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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NBA ASKS OLANIPEKUN TO ‘STEP ASIDE’ AS BENCHERS CHAIR OVER LPDC PROBE

The Nigerian Bar Association (NBA) has asked its former President and current Chairman of the Body of Benchers, Chief Wole Olanipekun SAN to step aside from the office following a petition to the Legal Practitioners Disciplinary Committee (LPDC) demanding sanctions against him and partners in his law firm over alleged professional misconduct.

The Legal Practitioners Disciplinary Committee is an organ set up by the Body of Benchers to discipline legal practitioners.

In a statement personally signed by NBA President, Mr. Olumide Akpata, the association urged Olanipekun “to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.”

CITY LAWYER had in an exclusive report noted the petition by NBA to the LPDC where it not only demanded sanctions against Ms. Adekunbi Ogunde, a Partner in Wole Olanipekun & Co, for alleged solicitation of briefs from Saipem SPA, but invited the Committee to “consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.” Olanipekun is the Founding Partner of the law firm.

In the letter to Olanipekun dated July 22, 2022 and titled “RE: PETITION AGAINST MS. ADEKUNBI OGUNDE BY THE NIGERIAN BAR ASSOCIATION FOR ALLEGED PROFESSIONAL MISCONDUCT,” the NBA stated that it had petitioned the LPDC to penalize Ogunde “for engaging in conduct incompatible with her status as a legal practitioner and in flagrant disregard of our Rules of Professional Conduct which both the NBA and the Body of Benchers (BOB) are by their respective mandates bound to enforce as part of the disciplinary objectives of the legal profession. (Please find enclosed the Petition dated 19 July 2022).

“Ms. Ogunde, the subject of the Petition, as it turns out, is a Partner at the Law Firm of Wole Olanipekun & Co. where you are a Founding Partner and remain involved in the day-to-day running of the Firm. This dynamic creates an undeniable shared and intertwined professional relationship between your goodself and the said Ms. Ogunde. Indeed, in the said Petition, we have also asked the LPDC to “…consider whether the Partners of the Firm of Wole Olanipekun & Co. are not liable to be disciplined by this august body seeing that the Respondent has the ostensible authority to act as a Partner and indeed acted for and on behalf of the said Firm.

“As you know, the LPDC is a Standing Committee of the BOB whose processes come under the supervision of the Chairman of the BOB – an office which you currently occupy.

“Against the backdrop of your partnership relationship with Ms. Ogunde, vis-a-vis the prosecution of the petition by the LPDC, it is clear, albeit unfortunate, that you have been put in a situation where your continued occupancy of the office during this period would conflict, or be reasonably interpreted to conflict, with or influence the processes of the LPDC, by fair-minded observers and right thinking members of the public, both within and outside our profession. By reason of your close professional ties and involvement with Ms. Ogunde, it would be an infraction of the salutary principles of natural justice for the said Petition to be heard by the LPDC while you continue as Chairman of the BOB, of which the LPDC is a committee.”

Quoting Lord Denning, Akpata noted that justice must be rooted in confidence and that confidence is destroyed when right-minded people go away thinking that the Judge is biased, adding: “Consequent upon the above, I am constrained to invite you to recuse yourself from chairmanship of the BOB henceforth and to allow for the emplacement of an interim leadership of the BOB, in order to enable the LPDC carry out this particular assignment, amongst others, without coming under an undue suspicion of impartiality.

“As a beacon of Rule of Law and due process, the NBA must continue to demonstrate that it is committed to the vision of its founding fathers, especially in its internal affairs. This situation, therefore, puts our foundational ethos as an Association on the line, and I trust that as a former President of the NBA and a very respected senior member of the Bar, you will take the honourable path of stepping-aside in the interest of justice, fairness, and posterity.

“I am pained that I have to make this call, but in the circumstance, it is in the best interest of our Association and of the legal profession in Nigeria.”

It was unclear at press time whether Olanipekun has received the letter from NBA.

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PETITION: ‘ECNBA WILL CLEAR ME OF ALL CHARGES,’ SAYS OGBAH

Former Chairman of Nigerian Bar Association (NBA) Ota Branch, Mr. Isaac Omuta Ogbah has expressed confidence that the Electoral Committee of the NBA (ECNBA) will dismiss the petition written against him by an Abuja based senior lawyer.

Mr. Uche Amulu had in a petition to ECNBA urged the electoral committee to bar Ogbah from participating in the forthcoming NBA Elections. Ogbah is gunning for the post of NBA Third Vice President.

Amulu alleged that Ogbah engaged in “anti-Bar, in fact anti-lawyerly (sic), activities as he is not fit to be part of us, let alone leading the Bar,” adding that “Isaac Ogbah notoriously abuses the judicial process by a wanton mix of police oppression and running for cover using police prosecutorial powers as provided by law. He cannot be allowed to lead the Bar, as the damages he will cause with any little position are better imagined than felt.”

But in a rejoinder to the CITY LAWYER report, Ogbah urged the “general public, my friends and well wishers to disregard this libelous petition now written by the same Uche Amulu of counsel.”

Placing his confidence in the electoral committee, the Bar Leader said in the rejoinder made available to CITY LAWYER: “I have no doubt that members of the ECNBA, who are men and women of impeccable integrity and character, upon reviewing the whole facts of the case will find nothing against me and would certainly clear and certify me as fit and proper to contest as one of the candidates for the post of 3rd Vice President of the NBA.”

Noting that he “was never copied nor have I been served a copy of the said Petition either by the Petitioner or by ECNBA,” the aspirant assured that he would “take appropriate steps to respond to same officially and make copies of my response to ECNBA formally in the coming days.”

The former branch chairman stated that contrary to Amulu’s allegations, there was “a formal Police Report issued in our favor clearly exonerating us of ever committing any offence known to law,” adding that “upon the conclusion of the investigative activities by the DIG’s office whether or not there was in fact any alleged offences of armed robbery, kidnapping, stealing and armed robbery as alleged by the same Uche Amulu of counsel, the Legal Advise was to the effect that Uche Amulu, Celestine Eze and His company be prosecuted for deliberately writing a false petition alleging the above named offences, when they knew was never committed.”

He said the suspects “including the aforesaid Uche Amulu of Counsel are now standing trail (sic) before the FCT Magistrate court and for which I have given my evidence in chief and with the same Uche Amulu himself having personally commenced his Cross-Examination personally and the matter adjourned to 11th May, 2022 for continuation of hearing.”

Saying that he has briefed his solicitors “to take appropriate legal steps to address the Petition in issue and make necessary demands from the law firm cum author of the petition,” Ogbah noted that there is also a civil libel suit pending against Amulu and 2 others which comes up for trial on April 26, 2022 “regarding his libelous publications he had previously made against my person and that of my clients. Hence everyone can, in their own wisdom, judge and or make their own personal opinion as to why this petition has been written and the intent it is meant to serve.”

Below is the full text of Ogbah’s rejoinder.

Today, Saturday the 23rd day of April, 2022, my attention was drawn to a Petition written by the Law Firm of Greys & Acquisition Legal Practitioners and authored by one Mr. Uche Amulu, a legal practitioner wherein he alleged several defamatory things against my person and requested that I be disqualified by the ECNBA from contesting the position of the 3rd Vice President of the NBA.

Unfortunately I was never copied nor have I been served a copy of the said Petition either by the Petitioner or by ECNBA.

While I will take appropriate steps to respond to same officially and make copies of my response to ECNBA formally in the coming days, since the said libelous petition is now being circulated by the authors of the Petition and several Press Media outlets are reaching across to me so as to get my response, I am now constrained to respond as below so as to set the records straight

1. Sequel to the unlawful infringement of our Client’s registered Trademarks by some persons we were instructed to write a Formal Petition to the Police Authorities and who in their wisdom and acting under relevant powers conferred on them by law thought it fit to investigate same.

In the course of their investigative activities 2 suspects were arrested and incriminating products evidencing their criminal activities of infringing our clients’ registered trademark taken into custody by the investigation Police officers after the suspects had been granted bail.

2. Whereas the arrested suspects secured the services of reputable lawyers based in Lagos and Abuja to represent them, with one of such lawyers being a well known and renowned Senior Advocate of Nigeria 🇳🇬, attempts made by the suspects as well as their legal representatives to have the matter resolved out of court not yielding the desired results one Uche Amulu, also a lawyer, and who being very much seised of the facts of the case but who with intent to achieve whatever sinister motives of his, resorted to intentionally twist the facts of the case by writing a Petition to the Inspector General of Police (IGP) wherein he intentionally and falsely alleged that his clients, while traveling from Port Harcourt to Onitsha, were attacked by a group of about 7 armed robbers, who attacked and robbed them of their goods and personal effects as well stabbed and shot them with guns and also in the process kidnapped them until they were later released

3. They also alleged in their Petition that one of the phones alleged to have been stolen were tracked and found to be in our custody and as a result of the above said Petition the Inspector General of Police (IGP) directed that the IRT unit of the Police should carry out a discrete investigation of the said Petition, leading to my being arrested alongside one of my revered Client.

4. Upon the eventual investigative activities carried out by the various Police authorities that were involved in the whole process, below were the outcome of same, to wit:*

A. The IRT office concluded their investigation with the conclusion that none of the alleged offenses was ever committed by myself nor my clients as alleged by the Petitioners.

B. Consequently a formal Police Report issued in our favor clearly exonerating us of ever committing any offence known to law.

C. The office of the AIG Maritime also concluded their investigative activities and a formal legal advise issued to the effect that the suspects engaged in the unlawful infringement of my Client’s registered trademarks be prosecuted. They are presently standing trial before Court 6 of the Federal High Court sitting one Port Harcourt.

D. Also upon the conclusion of the investigative activities by the DIG’s office whether or not there was in fact any alleged offences of armed robbery, kidnapping, stealing and armed robbery as alleged by the same Uche Amulu of counsel, the Legal Advise was to the effect that Uche Amulu, Celestine Eze and His company be prosecuted for deliberately writing a false petition alleging the above named offences, when they knew was never committed.

All the suspects involved, including the aforesaid Uche Amulu of Counsel are now standing trail before the FCT Magistrate court and for which I have given my evidence in chief and with the same Uche Amulu himself having personally commenced his Cross-Examination personally and the matter adjourned to 11th May, 2022 for continuation of hearing.

It is also worthy of note that there is presently a civil suit of libel pending against Uche Amulu and 2 others and which comes up for trail on Tuesday, 26th April, 2022 regarding his libelous publications he had previously made against my person and that of my clients. Hence everyone can, in their own wisdom, judge and or make their own personal opinion as to why this petition has been written and the intent it is meant to serve.

I therefore sincerely urge the general public, my friends and well wishers to disregard this libelous petition now written by the same Uche Amulu of counsel. I have no doubt that members of the ECNBA, who are men and women of impeccable integrity and character, upon reviewing the whole facts of the case will find nothing against me and would certainly clear and certify me as fit and proper to contest as one of the candidates for the post of 3rd Vice President of the NBA.

Meanwhile I have briefed my solicitors to take appropriate legal steps to address the Petition in issue and make necessary demands from the law firm cum author of the petition and in the event of their unwillingness to retract and withdraw the libelous contents of the Petition now being published and circulating globally we will definitely seek legal redress from the law courts.

Once again, I remain yours and yours always.

Isaac Omuta Ogbah, FICMC

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