Law
Mambilla: After failing to defend evidence, EFCC amend charges during cross-examination
The court, in the case prosecuting the former Minister Agunloye over the 2003 Mambilla BOT contract, sat in earnest on Monday, 1 July 2024, on Apo High Court in Abuja
The prosecution promptly requested two things from the court. First, the prosecution lawyer reported the challenge the EFCC faced earlier in the day when the second Prosecution Witness, PW2 lined up suddenly declined to face the court because he said that his son had just passed away.
The prosecution asked the court to bear with him and grant an adjournment because he could not proceed with the case.
The court obliged as defence lawyers did not oppose request
The prosecution also sought to amend the “retroactive bribe” charges filed against Agunloye, sensing that the evidence brought by EFCC through the first Prosecution Witness (PW1) had been crumbled under cross-examination by Agunloye’s lawyers at the last sitting on 11th of June 2024.
The defence lawyer asked the prosecution if EFCC would want to be amending its charges each time these are demolished under cross-examinations.
The defence lawyers, therefore, told the court that EFCC should file proper and formal motions to amend such charges each time. The court, accordingly, granted EFCC lawyers the leeway to regularise the amendment of the charges.
The court also considered the defence application to the court for the release of Dr. Agunloye’s international travelling passport to enable Dr. Agunloye to seek medical treatment abroad during the period when the courts go on break this year between the months of July and September. EFCC opposed this application on procedural grounds, but the defence lawyer called the attention of the court to note that all relevant procedures had been duly taken in the application.
The court adjourned to Wednesday, 17 July 2024, for the ruling of the court on the release of Agunloye’s Travelling Passport. The former Minister of Power and Steel was seen not in his usual self in court and court premises. He looked somewhat rumpled and was caught sleeping and being aided by his former colleagues from Federal Road Safety Corps
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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