Monday, 25 August 2014

Vulcanizer in court for stealing BRT tyre

Some BRT buses
A 34-year-old man, Kazeem Shina, and one Dare Ajayi, have been arraigned before an Ebute Meta Magistrate’s court for allegedly stealing a tyre belonging to the Lagos State Bus Rapid Transport.
Shina, who worked with the BRT as a vulcanizer, was said to have colluded with Ajayi to sell the tyre, when they were caught.
The tyre was said to be worth N80,000.
It was learnt that Shina had pleaded with a BRT driver who had driven into the Ojota office of the company to refuel his tank, to assist him in conveying the tyre to a place where another vehicle had broken down.
The BRT driver was said to have been accompanied by a boy.
However, when they got to the place, no vehicle was seen by the driver, arousing suspicion.
The driver was said to have left the boy with the tyre and left.
Upon his return to the place he dropped off the boy, he was said to have discovered the tyre was no longer there.
He later traced the boy and found him taking the tyre to an unknown destination.
It was learnt that when the boy saw the driver, he abandoned the tyre and took to his heels.
After investigation, the police arrested Shina and Dare and arraigned them on two counts of stealing.
The charges read, “That you, Kazeem Shina, Dare Ajayi and others at large on August 10, 2014, at about 12pm, at Iponri Lagos in the Lagos Magsiterial District, did conspire among yourselves to commit felony to wit; stealing.
“That you did steal one big tyre with ream valued the sum of N80,000 only, property of BRT company, Lagos.”
The police prosecutor, Corporal Cyriacus Osuji, said the offence was punishable under sections 409 and 285 of the Criminal Law of Lagos State, Nigeria, 2011.
The Magistrate, E.O. Ogunkanmi, admitted the defendants to bail in the sum of N200,000 with two sureties each in like sum.
“The sureties must be gainfully employed and resident in Lagos State. They must also depose to an affidavit of means and show evidence of tax payment. One of the sureties should be a blood relation of the defendants,” he added.
The matter was adjourned till October 13, 2014.

Court dissolves 17-year-old marriage over disagreement on sex

A Mapo Customary Court in Ibadan on Friday dissolved a 17-year-old marriage between Rukayat and Rasaq Muniru, over disagreement on sexual intercourse. 
The judge, Mr. Ademola Odunade, in his judgment, held that the court dissolved the marriage because it considered the wellbeing of everyone important.
“The court had fulfilled the mandatory adjournments, but Muniru still refused to show up which meant admission of guilt. 
He ordered Muniru to pay a monthly feeding allowance of N6,000 as well as take responsibility for the education of the children.  
Rukayat had told the court that Muniru was so shameless that he did not mind having sexual intercourse with her in the presence of their grown up children. 
“Muniru rented a single face-to-face apartment room for me at Olunloyo Area of Ibadan with four grown up children, boys and girls, because he has married another wife. 
“He sees nothing wrong in having sexual intercourse with me in their very presence as matured as they are, 15, 13 years of ages. 
“Whenever the children saw us making love, I used to remind him of the negative implications it might have on them, especially the need for another room for them. 
“Anytime I refused him sex, he beats the hell out of me, injures me and tears my clothes.  On a number of occasions, I reported him to his parents but there was no change. 
“Muniru does not cater for the children and does not even want to know whether they are educated or not,” Rukayat said. 

Towards building Law students’ advocacy skills

Senior Advocate of Nigeria, Prof. Yemi Osinbajo
We have heard of programmes such as the MTN Project Fame which seeks to identify raw musical talents with the view to polishing them to stardom, we also heard of the Bank PHB’s Intern, which was aimed at sharpening business skills in young enterpreneurs, but such was novel in the Nigeria legal profession. Recently however SimmonsCooper, a Lagos-based Law firm came up with what it called SimmonsCooper Advocacy Initiative.
Headed by a former Attorney General of Lagos State and Commissioner for Justice, Prof. Yemi Osinbajo (SAN), SimmonsCooper Partners said they put up the SCAD Initiative in order to prevent strong advocacy skills among Nigerian lawyers from going into extinction.
“There is always palpable excitement when one of the old, reputable wigs makes an appearance in court. The breath of fresh air that characterises a trained advocate in his element is a wonder to behold. But one cannot but wonder where the eloquent, astute lawyers of the next generation are.
“So we began to think of how to preserve posterity and then we came up with SCAD, an initiative designed to identity, develop and hone the advocacy skills of trainee wigs,” CSP said.
The firm explained that the decision to target Law students followed its belief that the culture of good advocacy could only be sustained where the theory taught in the classroom is immediately matched with practice.
“Beyond prestige and esteem, the practice of Law is closely associated with eloquence, advocacy and sound arguments. This necessarily means that an aspiring lawyer must develop a set of skills ranging from ability to identify and build up arguments through thorough research as well as an eloquent presentation of such argument before an audience. These set of skills are prerequisite for any serious lawyer looking forward to achieving professional relevance.
“But sadly, we always wonder whether the Nigerian lawyer, at the point when he is permitted to don the ceremonial wig and gown at the instance of the body of Benchers, is prepared to hold his ground in the field of Law.
“Accordingly, we initiated the mechanism of SCAD, as a platform to stimulate debate on significant national issues and encourage healthy competition among students of Law in all the universities across Nigeria.”
SCP explained that SCAD Compete is an aspect of the initiative which employs social debate to stimulate advocacy skills in student lawyers.
“The young Nigerian lawyer is only fully equipped when he or she can boast of a firm rasp of research writing and advocacy skills.
“SCAD Compete is an aspect of the initiative that encourages social debate, briefs writing and Moot Court competition where participants within and outside Nigeria are invited to submit structured arguments based on a dispute scenario.
“It is an initiative which seeks to arouse the consciousness and contribution of Law students to social, economic and legal issues,” the firm added.
And so they have thrown the SCAD open to students of Law from across the country.
The 2014 edition of SCAD Compete had 10 finalists shortlisted from huge entries received, slugging it out on one platform.
The theme of the discourse for 2014 centred on the prevailing housing challenge in the country, which is said to be fast becoming a cause of serious concern as several Nigerians face the challenge of homelessness.
SCP said such theme was agreed upon following a recent disturbing United Nation’s report, which predicts that by the year 2015, Nigeria’s population of homeless people will have reached 24.4 million people.
Discussing the topic were 10 cerebral and word-savvy finalists, who were taken through a one-day intense training to sharpen their advocacy skills.
They mounted the stage in June at the Oriental Hotel, Lagos.
Their performances were graded by a three-man panel comprising a judge of the Lagos State High Court, Justice Bola Okikiolu-Ighile, Mr. Wale Olawoyin of Olawoyin and Co. and Mr. Babatunde Irukera of SCP

Avoid law, partners tell aspiring lawyers

Few lawyers would recommend law to future generations, according to research conducted for 'The Future of Law Summit.

Only three in 20 lawyers would recommend law to future generations, the 'Future of Law' survey revealed. The research was carried out to coincide with 'The Future of Law Summit' in London on 30 September 2014 where partners and corporate counsel globally will meet to look at industry changes, why law firms fail and how legal practice will look going forward. For further information, contactbenmartin@futurelex.com or www.futureoflawsummit.com

Texas lawyer arrested for soliciting murder of witness

A 57-year old lawyer has been arrested after the District Attorney accused him of seeking to have a man murdered who was to testify against him.

The intended victim was to give evidence in a barratry case against the lawyer, Paul Andrews, over allegations that Mr Andrews had paid a ‘case runner’ to get personal injury cases referred to his firm. Also charged in the barratry case was a second lawyer, Keith Gould, a colleague of Mr Andrews’. If convicted, Mr Andrews could face up to 95 years in jail and a fine of up to US$10,000

Apple fails to get its legal fees paid


Apple may have been awarded $1 billion in its dispute with Samsung but a judge has ruled the company cannot claim for its legal fees.

Apple has failed in its efforts to force Samsung to pay its legal fees for a patent infringement dispute. The company had argued that, since it was awarded $1 billion, Samsung should pay its legal costs. However, Samsung, which was found to have copied aspects of Apple's iPhone design, said the breach of iPhone's design was not exceptional and it should not be expected to pay Apple's costs.

Fake DSS operative returns to Osogbo court Sept 12

(DSS)
The charge of impersonation against a young man, Victor Aladegbolu, will come before an Osogbo Magistrate’s Court for hearing on September 12.
Aladegbolu, 22, was accused of parading himself as an operative of the Department of State Security (DSS) during the last Osun State governorship poll.
The court, last week, ordered that the accused person be remanded in Ilesa prison custody till the adjourned date.
The prosecutor, Mr. Biodun Badiora, told the court that the accused person conspired with others now at large to commit the offence on August 9, 2014 at about 12:00 p.m at City Hall, Ile-Ife.
Badiora said the accused person, with others, was caught wearing a T-shirt with an inscription of Police logo in the front and DSS at the back, claiming to be DSS officers.
He was apprehended by police officers.
He alleged that the accused person disrupted the conduct of the August 9 election in Ile-Ife and its environs.
He said the offence committed by the accused person was contrary to and punishable under Sections 517 and 109 of the Criminal Code Cap 34, Vol.11 Laws of Osun State, 2003.
Badiora, announcing his appearance, said the state’s Attorney General was taking over the matter from the police to ensure diligent prosecution.
Defence counsel Nnenna Ngwu did not object to the application by the state to take over prosecution.
She said the court had been saved the rigour of stretched trial with the suspect pleading guilty to the two-count charges against him.
The Magistrate, Mr. Olusola Aluko, who rejected the bail application for the suspect, urged defence counsel to apply for bail formally.
He also ordered that the accused person be remanded in prison custody and adjourned the matter
Aladegbolu, who was initially held in police custody before the poll, was released and later re-arrested.
Both the state government and the state chapter of the All Progressives Congress (APC) had before and during the election raised the alarm over the presence of hoodlums impersonating men of the Nigerian Army, the Police, DSS and other security agencies.
The Chairman of the Independent National Electoral Commission, Prof. Attahiru Jega, last Wednesday, said  the election was nearly rigged and condemned the presence of hooded security agents.
Also arraigned by the police was a former Chairman of Ilesa West Local Government, Mr. Ibukun Fadipe, who allegedly attacked APC members.
Fadipe was last Thursday arraigned over a case of attack on some people in Ilesa in 2009.
The former chairman, who appeared before Chief Magistrate A.O. Ijiyode, was accused of assaulting Alhaja Mulikat Odeyemi and others as well as damaging the speakers and engine of Isokun Social Elite Club in Ilesa on May 28, 2009.
The accused pleaded not guilty to the charge.
The defence counsel, Oluwaseun Ajoba, urged the court to dismiss the case as all the complainants who were victims of the assault were in court, saying they had withdrawn the case.
The prosecuting counsel, Promise Akanwa, opposed the move as he said the proper procedure was for the counsel to apply for bail.
After much argument, counsel to the accused pleaded for bail, Fadipe could not jump bail as he was an immediate past council chairman.
Ajoba argued that all the complainants, who were direct victims of the alleged assault, could stand as surety for the accused.
The Chief Magistrate thereafter granted the accused bail in the sum of N500, 000 and two sureties, who must be residents in Ilesa.

Thursday, 14 August 2014

Police narrate in Court how teacher raped pupil in toilet

Teacher
A 10-year-old primary four pupil has told the police how her teacher, Adeniran Adebayo, allegedly took advantage of her and defiled her inside the school toilet.
The victim said her health teacher threatened to flog her if she made a noise while he had sex with her in the toilet.
She said one of the female teachers in the school, however, heard her cry and barged into the toilet, forcing Adebayo, a father of two, to stop and hurriedly dress up.
The incident happened at a private school on Olateju Ilesanmi Street, Baruwa, Ipaja area of Lagos.
Narrating the incident to a Lagos State Chief Magistrate’s Court at Ebute Meta on Wednesday, the Investigating Police Officer from the State Criminal Investigation Department, Yaba, said the victim repeated the account three different times.
He said, “I interviewed the victim after the matter was brought to the SCID. She said on the fateful day, she was in school after the closing hours and was waiting for her younger brother, who attended the same school, so they could go back home together.
“While waiting, she decided to get busy with her assignments. She said it was while she was doing the assignment that the teacher came and said she should follow him.
“He then took her to a toilet within the school premises and threatened to cane her if she screamed, unzipped himself, undressed the pupil and made love to her.
“The girl said she was crying while this was on. It was a female teacher, who was passing by that heard her cry. The female teacher came closer to have a better look and immediately the suspect saw her, he quickly zipped up. The pupil said the female teacher told him that being a teacher, he should never have taken advantage of the girl.”
The police officer said after the victim repeatedly affirmed the account, he decided to call the supposed witness.
“When I called her and interviewed her, she said she didn’t see anything. I called the girl again, and she narrated the same story to me,” he added.
The Chief Magistrate, O.O. Olatunji asked the defendant if the story was true.
Adebayo said, “I am the health teacher of the school. I married five years ago, and have two sons. There are six male teachers in the school. On that day, I didn’t call the girl. I only stood at the gate and asked her and her brother to go home. That was all.
“I was surprised that after four days, they came to my office and arrested me. The toilet in question has never even been used by anybody.”
The chief magistrate in his reaction said the account of the suspect was not credible.
“Kids hardly lie, especially when they are between the ages of six to 11. And that’s why I find it hard to believe the account of the defendant. People like you should not be in the society. If like you said there were six male teachers in your school, why did she decide to pick only you? It’s such a big shame,” he said.
Present in the court were the victim and her father. The school management was not represented.
Earlier, the police prosecutor, Etim Nkankuk, had asked the court to remand the suspect in prison pending the release of legal advice from the Directorate of Public Prosecutions.
Nkankuk had said the crime was regrettable because it happened within the school premises “where the character of the victim was supposed to be developed and built.”
He said the victim sustained injuries in the course of the act.
The defence counsel, Olaitan Olabode, had insisted that the alleged offence was bailable.
Olatunji, in his rulling said, “The defendant is granted bail in the sum of N300,000 with two sureties in like sum. The sureties should also deposit the sum of N50,000 into the account of the Chief Registrar.
“One of the sureties must be a blood relation of the defendant. The case file should hastily be duplicated for legal advice from the DPP.
“Meanwhile, the defendant is ordered to be remanded in prison, pending the perfection of his bail terms.”
The matter was adjourned till October 15, 2014.

Alcohol dealer sues police over seizure of goods


The owner of a company dealing in alcoholic drinks, Olaide Iyanuoluwa Nigeria Limited, on Tuesday dragged officers of the Nigerian Police before a Federal High Court in Lagos over alleged unlawful seizure of her  alcoholic drinks worth about  N38m.

The alcohol dealer who said the drinks, Baron Romeo, were imported from the Benin Republic,  told the court that the police seized them on the claim that they were stolen.

While praying for an urgent intervention of the court, the alcoholic dealer said she  had been losing about N350,000 daily since her goods were seized on August 2, 2014.

Among other reliefs, she wanted the court to order the police to release her goods and unseal her warehouse with immediate effect.

She was also asking the court to award N150m as damages against the defendants, in addition to N350,000 daily for the number of days the police had held unto the goods.

Joined as defendants in the suit were one Ekulo International Limited, a rival alcohol dealer, the Inspector General of Police and the Commissioner of Police, Lagos State.

While seeking for the leave of the court to hear the case during vacation, counsel for the dealer, Mr. Abiodun Adesanya, said his client would incure  monumental losses if the case was adjourned till after the court’s long vacation.

He said, “If this case  is adjourned, the plaintiff will keep incuring not only a cost of N350,000 a day, the sealing of the warehouse has  also  prevented the company from carrying out its business as usual.”

From Adesanya’s argument, it was gathered that police officers from the Federal Special Anti-Robbery Squad, Adeniji Adele,  arrested the plaintif’s trucks loaded with bottles of Baron Romero on August 2, 2014.

According to Adesanya, the police officers who came in company of an officer of the first defendant, a rival company, said the plaintif should contact its rival as to why the goods were being seized.

He told the court that apart from towing away the truck numbered AZ8883RB, containing the drinks, the warehouse of the plaintif was also sealed up.

Having been convinced that the matter deserved to be entertained during the court’s vacation, Justice Okon Abang adjourned till August, 13, 2014.

Court stops panel from probing Omisore


Senator Iyiola Omisore
A High Court sitting in Osogbo has ordered the Commission of Enquiry on Disturbance of Public Peace set up by Governor Rauf Aregbesola to put on hold the investigation of Senator Iyiola Omisore.
The Chairman of CEDPP, Justice Moshood Adeigbe, said at the resumed hearing of the panel in Osogbo on Wednesday that the panel had received an interim order from the court stopping it from probing Omisore, pending the ruling on the application filed by him before the court.
Counsel to the petitioner, Mr. Lekan Olayiwola, urged the panel to allow the petitioner to go on with the hearing of the matter despite the interim order of the court.
But the chairman ruled against him, saying the panel would not disobey the order of the court.
He adjourned the sitting till August19, 2014, when he said the court would have determined the application before it.
Aregbesola had set up the panel following an alleged assault on former Governor Isiaka Adeleke by Omisore and the Minister of Police Affairs, Alhaji Jelili Adesiyan.
However, Omisore, who refused to appear before the panel headed to court where he got the interim order.
The panel had summoned Omisore, who is the governorship candidate of the Peoples Democratic Party and the minister, following a petition filed before it by Adeleke.
Adeleke alleged that Omisore, Adesiyan and one Sogo Agboola assaulted him when he went to a hotel in Osogbo, where the PDP delegation who came to the state to conduct the party’s primary election had invited all governorship aspirants to a meeting.
Adeleke, who is now a chieftain of the ruling All Progressives Congress in the state, also alleged that Omisore and Adesiyan threatened to kill him during the meeting.