Tag: EFCC

A group under the auspices of the Concerned Lawyers has raised the alarm over what they described as constant intimidation of the counsel to a former Director General of National Maritime Administration And Safety Agency, NIMASA, Dr. Patrick Akpobolokemi, noting that the agency should be called to order.

It also noted that the trend if not stopped, would gravely undermine the position of the judiciary as the last hope of the common man.

The group further urged the commission to embrace the acceptable rules guiding prosecution of cases at the law court and avoid employing methods alien to the rule of law.

A statement by its spokesperson, Mr. Hanacho Alogie, maintained that these actions smack of attempts to victimize judges who cannot say anything in their own defence publicly, and the victimization of the judiciary is an affront to justice and equity.

Hence, he described the alleged development as a deliberate attempt to pronounce Akpobolokemi guilty without establishing any element of the crime so alleged.

His words: ’’Since the commencement of this case last year, we have watched with keen interest the peculiar manner with which the EFCC is going about the prosecution of Akpoblokemi. While we are not biased about any attempt at probing any alleged misconduct by public servants, we are deeply concerned about the exceptionality of the modus operandi employed on this matter without recourse to the rule of law and the sanctimonious place of the judiciary.

‘’As an arm of government, the independence of this sacred institution should not be a subject of debate any day. But we are taken aback by the calculated attempt by the EFCC to harass, intimidate and subdue the lawyers representing Dr. Patrick Akpoblokemi in this case. As a law abiding citizen conversant with his rights as enshrined in the 1999 constitution, Dr. Patrick did not hide his readiness to fully cooperate with the commission, regarding the investigations, but it comes surprising that he is  being treated unfairly and his rights violated as well.

‘’It is imperative that we remind the commission that we are in a democratic dispensation where all institutions of the state work without another usurping its powers nor suppressing its capacity to operate within constitutional limits. The commission’s disregard for the judiciary particularly as relates to Akpobolokemi lawyers testifies to the widely held belief that the EFCC is out to victimize him. The manhandling of the accused on the premises of a Federal High Court in Lagos, in spite of the position of the law, comes a handy example.

‘’The latest in the series of harassments is the allegation leveled against Mr. Joseph Nwobike, SAN, counsel to Akpobolokemi, by the commission. Is it in the position of the commission to discredit the guardians and custodians of the law?”

The Economic and Financial Crimes Commission (EFCC) yesterday arrested the Speaker of Ebonyi State House of Assembly Hon, Ogbonnaya Francis Nwaifuru, for allegedly misappropriating N60m constituency project fund.

The said cash was allegedly diverted by the Speaker before his emergence as the head of the State Assembly.

The Speaker was being grilled as at press time on how he expended the constituency project cash.

Also, the anti-graft agency has picked up one Tonwerigha Oyintonbra Tombrown for allegedly duping an Irish businesswoman, Izabela Glogowska, of €53,000 (equivalent of N11.6million) in an Internet scam

The Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, confirmed that the Ebonyi Speaker was “picked up at about 1100 hours on Friday at the Akanu Ibiam International Airport, Enugu, by operatives of the Commission, after he spurned two previous invitations by the agency.

“Nwaifuru was first invited on October 20, 2015, to appear before the Enugu zonal office of the Commission, but did not respond to the invitation. A reminder letter was sent to him on November 19, 2015, which he also failed to respond to it.

“The lawmaker who is representing Izzi West state constituency in the Ebonyi State Assembly, allegedly diverted and misappropriated N60m constituency project fund before his emergence as speaker.”

In a separate statement, the EFCC said it has arrested one Tonwerigha Oyintonbra Tombrown for allegedly duping an Irish businesswoman, Izabela Glogowska to the tune of €53,000 (equivalent of N11.6million) in an Internet scam.

The EFCC’s spokesman said: “Glogowska alleged that Tombrown who posed as a prominent online trader, Michael Freeman, tricked her into sending him €1,000 via Western Union/Money gram as payment for a business deal.

“She added that he later pretended to be one Ben Andrews demanding for an additional €10,000 claiming that there was a policy change.

“The same Andrews advised her to send the money to Tombrown in Nigeria, who ended up diverting the money to a fake account.

“Efforts to recover her money proved abortive, hence she petitioned the EFCC.

The suspect would be charged to court as soon as investigations are concluded.”

The Economic and Financial Crimes Commission (EFCC) has recovered NN10,061,172,600 from the National Broadcasting Commission(NBC) being

alleged inflation of collateral funds meant for Digital Set-Top -Boxes.

The commission is set to prosecute a former Director-General of NBC, Mr. Emeka Mba and three others.

Also to face trial is  the NBC’s Director of Finance, Mr. Patrick Areh, who received a curious transfer of N390million and another N20million cash gift from the contract sum.

Others are  the Managing Director, Technology Advisor, Mr. Basil Udotai, and the Managing Director of In-View Technology Limited and D-Vine Partners Limited, Mr. Babatunji Amure.

According to EFCC’s investigation, NBC under Mba defied the Federal Government’s directive  of August 7, 2015 on Treasury Single Account (TSA) to divert N15,038,400,000, out of N34,114,500,000 received from MTN for Spectrum Band Width, to finance the contract for the Digital Set-Top -Boxes.

Out of the diverted N15,038,400,000 as collateral security to Zenith Bank Plc, EFCC investigators discovered that only N4,977,227,400 was needed.

The commission said “only eight (8) out of the 12 companies opened letter of credit amounting to N3,739,727,400.00 while the sum of N1,237,400,000 was for the Digital Access Fees making a total of N4,977,227,400.”

The EFCC said after a reconciliation meeting with the Ministry of Information and Zenith Bank Plc, it was “agreed that N10,061,172,600 was in excess and should be recovered by the EFCC.”

Mba and others will face trial for non-compliance with the Federal Government’s directive on TSA, abuse of the Procurement Law, and award of contracts beyond the N50million spending limit of the DG of NBC.

A document obtained last night reads in part: “Sometimes  in 2015, the Federal Government through the Office of the Head of Service issued a circular dated 7/8/2015 directing all government parastatals and agencies to mop up all government funds in commercial banks to Treasury Single Account( TSA) with CBN.

“However the NBC in a flagrant disobedience to the directives of the government diverted the funds in its accounts to some companies.

“That on 28/7/15, the NBC received an inflow of N34,114,500,000 (Thirty four billion, one hundred and fourteen million, five hundred thousand Naira) from the MTN Operations  Account being proceed of lease of Spectrum Band Width licensed to MTN by the commission.

“That while the funds were in the account of NBC, the FG issued a circular dated 07/08/2015 to the effect that all government agencies and parastatals should mop up and move all the funds in their accounts to Treasury Single Account (TSA) with the CBN.  This directive was to both the agencies and the banks that maintained those  accounts.

“That despite the directives, the DG National Broadcasting Commission and the bank in a flagrant disobedience to the directive transferred the sum of N2,899,500,000 to the account of Technology Advisor on 12/08/15 and then moved the sum of N15,038,400,000 in two tranches on 10/09/2015 and 14/09/2015 to Zenith Bank Plc which he claimed was a collateral security for Set-Top-Boxes suppliers while the balance of N15,891,625,341.57 was transferred to TSA in CBN on 15/09/2015.

“That as soon as Technology Advisor received the funds in its account, he commenced distribution to several beneficiaries which include N390,000,000 and N20,000,000 paid to the Director of Finance and Accounts, Mr. Patrick Areh through Kalaz Ventures Limited, a Bureau De Change operated by Abdullahi Kabiru who confirmed receiving the funds which he transferred the sum of N130million to Azuku Global Resources Limited while the balance was exchanged into dollars and handed over to MD Azuku Global Resources Limited, one Ibrahim Samaila fir onward transmission to the Director of Finance and Accounts, Mr. Patrick Areh.

“That Areh confirmed receiving part of the funds in dollars while the balance of N130million was given to Azuku Global Resources Limited for the construction of his Radio House at Onitsha, Anambra State.

“That In-View Technology Ltd was contracted to provide Digital Access for the Set-Top -Boxes and was paid N1,237,400,000 out of which the company transferred N20million to Patrick Areh through Azuku Global Resources

The Attorney-General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) are yet to decide between them who will prosecute 16 suspects accused of multi-billion fraud at the Consolidated Discount House Limited.

Lawyers representing EFCC and the AGF were engaged in arguments at the Federal High Court in Lagos yesterday over who is empowered to prosecute the case.

Justice Mohammed Idris had, on February 23, ordered them to sort out who between them should prosecute the case, but the issue was not resolved, thereby stalling the suspects’ arraignment.

A lawyer, D.C. Enwelum, who appeared with Adedayo Adedeji for the AGF, said he filed a motion on notice praying the court to resolve the issue.

In the application, a former Nigerian Bar Association (NBA) president Joseph Daudu (SAN), Damian Dodo (SAN), Fabian Ajogwu (SAN) and Enwelum said they were given a fiat by the AGF last May 5 to prosecute the suspects.

Daudu, through a supporting affidavit deposed to by Adedeji, said after they were issued the fiat, the team of lawyers held extensive meetings and brainstorming sessions, and prepared and filed three charge sheets on the AGF’s behalf.

He said after filing the charges, they were forwarded to the EFCC to help serve the accused persons with them and to facilitate their production in court for arraignment.

Daudu said surprisingly, when the case came up on February 23, a lawyer from EFCC, A.B.C Ozioko announced appearance for the prosecution.

Ozioko had insisted that EFCC would prosecute the suspects, arguing that the suspects were in its custody.

But Daudu said in light of the subsisting fiat, no other person or agency can prosecute the accused persons except those authorised to do so by the AGF.

“The action of A.B.C Ozioko constitutes a nuisance to the proceedings and amounts to gross misconduct and abuse of the court processes and proceedings,” Daudu said.

The senior advocate said allowing the EFCC lawyer to prosecute the case would amount to a flagrant abuse of the AGF’s constitutional powers.

Daudu is praying for an order directing that the private lawyers who filed the charges are entitled to represent the AGF.

He also wants the court to order that the fiat precludes every other lawyer from prosecuting the case except the AGF himself.

Daudu also sought an order restraining Ozioko, or any other EFCC lawyer, from interfering with the case.

Three separates charges were filed against the suspects. Defendants in the first charge are Stephen Akinretoye, Peter Ololo and Falcon Securities Limited.

The second charge has Akinretoye, Mudashiru Shittu, Olawale Omisore, Captain Eddy Ndoms, Aquatic Transport Limited, Cross Oceans Limited and Ehco Ventures Limited as defendants.

In the third charge, Akinretoye, Shittu, Larai Claude-Eninn, Hassan Gbenga, Ajibola Jolaosho, Omisore Olawale, Omisope Johnson, Onimole Adebawale and Emmanuel Odedina are the accused.

In the first charge, the complainant, Federal Republic of Nigeria, alleged that between January 1 and December 31, 2007, the accused persons agreed among themselves to defraud Consolidated Discounts Limited by granting loans to Falcon Securities Limited, a company owned by Ololo, without proper documentation.

The prosecution said they allegedly converted N43.9billion being funds belonging to Consolidated Discount in contravention of Section 15 (2) and 15 (3) of the Money Laundering Prohibition Act 2012.

In the second charge, Akinterotoye and others allegedly defrauded the company in the guise of granting loans to the fourth to seventh defendants and converted various sums, such as N520milion, N303million and N600million.

The prosecution said investigations revealed that Consolidated Discount had already paid for vessels before the dates of the various applications for loan made by the fourth to seventh accused persons.

In the third charge, the prosecution said the defendants, as employees of Consolidated Discount, committed an act of fraud by converting its N915.7million.

Shittu (as Managing Director) and Gbenga (as Financial Controller), between March 2012 and June 2013, allegedly transferred N1.6billion from Consolidated Discount’s Union Bank Plc account, numbered 0033295449, to various companies belonging to them.

Justice Idris adjourned until March 18 for hearing of Daudu’s application.