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JUDICIARY

Court Closes Maina’s Case, Adjourns for Adoption of Final Written Addresses

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A Federal High Court sitting in Abuja, on Friday, ordered the closure of the case of Abdulrasheed Maina, Chairman, defunct Pension Reformed Task Team (PRTT).

Justice Okon Abang, who gave the order, also fixed Oct. 4 for parties in the case to adopt their final written addresses.

After an adoption of a final written address, a case is fixed for a judgment.

Maina (1st defendant), who was arraigned before Justice Abang on Oct.
25, 2019, by the EFCC alongside his firm, Common Input Property and Investment Ltd (2nd defendant), pleaded not guilty to the 12-count charge bordering on money laundering to the tune of N2 billion.

He was then ordered to be remanded in Kuje Correctional Center.

Justice Abang had, on Jan. 28, 2019, varied Miana’s bail conditions, following his inability to meet the bail terms granted him on Nov. 26, 2019, eight months after.Abang reduced Maina’s bail condition from N1 billion to N500 million with a surety in the like sum who must be a serving senator as opposed to the earlier order of producing two serving senators, among others.

However, Maina was unable to get a senator as surety for his release until Sen. Ali Ndume, who represents Borno South, decided to do so.He jumped bail and was said to have fled to Republic of Niger around September 2020.

The court, on Nov. 18, 2020, revoked his bail, ordered his arrest anywhere he was found.

The court also ordered his trial to continue in absentia.His surety, Ndume, was remanded in Kuje Prison for about five days before Maina’s rearrest.

Maina, who was produced in court on Dec. 4, 2020, was ordered to be remanded in prison custody pending the hearing and final determination of his matter.

When the EFCC closed it case, on Dec. 9, 2020, after calling nine witnesses, Maina was ordered to open his defence.Although Maina had applied for a no-case submission, the court, on Dec. 21, 2020, foreclosed his right to make such application on the grounds that the ex-pension boss had had adequate time and facility to make the submission but failed to do so.

Maina, who had only called two witnesses in his defence, had, on March 8, applied for a subpoena compelling the Attorney General of the Federation (AGF), Abubakar Malami; the Central Bank of Nigeria Governor, Godwin Emefiele; former acting Chairman of EFCC, Ibrahim Magu, among others, to appear in court and testify in the ongoing case against him.Besides, his first defence witness, Ngozika Ihuoma, while giving his evidence-in-chief, alleged that EFCC under Magu misappropriated 222 property worth N1.63 trillion recovered by the Maina-led PRTT.

He alleged that Magu had sold most of the property to his friends and associates.Maina had only called the second witness, who was still on examination, before the court ordered that his case be closed.Earlier when the matter was called, an officer of the Nigerian Correctional Service (NCS), Kuje, Emmanuel Orlu, told the court that though Maina was not in court, the ex-pension reformed boss was in their vehicle outside the courtroom.Justice Abang had asked the officer why the defendant (Maina) was not produce in court.The judge directed the court registrar to pass a paper to the prison officer to write his name.

“My lord, the defendant is in the car outside. He has problem with the both kneels,” Orlu said.The officer, who acknowledged the receipt of the hearing notice, prayed the court if his colleague, who is a medical personnel could speak on his behalf but the judge refused.

The judge then recorded that Maina was absent in court, warning that proceeding is always in court and not outside the courtroomMaina’s Counsel, Abel Adaji, prayed the court for a short adjournment.Adaji hinged his application on the claim that he was not served with the hearing notice in time.

“We were just served the hearing notice today. Our witness is not even within jurisdiction,“We are humbly appealing for a very short date,” he had said.

The judge, then, asked him how he got to know about the matter.“My lord, my learned brother, Anayo Adibe (who is also Maina lawyer) informed me this morning that the matter is slated for continuation of hearing this morning.

“And I did not make enquiry as to how he got the information,” he told the court.But Counsel to the EFCC, Mohammed Abubakar, opposed the application for adjournment.

“Despite the fact that hearing notice was not served on the defence formally according to counsel, the presence and announcement of appearance by learner counsel for the defendant is an admission against interest.

“This is particularly considering the fact that my lord is on fiat and no longer reside in Abuja as this court is presently constituted.

“Therefore, effort should be made to maximize the advantage presence of the court by making meaningful progress in the proceeding in the spirit of ACJA 2015.He also argued that the notice of hearing served on the Correctional Service was an order of the court that must be complied with to produce Maina in court.

“It is a violation of the order of the court for Prison Service not to have produced him in court,” he said.Abubakar also reminded that the order of the court that proceeding should continue in Maina’s absence is still subsisting.

“Therefore, while I condemn the failure of the prison authorities to produce the defendant in court, I still submit that the matter can proceed in his absence,” he insisted.

Abang, who acknowledged that the Chief Judge, Justice John Tsoho, issued him a fiat to conclude the matter on July 12, recalled that he directed that hearing notices be issued to parties and the correctional service authorities on July 13.

“One officer of Prison Service called Ochenko received the letter on July 13,” Abang held.He said there was no medical certificate to back why Maina was not in court.

“Even if there is any certificate, it is only persuasive and not binding on the court based on the Supreme Court decision.“The officer said he is aware and that it is his own fault that the defendant is not in court today,” he said.

The judge then refused to grant the application by Adaji.NAN, however, confirmed that Mr Maina was sitting at the back seat of the Hilux Van of the correctional service parked at the premises of the court.

When the matter was called after it was stood down as requested by the EFCC lawyer, Adaji told the court that Maina’s second defence witness (DW2) was not in court.Abubakar then applied that the court should foreclose the evidence of the DW2 and that his earlier evidence given on March 11 should be expunged from court record since the prosecution would not have the opportunity to cross examining him, citing Al-Mustapha case against the state.

Abang, who granted Abubakar’s prayer, said his argument was credible and unchallenged.“Although the official said the defendant is outside the court, I wonder what the defendant should be doing outside the court.

“May be it is a legal strategy but let see how this will work in his favour,” he said.The judge, who ordered that the evidence of the DW2 be expunged from court record, directed Adaji to call the next witness.

“We have no witness in court considering the fact that the counsel was not served the hearing notice of today’s proceeding,” Adaji responded.Abubakar, however, argued that the presence and announcement of appearance by Adaji was an evidence that he was aware of the day’s sitting.

He further argued that since Adaji had no other witness in court and without making any further application, “I urge the court to close the defence of both the 1st and 2nd defendants and adjourned the matter for adoption of final written addresses.”When the judge asked Adaji to respond to Abubakar’s submission, he said: “We have no response.”

Delivering the ruling, Abang noted that “where no excuse is offered, no indulgence should be granted. That is what the Supreme Court said.”

He described the action of Maina’s lawyer” as a delay tactic to further frustrate the matter which was filed since 2019.”

He said since Maina had been given the opportunity to be heard and he failed to do so, he should have himself to be blame.

“I have no option than to close the case of the 1st and 2nd defendants in this matter.“I hereby close the case of the 1st and 2nd defendants.

The parties should therefore file and serve their final written addresses within 21 days,” he ruled.

He adjourned the matter until Oct. 4 for adoption of final written addresses.(NAN)

JUDICIARY

FCT Prisons: 56 Inmates Freed, 33 Shiites Convicted- NCoS

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Justice Husseini Baba-Yusuf, Chief Judge of the Federal Capital Territory (FCT) High Court, has discharged 56 inmates across two custodial centres in the FCT Command of the Nigerian Correctional Service (NCoS).

The  NCoS Public Relations Officer (PRO) of FCT command, Mr Samson Duza made this known in a statement on Thursday in Abuja.

“Out of the 56 inmates discharged, 30 were from the Kuje Medium Security Custodial Centre, while 26 others were from the Suleja Medium Security Custodial Centre.

“During the case review at Kuje Custodial Centre, the Chief Judge discharged five inmates amongst which two awaiting trial inmates were granted bail.

“Three convicted inmates had their fines paid by the Brekete family, Legend Golden Care Foundation and other Civil Society Organisation (CSO), ” he said.

Similarly in a separate case, Justice Belgore delivered a significant judgment concerning members of the Islamic Movement of Nigeria (IMN), also known as Shiites on the same day, at Kuje medium security custodial centre.

“Out of the 58 accused, 25 members, including one female, were discharged and acquitted, while the remaining 33 defendants were found guilty and convicted.

“Sentencing for the convicted individuals is scheduled for the following week.

“At Suleja custodial centre, a total of 102 cases were reviewed and 26 inmates discharged. Among the discharged inmates, 5 were convicted inmates while 21 were awaiting trial,” he said.

Duza said that the Chief Judge in his magnanimity paid the transportation fare of one inmate and compensation for another inmate amounting to the sum of N100,000.

In his address, Controller of Corrections incharge of FCT Command, Olatunbosun Ajibogun appreciated the Judge and his entourage for the visit.

Ajibogun also commended them for their continuous commitment to decongest custodial centres, assuring him of his unreserved support and cooperation to have a sane system.

The jail delivery exercise was part of ongoing efforts by the Nigeria Correctional Service and critical stakeholders in the criminal justice system, to ensure timely dispensation of justice.

This is to also alleviate overcrowding in correctional facilities, and provide inmates with a fair hearing.(NAN) 

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CRIME

Sales Rep Docked Over Alleged Stealing Motorcycle Valued N1.2m

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 The Police on Friday arraigned a 42-year-old sales representative, Surajudeen Lawal in Badagry Chief Magistrates’ Court over alleged stealing Bajaj motorcycle valued at N1,200,000.

The defendant whose address is unknown, is charged on a count of stealing, which he pleaded not guilty.

The Prosecution Counsel, Insp.

Ayodele Adeosun told the Court  that Lawal committed the offence on May 17, at about 11.
00.a.m, at Clemos Tech. Ltd., Abudu Complex, Oko-Afo, Badagry area of Lagos.

Adeosun alleged that the defendant, being a sales representative at the company sold one Bajaj motorcycle valued at N1,200,000, property of one Clement Ogunfododo, the complainant and converted the money to his own use.

“The defendant could not give the account of the money when he was asked to pay the money into company’s account.

“He was arrested and handed over to Police for interrogation and prosecution.

“The offence contravened the provision of Section 287 of the Criminal Law of Lagos State, 2015.

The Chief Magistrate, Mr Patrick Adekomaiya granted the defendant bail in the sum of N400,000 with two sureties in like sum.

He said one of the sureties must be gainfully employed.

Adekomaiya adjourned the case until June 11, for mention. (NAN)

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JUDICIARY

UPDATE: Court Admits Defence Videos As Evidence in Nnamdi Kanu’s trial

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The Federal High Court in Abuja on Thursday, admitted in evidence videos of Gen. Theophilus Danjuma (rtd.), Gov. Hope Uzodinma of Imo and the Director General of Department of State Services (DSS), Adeola Ajayi, in Nnamdi Kanu’s Defence.

Justice James Omotosho admitted the flash drive containing the three separate video recordings as Exhibit PW-P and a certificate of compliance as Exhibit PWP-1 in the ongoing terrorism trial of Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).

The documents were admitted in evidence after Paul Erokoro, SAN, counsel for Kanu, tendered them from the bar and were not opposed by the Federal Government’s lawyer, Adegboyega Awomolo, SAN.

The three video recordings were played in the open court and the FG’s witness, an operative of the DSS, identified as BBB, was crossed examined by Erokoro.

Earlier, the lawyer reminded the witness that during the cross examination the previous day, reference was made to remarks by Danjuma and the DSS DG and he responded in affirmative.

“Do you know your DG and if you see him, will you recognised him,” Erokoro asked.

“Yes, I will my lord,” BBB responded, and the lawyer sought the leave of the court for the video to be played.

In one of the videos, the DSS DG was addressing a gathering of people where he suggested that communities should endeavour to create a first line of defence against bandits and other invaders.

In the video, Ajayi cited examples of two communities; Azare and Tafawa Balewa in Bauchi State, that were able to kill and dislodge Boko Haram insurgents through collective effort when he was serving as state director.

He, however, said that such effort must be done under the guidance and approval of the security agencies.

The DG said it was practically impossible for security agencies to protect every society in the country.

The DSS boss was heard saying: “The practical approach to mobilising people is to get everyone involved. It is impossible for the security agencies to deploy to every part of the country.

“What we need to do is to make communities set up first line of defence.

“We have to allow some levels of armament for the communities to rise and defend themselves first, but under the guidance and approval of security agencies. The time to start it is now.”

When asked by Erokoro whether the DG DSS was not asking for communities to defend themselves, the witness emphasised that the DG stressed that such communities must come for guidance and approval from security agencies.

In another video, former Defence Minister, Gen. Danjuma, was shown making a remark in an event.

Danjuma was heard, in the video, saying members of the armed forces were not neutral in the ongoing killings across the country.

The ex-General said in the video: “the peace in this state is under threat. There is an attempt for ethnic cleansing in this state and all the riverine states of Nigeria. We must resist it. We must rise up.

“The armed forces are not neutral. They collude with armed bandits that killed Nigerians, they facilitate their movement. They cover them.

“If you are depending on the armed forces to protect you, you will all die one by one.”

When asked by Erokoro who the speaker in the video was, the witness confirmed that he was Danjuma.

Erokoro then asked the witness if he heard Danjuma calling on people to defend themselves and that the security agencies were not neutral and BBB responded in affirmative.

BBB, however, rejected Erokoro’s request to give his (BBB’s) opinion on the implication of what Danjuma said.

“I am not here to interpret his statement. The maker of the video should be the one to interpret it himself,” he said.

When the lawyer asked him if he was aware DSS arrested Danjuma for making the statement, the witness said: “I am not aware my organised arrested him.”

The third video showed Gov. Uzodinma complaining about the killings of some All Progressives Congress (APC)’s leaders in his state and blamed it on the politicians.

The governor said in the video: “Wicked politicians are sponsoring the killings in Orlu. The APC leaders were killed but not one PDP leader has been killed or attacked for once.

“I think there cup is now full and killings of innocent people must stop in Imo.”

Uzodinma, who said it occured to him that the alleged killers were after APC members, said government would come hard on them if they failed to refrain from such act.

When asked who the speaker was, the witness said it was Gov. Uzodinma.

Erokoro then asked BBB whether Uzodinma’s position did not contradict his claim in court that IPOB members were behind killings in Orlu in Imo.

Responding, the witness said DSS’ position was informed by the outcome of their investigation.

BBB further said that, while Uzodinma failed to mention names of victims of the killings he referred to, the DSS’ investigation was specific on the identity of those killed by suspected IPOB members, who were enforcing the sit-at-home order directed by Kanu.

“Our investigation revealed those who were killed by suspected IPOB members and we mentioned their names, but the governor did not mention any name of people he said were killed,” the witness said.

BBB, who was the 2nd prosecution witness (PW-2), was also cross examined by Ekororo based on his earlier testimony.

When asked about the IPOB status, the witness said he was aware that IPOB had been proscribed by an order of court and that Kanu had been a member of IPOB before and after its proscription.

On whether he knew what the EndSARS protest was about, the witness said it was about the call by some people for the police’s Special Anti Robbery Squad (SARS) to be scrapped.

The witness also said he was aware that some states, including Lagos and the National Human Rights Commission (NHRC) constituted commissions of enquiry to probe the EndSARS protest and other related incidents.

When he was asked to read the heading of the report of the panel, the witness said: “Lagos State Panel of Judicial Enguriy on Restitution  of Victims of EndSARS Protest and Other Matters.”

The witness agreed with Erokoro that the report from the commission set up by Lagos State did not indicate IPOB and that it did not classify the protest as act of terrorism.

Erokoro tendered the report issued by the Lagos’s commission of enquiry, which the court admitted in evidence as Exhibit PWO after it was not opposed by FG’s lawyer, Chief Adegboyega Awomolo.

When he was asked if Kanu’s international passport had ever been in DSS custody, the witness said he had never seen the passport before.

When asked if he was aware Kanu had travelled to different countries before, BBB said the IPOB leader told him he had travelled to many countries.

He said though he did not know if the name, “Biafra,” had been proscribed, BBB said he was aware that IPOB had been proscribed.

The witness, who admitted that the AGF letter was tendered through him in court, said he was aware of all the allegations against Kanu mentioned by the AGF in the letter.

The witness disagreed with Erokoro that the letter did not serve any useful purpose.

He said he did not know if Kanu had been in detention for the past five years.

When asked if he had the report of the investigation on Kanu, BBB responded in affirmative.

He, however, said that the report was not with him in court because the report belongs to the government.

The witness said his involvement in Kanu’s matter was only the taking of his statement on the video.

When asked if there were any other persons as defendants in the charge against Kanu, BBB said it was only Kanu he saw as sole defendant.

Erokoro put the question to BBB that in the earlier video he watched, there was no one bearing arms as members of ESN.

Responding, the witness said: “In the video we watched, I cannot say they carry arms or they did not carry arms.”

The witness further explained that the people might be carrying arms underneath them.

While responding to question during re-examination by FG’s lawyer, Chief Adegboyega Awomolo, SAN, on whether the Eastern Security Network (ESN) set up by Kanu and Amatekun established by south west states had the same features in their formation, the witness said ESN was an illegal group unlike the Amotekun.

The witness said Amotekun was backed by laws, passed by the various houses of assembly of the six south west states while ESN had no law supporting its existence.

“ESN and Amotekun are not the same. I know that states in the South West passed laws to legalise Amotekun. But, ESN is not registered.

“ESN is illegal. Amotekun is recognised by law,” the witness said.

Justice Omotosho, then discharged BBB from the witness box.

The judge, before adjourning for the day, gave the prosecution six days within which to call all its witnesses and conclude its case.

He said this would, however, depend on how fast the defence too conduct their cross examination.

Justice Omotosho also indicated that the defence would be allocated nine days

He reminded parties that accelerated hearing had been granted in the case so that the trial could be concluded within reasonable time in the interest of justice.

The judge, following an agreement by lawyers to parties, adjourned until May 28 and May 29, June 6, June 16, June 18 and June 19 for the prosecution to conduct its case.(NAN)

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