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EFCC loses bid to seize Governor Matawalle’s Abuja properties

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The Federal High Court in Abuja, on Friday, dismissed a suit the Economic and Financial Crimes Commission, EFCC, filed for permission to confiscate six choice Abuja properties it said was traced to Governor Bello Matawale of Zamfara State.

The court, in a judgement that was delivered by Justice Inyang Ekwo, dismissed the suit on the premise that section 308 of the 1999 Constitution, as amended, conferred absolute immunity on serving governors.

Justice Ekwo held that such immunity, insulated the Zamfara state governor from both civil and criminal proceedings by EFCC or any other agency of the government.

He held that the anti-graft agency lacked the power to initiate any criminal proceeding that could lead to the forfeiture of assets belonging to the serving governor.

EFCC had told the court that the six properties are situated at plot 1327, Zone A05, plot 2934, plot 730 and plot 2804B, both located at Zone A06 Cadastral Zone, Maitama District.

Others are plot 729, Idu Industrial Layout and plot 575 BOO, in Kubwa District.

Justice Ekwo agreed with Matawale’s lawyer, Mr. Ahmed Raji, SAN, that the criminal proceedings activated against the governor by EFCC was an abuse of court process in view of his insulation from criminal trial by immunity law.

Although the Judge had on May 26, issued interim forfeiture order against the properties in a ruling on EFCC’S ex-parte application, he, however, vacated the order based on the established ownership claim by the governor and his request for dismissal of the suit.

While vacating the interim order, Justice Ekwo, held that EFCC was bereft of the locus standi to initiate a suit for forefeiture properties of a serving governor.

He held that the available option for the agency was for it to wait till the expiration of the governor’s tenure.

“From the avalanche of evidence placed before the court, there is no contest or dispute on the ownership of the properties. And from the position of the law, especially section 308 of the Constitution, EFCC has no other option than to wait till the end of tenure of office of the respondent.

“The owner of the properties, having shown up and found to be a serving governor, protected by section 308, EFCC’S suit is no longer sanctioned by law and any action, not sanctioned by law is an abuse of court process”, the court held.

EFCC had in its suit, claimed that it received an intellence report to the effect that governor Matawale on assumption of office, had been using Zamfara State’s fund to acquire multi-billion naira properties in choice areas of Abuja.

The governor was also alleged to have moved over N2.1billion from the state’s Ministry of Finance to the Directorate of Investment and Business under his office and used some companies and Bureau De Change (BDC) operators to launder the funds.

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Ododo surrenders Yahaya Bello to EFCC

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Operatives of the Economic and Financial Crimes Commission (EFCC) have arrested Yahaya Bello, former governor of Kogi state.

TheCable understands that Usman Ododo, Kogi governor, brought Bello to Abuja this morning and invited EFCC to come pick him up.

The EFCC had charged the former governor with alleged money laundering, breach of trust, and misappropriation of N80.2 billion.

In April, the commission declared Bello wanted after several attempts to arrest him proved unsuccessful.

On August 20, the court of appeal in Abuja ordered Bello to surrender himself for arraignment.

Ola Olukoyede, EFCC chairman, would later allege that Bello withdrew $720,000 from Kogi coffers to pay his child’s school fees in advance.

The anti-graft agency also filed a 19-count charge against Bello over alleged money laundering.

However, the arraignment was stalled due to the absence of the former governor.

In May, Abdulwahab Mohammed, counsel to Bello, told the court that the former governor’s whereabouts remain unknown and that he was nurturing some safety concerns.

On August 20, the court of appeal in Abuja ordered Bello to surrender himself for arraignment.

Dele Oyewale, EFCC spokesperson, had said the court’s ruling was a “vindication” of the EFCC’s stance that Bello must face trial.

Sources had told TheCable that Bello has been hiding in plain sight — holed up in the “protective custody” of the Kogi state government — since he was declared wanted by the EFCC.

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Tinubu writes reps, seeks Oluyede’s confirmation as COAS

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President Bola Tinubu has asked the house of representatives to confirm Olufemi Oluyede as the substantive chief of army staff (COAS).

Tinubu’s request is contained in a letter read by Tajudeen Abbas, speaker of the house of representatives, during plenary on Tuesday.

Tinubu said Oluyede’s confirmation is in accordance with the provision of section 218(2) of the 1999 constitution as amended and section 18(1) of the Armed Forces Act.

The president said the army chief’s contribution to the military and Nigeria makes him “well-suited” for the role.

He said Oluyede has been professional in his duties, adding that his confirmation should be done “expeditiously”.

On October 30, Tinubu appointed Oluyede as the acting COAS following the prolonged illness of Taoreed Lagbaja, the former army chief.

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Governor Nwifuru suspends health, housing commissioners

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The Ebonyi State Governor, Francis Nwifuru, has suspended the state Commissioner for Health, Dr. Moses Ekuma and his Housing and Urban Development counterpart, Francis Ori.

It was gathered that they were suspended on Monday during the State Executive Council meeting in Abakaliki, the state capital.

A statement issued by the Commissioner for Information and State Orientation, Jude Okpor, which was sighted by our correspondent on Tuesday morning, read, “Following cases of gross misconduct and dereliction of duties by some government officials and matters related thereto, the Chairman of Council directed the indefinite suspension of the Honourable Commissioner for Housing and Urban Development and three months suspension of the Honourable Commissioner for Health respectively.”

It was also learnt that the development may be connected to the alleged theft of pieces of property belonging to the Ministry of Health by its officials and the reported underperformance of the Housing and Urban Development commissioner and his shoddy handling of the Amaeze Housing Scheme in the Ishielu Local Government Area of the state.

Recall that the governor was in the health ministry’s premises on Saturday night and met a scene where six officials were caught allegedly diverting government materials.

He, therefore, ordered their arrest and eventual prosecution.

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