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JUDICIARY

Court Orders EFCC Lawyer to Confirm Alleged Fictitious Report in Ali Bello’s Trial 

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A Federal High Court in Abuja, on Wednesday, ordered the EFCC lawyer, Abbas Mohammed, to confirm and report back to the court if an alleged “misleading” report on the court’s proceedings was from the commission’s website.

Justice Obiora Egwuatu gave the order after the defence lawyers in the money laundering trial of Ali Bello and his co-defendants accused the EFCC of publishing untrue accounts of what transpired in court on Tuesday on its website against their clients.

Abubakar Aliyu, SAN, and Nureini Jimoh, SAN, who appeared for the defendants in the alleged N3 billion fraud, had informed Justice Egwuatu about the development shortly after the matter was called.

They complained that a report on the proceedings of Tuesday posted on the website of the anti-graft agency and on social media contradicted what transpired in court, and that this was not the first time such would happen.

The lawyers alleged that the witness, who was cross-examined, said that he never said that the money used in the payment of the school fees of the children of the former governor, Alhaji Yahaya Bello, came from Kogi State Government but that what the EFCC reported in the media was different.

The EFCC had filed an alleged money laundering charge against Bello, Abba Adaudu, Yakubu Siyaka Adabenege and Iyadi Sadat as 1st to 4th defendants, respectively.

Although they were arraigned before Justice Egwuatu, they all pleaded not guilty to the charge.

Upon resumed hearing on Wednesday, Jimoh, who appeared for 2nd, 3rd and 4th defendants, had informed the court that though the matter was slated for continuation of hearing, however, he had a preliminary application to make.

He said his application hinged on the publication by the prosecution.

The senior lawyer alleged that there had been incessant and unfair publications by the EFCC against the defendants, which might negatively affect public confidence in the administration of justice.

“We have kept quiet severally when these publications were coming from the EFCC so as to allow the trial to proceed,” he said.

Jimoh said the “misleading publications” were meant to incite the public against the decision of the court in the trial.

“After proceedings yesterday (Tuesday), in the evening, we saw a disturbing publication on the EFCC website, saying that PW-3 (the 3rd prosecution witness) affirmed before Justice Obiora Agwuatu of the Federal High Court in Abuja that funds were brought to him (witness) by the agents of the state government to pay the school fees of Alhaji Yahaya Bello’s children,” he said.

The lawyer said that such publications, which were contrary to what actually transpired in court, could grossly affect the proceedings of the court and public confidence in the justice system.

“I want to draw the attention of your lordship to Rule 39 of the Rules of Professional Conduct that forbid such advertisment or publication.

“My application therefore is that if this honourable court finds that this publication is contrary to proceedings in court yesterday, that the court directs that the publication should be brought down immediately on the website and that the EFCC should publish a rejoinder immediately.

“My number three application is that the EFCC should stop forthwith from making such publications,” he prayed.

Jimoh also urged the court to suspend proceedings pending when the EFCC complied with the directives.

He said this was to ensure the sanctity of the administration of justice in obedience to the statutory laws.

He then gave a copy of the printout of the publication from the commission’s website to the EFCC’s lawyer, Mohammed, in open court.

Corroborating Jimoh’s submission, Aliyu, who represented Bello (1st defendant) in court, drew the attention of the court to a ruling of the Supreme Court in Atiku Abubakar Vs. INEC and others.

The lawyer said that the apex court cautioned lawyers against engaging in social media reports to divert the attention of the public from what really transpired in court.

According to him, the court says counsel must review their conduct and desist from engaging on social media.

“We are having a situation where what the witness said is contrary in the social media.

“This is not the first time this is happening. We made same complaint before Honourable Justice Omotosho.

“The witness (PW-3) said he never said the money came from Kogi State Government but what they are saying in the media is different,” Aliyu added.

Responding, EFCC’s lawyer said though he had seen the printed publication, he could not verify its source for now.

“Confirm for clarity sake whether it is from your website,” the judge said.

“I will need to confirm from the media team my lord.

“We are minister in the temple of justice that is why I said I would need to confirm from the media team my lord,” he said.

Justice Egwuatu, in a short ruling, ordered the prosecution lawyer to confirm the publication in his office and report back on the next adjourned date.

Meanwhile, the trial continued with Aliyu’s cross examination of PW-3, Jamilu Abdullahi, a Bureau de Change operator.

When Aliyu asked the witness if Mohammed Idris was the person that brought the 300,000 dollars to him, the witness said he could not remember who brought the money.

Again, when the lawyer asked the PW-3 if he would be surprised that the N2.1 billion paid into the 2nd defendant’s account on Dec. 14, 2021, from which the school fees was paid, was a loan from Access Bank, the witness said he did not know the source of the money.

The Judge thereafter adjourned the matter until Nov. 28 for continuation of hearing.

It would be recalled that on Tuesday, the PW-3 was cross-examined by Aliyu in the ongoing trial.(NAN)

JUDICIARY

Man, 36, Docked for Alleged Theft of N870, 000 Rice

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Court Sentences Applicant to 6 Months in Prison for Stealing Cell Phone
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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)

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JUDICIARY

Court Bars CBN, AGF, Others from Releasing Allocation to Rivers Government

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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)

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JUDICIARY

Tailor Bags 1 Year in Jail for N900,000 Children’s Wear Theft

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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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