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Why Supreme Court Nullified Kalu’s Conviction

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  • Why Supreme Court Nullified Kalu’s Conviction

The Supreme Court in Abuja on Friday nullified the conviction and sentencing of a former governor of Abia State, Orji Uzor-Kalu, for corruption because the trial judge, Justice Mohammed Liman, lacked the powers to deliver judgment in Kalu’s trial as at the time he did.

According to the apex court in a unanimous decision delivered by Justice Ejembi Eko, the fait on which Justice Liman relied on to deliver judgment lacked constitutional backing.

Justice Liman, who is currently a Justice of the Court of Appeal, had in December last year found the former governor guilty of corruption to the tune of N7.1 billion and consequently sentenced him to 12 years improvement.

While Kalu and a Director of Finance, Jones Udeogo who served under him as governor were both sentenced to jail terms of 12 and 10 years respectively, his company, Slok Nigeria Limited, was liquidated and its assets forfeited to the federal government.

Dissatisfied with the judgment of the court, the second and third defendants had approached the appellate court to set aside the judgment of Justice Liman on grounds of jurisdiction.

The appellants contended that the federal high court in Lagos lacked the jurisdiction to try them because the trial judge was no longer a judge of the federal high court but of the appeal court.

However, delivering judgment in the appeal in March this year a three-member panel of the Court of Appeal dismissed the appeal for lacking in merit.

The Court of Appeal in its judgment read by Justice Olabisi Ige, held that section 98(3) and (4) of administration of criminal justice Act 2015 were not applicable to the appellants’ case.

“Nothing is perverse with the decision of the trial court. The complaint of the appellants is a non-issue,” the judge held.

“If a court has a jurisdiction/power, the fact of doing so under a wrong law is no reason to set it aside. The rights of the appellants were not infringed”, the appellate court had held.

Still not satisfied, the appellants took their case to the Supreme Court where judgment was on Friday entered in their favour.

The seven-man panel led by Justice Amina Augie agreed with the appellants that the court lacked jurisdiction to convict and hand down sentences on the defendants.

It would be recalled that the Economic and Financial Crimes Commission (EFCC) had in 2007 brought a 39-count charge against Kalu and the others.

But, the trial for the 12 years period it lasted suffered several setbacks.

To prevent further setback in the case then President of the Court of Appeal, Justice Zainab Bulkachuwa, had issued a fiat to Justice Liman, who was among the newly promoted judges to the bench of the appeal court, to return to the lower court to conclude cases being tried by him before his elevation.

Without such directive, Justice Liman as a Justice of the Court of Appeal cannot conclude and deliver judgment in the suit.

The implication is that the suit would then have been reassigned to another judge who will then have to start the case afresh.

However, the apex court in its decision held that section 396(7) of the Administration of Criminal Justice Act (ACJA) 2015 on which Justice Liman acted upon to convict and sentence Kalu was unconstitutional.

According to the apex court, the trial court acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and Mr Udeogu.

Justice Eko noted that the trial judge, Justice Liman, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.

Consequently, the apex court vacated the judgment that convicted the defendants and ordered a fresh trial.

The Chief Judge of the Federal High Court in addition was directed to reassign the suit to another judge for fresh hearing.

Kalu has been in prison custody since December 4 last year. He has now regained his freedom and would face a fresh trial.

He was jailed upon conviction for embezzling funds belonging to Abia State.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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EFCC Declares Former Kogi Governor, Yahaya Bello, Wanted Over N80.2 Billion Money Laundering Allegations

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Yahaya Bello

The Economic and Financial Crimes Commission (EFCC) has escalated its pursuit of justice by declaring former Kogi State Governor, Yahaya Bello, wanted over alleged money laundering amounting to N80.2 billion.

In a first-of-its-kind action, the EFCC announced Bello’s wanted status in connection with the alleged embezzlement of funds during his tenure as governor.

The commission, armed with a 19-count criminal charge, accused Bello and his cohorts of conspiring to launder the hefty sum, which was purportedly diverted from state coffers for personal gain.

The declaration of Bello as a wanted fugitive came after a series of failed attempts by the EFCC to effect his arrest.

Despite an ex-parte order from Justice Emeka Nwite of the Federal High Court, Abuja, mandating the EFCC to apprehend and produce Bello in court for arraignment, the former governor managed to evade capture with the reported assistance of his successor, Governor Usman Ododo.

This latest development shows the challenges faced by law enforcement agencies in holding powerful individuals accountable for their actions.

However, it also demonstrates the unwavering commitment of the EFCC to uphold the rule of law and ensure that justice is served, irrespective of the status or influence of the accused.

In response to the EFCC’s declaration, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, issued a stern warning to Bello, stating that fleeing from the law would not resolve the allegations against him.

Fagbemi urged Bello to honor the EFCC’s invitation and cooperate with the investigation process, saying it is important to uphold the rule of law and respect the authority of law enforcement agencies.

The EFCC’s pursuit of Bello underscores the agency’s mandate to combat corruption and financial crimes, sending a strong message that individuals implicated in corrupt practices will be held accountable for their actions.

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Concerns Mount Over Security as National Identity Card Issuance Shifts to Banks

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Amidst the National Identity Management Commission’s (NIMC) recent announcement that the issuance of the proposed new national identity card will be facilitated through applicants’ respective banks, concerns are escalating regarding the security implications of involving financial institutions in the distribution process.

The federal government, in collaboration with the Central Bank of Nigeria (CBN) and the Nigeria Inter-bank Settlement System (NIBSS), introduced a new identity card with payment functionality, aimed at streamlining access to social and financial services.

However, the decision to utilize banks as distribution channels has sparked apprehension among industry stakeholders.

Mr. Kayode Adegoke, Head of Corporate Communications at NIMC, clarified that applicants would request the card by providing their National Identification Number (NIN) through various channels, including online portals, NIMC offices, or their respective banks.

Adegoke emphasized that the new National ID Card would serve as a single, multipurpose card, encompassing payment functionality, government services, and travel documentation.

Despite NIMC’s assurances, concerns have been raised regarding the necessity and security implications of introducing a new identity card system when an operational one already exists.

Chief Deolu Ogunbanjo, President of the National Association of Telecoms Subscribers, questioned the rationale behind the new General Multipurpose Card (GMPC), citing NIMC’s existing mandate to issue such cards under Act No. 23 of 2007.

Ogunbanjo highlighted the successful implementation of MobileID by NIMC, which has provided identity verification for over 15 million individuals.

He expressed apprehension about integrating the new ID card with existing MobileID systems and raised concerns about data privacy and unauthorized duplication of ID cards.

Moreover, stakeholders are seeking clarification on the responsibilities for card blocking, replacement, and delivery in case of loss or theft, given the involvement of multiple parties, including banks, in the issuance process.

The shift towards utilizing banks for identity card issuance raises fundamental questions about data security, privacy, and the integrity of the identification process.

With financial institutions playing a pivotal role in distributing sensitive government documents, there are valid concerns about potential vulnerabilities and risks associated with this approach.

As the debate surrounding the security implications of the new national identity card continues to intensify, stakeholders are calling for greater transparency, accountability, and collaboration between government agencies and financial institutions to address these concerns effectively.

The paramount importance of safeguarding citizens’ personal information and ensuring the integrity of the identity verification process cannot be overstated, especially in an era of increasing digital interconnectedness and heightened cybersecurity threats.

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Israeli President Declares Iran’s Actions a ‘Declaration of War’

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Israeli President Isaac Herzog has characterized the recent series of attacks from Iran as nothing short of a “declaration of war” against the State of Israel.

This proclamation comes amidst escalating tensions between the two nations, with Iran’s aggressive actions prompting serious concerns within Israel and the international community.

The sequence of events leading to Herzog’s grave assessment began with a barrage of 300 ballistic missiles and drones launched by Iran towards Israel over the weekend.

While the Israeli defense forces managed to intercept a significant portion of these projectiles, the sheer scale of the assault sent shockwaves through the region.

President Herzog’s assertion of war was underscored by Israel’s careful consideration of its response options and ongoing discussions with its global partners.

The gravity of the situation prompted the convening of the G7, where member nations reaffirmed their commitment to Israel’s security, recognizing the severity of Iran’s actions.

However, the United States, a key ally of Israel, took a nuanced stance. President Joe Biden conveyed to Israeli Prime Minister Benjamin Netanyahu that, given the limited casualties and damage resulting from the attacks, the US would not support retaliatory strikes against Iran.

This position, though strategic, reflects a delicate balancing act in maintaining stability in the volatile Middle East region.

Meanwhile, Russian Foreign Minister Sergei Lavrov and his Iranian counterpart Hossein Amir-Abdollahian cautioned against further escalation, emphasizing the potential for heightened tensions and provocative acts to exacerbate the situation.

In response to the escalating crisis, the Nigerian government issued a call for restraint, urging both Iran and Israel to prioritize peaceful resolution and diplomatic efforts to ease tensions.

This appeal reflects the broader international consensus on the need to prevent further escalation and mitigate the risk of a wider conflict in the Middle East.

As Israel grapples with the implications of Iran’s aggressive actions and weighs its response options, President Herzog reiterated Israel’s commitment to peace while emphasizing the need to defend its people.

Despite calls for restraint from global allies, Israel remains vigilant in safeguarding its security amidst the growing threat posed by Iran’s belligerent behavior.

The coming days are likely to be critical as Israel navigates the complexities of its response while international efforts intensify to defuse the escalating tensions between Iran and Israel.

The specter of war looms large, underscoring the urgency of diplomatic engagement and concerted efforts to prevent further escalation in the region.

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