The Nation Newspaper

Tag: Economic and Financial Crimes Commission

  • Court orders YABATECH to reinstate, pay whistleblower bursar N20m

    Justice O.A Obaseki-Osaghae of the National Industrial Court (NIC) has directed the Yaba College of Technology (YABATECH) to recall Mr Olu Ibirogba, its bursar who was sacked in July 2015 for exposing alleged corruption in the institution.

    She also awarded N20 million damages to be paid to Ibirogba for his unfair dismissal.  This is apart from the payment of all his salaries and entitlement since then.

    The money is to be paid within 21 days or it would attract 10 per cent interest.

    The Police, Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) are also to begin investigations into Ibirogba’s allegations against the administration of Dr Kudirat Ladipo, who was the Rector when he was sacked in 2015.

    Read Also: Omokugbe is Yabatech Rector

    In giving her judgment obtained by The Nation on Wednesday, the Justice chided YABATECH counsel, Omolola Satar, for disrespecting the judicial process.

    Declaring Ibirogba’s sack null and void, she said it was “in was in gross violation of Section 17 (3) of the Federal Polytechnic Act, extant civil service rules and an affront to the judgement of this court.”

    The judge said: “I find that there was a calculated d deliberate attempt by the defendants to subvert the cause and administration of justice. This is one of the instances the Court must grant punitive costs to forestall a repeat of the contemptuous actions of the defendants. Consequently, I award the sum of N20,000,000.00 (Twenty Million Naira) as punitive damages jointly and severally against the defendants for the unjust termination of the claimant’s appointment and deliberate attempt by the defendants to subvert the cause of justice.”

    When contacted for comments, the college’s Public Relations Officer, Mr Joe Ejiofor, said the management was still studying the judgment delivered on June 7, 2018 in Lagos.

    “Management is still studying the judgment.  When we are done, we ill get back to the press,” he told this reporter on phone.

    Mr Ibirogba did not answer calls or text messages to his phone.

  • Court remands internet fraudster in Ikoyi Prison

    An internet fraudster, Tunde Badmus has been remanded in Ikoyi Prisons by an Ikeja Special Offences Court for allegedly acting under false pretense and forgery.

    Justice Olusola Williams remanded the defendant after pleading not guilty to a two count charge of false pretenses and forgery preferred against him by the Economic and Financial Crimes Commission (EFCC).

    EFCC prosecutor, Mrs. Zainab Ettuh, told the court that the defendant had in his possession a document containing false pretence captioned “Special Power of Attorney” purported to have emanated from one Peter Raymond addressed to a lawyer regarding a case.

    Mrs. Ettuh asked the court to take the defendant’s plea for trial to commence.

    Read Also: Court remands four for ‘removing colleague’s heart’

    Badmus pleaded not guilty to the charge.

    His counsel, Mr. Sylvester Ekwueme informed the court that he has filed a bail application.

    He urged the court to entertain his application and grant his request for bail for the defendant.

    Responding, EFCC counsel, Mrs Ettuh urged the court to remand the defendant in prison custody pending determination of his bail application.

    Justice Williams granted the prayer of the prosecutor and ordered that the defendant be remanded in Ikoyi prison.

    The judge  adjourned till June 28, to hear and rule on the bail application.

  • PDP alleges media trial of opposition members

    The People’s Democratic Party (PDP) has condemned what it described as unrelenting media trial and persecution of opposition members and perceived opponents of the All Progressives Congress (APC) through anti-graft agencies.

    The Party’s National Publicity Secretary, Mr Kola Ologbondiyan, in a statement issued on Friday in Abuja said members of the opposition were being persecuted under the guise of fighting corruption.

    Ologbondiyan said that whereas the PDP is in no way opposed to the fight against corruption, it is completely against government’s resort to media trial and constant harassment of opposition.

    He said the party was against unlawful detention and trumped-up charges against opposition members, using various anti-graft agencies, particularly the Economic and Financial Crimes Commission (EFCC).

    “The PDP particularly rejects the emerging trend by the EFCC, wherein accused persons and individuals who are still under investigation on alleged corruption charges are paraded and forced to hang criminal tags.

    Read Also: 2019: PDP counters Buhari, says youth free to contest Presidency

    “This was meted out to former Kaduna State Governor Muktar Yero, even when he has not been convicted by any court of competent jurisdiction.

    “The PDP is totally against the desperation by the EFCC, working under the instruction of the APC, to declare a guilty verdict on accused persons without trial by the courts.

    “This is all in the bid to bring perceived political opponents to public odium and emasculate the opposition ahead of 2019 general elections.’’

    Ologbondiyan said the PDP also reject direct interference in on-going cases, including those in courts, by appointees of the Presidency, particularly members of the Presidential Advisory Committee on Corruption.

    He said the comments and actions of the appointees had continued to escalate media trials and other irregularities in the handling of such cases.

    “The PDP insists, in very unequivocal terms, that we can no longer continue to stomach the hijacking of the duties of the judiciary by agencies of the executive under the instructions of the Presidency.

    “Nigerians will recall that the PDP had earlier raised the alarm over this unrelenting assault, harassment, and persecution of opposition members under the guise of fight against corruption,’’ he said.

    Ologbondiyan said the fight against corruption must be prosecuted within the ambits of the provisions of the law.

    “Corruption fight cannot be used as an instrument of persecution and clampdown against the opposition,’’ he said.

  • EFCC arrests fake pastor over alleged N1.8bn contract scam

    The Economic and Financial Crimes Commission (EFCC) says it has arrested a “pastor’’ over an alleged contract scam of N1.8 billion.

    The spokesman of the commission, Mr Wilson Uwujaren, who disclosed this in a statement in Abuja on Thursday, identified the suspect as James Ezekiel.

    Ezekiel, according to the commission’s spokesman, claimed to be the presiding pastor of One Touch Power Ministry, Agudama, Epie in Bayelsa.

    He said the suspect was arrested by operatives at the Port-Harcourt Zonal Office of the commission.

    Uwujaren said the suspect allegedly defrauded an unsuspecting victim of N1.3 million by deceiving him to enlist as one of the “financiers’’ of a spurious N1.8 billion contract.

    He added: “Ezekiel claimed to have won a contract for the roofing of a church cathedral belonging to the Salvation Ministries in Port Harcourt, Rivers.

    “He reportedly put the contract sum at N1.8 billion and showed a contract award letter to his victim.

    “He also wooed his victim to collaborate with him as one of the “financiers” of the contract.

    “Ezekiel promised the victim mouth-watering interests on his investment’’.

    Trouble started for the suspect when the victim demanded repayment of his money with interests, which he couldn’t pay immediately.

    Uwujaren said investigations showed that the suspect delayed making the payment by deceiving him that he had been paid N800 million as mobilisation fee for the contract.

    He said Ezekiel lied that he could not access the funds because his company’s account had been frozen by the EFCC.

    Read Also: Court to Buhari: Order EFCC, others to release report on budget padding

    Uwujaren said the suspect also contrived a fake EFCC’s e-mail message notifying him of the freezing of the account.

    He said that the victim suspected foul play and petitioned the commission to help him reclaim his money.

    “Further investigations showed that the Salvation Ministries did not award any contract to Ezekiel and no transfer of N800 million was made into his company’s account.

    “Besides, the e-mail address he ascribed to the EFCC does not belong to the commission.

    “The suspect allegedly initiated the scam to fraudulently obtain money from the petitioner and other unsuspecting members of the public.

    “The suspect is in the custody of the EFCC and will be charged to court soon,’’ Uwujaren said.

    EFCC had on May 23, arrested another ‘fake’ pastor, ThankGod Udechukwu, in Lagos for allegedly duping a member of his church millions of naira

  • Court to Buhari: Order EFCC, others to release report on budget padding

    A Federal High Court sitting in Lagos has ordered President Muhammadu Buhari to order security and anti-corruption agencies to forward to him reports of their investigations into allegations of padding and stealing of about N481 billion from the 2016 budget by some principal officers of the National Assembly (NASS).”

    Justice Mohammed Idris who gave the order also instructed the President Buhari to direct the Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN), and/or appropriate anti-corruption agencies to without delay commence prosecution of indicted lawmakers.

    Justice Idris issued the order in a judgment  delivered on Monday in a mandamus suit no: FHC/L/CS/1821/2017filed by Socio-Economic Rights and Accountability Project (SERAP) against the government.

    The defendants in the suit are the President of Nigeria, Muhammadu Buhari and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN).

    The suit was filed last year by SERAP through its counsel, Mrs Joke Fekumo, after the organization  received “credible information from multiple sources that the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) have completed investigations into the allegations of padding of the 2016 budget, completed their reports, and indicted some principal officers of the House of Representatives and the Senate, and that the accounts of some of the principal officers containing allegedly illicit funds have been frozen, and that the case files for the prosecution of those indicted were ready.

    The suit read in part: “Unless the principal officers indicted in the alleged padding of the 2016 budget are prosecuted and any stolen public funds recovered, the Federal Government will not be able to stop padding of future budgets. Alleged corruption in the budget process will not just melt away or simply evaporate without addressing the fundamental issue of impunity of perpetrators.

    “Addressing alleged corruption in the budget process by pursuing prosecution of indicted principal officers of the National Assembly will provide an important opportunity for the Federal Government to reignite the fight against corruption and fulfill a cardinal campaign promise, to show that the Federal Government works on behalf of the many, and not the few, as well as jumpstart economic activities and break the back of the recession.

    “Publishing the report of the investigation of the alleged padding of the 2016 budget, and prosecuting suspected perpetrators are absolutely important to avoid another padding, which the Federal Government can ill afford.

    Read Also: N400m fraud: EFCC asks court to try Metuh in absentia

    Justice Idris, in his judgment,  ordered the President to “direct the publication of the report of investigations by security and anti-corruption bodies into the alleged padding of the 2016 budget.

    He held that President Buhari in the exercise of his executive powers has a duty to ensure compliance with the provisions of Article 22 of the African Charter on Human and Peoples’ Rights, and that the President is “expected to use his executive powers for the public good of Nigeria.”

    Article 22 of the African Charter provides that, “All peoples shall have the right to their economic, social and cultural development with due regard to their freedom,” and that “States shall have the duty, individually or collectively, to ensure the exercise of the right to development.”

    Justice Idris also granted an order directing the President to “urgently halt alleged attempt by some principal officers of the NASS to steal N40 billion of the N100 billion allocated by his government as ‘zonal intervention’ in the 2017 budget.”

    The court also ordered the President “to closely monitor and scrutinize the spending of N131 billion (accrued from increased oil bench mark) allocated for additional non-constituency projects expenditure, to remove the possibility of corruption.”

    It was the contention of the court that “SERAP, being a human rights non-governmental organization has sufficient interest in the way and manner public funds are being utilized in this country.”

    Reacting to the judgment of the court, SERAP deputy director Timothy Adewale said: “This judgment confirms the pervasive corruption in the budget process and the prevailing culture of impunity of our lawmakers as well as the failure of the authorities to uphold transparency and accountability in the entire budget process and implementation.

    “The judgement is an important step towards reversing a culture of corruption in the budget process that has meant that many of our lawmakers see the budget more as a ‘meal ticket’ to look after themselves than a social contract to meet people’s needs and advance equity and development across the country.”

    “This is a crucial precedent that vindicates the right to a transparent and accountable budget process and affirms the budget as government’s most important economic policy document, which is central to the realization of all human rights including the rights to health, water, and education. We are now in the process of obtaining a certified copy of the judgment. SERAP will do everything within its power to secure the full and effective enforcement of this important judgment.”

  • Breaking: Court remands Ize-Iyamu, Orbih, others

    A Federal High Court sitting in Benin City has remanded Pastor Osagie Ize-Iyamu, Chief Dan Orbih, a former Deputy Governor, Mr, Lucky Imasuen, a former member of the House of Representatives, Tony Azegbemi and Efe Anthony to prison custody.

    They are to remain in prison pending when they meet their bail applications.

    Read Also:EFCC may re-arrest Pastor Ize-Iyamu

    Pastor Ize-Iyamu and others were arraigned on Thursday by the Economic and Financial Crimes Commission on eight count charges of laundering the sum of N700m.

    Justice P.I Adjokwu remanded them to prison custody after rejecting a plea by Counsel to Ize-Iyamu, Charles Edosomwan that they be kept in the custody of the EFCC.

     

    Details later….

  • Sweet and sour

    The news report that the National Judicial Council (NJC) has set up seven investigative panels to probe 25 judges accused of corrupt practices by the Economic and Financial Crimes Commission (EFCC), is sweet and sour. It is sweet because it shows that the NJC has adopted an expeditious process to deal with allegations of corruption in the judiciary, as we have urged here severally. The news is sour as the number of judges under probe by the anti-graft agency underscores the level of challenge facing the judiciary.

    According to NJC’s Director of Information, Mr Soji Oye, NJC, under the chairmanship of the Chief Justice of Nigeria, Justice Walter Onnoghen, took the decision at its 86th meeting held on May 8 and 9, 2018. In his words: “Petitions written against the 25 judicial officers and others by the EFCC were also considered by the council, after which it resolved to empanel seven committees to look into the allegations,” The EFCC sent in the petitions against the judges, following the judgment of the Court of Appeal, Lagos Division, which dismissed the charges against Justice Hyeldzira Nganjiwa of the Federal High Court in Abuja, on the grounds that under the 1999 Constitution, the NJC is empowered to first determine the fate of judicial officers before they can be charged to court.

    We hope the NJC will henceforth determine expeditiously any petition over corrupt practices against any serving judicial officer, whether of the High Court, Court of Appeal or the Supreme Court, as its contribution to the fight against corruption. The delay in dealing with petitions had been raised by law enforcement agencies in the past. Again, the recent dismissal of cases against judges, because they were not first dealt with by NJC, even though based on a constitutional imperative, do not buoy confidence in the judiciary in the war against corruption.

    No doubt we support the application of due process in the investigation and trial of judicial officers, but considering the importance of that arm of government in the fight against corruption, every legitimate effort must be made to clean it of corrupt officials. Since the constitution has given NJC the power to cast the first stone on corrupt judges, we urge it to always do so without hesitation, once a prima facie case of corruption is established against a judicial officer. The old system of allowing allegations of corruption against judicial officers to linger must stop.

    For us, Nigeria is facing an emergency with regards to corrupt practices in public service, and so it behooves those in authority to adopt emergency measures, to stem the tide. We therefore commend the multiple panels set up by NJC and hope they will deal with their assignment expeditiously. No doubt, corruption has eaten deep into the fabrics of our nation and the judiciary is no exception. Tragically, corruption in the judiciary is far reaching, because the judicial officers have enormous constitutional powers, which include the power to punish for corruption.

    So, when a judicial officer is corrupt, the result is that corruption festers and a corruption-ridden country cannot make any progress, whether economic, political or social. Such a country stagnates in the cesspool of corruption. Unfortunately, to a large extent that has been the fate of Nigeria. To start the arduous task of cleaning our political and economic systems, the judiciary must be at the vanguard. Not much can be achieved otherwise, considering that we run a constitutional democracy.

    Take for instance the several infamous election petition tribunals that have caused our country so much in resources and social cohesion. Where politicians believe that the judiciary can be compromised, they rig elections, believing that the end justifies the means. Thus we have seen those not duly elected serve as governors and legislators for nearly a full term before their elections are declared as invalid. In such circumstance, elections become a do-or-die affair.

    Again, when judges are corrupt, commercial disputes can easily be compromised and the consequence on the national economy can be so disastrous. So, judicial corruption affects the level of direct foreign investment and even the unlawful flight of capital, as those involved know that the judiciary can easily be compromised. In our country, simple commercial disputes like loan transactions linger in our courts, and that discourages banks from giving out facilities even to genuine investors.

    The fight against corruption must be won if Nigeria is to make progress. If we have our way, the burden of proof in criminal trials should be shifted to the accused, especially in cases of graft. Considering the level of impunity by public officials, we don’t mind if the constitution, relevant criminal laws and evidence act are amended to allow that.

     

     

  • Supreme Court orders Akingbola to submit self for trial

    Chides sacked Justice Achibong

     

    The Supreme Court has ordered expeditious trial in the charge against   the former Managing Director of Intercontinental Bank Plc, Ersatus Akingbola.

    A five-man panel of the court, in a unanimous judgment, affirmed the February 20, 2015 judgment of the Court of Appeal, Lagos, which set aside the April 2, 2012 ruling the Federal High Court, Lagos, quashing the charge.

    Akingbola is one of the bank chiefs against who charges bordering on corruption were filed in 2009 by the Federal Government, through the Economic and Financial Crimes Commission (EFCC).

    The then trial judge, Justice Charles Achibong quashed the charge against Akingbola, in a ruling on April 2, 2012 on the ground that the prosecution was not diligent.

    Justice Achibong has since been compulsorily retired by the National Judicial Council (NJC).

    In its judgment, the Supreme Court ordered that the charge marked: FHC/L/443c/2009 be remitted back to the Federal High Court, Lagos for prompt hearing.

    The apex court also came down hard on Justice Achibong for his conduct in the case and for criticising the prosecution team in its handling of the case.

    Read Also: N5bn fraud: Supreme Court orders Akingbola to face trial

    Justice Sidi Bage, who read the lead judgment, said Akingbola’s appeal against the Court of Appeal’s decision of February 20, 2015 lacked merit.

    Justice Bage therefore ordered that the case be remitted to the Federal High Court and be assigned to another judge in the Lagos Division for expeditions trial.

    A member of the five-man panel, Justice Kumai Akaahs, noted that Justice Archibong, in his handling of the case, acted in a manner that belittles his title as a judge.

    Justice Akaahs, who also agreed with the lead judgment and the consequential orders made, said Justice Achibong portrayed the conduct of a military dictator in his handling of the case.

    Akaas said, “I have serious worry about the stance taken by the trial judge.

    “I reproduce the record of proceedings of the April 2, 2012 and this is the comment I have to make:

    “From the record of the proceedings, the learned trial judge needlessly descended into the arena and poured “vituperation on the team of the prosecuting counsel on their competence to prosecute and thereby removed his toga of impartiality.

    “No matter the level of provocation, engendered by the lacklustre attitude displayed by the prosecuting counsel in delaying the prosecution of their case, and the announcement by the counsel to appeal the ruling of January 31, 2012, this does not warrant the action taken by the learned trial judge in the matter.

    “Rather than act judicially, in accordance with his oath of office, the learned trial judge constituted himself into a military dictator that is known for spewing out orders that cannot be challenged.

    “A judicial officer that is worthy of answering the appellation: Honorable, should not descend so low by casting aspersions on the competence of the prosecuting team and directing the Attorney-General of the Federation to disband them.

    “This is judicial tyranny and a clear case of bias as displayed by the learned trial judge,” Akaahs said.

  • Court strikes out $2.8m suit against ex-NSITF boss, Olejeme

    A High Court of the Federal Capital Territory (FCT) in Maitama has struck out a $2.8m suit filed against an ex-Chairperson of the Nigerian Social Insurance Trust Fund (NSITF), Mrs. Ngozi Olejeme, by businessman, Prince Arthur Eze, through his company,  Oranto Petroleum Ltd.

    The plaintiff had, in its statement of claim, stated that the money, in addition to another N240 million, formed part of an interest-free loan granted to Mrs. Olejeme by Prince Eze.

    In a ruling, Justice Peter Affen struck out the suit following a notice of discontinuance which was moved by the plaintiff’s lawyer, Nwachukwu Ibegbu.

    Mrs. Olejeme had, in a motion filed in the suit, complained of being subjected to acts of intimidation, harassment and blackmail by security agencies, including the Economic and Financial Crimes Commission (EFCC) on the alleged instigation by the plaintiff.

    Read Also: NSITF to ensure safe work environment

    She also wrote to the EFCC Chairman on April 16, 2018, complaining about how the plaintiff was allegedly harassing, intimidating and threatening her life over a matter, which he had taken before a court, through his company.

    The letter titled “Re: Case of illegal and unlawful invasion of the home of Dr. Ngozi Olejeme and threats to her life by officers and men of the EFCC, Enugu Zonal office led by one Mustapha Yusuf” chronicled the alleged acts.

    In the said letter written on her behalf by the law firm of Mike Ozekhome (SAN), Mrs. Olejeme wondered why the Enugu division of the EFCC allowed itself to be used to harass, threaten and intimidate her on a purely civil matter which resulted from a transaction that took place in Abuja.

  • EFCC: NAF’s ‘diverted’ funds were for aviation fuel, Boko Haram

    An Economic and Financial Crimes Commission (EFCC) investigator Tosin Owobo on Tuesday said some of funds allegedly diverted from the Nigeria Air Force (NAF) were meant for the purchase of aviation for fuel and for “operations” related to fighting the Boko Haram insurgency.

    He said the funds were transferred from the Ministry of Defence to NAF operation account with various descriptions, including “Operation Lafia Dole.”

    Testifying in the trial of former Chief of Air Staff, Air Marshal Adesola Amosu, Owobo said NAF officers who were interrogated said the funds were for “operational activities” and were disbursed based on Amosu’s instructions.

    Amosu, former NAF Chief of Accounts and Budgeting Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget Air Commodore Olugbenga Gbadebo were arraigned before Justice Mohammed Idris of the Federal High Court in Lagos.

    EFCC accused them of converting N21billion from NAF through various companies, namely Delfina Oil and Gas Ltd, Mcallan Oil and Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BDC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon Health Care Ltd.

    Owobo said a team of eight operatives investigated the case, that he participated in all aspects of the investigation, and that the commission did not conduct raids but searches.

    His team, he said, investigated the sources of funds which flowed into NAF operation account.

    The witness said there were inflows of N1billion on January 17, 2013; N100million on May 15, 2013 and N18.6million on June 12, 2013 from Ministry of Defence Headquarters.

    Amosu’s lawyer Chief Bolaji Ayorinde (SAN), while cross-examining Owobo, asked: “While doing analysis during your investigations, did you discover what purpose the inflow was meant for?”

    The witness said: “After we began our investigations, the NAF officers we had a discussion with told us that money paid into this account was for operational activities.”

    Ayorinde asked: “Did you ask the Ministry of Defence why the N1billion was paid from the Ministry?” Owobo said: “I cannot remember.”

    Asked if he knew what the N18.6 million was meant for, Owobo said: “We did not inquire.”

    Owobo said former Chief of Air Staff Alex Badeh was among those interviewed during the investigation, and that he made a statement.

    Ayorinde then asked that Badeh’s statement, which was not frontloaded, be provided. He said he needed the statement for his client’s defence.

    But, prosecuting counsel Rotimi Oyedepo asked that the matter be stood down for 20 minutes to enable him get Badeh’s statement. He opposed Ayorinde’s application for an adjournment, saying it would further delay the case.

    However, all the defence counsel rejected the application for a stand-down, saying it was better to adjourn.

    Ruling, Justice Idris said: “Section 36 of the Constitution guarantees the right to fair hearing, which means that the rights and interests of parties to a dispute before the court should be protected.

    “Where a party to a criminal trial has applied for documents in the possession of the state to enable him prepare adequately for his defence, the state has a duty to make available to that party, duly certified copies of the documents upon payment of the required legal fees.

    “In the interest of justice, I think it is more convenient to adjourn in line with the provisions of the Administration of Criminal Justice Act. I know that while justice delayed is justice denied, justice rushed is justice crushed. We shall adjourn in the interest of justice.”

    Justice Idris adjourned until May 15.