EFCC

‘WHERE IS ABDULRASHEED BAWA?’ ASKS CHIDI ODINKALU

Around 6 February 2005, John Githongo, Permanent Secretary in Kenya’s Presidency responsible for Governance and Ethics, resigned after only two years in the role. As Michaela Wrong narrates in her vicarious memoir of Githongo’s tenure, his resignation letter was transmitted from an anonymous grocer’s shop in London at the beginning of what turned out to be a three-year-long exile. He had fled the job “fearing he could be murdered.”

When he took up the position in 2003, Githongo had arrived with energy and ideas from a senior role in global corruption watch-dog, Transparency International. Corruption, he told Ms. Wrong, “could only be fought from the top.” The main lesson from his two years on the job, instead, appeared to be that fighting corruption was also most usually frustrated from the top.

Ngozi Okonjo-Iweala, who had her own run-ins with trying to keep the country on the tarmac as Finance Minister, titled her memoirs on public finance reforms: Fighting Corruption is Dangerous. The New York Times described Githongo’s experience as “a cautionary tale about the dangers of challenging a thoroughly corrupted system.” Such tales have become the staple of a succession of bedraggled tenures of chief executives of Nigeria’s leading anti-corruption institution, the Economic and Financial Crimes Commission, EFCC.

By some coincidence, the EFCC’s first Chairman, Nuhu Ribadu, took his job in the same year that President Mwai Kibaki appointed John Githongo to his position as the presumptive Czar of anti-corruption in the country. The year after his appointment, Ribadu reached an agreement with the Nigeria Police College, Ikeja, to train cadets for the EFCC. Among the graduates from the Course 1 Cadet cohort in 2004 was one Abdulrasheed Bawa.

The brief of the EFCC, meanwhile, ran up against constitutional design and cynical politics. Although the Commission is empowered primarily to ensure accountability through criminal prosecutions, ultimate control of that function under Nigeria’s constitution lies not with the Chairman of the EFCC but with the Attorney-General of the Federation and Minister of Justice, who sits in Cabinet, where the EFCC Chair does not. What the president gives to the EFCC Chair, he can take away by sleight of hand, a nod, or a wink in the direction of his Attorney-General.

Within two years at the beginning of the Millennium, Nigeria had created two anti-corruption institutions where one would easily have served. In 2000, President Olusegun Obasanjo first established the Independent Corrupt Practices and Other Related Offences Commission, better known as the ICPC, to fight routine bureaucratic malefaction.

But Nigeria was on the receiving end of sovereign stress from the Financial Action Task Force (FATF) for allegations of high profile international financial crimes involving a joint enterprise of private citizens and public institutions, which made the rehabilitation of the country’s international credit rather frustrating. Somewhat under international duress, therefore, President Obasanjo established the EFCC to help him create the impression that the country was serious about this problem. The motive for the EFCC, it seemed clear from inception, was both instrumental and performative. That was clear enough to the politicians who created it. Most of the leaders of the institution since, however, liked to pretend to the contrary.

The EFCC volubly advertises its relative success against the most notorious advance fee fraud syndicates but has proved entirely inept in bringing to account senior politicians, who have turned Nigeria into an object of abject pillage and plunder, often with the collusion of a succession of occupants of the office of the Attorney-General of the Federation.

Successive Chairs of the Commission have ended all ended up tarnished and hounded.

Nuhu Ribadu was a dashing 40-year old police officer and lawyer who came to national prominence at the turn of the millennium representing his employers before the Human Rights Violations Investigation Commission headed by Justice Chukwudifu Oputa. He brought that gusto to his role as the pioneer chair of the EFCC where he seemed to command considerable bandwidth with then president, Olusegun Obasanjo to the point of holding sway in decisions over who was eliminated from the line of succession as Obasanjo’s tenure wound to a close.

A 2006 US Embassy Cable disclosed by Wikileaks feared that the work of fighting corruption under him was “widely perceived to be nothing more than a political witch hunt by President Obasanjo”. Human Rights Watch famously criticized him as preoccupied with the pursuit of “more headlines than convictions.” As Githongo made his way back to Nairobi from three years in exile in 2008, Ribadu was headed out to his own exile of about the same duration after suffering multiple humiliations and exposure to worse at the hands of Obasanjo’s successors.

The tenure of Farida Waziri, the retired Assistant Inspector-General of Police, who succeeded Ribadu at the EFCC, seemed ill-fated from the beginning. According to another cable also disclosed by Wikileaks, Mrs. Waziri was a client of the same politicians whom she was supposed to investigate and her every step seemed to be dogged by suspicion and controversy. A few months into his elected tenure in November 2011, President Goodluck Jonathan mercifully relieved Mrs. Waziri of her position citing “national interest.”

Ibrahim Lamorde, who replaced Mrs. Waziri in 2011, was sacked in November 2015, barraged by allegations by the National Assembly very much redolent of the kind that he should have been investigating against those who were hounding him.

His successor, Ibrahim Magu, had the distinction of serving his tenure without Senate confirmation. On 6 July 2020, operatives of the State Security Service (SSS), arrested Mr. Magu and detained him for interrogation in connection with allegations of corruption.

Abdulrasheed Bawa was the first Chairman of the EFCC who was not a Police Officer. A lifelong staff of the Commission, Bawa was barely 40 when he was appointed to the role in February 2021 in somewhat controversial circumstances. On 14 June, 2023, the presidency announced his suspension from office for opaque reasons given as “weighty allegations of abuse of office”. More than 120 days later, Bawa remains disappeared, reportedly an unacknowledged hostage of the SSS, his location unknown and undisclosed.

At least three aspects of Bawa’s fate merit attention. First, a government that claims democratic legitimacy should not be in the business of disappearing citizens, irrespective of what they are accused of. Whatever the allegations against Mr. Bawa are, they cannot justify putting him beneath the constitution.

Second, Nigeria’s constitution prohibits administrative detention, which is exactly what has become Mr. Bawa’s fate. Nigerians did not suffer that silently from military dictators. An administration led by those who claim to have resisted the abuses of military rule should not be caught now replaying the playbook that they reviled. If there are serious allegations against Mr. Bawa, he deserves to be brought to account administratively in line with the service regulations of his employers or before a court of law. Neither option warrants his indefinite disappearance.

Third, established under the National Security Agencies Act, the powers of the SSS are limited to investigation and enforcement of crimes “against the internal security of Nigeria.” Allegations of “abuse of power”, which the presidency claims to be the reason for Bawa’s suspension, would appear to be outside the scope of the SSS.

The standard response to this is that Mr. Bawa is receiving a taste of the medicine of institutional caprice that his EFCC meted out to suspects. The shortcomings of the EFCC under successive leaderships since its inception, including its investigation and detainee management protocols, are well documented. However, the habit of terminating successive leaders of the institution into political persecution is independent of that pattern.

Ironically restored under the current regime to public service as National Security Adviser, Nuhu Ribadu, who bears indelible scars from being hounded into exile as pioneer chair of the EFCC, today supervises the disappearance of Abdulrasheed Bawa in complicit silence.

Nigeria’s politicians may be interested only in co-opting the language of fighting corruption but citizens have a duty to care that corruption is not enabled with official impunity. The disappearance of Mohammed Bawa is not merely a violation of the standards of Nigeria’s laws and constitution; it also ensures that the job of fighting impunity for grand corruption in Nigeria does not stand any chance of success.

A lawyer and a teacher, Chidi Anselm Odinkalu can be reached at chidi.odinkalu@tufts.edu

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EFCC SHUNS COURT ORDER, WITHHOLDS SHASORE’S PASSPORT

The Economic and Financial Crimes Commission (EFCC) has defied an order of the Federal High Court to transmit the international passport of embattled former Lagos State Attorney-General & Commissioner for Justice, Mr. Olasupo Shasore SAN to the court’s registry.

Meanwhile, the absence of EFCC Prosecutor, Mr. Bala Sanga yesterday scuttled the trial of Shasore for alleged money laundering.

When the matter came up yesterday, the Lead Defence Counsel, Mr. Wale Akoni SAN told the court that the anti-graft agency had not complied with the order to deposit Shasore’s international passport with the court’s registry.

He also noted that the defence team was in receipt of a letter by the prosecutor requesting an adjournment of the case as it conflicted with another criminal matter that he has in an Abuja court.

Following the abortion of trial, Justice Chukwujekwu Aneke adjourned the matter to February 21, 2023 for trial.

Though Sanga had during arraignment prayed the court to remand Shasore in custody, the court had ruled as follows: “There is no doubt that the court must strike a balance based on the evidence before it, between the constitutional rights of the defendant to liberty and presumption of innocence and the rights of the state to prosecute its erring citizens,” the judge held.

“The defendant’s application for bail succeeds and the bail is accordingly granted in the following terms:

“Defendant applicant is admitted to bail in the sum of N50 million with one surety in like sum. The surety must be a serving director or a permanent secretary in the service of the federation or the Lagos state government. Surety to produce two copies each of his or her recent passport photograph and evidence of payment of tax or tax clearance.

“The defendant’s international passport with the complainant shall be deposited with the registrar of this court pending trial. This is the ruling of the honourable court.”

CITY LAWYER had in an exclusive report noted how a four-man team of Senior Advocates had battled to secure bail for Shasore following his arraignment last October on a four-count charge bordering on money laundering. The team was then led by Mr. Charles Candide-Johnson SAN. Others in the defence team were Dr. Muiz Banire SAN, Mr. Segun Ajibola SAN, and Mr. Chijioke Okoli SAN.

The matter is filed as Charge No. FHC/L/447C/2022, Federal Republic of Nigeria and Olasupo Shasore, SAN. Shasore was the Chief Law Officer during the administration of former Lagos State Governor, Mr. Babatunde Fashola SAN.

Count one of the charge reads: “That you Olasupo Shasore, S.A.N. on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court induced Olufolakemi Adelore to commit an offence, to wit accepting cash payment of the sum of US100,000.00 (One Hundred Thousand United States Dollars) without going through a financial institution which such exceeded the amount authorised by Law and you thereby committed an offence contrary to section 78(c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 16(6) of the same Act.”

Count two reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court, in a transaction without going through a financial institution, made cash payment of the sum of USD 100,000.00 (One Hundred Thousand United States Dollars) to Olufolakemi Adelore through Auwalu Habu and Wole Aboderin, which sum exceeded the amount permitted by Law and you thereby committed an offence contrary to sections 1(a) and 16(1)(d) the Money Laundering (Prohibition) Act, 2011 (as Amended) and punishable under section 16(2)(b) of the same Act.”

Count three reads: “That you Olasupo Shasore, S.A.N., on or about the 18th November, 2014, in Lagos within the jurisdiction of this honourable Court, induced one Ikechukwu Oguine, to commit an offence, to wit: accepting case payment of the sum of USD100,000.00 (One Hundred thousand United States Dollars) without going through a financial institution, which such amount exceeded the amount permitted by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering Act, 2011 (as amended) and punishable under Section 16 (2)(b) Of the same Act.”

Count four reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through a financial institution and made cash payment of the sum of USD100,000.00 (One Hundred thousand United State Dollars) to one Ikechukwu Oguine which sum exceeded the amount permitted by Law and you thereby committed an offence contrary sections 1(a) and 16(1),(d) of the Money Laundering (Prohibition Act, as amended) and punishable under section 16 (2)(b) of the same Act.”

It is recalled that Shasore was last January invited by the anti-graft agency to shed light on his involvement in the Process and Industrial Developments (P&ID) case. The former Lagos attorney-general had represented Nigeria on the P&ID case.

The Federal Government had told a UK court that Shasore colluded with P&ID to pervert justice in the controversial gas supply purchasing agreement (GSPA) contract. Shasore denied the allegation.

The P&ID had won a $9.6 billion judgment against Nigeria in a British court, claiming that it entered a contract to build a gas processing plant in Calabar, Cross River State. The company stated that the deal collapsed because the Federal Government did not fulfil its side of the bargain.

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AGAIN, EFCC TO ARRAIGN SHASORE ON FRESH CHARGES TODAY

These are not the best of times for embattled former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore SAN as he would today be arraigned on fresh charges by the Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada of the Lagos State High Court.

According to a news report, the new charge “essentially borders on the corruption of a public official.”

There are strong indications that Shasore will also face another set of charges at the Federal High Court, Abuja.

Following a CITY LAWYER exclusive report, a four-man team of Senior Advocates battled yesterday to secure bail for Shasore as he was arraigned before Justice Chukwujekwu Aneke of the Federal High Court, Lagos on a four-count charge bordering on money laundering.

Leading the team is respected law reform advocate, Mr. Charles Candide-Johnson SAN. Others in the team were Dr. Muiz Banire SAN, Mr. Segun Ajibola SAN, and Mr. Chijioke Okoli SAN.

Shasore was the Chief Law Officer during the administration of former Lagos State Governor, Mr. Babatunde Fashola SAN.

The matter is filed as Charge No. FHC/L/447C/2022, Federal Republic of Nigeria and Olasupo Shasore, SAN.

CITY LAWYER recalls that the EFCC had filed a four-count charge against Shasore bordering on alleged money laundering among others.

Count one of the charge reads: “That you Olasupo Shasore, S.A.N. on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court induced Olufolakemi Adelore to commit an offence, to wit accepting cash payment of the sum of US100,000.00 (One Hundred Thousand United States Dollars) without going through a financial institution which such exceeded the amount authorised by Law and you thereby committed an offence contrary to section 78(c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 16(6) of the same Act.”

Count two reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court, in a transaction without going through a financial institution, made cash payment of the sum of USD 100,000.00 (One Hundred Thousand United States Dollars) to Olufolakemi Adelore through Auwalu Habu and Wole Aboderin, which sum exceeded the amount permitted by Law and you thereby committed an offence contrary to sections 1(a) and 16(1)(d) the Money Laundering (Prohibition) Act, 2011 (as Amended) and punishable under section 16(2)(b) of the same Act.”

Count three reads: “That you Olasupo Shasore, S.A.N., on or about the 18th November, 2014, in Lagos within the jurisdiction of this honourable Court, induced one Ikechukwu Oguine, to commit an offence, to wit: accepting case payment of the sum of USD100,000.00 (One Hundred thousand United States Dollars) without going through a financial institution, which such amount exceeded the amount permitted by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering Act, 2011 (as amended) and punishable under Section 16 (2)(b) Of the same Act.”

Count four reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through a financial institution and made cash payment of the sum of USD100,000.00 (One Hundred thousand United State Dollars) to one Ikechukwu Oguine which sum exceeded the amount permitted by Law and you thereby committed an offence contrary sections 1(a) and 16(1),(d) of the Money Laundering (Prohibition Act, as amended) and punishable under section 16 (2)(b) of the same Act.”

It is recalled that Shasore was last January invited by the anti-graft agency to shed light on his involvement in the Process and Industrial Developments (P&ID) case. The former Lagos attorney-general had represented Nigeria on the P&ID case.

The Federal Government had told a UK court that Shasore colluded with P&ID to pervert justice in the controversial gas supply purchasing agreement (GSPA) contract. Shasore denied the allegation in an interview.

The P&ID had won a $9.6 billion judgment against Nigeria in a British court, claiming that it entered a contract to build a gas processing plant in Calabar, Cross River State. The company stated that the deal collapsed because the Federal Government did not fulfil its side of the bargain.

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EXCLUSIVE: ARRAIGNMENT – SHASORE HIRES 4 TOP SENIOR ADVOCATES TO BATTLE EFCC

Former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore SAN has hired four leading senior Advocates of Nigeria (SAN) to lead his defence as he is set to be arraigned before Justice Chukwujekwu Aneke of the Federal High Court, Lagos today.

Leading the team is respected law reform advocate, Mr. Charles Candide-Johnson SAN. Others in the crack defence team are Mr. Olawale Akoni SAN, Dr. Muiz Banire SAN, and Mr. Chijioke Okoli SAN.

CITY LAWYER also gathered that another go-to senior lawyer may join and lead the defence team in court today, as Shasore battles to clear his name over a four-count charge levied against him by the Economic and Financial Crimes Commission (EFCC).

Meanwhile, a bail application obtained by CITY LAWYER shows that the legal team for the embattled senior lawyer will be seeking for him to go home on bail on self-recognisance.

Dated 13th October, 2022 and filed the same day, the bail application is seeking “AN ORDER admitting the Applicant to bail on ‘self-recognisance’ and/or on such reasonable and liberal terms as the Honourable Court may determine pending the hearing and determination of this Charge.”

The application is supported by a 20-paragraph affidavit deposed by one Orji Agwu Uka, a legal practitioner and one of the defence lawyers.

The matter is filed as Charge No. FHC/L/447C/2022, Federal Republic of Nigeria and Olasupo Shasore, SAN.

CITY LAWYER recalls that the EFCC had filed a four-count charge against Shasore bordering on alleged money laundering among others.

Count one of the charge reads: “That you Olasupo Shasore, S.A.N. on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court induced Olufolakemi Adelore to commit an offence, to wit accepting cash payment of the sum of US100,000.00 (One Hundred Thousand United States Dollars) without going through a financial institution which such exceeded the amount authorised by Law and you thereby committed an offence contrary to section 78(c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 16(6) of the same Act.”

Count two reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos within the jurisdiction of this Honourable Court, in a transaction without going through a financial institution, made cash payment of the sum of USD 100,000.00 (One Hundred Thousand United States Dollars) to Olufolakemi Adelore through Auwalu Habu and Wole Aboderin, which sum exceeded the amount permitted by Law and you thereby committed an offence contrary to sections 1(a) and 16(1)(d) the Money Laundering (Prohibition) Act, 2011 (as Amended) and punishable under section 16(2)(b) of the same Act.”

Count three reads: “That you Olasupo Shasore, S.A.N., on or about the 18th November, 2014, in Lagos within the jurisdiction of this honourable Court, induced one Ikechukwu Oguine, to commit an offence, to wit: accepting case payment of the sum of USD100,000.00 (One Hundred thousand United States Dollars) without going through a financial institution, which such amount exceeded the amount permitted by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering Act, 2011 (as amended) and punishable under Section 16 (2)(b) Of the same Act.”

Count four reads: “That you Olasupo Shasore, S.A.N on or about the 18th day of November 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through a financial institution and made cash payment of the sum of USD100,000.00 (One Hundred thousand United State Dollars) to one Ikechukwu Oguine which sum exceeded the amount permitted by Law and you thereby committed an offence contrary sections 1(a) and 16(1),(d) of the Money Laundering (Prohibition Act, as amended) and punishable under section 16 (2)(b) of the same Act.”

It is recalled that Shasore was last January invited by the anti-graft agency to shed light on his involvement in the Process and Industrial Developments (P&ID) case. The former Lagos attorney-general had represented Nigeria on the P&ID case.

The Federal Government had told a UK court that Shasore colluded with P&ID to pervert justice in the controversial gas supply purchasing agreement (GSPA) contract. Shasore denied the allegation in an interview.

The P&ID had won a $9.6 billion judgment against Nigeria in a British court, claiming that it entered a contract to build a gas processing plant in Calabar, Cross River State. The company stated that the deal collapsed because the Federal Government did not fulfil its side of the bargain.

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NBA BLASTS EFCC FOR INVASION OF JUDGE’S HOME, WANTS OPERATIVES PUNISHED

The Nigerian Bar Association (NBA) has strongly condemned invasion of the home of Presiding Justice of the Court of Appeal, Kano Division, Justice Ita Mbaba by operatives of the Economic and Financial Crimes Commission (EFCC).

In a statement made available to CITY LAWYER and personally signed by NBA President, Mr. Yakubu Maikyau SAN, the association demanded an apology from the anti-graft agency and punishment for the operatives that carried out the invasion.

According to the statement, “The NBA strongly condemns the intrusion of the residence of His Lordship; it is unwarranted and completely unacceptable. Whilst we do not in any way, oppose and will not stand in the way of the EFCC or any other law enforcement agency in the discharge of its statutory duties, the NBA will lawfully resist any attempt to harass, intimidate or in any way bully our Judges and Justices.

“The timing and manner of the “Property Verification Exercise” leaves much to be desired, to say the least. Such verification could have been done without armed operatives, at a more appropriate time of the day and through a civil process. We are a Country of laws and regulations, and we must show regard for the Rule of Law and due process.

“I therefore call on the EFCC to not only take appropriate disciplinary actions against the concerned officers, but also issue a public apology to His Lordship, the Presiding Justice of the Court of Appeal, Kano Division and the entire judiciary. The NBA will monitor the observance of these demands.”

CITY LAWYER had reported that EFCC operatives stormed the residence of the jurist early today, raising concerns about his safety.

To read the full text of the statement, click here.

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WHY N4BN PIPELINE SURVEILLANCE CONTRACT TO TOMPOLO IS PEANUTS

BY MALCOLM EMOKINIOVO OMIRHOBO

I have read with utmost dismay the resentment of the Amalgamated Arewa Youth Group over the N4bn monthly pipeline surveillance contract awarded to Government Ekpemupolo, aka Tompolo, by the Nigerian National Petroleum Limited, an amount which I consider a peanut in the circumstance .

Today the Northern States of Nigeria are plagued with insecurity , senseless killings, raping, sodomy , extortion , brutalisation and dehumanisation of human beings , wanton destruction of properties , unemployment, famine , terrorism , abject poverty, the menace of Almajiri , the institutionalisation and implementation of the sharia criminal justice system , religious intolerance, fanaticism, extremism and radicalism, child marriage and the millions of Northerns living in Internally displaced persons camps under poor and excruciating conditions . It is unfortunate and regrettable that the Amalgamated Arewa Group Youths have failed, refused and or neglected to address these core and critical issues but instead have choose to concern itself with petty issues like the award of contract in far away Niger Delta .
It is laughable that the Amalgamated Arewa Group Youths who have failed to hand down ultimatum to the fedederal government to fix the insecurity problems in the country , particularly in the North are the ones now giving a seven-day ultimatum to the federal government or its agent (NNPC) to revoke the contract given to Tompolo or be forced to either protest or take legal action.

Imagine the group is calling on President, Major General Muhammadu Buhari (retd.), to sack the Minister of State for Petroleum, Timipre Sylva; and Director, Upstream of the NNPC LTD, Adokiye Tombomelye, for promoting ethnic and regional interest but have failed to call President Buhari to order over his being clannish and a religious bigot . Why are they feigning ignorance of the fact that in the past seven years over ninety percent of top positions in public offices , government agencies , parastatals, juicy appointments , slots and contracts in Nigeria are being occupied, enjoyed and/or assigned to Northerners who are Muslims ? Why are they feigning ignorance of the fact that over eight five percent of the crude oil well situated in the Niger Delta where Tompolo comes from are being owned by Northerners and not one single oil is owned by Tompolo or any Niger Deltan ?

I am not holding Tompolo’s brief but suffice it to say that the man is a Niger Deltan and like every Niger Deltan he deserves the award of the contract in question and even more .

On the issue of black mail , the black mailer here is the federal government and not Tompolo. . We are not foolish, we know that the federal government is using the divide and rule tactics to black mail Tompolo by turning him against his kits and Kins . The federal government of Nigeria is using our sons and brothers for peanuts to protect the pipelines while it is stealing our collective wealth in the Niger Delta at the risk of their lives . Many activist of the Niger Delta extraction christen militants by the federal government who refused to be black mailed were declared fugitives , hunted down like animals , disgraced and killed . If it is possible for the federal government to take Tompolo out of the equation it would have done so long ago but unfortunately it can not hence it has followed wise counsel by play ball with Tompolo.

On the issue of Tompolo being declared wanted by the Economic and Financial Crimes Commission by the current regime of President Buhari, I say it is a pity that these purported group of Northern youths are far behind time and are not in touch with reality . Why I say this is because the case against Tompolo that they are talking about is now res judicata whereas he has being charged to court on a 40 count charge and all the charges dismissed by a court of competent jurisdiction earning him a discharge and acquittal .

It is hypocritical that the Amalgamated Arewa Group Youths sees the award of the contract to Tompolo as reward for criminality, , triumph over our nation’s Armed Forces and over 200 million Nigerians and the abdication of responsibilities without failing to raise same grave concern over Boko Haram , Fulani herdsmen, Iswap, bandits and other terrorist groups of Northern extraction who kill Nigerians and our service men , destroy our properties and facilities and attack our business concerns . The killing of our Brigade of guards , the shooting down of our Aircrafts , the attacks on our Air ports , rail line , correctional center facility and Nigerian Defence Academy without any consequences are still very fresh in our minds .

Nigeria is a great nation with enough for every Nigerian if only the country can be restructured in such away to allow the component parts to manage their human and natural resources while paying tax to the center in Abuja . It is the height of injustice and crime against human for Nigeria to for over five decades tap the crude oil belonging to the people of Niger Delta for the benefit of all Nigerians while leaving them in abject poverty and squalor with polluted environment that is not fit for them to eke out a living as their fishing waters are filled with crude oil killing all the aquatic life therein. It is injustice and inhuman for the Nigerian state to continue to tap the oil and gas of the Niger Delta while preserving the mineral resources of other component parts .

I advise the Amalgamated Arewa Youth Group to stop being devious, myopic , selfish and self centered . The North cannot keep their Gold , Pyrite , Mable ,, Barite , Bauxite , Bentolitic clay , Beryle ,cassitterite cittirite , calcite ,Rutile copper ore, Zinc Ore , zircon , Topaz , flourite Uranium , Gem Stones , Aquamarine , Sapphire , Tourmaline , Amethyst, Quartz ,Agate , Garnet ., graphite and over fifty other solid mineral resources and be crying over the crude oil of the people of the Niger Delta .

It is about time for Nigeria to start tapping the mineral resources in the North and other parts of Nigeria for the benefit of all Nigerians or better still allow the different component parts of Nigeria to manage their mineral resource paying tax to the federal government of Nigeria and as well paying reparation to the people and states of the Niger Delta for having being exploited and cheated for over five decades by the rest of the country.

* Chief Malcolm Omirhobo is a lawyer and activist

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‘IMPUNITY, MY EFCC TRAVAILS AND ROLE AS NBA SPECIAL INVESTIGATOR,’ BY UBANI

KEY NOTE ADDRESS PRESENTED BY CHAIRMAN, NIGERIAN BAR ASSOCIATION SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW (NBA-SPIDEL) AT THE OPENING CEREMONY OF NBA BADAGRY BRANCH LAW WEEK HELD ON 22ND JUNE, 2022.

LAWLESSNESS AND QUEST FOR NATIONHOOD: WHITHER NIGERIA? – My EFCC experience and my task of investigating the invasion of the home of Hon. Justice Mary Odili JSC (Rtd.)

Protocols!

Having suffered military rulership for great number of years after independence, Nigeria under civilian regime is yet to imbibe the basic principles of democracy. Despite returning to democratic governance, rule of law and rights of citizens are still being breached at will and often with impunity.

If the military regimes before our nascent democracy were regarded as bad, our experience under our present democracy is worse than what was obtainable under the military regime.

The signs for such brazen disregard to the rule of law and rights of the citizens were quite early under this present regime of President Muhammadu Buhari. As lawyers we could recall the first NBA conference that took place in Abuja after President Buhari became president in 2015. He came in person with his Attorney General Mr Abubakar Malami SAN and when given the opportunity to speak did not hide his feelings in letting the whole world know the direction of his government whenever the rule of law clashes with an alleged national security.

According to him the rule of law and the rights of the citizens will be subsumed to the notorious national security whose description and meaning are known only to those at the helm of affairs of the State.

To the amazement of some of us in that Hall in Abuja, we were shocked to see some lawyers in the hall gave the President a standing ovation for such a dangerous statement that eventually became the fulcrum of his governance.

Rule of law took a terrible back seat under this present democracy.

It is very painful for me as a person because I was one of those who marketed the candidacy of President Buhari for solid 3 years under several platforms including a well known radio station in Lagos before he was chosen as a candidate of APC in 2014.

The present lack of observance of rule of law and the trampling of the citizens’ rights have taken us several years backwards for a nation that is in quest of nationhood.

We have advanced to nowhere, and even the little progress made by the judiciary during the military regime have been wiped away by the reign of pervasive lawlessness all over the place.

My experience with EFCC under Mr. Ibrahim Magu, then Chairman of the Agency is apposite here.

My patriotic zeal to see that an accused person is given a fair hearing having being accused of taking so much out of the system landed me into efcc cell for 23 days without any trial or conviction. What happened is like those fairy tales you watch in Nollywood. A certain lady who was part of President’s Jonathan’s regime was accused of taken 69 billion and later reduced to 1 billion from the Nigerian Social InvestmentTrust Fund NSITF while she was the Chairman of the Agency. She screamed that she was innocent but was abroad while claiming innocence. She was introduced to me as one seeking for a human rights lawyer for her defence. I convinced her to come back from abroad and she did and I presented her to efcc for inestigation and prosecution. Instead of investigation and prosecution, efcc was interested in intimidation, detention and harassment. Having detained her for 14 days without any charge, I proceeded to court to enforce her fundamental human rights against unlawful detention without a charge. They reluctantly agreed to grant her administrative bail on the grounds that since i was the person that brought her back I was in a better position to stand surety for her temporarily pending her formal arraignment.

I felt obliged to her, having been the one that convinced her to come back to face her trial in Nigeria. Secondly since she was to to be arraigned shortly, my suretyship will be discharged and she will get her reliable surety while I will defend her during the trial.

All these permutations did not materialise as Efcc and Magu had a different sinister agenda. Instead of arraigning her as agreed, the agency was interested in tormenting and engaging in psychological warfare. From December to May no charge until one day I learnt that efcc invaded her home, searched the whole house for a period of 12 hours, harassing and intimidating the woman to confess to a crime that was purely a civil issue and which was not the reason why she came back. The new matter which arose from Enugu was that she borrowed money from a fellow politician who felt that he has long legs with efcc and used them to intimidate the poor lady. When she got a reprieve from the invasion she bolted out of the country back to her base abroad citing the fact that the agency was no longer interested in investigation but to eliminate her. I have no reason to doubt such assertion as their search for 12 hours corrobated that fact.

Having driven her back abroad, Efcc suddenly woke up one day that they were ready to charge her. They demanded her from me as her surety. I made them realise that (1) they were the one that drove her back to abroad without letting me know the reason why they did that (2) the matter for which they came for her was a purely civil case for which they had no reason to meddle into and (3) they had over 5 months to have charged her but was foolishly delaying the charge purely out of malice and sheer intimidation to satisfy their overbloated ego and evil machinations.

Despite what I consider EFCC stupidity, I still went after the woman through INTERPOL and got the woman to be placed on Red Alert, meaning that she can be arrested anywhere she is seen in any of the countries that have mutual covenant on INTERPOL matters with Nigeria.

Having discharged my obligation as a surety to show cause why I cannot be held liable for her disappearance, efcc in their lawlessness and brigandage felt otherwise. I was hurled into their cell for clear 23 days despite a court order obtained on my behalf by my lawyer Chief Mike Ozekhome SAN that I should be charged for offence, if any, or be released from detention.

Notorious with disobedience to lawful court orders, Mr Ibrahim Magu refused to accept the order let alone obey it. Magu in his glory felt that he was above the law especially when he knew that he was kept as Acting Chairman for years despite non-confirmation by the Senate as required by the constitution and Efcc Act. He felt untouchable as he knew his master, the President does not believe in the rule of law and has no respect to the rights of the citizens.

To cut a long story short. After my release I went back to court and sued the Agency for violating my right as a patriotic citizen who did no wrong. Recently the judgement was delivered in which I was awarded the sum of 12 million for the wrongful detention. Up till now the said sum has not been paid but I am believing that the last has not been heard about that case. The day of reckoning is coming especially when a government that respects the rule of law is enthroned.

My second experience with this government which I am asked to share is my investigation of the invasion of the home of Hon Justice Mary Odili, the just Retired Justice of the Supreme Court.
Recall that NBA appointed me as the Sole Special Investigator of that invasion that got the entire nation infuriated because of the brazen manner of the said invasion by alleged security agents of the present government. On October 30, 2021, security operatives made up of soldiers and police officers had stormed the Abuja residence of the Supreme Court Justice over an allegation that illegal activities were going on there.

Hon Justice Mary Odili, a retired Justice of the Supreme Court and a wife of former Rivers State governor had her Abuja residence raided by a team of security agents headed by one Lawrence Ajodo, a fake police officer.
Amid the outrage triggered by the raid on Mrs Odili’s abode in the upscale Maitama area of Abuja , the Supreme Court condemned the incident which it said “depicted a gory picture of war”, *appearing like a mission to kill or maim the jurist”

NBA condemned the brazen raid and appointed me as the SPECIAL INVESTIGATOR to unravel the circumstances that led to the incident and which government officials authorised it.

Even though my report exonerated the government officials for lack of verifiable evidence linking them directly to the invasion, there is an aspect of my findings that were not emphasized and brought to the attention of the members of the public. In that report I said this and I quote ” Persons in the Federal Ministry of Justice have an inkling of the illegal activities of Mr Lawrence Ajodo(the fake policeman) and his collaborators and perhaps they have one way or the other consented or collaborated with him in some of his illegal activities”. I revealed further ” Some persons in the Federal Ministry of Justice may have benefited directly or indirectly from the illegal activities of this syndicate that hangs around the Ministry while using its name to create an official toga in their nefarious activities. The Federal Ministry of Justice officials cannot completely deny that they do not know some members of the syndicate”. However the absence of any shred of documentary or oral evidence linking the culprits exculpated the initial suspects like Abubakar Malami SAN and the Efcc officials. Even if Abubakar Malami SAN was exonerated, the officials of the Ministry were not exculpated. They were implicated by implied evidence generated from my findings.

RECOMMENDATIONS

My Recommendation therein were emphasized. Having interfaced with several persons and institutions in the cause of the elaborate investigation, I came up with some of the recommendations which if applied or enacted into law will go a long way in the administration of criminal justice system in Nigeria.

1. I suggested that substantive and procedural laws with elaborate processes and procedures for the issuance of search warrants, arrest warrants, detention orders, extension of detention orders amongst others be enacted into law for the States and the Federal Government.

2. The independence of the Judiciary should not be a matter for negotiation. It is either we have an independent judiciary or we choose not to have it. The advantages of an independent judiciary cannot be over emphasized. The independence of the Judiciary should not be only on paper but should be practicalised. The administrative, operational and financial autonomy of the judiciary should be total and exhaustive. The Federal and State Government should not be allowed to pay lip service to the independence of the Judiciary and the welfare of the members of the Bench.

3. Government Agencies or Security Agencies that tolerate or harbour criminal gangs, touts, or law-breakers in and around their offices should be made to answer to their illegal activities by being summoned by the various committees that superintend over them in the legislature.

4. Ensuring obedience to Court Orders and respect for the rule of law should remain the eternal pursuit of NBA and other professional bodies until these become principles by which every government in Nigeria should abide.

For me the last recommendation makes the day for me. Obedience to court orders and rule of law should be a directive principle of state policy.
Absence of law is anarchy and no meaningful development will ever take place in Nigeria if the government derives pleasure in encouraging lawlessness and wanton disregard to the rule of law and rights of the citizens.

CONCLUSION

NIGERIA quest for nationhood must be one based on respect to rule of law and enthronement of democratic principles in the polity. As we approach the 2023 General Election, Citizens are urged to participate in the civic responsibility of choosing their leaders who they know will pursue the primary purpose of government which is the protection of lives and property and the provision of welfare services to the entire citizenry. Observance of rule of law and respect to rights of citizens come with good governance. Good governance is a product of good and quality leadership and quality leadership can only be given by leaders carefully chosen by the people who know the antecedent of these leaders before voting them in.

It is a foundational issue. Except the foundation is right, we will continue to doubt the soundness of the building. If the foundation be destroyed what can the righteous do? I am afraid not much!

I want to thank the Chairman, the Executives and the entire members of the Badagry Branch for this great opportunity to share this brief thought on this topical issue in our nation today. I am grateful.

Dr. M. O. Ubani
Chairman, NBA-SPIDEL

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‘YOUR LAW WEEK THEME IS APT,’ TAIDI TELLS NBA IKEJA BRANCH

GOODWILL MESSAGE TO NIGERIAN BAR ASSOCIATION IKEJA BRANCH ON HER 2022 LAW WEEK

It is with great delight that I felicitate with the Chairman, Executive and Planning Committees as well as the entire members of the Nigerian Bar Association Ikeja Branch on her 2022 Law Week with the theme: “2023: Looking Backwards To Move Forward.”

There is a common African saying that “God created eyes in front so we can always look forward rather than backwards.”

However, as the great Chinua Achebe said, “We must know where the rain began to beat us in order to know where we dried our body.” In other words, it is only by examining the past that we are able to take stock and measure our progress in every endeavour.

Therefore, the choice of this theme is remarkably creative and apt and like the roar of a lion, quite a wake up call in view of the approaching general elections scheduled for 2023.

The recent primary elections of the major political parties, which was brazenly “dollarized,” was a huge embarrassment to our democratic journey.

Of great concern is the supervision of these carnivals by various national agencies such as the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices are Other Related Offences Commission (ICPC) and the Department of State Services (DSS) and other similar bodies which have, at their disposal, the facilities and manpower to check these excesses, but chose to look the other way.

It is impossible to make any meaningful progress when we fail to examine the issues that continue to take us backwards in this same journey where other countries with less potentials have recorded tremendous growth.

I challenge all participants at this event to put on their thinking cap and help discover the ways out of our regressive quargmire as a nation.

This indeed will be the greatest gift in our quest for national rebirth.

May we all be counted as part of the solution as we share very meaningful exchanges on this august occasion.

I wish you all a memorable and beneficial law week.

Jonathan Gunu Taidi, Esq.
Candidate for NBA President

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  • EMEKA NWADIOKE
  • Mar 09, 2022
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FEMI FANI-KAYODE AND EFCC’S PROSECUTORIAL POWERS

In this article, AKINTAYO BALOGUN reviews the prosecution of former Aviation Minister Femi Fani-Kayode on allegation of forgery of medical records and argues that the prosecutorial powers of the Economic and Financial Crimes Commission (EFCC) is not at large

On the 17th of December, 2021, the Economic and Financial Crimes Commission arraigned former Aviation Minister, Mr. Femi Fani-Kayode before Honourable Justice Abike-Fadipe following his alleged use of forged medical report(s), which had been earlier tendered before Honourable Justice Daniel Osiagor of the Federal High Court, sitting in Ikoyi, Lagos, where Mr. Fani is being prosecuted by the EFCC for an alleged N4.9 billion fraud. Mr. Fani-Kayode appeared before an Ikeja Special Offences Court on a 12-count charge which includes procuring the execution of documents by false pretenses, use of false documents, fabricating evidence, and use of fabricated evidence, which is contrary to Section 88(1), 365(3), 366 and 369 of the Criminal Law of Lagos State 2015. According to the EFCC, the former aviation minister, through one Ogieva Oziegbe, procured fake medical reports on various occasions to avoid attending his trial at the Lagos Division of the Federal High Court. It was alleged that the former minister had procured the false medical reports on January 31, 2018; May 30, 2019; November 24, 2020; March 23 and October 11, 2021. The Economic and Financial Crimes Commission has since commenced trial on the charges as brought before the court and has called witnesses to prove its case against the former minister.

However, a point of curiosity is as to whether the EFCC is the right organ of government to prosecute a charge that borders on the forgery of medical reports. EFCC probably has successfully done it in the past but the EFCC should understand that their prosecutory powers are not at large. The Supreme Court has made pronouncements on this issue and it is of importance and necessity that the institution abides by the decision of the Supreme Court to avoid an effort that would most likely end in futility if it progresses as it is. This write-up piece does not concern itself as to the propriety of the charge but as to whether the EFCC is the right organ of government to proceed with the prosecution of the charge.

In discussing this issue, heavy reliance is placed on the recent decision of the Supreme Court, delivered on Monday the 20th day of December 2021 in SC/CR/161/2020 between Dr. Joseph Nwobike SAN and the Federal Republic of Nigeria. This judgment in my view should have been a guide in the prosecution of any further charge by the EFCC. In that decision, the Appellant’s Counsel had submitted that the Counts 7, 8, 9, 10, 11, 13, 15, 16, and 17 contained in the charge, which bordered on an attempt to pervert the course of justice, relates to a non-financial crime, for which the EFCC has no power to investigate and prosecute. The Appellant’s Counsel also referred to Sections 6, 7, 14 – 18, and 46 of the EFCC Establishment Act which specifically enumerates the extent of powers of the EFCC. The Appellant contended that where a statutory body acts outside the law setting it up or conferring powers on it, such act, irrespective of the objective, will amount to a nullity, relying on the authorities of Knight Frank & Rutley (Nig.) Limited & Anor. V. A.G. Kano State [1998] 4 SC. 251 at 261 – 262 and Nyame V. FRN [2010] 7 NWLR (Pt. 1193) 344 at 403.

Furthermore, the Appellant’s Counsel argued while relying on Emmanuel Ahmed V. FRN [2009] 13 NWLR (Pt. 1159) 536 at 551 – 552, to emphasize the point that the Economic and Financial Crimes Commission can only investigate and prosecute offences relating to economic and financial crimes.

In agreeing in toto with the submission of Appellant’s Counsel, the Supreme Court held thus:

The result, in my view, therefore, is that the Appellant has discharged the burden of showing that the definition of “economic and financial crime” in section 46 of the EFCC (Establishment) Act admits of intention to apply the ejusdem generis rule, as only by so doing can we give effect to the meaning of “any form of corrupt malpractices” in the context of economic and financial crime. Accordingly, I am unable to accept, the submissions of learned Counsel for the Respondent that the offence of attempting to pervert the course of justice under section 97(3) of the Criminal Law of Lagos State No.11 of 2011 is an economic and financial crime, which the EFCC is empowered to investigate and prosecute. Consequently, Counts 7 – 11, 13, 15 – 17 of the Amended Information have no foundation, and since the aforesaid counts are the only ones upon which the Appellant was convicted and sentenced, it follows therefore that the case of the prosecution was not erected on any pedestal whatsoever, it did not come before the Court initiated by due process of law; the trial court therefore lacked jurisdiction and ought to have declined jurisdiction. The law is well settled that, where a Court of law deals with a matter without jurisdiction, so doing amounts to embarking on a worthless exercise because no matter how brilliantly well the case is conducted it will be a complete nullity. It is the law that an order of Court made without jurisdiction is a nullity. See: ODOFIN VS AGU (1992) NWLR (Pt.229) 350: NIDOCCO LTD. VS GBAJABIAMILA (2013) 14 NWLR (Pt.1374) 350; EKPENYONG VS NYONG (1972) 2 SC (REPRINT) 65 @ 73 – 74 Lines 40 – 45. In the circumstance therefore, this issue is resolved in favor of the Appellant against the Respondent.

It was on this holding that the conviction which had been earlier delivered by the trial court and upheld by the Appeal court was upturned in favour of the Appellant. Note that the Supreme Court didn’t find the Appellant guilty or not guilty of the act he was convicted of, but because the prosecution of the charge against the Appellant was done by the wrong institution, the entire process leading to the conviction of the Appellant was declared a nullity.

Now relating this position to the case currently being prosecuted by the EFCC against Mr. Fani Kayode. The questions begging for answers are; does the EFCC have the power to prosecute the forgery of medical reports? Does forgery of medical reports fall under financial crime? Definitely not in both cases. They are offences that do not relate directly to any economic and financial crimes no matter how you try to connect them to other facts.

With a judgment still fresh at hand like this, I am still wondering why the EFCC is still proceeding with the prosecution of Mr. Fani Kayode by themselves. The EFCC, most respectfully, are towing the same path and might collide with the same doom if they do not take the right steps at this nascent stage. The action might succeed all the way to the Supreme Court, but with the utmost respect, the Supreme Court of late seems to look for the slightest procedural flaw in an Appeal to nullify an entire proceeding. I still do not understand the principle that the era of technical justice has long gone. It appears to my mind that we are very much at the heart of these technicalities in the dispensation of justice. This instant charge may also fall victim to this procedural flaw and render the entire charge a nullity if the right thing is not done now and immediately. It is a jurisdictional issue that can be raised at any time even at the Supreme Court for the first time as was done in the case referred to above.

To save itself the trouble of trying to justify an encompassing Section 46 of the EFCC Act, like it did try to do in the case of Nwobike v FRN, the prosecution of the charge can be carried out by the right organ of government empowered to do such, but as long as a particular organ of prosecution believes it can veto its way through every criminal charge, we will continue to see ourselves losing justice on the altar of such avoidable and unfortunate technicalities. There is nothing conferring powers on the EFCC to prosecute an offence that relates to forgery of medical records, most especially as it does not directly constitute a financial crime. The alleged forgery was not done in an attempt to swindle or get financial gains. It was allegedly done by an accused person who was avoiding an appearance in court.

The EFCC should have just concentrated on their prosecution of the alleged N4.9 billion fraud and left out the prosecution of the charge to the office of the Attorney General or the Police or any other relevant agency. If it continues with this, in the nearest future, the commission will find itself dissipating energy on defending whether or not it has the powers to prosecute this charge against an accused person rather than dissipating energy into defending the substance of the charge and getting justice. It would merely be another case of justice sacrificed on the altar of procedural or technical flaw.

Akintayo Balogun is an Abuja based legal practitioner. akinson6@gmail.com.

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  • EMEKA NWADIOKE
  • Feb 23, 2022
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NBA LAGOS CONFIRMS EFCC PROBE OF PAST REGIME

The leadership of the Nigerian Bar Association (NBA), Lagos Branch has confirmed CITY LAWYER exclusive report that the immediate past branch administration is being investigated by the Economic and Financial Crimes Commission (EFCC).

CITY LAWYER had reported that the anti-graft agency had launched an unprecedented probe into the activities of the immediate past branch administration headed by senior lawyer, Mr. Yemi Akangbe.

Unimpeachable sources also told CITY LAWYER that three of the branch executives including the Branch Chairman, Mr. Ikechukwu Uwanna; Secretary, Ms. Nta Ekpiken and Treasurer, Mrs. Carol Obi had been grilled by EFCC operatives who demanded documentation on the previous regime’s activities following an anonymous petition against the administration.

Confirming the probe in a statement, Uwanna stated that the branch Executive Committee “is aware of an ongoing investigation by the EFCC regarding alleged procurement irregularities by the immediate past Branch Administration based on an anonymous petition.”

He also confirmed that the anti-graft agency had demanded documents relating to some transactions by the previous administration, saying: “Upon the EFCC’s request, we have made the records regarding all relevant procurement issues available to the EFCC.” He added that “We will continue to update members as events unfold.”

In a dramatic twist, the statement however described the CITY LAWYER report as “sensational,” adding that “the headline of the news report is misleading and casts aspersions on the image of the NBA Lagos Branch – an image that many have laboured so hard to build for over 60 years.”

A source within the Branch Executive Committee told CITY LAWYER that the grouse of the branch was that the report allegedly drew the current branch leadership into the debacle instead of singling out the immediate past regime as the administration on which EFCC’s searchlight is being beamed.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Feb 20, 2022
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EFCC PROBES NBA LAGOS BRANCH, GRILLS CHAIR, CONTRACTOR

The Economic and Financial Crimes Commission (EFCC) has launched a massive probe into the activities of the Nigerian Bar Association (NBA) Lagos Branch, CITY LAWYER can exclusively report.

A source who is familiar with the unprecedented probe of Nigeria’s “Premier Bar” told CITY LAWYER that the focus of the extensive investigation is on the contracts and financial dealings of the immediate past branch administration.

Impeccable sources told CITY LAWYER that the current Branch Chairman, Secretary and Treasurer have been grilled by the anti-graft agency “following an anonymous petition against the immediate past administration of the branch.” The source said that the officers were interrogated by EFCC operatives and told to provide documentation on the transactions on which the anti-graft agency is beaming its searchlight.

A source also told CITY LAWYER that Fresible Company Limited, the branch ICT service provider has also been interrogated by EFCC operatives.

The source said that the anti-graft agency is putting a searchlight especially on contracts for the branch Bar Centre project as well as payments for website development, branch bus purchase and hybrid monthly meetings among others.

According to an Executive Committee member of the immediate past administration, “No expense was approved by the Executive Committee. The procurement process was non-existent, as there was hardly any bidding for the contracts. There were no memos for expenditures. There were issues of conflict of interest in some of the contracts. There were no checks and balances. Can you imagine that N150 million was paid for the Bar Centre project without any EXCO meeting held to discuss the contract and on the ground only that it was approved by the Building Committee. Barely two weeks to the end of our tenure, another N50 million was paid on the excuse that the ‘payment is due.’ The Branch domain name renewal was effected every 6 months instead of the standard one-year renewal period. A last-minute hefty N150,000 was paid for HD presentation on the Bar Centre project.”

Speaking on the branch accounts for the year-ended May 31, 2021, its auditors, Messrs Olu Aladejebi & Co. (Chartered Accountants) wrote: “We observed that some memos that was (sic) raised/written were having the authorized persons’ on them but were not signed especially the ones for the (Bar Centre) construction.”

It also stated that “At the close of business as at May 31st 2021, the branch’s cash and cash equivalent stood at ₦220,420,065. This shows a decrease of ₦145,599,135 from last year’s figure, which is a 40% decrease over last year’s result of ₦366,019,200. This is as a result of on going construction work on Bar Centre building at Lekki.”

But another ranking Executive Committee member in the immediate past administration dismissed the probe as futile, saying that nothing would come out of it. He told CITY LAWYER that there were “no suspicious financial dealings” during their tenure, adding that payments on the Bar Centre were approved by the Building Committee chaired by Dr. Wale Babalakin SAN. He argued that it was not the role of the Executive Committee to oversight standing committees, adding that such committees had their terms of reference approved by the general meeting and also made periodic reports to the general meeting.

He dismissed alleged financial infractions relating to the website development and virtual meetings, stating that such matters were handled by the ICT Committee. He noted that all financial queries raised by members at general meetings were satisfactorily resolved, adding that while the new branch bus had “fixing” challenges, a committee was set up to resolve the debacle.

On the departure of then Legal Adviser, Mr. Harry Ukaejiofor from the Executive Committee WhatsApp platform, he argued that it was based on an attempt to “overreach himself” than a principled and persistent disagreement over the financial dealings and procedural safeguards.

While the probe is being discussed in hushed tones among a few of the branch members who have become aware of the petition, the immediate past Branch Chairman, Mr. Yemi Akangbe is yet to speak on the matter.

NBA LAGOS AGM ANNUAL REPORT

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  • EMEKA NWADIOKE
  • Nov 24, 2021
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  • Comments Off on ‘WE SHALL MEET IN COURT,’ EFCC DARES NBA ON MAKURDI CHAIR ASSAULT

‘WE SHALL MEET IN COURT,’ EFCC DARES NBA ON MAKURDI CHAIR ASSAULT

The Economic and Financial Crimes Commission (EFCC) has declared its readiness to meet the Nigerian Bar Association (NBA) in court over alleged assault on its Makurdi Branch Chairman, Mr. Justin Gbagir by EFCC operatives.

Following a Pre-Action Notice by Mr. T. D. Pepe SAN on behalf of Gbagir, the EFCC stated that there were “absolute misrepresentation of facts” in the Pre-Action Notice, adding: “We shall however for now reserve the correct and accurate articulation and presentation of the facts of what transpired till the appropriate time, that is when we meet in Court as threatened in your said Letter.”

Below is the full text of the update made available to CITY LAWYER.

UPDATE ON ASSAULT ON ME BY EFCC ON THE 8/6/2021.

I was brutally assaulted by the operatives of the EFCC in their Makurdi Office on the 8/6/2021.

I usually give updates monthly on things that transpired during the months.

This month, my update will be in the following:

1. Interface with the EFCC
2. My Health Condition
3. Legal Actions

1. INTERFACE WITH EFCC.
The interface with EFCC has not yielded any positive result. It is obvious that when the NBA President reached out to the EFCC Chairman, the later promised to carry out investigation into what happened and bring the perpetrators to book as a bargaining chip and to cook up a defence.

EFCC Letter dated 9/9/2021 with Reference No. EFCC/LEGAL/DOLD/VOL.6/027 which is a reply to a Letter written by T.D Pepe, SAN as a preaction notice in my behalf and other lawyers Who were defamed by Reference to them as thugs, EFCC has this to say:
“Please be informed that there was absolute misrepresentation of facts in your said Letter regarding what transpired between your clients and officers of the Commission on the said 8th June, 2021. We shall however for now reserve the correct and accurate articulation and presentation of the facts of what transpired till the appropriate time, that is when we meet in Court as threatened in your said Letter”.

The question is whether the said ‘accurate’ facts are different from the statement issued by the Commission on the 9/6/2021 barely 24 hours after the incidence.

2. MY HEALTH CONDITION
I attended check up at the hospital where I had surgery on the 20 and 21 October, 2021. I was given eye drops to use for 3 months and to go back for check up in April, 2022. New Eye Glasses were also recommended for me. I can see clearly with the eye except that tears occasionally formed in the eye, especially when I over stress it.

3. LEGAL ACTIONS
I have collected all the Medical Reports from the hospitals I attended and other documents necessary for filing the suits.
I hope to turn in the documents to the lawyers this week and the suits will be filed in the nearest future.

Thank you all and God bless.

Justin Gbagir, Esq.
NBA Chairman, Makurdi Branch

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Oct 08, 2021
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NBA TO SUE EFCC FOR ASSAULT ON LAWYER

Barring any last-minute agreement, the Nigerian Bar Association (NBA) has resolved to file at least two lawsuits against the Economic and Financial Crimes Commission (EFCC) for the alleged assault on its Makurdi Branch Chairman, Mr. Justin Gbagir.

Fiery human rights lawyer and Chairman of the NBA Human Rights Committee, Chief Mike Ozekhome SAN has been directed by NBA President, Mr. Olumide Akpata to file the main lawsuit seeking redress for the alleged assault on Gbagir by EFCC operatives at their Makurdi Office.

According to a statement made available to CITY LAWYER by the victim, “The first suit is for the assault. The NBA has briefed Chief Mike Ozekhome SAN who is the Chairman of NBA Human Rights Committee to file the suit. I have had two interviews with Chief Ozekhome SAN and lawyers in his office and I am currently putting together my documents including medical records to enable them proceed.”

Gbagir also said that he had undergone eye surgery to correct the injury inflicted on him by the EFCC operatives, adding that “I can now see clearly with the eye except the occasional pains I experience.”

Below is the full text of the statement.

UPDATE ON ASSAULT ON ME BY OPERATIVES OF THE EFCC ON THE 8/6/2021.

On the 8/6/2021, the operatives of the EFCC assaulted me in their Makurdi Zonal office in the presence of the Benue State Attorney General and Commissioner of Justice, the Solicitor General and Permanent Secretary, Ministry of Justice, Director of Public Prosecution and other lawyers.

On the 8/7/2021, 8/8/2021 respectively, I gave updates of what transpired during the intervening periods. On the 8/9/2021 however, I was preparing for an Eye Surgery and there was also not much to update on.

Today been 4 months since the assault, I wish to give an update regarding the following:
1. Engagement with the EFCC
2. Legal Actions
3. My Health Condition

1. ENGAGEMENT WITH THE EFCC

The NBA President has been engaging with the EFCC Chairman on the issue with a view to finding an amicable settlement. The EFCC Chairman has consistently maintained that since the operatives in Makurdi have denied assaulting me, there is nothing he can do.

At one of the meeting with the NBA President, the EFCC Chairman suggested that they will have to subject me, the AG, and other lawyers who were present when the assault took place to a polygraph test to determine who is telling the truth.

When the NBA President related this to me, I consulted with the AG and other lawyers who were present when the assault took place and we vehemently refused to submit to the said polygraph test.

Our reasons for the refusal were:
a) The said polygraph test is to be conducted by the same EFCC who carried the assault.

b) The same EFCC had issued a press statement on the 9/6/2021 denying that I was assaulted and alleging that I hired thugs to release suspects in their custody.

c) EFCC sent the Director of Internal Affairs who came to Makurdi to allegedly investigate the matter and took my written statement. Result of that investigation is not made available to us.

d) The EFCC Chairman who visited Makurdi on the 15/7/2021 and had interface with me and the AG clearly adopted the position of the Commission as contained in the EFCC press statement of 9/6/2021.

Our conclusion there is that the EFCC has not given us any reason to trust them but to feel that consistently, they are doing everything to support the position they took in their press statement of 9/6/2021.

We have decided therefore to approach the courts to seek redress.

THE COURT ACTIONS.

We have decided in the meantime to file two suits against the EFCC with a possibility of more.

The first suit is for the assault. The NBA has briefed Chief Mike Ozekhome SAN who is the Chairman of NBA Human Rights Committee to file the suit. I have had two interviews with Chief Ozekhome SAN and lawyers in his office and I am currently putting together my documents including medical records to enable them proceed.

The second suit is for defamation of myself and the other lawyers EFCC referred to as thugs in their press statement of 9/6/2021 and the defamation contained in their press statement of 15/8/2021. The suit is been handled by a Legal Team put together by NBA Makurdi Branch headed by T.D Pepe, SAN. A letter of Demand has already been served on the EFCC. They have not responded till date. Paperwork is currently ongoing and the suit will be filled soon.

CONDITION OF MY HEALTH

On the 15/9/2021, I had a successful Eye Surgery in Abuja and I am currently recuperating in Makurdi. I am scheduled for a check up on the 13/10/2021.

I can now see clearly with the eye except the occasional pains I experience.

CONCLUSION

I wish to thank the NBA President and the entire Bar for standing by me in this travail, Chief Ozekhome SAN, T.D Pepe SAN and all the lawyers working on the cases. I also thank those who have supported me financially to foot the bills and take care of my needs during this trying period I am not productive

Thank you and God bless us all.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

  • EMEKA NWADIOKE
  • Aug 14, 2021
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NBA CHIEF LIED AGAINST OUR CHAIRMAN, SAYS EFCC

The Economic and Financial Crimes Commission (EFCC) has debunked an allegation by the embattled Chairman of the Nigerian Bar Association (NBA), Makurdi Branch, Mr. Justin Gbagir that EFCC Chairman, Mr. Abdulrasheed Bawa boasted that he would use his purported leverage with the judiciary to torpedo any lawsuit by the NBA chieftain.

According to a statement by the commission, “At no time during the encounter was there reference to judges and their soft spot or the lack of it, for the EFCC boss and the Commission.”

It is recalled that CITY LAWYER had reported that Bawa met recently with Gbagir to explore an amicable resolution of the furore that arose after the NBA chieftain was allegedly battered by EFCC operatives at their Makurdi Office.

Giving an update on the meeting, Gbagir, in a statement he made available to CITY LAWYER, stated that Bawa said “That the operatives have also written their statement denying my allegations that I was assaulted and even if we decide to go to court, it will be our words against theirs. In any case, he has good working relationship with judges.” The allegation was highlighted by a news blog (not CITY LAWYER).

The full statement by the EFCC is below.

Judges: Makurdi NBA Chairman’s Statement Against EFCC, Not True
The attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to a report captioned: Even If you Go to Court… I have a Good Working relationship with Judges, attributed to the Benue Chairman of the Nigerian Bar Association, NBA, Justin Gbagir and which was published in the online media on Monday August 9, 2021.

The Commission wishes to state that the comment ascribed to the Executive Chairman, Mr. Abdulrasheed Bawa, is patently false and should be discountenanced.

It is regrettable that a compassionate gesture by the Executive Chairman in meeting with Gbagir over an alleged incident involving him and some officers of the Makurdi Zonal Command of the Commission has degenerated into a weapon of blackmail.

As a responsible leader, one with a disdain for injustice of any kind, Mr. Bawa met Gbagir to give him fair hearing and explore avenues to address his complaints, where they were meritorious. At no time during the encounter was there reference to judges and their soft spot or the lack of it, for the EFCC boss and the Commission.

As a law enforcement officer with over 16 years cognate experience before assuming the office of the Executive Chairman, Mr. Bawa is conversant with the impartiality and independence of the judiciary and could not have made the flippant statement ascribed to him.

To have invented such a remark and ascribed it to the EFCC chair is not only disingenuous but grossly irresponsible.

Media & Publicity
13 August, 2021

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Aug 08, 2021
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  • Comments Off on NBA MAKURDI ASSAULT: AT LAST, EFCC CHAIR MEETS VICTIM, APOLOGIZES

NBA MAKURDI ASSAULT: AT LAST, EFCC CHAIR MEETS VICTIM, APOLOGIZES

• DEFLECTS DEMAND TO SACK CULPRITS
• AKPATA TO STORM MAKURDI TO PLOT NEXT STEPS
• GBAGIR SET FOR SURGERY TO SAVE SIGHT

The Chairman of Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa has finally met with the Nigerian Bar Association (NBA), Makurdi Branch Chairman, Mr. Justin Gbagir who was allegedly assaulted by EFCC operatives.

Gbagir was reportedly manhandled by EFCC operatives and bundled out of their Makurdi office when he went there to represent his client. NBA President, Mr. Olumide Akpata had in a strongly worded letter to the EFCC Chairman dated June 10, 2021 warned that “The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties.”

In his latest update on his travails made available exclusively to CITY LAWYER, Gbagir said that he held a meeting with the EFCC Chairman on July 15, 2021 alongside the Benue State Attorney General, Mr. Michael Gusa.

His words: “At the meeting, the Chairman asked the AG what happened on the 8/6/2021. The AG recounted what happened that day and confirmed that I was assaulted in his presence.

“The Chairman who initially indicated there was no need for me to speak later allowed me to speak and I also recounted the events that led to the assault.

“The Chairman who did not call the Zonal Head of the Makurdi Office or any officer of the Zonal Office to the meeting proceeded to ask me what I wanted to be done.”

The NBA Chairman stated that Abdulrasheed deflected all the demands presented to him, saying that from their investigation, the operatives in Makurdi denied assaulting Gbagir.

On the demand that those found culpable in the assault saga should be dismissed by the commission, Gbagir said this was turned down by the EFCC Chairman who stated “That the Head of the Makurdi Office, Mr Kazeem Oseni and himself were recruited into the Commission the same day. That while he served in the Port Harcourt and Lagos offices of the Commission respectively, the said Kazeem Oseni was directly reporting to him. That we cannot expect him to dismiss Kazeem Oseni who has put in 17 years of service.”

According to Gbagir, the EFCC Chairman said “That he decided to come to Makurdi personally to meet with us in order to ensure cordial human relationship going forward. That his personal visit and apology should suffice.”

Abdulrasheed is yet to speak on what transpired during the meeting.

CITY LAWYER had reported that Abdulrasheed had shunned an earlier scheduled meeting with the victim in Makurdi.

Below is the full text of Gbagir’s update.

UPDATE ON THE ASSAULT ON JUSTIN GBAGIR, ESQ., CHAIRMAN, NIGERIAN BAR ASSOCIATION, MAKURDI BRANCH BY OPERATIVES OF THE EFCC ON THE 8TH JUNE, 2021.

INTRODUCTION

On the 8/6/2021, operatives of the EFCC brutally assaulted me at the Makurdi Zonal Office of the Commission.

Today mark two months since the unfortunate incidence. On the 8/7/2021, I gave an update to mark one month anniversary of the assault. Today’s update is to mark two months anniversary of the assault.

The update shall be segmented into 3 sections, namely:

1. Meeting with the EFCC Chairman
2. The Position of the Bar
3. My Health Condition

MEETING WITH THE EFCC CHAIRMAN

On the 15/7/2021, the Benue State Attorney General, Michael Gusa, Esq and myself met with the EFCC Chairman at the Zonal Office of the Commission in Makurdi.

At the meeting, the Chairman asked the AG what happened on the 8/6/2021. The AG recounted what happened that day and confirmed that I was assaulted in his presence.

The Chairman who initially indicated there was no need for me to speak later allowed me to speak and I also recounted the events that led to the assault.

The Chairman who did not call the Zonal Head of the Makurdi Office or any officer of the Zonal Office to the meeting proceeded to ask me what I wanted to be done.

I told the Chairman that before coming to the meeting, I consulted with the Makurdi Branch legal team and other stakeholders and our demand were that:

1. The Zonal Head of the Commission’s Office in Makurdi be dismissed or voluntarily retired since he did not represent a good image of the Commission, and that all the operatives that took part in the assault should be identified and appropriate punitive measures served.

2. That the Commission shall take full responsibility of my medical bills and pay adequate compensation for the injury caused me especially my eye.

3. That the Commission shall retract their defamatory publication of 9/6/2021 wherein they alleged I was the one that went to their office with hired thugs to forcefully release someone in their custody, among other unsubstantiated allegations, and adequate compensation paid to me and the other lawyers who were referred to as thugs.

In his response, the EFCC Chairman stated as follows:

a) That from their investigation, the operative in Makurdi denied assaulting me.

b) That they have never had a case of EFCC operatives beating anybody in any of their offices.

c) That the Head of the Makurdi Office, Mr Kazeem Oseni and himself were recruited into the Commission the same day. That while he served in the Port Harcourt and Lagos offices of the Commission respectively, the said Kazeem Oseni was directly reporting to him. That we cannot expect him to dismiss Kazeem Oseni who has put in 17 years of service.

d) That my been in the hospital could have been for any other reason and the problem with my eye could also have been caused by any other thing.

e) That the operatives have also written their statement denying my allegations that I was assaulted and even if we decide to go to court, it will be our words against theirs. In any case, he has good working relationship with judges.

f) That there is no evedence (sic) for him to take any punitive measures against Kazeem Oseni and the other operatives.

g) That he could have sat in Abuja and ordered us to go to Abuja, or better still acted on their investigative Report and closed the case that there was no assault on me.

h) That he decided to come to Makurdi personally to meet with us in order to ensure cordial human relationship going forward. That his personal visit and apology should suffice.

i) That he cannot raise any memo to raise funds for any compensation or damages.

j) That he can pay for my further medical attention in an eye clinic in Abuja and on a personal level he can find a token for me.

k) That he could choose to report me to NJC (sic) as the one causing trouble for disciplinary action.

From every indication, the Chairman adopted the position in their press release of 9/6/2021.

After the meeting, I did a brief to the President of NBA, Mr Olumide Akpata.

2. POSITION OF THE BAR

On Monday, 26/7/2021 and Friday, 30/7/2021, I held meetings with the NBA President in Abuja to further briefed him and the President indicated to visit Makurdi Branch with some National Officials of the Bar and together with the elders and members of the Makurdi Branch, they will agree on the next line of action.

The NBA President is currently making travel plans to Makurdi in this regard.

3. MY HEALTH CONDITION

From the last update to today, the condition of my left eye has continued to worsen.

On medical advice, I attended a specialized eye hospital in Abuja on the 27 and 28 July, 2021 and after a thorough and intensive examination for two days, a surgery was recommended as the best curative measure.

It was recommended that the lens of my left eye which is damaged will be replaced with an artificial lens.

The cumulative cost for the surgery, at least 35 days accommodation in Abuja, feeding, transportation and other sundry expenses is approximately put at about N2 Million Naira.

Considering that the condition of the eye is worsening each day that passes by and the need to get the surgery done so as to enable me use my sight for my daily activities, I am hoping that with resources available, I will perform the surgery within the month of August, 2021 so that I will use the period of the court vacation to recuperate.

CONCLUSION

I appreciate all those who have reached out to me to sympathize with me over this incidence. I count on your continued support to surmount all the challenges facing me during this trying moment.

Thank you all and God Bless.

Justin Gbagir, Esq.
Chairman
NBA Makurdi Branch
8/8/2021

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jul 16, 2021
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  • Comments Off on N1.4BN FRAUD CHARGE: COURTS ACQUITS USORO

N1.4BN FRAUD CHARGE: COURTS ACQUITS USORO

A Federal High Court sitting in Lagos State has discharged and acquitted the immediate past President of the Nigerian Bar Association (NBA), Mr. Paul Usoro SAN.

Usoro had been standing trial on 10 counts of fraud and money laundering made against him by the Economic and Financial Crimes Commission (EFCC).

He had pleaded not guilty to the offence and made a no-case submission, insisting that the anti-graft agency had made no case against him to warrant him to enter a defence.

In his decision on the no-case submission today, trial judge, Justice Rilwan Aikawa held that the anti-graft agency failed to establish any prima facie case against Usoro.

Justice Aikawa noted that the penal code, under which the former NBA President was charged, is not applicable to the southern states of Lagos and Akwa Ibom, which were said to be the locations of the alleged offences.

“On the whole, I hold that the prosecution has failed to establish any prima facie case. Accordingly, the defendant is hereby discharged and acquitted,” Justice Aikawa held.

The EFCC had arraigned Usoro on December 18, 2018, before Justice Muslim Hassan on 10 counts, all of which he pleaded not guilty to.

He was subsequently re-arraigned before Justice Aikawa on charges which alleged that he committed the offence on May 14, 2016.

He was alleged to have conspired to convert the sum of N1.4 billion, property of Akwa Ibom State Government, which the court says he ought to have known was part of the proceeds of an unlawful activity

In his testimony before the court, an EFCC investigating officer Abdulrahman Arabo, said that the Akwa Ibom State Governor, Udom Emmanuel, hired Usoro who, in turn, invited other SANs to join him at the Election Tribunal where his victory was being challenged in 2015.

The EFFC witness also testified that the sum of N1.4 billion legal fee paid to the SANs was drawn from the treasury of the Akwa Ibom State’s account.

Usoro vigorously denied the allegations. On February 25, the former NBA President had filed a no case submission where his counsel, Effiong O. Effiong SAN submitted that the EFCC called only two witnesses and closed its case because, according to him, it knew it didn’t have any case against the defendants. He asked the court to allow the no-case submission.

But the EFCC opposed his application and asked the court to dismiss the no-case submission, citing the “overwhelming evidence” it said it had adduced and exhibits admitted in evidence. It also asked the court to order the defendant to enter his defence.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jul 14, 2021
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  • Comments Off on MAKURDI ASSAULT: EFCC CHAIR SHUNS PARLEY, NBA MAY SUE

MAKURDI ASSAULT: EFCC CHAIR SHUNS PARLEY, NBA MAY SUE

  • GBAGIR BRIEFS AKPATA

  • NBA MAY SUE EFCC

The Chairman of Economic and Financial Crimes Commission, Mr. Abdulrasheed Bawa has boycotted a meeting initiated by the commission to resolve the furore over alleged assault on Nigerian Bar Association (NBA), Makurdi Branch Chairman, Mr. Justin Gbagir.

In an “update” on the assault made available to CITY LAWYER by Gbagir, he stated that though Benue State Attorney-General and Commissioner for Justice of Benue State, Mr. Michael Gusa had contacted him to intimate him of a plan by the EFCC helmsman to meet him and the Attorney-General in Makurdi, Bawa never showed up for the meeting as scheduled. His words: “As at the time of going to press around 10pm of 8th July, 2021, I am not aware that the EFCC Chairman has come to Makurdi as hitherto promised.”

Indicating that he has briefed NBA President, Mr. Olumide Akpata on the development, Gbagir called on “all those who were willing to offer one form of support for this course in one way or the other that the time is now. We cannot move with EFCC at their own space (sic) and convenience.”

CITY LAWYER gathered that barring last-minute rapprochement, Gbagir may in collaboration with the NBA soon press charges against the EFCC operatives.

The full text of the update is below.

UPDATE ON THE ASSAULTS ON THE NBA CHAIRMAN, MAKURDI BRANCH JUSTIN GBAGIR, ESQ. BY THE OPERATIVES OF THE ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) ON THE 8TH JUNE, 2021
On the 8th June, 2021, I was brutally assaulted by the operatives of the Economic and Financial Crimes Commission (EFCC) at their Zonal Office in Makurdi, Benue State. In the early hours of 9th June, 2021, I made a report to the President of Nigerian Bar Association (NBA), Mr Olumide Akpata from my hospital bed at the Benue State University Teaching Hospital, Makurdi and made the said report available on some social media platforms.

The NBA President immediately reach out to the Chairman of EFCC who promised to send a special investigator from Abuja to Makurdi for an investigation with a further commitment to ensure that the perpetrators of the dastardly act are brought to book and adequately punished. While the President was awaiting the outcome of the investigation, EFCC through Wilson Uwujaren, Head, Media and Publicity issued a statement denying the assault on me and further alleged that I was the aggressor who “led a gang of thugs to breach the security of the Makurdi office of the EFCC in an attempt to forcibly set free a suspect under interrogation by the EFCC”. The statement further accused me of “resorting to social media blackmail, posing in hospital bed and concocting a fantastic story of an imaginary assault by the EFCC.” The statement also alleged that my action was “indecorous and unbecoming of the leader of the bar” and that I “demonstrated embarrassing insensitivity to the delicate security situation of the state, and should be remorseful for my misguided action and not spew untruths in pliable sections of the media.”

Sequel to the said press release by the spoke person of the EFCC, Dr. Rapulu Nduka, Publicity Secretary of NBA issued a statement on behalf of the NBA President and the entire Bar wherein he stated the resolve of the Nigerian Bar Association to get to the root of the matter and ensure that the officers behind such brazen acts of inhumanity are brought to justice and that abhorrent acts do not reoccur.

The President of NBA, Mr Olumide Akpata in a letter to the Chairman of the EFCC dated 10th June, 2021 and made available to the media on the 15th June, 2021 raised sundry issues regarding harassment of lawyers and the general high level of unprofessionalism, crass abuse of power and inhumane treatment which EFCC have exhibited, and continue to exhibit at different times when dealing with lawyers at various offices of the EFCC across the country. The said letter which was titled “Assault of Official(s) of the Nigerian Bar Association by the Operatives of the EFCC and Related Incidents of Unprofessionalism against Lawyers: Demand for Investigation, Immediate Action and Cessation” concluded that “while I look forward to an expeditious investigation of the unjust treatment of Mr. Gbagir and a general refocusing of the approach of the EFCC in its dealings with lawyers, please accept, Mr. Chairman, the assurances of my highest consideration”. At the time of going to press, the EFCC Chairman to the best of my knowledge has not responded to this letter.

Suffice to state that on the 11th June, 2021 the NBA Makurdi Branch also issued a press statement wherein they stated that “we take very serious exception to the denigration of the legal profession by the EFCC and further contend that, this is one attack too many by the commission on legal practitioners and we shall vehemently and strongly stem and resist their excesses using all civil and legal means at our disposal.” The statement concluded that “…this matter without doubt shall be followed to its rightful, proper and judicious conclusion. The maxim is Úbi jus, ubi remedium’, which means that ‘where law has established a right, there should be a corresponding remedy.”

Meanwhile, the Director of Internal Affairs at the headquarters of EFCC was in Makurdi on the 10th and 11th June, 2021 where he took my oral and written statement at the office of the Attorney-General and Commissioner for Justice at the Ministry of Justice Headquarters, Makurdi. The Director of Internal Affairs who earlier in the interaction denied knowledge of the press release by the Head of Media and Publicity however, assured that after his report to the Chairman of EFCC, appropriate measures would be taken to bring the perpetrators to justice.

At the end of the quarterly National Executive Committee meeting of the NBA which held in Abuja on the 24th June, 2021, NEC resolved amongst others that “NEC reviles the circumstances leading to the brutalization of the Chairman of the Makurdi Branch of the NBA by operatives of the Economic and Financial Crimes Commission (EFCC) on 8th June, 2021.” NEC commended the efforts taken by the NBA President thus far, and further directed that the NBA President should take the opportunity of the unfortunate Makurdi incident to finally put an end to the epidemic of brutalization and harassment of legal practitioners by law enforcement agencies in the discharge of the lawyer’s professional duties.

Several other human rights organization also issued separate press statements in condemnation of the assault by the EFCC. One of such statement is from Legal Defence and Assistance Project, based in Lagos. They condemned the assault and urged “the EFCC to publish an apology to the victim, and demanded that the Attorney-General & Minister of Justice, Mr Abubakar Malami (SAN) should prosecute the errant officers and further urged the EFCC to henceforth treat all lawyers with respect in all legal dealings with them”.

On the 30th June, 2021, the learned Attorney-General and Commissioner for Justice of Benue State, Mr Michael Gusa called to intimate me that the Director of Internal Affairs at the EFCC headquarters called him and indicated that the Chairman of the EFCC would like to meet with me and him this week, and Thursday, 8th June, 2021 was tentatively scheduled for the meeting. On Tuesday, 6th July, when I sought to know from the Attorney-General when specifically we were meeting with the EFCC Chairman, he promised to revert back to me after further consultation with the Director of Internal Affairs. The Attorney-General later in the evening of Tuesday, 6th July, 2021 called to intimate me that the Director of Internal Affairs told him that the Chairman of the EFCC preferred to visit Benue State to meet with us on the 8th July, 2021 instead of us going to Abuja. As at the time of going to press around 10pm of 8th July, 2021, I am not aware that the EFCC Chairman has come to Makurdi as hitherto promised.

Meanwhile, after my discharge from the Benue State University Teaching Hospital on the 9th June, 2021, I was booked to attend a check-up on the 5th July, 2021. As a result of the challenges I was having to see with my left eye and challenges to hear with my left ear, I decided to attend the Nigerian Air force Base Hospital, Makurdi also to seek further medical attention. On the 5th of July, 2021, I attended the BSUTH Makurdi as was requested to do and was examined but requested to come back for further check up on the 26th July, 2021. I am still having challenges with my left eye and left ear.

This evening, I sought leave from the NBA President to issue this press statement to provide an update and to mark one month Anniversary of the assault and brutalization by operatives of the EFCC, and Mr President graciously granted me leave.

I wish to use this opportunity to appreciate the NBA President and all members of the Bar and the general public for standing with me on this issue. The President has assured me and I am confident that this fight is not mine but that of the entire Bar. I am not the victim, it is the entire Bar that is the victim. Members of the Bar have demonstrated that an injury for one is actually an injury to all.

In the circumstances of the foregoing, I wish to request all those who were willing to offer one form of support for this course in one way or the other that the time is now. We cannot move with EFCC at their own space and convenience. In any case, they have serially exhibited conduct that they cannot be trusted. If after the assault, they have the audacity to deny and attempt to change the narrative to favour them, they are capable of doing anything.

In further consultation with the NBA President, we shall be coming up with our next line of action without further delay.

Thank you all and God bless.
Justin Gbagir, Esq.
Chairman, NBA Makurdi Branch

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  • EMEKA NWADIOKE
  • Jun 22, 2021
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  • Comments Off on LEDAP KNOCKS EFCC OVER ATTACK ON NBA BRANCH CHAIR

LEDAP KNOCKS EFCC OVER ATTACK ON NBA BRANCH CHAIR

The Legal Defence and Assistance Project (LEDAP) has berated the Economic and Financial Crimes Commission (EFCC) over alleged attack by its operatives on the Nigerian Bar Association (NBA) Makurdi Branch, Chairman, Mr. Justin Gbagir.

In a statement made available to CITY LAWYER and signed by LEDAP National Coordinator, Mr. Chino Obiagwu (SAN), the group stated that the action of the operatives violates the fundamental rights of the Bar Leader as entrenched in Section 34 of the 1999 Constitution.

The group noted that from a series of events which occurred on June 8, 2021, it was apparent that Gbagir went to the EFCC Makurdi Branch Office to facilitate bail for Miss Aver Shima, a lawyer with the Benue Sate Ministry of Justice.

Said LEDAP: “From our understanding, Ms. Shima was remanded following an allegation of a legal advice she gave the Chairman of the Universal Basic Education Board and as such is currently undergoing investigation.

“Following this incident, Mr. Gbagir, in the company of other members of the Ministry of Justice visited the EFCC office in Makurdi, but was refused entry into the premises and subjected to humiliation and degrading treatment by the security operatives at the gate; on the allegation that they are ‘agitators’ who have come to protest.

“It took the intervention of the Senior Special Adviser to the Governor, Attorney General of the state and Solicitor General of the state before the delegation was allowed entry into the building.

“Also, we understand that when Mr. Gbagir was introduced to the EFCC Chairman, as the Chairman of the NBA Makurdi branch, he was denied all courtesy. This infuriated Mr. Gbagir and as a result, sought to leave the premises. However, he was swarmed and assaulted by operatives of EFCC, the actions of which were approved by the silent conduct of the EFCC Chairman.”

LEDAP stated that the action of the EFCC operatives not only undermined the position of the NBA chairman, but also of all lawyers. It viewed the action as a mockery of lawyers’ constitutional role as members of the third arm of government.

LEDAP pointed out that the EFCC security operatives were ALSO in breach of Section 34 of the 1999 Constitution on the right to dignity and right to freedom from torture, inhuman or degrading treatment.

LEDAP urged the EFCC to publish an apology to the victim, and demanded that the Attorney General & Minister of Justice, Mr. Abubakar Malami (SAN) should prosecute the errant officers, adding: “Henceforth, the EFCC is demanded to treat all lawyers with respect in all legal dealings with them.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jun 15, 2021
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  • Comments Off on HARASSMENT: AKPATA WRITES EFCC CHAIR, ISSUES ‘CEASE AND DESIST’ DEMAND

HARASSMENT: AKPATA WRITES EFCC CHAIR, ISSUES ‘CEASE AND DESIST’ DEMAND

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has again risen in defence of Nigerian lawyers through a ‘cease and desist’ letter to the Economic and Financial Crimes Commission (EFCC).

In the searing letter obtained by CITY LAWYER and titled “ASSAULT OF OFFICIAL(S) OF THE NIGERIAN BAR ASSOCIATION BY OPERATIVES OF THE EFCC AND RELATED INCIDENTS OF UNPROFESSIONALISM AGAINST LAWYERS: A DEMAND FOR INVESTIGATION, IMMEDIATE ACTION AND CESSATION,” Akpata stated that he was “constrained” to write the anti-graft Chairman over the alleged assault on NBA Makurdi Branch Chairman, Mr. Justin Gbagir and “the recurring unwholesome and unprofessional conducts by officers and operatives of the EFCC against members of the legal profession in Nigeria who are lawfully discharging their professional responsibilities.” The letter was copied to Attorney General of the Federation & Minister of Justice, Mr. Abubakar Malami SAN.

In the 15-paragraph long letter dated June 10, 2021 but received by the EFCC on 15th June, 2021, the NBA President noted that he was “credibly informed that Mr. Gbagir visited the Makurdi office of the EFCC on 8th June 2021 to facilitate the release of one Ms. Aver Shima (“Ms. Shima”), who is a law officer in the employ of the Benue State Ministry of Justice. Ms. Shima had apparently been detained by the EFCC on an allegation that she gave legal advice to the Chairman of the Benue State Universal Basic Education Board that allegedly culminated in the latter signing a document which is reportedly the subject of investigation by the EFCC. Since the merits of the detention of Ms. Shima for providing legal advice is now, as I understand it, already the subject of independent investigation, I shall refrain from commenting on Ms. Shima’s treatment.”

Turning to the alleged manhandling of Gbagir by EFCC operatives, Akpata said: “Infuriated by this turn of events, the Honorable Attorney-General, the Solicitor General and the Special Adviser to the Governor who had all come to intervene in the detention of Ms. Shima left the premises. Suffice to state that Mr. Gbagir who suffered severe hurt and sustained various degrees of injury had to be hospitalized at the Benue State University Teaching Hospital, Makurdi.”

In a damning indictment of the EFCC operatives, the NBA President described their conduct as “uncultured,” saying: “I assume that you will agree, Mr. Chairman, that if this level of uncultured behaviour could be exhibited by EFCC operatives in the presence of the strong delegation accompanying Mr. Gbagir, who in his own right is a Bar Leader, then the potential fate of other lawyers and citizens who interface with the EFCC in that zone is better imagined than experienced.”

Also in a veiled displeasure over the conduct of the EFCC leadership and its controversial press statement over the assault, Akpata said: “When we both spoke about this incident on 9th June 2021, you understandably expressed shock at this development and promised to investigate same. I have no cause yet to believe that you would personally renege on that promise. However, I have seen certain reports in the media credited to the EFCC Media and Publicity team which denied and largely distorted the facts. In fidelity to honesty and good order, I trust that you and I can agree that the statement credited to the EFCC media head, to the extent that it represents the official position of the EFCC, is premature and antithetic to your pledge to investigate the issue.

“It is pertinent to add that both before and after reading the EFCC statement, I spoke to the Attorney-General of Benue State and other well-meaning senior lawyers who witnessed the incident, and their narrative is entirely consistent with the position of Mr. Gbagir. I have no reason to doubt or disbelieve their narrative and it now behooves on the EFCC to show that it can rise above board and properly investigate the excesses of its own staff.

Turning to the issue of harassment of lawyers by EFCC operatives, Akpata lampooned the operatives for “the high level of unprofessionalism, crass abuse of power and inhumane treatment” which they “have exhibited, and continue to exhibit, at different times when dealing with lawyers at various offices of the EFCC across the country.” According to him, “Verifiable instances abound of lawyers who have been, or are being, harassed, arrested, and detained for either providing legal advice to, or preparing transaction documents for, their clients. There are also other instances, where lawyers are simply denied access to their clients in custody or continuously maltreated, frustrated, intimidated and demeaned by EFCC operatives. The NBA is more than willing to make further representations to you and provide proof of such unsavory developments including recent instances where we have had to intervene on behalf of our members who were unjustly harassed or detained by the EFCC.”

Noting however that this state of affairs precedes the current EFCC leadership, Akpata warned that the situation “is totally unacceptable and, if not checked, will increasingly paint the Commission in a negative light, raise serious concerns about the modus operandi of the Commission and undermine her relationship with critical stakeholders.”

He noted that “the current state of the relationship between lawyers and the Commission, which ordinarily ought to be harmonious, collaborative and symbiotic, is unhealthy and continues to deteriorate. For inexplicable reasons, the relationship is characterised by the wanton harassment and assault of members of the legal profession who, by their calling, are mandated to provide legal advisory and support services to suspects in the custody of the Commission or those who are otherwise under investigation.” Akpata then warned that “This debasing treatment must cease forthwith.”

In a three-point demand, the NBA President wrote: “It is in view of the foregoing that I therefore formally request you to use your good offices to investigate this complaint expeditiously and thoroughly in the interest of justice and ensure that all operatives complicit in the very unfortunate incident are disciplined in line with extant service rules and applicable laws. The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties.

“You may recall that one of the cardinal pillars of your mandate upon your assumption of office was to reposition the Commission and make it a reputable anti-corruption agency that boasts of the finest of personnel. I dare say that achieving this laudable objective would necessarily include weaning the Commission of officers and personnel whose conduct, taken individually or in the aggregate, are bound to undermine the image of the Commission.

“As you continue to settle into office, I urge you to look into these issues carefully with a view to resolving them holistically and avoiding a recurrence. We are indeed expectant that there will be no repeat of incidences such as those complained about in this letter. Lawyers dealing with the Commission must and should be accorded the respect and dignity that they deserve when acting on behalf of their clients. Under your leadership, you must intervene and take steps to ensure that this is the case at all offices of the Commission across the country.”

Below is the full text of the letter:

10th June 2021

The Executive Chairman
Economic and Financial Crimes Commission
EFCC Headquarters
Plot 301/302, Institution and Research Cadastral District
Jabi, Abuja

Attention: Mr. Abdulrasheed Bawa

Dear Sir,

ASSAULT OF OFFICIAL(S) OF THE NIGERIAN BAR ASSOCIATION BY OPERATIVES OF THE EFCC AND RELATED INCIDENTS OF UNPROFESSIONALISM AGAINST LAWYERS: A DEMAND FOR INVESTIGATION, IMMEDIATE ACTION AND CESSATION

  1. I am constrained to write to you over (a) an unfortunate incident which occurred on 8th June 2021 involving some operatives of the Economic and Financial Crimes Commission (the “EFCC” or the “Commission”) at its Makurdi Zonal office, and Mr. Justin Gbagir (“Mr. Gbagir”), a senior member of the Nigerian Bar Association (“NBA”) who is also the Chairman of the Makurdi Branch of NBA; and (b) the recuring unwholesome and unprofessional conducts by officers and operatives of the EFCC against members of the legal profession in Nigeria who are lawfully discharging their professional responsibilities.

The Unfortunate Makurdi Incident

  1. I have been credibly informed that Mr. Gbagir visited the Makurdi office of the EFCC on 8th June 2021 to facilitate the release of one Ms. Aver Shima (“ Shima”), who is a law officer in the employ of the Benue State Ministry of Justice. Ms. Shima had apparently been detained by the EFCC on an allegation that she gave legal advice to the Chairman of the Benue State Universal Basic Education Board that allegedly culminated in the latter signing a document which is reportedly the subject of investigation by the EFCC.   Since the merits of the detention of Ms. Shima for providing legal advice is now, as I understand it, already the subject of independent investigation, I shall refrain from commenting on Ms. Shima’s treatment.
  1. As we understand from the sequence of events, when Mr. Gbagir arrived at the EFCC zonal office in the company of other senior members of the Benue State Ministry of Justice, including the State Director of Public Prosecution, the delegation was refused entry into the offices of the EFCC and was subjected to humiliating and degrading treatment by the security operatives manning the gate of the EFCC on the rather specious ground that they were “agitators” who had come to protest. It took the intervention of the Senior Special Assistant to the State Governor and the arrival of the Attorney-General and the Solicitor-General of the State before the delegation was allowed access into the facility.
  1. It is our further understanding that when Mr. Gbagir was introduced to the EFCC zonal head (Mr. Kazeem Oseni) by the Solicitor-General of the State as the Chairman of the Makurdi Branch of the NBA, Mr. Gbagir was denied all courtesies on the ground that he was an “agitator”. Perplexed and embarrassed, Mr. Gbagir sought to excuse himself from the office of the zonal head only to be swarmed by an army of operatives of the EFCC, who brutally manhandled Mr. Gbagir and pushed him out of the premises. Of particular note and concern is the fact that eyewitness accounts confirm that the actions of the EFCC operatives were carried out with the tacit consent of the zonal head, at best, or based on his express instructions, at worst.
  1. Infuriated by this turn of events, the Honorable Attorney-General, the Solicitor General and the Special Adviser to the Governor who had all come to intervene in the detention of Ms. Shima left the premises. Suffice to state that Mr. Gbagir who suffered severe hurt and sustained various degrees of injury had to be hospitalized at the Benue State University Teaching Hospital, Makurdi.
  1. I assume that you will agree, Mr. Chairman, that if this level of uncultured behaviour could be exhibited by EFCC operatives in the presence of the strong delegation accompanying Mr. Gbagir, who in his own right is a Bar Leader, then the potential fate of other lawyers and citizens who interface with the EFCC in that zone is better imagined than experienced. 
  1. When we both spoke about this incident on 9th June 2021, you understandably expressed shock at this development and promised to investigate same. I have no cause yet to believe that you would personally renege on that promise. However, I have seen certain reports in the media credited to the EFCC Media and Publicity team which denied and largely distorted the facts.  In fidelity to honesty and good order, I trust that you and I can agree that the statement credited to the EFCC media head, to the extent that it represents the official position of the EFCC, is premature and antithetic to your pledge to investigate the issue.
  1. It is pertinent to add that both before and after reading the EFCC statement, I spoke to the Attorney-General of Benue State and other well-meaning senior lawyers who witnessed the incident, and their narrative is entirely consistent with the position of Mr. Gbagir. I have no reason to doubt or disbelieve their narrative and it now behooves on the EFCC to show that it can rise above board and properly investigate the excesses of its own staff.

Other egregious conducts of EFCC operatives against legal practitioners  

  1. Chairman, whilst the above represents the isolated experience of Mr. Gbagir, it is an opportune time to bring to your attention the high level of unprofessionalism, crass abuse of power and inhumane treatment that operatives of the EFCC have exhibited, and continue to exhibit, at different times when dealing with lawyers at various offices of the EFCC across the country. Verifiable instances abound of lawyers who have been, or are being, harassed, arrested, and detained for either providing legal advice to, or preparing transaction documents for, their clients. There are also other instances, where lawyers are simply denied access to their clients in custody or continuously maltreated, frustrated, intimidated and demeaned by EFCC operatives. The NBA is more than willing to make further representations to you and provide proof of such unsavory developments including recent instances where we have had to intervene on behalf of our members who were unjustly harassed or detained by the EFCC.
  1. This state of affairs, which admittedly precedes your appointment to superintend the EFCC, is totally unacceptable and, if not checked, will increasingly paint the Commission in a negative light, raise serious concerns about the modus operandi of the Commission and undermine her relationship with critical stakeholders. As you know, the role of lawyers is critical to the actualisation of the Commission’s foundational objectives. As a law enforcement agency that is established to be responsible and accountable to the citizenry, one would expect that lawyers will continue to be your partners in progress who should feel welcome and accommodated by the Commission and its operatives.
  1. Regrettably, the current state of the relationship between lawyers and the Commission, which ordinarily ought to be harmonious, collaborative and symbiotic, is unhealthy and continues to deteriorate. For inexplicable reasons, the relationship is characterised by the wanton harassment and assault of members of the legal profession who, by their calling, are mandated to provide legal advisory and support services to suspects in the custody of the Commission or those who are otherwise under investigation. This debasing treatment must cease forthwith.

Conclusion

  1. It is in view of the foregoing that I therefore formally request you to use your good offices to investigate this complaint expeditiously and thoroughly in the interest of justice and ensure that all operatives complicit in the very unfortunate incident are disciplined in line with extant service rules and applicable laws. The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties. 
  1. You may recall that one of the cardinal pillars of your mandate upon your assumption of office was to reposition the Commission and make it a reputable anti-corruption agency that boasts of the finest of personnel. I dare say that achieving this laudable objective would necessarily include weaning the Commission of officers and personnel whose conduct, taken individually or in the aggregate, are bound to undermine the image of the Commission.
  2. As you continue to settle into office, I urge you to look into these issues carefully with a view to resolving them holistically and avoiding a recurrence. We are indeed expectant that there will be no repeat of incidences such as those complained about in this letter.  Lawyers dealing with the Commission must and should be accorded the respect and dignity that they deserve when acting on behalf of their clients.  Under your leadership, you must intervene and take steps to ensure that this is the case at all offices of the Commission across the country.
  1. While I look forward to an expeditious investigation of the unjust treatment of Mr. Gbagir and a general refocusing of the approach of the EFCC in its dealings with lawyers, please accept, Mr. Chairman, the assurances of my highest consideration.

Yours faithfully,

OLUMIDE AKPATA

President

Nigerian Bar Association

Cc:       The Honourable Attorney General of the Federation

Federal Ministry of Justice

Abuja

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jun 11, 2021
  • 1.24k
  • 0
  • Comments Off on BENUE ASSAULT: EFCC CHIEF INVESTIGATOR GRILLS NBA CHAIR, A-G WADES IN

BENUE ASSAULT: EFCC CHIEF INVESTIGATOR GRILLS NBA CHAIR, A-G WADES IN

  • BENUE A-G DEMANDS CCTV FOOTAGE FROM EFCC

  • I’M SHOCKED, SCANDALIZED BY EFCC’S DENIAL

  • I CAN’T SEE, HEAR WELL AGAIN

  • I WILL PRESS CHARGES IF ….

Embattled Chairman of the Nigerian Bar Association (NBA), Makurdi Branch, Mr. Justin Gbagir has been grilled by the Economic and Financial Crimes Commission (EFCC) chief investigator on his allegation of assault by operatives of the anti-graft agency.

In an exclusive interview with CITY LAWYER, Gbagir said that the interview by the Director of Intelligence Unit at the EFCC which started yesterday at the office of the Benue State Attorney-General was concluded today when he wrote a formal statement on what transpired at the Makurdi Office of the EFCC last Tuesday.

Gbagir said that aside from the impairment to his left eye, he has started experiencing hearing challenges due to the alleged beating by the EFCC operatives. He warned that “I told them that I have other options to seek redress” if the perpetrators are not brought to justice.

Below is the full text of the interview.

“I am Justin Gbagir, Chairman of NBA Makurdi Branch who was assaulted and beaten by the operatives of the EFCC on Tuesday, the 8th of June, 2021.

“It is unfortunate that EFCC which claims to operate within civic norms will come out to blatantly deny that they did not assault and beat me up.

“The beating was so severe that I was admitted at Benue State University Teaching Hospital and administered some drugs and injections. As a result of the beating, I also sustained injury in my left eye. As I speak with you, I cannot see very well with my left eye.

“Yesterday again, I started experiencing problem with my hearing. So I am also currently having hearing challenges. I am yet to go for medical check-up to sustain (sic) the level of damage that might have been done to my ears.

“But yesterday someone came from Directorate of Intelligence – which he said is like Military Police in the Army – to listen to us from the headquarters. We met at the office of the Honourable the Attorney General of Benue State and we took turns to narrate what happened. So when we finished, he specifically requested me to put my statement in writing and because it was already dark we agreed to reconvene at 8.30 this morning, which we did. And I put my statement in writing.

“I am actually shocked, scandalized and embarrassed with the allegations that EFCC have made in their Press Release that I went there with thugs to forcefully release a detainee. I want to say it in very clear terms that all the lawyers that were there with me – including the Honourable the Attorney General, the Solicitor General and Director of Public Prosecution and Senior Special Assistant to the Governor on Legal Matters – we were just nine, including myself, 10. And all the people that were there – except the Director of Finance and Administration in the State Ministry of Justice who was also there, who is not a lawyer – the rest of us were lawyers. I don’t see how colleagues who went to EFCC Office to facilitate the release of their colleague will be called thugs.

“Today, the AG also requested the person that came from Abuja to request for CCTV footage from their (EFCC) office. This happened directly within their compound and their CCTV footage must have captured what happened. So if they fail to produce their CCTV footage, I think it will also be another way of trying to deny or hide the facts.

“By and large, I think the EFCC are not being truthful; their denial of all the allegations is baseless. I think we are not going to leave the matter like that. In my statement which I wrote today, I told them that I have other options to seek redress. But I am giving them an opportunity for them to sort out this issue, punish the perpetrators, and then we discuss further on whatever demands that I might have.

“At the moment, I don’t want to make demand yet; I am yet to fully ascertain the level of damage they have done to my eye, to my ears and other general health conditions. So when that is ascertained by medical experts, I will also know what demands I will be making for compensation. At the moment, I don’t want to say that because I am yet to get the proper medical report in that regard.

“Today again, the NBA Makurdi Branch insisted on making a Press Statement particularly in view of the statement by EFCC. After they (EFCC) had reached out to our (NBA) President with a view that they would investigate the matter, they went ahead to issue a statement denying the facts. So the Press Conference just finished a while ago and I think in a very short it will also be in the public domain on the position of NBA Makurdi Branch.”

CITY LAWYER recalls that Gbagir had alleged that he was manhandled at the instance of the EFCC Makurdi Zonal Head. Narrating his ordeal, Gbagir said: “As I made to leave, the personnel of EFCC numbering between 7 and above pounced on me and started beating me. They broke my recommended reading eyeglasses in the process and pushed me out of the premises. “Outside the premises, they threw out my footwears which I was dispossessed of in the course of the beating,” he said.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Jun 09, 2021
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  • Comments Off on BENUE ASSAULT: AKPATA TACKLES BAWA, EFCC DENIES CHARGE

BENUE ASSAULT: AKPATA TACKLES BAWA, EFCC DENIES CHARGE

  • AG, SOLICITOR-GENERAL CONFIRMED ASSAULT – SPIDEL CHAIR

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata has petitioned the Economic and Financial Crimes Commission (EFCC) Chairman, Mr. Abdulrasheed Bawa over the battered NBA Makurdi Branch Chairman, Mr. Justin Gbagir, even as the anti-graft agency has denied that its operatives manhandled the Bar Leader.

Impeccable sources told CITY LAWYER that Akpata had engaged with the EFCC Chairman over the matter. Bawa was said to have requested time to investigate the matter and take necessary action.

The EFCC has now issued a statement denying the alleged assault. The anti-graft agency said that it was the Makurdi Branch Chairman who “was the aggressor as he led a gang of thugs to breach the security of the Makurdi office in an attempt to forcibly set free a suspect under interrogation by the EFCC.”

The statement added that the Bar Leader allegedly failed to identify himself and that “the EFCC Zonal Head had no option than to show him out of his office and refuse him further entry into the Commission’s premises.”

But fiery NBA Section on Public Interest and Development Law (NBA-SPIDEL) Chairman, Mr. Monday Ubani said that several sources confirmed the assault to him, even as the under-fire Zonal Head denied the allegation. His words: “I have spoken to the Chairman of Makurdi who confirmed the beating. He is back to hospital. I have also spoken to the Special Adviser to the Governor on Legal Matters who confirmed the incident. I eventually got the President of the Bar who affirmed that the AG confirmed the beating. Our President has spoken to the Chairman of EFCC who requested for time to investigate and take action.”

He however said the Zonal Head denied “that he never touched nor directed any of his operatives to touch our member. He denied the beating.” 

Narrating his ordeal, Gbagir said: “As I made to leave, the personnel of EFCC numbering between 7 and above pounced on me and started beating me. They broke my recommended reading eyeglasses in the process and pushed me out of the premises.

“Outside the premises, the threw out my footwears which I was dispossessed of in the course of the beating.”

Below is the full text of the EFCC statement.

EFCC Press Release

EFCC Denies Assaulting NBA Chairman

The Economic and Financial Crimes Commission, EFCC wishes to inform the public that claims by one Justin Gbagir, Chairman Makurdi Branch of the Nigerian Bar Association, NBA, that he was assaulted and brutalized by operatives of the Makurdi Zonal Office of the Commission on June 8, 2021, leading to his being hospitalized at BUSTH is false, and orchestrated to portray the Commission as draconian and uncivil.

Contrary to the false narrative being promoted in the social media by Gbagir, he was the aggressor as he led a gang of thugs to breach the security of the Makurdi office in an attempt to forcibly set free a suspect under interrogation by the EFCC.

The standard procedure for effecting the release of suspects in detention is known to even rookie lawyers. But rather than follow due process, Gbagir opted for force, recruited thugs and stormed the EFCC office.

In spite of the provocation, operatives of the Commission handled him with restraint, bent backward by allowing him to meet with the Zonal Head. But rather than reciprocate, he still refused to identify himself, against all norms of civility. In the circumstance, the EFCC Zonal Head had no option than to show him out of his office and refuse him further entry into the Commission’s premises.

Regrettably, the seasoned lawyer resorted to social media blackmail, posing in hospital bed and concocting a fantastic story of an imaginary assault by EFCC operatives.

His action is to say the least indecorous and unbecoming of the leader of the bar in a state like Benue. He demonstrated embarrassing insensitivity to the delicate security situation of the state.

Gbagir should be remorseful for his misguided action and not spew untruths in pliable sections of the media.

Wilson Uwujaren
Head, Media & Publicity
9 June, 2021

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Apr 18, 2021
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  • Comments Off on OLEJEME SAGA: MAGU’S EFCC WAS LAWLESS, CLUELESS – UBANI

OLEJEME SAGA: MAGU’S EFCC WAS LAWLESS, CLUELESS – UBANI

Former Nigerian Bar Association Vice President, Mr. Monday Ubani has taken a swipe at disgraced former Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, describing his tenure at the anti-graft agency as “lawless, clueless and brash!”

The Bar Leader in a statement made available to CITY LAWYER also revealed that he prayed “dangerous” prayers for Magu to be humiliated out of office for detaining him for 23 days due to failure of his then client and former Chairman of the Nigerian Social Insurance Trust Fund (NSITF), Dr. (Mrs.) Ngozi Olejeme to honour subsequent invitations by the commission.

His words: “The truth of the matter is that I did not breach any rule of professional conduct of NBA in the first instance, as the said Rule is only applicable to a lawyer who is defending an accused in court and stands surety for the same client in the court. The matter at hand then was not yet before any court; it was an administrative bail by the Agency pending formal charge before any court. That was how EFCC under Magu operated; lawless, clueless and brash!”

Ubani stated that Magu criminalized a civil matter when his client jumped bail, warning succeeding chairmen of the commission not to play God but to operate in line with the law and international best practice. He said: “Let everyone accused of crime in Nigeria be given fair trial and let those who are guilty be jailed, while those who are innocent be discharged and acquitted. That is how it is done in every civilized clime.”

Below is the full text of the statement.

GOD JUSTIFIES THE RIGHTEOUS ALWAYS.

About four years ago or thereabout a woman by name Dr Mrs Ngozi Olejeme sought my legal representation over an allegation that she converted about N69 billion of Nigerian Social Insurance Trust Fund (NSITF) to herself while she held sway as the chairman during the tenure of former President Goodluck Jonathan. She was declared wanted by EFCC after she refused to honour their invitation because she was abroad and according to her, was undergoing critical medical treatment over her ill health.

I inquired from her if she committed the crime as alleged and she denied the veracity. Secondly, she opined that her medical condition made it impossible for her to honour their previous invitations, however she was prepared to honour them if she can be guaranteed fair trial without illegal detention.

I demanded her medical reports which she graciously provided, and straightaway I sent a letter to the then EFCC acting chairman, Ibrahim Magu attaching the medical papers and informing him that I have advised my client to come down to respond to the allegations against her. My client naturally was afraid having been abreast of the antecedent of EFCC under Magu but I assured her that she will get a fair trial as we were not under a Banana Republic.

On the date we agreed, she returned from abroad and on the following Monday morning I took her to the office of EFCC in Abuja. They were shocked to see her because several persons like former Attorney General, Mohammed Adoke SAN and former Petroleum Minister, Mrs. Deziani Allison Madueke whom EFCC had declared wanted did not respond to them let alone coming down to face their trial.

Her interrogation on the first day lasted about eight hours after which they told me politely that they will not allow her to go home that day, but because of my personality and previous explanation about her health condition, she will be taken to a hospital of her choice and be under their watch so that her subsequent interviews will proceed without unnecessary interjections. My team of lawyers and I raised objection because the bail conditions they gave her were complied with but the Head of the Investigating Unit, overruled and insisted on his position. We obliged, and got a good hospital in Abuja for her under the watch of about two security personnel of the Agency.

Her detention that we all thought will be short later entered the ninth day. I convinced my client that we should sue for the enforcement of her fundamental human rights as her long detention was contrary to the provisions of the constitution as regards investigation and detention. She agreed and we filed the court process and served EFCC. In response, they attached a court order granting EFCC power to detain her for 14 days. It was shocking for me as we were not aware of this secret court order that was never served.

On the date slated for the hearing of the application, the court did not sit but the EFCC prosecuting counsel wrote and convinced the then Acting Chairman to release the woman on administrative bail.

We provided two senior civil servants of grade level 14 and 15 as sureties as required by their condition of bail and presented to them. When the application was presented before Magu, he blatantly refused to approve, insisting that the sureties must be ‘Elder Statesmen’, contrary to the bail condition. We were wondering who these elder statesmen should be. The Unit head then quipped that the chairman will not mind if I will stand surety for her since I was the one that convinced her to come down for her case. My client heard him clearly that my suretyship will grant her freedom to go home. At that point I had a moral burden to get her out of detention having been denied that opportunity after returning from abroad for 14 days.

Secondly, her health was deteriorating due to staying in one place for that long, and thirdly she was complaining of not taking proper bath for those days due to the condition of her health. Finally, she was under severe psychological stress by virtue of her ugly situation. Despite my assurances that she will get fair treatment and trial, she felt that her coming back to Nigeria to respond to the allegations has not been reciprocated by the EFCC by virtue of her long detention. She was very distraught!

When that window of opportunity was given that my suretyship will let her go home and get her prepared for trial, I felt mutually obliged to be of assistance to a woman who honoured my word when I promised the Agency that she will come down for her trial. She did come down as agreed. If I had refused to stand for her at that point, she has every right to conclude that I was in league with EFCC to bring her down to humiliate and embarrass her person. That would not have been the truth and I needed to prove that point to her. For me, I desired her to come down in order to respond to the myriads of allegation that was not good for her reputation.

On the path of EFCC, I also desired them to prove and convict the woman if she was liable or discharge and acquit her if she was innocent. On the basis of the two desires, I provided the link for both parties to satisfy their need.

To cut a long story short, Mrs Olejeme was granted administrative bail that night (at about 9pm) by virtue of my singular signature despite that the condition of bail was that they needed two sureties. The second surety, Hon Christopher Enai, came to sign his own papers two days later after her release to fulfill all righteousness.

After her release, Mrs. Olejeme was honouring their invitations except one or two occasions when she was ill and which she explained in writing through her solicitors. I ensured that whenever she had interview sessions with them that I will be there physically in accordance with the Administration of Criminal Justice Act, and I was doing this regularly coming from Lagos to Abuja.

In course of the investigation, two things happened that startled me. One was that EFCC’s investigation was anchored only on one witness whose evidence was mere hearsay and uncorroborated. It was the witness’s words against the accused and secondly, EFCC was more interested in the properties of the woman more than the facts of the case that will secure her conviction. I was wondering how EFCC will forfeit the property of an accused person facing trial without first securing her conviction except that can happen in a country run by the likes of Ibrahim Magu.

From December to April the following year, the EFCC that published to the whole world how Olejeme stole N69 billion remained static and was not able and keen to prefer any charge against her. However, something strange happened one morning in April 2018. EFCC operatives numbering over 18 from Enugu invaded the home of Mrs Olejeme over a matter that was purely civil and stayed in the woman’s house searching her for over 10 hours. They blocked every entrance and exit on the street. Having failed to convince her to follow them to Enugu, they left her for another assignment according to them. My client fearing for her life escaped from her home and was not heard or seen until this Thursday April 15, 2021 when I heard that SHE IS BACK TO NIGERIA AND HAS REPORTED TO EFCC, possibly to face her trial.

When she escaped and went abroad due to the treatment she got from EFCC, I was called upon by the same EFCC to produce her. I felt that it was very wicked of the Agency to drive the woman back abroad and still have the audacity to request that I produce her. I felt outraged but as patriot I went after the woman through INTERPOL and finally got her placed on RED ALERT by Interpol headquarters in France. That piece of good news got Magu infuriated as he needed unwarranted evidence to embarrass himself and not me. In his clueless fury, he ordered my arrest and detention.

If an accused person jumps bail, the surety certainly has not committed any offence under our law. It is a civil matter which is to the effect that the surety forfeits the bail bond. It is only when the surety is unable to pay the stated sum in the bail bond that he or she will be sentenced to a term of imprisonment. Ibrahim Magu’s EFCC read their own law upside down and criminalised a purely civil matter. I even over heard that they said I breached the Rules of Professional Conduct of NBA. When did EFCC start to enforce Rules of Professional Conduct for NBA?

The truth of the matter is that I did not breach any rule of professional conduct of NBA in the first instance, as the said Rule is only applicable to a lawyer who is defending an accused in court and stands surety for the same client in the court. The matter at hand then was not yet before any court; it was an administrative bail by the Agency pending formal charge before any court. That was how EFCC under Magu operated; lawless, clueless and brash!

I immediately instructed my lawyers to enforce my fundamental human rights before the court, and quickly process was filed and served. The court ordered my release or a formal charge if I have committed any offence. Ibrahim Magu disobeyed the court order and kept me in detention for 23 days contrary to the order of the court. My lawyers commenced contempt proceedings and with avalanche of criticisms from all quarters including the harshest from NBA, CLASFON, OTU OKA IWU (Lawyers), Femi Falana SAN, Chief Mike Ozekhome SAN and several NGOs and well-meaning Nigerians, Ibrahim Magu was dazed as he ordered my release by 11:00PM. I refused his release by that ungodly hour and remained in detention till the following morning to be sure of my safety.

I prayed two “dangerous” prayers while in and out of detention. Yes you heard me right. One, is that as long as Ibrahim Magu has refused to see the wrong he has committed against me and several others and has not apologised including making peace, that God should disgrace him out of office. Those who are close to me and those inmates with me at the EFCC facility in Abuja remembered this prayer point when it was answered. I am not rejoicing at Magu’s fall but how I wish that men in power both in Nigeria and elsewhere will know and understand that POWER IS TRANSIENT AND EPHEMERAL.
In his glory, Ibrahim Magu felt he has become “God”. God will never share his glory with anyone. His rise and fall is a story for another day.

The second prayer I prayed was that Mrs Olejeme will never have peace of mind wherever she is on planet earth until she comes back to answer to her charges and prove to the world that I neither wronged her nor Nigeria.

Just this Thursday, the 15th of April, two years after I was wrongly detained by Magu’s EFCC, I got a call from Hon Enai, my Co-surety that Mrs Olejeme is back to the country and has dutifully reported herself to EFCC.

To say the least, I was elated and grateful to God for answered prayers. Since she escaped, she has intentionally refused to call or speak with me. She has her reasons, it may be out of fear or for some other reasons best known to her. For now it is no longer my headache. I have my plans. She is back to face her case and the ONUS IS ON EFCC TO PROVE THE THEFT OF N69 Billion against her. Newspaper and public trial characterisation of Magu era is gone, perhaps for good.

Let everyone accused of crime in Nigeria be given fair trial and let those who are guilty be jailed, while those who are innocent be discharged and acquitted. That is how it is done in every civilized clime. I further plead that let everyone note “that anyone ACCUSED OF CRIME, NO MATTER HOW GRIEVOUS, that person is ENTITLED TO LEGAL REPRESENTATION”. It becomes even compulsory under the law if the crime is grievous and carries death penalty. On no account should public opinion be used to scare any diligent lawyer from defending any accused person especially if the accused story is contrary to the “spurious” allegations by the Prosecutor. In saying this, I am not pronouncing Mrs Olejeme innocent but from what I saw during her interview sessions, the spurious figure of N69 billion is not only ridiculous, it is downright stupid to market that kind of figure to the public when the evidence on ground is nothing near that!

While we await the trial proceedings or whatever EFCC wants to do with her, my ultimate joy is that I have been vindicated as I have no hand in her escape. I never knew her while she was the chairman of NSITF. I only played the role of a patriot in bringing her back and I am here giving glory to God for vindicating me that I did not commit any crime in doing that or while doing that.

I have applied and withdrawn my suretyship of the woman from EFCC. The letter to that effect was written and acknowledged on the 16th of April, 2021.

All in all, “the just shall live by faith”, the word of God says so. It further says “Say to the righteous and it shall be well with him”. “No weapon fashioned against any Child of God shall prosper”. My trust is on God, and He alone will continue to direct my path.

My profound gratitude goes to my comrades, friends, senior friends and colleagues, family members and workers including silent and distant admirers who stood with me at those trying period. They shall make heaven, Amen.

God shall also bless my haters and unknown enemies. They may have their reasons since I am not perfect and never claim to be. We all need God’s forgiveness and Grace on this planet earth.

To God be all the glory, honour and praise for honouring His name. I am wantonly grateful to this awesome God!

M. O. Ubani Esq. (MOU).
Barrister & Solicitor

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EMEKA NWADIOKE
  • Feb 19, 2021
  • 1.07k
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  • Comments Off on ‘LAWYERS WILL GET ANTI-MONEY LAUNDERING RULES SOON,’ SAYS AKPATA

‘LAWYERS WILL GET ANTI-MONEY LAUNDERING RULES SOON,’ SAYS AKPATA

The Nigerian Bar Association (NBA) is set to roll out anti-money laundering guidelines for lawyers across the country. This was disclosed by NBA President, Mr. Olumide Akpata while receiving a delegation from the National Financial Intelligence Unit (NFIU) led by its Chief Executive Officer – Mr. Modibbo R. Tukkur.

In a statement by NBA Publicity Secretary, Dr. Rapulu Nduka, Akpata said the guidelines had become imperative to ensure that lawyers are not conduits for money laundering activities. According to the statement which was made available to CITY LAWYER, “The NBA President thereafter, pledged to set up an Anti-Money Laundering Committee that will come up with a robust Anti-Money Laundering Rules which will govern legal practitioners in their dealings with clients, both corporate and private.”

It is recalled that NBA has been in a face-off with the Economic and Financial Crimes Commission (EFCC) over implementation of Section 5 of the Money Laundering (Prohibition) Act 2011 which mandated lawyers to report certain financial transactions by their clients to the anti-graft body through the Special Control Unit against Money Laundering (SCUML). SCUML, the forerunner to NFIU, was originally under the supervision of the EFCC.

In an Originating Summons dated March 15, 2013 and taken out on behalf of the Registered Trustees of the NBA by Chief Wole Olanipekun (SAN), Mrs. Funke Adekoya (SAN), Messrs Babajide Ogundipe, Emeka Nwadioke and Davison Oturu, the NBA asked the court to declare that the provisions of section 5 of the Money Laundering (Prohibition) Act, insofar as they purport to apply to legal practitioners, were invalid, null and void.

Ruling on the matter, Justice Gabriel Kolawole of the Federal High Court, Abuja gave an order of perpetual injunction restraining the Federal Government, the Central Bank of Nigeria (CBN) and SCUML from enforcing the provisions of the Money Laundering (Prohibition) Act 2011 against legal practitioners. The judgement was CBN-VS-NBA_CA on appeal by a full panel of the Court of Appeal. CITY LAWYER gathered that a final appeal may be pending at the Supreme Court.

Below is the full text of the statement.

ANTI-CORRUPTION WAR: NATIONAL FINANCIAL INTELLIGENCE UNIT MEETS WITH NBA LEADERSHIP; SEEKS NBA’S COOPERATION IN COMBATING MONEY LAUNDERING AND OTHER CORRUPT PRACTICES.

Dear Colleagues,

The National Financial Intelligence Unit (“NFIU”) paid a courtesy call on the leadership of the Nigerian Bar Association (“NBA”) on the 17th day of February 2021.

During the course of the engagement, the NFIU team led by its Chief Executive Officer – Mr. Modibbo R. Tukkur, highlighted the critical role of the NBA and its members in fighting corruption, as the nature of their work places them in a privileged position of requesting disclosure of sources of funds, investigation of funds, checkmating money laundering and other corrupt practices.

The NFIU boss also reiterated that NBA’s role as a Self-Regulatory Organization, imposes a moral responsibility on the NBA and her members to ensure that there are ethical rules that modulate their relationship with clients and members of the society at large.

Against the above background, the NFIU team recommended to the Association as follows, that:

I. The NBA sets up a dedicated Self-Regulatory desk officer at the NBA Secretariat.

II. The NBA sets up an Anti-Money Laundering Committee to collaborate with the NFIU on its anti-corruption mandate.

III. The NBA trains legal practitioners on their roles in fighting money laundering and related corrupt practices.

IV. The NBA partners with NFIU at large.

In response, the NBA President pledged the commitment of the NBA to work with existing government agencies in ensuring that legal profession in Nigeria is practised in line with global best practice so that legal practitioners are not seen to be enablers, or facilitators of corrupt practices.

The NBA President, further assured the NFIU of the Association’s desire to collaborate with the Unit, in building the capacity of legal practitioners by educating them on anti-money laundering, investigation of sources of funds, disclosure of origin of illegal funds, etc, in a manner that does not compromise their professional obligations to their clients.

The NBA President thereafter, pledged to set up an Anti-Money Laundering Committee that will come up with a robust Anti-Money Laundering Rules which will govern legal practitioners in their dealings with clients, both corporate and private.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association.

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EFCC SET TO ARRAIGN TWO LAWYERS OVER USORO’S ELECTION

BY EMEKA NWADIOKE

  • CONFIRMS CITY LAWYER REPORT

Echoes of the election that brought outgoing Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN has reverberated as the Economic and Financial Crimes Commission (EFCC) may soon arraign suspects in the controversial election.

Filed as Suit no FHC/L/118c/2020, the EFCC is, according to GAVEL INTERNATIONAL accusing the duo of Sarah Omeigha Ajibola, and John Ozovehe Demide of allegedly rigging the August 2018 NBA Elections in favour of Usoro .

The charge confirms CITY LAWYER exclusive report that “The Economic and Financial Crimes Commission (EFCC) may have swooped on senior lawyer and Nigerian Bar Association (NBA) administrative lynchpin, Sarah Ajijola over an alleged cash payment received from one of the presidential candidates in the last elections.

“An impeccable source who is familiar with the EFCC investigations told CITY LAWYER that Ajijola, NBA’s Director of Membership & Bar Services, was pulled in by the anti-graft agency for questioning over a N25,000 inflow into her bank account in the run-up to the controversial 2018 NBA Elections.

“The EFCC is investigating the outcome of the elections following an alleged petition by Mr. Olumuyiwa Olowokure who was an agent to Chief Arthur Obi Okafor SAN, one of the presidential candidates in the elections. Olowokure is now deceased.”

According to latest report, the charge has been filed at the Federal High Court, though the arraignment has been stalled by the coronavirus pandemic crisis.

The charges were reportedly filed on May 5, 2020 and signed by EFCC prosecutors led by Mr Rotimi Oyedepo Iseoluwa and including Bilikisu Buhari Bala, Usman Umar Buhari, Mohammed Abbas Omeiza, Suleiman I. Suleiman, and Kufre Uduak on behalf of the Executive Chairman of EFCC.

Below are the charges:
COUNT-1

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court conspired amongst yourselves to knowingly alter the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you think thereby committed an offence contrary to Section 27 (1)(b) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015 and punishable under Section 13 of the same Act.

COUNT-2

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of the Honourable Court aided the commission of an offence to wit: to knowingly alter the email addresses and phone numbers of about 1004(One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to Section 27 (1)(b)of the Cybercrime (Prohibition, Prevention etc) Act 2015 and punishable under Section 13 of the same Act

COUNT-3
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime in August 2018, within the Jurisdiction of this Honourable Court knowingly altered the email addresses and phone numbers of about 1004 (One Thousand and Four) eligible voters of the Nigerian Bar Association 2018 National elections with the intention that such inauthentic data will be acted upon as genuine during the said election and you thereby committed an offence contrary to and punishable under Section 13 of the Cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-4

That you, John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court fraudulently used the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(2) of the Cybercrime (Prohibition, Prevention etc) Act, 2015 under the same section.

COUNT-5

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN043280 of one Gabriel Abijo Oladipo to vote as the same Gabriel Abijo Oladipo through the Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-6

That you, John Ozovehe Demide sometime on the 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Gabriel Abijo Oladipo with Supreme Court Enrolment Number SCN043280 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with the intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc ) Act, 2015.

COUNT-7

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court aided the commission of an offence to wit: fraudulently use the unique identification features such Name and Supreme Court Enrolment Number SCN088449 of one Uthman Adeleye Oluwaseun to vote as the same Uthman Adeleye Oluwaseun through the Smile Modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-8
That you, John Ozovehe Demide sometime on 19th August 2018, within the Jurisdiction of this Honourable Court fraudulently impersonated one Uthman Adeleye Oluwaseun with Suu preme Court Enrolment Number SCN088449 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of yhe cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-9

That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN015233 of one David Anakor through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the Cybercrime ( Prohibition, Prevention etc) Act, 2015.

COUNT-10
That you, John Ozovehe Demide sometime on the 19th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one David Anakor with Supreme Court Enrolment Number SCN015233 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22(3) of the Cybercrime (Prohibition, Prevention etc) Act,2015

COUNT-11
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN114439 of one Chiagoziem Bethel Aninilu to vote as the same Chiagoziem Bethel Aninilu through the Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

COUNT-12
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Chiagoziem Bethel Aninilu with Supreme Court Enrolment Number SCN114439 by voting as such through your Smile modem on IP address 197.210.216.226 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition Prevention etc) Act, 2015.

COUNT-13
That you, Sarah Omeigha Ajibola and John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court aided the commission of an offence to wit: fraudulently using the unique identification features such as Name and Supreme Court Enrolment Number SCN024643 of one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin through the Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association National elections and you thereby committed an offence contrary to Section 27 (1)(b) and punishable under Section 22 (2) of the cybercrime (Prohibition, Prevention etc) Act,2015.

COUNT-14
That you, John Ozovehe Demide sometime on the 20th day of August 2018, within the Jurisdiction of this Court fraudulently impersonated one Bankole Isaac Toyin to vote as the same Bankole Isaac Toyin with Supreme Court Enrolment Number SCN024643 by voting as such through your Smile modem on IP address 169.159.65.190 to vote with intent of gaining electoral advantage in favour of Mr. Paul Usoro (SAN) who was one of the Presidential Aspirants during the 2018 Nigerian Bar Association elections and you thereby committed an offence contrary to and punishable under Section 22 (3) of the cybercrime (Prohibition, Prevention etc) Act, 2015.

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EXCLUSIVE: NBA ELECTIONS – WHY EFCC QUIZED NBA CHIEFTAIN

The Economic and Financial Crimes Commission (EFCC) may have swooped on senior lawyer and Nigerian Bar Association (NBA) administrative lynchpin, Sarah Ajijola over an alleged cash payment received from one of the presidential candidates in the last elections.

An impeccable source who is familiar with the EFCC investigations told CITY LAWYER that Ajijola, NBA’s Director of Membership & Bar Services, was pulled in by the anti-graft agency for questioning over a N25,000 inflow into her bank account in the run-up to the controversial 2018 NBA Elections.

The EFCC is investigating the outcome of the elections following an alleged petition by Mr. Olumuyiwa Olowokure who was an agent to Chief Arthur Obi Okafor SAN, one of the presidential candidates in the elections. Olowokure is now deceased.

As the overseer of the NBA database, Ajijola worked closely with the Professor Auwalu Yadudu-led Electoral Committee of the NBA (ECNBA) in generating a register of voters for the elections. Reputed as highly knowledgeable in NBA affairs, Ajijola was quizzed for several days over the inflow. It was however unclear at press time whether the anti-graft agency was able to make a headway in its investigations into the elections following this latest effort to track those who allegedly rigged the Bar elections.

CITY LAWYER sent whatsapp messages to Ajijola requesting her response on the subject. When CITY LAWYER noticed that the messages remained unread, CITY LAWYER alerted Ajijola via SMS. Though there was compelling evidence that the whatsapp messages were read, Ajijola however did not respond to the enquiries even after CITY LAWYER made another request for a feedback.

CITY LAWYER gathered that Ajijola was released when NBA President, Mr. Paul Usoro SAN dispatched NBA Legal Adviser, Mr. Innocent Eze to Lagos to secure her release. It was gathered that Eze was able to persuade the anti-graft agency to let the NBA top officer off the hook. He was said to have processed the administrative bail granted Ajijola, leading to her release from EFCC custody.

Though some lawyers had frowned on Ajijola’s prolonged detention, there are strong indications that this may not be unconnected with the fact that key NBA chieftains were heading to Seoul, South Korea to attend the International Bar Association (IBA) Annual Conference barely a few days after she was picked up by EFCC operatives and whisked away to their Lagos Office.

Usoro was declared winner of the election, having polled 4,509 votes to beat Okafor and former Nigerian Law School Deputy Director General, Prof. Ernest Ojukwu SAN. While Okafor garnered 4,423 votes, Ojukwu polled 3,313 votes to place third.

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My ordeal with EFCC, by Ubani

Former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani has shed more light on his face-off with the Economic and Financial Crimes Commission (EFCC).

According to Ubani, circumstances conspired to foist a state of helplessness on him, moreso as he personally persuaded his client and former National Insurance Trust Fund Chairman, Mrs. Ngozi Olejeme to return to Nigeria to face her charge.

His words:

Friends, thanks. It is not as if I was careless. See reasons for my action which now looks as if I was sentimental:

  1. I brought the said woman back with all her family members from South Africa to come and respond to her allegations.
  2. She had multiple operations prior to her coming and requested that her medical condition will not permit of any detention.
  3. Despite that fact, she was detained for 14 days in a hospital before release.
  4. Her health was deteriorating during that detention and pressure was mounted on me the lawyer to get her out on bail.
  5. She presented qualified sureties in accordance with the bail condition of EFCC but was rejected by them.
  6. They insisted on senior citizens and important personalities to stand.
  7. EFCC said that they won’t mind if I stand for her since I was the person that brought her back.
  8. The time for this discussion was 10 pm.
  9. The said woman had not taken her bath for the 14 days she was in detention due to her health condition.
  10. It would have amounted to a betrayal to her and a dent to my own integrity towards a woman I brought back to reject to stand for her when that window of opportunity was thrown open that my suretyship will suffice.
    11 Think what you will do if you were in my shoe.
    12 It is easy to criticize when you are not the one involved or if you do not have the full facts or know the full circumstances.
    She was later chased away for another matter that has nothing to do with the matter she came for. They invaded her home with several policemen and searched her house for over 3hrs. She was really scared and slipped away from her house when they left her to go for another matter. Since that day she ceased communication with me. I still went after her by getting INTERPOL to place her on Red Alert which was what I went to report at EFCC and was asked to be locked up for 24 days. IT SHALL END IN PRAISE! The experience while in there was a tremendous BLESSING FOR ME. THANKS FOR STANDING FOR ME AND WITH ME SIRS AND SISTERS. MOU.

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NBA, EBF, Igbo Lawyers Ask EFCC to Release Ubani

The Economic and Financial Crimes Commission (EFCC) has come under a flurry of attacks as the Nigerian Bar Association (NBA) and other groups of lawyers demanded immediate release of former NBA 2nd Vice President, Mr. Monday Ubani.

An ardent social critic, Ubani has been in EFCC custody for about three weeks for allegedly standing surety for his client and former Nigeria Social Insurance Trust Fund (NSITF) chief executive, Dr. (Mrs.) Ngozi Olejeme.

In a statement signed by its National Publicity Secretary, Mr. Kunle Edun, NBA described Ubani’s continued detention notwithstanding a court order for his release as “a gross violation of his constitutional rights to personal liberty. “

Noting that “Democracy thrives only where there is a culture of respect for rule of law and due process by all persons,” the lawyers’ body said: “The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.”

In a similar vein, Otu Oka Iwu (Law Society), the umbrella body of Igbo lawyers noted that “It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court.”

In a statement by its President, Chief Chuks Ikokwu, the influential body of Igbo lawyers said: “It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?”

On its part, the Eastern Bar Forum (EBF) also chided the EFCC for its continued detention of the former NBA chieftain. In a statement signed by its Pulicity Secretary, Mr. George Fortune Igbikikuno, the EBF stated that “Nigeria is in a constitutional democracy where respect for rule of law reigns supreme,” adding: “The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.”

Below are the statements:


NBA CONDEMNS THE UNLAWFUL DETENTION OF MONDAY UBANI BY EFCC AND DEMANDS FOR HIS IMMEDIATE RELEASE

The attention of the President of the Nigerian Bar Association, Paul Usoro, SAN has been drawn to an order of Honorable Justice Sylvanus Oriji of the Federal High Court wherein His Lordship, on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome, SAN directing the Economic and Financial Crimes Commission to charge, Monday Ubani, a former 3rd Vice President of the Nigerian Bar Association (NBA) and his co-applicant to court on or before Friday, 28/3/2019.

The court in the alternative, ordered that

“If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail”

It has been 3 days after the order of the court was made and the EFCC, has characteristically shown daring disobedience to the orders of the court by refusing to release Monday Ubani on bail or charge him to court before the 28/3/201.

By the provisions of Section 1(1) of the Constitution of the Federal Republic of Nigeria, the provisions of the Constitution of the Federal Republic of Nigeria is supreme and binding on all persons and institutions in Nigeria.

By the further provisions of Section 35 (4) of the 1999 Constitution “ Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.”

Mr. Monday Ubani still remains in the unlawful custody of the EFCC for more than three weeks, which is a gross violation of his constitutional rights to personal liberty.

Democracy thrives only where there is a culture of respect for rule of law and due process by all persons. The EFCC, being a product of law, must also be subject to the laws of the Federal Republic of Nigeria, and therefore, cannot be above the law. The agency’s penchant for disobedience to orders of court is an ominous threat to rule of law and impacts negatively on Nigeria’s investment environment.

The Nigerian Bar Association, therefore, demands that the EFCC immediately complies with the subsisting order of the Federal High Court by releasing Monday Ubani or charge him to court, if there is any reasonable cause to so do.

The Nigerian Bar Association also urges the President of the Federal Republic of Nigeria, Muhammadu Buhari to closely monitor the activities of security agencies, like EFCC and DSS, and ensure that they obey the fundamental rights of Nigerians and respect the Constitution of the Federal Republic of Nigeria in the performance of their functions.

Kunle Edun
National Publicity Secretary, NBA.

OBEY COURT ORDER, RELEASE UBANI NOW – IGBO LAWYERS TELL EFCC


The Otu Oka Iwu (Law Society) has watched with dismay the flagrant disregard of a valid and subsisting court order and the 1999 Constitution by the Economic and Financial Crimes Commission (EFCC) led by its Acting Chairman, Mr. Ibrahim Magu.

It is recalled that Justice Sylvanus Oriji of the Federal High Court had in a ruling on March 26, 2019 granted an ex-parte motion filed by Chief Mike Ozekhome SAN directing the EFCC to charge former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani and his co-applicant to court “on or before Friday, 28/3/2019.”

The court in the alternative ordered that “If the Applicants are not charged to court on or before 28/3/2019, EFCC is directed to release them on bail” upon fulfillment of some listed conditions.

It is a matter of deep concern and national embarrassment that the EFCC has chosen to brazenly disobey this order of the court. It has neither charged the former NBA Vice President to court nor granted him any administrative bail.

Aside from the EFCC and its leadership being in clear breach of the extant order of the Federal High Court, the continued detention of Mr. Ubani also violates Section 35 (4) of the 1999 Constitution which provides that “Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.” The maximum detention period is 48 hours, except extended by a competent court. Mr. Ubani has been in EFCC custody for about three weeks.

It also violates the detainees’ right to dignity of human persons, right to personal liberty, and right to freedom of movement as set out in sections 34, 35 and 41 respectively of the 1999 Constitution.

This culture of impunity as consistently exhibited by EFCC and its leadership continues to ridicule Nigeria in the comity of nations and sabotage efforts at attracting foreign direct investment. Investors only go to jurisdictions where the rule of law and respect for human rights are guaranteed while shunning countries where ‘rule of men’ predominate.

It is even more worrisome that this blatant disobedience of a valid court order by the Magu-led EFCC is coming on the heels of serial disobedience of court orders by the Federal Government directing the release from custody of former National Security Adviser, retired Col. Sambo Dasuki and leader of Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky and his wife. Is Mr. Magu merely taking a cue from the Federal Government?

We note that by the continued disobedience of the order of Federal High Court, Mr. Magu and the EFCC have displayed utter contempt for our courts and the country’s judicial system. It is ironic that these are the same courts the EFCC routinely runs to for orders which they zealously implement in the discharge of their mandate under the EFCC Act. It is not for EFCC and its leadership to pick and choose which court orders to obey or disregard. That is an invitation to anarchy. What is more, he who comes to equity must come with clean hands.

It is further recalled that the courts have severally cited the EFCC and its chairman for contempt, even as stiff damages have been awarded against the commission, thereby dissipating scarce public resources.

It is more worrisome that Mr. Ubani, an ardent critic, activist and social crusader, was asked to personally take his client on bail by Mr. Magu, the EFCC having rejected top civil servants it earlier demanded. Was this a ploy to silence the former NBA chieftain and unrelenting social critic?

Also, the fact that EFCC is apparently complicit in the alleged disappearance of Mr. Ubani’s client further questions the modus operandi and institutional integrity of the anti-graft agency. This follows Mr. Ubani’s posers thus: “Why will EFCC from another unit (Enugu) invade the home of a suspect (Dr. Mrs. Olejeme) who is on bail with them, more so when the matter they came for is purely a civil matter which was already in court? Why the long wait to charge a woman whom EFCC declared wanted since last year and who came back in December and was granted bail early January and up to now, no charge? Was this issue of rejecting valid sureties and insisting that I should be the one to stand for her a ploy to embarrass me for bringing the woman back from abroad to respond to her charges? Why am I being asked to produce her when it is the same EFCC that invaded her home when she was under bail? It is pertinent to point out that later in the day, the investigating officer in Abuja confirmed that the EFCC officials who came from Enugu got permission from the Acting Chairman (Magu) to come and arrest Dr. Olejeme. These and many other questions demand answers!”

We demand immediate release of Mr. Ubani and his co-applicant in line with the subsisting order of the Federal High Court.

Further, we demand a high-powered judicial enquiry into the allegations of complicity and dereliction of duty leveled against the EFCC and its leadership. The time to sanitize EFCC and rid it of corruption is now! Enough is enough!

We urge the Federal Government to take immediate steps to ensure that EFCC does not derail its avowed commitment to the rule of law and respect for fundamental rights of citizens. This has become more pressing given the presence of many senior lawyers including Vice President Yemi Osinbajo SAN in the Buhari Administration.

The EFCC’s Gestapo-style regime of holding citizens for weeks and months without trial and at times without valid court orders must stop. Nigeria is not a banana republic. Attempts by institutions of state to ridicule the country and make it seem like a lawless fiefdom must be resisted by all citizens and the international community.

Signed
Chief Chuks Ikokwu
President
Otu Oka Iwu (Law Society)
01/04/2019

RELEASE MONDAY ONYEKACHI UBANI, ESQ AND HONOURABLE CHRISTOPHER ENAI ON BAIL!!!

The Governing Council and distinguished learned members of the Eastern Bar Forum ably led by Chief Arthur Elvis Chukwu, Esq., ACIArb., KSJI., hereby lend its voice and support to the order of the High Court of the Federal Capital Territory Abuja that the Economic and Financial Crimes Commission that is currently keeping in its custody Monday Onyekachi UBANI, Esq and Honourable Christopher Enai since 19/03/2019, bring them before a court of law charged with the offences they are alleged to have committed or release them on bail as already ordered by the court. Nigeria is in a constitutional democracy where respect for rule of law reigns supreme. The EBF seriously deprecates the EFCC’s disobedience to court order and urges it to do the needful.

George Fortune Igbikikuno Esq., Publicity Secretary, EBF.

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NBA ELECTIONS: EFCC GRILLS MAHMOUD, YADUDU TODAY

The last may not have been heard on the controversial Nigerian Bar Association (NBA) Elections as the Economic and Financial Crimes Commission (EFCC) will today grill former NBA President, Mr. Abubakar Mahmoud SAN and Electoral Committee of the NBA (ECNBA) Chairman, Prof. Auwalu Yadudu on their roles in the elections. Also to answer queries from a battery of EFCC operatives is ECNBA Secretary, Mr. Bolaji Agoro.

According to an impeccable source who is familiar with the investigation, though the EFCC operatives had earlier scheduled to interview the trio before now, they had requested that the interviews be done in Abuja.

“EFCC turned down the request,” the source told CITY LAWYER. “Instead, it opted to reschedule the interviews to Friday, 24th January, 2019.”

CITY LAWYER also gathered that the anti-graft agency has invited over 50 other lawyers from several NBA branches to its office in its bid to unravel allegations of rigging and sundry infractions during the elections. The investigation is being conducted by EFCC’s Cybercrime Unit.

It is recalled that the EFCC had barely a month after the elections requested a certified true copy of the list of eligible voters for the poll from CHAMS Plc, one of the ICT firms that conducted the elections.

In a letter to the ICT company dated 10th September, 2018 with reference number CR:3000/EFCC/LS/STF/STF3NBA/VOL.7/382, the EFCC stated: “This commission is investigating a case of conspiracy and Cyber Crime in respect of the above-mentioned election featured.”

Signed by its Zonal Head, Mr. Akaninyene Ezima and titled “Investigation activities, Re: 2018 Nigeria Bar Association elections,” EFCC stated that the request was made pursuant to Section 38(1) of the Economic and Financial Crime Commission (Establishment) Act, 2004 and Section 21 of Money Laundering (Prohibition) Act, 2011 as amended.

In the letter to the managing director of CHAMS Plc, the anti-graft agency further stated: “In view of the above, you are requested to avail us with certified true copy of the list of all eligible voters to include but not limited to Name(s), Phone Number(s), Email Address(es), Branch(es) and Voters ID.

“Any other information that may assist the Commission in its investigation.”

Mr. Paul Usoro SAN was declared elected as NBA President by the ECNBA. Usoro polled 4, 509 votes to beat Chief Arthur Obi Okafor SAN who scored 4, 423 votes while Prof. Ernest Ojukwu (SAN) polled 3, 313 votes. Both Obi Okafor and Ojukwu rejected the results, alleging that irregularities marred the elections.

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‘STEP ASIDE NOW,’ OJUKWU TELLS USORO

Nigerian Bar Association (NBA) chieftain, Prof. Ernest Ojukwu SAN has asked NBA President, Mr. Paul Usoro SAN to “step aside” from the exalted office and face the charges brought against him by the Economic and Financial Crimes Commission (EFCC). Continue Reading

BREAKING: SANs THWART EFCC’S BID TO ARREST USORO

The Economic and Financial Crimes Commission (EFCC) may have failed failed to arrest Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN today. Also, the arraignment earlier scheduled for today could not hold. Continue Reading

BREAKING: FRAUD CHARGE – USORO SHUNS EFCC

Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN may have called the bluff of the Economic and Financial Crimes Commission (EFCC) on service of the fraud charge on him. Continue Reading

FRAUD CHARGE: WE MUST STOP EFCC, SAYS USORO

Nigerian Bar Association (NBA) President, Mr. Paul Usoro (SAN) has urged lawyers to rise against the alleged incursion into the legal profession by the Economic and Financial Crimes Commission (EFCC). Continue Reading

BREAKING: EFCC TO ARRAIGN USORO DEC 10 OVER N1.4 BN FRAUD

The Economic and Financial Crimes Commission has filed a N1.4 billion fraud charge against the President of the Nigerian Bar Association, Mr Paul Usoro (SAN), at the the Federal High Court in Lagos.

Justice Muslim Hassan fixed December 10, 2018 for the EFCC to arraign Usoro, THE NATION reports.

The anti-graft agency, in a charge marked FHC/418c/18, alleged that Usoro, from Akwa Ibom, converted and laundered the money in connivance with the Akwa Ibom State Governor, Udom Emmanuel.

The charge sheet, signed by EFCC Counsel, Mr Rotimi Oyedepo, did not list Emmanuel as a defendant.

The EFCC indicated that he is “currently constitutionally immuned against criminal prosecution”. It did, however, mention four other defendants.

They are: Nsikan Nkan, described as Commissioner for Finance, Akwa Ibom State; Mfon Udomah, described as the Accountant-General of Akwa Ibom State; Uwemedimo Nwoko, described as the Akwa Ibom State Attorney-General and Commissioner for Justice; and Margaret Ukpe, all of whom are said to be at large.

The commission alleged that Usoro, in connivance with the others mentioned, conspired to commit the offence “sometime in 2015 within the jurisdiction of this honourable court”.

The anti-graft agency claimed that the N1.4bn belonged to the Akwa Ibom State Government.

According to Oyedepo, the offences were contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.

Though SAHARA REPORTERS wrote that Usoro was picked up yesterday and released on bail by the anti-graft body, this was disparaged by NBA Publicity Secretary, Mr. Kunle Edun who said Usoro was busy preparing to chair the NBA National Executive Committee (NBA-NEC) meeting holding tomorrow.

Reacting to a rebroadcast of the Sahara Reporters story by a legal blog, Edun said: “Pls, where did you get this information from. I have been in Abuja for the past two days. I was in Port Harcourt for SLP Conference on Monday. From Sunday till this moment I have been in contact with the NBA President.

“National officers had a meeting with him yesterday evening and left about few minutes past 12 am. I have seen Mr. President this morning. Presently he is in the office working hard preparing for NEC meeting.

“Pls, let us stop spreading false news. Away (sic) verify your facts before publishing. You could have easily reached me.
Your report is therefore false and should be retracted immediately. I hope you will also publish this refutal.”

Corroborating Edun’s account, another source who seemed abreast with Usoro’s itinerary wrote: “This is absolutely false. I was with the NBA President, Mr. Paul Usoro, SAN throughout yesterday, Tuesday, 05 December 2018 and at no point whatsoever was he arrested by the EFCC.

“The President left Abuja to Lagos on Monday, 03 December 2018, with Airpeace 1:20pm and returned to Abuja on Tuesday, 04 December 2018, with Azman 8am, for a workshop organised by the Nigerian Law Reform Commission.

“After the workshop, he was in the office (NBA National Secretariat) till about 12:03am where he had a long meeting with other National Officers of the NBA.

“Please see below, pictures of the NBA President, Mr. Paul Usoro, SAN chairing a session at the Workshop on Reform of the Value Added Tax Act, organised by the Nigerian Law Reform Commission yesterday, 04 December 2018, at Reiz Continental Hotel, Abuja.”

Former NBA Welfare Secretary, Mr. Adesina Adegbite was forced to intervene when his attention was called to the concerns generated on his whatsapp platform by the report.

He wrote: “My attention was just drawn to this by a senior lawyer and past General Secretary of the NBA.

“However, by the response of the National Publicity Secretary and as the Chief Administrator of this platform, I hereby demand an immediate retraction of this post right here on this platform.

“Pls let’s get our facts right before rushing to press with false/fake news. It does us as lawyers and our noble Association no good to tarnish its image with undignified posts like this.”

However, when a learned silk classified the report as “fake news,” fiery Bar activist, Dame Carol Ajie who recently fell out with the NBA President retorted: “You know I called owner of the link (blog) they picked my call and after listening to my question ref to confirm they said to me they have confirmed.

“You know it’s not been posted to OurCountryNigeria@yahoogroups.ca but when I see the charge sheet then I can share it. Response from Carol Ajie to my comment of ‘fake news.’ ”

As at the time of this report, the NBA is yet to issue any official statement rebutting the alleged arrest.

NBA ELECTIONS INVESTIGATION: CHAMS REPLIES EFCC

CHAMS Plc, the ICT Partner for the recently concluded Nigerian Bar Association (NBA) Elections, has responded to the query issued to it by the Economic and Financial Crimes Commission (EFCC) on the controversial elections. Continue Reading