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Group seeks revocation of Post-conviction controversial bail granted Senator Akpan

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President Muhammadu Buhari and the National Judicial Council should order investigation into a “controversial bail” granted to Senator Bassey Albert Akpan (YPP – Akwa Ibom North-East) after being convicted for fraud, a Civil Society Organization (CSO) has said

The Senator was sentenced to seven years imprisonment on each of the six-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC) by a Federal High Court sitting in Uyo on December 1, 2022

The Co-Convener of the CSO, Professionals for Integrity and Good Governance, Mr. Morris Alozie, made the call at a press conference in Abuja.

The text of the press conference was titled: “The release of Senator Albert Bassey from prison: A ridicule of Nigerian legal system and a call for revocation of his bail.”

Alozie in his presentation described the bail as a setback for the fight against corruption in the country if allowed to stay.

He insisted that even though Akpan was allegedly granted bail on the basis of ill health, he has continued to engage in hectic and physically exacting political activities and sports thereby making the reason for his bail highly suspicious and questionable.

He said: “We therefore: Call on President Muhammadu Buhari to cause an investigation into the circumstances leading to the
removal of Senator Bassey from Ikot Ekpene Custodial Centre to a hospital in total disregard to the provisions of the law, an act that derails his fight against corruption, and bring to book the perpetrators of this dastardly act.

“Call on the National Judicial Council to cause investigation to be carried out on Hon. Justice S. I. Mark for granting bail to Senator Bassey on legally untenable and suspicious grounds.

“Call on the Attorney General of the Federation and the Chairman of the Economic and Financial Crimes Commission (EFCC) to commence in earnest the process of appealing against the decision releasing Senator Bassey forthwith in accordance with the avowed stance of the present government against corruption.

“Since Senator Bassey is fit to play golf, he is also fit to remain in prison, a more relaxing and resting place, for an egregious crime of money laundering he committed.

“Allowing Senator Bassey to work scot-free paints our legal system in bad light and gives an impression that there is no consequence for bad behaviour especially after the court has found the person guilty.”

He noted that after the conviction, Akpan was taken to the Ikot Ekpene Custodial Centre, to serve his prison term.

Alozie added: “The development was lauded by fair-minded individuals in the society as it marked a quantum leap in the fight against corruption.

“Disturbingly, after the conviction, Senator Bassey only spent few days at a Custodial Centre as he was moved to hospital by prison officials in controversial circumstances and in total disregard of the conditions set in section 25(1) of the Nigerian Correctional Service Act, 2022, which requires that before an inmate is removed to a hospital, such an inmate must be seriously ill, a medical officer of the centre must certify to the ill-health, and there is no suitable accommodation at the Centre.

“Senator Bassey was not seriously ill, the Centre’s medical Officer did not certify his purported ill-health and Ikot Ekpene Custodial Centre, which is regarded as one of the best prison facilities in West Africa, has a suitable accommodation.

“Furthermore, the senator rushed to the Federal High Court, Port Harcourt Judicial Division, even though he was convicted at the Uyo Division and sought for bail on the excuse that he has been battling with longstanding ailments (hypertension and diabetes) for 14 years.

“Questionably, the court presided by Hon. Justice S. I. Mark granted Senator Bassey bail contrary to judicial decisions of superior courts against granting of bail in such circumstance(s).

“Just few days ago, the apex court, the Supreme Court, refused granting post-conviction bail to Senator Peter Nwaoboshi jailed for two-count charge of fraud despite his persistence, a further indication of the error in Justice Mark’s decision to grant Senator Bassey bail.

“The rapidity and swiftness at which the court granted the bail application is alarming and suspicious.

“It took a span of 8 working days for the application to be filed, served on parties, argued, heard and determined by the court.

“The bail application was filed on the 16/12/2022 and ruling delivered on the 28/12/2022. Very uncommon!

“We state unequivocally that the medical excuse deployed to grant Senator Bassey bail is untenable at law.

“Many inmates in different Custodial Centres in Nigeria are suffering from some ailments that are more debilitating than that of Senator Bassey, but they have not been granted bail, let alone their bail applications being heard.

“Many sick inmates in critical conditions have been refused bail by the court, especially after their conviction, given that conviction depletes the veil of innocence generally conferred on a defendant or accused person before conviction by the Constitution.

“The release of Senator Bassey from prison once again brings to the fore the two ambiguous legal systems we operate in Nigeria: one, which serves the rich, high and mighty, and the other, which disservices the poor.

“It questions the very foundation of our legal system which the Constitution stipulates that it is hinged on social justice and rule of law.

“Where is social justice and rule of law when a similar application for bail would be refused from one party but granted in the case of another party?

“It will probably be fitting to nickname our nature of legal system ‘a game of law’ since set down rules and standards no longer matter.

“The premise for which Senator Bassey was granted bail was ill-health. After his release, one would have expected Senator Bassey to be resting or in the hospital.

“Alas, the reverse is the case. Since his release, he has been going about his normal businesses.

“He has been playing golf, attending political meetings, addressing supporters (physically and virtually), and engaging in other functions.

“Specifically on January 2, 2023, he played a round of 18 holes of golf at Ibom Golf Course accompanied by more than 13 mobile police men who made sure no one could take a photograph of the convict.

“Pointedly, just yesterday (Sunday, 29, January, 2023), Senator Bassey attended and actively participated in the Akwa Ibom State Governorship Live Debate on television, which lasted for over two hours. This is a supposedly sick person who was granted bail because of ill-health.

“Assuming without conceding that granting bail to Senator Bassey was justifiable, the basis for which he was granted bail no longer exist.

“He is well and whole at the moment. It takes a healthy person to engage in leisure, play golf, participate in debate, etc.

“On the other hand, rest is the best antidote to any sickness, and prison is the best place for rest, relaxation and idleness. If Senator Bassey is sick, prison is the best avenue for him to rest.

“The release of Senator Bassey ridicules our legal system in the eyes of the international community and massively derails the fight against corruption, which is the mainstay of President Buhari’s administration.”
In a reaction from Akpan’s media aide, Victor Essik
Kindly ignore the group. They are idle political jobbers who should be concerned about the massive unemployment and unconscionable debt burden Udom government is leaving behind.

Senator Akpan was duly granted bail by a competent court of law on health grounds, and since then he has been attended to by his doctors. He has never attended a political campaigns as his wife and his campaign organisation, Akwa Ubok Abasi Campaign have been embarking on campaigns while his doctors have been attending to him.

The group’s action is a panic call given the fact that the governor’s stooge, Umo Eno, continue to loose credibility and support of the people given many legal hurdles and moral crises hanging on his neck.

Senator Albert only participated in the recent debate governorship candidate online from his house on doctor’s instructions, so he is not breaching any conditions for his bail.

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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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