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Tag: EFCC

Court refuses to stop justice Nganjiwa’s corruption trial

A Lagos State High Court in Igbosere has dismissed an application by a serving Federal High Court judge seeking to stay proceedings in his trial for alleged N81,705,000 corrupt enrichment.

Justice Adedayo Akintoye ruled that the application by the defendant, Justice Hyeladzira Ajiya Nganjiwa of the Federal High Court, Bayelsa Division, was unmeritorious.

The judge noted that Nganjiwa’s application seemed like a delay tactic and that his trial could continue while the outcome of his appeal at the appellate court is awaited.

Nganjiwa is facing a $260,000 and N8.65 million (totalling about N81,705,000) corruption charge, brought against him last June 23 by the Economic and Financial Crimes Commission (EFCC).

On Friday, through his counsel, Chief Robert Clarke SAN, Nganjiwa moved a motion urging the court to stay proceedings in his trial pending the Court of Appeal’s determination of his suit challenging the high court’s jurisdiction to try him.

The October 4, 2017 application was brought pursuant to Sections 6(6) and 36 of the 1999 Constitution (As amended).

“Whatever powers this court possesses is subject to the Constitution…it is an application challenging Your Lordship’s jurisdiction,” Clarke said.

He argued, relying on the Constitution, statutes and case law, that the court was bound to refrain from further action on the case, particularly since, according to him, the appeal was set in motion before the defendant took his not guilty plea.

Clarke said: “As of today, the Court of Appeal is fully seized of this matter….In those days when we were younger, if a lower court disregarded the judgment of a higher court it was called judicial rascality.”

He contended that the application was a Constitutional rather than a frivolous one and the issue involved was “a grey area of the law.”

Clarke added: “We urge Your Lordship to err on the side of caution and, in the interest of justice, grant the application.”

But prosecution counsel, Mr Wahab Shittu, who appeared in place of Mr Rotimi Oyedepo, opposed the application, declaring it a time-wasting ploy.

Shittu said: “We are strongly opposing this application based on statutory provisions, particularly Section 273 of the Administration of Criminal Justice Law (ACJL) of Lagos State, Section 306 of the Administration of Criminal Justice Act (ACJA) and Section 40 of the EFCC Act, all of which prohibit the grant of stay of prosecution.

“The application by the learned Silk is incompetent because the law does not allow it. The rationale for this is to forestall delay. Our courts frown at delay tactics by defence counsel. This application is an attempt to stall proceedings by counsel.

“I urge my lord to dismiss the application and order the prosecution to commence its case.”

In a bench ruling, Justice Akintoye upheld the prosecution’s argument.

Relying on the ACJA, ACJL and the EFCC Act, the judge held: “This court is not empowered to entertain any stay of proceedings or deferment of proceedings, however, it may be described, in criminal matters.

“The judicial system has moved from delay tactics which may be brought to forestall the hearing of a case…as a result this matter will continue today as we await the outcome of the decision of the esteemed Court of Appeal.”

However, the trial could not go on following Clarke’s request for time to study an application for proof of evidence served on the defendant on Thursday, by the prosecution.

He said: “I’m seeing the processes for the first time in this court. I need time to go through them.”

But Justice Akintoye’s offer to stand down the matter for 30 minutes, so the defence could examine the documents, was not taken.

“30 minutes? My lord, I am 80 years old,” Clarke said.

Following consultation with the parties, the judge agreed to “give the defendant the benefit of the doubt.”

The case was adjourned until November 13.

Last June 23, the Economic and Financial Crimes Commission (EFCC) arraigned Nganjiwa on a 14-count charge of unlawful enrichment and making a false statement to EFCC officials.

The EFCC said he got the money, “so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.”

Justice Nganjiwa pleaded not guilty and was granted bail on self-recognizance in view of his status as a serving judge.

Justice Akintoye directed him to deposit his passport in the court’s custody and adjourned till October 6 for trial, after urging the judge “to present himself in court for the entire duration of the trial.”

Nganjiwa is one of the six judges who was reinstated last June 3 by the National Judicial Council, (NJC), following the failure of the government to file charges against them.

The EFCC brought the charge against him last June 13, less than 48 hours after The Presidency vowed to prosecute judges that were reinstated by the NJC but with cases to answer.

October 6, 2017
Court summons Oyo official in Ladoja’s trial

The Federal High Court in Lagos on Friday directed Oyo State Government to send one of its officials to tender a document in the trial of former Governor Rashidi Ladoja.

The Economic and Financial Crimes Commission (EFCC) re-arraigned Ladoja for allegedly converting N4.7billion from the state treasury to his personal use.

He was charged alongside one Waheed Akanbi on eight -count charge of money laundering and unlawful conversion of public funds.

Justice Mohammed Idris adjourned at the instance of Akanbi’s lawyer, Mr. Adeyinka Olumide-Fusika (SAN), who requested that an Oyo State government official should be summoned by the court to tender some documents as exhibits.

According to him, a document supplied to the court by the Oyo State Government, was crucial to his client’s defence.

He urged the court to summon the official to appear in court for the purpose of properly tendering the document as an exhibit.

Ladoja’s lawyer, Mr. Bolaji Onilenla, did not oppose the application for adjournment.

Ladoja was Oyo State governor from May 29, 2003 to January 12, 2006 when he was impeached.

The Appeal Court sitting in Ibadan on November 1, 2006 declared the impeachment illegal.

The Supreme Court upheld the decision on November 11, 2006, and Ladoja resumed office on December 12, 2006.

He, however, lost a re-election bid in 2007.

Justice Idris adjourned the case till Monday when the official is expected to appear in court.

October 6, 2017
Court rules on Akpobolokemi’s no-case submission October 16

A Federal High Court in Lagos has fixed October 16 for ruling on the no-case submission made by former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi and five others.

Justice Ibrahim Buba fixed the date on Friday after hearing arguments on the no-case submission by the defence counsel, Mr. Joseph Nwobike (SAN).

The accused persons were arraigned by the Economic and Financial Crimes Commission (EFCC) on December 4, 2015 for allegedly diverting N2.6 billion from the coffers of NIMASA between December 2013 and May 2015.

The EFCC claimed that the funds were approved by ex-President Goodluck Jonathan for the implementation of a security project.

Also charged with Akpobolokemi were – Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited and Al-Kenzo Logistic Limited.

The accused people had pleaded not guilty to the 22 charges pressed against them.

The prosecution had opened its case and during trial, called 12 witnesses and tendered 77 exhibits in a bid to establish prima- facie case against the accused persons.

After the prosecution closed its case, the accused, through their lawyers, filed no-case submissions, contending that the prosecution failed to established a prima-facie case against them to warrant their entering any defence.

Arguing Akpobolokemi’s no-case submission, Nwobike contended that the EFCC failed to link his client with the alleged diversion of funds from NIMASA.

Nwobike pointed out that his signature to such effect was never shown to the court.

The counsel said the first accused could not be held liable because he did not approve the security project and the money disbursed.

Nwobike also described the evidence given against the accused by the prosecution witness as mere hearsay, which he said, had no legal weight before the court.

He, therefore, urged the court to come to the conclusion that the first accused could not be called upon to enter any defence because no prima-facie case had been established against him.

In response, the EFCC counsel, Rotimi Oyedepo, maintained that the testimonies of the 12 witnesses and the 77 exhibits tendered had successfully linked Akpobolokemi to the alleged fraud.

He argued that being the head and chief accounting officer of NIMASA at the time of the alleged fraud, Akpobolokemi could not by any stretch of imagination claim to be innocent.

He argued that even if it was the former President that approved the security project, Akpobolokemi was the head of NIMASA at the time, who constituted a committee to handle the project and also approved funds.

He submitted that the prosecution had established that rather than its intended purpose, the funds were illegally converted to the personal use of the accused.

NAN

October 6, 2017
Patience Jonathan to court: EFCC persecuting me over 2015 election

FORMER President Goodluck Jonathan’s wife Patience has told a Federal High Court in Abuja how the Economic and Financial Crimes Commission (EFCC) was persecuting her over her “political views” during the campaign for the last presidential election.

Mrs. Jonathan, who was silent on what her “political views” were, had during the 2015 electioneering campaign referred to then All Progressives Congress (APC) presidential candidate, Muhammadu Buhari, in uncomplimentary terms.

The former first lady also accused the EFCC of waging “psychological war” against her by persistently intimidating, harassing and threatening her and those around her.

Mrs. Jonathan gave instances of such harassment and intimidation as including alleged invasion of her properties and the freezing of her accounts, those of her siblings, relative and her late mother – Mama Sisi Charity Oba.

The ex-first lady made these allegations in a fundamental rights enforcement suit she filed before the court.

In the suit with EFCC as respondent, Mrs. Jonathan accused the anti-graft agency of violating her rights.

In a supporting affidavit to the suit deposed to by one of her lawyers, Sammie Somiari, she identified some of her frozen accounts as including the five she opened with Skye Bank based on advice by former EFCC Acting Chairman Ibrahim Lamorde.

On why the accounts were opened, Mrs. Jonathan said because of the challenges of moving huge cash for her foreign treatment and the need to avoid contravening any law, she approached Lamorde, who advised her to obtain credit cards from her banks.

Mrs. Jonathan accused the EFCC of demonstrating “pathological dislike” towards her despite the fact that she was never a public office holder.

Her lawyer said: “The investigation into the operations of her pet project, when she was First Lady, is an unprecedented act of animosity against her as none of her projects was funded by the government at any level.

“The respondent had physically raided the homes of the applicant and her relatives both in Abuja and Yenegoa.

“Recently, the respondent raided the home of the applicant’s first daughter, both at Port-Harcourt and Abuja.

“The respondent has waged a psychological war on the applicant by its threats of arrest of the applicant and her relations, such as Mrs. Ester Oba, Tamunotonye Oba and her elder brother, Mr. Aseminaso Nyengierefaka.”

The lawyer added that Mrs. Jonathan informed him on June 9, 2017 that “she was being harassed and persecuted by the respondent because of her political views, which she had expressed as a member of the opposition party, PDP, during the campaign for the presidential election in 2015”, an election contested by President Buhari against her husband.

Mrs. Jonathan is, among others, seeking an order for general damages/compensation in the sum of N2billion for the alleged violation of her fundamental rights.

She wants a declaration that her alleged incessant harassment by the EFCC through negative media publications, denigrating and degrading her person as corrupt, without any invitation by EFCC, trial or conviction by a court is a violation of her rights under Section 37 of the 1999 Constitution.

October 6, 2017
Patience Jonathan slams N2bn suit on EFCC

Justice John Tsoho of the Federal High Court in Abuja on Thursday fixed Nov. 16 to hear the N2 billion Fundamental Rights suit brought against the EFCC by Mrs Patience Jonathan.

The News Agency of Nigeria (NAN) reports that the wife of the former president Goodluck Jonathan had filed the suit in June to challenge her alleged incessant harassment by the anti-graft commission.

At the resumed hearing, Mr Ifedayo Adedipe (SAN) announced to the court of his readiness to move his client’s application.

Justice John Tsoho, however, refused to entertain the suit on the grounds that the respondent was not represented in court.

The suit was brought pursuant to Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009 and Sections 34(1), 36(1), 37, 42 and 44 of 1999 Constitution as amended.

The applicant is praying for an order for general damages and compensation in the sum of N2billion.

She averred that the amount would serve as compensation for the violation of her fundamental rights by the commission.

Mrs Jonathan is also seeking a declaration that her incessant harassments by the EFCC through negative media publications aimed at degrading her person as corrupt had sufficiently violated her rights.

She alleged that the commission’s malicious campaigns against her were carried out by the respondent without prior invitation to defend herself.

Mrs Jonathan further averred that the respondent’s actions were not offshoot of her trial and conviction in any courts of competent jurisdiction.

She said her rights and good public image had been violated under Section 37 of the 1999 Constitution as a result of the respondent’s untamed actions.

She is also seeking a declaration de-freezing all her bank accounts and those of her relatives held down by the EFCC under the guise of investigation of proceeds of crime.

The applicant averred that the commission had without her invitation and interrogation approached a court to freeze those accounts.

She is further seeking a declaration that the invasion of her property by the EFCC officers in her absence was a breach of her fundamental right among others.

The applicant has therefore, asked for an order restraining EFCC, whether by itself, its agents, privies or any person acting on its behalf from further violating the her fundamental rights.

The EFCC had seized a multi-million naira hotel allegedly belonging to the wife of ex-president Jonathan.

The anti-graft agency also seized three other properties in Abuja alleged owned by the applicant.

Mrs Jonathan first came under EFCC’s search light in May 2016 when the commission arrested a former Special Adviser to the President on Domestic Affairs, Waripamowei Dudafa.

The applicant laid claim to about 15 million US dollars found in bank accounts allegedly belonging to Dudafa’s domestic servants.

She had swiftly sued Skye Bank Plc and the EFCC on that account.

NAN reports that the anti-graft body went ahead to freeze the applicant’s personal account with a balance of 5 million US dollars. (NAN)

October 5, 2017
EFCC forced me to surrender my property over Diezani cash – INEC official

A former Administrative Secretary at the Kwara State office of the Independent National Electoral Commission (INEC), Mr. Christian Nwosu, told the Federal High Court in Lagos on Thursday that the Economic and Financial Crimes Commission (EFCC) allegedly forced him to surrender his property worth N30million.

Nwosu said he was also induced to part with N5million 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.”

Nwosu and Tijani Inda Bashir were accused of receiving N30million bribe from former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, to rig the 2015 general election results.

They were arraigned alongside Yisa Adedoyin, who pleaded guilty to receiving cash payment of N70, 050,000.00 from Mrs Alison-Madueke.

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

Nwosu, who testified on Thursday in a trial –within- trial to determine the truthfulness of statements he made at EFCC, said he got N30million “for logistics.”

But, Head of Special Task Force at EFCC in Lagos, Usman Zakari, who also testified, said Nwosu made his statement voluntarily.

On how he was compelled to forfeit his property, Nwosu said: “On December 28, 2016, I was invited to EFCC. I was interviewed by Mr. Moses. I made a statement of three pages. He said his boss Mr. Zakari wanted to see me. Zakari said: ‘No, you have not written what I want,’ that he would not take that rubbish from me.

“He said he had signed a detention order and that he was going to keep me in custody for as long as he wanted, that even if I brought 10 lawyers or more, they would not help me. He said unless I wrote what he would dictate to me, he was going to make that place my home for a very long time.

“At this threat, I was shaking because I had never had any encounter with the police or a cell. My entire body system collapsed. My head was aching seriously. My eyeballs were heavy as if they would fall off their sockets. My health was failing me. I pleaded with him to please allow me access to my drug in my bag at the gate. He bluntly said ‘no’.

“He told me that Adedoyin had admitted collecting N28million and was released; that being a senior officer, there was no way I would not have not have benefitted by collecting up to N30million (sic). He said unless I stated that I benefitted N30million, he would dump me in the cell. I quickly told him I benefitted. He dictated to me that I should write it; I did.”

Nwosu said he was also forced to write that he would take the EFCC operatives to the bank to make a refund of the money he received.

The INEC official said he told them he had only N5million in his account.

He said an officer and two armed policemen accompanied him to the bank where he raised a draft of N4million and handed it over to Zakari.

He said Zakari asked him to bring another draft for N1milion, which he brought on March 15.

He said EFCC’s prosecutor, Rotimi Oyedepo, walked into the office and asked Zakari not to let him go, but to keep him in custody.

“I knelt before Rotimi. He said: ‘Baba get up; I’ll only advice you to cooperates with us. He said he would not want me to go through the stress of litigation. He asked if I had landed property and cars. He said I should write out the property worth N30million that I had. He said he would ensure that I was convicted and jailed at all cost if I didn’t cooperate,” he added.

October 5, 2017
Alleged fraud: Ex-governor Aliyu’s trial moved to Minna

The trial of ex-Niger State Governor, Babangida Aliyu and his former Commissioner for Environment, Parks, Gardens and Forest Resources, Umar Nasko, has been transferred to the Minna division of the Federal High Court.

They were arraigned before the Federal High Court, Abuja, on May 16 this year on an eight-count charge of conspiracy and diversion of over N1bin ecological fund paid to Niger State by the Federal Government in 2014 when they were in office.

Nasko’s lawyer, Mamman Usman (SAN), on Thursday argued his client’s application for transfer of the case to Minna.

Usman said: “The basis of the application is to see that the trial is conducted at the proper forum and not due to lack of trust in this court to do justice.”

Lead prosecution lawyer, Ben Ikani, later withdrew his counter-affidavit and said he would concede to the transfer to avoid delay.

Upon the agreement by lawyers to both sides that the case be transferred, Justice Nnamdi Dimgba said he would return the case file to the court’s Acting Chief Judge for the case to be assigned to the Minna division.

Justice Dimgba said: “I am therefore sending the case file to the Acting Chief Judge for re-assignment to the Minna division, which by agreement of parties, is the proper forum of the trial of the charges.”

Aliyu and Nasko are accused of paying the N1billion into the account of a private company, D-Sabrin International Limited through the Niger State Ministry of Environment.

October 5, 2017
EFCC persecuting me over 2015 election – Patience Jonathan

Wife of former President Goodluck Jonathan, Patience, on Thursday accused the Economic and Financial Crimes Commission (EFCC) of persecuting her over her “political views” during the campaign for the last presidential election.

Mrs. Jonathan, who was silent on what her “political views” were, had during the 2015 electioneering campaign described the then presidential candidate of the All Progressives Congress (APC), Muhammadu Buhari, in uncomplimentary terms.

The former first lady also accused the EFCC of waging “psychological war” against her by persistently intimidating, harassing and threatening her and those around her.

Mrs. Jonathan gave instances of such harassment and intimidation to include alleged invasion of her properties and the freezing of her accounts, those of her siblings, relative and late mother – Mama Sisi Charity Oba.

The ex-first Lady made these allegations in a fundamental rights enforcement suit filed before the Federal High Court in Abuja.

In the suit marked: FHC/ABJ/CS/586/2017, with EFCC as respondent, Mrs. Jonathan accused the anti-graft agency of violating her rights.

In a supporting affidavit to the suit deposed to by one of her lawyers, Sammie Somiari, she identified some of her frozen accounts to include the five she opened with Skye Bank upon the advice by former Acting Chairman of the EFCC, Ibrahim Lamorde.

On why the accounts were opened, Mrs. Jonathan said because of the challenges of moving huge cash for her foreign treatment, and the need to avoid contravening any law, she approached Lamorde, who advised her to obtain credit cards from her banks.

Mrs. Jonathan accused the EFCC of demonstrating “pathological dislike” towards her despite the fact that she was never a public office holder.

She added: “The investigation into the operations of her pet project, when she was First Lady, is an unprecedented act of animosity against her as none of her projects was funded by the government at any level.

“The respondent had physically raided the homes of the applicant and her relatives both in Abuja and Yenegoa.

“Recently, the respondent raided the home of the applicant’s first daughter, both at Port-Harcourt and Abuja.

“The respondent has waged a psychological war on the applicant by its threats of arrest of the applicant and her relations, such as Mrs. Ester Oba, Tamunotonye Oba and her elder brother, Mr. Aseminaso Nyengierefaka.”

October 5, 2017
INEC staff made voluntary statement – EFCC

The Economic and Financial Crimes Commission (EFCC) on Wednesday denied forcing an Independent National Electoral Commission (INEC) official, Christian Nwosu, to make a statement.

The INEC official claimed that he did not make the statement voluntarily.

He was arraigned before Justice Mohammed Idris of the Federal High Court in Lagos.

An EFCC investigator, Tosin Owobo, said Nwosu made his statement on his own volition.

Nwosu and Tijani Inda Bashir were accused of receiving N30 million bribe from former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, to rig the 2015 general election.

They were arraigned alongside Yisa Adedoyin, who pleaded guilty to receiving cash payment of N70,050,000.00 from Mrs. Alison-Madueke.

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

Adedoyin was convicted following a plea bargain with the EFCC in which he agreed to pay a fine of N10million and forfeit his illicitly-acquired assets.

Nwosu pleaded guilty at first and entered a plea bargain with EFCC, but Justice Idris rejected the agreement because it was not severe enough.

It was agreed that Nwosu would forfeit the assets he acquired with the bribe money and pay N500,000 fine.

After rejecting the plea bargain agreement, Justice Idris gave Nwosu the option of changing his plea to not guilty, or accepting a heavier sentence, including N10million fine as provided in the law.

When the defendants were re-arraigned, Nwosu changed his plea to not guilty.

Nwosu claimed he was coerced, intimidated, threatened and induced by the anti-graft agency to make the statement that indicted him.

Justice Idris then made an order for trial within trial to test the voluntariness of Nwosu’s statement.

Owobo explained that the statement volunteered by Nwosu was obtained under standard practice without inducement, intimidation or threat.

He said the defendant came to the Commission’s office in Lagos on December 28 last year to make statement on the charge preferred against him, and after making statement, he was granted administrative bail on self-recognisance.

“The defendant walked to our office alone. My team and I had a discussion with him on the allegations leveled against him and after our discussion, we asked him whether he will like to make statement and he said ‘yes’.

“Nwosu’s statement was obtained under standard practice without inducement, intimidation or threat. After making statement, he was granted administrative bail on self-recognisance,” Owobo said.

The trial within trial continues on Thursday.

October 4, 2017
How funds realised from botched NIS recruitment were shared – Witness

The trial of former Minister of Interior, Abba Moro and others over the botched 2014 Nigerian Immigration Service (NIS) resumed in Abuja on Wednesday with two witnesses giving details of how the N675,675,000 realised from the exercise was shared.

Moro, a former Permanent Secretary in the ministry, Mrs. Anastasia Daniel-Nwobia, a Deputy Director in the ministry, Femi Alayebami and Drexel Technologies Nigeria Limited, a firm engaged by the ministry for the exercise, are standing trial on an 11-count charge.

They were arraigned by the Economic and Financial Crimes Commission (EFCC) for defrauding 675,675 Nigerian job seekers of N675,675,000.

The money was the total sum of the application fee collected from job seekers.

The ministry charged N1,000 on each job seeker for the exercise.

The fifth and sixth prosecution witnesses, Augustine Ugorji and Mrs. Bilikisu Mohammed, who were led in evidence by the lead prosecution lawyer, Aliyu Yusuf, also explained the companies’ roles in the exercise.

Ugorji, who was the first to take the witness stand, said his company, Payforme Services Nigeria Limited (PSNL), an e-commerce licenced by the Central Bank of Nigeria (CBN), was engaged by Drexel to provide online platform for collection of application fee.

The witness, who said he worked for Payforme from 2010 to 2016, and at a point, its Head of Finance, said Drexel had a contract with Ministry of Interior for job recruitment, but engaged his company to provide payment site or payment platform for receipt of payment from applicants.

Ugorji said: “The agreement between Drexel and Ministry of Interior was for each applicant to pay N1,000 and Drexel agreed to pay Payforme N150 from the N1,000. From the N150, Payforme paid N80 and N70 to the banks.

“The balance of N850 went to Drexel. The Nigeria InterBank Settlement System (NIBSS) where banks do their clearing, was paid by Payforme in line with an agreement. We had 675,675 people who made payment through our platform.”

October 4, 2017