The Nation Newspaper

Tag: Christian Nwosu

  • Judge dismisses request to transfer INEC officials’ case

    Judge dismisses request to transfer INEC officials’ case

    Justice Mohammed Idris of the Federal High Court in Lagos on Wednesday refused to transfer the case of two Independent National Electoral Commission (INEC) officials, Christian Nwosu and Tijani Inda Bashir, who were accused of receiving bribe, to another judge.

    The judge rejected an application filed by the Economic and Financial Crimes Commission (EFCC) that he should hands off the case having rejected Nwosu’s plea bargain agreement.

    Justice Idris held that since the defendants were re-arraigned on an amended charge and pleaded not guilty, Nwosu’s earlier plea of guilty no longer matters.

    The defendants were accused of receiving N30million bribe from former Minister of Petroleum Resources, Diezani Alison-Madueke, to rig the 2015 general election results.

    They were arraigned alongside Yisa Adedoyin, who pleaded guilty to receiving N70.050 million cash payment from the former minister, who is named in the charge but is “at large.”

    Nwosu pleaded guilty when he was first arraigned, but Justice Idris rejected a plea bargain agreement he reached with the EFCC on the basis that it was not “appropriate.”

    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.

    Nwosu changed his plea to not guilty when he was re-arraigned.

    EFCC’s lawyer Rotimi Oyedepo, said based on Section 270 (15) of the Administration of Criminal Justice Act (ACJA) 2015, the judge should return the case-file for re-assignment to another judge, as he could be accused of bias later, having rejected the plea bargain agreement.

    But, Nwosu’s lawyer, Victor Opara, said since the judge had rejected the plea bargain agreement for not being in compliance with the law, it indicated that there was no plea bargain.

    However, Justice Idris held on Wednesday that since the defendants were re-arraigned on an amended charge, it was as if they were arraigned for the first time.

    “I agree with the view that the prosecution having amended the charge and fresh plea taken by the first defendant in line with the ACJA, the court is being enjoined to commence fresh proceedings as if he has been arraigned for the first time.

    “Section 217 (1) and (2) of the ACJA says: ‘Where a new charge is framed or alteration made to a charge under the provisions of section 216 of this Act, the court shall call on the defendant to plead to the new or altered charge as if he has been arraigned for the first time.

    “‘The court shall proceed with the trial as if the new or altered charge had been the original charge,” the judge held.

     

  • Alleged bribery: EFCC wants judge to withdraw from INEC staff trial

    Alleged bribery: EFCC wants judge to withdraw from INEC staff trial

    The Economic and Financial Crimes Commission (EFCC) on Monday asked Justice Mohammed Idris of the Federal High Court in Lagos to withdraw from the trial of two Independent National Electoral Commission (INEC) employees accused of receiving bribe.

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

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

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

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

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

    It was agreed that Nwosu would forfeit the assets he acquired with the 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.

    EFCC’s lawyer, Rotimi Oyedepo, said on Monday that based on Section 270 (15) of the Administration of Criminal Justice Act (ACJA) 2015, the judge ought to return the case-file for re-assignment.

    The section reads: “Where the defendant has been informed of the heavier sentence, the defendant may withdraw from his plea agreement, in which event the trial shall proceed de novo before another presiding judge or magistrate, as the case may be.”

    Oyedepo said should the trial continue before Justice Idris, the judge could later be accused of bias and violating the law.

    “I urge my lord to remit the case to the Chief Judge for re-assignment to another judge,” the prosecutor said.

    But, Nwosu’s lawyer, Victor Opara, said since the judge had rejected the plea bargain agreement, it amounts to there being no plea bargain.

    Besides, he said Nwosu had pleaded not guilty to a “new” charge, adding that transferring the case to a new judge would be a waste of time.

    Opera undertook not to raise the issue of bias at any point in the proceedings, including on appeal.

    Justice Idris adjourned till May 24 for ruling on the matter.

  • Court convicts INEC staff for accepting N70m bribe from Diezani

    Court convicts INEC staff for accepting N70m bribe from Diezani

    The Federal High Court in Lagos on Wednesday convicted an employee of the Independent National Electoral Commission (INEC) for accepting over N70million bribe from former Minister of Petroleum, Mrs. Diezani Alison-Madueke, to rig the 2015 general election results.

    Justice Mohammed Idris convicted Yisa Adedoyin for receiving cash payment of N70,050,000.00 after he pleaded guilty to an amended charge.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned him along with Christian Nwosu and Tijani Inda Bashir.

    They allegedly collected N264.88million bribe on March 27, 2015 from the former minister ahead of the election.

    Nwosu had earlier pleaded guilty to the charge and was convicted for receiving N30million bribe.

    But, Justice Idris rejected his plea bargain agreement with the EFCC which involved payment of N500,000 fine and forfeiture of properties acquired with the money.

    The judge said Nwosu should either accept a heavier sentence, which includes N10million fine, or change his plea.

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

    Adedoyin, who earlier pleaded not guilty, changed his plea to guilty.

    Mrs. Alison-Madueke, said to be at large, was named in the charge.

    Prosecution counsel, Mr. Rotimi Oyedepo, urged the court to convict Adedoyin following his plea and to accept the plea bargain agreement reached with him on May 2.

    It was agreed in the plea bargain that Adedoyin would forfeit a parcel of land measuring 100ft by 100 at Taoheed Road, Budo-Osho Village, Ilorin South Local Government Area in Kwara State.

    “That a fine of N10million is proposed to this Honourable Court to be imposed on him upon his conviction on count four of the amended charge.

    “That in paying the fine of N10million, the defendant shall raise a draft of N5million in addition to the sum of N5million already recovered from him,” the agreement reads in part.

    Reviewing the facts of the case, Oyedepo said EFCC received an intelligence in late 2004 that Mrs. Alison-Madueke received gratification from various oil companies such as Northern Bet Oil and Gas, Auctus Integrated Company and an oil magnate Adesanya Laitan.

    “The total sum received was $115,010,000. It was kept in the custody of a bank which received instructions to convert the sums to naira and distribute to the 36 states and the FCT.

    “Our investigation established that the second defendant (Adedoyin) in conjunction with the first defendant (Nwosu) signed a receipt for N264,880,” Oyedepo said.

    He tendered the receipt and Bashir’s statement in evidence.

    “We discovered that though he signed for a total of N264,880, we found as a fact that he received N70,050,000 from the third defendant.

    “Out of the N70million, he only benefited N28million, which has been forfeited. The property he acquired with it has been recovered. We have the deed of assignment and plan,” Oyedepo said.

  • EFCC arraigns INEC officials over Diezani bribery

    EFCC arraigns INEC officials over Diezani bribery

    The Economic and Financial Crimes (EFCC) on Wednesday arraigned three Independent National Electoral Commission (INEC) officials for allegedly receiving bribes from former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, to compromise results of the 2015 general elections.

    Christian Nwosu, Yisa Adedoyin and Tijani Bashir were arraigned before Justice Mohammed Idris of the Federal High Court in Lagos.

    They allegedly collected N264.88million bribe on March 27, 2015 from the minister ahead of the election.

    Nwosu pleaded guilty to the charge and was convicted for the offence of receiving N30 million bribe.

    Mrs. Alison-Madueke, said to be at large, was named in the charge.

    Prosecution counsel, Mr. Rotimi Oyedepo, said Nwosu opted for plea bargain.

    The EFCC lawyer said Nwosu refunded N5million and surrendered title document of a landed property he bought for N25million in Delta State.

    According to him, EFCC acted on an intelligence report that Mrs. Alison-Madueke stashed $115million in a bank, with an oral instruction that the money should be converted to naira.

    The former minister was said to have directed that part of the money should be given to certain INEC officials.

    Oyedepo said N30million was traced to Nwosu, who hid it in a Hilux van in Ilorin, Kwara State capital, following which the suspect was invited to the EFCC where he confessed to the crime.

    He tendered Nwosus confessional statement and a document with which the INEC official acknowledged receipt of the N30million.

    Oyedepo urged the judge to convict Nwosu as charged following his guilty plea and the evidence adduced.

    Justice Idris held: “In line with the plea of the defendant coupled with the facts and the exhibits tendered by the prosecutor, the defendant is hereby convicted as charged.”

    Nwosu’s lawyer, Mrs. Adaku Mbama, urged the judge to temper justice with mercy in sentencing her client.

    The other defendants, however, pleaded not guilty to the charge.

     

  •  EFCC charges Allison-Madueke, INEC officials with money laundering

    The Economic and Financial Crimes Commission (EFCC) on Wednesday, charged a former Minister of Petroleum Resources, Diezani Allison-Madueke, and three others with money laundering.

    Allison-Madueke, who was described in the charge as “still at large”, is charged alongside, three officials of the Independent National Electoral Commission (INEC) on seven counts of money laundering.

    They are: Christian Nwosu, Yisa Olarenwaju and Tijani Bashir.

    The charges were read over to the three accused, who were present in court, and Nwosu, pleaded guilty to the charges, while Adedoyin and Bashir pleaded not guilty to the charges.

    The prosecutor, Mr Rotimi Oyedepo then informed the trial judge, Justice Mohammed Idris that Nwosu had elected to enter into plea bargain with the EFCC.

    Oyedepo added that already Nwosu had made a refund of N5 million and surrendered the title document of a landed property he purchased for N25  millon in Delta State.

    Reacting, Nwosu’s lawyer, Mrs Adeku Nbangba, confirmed the position and pleaded with Justice Idris to temper justice with mercy in deciding the fate of the accused.

    The judge adjourned till April 7, for sentencing and ordered that Nwosu be remanded at the EFCC custody.

    Meanwhile, the judge granted bail in the sum of N50 million each to Adedoyin and Bashir, adding that they should deposit their international passport with the court’s registrar.

    The prosecution had alleged that the accused committed the offence on March 27, 2015 by accepting bribe from the ex petroleum minister.

    They were also alleged to have conspired to take possession of the sum of about N264 million which sum they reasonably ought to have known formed part of the proceeds of an unlawful act of gratification.

    The accused were also said to have made cash payments of the sum of about N235 million, which sum exceeded the amount authorized by law, without going through a financial Institution.

    EFCC further alleged that Bashir (fourth accused) also made a cash payment of about N70.1 million to Adedoyin (third accused) without going through a financial institution and which sum exceeded the amount authorized by law.

    The prosecution also alleged that Bashir also directly took possession of the sum of about N165 million which sum he ought reasonably to have known formed part of an unlawful act of gratification.

    In count seven, Nwosu (second accused) was alleged to have directly used the sum of N30 million which he ought to have known formed part of an unlawful act of gratification.

    The offences are said to have contravened the provisions of sections 15 (3), 16 (2) and 18 (a) of the Money Laundering Prohibition Amendment Act, 2012.