Opinion
Between EFCC, Obla, SAN and the law
As the trial of Hon Justice Rita Ajumogobia and Godwin Obla SAN before the Federal High Court, Lagos continued on Monday 24th June 2019.
At the proceedings, Justice Ajumogobia’s Counsel, Robert Clarke SAN drew the court’s attention to the 1st Defendant’s pending preliminary objection which challenges the jurisdiction of the Court to entertain the charge, on the ground that Justice Ajumogobia remains a Judge of the Federal High Court. Clarke emphasized that no official gazette has been released by the office of the president which shows that the President has accepted the recommendation of the National Judicial Council to remove Mrs Ajumogobia from office as a judge.
Again, Clarke drew the court’s attention to the fact that the letter relied on by the prosecution in proof of its claim that the President had approved the removal of Ajumogobia bore the inscription ‘Restricted’ which, he argued, presupposes that the document is not a public document that can be relied on by third parties or which can be tendered in court. He relied on the case of Governor of Ekiti State v Ojo (2006) 17 All FWLR (Pr 331) pg. 126 as well as the provisions of Section 103 of the Evidence Act.
Chief Clarke submitted in conclusion that, there being no gazette showing the fact of the removal of Hon Justice Ajumogobia as a Judge of the Federal High Court, the court before which the current charge has been filed is bound by the decision of the Court of Appeal in the case of Nganjiwa V FRN- where it was held that no court has the jurisdiction to entertain a criminal matter against a serving judicial officer in relation to an allegation of misconduct occurring in the course of judicial functions, until such an officer has been disciplined and removed from office.
Consequently, Clarke SAN urged the court to decline to exercise jurisdiction over Hon Justice Ajumogobia in respect of the Charge filed by the EFCC.
On the part of the 2nd Defendant (Godwin Obla (SAN) who was represented by Ifedayo Adedipe (SAN) and Ferdinand Orbih (SAN), the attention of the court was drawn to an application seeking the quashing of counts 1,2 and 3 of the charge or, in the alternative, an order allowing his separate trial on the said Counts of the charge.
Adedipe SAN submitted before the court that, after almost 3 years of trial at the Lagos State High Court during which the prosecution called 14 witnesses and after which Obla SAN filed a no case submission, the Lagos State High Court, agreeing with Rotimi Oyedepo for the prosecution that it lacked jurisdiction over Hon Justice Ajumogobia, struck out the charge without ruling on Obla SAN’s no case submission.
Adedipe further argued that immediately that ruling was delivered by the Lagos High Court, Obla filed an appeal at the court of appeal, Lagos division, seeking an order discharging and acquitting him.
In his view, the action of the prosecuting counsel in filing yet another charge before the federal high court on the same set of facts and evidence in the charge before the Lagos high court (which is now the subject of Obla’s Appeal) amounts to a gross abuse of court process and a clear case of persecution against Obla, both of which ought to be resisted by the federal high court.
Adedipe also submitted that Obla’s application for the severance of the charge was to ensure the expeditious disposal of the trial, as opposed to the situation allegedly orchestrated by the prosecution at the Lagos High Court which saw the trial span a period of almost 3 years, at great expense and inconvenience to the 2nd Defendant and his Counsel.
Nigerian pilot law recalled that Chief Obla,SAN, had made a similar application for the separation of his trial to the Lagos High Court during his trial before that Court, in which he argued that not being a judicial officer, he was not bound by the challenge to the court’s jurisdiction raised by Justice Ajumogobia and so should be allowed to stand trial separately and quickly.
Curiously, the prosecution which filed that charge, led by Rotimi Oyedepo, vehemently opposed this application and instead urged the Lagos court to strike out the charge against both Ajumogobia and Obla and to discharge them. This, according to Adedipe, is one of the grounds on which Obla’s appeal rests and also forms the basis of the application to the Federal High Court, in view of the need to avoid a repeat of the unnecessary delays witnessed during the preceding trial.
In his response, Rotimi Oyedepo for the prosecution contended that the EFCC has the liberty to file charges against Obla (or anyone for that matter) on the same set of facts before separate courts and that such an action would not amount to an abuse of court process.
Oyedepo also argued that even if it could be assumed that the court of appeal discharges Obla on the allegations brought at the Lagos high court, that would not affect the validity of the charge before the federal high court because “the charges are different”.
This difference, according to him, stems from the fact that the charge at the Lagos court was brought under Lagos law, while the fresh charge filed at the federal high court was brought pursuant to the Money Laundering (Prohibition) Act.
He relied on the decision of the Court of Appeal in the case of FRN v Ogunbodede in submitting that separate charges could be filed against the same person on the same set of facts before separate courts- one charge for the predicate offence and another for the money laundering allegation.
Oyedepo then suggested that the application for separate trial filed by Obla SAN was speculative and prejudicial to the EFCC which, according to him, would be required to call witnesses in more than one trial if the severance of the charge is permitted.
In his view, this could also cause more delays for the trial.
He then appeared to suggest that, but for the applications filed by the defendants, the trial would have commenced – this implying that the defendants were attempting to delay the trial.
The Court however reminded him that on the last adjourned date (23rd May 2019), Clarke SAN was ready to argue his preliminary objection but that it was infact the prosecution counsel that urged the court to adjourn the proceedings.
Consequently, it would seem that the allegation that the defendants are seeking to delay the trial is a contrivance on the part of the prosecution, perhaps to fit into the common EFCC narrative that delays in criminal trials are often the handiwork of the defense, and not the fault of the agency.
Adedipe SAN, in his response on points of law to the above arguments of the prosecution, denounced Oyedepo’s argument to the effect that separate charges could be filed on the same facts against the same defendant before different courts and described it as “dangerous” and as an act of forum shopping.
According to him, if the EFCC is allowed the liberty of filing separate charges on the same facts against the same person, the court will be going against the injunction of the Supreme Court that no person should be the subject of persecution by agencies of the state, as was held by Uwais JSC (as he then was) in the case of EDET V STATE (1988) LPELR-1008 (SC) Pp. 18-19.
He stressed that the court ought to frown at such an action and should not hesitate to deprecate it where it occurs.
In Adedipe’s view also, it is the EFCC that stalled the expeditious trial of Obla SAN, and not the other way round.
According to him, Obla has always made himself available to stand trial and even applied to be tried separately on the four counts of the 31-count charge filed at the Lagos high court which affected him, to allow for the trial of Mrs Ajumogobia on the remaining 27 counts of that Charge.
The EFCC it was which resisted that application, as is the case even before the Federal high court where the EFCC is opposing Obla’s application for his separate trial on Counts 1,2 and 3 of the 18-count charge which affect him alone.
After hearing the parties, the court adjourned the ruling on both Ajumogobia and Obla’s application to Friday 28 June 2019.
Adedipe subsequently moved an application to allow for the variation of Obla’s bail conditions. This application, having not been objected to by the prosecution, was granted by the Judge.
The proceedings now stand adjourned till( tomorrow)Friday 28th June 2019 for ruling on the pending applications.
Opinion
Aisha Yesufu Reacts to Soldiers’ Frustration Over Presidential Rewards to D’Tigress, Super Falcons

By: Fabian Apechihin
Political activist Aisha Yesufu has raised concerns about growing discontent within the Nigerian military, following the federal government’s generous cash gifts to national female sports teams.
In a social media post, Yesufu disclosed that several soldiers had privately voiced frustration over what they perceive as the government’s continued neglect of their welfare, particularly when compared to the lavish rewards given to the Super Falcons and D’Tigress.
“I’ve seen a number of soldiers complaining about the $100,000 gift awarded to both the female football and basketball teams,” Yesufu wrote.
She directed her criticism at the National Security Adviser, Nuhu Ribadu, questioning whether any effort had been made to ensure President Bola Tinubu—whom she described as having “rigged office to become Commander-in-Chief”—had personally engaged with troops or taken steps to uplift their morale.
“Has Nuhu Ribadu thought it fit to ensure Mr. Tinubu speaks to the soldiers, visits them, or even sends a message to give them a reason not to feel disillusioned?” she asked.
Yesufu warned that continued neglect of the military’s welfare could have serious consequences for national security, suggesting that low morale could lead to dangerous outcomes, including potential sabotage from within.
On Monday, President Tinubu hosted the victorious D’Tigress team at the State House, rewarding each of the 12 players with $100,000 and the technical crew with $50,000. The team had recently claimed their fifth consecutive title at the 2025 FIBA Women’s AfroBasket Championship in Abidjan, Côte d’Ivoire.
Similarly, the President rewarded members of the Super Falcons with $100,000 and three-bedroom apartments each for winning the Women’s Africa Cup of Nations (WAFCON). Technical staff were given $50,000, and all players were also conferred with the national honour of the Order of the Niger (OON).
However, many Nigerian soldiers have taken to social media to express outrage, pointing out the stark contrast between the treatment of athletes and military personnel. They highlighted the dangers they face daily, often earning less than ₦100,000 per month, with some dying in combat just weeks after enlisting.
“Where did Nigerian soldiers go wrong?” one soldier asked online. “The Falcons played for one month and got ₦150 million and apartments. Meanwhile, some of us earn less than ₦100k, and senators take home more in a month than we will earn in 35 years.”
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Crime
The Arrested Benue 53: Critical Reflections

By: Fabian Apechihin
For law-abiding Nigerians, there is some consolation in the announcement by Inspector-General of Police (IGP) Kayode Egbetokun that 53 individuals have been arrested in connection with acts of terrorism in Benue and Plateau States. Yet, this development raises more questions than it answers. It is telling—and troubling—that the Nigeria Police Force only sprang into action after President Bola Tinubu publicly demanded accountability during a visit to Benue, where over 200 people had been killed.
At Yelwata, the President pointedly asked the IGP, “Where are the arrests?” and insisted that “criminals must be arrested immediately.” Other security agencies were also indirectly rebuked and urged to enhance their intelligence-gathering and operational strategies to prevent future atrocities.
While Tinubu is the commander-in-chief, it is not his role to micromanage the police or military. He has broader responsibilities and should be able to rely on professionals to carry out their duties proactively. It is disheartening that law enforcement agencies, despite being constitutionally empowered and adequately resourced, waited for a presidential directive to act.
The Police Act clearly mandates the Force to prevent and detect crime, apprehend offenders, and maintain public order. That this mandate needed reinforcement from the President reveals an institutional failure. Still, now that some arrests have been made, Nigerians hope this isn’t just a performative gesture. The arrests must lead to thorough investigations and fair prosecutions—without scapegoating the innocent for the sake of optics.
Unfortunately, public confidence in the security apparatus is already worn thin. In January 2024, coordinated attacks in Bokkos and Barkin Ladi LGAs of Plateau State left over 150 dead—despite the presence of ‘Operation Safe Haven.’ No arrests were announced, perhaps because no high-level order demanded them.
Several past incidents feed into this scepticism:
- Lack of Political Will: Successive administrations have not decisively tackled terrorism. Statements condemning attacks are often vague or contradictory, and concrete action is rare.
- Unresolved Cases: After the June 2022 massacre of 40 worshippers at a Catholic church in Owo, the then Chief of Defence Staff claimed five suspects were arrested. But they were never presented to the public, and the case quietly faded from public discourse.
- Terror Financing: In March 2024, the federal government named 15 individuals as terrorism financiers. The law is clear on their prosecution, yet there’s been little public follow-up or accountability.
- Flawed Reintegration Programme: Rather than facing justice, many self-proclaimed repentant terrorists are admitted into the government’s ‘Operation Safe Corridor’ for rehabilitation. Over 800 such individuals have reportedly been processed, with some later reoffending or causing unrest in their communities, as lamented by 59 Borno district heads in April 2024.
- Complicity Within the System: Several leaders, including the Plateau and Borno State governors, have acknowledged the presence of informants and collaborators within the military, political circles, and even local communities. The current Chief of Defence Staff, General Christopher Musa, also suspects insider collusion in the pattern of attacks. The Tor Tiv, James Ayatse, described the Benue killings as a “calculated, full-scale genocidal invasion,” and Pope Leo IV called it “a terrible massacre.”
- Failed Negotiations: States like Kaduna and Katsina previously attempted to negotiate and pay off terrorists, only to face betrayal. While Northwest governors now claim they’ll refuse further negotiations, fulfilling that commitment may prove difficult given persistent infiltration and internal sabotage.
Terrorists are not invisible. They move in convoys, seize military installations, and even occupy towns—all in plain sight. With the technology and intelligence available today, their whereabouts should not be a mystery.
According to civil society reports, over 2,400 people were killed and nearly 1,900 kidnapped in just the first eight months of the Tinubu administration. Adding the more recent killings in Plateau, Benue, and other regions, the death toll is now in the thousands.
Nigeria is facing a grave existential threat. Yet, there seems to be a disturbing complacency among those entrusted with the nation’s security. Given the strong promises in the ‘Renewed Hope’ manifesto, the Tinubu government must do more than offer rhetoric. It must act.
The perpetrators of the Yelwata massacre—and others across the country—must be swiftly and transparently prosecuted under the Terrorism (Prevention) Act. Anything less will only reinforce the pattern of impunity that has plagued the country for years. Real accountability will send a message to terrorists—and reassure Nigerians that the cycle of inaction ends here.
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Opinion
The Changing Trajectory Of Governor Zulum’s Development Initiatives In Southern Borno

By: A G Abubakar
The last outing by HE Professor Babagana Umara Zulum to Biu in Southern Borno, where multiple capital projects were either commissioned or initiated, signified a strategic shift towards inclusion and fair play. It was a masterstroke that had the potential to engender unity and balanced development in the region. This is aside improving the deteriorating political and ethno-religious relations and the concomitant mass discontent in the affected zone(s). Kudos to His Excellency!
The citizens’ hunger for development should be seen as a legitimate aspiration. And, meeting such expectations (reasonably) should naturally be the guiding principles of governance that successive administrations in the state seemed to have jettisoned. A development that has since created a feeling of distrust between the government and the governed in the zone. The people believe, and rightly too, that they have no other polity to call their own apart from Borno State and, as such, deserve to be treated fairly in its affairs.
Professor Zulum may be a “new convert” to this noble philosophy but he seems to have his hands on the right handles going by the strategic nature of the dividends of democracy (infrastructure) his government is extending across parts of the Borno South. And, the Professor-Governor seems to be doing this, not only with the needed expediency but in style too.
The governor inaugurated (commissioned) “a state-of-the-art eye and dental hospital as well as a mega secondary school in Miringa-Biu, Biu LGA” of the state. The eye hospital is a 40-bed ophthalmological care centre. “Similarly, the dental hospital will provide comprehensive oral health services including preventive care, orthodontics, and restorative treatments.” The Mega school in Miringa has the capacity to accommodate 1,300 students students. The school consists of 60 classrooms, 4 laboratories, and an ICT centre.
Apart from the executed projects in Biu, His Excellency ordered the construction of 5 new hospitals in the state, with two coming to Askira and Uba towns in Southern Borno. The others are Gubio, Mafa, and Dikwa. To boost MSMEs in the zone, the governor launched a billion naira (N1 billion) support fund for the initiative. Governor Zulum equally laid the foundation for the construction of 600 housing units across Biu, Hawul (Borno South),Gubio, and Magumeri, with a view to addressing the housing deficits in these communities.
Not long ago, the governor was at the forefront at saving the Nigeria Army University (NAUB), Biu. His administration equally facilitated the take-off of the Federation College of Education, Gwoza, as well as that of the Federal Orthopaedic Centre in Azare, Hawul LGA.
It is common knowledge that governance is about the management of aggregate interests. Interests that may, at times, be even conflicting. It is also about inclusion and equity.
For long, the powers that be in Borno have been perceived as lacking in terms of the sense of proportion, especially in the distribution of capital infrastructure across the state’s constituent parts. For nearly two decades, capital projects have been domiciled in Maiduguri, the seat of government.
Mega schools, tertiary institutions, hospitals, urban renewable schemes (overhead bridges, mass transit systems, etc), support to MSMEs, have all been concentrated in Maiduguri.Thus, turning the polity into a one city-state that left the northern and southern Borno enclaves out. The former is due to the Boko Haram/ISWAP insurgency campaigns in the region, while the latter may not be unconnected with Nigeria’s zero-sum geopolitics underpinned by the tyranny of number.
The state of things, however, seems to be changing for the good of all. Governance is becoming more responsive by exhibiting some modicum of fairness in state craftsmanship.The people need to reciprocate the positive gesture. Trust is crucial in governance, though it has to be earned. The recent action by the government also needs to be sustained in order to maintain public trust.
Like Oliver Twist, the central character in Charles Dickens’ seminal work (1838) of the same title, the people are yearning for more. They wish to remind the Borno State government that the Biu Dam is still uncompleted after almost 40 years! The Damboa to Biu highway, as well as the Damaturu-Biu- Garkida road, need the government’s intervention, too. The poor state of the roads have rendered large chunks of the state a safe haven for Boko Haram/ISWAP. Mobility is a critical factor in prosecuting wars and in securing public support as well.
Apart from the major highways, the Borno State government initiated a rural road development programme to boost economic activities, especially agriculture and commerce. Gunda communities in Biu LGAs and some others in Chibok, Askira/Uba, etc, were identified, and work commenced. Two years down the line, nothing has been done, leaving the affected communities frustrated as they see their hopes gradually getting dashed. For some inexplicable reasons, the Miringa-Garubula-Gunda, feeder road with a possible extension to the border towns of Galabinda and Tattaba, basically remains abandoned.
The State College of Agriculture, Damboa, is still being housed in Maiduguri, the state capital. Attempts should be made to move it to its permanent site after almost three decades. Not forgetting the need to facilitate the return of thousands of Borno citizens pushed into refugee camps in neighbouring Cameroon and Niger.The government’s credibility is at stake with regard to these issues.
The people of Borno South salute the governor, His Excellency, Professor Zulum, for the commendable paradigm shift. May it be a sustainable one.
A.G.Abubakar agbarewa@gmail.com
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