The Nation Newspaper

Tag: Economic and Financial Crimes Commission

  • Senators to fast-track NFIU

    Senators to fast-track NFIU

    A bill which aims to separate the Nigerian Financial Intelligence Unit (NFIU) from the Economic and Financial Crimes Commission (EFCC) scaled first reading in the Senate yesterday.

    This is coming less than 24 hours after the upper chamber raised the alarm over the suspension of Nigeria by the Egmont Group of Financial Intelligence Unit.

    The Bill, sponsored by the Chairman, Senate Committee on Anti-Corruption, Senator Chukwuka Utazi (Enugu North), seeks to create autonomous NFIU, which will not be domiciled in the EFCC.

    The move to create an independent NFIU is line with the demand of the Egmont Group of Financial Intelligence Unit which had given the country December 2017 deadline to comply or risk expulsion from the group.

    The Senate had on Wednesday debated the suspension of Nigeria from the Egmont Group for failing to grant autonomy to the NFIU.

    The upper chamber declared its intention to give an accelerated hearing to the Bill to ensure that the NFIU becomes independent before the December 2017 deadline given by Egmont Group.

    Shortly after the Bill scaled first reading, Senate President, Abubakar Bukola Saraki, directed the Business and Rules Committee to ensure that the Bill was scheduled for Second Reading on Tuesday next week.

    Chairman, Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi told reporters that the Senate does not want anybody to doubt the supportive role of the upper chamber to the fight against corruption in the country.

    The Senate Abdullahi said, has its own input to make to ensure the success of the anti-graft war.

    He noted that for any anti-graft agency to succeed in its task, it must share intelligence report with sister agencies in the world.

    He said: “Our worry is that Nigeria was suspended from the Egmont Group basically because NFIU has not been granted autonomy and still domiciled in EFCC. The essence of it is that in sharing intelligence, there are protocols that must be respected. The Senate is committed to ensuring that the right thing is always done. We must be proactive. If you strengthen the NFIU you are strengthening other intelligence units in the country.”

  • Senator allegedly embezzled N47billion while a Governor

    Senator allegedly embezzled N47billion while a Governor

    Seven lawmakers on trial for ‘money laundering’

    Eighteen senators are under investigation by the Economic and Financial Crimes Commission (EFCC) for alleged N367.5billion fraud, it was learnt yesterday.

    Seven are on trial. Some of the cases date back to 10 years.

    A senator is being investigated for alleged stamp duty infractions.

    One or two Senators (outside the list) are under investigation for their alleged involvement in the N19billion and $86million London-Paris Club refund in which seven governors have been implicated.

    The Nation stumbled on a fact-sheet which indicates that 11 of the senators under investigation are from the North. The others are from the South.

    Those facing trial include two from Northcentral, three from Northwest, one from Northeast and one from Southeast.

    Those being investigated cut across the six-geopolitical zones.

    Most of the N367.5billion alleged fraud border on money laundering, misappropriation, unexecuted contracts, diversion of public funds to campaigns, and others.

    In one of the cases, a senator is being probed for alleged diversion of about N108billion while he was a governor in one of the states in the South-South.

    A senator allegedly embezzled about N47billion when he was a governor. Investigators believe he was aided by his wife and son.

    A senator is standing trial for alleged mismanagement of N1.2billion ecological funds; another allegedly diverted to other uses N1billion meant for the repair of a collapsed dam.

    The other strands of the fraud include laundering of N40billion by a senator from the North-East; diversion of N3billion to the campaign by a North-West Senator; 149-count charge of mismanagement of N15billion by a senator from the North-Central and the arraignment of a North-West senator for allegedly N52billion fraud.

    There are N9billion case involving a senator from the South-East; N2.1billion contract fraud by a member of the Upper Chamber from the South-South; N10.2billion fraud traced to a senator from the North-West and N2billion diverted funds credited to a senator from the North-Central.

    Two aides of a senator, who is being probed for alleged illegal deduction of N3.5billion from the London-Paris Club refund have been quizzed.

    Three new senators from the North-Central, South-East and South-West have been under investigation for some infractions, including alleged Stamp Duty collection fraud.

    An EFCC source, who spoke in confidence, said: “The case files of all these 18 senators are already with us. Seven of them are already on trial.

    “But, certainly, 11 others will be prosecuted at the appropriate time. It may interest you that some agencies in a few international jurisdictions are interested in some of the cases against some of these senators.

    “It might also interest you that some of these cases predated the appointment of the present Acting Chairman of EFCC, Mr. Ibrahim Magu. But since continuity is a cardinal principle of the EFCC, Magu has decided to ensure that the matters in court are pursued to logical conclusion. There is also no waiver for all cases undergoing investigation.”

    In response to a question, the source added: “Magu has no personal problem with any senator. He inherited most of these cases.”

    Meanwhile, it was learnt that some of the senators have also made a “strong case for the discontinuation of either their investigation or prosecution by the EFCC as part of the conditions for supporting  Magu.

    “In one of the lobbying sessions, a senator from the North-East said he committed no crime to have been subjected to trial by the EFCC.

    “Although a Senator from the North-Central was aggrieved, he was reported to have said: ‘I won’t block the nomination of Magu because he is probing me. I have forgiven him. But I know I did not commit any fraud and I will be vindicated in the end.”

  • ‘Magu’s rejection more of politics than legal’

    ‘Magu’s rejection more of politics than legal’

    •CJN’s ruling boosts confidence

    The row over the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, assumed a new dimension yesterday, with the Presidency insisting that his nomination does not require the confirmation of the Senate.

    It based its decision on an advisory prepared by judicial and legal experts on Section 171 of the 1999 Constitution.

    The advisory unearthed a ruling of the Supreme Court on the matter where the Chief Justice of the Nigeria (CJN), before his elevation as CJN, had ruled in line with the view of the Presidency on the matter.

    The CJN, Justice Walter Onnoghen, had ruled that the Constitution overrides any provision of an Act /Statute.

    But the Presidency said it will await the judicial review of Section 171 for the final say on Magu.

    The details of the advisory were obtained last night by our correspondent.

    The legal advisory asked the Presidency to await a judicial pronouncement on Section 171.

    The source said: “In fact, the conclusion of the legal advisory on the matter is very clear that a judicial pronouncement preferably by the Supreme Court is what will settle the matter.”

    Some extracts from the legal advisory states: “The divergent positions being held by the Executive and the Legislature on the subject of confirmation …is one that requires timely and ultimate resolution.

    “Such resolution could only be reached through the judicial process…Such interpretation would lay to rest the lingering crises between the two arms.”

    Concerning the issue of the Acting EFCC Chairman, the legal advisory concluded that “the rumblings in the discourse on the confirmation of the EFCC Chairman have more to do with politics than with the law.

    “It is trite that, by the rule of ejusdem generis, any office to which Section 171 or other Sections of the Constitution do not confer on the Senate the power of confirmation of appointment to such office cannot be imported and accorded equal footing as the mentioned offices.”

    The advisory affirmed the powers of the President to appoint in acting capacity into positions such as the EFCC chairmanship.

    It also clarified that “in the recent past, the ministerial nomination of late Prof. Abraham Babalola Borishade (Ekiti State) by President Olusegun Obasanjo was rejected repeatedly by the Senate.”

    “In fact, it would be recalled that this particular nomination was presented four times in 18 months before it was eventually confirmed by the Senate.

    “This position is because of the long established and entrenched principle of law that any legislation that is inconsistent with the provision of the Constitution is null and void and of no effect whatsoever to the extent of such inconsistency. (See the Supreme Court cases of DR. OLUBUKOLA ABUBAKAR SARAKI v. FEDERAL REPUBLIC OF NIGERIA (2016) LPELR-40013 (SC) and CHIEF ISAAC EGBUCHU v. CONTINENTAL MERCHANT BANK PLC & ORS (2016) LPELR-40053 (SC).”

  • EFCC to seize Diezani’s, Aluko’s Dubai mansions

    EFCC to seize Diezani’s, Aluko’s Dubai mansions

    $1.5b oil contract probe widens

    Barely 48 hours after the US Department of Justice released details of how part of the $1.5billion oil production contracts funds were laundered, the Economic and Financial Crimes Commission (EFCC) is set to seize a mansion belonging to one of the suspects, Kola Aluko, in Dubai, United Arab Emirates (UAE).

    Besides, the commission will apply for the forfeiture of two houses belonging to a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, who was implicated by the U.S. authorities as a beneficiary of the laundered cash.

    About five luxury properties have also been traced to a former official of the defunct Oceanic Bank.

    All the properties in question have been identified and documented for forfeiture with the UAE authorities, The Nation learnt yesterday.

    Nigeria signed six agreements with the UAE on January 19, 2016 following a state visit by President Muhammadu Buhari.

    The pact includes Judicial Agreements on Extradition, Transfer of Sentenced Persons, Mutual Legal Assistance on Criminal Matters, and Mutual Legal Assistance on Criminal and Commercial Matters (the recovery and repatriation of stolen wealth).

    Besides, the luxury properties in the United States, the EFCC believes Aluko and Mrs. Alison-Madueke allegedly acquired others with the laundered funds.

    According to a source, who pleaded not to be named because he is not allowed to talk to the media on the matter, all the suspicious assets have been located in the highbrow Jumeirah, which is the most expensive and exclusive area in Dubai.

    But of the eight identified, two apartments linked with Mrs Alison-Madueke are marked as J5 Emirates Hills (30million Dirham) and E146 Emirates Hills valued at 44million Dirham.

    For “security reasons”, the addresses of the mansions of Aluko and the ex-Oceanic Bank official, a woman, have not been disclosed.

    The EFCC plans to release the details later.

    A source in the commission said: “The EFCC still has a valid Mareva Injunction to freeze some foreign accounts and seize some assets linked with Diezani and her business associates in the United Kingdom and some jurisdictions.

    “Some of the offshore financial institutions, where accounts are frozen, include BNP Paribas (Switzerland), LGT Bank (Switzerland), Standard Chartered Bank (London),Barclays Bank (London), Standard Energy (Voduz, Switzerland), HSBC (London), Corner Bank (Lugano, Switzerland) and Deutsche Bank (Geneva).

    “Besides the luxury properties traced to Diezani and Aluko in the US, we have identified more in Dubai.

    “So far, we have commenced the process of ensuring the forfeiture of these assets by the suspects. The EFCC is also verifying the assets linked with Aluko’s business partner, Chief Jide Omokore in Dubai too.

    “All the steps taken so far are in line with the relevant laws in the UAE and the six agreements signed with Nigeria when President Buhari went on an official trip.”

    According to the source, the EFCC believes that “some of the assets were bought with part of the $1.5billion oil production contracts.

    ”These oil barons and their ilk acquired these properties when Dubai was a safe haven for looted funds. But the UAE has strengthened its laws in a manner that there is no more hidden place for the corrupt,” the source said, adding that the only hurdle the EFCC has to cross is the legal process in the UAE to retrieve the assets. “We are already employing the Mutual Legal Assistance Agreement to get this done.” He said.

    The Federal Government has ratified all the agreements with the UAE. This development will hasten asset recovery and retrieval of looted funds.

    “We will do our best to comply with their legal procedure,” the source said.

    “Statutorily, we have succeeded in establishing that the EFCC is empowered to confiscate the affected assets. We are invoking sections 7 of 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004.”

    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.”

  • ‘10% public servants responsible for treasury looting’

    ‘10% public servants responsible for treasury looting’

    The Economic and Financial Crimes Commission (EFCC) on Tuesday kicked against the proposed legislation seeking amnesty to looters of the nation’s treasury.

    The commission said less than 10 percent of Nigerian population caused the looting of the treasury.

    The EFCC Secretary, Emmanuel Adegboyega, said most looters of the nation’s treasury are found in the public sector.

    Adegboyega spoke at the opening of a two-day capacity building seminar on “Economic and Financial Crimes, Anti-Corruption, Fiscal Responsibility and Good Governance,” for states and local government officials.

    He added that private sector players were only dragged into treasury looting through their interactions with public servants.

    In his opening remarks, the Chairman of House of Representatives Committee on Financial Crimes, Kayode Oladele, said corruption can be curbed through comprehensive and impactful public enlightenment.

    He said: “The mission statement of the EFCC is to curb the menace of corruption that constitutes a hindrance to good governance, economic development and foreign direct investment. It is also geared towards developing the right mindset and attitude amongst Nigerians and contribute to the global war against economic and financial crimes and terrorism financing.

    “This is because the lack of understanding of the provision of the law against the commission of economic and financial crimes and corrupt practice is a major factor for high-level corruption in the country.”

  • Corruption trial: Court grants Dikko permission to travel abroad

    Corruption trial: Court grants Dikko permission to travel abroad

    The Federal High Court, Abuja, on Monday granted the former Chief of Air Staff, Air Marshal Umar Dikko, permission to travel abroad for medical checkup.

    Dikko, who was head of the Nigeria Air Force from September 9, 2010 to October 4, 2012, is facing a seven-count charge of money laundering before the court.

    The Economic and Financial Crimes Commission, EFCC, alleged that he used looted funds to purchase six choice properties in Abuja, Kano and Kaduna.

    At the resumed hearing of the case, the defendant, through his counsel, Ibrahim Bawa, a Senior Advocate of Nigeria, begged the court to allow the defendant to travel abroad for medical checkup.

    Bawa also urged the court to order the release of the defendant’s international passport which was deposited with the Deputy Chief Registrar of the court as part of his bail conditions.

    Counsel to the EFCC, Fatima Addo, said she would not object to the application since it was based on health ground.

    In his ruling, Justice Nnamdi Dimgba, said he was disposed to granting the motion since it was not opposed by the prosecution.

    Before adjourning the trial till Oct. 19, Dimgba directed Dikko to surrender his international passport with the Deputy Registrar of the court on his return to the country.

  • ‘Insistence on Magu as EFCC boss violates democracy’

    ‘Insistence on Magu as EFCC boss violates democracy’

    A former Attorney-General of Ebonyi, Mr Benjamin Igwenyi, said the Presidency was undermining checks and balances principle by insisting that Ibrahim Magu remained Economic and Financial Crimes Commission (EFCC) Chairman.

    Igwenyi, a constitutional lawyer, stated this in an interview with the News Agency of Nigeria (NAN) on Friday in Abuja.

    He said that the statement credited to the presidency on the issue violated the constitutional mandate of the National Assembly to confirm nominees.

    The presidency had on Thursday said that Magu would remain the EFCC boss even with the refusal of the Senate to confirm his appointment.

    Speaking through Gov. Nasir el-Rufai of Kaduna State at the inauguration of EFCC zonal office in Kaduna, Acting President Yemi Osinbajo said Magu would remain in office for the tenure of the present administration.

    According to Igwenyi, the presidency`s statement was in the wrong direction because it undermined the practice of checks and balance, the foundation of every progressive democracy.

    “He should have been more polite in saying what he wanted to say.
    The law was made that the chairman of the EFCC should be cleared by the Senate.

    “The law made provisions for the appointment of the chairman and that law was affirmed by the president in accordance with the Constitution.

    “Somebody’s name was submitted pursuant to that law; he was rejected the first time by the people. The second time, he was also rejected by the people, which by implication means that Nigerians have rejected the man.

    “And, the president in his personal wisdom feels that that man must be there. Why must it be Magu? Don’t we have other officers who can serve? There are so many of them.

    “The three arms of government should have respect for themselves because in law, nobody is bigger.

    “The national assembly has the power of confirmation.

    “If a public officer has been turned down twice during screening, even if the person is in acting capacity, it means you need to bring a replacement for that individual.

    “I think what the acting president should concern himself with is posterity, because whatever you do, are for the upcoming generation to come and see.

    “We should avoid laying precedence that will have capability of consuming us as a nation,’’ Igwenyi said.

     

  • EFCC re-opens case against ex-President Jonathan’s chief physician

    EFCC re-opens case against ex-President Jonathan’s chief physician

    The Economic and Financial Crimes Commission (EFCC) on Thursday in an FCT High Court, Maitama, opened its case against Dr Fortune Fiberesima, former President Goodluck Jonathan’s chief physician.

    Fiberesima was alleged to have abused his position as the chief physician to the former president in 2012 in awarding contracts valued at N258.9 million and N36.9 million to companies where he had interests.
    He was arraigned on a six- count charge bordering on abuse of office by influencing the award of contracts to companies where he had interest.

    EFCC said the offences were contrary and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

    The contracts are the reclamation of land at the State House Medical Centre and supply of medical consumables.

    He was granted bail on April 25 on the same condition by EFCC administrative bail, of two directors in government service with landed property in Abuja.

    In addition, he was ordered to deposit to the court registrar his international passport.

    At the resumed sitting, EFCC brought two witnesses out of nine billed to testify in the matter
    The first witness, Mr Aminu Abubakar, retired director, Maintenance, State House, was led in evidence by Hussaina Gambo (Mrs) EFCC counsel.

    He told the court that the contract for the reclamation was awarded in February. 2013 to a company named TE and C Ltd at N358.5 million to be completed within 16 weeks.

    Abubakar said that at the completion of the contract, certificate of practical completion was issued to the contractor.

    The witness also told the court that he was invited to EFCC and DSS in 2015 and 2016 respectively to answer questions in relation to the project.

     

     

    When cross- examined by Mr Granville Alibo (SAN) counsel for the defendant, the witness said that the defendant was never a member of the Tenders Board.

    “Even in the award of the contract, the defendant never sat as a member of Tenders Board which reports to the Permanent Secretary of the State House,” the witness said.

    He also told the court that he did not know if the payment of the contract was completed but that the process for payment was completed before he left service.

    Another witness, Rukiyat Odekunle, told the court that the contract to supply medical consumables was awarded to one Mr Ibomaedomi and Global Services Ltd at N36 million.

    Odekunle said she was the director of procurement at the State House when the contract was awarded.

    When cross examined by Alibo, she also said that the defendant was never a member of the Tenders Board, adding that the Bureau of Public Enterprises (BPE) did not object to the contract.

    The judge, Justice Peter Affen, adjourned the matter until July 13 for continuation of hearing.

  • Alleged election fraud: EFCC to arraign ex-Rivers REC Khan

    Alleged election fraud: EFCC to arraign ex-Rivers REC Khan

    The Economic and Financial Crimes Commission (EFCC), at the weekend, re-arrested the former Resident Electoral Commissioner for Rivers State, Mrs. Gesila Khan. She will be arraigned tomorrow.

    It was gathered that Khan, who hails from Bayelsa State, was picked up in Yenagoa on Saturday afternoon.

    Khan, who presided over the 2015 elections in Rivers State, was first arrested on April 15, 2016 following multiple allegations of financial fraud, including partaking in N650.9m and $115m poll bribes.

    The EFCC believes that the bribes were to alter the outcome of the 2015 general elections.

    Khan, who was redeployed to Cross River State at the time of her initial arrest, was, however, granted an administrative bail on May 3, 2016 after fulfilling some conditions, which included bringing a first class traditional ruler as a surety.

    But the team, it was gathered, returned on Saturday, to the residence of Khan in Yenagoa to re-arrest her, but could not find her at home.

    The team reportedly went to the palace of the traditional ruler, who took her on bail, and requested him to produce her.

    It was gathered that Khan was in her village preparing to attend the burial of the late Gordon Obua, the Chief Security Officer (CSO) to former President Goodluck Jonathan, when the traditional ruler called her on telephone asking her to return to Yenagoa.

    A source, who spoke in confidence said: “The EFCC came to look for her but they could not find her. They went to the palace of the traditional ruler who took her on bail.

    “Madam travelled to her village. She was preparing to return to Yenagoa to attend the burial of Obuah, Jonathan’s former CSO when he received a call from the traditional ruler requesting her to return immediately.

    “When she reported at the palace, a team of the EFCC was already waiting for her. She was immediately picked up and taken to Port Harcourt. She could not attend the burial”.

    The Southsouth Zonal Head of EFCC, Mr. Ishaq Salihu, confirmed the arrest, saying she would be arraigned tomorrow.

  • ‘EFCC must investigate Melaye, Justice Ikpeme over bribe allegations’

    ‘EFCC must investigate Melaye, Justice Ikpeme over bribe allegations’

    Concerned Nigerians, a pro-democracy group committed to accountability, rule of law, good governance and the fight against corruption has urged the Economic and Financial Crimes Commission (EFCC)  to investigate the Snator representing Kogi West Senatorial District, Senator Dino Melaye and Justice Akon Ikpeme of the Cross River State High Court.

    The group made this known on Friday in a press release signed by Deji Adeyanju, the Convener and Dr. John Danfulani, Secretary., stating that its attention is drawn to a conversation between the Senator and the Judge which was published by Sahara Reporters, an online news platform, recently.

    In the release, the group noted that its attention is drawn to a conversation between the Senator and the Judge which was published by Sahara Reporters, an online news platform, recently.

    The statement reads: “Our attention has been drawn to a voice audio recording purported to be a conversation between Senator Dino Melaye representing Kogi West Senatorial District and Justice Akon Ikpeme of the Cross River State High Court published by Sahara Reporters few days ago.

    “We are calling on the Chairman of the EFCC, Mr. Ibrahim Magu to sanction that an investigation be conducted into the allegations of bribery of the Cross River State High Court Judge by Senator Melaye.

    “A careful analysis of this voice recording suggests that the Cross River State High Court judge was bribed by Senator Dino Melaye.

    “The Economic and Financial Crimes Commission (EFCC) must investigate the circumstances of this recording, the allegations insinuated therein and the veracity of the recording. Senator Dino Melaye and Justice Akon Ikpeme of the Cross River State High Court must be invited for questioning by the EFCC. A thorough investigation must be done in this matter.

    “This is another test of the anti-corruption war of the Buhari led Government. EFCC must prove that there are no sacred cows in the fight against corruption and that all who commit financial crimes must be brought to book irrespective of their position.

    “Since members of the opposition have been at the receiving end in the fight against corruption of this administration, the investigation and subsequent prosecution of the culprits in this matter might correct the established notion.