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ICYMI: Court Grants Oyo Judge Paternity Right of Late Akintola

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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.

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Borno Acts of Terror: Tinubu Orders Security Chiefs to Relocate to Maiduguri

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President Bola Tinubu has ordered security chiefs to relocate to Maiduguri, Borno State, where about 23 people were killed following explosions in the North-Eastern city, and has promised to track the perpetrators of the “acts of terror”.

President Bola Tinubu, in condemning the incident, described it as part of the “desperate and frantic attempts by criminals and terrorist elements trying to instil and spread fear” among people owing to pressure from security forces.

He said the government is beefing up security across the country and has “directed security chiefs to move to Maiduguri to take charge of the situation.

“I have also directed the emergency agencies to provide proper care for the injured,” Tinubu wrote in a statement on Tuesday.

The president said the incident is “profoundly upsetting” but warned that “There is no place in Nigeria where terrorists will find safety.

“We will locate them, confront them, and completely defeat them.”

See also  Troops kill two ‘terrorists’, recover weapons in Borno

“We will continue to intensify our efforts against all criminal elements, wherever they may be,” Tinubu promised.

He lauded the “courage and fighting spirit of our patriotic troops” for their efforts in repelling the “coordinated attacks by these terrorists on military positions in the state”.

Listing efforts by his administration, Tinubu said he recently “approved additional equipment and operational support to enhance their capabilities.

“This effort is already in progress,” he said.

Meanwhile, the Northern Senators’ Forum said it is “shocked and saddened by the devastating bomb explosions.”

While extending “heartfelt condolences to the government and people of Borno State,” the lawmakers assured that “everything will be done by the Federal Government to ensure that the people regain confidence in the City.”

“We pray for the speedy recovery of the injured and comfort for the families of the victims,” Abdulaziz Yar’Adua, the forum’s leader, said in a statement.

“We also call on all Nigerians to remain calm and support the efforts of the security agencies to bring the perpetrators to justice.”

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Court Threatens Bail Revocation, Arrest Against Sowore

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Justice Mohammed Umar of the Federal High Court of Abuja, has warned that he may revoke the bail granted to politician and online publisher, Omoyele Sowore, if he fails to appear at the next hearing in his ongoing trial over alleged cyberstalking.

The judge issued the warning on Thursday after the defendant and his legal team failed to appear in court for the scheduled proceedings.

Justice Umar said he would not hesitate to revoke Sowore’s bail and issue a bench warrant for his arrest if he fails to attend the next adjourned sitting.

“If the defendant fails to attend the next adjourned date, I will not hesitate to grant the prosecution’s request to revoke his bail and issue a warrant for his arrest,” the judge warned.

Sowore is being prosecuted by the Department of State Services> over alleged cybercrime offences ulinked to a social media post in which he described President Bola Tinubu as “a criminal” on his X and Facebook accounts.

At Thursday’s hearing, Sowore was absent, and none of his lawyers, reportedly about 30 in number, were present in court.

Counsel to the prosecution, Akinlolu Kehinde, told the court that the defence was expected to conclude its cross-examination of the first prosecution witness.

Kehinde argued that there was no justification for the absence of the defendant and his legal team, stating that both parties had been duly served hearing notices.

“I confirmed from the court’s registry that a hearing notice was served on the defendant through his team of lawyers, just as the prosecution was also served,” Kehinde told the court.

He added that the defendant, who was expected to be present at every sitting of the court, had neither appeared nor provided any explanation for his absence.

Citing Sections 352(1) and (2) of the Administration of Criminal Justice Act 2015, the prosecuting counsel urged the court to revoke Sowore’s bail and issue a bench warrant for his immediate arrest to ensure his presence in court.

However, in his ruling, Justice Umar acknowledged that Sowore had been properly served with the hearing notice but noted that the defendant had consistently attended court proceedings since the trial began late last year.

The judge also observed that previous adjournments in the case had occurred at the instance of both the prosecution and the defence.

On that basis, he said the defendant should be given the benefit of the doubt since it was the first time he had failed to appear for trial.

“The defendant has always attended court since the commencement of the case,” Justice Umar said, noting that it would be fair to give him the benefit of the doubt.

The court subsequently adjourned the matter until March 16 for continuation of trial and ordered that another hearing notice be issued to Sowore.

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LPDC Dismisses Complaints Against Deputy Speaker Kalu

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The Legal Practitioners Disciplinary Committee (LPDC) has dismissed a complaint filed against Deputy Speaker of the House of Representatives, Rt. Hon. Benjamin Okezie Kalu, stating that no prima facie case was established against him.

A certified true copy of the committee’s ruling, with reference number BB/LPDC/1954/2026, was made available to journalists, effectively closing the matter.

The ruling, signed by Umeh Kalu (SAN,) a senior member of the LPDC panel, delivered a decisive verdict in favour of the respondent.

The LPDC panel, in a thorough and unambiguous opinion, stated that it found the complaint fundamentally flawed both procedurally and substantively.

“The Statement of Facts was erroneously addressed to the Chairman of the Legal Practitioners Privileges Committee rather than the Chairman of the LPDC, as required under Rule 4 of the LPDC Rules, 2020.

“While we chose to overlook this error, it could not rescue the complaint on merit,” the panel stated.

On the allegations relating to NYSC participation, Nigerian Law School training, and enrollment at the Supreme Court, the panel said they fell entirely outside the LPDC’s jurisdiction.

“The LPDC is established solely to regulate the professional conduct of enrolled legal practitioners in the discharge of their duties to the public, as provided under Section 10 of the Legal Practitioners Act.

“The LPDC cannot interrogate the operations of the Nigerian Law School, the Council of Legal Education, the NYSC, or the Body of Benchers,” the ruling stated categorically.

The panel further noted that the alleged infractions, even if true, occurred before the respondent was called to the Bar, placing them squarely beyond the LPDC’s inquisitorial reach.

Recall that a lawyer, Barr. John Aikpokpo Martins, had alleged that Hon. Kalu, formerly known as Benjamin Okezie Osisiogu before a legal name change. had simultaneously participated in the National Youth Service Corps (NYSC) scheme while attending the Nigerian Law School, in alleged violation of the NYSC Act.

The applicant further alleged that this dual participation amounted to false declarations, which he claimed formed the basis of the respondent’s call to the Bar on September 6, 2011, and subsequent enrollment on the Roll of Legal Practitioners at the Supreme Court of Nigeria on October 5, 2011.

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