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Yahaya Bello: Appeal Court strikes out Contempt Charge Against EFCC, Olukoyede

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***Rules that no court can preclude the EFCC

The Court of Appeal, Abuja has qstruck out a Kogi State High Court ruling against the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ola Olukoyede, over a contempt case and restraining order filed by former Governor of Kogi State, Yahaya Bello.

The appellate court on Thursday, June 13, 2024, in a lead judgment delivered by Justice Joseph O.K. Oyewole held that “a court of law cannot preclude the EFCC or any Law Enforcement Agency from investigating and prosecuting crime.
The court explained that it is a fundamental jurisdictional point that cannot be shoved aside as it borders on the doctrine of separation of powers.
“The argument of the Respondent that no ground covers this point cannot stand in view of the instant circumstance”

The EFCC had approached the Court of Appeal to halt the execution of an order of Justice Isa Jamil of the Kogi State High Court summoning Olukoyede to defend allegations of disobedience of court orders. Besides, the Commission also challenged another order of the court restraining it from harassing, arresting or detaining Bello pending the determination of the substantive suit.

The appellate court on Thursday allowed the EFCC’s appeal and overruled Bello’s preliminary objection. The court was of the view that it should not be drawn into the well of technicalities and granted the Commission the authority to continue its prosecution of Bello. It also awarded a fine of N1,000, 000( One Million Naira) against the former governor.

Justice Jamil had on April 25, 2024 in an exparte ruling ordered that Olukoyede should be summoned to appear before him to answer to a contempt charge. According to him, Bello tendered exhibits before his court that Olukoyede and the EFCC “carried out some acts upon which they have been restrained by this Court on February 9, 2024 pending the determination of the substantive motion on Notice before this Court ”.

Piqued by the order of the Kogi High Court, Olukoyede approached the appellate court to challenge the lower court’s order with the aim of setting it aside. The Thursday judgment of the Court of Appeal finally laid to rest the charges of Bello against the EFCC and its Chairman

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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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