A Lagos High Court sitting in the Igbosere area has sentenced two men, Kingsley Baba and Bashiru Musa, to 21 years imprisonment each each for robbery.
Justice Adedayo Akintoye, who delivered the judgment via virtual proceedings, found the two defendants guilty of robbing their boss, Mrs Olutosin Abiola Oshinowo, at Ikoyi, Lagos.
In 2017, The Lagos State Government arraigned the defendants in on a three-count charge bordering on conspiracy and armed robbery.
The court heard that the duo and others at large robbed two people, Mrs Olutosin Abiola Oshinowo and one Desmond Wester while armed with offensive weapons and stole a laptop, cash, jewellery and an ATM card.
The offences were said to have been committed in December 8, 2015, at about 3:30am at No.10 Samuel Oloje St., Purview Estate, Ajah, Lagos.
The defendants were arrested by the police and had been in custody since 2015.
According to the prosecutor, the offences, contravened Sections 295(2)and 297 of the Criminal Law of Lagos State, 2011.
The duo however pleaded not guilty and were remanded at a correctional centre, following which trial commenced.
In the judgment, Justice Akintoye held that the evidence of three prosecution witnesses established that a robbery was committed on December 8, 2015.
“The evidence before the court substantiated that a robbery took place but not armed robbery.
“In this case there was no eye witness account to the offence of armed robbery as none of the prosecution witnesses saw the defendants with any weapon.
“Section 166 of the Administration of Criminal Justice Law (ACJL) provides that a person charged with an offence can be convicted and punished with another offence as if he was charged with that offence.
“If a defendant did not take part in armed robbery but took part in robbery, he will be convicted on Section 295(1) and not Section 295(2) of the Criminal Law of Lagos State.
“The question here is whether the defendants took part in the robbery.
“The evidence before the court is that the second defendant (Musa) claimed to be asleep when the robbery took place despite the loud noises.
“I find it hard to believe that the second defendant slept all through the entire commotion, doors were broken and gun shots heard.
“The investigating police office gave evidence that it was Musa who asked the first defendant (Baba) and others at large that they should try to rob his madam.
“It is my opinion that Musa did act in a manner to enable others to commit robbery.
“Also the confessional statement of the first defendant (Baba) stated that Musa aided in the robbery.
“The prosecution sufficiently linked the second defendant to the commission of the robbery.
“I hold that the second defendant is guilty of robbing Mrs Olutosin Abiola Oshinowo,” Akintoye said.
The judge also held that the prosecution could not prove the offence of robbery or armed robbery against the second defendant in count three with regard to armed robbery against one Desmond Wester.
She said that the prosecution, however, proved the offence of conspiracy to commit robbery against the first and second defendants.
She said evidence before the court stated that prior before the robbery, PW2(Victim) stated that she has seen the first and second defendants together in front of her house smoking Indian hemp.
The judge also said that the first defendant admitted in his statement that he discussed the robbery with the second defendant and one Emmanuel and Bright still at large.
“To my mind the complicity in the robbery has been established and the conspiracy to commit the robbery has also been established.
“The second defendant Bashiru Musa is found guilty of count two of robbery contrary to Section 295(a) of the Criminal Law of Lagos State 2011 and he is not guilty of count three alone.
“The defendants are hereby convicted.
“I therefore sentence the first and second defendants on count one to 21 years imprisonment each, less their period of remand.
“The second defendant is sentenced to 21 years imprisonment on count two, less his period of remand. The sentence leveled on the second defendant shall run concurrently.
“On count three the second defendant is found not guilty. This is the sentence of this court,” Akintoye held.
Indoroma Eleme Petrochemical Co-operative Society: Federal High Court Berates EFCC , Ordered Restriction on Account Vacated
Justice Taiwo O. Taiwo of the Federal High Court , has ordered the Economic Financial Crime Commission (EFCC) to vacate All restriction placed on the account of the Exited staff of the cooperative.
Justice Taiwo while Delivering a judgment in a matter of injunction brought by the Exited staff of the cooperative against EFCC, Wondered what the Commission claimed to be investigating In a matter that has been decided by the federal High Court and industrial court respectively.
He also held that the BPE whose petition the EFCC claimed to be investigating also acted outside their mandate , especially as it regards to the shares of Indoroma Eleme Petrochemical Co-operative Society. He held that the shares remains legally acquired and
anyone who feels aggrieved the normal thing to do is to approach the court for redress and not to use the EFCC as a tool for intimidation
“The EFCC has the right to investigate but must be seen to do this within the armbit of the Law, EFCC is not a court of law and must not allocate to itself the powers of the court “.
Justice Taiwo also said his Court will not shield anyone from investigation but the EFCC must also desist from the act of trying to turn a matter that is purely civil case to a criminal case.
Justice Taiwo refused the prayer of the applicants seeking to remove the chairman of EFCC from office over contempt of court , he held that the court lacks the power to do so and as such decline the prayers.
But then went further to declare that the matter of shares regarding Eleme Petrochemical Co-operative Society is purely civil in nature.
He gave the EFCC Seven days to write First Bank PLC to lift the ristriction placed on the account and allow access to funds in thier Custody.
He also instructed the Bank to immediately honour the judgement when served with the order of the court.
He also award a 5million Naira damage against the EFCC for illegally arresting and detaining a member of the Co-operative Society for 5days without a court order.
Recall that in February 26,2009 the federal government through the National Council on Privatization had approved the sale of 10% of its equity shares in Indorama Eleme Petrochemicals ltd, Port Harcourt ,Rivers State to the host community and interested staff of Indorama Eleme Petrochemicals ltd.
The 10% equity shares was shared as 7.5% was allotted to the host community while the remaining 2.5% was allotted to the Staff of Indoroma Eleme Petrochemicals.
Also Recall that the EFCC had placed a restriction on the account of the Co-operative Society claiming to be investigating a fraud , Matter which has led to litigations and the bank refusing to honour the instruction of the Co-operative on the order of the EFCC.
BREAKING: Court Stops Farouk From Parading as President of AFAN
The All Farmers’ Association of Nigeria (AFAN) has obtained a court injunction from a Federal High Court in Kano, stopping Mr Mudi Farouk Rabiu from further parading himself as the president of the umbrella farmers’ body and holding any activity in the name of AFAN.
The Mudi led breakaway faction had illegally usurped the authority of the association at the national level without grassroot support and in violation of the association’s constitution, to the extent of gaining recognition from the minister of Agriculture and Rural Development, Alhaji Sabo Nanono, who did not heed to appeals from the bona fide executive to disregard him.
In a statement made available to the media, Alhaji Salisu Mukhtar, Assistant Publicity Secretary of AFAN, noted that: “the desperation and misadventure of the lawless group led by Faruk Rabi’u Mudi and his fraudulent obtuse supporters have led them to earn the wrath of the law in Kano.”
According to Murktar, on Monday, 16th August, 2021 the Mudi led group organized a charade at the Sani Abacha Indoor Stadium, Kano to illegally conduct the election of officials of AFAN Kano State chapter, before the injunction which was issued on the 18th August 2021.
He said: “The group boastfully announced that they would be on air to be seen by the whole world. This was regardless of the pendency of a matter they filed in the Federal High Court, Abuja, slated for definite hearing on 27th September, 2021.
“A law-abiding group would wait for the determination of the matter before proceeding to do anything but because they are bereft of decorum and good education they landed themselves in a serious quagmire.”
Recall that the All Farmers Association of Nigeria Kano Chapter illegally registered by Mudi which was used to open a fresh bank account in Heritage Bank was disapproved by the Corporate Affairs Commission (CAC).
AFAN has continued to flay Heritage Bank for allowing the illegal account which was opened without due diligence to remain open and deployed in fraudulent activities which Mudi has been accused of by third parties.
According to Murktar, AFAN had earlier written the management of Heritage Bank on the 14th of February 2021 referenced AFAN/HERITAGE/FRAUD/CAC/2021/014th February, 2021 on the illegality of the account opened with them in the name of a fake entity claiming to be AFAN.
The letter reads in part: “We write to inform you that your Branch has inadvertently opened an Account: All Farmers Association of Nigeria (AFAN), Acct. No.5100311787 without due diligence.
“All Farmers Association of Nigeria Kano Chapter is a nullity as the CAC (Corporate Affairs Commission) has issued a letter dated 22nd June, 2020 (copy attached) to them to change their name within six weeks or it will be cancelled.
“The registration of All Farmers Association of Nigeria Kano Chapter contradicts CAMA as it is not done with the express permission of the All Farmers Association of Nigeria (AFAN), the parent body.
“We implore you to close this account forthwith because it has been opened to defraud the All Farmers Association of Nigeria (AFAN) and all Nigerian farmers.”
AFAN further disagreed with the minister for permitting Mudi to give a goodwill message at the Council on Agriculture conference held in June 2021, where the police soon moved in to arrest him over a criminal matter but was shielded from the arrest by the minister.
“We are looking up to the police to ask Alhaji Mohammed Sabo Nanono to produce him since he has not been seen in his office since June,” Murktar said.
The association noted that the injunction secured from the Kano Judiciary has finally clipped the wings of the renegade faction and their leader Mudi from parading as members or representatives of AFAN anywhere, warning that anything that the group received in the name of AFAN from the ministry of Agriculture for AFAN members nationwide should hitherto be accounted for.
“We reiterate that anyone who transacts any AFAN business with Faruk Rabi’u Mudi does so at his own peril.
The Faruk faction had earlier advertised a paid registration platform for farmers with the promise of accessing micro-credit loans, benefitting from programmes and interventions.
Intending registrants were required to indicate their names, states, and commodity they produce, while making the payment.
However, the executive led by Arc Kabir Ibrahim had insisted that Mudi is not a member of AFAN but a fraud.
See judgement below;
#BuhariMustGo: Court Orders SSS to Release Protesters Arrested at Dunamis Church
The Abuja Division of the Federal High Court has ordered State Security Services, (SSS) to release five worshipers who were arrested at Dunamis International Gospel Centre on July 4 for allegedly wearing #BuhariMustGo t-shirts.
The applicants, Ben Manasseh, Anene Udoka, Henry Nwodo, Emmanuel Larry and Samuel Gabriel Iwatonaiye, filed their separate suits at the Federal High Court, Abuja.
Justice Anwuli Chikere gave the order following separate ex parte applications filed on their behalf by their lawyer,Tope Temokun.
Justice Chikere ordered that the SSS should release the applicants with immediate effect.
They had sued the SSS, President Muhammadu Buhari, the church’s pastor-in-charge, Pastor Paul Enenche and others for alleged unlawful arrest and detention.
The plaintiffs, who urged the court to declare their arrest and detention unlawful, also asked the court to award N10 million, each, in damages, for the violation of their fundamental rights.
Mr Temokun had argued in the separate suits that his clients were entitled to fundamental right to freedom of thought, conscience and religion, right to freedom of expression and the press, right to freedom from discrimination and right to personal liberty.
According to him, the rights are guaranteed under Sections 35, 38, 39 and 42 of the 1999 Constitution (as amended) and under Articles 1, 2, 6, 8 and 9 of the African Charter on Human and People’s Rights Ratification and Enforcement.
Other defendants include the Director-General of the DSS, Mr Yusuf Bichi and the Attorney-General of the Federation, Mr Abubakar Malami (SAN).
The matter has been adjourned until August 2 for hearing.
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