The General Overseer, Divine Hand of God Prophetic Ministry, Prophet Emmanuel Omale, has sued First City Monument Bank Plc for N5bn.
Omale, who claims to be the spiritual guide of the suspended acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, said FCMB falsely reported to the Nigerian Financial Intelligence Unit that N570m was paid into his church account, thereby, leading to accusations that the money was used in purchasing a house in Dubai for Magu.
The suit marked FCT/HC/CV/2020, was instituted by Omale; his wife, Deborah Omale; and the church, the Incorporated Trustees of the Divine Hand of God Prophetic Ministry.
The claimant stated that in 2016, the FCMB falsely reported to the NFIU that N570m was paid into the church’s bank account marked 1486743019 which caused security agents to put the account under surveillance for four years.
The statement of claim read in part, “Sometime on or about the 6th day of July 2020 the former acting Chairman of the EFCC, Mr. Ibrahim Magu, was arrested and summoned to the Presidential Villa, Abuja, to appear before the Presidential Investigation Committee on the Alleged Mismanagement of the EFCC, Federal Government Recovered Assets and Finances From May 2015 to May 2020.
“That one of the key allegations levelled at the Presidential Investigation Committee against Mr. Ibrahim Magu, was that the 2nd Claimant (Prophet Omale) fraudulently and corruptly purchased a real estate property for Mr. Ibrahim Magu in Dubai, the United Arab Emirates with the said sum of N573, 228, 04 allegedly credited as an inflow into the 1st Claimant’s (church’s) Corporate Current Account No: 1486743019 in the year 2016.”
The claimant stated that due to the investigation and negative media reports, they were exposed to public hatred and contempt and injured in their religious calling.
The cleric said he and his wife were summoned to appear on August 10, 2020, before a Presidential Investigation Committee at the Presidential Villa, Abuja.
Omale and his wife, accompanied by their lead Senior Counsel, Gordy Uche (SAN), and a team of four senior lawyers appeared before the panel on August 10, 11, and 12 and were grilled for hours on their alleged roles in respect of the sum of N573m used in fraudulently and corruptly purchasing a real estate property for Magu in Dubai.
The cleric said they paid Uche (SAN) & Co., the sum of N15m to appear and represent them for three days before the said Presidential Investigation Committee and attached a copy of the receipt to the statement of claim.
He said they all denied the allegations of fraud, adding that he never bought any property for Magu when grilled by the panel.
Omale said the Salami panel in the course of its hearing also invited the Managing Director/Chief Executive Officer of FCMB, Adam Nuru, who appeared before the committee and testified.
“That Mr. Adam Nuru in his testimony informed the Presidential Investigation Committee that the said N573M was credited to the bank account of the 1st claimant (church) in error and that the error was not discovered by the defendant for over four years,” the cleric said.
Omale said they paid the law firm of Gordy Uche (SAN) & Co., the sum of N75m to institute the suit against FCMB and attached a copy of the receipt for the said professional fees to the statement of claim. He said in all, he had lost N180.5m due to payment of legal fees and personal losses.
Omale, therefore, sought a declaration of the court that the FCMB negligently breached the fiduciary duty of care it owes the claimants by its false automated report to the NFIU of a suspicious credit inflow of N573m into the church account.
The statement of claim further read, “The sum of N5,000,000, 000.00 (Five Billion Naira) being exemplary, aggravated, special and general damages against the defendant for the negligent breach of its fiduciary duty of care to the claimants by its false automated report to the NFIU of a suspicious credit inflow of N573, 228, 040. 41 into the 1st claimant’s corporate current account number1486743019 with the defendant, which has occasioned grave damages to the claimants.” (The PUNCH)
The issues of rape has suddenly become a scourge that needs urgent and swift interference of relevant government agencies, many organisations and individual has been clamoring for different and stiffer punishment rapists. The holy Bible according to Deuteronomy 22 verse 25 put the punishment for rape as death.
The 2008 UN Security Council meeting had also passed Resolution 1820, which states that “rape and other forms of sexual violence can constitute war crimes”. Patricia Sellers, a prominent international criminal attorney and special adviser for prosecution strategies to the prosecutor of the International Criminal Court further reinforce the fact that the Yugoslavia and Rwanda judgment enforcement has erased the doubt and established rape as a war crime, a crime against humanity and sexualized violence within the meaning of genocide.
It is therefore expected that legislators will take the bold step as making sure that rapists are made to pay the swift maximum punishment for the crime tagged crime against humanity.
However, one thing that come to mind when we are trying to ascertain the guilty or the innocent is what I call the Joseph treatment. Since most of the cases enjoying media mention in Nigeria especially those that has to do with celebrities are issues the accusers always dated to years back with no doctor report to back them up, many are of the thought that the case of biblical Joseph may be the case.
If it could be recollected Joseph was accused by his master’s wife of rape even when the story relays that it is a case of fight back of a scorned woman. Findings shows many men have been punished unjustly for such cases all around the world, this write-up will be mentioning few and the consequence on those that were falsely accused.
The story of Daniel Jones of Queanbeyan City in Australia is one story that stand out, the then 25 years old was accused of rape by his fiancée and he was made to undergo more than six (6) years long persecution that cost his parent their life savings of more than $600,000, it took intervention of a new detective to set him from the false accusation of a lady who is supposed to be his wife.
Though Dan did not spend more than months in the prison but his accusation ended up destroying his parents’ more than 30 years relationship and all their life savings while the lady in question Sarah Jane Parkinson was only sentence to 3 years and 1 month period in prison not for falsely accusing Dan but for misleading investigator with no monetary compensation for the ruined family.
Another like that is the case of two young men in New York, USA, who were accused of rape, Gregory Counts, then 19, and Van Dyke Perry, then 21 in 1991, they were arrested and charged with rape. Despite the fact that investigators had no physical evidence. Semen recovered from the woman did not match the two accused men. The prosecution’s case relied heavily on her testimony, and in 1992, a jury convicted Mr. Counts and Mr. Perry on all counts except for the weapons charges. Mr. Perry ended up serving 11 years in prison while Mr. Counts served 26 years.
It took efforts of the attorneys with the Innocence Project in 2012 to reopen the case and with the help of DNA proved the two men were wrongfully imprisoned, during further investigations and questioning the woman who accused the two admitted that the story was a lie. She told investigators that her boyfriend forced her to make the fake accusations.
Though Perry who was released when he was 32 years after spending 11 years in prison was able to pick-up his life, the case is Counts was released when he was 45 years after spending 26 years behind bars for an offence he did not commit and he will have to start picking his life up from there while the woman who falsely accused them left off the hook.
Here some of the cases that is raising the people’s fear that the campaigners for capital punishment for rapists though on track but a law must also be put in place for those who are falsely accusing people of rape and other sexual related offences to face almost the same punishment as rapists, since the two of them will be altering the lives of those at the receiving end.
It will therefore be right for sexual offence activists to join in their clamour same punishment for both rapist and the Josephs.
Chairman of Ocean Marine Solution (OMS), Captain Idahosa Wells Okunbo (Capt, Hosa), has served notice on the Edo State Government of his intention to proceed against it in court for libelous and defamatory publications against him by the State Government.
In a letter by his Counsel, Dr Oladapo Olanipekun (SAN), dated July 20, 2020 and referenced EM/OAG/02/2020, addressed to the Edo State Attorney General and Commissioner for Justice, Professor Yinka Omorogbe, Capt. Hosa demanded a retraction of the said publications.
He also demanded that the State Government and/or its representatives should cease and desist from making any further libelous and defamatory publications against him.
Not done, the billionaire businessman demanded the sum of N2 billion for the “embarrassment, inconvenience, losses and damages done to his person, character and interests” as a result of the “mischievous, malicious and misleading publications.”
In the four-page letter, Olanipekun said that “On Monday, 20 July, 2020, publications captioned “Okunbo, Oshiomhole making plans to disrupt Edo governorship elections”, appeared on pages 26 of The Punch and 53 of THISDAY.
“The said publications bear the insignia/mark of the Edo State Government and was signed by Crusoe Osagie, designated as Special Adviser, Media and Communication Strategy (to the Governor), Edo State Government.
“The thrust of the captions and publications referred to above is expressed and reflected in some of the abstracts/excerpts below:
“…a Benin billionaire, Captain Hosa Okunbo, held a meeting on July 19, 2020, where they perfected plans to recruit thugs to disrupt the forthcoming September 19 governorship election in the State, having discovered that they cannot win the election in a fair contest.
“…they met with these thugs, gave them targets and paid them in advance to cause trouble and undermine the will of the people during the election.
“…Okunbo is a key figure in the gang-up to take Edo backward. He is actively supporting and sponsoring warlords, thugs and ill-intentioned politicians that are scheming to dislodge Governor Obaseki so they can have free access to the State’s treasury.
“We are therefore calling on security agencies to quickly intervene, investigate and rein in Okunbo in his quest to set the State ablaze.”
Olanipekun said that “arising from the foregoing, the captions and publications are most unfortunate, inaccurate, misleading, malicious, unfair, defamatory, libelous and incriminating.”
According to him, “You are aware that our client is one of the most prominent citizens of Edo State and, indeed, a foremost Nigerian. He is an accomplished businessman, whose interests and achievements, transcend Edo State and Nigeria.
“Through hard work, excellence and the rare business acumen, our client has built and nurtured a diverse and vast business conglomerate, spanning different spheres of the Nigerian economy.
“Edo State is one of the primary beneficiaries of our client’s industry. He invests significantly in the welfare of the State and he employs several hundreds of Edo indigenes in his many businesses.
“Our client has been meticulous in building his career with the hallmarks of diligence and integrity. His peace-loving nature has received global acclaim. Hence, he was recognized with a global peace award in 2019 by the Chairman of the Order of Lafayette awards in Geneva, Switzerland.
“We could refer to an endless list of numerous awards and achievements certifying our client as a man of integrity, industry, means and peace. It is instructive that some of these awards were conferred on our client by institutions based in Edo State. He is a respected Nigerian and philanthropist, who is held in high esteem within and beyond the shores of Nigeria.”
He stated further; “As a remote and direct result of the false, inaccurate, misleading and libelous publications, our client has been inundated with several inquiries from different parts of the world by concerned associates, clients, investors, friends and family members, demanding explanation and clarification about the criminal insinuations of the publications.
“This has caused serious embarrassment to our client’s reputation and businesses. It has also caused our client undue apprehension, with implications to his health. Our client is not unmindful that these publications are calculated to instigate public antagonism against his person, family and business interests.”
Olanipekun added: “The publications have caused considerable distress to our client, putting his distinguished and illustrious reputation at risk. In particular, you are aware that as with most businesses, our client’s businesses thrive on goodwill.
“The negative impact of the publications makes it more tarnishing and grievous. Rather than establish the truth of the publications, they ere published without taking any steps that would have revealed their inaccuracy.
“Our client notes with concern that the resources and insignia of the Edo State Government have been lent to this unworthy cause, which appears to serve no other purpose than to witch-hunt, malign and settle personal scores for incomprehensible reasons.
“Our client has been projected as a criminal conspirator, who sponsors thugs and takes pleasure in unleashing mayhem and anarchy. He has also been portrayed as an undemocratic and anti-democratic Nigerian, with a dishonest and criminal source of income.
“Clearly, the publications have lowered the estimation/perception of our client in the view of right-thinking and reasonable members of the society.”
Olanipekun continued: “Premised on the foregoing, we have further instruction of our client to demand a retraction of the publication and an unreserved apology.
“The said retraction and apology, apart from being in writing to our client in person, should be published in the same newspapers and given the same prominence as the defamatory caption/publications.
“We also demand that the Edo State Government and or its representatives cease(s) and desist(s) from making any further libelous and defamatory publications in respect of our client.
“Finally, our client demands the sum of N2,000,000,000 (two billion naira) for the embarrassment, inconvenience, losses and damages done to his person, character and interests.
“In the event that the Edo State Government fails to meet these legitimate demands of our client within a period of 3 (three) days from receipt of this letter, our firm instruction is to proceed with other legal means of seeking redress for our client.”
Abubakar Malami, the Attorney-General of the Federation and Minister of Justice, has been accused by a whistleblower, John Okpurhe, of refusing to pay him the reward after exposing over $1 billion government money hidden in Unity Bank Plc.
In a letter dated June 22, 2020, written to President Muhammadu Buhari by his lawyer, Aliyu Lemu, the whistleblower said the account was secretly being operated by the Nigerian Ports Authority to illegally collect revenue from vessels.
He said upon discovery, he informed the Office of the AGF in line with the whistleblower policy of the secret account and an agreement was signed.
The agreement stated that Okpurhe would be entitled to a reward if the information provided turned out credible.
The whistleblower said after playing his own part, the AGF’s office began to play games.
The letter read in part: “Pursuant to the whistleblower policy of the Federal Government, our client approached the Office of the AGF with confidential information in respect of hidden public funds concealed within a commercial bank in Lagos contrary to the Treasury Single Account policy which requires all public revenue or funds to be domiciled in the Central Bank of Nigeria.
“Our client presented the Office of the AGF with qualifying information on a cloned account with the Nigerian Ports Authority which was being used to illegally collect revenue from vessels by the signatories who are no longer in the service of the NPA.
“Upon establishing that our client’s information qualified under the whistleblower policy, the Office of the AGF signed a whistleblower agreement with our client through his appointed counsel- Mamman, Maiyaki & CO.
“The information provided by our client eventually led to the exposure of the hidden/concealed funds in Unity Bank Plc to the tune of $1, 034, 515, 000 (One billion, thirty four million, five hundred and fifteen thousand dollars only).”
The whistleblower said the Office of the AGF had been making flimsy excuses as to why the reward was not paid.
He said the Head of Asset Management and Recovery Unit, Ladidi Mohammed, informed him that the matter was in court and the plans had changed.
He added: “On the next day, one Ms. Bunmi who deputizes for Mrs. Mohammed, called our client and asked him to come alone without a lawyer. Upon arrival, she informed our client that there was no pending matter in court on the account.”
The whistleblower said he was told that because the money involved was huge, the Office of the AGF recommended a private firm with which he should enter into a contract to help him get the funds.
The whistleblower said upon the insistence of the AGF’s office, he was made to sign a Memorandum of Understanding with the company to forfeit 60 per cent of his reward.
He said in a dramatic twist, his lawyer was attacked by armed policemen in his office who robbed him and made away with the original copy of the agreement signed with the AGF.
Okpurhe called on the President to quickly intervene as failure to pay him could compromise the whistleblower policy and affect public trust in the government.
What exactly happened to your money and how did it happened?
It is sad. It is a nightmare that I am yet to get over. I will forever regret the day I decided to open an account with GTB. I had an account with Zenith Bank already, but I went to Ifo market one day and these ladies wearing GTB T-shirt were going after everybody in the market cajoling them with account opening form to have an account with the bank.
I collect the form thinking it won’t be a bad idea if I have two bank accounts. That was the beginning of my nightmare.
What happened next?
After a while, my account number was sent to me…and I later went to activate the accounts at their Sango Ota branch, after which I began my little transaction on the account.
How then did your money disappear?
My father is a very kind person, a lover of his children and very passionate about their future. Sometimes in July 2019, he had deposited N250, 000 in to my account number (04-23-86-07-36), for my university admission processes. In fact, it was at the peak of the crisis that I knew that the account which I thought I opened in Sango was actually domiciled at Ikotun Egbe, in Lagos State.
Precisely on Saturday, 20th of July, 2019, I received a text message supposedly from the bank on my phone to “upgrade some information on my account.” I innocently obliged and that was the genesis of the nightmare. Within 18 hours, the entire N250, 000 in the account was transferred to various accounts.
What did you do next?
The shock was too much for me. My father told me he kept the money in my account to keep it away from spending. So, I actually did not know how to tell him. I later confided in my Mum, who now followed me to the Bank in Sango to complain and to obtain the statement of account.
What did you see in the statement?
The statement of account obtained from the bank showed that on 20th July, 2019, the sum of N80, 000 was yanked off the account via POS/WEB Purchase Transaction 766634-134659-CASABELLA INTERNATIONAL. The next day, 21st July, 2019, there was an NIBSS Instant Payment of N5, 000 Outward to a First Bank of Nigeria, FBN Leramo Akinwumi Olamide. This was followed immediately by another N5, 000 to the same account.
The third transaction of the day was a double transfer of N50, 000 each NIBSS Instant Payment Outward to UBA/ Agbokun Ayoka. This was followed by another transfer of N20, 000; and N10, 000 respectively to the same UBA account of Agbokun Ayoka.
The last tranche of the fraud was a USSD transfer of N20, 000 to Amuokuyo Success Imengowen, leaving a paltry N2, 500 in the account.
That was how I lost everything!
What did you do after this?
My Mum eventually told my father. Though he took it calm, but I really pitied him. I initially ran out of the house, because I could not continue to face him. But he came to look for me and brought me home.
Later he told me he wrote to the Complaint Team of GTB, but nothing came out of it.
What lesson did you learn from this?
Lesson? It was my worst nightmare. I will never forgive GTB. In fact, the account is still there, I never bother to close it. They can eat it if they like. But vengeance belong to God. I know God will visit the bank and pay them back.
The Akin Fadeyi Foundation, Conveners of the Corruption Not In My Country Project are set to launch a new mobile and web application device designed to empower Nigerians to report corruption on October 10, 2019 at the ShehuYar’Adua Centre, Abuja.
The Report-Corruption-App, called FLAG’IT, a project initiated by the Akin Fadeyi Foundation is funded by the John.D and Catharine. T. MacArthur Foundation to further promote anti-corruption fight in Nigeria by working with public institutions to open us their processes for transparency, accountability and excellent service delivery.
With FLAG’IT App, citizens shall be able to report and document their experiences around corruption and engage with government officials on issues bordering service delivery and corrupt practices across the country. The App also has a feature for documenting positive stories about credible and and outstanding public Officers.
Chairman of the Presidential Advisory Committee Against Corruption, Professor ItseSagay, will deliver the Keynote Address at the launch, while the Publisher of PREMIUM TIMES, Mr. DapoOlorunyomi, Dr. BoboyeOyeyemi Corp Marshal of Federal Roads Safety Corps, Dr. KoleShettima, Co-Director on Nigeria and Africa Director, MacAuthur Foundation, Oliver Stolpe, Country Representative, United Nations Office On Drugs and Crime and Simon Kolawole, Founder of The Cable Online Newspaper are also billed to speak at the event.
On the inherent benefits of institutional collaborations in fighting corruption, a panel of Discussants shall also rub minds in a technical session with the FRSC officials. They are, AjuriNgelale, Special Assistant to the President on Public Affairs, Ramatu Umar Bako, Head of Public Engagement, OXFAM, Ademola Adigun, TEAM lead at Facility for Oil Sector Transformation (FOSTER), ChidoOnumah, PhD, Executive Director, AFRICMIL, and Auwal Rafsanjani, Executive Director, CISLAC and Board Chair, Transparency International, Nigeria.
Prof Itse Sagay
Last September, the Akin Fadeyi Foundation announced a strategic collaboration with the Federal Road Safety Corps on the Report-Corruption-App and expressed strong confidence that the birthing of this App is the beginning of a reawakening of the consciousness of Nigerian citizens to combat corruption. Akin Fadeyi Foundation is one of the Grantees in MacAuthur Foundation’s BET-ON-NIGERIA Project and has been in the vanguard of deploying Drama parodies to campaign against corruption in Nigeria.
Working with the cream of Nigerian thespians, the Drama project titled Corruption Not In My Country was conceptualized to trigger a soul search and self re-evaluation as part of the processes of nation building.
In announcing this forthcoming unveiling of the App, Founder and Executive Director, Akin Fadeyi Foundation, Mr. Akin Fadeyi said, “We are trying to explore a technology-driven approach and empower citizens’ to report corruption. Through this, we hope to stimulate accountability and inspire confidence in our public institutions. The FLAG’IT App is a valuable tool in our ambitious quest for a corrupt-free public service. We, therefore, implore Nigerians to download FLAG’IT after the launching from October 10 and work with us in demanding for transparent and accountable institutions in our anti-corruption fight”.
It was a hot afternoon on Wednesday, June 5. The scorching sun bore no mercy on Haruna Dauda as he worked on hides in a micro industry located at Umar Babura road, Bompai, Kano.
While work was ongoing, Mr Dauda’s phone rang. He said he ignored the call first time, then later answered the call.
It was a distress call from his family.
“I relaxed, listening to her, she said you have to come back home. There’s a problem. Mustapha was brought back home, faeces is coming out from his anus uncontrollably; he was raped; his clothes were damaged by the faeces. We locked him inside a room because he is behaving abnormally and trying to flee,” Mr Dauda recounted the distress call to PREMIUM TIMES.
The 13-year-old Mustapha, a JSS 1 student, was the victim of the rape.
On getting home, Mr Dauda arranged for the teenager to be taken to the hospital. The hospital requested that the police must be involved before any treatment.
“I took the case to the police. The suspect identified as Aliyu Saminu lives in the same community. He was arrested and subsequently interrogated at the State Criminal Investigation Department (CID) where he made a confessional statement on how he was lured into the nefarious activity by other members of the society,” Mr Dauda, a resident of Kwajalawa-Zango community in Ungogo Local Government Area of Kano, told PREMIUM TIMES .
Charging the Suspect
After the arrest and interrogation, the suspect was charged before a Magistrate Court at Audu Bako Secretariat Complex on August 13. But the case was not mentioned that day.
The case was first slated for hearing on August 20 but the session could not hold due to the absence of the judge. A new date, September 11, was then slated.
On September 11, the court session could also not hold due to the judge’s absence. The court registrar again slated October 7 for hearing.
“With this prolonging of such kind of offence I doubt if at the end, justice would be served,” a frustrated Mr Dauda said.
Mustapha, the rape Victim
He said his son has stopped going to school because of the trauma the incident caused him.
Rape Case
Mustapha’s case is not isolated. Recent statistics from the police have shown a growing trend of rape in Kano, a densely populated state in Nigeria’s North West.
The police in Kano said it recorded 80 cases of rape from January to August in 2019. In 2018, the figure was 105 and 334 in 2017. Rape victims are mostly young girls and women but also include boys like Mustapha.
The Sexual Assault Referral Centre in the state recorded a much higher figure than the police. The centre admits rape victims on self-referral, as well as from the police and other government agencies. The centre treats and counsels a minimum of 50 cases of rape and sexual assault monthly, an official told this reporter.
The head of Transparency and Development Information Initiative, a civic group, Ibrahim Garba-Maryam, faulted police investigation on rape cases in Kano. He said the process eventually leads to denial of justice for both suspects and victims.
Mr Garba-Maryam said rape cases are usually scuttled during police investigation. He added that the police deliberately waste time during investigation and sometimes try cases in wrong courts.
Mr Garba-Maryam, whose organisation works on justice for both the suspects and the victims, bemoaned the police’s attitude towards investigating rape cases. He said some of the police stations don’t go to the Sexual Assault Referral Centre for proper investigation before prosecuting the suspect, hence, rendering the evidences before the court incomplete.
“By remanding rape suspects for years without trial, they are also denied access to justice. Justice is for all. The government should also, consider compensating rape victims even when the suspect was convicted. This would reduce their trauma, because some of the victims became easy prey for rapists due to poverty or lack of education and other societal norms,” Mr Garba-Maryam said.
He said his organisation has taken up Mustapha’s case to give him support and ensure that justice is served.
Police Deny Wrongdoing
In his reaction, the police spokesperson in Kano, Abdullahi Haruna, denied any wrong doing in the handling of rape cases.
“Rape case is a criminal offence. The police station admits the case and must transfer it to Criminal Investigation Department (CID) for discreet investigation. The CID presides over the case and must not hold suspect within certain period of time, which we have to charge suspect to magistrate court for holding brief,” Mr Haruna said.
Mr Haruna also spoke on Mustapha’s case, suggesting that charging the accused to magistrate court, though improper, was only a first step.
“While we charged Mr Saminu (the suspect in Mustapha’s case) to magistrate court, the police legal department would later prepare a case diary and send to high court. Afterwards, the high court would take over the case from the magistrate court for proper hearing,” he said.
The case is, however, still at the magistrate court where the judge is yet to sit, indicating justice may still take a long time for Mr Dauda and his family.
The police spokesperson then explained how the police handle rape cases.
Mr Haruna said whenever a rape case is reported at a police division or post, the investigation commences immediately. While the victim is rushed to the hospital, he said, the police also launch a manhunt for the suspect.
“That’s how Mustapha’s case was treated,” he said.
“However, in a situation where the suspect is at hand, we obtain his statement at the division for preliminary investigation at the station.”
Mr Haruna said the case is then often transferred to the CID where it is handled by trained investigators.
He said this procedure was followed in Mustapha’s case.
“We’ve arrested the suspect, investigated the claims and charged the suspect to court, what more do you think we can do,” he asked rhetorically.
Trial in a wrong court
Section 14 of the Criminal Procedure Court (CPC) empowers the high court of a state to try and pass sentence on any offence authorised by law. Appendix A, Column six of the CPC provides that the high court of a state is the least court empowered to try rape cases.
As it is, Mustapha’s case is dragging in a court that lacks jurisdiction to preside over rape cases.
Worse still, the teenager’s family could not afford the services of a lawyer. The case is currently being handled by police prosecutor.
A Kano-based lawyer, Rabiu Rijiyar-Lemu, argued that the case should be charged to the right court to access justice.
“Court jurisdiction is paramount in accessing justice. The jurisdiction of court in any criminal case is fundamental.
“Without the jurisdiction, the proceedings of the court no matter how beautiful is tantamount to nullity,” Mr Rijiyar-Lemu said.
“Basically, rape is a capital offence, and it’s categorically and unambiguously stated that capital offences are the jurisdiction of the High Court,” he said.
He said both Mustapha and Mr Saminu (the suspect) may be denied access to justice.
“The accused person may suffer indefinitely in prison custody, while the victim becomes frustrated with adjournments.”
The legal practitioner mentioned Section 283 of the penal code as the main law under which Mr Saminu would be tried.
The section reads, “Whoever has canal intercourse against the order nature with Man, Woman or Animal shall be punish(ed) with imprisonment of term which may extend to fourteen years and shall also be liable to fine.”
Why rape victims are denied justice – Centre
The Head of Counselling Unit, Sexual Assault Referral Centre (SARC), Kano, Halima BB-Farouk, said rape suspects get off the hook easily because of lack of proper investigation and medical confirmation.
Absence of these, she said, makes it difficult to prove the suspects’ guilt.
She said the reason some of the rape cases are still being delayed in court is probably because they did not pass through counselling and medical examination by the sexual assault centre domiciled at Emergency Section of the Murtala Muhammad Specialist Hospital Kano.
She also said the centre established in 2016 was meant to checkmate the rampant cases of rape in the state and assist victims to access justice in a court by using the medical reports issued by the centre. She said the centre has treated and counselled over 4,000 rape victims,
Mrs BB-Farouk added that the high rate of rape cases recorded in the state is alarming with 102 cases recorded in July. She said the least number of rape cases recorded in any month is 53.
“The statistics available with us indicate that 80 per cent of the rape suspect were house helps and the victims are foreign neighbouring nationals working in the state.
“Other suspects are members of the victims’ relatives who were trusted, as well as male parents who also rape their children,” Mrs BB-Farouk said.
She noted that their services are free and can be accessed at the centre.
“Preferably, male rape victims are advised to report the issue within four days, if not the penetrated area would return to its normal position which makes it difficult for medical examination to ascertain the truth about the claim. As for female, medical examination proves penetration even after a long time,” she said.
Investigation process denying victims justice – Chief Registrar
The Chief Registrar, High Court of Justice, Kano, Jamilu Suleiman, explained impediments that lead to delay in prosecution of rape cases.
He mentioned “the investigation by the police which requires medical confirmation, filling a case diary for upward transmission to the office of the Attorney General and obtaining original copy of the case diary from the police” as activities that “consume a lot of time” during rape trial.
“What judges need, is to have a medical report confirming penetration. The courts are ready to take evidences,” he said.
He also faulted the police for filing rape cases at the magistrate court.
He said rape cases, like armed robbery and murder, are to be tried at the high court because they are capital offences that cannot be entertained in a magistrate court.
Justice for Mustapha
It is not only Mustapha’s parents that are disturbed about the situation, his teacher at Government Day Junior Secondary School, Bara’atu Aliyu, said she is disturbed that the incident has compelled the teenager to stop coming to school.
“Definitely, as I speak to you he has to repeat class because there’s no way he can meet up with his mates in the school. The boy need to be compensated,” she said.
Mrs Aliyu also decried the high rate of unreported rape cases in the state.
She called on parents to report rape cases so as to expose the perpetrators.
For Mustapha’s father, the long road to get justice is wearing him down.
“I’m a labourer, living from hand to mouth. I don’t have the financial capability to withstand the shuttling around court and my working place,” he said.
“I suspected a suspicious movement from the officials, because the suspected rapist is a son of retired prisons official. I need the intervention of concerned citizens to help my son get access to justice,” a frustrated Mr Dauda said.
The Maiduguri Zonal Office of the Economic and Financial Crimes Commission, EFCC, on Thursday, September 26, 2019 arraigned one Adam Kaka Adam before Justice Ibrahim Jauro of the Yobe State High Court, Damaturu, on one-count charge, bordering on criminal misappropriation to the tune of N11, 657, 500.00 (Eleven Million Six Hundred and Fifty-seven Thousand Five Hundred Naira).
Adam was a former Service Manager, in charge of Vault Room and Automated Teller Machine (ATM) in Unity Bank Plc, Damaturu Branch, Yobe State. Trouble started for him when the EFCC received a petition against him from his employer (Unity Bank Plc), alleging criminal misappropriation of the said sum, meant to be fed the ATMs of the branch which he is alleged to have dishonestly converted to his personal use.
The charge reads: “That you, Adam Kaka Adam, while being the Branch Service Manager with Unity Bank Plc, Damaturu, Yobe State, in charge of the Vault Room and Automated Teller Machines (ATM), sometime in 2017 at Damaturu, Yobe State within the jurisdiction of this honourable court and in such capacity dishonestly took the sum of N11, 657, 500.00 (Eleven Million Six Hundred and Fifty Seven Thousand Five Hundred Naira) only, being the property of Unity Bank Plc without its consent and with intention of permanently depriving it of the said sum and thereby committed an offence contrary to and punishable under Sections 286(1) and 287 of the Penal Code Law, Laws of Yobe State of Nigeria respectively.”
The defendant pleaded not guilty to the charge. Following his plea, prosecution counsel Khalid Sanusi prayed the court for a trial date and for the defendant to be remanded in prison custody.
Justice Jauro admitted the defendant to bail in the sum of N1million with two sureties in like sum and adjourned the matter to October 15, 2019, for the commencement of trial.
Adam Kaka Adam, Unity Bank Manager who allegedly stole money
Sylvester Ngwuta, a supreme court justice who faced trial for corruption, has resumed his official duties.
Ngwuta, who has been absent from the bench since 2016, was seen at a ceremony on Monday in Abuja, where the title of senior advocate of Nigeria (SAN) will be conferred on 36 lawyers.
He is the third most senior judge on the bench of the apex court. Bode Rhodes-Vivour is the second most senior while Ibrahim Muhammad, chief justice of Nigeria (CJN), is the first.
In October 2016, Ngwuta’s home in Abuja was raided by operatives of the Department of State Services (DSS).
The secret police claimed it found hard currencies believed to be proceeds of corruption in his residence.
He was asked to step aside from his duties, though his salary was not stopped, to face charges of money laundering brought against him at a federal high court in Abuja.
He also faced charges of false asset declaration at the Code of Conduct Tribunal (CCT). But both cases were dismissed in 2018.
The charges were dismissed based on a judgement of the appeal court which held that serving judges cannot be prosecuted until they have been disciplined by the National Judicial Council (NJC).
However, the CCT overruled itself on this precedent in the case of Walter Onnoghen, former chief justice of Nigeria (CJN).
Onnoghen was found guilty and convicted of false asset declaration in April – without discipline or recommendation by the NJC.
Hakeem Otiki, a major-general standing trial over the alleged theft of millions of naira, has asked Lamidi Adeosun, a lieutenant-general, not to preside over the case.
Five soldiers were declared wanted by the Nigerian army after they absconded with a large amount of cash allegedly on the orders of Otiki who was the general officer commanding of the army’s 8 division in Sokoto.
At the opening of a court-martial at the army officers’ mess, Asokoro in Abuja on Tuesday, Adeosun, appointed to preside, was met with objection from the defence of Otiki who claimed the soldiers, who are still at large, were Adeosun’s aides.
Journalists were reportedly barred from covering the proceedings, but Daily Trust reported that Femi Oyebanjo, a retired major and counsel to Otiki, argued that there has been an unending grudge between the two generals and in the interest of justice, Adeosun should recuse himself as the presiding officer.
“We have it on good authority that you bear grudge against our client. We have this deep feeling that he may not get a fair trial under your leadership,” he said.
“The reasons are as follows: it is a known fact that general Otiki got into Nigerian Defence Academy on 10th January 1983 while you got in on 4th July 1983. He got in there before you. It is a fact that General Otiki actually pitied you, established and trained you.
“We have this feeling that that grudge is still there. More so that general Otiki took over from you as the corp commander, infantry. We still believe that because this grudge has been there since then and because of this grudge, when you were promoted, lt. general, he sent you a text message to congratulate you but you did not respond.
“In addition to that sir, it is a fact that by the time we go into this trial proper, certain issues will certainly come up and these are issues that affect your office as chief of operations, Nigerian army which you left before you got to where you are presently. What am I staying sir, it is a fact, sir, that general Otiki as the GOC commanding 8 Division of the Nigerian army conducted operation Sharan Daji. He also conducted operation Harbin Kunama III.”
Oyebanjo said these were offices directly under Adeosun’s command as chief of operation, adding that the operations listed were going to come up in the course of the trial.
Arguing that Adeosun is an interested party, he said, “Finally sir, it is also a known fact, that as at the time general Otiki took over from you as the corp commander infantry brigade, he inherited your security personnel, your soldiers that formed the inner security of general Otiki.
“These are the same personnel that formed the reasons why we are here. They are actually your soldiers, your personal aides; the soldiers he took over from you, these soldiers are the basis why we are here today. My lord, we say on the basis of all these, you are going to be part and parcel of this trial, we are going to to be talking and referring to you.
“If you are going to do this job, there is no way you are not going to feature prominently. There is no way we will not talk about those soldiers, they were your aides, there is no way we will not talk about operations.”
There were also speculations that the rift between the two generals was over who would succeed Tukur Buratai as chief of army staff.
Buhari had in July promoted Adeosun to the rank of lieutenant-general — same rank as Buratai, placing him in good stead to become the next army’s chief.
It was not immediately clear how the proceeding went. Sagir Musa, army’s spokesman, did not respond to TheCable’s inquiry over the court-martial.
