Two human rights lawyers shot dead in Delta

Legal practitioners in Delta state have been thrown into mourning following the gruesome assassination of two lawyers on Thursday.

Renowned lawyer and human rights activist Mr Horrace Egbon Dafiogho and his junior colleague, identified as Sam Ekwajor, were shot dead along Ughelli – Ozoro road on Thursday.

It was gathered that the duo were on their way to Ozoro, where they are defending suspects in a high profile kidnap case involving a prominent politician in the state, when they were killed.

Although the circumstance surrounding the killing was yet unclear, it was gathered that the incident has led to shock and panic among legal practitioners in the state.

The National Coordinator, Forum for Justice and Human Rights Defence, Mr Oghenejabor Ikimi, told our reporter he was stupefied by the development.

He said, “It was last night that I just heard the news and it is very surprising to me. Why would anybody kill a lawyer and an activist who spends his time defending the less privileged in the society?”

Our reporter gathered that prior to his death on Thursday the legal practitioner had raised the alarm over threat on his life.

One his colleagues told our reporter, “He even told the judge hearing one of his cases that his life was being threatened.”

Church robbery: Court grants suspects N100,000 bail

 

An Ikeja Magistrate’s court on Thursday granted bail to eight armed robbery suspects said to have been involved in a church robbery in which phones and money estimated at N2m was said to have been stolen.

Among the suspects is the son of the traditional ruler of Ojokoro Community, 31-year-old Adeola Taiwo.

Others are Agozie Ordu, Amidu Shittu, David Bojuwola, Ismail Mufutau, Ahmed Akinola, Moruf Bello and Mutiu Adeosun.

The Magistrate, Mrs. Abimbola Komolafe, granted the suspects bail in the sum of N100, 000 with two sureties in like sum.

PUNCH Metro had reported on Friday, March 21, 2014 that about 15 armed men had stormed the Christ Apostolic Church at Alagbado, Lagos State.

Our correspondent had reported that the men had struck around 2am while the congregation was engrossed in a prayer session during their monthly vigil.

The pastor of the church, who was in hiding, was said to have identified the leader of the gang as the son of the traditional ruler after Taiwo reportedly pulled off his mask while arguing with a member of the gang over a stolen phone.

Community sources had told our correspondent that after the church robbery, the gang, notorious for their ruthless operation, further robbed three other streets.

Our correspondent gathered that after one of them was arrested during the church robbery, further investigations led to the arrest of nine others.

PUNCH Metro had reported that some high-powered influences had been pressuring the police authorities to drop the charges against the men.

The pastor was also said to have been under pressure to re-write his statement.

On Thursday, our correspondent noted that eight suspects were brought before the court.

They were arraigned on eight counts of armed robbery.

The charge reads in part, “That you Agozie Ordu, Adeola Taiwo, Amidu Shittu, and others now at large on February 22, 2014 at about 2.20am, at C.A.C, Oke Alafia Area, of Ojokoro Lagos in the Lagos Magisterial District, did conspire among yourselves to commit felony to wit; Armed Robbery and thereby committed an offence punishable under Section 297 of the Criminal Law of Lagos State of Nigeria, 2011.

“That you did rob various type of cell phones, laptop, palmtops and cash sum of N421, 105, total value of N2m, property of Pastor Julius Odewale and members of CAC, Oke Alafia and thereby committed an offence punishable under Section 295 of the Criminal Law of Lagos State, Nigeria, 2011.”

The charge added that on March 10, there was another robbery operation at the Adura area, Ojokoro, in which phones, laptops, a wedding ring, and various sums of money were stolen from 13 residents.

The defendants pleaded not guilty to the charge.

They were represented by three defence counsel who asked for their bail.

The police prosecutor, Eranus Nnamonu, did not oppose the application for bail.

He said, “We are not objecting to the bail of the defendants. We have numerous complainants in this case.”

Only one of the fourteen complainants was in court.

The magistrate said, “The defendants are admitted to bail in the sum of N100, 000 with two sureties in like sum. The sureties must be gainfully employed, residents in Lagos with three years tax clearance and their addresses verified.”

The matter was adjourned till June 5, 2014.

Murder Charge: Court aquits Chidi Lloyd

Mr Chidi Lloyd, Majority Leader of the Rivers House of Assembly, was on Thursday discharged and acquitted by a High Court in Port Harcourt over the charge of attempted murder.
Justice Ledan Nyordee, who delivered the judgment, said there was nothing the court could do in the matter as the police was not willing to prosecute the case.
Lloyd was arrested and charged with attempted murder of Mr Michael Chinda, (PDP- Obio/Akpor 11) in the state legislature.
Lloyd was alleged to have hit Chinda on the head with a mace during a fight between the supporters of Gov. Chibuike Ameachi and anti-Amaechi legislators in July 2013.
NAN also recalls that the state legislative complex was closed down after the free-for-all.
The State Attorney-General and Commissioner for Justice had written the court to inform it that the police did not send the case file to his office.
Justice Nyordee said the court was handicapped in the matter as the police was not willing to prosecute the case and cited the relevant section of the constitution to support the court’s decision.
NAN further recalls that the matter had suffered several adjournments due to the police “inability’’ to make the case file available the attorney-general.
Mr. Beluolisa Nwaofor (SAN), counsel to the accused person, told reporters that “my client is free as far as this matter is concerned.
“You will recall that the attorney-general and commissioner for justice had written the court to inform it that the police did not send the case file to his office,’’ Nwaofor said.

NJC suspends Rivers Chief Judge

 
The National Judicial Council (NJC) on Thursday announced the suspension of the Chief Judge of Rivers, Justice P.N.C. Agumagu.
This is contained in a statement issued on Thursday by the office of the Acting Director of Information, NJC, Mr Soji Oye.
It said that the Council took the decision at its emergency meeting on Wednesday.
The News Agency of Nigeria (NAN) reports that Agumagu, a former president, Rivers Customary Court of Appeal, was sworn-in as substantive Chief Judge of the state on March 18.
The statement said Agumagu’s appointment did not comply with the provisions of Section 271 of the 1999 Constitution which stipulates that a state governor must appoint a Chief Judge “on the recommendations of the NJC’’.
According to the statement, the NJC did not recommend Justice Agumagu to the governor of Rivers for appointment as the state Chief Judge.
“The National Judicial Council did not at any time make any recommendation to the Governor of Rivers State that Justice P. N. C. Agumagu, President, Customary Court of Appeal, be appointed the substantive Chief Judge of Rivers State.
“That the National Judicial Council does not and will not recognise Justice P.N.C. Agumagu as the Chief Judge of Rivers State.
“The general public and all concerned in the matter, particularly the governor of Rivers, the state assembly and the judiciary, be notified and informed that the NJC will not deal with Agumagu as the Chief Judge of Rivers.
“In the meantime, Council in exercise of its powers under paragraph 21 (d) of Part 1 of the Third Schedule of the 1999 Constitution, has suspended Justice P. N. C. Agumagu from office as a judicial officer with immediate effect,” the statement said.
The statement further said the NJC had directed that a query be issued to Agumagu to explain in writing within four days “why he should not be removed from office as a judicial officer.
This, according to the statement, “is due to his failure to abide by his oath of office to uphold the Constitution and Laws of the Federal Republic of Nigeria’’.

Anambra tribunal rules in favour of Ngige

The Governorship Elections petitions tribunal sitting in Awka, Thursday ruled that Mr. Edwin Onoja from the Policy And legal Advocacy Centre (PLAC) has the right to testify on the November 16, 17 and 30, 2013 Governorship election held in the state.
The ruling was reserved for Thursday by the tribunal chairman, Hon Justice Ishaq Bello after heated argument between the legal teams of both the petitioners and the respondents.
Delivering the 15 minute ruling, Bello said that the objection raised by Dr Onyechi Ikpeazu SAN counsel to Governor Willie Obiano and Patrick Ikwueto SAN for the All Progressives Grand Alliance (APGA) were misconceived.
The witness who was subpoenaed having been invited by the independent National Electoral Commission (INEC) to cover the election through Nigeria Civil Society Election Situation Room (NCSESR) was halted by the opposition counsels when Senator Chris Ngige’s lead Counsel, Mr. Rotimi Akeredolu SAN introduced him.
The reasons for Ikpeazu SAN and Ikwueto’s SAN objections stemmed from the fact that the reports sought to be tendered were not authored by the witness, and were not signed.
But Akeredolu SAN said that the admissibility of the documents was generally guided by three main entries firstly, whether the document was pleaded, whether it was relevant and whether the documents were admissible in law.
He said the petitioner had pleaded election observers including  (NCSESR), adding that they were going to rely on them noting that whatever report they bring was very relevant.
But Ikpeazu SAN and Ikwueto SAN maintained that the witness was not the author, adding that the author was one Clement Nwankwo who Ikwueto described as his friend and school mate.
However, when the argument lasted for so long, the tribunal chairman deferred the ruling till Thursday which he eventually ruled in favour of the petitioner.
Meanwhile, over eight other witnesses appeared before the tribunal including Anaekwe Kenneth who showed his voter’s card, showing that INEC registered them while their names did not appear on the voters register.

Mechanic in court over alleged assault

A mechanic, Tayo Adedeji, on Wednesday appeared before an Itire Magistrates’ Court in Lagos over alleged assault on a man who quarrelled with ladies.

Adedeji, 22, who resides at No. 27, Itire Road, Lagos, was charged with conspiracy and assault.

The Prosecutor, Insp Olakunle Shonibare, told the court that the accused and others at large committed the offences on Feb. 13, at 11p.m. at Akanro St., Ilasamaja, Lagos.

He said the accused caused bodily injuries on Mr Lukman Busiriyu, who had asked some ladies to go out of a commercial bus.

Shonibare said the ladies had, after the clash with the complainant, brought the accused and three others to attack Busiriyu with broken bottles.

Shonibare submitted that some young men nearby apprehended the accused before he took off with others.

He said that the offences contravened Sections 409 and 171 of the Criminal Law of Lagos State, 2011.

The accused, however, pleaded not guilty.

The Magistrate, Mrs A.O. Gbajumo, granted him bail in the sum of N100,000 with two sureties in like sum.

She adjourned the case to April 8 for mention.

Court fixes March 31 for hearing of Sanusi’s suit

A Federal High Court on Friday in Lagos fixed March 31 for the hearing of a fundamental rights suit filed by the suspended Central Bank Governor, Malam Sanusi Lamido Sanusi.

Sanusi had filed the suit through his counsel, Prof. Yemi Osibanjo (SAN), seeking an order restraining the police and the State Security Service from arresting, detaining or harassing him.

Joined in the suit are the Attorney General of the Federation, Inspector General of Police and the SSS as first, second and third respondents respectively.

The News Agency of Nigeria (NAN) reports that the applicant’s motion was scheduled for hearing on Friday.

Counsel to the first respondent, Dr Fabian Ajogu (SAN), informed the court that he had a motion on notice dated March 19.

He said the motion was for extension of time to regularise filing processes.

Counsel to the third respondent, Mr Ahmed Musa, also made the same application, saying his motion was dated March 17.

However, counsel to the applicant, Chief Kola Awodehin (SAN), did not oppose the application for extension of time.

Awodehin, who said was prepared to proceed with his motion, noted that he was constrained to ask for an adjournment by the nature of applications filed by the first and third respondents.

Consequently, Justice Ibrahim Buba adjourned the suit to March 31 for hearing of the applicant’s suit on the understanding that all parties would have regularised all processes before the next adjournment.

“The respondents’ motion for extension of time is granted and time is hereby extended in terms of the prayers on the face of the motion paper.

“This suit is therefore adjourned to March 31 for hearing,” he ruled.

NAN also reports that the court had on Feb. 21 granted an interim order restraining the respondents from arresting, detaining, or harassing the applicant pending the determination of the motion on notice.

The interim order was sequel to an affidavit of urgency filed by the applicant on the same date.

The court had also granted the applicant leave to serve the originating summons and other accompanying court processes on the respondents.

Fani-Kayode: No fund missing, says EFCC witness

An Economic and Financial Crimes Commission (EFCC) witness has told a Federal High Court in Lagos that the commission’s investigation revealed no fund was missing during the tenure of Femi Fani-Kayode as Aviation Minister.

Bashir Abdullahi, who was the Investigating Police Officer (IPO) spoke under cross examination by defence lawyer Ifedayo Adedipe (SAN).

He told Justice Rita Ofili-Ajumogobia that he was assigned the case file in 2008 for investigation and a letter was written to the First Inland Bank to produce Fani-Kayode’s bank statement which was deposited with the EFCC.

The witness said that during investigations, the former minister was invited to the EFCC, where he made various statements in writing relating to the Aviation Intervention Fund (AIF) received during his tenure.

He said that Fani-Kayode on assumption of office set up a committee to probe the disbursement of the AIF made by his predecessor.

He told the court that investigations revealed that no part of the funds was missing during the tenure of the former minister.

“Our investigations revealed that a total of N19.5 billion was released as Aviation Intervention Fund, out of which a total of N8.5 billion was released during the tenure of Prof. Femi Aborishade, the predecessor.

“During the tenure of the accused, the sum of N11 billion was released and out of this sum, the accused disbursed a total of N3.8 billion, leaving a remainder of N7.2 billion in the Ministry’s account.

“Investigations also revealed that no part of the Aviation fund was missing during the tenure of the accused, and there was also no findings that the accused made any disbursement without due process”, said Abdullahi.

Following the findings of the committee, the witness said a report was sent to the National Security Adviser (NSA) on the disbursements.

However, prosecuting lawyer Festus Keyamo did not re-examine the witness but prayed the court for two adjournments to enable him produce his remaining witnesses.

Subsequently, Justice Ofili-Ajumogobia adjourned the case to April 16 and 17 for continuation of trial.

Fani-Kayode is standing trial over a 40-count charge of money laundering preferred against him by the EFCC, to which he has pleaded not guilty.

He was alleged to have transacted with funds exceeding the threshold stipulated by the Money Laundering Act, without going through a Financial Institution.

The EFCC alleged that the former minister accepted cash payments in the tune of about N100 million, while he held sway as Minister of Aviation and Minister of Culture and Tourism respectively.

NGIGE TENDERS DOCUMENTS AT TRIBUNAL

The governorship candidate of the All Progressives Congress (APC) in last year’s election in Anambra State, Senator Chris Ngige, has completed the submission of forms EC8As in the 21 local governments and voter registers at the Election Petitions Tribunal sitting in Awka.

The documents were tendered yesterday by Ngige’s lead counsel Mr. Rotimi Akeredolu and Chief Emeka Ngige.

Other documents tendered were forms EC8B, which were the summary of ward results from the Independent National Electoral Commission (INEC).

Also tendered were forms EC8D, the summary of result in the councils, which INEC failed to release initially, even with a court order of January 4, 2010.

Others were forms EC8E, declaration of results and oaths of neutrality forms across the councils.

Forms EC40A, EC40b, EC40c, EC25A, EC25b and the list of INEC ad hoc workers used in the November 16 election were also tendered.

But counsel to Chief Willie Obiano and INEC, Ken Mozie and Osita Nnadi opposed the submission of certified true copies (CTCs) of newspaper reports of the poll.

They argued it was outside the documents to be tendered, saying those agreed upon were INEC documents.

But Akeredolu read out a paragraph of the pre-trial report by the tribunal, which said CTCs of every document could be tendered.

Tribunal Chairman Justice Ishaq Bello, however, ruled that the documents should be tendered.

WHEN IS A BANK LIABLE IN NEGLIGENCE FOR ATM CARDS AND OTHER CARDS (ELECTRONIC BANKING) ISSUED OUT TO THEIR CUSTOMERS?

Introduction

Presently, there is no legislation on Electronic Banking in Nigeria, The electronic banking guidelines emerged from the findings of a Technical Committee on Electronic Banking set up by the Central Bank of Nigeria in 2003 to find appropriate modalities for the operation of electronic banking in the country. It was indeed the findings and recommendations of the committee that led to the adoption of a set of guidelines on Electronic Banking in August 2003.

Of the key provisions of the Guidelines, only a section deals with issues relating to ATM cards, while another section deals with legal issues that can arise thereof.

Banks might be Liable in Negligence thus:

The Guidelines highlighted the following points as where banks can be liable in negligence to their customer in any electronic banking transactions (ATM cards etc).

Banks will be considered liable for fraud arising from card skimming and counterfeiting except where it is proven that the merchant is negligent. However, the cardholder will be liable for frauds arising from PIN misuse

Banks are obliged not only to establish the identity of their Customers (KYC principle) but also enquire about their integrity and reputation. To this end, accounts should be opened only after proper introduction and physical verification of the identity of the customer

Digital signature should not be relied on solely as evidence in e-banking transactions, as there is presently no legislation on electronic banking in Nigeria

There is an obligation on banks to maintain secrecy and confidentiality of customer’s accounts. In e-banking scenario, there is the risk of banks not meeting the above obligation. Banks may be exposed to enhanced risk of liability to customers on account of breach of secrecy, denial of service etc because of hacking /other technological failures. Banks should, therefore, institute adequate risk control measures to manage such risks.

Banks should protect the privacy of the customer’s data by ensuring:

i.          that customer’s personal data are used for the purpose for which they are     compiled. 

ii.         consent of the customer must be sought before the Data is used

iii.        data user may request, free of cost for blocking or rectification of inaccurate data or enforce remedy against breach of confidentiality

iv.        processing of children’s data must have the consent of the parents and there must be      verification via regular mail.

v.         strict criminal and pecuniary sanctions are imposed in the event of default

While recognizing the rights of consumers under the Nigerian Consumer Protection Council Act, which also apply to consumers in banking services generally, banks engaged in e-banking should endeavor to insure themselves against risks of unauthorized transfers from customers account’s, through hacking, denial of services on account of technological failure etc, to adequately insulate themselves from liability to the customers.

Banks are encouraged to install cameras at ATM locations. However, such cameras should not be able to record the keystrokes of such customers

At the minimum, a telephone line should be dedicated for fault reporting, and such a number shall be made known to users to report any incident at the ATM. Such facility must be manned at all times the ATM is operational

Technical Liability Shift for Chip + Pin in Nigeria

a.       Where a non EMV (Europay, Mastercard, Visa) card is used on a non EMV Terminal and a fraud occurs, liability is on either the Card Issuer or the Card Holder. Proof has to be established on which party compromised card details.

b.        Where a non EMV card is used on an EMV Terminal and fraud occurs, liabilityis on the Card Issuer

c.        Where an EMV card is used on a non EMV Terminal and fraud occurs, liability is on the Acquirer

d.        Where an EMV card is used on an EMV Terminal and fraud occurs, liability is on the Card Holder or the Issuer. However, the onus is on the cardholder to prove that their PIN had not been disclosed to a third party willingly or negligently.

e.         Where a hybrid card is used on a non EMV Terminal and fraud occurs, liability is on the Acquirer

f.       Where a hybrid card is used on an EMV Terminal and card treated as magnetic stripe for authorization and fraud occurs, liability is on the Card Issuer

g.      Where a hybrid card is used on an EMV Terminal and card treated as EMV for  authorization and fraud occurs, liability is on the Card Holder or the Issuer. However, the onus is on the cardholder to prove that his/her PIN had not been disclosed to a third party willingly or negligently.

Conclusion

It is settled that negligence, is a question of fact and not of law. So, each case must be decided in the light of the facts pleaded and proved.

Despite its numerous technical specifications, the Guidelines provisions is not enough to check the growing popularity of Electronic banking (ATM cards etc) against the backdrop of growing sophistication in technology related crimes and frauds. Closer examination of the contents of the Guidelines equally shows that the document fails to meet up with the four key areas where electronic banking may have regulatory impact – changing the traditional lines upon which existing regulatory structures are laid; handling concerns about existing public policy issues; changing the nature and scope of existing risks; and rebalancing regulatory rules and industry discretion.

Yinka Olaiya.