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JUDICIARY

Alleged Forgery: Fani-Kayode has no Medical Records at Kubwa Hospital – Witness

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The Head of Medical Records at the Kubwa General Hospital, Abuja, Mr Bassey Amah, on Wednesday told  an Ikeja Special Offences Court that a former Minister of Aviation, Femi Fani-Kayode, did not have medical records at the hospital.

The News Agency of Nigeria (NAN) reports that Amah testified at the commencement of Fani-Kayode’s trial for alleged forgery of a medical certificate to evade trial at a Federal High Court in Lagos.

The former minister is being prosecuted by the Economic and Financial Crimes Commission (EFCC).

Led in evidence by Lead Prosecution Counsel, Mr Rotimi Oyedepo, Amah said he was the chief custodian of medical records at the hospital.

He said that his duty was to collect vital medical information of patients.

The witness said that the embattled former aviation minister did not have any medical record with the hospital.

“Mr Femi is not our patient and he does not have any medical record with us. The doctor that signed the report is not our doctor.

“In fact, we do not have any Dr Tochukwu Eze at our hospital,” he said.

The witness said that upon receiving a letter dated Oct. 3, 2021, from the EFCC to investigate the defendant, the hospital responded  10 days later.

“Kubwa General Hospital received a letter dated Oct. 3, 2021, from EFCC to investigate the defendant, that he did not have a medical record with the hospital.

“We sent a letter back with evidence on Oct. 13, 2021, to EFCC, that the defendant was never our patient.

“The evidence tendered emanated from Kubwa General Hospital,” Amah said.

Defence counsel, Mr Norrison Quakers (SAN), however, objected to tendering of the document, saying that the witness was not the maker of the documents.

“My lord, I cannot see the name of the witness on the documents in reference to Sections 102 and 104 of the Evidence Act.

“I, therefore, object to the evidence tendered, because the witness is not the maker,” he said.

Responding, Oyedepo said that the documents to be tendered are public documents.

“The documents are originals, and the witness is the maker of the documents.

“I refer your lordship to Section 102 (3) of the Evidence Act which says an officer or official on duty is authorised to submit documents,” he said.

Justice Olubunmi Abike-Fadipe admitted the documents in evidence, saying that there was no need to bring the authors of the documents to court for the documents to be admissible.

The judge noted that the witness testified that he was the Head of Medical Records  of Kubwa General Hospital and that the letter was issued by the hospital’s medical director.

“In this case, I have certified that the witness in the box is competent to give evidence in court. I therefore admit the documents in evidence,” Abike-Fadipe said.

The judge adjourned the case until Feb. 25 for continuation of trial.

NAN reports that Fani-Kayode is facing a 12-count charge of procuring and execution of documents by false pretences, use of false documents, fabrication of evidence and use of fabricated evidence.

According to the EFCC, the defendant is also facing trial alongside Nenadi Usman, a former Minister of State for Finance before Justice Daniel Osiagor of a Federal High Court, Lagos on a 17-count charge of money laundering and diversion of N4.9 billion.

The trial of the duo has been stalled over alleged ill-health of Fani-Kayode.

The EFCC is alleging that medical reports presented by Fani-Kayode as proofs of his health status are fake.

The alleged offences violate Sections 88(1), 365(3), 366 and 369 of the Criminal Law of Lagos, 2015. (NAN)

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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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