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Yahaya Bello vs EFCC: The Tussle Continues
Published
7 months agoon
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EricBy 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.
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How FG Spent N19bn on Presidential Planes in 15 Months – Report
Published
5 days agoon
November 12, 2024By
EricAt least N19.43 billion has reportedly been spent on the maintenance and operations of the Presidential Air Fleet from July 2023 to September 2024.
According to GovSpend, a civic tech platform that tracks and analyses the Federal government’s spending, showed that for 2024, the payouts amounted to N13.55billion, representing 66 per cent of the allocations for the fleet in the 2024 fiscal year.
Most disbursements were labeled ‘Forex Transit Funds,’ typically funds allocated for foreign exchange requirements to facilitate international transactions and engagements.
In the context of the Presidential Air Fleet, such funds are used to cover expenses related to operations outside the country, including fuel purchases, maintenance or services in foreign currencies.
“When aircraft on the fleet are abroad, payments are often made in U.S. dollars or another foreign currency to ensure uninterrupted operations,” a government official explained.
In July 2023, N1.52bn was disbursed in two tranches of N846m and N675m for ‘Presidential air fleet forex transit funds.’
The following month, N3.1bn was disbursed in three tranches of N388m, N2bn, and N713m for the same item.
In November of that year, N1.26bn was released to the Presidential Air Fleet Naira transit account.
The first overhead for 2024 came in March, where N1.27bn were disbursed twice, amounting to N2.54bn. The transit account received N6.35bn in April, N4.97bn in May and N210m in July.
August saw the highest frequency of transactions, with N5.60bn released in six separate disbursements.
Although these transactions were not clearly labeled, the monies were paid into the Presidential Air Fleet naira transit account, including the N35m transfer made in September.
In late April, the transit account received N5.08bn; this came around the same time the President was on a two-nation tour to the Netherlands and Saudi Arabia.
Although Tinubu arrived in the Netherlands in a state-owned Gulfstream AeroSpace 550 Jet, the aircraft could not proceed to Saudi Arabia due to unspecified technical problems. He reportedly continued his journey on a chartered private plane.
At the time, the President’s Boeing 737 business jet was undergoing maintenance. It was later replaced with an Airbus A330 purchased for $100m in August through service-wide votes.
The nearly 15-year-old plane, an ACJ330-200, VP-CAC (MSN 1053), is “spacious and furnished with state-of-the-art avionics, customised interior and communications system,” Tinubu’s Special Adviser on Information and Strategy, Mr. Bayo Onanuga said, adding that it “will save Nigeria huge maintenance and fuel costs, running into millions of dollars yearly.”
The new Airbus A330 is just one of several aircraft currently on the Presidential Air Fleet, arguably one of Africa’s largest, with around 11 aircraft of various makes and models. Until August, it comprised the 19-year-old B737-700 and a 13-year-old Gulfstream Aerospace G550.
The BBJ was acquired during the tenure of former President Olusegun Obasanjo at $43m but became a money guzzler as it aged.
Onanuga, defending the purchase of Airbus A330, argued that the new Airbus 330 aircraft and the costs of maintaining the air fleet were not for the president but in the interest of Nigerians.
“It’s not President Tinubu’s plane; it belongs to the people of Nigeria, it is our property…the President did not buy a new jet; what he has is a refurbished jet – it has been used by somebody else before he got it, but it is a much newer model than the one President Buhari used.
“The one President Buhari used was bought by President Obasanjo some 20 years ago. There was a time when the President went to Saudi Arabia, and the plane developed some problems. The President had to leave the Netherlands with a chartered jet.
“Nigerians should try to prioritise the safety of the President. I’m not sure anybody wishes our president to go and crash in the air. We want his safety so that he can hand it over to whoever wants to take over from him,” Onanuga said.
The presidential aide said he discussed with the National Security Adviser, Nuhu Ribadu, on the faulty plane [Boeing 737 jet] and he said the maintenance costs were excessive because of the age of the aircraft, hence the need for another plane.
The presidential fixed-wing fleet includes a Gulfstream G500, two Falcon 7Xs, a Hawker 4000, and a Challenger 605.
Three of the seven fixed-wings are reportedly unserviceable. Meanwhile, the rotor-wing fleet includes two Agusta 139s and two Agusta 101s, all operated by the Nigerian Air Force but supervised by the Office of the National Security Adviser.
Former President Buhari promised to reduce the number of aircraft in the PAF to the absolute necessary.
In April 2023, three jets were put up for sale, but there were no specifics on which.
However, efforts to sell one of the Dassault Falcon 7x and the Hawker 4000 in October 2016 stalled when a potential buyer reduced their initial offer from $24m to $11m.
Since 2017, budgetary allocations for the fleet have shown a growing trend, with one exception in 2020.
The allocation for the fleet increased from N4.37bn in 2017 to N20.52bn in 2024, showing a 370 per cent rise in running costs.
In 2018, the fleet’s budget rose significantly by 66.13 per cent to N7.26bn, driven by a substantial increase in capital project allocations while maintaining similar levels for recurrent costs. This upward trajectory continued into 2019, slightly increasing the total allocation to N7.30bn.
The exception came in 2020, when the budget dropped by nearly seven per cent to N6.79bn, primarily due to decreased overhead costs, a reflection of the global economic impacts of lockdowns and disruptions in operations.
By 2021, however, the budget surged dramatically to N12.55bn—a record increase of 84.83 per cent from the previous year.
In 2022, maintenance expenses for each aircraft ranged from $1.5m to $4.5m annually.
The 2022, 2023 and 2024 appropriation acts earmarked N12.48bn, N13.07bn and N20.52bn respectively.
On his way to the 2024 Commonwealth Heads of Government Summit in Samoa, a foreign object damaged the cockpit windscreen of Vice President Kashim Shettima’s GulfStream aircraft during a stopover at JFK Airport in New York.
According to Lee Aerospace, manufacturers of the Gulfstream, jet windshields consist of thick multilayered structures of varying layers of glass and transparent acrylic built to withstand collision with a 2kg object.
However, damage to the windshield must have affected its inner layers. While specific prices for replacement can vary based on supplier, labour rates and regional costs, estimates suggest that a single windshield replacement for a G550 can range from $50,000 to $70,000 for part and labour costs.
In an interview with our correspondent, the General Secretary of the Aviation Round Table, Olumide Ohunayo, blamed the meteoric rise in the allocations for the PAF on the age of some of the aircraft in the fleet and declining value of the naira as well as the “commercial use” of aircraft by the Nigerian Air Force.
Ohunayo said, “The cost will definitely increase over the years because for one, this issue of the naira against the dollar. As the naira keeps falling to the dollar, we will see a rise in cost because most of the costs of training crew and engineers and replacing aircraft parts are all in dollars.
“Also, some of these aircraft are not new. The older the aircraft, the higher the cost of maintenance and operation.
“Lastly, during these past years, terrorism and insecurity have increased in Nigeria, which has also affected the cost of insuring the aircraft.”
For his part, the Executive Chairman of the Centre for Anti-Corruption and Open Leadership, Debo Adeniran, argued that the administration’s spending habits were opposite to Nigerians’ expectations of frugality.
“What we are getting from this administration is opposite to our expectation. We thought we would have an administration that would be frugal in spending and very meticulous at implementing its budget.
“But what we are getting is an administration that has fallen in love with profligacy; that doesn’t see anything wrong in living big amid a poverty-stricken nation.
“It is a reenactment of the Shagari administration, whereby they bought the biggest Mercedes Benz and made themselves as comfortable as possible without considering how much the masses are suffering.
“So when you look at a Vice President saying he’s not travelling [to Samoa] again because there was a splinter on the windscreen of his private aircraft. Why should that be the case?
“First and foremost, we need to be represented at such an international meeting, where we should be well represented by the first two citizens of this country.
“He abandoned that, which means we would have lost certain representation that we deserve at that forum. Two, money will have been spent on advance parties that went ahead of the Vice President. But he abandoned the journey altogether.”
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Pastor Tunde Bakare: Celebrating a Visionary Preacher @70
Published
7 days agoon
November 10, 2024By
EricHe is visionary, blunt, articulate, passionate, fiery, evangelical, fearless, controversial and the newest septugenarian. He is the Founder and Presidng Pastor of the Citadel Global Community Church (CGCC), formally known as the Latter Rain Assembly. He is Pastor Tunde Bakare.
A thought provoking preacher, social commentator, legal expert and politician, Tunde Bakare has come of age in the business called Nigeria.
Born on November 11, 1954, Pastor Bakare is regarded as not only a prophetic-apostolic pastor, but a social and economic image maker, whose contributions to the originality, truth and oneness of the nation cannot be overemphasized.
Originally a Muslim, who embraced the Christian faith in 1974 at the age of 20, Bakare has contributed his quota as a nation builder, seeking both the Vice president and president positions of the nation on two different occasions.
Pastor Bakare started his educational life at All Saints Primary School, Kemta, Abeokuta, and subsequently Lisabi Grammar School, Abeokuta, where he obtained both the School Leaving Certificate and the West Africa Examination Council certificate
After his secondary education, he was admitted into the University of Lagos where he studied Law between 1977 and 1980 before attending Law School in 1981, and was subsequently called to the Bar and following his time in the National Youth Service Corps (NYSC).
Bakare kickstarted his career when he started practicing law at the Gani Fawehinmi Chambers. His dexterity on the job propelled him to Rotimi Williams & Co., and later to Burke & Co., Solicitors.
In October 1984, he went solo, and established his own law firm, Tunde Bakare & Co. (El-Shaddai Chambers). Within the preceeding periods, he combined his legal duties with pastoral functions working as a legal adviser at the Deeper Life Bible Church, and later moving to the Redeemed Christian Church of God, where he became pastor and founded the Model Parish.
Following his time at the Redeemed Christian Church of God, Bakare left to start the Latter Rain Assembly Church in 1989, known today aa CGCC, where he presently serves as the General Overseer. In addition to his time in the church, he zeroed into part time politics, serving as the running-mate to presidential candidate Muhammadu Buhari in the 2011 presidential election. Bakare has been critical of Nigeria’s leadership and has sparked controversy with comments considered inflammatory regarding Muslims and other spiritual leaders.
Also in 2019, Bakare announced his intention to run for president of Nigeria following the end of Buhari’s second term with a total conviction that he has a direct mandate to do and will surely become the next president of Nigeria. He joined the All Progressives Congress (APC) but, lost at the primaries conducted at Eagle Square, Abuja, in May 2022. He launched his then political trajectory under the New Nigeria Progressive Movement.
While expressing his intentions to run for the 2023 presidential election towards becoming the next president of Nigeria to church members in 2019 when he was quoted as saying, “I will succeed Buhari as President of Nigeria; nothing can change it. I am number 16, and Buhari is number 15. I never said it to you before. I am saying it now, and nothing can change it. In the name of Jesus, he (Buhari) is number 15. I am number 16. To this end, I was born, and for this purpose, I came into the world. I have prepared you for this for more than 30 years.”
Bakare also presides over the Global Apostolic Impact Network (GAIN), a network of churches, ministries, and kingdom businesses committed to advancing the Kingdom of God on earth as well as the President of Latter Rain Ministries, Inc. (Church Development Center) in Atlanta, GA, USA, a ministry committed to restoring today’s church to the scriptural pattern. He was given a Doctor of Ministry degree by Indiana Christian University under the leadership of his mentor, Dr. Lester Sumrall, in 1996.
He also holds a yearly state of the nation address to set the stage for the future and review national issues of the year past.
In his 2019 address, he stated, “We can therefore confidently state that, over the past thirty years, we have faithfully executed our God-given mandate to the nation from this platform. Over the past thirty years, we have deployed appropriate tools for appropriate occasions, from prophetic declarations to confrontational advocacy and from political activism to propositional policy advisory. Over the past thirty years, we have done this consistently, sometimes at the risk of being misunderstood by friends and foes alike.
“We have been motivated not by wavering
opinions of men but by our unshakeable faith in our national destiny and an unalloyed commitment to seeing that destiny fulfilled.”
Reports have it that he was arrested in March 2002 after preaching sermons critical of Nigeria’s then-president, Olusegun Obasanjo.
No matter how it is viewed, and the direction of his controversies, one thing is obvious, Bakare has stood on the side of truth, hope, and justice, and has remained consistent over the years.
The Serving Overseer has been very vocal, his trademark, over the recent hardship in the country, condemning the politicians for preaching what they cannot practice.
He said Nigerian politicians were not living lean or sacrificing like the rest of the citizens whom they asked to sacrifice for the country by enduring economic hardship.
Bakare said this while delivering the keynote address with the theme: “Cultivating a Culture of Dialogue: Nurturing Understanding in a Culturally and Socially Diverse Nation” at Wilson and Yinka Badejo Memorial Lecture 2024.
He is a strong believer in the theory that the pen is mightier than the sword. He write in an essay of same title that:
“The likes of Dr. Nnamdi Azikiwe, Kwame Nkrumah, and Chief Obafemi Awolowo, armed with no other weapon, mobilised the Queen’s language in the struggle for independence from the Queen. They fought their battles through such media as West African Pilot, Accra Evening News and The Tribune. Decades after independence, when free, fair and credible elections were annulled, and a tyrannical dictatorship held sway, the Nigerian press took up the baton and contended against the sword of oppression by deploying the armoury of vocabulary. I am so glad that the labours of these pen warriors and all others who fought for the democracy we enjoy today have not been in vain after all.”
For seven decades, Pastor Bakare has remained a voice in Nigeria politics, religion and socio-economic circle, relating with with Nigerians according to where the matter lies.
On this occasion of your 70th Birthday, we celebrate your consistency, focus and leadership acumen that has affected the people positively.
Congratulations sir!
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US Polls: Tinubu, UK PM Starmer Congratulate Trump
Published
2 weeks agoon
November 6, 2024By
EricPresident Bola Tinubu has extended his heartfelt congratulations to President Donald Trump on his re-election as the 47th President of the United States of America.
A statement by Special Adviser to the President (Information & Strategy), Bayo Onanuga on Wednesday, said President Tinubu looks forward to strengthening the relations between Nigeria and the United States amid the complex challenges and opportunities of the contemporary world.
Donald Trump claimed victory on Wednesday and pledged to “heal” the country as results put him on the verge of beating Kamala Harris in a stunning White House comeback.
President Tinubu said: “Together, we can foster economic cooperation, promote peace, and address global challenges that affect our citizens.”
According to President Tinubu, Trump’s victory reflects the trust and confidence the American people have placed in his leadership. He congratulates them on their commitment to democracy.
President Tinubu believes that, given President Trump’s experience as the 45th president of the United States from 2017 to 2021, his return to the White House as the 47th president will usher in an era of earnest, beneficial, and reciprocal economic and development partnerships between Africa and the United States.
Acknowledging the United States’ influence, power, and position in determining the trend and course of global events, the Nigerian leader trusts that President Trump will bring the world closer to peace and prosperity.
Meanwhile, the British Prime Minister, Keir Starmer, has congratulated Donald Trump on his “historic election victory”, adding that the UK-US special relationship would “continue to prosper”.
“As the closest of allies, we stand shoulder to shoulder in defence of our shared values of freedom, democracy and enterprise. From growth and security to innovation and tech, I know that the UK-US special relationship will continue to prosper on both sides of the Atlantic for years to come,” he said.
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