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Patience Jonathan kicks as EFCC seeks forfeiture of $8.4m, N9.1bn

Wife of former President Goodluck Jonathan Dame Patience, has asked the Federal High Court in Lagos to strike out an ex-parte application filed by the Economic and Financial Crimes Commission (EFCC) seeking temporary forfeiture of her $8,435,788.84 and N7.35billion.

She is praying the court for an order striking out the motion filed last December 13 on the grounds that it lacks jurisdiction to hear it.

Mrs Jonathan said the motion was “a gross abuse of court process” because the issues were already pending before Justice Binta Nyako of the Federal High Court in Abuja.

“The ex-parte originating summons filed by the EFCC amounts to forum shopping, thus an abuse of court process,” she said.

Through her lawyer Mr Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), Mrs Jonathan said the same application had earlier been filed by the EFCCC before Justice Mojisola Olatoregun of the court’s Lagos division, upon which it had obtained an ex-parte order.

She said the same application was before Justice Nyako “over same parties to be affected by this same application.”

The former first lady said EFCC allegedly failed to disclose the different suits and orders made prior to filing the application before Justice Olatoregun in Lagos.

“The respondent is making great mockery of the judicial system and in extension this honourable court,” Mrs Jonathan said.

In a supporting affidavit, a lawyer in Ozekhome’s chambers, Chimaobi Onuigbo, said EFCC knowing that its application had been challenged in Abuja, filed the one in Lagos.

“The respondent upon knowing that their application had been challenged has come to this court to seek same relief over same accounts and parties that it has filed same application against in all the suits already mentioned,” he said.

The respondents in EFCC’s motion are Mrs Jonathan, Globus Integrated Services, Finchley Top Homes Ltd, AM PM Global Network Ltd, Pagmat Oil and Gas Nig. Ltd, Magel Resort Ltd and Esther Oba.

Onuigbo said their accounts had been frozen for over one year although they had not been charged with any offence by the EFCC.

“They (Mrs Jonathan and others) have never been invited, investigated, charged or convicted by any court after same accounts have remained freezed for over one year and two months.

“I know that the applicant will never disclose these gross abuse of the judicial process of this court to this honourable court as this same matter is pending before four different courts of concurrent jurisdiction,” the deponent said.

EFCC lawyer Rotimi Oyedepo at the last hearing, informed Justice Olatoregun that he had filed an affidavit showing that all the monies EFCC is seeking to be forfeited were not subject of litigation in any court.

He said the coast was clear to hear the forfeiture application, adding: “The application we filed in Lagos is for forfeiture and it is not pending before any court other in Nigeria.”

EFCC said the funds, which it believes were diverted from Bayelsa State, were found in 15 bank accounts linked to Mrs. Jonathan.

According to the commission, the funds were allegedly moved from Bayelsa State’s coffers when Mrs. Jonathan served as permanent secretary.

The Commission alleged that she gained access to the funds by fraudulently assuming the identity of one Esther Oba as the signatory to the accounts.

Hearing was stalled in the case yesterday due to Justice Olatoregun’s absence.

The case was fixed for tomorrow for hearing.

February 13, 2018
Funds diversion: Ex-NAF chief holds plea bargain talks with EFCC

A former Chief of Air Staff, Air Marshal Adesola Amosu, on Monday told the Federal High Court in Lagos that he was holding plea bargain talks with the Economic and Financial Crimes Commission (EFCC).

An investigation officer, Tosin Owobo, had earlier testified that Amosu and two other former Nigeria Air Force (NAF) chiefs allegedly diverted N21billion to their personal accounts from NAF.

He said they diverted the sum through several companies which they personally incorporated and none of which had any transaction or contract with NAF.

Owobo was testifying in the trial of 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.

They were arraigned before Justice Mohammed Idris but pleaded not guilty to the charges filed against them.

An initial plea bargain talks with EFCC broke down after they reportedly refunded about N2billion to the Federal Government.

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

On Monday, EFCC’s lawyer, Nnaemeka Omewa, told the court that the defence team was currently in talks with the Commission towards reaching a plea bargain agreement.

“My lord, the defence team met with the prosecution and has proposed terms of settlement. We are still on it, but we are also ready to go on with the trial of the accused persons,” Omewa said.

Amosu’s lawyer, Chief Bolaji Ayorinde (SAN), confirmed that talks were ongoing, but he sought an adjournment to allow parties conclude with discussions.

“It is true that parties have met. It is also true that terms have not been fully perfected. Therefore, parties will be willing to come back before the court to report the outcome of our discussions,” he said.

Owobo had testified that N5.9billion was transferred from NAF accounts to Delfina Oil and Gas Limited.

February 12, 2018
Patience Jonathan kicks as EFCC seeks forfeiture of $8.4m, N7.3b

Wife of former President Goodluck Jonathan, Dame Patience, on Monday asked the Federal High Court in Lagos to strike out an ex-parte application filed by the Economic and Financial Crimes Commission (EFCC), seeking the temporary forfeiture of her $8,435,788.84 and N7.35 billion respectively.

She asked the court to grant an order striking out the motion filed on December 13 last year because it lacks jurisdiction to hear it.

Mrs. Jonathan said the motion was “a gross abuse of court process” because the issues were already pending before Justice Binta Nyako of the Federal High Court in Abuja.

“The ex-parte originating summons filed by the EFCC amounts to forum shopping, thus an abuse of court process,” she said.

Through her lawyers, Mr. Ifedayo Adedipe (SAN) and Chief Mike Ozekhome (SAN), the former first lady said the same application had earlier been filed by the EFCC before Justice Mojisola Olatoregun of the court’s Lagos division, upon which it had obtained an ex-parte order.

She said the same application was before Justice Nyako “over same parties to be affected by this same application.”

She said EFCC allegedly failed to disclose the different suits and orders made prior to filing the application before Justice Olatoregun in Lagos.

“The respondent is making great mockery of the judicial system and in extension this honourable court,” Mrs. Jonathan said.

In a supporting affidavit, a lawyer in Ozekhome’s chambers, Chimaobi Onuigbo, said EFCC knowing that its application had been challenged in Abuja, filed the one in Lagos.

“The respondent upon knowing that their application had been challenged has come to this court to seek same relief over same accounts and parties that it has filed same application against in all the suits already mentioned,” he said.

The respondents in EFCC’s motion are – Mrs. Jonathan, Globus Integrated Services, Finchley Top Homes Limited, AM PM Global Network Limited, Pagmat Oil and Gas Nigeria Limited, Magel Resort Limited and Esther Oba.

Onuigbo said their accounts had been frozen for over one year although they had not been charged with any offence by the EFCC.

February 12, 2018
Court dismisses Ricky Tarfa’s ‘no case’ submission

A Lagos High Court sitting in Igbosere on Friday dismissed the no case submission made by a Senior Advocate of Nigeria (SAN), Rickey Tarfa.

Justice Adedayo Akintoye ruled that the Economic and Financial Crimes Commission (EFCC) had substantially proved its case against Tarfa.

The judge noted that the justice of the case thus requires that the court should demand some explanations from the defendant in respect of the charges.

She ordered Tarfa to enter his defence on the next adjourned date – March 13.

Justice Akintoye also dismissed Tarfa’s application; seeking N520 million from the EFCC as damages for alleged malicious prosecution.

The judge described the application as unmeritorious.

The EFCC arraigned Tarfa on March 10, 2016 on a 27-count charge which was subsequently amended to 26 counts.

He was accused of alleged willful obstruction of authorised EFCC officials, refusal to declare assets and giving false information to a public officer by lying about his age.

The Commission also alleged, among others, that the lawyer offered N5.3million gratification to Justice Hyeladzira Nganjiwa in order to compromise the judge.

Tarfa pleaded not guilty to the charges.

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February 9, 2018
INEC seeks EFCC’s collaboration on vote buying, campaign funds

The Independent National Electoral Commission (INEC) has solicited support of the Economic and Financial Crimes Commission (EFCC) in addressing “open votes buying’’ and monitoring political parties’ campaign funds.

Its Chairman, Mahmood Yakubu, made the request yesterday when he received the Chairman of the EFCC, Ibrahim Magu, at INEC headquarters in Abuja.

Yakubu said INEC required the support of the anti-graft agency in the two key areas, especially as the commission approached the 2019 general elections.

He said the country’s democracy should be determined by the citizens through their votes and not through the highest bidder.

“INEC is worried by the recent trend of open vote buying at polling stations. Some candidates have started to go to voting units with sacks of money to induce votes.

“Votes of citizens should determine by who wins in an election. Our democracy must never be on sale in an open market. It is the will of the people that should determine who wins.

“Therefore, Mr. Chairman, we look forward to working very closely with the EFCC to ensure that open vote buying will not affect the elections.

“We do not want 2019 general elections to be determined by the amount of money people have or who run for elections into offices.

“Votes are never for sale. It is the right of Nigerians to vote whoever they want.

“The second area is about party and campaign finance. The Electoral Act places limit as to amount parties and individuals can spend and also the amount friends of candidates can contribute in any election.

“We will like the EFCC with both the mandate and the capacity to track and trace sources of fund to work very closely with us so that we can operate within the limit of the law.

“Our democracy is never to be on sale and will never be on sale. I believe working with the EFCC, we can achieve that,’’ Yakubu said.

The INEC chairman said if the country got the elections right, it would also get right its democracy.

“Once we get our democracy right, we are on the way to solving both the national and social problems bedeviling the nation.

“I believe if we get our democracy and elections right, it will also be vital for the EFCC, because most of the big cases we hear are related to elections and EFCC,’’ he said.

He assured Nigerians that INEC would remain an unbiased empire and would not work for any candidate or party.

Yakubu, however, decried the working conditions of INEC workers, saying the commission was one of the agencies in the country working under severe pressure and time limit.

“As a result of the tremendous pressure on the staff of the commission, last year alone we lost 85 staff many of them as a result of stress-related causes.

“As we speak, one of our staff had a stroke yesterday and he is in intensive care in the hospital.

“But we will continue to do what we have sworn to do in the interest of this country irrespective of what the pressure is.’’

Magu said he was in the commission to reiterate EFCC support to INEC, saying the two commissions were already collaborating in areas of investigations and prosecution of election offenders.

February 9, 2018
EFCC arrests fake U.S. army officer

The Economic and Financial Crimes Commission (EFCC) has arrested two men for “impersonating” its operatives to obtain $10,000 by false presence.

The Spokesman for the EFCC, Wilson Uwujaren, disclosed this in a statement on Thursday.

Uwujaren identified the suspects as one Mike Nkwocha and Richardson Obasogie, a “self-confessed Colonel in the United States Army.”

He said their victim had petitioned the Commission, alleging that one Ladan Mustapha, who claimed to be an EFCC operative, called to inform him that there was a petition against him.

Mustapha allegedly told the victim that the petition bordered on illegal acquisition of assets in different parts of the country for which he was currently under investigation.

Uwujaren said: “Together with his partner, Nkwocha, a meeting was arranged, in which $200,000 was demanded as gratification in order to ‘kill’ the case, but $15,000 was later agreed upon as payment.

“An initial payment of $5,000 cash was made to Nkwocha, while he continued to put pressure on him for the balance of $10,000.

“However, suspecting foul play, after a retired personnel of the DSS (Department of State Services) told the petitioner that EFCC operatives don’t demand money to carry out official duties, the EFCC was petitioned.”

According to him, Nkwocha was arrested, and during interrogation, confessed that Obasogie was the “brain” behind the fraud.

He said a search warrant was executed on the suspects’ houses resulting in the recovery of incriminating items.

NAN

February 8, 2018
Diezani cash: EFCC re-arrests ex-INEC chief for ‘diverting’ N450m

THE Economic and Financial Crimes Commission (EFCC) yesterday re-arrested a former Administrative Secretary at the Kwara State office of the Independent National Electoral Commission (INEC), Mr. Christian Nwosu.

He was arrested after yesterday’s proceedings in another criminal case at the Federal High Court in Lagos.

EFCC charged Nwosu and Tijani Inda Bashir with receiving N30 million bribe from former Petroleum Minister Mrs. Diezani Alison-Madueke to rig the 2015 election result.

They were arraigned with Yisa Adedoyin, who pleaded guilty to receiving cash payment of N70,050,000 from Mrs. Alison-Madueke.

Mrs. Alison-Madueke is also named in the charge, but is said to be “at large”.

Nwosu pleaded guilty when he was first arraigned, but changed his plea to not guilty after claiming EFCC induced him to plead guilty.

Yesterday, EFCC’s investigator Usman Zakari tendered Nwosu’s account statements showing details of the N30 million.

The witness said Nwosu received N17 million in his Diamond Bank Plc account and N13 million in his Union Bank Plc account.

Zakari also tendered some title documents of land allegedly acquired by Nwosu with some of the funds.

After the documents were admitted in evidence, the prosecution closed its case.

Defence counsel Victor Opara said his client would file a no-case submission, meaning they do not intend to call any witness to defend the case because they believe the prosecution’s case is weak. After the proceedings, Nwosu and his co-accused were arrested.

It was learnt that their arrest was in connection to a fresh finding by EFCC that they allegedly diverted N450 million to a company called Advaita Nigeria Limited through an INEC cashier.

Bashir is said to be a director in the company.

EFCC said Nwosu is a signatory to an account where the money was hidden, and that his wife benefited N11.8 million.

The commission said Bashir got N25 million through a company called Heiza Nigeria owned by his relative, Saliu Yakubu.

Nwosu had claimed that the N30 million he collected was for logistics purposes during the election, and that his office knew how the money was spent.

He also said the money was shared to INEC ad-hoc staff for logistics.

Nwosu had earlier claimed that EFCC allegedly forced him to surrender his property worth N30 million and that he was induced to part with N5 million in a bid to regain his freedom.

According to him, the statements he made at EFCC were dictated to him while the one he made voluntarily was described as “rubbish”.

Justice Mohammed Idris adjourned till March 7 for hearing of the no-case submission.

February 8, 2018
EFCC charges Goje, others with N5b fraud

The Economic and Financial Crimes Commission (EFCC) has filed an amended N5 billion fraud charge against former Gombe State Governor Danjuma Goje at a Federal High Court in Gombe.

He is charged along with Alhaji Aliyu U. El-Nafaty, S. M. Dokoro Gombe (aka S.M Dokoro) and Alhaji Sabo Mohammed Tumu.

The defendants are yet to be arraigned.

The charge was filed by EFCC counsel Mr Wahab Shittu.

EFCC said Goje, between September and November 2010, allegedly forged a document, titled: Resolution authorising His Excellency the Executive Governor of Gombe State to acquire loan of N5,000,000,000.00 only, with reference number GM/HA/RES/Vol. 1/17.

The commission said the resolution was purportedly signed by the Clerk of Gombe State House of Assembly, Shehu Mohammed Atik.

It added that the resolution arose from the Assembly’s proceedings.

The prosecuting counsel averred that the information was false.

He said the intent was for the forged document to be used or acted upon as genuine by Access Bank Plc.

EFCC said the bank acted on the resolution in the belief that it was genuine and approved a N5 billion facility to the state for infrastructural projects.

The anti-graft agency said Goje, between November 2, 2010 and February 24, 2011, transferred the N5 billion “allocated strictly for infrastructural projects to other purposes unconnected with infrastructural projects”.

It said the money was allegedly transferred to several individuals and corporate bank accounts, as reflected in Gombe State government’s Account Numbers 0003273131 and 0003273227 with Access Bank Plc.

EFCC said they were acts of illegality, aimed at concealing the illicit origin of the money with a view to evading the illegal consequences of Goje’s action.

The offence, the agency said, contradicts Section 14 (1)(a) of the Money Laundering (Prohibition Act) 2004 and punishable under Section 14.

EFCC said the former governor transferred the money “without appropriation”, the sum “being facility obtained from Access Bank Plc for infrastructural projects, being an illegal act, concealing the illicit origin with a view to evading the illegal consequences of your action thereof”.

In the 20-count charge, the agency accused Goje of transferring N21,874,260.62 to his cousin, Tumu, “for the supply of food items to Gombe State Government House”.

It said the former governor “reasonably ought to know that the contract for the food supplies awarded to Alhaji Sabo Mohammed Tumu was not the outcome of any competitive bidding process in accordance with the Due Process Guidelines contained in the due process circular with reference number GO/CS/S/MEM/VII/358, dated February 25, 2008 (and) adopted by your administration”.

Tumu was accused of laundering the sum in the name of supplying food items to Gombe State Government House when he knew or reasonably ought to know that the contract was not the outcome of any competitive bidding process.

Dokoro was accused of transferring, without reasonable excuse, 50 units of Toyota Hiace buses owned by Gombe State government valued at N242,500,000 to government functionaries rather than by public auction.

EFCC said it was at a “gross undervalue of N22 million as a reward with intent to confer undue advantage on the public officials from bidding at a public auction”.

Goje and El-Nafaty were accused of mismanaging N1.6 billion Universal Basic Education Commission (UBEC) and State Universal Basic Education Board (SUBEB) funds earmarked for a contract to Real Integrated and Hospitality Limited for the supply of 1.4 million dictionaries to primary and junior secondary schools.

The amended charge, Shittu said, had been filed and served on the accused persons.

According to him, plea is likely to be taken on the next adjourned date: April 10 and 11.

February 8, 2018
N650m: Ex-FCT Minister Akinjide in plea bargain talks with EFCC

A former Minister of the Federal Capital Territory (FCT), Jumoke Akinjide, yesterday told the Federal High Court in Lagos that she was holding plea bargain talks with the Economic and Financial Crimes Commission (EFCC).

Mrs. Akinjide, Senator Ayo Adeseun, and a People’s Democratic Party (PDP) chief, Mrs. Olanrewaju Otiti, were accused of laundering N650 million.

EFCC said they allegedly received the money from former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke, who was named in the charge as being at large, ahead of the 2015 general elections.

Trial was billed to resume yesterday with EFCC set to call its witness. But Akinjide’s lawyer Chief Bolaji Ayorinde (SAN) said the N650 million had been returned to the Federal Government as part of the plea bargain.

He said: “My lord, the charge before this court is essentially in relation to the PDP campaign funds for the 2015 elections in Oyo.

“Before trial commenced, the defendants, who were chieftains of the PDP in Oyo at the time, acting on the collective decision of the party, decided to refund the monies mentioned in the charge.

“In the light of the above, before the trial commences full-blown, we are imploring the court to allow parties to explore possible amicable settlement.

“I have had a talk with the lead counsel for the prosecution, and so, going forward, we think it wise not to subject this matter to further adjudication, so as not to waste the time and resources of the court.

“In that light, I have suggested that all counsel meet, so as to look at a way forward on this charge, especially considering the fact that the monies complained of, has already been refunded.

“My application, therefore, is that this court adjourns further hearing, pending the outcome of discussion by counsel.”

Prosecuting counsel Rotimi Oyedepo confirmed that the money had been returned, adding that the case was not only about the money, but the fact that the defendants allegedly dealt “with proceeds of unlawful activity”.

He added that the N650 million was recovered from Akinjide and not from chieftains or principal members of the PDP.

Referring to Sections 270 of the Administration of Criminal Justice Act (ACJA), Oyedepo said the law allows for such “settlement discussions” by parties.

He said EFCC was not opposed to such discussions even though his witness was in court.

Justice Muslim Hassan adjourned the case to enable parties conclude the talks.

He said: “In line with Section 270 of the ACJA, which allows parties to explore plea bargain, this case will be adjourned.”

The section reads: “The prosecutor may receive and consider a plea bargain from a defendant charged with an offence either directly from that defendant or on his behalf; or offer a plea bargain to a defendant charged with an offence.”

The defendants, who pleaded not guilty, were re-arraigned on a 24-count charge of conspiring to obtain the N650 million from Mrs. Alison-Madueke, a sum EFCC said they reasonably ought to have known “formed part of the proceeds of an unlawful act”.

Justice Hassan adjourned till February 22.

February 7, 2018
Youths hail EFCC for probing Ochekpe

A group, Coalition of Youths Congress of Nigeria (CYCN), has hailed the Economic and Financial Crime Commission (EFCC) for investigating cases of embezzlement of government funds by the former administration to fund the 2015 elections.

CYCN said EFCC is doing a good job, considering that another election year is approaching.

It hoped those who diverted public funds to finance elections are punished to deter others in future.

Addressing reporters yesterday at the Murtala Muhammed International Airport (MMIA) in Ikeja, Lagos, CYCN Leader John Pam said the anti-corruption stance of the present administration would ensure that politicians do not divert the money for the development of the country.

Pam was reacting to the arraignment of a former Minister of Water Resources, Mrs. Sarah Ochekpe, a former Chairman of the Peoples Democratic Party (PDP) in Plateau State, Mr. Raymond Dabo and the Coordinator of Jonathan/Sambo re-election campaign in Plateau State, Evangelist Lyons Sunday Jatau.

They were charged with the embezzlement of N450 million belonging to the Federal Government.

The trio will be arraigned on February 13 at a Federal High Court sitting in Jos, the Plateau State capital, on charges of receiving money from a former Minister of Petroleum, Mrs. Deziani Alison-Madueke, to finance the re-election of former President Goodluck Jonathan and Sambo.

At the first hearing of the suit, Ochekpe told Justice Justice Musa Haruna Kurya that she gave the money to the late PDP governorship candidate in the 2015 election in Plateau State, G. N. S Pwajok.

CYCN said: “We are commending EFCC for taking these people to court so that when found guilty, justice will take its cause, which will be a warning to others who may want to so enrich themselves by diverting public funds meant for the provision of social amenities for our citizens.

“The interest of our group is to ensure corrupt a free society. For the first time, we have seen a government that is determined to rid this country of this scourge.”

February 6, 2018