Tag Archives: Enugu High Court

Court discharges, acquits couple accused of operating ‘wonder’ bank

A Federal High Court in Enugu, on Wednesday discharged and acquitted Patrick Nwokike and his wife, Rosemary of allegations of operating a “wonder” bank.

Delivering judgment, Justice R. O. Dugbo-Oghoghorie, held that the Economic and Financial Crimes Commission (EFCC) failed to prove its case against the couple and their firm, “Let’s Partner With You”.

The judge held that in criminal proceedings, the burden lay on the prosecution to prove its case beyond all reasonable doubt as against beyond every shadow of doubt.

The judge, therefore, resolved all the issues on a four-count charge preferred against the defendants by the EFCC in favour of the defendants.

However, the court held that non of the witnesses presented by the prosecution was able to establish that the defendants were either operating a banking business or invited the public to deposit money.

“The law provides that for a business to constitute banking business by receiving deposits, the cash deposit must have been received on current account, savings account or other similar account,

“As regards counts one and two of the charge, the business of the defendants is not banking business as provided for under the laws upon which they are charged.

“On counts three and four, the prosecution failed to provide cogent and compelling evidence for this court to hold that the defendants made advertisements for the public to deposit cash on current account, savings account or other similar account,” Dugbo-Oghoghorie said

Court bars Enugu Assembly member from land grab

An Enugu State High Court on Wednesday extended an injunction restraining, a member of the state House of Assembly, Emeka Madu, from trespassing or selling of a portion of land in dispute in the state capital.

Justice E. N. Alukwu of Court 11, had earlier in a motion exparte restrained the lawmaker, his agents, privies and workmen from obstructing, destroying or erecting any structure on any portion of the disputed land situate in Old Artisan Market, Asata and adjourned until June 24.

On the resumed hearing, counsel to the respondent, Mr J. C. Oloto told the court that his client was served with interlocutory injunction by the plaintiffs.

He however, said that he had a motion for joinder which should take precedence and consequently, applied for the joinder of Juken Investment Ltd as a co-defendant.
Counsel to the plaintiffs, Mr Victor Okoye did not oppose the joinder application but applied for the renewal of the interim injunction pursuant to Order 39, Rule 3(4).

Okoye said that the renewal of the interim injunction would enable the plaintiffs to serve the notice of interlocutory injunction on the newly joined defendant, Juken Investment Ltd.

The judge then granted the application for joinder and extended the interim injunction restraining the lawmaker pending the hearing application for interlocutory injunction.

The case was adjourned until July 15 for hearing of the motion on notice.

The plaintiffs Chukwuani Afamefuna, Chukwuani Kenechukwu and Chidera Okoye had dragged Madu to court over a disputed land situated at Artisan Market, Asata, Enugu.

The plaintiffs in their statement of claims averred that since 1970, they had been in continuous possession of the piece of land measuring 8,860.67 square meters through their predecessor in-title, Alhaji Zubairu Isa.

They said that the land originally owned by Nigeria Railway Corporation (NRC), was allocated to Isa in 1970 under Temporary Occupation License by NRC.

The plaintiffs said that upon the death of Isa, his son Muazu Zubairu transferred all his interest in the land to the plaintiff’s late fathers as joint owners by virtue of an agreement dated July 13, 2000.

They averred that their late fathers jointly applied for change of ownership which was approved through a letter dated Aug. 8, 2000.

They claimed that sometime in 2019, some concerned neighbours informed them that the defendant had broken into the property, removed all tenants and pulled down all lockup stores in the premises with earth moving equipment.

They averred that upon confronting him for trespass, the defendant threatened to use his federal might to arrest them.

I Remain The APC Candidate For Enugu East Senatorial Zone-Prince Ezeh

Chief Lawrence Eze of the All Progressives Congress ( APC ) says he remains the candidate of the party for the Enugu East Senatorial Zone in the Feb. 23, National Assembly election.

Eze disclosed this in a press statement signed by the Director General of his campaign organisation, Chief SNC Nwagu and made available to newsmen on Wednesday in Enugu.

The News Agency of Nigeria recalls that a Federal High Court in Enugu had on Tuesday sacked Eze as the candidate of the party for the senatorial zone.

The court directed the Independent National Electoral Commission (INEC) to recognise Mrs Ada Ogbu-Aguocha as the duly elected candidate of the party for the general elections.

However, Eze said that in spite of the pronouncement of the court, he remained the APC candidate as he had filed a stay of execution of the judgement.

The business mogul advised his supporters not to be discouraged by the judgement of the court, adding that steps had been taken to ameliorate it.

He expressed confidence that the appeal court would upturn the judgement of the lower court which he described as a `miscarriage of Justice’.

“We have already instructed our lawyers to file a stay of execution order and a notice of appeal, which is underway.

“We appeal to our supporters to remain calm and resolute and come out en mass to vote on Saturday,” he said.

He said that it was sad that media organisations had begun to be compelled to stop airing his campaign jingles.

“This judgment is an orchestrated plan to distract us and a ploy to deceive our supporters in this last minute of campaign.

“The truth is that Eze is still very much in the race and remains the APC candidate for Enugu East Senatorial Zone.

“Since this is a pre-election issue, we are filing for an appeal and are going to ensure that this anomaly is corrected.

“We urge our supporters, well wishers, voters and lovers of Ezeh to remain focused, resolute and ensure that they come out en masse on Saturday to vote for us,” he said.

Eze said that he was still very much in the race and would not be distracted by the court pronouncement.

“This is just a distraction aimed at bringing down our morale and that of our supporters but this will not work at all.

“A dampened spirit is not an option; a depressed mind is also not an option. Do not let anyone deceive you into believing that Ezeh is no more in the race.

“Stay resolute and be more than ever determined to vote in the game changer on Saturday,” Eze said.