Law
Court steps down Osinachi husband’s case due to multiple counsel
Court steps down Osinachi husband’s case due to multiple counsel
The alleged culpable homicide suit against Peter Nwachukwu, husband of the late gospel singer, Osinachi in a Federal Capital Territory High Court on Monday, was stepped down in order for his lawyers to align themselves to represent him.
When the matter slated for hearing before Justice Njideka Nwosu-Iheme came up, the Prosecution Counsel, Aderonke Imana, informed the court that the matter was for hearing and that they were ready to proceed.
A. Ogbonna also announced his appearance as watching brief of the nominal complainant.
The counsel that represented the defendant during his arraignment, Victor Abakpa, however, prayed the court to adjourn the matter until Tuesday, as another lawyer from a different chamber just informed that he was taking over the case.
He further stated that he was equally served additional proof of evidence in the court just before the court started the day’s proceedings.
I.A Aliyu on his part informed the court that he was briefed by the defendant on June 18 to take over the case.
The court, therefore, stepped down the case to 11 am in order for counsel to align themselves and come properly before it.
News Agency of Nigeria (NAN), reports that in Monday’s proceeding, family members of the deceased singer, Osinachi were in court.
Prominent amongst the family members were her two children, mother and twin sister.
The matter which was adjourned until June 16, could not go on due to the absence of the judge.
The defendant was earlier arraigned on June 3 and was remanded in Kuje Correctional Centre after he pleaded not guilty to the alleged homicide charge filed against him by the Attorney-General of the Federation.
He was therefore remanded pending the hearing and determination of the 23-count charge bordering on domestic violence and homicide instituted against him.
Nwachukwu was arrested by the Nigeria Police after his wife died on April 8 following widespread allegations by their children, family and colleagues that he battered her leading to her death.
According to the charge, the crime he allegedly committed contravenes Sections 104 and 379 of the Administration of Criminal Justice Act, (ACJA) 2015, Section 221 of the Penal Code and the Violence Against Person’s Prohibition Act (VAPP) 2015.
The charge read in part: “That you Peter Nwachukwu, 56, male, on the April 8 at Aco Estate, opposite Police Station, Lugbe, Abuja, FCT, within the jurisdiction of this court, did commit an offence to with: culpable homicide punishable with death in that you caused the death of Osinachi N.
“This was caused by your various acts of violence and aggravated assault with the knowledge that her death would be the probable consequence of your act.
“Particulars of offence: That you, Peter Nwachukwu, male, sometime between Nov. 14, 2009 and April 2022 at Aco Estate, opposite Police Station, Lugbe, Abuja, FCT, within the jurisdiction of this court, did commit an offence to wit: emotional, verbal and psychological abuse on Mrs Osinachi Nwachukwu (deceased).
“This was caused by humiliating her and making utterances like ‘you are smelling,’ ‘you are mad,’ to her in the presence of her music crew members.”
The statement of offence bordered on emotional, verbal and psychological abuse contrary to Section 14(1) of the Violence Against Persons (Prohibition) Act, 2015 and punishable under the same section of the Act.
The late gospel singer was popularly known for her song “Ekwueme”.
Rimingado Remains Substantive Chairman, Kano Anti-graft Agency – Court Declares
By Our Reporter
The National Industrial Court sitting in Abuja has declared Barr. Muhuyi Magaji Rimingado, the suspended Chairman of Kano State Public Complaints and Anti-Corruption Commission, as the Substantive Chairman of the agency.
This is contained in a judgment delivered by the court, presided by Justice Oyejoju O. Oyewumi in Abuja.
Barr. Muhuyi Rimingado had instituted a case before the court challenging his illegal and indefinite suspension from office since July 2021, for rejecting the posting of a GL4 officer as an accountant to the commission and other sundry investigation activities involving the first family of Kano State.
Justice Oyejoju Oyewumi ruled that up till date the appointment of the Claimant by Governor Abdullahi Umar Ganduje has not been terminated because no further action or letter of termination of appointment has been given to the complainant, hence Rimingado remains the chairman.
The court further ordered the 1st defendant in the suit (Kano State Government) to pay the Claimant (Rimingado) the sum of N5,713,891.22, being his 17 months salary arrears from the date of his suspension to the date of the judgment (Dec. 14, 2022). The court added the complainant should be paid his monthly salary from the day of the judgment to the date of his reinstatement.
According to the judgment sighted by our correspondent, the suspension letter of the claimant did not specify with or without salary.
Justice Oyejoju Oyewumi also ruled that the suspension of Barr.Muhuyi Rimingado should not be a permanent deprivation of right, unlike termination which required giving the employee an opportunity of being heard.
The court however struck out the relief of Barr. Muhuyi Rimingado to quash his suspension because of a similar case pending before a Kano High Court.
The court also faulted the harassment and intimidation of the embattled anti-corruption czar by the Kano state police command where he was arrested with a warrant that discloses no offence.
Justice Oyejoju Oyewumi viewed such molestation an act of impunity without legal justification and therefore restrained the commissioner of police (the 6th defendant) “perpetually from meddling in the affairs of the claimant in any matter affecting his work place”.
Rimingado Remains Substantive Chairman, Kano Anti-graft Agency – Court Declares
Federal high Court jos declares Patrick Dakum winner of the governorship candidacy tussle
By Bodunrin Kayode
The Jos Division of the Federal High Court has dismissed a suit filed by Amb. Yohana Margif seeking the court to declare him as the lawful candidate of the Labour party.
With this development Dr Patrick Dakum was declared as the legitimate Gubernatorial candidate of the Labour Party (LP) in Plateau State for the upcoming 2023 General Elections.
Justice Ageshi affirmed that Margrif withdrew his candidature by virtue of the documents tendered by Dr. Dakum in court.
Federal high Court jos declares Patrick Dakum winner of the governorship candidacy tussle
Alleged defamation: Court to hear N1bn suit against Ned Nwoko Feb. 27
A Federal Capital Territory (FCT) High Court, Abuja, has adjourned a N1 billion defamatory suit filed by Dr. Gabriel Ogbechie against Mr. Ned Nwoko until Feb 27 for hearing.
Justice Chizoba Oji adjourned the matter after counsel for the parties stated their positions on their resolved to explore an out-of-court settlement.
When the matter was called for hearing, Ogbechie’s counsel, Ekemejero Ohwovoriole, SAN, informed the court that the out-of-court settlement had broken down as the defendant had not reached out to him since the last adjourned date.
But Onyeka Nwokolo, who appeared for Nwoko, told the court that he had not been able to proceed with the planned reconciliation because his client had been indisposed.
Nwokolo, who said that he discussed the possibility of the settlement with his client, said he was still convinced that the window for settlement could still be explored.
He admitted that he had not been able to communicate the outcome of their discourse with the claimant’s lawyer.
Ohwovoriole, however, disagreed with Nwokolo’s submission, stating that the defendant had 180 days from May 30, the last adjourned date, to explore the avenue.
The lawyer said he was ready to proceed with the case.
Justice Oji agreed with the submission of Ohwovoriole and called for commencement of hearing in the suit.
She however advised both parties to explore the out-of-court-settlement option before the next hearing date.
The judge adjourned the matter until Feb. 27 for further hearing or report on the outcome of the reconciliation.
Ogbechie, in the writ of summons marked: CR/560/2021, had sued Nwoko as sole defendant.
In the suit, Ogbechie is claiming, among others, a retraction of the defamatory publication allegedly made by Nwoko, a written apology and the sum of N1 billion as damages.
Alleged defamation: Court to hear N1bn suit against Ned Nwoko Feb. 27
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