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Lawmaker threatens to take contractor to EFCC

A member of the House of Representatives representing Aba North/Aba South, Ossy Prestige has threatened to take the contractor handling a road construction project in his constituency to the Economic and Financial Crimes Commission (EFCC) if he fails to work according to specifications.

Speaking to newsmen, the lawmaker said his constituents were complaining about the contractor’s shoddy job. Prestige, who inspired the reconstruction of Garden Avenue off Okigwe Road, said the contractor Emmanuel Eme of Eme Technical Construction Company, said the job must be done according to specifications.

He said, “I know how much that road was awarded to the contractor and if he fails to work according specifications, I will not spare him; I will personally petition him to the EFCC, so, he should not try to do anything funny”.

Prestige said his constituents suffered immensely over the years as a result of bad roads and stated that he would not take it kindly if any contractor fails to execute it to the satisfaction of the people.

A resident of the area, Chief Godswill Uche Nwanoruo said they were not satisfied with what the contractor was doing which was why they raised the alarm and spoke to Hon Prestige.

“This Garden Avenue is a busy road; to me, in present-day technology; you cannot be laying asphalt directly on red mud. I complained to the contractor and also complained to the engineer who said he is a supervising engineer from Anambra/Imo River Basin and they said there will be no problem and that they are using the best technology.

“I said no, because I know the type of construction job that is being done in Abia State today especially in Aba. Look at what Setraco is doing, if you go to Onwuka Nails Road and see what the contractor from NDDC is doing, you will know this one is not getting it right, that he is doing a shoddy job”, Nwanoruo lamented.

He insisted that the contractor must do the right thing and that if he fails, they will support their representative in the House of Reps to pursue the matter to its logical conclusion and ensure the right thing was done.

June 2, 2017
How strong is EFCC’s prosecuting arm?

After losing strings of high-profile cases bothering on corruption, the Federal Government is banking on appeal to keep the cases alive. But several factors are responsible for the losses. JOSEPH JIBUEZE examines the losses and writes that there must be thorough investigation, diligent prosecution and committed judiciary for Nigeria to win the anti-corruption war.

The war against corruption has had mixed results. The leading anti-graft agency – the Economic and Financial Crimes Commission (EFCC) – has recorded some successes with the recovery of looted assets. It has also lost some cases in recent times.

Several factors are responsible for the loss of the cases, among which is the lack of water-tight evidence arising from poor investigations.

Experts have blamed the trend on lack of thorough investigation, diligent prosecution and committed judiciary as primary reasons for the loss of some of the cases.

Activist-lawyer Mr. Femi Falana (SAN), believes some of the cases were lost due to official negligence and lack of inter-agency cooperation.

To him, if the anti-graft and security agencies collaborated well, they would help one another with the needed evidence to successfully prosecute cases.

“Having reviewed the circumstances under which the corruption cases were lost by the Federal Government, I can say, without any fear of contradiction, that there is no basis for blaming the judiciary. It is also not a case of corruption fighting back.

“As far as I am concerned, the cases were lost due to official negligence and lack of inter-agency cooperation by the Federal Ministry of Justice, the anti-graft agencies and the Department of State Servicea (DSS)” , Falana said.

One of the major high profile cases that the government lost recently is that involving Justice Adeniyi Ademola of the Federal High Court, his wife Olubowale and a Senior Advocate of Nigeria (SAN), Mr. Joe Agi.

On April 5, a High Court of the Federal Capital Territory in Maitama, Abuja, dismissed all the 18 counts brought against them, including gratification charges.

Justice Jude Okeke discharged and acquitted the three defendants in a ruling, upholding their no-case submissions.

The prosecution had accused Justice Ademola of receiving, through his wife, gratification running into N30 million from Agi in April 2015.

Justice Ademola also allegedly received through his son, Ademide, a BMW car with a market value of N8.5 million from Agi in January 2015.

Justice Okeke held that the prosecution failed to make out a prima facie case against the defendants, in spite of calling 19 witnesses and tendering a load of exhibits marked A to ZZZ.

Worried by the increasing loss of anti-graft cases, a civil society coalition, One Voice, said besides inter-agency rivalry, deficiencies in prosecution was contributory a factor.

One Voice is a coalition of civil rights organisations, including the Human Rights Law Service (HURILAWS), the Socio-Economic Rights and Accountability Project (SERAP), the Centre for Constitutional Governance (CCG), the Access to Justice (A2J), the Independent Advocacy Project (IAP), the Network on Police Reform in Nigeria (NOPRIN), among others.

One Voice, through IAP’s Director, Pastor Adedeji Adeleye, said the coalition was worried by the discrepancy in what criminal suspects pay defence lawyers and what the government pays prosecutors.

It called for a review of fees paid external counsel who prosecute corruption cases.

The group said the government may lose more corruption cases if lawyers representing its interest government are not well trained, motivated and remunerated.

One Voice urged the EFCC to desist from “media trial”, but to strengthen its capacity and conduct more thorough investigation so as to have water-tight evidence that can nail suspects in court.

Is EFCC’s prosecution capacity overstretched?

The EFCC’s prosecution department appears to be overstretched. Nearly all high-profile cases being handled by the commission in Lagos courts are prosecuted by an in-house counsel, Mr. Rotimi Iseoluwa Oyedepo.

Analysts believe corruption cases will be determined more quickly where prosecutors limit themselves to a few cases and handle them efficiently.

To them, EFCC needs more strong hands to support Oyedepo, who many believe is “overworked”.

Sometimes some high-profile cases have been stalled due to Oyedepo’s inability to handle all them due to other commitments.

On March 30, Oyedepo’s absence stalled the trial of a Federal High Court judge, Justice Rita Ofili-Ajumogobia and a Senior Advocate of Nigeria (SAN), Godwin Obla, at the Lagos High Court, Ikeja.

Oyedepo was said to be simultaneously handling another case at the Court of Appeal, Lagos Division.

Obla’s counsel, Ifedayo Adedipe (SAN), expressed disappointment at the absence of the EFCC prosecutor, noting that Oyedepo failed to serve the defence with any letter explaining his absence.

“My Lord, we came here this morning to be confronted with a letter from the prosecution, stating that he could not be present in court because he is presently handling a case at the Court of Appeal. I am surprised that the prosecution did not deem it fit to serve the defense with a copy of the letter”, Adedipe said.

On May 10, Oyedepo’s absence stalled the trial of former Senior Special Assistant to ex-President Gooluck Jonathan on Domestic Affairs Waripamo-Owei Dudafa and others.

Oyedepo had written a letter seeking for an adjournment. The letter stated that the prosecutor was on a national assignment outside the court’s jurisdiction.

Dudafa’s counsel, Mr. Gboyega Oyewole, said it was an “unfortunate situation” for the defendants.

Another defence counsel, Mr. Ige Asemudara, said he was surprised that the prosecutor would not be in court because of a “national assignment” which was not well explained.

On May 16, the trial of Chief Rickey Tarfa, SAN, was stalled due to Oyedepo’s absence.

Tarfa is standing trial on a 27-count charge of, among others, age falsification and offering of gratification to a public officer, pressed against him by the anti-graft agency.

Defence counsel Abiodun Owonikoko (SAN), said: “I am taken aback by the prosecution’s absence. No letter was given to the defence to explain their absence.

“I can confirm that yesterday, I was in court with Mr Oyedepo for another matter and there was nothing to indicate that he would not be in court. Since that time, I have been to Kaduna and back. It is not fair on the defendant.”

Other high profile cases being handled by Oyedepo are those of former President Goodluck Jonathan’s wife, Dame Patience, former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General, Dr. Patrick Akpobolokemi and former Nigerian Airspace Management Agency (NAMA) Managing Director/Chief Executive Ibrahim Abdulsalam.

Others are: former Chief of Air Staff (CAS), Air Marshal Adesola Amosu (rtd), Permanent Secretary in the Ministry of Labour & Productivity, Dr. Illoh Clement, Independent National Electoral Electoral Commission (INEC) staff Christian Nwosu and Tijani Bashir, among others.

Need for diligent prosecution

Presidential Advisory Committee against Corruption (PACAC) chairman Prof Itse Sagay (SAN) said the body has designed guidelines for prosecutors.

He said: “PACAC has produced a manual on prosecution. It essentially recommends teams for prosecution rather than individuals.

“When a case arises for investigation, there is an investigator who looks for evidence. He works with lawyers and experts who will guide him on what constitutes the evidence required to prove the offence. The team of five or six meets to determine if there is sufficient evidence to go court.

“The idea is to do team work, conduct comprehensive and exhaustive investigation to establish a strong case in order to achieve efficient prosecution and speedy adjudication”, Sagay said.

Lawyers have called for the strengthening of the prosecuting arms of anti-graft agencies if the war against corruption must be won.

A SAN, Dr. Wale Babalakin, said prosecutors can only win well-investigated cases.

He said: “Prosecution of criminal cases should only take place after a very thorough investigation and review of the evidence by very seasoned legal practitioners. Poor prosecution of cases has considerable negative effect on the legal system.

“It gives an impression that there is an undisclosed agenda in the institution of criminal cases. It does not appear that the focus is to achieve conviction in accordance with law.

“The idea that the prosecution would seek to adjourn the trial of criminal cases because it requires more time to adduce or compile evidence must be very strange to those who are familiar with the operation of the common law in prosecution of criminal cases.”

A former United Nations (UN) International Criminal prosecutor, Charles Adeogun-Phillips, reiterated the fact that proper investigation and commitment are key to winning cases.

“As a prosecutor, you must always remember that your case is only as good as your evidence. And you need proper investigations in order to generate sound evidence capable of assisting you in discharging the burden of proof which, only you, as a prosecutor, must carry.

“As a prosecutor or an investigator, you must also understand that you cannot build cases based on or around your emotions, suspicion or even intuition that a crime has been committed. You build criminal cases based on evidence and sound evidence at that.

“As a prosecutor you are not allowed to shift the burden of proof on the defendant to show why he or she is not guilty of the crime you have charged. The defendant has no burden to discharge,” he said.

Adeogun-Phillips urged the government to equip the anti-graft agencies and provide them with the wherewithal.

He said: “I am appalled at the conditions in which some of my colleagues in law enforcement agencies work. They have little or no facilities to carry out their functions.

“There are no proper interview rooms, talk less of the ability for the investigators to obtain a contemporaneous record of what is being said at the interview, either by way of audio or video recording.

“All you have are these confessional statements which are obtained in the most cohesive of circumstances. That is extremely dangerous when you are confronted with a defence counsel who is experienced at dealing with evidential issues.

“And that is chiefly why these cases fail and not because prosecutors or investigators have been compromised as is being widely and unfairly speculated.

“They are way too open to challenges by the defence and I will know, after all I have acted on both sides of the divide – prosecution and defence. The time has come when there must be at least audio recording of interviews. Of course, video recordings would be better.”

On what is expected of prosecutors, he said: “The prosecutor should lead the investigator and not the other way round. What you currently find is that the investigators work in isolation and then dump the case file on the prosecutor when they are done and expect him or her to proceed to trial.

“To achieve water-tight cases, you need a prosecutor, who is aware of what he needs to prove at trial to direct you the investigator. This way you are able to provide him with the evidence he or she needs to discharge the burden of proving the case – a burden which can never be shifted on to the defendant to prove his or her innocence, as is often the case here.”

A professor of law, Prof Yemi Akinseye-George (SAN), urged the government to adequately fund anti-graft agencies well.

“In the justice system, the output very much depends on the input. You cannot be putting in pittance in support of your prosecutorial agencies and expect that you get the desired result. The prosecutors are doing their best within the available resources but there is limit to what they can do.

“They need support and they need to be able to protect their witnesses. So, government needs to rethink their attitude towards resourcing the anti-corruption agencies.

“And it is in the interest of government to do this because if you put in more resources in the anti-corruption agencies, you will be able to recover more of the looted funds.

“It is not just about throwing money there, it is also about organising the prosecutors, providing technical support for them, monitoring what they are doing and generally strengthening their capacity.”

May 31, 2017
Jonathan’s cousin challenges EFCC powers to remand suspects

Former President Goodluck Jonathan’s cousin, Azibaola Robert, on Tuesday asked the Federal High Court in Lagos to declare that the Economic and Financial Crimes Commission (EFCC) has no power to remand suspects under sections 293 and 294 of the Administration of Criminal Justice Act (ACJA) 2015.

Robert, a lawyer and environmental activist, filed the suit following his arrest and detention by the commission last April.

He has since been arraigned and granted bail by a Federal High Court in Abuja.

Robert was accused of receiving $40 million in September 2014 from the former National Security Adviser, Col Sambo Dasuki (retd), for supplying “tactical communication kits.”

EFCC said the ex- President’s cousin received another N650 million from Dasuki on December 8, 2014.

Robert had sued the EFCC, Attorney-General of the Federation and the Federal Government over his detention.

His lawyer, Ebun-Olu Adegboruwa, who filed the suit in Lagos, on Tuesday, said he was ready to move his client’s originating summons.

Justice Mojosola Olatoregun, however, asked him to return on another date for the hearing.

The plaintiff is praying the court to hold that sections 293 and 294 of the ACJA 2015, which the EFCC relied on to secure remand orders from magistrate courts, were inapplicable in his case.

He said the sections were for capital offences such as murder, armed robbery, kidnapping or treasonable felony for which a legal advice from the Attorney-General is required before a charge is filed.

Robert said the sections do not apply to financial crimes.

He is also praying the court to hold that EFCC’s alleged attempt to force him to implicate Jonathan was contrary to section 7 of the ACJA, which he said has outlawed the practice of arresting a citizen in lieu of another.

May 30, 2017
A fortune and its claimants

The $43 million in mint-fresh $100 bills the EFCC found warehoused in an unoccupied luxury apartment in the opulent Osborne Towers in Ikoyi, Lagos, is without question the greatest fortune any person or institution ever chanced upon since Shell Darcy struck oil in Nigeria in Oloibiri, in present-day Bayelsa State, in 1956.

Shell Darcy at least set out deliberately to find the black gold. It carried out seismic explorations, invested heavily in men and machinery, and set up a technical and administrative bureaucracy to manage and market the oil.

No such exertion was required to locate the Osborne Fortune. It just sat there piled up layer upon layer in a fireproof steel cabinet, and would have stayed in that condition if an ungrateful guard had not ratted on the mysterious woman who showed up at regular intervals lugging a Ghana-Must-Go sack.

Looking very much like the domestic help, the woman would ride the elevator to the 7th floor, step across the landing to Flat 7B, unlock the armoured door and go in. Some two hours later, mysterious errand concluded, she would emerge from the apartment, ride the elevator to the ground floor and walk out of the premises in unhurried steps, only to repeat the visitation the following week.

The guard, whom she often gave large tips, had learned that there was money in whistle-blowing. So, he bought himself a state-of-the-art-whistle that can be heard all the way to Abuja, and took a crash course in blowing it.

The EFCC swooped on Flat 7B at the Osborne Towers and the Nigerian public sphere has not been the same since then.

Early reports claimed that the haul was part of the “security” money former President Goodluck Jonathan had squirrelled away for fighting the 2015 presidential election that he lost gallantly.   He had been so crushed by the loss, they said, that he forgot the money.

Even if he remembered, how could he now come forward to claim the money, especially when his wife, the formerly excellent Dame Patience, was fighting desperately to re-possess some N54 million in bank deposits that the courts had ordered forfeited on the suspicion that it was the fruit of crime?

Plus, would it not have done grave and irreparable harm to Dr Jonathan’s goal of reclaiming the Presidency in 2019 as the stragglers in what remains of the PDP have been urging him to do.

Those who expected his consort, the formerly excellent lady aforementioned, to weigh in with an affidavit that the money at issue was her birthday gift to him when he turned 59 last November must have been disappointed.   Give it to The Dame: she knows that there are only so many fronts on which even a person of her appetite can fight.

Not so the heedlessly combative Nyesom Wike, governor of Rivers State.

Without a shadow of doubt, he asserted without fear and without research, the haul, which he had framed as loot pure and simple, belonged to the Rivers State Government, being proceeds of assets his predecessor and current Minister of Transport, Rotimi Amaechi, had “fraudulently” sold off.

The logical thing, Wike said, was for the EFCC to arrange to transfer the money to his administration. Pro-active as ever, he set up a high-powered committee comprising Leaders of Thought and Action from all the 23 local government areas of the state, with the state’s deputy governor as coordinator.

Its mission: to take the delivery of the fortune at Port Harcourt Airport, where it would be ferried by a special cargo plane escorted by a squadron of the latest fighter jets from the Nigeria Air Force fleet.

The team will then march in a carnival procession to Government House to present the precious cargo to His Excellency the Governor who, on satisfying himself that it was delivered intact, will proceed, under armed escort, to deposit it in one of the more viable banks, after personally signing the relevant papers and negotiating the most favourable rate of interest.

To confound the usual tale-bearers, the transactions would be videotaped in their entirety.

Wike’s plan was already at full throttle when the Director-General of the National Intelligence Agency (NIA), Ambassador Ayodele Oke, a spook whom few outside the community of spooks had ever heard of, claimed that the money belongs to the NIA.

It has since come to light that the fund was duly appropriated by the Federal Government at the time of Dr Jonathan for projects that cannot be named, that Oke had periodically reported on those projects to the complete satisfaction of the authorities, among them National Security Adviser Babagana Monguno, and by extension President Muhammadu Buhari.

But why a luxury flat in Osborne Towers in Lagos, far removed from the NIA’s headquarters in Abuja? The NIA has no special vault or faux septic tank or overhead water tank or an even more imaginative receptacle where it can secret away ultra-sensitive material and monitor it 24/7 electronically?

The NIA is so bereft of confidence in its own methods and personnel that it cannot find a safe place for its operating funds?

On hearing the DIA’s claim, Wike, I gather, let loose a torrent of expletives that I cannot reproduce here, lest I offend the sensibilities of the discriminating readers of this newspaper.

This past Saturday, he told Channels Television that a team of lawyers was already working to ensure the return of the loot to Rivers State.

“We will follow due process of the law to get back Rivers Stationery found at the Ikoyi residence. This money belongs to the Rivers State people. We have conducted our checks.

“We will stun Nigeria with this matter. We will come out with our evidence at the appropriate time.”

Rivers would not fully reveal its strategy to recover the looted funds because of the games being played by the All Progressives Congress-led federal government, which had chosen to politicise the matter because it has a great deal to hide, Wike added.

The audience gasped in disbelief.

Wike who is famous for resorting to justice by self-help at the least provocation and sometimes without any provocation at all; the same Wike has decided to follow the due process of law?

The old Wike would simply have led his armed stalwarts to the place where the money is being kept, forced his way inside, and carted it away

The old Wike would have reasoned that the judiciary had not been cowed to the point that it would abjure the cardinal teaching of ancient and modern jurisprudence, namely, that possession is nine-tenths of the law.

The new, improved Wike will be guided by the rule of law.

His conversion must be counted, nay celebrated, as one of the more important gains of Nigeria’s ongoing experiment in democratic rule.

Omissions, misstatements, and reiterations

In the first part of “My Lagos story” (May 16, 2017), I omitted Ikorodu from the conurbations incorporated into Lagos State at its creation in 1967. In the second part (May 23, 2017), I misstated the date of the 2nd World Black and African Festival of Arts as 1978 – it was 1977.

Nigeria defeated Guinea, not Ghana, to clinch the Soccer Gold at the 2nd All Africa Games.

I reiterate, however, that the first goal on the pitch of the brand-new National Stadium was scored by Yakubu Mabo, a striker for Stationery Stores FC of Lagos, not Ismaila Mabo, the captain and doughty defender for the Mighty Jets FC of Jos, and one of the most durable    soccer figures of that era.

May 30, 2017
Saraki, Dogara renew hostility against anti-graft batlle

Nigerians are angry with Senate President Bukola Saraki and the Speaker of the House of Representatives, Yakubu Hon. Dogara, for mocking the anti-corruption crusade of President Muhammadu Buhari. Observers believe their disposition development has called to question the loyalty of the leaders of the National Assembly to the ruling All Progressives Congress (APC), which they belong. Assistant Editor LEKE SALAUDEEN reports.

The cold war between the executive and the legislature is far from being over. At a recent book launch in Abuja, the leaders of the National Assembly took a swipe on the Federal Government’s anti-corruption fight. Senate President Bukola Saraki claimed that the anti-graft war was sensational and selective while the Speaker of the House of Representatives, Hon. Yakubu Dogara, insisted the war was only dealing with the symptoms of corruption.

Analysts could not understand why the leadership of the National Assembly chose to castigate the executive in public. They noted that this is the first time in the history of democratic governance where both arms of government controlled by a party would disagree openly on a policy that is contained in the party’s manifesto.

They described the attack on the policy as the climax of party indiscipline and disloyalty, since both of them were elected on the platform of the APC. The questions being asked are: What moral justification do they have to subject the party’s programme to public ridicule? Assuming they are not satisfied with the method deployed by the executive to fight corruption, can’t they use party’s internal communication lines to express their reservations and make suggestions?

Prior to this development, both chambers had held the executive into ransom for what they described as the failure to implement parliamentary resolutions. As a result, the legislators had refused to consider proposals from the executive. The face-off took its toll on governance; it slowed down the decision-making process and also heightened political tension. For instance, the list of Resident Electoral Commissioners (REC) and ministerial nominees forwarded to the Senate were kept in abeyance. Why should the National Assembly dominated by the APC members be playing the role of the opposition? Can’t they resolve their differences at party caucus level, rather than working at cross-purposes?

Afenifere chieftain Senator Ayo Fasanmi said the comments of both leaders were very unfortunate. He said they are trying to recant the statement to safe face. To the elder statesman, no amount of denial would absolve them from anti-party activities; it is on record that they branded President Muhammadu Buhari’s fight against corruption a ruse.

Fasanmi said anyone saying Buhari’s anti-graft war is not on course needed to re-examine himself, considering the huge success recorded in recovering the public fund looted by the Peoples Democratic Party members (PDP) and their collaborators in the civil service.

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He said: “President Buhari should not be distracted by the antics of forces of corruption. He should get along; he should not be discouraged. Fighting corruption in Nigeria is a difficult task that must be done if we don’t want corruption to kill this country.

I made bold to say that Buhari is on course; the forces of corruption will capitulate whether they like it or not. The progressive forces which Buhari personify will overwhelm the forces of corruption in this country. If not for Buhari, only God knows what would have become of Nigeria if we had continued in the era of stealing-is-no-corruption.

Public Affairs analyst Dr Friday Ibok described the APC as a ruling party that is not in power in the legislature. He said the power was eroded by personal interests. He said: “You should remember how Saraki and Dogara emerged as leaders of both chambers. They were not the ruling party’s candidates; they defied the party’s instruction and with the support of members of the PDP, they sailed through. How would you expect them to respect party supremacy?

“The APC got it wrong from day one when Saraki and Dogara defied the party instruction and there was no sanction against them. That is why they talk any how; criticise the party’s policies in the public with impunity. Such will never happen in a disciplined party. There is what we call collective responsibility. You can disagree within the party, but not without. If they are not satisfied with Buhari’s style of fighting corruption they should write him a memo, detail their observations and suggestions on how to improve on the anti-graft war.

“To me, Saraki and Dogara have exhibited political immaturity and indiscipline by criticising the party’s programme openly. The support of the PDP members for the Senate President and the Speaker of the House, who are APC members against the position of the APC government is not just because the PDP lawmakers voted for them, but it is part of the script written before they agreed to join forces with some APC lawmakers to weaken the avowed crusade against corruption and win back power in 2019.”

On what should be done to restore normalcy within the party, Ibok warned against what he described as the personalisation of the problems of the party and advised the leaders of the APC to handle the anti-party activities of Saraki and Dogara with extra care so that it will not destabilise the party.

A lawyer and civil right activist, Mr Monday Ubani, said he was not surprised that the leaders of National Assembly are mocking Buhari’s anti-corruption fight, because they have never supported the president in his effort to expose the corrupt politicians.

Ubani cited the treatment of the Acting Chairman of the Economic and Financial Crime Commission (EFCC), Mr Ibrahim Magu, when he appeared before the Senate for confirmation and the non-passage of bills sent to the National Assembly by the executive that would have enhanced the fight against corruption. He said some of them have been lying there for more than a year without consideration by the federal lawmakers.

He added: “Nigerians are in support of the anti-graft war of President Muhammadu Buhari’s government. Corruption has retarded the development of this country; the enemies of progress are saying no; they won’t succeed. Now that Buhari is out there for medical attention, they are beating their chest that the fight against corruption would not succeed. Many of them are praying that Buhari should not come back alive. We are praying for him to get over his health problems and return home to continue his good work.”

However, Ubani wants the anti-corruption war extended to all sectors. He said: “It should not be restricted to politicians alone. The police still collects bribe openly from motorists on the road; the immigration and customs officials still demand for bribe at the points of entry and departure; to obtain national passport the immigration officers collect gratification; the Road Safety corps members still get kick-backs from those who apply for driver’s licence.” He said the anti-corruption fight should look in the direction of the civil servants who are enmeshed in corrupt practices.

Ubani added: “We should build a system that will sustain the fight against corruption like it is being done in advanced democracies. We should involve people in the fight and that is why I like the whistle-blowing policy of this administration. Since it was introduced, the EFFC has made many discoveries and recoveries of looted funds. The policy is working, because people are carried along by the government in its anti-corruption crusade.”

A banker, Usman Abubakar, agreed with Ubani that the legislature is not on the same page with the executive on the fight against corruption. He said the reason being that some of the members of the Senate were former governors with baggage. They will resist any attempt to wage war against corruption, he emphasised.

Abubakar said they kicked against Magu because he would not spare anyone in the course of investigating corrupt officials, no matter their status. He added: “He was treated shabbily when he appeared for confirmation; he was not allowed to defend himself against the report of the Directorate of State Service (DSS) that alleged him of corrupt practices.”

He said Nigerians should not be surprised that Saraki and Dogara are mocking the anti-corruption crusade, because both of them emerged as leaders of both chambers in a questionable manner. He said they were not the party’s nominees.

Abubakar said: “Only God knows how much they used to bribe the PDP legislators to clinch the leadership positions. We should blame President Buhari for the leadership problem in the National Assembly. If he had shown interest and come out to support the APC nominees for Senate President and the House Speaker, we won’t find ourselves in this terrible situation whereby members of the ruling party have constituted themselves into opposition; thereby undermining the efforts of the executive. The APC senators perform the role of opposition to the delight of PDP members.

“To me, the Eighth National Assembly is the worst in the history of democratic governance in this country. The Senate President, Saraki is facing a criminal charge before the Code of Conduct Tribunal (CCT) over false declaration of asset. He goes from the hallowed Chamber of the Senate to face trial and return to the Senate to preside over the proceedings. Saraki has desecrated that office. In other climes, when people holding public office are alleged of crime and charged to court, they will step aside till the trial is over and the judgment delivered.

“What I find intriguing is that Saraki has the gut to be telling Buhari how to fight corruption. He should be told that this is not the first time Buhari is fighting corruption in this country. When he was a military ruler between December 1983 and August 1984, Buhari clamped down on corrupt politicians of the Second Republic and purged them of the stolen public funds and assets. If we were under military rule, the likes of Saraki would have known his fate by now.”

Civil rights activist Mashood Erubami described Saraki and Dogara’s negative comments as a product of the opposition forces, which the fight is actually targeted.

He said the criticisms were coming from those who are being tried for the offences of corruption, but are being slowly tried due to the connivance of the bar and the bench. He said the case are not being speedily disposed. He said they should have been banned from politics and clamped into jail, to serve as a deterrent to others.

Erubami said the notion that the current anti-corruption crusade has failed because no suspect had been convicted is not true, because of open conspiracy between certain institutions of government that are determined to frustrate APC/Buhari focussed anti-corruption fight. That explains why despite the criminal justice adjudication system, cases are still taking longer time than necessary to be determined.

He said: “Presently, there are forces that have constituted themselves into opposition in the police, EFCC, the legislature, the judiciary including the bar that is waging counter offensives against the anti-corruption struggle of the Buhari administration. They are against the anti-corruption war and are currently fighting back the crusade to sanitise the society, using their monopoly without discretion to debar accountability through weakening the anti-corruption institutions.”

Erubami, who is also the President, Nigeria Voters Assembly (VOTAS), said: “Any individual or institution found to be siding the derailment of the processes of enforcing deterrence against commission of the crimes of corruption, one of which is prosecution and imprisonment when found culpable, cannot be said to be favourably disposed to fighting corruption which obviously has been the main reason why conviction has been hard to come by. More so because some of the judges who are expected to dispense justice equitably are themselves very corrupt.”

May 26, 2017
EFCC seizes properties of Jonathan’s godson

Operatives of the Economic and Financial Crimes Commission (EFCC) have taken over tastily-finished multi-billion naira buildings belonging to a godson of ex-President Goodluck Jonathan, George Turnah.

The commission had arraigned Turnah, who is currently remanded in a prison at Port Harcourt, Rivers State, for multiple cases of corruption and involvement in disappearance of money allocated to the Niger Delta Development Commission (NDDC).

The funds were suspected to have been stolen when Turnah served as Special Adviser on Youths to the former chairman of NDDC, Dan Abia.

The EFCC team led by the Zonal Head of the anti-graft agency, Mr. Ishaq Salihu, obtained an order of interim forfeiture of properties belonging to Turnah from the Federal High Court in Port Harcourt.

Following the order, the team stormed the state and after reporting its arrival to the state’s Commissioner of Police, Mr. Asuquo Amba, proceeded to Ogbia local government area, where the buildings were located.

The EFCC operatives, escorted by armed policemen, headed for Kolo town where Turnah’s estate with over 15 buildings is sited.

Our correspondent gathered that the estate was guarded by about 15 policemen paid and housed in the boys’ quarters by Turnah.

The compound, a residential estate has buildings for different purposes such as recreation, church, residential, schools, banquet, ponds, guest house, administrative blocks and security posts, among others.

Salihu said they were in Kolo to execute court’s order on the properties.

He said: ”Turnah is being prosecuted by the Economic and Financial Crimes Commission.

”The EFCC has obtained a valid court order forfeiting these properties pending the determination of the criminal proceedings against him.

”We are here to physically take control of Turner’s property. As you can see, we have tried in vain to access the main building at the back. We are having a little challenge because the housekeeper has decided to run away with the keys.”

May 26, 2017
Judge dismisses request to transfer INEC officials’ case

Justice Mohammed Idris of the Federal High Court in Lagos on Wednesday refused to transfer the case of two Independent National Electoral Commission (INEC) officials, Christian Nwosu and Tijani Inda Bashir, who were accused of receiving bribe, to another judge.

The judge rejected an application filed by the Economic and Financial Crimes Commission (EFCC) that he should hands off the case having rejected Nwosu’s plea bargain agreement.

Justice Idris held that since the defendants were re-arraigned on an amended charge and pleaded not guilty, Nwosu’s earlier plea of guilty no longer matters.

The defendants were accused of receiving N30million bribe from former Minister of Petroleum Resources, Diezani Alison-Madueke, to rig the 2015 general election results.

They were arraigned alongside Yisa Adedoyin, who pleaded guilty to receiving N70.050 million cash payment from the former minister, who is named in the charge but is “at large.”

Nwosu pleaded guilty when he was first arraigned, but Justice Idris rejected a plea bargain agreement he reached with the EFCC on the basis that it was not “appropriate.”

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

Nwosu changed his plea to not guilty when he was re-arraigned.

EFCC’s lawyer Rotimi Oyedepo, said based on Section 270 (15) of the Administration of Criminal Justice Act (ACJA) 2015, the judge should return the case-file for re-assignment to another judge, as he could be accused of bias later, having rejected the plea bargain agreement.

But, Nwosu’s lawyer, Victor Opara, said since the judge had rejected the plea bargain agreement for not being in compliance with the law, it indicated that there was no plea bargain.

However, Justice Idris held on Wednesday that since the defendants were re-arraigned on an amended charge, it was as if they were arraigned for the first time.

“I agree with the view that the prosecution having amended the charge and fresh plea taken by the first defendant in line with the ACJA, the court is being enjoined to commence fresh proceedings as if he has been arraigned for the first time.

“Section 217 (1) and (2) of the ACJA says: ‘Where a new charge is framed or alteration made to a charge under the provisions of section 216 of this Act, the court shall call on the defendant to plead to the new or altered charge as if he has been arraigned for the first time.

“‘The court shall proceed with the trial as if the new or altered charge had been the original charge,” the judge held.

May 24, 2017
EFCC recovered N10b property from Southsouth in two years, says Magu

•Agency chief seeks more cooperation from whistle blowers
•‘Looters of NDDC’s N10b facing prosecution’

The Acting Chairman of the Economic and Financial Crime Commission (EFCC), Ibrahim Mustapha Magu, yesterday urged Southsouth residents to take advantage of the Whistle-Blower’s Law to report cases of corruption and money laundering in the region.

The EFCC chief said the agency recovered property estimated at over N10 billion from the region in the last two years.

Magu spoke at this year’s annual national anti-corruption walk in Port Harcourt, Rivers State capital, through the Head of Southsouth, Ishaku Salihu.

The anti-graft chairman said there was need to fight corruption until it is reduced to the lowest level in all sectors, especially when its consequences on recession were biting hard.

He said: “As a body, EFCC has made great marks in the zone. Between May 29, 2015 and till date, it has traced, tracked and recovered assets worth over N10 billion within the period under review.

“Today marks another milestone in our quest as a nation and a people to draw a line to walk against corruption.

“Presently, the Federal Government’s anti-craft agency is prosecuting in court an indigene of the zone over N10 billion belonging to the Niger Delta Development Commission (NDDC).

“If this stolen fund was injected into the system, it would have gone a long way in changing the landscape of the zone as well as the cry and agitation about underdevelopment and cases of pipeline destruction. Oil theft would have been taken care of.

“We have also apprehended an official of the Independent National Electoral Commission (INEC), who collected and shared N23 billion across the country during the last general election. These are funds that would have been used to improve the social and economic conditions of states and communities across the country and their dwellers but were stolen by a few Nigerians.”

Magu recalled some celebrated corruption cases the agency recorded within the period, under his watch.

He said: “It was in this country people converted septic tanks, usually constructed for human waste, into United States dollar volt and water tanks into naira containers.”

Magu urged Nigerians to report every case of corruption to the commission manually or electronically, through social media platforms, such as Facebook, Instagram and Twitter, among others.

The EFCC chairman stressed that before any report is made, the petitioner must ensure the information is credible and verifiable.

He said: “People should take advantage of the Whistle-Blowing Act to join the fight against corruption and save the country from the ill-activities of corrupt citizens.

“The anti-corruption march is a wake-up call to all Nigerians on the dire consequences of corruption to us and posterity. Basically, the walk is meant to sensitise people on the effects of the twin evil of corruption and money laundering, with a view to getting everybody involved in the fight.”

The march, which was led by the zonal head of the agency, started from the commission’s zonal office on Forces Avenue and passed through the popular Isaac Boro Park and Mile One flyover to the busy Ikwerre Road and other major streets on Azikiwe/Station Road.

May 24, 2017
Photos: EFCC works against corruption in Kaduna

The Kaduna Zonal office of the Economic and Financial Crimes Commission (EFCC) on Tuesday embarked on a walk against corruption.

May 23, 2017
Court halts EFCC’s bid to seize Patience’s Jonathan’s $5.7m, N2.4b

THE Federal High Court in Lagos yesterday suspended proceedings in the hearing of an application seeking permanent forfeiture of $5.7million belonging to wife of former President Goodluck Jonathan, Patience.

Justice Mojisola Olatoregun stayed proceedings pending the outcome of an appeal challenging the money’s temporary forfeiture.

The Economic and Financial Crimes Commission (EFCC) is praying the court to order that the cash be permanent forfeited to the Federal Government.

The judge, on April 26, made an interim order forfeiting the money based on an application by EFCC.

Justice Olatoregun had also ordered the temporary forfeiture of N2,421,953,522.78 found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd.

The commission said the money also belongs to Mrs. Jonathan.

EFCC’s lawyer Rotimi Oyedepo told the judge yesterday that he was ready to move his application for the money’s forfeiture.

He said the respondents had filed their counter-affidavits and served him.

But, Mrs. Jonathan’s lawyer, Chief Ifedayo Adedipe (SAN), said he filed an application for stay of proceedings pending the appeal’s determination.

Counsel for La Wari Furniture and Baths Chief Mike Ozekhome (SAN) added that once an appeal had been entered, the lower court ought to stay proceedings.

Besides, he said the Court of Appeal had already fixed the case for hearing on July 5.

Citing several judicial authorities and Court of Appeal Rules, Ozekhome said it would amount to disrespect for court hierarchy for the judge to proceed with the case where there was a pending appeal.

According to him, the lower court ceased to have jurisdiction once the appeal was entered and records transferred.

“It’s the law that once a party to a matter has filed an appeal and the records of proceedings transferred, the lower court ought to wash its hands off the case like Pontius Pilate.

“The Supreme Court said it’ll amount to judicial impertinence to entertain the matter when there’s a motion pending at the Appeal Court.

“It’ll amount to embarking on an illegal judicial voyage of discovery,” Ozekhome said.

But Oyedepo said the court could hear the case as there was no order for stay of proceedings from the Court of Appeal.

“Your Lordship has jurisdiction to hear this matter. There is no order staying proceedings by the superior court,” he said.

Oyedepo, however, admitted being served with a motion for stay of proceedings and “a photocopy of what appears to be a hearing notice.”

Ruling, Justice Olatoregun held that it would be in the interest of justice to await the Court of Appeal’s decision.

“I have seen the hearing notice issued by the Court of Appeal. I believe it will be in the interest of justice for parties to vent their views at the Court of Appeal.

“I will, therefore, adjourn this case until 20th of September.”

Mrs. Jonathan, in the notice of appeal, is praying the court to hold that the law cited by the EFCC in its ex-parte application for the temporarily forfeiture was inapplicable.

“A judge is bound by the prayers on the motion paper and the court has no jurisdiction to make a case for a party different from that presented by the said party,” the appellant said.

May 23, 2017