Law
Court adjurns to Oct. 4th to hear pending motions in alleged Money Laundering against REA Director, Others
A Federal High Court in Abuja on Monday adjurned a case on an alleged money Laundering to October 4th to hear pending motions filed by parties in criminal charges against Mr Ahmad Salihijo Ahmad, Managing Director and Chief Executive Officer, Rural Electrification Agency (REA), and four others.
The presiding judge, Justice James Omotosho, fixed the date for parties to exchange their processes and argue their case on all the pending applications in the next adjourned date.
Donnington Nigeria Ltd., Federal Government’s had filed four separate charges bordering on breach of Money Laundering Act before the judge on behalf of the Federal Government
While Donnington Nigeria Ltd is the complainant, Velocity Logistics & Marine Limited and Ahmad are 1st and 2nd defendants in the charge marked: FHC/ABJ/CR/175/2023.
The complainant alleged that Ahmad aided Velocity Logistics, a designated non-financial institution, between Jan. 2014 and 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.
This, it said, 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.
The complainant, while prosecuting the matter, also filed three different charges against three other companies and their directors.
In charge number: FHC/ABJ/CR/183/2023, the complainant 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.
The prosecution 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.
When the matter involving Velocity Logistics and Ahmad was called, the prosecution counsel, Reuben Atabo, SAN, informed the court that the case was scheduled for arraignment and hearing of preliminary objection.
Atabo, who observed that the defendant was not in court, told the court that the defendant lawyer served them with their notice of preliminary objection on Friday and that they had to work all through weekend to ensure their response was ready.
The senior lawyer said their response, which was yet to be in the court record, would be filed today.
Justice Omotosho held that even if the defendant was in court, the motion challenging the jurisidtcion of the court had to be determined.
Lawyer to the defendants, Abdul Mohammed, SAN, called the court’s attention to media report of the last adjourned date.
Justice Omotosho, who advised lawyers in the matter to be careful of what they relate to public, adjourned the matter until Oct. 4 for hearing of pending applications, including other three sister cases.
Speaking with newsmen shortly after the sitting on the alleged use of media against the defendants, Atabo, who represented the prosecution, said the public had the right to know what transpired in court.
“It is the constitutional rights of the public for them to be aware of what transpired. Court is not a cult where what transpired should be restricted to the courtroom alone.
“But whatever transpired must be properly published to the public. Once that is done, no right of anybody would have been violated. It is part of fair hearing,” he said.
Also, speaking on why the defendants were not in court, Victor Opara, SAN, who appeared for Equip Logistics Services Limited and Edwin Iyk Anyadigibe, said every defendant would certainly face his trial any day.
Opara, however, said that if there were germane issues to be sorted out by the court before issues of arraignment would come into place, “then most necessarily, those issues have to be sorted out and actually adjudicated upon as it were.”
Law
EFCC Grants Bail to Two Kogi Officials, wants Yahaya Bello’s Fraud Case adjurned
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.
Law
Appeal Court Sacks MC Oluomo as NURTW National President, Reaffirms Baruwa’s Leadership
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.
Law
Supreme Court Rejects States’ Legal Challenge to EFCC’s Constitutionality
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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