Tag: AGF

  • FG recovers N7b, $10m from private homes’ – AGF

    FG recovers N7b, $10m from private homes’ – AGF

    •Says N57.9b and $US666.676m recovered so far

    The anti-corruption crusade of the Federal Government has so far yielded N57.9b and $US666.676m, according to Attorney General of the Federation (AGF)/Justice Minister Abubakar Malami (SAN).

    Of this amount, N7billion and $10million cash was recovered  from private residences of former public officers, the minister said in an update on the crusade.

    Malami revealed the figures while defending the 2017 Appropriation bill of the ministry before the Senate Committee on Judiciary, Human Rights and Legal Matters at the National Assembly in Abuja.

    But he was silent on the identity of the individuals in whose houses the money was recovered.

    The farthest he went was that the recovered funds include “the N50b fine paid by MTN (a telecommunication company), N7m and $10m (recovered from private residences) and N90m (which was voluntarily returned).”

    Malami’s spokesman Salihu Isah also quoted him as saying   “$250m found to be proceeds of illegal oil bunkering has been temporarily forfeited to the government; $136.676m is awaiting actual remittance, while $270 FG’s fund has also been recovered from commercial banks.”

    The Attorney General said the ministry operated through 2016 without capital budget.

    “Our budgetary proposal of N18, 528,093,480.00 was not appropriated thereby compelling the Ministry to operate on a zero capital budget,” he said.

    “I am happy to state however, that we as a ministry recorded modest achievements in the act of contributing to the revenue generation of the federal government notwithstanding the zero capital budgets,” Malami said.

    The AGF said a of N 6,914,774,768.00 was earmarked for the Ministry in the 2017 budget as against N3, 921,612,815 last year

    He explained that the Ministry plans to spend N4,278,824,404. 00 on personnel cost, N1,000,006,899.00 on legal services, N946,834,670.00 on overhead and N689,108,794.00 on capital projects.

    He explained that the personnel cost will also cover allowances of Nigerian lawyers providing legal services within the sub-region and the recently approved harmonization of salaries of lawyers in the Ministry.

    Malami stressed that the legal services sub-head caters for the core mandate of the ministry, including payment of legal fees to external solicitors engaged by the Ministry.

    “This sub head has been allocated the sum of N1, 000,006,898.00 (One billion, six thousand, eight hundred and ninety nine naira) as against N843, 563,146.00 allocated in 2016, representing an increase of N156, 443,753.00” about 18.5% increase.

    “Given the enormous additional responsibilities on the ministry arising from the passage of the Administration of Criminal Justice Act (ACJA) 2015 as well as the increase in the quantum of other activities currently being pursued by the Ministry, this amount is unarguably, grossly inadequate and will unfortunately over stretch the Ministry capacity to cope to the maximum in the light of the prevailing realities,” Malami said.

    He expressed optimism that, the N689, 108,794.00 allocated to the ministry for 2017 capital projects will boost the Ministry’s performance index.

    “The projects, if implemented, will greatly enhance our capacity for effectiveness and improved service delivery and undoubtedly encourage and motivate our lawyers to give their best in the service of our dear nation”, the AGF maintained.

    Responding to Senator Ovie Omo-Agege’s comment on the payment of outstanding judgment debts, Malami explained that he was conscious and perturbed, adding that concerted efforts are ongoing to offset the outstanding and probably abate future debts.

    “I have a cause to sign a letter sent to the Budget Office this morning before leaving my office to attend to this national calling and constitutional responsibility.

    “If the desired response was not gotten from the Budget Office between now and Monday next week, I will fall back on the committee for emergency executive meeting on the way out of the judgment debts outstanding,” Malami said.

    A few weeks back, Information and Culture Minister Lai Mohammed announced that the newly introduced whistle blowing policy of the government had led to the recovery of over $151m (N46bn) and N8bn looted funds.

    Mohammed said at the time that the looted funds, which did not include the $9.2m in cash recovered from a Kaduna house owned by a former Group Managing Director of the Nigerian National Petroleum Corporation, Mr. Andrew Yakubu.

    He said the money recovery was made possible by three whistle blowers.

    “When we told Nigerians that there was a primitive and mindless looting of the national treasury under the last administration, some people called us liars,” he said.

    “Well, the whistle-blower policy is barely two months old and Nigerians have started feeling its impact, seeing how a few people squirreled away public funds.

    “It is doubtful if any economy in the world will not feel the impact of such mind-boggling looting of the treasury as was experienced in Nigeria.

    ‘’Yet, whatever has been recovered so far, including the $9.2m by the EFCC, is just a tip of the iceberg.’’

  • Why govt fired lead prosecutor in Supreme Court Justice’s trial, by AGF

    Why govt fired lead prosecutor in Supreme Court Justice’s trial, by AGF

    The Federal Government said yesterday that it fired Charles Adeogun-Phillips, the lead prosecutor in the trial of Supreme Court’s Justice Sylvester Ngwuta, for alleged conflict of interests.

    This is contrary to the claim by the former prosecutor at the International Criminal Court (ICC) that he withdrew.

    Adeogun-Phillips led the prosecution team until February 9 when he announced his withdrawal from the case. He was silent on what informed his decision.

    He was the leader of ‘Team 16’of the National Prosecution Coordination Committee (NPCC) saddled with the prosecution of the case involving Justice Ngwuta and three officials of the Supreme Court, including the Chief Registrar, Ahmed Gambo Saleh.

    Saleh, Muhammad Abdulrahman Sharif and Rilwanu Lawal (both officials of the Supreme Court’s Accounts Department) were charged with alleged diversion of about N2.2billion and acceptance of gratification from contractors engaged by the court.

    On February 7, the office of the AGF withdrew the nine-count charge, marked: CR/13/2016, filed against Saleh and others before the High Court of the Federal Capital territory (FCT) on November 3 last year. State’s lawyer, Mrs. Hajara Yusuf was silent on the reason behind the withdrawal.

    Subsequent media reports, quoting some sources close to Adeogun-Phillips, however attributed his sudden withdrawal from Justice Ngwuta’s trial to his disagreement with the office of the AGF over its decision to discontinue the trial of Saleh and others, which is believed to have involved the largest amount of money – N2.2b.

    But, the office of the AGF yesterday faulted such reports, claiming that the lawyer was sacked because he allegedly withheld information about his involvement in a case against the Economic and Financial Crimes Commission (EFCC).

    Salihu Isah, Media aide to the AGF, Abubakar Malami (SAN), said in a statement yesterday that it was wrong for the AGF to retain Adeogun-Phillips while he was representing a private interest against a government agency.

    Isah also faulted insinuation that the decision to discontinue Saleh and others’ trial had religious and ethnic undertone.

    He said the charge against the Supreme Court officials was withdrawn because Saleh had agreed to serve as prosecution witness in Justice Ngwuta’s trial, which resumes today.

    He said a letter disengaging Adeogun-Phillips sent to him on Februrary 6 was acknowledged on February 8.

    The letter partly reads: “Contrary to impressions given by Charles Adeogun-Philips, the lead prosecutor in the suit against Supreme Court judge, Justice Sylvester Nwali Ngwuta in various reports, suggesting that he withdrew from the case on his own volition, the National Prosecution Coordination Committee (NPCC) that engaged his services actually withdrew thefiat issued to him to prosecute the case over non-disclosure of conflict of interest and for other sundry reasons.

    “The reports in a section of the media last Friday that he left in protest due to last week Tuesday’s dropping of charges earlier instituted against the Chief Registrar of the Supreme Court, Ahmed Gambo Saleh and two other officials of the apex court, Muhammad Abdulrahman Sharif and Rilwanu Lawal which he is also handling for the Federal Government and withdrawn against his consent, cannot be relied upon.

    “The insinuation that the AGF withdrew the case against the three Supreme Court officials because they are Northerners is also unwarranted due to the fact that the dropping of the suit was done in good faith and in the context of plea bargaining to achieve greater goals in the prosecution of the other bigger cases that are ongoing against Justice Sylvester Ngwuta among others.

    “So, it is wicked and childish for anyone to allude undue colouration to an action taken in national interest and reduce it to a North/South thing with a view to confuse the discerning public.

    “This is not the first time such process will be entered into in law, especially so as the Administration of Criminal Justice Act 2015 allows plea bargaining in line with national interest.

    “And as a precedence, there was a time in the history of this nation that the allegations against Sergeant Rogers who was accused of killing Kudirat Abiola were stepped down for him to be used to testify against Major Hamza Al-Mustapha in the case between him and the Lagos state government over the killing of the wife of the acclaimed winner of the 1992 presidential election, late Chief M.K.O Abiola.

    “It has now clearly shown that, either corruption is fighting back or simply that some people want to be mischievous and to hoodwink and divert the attention of Nigerians from the core issues at stake.

    “Charles Adeosun-Philips is handling a brief in an ongoing suit at the Federal High Court in Lagos against the Economic and Financial Crimes Commission (EFCC), which amounts to conflict of interest, which he failed to disclose when being engaged.

    “The suit in question involves a bank executive, who is alleged to have laundered  $40m on behalf of former Minister of Petroleum, Mrs. Diezani Allison-Madueke as part of the $153, 310, 000.00 she is alleged to have siphoned from the Nigerian National Petroleum Corporation (NNPC).

    “The EFCC is currently prosecuting the case before the Honourable Justice Muslim Hassan of the Federal High Court, Lagos pursuant to Section 17 of the Advanced Fees Fraud and Other Related Offences Act No. 14 of 2006 as well as Section 44(2) of the 1999 Constitution of the Federation of Nigeria.

    “It would be recalled that the National Prosecution Coordination Committee (NPCC) chaired by the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) was inaugurated by Vice President, Prof. Yemi Osinbajo on May 27, 2016 at the Presidential Villa.

    ”It is charged with assisting the Attorney-General of the Federation in the exercise of his prosecutorial powers under Section 150 and 174(1) of the 1999 Constitution of the Federal Republic of Nigeria; especially as it involves high profile criminal cases,” he said.

    Isah, who is also the Head of Communication and Public Affairs at the NPCC, said information about Adeogun-Philips’ sack was conveyed to him vide a letter titled, ‘Withdrawal of your name as a member of Team 16 of the National Prosecution Team handling charges No. FHC/ABJ/C/232/16-FRN vs Sylvester N. Ngwuta’ dated 6th February, 2017 and signed by the Special Assistant to the President on Research and Special Projects, who doubles as the NPCC Secretary, Sylvester O. Imhanobe.

    He said Adeogun-Philips acknowledged receipt of the letter through an email message dated February 8 where, according to Isah, he said: “Your letter of 6 February 2017, is received with great relief. I wish you and/or your colleagues at the NPCC, success in the continued prosecution of your ‘high profile’ cases.  With my very best wishes.”

    Isah said, in view of its experience with the Adeogun-Phillips’ case, the NPCC “plans to carry out a critical surgery on the present composition of the entire prosecution team to weed out those with question marks around them, because they had been informed before hands that anyone found wanting would be eased out since it is a continuous process.

    “Meanwhile, the other members of Team 16 of the NPCC comprising Hajara Yusuf, Dr. M. Lawal Yusufari and Ibrahim Waru remain intact as only its leader is affected.”

  • Alleged N2.2b fraud: AGF withdraws charges against Supreme Court’s officials

    Alleged N2.2b fraud: AGF withdraws charges against Supreme Court’s officials

    Prosecution to call registrar as witness in Justice Ngwuta’s trial

    Facts emerged late yesterday why the office of the Attorney General of the Federation (AGF) withdrew the charge against Supreme Court’s Chief Registrar, Ahmed Gambo Saleh and two others.
    An official of the Federal Ministry of Justice, Mrs Hajara Yusuf announced the state’s decision to withdraw the charge against Saleh and others yesterday at the High Court of the Federal Capital Territory (FCT) in Jabi, Abuja.
    Mrs. Yusuf was silent on the reason behind the sudden change of mind on the part of the prosecution.
    But, investigation by The Nation revealed that the state’s decision to discontinue against Saleh was because it has planned to feature him in the trial of Justice Sylvester Ngwuta of the Supreme Court.
    Justice Ngwuta is being tried before Justice John Tsoho of the Federal High Court in Abuja on sundry charges including money laundering.
    It was learnt that Saleh is billed to attend court on Thursday to testify as the prosecution witness when trial resumes in Justice Ngwuta’s case.
    The Nation sighted a copy of an invitation to Saleh, informing him of the role he is billed to play in the case on Thursday.
    The document, titled: “Subpoena ad testificandum/and duces tecum,” is dated January 23, 2017.
    The office of AGF had on November 3 last year filed the nine-count charge marked: CR/13/2016 before the High Court of the Federal Capital Territory (FCT), accusing Saleh and others of diverting N2.2b public funds and receiving gratification.
    Named with Saleh in the charge are Mahmud AbdurRahman Sharif and Rilwanu Lawal, who are official in the Supreme Court’s Account Department.

    The office of the Attorney General of the Federation yesterday withdrew the N2.2b fraud charges brought against the Chief Registrar of the Supreme Court, Mr. Ahmed Gambo Saleh and two other officials of the court.
    The AGF had on November 3 last year filed nine-count charge marked: CR/13/2016 before the High Court of the Federal Capital Territory (FCT), accusing the defendants of diverting N2.2b public funds and receiving gratification.
    Named with Saleh in the charge are Mahmud AbdurRahman Sharif and Rilwanu Lawal, who are official in the Supreme Court’s Account Department.
    The prosecution had, before yesterday, tried without success to arraign the defendants. On every occasion, one of the defendants was always absent.
    But, when the case was called yesterday, all the defendants were present. Prosecution lawyer, Hajara Yusuf, from the Federal Ministry of Justice, however informed the court that she was instructed to withdraw the charge brought against the three defendants.
    Mrs. Yusuf was however silent on the reason behind the state’s decision to withdraw the charge.
    The defence team, comprising Abdulhakeem Mustapha (SAN), Tetengi Garba (SAN) and Sanusi A. O. (SAN) did not object to the prosecution’s decision to withdraw its charge.
    Ruling, Justice Abba-Bello Mohammed granted the prosecution’s application and struck out the charge.
    The defendants were, in the charge, accused of diverting N2.2b belonging to the Supreme Court into their UBA account with number 2027642863 between 2009 and 2016 contrary to Section 96 of the Penal Code Act and punishable under Section 97 Cap 532 of the Code.
    They were also alleged to have collected gratification to the tune of N10million from Willysdave Limited, a contractor with the Supreme Court, between 2009 and 2016 contrary to Section 10 (a) (i) of the Independent Corrupt Practices and Other Related Offences Act 2000 and punishable under the same section.
    The three defendants were equally accused of obtaining gratification from Welcon Nigeria Limited to the tune of N6m and another N2.4m from the same contractor between 2009 and 2016.
    They were alleged to have, on January 9, 2015, obtained a bribe of N16m from Dean Musa Nigeria Limited, a contractor to the Supreme Court.
    Saleh, Sharif and Lawal were said to receive N19m from Ababia Ventures, a contractor to Supreme Court and another N21m gratification from MBR Computers Limited between 2009 and 2016.

  • CBN, AGF trade blame over oil bloc account

    CBN, AGF trade blame over oil bloc account

    • House summons Kupolokun

    WHO has the records of Oil Prospecting Licence (OPL) 257’s proceeds?

    At the public hearing on the investigation of $22billion OPLs and Oil Mining Leases (OMLs) conducted yesterday by the Gideon Gwani-led ad hoc Committee, the Central Bank of Nigeria ( CBN ) and the Office of the Accountant General of the Federation ( OAGF)  refused to take responsibility for the records.

    The CBN was given a seven-day ultimatum  to provide documents to ascertain whether the payment of application fees, royalties, signature bonuses and other fees were actually made by oil frms.

    Also, the committee resolved that the former Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC), Funsho Kupolokun, should appear before it over the ceding of marginal fields to oil and gas operators.

    The committee began investigation into the award of all OPLs and OMLs by the Federal Government to ascertain whether due process and guidelines for the acquisition of oil and gas  assets were complied with.

    In his opening remarks, Gwani said: “The meeting by the committee with relevant agencies would enable the commitee trace the accounts where fees have been lodged, how much have been paid and by whom, what company has paid and who has not , if such payment have actually been received by the government or not, as well as the balance if any.”

    According to a member of the Commitee, Diri Douye, contradictory documents from the Department of Petroleum Resources (DPR) and OAGF were a source of concern to the committee

    He said while DPR claimed  that ConOil (OPL 257) has paid $100million, the AGF claimed in its submission that the same money was missing.

    “There are several contradictions contained in the document submitted to us by DPR and AGF and we must get to the root of this matter; that is why we have asked the CBN to provide us with the statement of accounts of the DPR so we can be sure we got the right document from the DPR,”he said.

    CBN was also queried over its decline in providing the statement of account of monies paid into the DPR account since 2002.

    In his response, CBN’s Deputy Governor, Bayo Adelabu said discussions have been going on with JP Morgan to provide the statement needed.

    He said: “According to J.P Morgan Policy, any information on a particular account exceeding seven years is achieved and we are talking of information from 2002 which was done manually so getting these information is not easy.

  • El-Zakzakky initiates contempt proceedings against AGF, DSS

    El-Zakzakky initiates contempt proceedings against AGF, DSS

    Detained of the Shi’a Islamic Movement in Nigeria leader Sheik Ibrahim El-Zakzakky has filed contempt proceedings against the Department of State Services (DSS), the police and the Attorney-General of the Federation, Abubakar Malami (SAN), over his detention.

    He filed a Form 48 (Notice of Consequence of Disobedience of Order of Court) at the Federal High Court in Abuja on January 20.

    The application was brought pursuant to Order IX, Rule 13 of the Judgment (Enforcement) Rules.

    The court had last December 2 ordered his release following his arrest by the military on December 14, 2015, after a clash between the movement and soldiers.

    El-Zakzaky approached the court to demand his release, months after he was arrested without being charged to court. He was ordered to be released.

    Despite the order, he was still kept in detention.

    The Form 48 reads in part: “Take note that unless you obey the direction contained in the order of the Federal High Court of Justice, Abuja delivered on the 2nd December, 2016, which ordered you to release the applicants in Suit No. FHC/ABJ/CS/281/2016 and its sister case suit No. FHC/ABJ/CS/282/2016 within forty (40) days, inter alia you will be guilty of contempt of court and will be liable to be committed to prison.

    “This court has been informed that even as at today, Friday the 20th January 2017, you are yet to comply with the lawful order of this Honorable court by refusing to release the following person namely: Sheikh El-Zakzaky and Mallama Zeenah Ibrahim, in your custody. You are hereby directed to comply with the court order forthwith or you will be guilty of contempt of court.”

  • Magu: Buhari orders Malami to submit report through VP

    Magu: Buhari orders Malami to submit report through VP

    •Presidency dismisses reported
    sack of EFCC Chair
    •Senators meet in Dubai over pressure
    on rethink of decision on Magu

    President Muham-madu Buhari has delegated Vice President Yemi Oshinbajo to have an input in the recommendation of Federal Attorney-General, Abubakar Malami, on the AGF’s report on the Acting Chairman of the Economic and Financial Crimes Commission( EFCC), Mr. Ibrahim Magu.
    Malami was recently asked by Buhari to query Magu on allegations by the Senate, which stalled his confirmation by the Red Chambers.
    This emerged on a day the presidency denied social media reports that Magu had been dropped by Buhari on account of the Senate’s rejection of his nomination.
    The Nation also gathered that a key member of the president’s kitchen cabinet, Amb. Babagana Kingibe, Pastor Tunde Bakare, a respected governor and some ministers, including Buhari’s strategists, are rallying for Magu’s confirmation.
    The intrigues surrounding the fate of the Acting EFCC chairman are continuing with some Senators relocating to Dubai to consider pressure on them to review their decision on Magu.
    Investigation yesterday showed that while the AGF’s report on Magu was ready, the president insisted on due process.
    It was learnt that the AGF had attempted to submit the report directly but Buhari asked him to route it through the VP.
    It was gathered that the president wanted a second opinion, preferably from the vice president, who is a professor of law.
    A source familiar with the development said: “The president has directed the AGF to send his report or advisory on Magu to the vice president for review.
    “This is the position of things as I speak with you on the status of Magu. I cannot say exactly whether or not the AGF has submitted the report to Osinbajo.
    “This is a matter with many vested interests some of who might have been the brains behind the rumours of sack of Magu. The corrupt elements will never give up with their mischief.”
    Responding yesterday on his Twitter handle to speculation that Magu had been dropped by Buhari, the Senior Special Assistant to the President on Media and Publicity, Mallam Garba Shehu, said there was no such development.
    He said:”We are reading reports that the @officialEFCC Chairman, Ibrahim Magu has been sacked.
    ”No report has been made available to the presidency by the Attorney-General of the Federation over the matter.
    ”The report of his sack is therefore speculative and preemptive”.
    However, sources confirmed that the president on Friday gave the AGF and Magu additional responsibilities in the anti-corruption campaign.
    Another source said: “It is amusing to read about the purported removal of Magu when the AGF and the Acting EFCC chairman worked late on Friday.
    “They were given an urgent assignment by the president and they are both working hard to meet the deadline set for them.”
    Notwithstanding, investigation by our correspondent revealed that the kitchen cabinet of the president is split over Magu.
    While some wanted the Acting EFCC chairman out, Amb. Babagana Kingibe is leading others who prefer the retention and re-nomination of Magu by the President.
    An authoritative source said that a friend of the President, Pastor Tunde Bakare, met with him on the need to “resist forces of darkness” by retaining Magu.
    Others backing Magu are the Presidential Advisory Committee Against Corruption( PACAC), the Senate Leader, Sen. Ali Ndume, a respected governor and some ministers, (including those now called Buhari boys) who do not want their names in print for strategic reasons.
    “The pro-Magu forces, led by Kingibe, are pulling the strings by telling the President that Magu is a symbol of the success which Buhari has achieved on anti-corruption war.
    “They said the alternative is to return the nation to the looting era of the last administration.”
    Asked of the position of the vice president, the source added: “No one can say yet but he is an anti-corruption activist. Go and check his antecedents.”
    Meanwhile, some Senators have held a secret meeting in Dubai to consider pressure on them to have a rethink on their decision on Magu.
    Some of those at the session were said to be “strategic” to decision making in the Senate.
    A Senate source said:”There has been pressure on Senators since a decision was taken not to consider the President’s request on Magu.
    “Some Senators actually held a meeting in Dubai on how to handle the aftermath of the Senate’s decision on Magu, including public opinion and the implications on the unity of the Senate.
    “You know, the Senate is not totally united on Magu’s fate. Ndume and some Senators have a different perspective on how the Senate ruled out the confirmation request on Magu.
    “Some Senators may join issue with Senate leadership on its last decision on Magu. Yet, preserving the unity of the Senate is more paramount than any other thing.
    “Many influential Nigerians have also intervened on behalf of the Acting EFCC chairman. They are asking the Senate to revisit the confirmation whenever the p0resident sends a fresh request. We are all products of different constituencies and districts; we cannot be deaf to all these lobbyists.”
    Meanwhile, Magu, unruffled by reports that he had been fired as acting Chairman of EFCC, yesterday asked those displaced by Boko Haram insurgency in the North-East not to be demoralised by their present predicament.
    They should rather be strong, he said, pledging an end to their travails soon.
    Magu during a visit to two internally displaced persons’ camps in Abuja said: “I am aware that most of you never expected that you will find yourselves in this predicament. There are things we, as human beings, cannot change.
    “But whatever situation we find ourselves, we can make the most of it. That is the reason I am here today to tell you that I feel your pains and to celebrate this special season with you.”
    He urged the IDPs to be disciplined and stay out of crime, assuring them that government was determined to bring an end to their suffering.
    He said with peace gradually returning to the North East, it would not be long before they return to the comfort of their homes.
    The EFCC boss distributed various food items to thousands of IDPs at the Kuchingoro and Area 1 camps in Abuja.

  • AGF: how we found $1.30m at ex-panel member’s home

    AGF: how we found $1.30m at ex-panel member’s home

    The office of the Attorney-General of the Federation (AGF) has disclosed how over $1.30million cash was recovered from the Abuja home of a member of the committee set up by President Muhammadu Buhari to investigate the procurement of arms and equipment in the Armed Forces, Air Commodore Umar Mohammed (retd).

    A lawyer representing the office, Shuaibu Labaran, said upon receiving intelligence, operatives of the Department of State Services (DSS) stormed Umar’s home, conducted a search and recovered $1,030,000 cash and other currencies.

    Labaran said some sensitive official documents (which he refused to name) and two pump action guns (marked: SBSG Magnum 397 and SBGS Interpress 09-1573) were also recovered at No: 4 Lungi Close, Mississippi, Maitama, Abuja.

    Labaran was making his opening remark, as the lead prosecution lawyer in the trial of Mohammed and his firm, Easy Jet Integrated Services Limited, before Justice John Tsoho of the Federal High Court, Abuja.

    Under the Administration of Criminal Justice Act (ACJA) 2015, a prosecutor is required, before the commencement of trial, to render an opening statement, containing a summary of his/her case against the defendant.

    Earlier, Labaran told the court that the prosecution had complied with its order for Umar’s release from DSS’ custody, having fulfilled his bail condition, following which he applied to make the opening statement.

    Lead defence lawyer Hassan Liman (SAN) confirmed Umar’s release.

    He said his client was released on December 2. Liman did not object to Labaran’s request to make an opening statement.

    Labaran said: “Following intelligence over a case of money laundering and unlawful possession of official documents and firearms, operatives of the State Security Service (SSS), armed with valid and subsisting search warrant, conducted a search in the premises of the 1st defendant (Mohammed).

    “During the search, large sums of money in different currencies and denominations, including $1,030,000 cash were recovered.

    “Investigation revealed that the said money was part of a transaction between the 1st defendant and the 2nd defendant (Easy Jet Integrated Services Limited), which offends relevant provisions of the Money Laundering Act, having failed to pass through any financial institution.

    “The prosecution, in the course of trial, will lead evidence to show the official documents found in the possession of the 1st defendant and the purpose for which those documents were kept in his possession, as well as the firearms that were also recovered.”

    “In the course of trial, the prosecution will lead evidence to prove these facts and tender exhibits recovered, and other evidence in proof of the charge pending before the court,” Labaran said.

    At the completion of Labaran’s statement, Justice Tsoho directed parties to agree on a convenient date for trial to open.

    Liman and Labaran agreed to return on February 14, next year. The judge adjourned till that date for the prosecution to open its case.

    Umar, 54, and his company, Easy Jet Integrated Services Limited, are being tried on a four-count amended charge of money laundering and unlawful possession of firearms and official documents.

    They are accused of conspiracy and accepting $1,030,000 in cash from a firm, Worldwide Consortium PTY Ltd, as payment for flight services without going through a financial institution as required by law.

    They have, by so doing, committed money laundering, contrary to sections 18 (a) and 16(1)(d) of the Money Laundering Act 2011 and punishable under Section 16(2)(b) of the Act.

    Umar was accused of being in possession of two pump action guns (marked: SBSG Magnum 397 and SBGS Interpress 09-1573) between June 1, 2011 and June 19, 2016 without valid licences and thereby committed an offence contrary to Section 4 of the Firearms Act 2004 and punishable under Section 27(1)(b)(i) of the act.

    He was also accused of having at his 4, Lungi Close, Mississippi, Maitama, Abuja home “classified/official documents without lawful authority and thereby committed an offence contrary to Section 1(1)(b) of the Official Secret Act and punishable under Section 7(1)(a) of the same Act”.

  • How judge got N8m car gift using son, by AGF

    How judge got N8m car gift using son, by AGF

    Fed Govt files fresh charges against Ademola

    The office of the Attorney General of the Federation (AGF) has accused Justice Adeniyi Ademola of the Federal High Court, Abuja of accepting an N8million car as gratification from a lawyer, Joe Odey Agi.

    Justice Ademola, 63, allegedly accepted “a BMW saloon 320i, valued at N8m” through his son, Ademide Ademola.

    He is also accused of attempting to obtain N25m gratification from Sani Shaibu Teidi with a view to showing him favour.

    Teidi, a former director, Pension Accounts Office, Head of Civil Service of the Federation, was charged before the judge in 2013 with alleged involvement in a pension scam.

    The allegations are contained in a fresh charge filed against Justice Ademola and his wife, Olabowale by the office of the AGF.

    The AGF accused the wife of accepting N30m on behalf of her husband from a law firm known as Messrs Joe Agi and Associates.

    In the 11-count charge filed on December 1, the couple are accused, in count one, of conspiring, between March 11 and 24, 2015, to receive gratification from Messrs Joe Agi and Associates through their accounts 206/174191/2/0 and 201/110160/1/0 domiciled at GTBank Plc, and committed an offence contrary to Section 26(1)(c) of the Corrupt Practices and other related offences Act 2000.

    Mrs. Ademola is accused in counts two, three and four of receiving N10m gratification thrice from Messrs Joe Agi and Associates through her GTBank account on behalf of her husband between March 11 and 24, 2015, an offence contrary to Section 8(1)(a) of Corrupt Practices and other related offences Act 2000.

    Justice Ademola is accused in counts five and six of “dealing with property subject matter of an offence” by transferring N85m and N90m on February 24, 2014, through his account 286/174191/2/0 in GTBank to Franco Dan Parker, “which forms the proceeds of an unlawful act and thereby committed an offence contrary to Corrupt Practices and other related offences Act 2000.

    The judge is accused in count seven of attempting, on February 21, 2014, to obtain gratification of N25m from Sani Shaibu Teidi “as a motive for showing favour in the exercise of your official functions, contrary to Section 118(b) of the Penal Code Act”.

    He is in count eight accused of receiving gratification of “a BMW saloon 320i, valued at N8m from Joe Odey Agi, through your son, Ademide Ademola, an act contrary to Section 8(1)(a) of the Corrupt Practices and other related offences Act, 2000.

    In count nine, 10 and 11, the judge is accused of illegally possessing firearms and ammunition (one Avar Magnum 608, Avar Magnum 6284) and 35 rounds of live ammunition (catridges) without valid licences an offence contrary to Section 3 of the Robbery and Firearms (Special provisions) Act 2004.

    The planned arraignment of the couple before a High Court of the Federal Capital Territory (FCT) in Maitama was stalled yesterday, owing to the inability of the prosecution to effect service of the charge on the defendants.

    When the case was called, the Director of Public Prosecution of the Federation (DPPF), Mohammed Umar, told the court that in exercising his powers under Section 174 of the Constitution, and Section 104 of the Administration of Criminal Justice Act (ACJA), the AGF has instructed that a private lawyer, Segun Jegede lead the prosecution of the case.

    When he took over, Jegede, a former prosecutor at the International Criminal Court (ICC), told the court  that the court’s bailiff was unable to serve the defendants the charge.

    Relying on the provision of Section 382(5) of the ACJA, Jegede sought the court’s permission to serve copies of the charge on the defendants’ lawyer, for onward transfer to them.

    He eaqually applied to withdraw an earlier charge filed by the prosecution on November 14, 2016.

    Defence lawyer Jeph Njikonye, did not object to the prosecution’s withdrawal of the earlier charge.

    He also expressed his readiness to accept copies of the new charge for his clients.

    Justice Jude Okeke struck out the charge withdrawn by the prosecution and directed Njikonye to accept copies of the fresh charge for his clients.

    Justice Okeke adjourned till Tuesday for arraignment.

  • Kashamu must justify allegation against AGF, NDLEA, says court

    Kashamu must justify allegation against AGF, NDLEA, says court

    A Federal High Court in Abuja has asked Senator Buruji Kashamu to justify the contempt allegation  he made against the minister of Justice and federal attorney general (AGF) as well as the National Drug Law Enforcement Agency (NDLEA) following alleged fresh moves to abduct him and ship him to the United States  (US) to face illicit drugs related offence trial.

    Kashamu had filed a motion, accusing the AGF and NDLEA of being in contempt of the court’s ruling of July 1, 2015, dismissing an extradition application filed by former AGF, Mohammed Adoke (SAN), by allegedly making fresh moves to arrest him and extradite him.

    Adoke filed the application on May 28, 2015, upon an alleged request by the U.S. asking Nigeria to submit Kashamu for extradition.

    In a ruling on July 1, 2015, Justice Gabriel Kolawole held that his court had no jurisdiction to hear the suit following subsisting orders and judgments restraining the NDLEA and AGF from entertaining any extradition request from the US against Kashamu.

    The court said Kashamu had been exonerated by two British court judgments.

    Justice Kolawole noted that the subsisting judgments and orders of the British and Nigerian courts had not been appealed or set aside by an appellate court.

    When parties returned to court on October 26, Justice Kolawole asked Kashamu’s lawyer C. I. Ndukwe to justify his claim that the NDLEA and AGF were in contempt of any court order.

    The judge noted that his ruling of July 1, 2015, did not include any injunctive order, which could be breached. He said he was not convinced the alleged contemnors were in contempt.

    Justice Kolawole noted that contempt proceedings, being a quasi-criminal one, require the presence of the alleged contemnors in court during proceedings. He said the court needed to be convinced the AGF and NDLEA were in contempt before they could be summoned to attend proceedings.

    The judge said if the AGF and NDLEA were taking fresh steps to arrest Kashamu and extradite him, the proper option opened to him (Kashamu) was to file a fresh suit.

    Justice Kolawole fixed December 15 to hear Kashamu’s lawyer and NDLEA’s objection.

  • Judges’ arrest: Buhari, DSS, AGF sued for N50b

    Judges’ arrest: Buhari, DSS, AGF sued for N50b

    President Muhammadu Buhari; Minister of Justice and  Attorney General of the Federation (AGF) Abubakar Malami (SAN); and three others have been sued at the Federal High Court in Abuja for the arrest of some judges by the Department of State Services (DSS).

    The suit, which also has the Director General of the DSS, Lawal Daura; Inspector General of Police (IGP) Ibrahim Idris; and National Security Adviser (NJC) as respondents, seeks, among others, N50 billion as compensation for the alleged violation of the judges’ rights.

    The plaintiff, Olukoya Ogungbeje,  alleged that the arrest of the judges without recourse to the NJC was unlawful and amounted to humiliating them.

    Ogungbe, who sued on behalf of five of the judges, who are still in service,  said the DSS operations violated the rights of judges under sections 33, 34, 35, 36, and 41 of the Constitution.

    The judges are Sylvester Ngwuta, John Okoro, Adeniyi Ademola, Muazu Pindiga and Nnamdi Dimgba.

    The plaintif is seeking 10 reliefs, including N50 billion against the defendants as “general and exemplary damages” and  N2 million as cost of the suit.

    Ogungbeje also wants an order compelling the DSS to return to the judges the money recovered from them.

    He also seeks perpetual injunction restraining the defendants from arresting, inviting, intimidating, or harassing the judges with respect to the case.

    The plaintiff is, among others, contending that the raid on the homes of the judges and their arrest was unconstitutional.

    In a supporting affidavit, the plaintiff stated: “That there is no petition by the first (President Buhari), second (DG of DSS), third (DSS), fourth (AGF), and fifth (Inspector-General of Police) respondents to the sixth respondent (NJC).

    “That the sixth respondent is the only body empowered by the Constitution to discipline judges and judicial officers in Nigeria.

    “That the judiciary is an independent arm of government in Nigeria and separate from the executive and the legislature.

    “That this illegal and unconstitutional action by the first, second, third, fourth and fifth respondents have been roundly condemned by the Nigeria Bar Association.”