T.B Joshua: Challenging Coroner’s inquest competence

Barring any last minute change, Justice Lateefa Okunnu of the High Court of Lagos State, would on December 3, 2014 commence hearing into the suit filed by the Registered Trustees of the Synagogue Church of All Nations (SCOAN), alongside its founder, Prophet Temitope Joshua.

This is because a prohibition suit was last week filed by counsel to both SCOAN and Joshua before Justice Okunnu apparently to challenge the competence of the Coroner Court, presided over by Chief Magistrate Oyetade Komolafe to investigate into the cause of the collapsed guest house belonging to the church, which resulted into the death of 116 people mostly South Africans.

The counsel, Olalekan Ojo joined as respondents in the suit, the Coroner’s Court of Lagos State and Magistrate Oyetade Komolafe.

Specifically, the suit brought pursuant to Order 40 Rule 5 of the High Court of Lagos State (Civil Procedure Rules) 2012 and signed by one O.M Abimbola is praying Justice Okunnu for an order of prohibition, against the Coroner’s Court of Lagos State and the presiding Magistrate Komolafe from exceeding their jurisdiction in the conduct of coroner’s inquest into the death of unknown persons in the collapsed building within the premises of SCOAN on September 12, 2014.

According to the suit designated ID/188MJR/2014, SCOAN also want the Lagos High Court to issue, “An order of Certiorari to quash the proceedings of the 1st and 2nd respondents in the conduct of the coroner’s inquest into the death of unknown persons in the Synagogue Church of All Nations, Ikotun Egbe, Lagos on 12th September, 2014 in suit number CR/AL/01/2014 concerning matters, issues and circumstances other than what directly caused the death of the victims and the manner of their death for having been conducted without or in excess of the statutory jurisdiction of the 1st and 2nd respondents.

“A declaration that the decision of the coroner to summon the applicants to give evidence at a time when no materials were placed before the coroner against the applicants is a breach of the applicants’ right to fair hearing.

“A declaration that the coroner who relied on his personal knowledge of the facts of the case is not a proper person to preside at the inquest into the death of people at the collapsed building of Synagogue Church of All Nations.

“A declaration that the coroner who relied on extraneous matters not borne out of the records to reach his conclusion that the 2nd applicant is a necessary witness when in fact is not, is in breach of the rules of natural justice and fair hearing guaranteed by the 1999 constitution of the Federal Republic of Nigeria.

“An order prohibiting the coroner from conducting further inquest/proceedings relating to the construction of the collapsed building which facts are clearly outside the scope of a coroner’s inquest.

“An order quashing the proceedings of the coroner’s inquest in its entirety for being conducted in breach of the rule of natural justice, likelihood of blade, and for taking proceedings clearly outside the scope of the jurisdiction of the respondent.

“An order prohibiting the respondent from insisting on the personal attendance of the 2nd applicant as such will be without or in excess of jurisdiction, unconstitutional and unlawful.

“An order of injunction to restrain the respondents as presently constituted from further conducting any inquest into the collapsed building of Synagogue Church of All Nations, as the 2nd respondent has demonstrated personal interest in the subject matter and his neutrality clearly compromised.

“An order of injunction restraining coroner from taking and continuing to take evidence/proceedings on the issue of approval and construction of the collapsed building, which issues are clearly outside the scope of a coroner’s inquest.”

Ojo had apparently while putting up a defence as to the reason why the SOAN founder had not been able to appear before the coroner said no witness summons have been effected on Joshua.

The lawyer informed the court, presided over by Chief Magistrate Oyetade Komolafe that, “I say this because I don’t want anybody to believe that witness summons has been served on T.B Joshua.

According to Ojo, “The court sheriff was not able to personally serve the summons on the prophet on the reason that he was unavoidably absent. He is the chief mourner and has been visiting relatives of victims.

“The sheriff only managed to serve the witness summons on one of the evangelists around at the time he arrived the church. As a matter of fact, i was informed about the sheriff’s visit to the church and I instructed that whoever is receiving the said summons should acknowledge receipt of the summons.

“What I have done is out of abundance of caution and as an officer of the court. I submit that service on counsel in a criminal matter is not provided for in the Administration of Criminal Justice Law. I am not backed by law to accept witness summons meant for another person.”

In responding, Magistrate Komolafe said, “You have spoken from the Bar and I so believe you. But I enjoin you to help the court in this situation.

“Let us see what the sheriff will come back to tell the court. The essence of service is to bring to the attention of whomever that his attention is needed in court.

“The court will do what is needful. The court is not here to inflict further injuries on anybody. A word is enough for the wise. The prophet should not put himself in conflict with the law.

“Tell the prophet that he should be obedient to the laws of the land. We are not prosecuting nor persecuting anyone.”

It would be recalled that prior to this development, Justice Ibrahim Buba of a Federal High Court sitting in Ikoyi, Lagos had thrown out a suit praying the court to put a halt to the ongoing inquest into the collapsed guest house, belonging to SCOAN, Ikotun, Lagos.

Justice Buba while delivering judgment in the suit instituted by a lawyer, Olukoya Ogungbeje on October 28, 2014 seeking an order restraining further hearing into the inquest, declared that the lawyer completely misconceived the role of government’s agencies, stating that the fact that the founder of the church, Prophet Joshua was indicted, does not suggest that the coroner had already made up his mind.

The judge further held that if for instance, a prosecution strongly believes that a person is guilty and brings a charge against him, it does not mean the judge must make a conviction or that the accused would not get a fair hearing.

The court also held that aside the fact that the coroner’s court was not a court of law but a fact-finding entity, Prophet Joshua and his church were not complaining.

Justice Buba said, “Supposing they are satisfied with what was said or alleged, then what is the right of this applicant that is being infringed upon that the court can proceed to protect.”

The court further noted that Ogungbeje did not show any threat or injury he would suffer with the inquest, nor did he disclose a legal or justiceable right to protect.

According to the judge, “A trial court will only have jurisdiction to enforce the fundamental rights of an applicant guaranteed under Chapter 4 of the Constitution, if the main reliefs involves a breach of the fundamental rights of the applicant.

“The coroner was set up by the state’s executive, and that by the principles of separation of powers, the court would not ordinarily interfere with the workings of another arm of government.

“After a calm consideration of all the issues and arguments, the applicant has failed to make a case for the enforcement of fundamental rights.

“The case lacks merit, same be and is hereby dismissed.”

Prior to this decision, Justice Buba had declared that he would not issue restraining orders against the ongoing inquest into the collapsed building belonging to SCOAN until he hears the case on its merit.

He made the declaration while ruling on an oral application initiated by an Ogungbeje, seeking to stop further proceedings before the Lagos State Coroner Court sitting in Ikeja.

Justice Buba further maintained that an order of interim injunction was not necessary in the circumstance on the reason that the applicant was not personally affected by the inquest.

According to the judge, “Although, Ogungbeje wants an order of interim injunction restraining T.B Joshua from appearing before the coroner, I must say that he is not a party to the suit, neither is he held in detention.

“The respondents were served with the court processes on Friday, and by the rules, they have five days to respond, but time was abridged and they accepted, and so, let us not loose sight of the issue here.

“If Ogungbeje was the party summoned before the coroner, then the issue of a restraining order will arise, but in this situation, how can I restrain the whole world.

“The applicant has not shown that he will suffer any danger if the restraining order is not granted, and so, I will hear this case on its merit on Thursday, November 6, and I will not grant any restraining orders; this is the ruling of this court.”

Besides, the judge who had also earlier declared that he would not issue restraining orders against the ongoing inquest into the collapsed building belonging to SCOAN until he hears the case on its merit, maintained that an order of interim injunction was not necessary in the circumstance on the reason that the applicant was not personally affected by the inquest.

According to the judge, “Although, the applicant wants an order of interim injunction restraining T.B Joshua from appearing before the coroner, I must say that he is not a party to the suit, neither is he held in detention.

“The respondents were served with the court processes on Friday, and by the rules, they have five days to respond, but time was abridged and they accepted, and so, let us not loose sight of the issue here.

“If Ogungbeje was the party summoned before the coroner, then the issue of a restraining order will arise, but in this situation, how can I restrain the whole world.

“The applicant has not shown that he will suffer any danger if the restraining order is not granted, and so, I will hear this case on its merit on Thursday, November 6, and I will not grant any restraining orders; this is the ruling of this court.”

Specifically, Ogungbeje had argued that the composition of the Coroner inquest was a negation of the principle of natural justice and Section 36 of the Constitution, and as such it was unconstitutional, null and void.

The civil rights activist also recalled in the suit that the Coroner inquest was constituted by the Lagos State Government after the agencies of the state government had indicted founder of the church,T.B Joshua and his Church of wrongdoing by adding additional structures on the building without approval.

The lawyer maintained that if the inquest is allowed to continue, it would seriously occasion miscarriage of justice, as the same Coroner would hing its decision on the testimonies of the same agencies of Lagos State, which had openly indicted Joshua and his Church.

The civil rights lawyer for instance recalled that the Lagos State Emergency Agency (LASEMA), the Lagos State Building Control Agency, the Lagos State Fire Service, the Lagos State Traffic Management Agency (LASTMA) and others made public and prejudicial report in public domain that the building collapsed as a result of additional structures, while Joshua’s claim that the building collapsed as a result of an aircraft hovering round the building moments before it collapsed, was ignored.

According to Ogungbeje, “The Lagos State Building Control Agency even went ahead to seal up the main building of the church. The General Manager of the agency even said in the papers and I quote him as follows ‘we have investigated and found that they had no approval for the additional structures. Even the main church which they have added about three floors on was sealed two days ago.”

The legal luminary then prayed the court to issue an order nullifying the composition of the Coroner and the proceedings so far, as well as a perpetual injunction restraining the defendants jointly and severally from further proceeding, sitting, investigating, embarking on fact finding or taking any untoward action in any manner whatsoever on any facts connected to the case.

It would be recalled that the, Lagos State Government had on September 26, 2014 constituted a the Coroner court, presided over by Chief Magistrate Oyetade Komolafe apparently to unravel the circumstances leading to the incidence.

Ogungbeje who is a lawyer on October 28, 2014 instituted the suit, praying for an injunction against the coroner pending the determination of a substantive suit.

The lawyer has as defendant, the Lagos State Government, Attorney General of the State, Ade Ipaye, and Magistrate Oyetade Komolafe.

However, as inquest into the incident continues, facts have continued to emerge as to the possible cause of the incident.

For instance, Divisional Police Officer (DPO) of Ikotun Police Command and Chief Superintendent of Police (CSP), Haruna Alaba informed the Lagos State Coroner Court, that there were possibilities of sabotage leading to collapse of the guest house belonging to the church.

The DPO who was testifying before the inquest maintained that police officers attached to the church had done a good job before his arrival.

He stated further that, “It was a panicky situation as at the time of my arrival to the scene. Members of the church were of great assistance to the rescue workers I saw on ground carrying out rescue operations.

“Infact, the church brought so many ambulances to help rescue workers carrying out their operation. We had a hitch free rescue operation with all the rescue workers.

“When the LASEMA boss came to me to complain that he had a hectic time getting to the site, I apologised and also called his attention to the crowd around the collapsed scene.”

The DPO further argued that, “For each of the ambulances used for the operation, policemen were attached to ensure a hitch free movement to the hospital. The barricade seen at the entrance leading to the collapsed site was initiated on my instruction to ensure that we are able to control the crowd.

“We also put the barricade in order to allow the rescue workers do their jobs. I can also confirm to this court that there was no meeting with any of the rescue workers, including the LASEMA boss before proper rescue operation began.

“There is the need to carryout investigation into possible sabotage as being the cause of the collapse. There are lots of security lapses which could have led to sabotage on the collapsed building.

“The aircrafts seen on the day of the incident flew at a very low altitude across the guest house, and that drew our attention. It was the church members that crawled under the collapsed building to pull out victims on the first day.

“The church members have no business in granting or denying access to anyone who wants access to the collapsed site and the church security men acted on the instruction of the police under my command.”

CSP Alaba further assured the court that investigation into the incident was still ongoing, even as he added that, “The police is looking into possible sabotage on the collapsed building. We are also investigating into possibility of the hovering aircrafts as being responsible for the collapse.”

CISLAC condemns Bloodshed against Innocent Citizens

Following the most recent bombardments leading to the death of innocent Nigerians in Kano, Adamawa and Borno States, Civil Society Legislative Advocacy Centre (CISLAC) seriously condemns the lackadaisical, selfish and nonchalant attitudes of Nigerian ruling class towards resolving the ongoing heightening insecurity in the country arising from attacks, kidnapping and bombardments.

It worrisome that despite the intensity of attacks in various parts of the country, the ruling class has refused to engage in constructive dialogue to bring end to insurgency; as their family members and relatives are excluded from the attacks. Instead of making sincere effort towards constructive dialogue, they are caught in various conspiracies to make live unbearable for innocent citizens. This among other things validates the reports that the attacks are reinforced by political battle triggered by continuous bloody struggles towards sustaining their miserable positions in 2015 and beyond.  

In addition to the aforementioned, Former Governor of Borno State, Ali Modu Sheriff, and Former Chief of Army Staff Lt. General Azubuike Ihejirika who were indicted in Steven Davis’s report for sponsoring the insurgents are brazenly found in political reckoning and supported to deliberate on national issues. It is shameful that despite such serious indictment, the Former Governor is leading the front to campaign for the ruling People Democratic Party (PDP). This shows lack of sincerity by the government in fighting the insurgents.

CISLAC finds continuous massacre—under the pretense of religion, of innocent men, women and children from both Muslim and Christians’ communities totally obnoxious and undesirable; as both religious strongly forbade unjustified attacks against innocent individuals and preach peace and unity.

While in the last four years, huge financial resources are committed to security and defence annually from national budget, yet the fight against the insurgents rages on with deadly consequences. It is regrettable that the insecurity has been reportedly remained persistent and intensified by bloody interests accrued to some unpatriotic parties, who benefit largely from security vote; as well as rampant corrupt practice and mismanagement flooding the security sector.

It is embarrassing that in several occasions, the State Security Service has told Nigeria deceptive stories of thousands insurgent members it has arrested without useful information so far to curtail subsequent attacks; as well as lack of sincere effort to thoroughly investigate Sheriff and  Ihejirika for their contributions towards the insecurity.  Similarly, Nigerian security forces have made series of scandalous claims to have killed leader of the insurgents with his subsequent resurface in new videos.

Giving the daily massacres and destruction of property across the country by the insurgents, various reports are of opinion that upgrading arms and ammunition for the nation's Armed Forces to tackle the insurgents would be of no benefit without constructive strategy to end the unwary attacks.  

As concerned communities declared readiness by exploring the idea of Civil Joint Task Force to strategically brainstorm on the effective medium and collaborate with Nigerian security forces towards combating the insurgents, government has denied them adequate support to bring insurgency to an end. Consequently, the communities remain the worst hit by attacks by insurgents.

Apart from being the victims of regular attacks, security personnel are not adequately equipped, fortified and compensated to curtail the attacks; and the degree of attacks by the insurgents have clearly indicated they are well positioned to be at advantage of the ongoing calamity.

While the Armed Forces groan in midst of poor working conditions and inadequate equipment, the Government has showed no appreciative effort to call to account the natural and artificial persons who have mismanaged various security contracts resulting in failure in national security

Meanwhile, the recurring nature of numerous attacks have rendered thousands homeless without means of livelihood to suffer a lot of depravity and other forms of hardship including loss of income from inability to work in places where they are relocated as Internally Displaced Persons (IDPs) across the country. The vulnerable groups such as children, pregnant women and the aged are persistently kept under trees and in uncompleted houses and left uncared for. Also, victims and communities of previous attacks have not been adequately compensated, rehabilitated nor reintegrated into their communities

RECOMMENDATIONS:

CISLAC therefore calls on National Assemble for prompt declaration of State of Emergency in Nigerian security sector; for the unresolved massacre of innocent citizens and mismanagement of national security vote. CISLAC calls on immediate support and intervention by international community into the ongoing mischievous and bloodshed of innocent citizens.

CISLAC demands immediate and patriotic efforts to recover and return the mismanaged and looted various security funds back to the treasury; thorough and exhaustive audit of defence spending since the return to civil rule in 1999 by National Assembly and other relevant stakeholders; constructive and sincere efforts by all levels of government and relevant stakeholders to strategically dialogue with the insurgent and bring the merciless attacks to an end; rapid provision of sufficient means of livelihood in terms of food supplies and medicine to mitigate the plights of internally displaced persons, especially women, children and the elderly.

Signed

Auwal Ibrahim Musa (Rafsanjani)
Executive Director, CISLAC

Fake wine producer jailed 11 years

(NIGERIA) A Federal High Court sitting in Port Harcourt has sentenced a fake wine producer, Sunday Okeke to 11 years imprisonment over his involvement in the production of adulterated and fake National Agency for Food Drugs Administration and Control (NAFDAC) regulated alcoholic beverages.
The offence is said to be in contravention of section 1 of Drugs and Regulated Products (Registration etc) Act of 1993 as amended and punishable under section 6 (1) of the same Act.
The court, presided over by Justice R. M. Aikawa found the convict guilty of all four count charges proffered against him by NAFDAC through its lawyer, Mohammed Bello who is head, legal division of the agency.
Justice Aikawa maintained that NAFDAC has proved its case beyond reasonable doubt that the accused actually committed the offence as averred by the prosecution.
The agency it would be recalled had informed the judge that Okeke on or about December 31, 2003 produced/manufactured, labeled and packaged unwholesome drinks: Bacchus Tonic Wine, King Edward Centurion and Glen Garry Gold Blended Scotch without batch numbers.
The offence the lawyer insisted contravenes section 1 (a) of Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act of 1999 and punishable under section 3 of the same Act.
Justice Aikawa declared that the sentence is to run concurrently on all the four count charges.
The judge however gave an option of fine to the tune of six hundred thousand naira (N600,000.00), 5 years each on count 2 & 3 or an option of fine to the tune of N250,000 each and six months each on count 1 and 4 or an option of fine to the tune of N50,000 each.
Okeke was arrested and brought to NAFDAC office in December 2003 by men of the Nigerian Air Force for producing fake and adulterated alcoholic beverages (Bacchus Tonic Wine, King Edward Centurion and Glen Garry Gold Blended Scotch) at Air Force Base Mamy market, Port Harcourt.

Court remands suspect over fake products importation

(NIGERIA) A Federal High Court sitting in Ikoyi, Lagos presided over by Justice Chukwujekwu Aneke has ordered the remand of a 38-years-old trader, Emeka Obi at the Ikoyi prisons over alleged importation of fake products.
The defendant who is a trader at the Trade Fair Complex, Ojo, Lagos, is standing trial on a two-count charge bordering on the alleged offence.
The trader is being prosecuted by the National Agency for Food, Drugs, Administration and Control (NAFDAC). He however pleaded not guilty to the charge.
The order of remand according to the judge became imperative pending hearing of the traders bail application before the court.
It would be recalled that the prosecutor, Umar Shamaki, had informed the judge that the defendant allegedly committed the offence on August 1, 2014.
The prosecutor further initimated the court that Obi, who owns shop D55, Oyo Plaza, in the Trade Fair Complex, had imported a 40 ft container of substandard Betasol Lotion and Funbeaut, a triple action complexion soap.
He equally informed the judge that the defendant allegedly concealed the products with his personal effects in the groupage container, which was brought in through the SDV/SCOA terminal, KLT Lagos.
The offence, the prosecution insisted offends the provisions of section 1 of the Food, Drugs and Related Products Act, Cap F33, Laws of the Federation, 2004.
The offence also contravenes the provisions of section 1(a) of the Counterfeit and Fake Drugs, and Unwholesome Processed Food, (Miscellanous provisions) Act, 2004.
The matter has been adjourned till December 5, 2014 for trial.

Magistrate gives custody of teenage girl to father

Magistratre O. I. Adelaja of a family court sitting in Apapa, has directed that a seven year old girl (name withheld), be in the custody of her father, Inyiri Kalu Nwojo.
Magistrate Adelaja issued the order on October 30, 2014 in the absence of the mother (Sharon Ula Opie), whom the court had earlier ordered to be detained at a police station, for flouting the court's order that the child be produced in court.
Before the order was given, both Iyiri and Sharon, whose marriage had broken down two years after they came together as couple, have been at loggerhead over who should take custody of the only product of their union.‬
Specifically, Sharon informed the family court that she refused to present the girl as directed by the magistrate on the reason that she had shown evidence that the girl was in a school at Alagbole, Ogun state and that she is capable of taking care of the six year old girl.‬
According to an affidavit of urgency initiated by Sharon's lawyer, Taiwo Taiwo maintained that her absence in court was not intentional since she was not aware that the court had relocated from Apapa Wharf to its current location on Mobil road, Boundary, Apapa.
She further explained that her absence in court was consequent upon ill health and that she was shock to hear from her counsel that the child that was released to her on August 6, be brought to court on September 4, 2014.
This according to Sharon is against the earlier order of the court made on June 5, 2014 and that she became aware of the court order on August 27,2014.
But the application was not heard before the court released the child to the father. Sharon's lawyer has however vowed to challenge the order made by Magistrate Adelaja at the High Court of Lagos State.
In his claim in an affidavit deposed to by one Miss Ugochinyere Nwaozor before the court, Inyiri averred that he married the mother of the girl in 2007 but they divorced in 2009.‬
He equally told the court that since their separation, the child have been living with her mother-in-law in Abirabi, Arochukwu LGA, Abia of Abia State and that he has been taken care of the girl.
In the meantime, Sharon has filed a divorce petition against her husband Stanley Inyiri Kalu Nwonjo at a Lagos High Court sitting at Ikeja for the dissolution of their marriage on the ground that the marriage has broken down irretrievably.

Alleged religious discrimination: Agbakoba sues AGF, National Assembly

Lagos based front line human rights lawyer and Senior Advocate of Nigeria (SAN), Olisa Agbakoba has instituted a suit before a Federal High Court sitting in Ikoyi, Lagos to challenge what he termed the discriminatory position of the Marriage Act and Matrimonial Causes Act to his Christian beliefs in marriage.
Agbakoba who also held sway as President of the Nigerian Bar Association (NBA), in his suit designated FHC/L/CS/1550/2014 is also challenging what he termed the unconstitutional restriction and interference with his rights to religious freedom and freedom from religious discrimination by the state through the Marriage Act and Matrimonial Causes Act contrary to Section 38 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The SAN who joined the Attorney-General of the Federation (AGF) and National Assembly as 1st & 2nd respondents in a fundamental rights suit, maintained that he is a christian and is entitled under the Constitution to conduct his marriage in accordance with Cannon law.
He further contended that the state, through the Marriage Act and Matrimonial Causes Act has compelled him to conduct a secular marriage contrary to his faith/belief.
Agbakoba argued that, he wants to, like adherents of other faiths such as African Traditional Religion and Islam, resolve his marriage disputes in courts manned by persons knowledgeable in Cannon law, but he is compelled by the state through the Marriage Act and the Matrimonial Causes Act to use secular courts manned by persons with little or no knowledge of Cannon law.
The former NBA boss in his Originating Motion brought pursuant to Sections 1 and 46 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and order II of the fundamental rights (enforcement procedure) rules 2009, and signed by Counsel to the former NBA boss, Babatunde Ogungbamila argued that, "As a Christian, I am compelled to use High courts for the resolution of religious disputes but Nigerians of other religious faiths/beliefs, principally African Traditional Religion (ATR) and Islam, have Islamic and Customary Courts to adjudicate their religious matters.
"My religion forbids me to approach secular courts for resolution of religious disputes. But I am constrained to use the secular High Courts which are manned by persons of little or no knowledge of Christian religion or Jurisprudence, for adjudication of my religious matters.
"I feel unhappy and discriminated against because the State did not create the avenue for me to practice and observe the tenets of my religion.
"The narrative in this Affidavit causes me great emotional, mental’ moral, psychological, religious and spiritual torment. They vilely inhibit my exercise of my religious freedom and undermine my Christian/Catholic persona. They threaten the destiny of my soul."
Besides, the senior lawyer also wants, "A declaration that Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act interfere with and impede the Applicant’s right to freedom of thought, conscience and rereligion.
"A Declaration that Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act violates the Applicant’s fundamental right to freedom from discrimination.
"A declaration that Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act are inconsistent with Sections 38(1) and 42(1)(a) of the Constitution therefore null and void, to the extent that they purport to regulate and confer validity on the Applicant’s Christian mamarriage.
"A declaration that non provision of Courts exercising jurisdiction in Applicant’s religious affairs is discriminatory against the Applicant as a Christian and therefore contravenes Section 42 of the Constitution which guarantees Applicant’s right to freedom from discrimination."
Agbakoba consequently hinged his argument on the fact that, "Section 38 (1) of the Constitution guarantees Applicant right to freedom of thought, conscience and religion and right to manifest and propagate his religion or belief in worship, teaching, practice and observance.
"Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act purport to regulate and confer validity on the Applicant’s Christian marriage solemnised according to the doctrine, traditions and marriage rites of the Holy Roman Catholic Church.
"The Applicant’s desires to conscientiously practice and manifest the teaching, practice and observance of his Catholic faith has been and is being restricted by Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act.
"Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act is inconsistent with Section 38 (1) of the Constitution.
"Nigeria is a multi-religious country with three major religions Christianity, Islam and African Traditional Religion. And Section 42 (1)(a) of the Constitution guarantees Applicant’s right to freedom from discriminating on grounds of religion.
"Marriages of other Nigerians conducted under Islamic and African Traditional Religion are not regulated by the Marriage Act and Matrimonial Causes Act.
"Also Nigerians of other faith have specialised Courts exercising jurisdiction in their religious affairs, but there are no Courts exercising jurisdiction in Applicant’s religious affairs. Applicant is compelled to use High Courts for resolution of religious disputes."
The human rights lawyer therefore wants the court to determine, "Whether the Marriage Act and the Matrimonial Causes Act, especially Sections 21 to 26, 33(2)(a) & (b) and Section 15(1) & (2) do not violate the Applicant’s right to freedom of thought, conscience and religion guaranteed by the CoConstitution.
"Whether Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act are not inconsistent with Sections 38(1) and 42(1)(a) of the Constitution, to the extent that they purport to regulate and confer validity on the Applicant’s Christian marriage, therefore null and void to the extent of the ininconsistency.
"Whether the non-provision of Courts exercising jurisdiction in Applicant’s religious affairs does not amount to discrimination against the Applicant within the meaning of Section 46 of the Nigerian Constitution."

PRESS RELEASE BY FESTUS KEYAMO CHAMBERS:

COURT RESTORES SUSPENDED PDP CHAIRMAN AND SECRETARY OF ADAMAWA STATE AND STOPS PARTY FROM USING DOCTORED LIST OF AD-HOC DELEGATES FOR ITS GUBER PRIMARIES

Kindly find attached two court orders issued by the Chief Judge of Adamawa State, the Honourable Justice I.K. Banu, on Friday, November 28, 2014 in respect of developments in the Peoples Democratic Party in Adamawa State.
The court orders were made in the following cases:

(A)      SUIT NO. ADSY/141/2014: CHIEF JOEL H. MADAKI & ANOR V. PEOPLES DEMOCRATIC PARTY &  ANOR
(B)      SUIT NO. ADSY/142/2014: CHIEF JOEL H. MADAKI & ANOR V. SENATOR BALA ADAMU & 6 ORS

The orders are to the effect that:

(a)     The suspended Chairman and Secretary of Adamawa State Chapter of the Peoples Democratic Party, namely, Chief Joel H. Madaki and Barrister Tahir A. Shehu respectively be restored to their offices forthwith and
 
(b)     That the list of ad-hoc delegates for the Adamawa Guber Primaries which was agreed upon by all stakeholders in that State and signed by the State Party Chairman and Secretary on the 1st day of November, 2014, is the authentic list that should be used for the Guber Primaries and not the doctored list submitted to the National Working Committee of the Party by the Ward Congresses Electoral Committee for Adamawa State.
 
For the avoidance of doubt, the following orders (as seen in the attachments) were made:

(1)         IN SUIT NO. ADSY/141/2014: CHIEF JOEL H. MADAKI & ANOR V. PEOPLES DEMOCRATIC PARTY &  ANOR
 
(a)    “The 1st Defendant (PDP) or any of its agents are hereby restrained in the interim from carrying into effect in any way the decision to suspend the Plaintiffs as Chairman and Secretary of Adamawa State Executive Committee of the 1st Defendant (PDP) taken on Tuesday, 18th November, 2014, pending the hearing and determination of the Motion on Notice.
 
 
(b)    The 2nd Defendant (INEC) is hereby restrained in the interim from recognizing any other group of persons other than the Plaintiffs (that is Chief Joel H. Madaki and Barrister Tahir A. Shehu respectively) as constituting the Chairman and Secretary of Adamawa State Executive Committee of the 1st Defendant for the period of January 2013 to January, 2017, pending the hearing and determination of the Motion on Notice.”
 
(2)         IN SUIT NO. ADSY/142/2014: CHIEF JOEL H. MADAKI & ANOR V. SENATOR BALA ADAMU & 6 ORS
 
(a)    “The 6th Defendant (PDP) or any of its organs are hereby restrained in the interim from accepting, recognizing, authenticating or acting upon any Ad-hoc Delegates List for the gubernatorial primary elections of the 6th Defendant for the 2015 Governorship election in Adamawa State other than the list of Ad-hoc Delegates adopted by the Plaintiffs, the 1st – 5th Defendants and other major stakeholders of the 6th Defendant in Adamawa State and signed by the Plaintiffs on the 1st of November, 2014, pending the hearing and determination of the Motion on Notice seeking an Order of Interlocutory Injunction in this suit.

(b)    The 7th Defendant (INEC) or any of its organs are hereby restrained in the interim from accepting, recognizing, authenticating or acting upon any result of a gubernatorial primary election in Adamawa State for the 2015 General Election other than the primary election conducted with the Ad-hoc Delegates List adopted by the Plaintiffs, the 1st – 5th Defendants and other major stakeholders of the 6th Defendant in Adamawa State and signed by the Plaintiffs on the 1st of November, 2014, pending the hearing and determination of the Motion on Notice seeking an Order of Interlocutory Injunction in this suit.”

Thank you.
 
FESTUS KEYAMO, ESQ.

Fake drugs sale: Court orders remand of suspects

(NIGERIA) Two businessmen, Kingsley Chibueze and Osita Ezea, have been remanded in prison custody over alleged sale of fake drugs pending hearing of their bail application before Justice Okon Abang of a Federal High Court sitting in Ikoyi, Lagos.
Specifically, Chibueze was dragged before the judge on a three counts charge of illegal distribution of fake Chloroquine talets and Yellow capsules, while Ezea was charged on four counts of importing fake Buscomac and Primolut N tablets.
The duo however pleaded not guilty to the charge. It would be recalled that the prosecutor, Umar Shamaki, had informed the court that the accused allegedly committed the offence on October 28, 2014.
Shamaki further explained that the defendants were arrested at the Trade fair complex and C-Umeh park Iddo respectively in Lagos, on a tip off, and the fake products recovered.
The prosecutor maintained that the said offences contravened the provisions of sections 3 (1) (a) of the Counterfeit and Fake Drug and Unwholesome Processed Foods Act, 2004.
It also contravens the provisions of sections 1(1) of the Food, Drugs and Related products Act, 2004.
The matter has been adjourned till December 18, 2014 for trial.

EFCC drags suspect to court over alleged scamming of SAN

(NIGERIA) The Economic and Financial Crimes Commission (EFCC) has arraigned a suspected imposture,Moses Olayemi before the High Court of Lagos State sitting in Ikeja.
The suspected imposture who was arraigned before Justice Lateef Lawal-Akapo was alleged to have defrauded a Senior Advocate of Nigeria (SAN), Aliyu Salman to the tune of N2.5 million.
Olayemi was alleged to have obtained the said sum from the senior lawyer under the guise that it was meant for  processing a Federal Government (FG) appointment.
The judge however threw out the bail application initiated by the suspect on the reason that he had a perchant for committing crime, said he did not deserve to be granted bail.
In the counter-affidavit filed in opposition to Olayemi's bail application, the anti-graft agency noted that the accused was not a first offender.
The EFCC maintained that It stated that the accused had a high tendency of abusing bail as exemplified by his attempt to escape from custody in Kano.
According the SAN's statement of claim, "Sometime in April 2013, I was going to Ibadan for an INEC case in the Federal High Court number one, when I received a GSM telephone call from a person who claimed to be one of the members of a committee who needed my CV because I was one of the people to be screened for a Federal Government appointment. I believed the information was genuine.
"I told the person that I was going to Ibadan and he advised me to go to a cyber cafe and produce the CV. He also asked me to send N150, 000, which would be used to get security report on me. I did,  but forgot the account I sent the money to."
The senior lawyer posited that after several conversations on phone, he had  sent  additional  N2.5m to an account belonging to one Moses Babatunde, with an addition that he paid the money believing it would help him get a better job.
The SAN explained that, "Later one Henry phoned me and said he is the chairman of the committee and asked me to send N2.5m to one Moses Babatunde Wale at Skye Bank. I instructed the Unity Bank, Ilorin to send the money to Wale's account number 10188788131. I sent the money because I believed the money is to get me a better job."
Salmon then said he became suspicious when the said Henry began to make further demand which he declined. The SAN said he was later told that the expected job had been given to someone else because of his failure to cooperate.
However in his statement of defence, the suspect who claimed to be a primary school leaver, and currently working as a draughtsman refuted that he did not collect any money from the SAN.
According to Olayemi, "One of my friends named Akpan called me and requested for an account from Skye Bank, and since I did not have one I collected that of my friend Babatunde Moses, who is also a friend and I gave it to Mr. Akpan before he forwarded it to Dr. Aliyu Salman for the payment of N2.5m."
Olayemi added that he was arrested when he went with Babatunde to a Skye Bank at Magodo to withdraw N1million from the money that Salman had paid.
The matter has been adjourned till January 26, 27 and 28, 2015 for trial.

Judge directs remand of 2 over alleged dealing in marijuana

A Federal High Court sitting in Ikoyi, Lagos presided over by Justice Musa Kurya, has ordered the remand in prisons custody of twenty eight year old Ikem Azikwam, and twenty nine year old Olusola Ojo over alleged involvement in drug dealing.
The duo were drugged before the judge by the National Drugs Law Enforcement Agencyn(NDLEA). addressing the court, NDLEA's prosecutor, Orji Kalu, notified the judge that the defendants were arrested with prohibited weed, confirmed to be Cannabis Sativa, popularly called 'marijuana'.
According to the charge designated FHC/L/120C/2014, Ikem was arrested by the agency's operatives, in April 10, 2014, at 26, Olaitan street, Surulere, Lagos, with 400 grams of marijuana, while Olusola was arrested with 500 grams of the same 'weed', in May 21, 2014, at Aluwe street, Badore, Ajah, Lagos.
They however pleaded guilty to the one count charge leveled against them by the NDLEA. This then led the court to adjourned the matter for judgment in the case against Ikem, till November 28, after the fact of the charge had been presented to the presiding by the prosecution's witness and an exhibit keeper with the agency, Nwokoma Terry, while the review of fact of the case against Olusola was adjourned till December 12, 2014.

APC's office invasion: Judge to entertain suit December 1

(NIGERIA) Justice Mohammed Yunusa of a Federal High Court sitting in Ikoyi, Lagos today set aside December 1, 2014 as the date to entertain the suit initiated by the All Progressives Congress (APC), against the Department of State Security (DSS).
It would be recalled that the opposition party had accused the DSS of invading its Ikeja office, leading to the arrest of five of its staff which included Chinedu Atuche, Fayemi Olaposi, Augustine Onuchukwu, Ebun Ilori, and Esther Enemy.
The judge arrived at the decision, consequent upon the inability of the DSS to produce in court the detained workers held in the detention of the DSS.
Justice Yunusa had earlier directed that the DSS and the Nigeria Police should produce the affected APC workers in court on Friday.
The judge also ordered the DSS to unseal the building where the arrest took place, even as he granted an interim injunction restraining them from further shutting the building or taking any step in connection with the property, pending the determination of the substantive suit.
During proceedings on the matter, lawyer to the DSS, Peter Okerinmodun informed the judge that his client was not aware of the court's order.
According to the lawyer, "My appearance today is from what I read in newspapers. One newspaper said the matter came up at Ikeja (High Court).
"I made contact with (SSS) headquarters to ascertain the authenticity. They said there was no service on them. Even as at this morning, nobody has confirmed. So I was not briefed."
In his submission, counsel to the APC, Professor Yemi Osibajo (SAN) intimated the court that both the police and the DSS were duly served, but the latter refused to accept service at their Lagos office.
The SAN said, "The first respondent (the Nigerian police) were served here (Lagos) and in Abuja. We also served the second respondent (SSS).... In pursuant to the orders of this court, same processes were served in Abuja and they were accepted. Proof of service is in the court's file.
"The DSS ought today, in obedience of the orders of my lord, to produce the five applicants."
But in responding, the DSS lawyer argued that, "I want to get across to Abuja whether they have collected the service. We are never known for disobeying my lord's orders."
However interjecting, Professor Osibajo noted that
the judge's orders were unambiguous. According to him, "We are just worried that these individuals have been in detention since Saturday."
But Justice Yunusa maintained that he believed
Okerinmodun because he "had been a good lawyer" in his court.
The judge said, "This matter is adjourned till Monday to enable counsel to the second respondent to comply with the orders of the court."
Specifically, APC and the detained staffs had initiated an action before the court seeking an enforcement of their fundamental rights.
But the DSS explained that its raid was sequel to a petition it received alleging unwholesome activities inside the building at the location.
It said, "Based on this information, the service placed the building under surveillance and having been convinced that some unwholesome activities were going on in the building, it undertook a raid of the premises.

Alleged N97m bank fraud: Fidelity bank manager, husband trial continues today

The trial of the Executive Assistant, Electronic Business unit of domestic operation of Fidelity Bank plc, Uchenna Abazu and her husband over alleged N97 million fraud continues today before the Federal High Court, Ikoyi, Lagos.
Justice Mohammed Yunusa adjourned the case till today during the last hearing.
The couple-defendants are facing a four-counts charge made against them by Mrs C M Efobi from the office of the Attorney General of the Federation (AGF) and Justice Minister.
The charge reads: “That you Uchenna Abazu “F” between the 29th day of February, 2008 and 12th day of February 2009 in your capacity as Executive Assistant, Electronic Business Unit of Domestic Operation of Fidelity bank plc located at 23, Awolowo Road ikoyi Lagos, conspired with your husband Tochukwu Phillip Abazu, to commit felony to wit: forgery and thereby committed an offence contrary to section 3(6)of the miscellaneous offences act cap m17 of the laws of the Federation of Nigeria 2004, and in conjunction with 1(2)(a)(B) (c) of the same act.
“That you Uchenna Abazu (F) and Tochukwu Phillip Abazu your husband between 29th February, 2008 and 12th February, 2009 at Fidelity Bank plc, 23, Awolowo Road Ikoyi, Lagos, did forge statement of account 027402010024417 belonging to Tochukwu Phillip Abazu when you Uchenna Abazu an Executive Assistant with Fidelity Bank Plc with identity card number 1705 in furtherance of your common intention made false entries into Tochukwu Phillip Abazu’s account number 027402010024417, opened with Fidelity Bank Plc on the 6th of June 2007 at 23, Awolowo Road, Ikoyi Lagos did forge statement of account 027402010024417 belonging to Tochukwu Phillip Abazu, when you Uchenna Abazu an Executive Assistant with Fidelity Bank Plc with identity card number 1705 in furtherance of your common intention made false entries into Tochukwu Phillip Abazu’s account number 027402010024417 opened with Fidelity bank Plc on the 6th of June 2007 at 23, Awolowo Road Ikoyi, Lagos, in the sum of about N97million knowing that they were false entries which said false entries were acted upon as genuine, via eighty-two Fidelity bank Plc cheques with serial numbers 03097572 to 0397601, 00106503 to 00106542 and 01951151 to 01951161, to the prejudice of Fidelity Bank Plc and Federal Government of Nigeria and thereby committed an offence punishable under sections 1a,b,and c of the offences miscellaneous Act.
“That you Uchenna Abazu and Tochukwu Phillip Abazu between the 29th of February 2008 and 12th of February 2009 at Fidelity Bank Plc, 23, Awolowo Road, Ikoyi did conspire with one another to wit: stealing and thereby committed an offence punishable under section 516 of criminal code cap c38 of the law of federation of Nigeria.
“That you Uchenn Abazu and Tochukwu Phillp Abazu between 29th of February 2008 and 12th of February 2009 at Fidelity Bank Plc 23, Awolowo Road, Ikoyi did steal the sum of about N97 million belonging to Fidelity Bank Plc and the Federal Government of Nigeria with eighty-one Fidelity Bank Plc account earlier mentioned and subsequently diverted part of the said money to two accounts in commercial banks and thereafter withdrew same for your personal use and thereby committed an offence punishable under sections 390 (6)and (7) of the criminal code cap c38 of the laws of the federation of Nigeria 2004.”

Alleged N4.7bn fraud: Court to rule on Babalakin's application to quash charge

A Lagos High Court sitting in Ikeja, presided over by Justice Lateef Lawal-Akapo, yesterday set aside January 19, 2015 as the day to deliver ruling on the application to quash the N4.7 billion fraud charge made by Chairman of Bi-courtney Limited, Wale Babalakin (SAN).
The judge arrived at the decision, shortly after both the prosecution and defence lawyers argued for and against with respect to the said application seeking to quash the charge.
It would be recalled that the Economic and Financial Crimes Commission (EFCC) had filed the charge against the Bi-courtney chairman alongside his two companies: Bi-Courtney Limited and Stabilini Vision Limited (3rd and 4th defendants), including one Alex Okoh and Renix Nigeria Limited.
They are standing trial on a 27-count charge of allegdly fraudulently transferring N4.7 billion on behalf of the convicted former governor of Delta State, James Ibori.
EFCC alleged that the Bi-courtney boss and his co-defendants fraudulently assisted Ibori to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of an aircraft.
But Babalakin alongside his co-defendants through their various lawyers instituted separate applications, praying Justice Lawal-Akapo to quash the N4.7bn charges, with a position that the EFCC, as a federal agency, lacked valid fiat to prosecute them in a state high court.
The defendants through their counsel, Dr. Biodun Layonu (SAN), Mr. Tayo Oyetibo (SAN), Mr. Roland Otaru (SAN), Dr. Joseph Nwobike (SAN) and Mr. Oladapo Adeosun had also argued that the state High Court has no jurisdiction to hear offences brought under the EFCC Act.
The lawyers posited that all the charges against the defendant were predicated on repealed laws of Lagos State and urged the court to quash the charges.
They also submittd that the defendants were not properly informed of the details they were charged for as stated in the Constitution, adding that count 2 to 13 of the charge did not inform the defendant the details of the offence, neither did they constitute an offence under any written law in the country.

Agbaje not eligible to contest 2015 governorship primary, PDP chieftain tells court

An Ikeja High Court has been prayed by a chieftain of the Peoples Democratic Party (PDP), Nurudeen Balogun, to stop one of the governorship candidate, Jimi Agbaje from contesting the forthcoming governorship primary of the party slated for December 8, 2014.
The plaintiff is contending in the suit initiated on November 26, 2014 that Agbaje is not eligible and qualified to run for any elective position in the forthcoming primaries having only joined the party in July 2015.
The party chieftain joined as defendant, the Independent National Electoral Commission (INEC).
The plaintiff in an affidavit attached to the suit and filed by his lawyer, Clement Onwuenwunor, posited that consequent upon the provision of Section 50(9) of the PDP’s Constitution, only aspirants with minimum of two years membership span are eligible to stand for election into any public office under its platform. 
Balogun argued that, "As at today, the 26th day of November, 2014, the 1st Defendant (Agbaje) is barely 4 months old as a legitimate card carrying member of the 2nd Defendant (PDP)."
The party chieftain insisted that the 1st defendant who according to him has never paid his registration dues and regular annual subscription fees for renewal of his membership is not eligible to contest elective position to a public office on the platform of the 2nd  defendant.
Balogun submitted that, "I am aware that the 1st defendant has not been given any waiver by the National Working Committee (NWC) of the 2nd defendant as stipulated by the 2nd defendant’s Constitution to contest for elective position to the office of the Governor of Lagos State under the platform of the 2nd defendant.
"That on 21st November, 2014, I petitioned the Chairman, of the South-West Governorship Screening Committee of the 2nd defendant of this unwholesome practice and blatant infraction of the 2nd defendant’s Constitution by the 1st defendant and his cohorts in the 2nd Defendant’s Political Party.
"Notwithstanding the said petition, the 2nd defendant did not respond, reply or take necessary appropriate action on the said petition and that it is sequel to the above averment that this suit became necessary to forestall radical violence to the 2nd defendant's Constitution by the 1st defendant."
The PDP chieftain consequently prayed the court, "For an injunction restraining the 1st defendant from parading himself as candidate for election or presenting himself to any organ of the 2nd defendant, especially the Screening Committee, for the purpose of being screened for the primary election for 2015 Governorship election in Lagos State having only joined the 2nd defendant in July 2015 and his membership not regularized.
"An injunction restraining the 2nd and 3rd defendants (INEC), their agents, servants and or privies from accepting Expression of Interest/Nomination Forms from the 1st defendant or screening him to participate in the primary election for 2015 Governorship election in Lagos State having only joined the 2nd defendant in July 2014 and his membership not regularised.
"A declaration that it is only a duly registered member of the 2nd  defendant or one whose membership is regularised, can present himself and pick Expression of Interest/Nomination Forms for the purpose of the primary election for 2015 Governorship election in Lagos State.
"A declaration that the 2nd  and 3rd  defendants are not entitled to accept Expression of Interest/Nomination Forms from the 1st  defendant for the purpose of participating in the primary."
The matter is yet to be assigned to a judge.

2015 governorship primaries: Court throws out application to restrain Obanikoro

Justice Kazeem Alogba of a Lagos High Court sitting in Ikeja, yesterday threw out an application, seeking an order restraining immediate past Defence Minister, Senator Musiliu Obanikoro, from contesting in the forth coming December 8, 2014 Peoples Democratic Party's (PDP) governorship primary in Lagos State.
While refusing to grant the order, Justice Alogba held that the applicants failed to prove the urgency of the action to warrant granting the order.
The court also queried reasons why the applicants did not file the exparte application along with the originating summons earlier instituted on November 14, 2014 if there was urgency as was argued by their lawyer, Wahab Shittu.
The judge held that considering the gravity of the allegations levelled against Obanikoro, it would only be fair to grant him fair hearing before making any such order.
Justice Alogba declared that the court did not
believe that the interest of the applicants would be jeapardised in anyway if the court did not make an instant order restraining Obanikoro from participating in the said primary.
The judge then ordered the applicants to serve the respondents with the relevant processes, including the option of substituted service through either The Punch or The Guardian Newspapers.

Justice Alogba adjourned the matter till December 9, 2014 for hearing of the substantive suit.
It would be recalled that three members of the  PDP in the state, Micheal Ogun, Suleima Saheed  and Wasiu Odusan had prayed the judge to declare Obanikoro ineligible to stand election in Nigeria on the platform of any party.
The originating summons was supported with five exhibits among which is an American passport claimed as belonging to Obanikoro but obtained under a different name.
The applicants also tendered an international passport claimed to belong to Obanikoro but alleged carries a false age.
They prayed the court to declare that by the provision of paragraph 4 (a) of Part iv of the electoral guidelines for primary Elections, 2014, of the INEC, Obanikoro was not eligible to participate in the gubernatorial primary election of the PDP scheduled for December 8, 2014 in Lagos State.
The plaintiffs also maintained that in view of the alleged age falsification, Obanikoro was not even eligible to contest on the platform of any political party in Nigeria.
According to the suit, "Pursuant to Sections 182(1) (a) (j) of the 1999 Constitution, Sections 31(2), 31 (5) 31 (6) and 31 (8) of the Electoral Act, 2010 and Section 10 (1)  and other relevant sections of the PDP constitution, the 1st respondent stands disqualified by virtue of his antecedents and constitutional provisions."
In moving the exparte motion, Shittu argued that it was expedient to stop Obanikoro in order not to allow for illegality.
The lawyer further posited that, "A democracy is principally founded on the rule of law. At all times there are two choices to make, whether you want to be guided by the rule of law or by the culture of impunity. Your Lordship will decide this issue for history and for posterity."
Aside Obanikoro, other respondents to the suit includes: the Independent National Electoral Commission (INEC) and the PDP.

Alleged N65m fraud: EFCC arraigns 77 year old business woman

Alleged N65m fraud: EFCC arraigns 77 year old business woman

The Economic and Financial Crimes Commission (EFCC), yesterday docked a 77-year old business woman, Alhaja Mulikat Shonekan alongside two others before an Ikeja High Court over alleged defrauding a company, Kuta Stones Limited to the tune of N65 million.
Specifically, Alhaja Shonekan alongside one Martins Ogiogwa and her company, Mujekanm Petroleum Nigeria Company Limited who were arraigned before Justice Olwatoyin Ipaye, were alleged to have on September 2008 fraudulently obtain the sum of N65 million from Kuta Stones under the guise of purchasing 90 acres of land located at Kemta Osun village in Odeda local government area of Abeokuta, Ogun State for the company.
According to the five count charge of stealing and
obtaining money by false pretence initiated by the anti-graft agency, it was alleged that the defendants collected the money from one of the directors of Kuta Stones Limited, Danladi Verheijen for the purchase but failed to deliver the property to the company three years after.
Alhaja Shonekan was equally accused of issuing a dud GTBank cheque to the tune of N5million through her company as repayment for the alleged N65million she collected from the company.
The offence according to the EFCC is punishable under sections 390 of the criminal code laws of Lagos State and sections 1(1) of the dishonoured cheque offences act, laws of the federation of Nigeria, 2004.
But the trio pleaded not guilty to all the counts. Alhaja Shonekan was granted bail in the sum of N5 million with two sureties, one of who must be a blood relation, resident in Lagos with a three years tax clearance.
The second defendant was also granted bail in the sum of N10 million with two sureties, one of who must be his blood relation.
The judge however ordered that Alhaja Shonekan be remanded in EFCC custody while the second defenant be remanded in prisons custody.

Alleged N224m theft: Investigate local councils in Lagos, SERAP tells

Alleged N224m theft: Investigate local councils in Lagos, SERAP tells ICPC

A Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP), yesterday charged Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Mr Ekpo Nta, to transparently investigate allegations of corruption in Lagos State Councils and to bring to justice suspected perpetrators.
According to a statement signed by the group's senior staff counsel, Olukayode Majekodunmi, the call was sequel to a government audit of 57 local councils in the state which according to the statement, allegedly indicted eight councils of stealing and mismanaging at least N224 million of public funds on a range of questionable expenditures and unimplemented contracts.
The group stated further that it, "Expressed serious concern about the content of 2012 government audit report and the inability of the government to fully and effectively address the issues raised by the report.
“This situation can only continue to exacerbate the increasing level of violation of the citizens’ internationally recognised economic and social rights including the right to adequate food, to quality education, to water, and to accessible and adequate health services.
"Large-scale corruption such as the one mentioned above exposes majority of the citizens to a “double jeopardy.
”On the one hand these people are subjected to hardship of immense proportion, while they are also denied the freedom to explore, on the basis of free enterprise, novel and legitimate ways towards individual development and prosperity, the most convenient path out of absolute poverty.   
“The allegations also constitute grave breaches of the Corrupt Practices and Other Related Act 2000 and the UN Convention against Corruption which Nigeria has ratified.
"Specifically, sections 16 and 19 of the Corrupt Practices Act would appear to have been violated going by the clear contents of the audit report. The UN Convention against Corruption contains similar prohibitions, and imposes clear obligations on Nigeria to investigate allegations of corruption such as the present case; prosecute suspected perpetrators and ensure return of the proceeds of corruption."
Besides, SERAP urged Nta to ensure that the allegations are fully and transparently investigated, and that the findings of the investigation are made public.
The group stated further that, "The audit assessment reportedly accused the following Local Councils of wasting public funds: Agbado Oke –Odo, Surulere, Coker-Aguda, Egbe-Idimu, Eredo, Iba, Ikosi-Isheri and Lagos Island East.
"The report also established cases of corrupt practices and other cases of financial recklessness in Eti Osa, Mainland and Somolu and some other local councils failed to remit statutory deductions from contracts awarded to the tune of N40.9m.”
“In Surulere, auditors reportedly found that N17.5m as against the agreed N12.8m which was the 30 percent of the mobilisation sum was paid to a contractor for the installation of a Colour Led Display solution screen at Masha Road, Lagos State Water Corporation Junction in the local government.
"Even so, the project has not taken off since February 2011 when the agreement was signed. The report also mentioned spurious expenditure totalling N1.3m was made by staff on behalf of the Local Council.
“At Egbe-Idimu LCDA, a total of N29.1m was unaccounted according to the audit report. The officials at Eredo LCDA also made unauthorised excess expenditure totalling N15m in 2012 just as 52 payment vouchers amounting to N30.2m and duly paid and posed in treasury cashbook were not produced for audit verification.
"The report also indicted officials of Iba LCDA for over payment of security allowance to the chairman to the tune of N2m in 2012.”

Corruption: SERAP want political leaders to show good example

Corruption: SERAP want political leaders to show good example

Socio-Economic Rights and Accountability Project (SERAP), yesterday charged political office holders across the country to show show good example to their teaming supporters so that the fight against corruption would be a success.
Speaking at the launch of a report on 'Citizens’ Guide to the Independent Corrupt Practices and Other Related Offences Commission', SERAP through its Executive Director, Adetokunbo Mumuni argued that, "The war against corruption is a war for all of us and not for only those who are in position of power in the country."
Mumuni added that, "Despite some marginal improvements in the fight against corruption in Nigeria, high level official corruption remains widespread, and suspected perpetrators continue to enjoy impunity.
"Although some attention is now being drawn to local government level corruption, most known cases of corruption remain at the federal and state levels.
"Several allegations of corruption among local government officials are not adequately reported; and actions are rarely taken to redress the problem or to achieve accountability."

LASG will not tolerate rape, domestic violence, Deputy governor insists

LASG will not tolerate rape, domestic violence, Deputy governor insists
FRANCIS IWUCHUKWU
Lagos State Deputy Governor, Orelope Adefulire yesterday insisted that the scourge of rape and domestic violence will not be tolerated in the state.
Addressing participants who had after a walk to create awareness on rape in Lagos State converged at her office, Adefulire who was represented by a Special Assistant attached to the Deputy Governor's office, Risikat Akinyode said the menace must be put an end to in the state and indeed in the country.
The Deputy Governor added that the state government is spending so much money to ensure that the rights of citizen were protected, with a further position that any of such case brought to the attention of government would be decisively dealt with.
The awareness is part of the annual United Nations 16 days of Activism on Violence Against Women (Nov.25th –Dec. 10th) and in celebration of the first anniversary of the Mirabel Centre.
Earlier in her address, founder of the Mirabel Centre, Itoro Eze-Anaba maintained that the aim of the rape walk with the theme “Not in our communities” is to provide a platform where all stakeholders in the fight against rape and sexual assault, can mobilise  the community to take action against perpetrators of rape and report such cases to appropriate authority.
According to the founder, "Ikeja Motor Park was strategically chosen as the meeting point as this will enable us to create awareness among different sectors of the community who use the motor park including road transport workers, bus drivers, okada riders, etc.
"The route, from the motor park to the Deputy Governor’s office, is a busy road in the metropolis and thus many people we believe will benefit from the awareness created by the walk.    
"The walk is organised in collaboration with  the following partners: Lagos State domestic violence and sexual assault response team (DVSART), Lagos State gender advocacy team (LASGAT), Lagos State University Teaching Hospital (LASUTH), ministry of Justice, Office of the public defender, ministry of women affairs and poverty alleviation, the ministry of youth, sports and social development, ministry of health, medical personnel, and WG8 on violence against women.
She equally stressed the need for legal support from government so that the fundamental rights of victims are well protected.