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Court okays EFCC ’s power to freeze suspicious accounts

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The Court of Appeal in Abuja has affirmed the power of the Economic and Financial Crimes Commission ( EFCC ) has the power to freeze suspicious accounts.

The court said the anti-graft agency can direct banks to suspend operation of accounts suspected to have been used for criminal activities, or any account of into which slush funds and proceeds of crime have been deposited.

The court, however, said such a directive by the EFCC to banks must be followed by an order of a court for interim freezing, which it must obtain from a competent court, to enable it conduct investigation to ascertain the origin of the funds.

The appellate court said these in a unanimous judgment by its three-man panel on an appeal by Messrs A. R. Security Solutions Limited, which challenged the refusal by a Federal High Court in Abuja to vacate an interim freezing order earlier granted against it.

Justice Binta Nyako of the Federal High Court, Abuja had on January 25, 2016, granted an ex-parte application by the EFCC for, among others, an interim freezing order on A. R. Security accounts with Heritage Bank.

R Security applied to the court to have the order set aside, a request Justice Nyako, in a ruling on April 22, 2016, refused, prompting the company to approach the appellate court.

Justice Mohammed Mustapha, who prepared the lead judgment of the appellate court, resolved the sole issue raised for determination against the appellant.

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The issue was whether the trial court was right to have held that the EFCC could obtain an order of court to temporarily freeze the appellant’s account, once the account is the subject of investigation.

Justice Mustapha said while the EFCC was empowered, under sections 28 and 29 of its establishment Act to trace, attach and apply for interim freezing order on such suspicious accounts, the court, under Section 44(2)(k) of the Constitution, was empowered to grant such interim injunction.

He said: “The respondent ( EFCC ) clearly bears the burden of establishing that there is a prima facie evidence that the property in issue is liable to be forfeited on account of its being proceed of crime.

“That burden is discharged once there is an arrest for an offence under the Act ( EFCC Act), and the respondent traces the assets and attaches the property of the accused person acquired as a result of economic and financial crimes. That done, the respondent is entitled to an interim attachment order by the court.”

Justice Mustapha agreed with the appellant that the EFCC must show that the origin of the suspicious funds is illegal.

He added: “If bank accounts have to be investigated with any degree of success for the purpose of tracing criminality in transactions, how else can that be done without exercising some degree of control over the account?

“It stands to logic and common sense that any serious investigation of criminality in a bank account has to first and foremost start with taking control of the bank account or at least putting restraints on the account; anything short of that will be quixotic, because funds in the account investigated will simply take a flight. That is the logic behind sections 28 and 29 of the Act.

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“Prima facie proof starts, for the purpose of the Act, with arrest of the accused person for financial and economic crimes, which now denotes, at this stage, that the monies in the account are likely proceeds of crimes, and therefore, liable to forfeiture, thus necessitating the grant of the interim order.

“It is for these reasons that the money in the accounts is fair game, because that attachment and proper investigation of such accounts will assist the respondent (EFCC) in prosecuting the accused successfully or consequently lead to the discharge of the order, depending on how the investigation goes.

“The need for credible evidence, showing the money to be proceeds of crime, underscores the necessity for the respondent’s mandate to ‘immediately trace and attach’ the property.”

He added that the grant of the interim order by the court was to enable the EFCC conduct a holistic investigation on the account to enable it establish whether or not the origin of the funds in the affected account was illegal.

“It has to be pointed out that ultimately, it is for the same reason that the grant of interim order becomes necessary, as it explains the necessity for the respondent to have, not only access, but control of the account, by having it frozen, anything else might end up being pyrrhic for the respondent,” Justice Mustapha said.

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Other members of the panel – Justices Abubakar Datti Yahaya and Tani Yusuf Hassan – agreed with the lead judgment a copy of which was seen by The Nation.

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Kidnappers Must Be Treated As Terrorists – Tinubu Declares

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In a stern address at a Ramadan dinner with members of the Federal judiciary, President Bola Tinubu declared that individuals involved in despicable crimes such as kidnapping must be treated as terrorists.

The President, speaking passionately, reiterated the government’s unwavering commitment to defeating banditry, labeling those who engage in kidnapping as cowards incapable of confronting the might of the Nigerian Armed Forces.

“We must treat kidnappers as terrorists,” President Tinubu asserted, as reported by his spokesman, Ajuri Ngelale. “They are cowardly. They have been degraded. They look for soft targets. They go to schools and kidnap children and cause disaffection. We must treat them equally as terrorists in order to get rid of them, and I promise you we will get rid of them.”

The President made these remarks during the dinner attended by serving and retired judicial officers, including notable figures such as former Chief Justices of Nigeria, Justice Mahmud Mohammed, and Justice Walter Onnoghen.

The event provided a platform for discussions on various issues, including the escalating security challenges faced by Nigeria, particularly in the North-West and North-East geopolitical zones.

Nigeria has grappled with terrorism, banditry, kidnapping, and oil theft, with the aforementioned regions experiencing a surge in insurgent and bandit attacks over the last decade.

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President Tinubu’s government has remained steadfast in its stance of not negotiating with bandits, despite the continued abduction of schoolchildren and residents for ransom.

The recent mass abduction of 137 schoolchildren from Kuriga in Kaduna State serves as a stark reminder of the ongoing security threats.

The President also addressed the need for judicial reforms and improved welfare for judicial officers.

Recognising the challenges faced by the judiciary, President Tinubu pledged to implement necessary reforms to enhance the welfare and working conditions of judicial officers. He emphasised the importance of fair compensation and support for the judiciary, acknowledging their pivotal role in upholding the respectability of the judicial arm of government.

In response, Chief Justice of Nigeria, Justice Olukayode Ariwoola, commended President Tinubu for his commitment to judicial reforms and for hosting the Ramadan dinner in honour of judicial officers.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, also expressed gratitude to the President for forwarding the executive bill aimed at addressing the stagnant state of judges’ salaries and allowances since 2007.

President Tinubu’s declaration underscores the government’s resolve to combat insecurity and hold perpetrators of heinous crimes accountable.

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Abiodun Unveils 50% Discount Rice Scheme to Aid Ogun Residents

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Governor Dapo Abiodun of Ogun State has said that his administration will commence the sale of rice at half the market price across the state to alleviate the prevailing economic challenges in the country..

Addressing attendees at a special Iftar organised for the League of Imams and Alfas in Abeokuta, Governor Abiodun emphasised the importance of alleviating the economic burden on the public, particularly civil servants.

He stated, “We have decided to commence the sale of rice. We will be selling it at the rate of 50% of the actual price.”

Highlighting the significance of restoring the purchasing power of public servants, the governor affirmed that the initiative aims to counter the impact of inflation.

He asserted, “What we are trying to do is put them in the position they were before the inflation.”

The governor disclosed the establishment of a committee to oversee the distribution of rice to residents, ensuring transparency and accessibility.

He emphasised the sustainability of the programme, stating, “If we sell at the price it was sold before it becomes expensive, it will allow us to use the money to buy more and continue to sell.”

Also, the governor pledged free rice distribution to the less privileged segments of society, including the poor, elderly, and vulnerable individuals.

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Encouraging Muslims to uphold virtuous behavior beyond the fasting period, Governor Abiodun urged continuous prayers for the well-being of the state and the nation.

He reiterated his commitment to constructing a modern secretariat for the League of Imams and Alfas, promising a landmark facility that would set a standard for other states.

In recognition of his efforts towards peace and empowerment, Governor Abiodun was honoured with the title of Ambassador of Peace in Islam during the event.

Attendees also offered special prayers for the upcoming 72nd birthday celebration of President Bola Tinubu, scheduled for March 29th.

Imam Tajudeen Adewunmi, the Secretary of the League of Imams and Alfas, commended Governor Abiodun for his dedication to empowering Muslim youths and fostering goodwill within the community.

 

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Makinde’s Ibadan Circular Road Project, A Monumental Fraud – Says Oyo APC

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The All Progressives Congress (APC) in Oyo state has cried out over alleged monumental fraud which the party claimed it discovered in the partial execution of the Ibadan Circular Road Project, warning the administration of Governor Seyi Makinde that the unabated corruption being perpetrated by the ruling People’s Democratic Party (PDP) could plunge the state into irredeemable doom in the nearest future.

At the commissioning ceremony which took place at Badeku Junction on Ife-Ibadan Express Road last Friday, Governor Makinde announced that the Ibadan Circular Road Project which, according to him, was the largest investment in Oyo state in 50 years had cost a whooping sum of N300billion.

Anambra state governor, Prof. Charles Soludo, was the Special Guest of Honour at the event.

In a reaction which was contained in a statement issued today and made available to journalists in Ibadan by its Publicity Secretary, Olawale Sadare, Oyo APC queried the governor on the rationale behind the government’s redesign of the road project to occupy 425 meters as setbacks in both sides when the standard measure for any Trunk ‘A’ road does not exceed 60 meters across the globe.

“So, the ongoing indiscriminate demolition of properties of poor citizens is to serve the interest of the governor and his cronies”.

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“Many questions are begging for answers as far as this matter is concerned; how did Governor Makinde spend N300billion on less than a quarter of the whole project when his predecessor, late Senator Abiola Ajimobi, had awarded the contract for its design, construction, and completion as well as payment of compensation to those who might lose their properties to construction activities at a total cost of N70billion in June 2017 while the contractor had done about 20 percent of the work before he was sent away when the PDP government came on board in 2019?

“In July 2021, Governor Makinde announced that he had re-awarded the same project to another contractor at a total sum of N138.2billion but last Friday when a stretch representing about a quarter of the whole project was being commissioned (for suspended use by the public), the governor claimed the completed portion had gulped N300billion. The entire circular road project was designed to cover 110 kilometers and the whole world wants to know the fraction which has now cost N300billion to be done and also, how much the remaining three quarters would cost.

“Meanwhile, tongues would continue to wag on the issue of the large expanse of land forcefully acquired from the owners in the name of road construction. The fact remains that the people of the state cannot trust a government that is popular for land fraud as is the case in Ajia, Wofun, Bashorun, Bodija, and Land Lagos Express Road among others in the last four years. Those hapless landowners are accusing Governor Makinde of a surreptitious plan to seize their land and later sell it to some strangers from the East.

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“Another issue of concern is that of the supposed Agodi-Gate Junction Improvement project which has been identified as another conduit to siphon the resources of the state. All the state is doing is evacuating roadside traders, clearing some blocked drainages, laying light asphalt, and installing traffic lights, then later claiming several billions of naira as the cost of the exaggerated repair works on the popular junctions at Ibadan Civic Centre and Agodi-Gate.

“The sad thing is that the proceeds of these inflated contacts end up in private pockets without any trace. This kind of funds is what some governors in other states are using to rejig agriculture, fix the education sector, and address hardship among the masses among other things in their domains. Public primary and secondary schools are in dire need of subject teachers, virtually all the inner and access roads are in bad shape, no public tap water anywhere in the state, the population of the poor increases every day, and yet, Gov. Makinde mis-appropriates scarce resources to the detriment of the welfare of the people. This has to stop.” APC said.

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