Court Order: EFCC Cringes, Produces Godwin Emefiele

The Economic and Financial Crimes Commission (EFCC) in Abuja complied with the High Court of the Federal Capital Territory’s order regarding the case of former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele. After being held in custody by Federal Government security agencies for over 150 days, Emefiele was brought to court in accordance with the order issued by Justice Olukayode Adeniyi. Former CBN Governor Emefiele, dressed in a yellow Babariga and a Hausa cap, entered the courtroom at around 12:30, accompanied by a group of EFCC operatives providing security. Outside the court premises, Emefiele’s friends and relatives eagerly awaited the Judge’s arrival for a hearing in his fundamental human rights case. Justice Adeniyi reaffirmed his order on Monday, which mandated that the detained former CBN governor be brought to court on November 8.  This hearing’s purpose is to consider granting him bail.  The court also emphasized the option for the anti-graft agency to grant bail to Emefiele in accordance with the law on fundamental human rights.

Court Orders EFCC, CBN To Release Ex-NNPC Boss, Andrew Yakubu’s $9.8m Cash

Justice Inyang Ekwo of the Federal High Court sitting in Abuja, on Monday ordered the Economic and Financial Crimes Commission (EFCC) and the Central Bank of Nigeria (CBN) to immediately release the $9.8 million belonging to the former Group Managing Director (GMD) of the Nigerian National Petroleum Company (NNPC), Andrew Yakubu. The anti-graft agency had refused to release the cash they took from Yakubu’s house, despite an earlier judgment ordering the release of the money. The court said the money must be deposited with the Chief Registrar of the court, in the interest of justice. Yakubu had approached the court seeking an order compelling the Economic and Financial Crimes Commission (EFCC) and two other defendants to release his money. Yakubu in April 2023 sued the EFCC, Central Bank of Nigeria and Guaranty Trust Bank for failing to release the money after a court acquitted him of money laundering charges filed against him by the anti-graft agency. Recall that EFCC had urged Justice A.R Mohammed to convict Yakubu after it discovered $9, 772, 800 (9.7 million dollars) and £74, 000 from an apartment linked to him in 2017. In his defense, Ahmed Raji SAN, asked the court to dismiss the EFCC’s case for lacking in merit. Justice A.R Mohammed, on March 31, 2022, had quashed the money laundering charges instituted against Yakubu. Yakubu also testified before the judge that the monies found in his house were gifts from friends and associates. The judge had agreed with the defendant’s submissions; acquitted him and ordered the release of his money. But Yakubu’s lawyer approached another court presided by Justice Inyang Ekwo over the non-release of the money as directed by the other court. By way of originating summons, he had urged the court to order the release of his money or in the alternative, direct that the money be deposited with the FHC registrar pending the determination of the suit. But the EFCC, through its lawyer, Faruk Abdullah, raised an objection to the application, saying appeals have been entered against the subsisting trial court judgment. The EFCC also contended that the court lacked jurisdiction to hear the matter. Passing his judgement on Monday, Justice Inyang Ekwo dismissed the preliminary objection of the EFCC, saying the arguments of the respondents contradicted themselves and called to question the whereabouts of the money. Ekwo held it would be in the interest of justice if the sum is kept in a neutral custody pending the conclusion of proceedings, in line with rules of court. Ekwo held that based on the contradictory arguments of the respondents about on whose custody the money was domiciled, the justice of the case demands that they must produce the money. “The plaintiff has made a compelling case and it succeeds and I so hold. “An order is hereby made directing the first and second defendant to immediately transfer $9.8 million into the account under the control of the Chief Registrar of this court,” the Judge held.

Supreme Court Dismisses APM’s Appeal Against Tinubu

The Supreme Court, Monday, dismissed an appeal by the Allied People’s Movement (APM)seeking to disqualify President Bola Tinubu of the All Progressives Congress.   APM had asked the Supreme Court to hold that the Court of Appeal misconceived the material facts before it, when it struck out its undefended petition against Tinubu’s victory. It prayed the court to hold that the withdrawal of Kabiru Masari from the race by operation of law amounted to automatic withdrawal and invalidation of the candidate of Bola Ahmed Tinubu as the presidential candidate of All Progressive Congress in the February 25, presidential election.  In its brief of arguments, APM, through its counsel Chukwuma-Machukwu Ume (SAN), that the Court of Appeal wrongly and peremptorily struck out the petition.  It therefore prayed the apex court to set aside the decision of the lower court. APM also said the striking out of Kabiru Masari’s name from its petition and consequent dismissal of the petition on 6th September 2023, was in error, as Masari was a necessary party to the dispute. The Court of Appeal had dismissed APM’s petition based on pre hearing motions filed by INEC, APC and Shettima but only INEC tendered a document during the hearing while APC, Tinubu and Shettima and INEC did not call any witness. According to APM, “the grounds upon which it’s petition was predicated is that the 3rd respondent (Tinubu) was at the time of the election (February 25 2023) not qualified to contest the election in line with Section 134(1)(a) of the electoral Act, 2022. The party said it clearly stated in its paragraph 16 and 17 of the petition that it was against 3rd and 4th respondents (Tinubu and Shettima) respectively and  grounded on the provisions of Section 131 and 142 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 35 of the Electoral Act,2022. The APM lawyer said the Court of Appeal misconceived the material facts and case of the appellant and wrongly progressed to determine issues not contemplated by the appellant’s petition and erroneously dismissed the petition. Hearing the appeal on Monday, effort by Machukwu Ume, to move the appeal was rejected by the panel, as doing so would amount to wasting of the precious time of the court. The presiding Justice, Inyang Okoro had insisted that the appeal be withdrawn since the issue had been decided.  “We have read your appeal and issues raised.   “You are not asking us to make your candidate the President if the your appeal succeeds.  “You just want to state the law and go home, without benefit. We have other appeals that are substantial and withdrawing this appeal will help reduce the workload on us.  “We have read the appeal and are unanimous that it’s a none issue, having been pronounced upon by this court” Justice Inyang Okoro said. Left with no option, the APM counsel hesitantly accepted withdrawal of the appeal. All the Respondents did not oppose the withdrawal and did not ask for cost.  Accordingly, the panel dismissed the APM appeal, same having been withdrawn.