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Alleged fraud trial: Court rejects EFCC’s additional evidence against Emefiele

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Former governor of CBN, Godwin Emefiele

 

By Abdul-Ganiyy Akanbi

A High Court of the Federal Capital Territory (FCT), in Abuja, has rejected the additional proof pof evidence brought by the Economic and Financial Crimes Commission (EFCC) against former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele in the alleged procurement fraud trial brought against him.

The additional proof of evidence filed on October 15, 2024 by the EFCC was seeking to introduce fresh evidence against Emefiele, more than 365 days when the charges against him was filed.

It also sought to bring two witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge that had been filed in August 2023.

Delivering ruling on Thursday in a motion on notice filed by Emefiele to object to the action of the EFCC, Justice Hamza Muazu held that the anti-graft agency had on February 12, 2024, first filed additional proof of evidence against the former CBN governor to accommodate the evidence of a former Secretary to the Government of the Federation, Mr Boss Mustapha and one Bamayi Haruna Mairiga.

The judge who noted that the charge against Emefiele was filed since August 14, 2023 and his plea taking on November 16, 2023, said that the action of the EFCC had a resemblance of denial of fair trial because the former governor of CBN was not confronted with the new evidence during investigation as required by law.

Justice Muazu said that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.

In the ruling, the judge agreed that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing is being breached.

Justice Muaza held that the position of the law, is that the charge was filed upon the completion of investigation and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.

The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and therefore speculative as claimed by Emefiele.

Justice Muaza said that the charge cannot be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed.

The judge that having gone so far, justice would be served if the trial is completed on its merit and final judgment delivered in the matter.

He also declined to expunge the evidence of Boss Mustapha and Bamayi Haruna Mairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.

Emefiele had in the motion argued by his lead counsel, Mr Mathew Burkaa, SAN complained that the evidence of Mustapha and Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.

Meanwhile, Justice Muaza has fixed June 3, for continuation of trial in the charge marked: FCT/HC/CR/577/2023.

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Editorial

Senate vows to criminalise use of chemicals to ripen fruits *urges NAFDAC, Agric Ministry to investigate chemical ripening of fruits 

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Senate at plenary session

 

By George Mgbeleke

Alarmed at the damage caused by chemicalized fruits in the health of the citizenry,Senate on Wednesday at plenary condemned the harmful effect of using chemicals to ripen fruits that are sold in the nation’s markets and directed National Agency, Food Drug Administration and Control (NAFDAC), Ministry of Agriculture and Consumer Protection Agency to investigate such unwholesome practices and bring culprits to book.

It also urged NAFDAC, Ministry of Agriculture and Food Security, and Consumer Protection Agency to increase the level of awareness by continuous sensitization and public enlightenment on the hazardous implications of chemical ripening of fruits.

Senate further mandated NAFDAC and Nigerian Custom Service to ensure that imported fruits especially apples are not preserved with harmful chemicals

The Red Chamber also urged NAFDAC and Consumer Protection Agency to commence regular visits to fruits markets to check the practice of chemical ripening of fruits.

Mandated the Agencies to investigate the practice with an intention to halt the continuous unwholesome practices of chemical ripening of fruits among fruit sellers in Nigeria

These resolutions of the Senate follow a motion by Senator Anthony Ani(Ebonyi south)tagged “Urgent need to investigate with an intention to halt the continuous unwholesome practices of chemical ripening of fruits among fruit sellers in Nigeria”

In his lead debate, Senator Ani
noted that ripening of fruits is a natural physiological process that makes fruits sweeter, more palatable, edible, nutritious, softer and attractive.

According to him,Fruits ripening is a highly regulated irreversible process that involves highly coordinated, complex biochemical and physiological changes.

He noted that artificial ripening of fruits involves the external application of chemicals and other agents to achieve faster and more uniform ripening of fruits.

The lawmaker observed that “among the widely used artificial ripening agents, are ethylene and methyl jasmonate which have been reported to be non-toxic for human consumption, but in many developing countries (Nigeria inclusive), low-cost and harmful chemicals such as calcium carbide, ethylene glycol, and ethephon are reported to be commonly used to artificially trigger the ripening processes of fruits.

“Informed that the cosmetic quality of artificially ripened fruits will increase but organoleptic qualities (taste, colour and smell), nutrition value and shelf life are depreciated when fruits are subjected to treatment without considering maturity status.”

He expressed great concern that nutrition experts and regulatory agencies such as NAFDAC, Pharmaceutical Society of Nigeria, etc, have warned against fruit ripening with calcium carbide, describing it as a harmful practice that endangers human lives.

He added that “Calcium carbide contains impurities such as arsenic, lead particles, phosphorus, etc., that cause several health hazards such as cancer, heart, kidney and liver failure, neurological disorders, intestinal problems, skin damage, mouth ulcers, etc.

“Sad that the practice of ripening of fruits with dangerous chemicals have been on the increase among fruit sellers in Nigeria.

“Further sad that many of these fruit sellers are ignorant of the health hazards posed by the consumption of artificially ripened fruits but driven by the incremental profit made as most customers prefer to patronize the artificially ripened fruits due to its enhanced cosmetic appearance not knowing that they are buying poison.”

In their contributions senators Sadiq Umar,Osita Izunaso,Adams Aliyu Oshiomhole and Deputy President of the Senate, Senator Barau Jibrin lamented the dangerous effect of chemicalized fruits in most Nigerian markets.

According to the lawmakers NAFDAC should be blamed for allowing the unwholesome practices to continue to grow in the country.

Senator Jibrin directed NAFDAC to engage in random checks on fruits sellers in the nation’s markets with a view to fishing out culprits among them for prosecution.

In his remarks, President of the Senate, Godswill Akpabio who lamented the increasing death tolls recorded from those who suffered from cancer,liver and other diseases caused by chemicalized fruits.

He stressed the need for the sponsor of the motion to go beyond motion and amend it to bill to regularize NAFDAC to ensure stiff penalty for offenders of chemicalized fruits.

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Editorial

Pro-Wike group appaulds judiciary as member regains freedom

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Georger Turnah

By David Owei, Yenagoa.

The pro-Wike political group, the New Associates in Bayelsa, has applauded the Judiciary for not yielding to intimidation in the case involving its member, Ms Awudumu Reigneth.

Judicial logo

Reacting to Reigneth’s release after meeting her bail conditions, the convener and lead of New Associates, Georger Turnah, commended the Judiciary for demonstrating its strong independence in the face of intimidation.

Turnah, in a press statement signed by his media assistant, Kevin Loveday-Egbo, stated that Chief Magistrate Baitmizimo demonstrated exceptional courage.

‘’We would also like to commend Chief Magistrate Obiri Baitimizimo for her courage and boldness in ensuring justice, even in the face of obvious intimidation. The Bayelsa State Judiciary has once again demonstrated its independence and integrity by not yielding to the grand plan of Diri’s administration to keep Reigneth incarcerated as punishment for exercising her rights to free speech and expression. The courageous decision made by the magistrate to grant bail in the most liberal terms underscores the importance of a functional judiciary in safeguarding democracy, which is an exemplary high for the State Judiciary.’’

Turnah, while also commending Reigneth for ‘’unwavering courage and determination in the face of oppression’’ also applauded the professionalism and commitment of the legal team.

He however, expressed disappointment that” oppressive tactics and intimidation have become the hallmarks of the Diri-led prosperity administration’’ and implored the government to face serious issues of governance.

‘’As we celebrate Reigneth’s freedom, let us remain steadfast in our commitment to justice, equality, and democracy for all Bayelsans. Together, we will overcome the challenges posed by this current administration and build a state that reflects the hopes and aspirations of its people.

 

” We call on Governor Diri to focus on serious issues of governance, particularly the insecurity that is ravaging our State, rather than dissipating energy on targeting perceived enemies and wasting public funds on political battles. It is time to put the best interests of Bayelsans first.’’

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Editorial

DSS pledges to partner with FIDA in Niger state to combat child abuse

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By Naseer Uthman-Baba, Minna
The Director Niger State Command of the Department of State Security Service (DSS) Alhaji Usman Bello Hussain has pledged his command preparedness to partner with the International Federation of Women Lawyers (FIDA), in Niger State,in the Protection of  Gender Base Violence in the state.
He assured  the Service  readiness in ensuring the Protection of the right of girl-child and women against any forms of molestation in Niger state
According to the state director of the service, FIDA as a Professional body and non governmental organization that is saddled with the responsibility of the Protection of girl-child,women vulnerables and gender based related cases,” we are ready to partner with your association to realize your objectives”.
Receiving the executive members of FIDA in his office in Minna,Thursday,Alhaji Usman Bello noted that the Command under his leadership will continue to collaborate with any relevant association that will bring to his knowledge any issues that will undermine the security of the state and the generality of the citizens.
He underscores the increasing involvement of under-aged girls and women in all sorts of social vices that is inimical to the Society describing the trend as unacceptable.
He pointed out that he has been working with FIDA in his various places of assignment before his deployment to Niger state assuring that FIDA in Niger State will continue to enjoy his partnership towards ensuring crime free among women and girl-child  in Niger State.
” I have worked with your colleagues in my various commands. FIDA are always part of my various commands. They are always in my office when I was in Maiduguri and other commands that I served before my deployment to Niger State.
” FIDA in Niger State will not be an exception. My office is open to you at any time you can just work in so that the partnership will continue” he assured.
Speaking earlier,the chairperson the Ñiger State chapter of FIDA,Mrs Bolanle Jibogun told the the director that they were in his office as part of the ongoing advocacy visits to relevant agencies in the state Particularly the security agencies.
 The visit she disclosed is to inform the state command of the new law already passed into law by the National Assembly which is yet to replace the outdated penal code in the country.
Jibogun explained that the new law known as  violence against persons (VAP) if domesticated in Niger State will replace the penal code which according to her has not served it purpose of punitives to offenders.
She described the penal code as archaic which according to her has suffered to serve the real purpose of punishing any offenders that was charged under it ,in the court
Mrs Bolanle Jibogun told the director that the advocacy visit was to formally introduce the new law to the director to peruse and aquit his command with the law with a view to commencing the use of the VAP law in the prosecution of offenders..
” We are in your office  as part of our ongoing advocacy visit to formally introduce the new law to your command.
” The violence against Person law VAP if Fully domesticated in Niger State,it will replace the already archaic penal code. This new law carry more severe punishment than the penal code.
” The VAP carry all aspects of sections that will even carry more conviction and sentencing than than the penal.We are here in your office to Present a copy to your legal department” she told the director.
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