Powerful Nigerians have hijacked criminal justice — Falana

•It's a mockery of our judiciary, says Oyegun

Femi Falana, SAN

Ex-Gov John Oyegun

To so many people, the conviction of Mr John Yakubu Yusufu for two years with the option of a paltry sum of N750,000 is more of a tasteless joke than a bitter reality. While Yusufu diverted N23 billion Police Pension Fund, Adepoju Jamiu, 23, living in Ondo who was accused of stealing a China Blackberry phone worth N17, 000 was not so lucky as the Ikare Magistrate Court sentenced him to three years imprisonment without an option of fine. Like Yusufu, Jamiu also pleaded guilty to the charge. Just last year, somebody stole a bush meat in Edo state and he was sentenced to three years imprisonment. But how can we compare that with the pension thief who stole billions and denied pensioners from their benefits and yet got his  freedom after paying a paltry sum from his wallet.
Recall that the former Governor of Edo State, Lucky Igbinedion who was found guilty by a Federal High Court in Enugu of embezzling N2.9 billion, got his freedom after paying a fine of N3.5million.  Although he was made to refund about 500 million and forfeited three of his properties to the government. Similarly, the former Managing Director of Oceanic Bank got a six-month jail term having been found guilty of fraud. She was also made to forfeit over N150 billion in assets and cash.
As a result of the biting public outcry on the judgement, Saturday Vanguard sought the opinion of all classes of people on the issue. For those who have studied the trend and how lawyers manipulate the technicalities of the law, they are not stunned by the development. To them, it only proved further that the much talked about fight against corruption by this administration is only a fluke and a mockery of the judiciary system.

Front line lawyer and a Senior Advocate of Nigeria (SAN), Femi Falana said the development did not come to him as a surprise because it followed the pattern of previous sentences on most of the big scam in the country. According to him, “This development follows the particular pattern of  treating the rich with kid gloves while other people are being railroaded to jail. In previous cases, it has always been  light sentences for the rich, like the case of former Governor Lucky Igbinedion who was asked to pay a fine of N3million; Cecelia Ibru was asked to forfeit to the government hundreds of millions of naira.”
On the penal code which the House of Representatives has vowed to change, the human rights lawyer said the Senate would have reduced the punishment for the offence essentially to guarantee a safe landing for the offenders. “All the senate has done essentially is to produce a safe landing for the offender which is a problem.” Querying the rationale behind new law, he stated that there is no need for a new law on criminal justice.
“There was a judgment of Lagos High Court which has said that while the death penalty may be said to be guaranteed or recognised by the constitution, the manner of execution of any human being either by hanging or electrocution or by any other means, you cannot execute the judgement because it offends the right to dignity of the person because if you put a rope on his neck, it is barbaric and unconstitutional and it is illegal. So, also the 2011 law on terrorism which is stringent to include life imprisonment. So, we don’t need new laws to deal with terrorism,” he stated.
The former governor of Edo State, Chief John Odigie-Oyegun, however expressed shock when he heard about the judgement. “I was shocked when I heard the judgement. Somebody first threw a joke to me saying it pays to be a thief. He said the person who stole the police pension fund will not go to jail but he only got a N750,000 fine. I was shocked.

“The next morning, it was confirmed when newspapers published the story. I felt so concerned that I had to call a friend who is a lawyer. But the lawyer told me the offence to which the man was charged has a maximum of two years imprisonment.”
The former governor maintained that some aspects of our laws as they  relate to the penal system must be looked into adding that there was need to create special court for corruption charges. “In any case, I think the judge would have insisted that the man goes to prison. I think something is wrong with our laws and it is bad that we make a mockery of our judicial system.

“There are so many technicalities that make everything laughable. Other people are watching and it is in the same society that somebody was discussing a death penalty for kidnappers. Somebody who kidnaps can have a death sentence while somebody who stole billions of naira or facilitated the theft of money belonging to pensioners who couldn’t send their children to school because they are not getting their pension as and when due can get two-year jail term with an option of fine of N750,000? It doesn’t make sense. We must look at our laws again and make necessary amendments. We should also create special courts for corruption charges. Again, the judicial procedures must be changed to make it more simplified.”
Commenting on the judgment, Falana blamed the court stressing that it implies that the court displayed solidarity in this case. He maintained that a few Nigerians have hijacked the criminal justice system in the country. “The powerful rich in Nigeria have hijacked criminal justice in Nigeria with connivance of the bar and the bench. So, it is important for Nigerians not to isolate a few of these cases, but they have to be examined  holistically.”
On the new charge against Yusufu, Falana said the commission will do better this time in seeing that justice is done adding that the punishment for the new offence which is failure to declare assets attracts five years imprisonment.
Abia State Attorney-General, Barrister Kalu Umeh, explained that the judge must have related the offence under the law which the man was charged. “Why it is generating so much outcry is because so much has been talked about the amount involved. But one can say it is abysmal and it does not reflect the seriousness of the offence but I think it was as a result of not having good penal system.
“However, I will say that everybody knows that there is a need for us to fight corruption and if people are found guilty of this kind of offence and let go with this kind of judgment, then that does not show that we have proper penal system. Something is wrong with the system. I understand that he was asked to forfeit some of his property but apart from property forfeiture, there is the need to set example as a deterrence to others.”
He stated that the judge may be absolved of blame in the sense that he interpreted the law the way it is. “If the judge is found to be right meaning that he rightly interpreted the law, what we need to do is to go back to the drawing board to amend those things that are wrong.”
On the option of fine, he added that it all depends on the facts before the judge adding that the prosecution has the right of appeal as a remedy to the situation if unsatisfied.
“Justice is not only for the few, it is for the society. The money the man diverted is public money and that is why we have this outcry. It is also a challenge to our lawmakers to go back to the table in a bid to strengthen our penal system so that anybody found guilty of corruption will be appropriately dealt with.”

With respects to Ezekwesili

The early rains have arrived here in some parts, or  shall we call them the threatening return of the f1oods so soon in the year? It would seem that this thing called “climate change” may be right after all. It did not rain so much in the month of January in the past, but those who know about these things assert that these rains are merely the harbingers of the harmattan, and not a part of the rainy season. The downpours and “rumours of downpours” around the coastal areas in the past weeks have nevertheless set up high hopes for the carpenters, you know, those who came last year to repair your roof ... permanently.
They are gradually appearing again, smack in the wake of the first rains. It is their season, the harvest time of the fraudulent work they did when their services were required last year at the visitation of leaks through the roof. Then they hammered away for some anxious hours and swore, after collecting their payment for the repairs, that such horrible incidents were done with for ever. They were smooth, oh so smooth, that you believed them and the leaking had actually stopped then. But you have now noticed a slight discoloration on the ceiling and that has left you wondering if everything had indeed been as “kosher” as they promised.
You need not wonder, actually, because it will soon become clear that you are in their hands, once again. They are aware of exactly what they “fixed” on your roof last year, and they know you are going to need them again this year. That is why they are gradually emerging to “fix” it again this year.
You may call them rogues, or extortionists and the like, but then what do you call others in the same class who perform such services in Nigeria today? What would you call the man who maintains, or repairs, or generally services that most necessary item of household equipment, your generator? He has to come and upkeep the plant periodically but, at the same time, does he not also “fix” it for you? Of course, you resent such bare-faced dishonesty but what choice have you got?

In any case, all of that is mere
    piffle when the real action surrounds you in the open acts of thievery involving billions of naira of the people’s funds. Officials of the government who are in enviable positions of responsibility have now developed a culture of helping themselves to money entrusted to them and, in many cases, going scot-free. Or, in other cases, they merely get a swift slap on the wrist and are turned lose to enjoy the slimy proceeds of their crimes. They call it “plea bargaining”. The stench of a recent case is yet to disperse. The man stole, and confessed that he stole, more than twenty million naira of public funds. He was fined less than a million naira, dispossessed of a street of houses, and sentenced to two years imprisonment. He was on his way to freedom to the chagrin of the prosecutors, but was said to have been re-arrested on other charges. The judgment that set him free in the first instance, provoked a public demonstration which may be the fore-runner of several other demonstrations against patent injustice like that in the future.
But what should incite even more public protests are the horror cases that are allowed to pass muster. These directly affect high functionaries of government, and they sometimes run into trillions. They are seldom discovered or find the public domain and, when they are, usually too wearisome to pursue ... more wearisome than the case of that man who stole a goat and was sent to jail for two years.
My compliments to Dr. Ezekwesili. Wish this country had two or three more like her. 


They were the first herd in the now massive flock of radio broadcasting in Nigeria: Mike Olumide, Joe Atuona, Sam Nwaneri, Emmanuel Bello Fadaka, Sunday Young-Harry, John Edyang, Obi Ebo, Emmanuel Omatsola, and Christopher Oyeshiku .. They had no rivals as newsreaders, thus each of them was indeed “as lovely as a star, when only one is shining in the sky” (if you will pardon my Wordsworth.)
I remember them today as clear as daylight. They were distinctive as a group in many ways, and yet each was special also in his own way. Most of them have passed on to eternal stardom now, the most recent being Emmanuel Omatsola who was buried yesterday.
One could hardly remember one and not remember all of them. They were like peas matured in one pod. They had imbibed the art of the correct delivery of the English language as a profession and, with it, the curtly manners of well-bred men and, oh yes, women - I almost totally forgot the distaff side of that formidable group.
There was, of course, Christine Clinton who came straight from “Ibadan”, that is, the university college, as it was in those days some six decades ago. Then there was Winifred, “Winnie” Asolo”, who spoke with an unabashed tinge of affectations, and there was Enoh Irukwu, nee Etuk, who used to play a fierce netball game at Queen’s College. Add to that regal group Toun Adedoyin, a princess in every inch, and there you have a gorgeous back-up that provided a perfect match to its male counterpart at every point.
These ladies and gentlemen had emerged through a thicket of interviews woven together by some employees of the British Broadcasting Corporation who came to lay the foundation of professional broadcasting in Nigeria. They were out to procure the best, and so the set purpose seemed to ensure that no candidate succeeded. I eventually attended one of such which I was assured had been toned down, but in which I was sure I could not succeed. But somehow I went through to join that sterling ensemble. And after a period of less than nine months of wholesome interaction, out went my former ambition of taking up a legal career. I have always accepted the fact that it was the mere idea of being separated from that glittering company that turned me away from considering any other profession than broadcasting, rather than the lure of the profession itself.
But then, the profession certainly had its own special attractions. If you were accepted on the air, you suddenly became a star. Your name opened doors to favours. You became a spoilt child of the community. You were pointed out in a crowd by perfect strangers, whispered about to your hearing, mimicked to your knowledge, pampered, flattered, adored, almost deified! But one thing prevented your getting swollen-headed— the men and women among whom you walked. Surrounded by the almost suffocating cloud of adoration, that first batch of broadcasters never lost its modest attitude towards life in general. They each referred to it as having “a sense of proportion.” We who came immediately after them quietly had this trait ingrained in our character without really noticing it.
It must have been part of the English temperament which seeped into the outlook of the young Nigerians from their BBC mentors. The leader of the expatriate teachers was Tom Chalmers, OBE, a gentleman of impeccable disposition who led the team of broadcasters though himself an engineer by profession. But “Uncle Tom” was a man of many parts. He was also a musician—an accomplished organist, to be precise, and a stickler for the correct pronunciation of words —English or European words, in particular, but the spoken word in any language, generally. He cared passionately for the correct rendering of Italian names and words which featured profusely in the classical music which were presented on gramophone records in those days. He almost fainted at the slightest breach of the proper vowel, correct consonant, judicious inflexion, or accurate accent. He had a very willing class of ardent pupils who filled the air with symphonies, and fantasias, arias, and operas, by Bach, and Handel, and Rachmaninoff, and Sibelius, and other “masters”. No one can hear anything like that on any radio station in Nigeria any more, but that is another matter.
Emmanuel Omatsola (I as yet can’t call him ‘late’) presented these musical pieces with great aplomb like the best of his peers. But he was a true all-rounder, as fortune\forced him sometimes to show. When football became a nationally acclaimed game, it was found desirable to broadcast commentaries, and Omatsola was selected to be trained among some five other people. He was found proficient, but a certain gentleman came on the scene by name of Ishola Folorunsho, and almost edged out everybody. But football and sports were only a part of the outside broadcast package.

Another and more
    prestigious side was commentaries for Special Occasions like National Day Parades, Opening of Parliament and other ceremonies. Here was the forte of Emmanuel Omatsola. He excelled in such an impressive manner that it was decided that he should be attached to the BBC in London to perfect his art. However, as such things would happen, the post he would have returned to fill was given out before he returned. As a way of compensation, he was deployed to the Nigerian Newsreel Desk. And guess who was acting there as the editor at that time?
I had managed to find my niche in Newsreel and Feature Writing in which 1 was bedded to make a journalistic career. Omatsola was my senior and his transfer to my section meant an automatic setback to my own progress. But he had always been a pleasant comrade and 1 sympathized with his own raw deal, so we decided to rub each other’s back and get on with job. He had never been seriously involved in production till then, but he handled the situation in his normal cool manner like a real ‘pro’.
It was just around this time that National Television was inaugurated, and Omatsola went for the audition as a newscaster, and so became one of the first news readers also on national television, as he had on radio. God grant him eternal rest.
Time out

He also became the first, if not the only newscaster to shed tears on the screen which happened when he had to read the news of President Jack Kennedy’s assassination. He had just returned from the US where he met the American President in person and had been highly impressed by him. He was moved by his death but felt confident he would read the news like the ‘pro’ that he was. He had not reckoned with his deeply humane nature. The Omatsola 1 knew would never hurt a fly, even the one that bugged him.
That is what enriches my memory of this former colleague with whom I shared many moments of delightful companionship in the newsreel studio. He knew how to bear pain, not by rejecting it or resenting it, but by accepting it and overcoming it. In another episode during his career as a broadcaster, he was transferred to the Christian Religious section. Don’t ask me why. He was never groomed to be preacher, but he did so well in that position that it was easy very soon to even believe that he was to the manner born. Strange things happened in broadcasting in those days to some ‘special’ people, and so when your turn came, you always had Emmanuel Omatsola there for you as an example of fortitude and strength.
He had a ready smile: sparkling white teeth highlighted against a dark complexion; twinkling eyes provoking mirth; a humour that sprang from the depths of his beautiful being. He was a true pioneer, a first-class professional, and an altogether decent man. God grant him eternal rest.
Time out

Eagles vs Elephants: Mikel warns Drogba, others

With 24 hours to the quarter final match between the Super Eagles of Nigeria and the Elephants of Cote d’Ivoire, tension seems to have gripped all soccer loving Nigerians, including ex national team players, all of whom have expressed reservations on the Eagles chances against their star-studded opponents.
Most Nigerians who have been speaking on both radio and television stations across the land have all given the Eagles little chance against the Didier Drogba and Yaya Toure propelled Ivorian side, stressing that the Eagles still lacked cohesion.
One of the ex internationals and former Eagles’ defender Benedict Iroha, who played a huge role
in that 1994 Nations Cup semi final match where the Eagles beat the Ivorians on penalties after a 2-2 draw, who is here in South Africa, said during the week that, “The Ivorians have always been tough customers. I played against them several times. I can never forget that 1994 semi final clash in Tunisia. Most of their players were my team-mates at ASEC Mimosas, including Michelle Bassole who scored their two goals, as well as Abdoulaye Traore and Aka Kouame.”
Continuing, Iroha said, “We got back into the game when Rashidi Yekini (of blessed memory) scored and I then exchanged passes with Jay-Jay Okocha to score the equalizer. We had chances to win it in the second half but their goalkeeper, Alain Gouamene, was something else. We eventually won on
penalties and beat Zambia in the final to lift the trophy.”
Despite apprehension among Nigerian fans, Eagles midfielder, John Mikel Obi, who was earlier rumoured to have bagged two yellow cards and would miss the quarter-final cracker, has warned Drogba and his team-mates not to write off the Nigerian side as they (Eagles) were capable of proving all the doubting Thomases wrong tomorrow. Mikel who missed a penalty against Burkina Faso said the media(he didn’t specify whether Nigerian or foreign media) have always reminded them that the Ivorians are very tough and unbeatable, adding that tomorrow’s match was a knock-out match and anything was possible.
“Playing against Ivory Coast is going to be both tough and exciting and some of our opponents are my friends, especially Didier Drogba,” said the 25-year-old Chelsea star.
“People who write off Nigeria do so at their peril. This is a knock-out match that we can definitely win.
“The media keep reminding us that Ivory Coast are unbeatable - we shall see.
“Ethiopia was a do-or-die game for us and we did really well, especially in the second half. “Having conceded late equalisers against Burkina Faso and Zambia, we told the defence to improve their concentration and they did.”
Ivory Coast hold a slight edge over Nigeria at Cup of Nations tournament clashes, winning two and losing one of five meetings that produced a meagre seven goals.

We won’t underestimate Super Eagles —Elephants

The Elephants of Cote d’Ivoire have vowed not to underestimate the Nigerian Super Eagles when they clash in the quarter finals of the African Cup of Nations tomorrow.
The Ivorians with a squad of intimidating names play Nigeria tomorrow in Rustenberg but said that they wont be carried away by the favourites tag bestowed on them by pundits.
Coach Sabri Lamouchi, however, said that the Nigerian team was a talented team with very good players. “It’s a good that can surprise any team any day. We respect the Nigerian team and will put in our best against them”.
He also dismissed Nigeria’s finishing second in their group as nothing to take away their strength.
“It means nothing that Nigeria finished second in their group and Cote d’Ivoire finished first. The Nigerian team are a good team and we respect them. We know that any team that loses tomorrow will go home. We’ll try not to go home at this stage”, he emphasized.
The coach brought two players to the World Conference – Ya Konan Didier and Max Gradel.
Asked about the mockery purportedly made of the Nigerian team on twitter by Emmanuel Eboue, the Ivorians claim ignorance of it as they never talked about it in camp.”We’re concentrating on our game”.
Coach Lamouchi paid glowing tributes to the reaction of his team against Algeria when they were two goals down. “I love their spirit and fight-back in the team. I don’t know if Drogba will play as we have many players on our team. But they are united and respect each other. They have a common goal of winning and whoever finds himself wearing the jersey will represent his country very well”, the coach said.

Despite their passionate plea for clemency, an Abuja high court, yesterday, ordered the immediate remand of the erstwhile Chairman and Secretary of the House of Representatives Ad-hoc Committee on Fuel Subsidy probe, Farouk Lawan and Boniface Emenalo in prison custody. The court presided over by Justice Mudashiru Oniyangi ordered the accused lawmakers to be remanded for one week in Kuje Prisons, Abuja, pending the determination of their bail application on February 8. The order was made shortly after the duo pleaded not guilty to a seven-count criminal charge preferred against them by the Independent Corrupt Practices and other Related Offences Commission, ICPC. Specifically, the lawmakers were accused of demanding and collecting bribe from the Chairman of Zenon Petroleum and Gas Ltd, Femi Otedola, as an inducement to remove the name of his company from the report of the Ad-hoc Committee on Monitoring of Fuel Subsidy regime. They were said to have collected an aggregate sum of $3million, with a view to ensure that Zenon Petroleum and Gas Ltd escaped prosecution even though the committee had ab-initio found it culpable in the fuel subsidy fraud, an offence that was contrary ‘’to Sections 17 (1) (a); 8(1) (a) (b) (ii), and 23 (i) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under section 8 (1) 17 (1) and 23(3) of the same Act. Besides, the commission further alleged that Emenalo, while being a public officer, an Assistant Director and Clerk of the Committee on Education of the House of Representatives sometime in April 2012, and while acting as the Secretary of the Ad-Hoc Committee, was offered gratification by Otedola but failed to report the offer to any officer of the ICPC or any police officer. Whereas both accused persons were charged together in the first count of the charge, however, count two, three and four were preferred against Farouk alone just as count five, six seven 6 were preferred against Emenalo alone. Meanwhile, shortly after they took their turns to plead their innocence of the crime, Counsel to the ICPC, Chief Adegboyega Awomolo, SAN, implored the court to remand them in prison custody pending their trial. Awomolo told the court that the accused persons served him with their consolidated bail application yesterday morning, adding that he had anticipated such move and prepared legal authorities he said would guide the court into deciding that it was in the interest of justice for the duo to be remanded in prison. Relying on Section 8, 10, 17 and 23 of the ICPC Act 2000 and the decided case-law in Asari Dokubo Versus Federal Republic of Nigeria, 2007, 12 NWLR, he said: “We are opposing the application for bail and urge your lordship to refuse it. The accused persons are charged with an offence punishable by two to seven years imprisonment and therefore not ordinarily bailable. An application for bail is an application in equity which requires my Lord to exercise your discretion judicially and judiciously. ‘’The principles that guide the court in granting bail have been well enunciated in the case of Bamaiyi Versus the State, 2001, the nature and gravity of the offence and the likelihood of the accused committing another offence while on bail... “The offence by which the accused persons are standing trial is the case of corruption by a public officer at the highest level, particularly in the legislative arm. The accussed persons, in the affidavit did not give an undertaking that if they go back to the National Assembly, they will not be members of another committee and that they will not demand or obtain bribe in the discharge of their official duty. “Your Lordship needs to be assured that what prompted them to demand $3million will not also prompt them to demand $10million.The accused persons were part of the making of the ICPC Act; they knew the intention of the lawmakers and deliberately violated the law, on that ground alone, I urge my lord to deny them bail.” Earlier, the accused persons had through their counsels, Chief Ricky Tarfa, SAN, and Chief Mike Ozokhome, begged the court to either grant them bail on self recognition on liberal terms. Moving the motion for their bail dated February 1, and filed pursuant to section 35, 36 (5) of the 1999 constitution as amended, and section 340 and 341(2) of the Criminal Procedure Code, Chief Tarfa urged the court to take cognizance of the fact that the first accused, Farouk, had in the course of investigation into the matter, reported to the Police on 37 different occasions, noting that the duo never violated the administrative bail given them by the police. “The first accused has had cause to travel out more than four times since the commencement of the investigation, the second accused has had cause to travel to the USA more than two times since then. My Lord, the first accused has been a full time member of the House since 1999; he is also a member of the ECOWAS parliament and has been a member for the last 12 years. “He is one of the founding members of the said ECOWAS parliament and he is presently chairing the committee on Administration of Finance.” Tarfa then relied on decided case-law in Owudalu Versus the State, 2008, AFWLR, and Ebute & Others Versus the State, 1994, 8-NWLR, arguing that not only did the accused persons fail to abscond when they had the opportunities, they had voluntarily submitted themselves to the police for investigation. “The accused persons are willing and ready to face their trial. My Lord should also take cognizance of their status and positions in the society and grant them bail on self recognition. The constitution says they should be considered innocent until proven guilty,” he insisted. In his short ruling, Justice Oniyangi, said he would need time to consider the application, saying the accused persons should be remanded in Kuje Prisons till February 8, when the case would come up. The number two of the charge against them read: “That you Hon. Farouk Lawan (M) while being a member of the House of Representatives and chairman of Ad-hoc committee on Monitoring of fuel subsidy regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did while acting in the course of your official duty corruptly obtained $500,000 for yourself from Mr. Femi Otedola, chairman Zenon Petroleum and Gas Ltd as an inducement to remove the name of Zenon Petroleum and Gas Ltd from the report of the House of Representatives Ad-hoc Committee on Monitoring of Fuel Subsidy regime, thereby committing an offence contrary to Section 17 (1) of the Corrupt practices and other Related Offences Act, 2000 and punishable under section 17 (1) of the same Act. ”That you Mr. Emenalo Boniface (M) while being a public officer, an Assistant Director and Secretary of the House of Representatives’ Ad-hoc Committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory, FCT, under the jurisdiction of this honourable court did while acting in the course of your official duty as Secretary...corruptly asked for $3,000,000 for yourself from Mr. Femi Otedola, and thereby committing an offence contrary to Section 8 (1) (b) (ii) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under section 23 (3) of the same Act.” Shortly after the Farouk Lawan- led panel released its report that exposed astronomical fraud perpetuated by various companies under the subsidy regime, Mr Femi Otedola, released an audio tape with a view to proving that the probe panel demanded cash-for-clearance from him. Otedola specifically accused Lawan of demanding for $3million to exonerate his company, emphasizing that the lawmaker even went to the extent of stuffing monies in his cap on one of the occasions he came to receive bribe on behalf of the panel. However, Lawan, through his lawyer, Chief Mike Ozokhome, SAN, refuted the allegation that he stuffed money in his cap, stressing that contrary to insinuation that he travelled to Lagos to collect the bribe as alleged, he only received money from Otedola on two separate occasions at his room at Protea Hotel, Apoin Abuja and at Otedola’s house at Aso Drive Asokoro also in Abuja. Describing the audio tape which was released to media houses as “a devilish caricature”, Lawan then urged Nigerians to give him the benefit of doubt, insisting that he would not rest until he proved that the primary intention why he collected the money was to uncover the level of corruption within the oil sector of the Nigerian economy. In a bid to further puncture the probe report, Otedola alongside his company, Zenon Oil and Gas, filed a suit before the High Court, seeking N250billion against Farouk and the Speaker of the House of Representatives, Aminu Tambuwal, as exemplary damages for alleged oppressive and arbitrary actions allegedly meted against him.

*Kills 17 sect members, loses one

The Military Joint Task Force, JTF, Operation Restore Order, in Borno State yesterday said it has bombed training camps allegedly used by members of the Boko Haram sect in the state.
In a statement signed by Lt Col. Sagir Musa, spokesperson of the JTF, it said the agency used a Nigerian Airforce Helicopter Gunship to dislodge ''Boko Haram Terrorists’ Camps located in Sambisa Game Reserve in Bama Local Government and Farin – Ruwa Forest South West / East of Demboa Local Government Area of the state between Wednesday, January 30 and Thursday January 31, 2013.”
According Musa, “the camp was properly sighted, fortified and had training facilities; armoury, accommodation, drugs store/medical, kitchen, vehicle holding area, latrine and water points, River.''
The JTF further said the camp was used to conduct training for members as well as carry out recent attacks, killings and bombings in “Maiduguri, Musari, Konduga, Biu, Bama, and Demboa communities.”
The statement also said efforts by JTF troops to destroy the camps led to fierce exchange of fire that resulted in the death of 18 people including one of its operatives and 17 Boko Haram members.
Lt Col Mr. Musa stressed that the camps were completely destroyed just as the area was still being monitored.
He listed some of the items recovered from the camp as six AK 47 rifles, two G3 rifles, three pistols, one Rocket Propelled Grenade Bomb, RPG, one RPG Tube, 20 RPG Chargers, two double barrel rifles, and 2, 543 assorted ammunition.“Other items included 33 assorted empty magazines, three Laptops Computers,  10 assorted Motorola Workie Talkies; 20 telephone handsets, 40 assorted Primed IED canisters, three bags of rice and two bags of beans, two jerry cans of palm oil, one bag of salt, one electric generator set and light green uniform,s “Musa then asked local communities to give credible and timely information to the JTF and other security agencies.“
''The JTF wishes to use this opportunity to reiterate on the need for local communities to give credible and timely information to the Task Force/ Security agencies,'' he added.

$3m bribery scam: Farouk, Emenalo docked, remanded in Prison

•Duo to spend one week at Kuje prison

Despite their passionate plea for clemency, an Abuja high court, yesterday, ordered the immediate remand of the erstwhile Chairman and Secretary of the House of Representatives Ad-hoc Committee on Fuel Subsidy probe, Farouk Lawan and  Boniface Emenalo in prison custody.
The court presided over by Justice Mudashiru Oniyangi ordered the accused lawmakers to be remanded for one week in Kuje Prisons, Abuja, pending the determination of their bail application on February 8.
 The order was made shortly after the duo pleaded not guilty to a seven-count criminal charge preferred against them by the Independent Corrupt Practices and other Related Offences Commission, ICPC.
 Specifically, the lawmakers were accused of demanding and collecting bribe from the Chairman of Zenon Petroleum and Gas Ltd, Femi Otedola, as an inducement to remove the name of his company from the report of the Ad-hoc Committee on Monitoring of Fuel Subsidy regime.
They were said to have collected an aggregate sum of $3million, with a view to ensure that Zenon Petroleum and Gas Ltd escaped prosecution even though the committee had ab-initio found it culpable in the fuel subsidy fraud, an offence that was contrary ‘’to Sections 17 (1) (a); 8(1) (a) (b) (ii), and 23 (i) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under section 8 (1) 17 (1) and 23(3) of the same Act.
Besides, the commission further alleged that Emenalo, while being a public officer, an Assistant Director and Clerk of the Committee on Education of the House of Representatives sometime in April 2012, and while acting as the Secretary of the Ad-Hoc Committee, was offered gratification by Otedola but failed to report the offer to any officer of the ICPC or any police officer.
Whereas both accused persons were charged together in the first count of the charge, however, count two, three and four were preferred against Farouk alone just as count five, six seven 6 were preferred  against Emenalo alone.
Meanwhile, shortly after they took their turns to plead their innocence of the crime, Counsel to the ICPC, Chief Adegboyega Awomolo, SAN, implored the court to remand them in prison custody pending their trial.
Awomolo told the court that the accused persons served him with their consolidated bail application yesterday morning, adding that he had anticipated such move and prepared legal authorities he said would guide the court into deciding that it was in the interest of justice for the duo to be remanded in prison.
Relying on Section 8, 10, 17 and 23 of the ICPC Act 2000 and the decided case-law in Asari Dokubo Versus Federal Republic of Nigeria, 2007, 12 NWLR, he said: “We are opposing the application for bail and urge your lordship to refuse it. The accused persons are charged with an offence punishable by two to seven years imprisonment and therefore not ordinarily bailable. An application for bail is an application in equity which requires my Lord to exercise your discretion judicially and judiciously.
‘’The principles that guide the court in granting bail have been well enunciated in the case of Bamaiyi Versus the State, 2001, the nature and gravity of the offence and the likelihood of the accused committing another offence while on bail...
“The offence by which the accused persons are standing trial is the case of corruption by a public officer at the highest level, particularly in the legislative arm. The accussed persons, in the affidavit did not give an undertaking that if they go back to the National Assembly, they will not be members of another committee and that they will not demand or obtain bribe in the discharge of their official duty.
“Your Lordship needs to be assured that what prompted them to demand $3million will not also prompt them to demand $10million.The accused persons were part of the making of the ICPC Act; they knew the intention of the lawmakers and deliberately violated the law, on that ground alone, I urge my lord to deny them bail.”
Earlier, the accused persons had through their counsels, Chief Ricky Tarfa, SAN, and Chief Mike Ozokhome, begged the court to either grant them bail on self recognition on liberal terms.
Moving the motion for their bail dated February 1,  and filed pursuant to section 35, 36 (5) of the 1999 constitution as amended, and section 340 and 341(2) of the Criminal Procedure Code, Chief Tarfa urged the court to take cognizance of the fact that the first accused, Farouk, had in the course of investigation into the matter, reported to the Police on 37 different occasions, noting that the duo never violated the administrative bail given them by the police.
“The first accused has had cause to travel out more than four times since the commencement of the investigation, the second accused has had cause to travel to the USA more than two times since then. My Lord, the first accused has been a full time member of the House since 1999; he is also a member of the ECOWAS parliament and has been a member for the last 12 years.
“He is one of the founding members of the said ECOWAS parliament and he is presently chairing the committee on Administration of Finance.”
Tarfa then relied on decided case-law in Owudalu Versus the State, 2008, AFWLR, and Ebute & Others Versus the State, 1994, 8-NWLR, arguing that not only did the accused persons fail to abscond when they had the opportunities, they had voluntarily submitted themselves to the police for investigation.
“The accused persons are willing and ready to face their trial. My Lord should also take cognizance of their status and positions in the society and grant them bail on self recognition. The constitution says they should be considered innocent until proven guilty,” he insisted.
In his short ruling, Justice Oniyangi, said he would need time to consider the application, saying the accused persons should be remanded in Kuje Prisons till February 8, when the case would come up.
The number two of the charge against them read: “That you Hon. Farouk Lawan (M) while being a member of the House of Representatives and chairman of Ad-hoc committee on Monitoring of fuel subsidy regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did while acting in the course of your official duty corruptly obtained  $500,000  for yourself from Mr. Femi Otedola, chairman Zenon Petroleum and Gas Ltd as an inducement to remove the name of Zenon Petroleum and Gas Ltd from the report of the House of Representatives Ad-hoc Committee on Monitoring of Fuel Subsidy regime, thereby committing an offence contrary to Section 17 (1) of the Corrupt practices and other Related Offences Act, 2000 and punishable under section 17 (1) of the same Act.
”That you Mr. Emenalo Boniface (M) while being a public officer, an  Assistant Director and Secretary of the House of Representatives’ Ad-hoc Committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory, FCT, under the jurisdiction of this honourable court did while acting in the course of your official duty as Secretary...corruptly asked for $3,000,000  for yourself from Mr. Femi Otedola, and thereby committing an offence contrary to Section 8 (1) (b) (ii) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under section 23 (3) of the same Act.”
Shortly after the Farouk Lawan- led panel released its report that exposed astronomical fraud perpetuated by various companies under the subsidy regime, Mr Femi Otedola, released an audio tape with a view to proving that the probe panel demanded cash-for-clearance from him.
Otedola specifically accused Lawan of demanding for $3million to exonerate his company, emphasizing that the lawmaker even went to the extent of stuffing monies in his cap on one of the occasions he came to receive bribe on behalf of the panel.
However, Lawan, through his lawyer, Chief Mike Ozokhome, SAN, refuted the allegation that he stuffed money in his cap, stressing that contrary to insinuation that he travelled to Lagos to collect the bribe as alleged, he only received money from Otedola on two separate occasions at his room at Protea Hotel,  Apoin  Abuja and at Otedola’s house at Aso Drive Asokoro also in Abuja.
Describing the audio tape which was released to media houses as “a devilish caricature”, Lawan then urged Nigerians to give him the benefit of doubt, insisting that he would not rest until he proved that the primary intention why he collected the money was to uncover the level of corruption within the oil sector of the Nigerian economy.
In a bid to further puncture the probe report, Otedola alongside his company, Zenon Oil and Gas, filed a suit before the High Court, seeking N250billion against Farouk and the Speaker of the House of Representatives, Aminu Tambuwal, as exemplary damages for alleged oppressive and arbitrary actions allegedly meted against him.

Blame Jonathan for insecurity— Obj

•Says Achebe is living in the past

In an exclusive interview published in the February issue of the pan-African magazine, New African, former President Olusegun Obasanjo, has accused President, Goodluck Jonathan of mismanaging the security issues engulfing the country.
He blamed Jonathan for the deteriorating situation caused by the insurgent Boko Haram. "If the President is the chief security officer of the country and there is a security problem, where do you go for the solution? And if that solution is not coming from the chief security officer, who else inside and outside will get a solution? He has the responsibility to solve the problem, and nobody else should be blamed but him.” In a wide-ranging interview, the former General also challenged claims made by Nigerian literary giant, Chinua Achebe, regarding the country's civil war in the 1960s. Obasanjo rebuffed claims that successive Nigerian administrations have marganalised the Igbo ethnic group within the country.
"Maybe he is making those remarks because he is not living in Nigeria. If he was living in Nigeria, when I was the president of this country, an Igbo lady was my Minister of Finance, and Igbo man was the Governor of the Central Bank; an Igbo man was one of the military service chiefs. The permanent representative to the UN was also an Igbo person. What more do you want? For someone to say the civil war has not ended, 40 years after its conclusion, that person is living in the past.”
*You can read the full interview in the February issue of New African.

18 Nigerians languish in Indonesian prisons

NO fewer than 18 Nigerians are presently languishing in various prisons in Indonesia with the fear that some of them may be among 10 slated for execution soon.
The18 Nigerians were condemned to death by the Indonesian courts in 2008 for their alleged various criminal offences ranging from drug peddling and other related offences.
So far, the Indonesian government had condemned a total of 21 Nigerians to death, sentenced four to life imprisonment and eight others to various jail terms ranging from 11 to 18 years.
Out of the 21 condemned Nigerians, two of them, Samuel Iwuchukwu Okoye and Hassan Anthony Nwaolisa were executed on June 28, 2008, while another, Augustine Ogbonna died under mysterious circumstances in the prison custody in September, 2008.
Worried by the plight of Nigerians in Indonesian prisons, a human rights activist and an Onitsha based legal practitioner, Mr. Melly Eze, at a news conference in Onitsha yesterday urged President Goddluck Jonathan, as well as the senate president, David Mark and speaker of House of Representatives, Aminu Tambuwal to prevail on the Indonesian president, Suuilo Bambang Yudhoyonoto, who is visiting Nigeria today to revisit the case of the Nigerians.
Eze had, in April 2010 written a strongly worded petition to Hon. Abike Dabire-Ewa, Chairman of House of Representatives Committee on Diaspora, urging her to mediate on behalf of the Nigerians.
He said: “ There is a fresh threat to execute the prisoners on death row anytime from now if no further diplomatic efforts and pressure are mounted on the Indonesian authorities.
“I have it on good and reliable authority that officials of Indonesian government who opened discussions with the Nigerian delegation are now expressing disappointment over an apparent display of un-seriousness on the part of Nigerian government over the diplomatic move already initiated by Nigerian government officials.”


The human right lawyer recalled that his earlier petition to the Presidency, National Assembly and the Foreign Affairs Ministry in respect of the 18 Nigerians on death row and others serving various jail terms in Indonesia  had attracted reactions from Senator Uche Chukwumerije who moved a motion on the floor of the Senate to that effect.
Saturday Vanguard also recalls that a former Foreign Affairs Minister, Chief Ojo Maduekwe, during his tenure, led a high powered delegation to Indonesia to mediate on behalf of the convicts and other prisoners serving various jail terms in Indonesia .
 Senate President, David Mark was also said to have promised that the issue will be addressed.

Appeal court affirms death sentence on Rev. King

 King’s lawyer set for Supreme Court
The Court of Appeal sitting in Lagos, yesterday, affirmed the death sentence passed on the General Overseer of the Christian Praying Assembly, Rev. Chukwuemeka Ezeugo, a.k.a Reverend King by Justice Joseph Oyewole of the Lagos State High Court.
’’I hereby rule that the prosecution effectively discharged the burden of proof on it. This appeal is devoid of any basis and accordingly fails. The judgment of the High Court is hereby affirmed, and the conviction imposed on the appellant, (which is death by hanging) is also affirmed,” Justice Fatimo Akinbami who read the judgement held. The two other members of the panel of Justices, Amina Augie and Ibrahim Saulawa concurred with the lead judgement.
Ezeugo was sentenced to death by the Lagos State High Court, Ikeja, on January 11, 2007 for the murder of one of his church members, Ann Uzoh.
Ezeugo was arraigned on September 26, 2006 on a six-count charge of attempted murder and murder but he pleaded not guilty to all the charges.
The prosecutor had said that the convict poured petrol on the deceased and five other persons and that Uzoh died on August 2, 2006; 11 days after the act was perpetrated on her.
Counsel to Ezeugo had filed a notice of appeal on January 16, 2007, containing 16 grounds of appeal against the judgment.
On June 10, 2008, the Court of Appeal granted him leave to argue the additional 16 grounds of appeal through an amended notice of appeal filed on June 15, 2008.
Rev. King’s Counsel, Mr Olalekan Ojo however criticised yesterday’s judgement, saying that his client will appeal the decision at the Supreme Court, as according to him, the judgment did not meet the expectation of the appellant.
In a unanimous judgement read by Justice Akinbami, the Appeal Court dismissed the appellant’s claim that the case of the prosecution was clustered with doubt and held that all the issues raised by the appellant failed, and resolved same in favour of the prosecution.
On the issue of dying declaration by Miss Uzoh, the Justice Akinbami said that there must be the belief in the danger of approaching death, and this belief is subjective rather objective and upheld the view of the lower court and held that the declaration of the deceased cannot be admitted as a dying declaration, since there was no immediate apprehension or fear of approaching death.
On the defence of alibi raised by appellant counsel, Justice Akinbami ruled that the evidences adduced by prosecution witness (Pw) 1, 2, 3, 4, 9 and 10, clearly pinned the appellant to the scene of the crime.
She said, “The import of alibi is to show that the accused was elsewhere other than the purported place of crime. It is the duty of prosecution to investigate such claims,” adding that “in the case of State vs Fatai Azeez, the evidence of the prosecution witnesses linked the appellant to the scene of the offence”.
According to Justice Akinbami, “even the evidence of a tainted witness is admissible once it is material to the case. A tainted witness is one who may not be an accomplice, but whose evidence may be admissible without the necessity of administering any special warning. The prosecution witness in this case is an eye witness and so the evidence is material to the case”.
Justice Akinbami further held that all evidence adduced by the prosecution witnesses, were unanimous, saying that they all pointed to the fact that the appellant actually used matches and petrol to set the deceased ablaze.
“Each of the prosecution witness gave evidence as to how the victim was beaten and burnt by the appellant. To my mind, there is no contradiction whatsoever and even if there were, it is immaterial, since all the witnesses are unanimous”.
On the style used by the lower court in arriving at its judgement, the appelate court said the trial judge  was at liberty to write his judgment in his own style, provided  he/she set out the issue for determination, thus showing a clear understanding of the facts as stated.
While pointing out that the evidence adduced especially by Pw 6, who performed the post mortem examination, revealing that the deceased died as a result of loss of fluid arising from the burning, Justice Akinbami said that the evidence of Pw 5, 8, 6 and 7, (doctors) all showed that the deceased died as a result of the burns.
The judge stressed that the evidence of pw 2, who was the Investigating Police Officer, IPO, also revealed the items used in carrying out the dastardly act on the victim pointing out that the burden of proof in a criminal trial lied on the prosecution, and this was done beyond reasonable doubt.
“Proof does not mean proof beyond scientific certainty or beyond any shadow of doubt, but only beyond reasonable doubt,’’ the Judge added.
Condemning the attitude of some pastors towards their congregation, the judge said that the circumstance surrounding the death of the deceased was so bizarre, adding: “the ingredient of this case is so bizarre. It is so devastating how some men of God will give out to their congregation, scorpion instead of fish, and stone instead of bread.It is indeed sad and unfortunate”.
However, Director of Public Prosecution, DPP, Mrs. Olabisi Odugbesan, said there was no miscarriage of justice and that all the grounds for the appeal were misconstrued. “We are very pleased that justice has been done today. We know that the judgment will serve as deterrent to future and incident of this nature by church leaders that abuse and exploit their followers.”

2 Sons Kidnap 74-Yr-Old Father

The two brothers, Ifeanyi and Obinna, aged 44 and 33 respectively, were arrested by the State Anti-Robbery Squad (SARS), led by Supol James Nwafor, after they were implicated in the alleged abduction of their father, Chief Mike Onwukamuche.
The two sons were said to have demanded for N5 million ransom from their father. According to investigation, the 74-year-old victim was abducted in Ojota and taken to Obosi and was allegedly held hostage for one week by the suspects. Both Ifeanyi, who was the victim’s heir and his younger brother, Obinna, according to investigation decided to kidnap their father because he did not give them money to support the upkeep of their families when they requested.
The two alleged evil brothers were unmasked by their younger brother, Dr Emeka, who suspected a foul play when their father suddenly disappeared. The younger brother suspected that his elder brothers must be connected with their father’s disappearance. He followed up his suspicion with lodging a formal complaints with the SARS whose operatives swung into action immediately and effected the arrest of Ifeanyi and Obinna and their friend, who owns the house where the victim was held hostage.
Ifeanyi explained his role to CrimeWatch: “ I am the first son of my father, Chief Mike Onwukamuche and I have to kidnap my father. I am a businessman, I travelled to Thailand and I was dealing on drugs before I was deported. In November 2012. I told my father that I was handicapped and that I needed some money to start a business. But despite the fact that my family was suffering he kept on promising and I have no means of livelihood. I organized with my younger brother, Obinna, who was in the same situation and we arranged with my friends to kidnap him.
“The four-man gang of kidnappers including Obinna participated and kidnapped my father from Ojoto and took him to Obosi, and kept him in my friend’s house for one week.” “We demanded N5million from my father. My father is a businessman and he sells baby wears at Onitsha and he has a lot of landed property in Onitsha. But he refused to assist us. It was my junior brother, Dr Emeka who reported to the police that our father had disappeared and reported the case to the police and we were arrested”. Another suspect, Obinna explained his role: “I followed the kidnappers to kidnap my father.
I asked my father to give me money to start another business because my business was not doing well. My father has enough landed property in Onitsha. “I asked him to give me N3m to start another business but he refused. We arranged with my elder brother, Ifeanyi and other kidnappers and kidnapped my father and kept him in one of the kidnappers’ house. My father spent one week with the kidnappers but my father didn’t know that I was part of those who kidnapped him.”
The Onwukamuches hail from Idemili Local Government Area of Anambra State. Obinna said: “We haven’t collect the money (ransom) but we were about collecting it when men of the SARS arrested us.” Another suspect, Obi told CrimeWatch that they the victim. We carried out the kidnapping with Obinna, his son who was my friend and took him to my own house where he spent one week there. “We demanded N5million from him before the SARS came and rounded us up,” he said.
The Anambra state Commissioner of Police, Mr. Ballah Nasarawa told CrimeWatch that it was one of the victim’ children, Dr Emeka Onwukamuche who came to report to SARS and his brothers, Ifeanyi and Obinna who confessed to have kidnapped their father before the father was released from where he was kept. CP Nasarawa explained that they demanded for N5million and Chief Mike Onwukamuche couldn’t believe that his sons were the architects of his abduction until when the two sons confessed to him that they were the one who masterminded his kidnapping
The victim expressed shock about the incident, “ I couldn’t believe it that my own first son could arranged with his younger brother to kidnap me because they wanted me to give them money to start business. They were requesting for N3m to start another business. I promised to give them but that they should be patient. I sent Ifeanyi abroad but when he got there he sold drugs and he was deported back home. Obinna was given money to do business but he squandered the money and requested for another N3m. I promised to give them the money but that they should give me more time.”
He said that it was his junior son; Dr Emeka who came to his rescue by reporting the case to SARS in Awka when he saw that I had disappeared from the house. He said that he has disowned the two sons and said they should not come back to him and that they should face the consequence of their action. CP Nasarawa said that the three suspects would soon be charge to court.’