The Economic and Financial Crimes Commission has briefed the Senate on the 47 new Sports Utility Vehicles seized from a former Permanent Secretary of the Federal Ministry of Power, Mr. Godknows Igali, and forfeited to the Federal Government.
The EFCC made this known to the lawmakers in a report presented by the Acting Chairman of the commission, Mr. Ibrahim Magu, to the Senate Committee on Financial Crimes and Anti-Corruption.
The committee had asked Magu, when he appeared before it to defend the 2017 budget estimates of the EFCC, to come back with the report of the activities of the commission.
The EFCC boss, who presented a report on assets recovered by the agency to the lawmakers on Wednesday, was, again, asked to come back with a more comprehensive report, including the details such as assets seized, assets forfeited, loot recovered and pending corruption cases.
The EFCC said the cars were seized in Utako, Abuja residence of the ex-civil servant, who is currently under investigation for alleged corruption.
The Minister of Information and Culture, Alhaji Lai Mohammed, had on December 30, 2016, in a statement, announced the seizure. He noted that the new strategies deployed by the current administration in its war against corruption were achieving results.
Meanwhile, lawmakers kicked against the donation of building and furniture to EFCC by an unnamed state governor, saying such donations could hamper the independence of the commission.
Senator Dino Melaye, specifically, expressed dissatisfaction with a situation where governors would make donations to the EFCC, saying that such development could frustrate the activities of the anti-graft agency.
The lawmakers also demanded a review of a contract for the construction of the EFCC office building, awarded to Julius Berger, which had been raised from N18.8bn to N26bn.
Melaye wondered why a contract awarded at N18.8bn could be increased to N26bn and the EFCC would later request for additional N2bn for power plant and sewage.
He also asked how could be a 10-storeyed building be without a plan for sewage and power plant when the contract was awarded.
The Chairman of the committee, Chukwuka Utazi, said the signing of the contract was against the advice of the Bureau of Public Procurement.
Thursday, 2 March 2017
C’River seeks reduction in number of political parties
The Deputy Governor of Cross River State, Prof. Ivara Esu, on Wednesday, sought a reduction in the number of the existing political parties in the country.
Esu said this in Calabar during the public hearing of the South-South states by the Presidential Committee on Electoral Reforms led by Senator Ken Nnamani.
The public hearing, which had inputs from political stakeholders in states across the South-South region, was dominated by stakeholders from the host state, Cross River.
The deputy governor, who stood in for Governor Ben Ayade, wondered why only a few parties made impacts during elections despite the availability of many parties in the country.
He said, “Why do we have a long list of political parties, whereas when elections are held you only have two or three political parties making impacts?”
Esu, however, listed the areas to be amended in the ongoing electoral reforms to include a reduction in the number of political parties, stiff penalties for politicians defecting from one party to another and an amendment of the electronic voting system, among others.
“There is also the issue of defection. To me, that is electoral fraud. You cannot win an election on one platform and choose to defect to another platform,” he said.
Etu also said that Nigeria was better in terms of democratic developments when compared with Cameroon, Gabon, Equatorial Guinea and other Third World nations where their leaders had remained in office for too long.
He said that under the present democratic dispensation in Nigeria, no president could cling on to power for more than the stipulated number of years.
He lambasted the presidents of Cameroon, Gabon and Equatorial Guinea, among others, for clinging to power for too long, saying that the phenomenon was a blot on the countries’ democratic development.
He said, “If we look at Nigeria, we would say we have done well compared with other Third World nations. We are not like Cameroon, Gabon, Equatorial Guinea and others, where we have leaders that will cling to power. What kind of countries are those?”
Various stakeholders, including the representatives of political parties and election monitors called for stiffer penalties for electoral offenders.
Also speaking, the Senior Special Assistant to the President on Prosecution, Chief Okoi Obono-Obla, who represented the Minister of Justice and Attorney General of the Federation, Mr. Abubakar Malami, said the committee was inaugurated to address the grey areas in the electoral process.
He said, “We have seen conflicting judgments by appellate courts on electoral matters. This committee is meant to sort out such areas.”
Esu said this in Calabar during the public hearing of the South-South states by the Presidential Committee on Electoral Reforms led by Senator Ken Nnamani.
The public hearing, which had inputs from political stakeholders in states across the South-South region, was dominated by stakeholders from the host state, Cross River.
The deputy governor, who stood in for Governor Ben Ayade, wondered why only a few parties made impacts during elections despite the availability of many parties in the country.
He said, “Why do we have a long list of political parties, whereas when elections are held you only have two or three political parties making impacts?”
Esu, however, listed the areas to be amended in the ongoing electoral reforms to include a reduction in the number of political parties, stiff penalties for politicians defecting from one party to another and an amendment of the electronic voting system, among others.
“There is also the issue of defection. To me, that is electoral fraud. You cannot win an election on one platform and choose to defect to another platform,” he said.
Etu also said that Nigeria was better in terms of democratic developments when compared with Cameroon, Gabon, Equatorial Guinea and other Third World nations where their leaders had remained in office for too long.
He said that under the present democratic dispensation in Nigeria, no president could cling on to power for more than the stipulated number of years.
He lambasted the presidents of Cameroon, Gabon and Equatorial Guinea, among others, for clinging to power for too long, saying that the phenomenon was a blot on the countries’ democratic development.
He said, “If we look at Nigeria, we would say we have done well compared with other Third World nations. We are not like Cameroon, Gabon, Equatorial Guinea and others, where we have leaders that will cling to power. What kind of countries are those?”
Various stakeholders, including the representatives of political parties and election monitors called for stiffer penalties for electoral offenders.
Also speaking, the Senior Special Assistant to the President on Prosecution, Chief Okoi Obono-Obla, who represented the Minister of Justice and Attorney General of the Federation, Mr. Abubakar Malami, said the committee was inaugurated to address the grey areas in the electoral process.
He said, “We have seen conflicting judgments by appellate courts on electoral matters. This committee is meant to sort out such areas.”
19 stocks depreciate, market sheds N50bn
The equities market on Wednesday went down again by N50bn after 19 stocks closed in the red.
At the close of trading on the floor of the Nigerian Stock Exchange, the NSE market capitalisation dropped to N8.715tn from N8.765tn, while the All-Share Index closed at 25,183.10 basis points from 25,329.06 basis points.
A total of 228.023 million shares valued at N2.39bn were traded in 2,958 deals.
The equities market declined further, shedding 0.58 per cent at the close of the day’s trading to settle the year-to-date returns at -6.29 per cent. The volume and value of transactions declined by 48.70 per cent and 34.47 per cent, respectively. There were eight gainers in all.
Vitafoam Nigeria Plc was the best-performing stock after advancing by 4.65 per cent to close at N1.80. The ticker was closely followed by the NPF Microfinance Bank Plc, Seplat Petroleum Development Company Plc, NEM Insurance Company Nigeria Plc and Nigerian Aviation Handling Company Plc, which advanced by 4.46 per cent, 3.09 per cent, 2.47 per cent, and 2.04 per cent, accordingly.
On the other hand, Cadbury Nigeria Plc shares dropped by 8.77 per cent, recording the highest decline, to close at N7.80. The losers’ train was followed by Guinness Nigeria Plc, FCMB Group Plc, Zenith Bank Plc and FBN Holdings Plc, which dropped by 4.96 per cent, 4.88 per cent, 4.76 per cent and 4.43 per cent, respectively.
All the NSE sector indices recorded declines, save for the NSE oil/gas and NSE insurance indices which advanced by 1.01 per cent and 0.01 per cent, respectively. The NSE banking and NSE food/beverage indices recorded the largest declines, after paring by 1.18 per cent, 1.27 per cent, respectively.
Commenting on the outcome of the market, analysts at Meristem Securities Limited said, “We note that the few earnings results released have not stimulated positive investor sentiments in the market, as a few companies which have declared disbursements with attractive dividend yields have witnessed share price declines.
“We, however, advise dividend-inclined investors to take position in fundamentally justified counters with attractive expected dividend yields, while we caution that there might be no attendant capital appreciation.”
Meanwhile, at the close of Wednesday’s trading session, the open buy-back and overnight rates recorded respective declines of 1.00 per cent and 1.33 per cent, to settle the average money market rate at 12.09 per cent.
In the Treasury bills space, bullish activities were recorded as the average yield declined by 1.33 per cent to settle at 14.50 per cent at the close of trading. The one-month, three-month and six-month instruments logged declines of 1.81 per cent, 1.58 per cent and 0.61 per cent, respectively.
There were slightly bullish sentiments in the Treasury bonds space, as the average bond yield declined by 0.25 per cent to settle at 16.36 per cent. Yield declines were recorded on all instruments save for the May-2018, June-2019, March-2024 and July-2034 bonds, which advanced slightly by 0.07 per cent, 0.04 per cent, 0.04 per cent and 0.03 per cent, respectively.
The naira traded flat at the parallel foreign exchange market, closing the day at N455/dollar. However, at the interbank forex market, the currency appreciated marginally by 0.08 per cent, to close at N305.25/dollar.
At the close of trading on the floor of the Nigerian Stock Exchange, the NSE market capitalisation dropped to N8.715tn from N8.765tn, while the All-Share Index closed at 25,183.10 basis points from 25,329.06 basis points.
A total of 228.023 million shares valued at N2.39bn were traded in 2,958 deals.
The equities market declined further, shedding 0.58 per cent at the close of the day’s trading to settle the year-to-date returns at -6.29 per cent. The volume and value of transactions declined by 48.70 per cent and 34.47 per cent, respectively. There were eight gainers in all.
Vitafoam Nigeria Plc was the best-performing stock after advancing by 4.65 per cent to close at N1.80. The ticker was closely followed by the NPF Microfinance Bank Plc, Seplat Petroleum Development Company Plc, NEM Insurance Company Nigeria Plc and Nigerian Aviation Handling Company Plc, which advanced by 4.46 per cent, 3.09 per cent, 2.47 per cent, and 2.04 per cent, accordingly.
On the other hand, Cadbury Nigeria Plc shares dropped by 8.77 per cent, recording the highest decline, to close at N7.80. The losers’ train was followed by Guinness Nigeria Plc, FCMB Group Plc, Zenith Bank Plc and FBN Holdings Plc, which dropped by 4.96 per cent, 4.88 per cent, 4.76 per cent and 4.43 per cent, respectively.
All the NSE sector indices recorded declines, save for the NSE oil/gas and NSE insurance indices which advanced by 1.01 per cent and 0.01 per cent, respectively. The NSE banking and NSE food/beverage indices recorded the largest declines, after paring by 1.18 per cent, 1.27 per cent, respectively.
Commenting on the outcome of the market, analysts at Meristem Securities Limited said, “We note that the few earnings results released have not stimulated positive investor sentiments in the market, as a few companies which have declared disbursements with attractive dividend yields have witnessed share price declines.
“We, however, advise dividend-inclined investors to take position in fundamentally justified counters with attractive expected dividend yields, while we caution that there might be no attendant capital appreciation.”
Meanwhile, at the close of Wednesday’s trading session, the open buy-back and overnight rates recorded respective declines of 1.00 per cent and 1.33 per cent, to settle the average money market rate at 12.09 per cent.
In the Treasury bills space, bullish activities were recorded as the average yield declined by 1.33 per cent to settle at 14.50 per cent at the close of trading. The one-month, three-month and six-month instruments logged declines of 1.81 per cent, 1.58 per cent and 0.61 per cent, respectively.
There were slightly bullish sentiments in the Treasury bonds space, as the average bond yield declined by 0.25 per cent to settle at 16.36 per cent. Yield declines were recorded on all instruments save for the May-2018, June-2019, March-2024 and July-2034 bonds, which advanced slightly by 0.07 per cent, 0.04 per cent, 0.04 per cent and 0.03 per cent, respectively.
The naira traded flat at the parallel foreign exchange market, closing the day at N455/dollar. However, at the interbank forex market, the currency appreciated marginally by 0.08 per cent, to close at N305.25/dollar.
Drama as Senate screens 82-year-old ambassadorial nominee
The Senate Committee on Foreign Affairs, on Wednesday, screened an 82-year-old non-career ambassadorial nominee, Justice Sylvanus Nsofor (retd.), who refused to recite the National Anthem when he was asked to do so.
The refusal by the nominee to recite the anthem had shocked members of the committee.
The nominee is one of the 46 on the ‘reviewed list’ for whom President Muhammadu Buhari was seeking legislative approval for their appointment.
The nominee was asked series of questions, which he responded to.
The lawmaker representing Lagos East Senatorial District, Senator Gbenga Ashafa (APC Lagos East), specifically, asked Nsofor to recite the anthem.
The nominee, however, decline to recite it, asking the lawmakers why he should do so.
Nsofor, after engaging the lawmakers in arguments, was eventually asked to take a bow and leave the venue.
Nsofor was born on March 17, 1935, in Oguta, Imo State.
He was a Judge of the High Court of Nigeria, Justice of the Court of Appeal, and Lecturer in Law at the Holborn College of Law in London.
The refusal by the nominee to recite the anthem had shocked members of the committee.
The nominee is one of the 46 on the ‘reviewed list’ for whom President Muhammadu Buhari was seeking legislative approval for their appointment.
The nominee was asked series of questions, which he responded to.
The lawmaker representing Lagos East Senatorial District, Senator Gbenga Ashafa (APC Lagos East), specifically, asked Nsofor to recite the anthem.
The nominee, however, decline to recite it, asking the lawmakers why he should do so.
Nsofor, after engaging the lawmakers in arguments, was eventually asked to take a bow and leave the venue.
Nsofor was born on March 17, 1935, in Oguta, Imo State.
He was a Judge of the High Court of Nigeria, Justice of the Court of Appeal, and Lecturer in Law at the Holborn College of Law in London.
Senate confirms Onnoghen, South gets CJN after 30 years
The Senate, on Wednesday, confirmed the appointment of Justice Walter Onnoghen as the Chief Justice of Nigeria, making him the first person from the southern part of the country to occupy the office in the last 30 years.
Onnoghen is from Cross River State.
The last CJN from the South was Justice Ayo Irikefe, who occupied the office in 1987.
Onnoghen was screened by Committee of the Whole of the Senate.
The Acting President, Prof. Yemi Osinbajo, had written to the Senate, asking for legislative approval for the appointment of the new CJN.
In the letter dated February 7, 2017, with reference number SH/AG. PRESIDENT/SEN/02/0, Osinbajo sought legislative confirmation for the appointment of Justice Walter Onnoghen of the Supreme Court as the CJN.
The letter read, “Following the recommendation of the National Judicial Council, I hereby notify you of the appointment of the Honourable Justice Walter Samuel Nkanu Onnoghen (CFR) as the Chief Justice of Nigeria.
“The Senate President is requested to kindly present the said appointment of the Honourable Justice Onnoghen for confirmation by the Senate of the Federal Republic of Nigeria pursuant to Section 231(1) of the Constitution of the Federal Republic of Nigeria.”
Based on the recommendation by the National Judicial Council on October 13, 2016, President Muhammadu Buhari had inaugurated Onnoghen, being the most senior Justice of the Supreme Court, as the acting CJN on November 10, 2016.
After the recommendation by the NJC, the President was expected, by constitutional provisions, to forward the appointment to the Senate for confirmation.
After Senate’s confirmation, the President is expected to swear in Onnoghen as the substantive CJN.
The first three-month tenure of Justice Onnoghen in acting capacity had expired on February 10, 2017, three days after Osinbajo transmitted his appointment to the Senate for confirmation.
At the screening, which lasted over one hour, Onnoghen addressed several issues raised by the lawmakers about Nigeria’s judiciary.
Leading the debate, Deputy President of the Senate, Senator Ike Ekweremadu, raised the issue of the time frame within which political matters were dealt with by the courts.
He said, “My lord, I am sure you are aware that prior to 2010, election matters took four to five years to conclude; sometimes beyond the lifespan of the tenure of the incumbent. But after, we amended the constitution, giving a time frame to deal with that.”
In his submission, the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator David Umaru, recalled some major cases Onnoghen presided upon, alluding to the fact that judgments delivered by the CJN might have led to the delay in his nomination and appointment.
He said, “In the case of (Muhammadu) Buhari against the Independent National Electoral Commission and others, 2008, AC/51/2008, in which you delivered a dissenting judgment alongside your brothers (judges), wherein you nullified the 2007 election on the grounds of substantial non-compliance with the Electoral Act. You equally handed down the profound decision in (Rotimi) Amaechi Vs INEC reported in 2008 by Nigerian Weekly Law Report, Pages 10 to 80.
“Equally, in the case of (Bukola) Saraki against the Federal Republic of Nigeria delivered on February 5, 2016, you delivered the lead judgment there. That scenario, put against the recent arrest of some judicial officers for alleged involvement in corrupt practice, and following the delay in your nomination by the executive, there is a general feeling that the judiciary under your watch, if eventually your nomination passes through the distinguished Senate, may not exhibit the exceptional and uncommon courage, which you have exhibited in those cases.”
Onnoghen, in his response, said his appointment was subject to confirmation by the Senate as the nomination had already been done by the National Judicial Council.
He also said, “The fear of me not exhibiting the uncommon courage that had earlier been exhibited; I assure you that I remain whom I have been on the bench right from the beginning and I intend to end that way by the special grace of God.”
The Majority Leader, Senator Ahmad Lawan, also said there were some recent cases of corruption charges against some officials in the judiciary.
“You have about four years to be the CJN; I want you to tell us how you intend to, within this period, reform the judiciary and bring back the confidence of the public because some people would feel our judicial system is under a heavy question mark of integrity, but we need to do something to regain the confidence of the public.”
In his response, Onnoghen said there had been a “tremendous” improvement in the judiciary.
He explained that Wednesday had been set aside for a special panel, apart from the regular panel of the Supreme Court, to deal with pre-election matters.
Onnoghen said, “Already, as I came on board, for instance, I have passed different circulars to all the heads of the Nigerian judiciary in the country to send me details of pending matters on corruption, matters on terrorism and high profile criminal matters.
Onnoghen is from Cross River State.
The last CJN from the South was Justice Ayo Irikefe, who occupied the office in 1987.
Onnoghen was screened by Committee of the Whole of the Senate.
The Acting President, Prof. Yemi Osinbajo, had written to the Senate, asking for legislative approval for the appointment of the new CJN.
In the letter dated February 7, 2017, with reference number SH/AG. PRESIDENT/SEN/02/0, Osinbajo sought legislative confirmation for the appointment of Justice Walter Onnoghen of the Supreme Court as the CJN.
The letter read, “Following the recommendation of the National Judicial Council, I hereby notify you of the appointment of the Honourable Justice Walter Samuel Nkanu Onnoghen (CFR) as the Chief Justice of Nigeria.
“The Senate President is requested to kindly present the said appointment of the Honourable Justice Onnoghen for confirmation by the Senate of the Federal Republic of Nigeria pursuant to Section 231(1) of the Constitution of the Federal Republic of Nigeria.”
Based on the recommendation by the National Judicial Council on October 13, 2016, President Muhammadu Buhari had inaugurated Onnoghen, being the most senior Justice of the Supreme Court, as the acting CJN on November 10, 2016.
After the recommendation by the NJC, the President was expected, by constitutional provisions, to forward the appointment to the Senate for confirmation.
After Senate’s confirmation, the President is expected to swear in Onnoghen as the substantive CJN.
The first three-month tenure of Justice Onnoghen in acting capacity had expired on February 10, 2017, three days after Osinbajo transmitted his appointment to the Senate for confirmation.
At the screening, which lasted over one hour, Onnoghen addressed several issues raised by the lawmakers about Nigeria’s judiciary.
Leading the debate, Deputy President of the Senate, Senator Ike Ekweremadu, raised the issue of the time frame within which political matters were dealt with by the courts.
He said, “My lord, I am sure you are aware that prior to 2010, election matters took four to five years to conclude; sometimes beyond the lifespan of the tenure of the incumbent. But after, we amended the constitution, giving a time frame to deal with that.”
In his submission, the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator David Umaru, recalled some major cases Onnoghen presided upon, alluding to the fact that judgments delivered by the CJN might have led to the delay in his nomination and appointment.
He said, “In the case of (Muhammadu) Buhari against the Independent National Electoral Commission and others, 2008, AC/51/2008, in which you delivered a dissenting judgment alongside your brothers (judges), wherein you nullified the 2007 election on the grounds of substantial non-compliance with the Electoral Act. You equally handed down the profound decision in (Rotimi) Amaechi Vs INEC reported in 2008 by Nigerian Weekly Law Report, Pages 10 to 80.
“Equally, in the case of (Bukola) Saraki against the Federal Republic of Nigeria delivered on February 5, 2016, you delivered the lead judgment there. That scenario, put against the recent arrest of some judicial officers for alleged involvement in corrupt practice, and following the delay in your nomination by the executive, there is a general feeling that the judiciary under your watch, if eventually your nomination passes through the distinguished Senate, may not exhibit the exceptional and uncommon courage, which you have exhibited in those cases.”
Onnoghen, in his response, said his appointment was subject to confirmation by the Senate as the nomination had already been done by the National Judicial Council.
He also said, “The fear of me not exhibiting the uncommon courage that had earlier been exhibited; I assure you that I remain whom I have been on the bench right from the beginning and I intend to end that way by the special grace of God.”
The Majority Leader, Senator Ahmad Lawan, also said there were some recent cases of corruption charges against some officials in the judiciary.
“You have about four years to be the CJN; I want you to tell us how you intend to, within this period, reform the judiciary and bring back the confidence of the public because some people would feel our judicial system is under a heavy question mark of integrity, but we need to do something to regain the confidence of the public.”
In his response, Onnoghen said there had been a “tremendous” improvement in the judiciary.
He explained that Wednesday had been set aside for a special panel, apart from the regular panel of the Supreme Court, to deal with pre-election matters.
Onnoghen said, “Already, as I came on board, for instance, I have passed different circulars to all the heads of the Nigerian judiciary in the country to send me details of pending matters on corruption, matters on terrorism and high profile criminal matters.
Court dismisses terrorism, five other charges against Kanu, others
A Federal High Court in Abuja on Wednesday struck out six out of the 11 charges instituted against the leader of the Indigenous People of Biafra, Nnamdi Kanu, and three other persons.
The accused persons charged along with Kanu were the National Coordinator of IPOB, Mr. Chidiebere Onwudiwe; an IPOB member, Benjamin Madubugwu; and a former Field Maintenance Engineer on secondment to the MTN, David Nwawuisi.
Three of the defendants Kanu, Onwudiwe and Nwawuisi, had filed separate notices of preliminary objection challenging the validity of various counts in which their names were jointly or separately mentioned as accused persons.
Ruling on the preliminary objection on Wednesday, Justice Binta Nyako partly agreed with the applications by striking out six out of the 11 counts.
The judge said the struck-out charges did not call for trial due to the failure of some of them to disclose vital elements of the alleged offences.
She ruled that the proof of evidence also failed to disclose any prima facie case against the defendants with regard to some of the other counts.
The accused persons were on November 8, 2016 re-arraigned before Justice Binta Nyako on amended 11 counts, comprising terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods.
But ruling on the applications by Kanu and two other accused persons on Wednesday, Nyako said some of the counts “cannot stand.”
She struck out charges contained in counts 3, 5, 7, 9, 10 and 11 which related to the management of unlawful organisation, intention to manufacture Improvised Explosive Devices planned to be used against some Nigerian security agents and alleged improper importation of a radio transmitter.
The judge ruled that the allegation in Count 3 relating to the “managing of unlawful society punishable under section 63 of the Criminal Code Act” could not be substantiated by the proof of evidence.
The judge ruled that the proof of evidence failed to show that IPOB was indeed an unlawful organisation.
She said the prosecution failed to show that the organisation had been proscribed or that it was not registered either in Nigeria or London in the United Kingdom.
She also said the alleged, “improper importation of goods contrary to section 47(1) (a) (i) of the Customs and Excise Management Act” levelled against Kanu in Count 5 did not disclose the elements of the alleged offence bordering on the importation of a Radio Transmitter known as TRAM 50L.
The judge also ruled that the allegation in Count 7 accusing Madubugwu of “managing an unlawful society punishable under Section 63 of the Criminal Code Act” by accepting and keeping a container housing the radio transmitter which he allegedly knew was to be used for Radio Biafra, also did not disclose any element of the alleged crime.
According to the judge, Count 9, which accused Onwudiwe and Nwawuisi of “conspiracy to commit treasonable felony contrary to Section 516 of the Criminal Code Act” also does not disclose the elements of the alleged crime.
Justice Nyako held that the count failed to disclose which of the acts of installation of the transmitter on the MTN mast site at Ogui Road, near St. Michael Church, Enugu State, and the agreement on the payment of N150,000 was the act that constituted the offence of conspiracy to commit treasonable felony.
“The charge has not disclosed what the offence is. This does not call for any trial,” the judge ruled.
She also struck out Count 10, which accused Nwawuisi, then a Field Maintenance Engineer with the NTN in Enugu State, of “management of unlawful society punishable under section 63 of the Criminal Code Act.”
The prosecution had accused Nwawuisi of the offence for allegedly permitting the installation of Radio Biafra transmitter on the MTN mast for the purpose of propagating the objective of IPOB after being paid the sum of N150,000 by Onwudiwe.
The judge said the count could not stand because the proof that the IPOB was an unlawful society was not provided.
The judge also struck out Count 11, which accused Onwudiwe of “knowingly committing an act preparatory to an act of terrorism” by allegedly “carrying out research for the purpose of identifying and gathering of improvised explosive device-making materials to be used against the Nigerian security operatives carrying out their lawful duties.”
The prosecution alleged in the count that Onwudiwe had by the act, committed an offence of “terrorism contrary to section 2(1)(a) of Terrorism (Prevention) Amendment Act 2011 as amended in 2013.”
But the judge agreed with the defence that since the offence only had to do with an intention to commit a particular act, it was the magistrate court that had the jurisdiction to entertain such a charge.
The judge however sustained Counts 1, 2, 4, 6 and 8.
Count 1 has to do with “conspiracy to commit treasonble felony contrary to section 516 of the Criminal Code act” by conspiring among themselves to broadcast on Radio Biafra “for states in the South-East and South-South geopolitical zones and other communities in Kogi and Benue states to secede from the Federal Republic of Nigeria with a view to constituting same into Republic of Biafra.”
Count 2 has to do with an allegation of treasonable felony which Kanu allegedly committed by broadcasting in London between 2014 and 2015 for the secession of Republic of Biafra from Nigeria.
The court also sustained Count 4, which accused Kanu of “publication of defamatory matter contrary to section 375 of the Criminal Code Act” by referring to the then Maj.Gen. Muhammadu Buhari (retd.) and now President of the Federal Republic of Nigeria as “a pedophile, a terrorist, an idiot and an embodiment of evil” in a broadcast on Radio Biafra on April 28, 2015.
The judge also sustained Count 6 which accused Kanu of “improper importation of goods contrary to section 47(2)(a) of the Customs and Excise Management Act” by allegedly concealing a radio transmitter in a container of used household items and declaring the transmitter as part of the used household items.
Count 8, which accused Madubugwu of being in possession of one Emerald Magnum Pump Action Gun with serial number TS 870 – 113 – 0046 and one Delta Magnum Pump Action Gun with serial number 501 as well as 41 cartridges/ammunition without lawful authority or licence, was also sustained.
Madubugwu was reportedly caught with the firearms in his house in Ubulusuzor in Ihiala Local Government Area of Anambra State in October 2015.
With the agreement of the prosecuting counsel, Mr. Shuaibu Labaran, Kanu’s lawyer, Mr. Ifeanyi Ejiofor, and other defence lawyers, the five surviving charges were read to the accused persons after the ruling on Wednesday.
They all pleaded not guilty to the five charges.
The defence lawyers also indicated their intention to file fresh bail applications.
The accused persons charged along with Kanu were the National Coordinator of IPOB, Mr. Chidiebere Onwudiwe; an IPOB member, Benjamin Madubugwu; and a former Field Maintenance Engineer on secondment to the MTN, David Nwawuisi.
Three of the defendants Kanu, Onwudiwe and Nwawuisi, had filed separate notices of preliminary objection challenging the validity of various counts in which their names were jointly or separately mentioned as accused persons.
Ruling on the preliminary objection on Wednesday, Justice Binta Nyako partly agreed with the applications by striking out six out of the 11 counts.
The judge said the struck-out charges did not call for trial due to the failure of some of them to disclose vital elements of the alleged offences.
She ruled that the proof of evidence also failed to disclose any prima facie case against the defendants with regard to some of the other counts.
The accused persons were on November 8, 2016 re-arraigned before Justice Binta Nyako on amended 11 counts, comprising terrorism, treasonable felony, managing an unlawful society, publication of defamatory matter, illegal possession of firearms and improper importation of goods.
But ruling on the applications by Kanu and two other accused persons on Wednesday, Nyako said some of the counts “cannot stand.”
She struck out charges contained in counts 3, 5, 7, 9, 10 and 11 which related to the management of unlawful organisation, intention to manufacture Improvised Explosive Devices planned to be used against some Nigerian security agents and alleged improper importation of a radio transmitter.
The judge ruled that the allegation in Count 3 relating to the “managing of unlawful society punishable under section 63 of the Criminal Code Act” could not be substantiated by the proof of evidence.
The judge ruled that the proof of evidence failed to show that IPOB was indeed an unlawful organisation.
She said the prosecution failed to show that the organisation had been proscribed or that it was not registered either in Nigeria or London in the United Kingdom.
She also said the alleged, “improper importation of goods contrary to section 47(1) (a) (i) of the Customs and Excise Management Act” levelled against Kanu in Count 5 did not disclose the elements of the alleged offence bordering on the importation of a Radio Transmitter known as TRAM 50L.
The judge also ruled that the allegation in Count 7 accusing Madubugwu of “managing an unlawful society punishable under Section 63 of the Criminal Code Act” by accepting and keeping a container housing the radio transmitter which he allegedly knew was to be used for Radio Biafra, also did not disclose any element of the alleged crime.
According to the judge, Count 9, which accused Onwudiwe and Nwawuisi of “conspiracy to commit treasonable felony contrary to Section 516 of the Criminal Code Act” also does not disclose the elements of the alleged crime.
Justice Nyako held that the count failed to disclose which of the acts of installation of the transmitter on the MTN mast site at Ogui Road, near St. Michael Church, Enugu State, and the agreement on the payment of N150,000 was the act that constituted the offence of conspiracy to commit treasonable felony.
“The charge has not disclosed what the offence is. This does not call for any trial,” the judge ruled.
She also struck out Count 10, which accused Nwawuisi, then a Field Maintenance Engineer with the NTN in Enugu State, of “management of unlawful society punishable under section 63 of the Criminal Code Act.”
The prosecution had accused Nwawuisi of the offence for allegedly permitting the installation of Radio Biafra transmitter on the MTN mast for the purpose of propagating the objective of IPOB after being paid the sum of N150,000 by Onwudiwe.
The judge said the count could not stand because the proof that the IPOB was an unlawful society was not provided.
The judge also struck out Count 11, which accused Onwudiwe of “knowingly committing an act preparatory to an act of terrorism” by allegedly “carrying out research for the purpose of identifying and gathering of improvised explosive device-making materials to be used against the Nigerian security operatives carrying out their lawful duties.”
The prosecution alleged in the count that Onwudiwe had by the act, committed an offence of “terrorism contrary to section 2(1)(a) of Terrorism (Prevention) Amendment Act 2011 as amended in 2013.”
But the judge agreed with the defence that since the offence only had to do with an intention to commit a particular act, it was the magistrate court that had the jurisdiction to entertain such a charge.
The judge however sustained Counts 1, 2, 4, 6 and 8.
Count 1 has to do with “conspiracy to commit treasonble felony contrary to section 516 of the Criminal Code act” by conspiring among themselves to broadcast on Radio Biafra “for states in the South-East and South-South geopolitical zones and other communities in Kogi and Benue states to secede from the Federal Republic of Nigeria with a view to constituting same into Republic of Biafra.”
Count 2 has to do with an allegation of treasonable felony which Kanu allegedly committed by broadcasting in London between 2014 and 2015 for the secession of Republic of Biafra from Nigeria.
The court also sustained Count 4, which accused Kanu of “publication of defamatory matter contrary to section 375 of the Criminal Code Act” by referring to the then Maj.Gen. Muhammadu Buhari (retd.) and now President of the Federal Republic of Nigeria as “a pedophile, a terrorist, an idiot and an embodiment of evil” in a broadcast on Radio Biafra on April 28, 2015.
The judge also sustained Count 6 which accused Kanu of “improper importation of goods contrary to section 47(2)(a) of the Customs and Excise Management Act” by allegedly concealing a radio transmitter in a container of used household items and declaring the transmitter as part of the used household items.
Count 8, which accused Madubugwu of being in possession of one Emerald Magnum Pump Action Gun with serial number TS 870 – 113 – 0046 and one Delta Magnum Pump Action Gun with serial number 501 as well as 41 cartridges/ammunition without lawful authority or licence, was also sustained.
Madubugwu was reportedly caught with the firearms in his house in Ubulusuzor in Ihiala Local Government Area of Anambra State in October 2015.
With the agreement of the prosecuting counsel, Mr. Shuaibu Labaran, Kanu’s lawyer, Mr. Ifeanyi Ejiofor, and other defence lawyers, the five surviving charges were read to the accused persons after the ruling on Wednesday.
They all pleaded not guilty to the five charges.
The defence lawyers also indicated their intention to file fresh bail applications.
Xenophobic attacks: Militants threaten MTN, others as Obasanjo berates S’African leaders
The militant groups, who were reacting to the xenophobic attacks on Nigerians and their business premises in South Africa, gave one month ultimatum to South Africans living in Nigeria to leave the country and relocate elsewhere.
The threat from the militants groups – Niger Delta Watchdogs, Niger Delta Volunteers and Niger Delta Strike Force – is contained in a copy of a letter, addressed to the Office of the South African High Commissioner to Nigeria, located at 71 Usuma Street, Off Gana Street, Abuja.
Signatories to the letter are ‘General’ John Duku (Niger Delta Watchdogs); ‘General’ Ekpo Ekpo (Niger Delta Volunteer); and ‘General’ Hart Bradford (Niger Delta Strike Force).
According to the letter titled ‘Attack and killings of Nigerians living in South Africa’, the militants expressed anger that the South African Police were shielding criminals and joining them (criminals) to kill Nigerians.
Apart from MTN, DSTV and Shoprite, some of the South African companies in Nigeria listed for attack by the militants are Eskom Nigeria, South African Breweries (SAB Miller), Umgeni Water, Refresh Product, LTA Construction and Protea Hotels.
Others, according to the letter, are Critical Rescue International, Global Outdoor Semces, PEP Retail Stores, Woolworths Holdings Limited, Truworths International Limited, Clover Industries, Oracle, Power Giant and Airtime.
The militants added, “Arising from the joint meeting of the Niger Delta Watchdogs, Niger Delta Volunteers and Niger Delta Strike Force, held today (Wednesday) in Port Harcourt, we condemn the recent attacks on Nigerians in South Africa.
“We want to state that the recent attacks (on Nigerians in South Africa) will mark the end of this nonsense because we will not fold our arms and allow this to continue. We, therefore, call on the Nigerian Government to immediately close down all the businesses owned by South Africans in Nigeria.
“Failure to close down these companies within one month, we shall mobilise in full force and commence massive attacks on the above-mentioned South African-owned investments in Nigeria. We shall also make sure that all MTN masts and offices are brought down to naught.
“We shall strike any property and persons from South Africa within our reach; we will bring down Multichoice (DSTV), Shoprite and others. We will not fold our arms and watch you (South Africans) slaughter our people like chickens for no just cause.
“We are fully prepared; our professional fighters are already strategising, South Africans must be crushed in Nigeria; our people must be free from these wicked agents.”
The militant groups pointed out that the one month ultimatum was enough for South Africans to relocate and leave Nigeria, even as they warned Nigerians against patronising South Africans business concerns on the expiration of the ultimatum to avoid casualties.
Accusing the South African Government of plotting to kill Nigerians within its territory by all means, the Niger Delta agitators cautioned that they would not allow such a plan to be executed.
“How can you explain a situation where the police clobbered defenceless Nigerian citizens to death without any provocation?” the militants asked.
They observed that the South African Government and her citizens possessed the highest number of business operations in Nigeria by a foreign country and making huge profits and living in a peaceful environment with nobody attacking them.
“But our people in South Africa have been unjustly subjected to torture, killings, looting of their belongings as well as burning down of their business premises/apartments,” they added.
Obasanjo berates S’African leaders, youths
Meanwhile, former President Olusegun Obasanjo has condemned attacks by South African youths on Nigerians and other African nationals in the former apartheid enclave, blaming the development on the insincerity of the government and the leaders of the country.
He said this on Wednesday in Abeokuta while receiving the management of the National Institute for Policy and Strategic Studies, Kuru, Jos, led by its chairman, Maj. Gen. Lawrence Onoja (retd.).
The former President, who received the delegation at the Olusegun Obasanjo Presidential Library, said the current development in South Africa betrayed the contributions of Nigeria to the struggle for the emancipation of the country during the apartheid era.
Obasanjo, who blamed the exodus of Nigerians and other African nationals in search for greener pastures, however, called on African heads of government to ensure good governance for the overall development of the continent and its teeming population.
He blamed South African youths for their immaturity, while hitting their leaders more for allowing fellow Africans to rise against themselves.
He stated, “Youths can be so immature; they may not understand what Africa stands for; what our continental organisations stand for. But if the youth do not understand what happened, what happen to the leadership?
“I will blame the youth of the country for the attacks but I will blame the leaders more in any country that allows xenophobic attacks against fellow Africans for whatever reason.
“Having said that, it is also the responsibility of everyone of us in our different countries to prepare our countries so that our youths, who think that there is an Eldorado somewhere outside their countries, will be made to know that there is no greener pastures anywhere.
“The greener pastures is here in your country. I feel disheartened to know that many of our youths perish while crossing the Sahara desert or the Mediterranean.”
Ekweremadu heads Senate delegation to South Africa
Also, on Wednesday, the Senate named members of its delegation to South Africa to investigate the ongoing xenophobic attacks on Nigerians in the country.
Senate President Bukola Saraki made the announcement at plenary on Wednesday.
Members of the delegation are the Deputy President of the Senate, Senator Ike Ekweremadu; Leader of the Senate, Senator Ahmad Lawan; and the Chief Whip, Senator Sola Adeyeye.
Others are Deputy Chairman, Senate Committee on Foreign Affairs, Senator Shehu Sani; Senator Stella Oduah, Senator Magnus Abe and Senator Shaba Lafiaji.
Nigeria won’t recall envoy in S’Africa, says FG
Also, the Federal Government has ruled out the possibility of recalling its High Commissioner to South Africa in protest against the renewed xenophobic attacks on Nigerians in the former apartheid enclave.
The Permanent Secretary, Ministry of Foreign Affairs, Amb. Olusola Enikanolaye, stated this in Abuja while responding to callers on ‘Tuesday night’ in an interactive programme on Nigerian Television Authority on xenophobic attacks on Nigerians in South Africanikanolaye said Nigeria had two representatives in South Africa – an Acting High Commissioner and a deputy – who he said had been doing a great job attending to the situation accordingly.
He said, “We are in touch with our representative in South Africa, Amb. Martins Kuban, the Acting High Commissioner in Pretoria, and Amb. Okeke, the deputy, in Johannesburg.
“Really we do not think we need to recall our envoys in South Africa because they are doing a great job; they are regularly in touch with the community leaders. They have dedicated telephone lines to Nigerians in South Africa to report any occurrence. They are doing a great job and in our view, there is no need to recall them home.”Enikanolaye added that Nigeria was working round the clock to ensure that the issue was diplomatically addressed, saying the ministry had had a series of meetings with the South African High Commissioner to Nigeria.
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