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Court Stops EFCC, ICPC, DSS from Probing Saraki
The Federal High Court in Abuja on Tuesday restrained the Economic and Financial Crimes Commission and other agencies involved in the probe of Senate President Bukola Saraki over corruption allegations.
Saraki on Friday filed two separate fundamental rights enforcement suits before the court to challenge the decision of the EFCC to seize his houses.
Ruling on an ex parte application filed along with the substantive suit by Saraki, Justice Taiwo Taiwo, on Tuesday ordered the anti-corruption body and the other five respondents to the suit to stay action on the probe pending the hearing and determination of the motion on notice filed by the applicant.
The judge made the order after hearing Saraki’s lawyer Sunday Onubi, who moved the application.
The six respondents to the suit affected by the restraining order are the Attorney General of the Federation, Mr Abubakar Malami (SAN), Department of State Services, Inspector-General of Police, Muhammed Adamu, EFCC, Independent Corrupt Practices and other related offences Commission and Code of Conduct Tribunal.
In a ruling delivered by the judge on returning to the courtroom after taking about 45 minutes to prepare it in his chambers, the court likened the restraining order issued on Tuesday to an order directing the parties to the suit to maintain the status quo in respect of the probe.
Ordering them to suspend the probe, Justice Taiwo said he granted Saraki’s prayers to avert a situation where the court would be faced with a situation of fait accompli.
He added that granting the order was in line with a settled principled of law that once a suit was filed, all parties to it must refrain from taking any action capable of rendering the suit nugatory.
According to him, the order amounts to an order directing the parties to maintain the status quo.
He added that the law allows such an application to be granted in a situation where the applicant would likely face “hardship” between the time of serving processes in the suit on the respondents and hearing and determination of the suit.
He ruled, “There is no doubt that the Fundamental Rights Enforcement Procedure Rules 2009 is a special proceeding with its stated rules and procedure.
“By the provision of Order 4(3) of the Fundamental Rights Civil Procedure Rules, 2009, the court may, if satisfied that the applicant may be caused hardship before the service of an application where liberty or life of the applicant is involved hear the application ex parte upon such interim reliefs as the justice of the application may demand.
“There is no doubt that in making the interim reliefs or orders, the court is guided even in its exercise of its discretion judicially and judiciously applied by the law and statues.
“Here comes in the rules and of course Constitution of the Federal Republic of Nigeria.”
He added, “I am of the view, after due consideration of the aforesaid averment, that this court ought to make the order being sought by the applicant pending the hearing and determination of the originating motion on notice.
“To do otherwise and not to restrain the respondents by asking them not to stay action will result in the court being faced with a fait accompli.”
The judge made the same set of orders in the two separate suits marked FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019, filed by Saraki, which were separately argued and ruled upon on Tuesday.
Justice Taiwo then directed the applicant to serve the court processes on the six respondents who he also directed to file their response within five days of being served.
He adjourned further hearing till May 23, 2019 when the respondents will have an opportunity to challenge the ex parte order by arguing their objection to Saraki’s motion on notice.
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Headlines
Senate Approves Tinubu’s ₦1.77trn Loan Request
The Senate has granted approval to the ₦1.77 trillion ($2.2b) loan request of President Bola Tinubu after a voice vote in favor of the request.
The Senate presided by Deputy Senate President, Barau Jibrin, approved the loan after the Senate Committee on Local and Foreign Debts chaired by Senator Wammako Magatarkada (APC, Sokoto North) presented the report of the committee.
The request which was submitted by the President on Tuesday is part of a fresh external borrowing plan to partially finance the N9.7 trillion budget deficit for the 2024 fiscal year.
Tinubu had on Tuesday written to the National Assembly, seeking approval of a fresh N1.767 trillion, the equivalent of $2.209 billion as a new external borrowing plan in the 2024 Appropriation Act.
The fresh loan is expected to stretch the amount spent on debt servicing by the Federal Government. The Central Bank of Nigeria recently said that it cost the Federal Government $3.58 billion to service foreign debt in the first nine months of 2024.
The CBN report on international payment statistics showed that the amount represents a 39.77 per cent increase from the $2.56bn spent during the same period in 2023.
According to the report, while the highest monthly debt servicing payment in 2024 occurred in May, amounting to $854.37m, the highest monthly expenditure in 2023 was $641.70m, recorded in July.
The trend in foreign debt servicing by the CBN highlights the rising cost of debt obligations by Nigeria.
Further breakdown of international debt figures showed that in January 2024, debt servicing costs surged by 398.89 per cent, rising to $560.52m from $112.35m in January 2023. February, however, saw a slight decline of 1.84 per cent, with payments reducing from $288.54m in 2023 to $283.22m in 2024.
March recorded a 31.04 per cent drop in payments, falling to $276.17m from $400.47m in the same period last year. April saw a significant rise of 131.77 per cent, with $215.20m paid in 2024 compared to $92.85m in 2023.
The highest debt servicing payment occurred in May 2024, when $854.37m was spent, reflecting a 286.52 per cent increase compared to $221.05m in May 2023. June, on the other hand, saw a 6.51 per cent decline, with $50.82m paid in 2024, down from $54.36m in 2023.
July 2024 recorded a 15.48 per cent reduction, with payments dropping to $542.50m from $641.70m in July 2023. In August, there was another decline of 9.69 per cent, as $279.95m was paid compared to $309.96m in 2023. However, September 2024 saw a 17.49 per cent increase, with payments rising to $515.81m from $439.06m in the same month last year.
Given rising exchange rates, the data raises concerns about the growing pressure of Nigeria’s foreign debt obligations.
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Simon Ekpa Arrested, Sent to Prison on Terrorist Propaganda Charges
Self acclaimed leader of the Indigenous People of Biafra (IPOB), Simon Ekpa, has been arrested by law enforcement in Finland.
The BBC reports that Ekpa was subsequently sent to prison by the district court of Päijät-Häme for “spreading terrorist propaganda on social media”.
Ekpa was said to have committed the crime in 2021 in Lahti municipality.
The Finnish National Bureau of Investigation (NBI) also arrested four other men over alleged terrorist offences.
A citizen of Finland and Nigeria, Ekpa has described himself as leader of the separatist IPOB group since Nnamdi Kanu’s incarceration.
Finnish police say Ekpa’s activities and social media rhetoric may have fanned the flames of violence in the south-east of Nigeria.
“He carries out these activities from his social media channels, for example,” said Otto Hiltunen, detective chief inspector of the NBI.
In February 2023, Ekpa was arrested by police at his residence in Lahti but was released after hours of questioning.
Using his social media channels, Ekpa had directed Igbos not to participate in Nigeria’s 2023 general election.
In September 2021, the Biafra agitator and secessionist denounced Nigeria and vowed to return the medal he won for the country at the 2003 African Junior Athletics Championships.
Headlines
Court Sacks MC Oluomo As NURTW National President
The Court of Appeal has sacked Musiliu Akinsanya aka MC Oluomo as the National President of the National Union of Road Transport Workers (NURTW).
In a ruling that upheld the earlier judgment of the National Industrial Court, the appellate court sacked MC Oluomo and reaffirmed Tajudeen Baruwa as the legitimate leader of the union.
Baruwa had assumed office after a properly conducted election held at the union’s headquarters in Abuja.
The three-member panel of the Appeal Court dismissed the appeal filed by MC Oluomo’s faction, declaring it devoid of merit.
In addition, the court imposed a fine of N100,000 on the appellants, further solidifying Baruwa’s leadership position.
Reports quoting court documents said to have been released on Friday detailed the ruling, which effectively countered any attempts to displace Baruwa from his role as the NURTW president.
The judgment read: “This is an appeal against the judgment/decision of the National Industrial Court Sitting in Abuja, in Suit No. NICN/ABJ/263/2023, delivered on the 11th March, 2024, by Justice O. O. Oyewumi.
“Upon reading the Record of Appeal compiled and transmitted before this court, together with the respective briefs of argument, and after hearing the counsels for the appellants and respondents, it is hereby ordered that:
“This Appeal is devoid of merit, and the same is hereby dismissed.”
The ruling reinforces the legitimacy of Baruwa’s presidency, concluding the legal dispute over the union’s leadership.
Meanwhile, MC Oluomo’s son Idowu Akinsanya (King West) had bragged about his feat of emerging the NURTW president, saying: “We are now in charge of Nigeria, not only Lagos,” a comment that attracted public opprobrium.
MC Oluomo, a diehard supporter of President Bola Tinubu and a prominent figure in Lagos politics, was the sole candidate in the election, which took place at the union’s zonal secretariat in Osogbo. His perceived victory was deemed to carry significant implications for the future of the NURTW and the political landscape of Nigeria.