BigSarah:
Lmao, ffk little finger? NEVER..
Op are you sure you watched GOT

Ffk is similar to Andy Bernard in the Office (US version)

... In matters of trust...

FFK, THE LORD BAELISH OF NIGERIAN POLITICS?

Femi Fani Kayode (FFK) is a popular Nigerian politician and a lawyer. FFK has held several ministerial positions in the past. He has his name in Nigeria's political history book but not particularly in the album of the legal profession.

A man who commands articulate, intelligent and charming personality. FFK is well-read and has demonstrated a knowledge capacity which may liken him to a depository of information.

He has an admirable boldness that makes him appear like a fearless being. Even in the face of many criminal charges, prosecution and persecution, he seems to have fought his way through, holding his head high.

FFK is a man of many words. He speaks with a level of conviction that can sway anyone. He explores this ability greatly. He presents himself as a man of integrity who fears God.

But there's a problem. He appears to have one flaw. Evidence of circumstances seems to cast aspersions on his integrity claims. This appears to have thrown him up on the podium of truth and has left us to demystify him by attempting to liken him to Lord Petyr Baelish, a character in the popular series, Game of Thrones, as far as matters of trust are concerned.

Lord Baelish (also known as Littlefinger) was a "master political operator." His character was neatly summarized thus:

"Challenge... clawing his way to the top. Petyr is a master political operator, and has worked his way up from being almost nothing to being one of the most powerful men in the Seven Kingdoms. He’s ambitious and has no intent to settle down and learn to appreciate what he has. He’ll keep scheming until he’s running the whole show, or dies trying.

Personality... clever, charming, and dishonest. Petyr raises duplicity to an art form, offering out tiny parcels of the truth as he maneuvers the great lords and ladies of the realm like puppets. While not a physically intimidating man, it would be unwise to dismiss him. With limitless ambition, a sharp mind, deep pockets and no scruples, the cagey Littlefinger might be one of the deadliest men in all of Westeros."

- From PDP to APC, to PDP to APC -

FFK appears to have been a political prostitute. This is not where the problem lies, as many Nigerian politicians are known for always defecting from one party to the other. Political parties in Nigeria are not particularly known for any defined and distinct political ideologies. There's only one interest - personal interest above national interest.

What makes FFK's defection a special issue is found in his comments and the kind of personality he sells to the public. By his political CV, FFK was a member of the Peoples Democratic Party (PDP). He later joined the All Progressive Congress (APC), announcing that he has left PDF forever.

He however returned to the PDP before the 2015 elections where he served as the Director of Media and Publicity of the PDP Presidential Campaign Organisation. While serving in this position, several unprintable comments were credited to FFK in the media.

Sometime in 2019, it was rumoured that FFK had defected to APC. He vehemently denied the allegation, saying:

The suggestion that I have joined the APC is false and deeply insulting. Those that are peddling this fake news should bury their heads in shame. With what we have witnessed I would rather die than join a filthy, rat-infested sinking ship like the Almajiri Peoples Party (APC). I am committed to opposing the APC and those that are in their ranks for the rest of my natural life and I will NEVER join them no matter what! They are nothing but darkness whilst I stand for the light of God and truth: there can be NO fellowship between light and darkness.

In September 2021, FFK was reported to have now joined the APC. Going back to one's vomit is not in the character of humans. Again, the real issue is not in defection per se but in the kind of comments attributed to FFK in the whole process. No man who prides himself as a man of integrity makes careless comments. A man of integrity chews his words and thinks of tomorrow. A man of integrity admits his wrongs without attempting to cleverly manipulate his listeners and followers. A man of integrity who stands for justice stands tall. FFK has been quite outspoken in attacking the present administration of President Buhari for all the excesses of Government. What has changed? Nothing, really.

Like Lord Baelish, everything FFK represents appear to be for personal benefit. This is not the way of noble men of high repute.

Summary

Now, FFK has a choice to eat his words. But he may not let it digest before he vomits again. His name appears to have been written in the political history book of Nigeria, in a chapter dedicated for men and women lacking the medal of integrity. Navigating the length and breadth of social media, you'll see Nigerians with their pen, writing all they know about FFK and his antecedents of political behaviour. As he scrolls through, he will see his scores.


Read here - https://stephenlegal.ng/ffk-the-lord-baelish-of-nigerian-politics/

UBN HELD LIABLE FOR FAILURE TO REMIT FOREIGN EXCHANGE: LESSONS

The Story

In 1982, Omni Products (Nig.) Ltd. (Omni Products) and Amechi Christopher E'Chukwu (The Appellants) applied to and obtained from the Federal Ministry of Finance approvals for the remittance of foreign exchange to their foreign principals, Bekaert International Trade, Belgium. Union Bank of Nigeria Plc (UBN or The Respondent) was aware of the approvals.

The Appellants issued cheques to UBN to enable UBN make the foreign exchange remittances as approved. UBN was unable to make all the remittances on behalf of the Appellants as mutually agreed. Specifically, UBN failed to remit the sum of £13,603.50 for which the Appellants had paid the equivalent of about N15,000. You read it right. N15,000 for £13,603.50!

The Appellants were aggrieved. Their complaint was that UBN was negligent and lackadaisical in carrying out their instructions to make foreign remittances to their foreign principals. The Appellants alleged that in consequence, Omni Products lost the sole agency of the Belgium principal. Moreover, UBN had lost all the Appellants' documents.

The Appellants then commenced an action in court against UBN bothering on combination of breach of contract and negligence. For these, they claimed the principal money involved, interests on the principal sum and general damages.

In reaction, UBN denied liability, contending that it was a mere conduit pipe and that all foreign exchange transactions at the relevant time were vested in the Central Bank of Nigeria (CBN). It further contended that it had done all that was required of it by completing the necessary documentation and forwarding same to CBN. It pleaded that it was the CBN that failed to release the sum of £13,603.50 for which the Appellants had paid the N15,000.

At the conclusion of hearing, the trial Court partly found in favour of the Appellants. UBN appealed to the Court of Appeal. The Appellants also cross-appealed because they were not satisfied with some aspects of the Judgment which was in their favour. The Court of Appeal dismissed the appeal of UBN on 27 March 2006 and partly allowed the cross-appeal but refused the claim for general damages on the ground that same amounted to double compensation. Note that the trial Court had awarded N500,000 to the Appellants as general damages. The Court of Appeal refused to confirm the award in view of the fact that the Appellants already got judgment for a refund of the deposit and interest on it.

In effect, the Court of Appeal ordered UBN to pay the Appellants the sum of £13,603.50 or N1,741,124 (Naira equivalent as at 1995 when the action was filed) being the value of the sum of N15,000 deposited with UBN in December 1982 for remittance to the Belgium company. The Court also awarded interest on the sum of £13,603.50 or N1,741,124.

- UBN is bound to pay damages -

Still aggrieved, the Appellants appealed to the Supreme Court. On 5 June 2020, The Supreme Court allowed the appeal. The apex Court held that the Appellants were entitled to interest on the deposit at the applicable interest rate as at the date of Judgment by the trial Court, 27 March 2003. Eko, JSC reasoned that since banks charge compound interest as a custom, "It is, therefore, reasonable by this same custom for the Respondent bank, in equity, to be made to pay interest on money it "had and received" for a purpose not carried out."

The Supreme Court overruled the position of the Court of Appeal refusing the grant of general damages on grounds of double compensation. The Court restored the N500,000 awarded by the trial Court as general damages. Kekere-Ekun, JSC explained (at page 115 of the report):

"I agree with learned Counsel for the Appellants that the claims for general damages is separate and distinct from the claims for a refund of the initial deposit and accrued interest thereon. Those claims are for the Appellants being kept out of their funds, which would have earned interest if it had been returned to them and invested. The claim for general damages was for the loss flowing naturally from the Respondent’s failure to remit the money to their agent, who consequently lost confidence in them and terminated their relationship."

The Supreme Court was right in its conclusion. It is left for UBN to proceed against the CBN if it felt strongly about its defence in the suit that it was the CBN that exposed the bank to liability by failing to release the sum of £13,603.50 in question.

https://stephenlegal.ng/ubn-held-liable-for-failure-to-remit-foreign-exchange-lessons/

ALLEGED CORRUPT PRACTICES IN NDDC THROWS THE JURISDICTION OF THE NICN ON SCALE

The Story

Mr. Akwaji Henry Omang (Omang) and Mr. Sylvester Effefiom Nsa (Nsa) are both employees of the Niger Delta Development Commission (NDDC). Nsa was employed and attached as Special Assistant to Omang in his capacity as the Cross River State representative on the Governing Board of NDDC.

Nsa alleged that upon being employed, Omang informed him that he would be required to relinquish part of his earnings monthly. Omang explained that Nsa had no say as that was the practice over time. Nsa was threatened to play ball or he should be prepared to lose his employment or face unbearable working atmosphere. Nsa, in fear, complied. But he wasn't going to be a coward for too long. He eventually took a bold step.

Nsa proceeds to Court

In the suit filed by Nsa at the National Industrial Court of Nigeria (NICN) challenging the conduct of Omang, Nsa articulated all the monies he paid over as directed by Omang mostly to Omang's agents, privies or cronies. Nsa sought declarations that the various sums unlawfully demanded and collected by Omang from Nsa's basic salaries, medical allowance, rent/furniture allowance, education subsidy and other allowances, were unlawful, abuse of powers, corrupt, amounted to a violent assault on his employment rights, prejudicial to his rights, highly reprehensible, a gross violation of the Public Service Rules, contrary to government policy and breach of his rights as employee. Nsa also sought recovery of all the monies.

Omang was not eager to defend the suit. He was however more interested in challenging the jurisdiction of the National Industrial Court mainly on the ground that there was no employer-employee relationship existing between him and Nsa. Put simply, Omang contended that he is not Nsa's employer. He also argued that Nsa's suit failed to disclose any reasonable cause of action against him.

The 1999 Constitution created the NICN, clothing it with extensive jurisdiction to deal with matters relating to or connected with employment and labour as seen under Section 254C. On the surface of it, one might be tempted to fall for the argument of Omang on the basis that the NICN should not be bothered to entertain a dispute between two employees, meaning that Nsa can only drag his employers to NICN but not Omang, a co-employee.

But this contention does not appear to have any leg to stand on in view of the provisions of Section 254C of the 1999 Constitution (as amended) and Section 7(1)(a) of the National Industrial Court Act 2006. The trial Court had no difficulty overruling Omang's objections and assumed jurisdiction over the suit.

Aggrieved, Omang appealed to the Court of Appeal. After a careful consideration, the Court of Appeal unanimously dismissed the appeal on 19 May 2020 for lacking in merit. Owoade, JCA held:

"The jurisdiction of the National Industrial Court relates to the ramifications of labour and labour relations in its length and breadth and does not make any distinctions between employer-employer relations, employer-employee relations, and as in the instant case, employee-employee relations as far as it concerns labour... In the instant case, it is clear that the Respondent (Nsa) who was employed for the Appellant (Omang) and attached to the Appellant as his Special Assistant is entitled to reliefs as to the interpretation of his conditions of employment when the Appellant started making demands as of right and actually collecting part of the Respondent’s salaries and allowances."

What this means in essence is that the facts of every particular case has a lot to do with determining whether or not the NICN will have jurisdiction. The Court of Appeal has done justice in this regard.

Beyond being a civil action commenced by Nsa, the NICN should treat this matter as a case of public interest. The allegations are too weighty. No one can truly fathom the true depth of corrupt practices within the NDDC. As alleged by Nsa, Omang had noted that the practice of troubling the legitimate earnings of Nsa is an ancient practice which has come to stay like a tradition. It is left for the Court to show that any unholy tradition which runs foul of the law must be struck down with heavy consequences.

Read here - https://stephenlegal.ng/alleged-corrupt-practices-in-nddc-throws-the-jurisdiction-of-the-nicn-on-scale/

HOW FCMB SOLD A JOINT VENTURE TO AMCON IN THE NAME OF NON-PERFORMING LOAN: THE COURT DECIDES

In 2007, one Hon. Chief Ogbuefi and First City Monument Bank Ltd (FCMB) agreed to do business and make some money. The nature of the relationship as evidenced by the documents executed and exchanged was that Chief Ogbuefi made an equity contribution of N40 Million in the expectation that FCMB will contribute N60 Million to make a total of N100 Million. This N100 Million joint contribution was for joint trading in stocks of blue chips companies which were to be exclusively managed by FCMB. Both Parties agreed that the profit realized from the N100 Million joint venture investment was to be in the ratio of 60% to FCMB and 40% to Chief Ogbuefi.

It was established that after Chief Ogbuefi made his contribution of N40 Million, FCMB failed to give him any information such as acknowledgement of receipt of the N40 Million equity contribution, record of purchase/sale of stocks, dividends/bonuses earned, etc., with regard to the joint business.

After several years with no communication from FCMB, Chief Ogbuefi was notified by a letter from FCMB that all FCMB's rights in connection with the joint venture business had been assigned to the Assets Management Corporation of Nigeria (AMCON). Chief Ogbuefi later received a letter from AMCON demanding payment of the alleged outstanding loan obligation of over N58 Million.

Alarmed, Chief Ogbuefi engaged his lawyers to come to his aid. His lawyers approached AMCON over the matter. After a careful consideration of all that had transpired, AMCON washed its hands off the situation on the basis that, in reality, the relationship between FCMB and Chief Ogbuefi was not a banker-customer relationship but a joint venture. Accordingly, AMCON wrote Chief Ogbuefi confirming that the purported loan portfolio of Chief Ogbuefi assigned to AMCON by FCMB had been returned to FCMB. Clearly, AMCON understood the limits of its statutory mandate and acted in line. FCMB packaged a joint venture business arrangement as a loan transaction and sold it to AMCON in order to command the coercive powers of the Corporation. But it failed.

Consequently, the road to liability became as clear as a highway. Chief Ogbuefi dragged FCMB on that road through court action at the High Court of the Federal Capital Territory claiming several reliefs. On 19 October 2017, the trial Court upheld his case and dismissed the counter-claim filed by the Bank. The Court held that the relationship between FCMB and Chief Ogbuefi was a joint venture business arrangement and not a lender-borrower relationship. The Court delivered judgment in favour of Chief Ogbuefi against the Bank.

Aggrieved, FCMB filed an appeal which was unanimously dismissed for lacking in merit on 3 February 2021.

AMCON is commended for the role it played in scrutinizing the deal between Chief Ogbuefi and FCMB and rightly assessing its position on time. The trial Court and the Court of Appeal are also commended for the well-reasoned judgments.

It is ordinarily mysterious how a joint venture business translated into a loan transaction. Unraveling this mystery may be good for preserving the integrity of the banking system.

Read here and see details of the case - https://stephenlegal.ng/how-fcmb-sold-a-joint-venture-to-amcon-in-the-name-of-non-performing-loan-the-court-decides/

UBAH VS SOLUDO: WHAT ANAMBRA NEEDS IS GOOD GOVERNANCE AND NOT A FIESTA OF ACADEMIC DEGREES

The Anambra State Governorship Election is scheduled to hold on 6 November 2021. Ahead of the polls, Prof. Charles Soludo of the All Progressives Grand Alliance (APGA) recently remarked that Anambra deserves persons of high academic qualifications as leaders. In his words as reported by the Punch:

APGA has a star-studded team for this election and it is the party with the best brains. Look at other political parties and their candidates, and you will find out that they have just first school leaving certificate and others the West African Senior School Certificate as their highest qualification…Is it First School Leaving Certificate and WASSCE they will use to govern Anambra? Anambra has outgrown such and you cannot use those certificates to govern Anambra. Look at my running mate, Dr Onyekachi Ibezim, a medical doctor. You can’t beat our team.

Feeling slighted, the candidate of the Young Progressives Party, Senator Ifeanyi Ubah, has now challenged Prof. Charles Soludo to a public debate. In the “pre-match” statement, the Senator claimed to have bagged a degree in Law (LLB). He clearly stated the basis for the debate:

I sincerely retain the belief that the era of ‘textbook grammatical grandstanding’ and theoretical politics is over in Anambra. Our people now want a leader with practicable ideas and dynamism to move the state forward. Ideas that will proffer sustainable solutions to the socio-economic problems beclouding the state due to bad governance brought to the fore by the present government.

Prof. Soludo parades several academic qualifications. He’s arguably one of the finest professors of Economics. He has an excellent record as a former Governor of the Central Bank of Nigeria and is undoubtedly qualified to be Governor of Anambra. But do these entitle him to make the seeming disrespectful swipe at those who do not possess his level of education? No.

Prof. Soludo should be more worried about his popularity in Anambra and not the lower or fewer academic qualifications of his opponents. Although a claim based on academic qualifications may be a campaign weapon, but it could be a double-edged sword.

A person aspiring to be the Governor of a State ought to show a clear knowledge and understanding of the provisions of the Nigerian Constitution. Thus, if other opponents of Prof. Soludo have satisfied the provisions of the Constitution especially as it pertains to qualification to contest the gubernatorial election, Prof. Soludo must respect the Constitution and not make comments that tend to undermine the reasonability of the provisions of the Constitution. If Prof. Soludo desires only professors to contest for elections, the decent thing to do is to push for constitutional amendment through the appropriate channels. It is desirable that the most competent persons should lead. But we must respect the Constitution and the right of others.

More so, the most educated person doesn’t automatically translate to the most qualified to lead a State. Leadership demands much more than academic degrees. The former CBN Governor ought to reserve some regard for his opponents who are persons that have recorded notable successes in business and politics. For instance, Senator Ifeanyi Ubah has gained commendable experience in politics both at state and federal levels. He is a successful business man. There is nothing on record to show that Senator Ubah lacks what it takes to lead Anambra as Governor if he is elected and if he is determined to perform.

In conclusion, what Anambra State needs is good governance and not a fiesta of academic degrees.

RUDE BOY IN RUDE SHOCK: ONLY ONE SOLUTION CAN SAVE HIS MARRIAGE

The marriage of Anita to Paul Okoye (AKA Rude Boy) of the defunct Psquare was, before now, well-admired considering the story behind the union, the period the marriage had lasted and how happy the couple appeared publicly. The couple was said to have dated for ten years. They thereafter tied the knot, and remained tied together for over seven years (with three kids) until the wife now seeks to untie the knot by judicial process.

Arguably, Anita devoted the fullness of her love to Paul even before he became a super star. This naturally entitles her to the queenship of his heart as one who loved unconditionally. Paul on the other hand is commended for finding true love in Anita and honouring her.

Anita claims the marriage has broken down irretrievably, meaning there's nothing left to be salvaged except the millions she claims as monthly upkeep from Paul.

Typically, a divorce proceeding is a proceeding whereby the court looks at the case presented to confirm that the facts and circumstances warrant dissolving the marriage in accordance with the law; while necessary consequential orders are made to take care of other related issues like upkeep and custody. The law believes there is no point preserving a marriage that has broken down irretrievably. This is the reason irretrievable breakdown is the only ground a marriage under the Marriage Act can be dissolved. To breakdown irretrievably simply means that the engine of the marriage has damaged beyond repairs. This is what Anita is telling the court.

Several facts identified by law can support the claim of irretrievable breakdown of marriage such as denial of conjugal rights or failure to consummate the marriage, desertion, intolerable adultery, living apart for a continuous period of two or three years, terrible behaviour no one is reasonably expected to live with and inexplicable absence of a partner that leads to a presumption of death.

To succeed, Anita needs to prove any of the supporting facts in line with established legal principles. However, if Paul steps in and decides not to object to the dissolution of the marriage, the Court will have less troubles in granting their wishes.

The One Solution

Although Rude Boy might be in rude shock when served with the divorce papers from Anita, only one solution can save the situation if he desires to rescue the sinking titanic. That is, Mediation.

Mediation is one of the alternative dispute resolution mechanism that has awesome advantages especially when successful. One or more seasoned mediators (not necessarily marriage counselors) have the capacity to thoroughly lead the couple through a reconciliation process that will identify all the elements rocking the boat. Divorce proceedings, no matter how well conducted, can hardly ever reveal the underlying problems.

Where a seasoned mediator steps in, there's hope. But should both parties unanimously decide to go their separate ways, then the law will guide the process of permanent separation. Interestingly, if they find love again and decide to remarry, the law will welcome them with a banquet.

While the public is feasting on the controversy, information available on social media can hardly reveal or represent the real problems between the former lovebirds. Through mediation, there is real hope.

At the risk of going religious, it is my personal belief, which I am constitutionally entitled to, that a couple who continually work for the good of the marriage and adores God's presence in their lives will remain happy and successful, and no matter the challenge, they'll come out victorious.

https://stephenlegal.ng/rude-boy-in-rude-shock-only-one-solution-can-save-his-marriage/

HOW EFCC MOVED TO BRING LAWYERS UNDER S. 25 OF THE MONEY LAUNDERING ACT THROUGH THE BACK DOOR

The Money Laundering (Prohibition) Act 2011 ("The Act" contains elaborate provisions for the combating of money laundering activities in the country. The Act gave a number of obligations to financial institutions and designated non-financial institutions geered towards achieving the objectives of the Act. For instance, there is the duty to verify identity of customers (Section 3), put in place adequate risk management systems (Section 3), make a declaration of activities to the Minister in charge of commerce where cash transactions are involved, and keep proper record where over $1,000 is involved (Section 5). Under Section 5, the Economic and Financial Crimes Commission ("Commission" or "EFCC" shall have powers to demand and receive reports directly from designated non-financial institutions. There is obligation to financial institutions and designated non-financial institutions to mount special surveillance on certain transactions (Section 6). Section 10 mandates financial institutions and designated non-financial institutions to keep records and report to the EFCC of any single transactions, lodgment or transfer of funds in excess of N5M (individual) and N10M (body corporate), among other provisions.

*The issue with lawyers*

The issue is that Section 25 of the Act defines "Designated Non-financial Institution" to include legal practitioners. Section 25 provides that

"Designated Non-financial Institution” means "Dealers in Jewellery, cars and luxury goods, chartered accountants, audit firms, tax consultants, clearing and settlement companies, legal practitioners, hotels, casinos, supermarkets, or such other businesses as the Federal Ministry of Commerce or appropriate regulatory authorities may from time to time designate."

Clearly, legal practitioners were included in the list. But Nigerian lawyers acting under the umbrella of the Nigerian Bar Association (NBA) approached the court to challenge that section of the Act which included lawyers and succeeded up to the Court of Appeal. That was in the case of CBN v. Registered Trustees of the NBA (unreported) - CA/A/202/2015. It was held that legal practitioners are excluded from the definition of “Designated Non-Financial Institutions” as contained in the Act and that Section 25 of the Act is invalid, null and void as far as it applies to legal practitioners. The reason furnished was that Section 25 of the Act was held to be inconsistent with Section 192 of the Evidence Act, 2011. Section 192 of the Evidence Act provides for lawyer-client privilege. By this, a lawyer is not bound to disclose professional confidential communication between the lawyer and his or her client except the communication is made in furtherance of illegal purpose or where crime or fraud is involved.

Thus, the provisions of the Money Laundering (Prohibition) Act which gives financial institutions and designated non-financial institutions some disclosure obligations was held not to apply to legal practitioners.

The decision of the Court of Appeal has not been set aside. It is therefore valid and subsisting.

The EFCC's back door attempt

Notwithstanding the fact that the decision of the Court of Appeal in CBN v. Registered Trustees of the NBA is still subsisting, the EFCC in F.R.N. v. Ozekhome [2021] 9 NWLR (Pt. 1782) 448 argued before the Court of Appeal that the trial Court in that case erred in law when it held that legal practitioners are excluded from the statutory list of “Designated Non-Financial Institution” contrary to the provisions of Section 25 of the Money Laundering (Prohibition) Act, 2011. U. U. Buhari, Esq. submitted on behalf of the EFCC that the role of the court is to interpret the law and not to amend same. This argument was in total and arrogant neglect of the earlier position of the Court of Appeal. The Court of Appeal in a decision delivered on 14 May 2021, discountenanced the submissions by the EFCC.

By the above argument, the EFCC appeared to forget that the role of parties is to abide by subsisting decisions of court which is valid until set aside. Similarly, the role of lawyers is not to mislead the court by attempting to appeal against a subsisting decision by irregular procedure. Counsel appeared to attempt to force a contrary decision to emanate from the same Court of Appeal in order to throw the law into confusion. Only the Supreme Court can review the position of the Court of Appeal in CBN v. Registered Trustees of NBA now upheld by the same Court in the case of F.R.N. v. Ozekhome. It is condemnable that the EFCC would move to forcefully box legal practitioners back into Section 25 of the Act after the Court of Appeal had earlier deleted them from the operation of that section of the Act.

In F.R.N. v. Ozekhome, the EFCC moved against the Respondent, a lawyer, (Chief Mike Ozekhome, SAN) by obtaining an interim order freezing the bank account of his law firm for receiving the sum of N75,000,000 as professional fees from the former Governor of Ekiti State, Mr. Ayodele Fayose. The Commission had argued that the Learned Senior Advocate ought to have known the funds were the proceeds of unlawful activities. It happened that at the time the transfer was made by the ex-Governor, his account which was earlier frozen by court order had been unfrozen by a subsequent court order. Chief Ozekhome successfully challenged the freezing of his account at the Federal High Court. EFCC appealed the decision and failed. The Court of Appeal found that in securing the interim order, freezing Chief Ozekhome's account, EFCC suppressed the vital fact that as at the time the money was transferred to Chief Ozekhome's Chambers, the account of Mr. Fayose had been unfrozen and that the ex-Governor had made a withdrawal of N5M from the account without any troubles. The Court also upheld the finding that Chief Ozekhome had dissipated the funds before his Firm's account was frozen. The Court of Appeal restated the principle that it is not the requirement of the law that a legal practitioner would go into enquiry before receiving his fees from his client to find out the source of the funds from which he would be paid. There was no evidence that the money received by Chief Ozhekome was from the proceeds of unlawful activities.

It was in the heat of the arguments at the Court of Appeal that the EFCC argued that legal practitioners were captured by the disclosure obligations and statutory report to the EFCC as contained in the Act in their capacity as designated non-financial institutions. The Court of Appeal had no difficulty upholding the position that legal practitioners, though mentioned in the Act, are not bound. By judicial pronouncement, the name of legal practitioners appearing in Section 25 of the Act stands deleted. The courts have powers to strike down any statute or section or portion of the statute which is either unconstitutional or which reasonably offends another statute.

In conclusion, the decision of the Court of Appeal striking out the name of legal practitioners from Section 25 of the Act is a welcome decision which is valid and subsisting.

Read here - https://stephenlegal.ng/how-efcc-moved-to-bring-lawyers-under-s-25-of-the-money-laundering-act-through-the-back-door/

US INDICTMENT: WAYS ABBA KYARI CONFIRMS HE HAS PLENTY OF QUESTIONS TO ANSWER

The Federal Bureau of Investigation (FBI) in the United States recently dropped a bombshell as they made frightening revelations which sought to connect Nigeria’s Deputy Commissioner of Police, Abba Kyari, with criminal conspiracy associated with internet fraudster, Ramon Abbas (Hushpuppi) and his gang.

The FBI's revelations were as contained in an affidavit presented before the United States District Court by FBI, Special Agent, Andrew John Innocenti.

We are all familiar with the story of Hushpuppi and how he has already pleaded guilty to some of the charges leveled against him in the US. We are also familiar with Nigeria's celebrity supercop, Abba Kyari, who leads the Inspector General of Police’s Intelligence Response Team (IGP-IRT) in the Nigerian Police Force.

However, what has left everyone astonished is FBI's story on how Kyari and Hushpuppi were allegedly entangled in a boy/boss relationship. Kyari and Hushpuppi appeared to be rotating roles; at some point, you can hardly tell who the boss was or who was the "boy". But the most damning revelation relates to how Kyari allegedly used his office to advance the interest of Hushpuppi by arresting Hushpuppi's gang member, Vincent Chibuzo, who was said to have attempted to divert Hushpuppi's "job" (fraud victim). In the Affidavit, the FBI explained that Kyari allegedly received the information, understood it, asked no further questions, and swung into action by arresting the said Chibuzo to the pleasure of Hushpuppi. An average Nigerian familiar with some of the atrocities of many bad eggs in the Nigeria Police Force would have no difficulty understanding that it's quite easy to use the Police to achieve any unholy objective once you pay the price.

In a swfit reaction, Abba Kyari dismissed the weighty allegations with a wave of narrative that appears to ridicule the intelligence of even an idiot. Below is the summary of Kyari's response found under his verified Facebook profile -

1. Hushpuppi called Kyari's office 2 years ago.
2. The call was to lodge a complaint regarding an alleged threat by someone to kill Hushpuppi's family.
3. Kyari and his team traced and arrested the suspect and after investigations, they realized the allegation of threat to life was false.
4. The true story Kyari found was that Hushpuppi and the "suspect" were simply having money issues. The suspect was granted bail.
5. Nobody demanded or received Kobo from Hushpuppi. (But even the dead in Nigeria knows that if you don't pay the Police, absolutely nothing will be done concerning your complaint or case).
6. Kyari stated that after realizing that Hushpuppi raised a false alarm, he still connected Hushpuppi LATER or thereafter to a cloth merchant for Native Clothes & Caps and used his office to help Hushpuppi take delivery of the clothes.
7. Kyari claims his hands are clean.
8. He considers the indictment of the FBI as fake, false and the documents presented as doctored. He hurriedly maintains there's no evidence against him.

Kyari appears to have introduced another idiom to replace the famous one known as "Cock and Bull story". It seams we now have "Agbada (Native Clothes) and Caps story" to depict a piece of unbelievable and implausible narrative.

Anybody familiar with criminal investigation knows that Abba Kyari has lots of questions to answer in order to clear himself. At least, Kyari has confirmed he was in contact with Hushpuppi and that he arrested a suspect on the instigation of Hushpuppi. Kyari confirms he found Hushpuppi and the suspect were having money issues. These are just tiny strings that already show some connection with the revelations of the US FBI. The US FBI is not David Hundeyin or Fisayo Soyombo, Nigeria's respected investigative Journalists, whom Nigerian Forces disrespect at will.

The Nigeria Police Force collaborates with the US FBI in combating crimes especially crimes of international dimensions. Instead of using Facebook to deny the allegations, Kyari should approach the FBI without any delay to clear his name and preserve the integrity of his office and that of the Nigeria Police Force. Ultimately, Kyari needs to preserve the integrity of President Buhari and that of Nigeria as a whole.

The material aspects of the FBI's indictment contained in the Affidavit needs to be properly addressed. It is dishonourable to proceed in the ridiculous fashion that Kyari adopted using his Facebook account. Thankfully, the Nigeria Police Force has issued a statement indicating that they are on top of the situation. The Police should not waste much time and resources. The most decent thing to do is to use presidential jet to move Kyari to the US. Respect for his fundamental rights is guaranteed. Nobody will torture him to obtain confession. He will have access to legal representation of his choice. All he will be required to do is to answer questions. He will have the opportunity to see Hushpuppi and confirm if he loved the Natives (Agbada) and Caps made for him.

If President Buhari fails to hand over Kyari to the FBI for interrogation, Nigeria will become an international emblem of disgrace!

https://stephenlegal.ng/us-indictment-ways-abba-kyari-confirms-he-has-plenty-questions-to-answer/

UNBELIEVABLE: HOW NIGERIA POLICE OBTAINED CONFESSIONAL STATEMENT THROUGH BLOODSHED

"The decision is not complete unless an order is made directing the relevant prosecutorial authorities to immediately investigate, and prosecute if necessary, the circumstances of the brutality to the Appellant by the PW1 [IPO]. All the police officers responsible for the alleged shooting and killing of one Mannir in the police cell shall also be brought to book. The Counsel for the Respondent, Emeka Obegolu, Esq., is hereby directed to convey the duly certified copies of this Judgment to the Inspector General of Police and the relevant State authorities including the Attorney-General and Commissioner of Police of the State. The Appellant’s Counsel, Dr. Adekunle Oladapo Otitoju shall collaborate with the Respondent’s Counsel to ensure that the Order is effectively carried out." Eko, JSC

The Nigerian Bar Association may also need to follow up with the Supreme Court’s Order. So too, other well-meaning organizations fighting for the preservation and advancement of human rights. Enough is enough!

https://stephenlegal.ng/unbelievable-how-nigeria-police-obtained-confessional-statement-through-bloodshed/

HOW FGN’S SHREWD MOVE TO AVOID A COMPROMISED N9.7B JUDGMENT DEBT WAS BLOCKED BY THE SUPREME COURT

The Supreme Court is highly commended for rising to the occasion. A few disturbing lessons are there. First, the Respondents (especially the 3rd Respondent) being agencies of the FGN appeared to have believed that they were above the law. They did not only flout an order of Court, they also refused to comply with the directive of the then Acting President of Nigeria. The Federal Minister of Finance at the time had lots of question to answer...Finally, the principle have been further established that once a subsequent agreement is reached which varies or compromises a judgment, no appeal should be entertained on that judgment.

The second lesson will blow your mind.

https://stephenlegal.ng/how-fgns-shrewd-move-to-avoid-a-compromised-n9-7b-judgment-debt-was-blocked-by-the-supreme-court/

The 300-level Mass Communication student used her beauty to entice men to pay her fees. But the blood of Ataga appears to have marked the end of the road. The “highway” groove at a short-let apartment in Lekki has led Ataga to a “long-let apartment” six-feet down. Whether Chidinma will join him for a reunion by the knife of the law is yet to be seen.

https://stephenlegal.ng/super-tv-ceo-allegedly-killed-on-the-highway-while-riding-a-unilag-porsche/

REAL REASONS BUHARI BANNED TWITTER

The reason furnished by the Government for Twitter ban was that Twitter allegedly allows its platform to be used “for activities that are capable of undermining Nigeria’s corporate existence.” On the contrary, Buhari appears to be the main threat to Nigeria’s corporate existence...

https://stephenlegal.ng/real-reasons-buhari-banned-twitter/

Built2last:


https://amp.cnn.com/cnn/2021/06/04/africa/nigeria-suspends-twitter-operations-intl/index.html?__twitter_impression=true

SUPREME COURT TAKES THE ISSUE OF FEDERAL HIGH COURT JURISDICTION TO ANOTHER WORRISOME DIMENSION

See the Supreme Court’s train which, with the greatest respect, appears to have thrown the wind of clarity into chaos as far as the jurisdiction of the Federal High Court is concerned.

https://stephenlegal.ng/supreme-court-takes-the-issue-of-federal-high-court-jurisdiction-to-another-worrisome-dimension/

JURISDICTION OF THE FEDERAL HIGH COURT: ACCESS BANK MAKES “ABSURD” ARGUMENT AT THE COURT OF APPEAL

It is, most respectfully, ludicrous, preposterous and specious for the Appellant (Access Bank Plc) to contend that the loan facility it granted its customer in the course of carrying on banking business is a simple contract which does not arise from a banker/customer relationship... Ogakwu, JCA

https://stephenlegal.ng/jurisdiction-of-the-federal-high-court-access-bank-makes-absurd-argument-at-the-court-of-appeal/

MOST COUNSEL APPEARING BEFORE THE SUPREME COURT CITE CASES LIKE ROBOTS – NWEZE, JSC

"To say the least, this style of advocacy stultifies the evolution of speedy trends in justice delivery." Nweze, JSC.

https://stephenlegal.ng/most-counsel-appearing-before-the-supreme-court-cite-cases-like-robots/

INSECURITY: FED GOVT TO UNLEASH “OVERWHELMING FORCE” IN COMING DAYS

The Government must prove that the threat of action is not an empty one. It is unattractive to assume that the country’s military might appear to be more effective in dealing with people who fight injustice with flags, placards and packs of fried rice and chicken.

https://stephenlegal.ng/insecurity-fed-govt-to-unleash-overwhelming-force-in-coming-days/

*OYEDEPO VS COVID-19 VACCINE: WHERE DOES THE LAW STAND?*

Matters of faith and reason are often on parallel lines. But we must not entirely disregard the suspicions fueled by faith, because the days are evil... Covid-19 Vaccine appears to be on the threshold of such dispute, but time will reveal and clarify all things like it always do.

https://stephenlegal.ng/oyedepo-vs-covid-19-vaccine-where-does-the-law-stand/

KAYODE BADRU ALLEGEDLY ROASTED IN A CELE CHURCH: WHY THE LAW SHOULD TAKE ITS COURSE

Whatever the case, the real lesson is that people should not let down their thinking faculty in exercising and demonstrating their right of worship. It would hardly be the expectation of the Late Kayode Badru that he would become a burnt offering allegedly sacrificed by Prophet Felix Alebiosu and the seven elders.

https://stephenlegal.ng/kayode-badru-allegedly-roasted-in-a-cele-church-by-a-prophet-and-7-elders-why-the-law-should-take-its-course/

TruthHurts1:
Punch Releases Censored Video Of Baba Ijesha Molesting 14 Year Old:

https://www.youtube.com/watch?v=qDxhjwppKG8

IS THE TRAP SET FOR BABA IJESHA LEGALLY JUSTIFIED?

...A look at the CCTV footage reveals that Baba Ijesha was subject of fair entrapment. He was merely presented an opportunity to display his other talents not seen on the screen. He did not fail. Just like on set, he delivered. What is left now is for him to face the law and the people.

https://stephenlegal.ng/is-the-trap-set-for-baba-ijesha-legally-justified/

TARABA: SUPREME COURT ACTUALLY AFFIRMED EX-GOV. REV. NYAME’S NEW TITLE OF A “COMMON THIEF WITH UNBRIDLED GREED”

...Though a Reverend who probably believes in the power of the resurrection, Rev. Nyame’s political career and prestige has now received befitting burial and may never rise again.

https://stephenlegal.ng/taraba-supreme-court-actually-affirmed-ex-gov-rev-nyames-new-title-of-a-common-thief-with-unbridled-greed/

OLISA METUH’S CORRUPTION CASE: HOW JUSTICE ABANG FELL INTO A WEB OF BIAS THAT NULLIFIED METUH’S TRIAL AND CONVICTION

While the Court of Appeal was right in its conclusions, perhaps it is important to state that the allegations by the learned trial Judge against Metuh and his company, and especially against the defence Counsel, Etiaba SAN and Dr. Ikpeazu, SAN, calls for worry... The Bar and the Bench must not sit on the fence in matters that seem to lower the prestige of the noble profession.

https://stephenlegal.ng/olisa-metuhs-corruption-case-how-justice-abang-fell-into-a-web-of-bias-that-nullified-metuhs-trial-and-conviction/

CHILD MOLESTERS ARE BARBARIC ANIMALS OF DANGEROUS SPECIES – SUPREME COURT

"Perhaps the appellant forgot that by nature, children, generally are like animals. They follow anyone who offers them food..." SC

Did you know that pedophilia and child abuse/molestation are two different things?

https://stephenlegal.ng/child-molesters-are-barbaric-animals-of-dangerous-species-supreme-court/

BEWARE: NIGERIAN ARMY BLOWS HOT AGAINST SHARING OF GRAPHIC PICTURES OF SOLDIERS KILLED IN BATTLE

"The Nigerian Army consider this despicable and unpatriotic act totally unacceptable and will henceforth take legal actions to protect troops who die in action from being ridiculed on social media or any platform."

https://stephenlegal.ng/beware-nigerian-army-blows-hot-against-sharing-of-graphic-pictures-of-soldiers-killed-in-battle/

SUPREME COURT FORBIDS LAWYERS FROM PLEADING ALLOCUTUS

The apex Court said plea of allocutus by Counsel offends RPC.

The Courts are urged never to shut Counsel from addressing the Court at the stage of allocutus, notwithstanding the position of the Supreme Court.

https://stephenlegal.ng/supreme-court-forbids-lawyers-from-pleading-allocutus/

ACTIVISTS BY DAY, HUSTLERS AT NIGHT: THE MANY SCALES OF A FAILED SYSTEM

The recent story of what transpired between Mr. Festus Keyamo, SAN and Nigerian music artiste, Eedris Abdulkareem, is a classic example of what goes on behind the scenes in the movie starring many Nigerian activists...

https://stephenlegal.ng/activists-by-day-hustlers-at-night-the-many-scales-of-a-failed-system/

HOW TO SAVE YOUR ACCOUNT FROM BANK’S EXCESS CHARGES: BUSINESS AND LEGAL TACTICS

Beyond the possibilities of honest computing errors, banks are known for deliberate act of excess and illegal charges...

In this piece, I briefly discussed the recent case of Skymit Motors Ltd v. United Bank of Africa Plc [2021].

https://stephenlegal.ng/how-to-save-your-account-from-banks-excess-charges-business-and-legal-tactics/

COURT ENCOURAGES THE PUBLIC TO SUE LAWYERS FOR PROFESSIONAL NEGLIGENCE

Danjuma, JCA!

https://stephenlegal.ng/court-encourages-the-public-to-sue-lawyers-for-professional-negligence/

COURT ORDERS CROWN REALTIES PLC TO REFUND N44.9M TO PROPERTY SUBSCRIBER FOR TOTAL FAILURE OF CONSIDERATION: LESSONS

If you're interested in engaging an estate developer to buy a house, this is for you.

https://stephenlegal.ng/court-orders-crown-realties-plc-to-refund-n44-9m-to-property-subscriber-for-total-failure-of-consideration-lessons/

3 REASONS NIGERIANS PANT OVER PANTAMI’S NEW “BORN AGAIN” STATUS


1. People with radical ideologies don’t change overnight

2. Our data are not secure

3...


https://stephenlegal.ng/3-reasons-nigerians-pant-over-pantamis-new-born-again-status/

BonaMagnate:
Because Fulani herdsmen, bandits boko haram etc, are elements that live mostly in the bush. Thus the need to turn carnivorous.

Lol

TWITTER SNUB: LAI MOHAMMED GOES AGAINST NIGERIANS IN A GAME OF MOCKERY AND BLAME

Interestingly, Lai Mohammed appears to be mocking Nigerians like a parent would do to a child who failed in life because the child refused to imbibe and assimilate proper home-training... But the Minister appears to see nothing wrong in the fact that the Nigerian Government herself does not appear to have particularly led the way for the promotion of democracy, rule of law and respect for human rights, in line with Section 14(1) of the 1999 Constitution (as amended)...


https://stephenlegal.ng/twitter-snub-lai-mohammed-goes-against-nigerians-in-a-game-of-mockery-and-blame/