Another attempt by embattled Chairman of Bi-Courtney Highway Services Limited, Wale Babalakin to stop the Economic and Financial Crimes Commission, EFCC from prosecuting him on money laundering charges failed today as Justice Ibrahim Buba of the Federal High Court, Lagos dismissed his application.
He had approached the court, seeking an order to enforce his fundamental human right by way of preventing the EFCC, agents or security agencies of government from harassing, arresting or detaining him, further to the charge filed by the EFCC at the Lagos High Court.
Justice Buba said it was wrong for the applicant to approach the court to enforce his fundamental human right when there was a pending criminal charge against him at the state high court. He said the personal liberty of an individual was not absolute. He said it will not augur well for the peace and progress of the society if any person with a criminal charge in a court approaches another to enforce his fundamental human right; nothing that ”nobody is above the law, no matter the person’s position or status”.
He said Babalakin as a Senior Advocate of Nigeria should not be afraid to face the court and, therefore, dismissed his application as lacking in merit.
Rotimi Jacobs, SAN, had told the court that the EFCC is vested with the power to investigate, arrest and prosecute persons for financial crimes. He also told the court that Babalakin did not abide by the terms of the administrative bail granted him by the Commission.
On the issue of Babalakin’s ill-health which his counsel, Wale Akoni, SAN, made copious reference to, Rotimi said that there was nothing before the court on the current state of the suspect’s health.
“It is not a case of denial of fundamental human rights but a case of non-compliance to enjoy that right. The suit is intended to gag the EFCC so that they will not take him to court”, Rotimi submitted.
Before to day’s ruling Justice Buba had on Monday December 17, 2012 refused to grant an ex-parte order restraining the EFCC from arresting or detaining Babalakin without hearing from the respondents. Rather, the judge ordered Babalakin to serve the respondents to enable them respond to the motion on notice.
Justice Idris had on December 15, 2012 dismissed a similar application by Babalakin for an order of prohibition against the EFCC and the Attorney General of Federation from arraigning him before the Lagos High Court on the grounds that the application was defective as it failed to comply with Order 35 Rule 4 of the Federal High Court Civil Procedure Rules, which require the applicant to depose to an affidavit after serving the court papers on the parties in the suit.
The judge held that failure to depose to such affidavit and file same before the court had robbed the court of its jurisdiction to entertain the matter.
The court vacated the order it earlier granted the applicant permitting him to institute the prohibition suit against the EFCC and subsequently awarded N5, 000 cost against the applicant.
Babalakin, alongside Alex Okoh, Stabilini Visioni Limited, Bi-Courtney Limited and Renix Nigeria Limited are scheduled to appear before an Ikeja High Court on January 17, 2013 to take his plea on a 27-count charge of offences bordering on money laundering preferred against them by the EFCC. They allegedly transferred various sums of money on behalf of the former governor of Delta State, Chief James Ibori, through third parties to some foreign accounts under the guise of purchasing a Challenger Jet Aircraft.
They were to be arraigned before Justice Adeniyi Onigbanjo of the Lagos High Court Ikeja on November 29, 2012. The arraignment was stalled as Babalakin failed to show up, claiming sudden illness that necessitated his hospitalization at the Lagos University Teaching Hospital. While his lawyers were pleading with Justice Onigbanjo to adjourn the arraignment to enable Babalakin to recover from his illness, he was attempting to stop his trial before Justice Mohammed Idris of the Federal High Court.
Ebun Sofunde, SAN, lead defence counsel to Babalakin has withdrawn from the case, citing personal reasons
Meanwhile, the suspect is still holed up in LUTH, while shopping for restraining order of court to prevent his trial.
Wilson Uwujaren
Ag. Head, Media & Publicity
21st December, 2012
Kenya and Somalia have called on the UN Security Council to extend the mandate of African Union mission forces in Somalia (Amisom) to sustain the road to stability.
On Friday, the two governments said Amisom has already contributed to Somalia’s pursuit of peace and that
it would be important to for the forces to continue staying in Somalia much longer.
President Mwai Kibaki of Kenya met his Somali counterpart Hassan Mohamoud, whom he had invited, in Nairobi upon which they released a joint communiqué calling on the Council to empower the AU forces.
The ten-point statement said the two leaders had “held wide ranging consultations on various issues” but specifically emphasised on the importance of security and peace in Somalia as key to the economic growth of the East African region.
“The two leaders noted with appreciation the role of Amisom in liberating Somalia from Al-Shabaab militants,” the statement delivered by Foreign Affairs Minister Sam Ongeri said in part.
“They called on the UN Security Council to consider favourably the extension of the mandate of Amisom (African Union Mission in Somalia) so that it can continue helping in the consolidation of peace and security in Somalia.”
The authority of Amisom forces to which the Kenya Defence Forces (KDF) is enjoined is set to expire on March 7, 2013.
UNSC provided the forces with the mandate to help rebuild Somalia, long bruised by the two-decade civil war.
The Council extended the mandate for Amisom in November for four months instead of the expected for 12, meaning Amisom would run out of authority to combat militia group, Al-Shabaab, by March 7, next year.
At the time, UNSC argued it needed time to allow for a review of operations by the Forces that included considering whether to lift an arms embargo and resumption of stocks of charcoal in the newly liberated Kismayu.
The combined African Union mission consists of over 17,600 peacekeepers that are helping the Mogadishu government to fight rebels in Somalia
The country recently voted in a national assembly for the first time in 20 years and elected President Hassan Sheikh Mohamoud to re-stitch the tattered country.
At State House in Nairobi, President Mohamoud paid a glowing tribute to Kenya’s role in helping stabilise Mogadishu.
He was also clear as to what position he takes on the presence of KDF in his country.
“Somalia has received unwavering support from Kenya especially through sending military forces to fight the threat of Al-shabaab and hosting of Somalia refugees,” he said.
“Right now, we are moving from chaos to peace and stability. We are working to have a Somalia that is at peace with itself.”
The two leaders also said they “acknowledged” the situation of refugees living in camps and said they would work on modalities with the international community to return them to Somalia.
It is not clear when the refugees, whom they admitted were living in “crowded” conditions, would finally be taken back home.
But they announced to start working on it as soon as possible.
Source: Daily Nation Kenya
Al-Qaeda, or an allied group, was probably behind the kidnapping of a French engineer in Nigeria, French President Francois Hollande has said.
A group of about 30 gunmen snatched him from a heavily guarded compound in northern Nigeria, police say.
The attack occurred in Katsina state, which shares a border with Niger, where al-Qaeda’s North African wing is known to operate.
Nigeria’s Islamist militant group has not staged many attacks in Katsina.
Boko Haram, which is fighting to impose Islamic law in Nigeria, has killed some 3,000 people in numerous attacks across northern Nigeria since 2010, human rights groups say.
But BBC Hausa’s Aliyu Tanko says the group does not normally kidnap people.
President Hollande told Europe 1 radio in France that the kidnappers were “probably linked to AQIM [Al-Qaeda in the Islamic Maghreb] or the groups which are today in Mali”.
Islamist groups which are linked to al-Qaeda seized control of the whole of northern Mali, including the historic city of Timbuktu, in April.
“We have to be firm when it comes to terrorism, while at the same time maintaining contacts to free” French nationals, Mr Hollande said.
Groups linked to AQIM are also believed to be holding several other French nationals kidnapped in Niger and Mali.
The engineer kidnapped on Thursday worked for a French company on a wind power project in the town of Rimi, about 25km (15 miles) from Katsina city, reports the AFP news agency.
Katsina state police commissioner Abdullahi Magaji also told AFP he did not think Boko Haram was behind the kidnapping.
Two security guards were shot dead in the attack, while a police officer was wounded, he said.
Earlier this year, a kidnapped German engineer was killed by his captors during a failed rescue bid. It is thought the group holding him had links to AQIM.
A British and an Italian hostage were also killed this year during a similar attempt to free them by British and Nigerian forces.
There has been a spate of recent kidnappings in southern Nigeria, where the motive is usually a ransom.
Fair skinned Nollywood actress Nkiru Sylvanus and former Mr. Nigeria Kenneth Okolie who were kidnapped, Monday, in Owerri have been released, Thursday night, by their captors.
Nkiru and Kenneth were both kidnapped at 2.30pm close to the famous Concord Hotel, Owerri. The kidnappers had then contacted family and some friends of Nkiru to demand N100m as ransom. But barely hours after an open letter was written to the IG of Police on the matter by concerned friends of the kidnap victims, their release was eventually secured.
As at the time of filling this report, it is uncertain if any ransom was paid.
The Abia state chapter of the Campaign for Democracy (CD) has called on the Ngwa people to unite and ensure that it produces the next governor of the state in 2015.
In a chat with 247ureports.com in Aba, the state chairman, Mr Jude Chukwu, said the organization was planning workshops in the 17 local government areas of the state, to sensitize the electorate and political parties on their civic responsibilities ahead of the 2015 elections.
He disclosed that the workshop, titled “You Can Change It if You Want’’, was aimed at wooing the political parties in the state to adopt persons from Ngwa extraction for the governorship position in 2015.
Chukwu maintained that old Bende in Abia North senatorial district had had a shot at the Abia Government House since the return to civilian rule, more than other zones in the state.
According to him, Ngwaland in Abia Central and South senatorial districts, with nine local government councils out of 19, is yet to produce a governor of the state.
“We are going to carry out a house to house campaign after the workshops, to achieve this objective ahead of the 2015 general elections. We are not doing these for monetary gains.
“But we thought it is right for equity and justice for Ngwaland, with the commercial city of Aba, to produce the next governor of the state,’’ he stated.
Chukwu advised the Ngwa people against misusing the opportunity by resorting to monetary gains stressing that power is not given but taken.
The renewed emphasis on post-graduate studies by universities has raised hope that the nation is coming to terms with the importance of research in the transformation of the socio-economic landscape as being championed by the President Goodluck Jonathan-led administration.
Only recently, the University of Ibadan, an institution that prides itself as Nigeria’s premier university, graduated a total of 3,277 candidates with higher degree certificates. Of this number, 262 are PhD holders; 16 were awarded Masters’ in Philosophy; 43 bagged Masters’ in Public Health; 2,246 bagged Academic Masters’ Degrees; 494 received Professional Masters’ degrees, while 216 received post-graduate Diplomas.
With this number and others from universities across the country, the rank of researchers in the country has swelled and with the deployment of their knowledge to solve problems in public and private sectors of the economy, the nation is bound to gain optimally.
While this renewed emphasis on post-graduate education is commendable in view of the critical role that research plays in nation-building, not a few have decried poor funding of universities, insisting that this has to be reversed for these institutions to deliver on their mandate, including production of quality post-graduate candidates.
Recently, Federal Government disclosed that it has set aside N3 billion for research in Nigerian universities, but many insist that the amount is inadequate to enable universities improve on their records.
Decrying poor funding of universities, Chief Wole Olanipekun, Pro-Chancellor of University of Ibadan, said there is the need for better funding of all universities in the country if they were to be better players in the provision of tertiary education.
Olanipekun, a Senior Advocate of Nigeria spoke during the University of Ibadan 2012 Convocation and 64th Foundation Day ceremonies, held at the International Conference Centre of the institution recently.
“Nigerian Universities have been lagging behind for quite some time now; bluntly but respectfully put, the University of Ibadan is being under-funded. I align myself to the plea for adequate funding of our universities. It is also my passionate plea to government at various levels in this country to properly fund education”.
Also, admitting that funding for post-graduate education/research is poor, Chief Executive Officer/Managing Consultant, FM & T Consulting, Dr. Chris Asoluka, called on government as well as private sector organizations to upgrade their funding to enable universities produce better researchers.
“The present level of funding for post-graduate education/research by government is inadequate and this should be addressed in view of the critical role that research plays in nation-building. Also, the private sector should seek ways of funding research in varsities. Varsities on their own should also find ways of being more resourceful. That does not mean commercialization of university degrees. They don’t need to award degrees to attract support from individuals/corporate organizations,” he said.
On role of post-graduate education in national development, Asoluka who was among the 262 PhD holders recently graduated by University of Ibadan during the2012 Convocation and 64th Foundation Day ceremonies of the institution asserted that “there can’t be national development without thinking, without research. It is said that if a nation/individual fails to plan, such a nation or individual has already planned to fail. Things are not as easy as they appear and there are levels of interruption. This is the role that research, post-graduate education plays in national development. It provides the platform/basis for sustainable development”.
He noted that a country that will move forward must place emphasis on research, adding that post-graduate education is the platform for such forward movement.
In his words: “We must interrogate the old practice. New problems will arise and when they arise, they must be investigated. As the new problems arise, you also have contemporary experience which you can draw from. All these things require enormous research. So, research is extremely important. Without research, a nation suffers atrophy. Nation-building and research go hand in hand.
“So, in terms of nation-building, no country develops without research. How could the world have developed to the present level without research? So, if a nation does not place emphasis on research, it means that it is satisfied with decay. I don’t see any nation or even firm doing well without research; and the factory for research is the university.
However, Asoluka challenged university authorities across the country to find ways of encouraging academics who are in corporate world to join on their faculties to beef it up, admitting that it is the only panacea for students to get the best of theory and practice which will place them in better stead to compete in life.
“Academics who are knowledgeable in theory and practice but working in the private sector or outside the academia should be encouraged to come in from time to time to train students,” he counseled.
While agreeing that there have been some innovations to improve funding of university education by Federal Government through the Educational Trust Fund established in 1995 and the series of intervention fund by the Federal Government, Dr. Emmanuel Remi Aiyede, Senior Lecturer in the Department of Political Science, University of Ibadan, insisted that the funds have remained inadequate. He said beside funds, there are other challenges that are yet to be addressed.
On relevance of Post-graduate education to nation-building, Dr. Aiyede, said it provides the skill levels and problem solving abilities that enables individual to be a productive in the contemporary knowledge economy.
He noted however that for Nigerian university and post-graduate education to be central to development, they must be tailored to the needs of society. “For Nigerian universities to play effective role in shoring up the country’s competitiveness and act as catalysts of development, they need to become centres of innovation and produce graduates with entrepreneurial mind-sets. They must move away from being degree certificate awarding institutions to become real centres of innovation and enterprise. They must be able to raise the students’ awareness and motivate students to identify and exploit opportunities, train students on how to set up a business and manage its growth. They must provide the innovative ideas and inventions that add value to production”.
Suggesting what can be done to enhance post-graduate education, Dr. Aiyede, who is also the Coordinator, Leadership and Governance Programme, Centre for Sustainable Development, University of Ibadan, urged the Ministry of Education to define the problems of post-graduate education in relation to the needs of the economy and society, and promote innovations and partnerships that will help fulfill these needs.
He called on universities to partner with private sector organizations in revising and refocusing their curricula.
“There is need for private sector support in upgrading the quality of teaching, learning and research in our universities. This can be done by forging and deepening partnership in teaching, funding of research projects, establishing endowments as well as making demands on universities to fill skills gap in industry,” he stated.
Contributing, Dr. Ayo Adetunji, a Microbiologist with a research institute in Oyo State, said that for the renewed emphasis on post-graduate studies to be sustained, greater funding from government is required to upgrade facilities in universities as well as attract requisite staff.
His words: “Emphasis on post-graduate education by institutions in the country is a step in the right direction as it provides foundation for transformation of the economy and can only be sustained to the extent that government supports these institutions by way of improved funding particularly for research purposes. The funding should be channeled towards upgrade of facilities as well as recruitment and remuneration of requisite academics”.
Though he lauded Federal Government for earmarking N3 billion for research in universities in the country, however insisted that the amount falls short of what is needed for universities to improve their capacity of producing researchers that will stand the test of time.
“I commended Federal Government for setting aside N3 billion for research in our universities but still this amount is grossly inadequate if these universities are to produce world class researchers. So, while one appreciates this gesture as it shows that the government has come to terms with the importance of research in nation-building which post-graduate education provides, I would still make case for increased funding,” he said.
President Goodluck Jonathan Thursday appointed controversial Edo politician, Tony Anenih, as Chairman of the Board of the Nigerian Ports Authority.
The appointment was announced in a statement late Thursday by the Secretary to the Government of the Federation, Pius Anyim.
The statement also contained the list of appointed board members for the Corporate Affairs Commission and the Nigerian Maritime Administration and Safety Agency, NIMASA.
But of all the appointments, none is as controversial as Mr. Anenih’s.
Anenih for NPA
Mr. Anenih has held several positions in government including ministerial appointments.
However, the former Chairman of the Peoples Democratic Party, PDP, Board of Trustees is best remembered for his role as the Minister of Works, a position he held under President Olusegun Obasanjo.
Mr. Anenih was indicted by a National Assembly Committee for mismanaging over N300 billion that accrued to the Works Ministry during his tenure as minister. His tenure as works minister saw no major road in the country repaired or constructed. The Lagos- Ibadan Expressway, and the Benin-Ore Expressway were in deplorable states during Mr. Anenih’s tenure as minister.
The President’s decision to appoint Mr. Anenih as NPA board chair also shows the lucrative state of the agency.
NPA and Bode George
The NPA is considered one of the most lucrative agencies outside of the oil and gas industry.
It has also served as agency of choice for PDP leaders since 1999.
A former Deputy National Chairman of the party, Bode George, once held the position now given to Mr. Anenih.
Mr. George was eventually convicted of contract splitting of billions of naira while he served on the NPA board. He served a two-year jail term.
The lucrative post is now Mr. Anenih’s.
PDP BOT position
It is also not clear if Mr. Anenih’s appointment is the president’s way of diverting his interest from the PDP Board of Trustees Chairmanship position for which he is angling.
Mr. Anenih was believed to be Mr. Jonathan’s choice for the post while former President Olusegun Obasanjo supports the candidacy of Ahmadu Ali, former PDP chairman. The PDP had to postpone its election for the BOT chairmanship position to 2013 when the party elders could not agree on a consensus candidate.
With Mr. Anenih’s NPA appointment, it may just be that he has let go of the BOT post.
The NPA Board Chairmanship position may just be a good enough replacement for the Edo politician.
Two Lebanese, Hassan Rmaiti and Talal Hammoud who were arrested at the Murtala Mohammed International Airport, Lagos on November 26, 2012 with $2,073,160 (Two Million, Seventy Three Thousand, One Hundred and Sixty Dollars) have been convicted by Justice Okechukwu Okeke of the Federal High Court sitting in Lagos.
While Hassan Rmaiti was arrested with $1,971,920 (One Million, Nine Hundred and Seventy One Thousand, Nine Hundred and Twenty Dollars) Talal Hammoud was caught with $101,240.00 (One Hundred and One Thousand, Two Hundred and Forty Dollars). The convicts were on their way to Lebanon when they were arrested for failure to declare the money to Customs at the airport as required under section 12 of the foreign exchange (Monitoring and Miscellaneous Provision) Act cap F34 Laws of the Federation of Nigerian 2004 and section 2(3) of the Money Laundering (prohibition) Act, 2011. The offence is punishable under section 2(5) of the Money Laundering (Prohibition) Act, 2011.
The one count charge against Hammoud reads: “That you Talal Hammoud on or about the 7th of November, 2012 at the Murtala Mohammed International Airport, Lagos within the jurisdiction of the Federal High Court while transporting in cash the sum of $101,240.00 (one hundred and one thousand two hundred and forty Dollars) from Nigeria to Lebanon failed to declare to the Nigerian Customs Service the said amount of $101,240.00 (one hundred and one thousand two hundred and forty Dollars) as required under section 12 of the foreign exchange (Monitoring and Miscellaneous Provision) Act cap F34 Laws of the Federation of Nigerian 2004 and section 2(3) of the Money Laundering (prohibition) Act, 2011 and thereby committed an offence punishable under section 2(5) of the Money Laundering (Pr0hibition) Act ) 2011”.
One of the two count charge against Rmaiti reads “That you HASSAN RMAITI on or about the 23rd of November 2012 at the Murtala Mohammed International Airport, Lagos within the jurisdiction of this federal high court while transporting in cash the sum of $1,971,920 (One Million, Nine Hundred and Seventy One Thousand, Nine Hundred and Twenty Dollars) form Nigeria to Lebanon failed to declare the said sum of $1,971,920 (One Million, Nine Hundred and Seventy One Thousand, Nine Hundred and Twenty Dollars), to the Nigerian Custom Services as required under section 12 of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act cap F34 Laws of the federation of Nigeria 2004 and section 2 (3) of the Money Laundering (Prohibition) Act, 2011 and thereby committed an offence punishable under section 2(5) of the Money Laundering (prohibition) Act 2011”.
When the charges were read to the accused persons, they all pleaded guilty.
Based on their plea, prosecuting counsel, ABC Ozioko prayed the court to convict them. Defence counsel, Chris Emeh however pleaded with the court for leniency as the accused persons were first-time offenders.
Justice Okeke accordingly convicted the accused and ordered that they forfeit $25,310 (Twenty Five Thousand Three Hundred and Ten Dollars), being 25% of the undeclared sum to the Federal Government of Nigeria.
The United States Embassy has issued travel warning to its citizens in Nigeria ahead of the Christmas and New Year holidays. The warning which was posted on the Embassy’s website and tagged “Security Warning For U.S Citizens” reminded “U.S. citizens to maintain a high level of vigilance during the holiday because of continued security concerns in Nigeria.”
The message reads inter alia: “we recommend U.S. citizens remain vigilant during this holiday season given the deadly attacks which were conducted the previous two years over the Christmas holiday. All U.S. citizens in Nigeria should be particularly vigilant around churches and other places of worship, locations where large crowds may gather, and areas frequented by expatriates and foreign travelers during the upcoming holiday season. U.S. citizens should pay attention to their surroundings, and keep their cellular telephones in close proximity for use in cases of emergency.
The Nigerian Security Services have heightened security measures in Nigeria as a result of threats posed by extremist groups and U.S. citizens can expect to see additional police and military checkpoints, additional security, and possible road blocks throughout the country during the holiday season.
This year, extremists attacked many locations in Nigeria, killing and injuring hundreds of people. They have threatened churches, mosques, media houses, police stations, immigration and customs offices, transportation centers, financial institutions, large hotels, shopping malls and markets, state government offices, communications centers, beer gardens, and nightclubs. Attackers have also attacked and destroyed public and private schools, educational institutions, cell towers, electrical stations, and churches in many northern and central states. Additionally, extremists continue to target westerners for abduction. The security situation in the country remains fluid and unpredictable”.
The US Embassy also urged citizens to enroll in the Smart Traveler Enrollment Programme so that they can have the latest travel updates and also enable the Embassy to contact them in an emergency.
Source: The Street Journal
Stealth capabilities from unmanned aerial vehicles manufactured in Iran are more advanced than rival programs, a deputy commander said.
Brig. Gen. Hossein Salami, deputy commander of the Islamic Revolution Guard Corps, said Iranian drones are more sophisticated than some U.S. counterparts. Iran’s stealth drone program, he said, is among the best in the world, he told the official Islamic Republic News Agency.
In early December, Iran claimed it captured a Boeing ScanEagle, a low-budget drone used by the U.S. military and other Western powers.
“The technology used in the ScanEagle is very old and our UAVs are much more advanced than them,” Salami said.
Iran said it was able to extract the data from the drone. Last year, the country said it was able to reverse-engineer an RQ-170 Sentinel drone operated by the CIA that strayed across the border with Afghanistan. This week, the military announced it began production of its own ScanEagle variant.
“We will use every opportunity to design all kinds of drones,” said Iranian Defense Minister Ahmad Vahidi.
