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SERAP to Buhari: Probe alleged misuse of security votes by governors

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The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami (SAN) and appropriate anti-corruption agencies to promptly and thoroughly investigate allegations of systemic mismanagement of security votes by state governors since 1999.”

“Anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any mismanaged public funds should be fully recovered”, SERAP said.

Buhari had in his 2022 New Year Message raised concerns about “the persistent insecurity in certain parts of the country,” and promised to “remain resolute in our commitments” to give “utmost attention to the problem.”

Contained in a letter dated 1 January 2022, signed by its deputy director, Kolawole Oluwadare, SERAP said: “The most satisfactory and effective way to demonstrate the oft-repeated commitments to address the insecurity in the country is to promptly and thoroughly probe persistent allegations of corruption in the spending of security votes by state governors.

“Probing the spending of security votes and ensuring accountability for any cases of corruption would improve the ability of your government to deliver on the promises to ensure the security of Nigerians, and to keep them safe.

The letter, further read in part, “Ending impunity for allegations of corruption in the spending of security votes and recovering any mismanaged public funds are matters of public interest.

“As revealed by a recent report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2 billion every year.

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“On top of appropriated security votes, state governments also receive millions of dollars yearly as international security assistance.

“Longstanding allegations of corruption and mismanagement of security votes have hugely contributed to the growing insecurity in the country, and the failure of authorities to effectively discharge their constitutional responsibility to ensure the security and welfare of their own people.

Its continued, “Pervasive tendency by public officers to regard or treat security votes given to them for security of the state as their personal entitlement or funds is antithetical to the Nigerian Constitution of 1999 [as amended] and international standards. Security votes should be used for improving the security situation in the states or returned to the public treasury.

“Successive governments have failed to effectively discharge their primary and constitutional responsibility to protect the lives and property of the Nigerian people. This is patently contrary to Section 14(2)(b) of the Nigerian Constitution, which provides that: ‘the security and welfare of the people shall be the primary purpose of government.

“Against the background of well-documented cases of abduction, killings and ongoing security challenges in several parts of the country, the time has come to end the culture of impunity for allegations of corruption and mismanagement of public funds meant to ensure the security of life and property of Nigerians.

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“Similarly, your government’s responsibility to guarantee and ensure the security and welfare of the Nigerian people is interlinked with the responsibility under Section 15(5) of the Constitution to ‘abolish all corrupt practices and abuse of office.’ This imposes a fundamental obligation to ensure accountability for the spending of security votes by state governors.

“While sitting state governors may enjoy immunity from arrest and prosecution, they do not enjoy immunity from investigation. Any allegations of mismanagement of security votes against sitting governors can and should be investigated pending the time they leave office and lose immunity. The findings of such investigation can also be the basis for initiating impeachment proceedings against any indicted governor.

“SERAP urges you to instruct the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor spending of security votes by the 36 state governors.

“SERAP notes that in your 2022 New Year Message to Nigerians, you raised concerns about ‘the persistent insecurity in certain parts of the country,’ and the effects on the socio-economic conditions of millions of people, as well as promised to ‘remain resolute in our commitments’ to give ‘utmost attention’ to the problem, and to address ‘human security at the grassroots.

“SERAP also notes your expressed commitment to give ‘the utmost priority to fighting corruption and other related offenses’ in any part of the country.

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“We would be grateful if the recommended measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Incorporated Trustees of SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest”, the letter concluded.

The letter was also copied to Mr Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice.

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Crime & Court

Court grants EFCC interim order to freeze over 1,000  bank accounts

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Justice Emeka Nwite of the Federal High Court Abuja has granted the Economic and Financial Crimes Commission (EFCC) an interim order to freeze 1,146 bank accounts owned by individuals and companies under investigation.

The investigation revolves around alleged offences related to unauthorised dealing in forex exchange, money laundering, and terrorism financing.

The judge’s decision came as a response to a motion presented by EFCC counsel, Ekele Iheanacho, during proceedings.

Justice Nwite stated, “That an order of this honourable court is hereby made freezing the bank accounts stated in the schedule below which accounts are owned by various individuals who are currently being investigated in a case involving the offences of unauthorised dealing in foreign exchange, money laundering and terrorism financing to the extent that the investigation will be for 90 (ninety) days.”

Moreover, the preliminary investigation uncovered a connection between these accounts and individuals exploiting virtual cryptocurrency exchange platforms to manipulate the value of the naira and launder proceeds from illegal activities.

Recognising the need to safeguard the funds in question during the investigation and potential prosecution, the judge emphasised the importance of preserving the identified bank accounts.

In light of these developments, Justice Nwite adjourned the matter to July 23, 2024, for further proceedings.

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The freezing order affects a wide range of companies across various sectors, including agro-businesses, logistics and haulage, microfinance banks, and engineering, among others.

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Crime & Court

Judgment Reserved in Baba Ijesha’s Sexual Assault Appeal

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The Lagos Division of the Court of Appeal has reserved judgment in the appeal filed by Nollywood actor, Olanrewaju James, widely known as Baba Ijesha, challenging his conviction by a State High Court over the sexual assault of a minor.

 

A three-man panel of the appellate court, led by Justice Folasade Ojo, reserved the appeal for judgment today after hearing arguments from both sides.

 

Baba Ijesha, in his notice of appeal, sought to overturn the judgment of the lower court, which on July 14, 2022, sentenced him to five years imprisonment for sexual assault on a minor.

 

Justice Oluwatoyin Taiwo (rtd) of the Lagos Domestic Violence and Sexual Offences Court convicted Baba Ijesha after finding him guilty of four out of six counts brought against him by the Lagos State government.

 

The counts included indecent treatment of a child and sexual assault, among others. However, he was acquitted of sexual assault by penetration.

 

In response to the conviction, Baba Ijesha’s counsel, Kayode Olabiran, argued that the prosecution failed to prove the allegations and claimed his client was set up, citing circumstances surrounding the incident.

 

Olabiran emphasized that Baba Ijesha’s confession was made under duress and urged the appellate court to set aside the lower court’s judgment.

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On the other hand, the Director of Public Prosecution, Dr. Babajide Martins, urged the court to dismiss the appeal, asserting that the conviction was valid and supported by evidence.

 

Dr. Martins also reiterated the victim’s age at the time of the incident, emphasizing her status as a minor under the law.

 

Following the arguments presented, the Court of Appeal reserved its judgment for a later date, leaving both parties awaiting the final decision on Baba Ijesha’s appeal.

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Crime & Court

Ex-Kogi Governor, Yahaya Bello Alleged of Withdrawing $720,000 for Child’s School Fees

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Recent developments have shed light on the ongoing investigation into the actions of the former Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC).

According to the anti-graft agency, Bello is alleged to have withdrawn $720,000 from the state’s accounts to prepay his child’s school fees just before leaving office on January 27, 2024.

Speaking to journalists at the EFCC headquarters in Abuja, Chief Ola Olukoyede revealed that Bello transferred the funds from the state coffers to a Bureau de Change operator for this purpose.

Olukoyede expressed incredulity at the move, highlighting the disparity between such actions and the socio-economic conditions in a state like Kogi.

“A sitting governor, because he knew he was leaving office, moved money directly from the government to Bureau de Change (and) used it to pay his child’s school fee in advance,” Olukoyede stated, emphasizing the sum involved and the implications for governance and accountability.

Olukoyede emphasized his commitment to ensuring the thorough prosecution of Bello, asserting that he would resign as EFCC chairman if the ex-governor is not brought to justice.

Also, he pledged to hold accountable those who obstructed the arrest of Bello during a recent operation at his residence in Abuja.

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The EFCC is pursuing charges against Bello relating to alleged money laundering, breach of trust, and misappropriation of funds totaling N80.2 billion.

Despite potential challenges and attacks against the agency, Olukoyede affirmed his resolve and that of his team to uphold the rule of law and combat corruption in Nigeria.

Yahaya Bello served as the governor of Kogi State from January 27, 2016, until January 27, 2024, when he handed over leadership to Usman Ododo of the All Progressives Congress (APC). Efforts by EFCC operatives to apprehend Bello on April 17, 2024, were reportedly thwarted when Ododo intervened and allegedly facilitated Bello’s escape.

In response, the EFCC declared Bello wanted and warned against any further obstruction of its operations, a stance supported by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, who urged Bello to surrender himself to the authorities.

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