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Court discharges Binance executives in FIRS tax evasion charge

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Court discharges man accused of burning father’s house in Abuja

A Federal High Court in Abuja on Friday, discharged the executive of Binance Holdings Limited, Tigran Gambaryan, and his fleeing colleague, Nadeem Anjarwalla, from the alleged tax evasion charge preferred against the company by the Federal Inland Revenue Service (FIRS).

Justice Emeka Nwite, in a ruling, discharged and struck out Gambaryan and Anjarwalla’s names from the four-count charge after FIRS’ counsel, Moses Ideho, filed a fresh amended charge wherein Binance is listed as the sole defendant.

The News Agency of Nigeria (NAN) reports that while Binance is the 1st defendant in the May 17 amended charge filed by FIRS, Gambaryan was listed as the 2nd defendant while Anjarwalla’s name appeared as being at large.

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When the matter was called on Friday, Gambaryan stepped into the dock.

Tonye Krukrubo, SAN, who appeared for Binance (1st defendant), then informed the court that the cryptocurrency firm had just appointed a representative in Nigeria.

The new appointee, who was also in court, stood up and announced his name as Ayodele Omotilewa.

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Ideho confirmed that his office received a notice of appointment of a representative by Binance.

He said the notice was dated June 13, 2024, appointing Ayodele Omotilewa as its agent in the country.

The FIRS lawyer told the court that against the development, an amended four-count charge listing Binance Holdings Limited as sole defendant was filed on June 13.

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He therefore applied that Omotilewa should be docked to take a plea on behalf of the company.

But Krukrubo disagreed with Ideho’s application.

The senior lawyer, who argued that the company’s representative was yet to be served with the fresh amended charge, said Omotilewa was only appearing in court for the first time.

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“I think my learner friend should confirm whether he has served him or not first. We are not there yet,” he said.

He insisted that the prosecution had not served them with the amended charge.

Krukrubo said Omotilewa ought not to enter the dock.

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According to him, he was only appointed for specific purposes; to receive processes.

“He is one of us; a legal practitioner,” he said.

He said the proper thing for the prosecution to do was to address the court on the charge he intended to substitute.

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C.J. Caleb, who appeared for Gambaryan (2nd defendant), aligned himself with Krukrubo’s submission.

According to him, our jurisprudence for the criminal trial of a corporation as it stands today does not contemplate that a corporation or its representative should be in the dock.

“More importantly, the ACJA (Administration of Criminal Justice) Act, particularly Part 47, did not leave us in doubt on how a trial should proceed in respect of a corporation,” he said

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Caleb said the Act also specified all that is required for a representative in a criminal trial, citing Sections 478, 481, 482 and 483.

“So I align with my learner colleague that the representative is enough to be in court but does have to be in the dock,” he said.

But Ideho disagreed, citing Section 481 of ACJA to back his argument.

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“If my lord is to look carefully at the provisions of this section and subsection, a representative cannot just sit in the gallery and watch like a spectator how the trial is conducted.

“He should be in the dock because this is a criminal charge, not civil matter,” he said.

Reacting, Krukrubo argued that there was nowhere in the section cited by Ideho where it was said that a company’s representative must be in the dock.

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“Section 481 is written in black and white and it does not say that a representative of a corporation must be in dock.

“What he is saying is not contemplated by ACJA,” he said.

Also speaking, Caleb argued that Section 418 of ACJA only talked about the power of a representative.

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Justice Nwite then directed Ideho to move the latest application filed.

Moving his fresh amended charge, Ideho said the application was filed on June 13.

“We would like to amend and substitute the charge with the earlier one of May 17, 2024, which was our last amended charge, my lord,” he said.

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The defendants’ lawyers did not oppose the application.

However, Caleb applied that the court should strike out the two earlier charges that listed his client, Gambaryan, as the 2nd defendant, dated March 22 and the amended charge dated May 17.

He said this was so because the name of his client was mentioned in the two charges.

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The lawyer equally applied that Gambaryan should be discharged from the dock and from the proceedings in its entirety.

He further applied that the earlier order directing that the service of the charge on Binance be done through Gambaryan be vacated, having been in the court record that the company had appointed a representative.

Justice Nwite, in a ruling, granted the prosecution application for the substitution of the June 13 amended charge for the May 17 one.

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The judge, who set aside the earlier order, directing Gambaryan to be served on behalf of the company., discharged him from the dock.

On the controversy of whether the Binance representative should be docked or not, the judge ordered the parties to file written addresses to state their arguments.

Justice Nwite adjourned the matter until July 12 for plea.

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The News Agency of Nigeria (NAN) reports that in the latest amended charge marked: FHC/ABJ/CR/115/2024, while the Federal Republic of Nigeria is the complainant, Binance Holdings Limited is the sole defendant.

The charge is dated June 13 and filed June 14.

Count one alleged that while involved in carrying and offering services to subscribers on their platform, known as Binance, failed to register with the FIRS, for the purpose of paying all relevant taxes administered by the service.

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The offence is punishable under Section 8 of the Value Added Tax (VAT) Act of 1993 (as Amended).

(NAN)

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Headlines

NNPC Foundation Trains Over 3,000 Southwest Farmers in Climate-Smart Agriculture

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In a bid to promote food security and sustainable agricultural practices, the NNPC Foundation has successfully trained more than 3,000 farmers in the South-West geopolitical zone on climate-smart and modern farming techniques.

The training, which concluded on Friday in Ikorodu, Lagos, marked the end of the Southwest phase of the foundation’s pilot programme aimed at empowering local farmers and boosting agro-productivity.

Speaking at the closing ceremony, Managing Director of the NNPC Foundation, Mrs. Emmanuella Arukwe, described the initiative as a milestone in the lives of thousands of farmers.

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“Today marks the formal conclusion of the first phase of a national journey that speaks to resilience, food security, and economic empowerment,” Arukwe said.
“What began as a bold decision to support small holder farmers has translated into tangible action across three geopolitical zones (South-East, South-South, and South-West) in Southern Nigeria.”

She disclosed that a total of 3,860 vulnerable farmers across 10 locations in the three regions were trained in sustainable farming practices that improve productivity and market access.

“This achievement is not just a number, but a milestone in the lives of real people and real communities. We were able to strengthen farmers’ capacity to adapt to climate change,” she added.
“Through the training, we were able to improve access to markets, promote inclusive agriculture and especially gender representation. We also trained them on enhancing food production through sustainable techniques.”

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Arukwe noted that the programme would now move to the North-West, North-Central, and North-East zones as part of its next phase, saying the foundation is committed to supporting livelihoods nationwide.

“This is only Phase One. We will now turn our focus to the North-West, North-Central, and North-East zones. What we have achieved in the South will inform and strengthen our next steps,” she said.
“The NNPC Foundation will continue this mission, to support livelihoods, build resilience, and empower the hands that feed our families and beyond.
We have decided that most times you get a lot of requests from people asking us to give them palliatives and all kinds of things to help them.
But we think it is much better to teach people to fish than just give them fish so they can continue,” Arukwe explained.

Chairman of Ikorodu Local Government, Mr. Wasiu Adesina, while commending the initiative, urged the beneficiaries to apply the knowledge gained to boost productivity and profitability.

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“As we all know, agriculture is the bedrock of any nation. Without agriculture, there will not be a nation, because there will be no food to eat,” Adesina stated.
“It is the farmers that produce our food, and it is important that we train our farmers with new techniques in agriculture, and that is exactly what the NNPC Foundation is doing.

“To the farmers, you have to take advantage of this training and face the farming squarely. In some great countries like the United States and the United Kingdom, farmers are the most richest people in those countries.

“This is because they make a lot of money from farming. We need to inculcate that habit in Nigeria and develop ideas in farming. Even after my tenure, I am going back to farming, so, maybe I will ask the NNPC Foundation to train me so that I also join you to be a farmer.”

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He appealed to the foundation to provide further empowerment for the trained farmers to help them kickstart their agricultural ventures.

“If the farmers have land for farming, I believe the foundation will provide financial aid to keep their farms running,” Adesina added.

Also speaking at the event, the Lagos State Commissioner for Agriculture and Food Systems, Ms. Abisola Olusanya, represented by the Director of Fisheries, Mrs. Osunkoya Daisi, lauded the Foundation’s efforts in bolstering the state’s food security.

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“On behalf of the Lagos State Government, we would like to express our sincere appreciation to NNPC Foundation for training our farmers and for training all the farmers all over the country,” she said.
“Definitely, the training will help improve food production. We can see the impact of climate change effects in agriculture. I am sure farmers have been equipped with climate-smart agriculture techniques to improve production.”

The NNPC Foundation Ltd/Gte is the Corporate Social Responsibility (CSR) arm of the Nigerian National Petroleum Company (NNPC) Limited. It was incorporated in February 2023 to manage the company’s CSR initiatives and enhance Nigeria’s socio-economic development.

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Education

NUC grants ESUT full accreditation for Law, 7 other programmes

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The National Universities Commission, (NUC), has given full accreditation to the Enugu State University of Science and Technology (ESUT), for her Law programme.

According to the Public Relations Officer of ESUT, Mr Ikechukwu Ani, this is contained in a letter addressed to the institution’s Vice Chancellor, Prof. Aloysius Okolie, on Wednesday in Enugu by the NUC.

Ani said that in the letter, the Executive Secretary of NUC, Prof. Abdullahi Ribadu said the report was contained in the result of the October/November 2024 accreditation of academic programmes in Nigerian universities.

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Ani disclosed that other programmes in the institution accredited by the NUC include Master of Science in Business Management; Education Computer Science; Education Physics and Agricultural Engineering.

Other accredited programmes he said were Quantity Surveying; Urban and Regional Planning; and Applied Microbiology.

He said that the letter quoted Section 10 (1) of the Education National Minimum Standard and Establishment of Institutions, Act CAP E3, Laws of the Federation of Nigeria 2004 as empowering the NUC to lay down minimum academic standards for all academic programmes taught in Nigerian universities.

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He said the session also empowers the NUC to accredit such programmes.

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Crime

Court remands 2 over alleged attempted murder

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Court discharges man accused of burning father’s house in Abuja

An Ikeja Magistrates’ Court, Lagos, on Wednesday, remanded two persons, Olaitan Fasasi and Kehinde Tobiloba in a correctional facility over alleged attempted murder.

Fasasi, 40, and Tobiloba, 26, whose addresses were not provided, are being charged with conspiracy, attempted murder and membership of a secret society.

The Magistrate, Mr L.A Owolabi, did not take the plea of the defendants for want of jurisdiction.

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Owolabi directed the police to forward the case file to the Director of Public Prosecution for legal advice.

He thereafter adjourned the case until May 31 for mention.

The Prosecutor, Josephine Ikhayere, told the court that the defendants committed the offences at about 5.02p.m on Feb. 15, at Mushin, Lagos.

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She said that Fasasi, Tobiloba and others now at large, attempted to commit murder by shooting at a resident, Alfred Ademola.

“They armed themselves with a locally made gun. They belong to Eiye Confraternity, a group proscribed by law,”, she said.

Ikhayere said that the offences contravened Sections 230(1) and 411 of the Criminal Law of Lagos State, 2012.

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He said that the actions of the defendants also contravened Section 2(3)(a)(b)(c)(d) of the unlawful societies and Cultism Law of Lagos State Law.

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