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EFCC Arraigns Fani-Kayode Over Alleged Forgery Of Medical Report

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EFCC Arraigns Fani-Kayode Over Alleged Forgery Of Medical Report

Former Aviation Minister Femi Fani-Kayode was on Friday arraigned before Justice Oluwabunmi Abike-Fadipe of the Special Offences Court sitting in Ikeja, Lagos on 12 counts bordering on the use of false documents, use of fabricated evidence, procuring execution of documents by false pretence, and fabricating evidence.

One of the counts by the Economic and Financial Crimes Commission (EFCC) reads: “That you, Femi Fani-Kayode, on or about the 11th day of October, 2021 in Lagos, within the jurisdiction of this Honourable Court, by fraudulent representation procured one Dr. Ogieva Oziegbe to execute a document titled: MEDICAL REPORT ON OLUFEMI FANI KAYODE 60 YEARS/MALE/HOSP. NO. 00345 DATED 11/10/2021 and procured the same to have been issued by Kubwa General Hospital.”

Another count reads: “That you, Femi Fani-Kayode, on or about the 11th day of October, 2021 in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: MEDICALREPORT ON OLUFEMI FANI KAYODE 60 YEARS/MALE/HOSP. NO. 00345 DATED 11/10/2021 before the Federal High Court, Lagos Judicial Division in Charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”
He pleaded “not guilty” to the charges when they were read to him.

Earlier before his arraignment and plea, Justice Abike-Fadipe had, in a ruling, overruled the application by the defence counsel, Wale Balogun, on December 14, 2021 when Fani-Kayode ought to have been arraigned.
Balogun had notified the court of the defendant’s application challenging the jurisdiction of the court to hear the matter, and argued that the defendant could not take his plea until the pending application on jurisdiction was determined.

READ ALSO: EFCC Takes Fani-Kayode To Court Over Alleged Forgery Of Medical Report

The prosecution, through Rotimi Oyedepo, had countered the arguments canvassed by the defence, stressing that “the pendency or mere filing of an objection to the charge will not prevent the court from taking the plea of the defendant”.

Justice Abike-Fadipe held that: “Before the court proceeds to take the preliminary objections raised by the defendant to the charges preferred against him by the prosecution, the charges must be read to him.”

Following Fani-Kayode’s plea, the prosecuting counsel, S.I. Suleiman, asked the court for a trial date and that the defendant be remanded at a Correctional Centre “as the defendant is now before your Lordship.”
Balogun raised no objection to the request of the proseution for a trial date.

He, however, pleaded with the court to be allowed to make an oral application for the bail of his client, which was granted by the court.

He urged the court to take into cognisance that the defendant was facing three other criminal charges preferred against him by the EFCC – two at the Federal High Court, Abuja and one at the Federal High Court, Lagos.

“He has met all the bail conditions and has not defaulted till date since 2016, and has faithfully attended his proceedings and the charges are bailable,” he said.

In response, Suleiman, noting that granting bail was at the discretion of the court, said, “It should be made to ensure that the defendant attends his trial.”

Justice Abike-Fadipe, thereafter, admitted Fani-Kayode to bail in the sum of N5 million, with one surety in like sum who must be based in Lagos.

He was further ordered to file an undertaking to attend his trial.

The case has been adjourned till February 4, 2022 for ruling on pending application challenging jurisdiction and February 23, 25 and 28, 2022 for trial.

 

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BREAKING: PDP Chairman Beaten To Coma Dies

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Peter Nweke

Peter Nweke, the People’s Democratic Party (PDP) Chairman in Ezza North local government area, beaten to coma, is dead.

Nweke died from injuries he sustained from attacks by hoodlums suspected to be political thugs on Saturday during the Governorship and Assembly elections.

Police spokesperson, Onome Onovwakpoyeya confirmed the death of Nweke on Sunday.

She said Nweke was beaten up and rushed to the hospital unconscious where he was later pronounced dead by a doctor.

The police officer said the police had launched an investigation into the death with a view to arresting and prosecuting anyone responsible.

Nweke’s younger brother, Samson Nweke also confirmed the death.

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BREAKING:Court Orders INEC to Paste, Transmit Results Electronically

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INEC Chairman Mahmood Yakubu

Hours before the Saturday’s governorship and state House of Assembly elections, a Federal High Court, Abuja, on Friday, ordered the Independent National Electoral Commission (INEC) to electronically transmit the results of the polls in accordance with its regulations and guidelines.

Justice Obiora Egwuatu, in a judgment, also ordered the use of the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results’ procedures in Akwa Ibom.

The judge further directed the commission to conspicuously paste the publication of its result posters EC60(E) at polling units after completing the EC8A result sheets in the state.

He equally ordered INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls in the state by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel.

Egwuatu held that since the electoral umpire averred in its filed affidavit that it was aware of its responsibilities under the law and had not failed to carry them out, granting the prayers sought by the applicants would not do any harm to the commission but instead, energise its performance.

He gave the judgment following a suit filed by the Labour Party (LP) and its governorship candidate in Akwa Ibom, Uduakobong Udoh, including 13 state’s House of Assembly candidates for the March 18 elections.

Recall that the applicants, in the originating summons marked: FHC/ABJ/CS/334/2023 dated and filed on March 15 by their lawyer, Moses Usoh-Abia, had sued INEC as sole defendant.

The applicants, who sought seven reliefs, prayed the court for an order of mandamus compelling INEC and all its agents to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct of the Saturday’s governorship and house of assembly elections in Akwa Ibom.

They also prayed the court to mandate the presiding officers of all polling units to conspicuously paste the publication of result posters EC460(E) at the polling units after completing the EC8A result sheets.

They sought an order of mandamus compelling the commission to mandate the presiding officers of all polling units in the state to electronically transmit or transfer the result of the polling units, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results procedures.

They said this was in compliance with the provision of Clause 38 of the guidelines for the conduct of the polls.
The applicants equally prayed for an order directing INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel, among other reliefs.

Justice Egwuatu had, on Wednesday, granted leave to the applicants to proceed with a judicial review, filed requisite motion and put INEC on notice, following an ex-parte motion moved by Usoh-Abia.

Upon resumed hearing on the matter on Friday, Usoh-Abia said that he had complied with the earlier court order and that their motion was served on INEC on Wednesday.

The lawyer said despite the service of their process, the commission was not represented in court.

The judge, however, said that he noticed INEC:s counter affidavit and a preliminary objection to their originating summons in the court file.

He said the application was filed on Thursday.
Responding, Usoh-Abia said though they were yet to be served by the commission, he was ready to proceed with the matter due to the urgency of the case.
He said the motion, dated March 15, had 26-paragrph affidavit with nine exhibits.
The lawyer urged the court to direct the electoral umpire to comply with its regulations and guidelines of Clauses 37 and 38 on the conduct of the elections.

He said the order was necessary because the commission, in the Feb. 25 Presidential and National Assembly polls, failed to transmit results of the elections in the state and across the country.

He argued that INEC created the regulations and guidelines pursuant to Section 148 and 60(5) of the Electoral Act, 2022 to guide the conduct of elections and collating of election result among others.

Usoh-Abia said INEC’s refusal to comply with the law had resulted in serious prejudice; and had foisted uncertainty and frustration on his clients at their various polling units and wards.
The lawyer said if the order was not granted, the same scenario would repeat itself in the Saturday’s poll.

But INEC, in its preliminary objection, said the suit was incompetent and the court lacked jurisdiction to entertain it.

The commission argued that the applicants had not established a justifiable action against it.

It also said that the applicants acted in contravention of the practice direction by commencing the suit via originating summons.
Delivering judgment, Justice Egwuatu said he was satisfied that the applicants had complied with the practice direction rules in the filing of their application.

He also said that he was satisfied that a cause of action had been established against INEC in the paragraphs of the applicants’ process.

The judge, therefore, ordered INEC to direct all its presiding officers to comply with Clauses 37 and 38 of its regulations and guidelines for the conduct of tomorrow’s election in Akwa Ibom.

He held that the commission had the legal duty to act in accordance with the law.

The judge, however, refused to grant other reliefs.

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Govt Postpones 2023 Census

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Emefiele Sick, Can't Meet With Reps - CBN
President Buhari

The 2023 population and housing census earlier scheduled for 29 March has been shifted to May.

This was disclosed by the Minister of Information and Culture, Lai Mohammed when he briefed State House correspondents at the end of the meeting of the Federal Executive Council (FEC) presided over by President Muhammadu Buhari on Wednesday in Abuja.

Mohammed said that the decision to shift the census was necessitated by the postponement of the gubernatorial and state assembly elections by the Independent National Electoral Commission (INEC) from 11 March to 18 March.

He also disclosed that the council approved N2.8 billion for the National Population Commission (NPC) to procure some software to be used for the conduct of the census.

“There was a memo presented by the National Population Commission, seeking some software to allow them to conduct the census in May this year.

”I believe because of the rescheduling of the elections, they cannot commence the census as scheduled.

“They sought council’s approval for a contract to procure software for the census at the sum of N2.8 billion,” he said.

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