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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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Red Cross Declares Over 1,500 People Missing In A Nigerian State

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The International Committee of the Red Cross (ICRC) says it is following up on more than 1,500 cases of missing persons in Yobe State, as families continue to live with uncertainty over the fate and whereabouts of their loved ones.

 

The Head of the ICRC Sub-Delegation in Damaturu, Syed Rashid Hassan, disclosed this on Thursday at an event organised to commemorate the 2026 International Day of the Disappeared in Damaturu.

Hassan said the figure was part of more than 17,000 missing-person cases being followed up by the ICRC in Nigeria, adding that more than half of those reported missing were children at the time of their disappearance.

He said the figures likely represented only a fraction of the total number of people reported missing across the country.

According to him, more than 513,000 people worldwide were registered as missing with the Family Links Network of the International Red Cross and Red Crescent Movement by the end of 2025.

He described missing persons as one of the most devastating and long-lasting consequences of armed conflict and other situations of violence, disasters and migration.

“The issue of missing people is one of the most devastating and long-lasting consequences of armed conflict and other situations of violence, disasters and migration,” he said.

Hassan said the consequences of disappearance went beyond the missing individuals, as families were left with emotional, economic, legal, administrative, psychological and psychosocial challenges.

He said the ICRC had adopted a holistic approach to supporting affected families, working with the Nigerian Red Cross Society, government authorities and other stakeholders.

He said the organisation was working to prevent family separation and people going missing, reunite families, clarify the fate and whereabouts of missing persons, protect the dignity of the dead and improve systems for documenting unidentified bodies.

He disclosed that the ICRC launched an accompaniment programme in Damaturu to help families cope with the psychological and psychosocial effects of the disappearance of their loved ones.

“Today, many families are still living in uncertainty, causing agony and unspeakable suffering,” Hassan said, adding that more than 50 families had so far been supported through the programme.

The ICRC official called for stronger and sustained efforts to search for missing persons and provide answers to their families.

He also called for stronger national legal and institutional frameworks, including medico-legal systems, mechanisms to determine what happened to missing persons and support systems to address the economic and legal needs of affected families.

Hassan commended the Yobe State Emergency Management Agency (SEMA), the Ministry of Justice’s Justice Sector Reform Team, the Ministry of Basic and Secondary Education through the Yobe State Universal Basic Education Board (YBSUBEB), as well as community leaders, for supporting efforts to address the plight of missing persons and their families.

He said SEMA had supported the implementation of a national mass-fatality response plan in the state, while the Justice Sector Reform Team was reviewing the coroner’s law.

He also said YBSUBEB had accepted to incorporate key messages on prevention of family separation into activities in primary schools.

Speaking on behalf of families of missing persons, the Chairman of the Families of the Missing, Ali Idris, said families continued to live between hope and uncertainty while waiting for answers about their loved ones.

Idris said the absence of answers affected their emotional wellbeing, livelihoods and family relationships, making it difficult for many to move forward.

He expressed appreciation to the ICRC for supporting families through tracing efforts, family reunification and its accompaniment programme, including mental health and psychosocial support sessions.

He also appreciated traditional, religious and community leaders, as well as government ministries and agencies, for supporting efforts to address the issue.

However, Idris appealed to authorities to open their doors to families of missing persons and provide stronger and more coordinated support.

“Our needs go beyond finding our missing loved ones. Yes, we need answers. We need continued efforts to search for and clarify the fate and whereabouts of those who are missing.

“But we also need support for the families who have been left behind,” he said.

He said families faced emotional distress, economic hardship, legal and administrative challenges and difficulties in accessing documentation following the disappearance of their loved ones.

The International Day of the Disappeared is commemorated annually on August 30 to honour missing persons and stand in solidarity with their families.

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11 Rescued As Several NYSC Members Abducted

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Several members of the National Youth Service Corps (NYSC) were abducted on Wednesday along the Aloma-Egane Expressway in Ofu Local Government Area of Kogi State, with the police confirming the rescue of 11 victims.

 

The corps members were reportedly travelling from the NYSC orientation camp in Kolokuma/Opokuma Local Government Area of Bayelsa State when armed men attacked their vehicles.

In a statement made available on Friday, spokesperson for the Kogi State Police Command, Saliu Afusat, said security operatives launched a rescue operation immediately after receiving a distress call.

According to her, the operation led to the rescue of 11 abducted victims, including the drivers of the two buses involved in the incident.

She said preliminary debriefing showed that most of the rescued victims were NYSC members travelling from Bayelsa State to Abuja.

Afusat said the incident occurred at about 4:40pm around Ogene Zaria, near the Ogene Zaria/Onicha-Igo Junction, when armed hoodlums emerged from the bush, blocked two buses travelling in opposite directions and abducted some passengers.

“Upon receipt of the distress call, the Divisional Police Officer, Ofu, led a joint security team to the scene, where two abandoned vehicles — a Peace Mass Transit white Hummer bus and a yellow 18-seater bus — were recovered,” she said.

She added that a coordinated bush-combing and rescue operation was subsequently launched, resulting in the recovery of the 11 victims.

The rescued persons were debriefed and, after necessary procedures, allowed to continue their journey, according to the police.

The command did not disclose the exact number of people abducted in the attack, while efforts to ascertain the number of NYSC members still in captivity were ongoing.

Afusat said the police and other security agencies had deployed “every available operational and intelligence resource” to locate and rescue any remaining victims and apprehend the assailants.

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2027: Courts Should Not Decide Election Winners – Falana

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Human rights lawyer, Femi Falana, on Wednesday declared that courts should not be allowed to determine the winners of elections in Nigeria.

 

Falana insisted that the involvement of the judiciary in Nigeria’s democratic process should be limited because it’s making a mockery of the citizen’s choices.

Speaking on Arise Television’s Sunrise Daily, the activist lawyer noted that there are no indications that the judiciary is positioned to address the challenges that could arise in the 2027 general elections.

According to Falana: “There is no indication yet that the Nigerian judiciary is positioned to address some of the challenges that may emanate with respect to some of the elections likely to take place in January and February next year.

“For me, the first matter to address is the role of the judiciary in the electoral process in Nigeria. We must stop the practice whereby the court determine the winners of the election in Nigeria.”

Falana insisted that the judiciary should not be allowed to hide under technicalities to make a mockery of those duly elected by Nigerians.

He stressed on the need for the Independent National Electoral Commission, INEC, and relevant stakeholders to ensure the conduct of proper elections devoid of electoral irregularities.

Falana added: “We just had an election in Osun State, forget all the shortcomings, at the end of the day, the beauty of it will be that the governorship election will not go to court because the people have decided, they have elected their leader so no court should be allowed to hide under technicalities to make a mockery of the popular choice of the people.

“So for me, the role of the judiciary must have to be extremely limited in the democratic process in our country. Again that depends on the media, INEC, and all concerned Nigerians to ensure that elections are conducted, no fake results are announced, so that you limit the area that people might want to go to tribunal, the regular court, or the appellate court. We must start with the conduct of good elections so that our courts are limited in the democratic process.”

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