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Supreme Court Restores Lawan APC Senatorial Candidate Yobe North
The Supreme Court on Monday restored the Senate President, Ahmad Ibrahim Lawan as the Senatorial candidate of the All Progressives Congress APC, for Yobe North Senatorial District.
In the lead judgement, Justice Centus Nweze faulted the approach of Bashir Machina in commencing the suit at the Federal High Court Damaturu division by way of originating summons and without oral evidence to prove allegations of fraud.
In the majority decision, the apex Court also set aside the decision of the Appeal Court, Gombe Division, which affirmed the decision of the trial court that declared Machina the Senatorial Candidate for Yobe North.
But in a dissenting decision by Justices Emmanuel Agim and Adamu Jauro, the apex Court said Ahmad Lawan never participated in the APC primary held on 28 May, as he withdrew voluntarily to participate in the presidential primary held on the 8 June 2022.
The minority decision held that in the conduct of another primary on June 9, 2022 where Lawan emerged was in breach of Section 84 (5) of the Electoral Act as the APC never cancelled that held on 28 May before organizing another.
Justice Centus Nweze who read the lead judgement, held that the decisions of the Federal High Court in Yobe and the Court of Appeal in Abuja were perverse and must be set aside.
He added that Mr Machina ought to have commenced his suit by a writ of summons going by the allegations of fraud levelled against the APC in transmitting Mr Lawan’s name to INEC.
But, two other members of the Supreme Court panel, Adamu Jauro and Emmanuel Agim, disagreed with the majority judgement.
In the lead dissenting judgement, Justice Adamu Jauro held that the APC “appeal is devoid of merit.” He slammed a N3 million fine against the APC in favour of Mr Machina.
Justice Emmanuel Agim while reading his dissenting view, says the APC’s primary election held on 9 June which produced Mr Lawal was an illegal contraption.
He noted that Mr Lawan’s withdrawal from the Yobe North Senatorial District race on12 May, to vie for the APC presidential ticket automatically disqualified the Senate President from the National Assembly election.
Mr Agim further adds the purported primary election held on 9 June, 2022, was a ruse as it was not monitored by INEC.
The APC had challenged the nomination of Bashir Machina as the party’s candidate for Yobe North Senatorial District.
The party insisted that Ahmad Lawan, Nigeria’s Senate President, was the authentic Senatorial candidate for Yobe North for the forthcoming general election.
At the last hearing of the appeal, the counsel for the party, Sepiribo Peters argued that the primary election held on 28 May last year which produced Machina was in breach of the Electoral Act 2022.
Peters contended that one Danjuma Manga who conducted the said primary election was not nominated by the National Working Committee (NWC) of the party.
He told the court that the APC cancelled the primary poll on account of the irregularities observed during the exercise.
He argued that the other primary held on 9 June was conducted by the APC NWC, and produced Lawan as the party’s authentic candidate.
However, Machina’s lawyer, Sarafa Yusuf prayed the Supreme Court to dismiss the appeal for lacking in merit on the ground that the Senate President did not challenge the suits at both the trial and lower courts.
He also pointed that Manga who conducted the primary election where Machina emerged, was a member of the NWC-appointed Committee to carryout the exercise.
The APC had approached the Court of Appeal in Abuja seeking to nullify the judgment of lower court that declared Machina as APC’s candidate for Yobe North, but the President of the Court, Justice Monica Dongban-Mensem led the panel held that the appeal was an abuse of court process.
News
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.
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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.”
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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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