News

Reinstate my bail revoked in 2017, Nnamdi Kanu tells court

Published

3 weeks ago

April 5, 2024

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Nnamdi Kanu, detained leader of the proscribed Indigenous People of Biafra (IPOB), has asked a federal high court in Abuja, to restore his bail that was revoked in 2017.

In a motion on notice marked FHC/ABJ/CR/383/2015 and filed on March 28, the IPOB leader asked the court to set aside his bail revocation.

The motion was filed by Aloy Ejimakor, Kanu’s lead counsel.

BACKGROUND

In 2017, the court granted Kanu bail on the treasonable felony charges filed against him by the federal government.

But the court revoked Kanu’s bail and issued a bench warrant for his arrest after he failed to present himself as required.

The IPOB leader was rearrested in Kenya in 2021 — after being on the run for some years.

‘CLAIM OF JUMPING BAIL WAS FALSE’

In the motion, Kanu’s lawyer said his client was falsely accused of jumping bail.

Ejimakor said Kanu fled Nigeria when security operatives allegedly invaded his home in Abia state in an attempt to kill him.

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“An order of this Honourable Court setting aside the order revoking the Defendant/Applicant’s bail made on the false representation that the Defendant had jumped his bail,” the motion reads.

“An order Setting aside the bench warrant issued against the Defendant/Applicant on the basis of the misrepresentation that the Defendant had jumped bail and absconded. from his trial.

“An order setting aside the order of forfeiture of the bail bond of the Defendant sureties, made on the misrepresentation that the Defendant had jumped bail and absconded from his trial.

“An order restoring the Defendant/Applicant’s bail on the same terms upon which same was granted by this Honourable court on 25 April, 2017.

“And for such order or further orders as this Honourable Court may deem fit to make in the circumstance of this application.

“Take further notice that the grounds upon which the application is predicated are as follows: On 25 April 2017, the Applicant was admitted to bail by this Honourable Court.

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“The Applicant was enjoying his bail when he came under attack by agents of the Complainant at his home at Isiama Afaraukwu Ibeku, Umuahia North LGA, Abia State, whereupon the Applicant fled from Nigeria in what was purely an act of self-preservation.

“The bail of the Applicant was revoked by this Honourable Court and a bench warrant issued against him upon the application of the Complainant made to this Honorable Court that the Applicant had jumped bail.

“The Applicant was, pursuant to said bench warrant, subsequently kidnapped in Kenya by agents of the Complainant and was brought to Nigeria by way of extraordinary rendition.

“The jurisdiction of this Honourable Court to try the Defendant as well as issues pertaining to his bail and extraordinary rendition was challenged up to the Supreme Court in SC/CR/1361/2022: BETWEEN FEDERAL REPUBLIC OF NIGERIA V. NNAMDI KANU, where their Lordships determined that Applicant’s bail ought not to have been revoked in the first place, being that it was the invasion of the Applicant’s home that caused him to flee in order to secure his life and physical well-being.

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“The order setting aside the Applicant’s bail, the warrant of arrest and the forfeiture of his bail bond ought to be reversed by virtue of the decision/finding of the Supreme Court.

“The bail of the Applicant ought to be restored in the interest of justice.”

Prince Emmanuel, Kanu’s brother, submitted an affidavit in support of the motion to restore the IPOB’s leader’s bail.

News

Published

4 mins ago

April 29, 2024

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The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) says it does not have access to petroleum products.

Queues resurfaced in fuel stations amid petrol scarcity, which led to an increase in transport costs.

On April 25, the Nigerian National Petroleum Company (NNPC) Limited attributed the situation to logistics issues, assuring Nigerians that “they have been resolved”.

Speaking on Monday during Channels TV’s the Morning Brief breakfast programme, Billy Gillis-Harry, PETROAN president, said there is still a delay in supply to retail outlets.

“Well, from my perspective as a retail outlet owner and representing all the retail outlet owners who are members of PETROAN, I can tell you that our challenge is that we do not have access to the product,” he said.

“So, once the product is available in all the depots, and we are being issued our products, we will certainly complement NNPC’s efforts to make sure that all the stations are wet and we are doing that consistently.

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“Even in this season, at this time, NNPC in the last few weeks have squeezed in loading barges to encourage everyone including the NNPC stations and Petroan members and even IPMAN members and we are taking products bit by bit to our various stations.”

He said NNPC is making frantic efforts to solve supply issues, adding that the association is also mounting pressure on the system to ensure that there are petroleum products.

News

Court knocks FG for lack of diligent prosecution in Tukur Mamu’s terrorism financing case

Published

2 hours ago

April 29, 2024

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A federal high court in Abuja has reprimanded the federal government for lack of diligent prosecution in the charge filed against Tukur Mamu, publisher of Desert Herald newspaper.

At the court session on Monday, David Kaswe, prosecution counsel, was not in court despite having entered his name on the cause list, indicating his presence.

Abdul Mohammed, Mamu’s counsel, urged the court to stand down the matter to await Kaswe’s return.

However, the prosecution lawyer was still not in court when the case was called again after the judge had delivered a judgment.

Inyang Ekwo, the presiding judge, expressed surprise over “the miraculous disappearance” of the federal government’s lawyer in court.

“I am also aware that the prosecution was in court this morning, but as to the miracle of the disappearance of the prosecution as at the time this matter comes up for hearing is beyond my understanding,” Ekwo said.

“This antic of the prosecution is only being tolerated in today’s proceeding.

“If the prosecution demonstrates that they are not ready to prosecute this matter either diligently or expeditiously, the court will make the right decision at that point.”

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MAMU ASKS TO BE TRANSFERRED TO KUJE PRISON

Mamu’s lawyer moved an application to transfer his client to the Kuje correctional facility.

He said the prosecution had already responded to the motion.

In the application, the defence counsel said the Department of State Services (DSS) has refused to obey a previous court order which directed that Mamu should be allowed access to his doctors.

He said Mamu would get proper medical attention in Kuje prison.

“This application is brought so that we will take the defendant to the prisons because they always obey court orders there so that if we go there, he will have access to his medical officer,” he said.

“It is completely within the discretion of the court and we do not want to bring an application for contempt as that will take time.

“Therefore, we want the court to vary the order and the defendant will stay in the Kuja correctional facility. That is what we are asking for.”

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The judge adjourned the matter until May 20 for ruling on Mamu’s application.

BACKGROUND

Mamu is standing trial for allegedly aiding the terrorists who attacked the Abuja-Kaduna train in March 2022.

After his arrest in 2022, the federal government said $300,000 was found in his possession.

He was arraigned in March 2023 by the office of the attorney-general of the federation (AGF) on a 10-count charge bordering on terrorism.

However, in March, he pleaded not guilty to all the counts and denied having allegiance to the terrorists.

Mamu is alleged to have received $120,000 as ransom payments on behalf of the Boko Haram terrorist group.

The monies were said to have been received from families of hostages kidnapped during the train attack.

He was also accused of exchanging voice note communications relating to the hostages with one Baba Adamu, a Boko Haram spokesperson.

The federal government also tagged the $300,000 found in Mamu’s possession after his arrest, as terrorist funds.

READ Sokoto market killings: Buhari vows to destroy killer bandits

Mamu, an aide to Ahmad Gumi, a popular Islamic cleric, was involved in negotiations for the release of the passengers abducted during the attack on a Kaduna-bound train.

News

Abuse of office: Emefiele challenges jurisdiction of Lagos court to try him

Published

3 hours ago

April 29, 2024

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The Lagos High Court sitting in Ikeja has deferred till the end of trial, its ruling on the application filed by the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, challenging the jurisdiction of the court to try him on the charges brought against him by the Economic and Financial Crimes Commission (EFCC).

Through his lawyer, Senior Advocate of Nigeria, Olalekan Ojo, Emefiele submitted that he cannot be tried in the high court of any state in Nigeria for alleged acts of abuse of his office as this raises issues of constitutionality and legality.

The former CBN governor also noted that counts 1-4 of the 26 counts charge filed by the EFCC against him are unconstitutional as they are not contained in any law in Nigeria.

His counsel asked the court to make an order striking out counts one to four of the charge on the grounds that:

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. the Honourable Court has no jurisdiction to try the offence of abuse of office in relation to the office of the Governor of the Central Bank of Nigeria which the 1st Defendant occupied at all times material to the commission of the offences and

ii. the 1st Defendant’s/Applicant’s acts said to constitute arbitrary acts resulting in abuse of office are not offences known to law as mandatorily required by section 36(12) of the Constitution of the Federal Republic of Nigeria 1999 as amended.

The EFCC through its counsel, Senior Advocate of Nigeria, Rotimi Oyedepo, however, countered these arguments.

Citing decided cases of the Supreme Court, he asked the trial judge, Justice Rahman Oshodi, not to defer or prevent the trial of the case on the basis of objections challenging the particulars of the counts of the information.

“That approach is intended to take us back to where we are coming from as this were the basis for Section 1 of the Administration of Criminal Justice Act, ACJA and the purpose for which Administration of Criminal Justice Law, ACJL was intended. The intention of our collective resolution as a nation was to to prevent undue delay in our criminal cases.

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“I urge my lord to refuse this invitation, trial has commenced, this application to prevent the trial today is unlawful, illegal and unconstitutional and I urge the court not to depart from the decision of the apex court as to do so would amount to judicial rascality,” Oyedepo stated.