The Federal High Court in Lagos Friday heard that a former Joint Task Force (JTF) commander Major-General Emmanuel Atewe allegedly donated N35million to a church.
The Economic and Financial Crimes Commission (EFCC) alleged that the money was part of N19.7billion fraudulent diverted by the defendants.
An EFCC witness, Ahidjo Ikem, said the money was donated to the Living Faith Church.
Ikem is the Managing Director of five companies charged with Atewe.
They are standing trial along with former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Dr. Patrick Akpolobokemi, Kime Engonzu and Josephine Otuaga.
They were arraigned on an amended 22 count-charge with Jaggan Limited, Jaggan Trading Company Limited, Jaggan Global Services Limited, Al-Nald Limited, Paper Warehouse Limited, Eastpoint Integrated Services Limited and De-Newlink Integrated Services Limited.
Testifying before Justice Ayokunle Faji, the witness said Atewe laundered N4.9billion using the five companies.
Ikem said he came in contact Atewe at the Villa Church where they both worship, when the JTF Commander was the Guard Brigade Commander.
He said between July and September 2014, Atewe became the JTF Commander and invited him to Balyesa State.
He said Atewe told him that he had been give a contract by the Federal Government for the maintenance of security and building of barracks.
He said Atewe asked him if he had a company, as the money for the contract would be paid into its account. He said he gave Atewe the account details of the five companies.
Ikem said his companies had no contractual agreement with JTF, neither was he a registered contractor nor supplied any goods or rendered any service to JTF.
The witness said three days after his visit to Balyesa, he received alerts.
He said when Atewe came to Abuja, he met him at Niger Barracks, where he was introduced to Engonzu (the third accused person), and said any money he received should be handed over to him.
Ikem said he received N4.9billion, which he changed to $21,500,000 USD, from a Bureau De Change (BDC) operator named Jimoh.
He said he handed the money to Engozu.
The witness said he collected $950, 000 USD from one Chijioke, who is also a good friend of Atewe and gave it to Engozu.
According to the witness, N4.1billion was converted to dollars out of N4, 915,163,103; the remaining balance was given to some companies and a church on Atewe’s orders.
He said N35 million was paid to Living Faith Church, N103 million was paid to INP Limited, N107 million to First Investment Limited, while Lord Firm Limited, Ocean Gas, and Sisco Nobort were paid N99 million, N88 million and N297 million.
The Nigeria Governors Forum (NGF) on Wednesday night said that governors are ready to take on the Economic and Financial Crimes Commission (EFCC) which is investigating possible diversion of the refund made to states from the excess charges of Paris Club.
Chairman of the NGF and Zamfara state governor, Abdulaziz Yari, spoke with State House correspondents at the end of the Forum’s meeting at the Presidential Villa, Abuja.
He said that governors would be waiting to see what the anti-graft agency would come up with.
It was reported last week that the NGF may have used fictitious consultants to divert some of the money from Paris Club which had attracted the attention of the EFCC.
Worried by the development, the Presidency had ordered a full scale investigation into the disbursement of the funds.
Insisting that the governors were ready for the EFCC probe, he expressed governors’ support for the present administration’s war against corruption, noting that they would wait for the outcome of the EFCC’s investigation.
He said: “We discussed the issue of Paris Club and London Club. We observed that EFCC said it is doing investigations. Yeah, we support the federal government for fighting corruption.
“We are waiting for the EFCC to come up with what they say is the investigation and come up with the result.”
The Presidency had ordered the investigation because it was angry that what it had meant to be a good gesture had been compromised by selfish interests.
Top Presidency source had disclosed that the federal government was worried that its efforts to ensure the settlement of pension and salaries owed to workers in the states was being sabotaged by likely diversion of the funds earmarked for the purpose.
It therefore expressed its determination to get to the bottom of the matter and consequently ordered relevant agencies to carry out a full scale probe to unravel any abuse the fund might have been subjected to.
Some of the reports also showed that the governors were spoiling for war with the acting Chairman of the EFCC, Ibrahim Magu, over the decision of the EFCC to investigate alleged diversion of the money.
The reports suggested that the EFCC may have questioned the Director General of the Nigeria Governors Forum (NGF), Asishana Okauru, over the use of the possible diversion of funds by state governors as it was believed that the governors may have paid the money to phoney companies.
The reports also fingered the Senate President, Bukola Saraki over the abuse of the funds.
But the governors were said to be fighting back over what they claimed was the unnecessary harassment of members and officials of the NGF.
The EFCC itself has denied that it indicted the 36 state governors and Senate President, Bukola Saraki for allegedly pocketing large slices of the Paris loan refund.
A media report on an online medium had alleged that the governors’ forum championed a five percent deduction of the funds paid to the states whereby some governors got about N400 million while Saraki got N2.5billion.
In the report, the EFCC was said to have been informed by Okauru that he transferred money to individual governors, through the NGF, though he failed to write an official statement to this effect.
Apparently reacting to the report, EFCC in a statement on its twitter handle, @officialEFCC, said that though investigation was ongoing on the reimbursement paid to state governments for excess Paris club deduction, it was yet to indict any governor or Senate President so far.
The EFCC said the investigation remained at a preliminary stage, chiding insinuations of attempting to cover up for some of the officials of the commission.
The commission said that it would brief the public of the results of its investigation as at when due.
The statement read, “The attention of the Economic and Financial Crimes Commission, EFCC has been drawn to a report captioned, Nigerian State Governors, Senate President Saraki Pocketed Billions of Naira from Paris Loan Refund, which appeared in the online news portal, Sahara Reporters on Sunday February 12, 2017.”
“The report among others claimed that the Commission has indicted all the governors of the 36 states of the Federation and the Senate President, Bukola Saraki in the ongoing investigation of the reimbursement paid to state governments by the Federal Government for excessive deduction charged to them on account of the Paris Club and other international loans.”
“The Commission wishes to state unequivocally, that no state governor or Senate President has been indicted so far by the investigation which is still.”
The Federal High Court in Abuja has been asked to disqualify Senate President, Bukola Saraki and 10 other Senators being prosecuted and investigated by the Economic and Financial Crimes Commission (EFCC) from participating in the process leading to the confirmation of Ibarhim Magu as Chairman of the EFCC.
The request formed part of prayers contained in a suit marked: FHC/ABJ/CS/102/2017 filed in Abuja on Monday by a lawyer, Raji Rasheed Oyewumi.
Other Senators named in the suit with Saraki, as defendants, include Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwankwanso, Ahmed Sani, Danjuma Goje, Joshua Dariye and Adamu Abdullahi.
Also listed as defendants are the Clerk of the National Assembly, the Senate, the Attorney General of the Federation and Magu.
The plaintiff’s contention is to the effect that, since the Senators are either being tried or investigated for economic and financial crimes in various courts and tribunals by the EFCC under the leadership of Magu, he (Magu) will not be afforded fair
Senate President, Bukola Saraki
hearing by the Senate headed by Saraki.
Oyewumi stated, in a supporting affidavit, that Saraki exhibited bias against the confirmation of Magu when he (Saraki) failed to read the letter of the Acting President, Yemi Osinbajo, seeking the confirmation of Magu, on the floor of the Senate until July 14, 2016 even when he got the letter on June 17, 2016.
He said, in further manifestation of their bias and conflicting interest in the nomination of the 15th defendant (Magu) the 1st defendant (Saraki) together with 2nd to 11 defendants (other named Senators) did not consider the 15th defendant’s nomination until December 15, 2016 when they rejected Magu’s nomination six months after the letter was read on the floor.
The plaintiff said the Senators flouted the Senate Standing Orders when they acted on the letter by rejecting Magu’s nomination without first, referring Magu to the appropriate committee of the 13th defendant (Senate), an executive or closed session instead of an open session.
He added that unlike when he recused himself from the proceedings leading to the passage of the Bill for the amendment of the Code of Conduct Bureau and Tribunal Act on October 27, 2016, because of his ongoing prosecution at the CCT, Saraki failed to recuse himself when the Senate was considering the confirmation of Magu.
Senator Godswill Akpabio
The plaintiff identified some of the cases against the Senators, which Magu and his EFCC are currently handling.
“The 1st defendant (Saraki) was investigated by the 15th defendant on an allegation of false declaration of assets which culminated in the 1ts defendant’s arraignment and ongoing prosecution at the CCT in charge No: CCT/ABJ/01/2015, and a prime prosecution witness in the trial, Michael Wetkas is an officer of the EFCC.
He said the 2nd defendant (Akpabio) was being investigated by the EFCC over the allegation of abuse of office, diversion of public funds and embezzlement in relation to a petition by a lawyer, Leo Ekpeyong.
The plaintiff said the 3rd defendant, (Jang) was being investigated by Magu’s EFCC for allegedly awarding various contracts running into several billions of naira without due process and allegedly diverting N2billion Small and medium Scale Enterprises loan given by the Central Bank of Nigeria (CBN) during his tenure.
The reliefs being sought by the plaintiffs are:
*A declaration that the 1st defendant is disqualified by the Constitution of the Federal Republic of Nigeria 1999 (as amended) from presiding over or participating in the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of the EFCC due to the apparent conflict of interest arising from the 15th defendant’s active role in his ongoing trial at the CCT.
*A declaration that the 2nd to 11th defendants are jointly and severally disqualified by the Constitution and the Senate Standing Order 2015 (as amended) from participating In the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of EFCC due to the apparent conflict of interest arising from their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.
*A declaration that the 1st to 13th defendants jointly and severally violated the Senate Standing Order 2015 9as amended)n when they participated in the screening, deliberation and voting on the first or earlier nomination of the 15th defendant in the 13th defendant on the 15th day of December 2016 by not declaring their pecuniary interests in view of their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.
*A declaration that the first and earlier rejection of the nomination of the 15th defendant for the position of Chairman of EFCC on the 15th day of December 2016 without first referring the 15th defendant to the appropriate committee of the 13th defendant and at an executive or closed session instead of an open session, is illegal, null, void and of no effect whatsoever.
*A declaration that the 15th defendant is entitled to be accorded fair hearing by the 1st to the 13th defendant during screening, deliberation and voting in the senate of the Federal Republic of Nigeria on his nomination for the position of Chairman of the EFCC.
*An order of injunction restraining the 1st defendant from presiding over or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.
*An order of injunction restraining the 2nd to 11th defendants from or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.
The case is yet to be assigned to any judge for hearing.
A defence witness, Mr Olasunkanmi Adefowope, has told an Ikeja high court how he was paid to give evidence in court in the trial of the former Managing Director of the defunct Finbank Plc, Mr Okey Nwosu.
The defence witness was under cross examination by counsel to the Economic and Financial Crimes Commission (EFCC), Mr Rotimi Jacobs at the opening of defence before the court presided by Justice Lateefa Okunnu.
Adefowope said he only knew the defendants a few days ago and not when they were in the bank. “I knew the defendants only three days ago. I didn’t know them when they were directors in Finbank. I met them in their lawyer’s office. I wasn’t here by order of the court. The lawyers paid for my appearance, I was told to shed some light on the activities of the capital market”, he said.
The EFCC had arraigned Nwosu before the court alongside three former directors of the bank, Dayo Famoroti, Danjuma Ocholi and Agnes Ebubedike.
They are facing a 26-count charge bordering on N10.9 billion fraud preferred against them by the commission.
Adefowope, a stockbroker further admitted to the court that he has never worked in a bank but a subsidiary of a bank”.
“We practice what is called Know Your Customer (KYC) as a stock broker. This is to ensure that money that is intended to be used to purchase shares is not obtained through fraud.
“In instances where I have noticed suspicious share activity, I report the activities to the Securities and Exchange Commission (SEC) and not the EFCC,” he said.
Former head of Human Resources of Finbank, Mr Bede Alugbue, who was second defence witness explained to the court that staff were always offered incentives during share offer.
Led in evidence by Mr N.K Oragbwu, one of the defence counsels, Alugbue told the court that that there was the Staff Share Trust Scheme from which incentives are given to staff.
This, he said, was intended to make them part owners of the bank through the purchase of shares.
“There was a board approval for these loans which I was aware of by virtue of my position as the head of human resources at the bank.
“The Board Share Incentive Scheme started in 2008 at the same time as the staff scheme, members of the board approved it.
Alugbue hoeever denied having a close relationship with Nwosu under cross examination by EFCC prosecutors.
“I was not very close to the first defendant when we were working in the bank, I have not even seen himin five yearsneither have I spoken to him since we worked at FinBank from 2006 to 2009.
“I do not know the nature of the charges that Mr Nwosu is facing in court, one of the lawyers called me and told me that my name came up during the course of discussions,” he insisted.
The witness also said he had no knowledge of six companies allegedly linked to the defendants and said to have been used to perpetrate the fraud.
Mr Lanre Ogunlesi, counsel to third defendant, Ocholi, who also led the witness in evidence, told the court that his client has repaid the loans he took to purchase the shares of the bank before ye left service.
He presented to the bank a letter dated March 11, 2014 and signed by one Felicia Okozuwa, which he said was proof of his submission to the court.
The defence witness however denied knowledge of the letter.
“I don’t know how the letter was obtained, I can’t verify if Felicia signed the letter because I am not a signature expert.
Lead defence counsel to Nwosu, Mr Anthony Idigbe (SAN) again told the court that the defence was still having difficulty obtaining documents necessary for the trial.
“My Lord, the first defendant has not had access to documents with subpoenas issued by the court.
According to him, the bank it would need two months for the documents to be ready.
Idigbe therefore asked the court for an adjournment toMarch 29for them to source the documents from the bank.
Justice Lateefa Okunnu granted his request and adjourned the matter toMarch 29for continuation of trial.
The trial of former Oyo State Governor Rashidi Ladoja was aborted Tuesday after Justice Mohammed Idris of the Federal High Court in Lagos insisted that the Economic and Financial Crimes Commission (EFCC) must comply with the law.
Eight years after he was first arraigned, 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.
Prosecution counsel Femi Olabisi called his first witness, an EFCC investigator, Abdullahi Lawal.
As the operative was about to begin his testimony, Ladoja’s lawyer Bolaji Onilenle and Akanbi’s lawyer Adeyinka Olumide-Fusika objected to Lawal’s testimony on the basis that he was not listed as a prosecution witness.
Onilenle said: “His name is not on the list of witnesses. We’re being taken by surprise. Section 379 of the Administration of Criminal Justice Act 2015 mandates the prosecution to make a list of witnesses available to defendants.”
Olumide-Fusika also objected for the same reasons, saying they had no idea what the witness was going to say and was not prepared to cross-examine him.
“EFCC ought to be ready before bringing us to court, not to start putting their house in order after arraignment. They must be ready before arraignment,” he said.
Olabisi, who apologised for the commission’s lack of adequate preparation, said the case was prepared before the ACJA came into effect.
He sought for more time to “put his house in order”, including getting his witnesses to prepare their statements.
He asked that the dates previously fixed for the trial, including today and tomorrow, be vacated so he could have more time to prepare.
Adebisi said some of his witnesses were in Abuja, Kaduna and Port Harcourt, so he would need enough time to prepare their witness statements.
Although the defence counsel said Lawal could go on to testify to save time while EFCC updates its list of witnesses later, Justice Mohammed Idris said it would be better for the prosecution to comply with the law.
He said: “Section 379 is mandatory. We’ll go with speed but in accordance with the law. Let’s do it within the ambit of the law. Let’s not overlook the issue and proceed.
“The prosecution should ensure that a summary of the issues and list of witnesses are made available to the defence before trial commences.”
Ladoja was first arraigned before Justice A.R. Mohammed in 2008, but he objected to the charge.
He subsequently obtained a stay of proceedings after filing an interlocutory appeal, which was dismissed by the Supreme Court.
The EFCC accused Ladoja and Akanbi of converting N1,932,940,032.48 belonging to Oyo to their personal use through the Guaranty Trust Bank account of a company, Heritage Apartments Limited despite knowing that it was proceed of crime.
The prosecution said Ladoja removed £600,000 (about N240, 219,945) from the state coffers in 2007 and sent it to Bimpe Ladoja in London.
Ladoja also allegedly bought an armoured Land Cruiser jeep with N42million for himself using public funds.
EFCC said he converted N728, 600,000 and another N77,850,000 at different times in 2007, and allegedly transferred N77, 850,000 to Bistrum Investments, which he nominated to help him purchase a property named Quarter 361 in Ibadan, Oyo State capital.
The alleged offence contravenes sections 17(a) and18 (1) of the Money Laundering (Prohibition) Act, 2004, punishable under sections 14(1), 16(a) (b) and 18(2).
The Code of Conduct Bureau (CCB) has insisted that it discovered discrepancies in the asset declaration forms submitted to it by the Senate President, Dr Bukola Saraki.
CCB’s senior official, Samuel Madojemu, who said this on Wednesday, disclosed that investigation revealed that Saraki failed to declare some assets contrary to the requirement of the Code of Conduct Bureau and Tribunal (CCB/T) Act.
Madojemu, who is Head, Intelligence Unit of the CCB, spoke while testifying as the 3rdprosecution witness at the resumption of Saraki’s trial for false assets declaration before the Code of Conduct Tribunal (CCT).
The witness also identified true copies of the asset declaration forms submitted to the CCB by Saraki. He confirmed them to be the same with the certified true copies (CTC) earlier tendered by the prosecution, which the defence claimed were fake.
Led in evidence by the lead prosecution witness, Rotimi Jacobs (SAN), Madojemusaid the Senate President declined to declare a property on 15 MacDonald Ikoyi in Lagos State which he allegedly acquired with N3000 million through Tiny-Tee, a company he also refused to declare at the end of his tenure as Kwara governor.
The witness, who came to the tribunal with certified true copies of Saraki’s assets declaration forms from 2003 to 2015, said he was part of the team that investigated Saraki’s case.
He disclosed that his team of investigators, which comprised intelligence officials from the Economic and Financial Crimes Commission (EFCC) and CCB.
Madujemu said: “One of the discrepancies we discovered has to do with false declaration and non-declaration of some assets and liabilities.
“MacDonald 15 was acquired at Ikoyi in Lagos in 2006, but it was not declared in the defendant’s end of tenure declaration form as governor,” the witness said.
At that point, the lead defence lawyer, Kanu Agabi protested the continuation of trial on the existing 16-count charge when the prosecution had already filed an amended one of 18 counts.
He sought for an adjournment to enable the defence study the new charge, a request Jacobs objected to, insisting that Saraki is made to plead to the new charge immediately to prevent a delay in proceedings.
Ruling, Tribunal Chairman, Danladi Umar held in favour of the defence. He agreed with Agabi that the defence required time to study the new charge and prepare its defence.
He adjourned toFebruary 23for Saraki’s re-arraignment and continuation of trial.
The latest amendment to the charge against Saraki makes it the third time the prosecution would be effecting the amendment to its charge sine the case commenced in 2015. At inception, the charge had 13 counts, it was raised to16 counts, and now 18.
Mr. Michael Lana, the defence counsel to the fifth accused person in the alleged N8 billion CBN currency scam case, Festus Adeyemi, on Wednesday asked the trial judge to disqualify herself from the case.
Lana had filed an application, which was yet to be argued and ruled upon, asking Justice Joyce Abdulmaleek to disqualify herself as the trial judge because he no longer had confidence in her.
But Mr Adebisi Adeniyi, the counsel to the Economic and Financial Crimes Commission (EFCC), expressed surprise at the attitude of the defence counsel in accusing the judge of bias.
He added that it was astonishing that Lana who should work toward an accelerated trial was now “employing delay tactics.’’
Abdulmaleek adjourned the matter till Feb. 17 for hearing and ruling on the application.
The News Agency of Nigeria (NAN) recalls that Lana had alleged that the EFCC was being treated as if it was in control of the court in the case.
Lana had also alleged that an EFCC officer had attempted to compel his client to opt for plea bargain.
NAN reports that Kolawole Babalola, Muniru Olaniran, Kayode Togun, Isaac Akao, Festus Adeyemi, Akeem Oyebamiji, Ayodeji Alese and Sunday Ajuwe along with others had since 2015 been standing trial.
They had been charged for multiple offences bordering on conspiracy, forgery, conversion, stealing and recirculation of mutilated currencies at the Ibadan branch of Central Bank of Nigeria.
The Economic and Financial Crimes Commission (EFCC) Wednesday arraigned a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore at the Federal High Court in Lagos for alleged money laundering.
He was arraigned along with a former minister of National Planning Prof Abubakar Suleiman before Justice Mohammed Aikawa on a five-count charge.
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 on March 27, 2015 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 defendants 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.
The SAN’s lawyer, Mr Ebun Shofunde (SAN), prayed the court to grant the first defendant bail on self-recognition.
“Given his antecedents, I am asking that bail be on self-recognisance because he has always made himself available while on administrative bail.
“He has being a Senior Advocate of Nigeria since 2001. He is not a threat and not likely to jump bail given his standing. He has also being a lawyer since 1985,” he said.
Sulieman’s lawyer Chief Bolaji Ayorinde (SAN) also prayed the court to grant the former minister bail on self-recognition.
“He is a renowned educationist, a professor of political science and international relations at the University of Abuja.
“He has served this country as a minister in 2014. He has been involved in teaching and research for the past 30 years. He has graduated more than 10,000 students.
“He voluntarily submitted himself to EFCC and never contravened the terms of his administrative bail.
“I urge your lordship to grant him bail on self-recognition,” he said.
EFCC’s lawyer Rotimi Oyedepo did not oppose the bail applications.
He said: “We leave bail at your lordship’s discretion and pray that your lordship should impose conditions that will compel their attendance in court for trial,” he said.
Ruling, Justice Aikawa granted the defendants bail on self-recognition.
He said since the prosecution did not oppose the application, and considering the defendants’ standing in the society, “they will not likely jump bail.”
“However, their international passports must be deposited with the Deputy Chief Registrar of this court and can only be released on court order,” the judge said.
The Economic and Financial Crimes Commission (EFCC) Friday re-arraigned former Commander of the Joint Task Force, Operation Pulo Shield Maj. Gen. Emmanuel Atewe for alleged N8.5billion fraud.
Atewe was charged along with former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Patrick Akpobolokemi.
The prosecution, which also named Kime Engozu and Josephine Otuga in the charge, said NIMASA, under Akpobolokemi, approved billions of naira to several military personnel, who were purportedly engaged to patrol the creeks to prevent pipeline vandalism and illegal bunkering.
The funds, EFCC said, were allegedly diverted to private accounts through fraudulent means.
The anti-graft agency alleged that the defendants conspired among themselves to defraud NIMASA of N8.5billion using six companies – Jagan Limited, Jagan Trading Company Limited, Jagan Global Services Limited, Al-Nald Limited, Paper Warehouse Limited, Eastpoint Integrated Services Limited and De-Newlink Integrated Services Limited.
They pleaded not guilty.
Their re-arraignment was sequel to the transfer of the former trial judge, Justice Saliu Saidu, from Lagos to the Port Harcourt division.
The accused were re-arraigned before a new judge, Justice A.O Faji, and their pleas taken afresh.
After their re-arraignment, defence counsel prayed the court to allow the defendants continue on the earlier bail granted by the previous judge.
Atewe, Engozu and Otuaga were each granted N100million bail each with two sureties in like sum by Justice Saidu.
One of the sureties, the judge said, must be a relative and must own a landed property within Ikoyi, Lekki or Victoria Island.
The other surety must be a civil servant not below a Deputy Director in either the state or Federal Civil Service.
He ordered all the defendants to deposit their International Passport with the court’s Chief Registrar until trial is concluded.
Justice Faji upheld the bail conditions.
One of the counts reads in part: “That you, Patrick Ziadeke Akpobolokemi, Major-General Emmanuel Atewe, Kime Engozu and Josphine Otuaga, sometime in 2014, in Lagos, within the jurisdiction of this court, with intent to defraud, conspired amongst yourselves to commit an offence, to wit: Conversion of the sum of N8,537,586,798.58, property of NIMASA and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) of the same Act.”
Justice Faji adjourned till February 13 and 17 for trial.
The Economic and Financial Crimes Commission (EFCC) on Friday re-arraigned before a Federal High Court, Lagos, a former Joint Task Force (JTF) commander, Maj. Gen. Emmanuel Atewe, and three others over N8.5 billion fraud.
Atewe is charged alongside Patrick Akpobolokemi, a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) and two other staff — Kime Engonzu and Josephine Otuaga.
The accused are standing trial on an amended 22-count charge bordering on fraud.
Their re-arraignment was a sequel to the transfer of the former trial judge, Justice Saliu Saidu from Lagos to the Port Harcourt Division of the Federal High court.
The News Agency of Nigeria (NAN) reports that the plea of the accused was taken afresh before the new judge, Justice A.O Faji.
Defence counsel urged the court to allow the accused to continue on the earlier bail granted by the previous judge.
Based on the applications of the counsel, the judge ruled that the accused should continue on their bails.
At the last adjourned date, the EFCC had examined a prosecution witness, Mr Adamu Yusuf, who told the court how the accused converted about N4.9 billion to dollars.
Yusuf said the accused used different companies and accounts to launder billions of money from the account of the Joint Task Force Operation.
The witness further testified that during the investigation, letters of request were sent to GTbank, Heritage Bank, Diamond Bank, Stanbic-IBTC Bank, as well as First City Monument Bank (FCMB) demanding the account statements of beneficiaries of the account.
The anti-graft agency had alleged that the accused conspired to defraud NIMASA of N8.5 billion using six companies, namely — Jagan Ltd, Jagan Trading Company Ltd, Jagan Global Services Ltd, Al-Nald Ltd, Paper Warehouse Ltd, Eastpoint Integrated Services Ltd and De-Newlink Integrated Services Ltd.
The EFCC claimed that the accused committed the fraud between Sept. 5, 2014, and May 20, 2015, in contravention of Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and Section 390 of the Criminal Code Act, Laws of the Federation, 2004.
The court has fixed Feb. 13 and Feb. 17 for the commencement of trial.
