Tag: Economic and Financial Crimes Commission (EFCC)

  • Court sets aside forfeiture orders on OPL 245

    *Says EFCC’s application was wrongly filed.
    A Federal High Court in Abuja has set aside its orders made on January 26, 2017 for a temporary forfeiture of Oil Prospecting License (OPL) 245 to the Federal Government pending the conclusion of investigation by the Economic and Financial Crimes Commission (EFCC).
    The OPL 245 is in relation to the oil well, which the subject of the controversial Malabu Oil deal, on which the EFCC has filed three separate charges against former Attorney General of the Federation (AGF), Mohammed Adoke, former Petroleum Minster, Dan Etete and others.
    Justice John Tsoho, in a ruling this morning upheld the applications by  Nigerian Agip Exploration Limited (NAE) and Shell Nigeria Exploration and Production Company Ltd (SNEPCO), challenging the validity of the orders.
    Justice Tsoho held that the orders for forfeiture were irregularly made because the application ex-parte filed by the EFCC, and on which basis the orders were made, was irregularly filed.
    The judge also dismissed an application filed by Malabu Oil and Gas Limited seeking to, among others, stay the earlier reserved ruling on the applications by Agip and Shell.
    Malabu had sought to stay the delivery of the ruling to enable it be made a party in the case, because it would be affected by the court’s decision in the applications Agip and Shell.
    The judge said the application by Malabu was misdirected, constituted an abuse of court’s process and intended to waste the court’s time.
    Justice Tsoho directed parties who have issues with the Malabu deal – OPL 245, to files fresh cases to ventilate their grievances.
  • Reps seek 20-year minimum jail term for convicted public servants

    Reps seek 20-year minimum jail term for convicted public servants

    …As EFCC bill scales second reading

     

    The House of Representatives is seeking a 20-year minimum jail term for public servants who corruptly enriched themselves while in office.

    The lawmakers are also advocating for the creation of special courts designed to try corrupt officials to avoid undue delays.

    The decision of the lawmakers followed the second reading of a consolidated bill seeking to further empower the Economic and Financial Crimes Commission (EFCC) Wednesday.

    Bassey Ewa (PDP, Cross River), one of the sponsors of the bill said the bill aimed at relieving the agency of its dependence on the Executive and the legislature.

    “This amendment seeks to strengthen the commission by establishing more stringent ways of removing members and chairman of the board, establish an asset confiscation and recovery unit as well as a Financial Investigation and Intelligence Unit (FIIU).

    “Amend Section 18 of the Act that deals with penalties to increase the term of sentence to be not less than 20 years imprisonment (from the present provision of not less than 2 years and not exceeding 3 years and establish a plea bargain system whereby if the accused decides to plea-bargain by refunding the looted funds by him his sentence shall not be less 2 years”.

    In his comparative analysis of other countries that have passed through similar circumstances, Ewa said Ghana has 15 years with hard labour, Republic of Cameroun had 20 years imprisonment, India has 20 years’ imprisonment while Egypt has 20 years’ imprisonment.

    On funding of the agency, Ewa said the bill seeks to delete Section 35 of the Act to be replaced with 0.1percent of the total value of contracts awarded by the Federal Government shall be credited to the commission’s account; 0.1percent of the internally generated revenue of the Federal Government shall be credited to the commission’s account; and 0.1percent of the sums of money recovered from the looted funds shall be retained by the commission.

    “The EFCC Act is further amended to establish an Economic and Financial Crimes Commission Court to handle all cases emanating from investigations carried out by the EFCC bothering on financial crimes.

    “The court so established shall have divisions in the six geo-political zones of the country.

    “The EFCC court shall consist of judge, a retired permanent secretary, with cognate experience of not less 15years on financial and procurement matters, a forensic financial expert with cognate experience not less than 17 years and the court shall have and exercise jurisdiction to the exclusion of any other court or tribunal on economic and financial crimes matters.

    “The court shall within 180 days dispense with any matter that is properly brought before it as appeals emanating from it shall only lie to the Court of Appeal and the court of Appeal shall within 90 days dispense with any matter brought before it from the judgment of EFCC Court,” he added.

    In his contribution, Chairman, House committee on Financial Crimes, Kayode Oladele (APC, Ogun), who also co-sponsored the bill reminded his colleagues of an existing bill on special crime courts considering the proposal for an EFCC court to try cases of financial crimes.

    He said: “There is need for us to bring all the special crimes such as cybercrime, terrorism, financial crimes together into one so that the special court can be fully operational”.

    While he supported operational autonomy for the agency, Oladele however called for caution over funding of the agency saying if passed into law as proposed, the funding sources might turn out to be over-pampering of the agency.

    Igariwey  Enwo (PDP, Ebonyi) said, “Mine is only a voice of caution because it is easy to give out powers but very difficult to take it back as this special court may have to serve as subordinate court to the state high courts”.

    Tajudeen Yusuf (PDP, Kogi) said, financial autonomy for the agency wpuld free it from the dictates of the any arm.of government,  “The amendment is designed to democratise and is intended to help us combat financial crimes but 0.1percent of Federal Government Internally Generated Revenue (IGR) is really huge,” he added.

    A number of lawmakers opposed the bill on the creation of special court saying that it would amount to usurpation of powers of the High Court and the alteration of the constitution.

    The bill was nonetheless unanimously passed after it was put to a voice vote.

     

  • EFCC arrests Turnah for N2bn scam

    EFCC arrests Turnah for N2bn scam

    The Economic and Financial Crimes Commission (EFCC), on Tuesday said it arrested George Turnah over N2 billion scam.

    This is contained in a statement signed by the Head, Media and Publicity, EFCC, Mr Wilson Uwujareh and made available to newsmen in Abuja.

    It said its operatives arrested Turnah, the former Special Adviser to the erstwhile Managing Director of the Niger Delta Development Commission (NDDC), Mr Dan Abia in Port Harcourt.

    According to the statement, Turnah was arrested in connection with possession of funds running into N2billion.

    The statement said the EFCC suspected the fund to be part of the money siphoned from the NDDC while serving there as an adviser between 2012 and 2015.

    “Preliminary investigation by the EFCC threw up deposits made in his personal and company bank accounts in excess of N2 billion.

    “A search conducted in his houses in Port Harcourt and Yenogoa also yielded useful documents.’’

    The statement said the suspect had made useful statements to the EFCC and would be arraigned as soon as investigations were concluded.

     

  • ‘Part of Diazani’s $115m came from CBN in bullion van’

    ‘Part of Diazani’s $115m came from CBN in bullion van’

    The Federal High Court in Lagos Wednesday heard that the N450million allegedly received by a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore and former minister of National Planning Prof Abubakar Suleiman was brought to the bank from the Central Bank of Nigeria (CBN) in a bullion van.

    The Economic and Financial Crimes Commission (EFCC) said the sum was part of $115,010,000 (about N37billion) allegedly shared by former Petroleum Resources Minister, Mrs. Diezani Alison-Madueke, to different individuals in 36 states.

    The first prosecution witness, Mr. Timothy Olaobaju, a banker, said among those who allegedly benefited from the money were Belgore and Suleiman, who are on trial for alleged money laundering.

    Asked under cross-examination by Belgore’s lawyer, Chief Ebun Shofunde (SAN), what the denomination the money was, the witness said: “I can’t remember vividly but I remember there were N1, 000 and N500 bills.”

    He said the money was offloaded from the bullion van into his bank’s loading bay where it was manually counted.

    The witness said though the bank was ready to deliver the money to Belgore and Sulaiman on March 26, 2015 when it arrived from the CBN, Sulaiman’s failure to release his identification card delayed the process.

    He added that the transaction was captured on the Close Circuit Television (CCTV) camera mounted in the bank.

    Shofunde said: “I suggest to you that none of the defendants collected one kobo out of the N450m.” The witness answered: “That is not true.”

    Olaobaju added: “The money was counted by way of bundle counting, and they were in N1, 000 and N500 denominations. The money was kept overnight and in the vaults.

    “That very day, before the beneficiaries came, we had already stacked the money for them to pick. But there was a delay because the minister refused to show his identity card.

    “The beneficiaries said they could not carry the money that night because it was late. It is not true that none of the beneficiaries collected a dime,” he said.

    When Shofunde suggested to Olaobaju that it took two days to count the money, the witness disagreed.

    He said: “As a professional banker, I can count N1billion in 20 minutes.”

    Shofunde then put it to him that it was different individuals who came to the bank on March 27, 2015 to sign and collect portions of the N450million, but the witness said: “That is not true.”

    The defendants objected to the tendering of a list showing they allegedly received N450million from Mrs. Alison-Madueke.

    EFCC re-arraigned Belgore and Suleiman on an amended money laundering charge in which Mrs Alison-Madueke was included as a defendant, though “at large”.

    Prosecution counsel Rotimi Oyedepo sought to tender the list, but, Sulaiman’s lawyer, Mr. Olatunji Ayanlaja (SAN), argued that the document did not fully comply with Section 84 of the Evidence Act. He urged Justice Riwan Aikawa to reject it.

    Belgore’s lawyer, Ebun Shofunde (SAN), said the list emanated from the maker’s mail box.

    “The document sought to be tendered has not met the conditions made out in Section 84 of the Evidence Act. It shows that the list was made from my mail box of nnamdi@yahoo.com.

    “The certificate itself was not made by the witness. That makes it more ‘yahoo, yahoo’ and I urge your lordship to rejection same,” he said.

    Oyedepo said the document substantially satisfied Section 84 of the Evidence Act, and urged the judge to admit it.

    According to him, there was a certificate attached to the document which came from the bank where the money was lodged, signed by its Chief Compliance Officer.

    EFCC accused the defendants of conspiring to directly take possession of the N450million, which they reasonably ought to have known forms part of the proceeds of an unlawful act.

    The commission said they “directly took possession of the sum” and conspired to make cash payment of N450million, which “exceeded the amount authorised by law without going through financial institution”.

    Belgore and Suleiman pleaded not guilty to all the counts.

    Justice Aikawa adjourned till March 23 for ruling on the list’s admissibility.

     

  • $4.8million fraud: Ajudua challenges right of EFCC to prosecute him

    $4.8million fraud: Ajudua challenges right of EFCC to prosecute him

    Lagos lawyer, Fred Ajudua, has challenged the right of the Economic and Financial Crimes Commission (EFCC) to prosecute him over charges that he allegedly defrauded a former Chief of Army Staff Lt-Gen. Ishaya Bamaiyi of $4.8million.

    The EFCC had alleged that Ajudua defrauded Bamaiyi while they were in Kirikiri Maximum Prisons in 2004.

    According to the EFCC, Ajudua had approached Bamaiyi who was facing trial for the attempted murder of the late publisher of The Guardian Newspaper, Mr Alex Ibru and convinced him that he could help to secure his freedom.

    He was alleged to have received $4.8million from Bamaiyi as legal fees for the law firm of Chief Afe Babalola and Company but which later turned out as false.

    At resumed proceeding Monday, Ajudua through his counsel, Mr Norrison Quakers in an application dated January, 6, 2017 challenged the jurisdiction of the court to hear the case.

    Norrison told the court that they have filed an affidavit and a reply on points of law challenging the jurisdiction of this court to hear this case.

    “The law provides that an information in this charge can only be filed by the Attorney-General of the state and not the EFCC,”

    He therefore urged the court to quash the charges brought against his client by the anti-graft agency.

    But counsel to the EFCC, Mr S.A Atteh objected to the application.

    Atteh said that there was a judgment of the Court of Appeal upholding the right of the EFCC to prosecute the matter.

    The agency, he said, has responded by filing  a counter-affidavit dated  February 9, 2017 detailing its opposition.

    He prayed the court to allow the judgment of the Court of Appeal on whether the EFCC has a fiat to prosecute this case.

    “I urge the court to dismiss the application of the defence and call the defendant to take his plea,” he said.

    Justice Oyefeso has however adjourned the case to March 30 for ruling.

  • EFCC’s witness: Diezani ‘shared’ $115m to 36 beneficiaries

    EFCC’s witness: Diezani ‘shared’ $115m to 36 beneficiaries

    The Federal High Court in Lagos Monday heard that former Petroleum Resources Minister, Mrs. Diezani Alison-Madueke, allegedly shared $115,010,000 (about N37billion) to different individuals in 36 states.

    Among those who allegedly received the money were a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore and a former minister of National Planning Prof Abubakar Suleiman, the court heard.

    They allegedly received N450million in cash.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Belgore and Suleiman yesterday on an amended charge in which Mrs Alison-Madueke was included as a defendant.

    She was absent. EFCC said she was “at large”.

    The first prosecution witness, Mr. Timothy Olaobaju, a banker, said Mrs Alison-Madueke lodged the sum in a bank and gave instructions that it should be converted to naira and shared.

    Sulaiman had claimed in a statement after he was first arraigned on February 8 that the N450million was part of the People’s Democratic Party (PDP) campaign fund which came from oil marketers.

    He claimed the cash was part of voluntary donations made to the administration of ex-President Goodluck Jonathan by some undisclosed marketers.

    He also said neither him nor Belgore personally benefited from the money.

    Sulaiman made the clarifications against the backdrop of his arraignment, adding that EFCC had no business investigating private donations.

    But testifying before Justice Rilwan Aikawa, Olaobaju said the money came from Alison-Madueke.

    He was gave evidence after Belgore and Sulaiman pleaded not guilty to the amended five-count charge.

    Led in evidence by the EFCC prosecutor, Mr. Rotimi Oyedepo, the witness said in April 2014, the Managing Director of his bank gave a directive that certain companies and individuals would pay into an account with the bank.

    “The purpose of the payment was not disclosed. Over the period, thereafter, some amounts were paid into the account. The funds were deposited in dollars. The total sum was $115,010,000.

    “On the 27th of March, 2015, there was an instruction from the former Petroleum Resources Minister, Diezani Alison-Madueke, through our MD, that the fund in the account should be converted to naira and paid to certain individuals.

    “The funds were paid according to Alison-Madueke’s instructions.  The names of the defendants (Belgore and Sulaiman) were on the list sent to our branch. The money was paid in about 36 states of the federation,” the witness said.

    Olaobaju said although the defendants were not the bank’s customers, the instruction was that they should be paid.

    “The instruction was that the sum of N450million should be paid to Mr. Dele Belgore (SAN) and Prof. Abubakar Suleiman.

    “They both received the money and filled the Receipt of Payment as evidence of receipt of the money and acknowledgment of same.”

    Olaobaju said Belgore and Sulaiman signed separate receipts for the N450million on March 27, 2015. The receipts were admitted in evidence as Exhibits 1 and 1A.

    The witness said no cheque was issued in favour of Belgore and Sulaiman, nor was the money paid into any account.

    “To my knowledge, the N450million was not credited into any account,” he said.

    Sulaiman, a professor of Political Science and International Relations, and Belgore, a former governorship aspirant in Kwara State, were accused of conspiring between themselves to commit the offence on March 27, 2015.

    EFCC accused them of conspiring to directly take possession of the N450million, which they reasonably ought to have known forms part of the proceeds of an unlawful act.

    The commission said they committed the alleged offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

    In the second count, EFCC said they “directly took possession of the sum”; in the third count, the defedndants were accused of conspiring to make cash payment of N450million, which “exceeded the amount authorised by law without going through financial institution”.

    The alleged offence, EFCC said, is contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b) of the same Act.

    In the fourth and fifth counts, they were accused of making cash payment of N450million to one Sheriff Shagaya without going through a financial institution.

    The sum, the prosecution said, exceeded the amount authorised by law and is contrary to Section 1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 16(2)(b) of the same Act.

    Belgore and Suleiman pleaded not guilty to all the counts.

    Their trial continues Tuesday.

     

  • Bamaiyi: Ajudua challenges EFCC’s right to prosecute him over $4.8m fraud

    A one-time Lagos socialite, Fred Ajudua, on Monday in Lagos challenged the Economic and Financial Crimes Commission (EFCC) over a 4.8 million dollars fraud charge it slammed against him.

    Ajudua, who challenged the right of the commission to prosecute him for defrauding a former Chief of Army Staff, retired Lt.-Gen. Ishaya Bamaiyi, is also challenging the jurisdiction of an Ikeja High Court to try the case.

    The EFCC had accused Ajudua of defrauding Bamaiyi while both were in prison custody in 2004 for different offences.

    EFCC said Ajudua had approached Bamaiyi, who was facing trial for the attempted murder of Mr. Alex Ibru, the late publisher of the Guardian Newspaper, and convinced him that he could help to secure his freedom.

    According to the commission, Ajudua received 4.8 million dollars from Bamaiyi under the guise that the money was the legal fees for the law firm of Chief Afe Babalola and Co.

    Ronke Rosulu, a court registrar and Ajudua’s alleged accomplice, who helped him funneled the funds from the prison, was sentenced in a separate trial on Dec. 21, 2005 to 10 years in prison by Justice Lateef Lawal-Akapo.

    During Monday’s proceeding, counsel to Ajudua, Mr. Norrison Quakers, in an application dated Jan. 6 challenged the jurisdiction of the court to hear the case.

    He also urged the court to quash the charge brought against Ajudua by the EFCC.

    “We have filed an affidavit and a reply in points of law challenging the jurisdiction of this court to hear this case.

    “The law provides also provides that an information in this charge can only be filed by the Attorney-General of the state and not the EFCC,” he said.

    Responding, counsel to the EFCC, Mr. S.A. Atteh, said there was a judgment of the Court of Appeal upholding the right of the EFCC to prosecute the case.

    “We have filed a counter-affidavit dated Feb. 9 urging the court to allow the judgment of the Court of Appeal on whether the EFCC has a fiat to prosecute this case.

    “I urge the court to dismiss the application of the defence and call the defendant to take his plea,” he said.

    Justice Oyefeso adjourned the case to March 30 for ruling.

     

  • N450m fraud: EFCC amends charges against Belgore, joins Allison-Madueke

    There was a twist on Monday in Lagos in the ongoing trial of  Mohammed Belgore (SAN), and a former Minister of National Planning, Prof. Abubakar Sulaiman for alleged N450 million money laundering as the former Minister of Petroleum Resources, Diezani Allison-Madueke, was joined in the suit.

    The Economic and Financial Crimes Commission (EFCC) prosecutor had amended the five-count charge and joined Allison-Madueke, as an accused in the case at a Federal High Court, Lagos.

    The News Agency of Nigeria (NAN reports that Allison-Madueke was charged in absentia alongside a one-time governorship candidate of the People’s Democratic Party (PDP), Belgore and Sulaiman.

    Belgore and Sulaiman were first arraigned in February before Justice Mohammed Aikawa on a five-count charge bordering on money laundering.

    At the resumed trial of the two accused persons on Monday, the prosecutor, Mr. Rotimi Oyedepo, informed the court of an amended charge in which the name of Allison-Madueke had been joined as an accused.

    Allison-Madueke was, however, described as being “at large” in the new charge.

    Oyedepo then urged the court to allow the amended charge to be read over to Belgore and Sulaiman who were present in court for their pleas to be taken afresh.

    The application was not opposed by defence counsel as the court ordered the plea of the accused to be taken.

    The accused again entered a “not guilty” plea.

    Upon their plea, the prosecution called on its first witness, Mr. Timothy Olaobaju, a banker.

    Led in evidence by Oyedepo, the witness informed the court that sometime in April 2014, a cash lodgement of about 115 million dollars was made lodged into the account of Allison-Madueke.

    He said that subsequently on March 27, 2015, the accused issued payment instructions to convert the said sums into Naira, and paid to some beneficiaries including Belgore and Suleiman.

    He told the court that the duo received the sum of N450 million and filled the payment form to acknowledge receipt.

    The prosecutor tendered the form filled by the accused in evidence, urging the court to admit same as exhibit.

    Justice Aikawa admitted the form in evidence, and accordingly marked them as Exhibits 1 and 1a.

    Furthermore, the witness told the court no cheque was issued in respect of the funds, adding that the accused signed the form on March 26, 2015, while they received the money on March 27, 2015.

    Meanwhile, counsel representing the accused — Mr. B. O. Shofunde (SAN), and Chief O Ayanlaja (SAN) – urged the court to grant an adjournment to enable them cross-examine the witness.

    Consequently, the court adjourned the case to March 14 for cross-examination of the witness and continuation of trial.

    In the five counts, Allison-Madueke was alleged to have conspired with Belgore and Sulaiman on or about March 27, 2015, to directly take possession of the sum of N450 million which they reasonably ought to have known formed part of proceeds of unlawful act.

    The accused were also alleged to have taken the said funds in cash which exceeded the amount authorised by law without going through a financial institution.

    Belgore and Sulaiman were also alleged to have paid the sum of N50 million to one Sheriff Shagaya without going through any financial institution.

    The offences are said to have contravened the provisions of Sections 1(a), 15, 16(d) and 18 (a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

     

  • N4.7b fraud: Ladoja bought 22 cars to avoid impeachment – Witness

    N4.7b fraud: Ladoja bought 22 cars to avoid impeachment – Witness

    A witness of the Economic and Financial Crimes Commission (EFCC), Mr. Adewale Atanda, Thursday told the Federal High Court, Lagos, that former governor of Oyo State, Senator Rasheed Ladoja, bought 22 vehicles for the state’s lawmakers in 2005, to avoid being impeached.

    Atanda, a lawyer, said 14 of the vehicles were distributed among Ladoja’s loyalists in the Oyo House of Assembly, while the remaining eight were shared among his family members.

    Atanda said the 14 lawmakers were those whose loyalty Ladoja was sure of, out of the 22 he required to stop his impeachment.

    The House of Assembly, he noted, had 32 lawmakers and for Ladoja to have stopped his impeachment he needed the votes of 22, which was why he bought 22 cars.

    Atanda testified as the second prosecution witness before Justice Mohamed Idris in the trial of Ladoja and Mr Wahab Akanbi, a former Commissioner of Finance.

    The accused persons were re-arraigned last December on an eight-count charge bordering on the laundering of N4.7b contrary to Section 17(a) and punishable under Section 14(1) of the Money Laundering (Prohibition) Act, 2004.

    Led in evidence by EFCC prosecutor, Mr. Oluwafemi Olabisi, Atanda, who claimed to have met Ladoja in the year 2000 when he (Atanda) was vying for a senatorial seat on the platform of the same political party that Ladoja was then running for Oyo State Governor, stated how Ladoja’s administration encountered political difficulty after he become a governor.

    Atanda said: “Well, I don’t know exactly how it started but it appeared as if there was a rift between members of the Oyo State House of Assembly on one hand, some political actors in the state, like the late Alhaji Lamidi Adedibu and Senator Ladoja, and some other external influences from Abuja at the material time. Very many attempts were made to remove Senator Ladoja from office; various petitions were written and at the end of the day an impeachment process was set in motion.

    “Oyo State has about 32 members of the House of Assembly and to successfully impeach the governor, it would require two-thirds majority support of the members of the House of Assembly. That will be about 22 members.

    “In order to secure the loyalty of these 22 members of the House certain promises were made by different political actors. One of such was that loyal members would be given vehicles.

    “In the course of all these, I had discussion with Senator Ladoja and explained to him that it was important that that this promises be kept. At the material time, it was rather impossible to buy these vehicles because they were not included in the budget for the year, so, we started looking for alternative ways to accommodate the request.”

    He said he eventually obtained a loan of N80m from Wema Bank with his personal assets to assist Ladoja, who was his political associate.

    “The vehicles were bought and collected from the various dealers by the drivers of the Oyo State Government and delivered to the Government House in Ibadan. In spite of this, I think, by December 2005, the governor was impeached from office.”

    After the impeachment, Atanda said Ladoja and his allies, including the 14 lawmakers loyal to him fled and regrouped in Lagos, where Ladoja continued to take responsibility for the welfare of the lawmakers, who demanded to be paid a monthly income of N1m each after their salaries and allowances had been stopped.

    Ladoja, he added, also assembled a team of lawyers, who increased their fees from N50 million to N370 million, before they agreed to challenge the impeachment up to the Supreme Court.

    Justice Idris adjourned till March 27, 2017 for Atanda to continue his testimony.

     

  • Don’t unfreeze Ozekhome’s N75m, EFCC tells judge

    Don’t unfreeze Ozekhome’s N75m, EFCC tells judge

    The Economic and Financial Crimes Commission (EFCC) has asked Justice Abdulaziz Anka of the Federal High Court, Lagos to reject Chief Mike Ozekhome (SAN)’s bid to unfreeze his Guaranty Trust Bank (GTB) account which has a balance of N75m.

    It stated this Thursday in a counter-affidavit it filed in opposition to Ozekhome’s application.

    Justice Anna froze the account on February 7, following an ex-parte application from the EFCC claiming that the N75m deposited into the account last December 15, was suspected to be proceeds of crime.

    He ordered Ozekhome to forfeit the money for 120 days pending investigation by the EFCC.

    Ozekhome is the counsel for the Governor of Ekiti State, Mr Ayodele Fayose, whose accounts have been frozen by the EFCC for alleged money laundering.

    The EFCC claimed that the money, which was paid to Ozekhome as legal fee by Fayose, was part of the N2.26billion arms procurement fund, which a former National Security Adviser, Col. Sambo Dasuki (retd.), allegedly looted.

    Obanikoro
    Obanikoro

    It claimed that Dasuki routed N1.22bn out of the N2.26bn, to Fayose through a former Minister of State for Defence, Musiliu Obanikoro.

    But the lawyer approached the court stating that the EFCC misrepresented facts to obtain the order and urged Justice Anka to lift the order.

    The SAN contended that the EFCC’s action was unconstitutional, had no legal justification and was a gross violation of sections 36, 37 and 41 of the 1999 Constitution.

    But in Wednesday’s counter affidavit deposed to by EFCC counsel, Idris Mohammed, the commission stated that Fayose was aware that Justice Mohammed Idris of the Federal High Court had placed a temporary restriction on his account, but the governor, through Ozekhome, went before Justice Taiwo Taiwo of the Ado Ekiti Division of the Federal High Court to obtain an order to unfreeze the account.

    The prosecutor said even though Fayose was aware that the commission immediately appealed Justice Taiwo’s ruling, the governor still went ahead to dissipate part of the contentious funds, paying N75m to Ozekhome who helped him to secure Justice Taiwo’s unfreezing order.

    The EFCC claimed that Ozekhome ought to have “reasonably known that the N75m was transferred to him” from Fayose’s account, which the EFCC claimed was used to retain proceeds of crime and alleged kickbacks from some contractors in Ekiti State.

    It urged Justice Anka not to unfreeze Ozekhome’s account.

    Justice Anka adjourned till March 7, for hearing.

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