Judiciary

By Funmilayo Obagbayegun

Justice Ladiran Akintola of an Oyo State High Court, sitting in Ibadan, has struck out a case of felony, murder, manslaughter and conspiracy to commit an offence against the former Queen of the Ooni of Ife, Naomi Ogunwusi, an Ibadan based broadcaster, Oriyomi Hamzat, and the Principal of Islamic High School, Basorun, Ibadan. Abdullah Fasasi.

The three were standing trial for their alleged involvement in the death of 35 children in a stampede during a Christmas funfair on December 18, 2024.

Justice Akintola said the case was struck out on compassionate grounds.

The judge also ordered the release of the defendants’ passports.

Speaking with newsmen after the ruling, counsel to one of the defendants, Mr Musibau Adetunbi, SAN, said all the parties involved in the case had agreed to settle out of court.

Mr Adetunbi noted that, though no amount of compensation could quantified the loss of lives.

Also, another defence counsel, Mr. Ridwan Adeleke said, some of the families of the victims of the stampede had appealed to the state government to discontinue the case.

Crime

Oluwakayode Banjo

The Economic and Financial Crimes Commission, EFCC, Ibadan Zonal Command on Monday, March 6, 2023, arraigned one Odeleye Moses Oluwabukola and his firm, Beedel Strategic Investment Company Nigeria Limited, before Justice Mohammed Owolabi of the Oyo State High Court, Ibadan, on a three-count charge which borders on forgery, altering of the document and obtaining money by false pretence to the tune of N9million (Nine Million Naira).

The defendant, according to the investigation approached his victim, Ololade Desmond-Eke with a forged “Local Purchase Order” asking for a loan of N9million, with an agreed interest of N495, 000.00 (Four Hundred and Ninety-five Thousand Naira), under the pretext of executing some purported contracts awarded to his company across the country.

However, the victim discovered, after advancing the money to the defendant, that the LPO was forged.

Count one of the charges reads, “That you Odeleye Moses Oluwabukola ‘M’ and Beedel Strategic Investment Company Nigeria Limited on or about 31st of January, 2021 at Ibadan, within the jurisdiction of this Honourable Court, with intent to defraud, obtained the total sum of N9, 000, 000.00 (Nine Million Naira) from Ololade Desmond-Eke by falsely representing to her that the said sum is to finance a Fan Milk Local Purchase Order (LPO) with Purchase Order Number: PO022622 which pretences you knew to be false, an offence of obtaining money by false pretence contrary to Section 1(1) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1(3) of the same Act.”

Count two reads, “That you, Odeleye Moses Oluwabukola ‘M’ and Beedel Strategic Investment Company Nigeria Limited on or about the 15th day of October 2020 at Ibadan, Oyo State within the jurisdiction of this Honourable Court, with intent to defraud, forged a Fan Milk Local Purchase Order (LPO) with Purchase Order Number: PO022622 with intent that it may be acted upon as genuine, an offence of forgery of document contrary to Section 465 and punishable under Section 467 of the Criminal Code Law Cap 38, Laws of Oyo State, 2000.”

Count three of the charge read: “That you, Odeleye Moses Oluwabukola ‘M’ and Beedel Strategic Investment Company Nigeria Limited on or about 31st day of January 2022 at Ibadan, Oyo State within the jurisdiction of this Honourable Court, with intent to defraud, uttered a Fan Milk Local Purchase Order (LPO) with Purchase Order Number: PO022622 to one Ololade Desmond-Eke with the intent that it may be acted upon as genuine, an offence of uttering of document contrary to Section 468 and punishable under Section 467 of the Criminal Code Law Cap 38, Laws of Oyo State, 2000.”

The defendant pleaded “not guilty” when the charges were read to him.

Consequently, the prosecution counsel, Oyelakin Oyediran informed the court that he was in court with the first prosecution witness and ready to commence the trial.

However, counsel to the defendant, Sikiru Adewoye asked the court to direct the prosecution to make available, the new evidence against the defendant to the defence. He further informed the court of a pending bail application for his client and urged the court to admit the defendant to bail.

But Oyediran opposed the application on the grounds that the defendant was a ‘flight risk’, who has several pending criminal cases at both Oyo State and Federal High Courts in Ibadan, Oyo State.

Justice Owolabi, after listening to both parties, remanded the defendant and adjourned the matter till March 14, 2023, for hearing.

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Judiciary

An Oyo State High Court sitting in Ibadan has released the six suspects alleged of kidnapping the twins of the popular Islamic Scholar, Alhaji Taofeek Akewugbagold on the condition that they will promise that nothing will wrong with the man and his family. 

Their release was based on appeal of the Islamic Scholar, who is the star witness in the case, to withdraw the case.

Alhaji Akewugbagold explained that he had forgiven the suspects, saying he left them for judgment of God.

Ruling on the appeal, the trial Judge, Justice Moshod Abass said though the court had power to deny the withdrawal, it would serve no purpose as the star witness refused to witness against the suspects.

Justice Abass explained that forcing the Islamic Scholar to witness would amount to waste of time saying such witness would not be credible.

He therefore ordered the release of the suspects saying they should, however, sign undertaking that nothing would wrong with the family before their release. 

However, the court session turned emotional as the judge called out the parents of the suspects who could not hold their emotions and burst to tear for the shame their children caused their families.

Justice Abass called on parents to train their children to protect the legacy of their family.

Sunday Ogunyemi

Crime

  Justice Omolara Adeyemi of the Oyo State High Court, Ibadan today sentenced Oyelakin Babatunde to four months of community service for cheating.

The 32-year-old Oyelakin Babatunde who claims to be a fashion designer, was arrested in September 2020. 

He allegedly obtained money by false pretense from unsuspecting foreigners through Amazon and iTunes gift cards as well as Western Union and MoneyGram money transfer.

Oyelakin pleaded guilty to the one count charge brought against him by the Ibadan Zonal Office of the Economic and Financial Crimes Commission, EFCC.

Aside the jail term, the court also ordered him to restitute the sum of £950 Nine Hundred and Fifty British Poundsto his victims and forfeit one Lexus Rs350, one silver Hp Laptop, one white Iphone 11, one golden iPhone wrist watch and one black Nokia phone to the Federal Government of Nigeria.

Sunday Ogunyemi

Judiciary

Oyo State High Court, Ring Road Ibadan has fixed November eighteen for possible taking of plea and definite hearing of bail application of six defendants who allegedly took part in the kidnapping of a set of twins of an Ibadan-based Islamic cleric, Alhaji Taofeek Akewugbagold.

The accused are Mohammed Bashir, Oyeleye Opeyemi, Olumide Ajala, Taiwo Ridwan, Rafiu Mutiu and Fatai Akanji.

Mohammed Bashir, Oyeleye Opeyemi, Olumide Ajala, Taiwo Ridwan and Rafiu Mutiu are standing trial on conspiracy and kidnap, while Fatai Akanji is being charged for unlawful possession of fire arm.

Addressing the court, the prosecution, Ms Magret Ojo noted that the date was meant for arraignment, explaining that the accused were at correctional centre and were not present at the court.

Ms Ojo however prayed the court for an adjournment.

Opening the defence before Justice Moshud Abas, Defence Counsel, O. Erinoso for the first respondent, Oritsuwa Uwawah, representing the second and fourth respondents and Taiwo Adediran for the sixth respondent informed the court that they had earlier filed bail applications.

However, here was no legal representation for the third and fifth defendants.

In his ruling, Justice Abass adjourned the case till eighteenth of this month.

Department of Public Prosecution in Oyo State had earlier exonerated the only female among the suspects in the case.

It would be recalled that the children were kidnapped at gunpoint at the cleric’s residence located at Abatakan area in Ojoo, Ibadan, the Oyo State capital in April this year.

Adedayo Adelowo

Judiciary

Justice R.B Akintola of Oyo State High Court Ibadan has dismissed an application challenging the court’s jurisdiction raised by Nigerian Army against a suit filed by Ajobo/Omilabu and other communities along Arulogun Road, off Ojoo, Ibadan over the effects of the shooting exercise of Nigerian Army, 2 Division, Odogbo.

The communities wanted the court to refrain the Nigerian Army from conducting their shooting training in the area and also prayed the court to compel the Nigerian Army to pay damages for property that had been destroyed as a result of the exercise.

In response to the suit, Nigerian Army and other defendants including Chief of Army Staff prayed the court to dismiss the suit saying the court lacked jurisdiction to hear the matter. 

According to the objection, Nigerian Army said every case that involved the Federal government or its agencies should be filed at the Federal High Court and not State High Court. 

Reacting to the objection, counsel to the communities, Mr. Emmanuel Adeosun opposed the motion and asked the court to dismiss it. 

Ruling on the motion, the Presiding Judge, Justice R. B. Akintola dismissed the Army’s application on the grounds that the claim in the matter was on the welfare of the residents and not against the executive officer of the agency which he said was major determinant in determining the jurisdiction of such matters. 

The court also awarded the cost of twenty thousand Naira against the Nigerian Army.

Sunday Ogunyemi

Yoruba

Ilé ẹjọ́ kòtẹ́milọ́rùn ti da ìgbẹ́jọ́ ìgbẹ́jọ́ ilé ẹjọ́ gíga tí ìpínlẹ̀ ọ̀yọ́ gbé kalẹ̀ tó ka ìjọba ìpínlẹ̀ ọ̀yọ́ lápákò láti júwe ilé fún àwọn alága ìjọba ìbílẹ̀ nù.

Ilé ẹjọ́ náà ní ìgbẹ́jọ́ tí ilé ẹjọ́ gíga gbé kalẹ̀ ni wọ́n gbé lórí ountí wọ́n lérò léyi tí wọ́n kò lee gbà wọlé.

Nínú ìdájọ́ tí onídajọ́ Haruna Tsammani kà, ó ní ó ní kò sí ẹ̀rí láti gbe ẹjọ́ ìgbésẹ̀ ìjọba ìpínlẹ̀ yi lẹ́sẹ̀ lásìkò ti àwọn alága ìjọba ìbílẹ̀ pe ẹjọ́ náà lọ́dún tó kọjá.

Àmọ́ sá ilé ẹjọ́ náà sọ ni pàtó bóyá ìjọba ìpínlẹ̀ yi lágbára láti yọ àwọn alága ìjọba ìbílẹ̀ tí wọn dìbò yàn tàbí bẹ́ẹ̀kọ lèyí tí ó ní ilé ẹjọ́ gíga ti pinlẹ̀ yi gbé ìgbẹ́jọ́ rẹ̀ kà.

Lósù karun ọdún tó kọjá ni àwọn alága ìjọba ìbílẹ̀ lọ síwájú ilé ẹjọ́ gíga tìpínlẹ̀ yi láti ká ìjọba lọ́wọ́kọ́ láti máse yọ wọ́n nípò léyi tí ilé ẹjọ fọwọ́sí wípé ìjọba ìpínlẹ̀ yi kò lágbára láti yọ àwọn alága tí wọ́n dìbò yàn kúrò nípò.

Sunday Ogunyẹmi/Dada Yẹmisi

Judiciary

Court of Appeal Ibadan Division has set aside the judgment of Oyo state High Court which restrained the state government from sacking Local government chairmen.

The court based his judgment on the fact that the High Court judgment was based on speculation which could not be taken for cause of action. 

The judgment read by Justice Harumna Tsammani said the case was premature with no fact to establish the intention of the state government when the local government chairmen instituted the case last year. 

The court therefore was silent on whether the state has power to dissolve the elected local government chairmen or not which was the basis of the judgment of the state High Court which said the state government lacked power to sack them. 

The local government chairman in May last year approached the state High Court to restrain the state government from removing them from office, which was granted by the court on the grounds that state government lacked power to remove elected Local Government Chairmen.

Sunday Ogunyemi

Judiciary

There was confusion today at Oyo State High Court as two different counsels appeared for the Minister of Justice in a case the Oyo State Government filed against the suspended Council chairmen over the crisis rocking the leadership of local governments in the state. 

In the case, Commissioner of Police in Oyo State, Inspector General of Police and Attorney General of the Federation are also attached, respondents.

At the resumption of the case today, a counsel Mr Abiodun Amole from Chief Niyi Akintola’s Chamber stood for the Attorney General of the Federation but was immediately countered by a Principal State Counsel from Federal Ministry of Justice Abuja, Mrs A.O. Ukpai said she came from Abuja to represent the minister. 

The argument on this representation took some minutes as the state counsel insisted that she was given a letter to that effect and counsel from Chief Akintola’s Chamber said he was the one to speak for the minister and requested that the case be stood down to consult his principal.

This was however opposed by the Counsel to Oyo State Government, Dr Akin Onigbinde who called the attention of the court to a letter he received from a Senior Advocate of Nigeria, Malam Yusuff Alli indicating that he had been consulted to replaced Former Counsel to the Suspended Local Government Chairmen, Mr Kunle Shobaloju and requested for adjournment of the case till April 13 and 14.

Other Counsel in the matter told the court the dates were not convenient and chose May 11 and 12.

Ruling on the arguments, the Presiding Judge, Justice Moshood Abass told the Counsel from Chief Akintola’s Chamber and the Counsel from Federal Ministry of Justice to settle the issue between them before the next adjournment and adjourned the case till May 11 for the report of settlement or hearing.

Sunday Ogunyemi

Crime

An Oyo State High Court has sentenced a former Deputy Registrar of the State Judiciary, Mutiat Adio to five years in prison for stealing.

Our judiciary correspondent, Sunday Ogunyemi who was at the court reports that this is the second time the suspect would be sentenced to prison having been jailed for seven years in 2018 for fraud.

The suspect was first sentenced to jail in 2018 for illegally selling a parcel of land worth nine point two million naira. 

It was gathered that towards the end of last administration in Oyo State, the former Governor Abiola Ajimobi reduced her sentence which fast-tracked her freedom.

Immediately after the freedom, a commercial bank, wrote a petition to the Economic and Financial Crimes Commission, EFCC, reporting another fraud the suspect, Mutiat Adio had committed in 2008.

According to the petition, the suspect then was the secretary of the State Judiciary Cooperative Society when the cooperative applied for a loan on behalf of the members. 

The loan was up to 90 million naira, but, unknown to the members, the suspect inflated various sums of money which they applied for. 

For example, a member, who applied for five hundred thousand naira was given five million and another who applied for three hundred thousand naira was given three million. 

When approached the suspect told them to return the excess to her bank which she diverted to personal use. 

According to the charge, the money paid back to her account was twenty-two million, three hundred and seventy-five thousand nine hundred and eleven naira. 

The prosecuting counsel, Dr Ben Ubi called nine witnesses including members of the cooperative society who applied for the loan, while defence counsel, Mr Olaniyi George, called four witnesses. 

The trial judge, Justice O. M. Olagunju said the prosecution had proved the case of stealing against the suspect beyond reasonable doubt, he said confessional statement and the second defendant witness also confirmed that the suspect diverted the returned fund to her personal account.  

Justice Olagunju also said the convict misled the bank to package the amount more than what the members applied for her own benefit. 

He described the act as pure criminality and found her guilty as charged.

Though the defense counsel, Mr Olaniyi George, appealed to the court to be liberal in sentencing her, being a former member of the judiciary in the state.

The prosecution urged the court to give the order for the convict to return the money to the victim of the fraud. 

Pronouncing the judgment, the trial judge, Justice Olagunju sentenced her for the second time, to five years in prison, without any option of fine and ordered her to return the money to Guarantee Trust Bank. 

In an interview, the prosecuting counsel, Dr Ben Ubi said the judgment was a signal to those who were in such habit.

However, the Defence counsel, Mr Olaniyi George said the judgment would be challenged at the Court of Appeal. 

The staff of Nigeria Correctional Center Oyo State Command were already at the court to receive their new guest before reporters left the court premises. Sunday Ogunyemi

Judiciary

Oyo State Government has proposed out of court settlement on a case it instituted against embattled Local Government Chairmen, Inspector General of Police and Commissioner of Police in Oyo State to prevent the chairmen from returning to their offices.

Counsel to the state government, Dr. Akin Onigbinde made this known while moving the application on the proposal.

Our correspondent, Sunday Ogunyemi, who was at the State High Court, Ring Road, Ibadan files in details.

Sunday Ogunyemi