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$6bn Mambilla project: Court grants ex-minister Olu Agunloye N50m bail

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A federal capital territory (FCT) high court in Apo has granted bail to Olu Agunloye, former minister of power and steel, in the sum of N50 million.

 

The Economic and Financial Crimes Commission (EFCC) has been prosecuting Agunloye over a $6 billion Mambilla hydropower contract.

 

Agunloye was arraigned on seven-count charges, bordering on fraudulent award of a contract and official corruption, on Wednesday.

 

The judge had ordered his remand in Kuje correctional centre pending hearing and ruling on the bail application.

 

Moving the application on Thursday, Adeola Adedipe, counsel to the former minister, prayed the court to grant bail to his client “by way of self-recognisance or in liberal terms”.

 

He said Argunloye is not a flight risk and that the notion canvassed by the prosecution was “borne out of misconception and communication barrier”.

 

BAIL CONDITIONS

Adedipe also appealed to the court not to order the use of a public servant as surety for his client.

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Citing the case of Sambo Dasuki, former National Security Adviser (NSA) in Dasuki v DG SSS (2020) Part 1731 NWLR, Adedipe submitted that public officers should not be used as sureties, because the court of appeal found such conduct to be “unknown to our laws”; especially because corruption is encouraged that way.

 

The senior lawyer also argued that the apprehensive misconception about bail and the mischief argued by the prosecution has been solved by Section 352( 4) of the Administration of Criminal Justice Act (ACJA).

 

Under this provision, Adeola said: “Once a defendant is admitted to bail, even if he absconds, trial will continue and he will be convicted where necessary”.

 

However the prosecution counsel opposed the bail application.

 

Delivering ruling, Jude Onwuegbuzie, presiding judge, said the pendulum of the court swings in favour of granting bail to the defendant.

 

He granted N50 million bail to the defendant and ordered him to produce two sureties in like sum.

READ  Alleged $6bn Mambilla fraud: Agunloye released from prison after meeting bail conditions

 

The sureties must be “reputable” and “people of means” resident within the FCT.

 

They must have properties worth N300 million with a Certificate of Occupancy that must be verifiable.

 

They must submit copies of their identity cards and photocopies of their international passports to the court.

 

The defendant is to submit his international passport to the court and must be present for hearing at all times.

 

The matter was thereafter adjourned to February 12 for hearing.

 

BACKGROUND

The EFCC is investigating Agunloye over the $6 billion Mambilla hydropower contract.

 

The EFCC  reportedly traced some suspicious payments made by Sunrise Power and Transmission Ltd to Agunloye’s bank accounts.

 

Former President Olusegun Obasanjo also challenged Agunloye to tell Nigerians where he derived the authority to award a $6 billion contract to Sunrise for the Mambilla hydropower project in 2003.

 

In his response, Agunloye said the government was not obliged to pay a kobo to Sunrise under the build, operate, and transfer (BOT) agreement, as it was to be fully funded by the newly registered company, whose declared assets were worth less than $2,000 at the time.

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Reps order CBN to suspend cybersecurity levy

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The House of Representatives Thursday asked the Central Bank of Nigeria to withdraw the circular directing all banks to commence charging a 0.5 per cent cybersecurity levy on all electronic transactions within the country, The Nation reports.

The motion on the urgent need to halt and modify the implementation of the cybersecurity levy was moved by the member representing the Obio/Akpor Constituency, Kingsley Chinda.

The circular, which was directed to all commercial, merchant, non-interest, and payment service banks, among others; noted that the implementation of the levy starts two weeks from Monday, May 6, 2024.

 

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy,’” the circular partly read.

In the motion, Chinda said, “The House notes that businesses which the said Section 44(2)(a) refers to are listed in the Second Schedule to the Cybercrimes Act to be GSM Service Providers and all telecommunication companies; Internet Service Providers; Banks and Other Financial Institutions; Insurance Companies and the Nigerian Stock Exchange.

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“The CBN circular mandates all banks, other financial institutions and payments service providers to implement the Cybercrimes Act by applying the levy at the point of electronic transfer origination as “Cybersecurity Levy,” and remitting same.

“The wordings of the CBN circular leaves the directive to multiple interpretations including that the levy be paid by bank customers, that is, Nigerians, against the letters and spirit of Section 44(2)(a) and the Second Schedule to the Cybercrimes Act, which specifies the businesses that should be levied accordingly,” the lawmaker noted.

 

The development according to the lawmaker “has led to apprehension as civil society organisations and citizens have taken to conventional and social media to call out the Federal Government to give ultimatums for a reversal of the ‘imposed levy on Nigerians’ among other things.”

 

He argued that unless immediate pragmatic steps are taken to stop the proposed action of the CBN, “The Cybercrime Act shall be implemented in error at a time when Nigerians are experiencing the aftermath of multiple removal of subsidies from petroleum, electricity and so on and the rising inflation.”

READ  Court dismisses Agunloye’s request for AGF, NBA intervention in $6bn Mambilla case

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Bill to increase salaries, allowances of judges passes second reading at senate

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A bill seeking to increase the salaries and allowances of judges at all levels has passed second reading in the senate.

 

The bill was considered after Lola Ashiru, deputy majority leader, led the debate during plenary on Thursday.

 

Ashiru said the bill, which was sent by the executive, will enhance the integrity of the judicial arm of government.

 

Contributing to the debate, Tahir Monguno, senator representing Borno north, said improving the welfare of judges will insulate them from corruption.

 

“There is a need to bring up the remuneration of judicial officers that have stagnated over the years,” Monguno said.

 

“This will insulate judicial officers from corruption and give them courage to deliver judgments that are just and fair.”

On his part, Orji Uzor Kalu, senator representing Abia north, said increasing the salaries of the judges is the right thing to do.

“No right thinking Nigerian will not think that it is right to keep the judiciary comfortable. I want to thank the executive for deeming it fit to increase salaries of judges at all levels,” Kalu said.

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“We should not stop at the judiciary but look at other sectors of the economy.”

Emmanuel Udende, senator representing Benue north-east, said judges have had their morale dampened over the years because of poor remuneration.

“For the past 15 years, judicial officers have remained on meagre salaries,” he said.

 

“When you interact with them as a lawyer, you see their morale is dampened, and when the morale is dampened the work will be.”

The bill passed second reading after it was put to a voice vote by Senate President Godswill Akpabio.

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UPDATED: Ex-aviation minister, Sirika, daughter arraigned over ‘N2.7bn contract fraud, gets N100m bail

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A former Aviation Minister Hadi Sirika has pleaded not guilty to the alleged corrupt practices involving about N2.7 billion brought against him by the Federal Government.

 

Sirika was arraigned before Justice Sylvanus Oriji at the Federal High Court in Abuja along with his daughter, Fatima, his son-in-law, Jalal Sule Hamma, and a firm – Al Buraq Global Investment Limited.

The daughter and son-in-law also pleaded not guilty to the six-count charges when read to them.

Following their denial of the fraud charges, their respective lawyers moved applications for their bail which was granted by the judge.

 

Justice Oriji admitted the three defendants on bail for ₦100m and two sureties each in the like sum.

The sureties must be responsible citizens with verifiable home addresses while one of them must have landed property with a certificate of occupancy signed by the FCT Minister.

The judge ordered that the defendants must not travel out of the country without express permission of the court.

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If unable to perfect the bail conditions, Justice Orijin ordered that they should be remanded in prison custody till the time of perfection of bail conditions.

 

The court fixed June June 10th for the commencement of the trial.

 

Sirika served under the administration of former president Muhammadu Buhari.

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