News

ICYMI: Court Grants Oyo Judge Paternity Right of Late Akintola

Published

6 years ago

June 5, 2018

Eric

Justice Aderonke Aderemi of the Oyo State High Court on Thursday granted the prayers of an Oyo state judge, Justice Ladiran Akintola by declaring him a biological son of the late Premier of the old Western Region, Chief Samuel Ladoke Akintola.

The court by the decision also ruled that Justice Akintola is therefore entitled to a share of the estate of the deceased Premier.

Akintola had approached the court by filing a suit against his half siblings; Chief Abayomi Akintola and Dr Abimbola Akintola, asking that the court declare that the letter of administration being used by his siblings and the one earlier given to his stepmother, Late Faderera Akintola as null and void.

Delivering a judgment which lasted for about three hours, Justice Aderemi in the suit which had earlier been heard before Justice S.A. Akinteye and Justice N.A. Esan held that Justice Akintola had led sufficient evidence in the matter and had entered judgment in his favour.

The court declared as null and void the letter of administration issued in 1968 on the estate of Late S.L Akintola by the Western Nigeria High Court of Justice under Faderera Akintola and Abayomi Akintola on the ground that it was obtained by fraud and concealment of interest in a manner that is inimical and discriminatory against Justice Akintola.

Also, the court declared as null and void the letter of administration issued in October 2007 on the estate of Late S.L Akintola by the Oyo State High Court of Justice under Abayomi Akintola and Abimbola Akintola on the ground that it was obtained by fraud and concealment of interest in a manner that is inimical and discriminatory against Justice Akintola.

The court further held that Justice Ladiran Akintola and the six claimant’s witnesses has led enough evidence to his paternity and ruled that he is the biological son of late S.L. Akintola and is therefore entitled to a share of his estate.

The judge further ordered that the two letters of administration declared null and void is immediately revoked and ordered that the Administrator General of Oyo state take up the management of the S.L Akintola estate until a fresh letter of administration that covers all the three children is issued.

Further, she mandated that the detailed account of the estate be submitted within a month of the judgment and gave an order of perpetual injunction mandating Abayomi and Abimbola Akintola from administering the estate of S.L. Akintola or undertaking any activity on behalf of the estate until the new letter of administration is issued.

In the course of the trial, the defendants had filed a Notice of Preliminary Objection asking for an order dismissing the suit on the ground of Section 17 of the Limitations Law of Oyo state and arguing that the time prescribed by law to contest the estate of a deceased had lapsed as the case was filed 47 years after the death of their father contrary to the 10 years provided by law.

However, in determining the issue, Justice Aderemi noted that the defendants did not plead statute of limitation anywhere in their defense and held that, “defendants are not entitled to rely on facts not stated in their defense before the court. The defendants cannot be allowed to plead issues outside the ones clearly stated before the court,’ Justice Aderemi ruled.

On the issue that Justice Ladiran does not have the locus standi to sue as a beneficiary in the matter of the estate but the court also ruled that he had locus standi.

The court further held that the refusal of the first defendant to testify after the defense had opened its case is tantamount to an admission of the claimant’s allegation, adding that it is wrong for the defense to withhold a proof that it had earlier said it had even when the claimant asked for same.

“It is regrettable that the defendants refused to produce the red diary which the defense claimed contains the record of birth of all children of Late S. L. Akintola even when it was served with court notice to produce same by the claimant, this according to the law reflects that the defense withheld the evidence because it found it will be unfavourable to its case,” the court held.

Counsel to Justice Akintola, Abiodun Abdulraheem further applied to the court that it is entitled to cost after expending so much energy and resources in gathering evidence and resources including an 83-year-old man who was the secretary to Late Ladoke Akintola when he was a Premier.

“The defendants filed 12 applications which were all resolved in favour of the claimant and we spent five years on this trial within which we lost a lawyer on our team. I will be asking for a cost of N100, 000 for the application dismissed this morning and N200, 000 for the main case,” Abdulraheem said.

The court consequently awarded the cost of N200, 000 as cost against the defendants.

News

Ex-Gov Bello Stripped of Security Details, Placed on Watchlist

Published

19 hours ago

April 19, 2024

Eric

The Nigeria Immigration Service (NIS) has placed Yahaya Bello, former governor of Kogi, on a watchlist, just as the police headquarters in Abuja “ordered the withdrawal of all men attached to his excellency Alhaji Yahaya Bello, former executive governor of Kogi state”.

Bello was declared wanted by the Economic and Financial Crimes Commission (EFCC) on April 18 after his absence from the federal high court in Abuja “stalled his arraignment”.

The anti-graft agency alleges that Bello, alongside Alli Bello, chief of staff to Usman Ododo, governor of Kogi; and one Daudu Suleiman, diverted about N80.2 billion belonging to the Kogi government.

In a statement signed by DS Umar, assistant comptroller of immigration, on behalf of Kemi Nandap, comptroller-general of the NIS, the agency said “the above named person has been placed on watch list”.

“The subject is being prosecuted for breach of trust and money laundering. If seen at any entry or exit point, he should be arrested and referred to the Director of Investigation for further action,” the statement reads.

On April 17, the EFCC ended its siege on Bello’s residence in Abuja after Usman Ododo, governor of Kogi, arrived at the house and was later seen leaving with his predecessor.

News

N80.2b Fraud: EFCC Declares Ex- Gov Bello Wanted

Published

2 days ago

April 18, 2024

Eric

The Economic and Financial Crimes Commission (EFCC) has declared the immediate past governor of Kogi State, Yahaya Bello, wanted. Yahaya Bello was declared wanted for offences bordering on economic and financial crimes, with special emphasis to an alleged N82.2 billion fraud.

This was contained in a press statement made available to news men on Thursday.

The statement signed by Commission’s management reads as follows:

“Former Kogi State Governor, Yahaya Bello, is wanted by the EFCCfor offences relating to economic and financial crimes to the tune of N80.2 bn.

“Anybody with information as to his whereabouts should report immediately to the commission or the nearest police station.”

News

EFCC Seeks Military’s Help to Arrest Fleeing Ex-Gov Bello

Published

2 days ago

April 18, 2024

Eric

Justice Emeka Nwite of the Federal High Court Abuja, on Thursday, adjourned to April 23, the suit instituted by the Economic and Financial Crimes Commission (EFCC) against the immediate past Governor of Kogi State, Mr. Yahaya Bello.

The adjournment is for substituted service and possible arraignment of Bello for alleged N84billion money laundering.

At the sitting, counsel for the EFCC, Kemi Phinro, told the court that Bello was absent from court for his arraignment because he was being protected by someone with immunity.

Phinro complained that the former governor was whisked out of his Abuja residence by the same person with immunity.

Phinro said the anti-graft agency might seek the help of the military to fish him out to come face his arraignment.

Responding to this submission, Yahaya Bello through his counsel, Abdulwahab Muhammad, told the court that there is an order of the court restraining the EFCC from arresting or arraigning him.

Muhammad said a Kogi State High Court had on February 9, 2024 restrained the EFCC from arresting or arraigning the former governor.

He added that the EFCC has appealed the ruling and the Court of Appeal was yet to decide on the matter.

He pointed out that the action of the EFCC was unconstitutional and the court lacked jurisdiction to entertain any charge from the EFCC.

Counsel for the EFCC, however, disagreed with the submission of the counsel to Bello.

The EFCC counsel held that the ruling in the substantive matter on the suit was delivered on March 17, 2024 by the Kogi State High Court.

He cleared the air that the court in its ruling held that for the former governor to be arrested or arraigned, the EFCC must first seek leave from the court to do so.

He said it was in line with that judgment that the EFCC, through an exparte application, filed for the order seeking the arrest of the former governor which was granted by the court.

Counsel for Yahaya Bello, however, insisted before the court that the order for the ex-governor’s arrest was made out of jurisdiction. He said the former governor is not a fugitive, but relying on the order of the Kogi State High Court to take protection.

On Wednesday, EFCC operatives stormed Bello’s residence in the Wuse area of Abuja and spent most part of the day attempting to arrest the former governor whom the Commission later confirmed was whisked away by his successor.

The EFCC subsequently warned members of the public that it is a criminal offence to obstruct officers of the Commission from carrying out their lawful duties.

The Commission’s spokesperson said that Section 38(2)(a)(b) of the EFCC Establishment Act makes it an offence to prevent officers of the Commission from carrying out their lawful duties.

According to him, culprits risk a jail term of not less than five years.

“On several occasions, operatives of the Commission have had to exercise utmost restraint in the face of such provocation to avoid a breakdown of law and order.

“Regrettably, such disposition is being construed as a sign of weakness.

“The Commission, therefore, warns that it will henceforth not tolerate any attempt by any person or organisation to obstruct its operation as such will be met with appropriate punitive actions,” the statement added.