Tag: EFCC

The Economic and Financial Crimes Commission (EFCC) yesterday re-arraigned former Adamawa State Governor Murtala Nyako, his son Abdullazeez, and seven others at a Federal High Court, Abuja, for alleged N29 billion fraud.

The defendants, who were first arraigned last year before the late Justice Evoh Chukwu, pleaded not guilty.

Nyako, his son, Zulkifikk Abba, Abubakar Aliyu, Blue Opal Limited, Sebore Farms and Extension Limited, Pagoda Ventures Limited, Tower Assets Management Limited and Crust Energy Limited were arraigned on a 37-count charge before Justice Okon Abang.

The late Justice Chukwu admitted the defendants to a bail of N350 million each and two sureties.

The Prosecutor, Adebisi Adeniyi, urged the court to accept the charge and allow same be read to the defendants for their plea.

When the matter was read to the defendants by the registrar, they pleaded not guilty.

Adeniyi applied that the court should make the sureties sign an affidavit in readiness to continue as sureties to the defendants.

Justice Okon Abang ordered that the defendants continue to enjoy the conditions of the earlier bail granted by the late Justice Chukwu.

He said the request of the prosecutor that the defendant’s sureties file a fresh affidavit could not be granted because the prosecution counsel failed to oppose the oral application made by the defendants and the court could not verify the earlier bail condition.

“I cannot review an earlier bail condition by adding that the sureties should file an affidavit in readiness to the defendants.

“It is the duty of the defendants to inform their sureties that the matter has been reassigned to this court for trial and the defendants shall hold their bail condition granted by the late Justice Chukwu, “ he ruled.

The court adjourned till November 17 and 22.

•How agency sought presidential directive to release N10b to NBC

THE Economic and Financial Crimes Commission (EFCC) may file charges against a former Director-General of the National Broadcasting Commission (NBC), Emeka Mba, and three others, over alleged N15 billion Digital Switchover project, it was learnt yesterday.

The others are Director of Finance and Accounts Patrick Areh; Basil Udotai, managing director of Technology Advisors Ltd, and Managing Director of In-View Technology Ltd as well as D-Vine Partners Ltd Babatunde Amure.

The EFCC said N15, 038,400,000 was collaterised when the contract sum was N9.6 billion.

Contrary to claims by the NBC, the EFCC asked for a presidential directive to release N10 billion to the Ministry of Information to continue the digitisation project.

According to a document obtained by The Nation, the EFCC uncovered abuse in the procurement process.

It also discovered that of the N15 billion vote, only N4,977,227,400 was accounted for, leaving a balance of N10,061,172,600, unexplained.

The document said: “From the findings, we can clearly state that a prima facie case of criminal conspiracy, money laundering, theft, abuse of office and official corruption has been established against the suspects, namely: Emeka Mba, former NBC DG; Director of Finance and Accounts Patrick Areh; Basil Udotai, MD, Technology Advisors Ltd, and MD of In-View Technology Ltd as well as D-Vine Partners Ltd Mr. Babatunde Amure.

“It was observed that only seven of the 12 companies opened and funded letters of credit amounting to N3.6 billion.

“The companies were supposed to obtain facilities from the banks and execute the contracts after which they shall be paid by the NBC since cash collateral had been secured by the bank, not to use the collaterised fund letters of credit as the bank did.

”That officials of NBC responsible for procurement process, the director of Technology, who is in charge of the spectrum bandwidth and the store officers denied knowledge of such contract.

“That 12 companies were discovered to have been licensed and contracted to supply the digital set top boxes from China by NBC, which placed N15,038,400,600 in Zenith Bank as collateral/guarantee for the supply.

“ However, only seven of the 12 companies opened letters of credit, amounting to N3.6 billion while N1.237,400,000 was for the Digital Access fee paid to In-View Technology, making N4,977,227,400 and leaving a balance of N10,061,172,600 which could not be explained.

“That the managing partners of Technology Advisor, who was paid N2,899,400,000 could not provide any evidence of service(s) rendered by his firm to warrant such payment.

“That the amount paid was beyond the NBC’s threshold. It is an amount that can only be approved by the FEC.”

On the auctioned spectrum, the document said: “That till this moment, the NBC has not provided any documents to show if there was a competitive bidding special auction or tender for the spectrum as directed by the then President as regard the lease of 700MH Spectrum Bandwidth.

The document showed that it was the EFCC, which recommended a presidential directive to release the funds to the Ministry of Information for the Digitisation project.

“The records are clear. What the NBC said was incorrect because it was the EFCC, which asked for a presidential directive to release the N10 billion.

“It is sad that the NBC was trying to mislead the public,” a top source said.

The document gave details of how the alleged fraud was deducted and how the EFCC raised a memo to release the N10 billion to NBC.

The document added: “That a meeting of representatives of NBC, Zenith Bank, EFCC and minister of Information was held at the Minister’s Office where both Zenith Bank and the NBC were queried as to why N15,038,400,000 was collaterised when the total contract sum is N9.6 billion.

“The meeting resolved that there was need for further investigation to be carried out and concluded that excess funds be recovered by the EFCC.  About N10, 061,172,600 was eventually recovered by the commission.

“Meanwhile, the N10,061,172,600 in EFCC recovery account may be released to the minister of Information through a presidential directive to enable him continue Digital Switchover project as requested.”

In a letter to EFCC chairman, the ex-NBC DG and others insisted that there was no fraud.

They made their position known through their counsel, Mr. O.J. Onoja (SAN).

The letter reads: “There is and was no scam of N3.4 billion or in any amount that our clients are aware of. Specifically, in relation to Technology Advisors, a proposal was submitted to NBC, which was brought up to the members of the commission for review.

“The salient aspects of the proposal referred to the then members of the commission for consideration were the assignments to be performed by Technology Advisors, and the fees, which the firm demanded.

“Upon review, our clients agreed that the firm should be engaged to proceed with the assignment as presented but that the fees of 20 per cent demanded should be reduced to 10 per cent.”

The Economic and Financial Crimes Commission (EFCC) yesterday insisted that Mr. Rickey Tarfa (SAN) falsified his age in an official statement he made at the commission’s Ikoyi, Lagos office last February 5.

Prosecution witness Tosin Owobo testified yesterday before Justice A. A. Akintoye of the Lagos State High Court, Igbosere, that what Tarfa declared on the age declaration form he filled differed from what he declared in other official documents.

Tarfa is standing trial on a 27-count charge bordering on offering of gratification to a public officer, failure to declare assets and making a false statement of age.

According to the charge, the lawyer allegedly made the false statement on February 5, to one of the agency’s senior detectives, Usman Zakari, by claiming that he was 43 years’ old.

Owobo, an EFCC operative, stated during cross examination that while investigating Tarfa, the anti- graft agency requested for information on his account from three banks: Guaranty Trust Bank (GTB), Zenith and Fidelity banks.

He said GTB’s response indicated that Tarfa was born on February 23, 1962, making him 54 years old, which corresponded with the age on his International Passport, but that, according to Tarfa’s statement made before the commission, he was 43.

In furtherance of the commission’s claim that the lawyer offered gratification to a public officer the witness revealed two payment made in Tarfa’s domicilary GTB account.

Owobo said the defendant paid a cash sum of $10,000 on November 21, 2013 and another cash deposit of $10,000 into the same account last January 29.

Justice Akintoye adjourned the matter till today for continuation of trial.

At the last adjourned date on June 28, Owobo, led in evidence by EFCC counsel, Mr. Rotimi Oyedepo, alleged that Tarfa paid money into the bank accounts of two Federal High Court judges.

Malam Is’haq Modibbo-Kawu, Director General of Nigeria Broadcasting Commission (NBC), said yesterday that Economic and Financial Crimes  Commission (EFCC), has been directed to return the N10 billion seized from it.

Modibbo-Kawu, who announced this  in Abuja yesterday, said President Muhammadu Buhari gave the directive.

The money was seized by EFCC during the tenure of former DG of NBC, Mr Emeka Mba.

Modibbo-Kawu said the money was still in the custody of the anti-graft agency but that President Buhari had ordered that it be released to the commission.

He said the EFCC was expected  to give further details on the release  process  in due course as directed by the President.

Mba, Basil Udotai and his company, Technology Advisor LLP, were accused along with others by the EFCC of having a hand in an alleged diversion of N10 billion from the N34 billion paid by the MTN to the NBC.

The amount was part of the money meant for digital television broadcasting in the country.

EFCC had also alleged that the money was transferred to a bank in breach of Federal Government’s directive on Treasury Single Account.