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Restrain Oyo Govt, NGF, Others from Paying Consultancy Fee to Law Firm, Femi Kehinde & Co Tells Court

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The Principal Partner of Femi Kehinde and Co, Honourable Femi Kehinde, has asked the Federal High Court, Abuja to restrain the Oyo State Government, Nigerian Governor’s Forum (NGF) and three others from making any payment as it relates to professional or consultancy fee in respect to foreign loan recovery.

Kehinde had sued Ned Nwoko’s law firm, the Oyo State Government, Incorporated Trustees of Nigerian Governor’s Forum, the Accountant-General of the Federation, Central Bank of Nigeria (CBN) and five others over the refusal of the law firm to pay 40 per cent of the sum of N1 billion paid to it by the Oyo State Government, through the Incorporated Trustees of Nigerian Governor’s Forum.

The Plaintiff, having heard of plans by the Federal Government to pay consultancy fee in respect of the foreign loan recovery to the fourth Respondent in the matter (Linas International Limited), approached the court with a motion on notice seeking an interlocutory injunction to halt the payment pending the hearing and determination of the main suit.

A lawyer in the law firm of Bola Aidi and Co, Fashina Oyindamola, averred in a further affidavit that the Plaintiff wrote to the Accountant General of the Federation, the CBN and the Ministry of Finance to halt the planned payment of the Consultancy Fee in view of the substantive suit pending in the Court.

According to the Affidavit, the plaintiff will lose the opportunity to benefit from the judgment if it turns out in his favour, if the money is paid to the Fourth Defendant.
“It will be in the interest of Justice to restrain the fifth to tenth defendants as it relates to professional or consultancy fee in respect of foreign loan recovery, being the subject matter of the suit before the court.

“That the justice of this matter to all parties is for the court to order the payment of the said sum of $68 million to the account of this court pending the determination of the substantive suit,” Oyindamola stated in the affidavit.

She told the court that the application will not be prejudicial to the interest of the Defendants if granted, adding also that it will be in the interest of justice to grant the application.

Kehinde had in a writ of summons numbered- FHC/ABJ/CS/212/20, filed through his counsel Bola Aidi prayed the court to order Ned Nwoko Solicitors to pay him, “the sum of N400 million,” being 40 per cent of the N1billion (first tranche) paid to the first Defendant (Ned Nwoko) solicitors as legal fee for services rendered by same as it relates to Oyo State Government for the recovery of foreign debts.

The plaintiff also prayed the court, for an order compelling the first Defendant, which is a registered law firm with the Law Society of England to pay him 20 million which is 40 per cent of the consent judgment as well as another £159,098 incurred as expenses procuring an arbitration in a London court.

He also wanted the court to order the fifth to tenth Defendant to pay him 40 percent of all the subsequent tranches of the professional fees due to the first to fourth defendants on the Oyo State foreign debt recovery or deduction from the local governments in Oyo State and for the Court to order the Defendant to pay him N20 million for prosecuting this suit.

The plaintiff said in a statement of claim that the first defendant engaged his services in 2007 to handle all issues pertaining to Oyo State Foreign debt and that the condition of his engagement as agent to the first defendant was dependent on the first Defendant being appointed as solicitors to the Oyo State Government to recover its foreign debts within four weeks.

He averred that the conditions as contained in a retainership letter as a local attorney on March 24, 2007, include collation of all information and documentation of the various loans and agreement s since 1982, provision of support needed by Ned Nwoko Solicitors, including litigation in any Nigerian court in any matter arising from proposed contract with Oyo State among others.

“The retainership agreement state clearly that the plaintiff with be entitled to 40 per cent of whatever received from m the Oyo State Government and that remains the Understanding parties.”

He said Oyo State government refused to comply with the terms of agreement and did not pay Ned Nwoko Solicitors, a situation he said made the first defendant to give the plaintiff the go ahead to commence arbitration proceedings in London against Oyo State Government.
The trial judge, Justice Binta Nyako, had adjourned till November 26 to hear the preliminary objections of the Defendants.

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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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Gunmen Invade Ekiti Secretariat, Days after Oyo Assembly Invasion

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Barely three days after armed Yoruba Nation agitators invaded the Oyo State Government Secretariat, gunmen on Tuesday, stormed the Ilejemeje Local Government Area Secretariat in Ẹda-Oniyọ, Ekiti State, causing pandemonium among the workers.

The attackers disrupted normal activities and forced employees to flee the premises for safety.

The hoodlums, who were said to have come from the Obbo-Ayegunle community in the neighbouring Kwara State, violently stormed the secretariat, firing several gunshots, making workers run in different directions for dear lives, and in the ensuing pandemonium, one person was injured.

Reports said the hoodlums vandalized the Secretariat building and other property of the council.

Although the cause of the attack was still sketchy as at the time of filling this report, it was however gathered that the two communities have been embroiled in crisis for some time over land disputes.

During the attack, which lasted for several hours, one person was said to have sustained serious injury and rushed to the State Specialist Hospital in Iye-Ekiti.

The hoodlums reportedly heavily armed with dangerous weapons including gun, charms and cutlasses. They invaded the Secretariat at about 10:am.

Speaking on the attack, the Eleda of Eda Oniyo community, Oba Awodipo Awolola, explained that the hoodlums had in few days attacked some residents of the community, with charm in their farmlands, the development which the monarch said had resulted in panic and tension in the community.

The traditional ruler, who lamented the absence of police post in the area, said there is a need for security outfits to mobilise more officer to the community to prevent further breaking of law and orders.

Similarly, the Chairman of Ilejemaje Local Government, Mr. Alaba Dada, said the suspected hoodlums were from the Obbo-Ayegunle community in Kwara State.

He attributed the attacks to the lingering land disputes between the two communities, he explained that though security agents had been mobilised to the town to prevent repraisal attacks.

He said there is need for the Ekiti and Kwara State governments to meet, and settle the land dispute in the interest of peace and harmonious relationship.

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