Author: taiye agbaje

Alleged N1.84bn fraud: ICPC arraigns REA Finance Director, Sambo

Arraignment
By Taiye Agbaje

Abuja, June 24, 2024 (NAN) The Independent Corrupt Practices and Other Related Offences Commission (ICPC), on Monday, arraigned Abubakar Sambo, Director of Finance and Account of the Rural Electrification Agency (REA) for alleged fraud to the tune of N1.84 billion.

Sambo was arraigned before Justice Bolaji Olajuwon of a Federal High Court, Abuja on three-count charge for allegedly diverting the funds to personal accounts.

He, however, pleaded not guilty to the counts and ICPC’s counsel, Osuobeni Akponimisingha, prayed the court for a trial date.

But Sambo’s lawyer, Isiaka Dikko, SAN, informed the court of the defendant’s bail application which had already been filed.

Since Akponimisingha did not oppose the bail plea, Justice Olajuwon admitted Sambo.to a N200 million bail with two sureties in the like sum.

The judge held that the sureties must have landed property within the jurisdiction of the court with original certificates of occupancy (CofO) which must be deposited with the deputy chief registrar of the court.

She equally ordered that sureties to provide affidavits of their tax clearance in the last three years with a one passport photograph each.

Justice Olajuwon adjourned the matter until Oct. 17 for trial commencement.

The News Agency of Nigeria (NAN) reports that the anti-corruption commission had, in the charge marked: FHC/ABJ/CR/209/2024, sued Abubakar Abdullahi Sambo as sole defendant.

In the charge dated May 8 but filed May 10 by Akponimisingha, an Assistant Chief Legal Officer in the commission, the ICPC alleged that Sambo sometime in March 2023 or thereabout while being the Payment Finalizer on the Government integrated Financial Management Information System (GIFMIS) platform of REA did finalise the payment of the totai sum of N1.84 billion (N1,835,000,000.00).

It alleged that the funds were done in different tranches for the use of Henrrientta Onomen Okojie, Asuni Adejoke Aminat, Usman Kwakwa, Laure Shehu Abduilahi, Emmanuel Pada Titus and Musa Umar Karaye for a purported project supervision exercise without requisite approval, thereby contributing to the economic adversity of the REA.

The commission said the offence was contrary to and punishable under Section 68 of the Public Enterprise Regulatory Commission Act, CAP. P39, Laws of the Federation, 2004.

In count two, Sambo was accused to have used his access password to access the REA’s GIFMIS platform and finalised the payment of the sum of N1.84 billion in different tranches for the use of Okojie, Aminat, Kwakwa, Abdullahi, Titus and Karaye for a purported project supervision exercise without authority.

The offence was said to be contrary to and punishable under Section 6(4) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015.

In count three, Sambo was alleged to have conferred corrupt advantage on Okojie, Aminat, Kwakwa, Abdullahi, Titus and Karaye when he used his access password to access the REA’s GIFMIS platform and finalised the payment of N1.84 billion in different tranches for their use for a purported project supervision exercise without requisite approvals.

The ICPC said the offence contrary to and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

NAN reports that Justice Emeka Nwite of a sister court had earlier ordered the remand of Karaye, Titus and Okojie after they were arraigned by the ICPC on separate four-count charge preferred against them.

While Karaye and Titus were arraigned before Justice Nwite on June 13, Okojie was arraigned on June 14.

However, the fourth official, Usman Ahmed Kwakwa, who was arraigned alongside on June 13, also on separate criminal charge before the judge, was granted N50 million bail on same day.

Meanwhile, after the arraignment of Karaye, Titus and Okojie, Justice Nwite ordered for their remand and fixed today for the ruling on their bail applications.

Upon resumed hearing on Monday, Justice Nwite equally admitted the trio to a N50 million bail with sureties in the like sum.

The judge, who ordered that the first surety must be a landed property owner with original CofO within the jurisdiction of the court, directed that the documents should be deposited with the deputy chief registrar of the court.

He held that the second surety must be a responsible citizen and must sworn to an affidavit of means.

Nwite adjourned the matter until July 10 for trial.

In the charge marked: FHC/ABJ/CR/203/24 filed against Okojie, she was alleged to have in count one, sometime in March 2023 or thereabout, with intent to defraud the REA, received the sum of N342 million in different tranches through her Access Bank Account: 0009022275 under the false pretence of project supervision.

The offence is said to be contrary to Section 1(1)(a) and punishable under Section 1(3) of the Advance Fraud and Other Fraud Related Offences Act, 2006.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza

Copyright Infringement: Musician kicks as AGF takes over MTN criminal trial

Trial

By Taiye Agbaje

Abuja, June 22, 2024 (NAN) A musician, Maleke Moye has alleged injustice in the directive by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, for a take over of the ongoing trial of MTN Nigeria and its CEO, over alleged copyright Infringement.

The musician said that the minister’s directive for the prosecuting agency, Nigeria Copyright Commission (NCC), to hands off the trial and forward the case file to his (AGF) office portends impending dangerous precedence.

Moye’s position is contained in a press release issued by his lawyer, Rockson Igelige, which was made available to newsmen on Saturday in Abuja.

It will be recalled that NCC filed criminal charges against MTN Nigeria Communications Ltd, Karl Toriola, its Chief Executive Officer (CEO), Nkeakam Abhulimen, Fun Mobile Ltd. and Yahaya Maibe alleging copyright infringement.

In the three-count charge, before a Federal High Court, Abuja, NCC alleged that the defendants, between 2010 and 2017 “offered for sale, sold and traded for business’’, infringed musical works of Moye without his consent and authorisation.

The commission alleged that the defendants used musical works and sound recordings of Moye with subsisting copyright, as Caller Ring Back Tunes, without the authorisation of the artiste.

According to NCC, the alleged offences are contrary to and punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.

At the last hearing in the trial before Justice Inyang Ekwo on June 15, NCC prosecution lawyer, Gladys Ojo had accused MTN Nigeria’s CEO, Toriola, of evading service of court documents

However, in a letter dated June 19, referenced DPPA/JACK/271/24, the AGF, through the office of the Director of Public Prosecution, directed the NCC to “promptly” hands off the trial, forward the case file and court processes to his office.

According to the AGF, the decision was taken, following a petition by MTN Nigeria and its CEO, and in line with Section 174 (1) (b) of the1999 Constitution, relating to entry of “Nolle Prosecui” in a criminal matter.

The section provides: “The Attorney-General of the Federation shall have power – (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.”

Section 174 (3) further provides that, “In exercising his powers, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process”.

In a copy of the petition by the MTN Nigeria to the AGF, dated May 14, obtained by the News Agency of Nigeria (NAN), the company alleged that the charge was constituted to smear and embarrass MTN and its CEO.

MTN through its lawyer, Ogden Alade contended that the criminal charge was calculated to “harass embarrass and force the hands of its clients to do the bidding of the musician by paying hundreds of million of Naira for alleged act of infringement”

MTN said it complied with the provision of applicable laws in the musician songs and did not connive with any person to defraud or violate the right of the musician

The company added that it had indicated its goodwill and readiness to settle the case amicably under just and fair circumstances without undue pressure and influence, as well as prejudice to its rights and defence.

MTN said there is an ongoing civil suit on the alleged copyright infringement where the musician is seeking damages of N500 million, before another Federal High Court.

“The prosecution of the case and trial of MTN and its CEO will erode the corporate image of MTN and depletes its profitability, thereby affecting its share price in the Nigeria’s stock market and taxes payable to the Federal Government by the company.

“It will also discourage foreign investment for fear of harassment

“It is in the light of this, that we wish to crave the kind indulgence of your good office in critically examining this matter and exercising your powers under Section 174 of the 1999 Constitution in the overall interest of justice and to prevent abuse of legal process,” the letter read in part.

Reacting to the decision of the AGF to the MTN petition, the musician alleged that the minister used his office ‘as a tool for oppression against an ordinary Nigerian”.

“While we concede that the AGF is empowered under the law as the Chief Law Officer, to discontinue any criminal trial, we also know that the sacred trust vested in the AGF must not be abused.

“The responsibility of entering a ‘nolle prosequi’ must actually be exercised justifiably.

“Sadly in this instance, there is no justification, whatsoever, for the AGF to thwart the prosecution of MTN.

“The case, indeed, serves the crucial purpose of giving justice to Mr Moye who has expended time resources and energy to create a work of art which MTN and its cronies have willfully stolen and appropriated the income to themselves,” Moye’s lawyer said.

He called on the AGF to allow justice to take its course and direct MTN to present its case in court.

According to him, doing otherwise would suggest that the AGF did not trust the Federal High Court, where the matter is pending, to do justice in the case. (NAN) (www nannews.ng)

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Edited by Rotimi Ijikanmi

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Binance: EFCC continues criminal charge against Gambaryan

Charge

By Taiye Agbaje

Abuja, June 20, 2024 (NAN) The Economic and Financial Crimes Commission (EFCC), on Thursday, continued with its alleged money laundering charge preferred against Tigran Gambaryan, an executive of Binance Holdings Ltd at a Federal High Court, Abuja

The criminal charge continued before Justice Emeka Nwite inspite of  the withdrawal of a charge by the Federal Inland Revenue Service (FIRS) against Gambaryan in the alleged tax evasion case filed against him and the cryptocurrency exchange platform.

The News Agency of Nigeria (NAN) reports that while the EFCC filed a five-count charge against Binance and Gambaryan, FIRS filed a four-count charge against the duo.

The anti-graft agency had accused Binance and Gambaryan of money laundering involving $35.4 million.

Besides, the company was under suspicion of alleged terrorism financing.

NAN reports that Justice Nwite had, on Friday, discharged the detained Gambaryan and his fleeing colleague, Nadeem Anjarwalla, from the alleged tax evasion charge.

The judge made the decision in a short ruling following a fresh amended charge filed by the FIRS in view of a notice from Binance about its appointment of a Nigerian representative, Mr Ayodele Omotilewa, to oversee its affairs in tye country.

However, expectations were high prior to today’s proceedings that the anti-graft agency would follow suit.

But at the resumed hearing, the EFCC’s lawyer, informed the court that the matter was slated for the defence to cross-examined the agency’s first prosecution witness (PW1), Mr Abdulkadir Abbas, a Director with the Security and Exchange Commission (SEC).

Then Gambaryan stepped forward into the dock.

While being cross-examined by counsel for the 1st defendant (Binance), Mr Babatunde Fagbohunlu, SAN, Abbas testified against Binance and Gambaryan.

The witness, who is Director of Registration, Exchanges and Market Infrastructure Department at SEC, stated that a private company that wants to raise capital from the public in Nigeria, must become a Public Limited Company (PLC) before it can engage in IPO (Initial Public Offer).

He, however, said that Binance did not even registered with his office in the first place.

He said the SEC’s regulations mandated it to oversight on all Bitcoin trading platforms under the Nigeria law.

Justice Nwite adjourned the matter until June 21 for continuation of cross-examination.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza

Court adjourns council crisis suit against UniAbuja VC for judgment

Judgment
By Taiye Agbaje

Abuja, June 20, 2024 (NAN) A Federal High Court in Abuja on Thursday, adjourned a suit filed against the Vice Chancellor (VC) of the University of Abuja, Prof. Rasheed Na’Allah, for judgment.

Justice Inyang Ekwo adjourned the matter for judgment after counsel for the plaintiffs, Maxwell Opara, and Na’Allah’s lawyer, Ogwu Onoja, SAN, adopted their processes and argued their case for and against the suit.

Justice Ekwo, who adjourned the case, said a date for judgment would be communicated to parties.

“If I am unable to give you judgement before vacation, then if 1 have your consent, I can apply for the fiat from the Chief Judge of Federal High Court to deliver the judgement during vacation,” he said.

The News Agency of Nigeria (NAN) reports that the plaintiffs; Prof. Saint Gbilekaa, Prof. Edmund Nwanna, Prof. Sunday Ejaro, Prof. Kasim Umar, Prof. Wesley Nafarnda and Dr Uju Patrick, had filed the suit marked: FHC/ABJ/CS/683/2024.

The six aggrieved senior lecturers sued the VC; President, Federal Republic of Nigeria; Attorney-General of the Federation (AGF) and National Universities Commission (NUC) as 1st to 4th defendants respectively.

In the originating summons, they prayed the court to determine whether having regard to Section 2A, 2 (3) of the Universities (Miscellaneous Provisions) (Amendment) Act 2003 (otherwise called the Universities Autonomy Act No. 1, 2007), it is lawful and valid for Na’Allah to arbitrarily call for the conduct of fresh Senate and Congregation council members elections while the last elected members’ four years tenure is still valid and subsisting.

They, therefore, sought an order of injunction restraining the VC from taking any steps towards conducting any fresh election for Senate and Congregation Council members until the elapse of the last elected members’ four years tenure which would elapse on July 15, 2025.

However, the plaintiffs alleged that while the matter was still pending before the court, Na’Allah, on May 28 conducted another election for the Governing Council members of the institution.

Against this backdrop, the aggrieved lecturers, through their lawyer, Opara, filed an ex-parte motion to stop the inauguration of the newly elected council members.

In the motion ex-parte dated and filed June 5, they sought seven reliefs, which include an order of interim injunction directing all parties to maintain status quo ante bellum pending the determination of the motion on notice.

They also sought an order of interim injunction restraining the 1st defendant (VC) and others from conducting any inauguration of the newly elected internal council members of the university pending the determination of the motion on notice, among other reliefs.

Justice Ekwo had, on June 7, ordered Na’Allah to appear before the court on June 13 to show cause why the planned inauguration should not be stopped.

The VC, through his lawyer, Onoja, in compliance with the order, they filed on June 11, filed an affidavit to show cause dated June 11.

He equally filed a counter affidavit and a notice of preliminary objection urging the court to dismiss the suit for lacking in merit.(NAN)(www.nannews.ng)
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Alleged money laundering: Court adjourns Ali Bello, co-defendant’s trial

Adjournment

By Taiye Agbaje

Abuja, June 20, 2024 (NAN) A Federal High Court in Abuja on Thursday adjourned an amended money-laundering charge preferred against Ali Bello and his co-defendant, Daudu Sulaiman, by the Economic and Financial Crimes Commission (EFCC) until July 15.

Justice James Omotosho adjourned the matter for trial continuation after the EFCC’s witness, Olom Otane Egoro, an Access Bank staff, was cross-examined by the defence counsel.

It would be recalled that on Ma 6, EFCC counsel, Rotimi Oyedepo, SAN, had presented Egoro from the Compliance Unit of the bank as the 6th prosecution witness (PW6) of the commission.

The banker, while being led in evidence, had told the court that the EFCC, via a letter, requested for the bank statements of the Kogi Government House, for the period of 2018 to 2021.

He said the commission also asked for other documents, including the account opening mandate for the account and certificate of compliance in respect of the printouts.

The witness thereafter went through the statement of account, detailing the various deposits into and withdrawals from same via transfers and cash.

From his evidence, Egoro had said the withdrawals were N10 million each in different tranches.

The witness, however, did not state who deposited the monies, what the monies were deposited for or who withdrew the same and for what purpose before concluding his testimony in the last adjourned date.

Oyedepo had tendered the documents through the witness and were admitted in evidence accordingly and today was fixed for cross-examination.

However, during the cross-examination by Abubakar Aliyu, SAN, counsel for the 1st defendant (Ali Bello) on Thursday, Egoro admitted there was no lodgement or withdrawal linked to Bello in the exhibit before him.

The witness equally admitted that the staff of compliance unit of the bank are not the ones that run and maintain the servers of the bank where information on bank transactions are generated from.

He added that it was the duty of the bank’s ICT Department to manage the bank servers.

Lawyer to the 2nd defendant (Suleiman), Olusegun Jolaawo, SAN, equally cross-examined the PW6.

After the defence counsel completed their cross-examination, Justice Omotosho discharged Egoro from the witness box and adjourned the matter until July 15 and July 16 for trial continuation.

It would be recalled that Ali Bello and Dauda Suleiman, in the charge marked: FHC/ABJ/CR/550/2022, are standing trial on a 10-count charge bordering on money laundering brought against them by the anti-graft agency.(NAN)(www.nannews.ng)

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Court dismisses suit seeking removal of EFCC’s chairman, Olukoyede

Judgment

By Taiye Agbaje

Abuja, June 19, 2024 (NAN) A Federal High Court, Abuja, on Wednesday, dismissed a suit seeking the sack of Mr Ola Olukoyede as the Chairman of the Economic and Financial Crimes Commission (EFCC).

Justice Obiora Egwuatu, in a judgment, dismissed the suit on the grounds that the applicant lacked locus standi (legal right) to institute the case.

The News Agency of Nigeria (NAN) reports that an Abuja-based legal practitioner, Mr Victor Opatola, had filed the suit against President Bola Tinubu over his appointment of Olukoyede as EFCC’s chair.

Opatola, in the suit had challenged the validity of the appointment on the grounds that Olukoyede did not meet the years of service required by law for the office of chairman of the anti-graft agency.

He had listed the President of Nigeria, National Assembly, Attorney-General of the Federation (AGF) and Olukoyede as 1st to 4th respondents respectively, in the suit marked: HC/ABJ/CS/1403/2023.

However, the respondents prayed the court to dismiss the suit for lacking in merit.

Olukoyede, who was represented by Olumide Fusika, SAN, in the last adjourned date, challenged the legal authority of the plaintiff to institute the suit in the first instance.

Besides, Olukoyede claimed that he is eminently qualified to occupy the office of EFCC Chairman, having served as secretary of the commission, a grade Level 17 position, which is higher than the rank of an Assistant Commissioner of Police, a grade Level 14 position.

He accordingly asked the court to dismiss the suit.

After listening to all parties in the suit, Justice Egwuatu had adjourned until today for judgment.

Opatola had, among others, raised for determination: whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who has not fulfilled the conditions of the Act can be validly appointed as EFCC chairman.

He also asked the court to determine whether by the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the person appointed to the office of the chairman of the EFCC can be said to be above the rank of assistant commissioner of police or its equivalent.

“Whether by the true construction and interpretation of Section 2(1)(a) (iii) of the EFCC Act 2004, the interpretation of subsection (iii) should be read disjunctively of subsection (ii) of the act in a manner that Olukoyede, who was appointed to the office of the chairman of EFCC can be said to have 15 Years of cognate experience in any field outside the government security or law enforcement agency.(NAN)(www.nannews.ng)

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Alleged cocaine deal: Court denies Abba Kyari, others’ bail plea

Ruling

By Taiye Agbaje

Abuja, June 19, 2024 (NAN) A Federal High Court, Abuja, on Wednesday, refused to grant bail to the suspended DCP Abba Kyari and four other police officers charged with alleged drug trafficking.

The News Agency of Nigeria (NAN) reports that other defendants in the charge marked FHC/ABJ/57/2022, are four members of the disbanded Police Intelligence Response Team (IRT), including Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu.

Justice Emeka Nwite, in a ruling, held that the defendants had not placed sufficient materials before the court to warrant granting the request.

Justice Nwite said that granting bail was at the discretion of the court which must be exercised judicially and judiciously.

NAN reports that the suspended IRT boss was detained following his arrest on Feb. 14, 2022 by the National Drug Law Enforcement Agency (NDLEA) for alleged involvement in cocaine deal.

Kyari, along with four suspended officers, was arraigned on March 7, 2022.

Two suspected drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were arrested at Akanu Ibiam International Airport in Enugu, were also charged.

While Kyari and the IRT members pleaded not guilty, Umeibe and Ezenwanne pleaded guilty and were convicted.

Meanwhile, Kyari, in his fresh application for bail, said he had spent two years in pre-trial detention by March 7, far in excess of one year which the Administration of Criminal Justice Act (ACJA), 2015 deemed exceptional circumstances, even for person charged with capital offence.

Citing Section 161(2)(b) and (c) of ACJA, Kyari, through his lawyer, argued that this development was thus a core consideration for the purpose of the exercise of court’s discretion to either grant or refuse bail.

He also argued that the facts and circumstances stated in the earlier rulings of the court as necessitating the refusal of his bail application no longer existed as 15 out of 16 of the prosecution witnesses had already testified, citing Section 124(1)(b) of the Evidence Act, 2011.

He further argued that his continued detention violated his fundamental human rights.

Delivering the ruling, Justice Nwite held that the discretion of the court remains throughout the course of trial in a criminal case which can always be exercised to meet the merit and justice of each case.

He said the paramount considerations in the exercise of the discretion are for the defendants to answer to their charges without jumping bail, and not to be in a position to interfer with investigation or tamper with prosecution witnesses, thereby, undermining the administration of criminal justice and constitute a threat to wellbeing of the society by committing similar or other offences.

“The question begging for answer at this juncture is, having addressed these issues in the court rulings of 28th of March, 2022 and 30th of August, 2022, what has changed to distort my findings in the two rulings?,” he asked.

The judge said though Kyari stated in his affidavit that the trial had lasted for two years and that the prosecution had called 15 out of its 16 witnesses, he said Section 161 (2)(b)(c) cited by the applicant only talks about offence publishable with death penalty.

He said juxtaposing the section with Section 35(1) of the 1999 Constitution, one would see that there was no breach of the provisions of Section 161(2)(b)(c).

Justice Nwite held that “Section 35(1) stated that a person who is charged with an offence and has been detained in lawful custody and awaiting trial shall not continue to be kept in such detention for a period higher than the maximum period of imprisonment.

“It is not in dispute that the offence which the 1st defendant/applicant is charged carried a maximum punishment of 25 years.”

According to him, in other words, the one year stipulated in Section 161(2)(b) and (c) of ACJA, 2015 is of no moment in view of provision of Section 35(1) oh the 1999 Constitution (as amended)..

The judge said the constitution is supreme and its provisions shall have binding force on all authorities and persons.

Justice Nwite, therefore, held that, having addressed the issues in his earlier rulings, he was of the view that nothing had changed to distort his findings.

The judge, who refused the bail application for Kyari, including other suspended police officers, sustained his earlier order on accelerated hearing.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza

Erisco controversy: Again court adjourns Okoli’s trial until Sept. 26

Adjournment
By Taiye Agbaje

Abuja, June 19, 2024 (NAN) A Federal High Court in Abuja on Wednesday, adjourned the trial of Mrs Chioma Okoli, charged with allegations bordering on her online commentary on Erisco Foods Limited’s tomato paste, until Sept. 26.

Justice Peter Lifu adjourned the matter following a letter by the defence lawyer, Inibehe Effiong, informing the court that he would not be able to attend the proceeding.

Counsel to the prosecution, Adam Sani, who acknowledged Effiong’s apology, did not oppose the application and the judge adjourned the matter until Sept. 26.

The News Agency of Nigeria (NAN) reports that the court had, on June 13, adjourned the case until today because the trial judge went on an official assignment.

NAN reports that Mrs Okoli was, on May 31, admitted to N5 million bail with two sureties after spending few days in a correctional centre following her arraignment on two counts on May 28.

Okoli is being charged over her online commentary on Erisco Foods Limited’s tomato paste which the police alleged violated the Cybercrime Act, 2015.

She pleaded not guilty to all the counts.

The police had alleged that initial investigations revealed significant evidence suggesting Okoli’s involvement in breaking existing laws, especially concerning the appropriate use of cyberspace.

On Sept. 17, 2023, Okoli shared a Facebook post stating that she purchased Nagiko Tomato Mix from Erisco Foods, the day before and found it utterly sugary.

She mentioned that she normally buys Gino or Sonia brands, but they were out of stock.

Her post generated reactions and forced the management of the company to involve the police through a petition to the I-G.

The controversy also prompted scrutiny of the product’s registration, prompting the National Agency for Food and Drug Administration and Control (NAFDAC) to carry out an inspection on the Erisco Foods’ Nagiko Tomato Mix’s registration in 2021.(NAN)(www.nannews.ng)
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Alleged Terrorism: Nnamdi Kanu seeks out-of-court settlement

Terrorism
By Taiye Agbaje

Abuja, June 19, 2024 (NAN) The leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Wednesday, indicated his interest to explore out-of-court settlement in the alleged terrorism charge preferred against him by the Federal Government.

Kanu’s lead counsel, Aloy Ejimakor, told Justice Binta Nyako of a Federal High Court, Abuja upon resumed trial in the matter.

Ejimakor told the court that he had discussed the matter with the lawyer to the Attorney-General of the Federation (AGF), Chief Adegboyega Awomolo, SAN, in the last adjourned date.

But Awomolo said though Ejimakor had a discussion with him on the issue, the senior lawyer said he bluntly told him to approach the AGF who had the power to initiate the idea.

According him him, I have not been instructed or authorised to do so.

Earlier when the matter was called, Awomolo informed the court that the matter was scheduled for trial.

He said he was ready to proceed as their witnesses were in court.

Ejimakor then informed the court that he had two applications before the court.

The lawyer said one was Form 49 application seeking the committal of the director general of Department of State Service (DSS) to prison for alleged disobedience to court orders

He said the second was the application challenging the jurisdcition of the court.

He said the DSS had not fully complied with the orders of the court as their visit to Kanu was still being bugged.

Ejimakor, however, said in their last visit to Kanu on Monday, there was considerable improvement in the way they were treated by the security agency.

He said he and his colleagues were granted access into the facility and they were given papers to take note.

The lawyer, however, insisted that the service had not obeyed the order directing them to give Kanu a “safe room,” to meet with his lawyers.

Ejimakor expressed concern that the room the DSS gave them to meet with their “client is bugged.”

He, therefore, urged the court to invoke Section 17 of the Federal High Court Act, which he said, provides for “reconciliation” and facilitation of amicable settlement in criminal or civil matters.

He claimed that he had, in the last adjourned date, discussed the proposition with Awomolo and that the senior lawyer told him the proper time for such issue had not come.

Responding, Awomolo said did not have the instruction of his client to embark on any negation with the defendant over the charge.

He said as a legal practitioner, he was only briefed to prosecute the matter.

“I told him to go to the AGF who has the power,” he said.

However, trial judge who observed that the court had no problem with exploring out-of-court settlement if the parties decided to do so, urged Kanu to approach the AGF who is the proper person to negotiate with.

On the issue of Form 49 application filed by Kanu, Justice Nyako held that application was not before her.

She said the matter would be looked into when the application Is brought before her.

The judge, however, ordered the DSS to provide an “unbugged space” for Kanu to meet with his lawyers each time they were at the facility to prepare for his defence.

She said the unbugged space could be a garden within the DSS premises where Kanu and his lawyers could discuss without any interference by the DSS operatives.

Meanwhile, Justice Nyako also dismissed a fresh application by Kanu challenging the jurisdiction of the court to entertain counts 1,2,3,4,5,8 and 15 for being unconstitutional.

The judge held that she cannot overruled herself on issues she had already resolved, adding that the only option left for the applicant was to proceed on appeal.

Justice Nyako equally ordered the prosecution to file and serve its prove of evidence on the defendant while the defendant should file his defecee pending the next adjourned date.

She ordered that the defendant should agree with the prosecution where there are no issues and state his objection where necessary.

Kanu, through his lawyer, had in the fresh application urged the court to quash the charges for being unconstitutional.

He argued that in five counts, the prosecution failed to indicate the exact location where Kanu’s alleged offensive broadcast occurred.

He had argued that the court lacked jurisdiction since the prosecution failed to show in the charge whether the alleged offensive broadcast was a punishable offence in Kenya or Britain, the two places where Kanu had been outside Nigeria before his rearrest.

The judge adjourned the matter until Sept. 24 for further hearing.

The News Agency of Nigeria (NAN) reports that the IPOB leader had been in the custody of the DSS since 2021, when he was re-arrested and brought back to continue his trial on allegedly treasonable felony and terrorism charge.

The court had, on May 20, refused to release him from custody on grounds that the DSS is the proper place for the defendant to be while the trial last.

The court, which declined Kanu’s application, ordered the DSS to grant Kanu unfettered access to his lawyers and fixed Wednesday for trial.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza