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JUDICIARY

Tribunal Judgment, a Miscarriage of Justice – Melaye

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Senator Dino Melaye (Kogi West) on Friday, described the National Assembly Election Petitions Tribunal judgment nullifying his March 22 election, as a miscarriage of Justice.

The tribunal sitting in Abuja, while delivering judgment in the petition filed by Sen. Smart Adeyemi of the All Progressives Congress(APC), nullified the election and ordered for a fresh one to determine who represents the Kogi West Senatorial District.

Melaye in his reaction to the jugment, said it wss full of importation of information alien to the case.

His reaction was contained in a statement signed by him and issued in Lokoja.

“I , however , commend the courage and moral strength of the chairman of the tribunal for resisting evil and standing on the part of justice.

“I have confidence in the appeal court to right the wrongs as contained in the pronouncements of the judgment.

I also want to tell those jubilating that their jubilation will be short lived.

“While appealing to my teaming supporters to remain calm as their mandate is safe and secured and cannot be taken away through any mischievous means

“However, Our legal team is already working on appealing the judgment and I assure all that justice will prevail, ” he said.

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Also reacting to the tribunal judgement, Mr Bode Ogunmola, the Publicity Secretary of the People’s Democratic Party (PDP) in Kogi, said the pronouncement would not stand the test of time as he alleged some high level complicity.

“we are going to fight it with everything we have. As a party, the seat belongs to us and whatever they say is not our headache.

“It will have no effect. we are going on appeal immediately and by the grace of God we hope to come out of it a better and stronger party,” Ogunmola assured.

In reaction, Mr Abdul Miliki, a Rights activist and Executive Director , Conscience for Human Rights and Conflict Resolution (CHRCR) said the court process was yet to be exhausted.

“As far as we are concerned , the court process has not been exhausted and it is only when it is exhausted that one can make a categorical statement,” Miliki who is also from Kogi West said.

Mr Williams Aliwo, a former Chairman of the Nigerian Bar Association (NBA), Lokoja branch, said though , the judgment viuld be frustrating for Melaye and his constituents, the Judiciary has provided an inherent redress for him to exploit.

“Dino has right of appeal and by the virtue of the Right of Appeal, if exercised within the prescribed statutory period, he will still be in office and will not vacate his seat in the Senate until the determination of his appeal,” he said. (NAN)

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CRIME

Court Jails Fraudster 235 Years  for N525m Fraud

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By Gom Mirian, Abuja

Justice Agatha Okeke of the Federal High Court, Uyo has convicted and sentenced a notorious international fraudster, Scales Olatunji, to 235years imprisonment for internet fraud and money laundering.


Olatunji was arraigned on July 2, 2019 on 45-count charges bordering on identity theft, money laundering and conspiracy.


He pleaded “not guilty” to the charges, thus setting the stage for his trial.  
One of the counts reads: “That you, Scales Olatunji Ishola “M”, Meraiyebu Charles “M”(at large), Gabriel Adeyemi Olugbenga “M”(at large), Ojomo Oluwatobi Ayodele “M”(at large) and Adekola Oluwatoyin “M”(at large), between January 2017 to October 2018, in Nigeria, within the jurisdiction of this honourable court conspired among yourselves to convert the total sum of N525,172,580.
00  (Five Hundred and Twenty Five Million, One Hundred and Seventy-two Thousand, Five Hundred and Eighty Naira) only, which sum you reasonably ought to have known forms part of proceeds of  unlawful activities to wit: fraud (Business E-mail Compromise and Identity Theft), and thereby committed an offence contrary to Section 18 (a) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under Section 15 (3) of the same Act”


Another count reads: “That you, Scales Olatunji Ishola “M” on or about the 15th day of May 2018, in Nigeria, within the jurisdiction of this Honourable Court with intent to defraud did send electronic messages (email) using emailoffice01@aol.com to one Monica Goulmoen of the Charity Association for providing girls and boys in Kobane with a football pitch, while impersonating a certain Per Ravn Omdal, a former Norwegian Football Association President, demanding the sum of €64,000.00 (Sixty-Four Thousand Euros) to be transferred to you via IBAN GB74HBUK40062132722119 which was paid and you thereby committed an offence contrary to Section 22 (3)(b) of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 and punishable under Section 22 (4) of the same Act”.
 EFCC counsel,  Nwandu  Ukoha opened the  case on November 7, 2019 and subsequently tendered 35 exhibits through four prosecution witnesses,   which were all admitted in evidence against the defendant.  

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Delivering judgment on Monday, June 27, 2022, Justice Okeke convicted  Olatunji on all the 45- counts preferred against him by the EFCC. He sentenced Olatunji to seven years imprisonment on counts one to five,   and five  years imprisonment on counts six to 45. The sentence, shall, however, run concurrently with effect from the date of arrest. 
 The court also ordered that the money in the convict’s account be forfeited to Norwegian citizens through the EFCC. Also, his properties: House No. 6, located on Road 2 West-end Estate, Ikota,  Lekki, Lagos State and  House No. 10, Donatus Odum Street, Ikate, Lagos State are to be sold by the EFCC and the proceeds restituted to the Norwegian victims.


The convict’s journey to the Correctional Centre started when operatives of the EFCC arrested him on March 20, 2019at his Ikota ,  Lekki’s residence based on a petition from the Oslo Police District in Norway, requesting  the assistance of the EFCC in investigating a network of Nigerians that had defrauded Norwegian citizens for years.
Investigations revealed that the convict belonged to a syndicate of internet fraudsters who specialized in Business Email Compromise-BEC.

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COVER

Justice Ariwoola Becomes Third CJN in 7 Years

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By Eze Okechukwu and Mathew Dadiya Abuja


President Muhammad Buhari yesterday at the Council Chambers of the State House, Abuja swore in Justice Olukayode Ariwoola as the acting Chief Justice of Nigeria, to replace Bauchi-born Justice Tanko Mohammad who resigned from the position early yesterday on health grounds. 

By the swearing in Chief Justice Ariwoola, who hails from Iseyin District of Oyo State becomes the third CJN in the seven years of President Buhari administration cumulatively in both in acting and substantive capacities.

In March 2017, Professor Yemi Osibanjo in his capacity as Acting President  nominated Justice Walter Onnoghen as the Chief Justice of Nigeria to replace Justice Mahmud Mohammed. And in January 2019, Justice Onnoghen was suspended for alleged false asset declaration, paving the way for Justice Tanko Mohammad.
 

Justice Ariwoola, born on August 22,1958 started out at the Local Authority Demonstration School, Oluwole in Iseyin Local Government Area of Oyo State between 1959 – 67. Afterwards, he proceeded to the Muslim Modern School in Iseyin between 1968-69, before going to Ansar – Ud – Deen High School, Saki in Oyo North District of Oyo State. 

He studied Law at the then University of Ife, now Obafemi Awolowo University, Ile Ife, Osun State where he bagged his bachelor of law’s degree with honours in July 1980. In July 1981, Ariwoola was called to the Nigeria Bar and he got enrolled at the Supreme Court of Nigeria as a Solicitor and Advocate soon after. The jurist served as a Justice of the Court of Appeal between 2005 -2011 in Kaduna, Enugu and Lagos divisions within the period. He was also a judge of the High Court of Oyo State, a position he was appointed to in 1992 from private legal practice.

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Justice Ariwoola was the next most senior among the Supreme Court justices after the voluntarily retiring Justice Mohammad. Observers had watched out if the administration of President Buhari would flout orderly procedure in the appointment of Justice Mohammad’s replacement.
Former senator representing Kaduna Central Senatorial District, Senator Shehu Sani had urged the government not to cut corners “in order to find a person who will fit into the political, sectional, religious or ethnic peg of the ruling establishment” but rather do the needful by following the established order for such appointments by the Apex Court. 

Though the resignation of Justice Mohammad has been put down to Ill health, it’s in the public glare that crisis of monumental proportion has bedeviled the Supreme Court for a while now, leading to an allegation of corruption by 14 Justices of the Supreme Court against him. The allegations, which the justices conveyed in writing to Justice Mohammad  captured non replacement of run down vehicles, accomodation challenges, epileptic power supply to the Supreme Court, lack of drugs at the Supreme Court clinic, increase in the electricity tariff, non- increase in the allowance for diesel, lack of internet services to residences and chambers.

But in a swift response to the allegations, Justice Mohammad through his media aide, Mr. Ahuraka Isah berated the fueding justices for taking the issue to the public realm; an action he likened to “dancing naked in the market square”. His spokesman would later advise the public that there’s no hostility or ill feelings among the justices of the Apex Court, adding that Justice Mohammad had held a meeting with the aggrieved justices to assuage their grievances. 

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Meanwhile, prior to the climax of the feud, Justice Ejembi Eko who retired from the Supreme Court on May 23,2022 had called on the Independent Corrupt Practices and other Related Offences Commission, ICPC and other investigative agencies in the country to probe and expose what he described as internal fraud in the management of the budgetary resources of the judiciary. 

” The vandalization of the judiciary budget, despite increase of the budgetary allocation calls for investigations by the ICPC and other investigatory sgencies, “he said. 

Similarly, Justice Walter Onnoghen who was forced out  out of office by the President Buhari administration in 2019 and replaced with Justice  Mohammad had at a book launch on June 16,2022 warned that the Supreme Court was gradually turning to “a glorified High Court”, owing to the ill treatment of the justices. 

DAILY ASSET recalls that in a bid to restore calm and order at the Supreme Court,both the Body of Benchers and the Nigeria Senate, through the Committee on Judiciary, Human Rights and Legal Matters,as mandated by the Senate President, Ahmed Lawan waded into the crisis “to as a matter of urgency intervene and bring normalcy to the troubled Apex Court. 

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JUDICIARY

CJN Tanko Mohammed Resigns

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Mohammed resigned in a letter to President Muhammadu Buhari.

Buhari swore in Mohammed as the acting CJN in January 2019 following the suspension and later sack of former CJN Walter Onnoghen.

CJN’s Special Assistant on Media, Isah Ahuraka, confirmed his resignation to the News Agency of Nigeria.

Justice Olukayode Ariwoola is the next most senior judge to Justice Mohammed following Justice Mary Odili retired on May 12 after attaining the retirement age of 70.

Mohammed’s resignation comes amid the corruption allegations leveled against him by some Supreme Court judges.

Fourteen Supreme Court judges in a protest memo accused Mohammed of not giving justices their legitimate entitlements.

The justices said their annual foreign training, meant to enhance capacity building for the country’s judicial process, had been blocked by Muhammad.

The main issues put forward by the justices in their letter through a welfare committee were; non-replacement of poor vehicles; accommodation problem; lack of drugs at the Supreme Court clinic; epileptic electricity supply to the Supreme Court; increase in electricity tariff; no increase in the allowances for diesel; lack of internet services to residences and chambers.

In response, Mohammed told the judges that the Supreme Court was cash-strapped and cannot grant their requests.

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CJN noted that the Supreme Court, like any other establishment in the country, has been hit by a devastating economic crunch.

As a result, he said the leadership of the court under him could no longer meet some of its obligations to Justices, especially in the area of welfare.

He, however, said that the memo sent to him by the aggrieved Justices, notwithstanding, there is no rift between him and Justices of the apex court.

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