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EFCC Vs Yahaya Bello: Appeal Court Asked To Vacate Arrest Warrant, Trial Court To Adjourn Case Indefinitely, Return Case File To CJ
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The arraignment of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, over the alleged N80 billion money laundering charges made against him by the Economic and Financial Crimes Commission (EFCC), scheduled for tomorrow (Wednesday) may be stalled again, as Justice Emeka Nwite of the Federal High Court, Abuja, has been asked to adjourn indefinitely, proceedings in the charge, pending the determination of an appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
In the Appeal No. CA/ABJ/CR/535/2024, in which the trial Judge, Justice Emeka Nwite is being accused of miscarriage of justice, Bello is, through his Counsels, Musa Yakubu (SAN) & Co, seeking the setting aside of the Warrant of Arrest believed to have been illegally issued against him on April 17, 2024, as well as return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another Judge.
According to the News Agency of Nigeria (NAN),the Appeal was filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024.
The former governor is also seeking an order of the Appeal Court, setting aside service of the EFCC Charge on him by substituted means, including the entire proceedings already conducted in the case.
In a letter to Justice Emeka Nwite, dated July 12, 2024, counsel to Bello, Musa Yakubu (SAN) requested that further proceedings in the charge be adjourned sine die, pending the determination of the appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
The letter obtained by NAN and a copy of which was sent to the National Judicial Council (NJC) and Chief Judge of the Federal High Court, was in response to a letter to Justice Nwite, by the EFCC, dated July 8, 2024 and filed on the July 10, 2024, according to information from the court registry.
In the letter, the EFCC requested for a variation of the earlier warrant of arrest issued against Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
Responding to the EFCC’s application, Bello’s counsel urged the Court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the controversial warrant of arrest and other related pronouncements of the trial Court.
According to counsel to Bello;
“Drawing from the position of the law as contained in Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 and the pronouncement of the Supreme Court in the case of Vab Petroleum INC V. Momah [Supra] and a litany of other cases too numerous to mention here; we respectfully urge this Honourable Court ex debito justitiae to:
“set aside and expunge from its records the proceedings of the 27th June, 2024, including any ruling, order or directive, same having been conducted in the face of the Defendant’s appeal entered on the 24th of May, 2024 and therefore reached per incuriam;
“Refuse to countenance the application of the Complainant made vide the letter filed on the 10th of July, 2024 and or in the alternative refer same to the Court of Appeal for determination;
“Adjourn further proceedings in this charge sine die pending the determination of Appeal No: CA/ABJ/CR/536/2024 entered by the Defendant and pending at the Court of Appeal, Abuja.
“The letter read in part; “The Defendant to the Charge had on the 17th of May, 2024 filed a notice of appeal against the ruling of this Honourable Court made on the 10th of May, 2024 refusing to discharge brevi manu the warrant of arrest issued against the Defendant.
“The Defendant pursuant to the said notice of appeal, compiled and transmitted record of appeal to the Court of Appeal and entered on the 24th of May, 2024, Appeal No: CA/ABJ/CR/536/2024.
“Notwithstanding the foregoing, the Complainant has now filed the above referenced application seeking for the amendment of the warrant of arrest which was hitherto directed to the complainant only, to have it extended to the heads of other security and law enforcement agencies listed in the prosecuting Counsel’s letter.
“My Lord, this Honourable Court cannot countenance the application or do anything with respect to the aforesaid warrant of arrest or conduct further proceedings in this charge in view of the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 which is to the effect that:
“After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto.’ Except as may be otherwise provided in these Rules, every application therein shall be made to the Court and not to the lower Court.
“The warrant of arrest upon which the Complainant’s application is predicated, is subject of appeal in Appeal No: CA/ABJ/CR/536/2024 and by the above reproduced provision of the Court of Appeal rules, this Honourable Court has become functus officio and no longer has the jurisdiction to entertain any application or do anything touching on the warrant of arrest issued on the 17th of April, 2024 as the Court of Appeal is now seized of the matter. By virtue of the appeal entered by the Defendant, the warrant of arrest subject of the Complainant’s application is now in total abeyance pending the determination of the Defendant’s appeal one way or another.
“To take any contrary step to the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, would be tantamount to undermining the Constitutional guaranteed Appellate jurisdiction of the Court of Appeal under Section 240 of the Constitution of the Federal Republic of Nigeria (as amended) and against the grain of settled position of the law established by the Supreme Court of Nigeria to the effect that, when an appeal has been entered, the lower Court no longer has the jurisdiction to do anything in the matter and ought to abide by the decision of the Appellate Court as any step taken by the trial Court in the face of such appeal is a nullity. see the case ofVab Petroleum INC V. Momah [20131 14 NWLR Part 1374 P. 284.
“Furthermore, the attention of Justice Emeka Nwite was drawn to a similar case, also a criminal appeal,’ in which Justice Ismail Ijelu of the High Court of Lagos State stayed further proceedings, the Appellant having entered an appeal in Appeal No: CAIL/1159/2023 Between Chief Cletus Ibeto V. Federal Republic of Nigeria, challenging the warrant of arrest earlier issued against him, in the face of his preliminary objection challenging the jurisdiction of the lower Court to entertain the charge filed by the Complainant against him.
“The trial High Court, a Court of co-ordinate jurisdiction with Your Lordship’s Court has stayed further proceedings in the charge pending the determination of the appeal entered by the Appellant therein.
“The Complainant’s application to you therefore, ought not to have been filed at all or if need be, ought to be brought before the Court of Appeal, Abuja which is now seized of the matter. The Complainant’s Counsel as a senior member of the Bar is under a duty to have brought the appeal entered by the Defendant to the attention of this Honourable Court even during the proceedings of 27th of June, 2024, is rather proceeding egregiously as if he is oblivious of and impervious to the appeal entered by the Defendant to the Charge before your Lordship’s Court.
“We, therefore, respectfully urge your Lordship not to be misled sir or hoodwinked by the Complainant into a head on collision with the Court of Appeal, but rather tow the above stated and well-established course of action.
“To do otherwise, would be an affront on the hallowed principle of judicial hierarchy and stare decisis which is the very foundation of our legal system,” the letter read further.
News
Residents express concern over return of Turji, as DHQ officials keep mum
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The Defence Headquarters has remained silent following the return of terrorist kingpin, Bello Turji, which has sparked panic among residents of Sokoto State.
In separate operations conducted in January 2025, the military announced the killing of Aminu Kanawa, the second-in-command to Turji, along with 31 other fighters and Turji’s son.
The DHQ also reported that troops inflicted serious injuries on some of Turji’s close allies, including his younger brother.
The military stated that Turji fled during one of the operations, calling him a coward for abandoning his son and fighters during the gun battle.
However, a member of the Sokoto State House of Assembly representing Sabon Birni Local Government, Aminu Boza, told journalists last week that Turji had resurfaced in Sokoto State and imposed a N25m levy on villages.
He also revealed that Turji had set up camp in a forest in the Isa Local Government Area.
“Bello Turji is currently in the Isa and Sabon Birni axis of Sokoto. He has even imposed a N25m levy per village in some communities,” Boza said, adding that Turji had been collecting taxes from the local population.
Turji’s re-emergence has heightened fears among residents who have long suffered from the activities of bandits in Sokoto and neighboring areas.
Efforts to reach the Director of Media Operations, Maj. Gen. Markus Kangye, for comments on what the military is doing to allay residents’ fears proved abortive.
Calls and messages to his line from last Thursday through Sunday had yet to be answered at the time of filing this report.
Meanwhile, Sokoto State Governor, Dr. Ahmed Aliyu, has reiterated his administration’s unwavering commitment to tackling insecurity in the state.
Speaking on Saturday at a security summit organised by the Movement for Social Justice in collaboration with the Sokoto State Government, Aliyu emphasised the need for accountability and transparency in security management.
He acknowledged the widespread security challenges facing Nigeria, which have significantly hindered the country’s economic, political, and social development.
According to him, every region in the country faces distinct security threats, with Sokoto and other North-West states grappling with banditry, kidnapping, and cattle rustling—especially in the eastern part of the state.
Governor Aliyu stated that upon assuming office, his administration swiftly implemented decisive measures to improve security through collaboration with conventional security agencies.
“Before we came into office, several communities were under the control of bandits, who dictated the terms of daily life to residents,” he said.
To address the situation, the governor outlined several proactive steps taken by his administration, which includes, “restoring security allowances previously owed to security personnel and procuring and distributing over 140 Buffalo and Hilux vans to security agencies for enhanced surveillance.”
“Providing motorcycles to the Department of State Services to improve intelligence gathering, sharing, and surveillance as well as upgrading DSS tracking equipment from 2G and 3G to 5G technology.”
Furthermore, Governor Aliyu highlighted the establishment of the Sokoto State Security Guard Corps to complement conventional security forces.
The corps, he said, had been equipped with Hilux vans, 700 motorcycles, and fully operational offices in the 13 local governments most affected by insecurity.
Additionally, the government has facilitated the full operationalisation of the Sokoto State Air Force Base by providing essential facilities, including hangars and other logistical support, to strengthen aerial surveillance and neutralise bandit hideouts.
Governor Aliyu reaffirmed his administration’s commitment to promptly addressing the needs of security agencies, emphasising that these efforts had led to a noticeable reduction in banditry.
He noted that security forces have successfully repelled several attacks, demonstrating the effectiveness of the measures put in place.
“Our administration is fully committed to ensuring the safety of Sokoto State. We are prepared to spend every last kobo in the state’s account to protect our people,” he declared.
Credit: PUNCH
News
We are achieving success as insecurity in the Northwest is diminishing – Defence Minister
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Alhaji Muhammed Badaru Abubakar, Nigeria’s Minister of Defense, has reported a considerable improvement in the security situation in the Northwest and north-central regions of the country.
He ascribed this positive development to persistent and coordinated military actions against banditry, particularly in the states of Zamfara, Sokoto, Niger, Katsina, and Kaduna, where security challenges have been notably severe.
Speaking to journalists in Birnin Kudu, the headquarters of Birnin Kudu Local Government Area in Jigawa State, the minister reaffirmed the federal government’s commitment to completely eradicating insurgency before the year ends.
According to him, various stakeholders—including opinion leaders, civil society organizations (CSOs), and local residents—have acknowledged a noticeable reduction in terrorist and bandit activities.
“From the feedback we are receiving, people across the affected areas are confirming that the security situation has improved significantly. However, despite these positive developments, we remain committed to building on these achievements,” he said.
He further emphasized that the government is prioritizing adequate logistical support for the armed forces to ensure they have all necessary resources to maintain and enhance security efforts throughout the year.
News
FLASH BACK: Orderly Shares authentic story of General Murtala’s escape from Dimka’s initial gunfire
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…says he would have survived the coup
Had the coup plotters led by Lt. Col. Buka Suka Dimka not noticed the door of General Murtala Muhammed’s Mercedes Benz car opened minutes after it was sprayed with bullets from AK-47 assault rifles, triggering another round of firing, perhaps the late Head of State would have survived the brutal attack.
The lone survivor and Orderly to the late Head of State, Staff Sergeant Michael Otuwu, broke his silence in a highly emotional interview with The AUTHORITY Daily, nearly 40 years after the tragic incident.
According to the Orderly, on their way to work on the morning of Friday, February 13, 1976, the Head of State left his personal house in Ikoyi and was headed to work in Dodan Barracks, the seat of government, which he said was being renovated at the time.
Otuwu disclosed that beside the Head of State was his ADC, Lt. Akintunde Akinterinwa, himself (Otuwu) directly seated in the front passenger’s seat, with Sergeant Adamu Michika behind the wheels.
According to the Orderly, as the unsuspecting car of the Head of State stopped before a row of cars at a junction, he noticed a man in a traditional attire, babanriga (he later identified him as Dimka) who approached the car, removed the flowing robe and pulled out an AK-47 rifle, shooting the driver in the head point blank.
According to the Orderly, having disabled the car by killing the driver, other soldiers clad in robes, ran towards Murtala’s car and opened fire.
“The Head of State, his ADC and I all ducked while the shooting lasted,” narrated the Orderly, sobbing uncontrollably as he recalled the traumatic incident. After the shooting, Otuwu continued, he heard the gunmen running towards the Radio House.
A few minutes later, he continued, he noticed that the injured ADC opened his door, apparently to come to the aid of the equally injured Commander-in-Chief.
According to the Orderly, the opened door alerted the assailants that the occupants of the vehicle were not dead – and this prompted the coup plotters to return a second time to, again, open fire on the car in order to finish them off. He passed out.
According to Otuwu, Generals TY Danjuma and Olusegun Obasanjo were lucky because they were also targets but escaped because they did not leave for their offices as early as Murtala did and they heard the radio announcement which may have fatefully altered their movement plans.
According to Otuwu, who enlisted in the Nigeria Army in 11 September, 1967, he had moved early that morning with the late Head of State from his Ikoyi residence to Dodan Barracks because the overthrown General Yakubu Gowon had not evacuated the official residence and it was not yet renovated.
His words:
“I was his Orderly throughout to his last day during the Dimka coup. I was inside the car with him when he was killed.
“On the morning of that February 13, we were going to the office. Sergeant Adamu Michika was the driver; Sergeant Akintunde Akinterinwa, his ADC, sat behind the driver. As an Orderly, I was in front with the driver.
“While the Head of State sat behind me – I was the one who opens the door for him. That fateful day I came up in the morning to carry him to the office in Dodan Barracks. We got to the former Secretariat, now at Ikoyi, which was under construction.
Before the place they call Alagbon junction, near the labour office. The official car was a Mercedes Benz 600. It is still at the National Museum. There were about four or five vehicles in front of us. You know at that junction there was traffic. We didn’t go with sirens. During his time we didn’t go with escorts with the accompanying out-riders, road-closed signs and all that.
So when we got to the Alagbon junction, the traffic warden stopped the vehicle and we were in the queue. We were the fifth or sixth vehicle behind the forward vehicles that were stopped. That secretariat was under construction.
They put zincs around the compound behind that secretariat. Then some soldiers came in Agbada carrying AK-47 rifles. “They wore uniforms but covered them with Agbada. They had their Kalashnikovs with Agbada cover-up in form of camouflage. We never knew they were even waiting for us. Then one soldier from Golf Road shot and got our driver, Sergeant Michika. Our motor was neutralized.
“Between me and the driver was an arm-rest. On that arm-rest was Oga’s brief case. In this brief case he puts civil dress he could use as needed. When he wants to go to Mosque, he does not like going back to Ikoyi to change.
“Then some other soldiers converged on us. I can’t recall their number. They began to spray us from the back. All of us took cover. I fell on top of the driver; the blood of the driver covered my head. They thought the bullet got my head.
“After the first shooting and without return of fire they must have assumed that we were all dead. The shooting was actually in two phases. They ran to the NBC to announce the assassination. They shared themselves into three.
“There was a group waiting for Obasanjo when he was about to go to the office. Also another group was waiting for TY Danjuma at Bourdillon – our own was at Ikoyi Road. It happened we were the first target that moved early from the house to the office.
“Before Obasanjo and TY Danjuma moved to their offices they have already heard the radio announcement. By the time of the first shooting, we being the target and their running to NBC to go and announce that they have already finished their assignment, the ADC who was still alive, thinking they were gone, opened the door of the Benz.
“In the first spraying of the car, except the driver who was killed, the three of us were injured but not dead. On observing the car door opening, one of the attackers, still within range, a Major, called to the others: “he never die, he never die.” He was calling his group to return.
“This time around when they came back they finished their entire magazines. That was what happened. They carried everybody to the mortuary at Igbosere Hospital, not far from Kam Salem Police Headquarters. Because of the extreme cold of the mortuary, my left hand started shaking and one of the attendants saw it and called the nurses or doctors and said somebody was still alive.
“From there they checked and confirmed I was still breathing. So they had to look for a vehicle to carry me to Dodan Barracks. From Dodan Barracks they looked for an ambulance and carried me to a hospital, Awolowo Road hospital, a military hospital.”
Otuwu, who hails from Kogi State, spent six months in the hospital after his miraculous survival. He has not been recognized by the army or the state.
Presently, he does a few jobs for late General Murtala’s son, in Abuja.
Credit: The Archives.
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