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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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BREAKING: Court Nullifies NDC Registration

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A Federal High Court in Lokoja, Kogi State, on Friday set aside its earlier judgment directing the Independent National Electoral Commission (INEC) to register the Nigeria Democratic Congress (NDC) as a political party.

 

Justice Isah Dashen, the presiding judge held that all relevant parties must be heard before any substantive decision can be made in the matter.

The court upheld the application filed by the Peace Movement Party (PMP), ruling that the party was a necessary party to the suit.

According to the judge, the earlier judgment was constitutionally defective as it was delivered without hearing from all interested parties.

He declared that such an omission rendered the entire process null and void.

Justice Dashen further ruled that the status quo be restored to what it was before the December 2025 judgment, pending the determination of the substantive suit.

He also observed that certain material facts were suppressed in the earlier proceedings, which justified the decision to set aside the judgment.

Consequently, the court ordered that the substantive suit should begin afresh, with INEC, the PMP and the NDC as parties to the case.

Counsel to the applicant, Chikezie Ekeocha, told journalists that the PMP approached the court after discovering that NDC’s registration was based on a logo it had previously submitted to INEC before the commencement of the suit.

According to Ekeocha, the court agreed that the applicant’s rights had been affected and consequently vacated the earlier judgment.

“The court has ordered all parties to return to the position they occupied before the judgment of December 10, 2025, and directed the claimants to join all necessary parties to ensure the issues in dispute are effectually and completely determined,” he said.

He explained that the implication of the ruling is that every action taken by INEC in compliance with the now-vacated judgment stands reversed.

“The recognition of the NDC, the issuance of its certificate of registration, its inclusion in INEC’s records, and any appearance on ballot papers arising from that judgment must be withdrawn pending the final determination of the substantive suit,” Ekeocha stated.

He, however, clarified that the substantive case remains before the court and has not been decided.

“The matter has not been concluded. The court merely set aside its previous judgment and directed that the party whose interests were affected be joined so that all sides can be heard before a fresh decision is reached.”

Ekeocha also dismissed suggestions that the court merely ordered parties to maintain the status quo, insisting that the ruling specifically directed a restoration of the position that existed before the December 10, 2025 judgment.

The ruling effectively returns the dispute over the registration of the NDC to the Federal High Court for a fresh hearing, with all relevant parties expected to participate before a new determination is made.

 

 

 

(NAN)

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W/C Round Of 32 Matchup: Brazil vs Japan, Netherlands vs Morocco

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The FIFA World Cup group stage has concluded, with the Netherlands securing first place in Group F and Japan finishing second. According to the knockout stage bracket, the top two teams from Group F will face the top two teams from Group E.

 

Two more Round of 32 matchups have been confirmed: Brazil vs. Japan and Netherlands vs. Morocco. The first Round of 16 matchup was announced yesterday, featuring South Africa vs. Canada.

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International News

‘Please Stop The Nonsense’ – Germany Coach Tells Journalist After Ecuador Defeat

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Julian Nagelsmann defended question marks surrounding Germany’s commitment during their defeat by Ecuador, telling journalists: “Please stop the nonsense!”

Germany, already guaranteed top spot in Group E, were beaten 2-1 in their final group outing, as their opponents came from behind to snatch all three points at New York New Jersey Stadium.

Nagelsmann’s side saw their 11-match winning streak brought to an end, while they have now failed to register a clean sheet in any of their last nine games at the finals, equalling their longest streak along with their opening nine matches across 1934 and 1954.

And since the start of the 1998 World Cup, this was just the second time Germany had lost a game at the tournament in which they opened the scoring (W25 D2) following a 1-2 loss to Japan in 2022.

While not impressed by his players’ performance, he was quick to reject claims it was due to a lack of commitment, with their place in the knockout phase already secured.

“Please stop the nonsense, honestly!” Nagelsmann told reporters. “Didn’t the boys want to go full throttle?

“Of course, we made different changes than we might have done in moments when we urgently needed another goal.

“But we can’t tell any player that he didn’t step on the gas, that’s far too striking for me.

“We have to learn that after a good start and an early lead, we can play with more composure, instead of suddenly switching positions too much. We just need to be more patient and stay a bit more structured in our positions.

“We deliberately made a lot of changes. You could see that we also had a few tired legs. You can’t blame anyone for the fact that everything is a little slower and takes longer. We trust every player in the squad, and have to give the players the chance to show that.”

Coincidentally, it was in New York that Germany crashed out of the 1994 World Cup after surrendering a lead, losing 2-1 in the quarter-finals against Bulgaria at the Giants Stadium.

Joshua Kimmich, who won his 113th cap to move to joint-eighth with Philipp Lahm on his nation’s all-time list, conceded the four-time world champions were worthy losers against Ecuador.

“We started well, but then we gave the ball away too cheaply and kept inviting them on,” he added.

“We made it easy for them and let them grow into the game. In the second half, the defeat was deserved.”

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