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Court orders EFCC to unfreeze Dokpesi’s account
The Chief Judge of the Federal High Court, Justice John Tsoho on Tuesday in Abuja, issued an order unfreezing the bank account of the Chairman of Daar Communications Plc, Raymond Dokpesi.
Justice Tsoho gave the order while delivering a ruling on Dokpesi’s application argued by Kanu Agabi, SAN.
The judge ordered that the account domiciled at First Bank be immediately ‘unfrozen’ since the criminal charges which precipitated the restriction on the account had been dismissed and Mr Dokpesi discharged and acquitted by the Court of Appeal.
The judge said that the Economic and Financial Crimes Commission, EFCC, had no basis to put a post no debit order on the account in view of the subsisting and valid judgment of the Court of Appeal.
He held that there was no application by the EFCC for stay of execution of the appellate court’s judgment which quashed the criminal charges against Mr Dokpesi.
Justice Tsoho said that in the absence of a stay of execution, the court was bound by law to recognise the judgment of the appellate court.
He ordered that the freeze order and post no debit on the account be immediately removed in compliance with the appellate court’s judgment.
Ruling on the claim by the EFCC that it had appealed the appellate court’s decision at the Supreme Court, the judge held that the notice of appeal filed at the apex court could not in law stay the execution of the subsisting judgment .
He added that the anti-graft agency ought to have obtained a stay of execution of the judgment.
He further ordered that all documents seized from Dokpesi should be immediately returned to him.
Mr Agabi, while making arguments in support of the application, prayed the court to issue an order unfreezing Dokpesi’s bank account frozen on the strength of the alleged N2.1 billion fraud charge against him.
The senior lawyer had submitted that the criminal charges in respect of N2.1 billion had since been dismissed by the Court of Appeal Abuja division but the EFCC wanted to continue to hold his client in bondage.
Mr Agabi had further argued that the charge which led to freezing of the account no longer existed following the decision of the appellate court on the matter.
He had tendered two judgements of the Court of Appeal to establish his claim that the criminal charges against Dokpesi had been quashed.
He held that until the judgments were set aside the EFCC could not continue to freeze his client’s account.
However, EFCC counsel, Oluwaleke Atolagbe had opposed the application on the grounds that the anti- graft agency had already filled a notice of appeal against the appellate court’s judgment at the apex court.
Mr Atolagbe had urged the court not to unfreeze the account yet until the final decision of the Supreme Court in the matter adding that the N2.1 billion logged in the frozen account formed the basis of the charge.
He also opposed to the request for the release of Dokpesi’s document in possession of EFCC on the grounds that no specific document was mentioned in the request.
On April 1, a three-member panel of the Appeal Court in a unanimous judgment freed Dokpesi from the charges after it held that the prosecution failed to establish the ingredients of the charge.
The EFCC had in 2015 dragged Dokpesi to court accusing him and his company of illegally receiving funds considered as proceeds of crimes from a former National Security Adviser (NSA), rtd Col. Sambo Dasuki.
He pleaded not guilty to the charges and went further to file a no-case submission after the prosecution closed its case in November 2018 after calling 14 witnesses.
However, the trial judge, Justice Tsoho, rejected the no-case submission and ordered Dokpesi and his firm to enter their defence.
Not satisfied, the defendants then approached the Court of Appeal, with a request to nullify the decision and free him from the charges on the grounds that the prosecution failed to establish a prima facie case against them.
In the unanimous judgment delivered by Justice Elfreda Williams-Dawodu, the appellate court agreed with the appellants that the case of the respondents lacked merit having “failed woefully to establish a prima facie case against the appellant”.
According to the judgment, for any case to be established against the defendants, it is necessary to first prove the ingredients of offence in the predicate offences in counts 1 to 4 of the seven-count charge which bordered on criminal breach of trust, division of funds, money laundering and corruption.
The court further held that EFCC failed to prove that the N2.1 billion allegedly received by the appellant was a proceed of breach of trust and accordingly set aside the decision of the lower court which held that the appellants had a case to answer.
“No case was made against the appellant in counts 1, 2, 3 and 4 to warrant his being called upon to open his defence.
“There is no possibility that the appellant can be convicted because the evidence are manifestly unreliable.
“I am of the view that irrespective of the ingredients stated earlier, and those by the appellant and first respondent respectively, prior proof or establishment of the predicate offences in count 1,2,3 and 4 of the amended charge is sine qua non to the proof of the offences of money laundering specified in the said counts.
NAN
News
New UN humanitarian chief assumes office
Mr Tom Fletcher, UN’s new chief of humanitarian affairs, on Monday assumed office, pledging to defend humanitarian values while navigating operations amid growing global crises.
Fletcher, a former UK Ambassador and policy adviser to three British Prime Ministers, was appointed UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator by Secretary-General António Guterres in October.
In his new role, he will also head the Office for the Coordination of Humanitarian Affairs (OCHA).
He succeeds Martin Griffiths, also from the UK, who stepped down at the end of June for health reasons. In the interim, Joyce Msuya, the Deputy Emergency Relief Coordinator, served as acting Under-Secretary-General.
As the new top humanitarian official, Fletcher acknowledged that he is “under no illusion as to how tough this mission is.”
“The impact on civilians of conflict, climate change, inequality and injustice is growing at a staggering rate,” he said in a statement.
“I will defend our humanitarian movement and humanitarian values, and battle to make us more efficient, strategic, inclusive and innovative. We must win afresh the argument for international solidarity,” he added.
Before his appointment, Fletcher was Principal of Hertford College, Oxford, and Vice Chair of Oxford University’s Conference of Colleges.
He brings extensive experience in leading and transforming organisations, along with a strong background in diplomacy, having previously served as Global Strategy Director at the Global Business Coalition for Education, according to a UN biographical note.
Fletcher also worked closely with the UN during his UK diplomatic career in Africa, the Middle East, and Europe, including as Head of the Middle East Peace Process at the Foreign and Commonwealth Office
He is the 12th person to take this role since the creation of what is now the UN Office for the Coordination of Humanitarian Affairs
News
Church donates relief materials to Anambra flood victims
The Church of Jesus Christ of the Latter Day Saints has donated relief supplies worth N250 million to support flood victims in Anambra communities.
This is contained in a communiqué by the Church’s Country Director for Welfare Services, Mr Charles Adebayo, in Owerri, on Tuesday.
The relief materials were presented to the state government at the State’s Emergency Management Agency office.
Otuonye listed the donated items to include bags of rice, beans, garri, salt, vegetables, kegs of palm oil, cartons of noodles, milk, chocolate drinks, soaps, detergents, mosquito nets, toiletries, among others.
They were received by Gov. Chukwuma Soludo and the state’s Committee on Emergency Response, led by the Deputy Governor, Dr Gilbert Ibezim.
Adebayo said that caring for the needy was one of the missions of the church and that similar donations were made in Benue with plans for same in Enugu and other places.
He called on other Nigerians to complement government’s efforts by supporting disaster stricken, needy people in their own little ways.
“In the past, we have assisted the state with boreholes, renovation of schools and hospitals, so we’re ever ready to support government’s Public Private Partnerships and to support other private institutions,’’ he said.
The Church’s Head of Area 70, Mr Justice Otuonye, said that the Area 70, a group of church leaders, oversaw the donations.
He said the donated items were only a part of several other donations by the Church, in keeping with Bible account of Luke Chapter 10 where Jesus Christ sent out the 70 disciples to preach the gospel and care for those in need.
Responding, Soludo called for support from stakeholders to mitigate its effects on victims.
He said that intentional steps must be taken to address the challenge head on and thanked the Church for its humanitarian efforts while assuring them that the items would be distributed judiciously.
“We will now focus on building the big net for emergency response, both government and all stakeholders, to build enduring partnerships and be able to respond to such emergencies.
“I can assure you that every item brought here will be judiciously distributed to those in most need to satisfy their needs and fulfil the intent of the donor “, he said.
News
Prioritise critical sectors for Ondo development, group tells Aiyedatiwa
The Ilaje Development Summit Group (IDSG) has advised Gov. Lucky Aiyedatiwa of Ondo State to prioritise critical sectors for rapid and sustainable development of the state.
The President of IDGS, Rev. Adesola Adebawo, gave the advice in a congratulatory message to the governor following his victory in Saturday’s governorship election on Tuesday in Akure.
“As we look forward, we are confident that Mr Governor’s administration will prioritise critical sectors such as infrastructure development, job creation and sustainable economic growth.
“By harnessing the untapped human and natural resources across Ondo, we believe we can make significant strides toward achieving economic prosperity not only for our state but for Nigeria as a whole.
“This victory is more than a political triumph; it represents a renewed promise of progress, prosperity, and inclusiveness for all citizens,” Adebawo said.
The IDGS president appreciated people of the state for their unwavering support to the governor, stating that re-electing him was a resounding affirmation of the values of justice, equity and unity that the people of the state held together.
“This momentous achievement was made possible by the collective efforts and resilience of the people across all the 18 local government areas, who came out in significant numbers to cast their votes for progress, inclusivity and positive change.
“Your faith in a brighter future has been the cornerstone of this victory and we are sincerely grateful for the confidence you have placed in Gov. Aiyedatiwa to lead our beloved state into a new era of growth and sustainable development,” he said.
He also extended appreciation to traditional rulers in the state for their invaluable support throughout the electioneering journey.
According to him, the strategic leadership, dedication and commitment to the principles of fairness and equity of the All Progressives Congress (APC) have significantly contributed to the victory.
Adebawo also acknowledged President Bola Tinubu for his visionary leadership and commitment to justice, which he said paved way for the party’s success in the election.
“This victory is a fulfillment of the aspirations of the Ilaje people and a testament to what could be achieved when leaders prioritise the collective good.
“We also recognise the contributions of the elders of Ondo State whose wisdom, counsel and advocacy have guided us throughout this journey,” he said.
He solicited the support of all indigenes of the state to rally behind the governor and unite in a collective quest for a prosperous and inclusive future.
“This is our chance to build a state where every citizen has the opportunity to thrive and where our shared dreams can be realised through hard work, dedication and unity.
“Today, we stand together knowing that with a common vision and purpose, there are no limits to what we can accomplish.
“Let this victory serve as a symbol of hope and a powerful testament to the strength of our unity,” Adebawo said.
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