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JUDICIARY

Absence of Defence Counsel Stalls Alleged Bank note Forgery Trial

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The trial of four men charged with the purchase of forged bank note before an Ikeja High Court, was stalled on Monday due to the absence of a defence counsel.

The defendants in the alleged forgery case were: Mark Obisean, Olumide Mcintouch, Bolaji Bakare and Goodluck Bazunu.

The defendants are standing trial on an amended 11-count charge levelled against them by the Economic and Financial Crimes Commission, (EFCC).

The charges bordered on purchasing forged bank notes and conspiracy to purchase forged bank notes contrary to Section 370  and 410 of the Criminal Law of Lagos State, 2011.

They had pleaded not guilty to the charges following their re-arraignment on Feb.

16.

The EFCC counsel, Mr Nwandu Ukoha, informed the court that the matter was for continuation of trial and that the second prosecution witness was in court and was ready to proceed with the business of the day.

However, while Mr  Bolaji Ayorinde, (SAN), announced appearance for the first defendant, Mrs Bilikisu Abe, for the second defendant, and Mr Ndubuisi Oraenyen for the fourth defendant, but there was no representation for the third defendant.

The court, thereafter, stood down the case so that the third defence counsel could be reached.

when the case was called up afterwards, Ayorinde informed the court that they tried to reach the counsel but to no avail.

The learned silk, thereafter, applied that the matter be adjourned instead of being stood down again.

“A stand down can only be appropriate when there is some form of information but in the instance there’s no information at all, we really have no idea.

“I’ll also write to the counsel about what has happened today in court.

“He owes us and he has let us know why he was not in court today. So, I urge your lordship to adjourn,” Ayorinde said.

Counsel to other defendants also aligned themselves with the position of the learned silk.

Justice Ismail Ijelu, thereafter, adjourned the case until Nov. 30 for continuation of trial.

“In view of the absence of the defence counsel in court without explanation whatsoever, this court is compelled to further adjourn this case until Nov. 30.

Ijelu further held that the absence of the counsel stalled proceedings and if at the next adjourned date, the third defendant’s counsel was still absent in court, the third defendant would defend himself.

EFCC alleged that sometime in 2018 in Ikeja Judicial Division, the defendants received and had in their possession forged United States dollar Travelers Cheque number GA908-981-564.

The commission also submitted that the defendants conspired to purchase, receive and had in their possession forged United States travellers cheques. (NAN)

JUDICIARY

Kogi Governorship Tribunal Adjourns Indefinitely Pending Completion of Election Materials Inspection

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From Joseph Amedu,  Lokoja

The Governorship Election Petition Tribunal sitting in Kogi State has adjourned pending the completion of inspection of election materials by the Social Democratic Party.

At the resumed hearing, the SDP said the INEC was cooperating with the inspection of materials as granted by the order of the Tribunal, but sought for more time.

Recall that the Tribunal had ordered INEC to issue certified copies of electoral materials on the November 11 off-cycle election in the state to the SDP within 48 hours.

It also ordered INEC to allow SDP’s forensic experts to examine some electoral materials.

The materials include Bimodal Voter Accreditation System and result sheets for Adavi, Okene, Okehi, Ogori-Magongo, Ajaokuta, Lokoja, Kogi and Bassa Local Government Areas.

The tribunal ruled on Saturday in Lokoja that the SDP requested the materials to prove its case in the petition it filed against the victory of the All Progressives Congress (APC) at the election.

Chairman of the tribunal, Justice Ado Birnin-Kudu gave the order following two ex-parte motions filed on Nov. 19 by the SDP and by its governorship candidate, Alhaji Muritala Yakubu-Ajaka.

Justice Birnin-Kudu at the resumed hearing adjourned pending when the inspection of materials would have been completed.

Lead counsel to the petitioners, Mr John Adele (SAN), had earlier told the court that efforts to obtain certified copies of materials used in the six local government areas from INEC had been fruitful, except for some hitch, leading to delay in meeting with the 48hours.

The SDP and Muritala Yakubu are challenging the victory of APC and its candidate, Alhaji Usman Ododo at the election petition tribunal.

Usman Ododo won the election with 446,237 votes, while his closest rival, Yakubu-Ajaka got 259,052 votes. 

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JUDICIARY

Salesman in Court for Allegedly Diverting N340, 400 Proceeds of Sales

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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A 30-year-old salesman, Thomas Daniel, on Tuesday appeared before a Kaduna Magistrates’ Court for allegedly diverting N340, 400 proceeds from sales of 74 bags of cement to his own personal use.
The defendant, who lives at Maraba Rido Kaduna, is facing a charge of stealing.
The prosecutor, Insp.

Chidi Leo, told the court that the defendant committed the offence on Nov.
20 at Sabo Tasha Kaduna.
He said the defendant who was the salesman for the complainant, Godwin Moses, sold 74 bags of cement and refused to remit the proceeds to his employer.

He said that the defendant converted the money to personal use.

Leo said the offences contravened Section 217 of the Penal Code of Kaduna State, 2017.

The defendant, however, pleaded not guilty to the charge.
The Magistrate, Ibrahim Emmanuel, granted him bail in the sum of N100, 000 with two sureties in like sum.
Emmanuel said that the sureties must be resident within the court’s jurisdiction, and adjourned the case until Dec. 20, for hearing.(NAN)

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JUDICIARY

Niger Assembly: Appeal Court Sacks Suleiman Wanchiko, Declares Bako Kasim Winner 

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The Court of Appeal sitting in Abuja has sacked Suleiman Wanchiko of Peoples Democratic Party (PDP) as the winner of Bida I (North) State Constituency election in Niger and declared Bako Kasim of All Progressives Congress (APC) as the winner of the poll.

The three-member panel, while delivering the judgment through Justice Bature Isa-Gafai, held Wanchiko’s appeal was unmeritorious.

The appellate court agreed with Kasim’s counsel, Johnson Usman, SAN, that Wanchiko, having presented a forged testimonial to the Independent National Electoral Commission (INEC), ought to be disqualified from contesting the election.

Reports says that INEC had declared Wanchiko the winner of the Bida I (North) Constituency poll for the Niger State House of Assembly election conducted on March 18.

The electoral umpire had declared Wanchiko as the winner with 12, 062 votes as against 11, 820 votes scored by Kasim.

Dissatisfied with the INEC’s declaration, Kasim and APC, through their Counsel, Mr Usman, approached the state’s election petition tribunal via petition number: EPT/NG/SHA/11/2023 between Bako Kasim and another Vs. Suleiman Muhammad Wanchiko and another.

Kasim filed the petition on the grounds that Wanchiko was not qualified to contest in the election in that he submitted forged testimonial to INEC and that the election was invalid by reason of non-compliance with the Electoral Act, 2022.

At the end of trial, the tribunal found merit in the petitioners’ arguments and disqualified Wanchiko and ordered a re-run without him.

Not satisfied with the judgment of the tribunal, Wanchiko, through his counsel, Aliyu Lemu, SAN, approached the  Court of Appeal, praying the court to set aside the decision of the tribunal.

But Kasim’s lawyer urged the court to dismiss the appeal and return his client as the winner of the election.

The appellate court upheld Usman’s argument that Wanchiko, having been disqualified, the proper order was to return Kasim as the winner of the poll and directed INEC to issue him a Certificate of Return.(NAN)

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