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Asset forfeiture: Again, Federal High Court Refuses To Hear EFCC’s Stay of Execution Application against Yahaya Bello—Justice Nicholas Oweibo of the Federal High Court in Lagos, on Monday, refused to entertain an application filed by the Economic and Financial Crimes Commission, seeking a stay of execution of the ruling that lifted a forfeiture order on some assets linked to the Kogi State Governor, Yahaya Bello.

The judge adjourned the hearing of the application indefinitely because the matter is now before the Lagos Division of the Court of Appeal.

Justice Oweibo had, on April 26, 2023, struck out a suit by the EFCC seeking the final forfeiture of the properties on the grounds of provisions of Section 308(1) of the Constitution.

The Judge had held that “given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/ criminal prosecution, the court lacks jurisdiction to entertain the matter”, and the suit was struck out.

When the matter was called on Monday, the EFCC counsel, Rotimi Oyedepo (SAN), informed the court that he had filed an application dated April 27, 2023, seeking a stay of execution of the ruling pending the outcome of the appeal on the case.

But in his response, counsel to the Kogi State governor, Akoh Ocheni, asked the court to strike out the application because the anti-graft agency failed to comply with the rules of the court, which mandates it to file a written address along with the application.

Ocheni also informed the court that the matter was now before the Court of Appeal as records of proceedings have been transmitted to the upper court.

He argued that the lower court lacked the jurisdiction to continue to hear the application.

After listening to the lawyers, Justice Oweibo adjourned the matter sine die to await the appellate court’s decision.

The judge had earlier on February 22, granted a temporary forfeiture order following an exparte motion filed by the EFCC seeking to seize 14 properties located in Lagos, Abuja and the United Arab Emirates (UAE).

Governor Bello, however, filed a Notice of Intention to oppose and an application seeking the vacation of the interim forfeiture order.

The Governor, through his lawyer, Abdulwahab Mohammed (SAN), also argued that the property listed were not proceeds of unlawful acts, as they were acquired long before he was elected as Kogi State Governor and could not have been received from Kogi State funds.

He further submitted that the case was in flagrant disobedience to a state high court order, which restrained the Economic or government agency from taking action that may lead to the forfeiture of the properties.

He added that the interim forfeiture order was obtained by either suppression or misrepresenting facts by the Commission.

The governor also said that the proceeding of the Crime Act could not take effect in retrospect as the property in dispute was acquired before he became Kogi state governor.

He said the validity of the Crime Act is being challenged at the Supreme Court.

In his response, the counsel to the EFCC, Rotimi Oyedepo (SAN), maintained that the applicant had placed sufficient materials before the court to convince the court to vacate the order.

The judge held that given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/criminal prosecution, the court lacked the jurisdiction to entertain the matter.

The court, therefore, struck out the suit for lack of jurisdiction.

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JUST IN: Kellyrae Wins BBNaija Season 9 No Loose Guard N100m Grand Prize [VIDEO]

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Kellyrae

JUST IN: Kellyrae Wins BBNaija Season 9 No Loose Guard N100m Grand Prize [VIDEO]—-Kellyrae, Big Brother Naija ‘No Loose Guard’ housemate, has been crowned winner of the season.

TCN reports that Kellyrae was announced with on the 71st day of the show.

Ebuka Obi-Uchendu, host of the show, Ebuka, announced the winner on Sunday.

The eight housemates who made it to the finals were Soj, Anita, Nelly, Onyeka, Wanni, Victoria and Ozee.

As the competition winner, Kellyrae goes home with N100m of prizes.

Watch the moment below

Click HERE to watch

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Bobrisky: NCoS Anticipate Investigation outcome, Clarifies Inmate Admission Process

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Bobrisky

Bobrisky: NCoS Anticipate Investigation outcome, Clarifies Inmate Admission Process—-The Nigerian Correctional Service (NCoS) has confirmed an ongoing investigation into allegations surrounding convicted cross dresser, Idris Okuneye, also known as Bobrisky’s accommodation, with findings pending.

Abubakar Umar, Deputy Controller of Corrections (DCC) Service Public Relations Officer (SPRO) disclosed this in an interview with the News Agency of Nigeria (NAN) on Sunday in Abuja.

Umar also highlighted the service’s commitment to rehabilitation and safety through its comprehensive inmate admission process.

NAN recalls that Bobrisky was convicted for mutilating the naira in April and was sentenced to six months in jail.

NAN also reports that Mr Vincent Otse, social media influencer and human rights activist known as Very Dark Man (VDM) published an audio recording which captured Bobrisky allegedly saying that he spent his jail term in a private apartment.

The audio also captured Bobrisky allegedly saying that he paid N15 million to Economic and Financial Crimes Commission (EFCC) officials to drop charges of money laundering against him.

Meanwhile, the Federal Government, On Monday, Sept. 30,  inaugurated an independent investigative panel to prove allegations of corruption and gross violations of standard operating procedures within the NCoS.

The Minister Of Interior, Dr Olubunmi Tunji-Ojo, who inaugurated the committee said that the committee must also look at the recent allegations that some correctional service personnel had provided alternative accomodation for Bobrisky.

Umar, however, explained that inmates undergo comprehensive assessments to determine security risks, needs, and responsivity issues when brought to custodial centres.

According to him, the admission board evaluates each inmate to ensure safe housing and effective rehabilitation.

Umar who, outlined the service’s rigorous admission process for inmates, added that adherence to human rights principles through the approach was also paramount.

“Well, upon conviction of every offender from court, either awaiting trial or convicted, once they are brought to our facility, there is a process they go through before and during admission.

“Let me say during admission, there is what we call admission board, which comprises the officer in charge, the second in command, the medical officer in charge of the custodial center, the record officer and other relevant officers.

“They will go through the information contained therein in the warrants, also, before he will be allocated cell, there is what we call, determination of security.

“Determination of security refers to one’s risk assessment. The person risks self harm, safety of other inmate and officers. We also have what we call needs assessment, which is focused on criminogenic need areas.

“These are behaviours that may cause, criminal behavioural and other criminological needs.These are the things that we look into before an inmate is allocated cell.

“Furthermore, we also look at what we refer to as responsivity issues. There are things that can affect his participation in intervention or make it difficult for him to adjust to custodial life.

“So, having worked all this in, then it will be determined which cell such inmates will be allocated to,”he maintained.

According to Umar, during Bobrisky’s court appearance and subsequent admission to our facility, he was asked to declare his gender and he identified himself as male, but do not forget that, there are some other features that are on him.

“So because of those determination, I mean, what I refer to as classification and also determination of security of the custodial center, he was given an appropriate cell where he was kept.

“This is to also ensure that, he is not under threat within our custodial centers and he is kept safe also.

“Well, one thing I want to say here is that, the Minister of interior, has set up a committee to investigate the said alleged Bobrisky staying outside our custodial center.

“So until the determination of such or the outcome of such investigations, I think we should let it rest.

“I am only telling you that once an inmate or people are convicted, or are brought to our custodial centres, we have a standard of treatment to them during admission.

“They will be put through checks and these checks guide us on determination of security of such person both to the person and to the custodial center.

“But as to whether he was kept in our custodial facilities or he was kept outside the facility, until the determination of the outcome of the investigation on the allegations, I won’t be able to speak further on that,”he maintained.

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