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Welfare of judges: Olanipekun discloses how Body of benchers prevailed to commit Buhari to upward review of salary

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The Chairman of the Body of Benchers (BoB), Chief Wole Olanipekun, SAN has revealed that the body has succeeded in getting President Muhammadu Buhari’s commitment to improve the welfare of judges in the country.

This is coming as a glimpse of hope for judicial officers in the country and stronger judiciary for the commonman.

The chairman indicated that President Buhari has graciously acceded to the request of the Benchers for the upward review of salaries and emolument of judges in the country.

Olanipekun, a former President of the Nigerian Bar Association (NBA) made the revelation while speaking in Abuja on Sunday at an event held to mark the 80th birthday of a retired Justice of the Supreme Court and traditional ruler of Tuomo Kingdom, in Burutu Local Area of Delta State, Justice Francis Fedode Tabai.

The ex-NBA President, who led a team of Body of Benchers to interface with President Buhari last Thursday, further revealed that the team succeeded in extracting commitment from the President to ensure an enhanced welfare package for judicial officers and a comprehensive rehabilitation of the entire Judiciary.

At the end of the interface, Olanipekun said that President Buhari issued a directive to those in charge to immediately commence work on the 2018 report of an Advisory Committee that has been submitted to him

Besides, the legal luminary also said that the Presidency agreed to upgrade the contents of the 2018 reports to bring it in tune with current realities.
He added that the poor welfare conditions of judges got so bad that he had to lead the current leadership of the BoB to President Buhari, and they were able to “extract an undertaking from Mr President to upgrade the salaries of the Judiciary”.
“We were frank with the President. We told him everything. We also told him that if we don’t maintain justice, justice will undo us soon. We told him how we interfaced with Justices of the Supreme Court on one hand to ascertain their working conditions.
“We told him how bad things are with the Judiciary; that Justices are not encouraged, that they are underpaid, that what they give to justices are peanuts when compared with the other arms of government.
“In fairness to Mr. President, perhaps, he did not know the gravity of the situation until I explained everything to him when we met him last Thursday.

“And, in fairness to him (Buhari), he said there are three arms of government. He agreed that each of the three arms must be treated equitably and fairly. And that, no one should be subjugated to the others, and no one should be treated as a slave.

“The way I see it today is that the Judiciary is being beaten and you are asking the Judiciary not to cry. The Judiciary is crying silently from within. You can hear the grumbling. You can see the tears.

“The President gave his commitment voluntarily. It was in response to my address. He promised to take immediate action, and that for now, he is giving a directive to those in charge to dust the report that is on ground and act as we have requested.”
According to Olanipekun, “it is those who suffers from injustice that knows what it means “, adding that after they drew the attention of President Buhari to the plight of the Justices, he agreed with us that something must be done immediately.

Responding to questions, Olanipekun said, “the President gave his commitment voluntarily. It was in response to my address, that the President assured that he was going to take immediate action.

“For now, the President has given instructions to those in charge to dust a report that is on ground, which was submitted in 2018 on judges’ welfare and act as we have requested.”

On whether the President gave a timeline for the execution of his instructions, Olanipekun said they have elected to take President Buhari by his words.

“Well, you know he is the President, and we went visiting him and customarily, we cannot demand that the President should give us a timeline. If a President has given his words that he will act, we believe him.

Olanipekun, who argued that the Judiciary was unfairly treated when compared with the other arms of government, noted that: “Today you can hear the grumbling, you can see the tears of the Judiciary, though they are not coming out. The Judiciary is crying silently.

“We all watched and heard what happened at the Supreme Court . If gold rusts, what happens to other metals? In this context, the Supreme Court is the gold. And if the Justices of the Supreme Court can cry out over poor remuneration , then what happens to those in the lower courts?

According to Olanipekun it is unfair that a Justice of the Supreme Court takes home N250,000 monthly salary and a cumulative pay of N750,000 per month compared to a Senator who earns not less than N3million a month.

He however, assured that he would commit his tenure at the BOB to work with relevant stakeholders to improve the standard of the Judiciary, stressing that “this is not a time for distraction, it is time for collaborative action on the part of us in the legal profession.

Pouring eulogies on the erudite Justice of the apex court at 80, Olanipekun said in developed countries his Lordship would still be in service, giving his best to his fatherland but unfortunately a justice in Nigeria had to retire at 70.

While disclosing that he was once against the early retirement of judges, but that in view of the current unenviable state of affairs in the Judiciary, he has long jettisoned such position.

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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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