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Tag: Diezani Alison-Madueke

  • UK detectives storm Nigeria over Diezani

    Ahead of preparation for the trial of a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, detectives from the United Kingdom have stormed Nigeria for what appeared a final lap of investigation.

    The detectives, who met with the operatives of the Economic and Financial Crimes Commission (EFCC) for additional fact-finding, have already spent a week in the country.

    It was not certain if the latest bend of the investigation will last longer than a week, but there were indications that the detectives gathered more evidence and sought a few clarifications on some findings at their disposal.

    It was learnt that the Mutual Assistance in Criminal Matters Bill 2019, signed into law about a week ago by President Muhammadu Buhari, might help in the bid to confiscate Diezani’s assets at home and abroad.

    The commission has so far traced N47.2 billion and $487.5 million to the ex-minister.

    The agency also claimed that Diezani has N23,446,300,000 and $5 million (about N1.5 billion) in various Nigerian banks.

    The EFCC has also secured final forfeiture orders on the following assets of Diezani: about $37.5 million Banana Island property; Heritage Court Estate, Plot 2C, Omerelu Street, Diobu Port Harcourt; 135 Awolowo Road/ Plot 808 Awolowo Road, Ikoyi; and 7, Hurnburn Street and 5, Raymond Street, Yaba, Lagos.

    Investigation by our correspondent revealed that the detectives from the UK came to fill some gaps in their investigation which has spanned almost four years.

    The ex-minister, who was arrested since October 2, 2015, has been restricted to the UK with her probe costing fortunes.

    Although there had been issues on whether or not to extradite Diezani, it was gathered that the depth of the ongoing probe revealed that she can be tried either in Nigeria or in the UK.

    A reliable source said: “The detectives from the UK have been in Nigeria for a week in line with the ongoing investigation of Diezani.

    “It is a major case the National Crime Agency (NCA) in the UK has been collaborating with the EFCC to probe.

    “A few weeks ago, EFCC Chairman, Mr. Ibrahim Magu, was also in London to compare notes with similar agencies on this case.

    “You will recall that Magu in November 2018 made it clear that Nigeria was tired of waiting for the trial of Diezani by the UK.

    “But after the initial issues between EFCC and UK agencies, there were talks which revealed that those at the London end were making painstaking investigations.

    “After Magu’s visit to London, the investigation of Diezani assumed enhanced dimension because some grey areas were cleared.

    “The coming of the detectives from London was meant to fill some gaps, get additional evidence and crosscheck a few findings on their part.”

    Responding to a question, the source added: “I think these detectives are on the final lap of the ongoing probe of Diezani.

    “We are hopeful that the latest bend of investigation was in preparation for the trial of the ex-minister.”

    Asked how long the UK detectives will stay in Nigeria, the source said: “I really don’t know. But it has been hectic in the last one week.”

    The source, however, confirmed that the Mutual Assistance in Criminal Matters Bill, 2019, signed into law about a week ago by President Muhammadu Buhari, might help in confiscating Diezani’s assets at home and abroad.

    Read Also: I had no dealings with Diezani, says Belgore

    The top source said: “The new law will certainly assist the EFCC and other security agencies in bringing some of these looters to justice.

    “The new law will hasten EFCC’s action on Diezani and suspicious assets traced to her.

    “Don’t forget that Sections 7, 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004 mandate the agency to seize suspicious assets.

    Section 7 says: “The commission has power to (a) cause any investigations to be conducted as to whether any person, corporate body or organization has committed any offence under this Act or other law relating to economic and financial crimes.

    “(b) cause investigations to be conducted into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income.”

    Sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004 empower the anti-graft agency to invoke Interim Assets Forfeiture Clause.

    “Section 28 of the EFCC Act reads: ‘Where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court.’

    Section 13 of the Federal High Court Act reads in part: “The Court may grant an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.

    (2)          Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.”

    No official of the EFCC was willing to make any comment at press time.

    But the Senior Special Assistant to the President on National Assembly Matters (Senate), Sen. Ita Enang, said the new law will enable other countries to also provide information to Nigeria, which could be used by the Attorney-General of the Federation to pursue such prosecutions.

    He said: “It is intended to ensure that where there is a property that is subject of crime or there are crimes committed outside Nigeria or within Nigeria and the person leaves Nigeria, the provisions of the Act authorises the Attorney-General of the Federation, which is the designated authority in Nigeria, to pursue and use every means to prosecute the offence within and outside Nigeria.

    “This Act does not apply to offences which are of political nature and it doesn’t apply to offences which relate to the military profession or offences which are not regarded as offences in the laws of Nigeria but which may be offence in the laws of other countries.

    “It also enables us, Nigeria, to trace the proceeds of crime to restrain, constrain and in other matter, ensure that the proceeds of crime within or outside Nigeria is not disposed of on the basis of reciprocity.

    Besides the properties in Lagos, the commission allegedly claimed in a document that Diezani allegedly bought choice mansions in Abuja, Port Harcourt and Yenagoa in Bayelsa State.

    The document said: “On plot 10, Frederick Chiluba Close, in the serene, upscale Asokoro District of Abuja, lies a tastefully built and finished duplex.

    “In the compound, there are also a guest chalet, boys’ quarters, an elegant swimming pool, fully equipped sports gym and a host of other amenities.

    “Investigators have discovered that the property acquired by the ex-minister in December, 2009, at the cost of N400 million (Four Hundred Million Naira) was never declared in any of the asset declaration forms filed by Alison-Madueke.

    “Also linked to the former Minister in Abuja is a mini estate at Mabushi, Abuja. The estate located on Plot 1205, Cadastral Zone B06, Mabushi Gardens Estate, houses 13 three bedroom terrace houses, each with one bedroom en-suite maid’s quarters.

    “It was purchased on April 2, 2012 at the princely sum of N650 million (six hundred and fifty million naira).

    “In Aso Drive, Maitama, Abuja, Alison-Madueke reportedly acquired a 6-bedroom en-suite apartment made up of three large living rooms, two-bedroom guest chalets, two bedroom boys quarters, two lock-up garages and a car park. It was bought on July 20, 2011 for N80 million (eighty million naira).

    “Down South in Nigeria’s oil city of Port Harcourt, the former minister’s acquisitive appetite took her to Heritage Court Estate, located on Plot 2C, Omerelu Street, Diobu Government Residential Area, Phase 1 Extension, Port Harcourt.

    “The Estate which is made up of 16 four-bedroom terrace duplexes is equipped with, among other facilities, a massive standby power generating set. Alison-Madueke did not blink as she shelled out N900 million (nine hundred million naira) for it on May 30, 2012,

    “In neighbouring Bayelsa State, an apartment with two blocks of flats, all en-suite, and with a maids quarters were also traced to her. The house located on Goodluck Jonathan Road, Yenagoa is sitting on a large expanse of land.

    “Realtors have placed estimated values running into hundreds of millions of naira on the property. The apartments have four living rooms, eight bedrooms and gold-plated furniture.

    “Aside from jewellery and property, Alison-Madueke allegedly has N23,446,300,000 and $5 milion (about N1.5billion) in various Nigerian banks.”

  • Judge, who ordered Diezani’s arrest dies

    A judge of the High Court of the Federal Capital Territory (FCT),  Justice Valentine Ashi, who ordered security agencies to arrest and produce former Petroleum Resources Minister, Diezani Alison Madueke within 72 hours, has died.

    The Nation learnt the Justice Ashi, who sits in Apo, died on Thursday in an Abuja hospital from a yet to be disclosed ailment.

    Authorities of the FCT High Court also confirmed the development, but assured a formal statement will be issued on Monday, with the approval of the Chief Judge, Justice Ishaq Bello.

    “Some members the late Justice Ashi’s family have visited the court’s management to inform the court about the unfortunate incident.

    “I can confirm that they said he died on Thursday in the course of an illness. But, the court will issue a formal statement on Monday, a senior official of the court said.

    A lawyer, Gilbert Ateh, who said he appeared before the judge last Monday, said he looked sick, and had lost weight.

    On December 4, 2018, Justice Ashi, upon an ex-parte motion by the Economic and Financial Crimes Commission (EFCC), ordered the agency, Nigerian Police Force (NPF), the Department of State Services (DSSS)  and all other security agencies to arrest Diezani  within 72 hours.

    The EFCC said it investigated the former minister with a businessman and Chairman, Atlantic Energy Drilling Company, Jide Omokore in relation to a petition by a group, the Coalition Against Corrupt Leaders (CACOL), dated October 2, 2013, which contained allegations of money laundering and official corruption.

    Read Also: I had no dealings with Diezani, says Belgore

    EFCC added that its investigation showed that Diezani, as supervising minister of the Nigerian National Petroleum Corporation, allegedly engaged in illicit and monumental fraudulent dealings in oil transactions, which she entered into on behalf of the Federal Government.

    In December 2014, Justice Ashi granted an injunction, restraining former President Olusegun Obasanjo from publishing his autobiography, “My Watch.”

    He later lifted the interim injunction following further presentations by the former president’s lawyer.

    Justice Ashi’s profile,as contained on the court’s website shows that he hailed from Obudu Local Government Area of Cross River State.

    His date of birth and age were not reflected. The deceased was called to Bar in 1987.

    He became a lecturer at the Nigerian Law School (NLS) in 2001 until his appointed as a judge of the High Court of the FCT in 2010.

    While sitting at the FCT High Court in Wuse Zone 2, Abuja,Justice Ashi, on December 7, 2014, gave the interim injunction former President Obasanjo from proceeding with his planned publication of the book, “My watch.”

    Alex Izinyon (SAN), who argued the application, in relation to which Justice Ashi made the order, had complained that Obsanjo, in the book,portrayed his client, Buruji Kashamu, in bad light

  • PDP campaign fund not from Diezani, says Belgore

    A Senior Advocate of Nigeria (SAN), Mr Dele Belgore, Monday told the Federal High Court in Lagos that he never met or dealt with former Petroleum Resources Minister Mrs Diezani Alison-Madueke.

    He said he was not aware that the N450million he signed for in 2015 came from her while he served as the party’s campaign coordinator in Kwara State.

    The Economic and Financial Crimes Commission (EFCC) charged him, former National Planning Minister Prof Abubakar Suleiman and Mrs. Madueke (said to be at large) with money laundering.

    In the nine-count charge, EFCC accused them of making cash payment of N10million to Kwara State Resident Electoral Commissioner (REC) Dr Emmanuel Onucheyo.

    Under-cross examination by defence counsel Tayo Oyetibo (SAN), Belgore told the court that there were fund raising activities by the PDP ahead of the 2015 poll.

    He testified that prior to the election; there were complaints of insufficient fund by the Kwara PDP, adding that when the fund came, it was used specifically for campaign purposes.

    Belgore testified that in a presidential election, candidates were expected to have a party agent in each polling unit, adding that there were about 1,872 polling units in Kwara at the time.

    He also told the court that there were ward collation agents required by every candidate, adding that there were 193 wards in Kwara.

    Belgore said in some areas considered to be problematic, there were up to three ward collation agents, adding that there are 16 local government areas in Kwara and three senatorial districts.

    He said that one local government collation agent and a senatorial district collation agent were required by a presidential candidate in each council area and senatorial district.

    The SAN told the court that besides the agents mentioned, there were also state collation agents, all of whom he said were paid for services rendered, as well as for transportation and feeding.

    Defence counsel then asked: “So the complaint about non-availability of funds before the election relates to funds for all these expenses as enumerated?”

    Belgore replied: “Yes”, adding that the complaints were communicated to the headquarters.

    He said that as a state coordinator, he received information on the fund when it was released.

    Defence counsel asked: “Can you recollect the date of the presidential election?” The witness replied: “March 28, 2015”.

    “So, it is humanly impossible for you and the second defendant to have distributed the fund across Kwara State between March 26 and March 28?” the counsel asked. The witness replied: “That’s correct”.

    When asked if he or the second defendant collected any part of the N450 million, he replied: “No”.

    On whether he was informed of any other source of the money, he replied: “No, to the best of my knowledge.”

    Referring to counts one to six of the charge – allegations of alleged conspiracy with Mrs. Allison-Madueke, Belgore said: “From when I was appointed campaign coordinator, up till now, I never met, communicated, or interacted with Diezani or any person said to be acting on her instructions or behalf.”

    EFCC said the defendants “directly took possession of the sum N450million,” which they allegedly indirectly spent, adding that they “reasonably ought to have known [that the money] forms part of the proceeds of unlawful act.”

    Belgore and Suleiman pleaded not guilty.

    Two prosecution witnesses had testified that Mrs. Madueke collected N23billion from three oil marketers – Northern Belt Ltd, Actus Integrated Ltd, Midwestern Company and one Mr Leno Laitan, ahead of the 2015 general elections, and that it was part of the money that Belgore signed for.

    But, Belgore said he did not know the companies.

    Justice Rilwan Aikawa adjourned until May 15 for continuation of trial.

  • Court refuses to hands-off ex-minister Akinjide’s trial

    Justice Muslim Hassan of the Federal High Court in Lagos Wednesday refused to recuse himself from the trial of former Minister of the Federal Capital Territory Mrs Jumoke Akinjide for alleged money laundering.

    The Economic and Financial Crimes Commission (EFCC) arraigned her with a People’s Democratic Party (PDP) leader in Oyo State Chief Olarenwaju Otiti and a former Senator representing Oyo Central Senatorial District Ayo Adeseun.

    Former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke, said to be at large, is also named in the charge.

    Otiti and Adeseun had on February 6 prayed the judge to recuse himself from the case.

    They accused him of bias, claiming that as a former head of EFCC’s legal unit, they did not believe they would get justice in his court.

    Justice Hassan headed the EFCC’s legal unit before he was appointed a judge.

    The applications were filed after trial had begun, during which a trial-within-trial was also held.

    But, Justice Hassan dismissed the applications, describing them as “cheap blackmail”.

    He held: “As rightly submitted by the prosecution, at the time the defendants were investigated and subsequently charged before the Federal High Court in Ibadan, the trial judge had been appointed a judge already.

    “I agree with learned counsel for the prosecution that judges of superior courts of record swear to oath of allegiance to be just and fair, and cannot be disqualified from presiding over cases by mere allegations that the judge once worked in an organisation.

    “Learned counsel to the third defendant had filed a similar application for the transfer of the case to Ibadan.

    “On 12 December 2018, the court dismissed the application, only for counsel to turn around and raise allegations of bias.

    “These applications are meant to harass, intimidate and blackmail the court; the court will not succumb to cheap blackmail.

    “Both applications are liable to be dismissed and they are accordingly dismissed. I make no order as to cost,” the judge held.

    The defendants were re-arraigned last January 16 on the amended charge.

    EFCC accused them of conspiring to directly take possession of N650million from Mrs. Alison-Madueke, which they reasonably ought to have known was part of proceeds of an unlawful act, and without going through a financial institution.

    The alleged offence, EFCC said, contravenes the Money Laundering Act.

    Justice Hassan adjourned until April 18 for continuation of trial.

  • How N450m was shared in Kwara, by Belgore

    A Senior Advocate of Nigeria (SAN), Mr Dele Belgore, on Thursday told the Federal High Court in Lagos that he did not personally share the N450million he signed for in 2015.

    Belgore, who was People’s Democratic Party (PDP) presidential campaign coordinator in Kwara State during the 2015 general elections, said the money was for party men and agents and not for his personal benefit.

    According to him, although he signed for the money at the bank, he did not take it away.

    Belgore was testifying in his defence before Justice Rilwan Aikawa in a money laundering charge brought against him and former National Planning Minister Prof Abubakar Suleiman by the Economic and Financial Crimes Commission (EFCC).

    Former Petroleum Resources Minister Mrs. Diezani Alison-Madueke is also named in the charge. EFCC said she is “at large”.

    The prosecution said they “directly took possession of the sum N450million,” adding that they “reasonably ought to have known [that the money] forms part of the proceeds of unlawful act.”

    Led in evidence by his lawyer Ebun Shofunde (SAN), Belgore said as coordinator, it was his responsibility to ensure that the money was sent to PDP candidates, party leaders and stakeholders at ward levels.

    “The money was not meant for me. As a matter of fact, there was never any intention for me to collect the money personally,” he said.

    Read Also: Kwara APC, Belgore mourn Bamigboye

    Belgore had earlier testified that he went to the bank to sign for the money along with Suleman but never took it away as his car could not contain it.

    Asked if he went back to get the money with a bigger car, he said: “I did not take any steps regarding collection of the money from the bank, because as I have said, the money was meant for stakeholders. They were the ones who took steps to collect it.

    “My position has always been that I never took possession of the money, either in cash, cheque, bank transfer or any other means. That remains my position till date.”

    Belgore said he told the EFCC operative who interviewed him, Usman Zakari, that he never took the money from the bank.

    “Zakari showed me a copy of a document (acknowledging receipt) and asked me to confirm whether it was my signature on it.

    “I did confirm that it was my signature. I told him that I didn’t have the money and never had it.

    “He said as far as he was concerned, it was my name that was on Exhibit 1A and that I confirmed that I signed it, and therefore I was the one to pay back the money.

    “Again I responded that the money was not meant for me, I never took it, but it was taken by stakeholders – candidates, party officials, agents, etc for the purpose of the 2015 election.”

    Belgore said he told EFCC in one of his several statements that “we left the money in the bank for safekeeping”.

    Justice Aikawa adjourned until March 5 when a video of what transpired when Belgore visited the bank will be viewed in court

    He admitted the flash drives containing the clips in evidence.

     

  • 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.

  • Court grants EFCC leave to arraign Alison-Madueke, Omokore

     An FCT High Court, Apo on Monday, granted the  Economic and Financial Crimes Commission (EFCC) leave to arraign former petroleum Minister, Diezani Alison-Madueke, and a former Chairman of Atlantic Energy Drilling company, Olajide Omokore, on Feb. 25.

    Alison-Madueke and Omokore, are to be arraigned on five counts bordering on conspiracy and illegal act of accepting and giving gratifications.

    Trial judge, Justice Valentine Ashi, granted the EFCC leave, after the prosecution counsel, Mr Faruk Abdullahi  told the court that while investigations were on going,  the former minister left the country and is currently in the UK.

    Justice Ashi, also ordered the EFCC to put its house in order.

    He alleged that Alison–Madueke, refused to honour an invitation by the EFCC to appear at the commission.

    The suspects, are to be arraigned for allegedly accepting and giving  gift  of   properties described as penthouse 22,Block B, Admiralty Estate, Ikoyi, and penthouse 21, building 5, block C, Banana Island, Lagos.

    The EFCC said the alleged offence,  contravened the provisions of Sections 26(1) and 17 of the Corrupt Practices and Other Related Offences  Act, 2000.

    Read Also: EFCC confirms moves to extradite Alison-Madueke

    The prosecutor, Mr Faruk Abdullahi  told the court that while investigations were on going,  the former minister left the country and is currently in the United Kingdom.

    He  also said that on invitation by the EFCC Mrs  Madueke refused to honour the invitation but all process are set in place to ensure she comes back to face trial.

    The counsel for the second defendant, Tayo Adeniyo SAN, told the court that his client was not served with the charges and his client was read to clear his name.

    NAN

  • 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.

     

  • Ex-INEC chiefs’ forfeit N387m allegedly received from Diezani

    Justice Muslim Hassan of the Federal High Court in Lagos on Monday ordered the temporary forfeiture of N387 million found in the bank accounts of four former Independent National Electoral Commission (INEC) officials.

    He made the order based on an ex-parte application by the Economic and Financial Crimes Commission (EFCC).

    The anti-graft agency said the respondents allegedly benefitted from N23 billion which a former Minister of Petroleum Resources Mrs Diezani Alison-Madueke allegedly shared to influence the 2015 general election.

    They are Victor Chukwuani, Okesiji Adeniran, Gabriel Oke and Torgba Nyitse.

    In a supporting affidavit, an EFCC investigator Usman Zakari said the former INEC officials received the money through a non-governmental organisation, West Africa Network of Observers (WANEO).

    They were said to have formed the NGO to monitor the 2015 general elections.

    According to Zakari, WANEO had a former INEC Chairman Prof Maurice Iwu as National Coordinator.

    Read Also: Court orders forfeiture of Diezani’s N325.4m land

    “Although WANEO was formed under the guise of monitoring the conduct of 2015 election, distribution of Permanent Voter Cards, sensitisation of voters, delimitation of electoral constituencies, etc, its primary objective was to ensure the victory of the PDP candidate in the presidential election,” the investigator said.

    Zakari said through WANEO, the former INEC officials allegedly facilitated the disbursement of N510million received from Diezani to some persons in Osun, Ogun and Oyo states.

    “After the conduct of the 2015 presidential election and in order to conceal the sources of the money collected by Ogun, Osun and Oyo states, the remainder of the money was fraudulently laundered,” the investigator added.

    Zakari said the EFCC recovered N387million out of the N510million from the four.

    EFCC’s lawyer Nnaemeka Omenwa urged Justice Hassan to order the money’s temporary forfeiture in line with Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, No. 14, 2004.

    Justice Hassan granted the ex-parte application as prayed.

    He ordered that anyone interested in the money should to appear before him within 14 days to show cause as to why the N387million should not be permanently forfeited to the Federal Government.

    He adjourned until August 6.

  • Court says AGF can defend Diezani’s ally’s suit against UK agencies

    A High Court of the Federal Capital Territory (FCT) in Apo, Abuja has said the office of Attorney General of the Federation (AGF) or any lawyer from the office was qualified to defend agencies and officials of the United Kingdom (UK) sued in Nigeria by an ally to ex-Petroleum Minister, Diezani Alison-Madueke.

    Justice Olukayode Adeniyi made the pronouncement while ruling on the objection raised by Benedict Peters (ally to the ex-minister) and three of his companies – Collinwood Limited, Rosewood Investment Limited and Walworth Properties – against the appearance of lawyers from the office of the AGF for the foreign officials and agencies in a suit they filed.

    Peters, Collinwood, Rosewood and Walworth had, on December 29, 2017 filed the suit marked: FCT/HC/CV/0536/17 seeking to set aside three orders given on April 13 and 29, 2016 by the Federal High Court in Abuja and on October 19, 2017 by the Crown Court in Southwark, UK.

    The orders for interim forfeiture prohibited the disposal of the assets in Nigeria and UK in respect of which the orders were made, pending the conclusion of on-going investigations into allegations of money laundering against the ex-minister, on whose behalf investigators believed the plaintiffs acted.

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    It is the contention by Peters, Collinwood, Rosewood and Walworth that the attached properties belonged to them and not to the ex-Petroleum Minster.

    Mike Ozekhome (SAN), who filed the suit for the plaintiffs, listed the AGF, the Economic and Financial Crimes Commission (EFCC), Crown Prosecution Service (CPS), UK; Helen Hughes (an official of CPS), The National Crime Agency (NCA), UK; Stacey Boniface and John Bavister (both investigators for NCA) as defendants.

    At the commencement of hearing in the case, lawyers from the office of the AGF announced appearances for the AGF and the foreign agencies and officials, a development the plaintiffs objected to. They argued that Nigerian government’s lawyers could not represent UK officials and agencies sued in Nigeria.

    In his ruling on June 11 this year, Justice Adeniyi upheld the AGF’s argument that Nigerian government’s lawyers could represent the UK agencies and officials in view of existing legal treaties and agreements between both countries.

    The judge identified the agreements as the Mutual Legal Assistance in Criminal Matters within the Commonwealth (Enactment and Enforcement Act, No: 13 of 1998 and the Treaty Series No: 18 (1994) otherwise known as the Agreement between Government of the United Kingdom of Great Britain and North Ireland and the Government of the Federal Republic of Nigeria, concerning investigation and prosecution of crime and confiscation of proceed of crime.

    Justice Adeniyi noted that, since the UK officials and agencies had acted based on the mutual legal agreement and treaties in securing the order given by the Crown Court in Southwark in favour of the Nigeria, it was wrong to seek to prevent the AGF and lawyers from his office from relying on the said agreement and treaties to represent the foreign officials and agencies before a Nigerian court.

    The judge said such representation by the either the AGF or lawyers from his office becomes more appropriate when the suit was as a result of the assistance the foreign agencies and officials rendered to the Nigerian government in securing the order for the temporary forfeiture of the properties in London allegedly linked to the ex-Petroleum minister.

    Justice Adeniyi said: “The plaintiff has not established that the representation of the foreign agencies and officials, by the AGF or officials from his office, were not authorised by them (the foreign officials and agencies) and that the representation will prejudice them (the plaintiffs).

    “The instant suit is a fall out of the seizure of properties allegedly acquired by erstwhile Minister of Petroleum, Mrs. Diezani Alison-Madueke. The representation of the AGF or officers from his office is in order.

    “I see no constitutional disability restraining the AGF and any officer from the office from appearing for 3-7th defendants. I fine no merit in this objection. It is overruled and dismissed,” the judge said.

    Justice Adeniyi adjourned to June 22 for the hearing of objection raised against the competence of the suit by the 3-7th defendants and the application by the plaintiffs for interlocutory injunctions.