Magistrate to rule on whether to disqualify self from trial.
An Igbosere Magistrates Court, Lagos, on Thursday fixed April 5, to deliver ruling on an application by Ruth Yacim, an accused, for the magistrate to disqualify himself from her trial.
The applicant, Yacim, averred that given the circumstances of the case, there was likelihood of bias against her by the magistrate, A.A Fashola.
Yacim was arraigned before the court in March 2007 on a charge of conspiracy and stealing.
In a motion filed by Iwilade Akintayo, counsel to the accused, she prayed Fashola to disqualify himself from further hearing and determination of the charge against her.
Yacim said there was strong likelihood of bias against her from the charge leveled against her.
In her 67-paragraph affidavit, the accused stated that she was formerly living with her sister, Gloria Gana, wife of one Air Commodore Peter Gana.
She claimed that on Dec. 26, 2006, her sister got frustrated with the marriage and packed out of her matrimonial home.
Yacim said consequently, she was allegedly arrested and detained on the instigation of Gana and ordered to produce his wife and three children.
But in a counter affidavit, the Prosecutor, Cyril Ajifor, the Legal Officer, State CID, Panti, urged the court to dismiss the application because judicial officers are guided by their oath of office.
An Igbosere Magistrates Court, Lagos, on Thursday fixed April 5, to deliver ruling on an application by Ruth Yacim, an accused, for the magistrate to disqualify himself from her trial.
The applicant, Yacim, averred that given the circumstances of the case, there was likelihood of bias against her by the magistrate, A.A Fashola.
Yacim was arraigned before the court in March 2007 on a charge of conspiracy and stealing.
In a motion filed by Iwilade Akintayo, counsel to the accused, she prayed Fashola to disqualify himself from further hearing and determination of the charge against her.
Yacim said there was strong likelihood of bias against her from the charge leveled against her.
In her 67-paragraph affidavit, the accused stated that she was formerly living with her sister, Gloria Gana, wife of one Air Commodore Peter Gana.
She claimed that on Dec. 26, 2006, her sister got frustrated with the marriage and packed out of her matrimonial home.
Yacim said consequently, she was allegedly arrested and detained on the instigation of Gana and ordered to produce his wife and three children.
But in a counter affidavit, the Prosecutor, Cyril Ajifor, the Legal Officer, State CID, Panti, urged the court to dismiss the application because judicial officers are guided by their oath of office.
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Businessman faces four-count charge of fraud, theft
A businessman, who allegedly obtained N1.7 million under the guise of supplying diesel to a customer, on Thursday appeared before an Ikeja Magistrates Court charged with fraud and stealing.
The accused -- Yusuf Odey, 48, however, pleaded not guilty to the four- count charge.
The prosecution said Odey had between Aug. 30, 2010 and Jan. 31 this year approached Mr Opeoluwa Okunsanya to supply him diesel to the tune of N1.7 million.
The accused got three cheques for the amount, cashed the cheques and failed to deliver the product,’’ the prosecutor, Insp. Eranus Nnamonu, told the court.
He said the offences contravened Sections 1 (1b) of the Dishonoured Cheque (Offences) and 419 of the Criminal Code, Laws of Lagos State.
The Magistrate, A. O. Komolafe, granted the accused bail in the sum of N500,000 in addition to two sureties in like sum and adjourned the case till Feb. 18 for further hearing.
A businessman, who allegedly obtained N1.7 million under the guise of supplying diesel to a customer, on Thursday appeared before an Ikeja Magistrates Court charged with fraud and stealing.
The accused -- Yusuf Odey, 48, however, pleaded not guilty to the four- count charge.
The prosecution said Odey had between Aug. 30, 2010 and Jan. 31 this year approached Mr Opeoluwa Okunsanya to supply him diesel to the tune of N1.7 million.
The accused got three cheques for the amount, cashed the cheques and failed to deliver the product,’’ the prosecutor, Insp. Eranus Nnamonu, told the court.
He said the offences contravened Sections 1 (1b) of the Dishonoured Cheque (Offences) and 419 of the Criminal Code, Laws of Lagos State.
The Magistrate, A. O. Komolafe, granted the accused bail in the sum of N500,000 in addition to two sureties in like sum and adjourned the case till Feb. 18 for further hearing.
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Employee, who allegedly conspired to rob his colleague, docked in Lagos.
An employee of a new generation bank, Kennedy Onyeka, accused of conspiring with another man to rob his colleague in the bank, was on Thursday docked at an Ikeja Magistrates Court, Lagos.
Onyeka, 31, is standing trial on a two-count charge of conspiracy and attempted robbery.
The prosecutor, Insp. Eranus Nnamonu, told the court that the accused arranged with another man to rob his colleague, Miss Mary Chime, of an undisclosed amount.
Nnamonu said Onyeka had informed his accomplice that Chime had gone to the office of the Federal Road Safety Corps, Ojodu, to collect a huge amount of money.
He said the offence was contrary to and punishable under Sections 403 and 509 of the Criminal Code, Laws of Lagos State.
He said the act was committed on Jan. 21, at the Ogba Bus Stop, Ikeja, Lagos.
Onyeka pleaded not guilty to the charges.
In her ruling, the Magistrate, A.O. Komolafe, granted the accused bail in the sum of N100,000 with two sureties in like sum.
She adjourned the case till Feb. 16 for further hearing.
An employee of a new generation bank, Kennedy Onyeka, accused of conspiring with another man to rob his colleague in the bank, was on Thursday docked at an Ikeja Magistrates Court, Lagos.
Onyeka, 31, is standing trial on a two-count charge of conspiracy and attempted robbery.
The prosecutor, Insp. Eranus Nnamonu, told the court that the accused arranged with another man to rob his colleague, Miss Mary Chime, of an undisclosed amount.
Nnamonu said Onyeka had informed his accomplice that Chime had gone to the office of the Federal Road Safety Corps, Ojodu, to collect a huge amount of money.
He said the offence was contrary to and punishable under Sections 403 and 509 of the Criminal Code, Laws of Lagos State.
He said the act was committed on Jan. 21, at the Ogba Bus Stop, Ikeja, Lagos.
Onyeka pleaded not guilty to the charges.
In her ruling, the Magistrate, A.O. Komolafe, granted the accused bail in the sum of N100,000 with two sureties in like sum.
She adjourned the case till Feb. 16 for further hearing.
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Lawyer, Estate Agent Jailed 100 Years Over N10m Fraud.
A lawyer with over 25 years practice, Kole Bello and an estate agent, Olayinka Ajiboluwaduro have been sentenced to 100 years imprisonment by Justice Olubunmi Oyewole of the Ikeja High Court for defrauding two persons of N10 million.
The two were arraigned on October 1, 2007 by the Economic and Financial Crimes Commission (EFCC) on a 10-count charge of conspiracy and obtaining by false pretence, an offence that is contrary to Section 8(a) and 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, NO. 13 of 1995, as amended, by Act No. 62 of 1999.
Bello, 46, and Ajiboluwaduro, 42, allegedly conspired with Frank (now at large) to sell a plot of land situated at Plot 877, Block 34, Omole Housing Estate Phase 11 to two persons for N10million with a fake Certificate of Occupancy.
EFCC had in their information sheet alleged that Frank impersonated the original owner, Alhaji Suraju Ayilara to collect the money from a banker, Emmanuel Olushola Taylor and a businessman, Eziubochi Mark.
The accused persons were jailed 10 years each on each of the 10 counts offence of conspiracy and obtaining money under false pretence and the sentence according to the court shall run concurrently from October 4, 2007 when the second accused person was remanded in prison.
However, the jail term for the first defendant (Barrister Kole Bello), having been previously granted bail by the court, will commence from February 10 when the court pronounced the sentence.
Oyewole in his judgment held that the entire circumstance of case was unfortunate. Each of the counts attracts a punishment of a minimum of 10 years in imprisonment without an option of fine.
The judge also held that the EFCC proved its case of conspiracy and obtaining money by false pretences beyond any iota of doubt.
From the evidence before this court, the first accused person used his supposed professional, religious and political standing in the society to influence the victims to pay the N10 million to the impostor in his law office.
A lawyer with over 25 years practice, Kole Bello and an estate agent, Olayinka Ajiboluwaduro have been sentenced to 100 years imprisonment by Justice Olubunmi Oyewole of the Ikeja High Court for defrauding two persons of N10 million.
The two were arraigned on October 1, 2007 by the Economic and Financial Crimes Commission (EFCC) on a 10-count charge of conspiracy and obtaining by false pretence, an offence that is contrary to Section 8(a) and 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, NO. 13 of 1995, as amended, by Act No. 62 of 1999.
Bello, 46, and Ajiboluwaduro, 42, allegedly conspired with Frank (now at large) to sell a plot of land situated at Plot 877, Block 34, Omole Housing Estate Phase 11 to two persons for N10million with a fake Certificate of Occupancy.
EFCC had in their information sheet alleged that Frank impersonated the original owner, Alhaji Suraju Ayilara to collect the money from a banker, Emmanuel Olushola Taylor and a businessman, Eziubochi Mark.
The accused persons were jailed 10 years each on each of the 10 counts offence of conspiracy and obtaining money under false pretence and the sentence according to the court shall run concurrently from October 4, 2007 when the second accused person was remanded in prison.
However, the jail term for the first defendant (Barrister Kole Bello), having been previously granted bail by the court, will commence from February 10 when the court pronounced the sentence.
Oyewole in his judgment held that the entire circumstance of case was unfortunate. Each of the counts attracts a punishment of a minimum of 10 years in imprisonment without an option of fine.
The judge also held that the EFCC proved its case of conspiracy and obtaining money by false pretences beyond any iota of doubt.
From the evidence before this court, the first accused person used his supposed professional, religious and political standing in the society to influence the victims to pay the N10 million to the impostor in his law office.
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3 Petrol Attendants Charged With N2.8m Theft
Three petrol attendants with African Petroleum, Okota Road filling station, Okota-Isolo, Lagos State, southwest Nigeria, who have not been remitting sales proceeds to the company’s account, have been arrested.
They have been arraigned before an Ebute-Metta magistrate’s court, Ebute-Metta, Lagos, on a two-count charge of conspiracy and stealing.
The petrol attendants are Olatunji Oni, 30, Ibrahim Olabayo, 40, and Tope Meseko 32.
They were alleged to have conspired and stolen the sum of N2,800,000 belonging to Merit Petroleum Limited, on or before June 2010.
Count two of the offence reads: “that you Olatunji Oni, Ibrahim Olabayo and Tope Meseko, on or about June 2010, at AP filling station, Okota road, Isolo, in the Lagos Magisterial District did steal the sum of N2,800,000, property of Merit Petrol Limited, and thereby committed an offence punishable under Section 390 (9), of the criminal code Cap. C17, Laws of Lagos State of Nigeria, 2003.”
The three accused persons pleaded not guilty to the two count charge.
Mrs. Folashade Kayode, the presiding magistrate admitted them to bail in the sum of N500,000 with two sureties each in like sum.
sureties, the magistrate said, must produce evidence of paying tax to Lagos state government for the past three years, evidence of livelihood and they must be residing within the magisterial district.
The case has been adjourned till 7 March 2011 for trial.
Oyewole further in his judgement noted that the testimonies of the accused persons were riddled with inconsistencies which cannot hold water, adding that they actually conspired with the impostor (Frank) to commit the fraud.
Earlier in the defence lawyers allocutus (Plea for Leniency), lawyer to Bello, Ade Ademuwagun said, “I pray the court to ameliorate the hardship of my client because already his professional standing has been jeopardized. I therefore urge the court to temper justice with mercy because he has played his role both in practice and private life.”
Also, lawyer to Ajiboluwaduro, Adekunle Ojo, while commending the industry of the court throughout the trial, he prayed the court to temper justice with mercy.
He urged the court to impose an option of fine on the convicts.
However, the prosecution said the court should take cognizance of the notoriety of the offence on the negative effect it has had on the generality of Nigerians.
Three petrol attendants with African Petroleum, Okota Road filling station, Okota-Isolo, Lagos State, southwest Nigeria, who have not been remitting sales proceeds to the company’s account, have been arrested.
They have been arraigned before an Ebute-Metta magistrate’s court, Ebute-Metta, Lagos, on a two-count charge of conspiracy and stealing.
The petrol attendants are Olatunji Oni, 30, Ibrahim Olabayo, 40, and Tope Meseko 32.
They were alleged to have conspired and stolen the sum of N2,800,000 belonging to Merit Petroleum Limited, on or before June 2010.
Count two of the offence reads: “that you Olatunji Oni, Ibrahim Olabayo and Tope Meseko, on or about June 2010, at AP filling station, Okota road, Isolo, in the Lagos Magisterial District did steal the sum of N2,800,000, property of Merit Petrol Limited, and thereby committed an offence punishable under Section 390 (9), of the criminal code Cap. C17, Laws of Lagos State of Nigeria, 2003.”
The three accused persons pleaded not guilty to the two count charge.
Mrs. Folashade Kayode, the presiding magistrate admitted them to bail in the sum of N500,000 with two sureties each in like sum.
sureties, the magistrate said, must produce evidence of paying tax to Lagos state government for the past three years, evidence of livelihood and they must be residing within the magisterial district.
The case has been adjourned till 7 March 2011 for trial.
Oyewole further in his judgement noted that the testimonies of the accused persons were riddled with inconsistencies which cannot hold water, adding that they actually conspired with the impostor (Frank) to commit the fraud.
Earlier in the defence lawyers allocutus (Plea for Leniency), lawyer to Bello, Ade Ademuwagun said, “I pray the court to ameliorate the hardship of my client because already his professional standing has been jeopardized. I therefore urge the court to temper justice with mercy because he has played his role both in practice and private life.”
Also, lawyer to Ajiboluwaduro, Adekunle Ojo, while commending the industry of the court throughout the trial, he prayed the court to temper justice with mercy.
He urged the court to impose an option of fine on the convicts.
However, the prosecution said the court should take cognizance of the notoriety of the offence on the negative effect it has had on the generality of Nigerians.
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Carnco Dragged To Court Over Unpaid Loan
In a bid to recover the debt of N172,150,201.09, Afribank Plc has dragged Carnco Foods Nigeria Ltd and two of its directors; Neela Sankey and Amit Sankey before a Federal High Court in Lagos.
The bank alleged that sometime in January 2006, Carnco Food Nigeria Ltd applied for the renewal of its existing facilities comprising the following (a) overdraft of N75 million; (b) a short term working capital of $1 million; (c) a short term loan for local purchase of N10 million and (d) a duty finance of N15 million.
The facilities were allegedly guaranteed by Mrs. Neela Sankey and Amit Sankey.
The bank said all its efforts to recover the debt from Carno Company proved abortive as the company refused and neglected to repay the facilities.
Therefore, the outstanding balance to be paid by the company as at 18 May, 2010 remains N173,150,201.29 with the accrued interest that was guaranteed by Mrs. Neela Sankey and Amit Sankey, vice chairman and managing director of the company respectively.
The claim of Afribank Plc against Carno Food Nigeria Limited is in the sum of N172,150,201.29 with interest at the rate of N20.5% per annum from 12 May, 2010 until judgement is delivered and thereafter, interest at the rate of N10% per annum until the debt is liquidated.
In its defence, the company, while denying almost all the averments of the Afribank, said that the bank, without consulting with it, collapsed all the facilities, varying interest rates and tenures into its assent and arrived at the stated figure as debt.
This was disputed and is been challenged by Carnco in several correspondents and is the subject of litigation in suit number LD/1270/10 at the Lagos High Court in which the bank is a defendant.
In their defence, Neela Sankey and Amit Sankey specifically denied that they executed a personal guarantee sequel to any letter of offer or any other transaction.
In view of this, they urged the court to dismiss the suit with substantial costs as it is frivolous and vexations.
In a bid to recover the debt of N172,150,201.09, Afribank Plc has dragged Carnco Foods Nigeria Ltd and two of its directors; Neela Sankey and Amit Sankey before a Federal High Court in Lagos.
The bank alleged that sometime in January 2006, Carnco Food Nigeria Ltd applied for the renewal of its existing facilities comprising the following (a) overdraft of N75 million; (b) a short term working capital of $1 million; (c) a short term loan for local purchase of N10 million and (d) a duty finance of N15 million.
The facilities were allegedly guaranteed by Mrs. Neela Sankey and Amit Sankey.
The bank said all its efforts to recover the debt from Carno Company proved abortive as the company refused and neglected to repay the facilities.
Therefore, the outstanding balance to be paid by the company as at 18 May, 2010 remains N173,150,201.29 with the accrued interest that was guaranteed by Mrs. Neela Sankey and Amit Sankey, vice chairman and managing director of the company respectively.
The claim of Afribank Plc against Carno Food Nigeria Limited is in the sum of N172,150,201.29 with interest at the rate of N20.5% per annum from 12 May, 2010 until judgement is delivered and thereafter, interest at the rate of N10% per annum until the debt is liquidated.
In its defence, the company, while denying almost all the averments of the Afribank, said that the bank, without consulting with it, collapsed all the facilities, varying interest rates and tenures into its assent and arrived at the stated figure as debt.
This was disputed and is been challenged by Carnco in several correspondents and is the subject of litigation in suit number LD/1270/10 at the Lagos High Court in which the bank is a defendant.
In their defence, Neela Sankey and Amit Sankey specifically denied that they executed a personal guarantee sequel to any letter of offer or any other transaction.
In view of this, they urged the court to dismiss the suit with substantial costs as it is frivolous and vexations.
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Fidelity Bank employee charged with theft of air conditioners
An employee of Fidelity Bank, Babangida Ibrahim, was on Thursday in Lagos arraigned for allegedly stealing four air conditioners, property of the bank.
Ibrahim, 19, who is standing trial before an Igbosere Magistrates Court on one-count charge of stealing, has pleaded not guilty.
The accused was alleged to have stolen the items valued at N280,000 at the bank’s branch on Adeola Odeku Street, Victoria Island, on Jan. 27.
The prosecutor, Sgt. Ifije Austin, said the offence contravened Section 390 of the Criminal Code, Laws of Lagos State.
The Magistrate, O. Martins, granted the accused bail in the sum of N20,000 with two sureties in like and adjourned the case till Feb. 16 for further hearing.
An employee of Fidelity Bank, Babangida Ibrahim, was on Thursday in Lagos arraigned for allegedly stealing four air conditioners, property of the bank.
Ibrahim, 19, who is standing trial before an Igbosere Magistrates Court on one-count charge of stealing, has pleaded not guilty.
The accused was alleged to have stolen the items valued at N280,000 at the bank’s branch on Adeola Odeku Street, Victoria Island, on Jan. 27.
The prosecutor, Sgt. Ifije Austin, said the offence contravened Section 390 of the Criminal Code, Laws of Lagos State.
The Magistrate, O. Martins, granted the accused bail in the sum of N20,000 with two sureties in like and adjourned the case till Feb. 16 for further hearing.
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Land speculator in trouble over land sale
A land speculator, Abiodun Lawal, who allegedly sold 10 plots of land, valued at N5 million to a firm, was on Thursday charged before an Igbosere Magistrates Court, Lagos.
Standing trial on a three-count charge of conspiracy, stealing and act likely to cause breach of the peace, the accused, 44, however, insisted on his innocence.
The prosecutor, Sgt. Stephen Molo, said the accused with another still at large had between 2009 and 2010 at Kajola Town, Lekki, conspired and sold the land claiming ownership through inheritance.
He said the landed property was legally acquired by Mr Ogwurumba Anayo and Helko Nigeria Ltd, Lagos.
Molo said the offence contravened Sections 81 and 516 of the Criminal Code, Laws of Lagos State.
The Magistrate, F.A. Botoku, granted the accused bail in the sum of N2 million with two sureties in like sum.
The case has been adjourned till Feb. 28 for further hearing.
A land speculator, Abiodun Lawal, who allegedly sold 10 plots of land, valued at N5 million to a firm, was on Thursday charged before an Igbosere Magistrates Court, Lagos.
Standing trial on a three-count charge of conspiracy, stealing and act likely to cause breach of the peace, the accused, 44, however, insisted on his innocence.
The prosecutor, Sgt. Stephen Molo, said the accused with another still at large had between 2009 and 2010 at Kajola Town, Lekki, conspired and sold the land claiming ownership through inheritance.
He said the landed property was legally acquired by Mr Ogwurumba Anayo and Helko Nigeria Ltd, Lagos.
Molo said the offence contravened Sections 81 and 516 of the Criminal Code, Laws of Lagos State.
The Magistrate, F.A. Botoku, granted the accused bail in the sum of N2 million with two sureties in like sum.
The case has been adjourned till Feb. 28 for further hearing.
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