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Assets Forfeiture: Court Strikes Out EFCC’s Suit Against Gov Bello
Published
12 months agoon
By
EditorA Federal High Court in Lagos, on Wednesday, struck out an interim order of forfeiture obtained by the Economic and Financial Crimes Commission, EFCC, seeking to seize 14 properties linked to Governor Yahaya Bello of Kogi State.
Justice Nicholas Oweibo struck out the suit on the ground that Section 308 of the 1999 Constitution prevents the institution of any criminal or civil case against a sitting governor or the President.
The judge had, on February 22, granted the temporary forfeiture order, following an ex parte motion filed by the anti-graft agency seeking to seize 14 properties located in Lagos, Abuja and the United Arab Emirates (UAE).
The court also directed EFCC to make publication in two national dailies for any interested parties to show cause why the order should not be made absolute.
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However, consequent upon the publication of the preservative order, Governor Bello had filed Notice of Intention to oppose, and an application seeking the vacation of the interim forfeiture order.
The governor premised his application on the ground that the property listed were not proceeds of unlawful act, as they were acquired long before he was elected as Kogi State Governor and could not have been acquired from Kogi State funds.
He further stated that by Section 308 of the Constitution, the EFCC is prevented from instituting any civil or criminal suit against him.
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He also protested the illegality in the filing of the suit by the EFCC on the ground that the case was in flagrant disobedience to a state high court order, which restrained the EFCC from investigating any account of the Kogi State government pending the determination of the Motion on Notice.
He stated that the interim forfeiture order was obtained by either suppression or misrepresentation of facts by the Commission.
Bello also said that the Proceeds of Crime Act could not take effect in retrospect as the properties in dispute were acquired before he became Kogi State governor.
He said the validity of the Proceeds of Crime Act, 2022 was being challenged at the Supreme Court.
READ ALSO: brKogi Dep Gov, 6 Others Withdraw From Guber Race, Qs Bello Anoints Auditor-Gen
Regarding jurisdiction, the governor stated that the properties listed were in Abuja, Kogi and UAE, and the personality involved is based in Lokoja, adding that the suit ought to have been instituted either in Abuja or in Kogi State.
He, therefore, asked the court to vacate the case for lack of jurisdiction.
In his response, EFCCs lawyer Rotimi Oyedepo (SAN) said that the applicant had brought nothing before the court to convince the court to vacate the order.
He said contrary to the submissions of the applicant, Kogi State High Court or any other court in Nigeria had not stopped the EFCC from carrying out its constitutional duties.
In his ruling, Justice Nicholas Oweibo held that given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/criminal prosecution, the court lacked jurisdiction to entertain the matter.
Consequently, the court struck out the suit for lack of jurisdiction.
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VIDEO: Villagers Give Nigerian Soldiers Heroic Welcome After Successful Operation
Published
39 mins agoon
April 19, 2024By
EditorA heartwarming video of some villagers giving a heroic welcome to soldiers returning from a successful operation in the North East has been shared online.
The Nigerian Army shared the video online as the soldiers returning from their military operation were met with cheers and celebrations from local residents recently.
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The Army wrote: “Heartwarming welcome accorded to Nigerian Army heroic troops in the Northeast region after a successful operation in Sambisa and Timbuktu Triangle during Operation Desert Sanity III. This video clip captures the genuine and heartfelt welcome extended by the local communities to the valiant troops in appreciation of their successful operation.”
Watch the video below…
News
JUST IN: Court Clears Ex-AGF Adoke Of Money Laundering Charges
Published
2 hours agoon
April 19, 2024By
EditorA Federal High Court in Abuja on Friday discharged and acquitted former Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN) of the money laundering charges brought against him by the Economic and Financial Crimes Commission.
The presiding judge, Justice Inyang Ekwo, while delivering a ruling on a no-case submission filed by the former AGF, held that the EFCC failed to establish a prima facie (sufficient evidence) case against him.
“I find that there is no evidence to prove the alleged offences against the first defendant (Adoke),” the judge said.
READ ALSO: EFCC Declares Ex-Kogi gov, Yahaya Bello Wanted
However, Justice Ekwo ruled that Aliyu Abubakar, the second defendant, has to open his defence because he has a case to answer.
EFCC had preferred a 14 counts charge against Adoke and an oil mogul, Aliyu Abubakar.
In the charge, the anti-graft agency alleged that Adoke sometime in August 2013 in Abuja accepted a cash payment of the dollar equivalent of N300 million from Abubakar and thereby committed an offence punishable under section 16(2)(b) of the money laundering Prohibition Act 2011 as amended.
Details later…
Armed policemen have sealed off the secretariat of the All Progressive Congress,APC, in Makurdi, the capital city of Benue State.
The party secretariat belongs to the Austin Agada-led APC Working Committee located along JS Tarka Way opposite the Railway Market in Makurdi.
There are two party secretariats in the capital city.
The other one belongs to Benjamin Omakolo’s team which is located along Kashim Ibrahim Way.
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The Publicity Secretary of the Agada faction, Daniel Ihomun, said that the sealing off of their secretariat may not be unconnected with the inauguration of members of the zoning committee for the forthcoming local government election.
“We are to inaugurate members of the zoning committee for the coming local government election today at our secretariat only for the government to send policemen and their thugs to seal off the secretariat,” Ihomun said.
It was learnt that policemen and Armour Personnel Vehicle were deployed to the Agada-led office as early as 6am on Friday.
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Efforts to get the reaction of the state Police Public Relations Officer, Catherine Anene, to ascertain the reason for the sealing off of the party secretariat were not successful as her phone rang out at the time of filing this report.
The Agada-led faction had constituted a 21-men zoning committee drawn from the three senatorial districts of the state and was expected to be inaugurated on Friday.
But in a swift response, the Omakolo-led team had in a statement issued by its Publicity Secretary, Terseer Agber, called on all party members and the general public to disregard the zoning committee constituted by the Agada-led committee.
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