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Tag: Christian Nwosu

  • Court convicts INEC chiefs for receiving bribe from Diezani

    The Federal High Court in Lagos on Thursday convicted a former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State Mr. Christian Nwosu.

    Also found guilty was his co-accused, a former INEC official Mr. Tijani Bashir.

    The Economic and Financial Crimes Commission (EFCC) arraigned them for accepting bribe from former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke.

    The commission said the former minister received gratification from oil marketers such as Auctus Integrated Services Ltd, Northern Belt Oil, Gas Ltd and Midwestern Oil and Gas Ltd and Leno Adesanya.

    The money was part of slush funds distributed with a view to influencing the 2015 general elections, which former President Goodluck Jonathan lost.

    EFCC said the defendants conspired to directly take possession of N264, 880, 000, which they reasonably ought to have known forms part of an unlawful act – gratification.

    The convicts were charged with another INEC official Yisa Adedoyin, who pleaded guilty to the offence and was convicted following a plea bargain.

    Nwosu had initially pleaded guilty to receiving N30million bribe from Mrs. Alison-Madueke to rig the 2015 general election results at his arraignment on April 5, 2017; he changed his plea to not guilty when he was re-arraigned.

    EFCC said the convicts made cash payment of N70, 050, 000 to Adedoyin, which exceeds the amount authorised by law without going through a financial institution.

    Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he reasonably ought to have known forms part of gratification and concealing N30million, being part of the proceeds of an unlawful act: “criminal misappropriation”.

    The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.

    In his verdict, Justice Mohammed Idris held that the prosecution proved the case beyond reasonable doubt.

    “I find that the prosecution has proved this case beyond reasonable doubt in a manner required by law.

    “I, therefore, find the first and second defendants guilty as charged,” he held.

    The judge, however, could not pass a sentence on the defendants due to Nwosu’s absence.

    The convict’s lawyer, Obinna Okeke, said Nwosu, based in the Southeast, embarked on a journey to Lagos on Wednesday morning on learning that judgment would be delivered on Thursday.

    The lawyer said Nwosu arrived Lagos late Wednesday.

    “I got a call that he collapsed at the park. He’s on admission in a hospital in Ajangbadi.

    “The doctor had to start administering injections on him. His blood pressure was 200/100. He has been very hypertensive and has not been sleeping,” he said.

    Besides, Okeke said there was a pending appeal on a constitutional issue which the defendants filed at the Court of Appeal.

    “We’re urging your Lordship to grant an adjournment to enable the Court of Appeal dispose of this constitutional issue, by which time the first defendant would have recovered,” he pleaded.

    But, prosecuting counsel Rotimi Oyedepo urged the court to disregard the hospital report which he described as “worthless” and contradictory.

    He said the doctor’s report stated that Nwosu was “conscious and alert”.

    Read Also: Diezani ‘bribe’: Case transfer sought

    Refusing the prayer for adjournment, Justice Idris held: “The first defendant is absent without any valid reason in my respectful view.”

    On the pending appeal, Justice Idris held that the issue of law raised and any appeal from the judgment would both be determined by the Court of Appeal.

    He added that he was bound by the Constitution to deliver the judgment within 90 days.

    In his verdict, Justice Idris held that the defendants went to a Fidelity Bank Plc branch to “conduct an unusual transaction” that was outside the scope of their functions.

    Contrary to Nwosu’s claim that the money was for logistics purposes, Justice Idris held that the convict had no account in Fidelity Bank where he went to receive the money, nor did he receive any instructions to disburse the cash.

    The judge said the fact that he collected huge sums of cash without going through a financial institution meant that an offence was committed.

    Justice Idris noted that the defendants did not tender any instructions with respect to the transaction, adding the prosecution witnesses’ evidence were not contradicted.

    “The money did not come from any political party. The Peoples Democratic Party (PDP) did not issue any cheque in the name of the defendants to legitimise the transaction, neither did INEC.

    “The defendants admitted that they did not receive cheques from anyone, including the PDP or INEC before going to Fidelity Bank. Why did they have to collect such huge amount of money in cash? INEC is not a customer of Fidelity Bank.

    “There was no instruction directing the bank to disburse the said N264, 880, 000 to the intending beneficiaries. The defendants admitted receiving the money.

    “The evidence on record shows that this money did not come from any political party or any other known legitimate source other than the source revealed by the prosecution.

    “The defendants were not customers of Fidelity Bank and were clearly not issued any financial instruments to carry out the transactions.

    “I agree with the prosecution that the manner in which the transaction leading to this charge was consummated shows clearly that the defendants and Fidelity Bank, acting on behalf of Mrs. Diezani Alison-Madueke, agreed to carry out unlawful act.

    “The defendants though may not know reasonably ought to have known in view of the circumstances that the funds were proceeds of unlawful activity.”

    After the finding the defendants guilty, Justice Idris adjourned until 12 noon today for sentencing.
    He ordered that Nwosu be produced in court while Bashir should be kept in EFCC’s custody.

  • Breaking: Diezani ‘bribe’: court convicts INEC chiefs

    The Federal High Court in Lagos on Thursday convicted a former Independent National Electoral Commission ( INEC ) Administrative Secretary in Kwara State Mr Christian Nwosu.

    Justice Mohammed Idris found him guilty of laundering N264million.

    “I find that the prosecution has proved the case beyond reasonable doubt in the manner required by law.

    “I, therefore, find the first and second defendants guilty as charged,” the judge said.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Nwosu allegedly accepting gratification from former Minister of Petroleum Resources Mrs Diezani Alison-Madueke (“still at large”).

    He was re-arraigned along with Tijani Bashir before Justice Idris.

    Read Also: Diezani ‘bribe’: Case transfer sought

    They were charged with another INEC official Yisa Adedoyin, who pleaded guilty to the offence and was convicted following a plea bargain.

    Nwosu had initially pleaded guilty to receiving N30million bribe from Mrs Alison-Madueke to rig the 2015 general election results, but he changed his plea to not guilty.

    Justice Idris has adjourned sentencing until Friday by 12noon to enable Nwosu to be present.

  • Diezani ‘bribe’: INEC chiefs seek case transfer

    A former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State Mr Christian Nwosu on Thursday said Justice Mohammed Idris lacks the jurisdiction to try him.

    He said the judge ought to transfer the case to another judge having been elevated to the Court of Appeal.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Nwosu at the Federal High Court in Lagos for allegedly accepting gratification from former Minister of Petroleum Resources Mrs Diezani Alison-Madueke (“still at large”).

    He was re-arraigned along with Tijani Bashir before Justice Idris.

    They were charged with another INEC official Yisa Adedoyin, who pleaded guilty to the offence and was convicted following a plea bargain.

    Nwosu had initially pleaded guilty to receiving N30million bribe from Mrs Alison-Madueke to rig the 2015 general election results, but he changed his plea to not guilty.

    EFCC said they allegedly conspired to directly take possession of N264,880.000, which they reasonably ought to have known forms part of an unlawful act – gratification.

    They also allegedly made cash payment of N70,050,000 to Adedoyin, which exceeds the amount authorised by law without going through a financial institution.

    Read Also: Court forfeits N325.4m land linked with Diezani

    Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he reasonably ought to have known forms part of gratification.

    Bashir was also charged with indirectly retaining and concealing N30million, being part of the proceeds of an unlawful act: “criminal misappropriation”.

    The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.

    EFCC had earlier closed its case before the charge was amended.

    Rather than open their defence, Nwosu and Bashir made no-case submissions, urging the court to discharge and acquit them.

    But Justice Idris dismissed the no-case submissions.

    Yesterday, the defendants, through their lawyers Victor Opara (for Nwosu) and Nelson Umoh, prayed that the case be re-assigned to another judge.

    They argued that there was no provision in the Constitution that empowers the judge, upon his appointment and confirmation as a Justice of the Court of Appeal, to double as a judge of the Federal High Court.

    “A Justice of the Court of Appeal of Nigeria cannot deliver, make pronouncement, recommendation, decision and or judgement on matters pending before the Federal High Court of Nigeria.

    “The constitutional elevation of my lord cannot be circumscribed by Section 396 (7) of ACJA”, Opara said.

    But Oyedepo emphasised that the prosecution had already closed its case before the judge’s elevation.

    He said the judge is eminently qualified to continue with the “part-heard” case as defined in Section 494 of the Administration of Criminal Justice Act (ACJA) 2015.

    “Section 396 (7) of ACJA gives my lord ‘special dispensation’ to hear and determine part-heard cases which is applicable in this circumstance.

    “There is nothing in the Constitution that specifically restricts or prohibits the granting of ‘special dispensation’ to hear and conclude a part-heard criminal matter by an elevated judge.

    “The provision of Section 396 (7) of ACJA is merely complementary to the Constitution and is not inconsistent with it,” Oyedepo said.

    Justice Idris adjourned until August 27 for ruling.

     

  • Alleged bribery: INEC chiefs have case to answer – Court

    The Federal High Court in Lagos on Wednesday dismissed a no-case submission filed by a former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State, Mr. Christian Nwosu.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Nwosu for allegedly accepting gratification from former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke.

    He was re-arraigned along with Tijani Bashir before Justice Mohammed Idris.

    They were arraigned with another INEC official, Yisa Adedoyin, who pleaded guilty to the offence and was convicted following a plea bargain.

    Nwosu had initially pleaded guilty to receiving N30million bribe from Mrs. Alison-Madueke to rig the 2015 general election results, but he changed his plea to not guilty.

    The INEC official claimed he was induced by EFCC to plead guilty at first, but pleaded not guilty when he was re-arraigned.

    EFCC said they allegedly conspired to directly take possession of N264,880.000, which they reasonably ought to have known forms part of an unlawful act – gratification.

    They also allegedly made cash payment of N70,050,000 to Adedoyin, which exceeded the amount authorised by law without going through a financial institution.

  • Ex-INEC chiefs re-arraigned for allegedly accepting N264m gratification

    Ex-INEC chiefs re-arraigned for allegedly accepting N264m gratification

     

    The Economic and Financial Crimes Commission (EFCC)on Wednesday re-arraigned a former Independent National Electoral Commission, INEC Administrative Secretary in Kwara State Mr Christian Nwosu for allegedly accepting gratification.

    He was re-arraigned along with Tijani Bashir before Justice Mohammed Idris of the Federal High Court in Lagos.

    They were charge with a former Minister of Petroleum Mrs Diezani Alison-Madueke (“still at large”) and Yisa Adedoyin, who was earlier convicted after pleading guilty.

    Nwosu had pleaded guilty to receiving N30million bribe to rig the 2015 general election results when he was first arraigned, but he later changed his plea to not guilty.

    They allegedly conspired to directly take possession of N264,880.000 which they reasonably ought to have known forms part of an unlawful act, which is gratification.

    They also allegedly made cash payment of N70,050,000 to Adedoyin, which exceeded the amount authorised by law without going through a financial institution.

    Bashir was accused of indirectly taking possession of and retaining N164,880,000 which he reasonably ought to have known forms part of gratification.

    Bashir was also charged with indirectly retaining N30million, being part of the proceeds of an unlawful act: “criminal misappropriation”.

    The prosecution said he indirectly concealed the N30million.

    The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.

    EFCC had earlier closed its case before the amendment.

    Prosecuting counsel Rotimi Oyedepo said he would not call any further witnesses despite amending the charge.

    Nwosu’s lawyer Victor Opara had opposed the move re-arraign his client on the basis that it would further delay the case.

    He said the prosecution did not respond to his client’s no-case submission despite being served with it.

    Opara aargued that the amendment would defeat the objectives of the Administration of Criminal Justice Act (ACJA) 2015 which provides for speedy dispensation of cases.

    But, Oyedepo argued that the law allows the prosecution to amend a charge at any time before judgment is delivered.

    Ruling, Justice Idris held that EFCC was at liberty to amend its charge at any time during proceedings.

    “The law says ‘anytime before judgment’. It does not specify the time. I accept the amended charge,” the judge ruled.

    The judge allowed the defendants to remain on bail earlier granted them.

    He adjourned until March 29 for adoption of written addresses in the no-case submission.

  • Ex-INEC staff explains N30m ‘Diezani cash’

    Ex-INEC staff explains N30m ‘Diezani cash’

    A former Administrative Secretary at the Kwara State office of the Independent National Electoral Commission (INEC) Mr Christian Nwosu on Thursday denied being bribed by former Petroleum Minister Mrs Diezani Alison-Madueke to rig the 2015 general election results.

    He said the N30 million he was alleged to have collected from her was spent on logistics.

    Nwosu said his office knew about the money and how it was spent.

    He spoke while testifying in a trial-within-trial before Justice Ibrahim Idris of the Federal High Court in Lagos.
    Under cross-examination by Economic and Financial Crimes Commission (EFCC) counsel Rotimi Oyedepo, Nwosu claimed he did not personally benefit from the money.

    He said it was shared to INEC ad-hoc staff for logistics.

    He said: “I did not personally benefit from the N30 million. The ad-hoc staff benefitted because the election went smoothly with the assistance of the logistics support. My commission was aware of the money and the evidence was that the election went smoothly.”

    On how he got the cash, he said: “The money was not given to me by way of cheque. We were asked to go to the bank to collect it. No cheque was given to me at the bank. I just signed a document at the bank which confirmed the receipt of the money.

    “I did not instruct the bank to transfer the money to any account because it was not for me but for the coordinator (Mr Isa Adedoyin) who is to ensure that the money gets to the ad-hoc staff.”

    Nwosu said N17 million was paid into his Diamond Bank Plc account on April 7, 2015, while N13 million was also paid into his Union Bank account on April 13, 2015.

    Nwosu had earlier claimed that EFCC allegedly forced him to surrender his property worth N30million.

    He said he was also induced to part with N5million in a bid to regain his freedom.

    According to him, “the statements he made at EFCC were dictated to him while the one he made voluntarily was described as “rubbish”.

    Nwosu and Tijani Inda Bashir were accused of receiving N30million bribe from Mrs Alison-Madueke.

    They were arraigned along with Yisa Adedoyin, who pleaded guilty to receiving the cash payment of N70,050,000.00 from Mrs Alison-Madueke.

    Mrs Alison-Madueke is also named in the charge, but is said to be “at large”.

    Justice Idris adjourned to November 15.

  • EFCC forced me to surrender my property over Diezani cash – INEC official

    EFCC forced me to surrender my property over Diezani cash – INEC official

    A former Administrative Secretary at the Kwara State office of the Independent National Electoral Commission (INEC), Mr. Christian Nwosu, told the Federal High Court in Lagos on Thursday that the Economic and Financial Crimes Commission (EFCC) allegedly forced him to surrender his property worth N30million.

    Nwosu said he was also induced to part with N5million in a bid to regain his freedom.

    According to him, the statements he made at EFCC were dictated to him while the one he made voluntarily was described as “rubbish.”

    Nwosu and Tijani Inda Bashir were accused of receiving N30million bribe from former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, to rig the 2015 general election results.

    They were arraigned alongside Yisa Adedoyin, who pleaded guilty to receiving cash payment of N70, 050,000.00 from Mrs Alison-Madueke.

    Mrs. Alison-Madueke is also named in the charge, but is said to be “at large.”

    Nwosu, who testified on Thursday in a trial –within- trial to determine the truthfulness of statements he made at EFCC, said he got N30million “for logistics.”

    But, Head of Special Task Force at EFCC in Lagos, Usman Zakari, who also testified, said Nwosu made his statement voluntarily.

    On how he was compelled to forfeit his property, Nwosu said: “On December 28, 2016, I was invited to EFCC. I was interviewed by Mr. Moses. I made a statement of three pages. He said his boss Mr. Zakari wanted to see me. Zakari said: ‘No, you have not written what I want,’ that he would not take that rubbish from me.

    “He said he had signed a detention order and that he was going to keep me in custody for as long as he wanted, that even if I brought 10 lawyers or more, they would not help me. He said unless I wrote what he would dictate to me, he was going to make that place my home for a very long time.

    “At this threat, I was shaking because I had never had any encounter with the police or a cell. My entire body system collapsed. My head was aching seriously. My eyeballs were heavy as if they would fall off their sockets. My health was failing me. I pleaded with him to please allow me access to my drug in my bag at the gate. He bluntly said ‘no’.

    “He told me that Adedoyin had admitted collecting N28million and was released; that being a senior officer, there was no way I would not have not have benefitted by collecting up to N30million (sic). He said unless I stated that I benefitted N30million, he would dump me in the cell. I quickly told him I benefitted. He dictated to me that I should write it; I did.”

    Nwosu said he was also forced to write that he would take the EFCC operatives to the bank to make a refund of the money he received.

    The INEC official said he told them he had only N5million in his account.

    He said an officer and two armed policemen accompanied him to the bank where he raised a draft of N4million and handed it over to Zakari.

    He said Zakari asked him to bring another draft for N1milion, which he brought on March 15.

    He said EFCC’s prosecutor, Rotimi Oyedepo, walked into the office and asked Zakari not to let him go, but to keep him in custody.

    “I knelt before Rotimi. He said: ‘Baba get up; I’ll only advice you to cooperates with us. He said he would not want me to go through the stress of litigation. He asked if I had landed property and cars. He said I should write out the property worth N30million that I had. He said he would ensure that I was convicted and jailed at all cost if I didn’t cooperate,” he added.

  • INEC staff made voluntary statement – EFCC

    INEC staff made voluntary statement – EFCC

    The Economic and Financial Crimes Commission (EFCC) on Wednesday denied forcing an Independent National Electoral Commission (INEC) official, Christian Nwosu, to make a statement.

    The INEC official claimed that he did not make the statement voluntarily.

    He was arraigned before Justice Mohammed Idris of the Federal High Court in Lagos.

    An EFCC investigator, Tosin Owobo, said Nwosu made his statement on his own volition.

    Nwosu and Tijani Inda Bashir were accused of receiving N30 million bribe from former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, to rig the 2015 general election.

    They were arraigned alongside Yisa Adedoyin, who pleaded guilty to receiving cash payment of N70,050,000.00 from Mrs. Alison-Madueke.

    Mrs. Alison-Madueke is also named in the charge, but is said to be “at large.”

    Adedoyin was convicted following a plea bargain with the EFCC in which he agreed to pay a fine of N10million and forfeit his illicitly-acquired assets.

    Nwosu pleaded guilty at first and entered a plea bargain with EFCC, but Justice Idris rejected the agreement because it was not severe enough.

    It was agreed that Nwosu would forfeit the assets he acquired with the bribe money and pay N500,000 fine.

    After rejecting the plea bargain agreement, Justice Idris gave Nwosu the option of changing his plea to not guilty, or accepting a heavier sentence, including N10million fine as provided in the law.

    When the defendants were re-arraigned, Nwosu changed his plea to not guilty.

    Nwosu claimed he was coerced, intimidated, threatened and induced by the anti-graft agency to make the statement that indicted him.

    Justice Idris then made an order for trial within trial to test the voluntariness of Nwosu’s statement.

    Owobo explained that the statement volunteered by Nwosu was obtained under standard practice without inducement, intimidation or threat.

    He said the defendant came to the Commission’s office in Lagos on December 28 last year to make statement on the charge preferred against him, and after making statement, he was granted administrative bail on self-recognisance.

    “The defendant walked to our office alone. My team and I had a discussion with him on the allegations leveled against him and after our discussion, we asked him whether he will like to make statement and he said ‘yes’.

    “Nwosu’s statement was obtained under standard practice without inducement, intimidation or threat. After making statement, he was granted administrative bail on self-recognisance,” Owobo said.

    The trial within trial continues on Thursday.

     

  • Diezani bribe: Two INEC staff shared N100m – EFCC witness

    Diezani bribe: Two INEC staff shared N100m – EFCC witness

    A Federal High Court in Lagos on Thursday heard that two staff of the Independent National Electoral Commission (INEC) kept N100 million from the N264.8 million they allegedly received from former Minister of Petroleum, Mrs. Diezani Alison-Madueke, to rig the 2015 polls.

    An operative of the Economic and Financial Crimes Commission (EFCC), Usman Zakari, made the disclosure at the resumed trial of INEC officials – Christian Nwosu, Yisa Adedoyin and Tijani Bashir.

    The defendants were accused by the EFCC of receiving gratification from the former minister and were arraigned for corruption and undue enrichment.

    According to the commission, the offences contravene sections 15(3), 16(2) and 18(a) of the Money Laundering Prohibition Amendment Act, 2012 and punishable under same.

    Adedoyin pleaded guilty and was convicted following a plea bargain.

    Led in evidence on Thursday by prosecution counsel, Rotimi Oyedepo, Zakari testified before Justice Mohammed Idris that Nwosu got N30 million and Adedoyin got N70 million gratification.

    The witness said sometime in 2016, the commission received intelligence that some firms had paid Allison-Madueke $115 million to influence the 2015 elections.

    The receipts of payment of the $115m, Zakari said, were discovered after investigation.

    According to him, it was discovered that the first defendant (Nwosu), who was the Administrator of INEC in Kwara State at the time, signed for a payment of N264.8m, while the receipt also had Adedoyin’s signature.

    The witness said it was based on the receipts of payment that the defendants were invited to the commission.

     

  • Diezani ‘bribed’ INEC officials with N264m to rig polls – Witness

    Diezani ‘bribed’ INEC officials with N264m to rig polls – Witness

    The Federal High Court in Lagos heard on Wednesday that two Independent National Electoral Commission (INEC) employees, Christian Nwosu and Yisa Adegoyin, allegedly received N264million from former Minister of Petroleum, Mrs. Diezani Alison-Madueke, to rig the 2015 general elections.

    A prosecution witness, Timothy Olaobaju, said the money was paid to Nwosu and Adedoyin in cash.

    He stated these while being led in evidence by prosecution counsel, Rotimi Oyedepo, in the trial of Nwosu and Tijani Inda Bashir before Justice Idris.

    The Economic and Financial Crimes Commission (EFCC) accused the duo of receiving gratification from the former minister.

    Adedoyin had pleaded guilty to the charge and was convicted following a plea bargain.

    Olaobaju, who was his bank’s head of operations in Ilorin, Kwara State, said he paid the Nwosu and Adedoyin the cash based on Mrs. Alison-Madueke’s instructions.

    He said: “I was the Head of Operations for Ilorin Branch where I had cause to meet Nwosu and Adedoyin. Sometime in 2015, there was a meeting between our Managing Director and the former Petroleum minister during which she explained that some companies and individuals would come to the bank to pay some money into some accounts.

    “The companies were Northern Belt Limited, Actus Integrated Limited, Midwestern Company and one Mr. Leno Laitan. In addition, she said certain individuals would bring some cash to be kept for her.

    “A total sum of $89million was paid into the accounts. A cash sum of $25million was brought, totaling $114million. The money was kept in the bank pending her instruction as agreed.

    “On March 26, 2014, we got instruction that the money should be converted to naira. After it was converted, it was about N23billion. There was a list of beneficiaries that was sent, to be paid across the 36 states of the federation, including Kwara. I handled the transactions in my branch.”

    He said the defendants came to his office to collect the cash payment, and that he only acted on instruction.

    “There was an instruction that Nwosu and Adedoyin be paid N264, 880,000. The instruction came from the head office based on instruction from Mrs. Alison-Madueke and they were paid. They signed a receipt of payment for the money they collected,” Olaobaju said.

    The witness said after the defendants were paid, they left with the cash and did not pay it into any account.

    Under cross examination by defence counsel, Obinna Okereke and Nelson Imoh, the witness said he did not know the purpose of the payment.

    “The only instruction we had was that they should bring means of identification and should be paid. They even waited for the money to be released to them. We did not know the purpose of the payment,” he said.