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NASS: Court told to withdraw Gbajabiamila’s speakership, order arrest of lawmaker

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The Speakership position of Hon. Femi Gbajabiamila has come under intense threat as members of Global Integrity Crusade Network, GICN under the auspices of Coalition of Civil Society Organization for Justice and Equity, CCSO-JE, have asked the Federal High Court sitting in Abuja to order the Independent National Electoral Commission to withdraw the Certificate of Return issued to Gbajabiamila as member representing Surulere I Federal Constituency of Lagos State.

Incorporated Trustees of the Network, in a public interest suit, sought for Gbajabiamila’s seat in the House of Representative to be declared vacant on account of him purportedly not being qualified to contest in the 2019 election, having allegedly lied under oath for purposes of contesting the 2011 election that he was not in the last ten years before then convicted and sentenced for an offence involving dishonesty.

This group stated that Gbajabiamila’s claim flies in the face of the judgment of the Supreme Court of the State of Georgia, USA led by Chief Justice Leah Ward Sears showing that he was truly convicted on 26th February, 2007 for fraud involving the sum of $25,000 which the Speaker was said to have collected as personal injury claims from an insurance company due to one Ms. Hadyatou Barry but failed to disburse to her in the year 2003 in USA, where he was practising as an attorney.

In its Originating Summons filed pursuant to Order 3 Rules 6, 7 and 9 of the Federal High Court (Civil Procedure) Rules, GICN also asked the court to compel the Nigeria Police Force to arrest and prosecute Gbajabiamila for the offence of perjury having allegedly lied under oath in EXHIBIT GICN 10, which he submitted to INEC for purposes of contesting the 2011 General Elections that he was not in the last ten years before then convicted and sentenced for an offence involving dishonesty.

Aside Gbajabiamila, who is the first defendant in the suit, other defendants are the House of Representatives, Clerk to the National Assembly, the All Progressives Congress, APC, the Independent National Electoral Commission, INEC, and the Nigeria Police Force, who are the second, third, fourth, fifth and sixth respondents, respectively.

Meanwhile, the case which came up for mention on Monday, 17th June, 2019 before Honourable Justice Inyang Ekwo of the Federal High Court 6, saw Edward Omaga, Esq. leading Abiodun Sodiq Babalola, Esq. and Joseph Chinelo Nwaegbu, Esq. announcing appearance for the Plaintiff who was represented in court by their Secretary, Board of Trustees, John Obor, Esq.

When Omaga sought to move Motion Exparte seeking abridgement of time, amongst other reliefs, one Barr. Adedeji with Barr. Ope Adeyemi from Lagos entered appearance for Hon. Femi Gbajabiamila being the 1st Defendant. They applied to receive service of all the originating processes on his behalf, thus necessitating withdrawal of Prayer 2 on the motion paper seeking to serve Hon. Gbajabiamila by substituted means vide Leadership and Daily Trust newspapers. Meanwhile, as a way of erring on the side of surplusage the Plaintiff has mobilized bailiff of court to serve all parties with both the originating processes and Enrolled Order for abridgement of time.

The Court, whilst adjourning the suit to Monday, 1st July, 2019 for further mention, ordered the Plaintiff to serve parties within seven days to enable them to respond within the abridged period of fourteen days instead of the thirty days allowed by the rules.

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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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