Yemi Akinseye-George (SAN), a law professor, believes it is impossible for the federal government to accuse Femi Otedola, an oil magnate, with bribery in the case of Hon Farouk Lawan, who was sentenced to seven years in prison on Tuesday.

Lawan, the former head of the House of Representatives ad-hoc Committee investigating gasoline subsidy, was found guilty of accepting a bribe from Otedola in exchange for his company, Zenon Oil and Gas Limited, being removed from the list of companies under investigation.

Lawan is now being held in Kuje Prison in Abuja, Nigeria’s capital.

But Akinseye-George said he (Otedola) does not have a “guilty intent”.

“The giver does not have what in law we call ‘guilty intent’. He knew he was not supposed to give a bribe and then informed the law enforcement agency to make them part of the process; so, he doesn’t have the guilty intent and without this intent, the law does not punish,” he said.

He explained that for an offence of bribery to be committed, there must be two elements which are the mental and physical elements.

“The mental element of the offence is the state of the mind of the giver at the time he gave. In this case, you don’t have the corrupt mental element.

“All you have is the physical element, which was with the knowledge of law enforcement agents.

“That is why in this case, you cannot talk about punishing the giver because the state of mind of the giver was not to corrupt but to expose corruption,” he added.

In his testimony before the court in June 2019 said the money he handed over to Lawan was given to him by the DSS.

He added that the alleged bribe money was given to Lawan in a sting operation.

He said that the DSS, however, did not catch Lawan red-handed at the time of collecting the money from him (Otedola), as shown in a video played in the open court.

He also told the court that he did not have any documentary evidence to the fact that the money was given to him by the DSS, saying that the money was given to him in bits.

He further stated that he did not take down the serial numbers of the money given to him by the DSS, adding that he did not sign any document when collecting the money in bits.

Senator Orji Kalu, the former governor of Abia State, and the Economic and Financial Crimes Commission (EFCC) will adopt their procedures in the petition brought by Kalu to prevent his retrial in an alleged N7.1 billion money laundering case on July 2.

On Wednesday, Justice Inyang Ekwo of the Federal High Court in Abuja, who is hearing Kalu’s objection to his retrial in a case that has been appealed to the Supreme Court, declared that parties in the case will adopt all proceedings filed in the complaint once all respondents have been served.

The senator representing Abia North Senatorial District at the National Assembly to challenge the legality of his retrial in the same charges last February.

As they resumed hearing on Wednesday, Prof. Awa Kalu (SAN), counsel to the former governor, had told the court that the respondents have served on him their counter affidavits.

The counsel to the first respondent (EFCC), Oluwaleke Atolagbe; George Ukaegbu representing the second respondent, and K.C Nwufor for the third respondent, all admitted having filed and exchanged processes.

In a short ruling, Justice Ekwo said since all parties have “joined issues”, the court has taken over control of the case.

Subsequently, the court adjourned to July 2, for adoption.

Kalu, by his suit, is seeking an order of court prohibiting the federal government, through the EFCC, its officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Republic of Nigeria, from retrying him on charge No. FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors, or any other charge based on the same facts de novo, there being no extant judgment and ruling of a competent court in Nigeria mandating same.

According to him, having been tried once by EFCC, convicted and sentenced in the same charges FHC/ABJ/CR/56/ 2007, it will amount to double jeopardy for him if he is allowed to be subjected to a fresh trial on same charge.

The Senate passed the 2021 Supplementary Appropriations Bill (N895, 842, 465, 917) for the second time on Wednesday.

The senators examined the supplementary budget’s broad principles a day after Senate President Ahmad Lawan read President Muhammadu Buhari’s letter requesting the Red Chamber’s approval of the budget.

Funds for military equipment and the COVID-19 vaccine program were included in the extra budget.

After the budget passed second reading, Lawan referred it to the Senate Appropriations Committee, which will report back on Tuesday.

The details of the supplementary budget showed that the Executive proposed to fund N45.63 billion of the N83. 56 billion required for the COVID-19 vaccine programme.

The balance of N37. 93 billion required for COVID-19 vaccines, salaries and other health-related expenditures totalling N41.6 billion and N48.2 billion recurrent component of defence and security will be funded by borrowing N135 billion from some special reserve levy accounts.

The Executive also proposed to fund the balance of N722.4 billion for capital expenditure on defense and security and capital supplementation from new borrowings in the absence of any supplementary revenue sources.

The allegations made by a renowned Islamic cleric, Sheikh Ahmad Gumi, alleging security officers are cooperating with criminals to spread havoc across the country have been termed as “sad and unfortunate” by the Nigerian Army.

Gumi had accused some security employees of providing the armed gangs a “easy landing” on Wednesday when he appeared on Arise TV, emphasising that gunmen would not have had access to firearms without the help of some security personnel.

However, the Nigerian Army spokesman, Brig.-Gen. Onyema Nwachukwu, responded to the allegations in a statement released on Wednesday, saying the remark was a calculated attempt to destabilize the country.

Nwachukwu called on the opinion leaders to demonstrate patriotism in building the peace across the country, ”rather than being agents of distabilisation, thereby aggravating the current security challenges facing the nation.”

The statement reads in parts; ”The Nigerian Army has just been alerted to a submission by Sheikh Ahmad Abubakar Gumi when he featured on ARISE TV Morning Show on Wednesday, 23 June 2021 alleging that the Nigerian Military is colluding with marauding bandits who have been responsible for various crimes and atrocities against Nigerians and the Nigerian state.

”The Nigerian Army (NA) wishes to state that contrary to Sheik Gumi’s claims, the NA remains a bonafide symbol of national unity that has conducted its constitutional responsibilities in the most professional manner in line with global best practices of adherence to the rules of engagement and protection of the fundamental human rights of the citizenry.

”The sweeping allegation peddled by the scholar is not only sad and unfortunate, but a calculated attempt to denigrate the Nigerian military and undermine the sacrifices of our patriotic troops, who are working tirelessly to restore peace and stability across the country.

”It is essential to remind ourselves that these same military, being accused of connivance, are the ones who recently put their lives on the line to rescue abductees of the Government Secondary School, Birnin Yawuri from kidnappers.

”While the NA will not attempt to excuse the possibility of black sheep amongst its fold, it must be stated unambiguously that it will not condone any form of sabotage or aiding and assisting the enemy by any personnel, as provisions for dealing decisively with such acts are crystallised in Section 45 (1) of the Armed Forces Act CAP A 20 Laws of the Federation of Nigeria 2004.

”It must also be pointed out, that while the military is very much receptive to constructive criticism, it should not be perceived as a gateway for derogatory comments that have the potential to embolden criminals. It is also necessary to reiterate that patriotism must be taken to a trajectory where subversive conversations on the state are brought to the barest minimum.”

The statement continued; ”Opinion leaders are enjoined to demonstrate patriotism in building the peace, rather than being agents of distabilization, thereby aggravating the current security challenges facing the nation.

”The NA wishes to reassure law abiding citizens, that troops will continue to conduct themselves professionally in consonance with the code of conduct guiding our operations in all combat engagements, in line with the provisions of the Nigerian Constitution and global best practice.

”Citizens are enjoined to continue to support military operations by providing useful information to defence and security agencies and together we shall rid our society of these criminal elements.”

Security officials are allegedly colluding with the criminals who are spreading devastation across the country, Sheik Ahmad Gumi, a renowned Islamic preacher has said.

Gumi accused some security personnel of providing the armed gangs a “easy landing” when he appeared on Arise TV on Wednesday which our correspondent monitored.

Gunmen would not have had access to firearms without the help of some security employees, according to Gumi, who described banditry as a business.

According to him; “These bandits, if you don’t know, are cooperating with a lot of bad elements in our security system. This is a business. So many people are involved, you’ll be so surprised.”

“They were caught in Zamfara; they were caught everywhere, how do these big weapons cross our borders? How can these big weapons cross our borders and get into the forest without the cooperation of some bad element of the security operatives assisting them? It’s not possible. If I give you the same amount of guns can you take it to the UK? You can’t, because the security is alert.

”Part of fighting this banditry is to overhaul our security system.”

Gumi also said it is unfair to compare bandits and the Indigenous People of Biafra (IPOB).

He said while bandits abduct people for money, IPOB militants attack security operatives and destroy government facilities.

“IPOB is attacking the police, the army, Independent National Electoral Commission (INEC) and other government institutions; killing our men in service.”

“And the herdsmen are kidnapping children not to kill them but to get money; so how can you compare somebody who is killing our gallant men directly to somebody who is kidnapping children to make money and not to kill them. Look, we need some fairness in what we are doing,” he said.