For stealing laptop @gunpoint, Judge says Izuma must die

ITRealms:

A male hairdresser, Izuma Ajaere, 25, has been found guilty of stealing laptop with a Judge ruling he must die, reports ITRealms.

Justice Kudirat Jose of Ikeja High Court in Lagos, ruled Wednesday that for stealing a laptop and a mobile phone at gunpoint, Ajaere has been convicted.

ITRealms reports that Ajaere was found guilty as charged and ordered that to be hanging.

The Judge in her judgment noted that the evidence of Mr Uchenna Ukah, the victim was overwhelmingly convincing to nail Ajaere.

Ukah in his testimony was ‘clear and emphatic’ about the series of events of the armed robbery, and from his conduct, while giving evidence, the court found the complainant to be ‘cogent and believable.’

The prosecution led by Mrs A.B Awosika had told the court that the Ajaere committed the offences at 9.30pm on June 22, 2012, at No. 12, Vincent Eze, St., Ajao Estate, Lagos.

Awosika also said that the convict alongside an accomplice had accosted Ukah at gunpoint outside his flat.

“Ukah led them to his flat where they stole a laptop, a modem and a blackberry mobile phone.

“Ajaere and his accomplice after the robbery, locked the complainant in his apartment with the intent to also rob his neighbours.

“The complainant managed to get out of his apartment to raise an alarm leading to Ajaere and his accomplice being apprehended.

“Ukah’s laptop and modem were recovered from the duo, however, his blackberry mobile phone was never recovered,” Awosika said.

In giving evidence in his defence during the trial, Ajaere had denied robbing Ukah, claiming he only went to Ajao Estate for hairdressing work and was arrested during a police raid in the area.

The convict, also said, he was falsely charged with conspiracy and armed robbery by officials of the Special Anti-Robbery Squad (SARS).

But in delivering her judgement, Justice Jose reportedly declared that the evidence of the prosecution witness proved that the defendant was one of the armed robbers, “therefore, all the ingredients of the crime of armed robbery has been shown.

In addition, “The prosecution has proved the charge of conspiracy to commit armed robbery and armed robbery beyond a reasonable doubt.

“The defendant is hereby sentenced to death for conspiracy to commit armed robbery and sentenced to death for armed robbery. He is to be hanged by the neck till he is dead, may the Lord have mercy on his soul,” the judge said.

Ayo Midele/GEE

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Budget padding scandal: No-one should be a judge in his own cause

Commenary@ITRealms:

Very few Nigerians will be amazed by the way the House of Representatives handled the allegations of budget padding and abuse of office which Abdulmumin Jibrin, former Chair on Appropriation, levelled against a fraction of the House leadership including the Speaker, Yakubu Dogara, Deputy Speaker, Yusuf Lasun, Minority Leader, Leo Ogor, Chief Whip, Alhassan Ado Doguwa, as well as 10 other members of the House. To ensure that the issue remains on the plate, Jibrin has been consistent in issuing statements through both the traditional and new media which clearly identify Dogara, Lasun, Ogor and Doguwa as the main targets of his charge. And to press the point, he rightly labeled the clique the QUARTET. 

  

But even in this atmosphere of suffocating change, nothing seems to have changed in the National Assembly, at least not in the House of Reps. Instead of investigating his allegations, the House in its typical, ever-evolving Machiavellian antics that the Nigerian populace has witnessed since the beginning of the Fourth Republic, presented a dubious resolution summoning Jibrin, himself the hunter as Professor Olatunji Dare, the ace satirist, would have characteristically put it, to appear before an ethics and privileges committee. Talk of the hunter being hunted. It’s as if there are no more people with conscience in the green chamber.

And the “honourables” scheming to nail Jibrin at all cost executed their act with a well-choreographed carnival-like fanfare, prancing about the floor without shame, hugging and back-slapping, each brandishing green scarves with the inscription: I Stand with Dogara. In the end, what ought to be a solemn occasion for demanding answers to the issues raised by Jibrin in the interest of public good, was turned into a grand spectacle of pure self-service and reckless endorsement of corruption.

Though originally well-spoken of by the public, the lawmakers by determinedly choosing the option of closing their eyes to the accused and turning the heat on the accuser shot themselves in the foot. That ugly display on the floor of the House has further reduced their worth in the eyes of the people.

And Dogara should know better. An experienced lawyer that he is, the Speaker knows the meaning of the well-worn Latin phrase deployed in the second leg of the title of this piece. Translated in English it means that, “No one should be a judge in his own cause.”  It’s a legal principle that forbids any person from assuming the role of a judge in a case in which he/she has an interest. In this particular case of budget padding and corruption in the House, Dogara, the Speaker of the House is one of the accused persons; to that extent, he is an interested party.

If the House must then investigate as it should the allegations against him and others, the logical step to take is for him to step down from his position as Speaker and allow for a colleague to be elected as Speaker for the purpose of presiding over the investigation. If at the end of investigation he is acquitted he returns to his seat as Speaker. It’s such a simple process that anyone who is not aiming at covering up would easily accede to in order to preserve honour and integrity. But by refusing to step down and subject himself to investigation, the Speaker leaves one with no other option than to deduce that he has something to hide or, at best, that he is indeed guilty of the allegations against him.

Anyone would be forgiven for drawing this conclusion, given the desperation with which Dogara exploited his position as Speaker to finagle a resolution of the House glossing over the budget fraud and corruption allegations involving him, and instead recommending his accuser for a most ridiculous trial for all kinds reasons including “campaign of calumny and infringing on the integrity of the House as an institution.”

But rather than denigrate the House of which he is a proud member as claimed by his traducers, the former chairman of appropriation merely stated the facts. And countless times he has challenged any member of the House who has evidence of malfeasance, corruption or abuse of office involving him to make them public. Up till the time of writing this piece, no one has picked up the gauntlet. 

In fact, the Speaker being one of the accused worsened his case with the clear violation of a sacred legal maxim through that House resolution presided over by him, and directing his accuser to appear before an ethics and privileges committee made up of members appointed by him. There can be no better example of sitting as a judge in your own cause. This is against the principle of natural justice, equity and good conscience.   

Besides, there is no way Jibrin will not be found guilty if he appears before the committee headed by Nicholas Ossai, who on July 26 told Premium Times that it was wrong for Jibrin to claim that the 2016 budget was “padded.” According to the report, Ossai said the budget was only “amended.” He was also quoted as saying, “In legislature, you don’t talk about padding. Budget is an appropriation bill and is like other bills that you amend. You know in bills you talk about clauses. Every head in the budget is a clause. So, legislators have power to amend it.” How would he now get justice before a man who has made this one-sided statement?

Still, this country has Jibrin to thank for his unprecedented revelations. Now, the depth of the rot in the House of Reps is in the open. Rather than applaud and encourage those working to crucify him, it will serve this country well to focus on his message and squeeze adjustments from it. It is the way to go if Nigeria is serious about entrenching transparency and accountability in public governance.

*Godwin Onyeacholem is a journalist. He can be reached on gonyeacholem@gmail.com

 

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EFCC v. Oronsaye: Judge stops witness over chart explanation

ITRealms:

The presiding Judge, Justice Gabriel Kolawole at the Federal High Court, Abuja, has stopped witness from using chart to offer explanation at the ongoing case between the Economic and Financial Crimes Commission (EFCC) versus Nigeria’s former Head of Service, Mr. Stephen Oronsaye, Osarenkhoe Afe, and three others, reports ITRealms.

Ruling in favour of the defence team against an attempt by the Commission’s first prosecution witness (Pw1), Rouqayya Ibrahim to use a chart to give her evidence, the judge said, the witness, an operative of the Economic and Financial Crimes Commission, who came as the Commission’s first Prosecution Witness on the request to use a Chart in the Court to explain the findings of the EFCC in the course of investigation of the alleged fraud in Pension payments in Nigeria.

Opposing the request, lead Counsel to Mr. Stephen Oronsaye, Mr. Kanu Agabi (SAN), argued that the chart, as displayed, having photographs of the accused persons will not allow for fair trial.

“The chart, having photographs of the accused persons will be prejudicial and will not allow for fair trial. When I saw the chart, I thought it was a document earlier frontloaded to us, but we just noticed that we received it here in Court. If it is a document they intend to use, they should serve it on us properly,” he said.

Adding his voice, Counsel to the second and third defendants, Mr. Oluwole Aladoyele described the practise as strange to his team, arguing that it does not conform to the provisions of the Evidence Act, relying on Section 239 of the Act.

He urged the Court to disallow what he described as a strange procedure, further describing the information on the chart as the personal opinion of the prosecution witness.

Canvassing in favour of the use of the Chart, Prosecution Counsel, Mr. Adebisi Adeniye argued that the opposition to the Chart was misconceived.

“I submit that the opposition to the usage of the chat is misconceived. It is not a situation where we hope to tender the document in evidence. What the witness has said is that she has a chat with which she can demonstrate the investigation she carried out and her findings. Even under the evidence Act, this witness can refresh her memory.”

In his ruling, the presiding Judge, Justice Gabriel Kolawole upheld the arguments of the two defence counsels, disallowing the use of the demonstration chart.

‘‘If the chart will not be tendered as an exhibit, of what use is it? If I merely have to listen to the PW1’s explanations, of what use is it when the judgement will be written? If the use of the chart is merely to demonstrate how the fraud was perpetrated and not tendered as an exhibit, it will not be useful in judgement. I agree with the view of the counsel to the 2nd and 3rd defendants that the chart will be prejudicial. PW1 has not shown any sign of one with loss of memory. She appears to be clever and clearheaded. It is also important that the defendants are accorded fair hearing and fair trial. It is either the Chart is tendered as an exhibit or is out rightly discarded. My decision is to disallow this, which the PW1 introduced by herself without guidance by the prosecution Counsel. The Chart is disallowed from being demonstrated to the Court.”

Similarly, an attempt made by the same prosecution Counsel to pray the Court to accept a Statement made by the second defendant as an exhibit was also blocked by the defence Counsel, who argued that the said statement made in the office of the Economic and Financial Crimes Commission was written under duress. He made a case for a ‘trial-within- trial’, a prayer that was granted by the presiding Judge.

‘‘I object to the admissibility of this document. It was made through oppression, using the exact words of the Evidence Act. I am particular about the statements made on the 24th of February, 2011 and 16th of March, 2011. They were made through oppression, as he was threatened, induced and harassed to make the statements and we intend to demonstrate this if my lord graciously orders trial within trial to demonstrate to you that these documents are inadmissible. He was bundled,‘‘ he stressed.

Delivering his ruling on the admissibility of the document, presiding Judge, Justice Gabriel Kolawole said ‘‘In view of the objection raised by the second and third defence Counsel, and relying on sections 28 and 29 o*f the Evidence Act, we will take a mini procedure, a trial within trial."

The matter was adjourned to 21st of June, 2016 for the ordered mini procedure.

It would be recalled that the Economic and Financial Crimes Commission dragged Nigeria’s former head of Service, Mr. Stephen Oronsaye and four others before Justice Gabriel Kolawole of a Federal High Court, Abuja over an amended 35-count charge bordering on alleged corruption.

Others charged by the Commission are: Cluster Logistics Limited, Kangolo Dynamic Cleaning Limited, and Drew Investment & Construction Company Limited. Osarenkhoe Afe is the managing director of Fredrick Hamilton Global Services Limited.

Meanwhile, many well-meaning Nigerians have cautioned the Federal Government over what they described as the persecution of Nigeria’s former Head of Service by the EFCC, further describing it as a show of ingratitude to one who introduced reforms to the country’s Civil Service and exposed corruption in the system.

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Los Angeles Superior Court judge: Group canvasses vote for Ibisi

ITRealms:

A group of Nigerians are canvassing for votes to elect Mr. Eric O. Ibisi into the Los Angeles Superior Court as a judge, reports ITRealms.

Mr. Ibisi whose judicial seat number is 120, ITRealms gathered, would be facing electorates on June 7, 2016 to determine his promotion.

ITRealms also gathered that Ibisi has been temporary judge for the Los Angeles County Superior Court for 20 years.

He equally comes to the election with 30 years as Attorney and Litigator in Criminal Law, Civil Law and Personal Injury.

According to President, Anambra State Association (ASA) in Southern California (ASA-SC), Hon. Larry Nwafor, told ITRealms why Mr. Eric Ibisi is needed on the bench of the Superior Court of Los Angeles.

He noted, there are politics going on in the judiciary system in the United States, especially in Los Angeles and urged Nigerians to queue behind, Mr. Ibisi. 

“Let us come out en-mass to support one of our own. He has a proven track record and has been tested,” he said.

Nwafor also decried the status of Ibisi being temporary judge for 20 years.

“Can you imagine Temporary Judge for 20years .... We must do something folks. June 7th is the day. Vote! Vote!! Vote!!!” he enjoined, especially by aligning with this hashtag #WeMustMakeThisHappen.

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