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Appeal Court dismisses CBN’s appeal against N63.7m, $10,000 awards

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The Court of Appeal in Abuja has dismissed an appeal by the Central Bank of Nigeria (CBN) seeking to block the payment of N63.7million and $10000 awarded against the Federal Government, in favour of a German, Martin Gegenheimer, for his unlawful arrest and detention by men of the Nigerian Immigration Service (NIS).

A three-member panel of the appellate court held, in a unanimous judgment on May 23 (last Friday), that the appeal by the CBN was devoid of any scintilla of merit.

In the lead judgment, Justice Hamman Barka resolved the two issues identified for determination, against the CBN and in favour of the first respondent, Gegenheimer.

The Appeal Court proceeded to affirm the February 22, 2024 ruling by Justice Inyang Ekwo of the Federal High Court, Abuja, ordering the CBN to pay Gegenheimer the N63.7m and $10000 awarded against the Nigerian government in a 2021 judgment by the Court of Justice of the Economic Community of West African States (ECOWAS).

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The appellate court, in the judgment on the appeal marked: CA/ABJ/CV/434/2024, also awarded N300,000 cost against the appellant (the CBN), in favour of Gegenheimer, for filing an unmeritorious appeal.

Justice Ekwo had, in the February 22, 2024, ruling, ordered the CBN to deduct the N63.7m and $10000 from the FG’s funds in its custody to settle the debt that arose from a 2021 judgment given against Nigeria by the ECOWAS Court.

Justice Ekwo rejected CBN’s claim that the Federal Government’s foreign exchange accounts were currently in deficit, making it impossible to pay the entire judgment sum.

The ruling was on a garnishee proceeding, marked: FHC/ABJ/NJR/M/3/2022, filed and prosecuted for Gegenheimer by his lawyer, Daniel Makolo, to enforce the judgment of the ECOWAS Court delivered on March 4, 2021.

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Justice Ekwo agreed with Makolo that, as against the contention by the CBN, the ECOWAS Court’s judgments do not qualify as a foreign judgment in the strict sense of it and could be enforced by Nigerian courts.

The German, who said he visited Nigeria on a business trip, stated that while returning to Kenya on 23rd February 2020, he was stopped by men of the Nigerian Immigration Service (NIS) at the boarding gate of the Kenya Airways aircraft after all necessary departure formalities were completed.

He said the NIS officials arrested him, seized his passport and detained him in a jam-packed detention cell between February 23, 2020, and March 4, 2020, despite the COVID protocol and without acceptable food as well as medical care.

He subsequently challenged his arrest and detention before the ECOWAS Court, in a suit marked ECW/CCJ/APP/23/2020.

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In the March 4, 2021, judgment, a three-member panel of the sub-regional court, presided over by the court’s president, Justice Edward Amoako Asante, declared Gegenheimer’s arrest and detention illegal.

They ordered the Nigerian government to pay him N53,650,925 as special damages for various losses suffered and costs incurred while under unlawful arrest and detention by the NIS.

The costs, the court said, relate mainly to hotel expenses incurred by the Germans while under forced detention by agents of the Nigerian government.

The court further ordered the Nigerian government to pay him another N10m in general damages as reparation for all violations and moral prejudice suffered for violating his rights, and an additional $10,000 was the expenditure incurred by the applicant to secure his bail.

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The ECOWAS Court equally ordered the Nigerian government to remove the German from its watch list and to immediately and unconditionally release his German passport, which was “arbitrarily and unlawfully” seized by agents of the Nigerian government.

Meanwhile, a Federal High Court in Abuja has dismissed a charge of forgery brought against Gegenheimer by the NIS in the name of the Federal Republic of Nigeria.

The NIS, in the charge marked: FHC/ABJ/CR/152/2020, accused the German of, among others, forging a Nigerian international passport.

In a ruling, Justice Evelyn Maha upheld the no-case submission made by Gegenheimer (through his lawyer, Makolo) and held that the prosecution failed to produce relevant evidence to support its allegations against the defendant.

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Justice Maha further held that the prosecution, having failed to make out a prima facie case against the defendant and failed to link him with the alleged offences, there was no basis to call on him to enter a defence.

She proceeded to dismiss the charge and then discharged and acquitted Gegenheimer.

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2027: Be Prepared to struggle for power, Wike tells PDP candidates

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Minister of the Federal Capital Territory (FCT), Nyesom Wike, has challenged candidates contesting in the 2027 general elections on the platform of the Peoples Democratic Party (PDP) to be prepared to struggle for power.

Wike, a national leader of the PDP, stated this during the party’s 109th National Executive Committee (NEC) meeting on Wednesday in Abuja.

“Nobody gives power. Nobody has done it. Power is taken; if you did not do so, it’s your business.

“You must fight for it to take it. Nobody gives power, and nobody is ready to dash you power. You have to struggle for it. You have to fight for it. You don’t have to be afraid.

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“Every time you complain, oh, the governor is this, what do you want him to do? To allow you to come and take power like that?

“If you’re not serious, say you are not serious to struggle for power. When you take it, you appreciate it, not when they dash you and you don’t know the meaning of it,” Wike said.

He recalled his political journey through various struggles, including how he became governor when the incumbent belonged to a different political party.

Wike advised candidates, especially those running for governorship, to brace up for  keen contests.

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He said that in the present setting, most people were used to ‘food is ready’ politics.

“You are used to people preparing something for you to come and eat, and you think it will always be like that. It cannot always be like that.

“A time will come when there will be challenges in life and when you will be tempted in life,” he said.

Wike said that he happened to come from a background where he never got anything on a platter of gold, recalling that when he contested for a local government chairmanship position, the matter went all the way to the Supreme Court.

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“When I don’t see challenges, I know that something is wrong, but when I see challenges, I know success has come,” he said.

He noted that when the PDP was in power, many of its members were like spoiled children depending on their father for daily provisions, reminding them that the party was no longer at the centre.

He urged them to see themselves as children whose father is sick, and remain determined not to disappoint him.

The minister also advised party members to stop introducing religion into politics and electoral matters, challenging them instead to return to their bases and work for the party’s success.

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“Why do you bring your faith to this race? Everybody go home, go and bring something, and put it on the table in 2027. Go and bring something.

“I will bring something to the table here. Every NEC member has to bring something. If you bring a House of Representatives seat, you have done something.

“If you bring a House of Assembly member, you have done something. But don’t come here empty-handed; this is not a place for empty hands.

“This is a place where when you come, we look at the results of what you brought. That is what politics is all about,” he said.

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Wike advised party members not to be distracted by claims from the Tanimu Turaki-led PDP faction that it would sponsor candidates for all elective positions in 2027.

He explained that the access code to the Independent National Electoral Commission (INEC) candidate nomination portal would ultimately determine legitimacy.

“As far as I am concerned, June 26 is when INEC will give access codes to political parties to upload results. Don’t worry, we are good to go. Nobody is afraid; we will see who INEC will give the code to.

“It is not about going to collect money from people and saying we are in court. Nobody is afraid of the court; courts are meant for human beings, not ghosts.

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“So, we are here, we are not afraid. Let them continue going to court while we continue to prepare for our own election.

“Don’t worry, stop thinking about what will happen; the worst has happened,” he said, adding that anyone who is not serious in the business of politics should leave.

The minister also challenged party members and leaders not to be afraid of intimidation, harassment, or arrest.

“Use me as an example. There is nothing I have not seen. I’ve seen everything, including intimidation,” he said.

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NUJ raises the alarm over insecurity, open grazing

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The Nigeria Union of Journalists has expressed concern over rising insecurity, illegal revenue collection, open grazing and the growing misuse of public infrastructure across Delta State.

The union made its position known in a communiqué issued at the end of its congress in Asaba on Tuesday.

The congress, presided over by the Delta State Chairman of the union, Churchill Oyowe, reviewed key socio-economic, security, educational and environmental issues affecting the state.

On insecurity, the union said the increasing cases of kidnapping, armed robbery, cult-related violence and other crimes remained a major concern.

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The union called on the Nigeria Police Force, Department of State Services and other security agencies to strengthen intelligence gathering, deepen community policing and improve collaboration with stakeholders to restore public confidence.

The congress also expressed concern over the activities of individuals allegedly operating as local government taskforces on federal roads, accusing them of harassing and extorting money from motorists.

It called for the immediate disbandment of all illegal road taskforces and urged security agencies to take action against those involved.

The union also raised concerns over reports of arbitrary and unauthorised levies imposed on parents and students in public schools across the state.

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The congress called on the state government to investigate the allegations and sanction any official found culpable.

The union also criticised the growing use of flyovers in Asaba, Warri and Effurun as makeshift markets and motor parks by traders and tricycle operators.

Congress called on relevant government agencies to reclaim the facilities and enforce traffic regulations.

The union also expressed concern over weak enforcement of the Delta State anti-open grazing law.

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It said continued violations of the law could threaten peaceful coexistence between farmers and herders, reduce agricultural productivity and worsen food security challenges.

The congress urged law enforcement agencies to ensure strict implementation of the law.

The union reaffirmed its commitment to promoting good governance, public accountability and citizens’ welfare, pledging to continue monitoring developments across the state in the interest of the public.

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Court remands Maiduguri businessmen over N13.6m fraud

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The Borno State High Court sitting in Maiduguri has ordered the remand of a man, Gambo Mohammed, in a correctional facility over an alleged N13.65 million land fraud and money laundering case brought against him by the Economic and Financial Crimes Commission (EFCC).

Mohammed was arraigned before Justice Babagana Shettima by the Maiduguri Zonal Directorate of the EFCC on a four-count charge bordering on alleged money laundering, obtaining money under false pretences and criminal misappropriation involving a total sum of N13,650,000.

According to the anti-graft agency, the defendant allegedly collected the money from one Umar Abubakar under the pretext of facilitating the purchase of two plots of land located opposite Maimalari Barracks in Jere Local Government Area of Borno State.

The EFCC alleged that after receiving the funds, Mohammed diverted the money to his personal use instead of completing the land transaction as agreed.

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One of the charges filed against him stated that he fraudulently obtained the sum of N13.65 million from the complainant in 2025, purportedly as payment for two plots of land situated at Dubai Musari Ward, opposite Maimalari Barracks in Jere Local Government Area, knowing the representation to be false.

The charge reads in part: “That you, Gambo Mohammed, (a.k.a Modu Gambo), sometime in 2025, within the jurisdiction of this honourable Court, with intent to defraud, did obtain the sum of N13,650,000.00 from one Umar Abubakar, purportedly as purchase price for two plots of land situated at Dubai Musari Ward opposite Maimalari Barrack of Jere Local Government, Borno State, which you knew to be false.”

The prosecution maintained that the alleged act contravenes provisions of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

When the charges were read to him in court, Mohammed pleaded not guilty to all four counts.

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Following his plea, prosecuting counsel, A.D. Abdulmalik, requested the court to fix a date for trial and urged that the defendant be remanded in a correctional centre pending the commencement of proceedings.

Delivering his judgement, Justice Shettima subsequently adjourned the matter until July 13, 2026, for a pre-trial conference.

The court also ordered that Mohammed be remanded at the Maiduguri Maximum Security Correctional Facility pending further hearing of the case.

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