The former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, has appealed to the Federal High Court in Abuja to order for the release of his international passport to enable him travel abroad for medical attention.
The former PDP spokesman, in his application moved by his counsel, Emeka Etiaba,  prayed the trial Judge, Justice Okon Abang to grant him leave to travel abroad on health reasons.
Metuh, who is facing a seven-count charge before the court, had earlier been granted a N400 million bail by the court.
Other bail condition, according to Justice Abang, was for Metuh to provide two sureties with N200 million each. The sureties, the court held, must have properties in Maitama district of Abuja.
The court also ordered the former PDP spokesman to submit his international passport to the Registrar of the court as part of the conditions for his bail.
Appealing, in an application for the release of Metuh’s travel document today, Wednesday, his counsel told the court that the instant application was different from the two previous ones, which the court had heard and ruled on.
He drew the attention of the court to Exhibit three attached to the application, which is a letter dated February 14, 2018 addressed to Dr. Raymond Onwuelo by Mr. Andrean T. H. Kessy, a Neurological and Spinal Surgery Consultant in London, stating detailed health status of Metuh.
According to Etiaba, the surgery on Metuh will take about ten days and requires five weeks to heal, and added that, “Even when a defendant, in a trial as this, is due for a routine medical check up, that ordinarily will grant an application such as this, but we have gone beyond that to show why the court should grant the application.
“We have asked the prosecution to make available health personnel to evaluate the heath status of the first defendant in this matter, to show our sincerity in our application for him to travel abroad on medical grounds”, he told the court.
In his submission, counsel to the second defendant, Destra Investments Limited, allegedly owned by Metuh, Tochukwu Onwugbufor,  said that the application deals with the exercise of the court’s discretion.
He said the granting of the application by the court will speed up the trial as Metuh will have no reason to be absent from court for his trial.
The prosecution counsel, Sylvanus Tahir, while opposing the application submitted that the defence have failed to place sufficient materials before the court to warrant it exercise it’s discretion on the application.
He said that all the exhibits the defence attached to support the affidavit are un-convincing and that none qualify as a medical report to warrant a critical look by the court to see the defendant’s complaints of ill-health.
Tahir therefore asked the court to dismiss the application for lacking in merit and consider it as an abuse of court’s process.
The former PDP spokesman, who is facing trial alongside his firm, Destra Investment Limited was alleged to have received N400 million from the Office of the National Security Adviser (ONSA), prior to the 2015 presidential election.
EFCC told the court that the N400 million, released to the defendants by the erstwhile NSA, Col. Sambo Dasuki, (rtd),‎ ‎was part of the $2.1 billion earmarked for the purchase of arms to prosecute the war against insurgency in the North Eastern part of the country.
The anti-graft agency said the fund was electronically wired from an account ONSA operated with the Central Bank of Nigeria (CBN) to Metuh, via account No. 0040437573, which his firm operated with Diamond Bank Plc. [myad]

Justice Ahmed Mohammed of the Federal High Court Abuja, today, Wednesday gave an order restraining the National Assembly from taking steps to pass into law the Electoral Amendment Bill, 2018.
Justice Mohammed, who granted the preservative order specifically, ordered the defendants to maintain status quo ante belum pending the next adjourned date fixed for March 20.
Justice Mohammed gave the order while delivering ruling on an oral application for preservative order brought by the plaintiff (Accord Party) seeking the court’s intervention on the matter.
The judge ruled that there was need to preserve the rest of the matter.
“In view of the provisions of section 58, subsection 5 of the 1999 constitution which empowers the National Assembly to veto the president withholding of his assent by a two-third majority votes, the court is simply to preserve the rest in other to safeguard the integrity of the court and the sanctity of the judiciary under section 6 (6) of the 1999 constitution.
“The parties are therefore ordered to maintain status quo ante belum between now and the next adjourned date. Hearing notice are to be served on the second defendant who is absent in court.”
In the motion filed pursuant to order 26, rules 1,2$3 and order 18, rule 1 of the Federal High Court, the plaintiff prayed for an interlocutory injunction restraining the President of the Federal Republic of Nigeria from assenting to the Electoral Act amendment bill, 2018 as passed by the first defendant, pending the final determination of the substantive originating summons.
Secondly, the plaintiff had sought a further order of interlocutory injunction restraining the 1st defendant (National Assembly) from taking any further action or actions on the bill titled, ‘Electoral Act amendment bill, 2018, particularly, to convene to pass the said bill by two-third majority of each of its two Chambers, pending the final determination of the substantive originating summons.I am
In the Originating Summons marked FHC/ABJ/CS/232/2018, the plaintiff 8 issues for determination by the court, including : Having regards to the combined provisions of sections 79,116,118,132,153,160(1) and 178 of the 1999 constitution as amended, the constitution read together with paragraph 15(a) of the third schedule to the same constitution, whether the 3rd defendant ( Independent National Electoral Commission) is not the only institution or body constitutionally vested with the powers and vires to organized, undertake and supervised elections to the offices of the president, the vice president of the federal republic of Nigeria, the Governor and deputy governor of a state, the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation, including fixing the sequence and dates of the elections to the said offices?
Considering the combined provisions of sections 79,116,118,132,153,160(1) and 178 of the 1999 constitution as amended, the constitution read together with paragraph 15(a) of the third schedule to the same constitution, whether the 1st defendant (National Assembly) possesses the powers ans vires to propose any bill or pass any bill into an Act which directs or purport to direct, mandates, or purport to mandate, dictates or purport to dictate to the 3rd defendant to follow a particular sequence in the organization and conduct of elections to the offices of President and vice president,  the Governor and deputy governor of a state, the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation?
Whether having regard to the exercise by the 3rd defendant of its powers and in furtherance of its function and duty to organize, undertake and supervise all elections to the offices of the
President and vice president, the Governor and deputy governor of a state, the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation, as prescribed by sections 76(1), 116(1), 132(1), 153(1)(f) and 178(1) and sections 25 and 30 of the Electoral Act, 2010 and having come out with or announced a schedule or time table for 2019, general election, the 1st defendant can later make a law to re-order, or prescribed a schedule inconsistent with the schedule or order earlier on made by the 3rd defendant under legislation which were at the time of the exercise valid and extant ? [myad]

Justice Gabriel Kolawole of the Federal High Court, Abuja has withdrawn from the prosecution of an alleged $3.1 billion corruption case against the former National Security Adviser (NSA), retired Colonel Sambo Dasuki, by the the Economic and Financial crimes Commission (EFCC), complaining of frustration by counsel to the anti graft agency.

The Judge accused the EFCC of attempting to take over control of court and therefore, returned the case file to the Chief Judge of the Court, Justice Abdul Adamu Kafarati for re-assignment to another court.
The trial involving a serving Colonel in the Nigerian Army, Nicholas Ashinze and five others ran into storm during the cross examination of an EFCC operative, Hassan Sheidu.
Counsel to Army Officer, Ernest Nwoye had asked the EFCC operative who conducted investigation into the case to confirm to the court, if the name of Nicholas Ashinze appeared in any of the transactions relating to the N3.1B water project contract and which he answered negatively.
Nwoye also asked the EFCC witness to confirm to the court whether the contract was initiated by the office of the National Security Adviser where the Army Officer served or the Federal Ministry of Water Resources and which he answered in favor of the latter.
Trouble started when another question on whether the NSA office was responsible for payment of the contract and whether the office of Secretary to the Government of the Federation (SGF) and the Central Bank of Nigeria (CBN) which effected payment ever declared the water contract illegal or fraudulent and which he answered in the negative.
Nwoye then asked the EFCC witness to tell the court why the name of Nicholas Asinze was put on the charge sheet.
Counsel to EFCC Ofem Uket became uncomfortable with the cross examination and began interjecting into the proceedings persistently.
Efforts by the Judge and other lawyers that the cross examination be allowed unhindered were rebuffed as the counsel objected to virtually all the questions put to his witness.
In the face off that ensued, Justice Kolawole attempted to call EFCC to order but the effort yielded no fruitful result while other lawyers expressed bitterness on the issue.
The interjection got to the climax when the counsel openly challenged the court records which were severally read out to him by Judge to assuage his feelings.
However, when all effort to call the counsel to order to stop the interjection were rebuffed, Justice Kolawole informed the counsel to conduct himself in manners expected of a legal practitioner which still yet yielded no fruitful result.
At a point, the Judge said he could no longer condone the conduct of EFCC in the trial and announced his withdrawal from the case.
Justice Kolawole accused the anti-graft agency of frustrating his court and desperately seeking to take over control of the court from him against the normal practice.

He said that it was the duty of the court to allow a witness in a criminal trial to be cross examined with questions contemplated by law adding that the display of apprehension by EFCC was unjust and un-called for.

The Judge while lambasting the EFCC for taking the court, laws and the best practice for granted counseled the commission to always put its house in order before rushing to court for trial adding that Justice was not for a particular side.

He therefore opted out of the case and returned the file to the Chief Judge for re-assignment to another judge.

Justice Kolawole had on March 21, 2017 stopped the trial of the defendants in the case when the EFCC in a press statement quoted the court proceedings upside with claims that the defendants were indicted for N36B contract fraud and put on trial before the court.

The press statement which was widely published in the newspapers drew the anger of a Senior Advocate of Nigeria SAN, Mr. Paul Erokoro who insisted that the EFCC statement was capable of misleading the general public.

The senior lawyer drew the attention of the court to the 13 court charge against the defendants involving N3.1B and not N36B and demanded that the court call the EFCC to order in the media trial of the defendants.

EFCC counsel Mr. Ofem Uket had denied granting press interview but however admitted that the offending press statement emanated from the media unit of EFCC.

In his ruling then, Justice Kolawole condemned the EFCC for conducting two trial for the defendants in the media and his court.

The Judge said that it was wrong of the EFCC to have claimed that the defendants were indicted for N36B alleged fraud when such a bogus figure was not contained in the charge adding that such press statement will prejudice fair trial of the defendants.

The trial however, resumed when the offending newspaper publications were retracted by the EFCC and apologies tendered to the court.

Other defendants in the case are Sadiq Mohammed, a foreigner A.C Wolfang and a lawyer Mr. Edidion Edidion. [myad]

The Senate President, Dr. Bukola Saraki has made it clear to the Independent National Electoral Commission (INEC), that it had no power to go undermine the powers of the National Assembly in the amendment to the Electoral Act 2010.

Saraki, who warned the electoral body as he spoke at the opening of a public hearing on the bill seeking to establish the National Electoral Offences Commission, which was conducted by the Senate’s Joint Committee on INEC, Judiciary, Human Rights and Legal Matters, said that the controversial amendment to Section 25 of the Electoral Act, which seeks to re-order the sequence of elections during the 2019 elections is in order.

The senate President, who was represented by the Deputy Majority Leader, Senator Bala Ibn Na’Allah, Saraki, insisted the National Assembly reserved the powers to legislate over the electoral body and other agencies of government.

He said that lawmakers would not be involved in any legislation that would violate the constitution, adding: “of recent, there have been arguments on who has power to do what.”

“INEC should be cautious of who it is listening to. We would not sit anywhere this constitution will be violated. It is necessary we caution ourselves. We need this country, we love this country.”

Saraki lamented that some political aspirants and parties were already campaigning when INEC had yet to declare electioneering open.

“The Senate in particular would be very worried, if INEC begins to condone the actions of some political parties. You have not declared campaigns open, and some are already campaigning.” [myad]

President Muhammadu Buhari has returned the amendment of the electoral forwarded passed by the Senate to the National Assembly with a proviso that he would not assent to illegality.

In a letter that accompanied the returned unsigned bill, which was ready by the Senate President, Bukola Saraki, Buhari said: “pursuant to Section 58(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), I hereby convey to the Senate, my decision, on 3rd March 2018, to decline Presidential Assent to the Electoral Amendment Bill 2018 recently passed by the National Assembly.

“Some of my reasons include the following:

1. The amendment to the sequence of elections in Section 25 of the principal act, may infringe upon the constitutionally guaranteed discretion of the Independent National Electoral Commission (INEC) to organize, undertake and supervise elections provided in Section 15(A) of the third statue to the Constitution;
2. The amend to Section 138 of the principal act to delete two crucial grounds upon which an election may be challenged by candidates, unduly limits the rights of candidates in elections to a free and fair electoral review process;
3. The amendment to Section 152 Subsection 325 of the Principal Act may raise Constitutional issues over the competence of the National Assembly to legislate over local government elections.” [myad]

President Muhammadu Buhari has sacked retired Brigadier-General Paul Boroh as Coordinator of the Presidential Amnesty Programme for former Niger Delta militants and ordered that his tenure should be probed.

A statement by the special adviser to the President on media and publicity, Femi Adesina today, Tuesday, said that the President had directed the National Security Adviser (NSA) to carry out a full investigation into the activities of the Amnesty Programme from 2015 to date.

Buhari wanted the NSA to pay particular attention to allegations of financial impropriety and other acts that are allegedly detrimental to the objectives of the Programme.

Meanwhile, the President approved the appointment of the Director of Research and Studies at the Nigerian Institute of International Affairs, Professor Charles Quaker Dokubo to replace the sacked Coordinator.

Professor Dokubo, according to the statement, he holds a PhD in Strategic Studies from the University of Bradford, United Kingdom, and hails from Abonema, Akuku-Toru Local Government of Rivers State. [myad]