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Tag: Economic and Financial Crimes Commission (EFCC)

  • N1.767b fraud: Trial stalled as witness alleges poisoning

    N1.767b fraud: Trial stalled as witness alleges poisoning

    A Lagos State High Court in Igbosere, Tuesday adjourned a N1.767 billion fraud suit filed against a former non-executive director of outdoor advertising firm, Afromedia, Mohammed Gobir, due to the prosecution witness’ ill health.

    Justice Raliat Adebiyi rescheduled cross examination of the Economic and Financial Crimes Commission (EFCC) first witness, Akinlola Olapade, till June 16, after prosecutor, Mr. A.B.C. Ozioko, told the court that the witness may have suffered food poisoning.

    Ozioko said Olapade called him yesterday morning and explained that he was gravely ill.
    “He said he suddenly took ill and wasn’t able to sleep throughout the night till daybreak. He suspects food poisoning,” Ozioko informed the court.

    Olopade, he added, had been taken to hospital.

    Ozioko’s prayer for an adjournment was not opposed by defence counsel, Bolaji Ayorinde (SAN), but the learned Silk applied that the defendant, Gobir, be allowed the use of his international passport.

    “The defendant is hampered in his movement, he’s a businessman and his business is suffering. I apply that he be allowed to make use of his passport,” Ayorinde said.

    Gobir, 55, is accused of fraudulently obtaining $3,500,000 (N696, 675,000); N514, 457,151.87; $2,102,740 (N418, 171,903.80); N123 million and £51,000 (N14, 667,898.25) totalling N1.767b from Afromedia.

    He is facing a 17-count charge bordering on obtaining money by false pretence, stealing, fraud, use of forged documents, and possession of forged documents preferred against him by the Commission.

    Olopade, Afromedia’s Group Managing Director (GMD), alleged on Monday, that Gobir obtained the money from the firm in various currencies by false pretence.

  • ‘Saraki made anticipatory asset declaration’- witness

    ‘Saraki made anticipatory asset declaration’- witness

    A witness of the Economic and Financial Crimes Commission (EFCC), Michael Wetkas, on Tuesday admitted that Senate President Bukola Saraki, made anticipatory asset declaration.

    Saraki is standing on a 16-count charge bordering on alleged false asset declaration and money laundering, which he pleaded not guilty.

    Wetkas made the admission under cross examination by Saraki’s Counsel, Paul Erokoro (SAN) at the Code of Conduct Tribunal.

    “Based on the strength of the documents we have tendered, I agree that the defendant made an anticipatory asset declaration until proven otherwise,” he said.

    He further testified that during investigation “we discovered N1.5 million in the defendant’s wife account in Ecobank.

    The witness said that N1.1million was discovered in same bank account with the name of Seni Saraki and Toyin Saraki.

    Wetkas said that Saraki declared that he had cars worth N263.4 million before he became governor of Kwara.

    The analysis of the defendant’s cars revealed the “Saraki has Mercedes Benz S320 valued N16million, Mercedes Benz S500 valued N20 million and Mercedes Benz G500 valued six million naira.

    Others were Mercedes Benz V220 valued two million naira, Ferari 456GT valued N25million and Lincoln Navigator Jeep valued N15 million.

    Also in the list were Mercedes Benz ML280 valued N8.5million, Peugeot 406 valued N2.9million, Mercedes Benz CLK320 valued nine million naira and Mercedes Benz E320 valued N11million.

    The others were Mercedes Benz G500 valued N45million, Mercedes Benz S500 valued N30 million, Lexus Jeep valued N30 million and Lincoln Navigator worth N25million.

    He also read in the exhibit that Saraki had assets worth over four billion naira both in properties and the cars.

    He, however, said that property No. 15, Macdonald Street Ikoyi, Lagos, was sold to Saraki’s company Skyview Properties Limited which was not captured in his Asset Declaration Form.

    He further testified that Saraki bought property No. 15A and 15B Macdonald Street Ikoyi, Lagos, in 2000 through his company Tiny Tee Limited.

    He said that the purchase violate the rules of the implementation committee on the sale of Federal Government property which suggested one person per one property.

    He said the committee when contacted informed the EFCC that only property No. 15, Macdonald Street, Ikoyi, Lagos, was sold to Skyview limited.

    The tribunal Chairman, Justice Danladi Umar, adjourned further proceeding till May 11.

  • How ex-director defrauded advert giant of N1.767b – Witness

    How ex-director defrauded advert giant of N1.767b – Witness

    An Economic and Financial Crimes Commission (EFCC) witness, Akinlola Olapade, Monday told an Igbosere High Court, Lagos, that Mohammed Gobir, an ex non-executive director of Outdoor Advertising Company, Afromedia, defrauded the firm of N1.767 billion.

    Olapade, Afromedia’s Group Managing Director (GMD), testified Monday as the first prosecution witness before Justice Raliat Adebiyi that Gobir obtained the money from the firm in various currencies by false pretence.

    Kwara State-born Gobir, 55, is accused of fraudulently obtaining $3,500,000 (N696, 675,000); N514, 457,151.87; $2,102,740 (N418, 171,903.80); N123 million and £51,000 (N14, 667,898.25) totalling N1.767b.

    He is facing a 17-count charge bordering on obtaining money under false pretence, stealing, fraud, use of forged documents, and possession of forged documents preferred against him by the Commission.

    Led in evidence by Mr. A.B.C. Ozioko, Olopade testified that Gobir was introduced to Afromedia sometime in 2008 through their Private Placement Consultants, Synergy Capital Advisory Limited, as a high net-worth investor willing to inject N1 billion into the company through the acquisition of shares.

    And based on the defendant’s touted pedigree, he was made chairman Business Development Committee (BDC) of Afromedia’s board of directors.

    According to the witness, the defendant allegedly used the position to defraud the firm.

    “Having earned the trust of the company, Gobir started demanding large sums of money which he termed as consultancy fees to international consultants, Royal Exchange Bureau, in the United Kingdom in order to facilitate and secure investments from a UK-based bank.

    “The company gave Gobir the sum of $1,000,000 in cash and also paid for his travel expenses on a first class return ticket to UK where he would meet with the purported investors, which investigation later revealed never existed nor was the meetings ever held,” the witness told the court.

    The defendant, Olopade added, claimed that his $250,000,000, £250,00,000 and 250,000,000 Euros was frozen in London, and he needed to unfreeze it with $3,817,000 through a European Union Money Laundering Waiver Certificate.

    However, after obtaining part of the money from Afromedia, Gobir allegedly presented a certificate that was confirmed by Trinity Solicitors in the United Kingdom, to be a forgery.

    Olopade alleged that after obtaining other sums from Afromedia, the defendant sought to evade meeting with the firm, until his arrest by the anti-graft agency.
    “We have electronic recordings of every meeting we had with him,” Olapade added.
    The testimony of the witness will continue Tuesday.

  • Money laundering: Ex- Kogi lawmaker jailed two years

    Money laundering: Ex- Kogi lawmaker jailed two years

    A former lawmaker in the Kogi State House of Assembly, from Ogori/Magongo Mr. Gabriel Daudu was Monday sentenced to two years in prison by a Federal High Court sitting in Lokoja for money laundering.

    Justice Inyang Ekwo, found him guilty on 77 out of the 208 counts pressed against him by the Economic and Financial Crimes Commission (EFCC).

    The charges brought against him by the EFCC bordered on conspiracy, advanced fee fraud and money laundering involving about N1.4 billion.

    But while Daudu was convicted on 77 counts and sentenced to two years on each count to run concurrently, Justice Ekwo, however, discharged and acquitted Albert Soje Adesina, a retired Army major, who served as majority leader of the Kogi State house of assembly between 2007 and 2011 on the one-count charged brought against him.

    Daudu’a trial started before Justice Adamu Bello of the Federal High Court Abuja before it was later transferred to the Lokoja division of the Federal High Court before Justice Ekwo, where Daudu and Adesina were re-arraigned twice on amended charges.

    The prosecution counsel, Mr. Wahab Shittu, presented 13 witnesses and tendered 47 exhibits to prove the charges against Daudu.

    Though Daudu, through his lawyer, Mr. O.J. Onoja (SAN), called seven witnesses in a bid to prove his innocence, the court however found him guilty as Justice Ekwo held that the prosecution proved its case beyond reasonable doubt.

    Daudu, who served as the caretaker chairman of the Ogori/Mangogo Local Government Area of Kogi State between January and July 2008, had been standing trial since April, 2010 alongside a former Commissioner for Agriculture in Kogi State, Albert Adesina.

     

  • Court dismisses Rickey Tarfa’s bid to quash bribery charge

    A Lagos State High Court in Igbosere, yesterday assumed jurisdiction to entertain a 27-count charge against embattled Senior Advocate of Nigeria (SAN), Mr. Rickey Tarfa, by the Economic and Financial Crimes Commission (EFCC).

    Justice A.A. Akintoye dismissed Tarfa’s preliminary objection, filed through his counsel Mr Anthony Idigbe (SAN), urging it to quash the charge and decline jurisdiction.

    Tarfa was arraigned on March 9, on a charge of ‎refusal to declare assets, making false statements, offering gratification to a public officer and failure to declare his assets.

    At the resumed hearing yesterday, Justice Akintoye, refused the defendant’s prayers but reserved her decision till the end of trial on the prayer to declare that falsification of age was not an offence known to law.

    The judge said that the EFCC had the power to investigate and prosecute Tarfa.

    “On the issue of the charge being an abuse of court process as argued by the accused, I hold that the information contained in the charge before me is different from the one before my learned brother.

    “In that charge what the accused is charged with, is obstructing EFCC officials from effecting their lawful duties.

    “I therefore hold that the information in this charge is not an abuse of court process,” she held.

    The judge also ruled that the Commission had the power to ask the defendant to declare his assets anytime, whether upon arrest or later, so far the offences charged were related to financial crimes.

    The offence of gratification of a public officer which the defendant was charged with, falls under the powers of the EFCC, she added.

    “It is my opinion that the information disclosed a prima facie case which established that the accused has a case to answer as alleged by the charge.

    “The court will not restrain a statutory body from performing it’s statutory duties in respect of anyone.

    “I hold that this court has jurisdiction to entertain this charge, the subject matter is within the jurisdiction of this court.

    “I refuse the prayer to quash this charge and I refuse the prayer to restrain the EFCC from investigating or prosecuting the accused,” Akintoye said.

    The case was adjourned till May 20 for commencement of trial and May 27 for further hearing.

    Meanwhile, the Commission also opened its case yesterday against another Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, at a Lagos State Magistrates’ Court sitting in Igbosere.

    Nwobike is standing trial before Justice Raliat Adebiyi on a charge bordering on an attempt to pervert the course of justice and offering gratification to a public official, a charge he denies.

    The Commission called its first and second witnesses, Joseph Oyekunle and Oliver Enwerem, both compliance officers with United Bank for Africa (UBA) Plc, and Access Bank Nig. Plc, to testify about financial transactions that occurred in the accounts of Joseph Nwobike & Co. with both banks.

    During examination in chief by prosecuting counsel, Rotimi Oyedepo, Oyekunle testified that on March 19, 2015, there was a N750,000 debit on the account of Joseph Nwobike & Co. in favour of Mohammed Nasir Yinusa.

    “There must have been an instruction authorizing the transaction,” he said.

    Oyekunle added that on April 1, 2015, “Debit transactions of N1.5 million in four places were made on the same day in Manager’s Cheques,” were made to another account.

    Under cross examination by defence counsel Mr. Olawale Akoni, SAN, Oyekunle admitted that on proper examination of the bank documents before him, the third and fourth transfers of N1.5 million each were made to one Seni Ibiwoye.

    “The 20th and 23rd entries were made in favour of Seni Ibiwoye,” he said, admitting that he neither operated the defendant’s account nor did he know the charge against the him.

    On his part, Enwerem testified that there were several transfers to different accounts by the defendant’s company, including a September 30, 2015 transfer of N300,00 to a company, Awa Ajia Ltd.

    He admitted that after the transactions of September 28 and 30 there were no other transfers into the accounts by Joseph Nwobike and Co.

    The case was adjourned till May 12, for continuation of trial.

  • Badeh: EFCC’s witness admits making conflicting statements

    Badeh: EFCC’s witness admits making conflicting statements

    Retired Air Commodore Salisu Yushau, testifying in the trial of the case of the immediate past Chief of Defence Staff, Alex Badeh, at a Federal High Court, Abuja, on Tuesday admitted making conflicting statements.

    Yushau admitted that the statements he made to the Economic and Financial Crimes Commission (EFCC) was different from what he was giving in court based on the nature of questions asked.

    The witness, who was being cross-examined by Mr Akin Olujimi (SAN), told the court that the conflicting statements in to the EFCC and his testimony in court in the same case arose from the technicality of the questions asked.

    He said that the shopping complex bought for N650,000 million was not captured in the statement he made to the EFCC in details.

    “The statement I gave to the EFCC was to address the specific questions that were being asked.

    “I know that it is not everything I am telling the court here that was captured in my statement.

    “But the fact is that ‎everything I told the EFCC was within my knowledge and the records are there,’’ he said.

    He also told the court that Badeh, and Mr Hussein Umar inspected some properties in Maitama and Wuse 2, which were thereafter purchased in the name of Iyalikam Nigeria Limited and Alex Badeh junior.

    “‎After we inspected the property and after been satisfied, my boss, (Badeh) gave me a name, in which the property should be purchased and I forwarded the name to the agent following the instruction of my boss.

    “‎I did not say all this in my statement because I was answering the questions as they were been put through to me by the EFCC.’’

    The witness told the court that he was appointed Director, Finance and Account of the Nigeria Airforce, adding that he had also told his boss that he did not like the appointment.

    “My boss, the first defendant was well aware that I did not like that office and I wanted to retire before he was appointed chief.’’

    The court adjourned the case till April 20.

  • Edo council boss Vs EFCC: Court Fixes June 21st For Hearing

    Edo council boss Vs EFCC: Court Fixes June 21st For Hearing

    Edo State High court sitting in Benin City yesterday adjourned for June 21st  for adoption of written addresses on the case involving the out going Akoko Edo Local Government Chairman  Folorunsho Akerejola, and the Economic and Financial Crimes  Commission [EFCC] over alleged misappropriation  of fund

     

    The council boss and and five others ;Ogbekhilu Benjamin, Enabulele Ferguson, John Victor Ewelafoh, Gadimoh Ozaveshe and Amuda Balogun were arraigned with 12-count charge bothering on criminal conspiracy, contrary to Section 26 (1)(C) of the corrupt practices and other related offences Act, 2006.

     

    In his deposition, the counsel to the council boss Barr. IMC Ohio argued that the court lacks the jurisdiction to entertained the case and that the issues and grounds under which they were charged must be tried

     

    He noted that the EFCC did not seek and obtained the consent of the judge before filing the charges adding that the ICPC law under which the accused were charged has been repelled moreso that the charges were orchestrated to abuse court processes and embarrassed the accused in their place of work

     

    In her rulings, Justice Esther Edigin after hearing from both counsels subsequently adjourned the case for 21th June for adoption of addresses.

     

  • CCT trial: Justice Auta accedes to Saraki’s request

    CCT trial: Justice Auta accedes to Saraki’s request

     The Chief Judge of the Federal High Court, Justice Ibrahim Auta has acceded to the request by Senate President, Bukola Saraki to direct one of the judges serving under him, Justice Abdul Kafarati to deliver judgment in his (Saraki’s) case.
    Saraki, who is standing trial for an alleged false assets declaration before the Code of Conduct Tribunal (CCT) had sued the Chairman of the CCT, Danladi Umar and others involved in his trial, before the Federal High Court.
    Saraki is, in the suit filed for him by his lawyer, Ajibola Oluyede, contending that his trial before the CCT, as currently constituted was a violation of his right and that there was no way he could get justice.
    It is also Saraki’s contention that, while the Economic and Financial Crimes Commission (EFCC) was currently investigating Umar for alleged bribery and at the same time prosecuting him (Saraki) before the tribunal he (Umar) heads, it was impossible for the CCT Chairman to do justice and act independently in his (Saraki’s) case.
    Having taken arguments from parties in the case, Justice Kafarati had scheduled judgment for March 22, but when parties arrived court, he changed his mind at the last minutes and informed parties that he was withdrawing from the case and  returning the case file to Justice Auta for reassignment to another judge.
    Justice Kafarati hinged his decision on publications by on-line media, which he (the judge) said had cast him in bad light and portrayed him as a compromised judge.
    He said no mater in whose favour his judgment went, the losing party will habour the impression that he was influenced.
    On March 23, Oluyede wrote Justice Auta, demanding that he prevailed on Justice Kafarati to deliver his withheld judgment, no matter who benefits.
    Oluyede said: “It is our argument in the suit that the Code of Conduct Tribunal cannot act independently the way it is currently constituted because we believe It’s Chairman, Danladi Umar, who is currently under investigation by the EFCC, cannot be independent in deciding a case being prosecuted before him by the EFCC.
    “We have also contented that the EFCC, by admitting that the investigation of the case against our client was done by a special task force, as against the requirement of the provision in Schedule 3 of the Constitution, has usurped the exclusive duties of the Code of Conduct Bureau (CCB). It is on that basis we argued that our client cannot get justice under the current arrangement and asked the court to quash the charge,” Oluyede said.
    Part of the letter he wrote to Justice Auta reads: “Although one cannot but sympathise with the hard-working judges, who are victims of these vicious attacks, nevertheless, we find ourselves in disagreement with his (Justice Kafarati) that the interest of justice would be served by his withholding of his judgment and returning the matter to your Lordship for reassignment.
    “In our view, the abdication by Justice Kafarati no only fails to meet the end of justice, it also gives momentum to the growth of blackmail tactics and dishonourable conduct targeted at obstructing the administration of justice.
    “It would therefore set a bad precedent if your Lordship accedes to Justice Kafarati’s request to allow him to withhold his prepared judgment in this action because of fear of ephemera public opinion.
    “We write to seek your lordship’s most urgent intervention to prevail on honourable Justice Kafarati to have his judgment read, so that the very essence of such an important application under the fundamental rights (enforcement procedure)Rules 2009 may not be completely lost and the entire judicial process brought to avoidable ridicule.
    “It is immaterial in whose favour the judgment goes so long as we can, through this resistance, defeat the on-line media terrorism being unleashed against the judicial system.
    “If this precedent is set, there will be no end to this, as it would mean that all a litigant that wishes to frustrate the administration of justice for any reason, need to is to sponsor spurious allegations against the judge and that will terminate the proceedings and frustrate the timely delivery of justice,” it said.
    It was, however learnt yesterday that Justice Auta has acceded to Saraki’s request and directed Justice Kafarati to proceed and deliver his judgement.
    The Nation learnt that Justice Auta’s decision was hinged on the fact that none of the parties in the suit complained about the conduct of Justice Kafarati and that the judge can not disqualify himself from further handling the case based on mere allegations made in the media.
    Lawyers representing parties in the suit confirmed this development to The Nation yesterday. Investigation by The Nation also revealed that Justice Kafarati has rescheduled the judgment for this Friday.

  • Supreme Court orders Kalu, associate to submit self for trial 

    *Orders CJ, FHC to assign cases for hearing
    ‎Former Abia State governor, Orji Uzoh Kalu on Friday lost in his bid to have the money laundering charge against him quashed as the Supreme Court has dismissed his appeal  for lacking in merit.
    Kalu had, in his appeal, sought to quash the charge of money laundering brought against by the .
    A similar appeal by Kalu’s associate, Udeh Jones Udehogo was also dismissed by the Supreme Court on similar ground.
    Justice Suleiman Galadima, who wrote lead judgments in both appeals, upheld the concurrent decisions of the Federal High Court, Abuja and Appeal Court, Abuja in refusing Kalu’s appeal.
    The five-man panel of the apex court directed the Chief Judge of the Federal High Court to assign both cases to new judges for hearing.
    The apex court directed Kalu and his associate to submit themselves for trial.
    Details later
  • BREAKING: Court orders EFCC to release ex-Dasuki’s aide

    BREAKING: Court orders EFCC to release ex-Dasuki’s aide

    The High Court sitting in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to immediately release Col. Nicholas Ashinze, a former aide to the immediate past National Security Adviser (NSA), Col. Sambo Dasuki (rtd), who has been in detention since December 23, 2015.

    While delivering the ruling on Monday, ‎Justice Yusuf Haliru ordered the commission to release Ashinze on self-recognition and also release all the documents and items the anti-graft agency seized from the house of the applicant.

    In his ruling, the Judge held that detaining Ashinze for over three months without trial was “‎illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant.”

    Berating EFCC and the Nigerian Army for acting as if Nigeria was still under the military ‎dictatorship, the judge stated that the constitution stipulated that any person detained should be charged to court within reasonable time not exceeding two months from the date of arrest.

    “The EFCC is a creation of the ‎law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law.

    “The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship ‎where they arrest and release persons at will.

    “The respondents, I must be bold to say – the EFCC and the Army- have behaved like illiterates,” Justice Haliru noted.

    In his verdict, the Judge quoting section 36 of the 1999 constitution, as amended maintained that an accused person is deemed innocent until his guilt is established.‎

    “Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?‎

    “Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak.

    “Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law.

    “The court is empowered to guard against improper use of power by any member of the society or agency, EFCC inclusive.‎

    “The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate,” the judge ruled.