The Nation Newspaper

Tag: Eric Ikhilae

  • Fayose blames FG’s agencies for prisons congestion

    Fayose blames FG’s agencies for prisons congestion

    Ekiti State Governor, Ayodele Fayose has blamed the current problem of congestion in the nation’s prisons on the arbitrariness of the Federal Government and its law enforcement agencies.

    Fayose argued that prisons in the country were over populated because Federal Government agencies like the Nigeria Police Force (NPF), Department of State Services (DSS) and the Economic Financial Crimes Commission (EFCC) arrest and detain innocent citizens and perceived opponents of the Federal Government for flimsy reasons and on malicious, spurious and unfounded allegations.

    The governor canvassed this argument in his response to a letter by the National Security Adviser (NSA), Major General Babagana Monguno (rtd), with reference number NSA/601/A and dated January 16, 2017, requesting his (Fayose’s) assistance in facilitating quick decongestion of the nation’s prisons.

    Monguno had, in the letter, argued that the problem of prison congestion by awaiting trial suspects and convicts has negatively hampered the ‎administration of justice in the country.

    buhariFayose noted, in his response, that many Nigerians were currently languishing in prison without any reprieve, “because of the trumped-up charges of heinous offences preferred against them by these agencies”.

    Copies of his response were addressed to President Muhammadu Buhari and the Attorney General of the Federation (AGF), Abubakar Malami (SAN).

    Fayose said: “Specifically, the controversial arrests and continued detention of Messers Nnamdi Kanu, Col. Sambo Dasuki (Rtd) and Ibrahim El Zakyzaky among several others, and the flagrant disregard and disobedience to court orders directing their release from prison by security and law enforcement agencies are not only unjust, immoral and detestable but constitute an affront to the rule of law and a rape on democracy.”

    He urged the office of the NSA “to critically appraise the nefarious activities of the security and law enforcement agencies which not only constitute an infraction of the fundamental rights of the affected citizens, guaranteed under the constitution, but also directly contribute to the perennial prisons congestion”.

    “Your inaction or failure to address the above-mentioned acts of Executive rascality and lawlessness will definitely undermine and belie your sincere concern and genuine commitment to the decongestion of the prisons as stated in your letter.

    “It is, therefore, my candid advice that your office should urgently intimate appropriate authorities with the need to henceforth lead by example, by respecting the rule of law, eschewing all forms of arbitrary discriminatory and dictatorial practices and disobedience to Court orders

    “It is my believe that your prompt action in the above regard, may help to correct the growing public perception that the Federal Government is selective in its observance of the rule of law and is partial in its so-called anti-corruption crusade.”

  • FG amends charge against Saraki

    FG amends charge against Saraki

    The Code of Conduct Bureau (CCB) has insisted that it discovered discrepancies in the asset declaration forms submitted to it by the Senate President, Dr Bukola Saraki.

    CCB’s senior official, Samuel Madojemu, who said this on Wednesday, disclosed that investigation revealed that Saraki failed to declare some assets contrary to the requirement of the Code of Conduct Bureau and Tribunal (CCB/T) Act.

    Madojemu, who is Head, Intelligence Unit of the CCB, spoke while testifying as the 3rd prosecution witness at the resumption of Saraki’s trial for false assets declaration before the Code of Conduct Tribunal (CCT).

    The witness also identified true copies of the asset declaration forms submitted to the CCB by Saraki. He confirmed them to be the same with the certified true copies (CTC) earlier tendered by the prosecution, which the defence claimed were fake.

    Led in evidence by the lead prosecution witness, Rotimi Jacobs (SAN), Madojemu said the Senate President declined to declare a property on 15 MacDonald Ikoyi in Lagos State which he allegedly acquired with N3000 million through Tiny-Tee, a company he also refused to declare at the end of his tenure as Kwara governor. 

    The witness, who came to the tribunal with certified true copies of Saraki’s assets declaration forms from 2003 to 2015, said he was part of the team that investigated Saraki’s case.

    CCB

    He disclosed that his team of investigators, which comprised intelligence officials from the Economic and Financial Crimes Commission (EFCC) and CCB. 

    Madujemu said: “One of the discrepancies we discovered has to do with false declaration and non-declaration of some assets and liabilities. 

    “MacDonald 15 was acquired at Ikoyi in Lagos in 2006, but it was not declared in the defendant’s end of tenure declaration form as governor,” the witness said.

    At that point, the lead defence lawyer, Kanu Agabi protested the continuation of trial on the existing 16-count charge when the prosecution had already filed an amended one of 18 counts.

    He sought for an adjournment to enable the defence study the new charge, a request Jacobs objected to, insisting that Saraki is made to plead to the new charge immediately to prevent a delay in proceedings.

    Ruling, Tribunal Chairman, Danladi Umar held in favour of the defence. He agreed with Agabi that the defence required time to study the new charge and prepare its defence.

    He adjourned to February 23 for Saraki’s re-arraignment and continuation of trial.

    The latest amendment to the charge against Saraki makes it the third time the prosecution would be effecting the amendment to its charge sine the case commenced in 2015. At inception, the charge had 13 counts, it was raised to16 counts, and now 18. 

  • CJN appointment: Onnoghen’s kinsmen plead with Buhari

    CJN appointment: Onnoghen’s kinsmen plead with Buhari

    Kinsmen of the Acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen have appealed to President Mohammadu Buhari not to deny their person the opportunity of heading the nation’s Judiciary by sending his name to the Senate for confirmation in substantive capacity.

    Speaking under a group, the Cross River State Elders Forum (CRSEF), the senior citizens appealed to the President to comply with the provision of Section 231(1) of the Constitution by sending Onnoghen’s name to the Senate for confirmation.

    The group’s spokesman, Lawrence Alobi, a retired Police Commissioner in Federal Capital Territory, Abuja, told journalists in Abuja yesterday that nobody from the southern part of the country had occupied the office of the CJN for the past 30 years.

    Alobi, who noted that the non-confirmation of Onoghen had started igniting suspicion and concerns, said the constitutionality of the appointment of CJN was already generating “a lot of controversy” across the country.

    Alobi said: “In keeping with his oath of office, Mr. President accordingly appointed Justice Walter Onnoghen as acting CJN.

    “We thank Mr. President for finding him worthy of appointment to the exalted office.

    “However, the president has not forwarded his name to the Senate as provided under section 231(1) of 1999 Nigerian constitution (as amended), and Justice Onnoghen has been acting for almost three months.

    “This has concomitantly raised suspicion and great concern among most Nigerians, bearing in mind that for the past 30 years no southerner has been appointed as CJN, which is contrry to principle of equity and fairness.

    “In fact, the issue of the constitutionality of the appointment of Justice Walter Onnoghen as substantive CJN, has generated a lot of controversy across our political spectrum, which of course is not healthy for the stability as a nation.

    “We therefore humbly and passionately appeal that the President and Acting President, as a matter of urgent national importance, should do the needful and forward Justice Onnoghen’s name to the Senate for confirmation as the substantive CJN, in compliance with section 231(1) of 1999 Constitution (as amended),” he said.

    Alobi also pledged his people’s “loyalty and support” for the Buhari-led administration’s efforts “to checkmate corruption, fix our economy and also enthrone moral leadership at all levels of government to promote integrity in our polity and public institutions.

    “We, the Elders of Cross River State Forum, pray that the Almighty God should grant President Muhammadu Buhari a speedy recovery and a safe return to the country in good health,” Alobi said.

  • CJN’s appointment: SAN commends Buhari’s approach

    CJN’s appointment: SAN commends Buhari’s approach

    • Says delay in Onnoghen’s confirmation could result in chaos

    A Senior Advocate of Nigeria (SAN), Sebastine Hon has commended President Muhammadu Buhari’s cautious approach to the appointment of a substantive Chief Justice of Nigeria (CJN).

    Hon commended the position taken on the issue by the acting CJN, Justice Walter Onnoghen and the Chairman, Presidential Advisory Committee Against Corruption (PLACAC), Prof Itse Sagay (SAN).

    Justice Onnoghen had, in a statement on Thursday, appealed to those criticising President Buhari over his perceived delay in appointing him (Onnoghen) in substantive capacity to allow the President the free hand to operate.

    Sagay has also aired similar view in his recent comments on the issue of the appointment of a substantive CJN.

    In a statement yesterday, Hon assured President Buhari that Onnoghen’s appointment in substantive capacity was the best way the President could secure the buy-in of the Judiciary and ensure the success of his various reform initiatives and anti-corruption fight.

    Part of the statement reads: “I am personally delighted and I also commend the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, for his timely reaction to the delay in the President forwarding his name to the Senate for confirmation as the substantive Chief Justice of Nigeria.
    “Honourable Justice Onnoghen has, from that reaction, proved he is worthy of occupying that high seat. By shrugging off the apparent pressure on him to utter those words, Justice Onnoghen has shown that he is a nationalistic personality and is also ready and willing to shoulder the responsibility of assuming the headship of the nation’s third arm of government.
    “I hereby encourage, if not plead, with Mr President to forward Justice Onnoghen’s name to the Senate for confirmation. Whatever reforms the President intends for the Judiciary will not be hindered but will be enhanced if our dear President does this.

    “The reason is plain enough: it is when and only when the Judiciary willingly keys into those reforms that the said reforms will see the light of the day. I am dead serious on this!
    Finally, I also commend the reaction of the respected Presidential aide, Prof. Itse Sagay, SAN to the issue.

    “The learned Professor’s views reflect a most genuine inner mind of a critical stakeholder to clean the Augean Stable of the Judiciary. Prof. Sagay has a very rich resume as a no-nonsense anti-corruption crusader, hence his views on such issues should never be treated lightly.

    “However, I also, with humility, ask that he should again look at the watertight procedure spelt out in the Constitution for the appointment and removal from office of judicial officers. Such appointment and removal must involve the National Judicial Council (NJC) and it is only the cooperation rather than the coercion of the NJC that will achieve the desired result.

    “Mr President’s anti-graft war is on course, but he needs the two other arms of government, especially the Judiciary, to achieve this. Also, far-reaching reforms like the anti-corruption war are best achieved over time and not necessarily instantaneously.

    “Mr President should please send Justice Onnoghen’s name for confirmation as the CJN, to save an avoidable constitutional crisis in the Judiciary,” Hon said.

  • Justice Ademola’s ‘agent’ demanded N25m bribe – Witness

    Justice Ademola’s ‘agent’ demanded N25m bribe – Witness

    • Fails to link judge with the bribe request
    A former Director, Pension Accounts, Office of the Head of Civil Service of the Federation, Sani Teidi on Tuesday insisted that Justice Adeniyi Ademola of the Federal High Court demanded N25million bribe from him.
    Teidi, who is being tried for alleged diversion of N4.5billion pension fund, stood trial before Justice Ademola in 2013, during he was granted N1b bail, which conditions he could not meet.
    Testifying yesterday, as the 6th prosecution witness, at the resumed trial of Justice Ademola and two others, Teidi said the judge made it difficult for him to get bail because he failed to part with a N25 bribe allegedly demanded by the judge.
    The witness was, however, unable to link the judge to the demand of the bribe as he merely claimed the judge’s agent, who he identified as Keneth O., acted for the judge.
    Justice Ademola, his wife, Olabowale and a lawyer, Joe Agi (SAN) are being tried before a High Court of the Federal Capital Territory (FCT) on allegation of acceptance of gratification, illegal possession of firearms and ammunition.
    Led in evidence by prosecution lawyer, Segun Jegede, Teidi said the judge’s refusal to vary his bail condition informed why his (Teidi’s) wife petitioned the National Judicial Council (NJC), accusing the judge of misconduct.
    Teidi said the judge’s  agent met him and left an account number into which he was to pay the bribe.
    Teidi said the judged initially refused to grant him bail, but that after being persuaded by his lawyer to grant bail, the judge kept giving excuses for not signing the documents to facilitate his release.
    He said, “My sureties were one Chief Okey and the second one Igbelimeta Farm Project Limited. They now perfected the bail.
    “After it was perfected, my lawyer, S.I Ameh (SAN), reminded Justice Ademola that our bail conditions had been perfected and the judge said he was aware.
    “But the judge said my case was like Boko Haram, kidnapping and terrorism and so, he would take his time to study it before he would append his signature. Then the case was adjourned.
    “The next time we met in court Justice Ademola, said rain fell on my file so there was no way he could look at it until the file was dry.
    “I appeared before him not less than seven times. I was arraigned around April 2013. I know why my bail was not approved. I got to know around November/December (2013).
    “I got to know that I would not be allowed to go out because the account sent by the agent, Kingsley . O, was not credited.
    “We applied for variation since my remaining surety, Igbelimeta, was unable to meet the N1bn condition. But Justice A.F.A Ademola said N1bn was not too much and that I should go and perfect it.
    “Then we went on appeal. I was in prison for one year and two months before I went on appeal. The appeal succeeded and I was granted bail.
    “The bail condition given by the Court of Appeal was one surety with a property worth N100m within the FCT. It was perfected.
    “The Appeal Court also ordered that I deposited my passport and produced a surety with property worth N100m, that must be resident in Abuja.
    “The Appeal Court also ordered that I should produce the tax clearance of the surety for three years
    “The Court of Appeal also ordered that the case be transferred and that the case should be heard by other judges of the Federal High Court but not Justice A.F.A Ademola,” the witness said.
    He said while in custody, Justice Ademola issued an order of permanent forfeiture of his properties earlier temporarily seized by an order made by the judge before whom he was earlier standing trial, Justice Adamu Bello.
    He identified the properties as Brifina Hotel and Homo Filling Station, AY TED Filling Station.
    Jegede later tendered a certified true copy of the Court of Appeal’s judgment granting bail to Teidi, and the document was admitted by the court as an exhibit.
    Under cross-examination, the defence confronted Teidi with a report issued by the  NJC after investigating the witness’ bribery allegation against the judge in a petition by his wife, Fatimah.
    The report, containing the findings of the NJC’s panel which investigated the petition, was read to the witness by Justice Ademola’s lawyer, Onyechi Ikpeazu (SAN).
    The report revealed that the findings of the NJC panel showed that, as against Teidi’s claim, the judge only issued a bench warrant against the witness after he failed to appear in court on two different occasions despite being duly notified.
    It also revealed where the panel noted that, although the prosecution did not ask for the bench warrant, the judge, as a master of his court, made the order for Teidi’s arrest in accordance with his power.
    The report also said the alleged “onerous” bail conditions which the judge  imposed on the witness, fell within the discretion of the judge and there was no evidence that the judge acted in “reproach”.
    The report also revealed that the NJC’s investigative panel accepted Justice Ademola’s explanation to the effect that the bail sum was commensurate to the N4.6bn Teidi allegedly stole.
     The panel said the granting of bail was a matter within a judge’s discretion and that the judge was not bound by the decision of another judge.
     Th panel found, in the report,  that Teidi’s wife was unable to provide the identities of numerous “anonymous calls” from persons asking her to pay N25m bribe for her husband’s release, and so linking the callers to the judge was “a mere suspicion” that could not be legally relied on “no matter how strong the suspicion is”.
    The defence also confronted Teidi with a report of the investigation conducted by the police on the issue, which revealed that one of the sureties produced by Teidi, in fulfilment of the bail granted him, presented a forged Certificate of Occupancy to the court.
    When asked by one of the defence lawyer, Robert Clarke (SAN) how he, a defendant in a criminal case,  suddenly became a “friend” of the Department of State Service (DSS), the witness was silent.
    Clarke accused Teidi of serving “as a tool in the hand of DSS to do what they wanted you to do”.
    The trial continues on Wednesday.
  • ‘Saraki operated, funded hidden foreign accounts as public officer’

    ‘Saraki operated, funded hidden foreign accounts as public officer’

    Senate President, Bukola Saraki operated foreign between 2009 and 2012 while serving as a public officer, a witness said on Tuesday at his resumed trial before the Code of Conduct Tribunal (CCT) in Abuja.
    Saraki was Kwara State Governor between 2003 and 2011 and has since 2011 been member of the Senate.
    Among the 16 counts on which he is being tried for false assets declaration is that he operated foreign accounts and failed to declare them, acts which offend public service rules.
    At the resumption of proceedings before the CCT, the Head of Funds Transfer Unit, Guaranty Trust Bank, Amazi Nwachuckwu confirmed that the Senate President did operate and fund foreign accounts as a public officer.
    Nwanchukwu, who was led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), said Saraki kept dollar, pounds sterling and naira accounts domiciled in the Ilorin, Kwara State branch of the GTB.
    The witness, who was asked to read the documents including Saraki’s bank statements, said Saraki transferred over $3m from his dollar account to his foreign account between 2009 and 2012.
    The witness said Saraki transferred  $73,223.28 to America Express Services Europe Limited, New York, through the America Express Bank, New York card account.
    “Dr Saraki filled the transfer request form in Kwara State Government House, Ilorin.
    “He gave the instruction to transfer the sum of $73,223.28 to the beneficiary, the America Express Services Europe Limited, New York, through the America Express Bank, New York’s account number 730580 maintained by  America Express Service Europe Limited.
    “The purpose of the payment was funding for amounts utilised on AMEX (American Express) cards issued to the customer (dollar credit card no. 374588216836009).
    “For his dollar account number 441/441953/2/1/0, the customer (Saraki) signed the fund transfer form. The form was received from the account officer in Ilorin branch.
    “We then processed it and transferred it to our corresponding bank abroad. The corresponding bank then transferred it to America Express Bank Limited,” the witness said.
    The witness said Saraki authorised the transfer of a total of £1,526,194.53 from his pounds sterling account to his Fortis Bank, London, account in three instalments within two days on February 15 and 16, 2010.
    He added that his bank – GTB –  offered a N375m loan to Saraki through a letter dated February 10, 2010.
    Nwanchukwu said Saraki instructed GTB to transfer the pounds sterling equivalent of the loan to fund his mortgage on a London property.
    “Exhibit 7 is a letter dated February 10, 2010. -t is a letter of offer of facility. From the letter, the borrower was Dr. Bukola Saraki. The sum of N375m was offered to him.
    “The purpose of the offer was for the purchase of the property in London. From Exhibit 9 (bank statement), there was  part payment of mortgage redemption.
    “On February 15, 2010, there was second part payment for mortgage redemption. (The amount remaining to be paid was £1,394, 415.53).
    “On February 16, 2010, there was full and final payment for mortgage redemption. Total amount payment was £1,516,194.53. The transfers were done within two days on February 15 and 16, 2010,” Nwanchukwu said.
    He admitted lacking full knowledge of the procedure of fund transfer in London, but insisted that by his experience with GTB, “a customer can only give instruction to transfer money to another account in another bank, that customer must be maintaining an account in that another bank.”
    The witness said a “telex” was usually generated and sent to the customer who gave the transfer instruction as confirmation for the transfer of funds to foreign accounts.
    Nwanchukwu, who testified as the 2nd prosecution witness,  said the “telexes” with respect to Saraki’s pounds sterling transfer were burnt in a fire incident that engulfed the Funds Transfer Unit at the GTB headquarters.
    “As I explained, when you debit a customer, he receives a debit alert. When the transaction is consummated by transfer of the money abroad, a telex confirmation is generated and sent to the account officer who will now forward it to the customer.
    “The three telexes “with respect to the Saraki’s transactions) were destroyed by fire incident that happened in the unit. I am not aware of any complaint that the (Saraki’s) London account did not receive the money,” he said.
    During cross-examination, the defence lawyer, Paul Usoro (SAN), tendered the statement made by Nwachukwu to the Economic and Financial Crimes Commission (EFCC) on September 10, 2015.
    Nwanchukwu said as at when the telexes of February 15 and 16, 2010, were generated, he was not working at the Funds Transfer Unit of the GTB.
    The witness said between 2009 and 2012 he was working at the Central Clearing and the Foreign Operations unit of the bank.
    He said he played no role in the documentation relating to Saraki’s transactions.
    “I did not see the documents. But I know the existence of the documents because the process is standardised. I am here to testify based on the bank’s record, he said.
    The witness said he did not mention anything about the burnt telexes in his statement because he made the statement based on the questions asked by the EFCC interrogator, whom he said did not raise any question concerning the fire incident.
    He said the “mortgage redemption” for which Saraki transferred the £1.5m to a foreign account meant payment for house purchase.
    He admitted not having deep knowledge on mortgages.
    Nwanchukwu said he did not have knowledge of the relationship between Saraki and Fortis Bank as well as the American Express Europe Limited and American Express Europe Bank.
  • ‘What we recovered from Justice Ademola’s home’

    ‘What we recovered from Justice Ademola’s home’

    The Department of State Services (DSS) gave details on Tuesday of what its operatives recovered from the Abuja home of Justice Adeniyi Ademola and how the search on the judge’s house was conducted.
    Operatives of the DSS had on December 7, 2016, invaded the judge’s house at night, searched it, following which Justice Ademola was arrested and released later.
    A DSS operative, Ike Onuoha, who said he led a team of eight men to the judge’s house at No 30B, S.O Ogbemudia Crescent, Apo Legislative Quarters, Abuja, said the invasion of the Judge’s house was upon instruction from his superior.
    Onuoha spoke while testifying as the second prosecution witness in the trial of Justice Ademola, his wife, Olabowale and a lawyer, Joe Agi (SAN) on Tuesday.
    Led in evidence by lead prosecution lawyer, Segun Jegede, Onuoha said his team was briefed based on a petition and information relating to incriminating items in the house of the judge.
    He said the search was conducted in the presence of the judge’s lawyer, Agi and his (judge’s) cook, Ken, and that they recovered N54m, $121,279, €4,400, £80  and 1,010 rupees.
    Onuoha said his team also recovered two pump action rifles and 35 life cartridges.
    Justifying why the team forced it’s way into the house, the witness said: “When we entered the premises, we called on Ken to call the Judge with his mobile phone. Ken called the judge severally but he refused to pick.
    “Much later, the Judge sent a text message that he was not in town. After repeated calls, he switched off his phone. At that point, we had no option than to force open the main door.
    “When we entered, we saw Justice Ademola in the master-bedroom upstairs in his night wears. That was few minutes after 12 midnight.”
    Onuoha added that the judge later asked them to await his lawyer, Agi, who after discussing with the judge gave the team the nod to search the house.
    “As we continued our search on the ground floor, we encountered a locked bedroom.
    “We requested for the keys, but we were not given. We then had no option than to force open the door. Inside the bedroom, we saw a locked wardrobe which we also had to force open when the keys were not made available to us.
    “Inside the wardrobe, we found a Ghana-must-go bag, containing various N1,000 denomination notes to the tune of N39.5 million after counting it on the spot.
    “We also found two black pump action rifles and 35 life cartridges of ammunition. We also found a silver-coloured flash drive”, Onuoha said.
    The witness said his team also found another locked room where they recovered the sum of N8.5 million in N1,000 denomination inside a black and white medium sized bags locked up in a wardrobe.
    He said they also found, in the master-bedroom, in an open wardrobe, a black bag “where we found the sum of N6m, $121,179,  €4,400, £80, 1,010 Indian Rupees.
    “We also recovered six ATM cards, eight cheque books, eight deposit slips for various banks, two firearm licence – one for Honourable Justice A.R. Muhammed, the other for Honourable Justice Adeniyi Ademola. We also recovered two Apple iPads.”
    Under cross-examination by a defence lawyer, Onyechi Ikpeazu (SAN), Onuohasaid his team forced the main door of the judge’s house opened, “using screw bar because the cook and the private security guard refused to open the door even after we  introduced ourselves and  told them our mission.”
    He denied the claim by Ikpeazu that there were bullet holes on the security door to the judge’s house.
    On whether the judge searched members of his team before they searched his house, Onuoha said the judge’s cook did the searching.
    Onuoha said his team did not see the judge’s wife when they visited. He added her property were not part of the items recovered from the house.
    The witness said he did not see the petition on which his team acted and that he did not know whether there was a petition or not against the judge.
    He said he was not aware that ordering the release of Nnamdi Kanu from DSS’ custody by Justice Ademola was the judge’s offence against the DSS that prompted the search.
    Onuoha said  he could not provide the sources of the information, because “Sources of information are classified.”
    Justice Okeke adjourned further proceedings to Wednesday.
    Before the adjournment, Jegede told the court that his witnesses were being threatened.
  • Disaffection in Judiciary over unpaid December salary

    Disaffection in Judiciary over unpaid December salary

    There is disaffection among federal judicial staff and judges of federal courts owing to the non-payment of their December salary.
    The Nation learnt yesterday unlike staff of other arms of government, employees of federal judicial institutions have not been paid their December salary.
    Sources at the National Judicial Council (NJC) and Federal Judicial Service Commission (FJSC) in Abuja blamed the delay in salary payment on the Executive.
    It was learnt that the practice was for the Executive to deduct salaries and other funds due to federal Judiciary from the first line charge and remit same to the relevant judicial authorities, a responsibility the Executive Arm is said not to have carried out, thereby depriving the Judiciary of funds to meet basic needs including salaries.
    “It is not only federal judges that are being owed December salary. All Federal judicial staff have not been paid their December salaries.
    “It is always deducted as a first line charge and sent to us. But that has not been done till now. So, we are waiting on the Executive arm to deduct and send to us. Until that is done, there is nothing we can do from our side here,” a source at the NJC told The Nation.
  • Court refuses Wike’s prayer to stop probe of ‎Rivers re-run violence

    Court refuses Wike’s prayer to stop probe of ‎Rivers re-run violence

    • Justice Kolawole orders IGP others to show cause on Jan 30
    Governor Nyasom Wike of Rivers State failed yesterday in his bid to restrain the Inspector General of Police (IGP), Ibrahim Idris from investigating complaints, allegations, petitions of crimes and various acts of criminality during December 10, 2016, re-run elections in the state.
    Justice Gabriel Kolawole, in a ruling on Monday, rejected an ex-parte motion by Wike, which was argued by his lawyer, Mike Ozekhome (SAN).
    Justice Kolawole said some constitutional issues regarding the powers of an executive governor of a state were raised in the motion and needed to be addressed.
    The Judge refused Wike’s request for an order setting aside the IGP’s letter to Wilke dated December 20, 2016.
    Instead, Justice Kolawole ordered that the defendants – the IGP, the State Security Service (SSS) and a Deputy Commissioner of Police, Damian Okoro – to appear before him on January 30, 2017, to show cause why the relief sought by the Governor should not be granted.
    Wike had urged the court for an order of interin injunction restraining the defendants or their agents from enforcing or executing the matters contained in the letter written to governor him by the IGP on December 20, 2016.
    The IGP in the said letter titled, “Investigation into allegations of crimes committed during the last rerun elections in Rivers state,” said the, “purview of the investigation will cover allegations of bribes taken, several brazen murder incidents (including that of serving Police Officers), reports of gross human rights abuses, acts of sabotage/terrorism, kidnapping for ransom and ballot box snatching, all of which were perpetrated in connivance with several federal and state civil servants as well as highly placed politicians within and outside the state”.
    The letter also requested the Governor to furnish the police investigative team with all necessary information and exhibits that may assist the team in the investigation.
    Ozekhome had, while arguing the motion yesterday, told the court that the action of the police to constitute a panel to investigate the crisis that trailed the rerun elections in Rivers state was illegal, unlawful, unconstitutional and null and void.
    He said it will be in the interest of justice for the court to set aside the IGP’s letter to governor Wike and direct the Police boss to await the outcome of the commission of inquiry set up by the governor.
    Ozekhome noted that the terms of reference of the panel of investigation set up by the police clearly suggest that the goal of the intended investigation is already pre-determined and biased or likely to be biased against Wike, having regard to the numerous conclusions already reached in the said letter.
    He argued that the intention of the police was to produce “a predetermined damning report” against Wike through the medium of the Commission of Inquiry.
    He added that “the defendants are working from the answer to the question with the predetermined objective of convicting the 2nd plaintiffs (Wike)”.
    Ozekhome argued that, with conclusions already drawn and reached by the police, without hearing from Wike, the IGP has already “convicted” the governor unheard.
    He added that the IGP was merely using the supposed investigation as a smokescreen and rubber stamp to give credence to the governor’s (2nd plaintiff) guilt.
    He prayed the court to set aside the letter by the IGP and direct the Police should await the outcome of the committee of inquiry already set up by Wike.
    A staff in Ozekhome’s law firm, Harrison Obi said, in a supporting affidavit that the actions of the security personnel were caught on video and presented to Nigerians and the whole world by various reputable television stations.
    He said after the election, governor Wike set up a commission of inquiry to look into the immediate and remote causes of the evidence that trailed the conduct of the elections, with a view to avoiding a similar occurrence in subsequent elections and punishing the perpetrators of the act.
    Obi said the commission of inquiry was set up under the Commission of Inquiry Law, Cap 30, Laws of Rivers State, which only governor Wike, as the Chief Security Officer of the state is legally empowered to constitute.
  • FG raises counts in charge against Justice Ngwuta

    FG raises counts in charge against Justice Ngwuta

    • Amended charge now 14 counts
    The Federal Government on Wednesday amended the charge against Justice Sylvester Ngwuta of the Supreme Court, raising the counts from six to 14.
    He is charged with money laundering, making a false claim about his age, possession of more than one diplomatic and standard Nigerian Passports, among others.
    Although similar allegation were contained in the earlier charge, more information about certain transactions and funds transfers are contained in the amended charge, a copy of which The Nation sighted late Wednesday.
    The charge was filed before the Federal High Court, Abuja by officials of the Federal Ministry of Justice.
    Some of the new counts as contained in counts one to six, are as follows:

    Count 1

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 4th day of January 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred and thirty  million denominated in, naira and US dollars, (N130,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 2

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
    Particular of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about April 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred and sixty five  million, denominated in naira and US dollars, (N165,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 3

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act

    Particulars of offence

    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about April 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred  million, denominated in naira and US dollars, (N100,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 4

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act.
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about May, 2016, within the jurisdiction of this honourable court, transferred the total sum of one hundred and ten million , denominated in naira and US dollars, (N110,000,000.00) to Nwamba Linus Chukwuebuka, a building contractor, which sums formed part of the proceeds of an unlawful act and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 5

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act.
    Particulars of offence
    Sylvester Nwali Ngwuta, adult, ’M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this honourable court, retained in your possession the sum of thirty-five million, three hundred and fifty-eight thousand naira (N35,358,000.00) which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).

    Count 6

    Statement of offence

    Money laundering, contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended) and punishable under Section 15 (3) of the same Act
    Particulars of offence
    Sylvester Nwali Ngwuta, adult ‘M’, 65 years, of No. 2 Yellow Houses, Supreme Court Quarters, Off Shehu Shagari Way, Central District, Abuja, on or about the 8th day of October, 2016 within the jurisdiction of this honourable court, retained in your possession the sum of three hundred and nineteen Thousand, five hundred and ninety-six United States  of America ($319,596.00) dollars which sum forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2012 (as amended).