20-year-old lady who sued mother's doctor for allowing her to be born wins case in court, to get millions

 

A showjumping star who sued her mother's doctor for allowing her to be born has won the right to millions in damages in a landmark High Court ruling today, Dec. 1.

Evie Toombes, 20, was born with spina bifida and sometimes spends 24 hours-a-day connected up to tubes. Despite that, she has forged a career in showjumping, competing against both disabled and able-bodied riders.

She has also gone on to meet with Prince Harry and Meghan Markle.

 

Last month, in a "wrongful conception" damages claim, Evie, from Skegness, Lincolnshire, sued Dr Philip Mitchell over his failure to advise her mother Caroline Toombes, 50, to take vital supplements before getting pregnant.

She claimed that if the doctor had told her mother that she needed to take folic acid supplements to minimise the risk of spina bifida affecting her baby, she would have put off getting pregnant until she had done so, and as a result Evie would never have been born at all.

 

In a landmark ruling in London today, Dec. 1, Judge Rosalind Coe QC backed Evie's case and awarded her the right to a huge compensation payout.

Her lawyers earlier said the amount Evie is claiming has not yet been calculated, but confirmed that it would be "big" since it would cover the cost of her extensive care needs for life, Dailymail reports

The judge ruled that had Evie's mother had been "provided with the correct recommended advice, she would have delayed attempts to conceive."

She added: "In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child.

The ground-breaking ruling means that a healthcare professional can now be found liable for negligent pre-conception advice which results in the birth of a child with a serious health condition. 

‘I would rather die than join Real Madrid’ – Gerard Pique

Long serving Barcelona defender, Gerard Pique, has insisted that he would rather die than join Real Madrid

Pique has enjoyed success and won trophies at Barcelona with players such as seven-time Ballon d’Or winner, Lionel Messi, Xavi, Andres Iniesta, Luis Suarez and Neymar.

The former Manchester United star has won eight LaLiga, seven Copa del Rey trophies, three Champions League trophies as well as a Euros and World Cup with Spain

According to Pique, it is impossible for him to join Real Madrid.

He stated this ahead of Barcelona’s LaLiga clash with Real Betis on Saturday, December 4.

When asked what it would take to get him to sign for Real Madrid, Pique told Spanish television show El Homiguero, “It’s absolutely impossible.

“There’s nothing. I would rather die than go to Madrid,” he added with a smile.

Apapa Customs Command generates N89bn in November

The Nigeria Customs Service (NCS), Apapa Area Command, on Wednesday disclosed that the command had collected a record-breaking total of N89,097,888,609.00 as revenue for November.

The Customs Area Controller (CAC) of the command, Comptroller Malanta Yusuf, made this known in a statement signed by the Public Relations Officer, Deputy Superintendent of Customs, Abubakar Usman, in Lagos.

According to Yusuf, the amount generated is the highest monthly collection by any command of the Nigeria Customs Service (NCS).

“This feat is coming after the command generated N86 billion in the month of October following improved inter-agency synergies, enhanced trade facilitation, speedy dispute resolution and prevention of revenue loss,” he said.

Yusuf, who described the N89b collection as the beginning of improved outputs for the command, also said the tempo for rising revenue profile would be sustained.

He thanked the Comptroller General of Customs, Col. Hameed Ali (Rtd) for his support, the direction in the deployment of artificial intelligence tools and improved logistics which had cumulatively added to the command’s productivity level.

“This N89,097,888,609 collection is an improvement but we are aiming higher than this.

“Our first step is to improve on our stakeholder’s compliance level, which in my assessment is commendable.

“Second is to strengthen the inter-agency synergies between customs in Apapa and other agencies of government, this is also a huge success.

” We are gradually making Apapa Port a no go area for perpetrators of illegalities because all recent attempts at smuggling prohibited items through the port were uncovered,” he said.

Yusuf noted that while they are facilitating trade, collecting revenue and promoting ease of doing business, their attention would also be focused on issues of national security too.

He added that this would continually be evident in their mode of cargo examination and intelligence sharing with sister agencies

“By the time we commence the use of scanners and other tools of artificial intelligence, trade facilitation will be at a higher speed and as the flagship command, this will reflect very positively on our revenue” he said

Nnamdi Kanu absent as court hears his application to quash charge

The detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, was on Thursday, absent, as the Federal High Court sitting in Abuja, commenced hearing on an application he filed to quash the treasonable felony charge the Federal Government preferred against him.

Kanu, in the application he filed through his team of lawyers led by Mr Ifeanyi Ejiofor, is asking the court to acquit and discharge him of all counts in the charge.

He argued that the court lacks the requisite jurisdiction to try him on the basis of a charge he said was grossly incompetent.

The embattled IPOB leader contended that there was no proof of evidence attached to the amended charge against him.

According to him, “That no allegation was made in any of the counts of the amended charge that the alleged sundry acts of the Defendant/Applicant were physically carried out by him, within the geographical space or territorial boundaries of Nigeria.

“That the only element requisite to constitute and found liability for incitement is the actual words allegedly uttered by the Defendant/Applicant.

“That the alleged acts for which the Defendant was charged, do not constitute terrorism offences in London, United Kingdom, where they were allegedly committed,” Kanu added.

Though trial Justice Binta Nyako had on November 10, adjourned further proceedings in the case till January 19, 2022, she however brought the date forward, following an application by Kanu’s legal team.

Kanu’s defence team had in another application, urged the court to abridge the trial date.

The IPOB leader had earlier applied to be transferred from custody of the Department of State Services, DSS, to the Kuje Correctional Center.

Even though the request was refused, Justice Nyako, however, ordered the DSS to grant him access to three visitors of his choice, every Monday and Thursday of the week.

Speaking with journalist  shortly before the court commenced sitting on Thursday, a member of Kanu’s legal team, Mr Maxwell Opara, said the application to move him out of DSS custody would be revisited.

“For today, we are focusing on the application for abridgment of the trial date and for the charge to be quashed. However, if time permits, we will re-apply for his transfer to prison custody,” Opara added.

It will be recalled that FG had on October 21, re-arrainged Kanu on a seven-count amended charge.

FG, in the amended charge marked FHC/ABJ/CR/383/2015, alleged that Kanu had in furtherance of an act of terrorism, issued a deadly threat that anyone that flouted his sit-at-home order should write his or her will.

It alleged that as a result of Kanu’s directive, banks, schools, markets, shopping malls, fuel stations were not opened for businesses, with vehicular movements grounded in the South East region of the country.

It said the action amounted to an offence contrary to and punishable under 1(2) (b) of the Terrorism Prevention Amendment Act, 2013.

FG alleged that Kanu had “on or about the 28th April, 2015 in London, United Kingdom did in a broadcast on Radio Biafra monitored in Enugu, Enugu state and other parts of Nigeria within the jurisdiction of this honourable court, referred to Major General Muhammadu Buhari, GCON, President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria as a paedophile, a terrorist, an idiot and an embodiment of evil, knowing same to be false and you thereby committed an offence contrary to section 375 of the Criminal Code Act, Cap C. 38 Laws of the Federation of Nigeria, 2004”.

He was alleged to have committed treasonable felony, an offence punishable under Section 41(C) of the Criminal Code Act, CAP C38 Laws of the Federation of Nigeria

He was alleged to had between 2018 and 2021, through Radio Biafra, professed to be a member of IPOB, a proscribed organization in Nigeria, and thereby committed an offence punishable under section 16 of the Terrorism Prevention Amendment Act, 2013.

In count five of the charge, FG alleged that Kanu had on April 22, 2021, in London, the United Kingdom, on Radio Biafra monitored in Enugu and other parts of Nigeria, did an act of terrorism “in that you incite the other members (followers) of the Indigenous People of Biafra (IPOB), a proscribed organization in Nigeria, to look for security personnel, their family members through a Radio Biafra on 102.1FM monitored through the IPOB Community Radio, and you thereby committed an offence contrary to and punishable under section 1 (2) (h) of the Terrorism Prevention Amendment Act, 2013.

Attached in support of the amended charge dated October 14, included a seven-paragraphed affidavit of completion of investigation deposed to by one Loveme Odubo, a prosecutor in the Federal Ministry of Justice.

FG equally lined up five witnesses to testify in the matter, among whom are officials of the DSS and one Ronald S. who was identified as the manager of a Hotel in Lagos.

EFCC re- arrest Fani Kayode

 

A former Aviation Minister, Femi Fani-Kayode was on Tuesday re-invited by the Economic and Financial Crimes Commission,(EFCC) following investigations into alleged document falsification

Fani-Kayode alongside a former Minister of State for Finance, Nenandi Usman, is standing trial on alleged N4.6billion money laundering, before Justice Mohammed Aikawa.

Other defendants are Yusuf Danjuma, a former Chairman of the Association of Local Governments of Nigeria (ALGON), and a company, Jointrust Dimentions Nigeria Ltd.

They are facing a 17 count charge of money laundering preferred against them by the Anti-graft Agency.

They had each pleaded not guilty to the charges and were granted bails.

The trial had begun before Justice Aikawa and witnesses were still being led in evidence until Aikawa was transferred out of the Lagos division.

The charge was consequently, re-assigned to a new judge, Justice Daniel Osaigor, and the defendants were scheduled for re-arraignment on October, 27.

Meanwhile, at the last adjourned date, Fani Kayode was absent from court, and the defence counsel who appeared on his behalf, Mr Fred Ajudua informed the court that he was on admission at Kubwa General hospital in Abuja.

He had prayed for an adjournment on that grounds on behalf of the second defendant

But, the EFCC prosecutor, Mrs Bilikisu Buhari, informed the court that the same tactics had always been adopted by the defendant whenever he does not want to attend court.

After going through the court’s records, Justice Osiagor noted that it was clear that the defendant had issued a similar letter of excuse five times.

The court had consequently ordered the defendant to be present in court on the next date without fail.

The court also ordered him to pay a fine of N200,000 in addition.

When the matter came up yesterday, all the defendants were present.

Counsel to second, third, and fourth defendants, Morrison Quakers (SAN), and Clement Onwuenwunor, also announced their appearance.

The first defendant’s counsel Chief Ferdinard Orbih, was absent, following a letter to that effect.

The prosecutor, Mr Rotimi Oyedepo did not oppose the letter of the first defendant counsel.

Oyedepo however, informed the court that the prosecution was glad that the court had figured out from its record that the second defendant (Fani Kayode) had sought repeated excuses from the court.

He told the court that the prosecution had recently discovered that all letters sent by Fani-Kayode were fake.

At this point, the court stopped the prosecutor on the grounds that it was a matter the agency ought to thrash out before the court acted on the letters to grant an adjournment.

Osiagor said that having granted an adjournement on the letters, the court had become functus officio.

In response, Oyedepo told the court that the agency was currently working on the report and will do the needful

A drama however unfolded after the case was adjourned until January, 24.

While Fani-Kayode was still at the corridor of the court an EFCC investigator, Mr Shuaibu walked up to him alongside the prosecutor and after some tete-a-tete, the defendant entered his vehicle and followed the Efcc operatives to their office.

The operative who confirmed the arrest to journalists, said that at the time of filing this report, Fani-Kayode was in their custody on quiz over the false documents.

In the charge, the defendants were alleged to have committed the offences between January and March 2015.

In counts one to seven, they were alleged to have unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.

In counts eight to 14, the defendants were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.

Meanwhile, in counts 15 to17 Fani-Kayode and one Olubode Oke who is said to be at large, were alleged to have made cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.

Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No 125 Lewis St., Lagos, in excess of amounts allowed by law.juui

All offences were said to have contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money laundering (prohibition) (Amendment) Act, 2012.

Naira Marley’s trial stalled due to witness absence

The trial of musician, Azeez Fashola, popularly known as Naira Marley, before a Federal High Court sitting in Lagos on Tuesday, stalled due to the absence of an Economic and Financial Crimes Commission (EFCC) witness, Mr Augustine Anosike.

Justice Nicholas Oweibo, adjourned Marley’s alleged cybercrime, till February 16, 2022.

Anosike, a forensic analyst, is testifying as a second prosecution witness in the case.

Marley, who was arrested by the Commission, on May 14, 2019, has been standing trial on an 11-count charge bothering on the offence.

According to the EFCC, the defendant committed the offences on different dates between November 26, 2018, and December 11, 2018, as well as May 10, 2019.

The EFCC claimed that some of the credit cards discovered in Marley’s residence bore the fictitious names Nicole Louise Malyon and Timea Fedorne Tatar.


These, the agency alleged, were used in furtherance of internet scams.

Marley, who sang the hit songs ‘Soapy’ and ‘Am I a Yahoo Boy’, pleaded not guilty during his arraignment on May 20, 2019, and is out on bail.


The trial has since commenced in the case and Anosike, who concluded his examination in chief on October 27, was scheduled for cross-examination.

When the case came up yesterday, EFCC counsel Rotimi Oyedepo announced an appearance for the prosecution, while Mr Olalekan Ojo (SAN) appeared for the defendant.


Mr Oyedepo informed the court that his witness was unavoidably absent on what he termed “compassionate grounds”.

He added that the witness was in his village, and prayed the court for an adjournment till December 14.

But Mr Ojo lamented the delay, saying “It is rather unfortunate that the matter could not proceed today; the prosecution ought to have given sufficient notice of the witness’ absence.”

Ojo said that in the circumstances, there was nothing he could do. He urged the prosecution to ensure that adequate information reaches him sooner if a similar circumstance occurs.

The prosecutor however clarified that “I only got information as to the witness’ absence, at about 9.30 am while still in the parking lot of the court this morning,” adding that it was not in his character to waste the court’s time.

Following the parties’ agreement, the court adjourned till February 16 and February 17 for the continuation of trial.

The court vacated the previous date of December 14 on the ground that the date was no longer available for the court, following activities for the new legal year.