… EFCC Witness Testifies via Video Link on Nyako Trial

By Armstrong Tseaa, Abuja

A Federal High Court in Lagos, yesterday ordered the Nigerian Army and its Chief of Army Staff (COAS) to suspend the ongoing Operation Positive Identification.

The presiding Judge, Rilwanu Aikawa, ordered both parties to maintain status quo pending the determination of substantive suit filed by Human Right Activist, Femi Falana, SAN.

Falana, a Human Right Activist, is seeking an order stopping the Operation Positive Identification of the Nigerian Army billed to have commenced 1st November, 2019.

The COAS, the Nigerian Army and the Attorney-General of the Federation are respondents in the suit.

None of the respondents was in court, when the matter was mentioned.

“The respondents had been served with the court processes and that the proof of service was in the court’s file”, Femi Falana told the Court. This was confirmed by the court.

However, Principal State Counsel from the Ministry of Justice, prayed the court to grant an adjournment to enable the Solicitor-General, Mr Dayo Apata, to handle the matter personally and also give the respondents time to harmonise their positions. Falana did not raise any objection.

The presiding judge granted his application, saying that “in view of the agreement between both counsels, I ordered the Nigerian Army and Chief of Army staff to maintain status quo, pending the determination of the case.”

He, thereafter, adjourned further proceedings till November 18, 2019.

Mr Falana contended that the planned nationwide operation which will run from November 1, to December 23, 2019, by which Nigerian citizens would be required to move about with means of identification is unconstitutional, illegal, null and void.

‘The operation violates my rights and that of other Nigerian citizens to liberty, as stated in Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, (Cap A10) Laws of the Federation of Nigeria, 2004’, he further stated.

Consequently, he is seeking an interim order restraining the respondents from going on with the plan pending the hearing of the substantive suit.

In a supporting affidavit sworn to by a lawyer Mr Taiwo Olawanle, the plaintiff recalled that on October 8, 2019 the Chief of Army Staff, Lt.-Gen. Tukur Buratai disclosed that the Operation Positive Identification, said to be on going in the North East theatre of Boko Haram insurgency war would be extended to cover the entire nation.

He said the operation required Nigerian citizens to move about with legitimate means of identification such as the National Identification Card, Voters Registration Card, Drivers’ Licence and passports or other valid official identification.

EFCC Witness Testifies via Video Link on Nyako Trial

Also yesterday, the Economic and Financial Crimes Commission (EFCC) principal witness, Kobis Arithimni in the ongoing trial of former Governor of Adamawa state, Murtala Nyako over alleged N40 billion fraud, took a new dimension as he said he cannot come to Nigeria on health ground testify in the case

At a resumed trial yesterday, Arithimni,  apologised to the court for being unable to come to the country to testify.

“I am a Christian and I am in London, receiving treatment,” he said.

He told the court that he was a commissioner in the Ministry of Rural Infrastructure, Adamawa, in 2007.

“In 2008 and 2014, I was appointed as the Secretary to the State Government.

“My duty was to coordinate the activities of the state government between ministries, parastatals and departments (MDAs) and to see to day-to-day smooth running of government,” he said.

Arithimni said he endorsed memos generated by permanent secretaries as regards funds before the governor’s office approved them.

“After the approval by the governors, the memos are brought back to my office and straight to the permanent secretary that generated the memo.

“The next stage is for the fund to be raised in the sum raised in the memo. Then, the funds would be released,” he said.

He said funds are raised after the voucher has been released by the accountant.

He said he knew one Maaji Iro, a manager of Zenith Bank, Yola Branch, who was also listed as a witness, adding that it was the governor who approved the memos for funds, said cheques were issued to Iro.

He, however, said he had at one time cautioned the permanent secretaries against given Mr Iro cheques without a copy of the approval of the memos.

“It is uncivil service like and to guide them, I told them that on no account should they give or issue cheques to Maaji Iro without a copy of the approval of the memos to serve as evidence that approvals were given,” he said.

In a cross examination, counsel to the 1st, 2nd, 4th, 6th, 7th and 8th defendants, Ibrahim Isiyaku, SAN, asked if Mr Arithimni recommended the release of the funds in respect of which the expenditures were to be incurred and he did not object.

“Your only problem now is that the money was not brought back to you, right,” Mr Isiyaku asked Mr Arithimni but he gave no response.

The lawyer noted that the witness told the court that Mr Iro was a banker and had no role to play in Adamawa government.

He, however, asked the witness if he would be right to say that Mr Iro manages the account of Adamawa State government in Zenith Bank and he concurred to Isiyaku’s statement.

On his part, counsel to the 3rd defendant, Yakubu Maikyau, SAN, asked Mr Arithimni if he knew one Ibrahim Emmanuel and the witness responded that he was a permanent secretary, political department, under his office.

Counsel to the 5th defendant, Olumide Olujinmi, only wished the witness quick recovery in London.

Speaking, prosecution counsel, Mr Jacobs, told Abang that he was sure that he would be closing his case in the next adjourned date.

“I do not want to formally announce that I am closing my case today but I am 99 per cent sure that I will close it in the next adjourned date,” he said.

When Mr Isiyaku called the attention of the judge to some motions they slated for hearing, Mr Abang said he would take them in the next adjourned date.

According to the judge, I will take all pending applications file by counsel on November 6.

Mr Abang, however, adjourned till November 13 for continuation of hearing based on the parties’ agreement.