Tuesday, 22 May 2012
Bankole’s Ruling: Why We Disagree-Festus Keyamo
Festus Keyamo
By Festus Keyamo
I, Festus Keyamo, issue this Press Statement as the Lead Prosecutor in this case and on my behalf. The Commission may also issue its statement later.
The FCT High Court, sitting at Apo presided over by Justice S. B. Belgore today, Tuesday January 31, 2012, upheld the no-case submission made by the former Speaker of the House of Representatives, Dimeji Bankole and his Deputy, Nafada and discharged the two Accused persons.
This charge is only in relation to the allegations of obtaining illegal loans and the indiscriminate increase of the “allowances” and “running costs” from N27million to N42million per member, per quarter, under the leadership of the accused persons. The charge in relation to the contravention of the Public Procurement Act, to wit: inflation of prices of goods purchased for members of the House of Representatives is still pending before the Federal High Court, Abuja.
However, we disagree with the reasoning and conclusion of His Lordship Justice S.B. Belgore in the decision reached today on the following grounds:
1. The Court held that though it is morally wrong, morally indefensible and morally insensitive for the members of the House of Representatives led by Bankole and Nafada to have increased their “running costs” from N27million per quarter, per member, to N42million, it did not amount to a criminal offence but a moral wrong. The court reasoned that the legislature, being a different arm of government, the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) cannot fix the “running costs” for members of the House of Representatives. They are at liberty to increase their “running costs” to whatever amount they so collectively wish.
Again the judge held that RMAFC can only fix “wages” and “allowances” and not “running costs” and that “running costs” do not qualify as “allowances”.
OUR DISAGREEMENT ON THIS POINT
Section 70 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) states as follows:
“70. Remuneration
A member of the Senate or of the House of Representatives shall receive such salary and other allowances as the Revenue Mobilization Allocation and Fiscal Commission may determine.”
Consequently, in our opinion, it is wrong for a judge to allow a public officer to take money from the public till under any guise without reference to the RMAFC. Our respectful view is that “other allowances” as stated in the Constitution encompasses “running costs” as monies collected by public officers to offset expenses other than wages. The difference the judge tried to create is merely splitting of hairs.
2. The court held that Bankole and Nafada could not be held for criminal breach of trust because constitutionally, their powers do not include control of the Accounts of the House of Representatives, therefore they are not “entrusted” with those accounts. While the court agreed that Bankole was actually the approving authority regarding expenditure, in conjunction with the Clerk of the House of Representatives, the Court said this was only an illegal usurpation of the powers of the Clerk of the House of Representatives.
OUR DISAGREEMENT ON THIS POINT
Since the Court had arrived at a conclusion that Bankole usurped the powers of the Clerk of the House of Representatives, should he not be held accountable for misusing that power he usurped? We think he should.
3. The court held that the accused persons cannot be held guilty for theft because the funds in the accounts said to be the subject of theft were legitimately obtained as loans and disbursed to members.
OUR DISAGREEMENT ON THIS POINT
In our view, theft is committed when a property belonging to another is taken fraudulently without the consent of the other person. In this case, so long as monies were credited to the account of the House of Representatives which is an account of the Federal Government, they still needed to follow strict financial regulations in disbursing those amounts. To the extent that those financial regulations were not followed the “taking” is fraudulent and amounts to theft, in our view.
4. Lastly, the judge kept repeating that the loans have been fully paid back and so no crime has been committed.
OUR DISAGREEMENT ON THIS POINT
Apart from the fact that paying back of the loan does not repair the breach of the financial regulations by the accused persons, this is what PW 9 (Sefiya Musa, the Relations Manager of First Bank) said:
“PW9:- I have looked at A41. The bottom reading =N= 12 billion. That is the loan I am talking about. The loan has not been fully liquidated.”
Therefore, we do not know how the judge arrived at the conclusion that the loans have been fully paid back when the loan obtained from First Bank Plc remain unpaid as manifestly shown in the evidence of PW 9 above (as against that of UBA).
For these and other reasons, we are totally dissatisfied with the judgment and we are consulting with our client, EFCC on the possibility of an appeal.
Thank you.
FESTUS KEYAMO, ESQ.
Lead Prosecutor
Comments
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Evidence please
Submitted by Anonymous (not verified) on February 8, 2012 - 19:33.
this man do you have evidence to support this.
Bank-Ole meaning Bank-thief
Submitted by smith (not verified) on February 8, 2012 - 01:07.
Anyway, we don't have to blame the thief for stealing our money with his co brood of vipers because they said that the Government of any country represents the wisdom and intelligence of its people. What can one say in this case,when the justice is corrupt,then let the men eat dung.Boko haram should know better the people to go after in this country and gain popularity than chasing after the wind RUBBISH.
THAT JUDGE SUPPOSE TO BE STONED TO DEATH
Submitted by Dada Ogbegun (not verified) on February 7, 2012 - 23:13.
The judge who arrived at no case against Bank ole suppose to be stoned to death.
@Solaside
Submitted by OmonBendel (not verified) on February 5, 2012 - 22:33.
You are a very stupid Nigerian. In short, I feel ashame to call you a fellow Nigeria.
Stop peddling rumours on the net. Shame on you. Agbaya, an Olosi like you
Makanjuola
Submitted by Solaside (not verified) on February 4, 2012 - 22:52.
You dont have a clue. Keyamo is very clever. What he is doing by offering EFCC free service is to get compensated by the accused so the case will be weakened. He is well paid bythe accused. Has he opposed any adjournment before? Bode refused to pay. He did same thing with Ige killers and got settled. At least he is having his share of the national cake and double share as Niger Deltan.
How can morally wrong in financial matters...? - 2
Submitted by OC (not verified) on February 3, 2012 - 10:33.
...Contnd
Moral wrong and crimes are not always in congruent. A crime is a crime because the Law says it is. A moral wrong is not a crime, because there is no law saying it is. The charges against BANKOLE do not even fit the definition of stealing. The definition includes '...an INTENTION to PERMANENTLY DEPRIVE...). Unless BANKOLE & co sought to permanently deprive the Bank, of what was accepted as a LOAN, in which case, it is the Bank that should be complaining!
I agree with the Judge that BANKOLE & CO (most of them are still in the HOUSE REPRESENTING ME & YOU) acted IRRESPONSIBLY and IMMORALLY. In a civilised country, that is enough to cost them their political career. MY QUESTION THEN IS, WHAT ARE NIGERIANS DOING ABOUT THE OTHERS STILL IN THE HOUSE, INCLUDING YOUR OWN REPRESENTATIVE? Regrettably, people would still vote for BANKOLE whenever HE PRESENTS HIMSELF FOR ANOTHER ELECTION!
How can morally wrong in financial matters...?
Submitted by OC (not verified) on February 3, 2012 - 10:25.
An anonymous or 'nonentity' asked this question ' How can 'morally wrong" in financial matters in which the accused benefited, even if remotely, not amount to criminality.'.
To help him reason in a more balanced way, take the example of the CEO of RBS (Royal Bank of Scotland), who was due a bonus of millions of pounds. He was roundly condemned by the whole country, including the PM, although they accept that it is not a crime for him to accept the bonus, but morally wrong for him to do so, when tax payers and public money had to be pumped in to sustain the Bank and stop it from going under. However, a case where a MORALLY RIGHT action can amount to a crime (despite the good intention) is where a Mother steals to save a dying or starving child. It may be a morally right thing to do, but yet it's a crime!
(Contd)
Nigeria unless U do it prperly we are not going anywhere, folks!
Submitted by Anonymous (not verified) on February 2, 2012 - 18:20.
In D heat of the kind of corruption in Nigeria D Judges appears to be saying; If U can fix it, don't hesitate to come to my Court! Am thinking where has D ‘Judge made Law - i. e. case Law', gone? It means Dr. Jonathan/ Sambo can go ahead & get D Clerk of Senate to arrange loans for them so that they can buy Aso Rock & the precincts in their wives names; wait at the end of office to rent them out to succeeding President! Haba wan’na inadiawa! Wonders happen in Nigeria! Tell U this, a business man said of Nigeria; If U can make your way to Nigeria you'll discover that money flows in D gutters; that business is such U can get profits U want & go scot free in Nigeria! It is not surprising; U took an Oath of office all of them in D Court; D Judge & D accused B4 them & D Judge talks about morals; part of Oath of office embodies moral rectitude 4 public office holders yet he says he has no case to answer! Course in China both Judges for D case & accused know what D outcome of this case!
Keyamo- Shut up ur mouth
Submitted by Anonymous (not verified) on February 2, 2012 - 09:38.
How on earth is Running Cost synonymous to Allowances? Pls google them before you talk!
2. Reading through your views on the judgement, it is obvious you have a score to settle with BankOle. Y dont you leave this gentleman alone..... Naija is full of his like... Imagine.. GEJ will use about N1b to eat!!!!! Now another several millions for state house upkeep. Y dont you focus on this and leave BankOle alone jare.
Dont run down your popularity down sentimentally, okay?
Something is wrong with the Judgement
Submitted by Anonymous (not verified) on February 2, 2012 - 09:37.
The presiding Judge unwittingly exposed his bias in this case by contradicting himself in the judgement. How can 'morally wrong" in financial matters in which the accused benefited, even if remotely, not amount to criminality. I will suggest that the learned judge should tread softly and not dent his reputation at this time of his service.
Bankole & Nafada Judgement
Submitted by Anonymous (not verified) on February 1, 2012 - 18:43.
Bankole once said, no court in Nigeria could try him. From day one it was already a lost case against the two OLES/THEIVES. They are PDP members and they have a sitting government that is corrupt to the core. I was expecting some civil right lawyers like Festus to take on that violent Pastor who physically & violently abused that innocent young Nigerian girl viewed by millions on youtube. Why,like Bankole which court in Nigeria are you going to try him except in the HAGUE. Cry my beloved country.
Re: Haba Keyamo
Submitted by Bobby (not verified) on February 1, 2012 - 18:18.
Please keep quite when yu have nothing to say. I qualified lawyer is prosecuting a case he will will easily win in a country where justice reigns and instead of you to applaud his courage, you are running him down.
If you are receiving money from the likes of Bank-ole better change profession.
EFCC v Bankole and Nafada
Submitted by Nony (not verified) on February 1, 2012 - 17:52.
@Ayodele. Keyamo's opinions are based on law and logic. Any attack on his opinions should as well be based on points of law and logic.
Erronious Impression about Keyamo
Submitted by MMK Makanjuola (not verified) on February 1, 2012 - 17:27.
It should be stated straight for record purpose that Keyamo is not on a paid retainership by EFCC. His services have been rendered out of patriotism without financial benefit or consideration.
For the record please.
Yes! Femi Falana stands a better chance
Submitted by Anonymous (not verified) on February 1, 2012 - 17:11.
@paul_osagie, you are right. Judging from his antecedents I trust that Femi Falana will handle these kind of cases much better than Keyamo.
Haba Keyamo
Submitted by Ayodele (not verified) on February 1, 2012 - 16:53.
I believe Festus Keyamo has an interest which is not yet clear to us.
The judge freed a person he still continued his political campaign started since the time Bankole was in office. May be he has lost confidence in his profession?
Keyamo is either afraid of being sued for malicious prosecution or just wants to continue to collect Fed. Govt money.
He should refund EFCC money he collected.
Bankole and Nafada could not
Submitted by Patrick Agbobu (not verified) on February 1, 2012 - 16:46.
Bankole and Nafada could not have been allowed to carry the can alone. All members of the National Assembly who benefited prom this disgraceful and shameful act could have been charged and the case could have succeeded. Shame on all of the members of the National Assemlies that benefited from this act.
Re: At this level I expect Keyamo
Submitted by Nigeriamail (not verified) on February 1, 2012 - 15:40.
My friend, I started reading your comments about the explanation on allowance and running costs only to realise that your IQ must be way below par! What difference does it make whether the damn money is paid by cash or via electronic means? Does that change the crux of the matter? Accountability is what is at stake here! The issue is that a public representative rapes the nation's collective treasury and you are splitting hairs about cash and electronic transfer. LORD! No wonder these people get away with murder what with comments like yours. nigeriamail@mail.com.
u ave notin to lose
Submitted by olu (not verified) on February 1, 2012 - 14:51.
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Nigeria for sure.
Submitted by Alafa (not verified) on February 1, 2012 - 13:54.
Keyamo or what sorry plz but i ask why do dese drug lords we call our leaders use d best of d sans lawyers and what have u while our dearest toothless Efcc pay dis legal baby called Festus to waste our time. Efcc should plz change deir legal team jor. Keyamo can go bail his militant friends.
exciting opportunity
Submitted by Anonymous (not verified) on February 1, 2012 - 13:19.
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This is why WAZZUB was created, to share 50% of the profit to the users and to give the users the opportunity to earn a profit every month for life but only to those users who've signed up before april 1st 2012
Where do the money come from?......... Money come from millions of advertisers that pay company like facebook, google to have their business shown to the audience (the users).
Remember there's billions of users using google, facebook and the advertisers will go where the users are.
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the judge has collected his shear of "the National Cake'
Submitted by ejakpovi peter sodje (not verified) on February 1, 2012 - 13:00.
na waaaaaoooooo, even a lay man on hearing the judgement go know say the judge sef hand don touch small peper(cash)...what do you expect from a person wey be Bank-Ole (bank thief)...abeg Oga Keyamo, dont be surprise if you get the same verdict at the appeal court, because every judge will want to collect their own shares ooooooooooh
LET THERE BE DARKNESS THE DAY
Submitted by JABO (not verified) on February 1, 2012 - 10:25.
LET THERE BE DARKNESS THE DAY BABY NIGERIA WAS BORN.
RE:HAUSA AND YORUBA PACT: HAUSA LOSES OUT
Submitted by Adekunle (not verified) on February 1, 2012 - 09:44.
Akpofure or whatever your name is, it's very evident that you're suffering from inferiority complex just b'cos you are uninformed. The fact that you are from minority group should not block your head to reason like normal being. What has Yoruba / Hausa got to do with GEJ's weakness to address corruption. Lagos and Kano protesters did not fight Jonathan b'cos he's from south-south minority, but they did fight against govt unpopular & illogical descision.
AKPOFURE, pls always reasons with your head before you comment. ok?
@Ojo Abiodun Alagbon
Submitted by OC (not verified) on February 1, 2012 - 09:22.
Sorry, the FACTS in your example are different. If you open or read our Law books you will see that it is a crime to rape at all, not to talk of a most disgusting, reprehensible and hideous act as raping a child. HOW COULD YOU EVEN THINK OF SUCH A THING?
FYI, THOSE WHO COMMIT SUCH HIDEOUS ACTS OR HAVE INTERCOURSE WITH CHILDREN OR ANY UNDER-AGED PERSON ARE KNOWN AS PAEDOPHILES AND THEY ARE INTERNATIONAL CRIMINALS. THEY ARE ALSO REGISTERED!
In BANKOLE'S CASE, strip it down, and you will see that all he was charged with was OBTAINING A LOAN ON BEHALF OF THE HOUSE OF REPRESENTATIVES, WHICH WAS AGREED AND SHARED BY ALL THE MEMBERS OF THE HOUSE.
I agree with you that the world will hear/read about how the courageous Judge in this case acquitted himself and STUCK TO THE FACTS AND THE LAW!
Keyamo -v- Bankole, Nafada & Other BENEFICIARIES! - 2
Submitted by OC (not verified) on February 1, 2012 - 09:04.
Keyamo, sorry, your viewpoint or what you THINK is different from what the LAW IS or PROVIDES.
IT IS A GODDAMN LOAN, DAMN IT! There are much BIGGER THINGS the EFCC can pursue BANKOLE for!
On the issue of KEYAMO CONSULTING WITH HIS CLIENT (THE EFCC or THE STATE) he must be advised to DROP the case, UNLESS HE WOULD FUND THE APPEAL FROM HIS POCKET. Enough of this public waste of FUNDS on a case that is going nowhere and was a non-starter.
And lest some FICKLE MINDS think I am siding with BANKOLE, NO WAY! I don't know him and have never liked his MANNERISM and POMPOSITY while he presided over the House. I AM SIMPLY DEALING WITH THE FACTS AND THE LAW.
Keyamo -v- Bankole, Nafada & Other BENEFICIARIES!
Submitted by OC (not verified) on February 1, 2012 - 08:37.
Finally, and sticking to the FACTS of the case, even if, or let us imagine, for instance, that a CRIME was committed by BANKOLE & OTHERS BY TAKING A LOAN and APPROPRIATED (i.e. SHARED) it, DID NOT EVERY MEMBER OF THE HOUSE PARTAKE? WHY HAVE THEY NOT BEEN CHARGED AS WELL? SELECTIVE JUSTICE???
If EFCC wants to be taken seriously and not always bow to SENSATIONALISM, they must endeavour to act THOROUGHLY. In other words, DO THINGS PROPERLY. On this one, they received BAD advice from GOD KNOWS WHO. Where is the CRIME in A BODY THAT CAN LEGISLATE ON ANY MATTER taking a LOAN (even if it is without AUTHORITY)? AND WHY ARE ALL THE BENEFICIARIES NOT PART OF THE ACTION? FOOD FOR THOUGHT!
I said it then, and I side with the Judgement! - 3
Submitted by OC (not verified) on February 1, 2012 - 08:15.
Contd...I'm yet to read or hear of people RECALLING their REPRESENTATIVES in numbers, yet we all moan and groan that they are CORRUPT and COLLECT SO MUCH INCOME. We are EQUALLY CULPABLE AND GUILTY, as accessories BEFORE and AFTER the FACTS, if we fail to CHECK or REPORT our REPS. Instead people look up to the PRESIDENT to REDUCE the wages of those that even have the POWER TO IMPEACH HIM! For instance, BANKOLE, NAFADA & other beneficiaries of the LOAN represent a people! WHY WERE THEY NOT RECALLED?
This is also always my problem with the elites or the so-called enlightened amongst us, whose role it is to educate those who don't know, but sadly, join the bandwagon and say things that make one cringe.
I said it then, and I side with the Judgement! - 2
Submitted by OC (not verified) on February 1, 2012 - 07:31.
While many Nigerians (as always) were moved by the SENSATIONALISM of the occasion, my take then was that I could not see the CRIME that has been committed by a body THAT EVEN HAS THE POWER TO MAKE ANY TYPE OF LAWS (Including IMPEACH THE PRESIDENT). It isn't a CRIME for them to BORROW or take a LOAN. It isn't a CRIME also for them to INCREASE THEIR WAGES. They can do whatever pleases them.
But ultimately the REAL POWER belongs to the PEOPLE (YOU & ME). As our Representatives, they are their at our pleasure and also at OUR BECK AND (RE-)CALL. Yes, WE CAN ALL EXERCISE OUR RIGHTS TO RECALL THEM TO GIVE ACCOUNT. We don't have to wait for PRESIDENT JONATHAN (who btw, did not ELECT THEM). EVERY NIGERIAN HAS THAT RIGHT AND POWER...contd
