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Court Adjourns Indefinitely EFCC’s Stay Of Execution Against Gov Bello

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Kogi State Governor, Yahaya Bello

 

The Federal High Court in Lagos has adjourned indefinitely an application filed by the Economic and Financial Crimes Commission (EFCC), seeking a stay of execution of the ruling that lifted a forfeiture order on some assets linked to the Kogi State Governor, Yahaya Bello.

Justice Nicholas Oweibo adjourned the hearing of the application sine die because the matter is now before the Lagos Division of the Court of Appeal.

 

On April 26, Justice Oweibo struck out a suit by the EFCC seeking the final forfeiture of the assets based on the provisions of Section 308(1) of the 1999 Constitution.

 

The Judge had held that “given the provisions of Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/ criminal prosecution, the court lacks jurisdiction to entertain the matter.”

 

When the matter was called on Monday, the EFCC counsel, Rotimi Oyedepo (SAN), informed the court that he had filed an application dated April 27 seeking a stay of execution of the ruling pending the outcome of the appeal on the case.

 

But in his response, counsel to the Kogi State governor, Akoh Ocheni, asked the court to strike out the application because the anti-graft agency failed to comply with the rules of the court, which mandates it to file a written address along with the application.

 

Ocheni also informed the court that the matter is now before the Court of Appeal as records of proceedings have been transmitted to the upper court.

 

He argued that the lower court lacked the jurisdiction to continue to hear the application.

 

After listening to the lawyers, Justice Oweibo adjourned the matter sine die to await the appellate court’s decision.

 

In Feb. 22, the judge granted a temporary forfeiture order following an exparte motion filed by the EFCC seeking to seize 14 properties located in Lagos, Abuja and the United Arab Emirates (UAE), as well as N400 million, allegedly recovered from one Aminu Falala.

 

The Court also directed EFCC to make publication in two national dailies for any interested parties to come up with 14 and to show cause why the order should not be made absolute.

 

After the publication of the preservative order by the EFCC, Governor Bello filed a Notice of Intention to oppose and an application seeking the vacation of the interim forfeiture order.

 

The Governor, through his lawyer, Abdulwahab Mohammed (SAN), also argued that the property listed were not proceeds of an unlawful act, as they were acquired long before he was elected as Kogi state governor and could not have been received from Kogi State funds.

 

He further submitted that the case was in flagrant disobedience to a state high court order which restrained the EFCC or any government agency from taking action that may lead to the forfeiture of the properties.

 

He stated that the interim forfeiture order was obtained by either suppression or misrepresentation of facts by the Commission.

 

The governor also said that the proceedings of the Crime Act could not take effect in retrospect as the property in dispute was acquired before he became Kogi state governor.

 

He said the validity of the crime act is being challenged at the Supreme Court.

 

On the issue of jurisdiction, the government stated that the properties listed were in Abuja, Kogi and UAE, and the personality involved is based in Lokoja, adding that the suit ought to have been instituted either in Abuja or in Kogi State. He, therefore, asked the court to vacate the case for lack of jurisdiction.

 

In his response, the counsel to the EFCC, Rotimi Oyedepo (SAN), maintained that the applicant had not placed sufficient materials before the court to convince the court to vacate the order.

 

Oyedepo also insisted that contrary to the Applicant’s submissions, the Kogi state high court or any other court in Nigeria has not stopped the EFCC from carrying out its constitutional duties.

 

He argued that while the governor enjoys immunity under Section 308 of the constitution, nothing stops the EFCC from investigating and preserving the proceeds of unlawful activities.

In his Ruling, Justice Oweibo agreed with the Commission that the Proceeds of Crime Act suit pending before the Supreme Court remains the law as the Apex court is yet to pronounce on the validity of the law.

 

The judge, however, held that given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/criminal prosecution, the court lacked jurisdiction to entertain the matter.

The court, therefore, struck out the suit for lack of jurisdiction.

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ISIS Nigeria: Many Killed In Fresh Airstrikes Attack 

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The United States Africa Command (AFRICOM) and Nigerian forces have carried out additional airstrikes against ‌Islamic State in northeastern Nigeria.

 

The attack followed the killing of of ISIS commander Abu-Bilal al-Minuki, who was eliminated alongside some of his men, on Friday.

In a statement, AFRICOM said No U.S. or Nigerian forces were harmed during the strikes.

Commenting on the operation, the Defence Headquarters said more than 20 ISIS/ISWAP fighters were killed.

According to the Director of Defence Information, Major General Samaila Uba, the operation targeted terrorist hideouts in Metele area of northern Borno, a known flashpoint for insurgent attacks.

In a statement, he said the strikes were based on credible intelligence indicating the movement and convergence of terrorist elements in the area.

The Defence Headquarters explained that the latest offensive is part of sustained counterterrorism operations in the North-East, aimed at dismantling insurgent networks and denying them safe havens.

“The ongoing operations follow the neutralisation of ISIS commander Abu-Bilal al-Minuki and are part of sustained efforts to disrupt terrorist networks, remove them from the battlefield and deny the terrorists any safe haven within Nigeria,” the statement read.

The military further reaffirmed its commitment to defending Nigeria’s territorial integrity, stressing that insurgents will continue to face decisive action.

“The Armed Forces of Nigeria will continue to aggressively defend the sovereignty, security and territorial integrity of the nation. Terrorists who threaten our citizens, communities and national stability will be located and defeated. There will be no safe haven for terrorists anywhere in Nigeria,” it added.

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Detained Activist, Justice Crack, Gets N5m Bail Gets N5m Bail 

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The Federal High Court sitting in Abuja has granted bail to social media activist Justice Chidiebere aka Justice Crack in the sum of N5 million Naira with one surety in like sum.

 

Justice Joyce Abdulmalik, while delivering ruling on Monday, held that the surety must reside within the court’s jurisdiction at a fixed address for at least four years and must provide valid proof of residence, including either a tenancy agreement or certificate of occupancy.

The court further ruled that the surety must be a federal civil servant not below Grade Level 15, with evidence of at least three months’ salary payments, a letter of authentication from the immediate head of department, and proof of pensionable employment.

In addition, the surety is required to depose to an affidavit of means and submit a recent passport photograph, while the defendant is to deposit his international passport with the court.

The case, marked FHC/ABJ/CR/253/2026, stems from his arrest by the Nigerian Army in late April after he posted viral videos criticising the feeding conditions of soldiers deployed to conflict zones.

He was later arraigned by the Department of State Services on a three-count charge bordering on cybercrime, breach of public peace and felony, to which he pleaded not guilty. The Attorney General of the Federation later took over prosecution of the case from the DSS.

The ruling followed weeks of legal back-and-forth, including delays in bail proceedings and a clash between members of his legal team over representation, which forced the withdrawal of an earlier bail application.

His arrest sparked widespread condemnation from human rights groups and activists, who alleged torture and enforced disappearance, while the Nigerian Army denied the claims, insisting the arrest was linked to alleged incitement and conduct capable of undermining military discipline and national security.

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Commotion As Gunshots Rock APC Senatorial Primary Venue

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The atmosphere was chaotic earlier today, Monday, during the All Progressives Congress (APC) senatorial primary election for Ondo Central Senatorial District as suspected thugs disrupted the exercise with sporadic gunshots at Ward 5, Ebenezer African Church Primary School, Amudipe Street, Akure.

 

The incident forced party members, journalists and residents around the area to flee for safety while voting was ongoing at the venue, which also serves as the polling unit of incumbent senator, Adeniyi Adegbonmire.

Other aspirants in the contest include former Secretary to the Ondo State Government, Taiwo Fasoranti, and retired military officer and legal practitioner, Olumuyiwa Adu.

Panic reportedly broke out after armed youths stormed the venue and fired gunshots into the air, forcing teachers and parents within the premises of African Church Primary School and St. Peters African Church Primary School to hurriedly evacuate pupils.

Journalists and party supporters were also seen scaling fences and running for cover as the exercise was abruptly disrupted.

Reacting to the incident, Senator Adegbonmire described the primary election as “a complete charade,” alleging that the violence was deliberately orchestrated to stop his supporters from voting after it became obvious he was leading at the polling unit.

He further alleged that the attackers shot at his vehicle, leaving visible bullet marks on it.

The senator also claimed that similar incidents were recorded in other parts of the senatorial district, alleging that supporters of certain aspirants were openly intimidated and prevented from participating in the exercise.

Adegbonmire called on the national leadership of the All Progressives Congress( APC) to intervene, describing the development as a deliberate attempt to manipulate the outcome of the primary election.

“The same thing happened last week, where voters were intimidated in the House of Reps primaries. Now we are witnessing this again in the Senate. So clearly, it’s a pattern and something has to be done about it,” he said.

Also reacting, Adu dismissed the exercise as a sham, alleging that armed youths openly threatened delegates during the primary.

He, however, said he restrained his supporters from retaliating in order to avoid violence, stressing that no political ambition was worth bloodshed.

Adu warned that recurring violence during APC primaries in Ondo State could deepen internal divisions within the party and negatively affect its future electoral fortunes if not urgently addressed.

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