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Bawa: CASER asks AGF Fagbemi to stop DSS’s continued detention of Ex-EFCC Chairman

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The Citizens Advocacy for Social and Economic Rights (CASER) has urged the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi SAN, to stop the Department of State Services (DSS) from perpetually keeping the suspended Chairman of the Economic and Financial Crimes Commission (EFCC) in detention.

The group described his continued detention as an abuse of political power by the federal government.

Frank Tietie, Executive Director and Lead Advocate of CASER, in a letter to the AGF, a copy of which was made available to the National Update, said the development as illegal.

Recall that Bawa had turned himself in at the DSS facility in June after he was suspended by President Bola Tinubu.

Before his suspension, he had said the anti-graft agency was tracking the former Governor of Zamfara State Bello Matawalle over allegations of diverting public funds to the tune of N70 billion.

The ex-governor had equally replied to Bawa, accusing him of seeking $2 million bribe for his investigation to be stepped down.

Matawalle is now the Minister of State, Defense, while Bawa is still being detained with no reported formal charge instituted against him in any court of competent jurisdiction as of the time of this report.

It was gathered that a detention order was obtained from a court to keep Bawa,, and he has spent about 2 months with no arraignment or freedom.

Tietie stated that as a responsible civil society organization that has worked closely with the Nigerian government to promote human rights and good governance, Bawa’s detention by the DSS is unjustifiable and can only be described as a persecution.

“Thus, Bawa was suspended by President Bola Ahmed Tinubu without any cogent reason, arrested by the Department of State Services (DSS) and has been illegally detained without any charges for more than 65 days and counting, clearly beyond the time and period allowed by the Nigerian Constitution.
“This is unacceptable and clearly smacks of political vindictiveness that is antithetical to the fight against acts of corruption and financial crimes by politically exposed persons (PEPs), many of whom were being investigated by the EFCC under Bawa’s watch but have now been rewarded with more fabulous political appointments.

“At the same time, Bawa is kept in illegal detention without being charged to court. What an ironyi!,”he wrote.

While congratulating Lateef on his inauguration as AGF, he urged him to use his position to stop the continued detention of Bawa.

The letter reads further, “We at CASER have long waited in solid anticipation for the appointment of an Attorney General of the Federation to provide a sense of legal sanity in the Nigerian law enforcement environment, which has had a reputation for disregard for basic human rights standards and utter disrespect for a legal order that guarantees the peace, good governance and steady development of Nigeria.

”Who, therefore, does the continued detention of Bawa serve? Is it to protect politicians who should have been facing prosecution for corruption and abuse of office but have now been elevated to high political office?

“This ongoing violation of Bawa’s fundamental human rights by President Tinubu’s administration is not only pushing the limits in competition with the previous administration of President Buhari, which was characteristically disobedient to court orders and cared less about the constitutional rights of individual citizens of Nigeria, but this administration is beginning on a note of vindictive oppression, repression and violation of the rights of perceived political enemies like Bawa, who was reported to have approved the Naira redesign that threatened the election of President Tinubu.

“Yet, he was only doing his job with the implied permission of then-President Buhari. Why then unjustly punish him out of no fault of his?

“These illegal and oppressive actions by the Federal Government against Abdulrasheed Bawa amount to a clear abuse of political power and misuse of state institutions like the DSS to unjustly detain and politically harass a Nigerian citizen they are meant to protect. And officials of the Federal Government do not know by now that what is being done to Bawa is wrong and that it may soon haunt them one day whether or not they are in public office if not checked and corrected, we trust that you should know because of your position as Attorney General of the Federation and your pedigree as a Senior Advocate of Nigeria, that there are usual highly negative and regrettable social, political and economic implications for a country like Nigeria when it is constantly perceived by its own citizens and the rest of the world that it does not guarantee a legal order that respects the rights of its citizens and an environment where local and foreign businesses can thrive with certainty.

“Consequently, we urge you to order the immediate release of Abulrasheed Bawa to end the current DSS’s reckless disregard for his rights. We make this demand in the public interest because we worry significantly that if the rights of highly placed persons like Bawa could be violated with impunity and crass disregard for known constitutional standards, what would then become of the rights of ordinary Nigerians?

“These forms of injustice must never happen under your watch and advice as the Federation’s chief law officer in exercising your powers in the public interest. Therefore, we are quick to remind you as observers of history and to note with the greatest respect and caution that when temporal justice is twisted by its custodians, retributive justice will one day prevail.”

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Court remands man over sodomy with 2 sons

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Court remands man over sodomy with 2 sons

By Friday Idachaba, Lokoja.

A Lokoja Chief Magistrate Court has remanded a middle aged man, Dan Sokoto Shaibu in Federal Correctional Centre, Koton-Karfe for allegedly indulging in sodomy, (Homosexuality) with his two biological sons.

The Chief Magistrate, Memunat Abdullahi of Lokoja Chief Magistrate II gave the order in a preliminary ruling upon arraignment of the accused person in the court.

The prosecuting Police Officer, Gabriel Otowu Esq. who is also the Officer-In-Charge, Legal matters (OC-Legal) at Kogi Police Command while reading the First Information Report (FIR) said the accused had serially abused the two underaged children.

He said that the Shaibu had over time, indulged in annal sexual intercourse with his two biological sons, Abubakar, 17 and m Habeeb, 11 in their house.

He said that the act was country to and punishable under Section 292 of Kogi State Administration of Criminal Justice Law.

The Prosecuting Counsel, Otowu, in his submission said investigation into the matter was on-going and therefore, presented a motion urging the court to remand the accused in the Federal Correctional Centre Koton-Karfe.

Otowu who supported the motion with a 7-paragraph affidavit and Form 8 as required by the Law, argued that the court had jurisdiction to hear the case.

The OC Legal said that there was need to remand the accused in prison custody to check his possible interference with police investigations.

He urged the court to grant the application saying that it would enable the police to carryout thorough investigation into the matter.

The accused, Dan Sokoko Shuiabu who pleaded guilty to the charge, confessed that he committed under the influence of alcohol.

He said that he was married to four wives three of whom divorced him while he lost the last one to cold hands of death adding that his first daughter was already married with three children.

Chief Magistrate Memunat Abdullahi in her preliminary ruling, held that having perused the exparte motion and the supporting affidavit she had no choice than to grant the application.

She therefore ordered the remand of the accused in the custody of Federal Correctional Centre, Koton-Karfe and adjourned to September 9th, for hearing. (Ends)

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Tension builds as Court delivers landmark ruling in Yahaya Bello vs EFCC suit

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Yahaya Adoza Bello

There is palpable tension following a landmark ruling by the Court of Appeal ordering former Kogi State Governor Yahaya Bello to present himself for arraignment and face fraud charges.
The court also barred Bello from taking any further steps to halt the charges unless he is arraigned by the Economic and Financial Crimes Commission (EFCC).
The ruling is coming following Bello’s perchance for evading arrest and refusing to appear in court, attempting to have the case relocated to Kogi State, or stalled due to technicalities.

The Court of Appeal’s decision puts an end to Bello’s efforts to delay or relocate the trial, requiring him to appear in court to answer to the fraud charges concerning his actions as governor from 2015-2023

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Imo Guber: LP tells S/Court to act decisively, uphold electoral laws, cancel polls

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The Labour Party (LP), on Monday urged the Supreme Court to act decisively to uphold the electoral laws by cancelling the results of the 2023 Imo Governorship election, as announced by the Independent National Electoral Commission (INEC).
The National Publicity Secretary of the party, Obiora Ifoh, who gave the indication om Monday at a news conference in Abuja said the Party’s search for justice is in the greater interest of the people of Imo State and democracy.
Recall that the Court of Appeal Abuja, had dismissed the appeal by the Labour Party and its candidate, Athan Achonu for lack of merit.
It also dismissed the Appeal by the Peoples Democratic Party (PDP) and its candidate Samuel Anyanwu and the Allied Peoples Movement (APM) for also lacking in merit.
The appellants who were dissatisfied with the tribunal Judgment, had approached the court of appeal on grounds that the November 11, 2023 election, was invalid because of non-compliance with the provision of the Electoral Act.
The appellants also challenged Uzodimma’s qualification with an allegation that his WAEC Certificate of Education result, was forged.
But the court of appeal held that the appellants in their appeal, failed to prove the allegation of non-compliance as alleged.
The three-man panel led by Justice Bitrus Sanga also held that the appellants failed, to prove that the governor submitted a forged certificate.
continuing Ifoh at the conference said, “The importance of justice in the governance of Imo State cannot be overstated.
“Labour Party and its candidate in the November 2023 governorship election in Imo state, Senator Athan Achonu have one more chance in the Supreme Court to right the wrongs meted to the Imo electorates who are forced to tolerate a government they never wished for themselves.

“Recall, also that in 2020, Imo state was a victim of controversial decision that dramatically altered the political landscape of the state.

“Despite clear evidence of over-voting, which should have led to the cancellation of the election, the court handed the governorship to a candidate in the face of over voting.

“These decisions in both 2020 and 2023, not only contradicted the principles of fairness and transparency but also set a dangerous precedent that undermines the integrity of our electoral process.

“As we approach another Supreme Court judgment, the question of over voting rears its head again.

“If it scales through again, it means that over voting will become an unwritten law of electoral jurisprudence in Imo state.

“It is therefore imperative that the Supreme Court corrects this miscarriage of justice. The future of Imo State’s development hinges on the rule of law and the public’s trust in our judicial system.
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“A just and fair resolution in the current case before the court will not only restore confidence in our democracy but also pave the way for genuine progress and development in Imo State.

“The people deserve a leadership that truly reflects their will, and the time for justice is now. “

Giving insights into why the party took the matter to the highest court in the land, Ifoh said, “First, the integrity of the electoral process is the cornerstone of any democracy, and in Nigeria, our electoral laws are designed to ensure that the will of the people is accurately reflected in election outcomes.

“Unfortunately, in the case of the recent Imo State governorship election, these laws were blatantly disregarded by both the election tribunal and the appeal court, leading to a grave miscarriage of justice.

“The issue at hand is clear: the total number of certified accredited voters for November 2023 governorship election, as certified by INEC, was just over 500,000.

“However, the total votes counted, which was used to declare the candidate of APC winner exceeded 700,000, resulting in an over-voting discrepancy of more than 200,000.

“We had raised this issue during the election as we had clear evidences of abuse of electoral practices including falsification and mutilation of result sheets, harassment of the Labour Party’s agents, snatching of ballot boxes and open vote buying.

“According to Section 53 of the Electoral Act 2010 (as amended), any election marred by over-voting should be canceled.

“This provision is unambiguous and does not leave room for alternative interpretations. The law was crafted to protect the sanctity of the electoral process and ensure that elections are free, fair, and reflective of the voters’ true choice.

“Regrettably, despite the overwhelming evidence of over-voting, both the election tribunal and the appeal court failed to apply this clear legal standard.

“ Instead, they chose to validate an election result that is fundamentally flawed and legally indefensible.

“This is not just a violation of the law but also a profound injustice to the people of Imo State, who deserve a leadership that genuinely reflects their will.

“The situation is eerily reminiscent of the Supreme Court’s controversial decision in 2020, where a similar issue of over-voting was overlooked, leading to the installation of a candidate who had initially placed third.

“Such judicial oversights undermine public confidence in the electoral system and threaten the very foundations of our democracy.

“The Supreme Court now has the opportunity to correct this injustice and restore faith in our legal institutions by upholding the law as it is written—clear, unambiguous, and without room for further interpretation.

“In yet another clear instance of miscarriage of justice, the petitioners in the Imo State governorship case faced significant obstacles in accessing crucial evidence, specifically the BVAS (Bimodal Voter Accreditation System) devices.

“Despite making formal requests for over 4,000 BVAS units, which were essential to prove their case of electoral malpractice, the petitioners encountered deliberate delays and obstructions.

“Only 30 BVAS units were eventually provided, and even then, only for partial inspection.

“Of utmost importance is that fact that the Imo State election took place in only 4,720 out of 4,758 polling units in Imo State.

“Labour Party has also noted that the direct implications of these rape on democracy could be the inability of the Imo citizens to submit and subject themselves to the present government which they believe was imposed on them.”

The LP Spokesman described the last four and half years of the Senator Hope Uzodinma administration as a disaster.

He reiterated that the socio -economic crises in the state assumed a dangerous height under his rule.

Ifoh maintained that under his rule, criminality has become the order of the day and the economic potentials of the state have completely frozen and the state has the inglorious record of being the worst in terms of infrastructure in the entire South East.

Speaking on what Imolites and the Labour Party expect from the court, Ifoh said, “The Supreme Court is expected to act decisively and uphold the electoral laws.

“Given the clear evidence of over-voting, which invalidates the election results according to the law, the Court should order the cancellation of the flawed election and mandate a fresh governorship election in Imo state.

“This action is essential to restore public trust and uphold the integrity of the judicial system.”

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