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Court Dismisses Lawsuit Against DSS By Alleged Boko Haram Financier

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In a case involving Abba Maina, a suspect connected to allegations of supporting Boko Haram, a Federal High Court in Abuja rejected a lawsuit against the Department of State Services (DSS) over claims of unlawful detention.

The court dismissed the lawsuit on Tuesday.

Maina was apprehended by the DSS at an Abuja bank in September 2022, following investigations tying him to financing terrorism, dealing in terrorist assets, and facilitating the movement of terrorists within Nigeria.

In the initial motion filed on November 22, 2022, Abba Maina took legal action against the Department of State Services (DSS) and its Director-General. He requested an order compelling the respondents to present him in court to investigate the reasons for his detention since September 19, 2022.

Additionally, Maina sought a bail order in accordance with Sections 32(3), 32(1) and (2), and 158 of the Administration of Criminal Justice Act, 2015, Article 36(4) of the 1999 Constitution (as amended), and other relevant laws.

Identifying himself as a ‘law-abiding Nigerian citizen,’ Maina revealed that he was arrested on September 19, 2022, at a branch of Guarantee Trust Bank (GTB) in Abuja by DSS personnel. According to him, the arrest was linked to undisclosed accusations.

He further stated that the respondents, in violation of constitutional provisions mandating law enforcement agencies to present a suspect in court within 24 or 48 hours, kept him in detention.

The security agency contended that the lawsuit was an abuse of the legal system, citing a previous similar lawsuit filed in another court.

Justice Inyang Ekwo, in his Tuesday ruling, sided with the Department of State Services (DSS), acknowledging that the suit aiming for Maina’s release constituted an abuse of court processes.

He highlighted that initiating separate legal actions involving the same parties across different courts, even if on different grounds, amounted to an abuse of the judicial system.

Hence, the judge concurred with the Department of State Services (DSS) and its Director-General regarding the similarity between the fundamental rights suit labeled CV270/2022 before Justice A.Y. Shafa of the FCT High Court, filed on November 4, 2022, and the ongoing case labeled FHC/ABJ/CS/2090/2022.

This is clearly a situation where the applicant has fallen into the temptation of instituting different actions between the same parties simultaneously in different courts, even though on different grounds.

“The applicant could have clearly avoided this situation by taking one of the options available to him by law, exhausting one remedy before going for another, assuming that the next action would not be caught by the principle of res judicata.

“Consequently, nothing else is worthy of any consideration where a suit is found to be an abuse of process of the court.

The Department of State Services (DSS) had submitted court documents alleging that on September 12, they received intelligence from their Borno Command about plans to transfer N10 million to aid the relocation of certain Jama’atu Ahlus-Sunnah Lid-Dawa’awati wal Jihad, also known as Boko Haram, members from Borno to a camp in Kaduna State.

This transfer was reportedly organized by an individual identified as Kaura (FNU), who is purportedly the armor-bearer for the terrorist group.

Further investigation by the DSS revealed that Kaura (FNU) sought bank account numbers from individuals named Baba Guraba and Bayero (FNU), identified as Boko Haram commanders stationed around Bama Local Government Area (LGA) in Borno.

Their involvement was allegedly to facilitate the transfer of the funds.

The agency stated that Bayero (FNU) provided a United Bank for Africa (UBA) account number, 2196498467, registered under Basiru Hassan’s name, and a GTB account number, 025264587, linked to Maina.

They alleged that while Hassan’s account received N6 million, Maina’s account received N4 million. According to their intelligence efforts, Kaura (FNU) instructed that transfers and withdrawals should be managed through Point of Sale (POS) operators.

“Kaura (FNU) initially deposited N2 million into the applicant’s GTB account number 0025264587 as the first payment.”

“Based on this intelligence gathering efforts, the Borno State Command of the 1st respondent sought and obtained the orders of the court to flag the said account numbers by placing a Post-No-Debit (PND) order and requesting that the account holders be apprehended whenever sighted,” it said.

The DSS reported that on September 19th, 2022, Maina was arrested at a GTB branch near the National Mosque in Abuja while attempting to inquire about the funds deposited into his account.

The agency claimed Maina was promptly detained due to suspected involvement in facilitating terrorist activities, financing terrorism, dealing in terrorist assets, and alleged roles in aiding the movement of terrorists within Nigeria.

Their investigation purportedly revealed that Maina, contrary to being a law-abiding citizen, acted as a courier and facilitator for the Boko Haram terrorist group.

 

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Crime

Terror As Gunmen Storm Abuja Community, Abduct Four

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Gunmen staged a brazen attack on Bmuko community in the Dutse Baupma area of Bwari Area Council, Federal Capital Territory (FCT), on Monday night, abducting four residents.

According to Mr. Isah, a community member, the invasion commenced around 11:50 pm at the residence of Engineer Patrick, where his wife and brother were among those kidnapped.

The assailants, reportedly numbering around 30, descended upon Zone C, Road 5, unleashing gunfire before forcibly entering the engineer’s home and abducting two family members.

He said “From the engineer’s house, after carrying his wife and brother, they divided themselves into two groups. One group went towards the riverside that leads to Kubwa and Bwari, while the other group went towards the hillside.

“It was the group going towards the hillside that stopped at a nearby house where they kidnapped a Pastor and another young man. We could not do anything, we were scared to death during the period of the attack.”

A community leader, speaking on condition of anonymity, disclosed that they first became aware of the attack when gunshots rang out just minutes before midnight.

He stated that it was then that a fellow resident, residing among them, alerted them to the dire situation via a voice message on their communication platform, indicating that they were under assault.

He said “Swiftly, our security personnel came down, we had to make calls to the FCDA Police Station, luckily we had intervention from them, and soldiers also came to our rescue. However, the whole thing turned to something else, as nobody was arrested.

“The kidnappers went with three or four people. As we speak, the soldiers that went in search of them have returned without rescuing them. The policemen are still in the bush searching for them.

“We have been demanding for Police outpost here in the Bmuko community, this is a populated environment. Whatever is happening here is not out of the knowledge of the security architecture of the FCT.”

Emphasizing the need for increased police presence, the community leader highlighted that regular patrols, occurring three to four times a week, would significantly enhance security and reinforce the presence of law enforcement in the area.

“The people will also be guided both in information and movement. We are trusting that those kidnapped would be rescued safely. They have not contacted anyone yet. We are seriously praying for their safety.

“The wife and brother of one Engineer Patrick were also among the people that were kidnapped, and also a Pastor. The kidnappers came with AK47, because some of the guys during the night search picked up about two or three bullets of AK47 on the ground

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Rivers State Police Inspector Fatally Shot By Gunmen

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The Rivers State Commissioner of Police, CP Olatunji Disu, and the entire command are in mourning following the tragic death of a Police Inspector, Sunday Baba.

Biztellers reports that Inspector Baba was shot and killed by unknown assailants on Wednesday night.

However the details of the incident remain unclear.

CP Disu expressed his condolences in a post via his X handle, recognizing Inspector Baba’s bravery and dedication to duty while serving in Rumuolumeni, Rivers State.

He wrote, “Yesterday night, Inspector Sunday Baba, a brave Police Officer serving at Rumuolumeni in Rivers State, made the ultimate sacrifice while on duty.

“Though the perpetrators fled, we recovered their vehicle. Tragically, the officer’s phone revealed 59 missed calls, 51 of which were from his wife. We bore the heavy burden of delivering the heart-wrenching news to her.

“Being a Police officer means leaving home in good health, never certain of returning alive. Those who take the lives of police officers are murdering those who stand as the guardians of the people. Let’s honour the sacrifices of our officers, may their sacrifice not be in vain.

“Goodbye, Sunday. Rest In Peace, Fallen Hero, PoliceFamily, Ultimate Sacrifice.”

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Crime

EFCC Recovers N32.7bn, $445,000 From Humanitarian Ministry

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Economic and Financial Crimes Commission, EFCC,

The Economic and Financial Crimes Commission (EFCC), has noticed the rising tide of commentaries, opinions, assumptions and insinuations concerning its progressive investigations into the alleged financial misappropriation in the Ministry of Humanitarian Affairs, Disaster Management and Social Development.

At the outset of investigations, past and suspended officials of the Humanitarian Ministry were invited by the Commission and investigations into the alleged fraud involving them have yielded the recovery of N32.7billion and $445,000 so far.

Discreet investigations by the EFCC have opened other fraudulent dealings involving Covid -19 funds, the World Bank loan, Abacha recovered loot released to the Ministry by the Federal Government to execute its poverty alleviation mandate. Investigations have also linked several interdicted and suspended officials of the Ministry to the alleged financial malfeasance.

It is instructive to stress that the Commission’s investigations are not about individuals.

The EFCC is investigating a system and intricate web of fraudulent practices. Banks involved in the alleged fraud are being investigated. Managing Directors of the indicted banks have made useful statements to investigators digging into the infractions.

Those found wanting will be prosecuted accordingly. Additionally, the EFCC has not cleared anyone allegedly involved in the fraud. Investigations are ongoing and advancing steadily. The public is enjoined to ignore any claim to the contrary.

On the issue of the works of the Commission against Naira abuse, dollarization of the economy and the enforcement of all extant laws relating to them, the EFCC appreciates the avalanche of public awakening, support and involvement demonstrated so far. Increasingly, members of the public are drawing the attention of the Commission to video recording of abuse of the Naira by Nigerians from all walks of life. These gestures amply demonstrate rising consciousness of the public to the sanctity of our national currency and the need for collaborative engagement to sustain the tempo.

To this end, the Commission will always investigate and prosecute anyone involved in the abuse of the Naira. Old videos being exhumed and flying around for the attention of the Commission are noted as the Commission is sensitive to the fact that its Special Task Force against Naira Abuse and Dollarization of the economy commenced operations on February 7, 2024. However, going forward, new videos of such infractions will be investigated and prosecuted.

At the moment, the Commission is investigating several celebrities involved in Naira abuse. Many of them have made useful statements to the Commission and many more have been invited by investigators working on the matter.

The EFCC will not relent in its no-sacred-cow mode of operations and the public should be wary of running afoul of laws against the crime.

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