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Kashamu etradition suit: Court to begin hearing afresh June 6

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A Federal High Court in Lagos has now fixed June 6, to reopen hearing in a suit by Sen. Buruji Kashamu, seeking to stop his extradition to the U.S., on alleged drug related charges.

The Inspector General of Police, Commissioner of Police Lagos Police Command, Director General State Security Service (DSS), National Drug law Enforcement Agency NDLEA, and the Attorney General of the Federation (AGF)

He is urging the court to restrain the respondents and their agents from arresting or detaining him, in any manner whatsoever, or interfering with his right to personal liberty and freedom of movement.

Justice Chukwujekwu Aneke had since taken arguments in the suit from respective parties after which the court had reserved judgment until April 29.

On April 29, judgment could not be delivered in the suit as the period fell within the Easter vacation, and the court did not sit.

The matter was consequently, adjourned until May 10.

On May 10, Mr Ichakpa Oigoga, was the only counsel who appeared on the side of the defence, and he announced appearance for the NDLEA.

The court had then asked him if he was aware of a letter written by applicant seeking to reopen trial, and when he told the court that he was not aware.

Justice Aneke had then asked the registrar to show him a copy of the letter, adding that since a letter had already been presented, the court had a duty to hear parties.

After reading the letter, Oigoga informed the court that defence would file its counter affidavit in opposition.

The Court had consequently, adjourned the case for hearing.

At the resumed hearing of the case, Kashamu’s lawyer, Mrs Ifeoma Esom, informed the court of plaintiffs motion seeking to reopen hearing in the suit.

She told the court that the application was based on the discovery of new facts which she said would assist the court in doing justice in the suit.

In response NDLEA counsel. Mr J.N Sunday, admitted service of the application and told the court that he had already filed its response.

Aneke consequently set down the case for hearing on June 6.

In the new application, Kashamu is praying the court to reopen hearing which had already been concluded in the matter.

Plaintiffs counsel said that the application is predicated on the recent discovery of the Extradition (Amendment) Act 2018, which came into effect on Nov. 6, 2018.

She avers that it would be relevant in doing substantial justice in the matter.

According to plaintiff, the Extradition (Amendment) Act 2018 provides that: where a claim of mistaken identity is raised in an extraction case and no evidence is led to satisfactorily rebut the claim, the court shall dismiss the application for extradition order and discharge the defendant.

n a supporting affidavit, the applicant avers that by a newspaper publication, the Attorney General of the Federation was reported to have said that the U.S. Government had been told to make fresh request for his extradition, after the former proceedings were dismissed.

He averred that, in a proceeding instituted in England by the US authorities between 2002 and 2003, it was established that he was not the one implicated in the alleged narcotics offence committed in the US in 1994.

He said that consequently, he was not the person sought after by the US authorities.

Kashamu, is therefore, urging the court to restrain the respondents and their agents from arresting or detaining him, in any manner whatsoever, or interfering with the applicants’s right to personal liberty and freedom of movement

Meanwhile in a preliminary objection, deposed to by one Kareem Olayinka, the NDLEA averred that authorities of the United States are currently seeking to extradite the applicant to their country, to answer charges relating to Heroine trafficking.

He said that the U.S. government then made a request to the Nigerian government, for the applicant to be extradited sometime in May 2015.

The Agency said that since Kashamu got wind of the extradition request, he has filed multiplicity of law suits relating to the issue.

He averred that in all these actions the basic relief sought, is a restraining order against the NDLEA, from arresting and extraditing him to the US.

According to the NDLEA, this suit does not disclose any cause of action against the respondent, adding that the multiplicity of the action by the applicant against the NDLEA, is intended to divert its energy and attention from discharging its mandate to the nation.

He, avers therefore, that the NDLEA needs the protection of the court to stop this trend, as the applicant is only engaged in shopping for a forum that will grant his desired reliefs.

The Agency is therefore, asking the court to dismiss the suit.

edited by Sadiya Hamza

Judiciary

2 men in court for allegedly damaging house foundation

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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

(NAN)

 

 

 

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Judiciary

2 charged with attempting to buy hemp with fake naira notes

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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.

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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

(NAN)

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Judiciary

Court remands man, 26, for stealing goods worth N1,710

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An Ota Magistrates’ Court in Ogun, on Friday, remanded a 26-year-old man, Afeez Alabede, in Abeokuta Correctional Centre for stealing goods valued at 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

(NAN)‘Wale Sadeeq

 

 

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Judiciary

Police arraign man for allegedly stealing provisions worth N170,000

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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

(NAN)‘Wale Sadeeq

 

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Judiciary

Job applicant remanded for allegedly robbing with toy gun

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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

(NAN)

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Judiciary

Driver remanded for allegedly raping landlord’s 16-year-old daughter

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A Kaduna magistrates’court on Friday remanded a driver, Amos Luka, 33, for allegedly raping his landlord’s 16-year-old daughter.

The Magistrate, Umar Ibrahim, who did not take the defendant’s plea, ordered that he (Luka) should be kept in correctional facility pending advice from the state Director of Public Prosecutions (DPP).

Ibrahim adjourned the case until Jan. 17, for mention.

The defendant, a resident of Idoma Road, Hayin Bakin, Kaduna State, is facing a charge of rape.

The Prosecutor, Insp. Chidi Leo, had told the court that the victim’s parents reported the matter at Kawo Police Station on Dec. 2.

Leo said that on the same date at about 6.00pm when the landlord’s 16-year-old daughter was taking her bath, the defendant, who is a tenant in the house, forcefully open the bathroom.

“The defendant then cover her mouth with his hand and forcefully had unlawful carnal knowledge of her before she was rescued by the mother who came back from the market,” he said.

The prosecutor noted that the offence contravened Section 258 of the Kaduna State Penal Code, 2017.

The Nigeria News Agency reports that Section 258 of the Penal Code prescribes life sentence for rape.

Edited by: Tayo Ikujuni/Tukur Muntari.

(NAN)

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3 docked for allegedly stealing N1.4m inverter batteries

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The police in Lagos on Friday arraigned three men – Sunday Joseph, Kazeem Kareem and Moses Nworie – who allegedly stole eight inverter batteries worth  N1.4 million

Joseph, 31, Kareem, 27, and Nworie, 39, are facing a two-count charge of conspiracy and stealing, before an Ikeja Chief Magistrate Court,

They, however, pleaded not guilty to the charge.

The Prosecutor, ASP Peter Nwangwu, told the court that the defendants committed the offences with some others still at large, on Nov. 14, on Adebayo Street, Ikorodu, Lagos.

Nwangwu said that Joseph and Kareem stole the inverter batteries belonging to America Tower Corporation, Nigeria, and sold them to Nworie.

“Nworie received the batteries, knowing that they were stolen,” the prosecutor said.

He said that the offences contravened Sections 287, 326 and 411 of the Criminal Law of Lagos State, 2015.

The Nigeria News Agency reports that Section 287 stipulates three years’ imprisonment for stealing.

The Chief Magistrate, Mrs Yewande Aje-Afunwa, granted the defendants bail in the sum of N350, 000 each with two  sureties each in like sum.

Aje-Afunwa adjourned the case until Jan. 8, 2020, for mention.

Edited by: Edith Bolokor/Ijeoma Popoola

(NAN)

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Man, 26, faces trial for alleged house-breaking, stealing in Ibadan

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The police, on Friday, dragged a 26-year old Sodiq Fasasi, before an Iyaganku Senior Magistrates’ Court for alleged house-breaking and stealing.

The Nigeria News Agency reports that Fasasi, whose address was unknown, was charged with a two- count charge of burglary and stealing.

The prosecutor, Insp Sunday Ojeleye, told the court that Fasasi, on Nov. 29, at about 2 p.m. at Ile Apena Alabede’s house, Foko area, Ibadan, allegedly broke into the apartment of one Ibrahim Adegbenro.

Ojeleye said, ” the defendant allegedly stole plasma television valued N24,000, two speakers valued N5,000, a pressing iron valued N5,000, MP 3 radio valued N2,000 and a decoder valued N5,000.

“The defendant was caught while trying to escape with the electronic gadgets and he was thereafter reported to the police.

He said that the total value of the stolen items was N41, 000, stressing that the offence contravened Section 390 (9) and 413 (2) of the Criminal Code, Cap. 38, Vol. II, Laws of Oyo State, 2000.

The defendant, however, pleaded not guilty to the charges brought against him.

The senior magistrate, Mrs T. B Oyekanmi, granted the defendant bail in the sum of N50, 000 with two reliable sureties in like sum, and adjourned the matter until Jan. 20 for mention.

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Judiciary

Alleged treasonable felony: AGF takes over Sowore’s case

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Abubakar Malami, SAN, the Attorney General of the Federation (AGF) and Minister of Justice, has taken over the prosecution of Omoyele Sowore in the charge of treasonable felony against him at the Federal High Court, Abuja.

“and addressed to the Director General of the Department of State Services, National Headquarters Abuja.

“The Solicitor General of the Federation and the Permanent Secretary, Federal Ministry of Justice, Dayo Apata, SAN, who signed the letter refereed to a letter from the DSS office on Sept 9, 2019.”

Gwandu said that upon further review of the case, the AGF directed the immediate takeover of the prosecution of all charges in respect of Sowore by the Federal Ministry of Justice in

line with the provisions of Sections 150(1) and 174 (1) (a-c) of the 1999 Constitution (as amended).

He said the letter requested the DSS to “promptly forward all the case

files” in respect of Sowore to the office of the AGF.

Edited by: Sadiya Hamza

(NAN)

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