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Tag: Abdullahi Inde Dikko

  • Court orders lawyers to serve Dikko charge in N1.1b fraud case

    A Federal High Court in Abuja has ordered lawyers to former Comptroller-General of Customs (CGC), Abdullahi Inde Dikko, to deliver to him a charge pending against him (Dikko) in the court.

    Justice Ijeoma Ojukwu gave the directive yesterday upon being told that lawyers from Mahmud A, Magaji (SAN) & Co were challenging an earlier court order directing the firm to receive the charge and hand same to Dikko.

    The Independent Corrupt Practices and other related offences Commission (ICPC) filed the 10-count charge, in which it accused Dikko and two others of defrauding the Managing Director of Cambial Limited, Yemi Obadeyi, of N1.1 bilion.

    The ICPC said it served the charge on the other defendants – Garba Makarfi (a former Assistant Comptroller in charge of Finance at the Nigeria Customs Service (NCS) and Umar Husseini (a lawyer) – but has been unable to serve Dikko since it was filed last year.

    In view of the development, the ICPC, on the last date, applied under the Administration of Criminal Justice Act (ACJA) for the charge to be served on the ex-Customs boss through the lawyer who represented him during investigation, a request the court granted.

    At the resumed hearing yesterday, Dikko (the first defendant) was absent, while Makarfi and Husseini were in court.

    When the judge sought to know why Dikko was absent and was not represented by any lawyer, Adenekan Shogunle (for the prosecution) said in compliance with the court’s order, the charge has been served on the law firm of Mahmud A. Magaji (SAN) & Co for onward delivery to Dikko.

    A lawyer from the law firm, Miss. B. O. Odigie, said the charge was wrongly served on her firm, and that she has filed an application to challenge the service.

    According to her, the firm was not briefed by the first defendant to represent him in this case, although the firm was representing Dikko in other cases.

    In view of Odigie’s submission, Justice Ojukwu asked the prosecution lawyer why he prayed the court to be allowed to serve the first defendant through the law firm.

    Shogunle said: “We asked that M. A. Mahmud (SAN) & Co be served because they had acted as solicitors to the first defendant in the cause of investigation. They undertook to produce the first defendant whenever his presence was required.

    “The letter they wrote to that effect is marked: ‘Exhibit ICPC 2,’ dated November 16, 2018, and addressed to the Chairman ICPC, where they introduced themselves as solicitors to the first defendant.”

    When confronted with  the “Exhibit ICPC 2,” Odigie sought time to “put our house in order.”

    Shogunle said he would have prayed the court for the issuance of an arrest warrant against Dikko, but for his realisation that from the way Odigie sounded, it was obvious the firm had not handed the charge to Dikko.

    Justice Ojukwu said the court was not interested in whether or not the law firm was briefed to handle the case on behalf of the first defendant, but that the firm was only required to hand the charge to Dikko as ordered by the court.

    Read Also: Customs housing: Dikko, others for trial from May 23

    She consequently adjourned till November 21 for arraignment.

    Dikko, Makarfi and Hussain are accused of defrauding a real estate firm, Cambial Limited, of N1,100,952,380.96, using their offices.

    In 2010, the NCS was said to have bought a housing estate in Kuje, Abuja, comprising 120 units of duplexes from Cambial Limited at N4.8billion.

    Beside allegedly deducting N819,047,619.04 as legal fees, agency fees, Value Added Tax (VAT) and Withholding Tax, Dikko and Makarfi were said to have asked Cambial Ltd to pay the N1,100,952,380.96 into Hussain’s law firm’s account as “security for the completion of works in the estate,” before the firm could access what was left of N4.8billion paid by the NCS into its (Cambial’s) Zenith Bank account.

    In counts six, seven and eight, Hussain was said to have “entered a deal with Dikko and Makarfi” to transfer N250m to Abys Motors Ltd’s account in GTB, N486m to Hasbunallah BDC Ltd and to withdraw N260m from the N1,100,952,380.96, which they allegedly obtained from Cambial by false pretense.

    Makarfi was, in count nine, said to have received “an aggregate of $3m which was delivered to you in cash by Abdullahi Usman Musa, a representative of Hasbunallah BDC Ltd,” which formed part of the N1,100,952,380.96

    He was, in count 10, accused of making false statement to ICPC’s investigator by claiming that he agreed to receive the N1,100,952,380.96 into his firm’s account “as a favour to Dikko and Makarfi, because he believed the money was death benefit on behalf of an unnamed deceased family friend.”

    One of the counts, Dikko, Makarfi and Hussain. were said to have “on or about the 6th of April 2010, by false pretence and with intent to defraud, conspired with each other to induce one Mr. Yemi Obadeyi, Managing Director of Cambial Limited, to pay the sum of N1,100,952,380.96 into the account of Capital Law Office, a private law firm owned by Umar Hussain  under the pretext that the said sum was required as a refundable ‘completion security deposit’ in respect of the contract  for the purchase of 120 units of duplexes as residential accommodation for of the Nigerian Customs Service.”

    The defendants’ alleged offences are said to be contrary to and punishable under the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and Corrupt Practices and Other Related Offences Act 2000.

  • EFCC denies deal to exclude Dikko from prosecution

    The Economic and Financial Crimes Commission ( EFCC ) has denied being part of any deal to exclude former Comptroller-General of Customs, Abdullahi Inde Dikko from criminal prosecution bothering on fraud and money laundering.

    EFCC made the clarification in a notice of preliminary objection it filed in a suit by Dikko, in which the ex-Customs chief claimed to have entered an agreement with the EFCC to refund about N1.6billion to Federal Government’s coffers, following which he would excluded from prosecution.

    Lawyer to Dikko, Mahmud Magaji (SAN), while arguing his client’s counter-affidavit to EFCC’s objection on Thursday, contended that it was a breach of an existing agreement and contract for EFCC to seek to prosecute the ex-Customs chief after he has kept to his side of the bargain and made huge refund to the government.

    Magaji also faulted EFCC’s claim that the suit was wrongly commenced by way of origination summons.

    He argued that, contrary to EFCC’s contention, facts in the case were not contentious. He added that the issue involved in the case was simple.

    Mahmud said: “Our case is simply about the interpretation of Section 174 of the Constitution and Section14 (2) of EFCC Act, and no more.

    “Our decision to bring this action by way of an originating summons is the appropriate position. There is no hostility in the whole case.

    “Our client was to be prosecuted for financial crimes. When he was invited, he was confronted by information the EFCC said it has against him by virtue of its investigation activities.

    “He (Dikko) was confronted with options of either to enter a refund agreement of be prosecuted. He agreed to a refund. And made refund in several tranches.

    “At every payment, we ensured that we get evidence of payment from the bank,” Magaji said.

    Read Also: EFCC denies deal to exclude ex-Customs chief Dikko from prosecution

    He identified the evidence of payment as reflected in some court documents marked as Exhibit 1 to 20D, and said “these are the evidence of the refund we made”

    When asked by the judge, Justice Nnamdi Dimgba, about where the said agreement was reached, Magaji said a meeting was held at the instance of the Minister of Justice and Attorney General of the Federation (AGF).

    Magaji added that after the agreement was reached by parties, an official of the EFCC, who he identified as Hajeed (who was the IPO in the case), provided an account number into which his client (Dikko) made all the refund he made.

    He added: “We have fulfilled our side of the agreement. It is for the EFCC to fulfil its own side of the agreement, by complying and allowing things to settle

    “We are asking that under Section 174 of Constitution and Section 14(2) of EFCC Act, the EFCC is not bound by this agreement.

    “We are asking this court to enforce this agreement on them. They should be bound by the agreement,” Mahmud said.

    In a counter-argument, EFCC’s lawyer, Chile Okoroma urged the court to decline jurisdiction over the suit because it was wrongly instituted.

    Okoroma argued that the case was brought under the originating summons rules when facts in the suit are disputed.

    He added: “They said they made some payments by agreement and we said no, we are not aware of any payment.

    “They claimed Magu (EFCC’s Acting Chairman, Ibrahim Magu) was part of the agreement, but we said no. We do not know anything about the agreement they claimed to have with the AGF.

    “These are triable issues. There are contentious facts and we say, we need those disputed facts to be resolved by calling oral evidence. That is our ground of objecting to the suit.

    Before entertaining arguments from the two lawyers, Justice Dimgba observed that while there was evidence that the AGF was aware of the case and had been served all documents relating to it, the AGF has not filed any process in response to the case since it was commenced last year.

    In a ruling, Justice Dimgba upheld EFCC’s objection in part.

    The judge agreed that facts were contested by parties and ordered them to file pleadings.

    He said: “Having reviewed the processes filed, I am of the view that the suit was wrongly commenced. The facts are so hostile. Parties are to file pleadings.

    The judge adjourned to March 1 this year.

  • Ex-Customs chief Dikko faults inclusion in looters’ list

    A former Comptroller General of the Nigeria Customs Service, Abdullahi Inde Dikko, has faulted his inclusion in the list of alleged looters released by the Federal Government.

    Dikko denied his alleged involvement in the looting of N40billion as claimed by Minister of Information and Culture, Lai Mohammed.

    In a statement released on his behalf by a group – Committee of Concerned Customs Officers (CCCO) – Dikko said he served without blemish and retired voluntarily in 2015.

    The group is led by Assistant Comptroller of Customs, Jonah Amache.

    He said with the automation of the Customs revenue collection process, it was impossible for anyone to divert the Service revenue under any guise.

    The statement reads: “With the reforms Dikko introduced, the process of revenue collection is now water-tight and absolutely shielded from manipulation and unauthorised access by anybody, no matter how highly placed.

    “All import and excise duties are paid to commercial banks and it is compulsory that the money be remitted to the Federation Account at 6 o’ clock everyday of business and every morning.

    “All the money collected resides at the Central Bank of Nigeria. The Comptroller-General is never a signatory to any account. The money allocated to Customs was not without control.

    “All projects strictly followed due process. The Comptroller-General had his expenditure and approval limits, and reported to the Board of Customs and Excise and also the Federal Executive Council.

    “As a non-partisan professional, even in retirement, Dikko remains unflinching in his loyalty to Nigeria and the institutions of government.

    “He has never betrayed his family, the Customs, as an institution, and the government and people of Nigeria for the privilege given him to contribute his quota towards the development of critical agency as the NCS.”

  • Dikko’s exemplary model at Customs

    SIR: The administration of Nigeria Customs Service under the leadership of Abdullahi Inde Dikko has provided an excellent model of how one man can direct men and materials to unleash growth and development. The service under Dikko has experienced a lot of advancement and development that is unprecedented since its inception in 1891.

    A recent study conducted by Sunday S. Ifah- a Professor of Social Psychology reveals that the condition of the Customs has never been this salutary. An overwhelming percentage of stakeholders were satisfied that the service under the leadership of Dikko has been on point.

    Dikko’s six-point agenda has not only been implemented, but has brought the desired change badly needed to reposition the organisation as a formidable revenue generating institution of government and facilitator of international trade.

    In terms of improved welfare package of staff, the survey shows 73.9% of stakeholders as satisfied. In terms of training, retraining and capacity building, 73% to 89% of stake holders lauded Dikko’s effort. Again, in terms of understanding between the service and its various publics, 86.6% of the polled stakeholder’s agreed that the NCS under the Dikko administration has upped its ante.

    The survey reveals many sterling achievements of the Dikko administration, not to mention his consistency in meeting revenue targets. However, what is important is that all these achievements is the lesson in public administration. “Where two or more people gather to roll a stone, the rudiment of administration has taken place”. However, when one man with vision, character, dynamism and capability is in their midst, the aim of rolling a stone becomes outdated. What is in question is how to build a castle?

    This is the story of Dikko. And I dare call it a model.

     

    • Achum  Valentine,

    University Of Calabar.