The Nation Newspaper

Tag: EFCC

  • Oil theft: Appeal Court upholds foreigners’ jail sentence

    Oil theft: Appeal Court upholds foreigners’ jail sentence

    The Court of Appeal, Lagos Division, has affirmed the judgment of a Federal High Court, Lagos, which sentenced nine foreigners to five years imprisonment for stealing crude oil from Nigeria.

    The three-man panel, comprising Justices Hussein Mukhtar (presiding), M. L. Shuaib and Frederick Oho, dismissed the twin appeals filed by the convicted persons for lack of merit.

    Justice Oho, who delivered the judgment, resolved all the issues in favour of the Economic and Financial Crimes Commission (EFCC).

    He said: “All the issues are resolved against the appellants. The appeal is manifestly unmeritorious and is hereby dismissed for lacking in merit.”

    The lower court on December 15, 2015 convicted the foreigners – five Filipinos and four Bangladeshi – of stealing 3,423.097 metric tonnes of crude oil.

    Justice Ibrahim Buba, however, gave each of them an option of N20million fine.

    He said it was the likes of the convicts, who were arrested by the Nigerian Navy on March 27, 2015, that give Nigeria a bad name.

    The convicts are – Axel Jabone, Zahirul Islam, Juanito Infantado, Suarin Alave, Gatila Gadayan, Islam Shahinul, Islam Rafiqul, Shaikh Nomany and Rolando Comendador.

    They were tried by the EFCC on four- count charge of illegal dealing in petroleum products.

    EFCC’s lawyer, Rotimi Oyedepo, said the foreigners violated Section 1(19) (6) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004, an offence punishable under Section 17 of the same Act.

    The prosecution said the convicts, caught while trying to export the stolen product on a vessel, MT Asteris, also flouted Section 4 of the Petroleum Act, Cap P10, Laws of the Federation of Nigeria 2004.

    Justice Buba found them guilty on all the charges and sentenced them to five years imprisonment.

    According to the judge, the prosecution proved its case beyond reasonable doubt.

    “The case of the prosecution is as clear as the daylight,” the judge held, adding that EFCC’s case was not controverted.

  • ‘Magu’s rejection more of politics than legal’

    ‘Magu’s rejection more of politics than legal’

    •CJN’s ruling boosts confidence

    The row over the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, assumed a new dimension yesterday, with the Presidency insisting that his nomination does not require the confirmation of the Senate.

    It based its decision on an advisory prepared by judicial and legal experts on Section 171 of the 1999 Constitution.

    The advisory unearthed a ruling of the Supreme Court on the matter where the Chief Justice of the Nigeria (CJN), before his elevation as CJN, had ruled in line with the view of the Presidency on the matter.

    The CJN, Justice Walter Onnoghen, had ruled that the Constitution overrides any provision of an Act /Statute.

    But the Presidency said it will await the judicial review of Section 171 for the final say on Magu.

    The details of the advisory were obtained last night by our correspondent.

    The legal advisory asked the Presidency to await a judicial pronouncement on Section 171.

    The source said: “In fact, the conclusion of the legal advisory on the matter is very clear that a judicial pronouncement preferably by the Supreme Court is what will settle the matter.”

    Some extracts from the legal advisory states: “The divergent positions being held by the Executive and the Legislature on the subject of confirmation …is one that requires timely and ultimate resolution.

    “Such resolution could only be reached through the judicial process…Such interpretation would lay to rest the lingering crises between the two arms.”

    Concerning the issue of the Acting EFCC Chairman, the legal advisory concluded that “the rumblings in the discourse on the confirmation of the EFCC Chairman have more to do with politics than with the law.

    “It is trite that, by the rule of ejusdem generis, any office to which Section 171 or other Sections of the Constitution do not confer on the Senate the power of confirmation of appointment to such office cannot be imported and accorded equal footing as the mentioned offices.”

    The advisory affirmed the powers of the President to appoint in acting capacity into positions such as the EFCC chairmanship.

    It also clarified that “in the recent past, the ministerial nomination of late Prof. Abraham Babalola Borishade (Ekiti State) by President Olusegun Obasanjo was rejected repeatedly by the Senate.”

    “In fact, it would be recalled that this particular nomination was presented four times in 18 months before it was eventually confirmed by the Senate.

    “This position is because of the long established and entrenched principle of law that any legislation that is inconsistent with the provision of the Constitution is null and void and of no effect whatsoever to the extent of such inconsistency. (See the Supreme Court cases of DR. OLUBUKOLA ABUBAKAR SARAKI v. FEDERAL REPUBLIC OF NIGERIA (2016) LPELR-40013 (SC) and CHIEF ISAAC EGBUCHU v. CONTINENTAL MERCHANT BANK PLC & ORS (2016) LPELR-40053 (SC).”

  • EFCC to seize Diezani’s, Aluko’s Dubai mansions

    EFCC to seize Diezani’s, Aluko’s Dubai mansions

    $1.5b oil contract probe widens

    Barely 48 hours after the US Department of Justice released details of how part of the $1.5billion oil production contracts funds were laundered, the Economic and Financial Crimes Commission (EFCC) is set to seize a mansion belonging to one of the suspects, Kola Aluko, in Dubai, United Arab Emirates (UAE).

    Besides, the commission will apply for the forfeiture of two houses belonging to a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, who was implicated by the U.S. authorities as a beneficiary of the laundered cash.

    About five luxury properties have also been traced to a former official of the defunct Oceanic Bank.

    All the properties in question have been identified and documented for forfeiture with the UAE authorities, The Nation learnt yesterday.

    Nigeria signed six agreements with the UAE on January 19, 2016 following a state visit by President Muhammadu Buhari.

    The pact includes Judicial Agreements on Extradition, Transfer of Sentenced Persons, Mutual Legal Assistance on Criminal Matters, and Mutual Legal Assistance on Criminal and Commercial Matters (the recovery and repatriation of stolen wealth).

    Besides, the luxury properties in the United States, the EFCC believes Aluko and Mrs. Alison-Madueke allegedly acquired others with the laundered funds.

    According to a source, who pleaded not to be named because he is not allowed to talk to the media on the matter, all the suspicious assets have been located in the highbrow Jumeirah, which is the most expensive and exclusive area in Dubai.

    But of the eight identified, two apartments linked with Mrs Alison-Madueke are marked as J5 Emirates Hills (30million Dirham) and E146 Emirates Hills valued at 44million Dirham.

    For “security reasons”, the addresses of the mansions of Aluko and the ex-Oceanic Bank official, a woman, have not been disclosed.

    The EFCC plans to release the details later.

    A source in the commission said: “The EFCC still has a valid Mareva Injunction to freeze some foreign accounts and seize some assets linked with Diezani and her business associates in the United Kingdom and some jurisdictions.

    “Some of the offshore financial institutions, where accounts are frozen, include BNP Paribas (Switzerland), LGT Bank (Switzerland), Standard Chartered Bank (London),Barclays Bank (London), Standard Energy (Voduz, Switzerland), HSBC (London), Corner Bank (Lugano, Switzerland) and Deutsche Bank (Geneva).

    “Besides the luxury properties traced to Diezani and Aluko in the US, we have identified more in Dubai.

    “So far, we have commenced the process of ensuring the forfeiture of these assets by the suspects. The EFCC is also verifying the assets linked with Aluko’s business partner, Chief Jide Omokore in Dubai too.

    “All the steps taken so far are in line with the relevant laws in the UAE and the six agreements signed with Nigeria when President Buhari went on an official trip.”

    According to the source, the EFCC believes that “some of the assets were bought with part of the $1.5billion oil production contracts.

    ”These oil barons and their ilk acquired these properties when Dubai was a safe haven for looted funds. But the UAE has strengthened its laws in a manner that there is no more hidden place for the corrupt,” the source said, adding that the only hurdle the EFCC has to cross is the legal process in the UAE to retrieve the assets. “We are already employing the Mutual Legal Assistance Agreement to get this done.” He said.

    The Federal Government has ratified all the agreements with the UAE. This development will hasten asset recovery and retrieval of looted funds.

    “We will do our best to comply with their legal procedure,” the source said.

    “Statutorily, we have succeeded in establishing that the EFCC is empowered to confiscate the affected assets. We are invoking sections 7 of 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004.”

    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.”

  • We are not probing Makarfi, says EFCC

    We are not probing Makarfi, says EFCC

    The Economic and Financial Crimes Commission yesterday said the Chairman of Peoples Democratic Party  (PDP), Senator Ahmed Makarfi  was not under any investigation.

    Reports of alleged investigation of Makarfi by the Commission emanated on social media few hours after the Supreme Court ruled in his favour.

    The report which went viral claimed that the Commission found $42million in Makarfi’s farm hours few hours after the apex court  judgement.

    The Commission while describing the report as false and misleading in a statement in Abuja by Spokesman of the Commission, Wilson Uwujaren also alleged that  peddlers of the information were out to sow seed of discord.

    The statement reads: “The EFFC hereby warns the general public to be wary of the activities of the duo of Innocent  Onyekachi Oritsetimeyin Akpotedja Adjenuhgure and Adeola Sam Opeyemi who have been misleading Nigerians with false information about the activities of the Commission.

    “Barely six hours after the Supreme Court judgment in the case of the Peoples Democratic Party (PDP), where it ruled in favour of the Senator Ahmed Makarfi’s faction, Adjenuhgure posted in his Facebook Timeline that $42 million was found in Sen. Makarfi’s farm by the EFCC “less than 2 hours after the Supreme Court judgment”.

    “While many unsuspecting Nigerians shared the unfounded post, others simply copied and reposted as original which generated myriad of reactions suggestive that the Commission was a tool in the hands of the Executive to further destabilize the PDP.

    The statement further reads: “Following efforts by the Commission to correct the erroneous and misleading information through its social media platforms, some who had no ulterior motive apologized and deleted the post.

    “Sadly, Adjenuhgure and Opeyemi stood their grounds as they insisted that the story was true.

    “We have considered it necessary to set the records straight and to advice social media activists to be wary of Adjenuhgure and Opeymi who are out to sow seed of discord among Nigerians as there is no EFCC investigation on Senator Makarfi”.

  • We are not probing Makarfi – EFCC

    We are not probing Makarfi – EFCC

    The Economic and Financial Crimes Commission on Friday dismissed reports that it was investigating the National Chairman of the Peoples Democratic Party (PDP), Senator Ahmed Makarfi.

    Reports of alleged investigation of Makarfi by the Commission emerged on social media moments after the Supreme Court ruled in his favour on Wednesday.

    The reports claimed that the Commission found $42million in Makarfi’s farm.

    However, the EFCC in a statement issued by its spokesman, Wilson Uwujaren, described the reports as false and misleading.

    He said peddlers of the information were out to sow the seed of discord.

    The statement reads: “The EFFC hereby warns the general public to be wary of the activities of the duo of Innocent  Onyekachi Oritsetimeyin Akpotedja Adjenuhgure and Adeola Sam Opeyemi who have been misleading Nigerians with false information about the activities of the Commission.

    “Barely six hours after the Supreme Court judgment in the case of the Peoples Democratic Party (PDP), where it ruled in favour of the Senator Ahmed Makarfi’s faction, Adjenuhgure posted in his Facebook Timeline that $42 million was found in Sen. Makarfi’s farm by the EFCC ‘less than two hours after the Supreme Court judgment”.

    “While many unsuspecting Nigerians shared the unfounded post, others simply copied and reposted as original which generated myriad of reactions suggestive that the Commission was a tool in the hands of the Executive to further destabilize the PDP.

    “Following efforts by the Commission to correct the erroneous and misleading information through its social media platforms, some who had no ulterior motive apologized and deleted the post.

    “Sadly, Adjenuhgure and Opeyemi stood their grounds as they insisted that the story was true.

    “We have considered it necessary to set the records straight and to advice social media activists to be wary of Adjenuhgure and Opeyemi who are out to sow seed of discord among Nigerians as there is no EFCC investigation on Senator Makarfi.”

     

     

  • EFCC grills 24 suspected oil thieves

    EFCC grills 24 suspected oil thieves

    The Economic and Financial Crimes Commission (EFCC) said on Friday it has commenced investigation into the activities of 24 suspected oil thieves arrested and handed over to it by the Nigerian Navy.

    The Spokesman of the Commission, Mr. Wilson Uwujaren, said in a statement on Friday that the suspects were arrested by the Naval Forward Operating Base in Bonny, Rivers State, in March.

    According to him, the suspects and their operating vessels were seized at different locations and dates on the Nigerian waterways.

    He said the first batch of eight suspects, who were crew members of one of the vessels, MV ROCKFISH, were arrested on board the vessel on Bonny River on March 24.

    He identified them as Christian Nwokoafor (Captain), Solomon Avwenagha (Engineer), Eginwin Felix, Anthony Onyenedum, Bassey Akpan, Ezra Njoku, Moses Jonah and Imah Michael.

    The Flag Officer Commanding (FOC), Eastern Naval Command, Rear Admiral Victor Adedipe, handed them over to the EFCC, the spokesman said.

    He said another batch of seven crew members were nabbed on board MT BLESSED within Bonny Channel on March 31.

    He said the vessel was laden with about one million litres of products suspected to be Automotive Gas Oil (AGO).

    Similarly, he identified the seven suspects as Epiagolo Moscow (Captain), Innocent Omokett, Pius Ehrimu, Prosper Dickson, Akeem Ganiyu, Obinna Udekwe and Michael Ajilaran.

    “A third set of nine crew members – Titus Akinbulejo, Ogunfeyimi Abayomi, Jacob Oweh, Stanley Keme Perdoude, Ifeanyi Uzoka, Agusionu Ifeanyi Teddisson, Nwaoha Vincent Ugochukwu, Olatunji Ebenezer and Idoko Emmanuel Paul onboard MT MONA 1 were arrested on March 20 within Bonny water.

    “They were conveying unspecified quantity of products suspected to be illegally refined AGO.

    “In all, 24 suspects and three vessels laden with products were handed over to the EFCC,” Uwujaren said.

  • EFCC arraigns former Enugu CJ for ‘corruption’

    EFCC arraigns former Enugu CJ for ‘corruption’

    The Economic and Financial Crime Commission (EFCC) on Friday arraigned a former Enugu State Chief Judge, Justice Innocent Umezuluike, before a State High Court in Enugu for alleged corruption.

    Umezuluike appeared before Justice Anthony Onovo on a one count charge of using his office to confer corrupt and unfair advantage.

    He is accused of receiving N10 million as donation from wealthy businessman, Arthur Eze, in February 2014, at a time Eze was a litigant in a pending and concluded civil matter before the former chief judge.

    Eze, Chief Executive Officer of Oranto Petroleum Limited, according to the EFCC, made the donation at the launch of Umezuluike’s book “ABC of Contemporary Land Law in Nigeria.”

    The anti-graft agency said the money was drawn from the account of Oranto Petroleum Limited and paid into Umezuluike’s Zenith Bank Account.

    The counsel to the EFCC, Wahab Shittu, told the court that the action is contrary to Section 19 of the Independent and Corrupt Practices and Other Related (offence) Act (Laws of the Federation) 2000.

    The former Chief Judge, however, pleaded not guilty to the charge.

    However, Umezuluike’s lawyer, Agu Gab-Agu, asked the court to grant him bail on self recognizance and address him as “Honourable Justice.”

    He argued that the former chief judge was granted bail on self recognizance in a similar matter pending before the Federal High Court in Port Harcourt.

    Shittu did not object to the bail request, but pleaded with the court for accelerated hearing of the case.

    Justice Onovo granted the former chief judge bail in the sum of N1 million and ordered that he be addressed as Justice Umezuluike during the trial.

    The Judge adjourned the case till October 26-27, and November 2-3, for definite hearing.

     

  • Alleged fraud: Ex- OAU vice chancellor granted bail

    Alleged fraud: Ex- OAU vice chancellor granted bail

    An Osun State High Court sitting in Osogbo, on Friday granted bail to the immediate past Vice-Chancellor of Obafemi Awolowo University (OAU) Ile-Ife, Prof. Anthony Elujoba, and the former bursar, Ronke Akeredolu.

    The accused persons are facing a seven-count charge of fraud, conspiracy and abuse of office.

    They had been remanded in the Economic and Financial Crimes Commission (EFCC) custody.

    The judge, David Oladimeji, granted Prof. Elujoba bail on self recognizance while Akeredolu, was granted a N50 million-bail and two sureties in like sum.

    He said the sureties must be academic and high-ranking officers within the institution.

    The judge, however, condemned the attitude of the staff and students of the institution in Ede on July 11, where the case was first heard.

    That day, irate students and workers of the institution staged a protest and compelled the judge to reverse an order sending the former vice chancellor to prison.

    They insisted he be remanded in EFCC custody, a demand the judge later complied with.

    Justice Oladimeji said such attitude could prevent the court from granting bail to the accused, noting that the bail was granted in the interest of justice.

    The accused persons were arrested on July 5.

    The EFCC counsel, Festus Ojo, had told the court that the accused committed the offences while serving as the institution’s vice-chancellor and the bursar respectively.

    The accused, however, pleaded not guilty to the charges, while the judge adjourned the case till October 27 for hearing.

  • Alleged fraud: Ex-Jigawa governor Turaki granted bail

    Alleged fraud: Ex-Jigawa governor Turaki granted bail

    The vacation judge at the High Court of the Federal Capital territory (FCT), Maitama, Abuja, Justice Yusuf Halilu, on Thursday granted bail to former Jigawa State Governor, Ibrahim Saminu Turaki.

    Turaki was arrested by the Economic and Financial Crimes Commission (EFCC) in Abuja on July 4.

    According to the EFCC, Turaki, whose 32-count charge of fraud was pending before the Federal High Court in Jigawa State, jumped bail about six years ago, but was rearrested at a function in Abuja through intelligent sources.

    Justice Halilu ruled on a bail application filed by Turaki after taking arguments from his lawyer, Olukayode Jolaawu and Mohammed Abubakar for the EFCC.

    Although the judge frowned at Turaki’s conduct of jumping bail, he said the constitution allows bail for a person suspected to have committed an offence, but presumed innocent until his/her guilt was established.

    Justice Halilu said: “Section 35 of the Constitution of the Federal Republic of Nigeria, as altered, presumed an accused person, suspected to have committed an offence, innocent until his guilt is established before a court of law.

    “The arrest and detention of the applicant, I must observe, was pursuant to my brother’s order of the Federal High Court, which was made after the applicant (Turaki) refused to show up at the Federal High Court, Jigawa, to stand trial.

    “Permit me to observe that laws must be respected, and obediently so. The question I ask now is, why has the applicant chosen to come and drink from the pot of equity in this court? Was it not the same court he refused to attend?

    “Counsel representing people charged for commission of offences must learn to frown at the conduct of such people, if not, it will spell doom and a very huge danger to our dear country, Nigeria. It is our country and the laws are meant to regulate our conduct.

    “If morality cannot be regulated, then behaviour can be regulated.  The law may not change the heart, but it can regulate the heartless. Bail is fundamental with human rights. It usually shall be granted on terms.”

    He granted bail to Turaki and ordered him to deposit all his travel documents with the court registrar.

    The judge said the ex-governor must provide two sureties, who must be responsible residents of the FCT, with verifiable means of livelihood.

  • EFCC arraigns INEC staff over 2015 poll bribery scandal

    EFCC arraigns INEC staff over 2015 poll bribery scandal

    The Economic and Financial Crimes Commission (EFCC) on Thursday arraigned the Administrative Secretary of the Independent National Electoral Commission (INEC) in Gombe State, Tarkumbur G. Gregory and two retired staff of the electoral body, Yunusa Ali Biri and Bunu Mulima.

    The accused persons are facing trial before Justice Abubakar Jauro of the Gombe State High Court on three-count charge bordering on alleged receipt of gratification to the tune of N138 million to influence the outcome of the 2015 presidential elections.

    According to a statement issued by EFCC’s Head of Media and Publicity, Mr. Wilson Uwujaren, the  “offence was committed between March and May, 2015, in contravention of Section 9 (1) (2) of the Corrupt Practices and Other Related Offences Act, 2000.

    The statement said: “The defendants pleaded not guilty to all the charges read to them. In view of their plea, the prosecution counsel Abubakar Aliyu urged the court to fix a date for trial.

    “While adjourning the case to 1st and 2nd November, 2017 for hearing, Justice Jauro admitted the accused persons to bail on the terms of the administrative bail earlier granted them by the Commission.”

    INEC had announced some disciplinary measures following an expanded meeting of its Appointment, Promotion and Disciplinary Committee on the EFCC Interim Report on Bribery, Corruption and Money Laundering charges during the 2015 general elections.

    It said that out of N23billion poll bribery cash,  N3,046,829, 000 was traced to some of its staff involved in the 2015 general elections.

    The commission also referred a National Commissioner and five Resident Electoral Commissioners (RECs), who were implicated in the bribery scandal, to the presidency for disciplinary action.

    INEC said it has suspended 205 officials pending the final determination of cases they have with the EFCC.

    But following insufficient information, 70 other staff had been referred back to EFCC for further investigation.

    Also, additional 80 serving officials of the Commission, who were not named in the EFCC report but whose names came up in the course of the investigation, were also queried and interviewed.