posted
I am tired of trying Tafa Balogun, Justice Garuba cries out ....Threatens to withdraw from case
By Ise-Oluwa Ige Posted to the Web: Friday, June 10, 2005
ABUJA—Although Justice Salishu Garuba of an Abuja high court is yet to assume full jurisdiction on a fresh 92-count charge of official corruption initiated by the Federal Government against former Inspector-General of Police, Mr Tafa Balogun, the high court judge yesterday said he was tired of the case and was willing to hands off.
The threat, yesterday, to wash off his hands from the trial was the second in less than two weeks. The first notice to withdraw from adjudicating on the matter was prompted by a veiled insinuation by Dr Abayomi, the leading counsel to Tafa Balogun that the trial judge was bending one side (being biased) in his preliminary verdict on a minor application for adjournment.
But when the judge took exception to the language of Tafa’s lawyer and threatened to withdraw from the case, Dr Abayomi said he did not mean to say that the court was being biased and tendered a profuse apology.
The second notice issued yesterday followed an unsavory encounter between Dr Tunji Abayomi, the leading counsel to former Inspector General of Police, Tafa Balogun and Mr Rotimi Jacobs, leading counsel to the Federal Government over simple rules of practice.
Tafa Balogun, it would be recalled, had before yesterday strongly kicked against an attempt by the Federal Government to take his pleas in respect of a 92-count charge of official corruption preferred against him on the grounds that the substance of the charges was the same with a separate 50-count charge he was facing before a Federal High Court in Abuja.
He had argued that since the substance of the fresh charges against him was the same with the pending 50-count charge before the Federal High Court, he had contended that the Federal Government ought to merge them instead of duplicating them. He simply dismissed the fresh 92-count charge as incompetent and an abuse of court process, adding that the court would consequently have no jurisdiction to sit on the matter.
His argument was presented to Justice Salishu Garuba by his leading counsel, Dr Abayomi for more than five hours. Counsel to the Federal Government, Mr Rotimi Jacobs had replied him while yesterday was fixed by the court to take Tafa Balogun’s reply on points of law.
But when the reply which was supposed to be strictly on points of law was commenced yesterday, Dr Abayomi veered off the rules of practice as he went into the proof of evidence (substantive suit), raising fresh issues which he dubbed a 9-point observation. Intermittently, Mr Rotimi Jacobs was objecting, saying Dr Abayomi’s style was unknown to the rules of practice and he (Dr Abayomi) was cautioned severally by the presiding judge.
But when he would not limit himself to the points of law, he (Dr Abayomi) assured the Federal Government’s counsel (Mr Rotimi Jacobs) that he would allow him to respond to the fresh issues raised by him while addressing on points of law. However, when Dr Abayomi concluded his reply, Mr Rotimi Jacobs stood up to reply Abayomi.
He first urged the court to expunge all the submissions by Dr Abayomi having to do with the fresh issues raised on the grounds that the rules of practice frowned against it.
posted
Tafa Balogun deserve jungle justice with the rest of his family. They don't deserve any justice or to see the light of the day in court. In my own humble opinion him,his wife and his kids should be wiped out from the face of the earth, if not, we will be preaching to the choir. I keep wondering why there is existence of a country called nigeria. Please is there any body on this board that could tell me that the so called thieves at the high places,that their families don't know about their corrupt practises. Corruption in nigeria is like cancer every damn politician in nigeria is corrupt take that to the bank it will be cashed. The bible said it that the evil done by the father will visit the children.
Posts: 45 | Registered: Sep 2004
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FORMER Inspector-General of Police (IGP), Mr. Tafa Adebayo Balogun who was to have been discharged from Limi Hospital, Abuja, is still, on admission in the hospital.
Justice Salisu Garba, who is handling the 92-count charges preferred against the former Police boss by the Economic and Financial Crimes Commission (EFCC) had last Friday, after reading a letter from the hospital, which indicated the state of Mr. Balogun’s health, declared that "he will be discharged from the hospital by tomorrow (i.e. last Saturday).
Mr. Balogun was rushed to the hospital six weeks ago after policemen attached to EFCC descended on him at the court premises, beating him black and blue.
Balogun had fainted in the process and was rushed to the hospital, where he is receiving treatment.
quote:Mr. Balogun was rushed to the hospital six weeks ago after policemen attached to EFCC descended on him at the court premises, beating him black and blue.
I don't feel sorry for Balogun one bit, but what kind of message does this treatment send to the rank and file police officers. If they can beat this man on court premises unprovoked and in custody without repercussions, what do you think they will do to everyday people like you and me?
___________________ The fault, dear Brutus, is not in our stars, but in ourselves... Posts: 660 | From: Valle del Sol | Registered: Nov 2004
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posted
Balogun should not lose sleep about going for a trial since nobody of his status has ever been incacerated for stealing. Since Obasanjo came to power and with all the noise on fighting corruption, how many have been incacerated?
Posts: 288 | From: California | Registered: Jul 2003
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posted
Let no one show sympathy for this man is my message. What type of message are we sending, that it's ok for this rogue to have done all he did to people and his boys at the time he felt he was untouchable?
___________________ BIAFRA: The land of my ancestors now, yesterday and always. So it will be! Posts: 2482 | From: Ala Igbo | Registered: Apr 2004
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posted
Is Balogun going to be incacerated? Has anybody been incacerated for stealing public funds? This thing will linger on until Obansanjo leaves office and the whole thing will go away.
Can someone share some light on Wabara and Osuji? Where are they now? How's their case going?
Is there anything like jury trial in Nigeria? How does the justice system work over there?
Posts: 288 | From: California | Registered: Jul 2003
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posted
nothing like jury system in Naija Rick. The judge is judge and jury. The justice system in Naija works based on the highest bidder, though government has the final say.
___________________ Biafra is inevitable.Illegitimis nil carborundum. Posts: 760 | From: europe | Registered: Jan 2005
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posted
Don’t let me die! •Tafa Balogun begs, strikes a deal with FG
Bukola Ojeme
The former Inspector General of Police, Mr. Tafa Balogun, has been pleading with the Federal Government not to allow him die in detention.
He has consequently made a plea bargain, in which he offered to forfeit all the money he allegedly laundered as well as the assets seized from him.
Sunday Punch sources told our correspondent that he made the plea as a result of his failing health.
Balogun, who is facing an amended 56-count charge for money laundering offences was ordered to be remanded in police custody by an Abuja High Court on Friday October 14, till November 7, this year by the trial judge, Justice Binta Murtala Nyako. Balogun’s woes were further compounded penultimate week, as his predecessor, Mr. Sunday Ehindero rejected the request by the Economic and Financial Crime Commission (EFCC) to keep him in police custody.
Sources told Sunday Punch that the embattled former IG made the plea in a recent meeting involving him and the Chairman of the EFCC, Mr. Nuhu Ribadu.
According to the source, “Balogun specifically requested for a meeting between EFCC’s legal team and himself, against the wishes of his lawyers, who preferred to continue with the litigation involving him. That was why it took some time for all the parties to sit down and talk. I recall him saying at that meeting that he would die if he continued with the trial.”
Sunday Punch gathered that Balogun told the gathering that, when he was in the saddle as IGP, he used to travel abroad twice every year for medical attention, but lamented that since his travail, he has not been given the opportunity to travel out for his usual medical check up abroad.”
President Olusegun Obasanjo, who Sunday Punch sources , said was moved by the plea of the former IG, was said to have given approval to his request “in principle.”
The source said, “Mr. President has finally given approval in principle to the deal, but he has insisted that the former IG must serve a jail term, no matter how short, to serve as deterrent to others. That is yet to be worked out.”
The source also dismissed as incorrect, speculations that the deal was at the instance of the EFCC, rather, he insisted that “health concerns prompted Balogun to initiate discussions on the matter even against the wishes of his lawyers. He agreed to a plea bargain to forfeit his seized assets and shares for freedom on medical ground.”
This package, we learnt, was presented to the President by Ribadu, penultimate week for approval.
The EFCC boss was also advised by the body’s legal team to first of all consider public reaction to the deal before its consummation, while it considers modalities for a minimum jail term as recommended by President Obasanjo.
An interesting dimension, however, crept into the deal last week, when some people believed to be close associates of Balogun started inundating the EFCC with offers to buy over his properties and shares that will be forfeited. Most of them have requested under the cover of confidentiality to be allowed to bid for his properties.
A source within the EFCC, who confirmed this development on condition of anonymity, told Sunday Punch that, “Some people have shown interest in buying over Mr. Tafa Balogun’s assets. A few of them are very well known associates of the former IG. To the best of my knowledge, the issue of what to do with his assets has not been mentioned.”
It was also learnt that, the Inspector General of Police penultimate Friday, turned down request by the EFCC to have Balogun remanded at the IG’s Guest House in Maitama.
He was said to have pleaded lack of space in his Guest House or any other police facility for rejecting the embattled former police boss.
The situation has prompted the EFCC to move Balogun from one house to another, as part of security decoy.
As at the time of filing in this report, Balogun was sequestered at a flat located at Zone E, Apo legislators quarters.
Contacted for comments on the plea bargain deal, Balogun’s lawyer, Dr. Tunji Abayomi, confirmed the development, but refused to give any details, saying, “There have been proposals and counter-proposals. As Rotimi Jacob said, there have been discussions. I do not want to comment beyond that.”
On the rejection of his client by Ehindero, he said, “ All I can say is that, he is in EFCC custody. They (EFCC) keep moving him about. The police would not have him.”
Rotimi Jacob, EFCC’s lawyer and its representative at the meeting in a telephone interview with Sunday Punch on Friday, was also not forthcoming on the deal, but said, “I also affirm, if that is what he (Dr. Abayomi) told you.”
Asked if the plea bargain would translate into freedom for Balogun, he said, “ If there is no conviction, there is no plea bargain.”
Asked if the deal has been perfected, he denied, but in apparent reference to EFCC’s Ribadu and the President, he said, “It is between them up there. I don’t know.”
Contacted for comments in Abuja on Friday on the refusal of Ehindero to allow Balogun be in police custody, the Deputy Force Public Relations Officer and newly promoted Acting Chief Superintendent of Police, Mr. Emmanuel Ighodalo claimed ignorance of the matter saying, “ I am not aware.”
SUNDAY PUNCH, October 23, 2005
Copyright 2005 Punch (Nigeria) Limited. All Rights Reserved
___________________ Biafra is inevitable.Illegitimis nil carborundum. Posts: 760 | From: europe | Registered: Jan 2005
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posted
The story is coming to conclusion. Tafa Balogun the thief has less than four month to spend in prison after which he will be free to come aout and face his stolen millions. Nuff said about Obasanjo anti corruption smoke screen and witch hunt.
quote: Tafa Balogun pleads guilty, gets six months jail From Lemmy Ughegbe, Abuja
A DEFINITIVE pronouncement was yesterday made on former Inspector-General (IG) of Police, Tafa Balogun, by a Federal High Court in Abuja, which convicted and jailed him for four years and eight months.
This was after he had pleaded guilty to eight charges of refusal to co-operate with the Economic and Financial Crimes Commission (EFCC) while being probed for money laundering offences.
The sum allegedly laundered by him and eight companies, as shown in the charges, is about N16.3 billion. Balogun has, however, pledged to join the government in the fight against corruption.
Although Justice Binta Murtala-Nyako sentenced him to six months imprisonment on each of the eight counts, they are to run concurrently.
In effect, he would be in jail for only six months. And, since he is deemed to have spent 67 days in detention, having been arrested since April 4 this year, Balogun is to spend 113 days in prison, that is less than four months. The judge ordered that the 67 days be included in the jail term.
The court also ordered the former IG to pay a fine of N500,000 on all the eight-count charges, which multiplied into N4 million.
The judge said: "We must not forget that it is a constitutional duty to assist law enforcement agencies. He is a first offender who has shown enough remorse. But we must send a clear signal about the seriousness of the war against corruption. No matter how highly placed an individual may be, the law must take its course."
The summary trial, which climaxed in Balogun's conviction and sentence, lasted about six hours. It confirmed earlier reports that the former Police boss and the EFCC had reached an agreement, in spite of the denial by the commission's boss, Mr. Nuhu Ribadu.
Balogun, who had initially pleaded not guilty to the offences of refusal to respond to lawful enquiries, yesterday made a dramatic reversal and pleaded guilty.
All the eight companies charged with him also pleaded guilty. They are Yeboa Investment Limited, Caledonian Telecommunications Limited, Renovations Construction Limited, Aworo Investment Limited, Olatrade Limited, Yeboa Nigeria Limited, Ceejay Properties Nigeria Limited and Ivory Ventures Limited. Balogun had in the past denied having any link with the companies.
The companies were ordered to forfeit all their assets to the Federal Government and to wind up immediately.
The Corporate Affairs Commission (CAC) was also instructed to strike off their names from the list of registered companies in the country.
The charges to which Balogun pleaded guilty are his refusal to disclose his interest in a N1.2 billion Bond Bank shares when he was asked to do so by EFCC's operatives. This amounted to an offence under Section 38 (2) (b) of the EFCC Act 2004.
Other new charges included Balogun's refusal to disclose his interest in various landed property in the Federal Capital Territory in Abuja and Lagos even when EFCC's officials confronted him with the allegation that the property belonged to him.
The charges, which Balogun pleaded guilty to are numbered Counts 49 to 56. Counts one to 48 were against the companies.
Prior to Balogun's conviction, the new charges were read to him. He entered a plea of guilt.
Yet EFCC's lawyer, Mr. Rotimi Jacobs, prayed the court to compel Balogun's lawyer, Chief Adegboyega Awomolo (SAN), to explain the charges to him before his plea is taken all over.
But Awomolo objected, stating that Balogun had a good understanding of English Language and had pleaded guilty on the strength of that understanding.
Still, Jacobs read out the ingredients of the offences to Balogun to put beyond doubt the issue as to whether the former police boss understood what he had pleaded to.
The EFCC lawyer noted that the offence of refusal to answer lawful questions was contained in section 38 (2) (b) of the EFCC Act.
He enumerated the ingredients as:
* there must be lawful inquiry or request;
* the enquiry must be by authorised officers of the commission;
* the enquiry must be in consonance with the Act; and
* the accused person must have failed to respond to the enquiry.
He observed that the EFCC officer, Ibrahim Magu, who made the enquiry was duly authorised and that all the elements were present in the case as Balogun refused to respond to the enquiry.
In his response, Awomolo said that ordinarily, under the Constitution, an accused person should not be punished for refusing to talk during criminal investigation.
The lawyer to the companies, Omotola Adu, also told the court that her clients admitted the ingredients of money laundering offences for which they were charged.
Before the court's sentence, Jacobs pleaded with the judge to take cognisance of the fact that Balogun was a first offender.
He asked the court to balance the interest of the accused persons with that of the society in dispensing justice.
He said that EFCC wanted to send a clear signal to the world that nobody, no matter how highly placed, was above the law.
In urging the court to mitigate sentence, Awomolo said that Balogun had shown remorse for the offence.
"The first accused/convict (Balogun) has suffered unprecedented public humiliation. He has suffered severe damages in health and physique as a result of this trial. He has shown remorse and if given the opportunity, he will lead a responsible life."
The former IG's counsel added: "He will rise from today to join the crusade against corruption because he had suffered a lot as a result of allegations relating to corruption. I beg my Lord to temper justice with mercy."
By this judgement, Balogun has finally rested the N16 billion money laundering charge against him. But he still has a subsisting case of diversion of N4.3 billion police funds before an Abuja High Court headed by Justice Salisu Garba.
However, sources at the EFCC told The
Guardian that that even though the case is still
pending, it might be discontinued.
According to him, the discontinuation of the case before Justice Garba was part of the truce terms reached between the EFCC and Balogun on his trial
posted
Does this not confirm the Igbo position towards the corruption arrest which even Steve Wonder could see that this president from the Yoroba area is wickedly anti-Igbo? I look up to the decent men and women from the same area as king kong to come up with condemnation in the harshest terms to this charade devoid of tribal flavor. I'll like to hear them spin this one out of bounds as usuaaaaa. What a slap on the knuckles for a man who through his stealing act endangered the lives of the people by hoarding the funds that was meant for security and welfare of both the police personnel and people of nigeria? This is justice gorilla and his supporters’ style, six months for nineteen billion naira loot. Not bad, not bad!
___________________ BIAFRA: The land of my ancestors now, yesterday and always. So it will be! Posts: 2482 | From: Ala Igbo | Registered: Apr 2004
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quote: The story is coming to conclusion. Tafa Balogun the thief has less than four month to spend in prison after which he will be free to come aout and face his stolen millions. Nuff said about Obasanjo anti corruption smoke screen and witch hunt. .....Ochiwar
You still dont get it. Tafa Balogun has been made to forefeit the loot he stole. This is part of the conditions for a reduced jail term. (Please refer to the case of US vs Enron). It is extremely hard to recover stolen funds from public officials, and this is why the government enters into all kinds of ridiculous deals with them to give up their loot in return for a shorter than usual sentence. I think it is a win-win situation for the Government. In the case of Wabara, at least he still has his freedom even though he was caught red-handed and was forced to return stolen money. I still think that the government is on track.
___________________ This war of attrition on the Igbo must end now! Posts: 441 | From: california, US | Registered: Jan 2003
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posted
Sorry Addy but looks like its you who does not get it.
quote: Tafa Balogun has been made to forefeit the loot he stole. This is part of the conditions for a reduced jail term. (Please refer to the case of US vs Enron).--Addy
Please do you have that from a reliable source or is it a figment of your imagination? The report above tells us that Balogun was not jailed six months for giving up his stolen loot. rather it tells us that he was jailed six month for not revealing where all his loot is stashed. Please go and re-read the relevant reports
quote: The charges to which Balogun pleaded guilty are his refusal to disclose his interest in a N1.2 billion Bond Bank shares when he was asked to do so by EFCC's operatives....Other new charges included Balogun's refusal to disclose his interest in various landed property in the Federal Capital Territory in Abuja and Lagos even when EFCC's officials confronted him with the allegation that the property belonged to him.
He refused to reveal his loot so what in hell are you talking about Addy that he was given light sentence for forfeiting the loot he stole? And the case you cited US vs Enron is an american case. Since we dont use american judicial system in Nigeria, it is useless your quoting it as it does not apply to the Balogun case.
___________________ Biafra is inevitable.Illegitimis nil carborundum. Posts: 760 | From: europe | Registered: Jan 2005
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quote: The source also dismissed as incorrect, speculations that the deal was at the instance of the EFCC, rather, he insisted that “health concerns prompted Balogun to initiate discussions on the matter even against the wishes of his lawyers. He agreed to a plea bargain to forfeit his seized assets and shares for freedom on medical ground.” This package, we learnt, was presented to the President by Ribadu, penultimate week for approval.
.......As posted by Ochiwar 10/28/05
Ochiwar, Need I say more?. At least he's getting 6 months on top of the public humiliation in the hands of the EFCC operatives in Abuja and Lagos(which he is richly deserving of), where on earth is Adolphus Wabara, the Igbo chief turned thief?
___________________ This war of attrition on the Igbo must end now! Posts: 441 | From: california, US | Registered: Jan 2003
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posted
Addy, What you are quoting is old news and mere speculation before the judgement. Now the judgement is out and it is obvious from the current judgement that Balogun refused to reveal several stolen properties and Billions of stolen naira. Enough to live a happy life ever after. Its a great precedent and sure to discourage other looters. As for your mention of the infamous efulefu adulphus nwagbara not that i support his thievery but need I remind you that he was protected constitutionaly against prosecution. He enjoys the same immunity as do Obasanjo, Atiku, tony Aneni and the rest of the looting gang.
___________________ Biafra is inevitable.Illegitimis nil carborundum. Posts: 760 | From: europe | Registered: Jan 2005
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if he's in the Ikoyi prisons, I plan to meet with very soon, and maybe beg him to remember to do what every "big man politian or military man" who has been jailed in Nigeria, always forgets (very quickly) to do when they get "out" (released); "go back and fix the deplorable state of the prisons, as you all invariably end up doing time there at some point anyway"
posted
I could care less if he dies and rots in jail. That man deserves to be severly punished and tortured in jail for the lives of people he destroyed.
posted
No matter whatever freaking deal this thief entered to with EFCC, methinks the sentence he got was not only ridiculous, it is a dirty slap in the face of all law abiding Nigerians and it will go a long way to undermine the so-called war against corruption. For crying out aloud, this Ole barao was the immediate past IG and if Nwude was given 37 years for his role in the 419 scam, Tafa should not get anything less than 74 years.
It is even more ridiculous when you read his comment after the sentence, when he says, “ I will bounce back” Like the fugitive Alams, I will not doubt the drums and gongs will be rolled out, and the Ila Orangun with his chiefs will be at the gate of the prison on the day he finished his prison term to welcome their “victimized son” and celebrate and thank their god for shaming his persecutors.
FORMER Inspector-General of Police (IGP), Mr. Tafa Balogun yesterday regained his freedom after serving a-six-month jail term on the orders of a Federal High Court, which convicted him for fraud.
On November 22, last year, Justice Binta Murtala-Nyako convicted and sentenced Balogun to six months imprisonment, after he pleaded guilty to a mitigated eight-count charge of refusal to co-operate with the Economic and Financial Crimes Commission (EFCC) when he was on probe for money laundering offences.
Balogun's release by the prison authorities was confirmed by its spokesman, Mr. Kunle Odeyemi, who said that the erstwhile police boss earned his freedom after serving the terms of his conviction.
Although Justice Murtala-Nyako sentenced Balogun to six months imprisonment on each of the eight-count charge, she ordered that the sentences should run concurrently.
That, in effect, meant that Balogun had only six months to stay in prison. The judge ordered that the 67 days he spent in detention April 4 be included in the six months jail term. Consequently, Balogun spent about 113 days in jail, that is a little less than four months. The court also ordered that Balogun should pay a fine of N500,000 on all the eight-count charge, which totalled N4 million.
The judge said: "We must not forget that it is a constitutional duty to assist law enforcement agencies. He is a first offender who had shown enough remorse. But we must send a clear signal about the seriousness of the war against corruption. No matter how highly placed an individual may be, the law must take its course."
The summary trial, which climaxed in Balogun's conviction and sentence lasted about six hours and confirmed earlier reports that Balogun and the EFCC had reached an agreement, in spite of the denial by the commission's boss, Mr. Nuhu Ribadu. Balogun, who had initially pleaded not guilty to the offences of refusal to respond to lawful enquiries, made a dramatic turn as he pleaded guilty to the charges.
All the eight companies charged along with him also pleaded guilty.
The companies are Yeboa Investment Limited, Caledonian Telecommunications Limited, Renovations Construction Limited, Aworo Investment Limited, Olatrade Limited, Yeboa Nigeria Limited, Ceejay Properties Nigeria Limited and Ivory Ventures Limited.
Balogun had in the past denied having any relationship with the companies.
The companies were ordered to forfeit all their assets to the Federal Government and to wind up immediately.
The Corporate Affairs Commission was also instructed to strike off their names from the list of registered companies in Nigeria.
However, Balogun still has a subsisting case of diversion of N4.3 billion police funds before an Abuja High Court headed by Justice Salisu Garba.
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