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Abuja court grants Kanu’s request to apply for access to doctor, medical records 

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Sodiq Adelakun

The Federal High Court sitting in Abuja, on Wednesday, granted the detained leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu, the permission to apply for an order of mandamus to compel the Department of State Service, DSS, to allow him to have unhindered access to his medical doctor.

Kanu alleged that upon his “abduction” in Kenya, he was subjected to various forms of brutal torture and inhuman treatment and degradation, all of which worsened his health condition, pursuant to which he suffered a mild cardiac arrest before he was “smuggled back into Nigeria”.

“The Applicant’s health condition has continued to take a downward spiral since then.

“That various medical personnel that attended to the Applicant whilst in custody, had repeatedly informed him that they could not ascertain the reason for the depletion of potassium in the Applicant’s blood.

“That on various occasions, the medical personnel brought by the Respondents took the Applicant’s blood sample and allegedly transported same to South Africa for screening and up till the present, there is no end in sight for their trial-and-error medicare.

“That all medical experts that have so far attended to this complex health situation of the Applicant failed to medically fathom the explanation for the continued failure of various treatments so far given to the Applicant, hence their inquiries as to whether the Applicant may have been injected with a dangerous substance by those that abducted him in Kenya before being forcibly smuggled into Nigeria.

“That the medical personnel attending to the Applicant in the custody of the Respondents are oblivious of the cause of the Applicant’s health condition and are basically using the Applicant as a guinea pig while carrying out a trial-and-error exercise, as they keep changing his drugs and increasing the dosage without any improvement whatsoever in his health condition. Attached and marked as Exhibit MNK 6 is a copy of the Applicant’s medical report issued by the Respondents.

“That the full medical history of the Applicant as contained in his Medical file with the detaining authority were deliberately suppressed, as the facts of the speedy depletion in his potassium content was clearly deleted from the medical report which the Respondents issued to the Applicant.

“That the Applicant’s doctor- Dr. CFine Okorochukwu, who had gone to visit him on the 29th August, 2022, and 1st and 15th September, 2022, respectively, was denied access to him, by the Respondents, in flagrant disregard to the Order of the trial court, made on the 21st day of October, 2021, which order directed that the Applica nt should be allowed access to three persons of his choice, which persons includes his doctors. Attached and marked as Exhibit MNK8 are copies of the letters forwarding the name of the Doctor to the Respondents.

“That following the continued refusal of the Respondents to allow the Applicant access to his medical doctor, on the 12th of December, 2022, the Applicant through his lead Counsel- Chief Mike Ozekhome, SAN – wrote to the Respondents and demanded that the Applicant be given unhindered access to his own medical doctors; and further, for the Applicant’s comprehensive medical records. A copy of the said letter is hereby attached and marked as Exhibit MNK9.

“That the Respondents roundly ignored the Applicant’s request to be availed of his medical records, and access to his doctors.”

Kanu told the court that though the DSS refused to avail him with his medications despite his deteriorating health condition, on account of paucity of funds, it rejected N1million that was raised by his family.

It will be recalled that the Court of Appeal in Abuja had on October 13, 2022, quashed a 15-count terrorism charge the Federal Government entered against Kanu, even as it discharged him.

Following an appeal FG lodged before the Supreme Court, the appellate court, on October 28, 2022, granted a stay of execution of its judgement to await the decision of the apex court.

Crime

Police admit officer shot man killed on Lagos fuel queue

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The Lagos State Police Command has admitted that one of its officers is responsible for the death of a young man, Toheeb Eniafe.

Toheeb was shot on Wednesday at a petrol station belonging to the Nigerian National Petroleum Company Limited at Obalende in the Ikoyi area of Lagos State.

Eniafe was reported to have been shot dead while he and some others were resisting the move by some security agents to buy fuel without joining the queue.

The state Police Public Relations Officer, SP Benjamin Hundeyin disclosed this on Thursday.

He said, “The person behind the shooting has been identified as a police officer serving at Special Protection Unit (SPU) Base 17, Lion Building, Lagos.

“Investigation is still ongoing and further findings will be made available.

“Meanwhile, the Lagos State Police Command is working with the family of the deceased to ensure that there is no miscarriage of justice,” the PRO stated.

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Crime

Internet fraudster bags seven years in Port Harcourt

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Justice P.M Ayua of the Federal High Court sitting in PortHarcourt, Rivers State has convicted and sentenced one Odinakachi Prince Onyeoziri to seven years imprisonment.

He was jailed after pleading guilty to three-count charges bordering on internet fraud contrary to Section 14 (1) of the Cybercrimes (Prohibition, Prevention etc) Act, 2015 and punishable under the same Section.

One of the count charges reads: “That you, Odinakachi Prince Onyeoziri, and Solmyr (atlarge) between June, 2021 to November, 2022 within the jurisdiction of this Honourable Court knowingly caused your victims loss by inputting or suppressing data in computers thereby benefiting the aggregate sum of $3000 (Three thousand United States Dollars) and thereby committed an offence contrary to section 14(1) of the Cybercrimes (Prohibition, Prevention, etc) Act, 2015 and punishable under the same Section.”

He pleaded “guilty” to the charges when they were read to him.

In view of his guilty pleas, prosecuting counsel, I. Agwu sought to review the facts of the case through the investigating officer,  Abalaka Stephen, an operative of the Commission. While being led in evidence, he told the court that the defendant was arrested by operatives of the Commission following a written petition by the Federal Bureau of Investigation, FBI, against the defendant for alleged internet fraud activities. He was thereafter apprehended sometime in February, 2024 at Owerri, Imo State.

Testifying further, he told the court that the defendant in his voluntary statement to the EFCC, confessed to being into internet fraud, spreading of computer virus, spamming and also causing his victims losses by inputting data in computers. He confessed benefiting an aggregate sum of Three Thousand United States Dollars ($3,000) by representing himself to unsuspecting victims as different individuals

Agwu, thereafter, sought to tender in evidence, the statements, and all the items recovered from the defendant. The court thereafter admitted the evidence and were marked as exhibits.

Thereafter, the trial judge declared him guilty as charged.

Defence counsel, B. Onuoha, on the other hand prayed the court for leniency. He appealed to the court to temper justice with mercy, considering his status as a first-time offender, and remorse for his actions.

Justice Ayua sentenced him to seven years imprisonment cumulatively with Three Million Naira (3,000,000.00) as an option of fine payable into the Consolidated Revenue Account of the Federal Republic of Nigeria.

In addition, the judge ordered that, items recovered from the convict, two laptops, a mobile device, Toyota Highlander with Registration: NKR 736 AA, two story buildings containing six units of two bedroom flats should be forfeited to the Federal Republic of Nigeria. Additionally, the convict shall depose an affidavit of good behaviour before the court.

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Naira mutilation: Court adjourns Cubana’s trial till June 5

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Justice Kehinde Ogundare of the

Federal High Court sitting in Ikoyi, Lagos, on Thursday,  May 2,  2024 adjourned further hearing in the trial of Pascal Okechukwu, a.k.a. Cubana Chief till June 5,  2024.

Okejukwu was arraigned on Wednesday, April 17, 2024 by the EFCC on a three-count charge bordering on abuse of the Naira.

One of the counts reads: “That you, Okechukwu Pascal, on 13th February, 2024, at Eko Hotel Hotel, Victoria Island, Lagos, within the jurisdiction of this Honourable Court, while dancing during a social  event, tampered with funds in the denomination of N500(Five Hundred Naira) issued by the Central Bank of Nigeria by spraying, thereby committed an offence contrary to and punishable under Section 21(1) of the Central Bank Act, 2007.”

Another count reads: “That you, Okechukwu Pascal, sometime in 2020, in Lagos, within the jurisdiction of this Honorable Court, during a social event tampered with funds in the denomination of N500( Five Hundred Naira) issued by the Central Bank of Nigeria by spraying same for two hours and you thereby committed an offence contrary to and punishable under Section Section 21(1) of the Central Bank Act, 2007.”

At the resumed sitting of the court on Thursday, Okechukwu  through his lawyer, Chikaosolu Ojukwu, SAN, told the court about a plan of his client to enter a plea bargain with the EFCC.

Ojukwu also sought to withdraw his  earlier preliminary objection filed on April 24, 2024, challenging the jurisdiction of the court to entertain the charge. “In the interest of justice, we are urging the court to strike out the motion because the prosecution has not responded to it,” he said.

The prosecution counsel did not oppose the withdrawal of the application.

Consequently, Justice Ogundare struck out the application, having been withdrawn by the defence, and also  adjourned the case till June 5, 2024.

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