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Appeal Court Upholds Akpabio’s Petition, Sacks Senator Ekpenyong, Orders Rerun

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The Court of Appeal sitting in Calabar, Cross River State has ordered a rerun election in Essien Udim Local Government Area (LGA) of Akwa Ibom State.

Essien Udim is one of the LGAs in Ikot Ekpene Senatorial District of the state where Senator Godswill Akpabio of the All Progressives Congress (APC) lost to Senator Christopher Ekpenyong in the February 23 election.

Senator Akpabio, who is currently the Minister of Niger Delta Affairs, had gone to the upper court to challenge the ruling of the National and State House of Assembly Election Petitions Tribunal in Uyo, which affirmed the victory of Senator Ekpenyong of the Peoples Democratic Party (PDP).

In its judgement delivered on Saturday, the court declared as invalid, the declaration of Christopher Ekpenyong as the winner of the election and the senator representing Akwa Ibom North-West senatorial district.

It, therefore, ordered the Independent National Electoral Commission INEC to conduct a fresh election in Essien Udim Local Government Area of the state within 90 days.

The appellate court held that there was proof of irregularities and non-compliance with the Electoral Act in the conduct of the election within Essien Udim LGA and as such, no one should have been declared a winner.

It stressed that the right thing to do was to conduct a fresh election in the disputed area.

The court, however, noted that in Obot Akara LGA, also within the central district, the appellant could not prove the claim of over-voting or irregularities.

The judgement came barely two months after the Tribunal held that Ekpenyong was the duly elected senator representing Akwa Ibom North-West Senatorial District in the National Assembly.

The Tribunal had, in a majority judgement of two out of the three-man panel of justices, dismissed Senator Akpabio’s petition for “lacking merit”.

It held that the petitioner failed to prove that he won the said election, adding that he could not present convincing evidence of non-compliance with the Electoral Act, as raised in his petition.

The Tribunal, therefore, upheld as valid, the declaration of Senator Ekpenyong as the winner of the election.

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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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