The Nation Newspaper

Tag: Attorney General of the Federation (AGF)

  • Election sequence: Buhari, AGF back suit against NASS

    President Muhammadu Buhari and the Attorney General of the Federation (AGF) Tuesday told a Federal High Court in Enugu that they were not opposed to the suit, challenging the attempt by the National Assembly to re-order the sequence of the 2019 elections through amendment of Electoral Act.

    The Solicitor General of the Federation and Permanent Secretary of Federal Ministry of Justice, Dayo Akpata, made the position of both parties known at the hearing of the suit brought before the court by a chieftain of All Progressives Congress (APC), Chief Anike Nwoga.

    The suit has the National Assembly and the Independent National Electoral Commission (INEC) as the 1st and 2nd defendants while President Buhari and AGF are 3rd and 4th respondents respectively.

    Addressing the court presided over by Justice A.M. Liman, Akpata who came to court with a team of lawyers from the Federal Ministry of Justice, explained that by virtue of Section 4 Subsection 8 of the Nigerian constitution, the court has jurisdiction to entertain the matter, adding that the exercise of legislative powers of the National Assembly must be subject to review by the court.

    Citing relevant cases including Habib vs. AGF, AGF vs. ANPP and Attorney General of Bendel State vs. Attorney General of the Federation, Akpata argued that if in the exercise of legislative powers conferred on the National Assembly by the constitution, there is a defect, as to say that a bill is not passed according to the law, the bill is null and void.

    The Solicitor General of the Federation maintained that the Supreme Court could legislate on this issue, which constitutes a limitation to legislative powers.

    On whether the plaintiff (Nwoga) has the locus standi to institute the suit, Akpata made it clear that every citizen of the country has the right of access to justice when there is a breach of the constitution

    He also drew attention of the court to the fact that the affidavit filed by the plaintiff has not been controverted.

    On whether the subject matter is still a life issue, since it may have been overtaken by events, Akpata said, “the case of Amechi vs. Omehia makes it clear that constitutional issue can never be termed an academic exercise.”

    Buttressing his argument with the case of CBN vs. Oladele Amao, he said a declaration could be made even where a matter has been rendered dead, if the issue in question has to do with the constitution.

    Akpata added that the recent decision of the Abuja Federal High Court also looked at the same issues.

    Making submissions earlier, counsel to the plaintiff, Godwin Onwusi, urged the court to grant the five reliefs sought by his client.

    Onwusi asked the court to determine whether the National Assembly has the powers to compel INEC to conduct election in a particular sequence and even if they could, whether they could by law change the timetable already released by the electoral body before the passage of the bill.

    The plaintiff counsel argued that case laws show that the National Assembly do not have such powers, as the powers given to INEC to supervise, conduct and organize elections is not subject to control by either the executive or the legislative arms of government.

    Making his own submission, counsel to INEC, the 2nd respondent, Chineme Onuoma, said the commission was neither opposed or in support of the suit.

    The National Assembly was however not represented in court and did not file any documents.

    After listening to the submissions of the parties in court, Justice Liman reserved judgment for May 18.

    Read Also: Breaking: Court voids NASS attempt to alter election sequence

  • Senate Invasion: Court restrains police, SSS from arresting Senator Omo-Agege 

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has ordered the police and the State Security Service (DSS) to desist from arresting Senator Ovie Omo-Agege (Delta Central) over Wednesday’s disruption of the Senate’s proceedings during which its mace was allegedly stolen.

    Justice Isahq Bello, who is the court’s Chief Judge, gave the order Thursday while ruling on an ex-parte motion by the Senator.

    Justice Bello said the order is to subsist pending the hearing and determination of the Omo Agege’s motion on notice seeking similar prayers as contained in the ex parte motion.

    Justice Bello, in his ruling, retrained the four respondents from arresting Omo-Agege pending the hearing of the senator’s motion on notice.

    The judge granted all the applicant’s prayers, which included:

    *An order of interim injunction restraining the respondents, their agents and/or servants arresting and/or detaining the applicant either in their custody of any other law enforcement agency, or its servants, agents or privies or through any person working in concert with the respondent as its agents, by whatever means or however described pending the hearing and determination of the motion on notice filed in this suit.

    *An order of interim injunction restraining the respondents, their representatives, agents or privies, howsoever described from any attempt or threat to violate the applicant’s fundamental right to personal liberty and right to freedom of movement pending the hearing and determination of the motion on notice filed in this suit.

    *An order of interim injunction restraining the respondents from taking any or further steps detrimental to the applicant’s aforementioned fundamental rights to the applicant’s rights in connection with the facts stated in this matter pending the hearing of the motion on notice filed in this suit.”

    Upon granting the Senator’s prayers, Justice Bello adjourned further proceedings to May 7 for the hearing of the motion on notice.

    The judge equally re-assigned the case to Court 30 which is being presided over by Justice Usman Musale in the Jabi Division of the FCT High Court, where subsequent proceedings would take place

    The main suit is marked: FCT/HC/CV/1522/2018 and the ex parte motion marked: M/5050/18.

    The Attorney-General of the Federation (AGF), Abubakar Malami (SAN); the Inspector-General of Police, Mr. Ibrahim Idris; the Commissioner of Police, FCT Command, Sadiq Bello, and the Director-General of SSS, Lawal Daura are listed as respondents.

    Read Also: Senate probes police invasion of National Assembly

  • AGF dissociates self from alleged probe of CJN

    AGF dissociates self from alleged probe of CJN

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has dissociated himself and his office from report that the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen was being investigated for corruption related issues.

    Malami, in a statement issued on Friday by his spokesman, Salihu Isah, said he holds the CJN in high esteem and will not be part of an attempt to denigrate his person and the office he (Onnoghen) occupies.
    The AGF faulted insinuations that the information which formed the basis of the media report emanated from his office.

    He said he was not aware of such probe of the CJN and would not be party to such act.
    The CJN, reacted to the report in a statement on Wednesday, denying any wrong doing and said he was ready to face any probe.

    The statement issued ON Friday by the office of the AGF reads: “The attention of the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN has been drawn to a report in the media space insinuating that the Honourable Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu Onnoghen, GCON and other former and serving government and judicial officers are under investigation for alleged corruption.

    “The report also listed other high-profile Nigerians who it claimed are purportedly under investigation for corruption to include former Coordinating Minister for the Economy and Minister of Finance under ex-President Goodluck Jonathan, Dr. Ngozi Okonjo-Iweala, present Minister of Solid Minerals Development and former Governor of Ekiti State, Dr. Kayode Fayemi, a sitting judge of the Federal High Court, Hon. Justice Abdu Kafarati, among others.

    “The Honourable Attorney General of the Federation and Minister of Justice wishes to express his displeasure over the unfortunate and unbecoming innuendo by certain persons and agencies which sought to accuse his office of leaking what was termed as classified information to the public.

    “This office, therefore, wishes to state categorically, but with absolute repudiation, that it did not at any time leak such information to the media as wrongly alluded by the Economic and Financial Crimes Commission (EFCC).

    “The pertinent question to ask is, since the EFCC has publicly denied that the Honourable Chief Justice of Nigeria is not under probe or investigation; is it then possible for the same EFCC to have forwarded any classified information on a non-existent probe or investigation of the Honourable CJN to the Honourable Attorney General of the Federation?

    “It also goes to show that the Office of the Honourable Attorney General of the Federation could not have leaked a non-existent classified information on an equally non-existent probe or investigation.

    “The Honourable Attorney General of the Federation and Minister of Justice strongly frowns at any unsavoury attempt or conspiracy to drag his office and that of the Honourable Chief Justice of Nigeria into petty squabbles in the midst of burning national issues.

    “We, therefore, use this opportunity to reaffirm our deep respect for the distinguished person and office of the Honourable Chief Justice of Nigeria, and we will never be party to any unpatriotic effort to denigrate his exalted office.

    “We wish to state unequivocally that the office of the Honourable Attorney General of the Federation will continue to collaborate with His Lordship in his efforts to reform the judiciary and galvanize the anti-graft war.

    “Indeed the present administration appreciates His Lordship for his unwavering support for its anti-corruption drive.

    “We wish to state further that we are neither aware of nor privy to any purported probe or ongoing investigation of the Honourable Chief Justice of Nigeria by any security or anti-graft agency.

    “The office of the Honourable Attorney General of the Federation dissociates itself from the baseless allusion or suggestion obviously made in bad faith to the effect that His Lordship is under any form of probe or investigation whatsoever.

    “In view of the above, the Honourable Attorney General of the Federation and Minister of Justice wishes to emphatically reiterate that he has profound confidence in the Chief Justice of Nigeria and wishes His Lordship the very best in the discharge or performance of his daunting duties to the nation at large.”

  • FG engages international audit firms to recover TSA funds from banks

    FG engages international audit firms to recover TSA funds from banks

    The federal government has unleashed international audit firms to reconcile and retrieve public sector funds being withheld by banks.

    Mr. Hamza Adeyemi, Director Funds office of the Accountant General of the Federation (AGF) made the disclosure Thursday in Abuja.

    Adeyemi lamented that “banks have thrown professionalism to the winds; some banks are still holding on to funds of Ministries Departments and Agencies (MDAs) not transferred to the Treasury Single Account (TSA).”

    This he said is Inspite of the fact that the Central Bank of Nigeria (CBN) had sanctioned some banks by directly debiting the accounts of banks.

    Adeyemi stated that the federal government in 2004, lost over N70 billion funds while in the possession of commercial banks.

    To recover and reconcile all public sector accounts, Adeyemi said “accounting /auditing firms are auditing banks to recover funds still with banks. Some of the audit firms involved are Ernst and Young, PWC etc, the audit will be very comprehensive.”

    He accused banks of not adhering to presidential directive to return all public funds in their possession to the TSA domiciled in CBN.

    As recently as some few weeks ago, Adeyemi said more money was recovered from some banks still holding to government monies.

    Government he assured “is monitoring to ensure that these monies are paid into the federation’s coffers. Comprehensive reconciliation is ongoing. A lot has been done but more still needs to be done.”

    When asked to comment of the some idle funds captured under the TSA, Adeyemi disclosed that there is “over N300 billion idle funds in (TSA) a special CBN available window to be invested in Treasury Bills (TB) which attracts interest. The interest accrued goes back to the TSA of government” he said.

    Speaking to the success of the TSA, Adeyemi noted that “this is the first time in the history of this country that N1.2 trillion will be disbursed for capital projects in the 2016 fiscal year. This is because of TSA, in the past some of the monies were fixed in the banks or just idling away in the banks not being used for what they are meant for.”

    With the introduction of TSA, Adeyemi added that the exact amount in the consolidated cash position of the federal government can now be accessed by the AGF at the touch of botton thus availing the government of how much it has at its disposal for spending.

    Earlier, Mr. Mohammed Usman, Director Inspectorate Department of the OAGF fingered the Independent National Electoral Commission (INEC) for withholding unspent cash at the end of the financial year.

    According to Usman, “INEC says it is empowered to retain funds, but we (OAGF) have written to the Attorney General of the Federation (AGF) for clarification on that because it is part of public accounts procedure to return left over cash to the chest.”

    Usman said “the issue is now a subject with the public accounts committee of the National Assembly since 2015.”

    He also disclosed that all MDAs at one time or the other have fallen short of keeping proper assets register. According to Usman, “all MDAs are not abreast with the asset register. It has become more imperative now giving the new accounting techniques adopted by the federal government to keep accurate assets register.”

     

  • AGF is not taking over high profile cases – Spokesman

    AGF is not taking over high profile cases – Spokesman

    The office of the Attorney General of the Federation (AGF) has allayed the fears being expressed in some quarters that it intends to take over high profile criminal cases from the prosecuting agencies currently handling them.

    Spokesman to the AGF, Salihu Isah told The Nation Wednesday that a recent letter from the Federal Ministry of Justice, requesting some prosecuting agencies to update the ministry with developments in such cases was not an attempt to take over the cases.

    He said such information was required by the National Prosecution Coordination Committee (NPCC) to enable it assess the state of the cases, plane and offer necessary strategic advice where necessary.

    Isah, who also act as the spokesman for the NPCC, which resides within the Federal Ministry of Justice, noted that the committee was empowered to seek such information from the various prosecuting agencies to enable it perform its responsibility of advising the AGF appropriately.

    He said: “The letter did not say they should hand over the cases to us. The committee wants to know the status of the cases so that they will know what to do to assist. It is not that we are taking over. The media appears not to understand what we are doing.

    “You should know that the Federal Ministry of Justice, being the supervisory Ministry for these prosecuting agencies, we deserve to know the status of these cases. So, that is what we want them to furnish the Ministry and the NPCC with information about the status of these cases,” Isah said.

    He also drew attention to a statement he issued late last year at the inauguration of the NPCC, explaining the responsibilities of the committee.

    Isah, in the statement issued last November, said the 19-man NPCC “is charged with ensuring the efficient, effective and result oriented prosecution of high profile criminal cases in the country.

    “The Committee is also to guarantee prompt contact and synergy between investigators and the prosecutors of high profile criminal cases, managing information to the public on such cases as well as to ensure strict compliance to the Administration of Criminal Justice Act (ACJA), 2015.

    “For its terms of reference, the NPCC is to advise the HAGF on the exercise of his prosecutorial powers in Section 150 and 174 of the 1999 Constitution, prepare the policy strategy document for the coordination of investigation and prosecution of high profile criminal cases in Nigeria and to also collate the list of such cases as well as assigning them to prosecution teams.

    “The Committee will scrutinize the proof of evidence and charges in high profile criminal cases in the country before arraignment. In addition, it will receive and analyse reports from the investigation and prosecution teams engaged to handle such cases.”

     

  • ‘illegal’ arms importation, bribery: FG opposes suspects’ bail

    ‘illegal’ arms importation, bribery: FG opposes suspects’ bail

    The Federal Government Monday urged the Federal High Court in Lagos not to grant bail to five men who were arraigned for importing arms and ammunition without authorisation.

    The defendants – Mahmud Hassan, Oscar Okafor, Donatus Achinulo, Mathew Okoye (at large) and Salihu Danjuma – were accused of illegally importing double barrel short guns, pump action rifles and single barrel shotguns (firearms).

    They were arraigned on nine counts of conspiracy to illegally import prohibited firearms, “uttering” of forged documents, bribery and importation of prohibited goods.

    Attorney General of the Federation (AGF) told the court that releasing the defendants on bail would be a risk.

    Prosecuting counsel K.A. Fagbemi, who represented the AGF, opposed the bail applications.

    According to him, Okoye was still at large, adding that it was not in the defendants’ interest to be released on bail.

    Defence counsel – Yakubu Galadima, Godwin Okaka, Olumide Oyewole and Adamu Ibrahim – said the defendants would not jump bail.

    Besides, Oyewole said his client was ill and needed medical treatment. He exhibited a medical report issued by the Isolo General Hospital.

    Count one of the charge said the defendants “on or about January 21, 2017, at Apapa, Lagos conspired together to illegally import into Nigeria 661 pump actions rifles.”

    The defendants, who were arraigned before Justice Ayokunle Faji, pleaded not guilty to all the counts.

    The prosecution said they brought the arms from Turkey through the Apapa Port in Lagos, using a 40-feet container, which they falsely claimed contained steel doors.

    The Federal Government said the defendants violated Section 98A (1)(b) of the Criminal Code Act by corruptly offering bribe of N400,000 and N1million to public officials on two occasions to present a search of the container.

    The defendants allegedly forged documents, such as a bill of lading, a Form M and a Pre-Arrival Assessment Report, in a bid to deceive the officials.

    The alleged offences contravene sections 1(2)(c), 1(14) (a)(i) and 3(6) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2014.

    Justice Faji adjourned for ruling on the bail applications. The trial will begin on September 12.

     

  • We have pending appeal against Justice Ademola’s acquittal – AGF

    We have pending appeal against Justice Ademola’s acquittal – AGF

    The office of the Attorney General of the Federation (AGF) said Thursday that it has pending appeal against the April 5 ruling by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) acquitting Justice Adeniyi Ademola of the Federal High Court, his wife and a lawyer, Joe Agi (SAN).

    Justice Okeke had, in the ruling, upheld the no-case submission by Justice Ademola and his co-defendants, charged with corruption related offences.

    Justice Ademola has since resumed duties following last week’s directive by the National Judicial Council (NJC) that judges, suspended owing to their investigation by the Department of State Services (DSS), should resume duties.

    In a statement Thursday, Special Assistant to the President on Prosecution, but attached to the office of the AGF, Okoi Obono-Obla said the impression being created with the NJC’s recall of the suspended judges was that it was unaware of a pending appeal against Justice Ademola’s acquittal.

    Obono-Obla said: “I want to debunk the false impression created in some sections of the media that the NJC was not aware or that there was no appeal filed by the Office of the Honourable Attorney General of the Federation against the ruling of Honourable Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja dated the 5th April, 2017 in Charge No. CR/21/2016 between Federal Republic of Nigeria versus Adeniyi Francis Adetokunbo Ademola and two others which discharged and acquitted the defendants.

    “Nothing can be further from the truth. Indeed, the office of the Honourable General of the Federation filed notices of appeal against the ruling of Honourable Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja over his ruling discharging and acquitting the three defendants on the 7th April, 2017.

    “Accordingly, the Court of Appeal pursuant to Order 8 Rule 2 (a) of the Court of Appeal Rules has invited Counsel to the Appellant (the Federal Republic of Nigeria) and the Respondents to attend Court on the 6th June 2017 to reconcile documents for record of appeal.

    “I therefore state without fear of contradiction that the appeal against the ruling of Honourable Justice Jude Okeke of the High Court of the Federal Capital Territory, Abuja discharging and acquitting the defendants Charge No. CR/21/2016 between Federal Republic of Nigeria versus Adeniyi Francis Adetokunbo Ademola and two others is pending before the Court of Appeal.”

     

  • Alleged N360m bribe: 23 INEC staff now to be tried in Rivers

    Alleged N360m bribe: 23 INEC staff now to be tried in Rivers

    A Federal High Court in Abuja has directed that the 23 staff of the Independent National Electoral Commission (INEC) accused of accepting N360m bribe from Governor Nyesom Wike of Rivers State are to be tried in the state.

    In a ruling on Monday, Justice John Tsoho upheld the objection raised by the INEC staff against their being tried in Abuja since their alleged offence took place in Rivers State.

    The Office of the Attorney-General of the Federation (AGF) on March 7 this year, filed a seven-count charge against the 23 INEC staff for allegedly receiving N360m bribe from Wike in connection with the December 10, 2016, rerun elections in River State.

    Before they could be arraigned before the Federal High Court in Abuja, the defendants challenged the prosecution’s decision to conduct the proceedings in Abuja, when they were accused of receiving money in Rivers State.

    They sought the transfer of the case to Rivers State, a request the Prosecution objected to and insisted on their trial in Abuja.

    In his ruling, Justice Tsoho held that the charge ought to be filed in the capital of Rivers State, Port Harcourt, where the alleged offences were supposedly committed.

    The judge said the prosecution was unable to provide any cogent evidence of insecurity in Port Harcourt to justify the filing of the charge in Abuja.

    He said the prosecution failed to support, with evidence, its claims that there was “pervasive insecurity” in Port Harcourt and that the city has become ungovernable.

    The judge said the “frightening pictures” attached to the prosecution’s counter-affidavit have no proof of location and time of the incidents.

    He added that there was no evidence presented before the court to back the prosecution’s claim that there were daily reports of threat by cult groups in the state.

    Justice Tsoho said, in the absence of such evidence, provisions of Section 93 of the Administration of Criminal Justice Act (ACJA) 2015 and Section 45 of the Federal High Court Act, providing that charges must be filed in the area or place where the alleged offences were committed “shall apply”.

    He consequently ordered the transfer of the case to Port Harcourt Division of the Federal High Court for the arraignment of the defendants.

     

  • Court refuses to scrap payment of money for bail 

    Court refuses to scrap payment of money for bail 

    A Federal High Court in Abuja has rejected the request that it voids the legal provision requiring a defendant granted bail to make financial deposit.

    Justice Gabraiel Kolawole, in judgment Monday dismissed a suit filed in that regard.

    The judge held that the provision, contained in Section 165(2) of the Administration of Criminal Justice Act (ACJA) 2015 was lawful and did not offend the Constitution.

    The plaintiff, Dr. A.C.B. Agbazuere, a lawyer, had urged the court to void Section 165(2) of the ACJA on the ground that it was offensive to the provision of Section 36(5) of the 1999 Constitution.

    He argued that “the applicability of Section 165(2) of the ACJA will deprive Nigerian citizens of their liberty, freedom and fair hearing. “With Section 165(2) of the ACJA, the accused is to pay money before his bail can be approved when the prosecution has neither proved the essential ingredients of the case not has the accused been found guilty. “By providing for the mandatory payment of money before bail is approved, section 165(2) of the Act has now presumed every person guilty when he has not been tried and found guilty.

    “It is an aberration and ambush against the people and should not be allowed to stand,” the plaintiff had argued.

    Defendants in the suit – the Attorney General of the Federation (AGF) and the National Assembly – objected to the suit by filing two notices of preliminary objection

    They queried the competence of the suit and the plaintiff’s locus standi. They urged the court to decline jurisdiction.

    The defendant contended that the plaintiff did not prove that he is an accused person before any court, who has been asked to deposit money for bail.

    They also argued that the plaintiff failed to establish that his right was breached in any way.

    The defendants noted that the portion of the law complained of, provides that a court “may” impose money for bail, which implied that the monetary requirement was not mandatory.

     

  • Judge orders DSS’ DG to produce Suswam in court

    Judge orders DSS’ DG to produce Suswam in court

    …Ex-governor’s absence stalls planned arraignment on a fresh charge

     

    Justice Gabriel Kolawole of the Federal High Court in Abuja has ordered the Director General of the Department of State Services (DSS), Lawal Daura to ensure the production of former Beunue State governor, Gabriel Suswam before his court on May 11.

    The order by the judge was necessitated by the failure of the DSS, in whose custody Suswam was currently being kept, to produce him Tuesday in court for arraignment on a fresh 32-count charge marked: FHC/ABJ/CR/48/2017, bought against him and two others by the office of the Attorney General of the Federation (AGF).

    Suswam, former Finance Commissioner in the state, Omodachi Okolobia and Benue State Government House Administration’s Accountant, Janet Aluga (named in the fresh charge filed March 27) are accused among others, of diverting the sum of N9.79billion, part of which was meant for Police Reform Programme and Subsidy Reinvestment and Empowerment Programme (SURE-P).

    Of the three defendants, only Suswam was absent in court when the case was called Tuesday. And, upon enquiry by the judge why the ex-governor was absent, lead prosecuting lawyer, Aliyu Akilu told the court that Suswam was being detained by the DSS, but that he was aware of the day’s proceedings and allegedly chose not to attend court.

    Akilu said:“The 1st defendant is on administrative bail granted him by the police.  But he is currently in the custody of the DSS. We made effort to serve him with the charge there, but he refused. We decided to serve his lawyer, who is in court today.

    He ((Suswam) is aware of today’s proceedings. We wrote him, but he refused to attend court. The provision of Section 87 of the Administration of Criminal Justice Act (ACJA), the court can compel his presence. We asked the court to exercise that power,” Akilu said.

    Akin Adedeji, who said he appeared for Suswam in protest, faulted the prosecution’s decision to serve the charge on his office as against the requirement that a defendant must be served in criminal cases personally.

    Adedeji said:”By 2pm Tuesday, two officers of the Nigerian Police walked into our office, seeking to serve a charge on us, in relation to this case. We accepted the charge out of respect for this court.

    “That we are representing the 1st defendant in another case did not mean he will engage us to represent him in this. Section 36(c) of the Constitution says, upon service of a charge on a defendant, he has a right to brief any legal practitioner of his choice. The 1st defendant has been in the custody of the DSS since February 25,” Adedeji said.

    Lawyer to Oklobia and Aluga, David Iorhemba noted that since the case was a joint trial, it was impossible for the court to conduct proceedings in the absence of the 1st defendant. He sought an adjournment.

    After listing to the lawyers, Justice Kolawole said since Suswam was being held by the DSS, the prosecution should serve a copy of the charge on the Legal Department of the DSS for onward delivery to the 1st defendant.

    The judge further directed the Director General of the DSS to ensure that the ex-governor is brought to court on the next adjourned date (May 11) to enable him answer to the charge pending against him, if he is not released before then.

    A similar scenario played out on March 28 this year when DSS’s failure to produce Suswam stalled proceedings in another case involving him and Oklobia before Justice Ahmed Mohammed (also of the Federal High Court, Abuja).

    Suswam and Oklobia are, in the case, being prosecuted by the Economic and Financial Crime Commission (EFCC) for allegedly diverting N3.1billion belonging to Benue State Government. 

    The DSS’ refusal to produce Suswam forced Justice Mohammed to adjourn the case to May 9.