
News
EFCC vs Yahaya Bello: Appeal Court asked to vacate arrest warrant, trial court to adjourn case indefinitely, return case file to CJ
The arraignment of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, over the alleged N80 billion money laundering charges made against him by the Economic and Financial Crimes Commission (EFCC), scheduled for today (Wednesday) may be stalled again, as Justice Emeka Nwite of the Federal High Court, Abuja, has been asked to adjourn indefinitely, proceedings in the charge, pending the determination of an appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
In the Appeal No. CA/ABJ/CR/535/2024, in which the trial Judge, Justice Emeka Nwite is being accused of miscarriage of justice, Bello is, through his Counsels, Musa Yakubu (SAN) & Co, seeking the setting aside of the Warrant of Arrest believed to have been illegally issued against him on April 17, 2024, as well as return of the case file to the Chief Judge of the Federal High Court, for re-assignment to another Judge.
According to the News Agency of Nigeria (NAN), the Appeal was filed against the decisions of the trial Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/98/2024.
The former governor is also seeking an order of the Appeal Court, setting aside service of the EFCC Charge on him by substituted means, including the entire proceedings already conducted in the case.
In a letter to Justice Emeka Nwite, dated July 12, 2024, counsel to Bello, Musa Yakubu (SAN) requested that further proceedings in the charge be adjourned sine die, pending the determination of the appeal filed by the former governor, which is pending at the Court of Appeal, Abuja.
The letter obtained by NAN and a copy of which was sent to the National Judicial Council (NJC) and Chief Judge of the Federal High Court, was in response to a letter to Justice Nwite, by the EFCC, dated July 8, 2024 and filed on the July 10, 2024, according to information from the court registry.

In the letter, the EFCC requested for a variation of the earlier warrant of arrest issued against Bello, additionally requesting that the various security agencies be specifically directed to carry out the earlier arrest.
Responding to the EFCC’s application, Bello’s counsel urged the Court to decline the request and await the outcome of the appeal pending at the Court of Appeal over the controversial warrant of arrest and other related pronouncements of the trial Court.
According to counsel to Bello; “Drawing from the position of the law as contained in Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 and the pronouncement of the Supreme Court in the case of Vab Petroleum INC V. Momah [Supra] and a litany of other cases too numerous to mention here; we respectfully urge this Honourable Court ex debito justitiae to: “set aside and expunge from its records the proceedings of the 27th June, 2024, including any ruling, order or directive, same having been conducted in the face of the Defendant’s appeal entered on the 24th of May, 2024 and therefore reached per incuriam;
“Refuse to countenance the application of the Complainant made vide the letter filed on the 10th of July, 2024 and or in the alternative refer same to the Court of Appeal for determination;
“Adjourn further proceedings in this charge sine die pending the determination of Appeal No: CA/ABJ/CR/536/2024 entered by the Defendant and pending at the Court of Appeal, Abuja.”
The letter read in part; “The Defendant to the Charge had on the 17th of May, 2024 filed a notice of appeal against the ruling of this Honourable Court made on the 10th of May, 2024 refusing to discharge brevi manu the warrant of arrest issued against the Defendant.
“The Defendant pursuant to the said notice of appeal, compiled and transmitted record of appeal to the Court of Appeal and entered on the 24th of May, 2024, Appeal No: CA/ABJ/CR/536/2024.
“Notwithstanding the foregoing, the Complainant has now filed the above referenced application seeking for the amendment of the warrant of arrest which was hitherto directed to the complainant only, to have it extended to the heads of other security and law enforcement agencies listed in the prosecuting Counsel’s letter.
“My Lord, this Honourable Court cannot countenance the application or do anything with respect to the aforesaid warrant of arrest or conduct further proceedings in this charge in view of the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021 which is to the effect that:
“After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto.’ Except as may be otherwise provided in these Rules, every application therein shall be made to the Court and not to the lower Court.
“The warrant of arrest upon which the Complainant’s application is predicated, is subject of appeal in Appeal No: CA/ABJ/CR/536/2024 and by the above reproduced provision of the Court of Appeal rules, this Honourable Court has become functus officio and no longer has the jurisdiction to entertain any application or do anything touching on the warrant of arrest issued on the 17th of April, 2024 as the Court of Appeal is now seized of the matter. By virtue of the appeal entered by the Defendant, the warrant of arrest subject of the Complainant’s application is now in total abeyance pending the determination of the Defendant’s appeal one way or another.
“To take any contrary step to the provisions of Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, would be tantamount to undermining the Constitutional guaranteed Appellate jurisdiction of the Court of Appeal under Section 240 of the Constitution of the Federal Republic of Nigeria (as amended) and against the grain of settled position of the law established by the Supreme Court of Nigeria to the effect that, when an appeal has been entered, the lower Court no longer has the jurisdiction to do anything in the matter and ought to abide by the decision of the Appellate Court as any step taken by the trial Court in the face of such appeal is a nullity. see the case ofVab Petroleum INC V. Momah [20131 14 NWLR Part 1374 P. 284.”
Furthermore, the attention of Justice Emeka Nwite was drawn to a similar case, also a criminal appeal,’ in which Justice Ismail Ijelu of the High Court of Lagos State stayed further proceedings, the Appellant having entered an appeal in Appeal No: CAIL/1159/2023 Between Chief Cletus Ibeto V. Federal Republic of Nigeria, challenging the warrant of arrest earlier issued against him, in the face of his preliminary objection challenging the jurisdiction of the lower Court to entertain the charge filed by the Complainant against him.
“The trial High Court, a Court of co-ordinate jurisdiction with Your Lordship’s Court has stayed further proceedings in the charge pending the determination of the appeal entered by the Appellant therein.
“The Complainant’s application to you therefore, ought not to have been filed at all or if need be, ought to be brought before the Court of Appeal, Abuja which is now seized of the matter. The Complainant’s Counsel as a senior member of the Bar is under a duty to have brought the appeal entered by the Defendant to the attention of this Honourable Court even during the proceedings of 27th of June, 2024, is rather proceeding egregiously as if he is oblivious of and impervious to the appeal entered by the Defendant to the Charge before your Lordship’s Court.
“We therefore respectfully urge your Lordship not to be misled sir or hoodwinked by the Complainant into a head on collision with the Court of Appeal, but rather tow the above stated and well-established course of action.
“To do otherwise, would be an affront on the hallowed principle of judicial hierarchy and stare decisions which is the very foundation of our legal system,” the letter read further.
News
Atiku rejects ICPC probe of PFIPC, demands independent panel with ADC, PDP, NDC included
Former Vice-President Atiku Abubakar has demanded the establishment of an independent commission of inquiry to probe the controversial Presidential Foreign Intervention Promotion Council (PFIPC).
The PFIPC has come under scrutiny over the N1.3 billion budgetary allocation made to the council in the 2026 budget.
On June 11, Femi Gbajabiamila, chief of staff to President Bola Tinubu, issued a public disclaimer disowning the appointment of Adeniyi Adeyemi as the head of the council.
The former speaker of the house of representatives said such an office “does not exist” under Tinubu’s government, and no appointment has been made in that regard.
But Adeyemi rejected Gbajabiamila’s claim, describing it as a contradiction in official government records.
The presidency would later accuse Adeyemi of forging documents, including an appointment letter, to present himself as the head of the alleged non-existent government agency.

On Tuesday, Tinubu directed the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to conduct a “thorough investigation” into the PFIPC controversy.
‘FG MUST SET UP AN INDEPENDENT PANEL’
In a statement issued on Wednesday through Phrank Shaibu, his senior special assistant on public communication, Atiku said Tinubu’s directive to the ICPC to investigate the matter was a response to the seven-day ultimatum he had earlier issued demanding a transparent probe.
He said Tinubu’s directive to the ICPC exposed contradictions in the presidency’s previous position that the matter had already been comprehensively investigated by the police, with a suspect arrested and criminal charges filed.
“If all of that is true, what exactly is the ICPC expected to spend another 30 days investigating?” Atiku asked.
The presidential candidate of the African Democratic Congress (ADC) said if the police probe was indeed comprehensive, another investigation by a government agency would be unnecessary.
“What Nigerians demanded was never another internal government investigation. We demanded an independent investigation,” he said.
Atiku proposed the immediate establishment of a special independent commission of inquiry comprising 10 eminent Nigerians nominated by the federal government, the ADC, the Nigeria Democratic Congress (NDC), the Peoples Democratic Party (PDP), civil society organisations (CSOs), the Nigerian Bar Association (NBA), and retired judicial officers.Politics (Left)
He said the proposed panel should be empowered to conduct a comprehensive investigation into every aspect of the PFIPC affair, review investigative records compiled by the police and other security agencies, summon serving and former public officials where necessary, publish a white paper containing its findings and recommendations, and conclude its assignment within one month.
Atiku said only an independent commission, with representation from the government, opposition parties and CSOs, would command public confidence and restore trust in the outcome of the investigation.
News
Court awards N10m in damages against EFCC for defaming ex-Minister
Justice Peter Kekemeke of the FCT High Court on Wednesday awarded N10 million in damages against the Economic and Financial Crimes Commission (EFCC) for defaming the reputation of former Minister of Power, Dr Olu Agunloye.
The judge found the commission guilty of defamation while delivering judgment in a N10billion suit filed against the EFCC by Agunloye.
Agunloye claimed that the publication on the commission’s Website and X (formerly Twitter) handle, entitled “EFCC arraigns Agunloye over $6billion fraud”, damaged his reputation.
Agunloye had, through his counsel, Adeola Adedipe SAN, suit marked FCT/HC/CV/1199/2024, claimed that the EFCC caused harmed his reputation.
He added that he (Agunloye) was said to be a corrupt and fraudulent individual through a post published on its official website and other allied online platforms, with the caption, “EFCC arraigns Agunloye over $6billion fraud”.
Delivering judgment , Justice Kekemeke held that there were elements of defamation in the posts.

The judge held that in the instant case, the contentious publication is in permanent form, adding that Agunloye’s name was mentioned.
The court further held that EFCC’s sole witness in the case, Assistant Commissioner of Police Umar Babangida, inspite of the fact that he initially denied knowledge of the said publication, later owned up and admitted that it was from the defendant’s media department.
He held that the case before him does not challenge EFCC’s power to investigate economic and financial crime as claimed by the defendant.
“Having gone through the charge in the criminal case against the claimant before a FCT high court in Apo, there is no where in it that claimed fraud, contrary to the EFCC publication.
“The issue of fraud is not in any of the exhibits tendered before the court in the course of hearing the case.
”The EFCC failed to prove the truth in the said publication. That is not fair and does not represent the court’s proceedings,” the judge held.
He held that the EFCC was not a news agency but an investigative agency.
Justice Kekemeke held that the commission knew that Agunloye was not involved in a fraud of six billion Naira.
The court declared that the contentious publication on EFCC official website and X handle as false and defamatory.
The judge ordered the commission to retract the publication and offer public apology on its website and two other national dailies.
The court further ordered a perpetual injunction restraining EFCC from defaming the former minister.
Reacting to the judgment in an interview with newsmen, counsel for the EFCC, Dr Wahab Shittu SAN, declared the commission will appeal the judgment.
“Though the court has made it pronouncement, the case is premature as the claimant’s criminal charge is yet to be concluded and judgment delivered,” he said.(NAN)
News
Presidency dismisses Peter Obi’s safety concerns as false
The Presidency has dismissed claims by the Nigeria Democratic Congress (NDC) presidential candidate, Peter Obi, that he is being targeted by the Federal Government, describing the allegations as false, misleading, and without basis.
Obi had said he may not be alive to contest the next presidential election, alleging that the Federal Government is systematically frustrating his activities and targeting opposition figures.
He said this during an interview on With Chude, hosted by media personality Chude Jideonwo.
A clip of the interview was shared on Jideonwo’s X handle on Wednesday.
Speaking on the possibility of participating in the 2027 presidential race, the former Anambra State governor said the challenges he faces had become so intense that he could not even be certain he would still be alive by then.
“Not even a candidate. I might not even be alive. I’m telling you. Every single thing I do for a living, this government is frustrating it. Deliberately so. Everything. So, there is even a possibility, if they have the opportunity, I will not be alive,” he said.

Reacting in a statement, the Special Adviser to the President on Information and Strategy, Bayo Onanuga, said Obi’s recent claims, including an alleged incident involving his vehicle at an airport and fears about his safety ahead of the 2027 general election, were unfounded and lacked credible evidence.
Onanuga described Obi as a “pathological and serial liar,” hellbent on dragging the government into every personal inconvenience he encounters.
He said: “As a pathological and serial liar, Mr Obi is intent on dragging the government into every personal inconvenience he encounters, often resorting to exaggeration and baseless allegations.
“His claim that he may not be alive for the January 2027 election and that people are being pressured not to invite him to social events is nothing more than a fabricated narrative, a page from his book of lies and propaganda.
“These claims lack substance and are designed to attract undue sympathy and deflect attention from his credibility deficit and the problems faced by his SPV and his adopted political association, the NDC.”
The presidential spokesman further stated that the federal government had no interest in targeting Fidelity Bank, in which Obi is said to have a substantial interest, stressing that the financial institution continues to thrive under the current administration’s economic reforms.
Onanuga stressed the administration of President Bola Tinubu remains focused on implementing reforms designed to strengthen the economy and improve the welfare of Nigerians, rather than engaging in political distractions.
He added: “It is important to note that Mr Obi has a substantial interest in Fidelity Bank. The institution continues to thrive as a result of the current administration’s robust economic reforms.
“The government is certainly not targeting the bank. Rather than being “haunted” by the government, Mr Obi appears to be grappling with the consequences of his litany of unfounded statements.
“The Tinubu government remains fully focused on consolidating its historic and beneficial reforms for the good of all Nigerians. It has neither the time nor the inclination to be distracted by Mr Obi’s self-serving narratives and lies or by his candidacy, as he constantly diminishes himself with specious, unverifiable utterances.”
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