JUDICIARY
Court to Deliver Judgment in Nnamdi Kanu’s Suit Against DSS

A Federal High Court, Abuja has fixed July 20 for judgment in a suit filed by Nnamdi Kanu, Leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS) seeking an order to allow him unhindered access to his medical doctor.
Justice Binta Nyako fixed the date after Kanu’s counsel, Chief Mike Ozekhome, SAN, and lawyer to the DSS, A.
M. Danlami, adopted their processes and presented their arguments for and against the suit.Kanu, through his team of lawyers led by Ozekhome, had sued the DSS and its Director General as 1st and 2nd respondents in the matter.
Kanu, in the suit marked FHC/ABJ/CS/ 2341/2022, prayed the court for permission to apply for an order of mandamus to compel the DSS to allow him have unhindered access to his medical doctor, among others.
The court had, on Feb. 1, granted Kanu, the permission to apply for an order of mandamus he sought after an ex-parte motion moved by Ozekhome to the effect.
But in a preliminary objection filed by the DSS, the security outfit urged the court to dismiss the suit for want of jurisdiction.
It argued that there was a subsisting judgement of a sister court delivered by Justice Taiwo Taiwo (rtd.) on June 3, 2022 in suit number: FHC/ABJ/CS/1585/2021 between Kanu and DG of DSS and two others wherein the court dealt substantially with the issue of allowing the IPOB leader access to his personal physician.
It said the instant suit was similar to the earlier one and that Kanu had filed an appeal against the judgment.
Upon resumed hearing, Ozekhome told the court that the motion dated Feb. 2, was served on the respondents Feb. 3, seeking for an order of mandamus against the respondents to allow the IPOB leader unfettered access to his doctor in accordance with the earlier order of Justice Nyako, which he alleged had been flouted by the DSS.
The senior lawyer argued that the act was against Section 7 of the Anti-Torture Act.
He said 10 exhibits were attached to the affidavit and two of the exhibits detailed Kanu’s medical report before he was renditioned on June 27, 2021 and medical report of his present health status.
He said their application was that an independent doctor should be allowed to attend to him in the presence of the security operatives.
He further argued that a defendant, based on the provisions of the law, should stand his trial and not to be on wheelchair while being prosecuted.
“We asked if we could see his medical report and they are refusing and if he dies, this will cause national commotion,” he said.
Ozekhome, who said that a further affidavit was also filed in the suit, said two exhibits were attached to it.
According to him one of the exhibits is a certified true copy of the judgment of a Federal High Court, Umuahia.
“In the judgment, the court awarded the sum of N500 million damages against the respondents for illegal rendition of the defendant from Keyan to Nigeria,” he added.
Besides, he said a Court of Appeal sitting in Abuja had exonerated him in a judgment when it dismissed the remaining seven counts after Justice Nyako struck out eight counts from the 15-count charge earlier preferred against him
“What we they lose to allow an independent doctor to examine him in their presence,” he said.
“We rely on all the processes to humbly request you to grant our omnibus prayers,” he said.
He dismissed allegations that Kanu jumped bail on April 25, 2017 after the court granted him bail.
The lawyer, who argued that Kanu, rather, escaped a military invasion at his residence, said as soon as he got to Israel, he deposed to an affidavit to the effect.
Contrary to the DSS’ argument that the matter was similar to the earlier one decided by retired Justice Taiwo, Ozekhome argued that the claims, the subject matters and the parties in the two matters were different.
“We filed a counter of five paragraphs. In the instant case, there are two respondents, but in the suit they referred to, there were three respondents.
“So on the issue of parties, they failed.
“On subject matter, this suit is seeking an order of judicial review by way of mandamus but in the other suit, it was filed for the enforcement of his fundamental rights and not judicial reviews.
“The former suit sought 11 reliefs but ours has two reliefs,” he said.
He argued that the law allowed that an aggrieved party could filed more than one case where facts of his case disclose multiple cause of actions.
On his part, Danlami urged the court to dismiss Kanu’s plea for lack of jurisdiction.
The lawyer said in their counter affidavit with four exhibits, one of the exhibit showed that Kanu was physically and clinically sound.
“We urge my lord to dismiss this suit in the interest of justice and national interest,” he said.
The judge adjourned the matter until July 20 for judgment.(NAN)
CRIME
Court Remands 18-year-Old Student for Alleged Murder

A Makurdi Chief Magistrates’ Court on Friday ordered the remand of an 18-year old student, Joseph Chive, at a Makurdi Correctional Centre for allegedly killing a 14-year-old girl.
Chive, who lives at Veterinary Layout, Northbank, Makurdi, was charged with illegal possession of firearms and culpable homicide.
The Chief Magistrate, Mr Kevin Mbanongun, did not take the plea of the defendant for want of jurisdiction.
He remanded the defendant and adjourned the case until Aug. 28 for mention.
Earlier, the prosecutor, Insp Godwin Ato, told the court that the defendant committed the offences on May 25, at Veterinary Layout, Northbank, Makurdi.
He said the case was reported at the ‘C’ Division Police Station, Northbank, Makurdi, by the deceased’s father, Mr Victor Ayom.
According to him, the defendant had an altercation with the victim, a 14-year-old girl, Mimidoo Victor.
“While the altercation was going on, the defendant rushed into his room, brought a loaded dane gun and shot the girl on the head.
“The defendant was arrested during police investigation and he confessed to the crime.
“The dane gun was recovered from him,” Ato said.
The prosecutor said the offences contravened Section 3(1) of the Robbery and Firearms Act, 2004 and Section 222 of the Penal Code, Laws of Benue, 2004. (NAN)
CRIME
Man Jailed 14 years for Attempted Sexual Assault on Minor

An Ikeja Sexual Offences and Domestic Violence Court on Friday sentenced a man, Damilare Adewale to 14 years imprisonment for attempted sexual assault on a 14-year-old girl, (name withheld).
Justice Rahman Oshodi convicted and sentenced Adewale to 14 years imprisonment, following his plea bargain agreement to the amended one-count charge of attempted sexual assault by penetration.
The convicted was arraigned on the charge of defilement in which he had pleaded not guilty to on Nov.
29, 2021.The prosecution, bearing the burden of proof pursuant to section 135(1) of the Evidence Act 2011, adduced evidence through two witnesses, the survivor and her guardian, both of whom were subjected to extensive cross- examination by defence.
The survivor, in her testimony, had told the court she was on her way to a barbing shop when the convict, who lived in her neighbourhood, accosted and dragged her to his room.
The survivor had further told the court that the convict had expressed his desire to take her to his house but when she refused, he forcibly dragged her to his residence, where he pushed her onto his bed, removed her undergarments and defiled her.
The survivor had also testified that she was crying and shouting during the ordeal and observed blood resulting from the convict’s actions.
She had confirmed to the court that she was 14 years of age and that it was her first encounter with the convict.
The prosecution, had, however informed the court on May 27 and said that the convict had opted for plea bargain, which necessitated the amended charge.
Oshodi, while delivering the judgment, said that he was satisfied that the convict was competent to enter an informed plea and made the guilty plea without oppression.
He said: “Damilare Adewale, you have pleaded guilty to the offence of attempt to commit sexual assault by penetration contrary and I have accepted your plea and convicted you accordingly.
“I must emphasise that you were initially charged with the more serious offence of defilement, which carries the prescribed punishment of life imprisonment under the Criminal Law.
“However, through the plea bargain process, you have pleaded guilty to the lesser charge of attempt to commit sexual assault by penetration under section 262, which carries a maximum sentence of 14 years’ imprisonment.
“I have carefully considered your plea for mercy, you told this court that you gained admission to the Open University and learned other useful trades in the Kirikiri Mximum Security Custodial Centre.”
The court thereafter convicted him him on the amended charge.
“After serving your sentence, I believe what you have learned will assist your reintegration into society.
“Having considered all the circumstances of this case, including the seriousness of the offence, the impact upon the victim, your guilty plea, and the terms of the plea agreement, I endorse the agreed sentence of 14 years.
“I hereby sentence you to 14 years’ imprisonment, commencing on 13 August 2020, the date of your remand in custody,” Oshodi said.
The judge also ordered that the convict’s name be registered as a sexual offender under sections 33 and 38 of the Domestic and Sexual Violence Agency Law of Lagos State, 2021. (NAN)
JUDICIARY
Alleged breach of Act: MTN CEO, Others Are Evading Service, FCCPC Tells Court

The Federal Competition and Consumer Protection Commission (FCCPC) has told the Federal High Court in Abuja that Mr Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc, and others were evading service of court documents on them.
FCCPC, through its lawyer, Nsitem Chizenum, told Justice Hauwa Yilwa upon resumed hearing of the matter on Wednesday.
FCCPC had, in the charge marked: FHC/ABJ/CR/354/2024, dragged the MTN Nigeria Communications Plc; Toriola; Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN, to court as 1st to 4th defendants respectively.
They were preferred with two counts in the charge, dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.
The defendants would be arraigned over alleged failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.
The matter was fixed for May 28 for the defendants to take their plea.
When the matter was called on Wednesday, none of the defendants was in court.
The lawyer who appeared for FCCPC, Chizenum, told the judge that it was obvious that the defendants were not in court.
He said on the last adjourned date, the court hinted that it was the duty of the prosecution to bring the defendants to court, hence, efforts were made to produce them in court today.
“We have made several efforts and we equally used the bailiff of this court to serve them but it seems they were evading service my lord,” he said.
The lawyer also told the court that the Nigeria Police Force (NPF) had been involved and that their application was being processed by the NPF with a view to produce the defendants in court.
“In the circumstance, we ask for an adjournment to enable us bring the defendants for arraignment my lord,” he said.
Justice Yilwa subsequently adjourned the until Sept. 25 for arraignment.
In count one, the MTN Nigeria Communications PLC, Toriola, Okigbo and Ikeme were alleged to have on or about June 18, 2024 did without sufficient cause failed to produce documents and or information which they were required to produce, “in compliance with a lawful Summons and Request to Produce dated May 17, 2024.”
The commission alleged that the compliance with same summon was further extended by a letter dated June 5, 2024 and they thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.
In count two, the defendants were alleged to have “on or about June 18, 2024, in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and or information” requested.
The offence is said to be contrary to Section 111 (1) of the FCCP Act, 2018, and punishable under Section 111 (2) of the same act.
The Nigerian Copyright Commission (NCC) had, in another matter, filed charge against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked: FHC/ABJ/CR/111/2024 presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 2024.
The prosecution had alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation.”
The commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ring back tunes” without the authorization of the artiste, among others.
The copyright commission said the alleged offence is punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for report, following the Attorney-General of the Federation (AGF)’s interest to take over the case.
However, the matter could not proceed on May 15 because the court did not sit.(NAN)
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