Flowerbud News

Category: Judiciary

  • Alleged $9.6bn P&ID scam: Court adjourns suit against fleeing Briton, coys for judgment

    Alleged $9.6bn P&ID scam: Court adjourns suit against fleeing Briton, coys for judgment

     

     

    Flowerbudnews

    A Federal High Court, Abuja, on Monday, adjourned two separate money laundering suits filed by the Economic and Financial Crimes Commission (EFCC) against British national, James Nolan, and two other companies for judgment.

    Justice Donatus Okorowo adjourned the suits for judgment after counsel for the EFCC, Bala Sanga, and the defence lawyer, Michael Ajara, adopted their final written addresses and made their submissions in the matters.

    In his argument, Ajara prayed the court to dismiss the two suit for lack of jurisdiction.

    The.lawyer insisted that the court lacked jurisdiction because the charges were defective.

    Besides, he said all the evidence brought forward by the anti-graft agency, through its witnesses, were hearsay.

    But Sanga disagreed with Ajara

    The EFCC lawyer argued that under Section 220 of Administration of Criminal Justice Act (ACJA), 2015, the irregularity of a charge does not affect the jurisdiction of the court and neither does it affect the validity of the charge.

    He added that Ajara’s objection was belated as this should have been raised during arraignment.

    Sanga equally argued that the matter cannot be caught up by hearsay rules because documents obtained by the prosecution’s investigating officers were visible in evidence.

    He submitted that knowledge derived from day-to-day work are not hearsay.

    The lawyer prayed the court to convict the defendants and order the forfeiture of the companies’ assets to the Federal Government.

    After proceedings that lasted till Monday evening, Justice Okorowo adjourned the matters for judgment

    The judge said that the judgment date would be communicated to parties in the suits.

    The News Agency of Nigeria (NAN) reports that the court had, on April 14, fixed today for adoption of the final addresses after Nolan, who jumped bail and fled Nigeria in the alleged 9.6 billion dollars Process and Industrial Development (P&ID) Ltd scandal, opened his defence in absentia without calling any witness.

    Ajara had told the judge that he did not intend to call any witness upon resumed hearing.

    He said after his evaluation of the EFCC’s evidence, he would rely on the case of the prosecution and Sanga did not object, upon which the matter was fixed for adoption of written addresses.

    NAN reports that the EFCC is prosecuting Trinity Biotech Nigeria Limited and Nolan in the charged marked: FHC/ABJ/CR/272/2022 as 1st and 2nd defendants in the case.

    Also, the commission is also prosecuting the sister case marked: FHC/ABJ/CR/273/2022 filed against Resorts Express Concept Nigeria Ltd, another company, and Corrado Fantoli as 1st and 2nd defendants respectively before Okorowo.

    Fantoli, also a foreigner and an associate of Nolan, was one of the suspects behind the alleged $9.6 billion P&ID fraud.

    The suspect, said to be at large, alongside the company, was arraigned in absentia on Nov. 25, 2022, on eight-count money laundering charge.

    He was not present in court or represented by a lawyer when they were arraigned.

    The court also declared him wanted and ordered for his arrest anywhere he is sighted after Sanga made application to the effect.

    Fantoli and Giovanna Beccarelli, who had also been declared wanted and an arrest warrant issued against her, were said to be directors and signatories to the company’s Guaranty Trust Bank account number: 0123849451.

    Resorts Express Concept Nigeria Ltd and Trinity Biotech Nigeria Limited are two of the over 30 companies associated with the $9.6 billion scam.

    NAN reports that other cases linked to the scandal are currently before Justice Obiora Egwuatu, Justice Zainab Abubakar of FHC, Abuja, besides other charges at FCT High Courts.

    In addition the anti-graft agency was also prosecuting some of the companies and Nolan before Justice Ahmed Mohammed before he was elevated to the Appeal Court.

    A Business and Property Court in London presided over by Justice Robin Knowles of the Commercial Courts of England and Wales had, in October, quashed the 11 billion dollars awarded against Nigeria in a case filed by the P&ID.

    Judge Knowles held that the award was obtained by fraud and that what had happened in the case was contrary to public policy.(NAN)(www.nannews.ng)

  • Court adjourns Ali Bello, co-defendant’s case until June 19

    Court adjourns Ali Bello, co-defendant’s case until June 19

     

    Flowerbudnews

    A Federal High Court in Abuja on Monday adjourned an amended money-laundering charge instituted against Ali Bello and his co-defendant, Daudu Sulaiman, by the Economic and Financial Crimes Commission (EFCC) until June 19.

    Justice James Omotosho adjourned the matter for trial continuation after the EFCC’s counsel, Rotimi Oyedepo, SAN, led Olom Otane Egoro, a witness, in evidence.

    At the resumed hearing, Oyedepo presented Egoro, a staff of Access Bank from the Compliance Unit, as the 6th prosecution witness (PW6) of the Commission.

    The banker told the court that the EFCC, via a letter, requested for the bank statement of the Kogi State Government House, for the period of 2018 to 2021.

    He said the commission also asked for other documents, including the account opening mandate for the account and certificate of compliance in respect of the printouts.

    Oyedepo tendered the documents through the witness and were admitted in evidence accordingly.

    Though both counsel to the 1st defendant (Ali Bello), Abubakar Aliyu, SAN, and that of the 2nd defendant, Olusegun Jolaawo, SAN, objected to the admissibility of the documents, they elected to raise the points of objection at the final address stage.

    The witness thereafter went through the statement of account, detailing the various deposits into and withdrawals from same via transfers and cash.

    From his evidence, Egoro said the withdrawals were not more than N10 million at any point.

    The witness also did not state who deposited the monies, what the monies were deposited for or who withdrew the same and for what purpose before concluding his testimony for the day.

    Although the matter was initially fixed for May 7 for trial continuation, Aliyu prayed the court for an adjournment on health grounds.

    Tye senior lawyer equally prayed the court to vacate tomorrow’s date.

    Oyedepo and Jolaawo did not oppose Aliyu’s application.

    Justice Omotosho, by agreement of counsel, adjourned the matter until June 19 and June 20 for continuation of trial.

    It would be recalled that Ali Bello and Dauda Suleiman, in the charge marked: FHC/ABJ/CR/550/2022, are standing trial on a 10-count charge bordering on money laundering brought against them by the anti-graft agency.

    They, however, pleaded not guilty to all the counts.(NAN)(www nannews.ng)

  • Community service sentences will deter offenders from committing crimes – CAPIO

    Community service sentences will deter offenders from committing crimes – CAPIO

     

    By Flowerbudnews

    The Carmelite Prisoners’ Interest Organisation (CAPIO) says community service sentences will deter offenders from committing crimes, reduce prolonged trial period and cost of maintaining inmates in the country.

    The Legal Officer of CAPIO, Mr Wilson Nneji, said this on Monday in after a presentation at a One-day Workshop for the Validation of the Draft Framework on Community Service Measures in Enugu State Justice System.

     

    Nneji, who made a presentation on “Understanding The Draft Framework: Overview of the Framework’s Purpose, Scope, Key Components and Principles Underlying the Framework, said that the validation and implementation of the draft framework would benefit stakeholders within the Justice system.

     

    According to him, it will lead to more stakeholders at the community levels – tradtional and relugious leaders and families and kindreds – getting more be involved in the character reformation and rehabilitation of deviant individuals in the community.

     

    “This is becuase no family, kindred, community or religious group will want a deviant individual of their own bringing shame and negative name calling on them.

     

    “It will ensure that minor offenders and at times first offenders do not mix up with hardened criminals and they continue with a crime-free life-style after their community service sentence,” he said.

     

    He noted that after the validation of the draft, the next stage would training of the community service officers or enfocers or implementers as well as making handbook or guide available to stakeholders in the implementation.

     

    The state’s Commissioner for Justice, Dr Kingsley Udeh, commended CAPIO for the investment and energe put in to promote and propagate community service sentencing as a veritable alternative to custodian service sentencing in Enugu State.

     

    Udeh, represented by a Director in Department of Public Prosecution (DPP), Mrs Ngozi Okoye, said that the Ministry of Justice through the DPP would give support for the community service sentence to succeed in the state.

     

    “I have already appointed some legal officers under my office as community service officers and positioned their minds for them to develop themselves on it and seizure any training opportunity on it as well,” she said.

    Speaking, Assistant Controller of Corrections, Mr Benjamin Ugwu, noted that there had been laid down provisions in the new Nigerian Correctional Service (NCoS) Act for non-custodian service or sentence as well as officers serving in the non-custodian service.

     

    Ugwu said: “What we wanted is for CAPIO to follow NCoS lead and guidance on community service already enshrined in the new NCoS Act.

     

    “There is no need to reinvent another programme by CAPIO and we presently have enough officers in the non-custodian service of NCoS Enugu State Command. So, there is a need to work with the state Controller of Corrections.”

     

    Contributing, Justice C.C. Ani of the Enugu State High Court, while commending CAPIO for a good job, asked: “who provides tools that those convicted on community service uses to carry out their routine community work.

     

    Ani further asked: “Who provides uniform for the convicts serving a community service and when will the state High Court open an office for community service officers as well as training for community service officers to understand the system and their obligation?”

     

    Responding, the Executive Director of CAPIO, Rev. Fr. Jude Isiguzo, said that the validation workshop for the proposed operational framework for community service sentence was sequel and a follow-up to the earlier meeting held on the matter by stakeholders on March 18, 2024.

     

    Isiguzo said that a key reason for the validation framework for community service was meant to provide a guide on how it can be effectively implemented in Enugu State and various stakeholders in the justice system keying into it.

     

    “Therefore, the aim of this workshop is for all the stakeholders to check, correct and prove the validity or accuracy of the proposed framework for operationalization of community service measures,” he said.

     

    He also said that CAPIO would financially provide for all tools and uniforms used by those convicted on community service once the implementation kick-off in the state.

     

    “While CAPIO is currently building quarters in Oji River to house those that do not have their communities within the state and have no one to stand for them as guarantor(s). For them to stay as serve their community service sentence.

     

    “We appeal to the Chief Judge to provide community service office, appoint enough personnel to the office, who CAPIO will provide training, retraining and guidance to,” he added.

     

    Doing the validation, the Chief Judge of Enugu State, Justice Raymond Ozoemena, called on various ministries, agencies and departments of government and srakeholders involved in community service to appoint desk officers or officers for training and implementation.

    Ozoemena, represented by Justice Anthony Onovo, lauded CAPIO for devoting time, energy and financial resources to promote, propagate, engage and see that community service sentence work well and effectively in the state.

     

    “When community service sentencing comes in full implementation; it will check congestion in our correction centres and act as a good deterrance to crime in our communities and state since offenders will serve in the open glare of all who know them,” he said.

     

    The chief judge, who later put the validation of the franework to a vioce vote of all stakeholders present, got a unianimous “Yes Shout” for the framework to be adopted by all.

  • FCMB manager jailed 121 years for stealing customer’s N112m fixed deposit

    FCMB manager jailed 121 years for stealing customer’s N112m fixed deposit

    By Flowerbud News

    May 4, 2024

    Justice S. N. Odili of the  Anambra State High Court sitting in Onitsha, Anambra State, has convicted and sentenced a former manager with First City Monument Bank, FCMB, Onitsha branch, Nwachukwu Placidus, to a cumulative 121 years imprisonment for diverting fixed deposit funds of a customer to the tune of N112,100,000 for his personal use.

    He was arraigned on Tuesday, March 27, 2018 on 16-count charges bordering on forgery, stealing, obtaining by false pretence and uttering, by the Enugu Zonal Command of the Economic and Financial Crimes Commission, EFCC.

    One of the counts reads: “Nwachukwu Placidus between February 2009 and November 2014 in Onitsha, Anambra State within the jurisdiction of the Anambra State High Court of Nigeria with intent to defraud obtained the sum of (N112,100,000) One Hundred and Twelve Million, One Hundred Thousand Naira only, from Idemili Microfinance Bank under the false pretence that you have placed the said money in a fixed deposit account with First City Monument Bank PLC for it, which pretence you knew to be false and you thereby committed an offence”.

    He pleaded not guilty to the charges when they were read to him, thus setting the stage for his trial.

    In the course of trial, the EFCC, through its counsel, Mainforce Ekwu, presented four witnesses and tendered several relevant documents which were admitted in evidence.

    In his judgment, Justice Odili held that “the prosecution proved its case beyond reasonable doubt” and sentenced the  convict to nine years imprisonment on count 3, 4 years on count 4 and 9 years on counts 5 to 16 respectively. He was discharged on counts 1 and 2.  The sentences shall run concurrently.

    The court further ordered the convict to restitute the said sum to his victim, Idemili Microfinance Bank.

    Placidus ’journey to the Correctional Centre began when a petitioner, Idemili Microfinance Bank LTD, alleged that the sum of N112,100,000 was handed over to him as the branch manager of FCMB in Onitsha, for fixed deposit. However, when the petitioner approached the bank to terminate and withdraw the deposit, the bank denied receiving the said funds.

    Upon receipt of the petition, the EFCC swung into action and investigations revealed that the convict diverted the money for his own use and issued a fake fixed Deposit Certificate to the petitioner.

     

  • Contempt: Appeal Court grants motion for stay of proceedings against EFCC Chairman

    Contempt: Appeal Court grants motion for stay of proceedings against EFCC Chairman

     

    Flowerbudnews
    The Court of Appeal in Abuja on Friday granted an ex-parte motion for stay of contempt proceedings filed by the Economic and Financial Crimes Commission (EFCC) and issued against its Chairman, Ola Olukoyede, by ex- Governor Yahaya Bello of Kogi.

    The Court of Appeal, presided over by Justice Joseph Oyewole, 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.

    The EFCC boss, who was summoned to appear before the Kogi State High Court on May 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 Court on Feb. 9, pending the hearing and determination of the substantive originating motion.

    It would be recalled that Justice I. A. Jamil, in a ruling 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 was valid and subsisting when they carried out the act.

    The judge held that the EFCC’s act amounted to contempt.

    EFCC operatives had laid siege on the residence of the former governor as early as 8 a.m. 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.(NAN)

  • Tax: Court orders FCT-IRS to seal off defaulting coys

    Tax: Court orders FCT-IRS to seal off defaulting coys

     

    Flowerbudnews
    A Magistrate Court sitting in Wuse Zone 2, Abuja, on Friday, ordered the Federal Capital Territory Internal Revenue Service (FCT-IRS) to seal off a company, Ifedi A.K. Nigeria Ltd, over allegations bordering on non-filing of annual returns.

    The Magistrate, Janada Balami, gave the order after lawyer to FCT-IRS, Michael Towolawi, moved the application to the effect.

    Towolawi told the court that the company had failed to file its annual returns from 2019 to 2023 in breach of Section 81 of the Personal Income Tax Act, LFN, 2004, and amended in 2011.

    He said all efforts to make the company comply with the law proved abortive.

    The lawyer, therefore, applied that the company be compel to appear before the court to explain why it acted in breach of the law.

    Balami, who held that the application by the agency against the company had merit, accordingly granted same to seal the No 6, Rudolph Close, Off Katsina-Ala Street, Maitama, Abuja.

    She, consequently, ordered the company, the sole defendant in the matter, to appear before the court on May 16.

    The Director, Legal Services of the FCT-IRS, Festus Tsavar, told journalists after the proceeding that the service would move against companies that do not file their annual returns as provided by law.

    “You know that we have a new minister in FCT that is doing a lot of projects and that hinges on money.

    “And of course, you are aware that FCT has come out of TSA.

    “So it is the internally generated revenue that will make the government of FCT to be able to do those projects completely within required time,” he said.(NAN)(www.nannews.ng)

  • Binance Founder Sentenced, Bags Four Months Imprisonment

    Binance Founder Sentenced, Bags Four Months Imprisonment

     

    Courtesy: 1440

     

    Binance founder Changpeng Zhao was sentenced to four months in prison yesterday for violating US money laundering laws and federal sanctions at the world’s largest cryptocurrency exchange.

    The sentence is less than the three years prosecutors had sought and the 12- to 18-month sentencing guidelines for the crime.

     

    Zhao, a UAE and Canada dual citizen, pleaded guilty in November. He agreed to resign as CEO and pay a $50M fine for failing to maintain an effective anti-money laundering program, which resulted in sanctions violations linked to users in Iran, Cuba, Syria, and Russian-occupied parts of Ukraine.

    Binance also agreed to pay $4.3B in fines and forfeiture (see 101). The news comes a month after former FTX executive Sam Bankman-Fried was sentenced to 25 years for fraud tied to his crypto company.

    Under the plea agreement, Zhao waived the right to appeal any sentence up to 18 months. Zhao has an estimated $43B fortune, including his Binance ownership, and will become the richest person ever to serve time in US federal prison.
  • Alleged media trial: Kogi youths accuse EFCC of violating Yahaya Bello’s children’s rights

    Alleged media trial: Kogi youths accuse EFCC of violating Yahaya Bello’s children’s rights

     

    Flowerbudnews

    Scores of youths from Kogi, on Wednesday, trooped out in Abuja to ventilate their disappointment with the handling of the allegations of corruption preferred against ex-Governor Yahaya Bello by the Economic and Financial Crimes Commission (EFCC).

    The youths, under the auspices of Kogi Independent Youths Association (KIYA), in a May Day Solidarity Walk for Nigerian Children, decried what they called, “the systemic violation of the constitutionally guaranteed rights of the former governor’s children.”

    The President of KIYA, Comrade Mohammed Abdulrazak, expressed concern that despite the fact that the children had nothing to do with whatever the commission was investigating their parents for, they had become a subject of discourse in the alleged corruption case.

    Abdulrazak stressed that though the group did not support corruption in any manner, “what we are against is not following due processes to carry out law enforcement duties, especially when you begin to drag in innocent children into the fray.

    “This can damage them psychologically for life.

    “Children don’t play politics. Children can’t be punished for the sins of their parents even when such has been proven.

    “Nobody deserves to be punished for a crime they know nothing about, not to talk of innocent children.”

    According to him, today’s rally is the first in the series of actions we have laid out until justice is done in this matter.

    The youth president, who condemned EFCC’s action, said the anti-graft agency would be dragged before the National Human Rights Commission (NHRC) to seek redress.

    “All these concerns will be presented to the National Human Rights Commission any moment from now for appropriate intervention especially to protect the rights of the innocent children who have been dragged into this political war by the EFCC,” he said

    He said “as educated youths who are versed in the practice and procedures concerning the arrest, arraignment and prosecution of an accused person, the due process of the law is sacrosanct and must be duly adhered to and complied with.

    “Former Governor Yahaya Bello has not been shown any fairness, which is a cardinal principle of law.

    “He has not been served with the notice of charges against him, or arraigned before a court of competent jurisdiction by the EFCC, but he has already been arraigned, tried, and convicted by the EFCC going by their utterances in the media and unnecessary display of executive drama.”

    Abdulrazak pointed out that the 1999 Constitution (as amended) guarantees the innocence of an accused person until otherwise proven.

    He, however, said the EFCC, in the pursuit of its alleged persecution of Bello, had thrown all caution to the wind and turned his botched arrest into a television and social media soap opera.

    “This is being done to demonise him,” he said.

  • Human rights lawyer vows to appeal against judgement dismissing appeal against FG on alleged extra-judicial killings in Nigeria

    Human rights lawyer vows to appeal against judgement dismissing appeal against FG on alleged extra-judicial killings in Nigeria

     

    Flowerbudnews

    An Abuja-based human rights and constitutional lawyer, Emmanuel Ekpenyong Esq. on Wednesday, vowed to appeal a judgment of the Court of Appeal, Abuja Division which dismissed his case against the Federal Government on alleged prevalence of extra-judicial killings in the country.

    The Appeal Court upheld a lower court’s judgment that dismissed his suit seeking to address the increasing cases of extra-judicial killings by the law enforcement agencies and non-state actors.

    But Ekpenyong of the law firm of Fred-Young & Evans LP said he would seek redress at the Supreme Court.

    The three-member Justices, chaired by Justice Joseph Oyewole, unanimously held that the appellant, Mr Ekpenyong, lacked requisite locus standi (legal right) to file the appeal.

    “A detailed perusal of the earlier outlined surviving paragraphs of the appellant’s originating summons fails to disclose a reasonable cause of action as to vest the appellant with the requisite locus standi.

    “While the courts have a duty to ensure that genuinely aggrieved citizens are not shut out, this does not entail entertaining hypothetical and academic issues as contained in the appellant’s originating summons.

    “The power conferred on the courts by Section 6(6) of the Constitution must be deployed to resolving real disputes and attending to genuine grievances.

    “It does not extend to the consideration of academic and hypothetical questions and issues,” Justice Oyewole, in the lead judgment, said.

    On whether the cost of N100,000 awarded against the appellant was excessive and meant to punish him for daring to apply to the court for interpretation of the extent of his fundamental right, the appellate court resolved the two issues against Ekpenyong.

    Justice Oyewole held that costs are awarded at the discretion of the court which discretion must be exercised judicially and judiciously.

    According to him, where the exercise of discretion was lawfully made, an appellate court cannot interfere.

    He agreed with the respondents that the award of cost by the lower court was not punitive, arbitrary or in any manner unlawful.

    “Costs follow events and a public interest action found to be fabulous cannot escape the payment of costs simply on account of being a public interest action.

    “I therefore see no basis to interfere with the award of costs made in this instance and I also resolve this issue in favour of the respondents and against the appellant.

    “In totality, this appeal lacks merit and it is accordingly dismissed.

    “Cost of N250,000.00 is awarded in favour of the respondents and against the appellant,” Justice Oyewole declared.

    Although the judgement was delivered on March 27, 2024, its certified true copy was made available to newsmen on Wednesday in Abuja.

    Other members of the panel include Justices Abba Mohammed and Peter Obiorah.

    It would be recalled that Ekpenyong, a Nigerian citizen and legal practitioner, had appealed against a judgment delivered on May 6, 2022, by Justice Nkeonye Maha of a Federal High Court, Abuja Division.

    In the appeal number: CA/ABJ/1200/2022, the lawyer listed the President, Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as 1st and 2nd respondents.

    The appellant prayed the Appeal Court to allow the appeal and set aside the whole judgement.

    Justice Maha, who dismissed the suit, held that Ekpenyong failed to present sufficient facts in proof of the case.

    She, therefore, dismissed it for lack of reasonable cause of action against the defendants (President and AGF) and awarded a cost of N100, 000.00 against the plaintiff.

    In the suit, Ekpenyong alleged that the wanton loss of human lives in Nigeria in recent times has put him as a “person” described under Section 33 (1) of the Nigerian Constitution in reasonable apprehension that his right to life under Section 33 (1), Chapter IV of the Nigerian Constitution is likely to be contravened.

    In the originating summons marked: FHC/ABJ/CS/755/2020 dated and filed July 10, 2020, the plaintiff submitted six questions for determination.

    Ekpenyong urged the court to determine whether his right to life enshrined in Section 33 (1) of Nigerian Constitution “means the protection of the plaintiff’s life beyond mere physical and animal existence and extends to the right to live a meaningful, complete and dignified life?

    “Whether the plaintiff’s right to life enshrined in Section 33 (1) of the 1999 Constitution prohibits any unlawful acts of omission or commission by the Nigerian state, Nigerian police, other law enforcement agents and private individuals which are capable of terminating the plaintiff’s life?

    He then sought an order of mandatory Injunction compelling the defendants to take immediate steps to overhaul and reform the Nigerian police and other law enforcement agencies to incorporate forensic science in their criminal investigations to address extra-judicial killings by both state and non-state actors.

    He said this would also help to ensure that every unlawful death committed are thoroughly investigated and the culprit arraigned before a court of competent jurisdiction, among other reliefs.