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Court rejects EFCC’s plea to play video against ex-NNPC GMD

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A Federal High Court, Abuja, on Wednesday, rejected the request by the Economic and Financial Crimes Commission (EFCC) to play video evidence in the ongoing trial of Andrew Yakubu, former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC).

Justice Ahmed Mohammed, in a ruling, dismissed the application on the grounds that Yakubu was not the maker of the exhibits and as such, he could not be cross-examined based on those documents.

The News Agency of Nigeria (NAN) reports that Justice Mohammed had, on June 30, fixed today for ruling on the anti-corruption agency’s application.

The agency’s lawyer, Farouk Abdullah, had sought an order of the court to play video documents which were tendered while taking the evidence of the sixth prosecution witness (PW6) on Oct. 17, 2018, and admitted in evidence by the court in cross-examining Yakubu, who was in the witness box as the first defence witness (DW1).

The court had marked the documents tendered as Exhibits “M,” “N” and “N1.”

While Exhibits “M” and “N” were compact discs, Exhibit “N1” was a memory card.

However, Counsel to the defendant, Ahmed Raji, SAN, opposed the EFCC’s application.

Raji had argued that Yakubu was not a maker of the exhibits which in the eyes of law were documented.

“This ought to have been done through the witness who produced the document (PW6) and who is the maker and who tendered exhibits in them,” he had said.

The senior lawyer also argued that allowing such application would be going contrary to “the directives of the Court of Appeal as to what is to be done in the suit.”

The EFCC lawyer also disagreed with Raji.

Abdullah had enjoined the court to look at the provisions of the Evidence Act as to whether a counsel in a trial has a right to make use of exhibits already before the court at any stage of proceedings in determining an issue, particularly in cross-examination.

He submitted that an exhibit already before a court could be used to either establish a fact or dispel a fact at any stage of a proceeding.

“It is a right that can be enjoyed by both prosecution and defence.

“We urge my lord to so hold and answer this in affirmative,” he had said.

The Judge, however, disagreed with the EFCC in his ruling.

Justice Mohammed also deferred the agency’s fresh application to recall two prosecution witnesses (PWs) for a re-examination pending when Yakubu’s cross-examination is completed.

Abdullah had applied for a recall of two of the agency’s PWs in the trial following the court’s rejection of his request to play the video evidence.

But Raji opposed the prayer, arguing that since the EFCC had called all its witnesses and closed its case, “recalling those witnesses when the defendant had already opened his defence and he is in the witness box will only interrupt the proceeding.”

He also argued that allowing the prayer would not be doing justice to the defendant who had been in the witness box for over a year.

He urged the court to defer the anti-graft commission’s application until his client’s cross-examination is completed.

Ruling, the judge noted that Yakubu, who had been in the witness box as DW1 (first defence witness) since July 8, 2020, had already given his evidence before the court.

Mohammed held that it would be unfair to keep the defendant in the witness box for over a year and grant such prayer when the cross-examination was yet to be completed.

“Therefore, the application to recall two witnesses is defer until the DW1 cross-examination is completed,” he ruled.

Abdullah then applied for a short adjournment to enable him to produce some documents which would be relevant in cross-examining Yakubu.

Raji described the application as “a deliberate attempt to prolong the proceeding for reason known to the prosecution.”

He said in order to delay processing, the EFCC lawyer had been coming up with one application or another.

“My lord, I want it to be on record because if a defence counsel does this, especially senior lawyers, the same song will be ‘oh, they don’t allow criminal trials to move.

“My lord, a diligent prosecution would have come with everything,” he said.

Raji, who said the application for adjournment was lacking in merit, urged the court to refuse it.

“It is against the spirit of justice and Administration of Criminal Justice Act),” he said.

The judge said though the court was not inclined to granting the plea considering the time the exercise had taken, he adjourned the case until July 29 for the continuation of the cross examination of Yakubu.

NAN reports that the anti-graft agency had, in 2017, raided the residence of the ex-NNPC boss in Kaduna and found 9, 772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.

Yakubu was, however, arraigned on March 16, 2017, on six counts but the trial court struck out counts five and six.

The Court of Appeal also ordered the former GMD to defend only counts three and four which bordered on failure to make full disclosure of assets, receiving cash without going through a financial institution. (NAN)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Canadian mayor praises Lagos under Tinubu at event honouring Peter Obi

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Canadian mayor praises Lagos under Tinubu at event honouring Peter Obi

Brampton is a city in the Canadian province of Ontario, with a high population of Nigerian immigrants.

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Fubara: I have moved on with governance despite political pressure

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Rivers State Governor, Siminalayi Fubara

Fubara: I have moved on with governance despite political pressure

Governor Siminalayi Fubara of Rivers State has asserted that despite the political turmoil in the state, his administration remains steadfast in providing focused leadership and governance.

During a recent meeting with members of the House of Representatives Committee on Public Petitions, led by Chairman Hon. Mike Etaba, at the government house in Port Harcourt, Fubara emphasized that, as far as his administration and the people of Rivers State are concerned, there are no significant political issues to address.

Reflecting on the challenges posed by the political crisis, Fubara drew inspiration from a movie he watched, “Devil’s Advocate,” where he cited a quote by Al Pacino.

He said, “As far as we are concerned, there are no political issues. I saw a movie many years ago, entitled, ‘Devil’s Advocate.’ I believe some of you must have seen that movie too.

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“One of the starring characters, Al Pacino, said that pressure makes some people retreat or fail, and to others, it makes them focus on succeeding. We have chosen to be focused under this pressure.

“That is why we are moving ahead, making a positive impact on the lives of our people. Governance is about the people, not about self.

“Governance is about touching the core needs of those we are leading, and by the special grace of God, we are doing it.”

“Yesterday, by the special grace of God, we observed the credit line of over 3,066 persons empowered. You can imagine what that will do for the economy of the masses and the state. That is touching the lives of our people. It does not support them for selfish reasons. It does not give a contract because I want somebody to fight somebody in my community. No. This is empowering the economy of the masses and the state.

“Our focus is that, no matter what anybody is doing anywhere, we will not lose focus. We want to leave here better than we met it. And we want to also leave here without fear of anything.”

Fubara: I have moved on with governance despite political pressure

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FG begins disbursement of N50bn grant to small business owners

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Minister of Industry, Trade and Investment, Doris Uzoka-Anite

FG begins disbursement of N50bn grant to small business owners

The Federal Government, FG, says it has started disbursement of N50,000 grants to nano business entrepreneurs.

Dr Doris Uzoka-Anite, Minister for Industry, Trade, and Investment, verified this over the weekend, stating that no fewer than 200,000 small business owners have received the payment.

According to her, 800,000 others will receive their incentives before the program ends on May 31.

This will raise the total number of beneficiaries to 1,000,000 Nigerians, split across 774 local government areas.

She explained that about 3.6 million applications were received out of which the beneficiaries were selected randomly from among those who met the conditions.

The minister said N50 billion is available in the 2024 budget for disbursement.

The programme is one of the palliative measures announced by President Bola Ahmed Tinubu in a broadcast on July 31, last year to cushion the pains of petrol subsidy removal.

The President, in the broadcast, said: “Our administration recognises the importance of micro, small and medium-sized enterprises and the informal sector as drivers of growth. We are going to energise this very important sector.”

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In the broadcast, the President also announced that 75 manufacturing firms will be given N1 billion single-digit interest loans each to reflate their businesses.

Dr. Uzoka-Anite, in response to enquiries by our reporter, said: “The application portal was closed at midnight on April 17. The portal had to be closed due to an overwhelming number of applications totalling over 3.6 million.

“The Bank of Industry is ensuring transparency and accountability in the N50 billion disbursement using NIN, BVN and bank account details for verification to prevent duplication.

“They will also perform physical enumeration to re-verify information, including taking photographs of beneficiaries.

“The time frame for disbursement is the end of May 2024. The requirement for determining the beneficiaries is not based on particular criteria. The goal is to reach 1,290 beneficiaries per local government area across the country totalling one million people.”

On why many of the beneficiaries have not been reached, she explained: “We acknowledge that some of the beneficiaries are getting alert while others are not.

“The disbursement is subject to verification of NIN, which became mandatory after the initial application phase which required only BVN.

“The selection is random and without human intervention from those who have passed their NIN and BVN verification.

FG begins disbursement of N50bn grant to small business owners

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