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Tag: Economic and Financial Crimes Commission (EFCC)

  • I did not order arrest of judges – Buhari

    I did not order arrest of judges – Buhari

    Following the arrest, last year of some Federal High Court Judges and Supreme Court Justices, an Abakaliki based lawyer, Onu John Onwe have dragged President Muhammadu Buhari, and the Attorney-General of the Federation, Abubakar Malami, to court.

    Also joined in the suit are the Director of State Security Services (DSS), Lawal Daura, Inspector-General of Police, Ibrahim Idris, Chairman of Economic and Financial Crimes Commission (EFCC), Ibrahim Magu and National Judicial Council (NJC).

    The DSS had in a commando-style on the night of 7th and 8th of October 2016 raided the homes of some judges, searched their residences, arrested and detained them.

    Some of the Judges including Justice Nwali Ngwuta of the Supreme court are still standing trial for alleged corruption.

    Apparently worried at the manner the whole operation was conducted, the treatment metted out to the judges, and its legal and political implication on the rule of law and activities of the judiciary, Onwe filed a suit at the Federal High Court sitting in Abakaliki accusing the defendants of not acting in accordance with the rule of law.

    RELATED: Why Corrupt Judges must be punished – Sagay

    Onwe also accused the President and Mr Malami of prevailing upon the NJC to suspend the said Judges and Justices from their offices and performance of their judicial functions.

    Onwe in an affidavit he deposed in support of the originating summons, said the President, the Attorney General and the NJC did not follow due process as stated in sections 292 (1) and Paragraph 21(1) of the third schedule to the constitution of the Federal Republic of Nigeria in the arrest, suspension and arraignment of the judges.

    He also claimed that the actions of the defendants induce insecurities in the judiciary and judiciary officers in the discharge of their duties and indeed in the enforcement of the fundamental human rights guaranteed under Chapter 4 of the Constitution of the Federal republic of Nigeria 199 as amended.

    When the matter came up for a preliminary hearing Friday, the plaintiff who also doubles as the Counsel to the Plaintiff, Onu John Onwe told the court that some of the defendants including  Buhari, Attorney –General, DSS, IGP and NJC have been served while the EFCC have not been served.

    Onwe who is the plaintiff and counsel to the plaintiff had told the court that the court bailiff had gone to the EFCC twice to serve the anti-graft agency but that the agency refused to accept the service.

    Onwe noted that he instituted the suit to check the excesses of the executive, describing the invasion of judges homes in the midnight as unconstitutional and a flagrant abuse of rule of law.

    What we are concerned about is the interpretation of certain provisions of the constitution.  We are not contesting the fact even though the defendants are saying that I don’t have the locus standi to challenge their actions because it affects the whole nation, that one person cannot come and say that he is aggrieved on their action but I am aggrieved because their action is affecting me as a lawyer and that is why I am challenging their action. I don’t feel secure in my practice and also as a olitician – Onwe.

    Samuel Ede who is counsel to the National Judicial Council explained that the plaintiff is challenging the arrest of some Judges.

    “This matter is what the plaintiff called an unlawful invasion of the various homes of Judges and Justices of the Supreme court.  He said it has put his practice as a Lawyer on line or at stake. This matter concerns NJC because it is the body in charge of laws in Nigeria, it is a supervisory body.

    RELATED: Judgement without justice

    “The plaintiff is in a position to appraise the matter but this court is in a position to take its position on it”, he said.

    However, President Buhari and the Attorney General of the Federation, who are the 1st and 2nd respondents in the matter, have denied issuing the orders for the invasion and arrest of the judges and justices of the federal high courts and supreme courts.

    According to a counter affidavit filed by Counsel to the President and the Attorney, Mr Balla Ali, the duo in paragraph 8 succinctly denied that the orders for the invasion and subsequent arrest were issued by the Buhari.

    “That it is not true that the orders for the act of siege and invasion of residences of the said judges and justices of the Federal High Courts and the Supreme Court of Nigeria were made by the 1st Defendant, neither did the 2nd Defendant issue any such statement owning and/or accepting responsibility for giving order and or directive authorizing the Department of State Security operatives nor agents to carry out any acts of siege, invasion nor searches of residences, arrests nor detentions of any such judges and justices for several hours in the DSS detension cells until the said judges and justices were released at any order of the 1st Defendant”, he said.

    The Presiding Judge, Justice Akintola Aluko, however, insisted that EFCC must be served before the matter can commence for proper hearing and adjourned till June 12 for hearing.

     

  • EFCC amends charges against AVM Mamu

    EFCC amends charges against AVM Mamu

    The Economic and Financial Crimes Commission (EFCC) on Friday in an Abuja High Court, Maitama applied to amend charges against retired Air Vice Marshal Alkali Mawu.

    Mawu, former Air Officer, Training Command, Kaduna was on June 21, 2016 arraigned before Justice Salisu Garba on a three-count charge of receiving gratification.

    The EFCC had alleged that Mawu collected a cash gift in the sum of N5.9million for the purchase of a Range Rover Evoque as a member of Procurement and Planning Committee of Defence.

    Also included are two vehicles (Ford Expedition SUV and Jaguar XF Saloon) valued at N15 million and N12 million  from Societe D’ Equipments Internationaux Nigeria Ltd., a contractor with the Nigerian Air Force.

    At the resumed sitting on Friday, Mr Slyvanus Tahir, the Prosecuting Counsel, prayed the court for the withdrawal of former charges of the three counts filed on March 30, 2016 to four.

    Tahir told the court that the amended charge was filed on April 24, and sought the leave of the court to withdraw the one filed on March 30, 2016 due to an error dictated.

    He said that it was in pursuant to sections 216 and 217 of the Administration of Criminal Justice Act 2015, that he was not going to call another witness based on the amendment.

    The Defence Counsel, Mr Adedayo Adedeji, did not object rather told the court that he also filed a motion on May 17 seeking for the release of Mawu’s international passport to enable him travel.

    He told the court that Mawu would be travelling to Mecca for Umrah (lesser Haji) lasting from June 6 to June 8.

    Adedeji told the court that this was in pursuant to sections 36(5)(6) and 38 of the Constitution of Federal Republic of Nigeria 1999 as amended.

    He also reminded the court that Mawu had been granted similar prayer before and he never defaulted.

    He therefore prayed the court to grant his application which bordered on his right to religion.

    On Dec. 14, 2016, the prosecution had called four witnesses to testify and tender documents in evidence after which they closed their case.

    However, on Feb. 22, Mawu through his counsel, Mr Joseph Daudu (SAN) opened a defence with him as the first witness.

    The judge, Justice Salisu Garba after listening to their submissions adjourned till May 26 to rule on both applications and July 10 for continuation of the defence witness testimony.

  • Alleged bribery: Prosecution’s absence stalls Rickey Tarfa’s trial

    Alleged bribery: Prosecution’s absence stalls Rickey Tarfa’s trial

    A Lagos State High Court, Igbosere, Tuesday adjourned till Wednesday for the trial of Chief Rickey Tarfa SAN for alleged bribery and unlawful obstruction of public officers.

    Justice Adedayo Akintoye made the order following the absence of prosecution counsel, Rotimi Oyedepo of Economic and Financial Crimes Commission (EFCC).

    Tarfa is standing trial on a 27-count charge of, among others, age falsification and offering of gratification to a public officer, pressed against him by the anti-graft agency.

    At the last adjournment on February 28, the court rejected Oyedepo’s proposal of trial on three dates, two of which fell on a Good Friday and a Saturday.

    It adjourned till noon Tuesday for continuation of trial.

    But at the commencement of proceedings, Defence counsel Oluyele Delana and Abiodun Owonikoko, both SANs, observed that there was no representation from the EFCC.

    Owonikoko said: “I am taken aback by the prosecution’s absence. No letter was given to the defence to explain their absence.

    “I can confirm that yesterday (Tuesday), I was in court with Mr Oyedepo for another matter and there was nothing to indicate that he would not be in court. Since that time, I have been to Kaduna and back.

    “It is not fair on the defendant.”

    Justice Akintoye noted the agency’s absence and gave Oyedepo till today to explain his absence.

    “I have recorded their absence. So that they don’t waste our time, we have tomorrow to continue and for them to tell us why,” the judge said.

    The EFCC arraigned Tarfa on March 10, 2016 on a 27-count charge which was subsequently amended to 26 counts.

    He was accused of alleged willful obstruction of authorised EFCC officials, refusal to declare assets and giving false information to a public officer.

    The agency also alleged, among others, that the lawyer offered N5.3million gratification to Justice Hyeladzira Nganjiwa of the Federal High Court, Lagos in order to compromise the judge.

    It claimed that Tarfa transferred the money in several tranches to Justice Nganjiwa between June 27, 2012 and December 23, 2014.

    Tarfa pleaded not guilty.

     

     

  • EFCC re-arraigns Fani-Kayode, Nenadi before new judge

    EFCC re-arraigns Fani-Kayode, Nenadi before new judge

    The Economic and Financial Crimes Commission (EFCC) Monday re-arraigned former ministers of Aviation and Finance, Chief Femi Fani-Kayode and Senator Nenadi Usman for alleged N4.6billion fraud.

    They pleaded not guilty to the 17-count charge of laundering.

    The defendants were first arraigned last June 28 before Justice Muslim Hassan.

    But, on March 16, he recused himself from the case after Fani-Kayode accused him of likely bias.

    The judge transferred the case file to the Chief Judge, Justice Ibrahim Auta, for re-assignment to another judge.

    In asking the court to disqualify himself, Fani-Kayode said Justice Hassan, who worked as Head of Legal at the EFCC before his appointment as a judge, signed the money laundering charge for which Fani-Kayode was previously tried and acquitted by Justice Rita Ofili-Ajumobia on July 1, 2015.

    Following Justice Hassan’s withdrawal, to case was re-assigned to Justice Rilwan Aikawa, and the defendants took their pleas afresh yesterday.

    Justice Aikawa asked the defendants to remain on the bail terms earlier granted them by Justice Hassan.

    Usman’s lawyer, Abiodun Owonikoko, prayed the court to hear his client’s pending application seeking to transfer the case to Abuja for convenience.

    He said Justice Hassan did not address the issue in his ruling disqualifying himself.

    “He didn’t consider that application. He only recused himself,” Owonikoko said.

    But EFCC’s lawyer Rotimi Oyedepo said since issues were joined before Justice Hassan, the defendants should appeal or file fresh applications.

    The former ministers were charged along with former Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko Local Government Area of Kaduna State Mr. Yusuf Danjuma and a company, Jointrust Dimentions Nigeria Limited.

    Count one of the charge reads: “That you, Nenadi Esther Usman, Femi Fani-Kayode, Danjuman Yusuf And Jointrust Dimentions Nigeria Ltd on or about the 8th day of January, 2015, within the jurisdiction of this Honourable Court conspired amongst yourselves to indirectly retain the sum of N1,500, 000,000.00 which sum you reasonably ought to have known forms part of the proceeds of an unlawful act to wit: stealing.”

    The four were also accused of indirectly retaining N300million, N400million and N800million, all proceeds of corruption, according to EFCC.

    The prosecution said they allegedly committed the offence between January 8 and March 25, 2015 ahead of the general election.

    In another count, the prosecution alleged that Fani-Kayode directly retained N350million which he ought to have “reasonably known formed part of the proceeds of an unlawful act to wit: stealing.”

    The commission said Fani-Kayode directly used the sum of N170million, among other sums, which he reasonably ought to have known forms part of the proceeds of corruption and stealing.

    He was also accused of doing cash transaction of N24million with Olubode Oke without going through a financial institution.

    The offence, EFCC said, violates sections 1(a) and 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b).

    Justice Aikawa adjourned until June 7 for ruling and commencement of trial.

     

  • I’m not building $3million hotel in Abuja – Zamfara Governor

    I’m not building $3million hotel in Abuja – Zamfara Governor

    Zamfara state governor and Chairman of the Nigeria Governors Forum, Abdulaziz Abubakar Yari has denied reports that he was building a $3 million dollars hotel in Abuja with money stolen from the state shares of the Paris Club refund.

    The governor said he neither own a plot of land in the Abuja, nor is building a hotel in the city, describing reports that he embezzled another N2.2 billion from the N19billion set aside illegally to pay “consultants”, as wrong, harmful, libelous and misleading.

    In a statement signed by the Head of Media and Public Affairs of the Nigeria Governors Forum, Abulrazque B. Barkindo, the governor expressed concern the reports by an online media quoting an unnamed source from the Economic and Financial Crimes Commission (EFCC).

    The governor condemned the resort to media trial of people by the commission, stressing that such attitude has led to the commission losing many high profile cases of corruption.

    He said while the media is entitled to perform its duties as watchdog of society, which is enshrined in the constitution of the Federal Republic of Nigeria, it is not, however, entitled to make unfair attacks, based on unfounded, false and unsubstantiated allegations against responsible public office holders.

    The statement reads: “Reports on Governor Abdulaziz Yari Abubakar of Zamfara State, and Chairman of the Nigeria Governors’ Forum making the rounds in some online media which claimed that the “governor is building a $3m hotel from monies stolen from the Paris-London Club refunds to states” give cause for worry.

    “The reports contain harmful, damaging and libelous insinuations which remain largely unsubstantiated despite the fact that it attributes the leaks to the Economic and Financial Crimes Commission (EFCC), officials in Lagos.

    “Governor Abdulaziz Yari Abubakar has said emphatically that he does not even own a plot of land in Lagos not to talk of a hotel. But the Economic and Financial Crimes Commission officials in Lagos claimed as follows: that “they have found a hotel being constructed by Governor Yari of Zamfara state with $3m he stole from London-Paris Club loan refund to Nigerian states.

    “That “apart from the $3million, Governor Yari also diverted N500 million from the Paris Club refund to pay off a loan”, an Economic and Financial Crimes Commission (EFCC) source revealed to an online medium.

    “The medium also added that EFCC officials in Lagos revealed that “overall the governor embezzled the sum of N2.2 billion from the N19billion set aside illegally to pay “consultants”, all of which are wrong, harmful, libelous and misleading disclosures.

    “Governor Abdulaziz Yari is not building any hotel in Lagos nor were any monies stolen or embezzled from the Paris-London Club refunds to states or from any other source.

    “The online medium quoted the Economic and Financial Crimes Commission (EFCC) extensively as its source and the Nigeria Governors’ Forum is alarmed that the EFCC continues to feed the media fibs at the expense of its hard-earned reputation as the anti- graft agency that Nigerians used to respect.

    “This is perhaps why the EFCC has lost most of the high-profile corruption cases at the law courts after it had unfairly stage-managed media trials and caused their victims personal pain and public umbrage.

    “This report, typical of most of the exclusive leaks that are becoming characteristic of the sources that court some sections of the media, lacks detail and compelling evidence to be fit to print.

    “The sources were courageous enough to mention a hotel in Lekki area of Lagos but gave neither a street name nor any specific information on the property to give credibility to the allegations. This does no service to any investigation nor does it help the development of our country Nigeria.

    “The media, we all know, is entitled to perform its duties as watchdog of society, which is enshrined in the constitution of the Federal Republic of Nigeria. It is not, however, entitled to make unfair attacks, based on unfounded, false and unsubstantiated allegations against responsible public office holders.

    “The media should support the EFCC in ensuring that convicting people on the pages of newspapers shouldn’t be the focus of the EFCC in its war against corruption. Instead, EFCC should channel its energies to comprehensive, thorough and credible investigation that can stand the scrutiny of legal examination in court.

    “There can be no claim to any semblance of due process when individuals are convicted on the pages of newspapers before they are arraigned only to be declared innocent at the end, all at the expense of their reputation and that of their immediate family, through such media hype.

    “The newspaper is not an alternative court, as far as our constitution is concerned, and all responsible journalists are obliged by the ethics of their profession to ensure that whatever goes into publication is verified and adjudged to be accurate.

    “I therefore urge, in the spirit of responsible journalism, balance and fairness, that journalists desist from absorbing hook, line and sinker scoops from fifth columnists whose actions are tantamount to dragging the reputation of the EFCC in the mud”.

     

  • Court jails two siblings for Internet fraud

    Two siblings, a male and female, have been sentenced to two years imprison each for Internet fraud in Warri, Delta, according to the Economic and Financial Crimes Commission (EFCC).

    In a statement on Monday, spokesman of the commission, Mr Wilson Uwujaren, identified the duo as Chukwudi Ugwueke a.k.a James Scott and Sophia Ugwueke.

    Uwujaren said they were sentenced by Justice E. A .Obile of the Federal High Court, Warri, but were given an option of N400,000 fine each.

    EFCC operatives arrested the convicts at their residence in Sapele, Delta, in January based on intelligence on their illegal activities bordering on defrauding foreigners through Internet scams.

    They were first arraigned on Feb. 1 on a 13-count charge, but pleaded not guilty, according to the EFCC spokesman.

    However, when the case came up for hearing on May 11, they pleaded guilty to an amended one-count charge of possession of fraudulent documents with intent to defraud one Lisa Marie Nors, an American.

    After reviewing the evidence tendered by the prosecution counsel, M. T. Iko, Justice Obile found the duo guilty and convicted them accordingly, Uwujaren said.

  • Court to EFCC : No evidence linking Ricky Tarfa to two judges

    Court to EFCC : No evidence linking Ricky Tarfa to two judges

    An Ikeja high court was Thursday told that the Economic and Financial Crimes Commission (EFCC) had no evidence linking Mr Rickey Tarfa (SAN) to alleged bribery of two judges.

    His counsel, Mr Abiodun Owonikoko (SAN) made this assertion at resumed proceedings into allegation of bribery of the judges by the EFCC.

    Tarfa is facing charges of offering gratification to a public official and perverting the course of justice.

    According to the EFCC, Tarfa allegedly bribed Justice Mohammed Yinusa and Justice Ngajiwa to pervert the course of justice.

    Tarfa however denied the charges.

    Owonikoko, who was cross-examining while cross-examining a witnessof  the EFCC, Mr Danladi Daniel maintained that the EFCC has no evidence directly linking Rickey Tarfa’s chambers to the bank account of the judges.

    He claimed that the account the EFCC was referring to in the matter belongs to another person who share same name with Justice Mohammed Yinusa .

    “Our findings revealed that the alleged UBA bank account which belonged to Justice Mohammed Yinusa,  belonged to someone who bears the same name, one Mr Mohammed Auwal Yinusa,” he said.

    He presented to the court an affidavit sworn by the said Mohammed Auwal Yinusa claiming ownership of the bank account.

    Owonikoko explained that Tarfa had prior relationship with Justices Yinusa and Ngajiwa before they became  judges.

    According to him, “Justice Yinusa was one year junior to Rickey Tarfa when he was studying law at the university of Maiduguri from 1982-1986 and they are friends. Justice Ngajiwa worked at the chambers of Rickey Tarfa for over 17 years.

    “Ever since Ngajiwa became a judge,  Rickey Tarfa has never had a case before him. Before Ngajiwa became a judge, he had over 300 cases he was handling at the Rickey Tarfa chambers some of which are still pending in court,” he said.

    Owonikoko also accused the EFCC of not concluding their investigations before charging the Tarfa to court

    “Justice Yinusa’s statement to the EFCC was given on October 17, 2016 which is seven months after he was charged in February 2016.

    “The call logs from MTN which allegedly showed the communications between the defendant and the judges were obtained on February 11, which is six days after the defendant was charged.

    “The defendants phones were retrieved by deceit by the operatives of the EFCC,  they told Tarfa’s driver that his boss was requesting for his phones and when he brought the phones, they were seized. The phones did not become an exhibit of the EFCC until February 9, after the defendant was charged,” Owonikoko argued.

    Owonikoko noted that the EFCC did not profile Tarfa during the course of their investigation.

    “You did not try during the course of your investigation to profile Rickey Tarfa and his lawfirm.

    “His law firm is the biggest lawfirm in Nigeria, employing over 100 lawyers with branches in Lagos, Abuja, Port-Harcourt and Yola. He currently has two retired judges working as consultants for his chambers,” he said.

    Responding to Owonikoko’s accusations, Daniel said “The defendant signed a consent of  analysis form for his phone, it is not true that the phones became exhibits after Feb. 9, 2017.

    “We have documents linking one Esther Agu, a staff of Rickey Tarfa’s chambers to Justice Yinusa, though, we don’t have documents showing that the defendant directly made any payment to the judge.

    Daniel also stated that he was not aware that since Justice Ngajiwa became a judge, the defendant has not had any case before him.

    Daniel during his evidence-in-chief, revealed details of text message as well as voice communications between Tafar and the judges.

    “On January 2, 2014, there were three text messages between the defendant and a member of his staff stating that they were in court for a case to be assigned before Justice Yinusa.

    “There are biometrics captured by MTN communications of the defendant and Justice Yinusa the voice communications were from Tarfa’s MTN, number- 08034600777 and Justice Yinusa’s MTN number-08035967291,” he said.

    The detective also read aloud details of the voice communications including late night calls between the SAN and the judge.

    “Esther Agu, a staff of the defendant made a payment of N2.5million into the bank account of Justice Yinusa.

    “Based on the account records, the payments were made on May 15, 2015.

    “The payments were made when there were three EFCC cases in which Tarfa was the counsel for the opposing parties before Justice Yinusa.

    “The communications started sometime in February 2015 and ended sometime in September 2015 after judgments were delivered in those cases.

    “There were some text messages between Justice Ngajiwa and the defendant on Ocober 16, 2014 in which Justice Ngajiwa sent his Guaranty Trust Bank details to the defendant.

    “The defendant also sent another person a text message on that day to pay $5, 000 into the bank account of the judge,” Daniel said.

    Justice Aishat Opesanwo adjourned the case to July 7 for continuation of trial.

     

  • Why Magu visited Rivers Chief Judge – EFCC

    Why Magu visited Rivers Chief Judge – EFCC

    The Economic and Financial Crimes Commission (EFCC) has cleared the air on the visit of its Acting Chairman, Mr Ibrahim Magu to the Chief Judge of Rivers on Monday.

    It said that contrary to speculation, the visit was not connected to any of its cases pending before the chief judge, Justice Adama Iyayi-Lamikanra.

    The News Agency of Nigeria (NAN) reports that the clarification was made in a statement issued by the Spokesman of the EFCC, Mr Wilson Uwujaren on Tuesday.

    Uwujaren said Magu’s visit to Iyayi-Lamikanra was a courtesy call as part of his working visit to the headquarters of the South South zonal office of the commission in Port Harcourt.

    “Apart from the Chief Judge, Magu also visited the Rivers State Commissioner of Police, Zaki Ahmed.

    “Indeed, it is a matter of routine courtesy for the EFCC boss to visit critical stakeholders, particularly law enforcement and justice sector leaders in zones where the commission maintain offices.

    “Such gestures are not meant to compromise or influence them to favour the commission in the discharge of their responsibilities,’’ he explained.

    The EFCC spokesman said the clarification was in reaction to a report in a national daily purporting that the visit was causing disquiet in the state.

    He quoting the report as saying “the state House of Assembly is considering passing a resolution calling for the suspension of the chief judge for receiving Magu’’.

    Uwujaren said an anonymous source told the paper that the lawmakers believed the visit had put the Chief Judge under pressure, and that it was wrong for Magu to visit a judge over any case.

    Uwujaren noted that the visit was pursuant to the commission’s belief that it had a shared responsibility with other workers in the justice delivery system to promote the fight against corruption.

    According to him, visits such as this one offer the commission the opportunity to share experiences and remind the hosts of their responsibilities under the EFCC Act, especially as it concerns the designation of judges to handle EFCC cases.

    “Justice Laminkara is not the first Chief Judge to host Magu and it will be distasteful to malign her over a civilised gesture of receiving a head of a federal agency.

    “Many judges have hosted Magu without a whimper from any quarter. Before now, the EFCC boss visited the Chief Judges of Lagos, Ogun and Oyo States.

    “At the federal level, he has paid courtesy visits to the Chief Judges of the Federal High Court, the Federal Capital Territory High Court and the President of the Court of Appeal.

    “These visits have not stopped the commission from losing cases before judges under the supervision of these respected judicial officials,’’ he said.

  • Ladoja bought cars for lawmakers to avoid impeachment – Witness

    Ladoja bought cars for lawmakers to avoid impeachment – Witness

    The Federal High Court in Lagos Tuesday heard that former Oyo State Governor Rashidi Ladoja allegedly bought cars for lawmakers to prevent his impeachment.

    A prosecution witness, Mr. Adewale Atanda, said this while testifying in Ladoja’s trial before Justice Mohammed Idris.

    He had earlier testified that the former governor gave directive that Oyo State’s shares be sold.

    He said N634million, which was part of the commission and profit realised by stockbrokers handling the shares’ sale, were used as slush funds to prevent Ladoja’s impeachment.

    The witness said the N634million was delivered to him by the stockbrokers.

    He said he removed N180million from the sum, which he had earlier borrowed and spent on Ladoja’s instructions during the heat of the impeachment saga.

    Part of the N180million, he said, was the N80million he obtained from Wema Bank Plc, which Ladoja used to purchase 22 vehicles for Oyo State lawmakers to prevent his impeachment.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Ladoja for allegedly converting N4.7billion from the state treasury to his personal use.

    He was charged along with Waheed Akanbi on eight counts of money laundering and unlawful conversion of public funds.

    Atanda, who was Ladoja’s Special Executive Assistant, said under cross-examination: “The loan was taken through V. T. Leasing Limited, and disbursement were made to the vendors of the vehicles which were collected by Oyo State government.

    “I used V. T. Leasing Limited to apply for the loan from Wema bank. Although I am a shareholder with less than one percent, I used my goodwill to get the loan and I did not make any application.

    “I did not know the condition attached to the vehicles given to members of State Assembly loyal to Governor Ladoja.

    “The vehicles were collected by the Oyo State government’s drivers before handling them to Ladoja’s loyalists at the State House of Assembly members.”

    Ladoja was governor from May 29, 2003 to January 12, 2006 when he was impeached. On November 1, 2006, the Appeal Court Ibadan, declared the impeachment null and illegal.

    The Supreme Court upheld the decision on November 11, 2009, and Ladajo resumed office on December 12, 2006. He, however, lost a re-election bid.

    The witness said another N633 million loan he collected when Ladoja returned as governor was part of expenses incurred when he shut down his hotel for one year to house Ladoja and his 14 loyalists in the Assembly during the impeachment saga.

    He said his hotel, Heritage Court and Inn, on Plot 176, Moshood Olugbani Street, Victoria Island, Lagos, was shut down from December 2005 to December 2006, because Ladoja’s life was at risk.

    He said there was no agreement that he would be paid back as no one thought Ladoja would return as Governor.

    He said when Ladoja was reinstated; he collected the N633 million on Ladoja’s instruction.

    Atanda also said he personally delivered £600,000 to Ladoja’s daughter, Bimpe, in London.

    Justice Idris has adjourned till May 25 for continuation of trial.

     

  • N11b fuel ‘theft’: Court orders DSS to produce Ubah

    N11b fuel ‘theft’: Court orders DSS to produce Ubah

    The Federal High Court in Lagos Tuesday ordered the Department of State Services (DSS) to produce Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, on Friday.

    Justice Mohammed Idris ruled on an ex-parte application by Ubah through her counsel, Mrs. Ifeoma Esom.

    The businessman is praying the court to compel DSS release him from its custody.

    Esom argued that unless the court orders the applicant to be produced in court within 48hours, the DSS and the Economic and Financial Crimes Commission (EFCC) would continue to keep him in their custody.

    She said they may “coerce him into acceding to whatever conditions they impose on him in exchange for his freedom”.

    The EFCC, the DSS Director-General, Nigeria National Petroleum Corporation (NNPC) and the Asset Management Corporation of Nigeria (AMCON) are among the respondents.

    The Service arrested Ubah over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the NNPC”.

    “So far, it has been established that the products stolen amount to over N11billion,” the DSS said in a statement.

    In a supporting affidavit to Ubah’s application, Capital Oil’s Secretary, George Oranuba, said the DSS acted in disregard of “the constitutional doctrine of separation of power and sanctity of the judicial process”.

    According to him, the arrest was over allegations made by the NNPC and AMCON, which were already subject of a lawsuit.

    “Notwithstanding the pendency of this suit and the service of the originating process as aforesaid, the respondents again invited Ubah to report to their offices in respect of the same allegations made by the NNPC and AMCON, which is the subject matter of the instant suit,” Oranuba said.

    Oranuba said a “throughput agreement” between Capital Oil and NNPC allows for “conversion and diversion of products by ‘operators’ so long as the operator is prepared to re-deliver the products within seven days of demand by the products owner or to pay a penalty for non-re-delivery”.

    According to him, the failure to re-deliver was a “mere” breach of contract, which can be remedied by the payment of penalty to the owner, and was not a criminal act.

    “The throughput agreement expressly states that any penalty due for non-re-delivery is to be treated as a debt and I verily believe that law enforcement agencies are not allowed to operate as debt collectors,” the deponent said.

    Oranuba also said NNPC was indebted to Capitol Oil in “excess of N13billion”, yet the company did not call law enforcement agencies to collect the debt.

    The DSS claimed Ubah had further engaged “in other activities inimical to national security and public order”.

    “In furtherance of his gimmicks to undermine the government and people of Nigeria, he has incited members of the Petroleum Tanker Drivers (PTD), a critical player in the downstream sub-sector of the Petroleum Industry, to refuse/stop the lifting of products,” it said.

    But, the PTD wing of the National Union of Petroleum and Natural Gas Workers (NUPENG) faulted the DSS over the allegation, saying no individual or institution can be allowed to use tanker drivers to cause economic sabotage.

    The union, in a statement by its national chairman, Otunba Salmon Oladiti, dismissed the allegation as “baseless and unfounded”.