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Judiciary

Court revokes cleaner’s bail, issues bench warrant

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A Kaduna Chief Magistrates’ Court on Wednesday revoked the bail it granted to a 23- year-old cleaner, Samuel Thomas, for failure to appear in court after several adjournments.

Revoking the bail, Magistrate Hajara Dauda, ordered the police to arrest the defendant.

She also remanded Thomas in a correctional facility.

“As for the surety, court orders him to appear in court before within 24 hours. If the surety fails to  do so,  he will forfeit his bail bond,’’ Dauda said.

arlier, the prosecutor, Insp. Sunday Baba,  told the court that since the defendant was admitted to bail, he appeared in court only once.

“I urge the court to issue a bench warrant for the arrest of the defendant and his bail should be revoked,’’ Baba said.

The defendant was first arraigned on Jan. 18. for stealing contrary to sections 287 of the Penal Code Kaduna State, 2017.

The defendant had pleaded not guilty to the charge.

The Magistrate had granted the defendant N100,000 bail with one surety.
PMY/SH

edited by Sadiya Hamza

Foreign

2nd LD Writethru: Burundi court upholds Ndayishimiye’s victory in presidential election

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Burundi’s Constitutional Court on Thursday upheld the May 20 presidential poll results which showed Evariste Ndayishimiye of the ruling party as the winner.

Charles Ndagijimana, president of the Constitutional Court, dismissed the election irregularities reported by Burundi Catholic bishops and Agathon Rwasa, presidential candidate of the opposition National Council for Liberty party.

Ndagijimana said the reports were unfounded, adding that no reported irregularity can taint the results of the elections.

Ndayishimiye of the ruling National Council for the Defense of Democracy-Forces for the Defense of Democracy won 68.72 percent of votes and Rwasa got 24.19 percent in the results announced by the country’s electoral commission on May 25.

Rwasa, who filed the case in the court on May 27, said he would appeal to the regional East African Community Court if the domestic court rejects his appeal.

The Burundian National Independent Human Rights Commission earlier said the elections were held in a “good and fair” manner.

The Constitutional Court ruling now paves way for Ndayishimiye to succeed current president Pierre Nkurunziza who has been in power since 2005.

Under the country’s new constitution promulgated in June 2018, the presidential term was extended from five to seven years and the president is allowed to serve two consecutive terms.

Ndayishimiye, born in 1968, was minister of home affairs and public security.

(XINHUA)

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General news

Oyo gets new Customary Court of Appeal President

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Oyo state governor Seyi Makinde on Thursday swore in Justice Aderonke Aderemi as the President of the Customary Court of Appeal with a charge on people in positions of authority to always act with humility and “a sense of tomorrow”.

“Whatever position anyone occupies is only temporary. We must always know that tomorrow will come when you will be out and have to give an account,” Makinde said at the ceremony.

Makinde urged Aderemi to use the new position to ensure that justice was served and in a timely manner.

While congratulating the new officer, Makinde said that his appointment was a clear demonstration of the fact that the state government was committed to doing what was right “without any political or religious coloration or gender bias”.

“If you look at all the Justices here, they are women. If you also look at the first five officials of the government, two are women. That is how I really feel we should operate, because whatever position we are occupying is just temporary.

“I will leave my position as the governor of the state and your tenure will end one day, but I pray you will end well.

“I want to use you as a point of contact to officials and leaders occupying positions of authority. We must have that sense of humility and do what is right all the times.

“I don’t have any doubt that in your current position, not only will justice be served, it will be served in a timely manner. I wish you a successful tenure,” Makinde stated.

Speaking with newsmen, Justice Aderemi promised to put in her best to ensure speedy dispensation of justice.

“I will put in my best as I have always done and continue to do my duty very well. I promise that cases will be attended to on time.

“My colleagues are working very hard and should continue to put in their best. We have a backlog of cases and shall deal with them on time.

To the Customary Court of Appeal, the issue of COVID-19 is a challenge because we have to find a way by which we are going to be sitting without feeling that we are not safe.

“Now, we are going to be scheming; we will be having a case at a time. We won’t be having too many lawyers or litigants in the court room, so that we will be able to observe social distancing very well.

“On rape cases, we will first of all have to get to increase the jurisdiction of the Customary Court of Appeal before we can deal them.

“As women judges, we have gone round the whole country, sensitising the people on what it means and the need to train our children.

“When you talk about rape, it could be the man or woman being raped. So, we take care of everybody. That is what I am going to do when we get there.” She said.

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Foreign

S. African gov’t to appeal court ruling invalidating some lockdown regulations

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The South African government announced on Thursday that it has decided to appeal a court ruling which declares some of its COVID-19 lockdown regulations invalid and unconstitutional.

The government will ask that its appeal be heard on an urgent basis so that it can obtain certainty on the regulations, spokesperson Phumla Williams said in a statement after a virtual cabinet meeting in Pretoria.

The Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma will be joined in this appeal by President Cyril Ramaphosa and Health Minister Zweli Mkhize, according to Williams.

The cabinet wishes to assure the nation that all interventions introduced since the declaration of a state of national disaster in March 2020 by Ramaphosa have been directed primarily at saving lives, Williams said.

In implementing these interventions, the government has consistently consulted all sectors of society, as the fight against COVID-19 is a national effort that requires unity in action between the government and all South Africans, said Williams.

On Tuesday, the North Gauteng High Court ruled against the COVID-19 lockdown regulations in the country.

“Some of the regulations promulgated by the government simply did not meet the rationality test in preventing the spread of COVID-19,” the court said in its ruling.

The court suspended the declaration of invalidity for a period of 14 days, meaning that the current Alert Level Three regulations remain in operation for now so as to allow Dlamini-Zuma, in consultation with relevant ministers, to review, amend and republish the regulations with “due consideration to the limitation each regulation has on the rights guaranteed in the Bill of Rights.”

Williams said that after obtaining legal advice and listening to numerous comments made by members of the legal fraternity in reaction to the judgement, “we are of the view that another court might come to a different conclusion on the matter.”

“While government appeals the court judgment, current regulations remain in force and we appeal and urge all our people to observe all the health protocols that have been put in place including washing of hands, social distancing, wearing of masks in public as well as screening and referral for testing where necessary,” Williams said.

She said the cabinet has approved the extension of the National State of Disaster by another month from June 15 to July 15.

The law allows for the National State of Disaster to last for 90 days which necessitates the extension, Williams said.

(XINHUA)

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Foreign

Urgent: Burundian court confirms Evariste Ndayishimiye’s victory in presidential election

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Burundian constitutional court on Thursday said it approved the results of last month’s presidential election, declaring ruling party’s presidential candidate Evariste Ndayishimiye as the president-elect.

The court also rejected the first runner-up’s complaints filed to the court, which challenged the provisional results announced on May 25.

The provisional results released by the National Independent Electoral Commission showed Ndayishimiye from the ruling National Council for the Defense of Democracy-Forces for the Defense of Democracy won 68.72 percent of votes in the presidential election, followed by National Council for Liberty’s Agathon Rwasa who got 24.19 percent of votes.

(XINHUA)

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Judiciary

Edo: Court fixes June 17 for hearing of suit to bar Ize-Iyamu from APC screening 

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A Benin High Court has fixed June 17, to hear the suit seeking to disqualify a governorship aspirant, Mr Osagie Ize-Iyamu, from participating in the All Progressives Congress (APC) screening of aspirants for its primary election.
News Agency of Nigeria reports that the ruling party has scheduled the primaries for the governorship ticket in Edo for June 22.

The presiding judge, Justice Emmanuel Ahamioje, announced the date on Thursday, while adjourning the case instituted by Mr Benjamin Oghumu, the Chairman of APC in Ohrionmwon Local Government Area of Edo.

Oghumu is praying the court to stop the screening of Ize-Iyamu on the grounds that he was not a registered member of APC in the local government.

NAN recalls that the suit was initially lodged at the Abudu High Court but later transferred to the state High Court in Benin.

The case was transferred sequel to a petition that Justice Vestie Eboreime of the Abudu High Court had been induced to secretly issue an ex-parte order, restraining APC from screening Ize-Iyamu.

NAN reports that there was heavy presence of security personnel around the High Court premises following the tension generated by the case.

The security operatives, together with the state Traffic Management Agency, barricaded the major roads and restricted both human and vehicular movements in the area.

Some journalists, who arrived late for coverage, were barred from going into the court, until the intervention of the Court Registrar, Mr Idemudia Aziegbemhin.


Edited By: Sam Oditah/Donald Ugwu (NAN)

 

 

 

 

 

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Judiciary

Court sentences 2 drug traffickers to 6 months imprisonment each

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Justice Dorcas Agishi of Federal High Court on Thursday sentenced two drug traffickers to six months imprisonment each.

Justice Agishi sentenced Mansir Usman, 34 and Nuhu Samuel, 27 after they pleaded guilty to being in possession of 106gm of cannabis sativa, 0.9gm of Dizapham and 1.4gm of Tramadol.

The National Drug Law Enforcement Agency (NDLEA) Counsel, Mr Uche Chukwu, said the offence is punishable under the provisions of Section 19 of NDLEA Act CAP N30 Law of FRN 2004 as amended.

Delivering judgment, Justice Agishi, warned the convicts against indulging in criminal acts, which she said would only destroy their destinies and put their family members in agony and pain.

“You should know that the offence you committed can earn you 25 years in jail but because you are first time offenders and you pleaded for Mercy, l sentence both of you to only six months with an option of fine of N50,000 each.

“If any of you is caught and brought before me again, you shall not enjoy this sort of mercy again but will face stiffer penalty. So look for better things to do to help your families order than hard drugs, ” she warned.

Earlier, the judge, expressed gratitude to God for keeping her alive alongside the staff and Lawyers in her court room from the deadly Coronavirus pandemic


Edited By: Sadiya Hamza (NAN)

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Judiciary

Alleged intimidation: Court fixes June 11 to rule over Pilot’s claim

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A Karmo Grade 1 Area Court has on fixed June 11, to deliver rule  in an alleged case of criminal intimidation and inciting disturbance filed by a pilot, Abba Maigida.

 Maigida, who resides at No 13, Moses Majekodunmi Crescent, Utako, Abuja filed an application  for direct criminal  complain in compliance  with  Section 89 (5) of Administration of Criminal Justice Act (ACJA), 2015.

He instituted  the suit against his neighbour, Uche Okolie, on May 15.

The Judge, Inuwa Maiwada, who fixed the date, ordered that a letter of reminder be sent to the police to send a copy report of the investigation in order for the court to deliver its ruling.

He adjourned the matter until June 11, for ruling.

Earlier, the defendant’s counsel, Onyeka Osigwe, informed the court that the police has concluded investigation and will forward a report to the court.

NAN reports that Maigida alleged that Okolie who resides in an apartment directly above his own within the same address, constitutes nuisance.

Maigida said every attempt to get her to stop pounding on his ceiling failed.

In addition, Maigida alleged that the defendant threatened him with a knife, when he tried to talk to her to stop hitting objects on his ceiling.

The pilot is praying for the court to invoke the provisions of sections 183 and 397 of the Penal Code Law, which is an offence for inciting public disturbance and criminal intimidation.

The defendant, however, denied the allegation and the court ordered police investigation into the matter.

The court  directed that  a report be presented at the end of the investigation.(NAN)

GOAA/

edited by Sadiya Hamza


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Judiciary

Court orders police, DSS not to arrest CUPP spokesman, Ugochinyere

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The FCT High Court sitting in Bwari, Abuja has ordered the inspector-general of police and the director-general of the Department of State Services (DSS) not to arrest the Spokesman of the Coalition of United Political Parties (CUPP), Mr Ikenga Ugochinyere.

Justice Othman Musa, who gave the order on Thursday in Bwari, said the police and DSS should not give effect to the directives of the House of Representatives to arrest Ugochinyere.

”The 5th and 6th respondents are ordered in clear terms not to give effect to the act of 1st, 2nd, 3rd and 4th respondents, either by themselves, servants or privies for acts of disobedience of the orders of Justice Taiwo Taiwo of the Federal High Court in Suit No: /475/2020.

“They are further restrained from arresting or detaining in any manner the applicant, pending the determination of the motion on notice.”

The House of Representatives, led by its Speaker, Mr Femi Gbajabiamila, had directed the inspector-general of police, to arrest Ugochinyere over the allegation he made against the house, involving a $10-million bribe.

Ugochinyere had alleged that the house collected the bribe to hurriedly deliberate upon and pass the controversial Infectious Disease Bill, pending before it.

The house summoned the CUPP spokesman but Taiwo of the Federal High Court, Abuja ordered that status quo should be maintained in the matter.

Shortly after the house gave a fresh directive on Wednesday to the police and DSS, the CUPP spokesman rushed to court to stop his arrest.

The 1st to 6th respondents in the case with suit number /120/2020 are the speaker, the House of Representatives, Clerk of the National Assembly, Mr Henry Nwawuba, the IGP and DG of DSS.


Edited By: Edwin Nwachukwu/Silas Nwoha (NAN)

 

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Judiciary

Court acquits cleaner of defilement, as alleged victim failed to testify

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An Ikeja Sexual Offences and Domestic Violence Court on Thursday acquitted a 26-year-old cleaner, Charles Etuk of defilement as the alleged 13-year-old victim failed to testify.

Delivering judgment, Justice Abiola Soladoye, held that there was no direct evidence linking the defendant  to the alleged crime to warrant a conviction.

“There is no circumstantial or direct evidence linking the defendant to the crime. The victim did not testify in this case and the evidence of Sgt. Lama,  was not corroborated and non-compelling. The defendant cannot be convicted on it alone.

“The evidence of the sole prosecution witness, was a repetition of what he was told by the victim of this case and her mother. There was also no medical evidence before the court.

“Accordingly, the prosecution of this case was a waste of precious judicial time. I find you Charles Etuk not guilty as charged contrary to Section 261 of the Criminal Law of Lagos 2015,”Justice Soladoye said.

Following the judgment, defence counsel, Mr Kelechi Obi, thanked the court for “a well considered judgment”.

NAN reports that according to the prosecution led by Mrs Arinola Momoh-Ayokanbi, Etuk committed the offence sometime in April 2017 at No.16, Aina St., Sogunle, Lagos.

The police alleged that he defiled 13-year-old daughter of his neighbour.

The offence contravened the provisions of Section 261 of the Criminal Law of Lagos 2015

During trial, the prosecution opened its case on April 8, 2019 and presented one witness, the Investigating Police Officer (IPO), Sgt. Lama Bolaji.

The policeman in his evidence told the court that sometime in October 2017, the police had come to arrest the defendant’s home to arrest his brother over alleged defilement and the alleged victim who had witnessed the arrest had asked her mother the reason why Etuk’s brother was arrested.

“When her mother told her why the defendant’s brother was arrested, the daughter opened up to her mother and said that the defendant did the same to her earlier in April.

“According to her, the defendant had sent her to buy a drink for him and when she returned from the errand, he grabbed her and defiled her,” the IPO alleged.

Testifying solely in his defence on Jan. 23, Etuk denied all the allegations in court.


Edited By: Bola Akingbehin/Sadiya Hamza (NAN)

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Contact US: editor @nnn.com.ng, nnnnews247 @gmail.com

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