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Tag: EFCC

  • I did not buy any house from Maina – Falana

    I did not buy any house from Maina – Falana

    Activist lawyer, Femi Falana (SAN) has said that he did not buy any house from the former chairman of the Pension Reform Task Team (PRTT), Abdulrasheed Maina.

    He said on Tuesday in Lagos that there was no truth in the claims by Maina that he bought a PRTT recovered property from Maina.

    The senior lawyer challenged Maina to produce the details of the house that he purportedly bought from him. “Which house? Where is it located? Is it in Lagos or Abuja,” he asked.

    Maina, through his lawyer, Sani Katu, had in a statement issued in Kaduna on Monday alleged that the senior lawyer was a beneficiary of a recovered asset which was sold to him for N1 billion.

    According to him, “it was because the lawyer was a beneficiary of the recovered assets that he has resorted to attacking him, fearing that he would be exposed.

    He said, “during the assignment of the Maina Led Pension Reform Task Force Team, it recovered assets and funds worth N1.6trillion. Amongst the real Estates recovered from pension thieves is a Maitama mansion worth N1billion situated at No 42 Gana Street, Maitama Abuja.

    Recently, the lawyer has been vociferous in asking for Maina’s arrest and crucifixion, because he is afraid that Maina will expose him as a party to the stealing of what Maina Team recovered assets.

    He alleged that when eyebrows were raised on the transaction, the former chairman of the Economic and Financial Crimes Commission (EFCC), then “arranged a fake scenario that one Alhaji Aliyu Abubakar, owner of AA Oil, was said to have sold the mansion to Falana at N1billion.”

    But Falana, in his reaction to the issue on Tuesday contended that he did not buy any house from him, “does not know Maina and has never met him before.

    “Let him give details of the house. I have never met him or had any dealings with him before. He is engaging in the reckless blackmail because I criticized the careless handling of his matter by the federal government,” he maintained.

    How Oronsaye, Maina diverted pension funds, by EFCC
    •Maina

    Falana contended that some people in government must have conspired and prodded Maina to make the allegation in order to disparage his person because he advised President Muhammadu Buhari to act fast in imposing appropriate sanctions on government officials who allegedly conspired to bring back the former Chairman of the defunct PRTT back to the country and got the fugitive reinstated into the public service with promotion.

    Falana said he gave the advice in order to save the Buhari administration’s anti-corruption policy, whose credibility he alleged had been eroded by the Federal Government’s handling of the Maina scandal so far.

    To buttress his position, he recalled that at a time the State Security Services (SSS) declared Maina wanted and were looking for him, Maina was moving about with SSS officials assigned to provide him with security.

    Maina was sacked in 2013 after he was declared wanted by the Economic and Financial Crimes Commission (EFCC) over corruption allegations involving about N2billion pension fund.

    Falana had in a statement, titled ‘President Buhari should act with dispatch on Mainagate’, on Sunday stated that the officials who aided Maina back to the country and paid the fugitive arrears of salaries and allowances totaling N22m “deliberately set out to subvert the anti-corruption policy of the Buhari administration”, adding, ““time is certainly not on the side of President Buhari!”

    He had asked the Buhari administration to sanction all officials who “conspired to expose the administration and the nation to such avoidable shame,” emphasizing that sanctions imposed on them by the President would make or break the administration’s “fight against corruption and impunity.”

    He noted that though the Federal Government has promised not to sweep the Mainagate under the carpet, the handling of the monumental scandal eroded the credibility of the anti-corruption crusade of the Buhari administration.

    “Therefore, the sanctions which the Federal Government will mete out to all the officials who conspired to expose the administration and the nation to such avoidable shame will make or mar (sic) the fight against corruption and impunity which is the cornerstone of the domestic and foreign policy thrust of the administration,” he stated.

  • EFCC Act: To be repealed or not?

    EFCC Act: To be repealed or not?

    Last Tuesday, Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami proposed the repeal and re-enactment of the Economic and Financial Crimes Commission (EFCC) Act. He said this would make way for a comprehensive overhaul of the issues in the Act which have been hampering its fight against corruption. But lawyers conversant with EFCC operations are divided on the proposal, ADEBISI ONANUGA writes.

    The Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, last week wrote to the House of Representatives seeking a review of the Economic and Financial Crimes Commission (EFCC) Act 2004, to remove all lacuna hindering the performance of its duties.

    The AGF asked members of the Lower Chamber of the Legislative House for a comprehensive review of the Act. Alternatively, he suggested they repeal and re-enact the Act, to come up with a new and harmonised bill that would address the issues he raised.

    The House Committee on Financial Crimes, chaired by a member of the All Progressives Congress (APC) from Ogun State, Mr. Kayode Oladele, last Tuesday presented two bills to the House for public hearing: “A Bill to Amend the Economic and Financial Crimes (Establishment) Act” and “A Bill to Amend the Money Laundering (Prohibition and Prevention) Act”.

    The AGF, it was reported, gave a long list of proposed amendments which included a bill granting autonomy to the Nigerian Financial Intelligence Unit (NFIU), currentlty domiciled under the EFCC.

    The AGF proposed the setting up of a sub-committee of the lawmakers, the EFCC, his office and other stakeholders to do a thorough review of the Act. The EFCC is said to be in full support of a harmonised bill as it would strengthen the agency.

    However, while the EFCC agrees with the AGF’s proposal on the need for a harmonised and a comprehensive bill, the Nigerian Law Reform Commission (NLRC) is not favourably disposed to it.

     

     

    EFCC Act 2004

     

    The EFCC Act 2004 established the commission. The Act mandates the EFCC to combat financial and economic crimes. The commission is empowered to prevent, investigate, prosecute and penalise economic and financial crimes’offenders, and is charged with the responsibility of enforcing the provisions of other laws and regulations relating to economic and financial crimes, including: Economic and Financial Crimes Commission Establishment Act (2004); The Money Laundering Act 1995; The Money Laundering (Prohibition) Act 2004; The Advance Fee Fraud and Other Fraud Related Offences Act 1995; The Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994; The Banks and other Financial Institutions Act 1991; and Miscellaneous Offences Act.

    Based on this mandate, the EFCC, under its Acting Chairman, Ibrahim Magu, has been at the forefront of the fight against corruption, sometimes, using a combination of these laws.

    While observers of the polity see the need to review the EFCC Act, they however don’t agree with the proposal to repeal the act against the background of many recoveries made by the commission. To this group, a repeal of the act is suspect, given the recent face-off between Magu and NGF. They questioned the need to repeal the Act through which, in their view, the agency made huge financial recoveries and convictions.

     

    EFCC successes

     

    There is a general belief that Magu, in spite of the non-confirmation of his position by the lawmakers, has performed as well as, if not better than, any of his predecessors.

    For instance, under Magu, the EFCC has secured 340 convictions in courts for various offences and recovered billions of dollars of stolen funds within the last six months.

    In addition, the commission using the mechanism of the non-conviction-based forfeiture provided under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, had made a lot of recoveries. This year alone, the commission recovered stolen assets running into several millions of dollars and billions of naira.

    These include the $43 million recovered from Diezani Alison-Madueke, Nigeria’s former Minister of Petroleum, and N2 billion from seven accounts within three Nigerian banks laundered from the Federal Capital Territory Police Command Salary Accounts.

    The country had also made progress in specific cases related to Abacha loot, Malabu Oil, Diezani and associates, and the arms procurement scandal.

    Another instance is the recovery of $9.2 million and 750,000 pounds from the home of Mr Andrew Yakubu, a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC) in Kaduna State. The money is said to be in excess of N3 billion at the official exchange rate.

    There was also the case of a public servant from whom the agency recovered N1.25 billion.

     

    Why a review of EFCC Act may be desirable

     

    Some observers, however, appeared to be in agreement with the AGF whose office, sometimes, disagrees with the EFCC on how it handles high-profile anti-graft cases.

     

    Non-diligent prosecution of

    PEP cases

     

    Although many of the EFCC cases involving Politically-Exposed Persons (PEPs) are yet to be concluded, and many other PEPs are under EFCC investigation, the commission has been accused of poor and non-diligent prosecution of a few of the PEP corruption cases it has lost.

    Critics say these are the main reasons the agency has hardly secured convictions of high-profile persons for allegedly looting the country’s treasury, notwithstanding the huge funds recovered in some cases.

    They argued that this was why President Muhammadu Buhari-led administration was yet to score a high profile conviction since it began its war against corruption in May  2015.

     

    Appointment of EFCC chairman

     

    One contentious issue which attracted attention of observers was the appointment and confirmation of the chairman of the commission. There have been arguments whether or not the President requires the confirmation of the Senate for the appointment of EFCC chairman.

    The mostly referred sections in the matter are 1(1) and (3) of the 1999 Constitution (as amended) and Section 171(1) (2) of the same constitution, vis-a-vis Section 2(3) of the Economic and Financial Crimes Commission (EFCC) establishment Act 2004.

    The non-clarity of the interpretation of this Section of the Constitution and the EFCC Act has been one of the reasons why Magu remains Acting Chairman of the commission.

     

    Inadequate funding of the EFCC

     

    Some observers believe all inhibitions must be removed if the EFCC must function to expectation.

    One way of achieving this, they said, is ensuring adequate funding of the agency. But how can this be achieved? Is a repeal and re-enactment the answer?

    During a plenary sitting of the House of Representatives last week,  the Secretary of the commission, Mr. Emmanuel Adegboyega, who represented Magu, made a case for adequate funding of the agency as stated among the amendments proposed for the EFCC Act.

    He emphasised the importance of proper funding of the agency if it must work and deliver on the expectations of the government and the people of Nigeria.

    To this end, he requested that a fraction of the money, up to five per cent, recovered by the commission within the last two years, be allocated to the agency to speed up its activities.

    But the NLRC opposed the idea of giving some percentage of recovered loot to the EFCC. Its representative, Prof. Jummai Awudi, argued that it would be “legally and morally wrong” for the commission to keep part of the recovered money to itself.

     

    Suspension of NFIU from

    Egmont Group

     

    In the heat of the controveray, the Senate and the office of the AGF blamed Magu for the suspension of the Nigeria Financial Intelligence Unit (NFIU) from the Egmont Group.

    The Egmont Group is a body of Financial Intelligence units whose members compare notes on matters relating to international finance and illicit flow of monies.

    Presently, the NFIU operates as a department under the EFCC. But the Senate and Malami would prefer that the NFIU operated independently.

    The AGF alleged that the EFCC had been “manipulating and misusing intelligence to the detriment of the fight against corruption and financial crimes in Nigeria”, adding that the commission was not happy with the effort of the government to have an independent NFIU.

    The independence of the NFIU is one of the amendments to the EFCC Act proposed by the office of the AGF

    According to Malami, this request is reinforced with the need for a review of the NFIU operatives and operations to make it stronger for Nigeria’s re-admission to the Egmont Group.

     

    Lawyers reaction

     

    Lawyers who are conversant with the workings of the EFCC, however, see the proposal of the AGF in another light.

    To, them, a repeal or re-enactment of the Act is dangerous and might not be in the interest of the commission and the fight against corruption.

    They include activist lawyer Festus Keyamo (SAN), a former member of the Ogun State Judiciary Service Commission, Abayomi Omoyinmi, and former Welfare Secretary, Nigerian Bar Association (NBA), Ikeja Branch, Samson Omodara.

    Keyamo said the controversy over the NFIU was needless. According to him, the functions of the NFIU were so closely connected to EFCC operations that it was not practicable for both organisations to be separated in the way that is being proposed.

    He, however, said he would make more comments when a full detail of what is to be done on the matter becomes public.

    Omoyinmi said the AGF’s  proposal on total repeal and re-enactment of the EFCC Act is wishful. “It cannot be achieved and I believe it is very unnecessary to have the whole Act repealed.

    “I am of the opinion that the Act can go through a steady review in line with amendment which is under consideration by the National Assembly. The grey areas observed should be attended to during the course of reviewing the Act which obviously would be put forward for amendment.

    “Attention should be given  to areas of funding, training, special powers ,investigation and prosecution. These are areas that may need to be reviewed and that can strengthen the functions of the commission as we presently have it as opposed to total repeal proposed by the AGF,” he said.

    Omodara also opposed a repeal of the Act. According to him, “our problem in this country is not lack of laws but holistic and spirited implementation of these laws, EFCC Act inclusive”.

    He argued “no law is flawless even the grundnorm. I therefore will not subscribe to a total repeal rather an amendment as it has been done to the Electoral Act. The officers responsible for the investigation and prosecution of suspects must be thorough and patriotic.  The punishments as contained in the Act may also be looked  into with a view to deterring corruption. Capital punishment may be considered like the China’s position”, he advised.

  • Maina ran bank account through sms, email, EFCC tells court

    Maina ran bank account through sms, email, EFCC tells court

    A Federal High Court in Abuja heard yesterday how huge sums belonging to pensioners were allegedly diverted by former Head of Service of the Federation (HOSF) Stephen Oronsaye and former Chairman, Presidential Task Force on Pension Reforms, Abdulrasheed  Maina through phoney contracts.

    Maina the court was told ran a bank account using sms and sending electronic mails.

    An operative of the Economic and Financial Crimes Commission (EFCC), Rouqayya Ibrahim ,said pension funds were allegedly diverted by the duo through various companies.

    Rouqayya spoke yesterday while testifying as a prosecution witness in the trial of Oronsaye, the Managing Director of Fredrick Hamilton Global Services Limited, Osarenkhoe Afe and the company on a 24-count charge bordering on stealing and obtaining money by false pretence.

    They are alleged to have been involved in contract awards during Oronsaye’s tenure as HoSF.

    The prosecution alleged that the fraud, involving about N2 billion, was allegedly perpetrated using firms like Cluster Logistic Limited, Kongolo Dynamic Cleaning Limited, Drew Investment and Construction Company Limited, and Xangee Technologies Limited.

    Led in evidence by lead prosecution lawyer Rotimi Jacobs (SAN), Rouqayya said in the course of investigation, the EFCC requested for payment mandate from the office of the Head of Service (HOS).

    She said: “We analysed the mandate, obtained necessary information like bank account numbers, and then requested for the account statements from the banks,” she said.

    She stated that the analysis revealed a company, Xangee Technologies Limited, which she noted, was already being tried before Justice Abubakar Talba of the High Court of thr Federal Capital Territory (FCT), Gudu, for alleged pension fraud.

    The witness said: “We discovered that the company received payment of more than N183 million for biometric enrolment, but there was no biometric contract executed by the company, instead the money was withdrawn cash, converted to US dollars and handed over to Abdulrasheed Maina, through his brother, Khalid Biu.”

    She added that three other companies – Mofshad Ventures, Mofshad Limited and Kombosko Nigeria Limited— received more than N400 million for non-existent contracts.

    The witness said: “We discovered that the three companies were associated with one Emmanuel Olanipekun, who is also currently standing trial, and one Chidi, also standing trial, and the monies were withdrawn in cash with part of it given to Mr. Oronsaye.”

    She said investigation of the pension account in Union Bank showed that there was a letter, instructing that the money be transferred to another pension account.

    “We saw another letter on it, on which there was a minute and instruction from Mr. Oronsaye, to transfer about N113 million to a Unity Bank account belonging to the State House, which we discovered he was the sole-signatory.

    “As at the time the transfer was made in 2010, Mr. Oronsaye had ceased to be the Principal Secretary in the State House and had become the Head of Service. We discovered that the monies were withdrawn through cheques, but all efforts to get the person to whom they were issued to, was unsuccessful, and Mr. Oronsaye could not explain the reason for the disbursement,” the witness said.

    She said: “There was also another account in the name of Abdulrasheed Maina, and his brother, Biu, an employee of the bank, who opened the accounts and was the account officer.”

    She added that  after Biu resigned from the bank, another employee, Toyin Meseke, took over as the account officer.

    The witness said: “We invited him for an interview and discovered that all the accounts were operated by Abdulrasheed Maina, even though his name, picture and signature were not anywhere in the opening account packages.”

    She said Maina operated the account mainly through text messages and emails, as “instructions regarding payment or withdrawal were sent to Meseke by text or email”.

    Rouqayya said forensic analysis of Meseke’s phone was carried out, which revealed how funds were fraudulently diverted from the account. She added: ”The account officer will, after receiving instruction from Maina, convert the money to US dollars and deliver same to him in Dubai.”

    According to her, Maina, a former Chairman, Presidential Task Force on Pension Reforms, remained at large.  She said Maina never showed up in the course of investigations, and deserted his known residence.

    Earlier, Jacobs tendered three statements made to EFCC’s investigators by Oronsaye, during the course of investigations. The statements were identified by Ibrahim and admitted in evidence by the court when defence lawyers, Joe Agi (for Oronsaye) and Oluwole Aladedoye (for Afe and his company) failed to object.

    Justice Kolawole adjourned till December 5,  for continuation of the judicial trial.

     

  • EFCC: Stakeholders defer on seven percent IGR retention, autonomous FIU

    EFCC: Stakeholders defer on seven percent IGR retention, autonomous FIU

    The Nigerian Law Reform Commission (NLRC) has kicked against the retention of seven percent of recovered assets or internally generated revenue (IGR) by the Economic and Financial Crimes Commission (EFCC).
    The NLRC also disapproved of a Financial Intelligence Unit (FIU) responsible to the EFCC, stating that an independent FIU devoid of the anti-graft agency’s supervision would serve the country better.
    The agency, as well as the Governors’ Forum, wanted the FIU domiciled within the EFCC despite the suspension of the country from the Egmont group due to interference from the anti-graft agency.
    Speaking at a public hearing on three bills on the amendment of EFCC Act on Tuesday, a Commissioner at the NLRC, Prof. Jumai Audi said the retention of seven percent from recovered property or income generated by the EFCC is unethical and capable of encouraging corruption within the agency.
    She said the anti-graft agency does not need additional fund to carry out its activities and should not be indulge with finds it does not need by government.
    She said: “EFCC does not need additional funding and does not need to retain any money or property they recovered. Their statutory allocating is enough.
    “Asking it to retain seven percent of its IGR or recovered property is morally wrong and illegal. EFCC can ask for supplementary budget if there is a need for it.
    “EFCC is not an income generating agency and it’s workers are duty bound to carry out their duties. If they are indulged with funds they don’t need, there is every likelihood that the workers will go in strike one day if they feel agerieved due to issue of funding”.
    On the independence of FIU, Audi said it was the undue interference from EFCC that led to the country’s suspension from the Egmont group.
    As a result, the NLRC opined that the unit should be separated from the EFCC and given the necessary support required to be effective.
    “We recommend the establishment of NFIU as an independent and autonomous body separate from EFCC rather than as a unit domiciled in EFCC as proposed in the bills.
    “Nigeria was suspended from the Egmont group for lack of autonomy in the real sense of the NFIU and this position has not been addressed.
    “The Egmont group requires that the FIU be independent and autonomous to guarantee its effectiveness in countering terrorist financing, money laundering and fighting corruption,” she added.
    However, the EFCC insisted that an autonomous FIU will not serve the purpose it was meant for.
    EFCC Secretary, Adegboyega Aremo said the FIU must be protected from politicians and the EFCC offers the most effective window to achieve that.
    “If you leave it to survive alone it will be endangered and exposed to danger.
    “In the entire universe only three tiny countries have autonomous FIUs and what Egmont group wants is for it to have autonomy within the EFCC,” he said.
    The Director General of Nigeria Governors Forum (NGF), Ashishana Okauru aligned with the position of the House and the agency.
    Okauru, who was the first head of the unit at inception said, “As a foundation member of EFCC, I know what the Egmont group wants and it is autonomy within the EFCC.
    “It’s baffling that 10 years after we were registered by Egmont group we’ve been suspended and we stand to lose more if we are finally expelled from the group.
    “From Nigeria we may not be able to make scholarship payments and card monies may not be honored if we are finally expelled.
    “This is a subject we should dispense quickly because I remember that almost every agency opposed it when it first began.
    “I align with the position of the Committee, the FIU should be domiciled within the EFCC”.
    The Kayode Oladele – led Committee on Financial Crimes however noted that the retention of certain percentage of IGR is not new to government agencies.
    Saying that the case of EFCC should not be an exception, Oladele said the seven percent fund would not encourage corruption but enhance the execution of the primary duties of the anti-graft agency.
    He sais: “There is nothing strange for agencies to retain part of their igr to execute their mandates and we don’t think EFCC should be an exception.
    “Funding for anti-graft agencies is not an issue for now because we have a government that has the political will to fight corruption and that is why it is empowering them but what happens if a government that is not too keen on fighting corruption is in power?
    “This extra funding will not encourage corruption but encourage them to do more, just like this whistle blower policy that is now giving Nigerians the impetus to come forward.
    “Meanwhile, if it is agreed that the extra funding is not necessary then the House has no option than to remove it based on stakeholders decision”.
    On the need to amemd the EFCC Act, Oladele said most transactions now takes place on electronic platforms and place additional pressure on our anti-corruption agencies in understanding and smashing the sophisticated networks of unscrupulous elements in the society.
    “The House is conscious of the growing need of anti-graft agencies in a rapidly evolving information age.
    “It entails continous updating of their equipment and tools, regular re-training, as well as cross-border collaboration with other countries and bon-state entities.
    “It also entails that the operations of our anti-corruption agencies are in line with the rule of law and international best practices,” he added.
    Earlier while declaring the public hearing open, the Speaker, Yakubu Dogara explained why the exercise became imperative.
    Represented by the Deputy Whip, Pally Iriase, the Speaker  said, “No country can develop with the high level of corruption in Nigeria.
    “Despite various government efforts to enact laws to curb corruption it is fast threatening our culture in Nigeria but once these laws are passed it will clear some of these internal and external challenges”
  • Reps to EFCC: Fish out Maina

    Reps to EFCC: Fish out Maina

    The House of Representatives has written the Acting Chairman of the Economic and Financial Crimes  Commission (EFCC) Mr. Ibrahim Magu to arrest and prosecute the former Chairman of the Pension Reform Task Team, Mr. Abdulrasheed Maina.

    The decision of the Representatives was conveyed in a letter through the Clerk  to the National Assembly, Mr. M. A. Sani-Omolori .

    The November 7 letter was in line with the House’s resolution of  October 24.

    In the letter, the House urged EFCC to “immediately arrest the former Chairman of Pension Reform Task Team, Mr. Abdulrasheed Maina, for prosecution “in order to serve as deterrent to others who might have corrupt tendencies”.

    “The House of Representatives has already constituted an Ad-Hoc Committee charged with the responsibility of investigating the circumstances surrounding the re-surfacing, re-absorbing and subsequent elevation of Mr. Abdulrasheed Maina from the rank of Assistant Director (the position he held before he was removed in 2013, to the position of an Acting Director) and to recommend strong sanctions against any person or persons who are implicated in the scandal.”

    A source said: “Maina, who is the subject of investigation for alleged pension fraud, slipped into the country a few months ago and was sensationally reabsorbed into the civil service and promoted acting director.

    “He remains on the wanted list of the EFCC, which last week published a fresh wanted person notice on the suspect.

    “The EFCC called on anyone with information on his whereabouts to contact the commission or report to the nearest police station.

    “The suspect has not been seen in public since an online media published news of his dubious reinstatement into the public service.”

    The EFCC declared Maina wanted for his alleged role in the fraudulent biometric contracts through which he and former Head of Service, Steve Oronsaye and two others allegedly mismanaged over N2billion of pension funds.

    Maina was also on July 21, 2015 charged alongside Oronsaye , Osarenkhoe Afe and Fredrick Hamilton Global Services Limited before a Federal High Court with a 24-count charge bordering on procurement fraud and obtaining by false pretence.

    Oronsaye and two others were in court and pleaded not guilty to the charge Maina has been at large.

     

  • Probe Okorocha over ‘statues of Zuma, Johnson-Sirleaf’ – SERAP to ICPC

    Probe Okorocha over ‘statues of Zuma, Johnson-Sirleaf’ – SERAP to ICPC

    Socio-Economic Rights and Accountability Project, (SERAP) has asked Dr Muhammad Isah Acting Chairman of the Code of Conduct Bureau (CCB) and Professor Bolaji Owasanoye Acting Chairman of Independent Corrupt Practices and Other Related Offences Commission (ICPC) to “jointly investigate allegations of incompatibility and/or apparent conflict of interest situation, and abuse of office involving Governor Rochas Okorocha of Imo State in connection with the exercise of his public functions and leadership of the Rochas Okorocha Foundation, and to collaborate with the Economic and Financial Crimes Commission (EFCC) in any such investigation.”

    The organization said that “Such investigation would help to improve public confidence in public authorities, and minimize the risks of bad government by public officials.”

    In the petition dated 10 November 2017 and signed by SERAP executive director Adetokunbo Mumuni, the organization expressed “serious concern that Governor Okorocha may have spent over N1 billion of public funds to build statues of South African President Jacob Zuma and Liberian President Mrs Ellen Johnson-Sirleaf.”

    According to the organization, “the spending on statues and apparent misuse of public resources may have violated constitutional provisions and international standards on code of conduct for public officers. The initiatives cannot be justified under any circumstances whatsoever, especially at a time when Imo state is unable or unwilling to pay teachers’ salaries and pensioners’ entitlements.”

    The petition copied to Ibrahim Magu Acting Chairman of the Economic and Financial Crimes Commission (EFCC) read in part: “Inviting Zuma and Johnson-Sirleaf to attend the opening of his Foundation and then ‘honouring’ them with statues suggests abuse of office and apparent conflict of interest situation, as such acts were undertaken by Governor Okorocha in the exercise of his public functions to presumably promote and advance the commercial and other interests of the Foundation.

    “SERAP believes that rather than serving the common interest of the public, spending over N1 billion possibly of public funds on Zuma and Johnson-Sirleaf in the context of their participation in the opening of the Rochas Okorocha Foundation would seem to put Governor Okorocha in a conflict of interest situation.

    “SERAP notes that the Nigerian Constitution 1999 (as amended) and UN Convention against Corruption to which Nigeria is a state party prohibit conflict of interests and set ethical standards for public officers. Indeed, both the Constitution and the Convention require public officers to abstain from all acts that may compromise the exercise of their public office and functions, or are inconsistent with their entrusted positions.

    “Public officers also must discharge their public duties truthfully and faithfully, abide by the constitutional code of conduct, observe the primacy of public interest, and not allow their personal interest to influence their official conduct.”

    “The CCB and ICPC should carry out a joint investigation in collaboration with the EFCC of the allegations of conflict of interest, abuse of office and apparent misuse of public funds by Governor Okorocha. SERAP also urges the CCB and ICPC to prosecute Governor Okorocha after leaving office if there is relevant and sufficient admissible evidence of abuse of public office against him.

    “Conflict of interest represents a situation where the person exercising a public function has a personal interest of patrimonial or commercial nature, which could influence the objective fulfilment of the duties incumbent on public officers under the Constitution and international standards.

    “Conflict of interest arises from a situation in which a public official has a private interest which is such as to influence or appear to influence the impartial and objective nature of his or her official duties in order to promote private interests, which would be contrary to the public interest.

    “According to reports, Governor Okorocha recently hosted two African presidents—South African President Jacob Zuma and Liberian President Mrs Ellen Johnson-Sirleaf and built statues in Owerri to ‘honour’ them. The statues reportedly cost over N1 billion to build. Further, a Memorandum of Understanding between the Zuma Foundation and the Rochas Foundation was signed, while Mrs Johnson-Sirleaf visited the newly established Rochas Foundation College of Africa (ROFOCA).”

  • World Bank: Two civil servants bag 105years for fraud

    World Bank: Two civil servants bag 105years for fraud

    An FCT High Court sitting in Jabi on Monday sentenced two civil servants, Mohammed Audu and Yusuf Ayodeji, to 105 years imprisonment, for fraudulent activities while handling a World Bank project.

    The convicts who were Procurement Officers in the Office of the Accountant-General of the Federation were arraigned by the Economic and Financial Crimes Commission (EFCC) in July 2016.

    Audu was docked on a 10-count charge while Ayodeji faced a five-count charge, both bordering on conspiracy, abuse of office and awarding contracts to companies in which they had interests, among others.

    The convicts were brought pursuant to Section 26 of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act 2000, punishable under Section 12 of the same Act.

    They were in charge of a World Bank project known as Government Integrated Financial Management Information System (GIFMIS), an economic reform governance project.

    The judge, Justice Yusuf Halilu, in his judgment, sentenced Audu to seven years imprisonment on each of the 10-count charges, amounting to 70 years.

    Halilu also sentenced Ayodeji to seven years each on each of the five-counts charge amounting to 35 years imprisonment.

    According to him, the convicts took advantage of their positions as procurement officers to perpetrate the criminal acts at the World Bank project.

  • Anti-graft war: Buhari okays 2, 250 job slots for EFCC

    Anti-graft war: Buhari okays 2, 250 job slots for EFCC

    •Magu draws only 37 per cent of security vote

    As part of plans to beef up the anti-graft war, President Muhammadu Buhari has approved 2, 250 job slots for the Economic and Financial Crimes Commission (EFCC).

    The agency is expected to recruit 750 new employees per annum over three years.

    The anti-graft agency in collaboration with the Federal Character Commission (FCC) has started the recruitment test nationwide based on the zonal offices of the EFCC in order to create a level-playing ground for candidates.

    The commission was also said to have resorted to zonal basis in order to avoid a repeat of the stampede which affected a similar exercise in the Nigerian Immigration Service.

    The President approved the slots to increase the commission’s number of core and support staff since the anti-graft war is moving to the next stage.

    It was however learnt that some highly-placed Nigerians want the recruitment to hold in Abuja so as to be able to wield influence.

    A document obtained by our correspondent indicated that the EFCC has written to the Federal Character Commission (FCC) and obtained approval to go ahead with the recruitment.

    The document showed that each zonal recruitment test is being coordinated by a Director of EFCC, two commissioners from the EFCC and other top staff of the anti-graft agency.

    A source, who spoke in confidence, said: “The approval letter was specific that we should employ at least 750 workers per year for the next three years. We have brought this approval to the notice of the relevant committees in the National Assembly. There is no question of secret or under-the-table recruitment.

    “We decided to take the recruitment process to the zonal offices to create a level-playing ground for all. And given the high number of applicants, we chose zonal procedure to avoid recruitment stampede,

    “But we are not waiving our recruitment procedures under any guise for the new hands. Apart from screening their certificates, we subject them to covert investigation and ask them to write tests.

    “In order to be fair to all candidates, we are conducting the recruitment process at our zonal offices and after selecting the best, the relevant desks at the headquarters will further evaluate their performance based on our tight regulations.

    “At the end of the day, the best candidates will proceed to the Nigerian Defence Academy (NDA) in Kaduna for training.

    It was also learnt that Magu has drawn only 37 per cent of the N150million security votes appropriated for the EFCC chairman in 2017.

    This is contrary to insinuations that the Acting EFCC chairman had been getting N15million monthly as security votes.

    Another official said: “The records are clear. With a month left to the end of the year, Magu has only collected 37 per cent of the statutory N150million security votes (per year) for the office of the EFCC chairman. This is the least the commission has ever recorded.”

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  • $43.4m NIA cash: EFCC never said Whistlebower has been paid

    $43.4m NIA cash: EFCC never said Whistlebower has been paid

    The Economic and Financial Crimes Commission (EFCC) on Friday said it never claimed that the whistleblower, who uncovered $43.4million in Osborne Towers in Ikoyi, has been paid.

    It clarified that it is “not even directly responsible for the payment of rewards to whistle blowers.”

    The agency also insisted that there was no controversy about the exact amount recovered in the operation which was streamed live.

    The clarifications were made by the Head, Media and Publicity of EFCC, Mr. Wilson Uwujaren in a statement in Abuja.

    The statement said: “Following publications in sections of the social media today, November 10, It has become necessary to clarify the statement credited to the acting chairman of the Economic and Financial Crimes Commission, Ibrahim Magu regarding the status of the whistle blower in the Osborne Tower cash recovery. What Magu said at the 7th Session of the Council of State Parties to the United Nations Convention Against Corruption in Vienna, Austria, was that citizens should be encouraged to embrace whistle blowing because of the incentives attached.

    “To illustrate this, he stated that the the gentleman who provided the information that triggered the huge recovery at Osborne Towers in Ikoyi was already a millionaire based on the incentive in the whistle blower policy where information providers are entitled to between 2.5 and 5 % of the recovered sum.

    Hear him, “We are currently working on the young man because this is just a man who has not seen one million Naira of his own before. So he is under counseling on how to make good use of the money and also the security implication. We don’t want anything bad to happen to him after taking delivery of his entitlement. He is a national pride”.

    “Magu never said that the young man has been paid. The Commission is not even directly responsible for the payment of rewards to whistle blowers.

    “There is also no controversy about the exact amount recovered in the operation which was streamed live, the first of its kind, and witnessed by the whistle blower, security at the Towers and representative of the agency which claimed ownership of the money.”

  • Court orders interim forfeiture of Ikoyi property which `warehoused’ N200m

    Court orders interim forfeiture of Ikoyi property which `warehoused’ N200m

    Justice Saliu Saidu of a Federal High Court in Lagos on Thursday ordered the temporary forfeiture to the Federal Government of Flat 7B, Osborne Towers, Ikoyi, Lagos.

    The property is said to have housed the sums of 43,000 dollars, 27,800 pounds, and N23 million.

    The sums were said to have been found in iron cabinets and “Ghana-Must-Go” bags in April.

    The judge issued the orders following an ex parte application by the Economic and Financial Crimes Commission (EFCC).

    Before now, the anti-graft agency had mentioned the wife of the sacked Director-General of the Nigeria Intelligence Agency, Mrs Folashade Oke, as the owner of the flat.

    The commission had insisted that it found out that Mrs Oke made a cash payment of 1.6 million dollars for the purchase of the flat between Aug. 25 and Sept.3, 2015.

    The EFCC further argued that the woman allegedly purchased the property in the name of a company, Chobe Ventures Ltd, of which she and her son, were directors.

    Payments were said to have been made to Fine and Country Ltd.

    The anti-graft agency explained that Mrs Oke made the cash payment in tranches of 700,000 dollars, 650,000 dollars, and 353,700 dollars, to a subsidiary of a Bureau de Change — Sulah Petroleum and Gas Ltd.

    The company was said to have later converted the sums into N360 million and subsequently paid it to Fine and Country Ltd for the purchase of the property.

    The judge adjourned the case until Nov. 30 for any interested party to appear and show cause why the interim forfeiture should not be a permanent forfeiture.