Court to continue Bello’s trial despite pending appeal

Yahaya Bello Pays N497m WAEC Fees For 15,033 Students

By Vivian Michael The Federal High Court, Abuja, has refused to stay proceedings on the Federal Government case brought against the former governor of Kogi State, Yahaya Bello. Justice Emeka Nwite in his ruling held that proceedings on the alleged money laundering case instituted by the Economic and Financial Crimes Commission (EFCC) will continue September 25, despite the appeal filed by the defendant. At the resumed trial, Wednesday, counsel to the Defendant, Abdulwahab Mohammed, SAN, told the court that they had filed an application for stay of proceedings on the case, pending the determination of the appeal pending before the Court of Appeal on an arrest warrant. He submitted, “Your lordship is functus officio. Heavens will not fall if the court stayed proceedings awaiting the outcome of the Court of Appeal. “We are relying on the provision of the Constitution which overrides the EFCC Act which the prosecution is relying on”. Responding, counsel to the EFCC, Kemi Pinhero, SAN, opposed the application. He maintained that the defendant had not shown any Court of Appeal document showing that the court wants the lower court to stay proceeding. At that point, the trial Judge, Justice Emeka Nwite asked whether, having received the application and affidavit, and being aware of the pending appeal, it would not amount to judicial rascality for his court to continue proceedings on the matter. “Won’t it amount to judicial rascality to continue this case when there’s an issue of jurisdiction?” The judge further asked. But the prosecution Counsel, Pinheiro, SAN, said, “it is not really an issue of jurisdiction”, adding that, mere filing of an affidavit could not suffice as the case was not a civil case and urged the court to stick to the matter of the day, which was the ruling on the arguments presented on June 27. However, counsel to Bello told the court that the Judge was misled on the 27th of June and that the request was for the proceedings of that day to be expunged. “They are asking your lordship to undo the work of the Court of Appeal. To avoid controversy and in order not to render the appeal nugatory, this should not continue. Even if Yahaya Bello were to be here, you cannot arraign him,” he argued. “The Affidavit filed on 16th July 2024, is to bring to your lordship’s attention the notices of appeal filed against your lordship’s ruling on 23rd April and 10th May. This appeal was transmitted to the Court of Appeal on 23rd of May and appellant’s brief of argument was filed on the 31st of May. Motion for stay has also been filed at the Court of Appeal. The two appeals basically challenge the jurisdiction of this court to entertain the charges ab initio. “We urge your lordship to expunge the record of the proceedings on 27th June because at that time, an appeal had been entered and the proceedings should not have happened. The court was functus officio,” Abdulwahab argued. According to him, the court insisting on hearing the matter would bring the court into conflict with the Court of Appeal. Reacting, EFCC stated that one of the appeals sought to have his Lordship stay further proceedings until the determination of the appeal. He, however, noted that the judge was bound by his own rulings and, therefore, had the discretion to determine whether to proceed or not, noting that the first authority that the Defendant’s Counsel cited was a 1999 case that predated the EFCC Act 2004. “This same position was canvassed on behalf of Mustapha, SAN in 2016 case, Mustapha v FRN, and the court held that proceedings can only be stayed where there is a Court of Appeal order to that effect and they relied on Section 306 of ACJA. In Chukwuma v IGP, a 2018 case, the court held something similar,” he submitted. Responding on point of law, Abdulwahab said, “We have two notices of appeal – one is on mixed law and fact and the other is on jurisdiction. The authorities he has cited are different from jurisdiction. Chukwuma v IGP is on admissibility of document and not jurisdiction. “In Chief Cletus Ibeto v FRN, which is an ongoing criminal appeal, all the facts are on all fours with the recent case. The lower court stayed proceedings because of the issue of Jurisdiction and now the argument at the court of appeal is on Section 306. That is how it is supposed to be.” In his ruling, Justice Nwite said, “The grant of stay of proceedings is at the court’s discretion, and since it is an issue of discretion no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially.” However, the judge, who had asked before going on recess, whether it will not amount to judicial rascality to continue the case when there was an issue of jurisdiction, changed his position and noted that the defendant wanted to use the appeal to delay proceedings. Justice Nwite maintained that there have been previous Court of Appeal judgments on such matters. He also granted the application for withdrawal of the Defendant’s Counsel, Adeola Adedipe, SAN, from the case and referred the matter of professional misconduct by the two Defendants’ counsel to the Legal Practitioners Disciplinary Committee (LPDC) to conduct investigation on possible infractions. Justice Nwite said, having stated the law, “the question is whether there was an undertaking by Abdulwahab and Adedipe, SAN, which was breached to amount to contempt of court.” Meanwhile, the matter has been adjourned to September 25, for Bello’s arraignment.

Yahaya Bello’s lawyer applies to withdraw from case

A Senior Advocate of Nigeria, SAN, Adeola Adedipe, on Thursday, applied to the Federal High Court in Abuja to withdraw his appearance for the immediate past Governor of Kogi State, Alhaji Yahaya Bello. Bello is facing a 19-count charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion. Following his absence in court for his scheduled arraignment, the Economic and Financial Crimes Commission, EFCC, urged the trial judge to dock his lawyers for failing to fulfil an undertaking they made to ensure his availability for trial. Lead counsel for the EFCC, Mr. Kemi Pinhero, SAN, prayed the court to punish the two senior lawyers that always represented the former governor, insisting that they have breached the rules of professional conduct. Pinhero, SAN, argued that Order 31(3) of Rules of Professional Conduct for legal practitioners stipulated that any lawyer that failed to comply with an undertaking he made before a court, aside from being in contempt, is automatically guilty of misconduct. “My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with him summarily, that is what the law says. “We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary. “If a Chief Justice of Nigeria can be docked before an inferior tribunal, who then is an SAN or a former governor in terms of status? “Even a former President of the United States of America was docked. These senior lawyers have been helping the defendant to treat this court with scorn. “For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment. “If this sort of conduct is not punished, then we will be sliding to a situation that will be worse than the Animal Farm. “The world is watching. Punishing these senior lawyers will send a very clear message,” EFCC’s lawyer added. Responding, Adedipe, SAN, told the court that he was not Bello’s lead counsel, even as he denied making any undertaking to secure his presence for the trial. “My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter. “What the learned prosecution counsel has tried to do was to pitch my person against this court,” Adedipe, SAN, insisted. He argued that it was the EFCC that treated the court with disrespect as it failed to execute the warrant it obtained for the arrest of the defendant. Adedipe, SAN, said his team had earlier notified the court that it was not aware of the whereabouts of the former governor. He said in the light of the turn the case had taken, he had no option than to activate the provision of section 349(8) of ACJA, 2015, by withdrawing his appearance for the defendant. However, the EFCC, through its counsel, maintained that it was late for the defence lawyer to pull out of the case. “My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court. “I urge your lordship to invite him to the dock immediately,” the prosecution counsel submitted. Trial Justice Emeka Nwite is yet to rule on the matter.

Alleged N80bn fraud: Again, Bello absent in court …wants case transfer to Kogi

The embattled former governor of Kogi State, Yahaya Bello, has failed to appeared in court as he wants he case transfered to Kogi State. At the resumed proceeding in the matter Thursdays, Bello, failed to appear before the Federal High Court in Abuja to enter his plea to the charge against him. The embattled Bello, is facing a 19-count charge before the federal high court, raised against him by the Economic and Financial Crimes Commission(EFCC). In a letter to the Chief Judge through his team of lawyers led by Mr. Abdulwahab Mohammed, SAN, maintained that only Lokoja Division of the high court has the territorial jurisdiction to entertain the allegations levelled against him. Counsel to Bello, Mr. Adeola Adedipe, SAN, brought the attention of trial Justice Emeka Nwite to the letter his client wrote to the CJ. He said, “My lord, after the proceedings of the last adjourned date, I went back and gave a report of what happened in court to our team. “However, I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the Federal High Court requesting in substance, that this matter be administratively transfered to the Federal High Court, Lokoja Judicial Division, which we believe have territorial jurisdiction to handle this matter. “That letter was received at the Chief Judge’s Chambers and the office of the of honourable CJ wrote the prosecution team through Mr. Iseoluwa Rotimi Oyedepo, SAN, on June 13, notifying him that administrative steps has been activated, whereof he was directed to provide a response to the request for transfer of the matter. “My lord, as of this morning, I am not aware whether there has been a response by the prosecution team in compliance to the directive of the CJ. “We are also not in receipt of any decision that has been made on this request by the CJ. “I am also aware that this administrative directive of the CJ has been formally communicated to this court. “We have filed an affidavit wherein we attached two documents referencing the details that I have just highlighted. “My duty is first to the court. As of the moment, I am not urging anything from the court, but just to present the facts as they were,” Adedipe, SAN, added. On his part, the EFCC, through its counsel, Mr. Kemi Pinhero, SAN, urged the court to compel the defence lawyer to explain why the defendant was not in court, despite an undertaking he made on June 13 to ensure his presence in court for arraignment. He prayed the court to dismiss “the story of the defence lawyer as dilatory and a further attempt to treat this court with scorn.” The EFCC counsel argued that the letter to the CJ did not discharge the undertaking that were made by the senior lawyers representing the defendant. Pinhero, SAN, further argued that even where a petition is forwarded against a judge to the National Judicial Council, NJC, it does not stop proceedings on cases pending before the judge. Consequently, he applied for the court to invite the two senior lawyers representing the former governor to show cause why they should not be dealt with for contemptuous conduct. Bello, who piloted affairs of Kogi state for eight years, is facing a charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion. EFCC alleged that the former governor, alongside his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, were complicit in money laundering. Also the defendant briefed his lawyers to file an application to set aside an arrest warrant that was issued against him on April 17, as well as to challenge the jurisdiction of the court to try him. He insisted that the EFCC acted in breach of a subsisting judgement of a High Court in Kogi State when it entered the charge against him and also applied for a bench warrant to be issued for his arrest.

Lawyer drags First Bank before CBN over alleged N550m fraud

A civil society organisation, Centre For Social and Economic Justice, has dragged First Bank of Nigeria before the Central Bank of Nigeria, CBN, over allegation of funds diversion to the tune of N550million. The centre called on the CBN to revoke the license of First Bank of Nigeria for unsafe practices, and adding customer’s funds are supposed to be safe with the bank. According to a letter dated May 29, 2024, the director of the centre, Barrister U. I. Mohammed said a customer of the Bank, Dr. Agbai Eke Agbai, who has been a dedicated and resourceful customer of the First Bank of Nigeria Ltd “First Bank” with Fixed Deposit Account numbers – 6924010002639 and 5021000788976 whose funds amount to the tune of ₦ 550,000,000.00 was illegally diverted, misappropriated and fraudulently taken by the bank. A copy of the letter received at the Security Services Department of the CBN, which was also sent to First Bank, said a staff of the bank, Mrs. Shamlar Abosi, who is supposed to be the account officer of Dr Agbai, illegally tampered with her client’s account. Parts of the petition titled, “PETITION AGAINST FIRST BANK OF NIGERIA FOR FRAUD, DIVERSION AND MISAPROPRIATION OF FUNDS BELONGING TO DR. AGBAI EKE AGBAI” read, “In 2014, Mrs. Shamlar Abosi, a staff of First Bank, approached DR. AGBAI EKE AGBAI to deposit funds in First Bank for a Return on Investment, DR. AGBAI EKE AGBAI after listening to the advice of Mrs. Shamlar Abosi accepted to deposit funds in the bank for an agreed interest rate. “Fixed Deposit Accounts were subsequently opened for DR. AGBAI EKE AGBAI with the above-mentioned account numbers. The sum of ₦ 300,000,000.00 (Three Hundred Million Naira) only was deposited in Account number-6924010002639 which took effect on the 21st day of February, 2018 with interest rate of 14.5% with 364 days tenor, and the sum of ₦250,000,000.00 (Two Hundred and Fifty Million Naira) only was deposited in Account Number -5021000788976 which took effect on the 19th day of October, 2018 with interest rate of 14.5% with 364days tenor. “After the maturity date of the investment, which is on the 20th of February, 2019, and 18th of October, 2019, respectively, in September 2023, DR. AGBAI EKE AGBAI informed First Bank of his intention not to renew the investment and requested his money to be transferred to his saving account domiciled with the bank with Account number-3079342444 immediately. “Unfortunately, the money requested by DR. AGBAI EKE AGBAI to be transferred to his savings account has not been credited till date after numerous efforts to remind the bank of its failure to carry out the request. “It is also noteworthy and remarkable that Mrs. Shamlar Abosi, who persuaded DR. AGBAI EKE AGBAI into investing in the Bank, who is also the account officer and business manager of the investment, has failed to provide an explanation regarding the money of DR. AGBAI EKE AGBAI.” Barrister Mohammed said it is without doubt that the funds deposited in the Fixed Deposit Account numbers – 6924010002639 and 5021000788976 by Dr Agbai Eke Agbai has been criminally and fraudulently diverted by First Bank without his consent or notice. He said after sending their agent and officer, Mrs. Shamlar Abosi persuaded him to invest in the bank, the Bank has failed to refund the money illegally taken from him despite the numerous pleas, warnings, and notices. “We urge the Central Bank of Nigeria to investigate the fraudulent activities enumerated above, refund the money stolen and illegal diverted by First Bank, and to invoke its powers bestowed on it under Section 12 of the Banks and other Financial Institutions Act, 2020 by revoking the license of First Bank of Nigeria for unsafe practices and other fraudulent dealings”, the centre said.

BREAKING: EFCC declares Yahaya Bello wanted

The Economic and Financial Crimes Commission has declared a former governor of Kogi State, Yahaya Bello, wanted for offences relating to economic and financial crimes. This was contained in a notice posted on the commission’s official Facebook page on Thursday. “The public is hereby notified that YAHAYA ADOZA BELLO (former Governor of Kogi State), whose photograph appears above is wanted by the Economic and Financial Crimes Commission (EFCC) in connection with alleged case of Money Laundering to the tune of N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eighty Nine Naira, Eighty Eight Kobo). Bello, 48-year old Ebiraman, is a native of Okenne Local Government of Kogi State. His last known address is: 9, Benghazi Street, Wuse Zone 4, Abuja. “Anybody with useful information as to his whereabouts should please contact the Commission in its lbadan, Enugu, Kano, Lagos, Gombe, Port Harcourt and Abuja offices or through these numbers 09-9044751-3, 08093322644, 08183322644, 07026350721-3, 0706350724-5; its e-mail address: info@efccnigeria.org or the nearest Police Station and other security agencies, ” a public notice issued by the EFCC read. Yahaya Bello’s response to these allegations remains unknown at this time, as he has yet to issue a public statement regarding the EFCC’s declaration.

Alleged $4.5bn, N2.8bn fraud: Court grants Emefiele N50m bail

An Ikeja high court in Lagos State has granted bail to the embattled former governor of the Central Bank of Nigeria (CBN) Godwin Emefiele, in the sum of N50 million. Ruling on the bail application on Friday, the presiding judge, Rahmon Oshodi, admitted Emefiele on bail with two sureties in like sum. The former CBN governor is facing a trial in Lagos on a 26-count charge bordering on abuse of office. Recall that Justice Oshodi had ordered the remand of the former Central Bank Bank (CBN) Governor, Godwin Emefiele, in the custody of the Economic and Financial Crimes Commission (EFCC). The judge gave the remand order over alleged abuse of office and $5.5 billion and N2.8 billion fraud. The judge ordered that Emefiele’s co-defendant, Henry Isioma-Omoile, should be detained at Ikoyi Custodial Centre. The defendants counsel, Mr A. Labi-Lawal, had in his two bail applications, urged the court to grant the defendants bail on self recognition and on liberal terms pending the determination on the case. Labi-Lawal, in his 31 affidavits, said the first defendant (Emefiele) had complied with the bail application, which was given to him by Justice Muazu in his alleged fraud trial case going on in Abuja. He said the charges were bailable offences and not a capital offence. “Though the first defendant was granted administrative bail by the prosecuting authority. He is seeking bail based on self recognition and he is ready to attend the court. “The court should also take into consideration the status of the first defendant as he was the former CBN governor of the country,” he said. The defence counsel said his client had religiously presented himself before Justice Muazu in Abuja to answer the allegations before him. According to him, the first defendant was not at flight risk, as he was the first person to arrive in court. He also prayed the court to release Emefiele to lawyer, pending the determination of the bail. Emefiele and his co-defendant pleaded not guilty to the 26-count charge bordering on abuse of office, accepting gratification, accepting gifts through agents, corruption, and fraudulent property receipt. The defendants, however, pleaded not guilty, following their arraignment. The EFCC counsel, Mr Rotimi Oyedepo (SAN), did not oppose the bail application moved by the defence counsel. Oyedepo, however, urged the court to exercise its discretion judiciously in granting bail to the defendants.

Alleged N4b fraud: Obiano prays court to quash charges against him

Willie Obiano, the former Anambra State Governor, has asked the Federal High Court in Abuja to quash the N4billion corruption charges brought against him by the federal government. He premised his motion on notice pursuant to provisions of the 1999 Constitution and the Administration of the Criminal Justice Act 2015. The ex-gov argued that there is a subsisting appeal by the Anambra state government challenging the authority of the Economic and Financial Crimes Commission EFCC’s authority to investigate the funds. He argued through his counsel, Onyechi Ikpeazu SAN, that there was no connection between the proof of evidence and the alleged accusation against him. Obiani maintained that there was no testimony from any witness indicating that he issued directives for the disbursement of security votes and other funds belonging to the Anambra state government. He emphasised that the he cannot be held accountable for any alleged unlawful actions by officials of the Anambra state government as there is no concept of vicarious liability in criminal justice system. The former governor is being prosecuted by EFCC on 9- count charges bordering on money laundering to the tune of N40 billion. The anti-graft agency alleged that Obiano bypassed financial institutions in numerous unlawful cash transactions using funds allegedly stolen from the state’s account. The EFCC claimed that the cash amounts involved in the transactions exceeded legally permitted limits. The motion on notice was brought pursuant to section 6 (6) (a) and (b) and section 36(6) (6) b of the 1999 constitution as amended and section 1(1) & (2), 266, 271(b), 383(4) &492 (3) of the Administration of the Criminal Justice Act 2015. Among others, Obiano is seeking “An order of the court quashing the instant charge for it amounts to flagrant abuse of judicial process and a mockery of the criminal Justice “An order quashing the charge for non disclosure of a prime facie case being vague and devoid of precision in respect of all the 9 count charges. “No prima facie case has been disclosed against the defendant in this charge.There is no link between the proof of evidence and the purported allegation made against the defendant in the charge “No evidence exist from any witness showing that the defendant passed down directive for the disbursement of security votes and other funds belonging to Anambra state government. “The defendant cannot be made answerable for any purported unlawful actions of officials of Anambra State government as there is no vicarious liability in our criminal jurisprudence. “The thinking and conclusion of the prosecution on the counts arose from speculation and suspicions “The subject matter of the charge borders on accountability for security vote funds. The honorable court lacks the requisite jurisdiction to entertain issues on accountability for security vote funds “There is an appeal filed by the Anambra state government challenging the powers of EFCC to investigate the security vote of Anambra state government. “The preferment of the entire charge is in bad faith. This honourable court has inherent judicial power to grant all the reliefs sought above. At Thursday’s resumption of trial, Sylvanus Tahir (SAN), counsel for the EFCC, informed the court that he had received the defendant’s motion and had responded accordingly with counter affidavit. However, he said while attempting to serve the defendant’s counsel with his response, he found their gate locked but that he managed to deliver the response in the court room. Responding, Patrick Ekweto (SAN), counsel to Obiano requested time to respond to EFCC’S counter affidavit. In a short ruling, Justice Inyang Ekwo granted the defendant two days to file and serve their process on the EFCC. The matter continues March 13 for the motion to be heard.

Alleged N7.6B fraud: Appeal court strikes out move to retry Gov, Orji Kalu

The Federal Government move to retry the former Abia State Governor, Orji Uzor Kalu, in the N7.6billion fraud and money laundering, had been strike out. Justice Joseph Kayode Oyewole of the Appeal court, court sitting in Abuja dismissed the suit for incompetent and unreliable for any court to use to grant the request of government. Among others, Justice Oyewole said that the record of appeal was not compiled, signed and certified by any person known to law. Specifically, Justice Oyewole said that the name of the person who compiled, signed and certified the record were not reflected as required by law. Recall that a Federal High Court had on December 5, 2019, jailed the former governor now s a senator representing Abia North for 12 years for stealing N7.6billion from the Treasury of Abia State as a governor. However, the supreme court voided the judgement of the lower court on the ground that Justice Mohammed Idris who delivered it was already a Justice of the Court of Appeal having been elevated. The Apex court, in a judgement delivered by Justice Ejembi Ekwo held that Justice Mohammed Idris cannot operate as a Federal High Judge and Justice of the Court of Appeal at the same. Consequently, the Apex court ordered the Chief Judge of the Federal High Court to give the trial to another Judge for a fresh trial. Kalu however went back to the Federal High Court and and Justice Inyang Ekwo granted him an order prohibiting the Economic and Financial Crimes Commission (EFCC) from instituting a fresh prosecution. The Judge held that Orji Uzor Kalu was not expressly stated in the judgment of the Supreme Court. Not satisfied with the decision of Justice Ekwo, the prosecution appeal against the decision of the high court. The matter was Wednesday, dismissed for the failure to produce proper records of proceedings of the high court.

Obi/Abure petition meant to defraud LP of $15m, N12bn -Apapa

Obi/Abure petition meant to defraud LP of $15m, N12bn -Apapa

*Says LP accepts Tribunal ruling Alhaji Lamidi Apapa, the leader of a faction within the Labour Party, has responded to the Presidential Election tribunal’s verdict, alleging that the petition by its presidential candidate, Mr. Peter Obi, was an attempt to defraud the party of substantial funds. Dr. Abayomi Arabambi, the National Publicity Secretary of the Labour Party, conveyed the party’s reaction to the tribunal’s ruling. He expressed disappointment that Peter Obi’s legal team had not provided proper advice before pursuing the case. While the Labour Party accepts the tribunal’s verdict without bias, Arabambi described the entire process as a waste of time. He criticized Peter Obi for failing to fund the party adequately to engage the required polling agents, as well as for filing witnesses outside the stipulated time. Arabambi further claimed that Peter Obi’s motive for going to the tribunal was to justify the money collected during the campaign, suggesting that the funds were corruptly misappropriated. He accused Obi of failing to convince the tribunal of the polling units where he was allegedly rigged out. Arabambi pointed out that the tribunal ruled against Obi and the Labour Party, asserting that they did not sufficiently detail their allegations of corrupt practices and irregularities. The court rejected reports and documents, emphasizing that they were not properly tendered and were already submitted in a previous case. Regarding the requirement of securing 25% of the vote in the Federal Capital Territory (FCT), Arabambi highlighted the tribunal’s stance that Abuja is equal to every other state in Nigeria, and residents do not have special privileges. In conclusion, Arabambi accepted the tribunal’s verdict and expressed the party’s commitment to reevaluating their approach moving forward.