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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.

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.

“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.

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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LAUTECH Strike: Alli Campaign Organisation Knocks Makinde Over Doctors’ Plight

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The Senator Sharafadeen Alli Campaign Organisation has criticised the Oyo State Governor, Seyi Makinde, over the prolonged strike by resident doctors at the Ladoke Akintola University Teaching Hospital, Ogbomoso.

The organisation said the strike, which has lasted for more than 30 days, was taking a toll on healthcare delivery and exposing what it described as the government’s failure to adequately address the welfare concerns of medical personnel in the state.

The Director of Media and Publicity of the organisation, Bisi Oladele, stated this in a statement issued on Sunday.

The organisation also expressed concern over the 21-day warning strike issued by the Association of Medical and Dental Officers of Oyo State over unresolved issues bordering on welfare, remuneration and conditions of service.

According to the group, the situation was worrisome because medical workers were being forced to embark on industrial action over issues relating to allowances, residency training funds and salary arrears.

It said the resident doctors were demanding the payment of outstanding Medical Residency Training Fund and six months’ Minimum Wage arrears, among other welfare-related issues.

The organisation said the prolonged strike had negatively affected medical services at the teaching hospital, with patients who could not afford private healthcare allegedly left with the option of waiting for services to resume or seeking alternative treatment.

“The SSACO is concerned about Governor Seyi Makinde’s failure to sit with the striking resident doctors and find a lasting solution to their demands.

“As the strike prolongs, the resident doctors feel maltreated, while the masses bear the brunt of government’s insensitivity.

“Healthcare delivery is a critical service which serious administrations treat with urgency and with the importance it deserves. With this prolonged strike, our resident doctors are feeling maltreated while the masses suffer.

“The medical and dental officers across state hospitals have also served notice of a warning strike. This combination is a signal of government failure in the health sector. It is unacceptable in our dear state,” the statement read.

The group maintained that the situation could worsen if the grievances of health workers were not urgently addressed, warning that further disruption of services could have serious consequences for patients dependent on public hospitals for affordable and specialised treatment.

It challenged the state government to engage the striking doctors and resolve the outstanding issues, accusing the administration of treating their complaints with insufficient urgency.

The organisation further said healthcare would occupy a priority position in Senator Sharafadeen Alli’s Oyo AHEAD agenda, promising improved welfare and working conditions for health workers.

“Health workers and other civil servants will not be denied their entitlements. They will enjoy training and retraining, and they will have facilities to work with,” it said.

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Independence: Alli celebrates Nigeria at 66, seeks support for Tinubu, APC candidates

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The Oyo State governorship candidate of the All Progressives Congress (APC), Senator Sharafadeen Abiodun Alli, has urged Nigerians to renew their faith in the country and support President Bola Tinubu and other APC candidates in the 2027 elections.

Alli made the call in his Independence Day message issued in Ibadan on Thursday to mark Nigeria’s 66th Independence Anniversary.

The APC candidate said the anniversary was not only a moment to celebrate the country’s freedom but also an opportunity for citizens to reflect on the sacrifices of the nation’s founding fathers and the responsibility of the present generation to build a better Nigeria.

He urged Nigerians to remain united and patriotic, saying the country’s challenges could be overcome through responsible leadership, collective action and commitment to national development.

Alli also appealed to Nigerians to support the Tinubu administration’s economic reforms, saying the government needed the cooperation of citizens to move the country from economic stabilisation to increased production, investment and shared prosperity.

He said, “We must never lose faith in Nigeria. Despite the challenges confronting the nation, our country remains endowed with enormous human and natural resources capable of making it one of the most prosperous nations in the world.”

The former senator particularly urged the people of Oyo State to support Tinubu and other APC candidates in the 2027 elections.

According to him, having an APC-led government in Oyo State would provide an opportunity for closer coordination between the state and Federal Government in the implementation of development programmes.

Alli said his aspiration to govern the state was driven by a desire to provide purposeful, inclusive and people-centred leadership.

He listed education, security, healthcare, agriculture, infrastructure, youth empowerment, economic development, workers’ welfare and local government autonomy among the areas his administration would prioritise if elected.

He said the state had significant potential in agriculture, commerce, industry, tourism and human capital, but required deliberate policies to translate those advantages into opportunities for its people.

“We are seeking the mandate to build an Oyo State where our children can receive quality education, our farmers can produce without fear, our young people can find opportunities and our communities can benefit from meaningful infrastructure.

“Our campaign is not about political power for its own sake. It is about service, development and restoring greater confidence in the ability of government to improve the lives of our people,” Alli said.

The APC candidate also called on members of the party across the 33 local government areas and 351 wards of the state to close ranks and work collectively for the success of the party’s candidates.

He urged party members to see the senatorial, House of Representatives and House of Assembly candidates as members of one team working towards advancing the interests of Oyo State.

Alli congratulated President Tinubu, the Federal Government, state and local governments as well as Nigerians on the Independence anniversary.

He prayed for peace, security and prosperity in the country and urged citizens to remain hopeful and committed to the task of nation-building.

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‘Today, we celebrate Olubadan Ladoja’s wisdom, service at 82’ – Oseni

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Oyo South Senatorial Candidate of the All Progressives Congress (APC), Hon. Aderemi Oseni has congratulated the Olubadan of Ibadanland, Oba Rashidi Ladoja, on his 82nd birthday.

Oseni, who represents Ibarapa East/Ido Federal Constituency in the House of Representatives, in a statement issued by his media aide, Idowu Ayodele, on Friday, described Oba Ladoja as an elder statesman whose years in public service had left a mark on Oyo State.

According to the lawmaker, Olubadan ‘s birthday is an opportunity to celebrate his long years of service and his contributions to the development of Ibadan and the state.

He said, “I warmly congratulate Kabiyesi, Oba Rashidi Ladoja, on his 82nd birthday. Eighty-two years is no small achievement. Beyond the celebration, it is a time to appreciate a life of service, experience and commitment to the people.

“Kabiyesi has served in different capacities and has remained an important figure in the history of Oyo State. Today, we celebrate his wisdom, experience and contributions to Ibadanland.”

The APC chieftain said the monarch ascension to the throne of Olubadan had added another dimension to his years of service to the people.

He said the traditional institution remained central to the history and identity of Ibadanland.

“Leadership comes with responsibility, and Kabiyesi has taken on this responsibility at a very important stage of his life.

“As he clocks 82, I pray that God will continue to give him good health, wisdom and the strength to serve his people. I wish Kabiyesi many more years in good health and peace. May his reign continue to bring unity and progress to Ibadanland,” Oseni said.

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