JUDICIARY
Woman Bags 3 Years Imprisonment for N5.8m Visa Fraud
A Kaduna Chief Magistrates’ Court, on Thursday sentenced a 40-year-old woman, Danielle Justin, to three years imprisonment for alleged N5.8m visa fraud.The Magistrate, Mr Ibrahim Emmanuel, sentenced Justin after she pleaded guilty to a charge of fraud.Emmanuel, however, gave the convict an option to pay N50,000 as fine.
He also ordered the convict to pay N5. 8m as compensation to the complainants.Earlier, the Prosecutor, Insp Chidi Leo, told the court that the defendant got N2. 4m each from the complainants, Timothy Sunday and Grace Leonard for Canadian and French visas/tickets, which he failed to deliver.“The defendant fraudulently collected the money from her clients and failed to deliver the visas and tickets to enable the complainants travel as planned,” he saidLeo said that the defendant converted the money to her personal use.The prosecutor said that the offence contravened the Penal Code of Kaduna State 2017. (NAN)JUDICIARY
Ondo poll: Court Declines to Disqualify Edema as NNPP Candidate
An Ondo High Court in Akure on Thursday set aside the suit challenging the candidature of Mr Olugbenga Edema as the flag-bearer of the New Nigeria People’s Party (NNPP) for the Nov. 16 governorship election in the state.Delivering judgment, Justice Oluyemi Osadabay, held that the court lacked jurisdiction to entertain the suit filed by a factional candidate of the party, Mr Michael Akintan, and his deputy, Mrs Kemi Fasua.
They are challenging the emergence of Edema as the candidate of the party. Edema , a former lawmaker, emerged as the candidate of the party on June 5, after the former candidate, Mr Oluwatosin Ayeni stepped down for him.He chose Dr Rotimi Adeyemi as his running mate.Ayeni was later made the official spokesperson of the candidate and the Director-General of Ondo State NNPP Gubernatorial Campaign Council after his resignation as a candidate.However, in an originating summons filed by Akintan, Fasua, Dr Gilbert Agbo, and Comrade Oginni Olaposi, members of the party,questioned the emergence of Edema as the candidate of NNPP and his running mate.In the suit, plaintiffs through their counsel, Mr Monday Mawah sought the court’s judgment on whether, in light of Sections 77 (2) and 77(3) of the Electoral Act 2022, the party was required to submit the register of members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary.The primary held on April 26.They also asked whether, based on section 77(3), the defendant, whose name did not appear in the submitted register of the party, could validly claim membership in the party as at the party’s primary date.The claimants were seeking injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member and the candidate of the NNPP in on the state for the Nov. 16 governorship election.But the defendants, through their lawyer, Mr Rotimi Olorunfemi, asked the court to dismiss or strike out the suit for constituting a gross abuse of the court process.Olorunfemi said the suit was supposed to be filed at the Federal High Court, being a pre-election matter.He stated that the issue of jurisdiction was a matter that would go to the root and the competence of a court with adjudicatory power on a suit before it.“ Since the court has no jurisdiction, the case should be dismissed with cost against the claimants,” he said.In her judgment, Justice Osadabay struck out the suit for lack of jurisdiction.She said since the case fell within the pre-election matter, it was only the Federal High Court that could decide to entertain the case.The judge awarded N100.000 against the claimants.Reacting to the judgment, Edema said the judgment had led to rest the issue of whether he was a member or a candidate of NNPP. “We knew a lot of people who are our adversaries were looking forward to dividing us.“But thank God, apart from the judgment of this court, we have come together as a party to be one family.“So, we are going to walk into this election as one family of NNPP.So, to the glory of God, the people of NNPP should rest assured that their candidate of NNPP is now on the ballot in the eye of the law and squarely.“ And come Nov. 16, we will win with the support of the people of NNPP and God,” he said.Similarly, Akintan said he was ready to accept Edema as the candidate of the party.He said the court had decided the candidate and he would abide by the decision.Edema was also the Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC).( NAN)JUDICIARY
Court Orders EFCC Lawyer to Confirm Alleged Fictitious Report in Ali Bello’s Trial
A Federal High Court in Abuja, on Wednesday, ordered the EFCC lawyer, Abbas Mohammed, to confirm and report back to the court if an alleged “misleading” report on the court’s proceedings was from the commission’s website.
Justice Obiora Egwuatu gave the order after the defence lawyers in the money laundering trial of Ali Bello and his co-defendants accused the EFCC of publishing untrue accounts of what transpired in court on Tuesday on its website against their clients.
Abubakar Aliyu, SAN, and Nureini Jimoh, SAN, who appeared for the defendants in the alleged N3 billion fraud, had informed Justice Egwuatu about the development shortly after the matter was called.
They complained that a report on the proceedings of Tuesday posted on the website of the anti-graft agency and on social media contradicted what transpired in court, and that this was not the first time such would happen.
The lawyers alleged that the witness, who was cross-examined, said that he never said that the money used in the payment of the school fees of the children of the former governor, Alhaji Yahaya Bello, came from Kogi State Government but that what the EFCC reported in the media was different.
The EFCC had filed an alleged money laundering charge against Bello, Abba Adaudu, Yakubu Siyaka Adabenege and Iyadi Sadat as 1st to 4th defendants, respectively.
Although they were arraigned before Justice Egwuatu, they all pleaded not guilty to the charge.
Upon resumed hearing on Wednesday, Jimoh, who appeared for 2nd, 3rd and 4th defendants, had informed the court that though the matter was slated for continuation of hearing, however, he had a preliminary application to make.
He said his application hinged on the publication by the prosecution.
The senior lawyer alleged that there had been incessant and unfair publications by the EFCC against the defendants, which might negatively affect public confidence in the administration of justice.
“We have kept quiet severally when these publications were coming from the EFCC so as to allow the trial to proceed,” he said.
Jimoh said the “misleading publications” were meant to incite the public against the decision of the court in the trial.
“After proceedings yesterday (Tuesday), in the evening, we saw a disturbing publication on the EFCC website, saying that PW-3 (the 3rd prosecution witness) affirmed before Justice Obiora Agwuatu of the Federal High Court in Abuja that funds were brought to him (witness) by the agents of the state government to pay the school fees of Alhaji Yahaya Bello’s children,” he said.
The lawyer said that such publications, which were contrary to what actually transpired in court, could grossly affect the proceedings of the court and public confidence in the justice system.
“I want to draw the attention of your lordship to Rule 39 of the Rules of Professional Conduct that forbid such advertisment or publication.
“My application therefore is that if this honourable court finds that this publication is contrary to proceedings in court yesterday, that the court directs that the publication should be brought down immediately on the website and that the EFCC should publish a rejoinder immediately.
“My number three application is that the EFCC should stop forthwith from making such publications,” he prayed.
Jimoh also urged the court to suspend proceedings pending when the EFCC complied with the directives.
He said this was to ensure the sanctity of the administration of justice in obedience to the statutory laws.
He then gave a copy of the printout of the publication from the commission’s website to the EFCC’s lawyer, Mohammed, in open court.
Corroborating Jimoh’s submission, Aliyu, who represented Bello (1st defendant) in court, drew the attention of the court to a ruling of the Supreme Court in Atiku Abubakar Vs. INEC and others.
The lawyer said that the apex court cautioned lawyers against engaging in social media reports to divert the attention of the public from what really transpired in court.
According to him, the court says counsel must review their conduct and desist from engaging on social media.
“We are having a situation where what the witness said is contrary in the social media.
“This is not the first time this is happening. We made same complaint before Honourable Justice Omotosho.
“The witness (PW-3) said he never said the money came from Kogi State Government but what they are saying in the media is different,” Aliyu added.
Responding, EFCC’s lawyer said though he had seen the printed publication, he could not verify its source for now.
“Confirm for clarity sake whether it is from your website,” the judge said.
“I will need to confirm from the media team my lord.
“We are minister in the temple of justice that is why I said I would need to confirm from the media team my lord,” he said.
Justice Egwuatu, in a short ruling, ordered the prosecution lawyer to confirm the publication in his office and report back on the next adjourned date.
Meanwhile, the trial continued with Aliyu’s cross examination of PW-3, Jamilu Abdullahi, a Bureau de Change operator.
When Aliyu asked the witness if Mohammed Idris was the person that brought the 300,000 dollars to him, the witness said he could not remember who brought the money.
Again, when the lawyer asked the PW-3 if he would be surprised that the N2.1 billion paid into the 2nd defendant’s account on Dec. 14, 2021, from which the school fees was paid, was a loan from Access Bank, the witness said he did not know the source of the money.
The Judge thereafter adjourned the matter until Nov. 28 for continuation of hearing.
It would be recalled that on Tuesday, the PW-3 was cross-examined by Aliyu in the ongoing trial.(NAN)
JUDICIARY
Man, 36, Docked for Alleged Theft of N870, 000 Rice
A 36-year-old man, Kazeem Bankole, on Thursday appeared before a Badagry Chief Magistrates’ Court, for allegedly stealing 10 bags of rice valued at N870,000.
Bankole, whose address was not provided, is facing a two-count charge of conspiracy and stealing.
He, however, pleaded not guilty to the charge.
The prosecutor, Insp Edet Ekpo, told the court that the defendant committed the offences with some others still at large, on Oct.
5 at about 2.30p.m at Mosafejo in Aradagun area of Badagry.Ekpo said that the defendant stole 10 bags of rice from a shop belonging to the complainant, Mr Michael Oyediji.
He said that the defendant was caught by security guards, who handed him over to the police.
Ekpo said that the offences contravened Sections 411 and 287 of the Criminal Law of Lagos State, 2015.
Report says that Section 287 stipulates three years jail term for stealing, while Section 411 provides two years for conspiracy.
The Chief Magistrate, Mr N.A Layeni, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.
Layeni ordered that one of sureties must be a civil servant on grade level 12.
He adjourned the case until Nov. 14 for mention.(NAN)