TheNewsGuru

Tag: EFCC

  • JUST IN: Appeal Court bans EFCC from investigating serving judges

    The Lagos Division of the Court of Appeal has ruled that the Economic and Financial Crimes Commission (EFCC) does not have powers to investigate or prosecute serving judicial officers except where such officers have been dismissed by the National Judicial Council.

    The judgment was delivered in a suit between the EFCC and a judge of the Federal High Court, Hydiazira Nganjiwa.

    The appellate court’s decision overturned the earlier decision of a high court in Lagos.

    Many serving judges including from the Supreme Court are currently being prosecuted for corruption by the EFCC.

    Details later…

  • Mainagate: Magu opens up, says EFCC recovered N2.8b cash, luxurious assets from pension thieves

    …Says Magu is still wanted by the agency

    …Denies re-looting recovered assets

    …blasts Senate committee for indicting it of sharing recovered asset

    The Acting Chairman of the Economic and Financial Crimes Commission (EFCC’S), Ibrahim Magu on Saturday confirmed that over N2.8billion was recovered from suspected pension thieves in the Office of the Head of the Civil Service of the Federation and Police Pension Office.

    According to Magu, the cash component excludes many choice assets placed either under permanent or interim forfeiture by courts.

    Besides, he insisted that none of the assets seized by the EFCC was re-looted by the operatives of the commission under any guise.

    Magu, in a bare it all fact-sheet he made available to the National Assembly to clear the air on the controversy on the assets seized from pension fraud suspects challenged the brains behind the rumour of re-looting to go “the whole hog to name the “ghost” officials that engaged in this “sharing” of pension booty, and the place and time the “sharing” took place.”

    He insisted that former Chairman of the Pension Reform Task Team, Mr. Abdulrasheed Maina remains wanted by the anti-graft agency.

    But he said Maina’s $2million Abuja mansion and six others have been placed under interim forfeiture.

    Details of Maina’s alleged assets are contained in the document.

    Magu said there was no cause for alarm because all seized assets were well-documented.

    He said what was playing out was a “diversionary gambit intended to befuddle ongoing inquiry over the Maina reinstatement saga by smearing anyone or agency that is capable of unmasking the real pension thieves.”

    Magu said: “The suspects investigated in the Police Pension fraud from whom assets were seized, include: Atiku Kigo, Esai Dangabar, Ahmed Inuwa Wada, Veronica Oyegbula, Uzuoma Cyril Attang, Sani Habila Zira, John Yusuf and their associated companies and persons.

    “In the pension office of the Office of the Head of the Civil Service of the Federation, those from whom properties were recovered are Shaibu Teidi, Phina Chidi, Abdul Mohammed, Emmanuel Olanipekun, Aliyu Bello and their associated companies and persons.

    “The assets seized from these suspects are in two categories. There are assets that are under interim forfeiture which means that they are temporally seized pending the determination of the substantive cases in court.

    “Such assets cannot be dissipated because the cases are pending in court. The reality is, most of the assets recovered from pension fraud suspects belong in this category.

    “The cash element of the recoveries is also carefully documented. The total funds recovered stand at N2, 886,743,016.71; $3,017,556.73; and €3,385.40.

    “The sum of N16, 185,131,847.09 which was recovered from an illegal account in an old generation bank has since been remitted to the office of the Head of Service, while N369, 558,640.99 represents the cash component of John Yusuf’s final forfeiture. There is no opacity regarding the Commission’s handling of the assets recovered from suspects of pension fraud. The fact speaks for itself.”

    On the properties confiscated from suspected pension thieves, Magu said they are being managed in a transparent arrangement put in place by the Assets Forfeiture Department of the Commission.

    He said Etudo & Co. Estate Surveyors & Valuers, a reputable estate management firm, was engaged to manage the assets, with the exception of assets recovered from Essai Dangabar, which are being managed by Court Registrar based on Court Order.”

    He added: “All but one of the assets recovered from suspects in the pension office of the Office of the Head of the Civil Service of the Federation is under interim forfeiture.

    “The exception is Brifina Hotel, which was recovered from Shaibu Teidi. He denied ownership of the property and the court ordered its final forfeiture to the Federal Government. The property has since been handed over to government and is now being used as office by some agencies of government including the Pension Transitional Arrangement Directorate (PTAD).

    “It is only assets recovered from John Yusuf, who was convicted under a plea bargain arrangement for fraud in the Police Pension office that have been permanently forfeited to the Federal Government. These assets are 32 units in number.

    “The assets, both those under interim forfeiture and the few under final forfeiture, are being managed in a transparent arrangement put in place by the Assets Forfeiture Department of the Commission. Etudo & Co. Estate Surveyors & Valuers, a reputable estate management firm, was engaged to manage the assets, with the exception of assets recovered from Essai Dangabar, which are being managed by Court Registrar based on Court Order.

    “The proceeds of rent on the properties that had successfully been let out by the firm are fully documented and available in the recovery account of the Commission.”

    Magu said the assets recently seized from Maina were not yet captured in the Interim/Final forfeiture analysis by the anti-graft agency.

    He also gave the details of investigation on Maina and what EFCC detectives uncovered.

    He insisted that there is still a subsisting warrant of arrest against Maina.

    He said: “Recoveries not captured in the interim/final forfeiture analysis, include those that were recently recovered from Maina in Abuja and Kaduna.

    “They include seven properties in Kaduna. The properties are a two- storey commercial building located on Ibrahim Taiwo Road, a bungalow located on Katuru Road, and four separate properties located on Kano Road in Kawo New Extension, Kaduna. The other property which is still under construction is a set of four one-storey block of flats located at No. 5, Sokoto Road adjacent to the Zamfara State Governor’s Lodge, Kaduna. Other properties linked to Maina include No. 12, 11th Road, Kado Estate, Abuja; No. A5 Omenai H.O (B Close) Kado Estate; No. 9, Eneli TCM Close, (A Close) Kado Estate; No. 8, Kolo S Close (A Close) Kado Estate; Luxury apartments (eight blocks of flats; six units of three bedrooms; two units of two bedrooms) located at Plot 965, Cadastral C2, Life Camp, Abuja and a sprawling edifice located at No. 10 Hamisu Musa Road, Jabi, Abuja.

    “Maina had a total inflow of over N2.7 billion between 2010 and 2013, with 95 per cent of the deposits being in cash. It was discovered that Faizal Abdullahi’s Account (his son), had a turnover of over N1.5 billion in less than a year.

    “It should also be noted that Maina operated these accounts through telephone and email messages.

    Most of the funds were converted to foreign currencies through Bureau De Change and delivered to Maina in cash.

    “Part of the funds was used to purchase properties, including the house at No. 10 Hamisu Musa Road, Jabi which he bought for $2 million in cash. Maina has failed to respond to invitations by the EFCC and he has been put on the Interpol Red Notice. Presently, there is a subsisting warrant of arrest against Maina.”

    Magu expressed regrets that the public was misinformed by some lawmakers and some unnamed agents of Maina on the status of assets recovered from suspects in pension fraud cases investigated by the EFCC.

    “The EFCC views with grave concern, the manner in which the allegation, made by unnamed person(s) in close-door session before the committee, was publicly orchestrated at the Senate plenary without the commission having the opportunity to respond. The omission has tragically led to misinformation regarding the status of recovered pension assets. This is unwarranted.

    “It should be stated that there had been no controversy regarding the status of assets recovered from suspects in pension fraud cases investigated by the commission.

    “These assets are well documented, and their current status has been communicated to the relevant organs of government.

    “Had the Senate exercised restraint and sought information on the status of the assets, it would certainly have been obliged, and the nation spared the ordeal of the abominable frenzy over pension assets that were supposedly “shared” by unnamed “officials of the EFCC”.

    “The purveyors of the salacious tale should have gone the whole hog to name the “ghost” officials that engaged in this “sharing” of pension booty, and the place and time the “sharing” took place.

    “They also did not list the properties that were supposedly recovered by Adbulrasheed Maina and handed over to the EFCC. They equally failed to indicate when the properties were handed over to the EFCC by Maina.

    “The failure to provide this information is clear indication that what is playing out is diversionary gambit intended to befuddle ongoing inquiry over the Maina reinstatement saga by smearing anyone or agency that is capable of unmasking the real pension thieves.”

    “The EFCC has no record of any collaboration between it and the Maina–led Pension Reform Task Team in the investigation of pension fraud.

    “The only link between the EFCC and Maina was the participation of a few staff of the Commission in biometric verification exercise by the Maina Task Team. The leader of the EFCC team at the time was Col. I.D. Sule (retd.), a contract staff who was head of the Commission’s Servicom Unit.

    “The verification exercise was not a criminal investigation and no asset was recovered in the process.

    “It follows that if the EFCC did not receive any assets from Maina, its officials could not have shared what never existed? Again, those who claim that there was “sharing” of assets are at liberty to state which assets were “shared”, when the “sharing” took place, who supervised the “sharing”, and who got what.

    “As far as the Commission is concerned, all the assets recovered from pension fraud suspects, currently at the disposal of the EFCC, are products of its independent investigation.

     

  • Seized $15.5million: Patience Jonathan begs court to de-freeze account

    Former First Lady, Dame Patience Jonathan, has refiled a suit seeking to vacate a no debit order placed on her account containing $15.5 million at Skye bank Plc by the Economic and Financial Crimes Commission (EFCC).

    The rifling of the suit was sequel to an order issued by Justice Mohammed Idris of a Federal High Court in Lagos on 8 May ordering her to refile the suit through writ rather than by originating summons.

    At the resumed hearing of the matter today , Justice Idris granted an application by the former first lady seeking an extension of time within which to reply to the EFCC’s statement of defence.

    The judge subsequently fixed 19 January 2018 as the date for the hearing of the suit.

    While ordering the refiling of the suit, Justice Idris held that it will not be proper for the former first lady to commence the suit by way of originating summons since issues surrounding the ownership of the money are largely contentious among parties.

    The judge while noting that oral evidences will be needed to resolve the issue in contention ordered parties to file their pleadings in line with the Federal High Court rules 2009 for trial to commence in the matter.

    “The EFCC had argued that the matter was not properly commenced by originating summons on the premise that the facts were in total dispute and as such ought to come by writ.

    “The plaintiff in her response argued that the affidavit evidence showed largely that there were no disputed facts of substance among the parties and that if the court is not sure of this, it should order pleadings so that a full trial can be embarked upon.

    “It is now settled in law that originating process is the ideal process to commence a suit where there is no dispute. The issue in contest is on the ownership of the funds in the account of the defendants.

    “In respect of this issue, the contention appears divided and facts are in substantial dispute. In the light of the above, it cannot be rightly contended that there are no disputed facts and substance as to the ownership of the said fund.

    “The issues of facts raised by the defendants are not spurious or irrelevant. The affidavit of the plaintiff is also not conjectural. In my view, the facts are contentious and oral evidence need to be led by the parties.

    “In the light of the above facts, this case is generally not suitable for an originating summon procedure. In the circumstances, the court hereby orders that the parties herein file pleadings in accordance with the Federal High Court rules 2009 and trial shall then proceed accordingly”, the judge held.

    The former first lady has accused the anti-graft agency of placing a no debit order on her account containing $15.5 million at Skye bank Plc without a valid court’s order.

    Mrs Jonathan, in the fundamental rights enforcement suit, is seeking an order to de-freeze the accounts where the money is domiciled, so that she can have access to it.

    Respondents in the suit are; the EFCC, Skye Bank, Waripamo-Owei Dudafa, an aide to former President Goodluck Jonathan and four companies.

    The companies are: Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Transocean Property and Investment Company Ltd and Globus Integrated Service Ltd.

  • Refer corruption in the privatisation process to EFCC, ICPC – SERAP tells Buhari

    Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to use his “good offices and leadership position to revisit and refer the allegations of corruption and abuse of process in the privatisation of public enterprises in Nigeria between 1999—2011 to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation, and if there is relevant and sufficient admissible evidence, for anyone suspected to be involved to face prosecution.”

    The organization urged Buhari to “reform the Bureau of Public Enterprise (BPE) to remove opportunities for corruption in privatisation process, and to instruct the EFCC and ICPC to ensure the recovery of proceeds of corruption. We request that you take the steps within 14 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel your government to act in the public interest.”

    In the letter dated 1 December 2017 and signed by SERAP executive director Adetokunbo Mumuni the organization said: “SERAP has obtained and carefully read the full report of the Senate Ad-Hoc Committee on Investigation of the Privatisation and Commercialisation Activities of the Bureau of Public Enterprise (BPE) from 1999 to 2011, which contains damaging allegations of corruption, presidential interference, and abuse of due process in the selection of core investor, valuation of public enterprises, pricing of shares/assets, determination of workers terminal benefits, and use of proceeds of privatisation.”

    According to the organization, “Many cases of presidential directives/interference during the period under review (1999-2011) affected the process of core investor selection. The BPE was negligent and ineffective in monitoring of privatised companies. In some cases, BPE never monitored the companies for the entire lock-in period and in other cases their reports were complete opposite of what was on the ground.”

    The letter copied to Vice President Yemi Osinbajo, who is also the chair of the National Council on Privatization (NCP), read in part: “It is in the public interest that any sales of public assets will get the best value but the Senate report shows exactly the opposite. By revisiting the privatisation process and referring the allegations of corruption documented in the report to the EFCC and ICPC, your government would be demonstrating that it’s willing and able to fight impunity of perpetrators of corruption, which is responsible for legacy of grand corruption and abuse of office in the country.”

    “Specifically, the committee among others found that: A total sum of N301bn was realised as proceeds of privatisation from 1999 to 2011. N900m of that was used as loan to Nigeria Re-insurance Plc for recapitalization, in violation of section 19(2) of the Public Enterprises (Privatisation and Commercialisation) Act 1999. Folio Communications Limited pledged the assets of Daily Times Nigeria Plc to obtain loan from bank(s) and utilized the loan to pay for the share of the company.”

    “Core investor converted the premises of Volkswagen Nigeria Limited into bonded warehouses for storage of contrabands mainly rice, vegetable oils, fertilizer, but was not reported by the BPE. Former Director-General of BPE, Mrs Irene Nkechi Chigbue sought and received direct approvals of former President Olusegun Obasanjo for many privatisation transactions, in violation of Section 11 of the Public Enterprise Act and the Bureau Procedure Manual.”

    “Aluminium Smelter Compny of Nigeria (ALSCON)—BFIG Corporation of the USA was declared preferred bidder and winner with a bid of $410 million after going through the bidding process but was denied its legal right to negotiate terms, sign Share Purchase Agreement and pay 10% initial payment. However, BPE approved a Willing Seller Willing Buyer to Rusal/Dayson for $250m and cancelled BFIG Corporation $410m offer. Aluminium Smelter Company of Nigeria was grossly undervalued, having being built for $3.2bn and was privatized by BPE for $130m excluding $120m Imo River Channel Dredging cost from the purchase consideration.”

    “Michelle Nigeria Limited emerged as the preferred bidder of the Apapa Port Complex Terminal “C” but it was given to ENL Consortium Limited which already had one, in breach of Ground Rule 7, which states: “No single bidder/concessionaire would be allowed to have more than one concession in Apapa Port Complex.” BPE reversed the process instead and gave Terminal “C” to ENL Consortium Ltd without cancelling the Michelle Nigeria Limited offer, in breach of the core investor selection process.”

    “Former Director General of BPE Ms Bolanle Onagoruwa abused the approval process in the sale of 5% Federal Government’s residual shares in EPCL to Indorama Group, in contravention of the First Schedule of the Public Enterprises (Privatisation and Commercialisation) Act 1999. Indorama Group has already acquired the maximum 75% shares reserved for core investor in EPCL as provided in the First Schedule Section 1(1) no. 6 of the Act.”

    “The share purchase agreement created an escrow account into which all the monies shall be paid. However, the escrow account was not opened. The enterprise was handed over to the purchaser without payment of the purchase consideration. Former president Olusegun Obasanjo approved the addendum, in violation of the Privatisation Act and the share purchase agreement.”

    “All former Directors-General of BPE (Mallam Nasir el-Rufai-1999-2003; Dr Julius Baba-2003-2004; Mrs Irene Chigbue-2004-2009; Dr Chris Anyanwu-2009-2010; and Ms Bolanle Onagoruwa-2010-2012) established several accounts with various commercial banks, in violation of Section 19(1) of the Public Enterprises (Privatisation and Commercialisation) Act 1999.”

    “All former Directors-General used privatisation proceeds to pay transaction expenses, consultancy fees and staff terminal benefits without appropriation by the National Assembly, in violation of Section 19(2) of the Public Enterprises Act. Former Director-General of BPE Mrs Irene Chigbue used privatisation proceeds to execute capital projects (Office extension) in 2007 in violation of this provision.”

    “The process of privatisation of public enterprises was totally set aside in the concession to Global Infrastructure Holdings Limited and Global Infrastructure Nigeria Limited by the then Federal Ministry of Power and Steel Development in breach of Section 11(c) of thee Public Enterprises Act. BPE later converted the Concession Agreement to a core investor agreement, in breach of the transaction process.”

    “The N1.9bn Privatisation Proceeds loaned for recapitalisation of Nigeria Re-insurance Plc and Nicon Insurance Plc was not used for that purpose and the BPE is yet to recover the money. Contract for dredging Imo River Channel was overvalued at $120m by BPE. This would cost less than $100 today (2011). 43 enterprises of 122 privatised companies are not performing.”

    “The core investor of Transcorp Hilton Hotel agreed among others to within 3 years construct a shopping mall within the Hotel grounds; and construct short/long stay serviced apartments on the available land within the hotel premises. However, to date the core investor has failed to deliver in breach of clause 8.4 of the share purchase agreement and BPE also failed to apply sanctions as provided in clause 10.”

    “The core investor of Abuja International Hotels Limited (Nicon Luxury Hotel) agreed to invest at least additional N2bn to complete the furnishing of the hotel and provision of ancillary services to a 5-year deluxe status within 9 months. However, the core investor has failed to comply, in violation of clause 7.3 of the share purchase agreement and BPE has failed to apply sanctions as provided in clause 9. Also, the core investor of Sheraton Hotel and Towers, Abuja has failed to comply with the share purchase agreement, in violation of clause 8.6 and the BPE has failed to apply sanctions as provided in clause 9.”

    “The core investor in Nigerian Cement Company Plc (Nigercem) has woefully failed to fulfil its technical and financial obligations several years after privatisation. The core investor in Delta Steel Company agreed to invest $100.65m within 15 months but no evidence of such investment. The Delta Steel Township 1 Housing Estate is comprised of 4,500 housing units; 1,109 unauthorised plots were illegally sold/allocated by the BPE.”

    “Dr Julius Bala should be investigated by anti-graft agencies for giving approval to Folio Communication Limited for the illegal sale of assets of Daily Times Nigeria Plc. Ms Bolanle Onagoruwa showed gross incompetence in the management of the BPE and she illegally and fraudulently sold 5% Federal Government residual shares in Eleme Petrochemicals Company Limited (EPCL).”

    “Poor privatisation monitoring, skewed share purchase agreements in favour of investors in many instances and abuse of process in utilizing privatisation proceeds further marred the privatisation programme. Some of the share purchase agreements were skewed in favour of private investors against public interests. In the Nicon Insurance Plc share purchase agreement, the BPE deliberately removed the protective clause on sales of assets without BPE’s written consent within the first 5 years.”

    “Bid bonds are usually refunded to bidders after closure of bidding. In the case of crystallized bid bonds transaction expenses are deducted before refunds. BPE abused this process in the sense that National Council on Privatization (NCP) approvals for funds are kept for years without payment.” “Terminal benefits of workers of companies slated for privatisation are usually computed by management or by an appointed BPE Actuarial Consultant before payment. The processes are often abused by BPE. In NITEL, workers were forced to accept less than 5 years pension buy-out where it was agreed earlier for 5 years. BPE owed workers in Delta Steel Company (N5.2bn); and ALSCON (N2.7bn). In Federal Superphosphate Fertilizer Company the Actuarist computed and recommended full payment of N457m but BPE paid only N383m leaving a difference of N73m.”

    “Workers of National Steel Raw Materials Exploration Agency, Kaduna are owed gratuities of N150m by Nicon Insurance Plc. Workers often benefit from allotments of shares in companies undergoing privatisation on request. The reserve shares are however not granted on free carriage in compliance with provisions of the First Schedule Section 1(1) in line with Nigeria Individuals Participation as Percentage Post Privatisation. Out of the 122 privatised public enterprises only 14 enterprises had shares reserved for workers. 11,000 jobs were lost in Nitel/M-Tel; 2000 jobs were in Daily Times; and 1000 jobs were lost in ALSCON.”

     

     

  • Corruption: Handover Lawal, Oke to EFCC, ICPC – SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has welcomed the decision by President Muhammadu Buhari to sack the suspended Secretary to Government of the Federation, Mr Babachir Lawal, and the Director-General of the National Intelligence Agency, Mr Ayodele Oke.

    The organization also called on Buhari to “urgently handover Lawal and Oke to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation, and if there is relevant and sufficient admissible evidence, for them to face prosecution.”

    In a statement today by SERAP deputy director Timothy Adewale the organization said that, “This is a positive development in the fight against grand corruption, although this decision is coming rather late. Buhari now has to go a step further by making sure that both Lawal and Oke are promptly brought to justice in fair trials.”

    The statement read in part: “Buhari also has to move swiftly to publish report of investigation into the secret reinstatement of fugitive former civil servant, Abdulrasheed Maina, and without delay identify and bring to justice anyone suspected to be involved.”

    “This government now has a real opportunity to reassure a lot of Nigerians who may be worried about the direction of travel of the president’s anti-corruption agenda that there will be no sacred cow as far as the fight against corruption is concerned.”

    “What the government needs at this time is a revolutionary approach to the fight against corruption if Buhari is to show his commitment to ‘kill’ corruption before corruption ‘kills’ Nigeria.”

    “Without effective prosecution of high-ranking public officials charged with corruption, this government’s fight against corruption may sadly turn out to be all motion and no movement, and this will eventually undermine the legitimacy of the anticorruption efforts.”

    In a brief statement today the presidency said that President Muhammadu Buhari has studied the report of the panel headed by the Vice President, Prof Yemi Osinbajo (SAN), which investigated allegations against the suspended Secretary to the Government of the Federation, Babachir Lawal, and the Director-General, National Intelligence Agency (NIA), Ayodele Oke.

    The statement noted that the president accepted the recommendation of the panel to terminate the appointment of Mr. Lawal, and has appointed Boss Mustapha as the new Secretary to the Government of the Federation.

  • 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 will pursue Maina’s case to the end – Magu

    Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, has vowed that the anti-graft agency would pursue the case of the ex-Chairman of the Presidential Task Force on Pension Reforms, Abdulrasheed Maina, to a conclusive end.

    Magu said the anti-graft agency has renewed the investigation into the embattled civil servant.

    Speaking with Channels TV, he said: “We are determined to get to the root of this matter. That’s why we have renewed the investigation. We will retrieve all properties or whatever must have been stolen from public funds.

    ”This is something that we have done as far back as 2011. The matter has been in court, and Maina was also charged before the court. He was arraigned in absentia.”

    Magu also said how Maina returned to the country despite being on EFCC watchlist must be investigated.

    ”I really don’t know what happened. But I know that he has been properly placed on the watch list and he cannot sneak into this country without the law enforcement agencies. So something is wrong somewhere. Actually we need to look at that,” he added.

    On what is being done to ensure Maina’s re-arrest, Magu said: ”He has already been declared wanted by Interpol and we are going to visit other countries for assistance, particularly Dubai, USA and UK. We are already on the manhunt, seriously.”

  • EFCC, ICPC politicised, weakened by my successors – Obasanjo

    EFCC, ICPC politicised, weakened by my successors – Obasanjo

    Former President Olusegun Obasanjo yesterday accused his successors from 2007 of politicising the two anti-corruption agencies created by his administration.

    His said his successors politicised, weakened the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and other related Offences Commission (ICPC).

    Obasanjo spoke delivering the annual public lecture of the Dorcas Oke Hope Alive Initiative (DOHA).

    Dorcas is the late daughter of the founder of the Sword of the Spirit Ministries, Bishop Wale Oke, who died through fake drugs.

    Delivering the lecture entitled Corruption and the challenge of the African child, Obasanjo recalled his administration created the two anti-graft agencies based on his commitment to fighting corruption.

    But he expressed regret they became politicised after his tenure which weakened their ability to battle corruption.

    To successfully tackle corruption, Obasanjo said the law enforcement and justice departments should be made to complement each other.

    According to him: “When I was elected president in 1999, my administration took the issue of corruption very seriously and we established anti- corruption agencies like the EFCC and ICPC.

    “They were provided with political support needed to fight corruption and they did their best.

    “But after we left office, they became politicised and weakened to a level that they were unable to provide their services.

    “In fact, one of the governors jailed for corruption was supposed to find replacement for EFCC boss then Nuhu Ribadu. You know the type of replacement he would bring.”

    The former President added: “We must strengthen these institutions especially in carrying out prosecution because government alone cannot fight corruption.

    “It is very disheartening when the law enforcement agency carefully investigates a case and the culprit finds his way around the judiciary to escape.

    “Corrupt people and accomplices must be punished. We cannot afford to have sacred cows in the fight against corruption.”

    He lamented the youths believe that the easiest way to get rich is to get government job.

    His words: “The evils of men in authority have made living in the world very challenging for all but particularly for young people.

    “Young people are the worst victims of social ills such as corruption and bad leadership which seem to characterise our world today.

    “A former American president once said that when older men declare war, it is the youths that must fight and die.

    “The youths substantially bear the brunt of the misconduct and misbehaviour of the elders.

    “They pay for the sins they do not commit. While I am not saying that older men commit all the evil deeds of the world, it is important to stress that young people, because of their vulnerability and dependence on the decisions of older people, are always the majority to bear the brunt of bad leadership, bad decisions, bad families, bad society, bad politics, policies and governance.”

    He added: “The young Dorcas Oke, bore the brunt of the bad leadership of our society.

    “She was full of life and aspiration but they were cut short by deliberate actions or inaction of the people in health system riddled with corruption.

    “She died because some corrupt persons in the sector succeeded in selling adulterated drugs which killed her.

    “Someone whose job it was to monitor and maintain standards failed to stop the adulterated drugs from entering our markets.

    “The story of Dorcas is just one among many others that buttress the claim that corruption kills.”

  • How Agumogobia, Obla created shady company to collect bribe from lawyer – EFCC

    A detective with the Economic and Financial Crimes Commission, EFCC, identified as Lawal Abdullahi, on Friday in Lagos revealed how Godwin Obla, a Senior Advocate of Nigeria and Justice Rita Ofili-Ajumogobia allegedly perverted the course of justice.

    Mr. Abdullahi alleged before an Ikeja High Court that Mr. Obla gave the Federal High Court judge N5 million gratification to pervert the course of justice in a Nigerian Maritime Administration and Safety Agency, NIMASA, case.

    He made the allegations while being led in evidence by Rotimi Oyedepo, the EFCC prosecutor.

    “The second defendant (Obla) was an external prosecutor to the EFCC, he was assigned to handle a matter between the commission and a former Director General of NIMASA, Raymond Omatseye, who was facing criminal charges for financial crimes.

    “The matter was before the first defendant (Ofili-Ajumogobia) at the Federal High Court, our investigation revealed that when the case was pending before the first defendant, there was communication between them.

    “The communication was without the knowledge of the opposing party, they are friends and had also been meeting without the knowledge of the opposing party.

    “He failed to notify the Commission of this relationship and this may have caused conflict of interest in the case.

    “During the course of investigation, it was discovered that there was an exchange of account numbers between the defendants when the NIMASA case was before the first defendant.

    “The sum of N5 million was transferred by the second defendant to the judge’s account called Nigel and Colive in Diamond Bank,” he said.

    Mr. Abdullahi noted in his testimony that it was necessary for Mr. Obla to have informed the EFCC of his relationship with the judge because there would have been a conflict of interest in the case.

    “Obla met Ofili-Ajumogobia in her chambers and the account number of Nigel and Colive was given to him in which N5 million was paid from the account of Obla and Co, the lawyer’s office account in UBA.

    “He admitted in his statement that he met the first defendant sometime in April or May 2015 and as at that time, the NIMASA matter was not concluded in court.

    “In May 2016, judgment was passed by the first defendant, the suspect was convicted but that judgment was set aside by the Court of Appeal on May 11, 2017.

    “The judge’s daughter, Aribim Ajumogobia, was also during this period employed by NIMASA.”

    The investigator revealed that when the anti-graft agency confronted the.defendants with evidence of the bank transactions, they gave different accounts of why the money was given to the judge.

    “Ofili-Ajumogobia gave me three different responses as to why the money was paid into her account.

    “First she denied knowing Obla, second, she said it was for a property transaction for a property at Hilltop area of Abeokuta and that Obla paid N5 million out of N28.5 million which was the cost of the property.

    “In another breath, she said it was for a property in Kashi village Abuja worth N40 million for which Obla showed an interest in and paid a deposit of N5 million.

    “When we confronted Obla, he said the N5 million was paid to the judge to buy iron rods for building and that one Joseph or George supplied the iron rods to him.

    “We confronted him with Ofili-Ajumogobia’s statement and he said her statement was not true, and that he did not buy any property from the judge,” he said.

    Mr. Abdullahi said the EFCC investigated the claims of Obla that the N5 million was for the supply of iron rods and the anti-graft agency’s findings were that the claims were untrue.

    The EFCC investigator went further to claim that Ofili-Ajumogobia had used her two children; Aridim and Tochukwu, to front as directors in companies owned by her and used to launder money.

    “The address of Nigel and Colive was given as 293, Borno Way, Ebute Meta, Lagos.

    “We wrote to the company and there was no response and our visit to the company address proved that it was non-existent.

    “The directors of the company; Aridim Ajumogobia and Tochukwu Ajumogobia are the two children of the first defendant.

    “They were invited by the Commission and they claimed that they did not know anything about the N5 million transaction, the company was not into any kind of business and they did not know how they became directors,” he told the court.

    The witness said the anti-graft agency through its investigators said the N5 million paid into judge’s account by Mr. Obla was used to decorate her home in Ikoyi, Lagos.

    “When the N5 million was paid into the account of Nigel and Colive, the balance of the account was N11.5 million.

    “We traced N4million paid from that account into the account of New Frontiers Engineering Construction Company, an interior decorating company for a N30 million contract to decorate her home.

    “The first defendant was the one who instructed the disbursement of all the payments for Nigel and Colive.”

    The EFCC investigator also told the court how the N18 million the judge allegedly borrowed from a former employer, Gregory Ero of Arkleen Oil and Gas Ltd was used.

    The News Agency of Nigeria reports that Mr. Ero, Ms. Ofili-Ajumogobia’s former employer had testified in court on May 26 that the judge refused to pay back the N18 million he gave her in 2012.

    Mr. Abdullahi while testifying said: “My findings were that N18 million from Arkleen Oil and Gas was not part of the illegitimate earnings of the judge.

    “When the money was received on June 5,2012 it was placed in a fix deposit, as at March , 2013 the N18 million had become N21 million and at April 29, 2013 N22 million was transferred to the first defendant’s account in Diamond Bank.

    “This sum formed part of the N18 million that was collected from Arkleen Oil and Gas, it was converted into dollars on May 6, 2013 at N157 per dollar and moved into her domiciliary account in Diamond Bank.

    “The converted sum was $140, 129, 39 and three days after it was received, $139, 815 was moved to the offshore account of Silversteps Incorporation, an account domiciled in First Bank of Nigeria (FBN), United Kingdom.

    “Investigations revealed that the first defendant was behind of Silversteps Incorporation and the sole director of the company was her daughter Aribim Ajumogobia but all transactions were done by the judge.

    “Aribim Ajumogobia was interviewed and she confirmed that all transactions were done by her mother.

    “The money was used for a mortgage transaction for a property located at 157, Verulem Lane, London.

    Mr. Oyedepo sought to tender documents of the mortgage transaction as evidence but Robert Clarke, Ms. Ofili-Ajumogobia’s defence counsel, objected that the documents had no connection with the charges the judge was facing.

    After his objection, Mr. Clarke in an application dated October 23 requested the release of the judge’s international passport by the court.

    Mr. Oyedepo, however, opposing Mr. Clarke’s application said: “I do not think there is an approval from the Honourable Chief Judge for the first defendant’s journey to the U.S.A.”

    Mr. Clarke responding to Mr. Oyedepo said: “We would look into this aspect of the application and get the position of Your Lordship at the next adjourned date.

    Ifedayo Adedipe also asked the court for the release of Mr. Obla’s international passport.

    “My Lord, we have an application dated October 17 seeking Your Lordship’s leave for an order for the temporary release of the second defendant’s international passport.

    “He wants to travel to Atlanta, Georgia, USA on October 28 and return on or before November 10, the defendant is desirous of travelling because of family obligations,” Mr. Adedipe said.

    In his ruling, Justice Hakeem Oshodi said: “The Chief Registrar shall release the international passport of the second defendant who is to travel between October 28 and return on or before November 9.”

    Ms. Ofili-Ajumogobia is standing trial alongside Godwin Obla, a former prosecutor of the EFCC.

    Both have been jointly charged with a two-count offence bordering on perverting the course of justice.

    Mr. Obla is facing an additional two counts of offering gratification in the sum of N5 million to Ms. Ofili-Ajumogobia, a public official while serving as a judge.

    Ms. Ofili-Ajumogobia faces a 26-count charge bordering on unlawful enrichment, taking property by a public officer, corruption, forgery and giving false information to an official of the EFCC.

    Both denied all the charges.

    Justice Oshodi adjourned the case until November 10 for ruling on the admissibility of the mortgage documents and continuation of trial.

    (NAN)

  • Tompolo: Appeal Court backs seizure of properties by EFCC

    The Court of Appeal sitting in Lagos on Thursday dismissed an appeal filed by Government Ekpemupolo, alias Tompolo, seeking to set aside the decision of the Federal High Court, Lagos which empowered the EFCC to seize all the properties belonging to the ex-militant.

    Justice I. N. Buba of the Federal High Court, Lagos, had on February 19, 2016 made an order seizing Tompolo’s properties for failure to appear to answer the charges against him.

    The Economic and Financial Crimes Commission had on December 15, 2015 instituted a criminal charge against Tompolo and nine others over allegations of fraud at Nigerian Maritime Administration and Safety Agency, NIMASA.

    However, despite substituted service of the court summons effected on him, Tompolo refused to appear in court. Consequently, Justice Buba issued a warrant of arrest against him. Armed with the warrant of arrest, the commission launched a manhunt for him, but could not effect his arrest.

    On February 19, 2016, the EFCC, through its counsel, Festus Keyamo, prayed the court for an order attaching the properties of Tompolo by seizure, pending his arrest and/or appearance before the court. The court granted the commission’s request prompting Tompolo to appeal against the decision.

    However, in a unanimous judgment on Thursday, the Court of Appeal held that Tompolo cannot be heard complaining that his properties are attached by the Court below, when he has not come to answer to the summons against him.

    The court held that the option available to Tompolo is to appear before the Federal High Court to apply for the order to be discharged, instead of filing the appeal.

    The Court of Appeal was of the view that his private right of property has not been breached by the said order.