IGIHE

Category: Justice

  • Nigerian Supreme Court judge charged with corruption

    {A Supreme Court judge in Nigeria has been charged in court in the capital Abuja with corruption and money-laundering.}

    Justice Sylvester Ngwuta, who was allegedly found with several passports, pleaded not guilty to 15 counts of fraud.

    He appeared along with seven other judges, who all denied the charges.

    The fight against corruption was a campaign pledge of Nigeria’s Muhammadu Buhari who came to power last year.

    Last month, Nigeria’s security agency said it had seized $800,000 (£645,200) in cash in raids targeting senior judges suspected of corruption.

    Justice Ngwuta and his co-defendants were arrested in those raids.

    The raids did not go down well with the Nigerian Bar Association (NBA) which accused the authorities of carrying out a “Gestapo-style” operation.

    The NBA successfully argued that the judges should be released on bail.

    The judicial regulatory body of Nigeria, the National Judicial Council (NJC), suspended the judges pending their trial.

    The Nigerian Bar Association (NBA) accused the authorities of carrying out a "Gestapo-style" operation.

  • Malawi man convicted over ‘ritual sex’ with 104 women

    {The HIV-positive man, known as a “hyena”, was paid to have sex with bereaved widows to exorcise evil spirits.}

    A Malawi court has convicted an HIV-positive man who had confessed to having sex with 104 girls
    and widows in traditional “sexual cleansing” rituals.

    Eric Aniva, 45, was found guilty on Friday on two counts after a one-day trial in a packed courtroom in the district of Nsanje.

    “It is clear … that the state has proved beyond reasonable doubt that the accused was engaging in harmful practices,” the magistrate, Innocent Nebi, said.

    “I find you guilty and convict you accordingly,” he said, adding that sentencing would be on November 22.

    READ MORE: Theresa Kachindamoto, the terminator of child marriages

    The verdict did not take into account the man’s HIV-positive status, because there was no evidence of any of the girls or women having caught the virus.

    Custom in some parts of southern Malawi dictates that a man, known as a “hyena”, is paid to have sex with bereaved widows to exorcise evil spirits and to prevent other deaths from happening.

    “I dared to reveal what I have been practising. But my arrest, prosecution and even imprisonment will not stop others from practising a custom which has been in existence for over 100 years,” Aniva said outside court.

    Such men are hired by families to have sex with recently widowed women in order to put to rest the spirit of the deceased, or with girls after their first menstruation to mark their passage into adulthood.

    It is not known how widespread such practices are in Malawi, where they are believed to take place especially in the south.

    Some people fear that if they are not performed, illness or other misfortunes can befall the family or community, locals said.

    The Aniva case sparked controversy in the southern African country, where women’s rights activists branded him as an abuser, while others saw him as a scapegoat for a cultural practice.

    State prosecutor Chiyembekezo Banda demanded a long prison sentence for Aniva, saying he was probably responsible for the spread of HIV.

    He faces a maximum of five years in jail.

    Malawi is one of the worst HIV-affected countries in the world, with 27,000 deaths from AIDS-related illnesses and nine percent of the adult population infected with HIV.

    Eric Aniva was prosecuted by a court of "engaging in harmful practices"

  • Kenya:Woman detained for spreading malicious messages against Family Bank

    {A woman is being questioned over allegations of spreading malicious messages against Family Bank on social media.}

    Ms Christine Njeri was arrested by Banking Fraud Investigations Unit detectives Friday and spent the night at Kileleshwa Police Station.

    The move comes two days after Family Bank assured its customers that its remains strong and open for business.

    In the statement, the bank urged its customers to ignore negative statements and malicious rumours on social media that tried to depict it negatively.

    “The source of the malicious statement is under investigation by the directorate of Criminal Investigations,” the statement read.

    Family Bank confirmed its strong financial position stating that it operates within requirements governed by the Central Bank of Kenya.

    Family Bank headquarters located at the junction Muindi Mbingu and Mokktar Daddah streets in Nairobi. A woman has been arrested for allegedly spreading malicious messages against the bank on social media.

  • Uganda:Court convicts politician for assaulting journalist

    {Masaka Grade One Magistrate, Ms Aisha Nabukeera convicted Mr Ssansa on offences of assault and malicious damage to Ms Nakaweooya’s property. He was asked to compensate her with Shs2.5m.}

    A lower court in Masaka District on Friday convicted former NRM parliamentary contestant for Bukoto Mid-West Constituency in Lwengo District Mr Eddy Luwaga Ssansa of assaulting Daily Monitor’s correspondent Shamim Jingo Nakawooya and maliciously damaging her phone while she was on duty.

    Masaka Grade One Magistrate, Ms Aisha Nabukeera convicted Mr Ssansa on offences of assault and malicious damage to Ms Nakaweooya’s property. He was asked to compensate her with Shs2.5m.
    The magistrate also cautioned Mr Ssansa against assaulting journalists and warned: “If you [Ssansa] ever do so [again], you will be imprisoned for 12 months without trial.”

    Prosecution led by Ms Maureen Tumusiime presented four witnesses, including the victim, Dr Charles Kasozi from Masaka Regional Referral Hospital who examined Ms Nakawooya and established that she was injured.

    Ms Nakawooya on October 28 last year, filed charges against Mr Ssansa after he assaulted her while she was carrying out an interview at the Masaka District Regional Criminal Investigation Directorate’s office.

    Mr Robert Ssempala, the Human Rights Network for Journalists national coordinator, said: “This has been a landmark judgment towards decreasing the rampant harassments against journalists in Uganda. We pray that this judgment becomes a warning to all people who think that journalists are stepping stones. We hope that all cases filed by journalists will be a success.

  • International Criminal Court aims to make Libya a priority for next year, says Prosecutor

    {9 November 2016 – The International Criminal Court (ICC) will make the situation in Libya a priority in 2017, its prosecutor said today, citing the widespread violence, lawlessness and impunity in the country and the tragic consequences of the conflict borne by civilians.}

    “My commitment to make Libya a priority situation in 2017 is compelled by a number of factors,” Fatou Bensouda, ICC Prosecutor, told a Security Council debate, noting that those factors include the widespread violence, lawlessness and impunity in the country, a desire to provide justice for victims of Rome Statute crimes, and alleviate the suffering of those civilians, and the opportunities for further investigation.

    The situation in Libya was referred to her Office by the 15-member Council. “The referral by definition carries great responsibility to seek justice for the countless civilians who have been victims of the widespread crimes in Libya since 15 February 2011,” she said.

    Regarding the case of Saif al-Islam Gaddafi, a former Libyan political figure and a son of late Libyan leader Muammar Gaddafi, she said that media reports suggested that Mr. Gaddafi had been released from detention in Zintan on the basis of a grant of amnesty.

    “I must report to you that reliable sources, including the Libyan Prosecutor-General’s office, have confirmed this information to be incorrect,” she said, adding that Mr. Gaddafi is still in Zintan and outside the custody and control of the Presidency Council of the Government of National Accord.

    She called on the Libyan authorities to ensure that they do everything possible to have Mr. Gaddafi transferred to the ICC without any further delay.

    As for the case of Abdullah Al-Senussi, former Libyan intelligence chief, her Office awaits the full report of the UN Support Mission in Libya (UNSMIL) on the conduct of the domestic trial, and will study it carefully when it is available, she said. At this stage, her Office remains of the view that no new facts have arisen which negate the basis on which the Pre-Trial Chamber found Mr A1-Senussi’s case inadmissible before the Court, she added.

    She said that the persistent instability and armed conflict prevents her Office from conducting investigations within Libyan territory, in relation to both existing and potential new cases.

    However, her Office intends to apply for new warrants of arrest under seal as soon as practicable and hopes to have new arrest warrants served in the near future, she said, noting that her Office’s ongoing efforts to arrest additional suspects have advanced significantly.

    “Timely execution of these new arrest warrants will be crucial, will require coordinated efforts by States, and may also require support from the Council,” she said, adding that she has decided to allocate additional resources from within her Office’s overall budget to the Libya situation.

    “Without this Council’s support, this allocation will necessarily come at the expense of investigations of other crimes in other situations,” she said.

    “I appeal to this Council to recognise the collective responsibility arising out of your referral and to support financial assistance by the United Nations for my Office’s Libya investigations in 2017. The Libyan people deserve no less,” she stressed.

    Prosecutor of the International Criminal Court (ICC) Fatou Bensouda briefs the Security Council. UN

  • Ruto denies claims of killings and disappearances

    {Deputy President William Ruto has denied claims of ever participating in extrajudicial killings, enforced disappearances and corrupt land deals.}

    While responding to allegations raised by photojournalist-cum-activist Boniface Mwangi in a defamation suit, the Deputy President wants him to be asked to produce evidence over the accusations.

    “The DP denies that he has a leadership role in the design and implementation of a policy of extrajudicial killings and enforced disappearances,” said his lawyer, Mr Kioko Kilukumi.

    In filed case documents, the Deputy President insists that the International Criminal Court did not find him guilty of having committed any offence. He further says the findings of the Pre-Trial Chamber were merely procedural as they were to determine whether he was to be tried.

    The DP also said he has been an “innocent purchaser for value” in the acquisition of immovable property as per the law. Since the activist had alleged that Mr Ruto had described him as alcohol-dependent, the DP said the words he used were taken out of context as he did not refer to him in that way.

    “A careful review of the words used by the Deputy President will confirm that he referred to a class or group of people who spend an extraordinary amount of time on the social media and drinking without engaging in any productive work capable of earning them an income or underwriting their living expenses,” said Mr Kilukumi.

    He argued that the quoted words were not offensive or defamatory and described Mr Mwangi as a “rabble-rouser camouflaged as a public-spirited individual”.

    On his famous self-proclaimed name ‘hustler’, he said it refers to a ‘sufferer’, also spelt as ‘safara’, an individual who struggles to make ends meet.

    He said he uses it to describe his background, and that all other meanings are the creations of political opponents and do not reflect his reputation.

    The DP also said Mr Mwangi’s published material about him was not a fair comment as claimed, and is, therefore, not justifiable.

    “The occupation of a State officer does not entitle Mr Mwangi to publish defamatory content against him. He has lived up to the standards prescribed by the Constitution and all other written laws, as well as being true to his oath of office,” said Mr Kilukumi.

    The legal tussle between the DP and the activist was ignited by a September 30 post on the social media by the latter that linked the former to the death of businessman Jacob Juma. The businessman was killed on May 5.

    The alleged offensive post on Twitter by Mr Mwangi attracted 556 retweets and 476 likes, eliciting different reactions and prompted the DP to demand an apology.

    Since Mr Mwangi denied his post was offensive, the DP moved to court seeking compensation over the alleged defamatory statement.

    Deputy President William Ruto at PCEA Zimmerman Parish in Nairobi on November 6, 2016.

  • South Africa drops charges against Finance Minister Gordhan

    {South Africa’s chief prosecutor has dropped fraud charges against Finance Minister Pravin Gordhan.}

    Mr Gordhan had described the allegations as without merit and politically motivated.
    News of the charges earlier this month rattled the financial markets and the South African rand fell more than 3%.

    The finance minister has been seen as standing up to President Jacob Zuma in cabinet and has warned against corruption becoming rampant.

    He was appointed for a second stint in the job late last year after the president’s preferred candidate lasted just a few days.

    The fraud charges related to alleged severance payments made to a senior executive at the South African Revenue Service (Sars), when it was under Mr Gordhan’s leadership 10 years ago.

    After reviewing the charges, the head of South Africa’s National Prosecuting Authority (NPA), Shaun Abrahams, said there had been no criminal intent.

    This is the latest in a series of blunders relating to the finance ministry that have cost South Africa’s economy millions of dollars.

    Many had alleged that the fraud case against Mr Gordhan was politically motivated and the NPA’s U-turn plays into those claims.

    It seems to have buckled under pressure following the public outcry against the decision to charge Mr Gordhan.

    Dozens of high-profile South Africans, including 100 stalwarts of the governing African National Congress had rallied behind the minister, seeing the charges as a political ploy aimed at ousting him from office so that the treasury could be looted by corrupt people.

    The debacle has raised questions about the independence of the NPA and whether it has been reduced to a political tool.

    At a news conference on Monday, Mr Abrahams rejected criticism that the original charges had been politically motivated.

    He said that everyone was treated equally before the law, and that laying charges and reviewing them was normal practice, IOL news website quotes him as saying.

    He added that he did not owe anyone an apology and dismissed calls for him to resign.

    The financial markets reacted positively to the news and there was a spike in the value of the currency when it broke.

    When President Zuma sacked Nhlanhla Nene as finance minister last December, replacing him with David van Rooyen, the widely-criticised move sent the rand to record lows and caused the stock market to tumble.

    Within a few days Mr Gordhan was appointed in Mr Van Rooyen’s place – a move designed to quell market discontent and restore some confidence.

    Many analysts believe that President Zuma would like to replace Mr Gordhan, who had previously served as South Africa’s finance minister from 2009 until 2014.

    The efforts of Pravin Gordhan (C) to rein in government spending have won him respect

  • Zimbabwe judge fines Chinese man for selling flags

    {A judge in Zimbabwe has fined a Chinese national for selling the national flag without authorisation, the state-run Herald newspaper reports.}

    The businessman, named by The Herald as 28-year-old Weidong Li, was fined $20 (£16) and in total 314 flags were seized.

    Last month Zimbabwean officials warned that anyone who “abused” the flag risked prosecution.

    Anti-government protesters have been using flags and the hashtag #ThisFlag.

    The protest movement, initiated by a pastor Evan Mawarire, called on Zimbabweans to re-own their flag and to force politicians to answer questions on their lack of accountability and corrupt ways without fear.

    On passing the sentence against Mr Weidong, presiding judge Tendai Mahwe said he was showing leniency, saying the accused had saved the court time by pleading guilty.

    “You bought the flags in China and you were selling them for profit,” Mr Mahwe was quoted by the Herald as saying.

    “The moral blameworthiness is low and I will take into consideration that you will lose your flags,” he added.

    The Chinese national was arrested after officials found the flags on display for sale at his shop in Harare, the capital.

    He becomes the first person to be found guilty of breaching the Flag of Zimbabwe Act, which bans any trade involving the national flag without official permission.

    The Chinese man was fined in the wake of the #ThisFlag movement which calls for change in Zimbabwe

  • Tanzania:Prosecution describes Ivory Queen as sole buyer of tusks

    {Alleged Queen of Ivory, Yang Feng Clan is the sole buyer of elephant tusks collected from different poachers in the county, the prosecution has claimed.}

    The claims against the 66- year old Chinese, charged with leading organised crime and unlawful dealing in 5.4bn/- government trophies, were made at the Kisutu Resident Magistrate’s Court in Dar es Salaam last Thursday, during the preliminary hearing of the economic sabotage case.

    The Chinese woman is charged alongside two Tanzanians, Salivius Matembo and Manase Philemon, both aged 39. During the session, Principal State Attorney Faraja Nchimbi, assisted by State Attorney Paul Kadushi, disclosed more facts before Principal Resident Magistrate Huruma Shaidi, showing how the accused committed the offences.

    The prosecution claimed that prior to April 20, 2014, Tanzanian police officers received intelligence tip on existence of a high profile crime syndicate, purchasing elephant tusks from middle class suppliers across the country and eventually exporting them to Asian countries. Upon receipt of the tip, on April 20, 2014, the police arrested one member of the syndicate, Manase Philemon who confessed participation to the criminal racket, colluding with other accused.

    “The second accused, Philemon, confessed further that together with the first accused, Salivius Matembo, had been collecting elephant tusks from poachers across the country, with the third accused, Yang Feng, being their sole buyer,” the prosecution disclosed.

    The police mounted investigations that culminated into the arrest of Matembo and the Chinese woman, who also confessed to have taken an active role in the alleged criminal racket, the prosecution charged.

    The trial attorneys said, according to investigations, between January 1, 2000 and May 22, 2015, in the city, Matembo and Philemon jointly furnished assistance and direction in the conduct of the business of collecting, transporting and selling government trophies.

    The alleged trophies involved over 706 pieces of elephant tusks. It is alleged that the accused conducted the business without any permit or license from the Director of Wildlife and intended to reap benefit and promote the criminal racket. Further investigations revealed that the Chinese woman, within the same period, managed and financed the criminal racket through collection, transportation or exportation and sale of the trophies, illegally.

    The prosecution said that during the matter hearing, which commences on November 4, they would call nine witnesses in attempt to prove the charges against the accused. On the other hand, the accused indicated to file seven witnesses, including themselves.

  • Tanzania:Chinese woman, two local traders arraigned over fishing gear

    {A Chinese woman, Fu Chang Feng (50), and two local businessmen, appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday charged with importation, possession and storage of prohibited fishing gears, all valued at over 22.9bn/-.}

    Before Resident Magistrate Godfrey Mwambapa, other accused persons were Jeremiah Kenenge (45), a businessman residing at Mchikichini area and Ally Raza (34), also a businessman, who lives at Mnazi Mmoja area.

    The accused persons were not allowed to enter plea to the charges because one of the count relating to importation of prohibited goods in Tanzania fall under the Economic and Organised Crime Control Act, which is triable by the High Court.

    Such offence, according to the law, could be heard by a lower court upon securing consent of the Director of Public Prosecutions (DPP) to confer such jurisdiction.

    The case was adjourned till today when the court will give a ruling on application for bail. The prosecution, led by Senior State Attorney Mutalemwa Kishenyi, assisted by Inspector of Police Jackson Chidunda, informed the court that investigations into the matter have not been completed.

    All accused persons are alleged to have committed the offence between October 4 and 5. It is alleged that on October 4 at Kurasini Shimo la Udongo area in Ilala and Temeke districts in the city, jointly and together, Feng and Kenenge imported into Tanzania from Shangai, China, a container with 499 bags of monofilament nets valued at 7,485,000,000/-. Such goods, according to the prosecution, were prohibited for importation and use in the country.

    The court further heard that on October 5 at Mafuriko Street in Ilala District, jointly and together, all the accused persons were found in possession and storing prohibited fishing gears.

    The prosecution told the court that such fishing gears were stored in 325 bags containing 187 pieces of monofilament nets, valued at 15,193,750,000/-, which are prohibited for storage and use in Tanzania.

    It is alleged further that on the same day and place in the city of Dar es Salaam, all the accused persons were found in unlawful possession and storing 50 bags containing 200 pieces of fishing gillnet with mesh less than three inches each, value d at 300m/- , which are prohibited fishing gears.

    After the charges were read, Advocate Lomani Lamwai, for Raza, requested the court to grant his client bail because he was not involved in the first count that fall under the Economic Crime and Control Act, which is triable by the High Court.

    However, the prosecution strongly opposed to the application, submitting that the whole case has been lodged as an economic case and that the law was very clear that any application under such circumstances could only be entertained by the High Court, which is vested with such jurisdiction.

    According to the prosecution, that is why all the accused persons have not been asked by the court to enter any plea to the counts read over and explained to them. Upon hearing the submissions from both parties, the magistrate said he would deliver the ruling on the matter today.