Insecurity: Abuja hotels to submit list of guests to security agencies daily
In his determination to ensure that lives and property are better secured in Abuja, the FCT Minister, Bala Mohammed has directed all hotels in the Federal Capital Territory to forward the list of their guests to the FCT Directorate of State Security Services (SSS) and the FCT Police Command on a daily basis.
Under the new arrangement, each hotel is equally required to install their individual security cameras within their vicinity and ensure thorough check of all vehicles entering the hotel and within their surroundings.
The Minister has also directed all residents and residents associations in various parts of the territory to embark on “operation know your neighbor” campaign.
This was contained in a statement issued by Nosike Oguenyi, special adviser to the Minister on Media.
He explained that the measure was to ensure that all criminally-minded elements are detected easily within the FCT. The security department of FCTA is to liaise with the various security agencies in the FCT on the modalities for implementing the ministerial directive.
The Minister directed all traditional rulers in the FCT to, as a matter of necessity, start conducting periodic meetings with various communities within their domains to take stock of strange faces living with them, as well as report all new comers within 48 hours to the local DPO and SSS office. This is in furtherance of “operation know your neighbor” campaign.
He enjoined all FCT residents to be vigilant and cautious of strange objects or movements of persons, vehicles around them, as well as stationary vehicles. They should report same to the nearest security agencies.
The Minister further directed that all trailers/lorry operators bringing goods to the city shall no longer be allowed to offload their contents at night. All offloading shall henceforth be done in the day time under supervision in designated places.
The directive requires owners of uncompleted and abandoned buildings and structures without security guards to provide same. Failure to do so, the FCT Administration would apply appropriate sanctions.
Similarly, owners of plots of land left fallow for a long period of time and not used for any economic or gainful purpose but taken over by criminals would now face appropriate sanctions.
The Minister reminded residents that the ban on smoking of Indian hemp and other narcotic substances is still in force in the territory adding that the Administration had resolved to clamp down on violators.
Monday, June 30, 2014
PRESS RELEASE: Troops Bust Terrorists' Intelligence Network, Arrest A Key Actor In Chibok Abduction
By Chris Olukolade
A terrorists’ intelligence cell headed by a businessman who participated actively in the abduction of School Girls in Chibok has been busted by troops. The man, Babuji Ya’ari who is also a member of the Youth Vigilante Group popularly known as Civilian JTF which he uses as cover while remaining an active terrorist, also spearheaded the murder of the Emir of Gwoza. His main role in the group is to spy and gather information for the terrorists group.
Babuji has been coordinating several deadly attacks in Maiduguri since 2011, including the daring attacks on Customs and military locations as well as the planting of IEDs in several locations in the town.
The arrest of the businessman who is known to deal in tricycles has also yielded some vital information and facilitated the arrest of other members of the terrorists’ intelligence cell who are women.
One of them, Hafsat Bako had earlier escaped to Gombe State to avoid suspicion but was tracked and arrested.
Prior to her arrest, Hafsat coordinated the payment of other operatives on the payroll of the group. In her confession, she disclosed that a minimum of N10,000 is paid to each operative depending on the enormity of his task.
Another female suspect named Haj Kaka who doubles as an armourer and a spy for the terrorists group has also been arrested. Until their arrest, all the suspects actively operated a terrorists’ intelligence cell in collaboration with others still at large.
In another development, troops deployed in Goniri, Yobe State, over the weekend, had an encounter with terrorists, resulting in casualties on both sides after the attack was successfully repelled.
CHRIS OLUKOLADE
Major General
Director Defence Information
By Chris Olukolade
A terrorists’ intelligence cell headed by a businessman who participated actively in the abduction of School Girls in Chibok has been busted by troops. The man, Babuji Ya’ari who is also a member of the Youth Vigilante Group popularly known as Civilian JTF which he uses as cover while remaining an active terrorist, also spearheaded the murder of the Emir of Gwoza. His main role in the group is to spy and gather information for the terrorists group.
Babuji has been coordinating several deadly attacks in Maiduguri since 2011, including the daring attacks on Customs and military locations as well as the planting of IEDs in several locations in the town.
The arrest of the businessman who is known to deal in tricycles has also yielded some vital information and facilitated the arrest of other members of the terrorists’ intelligence cell who are women.
One of them, Hafsat Bako had earlier escaped to Gombe State to avoid suspicion but was tracked and arrested.
Prior to her arrest, Hafsat coordinated the payment of other operatives on the payroll of the group. In her confession, she disclosed that a minimum of N10,000 is paid to each operative depending on the enormity of his task.
Another female suspect named Haj Kaka who doubles as an armourer and a spy for the terrorists group has also been arrested. Until their arrest, all the suspects actively operated a terrorists’ intelligence cell in collaboration with others still at large.
In another development, troops deployed in Goniri, Yobe State, over the weekend, had an encounter with terrorists, resulting in casualties on both sides after the attack was successfully repelled.
CHRIS OLUKOLADE
Major General
Director Defence Information
Alleged N4.7b money laundering: Babalakin, others wants court to quash charge
FRANCIS IWUCHUKWU
Chairman, Bi-Courtney Limited, Dr. Wale Babalakin (SAN) alongside his co-defendants, yesterday prayed Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, to throw out the charge made against them by the Economic and Financial Crimes Commission (EFCC).
The Bi-Courtney boss alongside Alex Okoh, Stabilini Vision Limited, Bi-Courtney Limited and Renix Nigeria Limited are currently facing a 27-count charge that touches on alleged fraudulent transfer of N4.7 billion on behalf of the convicted former governor of Delta State, James Ibori.
Specifically, the anti-graft agency alleged that Babalakin and others fraudulently assisted Ibori to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of a plane.
At Monday's sitting on thhe matter, the defendants through their lawyer, Dr. Biodun Layonu (SAN), Mr. Tayo Oyetibo (SAN) and Mr. O. Akinosun respectively suggested that the action was incompetent and urged the court to quash same.
Particularly, Layonu insisted that it was unconstitutional for two distinct prosecuting authorities to jointly prosecute an individual, adding that he had done a thorough research and had yet to stumble upon any legal instance where such had happened.
The senior also challenged the EFCC to furnish the court with such an instance if it knew of any, with a further position that the court should dismiss the case if the prosecution failed to do so. Layonu said, "Our submission is that it (joint-prosecution) is unknown to Law. There is no judicial authority to support it. If they fail to show that it has foundation in Law, then it is a nullity."
Layonu stated further that even if joint-prosecution was allowed, the Attorney-General of the Federation was not represented on the statement of charge.
On his part, counsel to the second defendant, Oyetibo (SAN) equally asked the to quash the charge against the defendants on similar grounds. The SAN insisted that the suit lacks legal backing because the charge did not contain the ingredents of the offences alleged.
According to Oyetibo, "The first duty of the Constitution is to ensure that every ingrident of the offence is contained in the charge as claimed. This is not a technical requirment but a requirement of high constitutional importance.
"All the counts did not disclose criminal conduct of what James Ibori did. Nothing in the proof of evidence that support the count against the defendants, 2nd defendant in particular. It is an abuse of the court to file a criminal charge against the defendants in a case where the proof of evidence does not support the alleged charge. Such a proceeding would be oppressive."
The matter has been adjourned till July 14 to entertain submissions of the other two defendants in the case.
FRANCIS IWUCHUKWU
Chairman, Bi-Courtney Limited, Dr. Wale Babalakin (SAN) alongside his co-defendants, yesterday prayed Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, to throw out the charge made against them by the Economic and Financial Crimes Commission (EFCC).
The Bi-Courtney boss alongside Alex Okoh, Stabilini Vision Limited, Bi-Courtney Limited and Renix Nigeria Limited are currently facing a 27-count charge that touches on alleged fraudulent transfer of N4.7 billion on behalf of the convicted former governor of Delta State, James Ibori.
Specifically, the anti-graft agency alleged that Babalakin and others fraudulently assisted Ibori to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of a plane.
At Monday's sitting on thhe matter, the defendants through their lawyer, Dr. Biodun Layonu (SAN), Mr. Tayo Oyetibo (SAN) and Mr. O. Akinosun respectively suggested that the action was incompetent and urged the court to quash same.
Particularly, Layonu insisted that it was unconstitutional for two distinct prosecuting authorities to jointly prosecute an individual, adding that he had done a thorough research and had yet to stumble upon any legal instance where such had happened.
The senior also challenged the EFCC to furnish the court with such an instance if it knew of any, with a further position that the court should dismiss the case if the prosecution failed to do so. Layonu said, "Our submission is that it (joint-prosecution) is unknown to Law. There is no judicial authority to support it. If they fail to show that it has foundation in Law, then it is a nullity."
Layonu stated further that even if joint-prosecution was allowed, the Attorney-General of the Federation was not represented on the statement of charge.
On his part, counsel to the second defendant, Oyetibo (SAN) equally asked the to quash the charge against the defendants on similar grounds. The SAN insisted that the suit lacks legal backing because the charge did not contain the ingredents of the offences alleged.
According to Oyetibo, "The first duty of the Constitution is to ensure that every ingrident of the offence is contained in the charge as claimed. This is not a technical requirment but a requirement of high constitutional importance.
"All the counts did not disclose criminal conduct of what James Ibori did. Nothing in the proof of evidence that support the count against the defendants, 2nd defendant in particular. It is an abuse of the court to file a criminal charge against the defendants in a case where the proof of evidence does not support the alleged charge. Such a proceeding would be oppressive."
The matter has been adjourned till July 14 to entertain submissions of the other two defendants in the case.
Alleged N4.7b money laundering: Babalakin, others wants court to quash charge
FRANCIS IWUCHUKWU
Chairman, Bi-Courtney Limited, Dr. Wale Babalakin (SAN) alongside his co-defendants, yesterday prayed Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, to throw out the charge made against them by the Economic and Financial Crimes Commission (EFCC).
The Bi-Courtney boss alongside Alex Okoh, Stabilini Vision Limited, Bi-Courtney Limited and Renix Nigeria Limited are currently facing a 27-count charge that touches on alleged fraudulent transfer of N4.7 billion on behalf of the convicted former governor of Delta State, James Ibori.
Specifically, the anti-graft agency alleged that Babalakin and others fraudulently assisted Ibori to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of a plane.
At Monday's sitting on thhe matter, the defendants through their lawyer, Dr. Biodun Layonu (SAN), Mr. Tayo Oyetibo (SAN) and Mr. O. Akinosun respectively suggested that the action was incompetent and urged the court to quash same.
Particularly, Layonu insisted that it was unconstitutional for two distinct prosecuting authorities to jointly prosecute an individual, adding that he had done a thorough research and had yet to stumble upon any legal instance where such had happened.
The senior also challenged the EFCC to furnish the court with such an instance if it knew of any, with a further position that the court should dismiss the case if the prosecution failed to do so. Layonu said, "Our submission is that it (joint-prosecution) is unknown to Law. There is no judicial authority to support it. If they fail to show that it has foundation in Law, then it is a nullity."
Layonu stated further that even if joint-prosecution was allowed, the Attorney-General of the Federation was not represented on the statement of charge.
On his part, counsel to the second defendant, Oyetibo (SAN) equally asked the to quash the charge against the defendants on similar grounds. The SAN insisted that the suit lacks legal backing because the charge did not contain the ingredents of the offences alleged.
According to Oyetibo, "The first duty of the Constitution is to ensure that every ingrident of the offence is contained in the charge as claimed. This is not a technical requirment but a requirement of high constitutional importance.
"All the counts did not disclose criminal conduct of what James Ibori did. Nothing in the proof of evidence that support the count against the defendants, 2nd defendant in particular. It is an abuse of the court to file a criminal charge against the defendants in a case where the proof of evidence does not support the alleged charge. Such a proceeding would be oppressive."
The matter has been adjourned till July 14 to entertain submissions of the other two defendants in the case.
FRANCIS IWUCHUKWU
Chairman, Bi-Courtney Limited, Dr. Wale Babalakin (SAN) alongside his co-defendants, yesterday prayed Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, to throw out the charge made against them by the Economic and Financial Crimes Commission (EFCC).
The Bi-Courtney boss alongside Alex Okoh, Stabilini Vision Limited, Bi-Courtney Limited and Renix Nigeria Limited are currently facing a 27-count charge that touches on alleged fraudulent transfer of N4.7 billion on behalf of the convicted former governor of Delta State, James Ibori.
Specifically, the anti-graft agency alleged that Babalakin and others fraudulently assisted Ibori to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of a plane.
At Monday's sitting on thhe matter, the defendants through their lawyer, Dr. Biodun Layonu (SAN), Mr. Tayo Oyetibo (SAN) and Mr. O. Akinosun respectively suggested that the action was incompetent and urged the court to quash same.
Particularly, Layonu insisted that it was unconstitutional for two distinct prosecuting authorities to jointly prosecute an individual, adding that he had done a thorough research and had yet to stumble upon any legal instance where such had happened.
The senior also challenged the EFCC to furnish the court with such an instance if it knew of any, with a further position that the court should dismiss the case if the prosecution failed to do so. Layonu said, "Our submission is that it (joint-prosecution) is unknown to Law. There is no judicial authority to support it. If they fail to show that it has foundation in Law, then it is a nullity."
Layonu stated further that even if joint-prosecution was allowed, the Attorney-General of the Federation was not represented on the statement of charge.
On his part, counsel to the second defendant, Oyetibo (SAN) equally asked the to quash the charge against the defendants on similar grounds. The SAN insisted that the suit lacks legal backing because the charge did not contain the ingredents of the offences alleged.
According to Oyetibo, "The first duty of the Constitution is to ensure that every ingrident of the offence is contained in the charge as claimed. This is not a technical requirment but a requirement of high constitutional importance.
"All the counts did not disclose criminal conduct of what James Ibori did. Nothing in the proof of evidence that support the count against the defendants, 2nd defendant in particular. It is an abuse of the court to file a criminal charge against the defendants in a case where the proof of evidence does not support the alleged charge. Such a proceeding would be oppressive."
The matter has been adjourned till July 14 to entertain submissions of the other two defendants in the case.
Funsho Williams: Court frees alleged killers
FRANCIS IWUCHUKWU
A Lagos High Court sitting in Igbosere, presided over by Justice Ebenezer Adebajo, today set free six persons alleged to have murdered Peoples Democratic Party's (PDP) governorship candidate in Lagos State, Engineer Funsho Williams.
Specifically, the court declared that the evidence adduced by the prosecution against, Bulama Kolo, Musa Maina, David Cassidy, Tunani Sonoma, Mustapha Kayode and Ikponmwose Imariabie,
to prove the two-count charge of conspiracy and murder against them was "weak and superficial."
It would be recalled that sometime on June 9, 2014, the freed men had argued that the prosecution had not established a prima-facie case against them to occasion them to defend themselves. Particularly, in a no case submission filed by the defendants through their lawyer, Okezie Agbara, the defendants informed the court that the murder case initiated against them by the state government must collapse because it was built on unfounded suspicion.
In taking a look at the evidence adduced by the state during trial, they submitted that it only shows at the best that it was circumstantial. They further argued that for a court of competent record to base conviction on circumstantial evidence, it must be of a compelling and irresistible nature to show that the accused persons and no one else were responsible for the crime. According to them, "There has been no legally admissible evidence against the defendants."
The defendants therefore prayed the court to insist that the prosecution failed to link any of them
with murder of the late Williams.
In relying on Section 243 of the Administration of Criminal Justice Law of Lagos State, the defence lawyer posited that the judge should dismiss the charge and set the defendants free.
However in its opposition, the Lagos State government led by its lawyer and a Director of Public Prosecutions, Mrs. Idowu Alakija, insisted that it had made out a prima facie case enough to warrant the defendants to enter a defence.
In his ruling, Justice Adebajo upheld the defence's argument, declaring that the prosecution failed to establish a prima-facie case of conspiracy to commit murder and muder against the defendants.
While the prosecution alleged that the fourth to sixth defendants, policemen deployed to provide security for Williams, made calls with their co-defendants with the deceased's mobile phone, Adebajo said, the state however failed to produce the call logs of the communication in court.
While describing the evidence in proof of the charge of conspiracy to murder as circumstantial, the court held that it could not convict the defendants on a case that was "weak and superficial."
On the count of murder, the trial court praised the state government for showing that Williams was actually killed.
Justice Adebajo said: "I am satisfied that the deceased died, but there was nothing to show those responsible for his death. In the final analysis, the evidence is manifestly unreliable for the court to call upon the defendants to defend themselves."
The defendants were first arraigned on March 1, 2013 before Justice Adebajo on a two-count charge of conspiracy and murder of the PDP chieftain at his 34A, Corporation Drive, Dolphin Estate, Ikoyi home on July 27, 2006.
According to the prosecution, the alleged offences are punishable under Sections 316 and 324 of the Criminal Code, Laws of Lagos State, 2003 with a mandatory death sentence.
FRANCIS IWUCHUKWU
A Lagos High Court sitting in Igbosere, presided over by Justice Ebenezer Adebajo, today set free six persons alleged to have murdered Peoples Democratic Party's (PDP) governorship candidate in Lagos State, Engineer Funsho Williams.
Specifically, the court declared that the evidence adduced by the prosecution against, Bulama Kolo, Musa Maina, David Cassidy, Tunani Sonoma, Mustapha Kayode and Ikponmwose Imariabie,
to prove the two-count charge of conspiracy and murder against them was "weak and superficial."
It would be recalled that sometime on June 9, 2014, the freed men had argued that the prosecution had not established a prima-facie case against them to occasion them to defend themselves. Particularly, in a no case submission filed by the defendants through their lawyer, Okezie Agbara, the defendants informed the court that the murder case initiated against them by the state government must collapse because it was built on unfounded suspicion.
In taking a look at the evidence adduced by the state during trial, they submitted that it only shows at the best that it was circumstantial. They further argued that for a court of competent record to base conviction on circumstantial evidence, it must be of a compelling and irresistible nature to show that the accused persons and no one else were responsible for the crime. According to them, "There has been no legally admissible evidence against the defendants."
The defendants therefore prayed the court to insist that the prosecution failed to link any of them
with murder of the late Williams.
In relying on Section 243 of the Administration of Criminal Justice Law of Lagos State, the defence lawyer posited that the judge should dismiss the charge and set the defendants free.
However in its opposition, the Lagos State government led by its lawyer and a Director of Public Prosecutions, Mrs. Idowu Alakija, insisted that it had made out a prima facie case enough to warrant the defendants to enter a defence.
In his ruling, Justice Adebajo upheld the defence's argument, declaring that the prosecution failed to establish a prima-facie case of conspiracy to commit murder and muder against the defendants.
While the prosecution alleged that the fourth to sixth defendants, policemen deployed to provide security for Williams, made calls with their co-defendants with the deceased's mobile phone, Adebajo said, the state however failed to produce the call logs of the communication in court.
While describing the evidence in proof of the charge of conspiracy to murder as circumstantial, the court held that it could not convict the defendants on a case that was "weak and superficial."
On the count of murder, the trial court praised the state government for showing that Williams was actually killed.
Justice Adebajo said: "I am satisfied that the deceased died, but there was nothing to show those responsible for his death. In the final analysis, the evidence is manifestly unreliable for the court to call upon the defendants to defend themselves."
The defendants were first arraigned on March 1, 2013 before Justice Adebajo on a two-count charge of conspiracy and murder of the PDP chieftain at his 34A, Corporation Drive, Dolphin Estate, Ikoyi home on July 27, 2006.
According to the prosecution, the alleged offences are punishable under Sections 316 and 324 of the Criminal Code, Laws of Lagos State, 2003 with a mandatory death sentence.
Cynthia: Judge admits video of confessional statement as evidence
FRANCIS IWUCHUKWU
A Lagos High Court sitting in Igbosere, presided over by Justice
Olabisi Akinlade today admitted as evidence, a video containing confessional statements of the alleged killers of Facebook girl, Cynthia Osokogu.
It is recalled that the accused persons: Okwumo Nwabufo 34; Olisaeloka Ezike, 24; Orji Osita, 33; and Ezike Nonso, 25, were dragged before the court for alleged conspiracy and murder by the Lagos State Government.
At the last hearing on the matter, a film editor and cinematographer, Mr Emmanuel Peters who was led in evidence by the Lagos State Attorney General (AG) and Justice Commissioner, Ade Ipaye informed the court of how he made the video recording and certification.
The witness explained that he connected his Sony digital camera to a Panasonic DVD player with a DELL laptop computer which he used in producing the DVD containing the video after which he destroyed the copy on his camera.
He consequently identified the DVD and the certification document which was tendered as evidence by Mr Ade Ipaye.
But in a stiff opposition, counsel to the second defendant, Mr Michael Ajayi, insisted that the document does not fulfil the provisions of Section 104 of the Evidence Act.
The lawyer also posited that the certification was done after the trial had commenced and that there was nothing to show that legal fees had been paid to obtain the document citing a case of Tapik United Vs GTB Plc.
In his response, Ipaye quoted Section 141 of the Evidence Act that the proof of payment is required where "there are legal fees prescribed in that respect."
The AG added that, "The
DVD was produced at the instruction of the police in the course of investigation, the whole purpose is to put it in evidence in a prosecution initiated by the state as between the police and the prosecution authority.
"What the supreme court said, on the case sited by the defense counsel was that the learned trial judge ought to have ordered counsels to ensure that the said documents are paid for after which the trial continues."
Ipaye urged the court to
admit the DVD accompanied with the certification as evidence as they are very relevant.
The court in its ruling then declared that the video recording is relevant to the trial and admitted it alongside a certification document as exhibit P16a and P16b respectively.
The matter has been adjourned till September 19, October 3 and 10 for continuation of trial.
FRANCIS IWUCHUKWU
A Lagos High Court sitting in Igbosere, presided over by Justice
Olabisi Akinlade today admitted as evidence, a video containing confessional statements of the alleged killers of Facebook girl, Cynthia Osokogu.
It is recalled that the accused persons: Okwumo Nwabufo 34; Olisaeloka Ezike, 24; Orji Osita, 33; and Ezike Nonso, 25, were dragged before the court for alleged conspiracy and murder by the Lagos State Government.
At the last hearing on the matter, a film editor and cinematographer, Mr Emmanuel Peters who was led in evidence by the Lagos State Attorney General (AG) and Justice Commissioner, Ade Ipaye informed the court of how he made the video recording and certification.
The witness explained that he connected his Sony digital camera to a Panasonic DVD player with a DELL laptop computer which he used in producing the DVD containing the video after which he destroyed the copy on his camera.
He consequently identified the DVD and the certification document which was tendered as evidence by Mr Ade Ipaye.
But in a stiff opposition, counsel to the second defendant, Mr Michael Ajayi, insisted that the document does not fulfil the provisions of Section 104 of the Evidence Act.
The lawyer also posited that the certification was done after the trial had commenced and that there was nothing to show that legal fees had been paid to obtain the document citing a case of Tapik United Vs GTB Plc.
In his response, Ipaye quoted Section 141 of the Evidence Act that the proof of payment is required where "there are legal fees prescribed in that respect."
The AG added that, "The
DVD was produced at the instruction of the police in the course of investigation, the whole purpose is to put it in evidence in a prosecution initiated by the state as between the police and the prosecution authority.
"What the supreme court said, on the case sited by the defense counsel was that the learned trial judge ought to have ordered counsels to ensure that the said documents are paid for after which the trial continues."
Ipaye urged the court to
admit the DVD accompanied with the certification as evidence as they are very relevant.
The court in its ruling then declared that the video recording is relevant to the trial and admitted it alongside a certification document as exhibit P16a and P16b respectively.
The matter has been adjourned till September 19, October 3 and 10 for continuation of trial.
Alleged $8.4m Fraud: Lawyer's absence stalls re-arraignment of Ajudua
FRANCIS IWUCHUKWU
The much expected re-arraignment of Lagos based socialite and businessman, Mr Fred Ajudua before Justice Oluwatoyin Ipaye of a Lagos High Court sitting in Ikeja, could not go on as slated yesterday consequent upon the absence of his lawyer, Mr Olalekan Ojo.
It would be recalled that Ajudua is facing charges initiated against him by the Economic and Financial Crimes Commission (EFCC) over alleged collection of $8.4 million said to be owned by the former Chief of Army Staff, Leutenant General Ishaya Bamaiyi while the duo were being held at the Kirikiri Prison in Lagos between November 2004 and June 2005.
According to the anti-graft agency, Ajudua alongside others now at large allegedly defrauded the former army chief through what it termed
false claims that the said sum represented the professional fees charged by Chief Afe Babalola (SAN) to handle Bamaiyi’s case and to facilitate his release from prison.
The defendant who had initially pleaded not guilty to the charge earlier in an application insisted that Bamaiyi be put on trial for admitting that he offered bribe. But the court dismissed the application.
At Monday's sittting on the matter, Ajudua informed the court that he had issues with his lawyer which according to him is yet to be resolved. However, inspite of the defendant's position, the anti-graft agency intimated the court that the earlier charge made against Ajudua has been amended.
Despite the development, EFCC counsel informed the court that the initial charged against Ajudua has been amended. But the charge was not read on the reason that the defendant was not represented by any lawyer.
Justice Ipaye adjourned the matter till July 4 for re-arraignment on the amended charge.
FRANCIS IWUCHUKWU
The much expected re-arraignment of Lagos based socialite and businessman, Mr Fred Ajudua before Justice Oluwatoyin Ipaye of a Lagos High Court sitting in Ikeja, could not go on as slated yesterday consequent upon the absence of his lawyer, Mr Olalekan Ojo.
It would be recalled that Ajudua is facing charges initiated against him by the Economic and Financial Crimes Commission (EFCC) over alleged collection of $8.4 million said to be owned by the former Chief of Army Staff, Leutenant General Ishaya Bamaiyi while the duo were being held at the Kirikiri Prison in Lagos between November 2004 and June 2005.
According to the anti-graft agency, Ajudua alongside others now at large allegedly defrauded the former army chief through what it termed
false claims that the said sum represented the professional fees charged by Chief Afe Babalola (SAN) to handle Bamaiyi’s case and to facilitate his release from prison.
The defendant who had initially pleaded not guilty to the charge earlier in an application insisted that Bamaiyi be put on trial for admitting that he offered bribe. But the court dismissed the application.
At Monday's sittting on the matter, Ajudua informed the court that he had issues with his lawyer which according to him is yet to be resolved. However, inspite of the defendant's position, the anti-graft agency intimated the court that the earlier charge made against Ajudua has been amended.
Despite the development, EFCC counsel informed the court that the initial charged against Ajudua has been amended. But the charge was not read on the reason that the defendant was not represented by any lawyer.
Justice Ipaye adjourned the matter till July 4 for re-arraignment on the amended charge.
Boko Haram Sets Five Churches Ablaze, Many Worshippers Slain In Borno
It was another bloody Sunday in Borno State as Boko Haram gunmen made good their threat to visit the Chibok area again with terror as the gunmen set five churches in Kwada village on fire, killing many worshippers in the attack.
Kwada village lies some 10 kilometres from Chibok where over 200 schoolgirls were abducted by the insurgents on April 14.
Local sources listed the churches set ablaze by the gunmen to include the big three churches in the village namely COCIN, EYN and Deeper Life Bible Church where the casualty figure was yet to be ascertained when filing this report.
“They (the insurgents) killed and burnt down houses after they had attacked worshippers in five churches in Kwada, and advanced to Kautikari less than eight kilometres to Chibok town, killing and burning down houses and properties.
“As at now we do not know about the efforts of the security agents, whether they are on ground or not but all our people, those who can flee, have run into the bush and are being pursued by the murderers,” a resident of the village who identified himself as Mallam Yahi said in Maiduguri on Sunday.
According to the local source, residents of Chibok were also forced to flee their home following the news of the attacks in Kwada and Kautikari, expressing fears that the insurgents may storm Chibok again.
“Our people have fled into the bushes and we can only appeal that security men are immediately drafted to the town and environs,” a senior Local Government official said, craving anonymity.
He disclosed that on receipt of a threat letter from Boko Haram few weeks ago, the people had requested maximum protection from the police, a request that was turned down by the police who complained of logistics problem.
None of the officials of the security agencies could be reached for confirmation of the attack when filing this report as they are believed to be involved in the counter-terrorism operations against the insurgents.
It was another bloody Sunday in Borno State as Boko Haram gunmen made good their threat to visit the Chibok area again with terror as the gunmen set five churches in Kwada village on fire, killing many worshippers in the attack.
Kwada village lies some 10 kilometres from Chibok where over 200 schoolgirls were abducted by the insurgents on April 14.
Local sources listed the churches set ablaze by the gunmen to include the big three churches in the village namely COCIN, EYN and Deeper Life Bible Church where the casualty figure was yet to be ascertained when filing this report.
“They (the insurgents) killed and burnt down houses after they had attacked worshippers in five churches in Kwada, and advanced to Kautikari less than eight kilometres to Chibok town, killing and burning down houses and properties.
“As at now we do not know about the efforts of the security agents, whether they are on ground or not but all our people, those who can flee, have run into the bush and are being pursued by the murderers,” a resident of the village who identified himself as Mallam Yahi said in Maiduguri on Sunday.
According to the local source, residents of Chibok were also forced to flee their home following the news of the attacks in Kwada and Kautikari, expressing fears that the insurgents may storm Chibok again.
“Our people have fled into the bushes and we can only appeal that security men are immediately drafted to the town and environs,” a senior Local Government official said, craving anonymity.
He disclosed that on receipt of a threat letter from Boko Haram few weeks ago, the people had requested maximum protection from the police, a request that was turned down by the police who complained of logistics problem.
None of the officials of the security agencies could be reached for confirmation of the attack when filing this report as they are believed to be involved in the counter-terrorism operations against the insurgents.
Sunday, June 29, 2014
Boko Haram attacks several villages near Chibok
June 29, 2014 by BBC
A number of villages in Borno State have been attacked by suspected Boko Haram militants.
One account, from Reuters news agency, said suspected Islamists killed at least 10 people in one attack.
The reports spoke of churches being attacked with bombs and guns.
The incidents are said to have taken place near Chibok, the Borno state town where some 200 schoolgirls were abducted in April.
A state of emergency is in force in northern Nigeria because of an increasingly violent campaign by Boko Haram.
In one of the incidents, the militants apparently opened fire during an early morning church service in a village called Kwadakau, killing several people.
Local residents appealed for help.
EKITI ELECTION AND THE BAND WAGON EFFECT
(Lessons from a seasoned politician since 1983)
By Chief Udo Udeogaranya
I write this article from my personal point of view without affixing it to any political, social or governmental platforms. However, when one is known as a Zikist, you could see a similitude where he happens to be former party chairman or an aspirant for political positions.
EKITI
Jaws are dropping, people are shocked and some are questioning what happened? Some still don't believe that All Progressive Congress - APC can loose election in the South-West, particularly in a state where they maintain dominance in all political positions. My question to these people is this - 'You are still crying over the rain that beat APC in Ondo, and now Ekiti, the rain that is gathering over the skies of Osun State, who is it going to beat on August 9. The same APC of course, and the reason being that the party are yet to discover where this rain started beating them.
Lagos and Imo States as the final Bus-Stop for APC.
There is no argument that APC will put up a strong fight to retain Lagos State in about seven months time, but the band wagon effect tide maybe too strong by then for APC to stop an impending defeat. Please observe with me that all gubernatorial elections held in Southern Nigeria in recent time that went to opposition political parties, are states that their governors are in the good books of Peoples Democratic Party (PDP), or PDP friendly governors such as, Gov. Adams Oshiomohle - Edo, Dr. Segun Mimiko - Ondo and Mr. Peter Obi - of Anambra States respectively.
Governor Fashola is an outgoing governor and a very good man, on an average, he is highly respected, highly admired by all, on a personal note I consider him my very good friend, but his second term performance remains the only bearing for his party APC to campaign with.
And if you conduct a poll among average voters in Lagos State without party or tribal affiliation on Governor Fashola's second term performance, 60 percent or more will score it a mere pass or near failure out of respect. In an active election, 60 percent or more is landslide, yet you need just one vote above other competitors to win an election.
Depending on how the political actors in Lagos State plays their roles, Lagos as it stands now, is up for grabs and any body's game. However the state is tilting towards change and favours Peoples Democratic Party (PDP) in consideration that their would be presidential candidate (Goodluck Jonathan) is expected to sweep Southern States with Lagos State inclusive on sectional and religious considerations mainly, while APC is expected to single handily pick their guber candidate (an act that Lagosians recently abhors), APC do not have an incumbent governor running for the seat of which his performance may speak for him, wont have a Southerner running for presidency, in a nation where Southerners generally do not fancy Northern presidential projects, since Northerners have held power for nearly 40 years without much to show for it.
The Lagos State scenario is quite different from that of Imo State, but the election that produced Governor Rochas Okorocha was a close shave, though the governor maybe acting as if it was a walk-over, he is facing an imminent failure at the 2015 poll from all ramifications, except he dumps APC for APGA or PDP.
Governor Rochas is from a populous zone, Orlu senatorial zone, but because Ndigbo generally have rejected and dejected APC, political fortunes of Dr. Chris Ngige in the last Anambra guber race will be his portion.
If APC loses Lagos and Imo States, the party is likely to wound up as a national party, while band wagon effect experienced in Ekiti will continue to hunt APC.
Nigeria and challenges of maintaining one indissoluble and indivisible nation in the face of politically motivated violence.
If you still do not believe that bombings and acts of terror in Nigeria is politically motivated, then you you need to tell us why they are increasing the number of their bombings in Nigeria as the election dates are closing in.
However, these bombings are not enough to provoke major crisis in a nation that have tested war before and magnanimously rejected it.
The collapse of the nation is not feasible in 2015 despite western reports, but violence will decrease when President Jonathan wins reelection.
It may help, if the international communities, President Barack Obama, Nigeria media organisations to stop giving these terrors and acts of terrors media attention and starts playing down or ignoring these acts of terror on front pages of news papers or on major national or international televisions and other media outlets.
(Lessons from a seasoned politician since 1983)
By Chief Udo Udeogaranya
I write this article from my personal point of view without affixing it to any political, social or governmental platforms. However, when one is known as a Zikist, you could see a similitude where he happens to be former party chairman or an aspirant for political positions.
EKITI
Jaws are dropping, people are shocked and some are questioning what happened? Some still don't believe that All Progressive Congress - APC can loose election in the South-West, particularly in a state where they maintain dominance in all political positions. My question to these people is this - 'You are still crying over the rain that beat APC in Ondo, and now Ekiti, the rain that is gathering over the skies of Osun State, who is it going to beat on August 9. The same APC of course, and the reason being that the party are yet to discover where this rain started beating them.
Lagos and Imo States as the final Bus-Stop for APC.
There is no argument that APC will put up a strong fight to retain Lagos State in about seven months time, but the band wagon effect tide maybe too strong by then for APC to stop an impending defeat. Please observe with me that all gubernatorial elections held in Southern Nigeria in recent time that went to opposition political parties, are states that their governors are in the good books of Peoples Democratic Party (PDP), or PDP friendly governors such as, Gov. Adams Oshiomohle - Edo, Dr. Segun Mimiko - Ondo and Mr. Peter Obi - of Anambra States respectively.
Governor Fashola is an outgoing governor and a very good man, on an average, he is highly respected, highly admired by all, on a personal note I consider him my very good friend, but his second term performance remains the only bearing for his party APC to campaign with.
And if you conduct a poll among average voters in Lagos State without party or tribal affiliation on Governor Fashola's second term performance, 60 percent or more will score it a mere pass or near failure out of respect. In an active election, 60 percent or more is landslide, yet you need just one vote above other competitors to win an election.
Depending on how the political actors in Lagos State plays their roles, Lagos as it stands now, is up for grabs and any body's game. However the state is tilting towards change and favours Peoples Democratic Party (PDP) in consideration that their would be presidential candidate (Goodluck Jonathan) is expected to sweep Southern States with Lagos State inclusive on sectional and religious considerations mainly, while APC is expected to single handily pick their guber candidate (an act that Lagosians recently abhors), APC do not have an incumbent governor running for the seat of which his performance may speak for him, wont have a Southerner running for presidency, in a nation where Southerners generally do not fancy Northern presidential projects, since Northerners have held power for nearly 40 years without much to show for it.
The Lagos State scenario is quite different from that of Imo State, but the election that produced Governor Rochas Okorocha was a close shave, though the governor maybe acting as if it was a walk-over, he is facing an imminent failure at the 2015 poll from all ramifications, except he dumps APC for APGA or PDP.
Governor Rochas is from a populous zone, Orlu senatorial zone, but because Ndigbo generally have rejected and dejected APC, political fortunes of Dr. Chris Ngige in the last Anambra guber race will be his portion.
If APC loses Lagos and Imo States, the party is likely to wound up as a national party, while band wagon effect experienced in Ekiti will continue to hunt APC.
Nigeria and challenges of maintaining one indissoluble and indivisible nation in the face of politically motivated violence.
If you still do not believe that bombings and acts of terror in Nigeria is politically motivated, then you you need to tell us why they are increasing the number of their bombings in Nigeria as the election dates are closing in.
However, these bombings are not enough to provoke major crisis in a nation that have tested war before and magnanimously rejected it.
The collapse of the nation is not feasible in 2015 despite western reports, but violence will decrease when President Jonathan wins reelection.
It may help, if the international communities, President Barack Obama, Nigeria media organisations to stop giving these terrors and acts of terrors media attention and starts playing down or ignoring these acts of terror on front pages of news papers or on major national or international televisions and other media outlets.
Boko Haram: SERAP wants FG to create education bank
FRANCIS IWUCHUKWU
A Lagos based human rights organisation, Socio-Economic Rights and Accountability Projects (SERAP), has called on President Goodluck Jonathan to establish the Nigerian Education Bank that would enhance access of millions of disadvantaged children to education.
The group in a statement signed by its Executive Director, Adetokunbo Mumuni also accused the Federal Government (FG) of allegedly letting down millions of poor Nigerians when it failed to implement the courts’ judgments on the right to education which had earlier directed the FG to establish the Nigerian Education Bank that would enhance access of millions of disadvantaged children to education.
SERAP added that, "Nigeria has the resources and capacity to establish the bank if the government is able to exercise the required political will. If President Jonathan seriously wants to end the phenomenon of Boko Haram, he should move swiftly to establish the Nigerian Education Bank.
"We believe that it is the lack of real tools for poor children to fight the cycle that plagues their families and villages, make them more susceptible to manipulation and victimisation by political leaders who seek public positions at all costs for personal enrichment.
"The judgment just delivered by the Honourable Justice M.B. Idris of the Federal High Court, Lagos ordering President Goodluck Jonathan to establish a Nigerian Education Bank is an important development in the efforts to achieve access to quality education for all Nigerian children.
"But we fear that the government will ignore this judgment just as it did regarding the ECOWAS Court right to education judgment."
The group had in the suit designated FHC/L/CS/1122/11 with the date November 22, 2011, stated that, "The duty to establish the bank is mandatory and President Goodluck Jonathan cannot elect not to establish it. The failure by the President to do this is nothing but an act of arbitrariness.
"It is apostasy for the government to ignore the provision of the law. Everyone, high or low must be prepared to justify his act by reference to some law which authorises him to act precisely in the way in which he has acted.
"Without access to quality education, our children cannot have the chance to end the cycle of poverty, disease, abuse, manipulation, victimisation, and violence. But education is more than an escape; it is a legally enforceable fundamental human right.
"SERAP agrees with the court when it said that ‘the establishment of the bank will go a long way in alleviating the suffering of poor Nigerians who cannot afford the services of our conventional banking system’. Now, millions of Nigerian children are waiting to see if President Jonathan will swiftly implement this judgment and show them that he is truly committed to alleviate their suffering."
Accordiing to the judgement delivered by Justice Idris, "The failure to establish the Nigerian Education Bank amounts to a gross violation of existing laws in Nigeria. The refusal by President Goodluck Jonathan to reply to the Plaintiff’s letter is a violation of the Oath of Office contained in Seventh Schedule of the 1999 Constitution."
The organisation stated further that, "As the court correctly stated, there is a responsibility for the government to act on the law establishing the bank, on fundamental objectives and directive principles provisions of the 1999 Constitution and on Article 17 of the African Charter on Human and Peoples’ Rights guaranteeing the right to education.
"The court said the failure to uphold these provisions should attract accountability. SERAP will therefore seek contempt proceedings against the government of President Goodluck Jonathan if it continues to ignore this important judgment."
Justice Idris stated further that, "The purpose of the bank’s Act is to enhance the educational development of Nigeria. There is no doubt that the Nigerian Education Bank Act was made against the backdrop of the need for all Nigerians to be educated.
"This reflects the right to education guaranteed and protected by Article 17 of the African Charter on Human and Peoples’ Rights which is enforceable in our courts. The Act is also an offshoot of the educational objectives of the government contained in Section 18 of the Constitution.
"By the Nigerian Education Bank Act, therefore, the government is expected to direct its policy towards ensuring that there are equal and adequate educational opportunities at all level. The government is also expected to eradicate illiteracy.
"The non-justiciability of the fundamental objectives and directive principles in Chapter 2 of the 1999 Constitution, which reflect economic and social rights, is a barrier to the expansion of human rights."
FRANCIS IWUCHUKWU
A Lagos based human rights organisation, Socio-Economic Rights and Accountability Projects (SERAP), has called on President Goodluck Jonathan to establish the Nigerian Education Bank that would enhance access of millions of disadvantaged children to education.
The group in a statement signed by its Executive Director, Adetokunbo Mumuni also accused the Federal Government (FG) of allegedly letting down millions of poor Nigerians when it failed to implement the courts’ judgments on the right to education which had earlier directed the FG to establish the Nigerian Education Bank that would enhance access of millions of disadvantaged children to education.
SERAP added that, "Nigeria has the resources and capacity to establish the bank if the government is able to exercise the required political will. If President Jonathan seriously wants to end the phenomenon of Boko Haram, he should move swiftly to establish the Nigerian Education Bank.
"We believe that it is the lack of real tools for poor children to fight the cycle that plagues their families and villages, make them more susceptible to manipulation and victimisation by political leaders who seek public positions at all costs for personal enrichment.
"The judgment just delivered by the Honourable Justice M.B. Idris of the Federal High Court, Lagos ordering President Goodluck Jonathan to establish a Nigerian Education Bank is an important development in the efforts to achieve access to quality education for all Nigerian children.
"But we fear that the government will ignore this judgment just as it did regarding the ECOWAS Court right to education judgment."
The group had in the suit designated FHC/L/CS/1122/11 with the date November 22, 2011, stated that, "The duty to establish the bank is mandatory and President Goodluck Jonathan cannot elect not to establish it. The failure by the President to do this is nothing but an act of arbitrariness.
"It is apostasy for the government to ignore the provision of the law. Everyone, high or low must be prepared to justify his act by reference to some law which authorises him to act precisely in the way in which he has acted.
"Without access to quality education, our children cannot have the chance to end the cycle of poverty, disease, abuse, manipulation, victimisation, and violence. But education is more than an escape; it is a legally enforceable fundamental human right.
"SERAP agrees with the court when it said that ‘the establishment of the bank will go a long way in alleviating the suffering of poor Nigerians who cannot afford the services of our conventional banking system’. Now, millions of Nigerian children are waiting to see if President Jonathan will swiftly implement this judgment and show them that he is truly committed to alleviate their suffering."
Accordiing to the judgement delivered by Justice Idris, "The failure to establish the Nigerian Education Bank amounts to a gross violation of existing laws in Nigeria. The refusal by President Goodluck Jonathan to reply to the Plaintiff’s letter is a violation of the Oath of Office contained in Seventh Schedule of the 1999 Constitution."
The organisation stated further that, "As the court correctly stated, there is a responsibility for the government to act on the law establishing the bank, on fundamental objectives and directive principles provisions of the 1999 Constitution and on Article 17 of the African Charter on Human and Peoples’ Rights guaranteeing the right to education.
"The court said the failure to uphold these provisions should attract accountability. SERAP will therefore seek contempt proceedings against the government of President Goodluck Jonathan if it continues to ignore this important judgment."
Justice Idris stated further that, "The purpose of the bank’s Act is to enhance the educational development of Nigeria. There is no doubt that the Nigerian Education Bank Act was made against the backdrop of the need for all Nigerians to be educated.
"This reflects the right to education guaranteed and protected by Article 17 of the African Charter on Human and Peoples’ Rights which is enforceable in our courts. The Act is also an offshoot of the educational objectives of the government contained in Section 18 of the Constitution.
"By the Nigerian Education Bank Act, therefore, the government is expected to direct its policy towards ensuring that there are equal and adequate educational opportunities at all level. The government is also expected to eradicate illiteracy.
"The non-justiciability of the fundamental objectives and directive principles in Chapter 2 of the 1999 Constitution, which reflect economic and social rights, is a barrier to the expansion of human rights."
Alleged fake promo: NLRC drags Multichoice, others to court
FRANCIS IWUCHUKWU
The National Lottery Regulatory Commission, NLRC, has instituted a suit against Multichoice Nigeria limited alongside two officials of the company, Tayo Ajala and Tomi Olugbemi before a Federal High Court sitting in Ikoyi over allegation of conspiracy, false inducement and using the company's office for lottery purposes.
Others charged and now said to be at large includes one John Ugbe, Bisi Animashaun, Martins Mabutho, and Busola Tejumola. The commission in a twenty two counts charge designated FHC/L/122c/14, alleged that all the accused persons had between October 2013 and March 2014, conspired together to induce Nigerians to confer benefit on them by entering into contract of buying the product of Multichoice Nigeria Limited by way of advance payment of DSTV Telecast monthly subscription upon promise that participants will win a price of expenses paid trip to Grammy Award in USA and Zambia 2014 return ticket to Brazil in a lottery, this which they never fulfilled.
NLRC also alleged that the defendants conspired together to induce one Emmanuel Egos and other citizens of the federal Republic of Nigeria to buy the product of Multichoice tagged RETURN TICKET TO 2014 GRAMMY AWARD, by way of advance payment of DSTV Telecast Monthly subscription upon the promise that participant will win a price of expenses paid trip to Grammy Award in USA in a lottery they never fulfilled.
The charge also posited that all the defendants allegedly promoted a scheme with the caption, 'DSTV SAMBA 2014 RETURN TICKET TO BRAZIL', under which a promise is given to members of the Nigerian populace participating in the scheme to the effect that they will win a price in a lottery.
The commission also alleged that the defendants established and kept the premises of Multichoice Nigeria Limited at Plot 1381, Tiamiyu Savage street, Victoria Island, Lagos, as a place for the purpose of the lottery.
According to the charge, the alleged offence offends and it is punishable under Sections 34(4)(f) of the National lottery Act 2005, Laws of the Federation of Nigeria, and Sections 1(3)and 8 of the Advance fee fraud and other fraud related offences Act Cap A6 Laws of the Federation of Nigeria 2006.
The case comes up on July 8, 2014 for trial.
FRANCIS IWUCHUKWU
The National Lottery Regulatory Commission, NLRC, has instituted a suit against Multichoice Nigeria limited alongside two officials of the company, Tayo Ajala and Tomi Olugbemi before a Federal High Court sitting in Ikoyi over allegation of conspiracy, false inducement and using the company's office for lottery purposes.
Others charged and now said to be at large includes one John Ugbe, Bisi Animashaun, Martins Mabutho, and Busola Tejumola. The commission in a twenty two counts charge designated FHC/L/122c/14, alleged that all the accused persons had between October 2013 and March 2014, conspired together to induce Nigerians to confer benefit on them by entering into contract of buying the product of Multichoice Nigeria Limited by way of advance payment of DSTV Telecast monthly subscription upon promise that participants will win a price of expenses paid trip to Grammy Award in USA and Zambia 2014 return ticket to Brazil in a lottery, this which they never fulfilled.
NLRC also alleged that the defendants conspired together to induce one Emmanuel Egos and other citizens of the federal Republic of Nigeria to buy the product of Multichoice tagged RETURN TICKET TO 2014 GRAMMY AWARD, by way of advance payment of DSTV Telecast Monthly subscription upon the promise that participant will win a price of expenses paid trip to Grammy Award in USA in a lottery they never fulfilled.
The charge also posited that all the defendants allegedly promoted a scheme with the caption, 'DSTV SAMBA 2014 RETURN TICKET TO BRAZIL', under which a promise is given to members of the Nigerian populace participating in the scheme to the effect that they will win a price in a lottery.
The commission also alleged that the defendants established and kept the premises of Multichoice Nigeria Limited at Plot 1381, Tiamiyu Savage street, Victoria Island, Lagos, as a place for the purpose of the lottery.
According to the charge, the alleged offence offends and it is punishable under Sections 34(4)(f) of the National lottery Act 2005, Laws of the Federation of Nigeria, and Sections 1(3)and 8 of the Advance fee fraud and other fraud related offences Act Cap A6 Laws of the Federation of Nigeria 2006.
The case comes up on July 8, 2014 for trial.
Four men docked over alleged theft
FRANCIS IWUCHUKWU
Four men alleged to have been involved in the stealing of 32 pieces of vehicle tyres valued at N1.04 million have been arraigned before an Ojokoro Magistrates' Court, Lagos.
Those docked before the court includes: Abiola Solomon; 50, Wale Olusola; 47, Taye Waidi; 30 and Idowu Maya; 30. They are currently facing a two-count charge that touches on conspiracy and theft.
In the charge, the suspects were alleged to have committed the offences between May 19 and 27, at No. 225, Adura Bus-Stop, Lagos/Abeokuta Expressway. It stated further that, "The defendants stole N1, 040, 000 worth of vehicle tyres which was supposed to be supplied to customers, property of Large Coast Limited."
The offences according to the police prosecutor, Inspector Lugard Ahonle, stressed that the alleged offences offends Sections 285, and 375 of the Criminal Laws of Lagos State.
But the suspects pleaded not guilty to the charges prompting the presiding Magistrate O. A Layinka to grant the suspects bail in the sum of N200, 000 each with two sureties each in like sum.
The matter has been adjourned till July 2, 2014.
FRANCIS IWUCHUKWU
Four men alleged to have been involved in the stealing of 32 pieces of vehicle tyres valued at N1.04 million have been arraigned before an Ojokoro Magistrates' Court, Lagos.
Those docked before the court includes: Abiola Solomon; 50, Wale Olusola; 47, Taye Waidi; 30 and Idowu Maya; 30. They are currently facing a two-count charge that touches on conspiracy and theft.
In the charge, the suspects were alleged to have committed the offences between May 19 and 27, at No. 225, Adura Bus-Stop, Lagos/Abeokuta Expressway. It stated further that, "The defendants stole N1, 040, 000 worth of vehicle tyres which was supposed to be supplied to customers, property of Large Coast Limited."
The offences according to the police prosecutor, Inspector Lugard Ahonle, stressed that the alleged offences offends Sections 285, and 375 of the Criminal Laws of Lagos State.
But the suspects pleaded not guilty to the charges prompting the presiding Magistrate O. A Layinka to grant the suspects bail in the sum of N200, 000 each with two sureties each in like sum.
The matter has been adjourned till July 2, 2014.
Judicial vindication of Umeh
FRANCIS IWUCHUKWU
Abuja division of the Court of Appeal restored what political observers sees as normalcy to the All Progressives Grand Alliance (APGA) when it declared the formerly removed National Chairman of the party, Chief Victor Umeh as the authentic boss of APGA.
Besides, the Appellate Court also threw out the judgement of justice Abdulkadir Abdul Kafarati of the Federal High Court in Abuja which had earlier removed the Umeh led National Executive Committee (NEC) of APGA, with a further re-affirmation of Umeh and Alhaji Sani Abdulahi Shinkafi as the National Chairman and National Secretary of the party respectively.
The Court of Appeal in its lead judgment read by Justice T.Y Hassan insisted that the 1st respondent in the suit, Maxi Okwu has no locus standi to have instituted the suit having been expelled from the party.
The Appellate Court also berated the Justice Abdul Kafarati for assuming jurisdiction in the matter when he lacks the jurisdiction to have gone into the it in the first place. Justice Hassan held that, "The appeal is against a Federal High Court delivered on January 15th which had dissolved the entire leadership of APGA elected in 2011 the party.
"On whether the appellants complied with the provisions of the APGA Constitution I hold that they substantially complied with the said Constitution. I also uphold all the 12 grounds of appeal brought by the appellants. The trial judge, Justice Abdul Kafarati should not have assumed jurisdiction to entertain the suit when there is a subsisting judgment of the Court of Appeal Enugu Division."
The Appellate Court also agreed with the APGA convention conducted in February 10, 2011 as having complied with the provisions of the APGA Constitution, adding that Justice Kafarati had no jurisdiction on the matter as there was a subsisting judgment of the Court of Appeal Enugu Division which had nullified the decision of the Enugu State High Court presided over by the Chief Judge (CJ) of Enugu State, Justice Innocent Umezurike.
It would be recalled that on January 16, 2014 Justice Abdul-Kafarati had sent Umeh parking from office as National Chairman of APGA with a directive that the Independent National Electoral Commission, INEC, should with immediate effect, give recognition to one Chief Maxi Okwu as Chairman of the party.
The judge did not stop at that, he equally gave an Order to the National Secretary of the party, Alhaji Sani Shinkafi and other members of the National Working Committee, NWC, who were alongside elected into office with Umeh at a convention held on February 18, 2011, in Awka, Anambra State to vacate their respective offices with immediate effect.
Besides, Justice Abdul-Kafarati also instructed INEC to henceforth relate with Ibrahim Carefor, Chief Dickson Ogu, Dr. Gbenga Afeni and Alhaji Abubakar Adamu as the legally elected national officers of the party since they all emerged from a
separate convention of the party that also held in Awka on April 8, 2013.
In his declaration, the judge had held that, "Umeh and Shinkafi (1st and 2nd defendants), having been expelled from the party whether lawfully or unlawfully, regularly or irregularly, cannot validly continue to occupy the positions of National Chairman and National Secretary respectively when the suit they filed challenging their said expulsion has not been decided and in their favour.
"The 2nd Defendant, having first been elected National Secretary of the party on January 10, 2003, which is over 10 years ago, cannot validly continue in office 10 years after he was first elected when by Article 18(2) of the Constitution of the party, any official of the party can only stay in office for a maximum of two terms of four years each."
The court pointed out that both Umeh and Shinkafi were voted into office by voice votes instead of secret ballot as stipulated by the party's Constitution, which the judge described as the process that rendered as a nullity their emergence as national officers of the party.
The judge posited that unless and until the judgement of the Awka High Court given in a suit that was earlier filed by one Michael Joe Onwudinjo, which had recognised the Okwu-led faction of the party, was set aside by a higher court, it remained binding, subsisting and must be obeyed by INEC.
The court consequently granted all the prayers sought by Okwu.
But this decision did not go down well with Umeh who then approach the Abuja Appellate Court with a position that the
trial court involved in what he termed acts of judicial rascality. Umeh in his appeal argued that the Enugu Division of the appellate court had ab-initio gave nud to the
indefinite suspension of all the Okwu-led executives from the party, adding that the Supreme Court was already aware of the facts of the case.
Umeh who accused the judge of overreaching his powers by delving into an issue which he contends was purely within the purview of domestic affairs of a political party, also instituted a motion seeking an order for stay of execution of the judgment pending the hearing and determination of their appeal.
The defendants also prayed the appellate court to issue an Order
of injunction restraining the Okwu-led faction from interfering in the leadership and management of APGA in any manner whatsoever, including by way of dealing with INEC as officers of APGA and or from parading themselves as the validly elected national officers of the party, pending the outcome of the appeal they lodged.
Umeh alongside other sacked national officers of the party maintained that the Abuja High Court does not have the
jurisdiction to entertain the suit and make orders that would affect and curtail the constitutional and inherent rights of APGA which they said was at no time, joined as a party in the matter.
According to their four
grounds of appeal, the Umeh's piloted faction of APGA argued that Justice Abdul-Kafarati, erred in law and thereby occasioned a miscarriage of justice when it refused to uphold the preliminary objection challenging the jurisdiction of the court to entertain the suit.
Besides, the sacked National Secretary of the Party, Shinkafi, explained that the faction had concluded plans to drag Justice Abdul-Kafarati before the National Judicial Council, NJC. He said, "It is this kind of judgment that makes us call for a total overhaul of the judicial system in this country and sack of bad judges.
"This kind of verdict is capable of setting a bad precedence; it is nothing but sheer judicial rascality on the part of the judge to sit on appeal over the previous judgment of a higher court even when the same matter is still pending before the Supreme Court.
"This judgment was fraudulent! However, there is no cause for alarm. We are going to write a petition against the judge. Max Okwu’s expulsion from APGA was upheld by the Supreme Court and since then he has not been granted pardon by the party, so one wonders the basis of this judgment by Justice Kafarati.
"Anyway, it is not surprising to us. We all know the antecedent of this judge. He was the same man that sacked Oyinlola as the National Secretary of the PDP, a verdict that was accordingly set aside by a higher court. We have already filed our appeal and applied for a stay of execution. We want to assure all APGA supporters that there is no cause for alarm."
Okwu who had approached the court in his suit designated FHC/ABJ/CS/563/2013 and instituted by his counsel, Oba Maduabuchi, maintained that the party's convention and election on February 10, 2011, where Umeh and Shinkafi were re-elected National Chairman and National Secretary respectively was by voice vote contrary to Article 18(4) of the party’s Constitution which stipulates that elections should be by secret ballots only.
Specifically, Okwu want the court to determine, "Whether the 2nd defendant (Shinkafi) can still validly occupy the position of National Secretary of APGA in 2013 when the constitution of the party provide a maximum tenure of eight years and he was first elected as National Secretary of the party 10 years ago on January 10, 2003."
He also wants the court to issue an order directing Umeh, Shinkafi and all the officers said to have been elected with them in the February 2011 national convention by voice vote to vacate their various offices since their coming into office was not in accordance with Article 18(4) of the APGA constitution which prescribes that elections shall be by secret ballot.
Okwu and the other plaintiffs consequently want the court to hold that Umeh and Shinkafi, "Having been expelled from the party, whether lawfully or unlawfully, regularly or irregularly, cannot validly continue to occupy the positions of National Chairman and National Secretary respectively when the suit they filed challenging their said expulsion has not need decided and in their favour.”
Aside Okwu, other plaintiffs include; Ibrahim Carefor, Chief Dickson Ogu, Dr. Gbenga Afeni and Alhaji Abu Akbar Adamu, suing for themselves and other national officers of APGA who were elected during the party’s national convention and held on April 8, 2013 in Awka, Anambra State capital.
The defendants are; Chairman of the party, Chief Victor Umeh; National Secretary, Alhaji Sani Shinkafi and the Independent National Electoral Commission, INEC.
Prior to Umeh's removal, an Enugu High Court, presided over by the Chief Judge (CJ) of the state, Justice Innocent Umezulike sometime in February 2013 removed Umeh as chairman of the party on the reason that his tenure expired in December, 2010. The Enugu CJ's decision was based on a suit filed by an aggrieved member of the party, Jude Okolie who had prayed the judge in June 2012 to hold that Umeh’s stay in office beyond December 2010 was not Constitutional.
Okolie in his suit wants the court to, "Determine whether going by article 18 of the APGA constitution, the defendant, (Umeh) can be re-elected other than through a secret ballot system in an election organized by the National Executive Committee, NEC of the party.
"Whether the defendant can legitimately remain in office after 2010 without any valid national convention in line with the constitution of APGA," with a position that consequent upon the provisions of the party, Umeh was also supposed to have vacated office at least two months to a fresh election.
But in his preliminary objection to the suit, Umeh had through his lawyer, Patrick Ikwueto questioned the jurisdiction of the court as well as the locus standi of the plaintiff. The sacked national chairman stated that the non-joinder of APGA in the suit would amount to injustice. Umeh also insisted that the plaintiff had since been expelled from the party, and as such lacked the locu standi to pursue the suit.
Umeh did not stop at that, he also stressed that the suit was a domestic and internal matter of the party, with a position that the court had no right to dabble into such issues. But the court in its judgement declared that although it may be desirable to bring in APGA, "Failure in my view cannot affect the action in any way. The provisions of APGA Constitution which is before me is very clear, it is written in English and not in any strange language; so the position of this court is APGA as a political party is not indispensable in exercising the interpretative powers of this court.
"The expulsion of the plaintiff from the party does not exist to the knowledge of the court. If the said 3-man panel that recommended his expulsion really existed, where is the notice of proceedings, when was the plaintiff invited and was he given fair hearing? In the absence of all this, no sane court can hold that the plaintiff was expelled. It is a nullity; it was contrived for the essence of this suit.
"Accordingly, the court shall not run away from this suit in terror at the slightest mention of the word ‘domestic affair’. The court has a duty to insist that rule of law and constitutional provisions prevail in political milieu.
"The defendant’s claim that he was re-elected during a national congress of the party held in Awka, Anambra State in February, 2011 did also not change the mind of the court. The court observed that section 18 of APGA constitution was violated in the said election, as Umeh and other members of the national exco of the party were only presented through a voice vote, other than a secret ballot, as provided by the party’s constitution.
"By law, he has since 2nd Day of December, 2010 seized to be the APGA national chairman. I have not said that the defendant is barred from presenting himself for election, he may as well win, but the court insist that such election must comply strictly with the provisions of the party’s constitution.
"He is not and has not been the party’s national chairman since December 2, 2010. Following from the above, the NEC of APGA is bound to meet and fix a date for election. The defendant cannot be re-elected other than by a secret ballot system in such election fixed by the NEC.
"His occupation of office after 2010 is illegal, ultra vires the constitution of APGA. He is thereby restrained from parading himself as the national Chairman of APGA."
But the Court of Appeal sitting in Enugu upturned the decision of the Enugu High Court when it returned Umeh as the national chairman of APGA. The appellate court in its lead judgement read by Justice Tom Yakubu on behalf of two other justices in the appeal panel, Justices Paul Galinje (Chairman) and Modupe Kwasami, granted all the four reliefs sought by the applicant (Umeh) and resolved all the issues set out for determination in his favour.
The appellate court also agreed with the submissions of Chief Umeh that the trial court over reached itself when it ruled that the APGA National Convention of November 10, 2011 was unconstitutional, adding that it was the invalidation of the convention that was the fulcrum and basis for granting the erroneous injunctions that removed the appellant from office.
Umeh had in his Notice of Appeal before the Enugu Appellate Court requested for stay of the lower court's decision
which had sacked him as APGA national chairman, pending the determination of his appeal, just as he explained that he had on February 11, 2013 filed an application before the court below for an order of stay of execution pending the determination of his appeal.
He said, "Despite my request for a date to be assigned for the hearing of my Motion on Notice dated and filed on February 11, 2013, the said Motion on Notice for Stay of Execution was not heard nor attended to by the lower court before the Record of Appeal was transmitted to this Honourable court and the appeal entered as no. CA/E/84/2013."
The sacked APGA chairman informed the appellate court that by the judgement of the lower court, "The monitoring/approval of the APGA National Convention held on February 10, 2011 by INEC, in exercise of its (INEC's) statutory function under the Electoral Act 2010 (as amended) and under the 1999 Constitution of the Federal Republic of Nigeria (as amended), was vitiated/annulled in the absence of INEC and in total disregard of the statutory limitation prescribed by the Public Officers (Protection) Act."
Umeh insisted that unless the appellate court considers granting the Order for the stay of execution, "The strangers to the suit acting under the false description of 'National Caucus of APGA' will not relent in depriving me of the exercise of my constitutional right of appeal as well as creating confusion, disharmony and chaos within our party, APGA.
“Unless by an Order of this Honourable Court, the persons 'elected' as 'Acting National Officers' of our party (APGA) vide the communiqué dated February 16, 2013 will continue to usurp my functions under the constitution of APGA and render my appeal utterly impotent."
FRANCIS IWUCHUKWU
Abuja division of the Court of Appeal restored what political observers sees as normalcy to the All Progressives Grand Alliance (APGA) when it declared the formerly removed National Chairman of the party, Chief Victor Umeh as the authentic boss of APGA.
Besides, the Appellate Court also threw out the judgement of justice Abdulkadir Abdul Kafarati of the Federal High Court in Abuja which had earlier removed the Umeh led National Executive Committee (NEC) of APGA, with a further re-affirmation of Umeh and Alhaji Sani Abdulahi Shinkafi as the National Chairman and National Secretary of the party respectively.
The Court of Appeal in its lead judgment read by Justice T.Y Hassan insisted that the 1st respondent in the suit, Maxi Okwu has no locus standi to have instituted the suit having been expelled from the party.
The Appellate Court also berated the Justice Abdul Kafarati for assuming jurisdiction in the matter when he lacks the jurisdiction to have gone into the it in the first place. Justice Hassan held that, "The appeal is against a Federal High Court delivered on January 15th which had dissolved the entire leadership of APGA elected in 2011 the party.
"On whether the appellants complied with the provisions of the APGA Constitution I hold that they substantially complied with the said Constitution. I also uphold all the 12 grounds of appeal brought by the appellants. The trial judge, Justice Abdul Kafarati should not have assumed jurisdiction to entertain the suit when there is a subsisting judgment of the Court of Appeal Enugu Division."
The Appellate Court also agreed with the APGA convention conducted in February 10, 2011 as having complied with the provisions of the APGA Constitution, adding that Justice Kafarati had no jurisdiction on the matter as there was a subsisting judgment of the Court of Appeal Enugu Division which had nullified the decision of the Enugu State High Court presided over by the Chief Judge (CJ) of Enugu State, Justice Innocent Umezurike.
It would be recalled that on January 16, 2014 Justice Abdul-Kafarati had sent Umeh parking from office as National Chairman of APGA with a directive that the Independent National Electoral Commission, INEC, should with immediate effect, give recognition to one Chief Maxi Okwu as Chairman of the party.
The judge did not stop at that, he equally gave an Order to the National Secretary of the party, Alhaji Sani Shinkafi and other members of the National Working Committee, NWC, who were alongside elected into office with Umeh at a convention held on February 18, 2011, in Awka, Anambra State to vacate their respective offices with immediate effect.
Besides, Justice Abdul-Kafarati also instructed INEC to henceforth relate with Ibrahim Carefor, Chief Dickson Ogu, Dr. Gbenga Afeni and Alhaji Abubakar Adamu as the legally elected national officers of the party since they all emerged from a
separate convention of the party that also held in Awka on April 8, 2013.
In his declaration, the judge had held that, "Umeh and Shinkafi (1st and 2nd defendants), having been expelled from the party whether lawfully or unlawfully, regularly or irregularly, cannot validly continue to occupy the positions of National Chairman and National Secretary respectively when the suit they filed challenging their said expulsion has not been decided and in their favour.
"The 2nd Defendant, having first been elected National Secretary of the party on January 10, 2003, which is over 10 years ago, cannot validly continue in office 10 years after he was first elected when by Article 18(2) of the Constitution of the party, any official of the party can only stay in office for a maximum of two terms of four years each."
The court pointed out that both Umeh and Shinkafi were voted into office by voice votes instead of secret ballot as stipulated by the party's Constitution, which the judge described as the process that rendered as a nullity their emergence as national officers of the party.
The judge posited that unless and until the judgement of the Awka High Court given in a suit that was earlier filed by one Michael Joe Onwudinjo, which had recognised the Okwu-led faction of the party, was set aside by a higher court, it remained binding, subsisting and must be obeyed by INEC.
The court consequently granted all the prayers sought by Okwu.
But this decision did not go down well with Umeh who then approach the Abuja Appellate Court with a position that the
trial court involved in what he termed acts of judicial rascality. Umeh in his appeal argued that the Enugu Division of the appellate court had ab-initio gave nud to the
indefinite suspension of all the Okwu-led executives from the party, adding that the Supreme Court was already aware of the facts of the case.
Umeh who accused the judge of overreaching his powers by delving into an issue which he contends was purely within the purview of domestic affairs of a political party, also instituted a motion seeking an order for stay of execution of the judgment pending the hearing and determination of their appeal.
The defendants also prayed the appellate court to issue an Order
of injunction restraining the Okwu-led faction from interfering in the leadership and management of APGA in any manner whatsoever, including by way of dealing with INEC as officers of APGA and or from parading themselves as the validly elected national officers of the party, pending the outcome of the appeal they lodged.
Umeh alongside other sacked national officers of the party maintained that the Abuja High Court does not have the
jurisdiction to entertain the suit and make orders that would affect and curtail the constitutional and inherent rights of APGA which they said was at no time, joined as a party in the matter.
According to their four
grounds of appeal, the Umeh's piloted faction of APGA argued that Justice Abdul-Kafarati, erred in law and thereby occasioned a miscarriage of justice when it refused to uphold the preliminary objection challenging the jurisdiction of the court to entertain the suit.
Besides, the sacked National Secretary of the Party, Shinkafi, explained that the faction had concluded plans to drag Justice Abdul-Kafarati before the National Judicial Council, NJC. He said, "It is this kind of judgment that makes us call for a total overhaul of the judicial system in this country and sack of bad judges.
"This kind of verdict is capable of setting a bad precedence; it is nothing but sheer judicial rascality on the part of the judge to sit on appeal over the previous judgment of a higher court even when the same matter is still pending before the Supreme Court.
"This judgment was fraudulent! However, there is no cause for alarm. We are going to write a petition against the judge. Max Okwu’s expulsion from APGA was upheld by the Supreme Court and since then he has not been granted pardon by the party, so one wonders the basis of this judgment by Justice Kafarati.
"Anyway, it is not surprising to us. We all know the antecedent of this judge. He was the same man that sacked Oyinlola as the National Secretary of the PDP, a verdict that was accordingly set aside by a higher court. We have already filed our appeal and applied for a stay of execution. We want to assure all APGA supporters that there is no cause for alarm."
Okwu who had approached the court in his suit designated FHC/ABJ/CS/563/2013 and instituted by his counsel, Oba Maduabuchi, maintained that the party's convention and election on February 10, 2011, where Umeh and Shinkafi were re-elected National Chairman and National Secretary respectively was by voice vote contrary to Article 18(4) of the party’s Constitution which stipulates that elections should be by secret ballots only.
Specifically, Okwu want the court to determine, "Whether the 2nd defendant (Shinkafi) can still validly occupy the position of National Secretary of APGA in 2013 when the constitution of the party provide a maximum tenure of eight years and he was first elected as National Secretary of the party 10 years ago on January 10, 2003."
He also wants the court to issue an order directing Umeh, Shinkafi and all the officers said to have been elected with them in the February 2011 national convention by voice vote to vacate their various offices since their coming into office was not in accordance with Article 18(4) of the APGA constitution which prescribes that elections shall be by secret ballot.
Okwu and the other plaintiffs consequently want the court to hold that Umeh and Shinkafi, "Having been expelled from the party, whether lawfully or unlawfully, regularly or irregularly, cannot validly continue to occupy the positions of National Chairman and National Secretary respectively when the suit they filed challenging their said expulsion has not need decided and in their favour.”
Aside Okwu, other plaintiffs include; Ibrahim Carefor, Chief Dickson Ogu, Dr. Gbenga Afeni and Alhaji Abu Akbar Adamu, suing for themselves and other national officers of APGA who were elected during the party’s national convention and held on April 8, 2013 in Awka, Anambra State capital.
The defendants are; Chairman of the party, Chief Victor Umeh; National Secretary, Alhaji Sani Shinkafi and the Independent National Electoral Commission, INEC.
Prior to Umeh's removal, an Enugu High Court, presided over by the Chief Judge (CJ) of the state, Justice Innocent Umezulike sometime in February 2013 removed Umeh as chairman of the party on the reason that his tenure expired in December, 2010. The Enugu CJ's decision was based on a suit filed by an aggrieved member of the party, Jude Okolie who had prayed the judge in June 2012 to hold that Umeh’s stay in office beyond December 2010 was not Constitutional.
Okolie in his suit wants the court to, "Determine whether going by article 18 of the APGA constitution, the defendant, (Umeh) can be re-elected other than through a secret ballot system in an election organized by the National Executive Committee, NEC of the party.
"Whether the defendant can legitimately remain in office after 2010 without any valid national convention in line with the constitution of APGA," with a position that consequent upon the provisions of the party, Umeh was also supposed to have vacated office at least two months to a fresh election.
But in his preliminary objection to the suit, Umeh had through his lawyer, Patrick Ikwueto questioned the jurisdiction of the court as well as the locus standi of the plaintiff. The sacked national chairman stated that the non-joinder of APGA in the suit would amount to injustice. Umeh also insisted that the plaintiff had since been expelled from the party, and as such lacked the locu standi to pursue the suit.
Umeh did not stop at that, he also stressed that the suit was a domestic and internal matter of the party, with a position that the court had no right to dabble into such issues. But the court in its judgement declared that although it may be desirable to bring in APGA, "Failure in my view cannot affect the action in any way. The provisions of APGA Constitution which is before me is very clear, it is written in English and not in any strange language; so the position of this court is APGA as a political party is not indispensable in exercising the interpretative powers of this court.
"The expulsion of the plaintiff from the party does not exist to the knowledge of the court. If the said 3-man panel that recommended his expulsion really existed, where is the notice of proceedings, when was the plaintiff invited and was he given fair hearing? In the absence of all this, no sane court can hold that the plaintiff was expelled. It is a nullity; it was contrived for the essence of this suit.
"Accordingly, the court shall not run away from this suit in terror at the slightest mention of the word ‘domestic affair’. The court has a duty to insist that rule of law and constitutional provisions prevail in political milieu.
"The defendant’s claim that he was re-elected during a national congress of the party held in Awka, Anambra State in February, 2011 did also not change the mind of the court. The court observed that section 18 of APGA constitution was violated in the said election, as Umeh and other members of the national exco of the party were only presented through a voice vote, other than a secret ballot, as provided by the party’s constitution.
"By law, he has since 2nd Day of December, 2010 seized to be the APGA national chairman. I have not said that the defendant is barred from presenting himself for election, he may as well win, but the court insist that such election must comply strictly with the provisions of the party’s constitution.
"He is not and has not been the party’s national chairman since December 2, 2010. Following from the above, the NEC of APGA is bound to meet and fix a date for election. The defendant cannot be re-elected other than by a secret ballot system in such election fixed by the NEC.
"His occupation of office after 2010 is illegal, ultra vires the constitution of APGA. He is thereby restrained from parading himself as the national Chairman of APGA."
But the Court of Appeal sitting in Enugu upturned the decision of the Enugu High Court when it returned Umeh as the national chairman of APGA. The appellate court in its lead judgement read by Justice Tom Yakubu on behalf of two other justices in the appeal panel, Justices Paul Galinje (Chairman) and Modupe Kwasami, granted all the four reliefs sought by the applicant (Umeh) and resolved all the issues set out for determination in his favour.
The appellate court also agreed with the submissions of Chief Umeh that the trial court over reached itself when it ruled that the APGA National Convention of November 10, 2011 was unconstitutional, adding that it was the invalidation of the convention that was the fulcrum and basis for granting the erroneous injunctions that removed the appellant from office.
Umeh had in his Notice of Appeal before the Enugu Appellate Court requested for stay of the lower court's decision
which had sacked him as APGA national chairman, pending the determination of his appeal, just as he explained that he had on February 11, 2013 filed an application before the court below for an order of stay of execution pending the determination of his appeal.
He said, "Despite my request for a date to be assigned for the hearing of my Motion on Notice dated and filed on February 11, 2013, the said Motion on Notice for Stay of Execution was not heard nor attended to by the lower court before the Record of Appeal was transmitted to this Honourable court and the appeal entered as no. CA/E/84/2013."
The sacked APGA chairman informed the appellate court that by the judgement of the lower court, "The monitoring/approval of the APGA National Convention held on February 10, 2011 by INEC, in exercise of its (INEC's) statutory function under the Electoral Act 2010 (as amended) and under the 1999 Constitution of the Federal Republic of Nigeria (as amended), was vitiated/annulled in the absence of INEC and in total disregard of the statutory limitation prescribed by the Public Officers (Protection) Act."
Umeh insisted that unless the appellate court considers granting the Order for the stay of execution, "The strangers to the suit acting under the false description of 'National Caucus of APGA' will not relent in depriving me of the exercise of my constitutional right of appeal as well as creating confusion, disharmony and chaos within our party, APGA.
“Unless by an Order of this Honourable Court, the persons 'elected' as 'Acting National Officers' of our party (APGA) vide the communiqué dated February 16, 2013 will continue to usurp my functions under the constitution of APGA and render my appeal utterly impotent."
We won’t succumb to cheap blackmail- Olejeme
In a bid to actualize the full objective of the Employees'
Compensation Scheme, ECS, Nigeria Social Insurance Trust Fund, NSITF
is repositioning the agency in line with the provision of the Act
establishing it.
NSITF board chairman, Dr. Ngozi Olejeme explains that in order to actualise the agency's mandate, it is restructuring the organisation and also re-engineering its current workforce to reflect the objective of the Scheme.
Olejeme hinted that the efforts to reposition NSITF was in pursuance
of the transformation agenda of President Goodluck Jonathan and that no stone will be left unturned to ensure that the agency measures up to global standards.
She also affirmed that the agency will not succumb to blackmail and will not be distracted in its efforts to achieve its core mandate.
NSITF applies very strict employment policy, which has earned
accolades from several organisations particularly by the Federal Character Commission. The federal character commission recently adjudged NSITF as one of the most transparent and most equitable government agencies in Nigeria.
Meanwhile, the attention of the NSITF has been drawn to the fraudulent activities of some scammers using the internet and other social media platforms to swindle innocent job seekers, with promises of fake job
vacancies in the agency.
NSITF in a statement frowned at this act and dissociates itself from the activities of the scammers, the agency also warned the public to disregard individuals requesting for monies or any form of gratification in exchange for job opportunities in the agency, insisting that it employs strictly based on competence.
In a bid to actualize the full objective of the Employees'
Compensation Scheme, ECS, Nigeria Social Insurance Trust Fund, NSITF
is repositioning the agency in line with the provision of the Act
establishing it.
NSITF board chairman, Dr. Ngozi Olejeme explains that in order to actualise the agency's mandate, it is restructuring the organisation and also re-engineering its current workforce to reflect the objective of the Scheme.
Olejeme hinted that the efforts to reposition NSITF was in pursuance
of the transformation agenda of President Goodluck Jonathan and that no stone will be left unturned to ensure that the agency measures up to global standards.
She also affirmed that the agency will not succumb to blackmail and will not be distracted in its efforts to achieve its core mandate.
NSITF applies very strict employment policy, which has earned
accolades from several organisations particularly by the Federal Character Commission. The federal character commission recently adjudged NSITF as one of the most transparent and most equitable government agencies in Nigeria.
Meanwhile, the attention of the NSITF has been drawn to the fraudulent activities of some scammers using the internet and other social media platforms to swindle innocent job seekers, with promises of fake job
vacancies in the agency.
NSITF in a statement frowned at this act and dissociates itself from the activities of the scammers, the agency also warned the public to disregard individuals requesting for monies or any form of gratification in exchange for job opportunities in the agency, insisting that it employs strictly based on competence.
Kidnappers threatened to cut my mother’s head, send it to me — Bayelsa Commissioner
Bayelsa State Commissioner for Lands and Survey, Mr. Furoebi Akene, yesterday, described as ‘unsettling’ the continued search for his aged mother, Madam Patimi Akene, abducted, penultimate week, by gunmen at Fonibiri in Southern Ijaw local government area of the state.
Akene said the kidnappers, who initially demanded his resignation, later demanded N30m ransom which they reduced to N10m.
He described as worrisome the kidnappers threat to cut off the head of his mother over his refusal to accede to the ransom demand.
Akene spoke in Yenagoa when a group of journalists, politicians and other professionals, under the aegis of The Parliament, called at his residence.
He said though the threat was made on telephone, he was not going to be intimidated.
”One of the kidnappers, who claimed to be the leader of the gang, threatened to kill my mother. He said he will cut off her head and deliver it to my house at INEC Road and the body at the village. Because of the difficulty at getting me to agree with their demand, they have stopped calling me to discuss ransom,” he said.
Akene noted that because of his uncompromising stance, the kidnappers have started calling his younger sister to demand the ransom.
He reported that the younger sister pleaded that they collect a million naira but the kidnappers declined insisting that such sum is not enough for fuel and feeding of the kidnapped septuagenarian.
Akene recalled that when the news of the abduction got to him, he abandoned the World Surveyors Conference he was attending in Malaysia.
”When they demanded that I resigned from the present administration as the condition for my mother’s release, I told them that I am not a man out to sacrifice his mother for position,” he recalled.
According to him, they allowed him to speak with her as a proof that they were holding her.
”They allowed me speak with her twice. The first time, she told me she was okay and I asked her if the kidnappers are Ijaws, she confirmed that they are. On the second occasion, they made my mother cry as a means to convince me of their seriousness. She was crying and begged me to secure her release and give them the money.
”They asked me to pay them the ransom. I told him I will not pay as I am not owing them. The last text I received was, ‘You have lost your mother’.
Madam Patimi Akene, was abducted without any gunshot and whisked away by armed men numbering about six from her home close to the Ofonibiri community waterside at about 12 am penultimate Saturday.
The Bayelsa State Police Command, through its image maker, Alex Akhigbe, DSP, assured that they were on the trail of the gunmen but declined further comment.
Bayelsa State Commissioner for Lands and Survey, Mr. Furoebi Akene, yesterday, described as ‘unsettling’ the continued search for his aged mother, Madam Patimi Akene, abducted, penultimate week, by gunmen at Fonibiri in Southern Ijaw local government area of the state.
Akene said the kidnappers, who initially demanded his resignation, later demanded N30m ransom which they reduced to N10m.
He described as worrisome the kidnappers threat to cut off the head of his mother over his refusal to accede to the ransom demand.
Akene spoke in Yenagoa when a group of journalists, politicians and other professionals, under the aegis of The Parliament, called at his residence.
He said though the threat was made on telephone, he was not going to be intimidated.
”One of the kidnappers, who claimed to be the leader of the gang, threatened to kill my mother. He said he will cut off her head and deliver it to my house at INEC Road and the body at the village. Because of the difficulty at getting me to agree with their demand, they have stopped calling me to discuss ransom,” he said.
Akene noted that because of his uncompromising stance, the kidnappers have started calling his younger sister to demand the ransom.
He reported that the younger sister pleaded that they collect a million naira but the kidnappers declined insisting that such sum is not enough for fuel and feeding of the kidnapped septuagenarian.
Akene recalled that when the news of the abduction got to him, he abandoned the World Surveyors Conference he was attending in Malaysia.
”When they demanded that I resigned from the present administration as the condition for my mother’s release, I told them that I am not a man out to sacrifice his mother for position,” he recalled.
According to him, they allowed him to speak with her as a proof that they were holding her.
”They allowed me speak with her twice. The first time, she told me she was okay and I asked her if the kidnappers are Ijaws, she confirmed that they are. On the second occasion, they made my mother cry as a means to convince me of their seriousness. She was crying and begged me to secure her release and give them the money.
”They asked me to pay them the ransom. I told him I will not pay as I am not owing them. The last text I received was, ‘You have lost your mother’.
Madam Patimi Akene, was abducted without any gunshot and whisked away by armed men numbering about six from her home close to the Ofonibiri community waterside at about 12 am penultimate Saturday.
The Bayelsa State Police Command, through its image maker, Alex Akhigbe, DSP, assured that they were on the trail of the gunmen but declined further comment.
Saturday, June 28, 2014
Gunmen kills ten in Taraba
Gunmen in Maihula village of Bali Local Government Council, Taraba State, killed 10 persons yesterday.
The incident has forced people of the village to seek safety at the council’s administrative headquarters.
An eyewitness said about 30 men stormed the village, shooting sporadically.
The state in the last four months has witnessed similar attacks, which claimed lives and destroyed properties.
The situation has caused people to relocate from the state.
Yesterday’s attack came hours after the celebration of a peace concert, organized by the state chapter of the National Youth Council of Nigeria (NYC).
Although the state government claims it has brokered peace between various warring parties and has provided security operatives with over 70 patrol vehicles, the death toll continues to rise.
Confirming the attack, the council chairman, Andy Yerima, denied that the attack was carried out by unknown gunmen, saying: “armed robbers attacked and killed the people.”
He said the armed bandits attacked the people, whom according to him “were coming from the Garba-Chede market”, and dispossessed them of their valuables before killing them. He said the attack took place between Maihula and Dadinkowa village.
The Police Public Relation Officer Joseph Kwaji, said: “There was an attack by unknown gunmen in Maihula village. Three spent AK47 shells were found at the scene by our patrol team drafted immediately to the scene.”
Anti-riot policemen, according to Kwaji, have been moved to the area to restore normalcy.
He called on members of the public to assist the police with relevant information that could lead to the arrest of the attackers.
Gunmen in Maihula village of Bali Local Government Council, Taraba State, killed 10 persons yesterday.
The incident has forced people of the village to seek safety at the council’s administrative headquarters.
An eyewitness said about 30 men stormed the village, shooting sporadically.
The state in the last four months has witnessed similar attacks, which claimed lives and destroyed properties.
The situation has caused people to relocate from the state.
Yesterday’s attack came hours after the celebration of a peace concert, organized by the state chapter of the National Youth Council of Nigeria (NYC).
Although the state government claims it has brokered peace between various warring parties and has provided security operatives with over 70 patrol vehicles, the death toll continues to rise.
Confirming the attack, the council chairman, Andy Yerima, denied that the attack was carried out by unknown gunmen, saying: “armed robbers attacked and killed the people.”
He said the armed bandits attacked the people, whom according to him “were coming from the Garba-Chede market”, and dispossessed them of their valuables before killing them. He said the attack took place between Maihula and Dadinkowa village.
The Police Public Relation Officer Joseph Kwaji, said: “There was an attack by unknown gunmen in Maihula village. Three spent AK47 shells were found at the scene by our patrol team drafted immediately to the scene.”
Anti-riot policemen, according to Kwaji, have been moved to the area to restore normalcy.
He called on members of the public to assist the police with relevant information that could lead to the arrest of the attackers.
11 Killed, 28 Injured as Bomb Blast Rocks Hotel in Bauchi
Eleven persons lost their lives while 28 others sustained various degrees of injury on Friday when a bomb exploded at Peoples Hotel in the Bayan Gari area of Bauchi metropolis.
Briefing newsmen in his office, the state’s Commissioner of Police, Lawal Shehu, said: “At about 9.30pm, on Friday, there was an explosion at Bayan Gari. Eleven people were confirmed dead while 28 others sustained injuries. The victims were rushed to Abubakar Tafawa Balewa Teaching Hospital (ATBUTH) for treatment while the corpses were evacuated to the mortuary.”
He said the area has been cordoned off and the scene secured by the police bomb disposal unit.
The commissioner also disclosed that one person has been arrested in connection with the incident, while effort is underway to arrest other suspects.
He urged members of the public to be security conscious and pay attention to strange persons and objects particularly at motor parks, markets places, schools, places of worship, and shopping malls.
The News Agency of Nigeria (NAN) reports eyewitness accounts. According to Ahmed Maidoki: “We were seated, watching highlights of the ongoing FIFA World Cup at the viewing centre located between the two story buildings of the hotel when five men dressed in military uniform strolled in.
“We thought they were security personnel, who came to relax as well. I noticed that they positioned themselves at four corners of the hall. The next thing I heard was an explosion, after which the arena was covered with thick smoke. My friends and I threw ourselves to the ground.
“We were trying to get out when the five men began to shoot at any one who tried to stand up, and in the process, killing many of the survivors of the blast.”
Another eyewitness, Usman Hassan, said: “As soon as I was a bit far from the scene, I heard gunshots. Few minutes later, a white Toyota Hilux vehicle zoomed out of the hotel at high speed with men wearing army uniforms.”
Eleven persons lost their lives while 28 others sustained various degrees of injury on Friday when a bomb exploded at Peoples Hotel in the Bayan Gari area of Bauchi metropolis.
Briefing newsmen in his office, the state’s Commissioner of Police, Lawal Shehu, said: “At about 9.30pm, on Friday, there was an explosion at Bayan Gari. Eleven people were confirmed dead while 28 others sustained injuries. The victims were rushed to Abubakar Tafawa Balewa Teaching Hospital (ATBUTH) for treatment while the corpses were evacuated to the mortuary.”
He said the area has been cordoned off and the scene secured by the police bomb disposal unit.
The commissioner also disclosed that one person has been arrested in connection with the incident, while effort is underway to arrest other suspects.
He urged members of the public to be security conscious and pay attention to strange persons and objects particularly at motor parks, markets places, schools, places of worship, and shopping malls.
The News Agency of Nigeria (NAN) reports eyewitness accounts. According to Ahmed Maidoki: “We were seated, watching highlights of the ongoing FIFA World Cup at the viewing centre located between the two story buildings of the hotel when five men dressed in military uniform strolled in.
“We thought they were security personnel, who came to relax as well. I noticed that they positioned themselves at four corners of the hall. The next thing I heard was an explosion, after which the arena was covered with thick smoke. My friends and I threw ourselves to the ground.
“We were trying to get out when the five men began to shoot at any one who tried to stand up, and in the process, killing many of the survivors of the blast.”
Another eyewitness, Usman Hassan, said: “As soon as I was a bit far from the scene, I heard gunshots. Few minutes later, a white Toyota Hilux vehicle zoomed out of the hotel at high speed with men wearing army uniforms.”
Court frees soldier over alleged vehicle theft
FRANCIS IWUCHUKWU
A Lagos High Court in Igbosere, presided over by Justice Olabisi Akinlade has discharged a soldier, Yakubu Pius Jatto, accused of receiving a stolen vehicle.
The court in its ruling on the no-case submission instituted by the freed soldier, declared that the case of the prosecution was too weak to warrant calling on the defendant to open his defence.
According to the judge, "The prosecution, led by Mrs. Abiola Adeyinka, an Assistant Director in the Lagos State Directorate of Public Prosecutions, haven failed to establish a prima facie case against the defendant, no serious court would return a guilty verdict at the end of the trial. The court had no option than to set Jato free."
The Lagos State government had on February 30, 2012 arraigned the soldier on an amended two-count charge of conspiracy to commit felony and receiving stolen property. According to the charge, the offence offends the provision of Sections 427 and 516 of the Criminal Code, Laws of Lagos State, 2003.
Prior to the decision of Justice Akinlade, the prosecution had brought
one Sergeant Akinlade Philips, the investigating police officer (IPO), who told the court that he could not complete the investigation as the case was taken over by the Special Anti-Robbery Squad (SARS), Ikeja.
The IPO also claimed that two other suspects in the alleged stealing of the vehicle at gun point led to a chain of arrests that eventually ended with the defendant. Philips then admitted under cross-examination by the defence counsel that he was seeing Jatto (the defendant) for the first time in court.
About 11 months into Philips' testimony, the prosecution failed to call its next witness and its case was closed for the defence to open.
However, the defence said it was opting for a no-case-to-answer submission. Moving his no-case submission, the soldier through his lawyer informed the trial court that the prosecution failed to adduce enough evidence to warrant calling on the defendant to enter his defence.
According to the freed soldier, "Before a person standing trial for an alleged offence could be called upon to open his defence, the prosecution must first place prima facie evidence before the court to establish the allegation.
"In the instant case, the defendant was charged with the offence of receiving a stolen property and in the evidence of PW1 (first prosecution witness), we humbly submit that there was nowhere the basic elements of the offence have been proved."
But the prosecution urged the court to dismiss the defence counsel's submissions. According to the Lagos State government, "It is our submission that what the court must consider at this stage is whether the evidence adduced by the prosecution is such that discloses a prima facie case against the defendant and not whether the evidence can sustain a conviction."
FRANCIS IWUCHUKWU
A Lagos High Court in Igbosere, presided over by Justice Olabisi Akinlade has discharged a soldier, Yakubu Pius Jatto, accused of receiving a stolen vehicle.
The court in its ruling on the no-case submission instituted by the freed soldier, declared that the case of the prosecution was too weak to warrant calling on the defendant to open his defence.
According to the judge, "The prosecution, led by Mrs. Abiola Adeyinka, an Assistant Director in the Lagos State Directorate of Public Prosecutions, haven failed to establish a prima facie case against the defendant, no serious court would return a guilty verdict at the end of the trial. The court had no option than to set Jato free."
The Lagos State government had on February 30, 2012 arraigned the soldier on an amended two-count charge of conspiracy to commit felony and receiving stolen property. According to the charge, the offence offends the provision of Sections 427 and 516 of the Criminal Code, Laws of Lagos State, 2003.
Prior to the decision of Justice Akinlade, the prosecution had brought
one Sergeant Akinlade Philips, the investigating police officer (IPO), who told the court that he could not complete the investigation as the case was taken over by the Special Anti-Robbery Squad (SARS), Ikeja.
The IPO also claimed that two other suspects in the alleged stealing of the vehicle at gun point led to a chain of arrests that eventually ended with the defendant. Philips then admitted under cross-examination by the defence counsel that he was seeing Jatto (the defendant) for the first time in court.
About 11 months into Philips' testimony, the prosecution failed to call its next witness and its case was closed for the defence to open.
However, the defence said it was opting for a no-case-to-answer submission. Moving his no-case submission, the soldier through his lawyer informed the trial court that the prosecution failed to adduce enough evidence to warrant calling on the defendant to enter his defence.
According to the freed soldier, "Before a person standing trial for an alleged offence could be called upon to open his defence, the prosecution must first place prima facie evidence before the court to establish the allegation.
"In the instant case, the defendant was charged with the offence of receiving a stolen property and in the evidence of PW1 (first prosecution witness), we humbly submit that there was nowhere the basic elements of the offence have been proved."
But the prosecution urged the court to dismiss the defence counsel's submissions. According to the Lagos State government, "It is our submission that what the court must consider at this stage is whether the evidence adduced by the prosecution is such that discloses a prima facie case against the defendant and not whether the evidence can sustain a conviction."
Court frees soldier over alleged vehicle theft
FRANCIS IWUCHUKWU
A Lagos High Court in Igbosere, presided over by Justice Olabisi Akinlade has discharged a soldier, Yakubu Pius Jatto, accused of receiving a stolen vehicle.
The court in its ruling on the no-case submission instituted by the freed soldier, declared that the case of the prosecution was too weak to warrant calling on the defendant to open his defence.
According to the judge, "The prosecution, led by Mrs. Abiola Adeyinka, an Assistant Director in the Lagos State Directorate of Public Prosecutions, haven failed to establish a prima facie case against the defendant, no serious court would return a guilty verdict at the end of the trial. The court had no option than to set Jato free."
The Lagos State government had on February 30, 2012 arraigned the soldier on an amended two-count charge of conspiracy to commit felony and receiving stolen property. According to the charge, the offence offends the provision of Sections 427 and 516 of the Criminal Code, Laws of Lagos State, 2003.
Prior to the decision of Justice Akinlade, the prosecution had brought
one Sergeant Akinlade Philips, the investigating police officer (IPO), who told the court that he could not complete the investigation as the case was taken over by the Special Anti-Robbery Squad (SARS), Ikeja.
The IPO also claimed that two other suspects in the alleged stealing of the vehicle at gun point led to a chain of arrests that eventually ended with the defendant. Philips then admitted under cross-examination by the defence counsel that he was seeing Jatto (the defendant) for the first time in court.
About 11 months into Philips' testimony, the prosecution failed to call its next witness and its case was closed for the defence to open.
However, the defence said it was opting for a no-case-to-answer submission. Moving his no-case submission, the soldier through his lawyer informed the trial court that the prosecution failed to adduce enough evidence to warrant calling on the defendant to enter his defence.
According to the freed soldier, "Before a person standing trial for an alleged offence could be called upon to open his defence, the prosecution must first place prima facie evidence before the court to establish the allegation.
"In the instant case, the defendant was charged with the offence of receiving a stolen property and in the evidence of PW1 (first prosecution witness), we humbly submit that there was nowhere the basic elements of the offence have been proved."
But the prosecution urged the court to dismiss the defence counsel's submissions. According to the Lagos State government, "It is our submission that what the court must consider at this stage is whether the evidence adduced by the prosecution is such that discloses a prima facie case against the defendant and not whether the evidence can sustain a conviction."
FRANCIS IWUCHUKWU
A Lagos High Court in Igbosere, presided over by Justice Olabisi Akinlade has discharged a soldier, Yakubu Pius Jatto, accused of receiving a stolen vehicle.
The court in its ruling on the no-case submission instituted by the freed soldier, declared that the case of the prosecution was too weak to warrant calling on the defendant to open his defence.
According to the judge, "The prosecution, led by Mrs. Abiola Adeyinka, an Assistant Director in the Lagos State Directorate of Public Prosecutions, haven failed to establish a prima facie case against the defendant, no serious court would return a guilty verdict at the end of the trial. The court had no option than to set Jato free."
The Lagos State government had on February 30, 2012 arraigned the soldier on an amended two-count charge of conspiracy to commit felony and receiving stolen property. According to the charge, the offence offends the provision of Sections 427 and 516 of the Criminal Code, Laws of Lagos State, 2003.
Prior to the decision of Justice Akinlade, the prosecution had brought
one Sergeant Akinlade Philips, the investigating police officer (IPO), who told the court that he could not complete the investigation as the case was taken over by the Special Anti-Robbery Squad (SARS), Ikeja.
The IPO also claimed that two other suspects in the alleged stealing of the vehicle at gun point led to a chain of arrests that eventually ended with the defendant. Philips then admitted under cross-examination by the defence counsel that he was seeing Jatto (the defendant) for the first time in court.
About 11 months into Philips' testimony, the prosecution failed to call its next witness and its case was closed for the defence to open.
However, the defence said it was opting for a no-case-to-answer submission. Moving his no-case submission, the soldier through his lawyer informed the trial court that the prosecution failed to adduce enough evidence to warrant calling on the defendant to enter his defence.
According to the freed soldier, "Before a person standing trial for an alleged offence could be called upon to open his defence, the prosecution must first place prima facie evidence before the court to establish the allegation.
"In the instant case, the defendant was charged with the offence of receiving a stolen property and in the evidence of PW1 (first prosecution witness), we humbly submit that there was nowhere the basic elements of the offence have been proved."
But the prosecution urged the court to dismiss the defence counsel's submissions. According to the Lagos State government, "It is our submission that what the court must consider at this stage is whether the evidence adduced by the prosecution is such that discloses a prima facie case against the defendant and not whether the evidence can sustain a conviction."
Traffic Law violation: Commercial bus driver bags 12 weeks imprisonment
FRANCIS IWUCHUKWU
A Magistrates' Court sitting in Ojokoro has sentenced a commercial bus driver, Kazeem Abiodun to 12 weeks imprisonment or pay a N50,000 fine for violating traffic laws.
The 32-year old convict, was sentenced consequent upon his guilty plea to a six-count charge offence before Magistrate Taiwo Akanni
According to the Magistrate, "Having admitted the facts of the six-count charge offence, the accused, is found guilty as charged and accordingly convicted. You are hereby sentenced to 12 weeks imprisonment or pay a fine of N50, 000."
It would be recalled that the prosecutor, Inspector Lugard Ahonle, had informed the judge that Abiodun committed the offences on February 23 on Lagos/Abeokuta Expressway. Ahonle added that, "Adedotun who was driving a Volkswagen commercial bus picked passengers at unauthorised bus-stop, had no road worthiness certificate and Hackney carriage paper."
The prosecutor said the offences offends the provision of Sections 26, 33, 45 and 56 of the Road Traffic Act.
FRANCIS IWUCHUKWU
A Magistrates' Court sitting in Ojokoro has sentenced a commercial bus driver, Kazeem Abiodun to 12 weeks imprisonment or pay a N50,000 fine for violating traffic laws.
The 32-year old convict, was sentenced consequent upon his guilty plea to a six-count charge offence before Magistrate Taiwo Akanni
According to the Magistrate, "Having admitted the facts of the six-count charge offence, the accused, is found guilty as charged and accordingly convicted. You are hereby sentenced to 12 weeks imprisonment or pay a fine of N50, 000."
It would be recalled that the prosecutor, Inspector Lugard Ahonle, had informed the judge that Abiodun committed the offences on February 23 on Lagos/Abeokuta Expressway. Ahonle added that, "Adedotun who was driving a Volkswagen commercial bus picked passengers at unauthorised bus-stop, had no road worthiness certificate and Hackney carriage paper."
The prosecutor said the offences offends the provision of Sections 26, 33, 45 and 56 of the Road Traffic Act.
Alleged heroine importation: Suspect remanded
FRANCIS IWUCHUKWU
A Federal High Court sitting in Ikoyi, presided over by Justice Chukwujekwu Aneke has ordered the remand of a Pakistan citizen, Iftikhar Mohammed in prison custody till September 26, 2014 when his trial will commenced.
Arslan was docked before the judge for allegedly importing 25.4 kg of heroine into the country from Doha, the capital of Qatar, on April 5,2014. In addressing the court, the prosecutor, Mr. Vembe Emmanuel told the court that the accused was arrested with the prohibited drug, at the Murtala Mohammed International Airport, on April 5, during an inward clearance of Qatar Airway flight from Doha.
Emmanuel insisted that the offence allegedly committed by the accused is contrary to and punishable under Section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N 30, Laws of the Federation of Nigeria, 2004.
The charge reads: "That you Iftikhar Mohammad Arslan, male, adult, a Pakistani, on or about April 5, 2014, during an inward clearance of Qatar Airways flight from Doha, at the E-Arrival hall of Murals Mohammed Airport, Ikeja, Lagos, within the jurisdiction of this honourable court without lawful authority, imported 25.4 kilogrammes of heroine, a narcotic drug, and thereby committed an offence contrary to and punishable under section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N30, Laws of the Federation of Nigeria, 2004."
However, the accused pleaded not guilty leading to the prosecutor applying for the remand of the accused in prison's custody pending his trial.
Counsel to the accused, Chief Benson Ndakara, did not opposed remand application of the prosecuting counsel.
The matter has been adjourned till September 26, for trial.
FRANCIS IWUCHUKWU
A Federal High Court sitting in Ikoyi, presided over by Justice Chukwujekwu Aneke has ordered the remand of a Pakistan citizen, Iftikhar Mohammed in prison custody till September 26, 2014 when his trial will commenced.
Arslan was docked before the judge for allegedly importing 25.4 kg of heroine into the country from Doha, the capital of Qatar, on April 5,2014. In addressing the court, the prosecutor, Mr. Vembe Emmanuel told the court that the accused was arrested with the prohibited drug, at the Murtala Mohammed International Airport, on April 5, during an inward clearance of Qatar Airway flight from Doha.
Emmanuel insisted that the offence allegedly committed by the accused is contrary to and punishable under Section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N 30, Laws of the Federation of Nigeria, 2004.
The charge reads: "That you Iftikhar Mohammad Arslan, male, adult, a Pakistani, on or about April 5, 2014, during an inward clearance of Qatar Airways flight from Doha, at the E-Arrival hall of Murals Mohammed Airport, Ikeja, Lagos, within the jurisdiction of this honourable court without lawful authority, imported 25.4 kilogrammes of heroine, a narcotic drug, and thereby committed an offence contrary to and punishable under section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N30, Laws of the Federation of Nigeria, 2004."
However, the accused pleaded not guilty leading to the prosecutor applying for the remand of the accused in prison's custody pending his trial.
Counsel to the accused, Chief Benson Ndakara, did not opposed remand application of the prosecuting counsel.
The matter has been adjourned till September 26, for trial.
Alleged heroine importation: Suspect remanded
FRANCIS IWUCHUKWU
A Federal High Court sitting in Ikoyi, presided over by Justice Chukwujekwu Aneke has ordered the remand of a Pakistan citizen, Iftikhar Mohammed in prison custody till September 26, 2014 when his trial will commenced.
Arslan was docked before the judge for allegedly importing 25.4 kg of heroine into the country from Doha, the capital of Qatar, on April 5,2014. In addressing the court, the prosecutor, Mr. Vembe Emmanuel told the court that the accused was arrested with the prohibited drug, at the Murtala Mohammed International Airport, on April 5, during an inward clearance of Qatar Airway flight from Doha.
Emmanuel insisted that the offence allegedly committed by the accused is contrary to and punishable under Section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N 30, Laws of the Federation of Nigeria, 2004.
The charge reads: "That you Iftikhar Mohammad Arslan, male, adult, a Pakistani, on or about April 5, 2014, during an inward clearance of Qatar Airways flight from Doha, at the E-Arrival hall of Murals Mohammed Airport, Ikeja, Lagos, within the jurisdiction of this honourable court without lawful authority, imported 25.4 kilogrammes of heroine, a narcotic drug, and thereby committed an offence contrary to and punishable under section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N30, Laws of the Federation of Nigeria, 2004."
However, the accused pleaded not guilty leading to the prosecutor applying for the remand of the accused in prison's custody pending his trial.
Counsel to the accused, Chief Benson Ndakara, did not opposed remand application of the prosecuting counsel.
The matter has been adjourned till September 26, for trial.
FRANCIS IWUCHUKWU
A Federal High Court sitting in Ikoyi, presided over by Justice Chukwujekwu Aneke has ordered the remand of a Pakistan citizen, Iftikhar Mohammed in prison custody till September 26, 2014 when his trial will commenced.
Arslan was docked before the judge for allegedly importing 25.4 kg of heroine into the country from Doha, the capital of Qatar, on April 5,2014. In addressing the court, the prosecutor, Mr. Vembe Emmanuel told the court that the accused was arrested with the prohibited drug, at the Murtala Mohammed International Airport, on April 5, during an inward clearance of Qatar Airway flight from Doha.
Emmanuel insisted that the offence allegedly committed by the accused is contrary to and punishable under Section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N 30, Laws of the Federation of Nigeria, 2004.
The charge reads: "That you Iftikhar Mohammad Arslan, male, adult, a Pakistani, on or about April 5, 2014, during an inward clearance of Qatar Airways flight from Doha, at the E-Arrival hall of Murals Mohammed Airport, Ikeja, Lagos, within the jurisdiction of this honourable court without lawful authority, imported 25.4 kilogrammes of heroine, a narcotic drug, and thereby committed an offence contrary to and punishable under section 11(a) of the National Drug Law Enforcement Agency Act, Cap. N30, Laws of the Federation of Nigeria, 2004."
However, the accused pleaded not guilty leading to the prosecutor applying for the remand of the accused in prison's custody pending his trial.
Counsel to the accused, Chief Benson Ndakara, did not opposed remand application of the prosecuting counsel.
The matter has been adjourned till September 26, for trial.
Alleged N25.7b theft: I am not a thief, Atuche tells court
FRANCIS IWUCHUKWU
Sacked former Managing Director (MD) of Bank PHB, Francis Atuche, yesterday debunked the N25.7 billion theft charge instituted against him by the Economic and Financial Crimes Commission (EFCC).
The sacked bank chief who was testifying before Justice Lateefa Okunnu of a Lagos High Court sitting in Ikeja in his ongoing trial over the alleged charge informed the judge that he was not a thief.
Led in evidence by his lawyer, Tayo Oyetibo (SAN), the former MD maintained that his catholic upbringing was responsible for his high moral conduct. According to Atuche, "I am a Catholic. I cannot be a thief. I was baptised in the church and before I left primary school, I have started receiving Holy Communion which I do everyday.
"I cannot receive Holy Communion when I am not in the state of grace. I cannot be a thief because God has been gracious to me."
The removed MD stated further that he had never stolen anything in his life, with a position that
this was attested to by what he termed the excellent testimonial issued to him by the various schools he attended. He intimated the judge that he joined United Bank for Africa Plc (UBA), in Ibadan as a clerk on April 4,1982 and was promoted to the post of supervisor after nine months.
Prior to Atuche's testimony, a businessman and Managing Director of Chris Edik International Limited and Chris Edik Pharmaceutical Limited,
Chief Christian Imoka had informed the court that he was a customer of Bank PHB while Atuche held sway. Imoka also revealed that he was granted several credit facilities by the bank in a faster process than other banks where he indicated the same interest.
The witness explained that often times, he would regularise the transaction after the money had been disbursed, especially when he was outside the country. The businessman also told Justice Okunnu the consequent upon his close relationship with the bank, he later purchased some of its shares for N1.3 billion through a private placement.
However, under cross-examination by lawyer to the anti-graft agency, Mr Kemi Pinheiro (SAN), the witness denied being indebted to Bank PHB's predecessor, Keystone Bank, to the tune of N2.1 billion. According to him, "I am owing the bank less than N100 million and I am paying as at when due because it is a long term loan."
The witness also denied ownership of Platinum Oil and Gas Limited which Pinheiro claimed was used by Atuche to carry out some shady deals. Imoka further informed the judge that
he joined several other shareholders to institute a suit against the Central Bank of Nigeria (CBN) for nationalising Bank PHB.
But inspite the denial, the EFCC lawyer insisted that Imoka's internet profile indicated that he was the owner of Platinum Oil and Gas Limited. The anti-graft agency's lawyer also argued that the witness only came to testify because he was aggrieved with the CBN and Keystone Bank for taking over the bank.
The matter has been adjourned till July 7, 2014 for continuation of trial.
FRANCIS IWUCHUKWU
Sacked former Managing Director (MD) of Bank PHB, Francis Atuche, yesterday debunked the N25.7 billion theft charge instituted against him by the Economic and Financial Crimes Commission (EFCC).
The sacked bank chief who was testifying before Justice Lateefa Okunnu of a Lagos High Court sitting in Ikeja in his ongoing trial over the alleged charge informed the judge that he was not a thief.
Led in evidence by his lawyer, Tayo Oyetibo (SAN), the former MD maintained that his catholic upbringing was responsible for his high moral conduct. According to Atuche, "I am a Catholic. I cannot be a thief. I was baptised in the church and before I left primary school, I have started receiving Holy Communion which I do everyday.
"I cannot receive Holy Communion when I am not in the state of grace. I cannot be a thief because God has been gracious to me."
The removed MD stated further that he had never stolen anything in his life, with a position that
this was attested to by what he termed the excellent testimonial issued to him by the various schools he attended. He intimated the judge that he joined United Bank for Africa Plc (UBA), in Ibadan as a clerk on April 4,1982 and was promoted to the post of supervisor after nine months.
Prior to Atuche's testimony, a businessman and Managing Director of Chris Edik International Limited and Chris Edik Pharmaceutical Limited,
Chief Christian Imoka had informed the court that he was a customer of Bank PHB while Atuche held sway. Imoka also revealed that he was granted several credit facilities by the bank in a faster process than other banks where he indicated the same interest.
The witness explained that often times, he would regularise the transaction after the money had been disbursed, especially when he was outside the country. The businessman also told Justice Okunnu the consequent upon his close relationship with the bank, he later purchased some of its shares for N1.3 billion through a private placement.
However, under cross-examination by lawyer to the anti-graft agency, Mr Kemi Pinheiro (SAN), the witness denied being indebted to Bank PHB's predecessor, Keystone Bank, to the tune of N2.1 billion. According to him, "I am owing the bank less than N100 million and I am paying as at when due because it is a long term loan."
The witness also denied ownership of Platinum Oil and Gas Limited which Pinheiro claimed was used by Atuche to carry out some shady deals. Imoka further informed the judge that
he joined several other shareholders to institute a suit against the Central Bank of Nigeria (CBN) for nationalising Bank PHB.
But inspite the denial, the EFCC lawyer insisted that Imoka's internet profile indicated that he was the owner of Platinum Oil and Gas Limited. The anti-graft agency's lawyer also argued that the witness only came to testify because he was aggrieved with the CBN and Keystone Bank for taking over the bank.
The matter has been adjourned till July 7, 2014 for continuation of trial.
PDP national secretary: Judge to hear Oyinlola, others objection June 30
FRANCIS IWUCHUKWU
A Federal High Court sitting in Ikoyi, Lagos presided over by Justice
Chukwujekwu Aneke, has fixed June 30, 2014 to entertain the suit questioning the recognition of Prince Olagunsoye Oyinlola as the National Secretary of the Peoples Democratic Party (PDP).
It would be recalled that the plaintiffs which includes; state chairmen of the party in Ogun, Oyo, Osun and Ondo as well as financial secretaries in Lagos and Ekiti, Chief Adebayo Dayo, Alhaji Olayinka Taiwo, Alhaji Gani Olaoluwa, Chief Ebenezer Alabi, Dr. Tope Aluko and Chief Taiwo Kuye had instituted the action through an amended Originating Summons designated FHC/L/CS/122/14.
The had prayed the judge to issue an order on the
Independent National Electoral Commission (INEC) to recognise Professor Olawale Oladipo as the national secretary of the PDP in the suit which has as respondents: INEC, PDP and Oyinlola.
The Court of Appeal had reinstated Oyinlola on November 6, 2014. But not happy with the decision, the respondents/appellants proceeded to the Supreme Court to challenge the ruling.
While the ruling subsists, the PDP announced the suspension of Oyinlola, prompting him to file another action at the Federal High Court, Abuja, challenging his suspension.
At Wednesday's proceeding on the matter, lawyer to INEC,
Vilba Kintai raised a preliminary objection, praying the judge to throw out the suit for lack of jurisdiction. The electoral body stated that it does not recognise Oladipo as the national secretary of the PDP on the reason that the leadership of the party had not produced any court order to that effect as advised.
According to the lawyer, "This court does not have the jurisdiction to entertain this matter. It should be struck out." INEC maintained that the issue brought by the plaintiff was an intra-party dispute, which according to it the court is bereft of jurisdiction over.
Kintai also argued that the suit brought against the commission had no cause of action and asked the court to either dismiss same, strike it out, or strike its name off as a respondent.
Even, Oyinlola's lawyer,
Gbeyoga Oyewole filed a preliminary objection and counter affidavit seeking the dismissal of the suit. The lawyer also
maintained that the suit is subjudice because according to him, a sister case that borders on the res is existing in a court in Abuja. Oyewole said, "The matter cannot be entertained by your lordship in order to avoid conflicting decisions."
Oyinlola's lawyer also posited that the man who the plaintiffs are seeking to be pronounced the national secretary of the PDP is not even a party to the present suit, adding that, "How can you cry more than the bereaved? Can you shave a man’s hair in his absence?"
However, counsel to the plaintiff, Ifeoma Esom prayed the court to dismiss the preliminary objections raised by the defendants.
FRANCIS IWUCHUKWU
A Federal High Court sitting in Ikoyi, Lagos presided over by Justice
Chukwujekwu Aneke, has fixed June 30, 2014 to entertain the suit questioning the recognition of Prince Olagunsoye Oyinlola as the National Secretary of the Peoples Democratic Party (PDP).
It would be recalled that the plaintiffs which includes; state chairmen of the party in Ogun, Oyo, Osun and Ondo as well as financial secretaries in Lagos and Ekiti, Chief Adebayo Dayo, Alhaji Olayinka Taiwo, Alhaji Gani Olaoluwa, Chief Ebenezer Alabi, Dr. Tope Aluko and Chief Taiwo Kuye had instituted the action through an amended Originating Summons designated FHC/L/CS/122/14.
The had prayed the judge to issue an order on the
Independent National Electoral Commission (INEC) to recognise Professor Olawale Oladipo as the national secretary of the PDP in the suit which has as respondents: INEC, PDP and Oyinlola.
The Court of Appeal had reinstated Oyinlola on November 6, 2014. But not happy with the decision, the respondents/appellants proceeded to the Supreme Court to challenge the ruling.
While the ruling subsists, the PDP announced the suspension of Oyinlola, prompting him to file another action at the Federal High Court, Abuja, challenging his suspension.
At Wednesday's proceeding on the matter, lawyer to INEC,
Vilba Kintai raised a preliminary objection, praying the judge to throw out the suit for lack of jurisdiction. The electoral body stated that it does not recognise Oladipo as the national secretary of the PDP on the reason that the leadership of the party had not produced any court order to that effect as advised.
According to the lawyer, "This court does not have the jurisdiction to entertain this matter. It should be struck out." INEC maintained that the issue brought by the plaintiff was an intra-party dispute, which according to it the court is bereft of jurisdiction over.
Kintai also argued that the suit brought against the commission had no cause of action and asked the court to either dismiss same, strike it out, or strike its name off as a respondent.
Even, Oyinlola's lawyer,
Gbeyoga Oyewole filed a preliminary objection and counter affidavit seeking the dismissal of the suit. The lawyer also
maintained that the suit is subjudice because according to him, a sister case that borders on the res is existing in a court in Abuja. Oyewole said, "The matter cannot be entertained by your lordship in order to avoid conflicting decisions."
Oyinlola's lawyer also posited that the man who the plaintiffs are seeking to be pronounced the national secretary of the PDP is not even a party to the present suit, adding that, "How can you cry more than the bereaved? Can you shave a man’s hair in his absence?"
However, counsel to the plaintiff, Ifeoma Esom prayed the court to dismiss the preliminary objections raised by the defendants.
Friday, June 27, 2014
53 terrorists killed in raid on Borno hideout -Military
The Defence Headquarters said on Friday that no fewer than 50 suspected terrorists died during a raid on a makeshift camp used by terrorists in Miyanti and Bulungu, Borno State.
In a statement posted on its website, the Defence Headquarters said 53 terrorists died in the encounter, while the troops lost two of their men, and five others received injuries.
The statement said a fuel dump used for storing fuel, vehicles, including Toyota Hilux trucks, and seven motorcycles were destroyed in the raid.
It also said 15 rifles, 11 machine guns and ammunition were captured by the troops.
The statement read, “In a separate encounter around Duguri, near the Nigeria–Niger border, troops of the Multinational Joint Task Force stormed a terrorists’ hideout in a raid.
“The troops recovered 18 rifles, five general purpose machine guns, 25 hand grenades and IED making materials.’’
It said a suspected gunrunner was apprehended and was being interrogated in connection with the seizures.
It said the suspect was arrested during a cordon-and-search operation by troops.
The statement said 15 other suspects were being detained in Abuja after a raid that led to the recovery of seven rifles, pistols, swords and other weapons.
It said military operations to track armed gangs would be sustained in various locations.
On the Wednesday’s explosion in Abuja, the statement said more explosives were seized from two suspects believed to have coordinated the bombing of Emab Shopping Plaza in Wuse.
It added, “Bystanders at the scene of the explosion alerted soldiers on patrol to the two suspects, who were speeding off on a power bike.
“The soldiers pursued the fleeing suspects and shot at one who fell off the bike with his bag, while the rider escaped through the crowd.
“The bag recovered from the suspect was later confirmed to contain a package of IED and other accessories.
The statement said the accessories included stop clock, mobile phones and other materials used for setting off explosives.
The statement explained that the suspect, who was shot, later died in a hospital while yelling, “People will die! People will die!” (NAN)
The Defence Headquarters said on Friday that no fewer than 50 suspected terrorists died during a raid on a makeshift camp used by terrorists in Miyanti and Bulungu, Borno State.
In a statement posted on its website, the Defence Headquarters said 53 terrorists died in the encounter, while the troops lost two of their men, and five others received injuries.
The statement said a fuel dump used for storing fuel, vehicles, including Toyota Hilux trucks, and seven motorcycles were destroyed in the raid.
It also said 15 rifles, 11 machine guns and ammunition were captured by the troops.
The statement read, “In a separate encounter around Duguri, near the Nigeria–Niger border, troops of the Multinational Joint Task Force stormed a terrorists’ hideout in a raid.
“The troops recovered 18 rifles, five general purpose machine guns, 25 hand grenades and IED making materials.’’
It said a suspected gunrunner was apprehended and was being interrogated in connection with the seizures.
It said the suspect was arrested during a cordon-and-search operation by troops.
The statement said 15 other suspects were being detained in Abuja after a raid that led to the recovery of seven rifles, pistols, swords and other weapons.
It said military operations to track armed gangs would be sustained in various locations.
On the Wednesday’s explosion in Abuja, the statement said more explosives were seized from two suspects believed to have coordinated the bombing of Emab Shopping Plaza in Wuse.
It added, “Bystanders at the scene of the explosion alerted soldiers on patrol to the two suspects, who were speeding off on a power bike.
“The soldiers pursued the fleeing suspects and shot at one who fell off the bike with his bag, while the rider escaped through the crowd.
“The bag recovered from the suspect was later confirmed to contain a package of IED and other accessories.
The statement said the accessories included stop clock, mobile phones and other materials used for setting off explosives.
The statement explained that the suspect, who was shot, later died in a hospital while yelling, “People will die! People will die!” (NAN)
53 terrorists killed in raid on Borno hideout -Military
The Defence Headquarters said on Friday that no fewer than 50 suspected terrorists died during a raid on a makeshift camp used by terrorists in Miyanti and Bulungu, Borno State.
In a statement posted on its website, the Defence Headquarters said 53 terrorists died in the encounter, while the troops lost two of their men, and five others received injuries.
The statement said a fuel dump used for storing fuel, vehicles, including Toyota Hilux trucks, and seven motorcycles were destroyed in the raid.
It also said 15 rifles, 11 machine guns and ammunition were captured by the troops.
The statement read, “In a separate encounter around Duguri, near the Nigeria–Niger border, troops of the Multinational Joint Task Force stormed a terrorists’ hideout in a raid.
“The troops recovered 18 rifles, five general purpose machine guns, 25 hand grenades and IED making materials.’’
It said a suspected gunrunner was apprehended and was being interrogated in connection with the seizures.
It said the suspect was arrested during a cordon-and-search operation by troops.
The statement said 15 other suspects were being detained in Abuja after a raid that led to the recovery of seven rifles, pistols, swords and other weapons.
It said military operations to track armed gangs would be sustained in various locations.
On the Wednesday’s explosion in Abuja, the statement said more explosives were seized from two suspects believed to have coordinated the bombing of Emab Shopping Plaza in Wuse.
It added, “Bystanders at the scene of the explosion alerted soldiers on patrol to the two suspects, who were speeding off on a power bike.
“The soldiers pursued the fleeing suspects and shot at one who fell off the bike with his bag, while the rider escaped through the crowd.
“The bag recovered from the suspect was later confirmed to contain a package of IED and other accessories.
The statement said the accessories included stop clock, mobile phones and other materials used for setting off explosives.
The statement explained that the suspect, who was shot, later died in a hospital while yelling, “People will die! People will die!” (NAN)
The Defence Headquarters said on Friday that no fewer than 50 suspected terrorists died during a raid on a makeshift camp used by terrorists in Miyanti and Bulungu, Borno State.
In a statement posted on its website, the Defence Headquarters said 53 terrorists died in the encounter, while the troops lost two of their men, and five others received injuries.
The statement said a fuel dump used for storing fuel, vehicles, including Toyota Hilux trucks, and seven motorcycles were destroyed in the raid.
It also said 15 rifles, 11 machine guns and ammunition were captured by the troops.
The statement read, “In a separate encounter around Duguri, near the Nigeria–Niger border, troops of the Multinational Joint Task Force stormed a terrorists’ hideout in a raid.
“The troops recovered 18 rifles, five general purpose machine guns, 25 hand grenades and IED making materials.’’
It said a suspected gunrunner was apprehended and was being interrogated in connection with the seizures.
It said the suspect was arrested during a cordon-and-search operation by troops.
The statement said 15 other suspects were being detained in Abuja after a raid that led to the recovery of seven rifles, pistols, swords and other weapons.
It said military operations to track armed gangs would be sustained in various locations.
On the Wednesday’s explosion in Abuja, the statement said more explosives were seized from two suspects believed to have coordinated the bombing of Emab Shopping Plaza in Wuse.
It added, “Bystanders at the scene of the explosion alerted soldiers on patrol to the two suspects, who were speeding off on a power bike.
“The soldiers pursued the fleeing suspects and shot at one who fell off the bike with his bag, while the rider escaped through the crowd.
“The bag recovered from the suspect was later confirmed to contain a package of IED and other accessories.
The statement said the accessories included stop clock, mobile phones and other materials used for setting off explosives.
The statement explained that the suspect, who was shot, later died in a hospital while yelling, “People will die! People will die!” (NAN)
FoI Act: Appeal Court Judge berates Lagos government
FRANCIS IWUCHUKWU
A serving judge of the Calabar division of the Court of Appeal, Justice Chima Nweze, has pounced on the Lagos State government over its argument against the
Freedom of Information (FOI) Act, with a position that the posture of the Babatunde Fashola led government was not only misconceived, but also not in accordance with the provisions of the law.
Speaking at a one day seminar organised by the Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with MacArthur Foundation on the role of lawyers and judges in the implementation of FOI Act, Justice Nweze maintained that it was an abuse of language for a state government to claim that it cannot implement FOI Act until it is domesticated in such state.
The Appeal Court judge held that domestication relates to international treaties and agreements signed by the Federal Government, and that it was improper for a state government to hide under such to avoid implementing the FOI Act.
Justice Nweze posited that it was unthinkable for a state government to argue in that direction, because according to him, the FOI Act, which was passed by the National Assembly apply to all public institutions in all arms of government and private entities utilising public funds, performing public functions or providing public services.
He stressed that it
was time for substantive issues of law to be addressed and handled by the courts rather than technicalities. Accordiing to Justice Nweze, "You see, go and read our law reports, you will find out that 80 percent of the judgments and rulings by our courts are on procedure and not on substantive issues. With greatest respect, we must go beyond that."
It would be recalled that the Lagos State government had in a counter affidavit to an FOI action instituted at the Federal High Court sitting in Ikoyi, praying it for details of government spending on education, especially the $90 million World Bank loan, argued that the FoI Act was not applicable to Lagos State, because the law was a federal legislation.
The Lagos State government had further
Insisted that since the FoI Act was a federal legislation, it was only applicable in relation to public records of government of the federation and not of the states.
In his address of welcome, Executive Director of SERAP, Adetokunbo Mumuni stressed that findings of his shows that awareness about the FOI Act was still very much limited not only among members of the public in general, but even among learned people including lawyers and judges.
He said, "It is for the above reason that the title of this seminar becomes apt. We do not claim to have the comprehensive knowledge of what the role of lawyers and judges should be in the implementation of the FOI Act. It is precisely because of this fact that we have provided this platform for the purpose of branstorming so that we can educate and inform ourselves on this very important legislation, the leverage and opportunity provided by it in the enhancement of transparency and accountability in government business and therefore as anti-corruption tool."
FRANCIS IWUCHUKWU
A serving judge of the Calabar division of the Court of Appeal, Justice Chima Nweze, has pounced on the Lagos State government over its argument against the
Freedom of Information (FOI) Act, with a position that the posture of the Babatunde Fashola led government was not only misconceived, but also not in accordance with the provisions of the law.
Speaking at a one day seminar organised by the Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with MacArthur Foundation on the role of lawyers and judges in the implementation of FOI Act, Justice Nweze maintained that it was an abuse of language for a state government to claim that it cannot implement FOI Act until it is domesticated in such state.
The Appeal Court judge held that domestication relates to international treaties and agreements signed by the Federal Government, and that it was improper for a state government to hide under such to avoid implementing the FOI Act.
Justice Nweze posited that it was unthinkable for a state government to argue in that direction, because according to him, the FOI Act, which was passed by the National Assembly apply to all public institutions in all arms of government and private entities utilising public funds, performing public functions or providing public services.
He stressed that it
was time for substantive issues of law to be addressed and handled by the courts rather than technicalities. Accordiing to Justice Nweze, "You see, go and read our law reports, you will find out that 80 percent of the judgments and rulings by our courts are on procedure and not on substantive issues. With greatest respect, we must go beyond that."
It would be recalled that the Lagos State government had in a counter affidavit to an FOI action instituted at the Federal High Court sitting in Ikoyi, praying it for details of government spending on education, especially the $90 million World Bank loan, argued that the FoI Act was not applicable to Lagos State, because the law was a federal legislation.
The Lagos State government had further
Insisted that since the FoI Act was a federal legislation, it was only applicable in relation to public records of government of the federation and not of the states.
In his address of welcome, Executive Director of SERAP, Adetokunbo Mumuni stressed that findings of his shows that awareness about the FOI Act was still very much limited not only among members of the public in general, but even among learned people including lawyers and judges.
He said, "It is for the above reason that the title of this seminar becomes apt. We do not claim to have the comprehensive knowledge of what the role of lawyers and judges should be in the implementation of the FOI Act. It is precisely because of this fact that we have provided this platform for the purpose of branstorming so that we can educate and inform ourselves on this very important legislation, the leverage and opportunity provided by it in the enhancement of transparency and accountability in government business and therefore as anti-corruption tool."
FoI Act: Appeal Court Judge berates Lagos government
FRANCIS IWUCHUKWU
A serving judge of the Calabar division of the Court of Appeal, Justice Chima Nweze, has pounced on the Lagos State government over its argument against the
Freedom of Information (FOI) Act, with a position that the posture of the Babatunde Fashola led government was not only misconceived, but also not in accordance with the provisions of the law.
Speaking at a one day seminar organised by the Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with MacArthur Foundation on the role of lawyers and judges in the implementation of FOI Act, Justice Nweze maintained that it was an abuse of language for a state government to claim that it cannot implement FOI Act until it is domesticated in such state.
The Appeal Court judge held that domestication relates to international treaties and agreements signed by the Federal Government, and that it was improper for a state government to hide under such to avoid implementing the FOI Act.
Justice Nweze posited that it was unthinkable for a state government to argue in that direction, because according to him, the FOI Act, which was passed by the National Assembly apply to all public institutions in all arms of government and private entities utilising public funds, performing public functions or providing public services.
He stressed that it
was time for substantive issues of law to be addressed and handled by the courts rather than technicalities. Accordiing to Justice Nweze, "You see, go and read our law reports, you will find out that 80 percent of the judgments and rulings by our courts are on procedure and not on substantive issues. With greatest respect, we must go beyond that."
It would be recalled that the Lagos State government had in a counter affidavit to an FOI action instituted at the Federal High Court sitting in Ikoyi, praying it for details of government spending on education, especially the $90 million World Bank loan, argued that the FoI Act was not applicable to Lagos State, because the law was a federal legislation.
The Lagos State government had further
Insisted that since the FoI Act was a federal legislation, it was only applicable in relation to public records of government of the federation and not of the states.
In his address of welcome, Executive Director of SERAP, Adetokunbo Mumuni stressed that findings of his shows that awareness about the FOI Act was still very much limited not only among members of the public in general, but even among learned people including lawyers and judges.
He said, "It is for the above reason that the title of this seminar becomes apt. We do not claim to have the comprehensive knowledge of what the role of lawyers and judges should be in the implementation of the FOI Act. It is precisely because of this fact that we have provided this platform for the purpose of branstorming so that we can educate and inform ourselves on this very important legislation, the leverage and opportunity provided by it in the enhancement of transparency and accountability in government business and therefore as anti-corruption tool."
FRANCIS IWUCHUKWU
A serving judge of the Calabar division of the Court of Appeal, Justice Chima Nweze, has pounced on the Lagos State government over its argument against the
Freedom of Information (FOI) Act, with a position that the posture of the Babatunde Fashola led government was not only misconceived, but also not in accordance with the provisions of the law.
Speaking at a one day seminar organised by the Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with MacArthur Foundation on the role of lawyers and judges in the implementation of FOI Act, Justice Nweze maintained that it was an abuse of language for a state government to claim that it cannot implement FOI Act until it is domesticated in such state.
The Appeal Court judge held that domestication relates to international treaties and agreements signed by the Federal Government, and that it was improper for a state government to hide under such to avoid implementing the FOI Act.
Justice Nweze posited that it was unthinkable for a state government to argue in that direction, because according to him, the FOI Act, which was passed by the National Assembly apply to all public institutions in all arms of government and private entities utilising public funds, performing public functions or providing public services.
He stressed that it
was time for substantive issues of law to be addressed and handled by the courts rather than technicalities. Accordiing to Justice Nweze, "You see, go and read our law reports, you will find out that 80 percent of the judgments and rulings by our courts are on procedure and not on substantive issues. With greatest respect, we must go beyond that."
It would be recalled that the Lagos State government had in a counter affidavit to an FOI action instituted at the Federal High Court sitting in Ikoyi, praying it for details of government spending on education, especially the $90 million World Bank loan, argued that the FoI Act was not applicable to Lagos State, because the law was a federal legislation.
The Lagos State government had further
Insisted that since the FoI Act was a federal legislation, it was only applicable in relation to public records of government of the federation and not of the states.
In his address of welcome, Executive Director of SERAP, Adetokunbo Mumuni stressed that findings of his shows that awareness about the FOI Act was still very much limited not only among members of the public in general, but even among learned people including lawyers and judges.
He said, "It is for the above reason that the title of this seminar becomes apt. We do not claim to have the comprehensive knowledge of what the role of lawyers and judges should be in the implementation of the FOI Act. It is precisely because of this fact that we have provided this platform for the purpose of branstorming so that we can educate and inform ourselves on this very important legislation, the leverage and opportunity provided by it in the enhancement of transparency and accountability in government business and therefore as anti-corruption tool."
FoI Act: Appeal Court Judge berates Lagos government
FRANCIS IWUCHUKWU
A serving judge of the Calabar division of the Court of Appeal, Justice Chima Nweze, has pounced on the Lagos State government over its argument against the
Freedom of Information (FOI) Act, with a position that the posture of the Babatunde Fashola led government was not only misconceived, but also not in accordance with the provisions of the law.
Speaking at a one day seminar organised by the Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with MacArthur Foundation on the role of lawyers and judges in the implementation of FOI Act, Justice Nweze maintained that it was an abuse of language for a state government to claim that it cannot implement FOI Act until it is domesticated in such state.
The Appeal Court judge held that domestication relates to international treaties and agreements signed by the Federal Government, and that it was improper for a state government to hide under such to avoid implementing the FOI Act.
Justice Nweze posited that it was unthinkable for a state government to argue in that direction, because according to him, the FOI Act, which was passed by the National Assembly apply to all public institutions in all arms of government and private entities utilising public funds, performing public functions or providing public services.
He stressed that it
was time for substantive issues of law to be addressed and handled by the courts rather than technicalities. Accordiing to Justice Nweze, "You see, go and read our law reports, you will find out that 80 percent of the judgments and rulings by our courts are on procedure and not on substantive issues. With greatest respect, we must go beyond that."
It would be recalled that the Lagos State government had in a counter affidavit to an FOI action instituted at the Federal High Court sitting in Ikoyi, praying it for details of government spending on education, especially the $90 million World Bank loan, argued that the FoI Act was not applicable to Lagos State, because the law was a federal legislation.
The Lagos State government had further
Insisted that since the FoI Act was a federal legislation, it was only applicable in relation to public records of government of the federation and not of the states.
In his address of welcome, Executive Director of SERAP, Adetokunbo Mumuni stressed that findings of his shows that awareness about the FOI Act was still very much limited not only among members of the public in general, but even among learned people including lawyers and judges.
He said, "It is for the above reason that the title of this seminar becomes apt. We do not claim to have the comprehensive knowledge of what the role of lawyers and judges should be in the implementation of the FOI Act. It is precisely because of this fact that we have provided this platform for the purpose of branstorming so that we can educate and inform ourselves on this very important legislation, the leverage and opportunity provided by it in the enhancement of transparency and accountability in government business and therefore as anti-corruption tool."
FRANCIS IWUCHUKWU
A serving judge of the Calabar division of the Court of Appeal, Justice Chima Nweze, has pounced on the Lagos State government over its argument against the
Freedom of Information (FOI) Act, with a position that the posture of the Babatunde Fashola led government was not only misconceived, but also not in accordance with the provisions of the law.
Speaking at a one day seminar organised by the Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with MacArthur Foundation on the role of lawyers and judges in the implementation of FOI Act, Justice Nweze maintained that it was an abuse of language for a state government to claim that it cannot implement FOI Act until it is domesticated in such state.
The Appeal Court judge held that domestication relates to international treaties and agreements signed by the Federal Government, and that it was improper for a state government to hide under such to avoid implementing the FOI Act.
Justice Nweze posited that it was unthinkable for a state government to argue in that direction, because according to him, the FOI Act, which was passed by the National Assembly apply to all public institutions in all arms of government and private entities utilising public funds, performing public functions or providing public services.
He stressed that it
was time for substantive issues of law to be addressed and handled by the courts rather than technicalities. Accordiing to Justice Nweze, "You see, go and read our law reports, you will find out that 80 percent of the judgments and rulings by our courts are on procedure and not on substantive issues. With greatest respect, we must go beyond that."
It would be recalled that the Lagos State government had in a counter affidavit to an FOI action instituted at the Federal High Court sitting in Ikoyi, praying it for details of government spending on education, especially the $90 million World Bank loan, argued that the FoI Act was not applicable to Lagos State, because the law was a federal legislation.
The Lagos State government had further
Insisted that since the FoI Act was a federal legislation, it was only applicable in relation to public records of government of the federation and not of the states.
In his address of welcome, Executive Director of SERAP, Adetokunbo Mumuni stressed that findings of his shows that awareness about the FOI Act was still very much limited not only among members of the public in general, but even among learned people including lawyers and judges.
He said, "It is for the above reason that the title of this seminar becomes apt. We do not claim to have the comprehensive knowledge of what the role of lawyers and judges should be in the implementation of the FOI Act. It is precisely because of this fact that we have provided this platform for the purpose of branstorming so that we can educate and inform ourselves on this very important legislation, the leverage and opportunity provided by it in the enhancement of transparency and accountability in government business and therefore as anti-corruption tool."
N1.8b fuel subsidy fraud: Court throws out Tukur, Ochonogor's application to quash charge
FRANCIS IWUCHUKWU
Justice Lateef Lawal-Akapo of an Ikeja High Court, today rejected an application instituted by two oil marketers, Mahmud Tukur and Alex Ochonogor, asking the court to quash the N1.8 billion fuel subsidy fraud charge made against them by the Economic and Financial Crimes Commission (EFCC).
Specifically, the judge in a ruling declared that the application was premature. Justice Lateef-Akapo declared that some of the issues raised by their counsel, Tayo Oyetibo (SAN), particularly the sufficiency of evidence in the charge against the defendants, could be raised after the prosecution closes its case.
According to the judge, "It is the law that the court cannot delve into substantive issues at the interlocutory stage. Section 260 (2) of the ACJL provides that an objection to the sufficiency of the proof of evidence shall not be raised until the closure of the prosecution's case.
"The provision is a mandatory requirement which renders the application premature."
The marketers and their company, Eterna Plc it would be recalled are standing trial alongside another marketer, Abdullahi Alao. The anti-graft agency had stated that the defendants obtained the fund from the Petroleum Support Fund for a purported importation of 80.3 million litres of Premium Motor Spirit.
In moving his application, Oyetibo had stressed that the proof of evidence did not support the offences alleged against them. The senior lawyer also maintained that the criminal charge against his clients was an abuse of court process and they should be discharged.
According to the SAN, "The charge before the court arose from a joint venture agreement between Eterna Plc, Axenergy Ltd., Sahara Energy Resources and Ontario Oil for the importation of fuel."
Oyetibo also explained that Section 10 of the Advance Fee Fraud Act did not empower the EFCC to charge the defendants to court for transactions carried out by Eterna Plc.
But in responding, lawyer to the anti-graft agency, Rotimi Jacobs (SAN), pointed out that Section 260 (2) of the Administration of Criminal Justice Law of Lagos State prohibited the court from entertaining such applications.
The trial court adjourned the matter till September 15, 2014 for commencement of trial.
FRANCIS IWUCHUKWU
Justice Lateef Lawal-Akapo of an Ikeja High Court, today rejected an application instituted by two oil marketers, Mahmud Tukur and Alex Ochonogor, asking the court to quash the N1.8 billion fuel subsidy fraud charge made against them by the Economic and Financial Crimes Commission (EFCC).
Specifically, the judge in a ruling declared that the application was premature. Justice Lateef-Akapo declared that some of the issues raised by their counsel, Tayo Oyetibo (SAN), particularly the sufficiency of evidence in the charge against the defendants, could be raised after the prosecution closes its case.
According to the judge, "It is the law that the court cannot delve into substantive issues at the interlocutory stage. Section 260 (2) of the ACJL provides that an objection to the sufficiency of the proof of evidence shall not be raised until the closure of the prosecution's case.
"The provision is a mandatory requirement which renders the application premature."
The marketers and their company, Eterna Plc it would be recalled are standing trial alongside another marketer, Abdullahi Alao. The anti-graft agency had stated that the defendants obtained the fund from the Petroleum Support Fund for a purported importation of 80.3 million litres of Premium Motor Spirit.
In moving his application, Oyetibo had stressed that the proof of evidence did not support the offences alleged against them. The senior lawyer also maintained that the criminal charge against his clients was an abuse of court process and they should be discharged.
According to the SAN, "The charge before the court arose from a joint venture agreement between Eterna Plc, Axenergy Ltd., Sahara Energy Resources and Ontario Oil for the importation of fuel."
Oyetibo also explained that Section 10 of the Advance Fee Fraud Act did not empower the EFCC to charge the defendants to court for transactions carried out by Eterna Plc.
But in responding, lawyer to the anti-graft agency, Rotimi Jacobs (SAN), pointed out that Section 260 (2) of the Administration of Criminal Justice Law of Lagos State prohibited the court from entertaining such applications.
The trial court adjourned the matter till September 15, 2014 for commencement of trial.
Jonathan visits Abuja bomb blast scene
President Goodluck Jonathan on Friday visited the EMAB Plaza, scene of the Wednesday’s bomb blast that claimed at least 22 lives in Abuja.
He also visited the Maitama District Hospital, where those who sustained varying degrees of injuries are receiving treatment.
Jonathan, who arrived the scene of the blast at about 11.10am, was briefed at the spot where the bomb went off by an Assistant Inspector-General of Police, Mr. Suleiman Abba.
He was accompanied by the Minister of Health, Prof. Onyebuchi Chukwu; his Chief of Staff, Brig.-Gen. Jones Arogbofa, and other top government officials.
He spent about five minutes before moving to the hospital under tight security.
After he was conducted round the wards, where the injured were being attended to by the hospital’s Chief Medical Director, Dr. Adetoun Adetimehin, the President spoke with journalists.
He urged Nigerians to bear the pains as security agencies worked hard to end insurgency in parts of the country.
Jonathan described the insurgency as one of the darkest phases of the country’s history.
He said even as the President of the country, he had been having his fair share of the pains as he could not go to everywhere he would have loved to go.
The President said it was regrettable that while some Nigerians were busy engaging in nation building, some others were busy killing their compatriots.
President Goodluck Jonathan on Friday visited the EMAB Plaza, scene of the Wednesday’s bomb blast that claimed at least 22 lives in Abuja.
He also visited the Maitama District Hospital, where those who sustained varying degrees of injuries are receiving treatment.
Jonathan, who arrived the scene of the blast at about 11.10am, was briefed at the spot where the bomb went off by an Assistant Inspector-General of Police, Mr. Suleiman Abba.
He was accompanied by the Minister of Health, Prof. Onyebuchi Chukwu; his Chief of Staff, Brig.-Gen. Jones Arogbofa, and other top government officials.
He spent about five minutes before moving to the hospital under tight security.
After he was conducted round the wards, where the injured were being attended to by the hospital’s Chief Medical Director, Dr. Adetoun Adetimehin, the President spoke with journalists.
He urged Nigerians to bear the pains as security agencies worked hard to end insurgency in parts of the country.
Jonathan described the insurgency as one of the darkest phases of the country’s history.
He said even as the President of the country, he had been having his fair share of the pains as he could not go to everywhere he would have loved to go.
The President said it was regrettable that while some Nigerians were busy engaging in nation building, some others were busy killing their compatriots.
Truck crushes seven, injures others on Lagos-Ibadan Expressway
No fewer than seven people died in a road crash in Isheri, Ogun State, along the Lagos-Ibadan Expressway, on Friday morning.
Several commuters, traders and pedestrians were also said to have been injured.
Eyewitnesses said the casualty figure might be high as some people were believed to have been trapped under one of the trucks involved in the accident.
The accident reportedly occurred when a moving truck, with a logo of Indomie, ran into a faulty heavy-duty vehicle, which was parked on the expressway without a warning sign.
One of the vehicles involved in the crash was a “mini-truck carrying labour hands to a building site,” eyewitnesses said.
An official, who worked for a firm which hired the artisans, claimed that “eight of our boys died.”
Motorists were trapped in the resulting gridlock as the lane leading out of the Berger end of the expressway was blocked while motorists, in their desperation to beat the logjam, moved to the other lane, blocking motorists on their way to Lagos.
The Federal Road Safety Commission, the Police, Army, the Ogun State Traffic Compliance and Enforcement Corps and the National Emergency Management Agency among others were seen trying to rescue the injured and restore sanity to the highway.
No fewer than seven people died in a road crash in Isheri, Ogun State, along the Lagos-Ibadan Expressway, on Friday morning.
Several commuters, traders and pedestrians were also said to have been injured.
Eyewitnesses said the casualty figure might be high as some people were believed to have been trapped under one of the trucks involved in the accident.
The accident reportedly occurred when a moving truck, with a logo of Indomie, ran into a faulty heavy-duty vehicle, which was parked on the expressway without a warning sign.
One of the vehicles involved in the crash was a “mini-truck carrying labour hands to a building site,” eyewitnesses said.
An official, who worked for a firm which hired the artisans, claimed that “eight of our boys died.”
Motorists were trapped in the resulting gridlock as the lane leading out of the Berger end of the expressway was blocked while motorists, in their desperation to beat the logjam, moved to the other lane, blocking motorists on their way to Lagos.
The Federal Road Safety Commission, the Police, Army, the Ogun State Traffic Compliance and Enforcement Corps and the National Emergency Management Agency among others were seen trying to rescue the injured and restore sanity to the highway.
Alleged N446.3bn Abacha loot: Is FG fighting corruption?
FRANCIS IWUCHUKWU
In what came as shocking to many Nigerians, the President Goodluck Jonathan led Federal Government (FG) through the Attorney-General of the Federation (AGF) and Justice Minister, Mohammed Adoke (SAN), on Wednesday June 18, 2014 withdrew the N446.3bn theft charges filed at the High Court of the Federal Capital Territory, in Wuse Zone 2, Abuja against Mohammed Abacha; son of a late military dictator, General Sani Abacha.
It would be recalled that the FG which had earlier filed a nine counts charge of stealing against the young Abacha in February 2014 had accused him of unlawfully receiving N446.3bn allegedly carted away from stolen government’s coffers between 1995 and 1998.
However, Daniel Enwelum who appeared on behalf of the AGF urged the court presided over by Justice Mamman Kolo to throw out the charges on the grounds of “fresh facts” that just emerged concerning the case. In his application before the court, Enwelum stated that, "I have been instructed by the AGF and Minister of Justice to withdraw the charges as presently filed before this court, because there are fresh facts and documents available to him.
"In this circumstance, he instructed me to file a notice of withdrawal without prejudice to future cause of action to be taken by his (AGF’s) office. In the light of that, I have filed a Notice of Withdrawal dated June 17, 2014. I humbly apply to withdraw the charges accordingly."
This development was however not opposed by Abdullahi Haruna, lawyer to the young Abacha, prompting Justice Kolo to Order the striking out of the charge against the accused. According to the charge, the FG accused Abacha of, "Dishonestly receiving stolen property and voluntarily assisted in concealing money."
Senior Advocate of Nigeria (SAN), Femi Falana insisted that, "Withdrawal of such grave corruption charges has serious implications for prosecuting anti-graft cases. On the basis of equality before the law, anyone being prosecuted for fraud or corruption can file applications to have their cases withdrawn and struck out by all criminal courts in Nigeria. By the way, has the loot of N400bn been refunded by Mr. Abacha?”
Another lawyer, Jiti Ogunye sees the withdrawal as an embarrassment to the Supreme Court, which according to the human rights activist had earlier ruled that Abacha had a case to answer over the same charges.
Ogunye said, "The development is very sad for the rule of law, the administration of criminal justice system and the fight against corruption in Nigeria. With the withdrawal, which followed the recent verdict of the Supreme Court that Mohammed Abacha has a case to answer the message that is being sent to the judiciary is that ‘we are at home with corruption, we are government of corruption and we promote corruption’.”
The lawyer added that the action was, "A crude and rude slap on Section 15(5) of the Constitution which says that the state shall abolish all corrupt practices and abuse of power." He added that the Attorney-General of the Federation, had by the withdrawal offended what he termed the philosophy of equality before the law, as many ordinary Nigerians facing charges for petty theft, "have no such opportunity of the charges against them being withdrawn."
Even Fred Agbaje sees the withdrawal as a political political decision taken as part of President Goodluck Jonathan’s strategy to win Kano at all cost in his re-election bid. He stated further that, "It is a political decision. It is all an attempt by the ruling party to win Kano State at all cost in the election. In fact, condemned armed robbers could even be granted political amnesty towards 2015 general election."
But another lawyer, Femi Aborisade pointed out that though the AGF is vested with such powers to withdraw cases of such nature consequent upon the provision of Section 174(1)(c) of the constitution. The lawyer added that, "I hold the opinion that the withdrawal of the charge is not in conformity with Section 174(3) of the Constitution."
It is recalled that the Supreme Court had earlier directed the FG to proceed with the prosecution of the young Abacha over his alleged involvement in the diversion of public funds to a foreign account that allegedly belonged to his late father.
In a unanimous judgement delivered by a five-man panel of Justices of the apex court, it was declared that the young Abacha has a criminal case to answer in the 123-count charge made against him by the FG.
The Supreme Court did not stop at that, it went ahead to throw out the appeal instituted by the young Abacha on the reason that it was lacking in merit. The apex court insisted that Abacha or any other person mentioned in the Decree have anything to do with the property after forfeiture as the forfeiture itself was by the force of the Decree.
The judgment read by Justice Olukayode Ariwoola, had Ordered Abacha to return to the Abuja High Court to face a 123-count charge bordering on possession of properties stolen from the FG. The Apex Court also held that Abacha should stand trial for holding on to properties allegedly stolen by his father.
According to the judge, "It was not by any agreement, co-operation, compliance or acquiescence by those persons listed in the Decree including the appellant; once it has been shown that the properties were corruptly and illegally acquired and were therefore forfeited without any further assurance other than this Decree.
"The appellant could not therefore deal with the properties to entitle him to any indemnity under Section 5 of the Decree. The term to ‘forfeit’ means to ‘divest’ of property, or the loss of right privilege because of a crime or neglect of duty. The appellant and others mentioned in the Decree cannot be deemed to deal with properties of which they have been divested without compensation and their title in those properties transferred to the Federal Government."
The young Abacha is standing trial before an Abuja High Court on allegations that touches on criminal conspiracy, breach of public trust, receiving and helping to starch stolen funds abroad. But not so long after the government came to the conclusion on its plans to commence his trial, the late General Abacha's son approached an Abuja division of the Court of Appeal to query what he termed the legality of the charge against him.
Apart from challenging the jurisdiction of the Abuja High Court to try him, Mohammed also argued that the said stolen fund had already been returned into the coffers of the government, adding that it would be unjust and unlawful to subject him to what he describes as
the rigours of prosecution over funds not in his custody.
The late General's son posed this argument through his lawyer, Joseph Daudu (SAN) with an addition that
Section 5 of Decree No. 53 of 1999, prohibited the FG from prosecuting an accused person who had forfeited money said to have been stolen. The senior lawyer maintained that late General Abacha enjoyed immunity to stash the money away in private foreign bank accounts so as to take care of uncertainties associated with governance especially as it concerned threats by some Western nations as at that time.
Daudu (SAN) prayed the Court of Appeal to determine whether any fund dealt with by the young Abacha's late father in his capacity as Head of State can be questioned by another administration in the face of all the Decrees that enabled him (Abacha), to exercise unlimited powers, as well as, whether the charge which was anchored on receiving stolen properties can be entertained by the High Court.
However, the appellate court threw out Mohammed's appeal on the grounds that it was lacking in merit. According to the Court of Appeal, "In the final analysis, there is nothing in the provision of Decree No. 53 of 1999 which inhibits the High court of the FCT Abuja from exercising its judicial power to try the appellant for the various criminal offences contained in the charges brought before it by the Attorney General of the Federation."
This development however prompted Falana to suggest that the Supreme Court judgment, which declared that Mohammed should be made to face trial has discredited the concept of perpetual immunity for any public officer in Nigeria.
Falana said, "It (judgment) has clarified the limit of executive immunity in Nigeria. Before now the Federal High Court had erroneously conferred permanent immunity on a former governor. By this judgment, the apex court has made it abundantly clear that the concept of perpetual immunity for any public officer is a constitutional anathema. The reasoning of the court cannot be faulted.
"It was so ridiculous to have asked the Supreme Court to extend executive immunity to shield the family members of the late dictator, General Sani Abacha, from criminal prosecution. It is to the credit of the judiciary that their lordships unanimously rejected the dangerous prayer.
"Mr. Mohammed Abacha should now be made to face his trial at the high court for conspiracy and receiving stolen funds as rightly ordered by the Supreme Court. The judgment is also a wake-up call on the Economic and Financial Crimes Commission, EFCC to prosecute all the persons indicted in Decree 5 of 1999 for colluding with the maximum dictator to loot the public treasury during the darkest chapter of the country's chequered history.
"The Supreme Court had held that immunity did not extend beyond tenure of office and that even if the late head of state was alive, he could be prosecuted for a criminal offence not to talk of his son who was never an occupant of the office of the Head of State. The court affirmed the decision of the Court of Appeal, which held that the late former Head of State's immunity did not extend to his son and ordered Mohammed to go and face his trial at the Abuja Court.
"Justice Ariwoola held that Mohammed should return to the trial court to take his plea and possibly plead a no case submission, if he so wished. His lordship further held that the appellant was charged with offences against the state, adding that forfeiture Order was just a punishment which could not earn him indemnity against trial.
"The court held further that the immunity of the father could not work for the son and that even the immunity of the father expired at his exit from office as provided by Section 308 of the 1999 Constitution. The High Court had rejected his application to quash the charges following which he appealed to the Court of Appeal. The Appeal Court rejected his appeal and upheld the decision of the high court.
"Mohammed was still dissatisfied and consequently appealed to the Supreme Court. He challenged the Abuja court's powers to exercise judicial powers over him by putting him on trial in view of the provisions of Forfeiture of Asset Decree No. 53 of 1999, an existing law and an Act of the National Assembly which, according to him, had resolved the issue of criminal liability arising out of the 123 counts criminal charge brought against him by the Federal Government."
Adoke had maintained that Nigeria was yet to receive about €175 million allegedly starched in a foreign account by late military dictator, General Sani Abacha. The AGF also maintained that the FG has continued to intensify efforts geared towards tracing and repatriating the country's stolen assets abroad.
According to Adoke, "In this connection, we have maintained effective liaison and communication with targeted jurisdictions to keep pace with asset recovery proceedings in those jurisdictions. In 2011, our close liaison and negotiation with the Island of Jersey led to the recovery and repatriation of £22.5 million confiscated by the Royal Court of Jersey from Raj Arjandes Bhojwani, an Indian national and associate of General Sani Abacha, on account of his money laundering transactions from Nigeria.
"We continued the liaison and negotiations with the Principality of Liechtenstein, which recently confiscated EUR 175 million from the Abacha family and associated companies in Liechtenstein following a confiscation order by the Supreme Court of Liechtenstein.
"However, the companies involved have lodged an appeal against the decision before the European Court of Justice in Strasburg. As soon as the appeal is concluded, firm arrangements consistent with the asset recovery provisions of the United Nations Convention against corruption, would be made to repatriate the forfeited sums to Nigeria."
But in what seemed like a reaction to the AGF's position, Conference of Nigerian Political Parties, CNPP requested from the FG what it termed a blanket request for the recovery of Nigeria’s over $400 billion looted funds. The CNPP in a communique issued by its National Publicity Secretary, Osita Okechukwu, stated that, “President Jonathan should utilise the window opened by the United Nations Convention Against Corruption, which binds countries to render mutual legal assistance in gathering and transferring evidence and Chapter V of the Convention, which makes asset recovery explicitly a fundamental principle of the Convention.
"We demand that a blanket request be made; for we need the billions of dollars to invest in critical infrastructure, revamp our decayed social services and stem gross unemployment.”
On his part, former President Olusegun Obasanjo posited that $1bn Abacha Loot was lying in Swiss Bank as at the time he left office as Commander-in- Chief, blaming the World Bank for contributing to the problems of Nigeria. The former president did not stop at that, he condemned the world bank for only being able to blackmail countries like Nigeria as corrupt, but not doing anything to make known the names of the corrupt individuals, the amount stolen and where the monies are kept in foreign accounts.
Obasanjo also chided the world bank for making Nigeria impoverished even as it misled the country into what it termed Structural Adjustment Programme, SAP when General Ibrahim Babangida held sway knowing clearly well that it would spell doom for Nigeria.
According to the former president, "When I was president, I called the World Bank. I said, please, give me the list of the amount that has been stolen, where is it kept and who the beneficiaries are. I never got anything from the World Bank thereafter.
"We have on our own decided that we will investigate and get from one family, Abacha family alone. From the Abacha family alone, we recovered millions of dollars. I got 1.25 billion dollars (100m pounds); and the lawyer in Swizerland (he is still there), who was doing it for us, said, when I was leaving, that if we worked harder, there was still, at least, one billion dollars that we can get from that family alone. Only an insincere and mad person will not acknowledge that there is corruption in Nigeria.
"It is the same World Bank who came to us and said 'Structural Adjustment Programme was good.' Of course, it only made us poorer. We said SAP would make us poorer, they said 'No.' We went for it and we are poorer today. And then they came to tell us that we did not do it the way they wanted us to do it. Many years later, they accepted that we were right and they were wrong."
"I am not saying we are not corrupt. As a nation, we are corrupt, but are we doing something about it? I once heard people, during my regime, saying that the fear of Ribadu was the beginning of wisdom but today, there is no longer any wisdom."
Even the Swiss government confirmed the fact that it recovered $700 million, out of the $1 billion loot allegedly stolen from Nigeria's banks belonging to the late Head of State, had been returned to the FG. The country made the confirmation through its ambassador to Nigeria,
Dr. Hans-Rudolf Hode who maintained that in the last 15 years, Switzerland had returned about $1.7 billion of what it termed illegal and questionable sources to their countries of origin including Angola, Peru, Nigeria and the Philippines, where he noted that he is not aware of the existence of $1 billion alluded to by former President Olusegun Obasanjo as still being held in the Swiss banks.
FRANCIS IWUCHUKWU
In what came as shocking to many Nigerians, the President Goodluck Jonathan led Federal Government (FG) through the Attorney-General of the Federation (AGF) and Justice Minister, Mohammed Adoke (SAN), on Wednesday June 18, 2014 withdrew the N446.3bn theft charges filed at the High Court of the Federal Capital Territory, in Wuse Zone 2, Abuja against Mohammed Abacha; son of a late military dictator, General Sani Abacha.
It would be recalled that the FG which had earlier filed a nine counts charge of stealing against the young Abacha in February 2014 had accused him of unlawfully receiving N446.3bn allegedly carted away from stolen government’s coffers between 1995 and 1998.
However, Daniel Enwelum who appeared on behalf of the AGF urged the court presided over by Justice Mamman Kolo to throw out the charges on the grounds of “fresh facts” that just emerged concerning the case. In his application before the court, Enwelum stated that, "I have been instructed by the AGF and Minister of Justice to withdraw the charges as presently filed before this court, because there are fresh facts and documents available to him.
"In this circumstance, he instructed me to file a notice of withdrawal without prejudice to future cause of action to be taken by his (AGF’s) office. In the light of that, I have filed a Notice of Withdrawal dated June 17, 2014. I humbly apply to withdraw the charges accordingly."
This development was however not opposed by Abdullahi Haruna, lawyer to the young Abacha, prompting Justice Kolo to Order the striking out of the charge against the accused. According to the charge, the FG accused Abacha of, "Dishonestly receiving stolen property and voluntarily assisted in concealing money."
Senior Advocate of Nigeria (SAN), Femi Falana insisted that, "Withdrawal of such grave corruption charges has serious implications for prosecuting anti-graft cases. On the basis of equality before the law, anyone being prosecuted for fraud or corruption can file applications to have their cases withdrawn and struck out by all criminal courts in Nigeria. By the way, has the loot of N400bn been refunded by Mr. Abacha?”
Another lawyer, Jiti Ogunye sees the withdrawal as an embarrassment to the Supreme Court, which according to the human rights activist had earlier ruled that Abacha had a case to answer over the same charges.
Ogunye said, "The development is very sad for the rule of law, the administration of criminal justice system and the fight against corruption in Nigeria. With the withdrawal, which followed the recent verdict of the Supreme Court that Mohammed Abacha has a case to answer the message that is being sent to the judiciary is that ‘we are at home with corruption, we are government of corruption and we promote corruption’.”
The lawyer added that the action was, "A crude and rude slap on Section 15(5) of the Constitution which says that the state shall abolish all corrupt practices and abuse of power." He added that the Attorney-General of the Federation, had by the withdrawal offended what he termed the philosophy of equality before the law, as many ordinary Nigerians facing charges for petty theft, "have no such opportunity of the charges against them being withdrawn."
Even Fred Agbaje sees the withdrawal as a political political decision taken as part of President Goodluck Jonathan’s strategy to win Kano at all cost in his re-election bid. He stated further that, "It is a political decision. It is all an attempt by the ruling party to win Kano State at all cost in the election. In fact, condemned armed robbers could even be granted political amnesty towards 2015 general election."
But another lawyer, Femi Aborisade pointed out that though the AGF is vested with such powers to withdraw cases of such nature consequent upon the provision of Section 174(1)(c) of the constitution. The lawyer added that, "I hold the opinion that the withdrawal of the charge is not in conformity with Section 174(3) of the Constitution."
It is recalled that the Supreme Court had earlier directed the FG to proceed with the prosecution of the young Abacha over his alleged involvement in the diversion of public funds to a foreign account that allegedly belonged to his late father.
In a unanimous judgement delivered by a five-man panel of Justices of the apex court, it was declared that the young Abacha has a criminal case to answer in the 123-count charge made against him by the FG.
The Supreme Court did not stop at that, it went ahead to throw out the appeal instituted by the young Abacha on the reason that it was lacking in merit. The apex court insisted that Abacha or any other person mentioned in the Decree have anything to do with the property after forfeiture as the forfeiture itself was by the force of the Decree.
The judgment read by Justice Olukayode Ariwoola, had Ordered Abacha to return to the Abuja High Court to face a 123-count charge bordering on possession of properties stolen from the FG. The Apex Court also held that Abacha should stand trial for holding on to properties allegedly stolen by his father.
According to the judge, "It was not by any agreement, co-operation, compliance or acquiescence by those persons listed in the Decree including the appellant; once it has been shown that the properties were corruptly and illegally acquired and were therefore forfeited without any further assurance other than this Decree.
"The appellant could not therefore deal with the properties to entitle him to any indemnity under Section 5 of the Decree. The term to ‘forfeit’ means to ‘divest’ of property, or the loss of right privilege because of a crime or neglect of duty. The appellant and others mentioned in the Decree cannot be deemed to deal with properties of which they have been divested without compensation and their title in those properties transferred to the Federal Government."
The young Abacha is standing trial before an Abuja High Court on allegations that touches on criminal conspiracy, breach of public trust, receiving and helping to starch stolen funds abroad. But not so long after the government came to the conclusion on its plans to commence his trial, the late General Abacha's son approached an Abuja division of the Court of Appeal to query what he termed the legality of the charge against him.
Apart from challenging the jurisdiction of the Abuja High Court to try him, Mohammed also argued that the said stolen fund had already been returned into the coffers of the government, adding that it would be unjust and unlawful to subject him to what he describes as
the rigours of prosecution over funds not in his custody.
The late General's son posed this argument through his lawyer, Joseph Daudu (SAN) with an addition that
Section 5 of Decree No. 53 of 1999, prohibited the FG from prosecuting an accused person who had forfeited money said to have been stolen. The senior lawyer maintained that late General Abacha enjoyed immunity to stash the money away in private foreign bank accounts so as to take care of uncertainties associated with governance especially as it concerned threats by some Western nations as at that time.
Daudu (SAN) prayed the Court of Appeal to determine whether any fund dealt with by the young Abacha's late father in his capacity as Head of State can be questioned by another administration in the face of all the Decrees that enabled him (Abacha), to exercise unlimited powers, as well as, whether the charge which was anchored on receiving stolen properties can be entertained by the High Court.
However, the appellate court threw out Mohammed's appeal on the grounds that it was lacking in merit. According to the Court of Appeal, "In the final analysis, there is nothing in the provision of Decree No. 53 of 1999 which inhibits the High court of the FCT Abuja from exercising its judicial power to try the appellant for the various criminal offences contained in the charges brought before it by the Attorney General of the Federation."
This development however prompted Falana to suggest that the Supreme Court judgment, which declared that Mohammed should be made to face trial has discredited the concept of perpetual immunity for any public officer in Nigeria.
Falana said, "It (judgment) has clarified the limit of executive immunity in Nigeria. Before now the Federal High Court had erroneously conferred permanent immunity on a former governor. By this judgment, the apex court has made it abundantly clear that the concept of perpetual immunity for any public officer is a constitutional anathema. The reasoning of the court cannot be faulted.
"It was so ridiculous to have asked the Supreme Court to extend executive immunity to shield the family members of the late dictator, General Sani Abacha, from criminal prosecution. It is to the credit of the judiciary that their lordships unanimously rejected the dangerous prayer.
"Mr. Mohammed Abacha should now be made to face his trial at the high court for conspiracy and receiving stolen funds as rightly ordered by the Supreme Court. The judgment is also a wake-up call on the Economic and Financial Crimes Commission, EFCC to prosecute all the persons indicted in Decree 5 of 1999 for colluding with the maximum dictator to loot the public treasury during the darkest chapter of the country's chequered history.
"The Supreme Court had held that immunity did not extend beyond tenure of office and that even if the late head of state was alive, he could be prosecuted for a criminal offence not to talk of his son who was never an occupant of the office of the Head of State. The court affirmed the decision of the Court of Appeal, which held that the late former Head of State's immunity did not extend to his son and ordered Mohammed to go and face his trial at the Abuja Court.
"Justice Ariwoola held that Mohammed should return to the trial court to take his plea and possibly plead a no case submission, if he so wished. His lordship further held that the appellant was charged with offences against the state, adding that forfeiture Order was just a punishment which could not earn him indemnity against trial.
"The court held further that the immunity of the father could not work for the son and that even the immunity of the father expired at his exit from office as provided by Section 308 of the 1999 Constitution. The High Court had rejected his application to quash the charges following which he appealed to the Court of Appeal. The Appeal Court rejected his appeal and upheld the decision of the high court.
"Mohammed was still dissatisfied and consequently appealed to the Supreme Court. He challenged the Abuja court's powers to exercise judicial powers over him by putting him on trial in view of the provisions of Forfeiture of Asset Decree No. 53 of 1999, an existing law and an Act of the National Assembly which, according to him, had resolved the issue of criminal liability arising out of the 123 counts criminal charge brought against him by the Federal Government."
Adoke had maintained that Nigeria was yet to receive about €175 million allegedly starched in a foreign account by late military dictator, General Sani Abacha. The AGF also maintained that the FG has continued to intensify efforts geared towards tracing and repatriating the country's stolen assets abroad.
According to Adoke, "In this connection, we have maintained effective liaison and communication with targeted jurisdictions to keep pace with asset recovery proceedings in those jurisdictions. In 2011, our close liaison and negotiation with the Island of Jersey led to the recovery and repatriation of £22.5 million confiscated by the Royal Court of Jersey from Raj Arjandes Bhojwani, an Indian national and associate of General Sani Abacha, on account of his money laundering transactions from Nigeria.
"We continued the liaison and negotiations with the Principality of Liechtenstein, which recently confiscated EUR 175 million from the Abacha family and associated companies in Liechtenstein following a confiscation order by the Supreme Court of Liechtenstein.
"However, the companies involved have lodged an appeal against the decision before the European Court of Justice in Strasburg. As soon as the appeal is concluded, firm arrangements consistent with the asset recovery provisions of the United Nations Convention against corruption, would be made to repatriate the forfeited sums to Nigeria."
But in what seemed like a reaction to the AGF's position, Conference of Nigerian Political Parties, CNPP requested from the FG what it termed a blanket request for the recovery of Nigeria’s over $400 billion looted funds. The CNPP in a communique issued by its National Publicity Secretary, Osita Okechukwu, stated that, “President Jonathan should utilise the window opened by the United Nations Convention Against Corruption, which binds countries to render mutual legal assistance in gathering and transferring evidence and Chapter V of the Convention, which makes asset recovery explicitly a fundamental principle of the Convention.
"We demand that a blanket request be made; for we need the billions of dollars to invest in critical infrastructure, revamp our decayed social services and stem gross unemployment.”
On his part, former President Olusegun Obasanjo posited that $1bn Abacha Loot was lying in Swiss Bank as at the time he left office as Commander-in- Chief, blaming the World Bank for contributing to the problems of Nigeria. The former president did not stop at that, he condemned the world bank for only being able to blackmail countries like Nigeria as corrupt, but not doing anything to make known the names of the corrupt individuals, the amount stolen and where the monies are kept in foreign accounts.
Obasanjo also chided the world bank for making Nigeria impoverished even as it misled the country into what it termed Structural Adjustment Programme, SAP when General Ibrahim Babangida held sway knowing clearly well that it would spell doom for Nigeria.
According to the former president, "When I was president, I called the World Bank. I said, please, give me the list of the amount that has been stolen, where is it kept and who the beneficiaries are. I never got anything from the World Bank thereafter.
"We have on our own decided that we will investigate and get from one family, Abacha family alone. From the Abacha family alone, we recovered millions of dollars. I got 1.25 billion dollars (100m pounds); and the lawyer in Swizerland (he is still there), who was doing it for us, said, when I was leaving, that if we worked harder, there was still, at least, one billion dollars that we can get from that family alone. Only an insincere and mad person will not acknowledge that there is corruption in Nigeria.
"It is the same World Bank who came to us and said 'Structural Adjustment Programme was good.' Of course, it only made us poorer. We said SAP would make us poorer, they said 'No.' We went for it and we are poorer today. And then they came to tell us that we did not do it the way they wanted us to do it. Many years later, they accepted that we were right and they were wrong."
"I am not saying we are not corrupt. As a nation, we are corrupt, but are we doing something about it? I once heard people, during my regime, saying that the fear of Ribadu was the beginning of wisdom but today, there is no longer any wisdom."
Even the Swiss government confirmed the fact that it recovered $700 million, out of the $1 billion loot allegedly stolen from Nigeria's banks belonging to the late Head of State, had been returned to the FG. The country made the confirmation through its ambassador to Nigeria,
Dr. Hans-Rudolf Hode who maintained that in the last 15 years, Switzerland had returned about $1.7 billion of what it termed illegal and questionable sources to their countries of origin including Angola, Peru, Nigeria and the Philippines, where he noted that he is not aware of the existence of $1 billion alluded to by former President Olusegun Obasanjo as still being held in the Swiss banks.
Subscribe to:
Posts (Atom)