The Nation Newspaper

Tag: Diezani bribe

  • Diezani ‘bribe’: Case transfer sought

    A former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State, Mr. Christian Nwosu, said yesterday that Justice Mohammed Idris lacked 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 with Tijani Bashir before Justice Idris.

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

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

    EFCC said they allegedly conspired to directly take possession of N264,880.000, which they 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.

    Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he 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 the Money Laundering Prohibition Act.

    EFCC had 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 empowered 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 judgment 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.

    Justice Idris adjourned till August 27 for ruling.

     

     

     

  • Diezani ‘bribe’: INEC chiefs have case to answer, says court

    The Federal High Court in Lagos yesterday 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 him 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 Mohammed 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.

    He claimed he was induced by EFCC to plead guilty at first, but he 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 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.

    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 of the charge.

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

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

    According to them, the prosecution did not present an obvious case against them to warrant their defence.

    But the prosecution argued there was a prima facie case against them based on witness testimonies and exhibits tendered.

    Ruling, Justice Idris held that in view of the evidence presented by the EFCC, the defendants have some clarifications to make.

    “The extra judicial statements made to EFCC by these defendants raise a lot of questions which they must be called upon to answer

    “Accordingly, this application lacks merit and it is hereby dismissed.

    “The defendants are hereby ordered open their defence,” Justice Idris held.

    Oyedepo said he was ready for trial to proceed immediately, but defence counsel Mr Victor Opara pleaded for an adjournment to enable him assemble his witnesses.

    Justice Idris adjourned until August 23 and 24 for defence.

  • Alleged Diezani bribe: Court dismisses defendant’s forced statement claim

    THE Federal High Court in Lagos has dismissed claims by a former Administrative Secretary at the Kwara State office of the Independent National Electoral Commission (INEC), Mr. Christian Nwosu, that he was forced to make statements.

    He told the court that the Economic and Financial Crimes Commission (EFCC) allegedly forced him to surrender his property worth N30 million.

    He claimed he was also induced to part with N5 million in a bid to regain his freedom.

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

    Nwosu and Tijani Inda Bashir were accused of receiving N30 million bribe from former Petroleum Minister 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 Mrs. Alison-Madueke.

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

    Justice Mohammed Idris had ordered a trial-within-trial to determine the truthfulness of Nwosu’s statements.

    Ruling on the trial-within-trial yesterday, Justice idris held that there was no sufficient proof that Nwodu did not make his statements voluntarily.

    He said he did not find any confession to any crime by Nwosu in the statements.

    “A confession, to be a confession, must be direct and positive as far as the charges are concerned. To constitute a confession, a statement must admit that the maker thereof admitted the offences for which he is charged and must be clear, precise and unequivocal.

    “It has not been shown that the statements made were direct and unequivocal to the commission of the offence for which the first defendant stands trial in this matter.

    “I cannot in the circumstances, therefore, hold these statements are indeed confessional,” the judge said.

    He said Nwosu admitted that a word of caution was read to him before he signed the statements.

    Justice Idris added that the first defendant failed to corroborate his claim that he was forced to make the statement.

    “In the circumstances, I hold that the statements are admissible in evidence. The statements are, therefore, admitted in evidence and are marked as exhibits in the trial,” Justice Idris said.

    He adjourned until January 11 for continuation of trial.

  • Diezani bribe: EFCC seeks to transfer case to new judge

    Diezani bribe: EFCC seeks to transfer case to new judge

    THE Economic and Financial Crimes Commission (EFCC) yesterday urged 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 N30 million bribe from former Petroleum Minister 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 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 EFCC in which he agreed to pay a fine of N10 million and 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 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 N10 million fine as provided in the law.

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

    Yesterday, EFCC’s lawyer Rotimi Oyedepo said 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 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.

    Opara 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.

     

  • Diezani bribe: Court convicts INEC official for accepting N70 million

    Diezani bribe: Court convicts INEC official for accepting N70 million

    THE Federal High Court in Lagos yesterday convicted an employee of the Independent National Electoral Commission (INEC) for accepting over N70 million bribe from former Petroleum Minister Mrs. Diezani Alison-Madueke to rig the 2015 general election results.

    Justice Mohammed Idris convicted Yisa Adedoyin for receiving  N70,050,000 after he pleaded guilty to an amended charge.

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

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

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

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

    The judge said Nwosu should either accept a heavier sentence, which includes a N10 million fine, or change his plea.

    When the defendants were re-arraigned yesterday, 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 in view of his plea and to accept the plea bargain agreement reached with him, dated May 2.

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

    “That a fine of N10 million 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 N70 million, 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.

    The lawyer tendered the receipt of payment as well as bank draft of N5million in favour of EFCC Recovered Funds Main account.

    He urged the court to convict the defendant in line with the terms of the plea bargain agreement.

    Ruling, Justice Idris held: “Judgment be and is hereby entered against the second defendant in terms of the agreement. This is the judgment of the court.”

    Oyedepo urged the court to return the case to the chief judge for reassignment to another judge for the trial of other defendants.

    He said the ACJL provides that where a judge refuses a plea bargain and a defendant changes his plea to not guilty, the trial would be before a different judge.

    But Nwosu’s lawyer, Obinna Okeke, said the trial could go on before Justice Idris since Nwosu had been re-arraigned.

    He alleged that his client was induced to plead guilty and that EFCC imposed a lawyer on him, but Oyedepo denied the allegations.

    “We found out that he was put under intense pressure. He has been in detention for over one month. A counsel was also imposed on him,” he said.

    Justice Idris asked parties to address him on whether or not the case should be reassigned to another judge.

    He adjourned till May 15 for hearing of Nwosu’s bail application and for counsel to address him.