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Fresh Trouble For Lekki Gardens MD, Richard Nyong……

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3 years ago

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—–How His ploy to kill Criminal case failed. + risks jail as judge fumes

An attempt by the managing director of Lekki Gardens Estate Ltd, Richard Nyong to quell criminal charges against him and others by the Lagos State government has failed.

Reports have it that the state government had sued them over the collapse of a five-storey building under construction on Kushenla Road in the Ikate Elegushi area of the state which killed no fewer than 35 persons on March 8, 2016.

Nyong is standing trial alongside Lekki Gardens Estate Limited and Get Rich Investment Limited known as Horizon 1 Extension, House H15, Mr Sola Olumofe; the firm’s contractor, Odofin Henry Taiwo; Omolabake Mortunde, Omotilewa Oluwatosin Joseph, Lekki Gardens, and HC Insight Solution Limited. They were arraigned on a six-count charge bordering on failure to obtain building approval for the collapsed building and involuntary manslaughter, where they pleaded not guilty and were granted bail.

After the building collapsed on March 8, 2016, Lekki Gardens Estate reported that five people died in the incident as against the official figure of 34 casualties.

The state government had also argued that the collapsed building had been sealed by the Lagos State Building Control Agency and served contravention notice for exceeding the approved floors, but Messrs Lekki Worldwide Estate, the promoters of Lekki Gardens, continued construction.

“In a brazen act of defiance and impunity, the owners of the building, Messrs Lekki Worldwide Estate Limited, the promoters of Lekki Gardens, criminally unsealed the property and continued building beyond the approved floors until the unfortunate incident which has led to loss of lives,” it said.

The prosecutor who is the attorney-general of Lagos State, had told the court that the defendants committed the offences between August 2014 and March 8, 2016 at House H15, Horizon 1, Extension, Ikate in Elegushi, Lekki.

The prosecutor said that the defendants commenced and finished building a six-storey complex without building permits and other building approvals.

“The defendants constructed the building with gross negligence and disregard to human life which led to the death of five people.

Maruis Agwu, prosecution witness, an architect, while testifying before Justice Sybil Nwaka of the Ikeja Division of the Lagos State High Court, said that the initial plan of the building was for a three-storey building, but that Nyong later told him of his intention to increase the building to five floors because of the high demand of subscribers.

According to Agwu, when he discovered the defect on the collapsed building which was brought to their notice by one Madam Omolabake Mortunde, he drew the Lekki Gardens managing director’s attention to it and he said he was going to do something about it but he never did.

However, while being cross examined by the counsel to the first, sixth and seventh defendants Wole Olanipekun SAN, the witness (Agwu) admitted that he was not a registered architect, he also said that he did not sign nor seal the design of the collapsed building, but that the company did not direct him to sign nor seal the design.

At the continuation of trial recently, Justice Nwaka, in charge of the case, rejected an out-of-court settlement between the state government and Lekki Gardens Estate.

Justice Nwaka rejected the “Plea and Sentence Agreement” between the state and the company because it was drawn up in the absence of families of those who died in the incident.

The judge queried the two parties for not specifying the names of family members who would receive the N10 million compensation for the five persons whom the company insisted were the only casualties of the building collapse.

Mrs Nwaka also faulted the amended charge arising from the out-of-court settlement for leaving out the criminal aspects of the original charges preferred by the state government against the property development company.

After hearing from the defence and prosecution counsel at the continuation of trial, Mrs Nwaka berated the lawyers for tendering a ‘Plea and Sentence Agreement’ and an ‘amended charge’ before the court without observing due diligence.

“The new charge is not before the court as far as I am concerned, we are still on the entire charge,” she said.

Babajide Taiwo, the prosecution counsel, told the court that within the period and the last adjournment, all the parties involved had “bargained on an agreement on January 23, 2020.

“All the parties signed the amended charge and the plea and sentence agreement,” he said.

Bode Olanipekun, the defence counsel who represented Mr Nyong and the sixth and seventh defendants, said the parties explored the possibility of a resolution without going into a full-court trial, which led to a plea and sentence agreement and an amended charge.

He said the parties had found a common ground for the compensation of the families of the deceased as well as the state government.

Ayomide Adebayo, who represented the 3rd and 8th defendants; and Emmanuel Ihaoda, who represented the 4th and 5th defendants, told the court they were parties to the agreement and the amended charge.

The counsel prayed the judge to enter the agreement as the judgement of the court.

The judge, Mrs Nwaka, who initially requested time to go through the agreement, became furious after seeing that the amended charge left out some cogent parts of the criminal charges against the defendants.

“The amended charge is talking just about the failure to obtain building permits and other building approvals. The amended charge did not contain negligence, loss of lives and others.

“Many lives were lost, breadwinners of many families,” she said furiously.

In defence, Mr Olanipekun said there were frank engagements on both sides before an agreement was reached.

“My Lord, there were responsible deliberations which led to the agreement,” he said.

He added that at the stage the agreement was reached, the prosecution took cognisance of the absence of certificates of deaths and post-mortem results of the deceased.

“Some families wanted compensation and the agreement caters for monetary compensation for the families of the deceased listed in the agreement,” he said.

Mrs Nwaka, while reviewing the agreement, said it was the first time it was presented to the court and she could not give any verdict without thoroughly going through them.

Mr Olanipekun highlighted that five persons were listed in the agreement and N10 million would be paid to the estate of each of the deceased, while N100 million would be paid to the state government.

“Are you saying you are paying more to the state government than the deceased families? Five families will get N50 million while the state will get N100 million?” the judge asked.

Mr Olanipekun further clarified that the families of people involved in the accident received intervention in the form of monetary support paid by the defendants.

“If there were supports, they should be in the copy of this agreement, you need to bring more facts to assist the court,” Mrs Nwaka said.

After asking the counsel if the families of the deceased who are to receive the compensation were present when the agreement was signed, the court realised that the families were neither present nor were their names listed in the agreement.

“It is the state government that will administer the disbursement. We have no direct contact with the families of the deceased,” Mr Olanipekun said in defence.

“You cannot just give money in a vacuum, and you expect me to agree to this agreement? It is easy to put names. It is not just to put the names of the deceased, who are you giving the N10 million to? Who are the dependants or persons to receive the money? They should be identified,” the judge said.

Mr Taiwo, the prosecution counsel, told the court that the families and all parties were duly notified. “It is one thing to notify them, it is another thing for them to be present in court.”

The judge said she had not requested their presence in court but added that it was not acceptable for the names of the families or those that will receive the N10 million not to be mentioned.

“They could give the money to people who are not related to the deceased. I know government, yes, they are going to get the N100 million, but I must identify the families,” the judge said.

“And you want me to agree to this? I refuse, I am not satisfied, I thereby refuse the agreement,” Mrs Nwaka said.

Mrs Nwaka ordered that the counsel get the names of the family members that will receive the compensation and they must also present them in court.

“Go and do your work learned souls. This is not a wishy-washy thing; lives are involved. Trace their families and bring them to court,” she ordered.

 

 

Source: THE WITNESS

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Reactions as Korra Obidi travels to Hawaii for vacation after fans donated $50,000 for legal fee

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5 days ago

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May 13, 2024

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Nigerians across social media have begun to slam popular Nigerian-American singer and dancer, Korra Obidi, as she flew immediately to Hawaii in the United States after completing her GoFundMe $50,000 target.

Obidi created GoFundMe on Friday to seek a good lawyer, adding that she wants to overturn the right of her ex-husband, Justin Dean, over their kids.

According to her, she would need money to get a good lawyer, which is why she created the GoFundMe account to meet the target of $100,000.

The account generated over $50,000 raised from over 950 donors worldwide.

“As a mother, it’s time to fight for myself and my kids,” Obidi said. She also shared her GoFundMe account details, seeking the assistance of fans and friends.

However, on Sunday, the dancer, after raising the money, said during a live session on Facebook that she had plans for a vacation in Hawaii.

Her decision has been greeted by outrage from her fans, with many alleging that the main intent of the GoFundMe was never to file a suit against the husband but to lavish on her extravagant lifestyle.

Wanda Johnson, a Facebook user, said, “She got y’all’s money, now she’s at the airport. Some of you are so weak to believe her foolishness. She is always begging, scamming, and manipulating.”

“You are gradually becoming a professional beggar on social media,” one Chigoziri Ohochukwu on Facebook opined.

“Mad that she can’t post pictures because without posting pictures she can’t make money. She needs to post pictures of her kids to make money. But she would rather go to Hawaii than see.Her children sickening and people gave her $.Or whatever was on that go find me.People needs to report the go fund me everybody needs to report to get their money back,” a user who identifies as Jennifer Lynn Russell claimed.

Nene Peters stated, “WTF you was just on here crying about you need a lawyer now, you traveling. I’m done with you wow.”

“Two days ago she was crying for donation now she is traveling,” said Hermi Matilya

Meanwhile, Bridget O’Connell said, “Yeah I’m not gonna lie Traveling to Hawaii is crazy after receiving all that money for Lawyer girl! You shoulda did that in silence.”

Also, Mary Monique Napont said, “It’s none of your business lady. She is an influencer, performer, student, and most importantly a great mother. Leave her be. You are a part of the problem. She’s not hurting you in any way. If you don’t like her, don’t follow her. It’s that simple.”

Recall that the divorce and custody battle between Obidi and Dean has been on the public scene lately. Recent developments have granted Justin the right to restrict their two children from featuring on Obidi’s online content.

She posted a plea online, accusing Dean of abuse and “gaslighting” during their marriage, claiming he is now subjecting their daughters to similar treatment.

 

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Police declare Lagos socialite wanted for murder, cyber-stalking

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5 days ago

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May 13, 2024

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The Nigeria Police Force, on Sunday, declared a Lagos socialite and blogger, Dorcas Adeyinka, wanted for alleged cyber-stalking, abduction and murder, among others.

The police urged members of the public to “arrest and hand over the suspect to the nearest police station or the office of the IGP Monitoring Unit, Force Headquarters, Abuja.”

The police further described Adeyinka as a married female Yoruba blogger from Ekiti State and Ibadan, Oyo State capital.

She is said to be approximately 1.64m tall with an oval face, tribal marks, pointed nose, wide mouth, full and white dentition, and light-skinned with black eyes.

The police added that she lives in the United Kingdom, and frequently visits Ikeja, Ogudu and Fagba in Lagos State, as well as Otta and Sango in Ogun State.

Meanwhile, PUNCH Online had earlier reported that a Chief Magistrate Court in Wuse Zone 6, Abuja, summoned two social media users for defaming Adeyinka by allegedly sharing her nude photo online.

In the court summons dated Thursday, May 9, 2024, which was obtained by our correspondent, Chief Magistrate Emmanuel Iyanna ordered the two defendants – Tolulope Adeoye aka Abike Jagaban, and Tolulope Odegbami aka Olowosibi – to appear in persons before the court on June 4, 2024, to answer the charges levelled against them by the complainant.

The summons followed a criminal complaint filed by the complainant’s lawyers led by Pelumi Olajengbesi of an Abuja-based law firm, Law Corridor.

The socialite accused the defendants of sharing her nude photo on social media and ridiculing her.

The application partly read, “On March 5, 2022, Abike Jagaban shared the complainant’s nude pictures on YouTube, directing her followers to different online platforms where the complainant’s pictures were/are shared and ridiculed the complainant in the process.

“The video was captioned, ‘Abike Jagaban on Dorcas Adeyinka, aka TMS Blog.’ These actions have exposed the complainant to contempt, hatred and detestation as some people can be seen making disparaging remarks against the person of the complainant in the comment section of the above-referenced post. Abike Jagaban has also bullied the complainant in another video titled, ‘How Abike Jagaban bullied Dorcas Adeyinka,” among others.”

The complainant told the court that the alleged actions of the defendants constituted criminal defamation and contravened Section 391 of the Penal Code.

Meanwhile, in suit number CR/93/2024 with motion number MN/140/2024, Magistrate Iyanna ordered the complainant to serve the defendants with the criminal summons and all other subsequent processes of the court via their social media handles or pages @Tolulope Omolara Ghaba (Facebook) and @Princess Tolulope Ajike Olowosibi (Facebook).

The magistrate adjourned the matter till June 4, 2024, and ordered that the two defendants be present in court on the said date.

 

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Even if arrest warrant was illegally obtained, Bello should’ve appeared in court – Judge

Published

1 week ago

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May 10, 2024

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By Taiye Agbaje

 

Abuja, May 10, 2024 (NAN) A Federal High Court, Abuja on Friday granted the application by the Economic and Financial Crimes Commission (EFCC) for the former Governor of Kogi, Alhaji Yahaya Bello, to appear in court for his trial.

 

Justice Emeka Nwite, in a ruling, held that the former governor ought to appeared before the court before making any application.

 

He insisted that even if the arrest warrant was illegally obtained, the defendant (Bello) should have still shown up in court.

 

It would be tracked that the judge had, on April 23, fixed today for the ruling on the former governor’s application to set aside the arrest warrant against him.

 

The EFCC’s lawyer, Rotimi Oyedepo, SAN, had, on April 17, moved the ex-parte application for the arrest warrant.

 

But Bello’s counsel, Adeola Adedipe, SAN, on April 23, prayed the court to set aside the arrest warrant against their client

.

He canvassed that the arrest warrant had become unnecessary since their lead counsel, Abdulwahab Mohammed, SAN, had accepted the service of the charge on behalf of the ex-governor.

 

He argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).

 

The senior lawyer argued that contrary to the submission of the lawyer who appeared for EFCC, Kemi Pinheiro, SAN, that the ex-governor must be in court first before any application could be entertained being a criminal case.

 

He said that the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.

 

The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.

 

He noted that the complainant made an application for substituted service on 18th day of April after the arrest warrant had been issued on 17th day of April and today, my noble lord granted it.

 

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.

 

He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.

 

He said for Bello to appear in court, he must have the notion that he would get justice.

 

Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.

 

He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the Federal Government.

 

He, therefore, asked the judge to vacate the arrest warrant against the former governor.

 

But Pinheiro vehemently opposed the application.

 

The senior lawyer argued that for the arrest warrant to be vacated, the former governor must be arraigned and take his plea in compliance with Section 396 (2) of the Administration of Criminal Justice Act (ACJA), 2015.

 

Delivering the ruling on Friday, the judge agreed with the argument of the EFCC.

 

He said that the order of court subsisted until it is set aside, even if there is irregularity.

 

The judge said Yahaya Bello’s staying away amounted to disregard to the sanctity of the court.

 

“Therefore, the application by the counsel for the defendant cannot be moved unless the defendant is present in court.

 

“Bello should come to court in his own not through EFCC for arraignment on the next adjourn date,” the judge declared.

 

Meanwhile, shortly after the ruling, Mohammed, who appeared for the former governor, informed the court of a motion on notice filed on May 9.

 

He said the motion prayed the court to stay further hearing of the alleged money laundering suit filed against Bello until the Court of Appeal decides a pending case relating to same matter.

 

The senior lawyer said the anti-graft agency had, by a motion ex-parte, got an order of the Appeal Court stopping the contempt proceedings filed by the ex-governor against the agency at the High Court sitting in Lokoja.

 

He said the appellate court had already fixed May 20 to hear the case.

 

He said it would be important the Federal High Court, Abuja awaits the outcome before going further with the trial.

 

But the EFCC’s lawyer, Oyedepo, disagreed with Mohammed’s submission.

 

In a short ruling, Justice Nwite refused Mohammed’s application.

 

The judge said that the matter had generated controversy all over the world and was unnecessary.

 

Reacting, Mohammed responded that the former governor was not afraid to come to court but was only afraid of his life.

 

Justice Nwite, however, said that Bello should not be misguided but should be advised to come and answer to the alleged charge.

 

“It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves.

 

“We thank lordship. We will take your admonition to him because that is just his fear,” Mohammed said.

 

He assured that efforts would be made to contact the former govenor to appear in court in the next adjourned date.

 

Justice Nwite consequently adjourned the matter until June 13 for arraignment.(NAN)(www.nannews.ng)

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