CRIME & PUNISHMENT

Life After Incarceration: Will Bobrisky Get His Groove Back?

Funke Olaode

In a sleek black SUV, with plush hair and a fresh face, the social media celebrity Idris Olanrewaju Okuneye, aka Bobrisky, was seen leaving the Kirikiri Correctional Centre for two days.

In footage that has since gone viral, Bobrisky was spotted inside a luxury car accompanied by two friends as they departed from the prison vicinity. They were vibing to Mohbad and Chike’s viral song, ‘Egwu’. The video also captured his friends saying, “We’re out of prison. Congratulations, Bobrisky.”

The controversial crossdresser on Monday regained his freedom after spending six months in incarceration for abusing the naira by spraying it at parties. He was sentenced without the option of a fine. Before the sentencing, the judge asked Bobrisky about his sex, and he quickly replied, “I am a man.”

The Ogun State-born Nigerian fashion model, internet personality, beauty therapist, entrepreneur, and LGBTQ+ activist became famous for documenting her transition on social media. He usually sensitizes people about the LGBTQ+ community and advertises fashion and beauty products on social media.

While courting his fans, he did not shy away from discussing her sex life in public. Conservative Nigerians, including his parents, frown upon Bobrisky’s controversial character and lifestyle.

The crossdresser was even adjudged the “best dressed female” at the premiere of a movie of one of his best friends, which led to controversy amongst his fans, the partygoers, and society which saw it as absorb. But the joy was short-lived as the hand of law caught up with him.

Bobrisky’s travail began on April 12, following sentencing by Justice Abimbola Awogboro of the Lagos High Court for mutilation of naira notes during a case brought against him by the Economic and Financial Crimes Commission (EFCC).

“That you, Okuneye Idris Olanrewaju, on the 24th day of March 2024, at Imax Circle Mall, Jakande, Lekki, within the jurisdiction of this honourable court whilst dancing during a social event, tampered with the total sum of N400,000.00 notes issued by the Central Bank of Nigeria by spraying same and you thereby committed an offence contrary to and punishable under section,” said the charge sheet.

Justice Awogboro pointed out that “naira mutilating continued to damage the image of the country.”

The judge added, “Enough of people mutilating and tampering with our currencies. It has to stop.”

Bobrisky was initially charged on a six-count charge of money laundering and abuse of the naira by the (EFCC) on April 5. However, once he admitted to the crime, the court dropped the money laundering allegations against him but found him guilty of naira abuse. Additionally, the court ruled that he should be kept in the custody of the EFCC in Lagos. But on April 5, Bobrisky entered a guilty plea to the commission’s four charges of naira misuse.

Having mastered his act, Bobrisky has become a celebrity you may not like but can’t be ignored. Always dress to a nile and keep head turning at any society gathering.

He has loads of followers, which rival several of his controversies. But always come out unscratched. For those who have followed his life trajectory since leaving school, Bobrisky has never practised his calling as an accountant. He has always stirred controversy as he appears in public functions in female costumes. In 2021, he revealed a new physical appearance to become more feminine after surgery. But for someone who has ridden on the high horse before his adversity, will he be able to face society again? Asked a source who saw the video of unremorseful Bobrisky.

Maybe, and maybe not. Only time will tell as he continues to bask in the euphoria of new freedom.

Alleged N65.16m Debt: Lottery Commission Files Stay of Execution As Court Declares Sealing of Nestle Offices Illegal

Wale Igbintade

The National Lottery Regulatory Commission, and the National Lottery Trust Fund have filed a stay of execution of the judgement of Justice Daniel Osiagor of the Federal High Court in Lagos, which declared the invasion and sealing up of Nestle Nigeria Plc office illegal and unconstitutional.

Justice Osiagor had, in his judgment delivered on November 29, 2023, in suit number FHC/L/CS/1418/2022 declared the invasion and the sealing up of the applicant’s head office (Nestle Nigeria Plc) at 22-24 Industrial Avenue, Ilupeju, by the NLRC, amounted to compulsorily taking possession of the applicant’s property without due process, in contravention of Section 44(1) of the 1999 Constitution (As Amended).

The judge also declared the forcible occupation of the applicant’s premises and the consequential restraining of the applicant’s employees freedom by the respondents until a letter of undertaking was forced to be signed by the applicant for the payment of an alleged N65,155,365.00 within four days, as well as the subsequent payment of the said sum to the 1st respondent, contravened Section 34(1), right to dignity of person under the 1999 Constitution of the Federal Republic of Nigeria (As Amended). 

Dissatisfied with the judgment, the National Lottery Regulatory Commission filed a Motion on Notice bought pursuant to Order 32 Rule I of the High Court of Lagos State Civil Procedure Rules 2019 and under the court’s inherent jurisdiction.

The NLRC is asking the court to stay the execution of the judgment pending the hearing and determination of the appeal and for such further and other orders as the court may deem fit to make in the circumstances, claiming that the first defendant/respondent has filed and served the plaintiff with the notice of appeal, stressing that the grounds of appeal raise substantial and arguable points of law, such that the execution of the judgment in this matter should be stayed until the issues are determined on appeal.

Nestle Nigeria Plc had, in a fundamental right enforcement suit filed by its lawyer, Dr. Tunji Abayomi, stated that on or about May 28, 2012, the applicant and the Nigerian Employers Consultative Association initiated an action in the Federal High Court seeking reliefs against the respondents (NLRC and the National Lottery Trust Fund), and others for sealing up of its office premises in Jos, the harassment of the staff, and the threat to seal up its office in Kaduna and the sealing off the office of the applicant’s distributor and the arrest of the staff of the applicant at Ilorin.

The company stated that even if the establishment of the first and second respondents was within the legislative powers of the federal government, sales carried out by the applicant could not come within the lottery powers of the first and second respondents.

The firm stated that the unilateral use by the first and second respondents of state police power to seal off the applicant’s premises was wrongful and unlawful.

It further stated that the Federal High Court, presided by Justice Adeniyi Ademola, delivered a judgment on November 10, 2015, striking out the suit of the applicant and NECA on the ground that they did not give the first and second respondents a pre-action notice.

The said judgment was subsequently appealed by the respondents and cross-appealed by the applicant and NECA. The applicant and NECA after that filed a motion praying the appellate court to injunct any further action of sealing up or taking possession of the applicant’s premises by the NLRC and the NLTF pending the determination of the appeal.

The applicant stated that notwithstanding that the appeal is presently before the appellate court, to which the applicant and the respondents’ are parties, the NLRC, in the exercise of self-help, threatened the applicant with forcible sealing up of her business premises unless the applicant paid N65, 155,365.00 alleged to be due to them.

It is the position of the applicant duly communicated to the respondents that the parties, in due respect for the administration of justice, should tarry and await the decision of the appellate court in light of the prevailing appeal of both parties and application for injunction pending before the court, especially considering that it was the respondents that first appealed the judgment of the Federal High Court before the applicant cross-appealed.

It added that on October 7, 2019, the respondents in the company of heavily armed police officers invaded and took possession of the premises of the applicant and forcibly sealed up the premises while over 100 employees were on duty by either forcing employees out of their offices or preventing employees and applicant’s customers entry or exit from the premises until the applicant signed a letter of undertaking to pay an alleged sum of N65, 155,365.00 which the Respondents claimed to be due to them within four days.

“That the business and operations of the Applicant suffered a serious and embarrassing downturn because of the halting and disruption of its operation upon the invasion of its premises by the respondents with armed policemen and the total taking possession of the said premises,” it argued.

The plaintiff said, “Over an estimated 100 employees of the applicant were at work at the taking possession by the respondents, many of these workers were kept restrained in violation of their Constitutional Rights to personal dignity, personal liberty and freedom of movement as guaranteed under Sections 34(1), 35(1), and 41(1) of the 1999 Constitution of Federal Republic of Nigeria (As Amended).”

Court to Determine Legal Status of Pan Atlantic University

Wale Igbintade

Justice Olabisi Ogungbesan of the Tafawa Balewa Square Division of the Lagos High Court will, on September 26, 2024, rule on the legal status of Pan Atlantic University.

The court will also determine whether the university is a juristic entity that can be sued.

Justice Ogungbesan fixed the date after taking arguments from counsel to the claimant, Chief Uche C. Ihediwa (SAN), and lawyer to the defendants, Mr. A.O Okafor.

The claimant, Prof. Nduka Otiono had sued Mrs. Josephine Effah-chukwuma, wife of a former Regional Director, Ford Foundation, the late Innocent Chukwuma, and the university over the biography of her late husband, titled ‘Possibilities Unlimited – A Biography of late Innocent Chukwuma’.

In suit number LD/10395GCMW/2023, the claimant prayed the court for a declaration that the defendants breached the contract terms when they failed to approve the manuscript within 30 days by March 14, 2023.

He also urged the court to declare the defendants’ letter dated May 8, 2023 purporting to terminate the contract between the parties as wrongful, illegal, null and void.

When the matter came up on Friday for hearing, counsel to the defendants, Okafor, urged the court to strike out the name of the second defendant (Pan Atlantic University) from the suit for being not a person known to law and incapable of being sued.

The application was brought pursuant to Order 15 Rule 17 (1) and Order 43 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules, 2019, and Section 6(6) of the Constitution.

He submitted that “there is no existing legal entity or person known as Pan Atlantic University (proprietor of Lagos Business School) or Pan Atlantic University,” as described in the respondent’s originating processes.

He argued that the Lagos Business School and the Lagos Business School Sustainability Programme are not legal entities or juristic persons capable of being sued.

Opposing the application, the claimant’s counsel, Ihediwa, argued that it is not the rules of the court that bestow juristic personalities on corporate entities, adding that statutes confer juristic personality. He submitted that the court rules merely provide for how categories of juristic persons may be sued.

Otiono, in his statement of claims, stated that  around mid-2021, the first defendant (and representatives of the Ford Foundation, West Africa) approached him and offered him a ghost-writer proposal through a request for proposal document. 

The claimant averred that on or about November 2021, he negotiated a contract with the defendants to write a biography of the late Chukwuma titled ‘Possibilities Unlimited – A Biography of late Innocent Chukwuma’. The claimant stated that executing the assignment involved the engagement of assistants, extensive travel within and outside Nigeria, research and analysis of materials on the deceased’s life, reviewing the work of the deceased, conducting several interviews, identification of contributions to civil society, criminal justice reform, youth and women rights, among others.

The claimant averred that the Ford Foundation funded the project through the defendants. The claimant stated that the consideration for the project was $37,779.00. The defendants paid the claimant 70 per cent of the agreed sum, which amounted to $26,445.3, leaving a balance of $11,333.7 or 30 per cent of the contract sum.

The claimant averred that the extended time and extensive work on the biography project and the subsequent failure to publish the biography as agreed has caused him untold hardship, denying him the time and concentration to work on other professional assignments for professional advancement. He further stated that all efforts to have respectable mediators related to both parties settle the matter with the Defendants proved abortive.

When his efforts at settlement were rejected by the defendants, with the defendants also refusing to pay the outstanding $11,337.7, the claimant was constrained to retain the services of lawyers at a cost of N10,500,000 to ventilate his claim, consequently seeking a “declaration that he had completed the biography of late Innocent Chukwuma in accordance with the terms of reference between the parties” and a “declaration that the defendants, their servants, privies, or anyone hired by them is not entitled to use any material and or written by the claimant to publish a biography of late Innocent Chukwuma.”

He also demanded N100 million as special and general damages.