Appeal Court voids arrest warrant issued against INEC chairman

The Abuja Division of the Court of Appeal has nullified the
arrest warrant earlier issued by the Federal High Court in Abuja
against the chairman of the Independent National Electoral
Commission, Prof. Mahmood Yakubu.

Justice Stephen Pam of the Federal High Court had, on August 1,
2018, ordered the Police to arrest Yakubu for allegedly refusing,
on three occasions, to honour the court’s summons to face a
contempt charge instituted against him by an acclaimed chairman of
the Anambra State chapter of the Peoples Democratic Party, Ejike
Oguebego.

Eguebego’s contempt suit was predicated on the allegation that
the INEC chairman had refused to honour a judgment of the Supreme
Court delivered in December 2014, which directed INEC to recognise
him as the chairman of the PDP in Anambra State.

But a five-man panel of the Court of Appeal, led by Justice Abdu
Aboki, has unanimously set aside the arrest warrant on the grounds
that the INEC chairman was denied fair hearing in the proceedings
leading to the issuance of the arrest warrant.

The Court of Appeal also ordered that the case file be taken
away from the judge who issued the arrest warrant and be
re-assigned to another judge of the court who would start the
matter afresh.

Before the issuance of the arrest warrant on August 1, 2018, the
Federal High Court had, in its ruling of July 5, 2018, ordered the
INEC chairman to appear in court to answer to the contempt
suit.

Subsequently, the Federal High Court, on August 1, 2018, ordered
the Police to arrest him for his alleged continued refusal to
honour the court’s summons.

But Yakubu had, through his lawyer, Chief Adegboyega Awomolo
(SAN), appealed before the Court of Appeal to challenge the arrest
warrant and the Federal High Court’s summons leading to the
issuance of the order of arrest.

The Court of Appeal had delivered its judgment on October 11,
2018, setting aside the entire committal proceedings before Justice
Pam at the Federal High Court.

A copy of the judgment of the Court of Appeal was only obtained
on Wednesday.

Delivering the lead judgment of the Court of Appeal on Yakubu’s
appeal, Justice Aboki nullified the entire committal proceedings,
including the issuance of the summons and the arrest warrant.

EFCC News Updates on Badeh, Nyako, Abebe

EFCC Closes Case In N3.9billion Charge Against
Badeh

The Economic and Financial Crimes Commission, EFCC, on Tuesday,
October 23, 2018 closed its case in N3.9billion money laundering
case involving a former Chief of Air Staff, Air Chief Marshal Alex
Badeh (retd).

Badeh is standing trial alongside Iyalikam Nigeria Limited,
before Justice Okon Abang of the Federal High Court, Maitama,
Abuja.

He allegedly abused his position by diverting Nigeria Air Force,
NAF, funds for personal enrichment, and acquisition of properties
in choice areas in Abuja.

The former Air Chief was first arraigned in 2015 on a 10-count
charge bordering on criminal breach of trust, abuse of office and
money laundering to the tune of N3.9billion.

Upon discovery of fresh evidence, Badeh was re-arraigned by the
anti-graft agency on July 4, 2018 on an amended 14-count charge
bordering on money laundering, which he pleaded not guilty to.

One of the new charge reads:

“That you, AIR CHIEF MARSHAL ALEX S. BADEH (RTD) and IYALIKAM
NIGERIA LIMITED on or about 24th February 2016 in Abuja within the
jurisdiction of this Honourable Court, did retain possession of the
sum of $1,000,000.00 (One Million Dollar) only which you kept at
No.6 Ogun River Street, Off Danube Street, Maitama, Abuja which
funds you reasonably ought to have known formed part of the proceed
of your unlawful activity to wit: theft, criminal breach of trust
or corruption and you thereby committed on offence contrary to
Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2011
as amended in 2012 and punishable under Section 15 (3) of the same
Act”.

At the resumed sitting today, counsel to the EFCC, Rotimi
Jacobs, SAN, told the court that the prosecution would be closing
its case, after calling 21 witnesses to prove the charge against
the defendant (Badeh).

With the close of the prosecution’s case, the stage is set for
the defendant to prove his innocence on the charges preferred
against him.

However, Badeh’s counsel, Akin Olujimi, SAN, informed the court
of the defence’s intention to make a no-case submission, noting
that the prosecution had failed to establish the necessary
ingredients as to warrant explanation from the defendant.

Justice Abang asked the defence to serve the prosecution with
the processes within 21 days and the prosecution to respond within
10 days after service.

Thereafter, the case was adjourned to November 21, 2018 for
adoption of written addresses on the no-case submission.

………………………………………………………………..

N29bn Fraud: Court Grants Nyako’s Request to Travel for
Medicals, Adjourns To October 25

Justice Okon Abang of the Federal High Court sitting in Maitama
Abuja, on Tuesday, October 23, 2018 granted an application by a
former governor of Adamawa State, Murtala Nyako seeking the release
of his travelling documents to enable him travel to Germany for
medical check-up.

Moving the application dated September 20, 2018, Ibrahim
Isiyaku, SAN, representing the 4th and 8th defendants urged the
court to grant the application on health grounds.

Responding, counsel to the EFCC, Rotimi Jacobs, SAN, who raised
no objection to the application said, “the defendant has never made
such application and as such I have no reason to object”.

Justice Abang granted the application and directed the Chief
Registrar of the Court to release Nyako’s international passport
for renewal to enable him travel for medical check-up

The judge, however, added that Nyako should ensure that “he is
back in the country on or before December 30, 2018”, upon which he
shall re-submit his traveling documents to the court.

Earlier, Jacobs had informed the court that the matter was for
continuation of hearing of the PW20, adding that the said witness
was unavoidably absent in court. He asked the court for another
date to present the witness.

Isiyaku SAN, who held brief for Nyako’s counsel, Kanu Agabi,
SAN, did not oppose the application.

Justice Abang granted the prosecution’s prayer and adjourned to
October 25, 2018 for continuation of hearing.

Nyako is facing trial in a N29billion fraud charge preferred
against him by the Economic and Financial Crimes Commission,
EFCC.

He is being prosecuted alongside his son, Senator Abdul-Aziz
Nyako, Abubakar Aliyu and Zulkifikk Abba on a 37-count charge of
criminal conspiracy, stealing, abuse of office and money
laundering.

Five companies that allegedly served as conduit pipes for
illegal diversion of the funds- Blue Opal Limited, Sebore Farms and
Extension Limited, Pagoda Fortunes Limited, Tower Assets Management
Limited and Crust Energy Limited, were equally charged before the
court as the 5th to 9th defendants.

Wilson Uwujaren
Head, Media and Publicity
……………………………………………………………………….

Forgery: John Abebe Loses Bid To Stall Trial As EFCC Presents
Two Witnesses

Justice Mojisola Dada of the Special Offences Court sitting in
Ikeja, Lagos, on Tuesday, October 23, 2018, dismissed an
application filed by John Warimeme Abebe, seeking to strike out the
four-count charge of
forgery, fabricating evidence, using fabricated evidence and
attempt to pervert the course of justice preferred against him by
the Economic and Financial Crimes Commission, EFCC.

One of the count reads: “That you, Dr. John Warimeme Abebe, on
or about the 22nd day of June, 2010 in Lagos, within the
jurisdiction of this Honourable Court, knowingly forged BP
Exploration Nigeria Limited’s letter dated 30th November,1995 to
Inducon (Nigeria) Limited by inserting in page 2 of the said letter
the following words: “Also note that the ‘Buy-Out Option’ only
applies to the pre-production stage of the NPIA. The $4m buy-out is
thus irrelevant from production of oil in any of our fields” and
purported same to have been issued by BP Exploration Nigeria
Limited and committed an offence contrary to Section 467 of the
Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.”

Another count reads: “That you, Dr. John Warimeme Abebe, on or
about the 22nd day of June, 2010 in Lagos, within the jurisdiction
of this Honourable Court, knowingly used a fabricated evidence in
Suit No. FHC/L/CS/224/2010 Between Dr. John Abebe, Inducon Nigeria
Limited and Statoil Nigeria Limited, before the Federal High Court,
which evidence was admitted and marked exhibit BB in the said suit
and committed an offence contrary to Section 120 (2) of the
Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.”

The defendant, who was arraigned on Thursday, July 26, 2018,
pleaded not guilty to the charge when it was read to him.

He was subsequently granted bail by the court on August 2,
2018.

At the resumed sitting today, counsel to the defendant, Kanu
Agabi, SAN, argued that judgments had been delivered on the same
matter in favour of his client by a Federal HighCourt and also by
the Court of Appeal, thereby leaving the matter pending before the
Supreme Court.

He also challenged the jurisdiction of the Special Offences
Court to hear the matter.

However, the prosecution counsel, Rotimi Oyedepo, told the court
that the charges before the Supreme Court were entirely different
from what is before the High Court.

He, therefore, urged the court, to dismiss the application,
saying it was raised to arrest the trial.

In a short ruling, Justice Dada dismissed the application and
held that parties in the charges in the Supreme Court and High
Court are different.

Consequently, prosecution counsel, Oyedepo called the first
prosecution witness, Paul Piche, a former Managing Director,
Statoil Nigeria Limited, who told the court that a consultancy
agreement was signed between Inducon Nigeria Limited, owned by the
defendant, and Statoil Nigeria Limited in 1991.

He said that the agreement was, however, terminated in 1997.

Giving further testimony, he said another NPIA agreement, which
was entered into between Statoil and Inducon Nigeria Limited in
1995, was later amended and eventually terminated in 1999, which
left Statoil with no further agreement with Inducon till 2010.

“There were discrepancies in a copy of letter provided by Abebe
in 2010 in an attempt to enter another agreement and also in the
copy of letter tendered before the Federal High Court before
now.

“The same letter was provided by BP Exploration Limited to
Statoil Nigeria Limited and it was noticed that a new paragraph was
inserted in page two of the agreement letter dated 1995 provided by
Abebe.

“The address, “National West Minister Bank” on the letter
brought by Abebe was in a line, while the one made available by BP
Exploration Limited was addressed in two lines.

“The post code of the address on each letter was different,” he
further stated.

In her testimony, a second prosecution witness, Elizabeth Cross,
an Assistant General Counsel , in-house Lawyer and Dispute
Resolution Personnel for BP Exploration Limited, confirmed to the
court that there were agreements entered into by Inducon Nigeria
Limited and Statoil Nigeria Limited in 1993 and 1997.

She further told the court that Statoil Nigeria Limited
requested from BP Exploration Limited, the original copy of the
agreement letter tendered by the defendant, which was made
available to Statoil from BP Exploration Limited’s archive system
and was couriered to Statoil.

The case was adjourned to October 24, 2018 for the continuation
of trial.

Wilson Uwujaren
Head, Media and Publicity
…………………………………………………….