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JUDICIARY

Alleged Procurement Fraud: Court Rejects EFCC’s Additional Proof of Evidence Against Emefiele

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An Abuja high court on Thursday rejected the additional proof of evidence brought by the Economic and Financial Crimes Commission (EFCC) against former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Emefiele is charged with alleged procurement fraud by the EFCC.

The additional proof of evidence filed on Oct.

15, 2024 by the EFCC, sought to introduce fresh evidence against Emefiele, more than 365 days when the charges against him was filed.

It also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge that had been filed in August 2023.

Delivering ruling in a motion on notice filed by Emefiele, Justice Hamza Muazu rejected the additional proof of evidence.

He held that the anti-graft agency had on Feb. 12, 2024, first filed additional proof of evidence to accommodate the evidence of a former Secretary to the Government of the Federation, Mr Boss Mustapha and one Bamayi Haruna Mairiga.

The judge noted that the charge against Emefiele was filed Aug. 14, 2023 and his plea taking on Nov. 16, 2023.

He held that the action of the EFCC had a resemblance of denial of fair trial because Emefiele was not confronted with the new evidence during investigation as required by law.

The judge held that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.

He agreed that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing is being breached.

Justice Muaza held that the position of the law, is that the charge was filed upon the completion of investigation.

He added and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.

The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Emefiele.

Justice Muaza held that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed.

The judge held that having gone so far, justice would be served if the trial is completed on its merit and final judgment delivered in the matter.

He also declined to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.

Emefiele had in the motion argued by his lead counsel, Mathew Burkaa, SAN complained that the evidence of Mustapha and Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.

Meanwhile, Justice Muaza adjourned until June 3, for continuation of trial

The EFCC charged Emefiele with 20 counts amended charge of criminal breach of trust, forgery, conspiracy obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

The EFCC alleged that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in suit marked: FCT/HC/CR/577/2023. (NAN)

CRIME

Music Teacher Bags Life Imprisonment For Defiling 9-year-old Pupil

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  An Ikeja Sexual Offences and Domestic Violence Court on Wednesday sentenced a 35-year-old music teacher and counselor, Anthony Okeh, to life imprisonment for defiling a nine-year-old, JSS 1 pupil name withheld)

That Justice Abiola Soladoye in her judgment held that the prosecution had successfully discharged the burden of proof of the charge of defilement against Okeh.

According to her, Okeh is a pathological liar, soulless man without any iota of shame, and everything a teacher should not be for having unlawful sexual intercourse with his pupil.

Soladoye said the case was a direct evidence as the survivor was in court to narrate her sexual ordeals in the hands of the music teacher; a sexual predator.

She added that the evidence of the survivor was lucid, cogent, unequivocal and compelling and the denial of the convict did not hold waters.

“To the mind of this court, the denial of the convict is a form to distance himself from the crime.

“The convict is a pathological liar whose evidence is an after thought and I do not believe him at all.

“I do not believe the other three defence witnesses as well, because their evidences were devoid of truth and they were tainted witnesses.

“Cases are not won on the number of witnesses presented to testify before the court but on the quality of evidence adduced that are credible, convincing and compelling,” the judge said.

The judge added that the survivor in her testimony had narrated how the convict called her upstairs into the music room, where he showed her different nude pictures, claimed to be a cultist and threatened to kill her if she ever told anyone.

“The survivor recognised the man in the box as her music teacher who defiled her more than two times in the music room.

“The testimony of the Investigative Police Officer (IPO) is corroborated by the testimony of the survivor when she said that the mother of the girl noticed her reluctance to go to school and she later confessed to her mother what the convict had been doing to her.

“The IPO said that the mother of the survivor (nominal complainant) reported the case to the police.

“Statement of the nominal complainant was admitted into evidence,” Soladoye added.

She therefore convicted Okeh of the one-count charge of defilement and consequently sentenced him to life imprisonment.

Soladoye also ordered that the convict’s name be registered in the Lagos State Sexual Offences Register.

She also called on school proprietors and proprietress to recruit teachers with high moral standards to teach in their schools so as to avoid dent on their institutions.

“All stakeholders in the administration of criminal justice must form a strong collaboration in combating sexual violence offences so as to protect the dignity, mental health, physical and psychological trauma of survivors in such cases,” she said.

The State Counsel, Miss Abimbola Abolade presented two witnesses; the survivor and an investigative police officer while the Defence called four witnesses.

Abolade told the court that the convict committed the offence on Sept. 6, 2022 at Lachez O International School, Agege, Lagos.

The prosecution submitted that the convict had unlawful sexual intercourse with the minor by penetrating her vagina with his penis.

According to the prosecution, the offence contravenes Section 137 of the Criminal Laws of Lagos State, 2015. (NAN)

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CRIME

Court Remands Man For Allegedly Killing His Father

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 An Iyaganku Magistrates’ Court in Ibadan on Wednesday, ordered that a 27-year-old man, Musa Lamidi should be remanded in a correctional facility for allegedly killing his father, Rufai,

The police charged Lamidi, whose address was not provided with murder.

The Magistrate, Mr Olaolu Olanipekun did not take the plea of Lamidi for want in jurisdiction.

He directed the police to return the case file to the Director of Public Prosecution (DPP) for legal advice.

He adjourned the case until July 10, for mention.

The Prosecutor, ASP Musbau Lawal, told the court that Lamidi committed the offence on May 11, at about 11 p.m, at Eruwa, Oyo State.

He alleged that Lamidi hit his father with a stick on the forehead, which caused his death.

He said the offence contravened the provisions of Section 319 of the Criminal Laws of Oyo State, 2000. (NAN)

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JUDICIARY

Teenager Gets 10 Strokes Of Cane For Stealing Electric Cables

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 A Kaduna Magistrates’ Court, on Wednesday ordered that a teenager, be given 10 strokes of the cane for breaking into a house and stealing electrical cables worth N450, 000.

The Magistrate, Ibrahim Emmanuel, gave the sentence following a guilty plea by the 18-year-old now convict who resides at Kinkinau Kaduna.

Emmanuel said that the light punishment was because the convict saved the court from a prolonged trial, adding that he hoped that it would serve as a deterrent to others.

He also ordered that the recovered electrical cables be returned to the complainant, Sadiq Yusuf.

Earlier, the Prosecutor, Insp. Chidi Leo, told the court that the convict committed the offence on May 17 at Ungwan sarki Kaduna.

He said the convict and one Mohammed Sani, now attack large, broke into the complainant’s house and stole the electrical cables worth N450, 000.

Leo said the convict was arrested when a neighbour to the complainant saw him coming out of the house with the stolen items.

The prosecutor said the offence contravened the Penal Code of Kaduna State, 2017. (NAN)

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