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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.

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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.

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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;

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“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.

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“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.

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“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.

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“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.

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Angry mob sets two revenue collectors ablaze in Anambra

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By Kayode Sanni-Arewa

An angry mob has reportedly set ablaze two yet-to-be-identified revenue collectors of the Anambra State Government for causing a tipper driver to ram and kill a bystander at the Old Market Road along Venn Road by Egerton Bus Stop in Onitsha, Anambra State.

The incident, which occurred on Friday, caused confusion, thereby leading to gridlock in the area.

Eyewitnesses near the scene said the tipper driver lost control of the vehicle and rammed into the bystander as the revenue touts were dragging the steering of the vehicle with him.

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According to sources, the revenue collectors were chasing the tipper driver over a payment they wanted him to make before he rammed into the man.

One of the sources said, “There was chaos in Onitsha as an angry mob set ablaze about two revenue touts, while four others were lucky as they managed to escape. The revenue collectors, numbering about six were chasing the tipper driver over a certain amount they asked him to pay.

“As they were chasing him, some of them were dragging the steering with him, but unfortunately, in the process, the tipper driver lost control and rammed into a passerby, killing him instantly.

“Immediately, the revenue collectors saw the damage they had caused; they tried to flee the scene, but the Onitsha mob got angry and descended on them, setting ablaze two of them instantly while four of them managed to escape.

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“This is one death too many that has been going on in Anambra in the last two years. The person who the tipper driver rammed into was a known person. We cannot continue like this anymore. These revenue touts of the state government have killed more Ndi Anambra than non-state actors.”

Another source and a trader in the area also said, “Onitsha was hot this morning at Egerton by Old Market Road. Revenuemen were dragging steering with a tipper driver because he refused to bribe them, and in the process, the vehicle ran over an innocent man.

“Then, seeing the result of their stupid action, they tried to run away. But the angry people chased and caught two of them and set them on fire.”

The videos of the incident showing the burnt corpses of the revenue collectors have been making the rounds on social media to corroborate the story.

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The Chairman of the association, Ebuka Unekwe, who also confirmed the development, lamented that the revenue collectors have been a pain on the neck of tipper drivers in the last two years.

When contacted on the development, on Saturday, the Anambra State Police Command’s spokesman, SP Tochukwu Ikenga, confirmed the development, saying the police have responded swiftly to bring the situation under control.

He said, “Anambra Police responded swiftly on the receipt of the fatal accident that happened within that area.

“We are already working with the relevant authorities to ascertain what happened and find an amicable solution to such, especially on future occurrences.

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Igbos to boycott Arise TV over Abati’s uncouth statement

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The Indigenous People of Biafra lawyer, Ifeanyi Ejiofor, has called on Ndigbo to boycott Arise TV until its anchor, Reuben Abati, tenders an unreserved apology.

The former Special Adviser on Media and Publicity to former President Goodluck Jonathan, Reuben Abati, recounted during a morning programme how a former minister could not buy land for his wife in Igbo land.

Abati’s statement that Ndigbo does not sell land to non-indigenes generated condemnation from the people of the South East region.

Most X users of Igbo extraction accused Abati of committing ethnic bigotry against the group.

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In reaction on Friday, on his X handle, Ejiofor alleged that he had previously taken on the former presidential spokesman for his alleged anti-Igbo statement.

“When I confronted Abati frontally on a live television interview (TheMorningShow) a few years back about his deep-rooted hatred for Igbos and our struggle for freedom from enslavement within Nigeria’s political arrangement, I was fully seized of the disturbing facts of his ethnic bigotry. It is inborn in him; thank God he could not hide it any longer,” he narrated.

The IPOB lawyer demanded Arise TV’s owner, Nduka Obaigbena, mandate Abati to apologize to Ndigbo. He called on South East indigenes to boycott the station if Abati failed to tender a public apology.

“Reuben Abati must tender an unreserved public apology to Ndi Igbo, but if Nduka Obaigbena condones his anti-Igbo sentiment (Igbophobia), then, this should be a convenient point for Igbos to boycott, in its totality, the promoting of all programmes on Arise TV platforms,” Ejiofor stated.

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Minimum Wage: Our deadline remains December 1 -NLC insists

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The national leadership of the Nigeria Labour Congress (NLC) has insisted its December 1, 2024, deadline for state governors to implement the new minimum wage remains unshakeable.

The Labour Union who disclosed this in a statement issued by NLC’s Head of Protocol and Public Relations, Benson Upah warned that non-compliance with the directive will not be tolerated.

Ubah emphasized that the ultimatum remains unchanged, urging state governments to finalize agreements with labour unions before the deadline, noting that states like Sokoto, Zamfara, Taraba, and Plateau have taken significant steps to comply.

Explaining further, he stated that Sokoto has initiated wage adjustment proposals, while Taraba and Plateau recently approved an N70,000 minimum wage.

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Similarly, Zamfara state has put in plans for implementation after verifying its workforce.

However, states such as Cross River, Osun, and Imo remain in negotiation or unresponsive.

This has raised concerns about meeting the deadline set by NLC.

The NLC and the Trade Union Congress (TUC) continue to monitor compliance across the nation, advocating for fair wages amidst rising inflation.

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