The Nation Newspaper

Tag: Economic and Financial Crimes Commission (EFCC)

  • Court rejects Jonathan’s ex-aide’s ‘torture’ claims

    Court rejects Jonathan’s ex-aide’s ‘torture’ claims

    The Federal High Court in Lagos Monday rejected claims by a former Senior Special Assistant to ex-President Gooluck Jonathan on Domestic Affairs, Dr Waripamo-Owei Dudafa, that he was “tormented” by officials of the Economic and Financial Crimes Commission (EFCC) while in detention.

    EFCC arraigned Dudafa and Iwejuo Joseph Nna before Justice Mohammed Idris on 23-counts of conspiracy and conspiring to conceal proceeds of crime amounting to over N1.6billion on June 11, 2013.

    Prosecution counsel Rotimi Oyedepo had sought to tender the defendants’ statements during trial, but Dudafa and Nna claimed that the statements were not made voluntarily.

    Justice Idris then ordered a trial-within-trial to determine if the statements were made voluntarily.

    Dudafa had claimed that he was he was “tormented” by in a bid to get him to implicate the former president. He said the statements were dictated to him, and that he was induced to sign in exchange for his freedom.

    He also said he was denied access to his relatives, was not given food for some period, and that EFCC doctored the video recording of his statement by blotting out the part where he protested the fact that he was being induced.

    Ruling yesterday, Justice Idris admitted the statements on the basis that their contents did not indicate that the defendants “confessed” to any crime.

    He was, however, silent on Dudafa’s claims that he was “tormented” and induced to make the statements.

    Justice Idris said: “Are exhibits ID1 and ID2 (the statements) admissible in evidence? Are they confessional? None of the parties have addressed this issue.

    “What is a confession? A confession is generally made in writing to a police officer or other law enforcement agents during investigation. It could also be made orally.

    “A confession must be direct and positive as far as the charges are concerned. To constitute a confession, a statement must admit or acknowledge that the maker thereof committed the offences for which he is charged and in doing so be clear and unequivocal.”

    Justice Idris held that the confessional statements did not meet the principle of mens rea (criminal intent).

    He said: “Where in Exhibits ID1 and ID2 did the first and second defendants admit the act constituting the offences, as well as requisite intent of mens rea? None has been shown to the court by the counsel, and not has been seen by the court.

    “Let me restate for the avoidance of doubt that qualified confession, which for instance, suggests that a defendant is raising a defence, cannot be labeled a confession.

    “Strictly speaking, an admission of guilt, but with a defence or an explanation, therefore, cannot amount to a confession.

    “It has not been shown that the statements of the first and second defendants tendered by the prosecution amount to an admission of guilt.

    “It has not been shown that the said statements were positive, direct and unequivocal as to the commission of the offence for which the defendants were charged.

    “I cannot in the circumstances hold that these statements are indeed confessional statements. In the circumstances, I hold that the statements are admissible at this stage.

    “They are admitted and marked as Exhibits G-G15 in respect of the statement of the first defendant, and Exhibit H-H40 in respect of the second defendant.”

    Justice Idris adjourned until June 21 for continuation of trial.

     

  • Court adjourns $ .15m fraud case against banker till June 12

    An FCT High Court, Lugbe, on Monday adjourned until June 12, the $150,000 fraud case instituted against a baker, Sylvester John.

    The Economic and Financial crimes Commission (EFCC) had accused the defendant of diverting $150,000.
    The banker, who worked with First City Monument Bank (FCMB), was alleged to have collected the money from one AVM Stephen Onuh, who reported the matter to the EFCC.

    EFCC witness, Muhammed Marafa, on cross-examination by EFCC prosecutor Abubakar Ringim, told the court that EFCC received a petition from FCMB that the defendant collected the said amount from the complainant.

    According to Marafa, the complainant gave the defendant the mandate to open a fixed deposit account with the said amount, but he diverted the money.

    He said that the case was reported to the bank fraud unit of the EFCC.

    “The suspect was arrested and taken to the bank fraud unit, where the copy of the petition was given to him and he willingly volunteered statement.

    Marafa said that EFCC has five bank fraud units in the commission.

    Marafa said that the team of investigators wrote a letter to the FCMB, requesting the statement of account of the fixed deposit account opened by the defendant.

    He said that no such account was opened.

    Counsel to the defendant, Mr Anthony Ameh, said his client was arrested and detained for more than 24 hours without prior invitation.

    He told the court that asking his client to open a naira account, while he was given dollars was against banking rules and procedures.

    Justice Angela Otaruku, who discharged Marafa, ordered the prosecution to bring other witnesses listed to testify.
    The prosecution failed to produce another witness, while the case was adjourned until June 12 for continuation of hearing.

     

  • Corruption: Church to excommunicate erring members in Enugu

    The Enugu Diocese of the Methodist Church, will henceforth excommunicate its members, who are prosecuted for corrupt practices, the archbishop of the diocese, Most Rev. Christopher Edeh, has said.

    Edeh, who gave this caution in Enugu in his state of the nation’s address to the congregation at the end of the 42nd Annual Synod of the church on Sunday, said that such people were a disgrace to the body of Christ.

    The cleric urged the Federal Government, as a matter of duty, to prosecute all suspected corrupt government officials in the country, irrespective of political, ethnic or religious inclinations.

    Edeh noted with dismay that some corrupt officials in government were avoiding investigations, pointing out that the Economic and Financial Crimes Commission (EFCC) should give more attention to this development.

    “The suspension of the Secretary to the Government of the Federation, Mr Babachir Lawal and the Director of the National Intelligence Agency, Ambassador Ayo Oke, was the height of  fighting corruption by President Muhammadu Buhari,’’ he said.

    The cleric, however, opined that the investigations should be handled by an independent panel rather than by government functionaries.

    The archbishop also called for transparency and accountability in the disbursement of all the looted funds.

    Edeh also urged the Federal Government to intensify efforts on the diversification of the economy to agriculture, solid minerals and industrial development to tackle the present recession.

    The clergyman, who advised the congregation to embrace farming, called on the government to check the invasion of farmlands by herdsmen, who had been rendering the efforts of farmers useless.

    On the ongoing continuous voters’ registration, the archbishop urged churches to ensure adequate participation in the exercise.

    “The time has gone when in the name of Christian faith, believers stand aloof when national issues like the census or the National Identity Card registration pass by.

    “Performing our civic responsibility is also a Christian responsibility, we cannot be heavenly conscious and earthly useless,’’ Edeh said.

    The News Agency of Nigeria (NAN) reports that the theme of the synod is, “God’s Word, My Guide”.

  • NASS has nothing against Magu – Sen. Gobir

    NASS has nothing against Magu – Sen. Gobir

    Senator Ibrahim Abdullahi Gobir (APC-Sokoto)  on Saturday said the Senate has nothing against the Economic and Financial ‎Crimes Commission (EFCC) acting Chairman, Ibrahim Magu, explaining that it is purely  an executive issue and not the National Assembly.

    The lawmaker said the National Assembly only acted in line with the principle  of separation of powers as enshrined in the constitution of Nigeria, stressing that NASS should not ‎be seen as responsible for the happenings.

    Gobir, who shed  more light on the matter while speaking to newsmen in Sokoto, said the senate only acted on the report of the DSS which is an agency under the presidency, adding” both the EFCC and DSS are agencies directly under the presidency. Therefore, it’s an executive issue. So, Nigerians should not shift blames on the senate.”

    According to the Chairman, Committee on Senate Services, the legislative arm has to respect the mandate of the electorate and carry out its functions based on the principle of ‎separation of powers to ensure that democracy was protected and on course.

    “We cannot jeopardise ‎the mandate of  representation by our various constituents and or compromise  the provisions of the constitution which is the guiding document in a democratic setting.” NASS is a legitimate and respected democratic institution that should be working for the entrenchment of the system without compromising any process of legislation”, he explained.

    ‎He said the three arms of government; the executive, legislative and judiciary were key to the
    entrenchment of democracy, noting that the trio had to work together to transform the system in line with basic principles.

    According to Gobir who represents Sokoto East senatorial zone in the National Assembly, “Nigerians  need to have confidence in us so that we can all be proud of  our collective and participatory roles‎ in deepening democracy”, he appealed.

     

  • Court jails councillor, one other for selling IDP’s foodstuff

    Court jails councillor, one other for selling IDP’s foodstuff

    A Federal High Court in Maiduguri on Thursday jailed two local government officials in Borno to one year in prison and N1 million fine each for misappropriating 180 bags of rice meant for Internally Displaced Persons (IDPs).

    The convicts are Bulama Zangebe, a counsellor and Modu Bulama, a storekeeper, both with Mafa Local Government Council of Borno.

    They were arraigned by the Economic and Financial Crimes Commission (EFCC) on a two-count charge bordering on criminal conspiracy and criminal misappropriation.

    According to the charge sheet, the two colluded with one Shettima Maina, a former chairman of the local government, to commit the criminal act.

    Maina, who was the first defendant, was declared “at large” throughout the hearing of the case.

    He was said to be in custody of the military, for allegedly hoarding a wanted Boko Haram kingpin in his house.

    Zangebe and Bulama were also convicted for converting N1.4 million, being proceed from the sale of the rice stolen from the IDP camp, into their personal use.

    The convicts equally converted another N585,000, being the proceed from the sale of yet another 65 bags of rice stolen from the camp.

    Prosecuting witnesses told the court that the rice in question was donated to IDPs
    by the Danish Refugee Council (DRC) and clearly marked “not for sale’’.

    The Presiding Judge, Justice Fadawu Umar, said that the two were found guilty of the two-count charge brought against them by EFCC.

    Umar said that the second and third defendants had, through their defence, contradicted themselves throughout the hearing.

    He added that the convicts told the court that they had to sell the rice because they were about to expire.

    “They later told the court that the former council chairman, Maina, ordered them to sell the commodity because the IDPs complained that they were tired of eating rice every day.

    “The convicts further contradicted themselves by saying that the stolen rice belonged to soldiers, who wanted to sell them off in order to travel for Christmas,’’ the judge said.

    Umar noted that the two also lied to the court that the money realised from the sale of the rice was used to buy maize for the IDPs.

    He said that “the convicts claimed that the grains were kept in the local government store.

    “But when the court went to verify the claims, it was found that 200 bags of maize had been in the store long before the theft and sale of the DRC donated rice.’’

    The judge said that for the first count, the convicts committed a crime punishable under sections 96 and 97 of the Penal Code Cap 345 of Northern States of Nigeria and thereby sentenced to one year in prison and a fine of N1 million.

    “For the second charge, they committed a crime punishable under sections 308 and 309 of Penal Code Law Cap 345, Laws of Northern States of Nigeria, and are thereby sentenced to one year in prison and a fine of N1 million.’’

    The judge said the convicts were to serve the sentences concurrently.

    This is the first conviction secured by the Maiduguri office of the EFCC.

    The EFCC prosecuting lawyer, Khalid Sanusi, said that the judgment was a welcome development, as it would bring justice to the people.

    He said “we in the EFCC are prosecuting persons involved in this kind of crime, so that our society can be a better place.”

  • Again, trial of Metuh stalled, case adjourned until June 22

    Again, trial of Metuh stalled, case adjourned until June 22

    The trial of Olisa Metuh, former spokesman of the Peoples Democratic Party (PDP) was again stalled as the FCT High Court, Maitama, adjourned the case until June 22.

    Metuh was arraigned by the Economic and Financial Crimes Commission (EFCC) on a two-count charge of destruction of evidence.

    The trial was adjourned until June 22, for the defence to open its case; the adjournment was at the instance of the court.

    Mr Sylvanus Tahir, the prosecuting counsel, had on Oct. 10, 2016 closed his case, after calling three witnesses to testify.

    The judge, Justice Ishaq Bello, adjourned the case until Nov. 22 for the defence to open its case.
    The case was adjourned again until Jan. 24; March 2 and May 3.

    Metuh and all counsel in the matter were present in court and consented to the June 22 date.

  • Breaking: Court grants Ex-Governor Aliyu, Nasko bail

    Breaking: Court grants Ex-Governor Aliyu, Nasko bail

    Former Niger state Governor, Dr. Mu’azu Babangida Aliyu and his Chief of Staff, Umar Nasko has been granted bail by a Minna High Court Judge, Justice Aliyu Mayaki.

    Aliyu and Nasko were arraigned last week by the Economic and Financial Crimes Commission (EFCC) on a five count charge bothering on the misappropriation of over N4.5 billion belonging to the Niger state government.

    The duo were remanded in the Minna Medium Security Prisons in Tunga last week Monday.

    The bail conditions for Aliyu include a N150 million and a surety with properties valued at N200 million while Nasko is bail of N100 million and a surety with landed properties worth N150 million.

    Commending the Judge for the judgement, the Counsel to Umar Nasko, Mamman Mike Usman said that the bail conditions for his client was too harsh but the bail conditions would be met.

    The duo have met with the bail conditions and have been allowed to go to their various homes amidst jubilation from supporters.

     

  • Ekweremadu raises alarm over EFCC’s plan to raid apartment linked to him

    Ekweremadu raises alarm over EFCC’s plan to raid apartment linked to him

    Deputy Senate President, Ike Ekweremadu on Wednesday raised the alarm over alleged plans by the Economic and Financial Crimes Commission (EFCC) to raid an apartment the anti-graft agency linked to him.

    Details soon…

  • Lagos court fixes June 19 for judgment in Tompolo’s suit against IGP, EFCC

    Lagos court fixes June 19 for judgment in Tompolo’s suit against IGP, EFCC

    A Federal High Court in Lagos on Thursday fixed June 19 to deliver judgment in a suit filed by Chief Government Ekpemulopo, alias Tompolo, seeking the enforcement of his rights.

    Tompolo, who had been declared wanted since Feb. 12, 2016 by the Economic and Financial Crimes Commission (EFCC), is seeking court’s protection against prosecution over an alleged N45.9 billion fraud.
    Joined as respondents in the suit are the Inspector-General of Police, the Chief of Army Staff, the EFCC, the Chief of Naval Staff and the Chief of Air Staff.
    On Thursday, Justice Mojisola Olatoregun reserved judgment in the suit after hearing arguments from counsel.
    Adopting his originating processes, counsel to the first and second respondents, Mr T.A Mofolu, argued that the provisions of the Administration of Criminal Justice Act, provides for speedy criminal trials.
    According to him,  the law provides that an accused has a right of appeal where he is not at par with the decision of a court.

    He said in this case the respondent was aware of an appeal filed by the applicant.
    He also objected to the attachment of a newspaper publication in the applicant’s further affidavit dated June 16, 2016 on the grounds that such piece of evidence was secondary and ought to be certified at the National library.

    Mofolu, therefore, urged the court to dismiss the application for lack of merit.

    But counsel to the EFCC, Mr Rotimi Oyedepo, submitted that the applicant in question was a “fugitive” in law and should not be allowed to seek redress from the court until he submitted himself for trial.

    He argued that given the materials placed before the court, it was clear that the applicant was s in clear contempt of the order of Justice Ibrahim Buba, who had earlier compelled his attendance in court to answer charges preferred against him.

    Oyedepo described the application as an abuse of court process, saying “it is trite that a party who is in contempt of court cannot seek redress” and urged  the court to throw out the application for lack of merit.

    He said in his originating processes, the applicant had “ridiculously and in contradiction of his claims” annexed a copy of his notice of appeal signed personally by him.
    “If the applicant feigns ignorance of the charge, how then was he able to brief his counsel on the charge for an appeal to be filed.

    “The issue leading to the preferring of a criminal charge against the applicant borders on fraud in which billions of naira was lost by the Federal government.”
    He, therefore, urged the court to dismiss the application and award “heavy” costs against the applicant for abusing the court’s process.

    In response to the arguments of respondent’s counsels, Tompolo’s lawyer, Mr Ebun-Olu Adegboruwa, brought his application pursuant to the provisions of the African Charter of Human rights, the 1999 constitution, as well as the inherent jurisdiction of the court.

    He argued that in criminal law service of a charge was personal and could not be presumed, adding that there is no evidence before the court showing that exhibit A (charge) was served on the applicant.

    On the issue of contempt, Adegboruwa submitted that the applicant could not be cited for contempt, adding that since the beginning of the proceedings, the applicant cannot be said to have breached any court order.

    He insisted that it was the constitutional right of the applicant to apply to court for the enforcement of his rights and urged the court to uphold it.

    After listening to the submissions of counsel, Justice Olatoregun fixed June 19 for judgment.

    The EFCC had filed a 40-count charge against Tompolo and nine others before Justice Ibrahim Buba of the same court.

    Following the absence of  Tompolo in court since his arraignment, Justice Buba had  issued a bench warrant for his arrest and production in court.

    The court had also on Feb. 19, 2014, ordered a forfeiture of property belonging to Tompolo after an application was moved to that effect by the EFCC.

    Justice Buba had held that the Administration of Criminal Justice Act 2015 empowers the court to seize properties of an accused who refused to face trial.

    The court recalled that though Tompolo refused to appear in court, he briefed his lawyers and through them sought to vacate the order of his arrest.

    Consequently, he ordered forfeiture of properties belonging to Tompolo pending when appears in court.

    Property affected by the forfeiture order included a River Crew Change Boat named MUHA – 15, the property known as “Tompolo Dockyard”, and the property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.
    Others are the Diving School at Kurutie at Escravos River, the property known as “Tompolo House” at Oporaza Town, and any other property discovered by the EFCC moveable and immovable.
    Meanwhile, Tompolo is seeking an order restraining the respondents from further proceeding with the charges slammed on him.

    Tompolo contends that Sections 221 and 306 of the Administration of Criminal Justice Act, 2015 which prohibit him from seeking a stay of proceedings in his trial infringed on his constitutional rights to fair hearing.

    Tompolo also wants the court not to only nullify Sections 221 and 306 of the ACJA but to also restrain the respondents from invoking  the sections of the law against him.

    He insists that Sections 221 and 306 were in conflict with Section 36 of the Constitution which guarantees his right to fair hearing.

  • EFCC to court: Tompolo is a fugitive in law

    EFCC to court: Tompolo is a fugitive in law

    The Economic and Financial Crimes Commission (EFCC) Thursday asked the Federal High Court in Lagos to dismiss a rights enforcement suit filed against it and others by a wanted former Niger Delta militant, Chief Government Ekpemulopo, alias Tompolo.

    Tompolo, who was declared wanted last February 12, is praying the court to protect him from prosecution for an alleged N45.9 billion fraud.

    He sued the Inspector-General of Police, the Chief of Army Staff, the EFCC, the Chief of Naval Staff and the Chief of Air Staff.

    EFCC’s lawyer, Mr Rotimi Oyedepo, said Tompolo “is a fugitive in law”, and so, should not be allowed to seek redress in court until he submits himself for trial.

    He argued that given the materials placed before the court, it was clear that Tompolo was in contempt of the order of Justice Ibrahim Buba, who had earlier compelled his attendance in court to answer to charges preferred against him.

    Oyedepo described the application as an abuse of court process, since it was trite that a party who is in contempt of court cannot seek redress.

    He urged the court to throw out the application for lacking in merit.

    Oyedepo argued that in his originating processes, the applicant had in contradiction of his claims, annexed a copy of his notice of appeal which he signed personally.

    He argued that if Tompolo was ignorant of the charge, he would not have hired a lawyer to file an appeal.

    Oyedepo said the charge against the applicant bordered on fraud, in which billions of naira were lost by the Federal government.

    He, therefore, urged the court to dismiss the application and award “heavy” cost against the applicant for abusing the court’s process.

    Tompolo’s lawyer, Mr Ebun-Olu Adegboruwa, argued that in criminal law, service of a charge was personal and cannot be presumed, adding that there is no evidence before the court showing that the charge was served on the applicant.

    Adegboruwa said his client could not be cited for contempt, adding that since the beginning of the proceedings, the applicant could not be said to have breached any court’s order.

    He argued that it is a constitutional right of the applicant to apply to court to enforce his right, adding that it cannot be waived.

    Justice Mojisola Olatoregun fixed June 19 for judgment.