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Tag: EFCC

  • Judge’s absence stalls ruling on perm sec’s funds forfeiture

    Judge’s absence stalls ruling on perm sec’s funds forfeiture

    The absence of Justice Chuka Obiozor of the Federal High Court in Lagos on Wednesday stalled ruling on an application filed by the Economic and Financial Crimes Commission (EFCC), seeking the final forfeiture of N664,475,246.6 and $137,680.11 allegedly recovered from a Permanent Secretary in the Federal Ministry of Labour and Productivity, Dr. Clement Illoh Onubuogo.

    The court had earlier ordered the interim forfeiture of the money following an August 15 motion ex-parte application filed by the EFCC.

    Justice Abdulazeez Anka, who ordered the interim forfeiture, also authorised the EFCC to seize a property described as “Clement Illoh’s Mansion” at Ikom Quarters, Issala-Azegba in Delta State and a hotel on 19, Madue Nwafor Street, off Achala Ibuzo Road, Asaba, Delta State.

    The judge directed the EFCC to notify the permanent secretary, in whose possession the properties were found, to appear before the court and show cause within 14 days why the properties should not be permanently forfeited to the Federal Government.

    The judge also directed the publication of the interim orders in any national newspaper for any interested person to appear before the judge to show cause within 14 days why the order should not be made permanent.

    He adjourned till Wednesday for ruling, but Justice Obiozor, who took over from Justice Anka as the vacation judge, was absent.

    An EFCC investigator, Huleji Abraham Tukura, said Onubuogo converted the funds from the N10billion released by the federal government during his supervision of the Subsidy Reinvestment (SURE-P) programme.

    Onubuogo was arraigned for failing to declare some of his hidden cash assets.

    EFCC said he failed to declare N97,300,613.44, $139,575.50 and £10,121.52 found in three of his bank accounts.

    Onubuogo pleaded not guilty to the charge.

    Court officials fixed Thursday for ruling on the forfeiture application.

  • Court okays EFCC ’s power to freeze suspicious accounts

    Court okays EFCC ’s power to freeze suspicious accounts

    The Court of Appeal in Abuja has affirmed the power of the Economic and Financial Crimes Commission ( EFCC ) has the power to freeze suspicious accounts.

    The court said the anti-graft agency can direct banks to suspend operation of accounts suspected to have been used for criminal activities, or any account of into which slush funds and proceeds of crime have been deposited.

    The court, however, said such a directive by the EFCC to banks must be followed by an order of a court for interim freezing, which it must obtain from a competent court, to enable it conduct investigation to ascertain the origin of the funds.

    The appellate court said these in a unanimous judgment by its three-man panel on an appeal by Messrs A. R. Security Solutions Limited, which challenged the refusal by a Federal High Court in Abuja to vacate an interim freezing order earlier granted against it.

    Justice Binta Nyako of the Federal High Court, Abuja had on January 25, 2016, granted an ex-parte application by the EFCC for, among others, an interim freezing order on A. R. Security accounts with Heritage Bank.

    1. R Security applied to the court to have the order set aside, a request Justice Nyako, in a ruling on April 22, 2016, refused, prompting the company to approach the appellate court.

    Justice Mohammed Mustapha, who prepared the lead judgment of the appellate court, resolved the sole issue raised for determination against the appellant.

    The issue was whether the trial court was right to have held that the EFCC could obtain an order of court to temporarily freeze the appellant’s account, once the account is the subject of investigation.

    Justice Mustapha said while the EFCC was empowered, under sections 28 and 29 of its establishment Act to trace, attach and apply for interim freezing order on such suspicious accounts, the court, under Section 44(2)(k) of the Constitution, was empowered to grant such interim injunction.

    He said: “The respondent ( EFCC ) clearly bears the burden of establishing that there is a prima facie evidence that the property in issue is liable to be forfeited on account of its being proceed of crime.

    “That burden is discharged once there is an arrest for an offence under the Act ( EFCC Act), and the respondent traces the assets and attaches the property of the accused person acquired as a result of economic and financial crimes. That done, the respondent is entitled to an interim attachment order by the court.”

    Justice Mustapha agreed with the appellant that the EFCC must show that the origin of the suspicious funds is illegal.

    He added: “If bank accounts have to be investigated with any degree of success for the purpose of tracing criminality in transactions, how else can that be done without exercising some degree of control over the account?

    “It stands to logic and common sense that any serious investigation of criminality in a bank account has to first and foremost start with taking control of the bank account or at least putting restraints on the account; anything short of that will be quixotic, because funds in the account investigated will simply take a flight. That is the logic behind sections 28 and 29 of the Act.

    “Prima facie proof starts, for the purpose of the Act, with arrest of the accused person for financial and economic crimes, which now denotes, at this stage, that the monies in the account are likely proceeds of crimes, and therefore, liable to forfeiture, thus necessitating the grant of the interim order.

    “It is for these reasons  that the money in the accounts is fair game, because that attachment and proper investigation of such accounts will assist the respondent (EFCC) in prosecuting the accused successfully or consequently lead to the discharge of the order, depending on how the investigation goes.

    “The need for credible evidence, showing the money to be proceeds of crime, underscores the necessity for the respondent’s mandate to ‘immediately trace and attach’ the property.”

    He added that the grant of the interim order by the court was to enable the EFCC conduct a holistic investigation on the account to enable it establish whether or not the origin of the funds in the affected account was illegal.

    “It has to be pointed out that ultimately, it is for the same reason that the grant of interim order becomes necessary, as it explains the necessity for the respondent to have, not only access, but control of the account, by having it frozen, anything else might end up being pyrrhic for the respondent,” Justice Mustapha said.

    Other members of the panel – Justices Abubakar Datti Yahaya and Tani Yusuf Hassan – agreed with the lead judgment a copy of which was seen by The Nation.

  • Why EFCC keeps losing corruption cases, by Agbakoba

    Why EFCC keeps losing corruption cases, by Agbakoba

    Poor prosecutions, weak financial resources and increased animosity towards judges are some of the reasons the Economic and Financial Crimes Commission (EFCC) is losing many corruption cases in courts, a former president of the Nigerian Bar Association (NBA), Chief Olisa Agbakoba, has stated.

    He also said the anti-corruption war is suffering because many judges are poorly paid, leaving them vulnerable to sumptuous offers from looters.

    Agbakoba further pointed out many judges that ordinarily should have been sympathetic to EFCC’s cases feel antagonised by the federal government.

    The leading maritime lawyer, in an exclusive interview with our correspondent, warned that the EFCC will keep losing prominent corruption cases except it changes tactics and empower its prosecution teams.

    Blaming the EFCC prosecutions as shoddy, Agbakoba said: “How come the EFCC has poor charges that lawyers are able to get injunctions against them? How come the agency goes to the wrong courts many times for prosecution?

    “They are the ones strengthening the lawyers and allowing them to get injunctions because of poor prosecution.

    “So, they prepare their cases terribly badly. In fact, if you see a typical EFCC charge, you will almost weep.

    “I don’t know who gave them the idea that their charges must be in hundreds. You just need one or two charges to make it easy.

    He went on: “When cases go wrong, they start shouting not knowing the cases are badly framed, poorly investigated and badly prosecuted. That’s why cases are thrown out and we shout lawyers and judges.”

    On why judges are increasingly throwing EFCC cases away, he said it is not unrelated with the recent invasion of residences of judges.

    According to him: “The rule of laws dictates you don’t denigrate an institution in order to win a battle. You don’t have to go in the middle of the night to break into their residences.

    “You know these guys. You can arrest them or even invite them. They can’t run because you know them well.

    “Going after them in that way splits the Bar like I am against it and we now forget the issues to discuss how.

    “The problem is the EFCC thinks it is above the laws, which is not true.

    “That is why the anti-corruption war is not going well and needs to be corrected.”

    He went on: “That is very wrong because you are not fighting with the rule of law yet you want the rule of law to assist you deal with looters. It is not going to work. The judges will be against you.

    “They have their discretions to rule on your cases. You cannot force them to convict any person.

    “You must bring the accused before them and if you have already antagonised the judges, how do you want to get prosecutions?

    “They won’t be sympathetic to you because the judges also have their challenges.”

    On the needs for increased financial empowerment of the anti-corruption agency, Agbakoba said: “EFCC needs resources to work well. If you go to their office in Ikoyi, you will be shocked with what they have.

    “In fairness to them, they are doing more than they are paid. They are overworked, overburdened and overused.

    “They don’t have forensics or any skills. So, they prepare their cases terribly badly. In fact, if you see a typical EFCC charge, you will almost weep.”

    See full interview on Pages 46-47.

  • EFCC, Diezani and Charly Boy

    EFCC, Diezani and Charly Boy

    IN a statement she released last January, former Petroleum minister, Diezani Alison-Madueke, insisted that allegations of corruption against her were grossly exaggerated. She did not steal the country’s money and yet she was being subjected to media trial, she said. Below is an excerpt from the January statement:

    “One of the basic tenets of the human trait is that we all have shortcomings and we all make our fair share of mistakes, whether we are in positions of leadership, or not. However, one error that cannot be ascribed to me is stealing from Nigeria and defrauding my country! It is therefore sad and distressing that in spite of all that I tried to do in the best interest of our nation, I continue to be faced with constant demonisation, unproven accusations and deeply personal insults. In response I have chosen not to insult, accuse or demonise anyone, any person or persons. In spite of all the allegations that have been made against me, not one has been factually proven.

    “I remain very proud of the fact that all the policies, tenets and plans that I initiated in the Oil & Gas sector are still underpinning the entire structure. This is because they were put in place with the good of the entire nation and its people in mind. They were not factional, or tribal, neither were they based on religious bias. I can therefore, no longer sit back and allow the fabricated accusations against my person designed by unscrupulous persons with a vengeful agenda go unchallenged. As a Christian, it is my sincerely held belief that in the coming months, history will be the judge of exactly who lied and who told the truth. By the Grace of God, I shall be here to see the day when truth prevails. The fight against corruption in Nigeria will be far better served if the EFCC focuses on incontrovertible facts, as opposed to media sensationalism and completely distorted stories, in their bid to demonize and destroy a few specially chosen Nigerians.”

    Nobody believes her. For since she made the statement, and despite the one-sided reports about her activities as Petroleum minister, at least two courts have given forfeiture judgements against her. The judgements have been in respect of extraordinarily huge sums and incredibly posh properties she allegedly owned through proxies and shell companies. She is yet to respond to these latest forfeitures, if by chance she can find a soul to believe her.

    Meanwhile, it speaks volumes of the methods used by government and its agencies that they seem so eager to open their gates and doors to demonstrations organised in their support, such as the one put together by Charles ‘Charly Boy’ Oputa to encourage the Economic and Financial Crimes Commission (EFCC) to move more forcefully against Mrs Alison-Madueke. After his recent nasty experience in the hands of security agents and President Buhari’s diehard supporters, Charly Boy will be relieved to experience a welcoming embrace from the implacable EFCC. Apart from the lecture on patience and the rule of law which the EFCC gave him after receiving him at their gates, Charly Boy will probably henceforth carefully select his causes to avoid brutalisation that could prove very costly for him, his health, and perhaps his life.

  • ‘Why looters are beating EFCC hands down’

    ‘Why looters are beating EFCC hands down’

    In this conclusion of the interview with Sunday Oguntola, former President of the Nigerian Bar Association (NBA), Chief Olisa Agbakoba (SAN), sheds light on why the Economic and Financial Crimes Commission (EFCC) will keep losing corruption cases. Excerpts: 

    The Economic and Financial Crimes Commission (EFCC) has been accusing the judiciary of frustrating the anti-corruption war, especially successful prosecution of looters. What’s lacking in the agency’s effort?

    The EFCC is just an agency. I did constitutional studies and have studied over 50 anti-corruption models. Corruption is fought well when the President leads it. When the late Murtala Muhammed came to power and wanted to fight corruption, he went on TV and told the people what he had stolen. So, he set an example and inspired confidence from people. Then, he went to war.

    But we don’t see that with this current administration. The suspended Secretary to the Government of the Federation, Babachir Lawal was accused of fiddling with the contract monies for North east recovery programme. What happened to him? Nothing.

    The monies recovered from Ikoyi flat, what’s happening? Nothing. Immediately when there is selective application of anti-corruption parameters, the whole thing goes to pieces. People will raise dusts. You are accusing Diezani Alison-Madueke of looting but she would raise pro-Diezani groups because she feels others are not hounded like her.

    So, the mistake is an absence of clear commitment on the part of the President that anyone caught in corruption would be severely dealt with. When that happens, it would empower EFCC to function better. It would create the energy for the judiciary to add bite to the war. That is what is missing. That critical, strategic commitment of the President that he is fighting corruption, wherever it is found.

    In the Nigeria Bar Association (NBA) conference, one of the things that came out is that the Indian President is succeeding with anti-corruption because he is fighting corruption even in-house. He also uses the best hands as ministers. If he wants a Minister of Mining, he would get the best brain in that field to serve as Minister. In Singapore, virtually all the Ministers are PhD holders. So corruption is not just about stealing money, it is also nepotism. It is about putting only people from a particular section in offices when there are better qualified ones from other sections. You will now make them look inferior and unqualified.

    So the President needs to rise to the level where he is completely neutral and he takes no prisoners of corruption whether it is from his family, party or hometown. If anyone makes a mistake that goes against the rules, he cuts you down. But that is not the case now. He may not know it. It may not be deliberate. But it is not that now.

    I don’t think it is deliberate because he makes the right noises about Nigeria. Look at his last broadcast you could see he was bent on enforcing the sovereignty of Nigeria. If he could do that with the same determination across the board, Nigeria will change.  He won’t tolerate any incompetent ministers. How many of our ministers are competent? That’s why Nigeria is what it is. When I go abroad, my friends wonder what I mean I have to dig my own borehole for water. They cannot understand the concept of boreholes. I have ten generators for personal use and you want me to pay tax. How will I?

    In other countries, tax revenue accounts for over 50 percent. But who will pay tax here when I provide my water, security, power and everything? Everyday PHCN is damaging my electronics when there is a surge. The other day I had to install a solar panel for N1million to protect the gadgets. The next day, PHCN burnt the surge regulator.

    Going to Apapa is a war. We have to drive on gutters sometimes to get there. Who will bring money and investments with the road in that state?

    The EFCC has been crying lawyers like you are helping looters to escape prosecution…

    …How

    …The agency says the looters are getting injunctions with the help of lawyers…

    …But that’s the way it is. That is precisely the work of a lawyer. What we should be asking is: how come the EFCC has poor charges that lawyers are able to get injunctions against them? How come the agency goes to the wrong courts many times for prosecution?

    They are the ones strengthening the lawyers and allowing them to get injunctions because of poor prosecution. Lawyers are by ethics expected to accept briefs from anybody. A person is entitled to be fairly heard no matter the offence you commit. You must have a fair court hearing before conviction. Therefore, you are bound to be defended and the defence is based on the competences of the lawyers-the prosecutors and defence counsels.

    How can you have an anti-corruption strategy and you don’t have lawyers and prosecutors? Rotimi Jacobs is busy going around the country alone. How can he handle all the cases? I told Abubakar Malami (The Minister of Justice), who is my friend, what you need to do is to have top advocates to prosecute cases.

    You can’t fight corruption with penny-penny lawyers. The looters have stolen trillions and you think you will be paying lawyers peanuts and they will beat us who are paid in millions? So, those are part of the problems with the anti-corruption war.

    The President has to make it clear this is his commitment with the Attorney leading the war. EFCC needs resources to work well. I hope you know they don’t have resources to work with. If you go to their office in Ikoyi, you will be shocked with what they have. In fairness to them, they are doing more than they are paid. They are overworked, overburdened and overused. They don’t have forensics or any skills. So, they prepare their cases terribly badly. In fact, if you see a typical EFCC charge, you will almost weep. I don’t know who gave them the idea that their charges must be in hundreds.

    You just need one or two charges to make it easy. You remember people criticised a Federal High Court Judge for freeing Ibori. I took pains to read the judgment and realised the Judge was right because the allegation was by Nuhu Ribadu. He said there was a $15million given by Ibori. The very man who alleged was not called as a witness. So, how can the judge convict without the man who alleged called? J.B. Daodu just made an application and the judge threw away the case. But people don’t know all these.

    When cases go wrong, they start shouting not knowing the cases are badly framed, poorly investigated and badly prosecuted. That’s why cases are thrown out and we shout lawyers and judges. I am not saying judges are saints because we have seen many of them caught in corruption issues.

    But again the rule of laws dictates you don’t denigrate an institution in order to win a battle. You don’t have to go in the middle of the night to break into their residences. You know these guys. You can arrest them or even invite them. They can’t run because you know them well.

    Going after them in that way splits the Bar like I am against it and we now forget the issues to discuss how. The problem is the EFCC thinks it is above the laws, which is not true. That is why the anti-corruption war is not going well and needs to be corrected. Fighting corruption is the simplest thing. It is not as difficult as we are making it. Most of the guys have their hands everywhere. It is easy to track them. The evidence is always there. It is the framework that is lacking as well as motivation for prosecuting lawyers. They are not even enlisting the support of NBA. They believe they have Presidential mandate, which is above the rule of laws.

    That is very wrong because you are not fighting with the rule of law yet you want the rule of law to assist you deal with looters. It is not going to work. The judges will be against you. They have their discretions to rule on your cases. You cannot force them to convict any person. You must bring the accused before them and if you have already antagonised the judges, how do you want to get prosecutions?

    They won’t be sympathetic to you because the judges also have their challenges. I know Judges who have not been paid for months. My sister-in-law is a Judge. She was not been paid from January-June. She is a federal Judge. So, how can she survive?

    It comes back to we must empower institutions. At a point I was in the NJC, I made a point that the NJC is not an agency of the executive. It should draw up and submit its budget to the National Assembly. But the NJC has been very conservative and reactionary. So, I went to court and I won. I asked them to implement the case I won, they were not interested.

    Rather, they are content with working without resources. Most of them have no houses, some have no cars. I am talking about senior federal Judges. They have got absolutely nothing. The conditions under which they work are shockingly poor. Some of their offices have nothing. They have illiterate, uneducated and unskilled staff.

    You know in most cases, judges slow down their works. They must write their reports in three months. So, if you have a judge that is fast and has delivered 60 cases, he or she is dead. They have to write as much reports. They have no support unlike abroad where the judges have like 10 researchers and backroom staff. After dealing with a case, they discuss with the clerks and they give him the reports. So his main work is to sit in court, take evidence. There is a backroom support that you won’t see. Here, there is none. So, when we talk about the judiciary being slow, we have to understand why.

    Many have no offices. Many have to wait for judges to deliver judgments before going to sit. That’s the problem. All these go back to building strong institutions. And this is something African about our underdevelopment. There is no black nation that is successfully run. Look at Jacob Zuma, he’s destroyed the country. Look at Museveni (Uganda). He started very well but has stayed for over 30 years. Look at Mugabe (Zimbabwe). He is over 90 but wants to die in office. But look at the developed countries. Macron is 39, Theodore is 41. These are energetic people. Our President is 74. Look, once you cross 60, the energy is not there again.

    I remember when I was young, I can drink my beer before going to court. Now I cannot again except in the evenings. So, I know the difference between being 40 and 64, not to talk of 74 and carry Nigeria’s wahala on your head. You have to be strong to survive. We need young people who can absorb pressure and thrive.

    What’s happening to CLO, which you founded because these days one is not hearing about it again?

    CLO was created as a human rights organisation to fight for prisoners’ right and all that. In the course of that, we found that our missions required a democratic environment to thrive. So, we expanded our mandate to enthronement of democracy, which we have done. So, our mandate has expired.

    Really?

    Yes, it has expired. We were the opposition then with the Military as ruling class. But now, we are neither APC nor PDP. We cannot do anything again. That’s why I insist only leaders of the ethnic nationalities can rescue this nation because the new game in town is not the enthronement of democracy but fight for a new Nigeria. It is the owners of Nigeria that can rescue us. Human rights groups can only contribute their points.

    Former President Olusegun Obasanjo wrote you last week…

    No, I wrote to him and he only replied. That letter was because of the frustration I feel within for Nigeria. I merely went back to military strategy, that if you agree you are weak, look for an alliance that can assist you. I realised that Obasanjo is a man that can push any course he takes on. I wrote him to help us to create a generational shift. He responded that while he agreed generally, even the youths that have taken power… Anyway, we have opened the conversations that he would give more thoughts. The charge to him was to bring a young man that can take over.

    But he said you have sat on the fence for too long…

    … But where do I start from? I am a lawyer and my resources are limited. I cannot mobilise even in my town. People like Chris Uba with their billions can move everyone away from my presence. So, where do I jump to from the fence? Into fire? So, I cannot do anything. That’s why I appealed to him that since we are in a trap, only someone like him that belongs to the ruling class can drop down the ladder to raise us up. I can name five politicians that can buy up the entire country.

    So, where do you start from if you don’t have resources? How do you fund a party? You know the late Gani Fawehinmi actually thought he would win the presidential race. When he lost, he put mud on his face. He was so distraught and I told him Nigerians love him but we lacked the political organisation.

    In 1998, the space was opened when we the civil societies were invited to participate in the then emerging democracy. But in our meeting in Gani’s house, my motion for participation was defeated because they insisted we must have Sovereign National Government and Government of National Unity.

    I said those things were theoretical and we should enter the space to make changes. I regret that decision would have changed things today. By 2003 when we realised the error, the space had been closed. If Gani had run in 1998, he would have won. It didn’t require money at all then.

    On the aircraft, they would not allow me pay for tickets. Doctors treated me free because they said we were the ones who fought for democracy. The national flavour was still there and people were uncorrupted. That momentum would have taken us in. Even former President Thambo Mbeki came to appeal to us but we shunned him.

    The older part of the Human Rights Movement led by the late Senator Adesanya and co saw the opportunity and took it. They left us behind while we continued to shout and make noise. In four years, the space closed. That was what formed my appeal to Obasanjo.

    So, if a political party asks you to contest, you will take it now?

    Yes. That is part of the appeal to Obasanjo. I cannot on my own offer myself for service because how do I start? It is not easy. Nigeria’s situation is one of the worst in the world where the exclusion is total and the excluded have no voice.

    Instead of fighting their oppressors, they are fighting themselves. The poverty level is horrendous. The level of illiteracy in the north is terribly poor yet the almajiri worship their political heroes who impoverish them in the first place. So, the country needs to be rescued by a visionary person.

    So, Nigeria is not beyond redemption?

    It is a difficult question to answer because Nigeria is touch-and-go. It can go down any moment. We are on the precipice looking at all the indices. We are one of the most fragile states in the world. We are top there. We are at the bottom of any positive rating. All these can lead to a volcanic eruption anytime.

    So, we need a Messiah from the elites who is not self-proclaimed. That, for me, is what we need now.

    As the former President of NBA, why is it not as vibrant as it used to be?

    The political elite have penetrated everything and everyone. There was a time the NBA, NMA, ASUU and others were strong but not anymore. The politicians have infiltrated them because they don’t work. All they do day and night is plotting how to have access to power and treasury.

    Some of them can stay six or seven years without power but when they get it, they don’t stop. Take Diezani for example. What would such a pretty, elegant, classy woman need so much money for? Why would she steal that much?

    That’s the problem. To sustain this politics, this means set up deliberate rules that ensure their power is not threatened. Our politicians can cross any party because the purpose of the party is to have access to power. That is the only philosophy on which our parties run.

    Out of every N1 Nigeria makes, they steal as much as 90k. The system has completely collapsed. The States are just there. The governors just wait till the end of the month, send their commissioners to bring cheques from Abuja and then start distributing to people. That is all they do now. Our local government chairmen only work from when they get their allocations and distribute. After then, they become free. So, the entire governmental system has collapsed. Local governments are gone. States are gone. Only the federal government exists and is overloaded.

  • Over 22 politically exposed persons, businessmen in Dubai under surveillance

    Over 22 politically exposed persons, businessmen in Dubai under surveillance

    Fresh facts emerged yesterday that the Economic and Financial Crimes Commission (EFCC) has received a database of Nigerians with assets in the United Arab Emirates (UAE).

    On the list are assets suspected to have been acquired with looted funds by some former governors, ex- ministers, bankers, oil chiefs,  government functionaries and other Politically Exposed Persons(PEPs).

    The EFCC is analysing the database in line with its list of PEPs who are being investigated.

    The anti-graft agency has placed over 22 politically exposed persons and businessmen in Dubai under surveillance.

    Funds linked with some of those under probe may be seized.

    A source in the commission, who spoke in confidence, said: “In line with its Beneficial Ownership laws, we have already a database of Nigerians with assets in the United Arab Emirates, including properties of some high-profile Nigerians under investigation.

    “We are already studying the database in line with our ongoing investigation and profiling. We have a long list of some politically exposed persons and businessmen under probe.

    “The signing of the agreements between Nigeria and the UAE by President Muhammadu Buhari last week has opened a robust vista which will hasten our identification and attachment of the suspicious assets.

    “It is time to set out for work. You will recall that over N1.34 trillion was stolen by public officers in seven years. We will trace some of these funds and the assets acquired with them in UAE.”

    Responding to a question, the source added: “We will not release the list now but already we have initiated action on some suspects.

    “Actually, there is no hiding place for any looter from Nigeria in UAE again. In May 2016 at the Anti-corruption Summit in London, the UAE joined the league of 29 nations which will share where lists of beneficial owners.

    “The UAE has also strengthened its anti-money laundering (‘AML’) regulations. Therefore, the environment is conducive now to track the suspects on our radar.

    “The Jebel Ali Free Zone Authority (JAFZA) also operates a commercial register where you can easily identify companies and investors in UAE.”

    Following a state visit to the UAE by President Muhammadu Buhari on January 19, last year, the Federal Government entered into  six agreements with the Emirates.

    The agreements, which were signed by Buhari last week, are:

    • Avoidance of Double Taxation Agreement.
    • Agreement on Trade Promotion and Protection
    • Judicial Agreements on Extradition
    • Transfer of Sentenced Persons
    • Mutual Legal Assistance on Criminal Matters
    • Mutual Legal Assistance on Criminal and Commercial Matters(recovery and repatriation of stolen wealth)

    Sections 7 of 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004 mandate the agency to seize suspicious assets.

    Section 7 says: “The commission has power to (a) cause any investigations to be conducted as to whether any person, corporate body or organization has committed any offence under this Act or other law relating to economic and financial crimes.

    “(b) Cause investigations to be conducted into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income.”

    Sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004 empower the anti-graft agency to invoke Interim Assets Forfeiture Clause.

    “Section 28 of the EFCC Act reads: ‘Where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court.’

    Section 13 of the Federal High Court Act reads in part: “The Court may grant an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.

    (2)          Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.”

    The Chairman of the Senate Committee on Foreign and Domestic Debts, Senator Shehu Sani said over $200 billion had been hidden in the UAE.

    He said: “Over $200 billion is stashed away from Nigeria to Dubai alone. This may be the monies stolen since in the past 20 years. I am not talking about estates and bonds and other securities bought with Nigeria stolen money.”

    The anti-money laundering policy of UAE Central Bank reads in part: “Any person who commits, or attempts to commit, a Money Laundering offence shall be punished by imprisonment of up to 10 years and or a fine of between AED 100,000 and AED 500,000.

    ”In cases of multiple perpetrators, the Court subject to its discretion, may exempt a perpetrator from the imprisonment penalty if he takes the initiative and reports the crime to the competent authorities prior to the knowledge of such authorities and if his actions lead to the arrest of the other perpetrators or seizure of the laundered money.

    ”Any establishment that commits an offence of money laundering, financing of terrorism or financing of any unlawful organizations, shall be punished by a fine of AED 300,000 and AED 1,000,000.

    ”Failure to report a suspicious transaction shall be punishable by imprisonment and /or a fine of between AED 50,000 and AED 300,000.

    ”Tipping off a person being investigated regarding a suspicious transaction shall be punishable by imprisonment of up to one year and/ or a fine of between AED10,000 and AED 100,000.

    ”Violation of the requirements of Airport Declarations shall be punishable by imprisonment and or a fine.”

  • EFCC officials undergoing trial for corruption – Magu

    EFCC officials undergoing trial for corruption – Magu

    The Economic and Financial Crimes Commission ( EFCC ) says some of its officials are currently being prosecuted for corruption in various courts across the country.

    The Acting Chairman of the commission, Mr Ibrahim Magu, disclosed this at an interactive session with Editors in Abuja on Wednesday.

    Magu, who did not immediately give the number of the affected officials, said he would not condone any act of corruption in the agency.

    “Recently, we had to discharge about nine cadet officers because they have problem with their certificates from various institutions.

    “We are also prosecuting a lot of officers. Some of them are already in court.

    “There is a way you can help us. Just like you can help us with information regarding corrupt practices outside the EFCC, and proceeds of corruption, you can also assist in giving us the information.

    “But, I assure you, I do not tolerate, I won’t condone any act of corruption in the EFCC .

    “I cannot be everywhere but I am telling you I don’t spare any allegation no matter how little, we make sure we investigate.

    “No allegation against the EFCC personnel is left uninvestigated. Even if there is allegation against me, we will refer it to the appropriate authority to investigate.’’

    The EFCC boss said that the ongoing anti-corruption war was getting tougher, saying the fight had never been this tough in the several years he had spent in the battle.

    He reiterated his call for concerted efforts by all stakeholders, especially the media,  in the fight.

    `Nobody will claim ownership, nobody has a better knowledge than the other person, nobody has a monopoly of knowledge in the fight against corruption.“We need everybody on board now that the fight against corruption is getting tougher. I have been in this business for a very long time; it has never been this tough like now.

    “Some of us feel that it is our generation that caused corruption. So, we have a responsibility to clear the debt.

    “Please don’t get tired because it is about Nigeria, it is not about individuals. All of us have a responsibility to God Almighty to fight corruption.

    “Let us double our efforts. From the way we are going, they have already failed. It is almost half won, but we must sustain the momentum.’’

  • EFCC recovers over N409bn in eight months – Magu

    EFCC recovers over N409bn in eight months – Magu

    The Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, said on Wedneday the Commission has recovered over N409billion, $69.5million, £230,000, €443,000 and 7,500 Riyals from January to August this year.

    Magu said he meant no harm in pursuing the fight against corruption.

    But he vowed to fight graft to a standstill.

    He urged Nigerian media to remain undaunted in supporting the EFCC.

    Magu, who stated these at a session with Editors in Abuja, said the battle against corruption has been won.

     

  • Diezani: $40million was conveyed in cash to a bank chief

    Diezani: $40million was conveyed in cash to a bank chief

    Court orders final forfeiture of cash

    Protesters seek ex-minister’s extradition

    The Federal High Court in Lagos yesterday ordered the final forfeiture of N7.6billion allegedly stolen and hidden by former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke.

    Justice Abdulazeez Anka granted an application by the Economic and Financial Crimes Commission (EFCC) seeking the money’s final forfeiture to the Federal Government.

    He held: “I’ve read the motion on notice seeking the final forfeiture of the sum of N7,646,700,000 reasonably suspected to be proceeds of unlawful activity.

    “I have also gone through the affidavit in support of the application.

    “In the circumstances, I am of the view that the application has merit and is hereby granted as prayed. Parties have a right of appeal.”

    Moving the application, EFCC’s lawyer Rotimi Oyedepo said the money was part of “huge sums” allegedly diverted by Mrs Alison-Madueke from various subsidiaries of the Nigerian National Petroleum Corporation (NNPC).

    According to him, it was “fraudulently converted from NNPC by Mrs Alison-Madueke”.

    He said the commission published an advertorial after the court ordered the money’s temporary forfeiture, but no one came forward to claim its ownership.

    In an affidavit to support the application, an investigating officer, Usman Zakari, said he was part of a team of operatives who investigated an intelligence report that huge sums were laundered.

    He said it was looted through former Managing Director, Crude Oil Marketing Department, Gbenga Olu Komolafe; former Managing Director, Petroleum Products Management Company (PPMC) Prince Haruna Momoh; Group Managing Director, Nigerian Products Marketing Company (NPMC) Umar Farouk Ahmed, Stanley Lawson, Babajide Sonoiki and some bank chiefs on behalf of Mrs Alison-Madueke.

    The deponent said Mrs Alison-Madueke called a bank chief to her office for a meeting where she informed him that some officials of her ministry would be bringing funds to his bank.

    She allegedly directed that the “funds must neither be credited into any known account nor captured in any transactional platforms of the bank”.

    The investigator added: “In carrying out this alleged scheme of fraud, the sum of $153,310,000 was moved from NNPC through B.O.N Otti and Stanley Lawson, both former Group Executive Directors, Finance and Account of the NNPC” to the bank.

    He said using the same fraudulent scheme, another $45million was also conveyed to the bank.

    He said the money was conveyed in cash from Abuja to the bank’s headquarters in Lagos; $113,310,000 was taken out of it and moved to another bank in a bid to conceal its illicit source.

    The investigator said the remaining $40million was conveyed in cash to a bank chief, Dauda Lawal.

    Zakari said $108,310,000 was taken from the $113,310,000 and was disguised and invested in an off balance sheet investment using an asset management company owned by the bank as a special purpose vehicle.

    He said the remaining $5million was conveyed in cash to another bank’s managing director “for safe keeping”.

    The sum in the asset management company was allegedly converted to N23,446,300,000, which EFCC said it recovered in drafts from the bank.

    It also recovered the $5million held by the bank MD.

    The operative said the $40million conveyed in cash to Lawal was subsequently converted to N9,080,000,000 and retained by him.

    Zakari said the N23,446,300,000, $5million and N9,080,000,000 were forfeited to the Federal Government on February 16, following an order by Justice Muslim Hassan of the same court.

    According to him, the $45million was converted to naira by the bank in a bid to conceal and disguise its illicit origin.

    He said EFCC received N7,646,700,000 in draft from the bank.

    He recalled that the court on August 9 granted an interim order of forfeiture of the money and directed EFCC to publish the order in national newspapers to enable any person interested in it to appear in court and show cause why it should not be forfeited permanently to the Federal Government.

    “The applicant has complied with the order of this court by publishing the said order on the 16th of August. It is in the interest of justice to grant this application,” Zakari said.

    Justice Anka “granted the application as prayed”.

    The UK’s National Crime Agency (NCA) has frozen London properties valued at £10 million allegedly bought for the former minister.

    The two properties located at Regents Park in London, along with one in Buckinghamshire, have now been frozen based on the request of Nigerian authorities.

    According to online news medium, Premium Times, a London court gave the freeze order in September 2016 but details of the rulings have only recently become public.

    But the agency was too late in preventing a further two properties worth £8 million from being sold.

    In July, the U.S. Department of Justice (DoJ) had revealed four properties it alleged were bought for the former petroleum minister by individuals and firms seeking her influence in obtaining lucrative oil assets and crude oil lifting contracts.

    Some of the oil assets were assigned to people believed to be her cronies through Strategic Alliance Agreements (SAAs).

    The DoJ’s affidavit stated that businessmen, Jide Omokore and Kola Aluko were involved in the purchase of two of the properties allegedly bought for Alison-Madueke.

    The UK order obtained by Africa Confidential, a newsletter specialising in politics and business in Africa, has revealed that three of the properties have been frozen under the Proceeds of Crime Act.

  • Diezani: Protesters seek ex-minister’s extradition

    Diezani: Protesters seek ex-minister’s extradition

    The Federal Government is under pressure to bring back former Petroleum Resources Minister Mrs Diezani Alison-Madueke.

    Some protesters yesterday marched on the Abuja headquarters of the Economic and Financial Crimes Commission (EFCC) to demand her extradition from the United Kingdom for trial.

    They also raised issues on high-profile corruption suspects.

    But the EFCC said it will follow due process in its ongoing investigation of the former minister.

    It said the repatriation of the ex-minister required a long and painstaking process.

    The protesters, who came under the umbrella of Concerned Nigerians, were led by Charles Oputa (popularly called Charly Boy) and Deji Adeyanju.

    They had besieged the EFCC headquarters for a two-day sit-in.

    The EFCC sought for patience on Mrs Alison-Madueke and other high-profile cases.

    Charley Boy said the team was interested in the outcome of Mrs. Alison-Madueke’s  ongoing probe.

    He said: “I am here to give support and ginger the youths who have finally decided to wake up from their docility and their slumber.

    “We are here to force a discussion on this war on corruption. Is it only being fought on the pages of newspapers and why haven’t we had a conviction so far and why haven’t the guilty been punished so far?

    “So, I am here to join the exceptional Nigerian youths to ask questions and hold the government accountable to the promises that have been made.

    I remember the famous quote by President Buhari which says ‘if we cannot kill corruption, corruption will kill us’. And it looks like corruption is killing us. So, what the young people are asking is, why hasn’t there been any conviction so far?

    “So, I am here to encourage them, to motivate them in standing up for their rights because if the youths exclude themselves from nation-building, then they have no future in this country.

    “We told the EFCC that we will be back tomorrow and we will continue to support them in the fight.”

    Charley Boy said apart from losing assets, the ex-Minister must face trial.

    He said: “It is not enough for Diezani’s assets to be forfeited; there should be a conviction.

    “If they cannot get a conviction for Diezani there (in London), let them bring her back home. Our eyes are on the Diezani matter and I am hoping that it won’t be business as usual. The sit-in stops tomorrow but our media campaign will continue.”

    Adeyanju urged the EFCC not to be deterred in prosecuting the fight against corruption.

    He said after the two-day sit-in, which began yesterday at the EFCC headquarters, the group will take its protest to the United Kingdom.

    He said: “We came to tell the EFCC that we are demanding the extradition of Diezani, who is alleged to have stolen billions of dollars from the Nigerian coffers. We are saying if they do not extradite her and allow her trial to continue in the UK, it will be a pat on the back for her because what she is being accused of doing in the UK is a very minor offence.

    ”Corruption charges should be brought against her here and it is imperative that she be tried in Nigeria.

    “We are also demanding that they should assist the British Government in whatever way possible to secure an extradition.

    “We have also highlighted other corruption cases, like the IGP who was accused of collecting N120bn from oil companies and banks. Babachir Lawal and other cases like the CBN’s hoarding of forex.” The police chief has denied the allegations.

    Adeyanju went on: “The EFCC does not need to wait for directives before investigating people. Once someone has been accused of something, the commission should swing into action.”

    The EFCC said it would follow due process in its ongoing investigation of the ex- minister.

    The Secretary to the commission, Mr. Emmanuel Aremo, who addressed the protesters, said the repatriation of the ex-minister required a long process.

    Speaking on behalf of the Acting EFCC Chairman, Mr. Ibrahim Magu, Aremo stressed the anti-graft agency remained committed to the rule of law, adding that this is paramount in the fight against corruption.

    He said: “Let us be patient and let us follow due process, we on our part will ensure that no stone is left unturned as we intensify the war against corruption.”

    He asked the group “not to relent in their support for the EFCC, as the anti-graft agency needs the partnership of every Nigerian in the fight against corruption.

    “I urge Nigerians to be patient because extradition requires a painstaking process that must be followed,” Aremo added.