Tinubu pledges comprehensive overhaul of criminal justice reform

President Bola Tinubu has reaffirmed his administration’s unwavering dedication to implementing an extensive revamp of the criminal justice system. This commitment was expressed as he met with the leadership of the Nigerian Bar Association (NBA), headed by its president, Yakubu Maikyau (SAN), at the Presidential Villa in Abuja on Thursday. In a statement released on Friday by Ajuri Ngelale, Special Adviser to the President on Media and Publicity, it was disclosed that President Tinubu emphasized the importance of reevaluating the compensation provided to judicial officers across the nation, especially in the context of the ongoing battle against corruption. The President recognized that addressing this issue requires careful consideration of both salaries and allowances, drawing from his significant achievements in reforming the justice and administration sectors during his tenure as the governor of Lagos State. “We cannot truly combat corruption within the Judiciary without addressing the revision of remuneration. We will assess the costs and consequences of this endeavour,” President Tinubu responded to a request made by the NBA president. Furthermore, President Tinubu acknowledged the necessity of resolving existing vacancies within the Supreme Court. He stressed that these obligations must be met in accordance with recommendations from the National Judicial Council, stating, “Once the majority of them return from their current vacation, we will thoroughly evaluate their recommendations and proceed to fill the vacancies. This is an essential obligation we intend to fulfill.” The President expressed gratitude for the invitation extended by the NBA to inaugurate the association’s 63rd Annual General Conference (AGC), scheduled to take place in Abuja from August 25 to September 1. He expressed satisfaction in having legal experts as close advisors, including Chief of Staff Femi Gbajabiamila, State Chief of Protocol Victor Adeleke, and his Principal Private Secretary, Prince Damilotun Aderemi. In his remarks, the NBA president lauded President Tinubu for appointing esteemed members of the bar to his cabinet, specifically highlighting Lateef Fagbemi, the Attorney-General of the Federation and Minister of Justice. The upcoming annual NBA conference, themed “Getting It Right, Charting the Course for Nigeria’s Nation Building,” will convene legal professionals, experts, and stakeholders to engage in discussions concerning critical issues pertaining to Nigeria’s national development.

Lamido’s N712m Money Laundering Case: HEDA hails EFCC’s appeal

Anti-corrupt group, Human and Environmental Development Agenda (HEDA Resource Centre) has commended the Economic and Financial Crimes Commission (EFCC) on its appeal of the recent judgment of the Court of Appeal, Abuja judicial division. The Court discharged the former Governor of Jigawa State, Alh. Sule Lamido and his two sons, Aminu and Mustapha Lamido of corruption and money laundering charges on the grounds that the prosecution had filed the charge at the wrong judicial division of the Federal High Court. Earlier, the EFCC had charged the former Governor and his two sons with money laundering offenses at the Abuja judicial division. After presenting six witnesses, the anti-graft agency closed its case, and the defendants subsequently filed a no-case submission. However, Justice Ojukwu of the Federal High Court dismissed the no-case submission, ruling that the defendants had a case to answer. Dissatisfied with the ruling, the defendants decided to appeal to the Court of Appeal. A panel of three jurists, led by Hon. Justice Adamu Waziri, reviewed the case and concluded that the money laundering charge should have been filed in Jigawa State, where the alleged offenses were committed. Based on this finding, the Court of Appeal discharged the defendants. In response to the judgment, HEDA Resource Centre’s Chairman, Olanrewaju Suraju, expressed concerns, citing a precedent set by the Supreme Court in the case of Dele Belgore. In the Belgore case, the Supreme Court also overturned a no-case submission ruling by the Federal High Court. However, unlike the Lamido case, the Supreme Court ordered the case to be re-filed and prosecuted in the appropriate judicial division, which was Kwara State. Suraju also highlighted another relevant case, that of Senator Orji Uzor Kalu & Ors, wherein the Supreme Court overturned the judgment of the Federal High Court due to jurisdictional issues. In that case, the Supreme Court ordered a re-trial of the defendants, instead of discharging them. He stressed that an appellant whose appeal is based on an application or an interlocutory appeal, and not on the final judgment of the trial court, should not be discharged by the appellate court. Such discharges could set a wrong precedent, suggesting that technical errors may lead to acquittal. Suraju therefore called on the EFCC, as the prosecutor, to pursue further appeal at the Supreme Court. He emphasized that Nigerians cannot afford a precedent that fails to ensure consequences for money laundering, corruption, and misappropriation of public funds. The EFCC’s response and the potential implications of further appeal will be closely watched, as the case involves high-profile individuals and raises important questions about the judicial process surrounding corruption cases in Nigeria.

Alleged N805m fraud: Supreme Court frees Nwaoboshi

The Supreme Court, Friday, nullified the conviction of Senator Peter Nwaoboshi who represents Delta North, and his sentencing to seven years imprisonment for offences of fraud and money laundering. The apex court also ordered his immediate release from Ikoyi Prison in Lagos, where he is currently being held. The Economic and Financial Crime Commission (EFCC) had accused Nwaoboshi and his companies of illegally acquiring a property named Guinea House on Marine Road, in Apapa, Lagos, for N805 million, the property said to belong to the Delta State Govt. Delivering Judgement, the Court also freed the two companies-Golden Touch Construction Project Ltd and Suiming Electrical Ltd – tried with him on a two-count charge brought against them by the Prosecution agency. In a split judgement of four-to-one, the Supreme Court set aside the July 1, 2022 judgment of the Court of Appeal, Lagos, which had reversed their discharge and acquittal by a Federal High Court in Lagos. In a lead judgment by Justice Emmanuel Agim, the apex court  held that Nwaobishi and the two companies were unjustly and maliciously prosecuted by the EFCC for committing no offences known to law, and  subjected them to  criminal trial in relation civil transaction, needlessly. They had claimed that part of the money paid for the property was transferred by Suiming Electrical Ltd on behalf of Nwaoboshi and Golden Touch Construction Project Ltd, adding the funds are believed to be proceeds of their illicit activities.

Auctioning of FG’s Properties: Reps to probe NPA, NIMASA, others

The House of Representatives has resolved to probe what it regards as the illegal auctioning of Federal Government properties by the Nigeria Ports Authority (NPA) and the Nigeria Maritime Administration and Safety Agency (NIMASA). Others agencies allegedly involved are: the Nigeria Railway Corporation (NRC) River Basin Development Authority (RBDA) and Nigeria Customs Service (NCS) This is sequel to the adoption of a motion moved by Rep. Oluwole Oke (PDP-Osun) during plenary on Thursday in Abuja. In his motion, Oke said the procedure for the disposal and auctioning of government assets in Nigeria was well spelled out in Financial Regulations, 2009 and Public Procurement Act 2007 among others. Oke said the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that all revenues realised from the disposal or auctioning of public property be remitted into the Consolidated Revenue Fund. He alleged that NPA, NIMASA, NRC, NCS and others RBDA had been auctioning public property not only at a ridiculous price but also without following due process. He advanced that partial remittance or non-remittance of revenue realised from the auctioning of public property into consolidated revenue fund was a breach of the constitution. He expressed concerned that if the practice continued, coupled with dwindling crude oil revenue in Nigeria, the government might not cope with the rising demand for accelerated infrastructure Following his submission, the House thereafter resolved to set up an ad hoc committee to investigate the disposal of public property by the affected agencies. This, according to the House, would cover the period between 2010 and 2022 with a view to establishing the extent of the alleged illegal auctioning of public property and the non-remittance of revenue realised into the consolidated revenue purse. The committee would report to the House within four weeks for further legislative action.