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PMS: Court picks Jan 18 for judgment in Contractor, Oyo govt. suits

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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.

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Crime & Court

Bloggers Denied Bail Over Alleged Blackmail of GTCO, CEO, Citing Repeat Offenses

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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.

 

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Crime & Court

EFCC Chair Raises Alarm on Rampant Fraud in Nigeria’s Electricity Sector

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Ola Olukoyede, Chairman of the Economic and Financial Crimes Commission (EFCC), has raised concerns over widespread corruption in Nigeria’s electricity sector, attributing frequent national grid failures to fraudulent practices involving substandard materials.

Olukoyede made these remarks on Tuesday during a visit from the House of Representatives Committee on Anti-Corruption and Financial Crimes to the EFCC headquarters in Abuja.

He revealed that ongoing investigations in the power sector had exposed disturbing levels of malpractice, often resulting in compromised infrastructure and recurrent grid collapses.

“As I am talking to you now, we are grappling with electricity. If you see some of the investigations we are carrying out within the power sector, you will shed tears,” Olukoyede stated.

He further explained that contractors awarded projects to supply electrical equipment were substituting recommended materials with cheaper, inferior alternatives.

“People who were awarded contracts to supply electricity equipment, instead of using what they call 9.0 gauge, they will buy 5.0,” he said, noting that such fraudulent practices contribute significantly to the country’s unstable power supply.

“So, every time you see the thing tripping off gets burnt, and all of that, it’s part of our problems.”

The EFCC boss disclosed that the agency would be intensifying efforts toward crime prevention rather than focusing solely on asset recovery.

He emphasized that future scrutiny would prioritize spending by government ministries and agencies to curb misappropriation at the source.

 

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Nigerian Man Wanted for Child’s Murder Added to U.S. Marshals’ “15 Most Wanted” List, $25,000 Reward Offered

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A Nigerian man, Olalekan Abimbola Olawusi, 48, is now among the U.S. Marshals Service’s “15 Most Wanted” list.

Authorities are offering a reward of up to $25,000 for any information that results in his arrest.

He is sought on charges including first-degree murder, causing serious bodily harm to a child, and unlawful flight to avoid prosecution, according to a report on the U.S. Marshals Service’s website.

Olawusi was charged with first-degree murder and two counts of causing serious bodily harm to a child after emergency personnel in Providence, Rhode Island, found his 3-month-old son with severe injuries on April 3, 2017.

The infant was in cardiac arrest and needed resuscitation to restore a pulse. A medical examination later revealed the child had 18 injuries in various stages of healing, consistent with prolonged abuse.

These injuries included a skull fracture, severe brain injury, and fractures to the ribs, clavicle, and limbs. Tragically, the child died six months later, despite life support efforts.

Providence Police initially arrested Olawusi on April 20, 2017, on charges of first-degree child abuse. He was released the same day but fled after the child’s death on October 31, 2017, at which point the charge was upgraded to murder.

In June 2017, Olawusi reportedly left the United States from John F. Kennedy International Airport in New York, traveling to Nigeria on his Nigerian passport. Authorities suspect he may be receiving support from relatives in Nigeria and have voiced concerns that he could pose a danger to other children.

“Mr. Olawusi is wanted for the abuse and murder of an innocent child, and has fled the country to avoid justice,” said U.S. Marshals Service Director Ronald L. Davis.

“We have placed Mr. Olawusi on our 15 Most Wanted list due to the heinous crimes he’s committed and the threat he continues to pose to the public. The USMS will exhaust all resources necessary to bring him to justice for his family and the community.”

Olawusi, also known as Olekun Olawusi, is described as approximately 5 feet 8 inches tall, weighing around 185 pounds, with black hair and brown eyes. Authorities encourage anyone with information regarding his whereabouts to contact the U.S. Marshals at 1-877-WANTED2 (926-8332) or via the USMS Tips App.

The “15 Most Wanted” fugitive programme, established in 1983, identifies some of the most dangerous and high-profile fugitives in the U.S. Known for their extensive criminal backgrounds, these fugitives often pose significant risks to public safety.

Since its creation, the programme has led to the capture of over 250 high-risk individuals, including murderers, sex offenders, and organized crime figures.

In collaboration with federal, state, and local law enforcement agencies, the U.S. Marshals Service plays a crucial role in fugitive investigations.

In fiscal year 2023 alone, USMS-led fugitive task forces arrested over 73,000 fugitives and resolved nearly 86,000 warrants, demonstrating their commitment to public safety and justice.

 

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