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ECOWAS Toughens Stand on Piracy

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Heads of State and Government of the Economic Community of West African States (ECOWAS) have adopted the Supplementary Act for the Transfer of Piracy Suspects and their Associated Property and /or Evidence for prosecution in West Africa.

The adoption was made at the 61st Ordinary Session of the Authority of Heads of State and Government on Sunday in Accra, Ghana.
In a communique by the Authority, the adoption of the said Act was to further strengthen the gains made in securing the region’s maritime domain from acts of piracy.

Over the past decade, the Gulf of Guinea region has been at the epicenter of the global discussions on maritime security as a result of the incidents of piracy recorded in the region.

In 2013, leaders of the members states of ECOWAS, the Economic Community of Central African States (ECCAS) and Gulf of Guinea Commission (GGC), responded to this threat by adopting the Yaoundé Code of Conduct to provide a framework to facilitate cooperation at the regional level to prevent and prosecute piracy and other illegal activities in the Gulf of Guinea waters. In line with this framework, several initiatives have been undertaken at the bilateral and multilateral levels to suppress piracy in the region’s maritime domain.

Notwithstanding these efforts, several factors such as the absence of robust maritime legal frameworks in the Gulf of Guinea states to prosecute acts of piracy has immensely undermined these efforts, and to date, only a few countries like Cabo Verde, Togo, Nigeria, Senegal, and Liberia have criminalized piracy and established universal jurisdiction in line with the United Nations Convention on the Law of the Sea (UNCLOS) 1982, to prosecute acts of piracy.

 

READ ALSO: Nigeria Govt to borrow N11tr, spend N3.36tr on subsidy

 

Experts believed this situation has accounted for the very few successful prosecutions in the region over the past decade, like the Hailufeng II and G Dona 1 piracy prosecutions recorded in Nigeria and Togo respectively.

A statement on Monday by the United Nations Office on Drugs and Crime (UNODC) said in response to this challenge and to further strengthen regional cooperation, ECOWAS in partnership with the United Nations Office on Drugs and Crime (UNODC) developed the Supplementary Act on the Conditions of Transfer of Persons Suspected of Having Committed Acts of Piracy and their Associated Property and/or Evidence among ECOWAS members states, with support from the European Union (EU) through the project, “Support to West Africa Integrated Maritime Security (SWAIMS)”.

According to the statement: “The Act serves to facilitate the transfer of piracy suspects and the associated property and/or evidence to member states with the appropriate legal framework to ensure ‘legal finish’ with the prosecution of piracy, while ensuring compliance with applicable international human rights law, including the treatment of suspected or transferred persons, as well the inclusion of provision on death penalty to safeguard that no transferred person or persons are subjected to death sentence for acts of piracy.”

The statement added that: “As a follow-up to the successful adoption of the Supplementary Act, ECOWAS and UNODC have initiated the process for the development of implementing arrangements, in the form of Standard Operating Procedures (SoPs), to ensure the successful implementation of the Act among member states. The SOPs will essentially cover three (3) aspects, the phase of the transfer process from the point after a positive decision by the sending state/arresting state to transfer persons suspected piracy, to the phase of pre-trial proceedings and lastly the phase of the main trial and appeal proceedings.

“As part of the process for the development of the SOPs, legal finish assessments of the criminal justice chain of some ECOWAS member states that have been identified as potential receiving states under this regional transfer agreement is being conducted.”

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Rep felicitates Wike on emergence as THISDAY/Arise TV Minister of the Year

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Wike visits scene of collapsed building, insists structures without approval will go down

The Chairman House of Representatives Committee on Federal Capital Territory (FCT), Rep. Aliyu Betara (APC-Borno), has congratulated the FCT Minister, Mr Nyesom Wike, on his emergence as THISDAY/Arise TV Minister of the Year.

Betara, in a congratulatory message issued in Abuja, eulogised the leadership virtue and dedication of the minister to infrastructural development in the territory.

The lawmaker, representing Biu/Bayo/Shani/Kwaya Kusar Federal Constituency of Borno, said that the award was well-deserved.

“On behalf of the House of Representatives Committee on FCT, I wish to extend my warmest congratulations to the FCT Minister, Mr Nyesom Wike, on your well-deserved recognition as the Minister of the Year by THISDAY/Arise TV.

“This prestigious honour is a testament to your visionary leadership, tireless dedication and exceptional contributions to the infrastructural transformation in the territory.

“Your unwavering commitment to service and your determination to improve the lives of residents and visitors alike to the FCT has been nothing short of exemplary.

“Through your bold initiatives and strategic policies, you have not only enhanced the aesthetics and functionality of Abuja, but have also reaffirmed the FCT’s position as a beacon of progress and modernity in Nigeria,” he said.

Betara said that the recognition was a reflection of the positive impact of Wike’s work and the admiration he had earned across various sectors.

While describing the recognition as an outstanding achievement, the lawmaker prayed that the milestone would serve as an inspiration for greater accomplishments in service, with integrity and purpose.

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Court adjourns case against ex-Kogi governor, others

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A Federal Capital Territory High Court on Wednesday, adjourned hearing in the alleged money laundering case against  former governor of Kogi, Yahaya Bello until April 3 and April 24.

Justice Maryann Anenih adjourned the case for continuation of hearing after the first witness, Fabian Nworah, a property developer, was called to testify.

The Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses to call for the day.

Justice Anenih said she could only take one witness as she had other matters to attend to.

The court also announced that it would not be sitting on Thursday as previously scheduled.

Counsel for the 1st and 2nd Defendants, Joseph Daudu, SAN, however, informed the court that the prosecution had not made the statements on oath of the 2nd defendant available to the defence team.

He said he was aware that the first defendant had not made any statement.

Daudu also objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were only seeing him in court for the first time.

Citing authorities, he emphasised that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defence could adequately prepare for cross-examination.

“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.

“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.

“I understand the first defendant has not made a statement. Fortunately, we are still within the house keeping stage of the proceeding,” he added.

Corroborating this, counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “mine is not a comment but an observation my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”

When the judge asked if he had requested for the statements, Aliyu SAN said, he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.

He said: “I am also applying that the court order the prosecution to provide us with copies of recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert if any.

“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Commissioner of Police.”

The prosecution witness, however, disagreed, saying the defendants were trying to delay speedy trial.

He insisted that the proof of evidence was served on the defendants on Nov. 27, 2024.

“The constitutional provisions, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.

“The law only provides that the prosecution should oblige the defence with all the documents requested for,” Pinheiro argued.

He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed on the business for the day.

“As it is, we have almost utilised more than an hour on these arguments,” he stated.

The judge asked the defendant’s counsel why he did not raise the issues in December.

Daudu SAN replied that it was because it had to be done after arraignment.

“I have applied and they are not obliging me. It is absolutely necessary for our defence,” counsel for the 3rd defendant said.

The judge, however, declined the application for adjournment and directed the prosecution to proceed with the case.

The prosecution then proceeded to call its first witness, Fabian Nwora, a property developer with EFAB Property Nigeria Limited.

Nwora testified that he was invited to the Economic and Financial Crimes on Feb. 8, 2023, regarding a transaction between Shehu Bello and EFAB Property concerning a property located at No. 1 Ikogosi Street, Maitama.

He stated that he sold the said property to Shehu Bello but observed that the name on the sale agreement was Dr Bello Ohiani, not Shehu Bello.

He said, in 2023, Shehu Bello approached EFAB Property, informing them that the property was under investigation by the EFCC.

He returned all documents related to the purchase and demanded a refund of the N550million that was paid.

Subsequently, he said, EFAB Property was invited by the EFCC to explain what transpired between them and Shehu Bello.

The EFCC instructed the company to refund the entire sum to an EFCC-designated account. EFAB Property complied in two batches of N400 million and N150 million.

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Kebbi to upgrade Zuru hospital to referral centre

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The Kebbi Government says it is assessing the condition of the Zuru General Hospital with the aim of upgrading it to a referral centre.

Gov. Nasir Idris stated this when he visited the Emir of Zuru, Alhaji Muhammadu Sani-Sami on Wednesday in Zuru.

Idris visited the emir to thank the people of Fakai, Sakaba, Danko/Wasagu and Zuru Local Government Areas that make up the emirate.

Idris said that upgrading the Zuru General Hospital to a referral centre would ease the difficulties faced by people of the emirate.

The governor said that quality healthcare services remained an utmost priority of his administration.

He said that the Sir Yahaya Memorial Hospital, Birnin Kebbi and the State Medical Centre, Kalgo, currently serving as referral health institutions were overstretched.

“The government is committed to reversing the trend by making referral hospitals close, accessible and affordable to the people of the state,” he said.

On the expansion of the Zuru Water Works and construction of urban township roads, Idris promised to reappraise the facilities for necessary action.

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