JUDICIARY
N30bn Demolishing Compensation: Kano Govt says Garnishee Fraudulent
The Kano State Government says the garnishing order freezing its accounts obtained by some victims of of its demolitions from an Abuja High Court is fraudulent.
The government also assured on Wednesday in Kano that it was still operating its various accounts to administer the state.
This is according to the state Attorney General and Commissioner for Justice, Mr Haruna Isa-Dederi.
Isa-Dederi confirmed to newsmen that there was no way Court of same jurisdictions could even sit on a case it has decided on and which was since appealed against.
He said it was on notice that the Kano state government had filed an appeal against the N30 billion punitive and compensation judgment handed down by Justice Simon Amobeda of the Federal High Court in Kano.
The judgment was in favour of the Incorporated Trustees of Masallacin Eid Shop Owners and Traders on behalf of the victims.
Isa-Dederi therefore wondered how can same Court of the same jurisdiction would give a judgment in Kano.
According to him, the judgment ”was even done out of jurisdiction of the court”, which was also appealed against, querying how a similar court could issue another order on the same matter.
Isa-Dederi explained that the Kano state government had filed an Appeal because the Federal High Court lacked jurisdiction to hear the case, saying it revolved around ownership of the property in the first place and all records of proceeding were transmitted to the Appeal Court.
The state chief law officer said even before the appeal, the government had filed a motion seeking a stay of execution pending the appeal, asking ”so how can same court even sit on same case”.
Besides, he confirmed that the record of the Federal High Court proceedings had already been transmitted to the Court of Appeal.
The attorney general also disclosed that the Court of Appeal had already scheduled the hearing of the motion on stay of execution for Dec. 4.
He stressed that it would be futile for the Federal High Court to make any orders on the issue, as the case is pending before the Appeal Court and it would be akin to a court sitting in appeal on its own judgment.
Isa-Dederi reiterated that the Kano state government’s actions were supported by the provisions of the Land Use Act, which empowered the government to grant and revoke land allocations.
He emphasised that the demolition of the properties was executed in overriding public interest. (NAN)
JUDICIARY
Court Strikes Ex-Kogi Governor’s Bail Application
Justice Maryann Anenih o a Federal Capital Territory (FCT) high court on Tuesday struck out the bail application filed by former governor Yahaya Bello of Kogi.Anenih struck out the application on the grounds that it was filed when the former governor was yet to be taken into custody of the Economic and Financial Crimes Commission (EFCC).
The application was filed on Nov. 22, while the former governor was taken into custody of the anti-graft agency on Nov. 26 and arraigned on Nov. 27.(NAN)Details later….
JUDICIARY
5 Men Face N25m Worth of Milo Products Theft Charge
Five men, on Monday appeared before an Ota Magistrates’ Court in Ogun, for allegedly stealing a truck load of Milo products worth N25 million.The defendants, Temidire Ramon, 35, Aminu Yusuf, 26; Olusola Opadare, 35; Oludayo Adeleye, 38, and Amodu Jimoh, 51, are standing tial on a two-count charge of stealing and conspiracy.
The prosecutor, Insp E. O.Adaraloye, told the court that the defendants committed the offences on Oct. 13, 2020, at Agbara in Ogun.Adaraloye, said that the defendants conspired and stole a truck load of Milo products valued at N25 million, belonging to Nestle Company.He said that the offences contravened Sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.They, however, pleaded not guilty to the charge.The Magistrate, Mr O.A Onagoruwa, granted the defendants bail in the sum of N500,000 each with two sureties each in like sum.He ordered that the sureties must be gainfully employed and must reside within the court’s jurisdiction.Onagoruwa also ordered that the sureties must show evidence of tax payment to Ogun State Government.He adjourned the case until Dec.12 for hearing. (NAN)JUDICIARY
Court Grants Mother Custody of 2 Children
A Grade 1 Area Court, Kubwa has granted Maryam Muhammad custody of two children from her former husband, Bashir.
The judge, Musa Sabo ordered Bashir to pay Muhammad N175,000 for a self contained apartment in arrears following the plaintiff’s claim of already paid rent.
Sabo added that Bashir should secure a self contained apartment or pay the plaintiff N250, 000 annually for accommodation.
He said that the children would spend first and third term holidays with their father and second term holidays with their mother.
The judge said the father could pick his children up every weekend for outings within 10a.m to 6.pm from the mother and notify her before hand.
He also ordered him to pay outstanding school fees if any and pay the plaintiff arrears for the fees she claimed to pay after verifying same as she failed to prove it.
Sabo ordered Bashir to pay N40,000 from October 2023 To February 2024 and subsequently pay N45,000 monthly for the children’s upkeep..
Regarding the children’s medication, he ordered Bashir to make an arrangement based on his financial capability.
Earlier, the plaintiff approached the court for custody of her children, maintenance, Islamiyya school fees, enrollment of one of the children in a special needs school and transportation.
She also sought for Bashir to refund N770, 000 which she paid for her house rent with the children and pay for the medicals of the children.
Bashir however said his ex-wife paid the rent without his consent adding that he is a civil servant and not financially capable.
“I do not earn up to N2 million annually and I am currently paying N600,000 rent annually. My children are already under the National Health Insurance Scheme (NHIS),” he said.(NAN)
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