CRIME & PUNISHMENT

Whitney Adeniran’s Death: Stadium Rented by Chrisland Lacked Emergency Facilities, Official Tells Court

Stories by Funke Olaode

A prosecution witness in the Lagos government’s case against Chrisland School says the stadium the embattled school rented lacked emergency facilities.

A government official, Mr Jubril Yakubu, told the Ikeja Division of the Lagos High Court that “there was no need for it (the emergency facility)” during the ongoing trial of some Chrisland personnel.

The Lagos government alleged the school and the staff of negligence over the death of a student, Whitney Adeniran, during an inter-house sports competition that was held at the Agege Stadium.

The government had filed a criminal charge against the school, its principal, vice principal and two others for the death of Whitney on March 31, 2023.

However, during cross-examination by the third defendant’s counsel, Mr Olukayode Enitan (SAN), the third prosecution witness, a deputy director with the Laogos Ministry of Youth and Social Development, Yakubu told the court that the government owns the sports facility.

When asked if establishing and ensuring proper medical facilities to treat emergencies was part of the work of the Lagos sports commission, he responded, “No.”

Earlier in the cross-examination, he was asked to read the Official Gazette of Lagos State No. 9 volume 50, which was admitted as an exhibit. He said the law of Lagos created the commission, noting that law No. 4 states the commission’s function will be to establish and maintain clean fields and premises for holding sports competitions, marches, etc.

Yakubu admitted that Agege Stadium is one of the recreational centres.

In his testimony, Yakubu told the court that he had an official meeting in 2023 with Chrisland School personnel and added that there were minutes and video recordings of what happened in that meeting.

After listening to his evidence, with the agreement of counsel to all parties, Justice Ogala adjourned further proceeding to April 18, 2024.

Whitney, a JSS 2 of the elite school, was allegedly electrocuted during the school’s inter-house sports held at Agege Stadium on February 9, 2023.

Whitney’s father accused the school management of negligence that led to the untimely death of his daughter, who left home that day hale and hearty.

Court Acquits Security Guard of Murder, Says He Killed in Self-defence

Reprieve came to the way of a security guard, Mustapha Muhammed, charged with the murder of a labourer, Victor Amussu, as he was discharged and acquitted by the Ikeja Division of the Lagos High Court.

Muhammad has been in prison custody since 2021.

Delivering judgment, Justice Oyindamola Ogala noted that the prosecution did not prove the murder charge beyond a reasonable doubt.

On October 14, 2021, at No 8/10 Rasaq Tayo Street, Ikorodu, Muhammad was alleged to have killed Amussu with a kitchen knife.

The judge highlighted elements that must be present before a plea of self-defence can avail the defendant, including that “there must be reasonable apprehension of death or grievous harm” and that “it was necessary to use force at that time.”

The judge added that the force used by the “defendant must be proportionate to the force used or imminently threatened against him and reasonable in the circumstance.”

Justice Ogala explained that one element of self-defence is that the force used by the defendant must be proportionate to the force used or threatened to be used in the circumstance.

She said in the instance of the case, the deceased and the defendant both received stab wounds and that the defendant’s testimony was also that Amussu pinned him down while the deceased assaulted and stabbed him.

The judge noted that the prosecution, however, failed to offer any credible evidence regarding the proportionality of retaliatory action in the light of the defendant’s danger and fear.

The judge said the court believes that from the facts presented before it, there was indeed a threat to the life of the defendant and the said threat was met with the necessary, reasonable, and commensurate retaliation by the deceased, which unfortunately led to the death of the deceased.

She said the court found that the plea of self-defence would avail the defendant and “so holds.”

The judge also said the court found that the prosecution had not proved its case against the defendant. Subsequently, Justice Oyindamola, after citing various authorities, declared the defendant not guilty of the one-count charge of murder.

The judge acquitted Muhammad and ordered that the defendant be released from prison custody.

Court Remands Businessmen over Alleged N2.8bn Money Laundering

Two businessmen, Akeem Adekunle and Kayode Olusola Ayodeji, have been ordered to be remanded in prison custody for alleged conspiracy and money laundering of N2.8 billion.

Justice Ismail Ijelu of the Ikeja Division of the Lagos High Court, on Monday, ordered that the defendants be remanded in a correctional facility following the arraignment by the Financial Crimes Commission (EFCC).

The EFCC arraigned them on an amended three-count charge bordering on laundering funds and conspiracy to launder funds obtained through unlawful activity.

The prosecution counsel, Suleiman, told the court that the duo of Adekunle and Ayodeji, along with Odunayo Rashidat Popoola (at large) and Afolabi Olushola Sunday, aka ‘Asiwaju Something’, who was also at large between September 21, 2023, and October 4, 2023, in Lagos, conspired.

They were said to have committed a felony: transferring property derived from an illegal act, to the tune of N2,737,784,800.00, from the unlawful activity of Afolabi Olushola Sunday to disguise its illegal origin.

Akeem Adekunle, sometime in June 2023 in Lagos, persuaded “one Esther Titilayo” to open an Access Bank account to promote Afolabi Olushola Sunday in carrying on with Stealing,” EFCC alleged.

They pleaded not guilty to the three counts charge.

Following their plea, the prosecution counsel, Suleiman, prayed the court for a trial date and urged the court to remand the defendants in prison custody pending the determination of the charge.

However, the first defendant’s counsel, Grace Adenubi, prayed for the case to be dismissed so that she could file a bail application, which the court declined.

The second defendant’s counsel, Catherine Nwagbara, has yet to file bail applications. She prayed for a short date for her to file and serve the prosecution with the bail application.

Justice Ijelu adjourned the case for trial until May 6, 2024, and ordered the defendants to be remanded in prison custody.

SON Arraigns Traders for Counterfeiting Hair Extension

Wale Igbintade

The Standards Organisation of Nigeria (SON) has arraigned two businessmen, Afam Ike and Steve Onyechi, at the Lagos Division of the Federal High Court.

They were accused of conspiracy to repackage and sell counterfeit X-Pression hair extensions/attachments.

The duo were arraigned on charges of repackaging, dealing in and possessing counterfeit hair products.

The prosecuting counsel, Yusuf Lawan, said the defendants, traders at Balogun Market, Lagos Island, were arrested with fake ‘Rich Braid’ brand of X-Pression productions on December 2, 2022.

Yusuf, an assistant chief state counsel in the Federal Ministry of Justice, said the defendants imprinted a false X-Pression (Rich Braid) trademark on the counterfeit extensions.

He said the aim was to deceive buyers into believing that the products were genuine attachments.

The defendants pleaded not guilty to the charge.

Justice Ogazi granted them bail for N1.5 million each with two sureties, who must be senior civil servants or land owners.

Justice Friday Ogazi adjourned the case until July 3, 2024, for trial.

Judge Recuses Self from Estate Excos’ Suit

Wale Igbintade

Justice Akintayo Aluko of the Federal High Court in Lagos has recused himself from hearing multiple suits filed by factions of the Incorporated Trustees of the Divine Homes Residents Association (ITDH) Lekki, Lagos.

Justice Aluko withdrew from hearing the suit following an oral application made by counsel to one of the parties, Chief Abdullai Tony Dania, asking the judge to recuse himself from the matter.

At the resumed hearing suit numbered FHC/L/CS/642/2022, between Tunde Adisa Friday vs Incorporated Trustees of the Divine Homes Residents Association, and FHC/L/CS/1136/2023, between Honourable Uche Nwabuze Vs. Tunde Adisa Friday, respectively, Chief Dania alleged that the judge was biased against his clients.

He argued that even if the court wants to investigate the capacity of counsel to represent the parties, it should be at the time of filing the suit in June 2023 and not the updated status of the Incorporated Trustees of the Divine Homes Residents Association in 2024, more so when the same suit is a substantive issue pending before both Justice Lifu and Justice Lewis-Allagoa, both of the Ikoyi Division of the Federal High Court.

Dania further informed the court that there was no suit before the court when the judge delivered Judgment on the suit on January 5, 2024, even though the suit was originally assigned to a substantive judge, but that Justice Aluko heard the matter on January 5, 2024, as a vacation judge, whereas, there was no urgency in the case.

However, Barr Daniel O. Yeri, who announced an appearance for the same ITDH, vehemently opposed Dania and urged the court to go on with the business of the day, which was the hearing of all applications before the court.

Yeri also informed the court that he had filed Form 48, contempt of court, against Dania and his clients.

He submitted that members of the BIT-DHRA BOT who briefed Dania had been suspended and removed because they lacked the authority to brief Dania as members of the OT of IT-DHRA.

Ruling on the issue, Justice Aluko, after taking submissions from counsel, recused himself and ordered that the case files of the two suits be returned to the administrative judge of the Federal High Court for re-assignment to another judge.

Meanwhile, before Justice Aluko recused himself from hearing the two suits, Dania had petitioned the National Judiciary Commission (NJC), accusing the judge of misconduct and abuse of office.

Also, in a separate letter written to the admin judge of the Lagos Division of the Federal High Court, the petitioner urged the admin judge to retrieve suits numbered FHC/L/CS/642/2022 and FHC/L/CS/1236/2023 and assign them to another judge.

In the petition dated March 15, 2024, the lawyer accused Aluko of judicial misconduct in handling several suits involving his client, who are members of the BOT of the Incorporated Trustees of the Divine Homes Residents Association, Thomas Estate, Ajah, Lagos State, aka BOT IT-DHRA.

The petitioner stated that the way and manner in which the judge exercised his judicial discretion caused serious consequential avoidable damages to his clients, encouraged the negative exploitation of normal judicial procedure/proceedings to foist illegalities and conspicuous injustice on innocent Nigerian citizens, and created the impression that the courts can be used to undermine justice.

According to the lawyer, one Uche Henry Nwabueze, via originating summons, filed a suit against the IT-DHRA, FHC/L/GS 4237/2021, which was and is still pending before Hon Justice Peter Lifu of the Federal High Court.

Briefly

Lagos Judges Embark on One-Week Easter Break

The Chief Judge of Lagos State, Justice Kazeem Alogba, has announced a one-week Easter break for judges from March 29 to April 5.

The court will resume work on April 8.

The announcement was made in a public notice signed on his behalf by the Chief Registrar of the Lagos Judiciary, Tajudeen Elias.

The statement said, “Arrangements have been made for urgent cases during the Easter vacation as each judge shall deal with all urgent applications related to any substantive case already assigned to him/her. “Any urgent application (the substantive cause of which has not already been assigned) will be dealt with by the judge to whom the application is specifically assigned.”