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JUDICIARY

Enugu Gov-elect Slams N20bn Suit on NYSC

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The Enugu state Governor-elect, Mr Peter Mbah has filed a N20 billion suit against the National Youth Service Corps, (NYSC) at the Federal High Court, over alleged conspiracy, deceit, and misrepresentation of facts.

Justice Inyang Ekwo had on Monday, upon a motion ex-parte by Mbah’s counsel, Mr Emeka Ozoani (SAN), sequel to the lawsuit stopped NYSC from disclaiming Mbah’s certificate.

In the suit, Mbah is equally seeking a declaration that he participated in the NYSC scheme  vide a call-up letter number FRN/2001/800351; Lagos code LA/01/1532 and upon completion was issued certificate of National Service No.

A808297.

The governor-elect also alleged that the corps conspired by fraudulent design, suppressed and misrepresented facts in supposition that his certificate of national service with number A808297 was not issued by them.

According to him, this is a fact they know  as untrue, incorrect and which act he said constitutes an act of conspiracy.

 He also wants a declaration that the defendants were negligent and maliciously misrepresented facts, which facts the defendants know or ought to know as untrue and ought reasonably to have foreseen that damages would flow from such negligent misrepresentation of material facts.

 An affidavit in support of the motion on notice deposed by Ms Grace Udeagha,  stated among others, that Mbah, after graduating in law from the University of East London in 2000, returned to Nigeria.

She also deposed in the affidavit that  as a prerequisite to practice as a barrister and solicitor of the Supreme Court of Nigeria, Mbah applied and was admitted into the Bar Part I programme of the Nigerian Law School.

She further deposed that the plaintiff upon completing the Bar Part I exam had to wait for the Bar Part II programme.

“That the plaintiff in view of the above was called up for the NYSC and was deployed to Lagos State, with the following particulars: Mbah Peter Ndubuisi; Call up letter No 01134613; reference No NYSC/FRN/2001/800351.

“That the plaintiff in the course of his NYSC programme aforesaid and after six months of NYSC, the Nigerian law School scheduled the commencement of the Bar Part II programme usually called Bar Finals.

“The plaintiff was offered admission to the Nigerian Law School by a letter dated  June 20, 2002, the plaintiff applied to the State Director, NYSC, for deferment of NYSC year 2001/2002.

“Pursuant to paragraph 12  the NYSC directorate headquarters vide Ref: NYSC/DHQ/CM/M/27 approved the plaintiff’s application for deferment of NYSC Ref: LA/01/1532 of Aug.6, 2002.

“That the plaintiff upon completion of his NYSC service, was issued the NYSC certificate No. A808297 dated Jan.6, 2003, certifying that he completed the one year of NYSC from Jan.7, 2002 to Jan.6 ”.

No date has been fixed to hear the motion. (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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JUDICIARY

Alleged breach of Act: MTN CEO, Others Are Evading Service, FCCPC Tells Court 

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 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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