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N4.7bn Fraud Trial: Court Discharges, Acquits Ladoja

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The Federal High Court in Lagos has discharged and acquitted a former governor of Oyo State, Chief Rashidi Ladoja, of the N4.7bn fraud charges pressed against him by the Economic and Financial Crimes Commission in 2008.

Delivering judgement in the 11-year-old trial on Friday, Justice Mohammed Idris said the evidence brought to court against Ladoja and Waheed Akanbi, a former Oyo State Commissioner for Finance, was “too low on credible evidence.”

The judge said the EFCC failed to call relevant witnesses that could have helped it to prove its case, adding that the six witnesses it called gave inconsistent and contradictory testimonies.

The judge said most of the documents which the EFCC tendered in support of its case were lacking in probative value since relevant witnesses were not called to speak to them.

He noted also that the prosecution was inconsistent with the amount of money it claimed that the defendants diverted and laundered.

Justice Idris described the handling of Ladoja’s case by the prosecutor, Mr Olabisi Olufemi from the law firm of Festus Keyamo, as an example of how a criminal case should not be handled.

Describing the prosecution of Ladoja and Akanbi as unjust, Justice Idris said he found that if anyone was to be prosecuted for the alleged fraud, it should have been the persons whom the EFCC fielded as prosecution witnesses two, three and four.

The judge said, “There is a thin line between success and failure; that thin line is called credible evidence. The case of the prosecution is too low on credible evidence. For this reason, I agree with the 1st defendant when he stated that to sustain the 11 counts, the prosecution called six witnesses, three of whom, being PW2, PW3 and PW4, are participles criminis, who adduced material evidence.

“The court, therefore, warns itself of the danger of believing the evidence of PW2, PW3, and PW4, who are participles criminis, without collaboration of same by an independent witness.”

The judge said there was no way government would succeed in its anti-corruption fight, where real offenders were shielded as in Ladoja’s case.

He said, “This country cannot sustain the fight against corruption in the manner in which this case has been prosecuted, where those that should be proper defendants in the case were shielded away from prosecution. This is injustice and this court will not partake in an injustice.”

“Prosecutors must be committed to promoting a justice system founded on fairness, equity, compassion,” he added.

Justice Idris said as the prosecution failed to prove any of the 11 counts against Ladoja and Akanbi, he was unable to convict them as requested by the EFCC.

Reacting to the judgment, Ladoja said, “I’m grateful to God. It shows that the judge actually understood the issue. What interests me about the judgement was the fact that the judge made some fundamental observations. That if you want to fight corruption in Nigeria, the prosecution should work better.

“He pointed out that the people who were supposed to be charged were shielded from prosecution. Which means that they were only looking for big names; they wanted to prosecute Ladoja because he was a former governor; whereas the people who stole the money were there, shielded by the prosecution.”

The former governor said the 11-year trial took a toll on him.

“11-year-old trial, it has taken a toll on me. But I only hope that this will be a lesson to the prosecution.”

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Ex-Gov Bello Stripped of Security Details, Placed on Watchlist

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The Nigeria Immigration Service (NIS) has placed Yahaya Bello, former governor of Kogi, on a watchlist, just as the police headquarters in Abuja “ordered the withdrawal of all men attached to his excellency Alhaji Yahaya Bello, former executive governor of Kogi state”.

Bello was declared wanted by the Economic and Financial Crimes Commission (EFCC) on April 18 after his absence from the federal high court in Abuja “stalled his arraignment”.

The anti-graft agency alleges that Bello, alongside Alli Bello, chief of staff to Usman Ododo, governor of Kogi; and one Daudu Suleiman, diverted about N80.2 billion belonging to the Kogi government.

In a statement signed by DS Umar, assistant comptroller of immigration, on behalf of Kemi Nandap, comptroller-general of the NIS, the agency said “the above named person has been placed on watch list”.

“The subject is being prosecuted for breach of trust and money laundering. If seen at any entry or exit point, he should be arrested and referred to the Director of Investigation for further action,” the statement reads.

On April 17, the EFCC ended its siege on Bello’s residence in Abuja after Usman Ododo, governor of Kogi, arrived at the house and was later seen leaving with his predecessor.

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N80.2b Fraud: EFCC Declares Ex- Gov Bello Wanted

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The Economic and Financial Crimes Commission (EFCC) has declared the immediate past governor of Kogi State, Yahaya Bello, wanted. Yahaya Bello was declared wanted for offences bordering on economic and financial crimes, with special emphasis to an alleged N82.2 billion fraud.

This was contained in a press statement made available to news men on Thursday.

The statement signed by Commission’s management reads as follows:

“Former Kogi State Governor, Yahaya Bello, is wanted by the EFCCfor offences relating to economic and financial crimes to the tune of N80.2 bn.

“Anybody with information as to his whereabouts should report immediately to the commission or the nearest police station.”

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EFCC Seeks Military’s Help to Arrest Fleeing Ex-Gov Bello

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Justice Emeka Nwite of the Federal High Court Abuja, on Thursday, adjourned to April 23, the suit instituted by the Economic and Financial Crimes Commission (EFCC) against the immediate past Governor of Kogi State, Mr. Yahaya Bello.

The adjournment is for substituted service and possible arraignment of Bello for alleged N84billion money laundering.

At the sitting, counsel for the EFCC, Kemi Phinro, told the court that Bello was absent from court for his arraignment because he was being protected by someone with immunity.

Phinro complained that the former governor was whisked out of his Abuja residence by the same person with immunity.

Phinro said the anti-graft agency might seek the help of the military to fish him out to come face his arraignment.

Responding to this submission, Yahaya Bello through his counsel, Abdulwahab Muhammad, told the court that there is an order of the court restraining the EFCC from arresting or arraigning him.

Muhammad said a Kogi State High Court had on February 9, 2024 restrained the EFCC from arresting or arraigning the former governor.

He added that the EFCC has appealed the ruling and the Court of Appeal was yet to decide on the matter.

He pointed out that the action of the EFCC was unconstitutional and the court lacked jurisdiction to entertain any charge from the EFCC.

Counsel for the EFCC, however, disagreed with the submission of the counsel to Bello.

The EFCC counsel held that the ruling in the substantive matter on the suit was delivered on March 17, 2024 by the Kogi State High Court.

He cleared the air that the court in its ruling held that for the former governor to be arrested or arraigned, the EFCC must first seek leave from the court to do so.

He said it was in line with that judgment that the EFCC, through an exparte application, filed for the order seeking the arrest of the former governor which was granted by the court.

Counsel for Yahaya Bello, however, insisted before the court that the order for the ex-governor’s arrest was made out of jurisdiction. He said the former governor is not a fugitive, but relying on the order of the Kogi State High Court to take protection.

On Wednesday, EFCC operatives stormed Bello’s residence in the Wuse area of Abuja and spent most part of the day attempting to arrest the former governor whom the Commission later confirmed was whisked away by his successor.

The EFCC subsequently warned members of the public that it is a criminal offence to obstruct officers of the Commission from carrying out their lawful duties.

The Commission’s spokesperson said that Section 38(2)(a)(b) of the EFCC Establishment Act makes it an offence to prevent officers of the Commission from carrying out their lawful duties.

According to him, culprits risk a jail term of not less than five years.

“On several occasions, operatives of the Commission have had to exercise utmost restraint in the face of such provocation to avoid a breakdown of law and order.

“Regrettably, such disposition is being construed as a sign of weakness.

“The Commission, therefore, warns that it will henceforth not tolerate any attempt by any person or organisation to obstruct its operation as such will be met with appropriate punitive actions,” the statement added.

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