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Justice Binta Nyako withdraws from Nnamdi Kanu’s trial

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Justice Binta Nyako withdraws from Nnamdi Kanu’s trial

Justice Binta Nyako withdraws from Nnamdi Kanu’s trial

Justice Binta Nyako of a Federal High Court in Abuja, on Tuesday, recused herself from the trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB).

Justice Nyako withdrew from the case following oral applications by Kanu and his lawyer, Aloy Ejimakor, upon resumed hearing in the seven-count terrorism charge filed by the Federal Government.

At the resumed hearing, the Federal Government’s lawyer, Adegboyega Awomolo, SAN, said the matter was got continuation of trial and he was ready to proceed.

But Kanu’s lawyer, Alloy Ejimakor, asked the court to adjourn the trial due to two pending appeals challenging the court’s jurisdiction.

Awomolo argued that a criminal trial cannot be stalled because of a pending appeal and that the defence should file for a stay of proceedings at the appellate court.

The judge stated that the parties should not delay the matter, having ruled that the court would not attend to any applications until the end of the trial.

Ejimakor insisted it was inappropriate to continue with the trial when he had not adequately prepared his client.

He asserted that all court orders directing that his client should be allowed to prepare for his defence had allegedly been disobeyed.

Justice Nyako then directed that a prosecution witness be called.

While Ejimakor was addressing the court, Kanu stood up from his seat in the dock and ordered him (Ejimakor) to sit down in anger.

“Sit down! I say you should sit down!” Kanu screamed from the dock.

He insisted that the Supreme Court had ruled that his fundamental rights should not be violated by the detaining authority, especially regarding access to his lawyers.

Turning to Justice Nyako, the IPOB leader said: “My lord, I have no confidence in this court any more and I ask you to recuse yourself because you did not abide by the decision of the Supreme Court.

“I can understand it if the DSS refuse to obey a court order, but for this court to refuse to obey an order of the Supreme Court is regrettable.

“I am asking you to recuse yourself from this case,” Kanu stated.

But Awomolo countered the argument on the Supreme Court’s judgment delivered in 2023.

He argued that the apex court mandated the lower court to proceed with the hearing and determination of Kanu’s trial.

He stated that Kanu’s claims did not align with the Supreme Court’s verdict.

“This is clearly an incompetent and audacious observation,” Awomolo said.

The judge responded that, as far as she was concerned, there was nothing in the Supreme Court’s lead judgment that supported Kanu’s assertion.

She expressed surprise that Kanu would stand up and yell at his counsel.

“I hereby recuse myself from this case and remit the file to the Chief Judge for further necessary action,” Nyako stated.

The judge said she could not proceed with a trial where a defendant lacked confidence in the court.

Awomolo expressed his appreciation to the judge, lamenting that it was a very unfortunate day.

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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