By Biola Lawal

Abuja (Flowerbudnews): Justice Emeka Nwite of the Federal High Court, Abuja on Thursday adjourned the arraignment proceedings of a former governor of Kogi State,  Yahaya Adoza Bello to June 27,  2024.

The adjournment followed discrepancies between the EFCC and defence counsels on the actual date of Bello’s appearance in court for his arraignment,a statement by Dele Oyewale, EFCC Spokesman has disclosed.

While defence counsel,  Adeola Adedipe,  SAN,  told the court that EFCC  lead counsel,  Kemi Pinheiro, SAN, requested for a new date owing to the fact that the June 13 date was not convenient for him,   Rotimi Oyedepo,  SAN, one of the prosecution counsels  denied any request for a new date of arraignment.

Addressing the court on the issue,  Oyedepo said the matter was adjourned till June 13, 2024 at the last sitting of the court.  “With due respect to my learned friend, I think this court deserves respect.. .

Attempting to rob the officers of the court, as well as a desperate attempt in describing the prosecution team as one whose house is scattered, is quite unfortunate coming from my learned colleague.

At the last adjourned date, Mr. AbdulWahab, SAN, was here, myself leading the prosecution team and he, Adedipe. We were all here, and the record of my Lord will show that the matter was adjourned in an open court and on record.

Continuing,  Oyedepo stated that,  “My Lord, the defence made an undertaking to produce the defendant today, so my Lord,  assuming that there was any conversation between the defence and the prosecution to adjourn the matter, the main issue of today is the appearance of the defendant, but they refused to bring him to court.

Instead of admitting to this, he is bringing the prosecution into it. I’m appealing that the court should not entertain any application from them till they bring the defendant or show where he is and stop blaming us and the officers of the court, and also apologize to us and the court for not bringing their client to court,”

Meanwhile, Adedipe apologized,  saying; “If there’s any misrepresentation, I apologize and take full responsibility. I apologize to the court that the defendant is not here, and I equally apologized to the prosecution, but it was based on the agreement of the lead counsels. So I’m applying the matter to June 27, 2024.

Oyedepo thereafter accepted the apology while urging the court to capture it on record that the defence apologized and to make them produce the defendant to take his plea on the next adjourned date.

After listening to both counsels, Justice Nwite adjourned the matter till June 27, 2024 for Bello to appear before the court to take his plea.

The EFCC is prosecuting Yahaya Bello alongside his nephew Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80, 246, 470,089.88k (Eighty Billion, Two Hundred and Forty-six Million, Four Hundred and Seventy Thousand and Eighty-nine Naira, Eighty-eighty Kobo). Flowerbudnews

Flowerbudnews

A Federal High Court, Abuja, on Friday granted the application by the Economic and Financial Crimes Commission (EFCC) for the former Governor of Kogi, Alhaji Yahaya Bello, to appear in court for his trial.

Justice Emeka Nwite, in a ruling, held that the former governor ought to appeared before the court before making any application.

He insisted that even if the arrest warrant was illegally obtained, the defendant (Bello) should have still shown up in court.

It would be tracked that the judge had, on April 23, fixed today for the ruling on the former governor’s application to set aside the arrest warrant against him.

The EFCC’s lawyer, Rotimi Oyedepo, SAN, had, on April 17, moved the ex-parte application for the arrest warrant.

But Bello’s counsel, Adeola Adedipe, SAN, on April 23, prayed the court to set aside the arrest warrant against their client
.
He canvassed that the arrest warrant had become unnecessary since their lead counsel, Abdulwahab Mohammed, SAN, had accepted the service of the charge on behalf of the ex-governor.

He argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).

The senior lawyer argued that contrary to the submission of the lawyer who appeared for EFCC, Kemi Pinheiro, SAN, that the ex-governor must be in court first before any application could be entertained being a criminal case.

He said that the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it.

The lawyer submitted that the arrest warrant was issued in favour of the EFCC by the court in violation of fair hearing to their client.

He noted that the complainant made an application for substituted service on 18th day of April after the arrest warrant had been issued on 17th day of April and today, my noble lord granted it.

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.

He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.

He said for Bello to appear in court, he must have the notion that he would get justice.

Adedipe also argued that the EFCC was an unconstitutional body because its establishment was not ratified by the 36 states of the federation.

He said that for the EFCC to become a constitutional body, the 36 states of the federation must ratify the law establishing it as against the current position, that the EFCC Establishment Act was unilaterally ratified by the Federal Government.

He, therefore, asked the judge to vacate the arrest warrant against the former governor.

But Pinheiro vehemently opposed the application.

The senior lawyer argued that for the arrest warrant to be vacated, the former governor must be arraigned and take his plea in compliance with Section 396 (2) of the Administration of Criminal Justice Act (ACJA), 2015.

Delivering the ruling on Friday, the judge agreed with the argument of the EFCC.

He said that the order of court subsisted until it is set aside, even if there is irregularity.

The judge said Yahaya Bello’s staying away amounted to disregard to the sanctity of the court.

“Therefore, the application by the counsel for the defendant cannot be moved unless the defendant is present in court.

“Bello should come to court in his own not through EFCC for arraignment on the next adjourn date,” the judge declared.

Meanwhile, shortly after the ruling, Mohammed, who appeared for the former governor, informed the court of a motion on notice filed on May 9.

He said the motion prayed the court to stay further hearing of the alleged money laundering suit filed against Bello until the Court of Appeal decides a pending case relating to same matter.

The senior lawyer said the anti-graft agency had, by a motion ex-parte, got an order of the Appeal Court stopping the contempt proceedings filed by the ex-governor against the agency at the High Court sitting in Lokoja.

He said the appellate court had already fixed May 20 to hear the case.

He said it would be important the Federal High Court, Abuja awaits the outcome before going further with the trial.

But the EFCC’s lawyer, Oyedepo, disagreed with Mohammed’s submission.

In a short ruling, Justice Nwite refused Mohammed’s application.

The judge said that the matter had generated controversy all over the world and was unnecessary.

Reacting, Mohammed responded that the former governor was not afraid to come to court but was only afraid of his life.

Justice Nwite, however, said that Bello should not be misguided but should be advised to come and answer to the alleged charge.

“It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves.

“We thank lordship. We will take your admonition to him because that is just his fear,” Mohammed said.

He assured that efforts would be made to contact the former govenor to appear in court in the next adjourned date.

Justice Nwite consequently adjourned the matter until June 13 for arraignment.(NAN)(www.nannews.ng)

By Iyiola Olalere

The Tinubu Media Support Group (TMSG) has asked former Governor Yahaya Bello to heed the advice of the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi and submit himself to the Economic and Financial Crimes Commission (EFCC) and the courts of law to clear himself of allegations of financial malfeasance while in office.

This, according to the group, is because the commission has not, in any way, erred but doing its lawful job by asking the former Kogi State’s Governor to appear before it for questioning.

The group explained that EFCC is mandated by law to scrutinise and enforce accountability of persons in government positions, which is also in line with the anti-corruption policy of the President Bola Tinubu administration

In a statement jointly signed by its Chairman, Emeka Nwankpa and Secretary, Dapo Okubanjo, TMSG described the stand-off between the former Governor and the EFCC as unnecessary, saying it is an affront on the sanctity of the law and the integrity of the President’s war against corruption.

“We have carefully watched all the drama and subterfuge that continue to trail the invitation by the Economic and Financial Crimes Commission (EFCC) to Governor Yahaya Bello, a senior member of the ruling All Progressives Congress (APC) and the curious attempts to politicize the routine matter of the request by the graft fighting agency to ask former Governor Bello to meet with its investigators.

“For us, the intervention of the Attorney General of the Federation, Lateef Fagbemi, asking the former Kogi governor to subject himself to EFCC’s scrutiny is a clear signal in this regard, not only on the position of law, but also on the stance of the President Bola Tinubu administration on anti- corruption.

“It should be clear by now to all Nigerians that strict accountability in governance occupies a cardinal place in President Tinubu’s Renewed Hope Agenda. To serve this purpose, his government has shown zero tolerance to cases of corruption since assuming office.

“So the EFCC, by inviting the former governor Yahaya Bello, like it did with past and previous officials of the Ministry of Humanitarian Affairs and the immediate past Aviation minister, Hadi Sirika, is in tandem with its policy and character to nurture a culture of probity and accountability in governance.

“As a staunch member of our Party, we believe that Yahaya Bello has no reason to fear. It is a process that is not predetermined. We urge him to heed the advice of the Attorney General and make himself available to EFCC’s investigators as required by extant laws.

“We also advise members of the ruling party who have been up in arms against the anti- graft agency to be circumspect in their reaction to the issue.

“We see their anti-EFCC stance as a wrong signal and wonder what their response would be if opposition elements decided to constitute obstruction to invitation by the anti graft agency to former public officials who are not APC members.

“For us, Yahaya Bello owes it a duty to the state and the people he governed, if not to himself, to give account in line with our laws, and global best practices; it should not be seen as a witch hunt.

“So rather than running from the law, this is a unique opportunity for Bello to face it with a view to preserving his integrity and honour which may qualify him for higher national responsibilities in the future.” The statement added.

TMSG also urged the EFCC not to be deterred in its efforts at enthroning sanity, probity, and accountability in governance at all levels in the country.

*END*
[4/28, 1:09 PM] Mohammed Momoh: *PDP not in a position to advise President Tinubu on governance-The Democratic Front*

*PDP should stop dabbling into what they do not know – The Democratic Front*

A pro-democracy group,The Democratic Front (TDF) has said that the People’s Democratic Party PDP can not arrogate to itself to deliver on the nation’s economy having plunged it into ruins for good sixteen years.
“Imagine a political party that failed woefully and landed the country in its present parlous economic state now pontificating on efforts to revitalize the national economy as if they ever had any clue.

“Rather than bury their heads in shame because of the roles the former ruling party played in bringing the country to its knees, they are busy pontificating on the bold initiatives and reforms being initiated by President Bola Tinubu.

In a statement jointly signed by its Chairman Danjuma Mohammed and Secretary Wale Adedayo while reacting to the communique issued by PDP at the end of it National Executive Committee meeting, the TDF argued that the country has still not recovered from the mindless plundering of the economy in the PDP years.

it said: “The position of the PDP calls for outright condemnation and repudiation by every well-meaning Nigerian. If the party’s NEC had limited itself to its desperate but unrealistic bid to unify the dilapidating structures of a deeply divided political party, which the PDP has become, that communique would have attracted better attention.

“The absurdity and the manner the NEC members exhibited pretentious insensitivity to the tragic consequences of their Party’s 16 years of misrule resonates the role PDP played to hinder the growth and development of the Nigerian state.

“A political party which plundered Nigeria’s hard earned resources and brutally squandered its national patrimony for those lenghty years is expected to display remorse and responsibility on matters of economic revitalization and statecraft.

“Who will easily forget the ring-fencing of hundreds of state-owned companies and investments through an opaque privatization process, the massive diversion of oil revenue into private foreign bank accounts as well as the unconscionable sale and concession of the Nigeria power sector to unqualified and incompetent proxy companies.

“How about the loss of public funds under an alleged doubtful and dubious petrol subsidy regime, the deliberate neglect and abandonment of public infrastructure in the face of huge revenue earnings and allocations, and the flagrant disregard for the ethics of social democracy and the rule of law under the direct supervision of three PDP administrations? All these brought the nation down on its knees and unleashed poverty and economic misery on Nigerians.

“This litany of PDP’s failures and unprecedented maladministration will remain evergreen in our collective memory as a people. So it is egregiously ridiculous that PDP NEC members will cast aspersions on President Bola Tinubu highly performing economic team and asked him to reverse his impressively successful economic policies.

The group also used the opportunity to provide some insight into the gains of the Tinubu administration in the last few months.

“In less than a year of inception, the President’s economic team has pushed through policies that have led to increased revenue accruals into the Federation Account Allocation Committee (FAAC), better economic outlook and increased Gross Domestic Product (GDP) projection, a more stable naira against other currencies, increased foreign exchange inflows into the country.

“The prevailing security situation in the country is a testimony of how well the President has performed in ensuring the security of lives and properties since he came to power. The safe rescue of 137 school children that were kidnapped at Chikun Local Government Area of Kaduna State without payment of ransom, and the decline in the rate of insurgency, banditry, and kidnappings on the highways, particularly in the north, further showcases the outstanding achievements of President Bola Tinubu in the area of national security.

“We therefore urge President Bola Ahmed Tinubu and his economic team to remain focused and refused to be distracted by the PDP shenanigans.
Only the ongoing task of laying the solid foundation for genuine economic growth and political stability in Nigeria is worth your attention,” it added.

End

Flowerbudnews

Abuja: Former Governor of Kogi, Alhaji Yahaya Bello, on Tuesday, told the Economic and Financial Crimes Commission (EFCC) to stop harassing him and respect the rule of law

Bello gave the advice in a statement made available in Abuja by his media office signed by an officer, Michael Ohiare, in reaction to EFCC’s rebuttal on alleged disobedience to court order in the case filed against him.

The News Agency of Nigeria (NAN) reports that the anti-graft agency had, in a statement titled: “Re: Yahaya Bello: EFCC Never Disobeyed Court Order,” reacted to the allegation.

But reacting, Ohiare said that contrary to the commission’s claims, “official records and court documents relating to their hounding of Alhaji Yahaya Bello establish a clear timeline of events.”

He added that these documents were endorsed with dates and times of filing and payments, “which are endorsed on court processes – all of which testify to the true sequence of events.”

He said: “Our attention has been drawn to a publication/press statement with the above title, issued by the Economic and Financial Crimes Commission (EFCC) on Monday, 22nd April, 2024, and signed by Wilson Uwujaren, its Acting Director of Public Affairs.

“In the said statement, which the commission carefully circulated widely as usual, Mr. Uwujaren, who we have to believe is not a lawyer, continues the EFCC’s ongoing unconscionable lies against the former Governor of Kogi State, His Excellency, Yahaya Bello, CON, by labelling him as a fugitive from justice in order to disingenuously justify their established and willful patter of defying lawful court orders.”

Giving details of how the statement of the anti-corruption commission was allegedly untrue, Ohiare said in the first instance, EFCC had never invited the ex-governor formally.

“The EFCC claims to have invited Alhaji Yahaya Bello immediately after his tenure ended on January 27th, 2024.

“We challenge the EFCC to produce a copy of this invitation, including the delivery date and the recipient’s name/endorsement. We are confident they cannot provide this simple evidence,” he said.

On alleged preemptive charge:, he said prior to any alleged invitation, the EFCC amended Charge No. FHC/ABJ/CR/550/22 on Feb. 5, 2023, to accuse Bello of conspiring to convert over N80 billion of Kogi’s funds in September 2015.

According to him, this amendment listed Yahaya Bello as “still at large,” demonstrating a clear intention to arrest him.

On alleged impossible accusations, he said “the alleged timelines provided by the EFCC for its phantasmagorical allegations of crime against Yahaya Bello predates his Inauguration as Governor of Kogi State on January 27th, 2016.”

Besides, he said the second charge even attempted to correct the initial blunder and said the crime was committed in February 2016, less than a month after Bello became governor.

But Ohiare said the total Kogi budget in 2016 was significantly less than the sum alleged in the charges.

He said to protect his reputation and fundamental rights, the former governor filed fundamental rights enforcement action in Suit No. HCL/68M/2024 with the High Court of Justice, Kogi on Feb. 8.

He said court records, even from the EFCC, all substantiated this.

“The High Court granted an order restraining the EFCC from inviting, arresting, or prosecuting Alhaji Yahaya Bello pending the determination of the Originating Motion.

“This order was served on the EFCC on February 12th, 2024.

“Despite the order, the EFCC, represented by Senior Advocates Rotimi Oyedepo and J.S Okutepa, filed Charge No. FHC/ABJ/CR/98/2024 against Yahaya Bello on March 6th, 2024, in violation of the order.

“The EFCC’s ex-parte warrant is another false narrative,” he alleged.

Ohiare said the commission falsely implied that the EFCC sought a warrant of arrest only after the Kogi High Court’s ruling on April 17.

“This ruling was at about 2pm. Records will show that the motion was filed at 8:24 am on April 17th, prior to the ruling.

“And Nigerians would testify to the fact that, at that time, EFCC agents had already laid siege on his residence, attempting his arrest. These are clear occurrences that cannot be denied.

“The EFCC failed to present the warrant at Yahaya Bello’s residence.

“The warrant itself is invalid, being obtained in defiance of a court order and based on misleading statements, as Alhaji Yahaya Bello is a defendant and not a fleeing suspect or a suspect, having been charged.

“The judgment of the High Court of Justice, Kogi State, on April 17th, 2024, highlights the EFCC’s abuse of its statutory duties.

” We urge the public to denounce these unlawful transgressions until the EFCC undertakes a comprehensive reform of its practices

“In conclusion, it is clear that the EFCC is engaged in a campaign of intimidation and harassment.

“Alhaji Yahaya Bello is not afraid of the EFCC. His demand is that the rule of law be respected,” he said.(NAN)(www.mamnews.ng)

Flowerbudnews

A Federal High Court, Abuja, on Tuesday, fixed May 10 for ruling on an application by former Governor of Kogi, Alhaji Yahaya Bello, seeking an order of setting aside the April 17 arrest warrant issued against him.

Justice Emeka Nwite fixed the date after counsel for the Economic and Financial Crimes Commission (EFCC), Kemi Pinheiro, SAN, and the ex-governor’s lawyer, Adeola Adedipe, SAN, adopted their processes and presented their arguments in the motion.

The News Agency of Nigeria (NAN) reports that Justice Nwite had, April 17, issued an arrest warrant to EFCC for Bello’s arrest.

The order was made after lawyer to the anti-graft agency, Rotimi Oyedepo, SAN, moved the ex-parte application to the effect.

The EFCC had also, on April 18, made an application for a substituted service of its bundies of charge and proof of evidence against Bello after the ex-governor’s lead lawyer, Abdulwahab Mohammed, SAN, declined to receive the documents in the open court.

The judge then adjourned until today for ruling.

However, after the judge directed the EFCC to effect the service of the charge and proof of evidence on Mohammed, who announced an unconditional appearance for Bello in the last adjourned date, Adedipe therefore prayed the court to set aside the arrest warrant.

He argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).

The senior lawyer argued that contrary to Pinheiro’s submission that the ex-governor must be in court first before any application could be entertained being a criminal case, he said the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it

According to him, the complainant made an application for substituted service on 18th day of April after the arrest warrant had been issued on 17th day of April and today, my noble lord granted it.

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.

He argued that justice should be a three-way traffic; that is, justice to the prosecution, the defendant and the public.

He said for Bello to appear in court, he must have the notion that he would get justice.

But Pinheiro argued that for the arrest warrant to be vacated, the former governor must be arraigned and took his plea..{NAN)(www.nannews.ng)

======

Details later

Flowerbudnews

Former Governor of Kogi, Alhaji Yahaya Bello, on Tuesday, prayed a Federal High Court, Abuja to vacate the arrest warrant order issued to the Economic and Financial Crimes Commission (EFCC) against him on April 17.

Bello, through his lawyer Adeola Adedipe, SAN, made the application following an order by Justice Emeka Nwite, directing the EFCC to effect the service of the charge and proof of evidence on the ex-governor’s lead counsel, Abdulwahab Mohammed, SAN

The News Agency of Nigeria (NAN) reports that Justice Nwite had, earlier, ordered the EFCC’s lawyer, Kemi Pinheiro, SAN, to serve Mohammed, the leading counsel of Bello, with bundles of the charge and the proof of evidence in a ruling today.

The judge, who relied on provisions of Section 382(4) and (5) of the Administration of Criminal Justice Act (ACJA), held that Mohammed, who announced an unconditional appearance for the defendant, to receive the charge.

However, shortly after the ruling, Adedipe argued that the arrest warrant order, having been made before the charge ought to be set aside suo motu (on its own accord, without any request by the parties involved).

The senior lawyer argued that contrary to Pinheiro’s submission that the ex-governor must be in court first before any application could be entertained being a criminal case, he said the anti-graft agency also made an application on April 18 after the warrant arrest was issued to EFCC on April 17 and that the court granted it

According to him, the complainant made an application for substituted service on 18th day of April after the arrest warrant had been issued on 17th day of April and today, my noble lord granted it.

“The court must satisfy itself that the defendant (Bello) will not be prejudiced in fairness if the warrant of arrest continues to hang on his neck, having been made before service of the charge contrary to Section 394 of ACJA,” Adeola argued.

The matter is still ongoing as at the time of filing the report.{NAN)(www.nannews.ng)

Details later