Category: Judiciary

Contractor Admits Receiving N2.17b from Office of NSA for no Project

By Biola Lawal
Abuja (Flowerbudnews): A contractor, Olugbenga Obadina has admitted receiving a whopping N2.17b from Office of NSA for no Project.

Obadina is being prosecuted by the Economic and Financial Crimes Commission, EFCC for receiving payments from the Office of the National Security Adviser, (NSA) on November 28, 2015 without any contractual agreement.

This was disclosed on Monday in a statement by Dele Oyewale, the EFCC Spokesman, a copy of which was made available to Flowerbudnews in Abuja.

He admitted on Monday before Justice Nnamdi Dimgba of the Federal High Court, Abuja that the payments made to his company, Almond Projects Limited was neither meant for installation of power plant in Yobe State nor for any power project whatsoever in the state.

Obadina and his company, Almond Projects Limited, first and second defendants respectively, are being prosecuted by the EFCC on an eight-count charge bordering on conspiracy, official corruption and money laundering to the tune of N2, 17,190,000 (Two Billion, Seventeen Million, One Hundred and Ninety Thousand Naira), being payment they allegedly received from the Office of the National Security Adviser under Colonel Sambo Dasuki (rtd) on November 28, 2015 for doing nothing or scheduled to do anything on behalf of the federal government.

Under cross-examination based on Obadina’s evidence-in-chief, prosecution counsel, Ibrahim Buba asked the defendant to identify the project for which payments were made to his company.

Specifically, he was also asked to state if the payment was for the purpose of
installing a power plant or any power project in Yobe State, to which he answered in the negative.

“My lord, with reference to payments in the document that is written, particularly to the Almond project, no site was mentioned in all of the description. No location was mentioned in any of the descriptions my lord,” he said.

Prodded further by prosecution counsel to confirm if it would be right to say that no part of the payments was made for installation of solar or power plants in Yobe State, the defendant acquiesced, stating, “Yes, none of these payments was made for the installation of solar in the state.”

Citing the defendant’s extra- judicial statement, marked Exhibit GO1, 1-9, prosecution counsel pointed out that there was nowhere in the entirety of the defendant’s statement where he specifically mentioned a particular area in Yobe State where the project was to be executed.

The defendant however, contested the claim, saying that he mentioned a site outside Damataru, the state capital, but could not point to it in his statement when challenged by the prosecution counsel to do so.

There was no re-examination from the defence and Justice Dimgba adjourned the matter till May 30 and 31, 2024 for continuation of trial. (Flowerbudnews)

May 20, 2024
Ex-Gov Bello: Workshop stalls hearing of EFCC chair’s motion against contempt proceedings

Flowerbudnews

Hearing of an ex-parte motion for stay of proceedings filed by EFCC Chairman, Mr Ola Olukayode, against contempt charge instituted by former Governor of Kogi, Alhaji Yahaya Bello, was on Monday stalled at the Court of Appeal, Abuja.

The case, scheduled for today, could not proceed due to a workshop organised by the appellate court.

The two-day workshop, organised by the Appeal Court on the Review of the 2023 Election Petition Tribunals/Court and Appeals, began today in Abuja.

The appellate court had, on May 3, granted an ex-parte motion for stay of contempt proceedings filed by the EFCC and issued against its chairman by a Kogi State High Court.

The EFCC boss, who was summoned to appear before the state’s court on May 13 to show cause why he should not be committed to prison for disobeying its orders, had appealed the ruling of the trial court and sought a stay of the proceedings of the court.

The EFCC chair is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the lower court on Feb. 9, pending the hearing and determination of the substantive originating motion.

Justice I. A. Jamil, in a uling on Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the respondent (EFCC) in violation of the order, which is valid and subsisting when they carried out the act.”

The judge held that the EFCC’s act amounted to contempt, having laid siege on the residence of the former governor, as early as 8am on April 17, with a bid to arrest him despite a court order restraining them from taking such action, pending the determination of the originating motion.

Justice Jamil’s order was based on a motion ex-parte filed by Bello, through his lawyer, M.S. Yusuf, where he prayed the court for an order to issue and serve the respondent (EFCC chairman) with Form 49 Notice to show cause why order of committal should not be made on him.

But when the case came up on May 3 before the Court of Appeal, presided over by Justice Joseph Oyewole, it granted the EFCC’s application to serve the processes in the appeal by substituted means on the former governor.

The court consequently adjourned the hearing of the motion on notice to May 20.

Some lawyers and litigants, who came to the court on Monday at about 9am, were told by the registrar that there would be no sitting.

“We are holding a workshop, where our judges are in attendance. Therefore, there’s no sitting today.

“The next adjourned date will be communicated to counsel to the parties for all cases scheduled for today.

“We are sorry for the inconveniences this might have caused, ” the registrar said.

May 20, 2024
Alleged tax evasion : FIRS files amended charge against Binance, Gambaryan

Flowerbudnews

The Federal Inland Revenue Service (FIRS) has filed an amended four-count charge against Binance Holdings Limited and its executive, Tigran Gambaryan, on alleged tax evasion.

FIRS lawyer, Moses Ideho, made this known on Friday before Justice Emeka Nwite of a Federal High Court, Abuja.

Ideho informed the court that following the escape of Nadeem Anjarwalla from lawful custody, the agency deemed it necessary to amend the charge to properly reflect Anjarwalla’s position in the instant charge, as being at large.

“We apply to substitute our charge dated 22nd of March, 2024 with an amended charge dated 17th of May, 2024.

“We apply that the charge be read to the 1st and 2nd defendants (Binance and Gambaryan) in order to take their plea,” he prayed

But counsel for Binance, Chukwuka Ikwuazo, SAN, who also appeared for Gambaryan, opposed to Ideho’s application that the fresh charge be read to his clients.

Ikwuazo argued that the charge was just being filed this morning and he was yet to see it in order to consult with his clients so as to prepare for their defence.

Justice Nwite subsequently adjourned the matter until May 22 for arraignment.

Earlier, the judge, in a ruling, ordered that the FIRS to serve the company (1st defendant) through Gambaryan (2nd defendant) the charge in the matter.

Justice Nwite held that Gambaryan, being the Binance Chief Financial Compliant Officer, ought to be served with the charge as the company’s representative in Nigeria in accordance with the law.

He discountenabce the arguement of Ikwuazo that Gambaryan was neither a director, secretary or chief agent of the crypto-currency firm.

The News Agency of Nigeria (NAN) earlier reported that the court had fixed their arraignment for April 4.

However, the arraignment could not proceed due to inability of FIRS to effect service of the charge on the defendants..

The defendants are being charged on a four counts bordering on alleged tax evasion in the charge marked: FHC/ABJ/CR/115/2024.

In the charge dated and filed March 22 by the FIRS, the defendants were alleged to have committed the offence on or about Feb. 1.

Count one alleged that while involved in carrying and offering services to subscribers on their platform, known as Binance, failed to register with the FIRS, for the purpose of paying all relevant taxes administered by the service.

The offences are said to be punishable under Sections 8 and 29 of the VAT Act of 1993 (as Amended), Section 40 of the FIRS Establishment Act, 2007 (as amended) and under provisions of Section 94 of the Companies Income Tax Act (as amended) respectively.(NAN)(www.nannews.ng)

May 20, 2024
NBA identifies challenges hindering administration of justice

Flowerbudnews

The Nigerian Bar Association (NBA), Bwari Branch, Abuja has identified challenges inhibiting administration of justice in the country.

The Chairman of the branch, Paul Daudu, enumerated the challenges on Friday while addressing newsmen to announce the branch’s law week in Abuja.

Daudu listed the challenges to include prolonged pre-trial detention, delayed trials, lack of access to legal representation and poor case management.

He said the problem also include conflicting and perverse judgments for superior courts of record, unethical practices by some legal practitioners and law enforcement agents, amongst others.

“There is indeed the perception by ordinary citizens that what presently operates in Nigeria is the ‘administration of law’ and not ‘’administration of justice.’

“The former being a system riddled by hybrid technicalities, legal jargon, cumbersome adjudicatory procedure and rhetoric.

“As a branch, we identify the challenges facing the administration of justice in Nigeria,” he said.

The chairman called on the legal practitioners, as guardians of the law, to reaffirm their commitment to upholding the rule of law and ensuring access to justice for all.

“Our theme for this year’s Law Week, ‘Strengthening the Foundation of Justice,’ resonates deeply with the core values of our profession and the principles upon which our legal system is built,” he said.

The News Agency of Nigeria (NAN) reports that some of the programmes at the weeklong event include a Jumat Service, a novelty football match between the senior members of the Bar and the Young Lawyers Forum, lectures, Christian thanksgiving service, among others.(NAN)(www.nannews.ng)

May 20, 2024
Court dismisses ex-terrorist negotiator’s plea for transfer from DSS to corrections custody

Flowerbudnews

A Federal High Court, Abuja, on Monday dismissed the application filed by ex-terrorist negotiator, Tukur Mamu, seeking a transfer from the Department of the State Service (DSS) custody to Kuje Correctional Centre.

Justice Inyang Ekwo, in a ruling, dismissed the application on the ground of insecurity of the custodial facility.

Justice Ekwo held that Mamu did not deny the issue of incessant jailbreak in prisons which was raised by the Federal Government.

The judge further held that any averment that was not controverted was deemed to be true.

“And facts admitted need no further proof,” he added.

He said in arriving at the decision, “the court takes into account the security of the custodial facility, health of the defendant and the type of the allegations contained in the charge sheet.”

“I find that the averments of the complainant (FG) as it concerns jailbreak to be credible.

“I find that this application lacks merit and I make an order dismissing it,” he declared.

The judge, subsequently, ordered Mamu to remain in DSS custody throughout his trial in the alleged terrorism financing charges against him.

Justice Ekwo, however, affirmed his earlier order that Mamu be allowed to have access to his personal physician for medical treatment subject to the supervision of the DSS medical personnel.

“What the court does is to compel compliance. The complainant/respondent cannot be allowed to disobey court orders.

“The complainant is hereby ordered to grant the defendant access to his personal physician,” he said.

The matter was adjourned until June 3, June 4, June 5 and June 6 for continuation of trial.

The News Agency of Nigeria (NAN) reports that Mamu was arraigned, on March 21, 2023, on 10 counts of terrorism financing, among others, but pleaded not guilty to the counts.

Justice Ekwo, on April 27, 2023, declined to admit him to bail on the grounds of ill-health, after the DSS opposed the bail application.

However, the judge, on Dec. 19, 2023, granted Mamu’s plea to have access to his own personal physician due to his alleged deteriorating health condition.

Justice Ekwo, in the ruling, ordered that Mamu’s medical doctor should be allowed to treat him subject to the supervision of the DSS’ team of physicians.

NAN reports that Mamu, who is standing trial over his alleged relationship with terrorists that were involved in the March 28, 2022 attack on an Abuja-Kaduna-bound train, was arrested on Sept. 6, 2022, by Interpol in Cairo, Egypt, on behalf of the Nigerian government.(NAN)(www.nannews.ng)

May 20, 2024
Alleged money laundering: Court rejects Binance executive’s bail plea

Flowerbudnews

A Federal High Court, Abuja, on Friday dismissed a bail application filed by the detained Binance executive, Tigran Gambaryan.

Justice Emeka Nwite, in a ruling, held that based on the affidavit evidence before him, Gambaryan would jump bail if the application is granted.

“I have carefully considered the affidavit evidence before me and I am of the view that the applicant will jump bail if granted bail,” Justice Nwite declared.

However, the judge ordered for an accelerated hearing in the trial.

The News Agency of Nigeria (NAN) reports that Justice Nwite had, on April 23, fixed today for the ruling after counsel for the EFCC, Ekele Iheanacho, and Gambaryan’s lawyer, Mark Mordi, SAN, adopted their processes and argued their case against and for the bail plea.

Justice Nwite had ordered the remand of Gambaryan in Kuje Correctional Centre after he pleaded not guilty to the money laundering charges preferred against him by the EFCC.

The EFCC had accused Binance Holdings Limited, Gambaryan and Nadeem Anjarwalla, another agent of the company, of allegedly conspiring amongst themselves to conceal the origin of the financial proceeds of their alleged unlawful activities in Nigeria including $35,400, 000.

They were alleged to have committed an offence contrary to Section 21 (a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022, among others.

However, Anjarwalla escaped from lawful custody on March 22 and fled Nigeria for Kenya.

Mordi, on Gambaryan’s behalf, had filed an application seeking an order of the court, releasing his client on bail pending the hearing and determination of the substantive case.

Mordi, in the last adjourned date, had argued that the EFCC had failed to produce any credible evidence to oppose his application.

According to him, the complainant’s allegation that Gambaryan was arranging to escape from custody like his colleague was false.

“There is no exhibit or document displaying EFCC’s credible intelligence.

But EFCC lawyer disagreed with Mordi.

Iheanacho argued that the court would be taken a grave risk by granting the Binance agent a bail because he had no attachment to any community in Nigeria or competent person to stand as his surety.

He contended that Gambaryan attempted to apply for a new United States passport while in detention knowing fully well his International passport was seized by the Nigerian state.

The lawyer said he was a flight risk and that if granted bail, he would jump bail like his colleague.

He disagreed with Mordi that the commission had not provided credible evidence that Gambaryan was planning to escape.

He said going by the deposition in their counter affidavit, the deponent was one of the investigative team that investigated the case.

He urged the court to dismissed the bail application.

In the alternative, he advised the court to return the applicant to EFCC custody if the judge decided to grant him bail.(NAN)(www.nannews.ng)

May 17, 2024
Alleged $6bn Fraud: Agunloye Loses Bid to Stop Prosecution

By Biola Lawal

Flowerbudnews: Justice Jude Onwueguzie of the Federal Capital Territory High, FCT, has dismissed a preliminary objection by ex-minister of Power and Steel, Olu Agunloye challenging Economic and Financial Crimes Commission, EFCC power to prosecute him.

Agunloye is facing prosecution by the EFCC on seven-count charges bordering on suspected fraudulent Mambilla Power Project contract award to the tune of $6billion (Six Billion US Dollars), Dele Oyewale, EFCC Spokesman disclosed in a statement.

On February 8, 2024, Agunloye had through his counsel, Adeola Adedipe (SAN) filed a motion challenging the powers of the EFCC to investigate and prosecute him as well as that of the jurisdiction of the court to try him.

In response, prosecution counsel Abba Muhammed filed a counter affidavit, dated February 22, 2024, where he dismissed Agunloye’s motion as incompetent and offensive to the provisions of Section 115(2) of the Evidence Act.

Delivering ruling on Wednesday, Justice Onwuegbuzie struck out Agunloye’s motion for lack of merit and held that Section 6 and 7 of the EFCC Establishment Act, 2004 gave the Commission investigative and prosecutorial powers to cause investigation into any act of economic and financial crimes.

“On issues of whether the EFCC has the statutory power to investigate and prosecute before a court of competent jurisdiction, I have considered the application of the defence and the respondent, and I hold that the EFCC is charged with the investigation and prosecution of all economic and financial crimes including, contract scams, money laundering, advance fee fraud etc, including the investigation and enforcement of all economic and financial crimes laws, also cause investigation to weather an individual or company, or anybody is likely to commit any crime.

”Since the instant charges brought against the defendant are economic and financial crimes in nature, the motion brought by the defendant lacks merit and is hereby dismissed,” the judge ruled.

Regarding the legitimacy of the prosecution fiat the Commission obtained from the Office of the Auditor-General rather than that of the Attorney-General of the Federation (AGF), the judge held that any other state, authority or person was eligible to institute criminal prosecution in the absence of the AGF.

“Even if the charge has no seal of the Attorney-General of the Federation, that does not stop the potency of the charge, as the Attorney-General may decide on any member of his department he wishes to delegate his powers to carry out his duties by law,” he said.

He adjourned the matter till May 30, 2024 for continuation of trial. (Flowerbudnews)

May 15, 2024
Ondo poll: Court orders Aiyedatiwa, others to file defence

Flowerbudnews

A Federal High Court (FHC), Abuja, on Tuesday, ordered Gov. Lucky Aiyedatiwa of Ondo State and others to filed their defence in a suit instituted by Sen. Jimoh Ibrahim seeking to void the April 20 All Progressives Congress (APC)’s governorship primary election in the state.

Justice Inyang Ekwo gave the directive after counsel for the APC, Tayo Oyetibo, SAN, informed the court that the party had written a letter to the Chief Judge of FHC for the matter to be transferred to the Akure division.

The News Agency of Nigeria (NAN) reports that in the suit marked: FHC)ABJ/CS/588/2024, Ibrahim sued APC, Aiyedatiwa and the Independent National Electoral Commission (INE) as 1st to 3rd defendants respectively.

Ibrahim, an aspirant in the primaries and a senator representing Ondo South at the Senate, is praying the court to set aside the April 20 governorship primary election of the party that produced Gov. Aiyedatiwa as its candidate.

He urged the court to declare that Aiyedatiwa is not the valid candidate of APC by virtue of the party’s non-compliance with the provisions of the Electoral Act, 2022 and the regulations and guidelines of the political party in the conduct of the poll.

He, therefore, sought an order of perpetual injunction, restraining the governor from parading himself as the APC’s governorship candidate for the November general election in Ondo State.

Ibrahim, who is the Chairman, Senate Committee on Inter-Parliamentary Affairs, equally prayed the court for a mandatory injunction compelling INEC to delist the names of APC and Aiyedatiwa from amongst the list of political parties and governorship candidates for the state’s governorship election.

He further asked the court to strip the party and Aiyedatiwa “of all rights appurtenant to political parties fielding candidates, and candidates at the said governorship election, except a fresh primary election is conducted and a candidate lawfully nominated.”

Upon resumed hearing on Tuesday, Ibrahim’s lawyer, Chief Chris Uche, SAN, told the court that he received a memorandum of conditional appearance from APC’s lawyer.

Uche said he had equally received a memorandum of conditional appearance from INEC but had not received any application from Aiyedatiwa.

The senior lawyer said besides all these, the defendants had not filed any defence in the suit

Oyetibo confirmed filing a memorandum of conditional appearance, which was served on the plaintiff.

He said since the plaintiff served on them their processes on May 7, he was still within time to respond.

The senior lawyer, who wondered why Ibrahim filed the suit in Abuja, told the court that a letter had been written to the Chief Judge, Justice Tsoho, seeking for the transfer of the matter to Akure division of the court.

He said they are awaiting the CJ’s response.

Counsel for the governor, Bode Olanipekun, SAN, said though they were served on May 9, they were still within time to respond.

He therefore confirmed Oyetibo’s position on a letter to the CJ.

INEC’s lawyer, Charlesi Edosanwan, who said he was still within time to file their response, said he was also aware of the APC’s letter to have the matter transferred.

But Uche said writing a letter was a non-issue as the letter was not before the court.

Justice Ekwo said the issue of the letter cannot be discussed in the court since the letter was not before him.

The judge held that what was before him was what he was concerned about

“What I am going to do, taking into consideration time for parties to file and respond, I will give you a time of return date and from their, we wll get further directive,” he said.

The judge, who directed parties to file their applications, adjourned until May 29 for mention.(NAN)(www.nannews.ng)

May 14, 2024
Court awards N200m fine against police over shooting, killing of 2 Shiites in Soba, Kaduna State

Flowerbudnews

A Federal High Court sitting in Kaduna has ordered the police authorities to pay a cumulative sum of N200 million to the families of two Shiites killed by its officers while on Islamic procession on August 28, 2022 in Soba, Kaduna State.

Justice Hawa Buhari, in a judgment on Monday, held that the “applicants’ rights as guaranteed under Sections 33, 38, 39, 40, 42 and 46 of the 1999 Constitution (as amended); Order 2, Rules 1, 2, 3, 4, 11 and 12 of the Fundamental Right (Enforcement Procedure) Rules 2009; Article 4, 8, 10, 11 and 12 of the African Charter on Human and Peoples Rights 2004 is hereby enforced.”

The judge held that the sum of N100 million which must be paid to each applicants, making a total of N200 million, as compensation and general damages, would attract a 10 per cent interest per anum until the amount is fully paid.

Justice Buhari, in the judgement, consolidated the two separate suits filed by the two next-of-kins of the deceased, which are FHC/KD/CS/142/2022 and FHC/KD/CS/144/2022.

“The sum of N100,000,000.00 (One Hundred Million Naira) be paid to each parents of the deceased as compensation and general damages with a 10 % interest per anum until the amount is fully paid.

“The respondents shall tender a public apology to the applicants in one national daily for the breach of their fundamental right,” she declared.

It would be recalled that two applicants; Iliyasu Bashir and and Ahmad Sa’ad had filed the suits marked: are FHC/KD/CS/144/2022 and FHC/KD/CS/142/2022 before the court.

They alleged that on August 28, 2022, the officers of the Nigerian Police shot and killed Mubarak Iliyasu and Aminu Abdulkadir while observing their religious act of worship; Ashura Procession in Soba, Kaduna State.

They had sued the Inspector-General of Police (IGP), Assistant Inspector-General of Police Zone 7, Kaduna State Police Commissioner and Danial Pom, former Divisional Police Officer, Soba Division as 1st to 4th defendants respectively.

The applicants, in the motions on notice dated and filed September 26, 2022 by their team of lawyers, including H.G Magashi, M.D Abubakar and Yusha’u S.U, sought seven reliefs.

They sought a declaration that the shooting and killing of Mubarak Iliyasu and Aminu Abdulkadir on the said date while on religious procession was illegal, unconstitutional and flagrant violation of their fundamental right to life as guaranteed by Section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples Right Act Cap A9 LFN, 2004.

They, therefore, prayed the court for an order mandating the respondents jointly and severally to pay to them the sum of N200 million each for violation of the fundamental rights of their deceased brothers.

They equally sought an order, directing the respondents to tender a formal apology to them by publishing same in two national dailies that are circulating in northern Nigeria.

But the respondents, in their preliminary objection dated and filed on November 8, 2022, sought an order striking out the suits for want of jurisdiction.

Besides, they also filed a counter affidavit in opposing the suits

But Justice Buhari agreed with the submission of the applicants’s counsel, and assumed jurisdiction on the matter.

It would be recalled that Justice Buhari had equally ordered the police authorities, on April 22, 2024, to pay a cumulative sum of N300 million to three family members of three Shiite members killed by its officers while on Islamic procession on August 8, 2022 in Zaria City of Kaduna State.

May 14, 2024