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Court rejects EFCC’s plea to play video against ex-NNPC GMD Andrew Yakubu

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A Federal High Court, Abuja has rejected the request by the Economic and Financial Crimes Commission, EFCC, to play video evidence in the ongoing trial of the former Group Managing Director of the Nigerian National Petroleum Corporation, NNPC, Andrew Yakubu.

Justice Ahmed Mohammed, in a ruling, dismissed the application on the grounds that Mr Yakubu was not the maker of the exhibits and as such, he could not be cross-examined based on those documents.

Justice Mohammed had, on June 30, fixed today for ruling on the anti-corruption agency’s application.

The agency’s lawyer, Farouk Abdullah, had sought an order of the court to play video documents which were tendered while taking the evidence of the sixth prosecution witness (PW6) on Oct. 17, 2018, and admitted in evidence by the court in cross examining Mr Yakubu, who was in the witness box as the first defence witness.

The court had marked the documents tendered as Exhibits ‘M’ ‘N’ and ‘N1’ while Exhibits ‘M’ and ‘N’ were compact discs, Exhibit ‘N1’ was a memory card.

Counsel to the defendant, Ahmed Raji, however, opposed the EFCC’s application.

Mr Raji had argued that the former GMD was not a maker of the exhibits which in the eyes of law were documents.

“This ought to have been done through the witness who produced the document (PW6)  and who is the maker and who tendered exhibits in them,” he had said.

The senior lawyer also argued that allowing such application would be going contrary to “the directives of the Court of Appeal as to what is to be done in the suit.”

The EFCC lawyer also disagreed with Raji.

Mr Abdullah had enjoined the court to look at the provisions of the Evidence Act as to whether a counsel in a trial has a right to make use of exhibits already before the court at any stage of proceedings in determining an issue, particularly in cross examination.

He submitted that an exhibit already before a court could be used to either establish a fact or dispel a fact at any stage of a proceeding.

“It is a right that can be enjoyed by both prosecution and defence.

“We urge my lord to so hold and answer this in affirmative,” he had said.

The Judge, however, disagreed with the EFCC in his ruling.

Justice Mohammed also deferred the agency’s fresh application to recall two prosecution witnesses for a re-examination pending when Mr Yakubu’s cross-examination is completed.

Mr Abdullah had applied for a recall of two of the agency’s PWs in the trial following the court’s rejection of his request to play the video evidence.

But Mr Raji opposed the prayer, arguing that since the EFCC had called all its witnesses and closed its case, “recalling those witnesses when the defendant had already opened his defence and he is in the witness box will only interrupt the proceeding.”

He also argued that allowing the prayer would not be doing justice to the defendant who had been in the witness box for over a year.

He urged the court to defer the anti-graft commission’s application until his client’s cross examination is completed.

Ruling, the judge noted that the former GMD, who had been in the witness box as Defence witness 1 since July 8, 2020, had already given his evidence before the court.

Mr Mohammed held that it would be unfair to keep the defendant in the witness box for over a year and grant such prayer when the cross examination was yet to be completed

“Therefore, the application to recall two witnesses is defer until the DW1 cross examination is completed,” he ruled.

Mr Abdullah then applied for a short adjournment to enable him produce some documents which would be relevant in cross examining Mr Yakubu.

Mr Raji described the application as “a deliberate attempt to prolong the proceeding for reason known to the prosecution.”

He said in order to delay processing, the EFCC lawyer had been coming up with one application or another.

“My lord, I want it to be on record because if a defence counsel does this, especially senior lawyers, the same song will be ‘oh, they don’t allow criminal trials to move.

“My lord, a diligent prosecution would have come with everything,” he said.

Mr Raji, who said application for adjournment was lacking in merit, urged the court to refuse it.

“It is against the spirit of justice and Administration of Criminal Justice Act),” he said.

The judge said though the court was not inclined to granting the plea considering the time the exercise had taken, he adjourned the case until July 29 for continuation of the cross examination of Mr Yakubu.

According to reports, the anti-graft agency had, in 2017, raided the residence of the ex-NNPC boss in Kaduna and found 9, 772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.

Mr Yakubu was, however, arraigned on March 16, 2017 on six counts but the trial court struck out counts five and six.

The Court of Appeal also ordered the former GMD to defend only count three and four which bordered on failure to make full disclosure of assets, receiving cash without going through financial institution.

NAN

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Headlines

Commission, journalists partner to revamp water sector in Kaduna

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The Kaduna State Water Services Regulatory Commission (KADWREC) says it is partnering media practitioners towards revamping water services in the state.

Mr Dogara Bashir, the Executive Chairman of KADWREC, disclosed this on Monday at a one-day workshop organised for media practitioners on regulation of ‘Water, Sanitation and Hygiene’ (WASH) activities held in Kaduna.

Bashir said the commission was aware of the importance of the role media practitioners played in the society.

He stated that the workshop was to provide an avenue to liaise with them as important stakeholders on water supply and sanitation services in the state.

Bashir said: “As media practitioners, we believe you are a gateway to the citizens so, the workshop would acquaint you with some of the regulations already in place so that you can in turn transmit it to the public

“The state of water services in Kaduna State is in dire need of attention and the State Water Corporation and KADWREC were established towards addressing the seeming challenges.

“The commission is mandated to ensure better service delivery and regulation of water and sanitation services in the State.

“The idea is that once the regulations are developed, we send them to the State Ministry of Justice to gazette and then we get the state government to endorse and give the go ahead to commence the implementation of the regulations

“We intend to implement them fully come January, 2025 God willing, as we have embarked on advocacy activities having gone to zones 1 and 2 where we talked to traditional rulers, security agencies and the Judiciary.”

He disclosed that a special Court has already been attached to the commission by the Chief Judge of the State for service providers who may likely violate regulations.

The chairman further said that amongst the commission’s objectives include ensuring security, reliability and quality of service in the production and delivery of water to the consumers as well making regulations to control the sinking of boreholes.

Others included; maximising access to water services by promoting and facilitating consumer connections to distribution systems in urban and rural areas.

According to Bashir, they also include ensuring that regulatory decision-making has regards to all the relevant health, safety, environmental and social legislation applying to the water sector.

Bashir further said that the commission collaborate with the relevant state and federal agencies on water policies.

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Crime

2 ladies docked for allegedly obtaining money by fraud

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The police in Lagos have dragged two women, Mmesuma Ofunna, and Blessing Adimekwe, before an Ojo Magistrates’ Court in Lagos, over alleged obtaining money by false pretence.

Ofunna, 22, and Adimekwe, 25, were arraigned before the Magistrate, Mr L K J Layeni, on a four-count charge bordering on conspiracy, obtaining by false pretence, stealing and conduct likely to breach peace.

They each, however, pleaded not guilty to the charge.

The prosecutor, ASP Simon Uche, told the court that the defendants conspired with others now at large, to commit the offence on Oct. 26 at the Okokomaiko area of Ojo.

He alleged that they had obtained the sum of N70, 000 from one Faith Ahamefule, with a promise not to post her nude photo on social media.

The prosecutor alleged that the defendants later posted the nude photo of the nominal complainant on social media, knowing that their promise was false.

He alleged that they stole the N70, 0000, thereby conducting themselves in a manner likely to breach public peace.

The offence contravenes the provisions of sections 168(d), 287, 314, and 411 of the Criminal Law of Lagos State 2015.

The court granted the defendants bails in the sum of N500, 000 each, with two sureties each in like sum.

He adjourned the case until Jan. 8, 2025 for mention.

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Headlines

Driver jailed 6 months for attempting to steal a car

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A Jos Magistrates’ Court on Monday, sentenced a 37-year-old driver, Ahmad Umar to six months in imprisonment for attempting to steal a car.

The Magistrate, Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos in his judgment, ordered the convict to pay an option of N30, 000 fine or spend six months in prison.

Earlier, the Prosecutor, Insp Ibrahim Gokwat, told the court that the case was reported on Oct. 10, at the Area Command Police station through a distress call by one Sydney Peacemorie the complainant.

Gokwat said the complainant parked his Toyota RAV4 in front of Access Bank and went inside to carry out some transactions, only to return to find the convict inside his car.

“The convict unlawfully opened the car and was in the driver’s seat when the complainant raised alarm and he was apprehended, but his accomplice escaped.

“The convict was severely beaten by a mob but was rescued by the police,” said Gokwat.

“The prosecutor said that the offence contravened the Plateau Penal Code Law.

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