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Tensions In Kogi As Supreme Court Gives Verdicts On Appeals Against Yahaya Bello On Monday
There are increasing tensions in Kogi State as the people await the verdicts of the Supreme Court on two separate appeals against the return of Yahaya Bello as governor of the state.
The Peoples Democratic Party (PDP) and its governorship candidate, Mr. Musa Wada, and the Social Democratic Party (SDP) and its candidate, Natasha Akpoti, had approached the apex court to upturn the judgements of the Court of Appeal, which affirmed the re-election of Bello. A seven-man panel of the Supreme Court presided by the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, on Tuesday adjourned to Monday, August 31, judgements on the two appeals after taking the submissions of lawyers to the parties.
Tensions had been rising in the state since the last week following the announcement that the Supreme Court was set to hear the appeals on August 25.
Lawyers to PDP and Wada, led by Mr Jibrin Okutepa, SAN, in adopting their brief of argument pleaded with the apex court to allow the appeal and grant the reliefs sought by their clients. They claimed that the appellate court erred in arriving at the conclusion that they did not prove allegations of electoral malpractices, which a minority judgement of the tribunal had established and ordered a rerun in seven local government areas where the said malpractices took place. They urged the apex court to affirm the minority judgement of the tribunal delivered by Justice Ohiamai Ovbiagele.
However, Bello’s lawyer, Mr Joseph Daudu, SAN, and that of the Independent National Electoral Commission (INEC), Dr Alex Izinyon, SAN, urged the court to dismiss the appeal for lack of merit. Daudu pleaded with the apex court to uphold the concurrent decisions of the Court of Appeal and the majority judgement of the Kogi State Governorship Election Petition Tribunal, which affirmed the return of Bello as governor.
After taking the arguments of the lawyers representing parties in the appeal, Muhammad announced that judgement in the matter would be delivered on August 31.
In the second appeal filed by SDP and its governorship candidate, Akpoti, the apex court also announced its decision to give final verdict on August 31.
Meanwhile, the appeal filed by the Democratic Peoples Party (DPP) and its governorship candidate, Usman Mohammed, was struck out after an oral application for its withdrawal by their lawyer, M. S. Ibrahim. The withdrawal was after some prompting over the eligibility of the DPP candidate, who was said to be 31 years old, instead of the mandatory 35.
The apex court struck out the appeal with a cost of N200, 000 in favour of the first and second respondents.
The Court of Appeal, Abuja Division, had in July this year affirmed the election of Bello as governor of Kogi State, after dismissing four appeals filed by the PDP, DPP, SDP, and Action Peoples Party (APP) and their respective governorship candidates for lacking in merit.
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The litigations followed last year’s declaration of Bello, who was the candidate of the All Progressives Congress (APC), as winner of the November 16, 2019 governorship poll by INEC. The commission announced on November 18, 2019 that Bello won majority of votes cast in the election, polling a total of 406,222 votes, while the runner up, Wada, polled 189,704.
However, the four contestants and their parties disagreed with INEC and approached the Kogi State Election Petition Tribunal to challenge the victory of Bello. Their petitions were all dismissed by the tribunal for lacking in merit. The Court of Appeal upheld the decisions of tribunal.
The appellants approached the apex court to set aside the judgements of the appellate court on the grounds that the Court of Appeal discarded evidence of rigging and violence in seven local government areas of the state.
The Court of Appeal had, in a unanimous judgement, held that the appellants did not prove the allegations of over-voting, multiple thumb-printing, and results falsification. In the ruling delivered by Justice Haruna Tsamani, the appellate court said the appellants merely dumped documents on the tribunal without calling relevant witnesses to link the documents to the allegations.
According to the judge, a party who alleges over-voting must tender the voter registers for the affected polling units and the results of the polling units, show how, without over-voting, the results would be in his or her favour.
In the other judgements, the Court of Appeal held that the tribunal was right in dismissing the petitions of the DPP and APP over alleged unlawful exclusion and that of the SDP for failure to prove claims of electoral malpractices in the governorship election.
Although the decisions of the Kogi election tribunal were unanimous in the petitions of APP, DPP and SDP, it was divided in that of PDP. While the majority judgement delivered by Justice Kashim Kaigama favoured Bello, the minority judgement delivered by Ovbiagele held that there was evidence of electoral malpractices in seven local government areas. Ovbiagele then upturned Bello’s victory and ordered a rerun in the affected local government areas.
Thisday
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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
News
CBN Bars Chronic Loan Defaulters from Accessing New Banking Services
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
News
Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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