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Tag: trials

  • Trials without end?

    Trials without end?

    The Economic and Financial Crimes Commission (EFCC) is prosecuting over 103 high-profile cases. At least six of the cases were filed 10 years ago. Why are the trials still pending in courts? ROBERT EGBE asks.

    Criminal trials lasting several years are not peculiar to the Nigerian judicial system. In India, for instance, 1,680,865 criminal cases have lasted longer than 10 years as at October 15, 2017, according to the country’s National Judicial Data Grid (NJDG). Overall, more than 22 million cases are pending in India’s district courts, six million of which have lasted longer than five years.

    In Nigeria, how long do criminal trials last?

    Last October, Nigeria’s foremost anti-graft agency, the Economic and Financial Crimes Commission (EFCC), published a list of 43 high-profile cases it has been prosecuting since 2007. It said it secured 125 convictions in 2016 alone.

    Last month, it was reported that the anti-graft agency had made details of 60 more high-profile cases available to the Office of the Attorney-General of the Federation and Minister of Justice. Thus, 103 of such cases filed by the EFCC between 2007 and 2015 are pending in courts.

    Six of the cases stand out for two reasons: they began 10 years ago and involve former governors for alleged money laundering and fraud. A few others have been on for a little less longer. They are as follows:

     

    Odili

    Perhaps the most-talked about case involving the EFCC is the one instituted by Peter Odili, who governed Rivers State for two terms, from May 29, 1999 to May 29, 2007.

    On December 12, 2006, the EFCC issued an interim investigative report and prepared a draft of 223 charges against Odili, accusing him of embezzling N100 billion.

    On January 31, and February 26, 2007, at the twilight of his tenure, Odili approached two courts in the state capital where he filed two cases through his Attorney-General, Mr. Odein Ajumogobia (SAN). The cases were filed on behalf of the state.

    The first case was before Justice PNC Agumagu of the Rivers State High Court, Port Harcourt, where Odili urged the court to declare, among others, that the “House of Assembly for Rivers State is not entitled to surrender to any person, body, or organisation (including ICPC and EFCC, or any other investigative body), or share or abdicate its powers of control over the public funds of Rivers State as vested in it by the Constitution.

    The second case was filed before Justice Ibrahim Buba of the Federal High Court, Port Harcourt. It had the EFCC, the Speaker, Rivers State House of Assembly, Rivers State House of Assembly, and the Clerk of the House as defendants.

    The suit sought a declaration that the EFCC is not entitled to share the powers of the Rivers State House of Assembly under the Constitution. It also sought, among others, an injunction restraining the EFCC from sharing the powers of the Assembly and also from disseminating, and distributing or acting on the report of investigation it carried out into the administration and management of the funds appropriated by the Rivers State House of Assembly.

    On February 16, 2007, Justice Agumagu delivered his judgment,  declaring that the EFCC, as an organ of the executive arm of the government, had no right under a federal system to inquire into the accounts of Rivers State.

    The judge also restrained all the defendants from giving the EFCC access to the accounts of the state.

    The suit before Justice Buba of the Federal High Court also went into full trial and in a judgment delivered on March 20, 2007, Justice Buba upheld the plaintiff’s prayers.

    Two months after leaving office, Odili returned to Justice Buba’s court where he filed a suit in his personal capacity against the Attorney-General of the Federation and the EFCC.

    The judge granted his prayers and restrained the EFCC from arresting, detaining, or prosecuting him. It also granted a perpetual injunction restraining the EFCC from using its interim report, which the court had earlier declared null and void.

    Following a petition against the judge, the National Judicial Council (NJC) examined the judgment and found no irregularity.

    Case status: The Special Presidential Investigation Panel for the Recovery of Public Property Chairman, Chief Okoi Obono-Obla, confirmed to The Nation that the EFCC’s appeal against the judgment is pending at the Court of Appeal, Port Harcourt Division.

     

    Dariye

    The EFCC charged former Plateau State Governor Joshua Dariye at the Federal Capital Teritory (FCT) High Court, Gudu, with N1.162 billion fraud.

    Dariye is facing a 21-count charge bordering on breach of trust and diversion of N1.162 billion Plateau Ecological Fund. The trial commenced in October 2007 before Justice Adebukola Banjoko, but the case could not proceed because Dariye filed an application challenging the court’s jurisdiction.

    He argued that he should be tried in Plateau and not in Abuja but his application was dismissed by the lower court.  However, the matter dragged on until 2015 when the Supreme Court ordered him to return to the Abuja High Court for trial.

    At the last hearing at the High Court on October 10, 2017 Dariye closed his case and applied for a written address.

    Case status: Adjourned till December 7, for written addresses.

     

    Nnamani

    Former Enugu State Governor Chimaroke Nnamani was arraigned at the Federal High Court, Lagos in 2007, on a N5 billion money laundering charge. The ex-governor was docked alongside Sunday Anyaogu, his then aide and six firms linked to them. The firms are Rainbownet Nigeria Limited; Hillgate Nigeria Limited; Cosmos FM; Capital City Automobile Nigeria Limited; Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.

    The case was re-assigned to Justice Charles Archibong following the transfer of Justice Abubakar, now of the Appeal Court, out of the Lagos Division of the Federal High Court.

    Again, the case was re-assigned to Justice Mohammed Yinusa, after Justice Archibong (now retired) was also transferred out of the Lagos Division of the court.

    According to the charge, Nnamani allegedly conspired with other accused persons to launder funds from the state treasury, especially monies meant for the local government areas of Enugu State.

    On November 18, 2014, the EFCC prosecutor, Kevin Uzozie, obtained leave of court for a separate trial of the companies, which were arraigned alongside Nnamani.

    Uzozieargued that the matter had been stalled several times on account of Mr. Nnamani’s frequent applications to travel abroad for medical treatment.

    Mr. Uzozie said from the records of the court, it was clear that Mr. Nnamani had always applied to court for leave to travel out of the country on grounds of ill-health.

    “It is a scandal that a criminal case which the law says must be speedily concluded has not even proceeded to trial seven years after it was filed,” he said.

    On May 19, 2015, the four companies pleaded guilty to a 10-count amended charge.

    Case status: Trial has been delayed by Nnamani’salleged illness.

     

     

     Kalu

    The EFCC arraigned former Abia State Governor Orji Uzor Kalu in 2007, on a 96-count charge of money laundering.

    However, Kalu challenged the competence of the charge and the power of the EFCC to prosecute him. This preliminary issue was argued up to the Supreme Court, delaying trial.

    After a lengthy legal battle, the apex court in 2016, ordered Kalu to stand trial. In October 2016, the EFCC re-arraigned Kalu, Udeh Udeogu and Slok Nigeria Limited at the Federal High Court in Lagos on 34 counts of laundering N3.2billion, to which they pleaded not guilty.

    The defendants allegedly diverted about N3.2billion from the Abia State treasury while Kalu was the governor.

    Case status: Trial ongoing.

     

    Nyame

    Former Taraba State Governor Jolly Nyame was arraigned by the EFCC for alleged stealing and diversion of state funds in 2007. The EFCC accused him of  41-count charge of criminal misappropriation of N1.64 billion state funds.

    He challenged the jurisdiction of the Federal Capital Territory (FCT) High Court, Gudu, to try him up to the Supreme Court. But the apex court ruled that he had a case to answer and his trial recommenced in 2016.

    Case status: Following the conclusion of his testimony, the EFCC continued Nyame’s cross-examination on October 12, 2017.

     

    Goje

    The trial of Senator Danjuma Goje, a former governor of Gombe State, began in 2007. But following his re-election as governor in 2007, his trial could not proceed because he was immune from prosecution.

    Goje is being prosecuted for alleged conspiracy and money laundering at the Federal High Court, Plateau State.

    At the continuation of trial on September 26, 2017, the EFCC presented four witnesses, who testified as the 15th, 16th, 17th and 18th witnesses.

    Case status: Justice Babatunde Quadri adjourned till November 20 and 21 for continuation of trial.

     

    Turaki

    Saminu Turaki, who served two terms as governor of Jigawa State, from 1999 to 2007, was arraigned before Justice Binta Murtala Nyako of the Federal Capital Territory High Court on July 13, 2007 on a 32-count charge of misappropriating N36 billion while in office.

    But his trial could not continue because, according to the EFCC, he absconded after being granted bail.

    On May 3, 2013, a Federal High Court in Dutse, the Jigawa State capital, issued a warrant for his arrest for serially failing to appear before the court.

    At a book launch in Abuja on July 4, the EFCC re-arrested Turaki. He was in EFCC custody for 14 days, but was released on the order of Justice Nnamdi Dimgba of the Federal High Court, Abuja.

    Case status: Trial commenced on September 28, 2017.

     

    Other long criminal trials

    Ladoja

    On August 28, 2008, former Oyo State Governor Rasheed Ladoja was arrested by the EFCC over allegations of non-remittance of the proceeds of sale of government shares totalling N1.9 billion during his administration.

    He was briefly remanded in prison by the Federal High Court in Lagos on August 30, 2008 and granted bail on September 5. The case went to the Supreme Court, which dismissed Ladoja’s interlocutory appeal.

    The EFCC re-arraigned the former governor at the Federal High Court in Lagos last December, for allegedly converting N4.7 billion from the state treasury to his personal use. He was charged along with Waheed Akanbi on eight counts of money laundering and unlawful conversion of public funds.

    Case status: Trial ongoing.

     

    Fayose

    The EFCC, on November 22, 2012 re-arraigned Ekiti State governor, Ayodele Peter Fayose, on a 27-count charge of conversion of public funds amounting to N416,138,360.75 at the Federal High Court, Ado-Ekiti.

    The EFCC accused Mr. Fayose of stealing the state’s funds during his first stint as governor between 2003 and 2006.

    The agency called three witnesses in the case before Fayose was sworn in as governor in October 2014.

    Case status: Struck out due to the immunity Fayose enjoys as governor under Section 308 of the 1999 Constitution.

     

  • Will their trials ever end?

    Will their trials ever end?

    Apart from several former governors whose trials have lasted for over 10 years, some other high-profile cases are still pending in courts. JOSEPH JIBUEZE highlights some of the cases and why they have been delayed.

    In Nigeria, there is a perception that justice is for the rich. When the rich and powerful are brought to court, there is never an end to their trial.

    Defence counsel often adopts all forms of technicalities to delay the cases, including obtaining stay of proceedings pending determination of interlocutory appeals.

    The Economic and Financial Crimes Commission (EFCC), which is prosecuting most of the high-profile suspects, may have secured 125 convictions last year, but most of the convictions did not fall into the high-profile category.

    Even with the advent of the Administration of Criminal Justice Act (ACJA) 2015, little progress has been made in most of the cases. Among key provisions of the Act is that there will be no stay of proceedings, that any ruling on any objection shall be at the end of the cases along with the judgment, and that trial shall be day-to-day, with minimal adjournments.

    Yet, judges, sometimes, still indulge senior counsel who find ways to circumvent the law.

     

    Some of the cases

    In mid-August 2009, the Central Bank of Nigeria (CBN) “hammer” fell on five bank chief executives: Sebastin Adigwe (Afribank), Okey Nwosu (Finbank), Erastus Akingbola (Intercontinental Bank), Cecilia Ibru (Oceanic Bank) and Bath Ebong (Union Bank).

    The CBN Governor at the time, Sanusi Lamido Sanusi, said they were sacked due to the banks’ high-level of non-performing loans and non-adherence to best practices in risk management.

    The five banks were subsequently rescued with a N400 billion government bail-out as they were found to have low cash reserves because of bad loans and corrupt practices.

    Three weeks after their sack, the sensational trial of the bank chiefs began. However, eight years after their arraignment, the cases are still pending in courts with no end in sight.

    Of the five bank chiefs, only the case against Ibru has been concluded – after she pleaded guilty in a plea bargain. On October 8, 2010, the court sentenced her to 18 months imprisonment for mismanaging depositors’ funds and granting credit facilities worth $20 million and N2 billion far above CBN’s approved limit.

    Ibru forfeited assets worth N191 billion, which comprises 94 choice properties in the United States and Dubai in the United Arab Emirates. She also gave up shares in about 80 listed companies on the Nigerian Stock Exchange (NSE) and in 20 unlisted companies. She was ordered to reimburse N1.29 billion.

     

    Akingbola

    While the case at the Federal High Court was pending, the EFCC charged Akingbola and the others at the Lagos State High Court, Ikeja, with theft of depositors’ funds.

    On May 31, 2011, Akingbola and an associate Bayo Dada, were arraigned before Justice Habib Abiru on a 22-count charge bordering on conspiracy and alleged stealing of N47.1 billion belonging to the bank.

    After much delay, caused by preliminary objections and application for stay of proceedings, which were all dismissed, trial began. Witnesses testified. But there were twists.

    The defence counsel, which initially included three Senior Advocates of Nigeria, Messrs Felix Fagbohungbe, Deji Sasegbon, and Rickey Tarfa, tried to stop the arraignment. Even after the EFCC filed the charges, the matter suffered three adjournments before the arraignment took place.

    Before the arraignment, the defence challenged the court’s jurisdiction to entertain the charges. The objection was on the basis that it was the Lagos State Attorney-General and not Attorney-General of the Federation through the EFCC that ought to file the charges.

    Justice Abiru, in a ruling on May 31, 2011, dismissed the application and ordered that Akingbola be arraigned. After he pleaded not guilty, the judge adjourned for trial.

    As the EFCC sought to open its case, the defence sought a stay of proceedings pending the determination of their appeal against Justice Abiru’s May 31 ruling.

    Justice Abiru dismissed it and held that Section 277 of the Administration of Criminal Justice Laws of Lagos State and Section 40 of the EFCC Act did not give room for stopping a trial in criminal proceedings before the delivery of judgment.

    The defence then sought adjournments on the ground that the prosecution counsel, Mr. Emmanuel Ukala (SAN), served them a counter-affidavit to their pending motions late.

    They also sought an adjournment because the court was on vacation; therefore, the judge lacked jurisdiction to entertain the case.

    Justice Abiru heard the applications in October 2011 and struck them out for lacking merit.

    After these delays, EFCC called its first witness. The trial continued till April 15, 2012 when the EFCC closed its case.

    Rather than open their defence, the defendants filed an application for a no-case submission (in which a defendant seeks acquittal without having to present a defence). Justice Abiru, on May 30, 2012, dismissed the no-case answer.

    Eventually, the defence called four witnesses, including Akingbola and Dada, who denied all the allegations by the EFCC. Akingbola, who was the last defence witness to testify, denied allegations of theft against him, describing them as “false, incorrect and malicious”.

    On September 11, 2012, the defence counsel accused the judge of bias on the ground that the judge overruled a request for an adjournment to continue leading Dada in evidence on another day.

    Fagbohungbe said he wanted an adjournment to carry out investigation on “certain things”. He also complained that the judge was not writing down part of Dada’s testimonies. But the judge said the request for an adjournment was unnecessary.

    On October 22, 2012, the defence team sought an adjournment because they were unable to produce a witness they had promised to bring.

    Justice Abiru refused the prayer, and ordered defence to close their case. The judge said his order followed an undertaking by Fagbohungbe that the defence’s case would be closed if the witness was not produced in court that day.

    Justice Abiru then adjourned till November 15, 2012, for adoption of final written addresses by parties. A date for judgment would have been fixed that day, but it never happened.

    It was announced on November 2, 2012 that Justice Abiru had been elevated to the Court of Appeal. In effect, the case, which was almost concluded, would start de novo (all over again) before another judge.

    Akingbola and Dada were re-arraigned before Justice Adeniyi Onigbanjo on February 26, 2013. Again, EFCC went through the process of recalling its witnesses. When it closed its case, Akingbola again made a no-case submission.

    On July 15, 2013, Justice Onigbanjo dismissed the no-case application, holding that it lacked merit and that a prima facie case was established against the accused. He directed Akingbola to open his defence.

    But there was a further twist in the tale. The judge was redeployed from the court’s criminal division to the commercial division. This development again cancelled previous proceedings in the case. The trial would begin de novo once again.

    The case was re-assigned to Justice Lateef Lawal-Akapo. Akingbola was billed to be re-arraigned on December 9, 2013. Curiously, the court’s registrars ‘erroneously’ failed to include Akingbola’s case in the list of matters for the day. This led to a further adjournment till March 24 2014. The re-arraignment never held.

    Akingbola, through his new lawyer, former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN), challenged Justice Lawal-Akapo’s jurisdiction to hear the case.

    The defence counsel also sought to quash the charges on the basis that they related to banking and capital market issues which he said were within the Federal High Court’s jurisdiction.

    On May 2, 2014, Justice Lawal-Akapo dismissed the objections for lacking in merit and assumed jurisdiction in the case. On June 23, 2014, Olanipekun prayed the court to stay proceedings in the trial until an interlocutory appeal against the May 2 ruling is determined at the Court of Appeal.

    On December 31, 2014, the Court of Appeal sitting in Lagos quashed the 22-count charge against Akingbola.

    Justice Amina Augie held that Justice Lawal-Akapo lacked the jurisdiction to entertain the case.

    Case status: The EFCC, reacting to the Supreme Court’s verdict in the case of another bank chief, Okey Nwosu, indicated that Akingbola’s trial would resume again.

     

    Nwosu

    Former Managing Director of the defunct Finbank Plc, Okey Nwosu, was charged with N10.9 billion fraud at the Lagos State High Court.

    He is standing trial along with three former directors – Dayo Famoroti, Danjuma Ocholi and Agnes Ebubedike.

    Nwosu challenged the charge on the grounds that it was an abuse of court process. He also questioned the court’s jurisdiction. The Lagos High Court dismissed his objection. Nwosu appealed and won on November 21, 2014.

    EFCC appealed to the Supreme Court. The apex xourt, in its judgment, upheld EFCC’s appeal and set aside the decision of the Court of Appeal, Lagos Division.

    The apex court faulted the Court of Appeal’s reasoning and directed Nwosu and directors in his bank to submit themselves for trial.

    The EFCC hailed the judgment, describing it as a victory in its fight against corruption.

    It said: “The EFCC has won a major victory in the war against economic and financial crimes as the Supreme Court categorically ruled that Nwosu, who is being prosecuted by the EFCC over N18billion shares scam, should face his trial.

    “Nwosu’s previous victories at the lower court slowed down the prosecution of other bank chiefs, who aligned with his victory, to ask that their cases be struck out.

    “But with this ruling of the apex court, the trial of the likes of Atuche and Akingbola would receive a major boost.”

    Case status: Trial has resumed in Nwosu’s case before Justice Lateefat Okunnu

     

    Atuche

    The EFCC re-arraigned former Managing Director of Bank PHB (now Keystone Bank) Mr. Francis Atuche at the Federal High Court in Lagos.

    He was charged along with a former defunct Spring Bank Plc Managing Director Mr. Charles Ojo on an amended 45-count charge bordering on alleged N125 billion fraud.

    The re-arraignment was caused by the transfer of Justice Saliu Saidu to another division after trial had commenced.

    The case began afresh for the fifth time before Justice Ayokunle Faji. Atuche and Ojo were first arraigned on October 20, 2009 on 45 counts before Justice Akinjide Ajakaiye. They were subsequently re-arraigned before Justice Murtala Nyako on February 3, 2012.

    They were again re-arraigned on November 15, 2012 before Justice Rita Ofili-Ajumogobia, who later withdrew after being accused of bias.

    Case status: Trial still ongoing before Justice Faji, eight years after.

     

    Ebong

    Former Union Bank Plc Managing Director Barthlomew Ebong was among bank chiefs sensationally removed by the CBN in August 2009.

    Ebong was charged along with former directors Niyi Opeodu, Henry Onyemem and Samuel Anyininuola. EFCC alleged they unlawfully granted loan facilities to themselves without security and above the approved limit without lawful authority from the Central Bank of Nigeria. About N83.67 billion bank funds were alleged to have been used.

    They were also alleged to have granted credit facilities to Falcon Securities, in connivance with its Directo,r Peter Ololo, without collateral. Ololo is also standing trial.

    The defendants were re-arraigned on November 15, 2012 before Justice Ofili-Ajumogobia. However, following the judge’s transfer to Ilorin, the defendants were again re-arraigned before Justice Oluremi Oguntoyibo.

    Case status: Trial ongoing

     

    Other pending high-profile cases

     

    The Lawan/Farouk case

    A former chairman, House of Representatives Ad Hoc Committee on Fuel Subsidy, Farouk Lawan, and its Secretary, Boniface Emenalo, were charged with collecting bribe from oil magnate Femi Otedola.

    They were arraigned on February 1, 2013 at the Federal Capital Territory High Court in Gudu, Abuja.

    The Federal Government, through the Office of the Attorney-General of the Federation, is prosecuting Lawan on amended four counts of corrupt collection of $500,000 out of the $3million bribe he allegedly requested from Otedola.

    Lawan was accused of accepting $500,000 to remove Otedola’s company’s name, Zenon Petroleum and Gas Ltd, from the list of firms indicted by the Lawan-led House committee for allegedly abusing the fuel subsidy regime in 2012.

    Their trial started under Justice Mudasiru Oniyangi. As progress was being made, the judge, as in the Akingbola case, was elevated to the Court of Appeal.

    After the loss of several months, the case was re-assigned to Justice Adebukola Banjoko on June 11, 2014.

    On November 18, 2014, Justice Banjoko surprised a packed courtroom when she announced that she was withdrawing from the case.

    Her reason: to stem an unfounded allegation that sought to impugn her integrity. The judge ordered the casefile to be returned to the FCT Chief Judge.

    The case was subsequently re-assigned to Justice Angela Otaluka.

    While the matter was before Justice Otaluka, the prosecution was getting to the end of its case having called four out of its five proposed witnesses.

    But, the Chief Judge, Justice Ishaq Bello, suddenly withdrew the case from Justice Otaluka and re-assigned it to Justice Yusuf Halilu. The Chief Judge acted on a petition filed by Lawan in March.

    Justice Halilu on October 17 dismissed an application by the Federal Government seeking the return of the case to Justice Otaluka.

    Prosecuting counsel Chief Adegboyega Awomolo (SAN) had contended in his motion that the case was transferred in violation of Section 98 of the Administration of Criminal Justice Act.

    The prosecution said the transfer of the case to Justice Halilu on the basis of Lawan’s unproven allegations of bias against Justice Otaluka “is against the interest of justice, good governance and public opinion.”

    In a supporting affidavit deposed to by a lawyer in Awomolo’s law firm, Mr. Olamide Oyetayo, the prosecution explained that the Chief Judge refused to set up a panel to investigate the alleged bias before transferring the case to another judge.

    But, Justice Halilu held that the Chief Judge did not owe anybody any explanation for the transfer of such case, and that the law did not provide that the Chief Judge must disclose the outcome of any investigation before the transfer of a case from one judge to the other.

    Case status: Justice Halilu adjourned until today for re-arraignment.

     

    Ex-Pension director

    The trial of former Director of Pension Administration in the Office of the Head of the Civil Service of the Federation Dr. Sani Teidi Shuaibu and some others in relation to their alleged involvement in N4.56 billion pension scam is still pending.

    The case has been before the Federal High Court since 2011 when they were arraigned before Justice Adamu Bello.

    Upon his retirement in 2013, the case was transferred to Justice Adeniyi Ademola.

    Teidi accused Justice Ademola of bias and sought the transfer of the trial to another judge. The request was granted. The case is now before Justice Gabriel Kolawole.

    Case status: Trial ongoing

     

  • Trials without end?

    Trials without end?

    The Economic and Financial Crimes Commission (EFCC) is prosecuting over 103 high-profile cases. At least six of the cases were filed 10 years ago. Why are the trials still pending in courts? ROBERT EGBE asks.

    Criminal trials lasting several years are not peculiar to the Nigerian judicial system. In India, for instance, 1,680,865 criminal cases have lasted longer than 10 years as at October 15, 2017, according to the country’s National Judicial Data Grid (NJDG). Overall, more than 22 million cases are pending in India’s district courts, six million of which have lasted longer than five years.

    In Nigeria, how long do criminal trials last?

    In October 2016, Nigeria’s foremost anti-graft agency the Economic and Financial Crimes Commission (EFCC) published a list of 43 high-profile cases it has been prosecuting since 2007. It said it secured 125 convictions in 2016 alone.

    Last month, it was reported that the anti-graft agency had made details of 60 more high-profile cases available to the Office of the Attorney-General of the Federation and Minister of Justice. Thus, 103 of such cases filed by the EFCC between 2007 and 2015 are pending in courts.

    Six of the cases stand out for two reasons: they began 10 years ago and involve former governors for alleged money laundering and fraud. A few others have been on for a little less longer. They are as follows:

     

    Odili

    Perhaps the most=talked about case involving the EFCC is the one instituted by Peter Odili, who governed Rivers State for two-terms, from May 29, 1999 to May 29, 2007.

    On December 12, 2006, the EFCC issued an interim investigative report and prepared a draft of 223 charges against Odili, accusing him of embezzling N100 billion.

    On January 31, and February 26, 2007, at the twilight of his tenure, Odili approached two courts in the state capital where he filed two cases through his Attorney-General, Mr. Odein Ajumogobia (SAN). The cases were filed on behalf of the state.

    The first case was before Justice PNC Agumagu of the Rivers State High Court, Port Harcourt, where he sought the court to declare, among others, that the “House of Assembly for Rivers State is not entitled to surrender to any person, body, or organisation (including ICPC and EFCC, or any other investigative body), or share or abdicate its powers of control over the public funds of Rivers State as vested in it by the Constitution.

    The second case was filed before Justice Ibrahim Buba of the Federal High Court, Port Harcourt. It had the EFCC, the Speaker, Rivers State House of Assembly, Rivers State House of Assembly, and the Clerk of the House as defendants.

    The suit sought a declaration that the EFCC is not entitled to share the powers of the Rivers State House of Assembly under the Constitution. It also sought, among others, an injunction restraining the EFCC from sharing the powers of the Assembly and also from disseminating, and distributing or acting on the report of investigation it carried out into the administration and management of the funds appropriated by the Rivers State House of Assembly.

    On February 16, 2007, Justice Agumagu delivered his judgment where he declared that the EFCC, as an organ of the executive arm of government, has no right under a federal system to inquire into the accounts of Rivers State.

    The judge also restrained all the defendants from cooperating, or giving the EFCC access to the accounts of the state.

    The suit before Justice Buba of the Federal High Court also went into full trial and in a judgment delivered on March 20, 2007, Justice Buba upheld the plaintiff’s prayers.

    However, two months after leaving office, Odili again returned to Justice Buba’s court where he filed a suit in his personal capacity against the Attorney-General of the Federation and EFCC.

    The judge granted his prayers and restrained the EFCC from arresting, detaining, or prosecuting him. It also granted a perpetual injunction restraining the EFCC from using its interim report, which the court had earlier declared null and void.

    Following a petition against the judge, the National Judicial Council (NJC) examined the judgment and found no irregularity.

    Case status: The Chairman, Special Presidential Investigation Panel for the Recovery of Public Property, Chief Okoi Obono-Obla confirmed to The Nation that the EFCC’s appeal against the judgment is pending at the Court of Appeal, Port-Harcourt Division.

     

    Dariye

    The EFCC charged former Plateau State Governor Joshua Dariye at the Federal Capital Teritory (FCT) High Court, Gudu, with N1.162 billion fraud.

    Dariye is facing a 21-count charge bordering on breach of trust and diversion of N1.162 billion Plateau Ecological Fund. The trial commenced in October 2007 before Justice Adebukola Banjoko, but the case could not proceed because Dariye filed an application challenging the court’s jurisdiction.

    He argued that he should be tried in Plateau and not in Abuja but his application was dismissed by the lower court.  However, the matter dragged on until 2015 when the Supreme Court ordered him to return to the Abuja High Court for trial.

    At the last hearing at the High Court on October 10, 2017 Dariye closed his case and applied for a written address.

    Case status: Adjourned till December 7, for written addresses.

     

    Nnamani

    Former Enugu State Governor Chimaroke Nnamani was arraigned at the Federal High Court, Lagos in 2007, on a N5 billion money laundering charge. The ex-governor was docked alongside Sunday Anyaogu, his then aide and six firms linked to them. The firms are Rainbownet Nigeria Limited; Hillgate Nigeria Limited; Cosmos FM; Capital City Automobile Nigeria Limited; Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.

    The case was re-assigned to Justice Charles Archibong following the transfer of Justice Abubakar, now of the Appeal Court, out of the Lagos Division of the Federal High Court.

    Again, the case was re-assigned to Justice Mohammed Yinusa, after Justice Archibong (now retired) was also transferred out of the Lagos Division of the court.

    According to the charge, Nnamani allegedly conspired with other accused persons to launder funds from the state treasury, especially monies meant for the local government areas of Enugu State.

    On November 18, 2014, the EFCC prosecutor, Kevin Uzozie, obtained leave of court for a separate trial of the companies, which were arraigned alongside Nnamani.

    Uzozieargued that the matter had been stalled several times on account of Mr. Nnamani’s frequent applications to travel abroad for medical treatment.

    Mr. Uzozie said from the records of the court, it was clear that Mr. Nnamani had always applied to court for leave to travel out of the country on grounds of ill-health.

    “It is a scandal that a criminal case which the law says must be speedily concluded has not even proceeded to trial seven years after it was filed,” he said.

    On May 19, 2015, the four companies pleaded guilty to a 10-count amended charge.

    Case status: Trial has been delayed by Nnamani’salleged illness.

     

     

     Kalu

    The EFCC arraigned former Abia State Governor Orji Uzor Kalu in 2007, on a 96-count charge of money laundering.

    However, Kalu challenged the competence of the charge and the power of the EFCC to prosecute him. This preliminary issue was argued up to the Supreme Court, delaying trial.

    After a lengthy legal battle, the apex court in 2016, ordered him to stand trial. In October 2016, the EFCC re-arraigned Kalu, Udeh Udeogu and Slok Nigeria Limited at the Federal High Court in Lagos on 34 counts of laundering N3.2billion, to which they pleaded not guilty.

    The defendants allegedly diverted about N3.2billion from the Abia State treasury while Kalu was the governor.

    Case status: Trial ongoing.

     

    Nyame

    Former Taraba State Governor Jolly Nyame was arraigned by the EFCC for alleged stealing and diversion of state funds in 2007. The EFCC accused him of  41-count charge of criminal misappropriation of N1.64 billion state funds.

    He challenged the jurisdiction of the Federal Capital Territory (FCT) High Court, Gudu, to try him up to the Supreme Court. But the apex court ruled that he had a case to answer and his trial recommenced in 2016.

    Case status: Following the conclusion of his testimony, the EFCC continued Nyame’s cross-examination on October 12, 2017.

     

    Goje

    The trial of Senator Danjuma Goje, a former governor of Gombe State, began in 2007. But following his re-election as governor in 2007, his trial could not proceed because he was immune from prosecution.

    Goje is being prosecuted for alleged conspiracy and money laundering at the Federal High Court, Plateau State.

    At the continuation of trial on September 26, 2017, the EFCC presented four witnesses, who testified as the 15th, 16th, 17th and 18th witnesses.

    Case status: Justice Babatunde Quadri adjourned till November 20 and 21 for continuation of trial.

     

    Turaki

    Saminu Turaki, who served two terms as governor of Jigawa State, from 1999 to 2007, was arraigned before Justice Binta Murtala Nyako of the Federal Capital Territory High Court on July 13, 2007 on a 32-count charge of misappropriating N36 billion while in office.

    But his trial could not continue because, according to the EFCC, he absconded after being granted bail.

    On May 3, 2013, a Federal High Court in Dutse, the Jigawa State capital, issued a warrant for his arrest for serially failing to appear before the court.

    At a book launch in Abuja on July 4, the EFCC re-arrested Turaki. He was in EFCC custody for 14 days, but was released on the order of Justice Nnamdi Dimgba of the Federal High Court, Abuja.

    Case status: Trial commenced on September 28, 2017.

     

    Other long criminal trials

    Ladoja

    On August 28, 2008, former Oyo State Governor Rasheed Ladoja was arrested by the EFCC over allegations of non-remittance of the proceeds of sale of government shares totalling N1.9 billion during his administration.

    He was briefly remanded in prison by the Federal High Court in Lagos on August 30, 2008 and granted bail on September 5. The case went to the Supreme Court, which dismissed Ladoja’s interlocutory appeal.

    The EFCC re-arraigned the former governor at the Federal High Court in Lagos last December, for allegedly converting N4.7 billion from the state treasury to his personal use. He was charged along with Waheed Akanbi on eight counts of money laundering and unlawful conversion of public funds.

    Case status: Trial ongoing.

     

    Fayose

    The EFCC, on November 22, 2012 re-arraigned Ekiti State governor, Ayodele Peter Fayose, on a 27-count charge of conversion of public funds amounting to N416,138,360.75 at the Federal High Court, Ado-Ekiti.

    The EFCC accused Mr. Fayose of stealing the state’s funds during his first stint as governor between 2003 and 2006.

    The agency called three witnesses in the case before Fayose was sworn in as governor in October 2014.

    Case status: Struck out due to the immunity Fayose enjoys as governor under Section 308 of the 1999 Constitution.

     

  • Supreme Court outlaws stay of proceedings in criminal trials

    The Supreme Court has stopped granting of stay of proceedings in criminal trials.

    It said the grant of stay was unlawful as it violates the provisions of Section 306 of the Administration of Criminal Justice Act (ACJA), 2015, and Section 40 of the Economic and Financial Crimes Commission (Establishment) Act, 2004.

    Opponents of the provisions in Sections 306 of ACJA and 40 of the EFCC Act have argued that prohibiting courts from staying proceedings in criminal trials was a violation of the Constitutionally guaranteed right to appeal.

    But, the apex court, in its ruling on Friday, said the provisions of both laws were in conformity with the constitutional provision in Section 36(4), which provides that any person charged with a criminal offence “shall be…entitled to fair hearing in public within a reasonable time.”

    The Supreme Court gave the verdict in its ruling, last Friday, while rejecting an application for stay of proceedings brought by ex-spokesman of the Peoples’ Democratic Party (PDP), Olisa Metuh.

    The court, in a unanimous decision by a five-man panel, held that, as against Metuh’s lawyer’s contention, the provision of Section 306 of the ACJA was not limited to the trial court.

    In the lead ruling written by Justice Clara Bata Ogunbiyi, but read by Justice Ejembi Eko, the court held that Metuh’s application for stay of proceedings was “violently in conflict” with the provisions of Section 36(4) of the Constitution as well as Section 306 of ACJA, Section 40 of the EFCC Act 2004 and a number of case law authorities.

    Justice Ogunbiyi, in the lead ruling, faulted Metuh’s lawyer’s reliance on the Supreme Court’s decision in 2016, in granting a stay of proceedings in the trial of the Senate President, Bukola Saraki, before the Code of Conduct Tribunal (CCT).

    Justice Ogunbiyi said:  “This court (the Supreme Court) pronounced also in Olubukola Saraki V Federal Republic of Nigeria (2016) 3 NWLR (Pt. 1500) SC 531 that the Code of Conduct Tribunal (CCT) is not a court of superior record of jurisdiction, but a court of qusi-criminal jurisdiction.

    “Therefore the application of the cases to the circumstances of this case (Metuh’s case) cannot be relevant, as rightly submitted by the learned counsel to the first respondent (EFCC’s lawyer).

    “The appellant/applicant’s (Metuh’s) motion for stay of proceedings is violently in conflict with the provisions of section 36(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), section 306 of ACJ and section 40 of the EFCC (Establishment) Act, 2004 as well as the plethora of case law authorities cited.”

    “I wish to emphasise that this is a criminal proceeding. There are also clear constitutional and statutory provisions that enjoin and mandate the trial court not to delay criminal cases.”

    Justices Dattijo Muhammad, Justice Kudirat Kekere-Ekun,  Eko and Sidi Bage, who were also on the panel,  agreed with Justice Ogunbiyi.

    Metuh and his firm, Destra Investments Limited are being tried before Justice Okon Abang of the Federal High Court, Abuja on a seven-count charge of money laundering and fraudulent receipt of N400m from from the Office of the National Security Adviser (NSA) on November 22, 2014, for PDP’s campaign activities.

  • ‘6000 awaiting trials inmates don’t have lawyers’

    Six Thousand inmates are awaiting trial in Lagos Prisons, according to Prison Fellowship of Nigeria (PFN) Executive Director Benson Iwuagwu.

    They do not have lawyers, said Iwuagwu, who is also Lagos State Restorative Justice Project Coordinator.

    He called for the establishment of a unit within the prisons command to facilitate the referral of inmate to the Restorative Justice Centre (RJC) for legal representation.

    Iwuagwu spoke during a technical meeting of the Lagos State Restorative Justice Steering Committee, an initiative of the PFN in partnership with the Lagos State Government. The project is supported by the European Union and Nigeria United Nation’s Office on Drug and Crime (UNODC).

    Iwuagwu said the country’s criminal justice system was struggling with crippling challenges of delay, over-use of custodial measures and consequent overcrowding in prison.

    “Over 70 per cent of Nigeria’s prison population is currently awaiting trial in overcrowded detention centres, with 90 per cent of them lacking legal representation,” Iwuagwu said in a communique issued after the meeting.

    He said the delay and congestion were linked to what he called the “largely” retributive justice system, despite the transformative provisions in the Administration of Criminal Justice Act (2015).

    According to Iwuagwu, restorative justice can be applied at every stage of the criminal justice process, from pre-charge to post conviction and has the capacity to transform the criminal justice system.

    “This is because restorative justice gives the victim and community, voice, in the criminal justice system, whilst enabling the offenders to face the consequences of their actions and inspire rehabilitation and reconciliation,” he said.

    Deputy Controller Welfare, Nigeria Prison Service, Lagos, Musili Olasanya said the restorative system would address the issue of classification and delayed trial.

    “We have over 7000 inmates, 1000 are convicted, over 6000 are awaiting trials. About 1000 of those on trial have lawyers to represent them in court,” Olasanya said.

    Co-ordinator, UNODC Support for Justice Sector Reform Programme, Nigeria Dr Uju Agomo said restorative justice was embedded in the African traditional system that is rooted in communalism. This, he said, could be adapted to Lagos State and Nigeria’s Criminal Justice system.

    She said there was need to strengthen the legislative and administrative footing for restorative Justice through an executive bill for the establishment of Lagos State Restorative Justice Centre.

  • Tornadoes invite 25 for trials

    Tornadoes invite 25 for trials

    Niger Tornadoes have invited 25 players for screening in preparation for the upcoming 2016/17 Nigeria Professional Football League (NPFL).

    Tornadoes head coach, Abubakar Bala said arrangement has been concluded to receive the invited players in Minna on Sunday as trials and screening exercise will commence on Monday.

    Bala said the 10-day exercise will afford the technical crew the opportunity to assess the players as well as select those who distinguished themselves in the exercise.

    The former FC Lokoja coach said among the 25 invited players are two foreigners who are expected to join the 17 retained players in camp.

    Bala, who guided Tornadoes to 11th finish in the out gone top-flight, said there will not be any automatic shirt for both the retained and the invited players.

    He charged them to give a good account of themselves as various measures are in place to select the final list urging the players to be disciplined as it was one of the major criteria of the trial exercise.

    Bala, however, warned that gate crashing will not be entertained as there is no time for the team to have an open screening exercise.

    “We want to avoid the mistakes of last season, we won’t open up the screening exercise, what we are even doing now is filling up the areas where we have deficiency. All that we want now is to assemble the best crop of players that will compete favourable well with other top clubs in the league as getting a continental slot will be our priority in the coming season. At the end of the 10-day exercise the team will go for a pre-season tour outside the state as well as take part in pre-season tournaments,” said Bala to supersport.com.

    Bala said the side are aware of interest by top teams in their left full back but insisted that they are monitoring the situation as well as options available.

    “Wassa is still our player, young, talented and promising. We know many clubs are after him, for now we are not ready to part ways with him. The best we can do is to let him out on loan, this is the only consideration we can offer for now,” said Bala.

  • Curbing delays in trials

    •With lawyers manipulating the proceedings for time, a deadline for cases could work

    The avowal by President Muhammadu Buhari to kill corruption before it kills Nigeria is turning into a ding-dong affair. This is despite the laudable introduction of the Administration of Criminal Justice Act (ACJA) 2015, created to aid the quick dispensation of criminal justice. The act, which set out to deal with the delay tactics employed by litigants, lawyers and even judges, did not however take into cognisance the ridiculous traits of the Nigerian big man, charged with a crime. From feigning illness and seeking treatment abroad, to unending cross-examination and filing frivolous applications, to insulting the judge so as to later accuse him of possible bias, to using institutional threats and intimidation, the Nigerian accused, particularly the politically exposed, would do anything to frustrate a speedy criminal trial.

    It is as if the ACJA, which was enacted to save the national embarrassment that our criminal justice has turned into, is not encompassing enough. Or could it be that the challenge is not in the law, but with the relevant state operators, such as the investigators, prosecutors, and adjudicators? So, could it be that those charged with investigating crimes, like the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), the special crimes units of the police, and other relevant security agencies, lack the forensic competence necessary to efficiently investigate a crime, and build a case for prosecution? Or, could it be that the prosecutors, led by the Attorney-General of the Federation (AGF), and the team of lawyers retained by the investigating agencies, lack the requisite skill to successfully prosecute the cases?

    Also, could it be that this government’s avowed sense of urgency in fighting corruption is threatened by malfeasance and corruption within the judiciary? If the President’s boast, in October last year, while attending the 3rd India-Africa Forum Summit, in New Delhi, India, that: “we will continue to prosecute those who have been indicted for corrupt practices and ensure that stolen funds are recovered, to serve as deterrence to others who nurse the ambition of seeking public office solely for illegal personal gain,’’ must be actualised; then there is the urgent need to find the loophole exploited by the accused persons and their collaborators, and get it fixed without delay.

    To lead this charge to bring to justice those who have abused their public trust, and broken our laws, should be the AGF. In urging the AGF to do more, Chief Justice of Nigeria, Mahmud Mohammed, reportedly said: “I would likewise wish to encourage you (AGF) to display a greater resolve than your predecessors in tackling outstanding cases before the courts. In times past, the Attorney-General of Federation would often lead teams of legal counsel in high profile cases so as to demonstrate the resolve of the government to enshrine the rule of law”

    Unfortunately it does not appear as if the present AGF is willing to lead this task. And this has given the impression in some quarters that the government has not shown enough political will to tackle corruption in all its ramification. There is also worry as to the competence of some of the private prosecutors recruited to prosecute some of the high profile cases. Perhaps, the Professor Itse Sagay and the recent AGF-led committees should come up with a plan of action to make the ACJA more effective, and also guide the AGF on how to recruit and equip through training, a crop of public prosecutors, to deal with the increasing number of criminal cases.

    Another option also is to ape the election tribunal law and set deadlines for handling corruption cases. This may stem the legal rigmarole and mischievous manoeuvres that have dogged the court cases.

    With the daily allegations of mind-boggling corruption in the media, we urge a coordinated reinvigoration of the war against corruption.

  • The trials of brother king

    ‘The trials of brother Jero’ and ‘Jero’s metamorphosis’ are two of Nobel Laureate, Professor Wole Soyinka’s most hilarious and delightful plays. Written over three decades ago, the plays depict the dexterity with which a devious man of God preys on the insecurities and vulnerabilities of members of his flock for his own pleasure and material benefit. The current trials of Reverend King, also known as Chukwuemeka Ezeugo, Overseer of the Christian Praying Assembly, who has been sentenced to death by hanging by the apex court of the land for murder, violence and sexual predation, reminded me of the Jero plays. But then, what type of socio-economic context allows the unscrupulous likes of Rev. King flourish?

    In his notable theory of the two publics, eminent political scientist, Professor Peter Ekeh, argued that one of the reason why corruption thrives so much in Africa is that the colonially imposed state exists in an amoral milieu in which officials of state suffer no pangs of conscience as they utilise their positions to loot public resources to benefit their ethno-regional groups. Of course, this is a rough rendering of Ekeh’s thesis but I think it offers us some insights into the relationship between religious institutions such as churches and mosques and public officers in contemporary Nigeria.

    Thus, the individual loots state resources. He or she makes huge financial contributions to their church or mosque. Religious leaders accept these ‘offerings’ and ‘tithes’ without question. The looting state officials are the most prominent and exalted members of church or mosque.  The state, largely because of industrial scale corruption, is unable to provide adequate healthcare for citizens. But no matter, the religious institutions flourish as more people run to them for miracle health cures.

    The state, as a result of massive corruption, cannot provide qualitative and affordable education for children. That only provides religious institutions that receive offerings from thieving officials the opportunity to establish thriving educational institutions at all levels. When highly respected and decent members of the religious establishment – Christian and Muslim –close their eyes to the massive looting of public resources thereby becoming complicit by their silence, they help in creating the conditions that enable the likes of Reverend King to successfully exploit the ignorant multitude for cynical ends. But then, should the death sentence on Rev. King be carried out as many are demanding? I think not. That would mean our collective descent to his level of beastly meanness. There should be a higher, more ennobling way. A life sentence is as good as a death sentence.

  • 200 boxers begin trials ahead of Africa Games

    200 boxers begin trials ahead of Africa Games

    Not less than 200 boxers on Monday began weighing-in and medical fitness tests, ahead of the maiden Kenneth Minimah National Boxing Championship.

    The trials which began on June 29 will end on July 4.

    The News Agency of Nigeria (NAN) reports that the tests and weighing-in were being conducted at the Brai Ayonote Boxing Gymnasium, National Stadium, Lagos.

    Adura Olaleyin, the national boxing coach said the trials commenced with medical certification and weighing-in of the boxers.

    According to him, the exercise is being conducted by medical experts from the National Sports Commission (NSC) and International Amateur Boxing Association (AIBA). Olaleyin said the medical officials will ascertain the fitness of the boxers for the fight.

    “We have specialist medical personnel from AIBA and the NSC, who will help to check the current state of the boxers before issuing those considered fit with a clean bill of health. If they fail to meet up with the medicals and weighing-in, they will be dropped automatically even if they have their own medical fitness report,’’ he said.

    He, however, described the tests as the final stage for the medicals before the commencement of the fights, which would also serve as the national trials for the 2015 All Africa Games to be held in Congo-Brazzaville.

    Olaleyin said that event would feature 16 weight categories in both male and female.

    “For the men there are the Light-Flyweight (49kg), Flyweight (51kg), Bantamweight (56kg), Lightweight (60 kg), Light Welterweight (64kg) and Welterweight (69kg). Middleweight (75kg), Light Heavyweight (81kg), Heavyweight (91kg)and Super Heavyweight (+91kg).

    In the Women category, they are Flyweight (51kg), Bantamweight (54kg), Featherweight (57kg), Lightweight (60kg), Welterweight (69kg) and Middleweight (75kg).

    The coach said that the boxers would train with a computerised scoring system in order to get acquainted with the facility in modern practice.

  • Chikere for Sheriff trials

    Chikere for Sheriff trials

    Nigerian striker Osita Henry Chikere will undergo trials at Moldovan club FC Sheriff Tiraspol for a possible winter transfer.

    AfricanFootball.com gathered from a source close to the Vikings striker that he will earn a contract, if he passed the trial.

    “Chikere will begin trials with FC sheriff of Moldova on January 20th. If he passed, he will earn a deal,” he told AfricanFootball.com. The 23-year-old Chikere has been with Vikings since 2013.