society
EFCC vs Yahaya Bello: Appeal Court Asked To Vacate Arrest Warrant, Trial Court To Adjourn Case Indefinitely, Return Case File To CJ
EFCC vs Yahaya Bello: Appeal Court Asked To Vacate Arrest Warrant, Trial Court To Adjourn Case Indefinitely, Return Case File To CJ
The arraignment of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, over the alleged N80 billion money laundering charges made against him by the Economic and Financial Crimes Commission (EFCC), scheduled for tomorrow (Wednesday) may be stalled again, as Justice Emeka Nwite of the Federal High Court, Abuja, has been asked to adjourn indefinitely, proceedings in the charge, pending the determination of an appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
In the Appeal No. CA/ABJ/CR/535/2024, in which the trial Judge, Justice Emeka Nwite is being accused of miscarriage of justice, Bello is, through his Counsels, Musa Yakubu (SAN) & Co, seeking the setting aside of the Warrant of Arrest believed to have been illegally issued against him on April 17, 2024, as well as return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another Judge.
According to the News Agency of Nigeria (NAN),
the Appeal was filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024.
The former governor is also seeking an order of the Appeal Court, setting aside service of the EFCC Charge on him by substituted means, including the entire proceedings already conducted in the case.
In a letter to Justice Emeka Nwite, dated July 12, 2024, counsel to Bello, Musa Yakubu (SAN) requested that further proceedings in the charge be adjourned sine die, pending the determination of the appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
The letter obtained by NAN and a copy of which was sent to the National Judicial Council (NJC) and Chief Judge of the Federal High Court, was in response to a letter to Justice Nwite, by the EFCC, dated July 8, 2024 and filed on the July 10, 2024, according to information from the court registry.
In the letter, the EFCC requested for a variation of the earlier warrant of arrest issued against Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
Responding to the EFCC’s application, Bello’s counsel urged the Court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the controversial warrant of arrest and other related pronouncements of the trial Court.
According to counsel to Bello; “Drawing from the position of the law as contained in Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 and the pronouncement of the Supreme Court in the case of Vab Petroleum INC V. Momah [Supra] and a litany of other cases too numerous to mention here; we respectfully urge this Honourable Court ex debito justitiae to: “set aside and expunge from its records the proceedings of the 27th June, 2024, including any ruling, order or directive, same having been conducted in the face of the Defendant’s appeal entered on the 24th of May, 2024 and therefore reached per incuriam; “Refuse to countenance the application of the Complainant made vide the letter filed on the 10th of July, 2024 and or in the alternative refer same to the Court of Appeal for determination;
“Adjourn further proceedings in this charge sine die pending the determination of Appeal No: CA/ABJ/CR/536/2024 entered by the Defendant and pending at the Court of Appeal, Abuja.”
The letter read in part; “The Defendant to the Charge had on the 17th of May, 2024 filed a notice of appeal against the ruling of this Honourable Court made on the 10th of May, 2024 refusing to discharge brevi manu the warrant of arrest issued against the Defendant.
“The Defendant pursuant to the said notice of appeal, compiled and transmitted record of appeal to the Court of Appeal and entered on the 24th of May, 2024, Appeal No: CA/ABJ/CR/536/2024.
“Notwithstanding the foregoing, the Complainant has now filed the above referenced application seeking for the amendment of the warrant of arrest which was hitherto directed to the complainant only, to have it extended to the heads of other security and law enforcement agencies listed in the prosecuting Counsel’s letter.
“My Lord, this Honourable Court cannot countenance the application or do anything with respect to the aforesaid warrant of arrest or conduct further proceedings in this charge in view of the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 which is to the effect that: “After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto.’ Except as may be otherwise provided in these Rules, every application therein shall be made to the Court and not to the lower Court.
“The warrant of arrest upon which the Complainant’s application is predicated, is subject of appeal in Appeal No: CA/ABJ/CR/536/2024 and by the above reproduced provision of the Court of Appeal rules, this Honourable Court has become functus officio and no longer has the jurisdiction to entertain any application or do anything touching on the warrant of arrest issued on the 17th of April, 2024 as the Court of Appeal is now seized of the matter. By virtue of the appeal entered by the Defendant, the warrant of arrest subject of the Complainant’s application is now in total abeyance pending the determination of the Defendant’s appeal one way or another.
“To take any contrary step to the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, would be tantamount to undermining the Constitutional guaranteed Appellate jurisdiction of the Court of Appeal under Section 240 of the Constitution of the Federal Republic of Nigeria (as amended) and against the grain of settled position of the law established by the Supreme Court of Nigeria to the effect that, when an appeal has been entered, the lower Court no longer has the jurisdiction to do anything in the matter and ought to abide by the decision of the Appellate Court as any step taken by the trial Court in the face of such appeal is a nullity. see the case ofVab Petroleum INC V. Momah [20131 14 NWLR Part 1374 P. 284.”
Furthermore, the attention of Justice Emeka Nwite was drawn to a similar case, also a criminal appeal,’ in which Justice Ismail Ijelu of the High Court of Lagos State stayed further proceedings, the Appellant having entered an appeal in Appeal No: CAIL/1159/2023 Between Chief Cletus Ibeto V. Federal Republic of Nigeria, challenging the warrant of arrest earlier issued against him, in the face of his preliminary objection challenging the jurisdiction of the lower Court to entertain the charge filed by the Complainant against him.
“The trial High Court, a Court of co-ordinate jurisdiction with Your Lordship’s Court has stayed further proceedings in the charge pending the determination of the appeal entered by the Appellant therein.
“The Complainant’s application to you therefore, ought not to have been filed at all or if need be, ought to be brought before the Court of Appeal, Abuja which is now seized of the matter. The Complainant’s Counsel as a senior member of the Bar is under a duty to have brought the appeal entered by the Defendant to the attention of this Honourable Court even during the proceedings of 27th of June, 2024, is rather proceeding egregiously as if he is oblivious of and impervious to the appeal entered by the Defendant to the Charge before your Lordship’s Court.
“We therefore respectfully urge your Lordship not to be misled sir or hoodwinked by the Complainant into a head on collision with the Court of Appeal, but rather tow the above stated and well-established course of action.
“To do otherwise, would be an affront on the hallowed principle of judicial hierarchy and stare decisis which is the very foundation of our legal system,” the letter read further.
Alleged Manipulation of Defilement Case Sparks Call for Review of Legal Advice in Lagos
By Ifeoma Ikem
A legal controversy has emerged in Lagos following a petition seeking a review of a legal advice issued in a case involving two female teachers accused of negligence in a child injury incident at a nursery school in Ikorodu.
The petition, submitted by Crown Cannan Attorneys, urges the Lagos State Ministry of Justice to reconsider the legal advice issued on September 16, 2022, in the case titled Commissioner of Police vs. Ambassador Rukayat Tobiloba and Rukayat Lawal.
Addressed to the former Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, the application argues that the legal advice may have been influenced by what the petition describes as a “deliberate manipulation of facts.”
According to counsel representing the defendants, the allegations stem from an incident that allegedly occurred on October 26, 2021, at Great Kezino Nursery and Primary School located in the Adamo area of Ikorodu, Lagos.
The defendants, Ambassador Rukayat Tobiloba, 26, and Rukayat Lawal, 24, were reportedly the class teacher and assistant class teacher respectively in charge of a Nursery One class where the incident occurred.
Court documents indicate that a three-year-old pupil, identified as Victim A, was reportedly injured after another pupil allegedly pierced a pencil into her private part during school hours.
The prosecution claims the incident occurred due to the failure of the teachers to exercise adequate care and supervision over the children under their custody.
Based on this allegation, the two educators were charged with negligence under Section 252 of the Criminal Law of Lagos State, 2015, which addresses acts that may cause harm through lack of proper care.
The defendants were subsequently arraigned before Magistrate Court No. 2 in Ikeja on April 19, 2022, where they faced a one-count charge relating to the incident.
During the investigation conducted at the Gender Unit of the Lagos State Police Command in Ikeja, several civil society groups reportedly monitored the proceedings.
Among them were representatives of the African Women Lawyers Association (AWLA) and other non-governmental organizations.
These groups reportedly raised concerns about what they described as a growing tendency to weaponise allegations of child abuse in ways that could unfairly damage reputations and careers.
In its petition, the defence team argued that the case deserves a fresh review to ensure that justice is served based on verified facts rather than assumptions or public pressure.
They urged the Ministry of Justice to carefully reassess the legal advice and the circumstances surrounding the investigation to determine whether the prosecution should proceed as currently framed.
Legal observers say the outcome of the requested review could determine the next stage of the case and may also highlight broader concerns about investigative procedures and child protection cases within the justice system.
Reacting to a viral social media post by Ambassador Rukayat Tobiloba, who claimed she might be jailed for defilement, the head teacher of Great Kezino Nursery and Primary School, Mrs. Edaolaropin Toyin, provided the school’s account of events.
According to her, the pupil identified as Victim A was enrolled in the Nursery One class on September 20, 2021, which had about 15 pupils.
She explained that on October 26, 2021, the pupil was transported home on the school bus after closing hours and handed over to her father around 4:30 p.m.
“Later that night, the pupil’s mother allegedly contacted the head teacher, claiming her daughter cried while bathing and alleged that a male classmate, Victim B, had inserted a pencil into her private part during school hours,” she said.
The school, however, rejected the allegation, maintaining that no such incident occurred while the child was in its custody.
“The following morning, the teacher visited the pupil’s home, where the father reportedly denied the mother’s account of the incident,” Toyin added.
She said the situation escalated later that day when the child’s parents arrived at the school with police officers from Imota Police Station demanding that the alleged male classmate be produced.
The head teacher further stated that the school management had supported Tobiloba throughout the legal process.
“Since the incident happened, the school management has never stopped supporting Tobiloba’s welfare until last year when she sent a WhatsApp message saying she was no longer interested in the court matter, claiming she had relocated to Ibadan,” she said.
She described the claims currently circulating on social media as “defamatory narratives.”
*GEN CG MUSA SUPPORT INITIATIVE MOURNS FALLEN HEROES AND URGES UNITY IN SECURITY SUPPORT
The Gen Christopher Gwabin Musa Support Initiative (GCGMSI) expresses its heartfelt condolences to His Excellency Gen Christopher Gwabin Musa OFR, Minister of Defence of the Federal Republic of Nigeria, Grand Patron of the Initiative, and the families of the fallen heroes who courageously lost their lives in a recent attack by ISWAP in Konduga, Marte, Jakana, and Dalori in Borno State, northeast Nigeria. Among the tragic losses were three senior military commanders: Major U.I. Mairiga, Lt-Col Umar Faruq, and Lt-Col S.I. Iliyasu, who dedicated their lives to the service of our nation.
The GCGMSI implores the public to continue supporting our security agencies, emphasizing that the safety and security of our nation is a collective responsibility. Every day, our security forces pay the ultimate price to safeguard our country. We urge the public to remain supportive, pray for their success, and refrain from politicizing the security challenges we face.
This was contained in a statement signed by the Convener, Ibrahim Dahiru Danfulani Sadaukin Garkuwan Keffi/Betara Biu, which has been made available to the press. The statement highlights the initiative’s profound concern for the losses sustained by our security personnel and reflects on the broader security situation in Nigeria.
In his unwavering commitment to addressing the insecurity plaguing our nation, the Minister of Defence, Gen Christopher Gwabin Musa, has consistently engaged in urgent meetings with service chiefs, reinforcing strategic plans to combat threats and enhance national security. His leadership and decisive actions demonstrate a dedication to restoring peace and stability across our regions, ensuring a safer environment for all Nigerians.
society
SECURITY IS A SHARED RESPONSIBILITY: BACKING OUR MINISTER OF DEFENCE GEN. CHRISTOPHER GWABIN MUSA OFR
SECURITY IS A SHARED RESPONSIBILITY: BACKING OUR MINISTER OF DEFENCE GEN. CHRISTOPHER GWABIN MUSA OFR
By Ibrahim Dahiru Danfulani
In these challenging times, it is essential for all Nigerians to rally behind our leaders, particularly His Excellency Gen. Christopher Gwabin Musa OFR, the Minister of Defence. The security of our nation is not a matter to be taken lightly or politicized. Gen. Musa, recognized for his unwavering dedication and sacrifice, has served our country commendably throughout his life.
Following the recent reshuffle of service chiefs by President Asiwaju Bola Ahamed Tinubu GCFR, which resulted in Gen. Musa’s retirement as Chief of Defence Staff, many voiced their concerns. Yet, upon his appointment as Minister of Defence, there was a renewed sense of hope among the populace. Gen. Musa has embraced his role with an unwavering commitment, often sacrificing his rest to ensure the safety and security of our great nation.
While it is undeniable that Nigeria faces security challenges, we must approach these issues with unity rather than division. It is crucial to recognize that those who politicize our national security are often those who have not contributed positively to the success of our security agencies. Instead of spreading negativity, we should support Gen. Musa in his mission to restore peace and stability.
To achieve our collective goal of a secure Nigeria, we must provide Gen. Musa with the trust he deserves. His vision and determination, paired with our support and prayers, can pave the way to overcoming the challenges we face. It’s time for every Nigerian to put aside political differences and work together for the common good. Let us have faith in our leaders and trust in Gen. Musa’s ability to steer our nation towards safety and security.
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