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Alleged N8.5bn Fraud: Court discharges ex-NIMASA DG, Akpobolokemi

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Alleged N8.5bn Fraud: Court discharges ex-NIMASA DG, Akpobolokemi

Alleged N8.5bn Fraud: Court discharges ex-NIMASA DG, Akpobolokemi

A Federal High Court in Lagos, on Monday, discharged a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi, and one other of alleged N8.5 billion fraud.

Akpobolokemi was charged alongside a former Commander of the Joint Task Force Operation Pulo Shield, retired Maj-Gen. Emmanuel Atewe and two other staff members of the agency, Kime Engonzu and Josphine Otuaga, on 22 counts bordering on fraud.
They had each pleaded not guilty to the charges and were granted bail by the court.
Justice Ayokunle Faji discharged and acquitted Akpobolokemi and the fourth defendant (Otuaga), while ruling on a no-case submission filed by them.

The court held that the prosecution failed to establish a prima facie case against them. Meanwhile, Justice Faji held that the second defendant (Atewe) and third defendant (Engunzu) had a case to answer in counts 12 to 22 of the charge.

The EFCC had arraigned the defendants on a 22-count charge bordering on conspiracy, fraudulent conversion and stealing.

After they pleaded not guilty to the charges, the commission opened its case, called a total of 11 witnesses and tendered several exhibits in support of its case.

The prosecution, subsequently, closed its case. The defendants, however, rather than open their defence filed a no-case submission before the court, on the grounds that the EFCC had not been able to link them with the alleged offences.

Delivering his ruling on the no-case submission, Justice Faji held that none of the witnesses called by the prosecution led any evidence linking the first and fourth defendants to the offences.

The court, consequently, held that having regard to the totality of evidence led by the prosecution, no prima facie case had been established against the first and fourth defendants, warranting a defence.

The court discharged the defendants but held that the second and third defendants had a case to answer and should open their defence.

The court adjourned the case until May 6 for the continuation of the trial of the other defendants.
(NAN)

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Supreme Court nullifies Rivers LG elections

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Supreme Court

The Supreme Court on Friday, nullified the Local Government election in Rivers State, which was conducted on Oct. 5, 2024.

A five-member panel of the apex court unanimously held that the election was conducted in violation of relevant laws.

Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC), that conditions precedent were not complied with before the Rivers State Independent Electoral Commission (RSIEC) held the election.

Justice Tukur held that there was no evidence that the voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.

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Supreme Court dismisses Fubara’s suit seeking to remove 27 pro-Wike lawmakers

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Supreme Court

The Supreme Court on Monday dismissed the suit by Rivers State Governor, Siminalayi Fubara seeking to remove 27 members of the State House of Assembly on ground of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

Justice Uwani Aba-Aji delivered the judgment following the dramatic withdrawal of the appeal by Fubara through his lead counsel, Yusuf Ali, SAN.

Fubara in the notice for withdrawal of the case simply informed a three-man panel of justices of the court that events have overtaken his suit and that the lawmakers are their friends.

The request for the withdrawal of the contentious suit was not opposed by the Rivers States House of Assembly and its Speaker, Martin Amaewhule who were represented by Chief Wole Olanipekun, SAN.

Olanipekun, however, demanded for outright dismissal of the suit on the premise that parties have filed and exchanged their brief of arguments and thus, joined issues with each other.

He argued that the proper order to be made in the circumstances is the dismissal of the case which the court agreed with.

Following no objections from parties, the apex court dismissed it and awarded two million each against Fubara to be paid to the House of Assembly and Amaewhule.

Addressing newsmen shortly after the dismissal of the suit, Ken Njemanze, SAN said that the coast has been finally cleared for the 27 lawmakers to take over the House of Assembly fully.

Njemanze said that all steps taken by Fubara in the absence of the 27 lawmakers, including presentation of the 2024 and 2025 budgets to only four lawmakers among others, have become a nullity.

The Court of Appeal had on October 10, 2024 dismissed Fubara’s an appeal on the same matter.

The Federal High Court in Abuja

presided over by Justice James Omotosho on January 22, 2024, also nullified the passage of Rivers State’s N800 billion 2024 budget by four members of the House of Assembly.

The court had described the bill’s passage by the four lawmakers, led by Hon. Ehie Edison, as an aberration and illegality.

It consequently ordered Fubara to re-present the budget to the Martins Amaewhule-led Assembly.

The suit filed by the 27 members of the Assembly loyal to former governor of the state and Federal Capital Territory (FCT) Minister, Nyesom Wike filed the suit which got the blessings of the lower court.

Listed as defendants of the suit marked FHC/ABJ/CS/1613/2023 are the National Assembly, the Senate, the House of Representatives, and the Clerk to the National Assembly.

Others include Governor Fubara, Hon. Edison, the Rivers State Civil Service Commission, and the Inspector-General of Police(IGP).

Justice Omotosho had while ruling on an ex-parte motion by the 27 legislators issued an interim order restraining Fubara and his agents from obstructing the pro-Wike legislators from carrying out their constitutional duties.

He also restrained the governor from removing/redeploying the Clerk of the Assembly and withholding funds meant for the Assembly, pending the determination of the substantive suit.

The governor had also prevented the pro-Wike legislators from sitting by demolishing a part of the Assembly complex and withholding funds for legislative functions.

Delivering judgment, Justice Omotosho had held that the four lawmakers’ passage of the budget and other actions taken while the 30 November 2023 order subsisted amounted to a nullity.

He said the governor acted like a tyrant in the manner the Assembly complex was partially demolished and funds for legislative activities withheld.

The judge had issued an order restraining Fubara from frustrating the Assembly-led by Hon. Amaewhule from sitting or interfering in its activities.

He also described as unlawful, Governor Fubara’s redeployment of the Clerk and Deputy Clerk out of the Assembly, stating that the action amounted to an affront on separation of power.

The judge ordered the Clerk and the Deputy Clerk to resume office immediately and unhindered.

Apart from also asking Fubara to promptly release all monies standing to the credit of the Assembly, he also ordered the Inspector General of Police (IGP) to immediately deploy his operatives to the Assembly complex.

The judge had also barred the National Assembly from taking over the Assembly or accepting or treating any request by Governor Fubara on any matter affecting the Legislature.

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Judiciary

Man in court for sexually harassing neighbour’s wife

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Security guard docked for allegedly stealing N10m cocoa beans

The police on Thursday arraigned a 42-year-old man, Ogundare Anuoluwapo in Ado-Ekiti for sexually harassing his neighbour’s wife.

Anuoluwapo, whose address was not provided, was charged with sexual harassment before an Ado-Ekiti Chief Magistrates’ Court.

He, however, pleaded not guilty to the charge.

The prosecutor, Sgt. Alice Ojo, told the court that the defendant committed the offence on Dec. 8, 2024 at 5.00p.m in Ado-Ekiti.

Ojo said that the defendant sexually harassed his neighbour’s wife, Mrs Esther Sikiru, by constantly requesting for sexual intercourse from her.

She said that the defendant also threatened the complainant during the sexual overtures.

The prosecutor said that the offence contravened Section 270(1)&(2) of the Criminal Law of Ekiti State, 2021.

She urged the court to adjourn the case to enable her study the file and assemble witnesses.

The defence counsel, Mrs Adunni Olanipekun, urged the court to grant her client bail, promising that he would not jump bail.

The Chief Magistrate, Mr Abayomi Adeosun, granted the defendant bail in the sum of N50,000 with one surety in like sum.

Adeosun adjourned the case until Feb. 20 for mention.

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