The trial of former Oyo State Governor Rashidi Ladoja was aborted on Tuesday after Justice Mohammed Idris of the Federal High Court in Lagos insisted that the Economic and Financial Crimes Commission (EFCC) must comply with the law.
Eight years after he was first arraigned, EFCC re-arraigned Ladoja for allegedly converting N4.7billion from the state treasury to his personal use.
He was charged along with Waheed Akanbi on eight counts of money laundering and unlawful conversion of public funds.
Prosecution counsel Femi Olabisi called his first witness, an EFCC investigator, Abdullahi Lawal.
Ladoja
As Lawal was about to begin his testimony, Ladoja’s lawyer Bolaji Onilenle and Akanbi’s lawyer Adeyinka Olumide-Fusika objected on the basis that he was not listed as a witness.
Onilenle said: “His name is not on the list of witnesses. We are surprised. Section 379 of the Administration of Criminal Justice Act (ACJA) 2015 mandates the prosecution to make a list of witnesses available to defendants.”
Olumide-Fusika said he has no idea what the witness was going to say and was not prepared to cross-examine him.
“EFCC ought to be ready before bringing us to court. It must be ready before arraignment,” he said.
Olabisi apologised, saying the case was prepared before the ACJA came into effect.
He sought for more time to “put his house in order”.
The counsel asked that the dates previously fixed for the trial, including today and tomorrow, be vacated.
Adebisi said some of his witnesses were in Abuja, Kaduna and Port Harcourt, so he would need time to prepare their statements.
Although the defence counsel said Lawal could testify to save time, Justice Mohammed Idris said it would be better for the prosecution to comply with the law.
He said: “Section 379 is mandatory. We’ll go with speed but in accordance with the law. Let’s do it within the ambit of the law. Let’s not overlook the issue and proceed.
“The prosecution should ensure that a summary of the issues and list of witnesses are made available to the defence before trial commences.”
Ladoja was first arraigned before Justice A.R. Mohammed in 2008, but he objected to the charge.
He obtained a stay of proceedings after filing an interlocutory appeal, which was dismissed by the Supreme Court.
The EFCC accused Ladoja and Akanbi of converting N1,932,940,032.48 belonging to Oyo to their personal use through the Guaranty Trust Bank (GTB) account of a company, Heritage Apartments Limited.
The prosecution said Ladoja removed £600,000 (about N240,219,945) from the state coffers in 2007 and sent it to Bimpe Ladoja in London.
Ladoja also allegedly bought a N42million armoured Toyota Land Cruiser using public funds.
EFCC said he converted N728,600,000 and another N77,850,000 in 2007, and allegedly transferred N77, 850,000 to Bistrum Investments, which he nominated to help him buy a property, Quarter 361, in Ibadan.
The Economic and Financial Crimes Commission (EFCC) on Tuesday re-arraigned former Managing Director of Bank PHB (now Keystone Bank), Mr Francis Atuche at the Federal High Court in Lagos.
He was charged along with a former defunct Spring Bank Plc Managing Director, Mr. Charles Ojo on an amended 45-count charge bordering on alleged N125 billion fraud.
The re-arraignment was caused by the transfer of Justice Saliu Saidu to another division after the trial had commenced.
The case will begin afresh for the fifth time before Justice A. Faji.
Atuche and Ojo have been standing trial since 2009 over allegations of acquiring Keystone Bank’s shares using depositors’ funds.
They pleaded not guilty to the 45 counts of conspiracy, reckless granting and approval of loans and money laundering, between September 1, 2006, and 2009.
Atuche was also accused of applying N3.5billion being proceeds of unlawful loans granted to Tradjek Nigeria Limited, a subsidiary of Futureview Financial Services Ltd, in payment for his acquisition of shares of Bank PHB using various companies as fronts with an intention to conceal the ownership of the loans.
Atuche
EFCC said he collaborated with different companies to conceal the genuine origins of the N3.5billion used to acquire the bank’s shares.
The alleged offences, all of which Atuche denied, contravene Section 14(1) of the Money Laundering (Prohibition) Act and Section 516 of the Criminal Code Act Cap 38, Laws of the Federation of Nigeria 2004.
Reckless granting of loans contravene Section 7(1) (b) of the Advance Fee Fraud and other Fraud Related Offences Act and punishable under section 7(2)(b).
The defendants pleaded not guilty.
Ojo’s lawyer, Mr Osahon Idemudia, urged Justice Faji to allow the defendants continue on the bail terms granted them on November 9, 2009, by Justice Akinjide Ajakaiye, before whom they were first arraigned.
Justice Faji granted the prayer, holding that the defendants shall continue on the N50million bail with one responsible surety each.
The surety, he said, must deposit the Certificate of Occupancy of his landed property either in Ikoyi or Victoria Island.
Justice Faji, however, said the sureties must update their tax clearance within 14 days.
He adjourned till February 23, March 16 and 17 for trial.
The Federal High Court in Abuja has been asked to disqualify Senate President, Bukola Saraki and 10 other Senators being prosecuted and investigated by the Economic and Financial Crimes Commission (EFCC) from participating in the process leading to the confirmation of Ibarhim Magu as Chairman of the EFCC.
The request formed part of prayers contained in a suit marked: FHC/ABJ/CS/102/2017 filed in Abuja on Monday by a lawyer, Raji Rasheed Oyewumi.
Other Senators named in the suit with Saraki, as defendants, include Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwankwanso, Ahmed Sani, Danjuma Goje, Joshua Dariye and Adamu Abdullahi.
Also listed as defendants are the Clerk of the National Assembly, the Senate, the Attorney General of the Federation and Magu.
The plaintiff’s contention is to the effect that, since the Senators are either being tried or investigated for economic and financial crimes in various courts and tribunals by the EFCC under the leadership of Magu, he (Magu) will not be afforded fair
Senate President, Bukola Saraki
hearing by the Senate headed by Saraki.
Oyewumi stated, in a supporting affidavit, that Saraki exhibited bias against the confirmation of Magu when he (Saraki) failed to read the letter of the Acting President, Yemi Osinbajo, seeking the confirmation of Magu, on the floor of the Senate until July 14, 2016 even when he got the letter on June 17, 2016.
He said, in further manifestation of their bias and conflicting interest in the nomination of the 15th defendant (Magu) the 1st defendant (Saraki) together with 2nd to 11 defendants (other named Senators) did not consider the 15th defendant’s nomination until December 15, 2016 when they rejected Magu’s nomination six months after the letter was read on the floor.
The plaintiff said the Senators flouted the Senate Standing Orders when they acted on the letter by rejecting Magu’s nomination without first, referring Magu to the appropriate committee of the 13th defendant (Senate), an executive or closed session instead of an open session.
He added that unlike when he recused himself from the proceedings leading to the passage of the Bill for the amendment of the Code of Conduct Bureau and Tribunal Act on October 27, 2016, because of his ongoing prosecution at the CCT, Saraki failed to recuse himself when the Senate was considering the confirmation of Magu.
Senator Godswill Akpabio
The plaintiff identified some of the cases against the Senators, which Magu and his EFCC are currently handling.
“The 1st defendant (Saraki) was investigated by the 15th defendant on an allegation of false declaration of assets which culminated in the 1ts defendant’s arraignment and ongoing prosecution at the CCT in charge No: CCT/ABJ/01/2015, and a prime prosecution witness in the trial, Michael Wetkas is an officer of the EFCC.
He said the 2nd defendant (Akpabio) was being investigated by the EFCC over the allegation of abuse of office, diversion of public funds and embezzlement in relation to a petition by a lawyer, Leo Ekpeyong.
The plaintiff said the 3rd defendant, (Jang) was being investigated by Magu’s EFCC for allegedly awarding various contracts running into several billions of naira without due process and allegedly diverting N2billion Small and medium Scale Enterprises loan given by the Central Bank of Nigeria (CBN) during his tenure.
The reliefs being sought by the plaintiffs are:
*A declaration that the 1st defendant is disqualified by the Constitution of the Federal Republic of Nigeria 1999 (as amended) from presiding over or participating in the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of the EFCC due to the apparent conflict of interest arising from the 15th defendant’s active role in his ongoing trial at the CCT.
*A declaration that the 2nd to 11th defendants are jointly and severally disqualified by the Constitution and the Senate Standing Order 2015 (as amended) from participating In the deliberation, screening and voting on the nomination of the 15th defendant for the position of Chairman of EFCC due to the apparent conflict of interest arising from their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.
*A declaration that the 1st to 13th defendants jointly and severally violated the Senate Standing Order 2015 9as amended)n when they participated in the screening, deliberation and voting on the first or earlier nomination of the 15th defendant in the 13th defendant on the 15th day of December 2016 by not declaring their pecuniary interests in view of their pending or ongoing cases of financial and economic crimes, given that the 15th defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.
*A declaration that the first and earlier rejection of the nomination of the 15th defendant for the position of Chairman of EFCC on the 15th day of December 2016 without first referring the 15th defendant to the appropriate committee of the 13th defendant and at an executive or closed session instead of an open session, is illegal, null, void and of no effect whatsoever.
*A declaration that the 15th defendant is entitled to be accorded fair hearing by the 1st to the 13th defendant during screening, deliberation and voting in the senate of the Federal Republic of Nigeria on his nomination for the position of Chairman of the EFCC.
*An order of injunction restraining the 1st defendant from presiding over or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.
*An order of injunction restraining the 2nd to 11th defendants from or participating in the screening, deliberation or voting on the nomination of the 15th defendant for the position of Chairman of the EFCC.
The case is yet to be assigned to any judge for hearing.
Shell Nigeria Exploration and Nigeria Agip Exploration have asked the Federal High Court, Abuja, to discharge the order of forfeiture on OPL 245 granted the Economic and Financial Crimes Commission (EFCC).
Justice John Tsoho on January 26 granted an order of interim forfeiture of Oil Prospecting Licence (OPL 245) to the Federal Government pending investigation and prosecution of suspects in the $1.1 billion Malabu oil scam.
At the resumed hearing of the matter on Tuesday, the prosecuting counsel, Mr. Johnson Ojogbane, told the court that he was unable to respond to the two applications filed by the applicants on the matter.
Ojogbane said his inability was, “due to circumstances beyond our control.”
He applied for an adjournment to enable the prosecution to respond to the two applications.
Counsel to Shell, Prof. Olaniwun Ajayi (SAN), told the court that he has filed two applications on the matter.
Ajayi said the first application was seeking the discharge, dismissal or striking out of the order of forfeiture to the federal government which the court made pending the conclusion of the matter.
The second, he said, prayed for an order staying or suspending the effects of the interim order made in favour of the EFCC, directing that OPL 245 be managed by the Department of Petroleum Resources (DPR).
THE Economic and Financial Crimes Commission (EFCC) yesterday said it did not starve a former Senior Special Assistant to ex-President Goodluck Jonathan on Domestic Affairs Dr. Waripamo-Owei Dudafa while in detention.
Dudafa had claimed while testifying in a trial-within-trial that he was “tormented” by EFCC in a bid to get him to implicate the former President.
He said he was denied access to his relatives, adding that he was not given food for some period.
“It is not correct that I had access to relatives, who brought food for me,” Dudafa said.
But during cross-examination yesterday, EFCC’s lawyer Rotimi Oyedepo exhibited a record of those who visited Dudafa and what they brought for him.
Oyedepo said last April 27, one Okebuwa brought food items to Dudafa in detention, including rice, chips, meatpie, chickenpie and unripe plantain.
The lawyer said the following day, Okebuwa brought plantain and roasted fish, while on April 29, he brought eba, yellow soup, rice, salad and later brought rice, stew and banana for Dudafa.
Oyedepo said the same person also brought eba and stew for Dudafa on April 30, as well as rice, stew, yam and fried fish the following day.
The EFCC prosecutor said on May 2, Dudafa had unripe plantain and pepper-soup brought to him. He said beans, plantain and bread were brought to him on May 3, while he had apple and soup on May 5, rice, beans, stew and eba on May 6, and rice, pepper soup and banana on May 9.
Each time Oyedepo asked Dudafa to confirm if the food was brought to him, he said: “I don’t know.”
He adjourned the trial-within-trial to February 21.
The Economic and Financial Crimes Commission (EFCC) yesterday said it had not indicted Senate President Bukola Saraki or any governor on the use of London-Paris Club refunds.
The commission said investigation on the management of the reimbursement was still at preliminary stage.
The EFCC made the clarifications in a statement by its Head of Media and Publicity, Mr. Wilson Uwujaren.
The statement said: “The attention of the Economic and Financial Crimes Commission, EFCC has been drawn to a report captioned, Nigerian State Governors, Senate President Saraki Pocketed Billions of Naira from Paris Loan Refund, which appeared in the online news portal, Sahara Reporters on Sunday February 12, 2017 .
“The report among others claimed that the Commission has indicted all the governors of the 36 states of the Federation and the Senate President, Bukola Saraki in the ongoing investigation of the reimbursement paid to state governments by the Federal Government for excessive deduction charged to them on account of the Paris Club and other international loans.
“The commission wishes to state unequivocally, that no state governor or Senate President has been indicted so far by the investigation which is still at a preliminary stage.
“ Also, insinuations about cover up by some officials of the Commission are untrue as there is no incentive to do so.
“The commission implores the media to be circumspect in the reportage of this delicate issue in order not to jeopardise ongoing investigation, and be assured that they would be fully briefed of developments as soon as breakthrough is achieved.”
THE Economic and Financial Crimes Commission (EFCC) has reopened a 12-year-old $1 million fraud case against Lagos lawyer and socialite Fred Ajudua.
The EFCC first instituted the suit against Ajudua in 2005 before Justice Morenikeji Obadina of an Ikeja high court.
The matter was however struck out in 2009 after Ajudua jumped bail and failed to appear in court on 24 occasions.
In the charge filed on February 9, 2005, the EFCC alleged that Ajudua and Joseph Ochunor sometimes in 1993 conspired to defraud one Ziad Abu Zalaf of Technical International Limited based in Germany.
The commission alleged that Ajudua and co-defendant at various times collected an aggregate sum of $1,043,000 from the German businessman under the guise of financing a fictitious contract awarded by the Nigeria National Petroleum Commission (NNPC).
During the pendency of the suit spanning four years before Justice Obadina, Ajudua failed to appear for trial.
The development forced the court to issue a warrant for his arrest sequel to which the matter was struck out in 2009 by Justice Obadina due to failure of the anti-graft agency to produce the defendants.
When Ajudua resurfaced in 2013, the EFCC formally applied to the Lagos State Chief Judge to relist the matter and was re-assigned to Justice Josephine Oyefeso.
When the matter came up yesterday before Justice Oyefeso, EFCC counsel, Mr. S. A. Atteh, informed the court that the commission had on January 25, 2017 filed a motion seeking to reopen the case.
But counsel to Ajudua, Mr. Morrison Quakers (SAN) informed the court that his client has already filed a preliminary objection against the motion filed by the EFCC.
The matter, however, could not proceed as the court refused to grant the request of EFCC counsel to respond to Ajudua’s preliminary objection orally.
The Economic and Financial Crimes Commission( EFCC) is hunting for another former Group Managing Director of the Nigerian National Petroleum Corporation( NNPC) in connection with the ongoing probe of a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke.
The said ex-GMD was yet to respond to EFCC’s letter of invitation which was sent through NNPC to him.
The anti-graft agency may be forced to watch-list the affected ex-GMD.
The former Minister is under investigation for alleged N23.29billion poll bribery scam; controversial withdrawal of $153m from NNPC accounts; alleged $1.6billion money laundering and oil deals; posh $37.5million assets and plots of land on Banana Island and other choice properties in Nigeria and Dubai.
The ex-GMD is said to be vital to the ongoing probe of Alison-Madueke.
A top source in EFCC said: “We are already looking for another ex-GMD of NNPC. We followed necessary protocol by inviting him through NNPC but he is yet to report for interrogation after many months of acknowledging our invitation.
“We may be forced to watch-list the former GMD which can lead to his extradition from any part of the world.
“This former GMD ought to interact with our detectives on some of the clues already at the disposal of EFCC.
“But the ex-GMD has been relying on one excuse or the other to meet with our team of investigators.”
Responding to a question, the top source said: “We have been able to trace the country where the ex-GMD is at present. We only need to locate where exactly he is staying. The good thing is that we have a Mutual Legal Assistance Treaty with his host country which can hasten his arrest and repatriation.
“The EFCC does not say the former GMD is guilty of any infractions yet. But we want him to return home to respond to some issues on Diezani.”
The EFCC has detained a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Andrew Yakubu’s over alleged slush funds of $9,772,800 and £74,000.
Yakubu, who is in EFCC’s custody in Kano, confirmed that the cash was accumulated gift from unnamed persons.
The anti-graft agency revealed that Yakubu hid the cash in a fire proof safe at his brother’s house in the slums of Sabon Tasha area of Kaduna metropolis.
The immediate past Minister of the Federal Capital Territory, Alhaji Bala Mohammed, and his son, Shamsudeen, have lost 10 choice houses and plots to the Economic and Financial Crimes Commission (EFCC), at least for now.
The agency believes the properties were acquired by father and son with stolen public funds.
They include three plots of land with development at various stages of completion at No 54 Mike Akhigbe Way, Jabi, Abuja; Plot 2276 Sunrise Estate, Asokoro, Abuja and Plot 1804 Damaturu Crescent, off Ahmadu Bello Way, Garki 11, Abuja; Nos. 1 and 3, Marian Street, Asokoro, Abuja and a twin plaza at Wuse Zone 3 by Tamarak Guest Inn, Abuja.
The rest are: No. 7 Gana Street, Maitama, Abuja; an estate and plaza at Dawaki, opposite Gwarinpa, Abuja; an Estate at Jahi District, Abuja; three number duplex Abuja Investment Company Limited Estate, Abuja and a shop at Dubai Market, Kaura District, Abuja.
“The seizure of the first three properties is on the strength of an interim forfeiture order by Justice Okon Abang of the Federal High Court, Abuja which temporarily forfeited the properties to the federal government pending the conclusion of investigation and determination of criminal charges against the suspect,” the Head of Media and Publicity of the anti-graft Commission, Mr. Wilson Uwujaren, said yesterday.
“The court also gives the Commission power to appoint competent persons/firm to manage the assets/properties listed.
“The rest properties were confiscated on the strength of the order by Justice Gabriel Kolawole of the Federal High Court, Abuja which forfeited the assets to the federal government pending the conclusion of investigation and determination of the criminal charges against the suspects.”
He said the court also forbids “any disposal, conveyance, mortgage, lease, sale or alienation or otherwise of the property/assets.”
The EFCC plans to arraign the ex-Minister in court any moment from now to face trial for alleged corruption.
It was gathered yesterday that the EFCC has gone far in its investigation of the ex-Minister.
He said the properties have been placed under temporary forfeiture until the trial of the two persons is concluded.
Senator Bala Mohammed was arrested in connection with alleged N1billion fictitious contracts. He was also questioned on alleged allocation of 12 choice plots to his son running into billions of Naira; 37 other commercial plots of land worth about N8billion to his suspected front and the controversial N1trillion Abuja land swap.
A mansion allegedly worth N782million, belonging to the ex-Minister, has been placed under Interim Assets Forfeiture.
Justice Nnamdi Dimgba of the Federal High Court, Abuja on February 3, 2017 granted Shamsudeen Bala, bail in the sum of N100million with two sureties who must be private businessmen or public servants of the rank of assistant director and above.
Bala is being prosecuted by the EFCC on a 15-count charge of money laundering to the tune of N1.2 billion.
The accused was docked on February 1, 2017, along with four companies – Bird Trust Agro Allied Limited, Intertrans Global Logistic Limited, Diakin Telecommunications Limited and Bal-Vac Mining Nigeria Limited.
Bala and Diakin Telecommunications Limited were accused of making cash payment of the sum of N74, 244,005 (seventy-four million, two hundred and forty-four thousand, five naira) to Abuja Investment Company Ltd without going through a financial institution.
The offence was said to be in breach of Section 1 of the Money Laundering (Prohibition) Act, 2011 (as amended in 2012).
On arraignment, he pleaded not guilty to the charge.
One of the counts said: “That you, Shamsudeen Bala (alias Shamsudeen Mohammed Bala), Bird Trust Agro Allied Ltd and Intertrans Global Logistics Ltd sometime in 2015 in Abuja within the jurisdiction of this Honourable Court did without going through a financial institution make cash payment of the sum of N296,000,000 (two hundred and ninety six million naira) only to A & K Constructions Ltd Abuja and Sunrise Estate Development Ltd for Construction of a house on plot nos 2116 and 2276 at Asokoro Gardens (alias Sunrise Estate) Abuja, which sum exceeded the statutory limit and thereby committed an offence contrary to Section 1 of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 16(2)(b) and (4) of the same Act.”
The trial of the ex-minister’s son is to commence on March 27, 2017.
Acting President Yemi Osinbajo on Thursday night held a closed-door meeting with heads of security and anti-corruption agencies over fight against corruption in the country.
Some top government officials also attended the meeting.
The meeting, which lasted about two hours, ended around 8:00 p.m.
Those at the meeting were the Minister of Information, Lai Mohammed, Inspector- General of Police, Ibrahim Idris, Attorney General of the Federation and Minister of Justice, Abubakar Malami, the Chairman of Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ekpo Nta.
Also at the meeting were the Director -General of the Department of State Services (DSS), Lawal Daura, Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu and the Director-General of Nigeria Processing Zone Authority (NIPZA).
Details of the meeting were unknown at the time of filing this report.
Some heads of the anti-graft agencies had earlier met with the Chief of Staff to the President, Abba Kyari, before meeting with Osinbajo.
Kyari had also separately met with the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele and the Minister of Trade and Investment, Okechukwu Enelamah.
Speaking with State House correspondents after the meeting, Magu blamed corruption for the current recession in the country.
He said “I’m asking all Nigerians to join in the fight against corruption. Adults, children, men, women and you journalists. Corruption is the greatest menace we are facing in the country.
“Corruption is responsible for the recession we are witnessing today. So all Nigerians must join in the fight against graft.”
