
Babatunde Raji Fashola
By Dayo Benson & Bartholomew Madukwe
For the Nation’s Judiciary, the year 2015 was as eventful as it was controversial . Vanguard Law and Human Rights recaptured some of the landmark cases and activities that unfolded in some parts of the country up till the fading hours of the year.
Excerpts:
2015 undoubtedly ended in a dramatic note at the Court of Appeal where previous election victories declared at the tribunal were upturned in the last day of the year. Precisely December 31st, the Court of Appeal sitting in Abuja set aside the November 7 2015 judgement of the Taraba State governorship election petition tribunal which nullified the election of Governor Dairus Ishaku of PDP. The tribunal had earlier declared the APC candidate Hajiya Aisha Jumai Alhassan, the current minister of women affairs winner of the election.
Elsewhere same day, the appeal court sitting in Owerri quashed the earlier victory of Governor Okezie Ikpeazu, of PDP at the election petition tribunal and declared the candidate of APGA Alex Otti, as winner of the April 11 2015 governorship election in Imo State.
February 11: Gov. Fashola (former) sworn-in 3 judges
Immediate past Governor of Lagos State, Mr. Babatunde Fashola (SAN) swore in three more judges into the State judiciary with a charge that they should do justice to all men without fair or favour.
The new judges were Justice Olabisi Ogungbesan, Justice Adedayo Akintoye and Justice Obafemi Adamson. Until their new appointments, Justice Ogungbesan was the Director of Public Prosecution (DPP); Justice Akintoye was the Registrar of Titles while Justice Adamson was senior state counsel in the Ministry of Justice. The new addition brought to 57, the number of judges in Lagos State, made up of 41 female and 16 male.
February 17: Fashola commissioned new magistrate court complex in Ikeja
Fashola also on February 17 commissioned the new High Court and Magistrate Court houses at Ikeja named the Roseline Omotosho Courthouse and equally commissioned the newly-built magistrate court complex in Ogba, Agege on May 5 . The court complex with 22 courtrooms was named after a former Lagos State Chief Judge, Justice Samuel Ilori (Rtd).
June 17-18: Lagos CJ freed 37 prison inmates
The Chief Judge of Lagos State, Justice Olufunmilayo Atilade, on June 17 and 18 freed 21 inmates of the Medium Security Prison, Kirikiri, and 16 inmates of Ikoyi Prison, Lagos. The inmates who were set free by the Chief Judge were still awaiting trial .
June 22: Court struck out N25.7b criminal charge against Atuche, others
A Lagos High Court in Ikeja on June 22 struck out a N25.7 billion criminal charge brought against Francis Atuche, a former Managing Director of the now defunct Bank PHB, his wife, Elizabeth and a former Chief Financial Officer of the bank, Mr. Ugo Anyanwu. The Economic and Financial Crimes Commission had instituted a 27-count charge including stealing and conspiracy against Mr. Atuche; his wife, Elizabeth; and the bank’s Chief Financial Officer, Ugo Anyanwu.
In his ruling, the trial judge, Justice Lateef Lawal-Akapo, said the EFCC failed to prove that the defendants stole money from the bank, adding that the court was duty bound to comply with the decisions of Court of Appeal in the appeal of Okey Nwosu and Erastus Akingbola.
July 8: Coroner indicted SCOAN and Contractor
A Coroner inquest instituted by the Lagos State Government to look into the collapse of a Guest house by the Synagogue Church of All Nations on July 8 indicted the Church and the Contractor handling the collapsed building for negligence. The Guest house collapsed in September 2014, killing 114 persons, mostly South Africans. The Presiding Coroner, Chief Magistrate Oyetade Komolafe, began proceedings in October 2014 and invited many witnesses.
Chief Magistrate Komolafe summoned the General Overseer of the SCOAN, Prophet T.B Joshua, several times to the proceedings but he failed to show up. He thereafter ordered the prosecution of the Church and Contractor for negligence.
December 4: EFCC arraigned former NIMASA DG
The Economic and Financial Crimes Commission on December 4 arraigned a former Director General of Nigerian Maritime Administration and Safety Agency, NIMASA, Patrick Ziadeke Akpobolokemi, Executive Director, Captain Ezekiel Bala Agaba, Ekene Nwakuche, Governor Amechee Juan, Blockz and Stonz Limited and Al-Kenzo Logistics Limited before Justice Ibrahim Buba of the Federal High Court, Lagos, on twenty-two count charge of conspiracy, fraudulent conversion and money laundering.
The accused persons were alleged to have fraudulently converted the sum of N2, 365,600,000 meant for the implementation of the International Ship and Port Security (ISPS) Code which NIMASA was the designated implementation agency. The former DG was said to have got presidential approval for the release of the said monies through the office of the National Security Adviser to Goodluck Jonathan (former President), Colonel Sambo Dasuki.
December 14: EFCC re-arrested NIMASA DG outside court premises
The ex NIMASA DG was re-arrested by security agents outside the premises of the Federal High Court, Lagos, shortly was adjourned. The former NIMASA boss’ re-arrest was in connection with fresh allegations of fraud worth over N12bn meant for a maritime university.
December 18: NCC filed criminal charges against MTN
The Nigerian Copyright Commission (NCC) on December 18 filed criminal charges (FHC/ABJ/CR/379/2015) against MTN Nigeria Communication and its Nigeria Chief Executive Officer, Ferdi Moolman, over alleged copyright infringement. In the two-count-charge signed by NCC Prosecutor and Copyright Inspector, Marypauline Olere-Luma; MTN and Moolman were alleged to have infringed on copies of the musical work of an Abuja based musician, Dovie Omenuwoma-Eniwo (aka Baba 2010). Earlier in the year, Baba 2010 had filed Suit No. FHC/ABJ/CS/895/15 against MTN Nigeria seeking N500M for copyright infringement of his musical works.
December 18: EFCC re-arraigned 5 for subsidy fraud
EFCC, on December 18 re-arraigned three persons: Ifeanyi Anosike, Emeka Chukwu and Ngozi Ekeoma and their companies, Anosyke Group of Companies Limited and Dell Energy Limited, before Justice Lateef Lawal Akapo of the Lagos State High Court sitting at Ikeja on an amended 35-count charge bordering on conspiracy to obtain by false pretence, attempt to obtain property by false pretence, conspiracy to forge documents, and forging document.
The accused persons were said to have conspired among themselves to obtain the sum of N324,780,567.53 by false pretence from the Federal Government as subsidy payment for the importation of Premium Motor Spirit, PMS.
December 21: Lagos Court’s Registrar jailed 10 years for defrauding former Chief of Army Staff of $330,000
Justice Lateef Lawal-Akapo of an Ikeja High Court on December 21 sentenced a court registrar, Mrs Oluronke Rosolu, to 10 years imprisonment for defrauding a former Chief of Army Staff, retired Lt.-Gen. Ishaya Bamaiyi of 330,000 dollars. Rosolu was convicted on all the two counts charge of conspiracy and obtaining money by false pretences brought against her by the EFCC.
December 21: Edo Government removed its Customary Court of Appeal
The Edo Government on December 22 repealed the act establishing the Customary Court of Appeal in the state. Governor Adams Oshiomhole, who signed the Amendment Bill into law said that the Customary Court of Appeal had ceased to exist in the state and the judges there were transferred to the State High Court thereby increasing the number of the State High Court judges from 24 to 30.
December 29: Court awarded N7m damages against Police over violent disruption of rally
An Abuja High Court sitting in Maitama, awarded N7 million damages against the Inspector General of Police, Commissioner of Police FCT, Ministry of Police Affairs and the Police Service Commission, over the violent disruption of a peaceful rally in Abuja, November 21, 2013. The court order followed a suit marked CV/1624/2013, filed by a non-governmental organization, the Centre for Social Justice, Mr. Eze Onyekpere and five others.
In his judgement, Justice Hussein Baba-Yusuf held that the violent disruption of the applicants’ meeting and peaceful assembly at the Millennium Park in Abuja on November 21, 2013 by armed officials of the respondents “was a wanton violation of the applicants’ fundamental rights guaranteed by Section 40 of the Constitution of the Federal Republic of Nigeria 1999, as amended.”
The court said the respondents acted against the spirit and provisions of the constitution when it forcefully prevented the applicants from marching to the National Assembly to lodge their complaint.
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