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Tag: EFCC

  • Court rejects American’s application for variation of bail conditions

    Court rejects American’s application for variation of bail conditions

    Justice Hakeem Oshodi of an Ikeja High Court Monday rejected an application brought before the court by an American, Marco Ramirez, alleged to have defrauded three Nigerians seeking US green card of $565,000.

    He said the application filed by Ramirez through his counsel, Ademola Adefolaju, was incompetent.

    At resumed proceedings yesterday, the vacation judge, Justice Oshodi declined to hear Ramirez’s application for variation of bail conditions as he was absent in court.

    His counsel, Adefolaju told the court that Ramirez is in Kirikiri Prison custody and that that is why he could not appear in court.

    “My Lord, my client is not here. He is on remand in prison, we will like my Lord to vary the bail conditions, the defendant has been unable to get an executive director of a company as a surety,” Adefolaju said.

    Responding, counsel to the Economic and Financial Crimes Commission (EFCC), Mr M.F Owede, opposed the application for variation of the bail conditions.

    Owede told the court that Ramirez was an international fugitive and that varying his bail condition would not be in the interest of justice.

    He urged the court to uphold the bail conditions granted him by Justice Josephine Oyefeso on July 10.

    “The defendant is a fugitive in the U.S.A., and he is already flagged by the interpol, despite this he was still granted bail on liberal terms,”Owede said

    Ruling on the application, Justice Oshodi, said that the application cannot be heard because Ramirez was not present in court.

    He held that the application was incompetent because there was nothing before the court to prove Ramirez’s alleged ill health.

    Adefolaju had on Friday brought an application before  a vacation Judge,  Justice Ganiyu Safari that his client’s health condition had deteriorated in Kirikiri Prison since his remand in July.

    He prayed the court for an order to allow the defendant to bring one surety that is in a directorate cadre in the Lagos State civil service as a substitute for a director in a reputable company.

    Adefolaju said Ramirez was dying in prison and the failure “to expeditiously determine the motion is dangerous as his health is deteriorating in prison custody.”

    However, Justice Safari held that since the EFCC was not aware of the proceedings it was better for the matter to be adjourned.

    He ordered that a hearing notice be issued to the commission informing it of Ramirez’s application and adjourned the hearing of the application till today before Justice Oshodi who is resuming today as the next vacation judge.

    The EFCC had charged Ramirez with a 16-count charge bordering on obtaining under false pretences.

    According to the anti-graft agency, Ramirez, who is the Managing Director of three companies, USA Now Plc., Eagleford Instalodge Group and USA Now Capital Group, allegedly committed the offences between February 2013 and August 2013.

    EFCC alleged that Ramirez fraudulently received $545,000 from Godson Echejue to invest in his company, Eagleford Instalodge Group, in order to procure an American green card (residence permit) for him.

    Healso allegedly received $10,000 from Abubakar Umar through a non-existent investment programme in the U.S., which was billed to make Mr. Umar eligible to obtain an American passport.

    The EFCC also accused Mr. Ramirez of illegally receiving $10,000 from one Olukayode Sodimu under the pretext that the funds were facilitation fees with the American Immigration Services for an American green card.

    Ramirez had pleaded not guilty to the 16 count charge offence.

    Justice Josephine Oyesfeso had on July 10, granted Ramirez bail in the sum of $250,000 bail or its naira equivalent with two sureties in like sum.

    Oyefeso had ordered that one of the sureties should be resident in Lagos, be a director of a reputable company and have landed property in Lagos State.

  • Slow judicial system frustrating anti-graft war – EFCC

    Slow judicial system frustrating anti-graft war – EFCC

    The Economic and Financial Crimes Commission (EFCC) said on Sunday that the fight against corruption is being delayed by Nigeria’s slow judicial system and delay tactics by defence lawyers.

    The Deputy Head of EFCC, Ibadan Zonal Office, Mr. Kazeem Oseni, stated this at the 13th Biennial conference of Obafemi Awolowo University (OAU) Muslim Graduates’ Association (UNIFEMGA), Ibadan Chapter.

    His comments were contained in a paper titled: “Corruption in Nigeria: An overview and the Effort of the EFCC in Fighting the Scourge.”

    “The EFCC is committed to the anti-corruption war; we have made some progress but the operating environment has not been very encouraging.

    “Issues bordering on legal technicalities, lack of cooperation from states and local governments and public attitude towards corruption keep undermining our efforts to tame the menace,” Oseni said.

    He said the Commission was responding to the challenges by enhancing the capacities of its operators and exposing them to the requisite skills required for efficiency.

    “We want to ensure that every investigation is properly carried out; we want to make sure that there are no escape routes for those found to be evidently corrupt,” the EFCC official added.

    He called for massive support for the Commission, pointing out that the EFCC could only work with information offered by members of the public.

    “We all have roles to play, either as individuals or corporate entities. It is when we change our attitude and support the fight that it can succeed,” he said.

    NAN

  • EFCC freezes N8. 6b in ex-First Lady’s friend’s accounts

    EFCC freezes N8. 6b in ex-First Lady’s friend’s accounts

    •Shagaya sues Unity Bank, says accounts frozen without court order
    •Freeze: I have lost business goodwill, can’t pay N514m debts on chartered aircraft, Shagaya tells court •Unity Bank: Our hands are tied by the law

    The Economic and Financial Crimes Commission (EFCC) has frozen over N8, 627,458,773.36 billion in three accounts of Hajiya Muinat Bola Shagaya, an associate and friend of a former First Lady, Mrs. Patience Jonathan.

    Shagaya’s relationship with about 10 firms/account names are also being investigated by the anti-graft agency, The Nation learnt yesterday.

    But Shagaya, who did not hold any public appointment during the administration of ex-President Goodluck Jonathan, has dragged Unity Bank to the High Court of Lagos State for allowing the EFCC to Post No Debit (PND) on her accounts without a valid court order.

    She says the action taken on her accounts violates Section34 (1) of the EFCC Act, 2004.

    Besides, the withdrawal ban placed on one of her accounts has prevented her from defraying N514, 800,000 incurred as cumulative costs in the course of an Aircraft Lease Agreement of a bombardier Jet, according to documents which Shagaya filed and deposed to at the Court alongside with her counsel, Napoleon Emeaso-Nwachukwu.

    Hearing of the matter is slated for September 28.

    However, Unity Bank says its hands are tied by the law in complying with the EFCC’s directives to freeze Shagaya’s accounts.

    The EFCC in a letter to the Unity Bank Managing Director in respect of one of the frozen accounts said: “The commission is investigating a case in which the above-mentioned account featured.

    “In view of the above, you are requested to kindly check the table below and provide us with Certified True Copies (CTC) of the following information, which should include but not limited to the following: (i) The deposit slips/telex copies (front and back) that conveyed the authority of the transactions; (ii) Any investment made with the funds in any of your products which should include fixed/term deposit and their liquidation and the interest incurred, Banks Acceptance, Commercial Papers and any other relevant information in relation to these.

    The EFCC listed the transactions in the said account as “N300m(Bola Shagaya RTGS);  N300m (Additional N300FTD at 15% TRAN); N500m (Time Deposit); N2,317,013,698.64 (BNG COLLAOS FOR FTD-CUSTOMER ACCOL); N2.3billion (Opening a Time Deposit Account); N292, 495, 029.82 (Withdrawal from Time Deposit); N292, 495, 029.82 (TAK Asset Mgt Limited); N300m (Term Loan booked for 356 days); and N2,025,455,015.08 (BNG COLLAPS OF FTD Customer Account.”

    In a separate letter Cr: 3000/EFCC/LS/STF/ STF3MP/ Vol.11/182 which Shagaya made available to the court, the EFCC asked Unity Bank to Post No Debit(PND) on 10 accounts linked with her.

    The account names are (i) First Deep Water Discovery Limited; (ii) Bola Shagaya; (iii) FAPLiNs Nigeria Limited (iv) Lingo Nigeria Limited; (v) Buri Barclays BDC; (vi) Links Global Synergy Ltd; (vii) OKIOIL Nig. Ltd; (vii) JEMARVIZ Nig Ltd; (ix) PJ Oil and Gas Ltd; and (x) AFDIN Ventures Ltd.

    The anti-graft commission said: “The commission is investigating a case in which the above mentioned accounts featured.

    “You are requested to kindly place the account on Post No Debit (PND) category pending the conclusion of the investigation.

    “This request is made pursuant to Section 38(1) and (2) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 and Section 21 of Money Laundering (Prohibition) Act, 2011.”

    In the third letter, the EFCC said it was looking into two other accounts including Voyage Oil and Gas and Bola Shagaya from 2008 to date.

    It said: “The commission is investigating a case in which the above mentioned accounts featured. In view of the above, you are requested to kindly provide us with Certified True Copies (CTC) of the following information which should include but not limited to the following: (i) The Mandate Card  and statement(s) of all domiciliary and Naira account(s) in the above mentioned accounts from 2008 to date with letter of certification in accordance with Section 84 of the Evidence Act 2011; (ii) any investment made with the funds in any of your products which should include fixed/term deposit and their liquidation and the interest incurred, Bank Acceptance, Commercial Papers and any other relevant information related to these.

    “You are further requested to kindly place the account on Post No Debit (PND) category pending the conclusion of investigation.”

    But Shagaya accused Unity Bank of complicity on her travails following  the bank’s alleged failure to exercise the requisite due diligence.

    She said the freezing of her accounts did not comply with Section 34(1) of the EFCC Act, 2004. She specifically referred to the bank’s refusal to allow her to make transactions on Account 000326118 including payment of N514, 800,000 to Global Apex Air Limited, through Heavywind Integrated Services, for the lease of a bombardier Jet.

    She said the Aircraft Lease Agreement between her and Global Apex Air Limited has been terminated with her forfeiting US$1million.

    In an affidavit she deposed to, Shagaya said: “The official of the Defendant (Unity Bank) whom my Personal Assistant relayed the development to, informed him that on the 3rd of November, 2016, the Defendant received a letter from the EFCC through their Lagos office informing it that my account with it is under investigation and requested that the account be put on “Post No Debit” pending the outcome of the investigation hence the Defendant’s inability to honour my payment instruction.

    “Initially I laughed off the excuse as a ploy of the Defendant to deter me from taking legal actions against it for dishonouring my payment instructions especially that of the 31st of October 2016 which ultimately led to the termination of the Aircraft Lease with Global Apex Air Ltd. And the loss of the sum of One Million United States Dollars deposited with the Lessor by me.

    “On the 27th of January, 2017 the Defendant responded to my Solicitor’s letter. In its response, the defendant stated that: “it observed that long before your client forwarded her cheques and payment instruction to the Bank as indicated in your letter under reference, the EFCC had formally informed the Bank that an investigation relating to your client’s account was ongoing and sought the cooperation on the Bank accordingly.” The Defendant’s letter ended by stating that “Based on our understanding and the fact that the Bank was already aware that the Law Enforcement Agency had taken definite steps to comply with Section 34(1) of the EFCC Act, 2004, behoves the Bank not to allow the dissipation or removal funds in your client’s account without appropriate clearance from the Law Enforcement Agency or a judicial order directing the release of the funds to your client.”

    “I will also contend at the hearing of this Suit that the Defendant negligently and wrongfully failed to exercise the requisite due diligence and by extension, the duty of care it owed me as my banker prior to complying with the alleged freezing instruction from the EFCC.

    “The Defendant did not request and ensure it was obliged the Freezing Order from a court of competent jurisdiction prior to complying with the instruction to freeze the Claimant’s account

    “The Defendant failed to honour the Claimant’s payment instructions of the 31st of October 2016 as well as those of the 1st and 2nd November 2016 which preceded the alleged instruction from the EFCC.

    “The Defendant failed to promptly notify the Claimant of the freezing other account. The freezing of the Claimant’s account did not comply with Section 34(1) of the EFCC Act, 2004.

    “Since the unlawful freezing of my account by the Defendant, I have not been able to transact with that account due to my inability to access same thereby causing business losses and opportunities.

    “By reason the Defendant’s action, I have suffered loss of reputation and damages and my person brought to disrepute, public opprobrium and odium.

    “The actions of the Defendant which consist in unlawfully freezing my account without an Order of a Court of competent jurisdiction and failing to disclose same to me promptly was unreasonable as well as defamatory of me before my business associates who now see me as a criminal and an untrustworthy fellow who is in the habit of issuing due cheques and payment instructions that she knew would not be honoured.

    She said she had lost a lot of business goodwill since her accounts were frozen including

    o    The loss of $1,000,000 deposited with Global Apex Air Ltd. Due to her in ability to pay accrued costs in line with Aircraft Lease Agreement which was occasioned by the failure of the Defendant to oblige the Claimant’s payment instruction to Heavywind Integrated Services.

    o    Loss of business opportunities and goodwill occasioned by her inability to operate her account domiciled with the Defendant due to its freezing.

    o    Loss of reputation occasioned by the Defendant’s wrongful dishonouring of her payment instructions to third parties.

    “If not compelled by this Court, the Defendant will not on its own volition unfreeze my account even when it is glaring the Defendant had wrongfully breached the duty of care it owes complying with an illegal instruction in freezing my account.”

    But in a letter to Shagaya’s counsel, Unity Bank said it has a legal and ethical responsibility to render assistance to law enforcement agencies.

    The bank explained its constraints in a letter by its Head, Legal Services Department, Mr. Alaba Williams and Mr. Olusegun Olukoya of the same department.

    The bank said:  “While the Bank respects the contractual nature of the relationship with your client, it is without prejudice to the Bank’s standing as a responsible law abiding Corporate Citizen.

    “In spite of the Bank’s contractual relationship with your client, that relationship is not without a legal and ethical responsibility to render assistance to law enforcement agencies when required of the Bank.

    “Considering the sensitive nature of the investigation touching your client’s account as advised by the EFCC in October 2016, the Bank had to exercise caution in relation to further transactions, especially debits, in the account of your client under investigation.

    “The need for the Bank to exercise due caution in the matter of the operation of your client’s account after receipt of notification of the ongoing investigation by the EFCC was informed by our understanding of various existing statutory provisions  relevant to the request of the EFCC received by the Bank.

    “Based on our understanding and the fact that the Bank was already aware that the Law Enforcement Agency had taken definite steps to comply with section 34(1) the EFCC Act, 2004. It behoves the Bank not to allow the dissipation or removal of the funds in your client’s account under investigation, before the Court Order seeking to preserve the funds was obtained.

    “The contractual relationship between your client and the Bank does not permit us to pre-empt the investigation by the Law Enforcement Agency and the related Court Proceedings which outcome could lead to forfeiture of the funds in the same account.

    “The Bank could be considered an accessory after the fact if it allowed the dissipation of the funds in your client’s account without appropriate clearance from the Law Enforcement Agency or a judicial order directing the release of the funds to your client.

    “Therefore contrary to the allegation in your letter, the Bank had a proper justification for refusing the payment instructions from your client for funds to be removed from her account in issue when there was an ongoing investigation by the EFCC in respect of the said funds. The Bank is therefore not in breach of any contractual obligation to your client. The Bank is also not liable to your client for the sum of N700,000,000.00 (Seven Hundred Million Naira) or any other sum that matter as damages claimed by you.

    “Please, note that Unity Bank Plc. is committed to comply with the extant laws and Regulations of all competent Authorities and Jurisdictions.

    “In addition to adopting best practices; ethical and legal considerations always guide our commercial decisions protecting the good name and the reputation of the bank remains the primary consideration in all actions taken by the Bank. Accordingly, the Bank protects its products and services from being involved in allegation of unlawful activities. Hence we  will cooperate fully with all Regulators and Law enforcement Agencies.

    “We are of the humble opinion that your client should kindly resolve any outstanding issues with the Law Enforcement Agency and facilitate the removal of the “Post No Debit” on her account with the Bank.

    “Litigation against the Bank will therefore not be necessary in the circumstance.”

     

  • ‘Attack on EFCC’s office is audacity of corruption’

    ‘Attack on EFCC’s office is audacity of corruption’

    The Nigeria Labour Congres (NLC) has described the recent attack by gun men on the Economic and Financial Crimes Commision (EFCC) Abuja office as an “audacity of corruption. The NLC, threfore, urged the commission and other related agencies to beef up security on their premises and personnel.

    It also charged the commission not ot succumb to intimidation, rather to do all necessary to secure the organisation.

    In a statement  signed by the NLC President, Comrade Ayuba Wabba, he noted that the organisation needed technical support to build its forensic capacity without which cases would be lost or drag on indefinitely in court, thus, exposing the personnel to danger.

    “We also find it necessary to call on the government to give the commission the requisite support, including the setting up of dedicated courts for speedy disposal of corruption cases,” he said.              Wabba said the recent attack the battleground from the court room to the streets, and should be condemned by all those who love the country.

    According to him, the attack was intended to deter operatives of the EFCC from carrying on to a logical conclusion their ongoing investigations/prosecutions.

    He said: “In light of an earlier attack during which an operative sustained injuries, this cannot be a lone incident. Indeed, we see it as the new phase of corruption fighting back.

    “While we are not insensitive to the manifest danger in this new phase of corruption fighting back, we urge the commission and its operatives not to succumb to these desperate tactics or intimidation.”

    Wabba stated that Labour had no doubt that the resort to violence showed that those behind the attack have come to their wits’ end.

    In a related development, the NLC has taken a swipe at the Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay, over his call to move workers minimum wage law from the exclusive to the concurrent legislative list.

    Wabba stated this in Uyo, the Akwa Ibom State capital, after the launch of the congress’ annual Rain School Programme.

    Wabba said the PACAC chairman has neglected the work of the committee he has been saddled with but ventured  into an area that he has scanty knowledge about.

    The NLC boss accused Sagay of not delivering on the Committee’s Mandate of taming corruption in the country, urging him to focus on that assignment rather than making suggestions outside the purview of the committee.

    Wabba said that a country that pays its workers poorly can never reduce corruption to the barest minimum, stressing that even a layman knows that poorly paid workers would not be in a position to resist corrupt tendencies.

    He said that Nigerian workers would resist any attempt to move the Minimum Wage Law to the concurrent list because other nations’ minimum wage is a national issue in their constitutions.

  • Court rules on Glo’s suit against EFCC October 24

    Court rules on Glo’s suit against EFCC October 24

    A Lagos High Court in Igbosere has fixed October 24 for judgment in a suit filed by Globacom Limited against the Economic and Financial Crimes Commission (EFCC) over an alleged threat to arrest its Head of Marketing Department, Ashok Israni.

    Justice A. O. Animahun fixed the date on Thursday after entertaining arguments from the parties on a fundamental rights enforcement suit filed by the telecommunications firm.

    Israni and Globacom are first and second applicants, while the EFCC, Dubai-based Emitac Mobile Solutions LLNP and an EFCC operative, Kadiri Thomas, are joined as first, second and third respondents in the suit.

    The suit arose following a petition by Emitac Mobile Solutions to the EFCC, accusing Globacom of refusing to pay it $6,685,312.88 being the balance of the services it rendered to the telecoms outfit.

    Emitac Mobile Solutions claimed that Globacom made it to render the service under false pretence and that there was thus a criminal element to their dispute.

    It said the $6,685,312.88 was the balance of services it rendered for the provision of Blackberry Solutions (BIS), a wireless solution that allowed Glo Mobile users to access communications and information wirelessly.

    The firm claimed further that Globacom’s failure to pay the $6, 685,312.88 caused the windup of its operations in Nigeria.

    The suit, which was slated for hearing on Monday, did not proceed due to a defect on some of the processes filed by the EFCC.

    However, at the commencement of proceedings on Thursday, Globacom’s lawyer, O. Uye, disputed the Dubai firm’s claims.

    Uye argued, among others, that there was nothing criminal in the transaction for the EFCC to investigate.

  • $20m ‘bribe’: EFCC probes 20 ex-NPA officials

    Detectives are probing how $20million was wired into the accounts of shell companies and fronts of some former officials of the Nigerian Ports Authority (NPA).

    The cash, which is believed to be a bribe, is being traced by the Economic and Financial Crimes Commission (EFCC).

    The anti-graft commission is also looking into the operation of a firm which had been indicted by Switzerland over the bribe.

    The affected company was fined 1million Swiss Francs by a Switzerland court, which also ordered it to pay back 36 million Swiss Francs described as illegal profits.

    No fewer than 20 former NPA top shots may be interrogated over the deal.

    Besides, there is pressure on the government to suspend business or contractual obligation with the indicted firm for a hitch-free probe by the anti-graft agency.

    The scam predates the appointment of NPA Managing Director Hajiya Hadiza Bala Usman.

    EFCC detectives have commenced investigation into the bribery scandal.

    “So far, we are looking into the accounts of 10 suspects and about five firms which were implicated in the deal.

    “We have been able to discover that the indicted firm had been entrenched in the system in the last 10 to 12 years with some contract procedure waivers linked to it,” a source said, adding: “It is a big bribery scandal with international network. We will unravel all the perpetrators and beneficiaries.”

    The EFCC plans to collaborate with the Swiss authorities in getting to the root of “this huge bribery”. We are hopeful of retrieving all relevant documents.

    “The good thing is that the Swiss government has always shown understanding by cooperating with the Federal Government.” The Swiss government had returned more than $650million Abacha loot to the Federal Government.

    The source said the latest dimension on the scandal made it necessary for the EFCC to probe the implicated company.

    “With the leg work done by our team, the $20million was not consultancy fees as being claimed by some of the highly-placed Nigerians.

    Another source gave an insight into the role played by the administration of ex-President Goodluck Jonathan in cooperating with the Swiss authorities.

    The source said: “The Swiss authorities, through the Office of The Attorney-General, Department of International Affairs, on May 2, 2012 implicated some Nigerians in the $20million scandal alongside a firm.

    “The EFCC was then asked to look at the issues involved and the outcome of the agency’s findings was sent to Felix Reinmann, the Swiss Federal Attorney.”

    The source said a letter by a former Attorney- General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), revealed the steps taken by the Federal Government.

    The letter said: “I refer to your letter dated 2nd May 2012, wherein you forwarded a Mutual Legal Assistance request to Nigeria on the above subject matter. The request was brought pursuant to the United Nations Convention Against Corruption and the International Law

    Principle of Reciprocity.

    “The documents on further findings of the executing competent authority, the Economic and Financial Crimes Commission revealed that the money was paid as consultancy fee to the various recipients.

    “The said documents are herein forwarded to you verbatim.

    “Accept please, the assurances of my highest consideration and esteemed regards.”

    A source in NPA said:  “We have referred the case to our Legal Unit for advice on what to do on the firm and the indicted former staff of NPA.

    “We are being careful in seeking legal advice because the contract the company signed was through the Federal Executive Council (FEC).

    “We need to look into all contractual documents to avoid running the country into another crisis. This advice will guide us in determining what to do with the company.

    “As for our former employees, I think about 20, we also need legal advice on whether or not within our own mandate we can take action.

    “So, we are trying to follow due process. This is without prejudice to the investigation by the appropriate regulatory authority.”

    There has been pressure on the government to stop any transaction or contractual obligation with the firm.

    A government source said: “The Presidency has been receiving representation on the need to suspend business or contractual obligation with the firm.

    “This is left to President Muhammadu Buhari and his team to determine.”

    The French company VINCI is one of its main shareholders.

    On June 14, the Managing Director of the agency, Hadiza Bala Usman, told PREMIUMTIMES  that apart from being “deeply embarrassing” to the NPA, the indictment was particularly worrisome.

    She said: “It is a development we are deeply worried about because it relates to the integrity of our agency and process.

    “We are reviewing the indictment and we will call for a full-scale investigation as it relates to companies and individuals in Nigeria said to have been involved. “This corruption revelation is a helpful development.”

  • AGF accuses Magu, EFCC leadership of frustrating Nigeria’s return to Egmont Group

    AGF accuses Magu, EFCC leadership of frustrating Nigeria’s return to Egmont Group

    THE battle of suspicion between Justice Minister and Attorney General of the Federation (AGF) Abubakar Malami (SAN) and Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu blew into open yesterday.

    The AGF came down hard on Magu and the EFCC leadership, alleging in a statement issued in Abuja that Magu and the EFCC leadership had “manipulated and misused intelligence to the detriment of the fight against corruption and financial crime in Nigeria”.

    He accused them of working to prevent the lifting of the country’s suspension by  the global financial intelligence gathering body, Egmont Group of Financial Intelligence Units (Egmont Group), and ensure the country’s formal expulsion.

    The Egmont Group comprises 156 financial intelligence units (FIUs) representing 156 countries.

    It serves as a platform for the exchange of expertise and financial intelligence to combat money laundering and terrorist financing.

    It also functions as the operational arm of the international anti-money laundering and counter financing of terrorism (AML/CFT) apparatus.

    Nigeria, represented in the group by the Nigerian Financial Intelligence Unit (NFIU), was suspended on June 1, 2007 on the grounds that NFIU lacked independence and was subject to the control of the EFCC via the provision of the Section 1(2)(c) of the EFCC Act. The group demanded autonomy for NFIU as a condition for the country’s readmission, failing which it would be expelled.

    Since the nation’s suspension, Malami and Magu have been unable to agree on how to meet the condition set by the Egmont Group for the country’s readmission.

    The AGF, who wants an autonomous NFIU, detached from the EFCC, has sent a Bill to the National Assembly to that effect.

    Magu prefers that the NFIU remain part of the EFCC, but with mere reorganisation of its operations.

    In the statement issued for the AGF by his spokesman, Comrade Salihu Othman Isah, Malami frowned at Magu’s hard stance on the issue and noted that the uncooperative attitude of EFCC’s leadership could encourage the Egmont Group to carry out its threat to expel Nigeria.

    Malami regretted that Magu appeared not to appreciate the implication of Nigeria’s expulsion from the group on the efforts by the Muhammadu Buhari administration to combat corruption, terrorism, money laundering and related vices.

    The AGF, who insisted on ensuring the separation of the NFIU from the EFCC, hailed the Senate for passing the Bill for an independent NFIU and urged the House of Representatives to urgently pass a similar bill pending before it.

    Part of the statement reads: “The EFCC is now in a state of paranoia, as it dreads the effort of the government to have an independent NFIU, which it has stood against stoically since 2006.

    “As it presently stands, the NFIU staff are all deployed by the EFCC to serve in the interest of whoever is its current Chairman. This has to stop if it must conform to the new thinking and global best practice. Nigeria cannot be an island of its own. It cannot fight corruption in isolation.

    “The threat of expulsion from the Egmont Group calls for a thorough review of the NFIU and the manner in which the EFCC leadership has manipulated and misused intelligence to the detriment of the fight against corruption and financial crime in Nigeria.

    “To achieve the desired goal, NFIU needs to stand alone as an agency with full complements of power to recruit its staff and an annual budgetary allocation guaranteed for its operations.

    “Its independence must be ascertained in the new law to set up Nigerian Financial Intelligence Agency (NFIA) to enable it carry out its mandate, which shall include responsibilities for receiving, requesting, analysing and disseminating financial intelligence reports on money laundering, terrorist financing and other relevant information to law enforcement, security and intelligence agencies, and other relevant authorities.

    “As a result of the new occurrences in global circle, it is pertinent that the EFCC cannot continue to be dogmatic on its stand. It can’t shy away from the needful. The current reality is that Nigeria must not remain a pariah in the anti-corruption space. This is very germane at this point…”

  • EFCC, Magu frustrating anti-graft war – Malami

    EFCC, Magu frustrating anti-graft war – Malami

    The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), on Wednesday accused the Economic and Financial Crimes Commission (EFCC) and its Acting Chairman, Ibrahim Magu, of frustrating the Federal Government’s anti-graft war.

    Malami, in a statement issued in Abuja, alleged that Magu and the EFCC leadership have “manipulated and misused intelligence to the detriment of the fight against corruption and financial crimes in Nigeria.”

    He also accused them of working to prevent the lifting of the country’s suspension by the global financial intelligence gathering body – Egmont Group of Financial Intelligence Units (Egmont Group) and ensure the country’s formal expulsion.

    The Egmont Group, currently made up of 156 Financial Intelligence Units (FIUs), representing 156 countries, serves as a platform for exchange of expertise and financial intelligence to combat money laundering and terrorist financing and functions as the operational arm of the international anti-money laundering and counter financing of terrorism (AML/CFT) apparatus.

    Nigeria, represented in the group by the Nigerian Financial Intelligence Unit (NFIU), was suspended on June 1, 2007 because the NFIU lacks independence and was subject to the control of the EFCC via the provision of the Section 1(2)(c) of the EFCC Act.

    The group demanded autonomy for NFIU as a condition for the country’s readmission, failing which it would be expelled.

    Since the nation’s suspension, Malami and Magu have been unable to agree on how to meet the condition set by the Egmont Group for the country’s readmission.

    While the AGF wants the creation of an autonomous NFIU, detached from the EFCC, and has send a Bill to the National Assembly to that effect, Magu wants NFIU to remain part of EFCC, but with mere re-organisation of its operations.

    In the statement issued for the AGF by his spokesman, Comrade Salihu Othman Isah, Malami frowned at Magu’s hard stance on the issue and noted that the uncooperative attitude of EFCC’s leadership could encourage the Egmont Group to carry out its threat to expel the country.

    Malami regretted that Magu appeared not to understand the implication of Nigeria’s expulsion from the group on government’s efforts to combat corruption, terrorism, money laundering and other related vices.

    The AGF, who insisted on ensuring the separation of NFIU from the EFCC, praised the Senate for passing the Bill for an independent NFIU and urged the House of Representatives to urgently pass similar Bill currently pending before it.

    The statement reads: “The EFCC is now in a state of paranoia, as it dreads the effort of the government to have an independent NFIU, which it has stood against stoically since 2006.

    “As it presently stands, the NFIU staff are all deployed by the EFCC to serve in the interest of whoever is its current Chairman. This has to stop if it must conform to the new thinking and global best practice. Nigeria cannot be an island of its own. It cannot fight corruption in isolation.

    “The threat of expulsion from the Egmont Group calls for a thorough review of the NFIU and the manner in which the EFCC leadership has manipulated and misused intelligence to the detriment of the fight against corruption and financial crime in Nigeria.

    “To achieve the desired goal, NFIU needs to stand alone as an agency with full complements of power to recruit its staff and an annual budgetary allocation guaranteed for its operations.

    “Its independence must be ascertained in the new law to set up Nigerian Financial Intelligence Agency (NFIA) to enable it carry out its mandate, which shall include responsibilities for receiving, requesting, analysing and disseminating financial intelligence reports on money laundering, terrorist financing and other relevant information to law enforcement, security and intelligence agencies, and other relevant authorities.”

     

  • Forum accuses EFCC of selective probe

    A pro-Buhari group, Buhari Northern Youth Awareness Forum (BNYAF), yesterday accused the Economic and Financial Crimes Commission (EFCC) of selective investigation.

    The body, which addressed reporters in Kaduna, said the anti-graft commission, in the last two years, beamed its searchlight on perceived corrupt individuals from the North, while those in the South had not been investigated.

    Its Coordinator, Comr. Muhammad Lawal, who was supported by the secretary and other members, said EFCC, as an agency under a President, who is known for his integrity, is not expected to be selective in its investigation, since most of the people under investigation served in the previous administrations, which is not limited to the North.

    He said EFCC had become a mouthpiece of people, mostly from the South, which made it difficult for the agency to investigate and prosecute corrupt people believed to be loyal to them.

    Lawal said: “We wish to congratulate the public and ourselves for the safely and healthy arrival of our father and man of integrity, President Muhammadu Buhari.

    “We have observed with keen interest unfolding events in the country and activities of key government agencies, which are part of the drive of achieving lofty goals of our administration.

    “It’s a fact that Mr. President came to power with integrity and desire to fight corruption. We remember in 2015 when we followed Mr. President to every nook and cranny of the country where we promised fighting corruption, the country’s worst nightmare.

    “Therefore, it is unfortunate to see how some people, whom Mr. President entrusted with fighting corruption, are undermining the change agenda. In particular, we have observed how an institution like EFCC has engaged in selective investigations and prosecution of people, who are perceived to be against the interests of some people.

    “It is known that corruption in the past was universal and perpetrated by people across ethnic, regional and religious divides, but unfortunately what we witness now is that fighting corruption and corrupt people is done against some people in the North, while exonerating perpetrators from the West.”

    He added: “More shocking is that EFCC is muscled by men like Prof. Itse Sagay and lawyers under the guise of human rights activists like Femi Falana and their cohorts. They have constituted themselves into authority in deciding who is corrupt and who is not, thereby unilaterally deciding who EFCC should invite, investigate and/or prosecute without regard to the rule of law or constitutionalism.”

     

  • EFCC recovers N329b from 10 marketers

    EFCC recovers N329b from 10 marketers

    The Economic and Financial Crimes Commission (EFCC) has recovered N329.150billion from 10 marketers from 2016 to date.

    The marketers defaulted in payment for products supplied to them by the Nigerian National Petroleum Corporation (NNPC) through its subsidiary, the Petroleum Products and Marketing Company (PPMC).

    About N20, 604, 109, 123.90 is yet to be recovered.

    The PPMC has written to the EFCC to help recover the funds.

    Following a petition against the marketers, EFCC Acting Chairman Ibrahim Magu raised a special task force to investigate how the marketers incurred the debts of about N349, 818,411,556.37.

    The Task Force, which was managed by the EFCC Zonal office in Kano, recovered the N329.150billion   from 10 marketers.

    After the reconciliation at the weekend, the PPMC gave a status report to the Acting Chairman.

    The report, signed by Umar Ajiya reads in part:  “Further to our previous correspondence to your office in respect of the above subject matter, please note that till date, the debts recovered from major oil marketers include N87, 028, 851, 268.17 and N242, 121, 256,468.03 for legacy and current debts respectively, leaving a balance of N20, 604, 109, 123.90 broken down into N4, 426,439, 240(legacy debts) and N16, 177,669, 883.90(current debts)

    “These amounts have been agreed with the marketers that they shall be deducted and paid from outstanding entitlements or payments due to the marketers from the Federal Ministry of Finance and which will bring to the end the debt recovery effort.

    We wish to express our profound gratitude for the successful collaboration between the EFCC and PPMC/ NNPC which largely resulted in the huge recovery of debt from the marketers from the inception of the recovery exercise in 2016 to date.”

    A source, who spoke in confidence, said if the EFCC had not moved in, some of the marketers would have been foot-dragging on the debts.

    “You can imagine what N349billion can do in the life of a nation. Some of these marketers were supplied products but they did not pay even after selling to customers.

    “The EFCC detectives are still working on the recovery of the over N20billion still outstanding,” he said.

    Earlier, the Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, had given an insight into the breakthrough by EFCC detectives.

    He said:  “Findings by the operatives of the EFCC revealed that the oil marketers were actually indebted to the Federal Government to the tune of N91,519,485,204.44billion between 2010 and 2016.

    ”Further investigation into the allegation also revealed that the oil marketers had continued to obtain petroleum products from the government without proper payment, in violation of the NNPC/PPMC credit facility regulations.

    ”Upon the conclusion of the preliminary investigation, officials of NNPC/PPMC and all the managing directors of the concerned companies which are NNPC retails , Conoil Plc, Total Plc, OVH Energy Plc, Oando Plc, Forte Oil and Gas Plc, Mobil Plc, MRS Oil Plc, and NIPCO Oil Plc were invited to the Kano Zonal Office of the Commission where their statements were recorded following which the recovery process commenced.”

    Shady deals in the oil sector, including the fuel subsidy scandal, were  said to have cost the nation over N1.3 trillion in 2011.

    But the manipulation of subsidy claims caused an uproar nationwide.

    The Presidential Committee on Verification and Reconciliation of Fuel Subsidy Payments had initially  indicted 21 firms for fraudulent claims that cost the nation N382 billion but the list was later increased to 25 by the Federal Ministry of Finance, based on fresh evidence.

    The former Chairman of the Committee, Mr. Aigboje Aig-Imoukhuede, said  of the N422 billion scrutinised, N18 billion was found to be duplication; N21 billion was cleared.

    He also confirmed out of the 116 oil marketing and trading companies (OM&T) invited, 107 honoured the invitation.

    He said: “Of the N422 billion, N18 billion was found to be duplication. So, the actual amount that was being verified is N403 billion. Of this amount, N21 billion was cleared and that leaves N382 billion as the sum in contention for which the committee recommended that the process of recovery should be made,” the report noted