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NJC, NBA must rise against disobedience to Court Orders, Judgements

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The National Chairman,
United Patriots (UP), Barrister Chukwudi Ezeobika has challenged the National Judicial Council and the Nigeria Bar Association to rise up to the occasion and ensure complete defence of the Rule of Law in Nigeria.

He also urged the two bodies to use their offices to device mechanisms that will ensure the independence of the judiciary, and the preservation of the sanctity of Court Orders and Judgments.

He was speaking against the backdrop of INEC’s refusal to relist 22 political parties as ordered by the Court of Appeal on 10th of August, 2020 in Appeal No. CA/ABJ/CV/507/2020 between ACD & 21 ORS v. AGF & ANOR.

Ezeobika who is also the Chairman Media Committee Coalition of United Political Parties (CUPP) said
“It has become expedient that the National Judicial Council (NJC) as well as the Nigerian Bar Association (NBA) should, as a matter of urgency, establish an effective mechanism through which institutions of government who disregard and disobey subsisting Orders and Judgments of Courts in Nigeria are sanctioned and brought to account.
“Democratic Institutions Who Flaunt k Orders, Judgements Of Courts Of Competent Jurisdiction through executive recklessness, must Be held to account

“The danger posed to the Rule of Law and democracy in Nigeria has assumed a new and dangerous dimension which has the full potential to disrupt and derail the Nation’s democratic process.

“It is indeed worrisome that many Institutions of government including those who are direct creations of the Law such as the Independent National Electoral Commission (INEC) could seldom choose to disobey and disregard subsisting Orders and Judgements of Courts of competent jurisdiction in Nigeria.

“This conduct appears not only reckless but grossly irresponsible on the part of these democratic institutions who play a key and vital role in preserving and advancing our democratic values and norms.”
Explaining further he said, “In the absence of an Injunction pending appeal, it is legally reprehensible for any individual, group of individuals or an institution of government to consciously choose to disobey and or disregard a subsisting Order or Judgement of a Court.

“It remains inconceivable that the Independent National Electoral Commission under Prof. Mahmood Yakubu could willingly, intentionally and consciously choose to disregard and disobey a subsisting unanimous judgement of the Court of Appeal, delivered by its President, Justice Monica Dongban Mensem on the 10th of August, 2020 in Appeal No. CA/ABJ/CV/507/2020 between ACD & 21 ORS v. AGF & ANOR and still refuses to relist the concerned 22 political parties as ordered by the Court.”
He said, Being a creation of the Constitution of the Federal Republic of Nigeria 1999 (as amended) it is indeed reprehensible for INEC under Prof. Mahmood Yakubu to choose to disregard and vehemently disobey the order that asked the Commission to relist 22 political parties and which the Commission has wilfully disregarded and disobeyed since 10th of August, 2020 without any penalty and or consequence.

“It is important to also note that the said Judgement, being a declaratory judgement, remains subsisting as it has not been set aside by any Order of Court nor any injunction pending appeal obtained howsoever by the Commission against such judgement.

I wish to commend the leadership of the Nigerian Bar Association under Olumide Akpata Esq. for the proactive role the association played in the recent Judicial developments in Ebonyi State and also commend the leadership of National Judicial Council for its resolve to ensure that actions and inactions which amount to an affront on the Judiciary and which tend to undermine the jurisdiction and integrity of the Courts are checked.

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MAMBILLA: Court halts proceedings, adjurns over EFCC’s invalid prosecution witness against Agunloye

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The hearing of the criminal charges against the former Minister of Power and Steel, Dr. Olu Agunloye, which formally began at the FCT Court Thursday, 30 May 2024 before the same Justice Jude Onwuegbuzie was stalled over presentation of invalid prosecution witness by EFCC against Agunloye

EFCC is prosecuting Dr. Agunloye for “awarding in 2003 a $6 billion Build, Operate and Transfer $¾(BOT) contract without cash backing, disobeying oral directives of the President, forging his own letter as a sitting Minister and receiving a retroactive bribe of N3.6 million 16 years after.” To prove its case, EFCC has listed seven witnesses excluding former President Chief Olusegun Obasanjo who had earlier volunteered to testify at the court.

At the court, EFCC presented its first Prosecution Witness (PW1), Mr Adewale as “representative of the Guaranty Trust Bank”. He was brought to discuss the GTBank statement of accounts presented by EFCC. But the moment Mr Adewale disclosed that he was not in the employment of GTBank, the defence lawyers quickly pointed out the aberration to the court which immediately halted the presentation of Mr Adewale. The court promptly stopped the proceedings and adjourned the hearing till Monday, 10 June 2024 to enable the EFCC regularise its Prosecution Witness Number One.

It will be recalled that the former Minister, Dr. Olu. Agunloye, has consistently asserted that he did not commit any crime, and that EFCC is prosecuting him to corroborate FGN’s pleas at the arbitration in France hoping to free FGN from liabilities in the Arbitration even though FGN knows that the issues that led to the international arbitration were caused under Buhari’s APC Government and not by Agunloye. However, Agunloye will have to combat the emergent bias, prejudice, and prejudgment on the part of the trial judge and has to struggle very hard for justice in Nigeria.

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EFCC to arraign Bello on Thursday over alleged N80.2b money laundering

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The Economic and Financial Crimes Commission, (EFCC) has indicated it will on Thursday, April 18, 2024 arraign a former governor of Kogi State,  Yahaya Adoza Bello before a Federal High Court sitting in Abuja.

The antigraft agency said Bello will be arraigned before Justice Emeka Nwite alongside three other suspects,  Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246,470, 088.88
The arraignment is being perfected following a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024. 

Count one of the charges reads: That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity  to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering ( Prohibition) Act, 2011 as amended”.

Count 17 of the charges read: “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable  Court aided E-Traders International Limited to conceal the aggregate sum of  N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.

Count 18  of the charges reads: “That you Yahaya Adoza Bello  sometime in November 2021 in Abuja within the jurisdiction  of this Honourable Court  indirectly procured E-Traders international Limited to transfer  the aggregate sum of $570,330.00( Five Hundred and Seventy Thousand , Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.

“The Commission’s attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance  on Wednesday,  April 17,  2024.  The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who  ensured that the suspect was spirited away in his official vehicle.  
“As a responsible law enforcement agency,  the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18,  2024.

“It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”

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Court bars Ganduje from parading himself as member of APC

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Yhe Kano State High Court has granted an ex parte order restraining the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, from parading himself as a member of the party.

The court ordered that Ganduje must refrain from presiding over all affairs of the National Working Committee of the APC.

The application waa said to have been granted by Justice Usman Na’abba on Tuesday, following an ex parte motion filed by Dr. Ibrahim Sa’ad on behalf of two executive members of Ganduje’s ward, Dawakin-Tofa Local Government Area, the Assistant Secretary, Laminu Sani and Legal Adviser, Haladu Gwanjo (plaintiffs), who were part of the nine ward executives who suspended Ganduje on Monday.

The court directed the four parties (respondents) joined in the matter, including the APC, NWC, APC Kano State Working Committee, and Ganduje, to henceforth, maintain status quo ante belum as of April 15th,2024 pending the hearing and determination of the substantive suit on April 30th 2024

Justice Na’abba, also held as prayed, stopped State Working Committee APC Kano from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by a two-thirds majority of the executives as provided by the party constitution.

The ex parte order read,, “An order is hereby granted directing all parties in the suit APC (first), APC National Working Committee (second), Kano State Working Committee APC (third), Dr. Abdullah Umar Ganduje (fourth), to maintain status quo ante belum as of April 15, 2024.
“The order thereby restraining the first respondent (APC) from recognising the fourth respondent (Ganduje) as a member of APC and prohibiting the fourth respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legally and validly decision of the ward executives of Ganduje ward.

“That the fourth respondent (Ganduje}is prohibited from parading himself as a . member of APC or doing any act that may _ portray him or seem to be a member of APC pending the hearing and determination of the
substantive suit.”

Nine members of the Ganduje ward proclaimed the suspension of the National Chairman of the APC over the allegation of corruption slammed on him by the Kano State Government.

The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of the AP from the National chairman’s polling unit.

in the petition, Adamu complained over allegations of corruption charges against the
former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party and the implication on President Bola Tinubu’s fight against corruption.

Although the chairman and secretary of the ward failed to act on the petition filed en April 8, 2024, nine members of the executives, led by the legal adviser, acted upon the petition, a decision that led to Ganduje’s suspension.

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