- Bawa tasks undergraduates to stand up against corruption
By Hillary Asemota
The Economic and Financial Crimes Commission (EFCC) on Monday, filed a motion for stay of execution of the ruling by Justice Nicholas Oweibo of the Federal High Court sitting in Ikoyi, Lagos on the 14 properties as well as the sum of N400 million linked to the Kogi State Governor, Mr. Yahaya Bello.
Justice Oweibo had, on April 26, struck out a suit by the EFCC seeking the final forfeiture of the properties on the grounds of provisions of Section 308(1) of the Constitution.
The Judge had held that “Given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/ criminal prosecution, the court lacks jurisdiction to entertain the matter” and the suit was struck out.
At today’s sitting, counsel for the EFCC, Rotimi Oyedepo, SAN, informed the court of an application dated April 27, 2023 seeking a stay of execution of the ruling pending the outcome of the appeal on the case.
Responding, counsel to the respondent, Akoh Ocheni, filed an application seeking to strike out the application for stay of execution by the EFCC for “lack of complying with the rules of court by not filling a written address and attaching same to the application. “
Oyedepo told the court that a written address was filed on the same day as the application.
He showed the court a copy in his records, saying: “The proceeding is no longer before the Court, but in transmission to the Court of Appeal.”
Justice Oweibo adjourned the matter sine die.
Justice Oweibo had, on Wednesday, February 22, granted an interim forfeiture of the properties in Lagos, Abuja and the United Arab Emirates and also ordered the preservation of the sum of N400, 000,000.00 (Four Hundred Million Naira) recovered from one Aminu Falala, which “is reasonably suspected to have been derived from unlawful activity and intended to be used for the acquisition of Plot No. 1224 Bishop Oluwole Street, Victoria Island Lagos.”
During the proceedings on March 28, Oyedepo had informed the court that the Commission received a notice of intention to oppose the making of the preservation order, which it had equally responded to.
Responding, Bello, in an application through his counsel, Abdulwahab Mohammed SAN, had sought to vacate the order of the court on the grounds that most of the properties sought to be forfeited were acquired by Bello before he became the Governor of the state.
However, Oyedepo had argued that “Where a state’s governor is reasonably suspected to have committed a financial crime, the state can investigate for evidence that will be used in prosecution when he no longer enjoys the immunity.”
Oyedepo, had also argued that the steps the prosecution was taking “is a step for preservation and it cannot be stopped.”
But Justice Oweibo had held that “Given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/ criminal prosecution, the court lacks jurisdiction to entertain the matter.”
The Judge had, therefore, struck out the suit “for lack of jurisdiction.”
Consequently, the EFCC had filed an appeal, challenging the Wednesday, April 26, 2023 ruling of Justice Oweibo that struck out its suit.
In the notice of appeal, the Commission averred that Justice Oweibo erred in law when he struck out the suit as the immunity conferred on the Respondent against any civil or criminal proceedings during his incumbency as a governor of Kogi State does not extend to properties reasonably suspected to be proceeds of crime traced to him; that the court erred and occasioned a miscarriage of justice when it refused to bind itself with the decision of the Court of Appeal in EFCC V Fayose (2018) LPELR 44131 CA and the decision of the Supreme Court in Fawehinmi V IGP (2002)7 NWLR (PT767)606, on the proper interpretation of Section 308 of the 1999 Constitution; and that the learned trial court erred in law when it struck out a preservation order of properties reasonably suspected to have been derived from proceeds of unlawful activities notwithstanding its findings that the Respondent failed to show the genuine origin of funds used to acquire the properties under the preservation order.
…Bawa Tasks Undergraduates to Stand Up Against Corruption
Meanwhile, the Executive Chairman of EFCC, Mr. Abdulrasheed Bawa, has called on university undergraduates and youths across the country to stand up and join hands with the Commission in its fight against corruption, economic and financial crimes.
He made the call on Monday, while receiving members of the Zero Tolerance for Corruption, Ahmadu Bello University, Zaria who paid him a courtesy visit at the Corporate Headquarters of the Commission.
Bawa spoke through Secretary to the Commission, Dr. George Ekpungu, and stressed that Nigerian students have every potential and power to stoke the fire of anti- corruption.
“Students, especially Nigerian students are very powerful, you mould yourself into what you are going to become from the university. The role of students in the fight against corruption is very important, both to the students as much as to the entire youths. If students and the youths stand up against the vices of corruption, economic and financial crimes, we could achieve a hundred percent in terms of development and wellbeing for Nigerians”, he said.
Ekpungu,admitted that the task of fighting corruption was arduous but rewarding, urging youths to offer their best shots in embracing integrity and accountable conduct. “We have to determine what we want to be; we are sitting on a very difficult national assignment but like all of you have come to appreciate we are doing our best, it is not easy”, he said.
He called on students and other youths to stand shoulder to shoulder with the EFCC as representatives of the Commission. “You fight with the Commission, you fight for the Commission, when you hear EFCC being mentioned in wrong terms, the Zero Tolerance Club should be able to come out and say “No, they are doing this and that”. This is what this synergy is, so that you know what we are doing”, he said. He also pointed out that,” the only way Nigeria can achieve its full potential is when we all shun this vice of corruption, economic and financial crimes.”
Responding, Chairman of the University’s Zero Tolerance Club, Sabo Salim, stated that the club is a platform for contributing in the fight against corruption and related cases in the school. Besides, ” it is to promote a culture of patriotism, honesty, accountability, morality among other students and to complement efforts of the EFCC”.
He urged the EFCC to include members of the club in its activities and offer them training and other support. Signed: Wilson Uwujaren, Head, Media and Publicity.