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Court rejects payment vouchers tendered by EFCC against Babachir

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The High Court of the Federal Capital Territory in Maitama, Abuja, on Monday refused to admit some documents, including payment vouchers, tendered by the Economic and Financial Crimes Commission against a former Secretary to the Government of the Federation,  Babachir Lawal, and others.

The EFCC is prosecuting the former SGF on amended 10 counts bordering on conspiracy and fraud for allegedly benefiting illegally from the approval of N544m for the “removal of invasive plant species” and simplified irrigation in the North-East region of the country.

Others with whom Lawal is being prosecuted by the EFCC are, his brother, Hamidu David Lawal; a director of Rholavision Engineering Limited; an employee of the company, Sulaiman Abubakar and the Managing Director of Josmon Technologies Limited, Apeh John.

Two companies, Rholavision Engineering Limited and Josmon Technologies Limited are being prosecuted alongside the four other defendants.

In his ruling on the admissibility of documents tendered by the prosecution through the first prosecution witness, Hamza Adamu, Justice Jude Okeke held on Monday that the payment vouchers and other accompanying  documents tendered by the EFCC were not admissible.

He held that for any public documents to be admitted, they must meet the provision of Section 104 of the Evidence Act, 2011 by being certified.

He ruled that the documents were not admissible because they were not certified, adding that the essence of certification was to ensure accuracy of documents tendered in evidence.

He dismissed the prosecution’s contention that the rejected documents were single document since they were attached to a certified copy.

But the judge added in his ruling that it was the duty of the court to examine all the documents tendered to determine whether they were admissible or not.

He ruled, “I have examined the bundle of the documents and it consisted of original documents with attachments of uncertified ones, a total of 17 documents.

“The documents are bearing different dates. Besides this, it is also numbered as different exhibits. The mere fact that there are stapled together does not make them one document.”

Of the 17 documents tendered, the judge admitted seven original copies and rejected 10 which were photocopies and not certified.

Justice Okeke then adjourned the case till today (Tuesday) for continuation of trial.

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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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