Tuesday, 1 November 2016

Supreme Court affirms that failure to affix NBA Stamp on a Legal Document renders such Document Incompetent
Supreme Court. Oct 28,
In a judgment delivered today in Appeal No. SC/722/15 All Progressives Congress (APC) V. General Bello Sarkin Yaki, the Supreme Court upheld the 2nd Cross-Appellant’s Cross appeal against the decision of the Court of Appeal, Sokoto Division which summarily dismissed the 2nd Cross-Appellant’s preliminary objection which challenged the Appellants’ Notice of Appeal for failure to bear the stamp/seal of the legal practitioner who signed it.

In allowing the appeal the Supreme Court upheld the sole issue formulated by the 2nd Cross-Appellant; ‘Whether the Court of Appeal was right to hold that failure of a legal document to have affixed to it a Stamp/Seal as mandated by rule 10(1) of the rules of professional conduct did not carry with it the consequence of rendering such legal document incompetent’.
By this decision the Court affirmed that if without complying with the mandatory provision of Rule 10(1) Rules of Professional Conduct for Legal Practitioners 2007 which requires a lawyer acting in his capacity as a legal practitioner, legal officer or adviser of any Government department or ministry or any corporation, who signs or files a legal document to affix on any such document a seal and stamp approved by the Nigerian Bar Association, the document so signed or filed shall be deemed not to have been properly signed or filed. The court has therefore declared that the signing and or filing of a legal document by a lawyer will not be competent if the NBA is not affixed to it
$2.2b arms deals: Dasuki to call Jonathan as witness
Posted By: Yusuf Allion: October 31, 2016 THE NATION
Ex-NSA prefers political solution
Former National Security Adviser (NSA) Sambo Dasuki, who is on trial for alleged mismanagement of $2.1billion arms funds, would like former President Goodluck Jonathan to be his witness, it was learnt yesterday.

Dr. Jonathan has faulted the charges against Dasuki, claiming that the ex-NSA could not have stolen about $2.2billion votes for arms. “We bought warships, we bought aircraft, we bought lots of weapons for the army,” he said in a recent interview at the Oxford Union in the United Kingdom.
Speaking with our correspondent, Mr. Ahmed Raji (SAN), the ex-NSA’s counsel, said Dasuki wanted Jonathan to testify in court.
Raji said: “It will be desirable for Jonathan to testify for the ex-NSA. It will throw greater light into grey areas. And it will serve the interest of Justice.
“It will be fantastic for him to go to court to testify. Dasuki is an agent of a disclosed and known principal.”
Another member of the legal team said: “With what Jonathan said in London, the only logical thing for him to do is to see it through.
“We want Jonathan to follow-through. If he backs out, it will be bad.”
But, in Raji’s view, a political solution will be better than trial because of the “characters involved”.
He said: “But, frankly speaking, I pray for a political solution to the problem because of the characters involved.
“Both the accused and the government should embrace a political solution to the problem.”
Asked if Dasuki is ready for political solution, he added: “Why not? He is.
”I believe the President is very sincere. He wants to reorganise Nigeria and he deserves the support of all.
“With a political solution, Mr. President will be in good stead to overcome unnecessary distractions in order to succeed.

“I pray that everybody will key into his vision and the economic challenges facing the nation.”
Those point of advising a political solution is that it will not be “tidy” for Dasuki to mention all those who got money from his office. Among them, said a source, are a prominent traditional ruler in the North, who reportedly got N500 million and a former Head of State.
A source, who spoke in confidence, said Dasuki’s defence team was banking on Jonathan’s testimony.
The source said: “All is set for the defence of Dasuki, who is still insisting on an open trial to let Nigerians know the beneficiaries of the arms cash.
“One of those who may testify is ex-President Goodluck Jonathan whose remarks in London appeared to be the first phase of the war chest of the ex-NSA.
“You know the ex-NSA said he acted on Jonathan’s instructions in disbursing some of the cash. And from the look of things, the ex-President is now ready to accept responsibility for whatever Dasuki did.
“We believe it has reached a level that Nigerians must know what really happened, how funds were disbursed and who got what.
“This is why a secret trial is not a viable option, with the way things are going.”
The source added: “So far, we have secured the consent of Jonathan to appear in court for Dasuki. This will make the trial worth it.”
It was learnt that a traditional ruler allegedly benefitted from the arms funds to the tune of about N500million.
Another source added: “Dasuki has a list of highly-placed beneficiaries from the arms cash. A particular traditional ruler got about N500million as a gift from the government through the Office of the National Security Adviser(ONSA). There are many hidden beneficiaries whom Nigerians must know.
“Nigerians will be shocked by some revelations which will come up during the trial. Nothing short of open trial will let Nigerians know the truth. We are ready for this.”
Dasuki had on December 13, 2015 said he disbursed the funds on Jonathan’s instructions.
The ex-NSA said: “I wish to state as follows: That I have been publicly indicted and any statement may jeopardise my defence. Having been briefed by the EFCC investigators on why I was invited, I will answer the charges in court. As such, I do not wish to make any further statement on the matter.
“That I am aware in November (I cannot remember the exact date), my office requested the CBN to exchange N10billion from the account of the Office of National Security Adviser domiciled in CBN. The money was exchanged at $47m and some Euros which I cannot remember. The exact amount was delivered at my residence.
“The money was for delegates that attended the nomination convention for the PDP. Presidential nomination. The money was paid and sent to Hon. (Waripamowei) Dudafa (SSAP Household) and ADC(C-I-C) for distribution on the instruction of the President.
“Based on the statement of Director of Finance and Administration (Salisu), Ibrahim Wambai, and Yazidu Ibrahim, all the cash (both foreign and local) are usually given to them for official use.
“I also noted the statement of Sagir Bafarawa whose company is Dalhatu Investment in which he stated that he received the sum of N4,633,000,000 from the account of the Office of the NSA. I authorised the payment . The money was for vehicles, motorcycles for youth empowerment and women sent to Saudi Arabia. I got the proposal from the President. I do not have the proposal; it should be at the office in the Villa.”

Saturday, 29 October 2016

# N1.4 Bn Arms Scam: EFCC Presents 13 More Exhibits against Badeh
Justice Okon Abang of the Federal High Court sitting in Maitama, Abuja on Thursday, October 27, 2016 admitted another thirteen exhibits tendered before it by the Economic and Financial Crimes Commission, EFCC, in the ongoing trial of a former Chief of Defence Staff, Air Chief Marshall Alex Badeh (rtd).
Badeh is being prosecuted by the EFCC alongside his company, Iyalikam Nigeria Limited, for allegedly abusing his office by using the dollar equivalent of the sum of N1.4billion (One Billion, Four Hundred Million Naira) removed from the accounts of the Nigerian Air Force, NAF, to purchase properties in choice areas of Abuja between January and December, 2013.

The offence contravenes Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.
Counsel to EFCC, Rotimi Jacobs, SAN, led the seventh prosecution witness, PW7, Oluwatoyin Oke (a business woman); from whom the first defendant (Badeh) allegedly bought a choice property in the Wuse 2 area of Abuja in evidence.
The witness told the court that she used to own and live in No. 19, Kumasi Crescent, Wuse 2 Abuja also known as plot 456 Kumasi Crescent Wuse 2, until 2013 when she sold it for N260million.
Oke stated that after putting the property up for sale, she was contacted by one Abba Maidama who informed her of an interested buyer.
Upon inspection of the property, Maidama further informed her that his client was ready to commence payment in three installments.
The PW7 told the Court that the first installment she received was $550,000.00 (five hundred and fifty thousand United States dollars) which was paid into her account by the agent.
Upon receipt of the second and third installments of the dollar equivalent of N260million, Oke stated that she signed and handed over all the original documents and title deeds of the property, including a Power of attorney, Deed of Assignment and Deed of Sale to Maidama.
Prosecuting counsel now asked the witness to ascertain copies of the documents which were shown to her in court; and she did.
Thereafter, the documents were tendered and marked as exhibits D8 to D20 with no objection from lead defense counsel, Akin Olujimi, SAN.
Olujimi was called upon to cross-examine the witness to which he declined.
Justice Okon Abang, thereafter, adjourned to the November 2 and 3, 2016 for continuation of trial.

Thursday, 27 October 2016

FASHOLA INSPECTS KASHIMBILA 4OMW HYDRO-POWER PLANT IN TARABA STATE, THURSDAY 27TH OCTOBER 2016.
, THURSDAY 27TH OCTOBER 2016.

Wednesday, 26 October 2016

– President Muhammadu Buhari has got a third rejection from someone he nominated to head the Nigeria Electricity Regulatory Commission (NERC) – Two other Nigerians had recently rejected the president’s offer that they should serve as the country’s diplomats – The reason given by Pauline Tallen, one of the former nominees, was the same argument reportedly given by the nominee for NERC It is the third major blow for President Muhammadu Buhari within one week as another Nigerian has rejected an offer from his government. This time, Professor Akintunde Akinwande has reportedly rejected an offer by the president to serve in the Nigeria Electricity Regulatory Commission (NERC) as chairman. Share on Facebook Share on Twitter Prof Akintunde Akinwande reportedly rejected the offer This was made obvious by Akinwande’s absence at the Senate session on Tuesday, October 25 when he and his other nominees were to be screened. The Nation quoted a source as saying Akinwande turned down the offer based on the alleged fact that he was not consulted before the nomination was made. Two other Nigerians, including Pauline Tallen from Plateau state had earlier rejected Buhari’s offer to be Nigeria’s diplomats based on the excuse that there were no adequate consultations. READ ALSO: Bugaje rejects Buhari’s appointment In the case of Professor Akinwande, he was said to be the only one whose profile and credentials were missing among the seven nominees for the board of NERC. While Akinwande was to be the chairman, the other nominees for the board appointment included  Sanusi Garuba (vice chairman), Nathan R Shatti (commissioner), Dr. Moses Arigu (commissioner), Dafe C Akpeneye (commissioner), Prof Frank Okafor(commissioner) and Musiliu O Oseni(commissioner). While claiming that Akinwande was doing a project at the Massachusetts Institute of Technology (MIT), the reported source added: “We also learnt that enough consultation was not made before the man was nominated. We were informed that the nominee may have turned down his nomination.” Following the absence of Akinwande, the chairman of the committee mandated to do the screening informed that the exercise would not continue adding that the board was very important for the boosting of power sector in the country. He said: “Regrettably, when members of the committee assembled to screen the nominees made by President Muhammadu Buhari, we were told that the chairman designate was unavoidably absent. READ ALSO: Ambassadorial list: Put your complains in writing – Buhari “The Presidential liaison who brought the nominees informed us that the chairman was unavoidably absent.” He noted that the board members were nominated three months ago and wondered why the presidency did not have the knowledge that any of the members would reject the offer. “We cannot screen them until we have a formal communication from the presidency,” he said.
Read more: https://www.naij.com/1022805-huge-blow-buhari-third-nominee-rejects-appointment-photo.html

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