Connect with us

News and Report

Ekweremadu’s 40, and the colour of Nigerian justice

Published

on

Focus on the electoral contest next month may have shifted it off the front burner. Still, Nigerians should pay keen interest regarding the jail and indefinite detention of former Deputy Senate President Ike Ekweremadu by a London Court. The many issues involved in the matter are unfolding daily and concerning the citizenship of Nigerians, the role of the sovereign, rights and responsibilities and how government agencies function.

British authorities arrested Ekweremadu in mid-2022 for alleged intention to harvest the organ of a young man as a donation to save his daughter’s life. The young man agreed with the Ekweremadus on the missiqon but turned against them in London. He claimed to be a minor. Facts on the ground so far show that he lied brazenly.

Curiously, the London High Court refused Ekweremadu bail. The Economic and Financial Crimes Commission of Nigeria was the instigator that wrote to the court not to allow Ekweremadu out on bail for a bailable offence. EFCC then got an interim forfeiture order from Mr Justice Inyang Ekwo at an Abuja High Court seeking to seize forty (40) properties it insinuated Ekweremadu acquired illegally and corruptly.

Mr Justice Inyang Ekwo of the Abuja High Court granted the exparte order in November 2022. On Friday, 20 January 2023, he cancelled the interim forfeiture order granted against Ekweremadu on the 40 landed properties. Mr Justice Ekwo discovered that EFCC obtained the order fraudulently by concealing information. Ekwo said EFCC knew Ekweremadu was in lawful custody in the United Kingdom but failed to make the vital information available to the court.

Mr Justice Inyang Ekwo agreed with Ekweremadu’s counsel Chief Adegboyega Awomolo that Ekweremadu could not possibly defend his alleged ownership of the properties while in detention in the UK.

Justice Inyang Eko stated, “I have been asking myself the question repeatedly: How can a citizen of Nigeria who is incarcerated outside the country, to the respondent’s knowledge, be expected to show cause in action in Nigeria brought by the respondent?

“How do you help tie down a man and initiate a fight and demand that the same man you helped tie down must defend himself?”

We tackled this subject in November 2022. The Public Sphere declared that “the EFCC has failed to prove illegality. The Nigerian state has deployed underhand tactics. EFCC got a court declaration by sleight of hand after previous failures in the normal court process to indict Ekweremadu”.

Now the court has affirmed my layman’s verdict. Justice Ekwo added, “I do not think that the desired objective of the legislature in enacting the provision of Section 17 of the Advance Fee Fraud and Other Related Offences Act (AFFOROA), 2006 relied upon by the respondent (EFCC) in initiating the proceeding to obtain an ex parte order of interim forfeiture order was for the provision to be used in any circumstance where the person affected is not in a position to defend himself or show cause as required.

He disagreed with the EFCC’s argument to force the matter.

“I do not think that this position is correct. The requirement to file an affidavit to show cause, under S. 17 of the AFFOROA, 2006, will hold strong in a normal situation where the person required to do so is not fettered by any act, condition or situation that amounts to a deprivation of the right to show cause as required by law.

“This, in my opinion, is an unconscionable act. The respondent’s act shows that this action was brought in bad faith. In law, bad faith entails dishonesty of belief or purpose”.

The court noted the existence of other claimants to the 40 properties EFCC alleged belonged exclusively to Ekweremadu. They include the Anambra State government that filed a claim.

The honesty of Justice Inyang Ekwo is refreshing. He called out the EFCC for dishonesty, duplicity and bad faith, and the deceit angered him. Kudos to Justice Ekwo for showing that the colour of Nigerian justice is not only red.

There are more significant concerns about the treatment of Mr Ike Ekweremadu. Remember that Mr Ekweremadu is a ranking member of the Senate and was its Deputy President. What happens to ordinary folks if Nigeria can throw such an influential citizen to the dogs? Who has such a bitter issue with Mr Ekweremadu that requires disgracing Nigeria and ignoring all consular protocols? What kind of state is Nigeria if high-ranking citizens cannot get assistance from home in their trials outside our shores, not to mention ordinary citizens?

The Nigerian state is enjoined to protect citizens, maintain law and order, protect the fundamental human rights of citizens and maintain external relations that provides cover for citizens wherever they are in the world. It is not within contemplation that state organs such as the EFCC would load the dice against citizens and go out to bend justice to serve nefarious purposes. Indeed, state organs must observe the insurance rule of The Neighbour Principle. Developed by Lord Atkin, the Neighbour Principle stipulates a duty of care. “The principle is that one must take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to injure one’s neighbour. A neighbour is someone who was so closely and directly affected by the act that one ought to have them in contemplation as being so affected when directing one’s mind to the acts or omissions in question,” according to the Law Dictionary.

Even in the pursuit of its core duty of maintenance of law and order, state organs have a duty of care to citizens and must observe the neighbour principle. EFCC fell far short in the Ekweremadu matter. They should remedy their misbehaviour urgently.

 

By: Chido Nwakanma

News and Report

Christmas, Cash Scarcity and Attacks against CBN’s Proactive Stance – Toni Kan

Published

on

By

 

Let us look at a few figures……..

Nigeria’s population is put at a little over 200 million people while the UK population is about 68 million. This means that the Nigerian population is about three (3) times that of the UK.

As at June 2023, the UK banking system had about 49,421 Automatic Teller Machines and almost 2.3 million Point of Sales Terminals.

By contrast, the Nigerian banking system had a little over 22,600 ATMS according to TechCabal and is projected to reach 29,000 by 2029 according to Statista. Conversely, Nigeria boasted 1,665,664 POS terminals as at December 2022. Meanwhile, figures attributed to Inlaks, which is described as Nigeria’s biggest ATM operator, suggest that Nigeria needs at least 60,000 ATM machines to serve its population of over 200 million.

Where is all this going? Well to borrow a phrase from the comedian, Jeff Foxworthy; hold my beer, sir!

Those who know me well know what my favourite Igbo proverb is. It goes something like this in translation – “the disease that gives you warning, does not kill you!” It is a proverb that underlines the imperative of proactivity, what the Igbo people might call igba mbo.

So, I was really pleased when I read that the Central Bank of Nigeria (CBN) was taking a proactive step to ensure that there is no cash scarcity this Christmas.

Nigerians love cash and that love can become obsessive and reach fever pitch at festive periods. Have you been to Abeokuta during Ojude Oba? Or to Kano during the Durbar? Or Onitsha during Ofala? Those are regional festivities. So, you can imagine what happens at Christmas!

All efforts at driving a cashless policy and economy seem to collapse when festivities come around the corner and this year, the CBN was quick to take proactive action weeks before the festivities reach fever pitch. But the apex bank’s interventions seem to be having unintended consequences even though as at the time of writing this, the apex bank had put out three (3) different circulars and one press release around the issue.

First, is a not-so-surprising pushback from the banks and then a seeming lack of understanding by the general public no thanks to rampant mis-information.

The issue of cash scarcity around the Christmas period worsened under the sway of Godwin Emefiele at the CBN. The fall-out from the disastrous naira redesign he superintended over at the apex bank continues to haunt our banking vaults but Olayemi Cardoso and team are focused on making sure we turn that dark corner.

Let us begin with the first circular dated November 29, 2024: “Cash Availability Over the Counter in Deposit Money Banks (DMBs) and Automated Teller Machines (ATMs).” The circular had two sections: DMBs were directed to ensure efficient cash disbursement to customers Over the Counter (OTC) with the CBN insisting that it will enforce the directive and ensure compliance.

Secondly, members of the general public were encouraged to report instances where they are unable to get cash Over the Counter or through ATMs. The CBN ended with a list of 37 email addresses and phone numbers across the 36 states and FCT for reporting issues.

On paper, it looked like Nigerians and the cash worries were all sorted this Christmas but it didn’t take time for the expected pushback to occur. News reports began to circulate of long queues at banks and of ATMs struggling to dispense more than N10,000. “NAN reports that long queues have emerged at ATM stands around the city as residents struggle to have access to cash…Meanwhile POS operators are currently taking advantage of the situation to demand exorbitant charges on transactions.”

While Nigerians were still trying to make sense of the reason behind the long queues, another report had an official of the Association of Senior Staff of Banks, Insurance, and Financial Institutions (ASBIFI) pointing fingers. According to the report, “ASSBIFI President, Olusoji Oluwole, told the Punch that “Banks have only two sources of cash: the CBN and retailers. The CBN has not met banks’ demands, and retailers often sell cash for profit, making it harder for banks to access funds.”

As if in response to the charge, the apex bank responded “with their full chest” as we say on social media with a December 13, 2024 circular – Updated Penalty on Inappropriate Cash Disbursement Practices by Deposit Money Banks (DMBs) in which it condemned the “illicit flow of mint banknotes to currency hawkers and other unscrupulous economic agents that commodify naira bank notes thus impeding efficient and effective cash distribution to banks’ customers and general public.”

Giving bite to the circular the CBN said any bank found culpable of “facilitating, aiding or abetting, by direct actions or inactions, illicit flow of mint banknotes” would be fined N150m and then hit with the full weight of the relevant provisions of BOFIA 2020.

This time no pointing fingers were seen but the CBN was not done. Eager to completely squelch rumours around “the validity or lack thereof of the old ₦1000, ₦500, and ₦200 banknotes” the refusal of which was contributing to the long queues, the CBN issued a press release shutting it down: “The Central Bank of Nigeria (CBN) has observed the misinformation regarding the validity of the old ₦1000, ₦500, and ₦200 banknotes currently in circulation….the CBN wishes to reiterate that the subsisting Supreme Court ruling granted on November 29, 2023, permits the concurrent circulation of all versions of the ₦1000, ₦500, and ₦200 denominations of the Naira indefinitely.”

The third circular from the CBN which it said was in line with its “ongoing efforts to advance a cash-less economy” seems to have hit a raw nerve among Nigerians who, as we have already noted, love their cash even though it is now an offence to spray the naira.

News outlets also seemed to also get it wrong. The CBN circular of December 17, 2024 did not put a limit on how much cash you and I can withdraw from banks. The limits imposed in the circular titled – CIRCULAR ON CASH-OUT LIMITS FOR AGENT BANKING TRANSACTIONS – are “for agency banking operations” and as reported by TheCable is among interventions intended to address “identified challenges, combat fraud and establish uniform operational standards across the industry.”

Now, can I have my beer back as I attempt to outline how easily well-intentioned policies are rubbished by that euphemistically named malady known as the “Nigerian factor”.

The ASBIFI official was quick to point fingers even though simple logic can show that Over the Counter cash scarcity and at ATMs has little to do with the CBN or its cash distribution operations but with our Nigerian any-how-ness.

Let’s consider this. How is it that banks cannot fill up 22,600 ATMS, most of which are within or in close proximity to their branches but can afford to give cash to 1.6m PS operators? Doesn’t this seem to suggest that someone is out to make sure that the ATMs don’t have cash while the PoS operators continue to make a killing?

And why does it seem right that Nigerians should continue to pay between N250 and N400 per N10,000 withdrawals to PoS operators when ATM charges are far lower at N35 and only after you have made multiple withdrawals from other bank ATMs?

Oh, bankers have said ATMs are difficult to maintain on account of several factors and this takes us back to the figures we shared from the UK. Of the 49,421 ATMs in the UK, “78% were free to use” during the period under reference. So, why do we always talk about maintenance when it comes to Nigeria? Imagine if we paid N10 per ATM transaction, wouldn’t that be better than paying N250 to a PoS operator for every N10,000 withdrawn?

And for context, in 2014, data on various e-payment channels indicated that Automated Teller Machines (ATMs) remained the most patronised payment mode in Nigeria accounting for 89.7% of all electronic transactions with PoS transactions accounting for just 4.58 per cent. Today, the reverse is the case and the question to ask remains; what changed? The answer has something to do with financial inclusion but that is a topic for another day.

As you ponder that poser, ask yourself why is it always difficult to get mint bank notes over the counter in the banks meanwhile, step into any event center and you will see some hawker waving bright new notes in your face. Surely, they don’t get those notes from the CBN.

When the CBN referenced the Supreme Court ruling granted on November 29, 2023 to the effect that the old notes are still legal tender, their X Formerly Twitter page was filled with bile. But what many are failing to contend with is that the current leadership is only trying to make sure the mess they inherited doesn’t get worse.

As we prepare for Christmas and the New Year the advice is simple; go to your bank and ask for your money or withdraw from the ATMs and if you suspect any funny business, email or call the hotlines provided by the CBN.

Say no to any-how-ness this yuletide.

 

Toni Kan is a PR expret and financial analyst.

 

 

 

Continue Reading

News and Report

Aviation Minister Leads Delta APC Leadership To National Chairman, Advocates Unity Ahead of 2027 Elections

Published

on

By

 

The Honourable Minister of Aviation and Aerospace Development, Olorogun Festus Keyamo SAN, today, led the leadership of the All Progressives Congress (APC) in Delta State, to the National Chairman of the APC, His Excellency Dr. Abdullahi Ganduje, at the APC National Headquarters in Abuja.

 

During the meeting, the Delta APC leaders briefed the National Chairman on the current state of the party in the state and the ongoing efforts to reconcile party members. They presented the report of the Reconciliation Committee, which has been approved by the Delta State APC State Working Committee (SWC) and earlier submitted to the National Chairman.

The delegation emphasized the importance of collaboration, stating that the era of a one-man leadership style in Delta APC is over. They reaffirmed their collective commitment to working as a united team to reposition the party and strengthen its prospects ahead of the 2027 general elections. This new direction was evident in the composition of the high-powered delegation that visited the National Chairman.

 

In his response, the National Chairman, Dr. Abdullahi Ganduje, commended the Delta APC leadership for their efforts to foster unity and ensure the party’s victory in future elections. He assured them of his commitment to work with Delta APC leaders, including those absent from the meeting, to build a united and formidable front. During the meeting, Dr. Ganduje also spoke with Delta State APC Chairman, Elder Omeni Sobotie, who was unavoidably absent due to health reasons, and wished him a swift recovery following his recent surgery.

 

The delegation to the meeting comprised prominent leaders of the Delta APC, including: Olorogun O’tega Emerhor, OON-Founding Leader of APC in Delta State,

Elder Godsday Orubebe- Former Minister,

Senator Ede Dafinone,

Senator Joel Thomas-Onowakpo,

Rev. Francis Waive- Member, House of Representatives and

Hon. Victor Ochei-former Speaker, Delta State House of Assembly.

The meeting was concluded with a renewed sense of purpose among the Delta APC leaders and a shared commitment to repositioning the party for electoral success in 2027.

 

 

Continue Reading

News and Report

Just In: Alleged N110.4billion Money Laundering: Yahaya Bello Begs Court: Spare me Landed Property in Maitama for Bail.

Published

on

By

 

A former governor of Kogi State, Mr. Yahaya Bello has pleaded with Justice Maryann Anenih of the Federal High Court sitting in Abuja to spare him the possession of a landed property in the Maitama district of Abuja as one of the conditions for bail.

 

Details later…

Continue Reading

Trending