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I won’t grant your request to evade trial in UK Peter Fowoyo, Lagos
ÏÏÏ Justice Rilwan Aikawa
of the Federal High Court in Lagos on Wednesday dismissed the joinder application by the former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, in a N500million money laundering suit filed by the Economic and Financial Crimes Commission (EFCC). Justice Aikawa also held that the application is not only an abuse of court processes but also a deliberate ploy by the former minister to run away from justice in the United Kingdom (UK).
The EFCC had dragged Mr Dele Belgore (SAN) alongside the former Minister of National Planning, Prof Abubakar Sulaiman, before the judge over alleged involvement in N500million fraud while the commission named Diezani as an accomplice in the criminal trial. But the anti-graft agency informed the court that the ex-minister was at large while Diezani later filed the joinder application, asking the court to join her in the suit on the grounds that she is an interested party. In his verdict on Diezani’s application, Justice Aikawa described the ap-
plication as abuse of court processes, saying that her request to be joined in the suit lacked merit. The judge said, “ The applicant (Diezani’s) application is bizarre and a misuse of court processes. I won’t allow myself to be used to frustrate the applicant’s impending trial in the United Kingdom. This is not the proper time to join the applicant as a defendant. “The applicant has aroused my curiosity as to why she waited this long before coming up with the application for joinder. “The court lacks the power to interfere with the powers of the Attorney General
of the Federation (AGF). “The application for joinder is lacking in merit and same is hereby dismissed.” The judge also rejected all the other prayers by Diezani, including an order mandating the AGF to facilitate her return to Nigeria. Lawyer to Diezani, Dr Onyechi Ikpeazu (SAN) had prior to this time urged Justice Aikawa to issue an order, mandating the EFCC to list her as a party to a N500million fraud charge involving Belgore and Sulaiman. The erstwhile Petroleum Resources minister had made the request at the continuation of trial of the
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duo on a five count charge bordering on the alleged offence. Ikpeazu (SAN) argued that, “My lord, we have a motion dated September 29, 2017 and an affidavit of 16 paragraphs, together with a written address, which we rely on. “We have received the counter-affidavit of counsel but there remains yet, one consideration which should touch the conscience of parties. “In the 4th count of the charge, the applicant’s name was mentioned clearly, and there is no alteration to the fact that she has been charged; it simply suggests that it is a consummated complaint. “By the definition of Section 494(1) of the Administration of Criminal Justice Act (ACJA), a defendant is any person against whom a complaint or charge is made, while a charge refers to an allegation that any named person has committed an offence. “From count one to count four, the name of the applicant was mentioned as an accomplice. It would be in the interest of justice to join her in the charge. “We will have no objections if the applicant’s name is extracted from the charge, then, trial can proceed. Otherwise, she should be included in the charge. “I know that she will be happy to come and face the
trial.” In objecting to the application for joinder, lawyer to Belgore, Chief Ebun Shofunde (SAN), informed the court of his counter affidavit filed in opposition to the application. Shofunde argued that the applicant was not a necessary party to the suit since in the end, the court will only decide the guilt or innocence of the first and second accused who were charged. He contended that by the combined provisions of sections 216(2), 221, 273, 274, and 494(1) of the ACJA, only the prosecution could exercise the power to amend a process during trial. The senior advocate insisted that it would be incongruous for any other party to seek an amendment of a criminal charge, adding that the court will not make an order in vain. Shofunde argued that it will amount to a waste of precious judicial time if that amendment is allowed since progress have been made in the case. Opposing the joinder application, lawyer to the EFCC, Mr Rotimi Oyedepo, noted that the state can only amend a charge for the purposes of adding offences and not defendants if trial had commenced. Insisting that if an amendment is allowed at Continued on page 7
Stakeholders seek joint action on cybercrime as Nigerians lose billions to attacks
Bonny Amadi
ÏÏÏ Stakeholders
in the economy, particularly the capital market, have called for a combined effort at addressing challenges posed by the increasing threats posed by cybercrime to the nation’s economy. The call was made at the Nigerian Stock Exchange (NSE),in Lagos, on Tuesday, at the’ information security forum. The forum revealed that the threat has assumed a more worrisome dimension, as small and medium scale enterprises, SMEs, hardly survive from cybercrime attacks; while bigger corporate concerns take longer timer to sur-
vive attacks. It said that as a result, victims of such attacks have loss colossal amount of money in the process. “Implication is that SMEs are the most vulnerable, within six months, the hacked SMEs have gone under,” said Executive Director, market operations and technology, the NSE, Mr. Adeolu Bajomo. He said that joint effort by stakeholders, disclosure when attacked and sustained approach on cyber security by the board and management of organizations, would help to arrest increasing challenge of cyber criminals. Bajomo, in his presentation on cybercrime, said that the Nigerian capital market has remained
aware of the role of information security in managing businesses in Nigeria; and is committed towards ensuring that businesses do not just survive attacks, but also equip business owners with the requisite knowledge to address them. Mrs. Favour Femi-Oyewole, the NSE’s Global Certified Chief Information Security Officer, while reinforcing cyber resilience, said that Knowledge is power and that cyber resilient organizations recognize that security needs to go beyond systems, software or IT departments to include raising the security the security IQ of all employees and improved organizational processes.
She said that Symantec proposes a new strategic partnership between the security function and business leaders, brings about balanced competitive advantage against the inescapable Cyber Risks of today, to become not Cyber Risk-free, but Cyber Resilient. On the joint effort being made, the General Manager, Union Bank Plc, Mr. David Isiavwe, in his remark, said that banks and other financial institutions have ended the era of not disclosing information when they are hacked, hence the practice is guiding against cybercrimes in banks. Solutions Sales Manager at Microsoft, Microsoft Business Solution Lead at Microsoft, Mrs. Olatomi-
wa Williams, said that organizations need to guide against cyber criminals and be cyber resilient. “Most customers are today on the digital network and to reach a wider team of customers, organizations need to be cyber resilient.To be feared looking, you need to have digital resilient policy in your organization,” he said. Head, Cyber Risk services at Deloitte Nigeria, Tope Aladenusi said that many people usually think more about how to make money and not how to protect the money through protection of infrastructure that supports the money making machinery. He said that organiza-
tions should learn to balance risk, by working towards protecting their funds because, “if you have not been hacked, it is matter of time for you or your company to be hacked, so you also need to prepare for it.” Ademola Alabi of AAA bits Consulting said that irrespective of the protective mechanism put in place, once an organization has been tipped for attack, the attack most take place, irrespective of the time is occured. He said that the maIn challenge is what to do when attack has been identified, hence security has changed from physical security to cyber security woven around technology and internet of things.