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Tag: Economic and Financial Crimes Commission

  • EFCC: No evidence that N1.6b was transferred to Jonathan’s church

    The Economic and Financial Crimes Commission (EFCC) on Tuesday said there was no evidence that ex-President Gooluck Jonathan’s former aide Dr Waripamo-Owei Dudafa transferred part of the N1.6billion he was accused of concealing to a church.

    It said contrary to Dudafa’s claim, the money was actually transferred to his company.

    Dudafa had claimed on Monday in his evidence-in-chief that the money was raised for a church courtesy of former President Jonathan.

    He had said: “From my interactions with former President Goodluck Jonathan, I know that the funds were proceeds of a launching by the Anglican Communion of Otuoke community for the building of St. Stephens Youth Development Centre, Otuoke.

    “The launching, which was done in Lagos on the 16th of March, 2013, was organised by the former president as a member of the Anglican Communion and the grand patron.”

    But during cross examination on Tuesday, prosecuting counsel Rotimi Oyedepo dared Dudafa to show evidence that any part of the N1.6billion lodged in the Heritage Bank account of Avalon Global Property Development Company Limited was transferred to the church.

    But, Dudafa said only Jonathan could explain.

    Oyedepo showed Dudafa the statement of account and asked him indicate if there was any money transferred to the church.

    Dudafa said: “From Exhibit B (the account statement), no fund was transferred to the Anglican Communion of Otuoke Community. I can’t see it.

    “It couldn’t have been because only the former President could have given directive on what to do.”

    Asked to name the Bishop of the Anglican Communion of Otuoke Community, Dudafa said: “I don’t know; I only related with the former President.”

    Oyedepo pointed out from the statement of account that N30million was transferred on November 25, 2013 to The Jakes Fast Food and Restaurant, in which Dudafa had the highest share and which he also chaired.

    Read Also: EFCC investigates oil firm over alleged N184m fraud

    The EFCC lawyer also showed Dudafa the statement of account of The Jakes Fast Food and Restaurant with the Guarantee Trust Bank.

    “It is correct that as of today, the funds that are in the account of The Jakes, paid by a Bureau De Change operator, Murtala Bashir, is in excess of N500millio,” Oyedepo said.

    Oyedepo also pointed out that N30million was transferred between December 21 and 22, 2015 to the law firm of Mr Habila Sylvanus, who is an uncle to Dudafa, among others.

    Dudafa denied having anything to do with the Office of National Security Adviser or Central Bank of Nigeria (CBN).

    Led in evidence by his lawyer Mr. Gboyega Oyewole (SAN), Dudafa said he never had any interaction with former National Security Adviser Col. Sambo Dasuki (rtd).

    He said his failure to fill the Assets Declaration form at the EFCC while being detained was due to the commission’s refusal to state the nature of his offence.

    He added that he did to fill the Asset Declaration form because he was not a public officer as he was not paid salary from the public accounts.

    He said: “I did not conspire to conceal any money, as the sources of the money are clear. I had no intention whatsoever to hide anything,” he said.

    Dudafa claimed that he ran De Jakes Fast Food even before his appointment by the former President, and that the company’s daily turnover between 2005 and 2011 was between N5million to N7 million daily.

    The EFCC arraigned Dudafa and a banker Iwejuo Joseph Nna on June 11, 2016 on a 23-count charge of conspiracy to conceal proceeds of crime amounting to N1.6 billion.

    EFCC said they used different companies to launder the money between June 2013 and June 2015.

    Justice Mohammed Idris adjourned until Friday.

  • Diezani ‘bribe’: INEC chiefs seek case transfer

    A former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State Mr Christian Nwosu on Thursday said Justice Mohammed Idris lacks the jurisdiction to try him.

    He said the judge ought to transfer the case to another judge having been elevated to the Court of Appeal.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Nwosu at the Federal High Court in Lagos for allegedly accepting gratification from former Minister of Petroleum Resources Mrs Diezani Alison-Madueke (“still at large”).

    He was re-arraigned along with Tijani Bashir before Justice Idris.

    They were charged with another INEC official Yisa Adedoyin, who pleaded guilty to the offence and was convicted following a plea bargain.

    Nwosu had initially pleaded guilty to receiving N30million bribe from Mrs Alison-Madueke to rig the 2015 general election results, but he changed his plea to not guilty.

    EFCC said they allegedly conspired to directly take possession of N264,880.000, which they reasonably ought to have known forms part of an unlawful act – gratification.

    They also allegedly made cash payment of N70,050,000 to Adedoyin, which exceeds the amount authorised by law without going through a financial institution.

    Read Also: Court forfeits N325.4m land linked with Diezani

    Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he reasonably ought to have known forms part of gratification.

    Bashir was also charged with indirectly retaining and concealing N30million, being part of the proceeds of an unlawful act: “criminal misappropriation”.

    The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.

    EFCC had earlier closed its case before the charge was amended.

    Rather than open their defence, Nwosu and Bashir made no-case submissions, urging the court to discharge and acquit them.

    But Justice Idris dismissed the no-case submissions.

    Yesterday, the defendants, through their lawyers Victor Opara (for Nwosu) and Nelson Umoh, prayed that the case be re-assigned to another judge.

    They argued that there was no provision in the Constitution that empowers the judge, upon his appointment and confirmation as a Justice of the Court of Appeal, to double as a judge of the Federal High Court.

    “A Justice of the Court of Appeal of Nigeria cannot deliver, make pronouncement, recommendation, decision and or judgement on matters pending before the Federal High Court of Nigeria.

    “The constitutional elevation of my lord cannot be circumscribed by Section 396 (7) of ACJA”, Opara said.

    But Oyedepo emphasised that the prosecution had already closed its case before the judge’s elevation.

    He said the judge is eminently qualified to continue with the “part-heard” case as defined in Section 494 of the Administration of Criminal Justice Act (ACJA) 2015.

    “Section 396 (7) of ACJA gives my lord ‘special dispensation’ to hear and determine part-heard cases which is applicable in this circumstance.

    “There is nothing in the Constitution that specifically restricts or prohibits the granting of ‘special dispensation’ to hear and conclude a part-heard criminal matter by an elevated judge.

    “The provision of Section 396 (7) of ACJA is merely complementary to the Constitution and is not inconsistent with it,” Oyedepo said.

    Justice Idris adjourned until August 27 for ruling.

     

  • EFCC’s winning ways

    In six months, the Economic and Financial Crimes Commission (EFCC) has secured 139 convictions. The convicts include two former governors and a Senior Advocate of Nigeria (SAN). ROBERT EGBE highlights some of the cases.

    The number is out. The Economic and Financial Crimes Commission (EFCC) secured 139 convictions between January and June.

    If it continues this way, it may beat its 2017 convictions of 189 and 195 in 2016. Already, it has surpassed the 2015 figure of 103.

    The convictions appear even more impressive when the identities and jail terms of some of the convicts are considered: A cleric and former  Taraba State Governor, Rev Jolly Nyame, bagged 14 years’ imprisonment, same as a serving Senator and a former Plateau governor, Joshua Dariye.

    A Senior Advocate of Nigeria (SAN), Dr Joseph Nwobike, who was also caught in the EFCC’s net, spent a month in jail.

    According to the commission, the figures show its consistency at effectively “changing the negative narrative of pervasive corruption in the system, and altering the perception that there are some people who are above the law”.

     

    Who are the 139 convicts?

    The 139 convictions cut across a broad spectrum of offences and social and political status. They include Nigerians and foreigners.

    Some of them are:

     

    Nyame

    A Federal Capital Territory (FCT) High Court on May 30 sentenced Nyame to 14 years without an option of fine for misappropriating state funds.

    Nyame, a member of the Peoples Democratic Party (PDP), was found guilty of 27 of the 41 counts of alleged diversion of public funds when he was governor.

    He was charged by the EFCC for allegedly diverting N1.64 billion while he was governor between 1999 and 2007.

    Justice Adebukola Banjoko sentenced the defendant to four terms in prison, after finding him guilty of receiving gratification, obtaining public funds without due consideration, criminal breach of trust and gratification.

    The various sentences include a term of prison for two, five, seven and 14 years.

    The judge, however, noted that the terms are expected to run concurrently, meaning he would serve 14 years in jail unless the conviction is upturned by a higher court.

    Nyame, a pastor, was one of more than a dozen governors who left office in 2007.

     

    Dariye

    Justice Adebukola Banjoko of the Federal Capital Territory (FCT) High Court on June 12, sentenced Dariye to 14 years in prison without fine.

    The court found Dariye guilty of misappropriating the state’s N1.16 billion Ecological Fund.

    According to the EFCC, Dariye diverted the funds into Ebenezer Ratnen Venture account.

    Justice Banjoko also found him guilty of criminal breach of trust on N250 million issued to Pinnacle Communications allegedly from the state’s Ecological Fund.

    Dariye, whose case lasted for over 10 years, was arraigned by the EFCC on July 13, 2007 on a 23-count charge.

    Dariye was governor from 1999- 2007.

    His sentence came three weeks after Nyame’s conviction Jolly for fraud.

     

    Nwobike

    The Lagos State High Court in Ikeja on April 30 sentenced Dr. Joseph Nwobike (SAN) to one month imprisonment for attempting to pervert the course of justice.

    The court convicted Nwobike of 12 counts on the offence and sentenced him to a month in jail on each of the 12 counts. The sentences ran concurrently.

    Justice Raliat Adebiyi, who pronounced the verdict, said the EFCC proved beyond doubt that the SAN was in communication with court officials to influence the assignment of his cases to his preferred judges.

    The EFCC first arraigned Nwobike on five counts on March 9, 2016 but the charge was amended on two occasions with the prosecution eventually increasing the counts to 18.

    In the charges, the EFCC accused the SAN of offering money to judges of the Federal High Court to influence them to give judgments in his favour.

    For example, he was accused of giving N750,000 to Justice Mohammed Yunusa, while he had cases pending before the judge.

    In her judgment, Justice Adebiyi said though it was established that Nwobike truly gave N750,000 to Justice Yunusa, the anti-graft agency failed to prove the intent behind the money, since Nwobike asserted that it was to assist the judge whose mother had a kidney problem and needed to undergo dialysis.

    But the judge said the EFCC was able to prove beyond doubt that Nwobike attempted to pervert justice by influencing the judges to whom his cases would be assigned.

     

    Pension fraud

    The Court of Appeal, Abuja Division on March 21, sentenced John Yusuf, one of six federal civil servants prosecuted for stealing N32.8 billion of police pension funds, to six years’ imprisonment and a fine of N22.9billion.

    The sentence came five years after his conviction and sentence to an aggregate fine of N750, 000 by an FCT High Court presided over by Justice Abubakar Talba.

    The ruling by the appellate court is the climax of the appeal by the EFCC which, dissatisfied with the decision of the trial court in a plea bargain agreement, on April 26, 2013 approached the appellate court to set aside the judgment of the lower court.

     

    TETFUND contractor

    Justice Akin-David Oladimeji of the Osun State High Court sitting in Ede, on June 11, sentenced John Ojekorede Ojemuyiwa, and his company, Digitpro Engineering Technology Limited to a six years’imprisonment for corruption.

    Ojemuyiwa and Digitpro Technology were convicted of giving N43million to Osun State College of Education Governing Council members, “on account of the award of a contract worth N228million and the over payment of mobilisation fee to you by the Governing Council and the Management of Osun State College of Education”.

    The judge convicted the Tertiary Education Trust Fund (TETFund) contractor on two counts of an amended three-count charge

     

    Job scammer

    Justice Dije Aboki of the Kano State High Court on April 18 sentenced one Charles Ngezelonye, a Nigeria Prison Service (NPS) former staff member to two years’imprisonment on a two-count charge of cheating.

    The convict’s journey to prison started after the Commission received a petition from one Ogueri Immaculate, alleging that the convict defrauded her of the sum of N500,000 (Five Hundred Thousand Naira) under the pretext of securing her a job with the NPS.

     

    Land scam

    Justice J. K. Daggard of the Federal High Court in Kano on 13 April, sentenced Boniface Zakka to seven years’ imprisonment without fine for land fraud. Zakka, who was arraigned by the EFCC on  one count of obtaining by false pretence, was convicted of defrauding Yahanna Kabirat of N1.3 milion. The convict was also ordered to restitute the N1.3 million to the complainant.

     

    Ex-banker

    Justice S. S. Ogunsanya of the Lagos State High Court in Igbosere, on March 14, sentenced a former Head of Operations, Union Bank Plc, Head Office, Marina,  Lagos, Paul Onwughalu, to 12 years’ imprisonment for N450 million fraud.

    The convict had been arraigned on February 24, 2014 on a four-count charge for failing to conduct due diligence in financial transactions.

     

    Internet fraudster

    Justice Beatrice Iliya of Gombe State High Court on May 3 sentenced Danladi Joshua to three years’imprisonment for N800,000 fraud. The judge convicted Joshua on a two-count charge of criminal breach of trust and theft.

    The case was triggered by a petition from one Edna Ishaya in which she alleged that, between January and August, last year, the convict fraudulently used a sort code of one of the new generation banks and her mobile phone number registered with the bank to transfer N843,000 for his personal use, without the petitioner’s knowledge and consent.

     

    Internet fraudster

    Justice  P.  I. Ajoku of the Federal High Court, sitting in Benin City, Edo State, on June 13, sentenced Uke Philip Akhator to one month jail term for obtaining by false pretences.

    Akhator, who was prosecuted by the Benin Zonal Office of the EFCC, was said to have obtained N150,000 from one Jakub Sani Mohammed. The offence contravened Section 421 of the Criminal Code Act, 2004 and punishable under the same Act.

     

    Ex-Taraba SA on Revenue Matters

    Justice Filibus Andetur of the Taraba State High Court on August 3, sentenced a former Special Adviser on Revenue Matters to Taraba State government, Joshua Augustine, to one year in prison.

    Justice Andetur convicted Augustine of a two-count charge of criminal breach of trust, misappropriation and conversion of public funds totalling N5.4million.

    The judge sentenced him to one year in prison on count one with an option of N100,000 as fine, and six months on count two with an option of N50,000 as fine, to run concurrently. Augustine was arraigned by the EFCC in March 2016.

     

    Conviction rates in Nigeria, Kenya and Cameroon

    How does EFCC’s conviction rates compare with that of other corruption-endemic countries such as Kenya and Cameroon?

    The Transparency International (TI) Corruption Perception Index ranks 180 countries and territories by their perceived levels of public sector corruption according to experts and businesspeople, using a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean.

    According to TI’s 2017 index, Nigeria sits in 148th place, its next door neighbor Cameroon with 23.44 million people (2016) is two positions away at 153, while East Africans Kenya, with 48.46 million people (2016), is five places above Nigeria in 143rd spot.

     

    Cameroon

    Cameroon’s foremost anti-graft agency is the National Anti-corruption Commission (NACC) founded on March 11, 2006.

    NACC Chairman, Dr Dieudonné Massi Gams, presented the country’s latest corruption statistics, the 2015 Anti-corruption Status Report in Yaounde on December 29, 2016.

    According to the report, the number of criminal complaints it received increased from 164 in 2008 to 3,268 in 2015 making a total of 13,146 in seven years.

    Within 10 years, NACC prosecuted 42 cases, among which 28 were pending and 14 trials were completed and judgments passed.

    NACC’s report did not elaborate on its conviction rate.

     

    Kenya

    Kenya’s topmost anti-graft agency is the Ethics and Anti-Corruption Commission (EACC), headed by a Chief Executive Officer (CEO), Halakhe Waqo.

    In June, Waqo said the EACC’s latest statistics show that it achieved 79 per cent convictions on all the cases it investigated.

    He said for every 10 cases the commission forwarded to the Office of the Director of Public Prosecutions (ODPP), nine were prosecuted  for strong evidence.

    “Because even the records we have show that in 2016/17 financial year, we had 33 cases concluded by court out of which 25 were convictions, five discharges, and three acquittals,” Kenyan daily, The Star, quotes Waqo as saying.

     

    The silent numbers

    But, understandably perhaps, what the EFCC did not advertise is the statistics on the cases it lost within the same period.

    The information is important, because with a war chest of nearly N22 billion in the 2018 budget, the EFCC is the better funded of the country’s frontline anti-corruption agencies.

    The others are the Independent Corrupt Practices and other related Offences Commission (ICPC) with N6.28 billion, the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) with  N1.2 billion.

    Also, the EFCC is often the recipient of other substantial resources and goodwill at home and abroad, which the other agencies may not be exposed to.

    For instance, on July 17, the United Kingdom National Crime Agency announced that it would fund a forensic lab for the EFCC billed to cost £500,000 ( about N230million).

    According to Paddy Kerr, International Manager of the British anti-graft agency, the lab will enable the agency to ethically and lawfully extract evidence from digital devices.

    Also, the EFCC and other related government agencies sometimes receive a lot of flak over allegations of bungled prosecutions in cases involving politically exposed persons (PEP).

    For instance, the EFCC, Department of State Services (DSS) and the ICPC lost five high profile cases, respectively, in a two months span last year.

    On March 6, last year, a Yola High Court in Adamawa State sentenced former Adamawa State Governor Bala Ngilari to five years imprisonment. He was convicted for abuse of office during the seven months he was in the saddle.

    Justice Nathan Musa found Ngilari guilty of violation of the state’s Public Procurement Act in the award of contract for the purchase of 25 vehicles worth N167 million for commissioners. A total of 17 criminal charges were levelled against him.

    But, the Yola Division of the Court of Appeal last July 10 overturned Ngilari’s conviction. Justice Olayomi Folashade quashed all charges against Ngilari for lack of merit and sufficient proof of allegations against him.

     

    ‘Letting the big fish swim?’

     

    Not everyone is satisfied with the EFCC’s performance.

    On April 18, a report published by the Socio-Economic Rights and Accountability Project (SERAP) in partnership with Trust Africa said the nation’s two major anti-graft agencies — EFCC and ICPC —secured only 10 high-profile convictions in 17 years.

    This was, of course, before the convictions of Nyame, Dariye and Nwobike, among others.

    The report titled: “Letting the big fish swim: how those accused of high-level corruption are getting away with their crimes and profiting from Nigeria’s legacy of impunity,” was presented by a senior lecturer at the Nigerian Law School, Abuja, Dr Esa Onoja.

    Onoja said: “The EFCC and ICPC between 2000 and 2017 secured an average of 100 convictions each year for low-level offenders.

    “Within the same period, the EFCC and ICPC only got 10 high-profile convictions for a total of 177 high profile prosecutions conducted.

    “Of the 10 high-convictions, three went to full trial, out of those three, two were advance fee fraud and the law right from the Advance Fee Fraud and Other Related Offences Decree of 1995 up to the present law stipulates a mandatory minimum sentence.

    “The two offenders that were convicted between seven and 10 years imprisonment one of them was Mrs Anajemba and the other one was Mr Emmanuel Nwude.

    “The third conviction was that of Bode George, which was quashed at the Supreme Court with one of the basis for the quashing the conviction was that the offence was unknown to law.

    “The remaining seven convictions were subject to plea bargain one of which was the conviction of Mr Lucky Igbenedion, the former governor of Edo, who was sentenced to a prison term with an option of fine which was paid promptly in court.”

    “Some of the others were the conviction of Chief Diepreye Alamieyeseigha, a former governor of Bayelsa State and one Mr Golama, a former Chairman of Bank of the North, were convicted subject to plea bargain, but former President Goodluck Jonathan has granted them presidential pardon.

    “None of them was sentenced to punishment proportionate to the seriousness of their offences.

    “Causes of the stagnation of the high profile cases are preliminary objections 16.55 per cent, interlocutory appeals 14.60 per cent, non-compliance with the Administration of Criminal Justice Act/Law 30.28 per cent and suspicious court orders 6.32 per cent.

    “Others include immunity of offenders 2.40 per cent, gag orders 2.27 per cent, loopholes in legal processes 8.06 per cent, poor prosecutions 8.06 per cent and alleged ill-health of offenders 10.46 per cent.”

     

    How the EFCC can secure even more convictions

     

    Human rights lawyer, Femi Falana advised the Federal Government to adequately fund the EFCC to enable it effectively deliver on its mandate of fighting corruption.

    Falana spoke at a forum organised by the Centre for Anti-Corruption and Open Leadership (CACOL) in Lagos.

    The forum, with the theme, ‘Perpetual hearings and delayed justice on corruption cases in Nigeria: Causes and way-forward,’ was organised by CACOL to commemorate its 10th anniversary.

    The lawyer said investigating corruption cases, especially of politically-exposed persons, was capital intensive, and urged the government to give the EFCC the needed funds to achieve diligent prosecution of cases.

    “So, the EFCC needs funds to diligently investigate and prosecute corruption cases. The government should provide the wherewithal for the commission,” he said.

    According to him, corrupt politically-exposed persons had the resources to get the best legal services and turn the tide against the EFCC in the court of law.

    He said for the EFCC to match this category of people “fire-for-fire”, there was the need for the government to give the commission funds to hire the best lawyers to prosecute cases.

    Former Chairman, Nigerian Bar Association (NBA) Ikorodu Chapter, Mr Adedotun Adetunji advised the EFCC to improve on its investigation of allegations against suspects.

    “The agency has to be more diligent in its investigation of financial crimes and the prosecution of offenders. It needs to ensure more diligence so as to be able to prosecute more efficiently and effectively,” he said.

     

  • EFCC denies investigating Benue Govt.

    Says probe informed by citizens’ complaints

     

    The Economic and Financial Crimes Commission (EFCC) has denied investigating the accounts, appropriation and administration of funds of the government of Benue State. It faulted insinuations that it was working to cripple the government.

    The commission said it was only investigating some officials of the state government, against whom some citizens made allegations of diversion of public funds, money laundering and related offences.

    The EFCC said its activities in Benue were within its constitutional powers. It faulted claim by the Benue State’s Attorney General that the investigation being carried out by the EFCC in the state amounted to usurping the functions of House of Assembly.

    The anti-graft agency spoke in response to a suit marked: FHC/ABJ/CS/42/2018, filed by the Benue State Government through the state’s Attorney General.  Defendants in the suit are EFCC, Speaker, Benue State House of Assembly, Clerk, Benue State House of Assembly and the Auditor General, Benue State.

    The EFCC, in its counter-affidavit to the plaintiff’s originating summons, stated that its investigation in Benue was informed by petitions from indigenes of the state, including former Commissioner of Police, Abubakar Tsav and Joel Magnus, President of a group, Concerned Citizens of Benue State Transparency Anti-Corruption Group, Gboko, Benue State.

    It stated that the petitioners identified some officials of the state government, whom they accused of diverting the state’s funds and engaging in money laundering and other related financial crimes, a development, which informed why the state has been unable to pay staff salaries.

    The EFCC added: “In carrying out its onerous duties, the 1st defendant, being a responsible agency of government, has employed the best practices of extending invitation to concerned State Government functionaries through high ranking government officials such as Secretary to the State Government, Permanent Secretaries of relevant ministries/agencies, Accountant General of the state and Liaison Officer, Benue State Liaison Office, Abuja without resorting to crude and uncivilized methods.

    “The 1st defendant is not investigating the accounts and/or appropriation, disbursement and administration of funds of Benue State Government. The 1st defendant is only investigating economic and financial crimes, money laundering related offences allegedly committed by some officials of Benue State Government.

    Read Also: N17b bond: EFCC probes Saraki, Kwara gov, AG

    “The ongoing investigation cannot result into a shut down or grinding to a halt, the activities of governance in Benue State as the 1st defendant is not an army of occupation. Indeed, the 1st defendant has not shut down government offices/business as it has been inviting relevant state government officials to make statements and/or furnish relevant documents as the need arises.

    “The ongoing investigation can only result in restoring the confidence of citizens of Benue State, who are calling for accountability, transparency and probity in the affairs of government of their state. It may well be that the outcome of investigation may prove the allegations as baseless, which is in the interest of the government of Benue State.

    “That contrary to the depositions contained in paragraphs 12 13 of the affidavit in support of the originating summons, the business of governance of Benue State has not in any way suffered or been destabilized consequent upon the ongoing investigation, as relevant officials only report as the need arises, who report and make statements and or bring relevant documents in furtherance of investigation.

    “That contrary to the depositions contained in paragraphs 21, 22 and 25 of the affidavit in support of the Originating Summons, it is not true that honouring invitations by relevant Benue State Government officials in furtherance of ongoing invitation is distracting or causing inconveniences to the officials invited, who by virtue of their offices and responsibilities/duties, their statements are crucial to the investigation, which is very painstaking.

    “That contrary to the depositions contained in paragraphs 23 and 24 of the affidavit in support of the originating summons, the statutory duties of the 1st defendant of investigating criminal allegations are never in conflict with the constitutional duties of the 4th defendant, hence there is no usurpation of the official functions of the 4th defendant, whose constitutional duties are quite distinct and different from the statutory duties of the 1st defendant.

    “The 1st defendant has never interfered with the federal principles relating to the tiers to the tiers of government, as the 1st defendant is only discharging its statutory duties.

    On Monday, Justice Nnamdi Dimgba fixed August 29 for the hearing of the suit in which the plaintiff is challenging the propriety of EFCC’s ongoing activities in the state.

  • Magu seeks transfer of cases before Justice Nyako

    Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu has asked the Chief Judge of the Federal High Court, Justice Adamu Kafarati to withdraw all case files involving him and the commission from Justice Binta Nyako over “likelihood of bias and conflict of interest”.

    The request is contained in a petition written to Justice Kafarati on Magu’s behalf by his counsel, Wahab Shittu.

    There are 11 consolidated cases involving Magu and EFCC before Justice Nyako.

    Shittu said the request was not due to ill-will or disrespect towards the judge or her esteemed office.

    “We have no intention to malign or disparage the character of Hon. Justice Binta Nyako who our firm holds in high esteem.”

    Magu, while instructing Shittu, said: “The application is necessary to avoid bias and conflict of interest because the Commission is prosecuting the spouse and step-son of His Lordship, namely: Admiral Murtala Nyako (rtd.) and Senator Abdulaziz Nyako.”

  • Ekweremadu gives details of EFCC, Police siege to residence

    Deputy Senate President, Senator Ike Ekweremadu, on Wednesday gave detailed account of the siege to his Abuja residence by men of the Economic and Financial Crimes Commission (EFCC) and other the security agencies.

    The Enugu west senator warned that the country’s democracy was “seriously on the decline.”

    A statement by his media aide, Uche Anichukwu, said that Ekweremadu spoke when Senators paid him a solidarity visit in their numbers and across party lines at his Apo Legislative Quarters residence.

    It quoted Ekweremadu to have said, “On Tuesday morning, some people laid siege to my house. They left at about 12:20pm after spending about six and half hours.

    “We anticipated that a number of our colleagues in All Progressives Congress (APC) would defect and join People’s Democratic Party (PDP). In anticipation of that, the APC leadership had tried to stop them. When that didn’t happen, the first thing they did was invite President of the Senate to come to the Police. They believed that once the President of the Senate goes to the Police, I would be the one to preside and probably give effect to the letter of defection.

    “In anticipation of that, the Police, EFCC, and other security agencies came together, about 200 of them, to stop me from going to the National Assembly.  They said I should come to the EFCC to give explanation over the things I was accused of. I agreed to follow them even though there was no prior invitation, but they were not eager to let me go to answer the invitation.

    “The plan was to stop me and the President of the Senate from going to the National Assembly today. Unfortunately for them, the President of the Senate was already at the Senate to preside over the plenary session”.

    Read Also: I was not invited by police, EFCC – Ekweremadu

    “This is not good for democracy. We must respect the law, respect institutions because that is the only way we can make progress as a nation. This is total embarrassment to our nation. I hope this will not happen again”.

    Ekweremadu expressed worries for the nation’s democracy, saying: “I am very worried. This is a decline in our democracy. I want to call on the media and Nigerians to stand up for Nigeria and ensure we save our democracy. This is a dangerous development. The whole world expects Nigeria to lead in democracy in Africa. We need to make progress and show the world that Nigerians are indeed leaders in every aspect of life.

    “This is my official quarters. Invading my official quarters is like an invasion of an aspect of the National Assembly. When you invade the National Assembly, you are invading the temple of democracy. That is exactly what has happened today. This is a major assault on democracy. This is not the type of attitude we should be encouraging. The principal thing in a democracy is dialogue, discussion, and networking, not through threats. We need to have a rethink”.

    Ekweremadu said whoever advised the executive on the siege to his residence and that of the President of Senate was an enemy of both the current administration and the nation’s democracy.

    “Those advising the President should advise him correctly.  As a result of this occurrence, Senate had to go on recess when there are outstanding issues to attend to. Nigerians are loosing. Whoever is behind this is not a good friend of Nigeria”, he reiterated.

    The Senator urged Nigerians to stand firm in defence of democracy.

    “Nigerians should, please, stand against this type of impunity. We must remain strong to be able to reverse this type of impunity so that justice will be upheld through the rule of law and respect for human rights”, he added.

    Ekweremadu, who was full of praise for Nigerians and Senators also said: “I want to thank my colleague senators, I feel very honoured that when they didn’t see me in the chambers today and, hearing what had happened, they adopted a motion demanding that the siege be lifted immediately and they also came here across party lines to show solidarity and support.

    “I thank the Nigerian public, who showed support and solidarity towards me. I am aware that Nigerian youth also rose to the occasion. I want to thank the media, the young people of Nigeria, the Peoples’ Democratic Party too, for their support and solidarity. I understand there is outrage in Enugu. I thank my people.

    “I just want to say that this is democracy in action. This is the power of the people”.

  • Senate to EFCC, Police: Vacate Ekweremadu’s residence

    The Senate on Tuesday resolved to ask operatives of the Economic and Financial Crimes Commission (EFCC) and police laying siege to the residence of Deputy Senate President, Senator Ike Ekweremadu, to vacate residence without further delay.

    The upper chamber said that the security operatives must allow Ekweremadu to enjoy his constitutional rights as a free citizen of the country.

    The resolution followed the adoption of a motion by Senator Chukwuka Utazi (Enugu North)

    Utazi told the Senate that the siege on Ekweremadu’s residence by security operatives was a violation of his right to move freely.

    He said, “This morning I left Enugu for Abuja to attend today’s sitting.

    “Half way into the airport, I received a distress call from the aides working with the Deputy Senate President that his residence and the entire street had been cordoned off and nobody can move out of the house.

    “As I am talking the people of Enugu State resident in Abuja have moved to Ekweremadu’s residence and they are there shouting in the rain for his release.

    “What offence has he committed that would warrant his wife and children to be denied freedom to go about their duties.

    “People are worried. We want to know what he has done.

    “Some people told me that they heard some people wanted to defect today and because of that they don’t want him to come to the sitting.

    “I also heard that they don’t want the senate president to come so that both presiding officers will not be here but thank God that the Senate President is in this place.”

    Utazi prayed the Senate to demand that Ekweremadu’s residence be immediately vacated.

    Senator Samuel Anyanwu (Imo East) who seconded the motion noted that the occupation of Ekweremadu’s residence was a threat to democracy.

    He said, “I was with Ekweremadu on Tuesday and there was no notice from the Police. I wonder why his house is under siege today.

    “If he is wanted they should invite him and he will respond.

    Read Also: Enugu community hails Ekweremadu’s representation

    “There will be tomorrow. No matter the intimidation my confidence in you and Ekweremadu is renewed and we must protect this institution.”

    Senator Emmanuel Bwacha (Taraba South)who also supported the motion said that the development was not only a threat on democracy but the unity of the country.

    He said, “It is with a heavy heart I rise to contribute to this. This is not only threat to democracy but the unity of the country and we need to thread with caution. What is happening has never happened.

    “When I heard of the siege I became afraid

    “We need prayers and we have to stand up as statesmen. “It is about the institution and the matter is beyond political party but the threat on democracy.

    “I advise that security operatives should know that they are meant to protect us and no country has used violence to settle matters.

    “We can pack our things and go and those trying to dent the image of the president should be careful.”

    Before the adoption of the motion Saraki noted that there was also a siege to his house at the early hours of Tuesday.

    The Senate President said that he was meant to report to the Police due to the invitation to answer to alleged involvement in a robbery case in Offa some months ago but he could not do so.

    Saraki said that there would not have been Senate plenary if he had gone to the Police, due to the fact that Ekweremadu was prevented from leaving his house.

    He said, “Ekweremadu cannot come out for no fault of his and by the plan I wouldn’t have been here as well.

    “It was the intervention of Almighty God that I am here today.

    “The deputy senate president called me that he was blocked from coming out. Even my convoy was blocked.”

    Chairman, South East Senate Caucus, Senator Enyinnaya Abaribe also cried out over the dawn siege on the residences of and Ekweremadu by the police and the DSS operatives.

    Abaribe who called on “Well-meaning Nigerians and the International community for interventions to save our democracy,” said the country is fast cascading to tyranny and fascism.

    He said, “This dangerous route is unprecedented in modern democracy. It is a sinister plot to throw the country back to the dark age of military dictatorship. Too bad for our unity as a country.”

    Abaribe warned that silence in this circumstance, could sound a death knell on the already challenged unity of Nigeria.

    He said, “This is the time to speak up against the directorship and tyranny of executive arm of government against the parliament.

    “The legislature is the universally acclaimed bastion and symbol of democracy, so attacking this hallowed institution signals the end to our chequered match to enduring democracy.”

    Also a statement entitled “EFCC, Police, lay siege to Ekweremadu’s residence…No going in or out” said that the Apo Legislative Quarters residence of the Deputy President of the Senate, Senator Ike Ekweremadu, is currently under the siege of men of the Nigeria Police Force and the operatives of the Economic and Financial Crimes Commission (EFCC).

    It said that “With the Senate President Bukola Saraki, expected to report to the Intelligence Response Team (IRT), Nigeria Police Force in Guzappe Abuja, this Tuesday morning, Senator Ekweremadu is expected to preside over plenary.

    “They took over the entire vicinity before 6am. There is no going in or coming out. Meanwhile, there was no prior invitation to the Senator by any of the security agencies or the EFCC.”

    The statement was signed by the Special Adviser (Media) to Deputy Senate President, Uche Anichukwu.

    Meanwhile, the Senate adjourned plenary till September 28, 2018 to enable senators proceeds on their annual vacation.

  • Ekiti 2018: Lawyer accuses PDP of vote buying in Ikere-Ekiti

    Human rights lawyer, Mr. Morakinyo Ogele, has accused the People’s Democratic Party (PDP) of engaging in vote buying in Ikere-Ekiti, the hometown of its candidate, Prof. Kolapo Olusola.

    He was reacting to Olusola’s allegation that the All Progressives Congress (APC) won Saturday’s election largely to alleged purchase of votes.

    Olusola and his party, PDP, have signified intent to challenge the victory of the governor-elect, Dr. Kayode Fayemi, before the Election Petition Tribunal.

    Ogele, a native of Ikere like Olusola, alleged that PDP and its agents induced voters at his Okesegun Polling Unit in Ogbonjana Ward.

    The National Coordinator of Ekiti Redemption Group (ERG) also warned Olusola not to use state funds to sponsor his proposed court case against the poll result.

    According to him, he has been compiling evidence of alleged PDP vote buying to be forwarded to the Economic and Financial Crimes Commission (EFCC) for investigation.

    Read Also: God has liberated Ekiti from slavery, says Fayemi

    Ogele said: “I am a voter and I voted for the candidate of my choice in our unit, Okesegun Unit in Ogbonjana Ward, Ikere-Ekiti where PDP asked voters to fill forms and the voters who voted for them were given tallies.

    “After being giving tallies to voters who voted for PDP, they were asked to go to a location nearby where they were given money.

    “In the same ward, we prevented some of the PDP thugs from hijacking our ballot box. The PDP should come out and explain where they got the huge amount of money they shared on election day.

    “PDP chairman and any other person in the party lack the moral justification that other parties shared money at the election.

    “PDP lost because of the character that is ruling Ekiti while Dr. Kayode Fayemi won on his goodwill.

    “PDP in Ekiti State is an agent of poverty, circulating poverty in Ekiti State. Ekiti people are fed up with looting, impunity, deceit being perpetrated by the Fayose administration.”

     

  • Ex-minister Akinjide returned N650m election fund – EFCC

    The Economic and Financial Crimes Commission (EFCC) on Monday told the Federal High Court in Lagos that former Minister of the Federal Capital Territory, Jumoke Akinjide, returned N650million she allegedly received ahead of the 2015 election.

    She was arraigned along with a Peoples Democratic Party (PDP) leader in Oyo State Chief Olarenwaju Otiti, a former Senator representing Oyo Central Senatorial District Ayo Adeseun and a former Minister of Petroleum Resources Mrs Diezani Alison-Madueke, who is said to be at large.

    The EFCC accused them of conspiring to directly take possession of N650million, which they reasonably ought to have known was part of proceeds of an unlawful act, and without going through a financial institution.

    An EFCC investigator Usman Zakari, while testifying in a trial within trial to determine the truthfulness of the defendants’ statements, said his team received N10 million bank draft from Akinjide’s husband, Aliyu Pategi, out of the N650 million traced to her and others.

    Read Also: EFCC arraigns siblings for N50m fraud

    He said another team headed by Shuaibu Shehu received N640million from Akinjide in a related case.

    While being cross-examined by Akinjide’s lawyer, Chief Bolaji Ayorinde (SAN), the witness said the N10 million deposit payment was not the condition upon which Akinjide was released.

    He said: “On August 9, 2016, the first defendant (Akinjide) and her husband, Hon. Aliyu Pategi, were present throughout. I did not ask Pategi to make payment to ensure the release of the first defendant.”

    Zakari said Pategi stood surety for Akinjide when she was granted administrative bail.

    “On August 10, 2016, he volunteered a Sterling Bank draft of N10 million on behalf of his wife as part payment of the N650 million that was traced to her and her co-accused.

    “The N10 million was paid by the first defendant’s husband on her behalf and the remaining N640 million has not been paid,” Zakari said.

    When reminded by Ayorinde that the balance has been paid, Zakari said: “I am aware that the sum of N640 million was received from the first defendant in Stanbic IBTC Bank draft in another case investigated by a team tagged, HOPST, which was headed by one Shuaibu Shehu.”

    Justice Muslim Hassan adjourned until October 18.

  • EFCC Benin secures nine convictions in 12 months

    The Economic and Financial Crimes Commission (EFCC), Benin Zonal office, said it secured nine convictions for various financial crimes within the last 12 months.

    Mr Mailafia Yakubu, zonal head of the Benin office comprising Edo, Delta and Ondo, disclosed this on Friday at an event to mark the first anniversary of the zonal office.

    Yakubu disclosed that within the period 654 petitions were received, while 557 were found worthy and approved for investigation.

    He explained that 64 petitions were rejected due to various reasons, and that from the approved petitions, nine were forwarded to other zones for logistics reasons.

    Read Also: EFCC arraigns siblings for N50m fraud

    He also said 23 cases were forwarded to the Nigerian Police Force as the matters raised were within the jurisdiction of the Police, while one was forwarded to another sister agency.

    He said 28 cases were pending in court.

    The zonal head further disclosed that a total of N312.561, 585.31 in cash was recovered: N4, 209,097.96 for the Federal Government, N147, 220,600.00 for corporate bodies and N161, 131,887.35 for individuals.

    He also disclosed that the zone secured the forfeiture of a vehicle to the Federal Government, and was in the process of securing the interim forfeiture of two houses and three vessels used for illegal activities.

    He noted that as part of strategic plans to ensure a corrupt free nation, the zone embarked on an aggressive sensitisation and enlightenment campaign in schools.

    The zone had earlier visited two orphanages within Benin, where food items and cash were donated.

    A sensitization for students to be part of the fight against corruption was carried out on secondary school students across Benin on the need to “see something, say something and do something.”

    NAN