Nation
Senate Passes Proceeds Of Crime Bill For Second Reading
The Senate, yesterday, passed the Proceeds of Crime Bill for second reading.
The Bill titled, “A Bill for an Act to provide for a comprehensive legal and institutional framework for the recovery and management of proceeds of crime or benefits derived from unlawful activities, harmonize and consolidate the legal provisions on the recovery of proceeds of crime and related matters, 2021” was sponsored by Senate Leader, Yahaya Abdullahi (Kebbi North).
Abudullahi in his lead debate noted that the country has been striving to put in place an appropriate Proceeds of Crime legislation since 2007.
He said that efforts to develop a comprehensive bill have been impeded by agency rivalry since 2011.
Abdullahi said, “Effort to sign the Proceeds of Crime Bill into law in 2019 was delayed as a result of complaints by agencies that claimed that the Bill is intended to take away their powers.
“There are many compelling reasons to put in place a comprehensive legislation on recovered assets.
“During the evaluation of Nigeria in 2007 by the International Financial Action Task Force (FATF), they observed in their report that the legal framework for the recovery and management of stolen assets in Nigeria is inadequate and do not comply with international standards.
“At the same time, due to lack of centrally managed database on recovered assets, it is difficult to track and maintain the actual number of the seized assets, their location and their value.
“There have been reported and verifiable instances over the years that showed that some recovered assets were being misused, stolen or lost.
“Further investigations have shown that some of the agencies opened multiple accounts for the payment of forfeited assets without keeping proper records.
“It was against this background that Mr. President constituted the Presidential Audit Committee on Recovery of Assets (PACRA) in 2017.
“Not surprisingly, the committee’s findings re-iterated the need for comprehensive and more innovative approach in the management of recovered assets in a transparent and accountable manner so that these assets would become a source of revenue for the country as is the case in many developing and developed countries of the world.
“Following the submission of the report of PACRA in 2018, the President directed that the following measures amongst other be put in place pending the passing of the Proceeds of Crime Bill into law.”
The measures according to him, include, “The establishment of an Asset Recovery and Management Unit in the Federal Ministry of Justice (ARMU/ FMOJ);
“The opening of a central asset recovery (final forfeiture) account and a central (interim forfeiture) account in the Central Bank of Nigeria. This is to enable the FGN track all recovered assets and the benefits derived from them;
“Use of recovered assets/funds as a source of revenue in the Appropriation Act of 2018 and in subsequent Appropriation Acts.”
He added that the reason the country always have to sign these agreements is to convince other countries that the government is focused on the development of the country with the recovered assets and that it will be accounted for in a transparent manner.
He said: “Proceed of Crime legislation is seen as one of the vital conditions to secure Nigeria’s full membership of the Financial Action Task Force (FATF).
“Nigeria’s application has remained elusive as the agencies argue to retain their powers at the expense of national interest.
“The Bill has, however, taken into account the issues raised by the LEAs in relation to their continuing engagement in civil recovery without compromising the international applicable standards in United Nations Conventions.
“It is a generally accepted that crimes, particularly those in the category of economic and financial crimes are usually committed for profit purposes.
“Asset deprivation attacks criminality through this profit motive. In the same way that starving a thriving small business of capital hampers its growth, removing assets from criminal enterprises, including terrorist organizations, kidnapping organizations and bandits who must necessarily undertake their operations with funding from individuals within or outside the country will certainly hinder and deter their illicit operations.
“A strong asset recovery measure can also disrupt the activities of these criminal organizations and reduce the level of insecurity in the country.”
The Kebbi North lawmaker added that removing unlawful assets also, “Engenders confidence in a fair and effective criminal justice system and shows that nobody is above the law.
“Removes the influence of negative role models from communities; deters people from crime by reducing the anticipated returns.
“Provides a powerful disincentive to commit crime in the first instance; prevents reinvestment in criminal activity; and disrupts organised criminal activity.”
Besides, he urged his colleagues to note that “virtually all of the processes and procedures for recovery of proceeds and instrumentalities of crime are, in accordance with international practices, properly brought under judicial oversight and will no longer be left to the whims and caprices of any agency.
“Also noteworthy are the specific statutory timelines established under the proposed enactment to ensure that the constitutional rights of the citizens are guaranteed in the implementation of the recovery processes and procedures.
“Importantly, the exigency of Nigeria having in place this all important piece of legislation cannot be over-emphasised as Nigeria to date is still deficient in meeting this outstanding obligation under Recommendation 4 on Confiscation and Provisional Measures of the FATF Recommendations adopted by the FATF Plenary in February, 2012 and updated in June 2019.
“This FATF Recommendation requires countries to establish mechanisms that will enable their competent authorities to effectively manage and where necessary, dispose of property that is frozen, or seized or has been confiscated and requiring that the mechanisms to be established should be applicable both in the context of domestic proceedings and requests to and by foreign countries.”
Senators in their contributions supported the Bill and approved that it be read a second time when it was put to voice vote by Senate President, Dr Ahmad Lawan, at plenary.
Lawan thereafter referred the Bill to the Senate Committee on Judiciary, Human Rights and Legal Matters for further legislative work and to report back in two weeks.
Nation
UNIZIK Lecturers Protest Non-Payment Of Salaries For Five Years
About 1,000 lecturers of the Nnamdi Azikiwe University, Awka have protested non-payment of their salaries after five years of employment.
The protesting lecturers said a total of 12 of their colleagues, who were employed at the same period have died while waiting to be paid their emoluments.
Wielding placards with inscriptions to tell their stories, the lecturers appealed for payment of their salaries, saying that the current economic hardship in the country bites more on them and their families.
One of the affected lecturers, Mr Ibezim Echezona, said, “Our members are dying and we have buried 12 members so far, the last one was this year and this is someone that we saw last December and today she is no more and that is to tell you what we are going through due to non payment of our salaries for five to six years now.
“This problem is in the hands of the university because the IPPIS is no more. We demand an explanation. They should tell us if it is Abuja or the school management that is holding our salaries.”
Another staff who works at the Center for Disabilities And Special Needs Research, Mr Chukwuebuka Emmanuel said since his employment in 2019, he has not received any remuneration, yet he has been delivering services.
Emmanuel, a blind staff said: “We were employed since 2019 and till date we have not received any salary and initially we were told that the problem is with the Integrated Payment and Personnel Information System IPPIS. Later the then Governing Council came on board and approved our payments and capturing, yet nothing came out of it.
“This has been affecting us generally not to talk of people with disabilities and it has not been easy as a family man taking care of his wife and children.
“If I remove my spectacle you can see that I am crying and we are owing our landlords and there is a limit at which the landlord can assist you and what do I tell my children when they demand school fees and other needs?
“We do not know those that are holding our salaries we do not know if it is the Federal government or the Ministry of Education or the University,” he said.
Nation
50% Telecom Tariff Hike: NLC Fixes Date For Nationwide Protest
Nigerian workers have announced February 4, 2025, as the date to embark on a nationwide protest against the 50 percent telecommunications services tariff hike in the country.
The Nigerian Labour Congress, NLC, disclosed this in a statement yesterday.
This comes as the Nigerian Communications Commission on January 20, 2025, announced the approval for telecom companies to hike services tariffs by 50 percent.
The approval has sparked a wide tide of rejection by Nigerians, including the NLC.
In an update to press home their opposition against the telecom tariff hike, the NLC vowed to shut down the country through a nationwide protest.
This is part of its mobilisation against the planned 50 percent telecom tariff hike.
The Tide’s source noted that the nationwide protest was agreed on at the National Admini-strative Council, NAC, of the labour union.
The protest aims at sounding a note of warning to the government that workers would resist the planned hike as it would worsen the poverty level across the country.
Recall that NLC had, on January 22, rejected the 50 percent telecommunication tariffs hike approved by the Federal Government through the Nigerian Communications Commission, NCC.
The NLC said that the 50 percent tariff hike approval, at a time Nigerian workers and the masses are grappling with unprecedented economic hardship, is a clear assault on their welfare and an abandonment of the people to corporate fat cats.
“This decision, coming at a time when Nigerian workers and the masses are grappling with unprecedented economic hardship, is a clear assault on their welfare and an abandonment of the people to corporate fat cats,” the statement by NLC president, Joe Ajaero partly reads.
Earlier, Nigerians under the aegis of the National Association of Telecoms Subscribers vowed to drag the Nigerian government and telcos to court over the 50 percent telecoms service tariff hike.
Meanwhile, the government had repeatedly justified the latest telecom tariff hike on rising inflation which stood at 34.80 percent in December.
Nation
EFCC Vs Yahaya Bello: Court Adjourns To April 3 As First Witness Testifies
The Federal Capital Territory High Court, yesterday, adjourned the trial in the alleged money laundering case against the immediate past Governor of Kogi State, Yahaya Bello, to Apriil 3, 24 and May 6, 2024.
Justice Maryann Anenih adjourned the case for continuation of hearing after the first witness, Fabian Nworah, a property developer, was called to testify.
When the matter was called for hearing, the Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses to call for the day. However, Justice Maryann Anenih said she could only take one witness, as she had other matters lined up.
The court also announced that it would not be sitting tomorrow (Thursday) as previously scheduled.
Counsel for the 1st and 2nd Defendants, Joseph Daudu, SAN, however, informed the court that the prosecution had not made the statements on oath of the 2nd Defendant available to the defense team.
He said he was aware that the 1st Defendant had not made any statement yet.
Daudu, SAN, also objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were only seeing him in court for the first time.
Citing authorities, he emphasized that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defense could adequately prepare for cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.
“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.
“I understand the first defendant has not made a statement. Fortunately, we are still within the housekeeping stage of the proceeding,” he added.
Corroborating this, Counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “Mine is not a comment but an observation, my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”
When the judge asked if he had previously requested the statements, Aliyu SAN said he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.
He stated, “I am also applying that the court order the prosecution to provide us with copies of the recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert, if any.
“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Comm of Police.”
The Prosecution, however, disagreed, saying the Defendants were trying to delay the speedy trial.
He insisted that the proof of evidence had been served on the defendants on November 27.
“The constitutional provision, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.
“The law only provides that the prosecution should oblige the defense with all the documents requested for,” Pinheiro argued.
He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed with the business for the day.
“As it is, we have almost utilized more than an hour on these arguments,” he stated.
The judge asked the Defendant’s Counsel why he did not raise the issues in December.
Daudu SAN replied that it was because it had to be done after arraignment.
“I have applied and they are not obliging me. It is absolutely necessary for our defense,” Counsel for the 3rd Defendant said.
The judge, however, declined the application for adjournment and directed the prosecution to proceed with the case.
The Prosecution then proceeded to call its first witness, Fabian Nwora, a property developer with Efab Property Nigeria Limited.
Nwora testified that he was invited to the Economic and Financial Crimes Commission (EFCC) on February 8, 2023, regarding a transaction between Shehu Bello and EFAB Property concerning a property located at No. 1 Ikogosi Street, Maitama.
However, throughout his submission in court on Wednesday, he didn’t mention the name of former Governor Yahaya Bello.
He stated that he sold the said property to Shehu Bello but observed that the name on the sale agreement was Dr. Bello Ohiani, not Shehu Bello.
He said, in 2023, Shehu Bello approached EFAB Property, informing them that the property was under investigation by the EFCC. He returned all documents related to the purchase and demanded a refund of the N550 million that was paid.
Subsequently, he said, EFAB Property was invited by the EFCC to explain what transpired between them and Shehu Bello. The EFCC instructed the company to refund the entire sum to an EFCC-designated account. EFAB Property complied in two batches.
Since then, Nwora said he had not had any contact with Shehu Bello or Dr. Bello Ohiani until December 2024, when the EFCC summoned them to court to testify as witnesses in the case related to their transaction with Shehu Bello.
The court, after listening to the witness, adjourned the case to 3rd and 24th April and 6th May, 2025, for continuation of hearing.
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