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Why Bello should have Appeared in Court–Judge

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A Federal High Court, Abuja, on Friday granted the application by the Economic and Financial Crimes Commission (EFCC) for the former Governor of Kogi, Alhaji Yahaya Bello, to appear in court for his trial.

Justice Emeka Nwite, in a ruling, held that the former governor ought to appeared before the court before making any application.

He insisted that even if the arrest warrant was illegally obtained, the defendant (Bello) should have still shown up in court.

It would be tracked that the judge had, on April 23, fixed today for the ruling on the former governor’s application to set aside the arrest warrant against him.

The EFCC’s lawyer, Rotimi Oyedepo, SAN, had, on April 17, moved the ex-parte application for the arrest warrant.

But Bello’s counsel, Adeola Adedipe, SAN, on April 23, prayed the court to set aside the arrest warrant against their client
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He canvassed that the arrest warrant had become unnecessary since their lead counsel, Abdulwahab Mohammed, SAN, had accepted the service of the charge on behalf of the ex-governor.

He argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).

The senior lawyer argued that contrary to the submission of the lawyer who appeared for EFCC, Kemi Pinheiro, SAN, that the ex-governor must be in court first before any application could be entertained being a criminal case.

He said that the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.

The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.

He noted that the complainant made an application for substituted service on 18th day of April after the arrest warrant had been issued on 17th day of April and today, my noble lord granted it.

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.

He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.

He said for Bello to appear in court, he must have the notion that he would get justice.

Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.

He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the Federal Government.

He, therefore, asked the judge to vacate the arrest warrant against the former governor.

But Pinheiro vehemently opposed the application.

The senior lawyer argued that for the arrest warrant to be vacated, the former governor must be arraigned and take his plea in compliance with Section 396 (2) of the Administration of Criminal Justice Act (ACJA), 2015.

Delivering the ruling on Friday, the judge agreed with the argument of the EFCC.

He said that the order of court subsisted until it is set aside, even if there is irregularity.

The judge said Yahaya Bello’s staying away amounted to disregard to the sanctity of the court.

“Therefore, the application by the counsel for the defendant cannot be moved unless the defendant is present in court.

“Bello should come to court in his own not through EFCC for arraignment on the next adjourn date,” the judge declared.

Meanwhile, shortly after the ruling, Mohammed, who appeared for the former governor, informed the court of a motion on notice filed on May 9.

He said the motion prayed the court to stay further hearing of the alleged money laundering suit filed against Bello until the Court of Appeal decides a pending case relating to same matter.

The senior lawyer said the anti-graft agency had, by a motion ex-parte, got an order of the Appeal Court stopping the contempt proceedings filed by the ex-governor against the agency at the High Court sitting in Lokoja.

He said the appellate court had already fixed May 20 to hear the case.

He said it would be important the Federal High Court, Abuja awaits the outcome before going further with the trial.

But the EFCC’s lawyer, Oyedepo, disagreed with Mohammed’s submission.

In a short ruling, Justice Nwite refused Mohammed’s application.

The judge said that the matter had generated controversy all over the world and was unnecessary.

Reacting, Mohammed responded that the former governor was not afraid to come to court but was only afraid of his life.

Justice Nwite, however, said that Bello should not be misguided but should be advised to come and answer to the alleged charge.

“It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves.

“We thank lordship. We will take your admonition to him because that is just his fear,” Mohammed said.

He assured that efforts would be made to contact the former govenor to appear in court in the next adjourned date.

Justice Nwite consequently adjourned the matter until June 13 for arraignment.(NAN)

NEWS

Diri Campaigns Against Drug Abuse, Trafficking

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From Mike Tayese, Yenagoa

Bayelsa State Governor, Sen. Douye Diri yesterday, led a campaign against drug abuse and illicit trafficking as part of activities commemorating the International Day Against Drug Abuse and Illicit Trafficking.

Diri advised people of the state, particularly the youths, to shun hard drugs and trafficking of illicit substances, saying they were harmful to their health and to the society.

The Bayelsa governor, who spoke shortly after the weekly Prosperity Walk exercise at the Samson Siasia Sports Complex in Yenagoa, also urged youths to develop themselves by acquiring a skill and work towards actualising their God-given potential.

“We just completed a nine to 10km walk, which is a test of our fitness. As it is said, health is wealth.

“Today is the International Day Against Drug Abuse and Illicit Trafficking. We are not only observing the global campaign, we are also leading it here in Bayelsa.

“No one in his right senses goes to commit crime and violent acts except that individuals are under the influence of hard drugs. My advice to youths is to be self-confident, have the fear of God and develop your innate potential for you to become a star.”

He implored youths to emulate the shining example of a Bayelsa-born United States-based athlete, Victory Godah, who was discovered through the state’s sports programmes.

He commended her gesture of donating sporting equipment as a way of giving back to the state.

“Victory Godah from Ekeremor local government area was discovered here and because of her skill, she is now at the University of Minnesota, United States. She has given back to the state through sports equipment so that more of us can have that access.”

In his remarks, the Commissioner for Health, Prof. Seiyefa Brisibe, emphasised the importance of the weekly walk, stating that participants above 40 years would have their blood pressure controlled after taking about 5,000 steps.

Also, state chairman of the Drug Abuse, Addiction, Prevention and Rehabilitation Committee, Dr Peter Owonaro, said the committee’s outreach in the state had been a huge success, noting that a recent research indicated that the drug abuse prevalence rate in Bayelsa dropped by five per cent from 21.4 per cent.

Also, the state commander of the National Drug Law Enforcement Agency (NDLEA), Kanu Sunny, lauded the state government for its unprecedented support in the fight against drug abuse and trafficking.

He said the campaign was taken to secondary schools as well as tertiary institutions and encouraged all to join in the war against the menace.

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Foreign News

Ally of Cameroon President, 92, Quits ‘Broken’ Government to Challenge Him

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Issa Tchiroma Bakary – a prominent minister and long-time ally of President Paul Biya – has quit Cameroon’s government, in the hope of ending 92-year-old Biya’s four-decade grip on power in upcoming elections.

Just four months before the central African nation went to the polls, Tchiroma said the Biya administration he belonged to had “broken” public trust and he was switching to a rival party.

“A country cannot exist in the service of one man,” he said on Wednesday.

While he was communications minister, Tchiroma notably came under fire for denying – then backtracking on his denial – that Cameroonian soldiers had killed women and children in a viral video.

His other roles during almost two decades in government include being a spokesman for the Biya government, and, until his resignation on Tuesday, he was employment minister.

Paul Biya – the world’s oldest head of state – has yet to confirm if he will attempt an eighth term as president. Last year, the country banned reports on the president’s health following rumours he had died.

As this election approaches, high unemployment and soaring living costs are of concern to many Cameroonians, as are corruption and security. A separatist insurgency in the English-speaking provinces as well as jihadists operating in the northernmost region have forced many thousands of Cameroonians from their homes in the past decade.

Cracks in Tchiroma’s relationship with President Biya were blown open earlier this month, when he told crowds in his home city of Garoua that Biya’s time in power had not benefited them in any way.

Tchiroma, widely reported to be 75, continued this criticism in a 24-page manifesto released a day after his resignation – promising to dismantle “the old system” so that Cameroon could move beyond “abuse, contempt, and the confiscation of power”.

One of his proposed solutions is federalism – he is offering to hold a referendum on devolving more power to Cameroon’s 10 provinces. This has long been mooted by many as a solution to the country’s so-called Anglophone crisis.

Specifically addressing English-speaking Cameroonians, who have long complained of marginalisation and discrimination in Francophone-dominated public institutions, he said “you do not need people to speak for you – you need to be listened to” and that “centralisation has failed”.

Tchiroma also used his manifesto to say Cameroon “has been ruled for decades by the same vision, the same system. This model, long presented as a safeguard of stability, has gradually stifled progress, paralysed our institutions, and broken the bond of trust between the state and its citizens”.

As the October presidential election approaches, rights groups have condemned the government’s crackdown on dissent.

Shortly after Tchiroma announced his plans to run for the presidency, the government reportedly announced a ban on all political activities by his Cameroon National Salvation Front (CNSF) party in a sub-district of the Far North region – a part of the country where he is said to be an influential power-broker.

Weeks earlier, fellow presidential hopeful Maurice Kamto had his movements curtailed during a two-day police stakeout in Douala, after promising supporters at a rally in Paris that he would protect Biya and his family if he wins in October.

Parliamentary elections that were also supposed to take place earlier this year have been delayed until 2026.

Reaction to Tchiroma’s presidential bid has been mixed – some think he is canny.

“By positioning himself as the elder statesman who ‘saw the fire coming’, Tchiroma is hedging that his break with Biya will be seen as bold – not opportunistic,” Cameroonian analyst and broadcaster Jules Domshe said.

“From economic fallout to youth unemployment, insecurity, and growing unrest in the North-West, South-West, and Far North [regions], Cameroon is ripe for change.”

Opposition voices are divided – some want Tchiroma to support Kamto, who was the runner-up in 2018 with 14% of votes. But others say he is tainted by his long association with Biya.

“He cannot embody change… He was part of the system for too long. The youth do not trust him,” says Abdoulaye Harissou, a legal notary and prominent critic once detained by the government.

Another member of the opposition – Jean Michel Nintcheu of the APC coalition – simply said: “We don’t see Tchiroma as a potential winner.”

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Foreign News

Crash Kills 29 Pupils Taking Exams after Blast in Central Africa

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Torough David, Abuja

Twenty-nine children who were taking their school exams in the Central African Republic have been killed in a crash after a nearby explosion caused panic, a hospital director disclosed.

The blast, on the second day of the high-school finals on Wednesday, occurred at an electricity transformer, said Abel Assaye from the Bangui community hospital.

“The noise of the explosion, combined with smoke” caused alarm among the almost 6,000 students sitting the baccalaureate at a school in the capital, Bangui, local radio station Ndeke Luka reported.

President Faustin-Archange Touadéra has declared a period of national mourning.

He also ordered that the more than 280 who were wounded in the crash get free treatment in hospital.

Students from five different schools in the capital had gone to the Lycée Barthélémy Boganda to sit the baccalaureate exam.

The education ministry said the explosion happened after power was restored at the electricity transformer, located on the ground floor of the main building that had been undergoing repairs.

“I also offer our sincere condolences to the parents of the affected candidates and wish a speedy recovery to the injured candidates,” Education Minister Aurelien-Simplice Kongbelet-Zimgas said in a statement.

He also announced the suspension of further exams.

A female survivor said.

“I don’t even remember what happened. We were in the exam room and when I heard a noise, I immediately fell into a daze,” she said. “Since then, I have had a pain in my pelvis that is causing me a lot of problems.”

Radio France Internationale spoke to another student whose face was covered in blood after he had climbed out of a window.

Magloire explained that the blast happened during the history and geography exam.

“The students wanted to save their lives, and as they fled, they saw death because there were so many people and the door was really small. Not everyone could get out,” he told RFI.

The CAR continues to face political instability and security challenges.

Government forces, backed by Russian mercenaries, are battling armed groups threatening to overthrow Touadéra’s administration.

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