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Magu Petitions Probe Panel Over Sitting Procedure, Timeline

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The suspended acting Chairman of the Economic and Financial Crimaes Commission (EFCC), Ibrahim Magu, has asked for clarification on the sitting procedure of the Presidential Judicial Commission of Inquiry probing his time in office as head of the anti-graft commission.
The Judicial Commission of Inquiry was set up on July 3, 2020, to probe the activities of EFCC under his leadership.
But, Magu was not invited to appear before the committee until July 6, 2020.
However, a letter by Magu’s lawyer, Wahab Shittu which was addressed to the Chairman of the Commission, Justice Isa Ayo Salami, demanded an explanation on the commission’s sitting timeline.
He disclosed that the instrument of appointment signed by President Muhammadu Buhari stated that the commission should conclude its sitting within 45 days.
The suspended EFCC boss, however, stated that he was served the letter on August 8, 2020.
The letter reads in part: “Please, be further advised that by the instrument of appointment signed by the President of the Federal Republic of Nigeria on July 3, 2020, and served on our client on August 8, 2020, the Judicial Commission of Inquiry is to conclude all proceedings of the inquiry within 45 days unless given express extension in writing by the President of the Federal Republic of Nigeria. Paragraph 5 of the instrument of instruction provides as follows.
“And I hereby direct the judicial commission to submit its interim reports to me from time to time, but the judicial commission shall, in any case, submit its final report not later than forty-five days from the date of its first public sitting or within such extended period as may be authorized by me in writing.
“In view of the above, we humbly require clarification on the judicial commission of inquiry’s timeline for sittings. This is in the context of the fact that our client was not formally invited to the proceedings of the judicial commission of inquiry until July 6, 2020, even if the Judicial Commission of Inquiry was supposed to have been constituted since July 3, 2020.
“It is also unclear whether proceedings of the panel before the date of the issuance of the instrument of the mandate will be deemed to be part of the 45 days’ timeline prescribed in the instrument of mandate or proceedings will be deemed to commence when our client was served the instrument of mandate on August 8, 2020.”
Magu raised eight other issues, among which are the tribunal’s consistent private sittings without the media.
The suspended EFCC boss raised the issues in another letter dated August 11 written by his lawyer, Wahab Shittu and addressed to the Chairman of the Judicial Commission of Inquiry, Justice Isa Ayo Salami.
Other complaints he made in the elongated letter, include failure of the tribunal to reveal its mandate and terms of reference.
He said the commission was inviting witnesses without his knowledge as the accused.
According to Magu, most witnesses are not placed on oath and his lawyers are denied the right to cross-examine his accusers.
Magu said he has been denied access to documents that form the basis of witnesses’ testimonies before the Salami-led panel.
According to the suspended EFCC chairman, his arrest, detention, and suspension of 12 top officials of the agency were done without query.
“In summary, we have concerns regarding the legality of the honourable tribunal in the areas such as consistently sitting in private (camera) and not in public as given by applicable law.
“The tribunal has held proceedings and invited and entertained witnesses to the exclusion of our client and his counsel in violation of the applicable law on rules of fair hearing.
“The tribunal has sat and conducted proceedings in the absence of our client in violation of the applicable law and rules of fair hearing.
“The detention of Mr Magu, and subsequent denial of Mr Magu’s detention by both your panel and the police.
“The suspension of 12 officials (investigators and prosecutors) of the EFCC without query, interrogation, or any other expected standard treatment for such an action,” the letter reads in part.
It would be recalled that Buhari had suspended Magu over allegations of mismanagement and corruption.
This followed an indictment against him by the Attorney General of the Federation, Abubakar Malami.
Malami had in a memo accused Magu of corruption, insubordination, re-looting of loots, mismanagement of loots, among others.
Following the memo, he was suspended and immediately replaced with EFCC’s Director of Operations, Mohammed Umar.
Against the backdrop of the indictment, the panel was set up to probe Magu.
Recently, one of Magu’s lawyers, Aliyu Lemu, had lamented that he was not aware of why his client was being probed.
Following the probe, Nigerians had tasked Buhari to sack Magu and ensure he is prosecuted over the allegations raised.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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