Akure, May 15,2019 An Ondo State High Court sitting in Akure has declared Mr James Ololade-Gbegudu as the winner of the All Progressives Congress (APC) House of Assembly primary election for Okitipupa Constituency ll.
Ololade-Gbegudu had approached the court to seek an order to compel the APC and INEC to recognise him as the authentic APC candidate for the constituency and not the lawmaker-elect, Mr Sina Akinwunmi, whose name was forwarded to the electoral body by the party.
The claimant said that he won the direct primary election of the constituency held on Oct. 5, 2018 with 4,000 votes to beat five other aspirants, including Akinwunmi, who polled zero vote.
Justice Olabode Adegbehingbe, in his judgment, held that all evidence laid before the court by officials of the APC, documentary evidence, including the primary election result sheet adduced by counsel to the plaintiff, Mr Femi Emodamori, showed that Ololade-Gbegudu actually won the APC assembly ticket.
“Evidence before me shows that the total number of accredited voters was 7,000 while 6,500 was total valid votes and claimant scored total number of 4,000 votes which was signed by the representative of APC and INEC.
“So, the claimant is the winner of the primary election of Ondo State House of Assembly for Okitipupa constituency ll held on Oct 5,2018.
“Although,section 87 (4) of the Electoral Act, 2010 (as amended) does not mandate the party to forward names of Direct Primary election winners to INEC but party might choose to or not to forward such names as candidate.
“I can not apply Section 87(3) of the Act which only deals with Indirect primary, because there is no authority to be cited on the aspect of winners of party’s direct primary whose names was not sent to INEC,” Adegbehingbe said.
He also dismissed objection of the defendants that the claimant’s case was filed out of time and statute-barred, saying that the suit was brought within 14 days allowed by the 1999 Constitution (as amended).
Adegbehingbe, however, declined to grant other reliefs of the claimant that certificate of return earlier issued to Akinwunmi be withdrawn and issued to him.
He said that the court could not force the APC to recognise the claimant as its authentic candidate for the March 9, 2019 State Assembly polls.
Commenting on the verdict, counsel to the claimant, Mr Femi Emodamori, said his client would approach the appellate court to order to compel INEC to withdraw the Certificate of Return issued to Akinwunmi and re-issue it to Ololade-Gbegudu.
“Since the High Court had affirmed Ololade-Gbegudu as the authentic APC candidate and winner of the primary election held on October 5, 2018 witnessed by INEC officials, we will approach the appellate court for necessary action,” he said.
Counsel to both the INEC and APC, Messrs Bukola Durojaye and Tajudeen Oyerinde respectively expressed satisfaction with the judgement.
Man docked over alleged N190,000 fraud
Lateef, whose address was not provided, is facing a two-count charge of fraud and stealing, to which he pleaded not guilty.
The Prosecutor, Insp. Emmanuel Abdullahi, told the court that the defendant committed the offences on Sept. 30 in Ondo Road, Ile-Ife.
Abdullahi said that the defendant borrowed N190,000 from the complainant, Mr Alake Ayigun, and that he would pay him back on Oct. 30, a representation he knew was false.
All efforts made by the complainant to recover his money proved abortive,” the prosecutor said.
According to him, the offences contravene Sections 390 and 419 of the Criminal Code, Law of Osun, 2002.
Defence Counsel, Mr Babawale Omodogbe, urged the court to grant his client bail in the most liberal terms, promising that he would not jump bail
The Magistrate, Mr Muhibah Olatunji, granted the defendant bail in the sum of N200,000, with two sureties in like sum.
Olatunji ordered that the sureties must reside within the court’s jurisdiction and should show evidence of tax payments to Osun Government.
He adjourned the case till Jan 13, 2020, for mention.
Edited by: Okisor Angela and
4 neighbours defiled me for 7 years, woman tells court
A 20-year-old fashion designer (name withheld) on Monday narrated before an Ikeja Sexual Offences and Domestic Violence Court how she was allegedly sexually abused and defiled by four neighbours on different occasions over a seven-year period.
The Nigeria News Agency reports that two of the neighbours – a driver, Taofeeq Alabi, and dry cleaner, Igwe Andrew, aged 49 and 31, respectively – are facing trial for defilement.
The other two – Babatunde Green and Babatunde Andrew – are currently at large.
Led in evidence by Mrs Arinola Momoh-Ayokanbi, prosecution counsel, the complainant, who is the first prosecution witness, narrated how each of the two defendants allegedly defiled her.
The wife of Taofeeq Alabi, the first defendant, is a fashion designer and I usually go to their apartment upstairs to learn while she sews clothes for clients.
One day, her husband asked me to come to the apartment, that he wanted to send me on an errand.
When I got into the apartment, he gave me a powder to lick and told me that he had put something (black magic) in my body and that even though I got married, it would still be there.
I became very scared, he removed my clothes and had sexual intercourse with me.
I did not tell anyone about what happened because of fear and I was also afraid of how my parents might react if I told them,’’ she said.
Narrating how Andrew, the second defendant allegedly defiled her, she said he committed the offence in her bedroom.
I was fast asleep in my bedroom and forgot to lock the door. Andrew came into my bedroom and lay on top of me.
When I woke up and asked why he was in my room, he asked me to shut up.
He told me that he wanted to have sexual intercourse with me,” she said.
The witness said that she tried unsuccessfully to push him away and he forcefully defiled her.
After it happened, my younger brother came into the bedroom, saw him and beat him with a stick, telling him to get out of the room.
The next day, he approached me and told me he wanted me to do something for him.
When I asked what it was, he proceeded to show me a blue film (pornography) on his phone.
I ignored him and since that day, I avoided him,’’ she said.
The complainant said both defendants defiled her when she was a 14-year-old Senior Secondary One (SS1) student.
She said the other neighbours (Green and Babatunde) started defiling her when she was in primary school.
She said she never told her parents about the defilement because she was scared of them but it all came to light when the caretaker of their property informed her father that she was being defiled by the neighbours.
My father reported the defilement at the Ladipo Police Station, where we made a statement and I was referred to the Mirabel Centre for medical examination,’’ she said.
After the evidence, defence counsel, Mr K. U. Ani, requested for an adjournment of the cross-examination of the witness on the grounds of his ill-health.
Justice Abiola Soladoye adjourned the case until Feb. 2, 2020, for cross-examination of the alleged victim.
According to the prosecution, the defendants committed the offences from 2010 to 2017 at the Papa Ajao area of Mushin, Lagos.
The defendants, who have been remanded at a correctional facility, defiled the complainant, who is their neighbour, by having unlawful sexual intercourse with her when she was 14 years old.
“The offence contravenes Section 137 of the Criminal Law of Lagos 2015, which prescribes up to life sentence for anyone convicted of defilement of a child,’’ Momoh-Ayokanbi said.
Edited by: Abdulfatah Babatunde/Ijeoma Popoola
Alleged P&ID scam: Court dismisses Briton’s plea for bail variation
The Federal High Court, Abuja, on Monday, thrown out the application for bail variation filed by the British national, James Nolan.
Justice Okon Abang, who dismissed the prayer, said the application lacked merit.
The judge wondered why Nolan could not respond to the serious allegations leveled against him by the Economic and Crimes that he forged resident permit and that if granted bail he might jump bail.
According to Justice Abang, I took a risk in admitting the 3rd defendant (Nolan) to bail.
Justice Abang said he was surprised that no attempt was made by the defendant to fulfill the bail conditions.
He was skeptical at the speed the Briton applied for bail variation, following the court’s decision to grant his initial bail application.
Abang said Nolan, in his statements in Paragraph 9, Sub-paragraph 11 to 13 of his affidavit in support of his application, told the court that he had lived in Nigeria for over 20 years and had been part of Nigerian community and had invested in human and infrastructural development in different communities in Nigeria through his companies.
He said he constructed a primary school block and a modern access bridge in Bauchi State.
He even exhibited the photographs of the primary school block and the access bridge constructed by the application in Bauchi State and marked Exhibit JRA4, Exhibit JRA5 respectively,” he said.
According to the judge, having constructed a school and modern bridge in Bauchi State, the defendant ought to have approached at least a senator representing that area.
He said there was no evidence before the court to show that Nolan reached out to a senator to stand as a surety and the senator turned down his request.
According to Abang, this would have made the court to believe in the defendant that he has made effort to secure a senator as his surety and it was not possible, and therefore the need for the court to vary the bail conditions.
It is not impossible to secure a senator as surety but the defendant made no effort in this regard,” he held.
The judge said a person who had invested so much in human and infrastructural development cannot claim that no senator is prepared to stand a surety for him.
In fact, I even took a risk in admitting defendant to bail, having regards to what the constitution placed before the court and having regards to the peculiar facts of the case.
The prosecution stated that the defendant is a foreigner who forged resident permit and the prosecution informed the court in a letter from Immigration Service to this effect.
The defendant did not react to this serious allegation and I do not have to wait till prosecution proved the case beyond reasonable doubt.
The judge said he had to consider the chances of the defendant standing trial, following the allegation that the defendant might jump bail if granted.
He therefore said he could only release Nolan to a surety that has a major stake in the affairs of the county, who could produce him in court whenever he is needed for trial.
He expressed concern that if Nolan jumped bail, the court could not guarantee where he would run to.
It was also alleged that Nolan and his collaborators induced Nigerian officers into fraudulent contract which led to an award of 9.6 billion dollars against Nigeria in UK, that the 3rd defendant is at the heart of this companies, in fact, one of the direction minds of those companies; Process Industrial Development Ltd and Process Industrial Development Nigeria Ltd, involved in the alleged fraudulent contract.
It was also alleged that the 3rd defendant has foreign collaborators that are currently abroad, pursuing the enforcement of the foreign judgment debt of 9.6 billion dollars against Nigeria in United Kingdom,” Justice Abang held.
The judge noted that if the judgment was enforced on Nigeria, “the 3rd defendant would have no incentive, in my view, to remain in Nigeria.”
The judge, therefore, ruled that: “The defendant having failed to provide materials to enable the court vary the bail conditions, the application lacks merit and it is accordingly dismissed.”
Justice Abang, then, adjourned till Dec. 10 for trial continuation.
Nigeria News Agency reports that Justice Abang had, on Nov. 7, admitted Nolan to a bail in the sum of N500 million.
The judge, who granted the bail in an application filed by Nolan, ordered that the applicant must produce a surety in like sum, who must be a Nigerian and a serving senator not standing any criminal trial in any court in Nigeria.
Besides, he held that the proposed surety must submit a three years tax clearance certificate and sign an undertaking to always be present in court with the defendant throughout the duration of the trial.
The senator must have a landed property fully developed in Maitama District of Abuja and fully certified by the FCDA.
”The surety must submit two passport photographs,” Abang had ruled.
Likewise, the court ordered the defendant to surrender all his international passports, even as it mandated the Nigerian Immigration Service to confirm how many passports that were issued to him within the past 20 years.
Process and Industrial Development (P&ID), an Irish engineering company, had secured the award against Nigeria following the non-execution of a 20-year gas and supply processing agreement (GSPA) the company had with the Federal Government.
The arraignment of the two British nationals is coming weeks after two P&ID directors were convicted over the deal.
The defendants, both directors of Goidel Resources Limited, a Designated Non-Financial Institution and ICIL Limited, were arraigned on a 16-count charge bordering on alleged money laundering. .
Edited by: Sadiya Hamza
Man, 32, docked over alleged N185,000 fraud
A 32-year-old man, Innocent Eze, was, on Monday, arraigned before an Ado-Ekiti Chief Magistrates’ Court over alleged N185,000 fraud.
Eze, whose address was not provided, is facing a charge of fraud before the court.
He, however, pleaded not guilty to the charge.
The Prosecutor, Insp. Oriyomi Akinwale, told the court that the defendant committed the offence with some other persons, still at large in April 2018, at Oke-Age Street in Ado-Ekiti.
Akinwale said that the defendant collected N185,000 from the complainant, Mr Chukwuemeka Reuben, under the pretext of getting a shop for him, which he failed to do.
Akinwale said that the offence contravened Section 419 of the Criminal Law of Ekiti State, 2012.
He urged the court to adjourn the case to enable him study the case file and assemble his witnesses.
The Defence Counsel, Mr Timi Omotosho, urged the court to grant his client bail, promising that he would not jump bail.
The Chief Magistrate, Mr Adesoji Adegboye, granted the defendant bail in the sum of N200,000, with two sureties in like sum.
Adegboye adjourned the case till Feb. 3, 2020 for mention.
Edited by: Edith Bolokor and
Banker remanded over alleged N50m fraud in Ibadan
Ajoku ordered Agbabiaka to be remanded after he had pleaded not guilty to the 34 count-charge leveled against him.
She adjourned the case till Feb. 6, 2020 for commencement of trial as well as hearing of bail application.
Counsel to the Economic and Crimes , Mr S. Bashir, had earlier told the court that the accused was arraigned on 34 count-count bordering on forgery, unlawful conversion and stealing of N50 million belonging to one Mrs Justina Okoye.
According to Bashir, Agbabiaka committed the crime on different dates between Janurary and August while he was attending to Okoye as a customer of Fidelity Bank of Nigeria.
The prosecutor further stated that Agbabiaka, an account officer of Fidelity Bank, at various times forged the signature of the complainant to withdraw the N50 million.
Bashir said that the offence contravened Section 1 (2) and (C ) of the Miscellaneous Offences Act M17 Laws of 2007. (NAN
(Edited by: Ejike Obeta/Mufutau Ojo)
Anti-Corruption Day: Journalists urge FG to be decisive, non-partisan in fight against corruption
the Nigerian Guild of Investigative Journalists, NGIJ, has urged the President Muhammadu Buhari – led administration to be decisive, non-partisan and follow the rule of law in its fight against corruption.
Mr Wale Abydeen, President of the guild made the call in a statement he issued on Monday in Lagos.
Abydeen urged anti-graft agencies to resist intimidation, partisanship, favouritism and nepotism in carrying out their constitutional responsibilities.
He urged the agencies to live above board to salvage socio-political and economic life of the people of Nigeria.
“No nation prospers without a decisive fight against corruption, so for Nigeria to get to her promise-land, fight against corruption must be sustained.’’
He called on Nigerians to rise against the menace by providing information that would aid the duties of the anti graft agencies.
Edited by: Chukwudi Ekezie
Court remands ex – policeman for killing truck driver at checkpoint in Ondo
Court remands ex-policeman for allegedly killing truck driver at checkpoint in Ondo
The Chief Magistrate, Mrs Charity Adeyanju, ordered that Idowu, who at the time of the incident was in the police force, should be remanded at a correctional service centre pending his bail application.
Adeyanju adjourned the case until Dec. 27 for mention.
The defendant is facing a charge of manslaughter.
Earlier, the Prosecutor, Insp. Uloh Goodluck, told the court that the defendant committed the offence on Dec. 2 at a checkpoint at Uso, in Owo Local Government Area of Ondo.
Goodluck told the court that the defendant shot the driver, Mr Ado Saleh, on his head with an AK47 rifle.
The offence, he said, contravened Section 316 of the Criminal Law of the Ondo State of Nigeria, 2006.
Defence counsel, Mr Ademola Ikujuni, urged the court to adjourn the case to enable him to study the case file.
Edited by: Okisor Angela/Donald Ugwu
Contempt: IGP, Kyari appeal against order, apply for stay of execution
The Inspector-General of Police (IGP), Mr Mohammed Adamu, and a Deputy Commissioner of Police in charge of Response ,Mr Abba Kyari, on Monday appealed against a court order directing them to produce an alleged dead suspect in court either “dead or alive”.
NAN reports that Justice Dorcas Agishi of the Federal High Court Jos had ordered the IGP to produce one Nanpon Sambo, facing trial before her for alleged illegal possession of fire arms, or face contempt charges.
The judge had ordered that the duo must physically appear before it on Dec. 9 and explain why they should not be committed to prison for gross contempt of court.
NAN reports that in spite of the order, the duo, who did not appear in person, however, filed an appeal and a motion on notice asking for a stay of execution of the earlier order for the production of Sambo “dead or alive”.
Instead of appearing in person as directed by the court, they filed the appeal on Monday morning, Dec.9, through their counsel, Joshua Ayanna, at the registry of the court and left without stepping into the court room.
At the resumed hearing of the case on Monday, Sambo’s counsel, Mr. D.G. Dashe, told the court that he had just been served with the two processes in court.
My Lord, the Bailiff has just been here in court with a motion on notice for a stay of execution of your order, which directed them to produce Sambo.
My worry is that in spite of filling an appeal and a motion on notice at the Registry this morning, there is nobody or counsel in court as we sit to represent them.
In the first place, l wonder why they could go on appeal of such an order because if the suspect is dead as they claimed and the court has ordered them to produce the corpse, they should just comply, ” the defense counsel said.
Dashe, however, applied for time to enable him to study the two processes filed for an appropriate response.
The Judge, then, adjourned the case to Dec. 16 for hearing of the motion on notice.
Edited by: Philip Dzeremo and Abdullahi Yusuf
Police arraign man, 45, for allegedly assaulting apprentice
The Police on Monday arraigned a 45-year-old man, Joel Kosoko, in an Ikeja Chief Magistrates’ Court, for allegedly assaulting an apprentice.
Kosoko, of no fixed address, is standing trial on a four-count charge bothering on assault and injury.
Nwaongwu said that Kosoko, who was a trainer to the complainant, John Abraham, an apprentice, inflicted injury on his left eye and caused him harm.
He said the defendant and others conducted themselves in a manner likely to cause a breach of peace when they assaulted Abraham following a misunderstanding.
They caused a serious injury on his left eye which he may likely not be able to see with again,” he said.
The prosecutor said the offences contravened sections 168(d), 173, 246 and 411 of the Criminal Laws of Lagos State, 2015.
The Nigeria News Agency , reports that Section 246 stipulates three years imprisonment for the offender.
The defendant, however, pleaded not guilty to the charges.
The Chief Magistrate, Mrs Y. O. Aje-Afunwa, granted the defendant bail in the sum of N200, 000 with two sureties in like sum.
Aje-Afunwa adjourned the case until Feb. 2, for further hearing.
Edited by: Tayo Ikujuni/Nyisom Fiyigon Dore
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