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Inquirer Online

Tinubu to Attend Guinea Bissau’s Independence Day Anniversary

November 16, 2023 by Inquirer Online

President Bola Tinubu will, on Thursday, join other Heads of State and Government in Bissau, Guinea-Bissau, to celebrate the country’s 50th Independence Anniversary and Armed Forces Day.

President Tinubu will arrive in Bissau on Thursday for the ceremony, which will be hosted by President Umaro Sissoco Embalo.

Guinea-Bissau marked its 50th Independence Anniversary on September 24, 2023, but the Government had scheduled all celebrations for November 16, 2023.

The President is expected to return to Nigeria on Thursday.

After Shunning Ahmed Idris’s Trial, Court Revokes Alleged Co-Conspirator Geoffrey Akindele’s Bail

November 15, 2023 by Inquirer Online

Justice Yusuf Halilu of the Maitama Division of the FCT High Court, on Tuesday, revoked the bail earlier granted to one of the defendants in the trial of a former accountant-general of the federation, Ahmed Idris, over an alleged fraudulent diversion of public funds to the tune of N109.5 million.

The judge revoked the defendant, Geoffrey Olusegun Akindele’s bail following his non-appearance in court for continuation of trial.

Mr Akindele, the second defendant in the case marked CR/199/2022, and Idris is standing trial alongside Mohammed Kudu Usman and Gezawa Commodity Market and Exchange Limited.

EFCC is prosecuting him on a 14-count charge bordering on stealing fraudulent diversion of N109.5 billion public funds. Mr Idris, among others, was alleged to have, between February and December 2021, while being a public servant by virtue of his position as accountant-general of the federation, accepted from Mr Akindele, the second defendant, a gratification of N15,136,221,921.46, converted to dollar equivalent by Mr Akindele.

According to the prosecution, the money did not form part of Idris’s remuneration but a motive for accelerating the payment of 13 per cent derivation to nine oil-producing states in the federation through the office of the accountant-general of the federation.

EFCC alleged they committed an offence contrary to section 155 of the Penal Code Act Cap 533 Laws of the Federation of Nigeria 1990 and punishable under the same section.

Messrs Idris and Akindele (technical assistant to the accountant-general of the federation) were accused of committing criminal breach of trust while being entrusted with a certain property, to wit N84,390,000,000 between February and November 2021, by dishonestly receiving the said amount from the federal government through Mr Akindele, trading under the name and style of Olusegun Akindele & Co.

By this, according to EFCC, the first and second defendants were alleged to have committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria.

The defendants, however, pleaded not guilty to the charges preferred against them by the anti-corruption commission.

At the resumed hearing of the matter on Tuesday, Mr Akindele was absent in court as of the time the case was called, though Messrs Idris and Usman were in court.

Despite pleas by counsel for Mr Akindele, S.E. Adino, that his client was on the way to court, submitting that he (Mr Akindele) was always in court to face trial, the judge insisted on revoking the second defendant’s bail.

After listening to what Mr Adino said, the judge held that when a court grants a defendant bail, such person must reciprocate the gesture by attending court for trial.

He added that Mr Akindele had not shown good character and conduct by refusing to attend court.

“The second defendant had abused the terms of his bail,” said the judge.

The judge subsequently revoked his bail and ordered the FCT police commissioner and the EFCC to arrest Mr Akindele and produce him in court on the next adjourned date.

He then adjourned the case for a definite hearing until February 1, 2024.

Earlier, the prosecuting counsel, Oluwaleke Atolagbe, had informed the court that the prosecution received a letter from counsel for Mr Idris and did not receive any from the counsel for Gezawa Commodity Market and Exchange Limited.

Mr Atolagbe said that despite competent lawyers in the office of Mr Idris’ counsel, none announced an appearance for the former accountant-general of the federation. He added that he saw two lawyers from the office yesterday morning in court, saying, “This is not fair on the prosecution. It is definitely a ploy to delay the trial.”

Sunak, Rwanda suffer major blow over asylum seekers deportation scheme

November 15, 2023 by Inquirer Online

Britain’s Supreme Court ruled on Wednesday that the government’s scheme to send asylum seekers to Rwanda was unlawful, dealing a crushing blow to Prime Minister Rishi Sunak before an election expected next year.

Under the plan, Britain intended to send tens of thousands of asylum seekers who arrived on its shores without permission to the East African country in a bid to deter migrants crossing the Channel from Europe in small boats.

But the top court on Wednesday unanimously rejected the government’s appeal against an earlier ruling that migrants could not be sent to Rwanda because it could not be considered a safe third country.

President Robert Reed said the five judges involved agreed there were “substantial grounds for believing that asylum seekers sent to Rwanda would be at real risk of refoulement,” meaning being sent back to their country of origin where they could be at risk of ill-treatment.

The Rwanda scheme was the central plank of Mr Sunak’s immigration policy as he prepares to face an election next year amid concern among some voters about the number of asylum seekers arriving in small boats. Mr Sunak, whose Conservatives are trailing by about 20 points in opinion polls, had made a promise to “stop the boats,” one of the five key pledges of his premiership.

More than 27,000 people have arrived on the southern English coast without permission this year after a record 45,755 were detected in 2022. Mr Sunak said the government had been planning for all eventualities and would do whatever it took to stop illegal migration.

The ruling had taken on even greater political significance in recent days after Sunak sacked Interior Minister Suella Braverman, a popular figure on his party’s right wing whose remit included dealing with immigration.

She launched a scathing attack on Mr Sunak on Tuesday, saying he had broken promises on tackling immigration and betrayed the British people.

Critics, ranging from opposition lawmakers and some in his own Conservative Party to church leaders and the United Nations refugee agency, had argued that the policy was flawed, immoral, and would not work.

“The Supreme Court’s judgment is a victory for humanity,” Steve Smith, chief executive of refugee charity Care4Calais, said. “This grubby, cash-for-people deal was always cruel and immoral but, most importantly, it is unlawful.”

Former Prime Minister Boris Johnson originally drew up the Rwanda policy in an initial $180 million deal.

Whilst the court said it was now unlawful, Reed left open the chance the scheme could be resurrected, saying, “the changes needed to eliminate the risk of refoulement may be delivered in the future, but they have not been shown to be in place now.”

With many lawmakers in Mr Sunak’s Conservative Party saying Britain should consider leaving the European Convention on Human Rights over the issue, Mr Reed said their decision was based on a number of laws and treaties and not the convention alone.

After the ruling, a Rwandan government spokesperson said it took issue with the conclusion that Rwanda was not a safe third country.

Lawyer sues Tinubu’s government for appointing Olukoyede as EFCC chairman

November 15, 2023 by Inquirer Online

An Abuja-based legal practitioner, Victor Opatola, has sued President Bola Tinubu’s government and the National Assembly over the alleged illegal appointment of Ola Olukoyede as EFCC chairman.

Also joined in the suit are the attorney general of the federation and Mr Olukoyede, as third and fourth defendants.

When the matter was called on Tuesday before Justice Obiora Egwutu at the Abuja Division of the Federal High Court, Mr Opatola, who represented himself, told the court that he had an ex parte application for substituted service on the defendant.

“My lord, it is an ex-parte motion, praying the court for an order to serve the processes on the fourth defendant through substituted means,” said the lawyer. “I also have an alternative prayer for an order granting leave to the plaintiff to serve the originating motion and other processes on the EFCC by pasting same on their office.”

Mr Egwuatu, however, said since there was no record that a bailiff had attempted service and failed, the plaintiff should engage the bailiff’s services.

The judge said it was only after the bailiff had attempted to serve the processes on the defendant unsuccessfully that he would be minded to entertain an ex parte application for substituted service. He later adjourned the matter until November 22.

The lawyer in the suit is challenging the validity of the appointment of the EFCC chairman. Mr Opatola is asking the court to determine whether, by the true construction and interpretation of section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who had not fulfilled the conditions of the act, can be validly appointed as EFCC chairman.

Mr Opatola 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.

“Whether by the true construction and interpretation of Section 2(1)(a) (ii)(iii) of the EFCC Act 2004, the national assembly can validly confirm the appointment of Olukoyede, who has not fulfilled the provisions of the law,” said the lawyer.

Mr Opatola also prayed the court to make further declarations upon determining the above questions, including a “declaration that, pursuant to section 2(1)(a) (ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of the EFCC chairman is illegal and void” and a “declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, any confirmation of the 4th defendant’s appointment, made by the national assembly is void and of no legal consequence.”

The counsel also asked the court for an order of perpetual injunction, restraining the national assembly from confirming the appointment of the fourth respondent.

He further prayed the court for an order of perpetual injunction, restraining Mr Olukoyede from holding office as chairman of EFCC.

NUPRC Official Denies Involvement in Fraud Scheme

November 9, 2023 by Inquirer Online

The Nigerian government official named in an $800,000 fraud case involving wind turbine energy giant Nordex and Mountain Crane, Dr Kelechi Ofoegbu, has denied any wrongdoing and has asked both Nigeria’s Inspector General of Police and INTERPOL to investigate the matter.

In a written statement, Dr. Ofoegbu, who is the Executive Commissioner, Economic Regulation and Strategic Planning of NUPRC, said hackers used their email access to Mountain Crane and sent an invoice totalling $1.75 million to Nordex, which then unwittingly paid the hackers over $800,000.

The Federal Bureau of Investigation (FBI) which was notified of the transaction traced $50,000 of the money to an account operated by Dr Ofoegbu with a United States’ bank JP Morgan.

In the petition dated November 3, 2023 and sent to the Inspector General of Police, Dr Ofoegbu denied any involvement in the fraudulent transaction.

He explained how a legitimate transaction with registered Bureau de Change (BDC) operators in Abuja ended up with a transfer of funds to his account from illegitimate sources.

The petition which had NPF-INTERPOL in copy gave a comprehensive explanation of how a legitimate transfer he made through Yahaya Shuaibu Mohammed and Musa Babangida Jubril operating a Bureau de Change business opposite Abuja Continental Hotel, in Abuja, to fund his account in the USA, eventually got entangled with the activities of fraudsters.

In the petition, Dr. Ofoegbu explained that in funding his foreign accounts he sometimes uses licensed BDCs and that he needed funds in his accounts in the United Kingdom and USA to pay his children’s school fees in those countries, which was why he approached the BDC in Nigeria to pay the dollar equivalent of the local currency he provided to his account in JP Morgan Chase.

Dr Ofoegbu said that alhough his account domiciled in JP Morgan Chase bank was credited via two separate transactions on April 27, 2023, he was unable to access the money as the bank had placed a hold on the account in the sum of $50,000.

Dr Ofoegbu insisted that he had nothing to do with the fraudulent transaction that followed after the Abuja transaction and “I have no knowledge whatsoever of the identity of the depositors in the United States of America, nor have I ever had any commercial dealings with anyone or entity in the USA.”

Dr Ofoegbu added that he was only notified on July 27, 2023, through a letter dated July 20, 2023 from the FBI captioned “Notice of seizure of property and initiation of administrative forfeiture of proceedings,” that the sum of $50,000 traced to his account has been seized.

It also informed him of the intention of the FBI to commence administrative forfeiture of the funds as an Affidavit deposed to by an FBI agent had already recommended the forfeiture.

Dr. Ofoegbu said that it became evident at that point that he had been defrauded by Mr Yahaya Shuaibu Muhammad and Mr Musa Babangida Jubril, whereupon he is now seeking the intervention of the INTERPOL to investigate the matter thoroughly in Nigeria and liaise with the FBI to clear him of any wrongdoing as well as facilitate the return of his funds by the two BDC agents.

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