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Ekiti State governor, Ayo Fayose’s accounts in Zenith Bank remain frozen till November, as the Economic and Financial Crimes Commission (EFCC) urged a Federal High Court sitting in Ado Ekiti to reject his request for N5 billion damages over the action of the anti-graft agency.
The EFCC through its counsel, Rotimi Oyedepo, at the resumed hearing of the suit on Friday urged the court to strike out Fayose’s further affidavit in response to its (EFCC’s) affidavit filed without leave of the court.
The agency contended that “it is visible to the blind an audible to the deaf that the applicant (Fayose) is extremely out of time and there is no extension of time to file a further affidavit.
Fayose had through his counsel, Mike Ozekhome,(SAN) urged the court to award him N5 billion damages against the EFCC for freezing his two personal bank domiciled at Zenith Bank.
Ozekhome, argued that the interim order obtained by the EFCC on June 24 and granted by Justice M.B. Idris upon which the action was based was “fundamentally irredeemably wrong.”
Fayose had sued the EFCC and Zenith Bank on the freezing of his personal bank accounts numbers: 1003126654 and 9013074033 on May 24, 2016, seeking an order to de-freeze the accounts.
The EFCC alleged that the accounts were used to launder funds from the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) for the purpose of financing Fayose’s campaign in the 2014 governorship poll in Ekiti.
Ozekhome described the EFCC action of freezing or blocking Fayose’s accounts as illegal, irregular, wrongful, unlawful, unconstitutional, null and void.
Fayose’s counsel told the court that he had filed an originating summons dated 23rd June and filed the following day having 16-paragraph affidavit attached with Exhibit A, which is a letter from Zenith Bank freezing Fayose’s account.
Ozekhome also told the court he also filed a further and better affidavit on September 21 which he adopted.
Citing many authorities, Ozekhome argued that Fayose enjoys immunity conferred on him by Section 308 of the 1999 Constitution and that Zenith Bank was not the party prescribed to be sued by Section 34(1) of EFCC Act.
Responding, Oyedepo opposed Ozekhome’s submissions on grounds that Order 22 Rule 5 of the Federal High Court was violated by the defence counsel.
Oyedepo said coming up with such an application amounted to an ambush as the prosecution was not availed the opportunity of reacting to new issues being raised.
The EFCC lawyer insisted before the court that the decision of the anti- graft agency to freeze Fayose’s accounts followed due process.
He pleaded with the court to give him enough time to study the counter argument of Fayose’s lead counsel which was presented to the court for more than three hours.
The Federal Government has started searching for more facts that can further prove the involvement of the Senate President, Bukola Saraki, and his deputy, Ike Ekweremadu, in the alleged forgery of Senate Standing Rules, 2015.
Inner room learnt on Friday that the Police Special Investigation Panel had written the Clerk of the National Assembly, Mohammed Sani-Omolori, to demand for the records of the proceedings where the Senate rules were amended.
Following the realisation that the evidence against the men was not enough to secure their conviction in court, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, had directed the Inspector-General of Police, Ibrahim Idris, to dig further and get more evidence against the two senators.
Apart from Saraki and Ekweremadu, others facing trial over their alleged involvement in the forgery of the senate rules, include the former Clerk of the National Assembly, Alhaji Salisu Maikasuwa, and his deputy, Mr. Benedict Efeturi.
The trial judge on June 27, 2016, admitted the defendants to bail and adjourned the matter for trial.
The accused persons pleaded not guilty to the charges preferred against them.
Inner room learnt on Friday that the IGP had directed the SIP handling the investigation to get more evidence that could sustain the conviction of the accused persons for forgery.
It was learnt that the panel, led by Ali Amodu, a retired Assistant Inspector-General of Police, wrote a letter to the National Assembly Clerk in August, 2016 and demanded the record of proceedings of the last Senate.
The police also requested the clerk to clarify if the 7th Senate at any time amended the Senate Standing Orders 2011 and the extent of the amendment, if any.
Sources stated that the panel also requested for copies of the Senate Standing Orders, 2015, as well as the Hansard (official record of debates) of June 9 and 24, 2015 to know what transpired on the floor of the Senate.
It was learnt that the panel, had in its letter, asked that the information should be dispatched before September 7.
A source, who was familiar with the investigation, said that the clerk had yet to respond to the request, prompting the SIP to send a reminder about two weeks ago.
The source said, “The SIP was expecting the clerk to send the copies of the senate standing rules, 2011 and 2015 to know if there was an amendment and the extent of such amendment. The police also demanded the record of the last proceeding of the 7th senate, but up till now, the clerk has not responded.
“The SIP has again sent a reminder to the clerk to fast-track its request. All these records are needed by the police to carry out a thorough probe into the case and ensure that the probe is rested once and for all.”
Efforts made to get the Clerk to the National Assembly proved abortive as calls to his telephone did not go through. He also did not reply a text message sent to him as of the time of filing this report on Friday evening.
In June, when the case was first filed in court before Saraki and other co-accused persons were arraigned, the Federal Government had deposed to an affidavit, attesting that investigations into the matter had been concluded.
In the charge sheet dated June 10, 2016 and signed by D.E Kaswe Esq., Principal State Counsel on behalf of the AGF, which was supported by an Affidavit of Completion of Investigation deposed to at the Federal High Court Registry, Abuja, on the same date by Okara Neji Jonah, a litigation officer in the Federal Ministry of Justice, Abuja, attested that the police had concluded its investigations.
Inner room learnt that the police failed to carry out a thorough investigation into the forgery case because the leadership of the Force was in a hurry to conclude the probe to please the Presidency.
The inconclusive investigation was carried out by detectives from the Force Criminal Investigation and Intelligence Department.
Renewed investigation abuse of judicial process—Saraki
Saraki, in his reaction, described the renewal of the investigation as an abuse of judicial process when the prosecutor had already dragged the suspects to court.
The Special Adviser to the Senate President on Media and Publicity, Yusuph Olaniyonu, told one of our correspondents on Friday that only Saraki’s lawyers would continue to speak for him on the matter.
He said, “I would have preferred that our lawyers speak on the matter; they would have been able to spell out the legal implication of going to court, swearing to an affidavit that the investigation had been concluded, which is the fulcrum of taking the matter to court. To now say there will be a fresh investigation is like leaving the case in court, while looking for an evidence to justify your position. That will be a clear abuse of court process, just like our lawyers submitted on Wednesday. It is a clear case of abuse of court process.”
Ekweremadu, who spoke through his Special Adviser on Media, Mr. Uche Anichukwu, said his lawyers would speak on the matter.
He referred our correspondent to a statement by the Civil Liberties Organisation, which, according to him, strongly criticised how court processes were being abused in the forgery case.
The Special Adviser to the Attorney-General of the Federation on Media and Publicity, Mr. Salisu Isah, could not be reached through his telephone on Friday as repeated calls made to the telephone line indicated that it was not available.
It’s all drama—Afenifere
But the National Publicity Secretary of the Yoruba socio-political group, Yinka Odumakin, described the suit as a drama.
He stated, “I think it is all drama and we have better things to face. We have had enough of these shows. Our anti-corruption war has yet to secure one conviction in 16 months now and I don’t think Saraki would be the first causality.
“What we want to see is concrete actions to halt the dangerous slide that we are in as a country.”
On his part, the Executive Director of a faction of the Civil Liberties Organisation, Ohabuenyi Ezike, described the issue as a rude shock.
According to him, the reopening of investigation by the AGF and IGP appears to corroborate “the position of the Senate that the names of the accused persons were politically generated as names of the Senate President, Dr. Olusola Saraki, and Senator Ike Ekweremadu could not in any way be related to the Proof of Evidence.”
The President of the Nigeria Voters’ Assembly, Mashood Erubami, said that the matter should be thoroughly investigated.
Erubami stated that sweeping the matter under the carpet would not conform with the spirit of the moment. This is the time that the President should send a strong signal to the world that he and his government believe in the fight against anything unethical.
“It is a pity that the police have been reluctant to let Nigerians know what their findings are on the alleged forgery case and nobody is sure of whose doorsteps the guilt over the matter is to be laid.
“It is not enough to make an allegation against a person; what is important is being able to prove the case against the person to secure conviction.”
A chieftain of the People’s Democratic Party (PDP) in Edo State, Senator Roland Owie, is not on the same page with other leaders of the party on the victory of the All Progressives Congress (APC) candidate in last Wednesday’s governorship election, Mr.Godwin Obaseki.
While the generality of PDP leaders have been alleging manipulation of the election result in favour of the APC, Owie, Senate Chief Whip in the Second Republic and a PDP elder in the state said Obaseki deserved his victory.
He said the PDP could not have won with the way former Works minister, Chief Antony Anenih was playing god and imposing candidates at will.
Anenih, he said, was wrong “to impose the deputy governor slot on Esan people after what he did with the governorship slot.” Anenih is from Uromi in Esanland.
Continuing, Owie said: “Any leader who takes political decisions on selfish interests gets destroyed at the end. Such leader is like a spider. Whatever a spider eats turns to poison.
“Why on earth will Chief Anenih impose a Deputy Gov on Esan people after what he did with the governorship slot?
“He has been playing god and now God has told him that all powers belong to God.”
He was even more damning in his assessment of the votes garnered by the PDPP in the election.
His words: “the higher percentage of the votes our PDP got in this election were votes against hunger and hardship brought by the APC federal government and not for the PDP.”
“I hope Chief Anenih will enter his house now and allow people of goodwill to re-organize the PDP. I congratulate Godwin Obaseki and not the APC because there is hunger and hardship in the land.”
Chief Anenih who is fondly called Mr. Fix-it by his admirers on account of his political dexterity is the PDP leader in the state.
Soon after the Independent National Electoral Commission (INEC declared Mr. Obaseki winner on Thursday, Governor Adams Oshiomhole named Anenih as one of the political godfathers humbled by the APC victory.
He said: “In Esanland, the senatorial zone of the PDP godfather, we won two out of the five local governments.
“We gave him a fight that he managed to escape. He used the factor of his age to play on the emotion of the people.
“Edo people are now proud they can now determine who rules them and no one godfather can choose a leader for them.”
Although the 2019 general election is less than three years away, ambition to contest the next poll has turned some members of the Ekiti State House of Assembly against one another in a bid to reposition themselves for higher offices.
Chairman, House Committee on Information, Gboyega Aribisogan, has accused a colleague of blackmail with the intent to turn him against Governor Ayo Fayose ahead of the 2019 polls.
Addressing a news conference in Ado Ekiti, the state capital on Friday, Aribisogan who represents Ikole Constituency 1 denies holding secret meeting with Senator Buruji Kashamu and other politicians perceived to be enemies of Fayose in a bid to bring down his administration.
He claimed that the particular lawmaker is stoking the fire of crisis of confidence between him and Fayose to gain advantage to win the House of Representatives seat for Oye/Ikole Federal Constituency.
Aribisogan said he had no reason to gang up against Fayose having been part of those who worked hard to ensure his victory at the 2014 governorship poll accusing those peddling the rumour of alleged disloyalty are working to divide the Assembly.
The Deputy Speaker, Olusegun Adewumi narrowly escaped impeachment while Aribisogan also escaped suspension from the Assembly earlier in the week by their colleagues for allegedly hobnobbing with Kashamu and some personalities perceived as enemies of Fayose within and outside the Peoples Democratic Party (PDP).
Others that were alleged to be holding meetings with include former PDP Secretary in Ekiti, Dr. Tope Aluko; presidential aide, Babafemi Ojudu and Lagos lawyer, Femi Falana.
Aribisogan said: “Let me put on record here that except the time I accompanied Governor Fayose to Buruji in 2014 and recently when I met him in company of the governor, I never had any personal dealing with him.
“For Falana and Ojudu, I have been a major critic of their roles in Ekiti project and they can never in their wildest imaginations invite me to any clandestine meeting and they are all alive to corroborate or deny the claims.
“I am a steadfast and major critical stakeholder in Fayose’s emergence as Governor of Ekiti right from the primaries to the governmental level.
“I have repeatedly spoken about my absolute belief and commitment in the government of Fayose and its policies, even at most difficult times and I can’t be a sellout at this time when the battle is presumed to have been won.
“On the other side, a particular lawmaker in the house was plotting to undermine Ikole constituency in the 2019 elections and he was behind the gossip, blackmail and intrigues in the House to cause a serious rift between me and Mr Governor.
“I hereby want to reiterate and reaffirm my commitment and loyalty to His Excellency, Governor Fayose and the government of Ekiti State.”
Osun State Governor Rauf Aregbesola last night congratulated the All Progressives Congress (APC) on the outcome of the Edo State governorship election.
In a goodwill message to the winner, Mr. Godwin Obaseki and the APC, Aregbesola said the final result of the election was not surprising given Nigerians’ conviction that the APC had offered quality and selfless leadership where it is in control.
“Victory was not unexpected for the only party that has proved beyond doubt that selfless service to the people is weapon to kill and bury political parties that promote selfishness, greed, self aggrandizement and elevates kleptocracy as a state policy.
“As bad as the PDP brought Nigeria, it is evident the rescue mission is on course no matter what the naysayers say.”
President Muhammadu Buhari on Thursday said his administration is currently working to improve patronage of locally made goods as well as enhance access to finance for Small and Medium-Scale Enterprises (SMEs) across the country.
He said efforts were also being made to bridge the gap between skills required by industry and those provided by the educational institutions.
He added that his administration would work with the Manufacturers Association of Nigeria (MAN) and the other Organised Private Sector (OPS) groups who are key stakeholders in achieving these objectives.
Speaking in Abuja at the opening of the 44th Annual General Meeting of Manufacturers Association of Nigeria (MAN), Buhari said agriculture and the manufacturing sectors remained key to his administration’s quest for economic diversification.
He said: “A strong manufacturing sector will create more jobs and wealth for our people. It will usher in sustainable economic prosperity because we will produce what we consume as a nation and generate foreign exchange by exporting any surplus.”
The president praised MAN for choosing, “Diversifying the Nigerian Economy: the Role of Government in Manufacturing” as theme of this year’s conference noting that it couldn’t have come at a better time when the country is confronted with the urgent need to diversify the economy in the light of dwindling price of crude oil in the global market.
He said: “As you know, the dramatic fall in crude oil and other commodity prices has had a serious negative impact on world economies, especially countries like Nigeria which depended on one commodity for its export earnings.”
Nevertheless, he said: “The manufacturing sector is well positioned to be a major driver of Nigeria’s economic growth because of our immense natural resources and the entrepreneurial spirit of Nigerians. Government is therefore focused on implementing necessary policies and strategies aimed at unleashing the full potentials of manufacturing in Nigeria.
“We will rely heavily on your ideas and inputs at all stages of formulation and implementation of new industrial policies. For our part, we will remove bottlenecks and create a more business friendly environment.”
The president said government’s strategic plan to boost manufacturing activities in the country is supported by the Nigeria Industrial Revolution Plan (NIRP) and the National Enterprises Development Programme (NEDEP)-all of which provide a clear road map towards an industrialised Nigerian economy.
He, further urged MAN to collaborate with government in the implementation of his administration’s economic agenda by “availing us your wealth of experience so that together we can uplift our nation’s economy and social well-being.”
Meanwhile, in his remarks, MAN President, Mr. Frank Udemba commended Buhari’s “bold” policy initiatives since assuming office.
Specifically, he praised the recent policy announced by the Central Bank of Nigeria (CBN), allocating 60 per cent of all available foreign exchange to the manufacturing sector for the importation of raw materials and machinery; partial deregulatiion of the downstream sector of the petroleum industry which has eased the difficulty experienced in sourcing petrol and other industrial fuels; and adoption of flexible foreign exchange policy which has reduced, albeit minimally, the challenge of sourcing foreign exchange for importation of raw materials.
He further commended the currency swap with China which is aimed at enhancing the economic growth of the country although the details have not been made public; the efforts to end the activities of insurgents, especially in the North-eastern part of the country as well as in other states which have started yielding positive results as well as efforts to boost infrastructure.
He said: “The position of the Government not to adopt the EU-ECOWAS Economic Partnership Agreement on the ground that ‘given due consideration to the mismatch of the two regions (Europe-ECOWAS) in terms of technology and manufacturing experience’, accepting EPA in its present form will spell doom on Nigeria’s industrialisation programme.
More so, that studies carried out by both ECOWAS and European Union revealed negative impact of EPA on Nigeria’s economy especially the industrialisation programme.
“If your excellency had not taken this position, the manufacturing sector and the economy generally, would have been in shambles now that the country is in recession.”
Continuing, he said: “May I, on behalf of the national council and members of MAN, seize this opportunity to express my profound gratitude and appreciation to the Vice President, Prof. Yemi Osinbajo (SAN) for instituting a quarterly meeting with the association where issues affecting the growth of the sector are discussed and the way forward proffered as well as for his willingness to listen to us always. We appreciate the cordial relationship between the association and development partners such as UNIDO, DFID, ENABLE, AFD, GIZ and others that I may have missed out. Your assistance has been tremendous.
“We appreciate the existing interface between MAN and various organs of government such as the National Assembly, Ministries of Industry, Trade and Investment, Finance, Budget and National Planning, the Nigeria Customs Service, CBN, National Agency for Food, Drug Administration and Control (NAFDAC), Raw Materials Research and Development Council (RMRDC), Standards Organisation of Nigeria (SON), Consumer Protection Council (CPC), Nigerian Shippers Council (NSC) as well as the National Environmental Standards and Regulations Enforcement Agency (NESREA). I also appreciate representatives of research institutes as well as tertiary institutions whom we have been collaborating with over the years for their partnership.”
It was a mixture of celebrations and protests in Benin City, the capital of Edo State, yesterday when the Independent National Electoral Commission (INEC) declared Mr. Godwin Nogheghase Obaseki of the All Progressives Congress (APC) the winner of Wednesday’s governorship election in the state and governor-elect.
According to INEC, Obaseki polled a total of 319,483 votes to beat his closest rival and candidate of the Peoples Democratic Party (PDP), Mr. Osagie Ize-Iyamu, who garnered 253,173 votes.
Obaseki won 13 out of the 18 local government areas in Edo State, thus satisfying the constitutional requirement of securing 25 per cent of the votes cast in two-thirds of the local governments in the state.
Confirming the outcome of the election, Prof. Kayode Soremekun, INEC’s Chief Returning Officer for the election, said Obaseki had satisfied the requirements by scoring the highest number of votes.
At the INEC state headquarters in Benin City, supporters of the APC celebrated the announcement and drove around some streets in the capital city waving the APC flag and chanting songs.
However, the agent of the PDP refused to sign the result, claiming that he had received instruction from his party not to sign the result.
Agents of other political parties, who also protested the outcome of the election and called for its cancellation, however, appended their signatures on the result sheet.
Obaseki Vows to Keep Campaign Promises
In his acceptance speech, the governor-elect assured residents of Edo State that all the campaign promises he made on the stump would be fulfilled irrespective of party affiliations.
He said: “My good people of Edo State, the Independent National Electoral Commission (INEC) has announced the results of the 2016 Edo State gubernatorial poll, and I have been declared as the winner of the election.
“It is with great humility and abiding faith in God Almighty that I accept this pronouncement of my victory as the next governor of Edo State. This is a historic victory for all Edo citizens and our party, the All Progressives Congress (APC). It underscores clearly your preference for the continuity and consolidation of our programmes.
“More importantly, by your votes you clearly affirmed your faith in my ability to take our state forward into a new era. This is a responsibility Philip Shaibu, my running mate, and myself do not take lightly.
“Our promise is to build a state anchored on a productive economy that will transform and empower our citizens is sincere.
“We promised jobs. We promised empowerment of our citizens. We promised improved social welfare services, and a more secure state. We will strive to deliver on all of these promises.
“As we travelled all over our great state selling our programmes, we also took note of your concerns and problems, and I want to assure you that we will do everything in our power to address them.”
He also saluted the courage of all those who came out to exercise their franchise in spite of the seeming intimidation of those he described as “merchants of violence” to derail the conduct of a free, fair and peaceful election.
He also thanked President Muhammadu Buhari for his profound commitment to a new order in Nigeria; the Edo State Governor, Mr. Adams Oshiomhole, for his vision and single-minded focus on the progress and development of the state; members of his campaign team, led by the Director-General, Osarodion Ogie; his wife, Betsy; and his entire family, friends, volunteers and all supporters who worked tirelessly to help him to achieve victory at the poll.
In his reaction, Oshiomhole could not resist the temptation to gloat, proclaiming that the victory of his would-be successor had humbled Chief Tom Ikimi, the Esama of Benin and father of his predecessor, Chief Gabriel Igbinedion; and Chief Raymond Dokpesi of the PDP, adding that Chief Tony Anenih narrowly escaped defeat.
He said the APC was committed to dismantling the rigging machinery of those he termed political godfathers in the state.
Oshiomhole, who noted that Edo was the only state where an election had been held recently and not a single life was lost, said the victory had concluded the chapter in the struggle to end godfatherism in the state.
Speaking to newsmen after the announcement of the results, Oshiomhole, who was flanked by leaders of the APC, said the election was the final death knell for political godfathers who have held the people hostage since 1999.
“Over the last eight years, we have tried to orientate our people not just the voters but politicians that the season of election rigging where one or two godfathers write the results is over and we were committed to dismantling the rigging machine.
“In 2012 with all the godfathers on one side and new forces of change on my side, I won in all the 18 local government areas. Our people have spoken loud and clear that they believe in democracy, they just don’t want to be beneficiaries, they want to be the drivers of the process.
“This was showed by the way they conducted themselves on Election Day. It is outstanding and remarkable that tense as the election was with all the predictions, the APC won decisively in 13 out of the 18 local government areas. Those who were loudest in making noise have been revealed where they stand in relation to Edo people.
“We have humbled Chief Tom Ikimi even in the local government he claimed to have created. We defeated Chief Raymond Dokpesi in his polling unit, his ward and his local government. That reassures that the ruthless deployment of media machinery is not enough to distort the will of Edo people to determine their choice.
“In Okada, the political family that has boasted that they will continue to govern this state and even compelled the state to adopt them as the Queen of England whose birthday must be celebrated. In Okada, the APC was the preferred party by the people than that family in Okada.
“There is something unique in the way things have turned out. In Esan land, the senatorial zone of the PDP godfather, we won two out of the five local government areas. We gave him a fight that he managed to escape. He used the factor of his age to play on the emotions of the people.
“It is a victory for the people of the state. Edo people are now proud they can determine who will rule them and no one godfather can choose a leader for them. When you look at the propaganda, you will think we have fallen for the lion,” he stated.
PDP, Ize-Iyamu Protest, Reject Result
However, in the PDP camp, the mood was markedly different as supporters of the party, sensing that the election had been lost, attempted to barricade the roads leading to INEC’s office in Benin to prevent the commission from declaring the result.
But in order to forestall a breakdown of law and order, security personnel were forced to fire teargas and many gunshots into the air to scare away the protesters from the vicinity of INEC’s office.
In his reaction to the outcome of the election, Ize-Iyamu rejected it, saying the results from the local government areas were different from those collated at the polling units and declared at different wards.
Addressing a press conference yesterday at his residence in Benin City along with the Edo State PDP chairman, Chief Dan Orbih, while the results were still being announced, Ize Iyamu accused INEC of conniving with the Edo State governor and security agencies to declare fake results.