Nation
Court Dismisses EFCC’s Application To Cross-Examine Ex-NNPC GMD
The Federal High Court, Abuja, yesterday, dismissed an application by EFCC to cross-examine former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.
Justice Ahmed Mohammed, in a ruling, sustained the objection raised by Ahmed Raji, SAN, counsel to Mr Yakubu.
Raji had, on July 22, disagreed with the EFCC’s Lawyer, Mohammed Abubakar, on his plan to cross-examine his client, who is the first defence witness (DW1), based on Exhibit “J”.
Exhibit J borders on a case with suit number: FHC/ABJ/CR/121/2016, which was instituted by the anti-graft agency in 2016 before Justice Nnamdi Dimgba when Yakubu was GMD of NNPC.
The case, which is still ongoing, involves an oil company, Atlantic Energy Brass Development Ltd., in which Yakubu was initially the 7th defendant in the suit and was later dropped to become the first prosecution witness in the matter bordering on illegal lifting of crude oil.
Raji had argued that Exhibit J, which the EFCC lawyer planned to take Yakubu on, was irrelevant to the case at hand.
He objected to the propriety of the prosecution to cross-examine the ex-GMD on the exhibit which he said was tendered in respect of counts one and two whose counts had been struck out pursuant to the orders of the Court of Appeal in its judgment dated April 24.
According to Raji, counts one and two having been struck out by the Court of Appeal; Exhibit J which was tendered thereof has become irrelevant as far as counts three and four are concerned.
Our source reports that the EFCC had, in 2017, raided the residence of the ex-NNPC boss in Kaduna State and found 9,772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.
Yakubu was, however, arraigned on March 16, 2017 on six counts but was ordered by the Court of Appeal to defend counts 3 and 4 which bordered on failure to make full disclosure of assets, receiving cash without going through a financial institution and intent to avoid a lawful transaction.
The EFCC alleged that the offence contravened the provisions of Section 1(1) of the Money Laundering Act, 2011 and punishable under Section 16(2)(b) of the Act.
In his ruling yester-day, Justice Mohammed said it was not in doubt that by the judgment of the Court of Appeal alluded to above, the defendant (Yakubu) was specifically ordered to enter his defence on counts three and four only while being discharged of other counts.
“To determine whether Exhibit J is relevant for determination of counts three and four, I deem it as expedient at this stage,” he said.
Making reference to count three and four, the judge noted that it was alleged that Yakubu received the cash payments of 9.7 million dollars and 74, 000 pounds and thereby committed offence punishable under the relevant Act
Mohammed, who cited sections of the Evidence Act, described relevance as logically connected and tending to prove or disprove a matter or an issue.
He held that relevancy is the heart beat of laws of evidence.
“I equally find no hesitation in discountenancing the submission of the learner counsel to prosecution that the case applies only to civil cases,” he said.
He then upheld the argument of the defence counsel that there was a limit a party could be allowed to cross-examine a witness.
The judge ruled that Exhibit J was not relevant to the prove or disprove of counts three and four of the charge for which the defendant was standing trial.
“To allow the prosecution cross-examine the defendant on the contents of Exhibit “ J” which have already found to be irrelevant will amount to absolute waste of precious judicial time,” he said.
Justice Mohammed, who noted that counsel to the prosecution was only approbating and reprobating in his argument, therefore sustained the objection of the defence counsel.
“The prosecution is not allowed to cross-examine the DW1 on the contents of Exhibit J which exhibit is not relevant to counts three and four now pending before the court,” he ruled.
The judge adjourned the matter until Nov. 30 for trial continuation.
NAN reports Abubakar, told the court that Exhibit J was relevant in proving whether or not there had been a predicate offence to counts three and four.
According to him, we further submit that the same Exhibit J is also relevant to some matters which DW1 has testified about both in evidence-in-chief and under cross-examination.
Nation
Osun Park Management Chairman Shot By Police, Union Alleges
The Chairman of the Osun State Park Management System (OSTMS), Comrade Nurudeen Iyanda Alowonle, was reportedly shot by officers of the state police command in the late hours of Monday.
The union, in a statement issued by its Secretary, Mikaela Popoola, in Osogbo, confirmed that its chairman was arrested over domestic issues and taken into police custody.
According to him, the shooting of the chairman occurred while in police custody, and the circumstances surrounding the shooting call for a thorough investigation.
The union scribe, who reiterated that the chairman was arrested over domestic issues and taken into police custody, called on members of OSTMS not to take the law into their own hands.
He stressed, “We must maintain peace across the parks while we take the matter up with the appropriate authorities.”
While confirming the shooting, a top Police officer, who preferred to remain anonymous, said, “Alowonle was arrested in connection with the alleged killing of one Oyewale in 2022 and the assault of some residents on Monday night.
“He was shot while attempting to escape and has been taken to a hospital for treatment.”
According to him, Alowonle was maimed by the police gunshot, and a Hummer bus with registration number AWK 480YD, an unregistered Nissan Almera, and a Toyota Sienna with registration number GNN 595 XD were also recovered from him.
“During the arrest, a Barrett pistol, six rounds of 9mm live ammunition, and one expended empty shell were recovered from Alowonle’s private unregistered Toyota Highlander jeep,” the officer said.
“Alowonle and his boys conveyed themselves in a Previn bus with registration number RBC 275XK, but a distress call to the police led to his arrest. He was rearrested at Susi area of Oke-Baale, Osogbo, alongside eight others before being taken to the state police command.”
Meanwhile, all possible efforts made to reach the spokesperson for the state Police Command, Mrs Yemisi Opalola, for comment on the incident proved abortive as calls put to her mobile phone were not answered.
Nation
Police Kill Notorious Cultist In Rivers, Recover Gun, Ammunition
The Rivers State Police Command has announced that its operatives neutralised a suspected kidnapper and cultist, identified as Gbarani Bume, in the Luawii Community of Khana Local Government Area (LGA).
Bume, also known as Pelele, was a member of the infamous Iceland cult group, which has been terrorising the Beree/Tabaa axis of Khana LGA along with his gang.
Spokesperson for the State Police Command, Grace Iringe-Koko, disclosed this in a statement issued in Port Harcourt on Sunday.
Iringe-Koko said that Pelele and his gang attempted to kidnap a site engineer working in Luawii when the police, acting on a tip-off, swooped in. Upon sighting the police, the suspects opened fire, but Pelele was fatally wounded after a fierce exchange of gunfire and later died.
The statement reads: “The Rivers State Police Command has made a significant breakthrough in its efforts to combat crime, neutralising a notorious cultist and kidnapper, Gbarani Bume, a.k.a. Pelele, a native of Bere Community in Khana LGA.
“He was a member of the Iceland Cult Group, which has been terrorising the Beree/Tabaa axis of Khana LGA.
“On the 15th of November 2024, operatives from the Bori Division, acting on a tip-off, were mobilised to Luawii Community where Pelele and his gang were attempting to kidnap a site engineer.
“Upon sighting the operatives, the hoodlums opened fire, resulting in a fierce crossfire, during which Pelele was fatally wounded. His accomplices escaped with various degrees of bullet wounds.
“Items recovered from the suspect include one AK-47 rifle, two magazines, and 10 rounds of live ammunition.”
She added, “An investigation is ongoing, and efforts are being intensified to apprehend the other fleeing gang members and bring them to justice.”
The state police spokesperson stated that this operation underscores the Command’s commitment to tackling crime and ensuring public safety in the state.
Nation
Cybercrime: Absence Of Legal Representation Stalls Trial Of 109 Foreigners
The planned arraignment of 109 foreigners charged with cybercrime before a Federal High Court sitting in Abuja was on Thursday stalled due to their inability to secure legal representation.
The foreigners, who are said to be citizens of China, Indonesia, Vietnam, the Philippines, Thailand, Brazil, Malaysia, and Myanmar, were recently arrested by the police in their residence at plot 1906, Cadastral Zone 807, Katampe District of Abuja, where they were said to be engaging in cybercrime by allegedly promoting “a fraudulent and unregistered gaming platform.”.
In a six-count charge, marked FHC/ABJ/CR/599/2024, filed in the name of the Inspector General of Police (IGP), the foreigners were charged with cybercrime, money laundering, and unlawfully residing in Nigeria.
When they were brought to court on Thursday, the prosecution indicated its readiness for the arraignment of the defendants.
Justice Ekerete Akpan noted that the defendants were not represented by any lawyer, a development that promoted the judge to reschedule the arraignment for November 22 to enable the foreigners to secure the services of lawyers.
It was alleged in one of the counts that they did aid, abet, conspire among themselves “to commit an offence, to wit, cybercrime, and you thereby committed an offence contrary to and punishable under Section 27(1)(b) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”
They were also alleged to have “knowingly accessed a computer and network and input, altered, deleted, or suppressed data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as if they were authentic or genuine, and you thereby commit an offence contrary to and punishable under Section 13 of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 (As Amended, 2024).”
In another count, the 109 defendants were alleged to have,
“Knowingly and without authority, you caused loss of property to persons in Nigeria and outside Nigeria when you caused the inputting and suppression of data by deceiving people to believe that the unregistered and gambling platforms they were marketing were authentic, for the purpose of conferring economic benefit on yourselves and you thereby committed an offence contrary to and punishable under section 14 (1) of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 (As Amended, 2024).”
They were said to have, with intent to defraud, “did promote via electronic messages on the internet a fraudulent and unregistered gambling platform, materially misrepresenting facts about the said fraudulent gambling platform upon which reliance, persons in Nigeria and outside Nigeria suffered enormous economic losses and you thereby commit an offence contrary to and punishable under section 14 (2) of the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 (As Amended, 2024).”
They were alleged to have removed “from Nigeria, proceeds generated from operating fraudulent and unregistered gambling platforms, namely, 9f.com, c2.top, and 8pg.top, and you thereby commit money laundering, contrary to and punishable under Section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022.”
The defendants were also accused of entering “the territory of the Federal Republic of Nigeria with a business permit of 30 days duration and failed, or neglected to leave the Nigerian territory at the expiration of the said permit and remained in Nigeria without a valid resident permit or appropriate valid visa, and you thereby contravened to Section 4(2) and punishable under Section 44(1)(c) of the Immigration Act 2015.”
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