Group faults verification of sureties by police, EFCC

A group known as Vanguard for Judicial Independence has faulted prosecuting agencies’ verification of sureties for bail.

The group said that  the practice was unconstitutional.

The group made this known in a statement signed by its Convener, Mr Douglas Ogbankwa, in Lagos.

According to the group, it is unconstitutional for the court to direct law enforcement agencies such as the police and  Economic and Financial Crimes Commission (EFCC) to verify sureties of defendants.

”It offends the principle of “pacta sunt servanda” (no man shall be judge in his own cause), for prosecutors to be asked to verify sureties of defendants in a criminal prosecution.

”What it means is that a court that asks the EFCC or police or others to verify sureties has not just taken sides in the matter, but has surrendered the sovereignty of the court to another party,” he said.

According to Ogbankwa, such an action offends Section 36 of the 1999 Constitution as amended, which provides that the court should be constituted in a way and manner that guarantees its independence and impartiality.

”Fair hearing is not just fairness in the hearing of a matter, but fairness in the procedures observed before a verdict is reached.

”Justice is a three way traffic: justice for the state, justice for the defendant and justice for the complainant.

”Any unfair advantage given to any party, negates the values of justice depicted by the statue of justice which is blind and has a balanced scale,” he said.

According to him, some  prosecutors may utilise their positions over  defendants in a way and manner that makes the bail process too rigorous.

”There are defendants who remain in custody for close to one year because of this avoidable legal hiccups,” he said.

Ogbankwa urged the judiciary to review the process of verification of sureties to put it in proper context.

He also urged courts to adopt liberal conditions of bail so as to save defendants from staying long in custody due to inability to perfect their bails.

Group faults verification of sureties by police, EFCC

N700 Million Diezani Cash: EFCC re-arraigns Yero, others

The Economic and Financial Crimes Commission, EFCC, on November 21, 2022 re-arraigned a former governor of Kaduna State, Mukhtar Ramalan Yero before Justice R.M Aikawa of the Federal High Court sitting in Kaduna on an eight count amended charges bordering on money laundering. The re-arraignment is sequel to the transfer of the former trial judge, Justice M.G Umar, from the State.

Yero is being prosecuted by the EFCC alongside Nuhu Somo Wya (a former minister), Ishaq Hamsa (a former Secretary to Kaduna State Government) and Abubakar Gaiya Haruna (a former Chairman of the Peoples Democratic Party (PDP) in the state) for their alleged involvement in the receipt and disbursement of the sum of N700 million paid to them by a former Minister of Petroleum Resources, Diezani Alison-Madueke to influence the outcome of the 2015 presidential election.

At today’s sitting, the prosecution counsel, Nasiru Salele, told the Court that the case was for re-arraignment of the defendants and urged the court to ask them to take their pleas.

The charges were read to the defendants and they all pleaded ‘not guilty’.

One of the amended counts reads: “That you, Muktar Ramalan Yero (while being the Executive Governor of Kaduna state), Nuhu Somo Wya (whilst being a former minister of the Federal Republic of Nigeria) and Abubakar Gaiya Haruna ( whilst being the chairman people’s Democratic Party (PDP), Kaduna State Chapter, sometimes in 2015 in Kaduna within the jurisdiction of the Honourable Court (Federal High Court) did conspire among yourselves to commit a felony to wit: indirectly taking possession of the sum of N700,000,000.00 ( Seven Hundred Million Naira) which you ought to have known forms part of unlawful activity to wit; bribery and thereby committed an offence contrary to Section 18(a) of the Money Laundering ( Prohibition Act 2011 (as amended) in 2012 and punishable under Section 15(3) of the same Act”.

Another count reads: “That you Mukhtar Ramalan Yero ( whilst being the Executive Governor of Kaduna state), Nuhu Somo Wya (whilst being a former minister of the Federal Republic of Nigeria), Ishaq Hamza (whilst being the secretary to the Kaduna state government), and Abubakar Gaiya Haruna (whilst being the chairman people’s Democratic Party (PDP), Kaduna State Chapter, sometimes in 2015 in Kaduna within the jurisdiction of this Honourable Court (Federal High Court) did indirectly take possession of the aggregate sum of N700,000,000.00 ( Seven Hundred Million Naira),which you reasonably ought to have known forms parts of the proceeds of unlawful activity to wit: bribery and thereby committed an 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”.

Following their pleas, the defence counsel, Yunus Ustaz Usman urged the court to extend to the defendants, the terms of the bail earlier granted them by the former judge.

The prosecution counsel, Nasiru Salele, appearing with M.E Eimonye and P.C Onyeneho, did not object to the application.

Justice Umar granted bail to the defendants on the same terms earlier offered them by the court.

The case was adjourned till 16th, 17th and 18th January, 2023, for trial.

N700 Million Diezani Cash: EFCC re-arraigns Yero, others

EFCC Arrests Alleged Currency Speculator

As part of its ongoing operation to sanitize the foreign exchange sector and rid it of speculators and all shades of economic saboteurs, the Economic and Financial Crimes Commission, EFCC, has arrested one Mustapha Muhammed alias Muaspaha Naira.

He was picked up by operatives of the Commission on Saturday November 12, 2022 at Wuse Zone 4, the hub of parallel market operations in the Federal Capital Territory.

The suspect has made useful statement while the investigation continues.

EFCC Arrests Alleged Currency Speculator