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Clarification On Bench Warrant Issued Against Aig Mbu Joseph Mbu (rtd.) Charge No. Hc/40c/2021



Clarification On Bench Warrant Issued Against Aig Mbu Joseph Mbu (rtd.) Charge No. Hc/40c/202
The facts behind the bench warrant issued against AIG Mbu have been clarified by his legal representative. Below are facts bordering on the controversial ‘bench warrant’
1. The alleged charge was not served on AIG Mbu Joseph Mbu.
2. That the prosecuting Counsel claimed to have served him through order of substituted service.
3. That AIG Mbu Joseph Mbu through his Lawyers filed a motion challenging the jurisdiction of the Court on two grounds –
4. That the Court lacks the territorial jurisdiction as the alleged offence occurred outside the territorial jurisdiction of High Court 6 Calabar.
5. The charge was not served on him and the said charge was inchoate.
6. That the trial court in its Ruling set aside the order of substituted service thereafter varied the order and directed that the charge be served on him through his Lawyer A. A. ANNAH Esq.
7. That AIG Mbu Joseph Mbu was dissatisfied with the court decision and immediately appealed to the Court of Appeal Calabar.
8. That his lawyers later filed a motion for stay of execution on such service on him pending the decision of the Court.
9. That the trial court ruled against him when the Prosecuting Counsel as well as the imaginary Complainant were absent from the court while the
10. Counsel for AIG Mbu Joseph Mbu was in Court; The Court went ahead to order for a Bench warrant against him suo motu without any application from the prosecution counsel.
12. That through his counsel on the same date filed a motion and to be precise on 2nd November, 2022 seeking the order of the same court be set aside its orders issuing Bench Warrant against him without first hearing him.
13. That he directed his Lawyers to apply for the Ruling and same was applied but the Ruling is yet to be issued to Lawyers to enable his Lawyers take further steps at the Court of Appeal.
14. That the said Appeal before the Court of Appeal has been entered with Appeal No. CA/C/3389/2022.
15. That the motion seeking the High Court of Cross River State to set aside the bench warrant has already been served on the Attorney General of Cross River State and the prosecuting Counsel accepted service on behalf of the state by named C. ADAMA Esq.
16 That the day the Bench Warrant was issued against AIG Mbu Joseph Mbu his interlocutary motion was already before the court to stay its orders of substituted service on him.
17. That by virtue of Section 263 (b) of Cross River State Administration of Criminal Justice Law 2016. A defendant shall be subject to the provisions of section 134 of this Law be present in court during the whole trial of his interlocutary application.
18. That Section 94 of Cross River State Administration of Criminal Justice Law 2016 permit a defendant raise Territorial Jurisdiction when attempt are made to try him outside the Territorial Jurisdiction where the said offence occurred as to this instant case.
19. That AIG Mbu Joseph Mbu is ever ready to comply with all the orders of the Court but wanted the Court to allow him exercise all the legal arsenals available to him to protect his right to fair hearing.
20. That he is only demanding that the alleged charge be served on him together with his cautionary statement as required by Law to enable him prepare for defence.
21. That he has already demanded same through his Lawyer but none have been served on him and that is why he has appealed against the decision of the Trial Court which is pending before Court of Appeal Calabar.
That AIG Mbu Joseph Mbu was never arraigned before the High Court of Cross River State; there is a different between arraignment and filing a charge before a court.
22. The issue before the Court of Appeal is also for the Court of Appeal to interpret the powers of Attorney General to investigate and prosecute.
23. That since the charge was filed against AIG Mbu Joseph Mbu the purported complainant has never appeared before the court up till the date the Court issued Bench Warrant against AIG Mbu Joseph Mbu.
24. That even the date the Bench Warrant was issued both the acclaimed Complainant and the Prosecuting Counsel were absent from court and no sanction were meted on either of them but AIG Mbu Joseph Mbu was represented by his Counsel.
25. That section 301 of Cross River Administration of Justice Law 2016 provides that when an issue of interpretation of the Constitution is referred to Court of Appeal for interpretation the lower Court is required to adjourn the trial of the case pending the interpretation of the provision of that constitution.
26. That the issue at the Court of Appeal Calabar borders on the jurisdiction of the Court to assume jurisdiction on the charge against AIG Mbu Joseph Mbu having lacks the jurisdiction to do so; as well, whether by sections 214 and 211 Constitution of federal Republic of Nigeria 1999 as amended, the powers of the Attorney General of Cross River State to prosecute criminal cases does not include investigation of criminal cases except the Nigeria police.
It’s also of importance to alert the public on the politics in this unveiling drama.
The first question is: who reported a case of murder against AIG Mbu and at which police Division? A case of murder is supposed to be transferred from the Division to the State CID. Where was his cautionary statement made or volunteered by me?
  • The second question is: why should a case of murder on 24th December, 2018 be charged to court in July, 2021

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Contempt: Again, court commits EFCC boss, Abdulrasheed Bawa, to prison



The Chairman of the Economic and Financial Crimes Commission, Abdulrasheed Bawa, has been committed to prison for allegedly disobeying court order.

The court also directed the Inspector-General of Police, Usman Baba, to effect Bawa’s arrest and remand him in Kuje prison for the next 14 days until he purges himself of the contempt.

Justice R.O. Ayoola of the Kogi State High Court, in his judgement on Monday, granted the application for committal to prison of the EFCC chairman for disobeying a court ruling delivered on November 30, 2022, wherein the EFCC chairman was directed to produce the applicant in the case, Ali Bello.

Ali Bello had dragged Bawa to court for arresting and detaining him illegally, with the court ruling in his favour, only for the EFCC to arraign him for alleged money laundering three days after the ruling.

The EFCC’s applications for setting aside and stay of execution of the ruling were refused for want of merit.

The Court had, in Form 49, Order IX, Rule 13, marked, “HCL/697M/2022” and titled, “Notice to Show Cause Why Order of Committal Should not be Made,” asked the EFCC Chairman to appear before it on January 18, 2022 to explain why he should not be jailed for flouting the order given on December 12, 2022 in a case filed by Ali Bello against the EFCC and Bawa, as the 1st and 2nd respondents, respectively.

The court ordered that the EFCC and Bawa be served the motion of notice together with Form 49 by substituted means.

The court had declared the arrest and detention of the applicant in the face of a subsisting court order made by a court of competent jurisdiction and without a warrant of arrest “or being informed of the offence for which he was arrested” as unlawful, unconstitutional, and in contravention of the personal liberty and dignity of human person guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The court had also ordered the respondents to tender an apology to the applicant in a national newspaper and awarded N10 million compensation for him.

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Court Jails Fidelity Bank MD, Onyeali-Ikpe, Bank’s Secretary.. (CTC documents attached)




A Chief Magistrate Court at Ogba, Lagos on Monday morning sentenced the Managing Director of Fidelity Bank, Nneka Chinwe Onyeali-Ikpe to six weeks imprisonment over disobedience of a garnishee order of court restraining the bank from allowing a judgment debtor access to his account.


Joined with the Managing Director to serve the imprisonment is the Company Secretary of the bank, Ezinwa Unuigboje.


Magistrate Lateef Owolabi gave the sentence sequel to a garnishee order he gave on December 6, 2022 asking 16 banks not to allow a judgment debtor, Prince Enabulele Ozaze access to his bank accounts pending the payment of N2.8 million judgment debt in suit involving the sale of a Toyota Corolla car.



In the main suit, Magistrate Owolabi had given judgment on October 13, 2022 in favour of the plaintiff, Jibrin Ahmed who sued the defendant over the payment of N2.8 million he made to the defendant for the purchase of a Toyota Corolla car. Magistrate Owolabi in the judgment said that the claim before the court is summons used in action for debt or liquidated money demand with or without interest. Liquidated demand, according to him, is one ascertainable as a matter of arithmetic precision without further investigation.

He then said: “I have examined the whole process filed by the claimant and hold that the claimant is entitled to judgment not necessarily because the defendant is absent, but because the claimant has made a case worthy of being entitled to judgment. The totalities of evidence presented are relevant and reliable”.


There magistrate thereafter entered judgment against the defendant in the sum of N2.8 million which is due to the claimant over the transaction that took place in July 2022.


In order to reap the fruit of the judgment, the claimant’s lawyer, Alayo Akanbi filed a garnishe proceeding before the court and attached 17 banks, and asked the court to stop the banks from allowing the defendant to draw money from his accounts with them pending the liquidation of the debt. The garnishe order was granted on December 6, 2022.


However, on January 25, 2023, the claimant, now judgment creditor deposed to an affidavit before the court where he showed that the garnishe order have been flouted by Fidelity bank. He showed instances of how the judgment debtor had been withdrawing funds from his account to the extent that he had depleted the funds in his account with Fidelity bank. He claimed that the judgment debtor has N3, 165, 759.05k in his account with Fidelity bank as at January 12, 2023 when the garnishe order was served on the bank.


By January 15, three days after service, the judgment debtor had withdrawn N725,547.80k from the account. The following day, January 16, 2023, another N251,305.90 was transferred out of the bank. On January 17, the legal officer of the bank Obianuju Nwosu confirmed service on the bank as at December 22, 2022 and further apologized for the transactions on the account.


On January 18, 2023, the court ordered that ordered that the Managing Director, and Company Secretary to appear in person before the court to explain why they should not be committed to prison for allowing the judgment debtor to dissipate the funds in his account after the service of the garnishe order nisi.


At proceeding on Monday February 6, the Managing Director and Company were not in court as ordered. Lawyer to the judgment creditor told the court how the two had disobeyed the garnishe order of the court.


Magistrate Owolabi in his ruling sentenced the Managing Director and Company Secretary to six weeks imprisonment each. He further ordered Lagos State Commissioner of Police and any officer under his command to arrest the duo, bring them to court for onward transfer to the appropriate correctional center.


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Petition signatures to Emefiele over new naira hit 1653..



Petition signatures to Emefiele over new naira hit 1653


Following the crisis over the non-availability of the redesigned N100, N200, N500 and N1000, over 1653 Nigerians have petitioned the Central Bank Governor, Mr Godwin Emefiele, to end what they termed ‘hardship’ on the citizens.


The petition, hoisted on the global change website,, which was started on Friday, garnered over 1653 signatures on Saturday.


As of the time of filing this report, many bank customers have yet to access the new notes as many automated teller machines are either not dispensing cash or completely shut down because of the crowd.


Protests have erupted over the situation in some parts of the country and some banks vandalised by hoodlums, demanding access to their money lodged in several accounts.




There have also been controversial videos showing bank officials sabotaging the process by hiding the new notes behind old ones in vaults.


The President, Major General Muhammadu Buhari (retd.), has requested seven days from Nigerians to fix the mess.


Part of the petition stated, “The recent shortage of physical cash in Nigeria has caused major untold hardship to Nigerians. People are spending hours in long lines at banks just to withdraw cash, and many are forced to rely more on digital transactions which tend to be unreliable due to poor bank networks.


POS operators also charge outrageous amounts; as much as N1000 for a N10,000 withdrawal. The Central Bank of Nigeria has stated that the shortage is temporary, but it is causing serious disruption to the daily lives of many Nigerians.


“We call on the government, stakeholders, law enforcement agencies and the CBN to take urgent action to address the cash shortage crisis in Nigeria. We demand that the CBN increase the distribution of physical cash to meet the demand, and also any POS operator found charging outrageous amounts for withdrawal should be arrested.’’


Meanwhile, the National Association of Nigerian Students has expressed displeasure over the issue, noting that the process was not only ill-timed but also not well thought out.


Speaking to Sunday PUNCH during a telephone interview on Friday, National Vice President (External Affairs), Akinteye Afeez-Babatunde, said, “The whole situation is crazy. We are tired. Students are crying and complaining. They can’t get cash. The leaders have confirmed to us that they don’t care for the people. The policy is fine but the process to get it done is to the detriment of our own lives as Nigerians. Our day-to-day activities have been disrupted. Nigerians are suffering.’


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