Court Strikes Out IGP’s Suit Seeking To Stop His Invitation By Senate

The Federal High Court in Abuja has struck out the suit filed by the Inspector-General of Police, Ibrahim Idris, challenging the power of the Senate President, Bukola Saraki, and the Senate to summon him over national issues relating to his office.

In a judgment delivered on Monday by justice John Tsoho, the court held that the IGP’s suit constituted an abuse of court process.

The court agreed with the arguments canvassed by the Senate President and the Senate that the suit, as filed by the police chief, is subjudice.

Justice Tsoho said he did not see any harm that would have been caused if the police boss had honoured the invitation of the Senate.

“I hold that the IGP ought to have honoured the invitation of the Senate, instead of running to the court to stop the Senate from investigating him.

“The action of the plaintiff amounts to an abuse of court process and, it is hereby struck out”, Justice Tsoho held.

The judge added that he was supposed to honour the second invitation of the Senate to him, having failed to respond the first one as he was on an official assignment to Bauchi State with President Muhammadu Buhari.

Justice Tsoho returned another suit the IGP filed against the Senate and its president to the Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati, for re-assignment to another judge for hearing and adjudication.

“This suit is similar to the one I just delivered judgment on and it will be in the interest of justice if this suit is returned to the chief judge for re-assignment to another judge.

“Consequently, this suit is hereby returned to the chief judge for re-assignment to another judge,” Justice Tsoho said.

The IGP had, in his suit prayed the court to restrain the Senate and its President, Bukola Saraki, or their agents or any committee from insisting that he must appear before the upper legislative chambers in person, to the exclusion of any of his subordinate officers.

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Ondo Court Sentences 7 To Death

An Ondo state High Court sitting in Akure. has sentenced seven young men to death by hanging and life imprisonment  for killing an American based man, Banji Adafin.

In one of their operations, the armed robbers that invaded the No. 5 Temidire street, Muyiwa Oni Avenue along Akure\Owo expressway residence of One Banji Adafin who recently travelled back from the overseas trip had killed him in cold blood in the presence of his wife and then carted away their properties.

The Seven convicted persons: Jimoh Sodiq a.k.a Akamo, Blessing Ogunlade, Yomi Balogun a.k.a Regal, Oluwaseun Oluwalola a.k.a Iyan, Akeem Adedayo, Oso John Omoniyi a.k.a Bosco and Sodiq Babatunde were found guilty of armed robbery, conspiracy to commit murder and for illegal possession of firearms.

Delivering the judgement that lasted four hours, the trial judge, Justice Samuel Bola  held that the prosecuting counsel and officials of the Department of state services, DSS had proved beyond reasonable doubt that the seven young men robbed and used gun to kill the U.S deceased Banji Adafin at his home on Owo expressway in Akure on 4th of July last year when he came to Nigeria for a vacation.

Justice Bola said the offenders committed the offences in contrary to the robbery and Firearms Act, laws of the Federation (2004) and the Criminal Code, laws of Ondo state (2006).

The Court also sentenced to one-year imprisonment, the eighth offender, Damilola Samuel a.k.a Mama who was the girlfriend of one of the convicts for allegedly aiding and keeping incriminating materials.

Reacting, counsels to the convicted persons, Abdulrahman Yusuf and Samuel Aiyesa, said the Judgement would be challenged at the Court of Appeal after thorough reviewing.

Also speaking, the government’s lawyer, Grace Olowoporokun who represented the state Attorney General, Mr Adekola Olawoye commended the verdict as a justice for the murdered U.S. based man.

Damilola was said to have aided in removing the plasma television, laptops and other incriminating materials suspecting to be stolen goods from the residence of the Blessing Ogunlade.

According to the charge sheet, the armed robbers that invaded the No. 5 Temidire street, Muyiwa Oni Avenue along Akure\Owo expressway residence of One Banji Adafin who recently travelled back from an overseas trip had killed him in cold blood in the presence of his wife and then carted away their properties.

The wife of the deceased, Abimbola Adafin while recounting her experience before the court during the trial, narrated how the armed robbers invaded their residence in a shaky voice to the court in vivid details.

According to her, she was inside their bedroom along with their husband and daughter when she heard other occupant living together with their family; one Hannah Temitope (a relative) and Deborah Petti (a housemaid) suddenly scream at the top of their lungs which made her rush out of her bedroom to the living room.

She testified that when she got to the sitting room, she saw why the two women screamed; they were held at gunpoint by two armed robbers.

She said that when she saw the armed robbers, she panicked and ran back to her room and stated that unknown to her, the armed robbers had gained access inside the house through the kitchen and the house girl had explained later that she was washing plates inside the kitchen when she saw “a black, short gunman” dressed in a jean and a vintage shirt standing behind her.

She told the court that though the house girl screamed for help, she was threatened to keep quiet or else she would be shot and was ordered to lie down along with the Family’s relative while some among the armed robbers beat the women with an iron rod.

She testified further that the armed robbers took away the following
items from their home; 2 Samsung Plasma Television sets, her husband’s Samsung phone, one techno phone and electric pressing iron.

According to the prosecutor, DSS official, Olajiri Fadipe, while six of them were actively involved in the armed robbery, the seventh accused person had supplied the firearms while having no registered license to do such and the female among them, Damilola Samuel a.k.a Mama was alleged to have aided in removing the plasma television, laptops and other incriminating materials suspecting to be stolen goods from the residence of the 2nd defendant, Blessing Ogunlade.

In her statement, Damilola Samuel had confessed that she was in a relationship with the second defendant which had made her do his bidding when he asked her to remove some incriminating items from his home.

Delivering the judgement, Justice Bola said the punishments would run concurrently.

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Court Restrains Cross River APC, From Conducting Fresh Congress

An Abuja High Court has given an injunction restraining the All Progressive Congress (APC) in Cross River State from conducting fresh primaries.Justice O.A Musa also restrained the National Working Committee (NWC) of the party from doing so, pending the determination of the applicable suit.

He gave the injunction in a suit between APC chieftain, Sylvester Okpo from Cross River South Senatorial district, vice chairman, Regina Takon, ex-officio ember and youths leader, Charles Asim, who are plaintiffs in the matter, and APC Nigeria as defendant.

The ruling stated: “An order is hereby made restraining the defendant either by itself, any committee, privies by whatever name called, or any organ of the party except national convention, from purporting to nullify the congress of the Cross River State, of the defendant.”He urged the APC not to, in any manner interfere, suspend or breach the rights and privileges of the claimants as the state executive officers.

The judge extended the order to other local government and ward officers of the party in the state, pending the determination of the substantive case in the originating summons.He said: “It is hereby ordered that the time with which the defendant may enter appearances and file defence is abridged to 14 days from service of the originating process.

“That an order for accelerated hearing is hereby granted, and case adjourned till October 25, 2018 for definite hearing The APC State Secretary, Francis Ekpeyong, confirmed the injunction to newsmen yesterday in Calabar. He hailed the ruling and threatened that law enforcement agents would arrest any party member, or executive who attempts to conduct any congress, in violation of the court order, especially with less than 15 days to party congress.

He appealed to those concerned to avoid bloodbath and loss of property in the state, stating that security agents, and the Independent National Electoral Commission (INEC) have been notified about the court ruling.

However, the Mathew Achibe-led faction of the party claimed that the planned congress would go ahead, because they have not received any restraining court order.Also, the factional state Publicity Secretary, Bassey Ita, told The Guardian in a telephone interview: “I am not aware of the order, the national headquarters had asked us to go ahead with the congress. The committees of the national secretariat are already here in town.

“The congress scheduled to hold on tomorrow would still hold. As far as we are concerned, illegalities don’t count.”Ita said they have heard about threats to their lives, adding: “We are waiting for them to go ahead with all their plans.”

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Court Dismisses Murder Charges Against Lagos PDP Chairman

An Ikeja High Court has dismissed the murder charge filed against Moshood Salvador, the Chairman of the Lagos State Chapter of the People’s Democratic Party.

Salvador was remanded in the Kirikiri Prisons following his arraignment at a Yaba Chief Magistrates’ Court alongside 10 others on a two-count charge of conspiracy and unlawful killing on July 25.

During Tuesday’s proceedings, the vacation judge, Justice Obafemi Adamson dismissed charge after entertaining submissions from counsels in a countersuit challenging the charge filed by Salvador against the state.

Justice Adamson in the ruling said that in view of the advice from the office of the Directorate of Public Prosecution (DPP,) which exonerated the PDP Chairman from the murder charge, Salvador should be released from the Kirikiri Prison.

Earlier, Olaitan Soetan, an Assistant Director from the DPP had informed the court that there was a new “development regarding” Salvador’s prayers in the countersuit.

Lawal Pedro (SAN), Salvador’s defence counsel also told the court: “the matter has been overtaken by circumstances.

He urged the court to still grant all prayers sought.

Salvador and the 10 other defendants were charged over the alleged murder of Adeniyi Aborishade, the PDP Chairman of the Apapa Local Government Area (LGA).

Aborishade was allegedly murdered on July 21, during the PDP’s “visitation meeting” that held at Igbosuku Village, Eti-Osa LGA.

The offences contravene Sections 223 and 233 of the Criminal Law of Lagos State, 2011.

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Court Orders IGP To Arrest, Produce INEC Chairman

Justice Stephen Pam of the Federal High Court Abuja, has ordered the Inspector General of Police Mr Ibrahim Idris to arrest and bring the Chairman of the Independent National Electoral Commission, Professor Mahmood Yakubu to court.

This is due to the failure of the INEC boss to appear in court and refusal to obey a valid order court.

Justice Pam earlier on August 1st, 2018, gave the warrant of arrest of Professor Yakubu following his absence to appear in court to give the reason why he should not be sent to prison for contempt of court.

The contempt proceeding was filed by Ejike Oguebego and Chuks Okoye, Chairman and Legal Adviser of the Peoples Democratic Party (PDP), Anambra State respectively.

Following the service of Form 49 on Professor Mahmood, the court summoned him to show cause why he should not be committed to prison for having disobeyed the order of the court made on December 5, 2014.

The judge recollected that the matter was adjourned to August 8, for a continuation of the contempt proceeding against INEC, and its Chairman, Professor Mahmood.

During the continuation of the trial on Wednesday, August 8, Justice Pam demanded to know from the counsel to the INEC Chairman, Adegboyega Awomolo, why he was not in court.

Replying, Awomolo said he does not know where the INEC chairman is and that it is beyond his brief to produce his client. He added that if the court wants the INEC chairman to appear in court, the IGP should produce him.

However, in his ruling, Justice Pam noted that the order of August 1st was still subsisting and has not been set aside or discharged.

The matter was then adjourned till August 14th for the continuation of committal proceedings.

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Two Sentenced To Death For Killing Reverend Father In Benue

A Makurdi High Court on Wednesday convicted and sentenced two persons to death by hanging for kidnapping and killing a former Vicar-General of Otukpo Catholic Diocese, Reverend Father John Alexander Adeyi.

The court says the convicts conspired and kidnapped Reverend Father Adeiyi, on April 26th, 2016 and took him to Okungaga forest in Okpokwu area of the state where they demanded N2 million and eventually killed him after collecting a ransom of N1.5 million.

The trial judge, Justice Andover Kakaan, said three guns including two pistols and a Dane-gun as well as charms were recovered from the convicts in the forest where they committed the crime.

Justice Kakaan disclosed that one of the two convicts in his extra-judicial statement which was tendered in court admitted that he bought the pistol for the purpose of committing armed robbery and kidnapping.

Justice Kakaan while delivering his judgement advised youths to desist from criminal act and engage in useful ventures instead of engaging in unlawful activities as those who engage in such acts will face the wrath of the law.

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Politician Sentenced For Demanding Sex From Taxi Driver

A Zimbabwean politician, Onai Mupondiwa, 37, has been sentenced to 210 hours of community service for allegedly stripping naked and begging a cab driver, Lloyd Gumbo, for sex.

The incident involving Mupondiwa, who is a married local politician reportedly happened on the 7th of July while she was coming back from a political meeting at around 10pm, reports iHarare.

Mupondiwa who looked stranded at Mzansi Night Club hailed Gumbo to drive her to Railway Block for a fee of $5, however, while on the way, Mupondiwa asked Gumbo to stop the vehicle so she could ease herself, taking all her clothes off in the process.

She then reportedly got back in the car naked and started to caress Gumbo and further took his hand to touch her privates while kissing him.

Mupondiwa went on to insist on having sex with the driver without a condom but Gumbo pleaded that she should let him buy some. Rather than drive to the store, he drove into a police station and that was where the politician was arrested.

She is to serve out her community service at a local police station.

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Court Jails 70-Year-Old Man For Malicious Damage

An Igbosere Magistrates’ Court in Lagos on Tuesday sentenced a septuagenarian, Adekunle Akinsemoyin, to 10 months imprisonment for conspiracy, malicious damage and breach of peace.

Mrs A.T. Omoyele convicted Akinsemoyin, 73, of the three-count charge brought against him by the police, following a 13-day trial.

She upheld the prosecution’s case that the defendant unlawfully demolished the toilet and roof of his family house while it was occupied by tenants.

The magistrate, however, gave Akinsemoyin an option of N90,000 fine.

The convict was arraingned on July 7, 2015, alongside a farmer, Musa Kalamu 75.

They pleaded not guilty.

Kalamu was, however, discharged and acquitted, for want of evidence.

Prosecuting Sergeant Cyriacus Osuji told the court that Akinsemoyin and Kalamu conspired and demolished a toilet used by and illegally removed roofing sheets covering the rooms of the complainants, Wasiu Ramon and Fatai Andoyin.

He said the incident occurred on June 14, 2015, at about 6am, at No. 24, Okiti Lane, Off Iga-Iduganran Street, Lagos Island.
According to him, the offence contravened sections 409, 166 (d), 338, Laws of Lagos State, 2011.

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Court Remands Three In Custody Over Alleged Murder In Ondo

A Chief Magistrate’s Court sitting in Akure, the Ondo State capital, have remanded three persons for alleged murder of one Muyiwa Adelogba.

The three accused – Adegboyega Adeola 26; Oniyere Bisi 46; and Oniyere Ojo, 18– were alleged to have committed the offence at the Community Health Center in Ifira-Akoko, in the Akoko South-West Local Government Area.

They were arraigned before the court on two counts bordering on murder.

It was gathered that the accused allegedly caused the death of Adelogba as they allegedly hit him with planks and irons which led to his death.

The charges read in part, “That you,  Adegboyega Adeola 26; Oniyere Bisi 46; and Oniyere Ojo, 18, and one other at large, on June  19, 2018, at about 5.30pm at  Community Health Center, Ifira-Akoko, caused the death of Muyiwa Adelogba by hitting him with planks and irons.”

The offence was said to be contrary to Section 316 and punishable under sections 324,319(1) of the Criminal Code, Cap 37, Volume 1, Law of Ondo State of Nigeria, 2006.

The accused said they were not guilty of the offence when the charges were read to them, but their pleas were not taken by the court.

The police prosecutor, Sergeant Meshach Emmanuel, prayed the court to remand the accused in the Olokuta Prison to enable the court to send the duplicates of the case file to the Directorate of Public Prosecutions for legal advice.

He also prayed the court to adjourn the case pending the outcome of the legal advice from the DPP.

The Chief Magistrate, Mrs Victoria Bob-Manuel, ordered the remand of the accused in the Olokuta Prison pending the release of the legal advice by the DPP.

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Court Orders EFCC To Seize N200 Million From Two Military Officers

A Federal High Court in Lagos on Wednesday authorised the Economic and Financial Crimes Commission (EFCC) to sieze N200 million allegedly kept in several commercial banks by two military officers and their three firms.

Justice Sule Hassan ordered that the sum be forfeited to the Federal Government, pending the conclusion of investigation as to their origins.
The officers are: Adamu Bello Argungu and John Onimisi Ozigi, while their firms are: Falsal & Co Global Services Nigeria Ltd; Diamond Head Ventures & Development Company Ltd; and Sweetex Bureau De Change Ltd.

The EFCC told the judge, through an ex parte application, that the defendants fraudulently withdrew the sum from the Defence Headquarters over-head expenses accounts.

Its counsel, Mr. Nkereuwem Mark Anana, alleged that the sums were warehoused in five banks.

The commission’s application, marked FHC/L/CS/1094/18, was supported by an 18-paragraph affidavit deposed to by its operative, Mr Clever Ibrahim, two exhibits and a written address.

Ibrahim averred that Argungu and Ozigi are of the Nigerian Army and Air Force respectively, made several unauthorised withdrawals from the Defence Headquarters Overhead Expenses Account.

The deponent alleged that the money was neither deposited in their salary accounts, nor accounts belonging to the Defence Headquarters, but in corporate accounts and other accounts belonging their companies.

He alleged further that although a post-no-debit order was placed on the accounts in compliance with Section 6(5) of the Money Laundering and Prohibition Act, 2011, it lapsed after 72 hours.

Thus, the order of the interim forfeiture was sought to debar the respondents from tampering with the money.

The Nation

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Court Adjourns El-Zakzaky’s Arraignment To August 2

A Kaduna High Court on Wednesday adjourned the arraignment of the leader of the Islamic Movement in Nigeria (IMN), Ibrahim Zakzaky and his wife Zinat, until August 2.

The presiding Judge, Justice Gideon Kurada, adjourned the matter to enable the prosecution serve the two other persons standing trial with the Shiites leader.

Addressing newsmen after the court session, the prosecution counsel, Mr Chris Umar, said that the adjournment was to enable them serve the 3rd and 4th respondents in the charges.

Counsel to El- Zakzaky, Mr Maxwell Kyom, said the 3rd and 4th respondents in the charges before the court are yet to be served.

Mr Kyom added that they had filed their bail application to the court and the prosecution team had also filed their responses.

The Kaduna State Government had brought an eight-count charge against the Islamic leader and his wife.

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New Chief Judge Of Federal High Court Takes Oath Of Office

The Chief Justice of Nigeria, (CJN) Justice Walter Onnoghen, on Tuesday in Abuja, administered the oath of office on Justice Abdul Kafarati as the substantive Chief Judge of the Federal High Court.

Administering the oath of office on kafarati, the CJN charged him to adhere strictly to his oath of office and the 1999 Constitution.

“I don’t have to remind you of the oath you just took because this oath has been your life; so I urge you to continue to be guided by this oath.

” If you go strictly by the constitution and the oath of office,you can never go wrong,”Onnoghen said.

The CJN enjoined the new federal high court chief judge to be bold and courageous in the discharge of his duties adding that he must remain firm and focused as well.

Justice Onnoghen admonished Kafarati as well as other judicial officers not to run away from challenges but to always face them and do the right thing at the right time.

“The judiciary will protect you when you adhere to the rule of law, the oath of your office and the constitution.”

He assured that the judiciary would always strive to be an unbiased arbitar,between the two other arms of government and litigants in general.

He described the inauguration as historic noting that although it had taken a while, it was finally here.

The CJN expressed the confidence that the federal high court would have stability, peace and move forward under the watch of the new chief judge in the area of administration and dispensation of justice.

Justice  Kafarati who was born in 1954 was appointed a judge of federal high court in Oct.1991

He succeeded Justice Ibrahim Auta who retired in April 2017 having attained 70 years.

Kafarati had been in acting capacity since April, 2017 .

He was sworn in as substantive chief judge following his nomination by the National Judicial Council, and approval by President Muhammadu Buhari.

He was screened and confirmed by the Senate.

The inauguration was witnessed by the President of the Court of Appeal, serving and retired justices, and the Gov. Ibrahim  Dankwambo of Gombe  State among other dignitaries

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