Crime& Punishment
Court Restrains Fine Coats Boss from Selling ‘Girlfriend’s Property
Funke Olaode
After six years of relationship, which both parties believed would lead to lasting matrimony, the once toast of the town lovers have dragged each other to court over property currently under litigation.
That is the case between the Fine Coats boss, Dr. Emmanuel Awode and his ‘girlfriend’ of six years, Funmi Abike Taylor.
Justice Akintunde Savage of the Ikeja Division of the Lagos High Court yesterday granted an interim order restraining Awode, CEO of Chemstar Group, his agents and privies from selling or leasing on properties situated at block 104, plot 26, Lekki 1, Lagos.
The court also ordered the claimant to serve the respondent, Awode, by pasting the court processes on the business premises or his residential address.
The court made the order following a motion ex parte filed by the claimant, Ms Funmi Abike Taylor, through her counsel, Mr Wahab Shittu (SAN), in a suit marked ID/11039GCMW/2024 against Awode as respondent.
At the resumed hearing, Shittu told the court that he filed two applications before the court, noting that his first application was dated April 8, 2024, and the second one was dated March 20, 2024.
He told the court that his first application, dated April 8, seeks an order of the court for substituted service and is supported by a five-paragraph affidavit.
He said the second application is an ex parte motion, attached to which the claimant deposed to a 35-paragraph affidavit.
Shittu submitted that his application was brought pursuant to Order 43 Rules 1 & 2 of the High Court Civil Procedure Rules 2019 and section 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended. He urged the court to grant the applications.
However, the judge, in his ruling, granted the claimant prayer of substituted service and also granted an interim injunction, “restraining the defendant either by themselves, privies, assigns, agents, or anyone acting on his behalf from selling, mortgaging, leasing, intermeddling, snooping and or continuous trespass on the properties situate, lying and known and listed as one to the six.”
The disputed property includes a five-bedroom duplex with two-room service quarters located in Block 104, Plot 26. Lekki 1, Lagos. Plot 0446 of the Royal Garden Estate, Ajah Village in the Eti-Osa Local Government Area of Lagos State and two units of four-bedroom and 1 BQ semi-detached House, located at La Vida, Lekki, Lagos and the property located at Plot A5, Vintage Park Estate, Lagos, with five units of apartments at Paramount Residence Lekla, Lagos. There is also a four-bedroom duo luxury maisonette at IME height, Lagos (Foreshore Waters Limited).
The property in dispute are alleged gifts made pursuant to the fulfilment of his promise to marry the claimant, Taylor, and they belong to the claimant since the defendant breached the promise to marry the claimant.
The matter is adjourned until May 9.
Retired Naval Officer Writes Sanwo-Olu over Illegal Sale of Green Areas
Wale Igbintade
Rear Admiral Ibikunle Olaiya (retd.) has petitioned Governor Babajide Sanwo-Olu over the illegal sale of green areas near Block 113, Lekki Phase 1, by unscrupulous Lagos government officials, which violates the original master plan, which reserved the space for essential public infrastructure.
Olaiya, in separate letters to Governor Sanwo-Olu and Commissioner for Environment Tokunbo Wahab, for himself and on behalf of concerned Lagosians and residents in the Lekki axis, said it is a matter of grave concern that the green areas have been allocated to someone who has begun construction.
Titled ‘Urgent attention needed: Illegal sales of Green Areas near Block 113, Lekki Phase 1’ and dated April 26, 2024, Olaiya claimed the areas were allegedly sold for personal gains.
Olaiya said, “Despite designated green spaces intended for essential infrastructural development, such as road and drainage expansions, and the construction of a light train to accommodate the growing population, these areas are being unlawfully sold for personal gain. It is disheartening to witness such actions, particularly considering the significant investments and efforts made in the Lekki-Epe axis over the years.
He added, “Your administration’s commitment to infrastructure development, education, and the preservation of the state’s original master plan has been commendable.
“However, it is troubling to see certain individuals tarnish these efforts by engaging in illegal allocations, especially under your watch as a surveyor by profession.”
Citing the survey plan of Block 113 as evidence, the petitioner implored the governor to address the issue with the seriousness it deserves.
In the letter to the commissioner, he warned that there could be grave consequences in future “if this illegality is allowed to thrive and the good actions of the Lagos state government to demolish houses built on canals and setbacks would be difficult to justify.”
The petitioner wondered why this should be occurring despite the existence of regulatory establishments like the Ministry of Physical Planning and the New Town Development Agency, which are tasked with overseeing development in the area.
Before the recent letters, he had, through his lawyer, Abosede Akande of Law Corporate, petitioned the governor, Ministry of Environment, Ministry of Physical Planning, Ministry of Lands, and police authorities, explaining that the green areas were designated for future road expansion and erosion management.
Olaiya, therefore, urged Sanwo-Olu and Wahab to intervene and halt these illegal activities.
Reacting to this “interruption,” counsel to the developer, Gainsville Limited, Prof Dayo Amokaye (SAN), in a pre-action letter, explained that Gainsville is the beneficial owner of the property by a statutory right of occupancy granted by the Lagos governor and evidenced by a certificate of occupancy and a subsequent deed of assignment.
The petitioner implored Sanwo-Olu to rise and save the area. He stated that the mantra ‘Eko oni baje’ resonated deeply and emphasised the need to uphold the city’s integrity.
Bribery: Court Orders Forfeiture of N2.5m to FG
Wale Igbintade
The Lagos Division of the Federal High Court has ordered the forfeiture of N2.5 million to the federal government, which was the subject of a dispute between a drug convict and the National Drug Law Enforcement Agency (NDLEA).
Justice Akintayo Aluko, in his ruling, held that offering the sum of N2.5 million or any sum for that matter, to facilitate the release of the convict who was then in the agency’s custody is against the spirit, intent, purpose, and objectives of the provisions of the NDLEA Act.
The convict, Fatimah Hassan, through her lawyer, Oke Ojakovo, had informed the court during her trial that the NDLEA officials demanded the money as the only means of securing her bail. However, upon collecting the money, she was not granted bail.
However, she was not granted bail after collecting the money. The NDLEA, through its prosecutor, Mr Lambert Nor, had informed the court that the convicts wanted to use the money as a bribe to avoid prosecution.
This development resulted in Justice Aluko summoning two top agency officials, who told the court the circumstances surrounding the money.
The court summoned two NDLEA officials, Quatu Mohammed, a former NDLEA Lagos commander, and Abaekwue Sunny Ngozie, an officer.
In ruling on the parties’ submissions on the money, Justice Aluko, after considering the arguments presented by the parties, held that from the evidence of both prosecution and defence witnesses, the money was meant to facilitate the release of the convict, then a suspect from the custody of the agency who was arrested for the offence of unlawful dealing in 33.5kg of cannabis sativa against the provision of Section 11 (c) of the Act.
The judge added, “It is not in doubt that the offence of unlawful dealing in 33.5 kg of cannabis sativa is a violation of the provisions of the NDLEA Act. Offering the sum of N2.5 million, or any sum for that matter, to facilitate the release of the convict, who was then in the custody of the agency at the time she was arrested and held for violation of the relevant provisions of the act, is against the spirit, the intendment, purpose and objectives of the provisions of the act.”
Coker explained that by the combined efficacy of the provision of sections 19(1) (a ) – (d) of the Proceeds of Crime (Recovery And Management Act), 2022, any property or money involved in the facilitation of an unlawful activity like in the instant case is liable to be forfeited.
According to the judge, under the combined provisions of sections 19, 22, and 68 of the Proceeds of Crime (Recovery and Management) Act, 2022, the court has the power and jurisdiction to order the forfeiture of such monies to be paid into an account known as the Confiscated And Forfeited Properties Account maintained at the CBN.
“It is hereby forfeited to the Federal Government of Nigeria. The appropriate organ, directorate or department of the agency is hereby ordered to pay the money into the confiscated and forfeited properties account maintained with the Central Bank of Nigeria and proceed to file an affidavit of compliance before the court,” said the judge.
How Employee Molested My 7-year-old Daughter, Boss Tells Court
Funke Olaode
The Sexual Offences and Domestic Violence Court in Ikeja had heard how a man, Joe Ojedu, allegedly molested his employer’s seven-year-old daughter (name withheld).
The prosecutor, Bukola Okeowo, led in evidence the second and third prosecution witnesses, the victim’s mother and father.
The second prosecution witness (PW2), a mother of three, told the court that her last child and second daughter opened up to her about the defendant touching her breasts after she saw them sitting too close to each other on a dark evening at the front of the family living room.
The PW2 told the court that the defendant was an employee tasked with ironing clothes in her dry cleaning and laundry services run inside her compound close to the duplex where she resides with her family.
She referred to the defendant as “close to the family,” to the point that she included him as a partaker in the food that she cooked for her family.
The mother of the survivor said it was on her way home on February 20, 2023, that she saw both the defendant and her last daughter, who was seven years old at the time, sitting in a dark corner at around 7:30 pm.
She told the court how bewildered she was that her house was dark and that she called the defendant’s phone to ask why the generator was not turned on.
The PW2 told the court that her call to the defendant went through, but he did not pick it up. As she walked into her compound and saw the defendant sitting “too close” to her seven-year-old daughter, the defendant quickly picked up his phone and pretended to be on a call.
The woman said she was unhappy with the sight and immediately took her daughter upstairs alongside her two other children, whom she met inside the living room pressing their phones. She began to scold them for allowing their little sister to sit outside with the defendant in the dark.
She told the court that she was already suspicious, and when she asked her seven-year-old daughter to tell her the truth about whether the defendant touched her body, the girl replied and said, “You will beat me.”
The PW2 said, “When I heard that, I calmed down and told her: ‘Mummy is your friend. I will not beat you.’ and she answered me, ‘He touched my breasts.’”
She told the court she rushed downstairs and confronted the defendant on whether he had molested his daughter, and it was at that time that her husband came up to them and joined her to query the defendant.
In his evidence, the father of the girl, who is also the PW3, told the court that on the day of the incident, he returned home and met the defendant standing outside the living room. He simply greeted him as was his custom and walked in.
He said he heard the voice of his wife from the upstairs of the duplex asking, “Who touched you?” and he assumed she was scolding their children for beating each other.
The PW3 said he later learned that his wife was asking about the defendant allegedly touching their seven-year-old daughter. When he also asked the girl if the defendant had touched her in other parts of her body, she hesitated and later pointed to her privates. He said the girl told him the defendant had penetrated her vagina with his penis.
The father said the defendant denied the allegations when he was confronted.
The PW3 said they detained the defendant, and while he initially thought of taking their daughter to a hospital to get her medically examined, he later chose to make a report at the Okota police station, from where officers were sent to arrest the defendant.
From the police station, the PW3 said he took his daughter to the Mirabel Centre, where a medical doctor examined her and told him that there was penetration and a breakage of his daughter’s hymen.
During cross-examination of the prosecution witnesses, the defence counsel, Alimi Kabiru, asked the PW2 whether she saw the defendant’s hand inside her daughter’s body.
The PW2 replied and said she remembered seeing one of the accused’s hands at the back before the defendant hurriedly pressed his phone to his ear with the other hand.
Justice Rahman Oshodi also took the evidence of the girl outside the hearing of the public. The matter is adjourned until June 13, 2024.
Court Issues Bench Warrant Arrest of an Alleged Notorious Land Grabber
Funke Olaode
Justice Adenike Coker of the Ikeja Division of the Lagos High Court has issued a bench warrant of arrest against an alleged notorious land grabber, Moroof Owonla, known as Kaka Moroof and others over their absence in court in an ongoing alleged felony trial filed against them.
The matter has suffered several adjournments due to the defendants’ absence in court since the case was filed against them.
The Director of Public Prosecution, Dr. Babajide Martins, filed eight-count charges against Moroof Owonla, Olu-Aminu, Yemisi Abdulaziz, and Ganiyu Aminu for alleged conspiracy to commit a felony.
They were alleged of forcible entry into a landed property situated at No 34, Faguson Osagie Street. The defendants, with thugs numbering about 20, invaded the hotel (property) with the intent to deprive a businessman, Hassan Alli, of his property.
They carted away building materials valued at over N32 million.
However, at the last proceeding, the judge ordered the defendants’ counsel to produce the defendants for arraignment in the suit.
At the resumed hearing, counsel from the DPP’s office, Ms T.O. Adeyegbe, told the court that the Attorney General and Commissioner for Justice, Mr Lawal Pedro (SAN), had directed the matter be forwarded to Restorative Justice to see if a resolution could be achieved.
Responding to her submission, the complainant’s counsel, Mr Imran Shitta-Bey, informed the court that on January 17, the complainant received a letter from the Attorney General to attend an Alternative Dispute Resolutions (ADR) meeting and was surprised to see the fugitive defendants, Moroof Owonla and others, in attendance. This indicates that the DPP knows how to invite and present the defendants for trial.
Shitta-bey stated that the complainant views the defendants as disrespectful of the court, having refused to come to court to take their plea and being able to attend ADR.
He noted that their non-appearance is deliberate, so he is seeking a bench warrant or arrest against them.
After listening to them, Justice Coker ordered the prosecution to ensure that the defendants were in court on the next adjourned date. Failing which, the court would be inclined to accede to the complainant counsel’s prayer for a bench warrant against the defendants.
The DPP legal advice has recommended that the trial of the suspected notorious land grabber be a follow-up to a diligent investigation carried out by the police, and the report issued after that indicted all the defendants.
The judge then granted the prayer and issued a bench warrant against the defendants. The matter was subsequently adjourned until May 13 for possible arraignment of the defendants.
