The Nation Newspaper

Tag: EFCC

  • Fleeing witness withdrew millions from Abia account – EFCC

    The Federal High Court in Lagos on Wednesday heard that a cashier in the Abia Government House, Mr. Akpan Udoh, allegedly made several withdrawals from the state Government House account during Dr. Orji Uzor Kalu’s tenure as governor of the state.

    Testifying in Kalu’s trial for alleged money laundering, a prosecution witness, Bassey Omamurieme, said Udoh withdrew hundreds of millions of naira from the account between 2002 and 2003.

    An EFCC operative, Ovie Tobore Akpoyibo, had earlier testified that efforts to serve court summons on Udoh was unsuccessful as he had relocated to Cameroon.

    “Further efforts to get his call logs from his service provider showed that he has been hovering between Cameroon, Republic of Benin and Katsina State,” Akpoyibo said.

    Testifying at the 15th prosecution witness in the trial, Omamurieme, an Assistant Manager at the Nigerian Deposit Insurance Corporation (NDIC), said he was in the Claims Resolution Department which deals with failed banks or those in liquidation.

    He said NDIC took over the defunct Hallmark Bank Plc’s records when it was liquidated, including details of Abia State Government House account with the liquidated bank.

    “We migrated Hallmark Bank’s database onto a server which is in our custody,” he said.

    According to him, he printed the Government House statement of account from the server.

    The statement was tendered and admitted as an exhibit.

    Led in evidence by prosecuting counsel, Rotimi Jacobs (SAN), Omamurieme said Udoh made three withdrawals of N12.7million, N2.9million and N3million on February 6, 2002 from the account.

    He said Udoh withdrew N40.3million on March 6, 2002, and N35million on September 26, 2002.

     

  • How we recovered N2.4b, $115,000 from ex- NAF chief – EFCC

    The Federal High Court in Lagos heard on Wednesday how the Economic and Financial Crimes Commission (EFCC) recovered N2.4 billion and $115,000 from former Chief of Air Staff, Air Marshal Adesola Amosu.

    An EFCC investigation officer, Tosin Owobo, told Justice Mohammed Idris that Amosu returned the N2.4b via bank drafts at the agency’s Lagos and Abuja offices.

    Owobo said his team also recovered $115,000 in one of Amosu’s residences.

    Amosu is standing trial alongside former NAF Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

    They were accused of diverting about N21 billion belonging to NAF.

    They pleaded not guilty to the charges.

    An initial plea bargain talks with EFCC broke down after the defendants reportedly refunded some money to the Federal Government.

    At the resumption of proceedings on Tuesday, the prosecution counsel, Mr. Rotimi Oyedepo, led Owobo in evidence.

    When Oyedepo enquired whether the EFCC had recovered anything from the N21 billion allegedly stolen by the defendants, Owobo answered in the affirmative.

    He told the court that money, cars and landed property were seized from the defendants.

    Owobo said: About N100million was recovered from the third defendant Air Commodore Gbadebo. Funds were also left over in St Solomon’s UBA account, recovered through the first defendant’s wife.

    “About N383 million was recovered through the first defendant’s wife. The first defendant (Amosu) also refunded two bank drafts of N2.4 billion to our Lagos and Abuja offices. We recovered $115,000 in one of the first defendant’s residences.”

    Owobo listed the recovered vehicles to include a bulletproof Lexus LX 570, a bulletproof Landcruiser Sports Utility Vehicle and a Toyota Avalon.

    He added: “Various landed property and buildings were recovered from the second defendant.”

    The case continues on April 18.

  • I didn’t know suitcases Jonathan’s ADC gave me contained cash – Dudafa

    A former Special Assistant to former President Goodluck Jonathan, Dr. Waripamo-Owei Dudafa, said on Tuesday he was not aware that over five suitcases given to him by former President Jonathan’s Aide De Camp, Onne Adegbe, contained cash.

    Dudafa denied that the suitcases were 10 in number, but admitted they were more than five.

    He was testifying during hearing in former First Lady, Patience Jonathan’s suit before Justice Mohammed Idris of the Federal High Court in Lagos.

    Mrs. Jonathan was seeking to unfreeze her accounts with $15.5million.

    Counsel for the Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Oyedepo, asked Dudafa during further cross examination to confirm that Adegbe handed some bags from the President to him.

    Dudafa said: “It is part of my duties to receive gifts on behalf of the former President and his wife.”

    When Oyedepo told him that the suitcases were 10, the witness said: “They were not 10. I think they were about five.”

    Responding to a question, Dudafa said: “The bags were heavy, but I don’t know the contents.”

    When it was suggested to him that the bags contained money, he said: “Nobody told me it was money.”

    On how he came about the bags, he said: “The President called me and said the ADC would bring bags, and that I should keep them in his study downstairs. When the President returned, I handed the key to him.”

    Dudafa said he received “several of such bags” on the President’s behalf.

    Oyedepo asked: “Will it surprise you to know that there was money in the bags?”

    Dudafa responded: “I don’t know what were in the bags. The President is still alive. He can explain.”

    Dudafa had earlier testified that Mrs. Jonathan maintained personal accounts in various financial institutions, and that she had such accounts before becoming First Lady.

    He admitted instructing stewards in the State House to pay dollars into Mrs. Jonathan’s accounts.

    Asked who gave the money to the stewards, he said: “Sometimes other presidential domestic aides hand over the money. At other times I relay such instructions as given.”

    Mrs. Jonathan sued the EFCC, Skye Bank Plc and three companies – Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd and Trans Ocean Property and Investment Company Ltd.

    She is praying for an order restraining the defendants from tampering with her funds in the companies’ accounts domiciled in Skye Bank.

     

     

  • ‘Revisit NFIU’s removal from EFCC’

    The Human and Environmental Development Agenda (HEDA Resource Centre) has urged President Muhammadu Buhari to reconsider the removal of the Nigerian Financial Intelligence Unit (NFIU) from the Economic and Financial Crimes Commission (EFCC) before signing the NFIU Bill into law.

    Among others, it wants the clause on mandatory Senate confirmation of NFIU Director removed.

    HEDA said rather removing the NFIU from the EFCC, the commission’s legal framework could be amended.

    In a letter to the President signed by HEDA’s National Chairman, Mr Olanrewaju Suraju, the group said relocating the NFIU to the Central Bank of Nigeria (CBN) would cripple the country’s financial intelligence foundation.

    “The effect and impact of relocating the NFIU from the EFCC in terms of dwindling and incapacitating the EFCC in the normal cause of its operations will be enormous.

    “The philosophy of this domiciliation was informed by the fact that the EFCC is the sole agency in Nigeria with the mandate to investigate and prosecute economic and financial crimes.

    “Looking at the concerns of the Egmont Group that led to the suspension of the NFIU, there is nothing inferring that the Egmont Group does not recognise the robustness of the NFIU in terms of its operations.

    “The concerns are hinged basically on the legal framework defining the operational autonomy of the NFIU vis-à-vis the EFCC and the legal framework to protect the confidentiality of information received by the NFIU.

    “These concerns can easily be addressed by amending Section 1(2) and Section 6 (l) of the EFCC Act 2004, simplicita.

    “Going by the Egmont Group principles and protocols, the passage of the EFCC Amendment Bill without more would have automatically resulted in the lifting of the suspension of the NFIU since January 2018.

    “This option, as easy and straight forward as it is, has been jettisoned by principal protagonists of severing the NFIU from the EFCC, for reasons best known to them.

    “It is common knowledge that under the principles and procedures for membership of the Egmont Group, by its Addendum for membership published in 2005, where an FIU undergoes a fundamental change in its structure and composition, that change triggers a review and compliance process that will result to a fresh application for membership of the new FIU.

    “This will be carried out by an appointed team of mentors from the Egmont Group Secretariat who will visit the new FIU to determine if the new FIU meets the criteria for Egmont Group membership.

    “Germany just went through this process when it relocated it’s FIU from the Police to Customs. Germany was expelled, and it had to go through the process of reapplication for membership.”

    HEDA accused the CBN of complicity in money laundering cases involving former heads of state and political officers.

    “The current NFIU Bill, as it has been passed by the National Assembly, is unwieldy and detracts completely from the core functions of an FIU which is to receive information, analyse the information and disseminate to law enforcement agencies without interference.

    “It is our humble submission that as variously expressed by some stakeholders including other previous Head and Directors of the NFIU, except those with other motives than altruistic, the option of amending the EFCC Act is more feasible, simple and straightforward.

    “It will do the country so much good to restrict yourself to addressing only the concerns raised by the Egmont Group. Otherwise, we will be exposing the NFIU and Nigeria to more dire situations that may take the country another two to three years to address.

    “You are, therefore, implored to withold assent and demand the appropriate amendment to the bill hitherto; domicile the NFIU in its current position, remove clause imposing Senate confirmation of appointed Director of NFIU; and other reactionary clauses imposed by selfish Parliamentarians driven by unseen hands and motives,” the letter reads.

     

  • I didn’t know Patience Jonathan was perm sec – Dudafa

    A former Special Assistant to former President Goodluck Jonathan, Dr. Waripamo-Owei Dudafa, said on Monday he was not aware that former First Lady, Dame Patience, was a one-time permanent secretary in Bayelsa State.

    He was testifying during hearing in Mrs. Jonathan’s suit before Justice Mohammed Idris of the Federal High Court in Lagos.

    The ex- First Lady was seeking to unfreeze her accounts with $15.5million.

    Counsel for the Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Oyedepo, asked Dudafa during cross examination to confirm that Mrs. Jonathan was appointed as a permanent secretary in Bayelsa State on June 22, 2012.

    The witness said: “The appointment was not within my purview, so I don’t know anything about that.”

    Asked if he was aware that Mrs. Jonathan’s appointment was confirmed on July 23, 2012, Dudada said: “I don’t know.”

    EFCC then showed Dudafa Mrs. Jonathan’s letters of appointment and confirmation, and asked him to identify them.

    The witness added: “I have not gone through the documents as I had no prior knowledge of them. But on the surface, they’re addressed to Mrs. Jonathan.”

    Oyedepo and Dudafa engaged in a long game of hide and seek when the EFCC counsel asked if the witness deposed to his affidavit “on behalf of the plaintiff.”

    Dudafa replied: “I deposed to my affidavit as a witness.”

    Oyedepo repeated the same questions for over five times and the witness kept giving the same responses.

    At a point, the ex-presidential aide said: “I have answered the question. I will not be cajoled. I don’t know if my statement was on behalf of anybody.”

    The EFCC lawyer urged Justice Idris to warn the witness to mind his language as he could not claim to be “cajoled” under cross examination.

    After Mrs. Jonathan’s lawyer, Chief Ifedayo Adedipe (SAN), apologised on Dudafa’s behalf, the witness was shown a written statement on oath in which he stated that he deposed it on the plaintiff’s behalf.

    Oyedepo asked the witness again: “You’re here again on behalf of the plaintiff.” Dudafa responded: “I am here as a witness of the plaintiff. The plaintiff invited me here as a witness.”

     

     

  • N1.7b alleged fraud: Court grants First Nation Airline MD bail

    The Managing Director of First Nation airlines Kayode Odukoya has been granted bail by an Ikeja special offences court.

    Justice Mojisola Dada granted bail to the defendant after taking submissions of counsels to the parties in the matter.

    Justice Dada granted bail to Odukoya in the sum of N10 million and two sureties in like sum.

    The judge however ordered him to produce two sureties who are land owners in Lagos State and must deposit title documents with the court and tax clearance for three years.

    The court also granted Odukoya a temporary release provided he is able to deposit his international passport immediately with the court.

    Odukoya has two weeks to perfect the bail condition failure of which the defendant will be remanded in prison custody.

    Justice Dada based her decision to grant bail to the defendant on eight principles.

    The court considered the probability of the defendant jumping bail or not, probability of committing the crime, character of the defendant, strength of evidence, seriousness of the prosecution among others.

    Earlier, defence counsels, Olawale Akoni (SAN) and John Odubela (SAN) applied for bail for the defendant saying their application was already before the court.

    They urged the court to grant him bail in liberal terms.

    The Prosecutor, Zainab Ettu said she she was not opposed to bail for the defendant

    Odukoya was arraigned on March 16, 2018 before Justice Dada for alleged theft and forgery by the Economic and Financial Crimes Commission, (EFCC).

    His company, First Nation Airlines and Bellview Airlines are joined in the suit as second and third defendants.

    He was arraigned on a four count charge of theft of N1.7 billion and forgery of Certificate of Occupancy issued by the Lagos State Government.

    The EFCC had alleged that the CEO of the airlines forged the Memorandum of Loss of Lagos State Certificate of Occupancy registered as No. 33 at page 33 volume 1011 at the Lagos State Land Registry, Alausa, Lagos, in order that the document be acted upon as genuine and that the forged document was in respect of a property located at No. 29, Oduduwa St., Ikeja GRA, Lagos.

    Odukoya is alleged by the EFCC to have used the false document and also gave false information on oath concerning the loss of the certificate of occupancy at the Lagos State Land Registry.

    The anti-graft commission also said that on October 7, 2016, Odukoya stole and dishonestly converted to his own use N1. 7 billion belonging to Skye Bank contrary to Sections 85, 86(1) 278(1)(b), 285, 361(1),(a) (b), 363 and 364(1) of the Criminal Law of Lagos State 2011.

    Further trial has been adjourned till May 7 and 10, 2018.

    Read Also: EFCC arraigns First Nation Airline MD for alleged theft, forgery

  • Ekweremadu: Reps tackle special presidential investigative Panel

    House of Representatives Thursday resolved to probe the activities of the Special Presidential Investigative Panel for the Recovery of Public Property to ensure that it is in tandem with the law and conforms to best practices.

    The panel is alleged to be interfering with the activities of the Code of Conduct tribunal.

    The resolution of the Green Chamber was sequel to the passage of a motion sponsored by Hon. Kingsley Chinda (PDP, Rivers)

    Recall that the SPIP recently filed an ex-parte motion through a legal practitioner, Festus Keyamo asking  the Federal High Court in Abuja to freeze all hidden assets belonging to the Deputy Senate President, Ike Ekweremadu.

    Chinda, while moving the motion noted the inauguration of the Special Presidential Investigative Panel (SPIP) pursuant to the Public Property Special Provisions Act, CAP R4 LFN, 2004 otherwise known as Decree No 3, 1984 with the commencement date of 31st December 1983.

    “The said panel is alleged to have received petitions from Nigerians and its mode of operation is to proceed to invite citizens to fill asset declaration form which is by law the exclusive mandate of the Code of Conduct Bureau under the Code of Conduct and Tribunal Act CAP T 15, LFN 2004”.

    “Following the activities of the Panel, the Honourable Attorney General of the Federation has received several complaints from the general public on the need to take an in-depth look at the law viz-a viz the various anti-corruption agencies that are now established, particularly the Code of Conduct Bureau and the Code of Conduct Tribunal”, the lawmaker said.

    Chinda further said Section 153 of the 1999 Constitution captures the Code of Conduct Bureau as a federal executive body and that the 5th Schedule to the 1999 Constitution provides greater details of the act amounting to a breach of the code of conduct of public officers and established the Code of Conduct Tribunal.

    His words: “Part II of the Schedule defined a public officer in the context of the constitutional provision.

    “The Public Property (Special Provision) Act codified as CAP R4 LFN, 2004 predates the Code of Conduct and Tribunal Act CAP T15 LFN 2004, whereas the Act commenced 31st Dec, 1983, the Code of Conduct Bureau and Tribunal Act commenced on 1st January, 19991, (8 years later).

    “The Public Property (Special Provision) Act CAP R4 LFN 2004 is a spent law by virtue of the Code of Conduct Bureau and Tribunal Act, CAP T15 LFN 2004, the functions specified by the Act to be performed through panels established by the President are now performed by the Code of Conduct Tribunal which serves as a special court headed by a qualified Judge of a superior court of record in Nigeria to try the offences regarding the breach of the Code of the conduct of public officers. Beside the Code of Conduct Act being a newer law on the subject matter, has made specific provisions on the matter.

    “It is a trite law that the court would construe a later act as repealing an earlier one if the two provisions cannot stand together or if they both make the same provisions dealing with a similar subject matter as established in Trade Bank Plc Vs. Lagos Island Local Govt (2003) FWLR (Pt 161) 1734”, Chinda added.

    According to him, “there cannot be two parallel agencies of government no matter the manner of operation undertaking the same functions in whatever guise or form.

    “This more so where the functions are so similar that the public are meant to go through repeated processes and procedures which may infringe on their rights and give rise to series of litigation and the consequential loss of revenue both in overheads and the execution of awards in the damages”.

    “Special Presidential Investigation Panel (SPIP) ought not to have been set up in view of the existence of such institutions as the EFCC, ICPC and especially the Code of Conduct Bureau and the Code of Conduct Tribunal both created by law and supported by the 1999 constitution.

    “Mindful that the Code of Conduct Tribunal is a special court whose Chairman is a qualified Judge of a superior court of record dealing with matters related to the subject whereas the Public Property (Special Provision) Act, CAP R4, LFN, 2004 gives jurisdiction to the Federal High Court under Section 2(2)b which is not only inconsistent with the Code of Conduct Bureau and Tribunal Act but inconsistent with section 251 of the Constitution of the Federal Republic of Nigeria which did not include the code of conduct matters under the jurisdiction of the Federal High Court – Trade Bank plc Vs Lagos Island Local Govt (2003)”, the lawmaker said.

    He added that there are economic implications of setting up multiple agencies with its ravaging effects on the revenue of government.

    Speaker Yakubu Dogara in his ruling said the House will set up an ad-hoc committee to investigate the modus operandi and legality of the Special Presidential Investigation Panel (SPIP).

    Read Also: Reps seek implementation of free education for Nigerian children

  • ‘EFCC can’t declare anyone wanted without court’s permission’

    A High Court of the Federal Capital Territory (FCT) has held that the Economic and Financial Crimes Commission (EFCC) lacks the powers to declare anyone wanted without first obtaining a court order.

    Justice Othman Musa said in a judgment on Thursday that the EFCC could declare wanted anyone who failed to honour its invitation but the power could only be exercised after it has obtained a court order to that effect.

    Justice Musa’s judgment was on a fundamental rights enforcement suit filed by the Chief Executive Officer of AITEO Group, Benedict Peters.

    In the suit marked: FCT/HC/CV/23/2017, Peter accused EFCC of declaring him wanted on its web site without due process.

    The suit had EFCC and the Attorney General of the Federation (AGF) as respondents.

    He said the decision of the EFCC to declare him wanted without a pending charge or a valid court order to that effect was a violation of his fundamental rights.

    The EFCC said Peters was being investigated over his alleged involvement in the 2015 election bribery.

     

  • Key witness in Kalu’s trial flees to Cameroon, says EFCC

    THE Federal High Court in Lagos yesterday heard that an accountant in the Abia Government House, Mr. Akpan Udoh, who was summoned to testify in the trial of former Governor Orji Uzor Kalu, has allegedly relocated to Cameroon.

    An EFCC operative, Ovie Tobore Akpoyibo, of the commission’s Port Harcourt Office, while testifying as the 13th prosecution witness, had said on Monday that effort to serve the summons on Udoh, a former cashier at the Abia State Government House, was unsuccessful.

    Yesterday, the witness said EFCC operatives were able to reach Udoh’s  brother, who claimed that he had relocated to Cameroon.

    “Further efforts to get his call logs from his service provider showed that he has been hovering between Cameroon, Republic of Benin and Katsina State,” Akpoyibo said.

    Under cross-examination by defence counsel Mr. Awa Kalu (SAN), the witness said he did not know if Udoh was still alive and had never met him.

    During re-examination by prosecuting counsel Rotimi Jacobs (SAN), the witness said Udoh had deliberately evaded the summons and that he had earlier cooperated with the commission before they lost contact with him.

    He said: “Prior to the time we went to his house to serve court summons on him, there was a phone conversation with him in which he was duly informed of the court’s summons. But shortly after the conversation, he switched off the phone.

    “However, when I visited his house, he had evacuated his family. This made the commission to contact the service provider in order to monitor his movements.

    “We discovered he was in Cameroon and thereafter went to Benin Republic. The action impliedly can be termed as running away from been served with court’s summons.”

    EFCC also called its 14th witness, Emojevwe Eboh, a compliance officer at the First City Monument Bank (FCMB).

    Eboh told the court that sometimes in February 2008, the EFCC requested for the account opening package of a firm known as General Ventures International Limited.

    He said the documents were later forwarded to the anti-graft agency. They were admitted as exhibits by the judge.

    The witness said Kalu and Mr. Godwin Akubuike were the shareholders and directors of General Ventures Nigeria. He listed 40 local cheques credited into the company’s account.

    The commission re-arraigned Kalu, Udeh Udeogu and Slok Nigeria Limited on 34 counts of laundering N3.2billion, to which they pleaded not guilty.

    EFCC said the defendants allegedly diverted about N3.2billion from the Abia’s treasury while Kalu was the governor.

    The prosecution said Slok “knew or at least suspected the said Orji Uzor Kalu to have engaged in a criminal conduct.”

    Justice Mohammed Idris adjourned till March 28 and March 29.

     

     

  • Key witness in Kalu’s trial flees to Cameroon – EFCC

    The Federal High Court in Lagos Tuesday heard that an accountant in the Abia Government House, Mr. Akpan Udoh, who was summoned to testify in the trial of former Governor Dr Orji Uzor Kalu, has allegedly relocated to Cameroon.

    An EFCC operative, Ovie Tobore Akpoyibo, of the commission’s Port Harcourt Office, while testifying as the 13th prosecution witness, had said on Monday that effort to serve the summons on Udoh, a former cashier at the Abia State Government House, was unsuccessful.

    Yesterday, the witness said EFCC operatives were able to reach Udoh’s  brother who claimed that he had relocated to Cameroon.

    “Further efforts to get his call logs from his service provider showed that he has been hovering between Cameroon, Republic of Benin and Katsina State,” Akpoyibo said.

    Under cross examination by defence counsel Mr Awa Kalu (SAN), the witness said he did not know if Udoh was still alive, and had never met him.

    During re-examination by prosecuting counsel Rotimi Jacobs (SAN), the witness said Udoh had deliberately evaded the summons and that he had earlier cooperated with the commission before they lost contact with him.

    He said: “Prior to the time we went to his house to serve court summons on him, there was a phone conversation with him in which he was duly informed of the court’s summons, but shortly after the conversation he switched off the phone.

    “However, when I visited his house, he had evacuated all his family. This made the commission to contact the service provider in order to monitor his movement.

    “We discovered he was in Cameroon and thereafter went to Benin Republic. The action impliedly can be termed as running away from been served with court’s summons.”

    EFCC also called its 14th witness, Emojevwe Eboh, a compliance officer at the First City Monument Bank (FCMB).

    Eboh told the court that sometimes in February 2008, the EFCC requested for the account opening package of a firm known as General Ventures International Limited.

    He said the documents were later forwarded to the anti-graft agency. They were admitted as exhibits by the judge.

    The witness said Kalu and Mr Godwin Akubuike were the shareholders and directors of General Ventures Nigeria. He listed 40 local cheques credited into the company’s account.

    The commission re-arraigned Kalu, Udeh Udeogu and Slok Nigeria Limited on 34 counts of laundering N3.2billion, to which they pleaded not guilty.

    EFCC said the defendants allegedly diverted about N3.2billion from the Abia’s treasury while Kalu was the governor.

    The prosecution said Slok “knew or at least suspected the said Orji Uzor Kalu to have engaged in a criminal conduct.”

    Justice Mohammed Idris adjourned until March 28 and March 29.

    Read Also: http://staging.thenationonlineng.net/kalu-efcc-trade-blames-money-laundering-trial-delay/