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JUDICIARY

Edo 2020: Judge Withdraws From Suit Seeking Disqualification of Ize-Iyamu

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Federal High Courts
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By Gowon Emakpe, Abuja


Attempt to disqualify Pastor Osagie Ize-Iyamu as the governorship candidate of the All Progressive Congress (APC) in the September 19 governorship election in Edo state, may have suffered a setback as Justice Taiwo Oladipupo Taiwo has withdrawn from the trial.


He withdrew yesterday, following the second petition filed against him by one of the lawyers in the APC legal team,
Justice Taiwo of the Federal High Court Abuja was shocked on receipt of the second petition against him by a lawyer and regretted that his integrity has been maliciously called to question.


“As Judges and lawyers in the temple of justice, it is our duty to protect the integrity of the court and that of the judiciary.

“It was disturbing to receive a petition from a party in the suit seeking for the transfer of the case.


“The contents of the said petition are wicked and unsubstantiated. It is very disturbing that counsel would write this petition and even back it with an affidavit.


“It is not only Corona Virus that has become a pandemic, the spate at which politicians write petitions against judges should be declared a pandemic and should be checked.


“Unfortunately judges cannot respond to petitions against them through the media


“I do not for the record have any affiliation, personal or political with any of the parties in this case” the Judge lamented.


He told the crowd of lawyers and litigants in court that the petitioner from the Chamber of one of the senior lawyers present in court even went to the ridiculous extent of supporting the petition with affidavit.


Immediately after lawyers in the suit announced their appearances for proceedings to begin, Justice Taiwo cut them short and announced that he was no longer prepared to go ahead with the matter.


The Judge said it was a matter of regret that a legal practitioner would have the effrontery to write a malicious, scandalous and outright blackmail against a Judge adding that with the petition questioning his integrity, he can no longer proceed with the case.


Some of the senior lawyers in court tried to wash their hands clean and distanced themselves from the petition, but the Judge however, stood his ground not to go ahead with the case.


The Judge subsequently remitted the case to the Chief Judge for reassignment to another Judge.


The APC had in a separate petition two weeks ago raised strong opposition to the speedy hearing of the suit seeking disqualification of its governorship candidate from the election.


APC in the strongly worded petition against Justice Taiwo prayed the Chief Judge of the Court, Justice John Tsoho to withdraw the suit from Justice Taiwo.


In the petition dated August 20,/2020 by the National Secretary of the Caretaker Committee,  Senator. John Akpanudoedehe, the party had accused Justice Taiwo of moving faster in the hearing of suit against Ize-Iyamu by granting abridgment of time to plaintiffs.


The plaintiffs, led by Hon. Momoh Abdul-Razak had through their lawyer, Sir Friday Nwosu, sued the APC, Ize-Iyamu, INEC and Audu Ganiyu praying for an order of court to stop Ize-Iyamu’s participation in the election on account of alleged ineligibility.

JUDICIARY

Woman in Court for Allegedly Damaging N2.5m Shop

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One Mrs Subomi Kalejaye, on Thursday, appeared before an Iyaganku Magistrates’ Court, Ibadan, for allegedly damaging a shop worth N2.5 million.

Kalejaye, whose address was not provided, is charged with malicious damage and conduct likely to cause breach of peace.

She, however, pleaded not guilty.

The prosecutor, Sgt.

Samuel Owolabi, told the court that the defendant committed the offences on Dec.
  9,  about 11.49 a.m. at Jericho area of Ibadan.

Owolabi said that the defendant maliciously damaged a shop belonging to one Ajomale Ibrahim.

He added that the defendant conducted herself in a manner likely to cause breach of peace by engaging in the act.

According to him, the offences contravene Sections 249(d) and 451 of the Criminal Laws of Oyo State, 2000.

The Magistrate, Mrs Gladys Oladele, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.

Oladele adjourned the case until Jan. 27, 2025, for hearing. (NAN)

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JUDICIARY

Woman Arraigned for Alleged N6.8m Theft

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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A 41-year-old woman, who allegedly stole N6.8 million from a company, has appeared before an Ojo Magistrates’ Court in Lagos State.

Irene Onyechi appeared before the Magistrate, Mrs O. M. Ogun, on a count charge of stealing.

She, however, pleaded not guilty to the charge.

The prosecutor, Insp Esther Adesulu, told the court that the defendant committed the offence from June to September.

Adesulu said that the defendant stole  from the New Concept Pharmacy located at Ojo.

The alleged offence contravenes Section 287 of the Criminal Law of Lagos State, 2015.

The court granted the defendant bail in the sum of one million Naira with two sureties in like sum

It adjourned the case until Jan.

16, 2025 for mention. (NAN)

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JUDICIARY

Alleged N110bn Fraud: Court Admits ex-Kogi Governor to N500m Bail

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A Federal Capital Territory High Court on Thursday, admitted former Governor of Kogi , Yahaya Bello to bail in the sum of N500 million with three sureties in like sum.Justice Maryann Anenih had, on Dec. 10, refused the ex-governor’s bail application, saying it was filed prematurely.Delivering the initial ruling, she said, having been filed when Bello was neither in custody nor before the court, the application was incompetent.

There was, however room for the governor’s lawyers to file a fresh application for bail and apply for hearing date.
The former governor is facing an alleged money laundering trial to the tune of N110bn, along with two others.He had pleaded not guilty to the 16-count charges brought against him by the Economic and Financial Crimes Commission.
At the resumed hearing on Thursday , Counsel for the former governor, Joseph Daudu, SAN, informed the court that the defence counsel had filed a further affidavit in response to the counter affidavit filed and served by the prosecution counsel.He applied to withdraw the further affidavit, saying, “We do not want to make the matter contentious.”There was no objection from the prosecution counsel, Olukayode Enitan, SAN. The court, therefore, granted the application for withdrawal, striking out the further affidavit.Daudu, also informed the court that discussions had taken place with the leader of the prosecution counsels, resulting in an agreement to ensure a speedy trial.In light of this understanding, Daudu urged the court to grant the bail application.He further requested that if the court would graciously grant the Defendant bail, the court should kindly review the bail conditions for the 1st, 2nd, and 3rd defendants.He urged the court to broaden the scope of properties to be used as bail sureties to include locations across the Federal Capital Territory (FCT), rather than limiting the location solely to Maitama.The prosecution counsel, Enitan SAN, acknowledged that Daudu SAN had been in talks with the prosecution team.In accordance with the Rules of Professional Conduct (RPC), the EFCC Counsel gave assurance of their cooperation in expediting the trial.He said, “I confirm the evidence given by the distinguished member of the bar that is leading the Defence, J.B. Daudu, SAN, that he has been in conversation with the leader of the prosecuting team.“It is legal tradition that we should cooperate with members of the bar when it does not affect the course of justice.”We have decided not to make this contentious, bearing in mind that no matter how industrious the defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application.“We are therefore leaving this to your lordship’s discretion.”Delivering her ruling, Justice Anenih acknowledged that the offence Bello was charged with was a bailable one and granted the ex-governor bail in the sum of N500 million, with three sureties in like sum.The sureties must be notable Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki and Asokoro.Bello was also asked to deposit his international passport and other travel documents with the court.He is to remain in Kuje Correctional Centre until the bail conditions are met.Daudu also prayed for the variation of the 2nd defendant ‘ bail condition.Z.E Abbas, counsel for the third defendant filed a motion on Dec. 17 for variation of bail conditions and urged the court to grant the application.This variation is based on landed property which earlier restricted them to only Maitama.The prosecution did not object.The judge granted their prayers and granted the property location as Yahaya Bello ‘s.The second and the third defendants were earlier admitted to bail in the sum of N300m each with two surgeries in.like sum with property at Maitama.The case was adjourned until Jan. 29. (NAN))

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