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Tag: Boniface Emenalo

  • I accepted Otedola’s $100,000 bribe to expose him – Emenalo

    I accepted Otedola’s $100,000 bribe to expose him – Emenalo

    Former co-accused to Farouk Lawan, the ex-Chairman, House of Representatives Ad-hoc Committee on Fuel Subsidy, ‎Boniface Emenalo has said he accepted the $100,000 offered members of the committee by businessman, Femi Otedola with the intention of exposing his (Otedola’s) plot to influence the outcome of their investigation.

    Emenal, who the prosecution later substituted as its witness, leaving only Lawan as the accused, spoke Tuesday while testifying in Lawan’s trial before a High Court of the Federal Capital territory (FCT) in Lugbe, Abuja.

    Lawan is being prosecuted by the Independent Corrupt Practices and other related offences Commission (ICPC) for allegedly “corruptly” collecting $500,000 out of the $3m bribe he requested from Otedola.

    Lawan is accused of accepting the bribe in exchange for the removal of Otedola’s company’s name, Zenon Petroleum and Gas Ltd from the list of firms indicted by the House committee for allegedly abusing the fuel subsidy regime in 2012.

    Emenalo, who had on March 7, 2016 given details of how he collected the $100,000 from Otedola in $100 bills, denied Tuesday, while being cross-examined by Lawan’s lawyer, Mike Ozekhome (SAN), some of the allegations against Lawan by the prosecution.

    The witness said, on Otedela’s invitations, he met with him (Otedole) on April 22, 2012 ‎and on Tuesday April 24, 2012‎ at his home in Aso Drive, Maitama, Abuja.

    He said at his first meeting with Otedola, they had discussions on issues including those relating to the work of the committee and areas he (Otedola) could make suggestions.

    Emenalo denied receiving ‎$20,000 bribe from Otedola during their first meeting.

    The witness confirmed that it was during the second meeting that Otedola gave him the $100,000 which he claimed to have handed to Lawan as exhibit.

    “The money I collected from Mr. Otedola was meant to be an exhibit to prove that members of the ad-hoc were being pressurised. I informed my chairman (Lawan) and handed over the money my chairman.”

    When asked to read part of the two statements he made to the police during the investigation, he insisted that Otedola gave the money to him as a bribe.

    The statements,‎ one of which was dated June 14, 2012 and the other undated were tendered by Ozekhome and admitted as exhibits without any objection from the prosecuting lawyer,  Adegboyega Awomolo (SAN).

    Emenalo confirmed that Zenon Petroleum and Gas Ltd belonging to Otedola was one of the companies indicted by the ad-hoc committee for obtaining foreign exchange for importation of Premium Motor Spirit (PMS) under the fuel subsidy scheme, but diverted it.

    He said Zenon got $232,975,385.13‎‎ foreign exchange, but failed to use the money for fuel importation.

    The witness also said Otedola wrote a complaint letter to the secretariat of the committee on April 18, 2012 asking for his company’s name to be removed from the list of indicted firms.

    He said his committee could not do anything on his case, because by then, the report had been submitted on the floor of the House.

    Emenalo denied calling the then Managing Director of Zenon Petroleum, Kareem Otaru, to ask for direction to Otedola’s house.

    When told that Otaru had claimed in his statement that that ‎he (the witness), was the one who called to ask for direction to Otedola’s house, Emenalo said, “never; I did not call him. He was the one who called me. I will be very surprised if he said I called him, asking for Mr. Otedola’s house,” he said.

    The witness equally denied collecting Otedola’s phone number from Otaru.

    In his evidence-in-chief, Emenalo had, on March 7, ‎ 2016 said, “I came across Femi Otedola during this assignment on April 24, 2012. I received persistent calls from Mr. Otedola in the morning and reported to Lawan and he asked him to play along with him and that he was with him the previous night.

    “When Otedola called again, he asked me to come over to his house, gave me the discription, when I got there, he also confirmed that he was with my chairman the previous night. He gave me two bundles of dollar bills in $100 denomination. Each bundle was $50,000 making it $100,000 that was not converted.

    “When I got back to the office, I wrote a memo forwarding the money to my chairman that same April 24, 2012 which he took from me.”

    A copy of the memo was admitted by the court in evidence. Emenalo concluded his evidence Tuesday when defence lawyer, Ozekhome told the court he was through with his cross examination of the witness.

    The trial continues today.

     

  • $620,000 bribe: Otedola to testify against Lawan

    $620,000 bribe: Otedola to testify against Lawan

    The prosecution in the trial of ex-chairman, House of Representatives ad-hoc Committee on Fuel Subsidy, Farouk Lawan, has indicated its intention to invite businessman, Femi Otedola, as one of its witnesses in the case.

    The Nation gathered that Otedola was listed as a prosecution witness in some documents currently before the court.

    Lawan was arraigned alongside the former Secretary of the committee, Boniface Emenalo on a seven-count charge before Justice Mudashiru Oniyangi of the Federal Capital Territory High Court, Maitama, Abuja, on February 2, 2013.

    In the case filed by the Independent Corrupt Practices and other related Commission (ICPC), the duo were accused of receiving the $620, 000 as bribe from Otedola, ostensibly to exclude his companies – Zenon Petroleum and Gas and Synopsis Enterprises Limited – from the list of companies found to have allegedly defrauded the Federal Government during the fuel subsidy regime.

  • Mockery of the judiciary

    Mockery of the judiciary

    •The Lawan and Emenalo case indicates how mischievous delays and rigmarole subvert justice

    Practitioners of our criminal justice system make a mockery of the country, when criminal trials last for years; and officials of state must gear up to stop it. We consider it a travesty that politically exposed persons indicted for crimes, see it as a leisure walk, without any consequences. The result is that impunity reigns supreme. Shockingly, most times the pattern is the same, with undue delays in the trial, sabotage by state officials, and blackmail of judicial officials by accused persons, as the prime route to the mockery of our criminal justice system.

    The latest of such inanities called criminal trial is that of Farouk Lawan and Boniface Emenalo who allegedly collected $620,000 as bribe from Femi Otedola, in order to remove the name of his company from those indicted by the House of Representatives Ad Hoc Committee on Fuel Subsidy, for allegedly defrauding the country. Interestingly, there was an alleged video evidence of the bribery, in what the federal authorities claimed was a ‘sting operation’, which in any sane society would have made the trial fairly straightforward, so as to establish the culpability or innocence of the accused persons.

    But what is simple and straightforward in other climes assumes conspiratorial complications in Nigeria, particularly under the present administrators of our criminal justice system. We recall the trials of other politically exposed persons, like some of the former state governors, which have been stalled for one reason or another. While criminally orchestrated delays may top the list, among the commonest abuses of our court process, the levelling of unfounded allegations against judges, which turn out to be mere smokescreen to buy time or seek a more pliable judge, is one tactics that is so nauseating.

    The trial of Lawan and Emenalo which started under Justice Mudasiru Oniyangi, was aborted and started afresh, following the elevation of the judge to the Court of Appeal. Now, again after the loss of several months, Justice Adebukola Banjoko of an Abuja High Court has withdrawn from the trial to stem an unfounded allegation that sought to impugn the judge’s integrity. It is strange that the accused persons can write a petition alleging bias against the judge, only to withdraw it after the harm has been done, yet there is no punishment for such recklessness.

    Also worrying is that judges fall for such tricks without exercising their powers to punish for contemptuous conduct committed before a judge. Many accused persons, without any iota of proof, resort to this tactics, of accusing the judges of bias. And when the heat raised by such serious allegation is in the public domain, the accused or their lawyer simply apologises, while the judge most times timidly withdraws from the trial, which is what the accused merely wanted to achieve. We detest this use of blackmail to derail criminal trials, and urge the judges to be bold and strong in the face of such intimidation, and go ahead and punish for contempt in facia curia.

    We also condemn the seeming indifference of the Attorney-General of the Federation (AGF) to this criminal abuse of our judicial system. While the Federal Government is clearly complicit in some of the abuses suffered by the criminal justice system, at other times the AGF merely stands aloof, and watches our common humiliation, as a modern state, which is what those conducts amount to. As the legal precept posits, ‘justice delayed is justice denied’; and in this instance, both an accused and the state deserve to have a speedy and transparent trial at all times.

     

  • Alleged bribe: Farouk Lawan, Emenalo re-arraigned

    Alleged bribe: Farouk Lawan, Emenalo re-arraigned

     Eric Ikhilae, Abuja

    Former Chairman, House of Representatives ad-hoc Committee on Fuel Subsidy Regime, Farouk Lawan and its ex-Secretary, Boniface Emenalo were re-arranged on Wednesday before a High Court of the Federal Capital Territory (FCT) in Gudu, Abuja.

    They were arraigned on a seven-count charge bordering on receipt of bribe and abuse of office in relation to the allegation that they received $620, 000 as bribe from the Chairman, Zenon Oil and Gas, Femi Otedola.

    They allegedly collected the money to exclude Otedola’s companies – Zenon Petroleum and Gas as well as Synopsis Enterprises Limited – from the list of companies found to have allegedly defrauded the Federal Government of billions of naira in fuel subsidy.

    They were earlier arraigned on the same charge before Justice Mudashiru Oniyangi (formerly of the FCT High Court, Maitama) before his elevation to the Court of Appeal some months ago.

    Justice Oniyangi’s elevation informed the transfer of the case to a new judge – Justice Adebukola Banjoko – before whom the accused persons took their fresh pleas on Wednesday.

    When the case was called, lead prosecution lawyer, Adegboyega Awomolo (SAN) informed the court that the business of the day was for the accused persons to plead to the charge afresh.

    When asked by the judge if there was any application pending at the Court of Appeal in relation to the case, he said no, a position the lead defence lawyer, O. Jolaawo also confirmed.

    Upon listening to the charge, read to them by an official of the court, Lawan and Emenalo pleaded not guilty.

    Jolaawo later applied to the court to allow the accused persons continue with the bail earlier granted them by the former trial judge.

     

  • Alleged $620,000 bribe: Farouk Lawan, Emenalo lose bid to stop trial

    Alleged $620,000 bribe: Farouk Lawan, Emenalo lose bid to stop trial

    The Court Appeal in Abuja has dismissed an appeal filed by former Chairman, House of Representatives  Ad-hoc Committee on Fuel Subsidy Regime and its ex-Secretary,  Farouk Lawan and Boniface Emenalo.

    They had challenged the decision of a High Court of the Federal Capital Territory (FCT) to the effect that they both had a case to answer in relation to allegation that they received $620, 000 as bribe from the Chairman,  Zenon Oil and Gas, Femi Otedola, ostensibly to exclude the names of Otedola’s companies – Zenon Petroleum and Gas and Synopsis Enterprises Limited – from the list of companies found to have allegedly defrauded the Federal Government of billions of naira.

    The appellate court, in a unanimous judgment yesterday, held that the appeal by Lawan and Emenalo was unmeritorous and consequently dismissed it.

    Progress had been halted in the case lately owing to the elevation of the trial judge, Justice Mudashiru Oniyangi to the Court of Appeal.

    The court’ Chief Judge is expected to reassign the case to a new judge before whom the case will begin afresh.

    Prosecution lawyer, Adegboyega Awomolo (SAN) said he would do a letter to the Chief Judge asking him to re-assign the case.

    Lawan and Emenalo are being prosecuted by the Independent Corrupt Practices and other related Commission (ICPC) for allegedly receiving $620, 000 as bribe from the Chairman,  Zenon Oil and Gas, Femi Otedola, ostensibly to exclude the names of Otedola’s companies – Zenon Petroleum and Gas as well as Synopsis Enterprises Limited – from the list of companies found to have allegedly defrauded the Federal Government of billions of naira.

  • Subsidy bribe: Lawan’s bid to stall proceedings dismissed

    Subsidy bribe: Lawan’s bid to stall proceedings dismissed

    An Abuja High Court in Maitama on Wednesday dismissed a fresh application for stay of proceedings in the trial of former Chairman, House of Representatives ad hoc Committee on Subsidy Probe, Farouk Lawan and the committee’s Secretary, Boniface Emenalo.

    Lawan and Emenalo are being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for allegedly receiving $620,000 from a businessman, Femi Otedola to influence the report of the committee in favour of his company, Zenon Oil and Gas Limited.

    The court had rejected a similar application by the accused in a ruling on July 10 this year and adjourned till Wednesday (today) for commencement of trial.

    The prosecution, represented by Adegboyega Awomolo (SAN) was to call its first witness, when the lawyer told the court he was served with an appeal notice by the accused persons on August 8.

    “Also this morning in court, I was served with an application filed and dated July 15 at the Court of Appeal by the accused, praying for an order of stay of further proceedings in this charge,” Awomolo added.

    He recalled that the court had on July 10 dismissed similar application for stay of proceeding.

    Awomolo said the accused filed similar application before the Court of Appeal a week after the court dismissed their earlier application.

    He argued that in view of the court earlier ruling, it could only adjourn proceedings, but not stay it.

    Lead defence lawyer, Ricky Tarfa (SAN), confirmed that the defence filed an application dated July 15 before the appellate court.

    Tarfa urged the court to stay proceedings in view of the pending appeal.

    He argued that it will be neater and in the interest of justice for the trial court to await the outcome of his clients’ application before the Court of Appeal.

     

     

  • Court rules for prosecution of Lawan, Emenalo

    An FCT High Court on Friday dismissed an application seeking to quash alleged corruption charges against Rep. Farouk Lawan.

    Lawan was the former Chairman, House of Representatives Ad Hoc Committee on Fuel Subsidy Regime.

    He is standing trial alongside his Vice Chairman, Boniface Emenalo, on a seven-count charge of allegedly obtaining N625 million bribe from Mr Femi Otedola, the Chairman of Zenon Petroleum and Gas Ltd.

    At the resumed hearing, Justice Mudashiru Oniyangi, said the Counsel to the accused, Mr. Rickey Tarfa (SAN), brought an application seeking an order of the court to quash charges number FCT/HC/CR/76/2013.

    Oniyangi said the application also challenged the competence and jurisdiction of the court to try and determine the offences in the said charge.

    The judge said the Prosecuting Counsel, Chief Adegboyega Awomolo (SAN), filed a 12-paragraph affidavit and written address urging the court to dismiss the application, describing it as frivolous and an abuse of court process.

    He said the prosecution also raised an issue for determination that, whether the court can look at the merit of the application seeking to quash the charges before trial.

    In his ruling, Oniyangi, after quoting different authorities, submitted that the court had competence and jurisdiction to hear and determine the case.

    According to him, the court considered proof of evidence and writing statement of the applicant, adding that granting such application does not amount to an abuse of court process.

    He said that the court had not heard any witness to determine whether or not there was a prema-facie case against the accused.

    According to him, it was premature at this stage to determine whether prosecution has case against the accused or not.

    In view of this, prosecuting counsel, prayed the court to fix a date for trial.

    Tarfa said, “ the accused has two options: either to go ahead with the trial or for appeal, because the constitution allows him to go on appeal if he so desires.

     

     

    Oniyangi adjourned the case to June 19 for hearing

  • Bribery scam: Farouk, Emenalo want charges quashed

    Bribery scam: Farouk, Emenalo want charges quashed

    Former Chairman of the House of Representatives Adhoc committee on fuel subsidy, Hon. Farouk Lawan and the Secretary of the Committee, Boniface Emenalo on Wednesday urged an Abuja High Court to throw out the charge of receiving$620,000 against them.

    The duo are facing trial for allegedly receiving the sum from businessman, Femi Otedola to influence the report of the committee in favour of Zenon Oil and Gas Limited.

    Their counsel, Mr Rickey Tarfa, SAN argued that the court ought not to have granted the application for leave to prefer the charges because the prosecution failed to provide adequate materials necessary for the judge to exercise his discretion to grant the application.

    The trial judge, Justice Mudashiru Oniyangi   after listening to the arguments for and against the application to quash the charges said he would deliver a ruling on May 2, 2013.

    Tarfa, while substantiating his application to quash the charges,asked the court to discharge the accused since no prima-facie case had been made against them.

    He argued that the foundation  of the case against them was not legally laid.

    He said the prosecutor failed to comply with the provisions of section 155 (1)(b) of the Criminal Procedure Code which required that statements of witnesses be attached to the application to prefer charges.

    Although the trial was scheduled to commence on Wenesday, Tarfa insisted that the court must first hear and determine the application to quash the charges.

    He said that the application to quash the charges also challenged the jurisdiction of the court to conduct the trial.

    The prosecuting counsel, Chief Adegboyega Awomolo, SAN in his response asked the court to dismiss the application even as he described it as a ploy to waste the time of the court.

    Awomolo said the Supreme Court had held in many cases that the purpose of seeking for leave of court’s to prefer charges was to ensure that frivolous criminal charges were not filed and not to allow the accused persons to see the details of the charges against them.

    He argued that the charges remained valid adding that non-attachment of witnesses’ statement did not vitiate the legality of the charges.

    Lawan and Emenalo were said to have violated the provisions of the Independent Corrupt Practices and other related Offences Commission Act.