Home Blog Page 871

N8billion CBN Currency Fraud: Accused persons want judge disqualified from trial

0
Accused persons in the over N8billion currency recycling fraud at the Central Bank of Nigeria on Friday asked the trial judge, Justice Olayinka Faji of the Federal High Court, Ibadan, Oyo State, to hands off the case.
They also want the chief judge of the Federal High Court to reassign the matter to another judge.


Trial was stalled Friday as counsel to the second and third accused persons, Olalekan Ojo, told the court that it was doubtful his client would get fair hearing from Justice Faji.
Mr. Ojo informed the court that he had filed a motion, praying the court to stay further proceedings in the matter.
The counsel accused the judge of having already convicted his clients by his pronouncements in his earlier ruling on bail applications on June 19.
The counsel specifically made reference to Justice Faji’s pronouncements on the defendants on page 93-97 of the ruling.
He said he had filed a motion dated June 26, 2015, praying for “an order of the honourable court staying proceedings or further proceedings in charge No FHC/IB/34c/2015 pending the determination of the second and third defendants’/applicants’ appeals against the ruling of the honourable court delivered on 19 June, 2015 in which the second and third defendants/applicants have requested the Court of Appeal to make an order directing the honourable Chief Judge of the Federal High Court to transfer or assign the charge no FHC/IB/34c/2015 to another Judge of the Federal High Court for trial”.
Counsel to the first defendant, Olayinka Bolanle, aligned with Mr. Ojo and informed the court of his motion challenging the jurisdiction of the court to hear the matter.
Mr. Bolanle told the court that a motion was filed with regards to the “propriety to continue with the trial, to expressions made in the ruling to the first defendant.”
He added that the motion was to challenge the partisanship and jurisdiction of the
court.
However, counsel to the fourth defendant, Dare Adebayo, submitted that his team was ready to continue with the trial.
The prosecuting counsel, Rotimi Jacobs (SAN), had expressed his readiness to continue with the trial.
He told the court that one of his witnesses was in court.
However, Justice Faji stated that the matter could not continue because of the development, adding that he would have to wait for the determination of the appeal.
He adjourned to Wednesday July 1, 2015, for all counsel to file motions and counter motions in the charge preferred against some ex- Central Bank Staff and staff of some commercial banks.
The accused persons include Kolawole Babalola, Olaniran Muniru Adeola, Toogun Kayode Philip, Ajuwon Bolade and Samuel Ogbeide.

Credit : Premium Times

Sharia court sentences nine (9) to death for blasphemy

0
An Upper Sharia Court, Rijiyar Lemo, in Kano, has sentenced 9 persons: Abdul-Inyas, Hajiya Mairo and seven others to death for blasphemy against the Prophet of Islam.
The trial was done in secret, and details of its proceedings are yet to be made public.Even the name of the judge who conducted the trial is being kept secret.


The court initially said two people were convicted but a court official, who simply gave his name as Nasir (he declined to provide his full name) later said nine people were sentenced.

He declined to provide the names of the seven others.
The offence, committed in early June, triggered protest in Kano.
The demonstration was however promptly quelled by law enforcement agents. The court where the trial began was burnt down prompting the authorities to assign the case to another court.
A statement by the State Sharia Court of Appeal, signed by a man named Nasiru, said the nine persons were found guilty under section 110 and section 382b of the Sharia Penal Court law year 2000.
“They are hereby sentenced to death,” the statement read.
The statement acknowledged that some Muslim faithful in Kano threatened violence if the accused were set free.
The court however freed Alkasim Abubakar, Yahya Abubakar, Isa Abubakar, and Abdullahi Abubakar, who were arrested alongside the nine convicted persons.
They were found not guilty by the court.
Already, news of the judgment has sparked jubilation by a section of Kano residents.
Credit : Premium Times

Court Restrains FRSC from Making Arrests over Unexpired 'Old' Licences

0
Davidson Iriekpenae
The Federal High Court in Lagos has held that the Federal Road Safety Commission (FRSC) cannot arrest any motorist for not having the new driver’s licence if the old version is yet to expire.
Ruling on a suit brought by a lawyer, Mr. Tope Alabi, Justice John Tsoho granted an order of perpetual injunction restraining FRSC “from compelling the valid driver’s licence holders, including the plaintiff to renew same, when such driver’s licence has not expired.”

Alabi, who joined the National Assembly, FRSC and Attorney-General of the Federation (AGF) as respondents, prayed the court to hold that by several sections of the FRSC Act, No. 22, 2007, the commission’s bid to control the production and issuance of number plates and driver’s licences is unconstitutional, null and void.
He prayed the court to hold that going by the provisions of sections 4 and 5 of the 2011 constitution, the production and issuance of number plates and driver’s licences is a residual matter within the exclusive legislative and executive competence of states.
The court, however, held that it was bound by the Court of Appeal decision which affirmed FRSC’s powers to issue licences and plate numbers.
However, he made an order restraining the defendants “from cracking down on those, including the plaintiff, still using their existing registered number plates on their vehicles.”
Justice Tsoho further restrained the defendants “from cracking down on those, including the plaintiff, still using unexpired driver’s licences pending the time within which same would expire and due for renewal.”
Alabi said FRSC had vowed that there was “no going back on September deadline for all Nigerians to replace their number plates and renew their unexpired driver’s licences.”
He said it was in the interest of justice to allow valid driver licence holders to make use of them pending when they will expire or be due for renewal.
Credit : ThisDay

Court decides about Kashamu on 1st of July

0
By Eric Ikihlae
Justice Gabriel Kolawole of the Federal High Court, Abuja has fixed July 1 for ruling on whether or not he could proceed with the extradition proceedings against a chieftain of the Peoples Democratic Party, (PDP), Buruji Kashamu.
The judge chose the date yesterday after listening to arguments from Muslim Hassan (representing the Attorney General of the Federation (AGF) and Ajibola Oluyede (for Kashamu) on the issue.
At the commencement of proceedings yesterday, Hassan noted Kashamu’s absence in court and drew the judge’s attention to the development and sought the issuance of a warrant for his arrest.

He argued that extradition proceedings, being a criminal one requires the presence of the respondent, against whom a charge was pending in the United States.
Hassan contended that the court could not take any step in the case until Kashamu was present.
“This is a criminal case. We urge that a warrant of arrest be issued by virtue of Section 6 of the Extradition,” Hassan said.
He faulted the argument by Ajibola that the proceedings before the court was no longer necessary in view of two decisions by Juatices Okon Abang and Ibrahim Buba of the Lagos division of the court nullifying the extradition proceedings.
He insisted that the judges in Lagos lacked the powers to nullify proceedings before their brother judge when they do not have supervisory jurisdiction over the court in Abuja. He argued that the orders by the Lagos division were far reaching and should be set aside.
Hassan noted that the cases on which the Lagos judges gave their decisions were in relation to Kashamu’s allegation that there were plans to abduct him and transfer him abroad illegally. He said the orders by the Lagos judges were on Kashamu’s claim of abduction and illegal deportation.
Hassan said the extradition proceedings was a legal way of transferring an individual wanted abroad for alleged criminal offences.
He urged the court to set aside the orders made in respect of the extradition proceedings pending in Abuja by Buba and Abang, which Oluyede tendered yesterday.
“It is wrong for Justice Abang to nullify a process not before him, which proceedings have not commenced here. I urge the court to set siade the orders,” Hassan said.
Oluyede, while tendering copies of the decisions by the Lagos orders, stressed the aspect where the judges nullified the extradition proceedings and any other steps to extradite Kashamu in relation to the request by the United States government.
He argued that the “current action has been extinguished by the decision of this court as per Abang J. The only thing left is for this court to decide the kind of burial to be accorded it”.
Justice Kolawole, after listening to parties, said he needed time to consider all the documents submitted by parties before giving his ruling. He adjourned to July 1 for ruling.

Man sentenced to 10 years imprisonment for Fraud of N300,000

0
Makurdi – The Chief Judge of Benue, Justice Iorhemen Hwande, on Wednesday convicted and sentenced a 32-year old man, Emmanuel Terlumun, to 10 years imprisonment for defrauding one Simon Mbanyion of N300,000.
The convict had been standing trial in a Makurdi High Court since 2013 on a charge of Advance Fee Fraud punishable under section 1(1) and (2) of the Advance Fee Fraud and other Related Offences Act, 2006.

The prosecuting counsel from the State Ministry of Justice, M.D. Amine, told the court that the complainant had given a lift to the convict on March 9, 2013.
She said that while the duo were talking during the ride, the convict introduced himself as an army officer whose father was also a general.
He asked the complainant to give him two names of his relations whom he promised to recruit into the Nigerian Army.
Amine further told the court that the unsuspecting victim submitted his name along side one of his relations and gave the convict the sum of N300,000 which he demanded to facilitate the recruitment.
He said the victim later discovered that the convict was a rogue who successfully deceived him and consequently reported the matter to the police which arrested him.
During the trial, the convict testified in defence of himself and called no witness while the prosecution called three witnesses, including the victim.
The prosecuting counsel argued that the convict displayed a high level of inhumanity toward the victim who showed him kindness by giving him a ride.
Delivering judgment, Hwande stated that the convict had shown he was a wicked ingrate who chose to reward kindness with wickedness to the victim who gave him a ride.
He observed that the convict did not show remorse during the course of his trial.
Although the convict pleaded for mercy, saying that he was HIV positive and had appendicitis, the judge convicted him.
Hwande insisted that prosecution had proved its case beyond all reasonable doubt to warrant reduction in punishment.
He consequently sentenced the convict to the 10-year jail term without an option of fine beginning from when he was remanded in 2013.
The judge also ordered the convict to refund to the complainant the sum of N300,000 that he dishonestly collected from him.
Credit : NAN

Man sentenced to 5 years imprisonment for impersonating MFM pastor

0
A Yaba Chief Magistrates’ Court in Lagos on Wednesday sentenced a man, David Praise-Diri, to five years imprisonment for impersonating a pastor at the Mountain of Fire and Miracles Ministry (MFM).
The Chief Magistrate, Bola Folarin-Williams, sentenced Praise-Diri to five years imprisonment after he admitted committing the offence.
“Since it is clear to this court that you are an habitual offender and you are not ready to work hard to make a living, you will serve the jail term without an option of fine,” Folarin-Williams said.

The convict was arraigned on June 16 on three-count charge of impersonation, obtaining money under false pretences and stealing.
He pleaded guilty to the charges.
The Prosecutor, Sgt. Benedict Aigbokhim, had told the court that the accused committed the offences on June 3 at Toyin Street, Ikeja.
Aigbokhim said the accused approached the complainant, Miss Itohan, along Toyin Street and introduced himself as a pastor of MFM.
“The accused said he got a revelation from God for her and collected N13, 000 from the complainant on the pretext of praying and fasting on her behalf for a possible solution to her problem.
“She became uncomfortable when the accused told her to come for a vigil and decided to inform a relation who also worships at MFM church.
“They informed the church and upon investigation it was discovered that the accused is a fake pastor.
“The MFM church management alerted the police, who arrested the accused,” he said.
According to him, the offences contravened Sections 78, 285 and 312 of the Criminal Laws of Lagos State, 2011.
Credit : NEXT ON NEWS

Court stops Wike from sacking LG Chairmen

0
By Kitan Badmus
The National Industrial Court of Nigeria presided over by Hon.
Justice J.T. Agbadu-Fishim in Yenagoa, Bayelsa state has
granted an order of interim injunction against the Governor of
Rivers gtate, the Rivers State House of Assembly and the
Attorney-General of Rivers State and their agents from
dissolving, suspending, sacking terminating or in any manner
whatsoever interfering with the tenure of office of the 23 Local
Government Councils of Rivers state.

The order, in Suit No: NICN/YEN/26/2015, which was granted
on Monday, 22nd June, 2015 followed a motion ex-parte and
affidavit of extreme urgency filed by the 23 Local Government
Council Chairmen on behalf of themselves and the 23 Local
Government Councils of Rivers state.
PM News reports that the order also restrained the Inspector-
general of Police or his agents and privies from enforcing any
purported action detrimental to the existence of the 23
Chairmen and Councils in Rivers state.
The party said the order will remain in force until the hearing
and determination of the motion on notice for interlocutory
injunction.
The APC recalled that the Governor of Rivers State, Nyesom
Wike, the Rivers State House of Assembly and the Hon.
Attorney-General of the State have been hatching all manner of
schemes to do away with the elected 23 local Government
Councils in Rivers state.
APC said that, despite the presence of a few bad eggs, the
judiciary remains the last hope of the oppressed. “Therefore,
we hail this decision by the Yenagoa High Court Order.”
Governor Wike has vowed that the 22 local government
councils would be dissolved because the court had allegedly
restrained the Rivers state Independent Electoral Commission,
RSIEC, from conducting local government council election but
former Governor Amaechi administration went ahead to
conduct the election in disobedience of court order.
Credit : The Sheet

Court Refers Question on Relocation of Governorship Tribunal to Appeal Court

0

By Tobi Soniyi in Abuja
A Federal High Court sitting in Abuja has referred to the Court of Appeal for determination the question whether under Section 285(2) of the Constitution  as amended a gubernatorial election tribunal could validly relocate to Abuja instead of sitting in the state where the governorship election took place.
Justice Gabriel Kolawole granted the application which was moved by counsel to the defendants, Prof Yemi Akinseye-George (SAN).
The court held that the determination of this constitutional question by the Court of Appeal would guide all the tribunals and high courts where this issue has arisen and ensure an orderly development of the law by avoiding conflicting decisions.
The court held that the facts of the earlier decision in the case of Ibori v. Ogboru might not be applicable in the present cases as the law and situation in the country had changed since 2005 when the case was decided.
The order was made in the case of Elenwo v. President of the Court of appeal and six others challenging the relocation of the Rivers State Election Tribunal from Port Harcourt to Abuja.
Meanwhile, the Akwa Ibom State Governorship Elections Petitions Tribunal sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to move all the materials used in the April 11, 2015 governorship election in the state to its headquarters in Abuja for inspection.
The  tribunal chairman headed by Justice Sadiq Umar followed an application by the petitioners, the All Progressives Congress (APC) and its gubernatorial candidate, Umana Okon Umana, who had prayed the tribunal to order the movement of the election materials from Uyo to Abuja for their (petitioners) inspection.
At the resumed hearing of the matter on Wednesday, the petitioners asked the tribunal for extension of time to enable them inspect the election materials, which they said were not made available to them by the electoral body to enable them prove their case against Udom Emmanuel.
The tribunal also directed that security agencies should ensure adequate security of the materials during movement and inspection by the petitioners.
The petitioners through their lawyer, Chief Wole Olanipekun SAN, are challenging the election victory of Emmanuel of the Peoples Democratic Party (PDP) in the April 11,  2015 governorship election in Akwa Ibom State.
The tribunal declined the oral application to strike out the name of the governor from the petition and instead ordered the governor, who is the first respondent to file and serve his defence  and consequently adjourned further hearing of the matter till today.
Governor Emmanuel  had challenged the relocation of the tribunal from Uyo to Abuja through his lead counsel, Chief Adegboyega Awomolo, SAN.
He is challenging  the tribunal’s jurisdiction  to determine the outcome of the 2015 governorship elections in Akwa Ibom state.
  Following the April 11, 2015 elections, the APC had rejected the result declared by INEC, which proclaimed Emmanuel, winner.
In its petition, the APC had alleged, among other things, that the election was marred by widespread electoral malpractices, disenfranchisement of its supporters and a declaration of votes for the PDP in virtual violation of  INEC provisions that required that all votes cast be duly accredited.
Since the tribunal commenced sitting on the petition, the APC has continued to cry foul that both the INEC and the PDP in the state have consistently frustrated their attempt to pursue justice.
Preliminary hearing had commenced in Uyo before the parties were informed that the tribunal had been relocated to Abuja, a move the respondents are challenging.
Justice  Umar had promised that the tribunal would treat all the parties fairly and for justice to be done
Credit : ThisDay

EFCC begins probe of Akpabio

0

The Economic and Financial Crimes Commission has begun investigation
into alleged theft of N108.1billion of Akwa Ibom funds by former Governor
Godswill Akpabio.
The action followed a petition forwarded to the commission by an Abuja-
based lawyer and activist, Leo Ekpenyong.
Mr. Ekpenyong had on June 8 petitioned President Muhammadu Buhari and
the EFCC, calling for Mr. Akpabio’s probe and accusing him of looting
Akwa Ibom state treasury.
Investigations by PREMIUM TIMES showed that several other indigenes of
the state who have demanded the investigation of the former governor,
have been invited by the EFCC to adopt their petitions.
On his part, Mr. Ekpenyong was summoned on Wednesday, June 17, to
adopt his petition and provide more details to some of the allegations he
made against Mr. Akpabio.
The former governor, now senator, was elected in 2007, at a time the
nation enjoyed robust oil revenue.
Akwa Ibom State and Rivers State are Nigeria’s largest oil-producing
states. The two states alternate as first and second top producers
periodically.
The two states receive the highest funds allocation from the Federation
Accounts Allocation Committee, FAAC, monthly.
Data from the National Bureau of Statistics and the office of the
Accountant General of the Federation indicate that under Mr. Akpabio,
known for ostentatious spending, Akwa Ibom received a staggering N1. 6
trillion from FAAC between June 2007 and May 2014.
At the time he vacated office on May 29, the state received more, excluding
other revenues like Ecological Funds, internally generated revenue etc.
In a new petition to the EFCC dated June 22, and copied to Mr. Buhari and
the Inspector General of Police, Solomon Arase, Mr. Ekpenyong gave details
of some of Mr. Akpabio’s alleged financial recklessness.
He indicated that between January and December 2014, the ex-governor
colluded with two of his top aides to steal a whopping N108.1 billion from
the state’s treasury.
Mr. Ekpenyong told the EFCC that the former Government House
Permanent Secretary, Etekamba Umoren, and the former Accountant
General of the state, Udo Isobara, colluded with Mr. Akpabio to steal the
funds.
“Between January –December 2014, it is on record that the trio of Godswill
Akpabio, Mr. Etekamba Umoren and Mr. Udo Isobara, made illegal but
substantial withdrawals of cash from a designated state government-
owned account with Zenith Bank with account number: 1010375881
amounting to N22.1 billion,” he stated in the petition.
“It is worthy of note that reasons for such ungodly cash withdrawals
against financial regulations and due process laws range between sundry
use and unjustifiable expenditures by Godswill Akpabio and his numerous
surrogates and proxies.
“For example, a whopping N18 billion was withdrawn fraudulently from the
state FAAC account with the United Bank for Africa in trenches of N10
million and above by Mr. Isobara in a surreptitious manner to conceal their
dishonest intention.”
For assisting Mr. Akpabio retire billions of the stolen funds, Mr. Ekpenyong
said Mr. Umoren was rewarded with an appointment as Government House
chief of staff and now secretary to the state government under Udom
Emmanuel’s administration.
The legal practitioner went on to state that over N50 billion of Akwa Ibom
funds were spent by the former governor during the last general elections.
During the period under review, he said Mr. Akpabio also withdrew a
whopping N18 billion from the state coffers under the guise of special
services, reception of very important guests and sundry items.
“The cumulative aggregate of these monies stolen by Godswill Akpabio
from the coffers of government as pocket money is the annual budget of
some states in Nigeria put together,” the petition reads.
He listed the bouquet of assets acquired by the former governor through
surrogates to include a multi-billion naira mansion at Plot 5 Okogosi
Spring Close, off Katsina-Ala Crescent, Maitama-Abuja, a multi-billion
naira mansionette at Plot 28 Colorado Close, Maitama, Abuja and another
multi-billion naira mansion at 22 Probyn Road, Ikoyi, Lagos.
Others include a multi-billion naira mansionette at Plot 23 Olusegun Aina
Street, Parkview, Lagos and a multi-
billion naira 25 storey building at Akin Adesola Street, Victoria Island,
Lagos.
“As earlier promised, more details of assets and graft-related funds
illegally and fraudulently siphoned from Akwa Ibom State treasury and
laundered to foreign destinations are in the offing. As usual, we will do the
needful.
An EFCC source said senior officials of the commission held discussions
with Mr. Ekpenyong on the petition on Tuesday.
“He also adopted the petition he forwarded to the commission and
provided additional details about the alleged stealing of funds by the
former governor,” the source said.
The source noted that many of those who have sent petitions to the
commission against the former governor, now senator, have already been
invited to adopt their document.
He confirmed that very soon the commission would invite the former
governor for questioning.
Allegations, complete falsehood
Mr. Akpabio could not be reached for this story. Messrs Umoren and
Isobara could not also be reached for comments.
But the commissioner of information during the administration of Mr.
Akpabio, Aniekan Umana, described the contents of the petition by Mr.
Ekpenyong as falsehood taken too far.
He said the petition betrays a lack of understanding of the workings of
government.
“Every sum withdrawn from a government account is tied to a subhead and
there must be a budgetary provision. To attribute fraud to withdrawals
which had the full sanction of Government and was accommodated in the
budget is strange, mischievous and untenable. More so, when one
understands that there are checks and balances which guide all aspects of
government financial administration,” he said.
He also said the allegation that the State Government spent N50 billion on
the March General Elections falls flat on its face based on his explanations
of the workings of government as regards financial transactions.
“There was no such provision in the budget of this year and such an
amount could not have been paid as an extra-budgetary expenditure and
yet salaries and other commitments were met. We challenge the petitioners
to provide proof to support this wild allegation. Who was it paid to? How
was it paid? Where was it paid? And when was it paid?
“Senator Akpabio does not own a 25-storey building in Victoria Island or in
any part of the world, as alleged by the petitioner. It is also a patent
falsehood that the house at 22 Probyn Road, Ikoyi belongs to Senator
Akpabio.
It is a rented building which ownership can be verified from Lagos State
Lands Registry.
“Senator Akpabio does not own the properties mentioned in the petition to
belong to him. You can verify the ownership of the properties (5 Okokosi
Close, Maitama and Plot 28 Colorado Close, Maitama) from the land
registry in Abuja,” he said.
He also denied the state received over N2 trillion as oil allocation.
“Please do note that the idea that the Akwa Ibom State Government
received over N2.5 trillion in the eight years of the Akpabio administration
is an outrageous lie. What this suggests is that the State Government
received an average of N26 billion monthly for the period. What a lie! From
published accounts of disbursement from the Federation Accounts, Akwa
Ibom State never received up to N26 billion in any month throughout the
period.
Note that in some months like the April and May, 2015, Akwa Ibom State
received about N8 billion only.”
Credit : 234forum

Lagos lawmakers beg Buhari to bail out states to prevent workers’ revolts

0

Some Lagos lawmakers on Thursday made a passionate appeal to, President Muhammadu Buhari, to urgently bail out states who have failed to pay salaries to forestall workers’ revolt.
About 18 states of the federation cannot pay their workers’ remuneration due to paucity of funds.
Mr Abiodun Tobun (APC-Epe1), said: “I am of the opinion that to get out of this mess, the Federal Government should bend backwards, to rescue states that cannot pay workers’ salary for months.
“The states cannot meet up, the Federal Government should as a matter of urgency, set aside capital projects for now to address this problem.
“It will get to a stage where workers will begin to revolt because states can no longer meet up with their obligations.
“Let the whole world know what the Federal Government is offering them, it should not be in form of loan, it should be outright bail out,’’ he said.
Tobun, however, urged indebted states to make the salary of workers the number one priority before embarking on other projects.
According to him, the affected states should be ready to look inward and explore other means that will add value to their government in terms of revenue generation.
The lawmaker, who blamed the current economic challenges of the country on absence of true federalism, said; “hardships will continue as long as states lack the power to be in control of their generated revenue.
“The percentage going to the federal is higher compared to what comes to the state and the local governments.
“That is why many states are indebted and finding it difficult to meet financial obligations,’’ he said.
According to him, in true federalism, states generate revenue and send an agreed percentage to the central government.
Mr Adebisi Yusuff (APC-Alimosho 1), said: “people are not being fair to the governors, we found ourselves in this mess because we do not practice the principle of fiscal federalism.
“Once there is fiscal federalism, there will be healthy competition amongst states.
“What the Federal Government is taking is too much whereas the responsibilities of the state government are more than that of the Federal Government.
“I will suggest that the Federal Government should bail out the states, it is not the fault of those affected states, not all states can be like Lagos State,’’ Yusuff said.
The assemblyman, therefore, urged state governors to improve on their internally generated revenues, saying; “those who have arable land should concentrate on agriculture’’.
(NAN)
Business Day