on grounds of mixed law and facts as set out in his proposed notice of appeal annexed as “Exhibit JO3.”

He also sought an order granting leave to him to appeal against the concurrent findings of the FHC in suit no. FHC/ABJ/CS/755/2020; and the judgment of the Appeal Court in appeal no. CA/ABJ/CV/1200/2022; on the extent of his right to life guaranteed under Section 33 (1) of the 1999 Constitution (as amended).

In the proposed notice of appeal, Ekpenyong contended that the Appeal Court justices misdirected themselves and erred in law when they held that reasonable cause of action vest him with the requisite locus standi to institute the suit.

He said the judges also erred in law when they failed to consider the provisions of Article 3 (e) of the Fundamental Right Enforcement Procedure Rules, 2009 which confirmed his locus standi in the suit.

He said instead, they relied on the general principle of law on reasonable cause to arrive at the conclusion that he had no locus standi to institute his fundamental human right suit.

He argued that the appellate court erred in law when they held that his suit for interpretation of the extent of his constitutional right to life enshrined in Section 33 (1) of the Constitution did not disclose a reasonable cause of action and is mere academic and hypothetical.

According to him, the Court of Appeal did not state why the surviving paragraphs of the affidavit in support of the originating summons did not constitute a reasonable cause of action.

Ekpenyong equally argued that the court erred in law when it affirmed the trial court’s award of N100, 000 costs against him and awarded an additional cost of N250, 000 against him, even where the trial court did not state its reason for the fine.

Besides, he said that no valid reason could be seen from the Court of Appeal’s sanction as well against him for prosecuting a suit for interpretation of his constitutional right to life enshrined in Section 33 (1) of the Constitution”

Against these backgrounds, he argued that “the findings of both the trial court and Court of Appeal is perverse and was reached as a result of a wrong approach to the evidence before them and a wrong application of principle of substantive law and procedure.”

He said there was a need for him to appeal their decision to the Supreme Court for the court to interfere with the findings of both courts.

“This constitutes an exceptional circumstance for this Honourable Court to grant this application,” Ekpenyong said.

He equally said that being dissatisfied with the judgment of the Court of Appeal, he is desirous of appealing against the concurrent findings in the judgment of both the lower and upper courts on questions of mixed law and facts.

The lawyer said the application is made in the interest of justice.(NAN)www.nannews.ng)

TOA/SH

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edited by Sadiya Hamza

Senior advocate wants Nigerian Law Reform Commission to do more

Reform

By Ebere Agozie

Abuja, June 9, 2024 (NAN) A Senior Advocate of Nigeria (SAN) Mr Mohammed Ndarani, says the Nigerian Law Reform Commission (NLRC) should be properly funded to deliver on its mandate.

Ndarani said this in an interview with the News Agency of Nigeria (NAN) on Sunday in Abuja.

He said that the commission should be  enabled to deliver on its mandate by constantly researching, reviewing, and reforming laws in the land.

The NLRC has the responsibility to conduct research, take and keep under review, all federal laws, with a view to their systematic and progressive development and reform.

It is mandated to do so in consonance with the prevailing norms of Nigerian society, to codify such laws, eliminate anomalies, repeal obsolete, spent, and unnecessary enactments, reform procedural laws in consonance with changes within the machinery of administration of justice.

The Commission can also, among other means, perform its functions based on proposals for law reform made or referred to it by the Attorney-General of the Federation (AGF) or the National Assembly.

It can also, by its own initiative, propose a programme for examination of different branches of law for reform, and submit same to the Attorney-General and the National Assembly.

Ndarani said that the NLRC needed to be more proactive in addressing obsolete and outdated laws in the country.

He noted that the presence of obsolete sections and aspects of the nation’s laws was one of the major problems bedevilling its economic progress and development.

The senior advocate said that such laws do not have any practical relevance to the realities of today’s Nigeria but were still being relied upon as binding.

“The presence of laws which are not in alignment with the laws in operation in the countries with which we do business would defeat the intendment of such operations as it would erode the basis for such activity,’ he added.

According to him, such laws also erode and retard administration of justice based on the nature of their  prescriptions and fines imposed, when considered against present day realities.

“Examples include Sections 210 (Witchcraft) and 370 (Bigamy) of the criminal Code Acts and criminal Code Laws of States.

“Witchcraft Act stipulates that anyone caught practicing magic and witchcraft has committed an offence. The problem is how do you ascertain what is magic and witchcraft? No one has been tried and convicted of this offence till date.

“Bigamy refers to the act of entering into a marriage with one person while still legally married to another.

“It applies to both men and women, especially under the Matrimonial Causes Act. No one has been successfully prosecuted on this offence since the law was made.

“The legality and validity of this law is put to serious question in the light of cultural and Islamic values which support marriage to more than one wife at the same time’’.

He, however, noted that only Lagos State had decriminalised bigamy, which meant that it was no longer a crime in Lagos State to marry another woman/man, where there was an already existing valid statutory marriage.

He said although NLRC was established in 1979 to reform in consonance with changes within the machinery of administration of justice, it had not been able to achieve much in relation to the mandate.

Ndarani said that dependence on obsolete and outdated laws limited development of the country.

“The exclusivity of the rights vested on the federal government is what has made several states lazy as they just wait to receive and share monies accruing to them from the federal allocation every month.

“These laws make us bound to misguided policies of exploitation, frustrate import – export substitution, and diversification drives,” he said.

According to him, obsolete maritime laws in the country also result in huge losses.

He said that any law that does not reflect the realities of the present day, in science, technological development, cultural advancement should not be lavishly deployed.

“This is one sure path to a better Nigeria and also a good path to pulling this country out of the woods,’’ the senior advocate said. (NAN) (www.nannews.ng)

EPA/IAA/SOA

Edited by Isaac Aregbeeola/Oluwole Sogunle

Nutritionists harp on benefits of palm oil consumption

Palm

By Adenike Ayodele

Lagos, June 9, 2024 (NAN) Some nutritionists and lifestyle experts have urged Nigerians to use palm oil, instead of other vegetable oils, due to its nutritional value.

Mrs Olufunmilola Adewumi, Chief Nutritionist and  Head of Department, Shomolu General Hospital, told the News Agency of Nigeria (NAN) in Lagos.

According to her, components of palm oil are linoleic acid (Omega 6), carotenoids (anti-oxidants), phytosterols, vitamin K,  lauric acid and capric acid, medium chain triglycerides (anti-microbial and anti-fungal agent).

Adewumi, also a registered dietitian, noted that  though  vegetable oil commonly known  as “ororo” and palm oil  known  as “epo” in yoruba dialect belonged to the class of vegetable oils, they were of different categories,  classifications and benefits.

She stated that vegetable oils, also known as plant oils, were derived from oil seeds, grown mainly for their oil e.g. canola corn, cottonseed, olive, palm kernel oil, coconut, peanut, sunflower and soyabean.

She further said that palm oil had higher percentage of saturated fats of about 51 per cent, mono-saturated fats of 39 per cent, and poly-unsaturated fats of 10 per cent.

Speaking further, she added that vegetable oil had 15 per cent of unsaturated fats, 50 per cent of mono-saturated fats and 35 per cent of poly-unsaturated fats.

The dietitian then noted that palm oil had lots of health benefits over vegetable oil.

According to her, palm oil enhances the absorption of essential vitamin A, adding that its specific type of saturated fats (palmitic acid) is not associated with raising Low Density Lipoproteins (LDL) cholesterols.

“Due to its rich source of vitamin E, lycopene, beta-carotene, palm oil serves as antioxidants that reduce oxidative stress, prevents cancer, safeguards the brain tissues and reduces age-related muscular  degeneration.

“It also contains vitamin K, which is crucial for blood clotting and bone health and when ingested moderately daily, it provides cardio-protective, anti-diabetic, anti-inflammatory and anti-thrombotic effects.

“When palm oil is used tropically, it restores hydration to dry skin,  soothes headaches, reliefs pain associated with rheumatism and aids healing of wounds and skin infections.

“It eliminates dandruff,  thereby supporting hair growth, has anti-caking property that prevents lumps from forming in powdered products and it soothes bruises and sunburns,” she said.

Adewumi, however, said regardless of the oil one chooses to use, it was important to be mindful of the amount of oil usage in cooking for a healthy lifestyle.

“While oil is an essential ingredient that adds flavour and texture to our dishes, excessive consumption can lead to numerous health issues such as weight gain, heart disease and high cholesterol levels.

“By using little oil in our cooking, we can reduce our overall calorie intake, maintain a healthy weight and lifestyle,” the nutritionist said.

In her contribution, another  Lagos-based registered dietician and nutritionist, Ms Adaeze Oparaku, said the usage of palm oil on all dishes was healthy, if it was not bleached.

Oparaku added that  palm oil had the highest source of Vitamin A in the form of beta carotene, compared with other foods.

“As a matter of diversity,  one can incorporate both palm oil and vegetable oil,  but remember moderation is key.

“There are vitamin A fortified vegetable oils one can use, but one should take note that the vegetable oils with higher levels of Poly-unsaturated fats, monounsaturated fats and low levels of saturated fats are healthier,” she said.

Also speaking, a CyberRisk Management Specialist in Dallas, U.S., Ms Momo Akwara, said palm oil should be the preferred oil for consumption in Nigeria, because vegetable oils were toxic when heated.

Akwara, who is also a Nutrition Adviser, said that usually Nigerians cooked for a long time and as a result, “the process of making vegetable oils become very toxic”.

She added that extraction of oils from the seeds for instance was time consuming and as a result, they became toxic when exposed to heat.

She said the total inclusion of palm oil into daily diets prevented some major diseases.

 According to her, the preferred cooking oils are the likes of organic natural butter, coconut oil and palm oil.

“These oils have a higher smoked point and that is why I constantly educate Nigerians because,  we tend to cook for much longer and palm oil is  natural oil for us, if you get the original one that has not been mixed.

“Palm oil is much healthier,  but if you take the same palm oil and bleach because you want to make ofada sauce, you are also killing the oil nutrients.

“I, for example, do not consume ofada sauce anymore,  because it is not healthy and research has found out that these so called vegetable oils are toxic when exposed to heat and are not fit for human consumption,” she stated.

The specialist, while agitating for the removal of vegetable oil from Nigerian kitchens, however, encouraged those who could not do without vegetable oil,  to extract oil from some fatty meats.

“The fats from our meat should be able to give us enough oil that we need, and the way we cook should also change,  because we must not re-use the same oil.

“We must educate the public that vegetable oils are dangerous to the point of being carcinogenic.

“I have been educating people on the dangers of consuming vegetable oils for 10 years and I can tell you for a fact that vegetable oils  are one of the leading causes of inflammation and it is one of the root causes of diseases,” she said.

Akwara urged Nigerians to do everything within their powers to prevent diseases and embrace healthy feeding. (NAN)(www.nannews.ng)

OAR/CCN/IFY

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Edited by Ifeyinwa Omowole

Jail
By Adenike Ayodele
Ikeja, June 7, 2024 (NAN) An Ikeja Sexual Offences and Domestic Violence Court on Friday sentenced a butcher, Jelili Moshood, to 14 years imprisonment for attempting to rape a vulnerable 78-year-old woman suffering from dementia.
The News Agency of Nigeria (NAN) reports that Moshood was sentenced  to 14 years imprisonment by Justice Rahman Oshodi, following his plea bargain agreement to attempted sexual assault by penetration.
Oshodi held that he considered the facts of the case, the plea bargain agreement reached between the prosecution and the defence.
He added that he considered the convict’s guilty plea to the amended charge of attempt to commit sexual assault by penetration.
Consequently, the court convicted Moshood and sentenced him to 14  years imprisonment as agreed in the plea bargain to commence on Jan. 2,  2019, the date of his remand.
The judge said the facts established in the case were that the convict, under the guise of helping, isolated the vulnerable 78-year-old woman suffering from dementia and proceeded to assault her, causing her physical injury and trauma sexually.
He said: “This predatory and depraved conduct shocks the conscience and warrants strong condemnation and a lengthy custodial sentence.
“The victim impact has been severe though the victim has since passed away, one can only imagine the fear, anguish and suffering inflicted upon her in the final months of her life by the convict’s heinous actions.
“Her family will have to live with that painful reality and this sentence considers the convict’s guilty plea and the sparing of the victim’s family from the ordeal of testifying in court.
“However, it must also send a clear deterrent message that sexual violence against society’s most vulnerable will be met with severe consequences.
Oshodi said the agreed 14 years sentence reflected the egregious breach of trust, the physical and emotional harm caused and the need to protect the public from the convict, who would be registered as a sex offender.
“Jelili Moshood, this court hopes that during your lengthy imprisonment, you will have occasion to reflect deeply on your actions and emerge with genuine remorse and rehabilitation,” the judge said.
NAN reports that the Lagos State Government had initially charged  the convict with  rape in which the medical report and the result of the medical examination were received in evidence as Exhibit F.
It revealed documented physical trauma and forceful penetration of the victim’s vagina.
The court had held that the preceding factual matrix was distilled from the testimonies of one ASP Babatunde Asifat, Prosecution Witness One (PW1) and one Insp. Olakunle Orebe, Prosecution Witness Two (PW2), and the defendant’s’s confessional statement (Exhibit B1).
The court had also held that the extensive cross-examination by the learned defence counsel did not unearth any contradiction of PW1’s evidence.
The judge said that instead, it strengthened it.
“Seeing the strong evidence against him and after PW2 had given his evidence-in-chief, the defendant applied to the Hon. Attorney-General of Lagos State for a plea bargain through his counsel, Mr Yusuf  Oyebanji,” the court  held.
The state counsel, Ms Bukola Okeowo, had on May 31 informed the court that the parties had entered a plea and sentence agreement dated and filed on May 30.
The convict’s charge was, thereafter, changed from rape to attempt to commit sexual assault by penetration, which contravened Section 262of the Criminal Laws of Lagos State 2015. (NAN)
(www.nannews.ng
OAR/JNC
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Edited by Chinyere Joel-Nwokeoma

Council crisis: Court summons UniAbuja VC

Suit
By Taiye Agbaje

Abuja, June 7, 2024 (NAN) A Federal High Court, Abuja, on Friday, ordered the Vice Chancellor (VC) of University of Abuja, Prof. Rasheed Na’Allah, to appear before it on June 13 to show cause why the planned inauguration of the newly elected Internal Governing Council Members of the institution should not be stopped.

Justice Inyang Ekwo gave the order, in a ruling, shortly after the plaintiffs’ counsel, Maxwell Opara, moved an ex-parte motion to the effect.

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 the motion dated and filed June 5 through their lawyer, 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.

They equally sought an interim injunction restraining the 2nd to 4th defendants from recognising, accepting or otherwise having anything to do with any person or persons purportedly elected as Internal Council Members of the university’s Governing Council by Na’Allah pending the determination of the substantive suit.

The plaintiffs sought an interim injunction stopping any person or group of persons newly elected as members of Internal Governing Council by the VC in an election conducted on May 28 from parading themselves as of the council pending the determination of the motion on notice.

They prayed the court to make an interim order restraining Na’Allah from setting up any administrative panel of inquiry or disciplinary committee for the purpose of sanctioning, discipline or questioning the six of them who are the substantive parties in this suit, as any of such as will be prejudicial to the unfettered powers of the honourable court.

Giving six grounds why the motion should be granted, they argued that the case was duly filed on May 22 and copies of all the processes duly served on Na’Allah by the bailiff

They said despite the pendency of the suit in court, Na’Allah conducted “the purported election of new Governing Council on May 28, 2024.”

“The inauguration of the Council of Federal Universities may take place at any moment and presenting the purportedly elected persons as internal Council members of the University of Abuja would have the effect of destroying the res in this case.

“That the 1st defendant/respondent is intimidating the claimants for approaching court,” they said, among others.

Justice Ekwo then ordered the plaintiffs to put the defendants on notice of the motion ex-parte within three days of the order.

“Defendants/Respondents to show cause on the next date of hearing the prayers of the plaintiffs/applicants on the motion ex-parte ought not be granted,” he said.

The judge subsequently adjourned the matter until June 13 for defendants to show cause.(NAN)(www.nannews.ng)
TOA/SH

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edited by Sadiya Hamza