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JUDICIARY

Alleged $2.2m fraud: Court Adjourns Trial of Ex-NHIS Boss

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A Federal High Court  in Lagos on Monday adjourned untill May 15 and May 16 the continuation in the trial of a former Executive Secretary of the National Health Insurance Scheme (NHIS), Oluwafemi Thomas.

Thomas is standing trial alongside a bureau de change operator Kabiru Sidi, on a four counts charge bordering on 2.

2 million dollars money laundering

The are being prosecuted by the Economic and Financial Crimes Commission (EFCC) and were first arraigned in 2016, before Justice Saliu Saidu.

They had each pleaded not guilty to the charge and were granted bail.

The case was however, re-assigned to Justice Ayokunle Faji, after Saidu was transferred from the Lagos division of the court.

Trial has since commenced in the suit and the defence had opened its case and still giving evidence in court

When the case was called on Monday, Mr Ekene Iheanacho, appeared for the prosecution while Mr O. Gbolahan appeared fro the first defendant.

The second defendant, however, informed the court of the absence of his counsel, on the grounds of ill health

On his part, the prosecutor expressed dissatisfaction with the situation, adding that he had come in from Abuja since last week hoping to take this case.

He, however, said that in the circumstance, he would accept an adjournment

While noting that the second defendant was entitled to be represented by a counsel, the court also noted that the defendant had narrated to the court his efforts to secure a counsel.

The court consequently, adjourned the case until May 15 and 16 and urged the defendant to ensure he be present in court with his counsel on the next date

The News Agency of Nigeria (NAN) reports that the charge against the defendants has been amended severally, with the defendants taking fresh pleas on each amendment.

They were re-arraigned on March 6, 2019

The prosecution closed its case in January 2020 , after calling six witnesses and tendering 26 exhibits

The defence on their part filed a no case submission arguing that the prosecution had not made out any prima facie case against them to warrant them to open their defence .

Meanwhile, the no-case submission filed by defence failed, as Justice Faji on March 13, 2020, dismissed their application and ordered the defence to open its case

An appeal against the ruling of the trial court also failed at the appellate court which delivered judgement on Sept. 30, 2021.

The defence was thus asked to open its case, which is now ongoing

In the amended charge numbered FHC/L/457C/2015, The EFCC alleged that the first defendant and his wife who is said to be at large, had on July 3, 2015, conspired to move out of the court’s jurisdiction, the sum of 2.19 million dollars said to be proceeds of unlawful activities.

The defendant was said to have procured the assistance of one Bamidele Ibitoye to help move the money, which were proceeds of his alleged unlawful enrichment as a public servant without going through a financial institution.

They were alleged to have concealed the origin of the said sum.

The defendants were also alleged to have made a cash payment of the said sum, to the said Ibitoye, without going through any financial institutions.

The second defendant was alleged to have on July 15, 2015, made a false statement to Mr Afeez Mustapha, an investigating Officer with the EFCC, that he was the owner of the said sum of money.

The offences contravenes the provisions of sections 15 (2), 15(3), and 16(2) of the Money Laundering (Prohibition) Act, 2011.

It also contravenes the provisions of sections 39(2)(b) of the Economic and Financial Crimes Commission (Establishment) Act 2004. (NAN)

JUDICIARY

Judiciary Workers Threaten Strike from June 2

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The Judiciary Staff Union of Nigeria (JUSUN) has directed its members in all federal courts nationwide and other judicial institutions to withdraw their services from June 2.Mr Mustapha Laminu, National Vice President, North Central said this in a statement signed and issued on Friday in Abuja.

Laminu said the strike had become imperative to press home its demands as their members were yet to receive the one month wage award recently paid by government.
According to him, this action is to protest against the non payment of five months arrears of wage award, non implementation of N70.000 national minimum wage and the non implementation of the 25/35 per cent salary increase.“The union had written severally to the management on the need to see reasons through 21 day ultimatum, seven days ultimatum and have to shelve the action following the intervention of my lord the Chief Justice of Nigeria.
“It is unfortunate that the Judiciary, as an arm of government, is being punished while other arms of government have since been enjoying.“All what we are saying is that our members are stoning us, accusing us of compromising considering the unfold hardship brought about by government policies.“We will continue this action until and unless the government pay us this money,” he said.Laminu alleged that they gathered that the Ministry of Finance had released the new amount to the Accountant General of the Federation but he refused to pay the Judiciary.He therefore called on all Chapters chairmen to ensure compliance to the directive. (NAN)

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CRIME

Court Remands 18-year-Old Student for Alleged Murder 

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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)

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CRIME

Man Jailed 14 years for Attempted Sexual Assault on Minor

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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)

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