November 26, 2021

[GIST] BREAKING: Appeal Court Backs Forfeiture Of Ex-Minister, Diezani's $40million Jewellery Including 315 Costly Rings, 189 Wristwatches To Nigerian Government

[GIST] BREAKING: Appeal Court Backs Forfeiture Of Ex-Minister, Diezani's $40million Jewellery Including 315 Costly Rings, 189 Wristwatches To Nigerian Government

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The Court of Appeal in Lagos on Friday dismissed an appeal by the embattled former Minister of Petroleum, Mrs Diezani Alison-Madueke, challenging the forfeiture of her $40 million worth of jewellery to the Nigerian Government.

The Appeal Court held that there was no substance in Diezani's bid to overturn the lower court's order.

Diezani Alison-Madueke

It affirmed the 2019 judgment of Justice Nicholas Oweibo of the Federal High Court which forfeited the jewellery following an application by the Economic and Financial Crimes Commission (EFCC).

The appellate court gave its judgment in an appeal filed by Diezani marked as Appeal - No CA/L/1263/19 between Diezani Alison-Madueke and the EFCC). 

On July 5, 2019, the EFCC secured an order of the high court temporarily forfeiting the expensive items to the Nigerian Government.

According to the schedule attached to the application, the jewellery, categorised into 33 sets, include “419 expensive bangles; 315 expensive rings; 304 expensive earrings; 267 expensive necklaces; 189 expensive wristwatches; 174 expensive necklaces and earrings; 78 expensive bracelets; 77 expensive brooches; and 74 expensive pendants.”

The items were seized from the former minister's premises at No. 10 Fredrick Chiluba Close, Asokoro, Abuja.

Justice Oweibo on July 19, 2019 granted the EFCC's motion for final forfeiture of the jewellery.

The judge held that the former Minister failed to show cause why the jewellery should not be forfeited to the government.

In his application for the final forfeiture order, EFCC counsel, Mr Rotimi Oyedepo had told the judge that the items were reasonably suspected to have been acquired with the proceeds of unlawful activities.

An investigator with the Commission, Rufai Zaki, in an affidavit before the court insisted that the jewellery were beyond the former minister’s “known and provable lawful income.”

The investigator further said that findings by the EFCC showed that she started acquiring the jewellery in 2012, two years after she was appointed Minister.

The investigator also said the EFCC was in possession of the details of the bank account through which Diezani received her salary as a minister.

“The respondent did not utilise her salary or any part of her legitimate income to acquire the assets sought to be forfeited to the Federal Government of Nigeria,” Zaki said.

He said a “damning intelligence report” received by the Commission led to the search of former minister’s house at No. 10 Fredrick Chiluba Close, Asokoro, Abuja.

The Former Minister on her part had challenged the seizure of the jewellery from her premises by the EFCC.

In an affidavit filed on her behalf by her counsel, Prof Awa Kalu (SAN), Diezani, who is currently in the United Kingdom, alleged that the EFCC violated her fundamental “right to own property and to appropriate them at her discretion,” under sections 43 and 44 of the constitution.

She also accused the anti-graft agency of entering her apartment illegally and taking the items without any court order.

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[GIST] Nigerian Man Jailed 15 Years For Selling Drug That Killed Teenager In United States

[GIST] Nigerian Man Jailed 15 Years For Selling Drug That Killed Teenager In United States

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A federal court in the United States has sentenced a Nigerian man, Olatunde James Temitope Akintonde to 15 years imprisonment for selling fentanyl-laced pills that killed a 19-year-old known as SJG.
 
According to a statement by the United States Attorney’s Office on Wednesday, Akintonde who lives in El Cajon, California sent messages to SJG via social media to buy opioid medicines, oxycodone pills from him on February 28, 2019, which he did, used and caused his death.

File photo used to illustrate story.
 
SJG was found dead in his home, located in Santee, a city in California on March 1, 2019.
 
The statement read, “El Cajon resident Olatunde James Temitope Akintonde was sentenced in federal court today to 15 years in prison for selling fentanyl-laced pills that caused the death of a 19-year-old Santee man, identified in court records as S.J.G., in March of 2019.
 
“Akintonde previously admitted that he sent messages to S.J.G. through social media on February 28, 2019, to coordinate a sale of what the victim believed to be oxycodone pills. Later that evening, Akintonde delivered two counterfeit oxycodone pills laced with fentanyl to S.J.G.
 
“After the meeting, Akintonde sent additional messages to S.J.G. through social media warning that he should only take one of the pills because they were 'strong.' Akintonde further admitted that the pills he gave to S.J.G. caused his death. According to other filings in the case, S.J.G. died in his home sometime in the evening of February 28, 2019, or the early morning hours of March 1, 2019.
 
“Special Agents from the Drug Enforcement Administration and a Task Force Officer from the San Diego Sheriff’s Department led the investigation into S.J.G.’s death and quickly identified Aktinonde as the source of the fatal pills. According to the sentencing memorandum, Akintonde offered various prescription pills for sale through different social media platforms.”
 
Aside from selling the drug and issuing several prescriptions that got SJG killed, the convict was also accused of posting pictures of himself wielding dangerous weapons.
 
“Akintonde also posted photographs of himself brandishing firearms and posted songs promoting the use and distribution of pharmaceutical pills,” the statement said.
 
“There is an epidemic of counterfeit fentanyl-laced pills in our community,” said Acting U.S. Attorney Randy Grossman.
 
“To be clear: If you are a drug dealer selling pills, and those pills result in death, you will be held accountable for that death. It is no defense to say you didn’t know the pills contained fentanyl.”
 
"Grossman praised the prosecution team as well as the Drug Enforcement Administration’s Narcotics Task Force Team 10 and officials from the San Diego Sheriff’s Department and the San Diego County District Attorney’s Office for their excellent work on this case.
 
“As the number of drug overdose deaths continues to rise in San Diego County, the DEA San Diego Field Division has made investigating overdose deaths a priority. We are committed to bringing drug dealers like Olatunde James Temitope Akintonde, who poison our communities, to justice," DEA Acting Special Agent in Charge Shelly S. Howe was quoted as saying in the statement.
 
"This case is the result of ongoing efforts by the U.S. Attorney’s Office, the San Diego County District Attorney’s Office and the Drug Enforcement Administration to investigate and prosecute the distribution of dangerous illegal drugs—fentanyl in particular—that result in overdose deaths.
 
"The Drug Enforcement Administration created Narcotics Task Force Team 10 as a response to the increase in overdose deaths in San Diego County. Agents from Team 10 contributed to the investigation into S.J.G.’s death," the statement added.

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[GIST] Why Lagos Governor Is Legally Bound To Implement #EndSARS Panel Report— Lawyer, Falana

[GIST] Why Lagos Governor Is Legally Bound To Implement #EndSARS Panel Report— Lawyer, Falana

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Femi Falana, a Senior Advocate of Nigeria (SAN), has asked Governor Babajide Sanwo-Olu to reject the gratuitous call for the rejection of the report of the Lagos Judicial Commission by the Minister of Information and Culture, Mr. Lai Mohammed.

Falana noted that Nigerian Government lacks the legal competence to reject the report of a Panel of Enquiry duly constituted by the Lagos State Government. 

Falana revealed this in his address when some leaders of the Committee for the Defence of Human Rights (CDHR) visited him in Lagos on Thursday, November. Affirming that the Governor cannot reject the report, summary of evidence and findings of the Justice Doris Okuwobi-led Judicial Commission. 

He explained that critics are certainly not aware that there is no provision for the issuance of a White Paper under the Law, noting that White Paper is a mere administrative medium for conveying the decision or position of the Government on the report of an Administrative or Judicial Enquiry.

The statement reads in part: "We are not unaware of the purported rejection of the report of the Commission by the Minister of Information and Culture, Mr. Lai Mohammed and the pressure on the White Paper Committee by some anti-democratic forces to advise the Governor to jettison the findings and recommendations of the Commission. 

"Such critics are certainly not aware that there is no provision for the issuance of a White Paper under the Law. In other words, a White Paper is a mere administrative medium for conveying the decision or position of the Government on the report of an Administrative or Judicial Enquiry.

"Therefore, since the White Committee is not known to the law, its members are not competent to edit, modify, alter, edit or reject the report of the Commission. More so, that the members of White Paper Committee did not have the opportunity of taking evidence from the witnesses who had testified before the Commission. 

"Having regard to the letter and spirit of the Tribunal of Enquiry Law it is submitted that the Federal Government lacks the legal competence to reject the report of a Panel of Enquiry duly constituted by the Lagos State Government. 

"Therefore, Governor Sanwo-Olu should not hesitate to reject the gratuitous call for the rejection of the report of the Lagos Judicial Commission by Mr. Lai Mohammed.

"Indeed, the Governor may wish to draw the attention of the Minister to the case of Fawehinmi v Babangida where the Supreme Court held that the power of the President to set a Tribunal of Enquiry is limited to the Federal Capital Territory as 'the National Assembly cannot enact a general Law for the establishment of tribunals of inquiry for, and applicable in the Federation of Nigeria.' 

"With respect, the Governor cannot reject the report, summary of evidence and findings of the Okuwobi Judicial Commission. Thus, by virtue of section 15 (2) of the Law, the Governor is only empowered to 'make any order in relation to any property or other matter dealt with in the report; and such order when made may be delivered to the Registrar of a High Court (which order the Registrar is empowered and required to receive and register without payment of fee) and when so delivered the order will have effect as a judgment of that High Court and may be enforced accordingly but will not be reviewed in any Court by prerogative order or by any other means and, no appeal will lie from the order.'

 "In the case of Williams v Dawodu the Court annulled the aspect of the law that equated the order may pursuant to the findings of a Judicial Commission to the judgment of the High Court. Once a White Paper is issued by the Governor on the recommendations, the institutions and individuals indicted by the Commission may wish to approach the High Court to challenge any aspect of the report.

"The order of the Governor in respect of the findings and recommendations of the Judicial Commission 'may be delivered to the Registrar of a High Court (which order the Registrar is empowered and required to receive and register without payment of fee) and when so delivered the order will have effect as a judgment of that High Court and may be enforced accordingly...'

"Once the order is registered by the Registrar any institution or individual who is dissatisfied with any aspect of the report of the Commission is at liberty to approach the High Court for legal redress. In Williams v Dawodu (supra) the Lagos State High Court had granted an interim order of injunction restraining the Judicial Commission of Enquiry set up to probe the cold murder of the Dawodu brothers in Lagos during a riot. The ground for the injunction was that the Police had charged the persons suspected to have killed the deceased. 

"But the Court of Appeal deprecated the injunctive relief. Speaking for the Court, Akpata JCA (as he then was and of blessed memory) held that "... if the tribunal ascertains and determines the extent of damage or loss suffered by the said families, and this is followed by reparation by the State government of such damage or loss, the reparation may assuage their pain or sense of loss. Also an inquiry may prevent a future occurrence of such civil disturbances. 

"It seems to me both morally and legally wrong to prevent the State government from carrying out its responsibilities to the generality of the people of this State." The Governor should not succumb to the blackmail of the merchants of death who have asked him to reject the report of the Commission in spite of the unchallenged evidence that 99 people were killed in Lagos by security forces during the #endsars protests.

 "Finally, the Okuwobi Judicial Commission has recommended a number of measures to 'assuage the pain or sense of loss' of the victims of the brutality meted out to them and the bereaved family members of the 99 persons whose bodies were dumped in the various mortuaries in Lagos State by police and military personnel. Meanwhile, on the directive of Governor Sanwo-Olu the Okuwobi Judicial Commission has awarded reparation to the tune of N409 million to other victims of police brutality that had occurred in Lagos State. 

"Therefore, Governor Sanwoolu is legally obligated to implement the remaining recommendations of the Commission. On moral grounds, the Governor is equally bound by the directive of the National Economic Council to "immediately forward copies of final reports of the panels to their Attorneys-General for prompt arraignment and prosecution of all indicted persons," the statement noted.

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[GIST] Panic As Gunmen Kill 10, Burn Houses In Fresh Attack On Plateau Community

[GIST] Panic As Gunmen Kill 10, Burn Houses In Fresh Attack On Plateau Community

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Gunmen have killed no fewer than 10 persons during an attack on Te’egbe community in the Bassa Local Government Area of Plateau State.

It was learnt that the assailants also burnt many houses belonging to the residents. 

Some residents of the community sustained injuries during the attack which occurred in the early hours of Friday, The Punch reports. 

A spokesman for the Miango Youth Development Association, Nuhu Bitrus, confirmed the attack in Jos. 

According to Bitrus, search and rescue operations for the victims are still ongoing.

He added that 10 persons who were shot dead by the gunmen had been taken to the mortuary.

Bitrus said, “Last night was really another black day for the Rigwe nation as militia attacked Te’egbe village, killed so many people, and injured many others. They also set their houses on fire.

“Right now, we have just counted the bodies of ten persons who were shot dead by the attackers. They are being taken to the mortuary. We also discovered three persons who sustained gunshot injuries.

“Our people are still searching for more victims because the damage done to the community is too much. We will let you know when we are done with the search and rescue operation.”

The spokesman for the State Police Command, Ubah Ogaba, could not be reached for comments. 

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[GIST] Nigerian Bar Association’s Committee Probing Cases Of Conflicting Court Orders Submits Report

[GIST] Nigerian Bar Association’s Committee Probing Cases Of Conflicting Court Orders Submits Report

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The three-man committee inaugurated by the President of the Nigerian Bar Association (NBA), Olumide Akpata to look into the cases of conflicting court orders in the country has submitted its report.

The panel was raised following conflicting court orders regarding the position of the former National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus and the Anambra State Governorship candidate of the All Progressives Grand Alliance (APGA), Charles Soludo.

NBA President, Olumide Akpata.
In a statement obtained by SaharaReporters on Friday, the committee which was made up of Dr Babatunde Ajibade, Oluwaseun Abimbola and Dr Monday Ubani has sent its findings and recommendations to the NBA President.

 

The statement partly read, “The Nigerian legal community recently witnessed a spate of conflicting orders that were obtained and granted from various courts across the country in political cases, which created ripples all over the nation. The uproar necessitated the NBA President, Mr Olumide Akpata to set up a three-man Committee made up of Dr Babatunde Ajibade SAN, Chairman of the Judiciary Committee, Mr Oluwaseun Abimbola SAN, Chairman of the Section on Legal Practice and Dr Monday Ubani, Chairman of the Section on Public Interest and Development Law. 

Before setting up the Committee, Mr Akpata issued a statement condemning the "unfortunate and recurring trend of contradictory Court decisions and orders, especially amongst courts of coordinate jurisdiction typically arising from ex-parte applications and almost always in political matters". 

A former Governor of the Central Bank of Nigeria (CBN), Soludo battled several court orders to emerge as APGA's candidate for Anambra governorship election, by winning the June 23 primary election organised by the party's leadership led by Victor Oye.

Justice Ubale upheld Jude Okeke's claim that he became the acting National Chairman of APGA, after purportedly taking over from one Edozie Njoku, who was said to be on suspension.


A Delta State High Court presided by Justice Joe Egwu had earlier issued an injunction against the parallel primary organised by the Okeke-led faction, but the Judge later allowed the event to go ahead after vacating the order.

Victor Oye was reportedly the APGA  National Chairman recognised by the Independent National Electoral Commission (INEC), and the primary which produced Soludo was monitored by the Commission and was also affirmed by Anambra State Governor, Willie Obiano, who has endorsed Soludo as his successor.

 

But, as a result of the June 28, 2021 court order delivered by the Jigawa State High Court, INEC listed Chukwuma Umeoji, rather than Soludo, as APGA candidate, when an initial list of candidates for the election was published on July 16, 2021. There were reports that INEC only got to know about the order of the Jigawa State High Court that compelled it to recognise Umeoji, just hours before it released the list of the governorship candidates.

 

An Anambra State High Court presided by Justice C. C. Okaa on July 19 reinstated Soludo as the APGA candidate for the governorship election by declaring that the former CBN Governor was the authentic candidate of APGA. The court described the Okeke-led APGA faction and its Governorship candidate (Umeoji) as meddlesome interlopers, and ordered INEC to publish Soludo's name as the governorship candidate of the party.

 

But, following a suit filed by an APGA member, Chike Dike, to challenge the publication of Umeoji's name by INEC, an Imo State High Court presided by Justice B. C. Iheka on June 30 affirmed that Okeke remained the National Chairman of APGA, with Umeoji as the party's governorship candidate.

 

However, INEC finally reinstated Soludo as the APGA candidate for the poll after Justice Nwosu-Ikpeme of the Court of Appeal, Awka Division, in August, dismissed an application filed by the Okeke faction to challenge the July 19 judgement of the Anambra High Court which declared the former CBN Governor as the party's authentic candidate.

 

In the same vein, Secondus was tossed here and there with court orders after three different courts in three different states had handed out three different orders on his position as National Chairman of the PDP. The court orders were delivered within a period of just five days - from August 23, 2021, to August 27, 2021.

 

The first court order came on August 23, when a Rivers State High Court presided over by Justice O. Gbasam granted an interim injunction restraining Secondus from parading himself as the Chairman and a member of the PDP.

 

A second court order came on August 26. In a ruling which upturned the earlier pronouncement by the Rivers State High Court, a Kebbi State High Court ordered Secondus to return to his position as the National Chairman of the PDP.

 

The third court order, issued by a Cross River State High Court on August 27, overturned Secondus' reinstatement by the Kebbi State High Court. Just hours before Secondus was billed to preside over a meeting of the PDP National Executive Committee (NEC), the Cross River State High Court sitting in Calabar barred him from returning to office as the National Chairman of the party. The court presided by Justice Edem Kooffreh granted the interim order while ruling on a motion ex parte filed by Enang Wani against Secondus and the PDP.

 

It was the two circumstances that informed the inauguration, as the statement read further that, “The three-man Committee was mandated to make enquiries and provide the NBA President with a preliminary report on what transpired in the specific cases referred to in the statement and, if and where our members were involved in a manner amounting to misconduct, to make recommendations for further action by the NBA. 

 

“The specific cases referred to in the NBA President's statement were those relating to the National Chairmanship crisis of the Peoples Democratic Party (PDP) and those relating to the nomination of candidates by the All Progressives Grand Alliance (APGA) for the last gubernatorial elections in Anambra State. 

 

“The Committee has carried out the assignment to the best of its ability and has sent its findings and recommendations to the NBA President for further action.”

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