An FCT High Court Maitama on Tusday ordered the prosecution to pay N100, 000 for stalling trial of the Sen. Dino Malaye in alleged falsehood filed against him.
Melaye, the senator representing Kogi West in the National Assembly, is charged with two counts bordering on giving false information to the police.
The Federal Government arraigned Melaye, alleging that he, sometime in April, 2017 deliberately gave false information to the police.
The judge, Justice Olasumbo Goodluck gave the order after the prosecution informed the court that their witnesses were not in court.
Goodluck held that by the provisions of Section 396 (4)(6) of the Administration of the Criminal Justice Act, 2015, parties are entitled to five adjournments and nothing more.
The judge said she was not pleased with the attitude of the prosecution in the matter, especially when the matter was placed on fast track, day to day hearing and the defendant’s counsel comes from outside jurisdiction.
” A cost of N100, 000 is therefore awarded against the prosecution instead of N250, 000 prayed by the defendant’s counsel ” she ordered.
The judge said the trial was slated for Nov. 19 and Nov. 20 and both dates of trial are stalled for failure of the prosecution to bring their witnesses to court.
Goodluck then adjourned the matter until Dec. 5, for continuation of trial
Earlier, the prosecution counsel, Mrs N.O.Ezra informed the court that her witnesses were not in court.
Ezra then prayed the court for an adjournment to enable them bring their witnesses.
Responding, defence counsel Olusegun Odubela, SAN, told the court that this was unfair to the defendant because the witness could not be more involved in Kogi election than the defendant who was a candidate in the election.
Odubela added that the prosecution did not the the court the where about of their fourth witness.
” The court should be guided by the provisions of sections 396 (4)(6) of ACJA and 36 (4) of the 1999 constitution as amended.
” The prosecution have not adduced any cogent reasons why their witnesses are not available in court, in case the court grants them an adjournment, we will be asking for a cost of N250, 000, he said.
Odubela further told the court that since last sitting on July 4, the prosecution could have known and inform the court and the defendant’s counsel who comes from another jurisdiction. (NAN )
edited by Sadiya Hamza
2 men in court for allegedly damaging house foundation
Two men, Olatunjoye Adelure, 52 and Inumidun Adeye, 59, on Friday appeared before an Okitipupa Chief Magistrate’s Court in Ondo State for allegedly damaging the foundation laid for a house.
The defendants — a tailor and a bricklayer — of unknown addresses, were standing trial in the court on a four-count charge bordering on misdemeanour, breach of peace, forceful entry and malicious damage.
The prosecutor, Insp. Ayodeji Omoyeigha, told the court that the defendants and one other still at large, on Oct. 26, around 10:30 a.m. at Lugboro Street, off Ode-Erinje Road in Okitipupa magisterial district, conspired to commit misdemeanour.
Omoyeigha said that the defendants conducted themselves in a manner likely to cause breach of the peace by forcibly entering into a plot of land belonging to one Olatunde Temoju and maliciously damaged the house foundation, which cost N500, 000.
He said that the defendants committed offences contrary to Sections 517, 81, 82 and 451, Criminal Code, Cap.37, Vol.1, Laws of Ondo State 2006.
The defendants, however, pleaded not guilty to the charges against them.
The Chief Magistrate, Mr Dickson Ogunfuyi, admitted the defendants to bail in the sum of N500, 000 each and a surety each in like sum.
He said that the sureties must present evidence of tax paid to the state government for one year.
Ogunfuyi adjourned the case until Dec. 30 for further hearing.
Edited by: Edwin Nwachukwu/Oluwole Sogunle
2 charged with attempting to buy hemp with fake naira notes
Two men on Friday appeared before a Yaba Magistrates’ Court in Lagos State for allegedly possessing N26,500 fake naira notes and attempting to use same to buy hemp at the Tejuosho Market, Yaba.
The defendants – Sunday Uche, 24, and Patrick Chidiebere, 25- are facing a two-count charge of conspiracy and possession of forged bank notes.
They, however, pleaded not guilty to the charge.
The Prosecutor, Sgt. Godwin Oriabure, told the court that the defendants committed the offences on Dec. 3.
According to him, the defendants tried to use fake 16 pieces of N1,000 note and 11 pieces of fake N500 note, a total of N26, 500 counterfeited notes – to buy hemp from Tejuosho Market.
He said that when the hemp seller realised that the notes were fake, he drew the attention of a police officer patrolling the area.
“My lord, the Indian hemp seller was also arrested for possessing an illegal substance,” Oriabure said.
The alleged offences contravene Sections 411 and 372 of the Criminal Law of Lagos State, 2015 (Revised).
The Nigeria News Agency reports that Section 411 stipulates two years’ imprisonment for conspiracy, while possession of forged bank notes attracts seven years’ jail term in line with the provisions of Section 372.
The defendants were, however, granted bail in the sum of N100, 000 each with two sureties in like sum.
The Magistrate, Mrs E.N. Ojuromi ordered that the sureties must be gainfully employed and have evidence of three years’ tax payment to the Lagos State Government.
She adjourned the case until Jan. 14, 2020, for mention.
Edited by: Edwin Nwachukwu/Ijeoma Popoola
Court remands man, 26, for stealing goods worth N1,710
Alabede, who is of no fixed address, was arraigned on a charge of stealing, to which he, however, pleaded guilty.
The Prosecutor, Insp. Busarat Sulimon, told the court that the defendant committed the offence on Dec. 12, at about 7.30 am., at No. 4, Salvation Street, Ota, Ogun.
She said that the defendant unlawfully entered the shop of the complainant, Oketunji Olajumoke, and stole three tins of crown milk, three tins of sardine, four sachets of Holandia milk, all valued at N1,580 and a cash of N130.
“The accused was caught by the neighbours and handed over to the police,” the prosecutor said.
According to her, the offence contravenes Section 390(9) of the Criminal Code, Law of Ogun, 2006.
The Magistrate, Mrs O. M. Awosanya, said that the defendant should be remanded in the Abeokuta Correctional Centre and adjourned the case till Jan. 8, for facts and sentencing.
Edited by: Tayo Ikujuni and
Police arraign man for allegedly stealing provisions worth N170,000
The police, on Friday in Abuja, arraigned Rapheal Charles, in a Dutse Grade 1 Area Court for allegedly stealing provisions worth N170, 000.
The defendant, a resident of Sunape village in Bwari, was charged with criminal trespass and theft.
The Nigeria News Agency reports that the defendant pleaded not guilty to the charges.
The Prosecutor, Mrs Idowu Ojo, told the court that the matter was reported by Fidelis Eze at the Bwari police station on Nov. 1.
She explained that on Oct. 30, the complainant, who owned a provision store in Sunape village, closed his shop at about 8.30 pm. and went home.
Ojo said that Eze forgot something and returned to the shop only to meet the defendant inside his shop.
She further explained that during police investigation, it was discovered that the defendant had the shop key, which had got missing from the store sometime in May.
Ojo further said that the defendant had allegedly used the key to steal provisions, including cartons of noodles worth N170,000 from the shop.
According to her, the offences contravene Sections 348 and 287 of the Penal Code.
The Presiding Officer, Mr Suleiman Mohammed, however, admitted the defendant to bail in the sum of N100,000, with a surety in like sum.
Mohammed said that the surety must reside within the court’s jurisdiction.
He, thereafter, adjourned the case till Dec. 16, for mention.
Edited by: Chinyere Bassey and
Job applicant remanded for allegedly robbing with toy gun
An Ikeja Chief Magistrates’ Court on Friday remanded a 27-year-old job applicant, Jacob Odili, in the Kirikiri Correctional Centre, for allegedly robbing a man of N70,000 cell phone, with a toy gun.
The Chief Magistrate, Mrs O.A. Aderibigbe, who gave the order, did not take the plea of the defendant.
She said that Odili should be remanded pending advice from the Lagos State Director of Public Prosecutions (DPP).
Aderibigbe ordered the police to duplicate the case file and send to the DPP for advice.
Odili, who resides at Igando, Lagos, was charged with robbery and stealing.
The Prosecutor, Insp. Mojirade Edeme, told the court that the defendant committed the offences on Nov. 17, at Igando.
She said the defendant used a toy gun to rob the complainant, Mr Adefehinti Adeyanju, of a cell phone.
He said that the defendant accosted the complainant, pointed the gun at him, demanded for his cell phone and threatened to shoot him if he would refuse to comply.
“For fear of not being killed, the complainant quickly surrendered his phone.
“But unknown to the defendant, the complainant knew him where he was living before; so, he went there to report to the community leaders.
“The defendant was eventually arrested but had sold the phone,” Edeme said.
The alleged offences violate Sections 287 and 296 of the Criminal Law of Lagos State, 2015.
The Nigeria News Agency reports that Section 287 provides for three years’ jail term for stealing while Section 296 prescribes 21 years’ imprisonment for robbery.
The case was adjourned until Jan. 17, for mention.
Edited by: Tayo Ikujuni/Ijeoma Popoola
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