ADAM JOHNSON FOUND NOT GUILTY ON ONE COUNT SEXUAL ASSAULT CHARGE BY EUROPEAN JURY

Footballer Adam Johnson has been found not guilty of one count charge of sexual activity with a 15 year old girl, while the jury is still undecided on the other count of sexual activity by penetration,with the prosecuting counsel saying Johnson admitted the first two charges of kissing and grooming an underage girl so he could be set free from the more serious counts of sexual activity with a child.

Footballer Adam Johnson has been found not guilty of one count charge of sexual activity with a 15 year old girl, while the jury is still undecided on the other count of sexual activity by penetration,with the prosecuting counsel saying Johnson admitted the first two charges of kissing and grooming an underage girl so he could be set free from the more serious counts of sexual activity with a child.

 

Arriving at court today, Johnson was again accompanied by his ex-girlfriend Stacey Flounders, who has supported him during the trial and gave evidence for the defense, despite claiming she and the sacked footballer have split up.

The prosecuting counsel say Johnson had oral sex with the 15 year old girl and even penetrated her but the player and the defense counsel say he only kissed the girl.

 

Judge Jonathan Rose finished his summing up to the jury yesterday before telling them they should strive to reach unanimous verdicts.

He told them: ‘When you retire you must reach verdicts on which you are all agreed. I will only accept unanimous verdicts - 12-0 is the only possible score.’ 

The judge reminded the jury that Johnson deleted 834 WhatsApp message from his mobile phone.

The judge recalled that the player and the girl exchanged messages before the January 30meeting about getting a thank-you kiss.

He said that in the messages Johnson said he was after 'a little bit more than kissing, a bit of feeling'.

The judge reminded the jury that, from the witness box, Johnson said

 'I considered going as far as she would let me. I was hoping I could feel her body, her private parts. It would be the normal progression.'

 'I was hoping it would happen, but it never happened.'

The judge said this was because the player said he realised it was the wrong thing to do.

The trial continues.

Source: Mailonline

THE SUPREME COURT WILL TODAY DECIDED REV "KING" CHUKWUEMEKA EZEUGO

The fate of Senior Pastor of the Christian Praying Assembly, Lagos, Rev. Chukwuemeka Ezeugo aka Reverend King, will be known today February 26th, as the Supreme Court would decide whether he should be hanged for murder or spend a few more years in jail.

Reverend King was charged to court by the Lagos state government on September 26th 2006 on a six-count charge of attempted murder and murder of one of his members, Ann Uzoh on August 2nd 2006.

Justice Joseph Oyewole of the Lagos State High Court, Ikeja had on January 11th 2007 sentenced him to death by hanging for the murder of Ann Uzoh. The controversial pastor approached the Lagos state Court of Appeal but his appeal was thrown out and the High courts verdict upheld.

Dissatisfied with the Court of Appeals verdict, Reverend King approached the Supreme court, asking for the verdict to be upturned. The Apex court is expected to give its ruling this morning. 

ALABAMA CHIEF JUSTICE BANS SAME SEX MARRIED IN HIS STATE

On Wednesday, law-disdaining Alabama Chief Justice Roy Moore ordered probate judges throughout the state to stop granting marriage licenses to same-sex couples—in effect, outlawing marriage equality in the state. Moore, who has called homosexuality an “inherent evil” and a “crime against nature,” insisted that the Supreme Court’s decision in Obergefell v. Hodges, which found that same-sex marriage bans violate the federal Constitution, was not binding in Alabama because the state was not a party to that specific litigation. Because Orbergefell did not “directly invalidate” Alabama’s same-sex marriage ban, Moore wrote, the law remains in force until the Alabama supreme court strikes it down. Since the Alabama supreme court recently declared that it held the power to ignore the U.S. Supreme Court when its rulings contravene “ideas of marriage indisputably ... shaped by the Jewish and Christian religions,” Moore has essentially announced that same-sex marriage will remain permanently banned in his state.

We should treat Moore’s order with the same respect and reverence that Moore has shown for his office—which is to say, absolutely none at all. At best, Moore’s order reads like a senior prank by an underachieving high school student. To review: Yes, Obergefell directly applied only to Michigan, Kentucky, Ohio, and Tennessee. The Supreme Court’s ruling, however, was not so limited: “The Fourteenth Amendment,” the majority held, “requires a state to license a marriage between two people of the same sex.” Not those four states, but every state. And that ruling supersedes any state laws or court decisions to the contrary, thanks to the Supremacy Clause. Put differently, Moore and his colleagues can throw as many temper tantrums as they want—but they can’t override the United States Supreme Court.

AGF: WE'LL AUDIT ALL PENDING HIGH PROFILE CASES

The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, said yesterday that he has secured the approval of President Muhammadu Buhari to thoroughly audit all pending high profile criminal cases. Who made this disclosure while briefing newsmen in abuja yesterday said that the audit will be aimed at uncovering reasons  why past administrations failed to effectively prosecute corruption cases that were initiated against some politically  exposed persons.

 He said the President Buhari-led government would not hesitate to re-open fresh investigation against anyone whose trial is found to have been compromised in any way.

“Similarly, those who compromised investigations of such cases will be duly prosecuted. Under this administration, there will be no respite for the corrupt,” the AGF stated.

Remarkably, almost 10 years after the  Economic and Financial Crimes Commission, EFCC, dragged some former governors to court over their alleged complicity in money laundering and wanton looting of public treasury, no meaningful headway has been made on most of the cases.

In fact, most of the corruption cases pending in court against the former governors are yet to even enter the hearing stage.

Mindful of this fact, the AGF, yesterday, vowed to re-invigorate all the anti-corruption agencies in the country, saying: “The battle against corruption is one which the administration of President Buhari has identified as crucial to the ultimate capacity of the Nigerian state to rise to its full potentials.

“The linkage between corruption and under-development has long been established and explains why Mr. President, in his inaugural address on May 29, 2015, identified corruption as the worst form of human rights violation as it denies the people the resources they need to develop and thrive.

“The Federal Ministry of Justice will, therefore, be positioned under my watch to play this role in a credible and committed manner.

“The task of re-invigorating the ministry and the other anti-corruption agencies such as the EFCC, the ICPC and the Nigeria Police Force, is one to which I hereby pledge my personal commitment and energy, in order to position them to fight it within the bounds of law, without fear or favour, affection or ill-will and in line with international best practices.

“Fighting corruption, of course, is not only a question of having laws and institutions in place, but also involves the need to deepen institutional credibility and individual integrity.

“The staff of the ministry and the other agencies, who will be involved in this fight, must therefore, realise that new and improved standards will be required of them and this government will not accept excuses for failure in the investigation and prosecution of cases.

“On its part, government will continue to improve the levels of provisions of the resources and welfare requirements of the officers who will be involved in this campaign. We all must continue to be motivated by the fact that corruption is a monster which can consume us all if we do not collectively tackle it through individual efforts and collective approaches.

“The world over, it is believed that democracy thrives in an atmosphere of an independent judiciary, the protection of minority rights and an active legislative assembly that acts as an effective oversight over Executive action. As Nigeria’s Chief Law Officer, I am mindful of the responsibilities vested upon me under the constitution and therefore commit myself to building these Democratic institutions which are the pillars of our democracy.”

“On the international front and conscious of the responsibility of my Ministry to advice the government on its international treaty obligations, we shall strive to ensure that our international bonds with our partners continue to be strengthened.

“We shall therefore continue to work with foreign governments and institutions in tackling complex cross-border crimes and implement mutual legal assistance agreements with other countries especially in the area of asset repatriation and legal assistance.

“We must show collectively, a determination to demonstrate that the law is not an ass, as it used to be referred to derisively, but instead, that it can be a potent force for positive change and the enthronement of social justice.

“I am therefore committed to the employment of law as an instrument of social engineering to work and realise the Change that we all desire as a people”, the AGF added.

Meantime, fielding questions from journalists on why the federal government was acting against a valid court order by deploying operatives of the Department of State Service, DSS, to prevent the former National Security Adviser, NSA, Col. Sambo Dasuki, retd, from travelling abroad for medical treatment, the  AGF, insisted that the action of the government was backed by the law.

According to him, “This administration believes in the supremacy of the rule of law and can never flout court orders. However, some high profile cases are sometimes clouded by multiple issues that require in-depth investigations.

“Even when a case has already been entered against you, if fresh monumental issues arise, as a good citizen, you are bound to submit yourself for investigation. It is not enough to conclude that an order of a court is flouted, we must look at peculiarity of the circumstance”.

Contending that national interest would always supersede that of any individual in the country no matter how highly placed, the AGF, said:  “There is no room for corruption in this country. We will deploy all resources to fight it and also ensure that those who compromised the fight in the past are brought to book”.

ATTORNEY GENERAL TO APPEAR IN COURT NOVEMBER 23RD: DASIKI'S HOUSE ARREST

Justice Adeniyi Ademola of the Federal High Court in Abuja has extended till Monday, November 23rd the summons he issued against the Attorney General of the Federation (AGF) and Minister of Justice, Alhaji Abubakar Malami (SAN) to appear before him to explain the continued siege being laid on the Abuja residence of the Former National Security Adviser (NSA), Colonel Dasuki (rtd).

Justice Ademola gave the extension after the new Solicitor General of the Federation, Taiwo Abidogun, who was in court for the first time over Dasuki’s matter, told the court that the AGF and Minister of Justice had not resumed office. Abidogun said Malami will be resuming office on Wednesday November 18th and will be briefed on the matter by Thursday or Friday. He assured the court that the AGF will appear before it unfailingly on Monday.

SUPREME COURT HALTS SARAKI'S TRIAL

The Supreme Court, this morning, stayed further hearing on the 13-count criminal charge pending against the Senate President, Dr. Olubukola Saraki, before the Code of Conduct Tribunal, CCT.

The apex court, in a ruling today, directed the Justice Danladi Umar-led tribunal to suspend the trial to enable it to hear and determine the substantive appeal that Saraki lodged before it.

This was even as the prosecuting counsel, Mr. Rotimi Jacobs, SAN, entered an undertaking before the apex court that “no unusual step will be taken by the federal government”, in relation to the matter.

In their ruling, a five-man panel of Justices of the Supreme Court led by Justices John Fabiyi, held: “It is imperative to state that all the parties, including the Code of Conduct Tribunal, should tarry a while to enable this court to determine the appeal before it.

File: Bukola Saraki in Court: Senate President Bukola Saraki at Code of Conduct Tribunal shortly after his lawyers walkout of the Court during court sitting in Abuja. Photo by Gbemiga Olamikan.

“In effect, further proceeding at the CCT should be stayed pending the hearing of the appeal. Hearing date will be communicated to all the parties”, Justice Fabiyi ruled.

All the other members of the apex court panel also concurred with the lead ruling.

Saraki is in his appeal marked SC/852/2015, praying the apex court to invoke its powers and quash the 13-count criminal charge that was preferred against him by the federal government.

Besides, he wants the Supreme Court to set aside the judgement of the Abuja Division of the Court of Appeal which on October 30, gave the government the nod to open its case by call witnesses to testify against him.

In the appeal he filed through his team of lawyers led by Mr. J.B. Daudu, SAN, the embattled Senate President, applied for: “An order staying further proceedings in Charge No: CCT/ABJ/01/2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on 5th and 6th of November, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated 30th October, 2015.”

NBA TO INVESTIGATE WALK OUT ACTION SARAKI'S TRIAL

The Nigerian Bar Association (NBA) says it will investigate the action of the senior counsel who represented the Senate President, Dr Bukola Saraki, at the Code of Conduct Tribunal on Thursday. Senate President Bukola Saraki at Code of Conduct Tribunal shortly after his lawyers walkout of the Court during court sitting in Abuja. Photo by Gbemiga Olamikan.

NBA General Secretary, Mr Afam Osigwe, told the News Agency of Nigeria (NAN) on Friday in Abuja that the association would undertake the investigation to ascertain facts of what transpired at the tribunal before taking a position.

“We got different accounts in the media and would need the correct details to allow the NBA to react from an informed position. From the accounts we got through the media some said the lawyers walked out while others said they withdrew. So, due to the inconsistent choice of words, we cannot speak on the matter until we get the full and accurate details,” he said.

The lawyers, Messrs Mahmud Magaji (SAN) and Ahmed Raji (SAN), had withdrawn their services as lawyers representing Saraki at his trial on allegation of false asset declaration before the tribunal.

They had also staged a walk out with the junior lawyers who appeared with them before the tribunal concluded the case.

The lawyers openly announced their withdrawal following their perceived dissatisfaction with the ruling of the tribunal on their application for stay of proceedings.

They said that they were displeased with the decision of the tribunal refusing the application to stay proceeding in the trial pending the determination of an appeal they filed before the Supreme Court.

Specifically, Magaji had said: “This is a judicial rascality and I cannot be part of this process. I therefore withdraw my representation as the respondent’s counsel.”

Speaking in same vein, Raji said: “We have pending application before the supreme court.

“I believe that in the hierarchy of court we have the tail and the head and the tail cannot dictate for the head as we have seen here.

“I also withdraw my services as lawyer to the respondent.”

Meanwhile, a cross section of lawyers in Abuja has condemned the “walk out’ by the senior counsel, describing it as a “disgrace to the bar”.

Some of the lawyers who spoke to NAN said the action of the lawyers was unethical, while some blamed the judge for not taking appropriate action to charge them for contempt.

Mr Nnanna Oketa said young lawyers were highly disappointed with the conduct of the senior advocates, adding that the action was more political than judicial.

TRIBUNAL JUDGEMENT IN ANAMBRA CAN NOT HOLD SAYS OTTI

THE appeal made by Governor Victor Okezie Ikpeazu to his political rivals to sheathe their swords as a mark of patriotism yesterday failed to yield results as his All Progressives Grand Alliance (APGA) main rival, Alex Otti, challenged his victory at the tribunal. Otti said he would ‘drag’ the matter to higher courts.

In his reaction to the Tuesday judgmen of the tribunal, which was forwarded to The Guardian by Otti’s Personal Assistant on Media, Mrs. Jennifer Ben-Okereke, Otti said the judgment ‘cannot stand.’

According to him, “the judgment scuttled the people’s hope and desire for positive change and thus silenced and denied the people the mandate they freely gave to me and my party, the All Progressives Grand Alliance (APGA) during the April general elections in the state.”

According to the statement, “the judgment certainly did not reflect the wishes and aspirations of the people which they expressed through the ballot. Therefore, it certainly cannot stand; the battle has not ended.

“We shall explore the next judicial window to seek redress in order to ensure that justice is done and that we recover our mandate.

“We did not envisage that this our struggle of 16 years to liberate ourselves from the stranglehold of the slave masters would be a tea party, and this judgment cannot deter us or vitiate our determination. The State Election Petition Tribunal chaired by Justice Usman Bwala had endorsed the governorship election victory of Ikpeazu.

The governor contested in the election held on April 11 and 25 on the platform of the Peoples Democratic Party (PDP) and was declared winner by the Independent National Electoral Commission (INEC). His closest rival, Otti of the APGA, challenged his victory at the tribunal.

The Tribunal began sitting in Umuahia High Court premises by 9.15 am and read its judgment that lasted more than two hours. It dismissed Otti’s petition for failing to prove his allegations.

Justice Bwala in his judgment said that Otti contradicted himself when he both asked the tribunal to cancel the election and at the same time declare him (Otti) the winner of the election, just as some of his witnesses made contradictory statements.

The Tribunal consequently dismissed Otti’s petition without awarding costs. Justice Bwala said: “Everything with a beginning must have an end. Today comes the end of our sitting in Abia State.

“What we did was in our professional capacity. After today, we can begin to embrace people when we meet them. We are grateful and thankful to petitioners, counsels, workers, reporters for your cooperation and we appreciate immensely the level-headedness of the counsels.”

In a swift reaction to the judgment, National Chairman of APGA, Dr Victor Ike Oye, while addressing party members at its office in Umuahia, said: “We had complained that we would not get justice in Abia State. We are taking the matter to Abuja where we expect to get justice. Please remain calm and be hopeful that we shall get justice no matter how long it takes.”

Governor Ikpeazu in his remarks said the judgment “has given us further impetus to continue with the state development. I appeal to all aggrieved parties to show patriotism and join hands with us in the service of our people. For me, there is no victor, no vanquished; the victory is for democracy”.

Chairman of the PDP in the state, Emma Nwaka, said the party expected the victory “because we worked for it. Abians who voted for us would have been disappointed if the judgment went to Otti and APGA.”

For the immediate past Nigeria’s ambassador to Argentina, Chief Empire Kanu: “this is the true victory expected.”

OIL THIEVES BAG 84 YEARS IN PRISON

Seven men were yesterday sentenced to 84 years imprisonment by the Federal High Court in Lagos for stealing petroleum products.

Justice Okon Abang found Adedamola Ogungbayi, Olaniran Olabode, Suraju Gasali, Moses Emmanuel, Wilson Bonsi, Okaraodi Uche and Onyeogo Happy guilty of dealing in 1,459 metric tonnes of premium motor spirit (petrol) without licence.

The judge held that the convicts’ crime amounted to economic sabotage. He described them as “godless”, saying such acts must be punished.

He said: “The convicts have no sympathy for the corporate existence of this country. The seed of wrongdoing may be sown in secret but the harvest cannot be concealed. Today is the day of reckoning.

“You call it oil bunkering or pipeline vandalism, but this menace has reached an alarming proportion in this country. Enough is enough.                                                                        The convicts are godless and lawless, without any particle of sympathy for this country. They are part of the people that have contributed to the economic woes of this country.

“The convicts planted thorns, they cannot expect to gather flowers; they sowed the wind, and they must gather whirlwind.”

The judge also ordered that the vessel, MT Good Success, used in committing the crime, as well as the recovered petroleum product be forfeited to the Federal Government.

Justice Abang ordered the forfeiture of the sums of N66.6 million and $975,000 (about N194m) belonging to the convicts’ company, Hepa Global Energy Limited, domiciled with the First City Monument Bank.

An affidavit of compliance with the orders of forfeiture must be filed within 21 days of the judgment, the judge directed.

The convicts, their vessel and company were re-arraigned last August 28 on five counts, along with Padoun Jacob, who was discharged and acquitted yesterday.

The judge, in setting Jacob free on all the five counts, described him as a desperate job seeker, who became a victim of circumstances.

He noted that the stolen product had been loaded before Jacob was employed by Hepa Global Energy Limited on February 7, 2014.

“The guilty should not escape punishment but the innocent should not be punished,” the judge held.

Rather than life sentence, which is the maximum penalty for the crime, the judge handed each of the convicts a 10-year jail term on each of the counts, and two years on the fifth count. The total of 12 years will run concurrently.

The Economic and Financial Crimes Commission (EFCC) prosecutor, Mr. Rotimi Oyedepo, said the convicts violated sections 19(c) and 17 of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004.