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Court rejects Yahaya Bello’s request to stop trial

Published

5 months ago

July 18, 2024

Yahaya Bello

Court rejects Yahaya Bello’s request to stop trial

The Abuja division of the Federal High Court, yesterday, declined the request by the immediate past governor of Kogi State, Yahaya Bello, to stay further proceedings in the money laundering charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

In the early stage of yesterday’s proceedings, there was tension in the courtroom as two Senior Advocates of Nigeria (SAN) involved in the proceedings engaged themselves in a war of words, in a manner that forced the judge to retire into his chambers.

The two members of the inner bar were counsel to the ex-governor, Abdulwahab Mohammed (SAN), and the prosecution counsel, Kemi Pinheiro (SAN).

Meanwhile, irked by the conduct of the defence counsel, Abdulwahab Mohammed (SAN) and Adeola Adedipe (SAN), Justice Emeka Nwite said he would refer them to the Legal Practitioners Disciplinary Committee (LPDC) for possible disciplinary actions. The court further adjourned proceedings to September 25, 2024 for the arraignment of Bello, despite the appeal filed by him.

Counsel to the former governor, Mohammed, had told the court that they had filed an application for stay of proceedings on the case, pending the determination of the appeal before the Court of Appeal on an arrest warrant earlier granted by the trial court and other rulings. Mohammed argued that the court could not proceed on the matter until the pending appeal was determined, citing authorities.

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He also decried the treatment meted out to his colleague at the last hearing, saying, “Your lordship is functus officio”. Mohammed said heavens will not fall if the court stays proceedings awaiting the outcome of the Court of Appeal. We are relying on the provision of the Constitution which overrides the EFCC Act, which the prosecution is relying on”.

However, EFCC’s Counsel, Kemi Pinhero, SAN, who opposed the application, argued that the defendant had not tendered any Court of Appeal document showing that the court wants the lower court to stay proceedings. At that point, the trial Judge, Justice Emeka Nwite, asked whether, having received the application and affidavit, and being aware of the pending appeal, it would not amount to judicial rascality for his court to continue proceedings on the matter.

“Won’t it amount to judicial rascality to continue this case when there’s an issue of jurisdiction?”, the judge further asked.

But the prosecution Counsel, Pinheiro, SAN, said: “It is not really an issue of jurisdiction”, adding that, mere filing of an affidavit could not suffice as the case was not a civil case and urged the court to stick to the matter of the day, which was the ruling on the arguments presented on June 27.

The Defendant’s Counsel, Abdulwahab Mohammed, SAN, however, told the court that the judge was misled on the 27th of June, and that the request was for the proceedings of that day to be expunged.

“They are asking your lordship to undo the work of the Court of Appeal. To avoid controversy, and, in order not to render the appeal nugatory, this should not continue. Even if Yahaya Bello were to be here, you cannot arraign him,” he argued.

“The affidavit filed on 16th July 2024, is to bring to your lordship’s attention the notices of appeal filed against your lordship’s ruling on 23rd April and 10th May. This appeal was transmitted to the Court of Appeal on 23rd of May and appellant’s brief of argument was filed on the 31st of May. Motion for stay has also been filed at the Court of Appeal. The two appeals basically challenge the jurisdiction of this court to entertain the charges ab initio.

“We urge your lordship to expunge the record of the proceedings on 27th June because, at that time, an appeal had been entered and the proceedings should not have happened. The court was functus officio,” Abdulwahab argued. He said, “insisting on hearing the matter would bring his lordship into conflict with the Court of Appeal”.

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Pinheiro, in his submission, stated that “one of the appeals sought to have His Lordship stay further proceedings until the determination of the appeal”.

He, however, noted that the judge was bound by his own rulings and, therefore, had the discretion to determine whether to proceed or not, noting that the first authority that the Defendant’s Counsel cited was a 1999 case that predated the EFCC Act 2004.

“This same position was canvassed on behalf of Mustapha, SAN, in 2016 case, Mustapha v FRN, and the court held that proceedings can only be stayed where there is a Court of Appeal order to that effect and they relied on Section 306 of ACJA. In Chukwuma v IGP, a 2018 case, the court held something similar,” he submitted.

Responding on point of law, Abdulwahab said: “We have two notices of appeal – one is on mixed law and fact, and the other is on jurisdiction. The authorities he has cited are different from jurisdiction. Chukwuma v IGP is on admissibility of document and not jurisdiction.

“In Chief Cletus Ibeto v FRN, which is an ongoing criminal appeal, all the facts are on all fours with the recent case. The lower court stayed proceedings because of the issue of jurisdiction and, now, the argument at the court of appeal is on Section 306. That is how it is supposed to be.”

In his ruling, Justice Nwite said: “The grant of stay of proceedings is at the court’s discretion, and since it is an issue of discretion, no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially.”

The judge, who had asked before going on recess, whether it would not amount to judicial rascality to continue the case when there was an issue of jurisdiction, changed his position and noted that the Defendant wanted to use the appeal to delay proceedings.

He said there had been previous Court of Appeal judgments on such matters. He also granted the application for withdrawal of the defendant’s counsel, Adeola Adedipe, SAN, from the case and referred the matter of professional misconduct by the two defendants’ counsel to the Legal Practitioners Disciplinary Committee (LPDC), to conduct investigation on possible infractions. Justice Nwite said, having stated the law, “the question is whether there was an undertaking by Abdulwahab and Adedipe, SAN, which was breached to amount to contempt of court.”

Court rejects Yahaya Bello’s request to stop trial

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Yuletide: Travellers want fare discount for road trips

Published

7 hours ago

December 21, 2024

Trends Admin

Yuletide: Travellers want fare discount for road trips

Bemoan high fares

Passengers travelling to their country homes for the Christmas and new year day celebrations have urged the Federal Government to extend the free rail services announced early in the week to road transport routes across the country.

Some of the travellers who complained about the high fares called on the Federal Government to restore the 50 percent fare reduction on inter-state luxury bus routes granted to road passengers at this time last year.

The passengers who spoke at various terminals and loading stations of long distance road transport companies in Lagos, were reacting to the upsurge in fares to about N40,000 on luxury buses and N65,000 on mini buses going to the South-East.

Reports from some of the boarding stations revealed that upon hearing the announcement of free train ride, some passengers thronged the loading stations at various points in Lagos to benefit from the gesture, but were disappointed when they were informed that the offer did not cover road transport.

At Terminal 1 in Oshodi, Alafia, Jibowu, Mazamaza, and private stations in the Cele/Ejigbo axis, on Saturday, passengers bemoaned the high cost of travelling on both the big and small buses, disclosing that many people were not travelling because they couldn’t afford “the exorbitant fares the transport firms are collecting.”

Interestingly, a trip on board Toyota Sienna which used to attract slightly higher fare than on a typical mini bus, is the same at N40,500.

One of the passengers told our reporter one if the stations in Cele, “You press people should please tell (President Bola) Tinubu that poor masses cannot afford to go home this Christmas because there is no money in the country.

“(President) Tinubu should please repeat the 50 percent discount on long distance fares which some of us enjoyed last year to travel home.”

At the nearby Young Young Shall Grow station, a passenger who planned to travel to the east recalled how he took advantage of the 50 percent fare discount to travel from Abuja to Onitsha and back in 2023, and wondered why the Federal Government has not considered the re-introduction of the palliative this festive season.

According to the man who gave his name as Chinedu Uzoechina, his intention to travel to Anambra state and back with his wife and five children, has been stalled by the high transport fares being charged at the various terminals.

Uzoechina, who came to book for seats in advance, lamented, “I was hoping that the 50 percent fare discount that followed the increase in fuel pump price would be available this year, but that has not been the case this year. Forty thousand into seven is N280,000 for one-way luxury tickets.

“If you add the cost of coming back, it means I will spend nothing less than N560,000 on transportation alone for seven of us. Where will I get that kind of money? I have called my wife to inform her of the situation here (at the terminals in Cele).

“She is not happy that we are not travelling anymore, but what can I do?”

According to him, the only thing that can make his family travel again is if the Federal Government extends the free train ride offer to long distance road transport routes, like Lagos-east, or reduces the fares in collaboration with the operators.

Like Uzoechina, many other intending travellers were still hopeful that the government wiuld still intervene with a fare discount, even as they disclosed that they would either cancel the trips outrightly or reduce the number of tickets to be bought, if their hopes are dashed.It was learnt that the fares were slightly lower by about N2,000 at Terminal 1 where both big and mini buses have been loading for day and night trips at Oshodi.

Reacting to the passengers’ complaints about high fares at the terminal owned by the Lagos State Government, Damian Ezuma, the manager of Izu Chukwu Transport, blamed the situation on the rising cost of maintaining the buses as well as on the pump price of diesel, which he said, is as high as N2,000 a litre in some parts of the country.

“It is not our fault. The cost of maintenance is so high that it is only by the grace of God that some of transport companies still manage to keep their buses on the road these days. Do you know that one big bus tyre costs between N250,000 and N500,000, depending on the quality and brand?” Ezuma argued.

He confirmed that many intending travellers who heard about the free train services offer by the Federal Government have been coming to the terminal make enquiries on whether long distance-plying buses are part of the gesture and whether last season’s fare discount applies this year.

Many of them leave the terminal disappointed and deciding not to travel anymore, but opting instead to wait for a possible fare palliative from the government.

Also commenting on the reason for the high fares, a manager at Chisco Transport’s head office in Lagos explained that the unfavourable naira-dollar exchange rate has impacted on the prices of replacement parts and maintenance costs generally.

But a major factor is the fact that during the peak festive season, buses are usually full when leaving major cities like Lagos and Abuja, but are almost empty in their return journeys.

So some operators slightly adjust their fares upward to cover the losses incurred during return trips.

In 2023, the special fare discount by government through the luxury bus owners took effect on December 21, and lasted till the second week of January, 2024.

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Navy arrests 19 Nigerians attempting to reach Europe by hiding on ship

Published

9 hours ago

December 21, 2024

Trends Admin

Navy arrests 19 Nigerians attempting to reach Europe by hiding on ship

The Nigerian Navy Ship (NNS) BEECROFT has successfully apprehended 19 individuals attempting to stow away on Europe-bound vessels.

In a statement issued on Saturday in Lagos, the ship’s Information Officer, Lt. Hussaini Ibrahim, disclosed that 15 stowaways were intercepted on Dec. 19 aboard the European-bound Moto Tanker (MT) KRITI RUBY. Another four were caught on Dec. 21 aboard MT MCC YANBU.

“Preliminary investigation revealed that the stowaways boarded the vessels at night and concealed themselves in the rudder compartment while attempting to illegally migrate to Europe,” Ibrahim stated.

The Navy’s Quick Response Team (QRT), operating from ATLAS COVE and using the Falcon Eye Alignment under the Nigerian Navy Maritime Domain Awareness Facility, facilitated the interception of the 15 individuals near the Lagos fairway buoy.

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Ibrahim further explained that credible intelligence led to the interception of the additional four stowaways by Navy personnel deployed on escort duties aboard the vessel.

“The prompt response of the QRT saved the stowaways from exposure to life-threatening situations during the long voyage,” he added.

The first group of 15 individuals has been handed over to the Nigeria Immigration Service, Lagos State Port/Marine Command, Apapa, for further investigation and necessary action. The remaining four suspects will also be transferred in due course.

“The presence of stowaways poses serious security threats to maritime operations, including risks of smuggling, piracy, drug and human trafficking, among other maritime crimes,” Ibrahim noted.

He emphasized that under the leadership of Chief of Naval Staff Vice Adm. Emmanuel Ogalla, NNS BEECROFT will continue maintaining security along Lagos waterways and surrounding creeks to support safe maritime activities and economic growth.

Navy arrests 19 Nigerians attempting to reach Europe by hiding on ship

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Troops arrest four Ambazonian rebels in Taraba

Published

9 hours ago

December 21, 2024

Trends Admin

Nigerian military troops

Troops arrest four Ambazonian rebels in Taraba

Troops of the 6 Brigade Nigerian Army/Sector 3 of the Operation Whirl Stroke (OPWS), have arrested four suspected members of Ambazonian rebels in Taraba.

The News Agency of Nigeria (NAN) reports that Ambazonia is a rebel group operating in neighbouring Cameroon Republic.

A statement on Saturday in Jalingo by Capt. Olubodunde Oni, Acting Assistant Director Army Public Relations, said the suspects were arrested at a hotel in Takum town.

The statement said that acting on credible intelligence, the suspects were tracked and apprehended.

According to the statement, during initial interrogation, the suspects confessed to being part of the rebel group involved in arms proliferation in exchange for cocoa with their Nigerian collaborators.

It said that four mobile handsets were recovered from the suspects now in detention undergoing further investigation.

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The statement also said that in another operation following actionable intelligence, troops deployed at Natilde community in Bantaji District of Wukari Local Government Area intercepted a truck with registration number WKR 66 BB, transporting 19 pieces of stolen pipelines belonging to the Nigerian National Petroleum Corporation Limited (NNPCL).

It said that further collaborative efforts with the Nigeria Security and Civil Defence Corps (NSCDC) in Wukari Division led to the recovery of an additional 11 pipes, bringing the total to 30.

“The recovered items have been handed over to the NSCDC Wukari Division for further investigation and necessary action.

“The 6 Brigade Nigerian Army will remain resolute in its commitment to safeguarding lives and property while ensuring the security of critical national infrastructure.

“We urge members of the public to continue providing timely and credible information to security agencies to enhance our collective efforts in maintaining peace and security,” the statement added.