Nation
Court Rejects EFCC’s Request To Amend Charge In Ex-NNPC GMD’s Trial
A Federal High Court in Abuja has rejected an application by the Economic and Financial Crimes Commission (EFCC) to amend its charge in the $9.8million, £74,000 fraud trial of an ex-Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.
Justice Ahmed Mohammed, in a ruling, yesterday, held that granting the application by the EFCC would amount to varying a subsisting judgment given by the Court of Appeal, Abuja on April 24, 2020, where it, among others, ordered Yakubu to enter defence in relation to counts three and four of the six counts originally contained in the charge on which he was arraigned.
Justice Mohammed was emphatic that allowing the prosecution (the EFCC) to amend the charge was tantamount to disobeying the subsisting order made by the Court of Appeal in its judgment of April 24, 2020.
The EFCC claimed that its operatives, acting on a tip-off, raided Yakubu’s house located on Chikun Road, Sabon Tasha area of Kaduna South Local Government Area of Kaduna State on February 3, 2017, and recovered the $9,772,800 and £74,000 cash kept in a fire proof safe.
It arraigned Yakubu on March 16, 2017, on a six-count charge relating to money laundering offences.
He was among others, accused of failing to make full disclosure of assets, receiving cash without going through a financial institution, which borders on money laundering and intent to avoid a lawful transaction under law, transported at various times to Kaduna, the aggregate sum of $9,772,800 and £74,000.
The prosecution closed its case on October 17, 2018, after calling seven witnesses.
The seventh prosecution witness, an operative of the EFCC, Suleiman Mohammed, spoke about how his team recovered the $9,772,000 and £74,000 cash in Yabubu’s house in Kaduna, which was later deposited in CBN in Kano.
At the closure of the prosecution’s case, Yakubu made a no-case submission, which Justice Mohammed, in a ruling on May 16, 2019, partially upheld by striking out two of the six counts contained in the charge and ordered Yakubu to enter defence in relation to the remaining four counts.
The judge was of the view that the prosecution failed to prove counts five and six of the charge, which related to allegation of unlawful transportation of the money.
“Even though I am tempted to discharge the defendant on counts one to four, I am, however, constrained to ask the defendant to explain how he came about the monies recovered from his house.
“Fortified with my position, the defendant is hereby ordered to enter his defence in respect of counts one to four,” Justice Mohammed said in the May 16, 2019, ruling.
Dissatisfied, Yakubu challenged the decision at the Court of Appeal, Abuja, which, in a ruling on April 24, 2020, upheld Justice Mohammed’s ruling and proceeded to strike out two more counts – one and two – in the charge.
The Court of Appeal, then, ordered Yakubu to enter his defence in respect of the remaining two counts – three and four.
Proceedings later resumed at the Federal High Court, with the defendant commencing his defence as ordered by the Court of Appeal.
But, on March 10 this year, the prosecution applied for leave to amend its charge, arguing among others, that the law allows the prosecution to amend charge at any stage of the proceedings before judgment.
The defence countered, arguing that the Court of Appeal, in its judgment of April 24, 2020, made an order to guide further proceedings in the trial.
It noted that the Court of Appeal ordered that the defendant was only to enter defence in relation to counts three and four in respect of which a prima facie case was established.
The defence urged the court to refuse the prosecution’s application for amendment and allow the defendant to continue with his defence, a prayer Justice Mohammed granted in his ruling, yesterday.
When the judge ended the ruling, yesterday, the defence indicated its intention to proceed with its case, but the court elected to adjourn till June 30 following plea by the prosecution for an adjournment on the grounds that the lead prosecuting lawyer was not immediately available.
Nation
HYPREP Marks 15 Years Of UNEP Report, Highlights Major Cleanup Milestones
In a statement signed by the Project Coordinator, Prof Nenibarini Zabbey, to commemorate the anniversary, HYPREP described the anniversary as a significant milestone in Nigeria’s environmental restoration efforts, noting that the project has made remarkable progress in implementing the recommendations of the landmark UNEP report released on August 4, 2011.
The UNEP report had revealed extensive oil pollution across Ogoniland, severe environmental degradation, and serious public health risks resulting from decades of petroleum operations. It also recommended an initial $1 billion fund to commence the cleanup of the affected communities.
According to HYPREP, the Federal Government formally launched the Ogoni clean-up in 2016, while the Project Coordination Office was established in 2017 to drive the implementation of UNEP’s recommendations.
Zabbey said the current administration has continued to prioritise the project under the Renewed Hope Agenda.
Providing an update on the cleanup, the Project Coordinator disclosed that 30 of the 65 contaminated sites identified by UNEP have been fully remediated, while work is ongoing at several medium- and high-risk locations. It also stated that more than 1.5 million mangrove seedlings have been planted as part of what it described as the world’s largest restoration of oil-degraded mangroves, with over 1,000 hectares of shoreline already rehabilitated.
Zabbey further revealed that 49 Ogoni communities have been connected to potable water schemes through multiple water projects and booster stations aimed at providing safe drinking water across the region.
In the health sector, he said the 100-bed Ogoni Specialist Hospital in Kpite and the 43-bed Cottage Hospital in Buan are nearing completion, adding that several existing health facilities have been upgraded with modern medical equipment, while five ambulances have been donated to improve emergency healthcare services. The Project Coordinator also disclosed that a three-year human health biomonitoring study is being conducted in collaboration with the World Health Organization’s International Agency for Research on Cancer (IARC).
On economic empowerment, Zabbey stated that the Project has created more than 8,000 direct jobs and trained thousands of Ogoni youths and women in various vocational and technical skills, including software development, cybersecurity, aviation, commercial diving, seafaring, mechatronics, and creative arts. The project also reported awarding scholarships to more than 1,000 students, providing grants to small businesses, and supporting persons living with special needs through skills acquisition programmes.
The statement further highlighted ongoing legacy projects, including the Ogoni Power Project and the Centre of Excellence for Environmental Restoration, which it said is about 96 per cent complete. HYPREP also welcomed the recent designation of the Ogoni Wetland as a Ramsar Site of International Importance and pledged to continue promoting biodiversity conservation and sustainable management of the ecosystem.
Marking the anniversary, Zabbey said the progress achieved over the past 15 years demonstrates the collective commitment of government, development partners, stakeholders, and local communities to restoring Ogoniland. He called for renewed collaboration to sustain the cleanup effort, promote environmental sustainability, and support the long-term development of the region. 3
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