JUDICIARY
Orji Kalu: Lawyers Express Divergent Views on Reversal of Conviction
Some lawyers in Lagos on Friday expressed different views on the nullification of former Gov. Orji Kalu’s conviction by the Supreme Court.
In interviews with the News Agency of Nigeria (NAN) in Lagos, some of them said that the Supreme Court’s decision was expected while others said that Supreme Court’s nullification of the conviction on technical grounds was not worrisome.
The Supreme Court on Friday nullified the Dec.
5, 2019, judgement of the Federal High Court which convicted Kalu and Ude Udeogu, a former Director of Finance and Accounts in Abia Government House, of N7.1 billion fraud.Justice Mohammed Idris of the Federal High Court in Lagos sentenced Kalu, a serving senator, to 12 years’ imprisonment and sentenced Udeogu to 10 years’ imprisonment.
The Supreme Court, however, nullified the judgement and ordered retrial of the case on grounds that the trial judge was no longer in the Federal High Court at the time he delivered the judgement.
Mr Abiodun Owonikoko (SAN) said that he knew that the judgment of the trial court was technically flawed.
“It was easy to predict that it might not survive on appeal based on the fact that the judge come from the Court of Appeal to conclude and deliver judgment in a criminal trial that he was handling before his elevation to the Court of Appeal.
“The Administration of Criminal Justice Law gave that leeway, but it requires a constitutional amendment to validate it.
“Unfortunately, we did not have such amendment at the material time and sadly, till date .
“All hope is not lost, however; the legislature can be approached to do the needful and render this judgment academic for future cases,” Owonikoko said.
Another lawyer, Mr Chris Ayiyi, told NAN that the apex court did not err in its decision.
“That is the position of the law. As at the time the judge was elevated, he had become funtus officio in that case.
“He could have written the judgment and allowed any judge at the high court to read it,” Ayiyi said.
Reacting, Mr Chibuikem Opara, also a lawyer noted that the apex court relied on technicalities in giving the judgment.
“This reliance on technicalities is becoming too many as it goes a long way to erode public confidence in the judiciary as epitomised by the Supreme Court.
“The earlier we place less reliance on technicalities, the better for Nigeria,”Opara said.
According to him, the trial judge, Idris, began trial in the case while he was a high court judge, but concluded the case by fiat which gave him jurisdiction to conclude the case. (NAN)
JUDICIARY
Court Remands Landlord for Alleged Defilement of Tenant’s Daughter
A family court sitting at Iyaganku, Ibadan, on Tuesday ordered the remand of one Musibau Lamidi, 50, for alleged defilement of his tenant’s six-year-old daughter.
The Magistrate, Mrs S. A . Adesina, ordered that the landlord should be kept at the Agodi custodial facility pending advice from Oyo State Director of Public Prosecutions.
Adesina did not take the landlord’s plea.
She adjourned the case until April 25 for mention.
Reports says that Musibau, a resident of Olode, Ibadan, was charged on one-count of defilement.
Earlier, the prosecutor, Insp Gbemisola Adedeji, told the court that the defendant, on March 13, between 8. 00 a.
m. and 4.00 p.m. defiled his tenant’s daughter.Adedeji said that Musibau had an issue with the child’s mother and asked her to pack out.
The prosecutor said that when the woman went to look for a house to rent, the defendant defiled her daughter.
She said that the offence contravened Section 34 of the Oyo State Child Right’s
Law of 2006. (NAN)
JUDICIARY
4 Friends Docked for Allegedly Threatening Cleric’s Life
Four friends were on Monday docked in a Grade ‘A’ Customary Court in Ibadan for allegedly threatening the life of pastor Charles Gold.
The police charged Olatunji Musibau, 44;Abiodun Folarin, 50; Kazeem Oluremi, 60 and Yusuf Sodiq, 23, with conspiracy and conduct likely to cause breach of peace.
The Prosecution Counsel, Mr Philip Amusan, told the court that the defendants allegedly committed the offence on March 8, at about 2 p.
m., at New Bodija Area in Ibadan.Amusan alleged that the defendants and others at large, threatened violence against pastor Gold, of Echo Evangelical Ministry Ibadan.
He said the offence contravened the probisions of sections 516 and 383 of the Criminal Laws of Oyo State, 2000.
The defendants however pleaded not guilty to the charge.
The Court President, Mrs Moji Aworemi, admitted the defendants to bail in the sum of N150, 000 each and one surety each in like sum.
Aworemi held that the surety must be a blood relation to the defendants.
She adjourned the case until April 29, for mention. (NAN)
JUDICIARY
2 Teenagers in Court for Allegedly Stealing Sewing Machine
Two teenagers, Simor Aaron, 19, and Francis David, 18, were arraigned on Wednesday before a Kaduna Chief Magistrates’ Court for allegedly stealing a sewing machine and other items worth N325,000.
The defendants, both residents of High-Cost Narayi, Kaduna, are standing trial on a two-count charge of conspiracy and stealing, to which they pleaded not guilty.
The Prosecutor, Insp Chidi Leo, told the court that the defendants committed the offences on March 11, at Barnawa Kaduna.
According to Leo, the duo burgled a tailoring shop of one Gladys Peter and stole her sewing machine, six wrappers, and four clothing materials all valued at N325,000.
The prosecutor stated that the defendants were caught and handed over to the police by members of the vigilante group on patrol in the area.
Leo said that the offences contravened Sections 281 and 217 of the Penal Code of Kaduna State, 2017, which stipulates a three-year jail term for stealing and two years imprisonment for conspiracy.
The Magistrate, Ibrahim Emmanuel, granted the defendants bail in the sum of N100,000 each with two sureties each in like sum, who must be gainfully employed.
Emmanuel adjourned the case until April 22, for hearing. (NAN)