Mohammed Shosanya

A Lagos Federal High Court has ordered the Lagos State Government to launch an investigation into the death of Mr. Pelumi Onifade, a 20-year reporter with Gboah TV, an online television channel, who was reportedly arrested by officers attached to a Lagos state task force while covering the #EndSARS protests in 2020.

He was later found dead at a mortuary in Ikorodu in Lagos, where his body was deposited.

The Court also ordered the state government to conduct a coroner’s inquest to ascertain the cause of the death of Mr. Onifade as well as identify and prosecute those responsible.

Delivering verdict in a suit filed by Media Rights Agenda (MRA) over the death of the journalist against the Police and the Lagos State Government, Justice Ayokunle Olayinka Faji agreed that the Government’s chief law officer “cannot just conduct an inquest without a duplicate of the case-file”.

He ruled that section 74 of the Administration of Criminal Justice Law (ACJL) of Lagos State gives the Attorney-General the power to request for a case-file from the Commissioner of Police.

The court dismissed five of the claims made by MRA against the Police on the ground that there was no evidence before the court to support them.

Justice Faji noted that none of the facts in MRA’s affidavit was denied by the Attorney-General who only raised an issue of law, adding that in the course of oral arguments, the Attorney-General’s counsel also undertook to conduct an inquest.

Lagos-based lawyer, Mr. Charles Musa, filed an originating summons on August 4, 2021, on behalf of MRA, against the Lagos State Commissioner of Police (COP), the Inspector-General of Police (IGP) and the Attorney-General of Lagos State.

In the suit filed pursuant to Sections 6(6) and 46(1) as well as 33, 35 and 39 of the 1999 Constitution; Articles 4, 5 and 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 2004; and Order II Rules 1, 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, the organization is asking the court to declare that:

· Mr. Onifade’s shooting in Oko Oba in Agege Local Government Area of Lagos State, by agents of the COP and the IGP on October 24, 2020 in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by section 33 of the 1999 Constitution (as amended) and Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004;

· Mr. Onifade’s arrest and unlawful or restriction of his liberty by agents of the COP and the IGP on October 24, 2020 in the course of his journalistic work is unconstitutional and a gross violation of his fundamental rights as guaranteed by sections 35, 39 and 46(1) of the 1999 Constitution and Articles 5 and9 of the African Charter.

· The constitutional and statutory duties of the respondents do not extend to unlawful detention of innocent individuals who have not been charged to Court or found guilty of any offence by a competent court of law in Nigeria; and

· The cop and the IGP have an obligation to investigate crimes committed against Mr. Onifade, a journalist exercising his right to freedom of expression as guaranteed under Sections 33 and 39 of the Constitution and Articles 4 and 9 of the African Charter.

MRA also asked the court to issue three orders,directing the respondents to launch a transparent, impartial and independent investigation into the circumstances of the death of Mr. Onifade whose body was found in a morgue in Lagos; directing them to conduct a coroner’s inquest to ascertain the cause of his death; and directing them to identify and prosecute those responsible for his death.

In his verdict Justice Faji pointed out that although the COP and the IGP were served with the originating summons and other processes in the suit, they did not file any response.

He noted that Mr. John Gbadamosi, MRA’s Programme Officer who deposed to the affidavit in support of suit, did not witness any of the facts relevant to the matter, adding that there was also no documentation in support of the claim that Mr. Onifade’s corpse was deposited in a mortuary.

He also observed that although there was constant reference in the affidavit to the family of the deceased who, he said, would have the necessary information regarding their various interactions with the Police, none of them filed any evidence in support of the incident. He therefore dismissed the claims against the Police for lack of evidence.

He commended the Office of the Attorney-General of Lagos State for upholding the duties of the office by attending court and assisting the court in the matter.

He noted that the explanation by the Attorney-General’s lawyer that the reason a coroner’s inquest was not conducted was because the duplicate of the case file was not forwarded to his office.

According to him, in response to the court’s question on what the Attorney-General did about the matter since being served with the court processes, the lawyer submitted that the Attorney-General is ready to conduct an inquest.

Justice Faji maintained that the Attorney-General is not alleged to have known about the alleged unlawful killing of Mr. Onifade and is also not accused of being involved in the killing but that as stated by MRA, he has a duty to conduct an inquest into the circumstances of the death.

He said:“Indeed, in paragraph 15 of the counter­ affidavit, the 3rd respondent (the Attorney-General) has stated that he would prosecute anyone found to have a prima facie case established against him”.

Justice Faji directed the Attorney-General to take all necessary steps to see to the investigation of the circumstances of the death of Mr. Onifade and to conduct a coroner’s inquest to ascertain the cause of the death as well as identify and prosecute those responsible for his death.

Mohammed Shosanya

The Independent Corrupt Practices and Other Related Offences Commission (ICPC),has arraigned three staff members of Ekiti State Teaching Hospital over allegations of forgery and deceits.

A statement by Demola Bakare, Ag. Director, Public Enlightenment and Education and Spokesperson for the Commission indicated that, the three-staff members, Mr. Fatuki Adebayo Paul, Mr. Babalola Idris Adebayo and Mr. Afolayan David Ayodele were arraigned before Justice Lekan Ogunmoye of the Ekiti State High Court on Wednesday.

In a charge number: HAD/02ICPC/2024,ICPCarraigned the trio on a six-counts charge bordering on forgery of a document contrary to and punishable under Section 467 of the Criminal Code Act Cap C28 LFN 2004, and knowingly and corruptly giving a document with false information with intent to deceive the principal, contrary and punishable under Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act, 2000.

The three defendants, however, pleaded not guilty when the charges were read to them.

Counsel for the defendants, Mr. Rotimi Adabembe and Mr. Busayo Sule separately prayed to the court to grant their clients bail on liberal terms, having entered the not guilty plea.

Counsel to the ICPC, Mr. Kehinde Adetoye did not oppose the bail applications filed.

Justice Ogunmoye granted the defendants to bail in sum of two million naira and two sureties in like sum, one of whom must hold a directorial position within the Ekiti State Government and evidence of their residence within the jurisdiction must be confirmed.

Mohammed Shosanya

The twelve of the twenty-five students from Ajayi Crowther University, Oyo, who were facing charges of conspiracy, murder, and negligence, have been freed by Iyaganku Chief Magistrates’ Court in Ibadan, the capital of Oyo State.

The twelve students,who were discharged on Monday are:Kehinde Martins, Samuel Okorie, Mustapha Khalid, Yusuf Adeniran, Joseph Areoye, Iyanuoluwa Oyelakin, Obaloluwa Olalekan, Emmanuel Adejumobi, John Daudu, Moses Abiola, Hammad Tijani, and David Kolawole.

Chief Magistrate Olabisi Ogunkanmi ruled that there was no evidence linking these students to the alleged offences, as indicated by the legal advice received

The students had initially been arraigned and remanded in a correctional facility pending legal advice.

Besides,one of the defendants, Femi Oladoye, a security guard at the university, was granted bail in the sum of N250,000 with two sureties in like sum.

Oladoye had been charged with negligence of duty for failing to prevent the beating that led to the death of a 22-year-old student, Jefry Akro.

The prosecutor, CSP Funke Fawole, stated that the defendants were alleged to have caused Akro’s death on May 24 at about 9 p.m. by beating him with planks and electrical wires.

The court has adjourned the case until July 8 for further mention.

The charges include violations of Sections 516, 515, and 324 of the Criminal Laws of Oyo State, 2000.

Mohammed Shosanya

The Court of Appeal, Lagos Division,has affirmed the verdict of a Lagos State High Court, which sentenced Nollywood actor, Olanrewaju James, popularly called Baba Ijesha to five years imprisonment for sexually assaulting a 14-year-old.

The appellate court in its unanimous decision on Friday, found the Appellant (Baba Ijesha) guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulted her.

The court,however,set aside his conviction on indecent treatment of a child and sexual assault, of a minor which allegedly occurred between 2013 and 2014.

The court held that the Appellant’s voluntarily confessed to the crime, and did not challenge the statement of (PW1), Damilola Adekoya throughout the proceedings.

Justice Oluwatoyin Taiwo (rtd) of the Ikeja Domestic Violence and Sexual Offences Court, had on July 14, 2022, sentenced Baba Ijesha to five years imprisonment over the sexual assault of a minor.

The judge convicted and sentenced him after he was found guilty of four counts out of six counts, in suit number ID/14623C/2021 preferred against him by the Lagos State government.

Mohammed Shosanya

A three-man panel of the Competition and Consumer Protection Tribunal,
led by Thomas Okusu, on Friday ordered Multichoice Nigeria to pay a fine of N150m for disobedience to court order.

Multichoice Nigeria, owners of DSTV and GOTV pay TV operators was sanctioned for wilfully disobeying an order restraining DSTV and GOTV from hiking their subscription rates.

The tibunal also ordered the company to provide Nigerians with a one-month free subscription to its DStv and GOtv packages for raising objection on the court’s jurisdiction.

The tribunal upon a suit filed by one Barrister Festus Onifade challenging the arbitrary increase, had previously restrained Multichoice from increasing the subscription fees of DSTV and GOTV without adequately notifying customers.

Onifade had claimed that the the digital satellite TV company was wrong by giving subscribers only 8 days before increasing the subscription rate.

Onifade had sued Multichoice alleging that the Pay-TV firm, unjustly increased subscription fees without one month prior notice to customers.

However, counsel for Multichoice argued that previous rulings had settled price regulation issues, while Onifade based his motion on notice on the inadequate notice rather than the price hike itself.

The tribunal affirmed it’s jurisdiction to hear the matter, and ruled against the Pay TV company.

Mohammed Shosanya

Justice Rasul Olukolu Of Osborne division of Lagos High Court, has ordered the Lagos State Commissioner of Police, to arrest and prosecute a former Nigeria goal keeper, Mr. Dosu Joseph and 12 others, for disobeying several court orders stopping election of Lagos State Football Association.

Others ordered to be investigated and prosecuted by the Commissioner of Police are: R. A. Taiwo; Adeiloya F. O; Alil Lukman Sonibare; Atoun Dele; Dr. Osondu Martins; Hon. Olabode Babaington; Ajiroba Oluwasegun; Oyekan Oluwatobi; Emmanuel Osiaron O.; Benjamin Amiame; Danny Nazzal and Osahon Emokpae.

Olukolu made the above orders, while ruling on Form 48 and 49 filed before the court by Fuad Oki, the applicant in the suit marked LD/10997GCMW/2024, against all the contemnors.

Justice Olukolu held that “there are controverted Affidavit evidence before the Court on the continuous flouting of the Court’s Order “by all the defendants in this suit. This Court granted an interim Order dated March 21, 2024, and was flagrantly flouted by the defendants, when they went ahead to conduct the scheduled meetings which the Court sought to present by the said order. Again, this Court granted a status quo Order on April 8, 2024, there were reports that the defendants flouted the Order as if Nigeria is a Banana Island with no law and Judicial system.

“This Court, again ordered in the last two proceedings that the defendants, should appear before the Court, again, the orders were flouted with the concurrence of their Counsel, Mr. Honvu.

“This Court needs to maintain the sanctity and the integrity of Court and the judicial system. However, i countenanced the fact that by a disobedience to a Court Order is a contempt, which is committer exfacie curiae (out the Court), and this court cannot be a Judge in its own cause (nemo judex in causa sua).

“This has been the position as stated by the appellate courts for instance, In Alake V. Attorney General, (1987) 11 SC 153, the Supreme Court held that: “the position therefore is that generally, contempt’s of Court are either dealt with by trial summarily, particularly when the contempt is in curiae facie without the process of trial, but where the contempt is ex facie curiae, it should be tried by another judge. A judge should not try a contempt in which he is involved. See also The A G. Edo State and Anor V. Churchgate Industries Limited (2016) LPELR-41439CA, and Banwat and Anor V. Association of Medical Laboratory Scientist of Management (2018) LPELR-45275 CA. 4

“It is for ths reason that the contempt aspect of this suit shail be referred to the Commissioner of Police, Lagos State, to investigate and prosecute any erring defendants and Counsel through the Office of the Honourable Attorney General of Lagos State. I so order.”

The court’s orders were sequel to a suit filed by Fouad Oki, chairman, Lagos State Football Association, against all the defendants/contemnors over the election of the association.

Oki,in an affidavit in support of the suit, states that in defiance of the Order of Court and to make an unjustifiable mockery of the jurisdiction of the Court, the defendants/applicants had gone on to dissolve all the Standing Committees of the Lagos State Football Association.

He also stated that the defendants notwithstanding the order of the court caused to be made several publications online in full advertence of the subsistence of the order of court.

He added that the defendants/applicants were served the Order of this Court not to mention that the order was conspicuously posted on the Notice Board of the LSFA which is at the entrance to the office of the Secretary to the Lagos State Football Association, same venue where the defendants/applicants held several meetings and location where the ECG congress ordered not to be held by the court.

He also stated that from many publications caused to be published and released online the defendants/applicants and all the defendants knew of the existence of the order of the court but continued to defile same with confidence by carrying out actions and activities that are ordinarily reserved for the claimant.

The deponent also stated that: “I know very well that should the Honourable Court grant their application without them purging themselves, the defendants/applicants will become roguishly emboldened using the judicial system to advance their recalcitrance.

“That I state again that the defendants/applicants are not entitled to the leave of this Court when they continue to act as if the Honourable Court spoke into a void. And that I know the Honourable Court is capable of exercising its coercive powers against a party who constructively disobey the of Order of this Honourable Court and makes acting contrary to its orders.

“That I deposed to this affidavit in good faith, believing same to be true and correct and in accordance to the Oaths Law of Lagos State.

Mohammed Shosanya

A Lagos Federal High Court, has permitted the Guaranty Trust Bank (GTBank) in the interim, take over the funds and assets of Afex Commodities Exchange, following its the company’s failure to pay the sum of N17, 808, 452, 467.107 billion, of Central Bank of Nigeria (CBN) Anchor Borrowers’ Loan debt.

Justice Chukwujekwu Aneke granted GTBank an interim Global Standing Instruction (GSI) injunctive relief, following the bank’s application on May 27, 2024.

Aneke made the order after while granting an ex-parte motion marked FHC/L/CS/911/2024, filed and moved by GTBank’s counsel, Chief A.A. Aribisala and Ade Adedeji, both Senior Advocates of Nigeria, who led the dou of A. O. Olaleye and M. A. Aribisala.

The N17,808,452,467.107 billion debt, as contained in GTB’s Exparte motion, comprises N15, 766, 475, 417.06 billion, being the amount outstanding and unpaid, as of April 17, 2024, on the loan facilities (with the accrued interest) granted by the bank to the Afex Commodities Exchange.

The exparte motion further stated that “Pre-judgement interest on the N15, 766, 475, 417. 06 billion, at the prevailing rediscount rate of 28 per cent per annum approved by the CBN from April 18, 2024, when the plaintiff’s letter of demand dated April 17, 2024, was delivered to the defendant until judgment is delivered in this suit.

“Post-judgement interest on the said sum of N15, 766, 475, 417.06 billion and “Cost of recovery and incidental expenses in the sum of N2, 041, 977, 050.047 billion.”

GTBank is the sole plaintiff/applicant in the suit, and Afex Commodities Exchange, is the defendant/respondent, while 27 commercial banks and all money deposit banks were listed as nominal respondents.

GTB,in a 285 paragraph-affidavit in support of the motion exparte, deposed to by one of its staff, Ifeoma Esemudje stated that the tenor of the facility was nine months, intended to finance small holder farmers registered under the CBN Anchor Borrower’s program.

The deponent further states the followings: “the source of the repayment was to come from the sale of the Maize produced while the maturity date for the loan was April 22, 2021.

“But, according to the plaintiff, the defendant did not fulfil its end of the deal.The plaintiff, through its lawyers, then approached the court for an interim Global Standing Instruction (GSI) injunctive relief.

“Our correspondent reports that the GSI, launched in July 2020, by Nigerian banks and the CBN, authorises a creditor bank to recover its debt from any or all other accounts held by the debtor with other financial institutions in case of default by the debtor.

“Before GSI, borrowers who defaulted on their loans to a particular financial institution were still able to maintain their bank balances in other institutions, even if those balances were sufficient to repay their debt.”

In granting GTBank’s prayer, Justice Aneke ordered a “Place a No Debit” on all monies standing to the credit of Afex Commodities Exchange as of the day the order was served on the 1st to 28th Respondent Banks.

The order included “all such monies that may be credited into the defendant/respondent’s account afterwards until the defendant/respondent’s entire indebtedness to the plaintiff/applicant in the sum of N17, 808, 452, 467.107 billion, is fully liquidated. pending the hearing and determination of the Motion on Notice filed by the plaintiff/applicant in this suit.”

The judge also directed all banks in Nigeria to move/transfer all monies standing to the alleged debtor’s credit (in the said debtor’s account domiciled in any of the banks) into the debtor’s account domiciled with GTBank with Account Number 0425755319 until Afex Commodities Exchange’s “entire indebtedness to the Plaintiff/Applicant in sum of N17, 808, 452, 467.107 billion is fully liquidated…”

The court also ordered the debtor to furnish it and GTBank’s lawyers, the debtor’s current statement of account, within 7 days of being served with the order.

Justice Aneke restrained the defendant/respondent and its agents from obstructing or interfering with GTBank’s right to enter into Afex Commodities Exchange’s 16 warehouses across seven states of the federation, including the Federal Capital Territory (FCT), Oyo, Ogun, Kwara, Kano, Taraba and Benue.

The judge further made an order of mandatory injunction compelling the defendant/respondent to allow the plaintiff to appoint its appointed agent to take over the commodities/produce stored by the defendant in the 16 warehouses across the seven states.

Justice Aneke also granted an order directing the police and Civil Defence Corp to assist GTBank in securing and dealing with the commodities/produce stored by the defendant in the 16 warehouses across the seven states.

Mohammed Shosanya

The Oba-Elect of Araromi-Ekiti in Ijero Local Government Area of Ekiti State, Babalola Babatunde, who was arraigned for forgery at the Federal High Court sitting in Akure, Ondo State, has been granted bail.

In an application filed by the counsel to the defendant before the court, Attah Paul, he prayed that he should be released on self-recognition.

His request was supported by an 18-paragraph affidavit, praying that the defendant/applicant has never been arraigned or convicted in the past.

But the prosection counsel,Itunun Osobu, in the paragraph seven of his counter-affidavit, pointed out that the defendant/applicant failed to honour the invitation of the police until he was arrested.

Presiding judge,Justice O.O. Owoeye granted the suspect bail with sum of N3million and two sureties in the like sum.

The sureties must have landed property within the jurisdiction of the court.

The judge ordered that the suspect should be kept in the police custody till he meets the bail conditions.

The court adjourned to June 27, 2024 for hearing of the substantive matter.

Babatunde was arraigned on Monday, May 20, 2024 at the Federal High Court sitting in Akure with two- count charge.

The charge reads: “That you Babalola Babatunde on or about the 15th day of January, 2008 at the University Teaching Hospital, Ado Ekiti within the jurisdiction of this Honourable Court did make and uttered a forged University of Ibadan Result which you knew to be false and with intent that it may be used or acted upon as genuine by the University Teaching Hospital, Ado Ekiti to offer you a job and thereby committed an offence punishable under Section 1(2)(c) of the Miscellaneous Offences Act.

“That you Batalola Babatunde on or about the 15 day of January, 2008 at the University Teaching Hospital, Ado Ekiti within the jurisdiction of this Honourable Court did make and uttered a forged National Youth Service Corps Certificate which you knew to be false and with intent that it may be used or acted upon as genuine by the University Teaching Hospital, Ado Ekiti to offer you a job and thereby committed an offence punishable under Section 1[2](c) of the Miscellaneous Offences Act.”

Mohammed Shosanya

A Rivers State High Court sitting in Port Harcourt has declared as unconstitutional the amended Local Government Law No. 2 of 2024,which extends the tenures of local government chairmen and councilors by an additional six months after the expiration of their stipulated three years.

Justice D. G. Kio, also struck out a suit marked PHC/1320/CS/2024, instituted by Hon. Enyiada Cookey-Gam & 6 Ors against the Governor of Rivers State & others, which sought the court’s interpretation of the amended state law.

Delivering judgment, Justice D. G. Kio declared that the amended law was inconsistent with the provisions of the 1999 constitution and section 9 (1) of Rivers State Law No 5 of 2018.

The court also affirmed that the lawful tenure for Local Government Chairmen and Councilors remained three years, as stipulated by the Rivers State Law No 5 of 2018 and the 1999 constitution and section 9 (1) , stressing that any attempt to extend the tenures was not only unlawful, but also violated their officials’ oath of office.

A faction of the state assembly, led by Rt. Hon. Martin Amaewhule, said to be pro-Wike in March 2024,had passed the local government amendment bill into law despite the refusal of the Governor, Sir Siminalayi Fubara to give his assent.

The lawmakers said the aim of the amendment was to ensure that LGA elections are conducted before the expiration of the outgoing administration.

Mohammed Shosanya

The Federal High Court in Kano has granted an interim order restraining the two commissions of inquiry established by the Kano State Governor from conducting further proceedings.

The court issued the order in response to a suit filed by Dr. Umar Abdullahi Ganduje, the former Governor of Kano State and current National Chairman of the All Progressives Congress (APC).

Justice Simon Amobeda ordered an interim injunction restraining the 4th and 5th defendants/respondents (Hon. Justice Farouk Lawan Adamu and Hon. Justice Zuwaira Yusuf) from performing executive functions assigned to them by the Governor of Kano State, pending the hearing and determination of the suit.

The respondents were been given five days from the date of receiving the court order and documents to file their response.

The court fixed May 28, 2024, for the hearing.