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Judiciary

Court dismisses Abba Kyari’s plea seeking to void charge against him

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Court remands man for allegedly stealing motorcycle

A Federal High Court, Abuja, on Wednesday, dismissed an application filed by suspended DCP Abba Kyari seeking an order dismissing the National Drug Law Enforcement Agency (NDLEA)’s charge against him.

Justice Emeka Nwite, in a ruling, held that the court had the exclusive right and jurisdiction to hear drug-related cases as enshrined in the constitution of the Federal Republic of Nigeria and the NDLEA Act

The News Agency of Nigeria (NAN) reports that Justice Nwite had on Jan. 18, adjourned for ruling in the application filed by Kyari and three other co-defendants in the suit bordering on a drug offence.

The applicants are Kyari, ACP Sunday Ubia, Insp Simon Agirigba and Insp John Nuhu.

They had prayed the court to quash the criminal charge against them, in fresh motions on notice filed by their lawyers on the grounds that the suit was incompetent.

They urged the court to stop their trial because they had not been subjected to the internal disciplinary action of the Nigeria Police Council (NPC) and the Police Service Commission (PSC), as provided by the constitution.

They said that the failure of the complainant (NDLEA) to await the disciplinary action against them rendered the charge incompetent and deprived the court of jurisdiction to entertain the charge.

But the NDLEA counsel, Mr Joseph Sunday, opposed the application.

He argued that most of the cases cited by lawyers to the defendants did not relate to Police Service Act, saying the instant charge against the defendant was a criminal matter.

He submitted that the defendants through their applications had not, by way of affidavit or legal argument, established any condition precedence required for the filing of this charge.

“To that extent, their application must fail and be bereft of any factual evidence,” he said.

Sunday urged the court to dismiss the application and proceed to the hearing of the matter.

Delivering the ruling, Justice Nwite held that the powers of the Police Service Commission did not supersede the powers of the FHC.

He said that the subject matter of the case was within the jurisdiction of the court.

According to the judge, Section 251(2)(F) and (3) of the Constitution confers the court the power to hear and determine the charge.

The News Agency of Nigeria (NAN) reports that on Sept. 5, 2022, in a fresh suit filed at the federal high court, the NDLEA accused Kyari of non-disclosure of assets.

According to the fresh 24 charges, the NDLEA said Mr Kyari failed to declare his ownership of the property in different locations in the Federal Capital Territory, Abuja and Maiduguri.

The anti-drug agency also said over N207 million and 17,598 Euro were also found in his various accounts in three banks.

(NAN)

Judiciary

Court dissolves 16-year-old “loveless” marriage

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Court dissolves 16-year-old “loveless” marriage

Court dissolves 16-year-old “loveless” marriage

An Upper Area Court in Kubwa, Abuja, has dissolved a 16-year-old marriage between Hajarat Isa and her husband, Muhammed Hassan, for lack of love.

The Judge, Mohammed Wakili dissolved the marriage according to Islamic Law, following Isa’s prayer for divorce on the said ground.

Wakili ordered that the divorce certificate be issued to the plaintiff adding that she would not observe “Iddah” because the couple had not consummated since 2022.

Iddah is a waiting period to be observed for three months before contracting another marriage.

Earlier, the petitioner, a mother of four, had told the court she got married to the respondent under Islamic law in 2008.

She said that she was no longer interested in the marriage and prayed that the court grant her request for a divorce on grounds of lack of love.

The respondent however said that he divorced his wife and remarried her in 2022 which was in his absence because he travelled to his hometown while the marriage was contracted.

“I will grant her a divorce but want her to return all my belongings in her possession.

“She sold my television, a PlayStation I bought for the children and my clothes and shoes.

“We have not consummated the marriage since 2022 and I gave her a shop and capital to start up a business before I travelled. When I got back she sold my gym equipment while I was around,” he said.

The plaintiff said that in 2022, the respondent travelled to his home town for one year and seven months and only sent money once in a while.

“I was the only one taking care of our four children and two more he had with his ex-wife, I sold the said items to take care of our children, I am a private teacher and was paid only N15,000 when he left.

“I later fell very sick and that was when he returned. My younger brother had to come to help me with the children while my older sister took care of me,” she said.

She added that she did not sell his gym equipment but had explained to him that they got stolen and the reason she sold other items was for upkeep.

The respondent however told the court that he believed the plaintiff may have sold the items for upkeep while he was away and forgave her for it.

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Crime

Court remands 2 housewives for allegedly assaulting neighbour

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A Sharia Court in Kano State on Monday remanded two housewives in a correction centre for assaulting their neighbour.

The police charged Sa’adautu Abubakar, 33, and Amina Abdulkadir,20, all of Mandawari Sabon Titi, in Gwale Local Government Area of Kano, with criminal intentional hurt and intimidation.

When the charge was read to them, they both pleaded not guilty.

The Judge, Malam Umar Lawal-Abubakar, ordered that they should be remanded in the  Goron Dutse correction centre in Kano.

He adjourned the case until Sept 18 for further mention.

Earlier, the Prosecutor, Insp Abdullahi Wada told the court that the complainant, Firdausi Aliyu who also resides in Mandawari Sabon Titi, reported the matter at the Mandawari Police Station on Aug 28.

Wada said that the complainant had a misunderstanding with the defendants about some money.

He said that the defendants attacked Aliyu with a pestle and also bit her hand which led to serious injuries.

The prosecutor said the offence contravened the provisions of Section 158 of the Penal Code.

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Headlines

Court discharges six #Endsars protesters

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An Ikeja Chief Magistrate’s Court on Thursday discharged and acquitted six men charged with breach of the public peace during the 2020 #Endsars protest.

They are Daniel Joyinbo, 31, Adigun Sodiq, 28, Kehinde Shola,32, Salaudeen Kamilu, 29, Sodiq Usseni, 33 and Azeez Isiaka, 34.

The defendants had in a plea bargain agreement, pleaded guilty to a count charge of breach of the public peace preferred against them by Lagos State Government.

After listening to the plea bargain agreement, the Magistrate, Mrs Bola Osunsanmi, found the defendants guilty and convicted them of the offence.

She, however, cautioned and discharged them, adding that they had spent almost four years in custody.

Earlier, the Director for Public Prosecutions (DPP), Dr Babajide Martins, told the court that he had an amended charge.

He said that the defendants committed the offence on Nov. 23, 2020, at 12:00 p.m., at Ebutte Metta, Lagos.

According to him, the defendants conducted themselves in a manner likely to cause a breach of the public peace.

He said that the offence contravened Section 168(d) of the Criminal Law of Lagos State, 2015.

Martins, however, urged the court to sentence the defendants based on their plea.

Their legal representative, Mr T.D Ojeshino, pleaded to the court to tamper justice with mercy.

“My lord, I plead the court to tamper justice with mercy as the defendants are first-time offenders.

“Some are breadwinners of their families and still very young.

“They have been in custody since 2020 and have truly learnt their lessons,” he said.

(NAN)

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