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Can the fresh charges by EFCC filed against Obla, SAN stand in law?
A Senior Advocate of Nigeria (SAN) Godwin Obla has filed an application before Justice Rilwan Aikawa of the Federal High Court in Lagos seeking to be tried separately in the charge filed against him and Justice Rita Ofili-Ajumogobia.
The Economic and Financial Crimes Commission (EFCC) charged both for money laundering, to which they pleaded not guilty.
Obla was a former EFCC prosecutor for several years; he represented the commission in several asset recovery proceedings and is presently suing EFCC over non-payment for services rendered.
The SAN is praying the court to quash the charge numbered FHC/139C/19 for being an abuse of court process.
Alternatively, he is praying the court to separate trial, contending that only counts 1, 2 and 3 of the 18-count charge affect him.
Obla’s counsel Chief Ferdinand Orbih (SAN) urged the court to hear his client’s application before proceeding with the trial.
He argued that the application was not challenging the charge’s validity, and therefore does ot fall within the contemplation of Section 396 of the Administration of Criminal Justice Act (ACJA).
The section provides that a ruling on an application challenging the validity of a charge shall be at the end of trial.
“The application is not a challenge to the validity of the charge, but a challenge to the use the charge is being put, hence our contention that it is an abuse.
“The second defendant (Obla) has put in materials to show that the matter is on appeal. It is an issue that should be determined first.
“This application is peculiar. We’re saying that the use of the process of court is abusive and oppressive having regard to the appeal.
“The second defendant is also asking for a separate trial, which cannot be determined at the end of trial. We urge the court to grant the adjournment so that issues can be properly joined,” he said.
Obla’s application is premised on the fact that an appeal is currently pending at the Court of Appeal, Lagos Division on the outcome of a previous trial at the Lagos State High Court.
According to him, it is respect of the same subject matter as the charge now before the Federal High Court.
In a Motion on Notice filed by Obla’s other counsel Chief Ifedayo Adedipe (SAN), he urged the court to quash the charge or in the alternative split the charge by permitting his separate trial on counts 1, 2 and 3.
The application is on the ground that there is a pending notice of appeal dated and filed on April 16 against the Lagos High Court decision.
The notice of appeal, according to Adedipe, was served on the EFCC on the same day, but the commission filed the charge on April 17.
Adedipe submitted that continuing with Obla’s trial during the pendency of his appeal would be an abuse of court process.
“Counts 1, 2 and 3 of the charge before the court are in respect of the exact same subject-matter of counts 1, 2, 3 and 4 of the amended information filed at the Lagos State High Court in charge no: ID/3671c/16 and form the substance of the subject matter of the second defendant/applicant’s pending appeal in appeal no: CA/LAG/CR/517/2019,” he said.
Adedipe argued that continuing with Obla’s trial at the Federal High Court on the same-subject matter as his pending appeal is calculated to overreach him in the prosecution of his appeal and to render its outcome worthless.
EFCC had previously tried Justice Ofili-Ajumogobia and Obla before Justice Hakeem Oshodi of the Lagos State High Court, Ikeja, on a 31-count amended information dated February 21, 2018.
The prosecution had initially arraigned the defendants on 30-count information filed on November 17, 2016.
During the trial, EFCC called 14 witnesses and eventually closed its case on September 14, 2018.
Obla filed a no-case submission on the same date seeking an order of acquittal on the ground that the prosecution did not provide sufficient case to warrant a defence.
Justice Ofili-Ajumogobia challenged the court’s jurisdiction on the ground that, being a judicial officer and by virtue of the judgment of the Court of Appeal in the case of Nganjiwa V FRN (delivered on December 11, 2017), the charge against her could not have been filed until after disciplinary action had been taken against her by the National Judicial Council (NJC).
EFCC’s Counsel, Rotimi Oyedepo agreed that the court lacked jurisdiction to entertain the charge.
“In urging your Lordship to strike out the charge, we concede…in view of the fact that the decision in Nganjiwa’s case is still the law,” he said.
On April 16, Justice Oshodi struck out the 31-count charge on the grounds that the court lacked jurisdiction to hear the suit.
The judge ruled that based on the judicial precedent set by the case of Justice Nganjiwa Vs FRN, the EFCC had “jumped the gun” in filing the first amended charge.
Justice Oshodi noted that the anti-graft commission had not followed NJC procedures in disciplining erring judicial officers.
The judge added: “One would have thought that the prosecution would have urged the court to strike out the case as a consequence of the decision of the Court of Appeal. But no! The prosecution still persisted, like a bull running amok, amended the Information and called two further witnesses.
“It ought to be pointed out for record purpose that a counsel is a minister in the temple of justice and as an officer of the court, a counsel has a duty to assist the court rather than mislead it.”
Meanwhile, Obla sued the EFCC before the Justice V.B. Ashi of the High Court of the FCT.
He is praying for outstanding professional fees owed to him by the commission over the period of five years to the tune of N685,389,928.10.
The SAN contended that for the five years he was prosecuting for the EFCC, he consistently moved from one courtroom to the other prosecuting corruption-related cases for the EFCC and obtaining the forfeiture of cash and assets running into several billions of Naira.
Obla claims that EFCC has not only refused to pay his professional fees and settle his expenses for the over 40 cases he successfully handled for the commission.
He claimed that as soon as a new leadership was appointed to head the anti-graft agency, the table turned and he became the hunted.
According to him, he was severally invited over his perceived role in the Halliburton case, for which he was appointed by the former Attorney General Federation and Minister of Justice, Mohammed Bello Adoke (SAN).
He said he was part of a legal team that negotiated the plea bargain agreements with the companies involved in the scandal, which culminated in the recovery of the sum of $200 million for the Federal Government.
News
Court fixes August 27 for hearing in Benue APC candidates’ suit
A Federal High Court in Abuja has fixed August 27 for definite hearing in a suit filed by aggrieved members of the Benue State chapter of the All Progressives Congress (APC), who are challenging their alleged substitution as validly nominated candidates for the 2027 general election.
Justice Inyang Ekwo adjourned the matter at the instance of counsel to the plaintiffs, Mohammed Ndarani (SAN), who sought time to respond to a preliminary objection filed by the APC, the first defendant, challenging the court’s jurisdiction to hear the suit.
Justice Ekwo directed counsel for the parties to file and exchange their processes before the next adjourned date, warning that any counsel who failed to do so would be personalized.
Matthew Burka appeared for the APC, while the Independent National Electoral Commission (INEC), the second defendant, was represented by Oluwole Olukunle.
The adjournment followed an earlier order by the court directing the APC and INEC to maintain the status quo in the dispute over candidates who emerged from the party’s Benue State primaries.
The order was made last Thursday during proceedings in Suit No. FHC/ABJ/CS/1429/2026, filed by Engr. Sesugh kaaba and other aggrieved APC candidates from Benue State against the party and the electoral commission.
The plaintiffs, through an ex parte motion filed on July 5, sought six interim reliefs, including an order restraining the APC from substituting its validly nominated candidates through a June 29 correspondence to INEC, or any subsequent communication, pending determination of the substantive suit. They also asked the court to compel the APC to transmit to INEC the names of candidates validly nominated during primaries monitored by the commission.
When the matter first came up on July 8, the court declined to grant the interim application immediately, directing the APC and INEC to appear and respond before any ruling. The matter was adjourned to July 16.
At Thursday’s proceedings, counsel for the APC and INEC were in court, while the plaintiffs were represented by Ndarani and his legal team.
Ruling on the application, Justice Ekwo held that since issues had been joined by the parties — particularly with INEC now before the court the defendants were bound by law to preserve the subject matter of the litigation pending determination of the suit. When plaintiffs’ counsel urged the court to caution the APC and INEC against any action affecting the disputed list of candidates, the judge said it was “not a matter of advice but of law,” stressing that the defendants were bound to maintain the status quo.
The court accordingly restrained the APC and INEC from taking any action capable of altering the disputed list of candidates pending the hearing and determination of the substantive suit. The defendants did not object to the restraining order.
At the commencement of proceedings, the court noted that all parties had voluntarily submitted to its jurisdiction by filing and exchanging their respective processes, and held that there was no procedural or jurisdictional impediment to an expeditious determination of the case. It directed that the matter be heard without further delay.
In furtherance of preserving the res and safeguarding the judicial process, the court ordered all parties to maintain the status quo pending final determination of the suit, restraining any act capable of prejudicing the rights of the parties or rendering the proceedings nugatory. It further directed that INEC be served forthwith with the originating and all consequential processes.
The effect of the subsisting order is that INEC is restrained from tampering with the existing list of candidates and from receiving, recognising, or acting on any purported substituted list of National Assembly candidates from Benue State submitted by the APC.
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CONGRATULATION TO HON. GINIKA FLORENCE TOR ON HER APPOINTMENT AS FEDERAL COMMISSIONER, NATIONAL SALARIES, INCOMES AND WAGES COMMISSION
I, Amb. Tonye Sylvester Iyade, extend my warmest congratulations to Hon. Ginika Florence Tor on her well-deserved appointment as a Federal Commissioner of the National Salaries, Incomes and Wages Commission by His Excellency, President Bola Ahmed Tinubu, GCFR.
This prestigious appointment is a clear recognition of Hon. Ginika Florence Tor’s years of dedicated service, unwavering loyalty, competence, and commitment to nation-building. Her appointment reflects the confidence reposed in her ability to contribute meaningfully to the advancement of the Commission’s mandate and the continued progress of our dear nation.
I also wish to express my profound appreciation to President Bola Ahmed Tinubu, GCFR.for this thoughtful appointment. It is yet another demonstration that the President values commitment, hard work, capacity, and those who have remained steadfast in supporting and advancing the ideals of the Renewed Hope Agenda. By appointing capable and experienced individuals into strategic positions, the President continues to reinforce his administration’s commitment to good governance, merit, and effective service delivery.
There is no doubt that Hon. Ginika Florence Tor possesses the experience, character, and leadership qualities required to excel in this important national assignment. I am confident that she will discharge her responsibilities with integrity, professionalism, and dedication, while contributing significantly to the realization of the Renewed Hope vision of the Tinubu administration.
As she assumes this important office, I pray that Almighty God grants her wisdom, strength, sound health, and divine guidance to serve Nigeria with excellence and leave behind a legacy of impactful service.
Congratulations once again, Hon. Ginika Florence Tor, on this remarkable and well-deserved appointment. I wish you a successful and rewarding tenure in service to our great nation.
Signed:
Amb. Tonye Sylvester Iyade
News
Borno Deputy Governorship: Shealting The Swords , Healing The Wounds.
BY: Inuwa Bwala.
Given the role of a Deputy Governor, it is rather an anathrma to campaign, seeking to be chosen, as a deputy governorship candidate.
Changing dynamics have however seen to the emergence of individuals, openly campaigningy , to be so chosen.
It is a truism that, the choice is the prerogative of the governorship candidate, to nominate someone, he or she feels he or she can blend well.
The case in Borno for the oncoming elections, presents a case study, of people doing things wrongly and expect to alter a long standing narrative.
In the last few days, since Ali Abdullahi, was chosen as the runningmate to Engineer Mustapha Gubio, the polity seems to be getting charged.
I have tried to jaxtapose argumentson the appropriateness or lack of it, in the choice of Ali Abdullahi, as the deputy Governorship candidate of the All Progresdives Congress, APC, in Borno state.
While some justify the choice, others were not too comfortable with it.
To many, there was no sufficient consultations, with critical stakeholders, before the choice was made public.
To others, the candidate was picked from outside the traditional political circle, and yet to others, he is not conversant with the ways of the people, having been born and bred outside the enviroment.
I understand others even feel that the choice negates the expectations of frontrunners in the campaigns, with some people even developing a sense of entitlement, in way.
In as much as everybody os granted the right to aspire, it has never been the norm to consult everybody before a deputy governorship candidate is chosen.
It is normal to try selling the idea, but it is not a must, that the evrntual choice must be someone others feel must be the one.
No matter how anyone feels, there are rooms for a rhendezvous of interests, in a party that controls the government.
And given our peculiar circumstances in Borno, we have to give it to the candidate, to nominate somebody he feels he could blend with, effectively.
That most of the arguments did not center on competence, capacity or value addition of the deputy governorship candidate, leave room for one to surmise that, the conventional practice, rrlies more on atributes, above interest.
I would rather, those who feel slighted to reminiscence, on Ali Abdullahi’s past performances, and not the lack of patronage, or political convenience, on their sides.
The Task Ahead, presupposes that, while Borno is still smarting from years of insecurity, we do not enjoy the luxury of internal political bickerings, which could cause dislocations and possible going into the elections as a divided house.
It is a truism that we need a deputy governor, with requisite administrative experience and technical capacity, to fully compliment the efforts of Engineer Mustapha Gubio, so that together they can hit the ground running reminisceint of the Governor Zulum era. A curious look into Ali Abdullahi’s pedigree, shows that, he brings that capacity, in the same fashion that he demonstrated at SEMA. I have no doubt at the back of my mind, that both governor Zulum and our governorship candidate, Mustapha Gubio, are passionate about the continuity of the Zulum Agenda, hence the choice of Ali SEMA, as he is popularly known.
Taking into consideration the need to live up to the expectations of the people, especially on the need to rebuild Borno, they may have considered changing the course midstream may tend to slow us down.
I know as a matter of fact, that, Ali Abdullahi has been aligned to Zulum’s vision of service, integrity, and results, for a long time.
That the governor has gone out of his way in trying to placate those who may have nursed the ambition of being the ones to be considwred, points to the fact that, the Gubio/Abdullahi ticket was chosen to unite us, not divide us.
I am sure the Governor values every zone, every elder, and every stakeholder, and never intended to shut out anybody. We may recall, that, similar skepticism greeted the emergence of Zulum and Kadafur in 2023, but having seen their best sides, makes Borno the better off for it today.
Shealthing our swords and healing the wounds of this innitial perceibed snub, is a sinquanon to making the choice the best team, we could put forward for Borno.
I am compelled to appeal to all of us to look beyond personal interests and prioritize Borno, even as we strive to deliver. The Governor’s door remains open for dialogue, as always.
Let us rally behind this ticket, and mot risk a divided house that cannot deliver to our people. A united APC in Borno is what our people expect of us.
Let the narrative turn to the choice of Ali Abdullahi as Deputy Governorship candidate is about *competence, continuity, and service to Borno people, and not about how he emerged.
Governor Babagana Umara Zulum with his deputy have showed focus on finishing the work of rebuilding Borno’s destroyed schools, hospitals and roads, and resettling our people. His successor needs a deputy who understands this vission and shares that same commitment.
Ali Abdullahi has the experience, he has demonstrated loyalty, and has showed dedication. Let us not crucify him on the cross of our personal ambitions.
I respect all opinions expressed so far, but this is not the time for divisions, this is the time to unite behind the ticket no matter its perceived inadequacies, so that we can continue to deliver for Borno.
Our collective focus should be Borno first, and not who should be in a particular position.
We have no cause to doubt the man who delivered for us, in the face of innitial skepticism, so, let Ali SEMA, be.
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