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Echoes Of Reason: Before The Destruction Of The Economic And Financial Crimes Commission Without Recourse To Law But Personal Interest And Ethnicity

By Kabir Akingbolu, Esq.

For some time now, the media had become inundated with the news of allegations of financial improprieties or abuse of office by the erstwhile Chairman of the Economic Financial Crimes Commission (EFCC) Mr. Ibrahim Magu. It is not in doubt that these allegations become so rife that the Attorney General of the Federation who was/is the purveyor of the whole plot that degenerated into confusion or problems at the EFCC, was alleged to have manipulated the willing and otiose presidency, to set up a façade panel of enquiry to inquire into the affairs of the corruption fighting agency, with a view to unravelling the alleged abuses in the management of the Commission.

Although, Mr Abubakar Malami SAN, who is the current Attorney General of the Federation (AGF) and Minister of Justice, is believed to have a lot of questions to answer because he was seen as the catalyst to the whole mess in the EFCC, one could not fathom the reasons for his non-inclusion amongst those to answer questions on the alleged misappropriation and mismanagement in the agency. Before going further in this discourse, I will like to borrow a cue from Albert Einstein that “The world will not be destroyed by those who do evil, but by those who watch them without doing anything”. And according to Edward Snowden, “there can be no faith in government if our highest offices are excused from scrutiny- they should be setting the example of transparency. “To this end,  having confirmed through media reports that the Report of the Justice Ayo Isa Salami Panel is being reviewed by the Presidency, it is necessary to draw the attention of the Federal Government to the legal status of the EFCC so that the baby is not thrown away with the bathwater. In other words, the investigation of the allegations of corruption levelled against the suspended Acting Chairman of the EFCC, Mr. Ibrahim Magu by the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN, must not be used by the forces of corruption to destroy the anti-graft agency for political objectives, because the AGF is a necessary party in the whole saga.

INVESTIGATION OF MR. IBRAHIM MAGU 

Even though I fully agree with President Muhammadu Buhari when he said that it is in the interest of Mr. Ibrahim Magu to have the allegations of corruption levelled against him to be fully investigated, and that the reorganisation of the EFCC must be in strict compliance with the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 and the Economic and Financial Crimes Commission Establishment Act, 2004. I submit that, these objectives cannot be achieved if the EFCC is eventually placed under the control of the Ministry of Justice or any other Ministry, whatsoever.  In contributing to the public debate on the reorganisation of the EFCC, I will like to review the legal implications of the investigation of Mr. Magu, the suspension of the Secretary of the EFCC and 11 staff of the EFCC and the legal nexus between the EFCC and the office of the Attorney General of the Federation (AGF). The analysis will focus on the relevant provisions of extant laws and decided cases which have defined the powers of the EFCC with respect to the arrest, investigation, prosecution and disposal of confiscated assets of persons convicted for economic crimes by the courts.

Since the Investigation Panel headed by the Honourable Justice Ayo Isa Salami (retd) was a quasi- judicial body, it was required to observe the basic tenets of natural justice. The fact that the Panel sat for weeks and took evidence of some witnesses behind Mr. Magu runs contrary to the tenets of fair hearing as laid down in Yesufu Amuda Garba v University of Maiduguri (1986) 1 NWLR (Pt 18) 550 at 618, where Oputa JSC (of blessed memory) opined that: “to constitute a fair hearing, whether it be before the regular Courts or before Tribunals and Boards of Inquiry, the person accused should know what is alleged against him; he should be present when any evidence against him is tendered; and he should be given a fair opportunity to correct or contradict such evidence. How else is this to be done, if it be not by cross-examination.”

It is public knowledge that the Justice Ayo Salami Panel was set up to investigate the allegations of corruption levelled against Mr. Magu by the AGF.  But the AGF was not summoned to prove the allegations before the Panel. This prompted Mr. Magu to request the Panel to summon the AGF to prove the allegations.  After some reluctance, the Panel issued a subpoena on the AGF to testify at the Panel, but the AGF, blatantly ignored the summons. In the absence of the vital evidence of the AGF the Panel decided to listen to suspects charged with serious economic and financial crimes by the EFCC under the leadership of Mr. Magu. Of course no sooth sayer is needed before one would know that such witnesses have an axe to grind with Magu and therefore, their evidence will, most likely, be tainted. Expectedly, the witnesses were reported to have given evidence against Mr. Magu. Although, the law is trite that evidence which ought to be given but is not given will be presumed to be against the person who refused to give such evidence if given. See Section 169 of the Evidence Act, 2011. Thus, one will be surprised if the panel refused to say anything in respect of the inexplicable refusal of the AGF to honour the summons of the panel, without any rhyme or reason.

MANAGEMENT AND DISPOSAL OF CONFISCATED ASSETS  

The agencies of the Federal Government authorized by several laws to confiscate assets of criminal suspects or other proceeds of crimes includes the Assets Management Corporation of Nigeria, Nigeria Police Force, Independent Corrupt Practices and Other Related Offences Commission, Economic and Financial Crimes Commission, Nigeria Customs Service, National Agency for the Prohibition of Trafficking on Persons, National Agency for Food and Drug Administration Control and Federal Road Safety Commission.

Thus, the disposal of such assets shall be carried out pursuant to final orders of forfeiture made by High Courts and the Code of Conduct Tribunal as the case may be. In order to co-ordinate the disposal of confiscated assets by the various agencies, the Executive submitted the Proceed of Crime Bill to the National Assembly.  Instead of ensuring an expeditious passage of the bill, the AGF decided to ‘enact’ the Asset Tracing, Recovery and Management Regulations 2019 empowering his office to take over “the overall custody and management of Final Forfeited Assets”. According to the Regulations, the office of the AGF, in collaboration with the office of the Minister of Finance “shall negotiate not less than 30% of any fund recovered on behalf of other tiers of government as administrative charges to the Government of Nigeria”. With respect, this provision is inconsistent with Section 162 of the 1999 Constitution which stipulates that all monies due government of the Federation shall be paid into a special account called Federation Account, and recovered loot belonging to the federal, state and local governments shall be paid to them without any unauthorized deduction.

Also, since the various laws on forfeiture of assets have not been amended by the National Assembly, the Regulations are completely illegal. It is trite law that Regulations or Guidelines cannot amend principal statutes. In NNPC V. Famfa Oil Ltd (2012) 17 NWLR (Pt. 1328) 148 at 195, the Supreme Court held that “It is the principal law that provides subsidiary legislation the source of its existence. Without Principal Law, there can be no subsidiary legislation, and so subsidiary legislation must conform with the principal law. The Petroleum Act is principal law, a statute and where it prescribes a particular method of exercising statutory power, the procedure so laid down must be followed without any deviation, whatsoever. Also, in Adesanoye v. Adewole (2006) 14 NWLR (Pt. 1000) 242 at 269, the Supreme Court held that, where the procedure prescribed by statute is not complied with, the consequences of non-compliance follows, notwithstanding that the statute does not specifically provide for a sanction. The court in its interpretative jurisdiction can come to the conclusion that failure to comply, is against the party in default. Therefore, it is suggested that the illegal Regulations be withdrawn forthwith while the National Assembly should be prevailed upon to pass the POCA Bill”. 

No doubt, the AGF is required to make Rules and Regulations for the disposal of confiscated assets from suspects prosecuted by the EFCC. But the essence of the provision is to ensure that the powers vested in the Secretary of the EFCC to dispose of assets are not abused.  The provision has not conferred powers on the AGF to appoint agents to sell confiscated assets. It is interesting to note that other agencies empowered to sell confiscated assets have ignored the illegal Regulations. The AGF recently appointed a defendant standing trial in a pending case of economic crime to sell certain confiscated assets. Thereafter, the office of the AGF has since taken over the sale of the assets via a Committee headed by the Solicitor-General of the Federation. I submit that unless the EFCC Act is amended to confer powers on the AGF to sell confiscated assets, the actions of the Asset Disposal Committee which is a brain child of the AGF are likely to be set aside if challenged in a court of law.

In endorsing civil forfeiture procedure adopted by the EFCC in several cases, the Supreme Court has held that it is an action in rem as opposed to the confiscation of assets which have been frozen and that it is embarked upon when the interest of the State is merely to recover the proceeds of unlawful activity. While interpreting the provisions of the EFCC Act, Advance Fee Fraud and Money Laundering Act which empower the EFCC to confiscate and dispose of assets, the apex court stated  that the interim forfeiture order made by the High Court can become final if the party interested in the property sought to be forfeited fails to appear before the Court to show cause within 14 days why the final order of forfeiture of the monetary properties should not be made in favour of the Federal Government of Nigeria.

SUSPENSION OF EFCC STAFF  

Another error committed by the Salami panel was the indefinite suspension of 11 (Eleven) EFCC staff which suspension was based on the recommendation of the Salami Panel. The suspended staffers were placed on suspension pending the investigation of Mr. Magu. In the course of carrying out the investigation of Mr. Magu by the Justice Ayo Salami, the suspended officials were not accused of committing any criminal offence or misconduct by the AGF. It is trite law that a Public Officer who is neither standing criminal trial nor under investigation cannot be interdicted or suspended from the Public Service.  Since the appointment of the 11 (Eleven) staff enjoys statutory flavour, their suspension or removal from office ought to have been carried out pursuant to section 8 of the EFCC Act.

Regrettably, the attention of the President was drawn to the provisions of Section 8 of the EFCC Act, but he rebuffed same. In Longe v First Bank (2006) 3 NWLR (Pt. 967) 228 at 266 the Court of Appeal, per Ayo Salami JCA (as he then was) held inter alia:  “The word suspension means a temporary privation or deprivation, cessation or stoppage of or from the privileges and rights of a person. The word carries or conveys a temporary or transient disciplinary procedure which keeps away the victim or person disciplined from his regular occupation or calling, either for a fixed or terminal period or indefinitely.” But surprisingly and in a funny twist, a Panel headed by Justice Salami requested for the suspension of 11 (Eleven) staff who were not under any investigation and thereby exposed the Buhari administration to embarrassment. Even the Secretary of the Commission, Mr. Ola Olukayode whose nomination was made by the President and confirmed by the Senate is included in the list of those placed on indefinite suspension. Since the staff were not probed under the law, they should be recalled and reinstated as soon as possible.

STATUTORY CONTROL OF EFCC

By virtue of Section 2 of the EFCC Establishment Act, the EFCC shall be supervised by a 25-member Board constituted by the President. For undisclosed reasons, the Board has not been reconstituted for the past 6 years of president Buhari’s administration, yet the government of the day prides itself as a fighter of corruption. I think the opposite is the case because from the look of things, this administration seems to condone corruption more than ever before, so much so that the corruption record of this administration may surpass all the past administrations because the president is too weak and lack political will to take decisions on vital issues and this has made it possible for some unscrupulous elements called cabal, to hijack the government. If the Board had been in place, the allegations levelled against Mr. Magu by the AGF who is an interested party, would have been addressed.  Apart from the Board, the other accountability mechanism put in place by law is the National Assembly. Under Section 37 of the EFCC Act, the EFCC shall submit its annual report to both Chambers of the National Assembly not later than September 30 of every year. I confirmed that the reports are submitted but the National Assembly does not consider them!

LEGAL NEXUS BETWEEN EFCC AND AGF 

The EFCC is empowered to arrest, investigate and prosecute cases of economic crimes while the AGF has the power to take over any pending case instituted by the EFCC. In Saraki v FRN (2016) 3 NWLR (Pt 1500) 531, Kekere-Ekun JSC, held that “Section 174 (1) (b) & (c) of (the Constitution) which refers to proceedings initiated by ‘any other authority or persons’, is a clear indication that the power of the Attorney General to institute criminal proceedings is not exclusive to him.” But the power to take over pending corruption cases being prosecuted in the courts  by the Commission cannot, by any stretch of imagination, be interpreted to empower the Attorney-General to take over the files of cases that are being INVESTIGATED (as opposed to ongoing trial) by the anti-graft body.

As far as the law is concerned, the EFCC is empowered to coordinate the enforcement of federal and state laws on economic crimes. In Shema v. F.R.N (2018) 1 S.C (Pt. 1) 1 at 38 – 39, Bada JSC held that: “The effect of our clear and unambiguous stance in Nyame v. FRN (Supra) and which we have no reason to depart from is that the Economic and Financial Crimes Commission (the EFCC) is the coordinating agency for the enforcement of the provisions of any other law or regulation on economic and financial crimes, including the Criminal Code and Penal Code. The Commission has power under Section 13 (2) of the Act to prosecute offences so long as they are Financial Crimes”.

It is, therefore, submitted that the EFCC is independent of the office of the AGF with respect to the coordination of the enforcement of federal and state laws on economic crimes. In order to appreciate the point that I am struggling to make here, it is necessary to refer to Section 10 of the National Drug Law Enforcement Agency Act which provides that the Attorney-General of the Federation is empowered to give general or specific directives relating generally to a particular matter or case and it shall be the duty of the Agency to comply with any guidelines or any directive given by the Attorney-General of the Federation, although, there is no equivalent provision in the EFCC Act. To that extent, it is safe to submit that there is no provision in any law which has made the AGF the Supervising Officer of the EFCC. In fact, in AG Abia State v AG Federation (2002) 6 NWLR (Pt. 764) 542, the Appellant had sued the AGF for alleged infractions of the law by the EFCC. In striking out the case upon the Preliminary Objection of the Respondents, the Supreme Court held that the EFCC is not an agent of the Attorney General of the Federation. Therefore, the power of the Attorney General of the Federation to take over cases being prosecuted by the EFCC cannot, by any stretch of imagination, be extended to the power to interfere or take over the case or cases being investigated by the EFCC because the power conferred on the AGF in Section 174 of the Constitution only deals with pending trials and not cases that are yet to be filed in court. Most recently, in Re: Economic and Financial Crimes Commission v. Senator Abubakar Saraki & Anor, Suit No. FHC/L/CS/163/2019, delivered on 16th July, 2020, Aikawa J. had this to say:

“Lastly, the intervener/Applicant relied on the asset tracing recovery and management regulations 2019 and submits that the EFCC is a distinct office from that of the Attorney General of the Federation. This action is therefore predicated on a faulty pedestal
I think the position of the law is settled that regulations for rules or the likes cannot override the provisions of a statute. In my war, these provisions are clear as to the powers of the Applicant, the Economic and financial crimes commission to commence this action. Consequently, I consider and hold that paragraph 5 of the Asset Regulations 2019 are void for being inconsistent with section 17 (1) of the Advance fee fraud and other fraud related offences act.”

It is submitted that with the legion of judicial authorities cited above on the status of the EFCC and the extent of the powers of the AGF, it is hoped that the AGF will do the needful by desisting from imposing his illegal rules or regulations on the Agency or Nigeria as if the AGF is but law unto himself in this regard.

CONCLUSION

No doubt, President Buhari is empowered to institute a commission of inquiry within the Federal Capital Territory. But the practice of setting up panels to investigate allegations of corruption levelled against public officers should be discouraged and discontinued. Since all citizens are entitled to equal rights and opportunities before the law, Public Officers accused of committing criminal offences should not be investigated by Presidential Panels while other citizens are investigated by the police and relevant anti-graft agencies. Apart from subjecting public officers accused of corruption or misconduct to special treatment, the reports of the probe panels are usually sent to relevant anti-graft agencies for prosecution where indictment is established. Instead of wasting public funds on probe panels, the Federal Government should refer allegations of corruption and abuse of office to the police or any of the anti-graft agencies for investigation and prosecution.

Finally, it is, however, doubtful if the Federal Government has not decided to use the Magu probe to weaken the EFCC. It is also sad that while the Buhari administration prides itself in waging serious war or fight against corruption, it has done nothing to investigate Mr. Malani SAN, whom accusing fingers have been pointed at severally by many concerned Nigerians including Magu. I think it is high time the government looked inward in this direction so as to display some sense of transparency in the assumed or pseudo-fight against corruption in Nigeria. This is because I believe that the corruption under this government will likely outweigh those under the past administrations. Malami seems not to be the angel he tries to proclaim but government is shielding him against questioning, and except he is no longer treated with kid gloves, many will not believe in this government’s fight against corruption. My fear is borne out of the fact that a few months ago, the Chairman of another anti-graft agency was accused of corruption and certificate forgery by the AGF. The said Chairman was suspended while the agency was dissolved by the Federal Government. I have confirmed that all the case files and proceeds of crimes recovered by the agency have been taken over by the office of the AGF.  It is hoped that at the end of the ongoing secret inquiry, the EFCC will not be dissolved or rendered impotent. Only time will tell.

Before I am done, it needs be pointed out here clearly that this piece is not aimed at white-washing Mr. Magu or any of his suspended lieutenants but rather to put matters in strict and proper perspectives. Also, I believe personally that Magu’s conduct at the EFCC has not been impressive and I suggest he be prosecuted if truly found to be corrupt; however, his accusers who are also not angels should not be spared if found wanting, which is not unlikely.

Before I rest anchor, may I answer the question of some people on whether the chairmanship or headship of the EFCC is the exclusive preserve of a particular region? I think it is not. Therefore, the opinions of some people that it is highly ludicrous for anybody to think that in matters of corruption, certain race or tribe is holier than the others may not be unconnected with the fact that all the Chairmen of the EFCC came from a particular region. To avoid this kind of thinking, it is suggested that future appointment considers other region in choosing the chairman of the agency as against what we have now where all the past chairmen of the agency came from the Northern part of Nigeria, especially from the North East of Adamawa and Borno States. Although, there is nothing wrong in appointing the leadership of the commission from a particular area so far they perform well, where they did not, one would have expected the government to beam its search light on other areas to test if there will be any difference. What then should be the qualifications of the Chairman of the EFCC? Section 2 of the EFCC Act, 2004 provides:

(1) The commission shall consist of the following members-a chairman, who shall- be the chief executive and accounting officer of the commission

ii) be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent; and 

iii) and possess not less than 15 years cognate experience.”

We submit that looking at the above provision of the law, the newly appointed Chairman of the EFCC is not qualified because he does not belong to any security or law enforcement agency as prescribed by the law establishing the Commission. This is reason why all former Chairmen were either retired or serving police officer, but definitely not a mere employee of the commission who is not police or law enforcement officer. Unfortunately one is surprised that our rubber stamp National Assembly has cleared him under very questionable circumstances because apart from the statutory non-qualification, there is the moral question as to his qualification because there are allegations of corruption levelled against him and still pending.

The submission becomes more appealing if the dossiers of all the former Chairmen of the EFCC are scrutinized. This is because apart from the pioneer Chairman of the agency, Nuhu Ribadu, all subsequent Chairmen never ended without some blemishes and dirty allegations, including Ibrahim Magu. It is then hoped that the incoming Chairman of the Agency will live above board and shock all doubting Thomas who think that he may be a square peg in a round hole or that he is the protégé of the AGF and going there to do his bidding or cover his dirty tracks. According to that legal icon and consummate advocate of all time, Chief Wole Olanipekun (SAN), in one of his numerous thought provoking articles, titled “EFCC should be an enduring institution, not tied to persons and personalities”, “Care must be taken not to confuse enduring institutions like the EFCC with persons and personalities. Institutions are meant to serve the permanent interests of the nation and not the narrow and transient interests of those who man them…. For now, what should be of prime concern to those who honestly want corruption wiped off or substantially eliminated from our polity is that whoever is the Chairman of the EFCC should be independent of the president. He should not be taking instructions from him as to who to prosecute and who not to. He should not be a member of the President’s kitchen cabinet and neither should he be labelled or tagged as the President’s boy. An independent EFCC which we all yearn for should not be used as stool or vessel by whoever is the President to harass, intimidate, threaten or prosecute supposed political and economic enemies”.

Taking a cue from the above wise counsel from the erudite lawyer, does the new EFCC Chairman, Mr. Bawa who is believed to have been single handedly sponsored by the AGF possess these qualities as to eminently discharge the duties of the office in line with best standard practice? The answer can only be imagined. We cross our fingers and hope for the best as the new chair takes up the mantle of leadership.

Kabir Akingbolu, Esq., a Constitutional Lawyer and Human Rights Activist writes from Lagos.

Robbery Attempt In Aso Rock Shows No Nigerian Is Safe — Ozekhome SAN

A human rights lawyer, Mike Ozekhome, SAN, says the burglary attempt by armed robbers on the Aso Rock residence of the Chief of Staff to the President, Ibrahim Gambari, shows there is no security anywhere in the country and no Nigerian is safe.

Ozekhome, who described the robbery attempt as shameful and disgusting, made this known in a statement on Tuesday obtained by The PUNCH. It was titled, ‘Burglary In The Villa: When The Chicken Comes Home To Roost’.

“The Chief of Staff, Professor Ibrahim Gambari has confirmed that there ‘was a foolish attempt’ to burgle his residence at 3:00am this morning but it turned out to be unsuccessful.

“Professor Gambari, whose house is on a street next to the Villa has assured that there is nothing to worry about from the incident,” Shehu had stated in a two-part tweet on Monday night.

The disclosure caused a stir in the country as common Nigerians wonder what becomes of their fate if the presidency, with its entire security fortress, could be invaded by armed robbers who further launched a burglary attempt.

Reacting on Tuesday, Ozekhome said, “I am not surprised to hear that the official residence of the Chief of Staff to the President, Prof Ibrahim Gambari inside Aso Villa has been burgled. It is still a wonder, indeed a miracle, for which I am grateful to God, that Nigeria herself has not still been physically abducted and kidnapped as a country, though she has since been abducted and kidnapped, literally, in terms of economy, corruption, nepotism, cronyism, prebendalism, crass tribalism and religious bigotry. There is no security anywhere in the land.

“Boko haram are only kilometers away from the federal seat of government in Abuja. In Niger State, they have since planted their flags of sovereignty over many Nigerian territories. The Governor himself said so…Whether in the air, on water, or by road, or in the markets, malls, schools, churches, mosques, streets, alleys, government seats, Nigerians are not safe from rampaging marauders.

“The burglary of a whole Chief of Staff’s residence therefore merely points to the dire times and vulnerability of all. After all, if gold rusts, what will iron do? One of the greatest signs of a failed state is when there is balance of power of violence and control over instruments of terror between a legitimate government and non-state actors, such as terrorists, armed bandits, kidnappers, etc. That is where we are today unfortunately.

“It blames every person and all others, but itself. It still blames the PDP that it snatched power from in an unfair election 6 whopping years ago!

“Now, it has invented rumours of a possible coup against it as a not so ingenious strategy of distraction from its woeful performance and abysmal failure. So shameful and disgusting. Nigeria, we hail thee.”

Recall that the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, said there was an attempt by armed robbers to burgle the residence of Gambari, early Monday.

Credit:thenigerialawyer

Mama Taraba And T Y Danjuma’s Taraba Declaration

Some events remain evergreen in your mind. Despite the passage of 15 years, it has remained etched on my memory. The crudely forged case against the former governor of Delta State, Chief James Onanefe Ibori, had been stalled in an Abuja High Court while the Police was being waited for to bring its first report on the Ibori case to court. Though over a month went by and the then Police Chief, Mr. Tafa Balogun, played hide and seek, no single Nigerian newspaper or magazine columnist took umbrage at Tafa’s undemocratic antics simply because the man being affected by the unbecoming display of that nastiness against the concept of democracy and the rule of law was, well, Ibori … and the press had taken sides with the central administration against him. 

Of course, if the President Muhammadu Buhari administration were to be so recalcitrant today in disobeying a court order, the media would call for the Inspector-General of Police to resign or be sacked by the President. 

Back to the matter proper. That Monday’s proceedings opened dramatically enough. The judge entered the court at 9am and called for the Chief Registrar of the Federal Capital Territory (FCT) High Court, Mrs. Aisha Abubakar Ibrahim. Ah, did the name ring a bell? Yes, she was the same former minister known widely as Mama Taraba. And she died a few days ago. 

As she brought the documents and stepped into the witness box, the late Chief Gani Fawehinmi objected, saying that Yusuf had not concluded the evidence he began last Wednesday. “It is not proper to be taking witnesses in between trial. This is a trial within a trial,” he said. At this point, Ibori’s counsel, the late Paul Milton Ohwovoriole, interjected that the Chief Registrar was only a government official coming to tender documents and she had nothing to do with the case. “The books are part of the evidence; if the documents are put in evidence, they could either be accepted or rejected,” he added. 

That was the beginning of the favourable tide that remained with Ibori all through the proceedings in that court. The Registrar, while answering Ibori’s lawyer’s questions, announced that this “is the court record books of Upper Area Court, Bwari, in custody of the Registrar of the Court in Bwari before I called for them”. She said also that the Criminal Complaint book of the Bwari court had remained with her, too. The court record is where proceedings of a court are recorded while the criminal complaint book is for recording the charges and the parties involved in particular cases. 

“When did the two documents get into your custody,” Fawehinmi asked the lady Registrar. 

Her reply: “There was a time Election Petition Tribunal subpoenaed the FCT Chief Judge to produce the two documents, 15 March, 2004” for a matter then pending before the election tribunal. 

When Fawehinmi asked whether the documents were “authentic”, the Chief Registrar said that “since I got them from the courts and they are court documents, they remain authentic. If some parts were removed, I will not call the documents unauthentic because they remain court records but I will say that the authentic documents were tampered with. If there was any removal it was before the documents came into my possession”. 

Fawehinmi insisted on knowing when the Registrar collected the documents, but Ibori’s counsel interjected, “There is no need for that. Yusuf (Bwari magistrate) himself has already said that some pages were missing, so why bother the Registrar about that?” 

After the Chief Registrar stepped down from the witness box, Ibrahim Yusuf, the Bwari lay judge, resumed his position there. The wiry smile that had played on his lips all along was gone. I wrote in my notebook: “I must check on the import of the Registrar’s testimony, it unsettled Fawehinmi and the Bwari lay judge. Also, any one could see the relief on the faces of Ibori’s counsel”. 

The moment the Judge exited the court, Ibori’s supporters began celebratory backslapping and handshakes. Even this early in the proceedings, the matter was headed somewhere that was not antagonistic to Ibori’s chances and unless a major piece of evidence emerged against him, it would take only a miscarriage of justice to get Ibori to lose. 

Yet, despite this wind behind Ibori’s back, the following day’s newspapers had, for their headlines, variations of this: “I Convicted Ibori, Says Bwari Judge” but which had no documentary backing. Such too would have been the case with Daily Independent where the Judicial Correspondent had written and so titled his story by 4pm when I called for it. I asked him not to file it despite his prostrations that Lagos had been calling for it. He even asked that I write mine and send separately. I refused and reworked it to accentuate the inconsistencies concerning the FIRs and instead of summarising the proceedings as he did, I gave a blow by blow account in the question and answer form of that contest between Ohwovoriole and Yusuf that was almost totally reproduced above. In a case as sensitive as this, I have always believed that the duty of the journalist would be to help the reader to fully understand the situation by presenting the blow by blow account. 

I finished the story by 5:30 pm and asked the Law Correspondent to read through before sending it. In answer to questions from Lagos, Fadeyi rightly said that his story was ready by 4 pm. The Editor, Mr. James Apkandem, phoned me and said that I must never again insist on seeing Fadeyi’s stories before they were sent. My explanation cut no ice with petty office politics-infested Lagos headquarters and that “delay” was marked against me and was invoked at a meeting months later in Lagos, as one of my gross misdeeds meriting the taking away the control of Abuja office from me. Akpandem is still alive, and Ted Iwere was the MD then. I have not lied against them. 

Yet, there is something my heart is burning to present: Ohwovoriole’s cross-examination of Yusuf, the Bwari Upper Area Court lay judge, who lied that he jailed Ibori in 1995. 

Ohwovoriole: “In the summary trial of CR-81-95, what was the process?” 

Yusuf: “We were sitting in open court when the Prosecutor brought six FIRs. The FIR was read by Prosecutor Musa Sunday and the accused was having a counsel, N. Ndukwe. It was read to the accused person and he pleaded guilty. And his counsel, N. Ndukwe (this name has been searched for in the list of registered lawyers in Nigeria, it could not be found) pleaded for leniency since he was a first offender, and I imposed a fine of N500 on each of the two counts.” 

Ohwovoriole: “If you try a case, you sign at the end of the proceeding, which you did in this case.” 

Yusuf: “Yes.” 

Ohwovoriole: “If you see exhibit C, the record of your court, you will be able to recognize it.” 

Yusuf: “Yes.” 

Ohwovoriole: “Look at pages 439 to 441.” 

Looking into the book, Yusuf read: “The CR is 71-95 to 81-95”. 

Ibori’s counsel asked him again to look at page 441 where CR 81-95 was registered as Commissioner of Police versus Shuaibu Anyebe, and he asked Yusuf to read out the rest of the record. Yusuf now complied: “CR-81-95 was registered on 28/9/95 as Commissioner of Police versus Shuaibu Anyebe of security, Bwari. Substance of complaints: negligent conduct and criminal breach of trust, under section 312 and 196 of the penal code. Remark: sentenced to one year or N1, 000 fine jointly on each count. 

“The next date was 5/10/95 in CR -83-95. The next date again is October 13 with CR -84-95. The prosecutor was Sabo of Kawu. The next is 17/10/95, in CR -85-95, involving Mallam Adamu Muhammed of Lugbe village. Next is 19/10/95, CR-86-95, Barau Ayade versus Dogonyaro Akau, next is 20/10/95, in CR- 87-95, involving Elambu Auta versus Danjuma Medeji and Yerima Akusu. The complaint was enticement.” 

Going for the kill, Ibori’s counsel asked: “How many entries are there between CR-78 and CR-82?” 

To this, Yusuf mentioned only five cases. And most material to the trial, none of the five bore Ibori’s name. And that was from the official records kept by, and brought from, Yusuf’s own court and read out during the trial by Yusuf himself. 

At this, Ohwovoriole, contentment written all over his face, pointedly called Yusuf a liar: “I put it to you that you are a liar. I put it to you that you are a pathological liar, and you and your staff altered CR-87-95 to read CR -81-95 and inserted Ibori’s name.” 

Now, dear reader, Yusuf had claimed that “CR-87-95 concerned Ibori. You may recollect that Yusuf claimed that some persons penetrated the records and changed CR-81-95 which he lied had concerned Ibori to read CR-87-95. But he, with his own mouth, read out from the records of the Bwari court where he was a lay judge: “CR-87-95 involving Elambu Auta versus Danjuma Medeji and Yerima Akasu. The complaint was enticement.” So even CR-87-95 concerned somebody else and not Ibori. 

While Ohwovoriole cross-examined Yusuf, he could not make a clear distinction between the charge numbers in Anyebe’s case and the one allegedly involving Ibori. Though Awal Yusuf had earlier in his evidence-in-chief said that the charge number of the case against Ibori was CR-81-95, he later changed his words and said it was CR-87-95. Now, Yusuf in reply to Ohwovoriole questions, proved that James Onanefe Ibori’s name never appeared in any of the five First Information Reports (FIR’s) registered in his court on September 28, 1995. 

It is likely that if that woman did not have the courage to stand her ground in court and tell the truth, Ibori could have lost that case. The Obasanjo administration had interest in that case, and the Police IG and Abuja Chief Judge joined in the Government Magic that was going on. But she embraced the truth. May this good work help plead her case before the Almighty. 

And now on to Lt. Gen T. Y. Danjuma’s Taraba Declaration. When he called on Nigerians to rise up and defend themselves from terrorists, saying that the law enforcement agencies were either unable to defend the populace or were conniving with them, he was roundly condemned by those in government. 

Now, self-help agencies, supported by some state governments, have sprouted here and there, even as communities have rallied to provide some modicum of self-support for themselves. A serving minister even chided Nigerians for running at the sound of gunshots instead of fighting back. 

Then, last Monday, Niger State governor, Abubakar Bello, cried out in a video: “I am confirming that we have Boko Haram elements in Niger State, around Kaure. They have taken over the territory… They have installed their flag.” 

The governor added that the libido-crazed insurgents forcefully took many of the residents as their wives. And as the state shares a boundary with the Federal Capital Territory, there is little wonder that Abuja residents are now panicky and schools have started shutting down. Let those who rose against Danjuma, please, explain what is going on. When does it become obvious to a failure that he has failed?  (Independent)

NAPTIP rescues 52 victims, arrests four suspected human traffickers in Kano

The National Agency for the Prohibition of Trafficking in Persons (NAPTIP) has rescued 52 victims and arrested four suspected human traffickers in Kano State.

According to the agency, it received intelligence report that the victims werre on transit from Delta, Imo, Edo, Ogun, Oyo and Ondo States en-route to Europe via Libya.

It added that on receiving the information, a special operation was coordinated in Kano, Katsina and Jigawa States to rescue the victims and the suspects were arrested by NAPTIP/Joint Border Task Force officers.

In her reaction, the Director General of NAPTIP, Imaan Sulaiman-Ibrahim reiterated the agency’s commitment to fighting human trafficking and the rehabilitation and empowerment of survivors.

She also pledged that the agency would make it difficult for human traffickers and their agents to succeed in their evil operations.

The DG commended the Nigerian Diaspora Commission and the security agencies, especially the Nigeria Immigration Service, for their support to NAPTIP.

Credit:theconclaveng

Nigerian Army confirms Jibia Mosque kidnap, says security forces rescue some hostages

Yerima

▪︎Efforts are ongoing to rescue others

Troops of 17 Brigade Nigerian Army, in conjunction with operatives of the Nigeria Police Force, averted a planned attack by bandits on Magama Central Mosque in Jibia Local Government Area of Katsina State where several locals had gone to observe the late night Ramadan prayers.

In a statement, Director Army Public Relations, Brigadier General Mohammed Yerima said the incident which occurred in the early morning hours of 10 May, 2021 witnessed a large number of bandits who came firing sporadically in an attempt to disrupt the prayers and abduct innocent worshippers.

He said they were forced to withdraw in disarray as they were met with overwhelming firepower from a combined team comprising troops and police operatives who were tactically deployed in the town following earlier Intelligence received on the planned attack.

Yerima said while the troops maintained vigilance to forestall further attack on the mosque, the fleeing criminals whose main intent was not actualised while retreating decided to raid a local mosque on the outskirts of Jibia Town where they kidnapped some persons.

He said on getting the information, the combined team mounted a pursuit on the bandits, forcing them to abandon most of the hostages while fleeing with an unknown number.

Yerima said the rescued victims had since been reunited with their families while further efforts were ongoing to rescue the others in collaboration with neighbouring military establishments including those of Niger Republic.

He said late night prayers were very common among the Muslim faithful, particularly in the last days of the Holy Ramadan season.

Yerima said the situation in Jibia was under control as reinforcements had since arrived in the area in order to facilitate the rescue efforts.

He advised the local inhabitants to go ahead with their normal business and report any suspicious activity to the security agency nearest to them.

Credit:theconclaveng

Insecurity: FG Has Capacity To Crush Terrorists, Bandits – Lai Mohammed

The Minister of Information and Culture, Lai Mohammed on Tuesday said the Federal Government has the capacity to crush Boko Haram/ISWAP terrorists in the northeast and bandits in the north western parts of the country.

This comes as security forces grapple with the activities of terrorists and bandits who have killed thousands, displaces hundreds of thousands and abducted several people for ransom.

Mohammed who spoke during a press conference in Lagos said contrary to the beliefs that the Federal Government is overwhelmed and lacks capacity to tackle the security threats, President Muhammadu Buhari administration is committed to restoring law and order, peace and security in the country.

“I have read comments saying the Federal Government is overwhelmed and doesn’t have a clue as to how to tackle the challenges. Some have even gone as far as suggesting a truncation of the democratic order, a clearly treasonable stance,” he said.

While noting that the Federal Government “acknowledges the security challenges we face at this time, from terrorism to kidnaping, banditry and farmer-herder conflict, it is definitely not overwhelmed and indeed it has the wherewithal, as you will see in the days ahead, to confront the challenges headlong and restore law and order, peace and security.

“One of the most difficult things to do, for a democratically elected government, is to use the instruments of coercion against its own people. For example, while the nation’s military have superior firepower over the rag tag band of Boko Haram and ISWA, the terrorists most often than not operate among the populace, either in our villages or towns, hence the military, in tackling them, is usually careful to avoid collateral damage.

“The same applies to the kidnappers who abduct our school children. Usually, the location of the kidnappers is not unknown to the security forces, but they still must exercise caution in order not to hurt the same children they are trying to rescue. Despite these inhibitions, the security forces have the wherewithal to decisively tackle the challenges.”

The Minister also reacted to attacks on security attacks in the country, describing assault on security operatives as a declaration of war against the country.

While condemning the attacks, the government’s spokesperson warned that such attacks will be countered with overwhelming force.

He added, “There is a growing dangerous trend which I will like to comment on. It is the practice of launching deadly attacks against the nation’s security personnel. Soldiers as well as police, customs, and other security agents have been killed and maimed in some parts of the country in this growing trend of targeting security forces.

“I want to say, unequivocally, that any attack on our security men and women is an attack on the state and a declaration of war against the nation. It follows, therefore, that this will be countered with overwhelming force.”

Source:sundiatapost

Dare Adeboye’s death: “Without any doubt, this is a big blow, a very heavy blow,” admits Pastor Adeboye

General Overseer of the Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, admitted that the sudden death of jos son, Pastor Dare, was a very big bow to him.

Pastor Adeboye reportedly spoke at length, on Monday, about Dare’s death during which he said despite how much God revealed past and present happenings around the world to him, He (God) deliberately kept Dare’s impending death from him.

He said he had no inkling whatsoever that he (Dare) was going to die considering how well he handled all the assignments given to him.

The News Guru which has undertaken a robust coverage of the incident since it happened quoted Pastor Adeboye to have said: “Without any doubt this is a big blow, a very heavy blow.

“As a former boxer, I can tell you that the boxer never sees the blow that knocks him down.

“My son’s death caught me unawares. God never (did not) revealed (reveal) it to me; that is why it was so unexpected and devastating.”

The clergy stated that when he inquired from God after his son’s passing, God told him if he (Adeboye) had a fore knowledge of Dare’s death, he (Adeboye) would have stopped Him (God) from taking him (Dare) away.

▪︎My son died the way I would love to die, peacefully

Pastor Adeboye stated that despite how painful Dare’s early exit was, he (Adeboye) took consolation in the fact that he (Dare) died peacefully while doing the Lord’s work.

He said when he finished his earthly assignment, he (Adeboye) would love to depart this world in a peaceful manner his son did.

Read him: “Dare died the way I would want to die. He (Dare) had been busy organizing a very successful youth convention in Akwa Ibom after which he told people around him that he wanted to go and rest and that nobody should disturb him. He slept and never woke up.”

▪︎This a very hard exam for me

Pastor Adeboye, however, stated how difficult processing the death of his son was.

He said it was a difficult exam but God must have scored him high because of how calm he took it.

The cleric whom many thought would be grieving shocked the world on Thursday when he ministered virtually to millions of the church’s congregation in his usual calm and collected manner.

His wife, Pastor Folu Adeboye did the same on Friday during the monthly Holy Ghost Congress.

According to Adeboye: “Death has surprised me. This is a very hard exam. I believe I have passed this tough exam before God.

“The greater the exam, the greater the reward. In March God spoke to me about a New season, about promotion, and that there will be rewards. The Higher you go, the harder the exams and greater are the rewards.

“This has been a very hard exam. This was a knockout blow. When I was a boxer, my coach taught me that when a blow knows you down and you hit the floor; you shouldn’t rush to get up immediately; that you should let the referee count at least till 8; use that time to analyze what happened, which what I have done since Dare’s passing.”

▪︎A confetti of tributes, condolences from all over the world

As expected, condolence messages have been pouring in for the cleric from all over the world.

President Muhammadu Buhari; Vice President Yemi Osinbajo (an ordained pastor of RCCG) and a majority of the 36 governors have either visited the cleric or sent a condolence message.

Religious bodies, Christian and Muslim clerics including the Sultan of Sokoto His Eminence Alhaji Muhammad Sa’ad Abubakar III have also either visited or called to commiserate with him.

His international colleagues and admirers have also sent comforting messages.

▪︎Dare’s farewell service takes place today

Meantime, Dare’s farewell service takes place today at the Youth Centre, RCCG Redemption camp, Ogun State, Nigeria.

The Thanksgiving Songs and Tribute held on Monday in same venue. (Source: TNG)

Gunmen-abduct-pastor-on-church-premises

A pastor of the Deeper Christian Life Ministry, Mayomi Ogedengbe was on Monday abducted in his church located in Irese, a community near Akure, Ondo State capital.

According to a witness, the kidnappers came in with a black Corolla Sports Car and took the pastor away.

The whereabouts of the pastor have since then remained unknown, and his abductors have yet to reach out to the family on what to do to secure his release.

The spokesperson of Ondo State police command, Tee-Leo Ikoro, confirmed the incident to Channels Television, noting that the Commissioner of Police in the state, Bolaji Salami had ordered the immediate search and rescue of the pastor.

He noted that a combined team of security operatives including the police, Amotekun, the military, the vigilante as well as the NSCDC had started combing the bush around the area to rescue the victim and equally apprehend the culprits.

Your words reveal your heart

‘Your speech betrays you.’
Matthew 26:73 NKJV

The words you speak will give you away every time. It happened to Peter. On the night Jesus was arrested and all His disciples scattered, Peter stayed close enough to see what was happening – but not close enough to be identified with Him. The Bible says: ‘Those who stood by came up and said to Peter, “Surely you also are one of them, for your speech betrays you.” Then he began to curse and swear, saying, “I do not know the Man!” Immediately a rooster crowed. And Peter remembered the word of Jesus who had said to him, “Before the rooster crows, you will deny Me three times.” So he went out and wept bitterly’ (vv. 73-75 NKJV). After that episode nobody accused Peter of being a follower of Jesus! Isn’t it interesting how profanity in any language has a way of making others question the quality of your relationship with Christ? Your words have the power to build people up or tear them down, draw them to Christ or drive them away. With that in mind, here are two Scriptures you need to underscore and think about often: 1) ‘Let your speech always be with grace…that you may know how you ought to answer each one’ (Colossians 4:6 NKJV). 2) ‘Do not let any unwholesome talk come out of your mouths, but only what is helpful for building others up…that it may benefit those who listen’ (Ephesians 4:29 NIV). Today, here’s a prayer for you to pray: ‘Father, may the words I speak this day bring credit to the name of Jesus and draw others to Him. In His name I pray, amen.’

Bible in a Year: Luke 8:26-56, Psalms 46-48

Credit: The Word For Today

Your family background doesn’t matter

‘Jesus is not ashamed to call [us] brothers and sisters.’
Hebrews 2:11 NIV

Every family has its secrets. A cousin with a prison record, or a dad who abandoned the family, or a grandparent who ran off with a co-worker. It may surprise you to know Jesus didn’t come from a perfect family either. The Bible records the details of Jesus’ ancestral lineage – and it includes some flawed characters! There’s Tamar, who tricked her father-in-law in order to seduce him, and there’s a white-collar criminal named Jacob who took advantage of his brother and his father-in-law in order to get rich. And how about King David? One day he’s writing psalms, and the next day he’s seducing the wife of one of his army officers. The list goes on, and Scripture records it to let you know two important truths: 1) You are not unique. If your family tree has damaged fruit, Jesus wants you to know He’s been there! In the absence of any mention of Joseph’s involvement in Jesus’ adult life, some scholars believe Mary may have raised Him and his siblings alone. And Jesus wasn’t reluctant to call His ancestors family – which means He’s not ashamed of you either. 2) Jesus doesn’t look at your past in order to decide your future. In His eyes, spiritual DNA trumps natural DNA! The Bible says: ‘If anyone is in Christ, the new creation has come: the old has gone, the new is here! All this is from God, who reconciled us to himself through Christ and gave us the ministry of reconciliation’ (2 Corinthians 5:17-18 NIVUK). So don’t be afraid to tell others that what Jesus did for you, He will do for them when they put their trust in Him.

Bible in a Year: 2 Samuel 9-11, John 18:19-40

The Word for Today

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