Ramon Oladimeji

The Independent Corrupt Practices and other related offences Commission has said the standard operating procedures it recently launched for the Nigerian ports will enable it to keep a closer watch on operations within the ports.

It therefore urged all the players in the sector to embrace transparency and accountability, warning that it would not hesitate to invoke the instrumentality of the law against any erring player.

The Director of Public Enlightenment, ICPC, Mrs. Rasheedat Okoduwa, said this during the inauguration of the Harmonised SOPs and the Port Service Support Portal at the Apapa Port, Lagos, on Tuesday.

According to Okoduwa, illegal activities can no longer go unnoticed at the Nigerian ports, with the launch of the SOPs, which, she said, had made it clear to the whole world how business is conducted at the Nigerian ports.

Okoduwa noted that the launch of the SOPs and the PSSP followed a recent corruption risk assessment carried out by the ICPC in the Nigerian ports sector.

She said the ICPC carried out the corruption risk assessment pursuant to its mandate to prevent corruption under Section 6 (b) – (d) of the Corrupt Practices and Other Related Offences Act 2000.

Okoduwa said, “The mandate empowers the ICPC to study the systems and procedures of government bodies and supervise a review of those processes found to be prone to corruption.

“The ICPC would like to remind all the agencies and port operators of the commitment they have given to comply with procedures as obtained in their published SOPs and to conduct port business with the highest level of integrity and a keen sense of accountability.

“Through the SOPs, Nigeria has told the whole world how she conducts port business and the PSSP empowers port users to seek prompt resolution of service and integrity shortfalls.

“The ICPC will maintain a keen watch over proceedings on the platform and will not hesitate to call upon its enforcement powers to sanction those who willfully err. Therefore, we implore all stakeholders to continue to support the government in creating a new Nigeria where service is rendered selflessly, responsibly and with dignity.”

Okoduwa commended members of the Project Steering Committee, whose report and recommendations culminated in the launch of the SOPs, for their zeal.

She said, “The bodies represented on the committee deserve singular mention for their patriotic zeal and tenacity of purpose. They include the ICPC, the Bureau of Public Procurement, the Technical Unit on Governance and Anti-corruption Reforms, the Federal Ministry of Transportation, the Nigeria Ports Authority, the Nigerian Shippers Council, the Nigerian Customs Service, the Nigeria Immigration Service, the Nigerian Drug Law Enforcement Agency, the Port Health Services of Nigeria, the Nigerian Maritime Administration and Safety Agency and the Council for Regulation of Freight Forwarders of Nigeria.”

According to her, the SOPs would also be launched at the Warri, Onne, Rivers and Calabar ports.

She added that the essence of the launch was to create awareness to the SOPs and the PSSP for active use by port patrons.

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A former aide to ex president Goodluck Jonathan, Warpamo Dudafa, on Thursday appeared before a Federal High Court, Lagos over charges bordering on $15 million fraud.

Dudafa, a former Special Assistant on domestic affairs to the ex president, is charged by the Economic and Financial Crimes Commission with six others.

The accused persons are charged on 15 counts bordering on conspiracy and fraud.

Others charged with Dudafa are Amajuoyi Briggs and Adedamola Bolodeoku.

Also on the charge sheet are four companies: Pluto Properties and Investment Company, Seagate Property Development Company, Trans Ocean Property and Investment Company Ltd, and Avalon Global Property Ltd.

When the case was called on Thursday, the four companies announced their representation as follows: Friday David (Pluto Properties and Investment Company) and Agbor Obaro (Sea Gate Property Development Company).

Also, Fredrick Dioghowori announced his representation for Trans Ocean Property Ltd, while Taiwo Ebenezer represented Avalon Global properties Ltd.

After the charges were read to the accused, the first, second and third accused pleaded not guilty to the charges.

Meanwhile, the four individuals representing the companies listed in the charge, each pleaded guilty to the offences.

Following the guilty plea of the companies, the EFCC prosecution led by Mr Rotimi Oyedepo, prayed the court to allow a short time for review of the facts, adding that he would not waste the time of the court.

The trial judge, Justice Babs Kuewumi, however, declined prosecution’s request and said he would adjourn the matter to a future date.

Meanwhile, counsel representing the second and third accused, Messrs Tochukwu Onyiuke, and Joseph Okebiemen, informed the court of a bail application filed on behalf of their clients, which had not been opposed.

They urged the court to admit the accused to bail on liberal terms.

Counsel representing the first accused, Mr Gboyega Oyewole, also informed the court that his client was already on bail on existing conditions granted by a brother judge,

He urged the court to allow his client enjoy same bail.

To this request of counsel, Kuewumi declined granting bail to the first accused and ordered him to file a formal application for bail before the court.

The court however, granted bail to the second and third accused in the sum of N250 million with one surety in like sum.

The judge added that the sureties must be owners of landed properties in Lagos, and if a public servant, such surety must produce a letter of introduction from his employer.

The judge also ordered the sureties to submit evidence of tax clearance.

He adjourned the case to Sept. 27 for continuation and ordered the accused to be remanded in prison custody pending perfection of their bail.

In the amended charge, the EFCC alleged that the accused between Nov. 13, 2013 and June 2015, used the different companies to commit the offences.

The accused were alleged to have conspired to retain over 15 million dollars, which sum they reasonably ought to have known formed part of the proceeds of crime.

The alleged offences are said to be contrary to and punishable under sections 15 (d), 17(a), 18(a), and 27 (3) (c) of the Economic and Financial Crimes Commission (Establishment) Act 2004.

The offences are said to have also contravened the provisions of sections 1(2) (c), and 1(19) (6) of the Miscellaneous Offence Act, Cap M17, Laws of the Federation, 2004.

It also contravened the provisions of sections 18 (a) of the Money Laundering Prohibition Act, 2012.

(NAN)

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A Nigerian man whose pet dog shares the same name as Nigerian President Muhammadu Buhari on Friday asked the court to dismiss criminal charges against him.

In a statement sent by his lawyer, the owner of ‘Buhari’ the dog Joachim Iroko said he had a “legal right” to name his pet whatever he wanted.

“The name is not exclusive to the president, Buhari can just be a name given to any living creature just for identity,” Iroko’s lawyer Ebun-Olu Adegboruwa told AFP.

Iroko appeared in court Ota in the southwest state of Ogun in August after being charged with “conduct likely to cause breach of peace” after naming his dog Buhari, Adegboruwa said.

He was due back in court on Monday, September 19.

Police allege, however, that Iroko wrote the name Buhari on the sides of his dog to antagonise his neighbour, whose father’s name is Buhari.

“The man was not arrested for naming the dog Buhari but the conduct surrounding the attitude or the actions of the man,” Ogun state police spokesman Muyiwa Adejobi told AFP.

“The man has been having issues with one of his neighbours whose father’s name is Buhari, it has nothing to do with the president.”

Iroko denies the claims, with Adegboruwa saying that the animal was usually chained near his warehouse to deter thieves.

Adegboruwa says that the four-legged Buhari, a chocolate-brown coloured dog, has now gone missing.

“We are all looking for the dog,” Adegboruwa said, “maybe it is with the police, we still don’t know”.

The lawyer said that he hoped that the government would drop the “frivolous” case.

AFP

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The Federal Government is demanding $635 million from two multinational oil companies, Agip and Total, for undeclared crude oil shipped out of the country between 2011 and 2014.

Two cases have been filed at the Federal High court in Lagos by senior lawyer and Senior advocate of Nigeria, Professor Fabian Ajogwu, who had handled several cases for the Federal Government on aviation, defence, energy, and financial services.

Hearing will begin next week before Justice Olatoregun Isola.

And there are indications that Ajogwu will also be filing claims against other multinationals, such as Chevron and Exxon-Mobil

The Nigerian Government in the two cases is claiming $490,517,280 from TOTAL E&P NIGERIA LIMITED and $145,848,102 from NIGERIA AGIP OIL COMPANY LIMITED.

The statements of claim filed before the court are accompanied by the sworn affidavits of three US based professionals.

The Nigerian Government contends that sometime in 2014,it realised a decline in its oil export revenue. This necessitated an intelligent gathering of data, which showed that part of the reasons for the decline was the under-declaration of crude oil shipments made by some major oil and gas companies operating in Nigeria.

Professor David Olowokere, a US citizen who is the lead Analyst at Loumos Group LLC, a technology and oil and gas auditing firm based in United States of America, Jerome Stanley, a counsel in the law firm of Henchy & Hackenberg, a law firm based in United States of America and head of the legal team engaged by Loumo Group LLC, made the court statements.

The third deponent is Michael Kanko a citizen and resident of the State of Arizona United States of America, who is the founder and the current Chief Executive Officer of Trade Data Services Company.

A forensic analysis of export records from Nigeria and the import records from respective ports of entry at the United States of America used by Agip and Total showed discrepancies.

The volume of crude Oil declared to have been exported from Nigeria, was less than what was declared to have been imported into United States of America via the same shipment by the same vessel on the same bill of lading.

Some other shipments were not declared by the defendants to the requisite authorities, particularly the pre-shipment inspection agents. In some instances, the crude oil shipments were completely undeclared.

The plaintiff (Nigerian Government ) alleged further that all crude oil and gas shipments /exports from Nigeria are required to be declared and inspected by pre -shipment Agents appointed by the Central Bank of Nigeria of revenue due from the crude oil shipments.

The inspection records are to be deposited with ministry of finance Nigeria .

The Nigerian Government averred that high-technology information technology system including satellite tracking systems were deployed by consultants in gathering the various validated information establishing the shortfalls in the export declarations and the import declaration in the country of destination.

Court documents showed that 57 million barrels of Nigeria crude oil was illegally exported by TOTAL E&P NIGERIA LIMITED, NIGERIA AGIP OIL COMPANY, CHEVRON and other companies and sold to buyers in the United States of America between January 2011 and December 2014. The revenue due to Nigeria as a result of this under-declaration and non-declaration is $12,722,600,327($12.7billionDollars) which translates to N2,493,629,664,092(2.5Trillion Naira) at an official rate of 197 Naira to one US Dollar

In one of the instances cited, TOTAL E&P NIGERIA LIMITED shipped crude oil using a vessel by name TRIATHLON to Tostsa Total oil Trading SA of San Felipe Plaza-Suite 2100,5847 SAN FELIPE, 770557-HOUSTON United States at the port of Philadelphia, Pennsylvania, United States of America with a bill of lading number TCVMTRIATIA 1388. The shipment was not declared to the relevant authorities resulting in the shortfall of 968,784 barrels of crude oil in the value of $106,566240 as revenue to the Government,

Another under-declared crude oil was estimated at 491,850 barrels with a value of $54,103,500. It was shipped aboard a vessel named NORTH STAR and sold to BP Products North America of 501 Westlake Park Boulvard, Houston, TX 77079 United States, at port of Texas City, with bill of lading DROESVD23091101.

On two different occasions 768,990 barrels of crude oil, valued at $84,588,910 was loaded on a vessel named AUTHENTIC. It was Shipped to Socap international limited of Cannon’s court, 22 Victoria Street, Hamilton, HM12.Bermuda at the port of Chester Pennsylvanian, United States bill of lading ALMYSVDM17041101 and17041102

The Nigerian government seeks an order of the court compelling Total E&P Nigeria Limited to pay into the FEDERAL GOVERNMENT OF NIGERIA account with the Central Bank of Nigeria, $245,258,640 being the total value of the missing revenues from the shortfall /under-declared/undeclared crude oil shipments of the Federal Government of Nigeria.

Government also wants the oil firm pay General damages of $245,258,640 and Interest on the said sum at the rate of 21 percent per annum until the entire sum is liquidated.

The case has been adjourned till next week for hearing .

In a separate suit, the Federal Government of Nigeria alleges that NIGERIA AGIP OIL COMPANY LIMITED on 16 June 2014 lifted crude oil on board the vessel named VALUE. The firm shipped the cargo to Philadelphia Energy Solutions of 1735 Market street Philadelphia, PA USA at the port of Wilmington, Delaware, United States of America with Bill of lading number SEUK9HA21304143.

Government claims that the shipment was not declared to relevant authorities resulting in the shortfall of 175,334 barrels of crude oil in the value of $38,573,561as revenue to Federal Government of Nigeria.

On 27 June,2011,Nigerian Agip Oil Company limited lifted crude oil on board a vessel named COSMIC and shipped same to ENI TRADING & SHIPPING B.V. of Strawinskylaan 1641-Tower C/16 1077C XX. Again, government claims that the shipment was not declared to the relevant authorities resulting in a shortfall of 467,614 barrels of crude oil in the value of $107,274,990 as revenue to the Federal Government

Despite letters written by the legal representative of the Federal Government for payment of the shortfall, the company had failed to make any payments to the Federal Government.

The Federal Government of Nigeria now claims against Nigeria Agip Oil company limited:

*An order compelling the company to pay into Federal Government of Nigeria ‘so account with central bank of Nigeria the total sum of $145,848,551being the total value of the missing revenues from the shortfall/under declared/undeclared crude oil of the Federal Government

*Interest at the rate of 21 per cent per annum until the entire sum is liquidated.

*General damages in the sum of $145,848,551.and the cost of this legal action.

There are imminent claims against other Oil exploration companies including Chevron.

NAN

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A Kano Magistrates’ Court sitting in Audu Bako Secretariat on Monday ordered the remand of a 25-year-old man, Mansir Sani, for allegedly defiling a 12 year-old boy.

The defendant of Yakasai Quarters, Kano, was charged with unnatural offence, contrary to Section 284 of the Penal Code.

The Prosecutor, Mr Suleiman Danladi, told the court that Yusuf Dauda of Kofar Mata Quarters, Kano, reported the case to Kano State Hisbah Board Office on Aug. 22.

Danladi said that sometime in August, the defendant Sani lured the complainant’s step son to the veranda of Amadu Tijjani Islamic Centre, located at Kofar Mata Quarters, Kano.

The Prosecutors said that the defendant then forcefully had intercourse with the boy through his anus.

He said the boy was seriously injured and was rushed to Murtala Muhammad Specialist Hospital, Kano.

Sani pleaded not guilty to a one-count charge read to him.

The Chief Magistrate, Muhammad Jibril, ordered the remand of the defendant in prison custody and adjourned the case till Sept. 29 for mention.

NAN

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A Chief Magistrate’s Court sitting in Ado-Ekiti has sentenced one Ali Haruna to two years imprisonment for taking his cows for grazing in a farmland and destroying crops.

The Magistrate, Idowu Ayenimo, in his judgement, said the accused was arraigned in his court on Jan 22, 2016 over a two-count charge of wilful and unlawful damage of farm crops at Ago Aduloju in Ado-Ekiti.

The 18-year-old Haruna was confirmed by the four prosecuting witnesses to have been caught in the midnight grazing his cow in the farm belonging to Abdulahi Yaho and Bello Mohammed.

The cash crops said to have destroyed by the cows in the farm included cassava, maize, okro and pepper, all valued at N3 million.

In his defence, the defendant had told the court that the owner of the cows lived in Ilorin, Kwara.

The magistrate said that the court did not believe Haruna’s defence as it was not credible.

He held that the police prosecutor, Mr Olasunkanmi Bankole, had proved his case beyond reasonable doubt.

He thereby convicted the defendant as charged without option of fine.

The magistrate ordered that sentence should run concurrently, explaining that the term was minimal because the offence was committed before the Grazing Law was promulgated in the state.

The defence counsel, Mr Chris Omokhafe, had prayed the court to be liberal in the dispensation of justice, saying that he was a first offender.

(NAN)

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The trial of former Managing Director of Nigerian Airspace Management Agency, Ibrahim Abdulsalam, facing N6.8 billion fraud at a Federal High Court, Lagos, on Wednesday suffered another setback following the judge’s absence.

Abdulsalam is charged alongside six others for allegedly stealing and converting the agency’s N6.8 billion to personal use.

Others are Adegorite Olumuyiwa, Agbolade Segun, Clara Aliche, Joy Adegorite, and two companies – Randville Investment Ltd and Multeng Travels and Tours Ltd.

The case was fixed for continuation of trial on Wednesday but the absence of Justice Babs Kuewumi, who is attending a conference in Abuja stalled it.

The court fixed Nov. 8, Nov. 9, and Nov. 10 as new dates for the trial.

The Economic and Financial Crimes Commission had on April 7 arraigned the NAMA boss, three directors of the agency and the wife of one of the directors.

They had all pleaded not guilty to the charges.

The charge was subsequently amended to include three more accused persons, while all were re-arraigned on April 12.

They again pleaded not guilty to the charges, and were admitted to a bail of N20 million each with two sureties each in like sum.

On Aug. 19, 2013, the EFCC had alleged that the accused conspired to induce NAMA to pay N2.8 billion to three companies – Delosa Ltd, Air Sea Delivery Ltd and Sea Schedules Systems Ltd.

It was alleged that the payment was under the pretext of clearing NAMA’s consignments.

It was also alleged that between Jan. 2 and Dec. 17, 2013, the defendants appropriated N191 million belonging to NAMA as well as converting N728 million and other sums between 2013 and 2015 to personal use.

The offences contravened the provisions of Sections 1 (3) and 8 (a) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006.

NAN

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A Jos Chief Magistrate’s Court on Wednesday sentenced two labourers, Friday Duro, 21, and Friday Audu, 22, to 14 months in prison for stealing a bag of rice.

The duo, who reside at Jenta Adamu Street in Jos, are facing a two-count charge of criminal trespass and theft.

The Magistrate, Mr Jovita Binjin, sentenced them after they pleaded guilty to the crime and pleaded for leniency.

In their plea they said that hunger led them to crime.

“It was hunger that led us to do it, we have stayed without food for days and we needed money to buy food.

“Have mercy on us we will not do it again,’’ they pleaded.

The magistrate in his ruling said that the accused were sentenced to four months in prison for trespass.

“I hereby sentence you to four months in prison for the offence of trespass or pay a fine of N2, 000 and 10 months in prison for the offence of theft or a fine of N3, 000,’’ the magistrate ruled.

He said that the sentence was meant to serve as a deterrent to those who might want to engage in similar acts.

Earlier, the Prosecutor, Sgt. Thomas Amuku, told the court that one Agbat Luke, a security man attached to the Satellite Market, Jos, arrested the accused and handed them over to the police on Sept. 20.

Amuku said “the accused persons trespassed into the market and broke into a shop to steal but were apprehended’’.

He said that during police investigation, the accused confessed to stealing a bag of rice belonging to one Asabe Amos.

The prosecutor said that the accused admitted selling the bag of rice to one Mrs Asabe Alechenu for N 3, 000.

He said that the accused went back to steal another bag of rice but luck ran out on them and they were apprehended.

Amuku said that the offence contravened the provisions of Sections 348 and 287 of the Penal Code.

(NAN)

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After several unsuccessful interventions to save a 16-year-old marriage, an Igando Customary Court in Lagos on Wednesday dissolved the union, citing the husband’s infidelity.

The marriage between a food vendor, Adejoke, and her bricklayer-husband, Musiliu Omotosho, was dissolved the President of the court, Mr Adegboyega Omilola.

The mother of four boys accused her husband of being fetish, saying he married her with charms.

She said, “When I was single, my husband approached me that he wanted to marry me, I told him that I had a fiance and that our marriage was near.

“Musiliu came back the following day and touched me, I did not know how I got to his village, and I started having babies for him. As an orphan nobody looked for me, but now I am back to my senses.

“My husband had also threatened to kill me and my hair dresser had confided in me that my husband also asked her to give him strands of my hair.”

The president of the court said the petitioner (Adejoke) was adamant despite several mediation from the court and family members.

He said, “Since the petitioner wants a divorce after several interventions, the court has no choice than to dissolve the union despite the fact that the husband claims he still `loves’ her.

“The court hereby pronounce the marriage between Adejoke Omotosho and Musiliu Omotosho dissolved today; both parties henceforth cease to be husband and wife.

“They are free to go their separate ways without any hindrance or molestation.”

The petitioner, Adejoke, 39, had approached the court to end her 16-year-old marriage over infidelity on the part of the husband.

She said her husband was in the habit of bringing his lovers to their one-room apartment to spend some days or months with them.

She said, “I always leave the bed for them and sleep on floor and on four occasions, I had reported him to both families.

“Recently, he came home with a woman who stole my pants and brassieres I discovered after she had left.

“I told my husband to retrieve my underwear from his lover, he later came home with a bra and pant that was not mine.”

Adejoke said she was the one feeding the family, paying the house rent and the children’s school fees.

She urged the court to dissolve the union, saying “I am scared of contracting sexually transmitted diseases (STD) from him due to his unfaithfulness”.

The estranged husband, 47, told the court that he had been paying some bills contrary to what the woman said.

“I usually pay the bills, I give my wife N500 per day for feeding, but she also assists me as any good wife will do.”

Musiliu said he had returned the under wears his lover took away from their house.

He, however, denied that he never approached his wife’s hairdresser for her hair.

In spite of his alleged unfaithfulness, Musiliu still urged the court not to dissolve the marriage, saying “I still love her.”

(NAN)

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A 44-year-old man, Eseosasere Gift Osifo, on Thursday appeared before an Osogbo Magistrate’s’ Court over alleged impersonation and fraud.

Osifo was in court for creating a Facebook account using details of Prof Yemi Osunbajo, Vice President of Nigeria, to defraud unsuspected victims.

The Prosecutor, Mr Onoche Ekwom, Principal Legal Officer, Department of State Services, told the court that the accused committed the offence between January and August before he was arrested and brought to the court.

Ekwon said the accused used the account to extort money from unsuspected victims on several occasions before he fell prey to the last victim which led to his arrest.

He said the offence contravened Sections 484 and 422 of the Criminal Code, Cap 34, Vol. 11, Laws of Osun, 2002.

The accused pleaded not guilty to the two-count of impersonation and fraud.

Counsel to the accused, Mr Peter Ofoyeju, prayed the Magistrate to grant his client bail in the most liberal terms.

The Magistrate, Mrs Sodamade Fatimoh, granted the accused bail in the sum N500,000 and two sureties in the like sum.

Fatimoh said the sureties must reside within the court jurisdiction and must have evidence of tax payment and two passport sized photographs attached with an affidavit of means.

She said one of the sureties must be a civil servant on Grade level 12 and the other a closed relations to the accused.

The case was adjourned the case to November 21 for hearing.

NAN

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Eight persons on Tuesday appeared before an Osogbo Magistrates’ Court in Osun over the theft of 1,000 chickens from a poultry farm.

The accused include Odebiyi Yinka, 20; Ayoola Samson, 20; Cecilia Ochilla, 35; and Elizabeth Akira, 30.

Others are: Oyelami Tajudeen, 30; Regina Philip, 40; Grace Odelia, 35; and Akira Hanna, 24.

The accused and others at large are facing charges bordering on stealing.

The Prosecutor, Insp. Taiwo Adegoke told the court that the accused committed the offence between the months of May, June and July at Erin-Osun, Osogbo.

Adegoke said the accused conspired with others now at large to steal 1, 000 chickens owned by one Mrs Titilayo Akulo.

He said that Odebiyi and Ayoola, who are co-workers at Aluko Poultry Farm, conspired to steal 1, 000 chickens valued at about N1.5 million.

The prosecutor said the accused sold the chickens to the six other persons at the total sum of N1.2 million.

He said the offences contravened Sections 516, 390(9), 383(9) and 427 of the Criminal Code cap 34 Vol.11, Laws of Osun, 2003.

The accused, however, pleaded not guilty.

Counsel to the accused, Mrs. Bose Dada, prayed the court to grant her clients bail in the most liberal terms.

The Magistrate, Mr Olusola Aluko, granted the accused bail in the sum of N 100,000, with two sureties each in like sum.

Aluko said the sureties must reside within the court’s jurisdiction.

He adjourned the case to Nov. 25, for hearing.

NAN

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An Abuja High Court on Wednesday adjourned retired Col. Sambo Dasuki’s case till October 21 pending the outcome of the meeting of the counsel with the FCT Chief judge, Justice Ishaq Bello.

The former National Security Adviser to former President Goodluck Jonathan is standing trial with four others for alleged diversion of N13.6 billion

The others were; Shuaibu Salisu, a former Director of Finance, Office of the National Security Adviser; Aminu Baba-Kusa, a former NNPC Executive Director; Acacia Holding Limited, and Reliance Referral Hospital Limited.

The judge, Justice Hussein Baba-Yusuf, who adjourned the case after the prosecuting counsel, Mr Rotimi Jacobs (SAN), prayed the court to allow counsel in the matter to meet with the chief judge to approve for the files to be moved to Baba-Yusuf’s court.

At the last two sittings, Mr Joseph Daudu (SAN), counsel to Dauski, had prayed the court to consolidate the cases against his client.

The cases were pending before Baba-Yusuf and Justice Peter Affen.

Daudu sought for an order directing the prosecution to amend charge No FCT/HC/CR/43/ 2015 pending before Baba-Yusuf, to include the counts in suit No FCT/HC/CR/43/2015, before Affen.

He said that his prayer was pursuant to sections 6(6)(a), 35(5) and (9) of the 1999 Constitution as amended, and sections 1(1), 208, 396(3), 401 and 492(3) of the Administration of Criminal Justice Act, 2015.

At the resumed hearing, Jacobs had prayed the court to allow counsel in the matter to meet with Justice Bello to approve the movement of the files to Baba-Yusuf’s court.

He said that it would enable the matter to go on faster, instead of entertaining the application for consolidation which might need some time amendments and allow for waste of time.

Baba-Yusuf stood the matter down to enable the counsel consult after which they agreed to meet with the chief judge for his approval.

At the last sitting on the sister matter before Justice Affen, Daudu had prayed the court to wait for the outcome of the one before Baba-Yusuf this Wednesday.

Affen had adjourned till Oct. 21 for commencement of trial.

NAN

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An Ikeja Magistrates’ Court in Lagos on Wednesday remanded, at the Kirikiri Prisons, Apapa, one Idris Abu, who confessed to sexually abusing his two-year-old daughter.

The Magistrate, Mr T. A. Elias remanded Abu, 43, after he pleaded guilty.

Elias adjourned the case till Oct. 19 for presentation of the facts of the case and sentencing.

Abu, a resident of Agege, Lagos, was arraigned over indecent treatment of a child.

The prosecutor, Sgt. Rachael Donny, had told the court that the accused inserted his finger on his daughter’s private part on July 29 at his residence.

“The accused always inserted one of his figures into his baby’s private part, ignoring her cries.”

Donny said that the mother of the child noticed that the baby always complained that she felt pains on her private part.

The prosecutor said that the accused had earlier directed his wife to be sleeping in their parlour.

Donny submitted that the accused told his wife that he wanted to be sharing their bedroom with only the child.

He said, “The baby used to cry in the middle of the night; whenever the mother rushed to the room she caught her husband naked with their daughter, with his manhood erected while he was dipping his finger in her vagina.”

According to the prosecutor, whenever the woman confronted the accused, he threatened her with divorce.

He noted that the offence contravened Section 135 of the Criminal Law of Lagos State, 2011.

The section provides for seven years imprisonment on conviction.

(NAN)

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The ECOWAS Community Court of Justice has adjourned Nnamdi Kanu’s alleged fundamental human rights breach case against the Federal Government till Nov. 8.

The presiding judge, Justice Micah Wright, adjourned the case on Wednesday for definite hearing following an application by the defendant.

Wright, however, declined the request for cost by the applicant.

The Federal Government, who was absent, had written to the court to adjourn the case because the case conflicting case in another court.

But , Counsel to the plaintiff, Ifeanyi Ejiofor, opposed the application for adjournment and requested for a cost of one million naira.

The Director of Radio Biafra and Leader of Indigenous People of Biafra had sued the Federal Government for alleged illegal detention.

Joined in the suit were the Attorney-General of the Federation and Minister of Justice and Director-General of Department of State Service.

Kanu, in the suit, is asking for a compensation of 800 million dollars for the violation of his human rights and an order directing his unconditional release and that of his personal belongings.

He also urged the court to direct the defendants to respect, protect and promote his rights to life, liberty, freedom of movement, assembly and expression.

The plaintiff prayed the court to declare that his arrest and detention since Oct. 14, 2015 by the defendant was in flagrant disobedience to several orders of courts of competent jurisdiction.

He also prayed the court to declare that his continued detention was a violation of the African Charter on Human and Peoples’ Rights, the Universal Declaration of Human Rights the United Nations Charter of 1970.

NAN

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The police on Wednesday arraigned a 27-year-old man, Idowu Izebokhale, in an Iyaganku Chief Magistrates’ Court for alleged dressing as a woman in public.

Izebokhale, a hairdresser of Omiyale Railway Quarters, Ibadan, was in court for alleged acting and dressing as ladies in public place.

The Prosecutor, Sgt. Salewa Hammed, told the court that Izebokhale on Sept. 23 at about 2 a.m. at Molete Area, Ibadan, acted indecently in public by wearing ladies clothes and apparels.

Hammed said Izebokhale was seen in public place at the middle of the night wearing brazier, wig, earrings and dressed as a lady waiting for who would pick him.

He said the offence contravened Section 231 (1) of the Criminal Code Cap 38, Vol.II, Laws of Oyo state 2000, which on conviction attracts two years imprisonment.

The accused pleaded not guilty to the charge.

The Chief Magistrate, Mrs. Abiona Richard, granted bail to the accused in the sum of N150, 000 with one surety in like sum.

Richard said the surety must be a blood-relation with tax clearance, and adjourned the case till Dec. 19 for hearing.

(NAN)
SA

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Ramon Oladimeji

Nigerian mediators have said lawyers are indispensable in the mission to advance or popularise the Alternative Dispute Resolution mechanisms among Nigerian litigants.

They have, therefore, called on lawyers not to see ADR as a threat to litigation, which is the core of the legal practice, but to always encourage their clients to first consider or explore ADR to resolve their business disputes before resorting to litigation.

This call was made last Thursday by mediators who converged on the Lagos Court of Arbitration for a conference on the use of ADR to resolve disputes in the entertainment industry.

The two-day conference was organised by the LCA in collaboration with the World Intellectual Property Organisation Arbitration and Mediation Centre, Geneva, Switzerland with the support of the JAMS Foundation.

A lawyer, Mrs. Shola Oshodi-John, in her presentation on ‘Understanding the Mediation Process,’ used a diagram, which suggested that lawyers were opposed to ADR.

Reacting to the diagram, a Lagos-based lawyer, Mr. M.M.A. Sanni, said there was the need to find a way to make lawyers support ADR, adding that the level of awareness of ADR among Nigerian litigants was still very low.

Responding, a United Kingdom-based Nigerian lawyer, Mr. Ike Ehiribe, said there might be a need for Nigeria to adopt the system in the UK where the failure of lawyers to tell their clients about the availability of ADR before litigation was treated as a professional misconduct.

Ehiribe said, “In the jurisdiction where I practise, which is the United Kingdom, it is a professional misconduct matter for a solicitor not to advise his or her client about the availability of ADR. So, at first, any solicitor advising a party must record that he has advised the client that he has the option of exploring ADR or mediation first and if that solicitor fails to do it, his practice is on the line. I’m just saying that it is something to also consider. We can call lawyers all sorts of names but unless we take the concern raised to the regulatory bodies, nothing will happen.”

The Legal Officer of WIPO Arbitration and Mediation Centre, Mr. Leandro Toscano, said Nigeria might consider adopting the system in other jurisdictions where a client who insisted on litigation after being given the option of ADR would be made to pay more.

The Director of Training, Institute of Chartered Mediators and Conciliators, Mr. Martins Chidy, said mediators had not done enough to allay the fear of lawyers that ADR was not intended to remove food from their table.

He said the first step towards popularising ADR was to let lawyers understand that ADR was not an alternative to litigation but a complementary process.

Chidy said, “There are cases you don’t mediate; there are cases that are the exclusive preserve of the court. And the mediation, arbitration or whatever name we call it is not there to take over from the court.”

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Aileru Olayinka

For the umpteenth time, Amnesty International, the global watchdog keeping track of compliance with respect for human rights by government agencies and institutions across the world, has issued a damning verdict against the Nigeria Police Force. This time round, the indictment was handed down to the Special Anti-Robbery Squad of the Nigeria Police Force –  a special outfit responsible for tracking down robbery suspects and investigating armed robbery and related violent criminalities.

According to the report recently published by AI, SARS routinely rounds up criminal suspects and torture them to extort confessions or bribes from them. In certain cases, SARS was accused of carrying out mock and sometimes real extrajudicial executions of suspects in their custody.

But the Inspector-General of Police, Ibrahim Idris, has come out to denounce the report as mere fabrication and falsehood. In an interesting twist, however, the IGP on the following day of the report by Amnesty International had a meeting with SARS commanders in Abuja where he issued serious warning to them on their conducts and also admonished them to work towards correcting the impressions people had of them.

Coincidentally, a day after the warning from the IGP, there were newspaper reports of SARS operatives shooting to death an undergraduate along LASU-Igando road in Lagos. The reports said the student was hit by a stray bullet fired by a Lagos State SARS operative while pursuing a fleeing suspected Internet fraudster.

All these incidents have again brought to the fore the fundamental issue of professionalism of security agencies in Nigeria, in particular the Nigeria Police; the importance attached to the sanctity of human life and dignity of human person, as well as a probe of the legal machinery, protecting the rights of citizens in the police custody.

 Regardless of the denouncement by the IGP of Amnesty International’s report, the report merely confirms what many Nigerians already know. And the shooting of the innocent student few days after the release of the report clearly showed that the IGP would need to do more than mere denouncements, or issuing threats to his officers.

The bravest of men will definitely cringe with fear upon seeing some of these SARS operatives on the road. From their dressing to the often careless manner in which they handle their weapons which consist mostly of assault rifles, one sometimes find it difficult to make a difference between some of these security operatives and criminals who regularly terrorise the citizenry. On many occasions during my visit to the numerous police formations across Lagos State, I often wonder how a police squad that is supposed to be an elite police unit function in such manner and environment in which the SARS personnel operate. In most cases, many of these operatives don’t have offices but operate from makeshift sheds at the police formations, and you see them in their numbers loitering around in their unkempt uniforms with their big guns hanging precariously on their body.

Most worrisome, however, is the manner in which the police and by extension SARS operatives treat suspects when they are arrested. In most cases, suspects are not informed of their rights upon arrests, and they most likely would have been forced to write a statement before they are allowed to consult their lawyers and other family members.

Incidents of torture and forced confessions are rampant and widespread notwithstanding the various laws that accord the right to civil treatments to criminal suspects. In most of the cases that ended up in prosecution of criminal suspects, it is not uncommon to see instances where accused persons denounce and deny their confessional statements on the grounds that they were coerced into writing same, or forced to sign after it was written for them by their police captors.

Curiously enough, an examination of our statute books will reveal that there is plethora of safeguards to protect criminal suspects and accused persons from such abuses by security agencies. The 1999 Constitution in Section 34 essentially guarantees the right to dignity of human person which incidentally protects citizens from torture and other forms of inhuman and degrading treatment. The right to dignity of human person which protects accused persons from torture is so sacrosanct that, unlike other fundamental human rights guaranteed by the Constitution which can be derogated from on the grounds of public order, safety and morality, the right to dignity of human person guaranteed by Section 35 of the Constitution permits of no derogation. The implication flowing from this is that security agencies have the obligation at all times to respect and protect the dignity of Nigerian citizens and to deal with them with all utmost sense of civility and professionalism.

As a way of providing additional safeguards against the use of torture and intimidation as a weapon of coercion against criminal suspects, there are criminal procedure laws which provide additional safeguards to protect suspects. The Lagos State Administration of Criminal Justice Law 2011 is commendable in this regard. The law, in Section 9(3), expressly provides that confessional statements are only to be taken by security agents in circumstances where there is a video recording of when and how the suspect writes the statement, or in the presence of a lawyer representing the criminal suspect. Section 17 of the Administration of Criminal Justice Act 2015 contains similar provision with the omission of video recording. These provisions have evidentiary implications when a criminal case eventually goes to trial. Its essence is to ensure that confessional statements are voluntarily made and not forced out of suspects. In addition to this law, the Evidence Act 2011 is replete with safeguards to ensure that confessional statements which are coerced and made in an atmosphere of intimidation are not admissible in criminal prosecutions.

So far there has been no effort to ensure compliance with these important provisions of the law. I do not know of any police formation in Lagos State that can boast of a video recording facility in its interrogation room, if there is any such room at all. One wonders the rationale behind making such provisions in the law when there will be no genuine effort to ensure mandatory compliance. What is most worrisome, however, is the manner in which the courts treat issues of non-compliance with the provisions of the law on interrogation of suspects. In a criminal proceeding which I was opportune to observe before the Lagos State High Court, the issue of non-compliance with Section 9 was raised as grounds upon which the court was urged to reject a confessional statement. Shockingly, the presiding judge held that the rules of common law, particularly the “Judges Rules,” did not contain such mandatory provisions, and as such the argument of the lawyer to the defendant was rejected.

It is humbly and respectfully submitted, that this manner of interpretation of the law does no justice to our legal system, and indeed constitute a stifling of the development of our jurisprudence. Indeed, one can safely come to the conclusion that such manner of interpretation is erroneous, bearing in mind the legal principle that once a statute has intervened in an area of the law where common law hitherto applied, recourse is to be had to the statute, and to the statute alone (Harka Air Services Ltd v Keazor (2011) 13 NWLR Pt 1264 p320 @344). The provision of Section 9 of the Lagos State Administration of Criminal Justice Law is a novel introduction that was enacted to achieve a purpose in criminal investigation and proceedings. The judges cannot continue to apply the common law slavishly without taking cognizance of the prevalence of torture, intimidation and forced confessions in police cells – a malady which the law seeks to correct.

If anything at all, the interpretation of Section 9, in line with common law principles, will render futile the efforts of the legislature in enacting the law. Also, it will further encourage security operatives to continue with their illegality of torturing suspects. The judiciary needs to be alive to its responsibilities at all times by ensuring that the rights of citizens are not trampled upon with continued impunity, especially bearing in mind the nature of our society where the culture of high-handedness by security agents is the norm rather than the exception. We shouldn’t wait until the family member of a senator or a governor is mistakenly tortured or executed in a police facility before proper effect is given to the law.

Above all, there is an urgent need for the police top hierarchy with the collaboration of the Ministry of Justice to retool and rejig the training of the police in the acts of investigation, intelligence gathering and interrogation. The work of policing has moved beyond the stage of extracting confession by force and using same as a basis for criminal prosecution. A simple survey at the law courts will reveal that majority of criminal prosecutions are still conducted on the basis of confessional statements of accused persons. The sane world has long moved beyond the stage of trial and interrogation by ordeal. Security agents need to be efficiently trained on civil behaviour and respect for the rights of citizens whom they are employed to serve and protect. The Lagos State Government should also go a step further by making it a duty to invest in installation of video recording facility in the various police formations across the state. If this is done, the police will have no excuse for not using the device while interrogating suspects.

We cannot continue to pride ourselves as a constitutional democracy anchored on the rule of law when the respect for the rights of citizens is still considered the exclusive preserve of a privileged few.

• Olayinka, a legal practitioner, writes from Lagos

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Ramon oladimeji

The Chief Medical Director, Federal Neuropsychiatric Hospital, Aro, Abeokuta, Ogun State, Dr. Adegboyega Ogunlesi, has called for a review of the law which criminalises and prescribes one year imprisonment for anyone who attempts to commit suicide.

Ogunlesi, who argued that attempted suicide is more of a medical case than a criminal case, said it was unjust to punish someone who attempted to take his life, while there was no punishment for those who succeed in the act.

The medical doctor, who observed that attempted suicide was usually precipitated by depression and hopelessness, argued that what those who attempt to commit suicide needed was medical help rather than charging them to court.

Ogunlesi said this on Wednesday at the Lagos State Judiciary stakeholders submit on “Mental Health and Issues of the Law,” where he delivered a paper entitled, “Crime, the judiciary and issues surrounding plea of insanity.”

The doctor said, “Attempted suicide remains criminalised by virtue of Section 327 of the Criminal Code and the hapless victim risks imprisonment for one year. However, evidence abounds that a significant number of those who make an attempt to terminate their lives may have a wide range of psychological, personality and social pathologies that push them to the cliff of mental disequilibrium, such that they resort to such a seeming absurdity. For some of these, the attempt on their lives is a cry for help or attempt by their disturbed minds to draw attention to their distress, a reflection of poor coping strategies and a manifestation of impulsive personality traits.

“The law, as it stands, exists to penalise the hapless ones who fail to complete their mission, while the successful ones – with greater liability – who are now beyond the reach of the same law are exempted from punishment. This is illogical, and injustice per excellence.”

The doctor said the law which prescribed punishment for attempted murder might serve as an encouragement for depressed people to be more desperate to complete the act, since there was no punishment for suicide itself.

He called on the government to borrow a leaf from other countries that had abolished the law criminalising attempted suicide.

He said, “What sense does it make, for example, sentencing to prison an accused who, in a bout of depression, makes an attempt to terminate his life as a consequence of his hopelessness and depressive gloom, but fails to succeed in his mission? Criminalising it may encourage those who attempt suicide to be more desperate, discourage voluntary reporting, thus rendering our official suicide statistics unreliable.

“In other psychologically sophisticated jurisdictions, attempted suicide has been de-criminalised. Within Africa, attempted suicide is no longer criminalised in Angola, Botswana, Cameroon, Egypt, Eritrea, South Africa, Zambia, and Zimbabwe. In such countries, attitudes have shifted from viewing suicide attempt dominantly from the viewpoint of religion to a more compassionate and medical view.”

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Ade Adesomoju, Abuja

THE Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), on Tuesday set agenda for the newly-inaugurated 23-member Committee on Constitution and Electoral Reform.

 Malami inaugurated the committee, led by a former Senate President, Ken Nnamani, in Abuja on Tuesday.

The minister, who gave the committee 10 weeks to submit its report, urged the members to consult far and wide, particularly with the judiciary and the National Assembly, and come up with a draft executive bill for the implementation of their recommendations.

The minister said the setting up of the committee was in fulfillment of President Muhammadu Buhari’s promise in his inaugural speech on May 29, 2015 to deepen the country’s democracy and entrench enduring electoral system.

Echoing the submission of the Chief Justice of Nigeria, Justice Mahmud Mohammed, at a recent event, the minister lamented the damage done to some time-honoured judicial principles by “overwhelming number of conflicting judgments on election matters.”

Other concerns of the minister, which he asked the committee to address, included political parties’ internal democracy structures, use of illicit funds in elections as well as  the need to scale up public confidence in the nation’s electoral system and establish an electoral offences tribunal for the prosecution of electoral offenders.

Malami said, “The issues of internal party democracy structures and the need to prevent the use of illicit funds in the electoral process as well as the establishment of an electoral offences tribunal for the prosecution of electoral offences as deterrent to electoral misbehavior and brigandage are pertinent, if we must evolve globally acceptable electoral system.

“A situation where electoral officials are killed or kidnapped or where politicians make the environment for elections a war therefore forcing the electoral body to seek extra security measures to protect their officials are issues that require serious introspection and bold legal, legislative and institutional action.”

The special electoral offences tribunal was recommended by the Justice Muhammadu Uwais-led Electoral Reform Committee in 2008.

The recommendations of the Uwais committee were not implemented.

Malami urged the committee, as part of its terms of reference, to “review the extent of implementation of the recommendations of the 2008 Electoral Reform Committee headed by Justice Muhammadu Uwais (the Uwais Report) and advise on outstanding issues for implementation.”

He urged the committee “to identify areas of the Constitution impacting on the conduct of the elections that need reform and to recommend the best approach to effective prosecution of electoral offences.”

In his reaction, Nnamani lamented the situation where the mandate of the people were no longer determined by the ballot but by judicial decisions.

He expressed confidence that President Buhari had the needed political will to implement the recommendations the new committee would bring up.

He said his committee would seek to put in place measures to put a stop to inconclusiveness that had characterised some recent elections.

Members of the committee include Mr. Oluwole Osaze-Uzzi, Mrs. O.O. Babalola, Mr. Duruaku Chima, Mr. H. A. Tahir, Mr. Ike Udunni, Mr. S. O. Ibrahim, representative of the Nigeria Civil Society Situation Room, Esther Uzoma; Dr. Muiz Banire (SAN), and Mr. Eze Philip.

Others are the Coordinator, Coalition of Nigeria’s Progressive Political Parties, Bashir Ibrahim; Chairperson, Transition Monitoring Group, Mrs. Abiola Akiyode-Afolabi; Mr. Utum Eteng, Mr. Ejike Eze and Dr. Maman Lawal of the Faculty of Law, Bayero University.

 The rest are Mr. A. Ude, Executive Director, Women in Politics, Mrs. E. Ifendu, Dr. Francis Bullen; Mr. Anike Nwoga, Mrs. Cecilia Adams and M. C. Jude.

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The Federal High Court, Abuja, on Thursday ordered the Asset Management Corporation of Nigeria to pay Capital Oil and Gas Industry Limited N26.5 billion as contained in a consent judgement delivered in 2013.

Justice Abdul Kafarati, in his judgment, held that the court had powers to enforce its judgment or that of any lower courts in the country.

He said, “An order is granted for AMCON to provide Trade Finance Facility in the sum of N16 billion for revamping of the plaintiff’s business and to pay the plaintiff’s trade creditors.

“I also grant an order compelling the defendant to comply with the consent judgement and to make the additional sum of N10.5 billion available to the plaintiff.

“This money is the payment of sundry creditors who continue to threaten the plaintiff’s business.”

Kafarati also restrained AMCON from exercising any powers over Capital Oil and Gas Limited and its assets.

These include attempts at processing any assignment or transferring same on behalf of the company.

A Federal High Court in Lagos on May 6 struck out the suit brought by AMCON against Capital Oil and Gas Industries Limited on these issues.

The court held that the suit was premature and could circumvent pending suits relating to the alleged indebtedness of Capital Oil and Gas Limited.

The plaintiff (Capital Oil and Gas Industry Limited) had approached the court to decide whether having regards to the consent judgement, AMCON was not under obligation to restructure its debt.

The plaintiff also asked the court to decide whether the actions of the defendant and agreements reached by parties since the consent judgement did not constitute a waiver of the requirement for compliance.

The court was also asked to decide whether the defendant was not wrong to have failed to restructure the plaintiff’s debt.

The plaintiff further sought the determination of the court whether if the defendant did not by its action fail to avail it trade facility in the sum of N16 billion to pay its trade creditor.

Reacting to the judgement, Mr Ajibola Oluyede, counsel to the plaintiff, described it as a landmark decision.

He,therefore, urged the defendant to accept the judgement, adding that such step would encourage growth of private businesses in the country.

NAN

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