JUDICIARY
Alleged Money Laundering: Court Adjourns EFCC’s Suit Against Yahaya Bello Until to Jan. 21
A Federal High Court in Abuja, on Wednesday, adjourned hearing in the money laundering case preferred against the immediate-past Governor of Kogi, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC) until Jan. 21, 2025.
Justice Emeka Nwite adjourned the matter after EFCC’s counsel, Kemi Pinheiro, SAN, and the ex-governor’s lawyer, Michael Adoyi, made their submissions in favour and against an application by the anti-graft agency.
At the resumed hearing, Pinheiro told Justuce Emeka Nwite that he had two witnesses already in court.
He, however, told the court that he had two applications to make since the defendant was not in court.
He said his first application was to formally apply that the court should enter a plea of not guilty on behalf of the former governor, even in his absence.
“My first application is to formally enter a plea of not guilty to the defendant, even in his absence.
“The second point is, not withstanding his physical absence, this will be in full compliance with Section 276 of Administration of Criminal Justice Act (ACJA), 2015.
“Flowing from that entry my lord, it is a humble request that we call the first witness,” he stated.
The senior lawyer, in defending his application to enter a plea of not guilty for the defendant, said “the right to plead guilty or not guilty is a right that can be waved by the defendant.”
He, therefore, urged the court to hold that Bello had waved that right.
“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence?
“Even if he was in court and pleaded not guilty, the situation will still be the same.
“The entry of plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he said.
But Michael Adoyi, who appeared for the defendant, disagreed with Pinheiro’s submission.
Adoyi argued that the prosecution’s application was made contrary to a subsisting order of the judge.
“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant.
“The prosecution has stated severally that the court cannot demonstrate helplessness.
“A court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.
Adoyi argued further that the court, in a criminal trial, is immune and distinct from the prosecution.
He cited previous Supreme Court decisions to back his argument.
According to him, the application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aide the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial.
He argued that civil proceeding is different from criminal proceeding contrary to the argument of the EFCC’s lawyer.
He said that the prosecution’s application could not be anchored on any of the provisions of the ACJA, 2015 that he had cited, as “those provisions do not excuse the need for physical presence of the defendant.”
Adoyi then prayed the court to refused the oral application of Pinheiro.
The prosecution counsel, however, told the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the defendant.
Speaking, Justice Nwite pointed out that the ruling might not be ready this year, considering the fact that he was just coming as a vacation judge.
“So what are we agreeing on now learner silk?” he asked.
Pinheiro said the matter would be adjourned for ruling and/or arraignment of the defendant.
The judge thereafter adjourned the matter until Jan. 21, 2025 for ruling on the application by the EFCC and/or arraignment.
It will be recalled that at the last hearing on Sept. 25, Adoyi had told the court that the issue of arraignment of the defendant was the subject matter of an appeal entered by the defendant at the Supreme Court with the Appeal Number: “SC/CR/847/2024 and SC/CR/848/2024”.
He said the most appropriate thing to do was to await the decision of the Supreme Court in the aforesaid appeal before taking any step for arraignment so as not to pull the rug off the feet of the apex court.(NAN)
A 36-year-old man, Kazeem Bankole, on Thursday appeared before a Badagry Chief Magistrates’ Court, for allegedly stealing 10 bags of rice valued at N870,000.
Bankole, whose address was not provided, is facing a two-count charge of conspiracy and stealing.
He, however, pleaded not guilty to the charge.
The prosecutor, Insp Edet Ekpo, told the court that the defendant committed the offences with some others still at large, on Oct.
5 at about 2.30p.m at Mosafejo in Aradagun area of Badagry.Ekpo said that the defendant stole 10 bags of rice from a shop belonging to the complainant, Mr Michael Oyediji.
He said that the defendant was caught by security guards, who handed him over to the police.
Ekpo said that the offences contravened Sections 411 and 287 of the Criminal Law of Lagos State, 2015.
Report says that Section 287 stipulates three years jail term for stealing, while Section 411 provides two years for conspiracy.
The Chief Magistrate, Mr N.A Layeni, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.
Layeni ordered that one of sureties must be a civil servant on grade level 12.
He adjourned the case until Nov. 14 for mention.(NAN)
The Federal High Court in Abuja, on Wednesday, restrained the Central Bank of Nigeria (CBN) from further releasing monthly financial allocations to Rivers government.
The order also affected the Accountant-General of the Federation (AGF), Zenith Bank and Access Bank where the state government also banks.
Justice Joyce Abdulmalik, in a judgment, held that the receipt and disbursement of monthly allocations since January 2024 by Gov.
Siminalayi Fubara of Rivers is a constitutional somersault and aberration that must not be allowed to continue.Justice Abdulmalik held that the presentation of the 2024 Budget by Fubara before a 4-member Rivers House of Assembly was an affront to the constitutional provision.
The judge said that Fubara’s action in implementing unlawful budget had smacked gross violations of the 1999 Constitution he swore to protect.
She, consequently, ordered the CBN, AGF, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.
NAN reports that a faction of the Rivers assembly and Mr Martin Amaewhule (the speaker), as the 1st and 2nd plaintiffs, had sued the Central Bank of Nigeria (CBN) and nine others in the suit marked FHC/ABJ/CS/984/24.
The plaintiffs, through their lead counsel, Joseph Daudu, SAN, filed the suit dated 14 July but filed on 15 July.
They listed the CBN, Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as the 1st to 4th defendants.
They also joined Gov. Fubara, the Accountant-General of Rivers, Rivers Independent Electoral Commission (RSIEC), Chief Judge of Rivers, Justice S.C. Amadi; the Chairperson of the RSIEC, Adolphus Enebeli, and the Government of Rivers State as the 5th to 10th defendants respectively.
The plaintiffs had sought an order of interlocutory injunction restraining the CBN, the commercial banks, including the AGF from honouring any financial instruction issued by Mr Fubara regarding the state’s funds.
However, the faction of Rivers House of Assembly led by Oko Jumbo challenged the suit and filed a notice of change of counsel on 6 August
The Oko Jumbo-led assembly, loyal to Gov. Fubara, had told the court that Mr Amaewhule was not the lawful speaker of the assembly, since his seat had been declared vacant on 13 December 2023 following his defection from the Peoples Democratic Party to All Progressives Congress.
The faction of the assembly, therefore, told the court that Amaewhule was not authorised to file the instant suit, hence, it had decided to change its counsel.
Justice Abdulmalik, on Friday, dismissed the application for change of counsel after it was moved by Mr Sammie
Somiari, SAN, including other objections raised by the defendants.
Delivering the judgment, Justice Abdulmalik held that the CBN was under obligation to ensure that the right thing was done before money from Consolidated Revenue and Federation Account was released to the beneficiaries.
The judge said that the action of the 4-member House of Assembly being held on to by governor Fubara as yardstick to justify unlawful budget had since been nullified and set aside by the Federal High Court and the Court of Appeal both in Abuja.
She held that the judgment of Rivers High Court which gave power to the governor to implement the 2024 Budget had also been set aside by the Court of Appeal.
“Appropriation Bill for January to December 2024, being operated by the 5th defendant (Fubara), having not been charged by the lawful House of Assembly is illegal unlawful and subversion of the 1999 Constitution.
” It is mandatory to present the appropriation bills before the appropriate House of Assembly before legitimate disbursement and withdrawal can be made.
‘In the instant case, the 5th defendant (Fubara) has not presented any budgetary appropriation known to law to any legitimate House of Assembly.
“Sections 120 122 and 197 of the Federal Republic of Nigeria have not been complied with.
“It is unwarranted assault to the Constitutional Order for anybody, including the 5th defendant to be allowed or permitted to continue to breach and violate Sections 91 and 96 of the Constitution to implement budget that was not approved by the legislative arm.
” Every individual must subject to the rule of law. Using illegally constituted House of Assembly to disburse public fund must not be allowed,” she declared.
Justice Abdulmalik subsequently issued an order of injunction which restrained CBN, Zenith Bank, Access Bank and the AGF from permitting the withdrawal or use of the funds from the Consolidated Revenue Account and the Federation Account by Rivers Government until the budget of the state is passed by the appropriate house of assembly.
She also issued another order of injunction which restrained Fubara, Accountant General of the state and their agents from authorising the withdrawal of money from the Rivers bank accounts domiciled at Zenith Bank and Access Bank until the budget of the state is passed by the appropriate assembly.
The judge held that the house of assembly under Amaewhule remained the legitimate house of assembly in view of the Federal High Court judgment which nullified and set aside the house of assembly led by Oko Jumbo and was upheld by the Court of Appeal in Abuja.(NAN)
A Kaduna Chief Magistrates’ Court, on Wednesday, sentenced a 34-year-old tailor, Blessing Dogo, to one year in the correctional centre for stealing children’s wears worth N900,000.
Chief Magistrate Ibrahim Emmanuel sentenced Dogo after she pleaded guilty to the offence.
Emmanuel, however, gave the convict an option of a N50,000 fine and ordered her to restitute N900,000 to the complainant, Sarah Elisha.
Earlier, the Prosecutor, Insp Chidi Leo, told the court that the complainant, Sarah Elisa, of Ungwan Pama, Kaduna, reported the matter at the Sabon Tasha Police Station on Oct.
21.Leo said that the complainant reported that on the fateful day, the defendant walked into her shop on the pretext of buying an item, but stole children’s wear valued at N900,000.
He said that during the police investigation, the defendant was invited for questioning and admitted to stealing the wears.
However, the prosecutor said that all efforts to recover the clothes from her had proved abortive.
Leo said the offence contravened the Penal Code of Kaduna State, 2017. (NAN)
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