Law
Kogi High Court adjourns ruling for Bench Warrant on SDP Deputy Governorship Candidate
By Friday Idachaba, Lokoja.
Kogi State High Court sitting in Lokoja has adjourned to October 23, for ruling on an Ex parte motion urging the court to issue a Bench Warrant for the arrest of the Social Democratic Party (SDP) Deputy Governorship candidate, Mr Sam Ranti Abenemi.
The trial Judge, Justice A.S. Ibrahim reserved the ruling after hearing submissions of the State Counsel and Kogi State Director of Public Prosecution (DPP), Badama Kadiri Esq and Counsel to the Defendant, Jibrin Samuel Okutepa (SAN).
In the Case No: HCL/112c/2023 between: The State – Complainant/Applicant and Sam Ranti Abeneml – Defendant, the state government alleged forgery of GCE O’Level certificate against the defendant.
Charged with Perjury, False Declaration, Use of False Documents as Genuine and Possession of Forged Record, the SDP Deputy Governorship candidate was said to have tendered a forged 1979 Ordinarily Level Certificate in his Form EC9 submitted to INEC.
The Prosecuting Counsel, said the offence was contrary to Sections 158, 164, 366 and 368 respectively of the Kogi State Penal Code.
According to him, a complaint was written to the Director of Security, Department of State Services (DSS) by one Shaibu O. Abdullahi, the vice chairman, Kogi Central Senatorial District of the SDP.
According to him, Abdullahi had alleged in the “Complaint” that Abenemi presented a forged GCE result to the Independent national electoral Commission (INEC) for the November 11th, 2023, Governorship Election.
The SDP Deputy Governorship Candidate, according to Abdullahi, lied on Oath in his Form EC9 (Substitute) Affidavit in support of particulars, that he obtained the said GCE result.
The Prosecution further submitted that during investigation of the complaint by the DSS, several invitations were extended to the defendant but he failed to honour them.
He said that the case diary was forwarded to the office of the DPP for Legal Advice and the Legal Advice declared a prima facie case of Perjury, False Declaration, Use of False Documents as Genuine and Possession of Forged Record against Abenemi.
Kadiri submitted that the Defendant had also refused to appear in court for his trial and went ahead to file the Motion Ex Parte to compel appearance through a Bench Warrant.
The motion, supported by a seven-paragraph affidavit deposed to by one Ayegba Momoh, a Litigation Registrar in the state Ministry of Justice prayed the Court to grant an Order issuing a Bench Warrant for the arrest of the Defendant answer the case against him.
He also prayed for an Order of the Court directing all Police Officers, Officers of the Department of State Services (DSS), Officers of the Nigeria Security and Civil Defense Corps (NSCDC) or any other person executing the warrant of arrest to apprehend the defendant.
Counsel to the defendant, J.S. Okutepa (SAN), flanked by J.O. Adele (SAN) and 12 other lawyers, told the court that the State was only exhibiting the “Audacity of Arrogance in trying to procure a Bench Warrant against the defendant.”
He said that by the 9th of October when the prosecution were filing the Motion Ex Parte, they had not even served notice on the defendant adding, “As at 9 am when Your Lordship sat, the Bailiff had not been mobilized to effect service.
“If he (Abenemi) had been served, he would have been here. He has nothing to run away from. Granting this motion will be a dangerous precedent to set for criminal jurisprudence.
“Justice is not only for the DPP or Kogi State, it is also for the defendant. Justice hurried is justice denied. We should all flee from appearance of impropriety”, Okutepa cautioned.
The trial judge, Justice A.S.Ibrahim adjourned to October 23, for ruling on the Motion Ex Parte. (Ends)
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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