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OPL 245: Court Discharges, Acquits Ex-Attorney General Adoke, Reprimands EFCC

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Justice Abubakar Kutigi of the Federal Capital Territory (FCT) High Court on Thursday, dismissed the charges of fraud, bribery and conspiracy filed against a former Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Bello Adoke, by the Economic and Financial Crimes Commission (EFCC).

The court reprimanded the EFCC for filing “frivolous” charges against the AGF.

At the court session, Justice Kutigi upheld the no-case submission filed by Adoke and s the charges of fraud, bribery and conspiracy against the former minister on the grounds that the EFCC failed to adduce credible evidence to prove the allegations contained in the charge.

Although the judge commended the prosecution for conceding that it did not have sufficient evidence to oppose the no-case application by Adoke, he criticised the anti-graft agency for wasting four years prosecuting the case.

The judge added that the defendants ought not to have been charged in the first instance.

He said the allegation of illegal tax waivers granted to Shell and Eni was not corroborated by the Federal Inland Revenue Service (FIRS) or any authority.
Justice Kutigi said the EFCC failed to prove its charges of fraud, bribery and money laundering and ruled that the defendant has no case to answer, adding that the EFCC did not provide the necessary evidence to prove that the alleged N300 million bribe said to have been given to Adoke by Aliyu Abubakar.

The judge further noted that a charge must not be filed just for the purpose of filing, adding that a frivolous charge does damage to the judicial system.

“It is argued that people can be arrested circumstantially,” the judge said.

“But every trial, more so, a criminal trial is a different ball game which must be undertaken with utmost care and attention to details, particularly, the quality of the evidence and availability of witnesses.

“It cannot be right or fair, that in this case, for example, nearly about 30 counts in the case involving forgery, the documents subject to these counts were not presented in evidence and material evidence led to situate the elements of forgery.

“If as stated by the lead investigator, PW10,  that they demanded for about 37 documents from the CAC but only a few were made available, this then begs the question, why a charge will be filed involving those documents the prosecution does not have access to?

“I must therefore make the point that the whole trial process whatever its inherent imperfection is entirely evidence driven, evidence which requires quality and probative value.

“This is so whether it is at this stage of situating a prima facie, as in the present situation, or at the point of determining guilt, or otherwise of the defendants.
“Without evidence in either of the two situations, it is self evident that such a case stands compromised ab initio.

“On the whole, the prosecution has failed to prove the essential elements of the offences for which the defendants were charged and accordingly, the no case submission has considerable merit and must be sustained.

“To allow this proceedings to continue having regard to the totality of evidence laid bare on the record by the prosecution is to inflict undue hardship and injustice on the defendants.

“They ought not to have stood trial in the first place if the evidence on record was all the prosecution had to offer.

“The legal consequence of a successful submission of no case to answer is that such a discharge is equivalent to an acquittal, and dismissal of the charge on the merits.

“In my final analysis, and for the avoidance of doubt, my firm decision on the basis of the provision of section 302 of the ACJA 2015 is that the evidence adduced by the prosecution on record is not sufficient to justify the continuation of this trial.

“For this reason, I hereby preclude them from entering upon their defence.

“And accordingly, I hereby dismiss, I hereby discharge the defendants of all the entirity of the charge preferred against them.”

The EFCC had charged Adoke before the FCT High Court, Abuja, on January 15, 2020, along with Aliyu Abubakar, Gbinije of Malabu Oil & Gas Limited, Nigeria Agip Exploration Limited, Shell Ultra Deep Nigeria Limited, and Shell Nigeria Exploration Production Company Limited (SNEPCo).

Adoke was accused of collecting a gratification of N300 million from Abubakar over the OPL 245 resolution.

He was accused of conspiring with other defendants to “commit the offence of public servant disobeying direction of law with intent to cause injury or to save person from punishment or property from forfeiture”.

The former AGF was accused of “knowingly disobeying direction of law” by allegedly “saving Shell Nigeria Ultra-Deep Limited, Nigeria Agip Exploration Limited and Shell Nigeria Exploration Company Limited from charges of taxes.”

Adoke denied all allegations, maintaining that he was a victim of political victimisation by former president Muhammadu Buhari on behalf of the Abacha family who felt cheated in the OPL 245 transaction.

Adoke and five other defendants were discharged of all the charges, leaving Gbinije, the third defendant to open his defence in the remaining counts.

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Onitsha Main Narket Comes Alive As Monday Sit-at-Home Eases

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The Onitsha main market in Anambra State, on Monday, recorded boisterous activities as traders and shop owners opened for business amid excitement.

The market had hitherto been without activity on Mondays following the sit-at-home order imposed by the Indigenous People of Biafra (IPOB) since August 2021 in protest for the release of Nnamdi Kanu from the DSS detention.

Governor Chukwume Soludo visited the market last Monday after the one week closure following traders’ failure to comply with the government’s directive to disregard the Monday sit-at-home order, expressed satisfaction over the large turnout of traders at the market.

However, reports said that as early as 7 am, trading activities had resumed fully at major sections, including the popular Emeka Offor Plaza, Lagos Line, Ado Line, Mandela Line, and White House Line of the market, with trading activities proceeding smoothly.

Also, a visit to the Fashion Line, Children’s Wear Line, Accessories Line, Egerton to Ose Foodstuff Market and The Young Park, a major entrance to the market, showed that many traders were back as early as 8:45 am, setting up wares with trading activities going on smoothly, unlike what it used to be in the past Mondays.

Activities at the adjoining markets, such as Ochanja and Relief markets, also recorded high turnouts as traders were seen engaging in one transaction or the other.

The market remained active, although with security personnel seen, unlike last Monday when there was a heavy presence of security personnel.

Some traders who spoke to journalists while displaying their wares and waiting for customers expressed excitement and hoped for more positive outcomes.

One of the traders at Emeka Offor Plaza, who gave his name as Michael Igwe, said: “We are happy with the development as commercial activities begin on Mondays after over four years. Monday is the most serious day for business, and we hope this is sustained.

“As the market reopens, we believe economic fortunes and glory that have been lost due to the Monday sit-at-home will be rekindled, and the market will be back on track.”

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Electoral Act: Make e-transmission Votes Public, Senator Ningi Urges Senate

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The Senate may release records of how lawmakers voted on the controversial electronic transmission of election results, Senator Abdul Ningi, who represents Bauchi Central, has said.

Ningi spoke on Channels Television’s Politics Today on Monday, ahead of the emergency plenary session scheduled for Tuesday, convened amid mounting public criticism over the Senate’s handling of the Electoral Act amendment.

Asked whether Nigerians could be allowed to see which senators supported or opposed real-time electronic transmission of results, Ningi said such disclosure was possible under the Senate’s rules.

“I think it’s possible. It depends on the presiding officer because the law provides that,” he said.

Explaining how the process could be made transparent, the lawmaker added: “You can stand up and say, ‘I, Ningi, I accept e-transmission in real time.’ I sit down. It’s recorded every other senator, and that is the only way we need to move forward.”

Ningi said the controversy surrounding the amendment was partly due to gaps in the official record of what transpired during deliberations.

“One thing that is very important is that the votes and proceedings have not been captured. So tomorrow (today), we need to look at what the votes and proceedings captured are. Is it a transfer?” he said.

He further questioned how the amendment to the electronic transmission clause was handled on the floor of the chamber.

“There was a motion for amendment by Manguno, and then the question was put. Who asked the question? Why was the question raised?” Ningi asked.

According to him, the matter required clearer deliberation before any decision was taken.

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Four Gospel Artistes Found Dead inside Lagos Music Studio

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A gospel musician, Matthew Ogundele, and three members of his crew, have been found dead inside a music studio in the Abraham Adesanya area of Ajah, Lagos State.

The other victims were identified as Itunu Ogundele, Joseph Sanya, and a blogger, Matthew Awosanya, popularly known as JoesTv.

Reports said that the deceased were invited to minister on Tuesday, the second day of a three-day birthday praise programme organised by fellow gospel artiste, Olanireti Akinbola.

Reports quoting a police source said the artistes arrived for the programme in the evening and performed late into the night.

Owing to the late hour, they reportedly decided to stay the night in the studio, where they were later discovered dead the following morning.

“The convener organised a three-day birthday praise which began on Monday. Matthew Ogundele and his crew were billed to minister on Tuesday. The programme lasted late, so they decided to sleep over in the studio. It was the next morning that information filtered in that their lifeless bodies had been found,” the source said.

A Christian blog, Omojesu, also reported the incident in a Facebook post, stating that the victims opted to stay overnight because of the distance between the studio and their homes.

“In pursuit of a better life, a blogger known as JoesMediaTv and three musicians were reportedly invited to perform at a virtual birthday praise event at a studio around Ajah. Due to the distance, they decided to sleep over. Sadly, they were said to have passed away in their sleep,” the post read.

The matter was subsequently reported at the Ajiwe Police Station, Ajah, while colleagues and friends of the deceased have taken to social media to demand justice.

Images circulating online show traces of blood around the noses, mouths, and ears of the victims, triggering public concern and speculation over the circumstances of their deaths.

Confirming the incident, the Lagos State Police Public Relations Officer, SP Abimbola Adebisi, said the case was reported on Wednesday by the studio owner, Akintayo Akinbola, who is also the husband of the celebrant.

According to her, Akinbola told the police that he left the artistes in his studio – located within the HFP Shopping Complex – on Tuesday night after buying food for them while they prepared for a music concert.

“He stated that the artistes returned to the studio with the food while he went home. However, at about 11am on Wednesday, he returned and discovered that the studio door was locked from inside.

“He raised the alarm, and the door was forced open. Upon entry, the lifeless bodies of the four artistes were found inside the studio,” Adebisi said.

She added that detectives immediately visited the scene and documented their findings, noting that no visible signs of violence were observed on the bodies.

“The corpses were taken to the Mainland Hospital, Yaba, where a medical doctor confirmed them dead. They were later deposited at the Mainland General Hospital mortuary for autopsy and preservation,” she said.

Adebisi also disclosed that the case had been transferred to the State Criminal Investigation Department, SCID, Panti, Yaba, for comprehensive investigation to determine the exact cause of death.

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