JUDICIARY
Refer Cases of Landlords, Tenants to Mediation – Constitutional Lawyer
A Lagos-based Constitutional Lawyer, Mr Spurgeon Ataene, on Wednesday, underscored the need for a referral of tenancy matters to Alternative Dispute Resolution (ADR) channels to ensure speedy resolution.
Ataene told the News Agency of Nigeria (NAN) that cases involving landlords and tenants, dragged on for too long in courts, largely due to the “penchant” of some defence counsels, to delay trials to “buy” time for their clients.
He, consequently, urged that it became instructive to refer cases bordering on tenancy to mediation channels, to create personal interface with both landlord and tenant.
According to him, this will better fast-track the justice process and likely created a win-win situation.
“Landlord and tenant cases drag on for too long because of the penchant of defence counsels to delay same for their clients to find alternative accommodation
“Laws are not the problem. The problem we face is implementation of these laws and a repetition of existing laws
“Section 15 of the Tenancy Laws of Lagos State for instance, seeks to abridge the time within which a tenant should vacate the premises if his tenancy has expired and he appears to have abandoned the premises,” Ataene said.
According to him, the frosty relationship between landlords and tenants often are responsible for such abandonment.
“Unfortunately, some magistrates are often reluctant to outrightly terminate such tenancy, even with an originating application from a landlord.
“It is, therefore, my suggestion that in every magisterial district, there should be established mediation centres backed by law to informally intervene in the disputes between a landlord and tenant.
“After deliberations reached here, if no amicable settlement results, will form the basis of possible litigation in court.
“This will save time and enable the magistrate to reach a verdict timeously,” he said.
Ataene stressed the need for landlords by the same medium, to be enlightened as to the unruly removal of the roof of their tenants in a bid to forcefully eject them
He said that when such awareness was brought to public domain by way of radio and television jingles, it would assist in reducing the friction between landlords and tenants. (NAN)
JUDICIARY
Woman in Court for Allegedly Damaging N2.5m Shop
One Mrs Subomi Kalejaye, on Thursday, appeared before an Iyaganku Magistrates’ Court, Ibadan, for allegedly damaging a shop worth N2.5 million.
Kalejaye, whose address was not provided, is charged with malicious damage and conduct likely to cause breach of peace.
She, however, pleaded not guilty.
The prosecutor, Sgt.
Samuel Owolabi, told the court that the defendant committed the offences on Dec. 9, about 11.49 a.m. at Jericho area of Ibadan.Owolabi said that the defendant maliciously damaged a shop belonging to one Ajomale Ibrahim.
He added that the defendant conducted herself in a manner likely to cause breach of peace by engaging in the act.
According to him, the offences contravene Sections 249(d) and 451 of the Criminal Laws of Oyo State, 2000.
The Magistrate, Mrs Gladys Oladele, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.
Oladele adjourned the case until Jan. 27, 2025, for hearing. (NAN)
JUDICIARY
Woman Arraigned for Alleged N6.8m Theft
A 41-year-old woman, who allegedly stole N6.8 million from a company, has appeared before an Ojo Magistrates’ Court in Lagos State.
Irene Onyechi appeared before the Magistrate, Mrs O. M. Ogun, on a count charge of stealing.
She, however, pleaded not guilty to the charge.
The prosecutor, Insp Esther Adesulu, told the court that the defendant committed the offence from June to September.
Adesulu said that the defendant stole from the New Concept Pharmacy located at Ojo.
The alleged offence contravenes Section 287 of the Criminal Law of Lagos State, 2015.
The court granted the defendant bail in the sum of one million Naira with two sureties in like sum
It adjourned the case until Jan.
16, 2025 for mention. (NAN)JUDICIARY
Alleged N110bn Fraud: Court Admits ex-Kogi Governor to N500m Bail
A Federal Capital Territory High Court on Thursday, admitted former Governor of Kogi , Yahaya Bello to bail in the sum of N500 million with three sureties in like sum.Justice Maryann Anenih had, on Dec. 10, refused the ex-governor’s bail application, saying it was filed prematurely.Delivering the initial ruling, she said, having been filed when Bello was neither in custody nor before the court, the application was incompetent.
There was, however room for the governor’s lawyers to file a fresh application for bail and apply for hearing date. The former governor is facing an alleged money laundering trial to the tune of N110bn, along with two others.He had pleaded not guilty to the 16-count charges brought against him by the Economic and Financial Crimes Commission.At the resumed hearing on Thursday , Counsel for the former governor, Joseph Daudu, SAN, informed the court that the defence counsel had filed a further affidavit in response to the counter affidavit filed and served by the prosecution counsel.He applied to withdraw the further affidavit, saying, “We do not want to make the matter contentious.”There was no objection from the prosecution counsel, Olukayode Enitan, SAN. The court, therefore, granted the application for withdrawal, striking out the further affidavit.Daudu, also informed the court that discussions had taken place with the leader of the prosecution counsels, resulting in an agreement to ensure a speedy trial.In light of this understanding, Daudu urged the court to grant the bail application.He further requested that if the court would graciously grant the Defendant bail, the court should kindly review the bail conditions for the 1st, 2nd, and 3rd defendants.He urged the court to broaden the scope of properties to be used as bail sureties to include locations across the Federal Capital Territory (FCT), rather than limiting the location solely to Maitama.The prosecution counsel, Enitan SAN, acknowledged that Daudu SAN had been in talks with the prosecution team.In accordance with the Rules of Professional Conduct (RPC), the EFCC Counsel gave assurance of their cooperation in expediting the trial.He said, “I confirm the evidence given by the distinguished member of the bar that is leading the Defence, J.B. Daudu, SAN, that he has been in conversation with the leader of the prosecuting team.“It is legal tradition that we should cooperate with members of the bar when it does not affect the course of justice.”We have decided not to make this contentious, bearing in mind that no matter how industrious the defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application.“We are therefore leaving this to your lordship’s discretion.”Delivering her ruling, Justice Anenih acknowledged that the offence Bello was charged with was a bailable one and granted the ex-governor bail in the sum of N500 million, with three sureties in like sum.The sureties must be notable Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki and Asokoro.Bello was also asked to deposit his international passport and other travel documents with the court.He is to remain in Kuje Correctional Centre until the bail conditions are met.Daudu also prayed for the variation of the 2nd defendant ‘ bail condition.Z.E Abbas, counsel for the third defendant filed a motion on Dec. 17 for variation of bail conditions and urged the court to grant the application.This variation is based on landed property which earlier restricted them to only Maitama.The prosecution did not object.The judge granted their prayers and granted the property location as Yahaya Bello ‘s.The second and the third defendants were earlier admitted to bail in the sum of N300m each with two surgeries in.like sum with property at Maitama.The case was adjourned until Jan. 29. (NAN))