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Bola Tinubu: The Scandals That Won’t Go Away

Published

7 months ago

October 8, 2023

Eric

By Eric Elezuo

It’s been 24 years since the scandal involving Nigeria’s incumbent President, Bola Tinubu, hit the media space, and tried as both the President and his co-travellers have, the stigma has just refused to go away. In fact, recent happenings point to the fact that the scandal might never go away except certain simple steps, which may appear humongous to Tinubu and his supporters, are taken.

It is the hitherto alleged certificate forgery scandal that has trailed Tinubu like a second skin. The matter has remained a case of the more you search, the more dirty skeletons are revealed, making it imperative to ask if the now proven forgery scandal will ever go away.

The matter is being unraveled at the United States District Court for the Northern District of Illinois.

Earlier in 1999, renowned legal luminary, late Chief Gani Fawehinmi, raised the alarm that Tinubu, then elected governor of Lagos State, submitted forged documents to enable his participation in the election, which he eventually won. Within a short period of time, Fawehinmi granted interviews to two popular media outfits, Newswatch and The Source. In both occasions he alleged that Tinubu was a criminal, who needs to vacate office. Both magazines screamed the damning names on their covers, drawing attention of Nigerians to the fraud. Fawehinmi, however, was not able to prove the forgery allegation.

But veteran journalist, Dele Momodu, in his Pendulum, titled The Truth Tinubu Must Be Told, and published on Saturday, October 7, 2023, provided insight to what might have transpired. He wrote:

“…One of them, extremely close to Tinubu, was the first to tell us about “the falsification of Tinubu’s age, the identity of his original parents from Iragbiji, his forged academic records”, and so on. This chain-smoker claimed absolute knowledge of Tinubu’s life. He told us in my Accra home that anyone who tells Tinubu the truth is instantly marked down as an enemy, so he has stopped telling him the truth. With this kind of mindset, you can imagine what quality of advice Tinubu gets regularly.

“Then, out of the blues, my very daring and loyal friend, Tokunbo Afikuyomi, decided to bite the bullet on behalf of Tinubu. What he did was reminiscent of the “lamb of God who took away the sins of the earth…” He, like a kamikaze soldier, took absolute responsibility for the errors contained in Tinubu’s files. Miraculously, Tinubu was saved, and we were all relieved. Everyone is asking me how has Tinubu compensated Afikuyomi, and my answer is I don’t know.”

But in 2005, while Tinubu was racing home in his second four years tenure, the matter resurrected. This time through Festus Keyamo, who petitioned the Lagos State House of Assembly, alleging that Tinubu submitted forged documents, and so should be impeached. Today, the same Keyamo is holding brief for Tinubu, and defending the same documents even as Chicago State University, the supposed school the papers emanated from, has disowned the papers.

While the matter seems to die down thereafter, the ghost hovered dangerous, awaiting a suitable time to unleash. That time came with the 2023 presidential election. Tinubu has picked his party’s ticket so easily that a cross section of Nigerians believed he bought his way through. He also submitted the same documents that has raised eyebrows since 1999. This prompted Momodu to ask “Why would a man who left office since 2007, 16 long years ago, fail to clean up the records that nearly got him impeached in the first instance? And given the fact that he couldn’t have personally handled those documents himself, why did the hordes of minions claiming to love him till eternity fail to deliver a world-class file for his documents?”

The answer could be that the cup was full, and nemesis was about catching up with criminal elements.

Tinubu’s victory at the elections rooted out many questions that have since defied answers. These include Tinubu’s parentage, early schools attended, real names, attendance at some of the schools he mentioned, work history and of course, the originality of the certificate he has been parading as belonging to Chicago State University. With the Peoples Democratic Party (PDP) candidate, Atiku Abubakar, and the Labour Party candidate, Peter Obi, seeking fruitless reprieve at the Presidential Election Petition Tribunal, Atiku resorted to the American court, seeking a release of Tinubu’s academic records to prove his case.

There was every indication afterwards that the certificate President Bola Tinubu submitted to the Independent National Electoral Commission (INEC) is a forgery as Chicago State University’s Registrar, Caleb Westberg, has testified under oath that the replacement certificate the President submitted to INEC is not a document of the university.

Westberg’s testimony took place during a deposition following the ruling by Judge Nancy Maldonado, which authorized the release of Bola Tinubu’s records at Chicago State University. During the deposition, Westberg stated that the logo on the replacement certificate is not recognized by the institution.

Westberg, who joined Chicago State University in November 2020 from Ivy Tech Community College in Indiana, said, as per a report, that President Tinubu’s certificate, dated June 22, 1979, and tendered to INEC on June 17, 2022, was not issued by the school and its administrators could, therefore, not be able to authenticate its source.

Westberg also said during the deposition that President Tinubu did not apply for a replacement certificate, nor was he ever issued one.

The deposition process lasted for more than five hours and concluded at approximately 9:30 pm Nigerian time on October 5, 2023.

The action was part of the ongoing legal challenge by the presidential candidate of the PDP, Atiku Abubakar, who is contesting the election of President Tinubu based on allegations of non-qualification due to document forgery.

CSU had long insisted that President Tinubu was its student, entering in 1977 and graduating in 1979, but its inability to authenticate the certificate the former Lagos State governor submitted to the Independent National Electoral Commission would ripple across Nigeria and the world for the foreseeable future, just as the full transcript of the deposition, which was highly anticipated by those following the case closely, both in Nigeria and abroad, has been made public.

Earlier, President Tinubu had refused to release the records, claiming it would cause ‘irreparable damage’ to his person. He went ahead to seek the nod from three Appeal courts, which turned down his request. He therefore, had to reluctantly allow a federal judge in the United States to give his university certificate to his political opponent, Atiku Abubakar.

He also pleaded with Judge Nancy Maldonado to block all other details, especially the gender, and admission records, among others, of the person who owns the certificate from being disclosed, raising more questions of who the actual owners of the certificate is.

Tinubu’s acceptance that his certificate could be released came after he narrowly escaped full disclosure on September 21 by pleading severe harm to his life in order to obtain a stay of a magistrate judge’s order on September 19.

“There is harm in allowing discovery on issues and documents outside the diploma,” Mr Tinubu’s lawyers said in their full briefing to the court seeking a review of Judge Jeffrey Gilbert’s order by Ms Maldonado, a district judge.

The identity of who was admitted into Chicago State University in the 1970s has been a hot issue after college transcripts emerged that indicated the school admitted a female Bola Tinubu from Southwest College Chicago in 1977.

“Is the diploma authentic or is it a forgery? My client can’t answer yes to either of those questions,” Hayes said at the hearing in Chicago that began at about 1:30pm and lasted several hours in the lawsuit brought by Atiku Abubakar, Tinubu’s main challenger during the February 25 presidential election.

Hayes was responding to the judge’s inquiry into the school’s ability to confirm under oath that Tinubu was issued the certificate he tendered to Nigeria’s electoral office as part of his final eligibility paperwork in June 2022.

According to an audio of the proceeding obtained by SaharaReporters, the lawyer said, “So, that deposition is compiled with my client here and the issue is; was the June 22nd 1997 diploma that President Tinubu submitted as evidence in Nigeria and offered to the election agency there.. Is that authentic? My client can say we don’t know and we do not have his actual diploma to compare it to what we don’t have; whatever diploma issued in 1997 we can certainly verify the team information on that diploma and the date of his graduation which by the way is on his transcript that is in the public proceedings already.

“So there’s no question June 22nd 1997 was his actual date of graduation but beyond that and with the sideshow of this copy diploma is now being raised where the date was because of mistake made and whoever ordered it and whenever they ordered it a mistake was made; other than that, my client doesn’t have anything to say about these issues and all of these student records.”

BRIEF BACKGROUND

On June 17, 2022, Tinubu submitted a certificate to INEC that was purportedly issued in 1979 and signed by Elnora Daniel. But Ms Daniel only arrived at CSU in 1998 from Hampton University, 19 years after Tinubu was said to have graduated. She then left the school in 2008 following a financial mismanagement scandal, or 14 years before June 2022 when CSU issued yet a fresh certificate in Tinubu’s name under subpoena from a Nigerian lawyer who had inquired about Tinubu’s education there.

The jarring contradictions, among others, caused Abubakar to file the suit to compel CSU to produce records relating to Tinubu and make its top officials available for deposition to certify the produced records.

A lot of reactions have trailed the release of the academic records and the deposition that followed. While the Tinubu cp believe that the President has done no wrong, most Nigerians are calling for the president’s resignation or sack from office having committed an offence. Nigerians have also gone down memory lane to dig up instances that should warrant the vacation of office by the president. Everyone believes that the president’s action is inimical to the healthy growth and development of the nation, and likely to reduce her importance among comity of friends with within the continent, sub-region and the in global politics.

In his reaction, a former Deputy National Publicity Secretary of the All Progressives Congress (APC), called on members of the international community, especially the EU, US, UK and ECOWAS to prevail on Tinubu to vacate office over the inglorious certificate forgery.

He argued that though authorities of the Chicago State University (CSU) had agreed under oath that a certain person named “Bola A. Tinubu” attended the school but has denied issuing the diploma Certificate he, the Bola Ahmed Tinubu that contested elections in Nigeria presented to INEC that is purported to have been issued by the school.

He added that “The CSU documents revealed fake admission entry results used by a certain Bola A. Tinubu, with a GCE purportedly obtained from Government College Lagos 1970 and South West College Illinois. The former was not in existence in 1970 but established in 1974 and the latter certificate in the United States contains particulars of a female including her Social Security Number.”

Frank further outlined as follows: “Nigerians will recall that the Bola Ahmed Tinubu that contested elections in Nigeria has social security number in the documents of his Narcotics conviction in Chicago which are at variance and materially different from those presented by CSU belonging to the Bola A Tinubu that attended CSU. Is it therefore possible for a U.S Resident or citizen to have two social security numbers?

Date of birth conflict: The CSU transcripts also carries as date of birth the date, 29 March 1954. Tinubu’s submission to INEC is 29 March 1952. This clearly shows that he lied to INEC under oath (Perjury) by the authority of the CSU papers.

Hence the pre-requisite admission documents submitted to CSU by the said Tinubu that attended their institution, contains information at variance with those presented to INEC by the Bola Tinubu that contested Elections in Nigeria at various times, indicating serial events of forgery and dishonesty both in Nigeria and abroad.”

He therefore, echoed Nigerians submission that by the revelation that Tinubu apparently forged the certificate presented to INEC, he is constitutionally not fit to remain as President of Nigeria.

“Now that it has been proven beyond reasonable doubt that Tinubu forged the certificate with which he contested the Presidential election in February 25, 2023, he is duty bound to vacate office as provided for in section 137(1)(j) of the constitution which stipulates that no one would be legitimately elected as President of Nigeria if the person has “presented a forged certificate to the Independent National Electoral Commission.”

Meanwhile, Atiku has approached the Supreme Court with his findings, seeking the apex Court’s approval to tender the fresh evidence.

The documents, which Atiku sought to tender are Tinubu’s academic records, which were handed over to him by Chicago State University (CSU) on Monday, October 2, 2023.

The 32-page documents were released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America (USA).

Atiku, through his lead counsel, Chief Chris Uche (SAN), reminded the Apex Court that “the presentation of a forged certificate to INEC by a candidate for election to the office of President of the Federal Republic of Nigeria is a weighty constitutional matter, requiring consideration by the Courts as custodians of the Constitution”.

Uche stated that the original certified deposition has been forwarded to the Supreme Court in a letter addressed to the Chief Registrar of the Supreme Court.

In a 20-paragraph affidavit deposed in support of the appeal numbered SC/CV/935/2023 with petition number CA/PEPC/05/2023, the deponent, one Uyi Giwa-Osagie, a legal practitioner, stated that the certificate Tinubu presented to INEC in support of his qualification to contest the presidential election was tendered in evidence at the trial and marked as Exhibit PBD1B, and a copy of the same is annexed herein as Exhibit “E”.

Nigerians believe that for these scandals to go away, Tinubu has to own up, come clean of whatever misdeeds he is accused of and apologize to Nigerians. Otherwise, this ghost of a scandal will linger for much longer time.

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Behold! The Asiwaju of Edeland, Gov Ademola Adeleke

Published

3 hours 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

5 days 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

1 week 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.