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N19.3bn bail-out saga: Kogi makes good it’s threats, drags EFCC to court

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***demands N35bn damages

The Kogi State Government has finally dragged the Economic and Financial Crimes Commission to court over unsubstantiated allegations that it fixed N19.3 billion bail-out funds received from the Federal Government.

This came as Justice J. Majebi of a Kogi State High Court also granted an interim injunction restraining the EFCC from issuing further official or unofficial publications over the issue involving a new generation bank (namewithheld) with Account No. 0073572696 or any other account purportedly belonging to Kogi State Government.

The Kogi State Government, Accountant-General of the State, Momoh Jibrin; and Commissioner for Finance, Budget and Economic Planning, Asiwaju Mukadam Asiru, were claimants in the suit, while the EFCC, a new generation bank and Central Bank of Nigeria were listed as defendants.

The state government is demanding:”the sum of N35 billion only as damages against the 1st defendant for the defamatory publication, titled, ‘Hidden N19.3 billion Kogi salary bailout funds returned to CBN’ made on November 19, 2021 on her Facebook page containing amongst others, false and unfounded allegations of N19.3 billion being returned from Kogi State bailout account, which portrays fraud and misappropriation of public fund against the claimant.”

The High Court granted the following: 

“An interim injunction restraining the 1st Defendant/Respondents, its allies, agents, representatives, associates or whoever is acting for them or through them from doing anything either by way of publication or print or electronic media or issuing any official or unofficial publication in any print or electronic media, including online publication on its website or social media, both locally and internationally, with respect to the issues involving Account No. 0073572696 or any other account purportedly belonging to the 1st Claimant/Applicant domiciled with Sterling Bank Plc or any other bank registered and operating in Nigeria pending the hearing and determination of the Motion on Notice for interlocutory injuction.

“An interim injunction restraining the 1st Defendant/Respondent, its allies, agents, representatives, associates or whoever is acting for them or through them from doing anything either by inviting officials of the 1st Claimant or requesting for any document with respect to the issue involving Account No 0073572696 or any other account purportedly belonging to the 1st Claimant/Applicant domiciled with Sterling Bank Plc or any other bank registered and operating in Nigeria or otherwise relating to or pertaining to the affairs of the 1st Claimant whatsoever or its employees, appointees or associates pending the hearing and determination of the Motion on Notice for Interlocutory injuction.”

The Motion on Notice shall be heard on December 17, 2021, according to the Court.

The plaintiff asked the Court to declare that the publication by the EFCC containing, amongst others, false and unfounded allegations of N19.3 billion being returned was defamatory of the character of the Kogi State government.

The Kogi government asked for “an order of this Court compelling the 1st Defendant to, within 48 hours of the order of this Court, publish in three national dailies, a retraction of her frivolous allegations and also tender unreserved apology to the Claimant for the defamatory publication written against the Claimant.”

While asking the Court to declare the publication as “misconceived, wrongful, illegal, null and void”, the plaintiff also asked the Court to declare that the conduct of the 2nd defendant (Sterling Bank) was wrong, illegal, null and void in opening a fixed deposit account number 0073572696 and naming it Kogi bailout account without an application, request, authority or consent of the government.

The Kogi State government had earlier threatened to take the EFCC to Court if the commission failed to retract and apologise over statements it continually made in the media with the aim of disparaging the state.

Particularly, the government said it could not understand how the EFCC kept attributing an account number to the state even after Sterling Bank had written to explain that there was never a time it gave the bank the mandate to open the said account.

It said it was also alarmed by what it described as “the falsehood in the activities of the EFCC claiming that N20 billion bailout funds, belonging to Kogi State, was hidden in a fixed deposit account with the said bank, which surprisingly now has a balance of less than the fixed N20 billion even after allegedly being kept for some years.”

Culled from the Vanguard

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EFCC to arraign Bello on Thursday over alleged N80.2b money laundering

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The Economic and Financial Crimes Commission, (EFCC) has indicated it will on Thursday, April 18, 2024 arraign a former governor of Kogi State,  Yahaya Adoza Bello before a Federal High Court sitting in Abuja.

The antigraft agency said Bello will be arraigned before Justice Emeka Nwite alongside three other suspects,  Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges bordering on money laundering to the tune of N80, 246,470, 088.88
The arraignment is being perfected following a warrant of arrest and enrolment order granted the EFCC by the court on Wednesday, April 17, 2024. 

Count one of the charges reads: That you, Yahaya Adoza Bello, Ali Bello, Dauda Suliman, and Abdulsalam Hudu( Still at large), sometime, in February, 2016, in Abuja within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of N80, 246,470, 088.88 which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity  to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering ( Prohibition) Act, 2011 as amended”.

Count 17 of the charges read: “That you Yahaya Bello between 26th July 2021 to 6th April 2022 in Abuja within the jurisdiction of this Honourable  Court aided E-Traders International Limited to conceal the aggregate sum of  N3081,804,654.00( Three Billion, Eighty One Million Eight Hundred and Four Thousand Six Hundred and Fifty Four Naira) in account number 1451458080 domiciled in Access BankPlc, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 18(a), 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act.

Count 18  of the charges reads: “That you Yahaya Adoza Bello  sometime in November 2021 in Abuja within the jurisdiction  of this Honourable Court  indirectly procured E-Traders international Limited to transfer  the aggregate sum of $570,330.00( Five Hundred and Seventy Thousand , Three Hundred and Thirty Dollars) to account number 4266644272 domiciled in TD Bank, United States of America which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit, criminal breach of trust and you thereby committed an offence contrary to Section 15(2) (d) of the Money Laundering ( Prohibition) Act, 2011 as amended and punishable under Section 15( 3) of the same Act”.

“The Commission’s attempt to execute the Warrant of Arrest lawfully obtained against Bello met stiff resistance  on Wednesday,  April 17,  2024.  The security cordon around the former governor’s residence in Abuja was breached by the current Governor of Kogi State, Usman Ododo who  ensured that the suspect was spirited away in his official vehicle.  
“As a responsible law enforcement agency,  the EFCC exercised restraint in the face of the provocation, waiting for his arraignment on Thursday, April 18,  2024.

“It is needful to state that Bello is not above the law and would be brought to justice as soon as possible.”

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Court bars Ganduje from parading himself as member of APC

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Yhe Kano State High Court has granted an ex parte order restraining the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, from parading himself as a member of the party.

The court ordered that Ganduje must refrain from presiding over all affairs of the National Working Committee of the APC.

The application waa said to have been granted by Justice Usman Na’abba on Tuesday, following an ex parte motion filed by Dr. Ibrahim Sa’ad on behalf of two executive members of Ganduje’s ward, Dawakin-Tofa Local Government Area, the Assistant Secretary, Laminu Sani and Legal Adviser, Haladu Gwanjo (plaintiffs), who were part of the nine ward executives who suspended Ganduje on Monday.

The court directed the four parties (respondents) joined in the matter, including the APC, NWC, APC Kano State Working Committee, and Ganduje, to henceforth, maintain status quo ante belum as of April 15th,2024 pending the hearing and determination of the substantive suit on April 30th 2024

Justice Na’abba, also held as prayed, stopped State Working Committee APC Kano from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by a two-thirds majority of the executives as provided by the party constitution.

The ex parte order read,, “An order is hereby granted directing all parties in the suit APC (first), APC National Working Committee (second), Kano State Working Committee APC (third), Dr. Abdullah Umar Ganduje (fourth), to maintain status quo ante belum as of April 15, 2024.
“The order thereby restraining the first respondent (APC) from recognising the fourth respondent (Ganduje) as a member of APC and prohibiting the fourth respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legally and validly decision of the ward executives of Ganduje ward.

“That the fourth respondent (Ganduje}is prohibited from parading himself as a . member of APC or doing any act that may _ portray him or seem to be a member of APC pending the hearing and determination of the
substantive suit.”

Nine members of the Ganduje ward proclaimed the suspension of the National Chairman of the APC over the allegation of corruption slammed on him by the Kano State Government.

The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of the AP from the National chairman’s polling unit.

in the petition, Adamu complained over allegations of corruption charges against the
former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party and the implication on President Bola Tinubu’s fight against corruption.

Although the chairman and secretary of the ward failed to act on the petition filed en April 8, 2024, nine members of the executives, led by the legal adviser, acted upon the petition, a decision that led to Ganduje’s suspension.

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Mambilla Update: Agunloye heads to Appel Court over ruling fundamental rights

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Justice Obiora Egwuatu at the Federal High Court in Abuja has dismissed a Suit filed by Agunloye in June 2023 to restrain EFCC from harassing him and breaching his fundamental rights because of the ongoing International Arbitration on Mambilla Power Project

The points made by Agunloye in the Civil Suit which had dragged for over nine months had become irrelevant or expired in reality because the EFCC, the Respondent, had, while the case was in progress, declared Agunloye wanted, detained him, maltreated him in detention.
The antigraft agency also arraigned him before another court and remanded him in prison until the court granted him bail.

The court under Justice Egwuatu, however, did not consider the merits of the case largely on the ground that EFCC has the power to carry out its statutory duties and can not be stopped by the Court. On this basis, Justice Egwuatu dismissed the suit and awarded costs.

Agunloye’s lawyers have expressed preparedness in respect of the appeal considering that the court admitted basing its ruling on the suit being “an attempt to use the instrumentality of the Court to shield the Applicant from criminal investigation and to interfere with the statutory authority of the Respondent to investigate crimes or allegations of same in line with the EFCC Act.”

It is believed that the duties of EFCC must be performed in accordance with the law, and the court has the powers to stop any infraction by the EFCC in the course of performance of its duties. Such does not amount to interference with the statutory duties of EFCC but a legal checkmate of its powers to deter likely abuse.

With the Agunloye heading to
appeal against the Judgement, the case is far from being over, and the Court of Appeal will take the opportunity to look at the case extensively.

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