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Tag: Senior Advocate of Nigeria (SAN)

  • Absence of EFCC counsel stalls corruption trial of senior advocate

    Absence of EFCC counsel stalls corruption trial of senior advocate

    The absence of  the  EFCC  prosecution   team in  court  on Friday  stalled the corruption trial of Dr Joseph Nwobike before Justice Raliatu Adebiyi of the Ikeja High Court in Lagos.

    Nwobike, a Senior Advocate of Nigeria (SAN) , is being tried by the EFCC for allegedly perverting the course of justice.

    He was also accused  of offering gratification to public officials,  including  court registrars and judges of the Federal High Court and National Industrial Court.

    At the last hearing  on March 28, the defence team led by Mr Olawale Akoni (SAN)  had argued  that the EFCC did not carry out  a thorough investigation  of  the allegations before charging  Nwobike  to court.

    But at the resumed hearing  on Friday, the EFCC  prosecutor, Mr Rotimi Oyedepo,  and his team were absent in court.

    When the case was announced from the cause list, Miss Zainab Ettu, an  EFCC lawyer who was in the courtroom for a different trial, could not explain  her colleagues’  absence.

    “My Lord, I am here for another trial, I don’t know why Mr Oyedepo is not in court for this trial,” she said.

    Akoni, however, registered his displeasure about the development.

    “I am quite surprised by the absence of the prosecution;  he should have at least informed the court if he had some other engagements.

    “ There is apparently no reason for their absence, they should show some respect to  the court.

    “We have been on this matter since April 21, 2016;  the prosecution should come to court and prove its case against the defendant so that the defendant can defend himself.

    “I will be seeking your Lordship’s direction on at least imposing a time frame for all the parties in this case.

    “We have another court date on May 18, we will be praying for your Lordship to give us an additional date,” Akoni said.

    Adebiyi,  while responding to Akoni’s submission,  noted that the court would  not be sitting on May 18 because she had other official duties.

    “It is unfortunate that the prosecution did not show up in court, I will be attending a special court session on May 18.

    “The previously adjourned date of May 18 is hereby vacated and the case adjourned to May 23, June 5 and June  6,” she said.

    The judge instructed  Ettu  to inform her absent colleagues  of the adjourned dates.

    “Miss Zainab Ettu of the EFCC, who is in court for another matter,  is to inform Rotimi Oyedepo of the adjourned dates,” Adebiyi said.

  • Buhari felicitates with first female SAN at 85

    Buhari felicitates with first female SAN at 85

    The landmark age of Chief Folake Solanke should be celebrated by all members of the Bar and the Bench, her friends and family, President Muhammadu Buhari has said.

    This is contained in a statement by the Special Adviser on media and publicity, Femi Adesina, in which the President celebrated the landmark age of the octogenarian.

    The President noted that she has won many awards and recognitions, including the Commander Order of the Niger (CON), for her courage in pursuing the truth and advocating a better life for the less privileged.

    He extolled the legal luminary for the patriotism, she has demonstrated over the years in speaking against poor governance, and always making herself available in times of need, like working variously as Commissioner in Western Nigeria and Chairperson of the first television network in Africa, Western Nigeria Television Broadcasting Corporation.

    As a leading light in her profession, President Buhari believed Chief Solanke’s achievement has been an inspiration to many Nigerians, especially young women, who earnestly yearn to pursue rewarding careers.

    President Buhari prayed that God will grant Chief Solanke good health and long life to serve her country.

  • EFCC arraigns SAN, ex-minister for alleged money laundering

    EFCC arraigns SAN, ex-minister for alleged money laundering

    The Economic and Financial Crimes Commission (EFCC) Wednesday arraigned a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore at the Federal High Court in Lagos for alleged money laundering.

    He was arraigned along with a former minister of National Planning Prof Abubakar Suleiman before Justice Mohammed Aikawa on a five-count charge.

    EFCC accused them of conspiring to directly take possession of the N450million, which they reasonably ought to have known forms part of the proceeds of an unlawful act.

    The commission said they committed the alleged offence on March 27, 2015 contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

    In the second count, EFCC said they “directly took possession of the sum”.

    In the third count, the defendants were accused of conspiring to make cash payment of N450million, which “exceeded the amount authorised by law without going through financial institution”.

    The alleged offence, EFCC said, is contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b) of the same Act.

    In the fourth and fifth counts, they were accused of making cash payment of N450million to one Sheriff Shagaya without going through a financial institution.

    The sum, the prosecution said, exceeded the amount authorised by law and is contrary to Section 1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 16(2)(b) of the same Act.

    Belgore and Suleiman pleaded not guilty to all the counts.

    The SAN’s lawyer, Mr Ebun Shofunde (SAN), prayed the court to grant the first defendant bail on self-recognition.

    “Given his antecedents, I am asking that bail be on self-recognisance because he has always made himself available while on administrative bail.

    “He has being a Senior Advocate of Nigeria since 2001. He is not a threat and not likely to jump bail given his standing. He has also being a lawyer since 1985,” he said.

    Sulieman’s lawyer Chief Bolaji Ayorinde (SAN) also prayed the court to grant the former minister bail on self-recognition.

    “He is a renowned educationist, a professor of political science and international relations at the University of Abuja.

    “He has served this country as a minister in 2014. He has been involved in teaching and research for the past 30 years. He has graduated more than 10,000 students.

    “He voluntarily submitted himself to EFCC and never contravened the terms of his administrative bail.

    “I urge your lordship to grant him bail on self-recognition,” he said.

    EFCC’s lawyer Rotimi Oyedepo did not oppose the bail applications.

    He said: “We leave bail at your lordship’s discretion and pray that your lordship should impose conditions that will compel their attendance in court for trial,” he said.

    Ruling, Justice Aikawa granted the defendants bail on self-recognition.

    He said since the prosecution did not oppose the application, and considering the defendants’ standing in the society, “they will not likely jump bail.”

    “However, their international passports must be deposited with the Deputy Chief Registrar of this court and can only be released on court order,” the judge said.

    He adjourned till February 23 for trial.

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

    CJN’s appointment: SAN commends Buhari’s cautious 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 (Onnoghne) 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 Friday, 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 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-nonesense 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.

  • 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.

  • Appeal Court hears Tarfa’s bribery charge appeal January 19 

    Appeal Court hears Tarfa’s bribery charge appeal January 19 

    The Court of Appeal, Lagos Division, Tuesday fixed January 19, 2017 to hear an appeal filed by embattled Senior Advocate of Nigeria (SAN) Rickey Tarfar challenging a Lagos High Court’s refusal to quash the bribery charge filed against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC arraigned Tarfa before Justice A. A. Akintoye on March 10, on the allegation, among others, that he offered N5.3million gratification to Justice Hyeladzira Nganjiwa of the Federal High Court, in order to compromise the judge.

    It claimed that Tarfa transferred the money in several tranches to Justice Nganjiwa between June 27, 2012 and December 23, 2014.

    But Tarfa, through his defence team comprising about 34 SANs, challenged the court’s jurisdiction to entertain the case.

    In her ruling, Justice Akintoye dismissed the application and held that the court had jurisdiction to hear the matter.

    Dissatisfied, Tarfa filed a Notice of Appeal and urged the appellate court to and set aside the judgment of the lower court.

    At the appellate court yesterday, appellant’s lawyer,  Biodun Owonikoko (SAN) informed the court that record of appeal had been compiled and transmitted adding that the appeal was ripe for hearing.

    Also, EFCC counsel Rotimi Oyedepo said the commission had filed its briefs and was ready to argued the appeal.

    Consequently, the presiding Justice, Justice Mohammed Lawal Garuba fixed January 19 for the hearing of the appeal.

     

  • Ex-Oyo CJ’s son, Law School DG, 20 others bag SAN rank

    The list of Senior Advocate of Nigeria (SAN) rose Monday with the conferment of the rank on 22 outstanding lawyers.

    With the conferment of the rank on the 22, including Olaseni Abiodun Adio, son of former Oyo State Chief Judge, Yekini Adio and Director General of the Nigerian Law School, Olanrewaju Adesola Onadeko, the number of the holder of the rank in the country has risen to 451.

    131 lawyers applied for the ranks this year. 55 were shortlisted for interview. Including four women, from which the 22 emerged victorious.

    Of the 22, 19 are from among the advocate category while 3 are from the academics. Only two women made it this year.

    Others include lawyer to the governor of Kaduna State, Nasir El-rufai, Abdulhakeem Uthman Mustapha,  Nnamonso Udo Ekanem, Prof Muhammed Tabiu, Dr Valerie-Janette Ogonna Azinge and Olufunke Abimbola Agbor.

    Also named are Olusola Oladimeji Ojutalayo, Richard Ayodele Akintunde, Oyesoji Gbolahan Oyeleke, James Onyeanwuna Njeze Ikeyi, Elisha Yakubu Kurah, Adewunmi Adedeji Ogunsanya, Olatubosun Ola Olanipekun, Kalu Ikwuonwu Umeh and Adewale Sunday Adesokan.

    Others are Fredson Chijioke Alexander Okoli, Olasheni Ibiwoye, Abdulhakeem Utman Mustapha, Mba Ekpezu, Edward Gyang Pwajok and Prof Chukwu Amari Omaka.

  • “Cameron’s statement is true but politically incorrect”

    “Cameron’s statement is true but politically incorrect”

    A Senior Advocate of Nigeria (SAN), ‎Prof Fidelis Oditah, who is also a Queen’s Counsel, believes Cameron’s statement is true but politically incorrect and impolite.
    “The comment may be impolite and is politically incorrect because as far as we know, Nigeria and Britain are friendly nations.
    “I don’t think it’s good politics to make such a statement about an ally on the eve of the anti-corruption convention.
    “Much as it is diplomatically incorrect, I think that the substantive content of that comment is generally correct,” he said.
    Oditah does not think Nigeria should demand an apology from Downing Street following the prime minister’s remarks.
    “Is Nigeria not fantastically corrupt? Why should it demand an apology for speaking the truth? It may be impolite, but the fact is that the President said his agenda is to fight corruption to a standstill, and pretty much the first 12 months of his administration has been dominated by headlines of ‘corruption’. I don’t see why people should be so sensitive about the statement.
    “When I read the broadcast of Aguiyi Ironsi in relation to 1‎966 coup, he was talking about the need to rid the country of corruption. That’s 50 years ago. In January 1984 when Babangida/Buhari came to power, it was to rid the country of corruption. When Buhari has returned this time it is to rid the country of corruption.
    “I think that Nigerians should be happy that the British prime minister is telling them that Nigeria is ‘fantastically corrupt’ because the country is indeed fantastically corrupt,” he said.
    Oditah said there are still exceptional Nigerians who are not corrupt, therefore, he does not thing the statement is a characterisation of all citizens.
    “I think the statement has to be understood in that context. I don’t think he’s speaking about each of every of the 170 million Nigerians.
    “In general, the country is fantastically corrupt, both in the public and private sector. ‎I think that such statement should be understood to be addressing the generality,” he said.
    ‎A Constitutional lawyer, ‎Mr Ike Ofuokwu, believes Cameron’s statement did not take into consideration President Muhammadu Buhari’s anti-corruption crusade.
    “What he said is true, but it is an undiplomatic statement. It is not a fair comment especially considering that this administration is putting a process in place and is working hard towards ridding the country of corruption.
    “For the first time, very top personalities are being charged to court and some are also refunding what they stole.
    “In that sense, it is not a fair comment to make at this time, but it is the truth and Nigerians have a duty to correct that perception,” Ofuokwu said.

  • Court dismisses Rickey Tarfa’s bid to quash bribery charge

    A Lagos State High Court in Igbosere, yesterday assumed jurisdiction to entertain a 27-count charge against embattled Senior Advocate of Nigeria (SAN), Mr. Rickey Tarfa, by the Economic and Financial Crimes Commission (EFCC).

    Justice A.A. Akintoye dismissed Tarfa’s preliminary objection, filed through his counsel Mr Anthony Idigbe (SAN), urging it to quash the charge and decline jurisdiction.

    Tarfa was arraigned on March 9, on a charge of ‎refusal to declare assets, making false statements, offering gratification to a public officer and failure to declare his assets.

    At the resumed hearing yesterday, Justice Akintoye, refused the defendant’s prayers but reserved her decision till the end of trial on the prayer to declare that falsification of age was not an offence known to law.

    The judge said that the EFCC had the power to investigate and prosecute Tarfa.

    “On the issue of the charge being an abuse of court process as argued by the accused, I hold that the information contained in the charge before me is different from the one before my learned brother.

    “In that charge what the accused is charged with, is obstructing EFCC officials from effecting their lawful duties.

    “I therefore hold that the information in this charge is not an abuse of court process,” she held.

    The judge also ruled that the Commission had the power to ask the defendant to declare his assets anytime, whether upon arrest or later, so far the offences charged were related to financial crimes.

    The offence of gratification of a public officer which the defendant was charged with, falls under the powers of the EFCC, she added.

    “It is my opinion that the information disclosed a prima facie case which established that the accused has a case to answer as alleged by the charge.

    “The court will not restrain a statutory body from performing it’s statutory duties in respect of anyone.

    “I hold that this court has jurisdiction to entertain this charge, the subject matter is within the jurisdiction of this court.

    “I refuse the prayer to quash this charge and I refuse the prayer to restrain the EFCC from investigating or prosecuting the accused,” Akintoye said.

    The case was adjourned till May 20 for commencement of trial and May 27 for further hearing.

    Meanwhile, the Commission also opened its case yesterday against another Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, at a Lagos State Magistrates’ Court sitting in Igbosere.

    Nwobike is standing trial before Justice Raliat Adebiyi on a charge bordering on an attempt to pervert the course of justice and offering gratification to a public official, a charge he denies.

    The Commission called its first and second witnesses, Joseph Oyekunle and Oliver Enwerem, both compliance officers with United Bank for Africa (UBA) Plc, and Access Bank Nig. Plc, to testify about financial transactions that occurred in the accounts of Joseph Nwobike & Co. with both banks.

    During examination in chief by prosecuting counsel, Rotimi Oyedepo, Oyekunle testified that on March 19, 2015, there was a N750,000 debit on the account of Joseph Nwobike & Co. in favour of Mohammed Nasir Yinusa.

    “There must have been an instruction authorizing the transaction,” he said.

    Oyekunle added that on April 1, 2015, “Debit transactions of N1.5 million in four places were made on the same day in Manager’s Cheques,” were made to another account.

    Under cross examination by defence counsel Mr. Olawale Akoni, SAN, Oyekunle admitted that on proper examination of the bank documents before him, the third and fourth transfers of N1.5 million each were made to one Seni Ibiwoye.

    “The 20th and 23rd entries were made in favour of Seni Ibiwoye,” he said, admitting that he neither operated the defendant’s account nor did he know the charge against the him.

    On his part, Enwerem testified that there were several transfers to different accounts by the defendant’s company, including a September 30, 2015 transfer of N300,00 to a company, Awa Ajia Ltd.

    He admitted that after the transactions of September 28 and 30 there were no other transfers into the accounts by Joseph Nwobike and Co.

    The case was adjourned till May 12, for continuation of trial.

  • We have video evidence to nail Tarfa – EFCC

    We have video evidence to nail Tarfa – EFCC

    The Economic and Financial Crimes Commission (EFCC) on Friday told a Lagos State High Court sitting in Igbosere, that it had electronic evidence to convict Senior Advocate of Nigeria (SAN), Rickey Tarfa on the charge of failure to declare his assets.
    Tarfa was arraigned on March 9, before Justice A. A. Akintoye on a 27-count charge, including ‎refusal to declare his assets, making false statements, offering gratification to a public officer and failure to declare his assets in the Assets Declaration Form.
    This suit is different from a two-count charge of obstructing officers of law from carrying out their official duties and attempting to pervert the course of justice, also filed against him by the EFCC, but before Justice Aishat Opesanwo.
    At the resumed hearing yesterday, EFCC counsel, Mr Rotimi Oyedepo, told the court that the commission had enough evidence including a video recording of Tarfa’s allegedly incriminating conduct at the EFCC office.
    He said that the embattled SAN was placed under electronic surveillance when he twice declared a wrong age in the age declaration form and when he refused to declare his assets in the Assets Declaration Form.
    “We have electronic evidence of the defendant’s conduct. We are keeping our gunpowder dry while waiting for the trial to begin,” Oyedepo said
    The EFCC counsel made this submission while opposing an application by defence counsel, Anthony Idigbe SAN, to quash the charge against Tarfa for lack of jurisdiction among others.
    The commission filed a 12 paragraph counter-affidavit sworn to by Moses Awolusi, an operative of the agency as well as a written address dated March 21, and urged the court to discountenance all the prayers of the applicant.
    Oyedepo cited a plethora of authorities to back his submissions and said Section 27 of the EFCC Act empowered the commission to investigate and prosecute the defendant for the alleged offences.
    He added that the action of the anti-graft agency was not in any way a contravention of the Constitution of the Federal Republic of Nigeria as amended.
    Besides he said he would also be relying on the record of the court on March 9, 2016, in which the court ordered the registrar to read and explain the charge to the defendant, to which he said he understood and pleaded not guilty.
    Again, he said the agency did not need the fiat of the Lagos State Attorney-General before he could prosecute the defendant because the agency is an independent commission empowered to investigate and prosecute any offence related to economic and financial crimes.
    On the issue of declaration of assets, Oyedepo argued that Tarfa was investigated for offering gratification to a public officer, “therefore the Act imposed a duty on him to declare his assets”.
    Tarfa, who was represented by several lawyers including four had earlier argued, through Idigbe, that the EFCC could not be a complainant, investigator, as well as a prosecutor in the case.
    Idigbe said: “We submit that this is contrary to natural justice, equity and good conscience. This is also in breach of Section 36 of the 1999 Constitution as amended, which requires that every citizen should have fair hearing, in order to guarantee the independence and impartially in every proceeding.
    “The procedure that such charge should get the Directorate of Public Prosecution (DPP)’s advice was not followed.”
    Idigbe also stated that Sections 172 and 209 makes a provision for compulsory declaration of assets by public officials, but that Tarfa “is not a public official. The charge respecting that cannot be sustained.”
    On his client’s refusal declare his assets Idigbe stated that was the state’s duty to prove its case and that Tarfa had no obligation to provide any fact to an investigator.
    “Any law which compulsorily asks a suspect to declare his assets must conflict with his right to remain silent,” he said.
    Idigbe also accused the commission of duplicity and ambiguity, saying counts one to 27 were mere duplications. The charges, he added, did not disclose when and where the alleged offences were committed, while page 13 was signed by an Assistant Detective Commander rather than a legal officer.
    Justice Akintoye adjourned till April 22, for ruling.