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EFCC vs Yahaya Bello: Appeal Court Asked To Vacate Arrest Warrant, Trial Court To Adjourn Case Indefinitely, Return Case File To CJ
Published
4 months agoon
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.
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society
Tinubu Has Plans To Change Nigeria — Doyin Okupe
Published
15 hours agoon
November 21, 2024Tinubu Has Plans To Change Nigeria — Doyin Okupe
…It Will Take Two Years For Reforms To Bear Fruits
…Says Atiku, Obi Had Nothing To Offer
…2023 Election Was Not Rigged
For Doyin Okupe, sitting on the fence is not an option. He prides himself as a rare politician who speaks without minding whose ox is gored. Mostly misunderstood, he has been around for a long time but has refused to exit the stage.
As a spokesman to two former presidents, he courted controversies and was once dubbed the attack dog to a sitting president. From seeing satire to innuendoes thrown at him, Okupe has waxed stronger brushing aside criticisms, he said he has grown accustomed to and fears no one. To him, eliciting criticisms is the price for being principled, and it amounts to anathema to stay under the radar for fear of being criticised.
In this interview with Isuma Mark of THE WHISTLER, Okupe took on long time political colossus, Atiku Abubakar and 2023 presidential candidate of the Labour Party, Peter Obi, dismissing them as having nothing better to offer Nigeria. He lambasted them for daring to propagate what he claimed was a fallacy that the 2023 election was rigged.
He dubbed President Bola Tinubu a reformer in Aso Rock whose policies would begin to yield results from two years of the administration.
Except…
You’ve been in the news lately with critics and supporters saying that you’re looking for a job. What’s happening?
I am 72 years old. I have been a spokesman for two former presidents in Nigeria. I’ve been the spokesman of a major political party, NRC (National Republican Convention). I was also the spokesman of the Liberal Convention.
I have had my bit. Do you understand? I have had my bit. Those who say I’m looking for a job; if you checked that demographic, they are people in their 20s who do not know to us
I have always gone for and spoken strongly about whatever I felt compelled to comment on. That has been my lifestyle. When I supported Obi (Peter), what was I looking for? Obi was not even in the country then. He never lobbied me. He never spoke to me. He never asked for my support.
I went to Abeokuta (Ogun State) and I had a press conference, and I said I am stepping down from running for president and that I will be supporting Peter Obi. What was I looking for then? Because I believed at that time in regional equity and justice for us. Because we believed that the presidency should come to the South.
After a Northerner had been there for eight years, there is an existing understanding in the polity of this country among the political elites that the presidency would rotate between the North — not only between the zones but between the North and the South. So, if the presidency is coming to the South, there are three zones in the South—South-West, South-South and South-East.
It was only the South-East that had not had a shot at it. Nobody lobbied me, no human being on earth came to me, and pleaded for my support.
I personally, having conferred with Chief Ayo Adebanjo, who advisedly decided that I should support the South East. The best candidate at that time in the South-East, in PDP, was Peter Obi.
So, that’s why I went to support him. So, what was I looking for? That is my style. That is how I am.
When I was in the NRC, I was one of the campaign directors for Bashir Tofar. We campaigned vigorously around the country, but we lost the election. The military tried to play a game, tried to recruit us, and they did, they finally recruited us (the NRC) to support the annulment.
I left and resigned from my membership of NRC and joined NADECO (National Democratic Coalition) at the time when my colleagues in the NRC — I was in the top bracket of NRC — were being made ministers, I left it and I joined NADECO.
Abiola (MKO) did not call me, nobody called me, but that was what was just, and that was what was fair. That has always been the underlying theme in our philosophy in all my political engagements.
When I supported Obasanjo in 1998, Obasanjo never, ever called me. I didn’t know him closely. We were not friends, we were not colleagues, we were not anything. But I believed that this was a general who had strength and capacity, and he would do well, better than any other candidates, including Falae, who I had been very close to because of NADECO.
I held a press conference, and I announced that I was going to support Obasanjo. Obasanjo did not know anything about it, and on the first of December 1998, I drove to Ota Farm to meet Obasanjo and declared support for him.
That’s how my journey with him started. So, those who see what I’m doing with Bola Tinubu today and thinking that it was some personal dream, I told you, they can only be young people who do not know. They don’t have the history; they don’t know what my pedigree is. I am a man that supports what I consider to be fair and just even if it is to my detriment.
I met the president, Tinubu, about a week ago. I’ve not seen him for seven or eight years. I have not spoken to him on the phone. He didn’t talk to me. But he’s somebody I know very well politically. We have never been on the same side before in politics but we’ve always shared a camaraderie since our NADECO days. We came very, very close. When you’re in the trenches and you’re fighting a liberation war or another, you tend to be bonded more than just ordinarily when there are no issues.
From that time, till when he was governor and left as governor, I’ve had opportunities to sit with Bola Tinubu for three hours unending. And he has impressed me, not only as a politician, but as a technocrat, a man that was capable of deep thinking.
He has developmental ideologies and policies at his fingertips. This thing, you don’t learn it. It’s a gift.
The last time we had anybody close to him was Awolowo (Obafemi). Awolowo was a very serious-minded politician, but who had ideas of public policies that would benefit the masses. That is what Bola Tinubu is today.
Bola Tinubu, you know, in the villa, we have a reformer, a president who is a reformer.
I’ve heard some people saying that Bola Tinubu came to the office without a plan, he has no clue, that is balderdash, that is total nonsense.
I have worked with two past presidents. I have studied other presidents closely from a very close point. I don’t know any Nigerian president from 1960 to date who has come more armed, better prepared for governance than this gentleman.
Unfortunately for him, he has come into government at a very terrible and awful time. And when I met him, I told him, ‘are you out of your mind?’How would you want to succeed a Buhari (Muhammadu) administration, eight years of total abandonment, decadence and retrogression?
He said that is his passion. He was driven by that passion to help Nigeria. Having been part and parcel of those who brought Buhari, you can’t blame somebody for bringing a leader. If the leader does not perform, it’s unfortunate. But if you are brave enough to say, yes, you know, whatever you have done wrong, let us put our necks out and correct it. And this is what this guy is doing.
How can you ask him, how can you ask a president, Bola Tinubu, how can you hold him accountable for the ills of 30, 40 years? And for the two-terms of national abandonment of the last eight years, it’s unfair, it’s unrealistic.
And go and check it, being a reformer, you know, he didn’t ask me to say this, but I’m telling you from my own common sense and understanding of how government works, Bola Tinubu will need a minimum of two years for some of his policies to be properly grounded, established and to begin to produce results.
I have gone to read history, I read about Lin Kuan Yew. Lin Kuan Yew had, you know, Singapore, and at that point in time, the other country next to it, Malaysia, before they pulled out. He had those 31 years to rule that country, to ground that country, to transform that nation from third world to first world. 31 years, I read his book.
He said, I did certain things that were not okay. He was even almost draconian at some points, but, you know, he was focused on what he wanted to do, Just like Bola Tinubu today appears to be very strong-minded, very focused, and determined to pull this through.
It’s going to be a couple of years of pain and hardship, but he’s doing what other presidents for the last 10, 20 years have refused to do. The choice he had was to run and was to come into governance and just continue business as usual. By the time he came to the government, 98% of our revenue generated was being used to pay debt
Arbitrage on the foreign exchange was at an alarming rate. We were subsidising power, subsidising hype, subsidising virtually everything. We have over-borrowed and we are now going back to the nefarious and condemnable, financially undisciplined act of printing currency. We printed more than 21 trillion. Nobody can continue like that. If we continue like that, we will become a totally devastating, failed state by now.
So, we should commend him, support him, pray for him, cooperate with him, and endure the hardship for this short period and wait for the results. The opposition is running helter-skelter, talking about all sorts of things.
The real opposition are Abubakar Atiku and maybe Peter Obi. In the first instance, the opposition appears to be unrealistic, saying the presidency was stolen. There’s nothing like that. No presidency was stolen. I’m not saying there was no rigging.
There was no election that we have done in Nigeria since 1960 to date that was not rigged, not one maybe Abiola’s election because of the unique nature of the voting pattern. You know it was Option A4 people were counted, apart from that every other election was rigged.
We were in this country when a sitting president (Umar Yar’adua) said the process that brought him into power was flawed. That was when he put up that Alias committee.
He confessed that it was flawed. I was involved in the process that brought Obasanjo. I was involved in the process that brought Yaradua
I was involved in the process that brought G.E.J. I knew about what brought in Buhari. All without exception were flawed. All.
So, talking about rigging, that’s not the issue. But you see, you only rig where you are strong. So, if you look at it properly, when three major candidates emerged for that election, it was obvious that we will have a minority administration.
Obi was substantially supported by the Southeast. And if the Labour Party or Obi, think that people rigged, APC rigged, how did Obi win the heartland of Bola Tinbubu? Why didn’t Bola Tinubu rig Lagos for himself? Why? If Obi said or the Labour Party said APC rigged the election, how come Obi was able to win the home base of Bola Tinubu? How come APC lost the election in the home base of a sitting president? How come APC lost the election in the home base of the Secretary to that government? The accusation about rigging does not hold water at all. It doesn’t hold water.
The truth of the matter is that under the best of conditions, the results we got may not have been the exact results but they will have that ratio. I was in a Labour party. We couldn’t have done better than we did. I knew that for other reasons, but that’s a discussion for another day.
And in any case, you know, when you look at it today, critically, Bola Tinubu has come into this government with better policy documentation than any of these two rivals by far.
Atiku is a magnificent, experienced, knowledgeable, and thoroughbred politician. I am telling you that I knew that for a fact. He also came with a testament, all right, that, you know, could hold sway, a testament which would have been, if he won, would have been binding on him to Nigeria.
But when we put the testament side by side, which is the correct reality we have on the ground today, it’s not applicable. The testament, the documents, and his preparation were hinged mainly on obtaining some funds, $10 billion and $15 billion or so.
They had that $15 billion and $5 billion, you know, loans, which they intend to inject into the economy and they sort a couple of things out.
That was theoretical. Because by the time Buhari was leaving, nobody was going to borrow Nigeria money Again. If people were ready to borrow Nigerian money, Buhari would not have had to go and print money. We were no longer credit worthy by the majority of the international financial institutions.
The premises and the pillars which Atiku placed this testament on are what you call sinking sand, they can’t work.
As for Peter Obi, Peter Obi has not given any documents to Nigerians as to what he was going to do. I can tell you for a fact.
I’ve admitted Atiku’s own but in the Labour Party, we did not have a document that we could adopt as our panacea for what was going on. All we were saying was that we want to take Nigeria from consumption to production. Good rhetorics but it’s not grounded either in policy development or in principle application.
I never supported Bola Tinubu, he’s not my person. He’s not; we’re not in the same party.
But in retrospect now, his reform, I mean, his agenda, his agenda that he brought, the Renewable Hope Agenda is the most credible document that can address and is addressing the current situation. And as you can see, it is being meticulously applied.
First of all, when he came, he came and removed the subsidy, and not removed the subsidy, but announced that the subsidy was removed because Buhari had already removed the subsidy. From June 1st, there was no subsidy provision in the project. So, the statement that the subsidy was gone was just an acceptable confirmation of an event that had happened. This was superfluous, but the subsidy was actually removed.
Next, he attacked the arbitrage in the foreign exchange section. And this is what I bring Bola Tinubu and his government for. Unknown to many Nigerians, I mean, people were feeding fat on foreign exchange earnings.
There were people who didn’t do any job. They just used contacts in the CBN, and collected one million dollars every week and got the difference, and made stupendous wealth. All that has gone, this man has stopped it.
After that, I mean, see, he has now implemented the student loan program. After that, he implemented this consumer protection thing, providing money for low-income earners and all that, in a systematic manner.
Monies that were being owed over seven billion dollars, that were being owed and were going to cripple so many things, the criminal activities in the country, they paid them off. The ways and means of 21 trillion naira that was a deficit have also been neutralised.
And you say that the man does not have a plan! Now, you know, two months after coming to government, he put up a committee to look into the tax reforms for the country, which was in his agenda before he came. So, this man has the systematic, reliable, focused, applicable agenda that can take Nigeria out of the woods.
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society
You Are More Successful Than You Think” By Prudent Ludidi
Published
2 days agoon
November 20, 2024“You Are More Successful Than You Think” By Prudent Ludidi
There’s the truth that I believe has the power to transform your life. A truth that can shift your perspective, boost your confidence, and propel you forward. That truth is: you are more successful than you think.
We often measure success by external standards. We compare ourselves to others, focusing on their achievements and accomplishments. We forget that success is a personal journey, unique to each of us.
You see, success isn’t just about achieving grand goals or reaching milestones. Success is about progress, growth, and perseverance. It’s about showing up every day, putting in the work, and striving to be better.
Think about it. You wake up every morning, ready to face another day. You tackle challenges, overcome obstacles, and push through difficulties. You learn, adapt, and evolve. That’s success.
You’ve made it through tough times, difficult conversations, and uncertain situations. You’ve navigated uncharted territories, taken risks, and stepped outside your comfort zone. That’s success.
You’ve built relationships, formed connections, and touched lives. You’ve made a difference, no matter how small it may seem. That’s success.
But often, we downplay our achievements. We dismiss our progress, focusing on what’s still to be done. We compare our behind-the-scenes moments to everyone else’s highlight reels.
Stop doing that.
Recognize your strengths, accomplishments, and resilience. Acknowledge the late nights, early mornings, and endless efforts. Celebrate your small wins, because they add up.
You are more successful than you think.
Your success may not look like anyone else’s. It may not be flashy or Instagram-worthy. But it’s yours, and that makes it remarkable.
Don’t wait for external validation to confirm your worth. You are enough. You are worthy. You are successful.
In conclusion, remember that success is a journey, not a destination. It’s the accumulation of small victories, lessons learned, and growth experienced.
You are more successful than you think. Believe it. Own it! Celebrate it!
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Ilaje Progressive Summit Group Congratulates Governor Lucky Aiyedatiwa on Election Victory
Published
2 days agoon
November 20, 2024Ilaje Progressive Summit Group Congratulates Governor Lucky Aiyedatiwa on Election Victory
As governor elect of ondo state, Lucky Ayedatiwa continue to receive congratutory messages from well wishers, businesses stakeholders, political leaders, groups, associations, religious leaders, and the likes, Ilaje Progressive Summit Group, has also deem it fit to congratulate his Excellency for the election success of November, 16, 2024.
The group leader under the leadership of it’s executive administrator, Hon.( Prince) Aiyetoba Emmanuel has shown his excitement over the election success.
In his word, “Your Excellency sir, Mr. Governor, please accept our warmest congratulations on your well deserved victory and our best wishes for your success as you prepare to take up the responsibility and challenges of your high office.As you embark upon your new responsibilities, we assure you and the people of the sunshine state of the continued friendship and sympathetic interest of the Ondo state Government and the people.
He added” we look forward to working with you, not only to develop closer relations between our states but also to concert our efforts in the cause of peace and make Ondo state great in the comity of states”
Ilaje Progressive Summit Group is a group that cut across the 12 Wards in Ilaje Local Government and the group were fully respected by members found in each wards of Ilaje and they all delivered the wards to APC with large margins in the just concluded
Governorship Election.
Please Mr Governor Sir, accept our warm congratulations on your well deserved victory and our best wishes for your success as you prepare to take up the responsibilities and challenges of your high office.
As you embark upon your new responsibilities, we wish to assure you and the people of the Sunshine State of the continued friendship and sympathetic interest of the Ondo State Government and the people.
We look forward to working with you not only to develop closer relations between our State but also to concert our efforts in the cause of peace and make Ondo State great in the comity of States.
Since the creation of Ondo state on 3rd February, 1976, no governor won all the 18 LGA in any governorship election.
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