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Tag: EFCC

  • N13b NIMASA land scam: EFCC invites Tompolo

    N13b NIMASA land scam: EFCC invites Tompolo

    Embattled former director general of the Nigeria Maritime Administration and Security Agency (NIMASA), Patrick Akpobolekeimi is set for more trouble as the Economic and Financial Crimes Commission (EFCC) investigates his godfather and former militant leader, Chief Government Ekpemupolo.

    Sources said the EFCC invited Ekpemupolo (Tompolo) to its zonal office in Port Harcourt.

    Although details about the invitation were not made known, sources said it was not unconnected with the N13 billion payment by Akpobolekeimi’s NIMASA to Tompolo.

    The invitation letter, it was learnt, was delivered to Tompolo’s resident in the exclusive Delta Estate in Warri, yesterday afternoon.

    Our source said the commission could declare the former Niger Delta militant leader wanted should he failed to honour the latest invitation.

    An EFCC source conversant with the matter, said: “After the first invitation, Tompolo did not show up; he said he was unavailable and sent his legal adviser to our office. This time we have sent another invitation to him to appear next Thursday (December 17) unfailingly, if he fails to turn up we will have to declare him wanted.”

    The first invitation referred to above was a letter dated November 18 and titled: ‘Investigation Activities, Letter of Invitation’.

    It was signed by Iliyasu Kwarbai, head of EFCC Operations in Lagos.

    It reads: “The commission is investigating a case in which your (Tompolo’s) name featured.

    “In view of the above you are requested to kindly report for an interview with the undersigned through the team leader.”

    Although the interview was fixed for 10 am at the EFCC Training Room, 15 Awolowo Road on November 25, it did not hold because Tompolo did not show up.

    Another letter was delivered to Tompolo’s home at DDPA extension Effurun-Warri by the commission’s operatives.

    The letter was received on his behalf by Jackson Edah.

    A copy of the letter obtained by our reporter in Lagos last night, stated: “We refer to our letter CR 3000/EFCC/CTG/TF/STF/VOL7/472 dated 18th November 18, which was acknowledged in your home, but did not report.”

    The new invitation scheduled an interview for December 17 in Lagos.

    It was learnt that the invitation was in connection with the N13 billion paid by Akpobolokeimi to Okerenkoko and other communities for the acquisition of the land for NIMASA Maritime University and boatyard.

    “We have petitions from various sources about how the land acquisition was done and the exorbitant fee paid by the former DG and Tompolo.

    “The focus of this investigation is to find out if the N13 billion was disbursed to owners of the land said to be members of Okerenkoko and Omadino communities.

    “Also, we are interested in ascertaining how the compensation of that magnitude was arrived at considering the location and the site acquired for the land.

    “There are also insinuations and allegations that the documents presented for the acquisition were forged because of the dispute over ownership of some of the land,” the EFCC said in Abuja.

    EFCC’s spokesman Osita Nwajah confirmed the invitation but declined to give details last night.

     

  • Court orders detention of Dokpesi in EFCC custody

    Court orders detention of Dokpesi in EFCC custody

    A Federal High Court, Abuja has again, ordered that Raymond Dokpesi be detained in the custody of the Economic and Financial Crimes Commission (EFCC) pending ruling in his bail application on December 14.

    Dokpesi, the former chairman of DAAR Investment and Holdings Ltd., is standing trial on a six-count-charge bordering on money laundering and contract fraud to the tune of N2.1billion.

    Justice Gabriel Kolawole gave the order for the remand of the defendant, after lawyers in the trial had argued for and against his bail application.

    “The court cannot deliver ruling immediately because all the processes filed by the parties are not before the court.

    “I will need time to assimilate all the facts and the authorities cited by both counsel to the prosecution and the defense,’’ he said.

    Earlier, Dokpesi’s lawyer, Mike Ozekhome (SAN), had urged the court to grant bail to his client on self recognition or on liberal terms.

    Ozekhome argued that section 128 and 129 of the Administration of Criminal Justice Act (ACJA) 2015 stipulates that the offences on money laundering and contract are bailable.

    The lawyer said that Dokpesi was billed to travel abroad for medical treatment when EFCC invited him.

    He added that the medical appointment letter and the entire travelling documents were attached to the application.

    He said that his client would have proceeded on the medical trip abroad but for the invitation of the EFCC.

    Ozekhome argued that health related issues were enough reason for the court to exercise its discretion in favour of his client.

    He said that the defendant had families and businesses in Nigeria and would have no reason to jump bail if granted.

    Opposing the application, EFCC lawyer, Rotimi Jacobs (SAN) said that the offences the respondent was charged for were not bailable.

    “For court to grant a bail, it has to look at the nature of the charges preferred against a defendant.

    “One of the charges the applicant is standing trial for carries five years to seven years imprisonment.

    “Looking at the evidence available, N2.1 billion was fraudulently paid to the defendant from funds meant for fighting insurgency.

    “We all know that many people have lost their lives to insurgency because of corruption in high places.

    “Therefore, the charges against the defendant are more of a capital offence.

    “A cursory look at the medical appointment letter relied upon by the applicant shows that it was acquired for the purpose of this trial.

    “Besides, the applicant did not disclose the nature of the sickness he is going abroad to treat.

    “I therefore urged My Lord to dismiss the application of the defendant for lacking in merit,’’ he said.

    Jacobs also argued that granting the defendant bail would prejudice investigation by the prosecution

  • EFCC’ll recover all stolen public funds, says Magu

    EFCC’ll recover all stolen public funds, says Magu

    Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu yesterday said the Commission will  recover public funds stolen in the guise of arms procurement.

    He also said the culprits in the arms scandal would be brought to justice, adding that the commission was on top of the ongoing investigation.

    Magu spoke at the commemoration of the International Anti-corruption Day at the Shehu Musa Yar’Adua Centre, Abuja.

    This is the first time he has spoken on the ongoing investigation of the more than $2.1billion arms scandal.

    He said:  ‘‘Corruption is like a chain whose effect impacts various aspects of the society, undermines democracy and the rule of law, distorts markets, erodes quality of life, leads to human rights violations and fans the embers of terrorism and other threats to human security.

    “ “I am sure that many of you would have read in the newspapers stories about the Commission’s on-going investigation into the arms procurement scandal.

    “I can assure you that the Commission is on top of that investigation.  We will spare no effort to ensure that we recover every kobo of public funds that have been stolen in the guise of arms procurement.”

    The EFCC chairman promised to embark on radical reforms of the agency.

    He added: “The on-going implementation of its Strategic Plan continues to provide the Commission with the increasing organisational capacities necessary to explore its expanding abilities in corruption prevention and enforcement as well as law enforcement coordination and collaboration.

    “I plan to undertake  further institutional reforms to increase our capacity to fight corruption in Nigeria. Thankfully, the stance of the current government against corruption has created an enabling environment for us to carry out our mandate.”

    While promising to break the corruption chain in a fair, accountable and transparent manner, Magu sought the cooperation of civil society organisations and other stakeholders in the anti-graft war.

    He said: ‘‘Our common resolve is far stronger than the challenges we face in the fight against corruption.  I call on you to embrace the EFCC’s  public enlightenment campaigns, the activities of our Zero Tolerance Clubs in tertiary institutions and our inter-faith initiatives because in this effort to break the corruption chain. No man is an island and only when we work together can we make a difference.’’

    He said the commission had so far investigated 1,881 cases in 2015 alone.

    “Out of this figure, 280 cases were filed in courts and 78 convictions were secured.

    “In this period also, eight interim and two final forfeiture orders were handed down by various courts on applications brought by the Commission”.

    Magu thanked President Muhammadu Buhari for creating an enabling environment for the Commission to fight corruption.

    Earlier, the Secretary-General of the United Nations (UN) Mr. Ban Ki-Moon, spoke of the “disastrous impacts” of corruption on development when funds meant for social amenities are diverted by public office holders for their personal use.

    Ban Ki-moon, who was represented added that corruption could exacerbate violence and insecurity.

    ‘‘It is time to deliver a clear message around the world that rejects corruption and embraces the principles of transparency, accountability and good governance. This will benefit communities and countries; and it will help to usher in a better future for all,’’ he added.

    The Director-General of the Bureau of Public Service Reforms, BPSR, Dr. Joe Abah, called for the enhancement of the Code of Conduct Bureau, CCB.

    He further stated that the newly introduced zero- based budgeting would ensure discipline in the implementation of budgets.

    Lilian Ekeanyanwu, representing the Technical Unit on Governance and Anti-Corruption Reforms, TUGAR, urged the anti-corruption community to take advantage of the positive body language.

    “We must hit the ground running. We must have a national strategy to bring awareness about the issue of corruption and find methods to curb the malaise, while keeping the populace involved,” she said.

    The Deputy Chief Mission of the United States Embassy, Maria E. Brewer, said corruption could undermine institutions and slow development of any nation.

    She said that the United States was ready to partner with Nigeria in the fight against corruption.

    This year’s anti-corruption day was organised by the Inter-Agency Task Team (IATT), the European Union (EU) and the United Nations Office on Drugs and Crime (UNODC). It holds on December 9, every year.

    At the event, which featured a debate on corruption elimination between students of Light Way Academy and Model Secondary School Maitama, Abuja, were participants from the Budget Office, Independent Corrupt Practices and Other Offences Commission, ICPC, Nigerian Financial Intelligence Unit, NFIU, TUGAR, Bureau of Public Procurement, Corporate Affairs Commission, Public Complaints Commission, Police, National Drug Law Enforcement Agency, NDLEA, Federal Inland Revenue Service, FIRS, Ministry of Justice and Ministry of Finance, among others.

  • $2b arms scam: Dokpesi arraigned, remanded in EFCC custody

    $2b arms scam: Dokpesi arraigned, remanded in EFCC custody

    The Chairman of Daar Communications, Raymond Dokpesi, was arraigned on Wednesday morning before a Federal High Court in Abuja on the six-count charge filed against him by the Economic and Financial Crimes Commission (EFCC).

    Dokpesi, who dressed casually in a shirt and pair of trousers, pleaded not guilty to the charges.

    The media owner said he understood all the charges, adding they are all falsehood.

    The prosecution team said it will call five witnesses in the trial.

  • EFCC arraigns six for ‘swallowing $115,000’

    EFCC arraigns six for ‘swallowing $115,000’

    The Economic and Financial Crimes Commission yesterday arraigned Onwuasonya Augustine and five others at the Federal High Court in Lagos for allegedly swallowing $115,000 in a bid to conceal it.

    He was charged for alleged money laundering with Christian Okoli, Kingsley Nwokenta, Nwokenta Emmanuel, Ezenwa Ikenna and Ezenwa Uzoma.

    The EFCC prosecutor, Ayokunle Fayanju, alleged that Onwuasonya and the others committed the offence on August 25  in a bid to avoid declaring the money to the Nigeria Customs Service at the Murtala Muhammed International Airport in Lagos.

    The alleged offence, he said, was contrary to Section 18 (a) of the Money Laundering (Prohibition) Act 2011 (as amended by Act No. 1 of 2012 and were liable to being punished under Section 2(5) of the same Act.

    Uzoma was accused of obstructing an NDLEA official, Bello Tsanya, in the discharge of his duty.

    According to Fayanju, the offence runs foul of Section 22 of the Money Laundering (Prohibition) Act 2011 (as amended by Act No. 1 of 2012).

    The defendants pleaded not guilty to the allegations.

    Justice Chukwujekwu Aneke adjourned till December 11 for hearing in their bail applications.

    He ordered that they be remanded in prison.

     

  • Stanbic IBTC urges court to dismiss FRC’s objections

    Stanbic IBTC urges court to dismiss FRC’s objections

    Stanbic IBTC Holdings Plc Tuesday urged the Federal High Court in Lagos to dismiss objections by the Financial Reporting Council of Nigeria (FRCN) against its suit.

    The plaintiff said the objections were like “a storm in a tea cup”.

    The plaintiff said FRC, since August 3, had been investigating its audited accounts for the year ended December 2014.

    The investigations concern liabilities accrued in the plaintiff’s 2014 accounts in respect of franchise fees owed to Standard Bank of South Africa, the registration of which it said has been pending before the National Office for Technology Acquisition and Promotion (NOTAP) since 2011.

    The plaintiff said FRC labelled the franchise agreement as illegal, and invited IBTC Holdings’ Chief Executive Officers to appear before it.

    Following a meeting on October 16, the council informed the plaintiff that it committed criminal offences and that it would be reported to the Economic and Financial Crimes Commission (EFCC), the Central Bank of Nigeria (CBN) and the Securities and Exchange Commission (SEC).

    FRC then asked the entire Stanbic IBTC board to meet with the council to know the extent of the board involvement in the matter.

    Stanbic IBTC sued, praying the court to determine whether FRC acted beyond its powers.

    It also sought a declaration that failure to register a “registrable” agreement under the NOTAP Act is not a criminal offence.

    Arguing FRC’s objections Tuesday, its lawyer Olusina Sofola (SAN) said IBTC did not comply with Section 66 (3) of the FRC Act which states that anyone dissatisfied with any decision should appeal to its Technical Committee.

    “All the internal remedies must be exhausted, which they have not done here,” he said, urging the court to strike out the suit on that basis.

    Besides, Sofola said Stanbic IBTC was seeking to review FRC’s decisions; therefore they should have brought an application for a judicial review, which renders the plaintiff’s originating summons incompetent.

    The lawyer said the bank should have sued the Minister of Trade who made the regulations on the basis of which sanctions were imposed on the plaintiff, not FRC who merely implemented them.

    But Stanbic IBTC’s lawyer, Prof Fidelis Oditah (SAN) said the plaintiff did not need to join the minister.

    “We don’t accept that the minister should be joined. The presence of the minister is not required to determine the questions of law raised. We urge the court to dismiss the objection for being a storm in a tea cup,” he said.

    According to him, the objections were “all hopeless” and should be dismissed.

    The plaintiff, in its originating summons, is asking the court to determine among others whether FRC has the power to impose a fine of N1 billion on it.

    FRC had sanctioned Stanbic IBTC over its audited accounts for 2013 and 2014.

    It suspended the Financial Reporting Numbers of the bank’s chairman, Mr. Atedo Peterside, and its chief executive, Mrs. Sola David-Borha.

    It also barred them from vouching for the integrity of any financial statements in Nigeria.

    It based its sanctions on issues raised by the bank’s minority shareholders led by the Mahtani brothers who own the Churchgate conglomerate, to some other regulatory agencies such as NOTAP, SEC and CBN, among others.

    In its Originating Summons, Stanbic IBTC sought a declaration that failure to register an agreement under the NOTAP Act is not a criminal offence.

    It prayed the court to hold that failure to register an agreement under the NOTAP Act does not render the contract illegal and unenforceable or render it null and void.

    It also sought a declaration that the effect of non-registration of an agreement under the NOTAP Act is as stated in section 7 of the NOTAP Act, namely to prevent payment or remittance of money to any person outside Nigeria in respect of the unregistered agreement.

    It sought a declaration that FRC has no power to dictate to a public interest entity the types of commercial agreements that it may enter into in the conduct of its business.

    Justice Buba adjourned till Monday for judgment.

  • EFCC alleges plot to frustrate ex-NIMASA D-G’s trial

    EFCC alleges plot to frustrate ex-NIMASA D-G’s trial

    •Judge: delays won’t be tolerated+

    THE Economic and Financial Crimes Commission (EFCC) yesterday alleged there was a plot to frustrate the trial of a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi.

    He and three others were arraigned last Friday before Justice Ibrahim Buba of the Federal High Court.

    They were accused of converting N2.6 billion as well as defrauding the Federal Government to the tune of N795.2 million.

    Their trial was billed to begin yesterday, but counsel for the third defendant, Lanre Olayinka, was absent.

    He wrote the court, saying he travelled abroad for an urgent medical treatment.

    But EFCC’s lawyer, Rotimi Oyedepo, said Olayinka’s absence was a ploy to delay the trial.

    “My learned friend did not provide sufficient explanation. There is nothing stating the whereabouts of other lawyers in his chambers.

    “When the case was adjourned last Friday, he never mentioned that he planned to travel or that he booked a ticket.

    “This is a clear manifestation of the defendant’s determination not to allow this matter to go on,” he said.

    Oyedepo urged the court not to grant an adjournment, saying he was ready to go on with the case having brought two of his witnesses.

    However, Akpobolokemi’s lawyer, Dr. Joseph Nwobike (SAN), said he needed more time to discuss with his client.

    “The point is that it will be difficult to represent the first defendant when I have not conferred with him,” he said.

    Ruling, Justice Buba said the “days of luxury” for the judge, lawyers and defendants during trials were over.

    “You cannot delay this trial. You can take it to another court, but you cannot stall the trial in this court. If anybody is not comfortable, let me return the case file to the Chief Judge,” he said.

    “Whether the defendants are able to perfect their bail terms or not, it should not affect the trial of this case, because even if an accused is not granted bail, he can still prepare his case.

    “It is fair enough that this court, conscious of the day-to-day trial, granted bail to all the accused without any formality. Notwithstanding the non-perfection of the bail condition, this court would have gone on with the trial.

    “The only snag is that third accused is not represented. Olayinka’s letter to this court is of no moment because he was in court with Mr. Shamsudeen Abubakar last Friday when this matter was adjourned till today (yesterday).

    “This court must warn that any counsel who takes up a defence of an accused must come to terms with the Administration of Criminal Justice Act, which has limited the number of adjournments to not more than five times.

    “Similarly, the case of counsel abandoning an accused in court is also gone. While the court will not wait for Mr. Lanre Olayinka, the court will afford the third accused an opportunity of getting another counsel. Where he cannot, there is also a provision (for the court to provide a lawyer).

    “I must also warn that the court has power to award cost in deserving cases. Therefore, all of us must be up and doing. Today (yesterday) is wasted in spite of all the efforts of the court to get an official transcriber of recorded proceedings, and the prosecution coming here with two witnesses. The letters of the law for day-to-day trial shall be followed,” the judge

  • EFCC alleges plot to frustrate ex-NIMASA DG’s trial

    EFCC alleges plot to frustrate ex-NIMASA DG’s trial

    The Economic and Financial Crimes Commission (EFCC) on Monday alleged there was a plot to frustrate the trial of a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi.

    He and three others were arraigned last Friday before Justice Ibrahim Buba of the Federal High Court.

    They were accused of converting N2.6billion as well as defrauding the Federal Government to the tune of N795.2million.

    Their trial was billed to begin on Monday, but counsel for the third defendant, Lanre Olayinka, was absent.

    He wrote the court, saying he traveled abroad for an urgent medical treatment.

    But EFCC’s lawyer, Rotimi Oyedepo, said Olayinka’s absence was a ploy to delay the trial.

    “My learned friend did not provide sufficient explanation. There is nothing stating the whereabouts of other lawyers in his chambers.

    “When the case was adjourned last Friday, he never mentioned that he planned to travel or that he booked a ticket.

    “This is a clear manifestation of the defendant’s determination not to allow this matter to go on,” he said.

    Oyedepo urged the court not to grant an adjournment, saying he was ready to go on with the case having brought two of his witnesses.

    However, Akpobolokemi’s lawyer, Dr. Joseph Nwobike (SAN), said he needed more time to discuss with his client.

    “The point is that it will be difficult to represent the first defendant when I have not conferred with him,” he said.

    Ruling, Justice Buba said the “days of luxury” for the judge, lawyers and defendants during trials were over.

    “You cannot delay this trial. You can take it to another court, but you cannot stall the trial in this court. If anybody is not comfortable, let me return the case file to the Chief Judge,” he said.

    “Whether the defendants are able to perfect their bail terms or not, it should not affect the trial of this case, because even if an accused is not granted bail, he can still prepare his case.

    “It is fair enough that this court, conscious of the day to day trial, granted bail to all the accused without any formality. Notwithstanding the non-perfection of the bail condition, this court would have gone on with the trial.

    “The only snag is that third accused is not represented. Olayinka’s letter, to this court, is of no moment because he was in court with Mr. Shamsudeen Abubakar last Friday when this matter was adjourned till Monday.

    “This court must warn that any counsel who takes up a defence of an accused must come to terms with the Administration of Criminal Justice Act, which has limited the number of adjournments to not more than five times.”

  • $2b arms: EFCC weighs its options on Jonathan

    $2b arms: EFCC weighs its options on Jonathan

    Dokpesi ‘to account for N10b publicity vote’

    Commission probes Abacha loot diversion

    Will the Economic and Financial Crimes Commission (EFCC) invite ex-President Goodluck Jonathan to say all he knows about the controversial $2 billion arms deals?

    Will the anti-graft agency take evidence from the ex-President in camera?

    Will the EFCC allow its comprehensive investigations to be sufficient enough to try the suspects involved in the arms deals?

    These are the options being weighed as the agency continues investigations into the armsgate.

    It was learnt that more suspects have named Dr. Jonathan in the approvals and withdrawals of huge cash from the Office of the National Security Adviser (ONSA) and the Central Bank of Nigeria (CBN).

    The former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), and the Emeritus Chairman of Daar Communication, Chief Raymond Dokpesi, claimed that they got approvals for all projects they were accused of running.

    The EFCC is said to have stumbled on fresh clues that some recovered funds from the late Head of State, Gen. Sani Abacha’s family members might have been used for the arms purchase.

    There were concerns last night that the votes being investigated might have been more than $2 billion.

    The EFCC has asked some of the suspects to produce relevant written approvals from the ex-President on some of the expenditures.

    It was learnt that some of the suspects acted on verbal approvals to carry out transactions.

    “Either way, the EFCC may need to clarify a few things from the ex-President”, a source said last night. He pleaded not to be named because of the “sensitivity” of the matter.

    It went on: “Some of the high-profile suspects have told us that they got approvals from the ex-President. Equity demands that we should hear from his side too.

    “We are certainly weighing options to avoid any act capable of derailing these ongoing investigations. We can have audience with the ex-President in confidence; we may isolate issues for him to help us clarify in writing; he may also volunteer on his own to clear the air on a few issues through the highest quarters and we may allow our ongoing comprehensive investigations and evidence to be sufficient for prosecution. The onus will then be on the suspects to present written approvals in court.

    “This is not the first time we will be investigating past presidents. We will draw our experience from the previous exercises. You know, we investigated two former heads of state and a prominent traditional ruler on the $184 million Halliburton case and none of them was invited. We handled it in a meticulous manner.”

    A former member of the Federal Executive Council (FEC), said: “The ex-President has expressed doubts on some of the approvals being bandied about. I think Jonathan has a way of reaching out to the Presidency in order not to overheat the polity. He will certainly do so.”

    There were hints last night that the EFCC had discovered that Dokpesi will have to account for about N10 billion votes for publicity.

    A source said:  ”We have been trying to reconcile records with Dokpesi and he has about N10 billion to account for.”

    Apart from the payment of N2.1 billion, a highly-placed source within the Commission listed more issues against Dokpesi as follows: payment of $50 million by ex-President’s campaign organisation; alleged plot to hack into  number 60959146 with Sort Code 201334 belonging to one Dr. Haggai I. Ali with Barclays Bank, Queens Road Branch and Bristol, UK; alleged indebtedness of about N3.3 billion to Fidelity Bank out of N7.5 billion;  operating DAAR Communications account alone despite the fact that it is a publicly quoted firm; and over-payment of more than N8 billion for the transmission of U-17 Junior World Cup (2009) and non -payment of dividends to shareholders.

    The source added: “So far, Dokpesi has to account for over N10 billion and he has been confronted with some evidence which he admitted were some of the transactions he engaged in.

    “We have discovered that Dokpesi was paid N8,047,275,290.99 on January 27, 2012 through account number 2017679134 with Maitama branch of First Bank Plc. We have proof of acknowledgement by the bank on January 28, 2012.

    “In spite of the fact that the technical facilities used for the World Cup belonged to NTA, Dokpesi presented a bill which varied from N5 billion to N3.5 billion  between 2009 and  2010 to N8.047 billion.

    “Records showed that ex-President Umaru Yar’Adua rejected the bill and the National Broadcasting Commission advised against the payment of such outrageous amount.”

    Asked when the suspects will be arraigned in court, the source simply said: “Very, very soon.”

    The EFCC is probing fresh clues that some funds recovered from the late Gen. Abacha’s screet accounts were diverted to arms purchase.

    There are suspicions that the looted funds formed the main sources of extra-budgetary expenditures which were disbursed to some chieftains of the Peoples Democratic Party (PDP) for the 2015 campaign.

    It was gathered that following the recovery of the looted funds, running into billions of dollars,  Jonathan raised a four-man team headed by ex-Finance Minister, Dr. Ngozi Okonjo-Iweala on how to use the loot.

    Although there was pressure on the committee chairperson to divert the loot to security matters, she was said to have resisted the proposal.

    It was, however, gathered that the committee later recommended that 60 per cent of the Abacha loot be used for development and 40 per cent for security challenges and arms purchase.

    A source said: “We are looking into fresh clues that apart from the $2 billion, some looted funds recovered from the Abachas were also diverted into the arms purchase and other security-related needs.

    “There are different clues we are probing. While some alleged that the looted funds were domiciled in the ONSA, others claimed that the funds were directly managed by the Presidency.

    “We may check records at the Federal Ministry of Finance accordingly on Abacha loot.”

  • $6 billion arms scandal: Suspects detention is legal – Falana

    $6 billion arms scandal: Suspects detention is legal – Falana

    Lagos lawyer, Femi Falana (SAN) has said that the Economic and Financial Crimes Commission (EFCC) did not commit any illegality for detaining suspects arrested in connection with the $6 billion arms scandal.

    Falana, in a statement titled, “$6 billion arms gate: suspects’ rights not violated” issued Sunday contended that “the detention of the suspects is in strict compliance with the rule of law”.

    He was reacting to criticisms against the commission and the government that the detention of the suspects by the commission was an act of illegality.

    The erudite lawyer drew the attention of the critics to sections 293-299 of the Administration of Criminal Justice Act, 2015 (ACJA) which stipulate that a suspect arrested for an offence which a magistrate has no  jurisdiction to try, shall within a reasonable time, be brought before a magistrate court for remand.

    He stated that “the order which shall be for a period not exceeding 14 days may be further extended provided that if the investigation is not concluded within 28 days the court may summon the appropriate authority to show cause why the suspect should not be unconditionally released.

    “Suspects who are remanded in custody are at liberty to ask for bail or apply to the appropriate high court to secure the enforcement of their fundamental right to personal liberty. In view of the clear and unambiguous provisions of the law it is misleading to insist that a magistrate court lacks the power to grant the application filed by the EFCC for the detention of the criminal suspects.”

    He recalled “last week, some of the principal suspects implicated in the probe of the $2.1 billion and N643 billion arms gate were nabbed by the Economic and Financial Commission.  Pursuant to the ex parte orders validly issued by the courts the suspects have since been detained for the purpose of investigation. But in a desperate move designed to divert the attention of the Nigerian people and the international community from the grave allegations of reckless and criminal diversion of the public funds earmarked for arms procurement to prosecute the war on terror, some reactionary politicians have accused the Buhari administration of engaging in impunity for detaining the suspects beyond 48 hours without trial.

    He also recalled that a senior lawyer had said that “a magistrate court has no power to issue a holding charge warrant.”

    But Falana urged the Muhammadu Buhari administration to ignore the reckless campaign of calumny of certain people  who have lost their sense of shame pointing out that as far as they are concerned the suspects should be left alone to enjoy their loot while soldiers are losing their precious lives due to lack of adequate weapons.

    He rather counseled the federal government to ensure that all individuals and corporate bodies indicted in the criminal diversion of public funds are made to face the full wrath of the law.

    “The anti graft agencies should disregard the cheap blackmail, speed up  the investigation and charge all indicted suspects to court while the courts are enjoined to conduct the trial of the suspects under the ACJA which requires that the trials be conducted day by day. The federal government should open a dedicated account to warehouse the recovered loot with a view to using the fund to provide equipment for the armed forces, create jobs for our army of unemployed graduates and fix our dilapidated public schools, hospital and roads.

    “However, it is pertinent to correct the error in respect of the extent of the amount of money involved in the arms gate. The well publicized $2.1 billion is the foreign component of the loot. The actual amount stolen is $2.1 billion and N643 billion. The total missing fund is $6 billion.

    “In the light of the earth-shaking and ear-aching revelations oozing out of the EFCC to the effect that a handful of individuals cornered and shared the huge fund earmarked for the procurement of military hardware to prosecute the war on terror all the convicted military officers and soldiers who have been convicted including the 70 who were sentenced to death should be released forthwith.

    “As I have repeatedly maintained the soldiers were committed and sentenced to death for asking for weapons to fight the terrorists. They were ordered to fight with unserviceable equipment on the ground that there was no money to purchase new weapons. In the process, the well-equipped insurgents routed and massacre thousands of the country’s ill-equipped soldiers due to the diversion of the fund set aside to purchase equipment. The suspects must bear full responsibility for committing such grave crimes against humanity.

    “Consequently, pursuant to the Freedom of Information Act, 2011 we have applied for a certified true copy of the report of the arms procurement panel with a view to ensuring that some of the  suspects are prosecuted by the Special Prosecutor  of the International Criminal Court for crimes against humanity,” he added.