NEWS

Bomber: 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.
In her evidence, she said that as the  Investigating Police Officer, she took the statement of the accused person.

She said that Mustapha confessed to have committed the act.
In her words: "My Lord, the accused person told me in Hausa that he attempted to blow up the entire THISDAY office as a revenge mission."

She told the court that the accused person told her that he took the explosive to where THISDAY office was located because he wanted to revenge against the newspaper.
At the point when the prosecution moved to tender the statement in evidence, the defence counsel, Mr. Sulaiman Nureni opposed on the grounds that the accused, who spoke in Hausa, denied making the statement.

Sulaiman told the court that his client said he was unconscious through out his stay in the police clinic where he was said to have made the statement.
He urged the court not to admit it.
However, Justice Adeniyi, in a bench ruling, admitted the statement on the grounds that it was relevant to the case.

The second prosecution witness, a male Chief Superintendent of Police, said he also served at the State Criminal Investigation Department at the time of the incident.
He told the court how he, with the aid of some escorts, conveyed the accused person to the Federal Special Anti-Robbery Squad (SARS), Abuja.

Also at the resumed trial, prosecution counsel, Shuaibu  Labaran, told the court that the accused person made pronouncement of death on the life of the first prosecution witness during proceedings on Monday.

He alleged that: "Many have heard the accused person say in Hausa Language that the witness shall be killed for testifying against him.
"My Lord, I thought you heard him because it was not long that you directed that the witnesses be made not to enter the court through the axis where the accused was docked."
Counsel to the accused, Sulaiman Nureni, interjected and denied that such a threat ever came from his client.

When asked, the Hausa interpreter in the case, (name with held) confirmed the threat.
The interpreter said the accused person wished death for the first witness for lying against him while giving evidence.
The trial judge, Justice Adeniyi Ademola, consequently warned the suspect  to desist from further verbal threat in the court.

Umaru is standing trial on a one-count charge under the Terrorist Prevention Act 2011 slammed on him by the police.
The judge said:  "The allegation of threat to the life of a witness made by the accused person is taken seriously.

"I believed the accused person has said those things but I want to warn you to desist from that because a threat on witnesses is a threat against all of us and against the court.
"It is therefore incumbent on the defence counsel, Mr. Suleiman Nurunei, and his team to ensure that the accused person is well behaved.

"There shall be no repeat of such thing as it will not be tolerated."
The star witness in the trial which was shielded from members of the public, except journalists, wearing a mask, identified the accused person as the man who bombed THISDAY premises on April 26, 2012 in Kaduna.

He said the accused person implanted 12 camp gas cylinders as improvised bombs connected with wires to the steering of the car he (Mustapha) used for the operation.

Another prosecution witness who testified explained that the police authority directed him to transfer the accused person to the Headquarters of the Special Anti-Robbery Squad (SARS) in Abuja.
According to him. "I was ordered by my superior officer to convey the accused person in Police Clinic Ambulance with full security escort which I led to Abuja on April 26 by 11:30 pm.
"I was told that he was a suspect rescued from the scene of bomb blast at Kontogora Road, Kaduna earlier in the day," he said.

After taking all the prosecution witnesses, the court adjourned till May 14 and 30, while June 4 and 5 were fixed for the accused person to open his defence. Leadership Newspapers

                                                                                                      

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

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.

Another accused person, Taiwo Ogunmola Omilani, was said  to be at large.
They were accused of conspiracy to commit felony by allegedly forging a document titled “Presidential Directive” with the seal of the office of the president and published same in the April 3 edition of the newspaper.

The offence was said to have contravened and punishable under section 516 of the Criminal Code Act Cap “C” 38 Laws of the Federation of Nigeria 2004.

The prosecutor, Chief  Adegboyega Awomolo (SAN),  said publishing the document, which purportedly emanated from the office of the president, was punishable under section 461 (1) (b) of the Criminal Code Act Cap “c” 38 Laws of the Federation of Nigeria 2004.

The accused persons were also alleged to have on April 3, conspired and fraudulently utter a false document titled “Presidential Directive” with the seal of the office of the president and published it to the prejudice of the president, thereby committing an offence punishable under section 468 of the Criminal Code Act Cap “C” 38.
However, the accused persons denied all the charges.

When their counsel, Mr. Femi Falana (SAN), applied for bail for his clients, which he implored the court to grant on liberal terms, the federal government did not object.
But Awomolo  asked the court to make the bail conditions stringent.

Arguing his case for the bail conditions to be on liberal terms,  Falana told the court that the accused persons have been attending the court on their own and from their houses since the trial commenced two weeks ago.

Justice Ademola Adeniyi admitted them to bail in the sum of N500,000 each and a surety each in the like sum.
The surety must however be a landed property owner in Abuja and must swear to affidavit of means.

The case has been adjourned until May 16 for trial.
Earlier, the judge had ruled that the accused persons did not need to be served with the statements of the witnesses before their plea could be taken by the court.

An attempt by  Falana  to stall the arraignment again was made when he orally challenged the jurisdiction of the court but Justice Adeniyi overruled him and asked him to come with formal application to that effect during the trial. Leadership Newspapers

                                                                                                     

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

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.

The organisation, which cited a community leader as its source, also said its analysis of satellite images of Baga, before and after the clash, showed that 2,275 buildings, majority of which were likely residences, were razed by fire with another 125 severely damaged.

Its report was released on the day Borno State Governor, Alhaji Kashim Shettima, lamented that the federal government, other states and organisations have left the state government alone to bear the financial burden of the insecurity in the state.

HRW, in its report, called on the federal government to thoroughly and impartially investigate allegations that soldiers carried out widespread destruction and killing in Baga and urged the International Criminal Court (ICC) to probe the incident.

Already, the National Human Rights Commission (NHRC) has signified its intention to probe the incident, an act which President Goodluck Jonathan expressed support for on Tuesday while receiving preliminary reports on the Baga killings from the Defence Headquarters and the National Emergency Management Agency (NEMA).

In its report, HRW said Baga residents told the group that soldiers ransacked the town after the Boko Haram militants attacked a military patrol, killing a soldier.

“Community leaders said immediately after the attack, they counted 2,000 burned homes and 183 bodies. Satellite images of the town analysed by Human Rights Watch corroborate these accounts and identify 2,275 destroyed buildings, the vast majority likely residences, with another 125 severely damaged,” it said.

Since the attack, the military has restricted journalists’ access to Baga, a remote fishing community on the shores of Lake Chad, which is far away from Maiduguri, the state capital.

“The group interviewed seven residents of Baga who fled the town on the night of the devastation. Many survivors spent several nights hiding in the bush and expressed fear in describing what they saw, fearing military retaliation.

“Residents recalled hearing some explosions as well as gunfire on the night of the attack. Many fled the town. One resident, a 42-year-old-fisherman, told Human Rights Watch that while he was fleeing, he saw two men in civilian clothes, whom he assumed were Boko Haram members because they were not in uniform, running while firing assault rifles.

“Residents said as they were fleeing the heavy gunfire, they saw bodies in the streets and in front of houses.

Some residents said they saw soldiers in uniform kill residents and burn houses.
“A 27-year-old woman, who stayed in her house after the gunfire erupted, described to Human Rights Watch how soldiers went from door-to-door looking for any man that remained in her neighbourhood.
“She said: ‘I saw the soldiers drag a man out of another house. They started beating him with their guns. They were beating him severely and he was crying.
‘The man then ran, and I saw the soldiers shoot him. I heard the gunshots and saw him fall. On the other side of the road, the soldiers were beating other people.’
“Another resident, a 32-year-old fisherman, believed that soldiers killed his uncle, whose bad leg kept him from fleeing the town. He discovered his uncle’s badly beaten body after the attack.
“He said: ‘We had heard the soldiers say before (the attack) that since you people are not cooperating with us and are hiding your brothers, we will treat you as one of them. I heard the soldiers say this. Everyone heard them say this. They were saying this in the open’,” the fisherman was quoted by HRW as stating in the report.

However, the group’s report acknowledged the conflicting accounts as to how many people were killed in the attack, adding that a community leader whom it claimed participated in the burial of victims told the group that 183 people were buried on April 18 in individual graves in two cemeteries and other victims were also later buried.

HRW also quoted the Multinational Joint Task Force (MNJTF) Commander, Brig-Gen. Austin Edokpayi’s account that only 37 people, comprising 30 Boko Haram members, one soldier and six civilians died.

The group, however, said its investigation did not show how the fires were started as none of the residents it interviewed saw how the fires started on the night of April 16.

It quoted two residents who returned to the town on April 17 as saying that they saw soldiers in military vehicles setting fire to houses.
“I saw a group of soldiers throw explosive devices into houses,” one of the residents, a farmer, recalled to HRW.
“They would throw (the explosive) and then fire would come out of it. I saw them do this to about 10 houses,” the report stated.
The report explained that satellite images analysed by HRW showed that the damaged structures were likely caused by intense and widespread fires.

“Additional satellite data detected the presence of active fires in the southern part of the town on the night of April 16 and during the day of April 17, consistent with witness accounts and the location of identified building damage.

“Because of the number of buildings destroyed by fire as well as their distribution across large sections of the town, Human Rights Watch believes that such fires were intentionally set and not inadvertently sparked by the detonation of rocket-propelled grenades or improvised explosive devices.

“Such weapons could not ignite fires on such a wide scale, nor could they set fire to non-attached structures. Small arms and light weapons do not contain the amount of explosive or incendiary material to produce such scale of damage,” the report said.

Commenting on the report, Africa Director at HRW, Daniel Bekele, said: “The Nigerian military has a duty to protect itself and the population from Boko Haram attacks, but the evidence indicates that it engaged more in destruction than in protection.
“The glaring discrepancies between the facts on the ground and statements by senior military officials raise concerns that they tried to cover up military abuses.

“The destruction and killings by soldiers in Baga are serious human rights violations. The government needs to investigate and prosecute the perpetrators, regardless of rank.”

The group urged the Office of the Prosecutor of the ICC, which in 2010 opened a “preliminary examination” of the situation in Nigeria, to widen its probe to include the Baga killings.

The ICC had indicated that crimes committed by Boko Haram members might constitute crimes against humanity and members of the Nigerian security forces might also have committed serious human rights violations in their anti-terror fight.
However, ruminating on the effects of the insurgency on the state, the   governor said that since the onset of the terror attacks, the state government has been left alone to shoulder the financial cost of the anti-terror war.
Shettima, while receiving a donation of N20 million from Kano State Governor, Dr. Rabiu Musa Kwankwaso, said he was emotionally moved by Kwankwaso’s first-of-its kind assistance.

He said: “Since the beginning of this problem, we have never received a dime from anywhere. They have all left us to our fate; but whether we swim or sink, let me assure you that Borno will bounce back.”
Meanwhile, Kwankwaso cleared the air over his rumoured presidential ambition, as he told journalists in Maiduguri that he would be declaring at the right time.
When quizzed if he was nursing a presidential ambition in 2015, he said: “For now, we are working around the clock to ensure peace and stability in our state, and security in the entire region.

“But I want to assure Nigerians that as a team player, when the time comes, I will make my intention known.” THIS DAY LIVE

                                                                                                     

Okada rider to die by hanging for robbery

By PAUL OSUYI, Asaba

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.
Oghenero with others now at large was said to have robbed a transporter, one Felix Itirikpe of his valuables including cash at gun point on January 30, 2010 along Okurekpe village, Kokori within Isiokolo judicial division, Isiokolo. The court, in its judgment held that the prosecution had proved beyond reasonable doubt the ingredients of the offence for which the accused was charged and thereafter pronounced him guilty of the charges.
The court further held that the maximum punishment for the offence of armed robbery was death as stipulated in section 6 (b) and 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Volume 14 Laws of the Federal Republic of Nigeria, 2004. THE SUN

                                                                                                    

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.
At the resumed hearing of the case on Monday, the prosecutor, Mr. Justin Enang, informed the court that he had filed an amended charge, including four new persons and reflecting their names in the charge sheet.
Justice Idris, therefore, ordered that all the 10 accused be arraigned on the amended charge. They all pleaded not guilty.
The judge ordered them to be remanded in prison custody and adjourned the case to May 17 for trial.
The prosecutor told the court that the accused committed the alleged offence on September 5, 2012, at Arepo, Ogun State.  By Joseph Onyekwere. THE GUARDIAN

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.
The prosecutor, Assistant Superintendent of Police, Barth Nwaokoye, told the court that the crime took place at Agege area of Lagos on November 23, 2012, at about 1.30p.m.
He said that Oyediran unlawfully received 33,000 liters of petroleum motor spirit valued at N3,399,000,  property of one Okonkwo Amenike.
He said the defendant knew the product was stolen but he still received it.
The prosecutor said the offence committed was punishable under section 326 (2) criminal law of Lagos state of Nigeria 2011.
The defendant pleaded not guilty to the count charge when it was read to him.
Magistrate Demi Ajayi granted him bail in the sum of N1million with two sureties in like sum and adjourned the matter to May, 20,2013.  BY ONOZURE DANIA. THE GUARDIAN

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.

Alagbala, who is a student and Oyelakin, a drop out are facing a three-count charge of conspiracy, robbery and unlawful possession of a gun.

They were arraigned before Magistrate Oshodi Makanju.

The police prosecutor, Samson Ekikere, told the court that the defendants and others still at large  committed the offence on March 18, 2013 at about 6 a.m at Obada Estate, Badagry expressway, Lagos.

He said the defendants,  armed with a gun and other dangerous weapons, robbed one Alhaja Tawakalit Ismaila of her belongings, a Nokia phone and iron weight lift, all valued at N80,000.

He also said that Oyelakin robbed one Nike Afolabi of her Nokia phone valued at N14,000.

According to the prosecutor, the offence committed is contrary to section 5(b) 1(2) of armed robbery and firearms Act Cap 398 vol XX11 laws of the Federation of Nigeria 1990 as amended.

Earlier the defendants had pleaded not guilty to the three count charge proffered against them by the police but their plea was not taken.

However Magistrate Makanju, remanded the defendants to prison custody pending the advice of the director of public prosecutor DPP.

She further adjourned the case to May 14, 2013, for Dpp’s advice. BY ONOZURE DANIA. THE GUARDIAN

                                                                                                     

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.
Two others were granted bail and one discharged.
The offences were committed between December 13, 2012 and March 31, 2013.
At the Akure Chief Magistrate Court II, those arraigned include: Abdullahi Abubakar, 20; Abubakar Mohammed, 20; Mohammed Alih, 20 and Umaru Shehu, 25.
Police Prosecutor, Inspector Zakari Ibrahim called for adjournment to enable him duplicate the case file at the Director of Public Prosecution (DPP).
In his ruling, the Chief Magistrate, Mr Johnson Adelegan, remanded the accused in prison and adjourned the case to May 22, 2013.
Similarly, Police Prosecutor in Court III, Sgt. Olowofeso Martins asked the court to remand all the accused persons to enable him seek legal advice from the DPP.
Those remanded at the Olokuta Prison by the Magistrate, Mrs Funke Adegoroye include: 18-year-old Kazeem Adedun; James Sageh, 27; Busuyi Oni, 36 and Isaac Patrick, 28, : Ifedayo Adanri, 29; Tunde Ojoko, 28; Oladejo Olalere, 25; Abiodun Edward, 24.
Adedun and Oni, were arraigned separately on another five-count of armed robbery.
The three persons remanded in police custody are Adefare Ifeoluwa, 23; Christopher Moses, 37 and Sule Azeh, 43.
A 19-year-old, Onu Joseph, was however discharged by the Court. By Dayo Johnson. THE GUARDIAN

                                                                                                     

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

A 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.

The applicant was the Deputy-Governor of Lagos State between January 1992 and November 1993 before she was forcibly removed from office as a result of a coup led by General Sani Abacha, now deceased.

Justice Atilade in her judgment delivered last Friday, granted all reliefs sought by the former deputy governor.
The applicant through her lawyer, Chief Bolaji Ayorinde (SAN), also joined as respondents; the state’s Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, as well as the Ministry of Establishments, Training and Pensions, Lagos State.

Specifically, the applicant, in her originating summons brought pursuant to order 3 Rule 6 of High Court of Lagos state (Civil Procedure) Rules 2004 and sections 1-6 of the Public Office Holder (Payment of Pensions) Law 2007, No 11 official gazette of Lagos State, asked the court to declare that she is entitled to the payment of pension and other benefits as provided for under the Public Office Holder (Payment of Pension) Law No 11 official Gazette of Lagos State, 2007 to wit:

She also requested for an annual basic salary equal to 100 per cent of the annual salary of the incumbent Deputy-Governor of Lagos State subject to review every five years or salary review by the Revenue Mobilisation Allocation and Fiscal Commission in line with section 210 (3) of the constitution as amended in 2011.

In her statement of claim, the former deputy governor stated that towards the end of the administration of the former governor of the state, Senator Bola Ahmed Tinubu, the state assembly enacted a law stating among others that:
“Any person who held office as an elected governor or deputy governor (referred to in this Law as Public office Holder) shall be entitled to the payment of pension at the rate equivalent to the annual basic salary of the incumbent governor or deputy governor and other benefits as provided by the Revenue Mobilization Allocation and Fiscal Commission.’’

“Any person duly elected as public office holder shall upon the successful completion of his term be entitled to a grant of pension for life by the state; Provided that such a person shall not be entitled to a grant of pension under this law if he was removed from office by the process of impeachment or for breach of any provision of the constitution.’’

“The total emolument of the public office holder shall include salary, allowances and fringe benefits as contained in the schedule to this law;  In line with this law, the applicant prayed the court to declare that she was a public office holder under the 1999 Constitution (as amended).”

Besides, she asked the court to declare that as a serving deputy governor she was not removed by virtue of any constitutional breach or impeachment process by the state legislature.

‘’One residential house for the applicant at any location of her choice in Lagos state; two cars and in addition one pilot and one backup car to be replaced every three years for the applicant; 300% of the annual salary of the incumbent Deputy-Governor of Lagos State payable every two years en-bloc as furniture allowance; 10% of the annual basic salary of the incumbent Deputy-Governor of Lagos State as house maintenance allowance; provision for cook, steward, gardener, drivers and other domestic staff to work for the applicant and who shall be pensionable by the 1st respondent; free medical treatment for the applicant and members of her immediate family; one State Security Service detail and two policemen, one each for the house and personal security for the applicant; 25% of the annual basic salary of the incumbent Deputy-Governor of Lagos State for a Personal Assistant; 30% of the annual basic salary of the incumbent Deputy-Governor for car maintenance; 10% of the annual basic salary of the incumbent Deputy-Governor for entertainment and 20% of the annual basic salary of the incumbent Deputy-Governor for utility.  By Davidson Iriekpen†THIS DAY LIFE

                                                                                                

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

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.
Justice Mojisola Dada had convicted both for the murder of Alhaja Kudirat Abiola along the Lagos/Ibadan Expressway and accordingly sentenced them to death by hanging until confirmed dead.
Abiola had contested the 1993 presidential election on the platform of the defunct Social Democratic Party (SDP) during the administration of Gen. Ibrahim Babangida. The events following the cancellation of the results of the election and his subsequent self-declaration as winner led to his detention when Abacha held sway as Head of State and Commander in Chief.
Meanwhile, the appellate court presided over by Justice C.C. Nweze had fixed today for hearing of the appeal after counsel representing both convicts had applied for a regularisation of their briefs of argument.
Counsel to both appellants, Joseph Daudu (SAN) and Mr. Olalekan Ojo, moving in terms of their motion paper, had applied for leave to file their appellants’ brief of arguments and serve same on the respondent. Both convicts were arraigned in October 1999 on a four-count charge of “conspiracy and murder of Alhaja Kudirat Abiola on June 4, 1996, along the Lagos/Ibadan Expressway.”
The appellants had prayed the Court of Appeal that the death sentence passed on them was unwarranted. They further argued that the trial court erred in law when it arrived at the conclusion that they conspired to kill Kudirat on June 4, 1996.
Therefore, Al-Mustapha and Shofolahan are urging the appellate court to entertain their appeal, set aside the judgment, discharge and acquit them of conspiracy and murder, accordingly.
Al-Mustapha’s appeal was premised on four grounds, while that of Shofolahan was hinged on five. By Joseph Onyekwere. THE GUARDIAN

                                                                                                     

N25 MILLION COURT AWARD: BABA SUWE FIGHTS NDLEA.

Babatunde Omidina, better known as Baba Suwe was in court on Thursday to urge the Court of Appeal to uphold the compensation of N25 Million Naira ordered to be paid to him by  National Drugs Law Enforcement Agency by a Lagos State High for unlawful detention for 24 days in 2011 on the suspicion that he ingested hard drug.The trial judge, Justice Yetunde Idowu, in a judgment delivered on November 24, 2011, had ordered the agency to pay N25m to the respondent, for keeping him in custody beyond the legal time limit on a suspicion of drug ingestion.The court also ordered the agency to apologise to the actor publicly in conspicuous pages of two national dailies. According to reports, NDLEA counsel, Femi Oloruntoba, had justified the agency’s action in a five ground-appeal, asking the appellate court to forget the lower court’s judgment.

“The judgment of the lower court was not a product of the evidence both parties filed before the court. The award of N25m against the appellant did not follow the proper principle of award of damages. The law does not support the judgment. We urge your Lordships to set aside the whole judgment,” Oloruntoba said.

Omidina’s lawyer, Bamidele Aturu, at the hearing of the case, said the appeal by NDLEA was “unmeritorious” and urged the appellate court to uphold the judgment of the lower court.

Aturu criticised the NDLEA’s appeal, insisting that the exhibits they relied on at the lower court were “legally worthless”.

“We canvassed at the lower court that the documents were not certified. The arguments of the appellant’s counsel that the public documents do not require certification are not the position of the law. We refer your Lordships to Section 102(a) of the Evidence Act 2011,” he said.

He reportedly added that the NDLEA misused Section 35(1) (c) of the constitution, saying the law did not empower the agency to keep Omidina or any other Nigerian citizen in custody indefinitely based on a “mere reasonable suspicion” of having committed a crime.

“The appellant seems to be confused over section 35(1) (c) of the Constitution. They relied on mere reasonable suspicion. You cannot hold somebody indefinitely without charging the person to court,” Aturu said.

Justice Chima Nweze-led appellate court reserved the case for judgment after parties adopted their brief of arguments on Thursday. Nweze said the date for judgment would be communicated to the lawyers representing the two parties.

                                                                                                     

FUEL SUBSIDY CASE: FALANA AND ATURU JOINED BY COURT.

 A federal High Court in Abuja headed by Justice Ademola Adenuji has joined two Lagos lawyers, Chief Femi Falana (SAN) and BamideleAturu as 4th and 5th co.defendants in the controversial fuel subsidy suit filed by a former Anambra State governorship candidate, Stanley Okeke asking the court to compel President Gooduck Jonathan to remove the subsidy being paid on fuel in the country.
The motion seeking to be joined as 4th and 5th Defendant was  not objected by both the plaintiff and three other defendants, who included Jonathan, his minister of Petroleum, Diezeni Allison-Madueke and Minister of Finance Dr. NgoziOkonjo-Iweala as 1st, 2nd and 3rd defendants respectively.
The court, therefore, ordered the plaintiff (Okeke) to file and serve all the processes to all the defendants within 14 days, while the defendants should also respond within another 14 days.
The judge consequently adjourned the matter to May 22, 2013 for hearing of the originating summons.
In the applications for joinder by both Falana and Aturu, they argued that they would be adversely affected by the withdrawal of subsidy regime claimed by the plaintiff.
According to them, their joining in the suit would complete an effectual resolution of the issues surrounding deregulation of the downstream sector of the oil industry in Nigeria.
The duo also brought to the notice of the court a subsisting judgement of another Judge of the Federal High Court, Justice Adamu Bello, who declared that the deregulation of the   downstream sector of the oil industry was unconstitutional, illegal and void in suit no. FHC/ABJ/SC/591/2009.

                                                                                                     

COURT REMAND 6 FOR ALLEGED THEFT OF CABLES

A Federal High Court sitting in Osogbo on Friday remanded six men in prison custody for alleged theft of telephone cables.
The accused persons, Opeyemi Mustapha, Mudasiru Wasiu, Muideen Abayomi, Adam Ojediran, Sikiru Fajobi and Muhammadu Rabiu, pleaded not guilty to the charges of felony, conspiracy and stealing brought against them.
The Prosecuting Officer, Mr Bella Abidoye, of the Osun State Command of the Nigeria Security and Civil Defence Corps (NSCDC), alleged that the accused committed the offences on Feb. 24 and Feb. 25, at Agbede Village, near Ode-Omu in the Ayedaade Local Government Area of Osun.
He said the accused also conspired, tempered and stole the telephone cables used for conveyance of telephone communication nationwide.
``The offences are contrary to section 3(6) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under section 1(11) of the same law.
``The offences also contravene 383(1) and 427 of the Criminal Code Cap C38 Vol 4 Laws of the Federation of Nigeria , 2004, also punishable under section 390(9) of same law.`` Abidoye said.
Justice Babatunde Kwewumi, after listening to the prosecutor,  directed the Defence Counsel, Mr Ebenezer Bolarinwa, to make formal application for the bail of his clients.
He ordered the accused to be remanded in prison custody till May 7 for bail consideration.

                                                                                                     

Constitution review: Nigerians say no to resource control, state police, state electoral commission.

The Nigerian Tribune, one of the Nigerian Leading Daily National Papers Reported that the House of Representatives, on Thursday, presented the collated report of the Peoples’ Public Sessions on the Review of the 1999 Constitution conducted by the House in the 360 federal constituencies of the country, with the majority of Nigerians kicking against resource control, creation of state police and creation of state Independent Electoral Commission.
The result was presented at an elaborate event chaired by the Speaker, Honorable Aminu Tambuwal, who apologized for the unfortunate postponement of presentation of the result on January 31.
 According to the result presented by the constitution review panel chaired by Honorable Emeka Ihedioha, the majority of Nigerians equally supported financial autonomy for local governments in the country, autonomy for house of assemblies and independent candidacy in elections.
The result further showed that the constituents supported amendment of the constitution to deny revenue allocation to unelected local government councils in the country. Jacob Segun Olatunji and Kolawole Daniel who filed in the report from Abuja, Friday, 19 April 2013 00:00 for the widely read national paper went futher as thus-
However, the result showed that Nigerians kicked against zoning arrangement, single term and diaspora voting.
On the issue of state creation, the majority of the constituents supported creation of states but not on equal level.
Support was also given to amendment of the constitution to separate the office of the Accountant-General of the Federation by the creation of the office of the Accountant-General of the states and, as well separation of the office of the Attorney-General of the Federation from the position of Minister of Justice of the Federation.
Earlier, in his address, Honorable Ihedioha said the views of all Nigerians on various issues outlined in the review of the constitution had been fully reflected in the report presented to the House on Thursday.
Honorable Ihedioha also affirmed that the reports from the peoples public sessions, “have been painstakingly collated, verified and its integrity can be fully assured.”
According to him, “This process may not be perfect, but I dare say, that it is the first time in the history of this country that Nigerians at the grassroots have been made part of the Constitution Review Process in a practical and transparent manner.
“We promised Nigerians that we shall be transparent and accountable. Indeed we made a commitment to do things differently in our Legislative Agenda, unveiled at the beginning of the 7th House of Representatives. This public presentation is a fulfillment of this commitment and promise”, he said.

                                                                                                     

SHARIA COURT ORDERS AMPUTATION OF MAN FOR STEALING N13,000.

An Upper Shari’a Area Court in Bauchi has confirmed the judgement of a lower court that ordered the amputation of the arm of Abdullahi Sale, a resident of Kogi village in Bauchi Local Government Area, for theft.

A lower Shari’a Court in the area had earlier convicted Abdullahi Sale on the charges levelled against him.

According to the Police Prosecutor Corporal Idris Malum, the convict broke into the shops of one DanladiYa’u of ZungurKogi and Yusuf Babba of Bula-Lusa and carted away properties worth about N13, 000.

The offence, according to the prosecution, contravenes section 151 of Shari’a Penal Code.

Meanwhile the convict had pleaded guilty, but sought for leniency from the court.

However, the Police Prosecutor asked the court not to grant the prayers in order to serve as deterrent to others.

In the meantime the convict has 30 days to file an appeal against the judgement.

                                                                                                     

US SUPREME COURT DISMISSES SUIT AGAINST SHELL.

United States Supreme Court has ruled in favor of Royal Dutch Shell and several multinational corporations as the US apex court affirmed the  September 2010 decision of the US Court of Appeals for the second circuit relating to the case of Ogoni nationals affected by Shell’s oil connivance with the Nigerian military.
Members of the Kiobel family had brought a case against Royal Dutch Shell in the US, claiming that the corporation violated the alien tort act, by providing material support to deadly military squads from the Nigerian army and police that attacked and murdered several Ogonis in the early 1990s.
But in a majority opinion by the Chief Justice John Roberts yesterday, the US Supreme Cour certified the ruling of the US Court of Appeals that earlier dismissed the lawsuit.
Lawyer to the plaintiffs, Carey R. D’Avino, told SaharaReporters via telephone that the legal team has no comment at the moment as it is currently reviewing the opinion of the Supreme Court.
But in an article by Esther Kiobel, widow of  Hon. Barinem Nubari Kiobel, published on ogoni.com., an online site,  she had appealed  before yesterday’s ruling, saying  that “My appeal is that the Supreme Court’s decision on this case may not be like the declaration of the US Appeal Court of the 2nd Circuit, which ensured the connotation that because international law didn’t specifically apportion liability to corporations, or because no corporation had been held liable under international law, corporations could do as they pleased, invariably resulting in further corporate killings, genocide and instability in Africa and such other oppressed lands.”
She explained in the article that “We are holding Shell responsible for the crimes committed against us and the rest of humanity.
“I was stripped naked, tortured, and locked up twice, while my husband and the rest of the Ogoni 9 were maimed, strangled, killed and acidised. I have proofs of those who were paid by Shell, and who were in their payroll to lie, testify, some of them sworn affidavit in court and some of them are in America.
“I do have documents that implicate Shell. The documents were sent through my late husband’s office as Honourable Commissioner for Commerce and Tourism during the Komo administration as military governor of Rivers State. I do have pictures of Shell’s cronies airlifting my husband in their helicopter, dressed in uniform and helmet that bore Shell’s logo.
“ There are also secret documents to prove how Shell tried to bribe my husband in an executive meeting at the government house in Port Harcourt, when they planned to arrest and kill Ken Saro-Wiwa.”

                                                                                                     

JUDICIAL REFORM: JUSTICE OLOTU, TALBA KNOW FATE APRIL 23.

A judge of the Federal High Court, Abuja judicial division, Justice Gladys Olotu, her FCT counterpart, Justice Abubakar Talba may know their fate on whether to remain on the bench or be asked to stand on Tuesday next week, April 23, 2013 when the National Judicial Council (NJC) will meet.
LEADERSHIP gathered authoritatively that top on the agenda of the apex judicial body’s meeting is pronouncement on the two jurists alleged to be corrupt.
A competent source close to the NJC said when the body meets on April 23; more judges may be flushed out of the system, but the NJC’s deputy director (Press), Mr. Soji Oye, told LEADERSHIP in a telephone interview that he was not aware of such information.
Oye, however, admitted that the date for the meeting was true and that it was a normal meeting of the council.
He said the agenda of the meeting would include appointment of new judges, notification of retiring judges, as well as deceased judicial officers and committee reports.
When asked whether, Justices Olotu and Talba would be discussed, Oye simply put it that: “I cannot tell but if the committees handling the two matters are ready with their reports on that day, why not? They will give the reports to the council and the council will decide.

                                                                                                     

COURT DISSOLVES MARRIAGE FOR HUSBAND'S TALKATIVENESS.

An Ilorin Area Court on Monday dissolved a three-year-old marriage between Taofikat Bello and her husband Jimoh on grounds that the husband talks too much.
Taofikat, 33, a resident of Osere Area, Ilorin, had prayed the court to dissolve her marriage to Jimoh, for ``naturally talking’’ too much.
The petitioner told the court that Jimoh was fond of discussing their family matters with friends and other distant relatives.
“My husband talks too much and does not care who is attentive or not and will keep exposing his family matters to everybody around him,” she said.
The petitioner said their marriage was contracted in 2010 and had produced a three-year-old son, Sheriff.
She further claimed she was the only one responsible for Sheriff's upbringing.
“I want an end to this marriage because my husband cannot keep quiet on his family matters and I dislike people that cannot keep secrets,” she said.
The respondent did not oppose the petition, saying she was free to go.
“I love sharing my problem with others so that I can seek their opinion to solve problems, but my wife thinks we don’t need anybody to survive in life,” Jimoh said.
He prayed the court to grant the prayer of his wife, adding: ``I can’t force myself on her since she wants to go’’.
The presiding Judge, Mr Ibrahim Abdulquadri, dissolved their marriage and issued a certificate of divorce to the plaintiff. (NAN)

                                                                                                     

RELEASED: LEADERSHIP JOURNALISTS.

A Federal High Court sitting in Abuja has granted the Group News Editor of LEADERSHIP Newspapers Group, Mr. Tony Amoekedo and Correspondent Chibuzo Ukaibe conditional release.
The two were arrested and detained yesterday by the Nigeria Police Force.
The duo had earlier filed a suit against the Inspector General of Police, Mohammed Abubakar, claiming the sum of N10m for breach of trust.
In a suit filed by the Company’s counsel Ugo Udoji Esq, in the Federal High Court of the Federal Capital Territory (FCT), the applicants sought for enforcement of their fundamental human rights as guaranteed under SS. 34, 35 and 41 of the constitution of the Federal Republic of Nigeria enforceable under Section 46 of the said constitution and articles 4, 5, 6, articles 9 (2) of the African Charter on Human and People’s Rights (Ratification and Enforcement Act) and directing that the order operates as a stay against further arrest and detention of the applicants.
Ukaibe and Amoekedo will be formally arraigned on April 23, 2013 as they’ve been sued in with a ten-count charge of forgery before Justice Adeniyi Ademola of a Federal High Court in Abuja, Nigeria’s capital.

                                                                                                     

ATTEMPTED MURDER OF JUDGE: COURT RULES ON DRIVER'S BAIL MAY 

JUSTICE Christopher Balogun of a Lagos High Court sitting in Igbosere has fixed May 2 to deliver ruling on the bail application of a commercial bus driver, Quadri Kasali, who was charged of hitting a judge with his vehicle by the Lagos State government.
In the bail application, filed by his lawyer, Oludare Falana, Kasali had prayed the court to consider the fact that a defendant was presumed innocent until proven otherwise.
The defendant also informed the court that he was the breadwinner of his family, while his wife had just put to bed, adding that the offence he allegedly committed could be likened to a mere traffic offence and not attempted murder.
The state, through its prosecuting counsel, Femi Adamson, told the court that the defendant did not deserve bail.
According to Adamson, the defence lawyer had not given enough facts to guarantee that the defendant would come back if released on bail.
It will be recalled that 33-year-old Kasali had earlier been arraigned at a Tinubu magistrates’ court, Lagos, on March 9, on an alleged charge of attempted murder of Justice E. Adebanjo, where he pleaded not guilty to the charge.
The charge alleged that Kasali was driving a commercial bus with registration number XA 242 KLK at Moloney Street, Lagos Island, where he obstructed other road users. By Yejide Gbenga-Ogundare of NIGERIAN TRIBUNE

                                                                                                     

DANA: CORONER ISSUE SUMMONS FOR AVIATION MINISTER TO APPEAR BEFORE IT

THE Lagos State coroner presiding on the ongoing inquest into the June 3 2012 Dana plane crash, on Thursday, directed that witness summons be issued on the Minister of Aviation, Princess Stella Oduah and a pathologist, Professor Adekunbi Banjo, to appear before the inquest
Magistrate Alexander Oyetade Komolafe, at the resumed sitting of the coroner, stated that it was necessary for the minister to make an appearance and give testimony before the hearing can be concluded.
“Let the Minister of Aviation come and see what we are doing here and when she comes, we will have some questions for her.”
He added that he was allowing Banjo, who is a consultant with the Accident Investigation Bureau (AIB), to testify in the interest of fair hearing.
The pathologist is scheduled to appear before the inquest on May 22, but no specific date was fixed for Oduah’s appearance.
Magistrate Komolafe stated that the Minister was free to choose any day from May 20 to 24, 2013, which are dates fixed by the court for further hearing of the matter.
Earlier, Mr Babatunde Irukera, AIB’s counsel, had  made a case for Banjo to be allowed to testify at the inquest.
He made the request on the basis that the testimony of the pathologist, who had worked previously with AIB on other crashes, would assist the coroner come to a just and meaningful conclusion of the inquest.
Irukera said Banjo was being called to refute some of the claims made Professor John Obafunwa, the Chief Medical Examiner of Lagos State, adding that she was not allowed to participate in the post-mortem examinations carried out on the bodies of the victims.
Counsel for the Lagos State government, Mr Akinjide Bakare, however, insisted that Banjo ought to have voluntarily made herself available to the inquest, noting that seeking to call her at this late stage was a ploy to delay the conclusion of proceedings. By Yejide Gbenga-Ogundare of NIGERIAN TRIBUNE