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Tag: AGF

  • I will continue to push for national policy on justice – AGF Fagbemi

    I will continue to push for national policy on justice – AGF Fagbemi

    The Attorney General and Minister of Justice, Lateef Fagbemi, has said that the justice sector under his watch would continue to push for mutuality in the formation and implementation of the national policy on justice.

    Fagbemi said this at the 2024 National Judicial Summit on Justice Sector on Wednesday in Abuja, with the theme: `Repositioning the Justice System: Constitutional, Statutory, and Operational Reforms for Access and Efficiency”.

    Giving a brief history on how the national judicial summit was born, Fagbemi said the idea was conceived in 2017 with the aim of providing a veritable platform for analysing, reviewing and accessing issues affecting the Administration of Justice in Nigeria.

    “In furtherance of the above, we are developing draft constitution amendment bills which are aimed at achieving the aims of improved access to justice, deepening the independence and capacity of the judiciary, and eliminating delays in the administration of justice, among others.

    “Justice Sector Summits were held in 2017 and 2022 and this summit offers us an opportunity to assess the successes recorded and challenges faced since these last summits.

    “Specifically, it enables us to measure the impact of the reforms initiated by the National Policy on Justice (2017 – 2023), in the key areas of administration of justice: law enforcement, judicial proceedings, correctional services, restorative and traditional justice, legal education and practice, etc.

    “At this summit we will validate and adopt the revised National Policy on Justice, 2024-2028 which is the product of extensive research work and consultations undertaken by critical stakeholders in the Justice Sector.

    “Although, the draft policy itself is an ambitious document which aims to serve as a catalyst for the transformation of the entire justice system in Nigeria’’.

    According to him, this is an opportunity to have a comprehensive assessment, review and consideration of issues militating against effective administration of justice in Nigeria.

    “There will be a well-articulated broad road map of initiatives, actions and responsibilities for addressing and repositioning the justice sector to effectively and efficiently discharge its duties in enhancing national security: upholding the rule of law, promoting the protection of human rights, democratic principles and the socio-economic development of our nation.

    He highlighted some of the key interventions proposed to be pursued in the Revised National Policy on Justice, 2024.

    The policy, he said, seeks to promote and protect human rights and access to justice which are essential features of a functional justice system.

    He also said it proposes practical and sustainable interventions in the implementation of statutory provisions encouraging protection of human rights and access to justice.

    “It also seeks to improve mechanisms for fair and speedy dispensation of justice; detention and correctional services; restorative justice; alternative dispute resolution (ADR) – developing Nigeria into an arbitration hub on the continent; commerce and economic activities; compliance with treaty obligations; synergy and cooperation across the justice sector; and independence of the judiciary; among others,” he said.

  • Submit yourself to EFCC – AGF tells  Yahaya Bello

    Submit yourself to EFCC – AGF tells  Yahaya Bello

    The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has called on the immediate-past governor of Kogi State, Alhaji Yahaya Bello, to follow the path of decency and submit himself for probe.

    In a statement on Thursday, the AGF said the Economic and Financial Crimes Commission (EFCC) should not be obstructed from carrying out its lawful duties.

    “A situation where public officials who are themselves subject of protection by law enforcement agents will set up a stratagem of obstruction to the civil and commendable efforts of the EFCC to perform its duty is to say the least, insufferably disquieting,” Fagbemi said in the statement he personally signed.

    “A flight from the law does not resolve issues at stake but only exacerbates it.

    “I state unequivocally that I stand for the rule of law and will promptly call EFCC and indeed any other agency to order when there is indication of any transgression of the fundamental rights of any Nigerian by any of the agencies but I also tenaciously hold the view that institutions of State should be allowed to function effectively and efficiently.”

     

  • Absence of AGF stalls arraignment of alleged killers of Imo traditional ruler

    Absence of AGF stalls arraignment of alleged killers of Imo traditional ruler

    The absence of the Attorney-General of the Federation, (AGF) in court on Monday, stalled the arraignment of four suspects alleged to have kidnapped and killed the traditional ruler of Amanze-Obowo autonomous community in Imo, Mr Basil Njoku.

    When the matter was called, the  four suspects and their counsel were present in court but there was no representation from the office of the AGF who had on the last adjourned date, announced that he was taking over prosecution of the case.

    The trial judge, Justice Binta Nyako then shifted hearing in the matter until noon but there was still no representation by the AGF or his representative.

    The situation prompted the judge to invite the lawyers of the defendants into her chambers.

    She then adjourned the matter until April 30 and ordered that fresh hearing notice be served on the AGF.

    The lead counsel to the suspects, Mr Solomon Akuma, SAN had applied that the case be dismissed, but the judge opted to give the AGF another chance to lead a diligent prosecution.

    The four suspects are Jude Iheme, Chika Madukwe, Nwokorie  Ejike and Victor Obumneke.

    The three counts earlier slammed against them had been increased to five in an amended charge.

    NAN reports that on the last adjourned date, the AGF represented by Mr David Kaswe had taken over prosecution of the case from the Inspector- General of Police who initially filed the charge.

    Kaswe told the judge that the AGF invoked Section 174 of the 1999 Constitution and Section 105 of the Administration of Criminal Justice Act (ACJA)  to take over trial of the case.

    NAN reports that Iheme, 52 years old of Amagwu Amanze Obowo Local Government Area of Imo and Madukwe, 42 years old of Ndi-Uche Etiti Omuimo Local government Area also of Imo, were said to have killed the traditional ruler on Dec.17, 2022.

    The suspects were accused of killing the monarch while he was coming from the Federal Medical Center, Umuahia, after kidnapping and collecting a ransom of N4 million from his family.

    In the charge marked FHC/ABJ/CR/575/2024, Iheme and Madukwe alongside others said to be at large were said to have conspired to commit felony to wit, acts of terrorism contrary to Section 26 of the Terrorism Prevention and Prohibition Act 2022.

    The other suspects were  accused  of failing to volunteer information at their disposal to security agencies which could have led to the apprehension of other kidnappers contrary to Section 16 of the same Terrorism Act.

    The charge read in part;  “That you Nwokorie  Ejike, 45 years ago and Victor Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja during the police investigation of the offence of kidnapping and terrorism of  Eze, Basil Njoku conspired and brought false accusations with intent to cause Nwigwe Williams to be charged with kidnapping and terrorism of Eze Basil Njoku.

    “You thereby committed an offence contrary to Section 125 of the Criminal Code Act.

    “That you Nwokorie  Ejike, 45 years  and Victor  Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja with intent to mislead the police investigators in the case of kidnap and terrorism of Eze Basil Njoku, you gave false information to the investigators that a drunk man informed you that Nwigwe  Williams is responsible for the kidnap and terrorism of Eze Basil Njoku knowing or having reason to know that information you gave to police investigators is false and you thereby committed an offence contrary to section 125 of the Criminal Code Act 2004.

    “That you Nwokorie  Ejike, 45 years ago and Victor Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja during the police investigation of offence of kidnapping and terrorism of Eze, Basil Njoku conspired and brought false accusations with internt to cause Nwigwe Emeka Williams to be charged with kidnapping and terrorism of Eze Basil Njoku, you thereby committed an offence contrary to section 125 of the Criminal Code Act.”

  • Governor Oborevwori congratulates Olu of Warri at 40

    Governor Oborevwori congratulates Olu of Warri at 40

    Delta State Governor, Hon. Sheriff Oborevwori has congratulated the Olu of Warri Kingdom, Ogiame Atuwatse III, CFR, as he clocks 40 years on April 2.

    Governor Oborevwori stated that since His Majesty ascended the throne of his ancestors, the Itsekiri nation has remained peaceful and welcoming to investors.

    In a statement issued in Asaba by his Chief Press Secretary, Sir Festus Ahon, Governor Oborevwori, said Ogiame Atuwatse’s reign has immensely benefited the people of Warri Kingdom, Delta State and indeed the nation.

    “One thing that stands out is your royal bearing, which is evident in the impeccable way you have carried out your responsibilities and has continued to be a source of glory and pride for the traditional institution.

    “On behalf of my family, the government and people of Delta State, I felicitate with your Royal Majesty, Atuwatse III, CFR, the Olu of Warri on the occasion of your 40th birth anniversary.

    “You have exhibited excellent leadership since ascending the throne of your forebears by leading a moral life and serving as a source of inspiration and unity for your subjects,” Governor Oborevwori said.

    The governor prayed God to continue bestowing upon His Majesty health and wisdom so that he could lead the customary business of his kingdom and make significant contributions to the advancement of Delta State.

  • AGF, Fagbemi calls for suspension of criminal probe against Senator Ikechukwu Obiorah

    AGF, Fagbemi calls for suspension of criminal probe against Senator Ikechukwu Obiorah

    …slams IGF for disobeying valid court order

    The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has blasted the Inspector General of Police, Kayode Egbetokun, for his penchant to disobey valid judgements of the court

    He warned that such outright disregard for extant Court Orders not only undermines his Office as Chief Law Officer of the Federation under Section 174 of the Constitution but also ridicules the laudable initiatives embarked on by the Nigeria Police to ensure peace, order, and security of the nation.

    The warning followed a judgement of both FCT High Court in Suit No. FCT/HC/CV/0924/18 and Appeal Court judgement which ceded the right to own and have access to the immovable property known as Plot 413, Guzape District, Cadastral Zone A09, Abuja to the Corporate Ideals Securities Ltd.

    It was gathered that the Nigeria Police following a petition by one High Chief Jacko Eloho, the Managing Director of Jackmaq International Company Limited against Senator Ikechukwu Obiora and his company, the Corporate Ideals Securities Ltd alleging forgery of the title documents of Plot 413, Guzape District, Cadastral Zone A09, Abuja, commenced a criminal investigation against them in flagrant disregard to both judgements of the courts.

    In a media release, e-signed by High Chief Eloho had claimed that a letter of intent to develop, manage, and operate a designated park site in the Federal Capital Territory was issued in 3rd July 2007 with reference No. AMMA/P&R/S.500, the Abuja Metropolitan Management Agency (Department of Parks and Recreation) issued to Messrs Gozbuks Nig. Limited Park No. 413 A09, Local Park, Guzape District of 0.13452 hectares for the recommended use of Outdoor Events, Recreation, Barbecue, and Snack Spot, and same was allocated under stated terms and conditions, duly signed by TPL Luka Bulus Achi.

    “The ownership of Park Plot 413 A09 Guzape District was later transferred to Jacksmaq International Company Limited which has since taken possession of the said property.

    “Sometimes in the year 2018, a company by the name Corporate Ideals Securities Ltd owned by Senator Ikechukwu Obiora came up with an allocation letter of offer Grant/Conveyance of approval with reference No. MFCT/LA/MISC.10197 with serial No. 013244 which prompted the Managing Director of Corporate Ideals Securities Limited to attempt to displace our company’s title which attempt was resisted.”

    Following their resistance, the Corporate Ideals Securities in what they described as “a surreptitious manner” relying on alleged forged title documents and without joining them, “commenced Suit No: FCT/HC/0924/2018 Between Corporate Ideals Securities Ltd VS. HON. Minister Federal Capital Territory & Anor which suit was heard and determined by the High Court of the Federal Capital Territory per Hon. Justice A. A. I Banjoko and the Judgement delivered on 6th February 2019”.

    It added, “Upon being informed of the Judgement, our Clients by an application to the Court sought and obtained an Order setting aside the judgement delivered by the trial High Court which application was granted by the Ruling of 16th March 2021, which set aside the earlier Judgement.

    “The Company, Corporate Ideals Securities Ltd, being aggrieved with the Order setting aside the Judgement, appealed to the Court of Appeal which on 19th September 2022 set aside the latter decision of the trial High Court and directed our Clients if aggrieved proceed to appeal against the Judgement of the trial Court.”

    He noted that on the advice of the Court of Appeal, they filed two applications at the Court of Appeal against the Judgement of the High Court of the FCT per Hon Justice A.A.I Banjoko:

    “The first is the application dated 27th June 2023 seeking the leave of the Court to appeal against the said Judgement. The second is seeking an Order granting a stay of execution of the trial Court’s Judgement. Both applications have since been served on Corporate Ideals Securities Limited.”

    He, however, stated that the Nigeria Police Force acting on their Petition investigated Senator Obiora’s title documents which he used to obtain the judgement under reference, and concluded that same was forged and recommended that both Senator Obiora and his company be prosecuted for the offences.

    But the Attorney General in a letter to the Inspector General of Police, Egbetokun with Ref. No: PEI/CRD/5068/1/109, dated 27th February 2024, blasted the Inspector General of Police for initiating such an investigation, warning the police to desist from abusing court orders, and ensuring that the judgement creditors were restored to the property as the judgement of both courts commanded.

    Titled: “RE: Petition Against Malicious Prosecution Of Corporate Ideals Securities Ltd And Its Directors By The Nigerian Police Force. Compliance With Judgment And Orders Of Court,” Fagbemi directed that Police and Messrs Jackmaq International Company Ltd and its agents “should immediately vacate the premises in line with the judgment of the Court, to enable the Applicant to take full possession of the property”.

    He noted that if there are “extenuating facts and circumstances which may warrant a reversal of the judgement of the Court, the Police may wish to initiate a further appeal to the Supreme Court for judgment.”

    The AG’s letter partly read: “The allegations of forgery of title documents against the Applicant (Corporate Ideals Securities Lad), which is currently under investigation by the Police is based on a petition by Jackmaq International Limited. The allegations have already been conclusively dealt with by the High Court of FCT and reaffirmed by the Court of Appeal in favour of Corporate Ideal Securities Ltd. The Courts validated the title of Corporate Ideals Securities Ltd.

    By virtue of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), all State Authorities, including the Police, are obligated to enforce the decisions and Orders of the Courts, regardless of allegations surrounding the delivery of the said judgement. It is pertinent to note that a judgement (even when unpleasant) remains valid until overturned by a superior court on appeal.

    “The decision of the Police to initiate criminal investigation or prosecution concerning the alleged forgery of title documents, despite the High Court and Court of Appeal Judgements that found no evidence of forgery or fraud, not only challenges the judicial powers of the Courts but also contradicts the provisions of Section 287(3) of the Constitution.

    “I wish to strongly condemn the failure of the Police officers involved in this case to adhere to my earlier advice to exercise restraint particularly as it affects enforcement of Orders of Courts of competent jurisdiction. Such blazing disregard for Court Orders not only undermines my Office as Chief Law Officer of the Federation under Section 174 of the Constitution but also ridicules the laudable initiatives embarked on by the Nigeria Police to ensure peace, order, and security. It is pertinent that Police officers resist any advances by affected parties to be used to settle scores in violation of extant Court Judgements.

    “I therefore strongly advise that any ongoing investigation or prosecution for forgery and other criminal allegations against Corporate Ideal Securities Limited, its director(s), or agents, relating to the disputed property be suspended. The Police and Messrs Jackmaq International Company Ltd and its agents should immediately vacate the premises in line with the judgement of the Court, to enable the Applicant to take full possession of the property.

    “Where there are extenuating facts and circumstances which may warrant a reversal of the judgement of the Court, the Police may wish to initiate a further appeal to the Supreme Court for judgement.”

  • Alleged Mambilla fraud: AGF did not give EFCC fiat to prosecute me – Agunloye

    Alleged Mambilla fraud: AGF did not give EFCC fiat to prosecute me – Agunloye

    Dr Olu Agunloye , former Minister of Power and Steel, on Thursday told a High Court of the Federal Capital Territory (FCT), Apo, that the Attorney-General of the Federation did not give the Econimic and Financial Crimes Commission (EFCC) the fiat to prosecute him.

    The EFCC charged  Agunloye, who served as a minister in the administration of former President Olusegun Obasanjo, before Justice Jude Onwuegbuzie, with seven counts bordering on forgery, disobedience of presidential order and corruption.

    He was alleged to have, among others, on May 22, 2003 awarded a contract titled “Construction of 3,960 megawatt Mambilla Hydroelectric Power Station on build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.

    The prosecution also alleged that it traced some suspicious payments made by Sunrise Power and Transmission Company Limited to the former minister’s accounts.

    The defendant, however, pleaded not guilty to the charge preferred against him.

    At the resumed hearing of the case, he moved his motion seeking the leave of the court to allow some legal luminaries participate in the hearing of his preliminary objection against the EFCC.

    The former minister, through his counsel, Adeola Adedipe SAN, told the court that contrary to constitutional provisions, the AGF did not give EFCC the fiat to investigate and institute proceeding in the case against him.

    Adedipe cited section 174 of the 1999 Constitution (as amended), told the court that instead of getting such fiat from the AGF, EFCC got it from the Solicitor-General of the Federation.

    He urged the court to take judicial notice, under Section 124 of the Evidence Act.

    Adedipe informed the court that the current AGF, Lateef Fagbemi, SAN, was sworn in on Aug. 21, 2023, while the prosecution filed the charge against Agunloye on Sept. 7, 2023.

    “The AGF did not give fiat for the investigation. It was the Solicitor-General of the Federaion that gave EFCC fiat when he does not have such power under Section 174 of the Constitution (as amende); it is the exclusive reserve of the AGF (to do so).

    “Granting the application to allow amici curiae (friends of the court), including the AGF; the President, Nigerian Bar Association (NBA), Yakubu Maikyau SAN; a former Minister of Justice, Chief Kanu Agabi SAN and a former NBA president, Joseph Daudu SAN to participate in the hearing of the said preliminary objection would not prejudice the court or EFCC” he said.

    It was curious, he said , that the commission did not want its principal, the AGF to give support to the court in the application of justice.

    He added hat the reason for this was very clear since the anti-graft agency did not get his (AGF) fiat.

    He told the court that since assuming office, the AGF had been giving directives that all corruption-related cases against public officers should be investigated by the Independent Corrupt Pracices and Other Related Offences Commission (ICPC).

    Adedipe said, this was in lime with the decision of the Supreme Court in Nwobike vs FRN that delimit the power of EFCC to financial crimes alone.

    He therefore urged the court to grant the application, saying that the prosecution was aware that the court had the power to grant same, which was why it did not want the court to grant it.

    Responding the prosecution counsel, Abba Mohammed, said the Supreme Court decided in FRN vs Osahor and others that the power of the AGF under Section 174 of the Constitution is not exclusive to him.

    According to him, this implies that other authorities can initiate criminal proceedings in court, adding that in the instance case, the AGF did not complain that EFCC usurped his power.

    Mohammed added that the Appeal Court had decided in Audu vs FRN that EFCC can prosecute offenders under the ICPC Act.

    He urged the court o take judicial notice that the Solicitor-General of the Federation, who signed the fiat to prosecute the defendant was the acting AGF as of August 8, 2023 as there was no substantive AGF then.

    He said that at the last sitting in the case, the court did not raise any doubt that it could determine the defendant’s preliminary objection and as such did not express any need to invite any amici curiea

    The prosecution counsel, therefore, urged the court to decline granting the application as prayed by the defendant.

    He submitted that the Supreme Court has clearly stated the situations under which the court can exercise its discretion in allowing amici curiea, which he said was only when the court was in doubt.

    After listening to parties submissions, Justice Jude Onwuegbuzie adjourned until April 15 for ruling on the application.

  • Alleged N109.4bn fraud: EFCC never made any promises to ex-AGF, witness tells court

    Alleged N109.4bn fraud: EFCC never made any promises to ex-AGF, witness tells court

    Mr Mahmoud Tukur, an officer of the Economic and Financial Crimes Commission (EFCC) told the FCT High Court that the commission did not promise not to prosecute the Accountant-General of the Federation (AGF), Ahmed Idris.

    Tukur made this known on Wednesday while testifying as the second prosecution witness in trial- within- trial to verify the willingness of the statements by Idris (1st defendant).

    The trial-within-trial was ordered by the court following the objection raised by counsel for Idris, Chris Uche, SAN, alleging that his client did not make his statements to the EFCC voluntarily.

    Idris Ahmed alongside Geoffrey Olusegun Akindele, Mohammed Kudu Usman and Gezawa Commodity Market and Exchange Limited, are standing trial on a 14-count charge bordering on stealing, fraudulent diversion of public fund to the tune of N109.5 billion.

    The defendants pleaded not guilty to the charge preferred against them.

    In his evidence led by the prosecution counsel, Mr Oluwaleke Atolagbe, the witness said Idris’ first statement was voluntarily made on Jan. 22, 2022.

    He told the court that the allegations began as a result of a petition written by a group called ‘ Treasury concerned staff .’

    He added that the group alleged that Idris abused his office and used the proceeds to acquire property in Kano.

    ” This statement was at the preliminary stage of the investigation and it was the 1st defendant that approached the Commission himself requesting to be heard on Jan. 22, 2022.

    ” Although, the team was not ready for such, the Commission however obliged him. We  listened to him and told him whatever he says would be documented.

    ” Two other operatives were with me. He came to our office without a lawyer.

    “By my thinking, coming without a lawyer means he was waiving his rights,” he said.

    He told the court that Idris was given administrative bail.

    On May 16, 2022, he said Idris was arrested in Kano and brought to Abuja because he refused to respond to messages and calls put across to him by the EFCC.

    He added that he came in the company of his security officer, Yusuf Aro and he wrote a statement and was detained.

    On May 17, Haruna Isa, a director of legal services from the AGF’s office was present and he wrote his statements.

    He said the defendant also wrote statements on May 21 , May 23, 25, 26 and May 31, 2022 in the presence of Odudu Ituen from Paul Erokoro’s chambers.

    Being cross examined by defence counsel, Uche, the witness insisted that he never promised not to prosecute the defendant.

    According to him, the cautionary words was written by an EFCC officer .

    After the cross examination of the witness, the prosecution counsel Atolagbe told the court he had two more witnesses to call.

    He however told the court that the witnesses were not available and prayed for an adjournment, Uche did not object to that.

    Justice Yusuf Halilu then adjourned until May 15 forthe witnesses to testify.

  • Ex-minister Agunloye seeks AGF, NBA , others’ intervention in alleged $6bn fraud

    Ex-minister Agunloye seeks AGF, NBA , others’ intervention in alleged $6bn fraud

    A former Minister of Power and Steel, Olu Agunloye, charged with six billion dollars Mambilla Hydroelectric plant fraud, has sought intervention from the Minister of Justice, Mr Lateef Fagbemi, SAN.

    He also sought the intervention of the President, Nigerian Bar Association (NBA), Yakubu Maikyau, SAN; a former Minister of Justice, Chief Kanu Agabi, SAN and, Joseph Daudu, SAN.

    Agunloye is challenging the powers of the EFCC to prosecute him in the charge before an FCT High Court.

    The EFCC is prosecuting Agunloye, who served as a minister in the administration of former President Olusegun Obasanjo, on certain infractions regarding the Mambilla power plant.

    The former minister is charged with forgery, disobedience of presidential order and corruption.

    The EFCC accused the former minister of awarding a contract for the construction of 3,960MW Mambilla Hydroelectric Power Station on build, operate, and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.

    The prosecution also alleged that it traced some suspicious payments made by Sunrise Power and Transmission Company Limited to the former minister’s accounts.

    The defendant, however, pleaded not guilty to the charge preferred against him.

    At the resumed hearing of the case  the prosecuting counsel, Abba Mohammed informed the  court that the case was slated for hearing of two motions filed by the defendant on variation of his bail conditions and preliminary objection to the charge.

    He told the court that the prosecution had filed counter affidavits to the two motions.

    Responding, counsel for Agunloye, Adeola Adedipe SAN, informed that he filed a fresh motion on behalf of the former minister, urging the court to invite amicus curiae, friends of the court, to be present while hearing the preliminary objection.

    He added that the application was special and had to be heard before the preliminary objection could be heard by the court.

    Inspite of expressing the prosecution’s readiness for the defendant’s three motion to be heard, Adedipe insisted that the preliminary objection could only be heard after the motion seeking amicus curiae is heard and determined.

    Following the development, Justice Onwuegbuzie adjourned the case to March 21 for hearing Agunloye’s fresh application.

    In the fresh motion filed by Adedipe, Agunloye is seeking an order of the court for leave to hear his preliminary motion on notice, filed on February 8, 2024, with motion number M/3736/2024, with the participation or contribution from Amici Curiae, some of which should include, the AGF; Maikyau; Agabi and Daudu.

    He also seeks an order of the court inviting and/or requesting contributions from the aforelisted amici curiae and such other friend(s) of the court that may be invited at the court’s discretion for the purpose of hearing his preliminary motion on notice.

    He cited that the motion was brought pursuant to relevant provisions of the 1999 Constitution (as amended) and the Administration of Criminal Justice Act (ACJA).

    Adedipe argued the court to grant the orders sought in the overall interest of justice, sanctity of the Bench, preservation of the Constitution and sustenance of the rule of law.

    He hinged the application on the grounds that the Supreme Court ‘s decision on Nwobike vs FRN “weighs heavily on the delimited power of the EFCC under Sections 6,7 and 46 of the EFCC Act, 2004 to investigate and prosecute a case of this nature, more particularly because EFCC was the prosecuting agency in the said decision”.

    He further said mong others, that whatever the court arrives at, in respect of the preliminary motion on notice, “will project a major test on the integrity of our courts, rule of law, sanctity/authority of the Bench, with far reaching effects on the doctrine of judicial precedents and the administration of criminal justice”.

    Responding, the EFCC counsel, Mohammed told the court that the anti-graft agency would respond to the fresh motion filed by the defence.

    NAN

  • Alleged N109bn fraud: Ex-AGF Idris objected to against EFCC ‘s video evidence

    Alleged N109bn fraud: Ex-AGF Idris objected to against EFCC ‘s video evidence

    A former Accountant-General of the Federation (AGF), Ahmed Idris, on Thursday in an FCT High Court objected to the Economic and Financial Crimes Commission (EFCC) tendering a video recording of an interview session operatives had with him and others.

    The compact disc containing the video was tendered by the prosecuting counsel, Rotimi Jacobs, SAN, through the prosecution first witness (PW1) in the trial-within-trial in the ongoing trial of Idris and three others for an alleged fraud.

    The trial-within-trial was ordered by the court following the objection raised by counsel for Idris, Chris Uche, SAN.

    The trial was on grounds that his client’s statements the prosecution sought to tender on Nov. 23, 2022 were not made on the ground of deception and inducement.

    Idris Ahmed alongside Geoffrey Olusegun Akindele, Mohammed Kudu Usman and Gezawa Commodity Market and Exchange Limited, are standing trial on a 14-count charge bordering on stealing, fraudulent diversion of public fund to the tune of N109.5 billion.

    They were brought before Justice Yusuf Halilu, by EFCC, on behalf of the Federal Government in the case marked, CR/199/2022.

    The defendants, however, pleaded not guilty to the charges preferred against them.

    At the resumed hearing of the matter , the EFCC witness, Hayatudeen Sulaiman Ahmed, told the court that Idris’s statements were not obtained through deception.

    He stated that the investigating team recorded the interview session it had with Idris, Akindele and Usman, which was later burnt on a compact disc.

    When the prosecution counsel sought to tender the video recording, Idris’s counsel opposed it’s tendering, saying that it amounted to ambush of the defence.

    “We vehemently oppose to the strategy of springing this video on the defendants. The witness said the video was recorded on 25th May, 2022, almost three years ago.

    “By constitutional provision, the defendants ought to have been served this to enable them prepare their defence,” Uche said.

    He added that he was only served the video on Wednesday evening and was not able to view it before coming to court.

    Counsel for other defendants aligned their objections with Uche’s with counsel for Akindele , Joe Abraham SAN, describing it as “a strange bird from a whirlwind”.

    Despite the objections, Justice Halilu ruled against the defendants and admitted the video, which was marked as an exhibit in the trial-with-trial, following which it was played in the open court.

    According to Halilu, the video was made after investigation established that the first to third defendants benefitted from non-existent consultancy from the Office of the Accountant-General of the Federation at the time Idris was the AGF.

    Under cross examination by Uche, the witness said lawyers of the three defendants were not present when investigators interviewed them on May 25, 2022.

    He admitted that Idris made some of his statements to EFCC in the absence of his lawyer, one Gbenga Adeyemi, while some were made in the presence of the lawyer.

    The witness further admitted that apart from the interview session with the three defendants that was recorded, there was no video recordings of other statements made by Idris.

    “There are no videos for other statements made by the first defendant (Idris). We have witnesses.

    “We don’t bring suspects together to take their statements. We didn’t tell them we were recording the video. There was no lawyer for any of the defendants during the recording of the video.”

    He further told the court that the video clip played in court did not capture everything that happened during the interview session, which he said could be more than one hour.

    Ahmed told the court that he could not remember how many statements the first defendant made to EFCC, though he was involved in taking the statements.

    Meanwhile, Justice Halilu adjourned trial until March 20, he however set aside the court’s order revoking the bail granted Akindele.

    This followed an application made to that effect by counsel for Akindele, Joe Abraham , SAN, informing the court that the second defendant was not in court at the last sitting .

    This according to him , was that his client was held up in traffic but eventually made it to court that day but the case was already adjourned.

    The prosecutor was, however, not against the application.

  • Edu Saga: EFCC quizzes AGF, invites more ministry officials over fraud

    Edu Saga: EFCC quizzes AGF, invites more ministry officials over fraud

    Economic and Financial Crimes Commission (EFCC) has interrogated the Accountant General of the Federation, Oluwatoyin Madein, and also invited more members of staff of Ministry of Humanitarian Affairs over alleged N585.2m fraud in the ministry.

    An EFCC source told NAN that Madein and some other members of staff were invited over an alleged link to the alleged N585.2m case involving the suspended Minister of Humanitarian Affairs, Dr Betta Edu.

    The source said that the AGF was quizzed by EFCC interrogators for several hours at the anti-graft agency’s headquarters, Jabi, Abuja but was later released.

    The source said that Madein was queried over the payment of N585.2 million of government funds from the ministry into the private bank account of a government official.

    Madein, according to the source, told interrogators that she didn’t approve the memo from the minister, Edu for the payment into a private account.

    “She was grilled for several hours on Monday over the payment of N585.2m from the National Social Investment Office (NSIO) account to the UBA account of Bridget Oniyelu, the Accountant of the Grants for Vulnerable Groups under the ministry.

    “She told the investigators that she didn’t approve Edu’s memo for payment into private accounts.

    “She was not detained and was released with no condition after she made her explanation in writing to the investigators during interrogation.”

    The source said some ministry officials were invited to explain their involvement in the exercise, adding that some were quizzed and released while others were detained depending on the level of their involvement.

    “I don’t know how many of them that were released or being detained but some of them were still in the custody depending on their involvement,” the source said.

    A leaked memo had revealed how Edu, in December 2023, allegedly requested Madein to transfer the money from NSIO account to the UBA account of Oniyelu, the accountant of the Grants for Vulnerable Groups under the ministry.

    The AGF, however, in a statement, countered the claim by the suspended the minister.

    She noted that allocations were released to self-accounting MDAs in line with the budget and such MDAs were responsible for the implementation of their projects and payments for such projects.

    The minister, who was suspended on Jan. 8, by President Bola Tinubu, was last week Tuesday grilled by operatives of the EFCC for more than 10 hours over the alleged fraud in her ministry.

    The N585 million was meant for payment of grants to vulnerable groups in Akwa Ibom, Lagos, Cross River and Ogun states.

    Also, Halima Shehu, the embattled Co-ordinator and Chief Executive Officer of the National Social Investment Programme Agency domiciled in the Ministry of Humanitarian Affairs, is also being probed by the EFCC over an alleged N44 billion fraud.