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Onnoghen Trial: Blow-By-Blow Account of Proceedings , FG Wants CJN To Step Aside

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The Code of Conduct Tribunal (CCT) trial of Chief Justice of Nigeria, Justice Walter Onnoghen comtinued today with serious legal fireworks.

Here is a blow by blow account of the court proceedings

▶As at 8am, there’s heavy Police presence.
▶The orders of the various courts restraining the CCT from proceeding with today’s business are boldly pasted at the gate.
▶it appears there is also post on the gate that the NBA is filing an application seeking to join as amicus curiae. The application is couched as seeking leave for the NBA to appear as amicus curiae
▶Tribunal will sit at 10am as always.
▶Prosecution Counsel has just asked the CCT Registry whether there is an express positive order from Court of Appeal restraining them from proceeding with today’s business and they said No

Thank you

*NBA PRESIDENT (Paul Usoro, SAN) HAS DIRECTED IMMEDIATE WITHDRAWAL OF APPLICATION SEEKING TO JOIN NBA AS AN AMICUS CURIAE , SAYING THAT NBA IS NOT AWARE & DID NOT APPROVE THE FILING, OF ANY SUCH APPLICATION *

1⃣The NBA Leadership learnt this morning that there is an application purportedly filed on behalf of the NBA, and seeking CCT’s leave for NBA to join the case as an amicus.
2⃣However, the NBA President has written to the NBA General Secretary, directing that the General Secetary should ensure that the application filed to join NBA as amicus is forthwith withdrawn at the CCT proceedings today. And it must not be moved as NBA never approved the filing of any such application, for the following reasons:
▶The NBA President and the NBA Leadership were not consulted prior to the filing of such application on their behalf. The NBA Leadership was not aware of the filing or any plans to file the application and did not give any directive for the filing of such application
▶The NBA Leadership has mever taken any decision to file any such application, neither was there any resolution to that effect from any organ of the NBA National Leadership
▶That the NBA President and the NBA Leadership is not aware of any provision under the Rules or in law for such application.
▶That appointment of amici is always at discretion of the court or tribunal.”

Thank you.
Proceedings commence

▶ .Aliyu Umar SAN & 9 Ors for Prosecution
▶Wole Olanipekun SAN & 33 other Senior Advocates for Defence.

Chairman is now taking appearance of the other lawyers
▶Prosecution says business of the day is arraignment and pending applications. Pending applications are 1) Preliminary Objection challenging jurisdiction of Tribunal to hear Charge 2) Application for CJN to step aside
▶Prosecution says its obvious arraignment cannot take place in Defendant’s absence says last time Tribunal couldn’t proceed due to Defendant’s absence
▶Prosecution requests that the Tribunal inquire whether Defendant has been served with Charge
▶Defence gives an account of last day’s proceedings differs.. Says he is not aware that business of the day  was arraignment. Reads Courts record where it states that business of the day is hearing of pending applications
▶Defence counsel informs Tribunal that there has been in any case intervening events, draws Tribunal’s attention to Exparte Order of the Federal High Court restraining the Defendant and Tribunal from taking any step that will interfere with the Res of the Suit before FHC pending determination of the Motion on Notice. Says life span of order has been further extended to 28 January 2019 when Motion on Notice will be heard

▶Defence also informs Tribunal of Peter Abang’s Suit before the NIC where CCT Chair is 2nd Defendant and CCB 3rd Defendant and interim order of 14 January 2019 restraining Defendants from proceeding further with Hearing of the Charge pending determination of the Motion on Notice for Interlocutory Injunction

▶Defence informs Tribunal of 3rd Restraining Order from Valentine Ashi of FCT High Court in Inc Trustees of Foundation of Defence of Consumers Right v AGF & 6 Ors. Hon Chairman is 2nd Defendant in personal capacity & CCT Chair 3rd Defendant in official capacity..the Order mandates all parties to maintain status quo as at 15 January 2019 pending hearing and determination of the Motion on Notice

▶Defence informs Tribunal of 4th Order from Ekwo J of the FHC in which President FRN is 1st Defendant and CJN 3rd Defendant, CCT Chair is 5th Defendant. Ekwo’s order was made 21 January 2019 ordering parties to maintain status quo pending determination of the Motion on Notice fixed for 29 January 2019

Defence says all orders have been served on parties. Informs Tribunal of letter of 18 January 2019 in which 1st Order of FHC per Maha J was also brought to Tribunal’s attention
▶Defence further informs Tribunal of its Appeal to the Court of Appeal on the order consolidating the two pending applications
▶Says Court of Appeal sat on appeal yesterday and the appeal is adjourned to Thursday for Hearing of the Motion for Stay of Further Proceedings at CCT & acceleration of the Appeal
▶Defence says that Prosecution told Court of Appeal that there was no need for fresh order in view of orders of the various High Courts
▶Cites AG Anambra v AG Fed, Pt 606 says that orders of Courts of competent Jurisdiction must be obeyed until it is set aside

▶Cites Rosec Case (1993) NWLR pt 312 per Bello JSC where SC held that Judgment remains binding until set aside by competent Court
▶Directs Court to excerpt that says whether order is null or void it must be obeyed until it is set aside
▶Refers to Section 287 (3) of the Constitution and submits that it enjoins all parties to enforce the decisions of the Courts and must be enforced and given effect by all persons
▶Cites Ngere v Okwuwute which referred to locus classicus case of Mil Governor Lagos State v Ojukwu and reads excerpt
▶In commending all the decisions to the Tribunal says Court of Appeal is now siesed of the matter and urges Tribunal to take cognisance of Mohammed v Olawunmi pt 287, page 254 at 281 per Olatiwura JSC..reads part where it says it amounts to ” judicial rascality and irresponsibility ” if a Judge of subordinate Court decides not to obey an order of a Court
▶Urges Tribunal to “respect, apply, enforce, comply with and give effect” to subsisting orders and take cognisance of Appeal and adjourn the proceedings sine die till the determination of the matters at the different High Courts and the Court of Appeal

Prosecution now addressing Court.
Prosecution says he is within his rights to ask for an arrest warrant but will not be asking for same.

▶Cites Ahmed v Ahmed wherein Onnoghen JSC held that the CCT is not subject to supervision of any High Court
▶Says that application is seeking is that the Defendant “Step Aside” and it doesn’t amount to removal by any means.
▶Submits that Ojukwu Case and all other cases cited are distinguishable from this scenario. Submits that Tribunal is not under supervision of the NIC and FHC
▶Submit that CCT is not duty bound to enforce decisions of those courts
▶Cites Saraki v FRN pt 1646 where the Uniqueness and Independence of the CCT was asserted.
▶Says that there has not been an order of the Court of Appeal
▶Goes back to Defendant’s absence and says that although he is not making an application for a bench warrant but will want the Court to in deciding whether to adjourn or not take note of Paragraph 11 of the Tribunal’s Practice Direction Paragraph and asks for Interim Order in terms of their Motion on Notice asking the CJN to Step Aside.
▶Defence says that its Jurisdiction application has not been argued and as such the Tribunal cannot make any orders
▶Describes Prosecution’s application as stunning
▶Says Tribunal cannot make any injunctive orders till it decides on its Jurisdiction
▶Cites NDIC v CBN on the point that where Jurisdiction is challenged the only Jurisdiction the Court has is to determine whether it has jurisdiction
▶Cites NDIC v CBN on the point that where Jurisdiction is challenged the only Jurisdiction the Court has is to determine whether it has jurisdiction
▶On Defendant’s absence draws Tribunal’s attention to the fact that the Defendant is a party to the FHC Suit against whom there is a subsisting order and that in any case the Tribunal has not gotten to the stage to determine whether Defendant’s presence is necessary

▶Defence says that assuming without conceding that CCT is not bound by the High Court Orders refers to the Court of Appeal decisions and SC decisions earlier cited
▶Refers to Miscellaneous Tribunal of Inquiry v Okoroafor FWLR pt 81 in submitting that assuming this Tribunal is of coordinate jurisdiction as the FHC, FCTHC it still cannot overrule their decisions
▶Cites Section 246 (1) that says Appeals as of right lie from CCT to Court of Appeal. Refers also to Tribunal’s Ruling in CCT 01/ 2017 FRN v Sylvester Ngwuta where the Tribunal held that FRN v Ngajiwa decision is binding on it and upheld the principle of stare decisis
▶Distinguishes all cases cited by the Prosecution and and contends that they have no relevance to this matter. Describes the Ahmed v Ahmed case as a matter between husband and wife and touching on whether a public officer may engage in private business

▶Tribunal rises for 1 hour to rule on Defence application that Tribunal adjourn sine di

Tribunal is back
The various orders of the FHC & NIC is not binding on tribunal. Holds that Tribunal is established by Constitution to deal with breach of code of conduct to the exclusion of any other court
Any order from those Courts cannot stop CCT from proceeding as Constitution is Supreme
Relies on S 246 Constitution

▶Holds that CCT has unqualified original jurisdiction to determine breach of code of conduct Abubakar v Aliyu. Holds CCT ranks equal to FHC & NIC. Holds that CCT is of coordinate jurisdiction as the others
▶Says the persons who obtained the orders and busy bodies and in anycase are not before the CCT
▶Says by Section 306 of ACJA applications for stay of proceedings cannot be countenanced
▶Concludes that the Tribunal will not adjourn sine die
▶Points out that the process for removal of CCT Chair is more onerous than removal of President NIC & CJN. Says it goes to show how “powerful” the Tribunal is.
▶Therefore orders that Defence proceed to move their application challenging the  jurisdiction.

▶Tribunal Holds further that issues in applications here are not new.
▶Holds that Tribunal has no other option but to agree with Defence that orders of NIC & FHC are binding until set aside
▶Holds that Jurisdiction remains unresolved and until it is resolved it will be dangerous to proceed with Prosecution’s application.
▶Concludes that the case on appeal should be allowed to take its course on 24 January
Defence Counsel Wole Olanipekun says he wants to file a case on the counter-affidavit and service to the client including other issues hence there is little time to continue on the issue of jurisdiction at CCT. He is asking for an adjournment.

Tribunal adjourns Charge to Monday, 28 January 2019 for Hearing of Defendant’s Preliminary Objection
▶RULING BY CCT MEMBER 1:
Member 1 now reading her Judgment. adopts Danladi’s Judgment as hers. Member 1 aligns with the Chairman’s decision consequently, defence application that the Tribunal adjourn sine die was refused

▶RULING BY CCT MEMBER 2:
Rules in favour of the Defence

▶Defence applies for adjournment as response to its Preliminary Objection was only served on Defence late yesterday and expresses intention to file a Further Affidavit and Reply Address in respect of same

▶Prosecution concedes that defence was only served yesterday but states intention to move application for Interim Preservatory orders ie that the CJN step aside in the interim

▶Tribunal asserts that issue of Jurisdiction must be settled first

▶Tribunal adjourns Charge to Monday, 28 January 2019 for Hearing of Defendant’s Preliminary Objection

 

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Ezekiel Bolarinwa Ajayi: Mentor, Philanthropist Revels at 80

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By Eric Elezuo

The ancient town of Ile-Ife was agog weekend, when Professor Ezekiel Bolarinwa Oladele Ajayi, a renowned educationist, accomplished mentor and elder brother of veteran journalist, Dele Momodu, pulled all the stops to mark a resounding entry into the octogenarian club, celebrating his 80th birthday with fanfare, pomp and class.

The event, which attracted family members, colleagues in the academic world, friends and well wishers, was another testament in the expression of influence, clout and connection.

Held at the Rock Rehoboth Cathedral in the centre of Ile-Ife, the event brought out the best in the Stanford trained PHD holder, as beamed with contagious smiles, absorbing accolades from a crowd of well wishers and dignitaries, most of whom traveled half  way across the world to felicitate with the newest octogenarian.

A lavished reception followed after heartfelt prayers were said for the celebrant flanked by his wife of many years, children and grandchildren. The reception witnessed guests savoring the best of continental and local delicacies as well as dancing happily to the old school tunes.

The highpoint of the event was the cutting of the gigantic cake by the birthday boy around whom were dotting family members.

As guests expressed their profound, hearty and sincere congratulations towards the octogenarian, whose event changed the landscape of Ife, many recalled how they have come a long way from their very humble beginning in Gbongan Olufi.

Fondly called Ladele, Prof Ajayi was born on March 23, 1944 in Gbongan, Osun State, where he had his earliest beginnings.

He statted his education at the Saint Paul’s School Gbongan, before moving on to Saint Judes School, Ebute Metta, and later to Saint Stephens School, Ile-Ife, where he completed his primary education.

After his elementary education, he was admitted into the Government College lbadan, where he was described as having  ‘passed out in exceedingly bright colours’. As many that knows him has confirmed that Prof Ajayi was a walking encyclopedia, and vibrated with intelligence while at school.

It was not therefore, surprising that he later proceeded to the United States of America, after his secondary education, where he attended various prestigious Universities including Stanford University. It is worthy of note that all his appearances for university education were on different scholarships. It was also at Stanford that he bagged his PhD honours.

On the completion of his PhD programme in Stanford, Prof Ajayi was recruited by the University of Ife, as it was then known, before its transmutation to Obafemi Awolowo University, where he later became a Professor of Physics, a position he jealousy guarded until retirement from active classroom duties.

According to a very close family member and confidant, Bola Adeyemo, who spoke glowingly about their fond relationship, Prof Ajayi “also became active in things of God. Like a proverbial gold fish, he has been recognized as a Pastor. Ladele played a mentoring role in the final years of school for my twin daughters who both graduated from the medicine program in the same University.

“The mutual fondness between Ladele and I remains very much intact. Ladele and l share common ancestry. His father who was the Otun Olufi of Gɓongan was a much older cousin to my mother and was fondly referred to as baba mi ile ASORO. They both had the same tribal marks. Ladele can be classified as belonging to the royal class as his father was the OTUN OLUFI while his mother was the daughter of the ÒOSA, first class chief in Gbongan.”

A life of Prof Ajayi without a mention of prolific publisher of the Ovation brands,  Chief Momodu, remains incomplete. It is worthy of note that apart from both sharing the same mum as siblings, the Prof was instrumental in shaping and mentally mentoring Momodu on the path of education. His 80th birthday was a reminder of how it used to be in times past as it marks a form of reunion for the Ajayi extended household.

Among those who attended were his daughter, Kemi Ajayi-Ingram, who flew in all the way from the United States of America, with her entire family; his niece, Yejide Ajayi among a host of others.

We wish the ebullient octogenarian a splendid birthday, and many ore years of splendid celebrations.

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Easter, Ramadan: Adeleke Releases March Salaries, Pension, Palliatives, Approves Promotion for Personnel

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Osun State Governor, Ademola Adeleke, has approved the release of salaries, pensions and palliatives for the month of March for all public servants in the state, as well as approved the promotion of service personnel due for promotion from 2023.

Adeleke’s show of love for the entire workforce, is in spite of the fact that the State allocation from the Federation account is yet to be released, according to a statement signed by the governor’s spokesperson, Mallam Olawale Rasheed.

The Head of Service, Mr Samuel Ayanleye Aina confirmed the approval of the March salaries, pension and palliatives, noting that the fast tracked approval covered all categories of state and local government employees including tertiary institutions in the State.

“I can confirm that Mr Governor has approved the March salaries, pension and palliative wage awards, including the usual payment of the outstanding half salary for retirees under the contributory pension scheme yet to obtain their bonds. Mr Governor requested for the file and granted immediate approval.

“Any moment from now, alerts will be landing in our peoples’ accounts. This is a preemptive step on the part of Mr Governor to meet the needs of our people”, the Head of Service explained.

Governor Adeleke who has been hosting inter faith leaders at the Government House said he approved the early payment to ease the burden of the workers ahead of the Easter period.

“As I wish muslim and christian faithfuls blessed fasting season, the early payment is a gesture of support for workers whose welfare remains the number one priority of our administration”, the Governor noted.

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FG Announces Nine Individuals, Six BDCs Financing Terrorism

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The Federal Government says it has uncovered the identity of 15 entities, including nine individuals and six Bureau De Change operators and firms, allegedly involved in terrorism financing.

Details of the development were revealed by the Nigerian Financial Intelligence Unit, in an email seen by The Punch on Tuesday night, entitled “Designation of Individuals and Entities for March 18, 2024.”

The document revealed that the Nigeria Sanctions Committee met on March 18, 2024, where specific individuals and entities were recommended for sanction following their involvement in terrorism financing.

“The Honourable Attorney General of the Federation, with the approval of the President, has thereupon designated the following individuals and entities to be listed on the Nigeria Sanctions List,” the document read in part.

Among the individuals named in the document was a Kaduna-based publisher, Tukur Mamu, who is currently being tried by the Federal Government for allegedly aiding the terrorists who attacked the Abuja-Kaduna train in March 2022.

According to the document, Mamu “participated in the financing of terrorism by receiving and delivering ransom payments over the sum of $200,000 US in support of ISWAP terrorists for the release of hostages of the Abuja-Kaduna train attack.”

The document said one of the individuals is “the suspected attacker of the St. Francis Catholic Church Owo, Ondo State on June 5, 2022 and the Kuje Correctional Center, Abuja on July 5, 2022.”

Another was described as “a member of the terrorist group Ansarul Muslimina Fi Biladissudam, the group is associated with Al-Qaeda in the Islamic Maghreb.

 “The subject was trained and served under Muktar Belmokhtar, aka One Eyed Out, led Al-Murabtoun Katibat of AQIM in Algeria and Mali.”

The NFIU said the individual “specialises in designing terrorist clandestine communication code and he is also Improvised Explosive Device expert.

“The subject was also a gate keeper to ANSARU leader, Mohammed Usman aka Khalid Al-Bamawi. Equally, he was a courier and travel guide to AQIM Katibat in the desert of Algeria and Mali. He is into carpentry. Subject fled Kuje correctional centre on July 5, 2022. He is currently at large.”

Another was identified as “a senior commander of the Islamic State of West Africa Province Okene.”

The agency said, the individual “came into limelight in 2012 as North Central wing of Boko Haram.

“The group is suspected of the attacks carried out around Federal Capital Territory and the South West Geographical Zone, including the June 5, 2022 attack on St. Francis Catholic Church, Owo, Ondo State.”

Another was described as “a financial courier to ISWAP Okene. She is responsible for the disbursement of funds to the widows/wives of the terrorist fighters of the group.”

According to the document, another of the individuals “in 2015, transferred N60m to terrorism convicts.”

He was also said to have “received a sum of N189m  between 2016 and 2018.”

The same person is said to “own entities and business reported in the UAE court judgment as facilitating the transfer of terrorist funds from Dubai to Nigeria.”

Another individual was said to have “received a total of N57m from between 2014 and 2017.”

Another was said to have “had a total inflow of N61.4 bn and a total outflow of N51.7bn from his accounts.”

The document further revealed that, in accordance with Section 54 of the Terrorism (Prevention and Prohibition) Act, 2022, institutions and individuals are required to:

“(a) immediately, identify and freeze, without prior notice, all funds, assets, and any other economic resources belonging to the designated persons and entities in your possession and report same to the Sanctions Committee;

“(b) report to the Sanctions Committee any assets frozen or actions taken in compliance with the prohibition requirements.

“(c) immediately file a Suspicious Transactions Report to the NFIU for further analysis on the financial activities of such an individual or entity; and

“(d) report as a Suspicious Transactions Report to the NFIU, all cases of name matching in financial transactions prior to or after receipt of this List. ”

It said the “The freezing obligation required above shall extend to

“(a) all funds or other assets that are owned or controlled by the designated persons and entities, and not only those that are tied to a particular act, plot, or threat of terrorism or terrorism financing;

“(b) those funds or other assets that are wholly or jointly owned or controlled, directly or indirectly, by designated persons or entities;

“(c) the funds or other assets derived or generated from funds or other assets owned or controlled directly or indirectly by designated persons or entities; and

“(d) funds or other assets of persons and entities acting on behalf of, or at the direction of designated persons or entities.”

The Punch

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