N1.3Bn Scam: Court Throws Out Ex-Gov Boatmang’s Applications As Trial Begins

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A Federal High Court sitting in Abuja was on Wednesday October 26, 2011, told that most of the  cheques used to withdraw money from the account of  Plateau State government during the less than six-month tenure of Michael Boatmang as governor, did not pass through the Cheque Movement Register, CMR, in the office of the Accountant –General.

Also, an attempt by the defence counsel, M. Y. Saleh, SAN, to discredit the petition addressed to the former Chairman of the EFCC, Mallam Nuhu Ribadu, on June 15, 2007 and signed by the Executive Governor of Plateau State , Chief Jonah Jang, requesting the EFCC to investigate and help recover about N1. 3 billion withheld by the Intercontinental Bank PLC was over ruled by the presiding Judge, Justice G.K. Olotu at the resumed hearing of the criminal case filed against Boatmang by the EFCC on Wednesday.

Boatmang who was governor of Plateau between November 13, 2006 and April 9, 2007, was re-arraigned on July 27th, 2011, on a 31 count charge bordering on corruption, money laundering and embezzlement of public funds totaling $13.3 million (1.5 billion naira)  when he served for five months as the governor of the state.

At the resumed hearing of the case, Prosecution Witness one, Mr. Adamu Garba, who is one of the investigating officers in the case, told the court that during the six months period, the state had two Accountants General: Nuhu Madaki and Nanshai Binnai. Garba also told the court that Madaki made a voluntary statement where he admitted that the cheques used to withdraw money from the Intercontinental Bank were Classified Cheques and that the money was withdrawn and handed over to the accused person; adding that the cheques were not supposed to appear in the CMR.

When the petition by Jang was tendered as exhibit, the defence counsel opposed vehemently as he said that the letter was addressed to the former Chairman of the EFCC, Mallam Nuhu Ribadu, and therefore can not be tendered by any other person outside the former chairman of the Commission.

But Justice Olotu who showed no sign of entertaining frivolous applications on the matter told the defence counsel that there was no need to waste time on the document. “Let us not waste time on this. This letter was addressed to the chairman of the EFCC in 2007; any other officer of the EFCC can present the same letter today. The accused person’s objection to the admissibility of the document in evidence is over ruled and marked exhibit 3”, she ruled. The statements written by the Business Manager, Intercontinental bank, Jos, Mr. Danjuma Usman, and the two Accountants General as well as the two statements of the former governor being prosecuted were equally admitted in evidence.

In the statement of the accused which was read by Mr. Garba, Boatmang had said that N100 million of the N1.3 billion for which he is being prosecuted was a loan taken from Bank PHB on the orders of the PDP leadership to prosecute the 2007 election as he said that the then President Olusegun Obasanjo gave him a mandate to ensure the victory of all the PDP candidates who stood for the 2007 election in Plateau state. He also wrote in the statement he volunteered that N750 million which was taken from Intercontinental Bank as a loan for the construction of Jos main Market was diverted to the payment of teachers salary upon approval of former president Olusegun Obasanjo.

While adjourning the case till November 17 and 24, 2011, the judge warned that she would not entertain any unnecessary and frivolous applications that would delay the case. She said the two days is for the prosecution to complete and close its case.

It would be recalled that Boatmang, was first arraigned before Justice Anwuri Chikere. But the case suffered several setbacks following his ailment and transfer of judges who earlier handled the case. Aside from Justice Chikere, Justice Muhammad Umar also handled the case before he was also transferred. Justice Olotu is the third judge handling the case.

 

The embattled former governor became the governor of the North Central state of Plateau on November 13, 2006 after his boss, Chief Joshua Chibi Dariye was impeached from office.

Tribunal Upholds Andy Uba’s Election

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The National and State Assemblies  Election Tribunal sitting in Awka has upheld the election and declaration of Senator Andy Uba of the Peoples Democratic Party as having been validly returned for Anambra South Senatorial Zone in the last general elections.

The tribunal in its  judgment delivered yesterday in Awka dismissed the petition filed by Chief Chuma Nzeribe of the All Progressives Grand Alliance against the election of Uba “for lack of merit”.

The tribunal chairman, Hon. Justice Pat Onajite-Kuejubola, in the unanimous decision said that Nzeribe and his APGA failed to prove their allegations that there was falsification of election results in the zone, beyond all reasonable doubts.

It also declared that Nzeribe failed to prove that the massive irregularities he alleged in his petition substantially affected the outcome of the result of the election.

“Consequently,” Onajite-Kuejubola said, “the petition lacking in merit is hereby dismissed in its entirety.

“It is hereby declared that the declaration of return of the First respondent (Uba) by the Second Respondent (INEC) on Form EC8E from Anambra Souty Senatorial zone held on the 9th of April 2011 remains valid and lawful,” the tribunal chairman said.

Counsel to APGA, Mr. Theophime Ogwuchi, said the tribunal erred when it refused to be convinced by the clear evidence the party used to challenge the election of Uba.

He said his clients would appeal against the judgment.

$12.4billion Oil Windfall: “Justice Kolawole wants to bungle this case” – SERAP

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A coalition of civil society organizations led by SERAP has raised alarm that an Abuja Federal High Court judge, Justice Gabriel Kolawole, was planning to bungle its case seeking a court order compelling the Federal Government to publish the controversial Okigbo panel report which allegedly detailed the mismanagement of a whooping 12.4billion dollars of oil revenues accrued primarily to two special accounts during the Ibrahim Babangida government.

The alarm followed the absence in court of Justice Gabriel Kolawole, scheduled to deliver its judgment last Friday and on its decision to adjourn the judgment in the case sine die (indefinitely). SERAP argued that, although, the adjournment was just the second in the last three months, it contended that it was a dangerous one to the case in view of the provision of section 194 (1) of the 1999 Constitution (as amended).

he section provides that: “Every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the case or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.” The judgment in the case was initially scheduled for 28th July, 2011.

But on the day in question, Justice Kolawole declared that the judgment was not ready. He subsequently adjourned the case till 21st October to deliver the judgment which amounts to 85 days after the conclusion of evidence and final addresses in the case. Except the judgment is deliver between Monday and Wednesday this week, the entire proceedings and any judgment given after the statutory 90 days would amount to nullity. But the judge has however adjourned the case sine die.

It would be recalled that eminent economist and scholar, Dr. Pius Okigbo, was appointed chairman of a committee to probe the activities of the Central Bank of Nigeria and he released a report critical of the government’s role in mismanaging 12.4billion dollars of oil revenues accrued primarily to two special accounts. That reports is popularly known as the Okigbo Report. The Pius Okigbo panel report on the 1991 $12.4b Gulf War windfall was neither made public nor was any white paper released on it.

Infact, it was said to be missing by the Obasanjo administration.

The report allegedly indicted former military President Ibrahim Babangida who was accused of mismanaging the windfall. A coalition of civil society organizations led by SERAP claimed they found the report and petitioned the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN) to probe Babangida for alleged mismanagement of the fund. The organization had urged Adoke to implement the recommendations of the late Pius Okigbo panel report which indicted Babangida over the allegations of corruption and mismanagement of the fund.

They were concerned that since the report was submitted to the late General Sani Abacha’s regime on the 29th August 1994. Successive administrations had failed to act on it. It was at this juncture that the civil society organizations invoked the original jurisdiction of the courts to compel the government to publish and implement the recommendations of the panel report.  

…same judge is planning to kill Nigerian football –NANF

 As if planned, the National Association of Nigerian Footballers (NANF) has raised an alarm against the same Justice Gabriel Kolawole of the Federal High Court, Abuja of planning to kill Nigerian football with the refusal to undertake the contempt charges against the Nigeria Football Federation (NFF).

NANF in a release in Abuja at the weekend said, there are two motions before him to stay the execution of the judgment on the NPL as filed by Davidson Owumi. The NFF went on to do the kangaroo election that brought in Victor Baribote as a result of his refusal to hear the motion. The judge had resisted the joinder of the NANF and the Nigeria Football Association (NFA) in the suit. As soon as his judgment was given, a stay of execution of that judgment was filed by Owumi’s counsel, Ameh SAN, and the counsel of the NANF and NFA also filed stay of execution. Till date, Justice Kolawole is yet to give a date to address the motions of stay of execution.

We appreciate that he has the discretion to stay his judgment. We also know too that it is trite legal practice that once a notice of appeal is filed, the judgment should not be carried out. Yet, the NFF in desperation went on to carry out the judgment by crowning in a selection process their acolyte, Victor Baribote, not even in tandem with the extant rules and regulations governing such conducts.

This was done even against legal advice from the office of the sports minister. Why is the judge finding it difficult to take the contempt issue filed against the NFF and Baribote? Why did the NFF/Baribote even when served the processes went on to make the court look like a jester? Why did the NFF swore to two conflicting affidavits about itself making Nigerian courts become a toy?

CBN Raises Alarm Over Students’ Lack of Interest In Agriculture

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The mounting preference for steadily dwindling white collar jobs and open apathy shown by contemporary students and job seekers over Agriculture and food production all over the country has been described as one issue that affects our quest for food sufficiency if not addressed quickly soon.

This was the observation of the Awka Branch Controller of the Central bank of Nigeria, Mazi Azubuike Okoro, in a paper at a seminar on Agriculture Financing at the Anambra State University, Uli, (ANSU) Igbariam Campus. He stated that in response to the declining interest in farming in Nigeria, the apex bank has decided to venture into development projects, especially, in the area of agric financing.

 Okoro noted that, “It is important to teach our children the essence of reading and practicing agriculture and more importantly, how to access funds in order to make what they read profitable, more interesting and ultimately make them employers of labour”.

That if Nigeria continues the massive importation of food without production, there will soon be pressure on the exchange rate of the naira, which is why the CBN is engaging a tripartite agreement between the ANSU students and financial houses, while CBN will come in to guarantee the borrowing process.

The Vice Chancellor Prof. Fidelis Okeke, noted that there is need for emphasis on agriculture in the country presently, and charged the students to make use of what they learnt in promoting the school and in their own personal development.

Dean, Faculty of Agriculture, Dr Chris Uzuegbunam, who disclosed that the seminar was a prelude to an international conference scheduled for next year, lamented that students greatly under utilize services provided by institutions like the CBN, because of lack of knowledge. He expressed optimism that the seminar will help agric graduates and students alike to find their feet in the outside world.

Already two students have benefited in the scheme, which enabled them to start up poultry and a fish farm.

Sen Abatemi-Usman announces NGO & N20m take-off fund

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Vice Chairman of Senate Committee on Niger Delta Affairs, Senator Nurudeen Abatemi-Usman representing Kogi Central on the platform of Peoples Democratic Party (PDP) has announced the release of twenty million naira as a start-up fund for The Umajene Abatemi Initiative (TUAI).

The senator made the announcement at the formal inauguration of the Board of Trustees (BoT) of TUAI, a community-based Non-Governmental Organisation (NGO), he initiated to execute valuable projects that will have beneficial effects on the lives of the people of his constituency.

A statement issued by Michael Jegede, his Special Assistant (SA) on Media matters at the end of the event, which took place in the National Assembly Abuja quoted the Senator as saying that he cannot afford to disappoint the people who gave him the opportunity to serve them.

“I want to thank all of you for accepting to be part of this team meant to drive the scheme that we have designed to positively change the face of Ebira land and bring succour to our people. We know that the problems in our land are numerous and the challenges are enormous. But we would do our best not to let our people down. I hereby announced the sum of twenty million naira as a start-up capital for TUAI. If this money is properly applied, no doubt, it will attract more from the initiator and donors within and outside the country,” Abatemi-Usman, a member of the Pan African Parliament (PAP) said.

In a PowerPoint presentation of the blueprint of TUAI to the board members by the Executive Secretary (ES), Hauwa Ismail, she noted that the Imitative is an important milestone in the effort of the Senator to economically empower the people. According to her, the primary objective of the NGO is to create wealth by stimulating appropriate economic activities in the various wards of each Local Government Area in Kogi Central.

Chairman of the organisation’s BoT, Stephen Yakubu, a former Secretary to Kogi State Government, expressed delight over the decision of the Senator to come up with the Initiative as a way of making positive impact on the lives of Ebira people.  

Ngige’s ACN replies Dora Akunyili

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We have read in your esteemed medium the statement credited to Prof Dora Akunyili the defeated APGA candidate for the Anambra Central Senatorial seat, which contains significant misinformation and under information.

Prof Dora Akunyili is right that the Election Tribunal sitting in Awka struck out the petition filed by her good self on October 20 ,2011.

However, she is wrong in misinforming the world that the file copy of the Form 008 was missing from the court file on October  20 , 2011, after being cited on October 4, 2011.

The truth is that Form TF 008 which defines the direction of the trial, since it contains the questions which SETS THE PARAMETERS FOR TRIAL has never existed and the tribunal found that as a fact.

As a result, when it was pointed out to Akunyili’s team that this all-important form was not filed, a counter affidavit was filed by the team annexing what the tribunal described as a ‘worthless document’ –a photocopy with original stamps, bearing conflicting dates- which we in the ACN know for a fact was a forged document.

This document was attached to a counter affidavit which claimed that the petitioner’s copy of the form was stolen from their hotel room.

This cock- and- bull story failed to reckon with three hard facts in line with the tribunal’s procedure.

·         That 21 original copies of the form was supposed to be produced, so if one was stolen, 20 should survive, including copies served on parties.

·         That the parties where supposed to be served with the original copies or at worst certified true copies within a specified time if the document existed.

·         That there ought to have been a filing fee which payment ought to be evidenced.

Having failed to do the proper thing, the re was a clear resort to criminality, which made the ACN legal team move a motion inviting the security agencies to investigate the matter. Dora Akunyili is the main beneficiary of these corner-cuttings.

The motion was heard side –by side with a motion filed by INEC, the second respondent seeking to strike out the petition for non-filing of the form.

The tribunal having established that the form was not filed, but instead a ‘worthless document’ was brought held that the tribunal is handicapped to proceed and therefore had no jurisdiction to proceed.

On the second motion ,filed by Dr Chris Ngige, First Respondent, the tribunal gave Dr Ngige is at liberty to invite the police or SSS to unravel the crime.

We therefore hasten to say that the frame of Dora Akunyili’s statement  which leaves out these worthy facts in the judicial records shows that she may know something about the decision to forge documents to subvert justice by all means, just like she knew something in April 2011 about the attempted compromise of a returning officer, his subsequent sack and the appointment of another who was Akunyili’s  student in University of Nigeria.

We concede Akunyili her right of appeal, hoping that indeed there is anything to appeal, but insist that facts are sacred and must be placed in perspective.

While awaiting Dr Ngige’s decision  and perhaps a  full-scale investigation of the criminal offence clearly committed by those working to further Akunyili’s political interest, which may and may not include her person, we invite Sahara Reporters and the entire press to step forward and investigate this matter ,independent of Akunyili and the security agencies.

Thank you

Okelo Madukaife

State Publicity Secretary

ACN, Anambra  State

Tribunal nullifies Ekwunife’s Victory

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The National Assembly election petition tribunal sitting in Awka has decleard that the House committee chairman on Environment Hon Uche Ekwunife was not dully elected and retuned by INEC and called for re election in some areas affected, like Enugu Ukwu ward one, Nimo ward 1 and 2 , Umunnachi and Ezumezu village square.

The judgement delivered under tensed security autmosphere, started by 12 noon and was read by Hon Justice Y Mukhtar.

The Hon justice Onajite Kuejubola three men tribunal held that there are substantial evidence for the Tribunal to arrive at his finding and subsequently held that the election is inconclusive and ordered for re election in the affected areas .

It will be recalled that the Action Congress of Nigeria candidate Ferdinand Dozie Nwankwo had approach the Tribunal for an order to nullify the election for non compliance and irregularities during the election. The petitioner through his counsel, called in 10 witnesses which included a witness expert who carried out forensic analysis of all the materials used during the election,while the respondents called in 8. Counsel to the A C N candidate, Ken Njemanze had earlier in the trial, tendered documents, which the tribunal admitted on the grounds of their relevance to the petition.

It is pertinent to note that today marked the 180 days of this petition as enshrined by the electoral act as amended and failure on the part of the Tribunal to give the judgement today will amount to exercise in futility. Delivering the judgement, the tribunal ordered the Independent national electoral commission to conduct election in the affected areas within 3 months.

Akunyili clarifies tribunal verdict, confident of justice

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NEWS RELEASE
 
Akunyili clarifies tribunal verdict, confident of justice
 
My attention has been drawn to media reports claiming that the Election Tribunal handling my petition in connection with the outcome of the April 9, 2011 senatorial election for Anambra Central has dismissed my case. The impression created by these reports is that my case lacks merit and that I have lost out, but nothing could be further from the truth.
 
In the circumstances, I consider it necessary to provide the following clarifications:
 
  1. The case was not dismissed; it was struck out.
  2. The case has not been heard at all but is still at pre-hearing stage.
  3. The striking out of the case was based on the non-availability of Form TF008 which mysteriously disappeared from the case file.
  4. The tribunal had earlier ruled on October 4 that Form TF008 was in fact filed by my lawyer.
  5. Surprisingly, the tribunal on Thursday, October 20, over-ruled itself on the ruling of October 4.
  6. We have gone on appeal and are confident that the God of justice will give us justice.
I therefore urge my teeming supporters to remain calm and prayerful as we persist in our quest for justice.
 
Signed:
Prof. Dora Akunyili, OFR
APGA Candidate for Anambra Central Senatorial District

316.65kg of Marijuana Discovered in Ondo State Government Vehicle

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the hilux conveying 316.65kg cannabis

Campaign for the eradication of illicit drugs from Lagos State is yielding positive results as Operatives of the Lagos State command of the National Drug Law Enforcement Agency (NDLEA) impounds a Hilux vehicle belonging to the Ondo State Government allegedly used in conveying 316.65kg of dried weeds found to be cannabis. A group of female believed to be the brain behind cannabis trafficking and two male drivers with the Ondo State government had been smashed. The suspects last week met their waterloo when they were arrested along Lagos Ibadan expressway on their way from Owo in Ondo State.

bags of cannabis

NDLEA Lagos State Commander Aliyu Sule gave the names of the suspects as Mr. Olasupo Taofeeq Olabode, 31 years, a driver with the Ondo State government; Mrs Rose Ossai, 39 years, sells kerosene and drinks and Mrs. Grace Adejo, 40 years, a trader who used to sell clothes. According to the commander, the suspects smuggle cannabis from Owo in Ondo State and distribute in Lagos.

olasupo taofeeq olabode

“This group made up of women cannabis merchants and two drivers specialise in inter-State distribution of cannabis. They operate cleverly and smoothly using official vehicles as a cover. We got the information and have been working hard to arrest them. We must work hard in making Lagos drug free” Aliyu stated. He added that one driver and two women who are members of the group but currently at large are being hunted by officials of the command.

Chairman/Chief Executive of the Agency, Ahmadu Giade noted that the use of official vehicle belonging to the State government is an indication of the desperation of drug barons. According to the NDLEA boss, “this is worrisome because these are mothers with children distributing cannabis to other children. I urge members of the public to report suspected cases of drug trafficking to the Agency. The consequences of these drugs on the society are grave. Drug barons are constantly looking for who they will engage in their illicit trade and it is wisdom not to yield to their deception”.

rose ossai

The suspects have made confessional statements on their involvement in the criminal act and investigation is still ongoing. Mr. Olasupo Taofeeq Olabode, a driver with the Ondo State government explained that one Ogidan Kayode the official driver of the vehicle used in smuggling the cannabis was responsible for his involvement. “My daughter was sick and I needed six thousand naira for her treatment. I met my colleague Ogidan Kayode for help and he promised to assist. He later drove his official vehicle to my house in Akure and told me to convey cannabis from Owo to Lagos. That was how I got involved. All I wanted was to take care of my sick child but unfortunately, we were arrested” Olasupo stated. He hails from Akure, Ondo State.

One of the female suspects, Rose Ossai, a 39 year old divorcee residing in Lagos said that this was her very first time in the criminal trade. “I was told that there is much profit in hemp sales. I entered into the trade because I wanted to pay for my rent. I am a divorcee with four children. I sell kerosene and drinks and I beg for pardon in the interest of my children and this is my very first time” Rose stated. He hails from Ndokwa West Area of Delta State.

grace adejo

Another female suspect who is also allegedly involved in cannabis sales in Lagos is Grace Adejo, a widow with two children. She pleaded for mercy adding that she regrets her action. “I am a widow with two children. This is my second trip to Owo to buy cannabis. I have realised my mistake and pray for mercy because of my children. I used to sell clothes in Jos to sustain my family after the death of my husband. Unfortunately, I lost my shop and everything to the Jos crisis and I relocated to Lagos where I was lured into cannabis trade” she stated.

All suspects will soon be charged to court.

Jonathan Appoints Delegation For Burial Of Saudi Prince

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President Goodluck Ebele Jonathan has appointed a 4-member Federal Government delegation to attend the burial of the Crown Prince of Saudi Arabia, Sultan bin Abdul-Aziz Al-Saud, who died last Friday.  The burial is scheduled for 1600 (Saudi Time) tomorrow, October 25, 2011.
 
The delegation to be led by the Sultan of Sokoto, Alhaji Muhammed Saad Abubakar III will depart from the Presidential Wing of the Nnamdi Azikiwe International Airport , Abuja at midnight today, October 24, 2011.
 
Other members of the delegation are the Minister of Defence, Alhaji Haliru Bello Mohammed, the Minister of State II, Foreign Affairs, Dr. Nuruddeen Mohammed and Prof. Daoud Naibi.