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Court rejects Lulu-Briggs’ plea to vacate EFCC’s arrest warrant

Published

2 years ago

September 28, 2022

Seinya Luku-Briggs

A Federal High Court in Abuja has declined granting an application by Seinya Luku-Briggs, Chairman, Board of Directors, Moni Pulo Limited, to vacate the EFCC’s warrant of arrest to probe her.

Justice Emeka Nwite, in a ruling, Tuesday, held that it was the duty of the anti-graft agency to carry out its investigation conclusively.

Nwite said the EFCC’s application for arrest warrant against Lulu-Briggs, earlier granted by retired Justice Taiwo Taiwo, could not be said to be out of tune with the Administration of Criminal Justice Act, 2015.

The News Agency of Nigeria (NAN) reports that Taiwo had, on May 18, granted EFCC’s prayers in an ex-parte motion moved by the commission’s lawyer, Olanrewaju Adeola, for a warrant of arrest against Lulu-Briggs.

The court had directed the anti-graft agency, Department of State Service (DSS), Nigeria Police, Interpol and other security agencies to arrest her anywhere she was sighted within or outside Nigeria for probe.

But in a motion on notice marked: FHC/ABJ/CS/653/2022, Lulu-Briggs, through her lawyer, Chris Uche, SAN, prayed the court for an order vacating the ex-parte warrant of arrest issued by Taiwo against her.

The motion dated and filed July 25, gave 18 grounds why the May 18 order should be discharged.

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According the senior advocate, the issues for which the arrest order was made were purely commercial and subject of the judgment of the honourable court delivered on April 21, 2015 in suit no. FHC/PH/CP/2/2012.

Uche said that the issues leading to granting the arrest warrant were the same with the subject matter of pending commercial litigations in suit no: FHC/CA/CS/16/2021 before the Calabar Division of the court.

“At the material time of the alleged offences, the applicant was not a shareholder of the company as to be held accountable for the offences alleged to have been committed before she became a shareholder and director of the company.

“The applicant had obtained a judgment against the EFCC and the Nigerian Immigration Service (NIS) for the breach of her fundamental human rights over the same subject matter of investigation.

“By the said judgment of this honourable court delivered on 21st February, 2022, the EFCC and the NIS were each ordered to pay the applicant the sum of N15 million and render a public apology to her,” Uche said.

“The senior advocate of Nigeria said that the petitions presented by EFCC on which basis the order of arrest was made were offered as the defence by EFCC in the current suit.

“In the judgment dated 21st February, 2022 delivered in suit number: FHC/L/CS/147/2020, this honourable court made orders of perpetual injunction restraining the EFCC and the NIS from intercepting, harassing, arresting, interrogating or detaining the applicant within and outside Nigeria.

“Though the EFCC filed notice of appeal against the judgment on 13th May, 2022, no other step has been taken in respect thereof.

“The orders of perpetual injunction granted against the arrest of applicant by the judgment dated 21st April, 2022 in suit number: FHC/L/CS/147/2020 has neither been vacated nor upturned on appeal,” he said.

But in his ruling, Nwite said after perusing all the applications and affidavits filed by the parties, he found that the earlier court judgment cited in the motion had nothing to do with the EFCC’s investigation.

The judge further said that the judgment of the court was categorically on the freedom of movement of the applicant (Lulu-Briggs).

Besides, Nwite held that the EFCC was not a party to the suit in Calabar jurisdiction of the court and would, therefore, not be bound by the decision of the court.

“The order of the court cannot stop the respondent (EFCC) from carrying out its statutory duties. I therefore refuse the application,” he said.

Eagle

metro

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

Published

12 hours ago

November 14, 2024

Trends Admin

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

The federal government has unveiled a proposed budget of N47.9 trillion for the 2025 fiscal year.

Atiku Bagudu, Minister of Budget and Economic Planning, disclosed this to journalists on Thursday following the Federal Executive Council (FEC) meeting chaired by President Bola Tinubu.

Bagudu revealed that the council had approved the Medium-Term Expenditure Framework (MTEF) for 2025-2027.

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According to the minister, the government has pegged the crude oil benchmark at $75 per barrel, with an oil production target of 2.06 million barrels per day (bpd).

The budget also sets the exchange rate at N1,400 per dollar and aims for a gross domestic product (GDP) growth rate of 6.4%.

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

metro

EFCC arrests ex-NCMB boss over $35m energy project fraud

Published

12 hours ago

November 14, 2024

Trends Admin

EFCC arrests ex-NCMB boss over $35m energy project fraud

The Economic and Financial Crimes Commission (EFCC) told FIJ that they have arrested Timber Wabote, the former executive secretary of the Nigerian Content Development and Monitoring Board (NCMB), on the grounds of a failed $35 million Bayelsa refinery project fraud.

Dele Oyewale, the EFCC’s spokesperson, confirmed this to FIJ on Thursday.

“It is true,” Oyewale responded to FIJ’s inquiries.

Wabote is accused of misappropriating public funds for a refinery project that should have improved local energy production.

Vanguard reported that the NCDMB under Wabote paid $35 million to support the development of energy infrastructure in the Brass Local Government Area of Bayelsa, yet there was nothing to show for it.

The EFCC picked Wabote up following the arrest of Akintoye Adeoye Akindele, the Managing Director of Atlantic International Refinery and Petrochemical Limited, for alleged misappropriation, money laundering and diversion of $35 million in public funds.

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“NCDMB under the watch of Wabote allegedly paid the $35 million to Akindele to build a 2,000 barrel per day (BPD), refinery, jetty, gas plant, power plant, data centre and tank farm at Brass free trade zone (FTZ), Okpoama Community in Brass LGA of Bayelsa State,” a source with the EFCC had explained.

Since December 2020 when the payments were made, Akindele abandoned the project with little or nothing to show for the huge sum he received.

Preliminary investigations showed that Wabote’s NCDMB financed 17 different projects, including the 2,000 BPD refinery in Brass LGA.

There has been a series of public fund misappropriation cases in the energy sector in recent times.

FIJ earlier reported that members of the House of Representatives summoned three ministers to defend how over $2 billion was spent on renewable energy with not much to show for it.

A recent FIJ report also recently detailed how residents of Yenagoa, the capital of Bayelsa, have not had power in their homes since July due to the vandalisation of the Ahoada-Yenagoa transmission towers caused by unidentified persons.

The Bayelsa state government told FIJ it was the federal government’s responsibility to provide electricity for residents. The state has no renewable energy options reliable enough to power its capital despite the multi-million-dollar NCMB energy project.

Transparency in the energy sector has become necessary at a time when Nigerians have suffered power instability due to frequent grid collapses.

EFCC arrests ex-NCMB boss over $35m energy project fraud

metro

Court adjourns Yahaya Bello’s trial till Nov 27

Published

12 hours ago

November 14, 2024

Trends Admin

Yahaya Bello

Court adjourns Yahaya Bello’s trial till Nov 27

The Economic and Financial Crimes Commission (EFCC) has requested an adjournment in the new case against the immediate past Governor of Kogi State, Yahaya Bello, stating that the 30-day window for the previously issued summons is still active.

The commission has granted administrative bail to his co-defendants, Umar Oricha and Abdulsalami Hudu, and asked the court for an extension of time for Bello to appear.

At the resumed hearing before Justice Maryann Anenih of the Federal Capital Territory High Court, Abuja, EFCC Counsel Jamiu Agoro noted that the court’s order from October 3rd had not yet expired.

“In that wise, we feel it will not be appropriate for us to take proceedings while that 30 days is still running. So we have discussed and agreed to come back on the 27th day of November, 2024, my lord,” he told the court.

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He also mentioned that the previously set date of November 20th was not convenient for the prosecution counsels.

Counsel to the second defendant, Aliyu Saiki, SAN, confirmed that his client had been granted administrative bail by the prosecution and had no objection to the adjournment request. The third defendant’s counsel, ZE Abass, concurred.

The prosecution counsel also requested the court to allow the notice of hearing to be pasted on the last known address of the first defendant.

After hearing from all counsels, the judge granted the EFCC’s application for adjournment and the issuance of the hearing notice.

“I have considered the application for adjournment by the complainant and issuance of hearing notice and the submission by the second and third defendants. The application is granted,” she said.

Justice Anenih then adjourned the case to November 27th for arraignment.

The former governor, alongside Umar Oricha and Abdulsalami Hudu, are being prosecuted as 1st to 3rd defendants, respectively, in a fresh 16-count charge instituted against them by the EFCC.