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JUDICIARY

Court to Rule on Suspect’s Application to Retake His Guilty Plea 

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A Federal High Court in Abuja on Friday fixed Jan. 24 for ruling on an application filed by a suspect, Adun Adewale, who begged to retake his plea after pleading guilty to a charge.

Justice Emeka Nwite fixed the date for Adewale to either be convicted for pleading guilty to count one of the two-count charge or be ordered to retake the plea.

The development occured after Adewale’s lawyer, O.

A.
Olaleye, and the police counsel, Victor Okoye, addressed the court on the propriety of the application.

Report says that though Adewale had, on Dec. 20, 2024, pleaded guilty to count one of the cybercrime offences when he was arraigned; the defendant, in count two, said he “pleaded guilty with reason” when it was read to him by the registrar.

When Justice Nwite asked him what was the reason, Adewale explained from the dock that he saw the post somewhere and he forwarded it to his page.

His lawyer, Olaleye, therefore, prayed the court for a stand down in order to confer with his client.

Although Okoye opposed the application, the judge stood down the matter in the interest of justice.

After the court reconvened, Adewale’s lawyer told the court that he had discussion with his client and Adewale told him that he (defendant) did not understand the charge read to him.

Based on this premise, the lawyer prayed the court for the charge to be read again for his client to take his plea.

But Okoye vehemently opposed the application and the judge adjourned for the parties to address the court through a written address on the position of the law in such instance.

When the matter was called on Friday, Okoye informed the court that the court had, on Dec. 20, 2024, directed parties to filed their written  addresses concerning the defendant’s plea.

“We have filed my lord,” he said.

Responding, Olaleye acknowledged that though the court directed them to file their written addresses, he said the defence came by way of motion on notice for the defendant to change his plea.

“How do you came about this?” the judge asked Olaleye.

Olaleye said though the court ordered parties to file written addresses, he said the defence came by way of motion on notice due to the necessity to place facts leading to the circumstances which led to the arraignment and the eventual plea of the defendant before the court.

“My lord, coming by way of motion on notice is not to flout the order of the court but to assist the court in seeing reasonable cause why the court should exercise its discretionary power to grant the application of the defendant my lord.

“However, if my lord rules that he will discountenance the motion and the affidavit, we will be placing reliance on our written address my lord dated 27th day of December, 2024, and filed on 30th day of December, 2024 my lord.

“And we will be adopting same as our argument on this issue and we urge the court to grant our application,” he said.

Making his submission, Okoye said their written address, dated Dec. 31, 2024, was filed same day.

The police lawyer, who said he placed reliance on the written address, prayed the court to convict Adewale and sentence him accordingly on the first count which he directly pleaded guilty of.

“The basis of our argument is that the honourable court observed the defendant’s valid arraignment. The court asked if we were ready and we all said yes,” Okoye told the court.

Olayele, who objected, said: “There was no time I said I was ready for the arraignment my lord.”

Justice Nwite then read from the court record the proceeding of Dec. 24, 2024, in open court to clarify the argument.

“Why didn’t you object to the readiness of the arraignment,” the judge asked Olaleye.

But Okoye argued that the issue of plea can never be delegated from a defendant to his counsel.

“We submit that counsel cannot stand in the shoe of the defendant to inform the court that he wants to change the defendant’s plea.

“Counsel admitted that he was the person who informed the court that he wants a stand down and never the defendant.

“Even assuming, but not conceding, that my lord is to look at the affidavit filed by the defendant, all the information given was never made by the defendant but by his counsel.

“We submit that issues of plea is a sole prerogative or responsibility of a defendant and not his counsel,” he said.

Okoye further argued that if the court was minded to look at the defence affidavit, he said the motion was incompetent by virtue of Section 115 of the Evidence Act.

“This is so because the counsel who made the deposition was not in the position to give the information as stated in the affidavit,” he said, urging the court to discountenance same.

According to him, we are placing a reliance on the written address in urging the court to convict the defendant and sentence him in compliance with all the laws and in the interest of justice.

Responding, Olaleye said Okoye’s argument on the issue of the affidavit was strange to him.

He said though he did not depose to the affidavit himself, he said a litigation officer did.

“We actually filed a reply on points of law.

“I did not do the affidavit myself. As counsel, I am well aware of the facts of the matter.

“So I can authoritatively give firsthand information on facts about the matter to a litigation assistant my lord,” he said.

Besides, Olaleye insisted that he never applied to the court to change the defendant’s plea.

“I only applied to the honourable court to have the charge re-read to the defendant and to retake his plea,” he clarified.

The defence lawyer equally raised the issue of bail for his client but Okoye disagreed with him, saying: “I don’t think we can adjourn for bail when we are having a serious issue here.”

The judge, however, confirmed from the record that the matter was adjourned for party to address the court and for defendant’s bail.

Justice Nwite, who said issues of bail cannot be determined at present, adjourned the matter until Jan. 24 for ruling on either to convict Adewale on count one or grant his application to retake the plea.

The suspect, also known as “Coachbanter,” was arraigned before Justice Nwite on alleged cybercrime offence against the I-G, Kayode Egbetokun.

The I-G had, in the charge marked: FHC/ABJ/CR/634/2024, sued Adewale as sole defendant.

In the charge filed on Dec. 17 by A.A. Egwu, the defendant was alleged to have, sometime in 2024, intentionally sent video recording by means of computer system and network through his Tiktok username: “@brodabanter_backup_page” and handle “CoachBanter.”

Adewale was alleged to have said in the said video, “Police IG Egbetokun busted for colluding with notorious cartel moving cash from CBN (Central Bank of Nigeria) vault via Abuja, Lagos airport.”

The statement he knew to be false, “for the purpose of causing a breakdown of law and order.”

The offence is said to be contrary to and punishable under Section 24 (1) (b) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.

In count two, he was also alleged to have sent a video through his Tiktok username accusing Egbetokun of victimising police officers to shield members of a cartel notorious for hauling suspicious new bank notes from the CBN.

The statement, which was said to be false, was contrary to and punishable under Section 24 (1) (b) of Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.(NAN)

JUDICIARY

FCT Prisons: 56 Inmates Freed, 33 Shiites Convicted- NCoS

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Justice Husseini Baba-Yusuf, Chief Judge of the Federal Capital Territory (FCT) High Court, has discharged 56 inmates across two custodial centres in the FCT Command of the Nigerian Correctional Service (NCoS).

The  NCoS Public Relations Officer (PRO) of FCT command, Mr Samson Duza made this known in a statement on Thursday in Abuja.

“Out of the 56 inmates discharged, 30 were from the Kuje Medium Security Custodial Centre, while 26 others were from the Suleja Medium Security Custodial Centre.

“During the case review at Kuje Custodial Centre, the Chief Judge discharged five inmates amongst which two awaiting trial inmates were granted bail.

“Three convicted inmates had their fines paid by the Brekete family, Legend Golden Care Foundation and other Civil Society Organisation (CSO), ” he said.

Similarly in a separate case, Justice Belgore delivered a significant judgment concerning members of the Islamic Movement of Nigeria (IMN), also known as Shiites on the same day, at Kuje medium security custodial centre.

“Out of the 58 accused, 25 members, including one female, were discharged and acquitted, while the remaining 33 defendants were found guilty and convicted.

“Sentencing for the convicted individuals is scheduled for the following week.

“At Suleja custodial centre, a total of 102 cases were reviewed and 26 inmates discharged. Among the discharged inmates, 5 were convicted inmates while 21 were awaiting trial,” he said.

Duza said that the Chief Judge in his magnanimity paid the transportation fare of one inmate and compensation for another inmate amounting to the sum of N100,000.

In his address, Controller of Corrections incharge of FCT Command, Olatunbosun Ajibogun appreciated the Judge and his entourage for the visit.

Ajibogun also commended them for their continuous commitment to decongest custodial centres, assuring him of his unreserved support and cooperation to have a sane system.

The jail delivery exercise was part of ongoing efforts by the Nigeria Correctional Service and critical stakeholders in the criminal justice system, to ensure timely dispensation of justice.

This is to also alleviate overcrowding in correctional facilities, and provide inmates with a fair hearing.(NAN) 

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CRIME

Sales Rep Docked Over Alleged Stealing Motorcycle Valued N1.2m

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 The Police on Friday arraigned a 42-year-old sales representative, Surajudeen Lawal in Badagry Chief Magistrates’ Court over alleged stealing Bajaj motorcycle valued at N1,200,000.

The defendant whose address is unknown, is charged on a count of stealing, which he pleaded not guilty.

The Prosecution Counsel, Insp.

Ayodele Adeosun told the Court  that Lawal committed the offence on May 17, at about 11.
00.a.m, at Clemos Tech. Ltd., Abudu Complex, Oko-Afo, Badagry area of Lagos.

Adeosun alleged that the defendant, being a sales representative at the company sold one Bajaj motorcycle valued at N1,200,000, property of one Clement Ogunfododo, the complainant and converted the money to his own use.

“The defendant could not give the account of the money when he was asked to pay the money into company’s account.

“He was arrested and handed over to Police for interrogation and prosecution.

“The offence contravened the provision of Section 287 of the Criminal Law of Lagos State, 2015.

The Chief Magistrate, Mr Patrick Adekomaiya granted the defendant bail in the sum of N400,000 with two sureties in like sum.

He said one of the sureties must be gainfully employed.

Adekomaiya adjourned the case until June 11, for mention. (NAN)

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JUDICIARY

UPDATE: Court Admits Defence Videos As Evidence in Nnamdi Kanu’s trial

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The Federal High Court in Abuja on Thursday, admitted in evidence videos of Gen. Theophilus Danjuma (rtd.), Gov. Hope Uzodinma of Imo and the Director General of Department of State Services (DSS), Adeola Ajayi, in Nnamdi Kanu’s Defence.

Justice James Omotosho admitted the flash drive containing the three separate video recordings as Exhibit PW-P and a certificate of compliance as Exhibit PWP-1 in the ongoing terrorism trial of Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).

The documents were admitted in evidence after Paul Erokoro, SAN, counsel for Kanu, tendered them from the bar and were not opposed by the Federal Government’s lawyer, Adegboyega Awomolo, SAN.

The three video recordings were played in the open court and the FG’s witness, an operative of the DSS, identified as BBB, was crossed examined by Erokoro.

Earlier, the lawyer reminded the witness that during the cross examination the previous day, reference was made to remarks by Danjuma and the DSS DG and he responded in affirmative.

“Do you know your DG and if you see him, will you recognised him,” Erokoro asked.

“Yes, I will my lord,” BBB responded, and the lawyer sought the leave of the court for the video to be played.

In one of the videos, the DSS DG was addressing a gathering of people where he suggested that communities should endeavour to create a first line of defence against bandits and other invaders.

In the video, Ajayi cited examples of two communities; Azare and Tafawa Balewa in Bauchi State, that were able to kill and dislodge Boko Haram insurgents through collective effort when he was serving as state director.

He, however, said that such effort must be done under the guidance and approval of the security agencies.

The DG said it was practically impossible for security agencies to protect every society in the country.

The DSS boss was heard saying: “The practical approach to mobilising people is to get everyone involved. It is impossible for the security agencies to deploy to every part of the country.

“What we need to do is to make communities set up first line of defence.

“We have to allow some levels of armament for the communities to rise and defend themselves first, but under the guidance and approval of security agencies. The time to start it is now.”

When asked by Erokoro whether the DG DSS was not asking for communities to defend themselves, the witness emphasised that the DG stressed that such communities must come for guidance and approval from security agencies.

In another video, former Defence Minister, Gen. Danjuma, was shown making a remark in an event.

Danjuma was heard, in the video, saying members of the armed forces were not neutral in the ongoing killings across the country.

The ex-General said in the video: “the peace in this state is under threat. There is an attempt for ethnic cleansing in this state and all the riverine states of Nigeria. We must resist it. We must rise up.

“The armed forces are not neutral. They collude with armed bandits that killed Nigerians, they facilitate their movement. They cover them.

“If you are depending on the armed forces to protect you, you will all die one by one.”

When asked by Erokoro who the speaker in the video was, the witness confirmed that he was Danjuma.

Erokoro then asked the witness if he heard Danjuma calling on people to defend themselves and that the security agencies were not neutral and BBB responded in affirmative.

BBB, however, rejected Erokoro’s request to give his (BBB’s) opinion on the implication of what Danjuma said.

“I am not here to interpret his statement. The maker of the video should be the one to interpret it himself,” he said.

When the lawyer asked him if he was aware DSS arrested Danjuma for making the statement, the witness said: “I am not aware my organised arrested him.”

The third video showed Gov. Uzodinma complaining about the killings of some All Progressives Congress (APC)’s leaders in his state and blamed it on the politicians.

The governor said in the video: “Wicked politicians are sponsoring the killings in Orlu. The APC leaders were killed but not one PDP leader has been killed or attacked for once.

“I think there cup is now full and killings of innocent people must stop in Imo.”

Uzodinma, who said it occured to him that the alleged killers were after APC members, said government would come hard on them if they failed to refrain from such act.

When asked who the speaker was, the witness said it was Gov. Uzodinma.

Erokoro then asked BBB whether Uzodinma’s position did not contradict his claim in court that IPOB members were behind killings in Orlu in Imo.

Responding, the witness said DSS’ position was informed by the outcome of their investigation.

BBB further said that, while Uzodinma failed to mention names of victims of the killings he referred to, the DSS’ investigation was specific on the identity of those killed by suspected IPOB members, who were enforcing the sit-at-home order directed by Kanu.

“Our investigation revealed those who were killed by suspected IPOB members and we mentioned their names, but the governor did not mention any name of people he said were killed,” the witness said.

BBB, who was the 2nd prosecution witness (PW-2), was also cross examined by Ekororo based on his earlier testimony.

When asked about the IPOB status, the witness said he was aware that IPOB had been proscribed by an order of court and that Kanu had been a member of IPOB before and after its proscription.

On whether he knew what the EndSARS protest was about, the witness said it was about the call by some people for the police’s Special Anti Robbery Squad (SARS) to be scrapped.

The witness also said he was aware that some states, including Lagos and the National Human Rights Commission (NHRC) constituted commissions of enquiry to probe the EndSARS protest and other related incidents.

When he was asked to read the heading of the report of the panel, the witness said: “Lagos State Panel of Judicial Enguriy on Restitution  of Victims of EndSARS Protest and Other Matters.”

The witness agreed with Erokoro that the report from the commission set up by Lagos State did not indicate IPOB and that it did not classify the protest as act of terrorism.

Erokoro tendered the report issued by the Lagos’s commission of enquiry, which the court admitted in evidence as Exhibit PWO after it was not opposed by FG’s lawyer, Chief Adegboyega Awomolo.

When he was asked if Kanu’s international passport had ever been in DSS custody, the witness said he had never seen the passport before.

When asked if he was aware Kanu had travelled to different countries before, BBB said the IPOB leader told him he had travelled to many countries.

He said though he did not know if the name, “Biafra,” had been proscribed, BBB said he was aware that IPOB had been proscribed.

The witness, who admitted that the AGF letter was tendered through him in court, said he was aware of all the allegations against Kanu mentioned by the AGF in the letter.

The witness disagreed with Erokoro that the letter did not serve any useful purpose.

He said he did not know if Kanu had been in detention for the past five years.

When asked if he had the report of the investigation on Kanu, BBB responded in affirmative.

He, however, said that the report was not with him in court because the report belongs to the government.

The witness said his involvement in Kanu’s matter was only the taking of his statement on the video.

When asked if there were any other persons as defendants in the charge against Kanu, BBB said it was only Kanu he saw as sole defendant.

Erokoro put the question to BBB that in the earlier video he watched, there was no one bearing arms as members of ESN.

Responding, the witness said: “In the video we watched, I cannot say they carry arms or they did not carry arms.”

The witness further explained that the people might be carrying arms underneath them.

While responding to question during re-examination by FG’s lawyer, Chief Adegboyega Awomolo, SAN, on whether the Eastern Security Network (ESN) set up by Kanu and Amatekun established by south west states had the same features in their formation, the witness said ESN was an illegal group unlike the Amotekun.

The witness said Amotekun was backed by laws, passed by the various houses of assembly of the six south west states while ESN had no law supporting its existence.

“ESN and Amotekun are not the same. I know that states in the South West passed laws to legalise Amotekun. But, ESN is not registered.

“ESN is illegal. Amotekun is recognised by law,” the witness said.

Justice Omotosho, then discharged BBB from the witness box.

The judge, before adjourning for the day, gave the prosecution six days within which to call all its witnesses and conclude its case.

He said this would, however, depend on how fast the defence too conduct their cross examination.

Justice Omotosho also indicated that the defence would be allocated nine days

He reminded parties that accelerated hearing had been granted in the case so that the trial could be concluded within reasonable time in the interest of justice.

The judge, following an agreement by lawyers to parties, adjourned until May 28 and May 29, June 6, June 16, June 18 and June 19 for the prosecution to conduct its case.(NAN)

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