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.
The Economic and Financial Crimes Commission (EFCC) has declared Yahaya Bello wanted for an alleged financial crime to the tune of N80.2 billion,” Nigeria’s anti-corruption agency announced.
“Former Kogi State Governor, Yahaya Bello, is wanted by the EFCC for offences relating to economic and financial crimes to the tune of N80.2 Billion,” the EFCC stated in a Thursday evening Facebook post titled ‘Ex-Gov Yahaya Bello Wanted By the EFCC.’
“Anybody with information as to his whereabouts should report immediately to the Commission or the nearest police Station,” the statement continued.
This declaration follows the absence of the chieftain of the ruling All Progressives Congress (APC) from the Federal High Court in Abuja earlier in the day for a suit instituted against him by the EFCC.
Consequently, Justice Emeka Nwite adjourned the suit and called for substituted service and the possible arraignment of Bello for alleged money laundering.
Operatives of the National Drug Law Enforcement Agency (NDLEA) have apprehended a Delhi-bound passenger, Freeman Charles Ogbonna, at the screening point of terminal 2 of the Murtala Muhammed International Airport (MMIA) Ikeja Lagos.
Ogbonna was detained for ingesting 80 wraps of cocaine.
The arrest took place on Sunday, March 31, 2024, as Ogbonna attempted to board a flight to Delhi, India via Doha on Qatar Airways.
He was in possession of a Liberian international passport under the name Carr Bismark.
According to NDLEA spokesman, Femi Babafemi, the suspect underwent a body scan which detected the presence of illicit drugs. Upon further investigation, it was discovered that Ogbonna’s real identity was Freeman Charles Ogbonna.
He was then placed under NDLEA observation, where he began to exhibit signs of discomfort.
“Obviously choked by the volume of illicit drugs in his stomach and another substance taken to hold back excretion, the suspect soon began to retch before starting to vomit and excrete wraps of cocaine he ingested almost simultaneously,” Babafemi stated.
“Over four days, Ogbonna expelled a total of 80 wraps of cocaine weighing 889 grams through his mouth and anus. Despite the grave risk to his life, Ogbonna claimed he was coerced into drug trafficking by a relative. He confessed that he was given the drugs to swallow at a hotel in the Ipodo area of Ikeja, with a promise of a cash reward of N300,000 upon successful delivery of the consignment in India”.
The NDLEA has since detained Ogbonna as investigations continue into the drug trafficking operation.
The Federal High Court in Lagos has set April 9, 2024, as the date to sentence the controversial cross-dresser and social media sensation, Idris Okuneye, popularly known as Bobrisky.
This decision came after Bobrisky pleaded guilty to a four-count charge of Naira abuse brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Abimbola Awogboro, who presided over the case, reserved the date for the sentencing.
The courtroom proceedings commenced promptly at 11:55 am, with Mr. Sulaiman Sulaiman representing the EFCC, and Mr. Ayo Olumofin appearing for the defendant.
During the session, Justice Awogboro directed Bobrisky to uncover his face, previously obscured by a black hijab, which he complied with.
The EFCC initially filed a six-count charge against Bobrisky, but the prosecutor, Sulaiman, requested the court to strike out counts five and six due to an agreement reached with the defendant.
Justice Awogboro granted the request, leaving counts one to four for consideration.
Bobrisky pleaded guilty to each of the four counts, confirming his understanding of the charges brought against him.
The EFCC prosecutor proceeded to present the case’s facts, calling an EFCC Assistant Superintendent, Mr. Bolaji Temitope, as a witness. Temitope outlined how the EFCC became aware of Bobrisky’s actions through intelligence gathering and surveillance of social media activities.
The witness testified to several instances where Bobrisky was observed spraying Naira notes during events, supported by video evidence which was admitted by the court as exhibits.
In a bench ruling, Justice Awogboro convicted Bobrisky as charged, despite his plea for mercy and assertion of ignorance of the law.
Bobrisky, expressing remorse, requested a second chance to educate his followers on the consequences of Naira abuse, citing his substantial social media influence.
His legal counsel urged the court to consider a non-custodial sentence and an option of a fine, highlighting Bobrisky’s commitment to reform.
Sentencing has been adjourned till April 9, with Bobrisky facing the possibility of six months imprisonment, a fine of N50,000, or both, in accordance with Section 21(1) of the CBN Act 2007.
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