Law

Kogi: How Agbakoba Goofed on EFCC’s power to probe State’s finances, by spokesperson

Published

2 years ago

December 20, 2022

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The Economic and Financial Crimes Commission has reacted to what it has described as indecorous and utterly irresponsible attempt by the Former President of the Nigerian Bar Association (NBA), DrOlisa Agbakoba to dress it in the borrowed garb of a lawless entity and a meddlesome interloper, who has no business probing the stealing of Kogi State resources.

Agbakoba had taken a swipe at the EFCC over what he described as unwarranted media trial of the Kogi State Government as regards the fresh case against a nephew of the Governor and the previous N20 billion bail-out controversy.

Agbakoba, who spoke at a press conference on “The Rule of Law in Nigeria Today”, held in Lagos on Sunday, specifically noted that the EFCC was turning itself into a one-man Robin Hood riot gang, which must not be allowed.

According to him, how a state spends its money should not be the business of the anti-graft agency.

But in a swift reaction through a statement issued by the commission’s head of media and publicity, Wilson Uwujaren, EFCC said the manner in which “Agbakoba delivered his message in the so-called media briefing, he sounded more like a spokesperson of the Kogi State Government than an advocate of the rule of law.”

Nwujaren said it is morally reprehensible for a learned silk of Agbakoba’s calibre to promote the view that state governments cannot be questioned on how they use the resources of their states, and that law enforcement organizations cannot investigate cases of alleged wanton theft of Kogi state’s resources.

“In all his tirades, no evidence was presented to support his claim that the EFCC has been lawless, nor did he mention any law which the Commission’s investigation of the finances of the Kogi State Government violated.

“Instead, his refrain was to a non-extent decision of the Supreme Court which he also failed to electorate upon.

“But it is important to state that contrary to the views of Agbakoba, the Supreme Court at no time delivered any judgement which forbids the EFCC from investigating fraud cases involving a state government. The learned counsel ought to have known that the Apex Court of the land as far back as 2010 in JOLLY TEVORU NYAME V FRN (2010) 11 NWLR (PT.1193)344 held that the ‘claim that the money belongs to Taraba State and that the state has exclusive claim on it to the exclusion of any other authority by virtue of section 120 of the 1999 constitution cannot stand.’

“Furthermore, Agbakoba’s erroneous views ought to be tempered by the decision of the Supreme Court in A.G ONDO STATE v. A.G., FEDERATION (2002) 9 NWLR [pt.772] page 222 at page 308 where the Honourable Court held: ‘It has been pointed out that the provisions of the Act impinge on the cardinal principle of federalism, namely, the requirement of equality and autonomy of the State Government and non-interference with the functions of State Government. This is true, but as seen above, both the Federal and State Government share the power to legislate in order to abolish corruption and abuse of office. If this is a breach of the principle of Federalism, then, I am afraid, it is the Constitution that makes the provisions that have facilitated the breach of the principle. As far as the aberration is supported by the provision of the Constitution, I think it cannot rightly be argued that an illegality has occurred by the failure of the Constitution to adhere to the cardinal principles which are at best ideals to follow or guidance for an ideal situation.’

“Lastly, the learned Silk should also know that his views are totally unsupported by the facts, circumstances of Kogi’s case and the decision of the Court of Appeal in KALU V FRN & (2012) LPELR- 9287 (CA) which decision knocked the bottom out of the contention of Agbakoba.

“From the decisions of the Appellate Court it is clear that whilst the State Assemblies can investigate finances of their states, they are not empowered to investigate and prosecute fraud cases; that responsibility lies with agencies such as the EFCC,” the statement said.

EFCC noted with concern that “had this view been promoted by any other lawyer than Agbakoba who rose to national prominence as advocate of civil liberties and anti-corruption, it would have been pardonable.

“When men who are seen as conscience of the nation begin to approbate and reprobate on an issue, it is almost certain they are driven by motives which could be far from altruistic.

“Despite not being counsel to the Kogi State Government, Agbakoba had no scruples using the media to pontificate on a matter that is currently before a court of competent justification. This, to him, does not amount to a media trial of the EFCC!

“In his game of ostrich, Agbakoba continually harped on Section 46 of the EFCC Act but ignores the provisions of Section 7 of the same Act and various provisions of the Money Laundering Prevention and Prohibition Act, the Advance Fee Fraud Other Fraud Related Offences Act, etc., which gives the Commission power to investigate all fraud cases.

“Why is Agbakoba so jittery about the robust response of the EFCC to corruption that he would openly incite the next administration against the Commission? That essentially was the agenda when he said: ‘So the candidate (2023 election candidates) must tell us what they are going to do with all these agencies because we need to know if they are going to allow the EFCC to continue to engage in media trials and carry on as the attack dog of the Federal Government against other arms and levels of governments.’

“Is the Federal Government of President Muhammadu Buhari against Yahaya Bello Administration of Kogi State? Where does Agbakoba get his logic of attack dogs? What is a media trial, when a case has been filed in court and the defendants have taken their pleas? Should Nigerians have been kept in the dark that a certain nephew of Yahaya Bello is facing a N10billion fraud trial?”

Uwujaren insisted that EFCC is not averse to criticisms but it will not ignore jaundiced views masked as advocacy for rule of law.

“No amount of intimidation and sponsored attacks will deter the Commission from investigating cases of corruption in any level of government, or involving any individual however well placed, until we rid our nation of this monster.”

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Law

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

Published

11 months ago

May 30, 2024

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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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Law

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

Published

1 year ago

April 17, 2024

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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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Law

Court bars Ganduje from parading himself as member of APC

Published

1 year ago

April 17, 2024

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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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