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Alleged Money Laundering: REA Director, Others shun court summons

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Donnington Nigeria Ltd has dragged Mr Ahmad Salihijo Ahmad, Managing Director and Chief Executive Officer, Rural Electrification Agency (REA), and others to a Federal High Court, Abuja on criminal charges bordering on breach of the Money Laundering Act.

Ahmad (2nd defendant) was sued alongside a company, Velocity Logistics & Marine Limited (1st defendant), where he was alleged to be a director and shareholder, on a 12-count charge before Justice James Omotosho.

In the charge marked: FHC/ABJ/CR/175/2023 dated and filed May 4, Ahmad was alleged, in one of the counts, to have aided Velocity Logistics, a designated non-financial institution, between Jan. 2014 to Jan. 2018 in failing to report in writing, to the Economic and Financial Crimes Commission (EFCC) any lodgement or outflow transaction from the company’s Zenith Bank account number: 016639377 of the sums above N5 million as required under Section 10(1)b of the Money Laundering Prohibition Act, 2011 (as amended) and thereby committed an offence under Section 18(a) of the said Act and punishable under Section 16 (2)(b) of the same Act.

Donnington Nigeria Ltd, the complainant, also filed three different charges against three other companies and their directors.

In charge number: FHC/ABJ/CR/183/2023, the complainant, suing on Federal Government’s behalf, preferred 20 counts against Winslow Logistics Ltd and Mr Alkali Habib, a director and shareholder.

In charge number: FHC/ABJ/CR/176/2023, Sahams Crystal Investment Ltd and Abdulmumini Haruna are being sued on 14 counts also bordering on money laundering infractions.

Donnington also filed 10-count charge marked: FHC/ABJ/CR/183/2023 against Equip Logistics Services Limited and Edwin Iyk Anyadigibe, its director and a shareholder for failure to comply with the requirements of submitting to the Federal Ministry of Industry, Trade and Investment, a declaration of the activities of the company contrary to the money laundering act, among others.

Upon resumed hearing in the matter on Monday, Counsel to the complainant, Ugbede Idachaba, indicated that the matter was scheduled for the arraignment of the defendants.

However, the REA’s MD who is also the director of Velocity Logistics and Marine Ltd, Mr Ahmad, and others were not in court.

Lawyers to all the defendants, including Mohammed Ndarami, SAN, who represented Ahmad and Velocity Logistics, and Victor Opera, SAN, who appeared for Equip Logistics, urged the court to dismiss the suits for being incompetent.

They said the charges filed against their clients were incompetent and that the court lacked the jurisdiction to hear the suits.

Ndaram, who said a preliminary objection was filed on June 16, informed that the defendants were not in court because they went on Hajj.

Justice Omotosho adjourned the four suits until June 26 for arraignment and for hearing of the preliminary objections filed by the defendants.

Speaking with newsmen shortly after the proceedings, Opara said a preliminary objection to challenge the jurisdiction of the cour had already been filed

According to him, our conception is that the whole charge is incompetent and we have challenged the jurisdiction of the court to entertain the charge as constituted, instituted and prosecuted.

Recalled that Donnington Ltd, in its arguments, said though there had been a long-held rule that a private citizen cannot institute and prosecute crime in Nigeria except with the consent and authorisation of the Attorney-General of the Federation, it said that “the rule has been overruled by the 2022 decision of the Supreme Court in the case of RAPHAEL OBIJIAKU Vs CHIEF JOE OBIJIAKU & 2 ORS (2022) 17 NWLR (PT. 1857) 377 at 405 Paras E- F.”

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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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