The Nation Newspaper

Tag: Economic and Financial Crimes Commission

  • Court refuses to stop justice Nganjiwa’s corruption trial

    Court refuses to stop justice Nganjiwa’s corruption trial

    A Lagos State High Court in Igbosere has dismissed an application by a serving Federal High Court judge seeking to stay proceedings in his trial for alleged N81,705,000 corrupt enrichment.

    Justice Adedayo Akintoye ruled that the application by the defendant, Justice Hyeladzira Ajiya Nganjiwa of the Federal High Court, Bayelsa Division, was unmeritorious.

    The judge noted that Nganjiwa’s application seemed like a delay tactic and that his trial could continue while the outcome of his appeal at the appellate court is awaited.

    Nganjiwa is facing a $260,000 and N8.65 million (totalling about N81,705,000) corruption charge, brought against him last June 23 by the Economic and Financial Crimes Commission (EFCC).

    On Friday, through his counsel, Chief Robert Clarke SAN, Nganjiwa moved a motion urging the court to stay proceedings in his trial pending the Court of Appeal’s determination of his suit challenging the high court’s jurisdiction to try him.

    The October 4, 2017 application was brought pursuant to Sections 6(6) and 36 of the 1999 Constitution (As amended).

    “Whatever powers this court possesses is subject to the Constitution…it is an application challenging Your Lordship’s jurisdiction,” Clarke said.

    He argued, relying on the Constitution, statutes and case law, that the court was bound to refrain from further action on the case, particularly since, according to him, the appeal was set in motion before the defendant took his not guilty plea.

    Clarke said: “As of today, the Court of Appeal is fully seized of this matter….In those days when we were younger, if a lower court disregarded the judgment of a higher court it was called judicial rascality.”

    He contended that the application was a Constitutional rather than a frivolous one and the issue involved was “a grey area of the law.”

    Clarke added: “We urge Your Lordship to err on the side of caution and, in the interest of justice, grant the application.”

    But prosecution counsel, Mr Wahab Shittu, who appeared in place of Mr Rotimi Oyedepo, opposed the application, declaring it a time-wasting ploy.

    Shittu said: “We are strongly opposing this application based on statutory provisions, particularly Section 273 of the Administration of Criminal Justice Law (ACJL) of Lagos State, Section 306 of the Administration of Criminal Justice Act (ACJA) and Section 40 of the EFCC Act,  all of which prohibit the grant of stay of prosecution.

    “The application by the learned Silk is incompetent because the law does not allow it. The rationale for this is to forestall delay. Our courts frown at delay tactics by defence counsel. This application is an attempt to stall proceedings by counsel.

    “I urge my lord to dismiss the application and order the prosecution to commence its case.”

    In a bench ruling, Justice Akintoye upheld the prosecution’s argument.

    Relying on the ACJA, ACJL and the EFCC Act, the judge held: “This court is not empowered to entertain any stay of proceedings or deferment of proceedings, however, it may be described, in criminal matters.

    “The judicial system has moved from delay tactics which may be brought to forestall the hearing of a case…as a result this matter will continue today as we await the outcome of the decision of the esteemed Court of Appeal.”

    However, the trial could not go on following Clarke’s request for time to study an application for proof of evidence served on the defendant on Thursday, by the prosecution.

    He said: “I’m seeing the processes for the first time in this court. I need time to go through them.”

    But Justice Akintoye’s offer to stand down the matter for 30 minutes, so the defence could examine the documents, was not taken.

    “30 minutes? My lord, I am 80 years old,” Clarke said.

    Following consultation with the parties, the judge agreed to “give the defendant the benefit of the doubt.”

    The case was adjourned until November 13.

    Last June 23, the Economic and Financial Crimes Commission (EFCC) arraigned Nganjiwa on a 14-count charge of unlawful enrichment and making a false statement to EFCC officials.

    The EFCC said he got the money, “so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.”

    Justice Nganjiwa pleaded not guilty and was granted bail on self-recognizance in view of his status as a serving judge.

    Justice Akintoye directed him to deposit his passport in the court’s custody and adjourned till October 6 for trial, after urging the judge “to present himself in court for the entire duration of the trial.”

    Nganjiwa is one of the six judges who was reinstated last June 3 by the National Judicial Council, (NJC), following the failure of the government to file charges against them.

    The EFCC brought the charge against him last June 13, less than 48 hours after The Presidency vowed to prosecute judges that were reinstated by the NJC but with cases to answer.

  • EFCC confirms arrest of Ekiti finance commissioner, Accountant General

    EFCC confirms arrest of Ekiti finance commissioner, Accountant General

    The Economic and Financial Crimes Commission (EFCC) has confirmed the arrest of two key officials of the Ekiti State Government for alleged misuse of bailout funds.

    In a statement on Thursday evening, spokesman of the commission, Mr Wilson Uwujaren, identified the officials as the Commissioner for Finance and the Accountant General of the state.

    Uwujaren said they were picked up by EFCC operatives “following their refusal to honour previous invitations for interrogation in relation to pending investigation on the misuse of bailout funds by the Gov. Ayodele Fayose administration”.

    The News Agency of Nigeria (NAN) reports that the arrest came on the day that Gov. Fayose formally declared his intention to run for the President in 2019 election.

  • Suspected fake Canadian visa racketeer arrested

    Suspected fake Canadian visa racketeer arrested

    The Economic and Financial Crimes Commission (EFCC) has arrested a suspected fraudstar, who specialised in issuing fake Canadian visa to his victims.

    Mr Ago Oyewole, EFCC Zonal spokesman in Ibadan, told the News Agency of Nigeria (NAN) on Wednesday that the visa-racketeering suspect (names withheld), had defrauded his victims of more than N3 million.

    He said that some of the victims were allegedly charged between N200,000 and N1 million per visa.

    Oyewole said his arrest was sequel to a petition filed to the commission on the alleged involvement of the suspect in the issuance of fake Canadian visa.

    “Eight of the victims have come forward to volunteer useful information to the operatives of the Commission.

    “Copies of fake Canadian visas were recovered from the suspect at the point of arrest. The suspect will be charged to court as soon as investigations are concluded,” the EFCC official said. (NAN)

  • AGF dissociates self from alleged probe of CJN

    AGF dissociates self from alleged probe of CJN

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has dissociated himself and his office from report that the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen was being investigated for corruption related issues.

    Malami, in a statement issued on Friday by his spokesman, Salihu Isah, said he holds the CJN in high esteem and will not be part of an attempt to denigrate his person and the office he (Onnoghen) occupies.
    The AGF faulted insinuations that the information which formed the basis of the media report emanated from his office.

    He said he was not aware of such probe of the CJN and would not be party to such act.
    The CJN, reacted to the report in a statement on Wednesday, denying any wrong doing and said he was ready to face any probe.

    The statement issued ON Friday by the office of the AGF reads: “The attention of the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN has been drawn to a report in the media space insinuating that the Honourable Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu Onnoghen, GCON and other former and serving government and judicial officers are under investigation for alleged corruption.

    “The report also listed other high-profile Nigerians who it claimed are purportedly under investigation for corruption to include former Coordinating Minister for the Economy and Minister of Finance under ex-President Goodluck Jonathan, Dr. Ngozi Okonjo-Iweala, present Minister of Solid Minerals Development and former Governor of Ekiti State, Dr. Kayode Fayemi, a sitting judge of the Federal High Court, Hon. Justice Abdu Kafarati, among others.

    “The Honourable Attorney General of the Federation and Minister of Justice wishes to express his displeasure over the unfortunate and unbecoming innuendo by certain persons and agencies which sought to accuse his office of leaking what was termed as classified information to the public.

    “This office, therefore, wishes to state categorically, but with absolute repudiation, that it did not at any time leak such information to the media as wrongly alluded by the Economic and Financial Crimes Commission (EFCC).

    “The pertinent question to ask is, since the EFCC has publicly denied that the Honourable Chief Justice of Nigeria is not under probe or investigation; is it then possible for the same EFCC to have forwarded any classified information on a non-existent probe or investigation of the Honourable CJN to the Honourable Attorney General of the Federation?

    “It also goes to show that the Office of the Honourable Attorney General of the Federation could not have leaked a non-existent classified information on an equally non-existent probe or investigation.

    “The Honourable Attorney General of the Federation and Minister of Justice strongly frowns at any unsavoury attempt or conspiracy to drag his office and that of the Honourable Chief Justice of Nigeria into petty squabbles in the midst of burning national issues.

    “We, therefore, use this opportunity to reaffirm our deep respect for the distinguished person and office of the Honourable Chief Justice of Nigeria, and we will never be party to any unpatriotic effort to denigrate his exalted office.

    “We wish to state unequivocally that the office of the Honourable Attorney General of the Federation will continue to collaborate with His Lordship in his efforts to reform the judiciary and galvanize the anti-graft war.

    “Indeed the present administration appreciates His Lordship for his unwavering support for its anti-corruption drive.

    “We wish to state further that we are neither aware of nor privy to any purported probe or ongoing investigation of the Honourable Chief Justice of Nigeria by any security or anti-graft agency.

    “The office of the Honourable Attorney General of the Federation dissociates itself from the baseless allusion or suggestion obviously made in bad faith to the effect that His Lordship is under any form of probe or investigation whatsoever.

    “In view of the above, the Honourable Attorney General of the Federation and Minister of Justice wishes to emphatically reiterate that he has profound confidence in the Chief Justice of Nigeria and wishes His Lordship the very best in the discharge or performance of his daunting duties to the nation at large.”

  • Court okays EFCC ’s power to freeze suspicious accounts

    Court okays EFCC ’s power to freeze suspicious accounts

    The Court of Appeal in Abuja has affirmed the power of the Economic and Financial Crimes Commission ( EFCC ) has the power to freeze suspicious accounts.

    The court said the anti-graft agency can direct banks to suspend operation of accounts suspected to have been used for criminal activities, or any account of into which slush funds and proceeds of crime have been deposited.

    The court, however, said such a directive by the EFCC to banks must be followed by an order of a court for interim freezing, which it must obtain from a competent court, to enable it conduct investigation to ascertain the origin of the funds.

    The appellate court said these in a unanimous judgment by its three-man panel on an appeal by Messrs A. R. Security Solutions Limited, which challenged the refusal by a Federal High Court in Abuja to vacate an interim freezing order earlier granted against it.

    Justice Binta Nyako of the Federal High Court, Abuja had on January 25, 2016, granted an ex-parte application by the EFCC for, among others, an interim freezing order on A. R. Security accounts with Heritage Bank.

    1. R Security applied to the court to have the order set aside, a request Justice Nyako, in a ruling on April 22, 2016, refused, prompting the company to approach the appellate court.

    Justice Mohammed Mustapha, who prepared the lead judgment of the appellate court, resolved the sole issue raised for determination against the appellant.

    The issue was whether the trial court was right to have held that the EFCC could obtain an order of court to temporarily freeze the appellant’s account, once the account is the subject of investigation.

    Justice Mustapha said while the EFCC was empowered, under sections 28 and 29 of its establishment Act to trace, attach and apply for interim freezing order on such suspicious accounts, the court, under Section 44(2)(k) of the Constitution, was empowered to grant such interim injunction.

    He said: “The respondent ( EFCC ) clearly bears the burden of establishing that there is a prima facie evidence that the property in issue is liable to be forfeited on account of its being proceed of crime.

    “That burden is discharged once there is an arrest for an offence under the Act ( EFCC Act), and the respondent traces the assets and attaches the property of the accused person acquired as a result of economic and financial crimes. That done, the respondent is entitled to an interim attachment order by the court.”

    Justice Mustapha agreed with the appellant that the EFCC must show that the origin of the suspicious funds is illegal.

    He added: “If bank accounts have to be investigated with any degree of success for the purpose of tracing criminality in transactions, how else can that be done without exercising some degree of control over the account?

    “It stands to logic and common sense that any serious investigation of criminality in a bank account has to first and foremost start with taking control of the bank account or at least putting restraints on the account; anything short of that will be quixotic, because funds in the account investigated will simply take a flight. That is the logic behind sections 28 and 29 of the Act.

    “Prima facie proof starts, for the purpose of the Act, with arrest of the accused person for financial and economic crimes, which now denotes, at this stage, that the monies in the account are likely proceeds of crimes, and therefore, liable to forfeiture, thus necessitating the grant of the interim order.

    “It is for these reasons  that the money in the accounts is fair game, because that attachment and proper investigation of such accounts will assist the respondent (EFCC) in prosecuting the accused successfully or consequently lead to the discharge of the order, depending on how the investigation goes.

    “The need for credible evidence, showing the money to be proceeds of crime, underscores the necessity for the respondent’s mandate to ‘immediately trace and attach’ the property.”

    He added that the grant of the interim order by the court was to enable the EFCC conduct a holistic investigation on the account to enable it establish whether or not the origin of the funds in the affected account was illegal.

    “It has to be pointed out that ultimately, it is for the same reason that the grant of interim order becomes necessary, as it explains the necessity for the respondent to have, not only access, but control of the account, by having it frozen, anything else might end up being pyrrhic for the respondent,” Justice Mustapha said.

    Other members of the panel – Justices Abubakar Datti Yahaya and Tani Yusuf Hassan – agreed with the lead judgment a copy of which was seen by The Nation.

  • Over 22 politically exposed persons, businessmen in Dubai under surveillance

    Over 22 politically exposed persons, businessmen in Dubai under surveillance

    Fresh facts emerged yesterday that the Economic and Financial Crimes Commission (EFCC) has received a database of Nigerians with assets in the United Arab Emirates (UAE).

    On the list are assets suspected to have been acquired with looted funds by some former governors, ex- ministers, bankers, oil chiefs,  government functionaries and other Politically Exposed Persons(PEPs).

    The EFCC is analysing the database in line with its list of PEPs who are being investigated.

    The anti-graft agency has placed over 22 politically exposed persons and businessmen in Dubai under surveillance.

    Funds linked with some of those under probe may be seized.

    A source in the commission, who spoke in confidence, said: “In line with its Beneficial Ownership laws, we have already a database of Nigerians with assets in the United Arab Emirates, including properties of some high-profile Nigerians under investigation.

    “We are already studying the database in line with our ongoing investigation and profiling. We have a long list of some politically exposed persons and businessmen under probe.

    “The signing of the agreements between Nigeria and the UAE by President Muhammadu Buhari last week has opened a robust vista which will hasten our identification and attachment of the suspicious assets.

    “It is time to set out for work. You will recall that over N1.34 trillion was stolen by public officers in seven years. We will trace some of these funds and the assets acquired with them in UAE.”

    Responding to a question, the source added: “We will not release the list now but already we have initiated action on some suspects.

    “Actually, there is no hiding place for any looter from Nigeria in UAE again. In May 2016 at the Anti-corruption Summit in London, the UAE joined the league of 29 nations which will share where lists of beneficial owners.

    “The UAE has also strengthened its anti-money laundering (‘AML’) regulations. Therefore, the environment is conducive now to track the suspects on our radar.

    “The Jebel Ali Free Zone Authority (JAFZA) also operates a commercial register where you can easily identify companies and investors in UAE.”

    Following a state visit to the UAE by President Muhammadu Buhari on January 19, last year, the Federal Government entered into  six agreements with the Emirates.

    The agreements, which were signed by Buhari last week, are:

    • Avoidance of Double Taxation Agreement.
    • Agreement on Trade Promotion and Protection
    • Judicial Agreements on Extradition
    • Transfer of Sentenced Persons
    • Mutual Legal Assistance on Criminal Matters
    • Mutual Legal Assistance on Criminal and Commercial Matters(recovery and repatriation of stolen wealth)

    Sections 7 of 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004 mandate the agency to seize suspicious assets.

    Section 7 says: “The commission has power to (a) cause any investigations to be conducted as to whether any person, corporate body or organization has committed any offence under this Act or other law relating to economic and financial crimes.

    “(b) Cause investigations to be conducted into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income.”

    Sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004 empower the anti-graft agency to invoke Interim Assets Forfeiture Clause.

    “Section 28 of the EFCC Act reads: ‘Where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court.’

    Section 13 of the Federal High Court Act reads in part: “The Court may grant an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.

    (2)          Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.”

    The Chairman of the Senate Committee on Foreign and Domestic Debts, Senator Shehu Sani said over $200 billion had been hidden in the UAE.

    He said: “Over $200 billion is stashed away from Nigeria to Dubai alone. This may be the monies stolen since in the past 20 years. I am not talking about estates and bonds and other securities bought with Nigeria stolen money.”

    The anti-money laundering policy of UAE Central Bank reads in part: “Any person who commits, or attempts to commit, a Money Laundering offence shall be punished by imprisonment of up to 10 years and or a fine of between AED 100,000 and AED 500,000.

    ”In cases of multiple perpetrators, the Court subject to its discretion, may exempt a perpetrator from the imprisonment penalty if he takes the initiative and reports the crime to the competent authorities prior to the knowledge of such authorities and if his actions lead to the arrest of the other perpetrators or seizure of the laundered money.

    ”Any establishment that commits an offence of money laundering, financing of terrorism or financing of any unlawful organizations, shall be punished by a fine of AED 300,000 and AED 1,000,000.

    ”Failure to report a suspicious transaction shall be punishable by imprisonment and /or a fine of between AED 50,000 and AED 300,000.

    ”Tipping off a person being investigated regarding a suspicious transaction shall be punishable by imprisonment of up to one year and/ or a fine of between AED10,000 and AED 100,000.

    ”Violation of the requirements of Airport Declarations shall be punishable by imprisonment and or a fine.”

  • Diezani: Protesters seek ex-minister’s extradition

    Diezani: Protesters seek ex-minister’s extradition

    The Federal Government is under pressure to bring back former Petroleum Resources Minister Mrs Diezani Alison-Madueke.

    Some protesters yesterday marched on the Abuja headquarters of the Economic and Financial Crimes Commission (EFCC) to demand her extradition from the United Kingdom for trial.

    They also raised issues on high-profile corruption suspects.

    But the EFCC said it will follow due process in its ongoing investigation of the former minister.

    It said the repatriation of the ex-minister required a long and painstaking process.

    The protesters, who came under the umbrella of Concerned Nigerians, were led by Charles Oputa (popularly called Charly Boy) and Deji Adeyanju.

    They had besieged the EFCC headquarters for a two-day sit-in.

    The EFCC sought for patience on Mrs Alison-Madueke and other high-profile cases.

    Charley Boy said the team was interested in the outcome of Mrs. Alison-Madueke’s  ongoing probe.

    He said: “I am here to give support and ginger the youths who have finally decided to wake up from their docility and their slumber.

    “We are here to force a discussion on this war on corruption. Is it only being fought on the pages of newspapers and why haven’t we had a conviction so far and why haven’t the guilty been punished so far?

    “So, I am here to join the exceptional Nigerian youths to ask questions and hold the government accountable to the promises that have been made.

    I remember the famous quote by President Buhari which says ‘if we cannot kill corruption, corruption will kill us’. And it looks like corruption is killing us. So, what the young people are asking is, why hasn’t there been any conviction so far?

    “So, I am here to encourage them, to motivate them in standing up for their rights because if the youths exclude themselves from nation-building, then they have no future in this country.

    “We told the EFCC that we will be back tomorrow and we will continue to support them in the fight.”

    Charley Boy said apart from losing assets, the ex-Minister must face trial.

    He said: “It is not enough for Diezani’s assets to be forfeited; there should be a conviction.

    “If they cannot get a conviction for Diezani there (in London), let them bring her back home. Our eyes are on the Diezani matter and I am hoping that it won’t be business as usual. The sit-in stops tomorrow but our media campaign will continue.”

    Adeyanju urged the EFCC not to be deterred in prosecuting the fight against corruption.

    He said after the two-day sit-in, which began yesterday at the EFCC headquarters, the group will take its protest to the United Kingdom.

    He said: “We came to tell the EFCC that we are demanding the extradition of Diezani, who is alleged to have stolen billions of dollars from the Nigerian coffers. We are saying if they do not extradite her and allow her trial to continue in the UK, it will be a pat on the back for her because what she is being accused of doing in the UK is a very minor offence.

    ”Corruption charges should be brought against her here and it is imperative that she be tried in Nigeria.

    “We are also demanding that they should assist the British Government in whatever way possible to secure an extradition.

    “We have also highlighted other corruption cases, like the IGP who was accused of collecting N120bn from oil companies and banks. Babachir Lawal and other cases like the CBN’s hoarding of forex.” The police chief has denied the allegations.

    Adeyanju went on: “The EFCC does not need to wait for directives before investigating people. Once someone has been accused of something, the commission should swing into action.”

    The EFCC said it would follow due process in its ongoing investigation of the ex- minister.

    The Secretary to the commission, Mr. Emmanuel Aremo, who addressed the protesters, said the repatriation of the ex-minister required a long process.

    Speaking on behalf of the Acting EFCC Chairman, Mr. Ibrahim Magu, Aremo stressed the anti-graft agency remained committed to the rule of law, adding that this is paramount in the fight against corruption.

    He said: “Let us be patient and let us follow due process, we on our part will ensure that no stone is left unturned as we intensify the war against corruption.”

    He asked the group “not to relent in their support for the EFCC, as the anti-graft agency needs the partnership of every Nigerian in the fight against corruption.

    “I urge Nigerians to be patient because extradition requires a painstaking process that must be followed,” Aremo added.

     

  • Whistleblowing takes off in Abia

    Whistleblowing takes off in Abia

    A handsome reward awaits you if your whistleblowing leads to the apprehension of a violent criminal in Abia State, SUNNY NWANKWO reports 

    Elsewhere in the country, whistleblowing is a growing industry. It has produced instant millionaires while exposing piles of potentially ill-gotten cash. In Abia State it is also taking root, but the target is different. Rather than squeal on people who hide stolen money at home, bury it at the cemetery or in the farms or stow it away in overhead water reservoirs, Abia whistleblowers will be exposing violent criminals such as kidnappers and armed robbers. And for their efforts, they get a tidy sum. Not a bad deal, provided their effort leads to the apprehension of outlaws in the state. The state governor Okezie Ikpeazu promised them that much.

    Whistleblowing has taken a life of its own since President Muhammadu Buhari took office. This followed the discovery that corrupt individuals who were being busted by the Economic and Financial Crimes Commission (EFCC) had devised another strategy to hide their stolen cash. Huge sums were quickly withdrawn from banks and kept anywhere they deemed fit: wardrobes, septic tanks, cemeteries and farm pits, among other locations.

    In order to beat the plans of these corrupt leaders, the federal government introduced the whistleblowing policy where the persons who give tips that lead to the arrest of corrupt leaders will get a certain percent of the monies recovered.

    The whistleblowing policy of the federal government has yielded fruit since it was introduced. One state which recently took a cue from the federal government is Abia where whistleblowers have joined in fighting insecurity as the state government promised about N1m for anyone who exposes criminals in their community. Any policeman who kills a kidnapper also gets N1m.

    Ikpeazu, who was a guest of an Aba-based radio programme, said his government would start demolishing kidnappers’ dens identified by whistleblowers. Ikpeazu stated that the demolition would begin soon geared towards discouraging people from using their facilities for keeping kidnap victims.

    The governor who commended Abia State Command of Nigeria Police Force, whose men at Omoba in Isiala Ngwa South Local Government of the state recently busted a kidnapping gang and rescued a victim they held in captivity, also disclosed that he would be visiting a police officer who sustained bullet wounds during a shootout with the kidnappers.

    He also disclosed that the state government would be rewarding whistleblowers in the state that assisted the police and other security agencies to expose the whereabouts and activities of kidnappers and hoodlums in their neighbourhood.

    The governor further stated that his administration would continue to support the police and other security agencies in fighting crime in Aba and other parts of the state to promote business activities and to ensure that the resident sleep with their eyes closed.

  • AGF’s directives create tension in the EFCC

    AGF’s directives create tension in the EFCC

    There were fears yesterday over the future of the Buhari administration’s anti-corruption war, following a letter from the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN).

    The AGF is demanding for the outcome of some investigations and recommendations on such cases  from the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu.

    The letter is suspected to be a booby trap for Magu to show whether or not he will disrespect the directive of the AGF.

    At the EFCC, officials are concerned that the AGF may use his constitutional powers to determine which cases to prosecute or discontinue.

    It was learnt that the Presidency may, however, wade into the crisis of confidence between the AGF and the Acting EFCC chairman.

    The AGF, in an August 1 letter (titled Compliance with the Economic and Financial Crimes Commission  (Enforcement) Regulations 2010) signed by Abiodun Aikomo Esq, directed Magu to ensure “compliance going forward”. There was no timeline for the submission of the reports on serious cases. Besides, such cases are not listed.

    The letter said: “I am directed by the Honourable Attorney- General and Minister of Justice to refer to the Economic and Financial Crimes Commission  (Enforcement) Regulations 2010 (the Regulation) published in the Federal Republic of Nigeria Official Gazette No.61 Vol. of 21st September 2010, particularly the obligations of the Economic and Financial Crimes Commission  (EFCC/the Commission)thereunder.  The said Regulation is attached herewith for ease of reference.

    “I am directed to refer specifically to Section 10 (1) which mandates the Commission to forward to the Attorney- General, in respect of a case of complaint which is serious or complex within the context of the Regulation, the outcome of its investigation(s) with its recommendations on whether there are sufficient grounds to initiate prosecution.

    “The Honourable Attorney-General observes that the Commission has been in breach of the above cited provision of the Regulation for some time, hence this reminder to the Commission to ensure compliance going forward.

    “Accept please, the assurances of the best of the Honourable Attorney General.”

    The AGF’s directive has created some tension in the EFCC because it appears that the Minister has drawn a line.

    A source, who spoke in confidence, said: “We suspect that the AGF now wants to determine which serious cases to prosecute and those to discontinue.

    “This is a replica of what we experienced about 10 years ago when a former Attorney-General of the Federation and Minister of Justice, Mr. Mike Aondoakaa(SAN), was trying to exercise his prosecutorial powers by cutting the former EFCC Chairman, Mallam Nuhu Ribadu, to size.

    “We are all downcast because what we consider good cases might be rejected by the AGF. Yet, the Acting EFCC chairman cannot disobey the AGF.

    “This is the second time the EFCC will go through this type of hurdle during the tenure of Magu. At a point, the National Prosecution Committee demanded for similar case files but we could not afford such a risk.”

    The source added: “We are expecting that the Presidency will intervene to manage the crisis of confidence between the AGF and the Acting Chairman of EFCC.

    “Magu has nothing against the AGF but some forces are just creating bad blood between them.”

    The office of the AGF said yesterday that it had no plan to take over high profile criminal cases from the prosecuting agencies handling them.

    AGF spokesman Salihu Isah told The Nation that a letter from the Federal Ministry of Justice, requesting some prosecuting agencies to update the ministry with development in such cases was not an attempt to take over the cases.

    He said such information was required by the National Prosecution Coordination Committee (NPCC) to enable it assess the cases, plan and offer strategic advice where necessary.

    Isah, who also acts as the spokesman for the NPCC, which resides within the Federal Ministry of Justice, noted that the committee was empowered to seek such information from the various prosecuting agencies to enable it perform its responsibility of advising the AGF.

    He said: “The letter did not say they should hand over the cases to us. The committee wants to know the status of the cases so that they will know what to do to assist. It is not that we are taking over. The media appears not to understand what we are doing.

    “You should know that the Federal Ministry of Justice, being the supervisory ministry for these prosecuting agencies, deserves to know the status of these cases. So, that is why we want them to furnish the ministry and the NPCC with information about the status of these cases.”

    Isah drew attention to a statement he issued late last year at the inauguration of the NPCC, explaining the responsibilities of the committee.

    Isah, in the statement issued last November, said the 19-man NPCC “is charged with ensuring the efficient, effective and result oriented prosecution of high profile criminal cases in the country.

    “The Committee is also to guarantee prompt contact and synergy between investigators and the prosecutors of high profile criminal cases, manage information to the public on such cases as well as to ensure strict compliance to the Administration of Criminal Justice Act (ACJA), 2015.

    “For its terms of reference, the NPCC is to advise the HAGF on the exercise of his prosecutorial powers in Section 150 and 174 of the 1999 Constitution, prepare the policy strategy document for the coordination of investigation and prosecution of high profile criminal cases in Nigeria and to also collate the list of such cases as well as assigning them to prosecution teams.

    “The Committee will scrutinise the proof of evidence and charges in high profile criminal cases in the country before arraignment. In addition, it will receive and analyse reports from the investigation and prosecution teams engaged to handle such cases.”

  • IPMAN urges EFCC to curb corruption in refineries, depots

    IPMAN urges EFCC to curb corruption in refineries, depots

    The Independent Petroleum Marketers Association of Nigeria (IPMAN) on Monday urged the Economic and Financial Crimes Commission (EFCC) to curb corruption in the sale of petroleum products in the refineries and depots across the country.

    Speaking with The Nation on phone, the IPMAN National Vice President, Alhaji Abubakar Maigandi explained that sharp practices in the allocation and loading of the products was still a major threat to the free flow of fuel that this administration advocates.

    He said that “you know up till now there is corruption in those NNPC depots, you have to give them money before you load in any of them Warri, Port Harcourt and Kaduna. All the three refineries.”

    The IPMAN National Vice President, who commended the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru on his recent visit to the EFCC, asked him to take advantage of the relationship to tackle the corruption menace in the oil downstream industry.

    He, however, explained that only NNPC is importing products and it sells them at a lower rate than the independent marketers, which is accountable for the price disparity.

    He added that some independent marketers have however followed suit to lower their pump prices because they seek high turnover. The situation, he said has made the market highly competitive to the benefit of the consumers.

    He noted that marketers were not accessing kerosene directly from NNPC, stressing that the middlemen are responsible for the additional cost in securing the kerosene.

    His words: “The managing director, the other time visited Magu. So, all what they have said is good, if they can go and do it in the right way,  definitely the Kerosene price will crash. Now only NNPC is bringing kerosene because there is a subsidy, so that subsidy because the  NNPC is bringing their own, they sell it at a lower rate to the marketers.

    “So, marketers are not able to import it because of the rate NNPC is selling because they produce, so they sell it at a lower rate.

    They are selling at a lower rate but when marketers come, it will become at a higher rate. So that is the major problem that we are having now, the government is giving it at a lower rate but the marketers can not get it at that rate.

    “Another unnecessary cost, which is not going to the government’s pocket, if the marketers were getting it direct, the way government said they should sell, then definitely by now the kerosene will not pass N150 or 160 highest, in the filling station.

    “Let Magu work with that the Managing Director, since he has gone there to meet him to assist him, let him assist him to eradicate the corruption.”