* To arraign on Dec 10 * As Akwa State Govt Withdraws Suit Against Commission For Lack of Merit The N50 billion suit instituted by the Government of the Akwa Ibom State against the Economic and Financial Crimes Commission (EFCC) has just been withdrawn by its Chief Law Officer, the Attorney- General of Akwa Ibom State, Mr Uwemedimo Nwoko. TheNigerialawyer (TNL) gathered that the Government backed out of the case with Suit No: FHC/UY/CS/137/2018, having reviewed the merit of their claim against the anti-graft agency. TNL recalls that the Akwa Ibom State Government had earlier sued the EFCC for defreezing the state government’s account, claiming that the act of the anti-graft agency is unlawful. Upon service of the Statement of Claim and other processes of Court by the Plaintiff, the EFCC through its Counsel, Rotimi Oyedepo, filed a Statement of Defense showing how the treasury of the state was looted and the proceeds of the stealing diverted to the account of the President of the Nigerian Bar Association (NBA), Mr Paul Usoro SAN law firm, PAUL Usoro & Co., as alleged. On the receipt of the defence of the EFCC, and at the resumption of hearing of the matter on Wednesday, for trial, Counsel to the State Government, Mr Assam E Assam, SAN, informed the court of its Notice of Discontinuance filed, and prayed the court to strike out the suit. The EFCC lawyer, Rotimi Oyedepo, also prayed the court to dismissed the suit and award a cost of N1m. Following the interest of withdrawing the case as shown by the State Government, as well as the argument put forth by the EFCC, the Court, per Justice Fatun Odohi Riman, struck out the suit and awarded cost of N10,000 against the State Government. However, in another development, TNL gathered that the Economic and Financial Crimes Commission, (EFCC) has filed a N1.4billion fraud Charge against the President of the Nigerian Bar Association, Mr. Paul Usoro, SAN, at the Federal High Court in Lagos. The anti-graft agency, in the Charge marked FHC/418c/18, alleged that Usoro, converted and laundered the money in connivance with the Akwa Ibom State Governor, Udom Emmanuel. The Charge sheet, signed by EFCC Counsel, Mr. Rotimi Oyedepo, did not list Emmanuel as a defendant. The EFCC indicated that he is currently constitutionally immuned against criminal prosecution, hence, him not sued as a Defendant. Other Defendants in the suit include Nsikan Nkan, described as Commissioner for Finance, Akwa Ibom State; Mfon Udomah, described as the Accountant-General of Akwa Ibom State; Uwemedimo Nwoko, described as the Akwa Ibom State Attorney-General and Commissioner for Justice; and Margaret Ukpe, all of whom are said to be at large. The Commission alleged that Usoro, in connivance with the others mentioned, conspired to commit the offence “sometime in 2015 within the jurisdiction of the honourable court”. The anti-graft agency claimed that the said N1.4bn belonged to the Akwa Ibom State Government. According to Oyedepo, the offences were contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act. Justice Muslim Hassan has therefore fixed December 10, 2018, for the EFCC to arraign Mr. Paul Usoro, to answer to the charge levelled against him and others. TNL recalls that Mr. Usoro had earlier written the Commission, explaining how money received by his firm was gotten. In a well-detailed breakdown of money received, and used, Mr. Usoro stated that the cash was for some matters handled for the State Government and still handling for the state. Lawyers in the same vain have indicated interest of defending the NBA President for the said sum charged as legal fees, TNL had learnt. More than 700 Lawyers have shown their displeasure at the perceived ridiculous questioning by the agency seeking to know why he charged monies running into millions as legal fees. A former president of the NBA was quoted to have said that this is not about Paul Usoro, but the Legal Profession and no agency, not even the NBA itself has the right to regulate Lawyers’ fees. Another lawyer also promised mobilizing lawyers to defend the NBA President even though he never supported his presidency. According to him, it is time the bar rise against the act of agencies questioning lawyers over monies charged as legal fees. Although, rumour has it that the news about the arraignment of the NBA President is false, TNL confirms receiving a mail from the EFCC showing the suit against the NBA President.]]>

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