Headline

Why Nnamdi Kanu May Be Freed in Court – Mike Ozekhome SAN

Published

2 years ago

April 15, 2022

Eric

By Eric Elezuo

Last week, Justice Binta Nyako of the Federal High Court Abuja, struck out eight of the 15 terrorism and felony charges preferred by the Federal Government against the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

Justice Nyako freed Nnamdi Kanu on the eight counts while ruling on a preliminary objection filed by the IPOB leader.

“In this instant preliminary objection application, I have read the counts and come to the conclusion that counts six, seven, eight, nine, 10, 11, 12 and 14 have not disclosed any offence against the defendant.

“‘Counts one, two, three, four, five, eight and 15 show some allegations, which the defendant has to answer.

“The court shall proceed to try the defendant on those counts,” Justice Nyako said.

Consequently, the lead counsel, Chief Mike Ozekhome SAN, has expressed optimism that the end of the trial is within sight as evidence has proved that the IPOB leader has no case to answer.

In his response to members of the press, he disclosed as much as follows:

“So, today, eight of the 15 counts charge were dismissed; leaving seven counts that are wobbling; counts that wobble and fumble. They will not stand and cannot hold water. You cannot build something upon nothing and expect it to stand. It is not possible. If eight counts went, the remaining seven cannot stand. When we look at those seven counts whether it holds any water in law. We will be able to refer to the case of FRN and Saraki where some counts were crushed by the Code of Conduct Tribunal, and the Court of Appeal tried to crushed but the Supreme Court said this is not possible because the other ones related to it should also be crushed. That was how Saraki got free. So, when you test the remaining count charge; let the persecution get that notice.

“So, we proceeded to move our bill application that the defendant, Mazi Nnamdi Kanu, deserve to be granted bail. The case of the prosecution has always been that Nnamdi Kanu jumped bail, and that is why he was forcibly renditioned to Nigeria. A rendition which the court did not agree with us. We shall test it although it is contrary to the provision of African Charter on Human and People’s Right; contrary to the Human Right Declaration of 1948; contrary to the International Covenant on Social and Political Rights; contrary to the instrument dealing with indigenous people’s rights. When you have a treaty with a country; such as with Nigeria and Kenya, and person voluntarily entered Kenya and you renditioned him forcefully through torture, inhuman and degrading treatment on the 27th of June 2021, all the cases base on my research shows that such person across the world cannot be tried.

“Nnamdi Kanu was enjoying his bail. He was within Nigeria, he never left abroad. Then, on the 14th of September 2017, then military went in armoured truck as though they were going to war in Sambisa, and brutally invaded the home of Nnamdi Kanu and his father, His Royal Majesty, Kanu who is now late. They murdered 28 innocent Nigerians that were there without cause. They called it Operation Python Dance. We’ve not seen such in Sambisa, Chibok, and Dapchi. Somehow, Nnamdi Kanu escaped. Are you saying that person who want to be killed and ran away jumped the bail? The answer is no. It was late Chief MKO Abiola that made the statement that a bird doesn’t tell another bird that stone is coming, it simply flies away. No man stands in front of a moving train, he will be crushed. Now, you are saying that Nnamdi Kanu who barely escaped with his life should wait in Nigeria. If he had been killed, he will not be standing trial. So, he did not jump bail.

“The forced him into exile, and he went as a citizen of Britain to Kenya where he was forcefully renditioned back to Nigeria. So, this is a case deserving of bail, and we implored my lord to grant him bail even if he was to subject it to certain conditions. Even under the administration of criminal justice act, bail is allowed. It is discretionary; even in capital offense like murder or treason. Mind you, Nnamdi Kanu is not standing trial for treason, he is standing trial for offenses related to treasonable felony. Not treason itself. He is not standing trial for any capital punishment. But the administration of criminal justice act still says even in capital punishment, an accused person can be granted bail subject to the discretion of the court. Section 36 of the Constitution has given everyone the access to fair hearing, and this also means a fair trial includes all the circumstances surrounding a case. Our criminal justice system is accusatorial and not inquisitorial. This means it is the innocence of a person that is presumed and not his guilt. It is different from the French model which is inquisitorial where your guilt in presumed and you are told to prove your innocence. That is why Section 36 says you have to prove the offense of a person beyond reasonable doubt. Any doubt, no matter how small, it would be resolved in favour of the accused person.

“With this, Nnamdi Kanu is subject to bail subject to court discretion and imposition of certain conditions because we have proved that he did not jump bail. He almost got killed and that is why he ran away. We believe that this is a proper case for the court to grant bail so that Nnamdi Kanu will be alive in order to start trial. In law, we say come and stand trial. This means you have to be well, hail, and hearty to stand trial. It didn’t say come and sit down, lay down, prostrate, or be in the grave, or be in the hospital trial. Can we say there is a fair trial when in our bail application Nnamdi Kanu is complaining of solitary confinement? That is not allowed. He is only brought out maybe once in a week to receive vitamin D (the sun). And when other inmates greet him, they are subject to solitary confinement as punishment for exchanging pleasantry with him. He said his health is deteriorating fast, and need his doctor for advice. But they don’t allow such. The lawyers are not allowed.

“19 times. Between February 22nd and now, the lawyers and family members are taking cloths to him and the DSS refused. I personally led the lawyers on three occasions. Can you say that’s a fair trial? They don’t allow my case files, wristwatch, biro, my reading glass, and handkerchief, only my ring was allowed when I visit him. Can you say that’s a fair trial, when a lawyer cannot confer with his client freely? And the little space we were given to confer were bugged with gadgets. Can you say that’s a fair trial?

“So, when I am discussing a strategy on a case with my client, then the opposition with all its federal power should be listening to my conversation. Is that a fair trial? So, what kind of criminal justice system are we operating that the person who unlawfully abducted the accused from Kenya on 27th of June 2021 under torture. The same state (Federal Republic of Nigeria) is the one investigating and prosecuting him, and getting the witnesses that will testify against him. The same state is also the one having custody of the accused. So, head or tail, they are winning. Where is the justice of the matter? Where is the fair trial? Where is the leveled plain ground?

“In the past, I begged some cause like this for bail. I won’t mention their names. He was still undergoing trial and he dropped dead. The next time the case came up in court, I asked the prosecutor that where is the subject matter of trial. He said he’s dead. I said what’s the effect of that, he said that means the case is terminated. I said why don’t we try his corpse in the grave. Of course, that was the end of the matter but that my client was allow to prove his innocence because the prosecution could prove the matter under a government that just name and shame them of crime that we can’t prove. What we called media trial. It is outrageous. Then, you carry the shame and allegations into the grave with you. That is not fair. The people have family, association, and community people. It’s not fair, and that’s why I told the court to grant us bail. We had a wonderful outing, and God is on the throne and will forever be on the throne.”

Nnamdi Kanu was arrested and deported to Nigeria from Kenya against all known laws on June 21, 2021, and has since remained in the custody of the Department of State Service (DSS) in what his handlers have described as deplorable condition.

Headline

Behold! The Asiwaju of Edeland, Gov Ademola Adeleke

Published

6 days ago

May 12, 2024

Eric

By Eric Elezuo

The ancient town of Ede in Osun State is set to host the who’s who in Nigeria’s political and traditional institutions as the Executive Governor of the state, His Excellency, Senator Ademola Nurudeen Jackson Adeleke, is installed as the Asiwaju of Edeland.

The one in town event is scheduled to hold on Monday, May 13, 2024 at the Grounds of the Palace of the Timi of Ędę, HRH Oba Adesola Munirudeen Lawal (Laminisa 1), on the same day the governor, who has been termed as ‘performing’ will be celebrating his 64th birthday.

The Asiwaju title was previously held by Governor Adeleke’s elder brother, Isiaka Adeleke, who passed away on April 23, 2017.

Among dignitaries expected at the event are the former President of Nigeria, Chief Olusegun Obasanjo, members of the Osun State executive and legislative councils, federal legislators, members of the diplomatic Corps, business men, politicians across the nation, entertainers and the general public.

THE MAN, ADEMOLA JACKSON ADELEKE

He has one of the most jovial personalities, combined with a mien that is down to earth and thoroughly enterprising. Many call him ever smiling senator; some others call him dancing senator while a whole lot of others call him the incoming governor. He is the Senator, who represented Osun West Senatorial district in the Nigeria’s upper legislative chamber between 2015 and 2019. He is Ademola Jackson Adeleke, a distinguished contender for the Osun governorship seat.

Born of the Adeleke family of Ede in Osun State on May 13, 1960, Adeleke commenced his primary education at Methodist Primary School, Surulere Lagos State before he was privileged to relocate to Old Oyo State to continue his education at Nawarudeen Primary School, Ikire.

Adeleke was born Nurudeen Ademola Adeleke to a Muslim father and Nnena Esther Adeleke, an Igbo Christian mother. Like him, Adeleke’s father, Raji Ayoola Adeleke was a Senator and the Balogun of Ede land in Osun State. His father, Raji Ayoola Adeleke was also the leader of the Unity Party of Nigeria (UPN).

On completion of his primary education, he moved on to The Seventh Day Adventist Secondary School, Ede to begin his post primary schooling. In the later years however, he attended Ede Muslim Grammar School Ede, where he completed his secondary school education and subsequently relocated to the United States of America, joining his two older brothers, who were also studying there.

In the United States, he joined Jacksonville State University, Alabama, and studied Criminal Justice, with minor in Political Science.

To prove doubting Thomases, who wiped up controversies around his educational qualification, wrong, he went back to school and got enrolled at Atlanta Metropolitan State College in the United States, where he obtained a Bachelor of Science degree in Criminal Justice in 2021.

A businessman and administrator of no mean repute, Adeleke was the humble Group Executive Director at his brother’s company, Pacific Holdings Limited from 2001 to 2016, where his credible performances shot the company to enviable heights; a height it is still enjoying till date.

It is imperative to note that before he joined Pacific Holdings Limited, Senator Adeleke worked with Quicksilver Courier Company in Atlanta, Georgia, US, as a service contractor from 1985 to 1989. His dexterity to work earned him a progression in career, and he berthed as Vice President at Origin International LLC, Atlanta, Georgia, US, a flavours and fragrance manufacturing company. His meritorious stewardship lasted a period of five years, from 1990 to 1994.

Not a few has described Adeleke as the philanthropic capital of Ede, as his influence in aiding the less privileged and downtrodden remains top notch. He is a voracious believer in community development, and has not spared any expense to see that his community receives global influence.

Politically, Adeleke is a beacon of light and hard nut to crack, having remained an albatross to opposing powers and a reference point to ideal administration.

Shortly after he lost his brother, Senator Isiaka Adeleke, who died in April 2017, he contested the Osun West 2017 Senatorial by-election after the death of his brother, emerging as the winner under the Peoples Democratic Party, where he decamped to from the All Progressives Congress (APC).

Having emerged senator, Adeleke’s political influence waxed stronger, an on July 23, 2018, he emerged as the governorship candidate of PDP in Osun State after defeating Akin Ogunbiyi by seven votes. Efforts made to deprive him of the mandate was twated by the courts.

Adeleke’s lawyer in his defense claims his secondary school hasn’t come out to deny his testimonial asking the court to dismiss the Case. The court dismissed the suit stating that the plaintiff could not prove Adeleke’s forgery.

Adeleke ran for Osun state governorship election under the PDP against top contenders Alhaji Gboyega Oyetola of APC and Iyiola Omisore of SDP on 22 September 2018. The election was declared inconclusive by the Independent Electoral Commission (INEC) while Adeleke was leading, and a rerun slated on September 27, 2018. The candidate of the APC Oyetola was declared winner after the run-off. Adeleke protested the result describing the election as a “coup”.

Much as on March 22, 2019, the tribunal sitting in Abuja declared Adeleke the winner of the election, the Supreme Court later affirmed Gboyega Oyetola as the authentic winner of the 2018 Osun State governorship election on Friday, July 5, 2019

Popularly known as the Dancing Senator because of his penchant to joyfully react to the sounds of music, Adeleke is uncle to one of Nigeria’s popular musicians, Davido.

Governor Adeleke is married to an equally successful businesswoman and a self-made boss. They are blessed with three children who are all entertainers. They are B-Red and Shina Rambo and a daughter, Nike Adeleke. He is the uncle of one Nigeria’s primus inter pares in entertainment, Davido.

As expected, Adeleke is moving Osun State to the greatest of heights as he promised, and many who know him agree that there are still very many more in the offing.

HIS EXTRAORDINARY EASE OF DOING BUSINESS STRATEGY

The governor has shared good news on the ease of doing business in the state as follows:

In continuation of our administration’s effort to improve the state economy and encourage the Small and Medium Enterprises (SMEs), we have completed the harmonization of multiple taxes and levies collected by different government departments, agencies, and ministries across all business sectors of the state economy including the informal sectors into a single bill. This Harmonized Bill curates all levies, which businesses are expected to pay on an annual basis as a single bill.

This initiative is to promote ease of doing business by ensuring seamless and convenient payment of levies and taxes due to individuals and businesses across the state in equal or unequal tranches and ensure the issuance of Harmonized Bill Certificate upon completion of payment of the total amount.

I hereby note to all business owners in Osun state both in formal and informal sectors that the official online payment channels for the state is pay.irs.os.gov.ng; POS machines in Tax stations across the state; commercial banks across Nigeria; and Money Transfer Services for those outside Nigeria.

In addition, we have also completed the deployment of Automation System for improved service delivery on payment of rent and lease on government properties; processing of Certificates of Occupancy (C of O) in 45 days; Electronic Affidavit System; Electronic State of Origin and Local Government Area of Origin portal; Mobile tax stations; Online Tax payment system etc.

OFFICIAL PROFILE OF GOVERNOR ADEMOLA ADELEKE, THE NEW ASIWAJU OF EDELAND

Governor Ademola Jackson Nurudeen Adeleke, the Executive Governor of Osun state and the new Asiwaju of Edeland is a pan Nigerian by birth, by philosophy and by worldview. Born at Enugu as a son of independence on 13th May, 1960, the new Ede frontliner widely acknowledged as the Olosun of Osun is a tactical politician, a businessman, show business activist and a humanist within philanthropism. The ever lively, urbane scion of the Adeleke family of Ede North Local Government is an innovative entrepreneur, a grassroot political figure and a strong advocate of good governance, then as a Senator of the Federal Republic of Nigeria and now as the Governor of Osun State.

From his childhood, the Asiwaju is a man of complex character, a young man with multiplicity of talents and an adult with widely praised open heart, strong will and constancy of adaptation to ideas and innovations. From his secondary education at Ede Muslim Grammar School to his sojourn to the United States and tertiary education at the Jacksonville State University, Alabama where he majored in criminal justice, the Ede frontliner demonstrated deep business interest, unconventional approach and a rare mastery of intricacies of politics, business and social life.

Despite hailing from a well to do family, the Asiwaju was in the United States and Nigeria, a man in search of opportunities for self growth and advancement. His passion for self development and business prosperity occasioned his joining the Quicksilver Courier Company in Atlanta, Georgia, US, as a service contractor between 1985–1989. He progressed to Origin International LLC, Atlanta, Georgia, US, a flavours and fragrance manufacturing company where he served as Vice President from 1990 to 1994.

A suave businessman and administrator, he served as a Director of Guiness Nigeria Limited between 1992- 1999 where he contributed immensely to the expansion of the multinational company. He was later appointed Group Executive Director of Pacific Holdings Limited from 2001 to 2016. Senator Adeleke is also an acclaimed creative Industry entrepreneur and mentor. As a talented creative figure, he mentored world rated ace musicians while his family members and children are leading stars in the global music industry.

As a man ever restless in pursuit of self growth and opportunities, the Asiwaju again opted to restart his educational sojourn which he suspended because of business and entrepreneurial preoccupations. In 2019 after he was rigged out of a governorship election he clearly won, Governor Adeleke, in a can do spirit, re-enrolled at Atlanta Metropolitan State College in the United States and obtained a Bachelor of Science degree in criminal justice in 2021.

All along and considering his family background, the frontliner was for years both a political servant and leader, learning the rope from his father (Senator Ayoola Adeleke) , a second republic progressive Senator of the Federal Republic of Nigeria and his brother, Senator Isiaka Adetunji Adeleke, the First Executive Governor of Osun State. His business teeth were sharpened by his brother, the global business mogul, Dr Adedeji Adeleke while his political potency was strengthened by his sister, the Yeyeluwa of Edeland, Chief (Mrs) Dupe Adeleke- Sanni. The celebrant of today was eventually elected the President of the Adeleke dynasty, representing the sons and daughters of the great Adeleke family at home and abroad.

Having been thus fortified by his innate personality, his family background and his multifaceted experience, his political participation predated 1991 but he took the front seat in 2017 when he was elected with a landslide victory as a Senator for Osun West Senatorial District in 2017. His popularity reached a peak when he won the Osun 2018 governorship election before the open rigging and manipulation that was globally condemned.

As a man of steel character, the frontliner took the gauntlet again in 2022 and beat the incumbent to reclaim the stolen mandate of 2018. Imole as the Governor is popularly known has since been delivering on good governance, winning applause and praises from far and near.

In December 2023, he was honoured with a doctorate degree by the Valley View University, Accra, Ghana. The Vice Chancellor lauded the Governor’s multi-million naira education scholarship as a Senator, his sterling records on workers welfare as a Governor, his performance on infrastructure upgrades and his commitment to due process, rule of law and fear of God.

He has received several awards including the Governor of the Year Award by Champion newspapers in 2023, Sahel Standard Man of the Year in 2022, Vanguard Newspaper Governor of the Year on Infrastructure and a host of other recognition. The frontliner serves on several national governmental committees including being the representative of the South West on the National Minimum Wage Committee.

The new Asiwaju of Edeland is a strong family man, an avid sport lover, a man of God and a David of our time with incessant passion for praise singing and adulation of God Almighty.

Courtesy: Governor’s Office, 2024.

By this new office, Governor Adeleke is now the one who leads in Edeland, and is expected to use his office to better the lot of the people of Ede.

Congratulations sir!

Headline

You’re Non-Existent, Fubara Tells Amaewhule-led Rivers Assembly

Published

2 weeks ago

May 7, 2024

Eric

Rivers State Governor, Similaya Fubara, has taken a swipe at the Martin Amaewhule-led group of lawmakers at the state House of Assembly and declared that they do not exist anymore in the eyes of the law.

“Let me say it here, those groups of men who claim that they are assembly members, they do not exist. I want it to be on the record,” Fubara declared

The governor stated this when he received on courtesy visit the Bayelsa State delegation of political and traditional leaders, led by former Governor of the State, Senator Seriake Dickson, at Government House in Port Harcourt on Monday.

Fubara and 26 members of the assembly loyal to former governor, Nyesom Wike, have been at loggerheads after the move to impeach the governor was thwarted.

He told the delegation that he has been showing restraint since the political crisis escalated in the state.

The governor further stated that despite wielding state powers that he can deploy to achieve his aim, he has continued to act as the big brother in the face of intimidation and unwarranted attacks.

“So, I want you to see the sacrifice I have made to allow peace to be in our state. I can say here, with all amount of boldness, I have never called any policeman anywhere to go and harass anybody.

“I have never gone anywhere to ask anybody to do anything against anybody. But what happens to the people that are supporting me? They are being harassed, they are being arrested and detained.

“There is no week that somebody doesn’t come here with one letter of invitation for trump-up charges and all those things,” he said.

The governor added, “I am saying all these because of what my senior said here. I don’t think the other party has shown any restraint. I am the one who has shown restraint in the face of this crisis.

“I am the one that is badly hit, even when I have all the government instruments to shake up the table. But, why will I do it? I believe that peace is the best relationship to cultivate.”

He revealed that he had always been present at any meeting that was called to resolve the crisis in the state but after each meeting, he was met with a new dimension of the crisis from the opposing side.

He, however, vowed to continue to be peaceful, acknowledging that power is transient.

“We might have our division, but I believe that one day, we could also come together, but it has gotten to a time when I have to make a statement that they are not existing. Their existence is me allowing them to exist. If I de-recognize them, they are nowhere. I want you to see the sacrifice I have made in allowing peace to reign in our state,” he concluded.

The Punch

Headline

Yahaya Bello vs EFCC: The Tussle Continues

Published

2 weeks ago

May 5, 2024

Eric

By Eric Elezuo

With the declaration of the Apppeal Court, sitting in Abuja over the weekend, ordering a stay of proceedings in the contempt charge instituted by Yahaya Bello, former Kogi governor, against Ola Olukoyede, chairman of the Economic and Financial Crimes Commission (EFCC), the stage seems set for an elongation of legal fireworks between the two feuding entities.

The declaration was a follow-up of Bello, who approached the Kogi High Court, seeking an order to issue and serve the respondent (EFCC chairman) with “form 49 notice” to show cause why an order of committal should not be made on him.

The judge, after listening to the arguments of the applicant’s counsel, the submission and the exhibits attached in the written address, granted Bello’s prayers and ordered Olukoyede to be summoned to appear before the court to answer the contempt charge.

However, while it is believed that the crisis of apprehending the former governor for prosecution is an institutional matter, many on the other hand, has accused the EFCC chairman of attaching a lot of personal interest in the matter going by the way he is fighting tooth and nail to see Bello in custody.

In a chat with editors at the EFCC Headquarters, Jabi, Abuja, the anti-graft agency chairman swore to follow the prosecution of Bello to the logical conclusion.

He also vowed that all those who obstructed the arrest of the former governor would be brought to justice.

The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.

“If I do not personally oversee the completion of the investigation regarding Yahaya Bello, I will tender my resignation as the EFCC Chairman,” Mr Olukoyede had vowed, adding that those who obstructed the arrest of the former governor would be brought to book. This was a veiled accusation against the governor of Kogi State, Usman Ododo, who used security agents to forestall the arrest of Bello in Abuja.

Olukoyede had also accused Bello of paying his children’s school fees upfront with funds from the atatae coffers.

“A sitting governor moved $720,000 directly from the government account to the Bureau de Change and used it to pay for the school fees of his child in advance in a poor state like Kogi, and you want me close my eyes under the guise that I’m being used. Use by who? At this stage of my life? By who for crying out loud?

“I didn’t initiate the case, I inherited the case file,” he retorted.

The EFCC had sought to arrest Yahaya Bello following his absence from court, and an order by Justice Emeka Nwite of the Federal High Court in Abuja after his absence in court.

He was absent from court for his arraignment on a 19-count charge of alleged money laundering to the tune of ₦80bn.

The judge relied on sections 384(4) and (5) of the Administrative and Criminal Justice Act 2015, directing the counsel to the immediate past governor to receive a copy of the charge.

The court held that where it had become impossible to effect personal service of a legal process on a defendant, such could be done through substituted means.

Justice Nwite further held that it was clear that the former governor failed to appear in court for his arraignment.

Notable minds including veteran journalist, Dele Momodu; human advocate and constitutional lawyer, Mike Ozekhome among others have said that the brazen nature with which Olukoyede is going about the matter smacks of personal vendetta, noting that now that the court of appeal has ordered a stay of execution of the contempt of court charges against Olukoyede, everyone must maintain status quotes, and allow Bello to respond to court summon, as the case is now between him and the court of Justice Nwite.

On his part, Momodu has lashed out at the EFCC for selective prosecution, wondering if Olukoyede has any personal stake in the matter, adding that generally the EFCC misfired in the Bello saga.

He said in part, during his Instagram live show:

“I don’t work for EFCC but from all the things that I have read, a lot of them, they misfired. That is the honest truth. They misfired. They didn’t do their due diligence. When you said a man took out money and paid for his children’s school fees, just as he was about to leave power, and you go and check the documents and you see that these things started happening from 2021, 2022 (laughs); I am not an illiterate.

“How do you expect me to believe everything they said when they were too much in a hurry to prosecute him that they did not take their time to check the file. Once you allow a lacuna in law, everything will fall flat.

“That is it. I am not one of those people who will say because I don’t like APC and because I supported Dino Melaye in the last election in Kogi State. Dino is my guy. But, I will not because of that be blinded by hatred for Yahaya Bello and say yes, he should go and surrender himself to EFCC when there is an existing injunction.

“And he is not the only governor who went to court and if the court has granted him that, so be it. We all know that our judiciary is not so perfect but you know, even at that, law is law, it must be obeyed. If we disobey the rule of law, then, we will have to obey the rule of the jungle. So, I never said that they are lying, it is their own statement that shows that they didn’t do their due diligence.”

TheCable, in its report, recalled that “a Kogi State high court presided over by Isa Jamil Abdullahi, had ordered Olukoyede to appear before it on May 13 to show why he should not be committed to prison for allegedly disobeying its order restraining the EFCC from arresting or taking any action against Bello.

“However, the EFCC chairman filed an appeal against the court summon.

“Olukoyede filed two motions, one seeking a stay of execution of the summon, and another one asking to serve processes on Bello via substituted means by pasting the process at his Abuja residence on No 9 Bengazi Steet Wuse Zone 4.

“In its ruling, a three-member panel of justices led by Joseph Oyewole granted the two motions.

“The appellate court fixed May 20 for the hearing of the substantive appeal marked CA/ABJ/CV/413/2024.

“Bello had on February 8, 2024, instituted a fundamental rights enforcement suit, asking the court to declare that “the incessant harassment, threats of arrest and detention, negative press releases, malicious prosecution” by the EFCC, “without any formal invitation, is politically motivated and interference with his right to liberty, freedom of movement, and fair hearing”.

“The former governor also sought an order “restraining the respondent by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain him”.

“On February 9, the Kogi high court granted an interim injunction restraining the EFCC from “continuing to harass, threaten to arrest, detain, prosecute Bello, his former appointees, and his staff or family members, pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental rights”.

On March 12, the EFCC filed an appeal against the interim injunction because the court could not stop the commission from carrying out its statutory responsibility.

The Kogi high court delivered judgment on the substantive motion on notice on April 17 wherein the presiding judge granted an order restraining the EFCC “from continuing to harass, threaten to arrest or detain Bello”.

However, the judge directed the commission to file a charge against Bello before an appropriate court if it had reasons to do so.

The judgment coincided with the recent “siege” laid on the Abuja residence of Bello by EFCC operatives seeking to arrest him.

The commission had also obtained a warrant of arrest against the former governor from the federal high court in Abuja.

The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.

At the scheduled arraignment on April 18, Bello was absent.

At the court session, Abdulwahab Mohammed, counsel to Bello, told Emeka Nwite, the presiding judge, that the court lacked jurisdiction to grant the warrant of arrest in the first instance.

He referenced the February 9 interim injunction issued by the Kogi high court, adding that the appeal filed by the EFCC was still pending.

However, the EFCC has filed a notice to withdraw the appeal.

In the notice filed on April 22, the anti-graft agency said the withdrawal was predicated on the fact that events have overtaken the appeal.

The commission also admitted that the appeal was filed out of the time allowed by law.

With the present status, legal minds are of the opinion that matters have returned to status quo, and Justice Emeka Nwite, reserved the right to order Bello’s appearance in court, and await his appearance before any other injunction can be made.

“For now, it is not about who won or who did not. The matters of the case rest with the invitation of Bello by Justice Nwite. Bello was absent during his first summon, and the case was adjourned. So, everyone has to keep the calm and wait for the next hearing and see if he appears or not as directly by his lordship,” Ozekhome noted.

As it is therefore, May 20 will be a deciding factor for both Bello and EFCC as the tussle for who laughs last continues.