The Nation Newspaper

Tag: Justice Ijeoma Ojukwu

  • Alleged misappropriation: Court admits more documents in evidence against Okupe

    The Economic and Financial Crimes Commission (EFCC) on Friday at the Federal High Court Abuja submitted more documents in evidence against Doyin Okupe, which were admitted by the court.

    Okupe, a former Senior Special Assistant on Public Affairs to President Goodluck Jonathan, is being prosecuted by EFCC on a 59-count charge for allegedly receiving money from the former National Security Adviser, Sambo Dasuki, and rendering no services.

    At the resumed trial, Mr. Hassan Saidu, the third prosecution witness who was led in evidence by Mr. Ibrahim Audu, submitted documents including account opening package for an account in Zenith Bank, a statement made by Okupe and other documents.

    Saidu told the court that following intelligence report regarding misappropriation by Okupe, he was invited to the EFCC office and interviewed.

    “We invited him in June 2016 to our office and interviewed him in respect of the payments he received from the office of the National Security Adviser (NSA) that was tagged “special services”.

    READ ALSO: Fed Govt arraigns Doyin Okupe over alleged N702m fraud

    Okupe said the money he received; N50 million, N35 million, N15 million and subsequent N10 million severally was used to set up his office, pay staff salaries and pay for a programme on NTA called insight,  Saidu told the court.

    ”When we asked him where the instructions that led to the payment of all the monies came from, he claimed that there was a request that was approved by the former president to the NSA to effect the payment. ”

    The witness, however, added that Okupe could not produce evidence of the said request.

    Saidu also told the court that upon further investigations, the agency could not link any disbursement to payment of staff salaries.

    He also said that the only receipt Okupe could produce when asked for receipts of all the things he claimed he used the money for was one of N120,000 paid to Infinity Security Services.

    The trial judge, Justice Ijeoma Ojukwu adjourned the matter until April 1 for the defence team to cross examine the witness.

    Okupe was arraigned alongside two companies, Value Trust Investment Ltd and Abrahams Telecoms Ltd, over allegations of misappropriation of funds amounting to over N240 million received from the former NSA.

    The money is said to be part funds set aside during the Jonathan administration to purchase arms at the heat of the Boko Haram insurgency.

    NAN

  • FG arraigns Okupe over alleged N702m fraud

    Former presidential spokesman, Doyin Okupe was on Monday arraigned before a Federal High Court in Abuja 59-count charge brought against him by the Economic and Financial Crimes Commission (EFCC).

    Okupe, who was spokesman to ex-President Olusegun Obasanjo and Senior Special Assistant to ex-President Goodluck Jonathan, is charged with “money laundering and criminal diversion of funds” to the tune of N702million.

    He was arraigned, with two companies, Value Trust Investment Limited and Abrahams Telecoms Limited before Justice Ijeoma Ojukwu.

    One of the counts reads: “That you, Dr. Doyin Okupe, being the Senior Special Assistant to President Goodluck Jonathan from July 2012 to May 2015, and being the Managing Director/Chief Executive Officer, and a signatory to the bank account of Abrahams Telecoms Ltd, on or about the 3rd October, 2014 in Abuja within the jurisdiction of this Honourable Court, directly took possession or control of the sum of N35 million, transferred to the account of Abrahams Telecoms Ltd from the account of the Office of the National Security Adviser with the Central Bank of Nigeria purporting to be for special services when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity.”

    Read Also: Kano court strikes out suit against PDP guber candidate

    Okupe pleaded not guilty when the charge was read by an official of the court, following which the prosecution lawyer, Ibrahim Audu, asked for a date for the commencement of trial.
    Defence lawyer, Tolu Babaleiye argued the bail application he filed, dated December 17, 2018.

    Babaleiye urged the court to admit the defendant to bail on self recognizance and that he will not jump bail as he is well known.

    Responding, Audu argued that the defendant was given administrative bail after he volunteered his statement thereafter, he was nowhere to be found until December 2018 in Lagos.

    He added that there was nothing substantial in the defendant’s affidavit. He added that there is nothing to show that the medical certificate is authentic and nothing to show it meets the requirements of the evidence act as it was electronically generated.

    Audu said: “The court should exercise its discretion judicially and judiciously based on materials supplied before the court.”

    He urged the court to take into consideration, “the gravity of the punishment in the event of conviction on the charges brought against the defendant”.

    After listening to both lawyers, Justice Ojukwu granted bail to Okupe at N100 million with one surety in the same amount.

    Justice Ojukwu said: “The surety must be resident within the jurisdiction of the court, and must depose to an affidavit of means, must have landed properties which must also be within the jurisdiction of the court.

    The surety must submit to the court tax clearance papers from 2016 to 2018, also have recent passport photograph. The surety and defendant must deposit their international passport to the court. The documents are to be deposited with the Deputy Chief Registrar Litigation of the court.”
    The judge adjourned to February 27, 28 and March 6, 2019 for trial.

  • Appeal Court urged to void judgment of Executive Order 6

    The Court of Appeal in Abuja has been urged to set aside the October 11, 2018 judgement of the Federal High Court, Abuja upholding the constitutionality of the Presidential Executive Order 6.

    The Order empowers the Federal Government to take steps, in liaison with relevant investigative agencies, to temporarily seize property linked with corruption pending investigation and conclusion of trial to prevent the dissipation of such assets.

    In a judgment on October 11, Justice Ijeoma Ojukwu of the Federal High Court, Abuja held that it was within the powers of the President, as granted by the Constitution, to issue Executive Orders for the execution of Executive policies, as long as such orders do not offend the doctrine of separation of powers.

    In a notice of appeal, plaintiffs in the suit, Kenneth Udeze and Ikenga Ugochinyere faulted the decision by Justice Ojukwu.

    They have also filed a motion of injunction pending appeal, with which they seek to restrain the President and the Attorney General of the Federation (AGF) or their agents from giving effect to the Executive Order No 6, pending the determination appeal filed on Monday.

    In the notice of appeal, they argued that the Justice Ojukwu erred in law and thereby occasioned a miscarriage of justice when she found that the Executive Order No. 6 of 2018 did not violate the rights of citizens to own property and that the Judge erred in law also when she unilaterally varied and modified the express terms of Executive Order No. 6 by issuing judicial caution, that the powers of the AGF must be exercised in accordance with the provisions of the constitution, instead of nullifying the Executive Order.

    They argued that the lower court does not have the powers to issue advisory opinion on what the law ought to be as in the present circumstances and added that the Executive Order 6 violates the doctrine of separation of powers and all tenets of the constitutional democracy.

    The appellants noted that the trial Judge shut her eyes against the materials placed before the court and deliberately failed and/or refused to make specific findings of fact on the issue they submitted before the court, in view of the fact that, “none of the persons listed at the First Schedule of the said Presidential Executive Order No. 6 of 2018 have been found guilty as charged, as their respective trials are still ongoing in various courts in Nigeria”.

  • Respect court orders

    For the umpteenth time, a court of competent jurisdiction has granted the former National Security Adviser (NSA), Col. Mohammed Sambo Dasuki bail, from his illegal detention by President Muhammadu Buhari-led Federal Government. This time, we hope that the Federal Government will not yet again let down the democratic principles it professes, by refusing, as it has done on previous occasions, to obey the clear, unequivocal and lawful order of the Federal High Court, sitting in Abuja, presided over by Justice Ijeoma Ojukwu.

    In her ruling, the judge reportedly held: “The respondents have not successfully justified the long and continued detention of the defendant.” Placing a heavy moral burden on the Federal Government, the judge ruled: “This court is of the view that indeed such culture must be based on conviction on the part of the leadership, law enforcement agency, the judiciary, that democracy cannot function if the respect for the constitution, rule of law and human rights is not upheld.”

    The court went further: “The first and second respondents cannot impose custodial punishment on the applicant in the guise of investigating fresh issue of money laundering.” While commending the courage of the judge, we wonder why the court, after these findings of grave abuse of the rights of the applicant, did not go ahead to impose substantial and exemplary damages against the Federal Government, for the unlawful and illegal detention spanning over two years.

    Without prejudice to the grievous charges against the former NSA, the presidency must eschew any grounds for the proverbial common man to believe that it is running a government of vendetta. While the Federal Government may think that there are no consequences for what amounts to grievous abuse of power and constitutional infractions, we urge it to remember that as a government that professes change, it sets the template for public conduct through its actions, not what it preaches. When it gives the impression that might is power, there is no limit to the consequences on the general polity.

    The caution sounded by the court is apt, when it further held: “The continued detention of the applicant by the respondent despite the bail granted to him by the courts in other matters is an aberration of the rule of law.” In our view, it is not just an aberration, but a mockery of the very democracy upon which the Federal Government purports to act, in the interest of the state. Even in war situations, a democratic government is bound to obey the rule of law, not to talk of peace time.

    Without doubt, any government functioning in accordance with the provisions of the 1999 constitution must be run on rule of law. That is the clear purport of Section 6(6)(b) of the constitution, which provides: “The judicial powers vested in accordance with the foregoing provisions of this section – shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.”

    Pre-eminently, Section 1(1) of the Constitution unequivocally provides: “This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.” It goes further to provide in sub-section (2) that: “The Federal Republic of Nigeria shall not be governed…, except in accordance with the provisions of this constitution.” So, any action, ultra vires the constitution is null and void. We therefore, urge the Attorney-General of the Federation to guide the Federal Government to obey the order of the court.

     

  • Certificate forgery: EFCC arraigns House of Reps member

    Certificate forgery: EFCC arraigns House of Reps member

    The embattled Akwa Ibom House of Representatives’ member, Mr. Nse Ekpenyong, who is facing a certificate forgery charges is allegedly remanded in Uyo prisons for failing to meet bail conditions.

    Ekpenyong under the platform of People’s Democratic Party, PDP, was arraigned at the Federal High Court, Uyo by the Economic and Financial Crimes Commission, EFCC, over a forged diploma certificate he claimed to have earned from the Abia State Polytechnic, Aba, Abia State.

    Ekpenyong, who represents Oron Federal Constituency in the House of Representatives, was brought before Justice Ijeoma Ojukwu by the EFCC on a nine count charges.

    One of the charges read: “That you Nse Bassey Ekpenyong on or about 22 November 2012, at Uyo, within the jurisdiction of this Honourable Court did make a document to wit: Abia State Polytechnic National Diploma Certificate in Business Administration with No. 001181 dated 22nd November, 2012 with intent that it may be acted upon as genuine which you knew to be false and thereby committed an offence contrary to Section 1 (2) (C) of the Miscellaneous Offences Act Cap M 17 of the Revised Edition (Laws of the Federation of Nigeria) 2007 and punishable under section 1 (2) of the same Act,”

    The lawmaker pleaded not guilty to all the charges preferred against him by the EFCC.

    Ekpenyong’s lawyer, Emmanuel Isangedoho argued for his bail conditions which were opposed by EFCC’s lawyer, Ahmedu Arogha.

    Justice Ojukwu assured that the matter would be given urgent attention.

    She, however, granted the lawmaker a bail in the sum of N10m and adjourned the case to April 12.

    A highly placed source told The Nation that the lawmaker who is facing nine count charges over his certificate forgery is cooling off at Uyo Prisons over his inability to perfect his bail conditions.

     

  • EFCC drags lawmaker to court for certificate forgery

    EFCC drags lawmaker to court for certificate forgery

    The Economic and Financial Crimes Commission (EFCC) on Thursday arraigned a serving member of the House of Representatives, Nse Bassey Ekpenyong before Justice Ijeoma Ojukwu of the Federal High Court sitting in Uyo, Akwa Ibom State on a 9-count charge of forgery and uttering of documents.

    Ekpenyong, member representing Oron Federal Constituency of Akwa- Ibom State in the National Assembly, was alleged to have forged an Abia State Polytechnic Ordinary National Diploma Certificate and uttered a December 1999 West African Examination School Certificate, WASSCE, and thereby committed perjury before an Electoral Tribunal where he claimed that the certificates were genuine.Hon Nse Bassey

    The first count reads: “That you Nse Bassey Ekpeyong on or about the 22nd November 2012 at Uyo within the jurisdiction of this Honourable Court did make a document to wit: Abia State Polytechnic National Diploma Certificate in Business Administration with Certificate No. 001181 dated 22nd November, 2012 with intent that it may be acted upon as genuine which you knew to be false and thereby committed an offence contrary to Section 1 (2) (c) of the Miscellaneous Offences Act CAP M 17 of the Revised Edition (Laws Of the Federation of Nigeria) 2007 and punishable under Section 1 (2) of the same Act”

    [quote font_size=”18″ color=”#000000″ bgcolor=”#ddb06c” bcolor=”#dd3333″ arrow=”yes”]Related Post: Melaye appears before Senate committee for certificate forgery[/quote]

    [quote font_size=”18″ color=”#000000″ bgcolor=”#ddab5f” bcolor=”#dd3333″ arrow=”yes”]Another count read: “That you Nse Bassey Ekpeyong on or about the 18th December 2014 at INEC Headquarters, Abuja within the jurisdiction of this Honourable Court did Utter a document to wit: West African Senior Certificate No. NGWASSCP 557610 with intent that it may be acted upon as genuine which you knew to be false and thereby committed an offence contrary to Section 1 (2) (c) of the Miscellaneous Offences Act CAP M 17 of the Revised Edition (Laws Of the Federation of Nigeria) 2007 and punishable under Section 1 (2) of the same Act”.[/quote]

    The defendant pleaded ‘not guilty’ to the charges when they were read to him.

    In view of his plea, prosecution counsel Ahmed I. Arogha and S. Hussaini, asked for a trial date and accelerated hearing of the matter. However, counsel for the defendant, Emmanuel Isangidoho, told the court that he had filed an application for bail for his client and urged the court to admit him to bail.

    Justice Ojukwu granted the defendant bail in the sum of ten million Naira, with one surety in like sum. The surety must depose to an affidavit of means, provide 2 recent passports photograph and 3 years tax clearance certificate. The surety should write an undertaken to produce the defendant throughout the trial and all the documents of the surety must be verified by the Registrar.

    Justice Ojukwu also ordered the defendant to be remanded in prison custody pending the perfection of his bail.

    The case has been adjourned to April 12 and 26 and May 3 and 4, 2017 for trial.