JUDICIARY
10th NASS Proclamation: Court Extends Order Stopping EFCC, Others From Detaining Yari
A Federal HighCourt, Abuja has extended the order restraining the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC) and Department of State Services (DSS) from detaining Sen. Abdul’aziz Yari.
Justice Donatus Okorowo extended the order on Thursday after Yari’s counsel, Michael Aondoaka, SAN, made an oral application to the effect.
The development occured following a plea for an adjournment moved by lawyer to the EFCC, Gloria Ogbason, and her counterpart representing the ICPC, Kemi Odogun, to enable them file their responses to Yari’s motion.
Upon resumed hearing in the matter, Aondoaka, informed that all the respondents had been served as directed by the court.
Ogbason, who acknowledged receipt of Yari’s processes on June 5, said they had yet to file their response.
“Therefore, we will be asking for a date since we are still within time to file my lord ” she said.
Corroborating Ogbason’s submission, Odogun, who said the ICPC was served on June 6, also sought an adjournment
“In accordance with the rules of this court, we are still within time to file and we intend to show cause my lord,” she also said.
Aondoaka said though he was not opposing their intention to respond to his application, he said: “We will only be asking for an order extending the order made on June 5 because the order was given by the court to abridge the time to show cause.”
The senior lawyer also informed that there was a proof of service of their application on the DSS, the 3rd defendant in the suit, though it was not represented in court.
Obasun and Odogun did not object to Aondoaka’s application for extension of the order.
Justice Okorowo, who adjourned the matter until June 27, barred the EFCC, ICPC and DSS from.detaining Yari until they appear to show cause in the next adjourned date.
The 10th National Assembly will be inaugurated on June 13 after a proclamation by President Bola Tinubu.
Yari, the two-term ex-governor of Zamfara, had indicated interest to vie for the position of the Senate president of the 10th assembly.
Yari had, through his team of lawyers led by Mr Aondoaaa, filed the ex-parte motion marked: FHC/ANJ/CS/785/23.
In the motion dated and filed on June 2, Yari sued the EFCC, ICPC and DSS as 1st to 3rd defendants respectively.
In the application, the former governor prayed the court for an order, restraining the respondents, their officials from arresting, detaining and preventing him from attending or participating at the Proclamation of the 10th Senate by the President of the Federal Republic of Nigeria on June 13 pending the hearing and determination of his motion on notice.
In a 15-ground of argument given by the senator-elect, he said his aspiration to contest the position of President of the Senate had received overwhelming support from the general public and amongst distinguished senators-elect irrespective of party affiliations.
According to him, the support which the applicant has continued to garner across party lines has drawn consternation from some members of his political party, the All Progressives’ Congress (APC).
The party, he alleged , has resorted to using the respondents and their agents to harass and threaten to arrest and detain the applicant on trumped-up charges for the period leading to the First Sitting of the Senate when nominations and election of presiding officers shall be constituted.
“The respondents and their agents have threatened to violate the applicant’s rights as enshrined in the Constitution by unlawfully threatening to arrest and detain the applicant up to the period of the First Sitting of the 10th Senate of the Federal Republic of Nigeria on the 13th June, 2023, without a warrant of arrest and informing him in writing the reasons for the arrest and detention.
“The respondents and their agents violated the applicant’s fundamental human rights as enshrined under Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The respondents and their agents are mandated to operate within the ambit of their establishment laws, and to respect the fundamental human rights of the Applicant as enshrined in the Constitution,” he said.
Yari said if the order was not given, his rights would have been breached by the respondents.(NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.
30 p. m. in the Dugbe area of Ibadan.According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.30 p.m. in the Dugbe area of Ibadan.
According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
A 40 – year old prostitute, Adeosun Adepeju was on Tuesday arraigned before an Iyaganku Chief Magistrates’ Court for allegedly stabbing her colleague in the stomach during work period.
Adepeju of undisclosed address was standing trial on a count charge bordering on assault.
She pleaded not guilty to the charge.
The Prosecuting Counsel, Cpl.
Helen Ojo told the court that Adepeju on May 21, at about 12:30 a.m., at Ring road area, Ibadan, stabbed her colleague, Stella Mago with scissors in her stomach.Ojo said that the stabbing caused the complainant bodily harm.
She added that the offence contravened Section 335 of the Criminal Code Laws of Oyo State 2000.
The Magistrate, Mrs M. M. Olagbenro admitted the defendant to bail in the sum of N300, 000 with two sureties in like sum.
Olagbenro adjourned the matter until May 30, for hearing. (NAN)
The seventh prosecution witness, Mr John Adetola, told an Ikeja High Court that he did not document the alleged $400,000 he handed to the former Central Bank Governor (CBN), Godwin Emefiele.
Adetola, an executive assistant to the former CBN governor, said this on Monday while being cross-examined by Emefiele’s lead counsel, Mr Olalekan Ojo (SAN), in the ongoing trial of Emefiele.
Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demands.
Emefiele’s co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
Adetola, also admitted that he did not present any WhatsApp chat or telephone conversation to the Economic and Financial Crimes Commission (EFCC), informing Emefiele about collecting the $400,000 on his behalf.
The News Agency of Nigeria (NAN) reports that Adetola had, in his evidence-in-chief testified that he delivered $400,000 to Emefiele.
However, under cross-examination, Adetola admitted that he did not keep any record of the alleged $400,000 receipt.
He narrated that in 2018, Mr Eric Odoh sent him a WhatsApp message instructing him to collect the sum from one John Ayoh and hand it over to Emefiele when he arrived in Lagos.
“I went to John Ayoh’s house at Lekki; he gave me an envelope. I came back to the office and gave it to the former CBN governor,” the witness said.
The witness also told the court that in his extrajudicial statement, made while in EFCC custody, he did not mention any WhatsApp or telephone conversation with Emefiele regarding the $400,000.
Adetola denied any agreement with the EFCC to testify against Emefiele in exchange for immunity from prosecution.
He added that the EFCC confronted him with WhatsApp printouts related to the alleged money.
While being cross-examined by Mr Adeyinka Kotoye (SAN), counsel to the second defendant, the witness confirmed he had no dealings with the second defendant in relation to his testimony.
During re-examination by EFCC counsel, Rotimi Oyedepo (SAN), the witness was asked why he did not document the $400,000 he allegedly collected on Emefiele’s behalf.
“I didn’t see any need for it,” he replied.
Justice Rahman Oshodi thereafter discharged the witness and adjourned the case until May 27 for continuation of trial. (NAN)
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