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N10bn Money Laundering: Court Upholds EFCC’s Amended Charges

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Economic and Financial Crimes Commission, EFCC,

Justice James Omotosho of the Federal High Court sitting in Abuja on February 23, 2024 overruled a motion on notice filed by Ali Bello and Dauda Suleiman urging the court to strike out the 17-count amended charge filed by the Economic and Financial Crimes Commission (EFCC), on the ground against them claiming that the charge lacked merit and invalid.

The court held that the 17-count amended charges filed on February 5, 2024 are valid as the prosecution is entitled to amend its charges provided it is done before judgement is given.

The motion on notice by the defence which was filed on February 22, 2024 by counsel to the second defendant, Nureini Jimoh objected to the admittance of the amended charges stating that it amounted to an abuse of court processes. Also, the motion questioned the Federal High Court in Abuja on the ground that it lacked jurisdiction to try the matter and seeking that the matter be transferred to Kogi State.

Jimoh also submitted that the 17-count amended charge was fatally incompetent, citing Section 216 of the Administration of Criminal Justice Act 2015.

“My lord, the EFCC lacks the grounds to investigate the revenue of Kogi State Government, because the EFCC is not constitutionally recognized to have the powers to usurp the decision and powers of Kogi State House of Assembly.

“Let me say that based on the resolution and decision by the Kogi State Assembly, which says that no fraud was committed in the Kogi State Account, that should lay to rest EFCC`s allegation that a fraud was committed” Jimoh asserted.

Responding, Prosecution Counsel, Rotimi Oyedepo, SAN, in a counter- affidavit objected to the allegations, urging the court to discountenance the application of the defense. He noted that the alleged offence committed by the defendants were in Abuja and “within the jurisdiction of the Honourable Court and all three witnesses in the case are residents of Abuja”. He also pointed at the insecurity challenges involved in prosecuting the matter in Kogi State.

“We are opposing the application with a counter-affidavit and we urge my Lord to dismiss this application. In the circumstances that offences were committed in Abuja, the funds alleged to have been laundered belong to the Kogi State government, but the alleged money laundering act was committed in Abuja and that the funds in question had been allegedly used to acquire properties and equally used to engage in foreign exchange transactions in Wuse Zone 4, Abuja. My Lord, I will rely on Section 20 of the Money Laundering Prohibition Act 2011″, he said.

Delivering his ruling, Justice Omotosho discountenanced the application of the defence, stating that the prosecution has not concluded its case, “so it is immature to say that the EFCC cannot amend charges at any time before judgment”

He also stated that the EFCC under its Establishment Act has the power to investigate and prosecute anybody or entity when cases of corruption and money laundering are established including the powers provided by the Money Laundering (Prohibition) Act 2011.

“Prosecuting a money laundering charge is “within the purview of the EFCC. I hold that this criminal trial is properly constituted before this court. I also hold without hesitation that the second amended charge filed on February 5, 2024 is hereby deemed valid and competent. I hereby order that the defendants are called upon to take their pleas in the amended charge, the objection of the defendant is hereby overruled”, he ruled.

He also added that the case will be given accelerated hearing, equally noting that insecurity could be a reason to try a criminal offence outside jurisdiction

Justice Omotosho adjourned to March 14, 15, and 21 for the continuation of hearing.

NEWS

N1.7trn Loan: Atiku Blames NASS For Worsening Nigeria’s Debt Burden

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Former Vice President, Atiku Abubakar has criticized the federal government’s plan to secure an additional N1.7 trillion loan through Eurobonds to cover a shortfall in the 2024 budget, describing the borrowing as unsustainable and harmful to Nigeria’s economy.

In a statement shared on Thursday via his X (formerly Twitter) handle, Atiku accused the Bola Tinubu-led administration of burdening Nigerians with debt while failing to provide clear answers about the country’s fiscal challenges.

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He also faulted the National Assembly for enabling what he called a “voracious appetite” for loans.

The former Peoples Democratic Party (PDP) presidential candidate expressed alarm over a recent World Bank report ranking Nigeria as the third most indebted country to the International Development Association (IDA), calling the development troubling.

“The recent report released by the World Bank, showing Nigeria as the third most indebted country to the International Development Association (IDA), is very concerning,” Atiku stated.

He raised further concerns about the government’s decision to benchmark the proposed loan at an exchange rate of 1 USD to N800, despite the Central Bank of Nigeria’s official rate being over N1,600.

“What makes this particular loan proposal even more concerning is that it is benchmarked at the exchange rate of 1 USD to N800, whereas the current exchange rate from the Central Bank of Nigeria stands at over N1,600 to 1 USD,” he said.

Atiku questioned the need for additional borrowing, given the government’s earlier claims of record-high revenue collection.

“In July this year, Tinubu boasted that the FIRS and Customs under his watch had collected all-time high revenues to finance the budget. Why are they still borrowing?” he said

He accused the government of a lack of transparency, describing the borrowing spree as detrimental to Nigerians already struggling under economic hardship.

“There is something that they are not telling Nigerians, even as they are being crushed by a combination of their failed trial-and-error policies and loan rackets.”

Atiku also referenced a report by BudgIT, a budget monitoring group, which criticized the 2024 budget for its inefficiencies.

He alleged that corruption, rather than infrastructure or development needs, was driving the government’s borrowing decisions.

“These loans are powered by corruption and not for infrastructure and development needs. This voracious appetite for humongous loans is deeply concerning,” he said.

Reflecting on Nigeria’s financial history, Atiku lamented the return to significant foreign indebtedness just years after former President Olusegun Obasanjo’s administration cleared the country’s debt.

“It is agonizing to see that just a few years after the Obasanjo administration took us out of foreign indebtedness, we are today back at the top spot in the same conundrum,” he stated.

He called for a more cautious approach to borrowing, urging the government to prioritize fiscal responsibility and transparency to avoid worsening Nigeria’s economic challenges.

 

 

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International News

ICC Issues Arrest Warrants For Israeli Prime Minister Netanyahu, Others

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The International Criminal Court (ICC) has taken a historic step, issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

The charges include crimes against humanity and war crimes allegedly committed during Israel’s recent assault on Gaza.

In a detailed statement, the ICC accused the Israeli leaders of “intentionally and knowingly depriving the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”

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The ICC’s move marks a significant escalation in international scrutiny of the Israeli-Palestinian conflict. Netanyahu and Gallant are alleged to have orchestrated policies that caused severe harm to the civilian population in Gaza, leading to widespread condemnation from human rights organizations.

Alongside the charges against Israeli officials, the ICC also issued an arrest warrant for Hamas military commander Mohammed Deif. Deif has long been a central figure in Hamas’s military operations. Israel’s military claims to have killed him in a July airstrike, although this has not been independently verified.

The warrants highlight growing calls for accountability amid the ongoing conflict in the region. The ICC’s actions are likely to provoke heated debate and may complicate diplomatic efforts aimed at resolving the crisis.

With the warrants issued, global attention now turns to how the international community will respond and whether any practical steps will be taken to enforce them.

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NEWS

Edo State Governor Sets Up Committee To Recover Missing Gov’t Vehicles

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Governor Monday Okpebholo of Edo State has inaugurated a 12-member committee tasked with recovering government vehicles reportedly in private hands.

The committee, led by Kelly Okungbowa, has been given a two-week mandate to retrieve the vehicles and ensure their return to the state government.

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Speaking during the inauguration ceremony in Benin City, Governor Okpebholo emphasized the importance of accountability in the management of public resources.

He urged the committee to carry out its assignment thoroughly and within the bounds of the law.

In his response, Okungbowa expressed gratitude to the governor for entrusting the team with the assignment, vowing to deliver results within the stipulated timeframe.

“A lot of vehicles used by the past administration are missing, as those in custody of the vehicles have refused to return them,” Okungbowa said.

“The governor deemed it fit to inaugurate us today with a mandate to recover all government vehicles in private hands.”

The committee, which includes representatives from Edo’s three senatorial districts, is set to investigate and recover the vehicles based on credible intelligence already at their disposal.

“We already have vital information regarding some persons still holding government vehicles,” Okungbowa stated. “We will do the job according to the law, and both the government and the people will be satisfied with the outcome.”

He also called on members of the public to assist the committee by providing information about any government vehicles that may still be in private possession.

“We want to appeal to members of the public who might be aware of anyone still keeping government vehicles in their houses to please inform us to enable the committee to recover such for the Edo State Government,” Okungbowa said.

The committee’s vice chairman, Rt. Hon. Victor Edoror, a former Speaker of the Edo State House of Assembly, will work alongside other members to ensure the success of the initiative. The public can reach the committee at 08110165121.

 

 

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