$1.69m Fraud: Court Denies Ajudua Bail

An Ikeja High Court yesterday refused to grant bail to a one-time Lagos socialite, Fred Ajudua.

Ajudua is standing trial for allegedly defrauding two Dutch businessmen the sum of $1.69 million.

Justice Kudirat Jose denied him bail on the ground that it was lacking in merit based on his antecedents to have jumped bail in 2006 and tampering with evidence.

Ajudua and one Charles Orie are being prosecuted by the Economic and Financial Crimes Commission (EFCC) for allegedly defrauding the businessmen – Messrs Remy Cina and Pierre Vijgen.

The defendants were re-arraigned before Justice Jose on February 5 following the transfer of the case from the former trial judge, Justice Joseph Oyewole.
The judge said from the medical reports attached to the application, which were issued by the Lagos University Teaching Hospital (LUTH), it was evident that Ajudua was not a very healthy man.

Justice Jose said Ajudua was admitted at LUTH on August 3, 2013 and was treated for hypertension, traumatic haematuria and enlarged prostrate gland which arose from having only one kidney.

She said doctors had also recommended further treatment and possible corrective surgery to address his failing health, adding that the reports however did not show that Ajudua cannot be treated while still in prison.

The judge said Ajudua in his application had not been able to convince the court that he would not abscond or interfere with witnesses if he was granted bail.
"The applicant (Ajudua) has not shown to the court why he was not able to come to his trial between 2006 and 2013.

"He did not respond to the allegation that he had tampered with a witness in the trial.
"Due to his absence, the matter has been stalled since 2006," justice Jose said.
The matter was adjourned till April 28 for commencement of trial.

Judge Attempts to Mend Feud Among FRA Williams’ Children

Justice Samuel Oseji of the Court of Appeal in Lagos Monday tried to seek a compromise amongst the four feuding children of the legal luminary and Nigeria’s first Senior Advocate, the late Chief Frederick Rotimi Alade Williams.

Justice Oseji, while delivering judgment in a suit filed by the two elder sons of the late legal icon, Ladi and Kayode, urged the four children to reflect on their childhood years when they ate together from the same plate and table. He further advised them to shun mundane riches that will perish and focus on their brotherhood.

He urged them to consider their childhood relationship and reflect on what their parents would have felt seeing them bickering over their legacy.

The judge, who read the lead judgment, stayed proceedings in the suit instituted by Ladi and Kayode against their younger brothers, Folarin and Tokunbo, over the estate left behind by their father.
He faulted the decision of the lower court that the arbitral clause did not extend to all disputes arising from the estate of the late FRA Williams and held that the family agreement specifically stated that it covered all the estates of the legal luminary.

The court held that the suit instituted by the claimants was based on FRA Williams’ will dated June 22, 1954, which dealt with the distribution of his estate, being the subject matter of the family agreement.

The court held that the Arbitration and Conciliation Act, Laws of the Federation of Nigeria, makes arbitration agreements irrevocable and binding on the parties to the agreement.

Consequently, the appellate court allowed the appeal filed by Folarin and Tokunbo and set aside the ruling of Justice Olubunmi Oyewole, which refused to stay proceedings in the suit.

The appellate court, in a unanimous decision, ordered the children of the legal icon to embrace arbitration as contained in the family agreement entered into by the children on November 25, 2005.

Justice Oyewole had held in his ruling that contrary to the contention of the defendants, the arbitral clause did not extend to all disputes arising from the estate of the late FRA Williams but was only limited to disputes arising from the said family agreement.

Dissatisfied, Folarin and Tokunbo had appealed against the ruling and prayed the court to uphold the family agreement voluntarily entered into by the parties.

Ladi and his immediate younger brother, Kayode (claimants), had in the suit prayed the court to give effect to the will dated June 22, 1954 left behind by their late father.
The claimants submitted that the said family agreement was executed at the material time based on facts then believed by the claimants to be true, contending that the said agreement violates Section 18 of the Administration of Estates Law as well as Order 55 Rules 3 and 4 of the High Court of Lagos State (civil procedure) Rules.

They submitted that the said family agreement was procured by fraudulent misrepresentation and non-disclosure of material facts and was consequently rescinded by the claimants, thereby rending it null and void.

However, the defendants (Folarin and Tokunbo), by a motion on notice dated May 24, 2011, had asked the court to stay further proceedings in the suit in favour of arbitration under the Arbitration and Conciliation Act, 2004.

The defendants had through their counsel, Mr. Maduagwuna, argued that the subject matter of the suit was about the distribution of the estate of the late father of the parties, adding that all the parties had entered into an agreement.

They maintained that the said agreement contained an arbitration clause and that the court should in accordance with the said arbitration clause order stay of proceedings and referred the parties to arbitration.

The claimants urged the court to dismiss the application and assume jurisdiction.

Upon the death of FRA Williams in March 2005, his four surviving sons had purportedly entered into an agreement on the distribution of their father’s estate based on the belief that their father died intestate (not having made a legally valid will).
However, while an action for obtaining Letters of Administration in respect of their father’s estate was pending, the probate registry of the High Court of Lagos discovered that the late FRA Williams died testate, as his will deposited at the registry was uncovered. But Folarin and Tokunbo refused to accept the will.

Surprisingly, shortly after the judgment and admonition by Justice Oseji, Ladi (the eldest son) had urged the court to make copies of the judgment available, adding that he would challenge it at the Supreme Court.

Court Asks Defected PDP Lawmakers to Vacate House

A Federal High Court in Abuja has ordered the House of Representatives members who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) to vacate their seats.

It ruled that they have no business remaining in the House since they had left the party that brought them in and should have resigned honourably.
It also stopped any move to change the principal officers of the House following the claim that with the defection, the APC had emerged the majority party in the lower chamber of the National Assembly.

Justice Adeniyi Ademola held that the 12th to 53rd defendants (those who defected) could not vote to remove the leadership of the House and could not sponsor a motion to that effect.

However, the defected lawmakers and APC have vowed to challenge the judgment in the Court of Appeal just as some lawmakers criticised the verdict.

PDP had sued the House, and listed as second to 10th defendants all the principal officers of the House comprising the Speaker, Hon. Aminu Tambuwal; Deputy Speaker, Hon. Emeka Ihedioha; Majority Leader, Hon. Mulikat Akande-Adeola; Deputy Majority Leader, Hon. Leo Ogor; Chief Whip, Hon. Isiaka Bawa; Deputy Chief Whip, Hon. Ahmed Mutkar; Minority Leader, Hon. Femi Gbajabiamila; Minority Whip, Hon. Samson Osagie; and Deputy Minority Leader, Hon. Sumaila Kawu.

All the lawmakers who defected from the PDP to the APC were also cited in the matter as the 12th to 53rd defendants.
Tambuwal had joined forces with the APC lawmakers in asking that the suit be dismissed for want of merit.

Delivering judgment in the suit, Justice Ademola held that the originating summons was justiceable and hence, the court had jurisdiction to entertain the suit.

He held that where the fundamental rights of any person were likely to be breached, the court has the power to intervene.

On the issue of abuse of court process, which was raised by the defendants, the court held that the plaintiff (PDP), in the instant case, was a defendant in other cases and hence the issue of abuse of court process did not arise.

He held that the abuse of court process was misconceived and hence dismissed it.

On the locus standi, the court held that the plaintiff had the locus to file the suit.
The court having determined all the objections raised by the defendants, entered jurisdiction to entertain the suit.

The court further held that in view of Section 68(1)(g) of the 1999 Constitution, the 12th to 53rd defendants could not effect changes in the leadership of the House.

Section 68(1)(g) states: “A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.”

The judge also held that the defected lawmakers could not vote to remove the leadership of the House and also could not sponsor a motion to that effect.

The court also granted an order of perpetual injunction restraining the defectors from changing the House leadership.

Justice Ademola further granted an order restraining the defendants from altering, tampering or moving towards changing the House leadership.
During the hearing of the case, PDP had asked the court to among others, restrain Tambuwal, other principal officers of the House and its defecting members from taking any step “to alter or change the leadership of the House”.

An officer of the PDP, Nanchang Ndam, had stated in a supporting affidavit that while the defection of some of the defendants was still the subject of litigation before Justice Mohammed, the defendants, particularly Gbajabiamila, had threatened to change the House leadership.

The plaintiff in the suit, marked FHC/ABJ/CS/2/2014, had raised two questions for the court’s determination and sought four reliefs.

The PDP had asked the court to determine whether, in view of the mandatory provision of Section 68(1)(g) of the constitution, and in view of the pendency of an earlier suit by the defecting lawmakers, they (the defecting legislators) could participate in any proceedings to remove the House's principal officers.

The party equally asked the court to determine whether, in view of the provision of Section 68(1)(g) of the constitution and the pending suit by the defecting legislators, they (the defecting lawmakers) could lawfully alter the composition or constitution of the House leadership.

The defendants, in their 18-paragraph counter-affidavit deposed to by one Mr. Mike Msenge, told the court that from the prolonged practice of the House (1st defendant), the political party with the majority of members in the House formed its core leadership.

They argued that PDP was not a human being but one of the registered political parties in Nigeria and that the leadership seats in question were being occupied by the 2nd to 8th defendants, who were human beings.

More so, they contended that prior to the defection of the lawmakers to APC, the plaintiff, PDP, hitherto had the majority membership in the House, hence the 2nd to 8th defendants, being members of the plaintiff, were elected into those leadership positions they currently occupy in the House.

They added that with the defection of the 12th to 53rd defendants from the plaintiff to the APC on December 18, 2013, the plaintiff had lost its majority status, which switched to the APC.

Arguing through their team of counsel led by Mr. Sebastian Hon (SAN) and Magaji Mahmud (SAN), the lawmakers stressed that PDP lacked the locus standi to query administrative issues within the House, adding that the plaintiff by its action had shown that it was nothing but a busybody and meddlesome interloper.

They asked the court to discountenance PDP’s argument that the speaker and other principal officers of the House were merely holding a mandate that was entrusted upon them by the party, even as they urged the court to differentiate the case of Rivers State Governor, Chibuike Amaechi, from that of the leaders of the House.

Reacting to the judgment, some of the lawmakers described Justice Ademola's pronouncement as strange and a travesty of the law.
Gbajabiamila, in a statement, said the court erred and the defected legislators would challenge the judgment at the Court of Appeal.

He added that it was an affront to the right of association by the lawmakers.
In the statement issued by his research aide, Wasiu Olanrewaju, the House minority leader said: “The judgement is strange and will be appealed. No person can be compelled by law to stay in an association against his or her wishes.

“It negates a fundamental right of association of every citizen that is inalienable. Section 68 of the constitution has been turned on its head and the error of the court is manifest.  Section 68 was never argued in court by any of the parties. The judge gave an opinion he was never asked to give and an argument that was never canvassed before him.”

One of the defectors, Hon. Ali Ahmed (APC, Kwara), also expressed shock at the judgment, wondering whether it was not a deliberate plan by the PDP to turn reason on its head.

He said: “I hope this is not a grand design by the PDP to collude with the court? If this is so, then my advice to the judiciary is that they should not allow themselves to be used by the executive arm of government.”

He described the judgement as “absurd, terrible and doesn't make sense”.
He wondered whether by the judgment, it meant that even where the defectors had attained a simple majority as stipulated by the constitution, or even surpassed such number, they cannot change the House leadership.

African Court: Gov Must Protect Journalists

The African Court on Human and Peoples' Rights, sitting in Arusha, Tanzania has upheld the right of journalists to practise their vocation free from intimidation or the fear of death.

The court held that the failure of a government to diligently seek and bring to account the persons responsible for the assassination of a journalist intimidated the media, had a chilling effect on free expression, violated the human rights of journalists, endangered truth, and should not be allowed.

The journalist in question was Norbert Zongo, publisher and former editor of I’Indépendant  in Burkina Faso, who was killed over 16 years ago.

Explaining the reasons for its decision, the court pointed out that the legal proceedings before the courts in Burkina Faso were unduly prolonged; that Burkina Faso didn't diligently investigate the crimes; that the families of the victims had not been contacted over eight years after the beginning of the case they initiated; that no proper investigation was ever conducted into the case; and that  the government showed no will to hold the killers to account.

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.