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Yahaya Bello vs EFCC: The Tussle Continues
Published
5 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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Who Will Rescue Nigeria from Political Bandits?
Published
3 hours agoon
October 6, 2024By
EricBy Eric Elezuo
While Bala Mohammed had earlier indicated that the forum was considering the return of the national chairmanship to the North-Central, describing the current leadership arrangement in the North-East as unconstitutional, a decision that was supported by Osun state governor, Ademola Adeleke.
“My brother from the North-East is currently acting as the national chairman, which is a constitutional anomaly. According to our Constitution, any vacancy in a leadership position should be filled by the region from which it was originally created,” Bala said on Tuesday.
The Bauchi State governor explained that the North-Central region had been expecting the position and hinted that the forum was working with the chairman, the National Working Committee (NWC), and the broader party structure to return the chairmanship to the North-Central.
“We have discussed the issue and will work to ensure that the North-Central is given the opportunity to assume this responsibility,” he stated.
However, Governor Fintiri of Adamawa, in a sharp contrast to Bala’s stance, declared his strong support for Damagum’s leadership.
Fintiri noted that the North-East zone, which includes Bauchi, supports Damagum remaining as acting national chairman.
He referenced a Federal High Court ruling in Abuja that restrains the NWC, Board of Trustees (BoT), National Executive Committee (NEC), PDP, INEC, and any affiliated bodies from removing, replacing, or nominating a new chairman outside of Damagum.
“The court’s ruling is clear, and we must respect it for the sake of our party and democracy,” Fintiri stated in a statement earlier issued by his Chief Press Secretary, Humwashi Wonosikou.
The Adamawa governor further praised Damagum’s leadership for rebuilding public confidence in the PDP following the party’s defeat in the 2023 presidential election, and he endorsed him to complete the tenure of the former chairman, Dr. Iyorchia Ayu, a situation many members of the party disagree with.
Fintiri also emphasised that the North-East, having delivered strong results for the PDP in the 2023 elections, deserves the national chairmanship more than other regions. The zone includes Adamawa, Taraba, Gombe, Bauchi, Borno, and Yobe states, and Fintiri argued that their performance in the polls strengthens their claim to the chairmanship.
Oyo State Governor, Seyi Makinde, also declared his full support for the NWC under Damagum’s leadership, underscoring the growing division within the PDP Governors’ Forum over the party’s leadership crisis.
Makinde noted that, while internal disagreements are inevitable in any political party, the focus should remain on unity as the party prepares for critical elections.
The party also agreed to support Fubara in Rivers, resolving to hand over party structure to him against Wike’s quest to hold to the structure. But in response, Wike threatened to step fire in the states of the PDP Governors, who took the decision. But while Mohammed called his bluff, Makinde pleaded to be exempted, acknowledging alleged Wike’s superiority.
The dissension that has continued led to the party’s loss of the Edo State governorship election. They claimed it was rigged by the APC.
Demagum continues to argue that the party’s rules allow for some flexibility in leadership positions and pointed out that the deputy chairman from the North could naturally assume the chairmanship if it were vacated.
The judge, Peter Lifu, cited RSIEC’s non-compliance with its 2018 law concerning the voter register as a reason for the court’s decision to halt the elections
Many lawyers and judicial stakeholders have expressed their disagreement with the court order and stressed the importance of judicial independence.
They argued that the case underscored the unconstitutionality and undemocratic nature of caretaker committees managing local governments.
A lawyer and Senior Advocate of Nigeria, Jibrin Okutepa, noted as follows:
“Section 1 of the 1999 Constitution makes the constitution supreme and binding on all persons and authorities, including Nigerian courts.
“Section 287(1) further stipulates that decisions of the Supreme Court must be enforced across Nigeria by all persons and courts with subordinate jurisdiction to that of the Supreme Court.
“Judgments of the Supreme Court, whether rightly or wrongly decided, cannot be questioned or ignored by any courts or individuals in Nigeria; they can only be criticised.”
Also toeing the line of political banditry in the nation is the recklessness that has been exhibited by the electoral umpire, the Independent National Electoral Commission (INEC). The body has been accused of also giving electoral victory to whomever expresses monetary and influential concern, especially the government of the day. The situation was further brought to light with the handling of the Edo State governorship election.
The situation of almost complete lawlessness that has pervaded the length and breadth of the nation’s political and economic sectors, have reduced the society to enclave enslaved by a group of individuals, who do not wish corporate existence, but selfish fulfillment of individual agenda.
In Rivers State, Governor Fubara appears to have called the bluff of the Bola Tinubu-led APC, the camp of Wike and all, who were bent on undermining his administration, but the question still stand, who will rescue Nigeria from political bandits as the situation is far from over.
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Glo Splashes Millions of Naira on Partners at Luxurious Event in Lagos
Published
1 day agoon
October 5, 2024By
EricGlobacom, Nigeria’s telecommunications and digital solutions services provider, on Thursday treated its business partners across the country to a luxurious ceremony in Lagos. The event was held at the Eko Hotel and Suites, Victoria Island.
At the event, Globacom honoured its top-performing partners that fulfilled all regional and national deliverable requirements with millions of naira in recognition of their outstanding work.
A total number of 71 partners were rewarded in two broad categories, with the winners receiving millions of naira in cash prizes. Category 1 comprised 22 Activation Award winners and 33 Divisional Recharge winners.
In Category 2, 16 partners were rewarded for outstanding performance at the national level. They included partners who performed excellently in Sponsored Data and Activation and those who won national awards in the Recharge category.
The event was held to “honour not just individual successes, but the collaborative spirit that drives innovation and growth”, according to a statement from Globacom. It added that each of the partners “continues to play crucial roles in Globacom’s mission to empower people and businesses, pushing the boundaries of what is possible in telecommunications”.
Globacom shared with them its current and future projections to grow the company and maintain a win-win partnership with the business partners and promised to constantly take their interest and that of other stakeholders into account in all of its plans and projections.
“We are excited about the future, of our continued partnership in serving our customers, fulfilling their needs and helping them achieve their ambitions. We count on you all to be by our side all the way”, the company reiterated to the business partners.
Globacom, which recently clocked 21st, noted that it has grown from being a telecommunications service provider to becoming a Digital and Technology Company, leading the drive into Nigeria’s digital future. It promised to continue to explore unlimited opportunities to serve the customers by investing heavily in the latest tools and technologies.
The company recently unveiled My-G which gives subscribers more data value and more freedom to explore their passions. It has also reinvigorated the Glo Cafe app to give subscribers total control and access to entertainment, gaming, data solutions and other VAS services on their mobile devices. Glo also enhanced the Berekete tariff plan to give unparalleled juicy benefits to subscribers, ensuring that every new business innovation, product and service bring Glo customers one step closer to their goals.
However, the partners had a terrific time being entertained, so the event wasn’t just about business presentations and prizes. Lilian Yeri Danceworld, an all-female dance company with a lot of versatile dance movements, was available to entertain the guests.
Celebrated musician, Flavour, also brightened up the evening with great music, adding color to bring the celebration to a close. Several guests joined him on the dance floor to enjoy his songs and flow along with his captivating performance.
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Charles Osuji: Canada Celebrates a Legal Wizard
Published
6 days agoon
September 30, 2024By
EricBy Eric Elezuo
From a very humble beginning in Imo State, South East Nigeria, Charles Osuji has not only found the golden fleece, but had nature give him a soft landing on posterity; the evidence of his prolific hard work.
Here’s the story of a man, who transcended boundaries and borders, challenges and huddles as well as barriers to take the legal profession by storm, hitting the highest echelon with panache in far away Calgary, Alberta in Canada. He graduated top of his class with honours from Imo State University in 2009, and called to the Nigerian bar from where he migrated to Canada. He was absorbed into the then Smith Law Office, where he had a successful articling before being admitted into the Alberta Bar in 2014. He became a partner in 2016, and moved to sole ownership in 2017.
Today, Canada celebrates a man of vision, impact, focus, determination and commitment to growth, just as Nigeria walks tall with pride at a total package of dignity, influence, affluence and candor exportable to the global world. His name is Dr. Charles Osuji, the Chief Executive Officer of one of Canada’s most thriving law firm, Osuji & Smith Lawyers. Osuji proved from day one to be a man, who knows what he wants, and it is no accident that he has achieved so much, and yet not rested on any oars. He sits comfortably as the owner of the largest black-owned law firm in Canada.
Osuji’s larger than life achievements have been encapsulated in what most authorities have said and written about him.
In a speech during the welcoming of The Boss Publisher, Chief Dele Momodu, in Calgary the week before, Barrister Juliet Omonigho, has this to say about Dr. Osuji
“Sir, let me tell you a bit about Dr. Charles Osuji; like Chief Dr. Momodu, he embarked on a journey fueled by vision and determination. Charles arrived in Canada and quickly rose through the ranks with sheer hard work, humility, and an unwavering commitment to excellence. In just a few short years, five years to be exact, he went from a young Nigerian boy in his twenties who, though graduated at the top of his class, seemed to have no prospects when he arrived in Canada, working three menial jobs to make ends meet, to finally getting an articling position after over 200 rejections! He bought the firm just three years after Articling and, in just five short years as managing partner, led it to become the largest black-owned law firm in Canada! His story is one of resilience, innovation, courage and the kind of tenacity that transforms dreams into reality.
“Osuji & Smith Lawyers, under Charles’ leadership, mirrors the journey of Ovation International. Both entities began with a vision, faced numerous challenges, achieved feats that had never been achieved before… and ultimately became symbols of success and excellence in their respective fields. Just as Chief Dr. Dele Momodu has become a beacon of pride for Africa in the global media landscape, Dr. Charles Osuji and his firm have become shining examples of what can be achieved by a young immigrant lawyer with no connections in Canada but through hard work and a commitment to uplifting others rise to national recognition in this country.
“Through the Foot in the Door Initiative, FIDI, an organization founded to empower internally trained lawyers Charles, our firm’s reach is international, giving incredible opportunities to internationally trained lawyers around the world to gain legal experience so they do not have to spend years writing hundreds of applications as he did before getting a foot in the door into a legal profession.
“As a director of the program, we get contacted by lawyers from around the world about the opportunity to be part of the initiative, and we say yes, which gives them the confidence to move to Canada to pursue their legal careers. The impact of the FIDI innovation is truly global.
“Our firm is so successful because Charles has assembled an incredible team of legal minds producing first-class work and the most dedicated and brilliant administrative staff. And collectively, we are all determined and dedicated to giving back. We are a full-service law firm with a diverse staff that speaks over 31 languages; by the way, Chief Momodu, we know you are a linguist who speaks several languages. Our ages range from twenties to seventies, and we serve a diverse Canada.
“As a result of Charles’ leadership, Nigeria is uplifting others regardless of race, ethnicity, or nationality. Over 200 FIDI students from different races have passed through our doors. Osuji & Smith has won landmark cases that established precedents, especially in employment law.
“Our firm has won over 105 awards across Canada, and Charles was recognized as one of Canada’s 25 most influential lawyers at age 35.
“Chief Dr. Momodu, you have led the way, setting an incredible example for a person like Dr. Charles Osuji—to rise to remarkable heights while keeping your focus on a larger mission: showcasing excellence, rewriting narratives, and creating opportunities for others. Your story continues to impact us even in the diaspora. It reminds us that with vision, determination, and the courage to stand for something greater than ourselves, there are no limits to what we can achieve.”
For a gentleman, who moved to Canada in 2011, it is quite impressive how he has climbed the ladders of success, and settled at the very height of greatness.
OF CHARLES OSUJI AND OSUJI & SMITH LAWYERS
By the age of 30, Charles Osuji, an internationally trained lawyer from Nigeria, bought a 37-year-old firm wherein he had served as an articling student not long before. Today, Osuji & Smith is a thriving small-sized firm that offers multi-generational and multi-cultural perspectives to its client base. The firm’s diverse staff includes lawyers who are educated or trained abroad, as well as individuals who can speak English, Igbo, Mandarin, Cantonese, Bengali, Spanish, Japanese, Korean, French, Hindi, Punjabi and Urdu. Professionals at Osuji & Smith can bring their diverse legal, financial and lived experiences to the table, which is what sets the firm apart from others.
Charles Osuji acts as a role model for young professionals and as a mentor to the associate lawyers, articling students and legal assistants at the firm. For these reasons, Three Best Rated has consistently named Osuji & Smith, beginning in 2017, as one of the top-rated employment and business firms in Calgary.
Also on the endless list of those, who have one or two things to say about Osuji is the site LEXPERT Business of Law, who wrote in 2021 as follows:
In 2011, Charles Osuji uprooted himself — and his developing legal career — to move to Calgary from Nigeria. An internationally trained lawyer, he came to Canada knowing he’d have to become re-accredited and develop a new network of personal and professional colleagues — but Osuji wasn’t daunted by these challenges. He joined what is now Osuji & Smith Lawyers in 2013 as an articling student, was called to the Alberta Bar in 2014, became partner at the firm in 2016 and then, at the age of 31, made another bold move: he became sole owner of the firm. At an age when most lawyers are still preoccupied with learning their craft, Osuji stands at the helm of a thriving and fast rising small-sized law firm as managing partner and CEO.
Osuji was recently named one of Canadian Lawyer’s Top 25 Most Influential Lawyers; was recognized in both Canada and Avenue Calgary’s Top 40 Under 40 Award categoryies; won the Immigrant of Distinction — Achievement Under 35 Award from Immigrant Services Calgary; was recently recognized, and voted by his fellow lawyers across Canada, in Best Lawyers: Ones to Watch, 2022, for his outstanding professional excellence in private practice; and was a nominee for the Canadian Bar Association’s 2020 Douglas Miller Rising Star Award.
Osuji & Smith covers a number of areas of law including personal injury, immigration, civil litigation, business, wills and estate, real estate, family, and employment and labour. Clients, which represent a cross-section of Alberta businesses and individuals, benefit from the firm’s multi-generational and multi-cultural perspectives, and Osuji’s willingness to provide these different perspectives sets his firm apart in the Calgary market. He strives to bring an entrepreneurial, multi-cultural and holistic approach to the practice of law.
Osuji is dedicated to providing mentoring and leadership for his staff and is also “a volunteer extraordinaire.” He plays piano at his church, provides pro bono work such as with E-Fry and legal clinics and is a mentor for other newcomer professionals through the Calgary Region Immigrant Employment Counsel, where he participates in workshops and panel conversations as well as serves on the Board of Directors and as Secretary.
Despite his fast and furious rise in the Canadian legal community, Osuji remains humble, genuine and kind. His unique combination of high intellect, tireless work ethic and business acumen fuels this rising star, but Osuji remains grounded by his role as a model citizen for all young professionals.
A multi-award-winning lawyer across divides, Charles Osuji remains undaunted, churning out firsts after first.
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