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Court Dismisses EFCC’s Application To Cross-Examine Ex-NNPC GMD

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The Federal High Court, Abuja, yesterday, dismissed an application by EFCC to cross-examine former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.
Justice Ahmed Mohammed, in a ruling, sustained the objection raised by Ahmed Raji, SAN, counsel to Mr Yakubu.
Raji had, on July 22, disagreed with the EFCC’s Lawyer, Mohammed Abubakar, on his plan to cross-examine his client, who is the first defence witness (DW1), based on Exhibit “J”.
Exhibit J borders on a case with suit number: FHC/ABJ/CR/121/2016, which was instituted by the anti-graft agency in 2016 before Justice Nnamdi Dimgba when Yakubu was GMD of NNPC.
The case, which is still ongoing, involves an oil company, Atlantic Energy Brass Development Ltd., in which Yakubu was initially the 7th defendant in the suit and was later dropped to become the first prosecution witness in the matter bordering on illegal lifting of crude oil.
Raji had argued that Exhibit J, which the EFCC lawyer planned to take Yakubu on, was irrelevant to the case at hand.
He objected to the propriety of the prosecution to cross-examine the ex-GMD on the exhibit which he said was tendered in respect of counts one and two whose counts had been struck out pursuant to the orders of the Court of Appeal in its judgment dated April 24.
According to Raji, counts one and two having been struck out by the Court of Appeal; Exhibit J which was tendered thereof has become irrelevant as far as counts three and four are concerned.
Our source reports that the EFCC had, in 2017, raided the residence of the ex-NNPC boss in Kaduna State and found 9,772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.
Yakubu was, however, arraigned on March 16, 2017 on six counts but was ordered by the Court of Appeal to defend counts 3 and 4 which bordered on failure to make full disclosure of assets, receiving cash without going through a financial institution and intent to avoid a lawful transaction.
The EFCC alleged that the offence contravened the provisions of Section 1(1) of the Money Laundering Act, 2011 and punishable under Section 16(2)(b) of the Act.
In his ruling yester-day, Justice Mohammed said it was not in doubt that by the judgment of the Court of Appeal alluded to above, the defendant (Yakubu) was specifically ordered to enter his defence on counts three and four only while being discharged of other counts.
“To determine whether Exhibit J is relevant for determination of counts three and four, I deem it as expedient at this stage,” he said.
Making reference to count three and four, the judge noted that it was alleged that Yakubu received the cash payments of  9.7 million dollars and 74, 000 pounds and thereby committed offence punishable under the relevant Act
Mohammed, who cited sections of the Evidence Act, described relevance as logically connected and tending to prove or disprove a matter or an issue.
He held that relevancy is the heart beat of laws of evidence.
“I equally find no hesitation in discountenancing the submission of the learner counsel to prosecution that the case applies only to civil cases,” he said.
He then upheld the argument of the defence counsel that there was a limit a party could be allowed to cross-examine a witness.
The judge ruled that Exhibit J was not relevant to the prove or disprove of counts three and four of the charge for which the defendant was standing trial.
“To allow the prosecution cross-examine the defendant on the contents of Exhibit “ J” which have already found to be irrelevant will amount to absolute waste of precious judicial time,” he said.
Justice Mohammed, who noted that counsel to the prosecution was only approbating  and reprobating in his argument, therefore sustained the objection of the defence counsel.
“The prosecution is not allowed to cross-examine the DW1 on the contents of Exhibit J which exhibit is not relevant to counts three and four now pending before the court,” he ruled.
The judge adjourned the matter until Nov. 30 for trial continuation.
NAN reports Abubakar, told the court that Exhibit J was relevant in proving whether or not there had been a predicate offence to counts three and four.
According to him, we further submit that the same Exhibit J is also relevant to some matters which DW1 has testified about both in evidence-in-chief and under cross-examination.

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Yahaya Bello: Senator Hails EFCC’s Probe Of N80.2bn Fraud

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Senator representing Kogi Central Senatorial District in the National Assembly, Natasha Akpoti-Uduaghan, has commended the efforts by the Economic and Financial Crimes Commission, (EFCC) to apprehend and prosecute the immediate past governors of Kogi State, Alhaji Yahaya Bello, over an alleged N80.2 billion fraud.
This is just as she also hailed the EFCC chairman, Ola Olukoyede, for ceding 14 properties that were initially forfeited to the federal government to the government and people of Enugu State.
Reacting to Bello’s excuse for not honouring the EFCC’s invitation, the lawmaker emphasized the need for the commission to investigate other corrupt public officials to avoid the impression that their actions against former governor were meant to witch hunt him.
In a now-viral video, the EFCC chairman had claimed Belloh told him that a female senator (name withheld) allegedly gathered journalists to humiliate him anytime he was at the agency’s Abuja office for interrogation.
“I called Yahaya Bello, as a serving governor, to come to my office to clear himself. I shouldn’t have done that. But he said because a certain senator had planted over 100 journalists in my office, he would not come.
“I told him that he would be allowed to use my private gate to give him a cover, but he said my men should come to his village to interrogate him,” Olukoyede was quoted as saying.
But Senator Natasha in a statement signed by her Chief Press Secretary, Arogbonlo Israel and issued at the weekend in Abuja, reminded Yahaya Bello of the importance of respecting Nigeria’s laws and constitution, given his former position as the chief security officer of Kogi.
“I was surprised to hear that Yahaya Bello evaded the invitation from the EFCC, despite having served as Kogi’s former chief security officer. As a former governor, he should understand the importance of respecting Nigeria’s laws and constitution.
“It’s a well-known fact that ‘he who comes into equity must come with clean hands’. As such, I advise him to honour the invitation and clear his name while he still has the chance.
“I’d also like to take this moment to appreciate the diligence of the EFCC in handling the case so far. No Nigerian is above the law, and therefore the agency must see this case through to the end if they are to gain the trust of both Nigerians and the international community in the fight against corruption,” she said.

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Senate  Frowns Over Continued Depreciation Of Naira

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Worried over the  latest depreciation of the Naira against major foreign currencies, the Senate through its Committee on Finance, has  stated that the Legislature  is  exploring a range of policy options to mitigate the impact of Naira depreciation and foster economic stability in the country.
These, according to the committee, in a statement signed by its chairman, Senator Sani Musa (APC Niger East) and released yesterday, includes robust oversight of fiscal policies, engagement with key stakeholders, and the formulation of targeted interventions to support key sectors of the economy.
Senator Musa said the statement became necessary “to address the current state of the economy and the need for concerted efforts at tackling the instability and continuous depreciation of the Naira.”
This is even as he hoped that the “economic managers will adhere strictly to the norms and standards set by this administration to ensure that we achieve the desired outcomes in taking Nigeria to its economic growth and prosperity”, pledging the support of the National Assembly to the executive arm of government to achieve the set goals.
He, however, urged Nigerians to remain vigilant and resilient as they navigate these uncertain times, saying “together, we can overcome the challenges facing our economy and chart a path towards prosperity for all.”
The statement titled: “State of the Nation Economy and Naira Depreciation’, reads “The Nigerian economy is facing significant challenges, exacerbated by both internal and external factors.

“Despite efforts to stabilize and bolster economic growth, the numerous initiatives and bold but necessary steps and policy decisions taken by President Bola Tinubu, the persistent depreciation of the Naira against major foreign currencies has become a pressing concern.

“The recent depreciation of the Naira underscores the need for proactive measures to safeguard the stability and resilience of our currency.

“The Senate Committee on Finance is closely monitoring the situation and is committed to working collaboratively with relevant stakeholders to implement effective policies and strategies.

“It is imperative that we address the root causes of Naira depreciation, including but not limited to fluctuations in global oil prices, fiscal deficits, and structural imbalances in the economy.”

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WIW: Banigo Advocates Legislative Impetus

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The Senator, representing Rivers West Senatorial District at National Assembly Sen.Dr. Ipalibo Harry Banigo has advocated for legislative backings to enforce immunisation as a pre-condition for admission into nursing, primary and secondary schools in Nigeria.
Banigo made the assertion recently in a statement to commemorate this year’s week-long immunisation campaign in line with the World Health Organisation advocacy.
Banigo, a Harvard-trained Public Health personnel, explained that such legislation would strengthen the National Immunisation Policy in the administration of vaccines, saves lives, helps in the child normal growth, prevents serious illness and disabilities such as poliomyelitis .
The former Deputy Governor of Rivers State who is also the Chairman, Senate Committee on Health (Secondary and Tertiary), noted that Nigeria must attain at least, 90 percent vaccine coverage for all childhood and adolescence; stressing that a fully vaccinated child should have received BCG, Mussels and three doses of DTP and Polio .
She emphasised the need for collective efforts by stakeholders in the campaign against preventable diseases .
The theme for this year’s World Immunisation Week is “Humanly Possible: Saving Lives Through Immunisation” while the national theme is “Vaccine Works For All”.

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