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Danger Loom’s For Landlords in Akobi Crescent, Surulere as Efunloye Takes Possession

After the judgement of the State High Court delivered in 2013, which nullified Colonel Oyedele as the sole administrator, He didn’t appeal the judgement within the stipulated time require by law.

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The Family of Efunloye Tinubu has takes over property’s at Akobi Crescent, Surulere after legal tussle that lasted for three years before justice was granted to the Family.

A retired colonel, Tunde Oyedele had challenge the family members in a suit number, M/294/2010 asking court to declare him sole administrator of a land measuring 8.994 acres located at Akobi Crescent, off Fashoro Lane, Surulere.

After the judgement of the state High Court delivered in 2013, Colonel Oyedele didn’t appeal the judgement within the stipulated time require by law.

The development which makes the family to take possession of over fifty houses erected on the land as part of the 8.994 acres having not challenge the judgement.

The possession which was coordinate by Ikeja Court Sheriff, with the effort of the Nigeria Police followed strictly rules of engagement.

The Police from Area C, DPO Alakara Division mobilize their men in ensuring that the judgement possession was carried out peaceful.

Colonel Tunde Oyedele, in his evidence before the court by way of two depositions dated 23/06/11 and 11/07/11 which he adopted as his evidence in chief and are marked as Exhibits 1 and 2 respectively.

His testimony is that he is the owner of the vast area of land measuring 8.994 acres lying at Akobi Crescent, Off Fashoro Lane, Surulere in the Surulere Local Government Area of Lagos State which is covered by a Deed of Conveyance dated 03/02/1976 and registered as NO: 98 at page 98 in Volume 2263 at the Lands Registry Lagos.

That he purchased the subject matter from the late Madam lyalode Tinubu Family through one Garuba Bakare of Agbole Tinubu, Ojokodo, Abeokuta who acted for and on behalf of the vendor family.

That the subject matter formed a part of the land which originally belonged to late Madam lyalode Tinubu from time immemorial under the Yoruba native law and custom.

That she enjoyed undisputed possession of the land and exercised undisputed ownership thereon.

He further states that at all times material to the death of his vendor, and thereafter, Garuba Bakare was the Head of the Tinubu Family.

That upon the demise of Madam Iyalode Tinubu the appointment of Garuba Bakare as the Head of the Tinubu Family affirmed by the Supreme Court in Suit NO: M/35/1955.

That Garuba Bakare was appointed as the sole administrator of the Estate of the late Madam Iyalode Tinubu until new trustees were appointed.

That the Supreme Court judgement was subsequently re-affirmed by an order of the High Court of Lagos made on 03/08/1965 in Suit NO: M/3/1965 wherein Garuba Bakare was appointed the Head of the Tinubu Family and seven other persons made trustees over the estate of the late Madam lyalode Tinubu.

However in his ruling, Justice Atinuke Ipaye of a Lagos High Court in Ikeja dismissed the claimants arguement

“I am satisfied that the counter-claimants have established their clear and exclusive possession of the subject property as shown on Exhibits 21(a) (g), 29, and 30.

Under cross examination, since Colonel Tunde Oyedele allegedly purchased the subject matter in 1967, he did not erect any dwelling house or other structure on it, he also admitted that he has never alienated, sold or leased any portion of it to third parties.

That no street on the large expanse of land has been named after him. Equally, he was unable to state how much he alleged spent in his construction of the perimeter fence he allegedly constructed round the almost 9 acres of land.

He was unable to bring forward the builder of the said fence or show receipts of evidencing purchase of building materials for such an extensive construction.

Equally he was unable to mention the name and or whereabouts of the persons he allegedly placed on the land to weed same.

All this tend to show that at no material time was the defendant to counterclaim ever in possession of the said subject property and I so hold.

I believe the testimony of DW1 and DW 2, which I find credible that they are members of the Tinubu Family and have remained in possession of same from time immemorial.

The court hereby declare the sale of 8.998 acres of land by Garuba Bakare to the claimant, (Colonel Tunde Oyedele) as evidence by the Deed of Conveyance dated 3rd of February 1976 as invalid null and void.

Also the deed of conveyance dated 03/02/76 registered as NO: 98 at page 98 in volume 2263 is hereby been REVOKED.

Lastly the court hereby award the sum of one hundred thousand naira to the defendant as general damages for the claimant’s unlawful invasion and trespass to the defendant land in Idi Oro, Surulere, Lagos.

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Top Court News is a product of a dedicated Journalist, owner of I-Wahab Media The Publisher started his Journalism career with Murhi International TV, MiTV in 2003 before working with Radio Nigeria, Lagos Operation, as a Judicial Correspondent. He is presently the Vice Chairman of the National Association of Judicial Correspondent, NAJUC, Ikeja Branch and occupied same office with Nigeria Union of Journalist, NUJ, Radio Nigeria Chapel. topcourtnewsng.com is out to serve you with informative and educative News in the Judiciary sector. To put an end to the under reported activities of the sector among the three arms of government

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BUSINESS

EFCC Narrates How Customer Lose N1.8bn in Sterling Bank Plc Care

Economic and Financial Crimes Commission, EFCC, commence trial against a Sterling Bank Plc official over N1.8bn alleged fraud

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The eagle eye of the Economic and Financial Crimes Commission, EFCC, has caught up with a banker working for Sterling Bank Plc over N1.8bn alleged fraud.

An official of the bank, Ifeanyichukwu Shallom Isituah and a businessman, Ighodaro Austin Osaretin was alleged to steal the sum of N1,790,558,000 belonging to a customer of the bank, Wells Procurement Limited with account number – 0016798848.

The matter has since been dragged to court after thorough investigation by the anti graft agency.

An EFCC Investigator, Adamu Mohammed, told Lagos State High Court sitting in Ikeja, that the agency received a petition with reference No: SB/IAG/12/EFCC/011 duly signed by the Head IT and Head Intelligence and Investigation on behalf of Sterling Bank.

Mohammed, who works with the Team C Cybercrime department of the EFCC, while testifying on oath, said that the petitioner alleged that a customer’s bank account was profiled via internet banking and the said sum was diverted to various individuals and companies.

While led in evidence by the prosecutor, N. M. Anana, the witness testified that preliminary investigation by the bank revealed that the second defendant’s profile, Isituah, a female, was used to initiate the account on internet banking and more than 24 accounts got the same amount of money.

Also Read: Alleged N111.5billion Revenue Fraud Reports Indicts Zenith Bank

“Investigation letters were sent to FCMB, Zenith, First Bank, Fidelity Bank and Access Bank. Responses were received from the banks and the statement of accounts were analysed and the analysis revealed that most of the company’s accounts the money was transferred to were BDC (Bureau de Change) operators.

“Some of them reside in Abuja, Kaduna and there was one address that we suspected to live in Lagos, Ndifreke Roberts. But all efforts to trace the address of Kaduna, Lagos and Abuja suspects did not yield any information to help the commission get them.

“On March 10, 2020, the DSS handed over the two defendants to the commission under the instruction of the AGF (attorney-general of the Federation) for further investigation. The two defendants’ statements were voluntarily taken under caution.

“The first defendant revealed that he has a company called Universal Agriculture Empowerment Initiative as an NGO which received the sum of sixty million naira as part of the transfer from that Sterling Bank customer’s account. He further stated that the money was received from one Osaretin (second defendant) and transferred to his account as a donation.

“That he introduced one of his friends who is the owner of Villavon International School who also received one hundred million naira from the said fraud.

“He further stated that he called a BDC in the name of Damo who owns Damoo Ten Ventures. Damo was invited to the commission and he volunteered a statement that the first defendant contacted him and he transferred sixty million naira to various accounts and further instructed the owner of the International School to transfer ninety-five million naira.

You May Also Like: SFU Opens Trial Of Syndicate who Theft N.9Billion From FCMB

“The dollar equivalent was received in cash by the first defendant. The first defendant further stated that the money was used at IDP camps around the country. I cannot remember the specific location but he mentioned a place in Borno and Adamawa, the witness said.

However, during cross examination by the defence lawyer, A. Okenile, the EFCC operative said that Sterling Bank gave the commission the information that the second defendant profiled the account for the alleged fraud.

When asked what links the second defendant to the alleged fraud, Mohammed said, “the offence was committed at Sterling Bank and it was reported. The offence took place during a public holiday and the bank realized it on December 28. The accounts of the customer we are talking about has never been profiled for internet banking. So we had to understand how it was transferred, which was through internet banking.

“The bank said the account doesn’t have internet banking access and it was a staff that did it and the second defendant’s profile was used to connect the account to internet banking. Without that profiling money cannot be transferred from that account.

“Even when the bank tried to contact her, she ran away. She was nowhere to be found. Not until the Department of State Services (DSS) traced, arrested her and handed her over to the commission”.

The matter was further adjourned till October 19 for continuation of trial.

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Suru Homes Boss, Edward Akinlade in Alleged Messy N1.7Billion Deal

Suru Homes Boss, Edward Akinlade in alleged nessy N1.7Billion fraud over selling property he had used as collateral for a Fidelity bank loan.

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The Chief Executive Officer, CEO of Suru Homes Ltd, Edward Akinlade has been arraigned at an Ikeja Special Offences Court for allegedly selling property he had used as collateral for a Fidelity bank loan.

Akinlade and his company were arraigned on a 10-count charge of stealing and issuance of dud cheques proffered against them by the Economic and Financial Crimes Commission (EFCC).

The defendants plead not guilty to the charges.

According to the EFCC prosecutor, Mr Temitope Banjo, Akinlade committed the offences sometime in 2017 in Lagos.

“The defendant with an intent to defraud, converted the property situated at No. 11A Lawson Adeyemi St., Ikoyi, Lagos by selling it without the knowledge of the bank and diverting the proceeds of the sale.

“The property was part of a legal mortgage he had used as an part of a collateral to secure a loan of N1.7 Billion loan he had obtained from Fidelity Bank Plc,”the EFCC prosecutor said.

Banjo noted that on Sept. 8, 2017, the CEO issued nine separate dud Guarantee Trust Bank, GTB checks of N10million each to Fidelity Bank Plc.

You May Also Like: Alleged Bank Fraud: Court Adjourns For Final Written Addresses

“When the cheques were presented for payment, they were dishonoured on the grounds that no sufficient funds were standing in the credit of the account,” he said.

The offences violate Sections 1(1)(a)(b) and 2 of the Dishonoured Cheques Offences Act 2004 and Section 284 of the Criminal Law of Lagos State 2011.

After the arraignment, the defence counsel, Mr Lawal Pedro (SAN) told the court that he only became aware of the charges the EFCC had filed against Akinlade the previous day.

The SAN noted that in response, he had filed a bail application and had just served a copy of the application to the EFCC.

Responding, the EFCC prosecutor acknowledged receipt of the bail application and told the court that needed some time to respond to it.

“My lord, the charges have been filed since 2020 and it was impossible and very difficult to arrest the defendant until yesterday.

“The Bank Fraud Section of the EFCC on several occasions put calls across to the defendant to no avail.

Read Also: SFU Opens Trial Of Syndicate who Theft N.9Billion From FCMB

“He jumped administrative bail and he is being investigated by four sections of the EFCC,” Banjo said.

Justice Oluwatoyin Taiwo in a ruling granted Akinlade bail in the sum of N30million with two sureties in like sum.

“One surety shall be a legal practitioner and the second surety shall be a close relative of the defendant.

“The sureties shall swear to an affidavit of means and their home and office addresses shall be verified by the court,” she said.

The case was adjourned until Oct. 11 for trial.

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BDC Operator Yakub in Court Over Alleged N197m Fraud

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A Bureau De Change, BDC Operator, Yusuf Yakub has been dragged to court over allegations of misappropriation of funds and N197m Fraud

Yakub was arraigned by the Economic and Financial Crimes Commission, EFCC, before a Kano State High Court on a count charge.

The defendant was said to have allegedly obtained the sum of $870,000 only from the complainant under the pretext of changing same to Naira but returned only the sum of N220, 300,000 and diverted the balance of N197, 600,000.

Yakub however pleaded not guilty when the charge was read to him.

Upon his not guilty plea, the EFCC counsel, Musa Isah however asked the court for a trial date.

Also Read: N7m Fraud: Ponzi Scheme Operator, Umoren Edet Gets Conviction

In a counter reaction, Counsel to the defendant, Abdul Adamu informed the court that he had filed a motion challenging the jurisdiction of the court.

Subsequently, the presiding judge, Justice Sanusi Ma’aji, granted the defendant bail in the sum of Fifty Million Naira with two sureties in like sum.

According to the judge, one of the sureties must be a relative of the defendant and both must also be residents of Kano. Their business addresses must also be verified.

The matter was thereafter adjourned till August 18 for argument on the motion.

The Charge reads; “that Yakubu Yusuf on or about 14 of January 2021 within the jurisdiction of this Honorable Court, with intent to defraud, dishonestly and misappropriated the said sum belonging to Oliver Ogokumaka and Obumnemi Okoli and thereby committed an offense contrary to section 308 and punishable under section 309 of the Penal Code.”

 

 

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