A Federal High Court sitting in Ado-Ekiti, Ekiti State capital, has ordered Economic and Financial Crimes Commission (EFCC) and Zenith Bank to lift the restriction placed on two personal accounts of Ekiti State Governor Ayo Fayose.
The court set aside an order by a Federal High Court, Lagos, empowering the EFCC to freeze the two accounts
Delivering judgment in the suit by Fayose against the EFCC and the bank yesterday, Justice Taiwo Taiwo ordered the respondents, jointly or severally, to de-freeze the two accounts.
In the two-hour judgment, the court said the rights of the applicant had been unconstitutionally infringed upon, considering the circumstance of his office .
Fayose’s accounts were frozen on June 21. The EFCC claimed the money found in the two accounts was suspected to be proceeds of crime.
But the governor took the agency and the bank to court on June 26, in a suit filed through his counsel, Mike Ozekhome
The court condemned the restriction on the governor’s accounts by EFCC through a proxy, holding that it was wrong for EFCC to seize his two accounts in perpetuity without first investigating him or making him a party.
The court ruled that EFCC, like the police, was constitutionally empowered to investigate crimes allegedly committed by office holders, including those covered by Section 308, which grants immunity to governors.
However, it said under Section 308 of the 1999 Constitution, Fayose’s accounts could not be frozen under EFCC Act as long as he holds office.
The court, however, rejected Fayose’s request for an order of perpetual injunction against the respondents and declined to award N5 billion damages against them as prayed by the applicant.
The court held that the interim order obtained from Justice Mohammed Idris of a Lagos High Court on June 24 was fundamentally flawed on omission of the account holder.
The court described the action as a “suppression of fact to deceive the court” as the holder enjoys immunity.
Justice Taiwo held that his court could set aside the order and cited several authorities to buttress his position.
The judge held that EFCC did not follow due process by placing a restriction on Fayose’s accounts in a bid to preserve the “res” of the matter.
He said Section 34 of EFCC Act could not supersede Section 308 of the Constitution.
He said the first respondent (EFCC) could not freeze accounts of the applicant (Fayose) without putting him on notice.
The judge held: “While it is the position of the law that the court cannot jump into conclusion, the court is bound to protect the supremacy of the Constitution. All judges are expected to protect, preserve and defend the constitution.
“The applicant enjoys immunity under Section 308, he has the right to be heard before his property can be seized. Without hearing him, his constitutional right has been breached.
“The applicant is entitled to be heard before his property or money can be seized, doing otherwise will amount to denying him fair hearing and constitutional rights,” he said.
The EFCC’s lead counsel, Rotimi Oyedepo, was not in court.
Responding after the verdict, Ozekhome said the judgment proved the judiciary was alive, well and healthy.
Tag: EFCC
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Court orders EFCC, bank to lift restriction on Fayose’s account
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Court orders unfreezing of Fayose’s accounts
A Federal High Court sitting in Ado-Ekiti on Tuesday set aside an earlier order of a Federal High Court in Lagos empowering the EFCC to freeze two accounts of Gov. Ayo Fayose in Zenith Bank. The court ordered the immediate unfreezing of the two accounts belonging to the governor, saying the anti-graft agency did not follow due process.
Justice Taiwo Taiwo gave the order while delivering his judgment which lasted more than two hours in a suit filed by the governor through his counsel, Chief Mike Ozekhome.
The judge said the rights of the governor had been infringed upon, considering the circumstance of his office,apart from the immunity which Fayose currently enjoys as a sitting governor under Section 308 of the constitution, it was wrong for EFCC to freeze his two accounts in apparent perpetuity without first investigating him or making him a party.
The judge averred that rather than the EFCC freezing the governor’s accounts directly through the third party who did not enjoy any mandate from him, the governor himself ought to have been first investigated.
He described Fayose as “a genuinely deprived person who rushed to the court to seek constitutional protection.”
The judge stated that it was also the duty of any presiding judge to protect the said constitution and its interpretations whenever the need arose.
“The plaintiff is entitled to be heard before his property or money can be seized; doing otherwise will amount to denying him a fair hearing and constitutional rights,’’ he said.
The judge, however, refused to grant other reliefs sought by the governor, including a perpetual injunction restraining EFCC or its agents from further tampering with his property.
The judge also refused to grant another relief asking for payment of N5billion as exemplary damages.The judge said: “This court will not shield any person from due investigation.
“Since the police cannot be stopped from investigating a crime, same goes for the first respondent so as not to whittle down its functions.’’
EFCC lead counsel, Mr Rotimi Oyedepo, was absent in court while Fayose’s counsel said the judgment would checkmate the agency against “ brazen arbitrariness and excesses.’’
The accounts of the governor were frozen on June 21 over suspicion that the money found in the two accounts was proceeds of crime while the suit challenging this was filed on June 26.
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Court rules on Ibru’s bid to quash charges February 15
A Lagos High Court sitting in Ikeja has fixed February 15, 2017 for ruling on an application filed by a businessman, Mr. Goodie Ibru and three others seeking to quash charges filed against them by the Economic and Financial Crimes Commission (EFCC).
The court presided by Justice Raliat Adebiyi adjourned the matter after counsels to parties had made their submissions to the court.
Mr. Ibru is facing an 11 -count charge alongside three companies – Associated Ventures International Limited, IHL Services Limited and Clearview Investment Limited preferred against them by the EFCC for allegedly conspiring to steal various sums belonging to Ikeja Hotel Plc.
The EFCC said Mr. Ibru and others allegedly committed the offence between 2010 and 2015.
During proceedings on Tuesday, counsel to the defendants, Mr. O.Akoni (SAN) told the court of his pending application dated November 28, 2016 in which they are praying the court to strike out the charges.
Mr. Akoni said the application is supported by four- paragraph affidavit and written address and urged the court to grant the defendants’ prayer.
EFCC counsel, Mr. Ayokunle Fayanju, in his response, asked the court to dismiss the defendants’ application to quash the charges.
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Ex-NIMASA chief withdraws plea bargain proposal
A former Acting Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Haruna Jauro, has withdrawn his proposal to enter a plea bargain agreement with the Economic and Financial Crimes Commission (EFCC).
The commission arraigned him at the Federal High Court in Lagos for alleged N304.1million fraud.
Jauro’s lead counsel, Babajide Koku (SAN), had told the court on October 23 that his client would explore plea bargain agreement with the prosecution.
Justice Mojisola Olatoregun-Ishola urged the parties to reach an agreement without delay.
But on Tuesday, another defence counsel, Olalekan Ojo, informed the court that the plea bargain talks had broken down and that Jauro was ready to proceed with the trial.
It was learnt from a reliable source that Jauro changed his mind about the plea bargain proposal.
When EFCC’s lawyer, Nkereuwem Anana, made to lead the agency’s operative, Orji Chukwuma, in evidence, Ojo objected.
He said the prosecution did not serve his client with the witness statement as required by law prior to commencement of trial.
Anana admitted that the Chukwuma’s statement was not served on the defence, saying it was due to an “oversight.”
“It may have been due to the oversight of the person who filed the processes. We’ll ask for a short adjournment to put our house in order,” he said.
Justice Mojisola-Olatoregun held that the charge substantially complied with law since it contained the basic information regarding the allegations, including name of the defendant, date of offence and place, and particulars of laws violated.
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Mba to be arraigned on Jan. 24
The trial of former Director General of Nigerian Broadcasting Commission (NBC),Emeka Mba, could not hold due to the absence of counsel to the EFCC at Federal High Court, Abuja, on Tuesday.
EFCC’s counsel, Malam Salisu Majidadi, was not in court and was not represented when the case was called.
Mba is facing trial on an amended 15-count charge bordering on N2.9billion fraud. He is facing trial alongside the Director of Finance and Accounts,Patrick Areh, Basil Udotai and Babatunji Amure.
Counsel to Mba, Mr Sunday Ameh, said he was not informed on why the EFCC was not represented in court. He would have asked the court to strike out the case if the defendant was already arraigned.
“We are surprised they are not in court. We are also not aware of the reason for their absence”, Ameh said.
Counsel to the other defendants aligned themselves with Ameh’s submission.
The judge, Mr Gabriel Kolawole, adjourned the matter to Jan. 24, 2017 for arraignment.
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EFCC seeks foreign help to locate assets of ex-governors, ex-ministers
•Tracks more accounts, assets of suspects in UAE, UK, US over arms deal
The Economic and Financial Crimes Commission (EFCC) is to enlist the services of foreign assistants to trace the foreign accounts and properties of some former governors, ex-ministers, businessmen and a few heads of parastatals who have been under discreet probe.
Some of the ex-ministers and governors had either been questioned by the EFCC or put on trial in connection with the rot in the oil sector and the N23.29billion poll bribery scam.
Also, the agency is still tracking some foreign accounts and assets of some suspects implicated in the $2.1b arms deals.
The affected assets are suspected to be located in the United Arab Emirates, the United Kingdom, the United States, Switzerland, Russia, South Africa, France and Mali.
It was learnt that the anti-graft commission has been making clues available to some of these countries.
A few of the houses under investigation in the UK and in the United States include those at 93b Shirehall Park, London, NW42QU; 50 Tenterden Grove, NW41TH; at 22 Parkwood, St. Edmunds Terrace, St John’s Wood, London, NW8 7QQ; 67, Wades Hill, Winchmore Hill, London, N21 1AU; 27 Tavistock Square, Holburn, London, WC1H 9HH ; 1220 West Highway, Silver Spring, Maryland(Zip Code of 20910); 11711 Scooter Lane, Fairfax, VA 22030; 4227 Summit Manor Ct, Fairfax, VA 22033; and in Maryland at13116 Silver Maple Ct, Bowie, MD 20715;
Others include $8.6 million duplex on Fifth Avenue in New York; Catonale 17, 6948 Porza in Tocina(Geneva, Switzerland); 775 Sarbonne Road, Los Angeles; 952 North Alphine Drive, Los Angeles; 815 Cima Del Mundo, Los Angeles, 1049 Fifth Avenue, New York, 1948 & 1952 Tollis Avenue, Santa Barbara; 157 West 57th Street, New York, 4100 Le Reve, Dubai ; and Grove End Road, London and Colina D’oro, Montagnola, Switzerland.
A top source in the commission said: “We have been able to identify about 25 choice mansions but we are still tracking more foreign accounts and assets of some of the suspects involved in the $2.1billion arms deals and the N23.29billion poll bribery scam.
“Some of these suspects actually stashed their looted funds abroad, including the UK, UAE, US, Switzerland, Russia, South Africa, France, and Mali. We will locate all these accounts in other jurisdictions.
“Some of the accounts were slush types which were operated through some fronts, especially companies. A few of the mansions were bought in corporate names to shield the identities of the owners.”
Responding to a question, the source added: “We have been trying to trace the assets of some ex-governors, ex-ministers and a few heads of agencies in some of these countries. In fact, we have written to some foreign jurisdictions on some former governors. Some of these assets are located in Marina in Dubai and others in Abu Dhabi.
“There is the case of a former minister who is under investigation with a choice property in the United Kingdom. We are looking at the possibility of seeking assistance to seize the asset.
“But the process of confiscating such assets is cumbersome because in some of these countries, their laws are very strict. You have to provide sufficient evidence before the court. But we are up to the task.
“So far, we are enjoying the cooperation of relevant agencies in other jurisdictions to track these illicit accounts and ill-gotten assets. By the time the trial of the ex-Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke begins, you will see how far we have gone on her case. The process is tedious but it is worth it.”
In the past few years, politically exposed persons in the country and their cronies have stashed looted funds in the UK, US, UAE, Switzerland, France, Seychelles, and Island of Jersey.
Some of the looted funds include $723 million (about N142.43 billion) repatriated from Switzerland in the last 10 years; $200b allegedly stashed in UAE; $480m to be released to FG by US; £22.5 million (N6.18billion) recovered from Island of Jersey; and about £400b in Europe, Asia and America. The Swiss government in March confirmed that it had so far returned $723 million (about N142.43 billion) of stolen funds seized from the family of the late former head of state, Sani Abacha, to the Nigerian government in the last 10 years. The amount excluded the $321million (about N63.24 billion) which the Swiss authorities recently said it was planning to repatriate to Nigeria.
The Chairman of the Senate Committee on Foreign and Domestic Debts, Senator Shehu Sani, said over $200 billion had been hidden in the UAE.
He said: “Over $200 billion are stashed away from Nigeria to Dubai alone. This may the monies stolen since in the past 20 years. I am not talking about estates and bonds and other securities bought with Nigeria stolen money.” -
Oronsaye: Court adjourns no case submission hearing until Feb. 7
An Abuja high court sitting in Maitama on Friday adjourned a no case submission hearing filed by Steve Oronsaye, former head of service until Feb. 7, 2017.
Oronsaye, who was the chairman, Presidential Task Force Committee on Anti-Terrorism Financing, set up by former president Goodluck Jonathan.
He was put on trial on the breach of trust and diversion of N190 million made available for the committee.
At the resumed hearing on Friday, counsel to Oronsaye, Chief Kalu Agabi (SAN), sought the order of the court to file a no-case submission, saying the prosecution had not made any case against his client.
The judge, Justice Olasumbo Goodluck, then granted the application and ordered that the motion is filed and also be served immediately to the prosecution.
Goodluck then adjourned hearing in the no case submission until Feb. 7.
At the last sitting, the prosecution closed his case after calling six witnesses to testify.
The 6th and the last prosecution witness, Hamma-Adams Bello, an officer with the EFCC, told the court that the investigation was approved by former EFCC boss, Ibrahim Lamurde following the receipt of two petitions against the defendant.
During cross-examination by Ade Okeaya-Inneh (SAN), counsel to Oronsaye, Bello told the court that the petitioners were anonymous and their addresses were not clearly stated.
He, however, added that in spite of that, the petitions were investigated and found that Oronsaye was the sole signatory on two bank accounts of the Committee, one at Zenith Bank and the other at Access Bank .
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Dariye: Absence of defence witness stalls trial
The trial of former governor of Plateau, Chief Joshua Dariye, was on Friday stalled in an FCT High Court Gudu, due to the absence of defence witness.
Dariye, who is facing a 23-count charge bordering on money laundering and diversion of an ecological fund to the tune of N1.162billion, was present in court.
The defence counsel, Mr Fidelis Kaatpo, holding the brief of Mr Garba Pwul (SAN), told the court that two of the witnesses were yet to be served summons.
“The court bailiff was unable to serve them because they were not reachable,’’ he said.
He also said that the witnesses reside in Jos.
In his response, the EFCC lead prosecuting counsel, Mr Rotimi Jacobs (SAN), expressed concern that unnecessary adjournments may delay the conclusion of the matter.
The trial judge, Justice Abebukola Banjoko, ordered that a fresh court summons is served on the witnesses.
She adjourned the case till Tuesday, Dec.13 for the continuation of defence.
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N754 m theft: Ex NIMASA director accuses EFCC of forcing him to make statement
A former Director with the Nigerian Maritime Administration and Safety Agency (NIMASA), Captain Ezekiel Bala Ahaba on Wednesday told a Lagos Highly Court sitting in Ikeja that he was deceived by officials of the Economic and Financial Crimes Commission (EFCC) into making and signing a statement.
He said the statement which the EFCC claimed he made was not given voluntarily by him.Ahaba’s claim was however denied by EFCC prosecutor, Rotimi Oyedepo.
He insisted that the defendant voluntarily made his statement to the commission and promised to provide the court with proof that Agaba was not in any way forced to make statement.Agaba, who is standing trial alongside a former Director General of NIMASA, Patrick Akpobolokemi and others for allegedly stealing over N754,740,680.00 million belonging to NIMASA spoke during a trial within trial conducted before Justice Raliatu Adebiyi.
The EFCC had arraigned Captain Agaba, Akpobolokemi, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia, and a company, Gama Marine Nigeria Limited before the court presided by Justice Raliat Adebiyi.
The defendants are facing a 13-count charge bordering on stealing.
Led in evidence by his counsel, Edoka Onyeke before the court, Agaba claimed that one Orji Chukwuma, an operative of the EFCC who interrogated him deceived him to write the statement he gave to the agency.
He told the court: “Chukwuma had a strategy of asking a question and before I write he asked me again what I intend to write and when I tell him he would refused and ask me to write it his own way.
“I complained and asked my lawyer to be present to guide me but he told me that this has nothing to do with my lawyer. So I got so frustrated and decided to do it his way.
“I am challenging this statement because I had never been in this kind of situation before. Though I am not a lawyer, but I knew from the way the whole thing went that I was being coerced and this was not right”.
Captain Agaba who is the second defendant in the suit told the court that he was arrested on August 18, 2015 and released on the August 20, 2015 at about 9:20pm. said he did not voluntarily made any statement to EFCC.
According to him, “I was told what to write even though they made me sign that I freely elected to write whatever had been written. I was even told that I was not the target so I should cooperate.“The interrogator used all sorts of tactics to make me cooperate in doing it their own way, including delay tactics”, he claimed.
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Lawyer urges EFCC to release ex-FCT minister Mohammed
LAWYER to former Minister of Federal Capital Territory (FCT) Chris Uche (SAN) has urged the Economic and Financial Crimes Commission (EFCC) to release him from detention.
Uche, in a statement he signed yesterday, said Justice Baba Yusuf of the FCT Court 4 on Tuesday, November 29, granted bail to the former minister, Senator Bala Mohammed, on the same conditions as the administrative bail earlier granted to him by the commission on October 25.
“Your commission was fully represented at the hearing by your lawyer. Thereafter, a drawn-up, signed and certified copy of the court order was served on you, along with a production warrant…
“Regrettably, notwithstanding the court order, you have refused to release our client or produce him to the court for his release on bail as ordered. Our clent had since fulfilled the bail conditions as contained in the court order before the Court Registry, but you have refused to obey the court’s order
“We hereby give notice that if you continue in default of the order of court, our client shall be left with no other option, but to commence committal proceedings before the court against the commission for disobedience of court order,” the lawyer said.
Mohammed is spending the sixth week in detention without any formal charges or any indication that he would be released any time soon, even after meeting his bail conditions.
A few days before he was granted bail by Justice Yusuf, the EFCC, reneging on an earlier undertaking to release the former minister, instead went to another court to secure an extension of the remand order.
The judge discountenanced the action on the ground that there was no evidence to back the order.
In his ruling on bail, Justice Yusuf said: “The presumption of innocence will lose its meaning if an accused in a non-capital offence is denied bail.
“The respondent appears to have taken cognisance of these facts when it granted administrative bail to the applicant on October 25, 2016. I am, therefore, surprised when the respondent opposed his bail application by filing a copious counter-affidavit…
“I have considered the circumstances and it is my view that the right to bail is constitutional.”
Uche hailed Justice Baba Yusuf for the judgment, which he described as courageous, especially given the times. Many observers have lauded Justice Yusuf’s action as a bold step to maintain the integrity of the judiciary against defiance by the executive branch.
They cited the case of Commodore Mohammed Umar (rtd), a member of the Presidential Investigative Committee on Arms Procurement, whose continued incarceration in defiance of bail triggered a battle of wits between Justice Nnamdi Dimgba of the Federal High Court and the Directorate of State Services (DSS).
The former member of the arms procurement panel had been arraigned before Justice Dimgba by the DSS on allegations of money laundering, possession of fire arms and violation of official Secret Act. He was granted bail by the court.