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Diezani’s suit challenging sale of assets by EFCC stalled over judge’s absence
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A suit filed by the former Minister of Petroleum, Diezani Alison-Madueke, to challenge an order obtained by the Economic and Financial Crimes Commission (EFCC) for final forfeiture of her seized assets, was stalled yesterday at a Federal High Court in Abuja.
The matter, which was before Justice Inyang Ekwo, was fixed for further mention in the day’s cause list.
But the case could not proceed because the court did not sit.
Justice Ekwo was said to be attending a seminar at the National Judicial Institute (NJI) in Abuja.
The matter was subsequently fixed for November 21.
The News Agency of Nigeria (NAN) reports that the ex-minister had, through her counsel, Chief Mike Ozekhome (SAN), sued the anti-graft agency as sole respondent.
Alison-Madueke had sought an order extending the time to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct a public sale on her property.
In the motion dated and filed on January 6, 2023, by her lawyer, the former minister sought five orders from the court.
The former minister, who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae” (from or as a debt of justice).
Alison-Madueke alleged that she was not given a fair hearing in the proceedings leading to the orders.
“The various court orders issued in favour of the respondent and upon which the respondent issued the public notice were issued in breach of the applicant’s right to fair hearing, as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.
The former minister argued that she was neither served with the charge sheet and proof of evidence in any of the charges nor with any other summons on the criminal charges pending against her before the court.
She also argued that the courts were misled into making several final forfeiture orders against her assets through suppression or non-disclosure of material facts.
“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment and suppression of material facts, and this honourable court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all.
“The orders were made without recourse to the constitutional right to fair hearing and right to property accorded the applicant by the constitution.”
“The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” she said, among other grounds given.
But in a counter-affidavit deposed to by a detective with the commission, Mr. Rufai Zaki, the EFCC urged the court to dismiss her application.
Zaki, a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-minister and some other persons involved in the case, said the investigation clearly showed that she was involved in some acts of criminality.
“We hereby rely on the charge, dated November 14, 2018, filed before this honourable court and also attached as Exhibit C in the applicant’s affidavit,” he said.
The EFCC operative said most of the depositions in Alison-Madueke’s suit were untrue.
He added that contrary to her deposition in the affidavit filed in support of the suit, most of the cases, which led to the final forfeiture of the contested property “were action in rem, same was heard at various times and determined by this honourable court”.
Zaki said the courts ordered the commission to do a newspaper publication inviting parties to show cause why the named property should not be forfeited to the Federal Government before the final orders were made.
The EFCC operative named Nnamdi Awa Kalu as representing the ex-minister in reaction to one of the forfeiture applications.
“We humbly rely on the judgment of Justice I. L. N. Oweibo, dated September 10, 2019, shown in Exhibit C of the applicant’s affidavit,” he said.
Zaki explained that contrary to her argumnet, the final forfeiture of the assets, which were subject of the present application, was ordered by the court in 2017 and that it was not set aside or upturned on appeal.
According to him, the properties have been disposed of through due process of law.
NAN recalls that Justice Ekwo had, on June 21, 2023, fixed October 23, 2023 for hearing of the suit
The judge had fixed the date after a lawyer who appeared for Alison-Madueke, Benson Igbanoi, and EFCC’s counsel, M. D. Baraya, regularised their processes in the suit.
The anti-corruption agency had planned to conduct a public sale of all the assets seized for being proceeds of crime, as ordered by courts, to be permanently forfeited to the Federal Government.
The auctioning, conducted on the seized assets believed to include Alison-Madueke’s property, started on January 9, 2023.
The suspended EFCC Chairman Abdulrasheed Bawa had revealed that $153 million and over 80 properties had been recovered from the ex-minister.
Alison-Madueke was alleged to have escaped to the United Kingdom (UK) and remained there after her exit from public office as the Petroleum Minister, an office she held between 2010 and 2015 under the administration of former President Goodluck Jonathan.
The asset-related suit is different from the one she also filed to seek N100 billion as compensation for a series of EFCC’s alleged libelous publications against her.
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Kill your 2027 election, PDP, LP chieftains advise Atiku
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By Kayode Sanni-Arewa
A member of the National Executive Committee of the Peoples Democratic Party, Diran Odeyemi, and a chieftain of the Labour Party, Anslem Eragbe, have advised former Vice President Atiku Abubakar to kill his 2027 presidential election ambition.
Both Odeyemi and Eragbe said the South should be allowed to rule for eight years.
They said the 2027 southern president might not necessarily be President Bola Tinubu.
Eragbe, in an interview with Sunday PUNCH, argued that Atiku should not have contested the 2023 presidential election because it was the turn of the South to produce a president.
He said, “Atiku was not supposed to contest the 2023 presidential election because it was the turn of southern Nigeria. It is the turn of the South till 2031.
“Being a former Vice President of Nigeria for eight years; Atiku knows Nigeria’s power drill and equation. He should support younger Nigerians to power and provide guidance in 2027.”
Asked if the former Vice President would breach any law if he chooses to run for the nation’s highest office in 2027, Eragbe said the PDP stalwart “is entitled to his ambition and aspirations, adding however that “2027 – 2031 is for southern Nigeria.”
According to him, the 2027 presidency shall remain in southern Nigeria and should be zoned to the South-South region.
“It should be further micro-zoned to the (defunct) mid-Western region. I mean the defunct Bendel, now Edo and Delta states. We expect the major political parties to do this for equity, justice, fairness and parity.
“However, should President Bola Tinubu, win the 2027 presidential election and continue till 2031, power shall return to Northern Nigeria,” he added.
The former President of the Student Union Government of Ahmadu Bello University, Zaria, added that when compared with other geo-political zones in the country, the South-South had spent the least number of years on the presidential seat.
“The region that has ruled the least in Nigeria is the South-South with only five years under Goodluck Jonathan and should rule Nigeria again beginning from 2027.
“When put together, the North-Central spent a total of 17 years and 11 months, North-West, 17 years, three months; North-East, 10 years, three months; South-West, 15 years, four months by the time Tinubu finishes his term in May 2027; South East spent five years and nine months and the South-South, the only region to spend five years only on the presidential seat,” he added.
Eragbe called on the political parties to identify credible politicians, regardless of their financial status, to fly their flags for the various elective offices, stressing that 2027 would be another opportunity to right the wrongs of the past.
Speaking with Sunday PUNCH, Odeyemi stated that the ex-vice president’s participation in the 2023 presidential election and his perceived ambitions for 2027 were the causes of PDP crisis.
He charged Atiku to bury his ambition, adding that once the former vice president failed to declare interest in 2027, the crisis in the party would be over.
The 2023 election was originally supposed to be between southerners, as former President Muhammadu Buhari, a northerner, had just completed eight years in office. However, Atiku insisted on exercising his rights, which is why there is a crisis in the PDP,” he stated.
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Why Buhari govt was shoved aside – IBB
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By Kayode Sanni-Arewa
Ex-military head of state, Ibrahim Badamasi Babangida (IBB), has stated that he shoved aside Muhammadu Buhari’s regime because he believed his policies were detrimental to the nation’s progress.
The former military leader disclosed this in his autobiography, ‘A Journey In Service’, launched in Abuja on Thursday.
Babangida was chief of staff to Buhari, who ousted Shehu Shagari’s civilian government in the December 31, 1983 coup.
After the military coup that replaced the civilian government of Shehu Shagari with a military regime led by Major General Muhammadu Buhari, Ibrahim Babangida assumed the Chief of Army Staff role.
However, he became increasingly dissatisfied with the Buhari government’s policies and leadership style, which he described as draconian.
Recalling how he journeyed from Minna to Lagos on August 27, 1985, to assume office, Babangida said tension had already begun to build up since the start of the year, and a change in leadership had become necessary.
He said, “On that day, it became my lot to step into the saddle of national leadership on behalf of the Nigerian armed forces. The change in leadership had become necessary as a response to the worsening mood of the nation and growing concern about our future as a people. All through the previous day, as we flew from Minna and drove through Lagos towards Bonny Camp, I was deeply reflecting on how we as a nation got to this point and how and why I found myself at this juncture of fate.
“By the beginning of 1985, the citizenry had become apprehensive about the future of our country.
The atmosphere was precarious and fraught with ominous signs of clear and present danger. It was clear to the more discerning leadership of the armed forces that our initial rescue mission of 1983 had largely miscarried. We now stood the risk of having the armed forces split down the line because our rescue mission had largely derailed. If the armed forces imploded, the nation would go with it, and the end was just too frightening to contemplate.
“Divisions of opinion within the armed forces had come to replace the unanimity of purpose that informed the December 1983 change of government. In state affairs, the armed forces, as the only remaining institution of national cohesion, were becoming torn into factions; something needed to be done lest we lose the nation itself. My greatest fear was that division of opinion and views within the armed forces could lead to factionalisation in the military. If allowed to continue and gain root, grave dangers lay ahead.”
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How CBN Spent $8bn On Naira Defence Against Dollar At FX Market
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By Kayode Sanni-Arewa
The Chief Executive Officer of Financial Derivatives, Bismark Rewane, has revealed that the Nigerian government, through the Central Bank of Nigeria, has spent almost $8 billion defending the naira at the foreign exchange market in the last months.
Rewane, a renowned economist, disclosed this at the weekend in an interview with Channels Television.
He was reacting to the decision by the Monetary Policy Committee to retain the country’s interest rate at 27.50 percent at the same time, maintaining other MPR parameters.
Explaining the reason the Naira has appreciated to N1,505 and N1,507 across parallel and official foreign exchange markets, he noted that the apex bank has several initiatives to support the country’s currency.
“We’ve also borrowed $4 billion in bond issues. When you take a look at that, you’ll see there is a lot of work. We’ve actually spent almost $8 billion trying to support the naira at current levels,” Rewane stated.
According to him, Nigeria’s January inflation figure, which dropped to 24.48 percent after the Consumer Price Index rebasing, does not reflect the reality of ordinary Nigerians.
“There’s no way that inflation can reduce by 10% in a short period. The man on the street does not believe that inflation has come down as sharply as that,” he said.
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