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Alleged N7.1bn fraud: Court stops EFCC from retrying Orji Uzor Kalu

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Alleged N7.1bn fraud: Court stops EFCC from retrying Orji Uzor Kalu

The Federal High Court, Abuja on Wednesday, stopped the Economic and Financial Crimes Commission, (EFCC) from retrying former Abia Governor, Sen. Orji Uzor Kalu over alleged N7.1 billion fraud.

The trial judge, Justice Inyang Ekwo gave the order while delivering judgment in an application filed by the former governor seeking an order of court prohibiting the Federal Government through the EFCC from retrying him on a charge for which he had already been tried and convicted.

“An order is hereby made prohibiting the Federal Government through the EFCC, her agents, officers, servants, other agents and any other person or bodies deriving authority from the Federal Government from retrying the applicant (Kalu) on charge no. FHC/ABJ/CR/56/2007 FRN vs Kalu and two others on or any other charge based on the same facts;  the said applicant having been tried, convicted and sentenced by the judgment of this court dated Dec. 5, 2019 by Justice M.B Idris.”

Also read: Reps to probe alleged leakage of classified security documents

Justice Ekwo held that since Kalu was not mentioned in the judgment of the Supreme Court, which voided his earlier conviction and sentencing and ordered a retrial, the judgment did not apply to him.

Justice Ekwo ruled that it was only the former Commissioner of Finance in Abia  Government House, Jones Udeogu, that could be re-tried as only his name was mentioned in the Supreme Court judgment.

The judge rejected the argument of the prosecution that having benefited from the judgment of the Supreme Court, Kalu and his firm could not claim the order for retrial would not apply to them.

Kalu was charged alongside his frim, Slok and Udeogu, and while the duo were convicted and sentenced for 12 years, the company was wound up.

Udeogu, however, appealed the judgment and the Supreme Court set aside their trial and conviction in a judgment on May 8, 2020 on the grounds that the trial judge, having been elevated to the Court of Appeal, ought not to have continued to hear the case.

In the judgment given in an appeal, marked: SC/62C/2019 filed by Udeogu, the Supreme Court ordered a retrial in the case.

Following which the EFCC applied for a retrial and Kalu and his firm sued to challenge the application for a retrial  and argued among others that a retrial would subject him to double jeopardy.

Kalu, who is the Chief Whip of the Senate representing Abia North Senatorial District argued  that he had already been tried, convicted and imprisoned and the constitution provides that one could not be tried twice on the same charge.

Kalu’s counsel, Prof. Awa Kalu, SAN,  while adopting his processes had informed the court that Kalu stood for trial for 12 years and got the judgment that convicted and jailed him for 10 years.

The senior lawyer cited Section 36 (9) of the 1999 Constitution which provides that no Nigerian shall be subjected to double jeopardy to support his arguments.

The lawyer insisted that the former governor, having served time in prison, would be made to suffer double jeopardy if the court ordered the EFCC to retry him.

In an interview with newsmen, Awa Kalu said that the judgment was a victory for the law.

For his part, the EFCC counsel, Mr Oluwaleke Atolagbe wondered why Kalu would benefit from the Supreme Court judgment while Udeogu would not benefit from it.

Atolagbe said that he would consult with his employer to know the next cause of action, he however, added that an appeal was not off the table.

 

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3 Police, DSS Impersonators In Police Net Over “One Chance”

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3 Police, DSS Impersonators In Police Net Over “One Chance”

 Operatives of the Police Command in the Federal Capital Territory (FCT) have arrested three impersonators of the police and the Department of State Services (DSS) for an alleged ” one-chance” robbery.

The Commissioner of Police in charge of the FCT, Mr Olatunji Disu, said this during a media briefing on Wednesday in Abuja.

He said the three suspects along with nine others were recently arrested over “one chance” in different parts of the FCT.

“It will interest you to know that three of the suspects belong to a gang of “one chance” operators who specialise in masquerading as police and DSS officers.

“They pick up unsuspecting victims and take them to unknown locations demanding ransom for their release,” he said.

Disu said the suspects were on Oct. 12 arrested, following a complaint from one Jeremiah David and Amaka Humina at Anti-One Chance Office.

According to him, the complainants reported that they were stopped by three men in a white coloured Toyota Camry with Registration number ABJ 221 BV while in transit from Keffi to Abuja.

He said the suspects, forcefully ejected the complainants from the vehicle, claiming to be officers from the DSS on investigations.

Disu said the suspects drove the victims to an unknown destination and demanded that they call their family members to raise money for their release.

The CP said the suspects transferred the sum of N400,000 from the victim’s accounts, using their phones.

He said an iPhone 14 pro max, iPhone 15 pro, Samsung S20 and a Samsung S8 plus were also, collected from the victims.

According to him, upon receipt of the complaint, police operatives from the Police Command in the FCT trailed and arrested the suspects.

Disu said a total of six vehicles, suspected to be their operational vehicle and one locally made Barreta pistol were recovered from the suspects.

The CP said the command, on Oct. 30, received a report that a Golf III Saloon vehicle used by a suspected “one chance” operator was being burnt with their gang leader in Kubwa area.

“Police operatives quickly deployed to the scene met a group of people who claimed that a gang of “one chance” operators, terrorising Kubwa area were caught around NYSC junction.

“The vehicle was set ablaze with the suspected gang leaders while three others escaped the scene into the nearby bushes.

“Police operatives launched a manhunt and arrested the other gang members who had escaped the scene at their hideout in Malaysia IDP CAMP, APO mechanic village,” he said.

Disu said the suspects had freely confessed to being members of a notorious “one chance” syndicate led by the burnt suspects during interrogation.

The CP said the suspects had also, confessed to impersonating to be personnel of different security agencies to defraud unsuspecting citizens.

He said the suspects had been operating on various routes within the FCT for the past two years, especially along AYA-Zuba Express Way.

Disu said a gold-coloured Toyota Corolla with tinted glass windows without a registration number, a blue coloured Golf III vehicle without a registration number, an ash-coloured Corolla vehicle without a registration number and a white Toyota Avalon with registration number RBC 353 DK were recovered from the suspects.

He said other items recovered were an ash-coloured Corolla S without registration, a black coloured Nissan Patrol SUV with registration number ABC 117 BT, a blue coloured Toyota Matrix without registration number, one locally made baretta pistol, one 9mm live ammunition, seven knives and two ropes.

The CP said the suspects were currently in police custody, adding that they would be charged in court upon the conclusion of investigation. 

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Ex-OAU Murder: Appeal Court Adjourns For Judgment

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Ex-OAU Murder: Appeal Court Adjourns For Judgment

…As SSANU, NASU strike paralyses freshers’ orientation in OAU

The Appeal Court in Akure, on Tuesday, adjourned for judgment, a case in the murder of a post-graduate student of the Obafemi Awolowo University, Timothy Adegoke at the Hilton Hotel and Resort, Ike-Ife, Osun.

The three-man jury, headed by Justice Olufemi Akeju, held that the date for judgment would be communicated to the two counsels, Mr Femi Falana. SAN, and Mr Kehinde Eleja, after both adopted their written addresses.

Recall that the Osun State High Court on May 30, 2023, sentenced the owner of Hilton Hotel and Resort, Ile-Ife, Dr Ramon Adedoyin and his staff, Adeniyi Aderogba and Oyetunde Kazeem, to death by hanging for Adegoke’s murder.

Adegoke, 37, was gruesomely murdered in November 2021, and his body was found in a shallow grave at a location very close to Adedoyin’s hotel, where the decease had lodged.

Earlier, the appellants’ lead counsel, Eleja asked the court to dismiss the allegations and acquit his clients of the offence for which they were convicted.

He argued that neither the evidence nor the witnesses proved Adedoyin’s involvement in the said murder.

But the respondent’s counsel, Falana, urged the court to affirm the judgement of the lower court based on the copious evidence presented by the prosecution.

He added that the pieces of circumstantial evidence proved that Adedoyin conspired with others to commit the offence, asking the court to dismiss the appellants’ appeal.

In another development, still on OAU, the nationwide industrial action by the Senior Staff Association of Nigerian Universities (SSANU) has stalled the orientation programme organised by the Obafemi Awolowo University (OAU), Ile-Ife for first-year students.

The Chairman, SSANU, OAU Ile-Ife, Dr Taiwo Arobadi, disclosed this in an interview with newsmen, on Tuesday, in Ile-Ife.

Arobadi said that it was a pity that new students, who were being exposed to the dos and don’ts in the institution, could have such an ugly experience, while entering the institution.

He said that the union had directed the new students to remain in their hostels or return to their homes, if they came from far distance locations.

According to him, the offices would remain under lock and key and academic activities would as well be paralysed until the government answers them by paying their withheld four months salary.

The SSANU chairman said that it was unanimously agreed by the union for the strike to be total and indefinite, until government listened to them.

He pointed out that the union cannot allow the government to treat its members like slaves in their own country.

“We have spoken with the university management and appealed that they understand the position of the union, adding that the order for the strike came from the national leadership of the union.

“Immediately we receive an alert on our phones, we will resume our duties,” he said.

Arobadi, therefore, appealed to President Bola Tinubu to consider the plight of Nigerian youths, whose parents could not afford to sponsor their education abroad and look into their demands.

The SSANU and NASU embarked on a nationwide indefinite strike on Monday to demand the payment of their withheld four months’ salary. 

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Car Cleaner, Ezekiel Udoh Bags Life Jail For Impregnating 12-year-old

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Car Cleaner, Ezekiel Udoh Bags Life Jail For Impregnating 12-year-old

…As Plumber pleads guilty to impersonating on Instagram, awaits sentence 

 An Ikeja Sexual Offences and Domestic Violence Court has sentenced a 41-year-old car cleaner, Ezekiel Udoh, to life imprisonment for defiling and impregnating his neighbour’s granddaughter, aged 12.

 “A child was forced to bear a child, forever altering the course of her life,” Justice Rahman Oshodi said while imposing the sentence.

He judged that the prosecution proved beyond reasonable doubt that Udoh committed the offence.

Oshodi described the offence as grievous.

He said that the convict took advantage of the minor’s innocence as well as betrayed the trust placed on him as an adult in a community.

According to him, the consequences of the convict’s actions are profound and far-reaching as the defilement resulted in an unwanted pregnancy at a tender age.

“Evidence before this court reveals a disturbing pattern of predatory behaviour.

“You deliberately lured this girl to your room under the pretence of running errands and exploited her vulnerability and proximity.

“As a neighbour, most disturbingly, you engaged in sexual intercourse with her twice, showing a calculated and persistent pattern of abuse,” he said.

According to him, the law is clear that a child cannot consent to a sexual activity.

Oshodi said: “Section 137 of the Criminal Law prescribes life imprisonment for the offence of defilement, reflecting society’s utter condemnation of such an act and its determination to protect its most vulnerable members.

“This sentence serves as a deterrent to others contemplating similar crimes against children.

“I, therefore, sentence you to life imprisonment under Sections 33 and 38 of the Lagos State Domestic and Violence Agency  Law, 2021.”

He added that the convict’s name should be written in the Lagos State Sex Offenders Register.

Lagos State counsel, Mr Babajide Boye, led the prosecution team which presented three witnesses in the trial.

The witnesses are the minor/survivor, her grandmother and a social worker.

The convict testified as a sole witness for the defence.

The prosecution team submitted that the convict committed the offence sometime in January 2020 in Amuwo Odofin, Lagos Lagos.

According to the Lagos State Government, the offence contravenes Section 137 of its Criminal Law of 2015. 

In another development, a 24-year-old plumber, Precious Oruche, on Tuesday, in Lagos, pleaded guilty to impersonating on Instagram.

Oruche pleaded guilty to a one-count charge bordering on the offence, which the Economic and Financial Crimes Commission (EFCC) levelled against him at a Federal High Court in Lagos.

The defendant, standing trial before Justice Ayokunle Faji, admitted committing the offence, said to have been carried out in September 2022.

After his plea, the prosecutor, Mr S.I Suleiman, reviewed the facts of the case through a witness, Mr Daniel John, an operative with the EFCC.

The witness told the court how the defendant was arrested following intelligence by the commission.

He said that items recovered from the defendant include an iPhone 11, a grey colour Toyota Venza car model 2010, one gold necklace, three gold bracelets and one gold ring.

The prosecutor applied to show the witness the items seized from the defendant and the witness confirmed the same to the court.

He tendered the items before the court and they were admitted and marked as exhibits A to K

The court stood down the matter briefly so as to examine the Toyota Venza car exhibit, which the prosecution said was parked in the court’s compound.

After examining the same as well as the chassis number, the court also admitted and marked the car as exhibit L.

The prosecutor urged the court to proceed and convict the defendant based on his plea as well as the evidence led by the prosecution.

The court consequently held: “In line with section 274 of the ACJA, I find you guilty of the said charge and I pronounce you guilty.”

When asked to tell the court about himself, the convict said that he is a plumber born on Nov. 20, 2000 and a secondary school graduate.

The convict said that he made the sum of 6,500 dollars from his illegal deal.

During a plea for mercy, on his behalf, defence counsel urged the court to temper justice with mercy in sentencing the convict, as he did not waste the time of the court but pleaded guilty.

The court has adjourned the case until Nov. 1, for a sentence of the convict.

The court directed that the convict be remanded in custody of the Nigerian Correctional Service pending sentence.

According to the charge, the convict committed the offence in September 2022.

He was said to have fraudulently impersonated one Nancy Dorer on his Instagram page, by holding out himself as such, to gain advantage himself.

The offence contravenes the provisions of section 22(2) of the Cybercrime Prohibition Act, 2015. 

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