Law
Mambilla : ‘I have no authorization to speak for GTBank in Court’, EFCC Witness declares
The Economic and Financial Crimes Commission (EFCC) Prosecution Witness who is said to be from GTBank, may have done a great damage to three of the seven EFCC’s Charges against former minister of Power Olu Agunloye during cross examination.
The three Charges (Nos. 5, 6 and 7) had maintained that “Agunloye corruptly received three different sums of money in 2019 totalling N5m through Guaranty Trust Bank (GTBank) account “from Sunrise Power and Transmission Company Limited and Leno Adesanya for having conveyed the approval of the Government of the Federal Republic of Nigeria in 2003 for the construction of the 3,960 Megawatts Mambilla Hydroelectric Power Station whilst serving as the Minister of Power and Steel”.
These came to the fore when an FCT Court sitting in Abuja and presided over by Justice Jude Onwuegbuzie resumed its trial of the former Minister of power, Dr Olu Agunloye on Monday, June 10, 2924
The EFCC had dragged the former Minister to the court for allegedly committing fraudulent acts in his handling of award of Mambilla Power contract.
The court had taken its first Prosecution Witness (PW1) who introduced himself as a staff of Guaranty Trust Bank (GTBank).
The PW1 confirmed the Statement of Account of Agunloye that was submitted by EFCC.
The Statement of Account covers the period of 1998 to 2022 and contains three entries which according to EFCC were (retroactive) bribes totalling N5 million taken by Agunloye in 2019 for awarding the $6 billion Mambilla Hydroelectric Power Project as a Build, Operate and Transfer (BOT) contract in May 2003.
The court then adjourned till Tuesday, 11 June 2024, to enable the Defence lawyers to cross examine the PW1.
On Tuesday, 11 June 2024, the PW1 however crumbled under cross-examination by Agunloye’s lawyer, a Senior Advocate of Nigeria.
The Witness who claimed that he had worked for nearly two years in the Compliance Section of GTBank admitted that he had no evidence or document to show that he was a staff of GTBank.
And to the surprise of the court, PW1 admitted outrightly, “I have no authorisation from GTBank to represent the bank in court”.
The EFCC Prosecution Witness, PW1 also admitted that there was no link between the account of the Payer, herewith simply labelled as MJS, from which the Defendant Agunloye was paid and Sunrise Power and Transmission Co Limited (Sunrise).
The PW1 also admitted under cross-examination that there was no evidence or document anywhere in GTBank that could show that Sunrise directed the Payer (MJS) to pay the defendant, Agunloye.
In addition, PW1 further admitted that the narration of the transfer on the documents presented in court as recorded by GTBank did not say that any of the three transfers was from Sunrise or on behalf of Sunrise.
At this stage, the Defence rested its case.
The court asked the EFCC Prosecution Counsel for re-examination, but he politely declined with, “I have nothing to say, my Lord.”
The judge then adjourned further hearing in the case till Monday, 1 July 2024, for further hearing.
Law
Again, Edwin Clark Urges Constitutional Compliance in Rivers Political Crisis
**Insists, defection by 27 lawmakers disqualifies them as members of Rivers House of Assembly
Niger Delta elder statesman and leader, Chief Edwin Clark, has expressed his deep concern over the ongoing political crisis in Rivers State, which was triggered by the defection of former Speaker Martins Amaewhule and 27 other lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a statement issued on the matter on Monday Chief Clark strongly criticized the actions of the defecting lawmakers, citing Section 109(1)(g) of the 1999 Constitution, which mandates that lawmakers vacate their seats if they defect from the party that sponsored their election, unless there is a nationally recognized division within the party.
Clark made it clear that the defections, which occurred on December 11, 2023, have led to the automatic disqualification of the lawmakers from the Rivers State House of Assembly, rendering any further actions by them legally null and void.
Chief Clark traced the crisis back to tensions between Governor Siminalayi Fubara and his predecessor, Nyesom Wike.
Clark alleged that Wike, now the Minister for the Federal Capital Territory (FCT), had sought to control the current administration, causing a breakdown in their political relationship.
This rift was further exacerbated on October 29, 2023, when unknown assailants set fire to the Rivers State House of Assembly building. Following this incident, Amaewhule and the defecting lawmakers began pursuing legal means to cement their positions, despite their constitutional disqualification.
Clark further accused the defecting lawmakers of manipulating the judicial system to remain in power.
He claimed that they had filed multiple contradictory affidavits and withheld key information regarding their defections from the court, thereby obtaining rulings that favored their positions.
Chief Clark described these actions as a “flagrant abuse of court processes” and called for an investigation into both the lawmakers’ conduct and the judiciary’s role in the matter.
The elder statesman also directed his criticism at Nyesom Wike, accusing the former governor of intentionally creating instability in Rivers State. Clark alleged that Wike had used a combination of intimidation and inflammatory rhetoric to destabilize the current administration, further deepening the political crisis.
He urged the federal government, under President Bola Ahmed Tinubu, to intervene and ensure that Wike’s actions did not go unchallenged, stressing that such behavior was a direct violation of constitutional principles.
Chief Clark reiterated that the Constitution must prevail and that the defectors’ actions were unconstitutional from the moment they changed political allegiance.
He called for a swift judicial review of all legal actions taken by the defectors and their supporters, demanding that any rulings obtained through fraudulent means be nullified.
In conclusion, Chief Clark called on all political stakeholders in Rivers State to prioritize the rule of law and work towards restoring peace and stability in the state.
He urged President Tinubu to ensure that all political leaders in the state adhered to the principles of constitutional governance and refrained from actions that could undermine the democratic process.
“This political crisis is a critical test for our democracy,” Chief Clark concluded. “We must resolve it in a manner that upholds fairness, justice, and the supremacy of the Constitution.”
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.
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