News
Court Adjourns APC’s Case Of Forgery Against Obaseki Indefinitely
The Federal High Court in Abuja, on Tuesday, has adjourned further hearing on the certificate forgery case the All Progressives Congress, APC, filed against Governor Godwin Obaseki, indefinitely.
The court says it can’t override the appeal court in a case of alleged forgery involving Godwin Obaseki, governor of Edo state.
The adjournment followed an appeal marked CA/ABJ/CV/1072/2020, which governor Obaseki lodged before the Abuja Division of the Court of Appeal.
Jomog News Nigeria reports that sequel to this pronouncement by the lower Court is the order granting an indefinite suspension of the case pending the outcome of stay of proceedings filed at the appellate court.
The All Progressives Congress (APC) and one Williams Edobor a chieftain of the party, had instituted a legal action against Obaseki.
The plaintiff accused the governor of forging the first degree certificate which he submitted to the Independent National Electoral Commission (INEC) to enable him contest the election.
At the last hearing of the litigation, Obaseki through Ken Mozia, his counsel, had prayed the court to adjourn the case indefinitely as there is a subsisting application before the court of appeal.
In the appeal with suit number CA/ABJ/CV/1072/2020, filed before the appeal court in Abuja, Obaseki challenged the refusal of Ahmed Mohammed, judge of the federal high court, to strike out some paragraphs in APC reply to his affidavit.
Obaseki also filed an application before the court appeal to stay of further proceedings of the trial court.
Challenging the application, Akin Olujimi, APC counsel, implored the court to strike out the motion on the grounds that it is a pre-election matter bound by time.
The senior counsel argued that the court has jurisdiction to proceed with the case as it has a life span of 180 days which would terminate on January 9, 2021.
“This court is bound to continue with the hearing since the suit is sui generis (its unique). Nothing shall be done to clog the smooth wheel of proceedings in a suit of this nature especially in line with fourth Alteration Act,” he said.
Olujimi said the appeal is interlocutory in nature and cannot stop proceedings of the court.
In his ruling on Tuesday, the judge said the rules and extant laws guiding the operations and activities of courts in relating with one another in view of case execution are clear and unambiguous, adding that the high court can’t afford to be on collision course with the appellate court.
He noted that it would be inappropriate to proceed with the suit considering the application for stay pending at the court of appeal.
“What would be the meaning of the trial court’s action? The answer is not far fetched and that is it does not care about whatever decision the appellate court would take in relations to whether it grants stay of further proceedings or not,” the judge held.
“If eventually, the appellate court in its wisdom decides to stay further proceedings in the lower court and by that time, proceedings have been concluded at the lower court, the order of stay made would have been rendered worthless.
“While this uncertainty lasts, it is better and appropriate to tarry a while to allow the appellate court to carry out its jurisdiction on whether or not it should grant stay of further proceedings.
“Furthermore, it is the law as established by both the court of appeal and the supreme court that where a lower court is aware of an application for stay of either execution or proceedings, it would be wrong to ignore such application and proceed to hear the suit.
“This court is not prepared to be on collision course with the court of appeal as far as this case or any case for that matter. This court is ready to abide by whatever directive the court of appeal would make or give this court including the order to conclude hearing this matter.
“This suit is hereby adjourned sine die to await the decision of the first defendant’s application for stay of further proceedings.”
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.
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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