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Tag: EFCC

  • Alleged N3.4b theft: Prosecution opens case in ex-NIMASA DG’s trial

    Alleged N3.4b theft: Prosecution opens case in ex-NIMASA DG’s trial

    The Economic and Financial Crimes Commission (EFCC) Wednesday called its first witness in the trial of a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi.

    He was arraigned with nine others, including two companies, before Justice Saliu Saidu of the Federal High Court in Lagos.

    The charge is different from the one before Justice Ibrahim Buba, in which five witnesses have testified for the EFCC.

    In the case before Justice Saidu, Akpobolokemi and others were accused of conspiring to convert N3.4 billion belonging to NIMASA, which the commission said “was derived from stealing”.

    The others are Captain Ezekiel Agaba, Ekene Nwakuche, Felix Bob-Nabena, Captain Warredi Enisuoh, Governor Juan, Ugo Fredrick, Timi Alari and two companies Al-Kenzo Limited and Peniel Engineering Services Limited.

    The first prosecution witness, a Compliance Officer at Zenith Bank Plc, Mr. Teslim Adekunle, said he was responsible for enquiries from regulatory agencies, such as EFCC.

    Led in evidence EFCC’s lawyer Festus Keyamo, the witness said Zenith had between last August and December received several enquiries from EFCC.

    He said the bank was asked to produce statement of accounts as well as account opening packages of three companies, namely: Interwind Limited, Margai Integrated Limited and Grandpact Limited. The documents were tendered in evidence.

    An argument between the prosecution and defence counsel ensued when Keyamo sought to tender a document on Thlumba Enterprise Limited.

    Akpobolokemi’s lawyer Dr Joseph Nwobike (SAN) objected on the basis that the the document was a photocopy.

    Keyamo applied to withdraw the document, but the defence counsel urged the judge to admit the document and mark it as “rejected”.

    If marked as rejected, tendering of the original document may be foreclosed.

    The EFCC witness had earlier informed the court that the original copy was in the bank’s archive.

    Justice Saidu adjourned for ruling and continuation of trial Thursday.

     

  • Jonathan’s ex-aide Kuku loses bid to stop arrest

    Jonathan’s ex-aide Kuku loses bid to stop arrest

    The Federal High Court in Lagos Wednesday dismissed an application by a Special Adviser to former President Goodluck Jonathan on Niger Delta Affairs, Kingsley Kuku, from arresting him.

    Kuku had urged the court to restrain anti-corruption agencies from arresting and prosecuting him over allegations of corruption.

    But, Justice Okon Abang held that the application lacked merit.

    “This application lacks merit and is hereby dismissed. I so hold,” said the judge.

    Justice Abang refused Kuku’s prayer to stop the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS) from arresting and probing him.

    The judge, however, said should Kuku be arrested, he should not be detained beyond 48 hours.

    Justice Abang said detaining Kuku beyond 48 hours would be in contravention of Section 35(4)(5) of the 1999 Constitution.

    According to the judge, ‎EFCC has a statutory obligation to investigate Kuku over alleged financial impropriety.

    The court also held that the anti-graft agency has the right to arrest Kuku if he refuses to honour invitation.

    The judge disagreed with the submission that any move to invite Kuku was politically motivated.

    After assuming jurisdiction in the case, Justice Abang held: ‎”It is in my humble view that the invitation sent to the applicant is lawful and constitutional.

    “The court cannot stop a statutory institution from performing it constitutional duty.”

    The court, however, restrained the respondents from arresting the applicant unlawfully, noting that his arrest must follow due process.

    Kuku sued the Attorney-General of the Federation, EFCC, the Independent Corrupt Practices Commission (ICPC), the Inspector-General of Police (IGP), the DSS and the Nigerian Immigration Service.

    He alleged there was “a plot by the respondents to concoct, fabricate or falsify evidence in order to provide a basis for the arrest, detention, persecution and/or prosecution of the applicant (Kuku) for political reasons…”

    According to him, it was “in furtherance of the unconscionable use of the otherwise laudable war against corruption to repress the political opposition constituted by the leaders of the Peoples Democratic Party (PDP), including the applicant.”

    Kuku sought a declaration that any such invitation, arrest, harassment or prosecution on the basis of allegations of corruption in respect of his tenure as Chairman of the Amnesty Programme between 2011 and 2015 is a breach of his right to fair hearing and freedom of movement.

    Similarly, he sought an order prohibiting the respondents from arresting or prosecuting him on the basis of the allegations.

    The Auditor-General of the Federation had raised questions over alleged mismanagement of funds in reports of audit monitoring and evaluation of the amnesty programme.

    Kuku’s lawyer Mr Ajibola Oluyede said the respondents were about to abuse the criminal process by seeking to arrest his client.

    “There is an illegal and unjustifiable intigation of the criminal process against the applicant in a manner that infringes upon his fundamental rights enshrined in Chapter 4 of the 1999 Constitution,” he said.

    But the AGF’s and IGP’s counsel, Mr Tijani Gazali, urged the court to dismiss Kuku’s application.

    He said Kuku was only invited to clear allegations of corruption against him, adding that there was no plot to violate his rights.

    “We only invited him to ensure his right to fair hearing. It was only an invitation. Instead, he has run to the court to be conferred with immunity so as not to be investigated. He was invited so as to tell his own side of the story,” Gazali said.

  • Oil marketers lose bid to quash subsidy charge

    Three oil marketers -Mahmud Tukur, Alex Ochonogor and Abdullahi Alao – on Wednesday lost in their bid to quash the N1.5 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    Justice Lateef Lawal-Akapo of a Lagos High Court, Ikeja, dismissed the application filed by the defendants and their firms – Eterna Plc and Axe Energy Limited – for lack of merit.

    The defendants are facing a nine-count charge bordering on conspiracy, obtaining money by false pretences and forgery preferred against them by the EFCC.

    The agency had alleged that they obtained the money from the Petroleum Support Fund for a purported importation of 80.3 million litres of Premium Motor Spirit (PMS).

    Their counsels – Messrs Olaniran Obele, Ebun Adegoruwa and Aderemi Oguntoye – however argued that the court lacks the jurisdiction to hear the case.

    They maintained that the proof of evidence did not support the offences alleged against the defendants.

    According to them, the criminal charge against their clients was an abuse of court process and should be struck out.

    The defence lawyers further argued that the EFCC failed to obtain a valid fiat from the Attorney-General of Lagos State to empower them to prosecute the defendants before the state high court.

    They said the issues in dispute related to fuel importation and revenue of the Federal Government hence the court has no jurisdiction to entertain the charges.

    But EFCC counsel, Mr. Rotimi Jacobs (SAN), in his response urged the court to dismiss the application because the issues raised had already being decided by the Court of Appeal, Lagos Division.

     

     

  • Stolen funds: EFCC has recovered billions, says Magu

    Stolen funds: EFCC has recovered billions, says Magu

    The Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu yesterday said the agency has recovered billions of stolen funds.

    He said the anti-corruption war is “the war of the people.”

    He also said that  “apart from the fear of God, we have no other fear.”

    Magu, who made the submissions in an address to a coalition of Civil Society Groups who marched to EFCC for a solidarity rally, said senior lawyers were frustrating the war against corruption.

    He however said the days of impunity are over.

    He said: “ We want the Nigerian people to continue to support us, continue to support Mr. President’s war on corruption.

    “We have many corruption cases in court. We are getting them every day from everywhere and we are recovering stolen money and taking corrupt people to court.

    “ The money we have recovered and the money we are going to get back from them -billions and billions of Naira- is being paid back to government and will be used to do what it was originally meant for -to build hospitals, send our children to school, build roads and railways, create employment and defend our country.

    “ We have no other country than Nigeria. This war is the war of the people.

    “ Apart from the fear of God, we have no other fear.  Apart from the interest of Nigeria, we have no other interest. And apart from the Rule of Law, we have no other rule guiding the work we are doing today.  The days of impunity are over.

    Victory is certain for the common man! Aluta continua!”

    Magu expressed regrets that some senior lawyers had been frustrating the war against corruption.

    He added:  “One of the big challenges we have in the effective prosecution of the war on corruption, is that of very senior lawyers who Nigeria has been very kind to: They who went to good schools here, when Nigeria was good, many of them, on government scholarship; they who Nigeria has given so much opportunity.

    “When we have corruption cases, cases of people who have stolen food from the mouths of our children; when we have cases of people who have stolen money meant to build hospitals and buy drugs; when we have cases of people who have stolen all the money meant to buy guns for our soldiers to fight Boko Haram, when we have all these cases of wicked people who have stolen Nigeria’s money, they run to these same senior lawyers, give them part of the stolen money and mobilise them to fight us, to delay us in court and to deny Nigerians of justice.

    “ These are the people who do not want justice for the common man.

    “ The other day, 34 Senior Advocates of Nigeria fought against only one small EFCC lawyer in court and he defeated all of them!  What we are doing today is not by our power, it is the power of the Nigerian people and the power of God behind us!”

    The EFCC chairman debunked insinuations that the EFCC does not follow the rule of law.

    He said: “ Corrupt people hire journalists to abuse us every day, they say we are not doing the work according to the law.  But, that is not true.

    “There is no agency that follows the law more than EFCC.  None.  Before we arrest you, or seize your property or do anything to you, we check the law, we go to court and get court order.  That is why we are winning; that is why we are defeating them everyday.”

  • NSC office paid N300m to PDP chairman to fund election – EFCC

    NSC office paid N300m to PDP chairman to fund election – EFCC

    The EFCC told a Federal High Court in Abuja that the office of the National Security Adviser, paid N300 million to former National Chairman of PDP, Bello Haliru to fund election campaign.

    Mrs Roukayya Ibrahim, forensic expert with the Commission made the statement while testifying before Justice John Tsoho on Tuesday.

    Ibrahim said the outcome of forensic analysis on financial transactions in the Sterling Bank account used indicated that the money was not payment for contract executed.

    She said that the office of the National Security Adviser headed by retired Col. Sambo Dasuki authorised the payment.

    “The bank account that was used belonged to Abbah Bello, son of the third defendant (Haliru Bello),’’ Ibrahim said.

    She added: “between October and November 2014, a special Task Force was created to investigate Defence and arms contract.

    “Allegation of financial misappropriation in the office of the NSA has been reported at the commission.

    “After the Task Force was constituted, we studied intelligent reports and commenced investigation.

    “During the course of the investigation, we invited relevant government agencies and banks to discuss with them.

    “Specifically, we spoke with senior staff from the office of the Accountant-General of the Federation and Central Bank of Nigeria.

    “One of the discoveries was a letter from the Ministry of Finance to the CBN requesting the release of N100 billion on March 2, 2015.

    “The money was actually meant for disbursement to agencies of government with the office of the NSA getting N30 billion out of the fund tagged to be used for security issues.

    “On March 3, 2015, the Accountant-General of the Federation sent a memo to the Ministry of Finance in respect of the N30 billion.

    “And on March 5, the Accountant-General of the Federation sent another memo to the CBN requesting urgent release of the N30 billion which was eventually paid into the NSA office account on March 11.

    “On March 17, the N300 million was transferred from the N30 billion into the Sterling Bank account operated by BAM Project and Properties Ltd owned by Abba Bello.

    “When Abba was arrested and interrogated, he denied knowledge of the transaction that ran through his bank account.

    “Then his father, Haliru Bello was away in abroad, but the story changed when we spoke with him on telephone.

    “During the course of the investigation, we got to know that Bashir Yuguda, former minister of State for Finance was used to actualise the transaction.’’

    “During forensic analysis, we discovered that on March 18, disbursement of about N137 million was made to Kumugumu Ltd, on the same day, another N178 million was sent to North pole Ltd from the N300 million’’.

    “On March 28, Abba transferred the sum of N163 million to Hijra Textiles Ltd on the instruction of his father, Haliru Bello.

    “Abba who is the sole owner of BAM Project and Properties Ltd whose bank account is been used withdrew the sum of N20 million in two tranches of N10 million each.

    “Then on May 28, Abba made another transfer of N50 million into another of his personal savings account.’’

    Ibrahim said Abba had specifically confessed to the commission that BAM Project and Properties Ltd did not execute any contract for the office of the National Security Adviser.

    The News Agency of Nigeria (NAN) reports that the duo are standing trial for alleged unlawful collection of part of the funds meant for arms purchase for the military.

    The judge adjourned the matter till Feb 23 for continuation.

  • Ricky Tarfa gets bail, trial fixed for April 20

    Ricky Tarfa gets bail, trial fixed for April 20

    • 99 lawyers, including 32 SANS defend Silk in court

    Justice Aishat Opesanwo of a Lagos State High Court sitting in Igbosere Tuesday granted a Senior Advocate of Nigeria, SAN, Ricky Tarfa bail on self recognisance in a suit filed against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC arraigned Tarfa Tuesday on a two-count charge bordering on obstruction of justice and attempting to pervert the course of justice by communicating with a Federal High Court judge that was handling a suit filed by him against the commission.

    Justice Opesanwo fixed March 14 for hearing of an application filed by Tarfa asking the court to quash the charges.

    The court also reserved April 20 for commencement of trial.

    In charge No- LD/2417C/16 the EFCC alleged that on February 5, 2016, Tarfa hid two suspects, Nazaire Sorou Gnanhoue and Modeste Finagnon, both Beninoise, in his Mercedes Benz Sports Utility (SUV) vehicle, thereby shielding them from being arrested and wilfully obstructing the course of justice.

    The Beninoise were alleged to have fraudulently converted some sophisticated manufacturing equipment belonging to Rana Prestige Nigeria Limited to their use.

    They are also being investigated for alleged tax evasion running into millions of naira.

    Tarfa was alleged to have prevented two operatives of the EFCC, who were officially detailed to effect the suspects’ arrest, from carrying out their statutory duties.

    At the commencement of proceedings yesterday, 99 lawyers including 32 SANS were announced as part of the defence team of Tarfa.

    Defence counsel, Niyi Akinola SAN led 14 other learned silks including Mike Ozekhome and tens of other lawyers in his application for bail brought pursuant to Section 115 of the Administration of Criminal Justice Law.

    He urged the court to grant the defendant bail on self-recognition.

    Akintola told the court that the defendant was granted administrative bail by the EFCC and has consistently reported to the EFCC office every morning by 8:00am.

    He stated that the defendant had submitted himself for trial and was prepared to defend the charge filed against him by the Commission.

    The learned silk added that being a SAN, the defendant would not jump bail, and that he had over 16 lawyers in his law firm.

    But, opposing the application, EFCC lawyer Rotimi Oyedepo urged the court to dismiss the application for bail and remand the defendant in prison custody.

    He urged the court to discountenance the argument that the defendant is a SAN, adding that in consideration of the nature of the crime, the personality of the defendant was irrelevant.

    Oyedepo also stressed that Tarfa was granted administrative bail by the EFCC only after an undertaken by the President of the Nigerian Bar Association (NBA) Austin Alegeh.

    Justice Opesanwo stood the matter down to consider the defence counsel’s application. On her return almost two hours later, she ruled in Tarfa’s favour.

    She stated that the defendant presented overwhelming evidence before the court that was not controverted by the prosecution.
    The court added that the prosecution did not deny the fact that Tarfa was granted administrative bail and did not default.

    The judge granted the defendant bail on self recognition but ordered that Tarfa should not travel out the country without obtaining the court’s approval.

    The two-count charge reads: “That you Rickey Tarfa on or about February 5, 2016 within the jurisdiction of the court wilfully obstructed Moses Awolusi and Sanusi Muhammed, authorised officers of the EFCC, from arresting Nazaire Sorou Gnanhoue and Modeste Finance who were reasonably suspected to have committed economic and financial crimes by keeping the said suspects in your car between 11:00 hours to 16:30 hours”.

    “That you Rickey Tarfa SAN between May 11 and June 25, 2015 in Lagos, within the jurisdiction of the court attempted to pervert the course of justice by communicating with Justice Mohammed Yinusa of the Federal High Court through your mobile telephone no-08034600000 while suit No-FHC/716 between Hair Prestige Manufacturing Nigeria and EFCC filed by you on behalf of the applicants seeking to restrain the Commission from performing its statutory duties were pending before the said judge.”

  • ‘I didn’t know why NIMASA paid my company N72m’

    ‘I didn’t know why NIMASA paid my company N72m’

    A prosecution witness, Mr Emeka Emelano, Tuesday told the Federal High Court in Lagos that he did not ask why the Nigerian Maritime Administration and Safety Agency (NIMASA) paid his company N72million even though it did not bid for any contract.

    He claimed he also did not benefit from the payments, as he transferred the money to ‘others’ accounts as he was instructed.

    Emenalo, sole proprietor of O2 Services Plus Nig. Ltd, had earlier testified during the ongoing trial of a former NIMASA Director-General Patrick Akpobolokemi that he was paid the sum for no contract.

    The Economic and Financial Crimes Commission (EFCC) charged Akpobolokemi with converting N2.6billion and defrauding the Federal Government to the tune of N795.2million.

    He was arraigned before Justice Ibrahim Buba along with Captain Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Limited, Kenzo Logistics Limited and Al-Kenzo Logistic Limited.

    In the 22-count charge, they were accused of converting N2,658,957,666 between December 23, 2013 and May 28 last year. The defendants pleaded not guilty.

    The witness had testified that his company, which provides agro-allied services, got the money after his younger brother, Uche Emelano, sought to use his company to obtain a phantom contract from NIMASA.

    He said his brother informed him that Nwakuche would facilitate the deal. According to the witness, his brother instructed him to transfer any money paid into his company’s account to other accounts as soon as he is alerted.

    Emenalo said when he began to receive alerts, he informed his brother, who in turn informed the third accused.

    During cross-examination Tuesday, Emenalo said he did not ask NIMASA why the money was paid into his account.

    “I only called my brother Uche to notify him that NIMASA had paid the money into my account,” Emenalo said.

    The witness said he made several withdrawals from the account, explaining there were other inflows during the period.

    For instance, he said he transferred N700,000 to his sister Ijeoma, but denied personally benefiting from the deposits.

    “No, the money is not meant for our family business. I only gave my sister Ijeoma some of it,” Emenalo said.

    The witness said he was only doing his brother a favour when he agreed to allow his company’s account to be used for the payment from NIMASA.

    The witness added that he was also unaware of the nature of the contract. “I did not benefit anything from these monies paid,” he said.

    “I only requested that the sum of N300,000 be left in the account to offset bank transfer charges,” Emenalo said.

    Trial continues on Friday.

  • Lagos CJ, EFCC to tackle corruption

    Lagos CJ, EFCC to tackle corruption

    The judiciary will support the Economic and Financial Crimes Commission (EFCC) in the fight against corruption, Lagos State Chief Judge Justice Olufunmilayo Atilade has said.

    The CJ spoke when EFCC Acting Chairman Ibrahim Magu visited her.

    She said a team of  judges were ready to handle corruption cases with dispatch.

    She  advised the EFCC that matters were usually slowed down not because of the judges but the prosecution teams of the commission.

    She appealed to the EFCC to embrace the plea bargaining system of justice in some financial crimes which saves time and reduces the cost of justice.

    Earlier, in his address,  Magu com-mended and appreciated the state Judiciary in terms of standards, hardwork and commitment to the job.

    According to him, “Lagos State occupied an enviable position in our scheme of things. As at 2015, we have had 103 convictions in the corruption cases brought to courts. This shows the commitment and zeal of the judges towards the fight against corruption. For such a judiciary we must thank the Chief Judge and her team for a job well done”.

    He advocated the  continuous  designation of judges on EFCC cases and that magistrates at the Igbosere axis be designated to handle remand orders.

    He assured Justice Atilade that the training and retraining of judges and prosecutors have been an ongoing preserve of the EFCC,  adding that such training would further assist the judges in the criminal Justice Division in the state and enhance their job.

    Other issues that came up for discussion during the meeting include that of  filing of cases and compilation fees for appeals.

     

  • EFCC disclaims recruitment scam adverts

    EFCC disclaims recruitment scam adverts

    The Economic and Financial Crimes Commission (EFCC) on Monday dissociated itself from scandalous adverts on employment from the commission.
    This is contained in a statement signed by the Head, Media and Publicity of the Commission, Mr Wilson Uwujaren, made available in Abuja.

    According to the statement, the scam was to mislead vulnerable Nigerians and tarnish the reputation of the commission.

    It stated that “the EFCC wishes to alert the general public about the activities of some unscrupulous elements who have cashed in on the plan by the Commission to recruit more personnel to defraud unsuspecting job seekers.

    “In recent weeks, some unscrupulous online portals have featured advertisements supposedly from the EFCC, inviting applicants for employment into the service of the Commission.

    “The Commission wishes to dissociate itself from these advertorials.”

    The statement added that the platform where the fake advertorial was made is http://forumng.com/ng/forum/279564/nigeria-efcc-recruitment.

    It added that the EFCC recruitment was still a proposal and would announce it on major dailies, as well as the official website of the Commission — http://www.efccnigeria.org, or through proxy and online portals.

    The statement further advised the populace to report to the designated security agencies in situations of fraudulent means of employment.

  • Adams denies receiving $22m from Ghadaffi

    Adams denies receiving $22m from Ghadaffi

    Oodua People’s Congress (OPC) National Coordinator Gani Adams has described calls for the Economic and Financial Crimes Commission (EFCC) to probe him as misguided.

    Some OPC state coordinators, at a briefing in Kwara State by Salami Olarewaju, urged EFCC to probe how over N1billion alleged got to Adam’s account.

    Adams, in a statement, said those who addressed the press conference were former OPC coordinators for Kwara, Ondo and Oyo states.

    He said the allegation that he collected N9billion from former President Goodluck Jonathan, and $22million from the late Libyan president, Mummar Ghadaffi, were unfounded.

    Adams said he has never set foot on Libya, nor has he ever met the late Ghadaffi or any of his agents at any time.

    He said when the issue first came up, he petitioned the Department of State Services (DSS), informing them of the allegation and pleading with the Service to help investigate the source of the allegation in order to get to the root of the matter.

    “I want to once again plead with the DSS to, as a matter of urgency, make sure that these people who have accused me of this grave crime are made to prove the source of their allegation, and if they are not able to do so, should be made to face prosecution for their actions.

    “They should explain what the money is meant for and how it was sent to me. Such huge amount of money cannot be transferred to an individual secretly, so they need to do more explanation on how I allegedly received this money.

    “I am not a war mercenary, and I am not sure that Ghadaffi was a Father Christmas who would want to give out such money as a gift.

    “Our organisation is a peaceful socio-cultural group, with the sole aim of promoting the cultural heritage of Yoruba race,” Adams said.

    On N9 billion allegedly received from Jonathan, Adams said the claim is laughable because not even Peoples Democratic Party (PDP) gubernatorial candidates got such amount to prosecute their campaigns.

    He said the allegation was first made ahead of the general elections when it was alleged that his group got N9 billion for a pipelines surveillance contract.

    The OPC leader said neither he nor OPC received a kobo from the government as payment for the contract.

    Adams also dismissed allegations that he received N1.6billion from a former minister of state for defence Musiliu Obanikoro.

    “To the best of my knowledge, the last time that I saw the former minister was when he accompanied the former President to the National Confab. They need to explain to the world how I got the money and for what purpose it was meant for.

    “Let me put the records straight here. I am neither a politician nor a PDP member. I have said it several times in the past that our support for the former president was based on our belief that he stood a better chance of implementing the recommendations of the National Confab, which we believed, and still believe will serve the interest of the Yoruba race better.

    “I tell you, anything outside this is a lie and mere fabrication of those alleging it,” Adams said.

    ‎On claims that he shows disrespect to Yoruba royal fathers, Adams said: “This particular allegation is not only puerile, but also shows the level of mischief of these people.

    “Without any fear of contradiction, I stand to say I am one of the best Yoruba sons who have cultivated, promoted and maintained a very good relationship with all obas in Yorubaland.

    “It is on record that, through the singular efforts of our organisation, and to a large extent, my personal commitment to the ideals of ensuring the unity of Yorubaland and ensuring the peaceful coexistence of Yoruba people all over the world, I have worked tirelessly crisscrossing the Southwest and promoting one cultural festival or the other.

    “They alleged that I only bowed to our revered father, His Imperial Majesty, the Ooni of Ife, Oba Babatunde Enitan Ogunwusi.

    “Definitely, nothing can be further from the truth.”