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JUDICIARY

Ortom Seeks Definite Hearing In Libel Suit Against Oshiomhole, APC

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Federal High Courts
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 From Vincent Nyinongu, Makurdi


Benue State governor, Samuel Ortom has asked a Makurdi High Court to fix a date for definite hearing in his N10 billion libel suit against former Chairman of the All Progressives Congress (APC), Adams Oshiomhole and the APC. 

The former APC Chairman had  sought for an out of court settlement with Governor Ortom, a move which was communicated to the court on October 13, 2020.

 


 The Presiding Jugde, Justice Augustine Ityonyiman consequently adjourned the case to October 29, 2020 for report on the out of court settlement.

 
After two adjournments, with the last been on December 16,2020, the case resumed Thursday for report on the out of court settlement earlier canvassed by Oshiomhole.
 


Ladi Achibong, who held the brief of Ortom’s counsel, Samuel Irabor, told the court that the out of court settlement has failed, and it appeared the defendants are not serious with the out of court settlement. 


She submitted that she has the express instruction of Irabor to ask the court to fix a date for definite hearing of the suit.

Titus Akuha who held the brief of counsel to Oshiomhole and the APC,  Festus Jumbo, while opposing the submission of Ortom’s lawyer, said all the terms of settlement have been met, except one issue that is still remaining,so the settlement cannot be said to have failed. 


After listening to both counsel, Justice Ityoyiman adjourned the case to February 26, 2020 may take the report on the out of court settlement or definite hearing. 


Governor Ortom had filed the libel suit against the former APC chairman over his comments against him at a press conference held on July 27, 2018, wherein Oshiomhole accused Governor Ortom of having a hand in the death of two Catholic priests and other parishioners at Mbalom Community, Gwer local government on the grounds that one of the priests had preached a ‘very critical sermon’ against Governor Ortom.

CRIME

Bricklayer Bags Life Imprisonment for Defiling Minor in Toilet

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An Ikeja Sexual Offences and Domestic Violence Court on Monday sentenced a Bricklayer, Azeez Shoderu, to life imprisonment for defiling his neighbour’s eight -year-old daughter in a toilet.

Justice Rahman Oshodi sentenced Shoderu after he found him guilty of the one-count charge of defilement proffered against him by the Lagos State Government.

Oshodi held that the prosecution successfully proved the offence of defilement against the convict.

According to him, the survivor’s testimony is well corroborated with the testimony of the investigative police officer, who also testified before the court.

He said the evidence of the convict was inconsistent and all attempted to distant himself from the offence did not hold waters.

Oshodi said: “The prosecutrix (survivor) gave a compelling, eyewittness evidence before  this court  that the convict, alias chisco ‘took me to the toilet, carried me on his lap, covered my mouth  and put his thing in my ‘bumbum’.

“The prosecutrix identified the convict as his neighbour and when one of their neighbours  saw them, he threw  her into the other bathroom and ran  away.

“Her evidence was consistent throughout her examination-in-chief that the convict removed her pant and put her on his lap,” the judge said.

The judge also said that the convict’s action had undoubtedly inflicted deep psychological wounds that might take a lifetime to heal.

The court further held  that  the convict admitted that he interacted with the child at the compound, where he claimed to have asked the child to bring water to him in the toilet.

However, the child narrated that she went to urinate at the bathroom, where the convict thereafter covered her mouth, placed him on his lap and had sexual act with her.

Meanwhile, the convict denied that nothing happened when taken to the police station.

During his arraignment on Sept. 29, 2023, he pleaded not guilty.

The court held that the convict was a squatter on Ago-Hausa Street in Ajegunle, Lagos, where he interacted with the child, and confirmed that he was at a toilet facility where the survivor was also present.

The court held  that  the evidence of the survivor was corroborated by the medical report, the Investigating Police Officer and medical doctor’s evidence showed that the convict committed the offence.

The judge noted that a child that had not attained the age of 18 was incapable of consenting to sexual activity.

The court having found  the convict guilty,  hereafter sentenced him to life imprisonment and ordered that  his name should be registered as a sex offender.

The state counsel led by Mr Dare Dada presented three witnesses and tendered exhibits in court to prove the charge against the convict during trial while the defendant testified in his own defence.

According to the prosecution, the offence contravenes Section 137 of the Criminal Laws of 2015. (NAN)

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JUDICIARY

Shares: Court Adjourns Ecobank’s suit Dec.1

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 A Federal High Courtin in Lagos, on Monday, held that it would await the decision of the Court of Appeal in a suit  by Ecobank challenging  alleged sale of 6.3 billion shares in Barbican Capital Ltd.

Ecobank had filed the suit against Obafemi Otudeko, Barbican Capital Ltd.

, and Honeywell Flour Mills of Nig.
Plc. as the first, second and third defendants, respectively.

Also joined as defendants are: Siloam Global Services Ltd., Oyeleye Foluke, First Bank of Nigeria (FBN) Holdings Plc., Corporate Affairs Commission (CAC), and the Nigerian Stock Exchange as  the fourth,  fifth,  sixth,  seventh and  eighth defendants,  respectively

The plaintiff, through its counsel, Mr Kunle Ogunba (SAN), is seeking, among other things, an interlocutory order restraining the defendants, collectively or individually, from taking any steps to sell, transfer or otherwise deal with the N6.

3 billion aggregate shares of Barbican Capital Ltd. in FBN Holdings Plc. pending determination of the suit.

The bank is also seeking an interlocutory order to restrain the defendants from converting the shares of Honeywell Flour Mills Plc. pledged to Ecobank in furtherance of a credit facility, into cash or any negotiable instrument, pending determination of the suit.

The defendants had, however, filed preliminary objections challenging the court’s jurisdiction to entertain the suit.

They filed the objections on the grounds that a similar suit was pending before Justice Yellin Bogoro.

The defendants also raised objections on the grounds that there was  a pending appeal on the matter before the Court of Appeal.

They said that the pending suit and appeal deprived the court of the jurisdiction to entertain the suit.

The defence had sought transfer of the case to the court’s administration judge since a similar suit was  before Justice.

In a ruling on Monday, Dipeolu held that the court would not entertain applications in a suit pending before an appellate court.

“It will amount to judicial recklessness for the court to proceed,” he held.

He held that it was trite law that once an appeal was entered and the court was notified, the lower court would  be stripped of its jurisdiction.

He cited the  case of Okafor versus Attorney-General of Anambra State.

He said that parties in the suit had already informed the court of the existence of a similar  suit before Bogoro, adding that the   issue had been resolved.

He said that the court would not act on any application before it pending the court of appeal’s decision.

Dipeolu adjourned the case until Dec. 1 for mention.

Ecobank brought its suit marked FHC/L/CS/638/2025 pursuant to Order 26 Rules 5(1) and 6(1) of the Federal High Court (Civil Procedure Rules) 2019, and Section 36 of the 1999 Constitution.

The suit is supported by a 38-paragraph affidavit deposed to by one Mr Jafaru Kupa, a Financial Officer at Ecobank.

At the last adjourned date, Mr Bode Olanipekun (SAN), Mr Ade Adedeji (SAN), and Mr Taiwo Osipitan (SAN) appeared for the first, second and third defendants, respectively.

Mr Ademola Adesina appeared under protest for the fourth and fifth defendants, while Ms Abiola Ogundare and Mr Luqman Salman represented the sixth and seventh defendants.

Explaining his appearance under protest, Adesina said that fourth and fifth defendants had not been personally served with the originating processes.

He claimed that the defendants  only became aware of the suit through media reports.  (NAN)

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CRIME

Two Friends Jailed 12 Months Each for Stealing Clothes

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An Area Court in Jos on Monday, sentenced to friends, Michael Auta and Gabriel Sunday to 12 months imprisonment each for  stealing  clothes  valued at N488,000.

The judge, Mrs Shawomi Bokkos, sentenced the convicts after they pleaded guilty to the offence.

The judge however gave the convicts an option of fine of N50, 000 each.

She also ordered that they both pay compensation of N200, 000 each to the complainant or risk another 12 months in jail for default.

Earlier, the Police Prosecutor, Insp Daniel Damulak, told the court that the case was reported at the B division police station, on April 17, by the complainant, one Ms Gift Ernest.

Damulak said the complainant told the police that the accused persons trespassed into her shop and stole clothes valued at N488, 000.

He said that during police investigation, the accused persons confessed to have committed the offence.

The prosecutor said that the offence contravened the Plateau State Penal Code law of Northern Nigeria of 2017. (NAN)

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