Opinion
EFCC vs Yahaya Bello: What the story must not be on or after June 13
By Lere Olayinka
On May 10, 2024, a Federal High Court sitting in Abuja, adjourned till June 13, 2024, for the arraignment of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, with the alleged N80.2bn fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).
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( Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo), 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”.
Yahaya Bello assumed office as governor of Kogi State on January 27, 2016 and left office on January 27, 2024.
Before the present charge was filed against Yahaya Bello, EFCC, had claimed, in the ‘Amended Charge’ No. FHC/ABJ/CR/550/2022: FRN V. 1. Ali Bello, Dauda Suleiman, currently pending before Justice J.K. Omotosho of the Federal High Court, Abuja Division, that he (Yahaya Bello) diverted N80 billion of state funds in September 2015, four months before he assumed office as governor of Kogi State!
Before adjourning till June 13, Justice Emeka Nwite, had rejected the application made by Yahaya Bello through his lawyer, Abdulwahab Mohammed (SAN).
Nwite held that “The application cannot be entertained unless the defendant (Yahaya Bello) is present in the court. In the absence of the defendant in court, the motion on notice filed by the complainant can only be conducted if the defendant is in court.”
Responding to comment by Bello’s counsel that he would love to obey the court order and appear in court but he was afraid of his life, the judge said; “Bello should come to court on his own not through EFCC for arraignment on the next adjourned date.
“It is just a charge. It has not been proven. Counsel, it is your duty to bring him and you prepare yourselves.”
On this premise, Mohammed assured the court that he will ensure that the former governor appears in court for his arraignment on the next adjourned date.
Of course, like the judge said, Bello only needs to come court on his own and not through the EFCC for arraignment.
Issue of arrest or no arrest is already gone the moment Bello appears in court on June 13 and takes his plea.
The story must therefore not be that EFCC arrests Yahaya Bello on or after June 13. The story must also not be that EFCC invades Yahaya Bello’s house.
Rather, it should be about EFCC presenting evidence(s) of its allegations before the Court.
This is because once an accused is charged to court, it presupposes that investigation has been concluded and only the court can have hold on such person.
Therefore, when Bello is arraigned on June 13, he will take his plea and if he pleads not guilty, he will apply for bail through his counsel. If his bail is granted, he will go home after fulfilling the conditions and return to court on the next adjourned date for the continuation of his trial.
In other words, Bello no longer have any business with the EFCC. He is an accused before the Court, with the EFCC as his accuser who must prove its accusations beyond reasonable doubt.
On June 13, let there be no display of any form of bravado with the arrest of Bello, under the pretext that there is another matter under investigation.
After all, like many other cases, the EFCC has been on his case for a very long period of time and all investigations ought to have been concluded. Except may be, as usual, the EFCC will be expecting the accused to be the one to provide the evidence(s) with which he will be tried.
It will also do the image of the EFCC a lot of good by focusing attention more on the prosecution of Bello with the charges already filed, including the one alleging that sometime, in February, 2016, in Abuja, he conspired with others to steal over N80 billion belonging to Kogi State.
Seeking to amend the charges will mean that EFCC, an anti-graft agency being headed by a lawyer did not know what it was doing before dragging Bello before the Court.
Most importantly, after June 13 that Bello has been arraigned in court, the onus will now be on the EFCC to prove its allegations and do so as provided by the laws.
As for me, I am hoping this will not be like that of former Governor of Ogun State, Senator Gbenga Daniel, who was charged to court for stealing N58bn in 2011, only for the EFCC, after all the media noise and public drama, to come back and reduce what he allegedly stole to N211.3 million!
Interestingly, after 11 years, the case against Senator Gbenga Daniel was dismissed by the Court and the Court even describe the prosecution as malicious.
Most importantly, the EFCC Chairman, Ola Olukoyede, should now have time to go after those he boasted in January, this year, that their cases will be reopened.
Or shouldn’t what is good for Bello of Kogi also be good for Bellos of elsewhere?
Olayinka, a journalist lives with the Irunmales of Oke Agbonna in Okemesi Ekiti
Opinion
MEMORY LANE: West-Idahosa reflects on his earthly sojourn to commemorate birthday
By Dr. Ehiogie West-Idahosa, SAN.
By the Grace of God, I am one year older today. I was born on this day many years ago in St. Philomena’s Hospital, Benin City to Late Hon. Justice Joseph Oghogho Idahosa and late Mrs.Josphine Idahosa.
“I am grateful to God for His mercies and benevolence in my life. I have luckily navigated many dangerous moments in life by the Grace of Almighty God and the prayers of my families and friends. They include police shooting incident at ibadan as a young lawyer, nearly drowning in a big river, receiving middle voltage electricity shock as a child and a host of other mines that are daily encountered in life. I thank God for my ancestry. I thank my late parents for my education and upbringing. I am lucky to have an an extremely good wife and very wonderful children. I thank my brothers, sisters and extended family members for who they are. Very supportive people. I have wonderful friends all over Nigeria and beyond.
I have been lucky to be trusted by by different levels of the Nigerian society to serve in one capacity or the other. By the authority of others, I have served as Sanitary Prefect in Edo College, Benin City, Public relations officer of the Law Students Association, Uniben, Public relations officer of the students’ union, Uniben, branch secretary of Benin branch of NBA, Edo State Secretary of the defunct National Republican Convention (NRC), and thrice elected to the House Representatives, where I served Ovia Federal Constituency, Edo State and Nigeria to the best of my ability and energy. My sojourn in the House is known to many and they are the only persons who can write my testimonial.
I am grateful to Nigeria, Edo people and in particular, the wonderful constituents of Ovia Federal Constituency ( living and dead) for the opportunities given to me to serve them amongst so many ably qualified persons.
I enjoyed the good old Nigeria and hope that it can be recreated for the benefit of the majority of our country men and women. We had patriotic and well meaning leaders who were committed to good governance. They were industrious and nationalistic within the limits of available resources, knowledge, science and energy of that time. It has been tough for our country men and women in the last ten years or so.
But, the Tinubu regime seems to be willing to make big economic decisions in the hope of repositioning our national economy to serve all of us. Some of these decisions have been hurtful in many ways to the majority of our people as they were not incrementally implemented. But, these decisions would only be appreciated, if the dividends intended, begin to trickle down soon. This would mean more fiscal and monetary policy discipline on the part of government itself. There must be a cut on the cost of governance. There is too much of Holly wood life style on the part of public officials. The essence of governance is to serve the people, not to show off with public funds held in trust for the public. They are not personal funds and must be spent prudently for the good of all.
The fight against corruption must be made real. It must be carried out with a sense of equality before the law. As long as many remain untouchable by the law, the fight would remain cosmetic and negatively affect the quality of lives of all of us as funds made to develop our country would continue to vanish into thin air
The increased funding of the component states of Nigeria by Tinubu’s administration is good news indeed. It means that the governors can truly do extraordinary things for residents of the various states, as part of the renewed hope project. They have to noticeably decrease the ratio of infant and maternal mortality. They must work to provide more functional health care centers in urban and rural areas, pay real attention to education from primary to post secondary levels. Significantly, they must give new impetus to tecnical education. It is the way to go in the new world order. The state governments must commit to massive provision of infrastructure in key areas of the economy. They must take a good look at the need to generate more electricity in their states to boost economic development. They must venture into rail transportation. It is the easiest way to move people around in large numbers. It can be done. Lagos state is already leading the way. Others can do the same. It is a matter of exhibiting the requisite political will to do it.
State governments know the importance of security in their respective states. It is not enough to openly support the police with funds, it is equally important to set up covert informal intelligence networks across the states to provide information for the use of formal security apparatus in carrying their out functions.
Nigeria can be great again. It has the raw population, man power, presence in diaspora, sufficient elites in various spheres of life to drive the renaissance.
God bless Nigeria and best wishes to all of us.
Dr. Ehiogie West-Idahosa, SAN
Opinion
“Lessons on Leadership from the Nigerian Law Society (NLS): What the Nigerian Bar Association (NBA) can Learn”
By Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS)
“We must forever conduct our struggle on the high plane of *dignity and discipline* .We must not allow our creative protest to degenerate into physical violence”
-Martin Luther King Jr.’s “I Have a Dream”,August 28, 1963.
The leadership (National Officers) and administrative staff (Executive Director, and ICT and Secretary) of the Nigerian Law Society (NLS) have conducted themselves with utmost “dignity and discipline”.
The NLS “dignity and discipline” in the face of unrelenting attacks and illegal provocation by the Registrar-General of the Corporate Affairs Commission (CAC) and the former President of the Nigerian Bar Association (NBA) is something that students of Masters of Business Administration (MBA) are supposed to use as a case study of exemplary leadership and team work.
From the date December 2023, when a Federal High Court in Abuja gave a favourable judgment in favour of the Nigerian Law Society (NLS) ordering the Corporate Affairs Commission (CAC) to register the Nigerian Law Society (NLS) in compliance with Section 40 of the Nigerian Constitution, 1999 (as altered), it has been one attack after another.
The Registrar-General of the Corporate Affairs Commission (CAC), who is a Senior Advocate of Nigeria (SAN) and who was supposed to apply legally approved methods, refused and resorted to extra-judicial methods such as publishing DEFAMATORY comments against the NLS on both social media and traditional newspapers.
In accordance with it’s principled “dignity and discipline”, the Nigerian Law Society (NLS) refused to respond in kind by engagingin a social media war. Instead, it submitted it’s complaints to the courts of law which were already handling the appeal filed by the same CAC and the NBA.
When these social media methods did not achieve the desired results, the Registrar-General of the CAC, then resorted to writing petitions against the NLS to law enforcement agencies such as the Department of State Security Services (DSS), Police and even the Nigerian Information Technology Development Agency (NITDA) requesting them to shut down the website and other operations of the NLS. NITDA is on record as refusing by telling the Registrar-General of the CAC that only a court of law can give an Order to that effect.
With their characteristic “dignity and discipline” the Executive Director of the NLS personally went to the DSS and Nigerian Police to respond by Submission of both written and oral evidence, to all these petitions by the Registrar-General of CAC.
Even though some members of the National Officers of the Nigerian Law Society (NLS) also have connections within the Nigerian Police and other law enforcement agencies, and could have “unleashed” such law enforcement agencies upon the Registrar-General of the CAC, the NLS resisted the temptation of returning “fire-for-fire”. Instead they chose the path of “dignity and discipline” by reporting all these harassment to the courts of law and the National Human Rights Commission by a visit to the Executive Secretary.
They also paid a visit to the Hon. Attorney-General of the Federation and Minister of Justice to formally notify him of the illegal actions of the Registrar-General of the CAC.
All these foregoing, points to the maturity of the National officers of the Nigerian Law Society (NLS). This maturity cannot be attributed to only one person alone namely Mela Nunge, SAN, who currently serves as the President of the NLS. It is a result of the collective maturity displayed by all the National Officers of the Nigerian Law Society (NLS) who came on board sometime in July 2024.
It is not as if everything is smooth sailing or there are no challenges within the Nigerian Law Society (NLS), however they have managed to manage their egos and internal revolts internally without bringing it into the public domain.
To the contrary, the Nigerian Bar Association (NBA) is recently embroiled in an internal revolt at it’s Rivers State branches that has now spilled into the public domain.
The crux of the matter is that the eight Chairpersons of the Nigerian Bar Association (NBA) branches wrote a letter to disassociate themselves from the decision of the headquarters of the Nigerian Bar Association (NBA) whom they accused of not caring them along as Local Organising Committee (LOC) in the forthcoming NBA national conference due to hold in Port Harcourt, Rivers State.
In opposition to the letter written by the said 8 Chairpersons of the NBA in Rivers State, another group of lawyers have written a disclaimer that the said 8 Chairpersons of the NBA branches of Rivers State do not represent the views of the majority of lawyers in Rivers State.
This recent crisis speaks volumes, it shows that the leadership style of the NBA is bereft of democratic ideals and lacks both the “dignity and discipline” and amicable dispute resolution methods that are the now the characteristic trademarks of the Nigerian Law Society (NLS).
Roll over NBA, welcome the Nigerian Law Society (NLS).
Perhaps it is time that the national officers, EXCO members of the headquarters of the NBA and all it’s chairpersons from the 218 NBA branches should attend a seminar on leadership style to be delivered by the national officers of the Nigerian Law Society (NLS)!!!!
Opinion
SOLUDO, OTTI AND PROSPECTS FOR TRUE NATIONAL INTEGRATION
By Tunde Olusunle
Nigeria’s South East geopolitical zone has courted global notoriety for the multipronged crimes and criminality which has festered over the years. In several public engagements, I’ve had reason to comment on this lingering malaise which never seems to abate. First I wrote “Gunsmoke from the East,” published in The Guardian of August 9, 2021. I equally engaged the subject in “Unknown Gunmen, November 6 and the Epidemic of Bloodletting,” which appeared in The Cable of October 6, 2021. The needless hemorrhaging of precious, oftentimes innocent, definitively irreplaceable lives in the mould of day-to-day Nigerians, technocrats, businessmen, security personnel, cannot be more discomforting. “Travel advisories” emanating from the diplomatic outposts of several countries with nationals in Nigeria, typically classify the South East as a “no-go zone.” Reports from a few friends who spent the last yuletide in their eastern homeland, however, allude to a measure of sanity in the region within the season. Kidnappings were scantily recorded, killings barely reported. Let’s see how the minimisation of blood flow within the season, is sustained for our collective good.
As tribute to the innovations they were bringing to bear on governance and administration in their respective addresses, I had reason to salute governors Alex Otti of Abia, Chukwuma Soludo of Anambra and Mohammed Bago of Niger State in an overview I did last year. The piece was titled “Plaudits for Otti, Soludo and Bago,” and published in Thisday of May 24, 2024. I acknowledged Otti’s frugality and clear-headed focus on multisectoral development, as against the dour, colourless stint of Okezie Ikpeazu his predecessor. Soludo won me over for his determination to encourage and further deepen the development of homegrown competencies and products, while prosecuting an infrastructural makeover of Anambra State. Bago’s recourse to the conscientious development of agriculture in his infinitely blessed state, for local sufficiency and the economic sustenance of his constituents, remains remarkable.
Soludo and Otti are in the news again playing the roles of pan-Nigerian statesmen and helping to paper up the cracks of the edifice of our togetherness as a nation. The percentage parochialism which Nigeria witnessed during the ruinous eight years of Muhammadu Buhari at the helm of national politics and governance, was only comparable to the divisive rhetoric of Nigeria’s pre-civil war era. Buhari exhumed the fossils of our latent ethno-religious fault lines, intentionally imposing a Fulani hegemony on Nigeria to the consternation of the mass of his Nigerian constituents. He said in the early days of his administration, that sections of the country which gave him five percent of their votes, would reap similar measures in political appointments and project appropriation. Buhari made good his threat to a large extent. He punitively appointed Igbos to marginal ministries like Labour and Employment, as well as Science and Technology!
Early last year, Soludo appointed Joachim Achor and Adebayo Ojeyinka as Permanent Secretaries in the Civil Service of Anambra State. Achor is from Abia State, while Ojeyinka hails from Osun State. Ojeyinka by the way was engaged in the Anambra bureaucracy by the third republic governor of the state, Chukwuemeka Ezeife. Okwadike as Ezeife was famously adulated, led the state between January 1992 and November 1993. Ojeyinka grew through the ranks in the Anambra system, logging over three decades before his elevation last year. The process which produced him was merit-based. It included a computer-based examination, an engaging search process including security verification, and a one-on-one interaction with the governor.
Southwards from Awka, the Anambra State capital, Alex Otti of Abia State last week appointed Benson Ojeikere as the new Head of Service of the Abia State Civil Service. A little over 30 years ago, Ojeikere underwent the National Youth Service Corps, (NYSC) in Abia State. He emerged the best participant in the mandatory one-year exercise and was granted automatic employment by the incumbent regime at the time. It is a measure of his qualities and the implicit confidence reposed in him by successive administrations in Abia State, that Ojeikere’s brief before his recent elevation was that of Permanent Secretary in Government House, Umuahia. At Ojeikere’s inauguration, governor Otti re-echoed the sentiments of Soludo, his counterpart in Anambra State. He spoke of the imperative to “build a system where meritocracy triumphs over mediocrity, where the best and brightest can rise to the top, regardless of their ethnic backgrounds.”
This same pan-Nigerian vision, has successively informed the broad-arms embrace of Nigerians from all over into the scheme of governance in Lagos State, for example, over the years. Lai Mohammed, (Information Minister under the Buhari regime) from Kwara, and Rauf Aregbesola, (former Governor of Osun State and immediate past Minister for Interior), from Osun, savoured national political limelight under the Bola Tinubu governorship in Lagos, between 1999 and 2007. Dele Alake, (incumbent Minister for Solid Minerals); Opeyemi Bamidele, (Leader of the Senate), both from Ekiti, and Biodun Faleke, (a ranking member of the House of Representatives) who is primarily from Kogi State, are all alumni of the Tinubu “Lagos School.” Indeed, between Tinubu’s addresses as Governor of Lagos State and National Leader of the All Progressives Congress, (APC), his media advisers, Segun Ayobolu, Sunday Dare and Tunde Rahman, hail from Kogi, Oyo and Osun states.
If the sociocultural backgrounds of the above listed is unanimously Yoruba, if they bear etymological consangiunity with Lagos State, how about Ben Akabueze, who was commissioner for budget and economic planning under Tinubu in 2007 and thereafter Director-General of the Budget Office under Buhari? How about Joe Igbokwe, a serving Special Adviser to Governor Babajide Sanwo-Olu of Lagos? As Governor of Edo State, Adams Oshiomhole took along with him from the labour movement, Olaitan Oyerinde who served as his Principal Secretary. Sadl, Oyerinde was assassinated in May 2012, a matter which remains unresolved like most other murder cases in our country. All through his years as Governor of Bayelsa State, Henry Seriake Dickson had with him Francis Otah Agbo from Idomaland in Benue State, as one of his closest aides and confidants. Dickson indeed supported Agbo to vie for a seat in the House of Representatives which he won.
Between 1999 and 2007, Sheddy Ozoene from Enugu State was Chief Press Secretary to the Governor of Delta State, James Ibori. Back in 2003, Festus Adebayo from Ondo State, was Special Assistant, (Public Policy Analysis) to the Enugu State Governor at the time, Chimaroke Nnamani. As governor of Kaduna State, Nasir El Rufai had Adebisi Lawal, from Ogun State and Muyiwa Adekeye, from Kwara State as his advisers on Investment, and Media, respectively. Fausat Adebola Ibikunle, also from the Yoruba country was his Commissioner for Housing and Urban Development. Veteran journalist Bala Dan-Abu from Kogi State was spokesperson for the immediate past governor of Taraba State, Darius Ishaku. The foregoing discourse is apposite because it attests to the feasibility and sustainability of authentic integration in our socioculturally divergent polity, if intentionally prosecuted.
Except deployed for political mischief, except triggered by hard-line extremists, ethnicity and religion are barely divisive elements in our coexistence as a people. This reminds of a section of the lyrics of the song Me and You No Be Enemy, with the refrain “We Suppose to Be Family,” by Lagbaja, a post-Fela Anikulapo-Kuti Afrobeats legend. The song was released over two decades ago. Lagbaja’s treatise contends that if the colour of our tongues is the sole measure of our individual origins and backgrounds, humans from all over the world could all have evolved from the same biological roots! All tongues are red, Lagbaja reaffirms, while asking rhetorically what the distinguishing features would be, between a Nigerian and a Ghanaian; an Indian and a Pakistani; an English man and an American, if they stood in a file line.
By acknowledging and rewarding competence and merit as against sectionalism and parochialism in statecraft, Soludo and Otti have proven to us that we can together build a genuinely egalitarian country. We can draw from the diverse pool of human resource abundance available to us as a country to propel this country to greater heights at every level. Six Nigerians: Azeez Butali, Ijeoma Opara, Oluwatomi Akindele, Eno Ebong, Oluwasanmi Koyejo and Abidemi Ajiboye, medics, engineers and professors, were recently honoured by outgoing American President, Joe Biden. They received the Presidential Early Career Award for Scientists and Engineers, (PECASE). Their country of primary origin was not a parameter for measuring their intellectual and professional competencies, even as Biden’s successor, Donald Trump, once caustically categorised Nigeria as a shit hole country.
The colours of the skins and eyes of the Nigerians so acknowledged by Biden didn’t matter. The quality and value with they continue to avail to humanity was uppermost. Food for thought for leaders intent on imprinting landmarks on the aisles of time.
Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja
-
News18 hours ago
Just in: Gov Soludo reveals those behind kidnapping in SE, says it’s now a lucrative biz
-
News10 hours ago
FG Accepts New VAT Sharing Formula Proposed By Governors
-
News10 hours ago
Finally, court bars FRSC from arresting vehicles, penalizing motorists faded number plates
-
News23 hours ago
Police declare Ex-President Jonathan’s aide , Reno Omokri wanted
-
News20 hours ago
Sad! Train Crushes Man To D3ath In Oshodi, Lagos
-
Politics20 hours ago
Just in: Senator Nwoko reportedly dumps PDP for APC
-
Opinion10 hours ago
SOLUDO, OTTI AND PROSPECTS FOR TRUE NATIONAL INTEGRATION
-
News5 hours ago
Catholic church suspends priest over alleged secret marriage in US