JUST IN: Court shifts date for judgement in Gov Ayade’s defection case.

A Federal High Court, Abuja has shifted the date to deliver judgment on suit challenging the defection of Governor Ben Ayade of Cross River State till April 7.

A Federal High Court sitting in Abuja on Wednesday, postponed judgment delivery on the defection suit instituted by the Cross River State chapter of the Peoples Democratic Party (PDP), against Governor Ben Ayade, till April 7.

Presiding judge, Justice Taiwo Oladipupo Taiwo, halted delivery of the judgment to enable him consider the implications of a Court of Appeal fresh judgment on the defection and other related matters.

The Court of Appeal, Enugu Division, last Friday, held that defection of Ayade from the PDP to the ruling All Progressives Congress (APC) did not constitute any known offence but constitutional rights of freedom of association as enshrined under Section 40 of the 1999 Constitution.

In a counter suit, counsel to the governor, Mike Ozekhome, SAN, had drawn the attention of the court to the Court of Appeal judgment and prayed the court to bow and respect the decision of the higher Court of Appeal, which prompted Justice Taiwo to shift the judgement delivery.

Ayade and his deputy, Ivara Esu, had in May 2021, defected from the PDP to the APC, prompting the PDP to ask the court to declare their seats vacant.

Photos: IPOB leader, Nnamdi Kanu arrives court amid tight security

Embattled leader of the Indigenous People of Biafra, (IPOB), Nnamdi Kanu has arrived the Abuja Federal High Court for the continuation of his trial.

He is facing charges bordering on terrorism and treasonable felony.

Daily Post reports that Kanu was in a convoy of about six vehicles that drove into the court premises around 8am on Thursday morning by operatives of the Department of State Service (DSS).

The convoy was led by a black Prado jeep, followed by two Hilux vans, two buses, and two other Hilux vans.

Before his arrival, security operatives including DSS, Nigerian Army, Police and the NSCDC had cordoned off all entrances leading to the headquarters of the court.

Court summons Ogun Assembly over suit filed by ex-OPIC chief

Justice Peter Lifu of the Federal High Court in Lagos has summoned the Ogun State House of Assembly to show cause within seven days, why it should not be restrained from proceeding with the case by the former Managing Director of the Ogun State Property Investment Corporation (OPIC) Mr Jide Odusolu.

The judge made the order on Monday sequel to a motion moved by Odusolu’s counsel, Adetunji Adedoyin-Adeniyi.

Odusolu’s counsel argued on why the court should grant the interim reliefs contained in his client’s motion ex parte.

However, the court ordered the respondents in the suit to show cause upon being served with the order and the court processes, why they should not be restrained in line with the interim reliefs sought by the plaintiff.

The respondents in the suit are the Inspector-General of Police, Assistant Inspector-General of Police (AIG) in charge of Zone 2, Commissioner of Police in Ogun, the state House of Assembly, and the clerk of the Assembly.

On September 21, 2012, the Assembly had during its plenary purportedly adopted the report of its Committee on Anti-Corruption and Public Accounts which investigated the finances of OPIC and discovered huge sums of money allegedly missing from the agency’s accounts.

But Odusolu filed a suit before the court, seeking a declaration that the proceedings of the Assembly and the report of the committee which it purportedly adopted constituted an infringement on his fundamental right to a fair hearing.

He also sought a declaration that the Assembly lacked the competence to investigate the alleged crime and that the chairman of the committee was himself an interested party who served together with Odusolu in the previous administration and even inspected some OPIC projects, which he later claimed have not been executed.

Odusolu also asked the court to grant an order of injunction to restrain the Assembly from deploying the report to initiate any criminal complaint against him before the police and to restrain the police from acting on the said report, pending the hearing and final determination of the suit before it.

In a 40-paragraph affidavit deposed to by the plaintiff, he traced the series of projects executed by OPIC, adding that the accounts of OPIC have been audited by professionals and no fund was missing at all.

Justice Lifu adjourned the matter until November 1 for hearing.

Masari decries release of bandits, others by courts

The Katsina State Governor, Aminu Masari, has faulted the release of suspected bandits, rapists, and other criminals by the courts.

Masari, who spoke during the swearing-in of three newly appointed High Court judges in Katsina, charged the Nigerian Bar Association (NBA) to counsel its members who are in the habit of helping criminals to secure bail through the instrument of fundamental rights enforcement to be ethical and avoid comprise under cover.

He said: “We are in an unusual time of serious security challenges and must therefore put heads together to address these unusual challenges.

“We have had incidents where suspected bandits, terrorists, armed robbers, and rapists were released on bail only for them to commit the same offence.

Such ugly incidents could have been averted if bail was not granted at all.

“The overriding objective of every legal system, he said, is to deliver justice which is the best pivot and pillar that upholds the very best of decency and the best guarantee for peace, prosperity, and good governance.

“The age-long adage that justice delayed is justice denied, has been a thing of concern to the government.

“Thus there is the need to address the speed of justice among all stakeholders in the justice sector.

“It was in response to the Justice Sector Reform in the state that the state Administration of Criminal Justice Law (ACJL) 2019 and the state Penal Code Law, 2019 were repealed and replaced with the new laws of 2021.”

Drama in court as AGF, IGP ‘fight’ over who to prosecute trial of ex-gov, Ohakim

There was drama on Thursday at a Federal High Court sitting in Abuja, as the office of the Attorney General of the Federation (AGF) approached the court seeking to take over the case against the former governor of Imo State, Ikedi Ohakim, on criminal charges of a threat to the life of his mistress, Chinyere Amuchienwa.

The court had earlier slated Thursday for the arraignment of the former governor but a counsel from the office of the AGF, Bagudu Sani, approached the Court, saying the office of the AGF had taken over the case by a letter dated March 17, 2021, which he said had been served on the IGP.

According to Sani, the office of the AGF took over the case from the IGP to ensure that the prosecution was done diligently.

However, counsel for the police, Rufus Dimka, opposed the taking over of the case by the office of AGF, noting that the charges against the former governor were prepared by the office of the IGP, who is the complainant in the case.

In response, Justice Taiwo Taiwo told Sani that he had taken judicial notice of the letter but maintained that the counsel should file the letter formally before the court.

He deferred the arraignment of the former governor to May 6, 2021, to enable parties to file and serve written addresses on the property of the office of the AGF taking over the case from the Police.

Ohakim has been on police administrative bail since November 11, 2020, when he and one Chinedu Okpareke were dragged to court by the police over allegations of threat to life and the harassment of Amuchienwa.

According to the charge number, FHC/ABJ/CS/287/2020, Ohakim and Okpareke were alleged to have threatened to release a nude photograph of Amuchienwa if she fails to drop charges of attempted kidnap against them.

The Police in the five counts dated November 25, 2020, alleged that Ohakim and Okpareke, knowingly and intentionally transmitted communication through a computer system to harass and bully Amuchienwa, an offence that is punishable under Section 24(1)(a) of the Cybercrime Act 2015.

Malami says Nigerian govt to establish specialised courts, judicial divisions on GBV

The Federal Government is working towards the establishment of specialised courts and judicial divisions that will focus on sexual and gender-based violence (GBV), Malami revealed.

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN made this known while speaking at a virtual session on `Special Event on Gender Dimensions of Criminal Justice Responses to Terrorism’ on Monday, March 8.

The event was organised by the UN Office on Drug and Crime as part of events commemorating the 2021 International Women Day holding in Kyoto, Japan.

It focused significant attention on the issue of sexual and gender-based violence.

Malami recalled in 2020, he inaugurated the Inter-Ministerial Management Committee on Eradication of Sexual and Gender-Based Violence with the hope that it will be an important tool in helping Nigeria to address gender-based crimes.

He said the Complex Case Group under his office, in collaboration with relevant stakeholders, leads in the efforts to bring suspected terrorists to justice.

‘`We also in collaboration with the military, police, and other security service investigators from the multiagency Joint Investigation Centre, in North-East worked to include sexual-violence related charges against Boko Haram suspects’’.

He said that the current administration knows well that giving a voice to women is an important aspect of development as women are important agents of positive change.

He noted with dismay that terrorist groups continue to kidnap and commit sexual and gender-based violence against women and girls.

Preventing these crimes and bringing those who commit these acts to justice remains a priority of the government of President Muhammadu Buhari.

“Another emerging area of grave concern is the abduction and kidnapping of teenagers in boarding houses for ransom.

“The perpetrators target this group of people possibly to scare them from schooling and this is indeed a sad situation.

“We must work to prevent both male and female perpetrators from carrying out these acts and support those who have been victims,” he said.

Malami assured that the Nigerian armed forces and law enforcement agencies are working day and night to combat insecurity, terrorism, kidnapping and abduction of people in the country.

He added that in partnership with UNODC as well as the European Union, the federal government launched the “Nigeria Training Module on Gender Dimensions in the Criminal Justice: Response to Terrorism”.

According to him, the Module provides practical guidance based on Nigeria’s legal framework as well as international and African regional laws and good practices to support Nigerian officials in addressing the issues of gender in the counter-terrorism context.

He said the Nigerian National Action Plan for Preventing and Countering Violent Extremism” notes the important role women play not only as policy-makers and law enforcement officers but also wives and mothers in preventing violent extremism and in de-radicalisation, rehabilitation and reintegration of offenders.

He said Nigeria also has developed a National Action Plan on the Implementation of Security Council Resolution 1325 on the Women, Peace and Security agenda which he said was relevant to respond to the needs and promote the role of women in efforts to address terrorism.

Court adjourns former NNPC GMD Yakubu’s trial to March 10

Justice Ahmed Ramat Mohammed of the Federal High Court, Abuja has adjourned till March 10, 2021 for continuation of cross examination in the ongoing trial of former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC) Andrew Yakubu.

Yakubu was arraigned in 2017 before Justice Mohammed on a six-count charge of failure to make full disclosure of assets, money laundering and intent to avoid a lawful transaction under law, having unlawfully transported at various times to Kaduna an aggregate sum of $9,772,800 and £74,000.

At the last adjourned date, January 14, the Court had reserved till today, ruling on the request by the prosecution, through its counsel, M. S Abubakar, for an order of court to move to CBN Kano branch for inspection of the sums of $9,772,800 and £74000 which are respective subject of counts three and four of the charge.

Abubakar urged the court to grant the Locus in quo in the overall interest of justice.
But, the defence counsel, Ahmed Raji, SAN had opposed the prosecution.

The learned silk argued that counts three and four can be effectively determined without a physical inspection of the cash sums of $9,772,800 and £74000.

At Wednesday’s hearing, Justice Mohammed refused the request by the prosecution for Locus in quo, saying it was unnecessary as doing so would place the money and the conveyers in danger. He also noted that the Court was satisfied by the affidavits presented by both the prosecution and defence and that trial could proceed without a physical inspection of the seized cash.

“I found paragraph 7-11 of the affidavit in support of the application quiet relevant, so also EFCC 2. I similarly refer to paragraph 6-10, 12, 17 and 18 of the defendant’s counter affidavit. I have already reviewed in this ruling, contention of the affidavit in support and counter affidavit.

Having these affidavits, I found no basis for the request for a visit to Kano for physical inspection of the money in question and come back to continue the proceeding”, he said.

Court jails man one year for cybercrime in Kaduna

Justice P. H. Malong of a Federal High Court sitting in Kaduna has convicted and sentenced one Felix Oyegbada to one year imprisonment for offence bordering on cybercrime.

Felix was convicted on Wednesday, February 3, 2021 after pleading guilty to one count amended charge preferred against him by the Kaduna Zonal Office of the Economic and Financial Crimes Commission, EFCC.

The charge reads, “that you Felix Oyebada “M” sometime between February and March, 2020 in Ekpoma, Edo State within the jurisdiction of the Federal High Court, did commit an offence to wit: retain possession of three(3) Fidelity Bank Plc ATM cards, issued in the name of different card holders (Christopher Omodiagbon, Peter Ayemere and Amiolemen Eric), which cards you knew were taken under circumstances which constitute card theft, and you thereby committed an offence contrary to Section 34 of the Cybercrime (Prohibition Prevention, Etc) Act 2015 and punishable under the same section”.

In view of his guilty plea, the prosecuting counsel M. Lawal urged the court to convict the defendant.

Justice Malong convicted and sentenced Felix to one year in prison with option of one million naira fine.

Court admits more evidence against oil firm, four others in alleged £2.5bn fraud trial

The Federal High Court, Lagos, on Wednesday admitted more evidence in the trial of Petro Union and Gas Limited and four other defendants for alleged £2.5billion fraud.

Other defendants are Abayomi Kukoyi, Prince Kingsley Okpala, Prince Chidi Okpalaeze, and Prince Emmanuel Okpalaeze.

The Economic and Financial Crimes Commission (EFCC) arraigned the defendants on a 13-count charge of conspiracy, obtaining by false pretence, attempt to steal, and forgery.

The commission also presented its seventh witness in court on Wednesday.

The witness, Shamsudeen Abu Lili, a Senior Manager with the Corporate Affairs Commission, (CAC) was led in evidence by the prosecuting counsel, Rotimi Jacobs (SAN).

Lili told the court that the CAC received a request from the EFCC on its plan to investigate Petro Union Oil and Gas over its alleged involvement in the fraud.

He said: “We had a request from the EFCC to provide Certified True Copies of documents with respect to Petro Union Oil and Gas.

“We responded and provided the documents relating to the registration of the company.”

He identified the documents in court.

The witness confirmed that the company was incorporated on December 28, 1979, with registration number 31157.

Jacobs, thereafter, applied to tender the documents before the court.

Subsequently, Justice A.M. Liman admitted in evidence the bundle of documents which included the letter of investigation from EFCC, as well as CAC pre and post-incorporation papers as Exhibit A-E.

He adjourned the matter till March 10 for the continuation of trial.

Court throws out EFCC money laundering case against Atiku’s lawyer

A Federal High Court in Lagos has dismissed a case of money laundering the Economic and Financial Crimes Commission (EFCC) instituted against former Vice-President Atiku Abubakar’s lawyer.

The court presided over by Justice Chukwujekwu Aneke sacked the case on monday.

Atiku’s lawyer, Uyiekpen Giwa-Osagie, and his brother, Erhunse, were dragged to the court by the EFCC on a three-count charge of money laundering to the tune of $2 million.

Giwa-Osagie was said to have delivered the money illegally to former President Olusegun Obasanjo during the 2019 general election.

However, ruling on the matter, the judge said that the anti-graft agency was unable to prove that the money was illegal.

During the trial, the prosecution counsel, Kufre Uduak, told the court that the EFCC sometime in 2019 gathered from intelligence that some politicians were moving around with US Dollars to influence the result of the last general elections.

However, ruling on the matter, the trial judge sacked the case for the commission’s failure to establish its claim.

Court picks March 1 for ruling in case seeking Abiru’s disqualification from Lagos by-election

Justice Chuka Obiazor of the Federal High Court, Lagos, on Friday fixed March 1 for ruling in the suit filed by the Peoples Democratic Party (PDP) candidate in the Lagos East Senatorial By-election, Babatunde Gbadamosi, seeking the disqualification of the All Progressives Congress (APC) flag bearer, Tokunbo Abiru, from the election.

Abiru was declared winner of the December 5, 2020 election by the Independent National Electoral Commission (INEC).

The judge picked the date after counsels to the parties had concluded their argument on the matter.

Gbadamosi had dragged INEC, Abiru, and APC to court and asked the court to disqualify the senator for alleged double registration and violation of section 31 of the Electoral Act, amongst others.

In the suit filed on its behalf by Ebun-Olu Adegboruwa (SAN), the PDP candidate asked the court to direct INEC to delete the name of Abiru and APC from the list of candidates and political parties for the bye-election.

In their responses, the respondents argued that the plaintiffs’ case lacks merit as the candidate was duly nominated and qualified for the by-election.

The APC was represented in the case by Abiodun Owonikoko (SAN) while Kemi Pinheiro (SAN) stood in for Abiru.