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JUST IN: Yahaya Bello Vs EFCC: Court adjourns to January 21 for ruling or arraignment

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A Federal High Court in Abuja has adjourned hearing in the money laundering case brought against the immediate-past Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission, to January 21, 2025.

At the resumed hearing on Wednesday, Counsel to the Economic and Financial Crimes Commission, Kemi Pinheiro, SAN, told Justuce Emeka Nwite that he had two witnesses already in court.

He said his first application was to formally apply that the court should enter a plea of not guilty on behalf of the defendant, even in his absence.

“My first application is to formally enter a plea of not guilty to the defendant, even in his absence. The second point is, not withstanding his physical absence, it is in full compliance with Section 276 of ACJA.

“Flowing from that entry my lord, it is a humble request that we call the first witness,” he stated.

Pinheiro, SAN, in defending his application to enter a plea of not guilty for the defendant, said “the right to plead guilty or not guilty is a right that can be waved by the defendant.

“My lord should hold that the defendant has waved that right.

“What prejudice will the defendant suffer if my lord enters a plea of guilty or not guilty in his absence? Even if he was in court and pleaded not guilty, the situation will still be the same.

The entry of plea of not guilty by your lordship is an invitation to the prosecution to come and prove the veracity of the allegations,” he added.

Michael Adoyi, who appeared for the defendant, however kicked against this, saying that the Prosecution’s application was made contrary to a subsisting order of the judge.

“Our first point of response to the application made by the learned senior counsel to the complainant is that the application is made contrary to the subsisting order of this honourable court, even made this morning – that no application can be entertained by this court in the absence of the arraignment of the defendant.

“The prosecution has stated severally that the court cannot demonstrate helplessness.

The court cannot demonstrate any helplessness in any proceeding and if at all helplessness exists in this proceeding, that helplessness is demonstrated by the prosecution,” he said.Adoyi argued that the court, in a criminal trial, is immune and distinct from the prosecution.

Citing Supreme Court verdicts on similar matters, he said, “The application made by learned senior counsel for the complainant this morning is a dangerous invitation to this honourable court to aide the prosecution in the performance of its duty of presenting the defendant before the court for arraignment and subsequent trial.

“He argued that civil proceeding was different from criminal proceeding.

The Defendant’s Counsel noted that the prosecution’s application could not be anchored on any of the provisions of the ACJA, 2015 that he had cited, as “those provisions do not excuse the need for physical presence of the defendant.”

“In view of this, we urge my lord to refuse the application made by the senior counsel to the complainant,” he said.

The Prosecution Counsel, however, told the court to dismiss Adoyi’s arguments and go ahead with his ruling on entering a plea of not guilty for the Defendant.

Justice Nwite, however, said it might not be possible to deliver the ruling this year.

“It may not be possible to deliver this ruling this year.

You know I am just coming as vacation judge. So what are we agreeing on now learner silk?” he asked. Pinheiro said the matter would be for ruling and/or arraignment of the defendant.

The Judge thereafter adjourned to 21st January, 2025 for ruling on the application by the EFCC and/or arraignment.

Recall that, at the last hearing on September 25, the Counsel to the defendant, A.M. Adoyi, had told the court that the issue of arraignment of the defendant was the subject matter of an appeal entered by the defendant at the Supreme Court with the Appeal Number: “SC/CR/847/2024 and SC/CR/848/2024”.

He said the most appropriate thing to do was to await the decision of the Supreme Court in the aforesaid appeal before taking any step for arraignment so as not to pull the rug off the feet of the Supreme Court.

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Crime

BREAKING: Scores dead, Many injured as suspected herdsmen attack Benue capital

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An unconfirmed number of people have been reported killed, with many others injured, following a deadly overnight attack by suspected herdsmen on Mtsewnem, Akondutyough village in the North Bank area of Makurdi, the Benue State capital.

According to reports, the assailants stormed the community around 3:00 a.m., attacking residents in their sleep.

Reacting to the incident, humanitarian worker and human rights advocate, Ukan Kurugh, described the attack as “deeply disturbing.”

He said, “At 3:00 a.m. today, I received a heartbreaking distress call, accompanied by chilling video footage and photographs of yet another suspected herdsmen attack.

“This time, the horror unfolded in North Bank, less than a 40-minute drive from Makurdi town.

“These brazen attackers continue to strike with impunity, undeterred by the presence of state and federal authorities. They have defied the President, the Governor, and our entire security apparatus.

“To the wounded and to the families who lost loved ones, my heart grieves with you. Your pain is our pain. We will not turn away.

We will not be silent. We are wide awake and we will continue to speak, to mourn, and to demand action.”

Meanwhile, efforts to reach the Benue State Police Command PRO, Edet Udeme were not successful as of the time of this report.

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Crime

Court Orders Remand of 34 Individuals Over Alaba Rago Street Trading

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At least 34 persons have been remanded in prison custody by a Magistrate Court sitting in Bolade Oshodi on Tuesday till July 22.

The traders were arrested for engaging in street trading along the median of the Alaba Rago -Ojo on the Lagos -Badagry Expressway.

According to reports, the arraigned persons made up of 32 male and 2 female were arrested over the weekend in an operation by KAI and LAWMA operatives to clean and clear the median of the Alaba Rago Ojo road which has been taken over by different traders that have erected illegal structures.

Some of those arrested include miscreants who slept in makeshift shed errected on the median to perpetrate crime in that area.

Those arrested and arraigned were identified as Ibrahim Abu – 35yrsIsiaka Ashafa – 31yrsShaibu Isa – 55yrs.Abubakar Haruna – 29yrs, Aminu Haruna – 21yrs, Aminu Abdullahi – 20yrs, Zakariyahu Yahusa- 50yrs, Sunmola Musa – 25yrsSamsideen Ali – 21yrs.

Others include Anthony Oyibo – 68yrs, Abubakar Yusuf- 25yrs,Muhammed Oseni – 27yrs, Aliu Mohammed – 45yrs, Lookman Adebayo – 43yrs, Igudu Ibrahim – 25yrs Awalu Umar – 25yrs, Sani Babangida – 25yrs, Abdullahi Usman – 24yrs, Aliu Ibrahim – 25yrs Roland David – 19yrs, David Timothy – 18yrs, Yusuf Adamu – 23yrs, Abdulsalam Sanusi – 25yrs, Nura Yusuf – 25yrs, Idris Isa – 23yrs, Nasiru Ali – 25yrs, Mayi Daniel – 22yrs Isaac Samuel – 25yrs, Yahaya Mamuda – 18yrs, Salisu Ibrahim – 28yrs, Yusuf Adamu – 20yrs, Abdullahi Musa – 20yrs, Fadipe Bose – 33yrs – Female and Ebere Ndubuisi – 35yrs – Female.

While speaking on the development, the Commissioner for the Environment and Water Resources, Mr Tokunbo Wahab, reiterated the resolve of the present administration to enforce the law on all those who exhibit deviant behaviours.

He urged all residents to exhibit the minimum standard of decency by contributing to a cleaner and sustainable Lagos.

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Crime

Kogi Govt Reassures Citizens, Warns Against Politicising Insecurity

According to credible intelligence, the rise in security threats in parts of Kogi is linked to regional shifts, especially as intensified security operations in the North East and North West have forced criminal elements to migrate toward the North Central, including Kogi.

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  • • Governor Ododo address the people.

The government expressed appreciation to President Bola Ahmed Tinubu, the National Security Adviser, service chiefs, and local security outfits such as the Vigilante Service and Hunters Group for their unwavering support.

The Kogi State Government has reaffirmed its unwavering commitment to combating insecurity and called on citizens, media stakeholders, and political actors to avoid spreading fear or politicising the state’s security challenges.

In a statement made available to newsmen by the Commissioner for Information and Communications, Hon. Kingsley Femi Fanwo in Lokoja , Tuesday, the government said it is quietly but effectively recording progress in its fight against criminal elements, particularly kidnappers, within the state.

“These gains are not coincidental,” the statement read.

“They result from well-planned strategies and deep institutional engagements aimed at ensuring the safety and well-being of every Kogite.”

While sympathising with families affected by recent attacks, the government stressed that such incidents should not be used to spread misinformation or panic.

“Misinformation and alarmist narratives only embolden criminals and demoralise communities. We call on opinion leaders and the media to work with us, not against us.

”The government also condemned what it described as “the politicization of insecurity by certain desperate politicians,” warning that such behavior undermines the collective fight against crime.

“Those who brought medicines whose side effects are worse than the ailments should not raise frivolous alarms when the right medicines are administered,” the statement noted.

According to credible intelligence, the rise in security threats in parts of Kogi is linked to regional shifts, especially as intensified security operations in the North East and North West have forced criminal elements to migrate toward the North Central, including Kogi.

Despite the challenges, the government emphasized its efforts in deploying advanced security infrastructure, strengthening intelligence gathering, and fostering community engagement.

“Our duty is not to spread fear but to inspire hope. And we are not just speaking hope, we are delivering it through action.”Governor Ahmed Usman Ododo, the statement added, remains fully committed to prioritizing security without politicizing it.

“We are taking responsibility, not shifting blame,” the Commissioner said, urging politicians to focus on performance, not panic.

He urged politicians to focus on performance as a tool for reelection rather than raising panic, saying performers do not fear reelection.

The government expressed appreciation to President Bola Ahmed Tinubu, the National Security Adviser, service chiefs, and local security outfits such as the Vigilante Service and Hunters Group for their unwavering support.

The statement ended with a call for unity: “Let us not propagate propaganda for criminals. Let us work together to defeat fear and inspire hope.”

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