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Saraki Faults EFCC’s Allegations, Vows to Seek Redress in Court

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Former Senate President, Dr. Abubakar Bukola Saraki has reiterated his position that the application to the Federal High Court, Lagos, for interim forfeiture order on his Ilorin home by the Economic and Financial Crimes Commission (EFCC) is an abuse of the court process and a violation of a subsisting order of the Federal High Court, Abuja.

Saraki, in a statement by his Special Adviser on Media and Publicity, Yusuph Olaniyonu, noted that the Federal High Court in Abuja presided by Justice Taiwo Taiwo had given an order “restraining the respondents (Commission) by themselves, their subordinates, agents, servants, or privies howsoever, from seizing, impounding, taking over, confiscating or otherwise forfeiting the Applicant’s (Saraki) right to own and peacefully enjoy any of his assets and properties”.

“The EFCC’s claim that the Ilorin property was built by any proceed of fraud is outrightly false. The fact is that the Ilorin property was built partly by the Kwara State Government pursuant to the Third Schedule of the Governor and Deputy Governor (Payment of Pension) Law 2010 while Dr. Saraki personally funded the remaining cost of the building. There are existing letters from the Office of the Head of Service of Kwara State notifying the former Governor (Saraki) of the State Government’s compliance with the State Pension for Governor’s law and the one indicating his intention to bear the cost of the additional expenditure that will arise from building the property to his desired taste dated 25th January 2012 and 8th February 2012 respectively.

“The construction of the building did not commence until the last few weeks of Dr. Saraki’s tenure as Governor and the bulk of his contribution to the funding were made with cheques. Where cash was involved, this was mainly in 2012 and 2013, more than a year after he had left office as Governor. So, where is the claim that the money for the construction of the house fraudulent obtained from Kwara State Government coming from? It should also be noted that the land on which the house is built is not a government allocated land.

“One can only see that EFCC is playing politics and spreading falsehood in its cheap attempt to witch-hunt and intimidate a perceived enemy. We are also surprised that the EFCC could not even hide its penchant for abusing the nation’s judicial institution as it engaged in forum shopping when it filed a suit in Lagos on a property situate in Ilorin.

“We will like to restate our earlier position that Dr. Saraki will contest this matter in the court at least to further attest to his belief in the rule of law, the sanctity of the courts and their enduring readiness to do justice in all matters and to all persons”, Olaniyonu stated.

Let it be known that the usual claim by the EFCC that its actions were directed against corrupt elements does not apply to Dr. Saraki because he is a man who at every point in his public service has sought to institute transparency and accountability in governance. Dr. Saraki has always worked to promote transparency in governance in all the places he had held public office. As a Special Assistant to then President Olusegun Obasanjo on budget matters, between 2000 and 2002, he initiated the passage of the Fiscal Responsibility Act and Public Procurement Act. Both laws were aimed at ensuring macro-economic stability and efficiency in government procurement through greater accountability and transparency.

As Governor of Kwara State, he waived his immunity to enable his regime be probed. He is, perhaps, the most investigated individual, in the nation’s democratic history. However, each time, Dr Saraki has been given a clean bill of probity and health. It should be noted that seven separate investigations were instigated on Dr Saraki during his time in office as Governor. In September 2006, Mallam Nuhu Ribadu, then Chairman of EFCC, took to the floor of the Senate to give a clean bill to six states, of which Kwara State where Dr. Saraki was then Governor was one. Under Ribadu’s successor, Farida Waziri’s Chairmanship, Local Government Councils in Kwara State were investigated in 2010 when Dr Saraki joined the presidential race.

During his Governorship years, he introduced the Price Intelligence Unit, the first by any state government. This unit reduced leakages in government revenues and introduced transparency and efficiency in government procurement. The idea was later adopted by the Federal Government as it became the Bureau of Public Procurement (BPP). As chairman of the Nigeria Governors’ Forum (NGF), Saraki later influenced the adoption of that law by many of the states. Kwara State under his governorship was the first state to be rated by Fitch, the global rating agency which affirmed its National Long term rating at AA-(minus) and ratings of B+ in public finance transparency.

At the end of his tenure in 2011, the anti-corruption agency did not find any reason to invite him for any questioning, even though his colleagues who also just left the Governorship posts were interrogated and some of them were charged to court. It was more than a year after he left office when he moved the controversial motion calling for investigation into fuel subsidy that the EFCC first invited him for investigation and nothing came out of that effort. Similarly, four years after he left office and was elected Senate President against the wish of the establishment, he was again charged to the tribunal based on his alleged activities as Governor. Also, now, eight years after he left office as Governor and having concluded his term as Senate President, the anti-graft agency has decided, once again, to raise issues over his term as Governor.

Dr. Saraki in his first term in the Senate was the one who through a motion on the floor exposed the biggest fraud in the country then. That is the oil subsidy scam. It was an action which set him against the Presidency controlled by his own party. Consequently, he was investigated by the Special Fraud Unit (SFU) at the conclusion of which the Federal Ministry of Justice issued a letter clearing his name of any wrongdoing.

The above facts have shown that the position Dr Saraki has taken in the fight against corruption in this country both during his time as governor and in the Senate, particularly on the defence of democracy and independence of the three arms of government, has put him in constant clash with the establishment. That is why his current harassment by the EFCC is just true to type, an after-thought and ill-motivated move.

There is need to once again put it on record that the Eighth Senate led by Dr. Saraki has played key roles in institutionalizing the fight against corruption, which is the national objective for setting up the EFCC and other anti-corruption agencies. Among the bills passed to facilitate the fight against corruption include the National Financial Intelligence Agency Act, which, in-line with international best practices, created an autonomous Financial Intelligence Unit in the country that would allow Nigeria to have access to information relating to financial investigations in the 152 member countries of the EGMONT Group. The Senate got commendation from the Financial Intelligence Database Agency (ultrascan) for passing the NFIA Act and enabled the nation to be readmitted into the Egmont Group.  In fact, the later directive by the NFIA preventing Governors from accessing local government funds and banning banks from allowing transactions from State Joint Local Government Account without monies first reaching the accounts of the particular local government council is also a derivative of the NFIA law passed by the Eighth National Assembly.

Another contribution of the 8th Senate under Saraki to the anti-graft war is the Proceeds of Crime Bill which now pave the way for the country to become full member of the Financial Task Force (FATF). South Africa was the only African country on the task force before now.  The Senate also passed the Federal Audit Services Commission Bill, which is aimed at empowering the Office of the Auditor General of the Federation to ensure that MDAs comply with the Fiscal Responsibility Act in the management of public funds and in the timely submission of their audited account for scrutiny. The bill came out of the oversight by the Senate in which it uncovered the fact that over 300 MDAs have not submitted their reports to the office of the Auditor General in the past years. These are definitely not the acts that a corrupt element will prefer.

Other anti-corruption bills passed by the Eighth Senate include the Whistleblowers Protection Bill, which seeks to ensure that individuals that are in danger of reprisals in relation to whistleblower activities are protected under the law; Mutual Assistance in Criminal Matters Act which sought to among other things identify, trace, freeze, restrain, recover, forfeit and confiscate proceeds, property and other instrumentalities of crime; Witness Protection Bill, which is geared at encouraging witnesses of crimes, especially organized crimes, terrorism or other crimes to come forward and assist government and its agencies by offering protection to witnesses willing to provide information,  and evidence for the purpose of ensuring proper investigation.

These are more fundamental issues that can make permanent the anti-corruption war and remove it from the realm of whimsical pursuits. All these are legislative measures taken by the Eighth Senate led by Dr. Saraki to make the EFCC and other anti-corruption agencies more efficient, and generally, in aid of the fight against corruption.

It is to the credit of the former Senate President and his colleagues in the Eighth National Assembly that they offered strong support to the Nigerian Extractive Industry Transparency Initiative (NEITI) and opened the floor of its chambers to it for the purpose of articulating the contents of its report on handling of finances in the Petroleum Industry. The objective was to compel various agencies related to the oil industry to be more transparent and accountable.

Dr. Saraki promised more transparency on his inauguration as Senate President and therefore promoted the concept of Open NASS.  With the Open NASS, the Eighth National Assembly initiated the idea of Public Hearing on budget passage through which the legislature engaged with Civil Society Organisations, labour, Non-Governmental Organisations (NGOs) and other stakeholders to get their contributions into the passage of the annual budget.  Also, the 8th National Assembly promoted transparency tenets in which the full details of the budget of the federal legislature were made available for public scrutiny. The engagement of the Eighth Senate with the public in the process of conception, drafting and passage of other bills were also unprecedented.

Every Nigerian and global observers are aware that the Supreme Court of the Federal Republic of Nigeria, on 16th July 2018, affirmed the accuracy and authenticity of Dr Saraki’s asset declarations, in a final acquittal of a case brought curiously against him by the EFCC, through the judicial structure of the Code of Conduct Tribunal of the Code of Conduct Bureau, whereby all public servants are mandatorily required to tender their asset declarations.

It should be noted that the matter that went before the highest court were beyond the issue of Asset declaration. The EFCC and Code of Conduct Bureau presented allegations of corruption, money laundering and other financial crimes against the then Senate President. Yet, in the 2018 judgment of the Supreme Court, the highest judicial authority in the land cleared the Former Senate President of all allegations. The same evidence which the anti-graft agency presented to the Code of Conduct Tribunal and which were reviewed in the Court of Appeal and the Supreme Court in respect of the same property which it is now seeking to forfeit are the same ones it is seeking to represent to the courts. That is why we see their present action as an after thought and ill- motivated

However, we hereby assure all the friends, associates and supporters of Dr. Saraki that this ugly and unlawful abuse of judicial authority and disregard for the Rule of Law by a misguided EFCC will be addressed and contested in the legally appropriate fora by the former Senate President. We trust that the court will do justice in this matter.

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Okuama Massacre: Military Declares Eight Persons Wanted

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The Defence Headquarters has declared eight persons wanted over their roles in the recent killing of 17 military personnel in Delta State.

The military released the list on Thursday at a briefing in Abuja.

Those declared wanted are Prof. Ekpekpo Arthur, Andaowei Dennis Bakriri, Akevwru Daniel Omotegbo (Aka Amagben), Akata Malawa David, Sinclear Oliki, Clement Ikolo Oghenerukeywe, Reuben Baru, and Igoli Ebi.

During the briefing, the Director, Defence Media Operations, Major General Edward Buba, called on Nigerians especially residents of Delta and adjoining states to assist the military with credible information that would lead to the arrest of eight persons allegedly responsible for the killing of seventeen soldiers in Okuama community in Delta State.

General Buba says the military remains determined to fish out the perpetrators of the heinous act in Delta State, reaffirming its commitment to rescue all kidnapped and abducted victims in Nigeria.

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How CJMR Has Championed Restoration of Justice to Unjustly Incarcerated, Condemned – Founder, Olujobi

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By Eric Elezuo

“At CJMR, we stand firm on our scriptural foundation: ‘Speak up for those who cannot speak for themselves, ensure justice for those being crushed. Yes, speak up for the poor and helpless, and see that they get justice…,” Pastor Olujobi 

Most citizens of the world are endowed with milk of human kindness, and are ever ready to lend a helping hand to folks in need, either for cash or kind. One of these citizens is a Nigerian of special breed, filled with compassion and zeal to assist wrongfully detained persons to regain their freedom. He is Mr. Hezekiah Olujobi, who is leading the fight against wrongful detention and elongated detention without trial with his Non-Governmental Organization, the Centre for Justice, Mercy and Reconciliation (CJMR).

The CJMR as stated, is NGO dedicated to promoting human rights and advocacy within the Nigeria Correctional Service and strengthening the rule of law in Nigeria Criminal Justice System, according to the Founder, Mr. Olujobi.

“Our area of focus are Advocacy, Alternative Dispute Resolution, Investigation, Cases review, Rehabilitation of individual upon freedom and Restorative Justice in Criminal Matter,” he added.

The CJMR as an organization, was established in 1999, and was officially registered in 2009. It has since then accumulated an enviable and proven track record of facilitating the release of individuals from death row, some of whom had been unjustly incarcerated for 18 to 28 years.

“Additionally, over 600 inmates have been freed from illegal detention after 4 to 12 years without trial. The organization has also established a Halfway Home that has benefited over 300 individuals.

“Our activities cut across the Correctional service in South West: Oyo, Odun , Ogun and Lagos States. We still have over 100 cases for intervention including 10 people on death row whom we strongly believed they are victims of wrongful conviction,” Olujobi stressed.

Hezekiah Olujobi, also known as a Pastor, for his vocation as a preacher of the gospel, who is the founder of CJMR, is currently working on two books to project the work of the organization so far.

The first, “Their Stories Behind Bars,” is a collection of narratives from individuals wrongfully sentenced to death and how the organization helped secure their rrlease, while the second book, “Their Hurts and Unforgettable Memories,” delves into the stories of victims and offenders, exploring their deep hurts and the healing process through restorative justice.

The following stories below as told by Pastor Olujobi, carefully epitomizes how far the NGO has gone to put smiles on the faces of individuals, who have otherwise lost hope of ever living their lives among free people again

Olaniyi Emiola’s Wrongful Conviction: My Belief in His Innocence

Olaniyi Emiola was sentenced to death based on witness testimony that was a case of mistaken identity. The armed robber apprehended at the crime scene insisted he was not the person being referred to and claimed he did not know Emiola at all. However, one of the victims, who recognized Emiola by the name “Abija,” insisted that he was the culprit. Emiola was known in the streets as “Abija,” not “Niyi,” yet the robber mentioned a “Femi Niyi,” not “Abija.” The man in question is Olaniyi Emiola, not Femi Niyi. During the trial, it was claimed that the robber identified the house of their leader to them, who is known as Abija,

In this controversial case, the conclusion of judgment of my noble lord, Hon Justice Jimoh of the Tribunal Court, was as follows:

“It is our considered judgment that the discovery of the second accused in the house pointed out by the first accused to the prosecution, and the discovery of the stolen items in the house shown to the police by the first accused, are admissible and well taken. Referencing R. v. Garbett (1847) 2 C & K 474 and R. v. Treacy (1945) 30 CAR 93, with these authorities in view, the second accused has been properly identified and linked with the commission of the crime charged.

Since the prosecution has adduced sufficient evidence to place the second accused at the scene at the material time, his alibi defense is logically and physically demolished.

This was established by the Supreme Court in the cases of Patrick Njovens vs. The State (1973) 5 SC 17 at 65 and Christian Nwosisi v. The State (1976) 6 SC 109 at 112.

It is my considered judgment that since the defense of the second accused has failed and, by the acceptable evidence of the prosecution witnesses, the accused has fallen into the warm embrace of the law, and I so hold.

SENTENCE: OLANIYI EMIOLA – The sentence of the Tribunal upon you is that you be hanged by the neck until you are dead or suffer death by firing squad, as the Administrator of this State may direct. May the Lord have mercy on your soul.”

This was the judgment that sent a man to darkness and anguish, leaving him to await execution in a solitary cell for 11 years without the right to appeal, luckily for him, the abolition of execution was announced in Nigeria.

Reprieve came when we visited Kirikiri Maximum Security Prison in 2007. We investigated the matter by analyzing the entire judgment and all the contents of the case file. We took up his case, amplified his voice of innocence, and refuted all the arguments in light of the existing facts recorded in the judgement.

Olaniyi Emiola was finally set free in January 2011, after 17 years had been wrongfully taken from his life.

One can only imagine what would have happened if execution had not been abolished in Nigeria.

CJMR’s Advocacy visit to the Oyo State Attorney General

The organisation has also taken its advocacy to the Attorney General’s office in Oyo State, and achieved certain parameters as represented in the narrative below:

“On Wednesday, March 20, 2024, the Committee for Centre for Justice Mercy and Reconciliation (CJMR) conducted an advocacy visit to the office of the Oyo State Attorney General. The purpose of the visit was to highlight the plight of numerous inmates who have been denied justice and are enduring the prolonged anguish of indefinite trials for capital offenses.

The primary goal of the visit was to bring to the Attorney General’s attention specific cases of individuals who appear to have been wrongfully accused of capital offenses and have been languishing in detention since 2015 without legal advice. Additionally, there are those who have been repeatedly taken to the High Court since 2017 without the prosecution presenting a single witness.

In a recent development on March 18 and 19, 2024, the Oyo State Chief Judge, Honorable Justice Iyabo Yerima, visited the custodial centers in Ibadan and Oyo. She firmly resolved not to address any capital offense cases, maintaining her stance throughout the jail delivery exercise. Consequently, 32 inmates were released from Agodi and 38 from Oyo, totaling 70 releases from facilities that house 1,250 and 827 inmates, respectively. The data clearly indicates that a significant proportion of detainees charged with capital offenses remain unaddressed.

Pastor Olujobi further noted that “During the CJMR’s visit, seven recommendations were proposed to enhance the efficiency of justice delivery by the Attorney General’s office, and a list of 32 individuals awaiting legal advice was submitted.”

The Attorney General, known for his humility and activism, pledged to collaborate with the CJMR.

He further acknowledged that “It is a profound injustice for individuals, even those apprehended with substantial evidence, to be detained indefinitely, risking the degradation of evidence and waning interest or resolve of witnesses. The slow turn of the justice system’s wheels can erode its very foundation.

“Similarly, it is an injustice for an innocent person to endure punishment due to procedural delays or inefficiencies.

The presumption of innocence until proven guilty is a fundamental principle of democratic societies, yet it is undermined when the process to establish innocence is plagued by excessive delays. The time for change is now.

Olujobi is also of the view that “The judiciary must move beyond a confessionary-based approach to prison decongestion and focus on those unjustly detained for capital offenses.”

From Darkness to Light: The Unraveling of Injustice and the Triumph of Freedom for Olusola Adepetu after 26 years behind bar

In this scenario, the police conducted a comprehensive investigation, and the defense attorney performed admirably. However, despite these efforts, the judge appeared to succumb to public pressure, reminiscent of Pontius Pilate’s historical decision, resulting in Olusola Adepetu being wrongfully sentenced to death.

Tragically, this miscarriage of justice led to the loss of 26 years of Adepetu’s life.

The appellant, a native of Ondo state was 34 years old at the time of his arrest, a father of 4 children with a broken home.

He was the owner of Olusola Naturalist Hospital. He was a Guru in herbal traditional-medicine, very popular with radio and television advertisements.

He cures all manner of ailment, he was a highlife socialite, he was a member of special marshal of Federal Road Safety Commission, due to the nature of his work as herbal traditional medicine healer he was highly connected with people in high places who always patronized him and in the world ravaged with deceases people always throng his office to seek healing for their ailments.

He is not a medical doctor but always referred to as Doctor Olusola.

All of a sudden, the light of his fame and popularity went off, he was enveloped with thick darkness. For a good 26 years he never walks under the moon nor is beaten by rain.

What happened?

His girlfriend was murdered in a mysterious way, three days later, her dead body was recovered by the police at the Express way, Sanyo, Ibadan and deposited at mortuary in Adeoyo state Hospital. Who must have done this?

Nobody knows till today. The relations who were in the shop of the father of his girlfriend who saw him when he came to pick the deceased and the bar man who saw him the previous day with the deceased pointed touch light on him.

Upon his arrest, rumors went round the whole city like wildfire and consumed the heart of men, same Radio and Television stations where his advertisements were being jingled, announced his arrest, all kinds of rumors went round the city, his case became a celebrated case.

He was consumed by the public adverse opinion.

With all kinds of rumors, the death of the lady was attributed to ritual killing, some said he cut the breast of the lady, some said he cut her private part for the ritual purpose.

At every court adjournment the whole court room and the premises will always be filled up with people. The case attracted the public interest. Like Pontius Pilate, the judge has no choice than to deliver the innocent man as a sacrificial lamb not for the world but for his likely hidden sin.

Light shines on his path again, when we unravel the case file documents with the dissenting judgement and the man regains his freedom after 26 years.

The critical question is: Who will advocate for the poor and helpless? It is us;
The Chief Judge, Attorney General, Commissioner of Police, and all stakeholders must be involved. And this where CJMR comes in, and the organization are doing it.

“We therefore call for wholesome assistance from all and sundry to sustain the tempo, and help our people, who graciously need the assistance,” Olujobi concluded.

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Binance Executive Detained in Nigeria Escapes from Custody

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One of the two Binance executives detained in Nigeria for alleged tax evasion and other offences, Nadeem Anjarwalla, has escaped from lawful custody, according to PREMIUM TIMES report.

Our sources said Mr Anjarwalla, 38, escaped on Friday, 22 March, from the Abuja guest house where he and his colleague were detained after guards on duty led him to a nearby mosque for prayers in the spirit of the ongoing Ramadan fast.

The Briton, who also has Kenyan citizenship, is believed to have flown out of Abuja using a Middle East airliner.

It remains unclear how Mr Anjarwalla got on an international flight despite his British passport, with which he entered Nigeria, remaining in the custody of the Nigerian authorities.

Authorities are also said to be working to unravel his intended destination in a bid to get him back into custody.

An Immigration official said the Binance executive fled Nigeria on a Kenyan passport. He, however, said authorities were trying to determine how he obtained the passport, given that he had no other travel document (apart from the British passport) on him when he was taken into custody.

Another source said the two officials were held at a “comfortable guest house” and allowed many rights, including the use of telephones, a privilege Mr Anjarwalla is believed to have exploited to plot an escape.

When contacted Sunday night on the escape of the Binance executive from detention, the Head of Strategic Communication at the Office of the National Security Adviser, Zakari Mijinyawa, said he would enquire and revert. He has yet to do so as of the time of filing this report.

Mr Anjarwalla, Binance’s Africa regional manager, and Tigran Gambaryan, a US citizen overseeing financial crime compliance at the crypto exchange platform, were detained upon their arrival in Nigeria on 26 February 2024.

A criminal charge was filed against the two executives before a Magistrate Court in Abuja. On 28 February 2024, the court granted the Economic and Financial Crimes Commission (EFCC) an order to remand the duo for 14 days. The court also ordered Binance to provide the Nigerian government with the data/information of Nigerians trading on its platform.

Following Binance’s refusal to comply with the order, the court extended the remand of the officials for an additional 14 days to prevent them from tampering with evidence. The court then adjourned the case till 4 April 2024.

Also on 22 March, the Nigerian government approached the Federal High Court in Abuja and slammed another four-count charge on Binance Holdings Limited, Mr Anjarwalla and Mr Gambaryan, accusing them of offering services to subscribers on their platform while failing to register with the Federal Inland Revenue Service to pay all relevant taxes administered by the Service and in so doing, committed an offence, contrary to and punishable under Section 8 of the Value Added Tax Act of 1993 (as Amended).

The defendants were also accused of offering taxable services to subscribers on their trading platform while failing to issue invoices to those subscribers to determine and pay their value-added taxes and, in so doing, committed an offence contrary to and punishable under S.29 of the Value Added Tax Act of 1993 (as amended).

Count Three of the charges accused the three defendants of offering services to subscribers on their Binance trading platform for the buying and selling of cryptocurrencies and the remittance and transfer of those assets while failing to deduct the necessary Value Added Taxes arising from their operations and thereby committing an offence contrary to and punishable under Section 40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

The last count of the charges wants the defendants punished for allegedly aiding and abetting subscribers on their Binance trading platform to unlawfully refuse to pay taxes or neglect to pay those taxes and, in so doing, committing an offence contrary to and punishable under the provisions of S.94 of the Companies Income Tax Act (as amended).

The Nigerian government had, in the past three months, been cracking down on suspected money launderers and terrorism financiers, some of whom it alleged are using the Binance platform for criminal activities

The Nigerian government said over $21.6 billion was traded by Nigerians whose identities were concealed by Binance.

Source: Premium Times

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