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Keyamo to judge: You’re wrong! I won’t pay N10million to Atiku, ICPC *Heads on appeal

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Festus Keyamo, former Minister of State for Labour and Employment, has indicated that he would be filing an appeal against the N10 million fine that was awarded against him in a suit he filed for the probe of Atiku Abubakar, former Vice President and presidential candidate of the Peoples Democratic Party (PDP), in the 2023 presidential election.

Justice James Omotosho, of the Federal High Court Abuja, had slammed N5million apiece against the main spokesman of the All Progressives Congress Presidential Campaign Council (APC-PCC), for the harm he did to the former VP and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the two defendants in the suit, marked FHC/ABJ/CS/84/2023, after the court dismissed it as “frivolous, vexatious, and an abuse of court processes,” adding that he should be paying a 10 per cent per annum on it until the cost is finally liquidated.”

But in a statement by John Ainetor (Esq), Assistant Head of Festus Keyamo Chambers, Abuja Office, read, the former Minister, said: “Earlier today, a Federal High Court in Abuja dismissed the case filed by Festus Keyamo, SAN, CON, against the candidate of the PDP in the last Presidential Election, Alhaji Atiku Abubakar over the SPV saga principally because the court was of the opinion that the law-enforcement agencies were not given enough time to commence investigations before the suit was filed, amongst other sundry reasons.

“Our client respectfully disagrees with the reasons for the said decision because the law-enforcement agencies did not indicate their willingness to commence investigations, even if they were given more time. We want to establish a legal principle that the society cannot wait as infinitum for law-enforcement agencies to do their statutory duties.

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“The suit was designed to prompt the agencies to show their readiness to investigate. We are immediately filing an appeal against the said decision to the Court of Appeal as the struggle on this issue continues.”

Omotosho, in his order followed an oral application by counsel for Atiku, Benson Igbanoi, and that of the ICPC, Oluwakemi Odogun, asking for cost after the matter was dismissed, where Keyamo sought an order compelling the Economic and Financial Crimes Commission (EFCC), ICPC and the Code of Conduct Bureau (CCB) to probe and prosecute Abubakar.

The former Minister, who had based his action on the ground of claims by one of Abubakar’s aides, Michael Achimugu, that between 1999 and 2007 when he was vice president, he (Achimugu) conspired with ex-President Olusegun Obasanjo to rip off the country using what he termed “Special Purpose Vehicles,” filed the suit after the 72-hour ultimatum he gave the three investigating agencies elapsed.

He had alleged that Abubakar was in violation of Section 18(2) of the Money Laundering (Prevention and Prohibition) Act, 2022, and Section 96(1) of the Penal Code, hence, unqualified to contest in Feb. 25 poll.

But Atiku (1st defendant), through his lawyer, filed a notice of preliminary objection, seeking for an order dismissing the suit for being incompetent, lack of locus standi, want of jurisdiction and for non-disclosure of reasonable cause against him.

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The EFCC, ICPC and the CCB, in their separate preliminary objections, also challenged the competency of the suit and the jurisdiction of the court.

Delivering the ruling, Justice Omotosho held that he had two issues for determination and that was whether the suit was frivolous and whether the relief sought by Keyamo could be granted.

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The judge, who said the jurisdiction of the court would be determined, also said that the locus standi of the applicant would also be looked into.

“Locus standi is the capacity of a party to institute an action. It interrogates what is the business of the plaintiff with the defendants

“The need for proper locus standi is to prevent busy body from instituting a suit and restraining them from wasting the time of the court,” he said.

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He said though the court did not say that the ex-minister did not have a right to write statutory agencies to investigate Abubakar, but that he had not shown why he was affected by Abubakar’s action.

“A citizen of a country has a right to report crime and that cannot be an infraction on fundamental rights of any person.

“But the complainant is to complain to the statutory agencies and not to drag the 1st defendant with the agencies to court to seek an order to compel the agencies to investigate the suspect,” he said.

Justice Omotosho held that Investigating authorities had the discretionary powers to investigate any case and to know if such case would warrant any prosecution or not, citing previous cases to back his decision.

“The law is that the court cannot compel investigating agencies to perform their discretionary powers,” he said.

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The judge, who read Keyamo’s letter wherein he gave the investigating agencies 72-hour ultimatum to investigate Abubakar, said the Court of Appeal in one of its decisions, cautioned public officers against abuse of powers.

He said that it was unheard of that a citizen would give statutory agencies 72-hour to investigate and prosecute an alleged offence.

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“And immediately after the 72 hours, an action was filed.

“The question is, is 72 hours sufficient for the investigation and conclusion of action of this nature. The answer is no,” he said.

Omotosho, who said that Keyamo did not even give a reasonable time for the statutory bodies to act before filing the suit, said: “This means that the action was filed in bad faith.”

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He said the case was frivolous and an abuse of court process.

He said Keyamo acted as if he was “an errand boy.”

He said it was high time public officers knew that statutory agencies should not be used to settle political discord.

The judge, therefore, commended the EFCC, ICPC and the CCB for refusing to act in a way that would suggest that Keyamo was giving them directive.

“The plaintiff should know that such suit will not succeed,” he said.

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Omotosho, who described the suit as frivolous, vexatious and abuse of court process, consequently dismissed the suit.

Shortly after the ruling, ICPC’s lawyer, Odogun, asked for a N30 million fine in favour of his client.

She argued that the ICPC had been diligent in defending the matter and that time and resources had been wasted.

Also, Abubakar’s lawyer, Mr Igbanoi, prayed the court for a N200 million fine against Keyamo, considering that his client was former vice president and presidential candidate in the last election.

But Keyamo’s counsel, O. C. Uju, disagreed with the two lawyers asking the court to dismiss their application for a cost.

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The judge, however, awarded a N5 million fine each in favour of Abubakar and ICPC.

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BREAKING: Anjarwalla, fleeing Binance boss, sues FG

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Justice Inyang Ekwo, of the Federal High Court, Abuja, will on April 8, begin hearing in the case filed by detained Binance executive, Tigran Gambaryan, and Nadeem Anjarwalla, Executive Manager, West African Region, over their detention by the Office of the National Security Adviser (NSA).

Nuhu Ribadu, and the Economic Financial Crimes Commission (EFCC) over alleged violation of his fundamental rights.

The suit filed by Olujoke Aliyu, from Aluko and Oyebode Law Firm, Gambaryan, through an originating motion dated and filed March 18, is however now concentrating on the latter, since the escape of Anjarwalla from custody, as legal representation on his behalf has now been withdrawn.

Aliyu, in filing the matter, sought five reliefs on behalf of Gambaryan, while Anjarwalla, who allegedly escaped on Friday, March 22, reportedly filed a separate case also bothering on enforcement of rights.

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Marked: FHC/ABJ/CS/356/24 and FHC/ABJ/CS/355/24, the suits both against the ONSA and the Economic and Financial Crimes Commission (EFCC) as first and second respondents, with Gambaryan, a US citizen overseeing financial crime compliance at the crypto exchange platform, specifically seeking a declaration that his detention and seizure of his international travel passport, contravened Section 35 (1) and (4) of 1999 Constitution (As Amended).

Arguing that the act amounted to a violation of his fundamental right to personal liberty as guaranteed by the constitution, he also sought an order directing the authorities to release him from their custody and return his international travel passport with immediate effect.

Gambaryan, who also prayed the court for an order of perpetual injunction restraining the ONSA and EFCC as well as their agents from further detaining him in relation to any investigation into or demands from Binance, also demanded a public apology to him, and bearing the cost of the legal action on a full indemnity basis.

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He argued in his statement supporting the claim that as an American citizen he only visited Nigeria on February 26, along with Anjarwalla, as a representative of Binance, to honour the invitation of the ONSA and EFCC to discuss issues relating to Binance in Nigeria.

Giving 11-ground argument why his application should be granted, he said that he and Anjarwalla, dutifully attended the meeting, but were detained thereafter and had since remained in detention since then.

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Maintaining that he did not commit any offence during the meeting, neither was he informed in writing of any offence he personally committed in Nigeria at any other time, he added: “The only reason for my detention is because the government is requesting information from Binance and making demands on the company. I am not a member of the Board of Directors of Binance.

T.J. Krukrubo (SAN), who initially appeared for both petitioners, while reminding the court that though the respondents were served two days ago, they were not represented in court, however, drew the attention of the court to the notice of withdrawal of legal representation for Anjarwalla filed on March 26, though he did not give details of why they were withdrawing their legal representation.

Ekwo, while acknowledging that such move meant that the applicant had no legal representation, but must be accorded, one, said he had to adjourn to enable him seek legal representation and for the respondents to be given an opportunity to come to court.

He therefore announced April 8 for further mention and to enable both the ONSA and EFCC, to file their response to the application in the case of Gambaryan.

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We must cure destructive malaise of defections in political parties – Ganduje

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Abdullahi Ganduje, National Chairman of the All Progressives Congress (APC), on Thursday, attributed what he termed incessant and reckless defection of politicians from one political party to another in Nigeria, to lack of ideology, a malaise, which he said must be cured to create an enduring democratic ethos.

Ganduje, former Governor of Kano, who bemoaned the parlous situation, insisted that political parties must now begin to build enduring ideologies and party identities to ensure stability.

The party boss, who spoke when he inaugurated the party’s zonal coordinators across the country, adding that the trend must change for the better, indicated that the zonal coordinators would be in charge of the six geo-political zones of the country.

The event saw the former governor naming Hope Uzodimma of Imo as the coordinator for the South-East, Abdulrahman Abdulrazaq of Kwara as that of the North-Central, while Mai Mala Buni would coordinate the North-East.

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Others, in the arrangement which is supposed to keep the party busy at all times, and maintain constant links with the national leadership, were Uba Sani of Kaduna state for the North-West, Babajide Sanwo-Olu will serve as the South-West and Bassey Otu of Cross River for the South-South coordinator.

Giving the governors the charge, he said: “They should liaise with the party to commence the immediate process of genuine reconciliation of aggrieved members in the geo-political zone. mobilise governor’s of the zones to effectively and physically participate in the party’s activities in the zone, consult with governor’s and resolve issues that will further enhance its progress and unity.

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“They are to also assist the party on resource mobilisation in serving the party and participate in any other activity that may be assigned by the party. We want to change the narrative, we want our political party to be active throughout the year, therefore, all our offices must be physically operational, all our offices must be functionally operational. Right from the local government to state level, there must be activities throughout, but this cannot happen by chance.”

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BREAKING: At last, Enugu LP lawmakers defect to PDP, meet Mbah

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After weeks of speculations, six members of the Enugu State House of Assembly elected on the platform of the Labour Party (LP) finally announced their defection to the ruling Peoples Democratic Party (PDP) in the State, on Thursday, in what indicates a likely bandwagon, as a result of the crisis rocking one Nigeria’s main opposition parties.

The LP, which emerged third in reckoning after the 2023 general elections, has been embroiled in internecine crisis, with the Nigerian Labour Congress (NLC), its parent body, insisting on the ouster of Julius Abure, as the National Chairman.

Incidentally, Abure, was re-elected at the party convention called to choose new leaders expected to take to the next stage after putting up a stellar performance during the last election, a development, which itself, had also sunk into controversy, as both the NLC and the party’s Board of Trustees (BoT), dismissed it as a sham and insisted on taking over its leadership.

Apparently, seizing the moment, the Enugu lawmakers who have been speculated were eager to shift loyalty, cited the “existence of irreconcilable division, incessant crisis within the Labour Party at the national level and across all the state chapters,” as their reason.

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The Nigerian constitution forbids defection from one party to another by elected political office holders, except in cases of division in their original parties, or in the case of the merger of the previous parties, a loophole, the Enugu lawmakers, have now exploited to make good their long-expected switch.

While presenting themselves to Peter Mbah, the Governor of the state, they added: “Regrettably, the party has evolved into state of perpetual discord with various factions embroiled in legal battles, thereby undermining its ability to effectively serve the interest of the people.

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“The Labour Party once a beacon of hope for progressive ideas have regrettably become synonymous with internal squabbles, thereby reducing its capacity to fulfil the aspirations of electorate.”

Citing the national leadership tussle between the factions of Julius Abure and Lamidi Apapa as well as the national treasurer as some of the crises within the opposition party, they expressed hope that the PDP would give them the platform to continue to serve the interests of their people and thanked the leadership of the Labour Party for their support.

The defectors include the Chief Whip of the House and member representing Igboeze North I, Ejike Eze; the leader of the House and member representing Enugu North, Johnson Ugwu; the member representing Enugu South Urban, Princess Ugwu; member representing Nsukka West, Pius Ezeugwu; member representing Igbo-Etiti East, Amuka Williams, and member representing Oji River, Osita Eze.

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After move through a motion for their defection was moved by Iloabuchi Aniagu and was seconded by Jane Eneh, Harrison Ogara, spokesman of the Assembly, also elected on the platform of the party, said though the lawmakers enjoyed freedom of association, they should know that there is a section of the Constitution that states that any member of a political party that defects to another political party without fulfilling the constitutional provisions for defection will automatically lose his or her seat.

Ogara insisted that there was no crisis at ward, local government, and state levels of the party in Enugu State as well as the national level of the party that would have warranted them to defect to another political party.

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