JUDICIARY
Jime Vs Ortom: INEC Closes Defence Without Witnesses
From Chris Gaga, Makurdi
Governor Samuel Ortom, (2nd respondent) will on Friday, open defence in a petition filed by Barr. Emmanuel Jime and the All Progressives Congress(APC) challenging his reelection.
This is just as the Independent National Electional Commission (INEC),(1st respondent) on Thursday entered and closed its defence in same petition.
At the resumption of hearing, INEC said it was relying it’s defence on evidence extracted from the petitioners (Emmanuel Jime, APC) and the documents they (petitioners) tendered.
Last week, the commission applied for Thursday , August 15, 2019 to open and close its case.
Lead counsel to INEC, Offiong Offiong (SAN) told the Honourable Tribunal that, “having taken a calm review of all that the petitioners have done and what we have achieved in cross examination, we think that evidence extracted from the petitioners and the documents they tendered are sufficient and we do not intend to call witnesses.
“In the event that there is any witness that we can tender documents from we will do so. That is the case of the 1st Respondent pursuant to Para 46(5) of the First Schedule to the Electoral Act 2010 (as amended).”
Ortom’s legal representative, Edward Ashiekaa (SAN) said the second respondent will be calling witnesses.
“If this were a civil process we would have taken the foot steps of the 1st respondent. But because election matters are sui generis, we will call witnesses,” Ashiekaa told the Honourable Tribunal and applied for another date.
In his ruling, Chairman of the Tribunal Honourable Justice Henry Olusiyi adjourned until Friday, August 16, 2019 for the 2nd respondent to open its case.
“The 2nd Resondent by consent has five days to open and close its case and the days start running from tomorrow,” Justice Olusiyi held.
JUDICIARY
Alleged kidnap: Ebonyi Court Adjourns Ruling on Fiat Application on Ivo LGA Chairman, 8 others Trial
A High Court in Abakaliki on Thursday fixed Oct. 17 to decide on a fiat tendered by a Lawyer, Mr Emeka Uwakwe on the trial of Mr Emmanuel Ajah, former Chairman of Ivo local government area of Ebonyi over alleged armed robbery, kidnap and murder. Ajah and eight other suspects had on Jan. 17, 2017 robbed one Mrs Pauline Osita of her N2 million, phone and other valuables.
The defendants also on Jan. 18, 2017, allegedly kidnapped one Mrs Catherine Okorie and allegedly killed her on Jan. 22 on the same year.Other eight defendants include: Chibuike Okereke, Mathew Ogbudike, Ezenwa Nwafor Okoro Ugochukwu, Kelechukwu Azubike, John Nwankwor, Chigozie Okereke and Obichi Uzoigwe.Uwakwe was authorized by the Attorney General of Ebonyi state, Ben Odoh, to prosecute the defendants trial.But the move to take over the case of the prosecutor was not granted.The Defence Counsel, C.N Mgbada, C.A. Okenu, Ifeanyi Igwe and J. N Unah argued that Uwakwe would not join in the prosecution.“The reason being that he was a member of the Defence Counsels and had been in the matter from the beginning till date.“We urge the court to reject the document on Uwakwe fiat application,” the added.The Presiding Judge, Justice Elvis Ngene, after the argument adjourned the matter until oct. 17, Nov. 21 and Nov. 28 for ruling on fiat. (NANJUDICIARY
Man Bags 8 Years Imprisonment for Land Fraud
An Ikeja Special Offences Court, on Wednesday, sentenced a man Abodurin Abozo to eight years imprisonment for defrauding a man of N62 million on the pretext of procuring him two plots of land.
Report says that Justice Ismail Ijelu held that the Economic and Financial Crimes Commission (EFCC) proved the two-count charge of obtaining by false pretences and stealing against Abozo.
Ijelu held that the convict obtained the sum of N56 million from the complainant, one Mr Samuel Segher, with the assurance of procuring two plots of land for him on Chevy Estate Ojomu in Lagos, a representation he knew to be false.
The court held that the convict assured the complainant that he was the owner of the land after the payment was made.
The court held that the complainant discovered that someone had built on the land when he wanted to take possession and all efforts to recover his money proved abortive.
Ijelu, thereafter, sentenced the convict to seven years without option of fine on court one and one year jail term on count two.
The court further ordered the convict to restitute the sum of N62 million to the complainant.
EFCC had arraigned the convict on Oct. 15, 2023 but he pleaded not guilty to the two-count charge when it was read to him.
He was charged alongside his company, SGB &A Property Lines.
Following his not guilty plea, the EFCC Counsel Mr Spiff Owede, commenced trial and called two witnesses while the defendant testified as a sole witness for defence.
The prosecution also tendered several documents including extra-judicial statement of the convict which the court admitted in evidence.
According to the prosecution, the offence violates Section 1(3) of the Advanced Fee Fraud and Other Fraud Related Offences 2006 and Section 287 of the Criminal Laws of Lagos State, 2015. (NAN)
JUDICIARY
Justice Binta Nyako Withdraws from Nnamdi Kanu’s Trial
Justice Binta Nyako of a Federal High Court in Abuja, on Tuesday, recused herself from the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB)
Justice Nyako withdrew from the case following oral applications by Kanu and his lawyer, Aloy Ejimakor, upon resumed hearing in the seven-count terrorism charge filed by the Federal Government.
At the resumed hearing, the Federal Government’s lawyer, Adegboyega Awomolo, SAN, said the matter was got continuation of trial and he was ready to proceed.
But Kanu’s lawyer, Alloy Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.
Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.
The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.
Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.
He asserted that all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.
Justice Nyako then directed that a prosecution witness be called.
While Ejimakor was addressing the court, Kanu stood up from his seat in the dock and ordered him (Ejimakor) to sit down in anger.
“Sit down! I say you should sit down!” Kanu screamed from the dock.
He insisted that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.
Turning to Justice Nyako, the IPOB leader said: “My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.
“I can understand it if the DSS refuse to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable.
“I am asking you to recuse yourself from this case,” Kanu stated.
But Awomolo countered the argument on the Supreme Court’s judgment delivered in 2023.
He argued that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.
He stated that Kanu’s claims did not align with the Supreme Court’s verdict.
“This is clearly an incompetent and audacious observation,” Awomolo said.
The judge responded that, as far as she was concerned, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertion.
She expressed surprise that Kanu would stand up and yell at his counsel.
“I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako stated.
The judge said she could not proceed with a trial where a defendant lacked confidence in the court.
Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.(NAN)