Thursday, 2 May 2013

up0402213-Mustapha-Umar.jpg - up0402213-Mustapha-Umar.jpgBomber: I Went to Destroy THISDAY on Revenge Mission.  
By Tobi Soniyi 
Umar Mustapha, charged with  the bombing of SOJ Plaza in Kaduna occupied by THISDAY, The Moment and Sun Newspapers said he did so out of vengeance.
Umar who also threatened that the first witness would be killed  for daring to testify against him was said to have told police investigator that he went to destroy  THISDAY newspapers on a revenge mission.
The prosecution called two witnesses  Tuesday. They were police officials. They wore mask to conceal their identity, in view of the court's decision to protect their identity.
The first of the witnesses, a female police officer, said she served at the State Criminal Investigation Department, Kaduna during the incident...READ MORE

                                                                                                                                                                 

Leadership Journalists Plead Not Guilty to Treason Charges, Admitted to Bail.   By Tobi Soniyi

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After two unsuccessful attempts, the federal government Tuesday finally arraigned two journalists with Leadership Newspapers,  Tony Amokeodo and Chibuzor Ukaibe, before a Federal High Court on a six-count charge  of felony and conspiracy against the Federal Republic of Nigeria.
Amokeodo, the Group News Editor of the Abuja-based media outfit, and Ukaibe, its political reporter, were arraigned along with Leadership Group Ltd, which was represented by a Group Executive Director of the company, Dr. Mike Okpere.
They pleaded not guilty to the charges filed against them by the office of the Attorney General of the Federation (AGF) and Minister of Justice...READ MORE

                                                                                                                                    

Okada rider to die by hanging for robbery

A Delta State High Court sitting in Ethiope East Local Government Area of the state yesterday sentenced a 25-year-old man, Etenuwoma Oghenero to death by hanging for armed robbery. The convict, Oghenero, a commercial motorcycle operator had earlier been found guilty on the two-count charge of conspiracy to commit armed robbery and armed robbery preferred against him...READ MORE

                                                                                                                                    

Human Rights Watch: Satellite Images Show Army Abuse in Baga. By Michael Olugbode

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The controversy over the destruction and death left in the trail of the April 16 clash between multinational troops and Boko Haram insurgents in Baga, a border town in Borno State, raged on Wednesday with fresh information supplied by the Human Rights Watch (HRW).
HRW, in a report released in Johannesburg, South Africa, said its investigations showed that 183 people were killed, contrary to the claims by the military, which also investigated the incident and has maintained that 36 persons plus one soldier died in the battle...READ MORE

                                                                                                                                   

Police arraign suspected killers of NNPC staff

THE Police have arraigned 10 persons before Justice Mohammed Idris of a Federal High Court in Lagos over allegations of pipeline vandalism and murder.
The accused are Jigo Jiperende 31; Timi Koro 29; Johnbosco Igbhofose 26, and Peter Opidi 28. Others are Joel Inerepamu 25; Reuben Oluwole 60; John Isaiah 28; Ineye Okposa 40; Timi Gunugunu, 22 and Olisa Saheed, 25.
They are standing trial on a seven-count charge bordering on the alleged offence. They all pleaded not guilty to the charge. Earlier, six others had been arraigned on the same offence and their plea taken.,, READ MORE

Monday, 29 April 2013

NEWS

MAN CHARGED FOR STEALING N3.4M PETROLEUM PRODUCT.

Lagos — A man, Kunle Oyediran, was, Tuesday, arraigned before a Lagos Magistrate Court, sitting in Ikeja, for allegedly receiving stolen petroleum motor spirit, PMS, worth N3.4million, belonging to one Okonkwo Amenike.
Oyediran, 35, is facing a count charge of stealing preferred on him by the police...READ MORE

                                                                                                                                

COURT ORDERS FASHOLA TO PAY EX-DEPUTY GOVERNOR, OJIKUTU, PENSION

Sinatu-Ojikutu-1709.jpg-Sinatu-Ojikutu-1709.jpgA Lagos High Court has ordered the Lagos State Government to pay retirement benefits and pension to a former Deputy Governor of Lagos State, Mrs. Sinatu Ojikutu.
Ojikutu had in her suit prayed the court for an order compelling the state governor, Mr. Babatunde Fashola (SAN), to pay her pension and other benefits as provided for under the public office holder (payment of pension) Law No 11 official gazette of Lagos state, 2007...READ MORE

                                                                                           

TWO SENT TO PRISON OVER ROBBERY

LAGOS— A 29-year-old-man, Kunle Alagbala, Olusegun Oyelakin and others now at large were, Monday, remanded in prison custody by Magistrate Oshodi Makanju, of an Ikeja Magistrate Court for being in possession of a gun with which they robbed...READ MORE

                                                                                           

COURT REMANDS 18 YEARS OLD, 13 OTHERS OVER ROBBERY

AKURE—A teenager, Kazeem Adedun, was among the 14 persons ordered to be remanded in Olokuta Prison for armed robbery by an Akure Chief Magistrate Court, weekend. Three others were ordered to be remanded in police custody by the Chief Magistrates, Mrs Funke Adegoroye and Johnson Adelegan, following their arraignment in two separate courts in Akure for armed robbery cases...READ MORE

                                                                                           

COURT HEARS AL-MUSTAPHA, SHOFOLAHAN'S APPEAL ON MONDAY

Al-Mustapha
MONDAY, the Court of Appeal, Lagos Division, will hear the appeal filed by Major Hamzat Al-Mustapha, the former Chief Security Officer (CSO) to the late Head of State, Gen. Sani Abacha, and Lateef Shofolahan, an aide to the late business mogul, Chief MKO Abiola, over a death sentence passed on them by a Lagos High Court...R

ARTICLES

FORMING YOUR  OWN COMPANY IN NIGERIA 

By 
Adebayo Adekola 
LL.B, BL, ASM, ACIS.

Under the Nigeria Corporate Legal System, it takes two or more but not more than 50 legally qualified persons to come together to form and bring (incorporate) a private company into existence in anywhere in Nigeria while there is no limit for a public company with the aim or object or purpose of carrying on a legal business.-Section 27(1), Section 39(1) of CAMA. However, a company may Ultra vire its object. - Section 39(2)-(4) ofCAMA.  The law regulating the formation and running of a company in Nigeria; Companies and Allied Matters Act (CAMA) NO.1 1990 under it relevant section: Section 18 Companies and Allied Matters Act recognizes and stipulates the type of company that can be formed...READ MORE

                                                                                                                                                            

MEANING OF CREDIBLE EVIDENCE

By 
Adebayo Adekola 
LL.B, BL, ASM, ACIS.

Evidence is a requirement by the court in reaching its decision on a matter brought before it. The judge must proceed to consider the Evidence, contradictions and factors leading to the doubt on the credibility of the evidence.
Credible evidence was said to mean evidence worthy of belief and credit, it must not only proceed from credible sense it must be credible in itself in the sense that it should be natural reasonable and probable in view of the entire circumstances.
Finally, there is no doubt and this is also settled firstly, that the trial of any claim, does not depend on the number of witnesses except where the law requires more than one witness when the claim will fail, without the specified number of witnesses. SEE ALFRED USIOBAIFO 7 ANOR V. CHRISTOPHER USIOBAIFO & ANOR (2005) 3 NWLR (PT. 913) 665, (2005) 1 SCM 193. It is the probative value of the evidence that is the guiding principle. Thus, a court can act on the evidence of one single witness. But there is a proviso or rider and that is, if the witness can be believed given all the surroundings circumstance of the case. In other words, a single credible witness, can establish a case beyond reasonable doubt, unless, where the law for instance, required corroboration. The evidence of one witness, accepted and believed by the court, is sufficient to justify say, a conviction in the case of a criminal case or a finding for one of the parties, in civil litigation

                                                                                                                                                           

DEFENSE OF INSANITY- NON-DIRECTION AND MISDIRECTION BY TRIAL JUDGE ON THE EVIDENCE OF INSANITY

By
Adebayo Adekola
LL.B, BL, ASM, ACIS 

When an accused is arranged before a competent court of law, the accused has some rights, likewise defenses readily available to relieve him of criminal responsibility under the law. Such defenses are defense of alibi, lapses, insanity etc. However, as readily available as these Defenses are, the onus of establishing the existence of these Defenses is on the accused person. Although, these Defenses have their own established principles governing their prove before the law court, Insanity as a defense has been given a special treatment under the Nigeria legislation i.e Criminal Code, Administration of Criminal Justice Law of Lagos State, etc and the law courts have devotedly upheld the sacred defense of insanity without any dilution of the guiding principles of establishing same...READ MORE

                                                                                                                                                              

CASE DISCLOSES A REASONABLE CAUSE OF ACTION.  

By 
Adebayo Adekola
LL.B, BL, ASM, ACIS 

When a dispute arises and the aggrieved person intends seeking remedy from the court of law, one of the first duties of a counsel is to determine whether the facts brought by such plaintiff against the defendant discloses a cause of action recognizable in law and enforceable against the defendant in favour of the plaintiff. A Counsel must carefully look at the fact presented to him by the client. Where some facts or all the facts the claimant would be relying upon are available to him, he must carefully scrutinize same to see the cause of action available to the client because it is not in all occasions do clients tell the whole truth about the suit in question brought before the counsel. This also applies to the counsel representing a defendant in a suit. He must consider the case of the claimant to see if it discloses any cause of action...READ MORE 

                                                                                                                                                    

INTERLOCUTORY INJUNCTION: PRINCIPLE GUIDING GRANT OF SAME.

By 
Adebayo Adekola
LL.B, BL, ASM, ACIS 

 Injunctions are court orders commanding or preventing, made by the court for the maintenance of the status quo between the parties pending a certain date or pending the final determination of the suit. Application seeking for the grant of an injunction can be made by any of the parties at any time during the trial and before judgment. Injunctions cannot be sought or granted before the filing of the originating process in the suit. Such application for injunction can only be filed together with the originating process: ORDER 39 RULE 8 (LAGOS HIGH COURT CIVIL PROCEDURE RULES) AND ORDER 31 RULE 1 (3) (ABUJA HIGH COURT CIVIL PROCEDURE RULES)...READ MORE