News

Omo-Agege Vows to Resume Inspite of Saraki’s Appeal

Published

6 years ago

May 14, 2018

Eric

The lawmaker representing Delta Central Senatorial District, Senator Ovie Omo-Agege, has said despite the appeal filed by the Senate and its President, Bukola Saraki, against the Federal High Court’s judgment nullifying his suspension, he will still resume legislative duties.

According to him, the Senate and Saraki have only applied for a stay of execution at the Court of Appeal which has not been granted.

Omo-Agege pointed out that the lower court made a declaratory judgment which had an immediate effect.

He also accused Saraki of seeking the relief for a stay of execution from a court of law which he had allegedly ignored and gone ahead to approve his suspension.

The Senate had on April 12, 2018, suspended Omo-Agege for 90 legislative days for dragging the chamber to court over the amendment to the Electoral Act 2010, which seeks to reshuffle the sequence of polls during a general election.

On the day of his suspension, Omo-Agege had exclusively told The PUNCH that he would continue to work as a senator.

The lawmaker had attended plenary on April 18, one week after his suspension, in a controversial circumstance.

However, a Federal High Court in Abuja on Thursday nullified the 90-day suspension imposed on him.

Justice Nnamdi Dimgba, in the judgment, said the order nullifying the suspension was “with immediate effect.”

Counsel for the Senate and its President, Mr. Mahmud Magaji (SAN), had told The PUNCH on Friday that he had filed along with his notice of appeal, an application for stay of execution of the judgment reinstating Omo-Agege.

Omo-Agege, however, told The PUNCH that the appeal would not stop his resumption.

He said, “The judgment that was delivered by the court says that the court was nullifying my suspension ‘with immediate effect.’ If they go ahead and apply for a stay of execution, no court has granted them that. Until that stay is granted, the ‘nullification’ is with immediate effect. They have applied to have a stay but that stay has not been granted.

“Two, the order of the court is a declaratory order. A declaratory order is not ‘ stayable’ in law. The order that the court made, nullifying my suspension with immediate effect, is a declaratory order and it is not ‘ stayable ‘ in law. In any event that they apply for a stay, unless and until the court grants that stay, the judgment of the lower court is to take an immediate effect.

“Three, the Senate President is in contempt of court because my action was pending in court but he showed a total disregard for the court and proceeded to suspend me while my case in court. That by itself is contempt. The relief he is seeking from the court now – stay of execution – is an equitable relief. He who comes to equity must come with clean hands. You cannot be in contempt of the court and ask the same court to grant you an equitable relief. His hands in law are soiled and dirty. Therefore, he is not entitled to an equitable relief in court.

“As far as I am concerned, based on my knowledge of the law, that purported suspension by Saraki has been vacated with immediate effect. They have the right to appeal and they have already filed it. But they are not entitled to the equitable relief of stay of the court’s judgment.”

News

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

Published

24 hours ago

April 19, 2024

Eric

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.

News

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

Published

2 days ago

April 18, 2024

Eric

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.”

News

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

Published

2 days ago

April 18, 2024

Eric

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.