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3 Lawyers Docked For Impersonating CBN, Unity Bank In N52m Judgment Debt

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The Federal Government has charged three Abuja-based legal practitioners before a High Court of the Federal Capital Territory, FCT, on four counts of criminal charges, bordering on false information with the intent to mislead the Court into entering a N52m consent judgment in their favour.

The prosecution agency, the Economic and Financial Crimes Commission(EFCC) told the court that the offences are contrary to sections 96 and 140 of the Panel Code law of Northern Nigeria as applicable in the Federal Capital Territory, Abuja.

The lawyers are Messrs Maxwell Opara, Gold Nwankwo and Jubilate Obasikene, all practising in the law firm of Maxwell Opara and Associates.

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The charge filed marked CR/444/2022 and by the prosecution counsel, Ibrahim Buba followed a petition by the Central Bank of Nigeria CBN, to the Chairman of the EFCC, accusing the lawyers of fraudulent representation and impersonation.

They were alleged to have fraudulently entered appearances for the CBN and Unity Bank Plc, without the consent and authorization of the banks in an appeal in respect of garnishee proceedings involving the sum of N52 million, at the Court of Appeal, Abuja division.

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The proceedings were in respect of appeal No: CA/A/18M/2017, between Mr. Godwin Emmanuel Vs Chris Obot. Ambo Top Nig Ltd, Unity Bank Plc and CBN.

The appeal arose from garnishee proceedings wherein the CBN was served with an order Nisi dated November 3, 2015, by the High Court of the Federal Capital Territory, Gwagwalada, Abuja.

The Court of Appeal had granted the CBN leave to appeal against the judgment of the lower court on the condition that the entire judgment sum of N52m be deposited to the deputy Registrar to be kept in an interest-yielding account in a commercial bank within 30 days from the date of the ruling, pending the determination of the appeal.

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The CBN said it was surprising to learn that the matter came up for hearing on September 9, 2020, and that on that day, based on the application filed by counsel to the judgment creditor, Maxwell Opara, the court ordered that the judgment sum be released to the judgment creditor.

The bank asserted that its concern was the fact that neither the bank nor its counsel was served with any hearing notice in respect of the proceedings of September 9, 2020.

That it was further informed that CBN was purportedly represented by one Gold Nwankwo in the proceedings of September 9, 2020, a counsel unknown to or briefed by the bank nor affiliated in any way to any of its external solicitors.

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That in the same vein, One Okechukwu Jubilate Obasikene was said not to have the authority of Unity bank and also appeared for Unity bank in the proceedings.

Upon investigation, it was discovered that the said Gold Nwankwo was listed on the letterhead of Messrs. Maxwell Opara and Associates(counsel to the judgment creditor), as one of its lawyers in chambers.

That it, therefore, appears that the counsel from the chambers of Messrs. Maxwell Opara and Associates representing the judgment creditor, might have colluded to deceive the Court of Appeal by impersonating the counsel briefed by the CBN, contrary to the legal practitioners’ rules of professional conduct.

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Meanwhile, when the case was called for trial, the prosecution counsel, Ibrahim Buba informed the court about the absence of witnesses from the CBN and Unity Bank in court.

He, therefore, urged the court to grant a short adjournment to enable him produce them in court.

Following the consent of the defence of counsel, Justice Hamza Muazu adjourned the case to February 1 and 2, 2023 for trial.

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The charge marked CR/444/2022, and dated August 26, 2022, reads:
“That you Barrister Maxwell Okpara and Barrister Gold Nwankwo sometime in September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.

”That you Barrister Gold Nwankwo on the 9th day of September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja that you were representing the Central Bank of Nigeria during the hearing of appeal No CA/A/18/M/2017 and consented to the withdrawal and striking of the motion paper dated August 29, 2020 and filed on September 1, 2020, knowing that the Central Bank of Nigeria never authorised you to represent it in the proceedings, and you thereby committed an offence contrary to section 140 of the Penal Code law of the Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.

”That you Barrister Maxwell Okpara and Barrister Jubilate Obasikene sometime in September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with the intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.

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”That you Barrister Jubilate Obasikene on the 9th of September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja, that you represented the Unity Bank Plc during the hearing of appeal No CA/A/18/M/2017, and consented to the withdrawal and striking out of the motion paper dated August 29, 2020, and filed on September 1, 2020, knowing that the Unity Bank Plc never authorised you to represent it in the proceedings and you thereby committed an offence contrary to section 140 of the Penal Code law of the Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.

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Insecurity: Army HQ Directs GOC Ibadan To Relocate To Kwara

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The Army Headquarters has directed the General Officer Commanding (GOC), 2 Division of the Nigerian Army in Ibadan, to immediately relocate to Kwara State to further coordinate and boost military response to the insecurity in parts of the state.

This was contained in a statement by the Chief Press Secretary (CPS) to the Kwara State Governor, Rafiu Ajakaye, on Sunday.

It was gathered that the directive of the Army Headquarters followed the killing of no fewer than five forest guards and local hunters by suspected bandits early Sunday morning in Oke, Ifelodun Local Government Area.

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It was also learnt that members of the local vigilance team neutralised an unspecified number of the bandits in the early morning attack.

READ ALSO:JUST IN: Bandits Abduct Kwara APC Chairman’s Wife, Daughter

Meanwhile, Governor Abdulrahman Abdulrazaq of Kwara State, who mourned the deaths of the hunters, “urged our brave residents to remain calm and avoid the temptation to turn on ourselves,” saying, “We will forever be grateful to all of them as our heroes.”

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The Governor also called for increased security deployments to the state to rout the criminals involved in attacks in parts of the state.

In a statement following the attack on the positions of the forest guards and the surrounding areas of Oke Ode, the Governor said the state requires more military deployments to roll back the activities of criminals in parts of the Kwara South and Kwara North senatorial districts.

He regretted the loss of innocent civilians and the forest guards who, he said, mounted a spirited resistance to the assailants in the early morning incident out of patriotism and love for their communities.

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My heartfelt condolences go to the families. No word can adequately capture the depth of my sadness and nothing can compensate the bereaved families for these incidents, in spite of our efforts and the investments in enlisting and training the forest guards to bolster the conventional forces.

“Our people are understandably concerned about the situation, and I wholeheartedly share in this grief,” the Governor said in the statement on Sunday.

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“While we appreciate the efforts and unquantifiable sacrifices of the security forces as well as the successes so far, we definitely need to do a lot more until we are completely out of the woods.”

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Retired DIG Parry Osayande is dead

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Retired Deputy Inspector General of Police, Parry Osayande is dead!

Osayende died on Sunday in Benin City, a day to his 89th birth anniversary.

His death was confirmed in a condolence statement released by the president of the Immaculate Conception College Old Boys’ Association (ICCOBA), Engr. Ighodalo Edetanlen.

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The announcement, made on behalf of the association’s National Executive Committee, described Osayande as an “exemplary old boy” of the college, located in Benin City, the Edo State capital.

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The statement, titled ‘CONDOLENCE: DIG. PARRY OSAYANDE (Rtd),’ reads: “The President, ICCOBA Worldwide, Engr. Ighodalo Edetanlen, on behalf of the National Executive Committee and the entire Old Boys of Immaculate Conception College, Benin City announce, with total submission to the will of God, the peaceful repose of an exemplary old boy, DIG Parry Benjamin Osemwegie Osayande (Rtd) earlier today at the age of 88 years.”

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Born on September 29, 1936, Osayande would have turned 89 on Monday.

His decades-long service to the Nigeria Police Force included high-level postings as Commissioner of Police in Benue and Cross River States. He also served as Chairman of the Police Service Commission, playing a vital role in the country’s law enforcement and administrative reform.

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The association expressed deep sorrow over his passing and called for prayers for the bereaved family.

“While we mourn, let us also uphold the family he left behind in prayers in this moment of grief,” the statement added.

“Details regarding funeral arrangements are expected to be announced in due course.

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“May God grant him and all the faithful departed eternal rest in Jesus Name, Amen,” the statement concluded,

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OPINION: The Madman Sermon On Mapo Hill

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By Festus Adedayo

Ibadan, Oyo State, the city of warriors, quaked last Friday. The rumbling vibrations of the historic coronation of Ex-Governor Rashidi Ladoja as Olubadan sent valleys into a seismic shake. Ibadan’s ancient event center, Mapo Hall, was nearly submerged with excited feet. Children of Oluyole were at the zenith of their excitement. Expensive automobiles, resplendent attires and infectious joy lit the faces of a people who christened self as cunning. That Friday, however, Ibadan wasn’t ready to listen to the rhythm of its famous Láyípo christening. It was rather ready to receive the world.

Suddenly, a huge blot appeared on the landscape. In the eyes of the world, àjàò, the animal called sloth, suddenly crept up the hill of Mapo. When àjàò creeps up an event like this, it is a moment of anomaly, anomie or dystopia. Yoruba then speak in dispraise of this unusually created amoebic-shaped animal. They say, Kinní kan ba àjàò jé̩, apá rẹ gùn ju itan lọ – the only blot in àjàò’s creation is that its arms are disproportionately longer than the legs.

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Many have questioned àjàò’s mis-taxonomy, especially one that equated it with the sloth. To them, àjàò is not a sloth but a flying squirrel. In terms of features, both sloth and flying squirrel strike a resemblance with the Yoruba àjàò, in that they possess disproportionate arms and legs. Apart from these features, the sloth is also the world’s slowest mammal. Flying squirrel, however, is a gliding mammal which is more of a squirrel than any other mammal. Unless àjàò is today extinct, both equivalents it shares features with – sloth and flying squirrel – do not belong to the African habitat. While the sloth’s habitat is the tropical rainforest of Central and South America, the flying squirrel lives in North America, Northern Eurasia, and the temperate, tropical forests of India and Asia. Features-wise, àjàò however slants more towards the sloth.

Sorry, I digressed. On Friday, àjàò appeared in Mapo. It came in the form of the official musician of the coronation event, Taiye Akande Adebisi, famously known as Taiye Currency. Many felt that, even if the need was to Ibadan-ise the Olubadan coronation, for a city which parades A-list musical wizards like Saheed Osupa, Currency was not apropos for an event of that high-octane magnitude. They felt justified when, perhaps seized by an unknown muse of Apollo, Greek mythology’s central deity and embodiment of the spirit of music, Taiye Currency suddenly and seemingly veered off-theme and sang, “Wèrè l’a fi ńwo wèrè…” – madness is the curative medicine for insanity.

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Instantly, the musician courted huge flak of his audience for this perceived off-key musical line. The crowd felt nostalgia for Awurebe exponent, Alhaji Dauda Akanni Adeeyo, popularly known as Epo Akara. Epo’s evergreen tributes to Oba Daniel Adebiyi and Gbadamosi Akanbi Adebimpe, the latter being the 35th Olubadan of Ibadan, who reigned briefly from February 1976 until his death in July 1977, are still considered classics. A typical song sang at political rallies where call for the Mosaic an-eye-for-an-eye is often rife, “Wèrè l’a fi ńwo wèrè…” was seen as an anti-climax among Ibadan people who, for once, forgot political schisms and were united in celebrating their new king.

Unbeknown to the crowd, Taiye Currency was indeed right and deserves our praises. While madness is of a truth cure for madness, on the converse, on that Friday, could the musician have been lost in the mire of the literary device of dramatic irony? In dramatic irony, though the character in the story is oblivious of the situation he plays a vital role in, the audience is aware of it. It then leads to a gap or contrast between what the audience knows and what the character understands. While all of us as audience saw contradictory meanings in Currency’s “Wèrè l’a fi ńwo wèrè…” and the theme of the coronation event, the musician might be communicating a deeper sense of humour and existential tragedy.

Talking specifics now, could Taiye Currency, by that song at Mapo, be espousing the Madman Theory?

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Indigenous psychiatrists who specialise in treatment of lunatics and allied mental ailments pioneered this “Wèrè l’a fi ńwo wèrè…” phrase. The earliest theories on madness believed it was a spiritual affliction. The assumption was that its victims had their minds possessed by an alien deity. While many also believed madness was hereditary, others believed it was a punishment from the gods, resulting from a gross disregard of the gods’ warning. Then came Hippocrates (460–377 B.C.) and the theories of madness shifted to the belief that most bodily illnesses were as a result of various imbalances in the body. Even with this, madness, abnormalities of behaviour and epilepsy were still generally believed to be the workings of the gods.

It is generally believed that, since insanity is a hardcore ailment, its treatment is also hardcore. I witnessed this in the early 1980s when I followed my late father to hire farmhands from the indigenous sanatorium of Baba Aladokun of Ikirun, now Osun State. I saw mentally challenged men and women wickedly shellacked with whips.

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In Yoruba’s main translation of the word, “madness” or “madman” is synonymous with wèrè. The logic of the Madman theory in national leadership was first articulated by Daniel Ellsberg in 1959, followed by Thomas Schelling, in 1960. It is a political theory usually attributed to American President Richard Nixon’s foreign policy. It is derived from Niccolo Machiavelli’s 1517 book, Discourses on Livy and its argument that sometimes, it is “a very wise thing to simulate madness”. Similarly, in his 1962 book, Thinking About the Unthinkable, Herman Kahn, the futurist, argued that to “look a little crazy” could be an effective way of making an adversary stand down from their attack plans.

It worked for Nixon because leaders of hostile communist bloc countries, having assimilated this tendency of the American president as irrational and volatile, avoided provoking the U.S., their fear being of an unpredictable response from Nixon. Another believer in the Madman Theory is President Donald Trump, whose irrationality has attracted renewed interest in the Madman Theory among scholars, lay scholars and the public. Other leaders in recent history associated with the madman theory reputation included Kim Jong-un, Mahmoud Ahmadinejad, Vladimir Putin, Muammar Ghadaffi and Saddam Hussein.

Last Friday in Ibadan, Oba Ladoja received one of the greatest honour of his coronation as President Bola Tinubu graced the historic occasion. When it was time to address the audience, the president gave an inkling of what would be his address to Nigerians on Wednesday, the anniversary of Nigeria’s 65th. In an admixture of felicitations to the new monarch and a message of hope to the Nigerian populace, Tinubu declared that the country’s economic suffering was now back-flung, just the same way a masquerade flings his loose regalia. “Today, I am honoured and feel very proud to give you the cheering news that the economy has turned a corner. There is a bright light at the end of the tunnel. Your suffering has been as painful to us as a painful surgery. But the economy has now returned to a moment of growth and prosperity. Thank you for your perseverance, and thank you for your endurance,” he sermonized.

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Here we go again. My first reading of the above claim of the president is that he has been so extensively hypnotised by his voodoo economists that he has crossed the Rubicon of reality. Or, that he has mouthed this economic recovery shibboleth for too long that the phrase sounds more like an ad-lib motivational speech that must be repeated like a musical refrain. Other than in the Utopia minds of his minders and in the renteer perception of regime fawners, there is no economic recovery in Nigeria, nor has the economy of the average Nigerian turned any corner. It is still in a long sprint.

When this government came in 2023, its demeanour was equal to the biblical “My father (Buhari) scourged you with whips; I will scourge you with scorpions”. At that time, some Nigerians thought, queerly, that though the Madman theory was a concept in international relations, the Nigerian government wanted to suborn obedience by creating economic fear in the minds of the people. With this ad-lib mouthing of the refrain of economic recovery on paper by the president and his team, when in actual fact, reality counters this claim, it seems to occur to Nigerians that government is simply telling them to go jump inside Kudeti River if they do not believe it. Or that a pure Madman theory is at work.

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I just finished reading late Nigeria’s foremost professor of history, Festus Ade-Ajayi’s keynote at the first convocation of the Nigerian Academy of Letters (1999). It was aptly titled, “Development is about the people”. The problem with Nigerian leaders, this current ensemble not excluded, Ade-Ajayi said, is that they are selfish in their prescriptions. While building all their economic and social models, seldom do they enquire what the wishes of the people are. Wherever there is the mouthing of the word ‘development’ and there is no ample recourse to improved quality of people’s life, what we have is regression.

The statistical indicators which the Tinubu team claimed show it that Nigerians are enjoying better times are meaningless if the woman in Oyingbo market cannot agree with them. Same thing with the collapsing inflation rates which they hoist like a scientist who just discovered a fallen object from mass. Those statistics are meaningless if we go to the pharmacy and drugs are still sold at cut-throat prices as they are and our purchasing power is still this lean. Only the Madman theory can explain why leaders would taunt their people with the existence of a surplus when indeed, there is what looks like a famine.

What the president obviously confuses for the general well-being of the people is the flamboyance and the personal economies of his ministers. Indeed, these have “turned a corner”. The talk out there is that his ministers are literally buying up Uranus and Mars with illicit, ill-gotten wealth that will shame Sambo Dasuki’s arms money-gate and Diezani Allison-Madueke’s alleged petrol-dollar sleaze. Yet, there is calm on the home-front. Rather than live by personal example of belt-tightening as he urged his people, the president himself lives the lush life of an Oil Sheik, literally breakfasting in Lisbon, lunch in Paris and dinner in Alaska, at the people’s patrimony’s expense. The Tinubu pain-before-prosperity mantra is appearing as a huge scam. At the UNGA, it was said that 60 presidential aides were ship-loaded to the US, with their big fat estacode (Establishment Code). These are the ones whose economies are turning the corner. The endure-now-to-enjoy-later mantra reminds one of a father who tells his children to endure hard times but lives in unimaginable splendour.

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So, the president knew that Nigerians’ suffering “has been…as a painful surgery”? Interesting. This analogy even makes the situation worse. Surgical procedures are preceded by anaesthesia and followed with analgesics to reduce pain. They are then accompanied with a post-procedure process of recovery and care. None of these did the government administer before yanking us open with its wicked scalpel in May 2023. Nor even thereafter. Many of our compatriots have died needless deaths and many are still dying.

So, when Taiye Currency sang about “Wèrè l’a fi ńwo wèrè…”, flesh and blood obviously didn’t reveal it to him. Either intended or a dramatic irony, what the musician was communicating was that there is no sanity anywhere in this country. We are in one huge sanatorium. The musician thus deserves commendation and not scorn. This government is curing the madness of hunger and lack with the madness of propaganda of a better life, “growth and prosperity”. And a dark cunning of “a bright light at the end of the tunnel”. Shikena!

 

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