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Tag: EFCC

  • Court suspends EFCC’s bid to seize Patience’s Jonathan’s $5.7m, N2.4b

    Court suspends EFCC’s bid to seize Patience’s Jonathan’s $5.7m, N2.4b

    The Federal High Court in Lagos on Monday 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 permanently 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 Limited account numbered 2022000760 in the name of La Wari Furniture and Baths Limited.

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

    EFCC’s lawyer Rotimi Oyedepo told the judge on Monday 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.

    Ozekhome said, “It’s the law that says 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 will amount to judicial impertinence to entertain the matter when there’s a motion pending at the appeal court.

    “It will amount to embarking on an illegal judicial voyage of discovery.”

    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.

     

  • EFCC secures final forfeiture of N449m uncovered in Lagos shop

    EFCC secures final forfeiture of N449m uncovered in Lagos shop

    Justice Rilwan Aikawa of the Federal High Court in Lagos yesterday ordered the total forfeiture of the N449.6million recently found in an abandoned Bureau De Change shop on Victoria Island, Lagos.

    The forfeiture followed an application by the counsel for the Economic and Financial Crimes Commission (EFCC),  I. Mohammed, on May 17 brought  pursuant to Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act No. 14, 2006, Section 44 (2)K of the 1999 constitution.

    The court had earlier on April 19 ordered the temporary forfeiture of the money based on an ex-parte application by the EFCC.

    He directed the commission to advertise the order in a newspaper so that the money’s owner might claim it.

    However,an  EFCC investigator, Moses Awolusi, told the court that Shop LS64 at Legico Shopping Plaza was not opened for two years.

    He said the money was found on April 7 in several Ghana must go sacks.

    The EFCC, he said, recovered the cash following intelligence about one Mohammed Tauheed.

    Tauheed allegedly conspired with the shop’s owner to launder the money.

    The EFCC said the suspect claimed he received the money from a serving government official whose name the commission refused to disclose.

    The commission said the official is serving in the Muhammadu Buhari administration, but did not name the person for what it termed “security reasons”.

    EFCC’s lawyer, Idris Mohammed, said yesterday that the temporary forfeiture order was advertised on May 11 and that Tauheed was also served with the motion.

    He urged the judge to order the final forfeiture of the money since nobody claimed it.

    Granting the application, Justice Aikawa held: “This court ordered, among others, the respondent (Tauheed) and any other interested party to show cause, within 14 days, why the interim forfeiture of N449,597,000 should not be made final.

    “As far as my record shows, neither the respondent nor any other interested party has filed any affidavit or any other process to show cause why the interim order should not be made final.

    “In the instant case, the respondent has, additionally, not filed any process in response to the motion on notice.

    “In the circumstances, I have no option, but to grant the application as prayed.

    “Accordingly, I hereby order that the sum of N449,597,000 found in possession of the respondent, which sum is reasonably suspected to be proceeds of an unlawful activity, be finally forfeited to the Federal Government.”

  • Court orders final forfeiture of N449.6m found in Lagos shop

    Court orders final forfeiture of N449.6m found in Lagos shop

    A Federal High Court sitting in Lagos on Friday ordered the final forfeiture of about N449.6 million found in an abandoned Bureau de Change (BDC) shop at Victoria Island, Lagos, to the Federal Government.

    The money was recovered by the Economic and Financial Crimes Commission (EFCC).

    The forfeiture order was made by Justice Mohammed Aikawa, following a motion on notice taken before him by the commission.

    The judge ordered that the money should be forfeited to the federal government as nobody had come forward to claim it.

    Aikawa had on April 19 ordered temporary forfeiture of the money and adjourned for one Mohammed Tauheed, who was joined as a respondent or any other interested party, to appear.

    When the case was called on Friday, counsel to the EFCC, Mr. Idris Mohammed, told court that the interim order of April 19 was advertised in a newspaper on May 11, to bring the case to the notice of Tauheed and any interested party.

    He said apart from the newspaper publication, Tauheed was also served with the motion on notice.

    Mohammed urged the judge to order the final forfeiture of the money since neither Tauheed nor anyone else came forward to claim it.

    Aikawa, in a short ruling, granted the application.

    He said, “This court ordered, among others, that the respondent (Tauheed) and any other interested party should show cause, within 14 days, why the interim forfeiture of N449, 597,000 should not be made final.

    “ As far as my record shows, neither the respondent nor any other interested party has filed any affidavit or any other process to show cause why the interim order should not be made final.

    “The respondent has, additionally, not filed any process in response to the motion on notice. In the circumstances, I have no option but to grant the application as prayed.

    “Accordingly, I hereby order that the sum of N449, 597,000 found in possession of the respondent, which sum is reasonably suspected to be proceeds of an unlawful activity be finally forfeited to the federal government.”

     

  • N450m campaign fund: Chime under investigation, says EFCC

    N450m campaign fund: Chime under investigation, says EFCC

    The Economic and Financial Crimes Commission (EFCC) has said former Enugu State Governor Sullivan Chime has a case to answer in relation to the N450 million campaign funds allegedly received from Diezani Madueke.

    Southeast Head of Operation/Zonal Head Johnson Babalola, who addressed reporters yesterday, said “Chime is still under our investigation”.

    Babalola explained that Rita Mba, who was accused with Chime, and some others, were also being investigated, though she accused EFCC of compromising with Chime.

    The EFCC boss noted that criminal cases of such nature can linger to ensure a thorough investigation.

    “Chime is still under investigation. Criminal cases don’t have expiry date. The case is still not closed. Rita has the right to allege that we have compromised but I tell you that she is also under investigation,” Babalola said.

    He lamented that the agency is financially handicapped in its battle against corruption because those it is fighting seem to hold the purse.

    “We are handicapped financially for the work because the people we are fighting are still the same people who will approve our funds,” he lamented.

    But Chime, who recently defected to the All Progressives Congress (APC), said he had no case to answer as far as the campaign money was concerned.

  • Court remands two whistle-blowers in prison

    Court remands two whistle-blowers in prison

    A Federal High Court in Maiduguri, Borno State, has remanded two whistle-blowers, Buhari Fannami and Ba-Kura Abdullahi, in prison pending the commencement of their trial for allegedly giving wrong information.

    The two suspects were arraigned on one- count charge before Justice M. T Salihu by the Economic and Financial Crimes Commission (EFCC) for alleged abuse of whistle-blowing policy.

    A statement issued by the Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren said Fannami had misled the EFCC with the information about illegally acquired monies purportedly buried at the residence of one Ba’a Lawan.

    The statement said Fannami information turned out to be false after the execution of a search warrant.

    The charge  reads: “That you, Buhari Fannami on or about the 8th day of May, 2017 at Maiduguri, Borno State, within the jurisdiction of this Honourable Court, did make statement to officers of the Economic and Financial Crimes Commission under the Whistle Blowing policy to the effect that large sums of money being the proceeds of crime were buried in the residence Ba’a Lawan at Pompomari Layout along Pompomari Bypass, Maiduguri, which information/statement you knew to be false and thereby committed an offence contrary to and punishable under sections 39 (2) (a) and 39 (2) (b) of the Economic and Financial Crimes Commission (Establishment) Act 2004 respectively.”

    “The accused person pleaded not guilty to the charge.

    “Counsel to the prosecution Alkassim Ja’afar asked for a trial date and prayed the court to remand the accused person in the prison pending trial.

    Justice Salihu adjourned the matter to June 7 and 8, 2017 for hearing and ordered the accused to be remanded in the prison.

    On his part, Ba-Kura Abdullahi also gave false information that large sum of money in naira and foreign currencies were buried in the residence of Ba’a Lawan.

    Justice Salihu adjourned his case to June 7 and 8, 2017 for commencement of trial and ordered the accused to be remanded in prison.

    The Minister of Finance, Mrs. Kemi Adeosun on Tuesday said about 2,500 whistle-blowers had given information to the Federal Government.

    She said: “On the other measures we are using to fight corruption, apart from the TSA (Treasury Single Account), you all know about the whistle-blower policy, which has helped to make every Nigerian a detective. As we know, the policy says if you know something, say something and patriotic Nigerians are now saying a lot of things.

    “We have over 2,500 tips from various quarters. They are not just the big monies that we see in the papers, but the other monies, like someone diverting the money of a university. We go in there and we stop it. I think the fight against corruption is the people’s fight.

    “Note that not all the whistle-blowers are looking for rewards. Some are just patriotic citizens. Now that everyone has embraced the policy, this has become a national fight against corruption.

    “On the issue of ghost workers, we are removing dead people from the payroll every week. We are blocking loopholes such that people taking the salaries of 10 or 20 people can no longer do that. We have also been able to create more employment by flushing out the ghost workers.”

  • Tarfa refused to declare age seven times – Witness

    Tarfa refused to declare age seven times – Witness

    The Lagos High Court, Igbosere, heard on Wednesday how a Senior Advocate of Nigeria (SAN), Chief Rickey Tarfa, allegedly declined to declare his age to the Economic and Financial Crimes Commission (EFCC).

    An officer from the EFCC Special Task Force Unit, Zakari Usman, testified that Tarfa refused to declare his age seven times during his investigation for alleged obstruction of the agency’s operatives.

    He stated this during the viewing of a video tendered by the commission in support of its case against the defendant.

    Tarfa was arrested on February 9, 2016 for allegedly hiding two suspects – Nazaire Sorou Gnanhoue and Modeste Finagnon, both Beninoise – in his Mercedes Benz Sports Utility Vehicle (SUV), thereby shielding them from being arrested and willfully obstructing the course of justice.

    He was arraigned on March 10, 2016 and pleaded not guilty to a 27-count charge which was subsequently amended to 26 counts.

    Usman, the fourth prosecution witness, was led in evidence by the prosecution counsel, Rotimi Oyedepo, while Oluyele Delano and Abiodun Owonikoko, both SANs, represented the defendant.

    The witness testified that the assets declaration form issued to Tarfa by the agency had a column requiring age declaration in seven places, but the defendant left all the spaces blank.

    He said Tarfa also failed to declare his assets contrary to Section 7(a) and (b) of the EFCC Act.

    He told Justice Adedayo Akintoye that he and three other EFCC operatives were present when the defendant failed to make the required entries in the assets declaration form.

    Usman narrated how he was assigned to investigate a complaint against Tarfa on February 5, 2016, through a letter sent to his team.

    His team, he added, wrote a letter to Guarantee Trust Bank (GTB) and information contained in the bank’s response showed the defendant’s date of birth as February 23, 1950.

    The prosecution also played a video in court titled: “Rickey Tarfa refusal,” which allegedly showed the defendant’s alleged refusal to fill the form.

    Usman said the agency made the video on February 10, 2016 during its interrogation of the defendant.

     

  • Campaign fund: Chime has a case to answer – EFCC

    Campaign fund: Chime has a case to answer – EFCC

    The Economic and Financial Crimes Commission (EFCC) on Wednesday maintained that former governor of Enugu State, Sullivan Chime, has a case to answer in relation to the N450million campaign funds he allegedly received from ex- Minister of Petroleum Resources, Mrs. Diezani Alison- Madueke.

    Chime, who recently dumped the Peoples Democratic Party (PDP) for All Progressives Congress (APC), had declared at a news conference that he has no case to answer as far as the campaign money was concerned.

    But EFCC insisted that Chime is not yet out of the woods in the alleged misappropriation of the fund.

    Briefing journalists at the Enugu Press Centre, EFCC Head of Operations South East, Mr. Johnson Babalola, said Chime was far from being free from the commission’s hook, adding that the ex-governor “is still under our investigation.”

    Babalola said one Rita Mba and several other persons mentioned in the election campaign fund saga are also under investigation.

    “Chime is still under investigation. Criminal cases don’t have expiry date. The case is still not closed. Rita has the right to allege that we have compromised. I want to tell you that she too is still under investigation and I don’t want to say more than that about the case,” Babalola said.

     

  • DSS fails to produce Dasuki in court

    DSS fails to produce Dasuki in court

    The Department of the State Service (DSS)  failed again to bring the ex- National Security Adviser (NSA) Col. Sambo Dasuki (retd), to court on Wednesday.

    Dasuki is standing trial on a 19-count charge of alleged diversion of N13.6 billion at the Abuja High Court, Maitama.

    He is being tried alongside Shuaibu Salisu, a former Director of Finance, Office of the National Security Adviser, and Aminu Baba-Kusa, a former Nigerian National Petroleum Corporation (NNPC) Executive Director and two others.

    At the resumed sitting on Wednesday, all other defendants were present in court, except Dasuki and at the last sitting; the trial was adjourned till May 16, May 17 and May 18.

    The prosecuting counsel, Mr. Rotimi Jacobs (SAN), told the court that he contacted the DSS legal director on Tuesday for Dasuki to be brought to court.

    “I am surprised that he is not here today, I also contacted DSS again today, I was told that Dasuki said that he was indisposed,“ Jacobs said.

    Dasuki’s counsel, Mr. Joseph Daudu (SAN), said from all indications “it is an interdepartmental issue and it should be on record that we were in court on Tuesday and Wednesday.”

    NAN

     

  • EFCC seeks permanent forfeiture of Patience’s Jonathan’s $5.7m

    EFCC seeks permanent forfeiture of Patience’s Jonathan’s $5.7m

    THE Economic and Financial Crimes Commission (EFCC) yesterday urged the Federal High Court in Lagos to order the final forfeiture of $5.7million belonging to wife of former President Goodluck Jonathan, Patience.

    Justice Mojisola Olatoregun on April 26 made an interim order forfeiting the money to the Federal Government.

    EFCC said Mrs. Jonathan allegedly paid $6,791,599.64 (about N2.1billion) into her account between February 8, 2013 and January 30, 2015.

    It said the money, which she allegedly directed her aides to pay into her account while her husband was President, was suspected to be proceed of unlawful activities.

    The commission said Mrs. Jonathan had earlier spent $949, 282.98 (about N296, 141,911) from the money.

    It said she also withdrew another $100,000 from the account in April, leaving a balance of $5,731,173.55.

    It prayed the court to order the temporary forfeiture of the remaining sum to prevent her from further dissipating it.

    Justice Olatoregun directed the EFCC to publish the interim order in a newspaper to enable any interested party to appear before the court within 14 days to “show cause” as to why a final order of forfeiture should not be made in favour of the Federal Government.

    Mrs. Jonathan’s lawyer Mr. Ifedayo Adedipe (SAN) yesterday urged the court not to order a final forfeiture of the money.

    Hs said his client was not given sufficient time to “show cause”.

    Adedipe said he had filed a notice of appeal against the court’s ruling as well as a motion for a stay of proceedings.

    He argued that the EFCC ought to have waited for the Court of Appeal to determine the case.

    Adedipe noted that the publication of the court’s order was done on May 11.

    According to him, the notice was too short to allow for the filing of any response.

    EFCC’s lawyer Mr. Rotimi Oyedepo said the business of the day was for any interested party to appear and show cause.

    Justice Olatoregun noted that the suit would only be adjourned on the grounds that the time-frame of the publication was short.

    The commission said it found the money in an account numbered 2110001712 with Skye Bank Plc in Mrs. Jonathan’s name.

    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 is also linked to Mrs. Jonathan.

    EFCC said the sums were “reasonably suspected to be proceeds of unlawful activities”.

    Justice Olatoregun adjourned to May 22 by which time any interested party would have filed the requisite responses to claim the claim.

     

  • Diezani bribe: EFCC seeks to transfer case to new judge

    Diezani bribe: EFCC seeks to transfer case to new judge

    THE Economic and Financial Crimes Commission (EFCC) yesterday urged Justice Mohammed Idris of the Federal High Court in Lagos to withdraw from the trial of two Independent National Electoral Commission (INEC) employees accused of receiving bribe.

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

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

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

    Adedoyin was convicted following a plea bargain with EFCC in which he agreed to pay a fine of N10 million and forfeit his illicitly-acquired assets.

    Nwosu pleaded guilty at first and entered a plea bargain with EFCC. But Justice Idris rejected the agreement on the basis that it was not severe enough.

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

    After rejecting the plea bargain agreement, Justice Idris gave Nwosu the option of changing his plea to not guilty or accepting a heavier sentence, including N10 million fine as provided in the law.

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

    Yesterday, EFCC’s lawyer Rotimi Oyedepo said based on Section 270 (15) of the Administration of Criminal Justice Act (ACJA) 2015, the judge ought to return the case-file for re-assignment.

    The section reads: “Where the defendant has been informed of the heavier sentence, the defendant may…withdraw from his plea agreement, in which event the trial shall proceed de novo before another judge or magistrate, as the case may be.”

    Oyedepo said should the trial continue before Justice Idris, the judge could later be accused of bias and violating the law.

    “I urge my lord to remit the case to the Chief Judge for re-assignment to another judge,” the prosecutor said.

    But, Nwosu’s lawyer, Victor Opara, said since the judge had rejected the plea bargain agreement, it amounts to there being no plea bargain.

    Besides, he said Nwosu had pleaded not guilty to a “new” charge, adding that transferring the case to a new judge would be a waste of time.

    Opara undertook not to raise the issue of bias at any point in the proceedings, including on appeal.

    Justice Idris adjourned till May 24 for ruling.