The Nation Newspaper

Tag: Economic and Financial Crimes Commission

  • Alleged N22.8b fraud: Ex-Air Force chief, Amosun begins plea bargain

    Alleged N22.8b fraud: Ex-Air Force chief, Amosun begins plea bargain

    …EFCC opens case September 12

    A former Chief of Air Staff,  Air Marshall Adesola Amosun  (Retd) and 10 others facing a N22.8b fraud trial are in talks with the Economic and Financial Crimes Commission (EFCC) to enter plea bargain with the Federal Government.

    The EFCC tendered a draft copy of the terms of the potential plea bargain before Justice Mohammed Idris of the Federal High Court, Lagos on Friday.

    Amosun is standing trial alongside Air Vice Marshal Jacob Adigun and Air Commodore Gbadebo Olugbenga, all of the Nigerian Air Force (NAF), and eight private firms.

    The firms include Delfina Oil and Gas Limited, Mcallan Oil and Gas Limited, Hebron Housing and Properties Company Limited and Trapezites BDC Fonds and Pricey Limited.

    Others are Deegee Oil and Gas Limited, Timsegg Investment Limited and Solomon Health Care Limited.

    The defendants were arraigned by the anti-graft agency on June 29, on a 26-count charge of conspiracy, stealing, money laundering, concealing of proceeds of crime and conversion of funds belonging to the Air Force to their personal use.

    They were alleged to have committed the offences between March 5, 2014, and May 4, 2015.

    According to the Commission, the offences contravene Sections 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and are punishable under Section 15(3) of the same Act.

    But they entered a plea of innocence following which Amosun, Adigun and Olugbenga were granted bail of N500m each with two sureties in the like sum.

    Justice Idris also ordered them to deposit their passports in the custody of the court pending trial.

    At the resumed hearing of the matter on Friday, EFCC’s  prosecutor, Rotimi Oyedepo, informed the court that the defendants had began plea bargain negotiations with the government.

    He tendered a draft copy of the terms of the plea bargain to the court, and indicated that the defendants were already in possession of their copies of the terms.

    Oyedepo urged the court to allow the Commission to open the defendants’ trial.

    But defence counsel, comprising Mr. Norrison Quakers (SAN), Mr. Kemi Balogun (SAN), Chief Bolaji Ayorinde (SAN), Mr. Rotimi O. (SAN) and Mr. A. Etuokwu, opposed the commencement of trial.

    They informed the court that the business of the day was for report of compliance with the order of the court regarding the verification of the defendants’ bail conditions.

    The EFCC, they argued, failed to inform the court that it had yet to obey the order

    Amosu’s lawyer, Chief Ayorinde said: “The prosecution left out a fundamental issue, which is the court admitting bail to the accused. As at now, the accused are still in the custody of the Commission or prisons’ custody. We have satisfied all the conditions.”

    In his argument, Quakers said the prosecution was not in a position to tell the court that it was ready for trial.

    “We are in court to inform it as to the state of affairs as par the bail. We are surprised that the prosecution failed to tell the court the steps taken on the bail. Let the prosecution tell the court the report of their finding,” he said.

    Although Quakers admitted that the defendants’ lawyers met with the EFCC for the plea bargain, he said since the first meeting, the Commission failed to communicate with them, and only served them the draft of the agreement in court yesterday.

    He added that though the defendants initiated the idea of a plea bargain, they needed to be out of the EFCC custody before they would be able to negotiate properly with the prosecution.

    “When a man is in a custodian environment, anything you want him to say, he would say; anything you want him to do, he would do. We should not be stampeded or boxed into a corner,” Quakers said.

    He argued further that defendants were entitled under Section 36(6) (b) of the 1999 Constitution to be given adequate time and facility to prepare their defence.

    Olugbenga’s lawyer, Mr. Etuokwu, while aligning himself with the submissions of the two senior lawyers, urged the court to discountenance the prosecution’s applications to commence the trial today.

    But, opposing them, Oyedepo referred the court to its former ruling which stated that the matter was slated for trial.

    “The court will also see that we did not oppose the bail applications. We didn’t induce them to approach us for plea bargain.

    “On the issue of verification, we are in the process of complying with the court order. The accused persons took their pleas and on the second day, the Court Registrars forwarded some documents to the Commission for authentication, and we took our time during the holidays to verify these documents.

    “I urge the court to allow us, if they said they no longer believe in the plea bargain, we are ready for trial”.

    After back and forth arguments by the parties, Justice Idris, in a bench ruling, upheld the defendants’ request and ordered the EFCC to conclude the verification of the defendants’ bail conditions on or before Monday, July 11.

    The court also noted that the defendants had shown a “clear, positive and strong intention” to settle with the government.

    The judge adjourned till September 12 and 13, 2016 for trial.

    According to the charge, the accused persons are alleged to have converted of N21, 467, 634, 707.43 billion, property of the NAF, which sum was derived from stealing, to their personal use.

    They were also accused of indirectly converting N5, 291, 306, 950.28 Billion, N3.6bn property of the (NAF).

    In another instance, the EFCC also alleged that Amosun and the others stole N323, 319, 283.81 from the accounts of the NAF to purchase for themselves a property situated at No.1, River Street, Wuse II Abuja.

    Amosu, Adgun and Olugbenga, were also alleged to have between July 17, and September 16, 2014, “used the British Pounds Sterling equivalent of sum of N663, 443,291 million, removed from the accounts of the Nigerian Air Force to purchase for yourselves two properties situated at 50-52 Tenterden Grove, London (NW41TH) and 93B Shirehall Park, London NW4 2QU, United Kingdom.”

    Other counts include purchasing a property situated at 1, River Street, Wuse II Abuja with N202, 920, 200 million, belonging to the NAF and jointly removing N428, 139, 539 million, from the NAF accounts “to renovate and purchase medical equipment for their hospital, Solomon HealthCare Limited, locatesd at 24, Adeniyi Jones Street, Ikeja Lagos.”

  • This weird and laughable distraction

    By Dr Khalifa Dikwa

    Distraction is the ultimate aim of Nigeria’s attackers of President Muhammadu Buhari’s government and military commanders who have achieved the first phase in dismantling Boko Haram to restore peace within one year while preparing to confront the other emerging phases in other parts of Nigeria. We are no longer stupid to play the game of the bad losers.

    The ranting is linked to the corrupt and pitiless establishment otherwise known as cabal or political Boko Haram who had earlier bailed out the arrowhead of BH, Imam Muhammad Yusuf in the past until he was caught and extra judicially killed to bury their secret agreement.

    These detractors are equally connected to those who have cornered funds meant for arms procurement for our troops, thereby unable to defend us from the insurgency they sponsored till they were replaced by President Buhari. We all knew that service chiefs like Ihejirikas and other field commanders were selected to prolong the war for a complete genocide.

    The rant is connected to the enemies of Nigeria who hid public funds now on trial or afraid of getting caught by the Economic and Financial Crimes Commission (EFCC) or other security outfits since there is no obvious guarantee that they can conceal the proceeds of their crimes for long. So far, their millions of naira in stolen public funds have been trailed to suspicious bank withdrawals, on their farms, water tanks, toilets, and wells after they stole from the states and federal treasuries or diverted funds meant for the fixing of basic infrastructure needed for the development of Nigeria. When they realized that hiring senior advocates to delay or truncate their trials as usual was not working they became desperate.

    They are connected to those that collected blood money in foreign funds to dismantle Nigeria for its global influence in peace missions in Africa and the world. They are connected to those who don’t want PMB government to at least implement 70% of the budget so that all 36 states can bring something to the table. This would allow them free themselves from relying on a single source of income, from the sale of crude oil through economic diversification particularly in the spheres of agriculture and mineral resources. The guts of insurgency in the oil producing states would be broken if this were to happen.

    Militants in that part are asking for complete control of resources as if they are theirs and that no other regions contributed to its exploration.

    The noise makers are connected to the hitherto untouchable sacred cows who are now on trial for subverting our security, stealing public funds and other atrocities. They are connected to those who were not happy with the wonders of INEC’s Card Reader that defeated their rigging machines, stemming them from using moles who were spread all over including the leading parties, APC and PDP. They are good at mischievously quarrelling in public or the media in the morning when they actually dine and wine at night at their meeting points in Nigeria and abroad.

    These media hands are of the same root as those who took issues with Aisha Buhari’s wrist watch and now Buratai’s wives. They omitted the fact they were self-reliant prior to the election of Buhari to be president of Nigeria who swiftly elevated and appointed Gen Buratai and other great military heads to annihilate Boko Haram to the satisfaction of the terribly frightened Nigerians. These paid media contractors are not likely to stop their mischief, deceits out of endless shamelessness in going after the remaining service chiefs and their family members, EFCC, DSS, ICPC, the president and his cabinet, just as they doctored a fight between the Chief of Staff Abba Kyari and EFCC’s Ibrahim Magu and ministers who refuse to play double agents.

    They run from one court to another to blackmail decent judges who refuse to play game with them in order to delay their trials.

    As far as defense and security agents are concerned, PMB can only listen to frank advice from friends within and outside, to choose only from among officers with little or no dent due to their previous ex-officio positions according to the zombie ‘obey before complain rule’ phrase of the force even if such directives were against the rules of engagement as subverted by some of the previous corrupt top military brass since absolute loyalty to superior officers and playing along was the only way to survive the treacherous weeding out of the few remaining skilled professionals and their replacement by mediocre officers to permanently kill the defense and security systems of our potentially great Nigeria.

    President Buhari was bound to appoint only trustworthy field commanders who whose background checks showed their sense of professionalism and patriotism even if they came from one family to defeat Boko Haram regardless of political correctness because Nigeria was about to disintegrate. They recall  Gen Buratai from the International Joint Task Force based in Ndjaména, the Chadian capital, to come home and head the Army and search among the younger Air Force officers’ rank for Marshal Sadik Abubakar to effectively coordinate with the army to deal with Boko Haram from the air, and for the famous intelligence officer Gen BG Monguno as the National Security Adviser (NSA). President Buhari’s background and sharp thinking paid off by appointing service chiefs from the most directly affected areas by Boko Haram insurgency coupled with their knowledge of the terrain. The same background research on incorruptibility and professionalism was conducted to get  the new Police Inspector General (IGP) by jumping the DIGs rank and pick an AIG, Ibrahim IDRIS from Central Nigerian State of Niger following the retirement of Solomon ARASE after the maximum 35 years of service while retiring his DIG seniors for obvious reasons.

    Nigerians must not be fooled to toe the line of uncertainty from the already visible certainty of peace and prosperity that proved to be a gargantuan task for many decades by the arrogant establishment cronies who hate to see Nigeria develop or to prevent others who may dump them in favour of Nigeria and perform without fear or favour. These rogues sit on the tail of the tiny 1% who thinks that they could continue to buy everybody and own Nigeria despite their bad record in order to perpetuate in power at all times with the desire to influence things. Even their ego and arrogance frustrate Nigerians.

    Therefore, Nigeria will never be controlled by the greedy establishment concocting stories to ridicule our hard earned CHANGE under President Buhari. But the Buhari we know is ready for them with his patience, impeccable character and intelligence. Nigerians should continue to pray for Nigeria as well as laugh at the antics and ranting of the tiny establishment who pay the media and intelligence with stolen commonwealth. It is over In sha Allah.

    Dikwa, a public affairs commentator contributed this from Yola.

     

  • Land swap: Reps order EFCC, ICPC to probe Ex- Minister, others

    Land swap: Reps order EFCC, ICPC to probe Ex- Minister, others

    The House of Representatives Thursdays ordered the Economic and Financial Crimes Commission, EFCC, and the Independent Corrupt Practices and other related Offences Commission, ICPC to investigate the former Minister of the Federal Capital Territory, Senator Bala Muhammed over the FCT Land Swap Programme.

    According to the House, others to be investigated by the anti- graft agencies are Executive Secretary of the Federal Capital Development Authority (FCDA), Engr Adamu Ismaila and the Coordinator, Abuja Infrastructure Investment Center (AIIC), Mr Faruk Sani.

    The investigation is to “ascertain their culpability or otherwise in the abuse of Financial Regulations, Due Process Procedures, and ICRC regulations with regard to the Land Swap Program.”

    The position of the House was sequel to the consideration and adoption of the recommendations of the report of the Herman Hembe- headed House Committee on FCT on the Investigation of the Abandoned Capital Projects and Alleged Malpractices Associated with the Land Swap Deals in the Federal Capital Territory.

    The previous FCT administration awarded and allocated over 7,600 hectares of land to companies and individuals under the Land Swap programme.

    “The EFCC/ICPC should as a matter of urgency, recover the said lands from the investors who are in breach of the terms of the land swap agreement entered into with the FCT,” the House said.

    The green Chamber also resolved that “relevant Security/Law Enforcement Agencies should investigate and track all monies expended outside the laid down Financial Guidelines for the Program, particularly, monies paid to the FCTA Land Swap Programme Account with the FCMB Plc, and the private personal account of Mustafa Usman Kaoje, the Accountant of AIIC and any other official of FCTA and AIIC.

    “That appropriate sanctions, as contained in Part V of the Financial Regulations, 2009 of the  Federal Republic of Nigeria be meted out by the relevant authorities on any officer found to have paid/collected money in cash/cheque without proof of exemption from the Federal Government E- Payment Policy;

    “That relevant security/law enforcement agencies should recover, for the FCT, all vehicles purchased with the Land Swap Project Funds for any official of FCTA, FCDA and AIIC;

    “That relevant security and other financial regulatory agencies should investigate the role of Aso Savings and Loans Plc, in conniving with some investors to misrepresent to the AIIC as to the financial standing of those investors with accounts in the said bank.”

    The House also recommended the termination of any Investor, who failed to meet the Basic Condition for participation/eligibility in the land swap program “particularly, the provision specifying that the Investor/Developer was to make available (in a dedicated project account) the sum of ₦350,000,000.00 (Three Hundred and Fifty Million Naira) as a Commitment fee on presentation of its Business plan.”

    The lawmakers advised that should the FCT Administration wish to continue the program, it

    “Should follow due process, adhere to relevant laws and ensure that only the most qualified investors are chosen to participate in the programme on a phase by phase basis.”

    Meanwhile, the House commenced a two-week Id-El- Fitri break to resume on the 12th of July.

     

  • Diezani N700m: EFCC detains Edo PDP chair

    Diezani N700m: EFCC detains Edo PDP chair

    The Economic and Financial Crimes Commission (EFCC) has continued its search for N700m given to Edo State chapter of the Peoples Democratic Party  out of the Diezani $115m bribe money.

    It has detained State Chairman of the PDP, Chief Dan Orbih, and extended invitation to 18 local government officials of the party.

    Other persons earlier invited in connection to the N700m bribe money were a former Deputy Governor, Lucky Imasuen, Tony Aziegbemin and Pastor Osagie Ize-Iyamu.

    Imasuen had told newsmen that the he was only invited to a branch of Fidelity Bank to witness collection of the money and that the money was taken to the House of a PDP leader where the money was shared.

    Pastor Ize-Iyamu also explained that he did not touch a kobo out of the money and that he gave the EFCC list of those that signed as the money was being shared.

    Sources said Pastor Ize-Iyamu has been invited again but close aides to Pastor Ize-Iyamu said he traveled to Lagos.

    It was gathered that the EFCC has asked those indicted to refund the money.

  • Ex-NIMASA DG knows fate May 20

    Ex-NIMASA DG knows fate May 20

    Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos Monday failed to deliver judgment in the trial of a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General, Temisan Omatseye.

    Judgment was fixed before the judge was transferred to the court’s Ilorin Division.

    She, however, could not return to Lagos to deliver the verdict as expected.

    A new date, May 20, has been fixed.

    The Economic and Financial Crimes Commission (EFCC) arraigned Omatseye for allegedly awarding contracts above his threshold.

    He was charged with 27 counts bordering on bid rigging and contract splitting involving about N1.5 billion.

    Parties adopted their final written addresses on March 14. Omatseye’s lawyer, Mr Edoka Onyeke, urged the court to dismiss the prosecution’s arguments and acquit his client.

    He had argued that the prosecution did not prove its case beyond reasonable doubt.

    The prosecutor, Chief Godwin Obla (SAN), urged the court to uphold the prosecution’s case.

    He said there was evidence that Omatseye went beyond his threshold of N2.5million for “goods” and N5million for “works”.

     

  • Uboh, Lamorde’s accuser convicted over PEF’s vehicles

    Uboh, Lamorde’s accuser convicted over PEF’s vehicles

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja Monday convicted security expert, George Uboh.

    Uboh, who accused the former Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Lamorde of diverting crime proceeds recovered by the EFCC, was convicted on a three-count charge of breach of trust.

    The spokesman of the EFCC, Wilson Uwujaren said in a statement, that Uboh was convicted in a judgment read Monday by Justice S. E. Aladetoyinbo.

    Uwujaren said Uboh was sentenced to a cumulative of three years imprisonment, but with an option of N1million fine.

    Though Uboh was charged under the provisions of section 314, he was convicted under section 312 of the law which also bordered on another variant of breach of trust, because the EFCC was unable to prove that the he (Uboh) was an employee of PEF.

    Justice Aladetoyinbo in convicting him held that there was inconsistency in his statement at the point of his arrest and during trial.

    Uboh was said to have claimed that the vehicles in question were compensation for the debt the PEF owed him and during trial he claimed that the vehicles were for trade by barter for the debt the foundation was owing him.

    He was charged with criminal breach of trust involving the sale of vehicles belonging to the now defunct Police Equipment Foundation (PEF) headed by Kenny Martins.

    Uboh was accused of abusing his position as former Head of Security and Communication Department, PEF, to convert the properties of the foundation to his personal use.

    The charge reads: “That you, George Uboh, sometime in 2007 in Abuja, the judicial division of the high court of the Federal Capital Territory, being a servant in the employment of the Police Equipment Foundation, and in such capacity entrusted with certain property, to wit: six units of operational vehicles, did commit criminal breach of trust by selling one Toyota Hilux pick-up van through one Egbon Blessing, and thereby committed an offence punishable under Section 314 of the penal code.

    “That you, George Uboh, sometime in 2007 in Abuja, the judicial division of the high court of the Federal Capital Territory, being a servant in the employment of the Police Equipment Foundation, and in such capacity entrusted with certain property, to wit: six units of operational vehicles, did commit criminal breach of trust by selling one Toyota Hilux pick-up vans to Muha Motors, and thereby committed an offence punishable under Section 314 of the penal code.

    “That you, George Uboh, sometime in 2007 in Abuja, the judicial division of the high court of the Federal Capital Territory, being a servant in the employment of the Police Equipment Foundation, and in such capacity entrusted with certain property, to wit: six units of operational vehicles, did commit criminal breach of trust by selling two units of Toyota Hilux pick-up vans, and therefore committed an offence punishable under Section 314 of the penal code.”

    He had pleaded not guilty, thus setting the stage for full trial during which the prosecution called several witnesses to prove its case.

    Uboh claimed that the former National Coordinator, PEF, Kenny Martins, gave him some PEF vehicles to offset the debt owned him by the Foundation.

    However, during cross-examination, he admitted that he did not have any evidence of transfer of ownership of the vehicles from PEF.

    “I know the vehicles belong to PEF. But it was to offset the debt owed me. The Hilux pickup vans are four and not five,” Uboh said.

    When contacted, Uboh confirmed his conviction, but said he immediately paid the N1m fine and was released immediately after the judgment was passed.

    He faulted the judgment, saying the judge, in convicting him, shifted the burden of proof, which ought to be on the prosecution, to him. Uboh said he has immediately instructed his lawyers to appeal the judgment.

     

  • Tompolo files fresh application to halt trial

    Tompolo files fresh application to halt trial

    A former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo) has asked the Federal High Court in Lagos to nullify sections 221 and 306 of the Administration of Criminal Justice Act (ACJA) 2015 which he said violated his constitutional rights.

    He is seeking an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act 2015 to the extent of their inconsistency with the 1999 Constitution.”

    Section 221 says: “Objections shall not be taken or entertained during proceedings or trial on the ground of an imperfect or erroneous charge.”

    Section 306 says: “An application for stay of proceedings in respect of a criminal matter before a court shall not be entertained.”

    Tompolo is contending that the sections are unconstitutional because they seek to prevent the court from exercising its jurisdiction to entertain any objection to a criminal charge and an application for a stay of proceedings pending appeal.

    He is, thus, asking the court to stop his trial until the determination of these issues.

    The Federal Government, Attorney-General of the Federation, the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff are the respondents.

    EFCC, on March 22, arraigned Tompolo in absentia over N34billion fraud after he failed to turn up despite being declared wanted. He was said to be “at large”.

    He was charged along with a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Patrick Akpobolokemi; Global West Vessel Specialist Limited, Odimiri Electricals Limited and Kemi Engozu.

    EFCC, in the 40-count charge before Justice Ibrahim Buba, said they allegedly diverted N34 billion for personal use, adding that the money accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist, said to be owned by Tompolo.

    Before then, Justice Buba had, on January 14, issued a warrant for Tompolo’s arrest. But Tompolo, on January 27, filed an application to set the warrant aside. On February 8, Justice Buba dismissed the application. Tompolo thereafter appealed the ruling on February 18.

    In the fresh application filed through his lawyer Ebun-Olu Adegboruwa, Tompolo is praying the court to declare that Section 221 of the ACJA constitutes a flagrant violation of his fundamental right to fair hearing as guaranteed under Sections 36(1), (4) and (6) of the 1999 Constitution.

    He said the Act “seeks to be an absolute bar to any objection to a criminal charge or information, already filed” against him and others.

    He also wants the court to hold that the AGF and EFCC are not entitled to deploy, use, cite or in any other manner rely on sections 221 and 306 of the ACJA in the prosecution of any criminal charge or information against him and others in any manner that will constitute a flagrant violation of his fundamental right to fair hearing.

    He is seeking an injunction restraining the respondents from filing, prosecuting or further prosecuting any criminal charge or information against him and others, the prosecution of which may constitute a flagrant violation of his fundamental right to fair hearing as guaranteed by sections 36(1), (4) and (6) of the 1999 Constitution and Article VII of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004.

    No date has been fixed for the new case.

    Another charge bordering on stealing, advanced fee fraud and money laundering involving about N22.7billion is still pending against Tompolo before Justice Buba.

    The judge had adjounrned until April 18 for Tompolo’s arraignment on the 22-count charge.

  • EFCC arrests two impersonators

    EFCC arrests two impersonators

    The Economic and Financial Crimes Commission (EFCC), has arrested the duo of Abbas Attahiru and Mohammed Sufiyanu for offences bordering on impersonation and obtaining money by false pretense.

    This, is contained in a statement issued by Mr Wilson Uwujaren, the commission`s Head of Media and Publicity on Friday in Abuja.

    According to the statement, Attahiru and Sufiyanu’s arrest followed a complaint by a-would-be victim that the suspects, claiming to be staff of EFCC, informed him of a petition purportedly written against him.

    The suspects, the statement added, promised to give the would-be victim a “soft landing” provided he was ready to part with some money.

    This, he added, made him to suspect a foul play and contacted the commission where he was asked to play along.

    The statement re-emphasised that the EFCC does not solicit for nor accept payments or gratification from persons or organisations under any guise to settle matters.

    It added that the suspects were apprehended at the complainant’s home after collecting N100, 000 which was part of their agreed fee to quash the case.

    According to the statement, the suspects will be charged to court as soon investigations are concluded.

     

  • Judge withholds judgment in Saraki’s suit

    Judge withholds judgment in Saraki’s suit

    Justice Abdul Kafarayi of the Federal High Court, Abuja on Tuesday  withheld his scheduled judgment in a fundamental rights enforcement suit by Senate President, Bukola Saraki.
    The suit is one of many moves by Saraki to stall his trial on charges of false assets declaration before the Code of Conduct Tribunal.
    Saraki, in the suit filed through one of his lawyers, Ajibola Oluyede, urged the court to, among others, quash the charge before the CCT and restrain the tribunal, the Economic and Financial Crimes Commission (EFCC) and other respondents in the suit from further arresting or prosecution him on the issue of false assets declaration.
    On March 1, Justice Kafarati fixed judgment for Tuesday after entertaining arguments from parties, who also adopted their final written addresses.
    At the resumption of court’s businesses at 9am Tuesday, the court’s registrar informed lawyers in the case, including Saraki’s supporters, who arrived the court early, that the judgment has been fixed for 1pm.
    They all waited patiently, but when the judge arrived a little over 1pm, he stunned all when he announced his decision not to deliver judgment, but to withdraw from the case.
    He hinged his decision on some reports by on-line media, including Sahara Reporters and Naij.com, which he said portrayed him in bad light.
    He said, by the impression created in the reports, suggesting that he had been compromised, it would be wrong for him to proceed and render any decision in the case.
    Justice Kafarati said: “The two publications made allegations against my person, alleging that I have been compromised with N2bn.
    “They also alleged that I am known in the legal cycle for being susceptible to corruption.
    “What this has done is to put my integrity to question. I however regard the publishers as people of unsound mind.
    “They know that what they said is not true. They just derive ‎pleasure when they malign the integrity of a judicial office.
    “It is unfortunate that we don’t have the appropriate laws to take care of this.
    “As it stands, I am caught between two devils, if the ‎judgment goes in favour of Saraki now they will say that I have been compromised, on the other hand, if it goes against him, they will say I have been intimidated.
    “In the light of the allegation, I believe the right and appropriate thing to do is to disqualify myself and return the case-file to the Chief Judge for re-assignment to another Judge,” Justice Kafarati said.
    Shortly after the judge’s decision, Oluyede and a respondent lawyer in the case, Adebisi Adeniyi engaged briefly in hot verbal exchanges over Oluyede’s suggestion that the EFCC was behind the reports.
    The judge intervened and told them he had made up his mind on the issue, following which Adeniyi noted that it was improper for Oluyede to make such “spurious allegation” without proof.
     Responding, Oluyede said althoigh the judge has taken the right steps, it was unfortunate that the applicant is the one to suffer.
    “It is equally bad that the EFCC has gone to this level. We know that it is behind the publications. This was not correct.
    “It is worrisome that this practice, of using the media, particularly Sahara reporters to malign judges into abdicating from matters is dangerous. It amounts to attacks on the rule of law and our democracy.
    “There should be an investigation as to the source of the Sahara Reporters’ story and appropriate sanctions against culprits no matter how highly placed.
    “On our part, we shall commence criminal contempt proceedings against the now known proprietors of Sahara Reporters and ensure they are deterred from this criminal use of their online medium,” Oluyede said.
  • Oronsaye diverted N190m using secret account – Witness

    Oronsaye diverted N190m using secret account – Witness

    A High Court of the Federal Capital Territory (FCT) heard Tuesday how former Head of Service of the Federation (HOSF), Steven Oronsaye allegedly diverted N190million belonging to the Federal Government.

    An operative of the Economic and Financial Crimes Commission (EFCC), Ngunnan Kakwagh told the court, while testifying as the first prosecution witness, that Oronsaye unilaterally operated an Access Bank account in the name of the Presidential Committee on Financial Action Task Force (PCFATF).

    Kakwagh testified shortly after Oronsaye was arraigned on a fresh two-count charge in which he is accused of committing the alleged fraud on June 12, 2013 and December 30, 2014 using his position as the then Chairman of the PCFATF.

    The witness said PCFATF existed between 2012 and 2014 and received payments from the Central Bank of Nigeria (CBN) through the account without the knowledge of other members of the committee.

    Kakwagh said Oronsaye received about N240m from the CBN through the account. She added that the defendant, in September 2013, also made “five structured payments” of N9m each, totalling N45m, into the account in one day.

    The witness said Oronsaye invested N190m in fixed deposit and converted it along with the accrued interest into personal use.

    Kakwagh, who was led in evidence by prosecution lawyer, O Uket, told the court that Oronsaye, as the sole-signatory to the account, equally issued cheques, in his name, to various individuals, who made withdrawals from the account.

    The witness, who said she was part of the team that investigated the petition against Oronsaye, said:”The team analysed the documents provided by the bank. One of the accounts was named the Presidential Committee on Financial Action Task Force (Current account) and the sole signatory is Mr. Stephen Oronsaye – the defendant.

    “The means of identification was the bio-data page of the international passport of the defendant. Further analysis of the statement of account (Access Bank), we found out that the account was opened in 2012 with the request from the defendant, to Access Bank, requesting that the account be opened, which he was the sole signatory as he chairman of presidential committee on FATF.

    “The (investigative) team found out that the account had been funded by three transfers from the Central Bank of Nigeria and N45m deposited by the defendant. The first transfer was for N50m in October 2012 from CBN. The second transfer was for N90m in May 2013. Then in September 2013, the defendant made five structured payments of N9m making N45m.

    “In 2014 however, the transfer of N100m was made into the account from CBN. The first N50m was withdrawn by a cheque. The defendant (Oronsaye) being sole signatory to the account, issued cheques, to various persons an in his name to make withdrawals from the account.

    “N100m transfer was also paid into fixed deposit account. The sums of N30m, N10m and three separate sums of N20m each was also paid into fixed deposit all on the same day,” she said.

    The witness told the court that PCFATF members and the office of the Accountant-General of the Federation denied knowledge of the Access Bank account and that the only account of the committee known to them was the one with the Zenith Bank Plc.

    “We invited Jalal Arabi (staff of the State House and Secretary to the PCFATF). When asked about the Access Bank account, he stated that the committee had an account with Zenith Bank of which he is a co-signatory with the defendant (Oronsaye) and as such he had no knowledge of the Access Bank account.

    “Mr. Francis Usani (as Head of the Nigerian Financial Intelligence Unit,), also stated that as member of the committee, he was only aware of the committee’s account with Zenith Bank.

    “The team wrote a letter to the office of the Accountant-General of the Federation. On inquiry, it was realised that the committee had approval from the office of the Accountant-General of Federation for Zenith Bank account and was known to the office of the AGF. The team also made inquiry whether government agencies were allowed to move funds allocated to them, and if so how and where?

    “Office of the AGF responded to our letter of inquiry, stating that the office of the Accountant-General of the Federation was unaware of Access Bank account of the committee and had not given any approval for the opening of the account. The reply also stated that government parastatals and agencies are only allowed to invest in treasury bills.”

    The witness also told the court that Oronsaye made other 26 investments with the money in the Access Bank account. She added that 22 of the investments were liquidated by the defendant.

    While being cross-examined by Oronsaye’s lawyer, Joe Agi (SAN) the witness said she did not inquire from the office of the AGF if it knew about the Zenith Bank account.

    Justice Olasumbo Goodluck adjourned to April 13.

    Justice Goodluck, before adjourning, rejected EFCC’s objection to Oronsaye’s bail application. She proceeded to grant Oronsaye bail at N10m with two sureties at N5m each.

    The judge directed that the sureties must be resident in Abuja and must be serving or retired civil servant not below the level of a director in the federal civil service o‎r its agencies.

    Justice Goodluck directed that Oronsaye’s passport tendered before a Federal High Court in Abuja, in relation to another case, should be submitted to her court in the event that the trial at the Federal High Court was concluded before the one before her court.