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Judiciary

Court dismisses forgery allegation against Mbah, fines NYSC N5m

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Supreme Court Affirms Peter Mbah as Enugu Governor

Court dismisses forgery allegation against Mbah, fines NYSC N5m

A Federal High Court sitting in Abuja has dismissed the allegation of forgery against the Enugu State Governor, Peter Mbah.

The court also imposed a fine of N5 million on NYSC for alleging that the corps’ discharge certificate held by Mbah was fake.

Mbah had sued the NYSC and its Director of Corps Certification, Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on January 6, 2003.

But the NYSC, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.

Delivering judgment on the matter on Monday, Justice Inyang Ekwo held that the certificate presented to the Independent National Electoral Commission, INEC, by Mbah, was authentic and validly issued by the NYSC.

Read Also: Tribunal Dismisses NYSC Certificate Forgery Case Against Enugu Gov

Ekwo added that the Director-General of the NYSC and the corps, who were defendants in the suit, were guilty of misrepresentation of material facts.

The court said Mbah, midway into his service, sought and, after receiving permission from the NYSC to attend the Nigeria Law School, was reinstated into the NYSC in 2003.

The court held that with the unchallenged evidence of the plaintiff on how the discharge certificate was issued to him in 2003 by NYSC after serving in a law firm in Lagos and the inability of the Corps to come up with counter-evidence, it was crystal clear that the plaintiff served the mandatory one-year service.

Among others, Justice Ekwo held that the onus to prove forgery allegations lies heavily on the NYSC, stating that the organisation failed in that regard.

The court found that Mbah’s evidence was heavier and more believable.

Court dismisses forgery allegation against Mbah, fines NYSC N5m

Crime

Trader bags 9 months jail term for attempted theft

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Trader bags 9 months jail term for attempted theft

A Jos Magistrates’ Court on Monday sentenced a 20-year-old trader, Darwang Chung, to nine months in prison for attempted theft.

Chung, who resides at Gyel in Jos South, pleaded guilty to the one count charge of attempted theft.

The Magistrate, Mr Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos, in his judgement, gave the convict an option of N30,000 fine, or to risk six months in prison and a compensation of N15,000 or another 3 months in prison in default.

Earlier, the Prosecutor, Insp. Labaran Ahmed, told the court that the case was reported on Oct. 6, at the”B” Division Police Station by one Yohanna Dalyop, the complainant.

Ahmed said the convict jumped over the fence into the house of the complainant and was caught.

He said that the offence contravened the Plateau State Penal Code Law.

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Judiciary

Alleged Procurement Fraud: Emefiele’s coys got preferential treatment – witness tells court

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prosecution witness, Mr Stephen Gana, on Monday told an Abuja High Court that two companies belonging to former Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele got preferential treatments in vehicle procurement contracts bidding.

The witness, made this known while testifying in the case of alleged procurement fraud preferred against Emefiele  by the Economic and Financial Crimes Commission (EFCC).

Gana who is the Prosecution Witness (PW10), was the former Head of Procurement Department.

The witness led in evidence by the prosecution counsel, Rotimi Oyedepo, SAN confirmed that he was in office when  contracts for vehicles contained in Exhibits F4 to F45, were approved.

The witness told the court that Toyota vehicles obtained at the cost of N99,900,000 was acquired by the CBN from April ”1616” Company Ltd through direct procurement .

Referring to Exhibit F5, Gana said two Toyota hilux were obtained at the cost of N23,100,000 each through selective bidding.

He said April 1616 company, was awarded the contract having placed the lowest bid and aligning with the CBN’s in-house estimate of the same sum.

Earlier, the witness had testified that at the CBN, contracts could be awarded through direct procurement or selective bidding.

He added, depending on the guidance of the Director of procurement department who works in team with the Deputy Director, the Head of Procurement(himself) and the procurement officer.

After his testimony, the prosecution counsel prayed the court to grant him an adjournment different from the earlier date of Oct. 22.

“I am appearing in a case filed by Kogi and 15 other states against the EFCC in the Supreme court on Tuesday,” he told the court.

The defence counsel, Matthew Burkaa, however, did not object to the prayer but pointed out that cost of movement was high now and such be considered.

Justice Hamza Muazu then adjourned the matter until Nov 13, for continuation and hearing of the application.

Earlier, the defence counsel, Burkaa, had opposed the prosecution’s amended additional proof of evidence served on them.

Burkaa challenged the process and manifestation of intent to call two witnesses who were not listed earlier.

He said the defence was not challenging the charge but bringing in of new witnesses to testify.

NAN reports that Emefiele was alleged to have engaged in criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

Among the allegations was that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023.

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Judiciary

Akinlade faults irregular dressing to court by law students externs

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Akinlade faults irregular dressing to court by law students externs

The Convener of the Duty Solicitors Network (DSN), Mr Bayo Akinlade, has urged legal practitioners to collaborate in educating law school externs on the proper dress code for court.

Akinlade spoke with the News Agency of Nigeria (NAN) on Monday regarding dress codes observed by some law school externs on court attachment.

NAN reports that students of Nigerian Law School have commenced their externship or court attachment, which is expected to run through several weeks.

These externships are compulsory for every law student before the bar final examinations.

According to him, some of these externs appear confused and have visibly drifted away from the acceptable mode of dressing provided by legal profession ethics.

Consequently, he called on legal practitioners to make it a duty to guide these externs on the proper dress code to court.

“When some lawyers dress inappropriately to court, I do my best to let them know as it reflects on their level of appreciation for ethics in this noble profession.

“For externs; it is sad to see some male externs wearing waistcoats without jackets or just plain whites with a black tie without jackets.

“The same goes for the female externs who wear a white blouse without a jacket.

“My concerns have been escalated several times to the law school which has consistently reiterated that the externs are required to wear a black jacket during their externship.

“It is unfortunate to still see some externs not properly dressed to court despite instructions from the law school,” he said.

He, therefore, urged senior lawyers, to join hands in leading the young law students on the right path, to preserve the ethics of legal practice.

“I would like to implore lawyers in practice to please correct improper dressings by externs and even colleagues and to ensure that even during chamber attachments, these externs wear the proper combination of attires.

“Until we are permitted or agree to wear our traditional cultural attire to court, the suit remains the standard,” he said.

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