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Law/Judiciary

Warrant Of Arrest

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Every warrant of arrest shall bear the date of is
sue, shall contain all necessary particulars and shall be signed by the judge or magistrate by whom it is issued.
The warrant is expected to state concisely the offence or matter for which it is issued and shall name or otherwise describe the person to be arrested, and it shall order the police officer or officers to whom it is directed to arrest the person and bring him before the court to answer the complaint or statement, or to testify or others wise according to the circumstance of the case and to be further dealt with according to law.
All warrant of arrest must be made in writing on oat by the complainant himself or by a warrant witness.  Note that warrant of arrest may  be issued on any day, including Sundays or public holidays.  A warrant of arrest may be directed to a police officer by name or to all police officers but in some exceptional cases, a court issuing a warrant of arrest may if its immediate execution is necessary and no police officer is immediately available, direct it to some other person(s) as the person(s) shall execute the warrant.
The person executing a warrant of arrest  directed to him shall have all the powers, rights, privileges and protection given to or afforded by law to a police officer executing a warrant of arrest and shall confirm with the requirement placed by law on such a police officer.  A warrant shall not be returnable at any particular time; it shall remain in force until it is executed or until it is cancelled by a judge or a magistrate, as the case may be.
Procedures for execution of warrant.
Every warrant of arrest may be executed  on any day including Sunday and public holidays.
Every such warrant may be executed by a police officer at any time and in any place other than the court room.
The person executing the warrant, shall before making the arrest, inform the person to be arrested that there is a warrant for his arrest unless there is reasonable cause  for abstaining room giving such information on the grounds that it is likely to occasion escape, resistance or rescue.
Also note that a warrant of arrest may be executed  not withstanding that it is not in the possession of the person executing it, but the warrant shall on the demand by the person arrested, be shown to him within a reasonable time in a state different from the state where the warrant of arrest is issued, the following procedure has to be followed:
1. The warrant of arrest will be taken before a magistrate  within the state where the offender resides or is found.  The magistrate will be required to endorse the warrant of arrest after having satisfied himself that:
i. The warrant of arrest was indeed issued by a competent authority such as magistrate, judge, superior police officer or justice of peace; and
ii. That the alleged offence is one that is known to the law of the state, which issues the warrant.
In Commissioner of Police V Apanpa (Unreported) M/42/1968 High Court  Lagos State, an Alkali Court issued a warrant of arrest in the then Benue/Plateau State a Magistrate Court in Lagos endorsed it.  In accordance with the endorsement of the warrant of arrest by the Alkali Court, the Magistrate court in Lagos ordered that the person arrested under the warrant be taken back to Benue/Plateau state, the person applied to the High Court to set aside  the order of the magistrate court.  It was held that the Nlkali court was not competent to issue a warrant of arrest  because it was not a court as contemplated by the law and consequently the magistrate court in Lagos should not have endorsed the warrant.

 

Nkechi Bright Ewere

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Law/Judiciary

Travel Agent Charged With N1.3m Visa Fraud

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A 40-year-old travel agent, Eze Sunday, was on Monday arraigned at a Yaba Chief Magistrates’ Court in Lagos for allegedly obtaining N1.3 million from a client on the pretext of procuring a Turkey visa for her.
Sunday is facing a three-count charge bordering on conspiracy, stealing and obtaining by false pretences.
The defendant, who resides in Yaba, however, pleaded not guilty to the charge.
The Prosecutor, Mr J.I. Eboseremen, told the court that the defendant committed the offences sometime in January on Association Avenue in Igando, Lagos.
He said that the defendant stole the N1.3 million from the complainant, Miss Charity Obeta, which she gave him through a United Bank of Africa electronic transfer, for her travel logistics.
According to him, the defendant promised to procure a Turkey visa, get a return flight ticket and hotel reservation for Obeta, but failed.
Eboseremen alleged that the defendant absconded with the money and refused to take the complainant’s calls.
“My lord, the complainant’s intended travel date was drawing close but she could not contact the defendant.
“His colleagues at workplace told her that the defendant travelled and did not intend to return to the office.
Obeta reported the case to the police, and the defendant was tracked and arrested,” the prosecutor said.
He said that the alleged offences contravened Sections 411, 314 and 287 of the Criminal Law of Lagos State, 2015 (Revised).
The Chief Magistrate, Mrs Oluwatoyin Oghere, released the defendant on bail in the sum of N2 million with two sureties each in like sum.
Oghere said that one of the sureties must be a blood relation of the defendant and reside within the court’s jurisdiction.
She ordered that the sureties must be gainfully employed and show evidence of three years’ tax payment to Lagos State Government.
Oghere adjourned the case until September 11 for trial.

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Law/Judiciary

Remove Nwosu’s Name As Guber Candidate, Court Orders INEC

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The Federal High Court, Abuja, last Monday, ordered the Independent National Electoral Commission (INEC) to remove the name of Uche Nwosu as a governorship candidate in the last election held in Imo State.
Justice Inyang Ekwo voided Nwosu’s candidacy on the grounds of double nomination by two political parties, the All Progressives Congress (APC) and the Action Alliance (AA), in violation of section 37 of the Electoral Act.
The ruling came as Nwosu, a son-in-law to the immediate-past Governor of the state, Rochas Okorocha, is currently pursuing an election petition at the state’s Governorship Election Petition Tribunal as the candidate of AA, challenging the victory of the Peoples Democratic Party (PDP) and its candidate, Emeka Ihedioha, in the March 11 poll.
In his judgment on Monday, Justice Ekwo upheld the case of the plaintiffs, the Action People’s Party (APP) and its Deputy National Chairman, Mr Uche Nnadi, to the effect that Nwosu’s governorship candidature was null and void on the grounds of multiplicity of nominations as a governorship candidate of both the APC and AA.
According to him, the nomination of Nwosu by AA as a governorship candidate is invalid, null and void, having been made at the pendency of similar nomination of the 2nd defendant (Nwosu) by the All Progressives Congress for the same position.
The judge noted that Nwosu affirmed to be the APC’s governorship candidate in his statement on oath sworn before the High Court of the Federal Capital Territory.
The judge similarly declared that Nwosu “has not been validly nominated by the 3rd defendant (AA) as its governorship candidate for the state governorship election having been made at the pendency of the order of Justice Valentine Ashi of the Abuja High Court recognising the 2nd defendant as the candidate of the All Progressives Congress for the Imo 2019 governorship election.”
He noted that Nwosu participated in the APC’s primaries held on October 6, 2018 and was subsequently nominated as the party’s governorship candidate.
While laying claim to the APC’s governorship ticket, amidst stiff opposition from members of the party, he was said to have on October 9, 2018, obtained an order of Justice Valentine Ashi (now deceased) of the High Court of the Federal Capital Territory, Abuja, recognising him as the valid candidate of the party.
In the midst of this, Nwosu was also offered the ticket of the AA.
In his judgment, Justice Ekwo said, “There is no controversy that, on October 6, 2018, the 2nd defendant (Nwosu) had himself nominated as the governorship candidate of the APC.

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Law/Judiciary

Enugu Police Nab Suspected Armed Robbers, Recover Pistol

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The Enugu State Police Command has nabbed two suspected armed robbers terrorising Abakpa Community in the outskirts of Enugu metropolis.
The police also recovered one locally made Beretta pistol from the suspects.
The Command’s Public Relations Officer, SP Ebere Amaraizu, said this in a statement made available to newsmen yesterday in Enugu.
Amaraizu said that the suspects were arrested on August 16 by Anti-Cult Unit of the command after a raid on a black spot in the community.
He said: “Following an attack on Abakpa Police Division operatives by hoodlums, the Anti-Cultism Unit of Command went on raid at Umuchigbo axis of Abakpa Community.
“The operatives arrested one Chekwube Igwe and one Teddy Otti both of Vikings confraternity, who have been terrorising Abakpa Community and its environs.
“The police operatives also recovered a local pistol from them.’’
The police spokesman said that the suspects had been helping police operatives in their investigation on their nefarious activities.
“They will be charged to court as soon as investigation is over,’’ he said.

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