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Tag: Diezani

  • Magu meets UK authorities, commences Diezani’s extradition process

    The acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu, has met with National Crime Agency in the United Kingdom to kick-start the process of extraditing a former Minister of Petroleum Resources, Diezani Alison-Madueke.

    The EFCC said in a statement that Magu met with the UK official on Thursday to also discuss the efforts of the commission in the recovery of all ill-gotten assets domiciled in foreign jurisdiction by Nigeria’s Politically Exposed Persons.

    “Outside the recovery of assets, the EFCC boss in the course of the high power meeting with officials of the NCA will also present the commission’s position on ways to fast-track the extradition of all PEPs who have found safe havens in foreign jurisdiction,” the statement read in part.

    Magu had explained why the anti-graft agency is bent on extraditing all PEPs.

    “For instance, speaking on the former minister of Petroleum Resources, Mrs Deziani Alison-Madueke, whose process of extradition from the UK has commenced, Magu explained that having waited for three years, the Nigerian government believes that it is time to initiate the extradition process,” the statement added.

    The EFCC said apart from Diezani, there were several other politically exposed persons who have fled the country 2015 when the current administration of President Muhammadu Buhari came on board in May 2015.

    It would be recalled that in 2017, a Federal High Court in Lagos ordered the final forfeiture of N7.6 billion alleged loot recovered by the Commission from the Diezani. The order of final forfeiture to the Federal Government.

     

  • Ex-governor, ex-minister, two others docked for allegedly receiving N450m from Diezani

    The Economic and Financial Crimes Commission (EFCC) on Monday arraigned a former governor of Zamfara State, Mahmud Shinkafi, alongside three others before Justice Fatima Murtala of the Federal High Court sitting in Zamfara on a five-count charge of conspiracy and money laundering.

    Others charged alongside Mr Shinkafi are the former Minister of State, Finance, Bashir Yuguda, Aminu Nahuche, and Ibrahim Malaha.

    The defendants allegedly conspired and received a cash payment of N450 million, part of the $115 million that was allegedly distributed by a former Minister of Petroleum Resources, Deizani Allison-Madueke, for the purpose of influencing the outcome of the 2015 general election.

    One of the charges read that “You Ambassador Bashir Yuguda, Aminu Ahmed Nahuche and Ibrahim Malaha on or about 27th, March 2018, at Gusau, within the jurisdiction of this honourable court conspired among yourselves to receive cash payment of the sum of N450, 000,000 (Four Hundred and Fifty Million Naira Only) from Odia Akpotune without transacting through a financial institution and thereby committed an offence contrary to section 18(a) of the Money Laundering Prohibition Act and punishable under 16(2)(b) of the same Act.”

    All the defendants pleaded not guilty to the charge when it was read to them.

    The counsel to the prosecution, Johnson Ojogbane, requested the court for a trial date in view of the plea of the defendants.

    The defence counsel, J. C Shaka, moved a motion for bail asking the court to admit the defendants to bail pending the conclusion of the matter.

    Subsequently, Mr Ojogbane informed the court that the prosecution had filed counter affidavit praying the court to refuse bail.

    Justice Murtala, after listening to the arguments between the parties, granted the defendants bail in the sum of N5 million each and two sureties in like sum.

    Screenshot_20180528-142519 Screenshot_20180528-142703 Screenshot_20180528-142614

    One of the sureties must be resident within the jurisdiction of the court while the other must own a landed property within the jurisdiction of the court. Both sureties shall be public or civil service not below grade level 16.

    The court also ruled that the defendants deposit their recent passport photographs and international passports with the registrar.

    The case has been adjourned to June 27 and 28 for the commencement of trial while the defendants are remanded in prison custody pending the perfection of their bail terms.

     

  • Malabu Oil deal: AGF Malami writes Buhari, seeks immediate suspension of Adoke, Diezani’s trial

    Malabu Oil deal: AGF Malami writes Buhari, seeks immediate suspension of Adoke, Diezani’s trial

    The Attorney-General of the Federation, AGF Abubakar Malami, has written to President Muhammadu Buhari stating in details why the federal government must suspend the trials of former Attorney-General of the Federation, Mohammed Bello Adoke and former Minister of Petroleum Resources, Diezani Alison-Madueke; both principal actors in the controversial Malabu Oil deal.

    Recall that the raging scandal over the OPL 245 oil block began in 2011 when the Goodluck Jonathan administration allegedly approved its purchase by Shell and Agip-Eni from Malabu Oil and Gas Ltd., a suspected briefcase firm with ties to Dan Etete, Nigeria’s petroleum minister from 1995 to 1998.

    The Economic and Financial Crimes Commission (EFCC) has been pursuing fraud and criminal conspiracy charges against Mr. Adoke, Mr. Etete and their alleged accomplices since 2016. Messrs. Adoke and Etete are believed to be at large, and the anti-graft agency had repeatedly sought to fish them out.

    However, Adoke, Etete, Alison-Madueke and all other officials named in the scandal have denied wrongdoings.

    Adoke in his defence had insisted that the sale was approved to save Nigeria from huge financial losses that could arise from international arbitration lawsuits.

    In his letter to the president, Malami explained that following due examination of the case files, he was able to determine that the EFCC has no significant evidence to prove its allegations of sharp practices against prominent players like Bello Adoke, Diezani Alison-Madueke and others.

    Besides, Malami noted that the Nigerian government risks being portrayed before the international community and foreign investors as an unserious country that could not be trusted to live up to its obligations to international partners

    “Clearly, potential investors will not have the confidence to invest in Nigeria if the government of the country is perceived as one which does not honour its commitments,” Mr. Malami said of the OPL 245 oil deal which was approved by at least three former Nigerian Attorney-Generals.

    The September 27, 2017 letter advised the president to pursue Nigeria’s possible investment in the disputed oil blocks rather than trying to repossess it or prosecute former Nigerian government officials or Shell or Agip-Eni chiefs involved in the deal.

    Read full letter below:

    RE: FORWARDING OF CASE FILE IN RESPECT OF CHARGE NO. FHC/ABJ/CR/268/17 AND FCT/HC/CR/124/2017 MALABU OIL & GAS LTD

    May I refer Your Excellency to the above subject matter, please.

    2. This case file was received from the EFCC in a letter dated 21st December, 2016 for vetting and further directive. Having fully examined the entire case file I am inclined to request you to note the following and direct accordingly.

    3. A curious observation of the entire Malabu story clearly indicates that there are the civil and criminal aspects to the case.

    4. The civil aspect bothers on the skirmishes between the directors of the company which led to the claims that shares of the same directors were divested without their consent thereby taking over their interest. Having examined the cases it is important to note that the cases are pending before the courts and therefore sub-judice; the FGN should await the outcome of the cases- Suit No. FHC/ABJ/CS/201/2017 MALABU OIL & GAS LTD vs. THE FEDERAL GOVERNMENT OF NIGERIA AND & 6 ORS; and Suit No. FHC/ABJ/CS/206/2017 MALABU OIL & GAS LTD vs. MR KWEKU AMAFAGHA & 9 ORS.

    5. In the criminal case, the aggrieved parties through their lawyers petitioned the EFCC against some directors of Malabu Oil and Gas alleging fraudulent divestment of their shares and subsequently depriving them of their benefits in the sale of OPL 245. EFCC investigated the case and filed nine-count charge dated 16th September, 2016.

    6. Attached to the charge are a proof of evidence, case summary and list of witnesses in support of the counts which bother on fraud, conspiracy and money laundering.

    Regarding the criminal charge. Your Excellency is invited to note that the charge as presently constituted may most likely not succeed against the parties for the following reasons:

    a. There is nothing to show that the parties as constituted were at all times working together and having a ‘meeting of minds’ to wit; to forge CAC documents and use same for the purpose of divesting the shares of the complainants and thereafter, enter into a settlement agreement with FGN and other parties to take delivery of the proceeds of sale of OPL 245.

    b. There is also nothing in the proof of evidence to support the charge money laundering and it is therefore impossible for the prosecution to prove the elements which include illicit funds, transfer for such through various channels to re-introduce same again into the regular financial system as legitimate funds in financial institutions etc. Without the express proof of these elements, the count may not be sustained on the premise of the attached proof of evidence.

    c. The EFCC investigation and attached proof of evidence do not appear to have clearly revealed the case of fraud against the parties who claimed to have acted in their official capacities with the approval of three consecutive presidents of the federal government of Nigeria at the time with further claim that the matter was intended to be resolved in national interest thereby saving the nation acrimonious litigations resulting in high legal fees and the dormancy of the oil field while litigation lasted.

    d. In this regard, the Public Officers Protection Act CAP P41 Laws of the Federation of Nigeria, 2004 limits liability of Public Officers to a period of three months much naturally come to mind considering their claim that the acts which are complained of were authorised by the three presidents before this current administration.

    7.”Your Excellency, the beneficial approach I counsel in the circumstances is for the federal government to take advantage of the terms of the agreement under clauses five and 11 to acquire a stake in the OPL 245 converting it to a production sharing contract (PSC) between FGN/NNPC, Shell and Agip after negotiating with the ENI/Shell to absorb the cost of the FGN/NNPC entry under the said clauses five and 11 through the PSC mechanism,” Mr. Malami said.

    8. The idea of revisiting the settlement agreement which resulted in the sale of the oil field to SNUD, SNEPCO and NAE is not workable. It is important in this regard for His Excellency to note the following:

    a. The agreement was executed by the highest authority in Nigeria and remains sacrosanct unless it is eventually set aside by the decision of a competent court of law and denying the parties immediate benefit of reaping the fruit of their investments. The agreement has its mechanism for compensation in the event of any of the rights conferred to ENI or SHELL are challenged or violated. For the FGN to revisit the agreement, the consent of Shell and ENI will be required.

    It is very unlikely that the consent will easily be obtained but rather they would rely on the protection afforded in the contract, and any unilateral effort by FGN to vary the terms of the agreement would probably open up a new bout of litigation, deter further investment, give rise to a claim for damages and payment of huge legal fees. Your Excellency may wish to note some of the FGN’s representations and assurances in the clauses 12, 13 and 17 of the agreement.

    “12. FGN confirms that the terms of this FGN resolution agreement have been agreed by all the appropriate agencies of the FGN including the Ministry of Finance and the Federal Inland Revenue Service.’

    “13. FGN acknowledges that, in entering into this FGN resolution agreement, the other parties have relied on its expressed or implied representation before the signature of this FGN resolution agreement regarding the efficacy of the terms thereof.”

    “17. FGN shall indemnify, save and hold harmless, and defend SNUD, SNEPCO and NAE from and against all suits, proceedings, claims, demands losses and liability of any nature or kind, including, but not limited to, oil litigation costs, attorneys’ fees, settlement payments, damages, and all other related costs and expenses, based on, arising out of, related to or in connection with: (i) this FGN resolution agreement. (ii) the resolution agreement/ (iii) the issuance of the oil prospecting license in respect of Block 245 jointly in the name of SNEPCO and NAE and arising out of any asserted prior interest in Block 245.”

    9. The above commitments are binding on the FGN. ENI/Shell legitimately expects that the FGN would respect the commitments. Failure by the FGN to respect them would cast Nigeria in a very bad light internationally and negatively impact the FGN’s quest for foreign investments. Clearly, potential investors will not have the confidence to invest in Nigeria if the government of the country is perceived as one which does not honour its commitments (captured in an agreement signed by three of its ministers).

    10. ENI/Shell claims to have invested in excess of US $2.5 billion in OPL 245 from 2011 to date and as such would seek the protection of international law, including applicable investment treaties which prohibit the unreasonable, unfair and inequitable treatment of their investments and could expose FGN to international arbitration involving multi-billion dollars claims.

    11. As the FGN/NNPC relies on the provisions of the resolution agreement, charges preferred against ENI/Shell companies and employees would necessarily have to be withdrawn as continuing with the charges will be inconsistent with the spirit of the relevant clauses of the resolution agreement which will enable FGN to obtain immediate interest in OPL 245. Regardless, as submitted in paragraph five and six above, the charges as constituted and filed by the EFCC are unsustainable.

    12. Accept the assurances of my warm regards and loyalty, always.

    Abubakar Malami, SAN

    Honourable Attorney-General of the Federation & Minister of Justice.

    DPPA/FMPR/198/17
    September 27, 2017.

  • $1.3bn NNPC cash: Diezani breaks silence, says ‘I acted on Jonathan’s instructions’

    Former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke on Thursday said she acted on the instructions of ex-President Goodluck Jonathan in directing the Nigerian National Petroleum Corporation (NNPC) to release $1.3billion to the Office of the National Security Adviser (ONSA).

    She said it was not within the power or discretion of any minister to question or disregard the written directive of a president.

    The ex-minister made the clarifications through a statement by her Media Adviser, Mr. Clem Aguiyi, against the backdrop of the ongoing probe of the withdrawal of $1.3billion from the accounts of NNPC to fight kidnapping and other security threats in the Niger Delta.

    Although about $1.4billion was requested by the Office of National Security Adviser (ONSA) via three memos, for “Intervention for Urgent National Security Projects”, about $1.3billion was released from NNPC’s accounts.

    But it was unclear what became of the $100million balance as at press time.

    ONSA requested for $1.4billion between March 27, 2014 and May 5, 2014 when approval was given and cash-backed.

    Three memos were sent to Dr. Jonathan on March 27, 2014, 31st March 2014 and May 5, 2014.

    Mrs. Alison-Madueke stressed that she could not be held liable for carrying out a presidential directive.

    The statement said: “The attention of Mrs. Diezani Alison-Madueke, the former Minister of Petroleum, has been drawn to a story in The Nation Newspaper of Monday 22nd January, 2018 as well as other print and online media titled “Diezani in trouble again over withdrawal of $1.3b from NNPC accounts”.

    “Under Section 5 of the Constitution, all executive powers are vested in the President who may exercise it directly or through the Vice President or Ministers of the Federation. As Minister for Petroleum Resources Mrs. Alison-Madueke was an appointee and delegate of the President.

    “Consequently, the Minister of Petroleum Resources acted on the basis of the written approvals and directives given by the President, which approvals were given after written requests from the relevant security agencies were made to the President.

    “At such instances, as in fact the article clearly shows, a Service Chief or Intelligence Chief makes a written request/appeal to Mr. President, outlining whatever urgent and critical security needs of the nation they consider imminently paramount, at any given point in time.

    “If such a request received the approval of the President, the President may direct that the requested funds be drawn from a Security Budget maintained by NNPC, or that the funds be sourced from elsewhere.

    “Where the President directs the Minister of Petroleum Resources, in writing, to make the payment from the NNPC, the Minister, in turn, directs the GMD NNPC in writing to execute the directive of the President. NNPC then wires the funds from one of its major foreign bank accounts, or from the CBN, directly to the stipulated account of the particular branch of the armed services, or intelligence unit, or department, that initiated the request.

    “It is not within the power or discretion of any serving minister to question or disregard the written directive of a president including that of the incumbent President”

    The former Minister stated that at no time, did she, or could she, as the Minister of Petroleum Resources, interfere with this process.

    Mrs. Alison-Madueke said since the disbursement of $1.3billion was traceable, it was wrong to assume that it was diverted.

    “It is, therefore, impossible and implausible, for any monies under such presidential directives to be diverted during the process, at least from the standpoint of the minister.

    “Any and all amounts approved and directed by Mr. President to be paid, were executed exclusively by NNPC, directly from NNPC’s foreign and or, Central Bank of Nigeria accounts, to the stated recipients.

    “Therefore, let it be very clear, that all funds disbursed by these banking institutions on behalf of NNPC are easily and openly traceable, and the process cannot and should not be utilised for the distortion of facts,” the statement said.

     

  • Diezani lands in fresh trouble over withdrawal of $1.3b from NNPC accounts

    Economic and Financial Crimes Commission (EFCC) detectives have just traced another withdrawal of $1.3billion from the accounts of the Nigerian National Petroleum Corporation (NNPC), to former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke.

    The withdrawal according to EFCC was neither authorised by the National Assembly nor the Federal Executive Council (FEC).

    The former Coordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, is also believed to be unaware of the deductions from the NNPC accounts.

    The ex-Minister only relied on a memo from ex-President Goodluck Jonathan without recourse to the board of the NNPC.

    A former Group Executive Director, Finance and Accounts of NNPC, Mr. Bernard Otti, has been quizzed by EFCC detectives.

    Otti is said to have also made available to the EFCC some documents, including approvals to withdraw the $1.3billion by Mrs Alison-Madueke.

    In two other instances, Jonathan wrote on two other requests mandating the former minister to take part of the cash from either NNPC Security Vote Account or from the “Gas Fund”.

    According to sources, EFCC operatives were almost closing up the probe of the ex-Minister when the withdrawal of the $1.3billion was uncovered.

    About $1.4billion was requested by the Office of the National Security Adviser (ONSA) via three memos, for “Intervention for Urgent National Security Projects.”

    About $1.3billion was released from NNPC accounts but it was unclear what became of the $100million balance as at press time.

    ONSA had requested for $1.4billion between March 27, 2014 and May 5, 2014 when approval was given and cash backed.

    About three memos were sent to ex-President Jonathan on March 27, 2014, 31st March 2014 and May 5, 2014.

    In the first memo, of March 27th, 2014, the former National Security Adviser, Mr. Sambo Dasuki, requested for $1billion to fight kidnapping, crude oil theft and petroleum pipeline vandalism.

    The memo to Jonathan, which was titled “Request for intervention for urgent National Security Projects”, said: “Your Excellency, apart from the insurgency in the Northeast, the country is also contending with some other security challenges, such as crude oil theft, sea piracy, kidnapping as well as petroleum pipeline vandalism.

    “These challenges have greatly affected revenue profile of the nation and our international image.

    “Our gas pipeline network has also come under serious threat as the scourge of vandalism has spread to the gas sector. Apart from the volatility of gas and its potential for collateral damage, especially environmental degradation, shortage of gas will constitute a serious setback to Government’s power generation efforts.

    “Additionally, Mr. President had promised during the 30th meeting of NEPAD Heads of State and Governments Orientation Committee that the Trans-Saharan Pipeline Project from Nigeria to Algeria will be completed in 2015. The security of the Nigerian end of this pipeline network is critical to the success and smooth running of this gas project.

    “Further to Mr. President’s support so far in our fight against terrorism, there is urgent need to raise our intelligence gathering efforts to more strategic levels.

    “It is therefore pertinent that a holistic approach is applied to solving these challenges highlighted above. To ameliorate the above mentioned challenges, some reputable companies have been identified to provide the following:

    (a) An integrated maritime domain awareness platform that can be integrated into enforcement platform of the Navy and other agencies to help check crude oil theft, sea piracy and kidnapping as well as Offshore pipeline vandalism.

    (b) An Onshore petroleum and gas pipeline surveillance and monitoring solution.

    (c) Unmanned aerial platforms for strategic intelligence gathering.

    (d) Mobile radars for aerial coverage by the Nigerian Air Force

    (5) In view of the foregoing, Mr. President is kindly requested to approve the provision of $1billion intervention funds to enable the urgent provision of the above-mentioned services. Please accept, Your Excellency, the assurances of my highest esteem.”

    Commenting on the ONSA memo, ex-President Jonathan on March 31, 2014 approved the release of $1billion. He said: “HMPR, NSA, Paragraph approved.”

    A follow-up memo on March 31, 2014 to Mrs. Alison-Madueke and the ex-NSA conveyed the approval.

    The memo, signed by a former Senior Special Assistant (Admin) Matt Aikhionbare, said: “RE: Request for intervention projects for urgent National Security Projects.” Reference: (A) Letter NSA/SH/600/A dated 27th March 2014 on the above subject matter. I am directed to forward Reference A to you and to convey to you Mr. President’s approval of Paragraph (5). Humbly submitted for your further action sir.”

    In spite of the initial approval, ONSA on April 9, 2014, via a memo NSA/SH/600/A asked for a fresh $200million.

    The second memo said: “Your Excellency, please refer to your letter PRES/88-3/MPR/716/149/NSA/ 634 of 31st March 2014 on the above subject. During our review of the process, we realised a few gaps in the assessment of the protection of the gas pipelines, which will likely render the entire protection plan incomplete as the inland gas network was not considered.

    “In view of this, I crave the indulgence of Mr. President to please approve an additional $200million only to enable a thorough security of the pipelines. Please, accept, Your Excellency, the assurances of my highest esteem.”

    Following the receipt of a second memo, the ex-President wrote: “Approved. Honourable Minister of Petroleum Resources to release funds from the “Gas Fund”.

    In a third memo of May 5,2014(NSA/SH/ 600/A), the ex-NSA applied for additional $250million to be sourced from the account of the National Petroleum Investment Management Services (NAPIMS), which is a subsidiary of NNPC.

    The memo states: “Your Excellency, in our efforts to continue building capacity for our counter-terrorism efforts, it is pertinent we appropriately and speedily respond to challenges thrown up by the insurgents. This is in addition to several proactive measures already in place by government through the security forces. In view of the above, there is need for urgent intervention in the following areas:

    (a) Provision of at least 15,000 ballistic vests and helmets to be issued to all troops in the operations

    (b) Provision of 15 mobile scanners to cover entrances to Abuja and strategic cities in the North.

    (c) Purchase of urgently needed ammunition for the Nigerian Air Force.

    (d) Purchase of ammunition for the Nigeria Police

    (e) Purchase of Night Vision Goggles for both the Army and the Air Force.

    “To achieve the above-listed objectives, it is estimated that the sum of $250million only will be required. The money could be released from the security funds held by the National Petroleum Investment Management Services (NAPIMS).

    “In view of the above, Mr. President is kindly requested to direct the release of $250million only for the above-mentioned subject. Please accept the assurances of my highest esteem.”

    In his response, the ex-President directed as follows: “Please, release US$200m only from NNPC Security Vote.”

    A highly-placed source in EFCC, who spoke in confidence, said: “Investigation so far confirmed the withdrawal of the $1.3billion from some accounts of the NNPC abroad. But there are sufficient clues of suspected money laundering by the ex-Ministers of Petroleum Resources and some government agencies who used ONSA as a platform.

    “There is no evidence of projects executed with the cash. Instead, some of the cash were wired into a few banks by these individuals.

    “We have also grilled a former Group Executive Director, Finance and Accounts of NNPC, Mr. Bernard Otti who has cooperated with our investigators by making necessary documents available. We will keep you posted on this case.

  • Estate agent who helped Diezani buy properties in UK arrested

    An estate agent who assisted ex-minister, Diezani Alison-Madueke, to buy properties in the UK has been arrested in Lagos.

    According to Premium times, Adeyemi Edun was detained upon arrival in Nigeria on Wednesday and is currently being held at the EFCC office in Ikoyi, Lagos.

    It was learnt that Edun was named in U.S. court documents as having links to an alleged money laundering scandal swirling around Mrs. Alison-Madueke.

    The court papers said he had ‘assisted’ various Nigerian businessmen with the purchase of £8.3m of prime London real estate intended ‘for the use and benefit’ of Mrs. Alison-Madueke in March 2011.

    The former petroleum minister is held up in the UK for money laundering.

  • Court adjourns hearing on Diezani’s $4.760m property forfeiture case till February

    The hearing of an application to forfeit two penthouses valued at $4.760m allegedly belonging to former Petroleum Resources Minister Mrs Diezani Alison-Madueke was stalled at the Federal High Court in Lagos on Friday.

    Neither the applicant, the Economic and Financial Crimes Commission (EFCC), nor the respondents were represented when the case called for hearing before Justice Mojisola Olatoregun.

    A new date, February 12 next year, has been fixed for the hearing.

    The court, on December 5, ordered the temporary forfeiture of Penthouse 21, Building 5, Block C, 11th floor (Bella Vista Estate) Banana Island, Ikoyi, and Penthouse 22, Block B (Admiralty Estate) also in Ikoyi, Lagos.

    EFCC said the properties were reasonably suspected to have been acquired with “proceeds or crime”.

    Mrs Alison-Madueke, Donald Amangbo, Schillenburg LLC and Sequoyah Property Limited are the respondents.

    The commission said the companies in whose names the companies were acquired belong to the former minister.

    An investigator, Abdulrasheed Bawa, who deposed to a supporting affidavit to the ex-parte motion, said sometime in 2016, a search warrant was executed at Amangbo’s premises.

    He said Amangbo was “an acquaintance of former Minister of Petroleum Resources Mrs Alison Madueke.”

    The investigator said one of the documents recovered from Amamgbo led the operatives to the Deputy Managing Director YF Construction Development and Real Estate Limited, Mr. Fadi Basbous.

    The deponent said Basbous made a statement where he stated that the two properties were sold at $3.570million and $1.194 million and are owned by Sequoyah Properties Limited and Schillenburg LLC.

    Bawa said the properties were paid for by Mrs Angela Jide-Jones and Atlantic Energy Drilling Concept Limited.

    According to him, Mrs Jide-Jone was married to Mrs Alison-Madueke’s associate, Jide Omokore, who registered and promoted Atlantic Energy Drilling Concept.

    The EFCC investigator said Omokore paid for the properties through his wife, Angela.

    According to the operative, Omokore allegedly directed the developer (seller) to sign the agreements with Schillenburg LLC and Sequoyah Properties.

    The deponent said Schillenburg LLC was registered in Hongkong and was transferred on March 30, 2012, to Amamgbo as sole owner.

    According to the EFCC investigator, Amamgbo stated in his statement that he incorporated Schillenburg LLC and handed it over to Mrs. Alison-Madueke “for a transaction”.

    The deponent added that Sequoyah Properties “is among 18 companies registered by Donald Chid Amangbo for holding the properties of Mrs Diezani Alison-Madueke”.

  • EFCC rejects Diezani’s application for trial in Nigeria

    The Economic and Financial Crimes Commission (EFCC) Monday opposed an application by former Minister of Petroleum Resources Mrs Diezani Alison-Madueke seeking to return to Nigeria to face trial.

    A Senior Advocate of Nigeria (SAN) Dele Bolgore, with whom she was charged, also urged the court not to grant it.

    The former minister, currently in London where she is being investigated for money laundering, is praying the Federal High Court in Lagos to order the Federal Government to facilitate her return to Nigeria to stand trial.

    She said if she would not be made a defendant in the case, her name should be removed from the charge.

    Mrs Alison-Madueke is asking for an opportunity to defend allegations against her in a charge filed against her, Belgore and a former minister of National Planning Prof Abubakar Suleiman.

    The prosecution said Alison-Madueke allegedly shared $115,010,000 (about N35billion) to different individuals in 36 states ahead of the 2015 general elections.

    EFCC accused Belgore and Suleiman of directly receiving N450million in cash from Alison-Madueke. They pleaded not guilty.

    Mrs Alison-Madiueke was not listed as a defendant, but was named in the charge as being as large.

    Arguing the application before Justice Rilwan Aikawa Monday, her lawyer Mr Onyechi Ikpeazu said his client was more or less a defendant in the case because there is a complaint against her.

    He said it was in the interest of justice and fair hearing to allow her to defend herself in four of the counts.

    “It is the fundamental right of the applicant that a criminal proceeding of this nature should not go on in her absence,” he said.

    Ikpeazu added that if EFCC does not wish to try or give her an opportunity to defend herself by listing her as a defendant, then the prosecution should expunge her name from the charge.

    “We have no objection if her name is extracted from the charge and the case goes on,” he added.

    The Senior Advocate cited a case at the court’s Abuja division involving the Federal Government and Olajide Omokore in which Mrs Alison-Madueke was mentioned in the charge but was also said to be at large.

    He said when she brought a similar application to be listed a defendant, Justice Nnamdi Dimgba struck out the count in which she was named.

    Ikpeazu urged Justice Aikawa to be persuaded by Justice Dimgba’s ruling.

    But, opposing the application, the prosecuting counsel Mr Rotimi Oyedepo said it was a “violent abuse of court processes.”

    “The application is frivolous and is intended to annoy the parties,” he said.

    Oyedepo argued that based on Section 269 of the Administration of Criminal Justice Act, the prosecution can only amend a charge by adding to the counts or reducing them, not adding a defendant.

    He said if any amendment is allowed at this stage, two witnesses having been already called, the trial would start de novo (afresh).

    To him, that would occasion a miscarriage of justice.

    Besides, Oyedepo said Mrs Alison-Madueke was not even within the court’s jurisdiction having admitted in her application that she was in London.

    The EFCC lawyer said the former minister was given an opportunity before trial commenced to answer the charge, but she allegedly escaped.

    “Immediately she got to know about the investigation of this case, she absconded from Nigeria. Upon realising that she is in London, we made effort to meet her interview her there.

    “But she has always refused to meet with our team members. Her lawyer in London, one Mr John Beans, said the team would not be permitted to meet her because she’s outside jurisdiction,” Oyedepo said.

    The lawyer said the application was, therefore, “misconceived and belated”.

    According to him, apart from the prosecution who would suffer avoidable delay, the defendants would also be prejudiced.

    Oyedepo said the trial should be allowed to go on without her, adding that whenever she returns to Nigeria, she would be charged.

    “This application is intended to delay this case,” Oyedepo said.

    Belgore’s lawyer Mr Ebun Shofunde (SAN) also opposed the application, saying Mrs Alison-Madueke was not a “necessary party” to the case.

    “Without the applicant being a party, what the court will determine is the guilt or innocence of the first and second defendants.

    “The court does not require the presence of the applicant to determine their guilt or innocence,” he said.

    Sofunde added that it would be “unjust” for a trial that started in February to begin all over again when the applicant had no excuse for waiting so long.

    “I urge the court to dismiss the application,” he said.

    Replying on points of law, Ikpeazu said the fact that Alison-Madueke was just bringing the application was “secondary”.

    He said there was nothing to show that she was aware of the charge, and insisted that “the applicant is a defendant because there’s a complaint against her.”

     

  • EFCC operatives forced me to admit taking N30m from Diezani – INEC official

    An ex-Administrative Secretary with the Independent National Electoral Commission, INEC, Mr. Christian Nwosu, on Thursday alleged that operatives of the Economic and Financial Crimes Commission, EFCC forced him to admit receiving a N30m bribe from the former embattled Minister of Petroleum, Mrs. Diezani Allinson-Maduekwe to compromise results of the 2015 general elections.

    Nwosu, who is being prosecuted before the Federal High Court in Lagos for the alleged bribery, claimed that the three confessional statements he made to the Commission on December 28, 2016 and March 15 and 22, 2017 were not done voluntarily.

    He claimed to have been threatened and cajoled to make the confessional statements, adding that he was not given the opportunity to consult his lawyer before he made the statements.

    He, however, admitted that he signed for and collected N30m from Fidelity Bank.

    Nwosu stated this on Thursday while being led in evidence by his lawyer, Mr. Victor Opara, during a trial-within-trial ordered by Justice Mohammed Idris to test the voluntariness of three confessional statements he made to the EFCC.

    The EFCC accused him of conspiring with two other INEC officials to take a total bribe of N264.88m from Diezani to compromise the election.

    He had earlier pleaded guilty to the charges and opted for a plea bargain, after which the EFCC told the court that it had already recovered N5m cash and a landed property worth N25m from him.

    But Nwosu later abandoned the plea bargain after Justice Idris rejected the N500,000 fine proposed for him as punishment by the EFCC.

    Justice Idris had held that by virtue of Section 16(2)(b) of the Money Laundering (Prohibition) Act, under which Nwosu was charged, he was supposed to pay a fine of N10m or go to jail for two years.

    At his resumed trial on Thursday, he maintained that he never voluntarily entered into a plea bargain with the EFCC but was cajoled to do so.

     

  • N500m fraud suit: Court to hear Diezani’s application October 30

    N500m fraud suit: Court to hear Diezani’s application October 30

    Justice Rilwan Aikawa of Federal High Court in Lagos will on October 30 hear an application by a former Minister of Petroleum Resources, Diezani Alison-Madueke, seeking to be joined as defendant in money laundering suit.

    The former minister is seeking to be joined as defendant in a N500 million fraud charge slammed on Senior Advocate of Nigeria (SAN), Dele Belgore.

    The Economic and Financial Crimes Commission (EFCC) had also joined in the charge, former Minister of National Planning, Abubakar Suleiman.

    In essence, Mrs. Allison-Madueke wants the court to compel the Attorney General of the Federation (AGF) to bring her back to Nigeria from UK, where she has been since 2015, to put up her defence in the case.

    The EFCC had in a five-count amended charge, named former petroleum minister as culprit in the criminal trial of Messrs. Belgore and Sulaiman over alleged N500 million fraud.

    She was, however, described as being “at large “.

    The anti-graft agency claimed that the N500 million was part of 115 million dollars which the former minister allegedly doled out to compromise the 2015 general elections.

    Earlier efforts by Mrs. Allison-Madueke’s lawyer, Obinna Onya, to move his application on Tuesday, was turned down by Mr. Aikawa on the grounds that he was yet to serve same to all parties.

    The judge said he could only hear the application after all parties had been properly served.

    The lawyer also earlier contended that contrary to declaration by EFCC that Mrs. Allison-Madueke was at large, the former minister was in UK and was willing to return to Nigeria to defend the charges.

    He insisted that since his client’s name had been mentioned in the charge, it would be unfair to allow the case to proceed without affording her the opportunity of self defence.

    On Wednesday’s proceedings, EFCC’s lawyer, Rotimi Oyedepo, informed the court that he had now been served with the application.

    The court earlier took arguments from parties on the propriety or otherwise of admitting a document containing electronic mail communication between Mrs. Allison-Madueke and a bank managing director.

    Mr. Oyedepo sought to tender the document (mail) during examination of the second prosecution witness, Usman Zakari.

    Opposing the request, however, defence lawyers — Ebun Shofunde (SAN) and Olatunji Ayanlaja (SAN) — contended that the document was not admissible because it did not meet the requirement of the Evidence Act.

    They argued that the prosecution had not placed any material facts before the court to confirm the genuineness of the signature on the face of the document.

    In urging the court to admit the document, the EFCC’s lawyer said the objection to the admissibility of the document by the defence was misconceived.

    He argued that the certificate accompanying the document substantially complied with the provisions of Section 84 of the Evidence Act.

    Mr. Oyedepo further submitted that the document sought to be tendered was certified by the officer in whose custody the mail attached to the certificate was generated.

    He argued that an investigative officer such as witness in the box, could tender documents he received in the course of investigation.

    He submitted that the document sought to be tendered was relevant to the case and urged the court to admit same.

    After entertaining arguments from parties, Mr. Aikawa adjourned ruling and continuation of trial till October 30.

    In the amended charge, the former petroleum minister was alleged to have conspired with Messrs. Belgore and Sulaiman on or about March 27, 2015, to directly take possession of N450 million, which they reasonably ought to have known formed part of proceeds of unlawful act.

    The trio were also alleged to have taken the said fund in cash, which exceeded the amount authorised by law, without going through financial institutions.

    Messrs. Belgore and Sulaiman were also alleged to have paid N50 million to Sheriff Shagaya without going through any financial institution.

    The offences contravened the provisions of sections 15(2)(d), 1(a), 16(d) and 18 of the Money Laundering (Prohibition) (Amendment) Act, 2012.