News

Court Sets Aside Conviction of Companies Allegedly Linked to Patience Jonathan

Published

3 years ago

May 14, 2021

Eric

The Court of Appeal convened via Zoom today, Friday 14th May, 2021 and delivered series of pending judgments amongst which was the appeal against the conviction of four companies said to be linked with Dr. Waripamo Owei Dudafa, an aide to former president Dr. Goodluck Jonathan. The EFCC had speculated that the companies were holding funds allegedly belonging to Dame Patience Jonathan, wife of the former president. So, the commission had arrested and charged Dr. Dudafa, Mr. Amajuoyi Briggs, a lawyer who was the secretary to all the companies, Demola Bolodeoku, a bank official and the companies to court in a 15-count charge. In a desperate move, the EFCC brought certain individuals to court who had confessed that they knew nothing about the companies. They were later allegedly schooled by the commission and trumped up to plead guilty on behalf of the companies so that the monies standing to the credit of the companies could be taken. Counsel challenged their pleas of guilt at the trial court which challenge was refused. Chief Ozekhome SAN further challenged the convictions made pursuant to the pleas but the Federal High Court refused to set it aside.

In a well considered judgment, the Court of Appeal set aside the conviction of Transocean Property & Investment Company Ltd, Seagate Property Development & Investment Ltd, Pluto Property & Investment Company Ltd and Avalon Global Property Development Company Ltd made by Hon. Justice Babs Kuewumi on the 2nd day of November, 2016. The convictions of the four companies were held to be a nullity having being done in gross disregard of statutory and constitutional provisions. At the Federal High Court, Chief Mike Ozekhome SAN led a team of lawyers to challenge the convictions of the companies and sought that the convictions be set aside. The trial court per Babs Kuewumi refused to set aside the conviction. That decision was appealed by the counsel.

In the four briefs settled by Ige Asemudara Esq., the Appellants in the different but related appeals contended that the circumstances of the conviction of the companies being a nullity, is one in which the court could set aside its own decision. Hence, it was urged on the Court of Appeal to allow the appeal and set aside the conviction. The court of Appeal agreed and set aside the conviction of the four companies especially in view of the fact that the validity of the plea of guilt which was challenged by the Appellant was still yet to be determined before the convictions were made. The court held that the convictions of the four companies breached the fair hearing provisions of the constitution. The lead judgement was read by Hon. Justice C. N. Uwa, Justices Tunde Awotoye and Abundaga agreed with the lead judgment.

The counsel present at the Zoom meeting were Ige Asemudara Esq for the Appellant (all the companies) with him were Ejieke Onuoha and Azubuike Solomon Akpe while Rotimi Oyedepo with A. O. Mohammed appeared for the Respondent.

News

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

Published

2 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

21 hours 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

22 hours 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.