News
Yahaya Bello Vs EFCC: Court Adjourns Ruling and Continuation of Trials to June 26 , 27 and July 4 and 5
You cannot cross examine him based on the document,” Daudu SAN argued. Enitan SAN added that he had the right to draw the attention of the court to some specific paragraphs in the document.
The Federal High Court in Abuja has adjourned the hearing of the alleged money laundering case instituted against the immediate past Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission to June 26, 27 and July 4 and 5 for ruling on the request by the prosecution to “cross-examine” the 3rd witness and for continuation of trial.
Justice Emeka Nwite adjourned the hearing after listening to addresses by the prosecution and defence counsels on the Prosecution’s move to initially cross-examine the witness, a position that was rejected by the Defendant’s Counsel, Joseph Daudu, SAN.
When the matter was called for continuation of cross-examination, the Defendant’s counsel asked the witness, Nicholas Ojehomon, whether he had testified in other courts with respect to the issue of school fees paid by the Bello family to AISA, he said yes.
But the witness, an internal auditor at the American International School, Abuja, said he could not mention the exact courts.
He admitted testifying in a similar charge involving Ali Bello but added that he never said anything adversely against former Governor Yahaya Bello just as he had not said anything negative or adversely against him in the instant charge.
After Daudu SAN concluded the cross-examination of the witness, Nicholas Ojehomon, the EFCC’s lawyer, Olukayode Enitan, SAN, moved to also cross-examine the Commission’s witness on Exhibit 19.
He told the court that he was not re-examining the EFCC’s witness, but cross-examining him because the document was admitted in evidence.
“I am not re-examining him, I am cross-examining him because they brought this document,” he said.
The Defendant’s lawyer, however, drew the court’s attention to the fact that the prosecution counsel’s position was unknown to law, in line with the Evidence Act.
“If you want to cross-examine your own witness, you have to first declare him a hostile witness. You cannot cross examine him based on the document,” Daudu SAN argued. Enitan SAN added that he had the right to draw the attention of the court to some specific paragraphs in the document.
At this point, the judge asked: “Do you have any provision of the law to support this?””I will draw your lordship attention to Section 36 of the Constitution.
They sought to tender this document, we objected and the court granted their prayer. Fair hearing demands that the complainant too has the right to examine this because Section 36 of the Constitution talks of fair hearing,”
Enitan responded. “We are not saying that they cannot re-examine the witness. That is what Section 36 under the law says about fair hearing. But if it is to cross-examine him, he will have to show us the law that backs that.
“He cannot come under the guise of fair hearing to want to cross-examine the witness,” the Defendant’s lawyer maintained. The judge, at the end of the arguments, refused to allow cross-examination of the witness by the EFCC lawyer.”
Under the procedure, the witness gives evidence in chief and the defendant cross examines, then the prosecution re-examines.
“With due respect, what I will do is if you people are so skewed to continue with this, it is better to address me on this and I will take a position,” he stated.
At this point, the prosecution counsel agreed to re-examine the EFCC’s witness and the judge gave him the go-ahead.”You can re-examine him on that but not to ask questions that will show cross examination,” Justice Nwite said.
However, when the prosecution lawyer proceeded to re-examine the witness, and his questions pointed at cross-examination, as observed by Daudu SAN, the judge insisted that the parties had to address him on the specific issue.
The Defendant’s Counsel, in his address, maintained that the position was unknown to law.
“My lord, the procedure that is being sought by the prosecution by refering the witness to the document tender in Exhibit 19 and by asking him to read paragraph 1, without drawing his attention to the issue on how the document affected his evidence in chief, the question asked in cross-examination, and the ambiguity, which needs clarification, amounts to a strange and unknown procedure not covered by the Evidence Act,” he stated.
Enitan SAN, disagreed, saying that in the case of Amobi Amobi referred to by the defendant’s counsel, the Supreme Court held that the learned trial judge ought to have allowed a re-examination of Exhibit E.
He said when the defendant sought to introduce the document, the prosecution team “submitted that this document was not made by the witness and as such, he should not be allowed to speak to it under cross examination or allowed to be confronted with it.”
“Having brought it in now, during the case of the prosecution, particularly during the cross examination of PW-3, your lordship should not allow them to shut us out as that would amount to the court allowing them to blow hot and cold,” Pinheiro SAN said.
Justice Nwite thereafter adjourned to June 26, 27 and July 4 and 5 for ruling and continuation of trial.
The 3rd prosecution witness had, at the last hearing on Thursday, said there was no wired transfer of fees from the Kogi State Government or any of the local Governments in the state to the account of the American International School, Abuja.
He also read out a part of a previous Federal Capital Territory High Court judgment that said there was no court order for AISA to return fees to EFCC or any judgment declaring the money as proceeds of money laundering.
Crime
BREAKING: DSS Recaptures Ansaru Terrorist Commander Linked to Church Massacre
The Department of State Services (DSS) has successfully recaptured a high-ranking commander of the Ansaru terrorist group, Abdulazeez Obadaki.
He is believed to be the mastermind behind the horrific mass shooting at a Deeper Life Bible Church near Okene, Kogi State, which took place on August 7, 2012.
This recapture marks a significant step in bringing those responsible for the tragedy to justice. The attack on the church, a deeply sorrowful event, resulted in the tragic deaths of at least 19 worshippers, including the pastor, and left many others with varying degrees of injuries.
The DSS’s efforts to apprehend Obadaki demonstrate their commitment to combating terrorism and ensuring the safety of citizens.
Security sources disclosed that the suspected terrorist leader confessed to orchestrating the Kuje Custodial centre jailbreak following his transfer from Kabba Custodial Centre in June 2022.
According to the sources, after over three years of being on the run, DSS operatives in a, well-oiled intelligence operation recaptured Obadaki aka Bomboy, on Friday morning.
This arrest comes barely two months after the secret police arraigned five suspects linked to the 2022 Catholic Church attack in Owo, Ondo State.
During the February 2022 daylight bank robberies in Uromi, Edo State, which instilled widespread fear across the region, several policemen and bank customers were killed, while hundreds of millions of Naira was reportedly carted away.
The secret police has, of recent, been recording a chain of successes in the capture of terrorists and criminal elements across the nation, with its new leadership fast-tracking the trial of the arrested suspects.
News
Marwa To Serve As NDLEA Chairman Until 2031- Tinubu
Marwa, first appointed by former President Muhammadu Buhari in January 2021, previously chaired the Presidential Advisory Committee for the Elimination of Drug Abuse from 2018 to 2020.
•Mohammed Buba Marwa (rtd)
President Bola Ahmed Tinubu on Friday renewed the reappointment of Brigadier-General Mohammed Buba Marwa (rtd) as Chairman of the National Drug Law Enforcement Agency (NDLEA) for another five-year term.
Marwa, first appointed by former President Muhammadu Buhari in January 2021, previously chaired the Presidential Advisory Committee for the Elimination of Drug Abuse from 2018 to 2020.
His renewed tenure will see him lead the NDLEA until 2031.
A former military governor of Lagos and Borno States, Marwa is an alumnus of the Nigerian Military School and the Nigerian Defence Academy (NDA). Commissioned as a second lieutenant in 1973.
He has held several strategic positions, including brigade major of the 23 Armoured Brigade; Aide-de-Camp to then Chief of Army Staff, Lieutenant-General Theophilus Danjuma; academic registrar of the NDA; Deputy Defence Adviser at the Nigerian Embassy in Washington, D.C.; and Defence Adviser at the Nigerian Permanent Mission to the United Nations.
News
Parliamentary Workers set for full-scale nationwide strike
The Parliamentary Staff Association of Nigeria (PASAN) has issued a final mobilization directive to all its chapters nationwide, signaling readiness for an indefinite strike as its 21-day ultimatum to state governors expired today, Friday November 14.
The looming action which threatens to paralyze legislative operations across all State Houses of Assembly follows a National Executive Council (NEC) meeting held in Bauchi State where it resolved to give State Governments a 21-day deadline, effective from October 24, to begin implementing the Consolidated Legislative Salary Structure (CONLESS) and financial autonomy for State Legislatures, as enshrined in Section 121(3) of the Nigerian Constitution (as amended).
In an official directive on Friday, the National Secretariat of the Union express disappointment that despite “ample window for compliance, reports from the states indicate that most State Governments are yet to begin the implementation as directed.
PASAN, therefore, instructed its zonal leaders to prepare for full-scale action.
The directive ordered all National Vice Presidents to “immediately mobilize all Chapters within their respective zones for industrial action as soon as the ultimatum elapses.
This action is to ensure full enforcement of the NEC resolution and to press home demand for the implementation of CONLESS without further delay.
The Union has formally notified the National Assembly leadership of the expiration of the ultimatum and its readiness for strike.
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