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Tag: EFCC

  • EFCC arrests ex-ALGON chair

    EFCC arrests ex-ALGON chair

    The former National Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko Local Government Area of Kaduna State, Mr. Yusuf Danjuma Akuso, has been arrested by the Economic and Financial Crimes Commission (EFCC).

    Investigation showed that he was being grilled for alleged money laundering running into billions of naira.

    Akuso’s kinsmen petitioned the EFCC to investigate him for alleged money laundering.

    Sources said the former ALGON chairman was at the commission on Wednesday, but was released and allowed to return yesterday.

    In the petition signed and submitted to the EFCC by Abubakar Abba and John David, a copy of which was sent to President Muhammadu Buhari and Vice President Yemi Osinbajo, they alleged that an account operated by Akuso had a balance of about N34 million before the beginning of preparations for the 2015 general election.

    “However, in April, the balance grew to over N2 billion at Zenith Bank with account number 1010740698.”

    It was learnt that about N800million was transferred to former President Goodluck Jonathan’s aide.

    The petition reads: “We write to draw the attention of the commission to the suspicious financial activities of Yusuf Danjuma Akuso, the former executive chairman of Kagarko Local Government, who was also an ex-chairman of ALGON in Kaduna State.

    “A search at the Corporate Affairs Commission showed that Akuso incorporated a company- JOINTRUST DIMENTIONS, of which he is the sole owner and signatory to its account domiciled at Zenith Bank with account number 1010740698.

    “Records showed that in the last quarter of 2014, the account had a bank balance of about N34 million. However, by April, the balance grew to over N2 billion.

  • N1tr diversion: Senate walks out EFCC officials

    N1tr diversion: Senate walks out EFCC officials

    Officials of the Economic and Financial Crimes Commission (EFCC) may not have anticipated what befell them in the Senate hearing room on Wednesday.

    The anti-graft officials were summarily walked out of the sitting of the Senate Committee on Ethics, Privileges and Public Petitions.

    The committee is investigating alleged diversion of over N1 trillion by the Chairman of the EFCC, Mr. Ibrahim Lamorde.

    The controversial investigation had started smoothly by 10.45am with the Chairman of the Committee, Senator Samuel Anyanwu, hitting the gavel to commence proceedings.

    Anyanwu proceeded to ask Secretary/Clerk of the Committee, Freedom Osolo, to read out petitions before the committee.

    Osolo read a number of petitions including the one written by the Chief Executive Officer of Panic Alert Security Systems (PASS), Dr. George Uboh.

    Anyanwu asked Uboh to affirm that the petition under reference was written by him.

    Uboh answered in the affirmative.

    Before he gave his evidence, Osolo led Uboh on oath.

    Uboh was half way into his evidence in chief when some EFCC officials led by the Director Legal, Mr. Chile Okoroma, walked into the hearing room.

    Among the EFCC officials was also Barrister Osuakwu Ugochukwu who said he was at the hearing to represent the EFCC Chairman, Mr. Lamorde.

    Okoroma sought and was given permission to speak.

    He noted that they (EFCC officials) were taken aback because most of the documents the petitioner referred to were not made available to the commission.

    He also said the documents referred to the EFCC as a body and not to Lamorde as a person.

    Okoroma said the petitioner claimed that the alleged frauds were committed by Lamorde.

    The EFCC directed wanted to know why the committee decided to hear a petitioner with documents that were not made available to the person alleged to have committed the crimes.

    He insisted that the documents should have been made available to the EFCC.

     

  • Funds’ diversion: EFCC’s probe is illegal – Unity Forum

    Funds’ diversion: EFCC’s probe is illegal – Unity Forum

    The Senate Unity Forum on Wednesday faulted the invitation of the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Lamorde, by the Senate Committee on Ethics, Privileges and Public Petitions.

    The Forum said the invitation was illegal and a breach of the Senate Standing Rules.

    It said there is no record indicating that the petition by Mr. George Uboh, was presented to the Senate in plenary.

    It asked the Senate leadership to halt the ongoing probe of the EFCC by the committee.

    The Forum made its position known in a statement signed by Senator Ahmed Lawan, Senator George Akume, Senator Abu Ibrahim and Senator Barnabas Gemade.

    The statement said: “The Senate Unity Forum hereby declares that the Senate Committee on Ethics, Privileges and Public Petitions probe of the Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Lamorde is illegal and a breach of the Senate Standing Rules.

    “In standard parliamentary practice, a petition is routed through either a Senator or a member of the House of Representatives. Upon receipt of such petition, the representative will inform the presiding officer of the chamber and, thereafter, present the petition in plenary.

    “Upon presentation in plenary, the presiding officer will invite the Senator/Representative to lay the same petition on the table in the chamber, which automatically becomes a public document.

    “Thereafter, the presiding officer will refer the petition to the appropriate committee for consideration upon which it would be returned to the Senate in plenary.

    “In this regard, nothing of the sort happened. Senate proceeded on recess on August 13 and it is not on record that the petition of Mr. George Uboh, accusing Lamorde of diverting over N1 trillion recovered from some corrupt Nigerians, including the former Bayelsa State Governor, Diepreye Alamieyeseigha, and the former Inspector General of Police, Tafa Balogun was presented to Senate in plenary.”

    The Senate Unity Forum urged the Senate leadership to halt the probe of the EFCC.

     

  • Alleged N1tr diversion: Senate insists on probe of EFCC

    •No plot against EFCC, says Saraki

    The Senate yesterday said that the investigation of the Economic and Financial Crimes Commission (EFCC) Chairman, Mr. Ibrahim Lamorde, over alleged diversion of N1 trillion recovered fraud funds would begin as scheduled today.

    Chairman, Senate Committee on Ethics, Privileges and Public Petitions, Senator Samuel Anyanwu, stated this in an interview with reporters in Abuja.

    Anyanwu said that the position of the Peoples Democratic Party (PDP) Senate caucus which asked the Ethics, Privileges and Public Petitions Committee to drop the investigation of the EFCC boss, said it was irrelevant since the committee is only answerable to the Senate as an institution.

    The panel chairman said that the EFCC is just one out of about 10 petitions the committee planned to investigate.

    He described the statement by the Senate Minority Leader, Senator Godswill Akpabio, which claimed that the time was not right for such a high profile investigation to have emanated out of misinformation.

    Anyanwu said that Akpabio, having realised that he misunderstood the thrust of the investigation before he issued the press statement had called to express his sorry.

    The committee, he said, is guided by the Senate Standing Rules and the 1999 Constitution to invite anybody when the matter arises.

    Anyanwu also ruled out the insinuation that the Senate might be on vendetta mission against Lamorde for the investigation of the wife of the Senate President, Toyin Bukola Saraki.

    Asked his reaction as a PDP senator to PDP senate caucus, kicking against Lamorde’s invitation, Anyanwu said: “As the Chairman Senate Committee on Ethics, Privileges and Public Petitions, I am answerable to the Senate in the first instance. Two, this Committee attends to every petition that come from the public.

    “The invitation to the EFCC boss is one of those petitions and the petitioner is going to appear before the Committee. If you look at the press statement by the Minority Leader of the party, Senator Akpabio, it was a misinformation.

    “There was an amendment of a motion at the floor of the Senate where the CBN Governor was to be invited with the EFCC boss regarding money laundering and all that.

    “But we stood it down. So, there was a misinformation. So, he thought that it was the same issue. But this is a petition against the person of the EFCC boss.”

    On whether the misinformation has been sorted with Akpabio said “He (Akpabio) called and he felt sorry about that. It is a press statement he made. So there is no misunderstanding.”

    Asked whether his Committee will go ahead with the probe, he said, “Of course, this is a standing committee of the Senate. It is not only EFCC boss that was invited. There are other petitions and we have invited the petitioners and those that petitioned against.

    “We have FIRS, Comptroller General of Customs that is also coming tomorrow. So, I don’t know why this should be an issue.

    “We are guided by the Senate Standing Rule and the 1999 Constitution to invite anybody when the matter arises.”

    On the statement by EFCC spokesperson who said the Senate did not follow due process in inviting the EFCC Chairman, he said: “No, that is not correct. There are ways petitions can come to the Senate. A petitioner can write straight to the Senate President and the President would minute to the appropriate committee that is involved.”

    On what the committee will do if the EFCC Chairman fails to turn up for the probe, he said, “I cannot conclude now because I’m pre-empting what is not available yet until tomorrow if he doesn’t come.

    “He is not summoned, this is an invitation. There is a difference between summoning and invitation.

    “There is a petition before the Committee and we have just invited the petitioner to come and substantiate his petition before the Committee.

    “It is after the petitioner must have come that we will now invite the person petitioned against.

    “Before we invite anybody, we normally send a copy of the petition to the person that is petitioned against so that the person will have a first-hand information about why he is invited by the Committee. That is what we have done and that is the normal procedure.”

    Asked if the Senate is divided over the investigation, he said, “There is no divided house. It is just a misinformation. At least somebody can be misinformed and when you get the accurate information instead of going back to counter, you will look like a problem. “

    On whether the committee is on a vendetta mission against Lamorde, Anyanwu said: “There are many ways the Senate can operate: At the plenary, committee and the constituency. We are on vacation. A committee like Ethics and Privileges, we have a lot of petitions and now that we are on recess, each member agreed to spend their time to work. And we have to turn in the report of this petitions at the floor of the Senate for the consideration of the entire Senate.

    “We have so many petitions, up to 10 petitions. This is the summary of petitions received so far. That of EFCC is one of them and FIRS and so many of them. There is no situation that because we are on recess we cannot sit.

    “Two, the issue of invitation of Senate President’s wife has nothing to do with our job. It is not on that basis (motion) that we are inviting the EFCC boss.

    “This committee is a fact-finding committee. Our job is: every petition that comes to this committee must be treated.

    “There is one implication. If somebody says there is a petition against the EFCC boss, the person is a Nigerian. He has the right and as long as he will come before the committee to substantiate the petition, we must take it serious.

    “Because if you don’t take it up, what you will hear is that people will say probably we have been settled that is why we didn’t bring up the matter. It’s only a mere allegation. We cannot convict anybody, we are not a law court.”

    Meanwhile Senate President, Abubakar Bukola Saraki , has described a publication that he is behind a smear campaign to discredit the EFCC boss as totally false and unfounded.

    A statement by his Special Assistant, Mr. Bamikole Omisore entitled: “I have no plot against EFCC” said that the publication is part of calculated attempt to damage the image of the Senate President.

    The statement reads in part, “The attention of the media office of the President of the Senate, Sen. Abubakar  Bukola Saraki has been drawn to a publication alleging that the Senate President hired one Uboh to smear the integrity of the Economic and Financial Crime Commission (EFCC).

    “It is pertinent and with all sense of responsibility and commitment to state unequivocally that the story is far from the truth. A fabricated story that cannot sell to dent the image of Senator Saraki.

    “The general public is fully aware that the said online platform which published the false story has been an agent of media attack on the person of the Senate President and that all allegations made by the online platform against him have fallen flat on their face as bare lies, concocted with malicious intention.

    “To set the record straight, nobody can rightfully claim that Senator Saraki engaged the services of the petitioner or any other person for that matter.

    “There are about four different petitions from individuals, groups and corporate organisations written against the EFCC and submitted to the Senate.

    “Most of these petitions are dated 27/07/2015 and 31/07/2015 while some bother on issues between 2013, 2014 and 2015.

    “There are petitions that are directly written and received by the Senate while in some, the petition was written to the President and the Senate was copied.

    “Further to the above, EFCC is not the only government agency that has petition against it pending before the Senate.

    “There are pending petitions against the CG Custom, FIRS and NPA, amongst others. Is it also Senator Saraki that hired or engaged people to do this? What evidence does Sahara reporters have that links Senator Saraki to all these petitions before the Senate?

    “The Senate President has no relationship whatsoever with Mr Uboh in any capacity or in the course of his emergence as Senate President. If anybody has any proof of a relationship between Senator Saraki and the said Mr. Uboh, let him or her say it now.

    “Our Investigation showed that Uboh’s petition has been in public domain since 2013 and that the details have been reported in national newspapers as well as cited in court proceedings. The Senate President could not have said to have hired any one to write a petition for him as he has no issue to sort out with any individual, group of people or an organisation.

    “Therefore, any insinuation that Senator Saraki is attempting to prevent EFCC from carrying out its constitutional responsibility is a hoax and an imagination of the writer.

    “Let it be known that the idea of people using the media to intimidate or blackmail the Senate to prevent it from performing its constitutional and legislative duties will be resisted and as such, meet stiff opposition expressed through lawful means. Senator Saraki is not the same as the Senate or National Assembly as an institution.

    “Imputing sentiment into the legitimate working of any government institution would not augur well for our development and democratic process”.

    Also speaking on the insinuation, Senator Ighoyota Amori (Delta Central) said that the Senate is acting on its constitutional capacity to probe any issue.

    Amori said: “They are unrelated.  The senate acted within their constitutional function. It has nothing to do with Saraki wife invitation (an exercise that was politically motivated). I belong to the PDP caucus in the senate and our position is that since that invitation failed to sail through in the floor earlier the committee should apply caution and suspend the invitation for now.”

    Senator Rafiu Ibrahim (Kwara South) said: “That insinuation of a vendetta is laughable. Is it a Senator that wrote the Petition? Or are you expecting the Senate not to investigate such serious allegation? My brother every Nigerians has right to write to the Senate and all issues will be taken very serious without bias by this 8th Senate.

    “We have keyed in totally to the anti corruption fight as being led by PMB. The parties involve just need to proof their facts and the Senate will make appropriate recommendations to be executed or not by the Executive.”

     

     

  • EFCC: PDP Caucus disowns senator

    EFCC: PDP Caucus disowns senator

    •‘N1tr allegation infantile’

    A fresh crisis has hit the Senate over a petition against the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Lamorde, alleging diversion of N1trillion by the agency.

    The petition is being promoted by Senator Peter Nwaoboshi, believed to be an ally of the Senate President.

    But the PDP Caucus, to which Nwaoboshi belongs, yesterday opposed the probe of the allegation.

    The caucus made its position known in a statement signed by the Senate Minority Leader, Sen. Godswill Akpabio, Sen. Phillip Aduda (FCT), Sen. Emmanuel Bwacha (Taraba) and Senator Abiodun Olujimi (Ekiti).

    The statement said: “It has come to the notice of the PDP leadership in the Senate that the Senate Committee on Public Petitions would begin a public hearing on Wednesday, 26th of August 2015 and the Committee has invited the Chairman of EFCC to appear before it.

    “The PDP leadership in the Senate is not against any committee of the Senate performing its oversight duties and or functions but we feel that this is not the appropriate time to embark on this most important assignment, particularly since this same action was mooted and has failed at previous plenary session.

    “We therefore urge the committee to suspend its public hearing on this particular matter until further notice.

    “The PDP Senate leadership reassures the Nigerian public of its support for the war against corruption by the Federal Government of Nigeria but hastens to add that such fight against corruption should be total and not selective.

    “Nigerians need peace at this period of economic challenges precipitated by the falling oil prices and actions that will overheat the polity and generate unnecessary friction between the Executive and the Legislature should be guided.”

    The intending probe of Lamorde caused a split among senators.

    A Senator said: “The so-called petition came through an ambush procedure because it did not follow due process.

    “If there is any petition, it ought to be sent to the President of the Senate and not an individual senator.

    “We are suspecting that some people are trying to use the Senate to settle scores. This is not the type of process we voted for on June 9.”

    Another senator said: “It is an abuse of the Senate rules after the same plot had failed at a previous plenary of the Senate. Certainly, some fifth columnists are at work.”

    The EFCC yesterday described the allegations against Lamorde as “infantile” and “fabricated”.

    It said the EFCC since its inception had not earned up to N1trillion.

    A statement by the commission’s Head, Media and Publicity, Mr. Wilson Uwujaren, said: “The attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to a report captioned, Alleged N1tn diversion: Senate to probe Lamorde’s alleged diversion of N1tn, which appeared in a newspaper of Monday August 24, 2015 containing salacious claims of corruption against the person of the chairman of the Commission, Ibrahim Lamorde.

    “The EFCC should ordinarily not dignify the publication with a response as the motives of the promoters and their media allies are to impugn the integrity of the EFCC boss with fabricated stories of corruption.

    “However the Commission is constrained to respond, to expose the motive behind the sinister plot.

    “In the first instance, claims of a N1trillion corruption in the EFCC is infantile and assaults the sensibilities of all reasonable stakeholders in the anti- corruption fight.

    “Even if the EFCC had not returned a kobo of recovered assets in its 12 years existence in addition to the yearly appropriated funds from the federation account, it will be nowhere near a trillion naira.

    “This clearly exposes the mission of the so called petitioner as nothing more than mischief, designed to smear Lamorde.

    ”More sinister is the discovery that the so-called petition did not follow the procedure for consideration by the Senate. It was sent, not to the Senate but to a member, Senate Peter Nwaoboshi, a first term senator from Delta North.

    “Under the Senate rules, petitions meant for consideration by the red chamber are sent to the Senate, not to a member of the Senate.

    “Also, petitions meant for the Senate are tabled at the plenary, before they are referred to the relevant committees for further consideration. In this instance, the Senate has been on recess and there is no evidence that the so called petition was considered at plenary and referred to any committee.

    “The EFCC as an agency that is founded on transparency is not afraid of any ‘probe’ or request for information regarding its activities by individuals, groups or organs of government; so far as such requests followed due process of law.

    “The EFCC under Lamorde did not need the prompting of anyone, when it commissioned a reputable international audit firm, KPMG, to carry out comprehensive audit of exhibits and forfeited assets of the Commission from 2003 to date.

    “The report of the audit will be made public once it is ready. Were the Commission to be jittery about its records, it would not have embarked on such audit.

    “The EFCC however warns that those who peddle false information with the intent to mislead should be reminded that there is a subsisting law on false information and the consequence for violation is grave.

     

  • EFCC appeals Atuche’s discharge

    The Economic and Financial Crimes Commission (EFCC) has appealed against the judgment of a Lagos High Court sitting in Ikeja, which discharged a former Managing Director of defunct Bank PHB, Francis Atuche of the N25.7 billion theft charge preferred against him.

    Also discharged of the theft charge alongside Atuche were his wife, Elizabeth and a former Chief Financial Officer of the bank, Ugo Anyanwu.

    The trial judge, Justice Lateef Lawal-Akapo, while delivering judgment in the matter on June 22, this year upheld the submissions of the defence team, including Chief Anthony Idigbe (SAN) and Sylvia Ogwemoh (SAN), that the court lacked jurisdiction to entertain the suit and that the prosecution’s case lacked merit.

    “I find no merit in the prosecution’s application. It is hereby dismissed. The defendants application dated November 27, 2013 succeeds and I hereby make the following orders:

    “The criminal charge in this suit is hereby struck out and the accused persons namely; Francis Atuche, Elizabeth Atuche and Ugo Anyawu are discharged. The complainant’s notice of plenary objection dated December 3, 2013 is hereby dismissed,”Justice Lawal-Akapo had declared.

    But the EFCC in its appeal filed by its counsel, Kemi Pinheiro (SAN), is seeking an order of the Court of Appeal setting aside the order of Justice Lawal-Akapo striking out the counts contained in the amended information dated June 1, 2011.

    Other reliefs sought by the EFCC include an order allowing its appeal and an order directing a continuation of trial and defence before Justice Lateefa Okunnu of the High Court of Lagos State sitting in Ikeja.

    In its five grounds of appeal, the EFCC  told the court  that the trial judge erred in law for striking out  the amended information when, by the unambiguous and plain provisions of Section 252(3) of the Constitution, no exclusive criminal jurisdiction is conferred on the Federal High Court (at least to the exclusion of the Lagos High Court) on the matters provided for under Section 251(1).

    The commission contended that it was wrong for the court to strike out counts 1 to 24 and 26 in the amended information against the third defendant when the order of the Court of Appeal against which he claimed the lower court assumed jurisdiction over the charge  was in respect of the appeals initiated by the first and second appellants only, stressing that the third defendant was not a party to it.

    He said neither the third defendant nor his counsel made any application before the court seeking to have counts 1 to 24 and 26 of the amended information struck out. He said the court, by so doing, has become charitable by granting relief and order not sought for by the third defendant.

    The EFCC submitted that the defendants pleaded separately each of the counts contained in the amended information to the main suit.

    It explained that counts one to 10 dealt with the alleged stealing of money belonging to the bank while count 11 to 27 dealt with the allegation of conversion of the money to personal use.

    It said the court ignored the provisions of Section 152 and 153 of the Administration of Criminal Justice Law 2011 by striking out all the counts against the defendants.

    The EFCC contended that the trial judge erred in law by holding that it was bound on the principle of stare decisis by the decision in Okey Nwosu Vs Federal Republic of Nigeria and Akingbola Vs Federal Republic of Nigeria.

     

    It said the decision  of the Court of Appeal in Ehindero Vs Federal Republic of Nigeria and Sebastian Adigwe Vs Federal Republic of Nigeria affirmed the non-exclusivity of the criminal jurisdiction of the Federal High Court.

    The EFCC contended that where there are two or more conflicting decisions of a higher court or the Court of Appeal, the law stipulated that the lower court is at liberty and free to choose which of the decisions to follow and cited the cases of Eze Vs Attorney General Rivers State, Ikweki Vs Ebele and Mohammed Vs MECO Limited to support his claim.

    The commission said the lower court was wrong to hold that it was bound by the decisions of the upper court in the cases of Okey Nwosu and Akingbola and to declare that the cases were similar and applicable to the instant case.

     

     

     

  • ICPC, EFCC and Buhari’s new offensive against corruption

    ICPC, EFCC and Buhari’s new offensive against corruption

    Events in the past few weeks have left no one in doubt that the Buhari administration has set the stage for the prosecution of its promised war against corruption. First, in an apparent move to plug loopholes facilitating leakages and mismanagement of public funds, the President recently directed all ministries, departments and agencies (MDAs) of the Federal Government to maintain Treasury Single Account (TSA) in the Central Bank of Nigeria (CBN) for all public revenue.

    The move, which the Presidency stated, was to ensure probity, transparency and accountability in the management of public funds has been widely applauded. Closely following that directive was the announcement by the President that the trial of people involved in the stealing of public funds will begin soon, in a matter of weeks. And then also came the constitution of an Anti-Corruption Advisory Committee to help plan strategies for a new offensive in the anti-graft war.

    Nigerians are elated by this development. It shows that Buhari is committed beyond the rhetoric of his world declaration, during his trip to the United States of America, that he was determined to “Kill corruption before corruption kills Nigeria”. However, many are wondering if government had properly thought out how to make this new initiative work and how to surmount the major challenges that had stifled the war in the past, so that the new offensive will not run out of steam soon.

    These and other relevant issues are part of what the wise men of the anti-graft advisory committee are supposed to help government fashion out. But as they embark on that assignment, it is important to remind them and all other stakeholders that the war or campaign against corruption is not new, it is not just beginning. It has been raging for some time, some challenges had been identified, some lessons should have been learnt from those experiences and all these must inform current plans for the new offensive.

    The intervention of the two main anti-corruption agencies in the country – the Independent Corrupt Practices and other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) – over ten years ago offered great hope. But today Nigerians are still talking about corruption as if the evil it represents had just been discovered. What happened? How have the anti-graft agencies fared? Have they failed the nation? Many Nigerians who have been monitoring the anti-graft war would concede that the anti-graft agencies can hardly be blamed. The truth is that they were operating in a very difficult environment that was more or less antithetical to the cause of the war.

    A key element of the inclement environment was the lack of commitment by the political authorities. This was evident in the failure or negligence to provide adequate funding for the operations of the anti-graft agencies. It is well known that paucity of funds had been a major constraint to the agencies especially in the past few years. Another important factor is the slowness of the judicial process of prosecution. This has been attributed to congestion of cases in the courts and the abuse of judicial processes through frivolous injunctions in a seeming conspiracy between the bar and the bench. As a result, a lot of cases being prosecuted by the agencies had been dragging for years and this has eroded public confidence in prosecution as a weapon of deterrence.

    The most debilitating blow to the anti-corruption fight was the insincerity of the political authorities or rather, their alleged complicity in corrupt activities. For example, the ideal thing to do on the various celebrated cases of alleged corruption involving very senior government officials some years ago would have been for the administration to hand over those cases to the anti-graft agencies. That was not done. Even the National Assembly which stepped in was rebuffed. In the same vein, most of the recent stunning revelations of corrupt practices involving billions of dollars point in the direction of acts of impunity by top public officials and their associates.

    This phenomenon could be described as state sponsored or state approved corruption. What could the agencies have done in such circumstances?  The anti-graft war in Nigeria will succeed when government begins to demonstrate sincerity of purpose and commitment, leading by example and fostering enabling conditions for anti-graft agencies to assert their independence and operate without hindrance. President Buhari’s recent actions have just shown a marked difference from the ignoble past. Now everybody knows that government would not take lightly any act of corruption or impunity, no matter who is involved.

    Having demonstrated the political will to root out corruption, the President should now proceed to address the other major constraints of the anti-graft agencies. He needs to give them the necessary capital and human resource empowerment to build capacity in terms of personnel strength, training, out sourcing of renowned experts in relevant fields on sensitive and technical cases under investigation and prosecution as well as logistics for various operations and activities covered by their respective mandates.

    Talking of empowerment, the President did say he was thinking of merging the ICPC and the EFCC into one big body and empowering the new organisation with sufficient financial muscle to face the challenges of the war. However, the idea needs careful examination it could be counter-productive at this point in time. Merging the two agencies now will definitely create a period of inertia during the transition process as the administrative frame work and operational logistics of the successor organisation are being worked out. This will be a set back to the tempo of activities the president has already raised of which Nigerians are expecting quick results.

    A merger may not be the best option in the quest to step up the anti-graft war at this time. In any case, the two agencies have separate mandates and apart from the aforementioned constraints they have, which are not of their own making, there is nothing to indicate that they,as presently constituted, cannot fight corruption successfully if properly kitted. It would be recalled that a prominent member of the new Presidential Advisory Committee on Corruption once opposed the merger proposal for the same reasons in an interview some years ago, when it was being debated.

    President Buhari has begun the new offensive against corruption very well. It might be more operationally effective for him to retain the two agencies, empower them, effect necessary reforms in the judiciary and other relevant areas to create the right atmosphere and then watch them pursue the war with renewed vigour; rather than create a new structure which will take time to find its feet.

     Folusho Akinseye writes from Lagos

  • NGO urges EFCC to probe management of defunct Afribank

    NGO urges EFCC to probe management of defunct Afribank

    The Economic Financial Crime Commission (EFCC) has been asked to reopen the case involving the management of the defunct Afribank, it was learnt.

    The Nigerian Transparency Network (NTN), a non-governmental organisation (NGO), petitioned the EFCC on the issue with the aim of ensuring justice for the affected shareholders of the bank.

    According to the group which is calling for the prosecution of the top management of the failed bank, EFCC should revisit the case in line with the present administration’s zero tolerance for corru[tion.

    The group in a press statement signed by its Executive Director, Aliyu Ibrahim, stated that the only way the anti-graft body could assist the shareholders who are already counting their losses is to ensure that those responsible for the collapse of the bank are brought to book in line with the present administration anti- corruption stand.

    The statement reads in part: “We wish to address you gentlemen of the press today as a responsible and responsive civil society organization on behalf of the helpless and seemingly hopeless shareholders of the defunct Afribank Plc whose investment in the shares of the bank has been hanging since the collapse of the bank in 2009 occassioned by alleged financial misappropriation and fraud by the erstwhile executive directors of the said bank.

    “Gentlemen of the press you would recall that sometime in 2009 the economic and financial crimes commission began the prosecution of members of the management staff of the bank over alleged complicity in the issue of financial dealings that led to the collapse of the bank.

    “We also recalled that we have written a letter of petition to the current chairman of EFCC dated 31st of July, 2015 and a copy of it published in an advertorial in the Nigerian Tribune of Monday 3rd August, 2015 requesting for the Chairman of the commission to revisit the matter with a view to properly investigate the matter and begin a fresh prosecution in the general interest of justice and particular interest of the shareholders who are already counting their losses.

    “We therefore use this medium to call on the leadership of EFCC to immediately look into the matter.

    “It is also worthy of note to state that the current administration  under the astute leadership of President Muhammodu Buhari has promised a zero tolerance to corruption, a feat we hope the EFCC will uphold in order to support the objectives of government as it relates to corruption.”

  • EFCC moves in as $4.5b tax scandal hits agency

    EFCC moves in as $4.5b tax scandal hits agency

    Commission grills NIPC officials

    Three ex-ministers, Customs chiefs for questioning

    How did 20 oil companies get $4.5 million tax holidays to which they are not entitled?

    This is the puzzle the Economic and Financial Crimes Commission (EFCC) is battling to resolve.

    Helping the EFCC are some officials of the Nigerian Investment Promotion Commission (NIPC) and the Federal Ministry of Industry, Trade and Investment.

    The Ministries of Petroleum Resources and Solid Minerals and the Nigerian Customs Service may also be probed for questionable tax waivers, it was learnt yesterday.

    A former Special Assistant to an ex-minister has been interrogated by the anti-graft agency.

    Besides, three former ministers and some officials of the Nigerian Customs Service (NCS) are likely to be interrogated by the anti-graft agency.

    The tax holidays were given to the oil firms during the administration of former President Goodluck Jonathan.

    It was gathered that about 20 local oil companies benefited from the bonanza after buying over marginal fields from some International Oil Companies (IOCs).

    A source at the Federal Ministry of Industry, Trade and Investment said: “The EFCC is investigating the ministry and the Nigerian Investment Promotion Commission [NIPC] for tax holidays to about 20 oil companies.

    “We actually got a letter of invitation which was dated 28th of July, 2015 and it was received by the Permanent Secretary of the ministry.

    “The EFCC letter requested for the appearance of the director (Industrial Inspectorate Division) for interaction.”

    Two directors of NIPC, who were allegedly responsible for granting these tax holidays, have also been grilled by the EFCC.

    A former Executive Secretary and Chief Executive of NIPC when the tax holidays were given has also been questioned, The Nation learnt.”

    Another source confirmed the invitation of no fewer than six top officials of the ministry and the NIPC.

    The source added: “The Special Assistant to a former Minister was invited and also quizzed over the issue and other cases involving some unrefunded monies paid in 2013 by the NIPC to the former minister.”

    The former aide reportedly made “some useful statements and offered to make some refunds.”

    When our correspondent sought clarification from the EFCC, a source said: “We are looking into some allegations on tax holidays involving some top officials of NIPC and the Ministry of Trade.”

    But the source refused to disclose the list of those grilled and the 20 oil firms involved because “investigation is still ongoing”.

    NIPC is the agency, which approves tax holidays under the Industrial Development Act for companies that are taxable under the Company Income Tax Act.

    NIPC was in the news a few months ago for granting illegal waivers to oil companies taxable under the Petroleum Profit Tax Act between 2010 and 2014.

    A former Executive Secretary of NIPC, Mrs Saratu Umar, was sacked at the twilight of the Jonathan administration for allegedly “refusing to grant tax holidays to some oil companies.”

    Until the Tax Waivers were stopped last year, the nation lost huge revenue to the Federation Account running into billions of dollars.

    On May 10, the former Co-ordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, raised the alarm that the Federal Government had lost over $20b to tax holidays fraudulently granted companies by NIPC officials.

    She said: “Pioneer status (tax holidays) was granted to companies whose products do not meet the requirements of the list of industries or products specified in the schedule to the Act.

    “NIPC officials granted tax holidays for a straight five-year period, contrary to the provision of Section 10 of the Act, which states that the tax relief period for a pioneer company shall commence from the production date of the company and shall continue for a period of three years in the first instance, and may be extended for a period of one year and thereafter for another one year, or for a period of two years, subject to the satisfaction of Mr. President that certain requirements, such as rate of expansion, standard of efficiency, level of development of company, among others, are met.”

  • Constitution amendment crucial to anti-graft war, says EFCC

    Constitution amendment crucial to anti-graft war, says EFCC

    The Chairman, Economic and Financial Crimes Commission (EFCC) Ibrahim Lamorde, has said the amendment of the 1999 Constitution is important in the anti-corruption battle.

    He made the submission at a one-day meeting of heads of anti-graft agencies on the United Nations Convention Against Corruption (UNCAC) Review, Recommendations and the Draft National Anti-Corruption Strategy at Barcelona Hotel, Abuja

    He said some relevant laws in the Constitution needed to be amended before the adoption of an action plan towards the fight against corruption.

    He also said the effectiveness of any anti-graft activity could only be judged by the number of convictions recorded

    Lamorde said: “The Constitution of the Federal Republic of Nigeria should be considered in whatever strategies being developed.

    ‘’The challenge my colleagues and I are facing, especially in the EFCC and ICPC, is the issue of prosecution of corruption and economic and financial crimes cases in regular courts.

    ‘’All these include making new laws, amending existing ones and improving on the efficiency of adjudication and sanctioning.

    He commended the efforts of the European Union (EU), the United Nations Office on Drugs and Crime (UNODC) and other agencies.

    A former Secretary to the EFCC, Emmanuel Akomaye, who spoke on the outcome of the Country Review Report and Follow-up Actions by National Partners, advocated better inter-agency coordination, building institutional capacity and legal reform.

    On his part, the ICPC Chairman Mr. Ekpo Nta, advocated better funding for anti-graft agencies.

    The Director-General, Bureau of Public Service Reforms, Dr. Joe Abah, said both the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal needed to be strengthened in order to be more effective in the fight against corruption.

    But Lilian Ekeanyanwu, representing the Technical Unit on Governance and Anti-Corruption Reforms (TUGAR), said the implementation of the strategy document would be the responsibility of the Presidency.

    Other participants at the meeting included the Corporate Affairs Commission (CAC), Bureau of Public Procurement (BPP), National Planning Commission (NPC) and Public Complaints Commission.

    Also yesterday, the EFCC said the U.S. Federal Bureau of Investigation (FBI) had donated a forensic work station to it.

    It said the donation of the equipment was a way of enhancing the collaboration between the EFCC and the U.S. in the fight against economic and financial crimes.

    A statement by the Head of Media and Publicity, Mr. Wilson Uwujaren, said: “The equipment, technically referred to as FRED (Forensic Recovery of Evidence Device) was presented to the Head of Operations, Lagos Zonal office of the EFCC, Iliyasu Kwarbai by the U.S. acting Consul General, Dehab Ghereab.

    Ghereab on her part praised the long-term partnership between the FBI and EFCC which has existed for more than a decade. She commended the EFCC for its professionalism and encouraged it to keep up the good work.

    She said the equipment will enhance the EFCC’s effort in the fight against cyber crime and standardise its operations.

    She said: “As we engage in these practices, we needed our counterparts. So, the FBI office made an assessment of the prevailing cases of cyber-based crimes which are not unique to Nigeria.

    “In the views of Fritz Kennely, a technical personnel with the FBI, the device will help the EFCC in analysing, processing and preservation of digital evidence which can be presented in court in a clear, concise and understandable manner, thereby aiding judges to adjudicate effectively.”

    After receiving the device, Kwarbai thanked the FBI for their support to the Commission in the areas of manpower development and investigation.