As the nation’s judiciary resumes for the 2024/25 new legal year, there are a number of high profile cases being prosecuted by anti-graft agencies which commenced years ago and are still pending before the various courts. TUNDE OYESINA and FRANCIS IWUCHUKWU examine some of these cases

On January 24, 2024, the Economic and Financial Crimes Commission (EFCC) arraigned a former Governor of Anambra State, Willie Obiano, on a 9-count charge of alleged N4 billion fraud before Justice Inyang Edem Ekwo of a Federal High Court in Abuja.

Obiano who was Governor of Anambra State between March 2014 and March 2022 was accused of diverting the money from the state treasury while at the helm.

The Economic and Financial Crimes Commission (EFCC) accused him of spending the money for “purposes unrelated and unconnected with the security affairs of Anambra State”.

EFCC further alleged that the funds were diverted through companies “that had no business relationship with the Anambra State Government.

It said the funds were then converted to dollar and handed over to the then-governor in cash. Obiano however pleaded not guilty to the charge upon his arraignment and he was granted bail on the same day.

Justice Ekwo granted the former governor administrative bail and added that he must remain within Federal Capital Territory (FCT).

The judge also ordered that Obiano’s travel documents must be submitted to the court. The EFCC had since commenced the trial of Obiano and had so far called two witnesses to prove its case against the former governor.

Hadi Sirika

Another high profile case that will shape the new legal year is the case of the immediate past Aviation Minister, Hadi Sirika, who was accused of abuse of office and contract fraud to the tune of N8 billion.

The Federal Government through the Economic and Financial Crimes Commission (EFCC) had on May 9, 2024 dragged the former Aviation Minister, his daughter, Fatima, her husband, Jalal Sule Hamma and a firm, Al-Duraq Investment Limited, before Justice Sylvanus Oriji of a Federal Capital Territory (FCT) High Court in Maitama, Abuja on a.6-count charge bordering on the alleged fraud. In the charge, Sirika was accused of abusing his office as minister with the award of contracts to company in which his daughter and husband had interest.

The anti-graft agency accused Fatima, who works at the Nigerian National Petroleum Company (NNPC), and her husband, Jalal Sule Hamma, a staff of the Nigerian Upstream Petroleum Regulatory Commission, of holding “indirectly private interests in the contract for the Apron Extension at the Katsina Airport” for the sum of almost N1.5 billion. This was said to violate Section 12 of the ICPC Act.

The anti-graft agency also accused the couple of being in possession of the sum of N1.3 billion allegedly traced to Sirika as “proceeds of criminal conducts” in the form of gratification.

They however pleaded not guilty to the 6-count charge upon their arraignment, following which they were granted N100 million bail each.. In admitting them to bail, the judge barred the defendants from travelling outside Nigeria without the court’s permission. The case is expected to continue in this new legal year.

Many cases involving politically exposed persons will be decided in the new legal year

Abdullahi Ganduje Another case that will shape the new legal year is the one seeking to remove Umar Abdullahi Ganduje as the National Chairman of the All Progressive Congress (APC). . Justice Inyang Ekwo of a Federal High Court in Abuja is expected to deliver judgement in the matter today.

The judge had initially fixed September 18 for judgement.. The matter was, however, not listed on the court’s cause list on the said date with the court’s registrar explaining that the judgement was not ready and that parties in the suit have been communicated with regarding the new date for judgement. The suit was filed by the North Central APC Forum, led by one, Saleh Zazzaga.

The Forum is challenging Ganduje’s appointment as APC National Chairman on the grounds that he is from Kano State in the North West geopolitical zone.

They argued that the position previously held by Senator Abdullahi Adamu from the North Central, should remain within that region according to APC’s constitution. The plaintiff further argued that Ganduje’s appointment violates Article 31.5(1) of the APC Constitution and exceeds the authority of the party’s National Executive Committee.

They are asking the court to bar Ganduje from acting as the APC Chairman and to prevent the Independent National Electoral Commission (INEC) from recognising any party actions under his leadership since his appointment on August 3, 2023.

Walter Onnoghen

The suit filed by a former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, challenging his ‘unlawful’ removal from office is another one that will definitely shape the judiciary in this new legal year . Already, the Court of Appeal, Abuja Division, has granted the request of the Federal Government and Onnoghen, to settle out-of-court, an appeal challenging Onnoghen’s removal as CJN.

The decision of the court was premised on information that the two parties in the suit have intensified efforts to reach an amicable settlement of all issues in dispute. Former President Muhammadu Buhari had in 2019 removed Onnoghen as the Chief Justice of Nigeria during the pendency of a charge against him at the Code of Conduct Tribunal.

At the last proceedings, lead counsel to the former CJN, Dr Ogwu James Onoja, informed a 3-man panel of Justices of the Appeal Court that the two parties are already having discussions on a peaceful resolution of the dispute. Onoja informed the court that the parties had an engagement up until Wednesday, September 18 and expressed optimism that the discussion would bear fruitful results.

He subsequently appealed to the appellate court for a one-month adjournment for final settlement of the matter. Federal Government’s lawyer, Tijani Gazali, corroborated the submission of Onoja and requested that the matter be shifted forward for a possible amicable settlement. “My lords, I wish to humbly confirm the information. It is our position to settle the matter out-of-court”, he said.

In a brief remark, Justice J. O. Oyewole, who presided over the proceedings, directed parties to file terms of settlement for adoption when eventually agreed upon. Justice Oyewole held that the terms of settlement must be documented and filed before the adjourned date for the court to adopt as its judgement in the matter. He subsequently fixed November 4 as the return date for the two parties.

Onnoghen was prosecuted in 2019 by the Federal Government over allegation of false declaration of assets at the Code of Conduct Tribunal, found guilty and removed from office. He was also made to forfeit the undeclared assets to the Federal Government.

Kayode Egbetokun

In this new legal year, the court will also have to determine one way or the other , the suit filed by a lawyer and rights activist, Maxwell Okpara, challenging the alleged extension of the tenure of the Inspector General of Police (IGP), Kayode Egbetokun, by President Tinubu A rights activist, Maxwell Okpara, who instituted the suit is contesting the legality of the tenure elongation granted Egbetokun under the amended Police Act.

Okpara, in the suit, is asking the straining Egbetokun acting by himself or through his agents and servants, from continuing to hold out, present and or parade himself as the Inspector General of Police of the Nigeria Police Force.

The lawyer argued that having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, Egbetokun, as a public servant, should retire compulsorily at the age of 60 or after having served 35 years of pensionable service, whichever is earlier.

Listed as 1st to 5th respondents in the suit are; Kayode Adeolu Egbetokun, Nigeria Police Force (NPF), Nigeria Police Council (NPC), President, Federal Republic of Nigeria and the Federal Civil Service Commission.

Godwin Emefiele

On April 8, 2024, the Economic and Financial Crimes Commission (EFCC) arraigned a former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, alongside one, Henry Omoile, before Justice Rahmon Oshodi of a Lagos State Special Offences Court in Ikeja.

The duo were arraigned by the Commission on a 26-count charge bordering on fraud. They however denied the alleged offence. According to the anti-graft agency, only 18 out of the 26 counts are directly related to the former CBN boss. In the charge, Emefiele was accused of allocating forex of $2,136,391,737.33 without a bid. In the second count, Emefiele was alleged to have allocated forex of $291,945,785.59 without a bid.

The third count alleged that Emefiele abused his office by the special allocation of forex of $1,769,254,793.16. The anti-graft agency in the fourth count alleges abuse of office by special allocating of forex of $370,872,893.01 against the former CBN boss.

The 8th count touches on Emefiele, allegedly receiving $26,552,000 from Donatone Ltd in a corrupt manner, while on the ninth count, the former CBN helmsman was accused of corruptly receiving $740,000 from Donatone Ltd. In the 10th count, Emefiele was said to have corruptly received $2,410,000 from Raja Punjab on account of forex to his employer, while the eleventh count pointed accusing fingers at Emefiele of corruptly receiving $6,320,000 from Raja Punjab on account of forex to his employer.

In insisting that Emefiele corruptly received $7,720,000 from Raja Punjab on account of forex to his employer in the 12th count, the EFCC argued that the former CBN boss corruptly received $850,000 from Raja Punjab on account of forex to his employer in the thirteenth count.

Count eighteen accused Emefiele of corruptly receiving $400,000 from Source Computer Ltd as a kickback for a contract award, just as the nineteenth count alleged that the former CBN helmsman corruptly received $200,000 from Source Computer Ltd as a kickback for a contract award.

In count 21, Emefiele was alleged to have conferred a corrupt advantage on his associate, Limelight Multidimensional Services Ltd, to the tune of N900,216,324.21, and in count 22, he was alleged to have conferred a corrupt advantage on his associate, Limelight Multidimensional Services Ltd to the tune of N1,060,030,249.42.

The twenty-third count saw the EFCC alleging that Emefiele conferred a corrupt advantage on his associate, Comec Support Services Ltd, to the tune of N149,001,009.70, while in the twenty-fourth count, he was alleged to have conferred a corrupt advantage on his associate, Comec Support Services Ltd to the tune of N151,168,458.73.

In the 25th count, EFCC accused Emefiele of conferring corrupt advantage on his associate, Adswin Resources Solution Ltd, to the tune of N398,031,732.32, while in the 26th count, the former CBN boss was alleged to have conferred a corrupt advantage on his associate, Adswin Resources Solution Ltd to the tune of N204,992,739.51. The case has since been adjourned until October 28, 2024, for the trial to continue.

Cletus Ibeto

Barring any last minute change, definite hearing in the alleged N4.8 billion fraud trial of Cletus Ibeto, Chairman of Ibeto Energy Development Company, will begin on October 24, 2024 before Justice Oyindamola Ogala of a Lagos High Court in Ikeja.

He is expected to be arraigned alongside his firms, Ibeto Energy Development Company and Odoh Holdings Ltd on 10 counts bordering on a N4.8 billion land deal.

In the 10 counts filed by the Economic and Financial Crimes Commission (EFCC), Chief Ibeto and his companies were alleged to have been involved in obtaining by false pretences, fraudulent conversion of property, criminal breach of trust, forgery and deception.

Addressing the court during the last hearing of the matter, EFCC’s lawyer, Rotimi Jacobs (SAN), alleged that rather than appearing in court for his arraignment, Ibeto had chosen to negotiate a plan to pay back the funds involved in the case with the commission.

A number of fresh cases may also be initiated by anti-graft agencies in the new legal year

According to Jacobs, “We need to know what their plans are. Are they planning to continue with the litigation? Or do they want to sit with the prosecution and the complainant to negotiate an out-of-court settlement?

“He has paid back a large part of the money, and we need to know whether we should use it as an exhibit or consider it his commitment to an out-of-court settlement because they have continued to file different applications challenging the court’s competence to hear the matter.”

Responding, defence lawyer, Adebayo Oshodi, who did not react to the submissions made by the SAN, only sought the leave of the court to re-list the application challenging the court’s territorial jurisdiction. This request was opposed to vehemently by the prosecution lawyer.

Michael Atiba and Michael Ugbeye’s involuntary manslaughter case

Another high-profile case that will shape the new legal year is the one involving two specialist doctors, Michael Atiba and Michael Ugbeye, who were charged for alleged involuntary manslaughter by the Lagos State Government.

The duo were dragged before Justice Oyindamola Ogala of a Lagos High Court in Ikeja over the alleged involuntary manslaughter of a patient, Ejiro Ugorobi. The LASG had on March 25, 2024, arraigned the medical doctors over their alleged involvement in the involuntary manslaughter of the deceased patient.

Specifically, Atiba, a doctor at the Gbagada General Hospital, and Dr Michael, a Consultant with the National Orthopaedic Hospital, Igbobi, Lagos, are facing a count charge of involuntary manslaughter as made against them by the LASG.

Following the defendants’ arraignment, prosecution’s lawyer, A. O. Azeez, told Justice Ogala that the incident took place on October 21, 2023 at No. 20, Michael Adekoya Street, Ilupeju, Lagos State, adding that Atiba and Michael unlawfully caused the death of Ugorobi by the wrongful application of medication before and after surgery.

According to Azeez, the alleged offence contravened Section 224 of the Criminal Law of Lagos State, 2015. But the medical doctors pleaded not guilty to the charge, prompting Justice Ogala to set October 7, 2024 as trial date.

Chrisland school manslaughter’s case

Sometimes in March 2023, the Lagos State Government initiated two counts of involuntary manslaughter and reckless and negligent acts against Chrisland School Limited and four others over the death of a 12-year old student, Whitney Adeniran.

The school and others were dragged before Justice Oyindamola Ogala of a Lagos High Court in Ikeja. The four others are staff members of the school, namely; Ademoye Adewale, Kuku Fatai, Belinda Amao and Nwatu Victoria.

The criminal charge was initiated on behalf of the state government by the Director of Public Prosecution (DPP), Dr Babajide Martins. According to the DPP, on February 9, 2023, at about 1 pm at Agege Sports Stadium, the defendants negligently killed Whitney Adeniran by not ensuring her safety.

The offences, according to the LASG, are contrary to Sections 224 & 251 of the Criminal Law, C17, Vol.3, Laws of Lagos State, 2015. Adeniran was said to have slumped on February 9, 2023, during the Interhouse Sports organised by the school and held at the Agege Sports Stadium.

Evans kidnap, murder case

In March 2023, the Lagos State Government re-arraigned convicted billionaire kidnap kingpin Chukwudumeme Onwuamadike, popularly known as Evans, over alleged kidnapping and attempted murder before Justice Ibironke Harrison of a Lagos High Court in Tafawa Balewa Square (TBS).

The re-arraignment came consequent upon the transfer of the case file from Justice Adedayo Akintoye, the former trial judge. Evans was arraigned alongside Joseph Emeka, Victor Aduba and Okapara Linus before Justice Ibironke Harrison, where the matter had started afresh.

They are facing five counts bordering on conspiracy, kidnapping and attempted murder preferred against them by the Lagos State Government. Evans and his co-defendants were arraigned for alleged kidnapping of Chief James Uduji and collecting a ransom of $1.2m.

They, alongside others at large, allegedly committed the offence on September 7, 2015, at 7th Avenue, Festac Town, Lagos. The defendants were also accused of attempted murder by allegedly firing shots at Uduji and Donatus Nwoye, which hit him on the hand, while also shooting one, Jereome Okezie, on the hand and head. According to the prosecution, the offences contravened Sections 411, 271 (3) and 230 (A), of the Criminal Laws of Lagos State 2015.