Plans by the prosecution to open trial in the alleged N26 million fraud case against former Aviation Minister Femi Fani-Kayode failed yesterday as its prosecution failed to turn up in court.
The Economic and Financial Crimes Commission (EFCC) started the case late last year when it filed a five-count charge against Fani-Kayode before the Federal High Court in Abuja.
The EFCC accused Fani-Kayode of diverting N26 million allegedly received from the Office of the National Security Adviser while Sambo Dasuki was in office.
It also accused him of handing the N26 million without going through financial institution as required under the Money Laundering Act.
When parties got to court yesterday, everyone expected the prosecution to open trial by calling its first witness, but prosecuting lawyer, Jonson Ojogbane, stunned all when he expressed surprise about his witnesses’ absence.
Ojogbane told that court he was surprised that his witnesses did not turn up for the day’s proceedings.
He said he had expected to meet them in court, but was surprised the witnesses were nowhere to be found.
He said in view of the development, he was left with no option than to appeal to the court to grant an adjournment to a later date to enable him investigate what went wrong.
Defence lawyer Ahmed Raji, who did not object to Ojogbane’s request for adjournment, said the prosecution’s witnesses failure to attend court might have been because the prosecution failed to make the necessary arrangements.
Trial judge, Justice John Tsoho, adjourned till April 7 for the prosecution to open its case.
Tag: EFCC
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EFCC’s witness fails to attend court in Fani-Kayode’s trial
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EFCC’s witness fails to attend court in Fani-Kayode’s trial
Plans by the prosecution to open trail in the alleged N26million fraud case against former Aviation Minister, Femi Fani-Kayode failed Tuesday as its prosecution failed to turn up in court.
The Economic and Financial Crimes Commission (EFCC) commenced the case late last year when it filed a five-count charge against Fani-Kayode before the Federal High Court in Abuja.
The EFCC accused Fani-Kayode of diverting N26m allegedly received from the Office of the National Security Adviser while Sambo Dsuki was in office.
It also accused him of handing the N26m without going through financial institution as required under the Money Laundering Act.
When parties got to court Wednesday, everyone expected the prosecution to open trial by calling its first witness, but prosecuting lawyer, Jonson Ojogbane stunned all when he expressed surprise about his witnesses’ absence.
Ojogbane told that court that he was surprised that his witnesses did not turn up for the day’s proceedings. He said he had expected to meet them in court, but was surprised the witnesses were nowhere to be found.
He said in view of the development, he was left with no option than to appeal to the court to grant an adjournment to a later date to enable him investigate what went wrong.
Ojogbane: “we will investigate. I do not want to speculate why they are not here. I hope it is not what I am afraid of. I had expected to meet them in court today.”
Defence lawyer, Ahmed Raji, who did not object to Ojogbane’s request for adjournment, said the prosecution’s witnesses failure to attend court might have been because the prosecution failed to make the necessary arrangements.
He urged the prosecution to do all that were necessary to prevent a repeat of similar development at the next adjourned date.
Trial judge, Justice John Tsoho adjourned to April 7 for the prosecution to open its vase.
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Witness absence stalls Fani- Kayode’s trial
The failure of the Economic and Financial Crimes Commission (EFCC) to produce its first witness on Tuesday stalled the trial of former Minister of Aviation, Femi Fani-Kayode, before a Federal High Court, Abuja.
Fani-Kayode is currently standing trial on a five-count charge of money laundering.
He was accused of collecting N26 million from the Office of the National Security Adviser (ONSA) and using same for media campaigns.
At the last sitting on February 6, Fani-Kayode’s counsel, Mr. Ahmed Raji (SAN), sought for an adjournment to enable him go through the files as he was new in the case.
He said: “My lord, I am just coming into the case, I will need time to go through the file, so I will like to crave the indulgence of the court to enable me familiarise myself with the case.’’
However, at the resumed hearing on Tuesday, counsel to EFCC, Johnson Ojogbane, informed the court that the commission’s witness was unavoidably absent.
Ojogbane said: “I was informed that the witness was around, but I do not know why he was absent in court.
“This is the first time we are asking for an adjournment, and I am pleading with the court to grant our request,’’ he said.
The application for the adjournment was not opposed by the defence counsel.
Justice John Tsoho adjourned the case till April 25 for commencement of trial.
NAN
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N6.8bn fraud: How ex-NAMA officials made withdrawals – Bank official
An official of Stanbic IBTC Bank, Mr Ade Babatunde, on Monday told a Federal High Court, Lagos, how Segun Agbolade, a former General Manager (Finance), Nigerian Airspace Management Agency (NAMA), defrauded the agency.
Babatunde, while being led in evidence by the EFCC prosecutor, Mr Rotimi Oyedepo, made the revelations at the resumed hearing of the case before Justice Babs Kuewumi.
The News Agency of Nigeria (NAN) reports that Oyedepo had led the witness as the first prosecution witness (PW 1) in the N6.8 billion fraud case against some former employees of NAMA.
NAN reports that EFCC had arraigned the accused including NAMA’s former Managing Director, Ibrahim Abdulsalam; former General Manager of Procurement, Olumuyiwa Adegorite and Agbolade on a 21-count charge of N6.8 billion fraud.
Others are former acting General Manager of ICT, Bolaniran Akinribido; Sesebor Abiodun, Joy Adegorite and two companies- Randville Investment Ltd. and Multeng Travels and Tours Ltd.
When the case was called for continuation of hearing, Babatunde told the court how the funds belonging to NAMA were allegedly converted for personal use by the accused when Abdulsalam was at the helm of affairs.
He said that on July 13, 2015, a cash withdrawal of N3 million was made by Agbolade, (General Manager of Finance) from the account of Randville Investment Ltd.
The witness also said that on July 15, 2015, there was another withdrawal of N2.5 million from the account of Randville Investment Ltd. and same was transferred to the account of Agbolade.
“On Sept. 16, 2015, there was a credit transfer of N22 million into the account of Randville Investment Ltd.
“On Sept. 28, 2015, N100 million was deposited in a fixed deposit account, and on maturity, same was paid into the account of Randville Investment Ltd.
“On the same date, N28 million was transferred out of the account, but I cannot confirm the beneficiary, because it was not stated in the statement of account.
“Also, on Sept. 28, 2015, N100 million was placed in another fixed deposit account.
“On Oct. 28, 2015, the N100 million earlier placed in a fixed deposit account was paid into the account of Randville Investment Ltd.
“On Nov. 2, 2015, N50 million was transferred twice from the Randville Investment Ltd. and I cannot also confirm the beneficiary, because it was not stated in the statement.
“Then, on Nov. 10, 2015, there was a withdrawal of N3 million from the account of Randville Investment Ltd. by Segun Agbolade.” the first prosecution witness told the court.
After the witness’ testimony, the defence counsel led by Mr Wale Akanni (SAN), sought for an adjournment to enable to them to cross examine the witness.
The judge, however, granted the request, and the case was adjourned till April 5 for continuation of trial.
NAN reports that EFCC had on Aug. 19, 2013, brought the accused before the court, accusing them of conspiring to induce NAMA to deliver N2.8 billion to Delosa Ltd., Air Sea Delivery Ltd. and Sea Schedules Systems Ltd.
The anti-graft agency of alleged that the delivery was under the pretence that the money represented the cost of clearing NAMA’s consignments.
EFCC further alleged that between Jan. 2 and Dec. 17, 2013, the accused allegedly converted N191 million belonging to NAMA for their private use.
It also accused the NAMA officials of converting N728 million between 2013 and 2015 and other sums for their personal use.
The prosecution said that the offences contravened Section 8(a) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006 and punishable under Section 1(3).
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I will prove my innocence, says ex-NNPC GMD
Former Group Managing Director, Nigeria National Petroleum Corporation (NNPC), Dr. Andrew Yakubu, has said that he was prepared to prove his innocence over allegation of false declaration of assets, even as he said that the Economic and Financial Crimes Commission (EFCC) was yet to charge him for any offence.
Yakubu also accused the EFCC of denying him access to medical attention which he said he desperately need.
The former NNPC boss is currently being detained the EFCC following an alleged recovery of $9,772,800 and £74,000 cash from him.
He claimed that the money was a gift.
A Federal High Court has already directed that Yakubu who was reportedly transferred from its Kano facility where he was being held to Abuja should forfeit the money to the government.
In a statement made available to newsmen in Abuja, counsel to Yakubu, Ahmed Raji, SAN, said “within this time also, our client has been denied access to adequate medical attention which he desperately needs.”
Raji also said that even though his client voluntarily presented himself to the anti-graft agency, he has not been charged for any crime either by the EFCC or any agency of government.
Raji said the statement became necessary in view of media report alleging that his client is currently facing charges for under-declaration of assets and illegal transactions, stated that “Within this time, no formal charges has been brought against our Client by the EFCC or any other government establishment for any offence whatsoever as widely spread in these media reports.
“In view of the foregoing facts, our Client has sought an enforcement of his fundamental human rights before the Federal High Court, Abuja in an action constituted as FHC/ABJ/CS/126/17 between Engineer Andrew Yakubu vs EFCC.
“Our Client has been detained by the Economic and Financial Crimes Commission (EFCC) for more than a month since he voluntarily presented himself to them at their invitation and has fully cooperated with investigations.”
He stressed that his client was determined to prove his innocence and willingness to clear his name in due course.
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Jonathan’s cousin’s money laundering trial stalled again
Proceedings were stalled on Monday in the trial of a cousin to former President Goodluck Jonathan, Robert Azibaola and others due to the failure of the prosecution to present its witness.
Similar scenario played out on January 30 when the case last came up.
Azibaola, his wife, Stella and their firm, One Plus Holdings Nigeria Limited are standing trial on a seven-count charge of money laundering before the Federal High Court, Abuja.
They are accused by the Economic and Financial Crimes Commission (EFCC) of unlawfully receiving about $40million from the former National Security Adviser (NSA), Sambo Dasuki.
The accused persons however denied the allegations.
When the case was called on Monday, lead prosecution lawyer, Francis Jirbo, told the court that the prosecution was having difficulties calling witnesses in the order the prosecution intended.
Jirbo, who sought the court’s indulgence to enable the prosecution explore efforts to produce its other witnesses, said it (the prosecution) will resort to the court for the necessary orders should its efforts fail.
“My lord, we seek the court’s indulgence to enable the prosecution make the last independent efforts to get its witnesses to court in the manner and sequence it intended,” Jirbo said.
When asked by the judge, Justice Nnamdi Dimgba, the nature of the witnesses, Jirbo said three of the six remaining witnesses the prosecution intends to call were from outside the EFCC, while the other three were operatives of the EFCC.
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Fayose: Lawyers petition EFCC, IGP
A law firm, Salawu, Akingbolu and Company, has petitioned the Economic and Financial Crimes Commission (EFCC) over alleged money laundering charges against some aides of Ekiti State Governor Ayo Fayose.
The lawyers also petitioned the Inspector General of Police (IGP), accusing the governor of using policemen to “prevent arrest of suspects, manipulate charges against his aides and harassment of bank workers”.
In the petitions dated February 23, the lawyers said they were acting on the orders of The Concerned Ekiti Indigenes and demanded investigation of the allegations.
They urged the EFCC to investigate the alleged stealing of $150,000 by a woman and some domestic workers in the Government House.
The petitioners also pointed the IG’s attention to serial use of policemen to perpetrate illegal acts in favour of the governor, citing the use of policemen to prevent EFCC from effecting the arrest of Femi Fani-Kayode’s wife when she attempted to withdraw money from her husband’s frozen account.
Other illegal acts, according to the petitioners, include the governor’s use of the policemen to harass bank workers over attempt to withdraw money from an account under a legal restriction, including use of policemen to besiege a popular hotel to prevent arrest of a suspect.
The lawyers pointed attention to the role of the Ekiti State Police Command in the manipulation of the alleged theft charge of $50,000 in the Government House involving Fayose’s aides, Sunday Omosilade, Afolabi Sunday, Bamidele Temitope and a foreign exchange operatorr, Shuaibu Amidu.
They noted that in the purported amended charge, Amidu, who assisted Afolabi and Temitope to change the $50,000 to naira equivalent, was omitted “for obvious reasons and the name of Omosilade, the governor’s aide was also removed.”
They also complained that the Attorney General and Commissioner for Justice, Owoseni Ajayi, had applied to take over the case, indicating that there was a ploy to manipulate the case and to cover-up the alleged fraud in the governor’s favour.
They called the attention of President Muhammadu Buhari and EFCC to the alleged Fayose/police conspiracy to aid criminality in Ekiti State.
They said: “The questions that agitate the minds of the public and demand answers are as follows; how did Omosilade suddenly turn from an accused to a complainant?
“How did he come about $50,000 which is the equivalent of N20,000,000? Why did the governor demote him and send him packing from the Government House to the office of his wife? If Omosilade is the owner of the money, why did the governor punish him?
“What is his salary and how did he come about having $50,000 in his possession?”
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Ex-NNPC GMD rebuffs EFCC over $9.7m donors’ list
•Commission relocates Yakubu to Abuja from Kano
•No law says he should submit list of givers, says counselDetained former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu is refusing to tell the Economic and Financial Crimes Commission (EFCC) those he claimed gave him the $9.7million cash seized from his house in Kaduna
However, the anti-graft agency has relocated Yakubu from Kano to Abuja ahead of his arraignment later this week.
His counsel, Mr. Ahmed Raji (SAN) said yesterday that there is no law requiring the suspect to disclose those who gave him the money.
Raji said the bulk of the cash was given to Yakubu during socials and as sympathy gift after he left office.
A court has already ordered that the $9.7million and £74,000 impounded from him be forfeited to the Federal Government for the meantime.
The EFCC has filed a six-count charge against him.
An EFCC source said yesterday that Yakubu had refused to list his benefactors to “enable us to crosscheck whether or not those affected did him any favour.”
“We suspected that the cash came in between 2012 and 2014 but Yakubu has refused to disclose the sources,” the source said.
“Maybe when his trial begins, he will open up in court. We believe he owes it a duty as a citizen to name those who showered the huge gifts on him.
“Apart from that, since the gifts allegedly came while in office, the constitution makes it mandatory for him to declare them and the sources.”
Section 6 (3) of Part 1 of the Fifth Schedule to the constitution says: “A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognized by custom;
“Provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any such gift shall not be treated as a contravention of this provision.”
But reacting, Mr. Raji, Yakubu’s counsel said: “There is no law that says that Andrew Yakubu must disclose the sources of the gifts. This is more so because he is no longer a public servant.
“It is like asking him to prove his innocence. Is there any money missing? He does not owe the EFCC any duty to submit the list of those who gave him gifts
“You can declare gifts if you are only a public servant. My client told me that the bulk of gifts came after he had left office during ceremonies, occasions and as sympathy gifts because of the way he was sacked.
“The burden of proof is on EFCC if any money is missing or any money has been stolen. Yakubu is no longer a public servant.”
The Nation gathered that Yakubu has been relocated from Kano to Abuja preparatory to his arraignment this week.
Another source added: “The ex-GMD has been moved from Kano to Abuja. We are set for his trial.”
“He will face trial for Advance Fee Fraud, money laundering, failure to declare over $9.7million gifts in Assets Form.”
The Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren said a special operation conducted by operatives on February 3, 2017 yielded the recovery of a staggering $9,772,800 and another sum of £74,000 cash.
According to him the huge cash was hidden in a fire proof safe, adding: “the surprise raid of the facility was sequel to an intelligence which the commission received about suspected proceeds of crime believed to be hidden in the slums of Sabon Tasha area of Kaduna.
“On arrival at the facility, the caretaker of the house, one Bitrus Yakubu, a younger brother to Andrew Yakubu, disclosed that both the house and the safe where the money was found belong to his brother, Andrew Yakubu.
“When the safe was opened it was discovered that it contained the sum of $9,772,800 and £74,000 .
“On February 8, 2017, Andrew Yakubu reported to the Commission’s Zonal office in Kano and made statement wherein he admitted ownership of the recovered money, claiming it was gift from unnamed persons. He is currently assisting the investigation.”
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Court orders temporary forfeiture of N3.5b in ex-NAMA MD, others’ accounts
The Federal High Court in Lagos has ordered the temporary forfeiture of N3.5 billion and $67,586.27 in the accounts of former Nigerian Airspace Management Agency (NAMA) Managing Director, Ibrahim Abdulsalam and other officers.
The other affected officers are – former NAMA General Manager, Procurement, Olumuyiwa Adegorite, former General Manager, Finance, Segun Agbolade and former acting General Manager, Information and Communication Technology (ICT), Bolaniran Akinribido.
The rest are – Director of Finance, Clara Aliche, Adegorite’s wife and co-director of Multeng Travels and Tours Limited, Joy, Abiodun Sessebor, Randville Investment Limited, Multeng Travels and Tours, Delosa Limited, Airsea Delivery Limited and Sea Schedule Systems Limited.
Also temporarily forfeited are residential building at 5, Sobo Arobiodu Street, GRA, Ikeja, Lagos, a petrol station at Egbeda-Idimu Road, by Faith Bus Stop, a filling station at Idi-Oro, Mushin, and a petrol station at Alakuko, the ownership of which EFCC said was yet to be determined.
Abdulsalam, Adegorite, Agbolade, Aliche, Akinribido, Randville Investment and Multeng Travels and Tours are on trial before Justice Babs Kuewumi of the same court.
They pleaded not guilty to 21- count charge of N2.8billion fraud.
Justice Oluremi Oguntoyibo made the interim forfeiture order based on an ex-parte originating summons filed by the Economic and Financial Crimes Commission (EFCC).
The commission sought an order that the bank accounts of the 12 persons and companies “currently being prosecuted for offences of conspiracy and obtaining money by false pretence be temporarily attached and taken over by EFCC” until trial is concluded.
EFCC prayed for an order that all dealings and transactions on the bank accounts be suspended pending the conclusion of prosecution of the alleged offences against them.
The prosecution also asked that the properties, buildings, parcels of land and premises belonging to the accused persons be temporarily vested in the EFCC.
Among sums forfeited are N30,08million in Adegorite’s Stanbic IBTC account with no. 9302194973; N8.7million and N120million in Randville Investment’s Stabic IBTC account (0001427188) and Unity Bank account (0025152223), and $42,386.27 in Adegorite’s First City Monument Bank (FCMB) account (numbered 1546629019).
Others are N2.8million in Delosa’s GTBank account, N1.2billion in Avesta Venture’s Electronics Nigeria Limited’s Zenith Bank account; N985.6million, N281million, N681million and N47million in different Zenith Bank accounts of Merry Aviation Communication Electrical, among others.
In a supporting affidavit, an EFCC investigating officer, Nuradeen Bello, said the commission received a petition last January 13 alleging that some management staff of NAMA stole government funds running into billions of naira through fictitious procurement contracts, fake container clearing contracts and fraudulent cash advances to some members of staff.
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Four counterfeit currency dealers jailed in Kebbi
The Federal High Court sitting in Kebbi on Thursday sentenced four counterfeit currency dealers to five years imprisonment.
The convicts – Usman Ahmed, Isiyaku Mohammed, Mohammed Abubakar Badadi and Rilwanu Abdullahi – were arraigned on a four-count charge of conspiracy and possession of counterfeit currency.
They were arrested by officers of the Nigeria Security and Civil Defence Corps (NSCDC) at Birnin Kebbi while in possession of N583,000 in fake N1,000 notes.
According to a statement issued by the Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, the case was eventually transferred to the commission for further investigation.
One of the charges reads: “That You Usman Ahmed, Isiyaku Mohammed, Mohammed Abubakar Badadi and Rilwanu Abdullahi on or about 8th July, 2016 in Birnin Kebbi within the jurisdiction of the Federal High Court did conspire among yourselves to do an unlawful act to wit; being in possession of 583 pieces of 1000 Nigeria Naira Notes and thereby committed an offense contrary and punishable under section 516 of the Criminal Code.”
The statement added: “After listening to the charge, all the accused persons pleaded guilty to the four- count charge.
“In view of the plea of the accused persons, prosecution counsel, N.K Ukoha urged the court to convict them accordingly.
“Justice Amobeda convicted all the accused persons as charged
“Before sentence was delivered, counsel for the defendants, S.B Ka’oje, pleaded with the court to tamper justice with mercy given that the convicts are first time offenders with no criminal record. He added that the convicts are all family men with children and many defendants.
“In his ruling, Justice Amobeda sentenced the convicts to five years imprisonment on each of the four count charge. The sentence is to run concurrently and also to begin from the day of their arrest.”