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Group seeks revocation of Post-conviction controversial bail granted Senator Akpan

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President Muhammadu Buhari and the National Judicial Council should order investigation into a “controversial bail” granted to Senator Bassey Albert Akpan (YPP – Akwa Ibom North-East) after being convicted for fraud, a Civil Society Organization (CSO) has said

The Senator was sentenced to seven years imprisonment on each of the six-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC) by a Federal High Court sitting in Uyo on December 1, 2022

The Co-Convener of the CSO, Professionals for Integrity and Good Governance, Mr. Morris Alozie, made the call at a press conference in Abuja.

The text of the press conference was titled: “The release of Senator Albert Bassey from prison: A ridicule of Nigerian legal system and a call for revocation of his bail.”

Alozie in his presentation described the bail as a setback for the fight against corruption in the country if allowed to stay.

He insisted that even though Akpan was allegedly granted bail on the basis of ill health, he has continued to engage in hectic and physically exacting political activities and sports thereby making the reason for his bail highly suspicious and questionable.

He said: “We therefore: Call on President Muhammadu Buhari to cause an investigation into the circumstances leading to the
removal of Senator Bassey from Ikot Ekpene Custodial Centre to a hospital in total disregard to the provisions of the law, an act that derails his fight against corruption, and bring to book the perpetrators of this dastardly act.

“Call on the National Judicial Council to cause investigation to be carried out on Hon. Justice S. I. Mark for granting bail to Senator Bassey on legally untenable and suspicious grounds.

“Call on the Attorney General of the Federation and the Chairman of the Economic and Financial Crimes Commission (EFCC) to commence in earnest the process of appealing against the decision releasing Senator Bassey forthwith in accordance with the avowed stance of the present government against corruption.

“Since Senator Bassey is fit to play golf, he is also fit to remain in prison, a more relaxing and resting place, for an egregious crime of money laundering he committed.

“Allowing Senator Bassey to work scot-free paints our legal system in bad light and gives an impression that there is no consequence for bad behaviour especially after the court has found the person guilty.”

He noted that after the conviction, Akpan was taken to the Ikot Ekpene Custodial Centre, to serve his prison term.

Alozie added: “The development was lauded by fair-minded individuals in the society as it marked a quantum leap in the fight against corruption.

“Disturbingly, after the conviction, Senator Bassey only spent few days at a Custodial Centre as he was moved to hospital by prison officials in controversial circumstances and in total disregard of the conditions set in section 25(1) of the Nigerian Correctional Service Act, 2022, which requires that before an inmate is removed to a hospital, such an inmate must be seriously ill, a medical officer of the centre must certify to the ill-health, and there is no suitable accommodation at the Centre.

“Senator Bassey was not seriously ill, the Centre’s medical Officer did not certify his purported ill-health and Ikot Ekpene Custodial Centre, which is regarded as one of the best prison facilities in West Africa, has a suitable accommodation.

“Furthermore, the senator rushed to the Federal High Court, Port Harcourt Judicial Division, even though he was convicted at the Uyo Division and sought for bail on the excuse that he has been battling with longstanding ailments (hypertension and diabetes) for 14 years.

“Questionably, the court presided by Hon. Justice S. I. Mark granted Senator Bassey bail contrary to judicial decisions of superior courts against granting of bail in such circumstance(s).

“Just few days ago, the apex court, the Supreme Court, refused granting post-conviction bail to Senator Peter Nwaoboshi jailed for two-count charge of fraud despite his persistence, a further indication of the error in Justice Mark’s decision to grant Senator Bassey bail.

“The rapidity and swiftness at which the court granted the bail application is alarming and suspicious.

“It took a span of 8 working days for the application to be filed, served on parties, argued, heard and determined by the court.

“The bail application was filed on the 16/12/2022 and ruling delivered on the 28/12/2022. Very uncommon!

“We state unequivocally that the medical excuse deployed to grant Senator Bassey bail is untenable at law.

“Many inmates in different Custodial Centres in Nigeria are suffering from some ailments that are more debilitating than that of Senator Bassey, but they have not been granted bail, let alone their bail applications being heard.

“Many sick inmates in critical conditions have been refused bail by the court, especially after their conviction, given that conviction depletes the veil of innocence generally conferred on a defendant or accused person before conviction by the Constitution.

“The release of Senator Bassey from prison once again brings to the fore the two ambiguous legal systems we operate in Nigeria: one, which serves the rich, high and mighty, and the other, which disservices the poor.

“It questions the very foundation of our legal system which the Constitution stipulates that it is hinged on social justice and rule of law.

“Where is social justice and rule of law when a similar application for bail would be refused from one party but granted in the case of another party?

“It will probably be fitting to nickname our nature of legal system ‘a game of law’ since set down rules and standards no longer matter.

“The premise for which Senator Bassey was granted bail was ill-health. After his release, one would have expected Senator Bassey to be resting or in the hospital.

“Alas, the reverse is the case. Since his release, he has been going about his normal businesses.

“He has been playing golf, attending political meetings, addressing supporters (physically and virtually), and engaging in other functions.

“Specifically on January 2, 2023, he played a round of 18 holes of golf at Ibom Golf Course accompanied by more than 13 mobile police men who made sure no one could take a photograph of the convict.

“Pointedly, just yesterday (Sunday, 29, January, 2023), Senator Bassey attended and actively participated in the Akwa Ibom State Governorship Live Debate on television, which lasted for over two hours. This is a supposedly sick person who was granted bail because of ill-health.

“Assuming without conceding that granting bail to Senator Bassey was justifiable, the basis for which he was granted bail no longer exist.

“He is well and whole at the moment. It takes a healthy person to engage in leisure, play golf, participate in debate, etc.

“On the other hand, rest is the best antidote to any sickness, and prison is the best place for rest, relaxation and idleness. If Senator Bassey is sick, prison is the best avenue for him to rest.

“The release of Senator Bassey ridicules our legal system in the eyes of the international community and massively derails the fight against corruption, which is the mainstay of President Buhari’s administration.”
In a reaction from Akpan’s media aide, Victor Essik
Kindly ignore the group. They are idle political jobbers who should be concerned about the massive unemployment and unconscionable debt burden Udom government is leaving behind.

Senator Akpan was duly granted bail by a competent court of law on health grounds, and since then he has been attended to by his doctors. He has never attended a political campaigns as his wife and his campaign organisation, Akwa Ubok Abasi Campaign have been embarking on campaigns while his doctors have been attending to him.

The group’s action is a panic call given the fact that the governor’s stooge, Umo Eno, continue to loose credibility and support of the people given many legal hurdles and moral crises hanging on his neck.

Senator Albert only participated in the recent debate governorship candidate online from his house on doctor’s instructions, so he is not breaching any conditions for his bail.

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EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned

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The Economic and Financial Crimes Commission (EFCC) has granted administrative bail to two co-defendants, Umar Oricha and Abdulsalami Hudu, in a fraud case involving former Kogi State Governor, Yahaya Bello. The case, centered on charges of fraud totaling N101.4 billion, has been adjourned until November 27, 2024, by the Federal High Court in Abuja.

At the hearing before Justice Maryann Anenih, EFCC Counsel Jamiu Agoro requested an adjournment, noting that the 30-day compliance period for Bello’s summons, issued on October 3, had not yet expired. Agoro explained that the November 20 court date was inconvenient for the prosecution, and that seeking an arrest warrant would be premature as Bello still had a few days to respond to the summons.

Both the second and third defendants’ legal representatives supported the adjournment request.
Following this, Justice Anenih approved the EFCC’s request, extending the deadline for Bello’s appearance and authorizing service of the hearing notice to be sent to his last known address.

In a parallel development, the Federal Capital Territory (FCT) High Court in Maitama ordered a hearing notice to be posted at Bello’s residence on Benghazi Street, Wuse Zone 4, Abuja, and on the court’s notice board.
This step follows multiple missed court appearances by Bello since the public summons was issued, urging him to appear for arraignment on 16 counts related to the alleged fraud.

Justice Anenih emphasized the importance of due process, setting November 27, 2024, as the final date for Bello’s court appearance. This case has drawn attention to the EFCC’s efforts to enforce accountability among high-profile figures in Nigeria amidst allegations of large-scale financial mismanagement.

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Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership

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Musiliu Akinsanya

In a significant development, the Court of Appeal has annulled the appointment of Musiliu Akinsanya, popularly known as MC Oluomo, as the National President of the National Union of Road Transport Workers (NURTW).
The ruling upheld a previous ruling by the National Industrial Court, which had already recognized Tajudeen Baruwa as the rightful leader of the union.

The legal dispute surrounding the NURTW’s leadership has been ongoing, with tensions escalating within the organization.
Despite the court’s ruling in favor of Baruwa, MC Oluomo was recently elected by the Southwest Zone of the union during the Quadrennial Delegate Conference held last week in Osogbo, Osun State.
This election took place amid growing concerns and disputes within the union’s regional factions.

The Appeal Court’s decision is expected to settle the leadership question, restoring Tajudeen Baruwa’s position as the legitimate National President of the NURTW.
However, the union faces potential challenges in maintaining unity across its various regional branches, as supporters of MC Oluomo continue to advocate for his leadership.

This ruling marks a pivotal moment for the NURTW, as it works to stabilize its governance and address internal divisions that have led to several controversies and disputes over recent years.

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Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality

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The Supreme Court of Nigeria has thrown out a lawsuit brought by several state Attorneys General challenging the constitutional validity of the Economic and Financial Crimes Commission (EFCC). The case, led by Kogi State, questioned the EFCC Act, arguing that it bypassed constitutional requirements regarding international treaties.

The seven-member panel, headed by Justice Uwani Abba-Aji, ruled unanimously to reject the lawsuit, deeming it without merit. Kogi State’s counsel, Mohammed Abdulwahab, SAN, argued that the EFCC Act’s incorporation of the United Nations Convention Against Corruption was unconstitutional, as the law had not received approval from a majority of state Houses of Assembly, as required by Section 12 of the 1999 Constitution. This, he claimed, invalidated the EFCC Act and similar anti-corruption laws.

The plaintiffs also contended that the EFCC and NFIU lacked the authority to investigate state or local government funds, accusing the agencies of encroaching on state powers. Abdulwahab sought a court ruling to nullify the creation of these agencies, arguing it would prevent a potential constitutional crisis.

Attorney General of the Federation, Lateef Fagbemi, SAN, defended the EFCC, asserting that dismantling Nigeria’s anti-corruption agencies would harm the nation’s efforts to combat financial crimes. He argued that the National Assembly has the authority to create laws applicable nationwide to address corruption.

The court ultimately upheld the EFCC Act, ruling that the National Assembly’s legislative powers on corruption are valid and enforceable across all states. Justice Abba-Aji noted that Kogi’s revelations about state officials being investigated exposed ulterior motives behind the lawsuit, describing it as an attempt to shield certain officials.

“No state has the right to enact laws that contradict the statutes passed by the National Assembly,” Justice Abba-Aji said, delivering the judgment. The court dismissed the suit in its entirety, reaffirming that the EFCC Act and other federal anti-corruption laws remain constitutional and enforceable across Nigeria.

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