Legal Nigeria

°CAN, IPOB, Igbo in the North reject verdictFrom Desmond Mgboh/Kano

The Christian Association of Nigeria (CAN) and the Igbo Delegate Assembly in the 19 Northern States (IDA) have expressed disappointment over the discharge of the five suspects accused of murdering Mrs. Bridget Agbaheme.
A Kano Magistrate Court, presided by Muhammad Jibril, discharged the suspects, after a no -case submission was entered by the Attorney General of Kano State on the matter.
Both associations insisted that there were direct and sufficient evidences to prosecute the suspects contrary to the advice of the Attorney General of the state to the magistrate court.
The Chairman of the Christian Association of Nigeria in the state. 
Bishop Ransom Bello, in an interview with Saturday Sun, remarked that the verdict was totally unacceptable adding that the Christian community was grossly disappointed.
He recalled that the state government had pledged to ensure that justice was done in the case but said that the verdict was a far cry from the promises made to religions and community leaders by the government.
He feared that the verdict was capable of setting a negative precedence for other Attorneys-General on how to abort criminal cases, which affect the interests of their indigenes.
He said that CAN was reviewing the situation and would make a formal statement after its deliberation on the matter in the coming days.
In the same vein, the Igbo Delegate Assembly (IDA) in the 19 Northern States and Abuja, (comprising all the Igbo community associations in the19 Northern States), has rejected the verdict of the Kano magistrate court, saying that it was in very bad taste.
President of the Assembly, Chief Chi Nwogwu, while speaking with Saturday Sun explained that, “Igbo in general condemn the discharge of the five persons accused of the murder of our dear sister and loving mother, Mrs. Bridget Agbaheme.”
He noted that the very dramatic manner in which the suspects were discharged by the magistrate had gone a long way in reviving the pains and agony felt by the deceased immediate family, the Igbo people, the Christian community in Nigeria and by all lovers of justice.He asked the Igbo community in the state and beyond to remain calm and prayerful in the light of the sad development, even as he appealed to the governors of the Eastern States to undertake firm measures to protect the interests of Igbo people resident outside Igboland.The Indigenous People of Biafra (IPOB) Worldwide has condemned the judgment.
A statement by Media and Publicity of IPOB, Mr. Emma Powerful condemned the judgment in its totality, alleging that the magistrate and the state government were instrumental to the killing of an innocent woman who committed no crime against Islam.
According to him, “this is what IPOB preached that the Christians in Nigeria and the people of Biafra to leave the north and come back home and make their lives better and stay in a place where their lives will be protected. This concocted judgment by the killers in the northern part of Nigeria indicates that they are not wanted in the northern territories”.
Recall that Alhaji Dauda Ahmed,Abdulrahaman Mustafa, Zubairu Abubakar, Abdullahi Abubakar and Musa Abdullahi, all accused persons in the case regained their freedom after a few months in custody.
The deceased, a -74 year old mother was murdered by the released persons at  Kofar Wambai market on June 2, 2016 over alleged act of blasphemy.

TWO mobile policemen have been arrested in Delta State for allegedly kidnapping a businessman, one Daniel Umukoro in Abraka in Ethiope East Local Council of the state.

The state Police Public Relation Officer (PPRO), DSP Andrew Aniamaka, who confirmed the development on Thursday in Asaba, said the two policemen, Corporal Musa Edom and Oreva Idede were undergoing orderly room trial over their action as of the time of filing this report.According to the police spokesman, the duo were being tried for misconduct and illegal duty.Metro gathered that members of the state anti-kidnapping committee had accosted the gang of four kidnappers at Okpara Waterside a few kilometres away from Abraka where they abducted the businessman.The victim was, however, rescued and the two policemen arrested, while two other suspects escaped.The PPRO was quick to add that the victim had a business transaction with someone who invited the policemen for the illegal duty, adding that it was not a case of kidnapping as such.Credit : Nigerian Tribune 

The National Judicial Council (NJC) has barred judges being investigated for criminal offences from presiding over cases and performing other functions relating to their offices pending when their innocence is established.The NJC made the decision at its 79th meeting held in Abuja between Wednesday and yesterday.Nigerian Bar Association (NBA) President Abubakar Mahmud (SAN), speaking at a function in Abuja last week, suggested that judges arrested by the Department of State Services (DSS) should step down.But the NJC claimed that it lacked the powers to order judges, against who allegations were made without any evidence to back such allegations,  to step down.

The council was, however, silent, in a statement it issued yesterday, on the reason for its sudden change of mind.Part of the statement signed by NJC’s Acting Director, Information, reads: “Council decided that Judicial officers shall not be standing trial for alleged corruption related offences and be performing judicial functions at the same time.“Council however decided that it will ensure that judicial officers, who are being investigated for alleged high profile criminal offences do not perform judicial functions until their cases are concluded,” it said.Those under investigation by the DSS are two Supreme Court Justices -Justice Sylvester Ngwuta and Justice Inyang Okoro –  the suspended Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya, Justice Adeniyi Ademola (Federal High Court); the Chief Judge of Enugu State, Justice I. A. Umezulike;  Justice Kabiru Auta of Kano State High Court;  Justice Muazu Pindiga (Gombe State High Court);  Justice Bashir Sukola and  Justice Ladan Manir, from the Kaduna State High Court.Out of the nine judges, the NJC has recommended sanctions for Justice Tsamiya; Justice. Umezulike and Justice Kabiru Auta.The Economic and Financial Crimes Commission(EFCC) is investigating six other judges of the Federal High Court. These are: Justices Mohammed Nasir Yunusa; Hyeladzira Ajiya Nganjiwa; Musa Haruna Kurya; Agbadu James Fishim; Uwani Abba Aji; and Rita Ofili-Ajumogobia. The statement added that the NJC “at its 79th meeting held on the 2nd and 3rd day of November 2016, began implementation of specific aspects of the National Judicial Policy which came into force in April 2016 and was launched on Monday 24th  October, 2016.“During the Meeting, Council set up a Transparency and Anti-Corruption Policy Implementation Committee as follows:*Hon Justice E. O. Ayoola, CON (Rtd Justice of the Supreme Court) – chairman.*Hon Justice Kashim Zannah, Chief Judge of Borno State – member.*A. B. Mahmoud, SAN, President Nigeria Bar Association – member.“Section 6 of the National Judicial Policy aims at putting in place multifaceted strategies and guidelines that will ensure transparency and eliminate corruption in the Judiciary.“It seeks, among other measures, to provide a platform and opportunity to citizens who profess factual and credible knowledge of information on the nature and modalities of corruption in the judicial system to ventilate such.”
Credit : The Nation 

The Court of Appeal in Lagos on Wednesday reserved judgment in the appeal filed by Segun Fabunmi, the former Divisional Police Officer of Pen Cinema Agege Police Station, who was sentenced to 10 years in prison for manslaughter. 

The sentence was passed on him in December 2015 by a Lagos High Court following the death of one Ademola Aderintola Daramola during the January 9, 2012 fuel subsidy protest in Lagos.

The court also found Fabunmi guilty of shooting three other persons, Alimi Abubakar, Egbujor Samuel and Chizorba Odoh, during the protest, causing them grievous bodily harm.

In his notice of appeal, Fabunmi urged the appellate court to set aside the judgment of the lower court.

Arguing the appeal, Fabunmi’s counsel, CJ Jiakponna, stated that the conviction and sentencing of Fabunmi was in error.  He urged the court, in the interest of justice, to set aside the judgment of the lower court, arguing that it had relied solely on the evidence of the prosecution, which he described as “contradictory” in nature. 

Consequently, he urged the court to determine whether the prosecution had proved its case beyond reasonable doubt or not, whether the learned trial judge had properly evaluated the evidence before convicting the appellant, and whether the lower court considered the defense available before convicting Fabunmi for the offense of manslaughter. 

Responding, the Lagos State Attorney-General and Commissioner for Justice, Adeniji Kazeem, urged the court to affirm the judgment of the lower court and dismiss the appeal. 

He affirmed that the action of the appellant was intentional, as it was with the knowledge that death or grievous bodily harm were the possible consequences.

Following the arguments of the two parties, the panel of judges, led by by Justice U. I. Ndukwe-Anyanwu, reserved judgment on the appeal. Other members of the panel were Justice Biobele Abraham Georgewill and Justice U. A. Ogakwu.

Fabunmi, of 12 Oyewole Street, Ogudu, Lagos, who joined the police in 1984, was arraigned on May 5, 2013 by the Lagos State government on seven counts of murder, attempted murder and action causing grievous bodily harm.

As the DPO of Pen Cinema Police Station in Agege, he had led his men to the Yaya-Abatan area of Ogba following intelligence reports that there was a disturbance in that area and that hoodlums were breaking people’s windscreens and holding innocent people hostage.

He had testified in court that when he got to the scene, law and order had broken down and that immediately the hoodlums saw him and the seven other policemen on his team, they started throwing bottles, sticks, cutlasses, stones and other dangerous weapons.

He further stated that in the attack by the mob, his rifle containing 60 bullets went off. But he denied shooting the deceased or anyone else.

The court agreed with the defendant that there was indeed a mob at the scene of the incident, but concluded that his testimony on whether or how an attempt was made to snatch his AK-47 rifle and who fired the weapon, were conflicting

Credit : Sahara Reporters

°Reserves sentence pending the end of trial

Davidson Iriekpen

A Federal High Court in Lagos wednesday convicted the four companies allegedly used by a former Special Assistant to President Goodluck Jonathan, Waripamo-owei Emmanuel Dudafa, to launder $15,591,700.

The trial judge, Justice Babs Kuewum, convicted the companies after the counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo, had reviewed the facts of the charge and agreed with by the directors of the companies.

The companies convicted by the court are: Pluto Property and Investment Development Company Limited, Seagate Property and Investment Development Company Limited, Transoceanic Property and Investment Development Company Limited, and Avalon Property and Investment Development Company Limited.

The purported companies’ directors had earlier pleaded guilty on behalf of the companies.
They are Friday Davis: Agbo Baro; Kola Fredrick; and Taiwo Ebenezer and China John.

The four companies were charged alongside Dudafa, a lawyer, Amajuoyi Azubike Briggs, and Adedamola Bolodeoku, a senior staff of Skye Bank Plc, on alleged $15.591,700, which the former First Lady, Mrs. Patience Jonathan, is laying claim to.

Reviewing the facts of the charge against the four companies yesterday, Oyedepo informed the Justice Kuewumi led-court that Pluto Property and Investment Development Company Limited, between November 14 to 19, 2014, retained the sum of $1,940,500, $1.2 million, $1,340,700, $1,895,400, and $1.2 million in its account number 2110002207:and 2110002238 domiciled with Skye Bank.

He also stated that Transoceanic Property and Investment Development Company Limited also retained in its accounts number domiciled with Skye Bank the sum of $1,897,700, between February 21 and November 19, 2014.

Oyedepo further informed the court that Seagate Property and Investment Development Company Limited, also retained in its Skye Bank accounts number 2110002243 the sum of $1,839,900.
While Avalon Property and Investment Development Company Limited retained the sum of $250,000, in its account number 0122493290, domiciled with WEMA bank Plc, on February 28, 2015.

He informed the court that the said monies were proceeds of crime, and they were paid into the four companies’ accounts by one Festus Iyoha, who was a domestic servant at the State House, Abuja.

He also informed the court that the said Iyoha had paid the monies into the companies’ accounts at the order of the first defendant in the charge, Dudafa.

Oyedepo after reviewing the facts of the charge, also tendered the documents such as the companies’ bank mandate forms, account opening packages and the CAC’s Forms 2, which indicated that the purported directors are major shareholders in the companies.

However, lawyers representing other accused persons, Gboyega Oyewole, Ige Asemudara and Joseph Okobieme, urged the court to allow their clients to go through the documents sought to be tendered by the prosecutor, saying that they were all charged on the offence of conspiracy, which is count one of the charge.

The lawyers also stated that admitting of the documents, would have negative impact on their clients.

Upon the submission made by the lawyers, the prosecutor pleaded with the court to expunge the name of Dudafa, Briggs and Bolodeoku from the count one.

Consequently, the court admitted the documents sought to be tendered by the prosecutor.
Besides, the court asked the purported directors if they agreed with the facts reviewed by the prosecutor, and they all stated that they agreed with that all the facts.

Consequently, Justice Babs Kuewumi pronounced all the four companies guilty as charged but declined to pronounce sentence on them.

The court stated that sentence will be determine at the conclusion of trial of other accused persons in the matter.

Justice Kuewumi held that “in view of the facts stated by the prosecutor, and based on the evidence tendered and agreement of the companies’ directors. The prosecution has proved its case beyond reasonable doubt.

“The companies are found guilty in count 2,3,4,5,6,7,8, and 9. In order not to prejudice the case of first, second and third defendants, sentencing them is hereby reserved pending the end of the trial of the first, second and third defendants.”

The four companies linked to Patience Jonathan namely: Pluto Property and Investment Development Company Limited, Seagate Property and Investment Development Company Limited, Transoceanic Property and Investment Development Company Limited, and Avalon Property and Investment Development Company Limited, through their purported directors, had pleaded guilty when they were last arraigned before Justice Babs Kuewumi led-court.

Upon the guilty pleas of the purported directors of the companies, the court adjourned till yesterday, for the review of the matter.

The matter has been adjourned till December 16, for continuation of trial of the three other accused persons.

The EFCC in a second amended charge marked FHC/337C/16, alleged that the three accused persons alongside the four companies, between November 13, 2013 and March 31, 2015, conspired with one Sombre Omeibi, who is now at large, to retain the sum of $15,591,700, which them reasonably ought to have know forms part of the proceeds of an unlawful act, and thereby committed offences bordering on money laundering, stealing,

The EFCC also alleged that the said money was wired through account numbers: 2110002207; 2110002245; 2110002238; 0122493290; 2110002252; domiciled in Skye Bank Plc.

Credit : ThisDay 

The failure of the police to arrest the chairman of the All Progressives Congress in Ekiti State, Mr Jide Awe for alleged murder has made a high court in Ado Ekiti to strike out the murder charge preferred against the party’s chieftain and three other persons.Mr Awe, the first defendant in the suit, was accused by the state of complicity in the murder of Murphy Jeje and attempted murder of Mrs Juliana Adewumi in Erijiyan Ekiti on March 31, 2013.The inability of the police to arrest him may not be unconnected with a Federal High Court’s interlocutory injunction restraining his arrest.The ruling was made in 2015 by a court in Jos, Plateau State.When the matter came up for hearing on Wednesday, Justice Bamidele Omotoso of High Court Seven struck out the case upon the application of the prosecution counsel for an order striking out the names of 1st to 4th defendants for inability to bring the accused persons to the court for trial.The defendants are John Faboro Ojo (2nd), Aniramu Basiru (3rd), Falayi Busuyi (4th), Owonifari Sefiu (5th) and Adenijo Sola (6th).Prosecution counsel, Yakubu Dauda, indicated his interest before the court for the names of Mr Awe and three other defendants to be struck out since they cannot be arrested and brought before for trial.Mr Dauda, however, urged the court to continue with the trial of the two other accused persons, Adenijo Sola and Owonifari Sefiu.Counsel to the accused, Ibrahim Olanrewaju, explained that the matter was struck out and charges against the accused persons dropped, in line with the Administration of Criminal Justice Law.Mr Olanrewaju said the court had no option under the prevailing circumstance, stressing that trial in absent is unconstitutional.Credit : Channels Television News

Amnesty International has condemned the 10 years imprisonment  imposed by a Military Court in Cameroon  on three young men,  Fomusoh Ivo Feh, and his friends Afuh Nivelle Nfor and Azah Levis Gob – who were convicted of ‘non-denunciation of terrorist acts’ following a  trial in Yaoundé.

Samira Daoud, Amnesty International Deputy Regional Director for West and Central Africa said Fomusoh Ivo and his two friends should never have been arrested in the first place, as they were simply exercising their right to freedom of expression.

“Instead of being in school like their friends, these three young men will now spend years of their lives in prison for a simple joke.

“This ruling is clear evidence that Cameroonian military courts should not have jurisdiction to try civilians. The Cameroonian authorities must quash their conviction and sentence and immediately and unconditionally release all three of them,” Daoud stated.

Ivo, 27, whom Amnesty International considers to be a prisoner of conscience, was arrested on 13 December 2014 after forwarding his friends a sarcastic SMS referring to Boko Haram. He was held in police custody in Douala before being transferred to Yaoundé Prison in January 2015

Credit: The Nation