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
SIM-NIN: Subscribers Kick Against Today’s Deadline, Demand Extension
The National Association of Telecommunications Subscribers has requested that the Nigerian Communications Commission extend the deadline scheduled for the disconnection of telephone lines not linked to National Identification Numbers beyond Friday, March 29, 2024.
The subscribers’ body argued that telco agents were failing to capture all necessary information needed for verification, just as it also cited difficulties in uploading the captured data on the National Identity Management Commission’s server.
The President of NATCOMS, Adeolu Ogunbanjo, told The Tide’s source last Wednesday that NCC needed to order telcos not to disconnect telephone lines, considering the ongoing difficulties faced by subscribers.
The telecom regulator had insisted that there would be no changes to the deadline for the next phase of disconnection
The disconnection process was rolled out in stages, with the second phase scheduled for March 29, 2024, following the initial phase that occurred on February 28, 2024.
The third phase is slated to commence on April 15, 2024, as previously announced.
Earlier, the Director of Public Publicity at the NCC, Reuben Mouka, told The PUNCH, “We issued a publication that you can refer to. We specified certain deadlines and stipulated that subscribers who do not comply with the directive would be barred. And that has not changed.”
The National Association of Telecommunications Subscribers has requested that the Nigerian Communications Commission extend the deadline scheduled for the disconnection of telephone lines not linked to National Identification Numbers beyond Friday, March 29, 2024.
The subscribers’ body argued that telco agents were failing to capture all necessary information needed for verification, just as it also cited difficulties in uploading the captured data on the National Identity Management Commission’s server.
The President of NATCOMS, Adeolu Ogunbanjo, told the source on Wednesday that the NCC needed to order telcos not to disconnect telephone lines, considering the ongoing difficulties faced by subscribers.
The telecom regulator had insisted that there would be no changes to the deadline for the next phase of disconnection
The disconnection process was rolled out in stages, with the second phase scheduled for March 29, 2024, following the initial phase that occurred on February 28, 2024.
The third phase is slated to commence on April 15, 2024, as previously announced.
Earlier, the Director of Public Publicity at the NCC, Reuben Mouka, told the source, “We issued a publication that you can refer to. We specified certain deadlines and stipulated that subscribers who do not comply with the directive would be barred. And that has not changed.”
At the last deadline on February 28, 2024, about 40 million lines that were not linked to NIN were barred.
The NATCOM president said before the first deadline, subscribers had appealed to the NCC for a one-month extension.
However, the NCC explained that there was no issue as the process was designed to occur in phases.
According to the president, the Operator’s Consumer Centre stands as the primary location for consumers to complete their registration fully, with data provided there being verifiable.
However, the president noted that telecom agents were bypassing crucial information during the registration process, resulting in incomplete registrations of subscribers.
“For example, during interactions with telecom representatives, some agents fail to collect all required the information from subscribers.
“If a subscriber cannot provide certain details, agents often leave the registration incomplete. Consequently, these incomplete registrations are deemed unverifiable,” he said.
Further, Ogunbanjo noted that NIMC also shares responsibility in this process.
He said the challenges often arise when telecom companies attempt to upload collected data on NIMC’s server, owing to network issues.
“These network difficulties, beyond the control of subscribers, hinder the timely completion of the registration process,” he said.
“NIMC’s inadequate network infrastructure exacerbates the problem. While they intend to accept data uploads, technical issues prevent them from doing so effectively.
“We urge the NCC to address NIMC’s shortcomings, improve their services, and acknowledge that meeting the deadline will be challenging given the current issues,” the president added.
NIMC is a statutory Nigerian organisation that operates the country’s national identity management systems.
NIMC’s enrollment figures as of December 31, 2023, stand at over 104.16 million unique records.
About 530,345 Nigerians in Diaspora have gotten NINs. 59.12 million male and 45.04 million female Nigerians have NINs.
When The PUNCH reached out to NIMC for comments on technical glitches, the Head of Corporate Communications, Kayode Adegoke, clarifies that the commission’s server has consistently remained operational, debunking reports suggesting otherwise.
He emphasizes that the NIMC’s services are fully functional and accessible to all users
“Our server has never been down. You can go to the various NIN centres and confirm.
Adegoke further explained the process for subscribers to link their NIN to their SIM cards,
“These individuals only need to submit their NIN and complete the verification process through their respective telcos providers.
He encouraged those who have not yet obtained their NIN to visit any NIMC centre for enrollment.
Adegoke assured Nigerians that upon enrollment, individuals can expect their NIN to be available within three hours.
However, for those requiring corrections, such as rectifying date of birth errors, the process may take up to 72 hours.
Last week, the National Identity Management Commission and the NCC issued a joint statement unveiling a strategic partnership aimed at simplifying the NIN-SIM linkage procedures for telecommunications subscribers nationwide.
Both agencies reaffirmed their dedication to enhancing the processes involved and improving efficiency regarding the NIN and SIM card linkage initiative.
They acknowledge the importance of this initiative in bolstering security measures and enhancing service delivery across the country.
The SIM-NIN linkage initiative is a crucial step towards improving the integrity of subscriber data and enhancing security measures within the telecommunications industry.
The NIN-SIM linkage policy was initially introduced by the Nigerian government in December 2020. This directive requires all telephone line users in Nigeria to associate their SIM cards with their NIN.
In December of the previous year, the NCC issued a directive stipulating that all telecommunications operators in Nigeria, including major providers like MTN, Airtel, and Globacom, among others, must enforce complete network barring on all phone lines for which subscribers have not provided their NINs by February 28, 2024.
Barely two weeks ago, the Socio-Economic Rights and Accountability Project issued a warning to take legal action against the NCC if it does not revoke the directive instructing network providers to block the phone lines of individuals who have not linked their SIM cards to their NINs.
Nation
Reps Query N15bn Payment To Remita
The House of Representatives’ Public Accounts Committee has queried the N15billion payment made to Remita from the Office of the Accountant-General of the Federation for two years.
This is just as the committee accused the Central Bank of Nigeria and commercial banks of complicity in the sharing of the N15billion remittance.
The committee’s Chairman, Bamidele Salam, made the allegation at the resumed investigative hearing on revenue leakages in Abuja yesterday.
Remita is a payment solution that helps individuals and businesses make and receive payments, pay bills, and manage their finances.
The round table: Delta Bloodbath: Senate Meets Service Chiefs As Troops Comb Creeks.
Salam said that the Remita payment from the OAGF from 2016 to 2018 was questionable, adding that the OAGF paid the money without agreement or contract.
“The money is an illegal payment. There was no budget provision. So, where did they source the money from?” the chairman queried.
“If someone pays N150,000 as a Remita, you will pay 7.5 per cent Value-Added Tax in addition to it.
Salam said that the Remita payment from the OAGF from 2016 to 2018 was questionable, adding that the OAGF paid the money without agreement or contract.
“Ordinarily, that whole sum of VAT ought to go to the Federal Inland Revenue Service, but what they are doing in this transaction is that they will now add that VAT to the N150.000.
“They will add it up, gather the money together, and take it to the CBN,” he claimed.
He said, “System Spec and Remitta, both collecting revenue for the Federal Government, will share 50 per cent, while the banks and the CBN will also have their share.”
He said that by the time the committee finished its reconciliation, “I am very sure that hundreds of billions of naira will be the VAT component that was not remitted to FIRS.”
Salam stated that each bank ought to take the money and directly remit it to FIRS.
“Now, Remita is saying that each of those collecting the money will come and calculate the money that has been shared into shreds. Now, how do we track this kind of money? “he asked.
The Director, Banking Services, CBN, Mr.Ahmed Abdullahi, said it was necessary to source for an alternative way of remitting revenue, adding that Remita and System Spec were selected because they had been rendering similar services to banks.
The Chief Accountant, Treasury Single Account Department, Oyewole Adewale, representing the Accountant-General of the Federation, accused the CBN of not honouring its letters to reconcile the revenue accrued to the country through the Treasury Single Account.
He noted that the OAGF had developed a system where all revenue generated by the Ministries of Departments and Agencies of Government could now be monitored with little or no interference.
The Director, Remita Payment Services Ltd, Aderemi Atanda, while reading the summary of the TSA collection record, maintained that 10, 20, and 50 per cent were shared among CBN, commercial banks, and Remitta respectively.
Collections, he noted, often vary, saying, “In 2015.
Nation
Nigeria Needs Community-Driven Police, Not State Police -Shekarau
Former Governor of Kano State, Mallam Ibrahim Shekarau, has said that the country needs to adopt community-driven police rather than establish state police.
Shekarau noted that it would be more effective in addressing the current security challenges in the country.
The former minister of education spoke in Akure at the Federal University of Technology, Akure (FUTA) during the launch of a book titled ‘The Psychology of Growing Old: A Personal Experience for both Young and Old,’ written by Sehinde Arogbafa.
Shekarau argued that community police would be better controlled than state police as well as devoid of political and religious leaders’ influence.
He the involvement of communities in state policing would enhance trust, cooperation, and collaboration between the police and the citizens.
Shekarau argued that community police would be better controlled than state police as well as devoid of political and religious leaders’ influence.
He the involvement of communities in state policing would enhance trust, cooperation, and collaboration between the police and the citizens.
“I’ve been an advocate of community policing. It is different from what is being paraded as state police. Community policing means community watch.
“There is hardly any community in Nigeria that does not have what we call the vigilante group. All we need to do is the government should organise them, the government should own is up, and the government should promulgate a law.
“If I may give you an example of Kano, I’m sure you must have had experience with the Hisbah Guards; that is community watch. We set up a committee of 12 elders in every ward to do the selection of 20 responsible and respected young men for the Hisbah Guards. And we recruited them and mandated that the local government take charge of them. We’re paying them allowances. And they know everybody in the community.
“Within one to two years in Kano State, ask anybody; we don’t have any vices, no drugs, nothing in all the communities because that is community watch.
“We have over 10,000 Hisbah Guards in Kano; I did not nominate a single one; not a single party leader nominated one. It was all the elders in the community. The government created a law; we didn’t leave it in a vacuum. The number one assignment of the Hisbah Guards was to support and complement the work of all the Nigerian armed forces and the police. And they were working with them peacefully.
“Ask anybody in Kano today, and they will tell you that people prefer to report their cases to the Hisbah Guards office rather than even the police stations or even going to court. What we need in Nigeria is community watch, not just when you ask a state to create 2000 to 3000 state police bombarded by party thugs, and you will find out that you are going back to the same intimidation. There will be abuses by political leaders.
“But if you allow the communities to select with the backing of the government, the government will pay them all their allowances, provide vehicles for them, and support them, and there is a chain of command from the state to the local governments, to the wards, and even to the villages.
-
Business4 days ago
MOWCA Strengthens Maritime Crime Prevention
-
News4 days ago
Emulate Otti, Obey Court Order Stopping Pension To Ex-Govs, SERAP, OBJ Tell Tinubu, Govs
-
Niger Delta4 days ago
Group Commences Mangrove Restoration Initiative In Cross River Communities
-
Sports2 days ago
Tornadoes Fight-Back To Stun Shooting Stars
-
Rivers12 hours ago
PH NiMECHE Inaugurates 9th Executive
-
News7 hours ago
NHRC Cautions Against Mob Actions, Dehumanisation
-
Entertainment5 hours ago
Wizkid Accused Of Chasing Clout With Comments On Afrobeats
-
Editorial4 days ago
Delta Killings: Need For Caution