Politics
Court Orders EFCC To Unfreeze Dokpesi’s Account
The Chief Judge of the Federal High Court, Justice John Tsoho, yesterday, in Abuja, issued an order unfreezing the bank account of the Chairman of Daar Communications Plc, Chief Raymond Dokpesi.
Justice Tsoho gave the order while delivering a ruling on Dokpesi’s application argued by Mr KanuAgabi, SAN.
The judge ordered that the account domiciled at one of the new generational bank be immediately ‘unfrozen’ since the criminal charges which precipitated the restriction on the account had been dismissed, and Dokpesi discharged and acquitted by the Court of Appeal.
The judge said that the Economic and Financial Crimes Commission (EFCC) had no basis to put a post no debit order on the account in view of the subsisting and valid judgment of the Court of Appeal.
He held that there was no application by the EFCC for stay of execution of the appellate court’s judgment which quashed the criminal charges against Dokpesi.
Justice Tsoho said that in the absence of a stay of execution, the court was bound by law to recognise the judgment of the appellate court.
He ordered that the freeze order and post no debit on the account be immediately removed in compliance with the appellate court’s judgment.
Ruling on the claim by the EFCC that it had appealed the appellate court’s decision at the Supreme Court, the judge held that the notice of appeal filed at the apex court could not in law stay the execution of the subsisting judgment .
He added that the anti-graft agency ought to have obtained a stay of execution of the judgment.
He further ordered that all documents seized from Dokpesi should be immediately returned to him.
Agabi, while making arguments in support of the application, prayed the court to issue an order unfreezing Dokpesi’s bank account frozen on the strength of the alleged N2.1billion fraud charge against him.
The senior lawyer had submitted that the criminal charges in respect of N2.1billion had since been dismissed by the Court of Appeal, Abuja Division but the EFCC wanted to continue to hold his client in bondage.
Agabi had further argued that the charge which led to freezing of the account no longer existed following the decision of the appellate court on the matter.
He had tendered two judgements of the Court of Appeal to establish his claim that the criminal charges against Dokpesi had been quashed.
He held that until the judgments were set aside the EFCC could not continue to freeze his client’s account.
However, EFCC counsel, Mr Oluwaleke Atolagbe, had opposed the application on the grounds that the anti-graft agency had already filled a notice of appeal against the appellate court’s judgment at the apex court.
Atolagbe had urged the court not to unfreeze the account yet until the final decision of the Supreme Court in the matter, adding that the N2.1billion logged in the frozen account formed the basis of the charge.
He also opposed to the request for the release of Dokpesi’s document in possession of EFCC on the grounds that no specific document was mentioned in the request.
On April 1, a three-member panel of the Appeal Court in a unanimous judgment freed Dokpesi from the charges after it held that the prosecution failed to establish the ingredients of the charge.
The EFCC had in 2015 dragged Dokpesi to court, accusing him and his company of illegally receiving funds considered as proceeds of crimes from a former National Security Adviser (NSA), Col. Sambo Dasuki(rtd).
He pleaded not guilty to the charges and went further to file a no-case submission after the prosecution closed its case in November, 2018, after calling 14 witnesses.
However, the trial judge, Justice Tsoho, rejected the no-case submission, and ordered Dokpesi and his firm to enter their defence.
Not satisfied, the defendants then approached the Court of Appeal, with a request to nullify the decision and free him from the charges on the grounds that the prosecution failed to establish a prima facie case against them.
In the unanimous judgment delivered by Justice Elfreda Williams-Dawodu, the appellate court agreed with the appellants that the case of the respondents lacked merit having “failed woefully to establish a prima facie case against the appellant”.
According to the judgment, for any case to be established against the defendants, it is necessary to first prove the ingredients of offence in the predicate offences in counts 1 to 4 of the seven-count charge which bordered on criminal breach of trust, division of funds, money laundering and corruption.
The court further held that EFCC failed to prove that the N2.1billion allegedly received by the appellant was proceed of breach of trust, and accordingly set aside the decision of the lower court which held that the appellants had a case to answer.
“No case was made against the appellant in counts 1, 2, 3 and 4 to warrant his being called upon to open his defence.
“There is no possibility that the appellant can be convicted because the evidence are manifestly unreliable.
“I am of the view that irrespective of the ingredients stated earlier, and those by the appellant and first respondent respectively, prior proof or establishment of the predicate offences in count 1,2,3 and 4 of the amended charge is sine qua non to the proof of the offences of money laundering specified in the said counts”, the court said.
Chairman-elect of Southern Ijaw Local Government Area of Bayelsa State, Hon. Target Segibo has alleged that the prevalent security challenges in some communities of the local government area could be traceable to parental failure on one hand, and frivolous lifestyle of children and wards involved in crime and criminality in the area on the other hand.
Segibo, who was a pioneer member of the State House of Assembly between 1999-2003, stated this in Yenagoa, the state capital recently while fielding questions from newsmen shortly after receiving his Certificate of Return from the Bayelsa State Independent Electoral Commission (BYSIEC).
He indicated his continued desire to work for the peace and rapid socio-economic development of the local government, noting that having been actively involved in the politics of the area for decades now, he was more grounded in working on modalities towards ensuring enduring peace and unity in troubled communities of the area.
The Chairman-elect who also lauded the state governor, Senator Douye Diri, the state’s leadership of the Peoples Democratic Party (PDP) and the electorate for finding him worthy to be elected Chairman of the local government, called on parents/guardiance not to renege on their primary responsibilities of watching over their children and wards, arguing that as the largest local government area in the state, Southern Ijaw should also be noted for peace and development.
“For over 20 years, I’ve been living peacefully with all my neighbours, both at home in Oporoma, headquarters of Southern Ijaw LGA and here, in Yenagoa.
“I’ve grown up children, but I don’t give them more than what they needed as students to go to school and stay okay as a father because I discovered that most of the security challenges we’re facing today in the Southern Ijaw LGA, and other parts of the state, is traceable to parental failure and children’s wanting to lead a frivolous lifestyle”, he said.
“As parents/guardians we should be able to know the kind of friends our children/wards keep. We must not pamper them. We must tell them that they have to do something legal to earn a living. We must question any source of sudden wealth and affluence on the part of our children and wards.
“But I want to assure our people of Southern Ijaw that as their incoming Chairman, when I’m sworn-in, having been actively participating in the politics and other activities of the area, collectively we’ll work to ensure enduring peace, unity and development of the LGA”, he added.
By: Ariwera Ibibo-Howells, Yenagoa
The Bayelsa State House of Assembly has screened and confirmed the first batch of Commissioner-nominees for Governor Diri’s second term State Executive Council.
The Tide gathered that the State Chief Executive in a bid to form his cabinet for his second tenure had earlier submitted a list of 14 names to the state legislature for confirmation as commissioners.
However, The Tide reports that only 13 out of the 14 nominees attended the constitutional exercise of the lawmakers.
Though no official reasons have been given, the immediate past Commissioner for Sports, who is also a former member of the state Assembly, Hon. Daniel Igali, was conspicuously absent during the screening exercise.
Inline with the House’s rules and Standing Orders, two other former members of the state Assembly who were also part of the nominees, Dr Gentle Emelah, immediate past Commissioner for Education, and Mrs Ebiwou Koku-Obiyai, were simply asked to take a bow and leave.
Following the exhaustive grilling, however, the immediate past Commissioner for Justice and Attorney-General, Mr Biriyai Dambo, SAN, his Finance counterpart, Mr Maxwell Ebibai, were confirmed.
Also confirmed were the immediate past Works and Infrastructure Commissioner, Moses Teibowei, Mrs Koku Obiyai, Dr Gentle Emelah, Ayibakipreye Brodericks, George Ekpotuatein Flint and Komuko Akari Kharim.
Furthermore, Mr Perepuighe Biewari, Dr Jones Ebieri, Barr. Peter Afagha, Mrs Bidei Elizabeth and Michael Magbisa received the nod to be appointed commissioners by the state lawmakers.
In his advice to the nominees shortly after their screening, Deputy Speaker of the House, Rt. Hon. Michael Ogbere, enjoined the Commissioner hopefuls to work as a team with those they will meet on ground, admonishing that they remain loyal to the government at all times.
On his part, Leader of the House, Hon. Monday-Bubou Obolo, said the people of the state expect a lot trom them and that the House will do its best to keep them on their toes through its oversight functions while giving them the needed legislative support where necessary.
By: Ariwera Ibibo-Howells, Yenagoa
A former lawmaker representing Degema/Bonny Federal Constituency in the House of Representatives, Hon. Farah Dagogo, has described the outcome of the 98th National Executive Committee (NEC) meeting of the Peoples Democratic Party (PDP) as another demonstration of the resilience of the party to weather any storm that comes its way.
This is contained in a statement released bythe Special Assistant, Media and Publicity to the estwhile federal legislator, Ibrahim Lawal, at the weekend.
In the build up to the NEC meeting, suggestions and permutations had been rife of the likelihood of the PDP running into another round of crises as the party tries to navigate a path for the North Central Zone to produce a substantive National Chairman to complete the truncated tenure of former Chairman, Dr. Iyiorchia Ayu.
Speaking on the sidelines of the NEC meeting that saw Umar Damagum retain his position as the party’s Acting National Chairman until the next NEC meeting scheduled for August, Dr Dagogo said those who genuinely have the best interest of the party at heart made timely sacrifices to keep the party firm and afloat.
The former member of the National Assembly said but for the political maturity and sagacity employed by the party’s National Leader and former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC meeting, the party would have ‘played into the hands of some individuals, who wanted the party to implode in order to improve their political fortunes’.
He expressed optimism that by the adjourned date of August, Damagum would have seen that “it is in the best interest of the party for him to vacate the position for a more purposeful and result oriented leadership’’.
“ For me, the outcome of the NEC meeting was a win-win situation. Against all odds, the party came out unscathed and will continue to wax stronger.
“Yes, the Acting Chairman retained his position, but it is obvious to him now and others that it would be in the best interest of the party for him to vacate that position for a more purposeful and result oriented leadership by August.
“The so called tension generated in the build up to the NEC Meeting was actually orchestrated by the inordinate desire of some few individuals who wanted to thwart the sterling call by party faithful for a review of its failing leadership and directionless.
“ The Party however did not play into the hands of those individuals, who wanted the party to implode in order to improve their political fortunes. Thanks in good measure to the political maturity and sagacity employed by the Party’s National Leader and Former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC Meeting. We are where we are now because of their sacrifices and dedication to the party, “ he added.
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