Crime & Court
PMS: Court picks Jan 18 for judgment in Contractor, Oyo govt. suits
An Oyo State High Court sitting in Ibadan has fixed January 18, 2021 for judgement in a suit filed by a contractor, Mr Olufemi Oniyide of Moxharley Nigeria Limited against the state government over alleged intellectual property theft with respect to the Park Management System (PMS) in the state.
Justice Munta Abimbola fixed the date for judgment after parties adopted their written addresses and processes as their arguments in the matter.
Mega Icon Magazine reports that Mr. Olufemi Oniyide through his counsel, Olamiji Martins Esq, had earlier written the Oyo State Governor, Engr. Seyi Makinde
sometimes in February 2019 alleging that the Park Management System (PMS) currently in use by the state government was his idea which he submitted to the office of the Governor through his Chief of Staff, Chief Luqman Oyebisi Ilaka.
According to Oniyide , when the state government refused to look into the merit of his case, he took the matter to the Oyo State High Court sitting in Ibadan.
The matter with suit number I/421/2020 was filed on 14th May 2020 by Olamiji Martins Esq. and heard by Justice Munta Abimbola sitting in Court 1.
Oyo State Government, Attorney General of Oyo State, Chief Luqman Oyebisi Ilaka, Commissioner for Public Infrastructure and Transportation and Oyo State Board of Internal Revenue were sued as Defendants.
On the first day the matter came up in court, which was 21st May 2020, Justice Abimbola called the case ‘a novel matter’
On 10th August 2020, Oniyide’s lawyers, Olamiji Martins Esq. and Aborisade Adedayo Victor Esq. amended their Writ of Summons, Statement of Claim and Oniyide’s Oath. In the amended process, Oniyide through his lawyers alleged that the Oyo State government is liable under the Common Law Tort of Passing-Off, breach of contract and retroactive ratification under the law of agency having launched the unregistered proposal submitted by Oniyide as if it were that of Oyo State.
The Defendants were initially represented by the Director of Civil Litigation, Oyo State Ministry of Justice, Mrs. F. B. Segun-Olakojo Esq. who filed a memorandum of appearance on 3rd of June 2020.
However, Olakojo Esq. was replaced by another lawyer, Banjo Aiyenakin Esq. who is from Ondo State.
In open court, it was mentioned that Olakojo Esq was debriefed by the Attorney General of Oyo State, Prof. Oyelowo Oyewo SAN because the matter is a political matter. Aiyenakin Esq filed the Defendants’ Amended Joint Statement of Defence on 23rd September 2020.
On 23rd September 2020 Olamiji Martins Esq. opened the case for the Claimants and called Olufemi Oniyide who was the single witness.
Aiyenakin Esq. for the Defendants also called a single witness, Engineer Abayomi Oluwarotimi Atunbi, a Director at the Ministry of Public Works and Transports.
It was the case of the Claimants that the submission of the proposal to the Defendants constitutes an offer in law.
The launching of the same proposal constitutes an acceptance by conduct irrespective of the change in name.
He relied on the case recently won by the late Ibadan Billionaire, Chief Harry Akande against Shoprite Checkers Limited at the Court of Appeal, Lagos division.
Although , the Defense lawyer, Aiyenakin Esq argued that the Park Management System (PMS) was the idea of Governor Seyi Makinde, adding that the governor brought the idea from Europe. He maintained that the governor had the Park Management System (PMS) in the pipeline when he was campaigning in 2019.
Meanwhile, Justice Munta Abimbola called back the parties on 2nd December 2020 and 16th December 2020 for further address on the issue of jurisdiction as raised by the Defendants. He asked counsel to the Claimants whether the Oyo State High Court has jurisdiction to entertain a matter bothering on Passing-Off.
In his arguments, counsel to the claimants, Olamiji Martins Esq. responded by citing the Supreme Court case of Ayman Enterprises Limited v. Akuma Industries Limited to the effect that since Oniyide’s proposal as submitted to the Oyo State government wasn’t registered, a fact admitted under cross examination, passing-off right of action didnt arise from the infringement of any federal enactment and therefore the Federal High Court would not have jurisdiction to entertain the matter but Oyo State High Court.
Defendants’ lawyer, Aiyenakin argued that the Oyo State High Court doesn’t have jurisdiction to entertain the matter and placed heavy reliance on Section. 251(1)(f) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) adding that the Federal High Court is conferred with the jurisdiction to entertain matter related to copyright, patent, trademark and passing-off.
He, therefore urged the court to strike out the matter.
But, when asked to reply by Justice Abimbola, counsel to the claimants, Martins Esq argued that the Constitution didnt suggest that an unregistered proposal is at the sole jurisdictional prerogative of the Federal High Court.
A Magistrate Court sitting in Ado Ekiti, the Ekiti State capital, has granted human rights lawyer and activist, Dele Farotimi, bail to the tune of ₦30 million. The court also mandated Farotimi to provide three sureties with landed properties within its jurisdiction.
As part of the bail conditions, the court ordered Farotimi to refrain from granting media interviews and to submit his international passport to the authorities. The case has been adjourned to February 13, 2025, for further proceedings.
Farotimi, who had been remanded at a correctional center in Ado Ekiti, arrived at the court premises on Friday at approximately 9:45 a.m. He was conveyed in a prison van accompanied by a police escort. Upon arrival, the embattled lawyer raised his hands in appreciation of a cheering crowd that had gathered outside the court to show their solidarity.
The human rights advocate is facing prosecution for allegedly defaming a Senior Advocate of Nigeria (SAN), Afe Babalola. His arrest has ignited widespread public outcry, with many Nigerians and civil society groups condemning the action and demanding his immediate release.
Farotimi’s detention and subsequent arraignment have fueled debates about the boundaries of free speech and defamation laws in Nigeria, with critics arguing that the case may stifle dissenting voices in the country.
Police operatives have apprehended a 25-year-old man, Enediong Bassey, in possession of a pump-action gun concealed in a bag of rice at Nkwelle-Ezunaka.
The suspect, a native of Ikono Local Government Area in Akwa Ibom State, was arrested on November 22, 2024, at 6:38 pm following credible intelligence.
This was disclosed in a statement issued on Tuesday by the Police Public Relations Officer, Anambra State Command, SP Tochukwu Ikenga.
The statement revealed that officers attached to the 3-3 Divisional Headquarters, led by CSP Emeka Obi, acted swiftly to intercept Bassey.
During interrogation, he admitted to being a member of a local vigilante group but confessed to plans of absconding with the weapon to join a criminal gang involved in armed robbery and other illicit activities.
“Given the above and following other complaints and unprofessional conduct by some security outfits and vigilante members, the Commissioner of Police, CP Nnaghe Obono Itam, in line with the principles of community policing, reiterates the calls for profiling of security operatives assisting the police and other security agencies on anti-crime operations to improve safety in the state,” the statement read.
In light of the situation, the Commissioner of Police has directed the immediate transfer of the suspect to the command’s anti-robbery squad for a thorough investigation.
The Anambra State Police Command reassured residents of its commitment to ensuring the safety and security of lives and property, urging vigilance and collaboration with law enforcement.
Justice Ayokunle Faji of the Federal High Court in Lagos has ordered an accelerated trial of four bloggers accused of defaming and cyberstalking the management of Guaranty Trust Holding Company (GTCO), including its Group CEO, Mr. Segun Agbaje.
The defendants—Precious Eze, Olawale Rotimi, Rowland Olonishuwa, and Seun Odunlami—face a 10-count amended charge for allegedly publishing false and defamatory content about GTCO on various social media platforms.
During proceedings on November 13 and 14, Justice Faji dismissed their bail applications, citing the severity of the charges, which carry potential penalties of up to 14 years in prison.
The judge specifically noted that Precious Eze had previously been charged with a similar offense in another court and was on bail at the time of the alleged actions, demonstrating a likelihood of reoffending.
Justice Faji emphasized the destabilizing impact such actions could have on the banking sector, pointing to the cross-border nature of some of the allegations.
“The regulatory oversight of institutions like the Central Bank of Nigeria (CBN) should not be undermined by false claims,” the judge remarked, referencing GTCO’s CBN-approved audited statements.
At the previous hearing, defense counsel Afolabi Adeniyi had urged the court to grant bail on liberal terms, arguing that the defendants were ready to stand trial.
However, the prosecution counsel, Chief Aribisala, SAN, opposed the motion, raising concerns about the defendants potentially absconding and stressing the need for a swift trial.
In his ruling, Justice Faji rejected the defense’s plea, ordering an expedited trial to address the case’s significant implications for the financial industry.
The trial has been adjourned to December 10 and 12 for continuation.
-
Metro2 days agoGrim Friday: Man, Wife, Grandson Perish in Ibadan Fire
-
News3 days ago
Bank Robberies Now History in Lagos Since 2014 – IGP
-
News2 days ago
NNPCL Refutes Shutdown Claims: Port Harcourt Refinery Fully Operational
-
Crime & Court3 days ago
Human Rights Lawyer, Dele Farotimi, Granted ₦30m Bail
