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Abuja lawyer sues EFCC over physical assault

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****As SAN takes up case

An Abuja based constitutional lawyer, Chief Felix Edewor has dragged the Economic and Financial Crimes Commission (EFCC) to court over a physical assault on him by an operative of the commission, Mr. Mohammed Mohammed.

The EFCC official, Mohammed had pounced on Chief Edewor, gave him slaps and blows when he went to the commission to request for the sum of fourteen million naira belonging to the FRCN Headquarters staff cooperative society being held by the agancy.

Counsel to Chief Felix Edewor, Dr. Emeka Obegolu, a senior advocate of Nigeria SAN, in his originating summons said the act by the EFCC and it’s official was an infringement on the fundamental human Rights of the lawyer.

The case has been scheduled for hearing on 7th of March at the High Court of the Federal Capital Territory on the.

In the originating summons, made available to newsmen by Dr. Obegolu SAN, in Abuja, the EFCC and Mr. Mohammed Mohammed are the first and second respondents in the matter.

Dr. Obegolu said the motion is “brought pursuant to section 33 and 34 of the 1999 constitution of the Federal Republic of Nigeria,  FRN as ammeneded, articles 2,3,4 and 5 of the Peoples’ Rights (ratification and enforcement) Act cap AGO vol. 1 laws of the Federation of Nigeria 2011, order 11 Rule 1 of the fundamental rights enforcement procedure) rules, 2009 and under the inherent jurisdiction of this honourable court”

The Senior Advocate is praying the court to declare that “the unprovoked physical and brutal assault unleashed on Chief Edewor in the presence of other persons, by the Mr. Mohammed on the 4th day of October, 2022, in the discharge of his official duties at the EFCC office by slapping him repeatedly and hitting him at the back of his head multiple times leading to severe brain damage that resulted in swollen eye, swollen face and fainting spells, elevated blood pressure and hypertension constitutes a grave violation of the fundamental right of the applicant to life as guaranteed under Section 33 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 2 & 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP AQ) VOL. | Laws of the Federation of Nigeria, 2011”

“A declaration that the unprovoked physical and brutal assault constitutes a grave violation of the fundamental right of the applicant to dignity of his person as guaranteed under Section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 2 & 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAF AQ) VOL. | Laws of the Federation of Nigeria, 2011”

In his letter of complaint to the EFCC directorate of Internal Affairs, Chief Edewor expressed shock that while beating him up, the EFCC operative, Mr. Mohammed said loudly, “this is Nigeria, I can do anything to you and nothing will happen”

Before the assault, Chief Edewor had written a protest letter to the management of EFCC on the 15th of June 2022 which he complained about “the conduct of the Investigation Officer (IO) Mr Mohammed Mohammed via a letter dated 15th June, 2022 and titled “We Remonstrate against manifest bias, coercion, intimidation and abuse of human Right visited on Comrade Victorson Agbenson, the president of the FRCN HQ Cooperative Society Ltd by Mr. Mohammed Mohammed and his team under the Guise of ‘ investigation”.

It was this protest against the alleged  bias and high-handedness of the EFCC operative that provoked his phisical assault on the lawyer, Chief Felix Edewor on the 4th of October 2022.

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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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