The Nation Newspaper

Tag: Economic and Financial Crimes Commission

  • Akingbola: Court to rule April 18 on documents’ admissibility

    The Federal High Court in Lagos Friday adjourned till April 18 for ruling on the admissibility of documents sought to be tendered in the trial of defunct Intercontinental Bank Plc Managing Director/Chief Executive Officer Dr Erastus Akingbola.

    The Economic and Financial Crimes Commission (EFCC) sought to tender through its third witness, Uyoyou Ewhe, an Access Bank official, statements of certain accounts domiciled in the bank.

    Prosecuting counsel Rotimi Jacobs (SAN) said he called Ewhe to tender the documents because the intended witness who was to tender them had left the bank and the country.

    Defence counsel Chief Woke Olanipekun (SAN) opposed the application.

    According to him, the documents were freshly sourced when it is the law that before a criminal case is initiated, investigations must have been concluded.

    “The prosecution was sourcing for evidence two days ago in a trial that started 10 years ago,” Olanipekun said.

    Citing a 1965 case of Enahoro and the Queen, Olanipekun contended that the prosecution could not substitute a witness.

    “You cannot substitute a witness in a criminal proceeding; substituting a witness amounts to sourcing for evidence contrary to the decision of the Supreme Court in the celebrated case of Enahoro against the Queen of 1965.

    “If you don’t have your witnesses, you don’t have your witnesses; you cannot substitute witnesses,” he said.

    He urged the judge not to admit the documents on the basis that they emanated from Access Bank, which he said was an interested party in Akingbola’s trial.

    “Section 83 of the Evidence Act prohibits admissibility of this type of document. We have addressed Your Lordship on the interest of Access Bank in this matter, which is undisguised.

    “This witness, the maker of this document, is an official of Access Bank. Put succinctly, this document is an Access Bank document.

    “I dare say, the documents were made as a result of evidence already given, maybe to patch up the evidence; it is a natural consequence which the court is called upon to assume.”

    But, Jacobs said the question of substituting a witness did not arise.

    He said even if it arose, the prosecution was not limited to the list of witnesses in the proof of evidence originally filed.

    He said the Supreme Court did not decide that witnesses cannot be changed in the case of Enahoro, which Olanipekun cited.

    Jacobs said by virtue of the Administration of Criminal Justice Act, the prosecution was at liberty to file additional evidence any time before judgment even if freshly made.

    He added that the documents were old statement of accounts of 1990.

    “It is just the letter covering the documents and the certificate showing compliance that are new. It is new bottle with the old wine,” Jacobs said.

    He stressed that the documents were relevant to the case.

    EFCC said Akingbola, between November 2007 and July 2008, “caused to be created a

  • EFCC arraigns three lawyers for alleged assault of its operative

    Three lawyers who allegedly assaulted an Economic and Financial Crimes Commission ( EFCC ) operative while trying to effect the arrest of a former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Yinka Farounbi, on March 4 were on Monday arraigned before an Ikeja Chief Magistrates’ Court for alleged assault.

    The defendants who are members of the NBA, Ikeja Branch are Lateef Abdulsalam, 55, Evans Okwuede, 45 and a female, Abiodun Kolawole, 48.

    They are facing a three count charge of conspiracy, resisting a public officer and assault before Chief Magistrate O. A Layinka.

    The lawyers were alleged to have assaulted a detective of the EFCC, Mrs Patience Kalu, on March 4 during the monthly meeting of the Ikeja Branch of the NBA at the Centre, Ikeja.

    Prosecuting Inspector Akeem Raji informed the court that the incident happened at 11 a.m., on March 4, during the monthly meeting of the Ikeja Branch of the NBA.

    Raji alleged that the defendants assaulted Mrs Kalu while trying to arrest Farounbi, over allegations of financial misappropriation.

    Akeem alleged that the defendants assaulted Kalu and inflicted injuries on her hand and neck.

    The defendants, however, pleaded not guilty.

    Chief Magistrate Layinka granted them bail in the sum of N100,000 each with one surety in like sum each.

    She ordered that the sureties must be lawyers and provide their NBA seal as proof.

    She adjourned the case until May 15 for mention.

  • EFCC recovers five exotic cars, laptops from ‘Yahoo Boys’ hideout

    No fewer than six suspected internet fraudsters were on Tuesday arrested when operatives of the Economic and Financial Crimes Commission (EFCC), Ibadan zonal office raided their suspected hideout at the Kolapo Ishola Estate, Akobo area of the Oyo state capital city.

    The early morning burst, according to sources in the commission, followed series of petitions from residents of the community detailing the alleged illegal activities of the suspects.

    Ranging between the ages of 24 and 30 years, the suspects are Tella Adefemi Ibrahim, Awoniyi Adeseye Abiodun, Oladele Olawale Wasiu, Olabiti Afeez Ajibola, Akeredolu Oluwafemi Temidayo and Oyaremi Olalekan Olabode.

    Read Also: Court orders EFCC to charge lawyer, ex-senator by March 28

    The EFCC source added that the series of intelligence gathered on them suggested that they are neck deep in fraudulent activities ranging from love scam to other forms of internet frauds through which they obtain money from unsuspecting victims.

    Items recovered for the suspects include five different models of exotic cars, laptops, mobile phones and several documents containing false pretences from the suspects.

  • N1.3trn public funds stolen in four years, says Magu

    A WHOPPING N1.3 trillion public funds were stolen by 32 entities (human and corporate) between 2011 and 2015, Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu has said.

    Magu made the revelation yesterday in his keynote remarks at the opening of the 2019 First Batch Conversion Training Programme to Procurement Cadre for Federal Parastatal and Agencies.

    The event was organised by the Bureau of Public Procurement (BPP) in Lagos.

    The EFCC chair, whose paper was delivered by the Commission’s Secretary, Ola Olukoyede, decried the impact of the huge financial loss on the country.

    He said: “One third of this money, using World Bank rates and cost, could have comfortably been used to construct well over 500km of roads; build close to 200 schools; educate about 4000 children from primary to tertiary levels at N25 million per child; build 20,000 units of two-bedroom houses across the country and do even more.

    “The cost of this grand theft, therefore, is that these roads, schools and houses will never be built and these children will never have access to quality education because a few rapacious individuals had cornered for themselves what would have helped secure the lives of the future generations, thereby depriving them of quality education and healthcare, among others.”

    He identified the poor state of procurement process as one of the major reasons corruption continued to thrive in government agencies and parastatals.

    Magus listed some of the fraudulent practices in procurement process in Nigeria to include: kickbacks, conflict of interests, fraud in the bidding process, bid suppression, collusive bidding, bid rotation and market division.

    Others, according to him are: co-mingling of contracts, change order abuse, cost mischarging, defective pricing, false statement and claim, phantom vendors, product substitution, unnecessary purchases and purchases for personal use or resale.

    The EFCC chair noted that the training was aimed at giving the participants the tools, knowledge and understanding they would need to carry out their duties in their respective places of primary assignments in an efficient and transparent manner.

    “I sincerely hope that at the end of this training, we will see a few cases of financial propriety in our procurement processes in government agencies and parastatal. Indeed, corruption could kill Nigeria, if we do not scale up our proficiency in contract and procurement management process,” Magu said.

    Read also: Magu: Looters now stash funds in Seychelles, South Africa, Niger, Ghana

    Giving insights into what necessitated the establishment of the EFCC in 2003, he said: “The establishment of the EFCC in 2003 was because of the determination of the Federal Government to combat fraudulent activities of some Nigerians and foreigners, mismanagement in the economic sector, corruption by public officials and lack of accountability and transparency in government dealings.”

    Magu expressed confidence that Nigeria still has patriotic and credible individuals who would do all within their abilities to uphold the credibility and honesty required for leadership in public offices.

  • N1.3trn stolen in four years by 32 entities—Magu

    The Acting Chairman of the Economic and Financial Crimes Commission, EFCC, Ibrahim Magu on Monday said public funds stolen by 32 entities (human and corporate) between 2011 and 2015 was well over N1.3 trillion.

    Magu disclosed this in his keynote address at the opening ceremony of the 2019 First Batch Conversion Training Programme to Procurement Cadre for Federal Parastatal and Agencies, organised by the Bureau of Public Procurement (BPP) in Lagos on Monday, March 25, 2019.

    In the paper delivered on his behalf by the Commission’s Secretary, Ola Olukoyede, Magu decried this huge financial loss on the country.

    He said: “One third of this money, using world bank rates and cost, could have comfortably been used to construct well over 500km of roads; build close to 200 schools; educate about 4000 children from primary to tertiary levels at N25million per child; build 20,000 units of two-bedroom houses across the country and do even more.

    “The cost of this grand theft, therefore, is that these roads, schools and houses will never be built and these children will never have access to quality education because a few rapacious individuals had cornered for themselves what would have helped secure the lives of the future generations, thereby depriving them of quality education and healthcare, among others.”

    He said the poor state of procurement process in Nigeria was one of the major reasons why corruption has continued to thrive in government agencies and parastatal.

    He identified some of the fraudulent practices in procurement process in Nigeria to include: kickbacks, conflict of interests, fraud in the bidding process, bid suppression, collusive bidding, bid rotation and market division.

    Others, according to him, are: co-mingling of contracts, change order abuse, cost mischarging, defective pricing, false statement and claim, phantom vendors, product substitution, unnecessary purchases and purchases for personal use or resale.

    Magu expressed confidence that Nigeria still has patriotic and credible individuals who would do all within their abilities to uphold the credibility and honesty required for leadership in public offices.

  • Breaking: Onnoghen likely to face fresh criminal charges

    The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, may face two fresh trials on alleged huge deposits on his accounts.

    There were indications that Onnoghen might be tried for alleged several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.

    The latest cases also border on alleged strange deposits in his accounts and cash gifts from some Senior Advocates of Nigeria( SANs).

    It was learnt that the Federal Government has delayed the arraignment of the CJN in deference to the constitutional provisions on the National Judicial Council (NJC).

    The constitution stipulates that such allegations against a judicial officer should first be presented to the NJC.

    The Economic and Financial Crimes Commission (EFCC) has submitted a petition and a comprehensive report on Onnoghen’s accounts to the NJC.

    A top government official, who spoke in confidence with select newsmen, said there are three dimensions to the allegations against Onnoghen.

    He said apart from the trial of Onnoghen at the Code of Conduct Tribunal (CCT), there might be two other cases against him.

    The source said the suspended CJN might be arraigned before a High Court of Justice very soon.

    The source said: “When President Muhammadu Buhari decided to suspend Chief Justice Walter Onnoghen on the 25th of January, 2019, it was in response to serious allegations of irregularities, illegalities and criminal conduct contained in petitions submitted against the top judicial officer, and indeed some findings of the Economic and Financial Crimes Commission (EFCC), which not only substantiated those petitions but threw up even more damning facts.

    “Since then, there have been several public revelations and judicial proceedings which are sometimes confusing to members of the general public.”

     “For clarity, there are two different cases currently ongoing before constituted panels and a separate ethical issue in the public domain,

    “The first point of focus has been the failure of the Chief Judge to declare his assets immediately after taking office and every four years thereafter, as required by the 1999 Constitution, which is the supreme law of the land, and the Code of Code of Conduct Bureau and Tribunal Act.

    “This particular illegality has been admitted in writing by the Chief Justice himself and is a matter for criminal prosecution now before the Code of Conduct Tribunal (CCT).

    “But we must note that because of its specialised nature, CCT has a narrow jurisdiction and the case before it is confined to the issues of asset declaration, failure to declare assets as required by law and false declaration of assets.

    “That is what the CCT had been hearing since charges were first filed against the CJN on the 10th of January, 2019.

    “The prosecution recently closed its case and lawyers to the suspended CJN are now to open the defence or make a no case submission. Just for clarity, it is worth emphasizing that the CCT will only treat issues relating assets declaration.”

    Read also: Onnoghen: No allegations of $3m, 55 houses before tribunal – Prosecutor

    The source gave insights into the new cases against the suspended CJN.

    He added: “The more interesting aspect of the suspended CJN’s dilemma involves allegations of several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.

    “It is alleged, for instance, that the suspended CJN is the owner of some domiciliary accounts primarily funded through US dollar cash deposits made by himself.

    “More disturbing is the pattern of deposits which, according to EFCC, were made in a manner inconsistent with financial transparency and the code of conduct for public officials.

    “These include instances of repeated cash deposits of 10,000 US dollars each, totaling close to two million dollars.

    “These serious allegations would ordinarily have gone to the High Court for prosecution, but for a case precedent which stipulates that such allegations against a judicial officer should first be presented to the National Judicial Council, more or less an internal disciplinary panel for erring judicial officers, before being prosecuted in a criminal court.

    “The allegations of unexplained wealth, huge cash deposits being made into the suspended CJ’s Naira, dollar and pound sterling accounts directly from the court and well beyond his estacode and other allowances; unexplained payments into the suspended CJN’s account by lawyers who at the same time were appearing before him for adjudication, etc, are currently being handled by the NJC and would be filed in court after the NJC has made its decision on them.”

    Responding to a question, the top source said: “We must not miss the point that EFCC is also a petitioner against the suspended CJN.

    “After carrying out an extensive investigation, some of the findings submitted by the Commission are truly shocking.

    “For instance, there are findings to the effect that the CJN allegedly received a Mercedes Benz car and dollar cash deposits from Joe Agi, appearing, who is a Senior Advocate.

    “Worse still, the CJN is shown to have received cash gifts directly into his bank accounts from several other senior advocates.

    “These implicating cash transactions were going on, in dollar and Naira, even up to 2017 and 2018.

    “Even as the world eagerly awaits the decision of NJC on these matters, it is pertinent to emphasize that the conclusion of the cases before the CCT and NJC is not likely to be the end of the matter. Criminal charges are still to be filed in court.”

  • U.S. Report over anti-graft war false, says EFCC

    The Economic and Financial Crimes Commission (EFCC) yesterday faulted a report by the United States alleging that Nigeria has made little progress in fighting corruption.

    It said it has secured 943 convictions between 2015 and 2018.

    The commission also said it has recovered N676, 522, 889, 647.05; $254, 563, 877.27  £486, 736.82 Pound; €8, 136, 071. 80, 931, 500;  CFA 3, 729.50;  RMB/YUAN; 452, 175 DIRHAM; 90, 956SR; 117, 004 CAD$ (ONE Hundred and Seventeen Thousand and Four Canadian Dollar); 120, 141.50 YEN; 5, 000Francs and 2, 000 Ruppies.

    It said the historic trial of prominent major oil companies- Shell and ENI in Milan, Italy by the public prosecutor over Malabu Oil Block was made possible by the political will of President Muhammadu Buhari and dexterity of the EFCC.

    It said for the first time in the history of Nigeria, ex-First Lady Patience Jonathan forfeited $8, 400, 000 traced to her by the EFCC and believed to be proceeds of illegal activities.

    The EFCC said  judging by the way it has prosecuted its cases from the High Court to the Court of Appeal up to the Supreme Court, the commission is by far the major contributor to case law and jurisprudence in Nigeria.

    It  said no fewer than 10 countries on March 18, requested for Mutual Legal Assistance (MLA) with the commission following the nation’s anti-graft war success.

    It said strong US agencies, especially the Department of Justice and the Federal Bureau of Investigation (FBI), the US Securities and Exchange Commission, Post and Telecommunications Department and the Financial Crimes Enforcement Network (FinCEN) have very strong collaboration with the EFCC

    The commission made the clarifications in a statement by its management against the backdrop  of a recent report by the US Department of Democracy, Human Rights and Labour.

    The statement said: “The attention of the Economic and Financial Crimes Commission (EFCC) has been drawn to a misleading report of the United States Department of Bureau of Democracy, Human Rights and Labour over Nigeria’s anti-graft war, published on March 17, 2019 entitled: “Nigeria: Massive, Pervasive Corruption At All Levels of Govt – US Report”.

    “The report, among other things, said that ‘there is a climate of impunity in the President Muhammadu Buhari government that allows officials to engage in corrupt practices with a sense of exemption from punishment’.

    “The Bureau, in its Country Reports on Human Rights Practices for 2018, said Nigeria had made little progress in efforts to limit corruption in its public service. This report is not only outdated and false but misleading.

    “The report is unfounded on the grounds of Nigeria’s remarkable achievements in the last four years as the war against corruption is on course.

    “The EFCC’s commitment to the fight against corruption in the last four years is not in doubt to any discerning and genuinely concerned observer. This commitment is benchmarked by the unprecedented record of convictions, non-conviction based forfeiture and stolen assets recovery.

    “We are surprised that the US report could ignore or downplay our convictions in such a brazen manner when it claimed that the EFCC secured only 13 convictions in 2016. That is false and far from the truth.”

    The EFCC laid the cards on the table on how it has secured 943 convictions between 2015 and 2018.

    It added: “For the avoidance of doubt, the EFCC has secured 943 convictions since 2015 till date. The agency recorded 103 convictions in 2015, secured 195 convictions in 2016, got 189 convictions in 2017.

    ‘ It is important to state that the EFCC secured 314 convictions in 2018 including two former state governors who were sentenced to 14 years imprisonment without option of fine.

    ‘It is instructive to note that the two former governors serving their jail terms in prison are members of the ruling All Progressive Congress (APC). The Commission has so far recorded 142 convictions as at March 19 this year. These are verifiable facts.

    “We wish to state unequivocally that these convictions being celebrated included high profile persons among who were top ranking military personnel and other politically exposed persons.

    “It is instructive to state that no other agency in Africa has this record of convictions and recovery of stolen assets which were achieved in spite of great encumbrances faced by the Commission in the discharge of its assignment as it has come to be known that when you fight corruption, corruption fights back.”

    On the cash recovered from looters, the EFCC said it was more than N676.5billion and $254million, among others.

    The statement said: “ “Indeed, the EFCC has revolutionized the process of assets tracing and recovery. From the available records, the Commission recovered assets worth several billions of naira and different foreign currencies between 2015 and 2017.

    “Breakdown of the recoveries for the three year period (2015- 2017) show that N676, 522, 889, 647.05; $254, 563, 877.27; 486, 736.82 Pound; Euro 8, 136, 071.13; 80, 931, 500 CFA; 3, 729.50 RMB/YUAN; 452, 175 DIRHAM; 90, 956SR; 117, 004 CAD$ ; 120, 141.50 YEN; 5, 000Francs and 2, 000 Ruppies.

    “In 2018 alone, various sums amounting to billions in Naira and other foreign currencies were also forfeited to the Federal Government through the unrelenting efforts of the EFCC.

    “The sums are: N171, 131, 700, 541.17; $14, 490, 174.49; 873, 278. 09 Pounds ; 298, 055 Euros; 391, 838 Riyals and 10, 135 Dirham.”

    “ These recoveries are unprecedented as no other agency can boast of such record.”

    The EFCC insisted that it has followed the Rule of law in prosecuting its cases.

    It said: “Judging by the dexterity with which the Commission has prosecuted its cases from the High Court to Court of Appeal up to the Supreme Court, the Commission is by far the major contributor to case law and jurisprudence in Nigeria. The major Law Reports are replete with successfully concluded cases by the Commission. Again, these facts are verifiable!”

    The EFCC listed some landmark recoveries which it recorded through due compliance with the Rule of law.

    It said:  “As a quick reminder, the Supreme Court of Nigeria had on Friday, March 8, 2019 in a unanimous judgement, dismissed the appeal of a former First Lady and wife of former President Goodluck Jonathan, Patience, against the interim forfeiture order of a Federal High Court, Lagos, for $8, 400, 000 (Eight Million Four Hundred Dollars) traced to her by the EFCC and believed to be proceeds of illegal activities.

    “Subsequently, on March 14, 2019, the Supreme Court dismissed another application by Mrs. Jonathan, seeking to upturn the interim forfeiture order by a Federal High Court, Lagos placed on the sum of N2.4 billion linked to her.

    “Also of interest is the fact that the former Chief of Defence Staff, the late Alex Badeh forfeited six choice properties and $1, 000,000 (One Million Dollars) to the Federal Government, few days ago on the order of Justice Okon Abang of the Federal High Court, Abuja.

    “It could also be recalled that the EFCC on Friday, March 1, 2019, secured the final forfeiture of the sum N732.85 million being proceed of fraud perpetuated by 17 individuals in the Presidential Amnesty Programme Office. These are no rhetoric, but hard facts!

    “We further wish to state that in the area of convictions, Air Vice Marshall Tony Omenyi (retd), was jailed by Justice Nnamdi Dimgba of a Federal High Court, Abuja, on Thursday, February 28, 2019.  He was found guilty of the amended three-count charge brought against him by the EFCC and was sentenced to seven years imprisonment without an option of fine.

    “Justice Dimgba, also ordered Huzee Nigeria Limited, a concern owned by Omenyi being a corporate entity to forfeit N60, 000, 000 (Sixty Million Naira) to the Federal Government.

    “The prowess of the EFCC’s investigative power is worthy of note in the celebrated Malabu’s case. The historic trial of prominent major oil companies- Shell and ENI in Milan, Italy by the public prosecutor was made possible by the political will of President Muhammadu Buhari and dexterity of the EFCC.

    “The comprehensive investigation of the commission and evidence generated in prosecuting the corrupt deal formed part of documents used in prosecuting the criminal aspects of the notorious deal by the Milan prosecutor.

    “The EFCC recorded another first in Africa with its prosecutor appearing in the Milan trial as a witness, the first of such to happen in Italian prosecution.

    “Some individuals including an Italian, Gianlura Di Nardo and a Nigerian, Emeka Obi, were last year convicted in the matter while the Dutch prosecutor just recently notified Shell of his readiness to prosecute the oil giant over the controversial deal.”

    The EFCC described the US report as a disservice and  full of inaccuracies.

    “From the foregoing, it is clear that the report authored by the American agency has done a great disservice to the work of the EFCC in particular and the fight against corruption under the leadership of President Buhari, an administration that is globally acknowledged for the enormous political will it has brought to the fight against corruption in Nigeria.

    ”We are conscious of our past with previous government officials’ involvement in corrupt practices with impunity but that history is being re-written by this government and the commission.

    “The rest of Africa appreciate the administration’s work in terms of fighting corruption in Nigeria which was the impetus behind the designation of President Buhari as the Anti- Corruption Champion early last year by the African Union (AU). In that capacity, President Buhari is saddled with the responsibility of leading the rest of Africa out of the corruption quagmire.

    “At the level of the EFCC, the Acting Chairman of the commission, Mr. Ibrahim Magu, attained the leadership of the Heads of Anti- Corruption Agencies in Commonwealth Africa (HACACA) in May 2018. This was based on his antecedents and acknowledged track records in the fight against corruption.

    “There can be no greater validation of the revolutionary impact of the fight against corruption in Nigeria in the last four years than these milestones achievements. But for those who cannot see any good in what Nigeria is doing, it is better to leave the country alone than distract it with bogus reports, “ it added.

     

     

     

  • Patience Jonathan’s $5.7m, N2.4b forfeiture case adjourned

    The Federal High Court in Lagos yesterday ordered parties file affidavits on what transpired at the appellate courts in a forfeiture case initiated by the Economic and Financial Crimes Commission (EFCC) against ex-First Lady Dame Patience Jonathan.

    Justice Mojisola Olatoregun, on April 26, 2017, ordered the temporary forfeiture of $5.7million and N2,421,953,522.78 allegedly belonging to Mrs Jonathan.

    She made the order based on an ex-parte application by EFCC.

    The N2.4billion was found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd, the commission said.

    Following the temporary forfeiture, Mrs Jonathan, through her lawyer Chief Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), appealed.

    The Court of Appeal, last January 12, upheld the temporary forfeiture.

    Dissatisfied, Mrs Jonathan appealed to the Supreme Court.

    The Supreme Court, on March 15, affirmed the Court of Appeal judgment, directing the appellant to return to before Justice Olatoregun to show cause why the money should not be permanently forfeited to the Federal Government.

    The Supreme Court also rejected her prayer to strike down the provisions of Section 17 of the Advance Fee Fraud Act, which EFCC relied on in filing the application.

    Yesterday, Adedipe informed Justice Olatoregun about developments at the Supreme Court.

    The judge then directed parties to file the affidavits.

    EFCC said it found the $5.7million in an account numbered 2110001712 with Skye Bank Plc in Mrs Jonathan’s name.

    In an affidavit in support of the ex-parte originating summons, an EFCC operative, Musbahu Yahaha Abubakar, said Mrs Jonathan opened the Skye Bank account on February 7, 2013.

    “Upon the opening of the account, several huge cash deposits in dollars were made to the account.

    “One Dudafa Waripamo Owei who was the Senior Special Assistant to the former President was one of the frequent depositors in the account.

    “Another frequent cash depositor of funds reasonably suspected to be proceeds of unlawful activities into the account is one Festus Iyoha, a steward at the State House, Abuja,” the deponent said.

    The EFCC investigator said Iyoha also made deposits with fictitious names.

    Abubakar said between February 8, 2013 and January 30, 2015, the sum of $6,791,599.64 suspected to be proceeds of unlawful activities was deposited into the account in cash.

    He said Mrs Jonathan had dissipated part of the funds, leaving a balance of $5,731,173.55.

    “If this fund is not forfeited in the interim, the operator of the account, Mrs Dame Patience Jonathan, will fully dissipate it,” the investigator said.

    On the N2.4billion, the operative said the commission also traced the money to the Ecobank account following suspicions that it was a proceed of crime.

    He said the “purported” signatory to the account was one Ada Ifegbu, with a telephone number belonging to one Esther Oba.

    The EFCC operative said the N2.4billion “were substantially the naira equivalent of the United States Dollars given to one Chima Nwafor John of Ecobank Nigeria Ltd by one Esther Oba at the Aso Rock Villa.”

    He said it was John who contracted bureau de change operators to convert the money to naira and deposit it to La Wari Furniture and Baths Ltd’s account.

    Justice Olatoregun adjourned until May 8.

  • Fireworks in Fayose’s trial as judge, EFCC’s lawyer clash

    There were fireworks at the Federal High Court in Lagos yesterday as Justice Mojisola Olatoregun accused a prosecuting counsel Mr Rotimi Jacobs (SAN) of being “incompetent” and “extremely rude”.

    The judge accused Jacobs of engaging in jankara practice, but the Senior Advocate said he took “exception” to being described in such terms.

    He said it was the first time he would be so described by any judge in all his years of legal practice.

    The exchange occurred in the trial of former Ekiti State Governor Ayo Fayose.

    The Economic and Financial Crimes Commission (EFCC) accused Fayose of receiving and keeping N1.2billion and $5million allegedly stolen from the Office of National Security Adviser (ONSA) contrary to the Money Laundering Act. Fayose pleaded not guilty.

    The exchange occurred after the cross-examination of the 10th prosecution witness, Maroun Mechleb, who is the Chief Executive Officer of an Akure, Ondo State-based construction firm, Samchase Nigeria Limited.

    The witness testified that he handled several contracts for Ekiti State, which he said were facilitated by Fayose’s aide, Abiodun Agbele.

    He said there was a gentleman’s agreement that he would appreciate Agbele for every contract he facilitated.

    He said he gave Agbele N132.5million on one occasion as “appreciation” for an unspecified contract he facilitated.

    In one of the counts of the charge, EFCC alleged that Fayose acquired chalets 3 and 4, 6 and 9 on Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos in the name of JJ Technical Services Ltd with N1,151,711,573.

    Mechleb told the court that he and his brothers, who testified earlier, also ran J.J Technical Services, but that the firm was unable to get a job from the state.

    The witness said he once lied to the EFCC about owning a property based on Agbele’s instructions in a bid to help “a friend”.

    His words: “Mr Agbele asked for a company we can use to get a job. I gave the name (J.J. Technical Services) to Abiodun Agbele to help get a job for the company.

    “Mr Agbele bought a property and put it in the company’s name. He gave me the documents of the property to sign. I cannot read English properly, but I just signed the documents,” Mechleb said.

    Jacobs asked him: “Did you know what the documents were about?”

    The witness said: “It was later that I got to know that the documents were about a property and I had to contact Mr Agbele.”

    On how he came to pay Agbele N132.5million, Mechleb said: “I had an agreement with Agbele that I would appreciate him. He gave me an account to send the money, which I have done.

    “He told me that I have one house, because I paid N132.5million to him. The truth is that the house does not belong to me but to Mr Agbele.

    “After I made the first statement at EFCC, my lawyer asked me to go back and say the truth.”

    Asked what he knew about Agbele, the witness said: “I know he was the one helping to facilitate the jobs. We agreed that when he gets the job for me, I will appreciate him.

    “We did not specify the amount, but it’s around 10 per cent.”

    Under cross-examination by defence counsel Mr Ola Olanipekun (SAN) (for Fayose) and Olalekan Ojo (SAN) (for Fayose’s co-accused Spotless Ltd), Mechleb said: “In making the first statement, I did not say the truth. I was trying to help my friend. I can lie to help a friend.

    “I later obeyed my conscience and went back to EFCC to say the truth.”

    Read also: Court seals Access Bank, Diamond Bank merger

    The witness said the contracts Agbele got for him were undocumented.

    “We were given about six or seven contracts by Ekiti State. The contracts Agbele got for me were not in writing. The description of what I was to do was given to me verbally.”

    He also said he never interacted directly with Fayose. “My interactions were with Mr Agbele, no more, no less,” he said.

    During cross-examination, Olanipekun tendered parts of Mechleb’s statements at EFCC.

    When Jacobs sought to tender the remaining part during his re-examination of the witness, Olanipekun and Ojo objected on the basis that Jacobs could not tender a statement at the re-examination stage.

    Justice Olatoregun upheld the objections, but added that Jacobs could “have another bite at the cherry” by tendering it later. She did not mark the document as rejected.

    Read also: Atiku queries Buhari’s qualification

    But the judge took offence when Jacobs made reference to a submission by Ojo during his objection.

    Justice Olatoregun said: “Mr Jacobs, you dare not! You are not competent to look into my ruling, to evaluate my ruling. You are totally incompetent, whether you are a Senior Advocate or not.”

    Jacobs said: “I was not referring to Your Lordship’s ruling.”

    Justice Olatoregun said: “You are going beyond your bounds. Do not let me trash your practice. Listen to me, if you re-evaluate my rulings in this court, you’ll get into trouble.

    “You can only go on appeal, Mr Jacobs. Your mode of advocacy, I do not understand it. It looks like what do they call it?… Jankara market practice.”

    Jacobs: “Thank you my Lord”.

    Judge: “You stand here to reevaluate my ruling; you are incompetent to do that. If you have any re-examination, you do that. If you do not have, call your next witness, or you take a date.”

    Jacobs: “I’m grateful to your Lordship. Thank you my Lord.”

    Judge: “You do not stand there with impetus and reevaluate my ruling. I have ruled, relying on two sections of the Evidence Act.

    “If you have an objection to that, you go on appeal. You have no competence, carrying your wig with arrogance, and we have a lot of young lawyers here. What are you teaching them?

    “You stand up to a judge and re-evaluate the ruling of a judge. It cannot happen in my court!

    “Re-examine your witness; if you are not re-examining him, then close your case.”

    Jacobs: “My Lord, I did not refer to Your Lordship’s ruling. I never said a word about Your Lordship’s ruling.”

    Judge: “I do not take tangential comments here. You are fond of doing that. You are an extremely rude senior advocate.

    “If you are a senior advocate, you are not older than me at the Bar and you are not older than me in age. In Yoruba land, we respect age. And in this job, we have what they call professional ethics and respect for each other.”

    Jacobs: “I have offered respect to My Lord.”

    Judge: “You have never offered it.”

    Jacobs: “For My Lord to say that I am jankara practice lawyer…”

    Judge: “Yes, I am saying it. When you finish here, you can write a petition to the NJC (National Judicial Council). I’m saying it, and I’m not going to withdraw it. I have said it. Go and do whatever you like

    “I have called you into chambers and I told you what you’re doing which is not right. You do not just ridicule yourself here, and you have not stopped.”

    Jacobs: “I’ve been in this job for a while. I have appeared before several judges, from the lower court to the Supreme Court. No judge has ever called me a jankara practitioner.”

    Judge: “I do not want to know. I do not want to know how many years…”

    Jacobs: “I never engaged in jankara practice, and I take exception to that word, jankara practice.”

    Judge: “Now, are you re-examining your witness?”

    Jacobs: “Yes, I am. But I take exception to that word, jankara practice. I take full exception to it.

    “I do my job according to my conscience; I will never pervert the course of justice; I will never call any witness to come here and lie against another person. I fear God. But for one to suppress truth, I will fight against it.”

    Two other Lebanese, Goshen Joseph and Joseph Mechleb, earlier testified that J.J. Technical Services had no jobs and never got any from Ekiti State.

    A lawyer, Mr Kennedy Osunwa, earlier testified that he was engaged to prepare a deed of assignment for a property on 100, Tiamiyu Savage, Victoria Island, Lagos.

    He said: “Sometime in 2014/2015, a company that I had retainership with as a tenant solicitor (Still Earth Ltd) called me and said they had acquired some properties lying at 100, Tiamiyu Savage, Victoria Island, and that they had concluded arrangement to sell some because they had a buyer.

    “The particulars of the buyer were given to me to prepare a deed of assignment. I was told that one Abiodun Agbele with a company, J. J Technical, were buying the property.”

    Justice Olatoregun adjourned until April 15 for continuation of trial.

  • A witness and evidence

    Former Minister of State for Defence Musiliu Obanikoro’s answer to a question in court prompted other questions. Obanikoro, a witness of the Economic and Financial Crimes Commission (EFCC) in the ongoing trial of former Ekiti State governor Ayo Fayose, can be described as a star witness.

    A March 20 report said: “Under cross-examination by counsel for Spotless Limited, Fayose’s co-accused, Mr Olalekan Ojo (SAN), Obanikoro said there was no documentary evidence to back up all he said in court. Ojo asked him: “Did you produce any evidence to back any of your assertions before this court?” Obanikoro answered: “No.” This happened at the Federal High Court in Lagos.

    Fayose is on trial for allegedly receiving and keeping N1.2 billion and $5 million allegedly stolen from the Office of the National Security Adviser (ONSA), contrary to the Money Laundering Act.  Obanikoro had allegedly delivered the money to Fayose to fund the former governor’s 2014 governorship campaign.   The EFCC listed Obanikoro as one of 22 witnesses to testify in the trial.

    Before the trial, in 2016, while Obanikoro was being questioned by the EFCC in connection with the distribution of over N4billion taken from the ONSA, he was quoted as saying: “Out of N4.685billon transferred to Sylva McNamara Limited, N3.880billion was transferred to both Ayodele Fayose and Senator Omisore through cash and bank transfers. The dollars contents were handed over to Fayose personally by me in the presence of some party leaders and he collected it and took it to the room next to where we were all seated.”

    Fayose had pleaded not guilty when he was arraigned on an 11-count charge last October. Obanikoro’s testimony was supposed to show that Fayose is guilty. The question is: Can this happen without “documentary evidence?”

    The lawyer’s question, Obanikoro’s response, and Fayose’s claim that he isn’t guilty, present an interesting picture. It suggests that this is a matter of Obanikoro’s word against Fayose’s.

    Obanikoro’s admitted failure to produce any evidence to back any of his assertions before the court could be problematic. Of course, there are other EFCC witnesses in the trial. However, it remains to be seen how Obanikoro’s non-presentation of evidence may affect the final outcome of the trial.

    From the look of things, Obanikoro never expected a day when he would be expected to provide corruption-related evidence against Fayose in court. Their corrupt collaboration, which Obanikoro testified to, will haunt them.