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Court orders CBN to pay German N63.7m for wrongful arrest by NIS

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Federal High Court in Abuja has ordered the Central Bank of Nigeria, CBN, to pay a German, Martin Gegenheimer N63.7 million and $10,000 awarded against the Nigerian Government for his unlawful arrest and detention by the Nigerian Immigration Service, NIS.

In a ruling on Thursday, Justice Inyang Ekwo ordered the CBN to deduct the amount from Federal Government’s funds in its custody to settle the debt which arose from a 2021 judgment given against Nigeria by the Court of Justice of the Economic Community of West African States, ECOWAS.

Justice Ekwo rejected CBN’s claim that the Federal Government’s foreign exchange accounts are currently in deficit, thereby making it impossible to pay the entire judgment sum.

The ruling was on a garnishee proceeding, marked: FHC/ABJ/NJR/M/3/2022 filed and prosecuted for Gegenheimer by his lawyer, Daniel Makolo, to enforce the judgment of the ECOWAS Court delivered on March 4, 2021.

Justice Ekwo agreed with Makolo that, as against the contention by the CBN, ECOWAS Court’s judgments do not qualify as foreign judgement in the strict sense of it and could be enforced by Nigerian courts.

The judge said: “Upon a keen perusal of the provisions of the Foreign Judgments Reciprocal Enforcement (FJRE) Act 2004 it cannot be said that the judgement sought to be enforced in this case, is stricto sensu (in the strict sense) a foreign judgement.

“I agree with the learned counsel for the judgement creditor (Makolo) that, by Article 15 of the Reviewed Treaty of ECOWAS, and Article 24 of the 2005 Supplementary Protocol (which amended the 1991 Protocol), the judgement of ECOWAS Court can be registered and enforced in Nigeria by this court without referring to it as a foreign judgement, in the same manner that the judgement of any other court in Nigeria can be registered and enforced in this court.”

Justice Ekwo proceeded to make absolute, the garnishee order nisi he earlier issued against the CBN.

The German, who said he visited Nigeria on a business trip, stated that while returning to Kenya on 23rd February 2020, he was stopped by men of the Nigerian Immigration Service at the boarding gate of the Kenya Airways aircraft after all necessary departure formalities were completed.

He said the NIS officials arrested him, seized his passport and detained him in a jam-packed detention cell between February 23, 2020 and March 4, 2020, despite the COVID-19 protocol and without acceptable food as well as medical care.

He subsequently challenged his arrest and detention before the ECOWAS Court, in a suit marked: ECW/CCJ/APP/23/2020.

In the March 4, 2021 judgment, a three-member panel of the sub-regional court, presided over by the court’s President, Justice Edward Amoako Asante, declared Gegenheimer’s arrest and detention illegal.

The court ordered the Nigerian Government to pay him N53,650,925 as special damages for various losses suffered and costs incurred while under unlawful arrest and detention by the NIS.

The costs, the court said, relate mainly to hotel expenses incurred by the German while under forced detention by agents of the Nigerian Government.

The court further ordered the Nigerian Government to pay him another N10 million in general damages as reparation for all violations and moral prejudice suffered for the violation of his rights, and additional $10,000 being the expenditure incurred by the applicant to secure his bail.

The ECOWAS Court equally ordered the Nigerian Government to remove the German from its watch list and to immediately and unconditionally release his German passport, which was “arbitrarily and unlawfully” seized by agents of the Nigerian Government.

Crime

Evans, co-defendant opt for plea bargain in murder, kidnapping case

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Convicted billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans, and his co-defendant, Joseph Emeka, have chosen to pursue a plea bargain in their ongoing trial for murder and attempted kidnapping.

This development was revealed on Thursday when the case came up for re-arraignment before Justice Adenike Coker of an Ikeja High Court.

The state lead counsel, Yusuf Sule, informed the court that the defendants had applied for a plea bargain, and the terms were being considered by the Attorney-General of Lagos State, Lawal Pedro.

The defendants were initially scheduled to be re-arraigned on an amended five-count charge bordering on murder, attempt to murder, conspiracy to commit felony, kidnapping, and attempt to murder.

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Crime

We’re on the hunt 24/7 — EFCC declares war on fraudsters

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The Economic and Financial Crimes Commission, EFCC, has warned fraudsters, declaring that it is ‘on the hunt’ for them 24 hours a day, 7 days a week.

The Executive Chairman of the anti-graft agency, Ola Olukoyede, issued this warning, while speaking at the commissioning of the EFCC’s new radio station, 97.3FM on Thursday in Abuja, vowing that the agency will leave no stone unturned in its quest to track down and bring to justice all those involved in corrupt practices.

Olukoyede cautioned that the EFCC will not rest to fight corruption, stressing that the agency is now more determined than ever to rid the country of the scourge of corruption.

“We are getting stronger for the fight, and there will be no hiding place for fraudsters as EFCC will get them anywhere, anytime,” he declared.

The EFCC chairman’s warning came on the heels of the agency’s recent successes in prosecuting high-profile suspects and recovering billions of naira in looted funds.

The commission’s new radio station, which was inaugurated by the Minister of Information and National Orientation, Mohammed Idris, is part of the EFCC’s strategy to engage with the public and mobilize support for its activities.

According to him, the station will provide a platform for the EFCC to share information, educate the public on the dangers of corruption, and receive feedback from Nigerians on its activities.

He said, “The journey to this epochal event commenced as far back as 2003, when the idea of establishing a radio station was first mooted under the leadership of one of my predecessors, Mallam Nuhu Ribadu.

“For us in the EFCC, owning a radio station is not a status symbol, but an important organ of mobilization against graft where communication and public engagement have the same impact and depth as our operational activities. With our own radio station, we are in a better position to tell our stories, factually, ungarnished and unspun.”

On his part, the Minister of Information and National Orientation, Mohammed Idris, commended the EFCC for its efforts in combating corruption and urged the agency to continue its good work.

The Minister also charged the management and staff of the new radio station to operate in line with the principles and ethics of broadcasting and journalism.

He said, “As a public-facing agency, it is indeed very important for the Economic and Financial Crimes Commission (EFCC) to be deliberate and strategic about shaping the narratives around the all-important war being waged against corruption in our country.

“The Ministry of Information and National Orientation is resolute in restoring trust in public communication and amplifying the policies and programmes of the Federal Government. This is in line with the first two agendas of the ministry.”

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Crime

Delta Police arrest three kidnap suspects, foreigner

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By Adeyanju Esther

The Police Command in Delta has arrested three kidnap suspects including a foreigner over kidnapping incidents in the state.

The command‘s spokesman, SP Bright Edafe said to journalists on Thursday in Warri that the suspects were arrested on Saturday and Sunday at their hideouts in Warri.

Edafe said the suspects were arrested by the combined team of police operatives attached to the Orerokpe division, and operatives from the Force Intelligence Unit, Abuja.

Some kidnapping incidents in the Warri axis revealed that it is being carried out by Yakubu Ya’u at Oha and Ughwagba Communities in Okpe Local Government Area.

“The suspect and his gang kidnap unsuspecting residents for ransom.

“On May 11, following combined effort from police operatives of the command and operatives from the Force Intelligence Unit, Abuja on the hideout of the suspect.

“The DPO, Orerokpe division immediately mobilised and led his patrol teams to the suspect’s hideout in Warri, and after a painstaking search, he was arrested,” he said.

Edafe said that preliminary investigation and interrogation of the suspect led to the arrest of two other key members of the gang which included a Cameroon national on Sunday.

He alleged that the suspects were responsible for the several kidnap incidents in Orerokpe, Sapele, Warri, and environs, adding that the victims had equally identified them.

Edafe said the suspects led the police detectives to Ughwagba Community in Okpe Local Government Area, where two Automatic pump action guns, a live Cartridge, and one knife were recovered.

He said that preliminary investigations were ongoing, adding that the command has intensified efforts to arrest the other fleeing members of the gang.

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