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Tag: EFCC

  • Court warns EFCC, Magu over Austrian unlawful detention

    The High Court of the Federal Capital Territory (FCT), Abuja, on Thursday warned the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ibrahim Magu, over the unlawful detention of an Austrian, Wolgang Reinl, by officials of the commission.

    The warning was contained in a Form 48 (notice of consequences of disobedience to court orders) issued by the court’s registry.

    The Form 48, which is the initial steps in the commencement of contempt proceedings against an alleged contemnor, was informed by the refusal of the EFCC and Magu to obey the orders made by the court in recent judgments.

    Justice Peter Affen had on April 20, after listening to Reinl’s lawyer, Mazi Afam Osigwe, argued an application for the fundamental rights enforcement, held that Reini’s detention at the EFCC office at Wuse 2 ,Abuja, from December 28 last year  to February 5, 2016 was  unlawful, unconstitutional and constitutes a gross violation of his fundamental right to dignity of human person and personal liberty

    The judge declared that the seizure of the applicant’s passport by the EFCC constitutes a gross violation of the applicant’s right to freedom of movement contrary to Article 12(2) of the African Charter on Human and Peoples” Rights.

    Justice Affen  order that “the respondent (EFCC) shall release forthwith the applicant’s International Passport seized or confiscated in the wake of his arrest and detention and delist him from their watch list or no fly list.

    “The respondent shall pay forthwith to the applicant the sum of (N10,000,000) as compensatory damages for the violation of his fundamental rights to dignity of human person and personal liberty,” the judge ruled.

    Osigwe said almost two weeks after the court’s decision, the EFCC and its chairman have “bluntly and flagrantly refused to either release the applicant’s international passport or pay the N10million compensation as ordered by the court.”

  • Jonathan’s cousin petitions Dogara over detention

    Former President Goodluck Jonathan’s cousin, Azibaola Robert, has sought the intervention of the House of Representatives over his alleged detention without charge by the Economic and Financial Crimes Commission (EFCC).

    Robert’s family, in a petition to the leadership of the House, is seeking for justice in the violation of his fundamental human rights.

    The petition alleged that the arrest and detention of Robert was part of a larger plot by the anti -graft agency to implicate the former President.

    While faulting the allegations against Robert, the family claimed that he carried out a job for the Office of the National Security Adviser (ONSA) that was still indebted to his company.

    The petition reads in part: “Mr. Azibaola Robert is the Managing Director of ‘Kakatar Engineering and Construction Company Limited’ and its sister company, ‘One Plus Holdings Limited’. He is a cousin to former President Goodluck Ebele Jonathan, and a law abiding and peace loving Nigeria.

    “Recently, operatives of the Economic and Financial Crimes Commission (EFCC) arrested the said Mr. Azibaola Robert over allegations of a $40 million contract which the Office of the National Security Adviser (ONSA) awarded to ‘One Plus Holdings Limited’ for the surveillance and security of oil pipelines across the Niger Delta.

    “The ONSA is at present indebted to the company (One Plus Holdings Limited) to about $4 million, being final payment for the said surveillance/oil pipeline security contract.

    “Mr. Azibaola Robert was arrested and taken into EFCC custody on 23rd March, 2016 and has since spent over a month in EFCC detention, without any formal charge brought against him. Preceding his arrest, however was a raid on his house by scores of heavily armed mobile policemen who in the process subjected his wife and young children to the most dehumanizing and traumatic ordeal.”

     

  • Ex-CP to be arraigned for N10m fraud

    The Economic and Financial Crimes Commission (EFCC) on Wednesday said it has concluded plans for the trial of a retired Commissioner of Police, Mohammed Sambo, before a Federal Capital Territory High Court in Maitama, Abuja.

    The ex-CP will be arraigned Thursday on a one-count charge bordering on criminal breach of trust and obtaining N10m by false pretence.

    According to a statement issued by the Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, the suspect allegedly conspired with one Nuhu Bello Dabai to extort the managing director of a firm of N10million.

    The statement said: “Sambo, who connived with one Nuhu Bello Dabai, had allegedly duped the complainant, Managing Director/ CEO, Ideal Sunbeam International Company Limited, Abdul Malik Bello, of the sum of N10, 000, 000.00, after claiming that he needed to defray both the survey and other preliminary expenses involved in the execution of a contract worth over N1 billion purportedly awarded him by Zamfara State Governor, Abdul Aziz Abubakar Yari.

    “The accused person was subsequently arrested and granted an administrative bail by the commission on January 19, 2015.

    “He, however, jumped the administrative bail granted him on April 7, 2015. After playing hide-and-seek, he was eventually re-arrested on Wednesday, May 3, 2016.”

     

  • How NIMASA’s N498.2m was disbursed – EFCC witness

    How NIMASA’s N498.2m was disbursed – EFCC witness

    An Economic and Financial Crimes Commission (EFCC) witness, Mrs. Olamide Odusanya, on Wednesday testified that the former Director-General of the Nigerian Maritime and Safety Agency (NIMASA),  Patrick Akpobolokemi, approved a payment of N498, 200,000, which was then disbursed into various accounts.

    Odusanya, a NIMASA Assistant Director in the Financial Services Department, testified before Justice Raliat Adebiyi in a N754,740,680 fraud  case brought against Akpobolokemi and six others by the EFCC.

    Other defendants are – Capt. Ezekiel Agaba, Ekene Nwakuche, Governor Amechee Juan, Vincent Udoye, Captain Adegboyega Sahib Olopoenia and a company, Gama Marine Nigeria Limited.

    The EFCC alleged that the defendants diverted N754.7million meant for the implementation of Voluntary International Maritime Organisation Member State Audit Scheme at NIMASA.

    Odusanya, who was cross-examined by the prosecuting counsel, Rotimi Oyedepo, said requests for money to be spent by NIMASA were routed to the President through the Office of the National Security Adviser.

    She added that Akpobolokemi was the agency’s Chief Accounting Officer and no financial transactions took place without his approval.

  • EFCC traces Diezani’s $115m bribe to stolen oil

    EFCC traces Diezani’s $115m bribe to stolen oil

    Ex-minister, others to face trial

    INEC chiefs’ accounts frozen

    WHO GOT WHAT?

    •Mrs Gesila Khan (for collecting  N185, 842,000 out of a N681m bribe)
    •Fidelia Omoile (Electoral Officer in Isoko-South Local Government Area of Delta State) —N112,480,000
    •Uluochi Obi Brown (INEC’s Administrative Secretary in Delta State)
    —N111,500,000
    •Former Deputy Director  of INEC in Cross River State, Edem Okon Effanga
    —N241,127,000
    •Head of Voter Education in INEC in Akwa Ibom, Immaculata Asuquo
    —N214,127,000

    What is the source of the $115 million bribe for election officials to alter the results of the 2015 presidential election?

    The Economic and Financial Crimes Commission (EFCC) believes the money came from proceeds of stolen crude oil.

    “Our operatives have discovered that the $115 million came from stolen crude oil. They got it from former Petroleum Resources Minister Mrs Diezani Alison-Madueke,” a top EFCC official said yesterday.

    The official pleaded not to be named because of what he described as the “sensitivity of the matter”.

    He added: “We will uncover how they came about the stolen crude oil and those used to siphon the oil in order to deny the nation of revenue.”

    The EFCC has frozen all the accounts of top officials of the Independent National Electoral Commission (INEC) and oil chiefs implicated in the $115m (N23.29b) bribery.

    This, said another source, is in preparation for the arraignment of some suspects, including Fidelity Bank Managing Director Nnamdi Okonkwo.

    Charges might also be preferred against Mrs. Alison-Madueke, who investigators believe is central to the coordination of the huge bribe given to poll officials to alter the 2015 presidential election results.

    Besides, the EFCC plans to arrest owners of oil companies believed to have contributed the cash because they have failed to report for interrogation.

    “Our operatives are on the trail of members of the cartel behind the theft of crude.

    “We have blocked all the accounts of all the INEC officials, bank officials and oil chiefs connected with the poll bribery scandal,” the source said.

    Also yesterday, The Nation learnt that the embattled Resident Electoral Commissioner of INEC in Cross River State, Mrs. Gesil Khan, was granted administrative bail on Sunday.

    She is expected to report at the EFCC office today as part of the conditions for the bail.

    Others have also been granted bail, pending their trial.

    Mrs. Khan is to be reporting to the EFCC’s office on scheduled dates agreed with her.

    On the owners of the oil firms allegedly involved in the scandal, the top EFCC source added: “We have quizzed  Leno Adesanya but it is apparent that we have to arrest others this week because they have refused to show up for interrogation.

    “Certainly, we are closing in on more suspects whom we will pick up before the week runs out.”

    As at last night, the EFCC was finalizing plans to arraign some suspects on the bribery.

    Those pencilled for trial are Diezani (in absentia), Okonkwo and Fidelity Bank’s Head of Operations, Martin Izuogbe, Mrs Khan (for collecting  N185, 842,000 out of a N681million bribe); Fidelia Omoile( Electoral Officer in Isoko-South Local Government Area of Delta State)—N112,480,000 ; Uluochi Obi Brown( INEC’s Administrative Secretary in Delta State)—N111,500,000; a former Deputy Director  of INEC in Cross River State, Edem Okon Effanga—N241,127,000 and the Head of Voter Education in INEC in Akwa Ibom, Immaculata Asuquo—N214,127,000.

    The source added: “Very soon, we will arraign them in court. Some of them have admitted that they shared out of the bribe sum. Having recovered more than  N408.7million from some of the beneficiaries of the slush funds, we are set for trial.

    “As for the bank, it even refunded N49.7m profit made from the deal. With this, the culpability of the bank is not doubtful at all.

    “Since we have blocked  or frozen some accounts, we can recover these ill-gotten cash through court process.”

  • High-profile fraud: EFCC probes four judges frustrating probe

    High-profile fraud: EFCC probes four judges frustrating probe

    •Considers tribunal to try suspects

    Four high court judges in the Federal Capital Territory (FCT) are currently under the radar of the Economic and Financial Crimes Commission (EFCC) for allegedly frustrating the probe of high-profile corruption cases.

    The judges are said to have developed a penchant for going soft with suspects who approach their courts to stop their trial for corruption by EFCC.

    Their courts, The Nation gathered yesterday, have thus become an attraction for suspects who want to frustrate their trials.

    The anti- graft agency is already mulling the idea of a tribunal to try suspects with overwhelming evidence of corruption cases against them.

    A well placed source in EFCC said the agency’s suspicion was aroused by spurious injunctions’ persistently coming from the judges.

    “In the past few weeks, we have discovered that almost every day, there was one judgment or the other against us. We have been subjected to arrangee injunctions,” a well placed source said.

    “Some judges in the FCT have been bought over by some high-profile suspects on trial for corruption. From our findings, four judges are involved.

    “We are trying to reach out to the Chief Judge of FCT, Justice Ishaq Bello on our observations and the ethics of the Bench. What these big suspects do is that they always try to compromise these four judges. Thereafter, they bring applications to their courts under the enforcement of fundamental human rights to get reprieve and frustrate investigation by EFCC.

    “Even before we interrogate these suspects, the judges would have issued orders for their release.”

    The source said that although there are designated judges handling corruption-related matters “maybe we will come up with a tribunal to fast-track the trial of all these suspects who have looted our treasury.”

    The source however said that “the judges at the Federal High Court have improved on their treatment of corruption cases.”

    The EFCC recently lodged a formal complaint of alleged misconduct against Justice M. N. Yunusa  (Federal High Court) with the National Judicial Council  (NJC).

    He was alleged to have been bribed with N225,000 by a Senior Advocate of Nigeria (SAN), Mr. Rickey Tarfa.

    It was not immediately clear if these four judges might be referred to the NJC.

    A petition against a judge passes through four stages in NJC as follows:

    • Receipt of a petition by CJN.
    • Sending the petition to the Preliminary Complaints Assessment Committee (PCAC) to determine the merit or otherwise of the issues.
    • Genuine complaint goes to NJC Plenary
    • NJC raises Fact-Finding Committee to hear from the petitioner(s) and the defendants and their lawyers.

    The NJC and the President are empowered to determine a judge’s fate in line with the process outlined by the  Part I, Paragraph I, Section 21(b) of the Third Schedule to the  1999 Constitution (as amended) and  Section 292(1)( a)(i)

    Part I, Paragraph I, Section 21(b) of the Third Schedule to the Constitution reads: “For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “the NJC shall have power to recommend to the President the removal from office of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”

    Section 292(1)( a)(i) says: “A judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances (a) in the case of the Chief Justice of Nigeria,  the President  of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the  High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President( of Nigeria), acting on an address supported by two-thirds majority of the Senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct.”

  • How I became special fraud investigator, says EFCC boss

    How I became special fraud investigator, says EFCC boss

    The Acting Chairman of the Economic and Financial Crimes Commission( EFCC), Mr. Ibrahim Magu, yesterday gave the secret behind his outstanding record as a special fraud investigator.

    He said his study of Accounting made him to stand out as an investigator.

    Magu made the revelation in Abuja when the President of the Association of National Accountants of Nigeria (ANAN), Anthony Chukwuemeka Nzom, and other leaders of the body paid him a courtesy call.

    He said: ‘‘It is because of my basic knowledge in accounting that made me stand out in special fraud investigations.”

    “I thank you for your visit. I promise to support your cause, particularly because of the long-standing relationship between the association and the Special Control Unit Against Money Laundering (SCUML).”

    On his part, Nzom, who led a delegation of national and state executives of the association, said:  ‘‘Very soon, we shall be opening our resource centre. Some people have donated money for us to complete the centre. When it is completed, we would like you to send resource persons, at least once in three months, to train our members in forensic accounting.”

    He hailed the appointment of Magu as the acting Chairman of the EFCC, describing it as a round peg in a round hole.

    He said: ‘‘This position is well-deserved. You have been a member of the  ANAN for nine years and you have been representing the association very well.

    ‘‘I want to also express my gratitude to President Muhammadu Buhari for deeming it fit to appoint you to this esteemed position. I am highly honoured that you could spare some time with us.

    “We congratulate you on your well-deserved appointment. If you did not merit it,  you won’t be here. You merited it by your intelligence, professionalism and integrity. We are grateful to Mr. President for giving you this opportunity to serve the nation.”

    The Secretary to the commission, Emmanuel Aremo Adegboyega, in his closing remarks, thanked the ANAN for the visit.

    He urged them to patronize the EFCC Academy for their activities

  • N3.4b fees: Embattled ex-NBC DG, others write EFCC

    N3.4b fees: Embattled ex-NBC DG, others write EFCC

    EX-Director-General of the National Broadcasting Commission (NBC), Emeka Mba, and 10 former board members have written to the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, to ask for separate timelines to appear for interrogation.

    They insisted that there was no scandal on the payment of 10 percent broker fees of about N3.4 billion to a Technology Adviser.

    For the first time, they opened up on how 700Mhz  spectrum was sold to MTN

    The EFCC invited Mba and nine others to explain payment of the 10 per cent fees before receiving presidential approval.

    Others invited by the EFCC are Professor Herbert Orji (chairman), Mohammed Kabir Umar, Mike Iheanetu, Yakubu Busa Buji, Ebenezer Ayorinde, Isa Badamasi Dahiru, Prince Dennis Sam, Jude Nnodum (SAN) and Peter Damam (representative of the Ministry of Information).

    But the former 10 NBC chiefs and the Technology Adviser, Basil Udotai, insisted they did not commit any fraud while in office.

    They made their position known through their counsel, Mr. O.J. Onoja (SAN), in the April 26, 2016, letter to EFCC chairman.

    The letter said : “There is and was no scam in the 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 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 proceed with the assignment as presented but that the fees of 20 per cent demanded should be reduced to 10 per cent.”

    They said there was no basis for MTN to know the Technology Adviser.

    The letter added: “Our clients failed to see or understand the need for this as an issue. Technology Advisors were not hired by MTN.

    “The firm was hired by NBC. Why does MTN need to know Technology Advisors, except as lawyers to NBC?

    “The Technology Advisors confirmed that they informed EFCC investigators that in their dealings with MTN during the special auction phase of the transaction, and afterwards in negotiating and drafting the Digital Terrestrial Television (DTT) license agreement, etc they interacted at the executive level of the telecoms company, principally with Mr. Akinwale Goodluck, former Executive Director, Corporate Services; Mr. Michael Ikpoki, former Managing Director; Mr. Quasim Odunmbaku, Senior Manager, Regulatory Affairs; as well as Mr. Mena Ajakpovi of the law firm of Abraham & Co., who represented MTN as external solicitors, and Mr. Oliver Nnona, as consultant to MTN. “

    They insisted that the N3.4 billion was not brokerage fees as claimed by EFCC.

    They said: “Whoever came up with the notion of brokerage fee must either not understand the transaction or is mischievously forcing strange concepts into an otherwise clear transaction for which the then members of the commission were approached for approval.

    “The fees, as our clients understood it, was for legal services before, during and after the funding process – including but not limited to preparation of the memoranda and documentation for the approval of the minister and the President; formulating the framework for competitive bidding, within the limits allowed by the NBC Act and the regulations (described as Special Auction), negotiating and drafting the Licence Agreement and other legal documentations with the successful licensee, and continue to work to assist the NBC clarify legal or regulatory issues that may come up post-licensing, and manage all legal risks that may arise in the transaction phase of the project as Transactions Attorney, etc.

    Notwithstanding, they asked for separate timelines to face EFCC investigators because  some of the NBC chiefs are abroad.

    The letter said: “In view of the foregoing, our clients have instructed us to demand that the EFCC accords them extension of time to appear in the following order:

    “Those who have received their invitation and are available in Nigeria may attend on the date of their invitation, if convenient;

    • Those within Nigeria but yet to receive their invitations should be accorded at least one week notice to appear, in the hope that the letter of invitation would have been received within that time; and
    • Those outside Nigeria, whether or not they receive their invitation, should be accorded the benefit of their travel time and allowed to appear only when they return to the country.”
  • Reps to probe EFCC, ICPC, others over N4tr recovered loot

    Reps to probe EFCC, ICPC, others over N4tr recovered loot

    The House of Representatives is to investigate Nigeria’s anti-graft agencies over the whereabouts of N4 trillion recovered public funds since 1999.

    This came as the lawmakers denied insinuation that N100 billion was approved for zonal intervention projects for members of the National Assembly

    House Spokesman Abdulrazak Namdas, at his weekly briefing yesterday, said it was only N60 billion that was “graciously approved by President Muhammadu Buhari in the 2016 budget that is yet to be signed into law”.

    The looted funds investigation, to be carried out by the Public Account Committee (PAC), was prompted by the pronouncement of Minister of Justice and Attorney General of the Federation (AGF) Abubakar  Malami that over N4 trillion($2 trillion) looted from the national treasury have been recovered by the Economic and Financial Crimes Commission (EFCC) in its 12 years of existence.

    Sponsor of the motion Segun Adekola (PDP, Ekiti), noted that further recoveries have been made by the Independent Corrupt Practices Commission (ICPC), National Agency for the Prohibition of Trafficking in Persons  (NAPTIP), National Drugs Law Enforcement Agency (NDLEA) and the Department of State Services  (DSS), in addition to the huge amounts of money returned by those whom at various times entered into plea-bargain with the EFCC.

    “The government has asserted that some officials of the previous government have been returning unspecified sums of money.

    “We are aware that for many years now, successive governments have  continued to take possession of billions of dollars of looted public funds returned from various parts of the world with Switzerland returning a higher percentage of the amounts.

    “One is, however, concerned about the persistent confusion as to the exact amount that had been recovered,  and what happened to it, while successive government have not been transparent regarding their management or spending of recovered public assets, giving vent to the allegations that some of the recovered funds may have been spent, mismanaged or simply disappeared,” he said.

    In addition to the PAC investigation, Committee on Financial Crimes was mandated to investigate whether any crimes might have been committed in the course of the management and disbursement of the recovered funds in the last 12 years.

    The motion was unanimously adopted after it was put to a voice vote by the Speaker, Yakubu Dogara.

    Speaking on the intervention project fund, Namdas said it was true that N100 billion was proposed for the projects by the Executive, but it was pruned down to N60 billion.

    He said since the budget has not been signed into law, ministries and agencies have not accessed the money to execute the projects.

  • Prosecution lawyer’s absence stalls Dokpesi’s trial

    Prosecution lawyer’s absence stalls Dokpesi’s trial

    … Suswam’s case stalled too

    The absence of prosecution lawyer on Thursday stalled proceedings in the trial of businessman, Raymond Dokpesi and his firm, Daar Holding and Investment Limited, at the Federal High Court, Abuja.

    Dokpesi and his firm were arraigned before the court on February 17 on a six- count charge bordering on alleged procurement fraud and breach of public trust to the tune of N2.1 billion.

    They were said to have received N2.1billion from the Office of the National Security Adviser (ONSA) between October 2014 and March 2015 and diverted the money to fund the Peoples Democratic Party (PDP) presidential campaign.

    The court had on March 2 adjourned to Thursday for commencement of trial.

    However, it was only the defendants that were represented in court on Thursday.

    Lead defence lawyer, Wole Olanipekun (SAN), drew the court’s attention to a letter from the lead prosecution lawyer, Rotimi Jacobs (SAN), where he sought for adjournment because he was handling a case at the Supreme Court.

    Olanipekun suggested that parties be allowed to return in June, following which the trial judge, Justice John Tsoho picked June 15 for commencement of trial.

    Also, proceedings in the case involving a former Benue State governor, Gabriel Suswam, were stalled due to the prosecution’s failure to notify the court of its intention to call a witness, who speaks Hausa.