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Tag: EFCC

  • Ribadu’s next unpleasant duty

    Ribadu’s next unpleasant duty

    FORMER Economic and Financial Crimes Commission (EFCC) boss, Nuhu Ribadu, has had the unpleasant task of jumping from the All Progressives Congress (APC), where he is ideologically suited, to the PDP, a strange habitat for him as a person and politician. His goal is the governorship of Adamawa State, which the PDP has promised him. Soon after he defected, an unwholesome turmoil engulfed the party in the state, leading to a situation no one with Mallam Ribadu’s reputation should find himself.

    Worse, Mallam Ribadu has to all intent and purposes now been imposed on the party as their candidate, to the irritation of all the other contestants. In other words, there was no guarantee Mallam Ribadu could have won had he not been helped. Sceptics are bound to wonder what Mallam Ribadu’s next unpleasant task would be. Would the party rig for him, and would he accept?

  • Court asks EFCC to pay father, son N5.5milion as damages

    Court asks EFCC to pay father, son N5.5milion as damages

    A state High Court sitting in Abeokuta, the Ogun state capital, has ordered the Economic and Financial Crimes Commission (EFCC) to pay Mr. Abiodun Bademus, a businessman and media consultant, the sum of N5million as “damages for the breach of his fundamental rights.”

    The EFCC is also asked by the court to pay the sum of N500,000 to Master Tolu, Bademosi’s son, who was unlawfully arrested and detained along with his father by the operatives of the anti-graft agency on January 19, 2012.

    To join the Commission in paying the said damages to Bademosi and son, is an Ibadan-based businessman, Bode Afolayan, who was accused of lodging the complain (petition) on which EFCC acted upon and in the process, allegedly breached the fundamental rights of the plaintiffs (Bademosi and son).

    Delivering the judgment in the suit, marked M/85/12, Justice Abiodun Akinyemi, also held that the “spraying of a harmful chemical substance into the eyes of Abiodun Bademosi in Ibara, Abeokuta,” at the time of arrest was “illegal, wrongful, degrading and unconstitutional.”

    However, the EFCC has filed a motion before the same trial judge, asking the court to set aside the judgment delivered January 7, 2013. The EFCC motion seeking to set aside, the said judgment has been adjourned till January 14, 2015.

    Meanwhile, Bademosi is asking the EFCC to return his International Passport in its custody, having submitted an application as well as filling of relevant documents to that effect.

     

  • Primaries chaos rocks PDP

    Primaries chaos rocks PDP

    Peoples Democratic Party (PDP) leaders were yesterday battling to curtail the protests sparked by its rancorous governorship and assembly primaries.

    Many  aspirants complained of being short-changed.

    Some, such as former Oyo State Governor Adebayo Alao-Akala, dumped the party. He is to join  the Labour Party (LP) today.

    The Adamawa chapter of the party led by Governor Bala Ngilari will boycott the national convention holding today and tomorrow in Abuja —in protest against the Abuja primary  where former Economic and Financial Crimes Commission (EFCC) Chief Mallam Nuhu Ribadu was picked as candidate.

    Eleven governorship aspirants in Kwara State vowed yesterday to prevent what they called the imposition of Mr. Dele Belgore as candidate.

    The Ogun State chapter rejected the directive by the National Working Committee (NWC) not to hold its congress. It insisted that Gboyega Isiaka, who was elected at the congress, must be the candidate.

    Senator IfeanyiArarume (Imo), Musiliu Obanikoro (Lagos), Deputy Governor Mukhtar Shagari (Sokoto) and Dr. Ali Pate (Bauchi), who lost governorship primaries, have kicked against the results.

    Senate Leader Victor Ndoma-Egba petitioned the National Secretariat, but House of Representatives member John Owah-Enoh, who defeated him for the Cross River Central ticket, said “he is a bad loser”.

    Oyo

    Opponents of the candidate in Oyo State, Sen. Teslim Folarin, described the primary that produced him as “a charade” and “illegal”.

    Alao-Akala said he had bidded the PDP a final bye. Oluseyi Makinde insisted that he would challenge Folarin’s candidature in court, if he is recognised by the party’s national leadership.

    Another aspirant, Dr Azeez Adeduntan, described the primary as a “selection”, expressing regret for participating in the exercise.

    Alao-Akala, who spoke through his media aide, Abraham Ojo, said he had left the PDP for Labour Party (LP), stressing that he could no longer tolerate “the injustice” in the party.

    He said: “That primary was an illegality; it was an injustice to us.  It was ridiculous and outrageous. He wasn’t there but was awarded two votes.

    “But we are not going to court. We have taken our position by moving with all our supporters to Labour Party. Alao-Akala has left for good.”

    He said Alao-Akala would make official declaration for the LP at a yet-to-be finalised venue tomorrow.

    Makinde said what happened yesterday was a nullity in the face of the law. “We shall pursue it legally to the end. As far as we are concerned, PDP is yet to have a governorship candidate in Oyo State.

    “I did not participate in the election simply because there is a court judgment which was unequivocal on who and who should be the participants in the PDP primary. PDP electoral guidelines said, ‘For the purposes of nominating the party’s candidates, the party shall elect three ad-hoc ward delegates’. The court had already told us who the delegates are, but if the leadership of the party decided to circumvent the judgment by using statutory delegates only for the primary election, it is a breach of PDP electoral guidelines and, consequently, it is a breach of Electoral Act 2010 as amended.

    “I am a law-abiding citizen of this country and the party and I believe that at the end of the day, reason will prevail.”

    Makinde said he was also sure that President Goodluck Jonathan would never be part of the “charade that happened on Monday in the name of PDP primary”. He urged his supporters not to resort to violence as such method would worsen the situation.

    “A process is on and a court of competent jurisdiction has given judgment already. As far as what happened on Monday is concerned, PDP is yet to elect its governorship candidate. All those involved in the suit were served, so PDP cannot claim ignorance of the Friday ruling. The ruling also restrained the  Independent National Electoral Commission from accepting any candidate emerging from primary conducted with delegates other than the delegates whose names appear in the exhibit submitted in support of the affidavit. The court also nullifies such primary. We will go back to court if INEC recognises the candidate. If PDP leaders refuse to do what is right, the party risks not presenting candidates for 2015 elections,” Makinde said.

    Adeduntan said: “It was a charade; there was no election but selection. If I knew, I would not have participated. It would have been more honourable for me to have boycotted it. Yesterday was one of the saddest moments in my life. It would have been more dignifying for me if I stayed away.

    Of the 198 valid votes, Folarin polled 167 to beat others.  Akala scored two votes. Adeduntan scored three. Prof. Soji Adejumo polled four. Hazeem Gbolarumi polled 12.

    Ogun

    Ogun State PDP Chair Dayo Bayo described the reports that the exercise had been nullified by the National Working Committee as false.

    Dayo, in a statement yesterday, maintained that all the primary congresses from the House of Assembly to the gubernatorial primary are valid and authentic. He advised party faithful as well as supporters to discountenance the contrary information.

    He said: “The nullification report is false and misleading. Our findings at the national headquarters of our party confirmed that there was no National Working Committee meeting where such decision was taken.

    “The National Executive Council meeting approved the guidelines and time table for the congresses and primaries which our party in Ogun State adhered strictly to from the conduct of congresses that produced the delegates to the primaries.

    “Besides, there were judgments that empowered the PDP chapter in Ogun State to conduct congresses and primary elections and file the reports to the appropriate authorities, including the INEC.

    “The party in Ogun State has fulfilled all righteousness and, accordingly, forwarded the results of the elections to INEC and all other relevant agencies.

    “The Party in Ogun state also complied with the Party constitution article 25, which empowered the State chairman of our Party as chairman of the congresses to act accordingly and to which to all intent and purpose has been justifiably done.

    “We therefore implore all our party faithful, supporters and the good people of Ogun State to disregard the news going rounds that the primary congresses in Ogun State have been nullified.

    “We dismiss such report as it is false, misleading and emanated from enemies of progress.”

     Kwara

    The Kwara aspirants under the aegis of the Forum of Governorship Aspirants, accused the leadership of the PDP in the state of working in concert with the minister for national planning and an influential woman politician to impose a candidate on them.

    The forum’s chair, Senator Simeon Ajibola said “election never took place in the state in spite of the initial peaceful atmosphere and the cooperation of delegates who endured long delay for the accreditation process.”

    All the PDP governorship aspirants except Belgore were present at the news conference.

    Those at the event include Senator Suleiman Ajadi, Prof Shuaib Abdulraheem, Senator Gbemisola Saraki, Alhaji Hakeem Lawal, Bio Ibrahim, Engr. Sunday Babalola and Kale Belgore.

    Others are Alhaji Abdullahi Sanusi, Alhaji Jani Ibrahim and Mr. John Dara

    Said he: “While it is very unfortunate, ridiculous and undemocratic that some anti democratic and anti-people forces successfully disrupted and botched the peaceful and transparent process that began at the Stella Obasanjo Multipurpose Centre where delegates were accredited according to their local councils.

    While it is worrisome and very disturbing that in spite of heavy presence of security agents the process began with several attempts to undermine it and subvert rules to pave way for rigging the primary election in favor a certain aspirant.

    “We make this statement authoritatively that the party state leadership in connivance with security agents attached to a particular aspirant smuggled these fake delegates in. This undemocratic and unpopular act signaled the beginning of the crisis that consumed the process.

    “We hereby state unambiguously that we will resist and collectively fight any attempt to impose any aspirant as the flag bearer of the party without a free, fair and transparent primary election.”

    Belgore said that the allegations “fly in the face of facts and occurrences at the governorship primaries. Not only did these aspirants conspire to frustrate the exercise, they imported thugs to harass officials and party elders who do not share their desperation and unsportsmanlike conducts.”

    In a statement, the 2011 governorship candidate of the defunct Action Congress of Nigeria (ACN)’s media aide, Rafiu Ajakaye “acknowledged the efforts and sacrifices of party elders and officials who tried to ensure we have smooth primaries. It is unfortunate that their efforts were being sabotaged from within by those working for some outside forces.”

    “Belgore is not afraid of a fair contest and that is why he has always conducted himself in manners conducive for democracy. But one thing is certain: this gang up will fail.”

    Imo

    Senator Ararume said the electoral panel returned 1,027 votes counted whereas it declared 1,017 as total votes cast.

    He wrote in a petition sent to the party headquarters, that there was an error in the result announced, which favoured Deputy House of Representatives Speaker Emeka Ihediaha.

    In the keenly contested election which lasted into the wee hours of Tuesday, Ihedioha polled 436 votes to Ararume’s 336. Former Governor Ikedi Ohakim, scored 213 votes.

    But Araraume insisted that there was an error in the result announced by the committee, adding that he got 336 votes while Ihedioha scored 325 votes as against the 346 “allotted” to him by the Committee.

    The difference of the votes he claimed were counted for Ihedioha. He inisted the committee should declare him the winner, since according to him, he scored the highest number of votes in the election.

    Araraume warned that PDP in the state would face a herculean task if the situation is not reversed.

    Sokoto

    Sokoto State Deputy Governor Shagari who lost the governorship ticket to Amb. Abdullah Wali, in a statement last night, said: “The whole process was marred by irregularities including the dragging of electoral process to lapse into the night in order to achieve an objective.

    “There was no election in Sokoto PDP”, he stated.

    He also alleged that the committee refused to keep to the scheduled time and programme of events for the election, adding” the accreditation of 984 delegates started 6pm in the evening of the 8th December, 2014.

    “Amazingly, it was followed with substitution of genuine and authentic delegates with new ones with the aim of rigging the election”.

    “I even protested to the electoral committee orally and in writing that the best option is to halt and postpone the conduct of the election until proper arrangements are made to allow free and fair electoral contest.

    “There were series of allegations that the process that will lead to the success of the congress which included the election of party executives and delegates could not be conducted in consonance. With the party’s guidelines.”

    Shagari urged the party to immediately setup an unbiased Electoral Committee made up of credible men and women of proven integrity to conduct the primaries in Sokoto state within the shortest possible time.

    Adamawa

    Adamawa State PDP told President Goodluck Jonathan yesterday to count them out of the national convention.

    The stakeholders, aspirants and 21 local government chairmen accused the national leadership of the party of imposing unpopular candidates, “against the wish of the people.”

    “It is our collective view that anything short of cancellation of this kangaroo primary by the NWC of our party will leave us with no option but to follow the views of the entire great majority of the people of Adamawa state.

    “We therefore resolve to abstain from the national convention of the party scheduled for today at the Eagle Square, Abuja “said Chief Joel Hammanjoda Madaki, state chairman of the party.

    Madaki added: “With the flagrant and open abuse of the rule and law with impunity with regard to party primaries and is a thing of serious concern that is heading to the complete eradication of the party in the minds of our grassroots supporters.”

    Seven governorship aspirants, including Gen Aliyu Kama, Dr Ahmed Modibbo, Mr. Markus Gundiri, Hon Awwal Tukur, Sen Andrawus Sawa, and Governor Ngillari, who was represented by his campaign Director General, Sen. Abubakar Girei, said the election was held contrary to the electoral act and party guidelines which stated that should there be any change of election venue, there must be a notice of not less than seven days.

    “But unfortunately in the case of Adamawa state all the delegates and aspirants were in Yola without any communication either from INEC or the party in Abuja, while a purported election was said to have taken place in Abuja”.

    Elders of the party like former Governor Wilberforce Juta, Commodore Dan Suleiman and Dr. Bamanga Tukur who was represented, vowed to oppose the Abuja impunity.

    Ngillari said: “It is our unanimous resolution to distance, condemn and reject it in its entirety.”

    Cross River

    Senate Leader Victor Ndoma-Egba has petitioned the Peoples’ Democratic Party (PDP) National Assembly Electoral Appeal Panel, alleging lapses and irregularities in the Cross River Central Senatorial primary election.

    The primaries held on December 7, 2014 in Ikom. The member representing Etung/Obubra Federal Constituency in the House of Representatives, Mr. John Owan Enoh, was declared the winner.

    A petition signed by Ndoma-Egba, dated December 8 and addressed to the Appeal Panel Chairman read: “The exercise was fundamentally and fatally flawed as it fell short of the minimum integrity for an electoral process. The exercise was in complete disregard of the PDP’s Guidelines for Primary Election 2014.

    “The list of delegates used for the primaries was not made public. This was imperative as two lists were in circulation… and my agent, Mr. Ernest Irek, protested but was shouted down. My agent tried to impress on them that there was a list that had INEC approval but they resisted. The Electoral panel Chairman, Mr. Oko Inaku insisted that he was using the list given to him by the party without disclosing which of the two lists in circulation he was using.”

    The senatorial candidate of the PDP for Cross River Central, Mr John Owan-Enoh, scoffed at claims by Ndoma-Egba, that the primary was flawed.

    Owan-Enoh, the chairman of the House of Representatives Committee on Appropriation, said the comments credited to Ndoma-Egba indicate that he is a bad loser.

    Bayelsa

    Barring any change in plan, the Bayelsa State PDP faction loyal to First Lady Dame Patience Jonathan will move to the All Progressives Grand Alliance (APGA).

    Dame Patience, it was gathered yesterday, was disappointed that members of her camp, especially the federal lawmakers, failed to clinch the tickets.

    She was said to be unhappy at the way Governor Seriake Dickson stamped his authority on the process, ensuring that members of her camp were edged out.

    Incumbent senators who lost out in the primaries are Senators Clever Ikisikpo and Heineken Lokpobiri.

    Though Lokpobiri was still laying claim to the ticket, it was learnt that Dame Patience had advised him to look up to APGA as the alternative platform.

    Others in the House of Representatives who failed in their bids to fly the PDP’s flag are Henry Ofongo (Southern Ijaw), Warman Ogoriba (Yenegoa/Kolokuma-Opokuma) and Nadu Karibo (Ogbia).

    The aggrieved lawmakers were said to have held marathon meetings in Abuja to consider the option of defecting to APGA to confront Dickson’s  candidates in the general elections.

    A member of the camp, however, said there was no plan for loyalists of the First Lady to move to APGA.

  • EFCC yet to appeal Fani-Kayode’s partial acquittal

    EFCC yet to appeal Fani-Kayode’s partial acquittal

    The Economic and Financial Crimes Commission (EFCC) is still considering whether to appeal the partial acquittal of a former Minister of Aviation, Chief Femi Fani- Kayode.

    Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos had recently discharged and acquitted Fani-Kayode of 38 out of 40 counts of alleged money laundering.

    EFCC’s lawyer, Mr Festus Keyamo, on Monday said he was still waiting for the commission’s instructions 22 days after the verdict was delivered.

    “No appeal has been filed. I’m still waiting for my client’s instructions,” he told our correspondent.

    The judge, on November 17, held that the commission did not prove the other counts sufficiently.

    She partially upheld Fani-Kayode’s no-case submission and directed him to open defence in two counts (25 and 26).

    She discharged and acquitted him of the rest of the 38 counts on the grounds that the prosecution failed to prove “elements” of the allegations.

    Count 25 reads: “That you, Chief Femi Fani-Kayode, on or before September 20, 2006, while serving as the Minister of Culture and Tourism, in Lagos within the jurisdiction of this court, made a transaction exceeding N500,000, which was not done through financial institution, by accepting cash payment of N1 million, which sum was further paid into your personal account number 103450252601 with First Inland Bank Plc, Apapa branch, now First City Monument Bank (FCMB), through Supo Agbaje, your administrative worker, now at large.”

    Count 26 reads: “That you, Chief Femi Fani-Kayode, on or before September 20, 2006, while serving as the Minister of Culture and Tourism in Lagos within the jurisdiction of this court, made a transaction exceeding N500,000, which was not done through financial institution, by accepting cash payment of N1.1 million, which sum was further paid into your personal account number 103450252601 with First Inland Bank Plc Apapa branch, now FCMB, through Supo Agbaje, your administrative worker, now at large.”

    The alleged offences contravene the provisions of the Money Laundering (prohibition) Act, 2004.

    The trial was stalled on Monday as the defence counsel sought an adjournment.

    When the case was called, Keyamo reminded the court that the case was for the accused to enter his defence on the two counts.

    But Fani-Kayode’s lawyer, Mr. Wale Akoni (SAN), said although the matter was the defence to open its case, he would require more time to put his “house” in order.

    He, therefore, prayed the court for an adjournment to enable him regularise his processes.

    Keyamo did not oppose the application.

  • Judge withdraws from Justice Olotu’s cases against NJC, EFCC, others

    Justice Adeniyi Ademola of the Federal High Court, Abuja, on Monday withdrew from two suits filed by retired Justice Gladys Olotu, a former judge of the FHC.

    This is the second time the judge will withdraw from the case. He had returned the case files to the court’s Chief Judge on July 10, but had it sent back to him (Justice Ademola) to decide.

    Justice Olotu was compulsorily retired over “gross misconduct,” earlier this year by President Goodluck Jonathan following the recommendation of the National Judicial Council.

    At the time of her retirement, Justice Olotu was being investigated by the Economic and Financial Crimes Commission (EFCC).

    She sued the anti-corruption agencies and the Inspector General of Police (IGP) among others, accusing them of violating her rights, and sought to restrain them from further investigating her.

    Lawyer to the NJC, Phillips Jimoh-Lasisi (SAN) on Monday urged the court to withdraw from the cases in view of the fact that he (Justice Ademola) had also sued the NJC before the Federal High Court, Abuja.

    Jimoh-Lasisi argued that since his client had, in their preliminary objection, challenged the jurisdiction of the court to hear the cases, the right thing to do was for the judge, who has equally sued the NJC before the same court, not to proceed to hear the defendants’ objection because it was clear what his position on the issue was.

     

  • Court to rule on Babalakin’s application January 19

    Court to rule on Babalakin’s application January 19

    A Lagos High Court sitting in Ikeja yesterday fixed January 19 to rule on the application to quash a N4.7billion fraud charge brought against Wale Babalakin (SAN),  the chairman of Bi-courtney Ltd, by the Economic and Financial Crimes Commission (EFCC).

    Justice Lateef Lawal-Akapo set the date after hearing arguments of the prosecution and defence.

    EFCC is prosecuting Babalakin, his two companies, Bi-Courtney Ltd and Stabilini Vision Ltd (third and fourth defendants) with Alex Okoh and Renix Nigeria Ltd, on a 27-count charge of conspiracy, retention of proceeds of a criminal conduct and corruptly conferring benefit on account of public action for allegedly transferring N4.7billion on behalf of the former governor of Delta State, James Ibori.

    The anti-graft agency claimed that Babalakin and co-defendants allegedly assisted Ibori to transfer large amounts through parties to Erin Aviation account in Mauritius for the purchase of a plane.

    But Babalakin and the co-defendants denied the charges.

    The defendants through their lawyers, Dr. Biodun Layonu (SAN), Mr. Tayo Oyetibo (SAN), Mr. Roland Otaru (SAN), Dr. Joseph Nwobike (SAN) and Mr. Oladapo Adeosun filed applications asking the court to quash the N4.7billion charges, alleging that EFCC, as a federal agency, lacked valid fiat to prosecute them in a state high court.

    They also argued that the state high court had no jurisdiction to hear offences brought under the EFCC Act and that the charges against the defendant were predicated on repealed Laws of Lagos State.

    At the resumed hearing yesterday, Babalakin’s counsel, Dr. Layonu, told the court that the charges against the defendants were not legal since the designation of the person who signed it was not known.

    The lawyer cited sections 253 and 371 of the Administration of Criminal Justice Law (ACJL) of Lagos State 2011, which he said stipulated that designation of persons signing charges must be made apparent and provided for such charges to be sustained.

    Layonu recalled that the EFCC through its counsel, Rotimi Jacobs (SAN), told the court that the attorney-general of the federation (AGF) supervised the commission.

    He said the EFCC, as an agency of the Federal Government and supervised by the AGF, could not exercise greater power than the AGF.

    Layonu said: “If there is any doubt about the charges filed, it must be resolved in favour of the defendants.

    “This is the principle that should guide the court in determining their applications to quash the charges.”

    Counsel to the second defendant, Oyetibo, who accused the EFCC of seeking refuge under sections 147 and 148 of the ACJL, told the court that Section 36(6a) of the 1999 Constitution restricted and limited the scope of the ACJL.

    “To avoid a long journey, I submitted that sections 147 and 148 cannot override the provisions of Section 36(6a).

    “This is so because of Section 1(1 and 3), which proclaims its supremacy. The ingredients of the nature of the offence of which the defendants are charged are not known under Section 36(6a),” he said.

  • Oil marketer, 77, arraigned for N65m ‘fraud’

    Oil marketer, 77, arraigned for N65m ‘fraud’

    A 77-year-old oil marketer, Alhaja Mulikat Shonekan, was yesterday arraigned before an Ikeja, Lagos High Court, for an alleged N65million fraud.

    The Economic and Financial Crimes Commission (EFCC) arraigned the septuagenarian, her company, Mujekanm Petroleum Nigerian Company Limited, and Martins Ogiogwa, for the offence.

    They were arraigned before Justice Oluwatoyin Ipaye on a five-count charge of conspiracy, advance fee fraud, theft, fraudulent conversion of funds and issuance of dud cheque.

    An ailing Alhaja Shonekan was assisted into the court by her relations as she could barely move even with the aid of a walking stick.

    The EFCC, represented by its counsel, A.B.C. Oziokwo, alleged that the defendants defrauded a company, Kuta Stones Limited, of N65 million.,

    They were alleged to have fraudulently obtained the money in September 2008 under the pretence of buying 90 acres of land at Kemta Ososun Village in Odeda Local Government Area of Abeokuta, the Ogun State capital, for the company.,

    The EFCC alleged that they collected the money from a director of the company, Mr Danladi Verheijen, but failed to deliver the property three years after.

    Alhaja Shonekan was also alleged to have issued a dud N5million GTBank cheque through her company’s account on July 15, 2011 as part repayment for the N65million she allegedly collected from the company.

    The commission said: “The cheque was dishonoured and returned unpaid when it was presented for payment”.

    The offences, according to the agency, are contrary to and punishable under Sections 8(a) and 1(3) and 1(1) and 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act No. 14 of 2006; Section 390 of the Criminal Code Cap. C17, Vol. 2, Laws of Lagos State of Nigeria 2003; and Section 1(1) of the Dishonoured Cheque Offences Act, Cap. D11, Laws of the Federation of Nigeria, 2004.,

    Alhaja Shonekan and her fellow defendants pleaded not guilty.

    She was granted N5million bail with two sureties, one of who must be her relation.

    The surety must also be resident in Lagos with a tax clearance covering the last three years.

    The second defendant was granted N10million bail with two sureties, one of who must be his relation.

    Justice Ipaye ordered that the sureties must forward the surety sum in a bank cheque issued in favour of the Chief Registrar.

    One of the sureties of the second defendant must also present a N5million bond.

    The judge ordered that the septuagenarian remanded in EFCC custody, and the second defendant, in prison custody.,

    Counsel to Shonekan and her company, Bamidele Ogundele, urged the court to remand her in the EFCC custody pending when she perfects her bail conditions.

    Ogundele argued that the woman was ill and had been rushed to the hospital thrice while in EFCC’s custody.

    Oziokwo, while not opposing the defendants bail, however, objected to the remand of the first defendant in EFCC’s custody of the commission because it “does not have hospital in the event that she falls ill again.”

    Justice Ipaye said: “Justice must have face of compassion. Having noted the inability of the first defendant to walk, the prison may not be the ideal place to keep her. I order that she be kept in EFCC custody pending the perfection of her bail conditions”.

    She adjourned the matter till January 23, 2015 for trial.

  • 2015: EFCC cannot ban corrupt candidates – Lamorde

    2015: EFCC cannot ban corrupt candidates – Lamorde

    The Chairman of the Economic and Finacial Crimes Commission, Mr. Ibrahim Lamorde, on Wednesday said the agency cannot ban corrupt candidates from seeking elective offices in 2015 because of legal constraints.

    He said the EFCC can only advise appropriate authorities and political parties who are free to accept or not the agency’s opinion on such matter.

    But he said the agency is already prosecuting some anti- corruption crusaders, who had abused its Anti-Corruption Revolution (ANCOR) mobilization platform.

    He also said it had been difficult to tackle corruption in some countries because of the failure by state parties and governments to actively engage the civil society and the private sector.

    Lamorde made the clarifications in a chat with newsmen after unveiling the new EFCC-Civil Society Partnership Against Corruption and signing of a Memorandum of Understanding in Abuja.

    He said: “If you are conversant with the 1999 Constitution and the Electoral Act, only the court of law can ban corrupt candidates from contesting. We can only advise the appropriate authorities and political parties on candidates. We cannot prevent them unless a competent court of law does so.

    “You have to know where the responsibility of the EFCC starts and ends. When we take people to court, our duty is to prosecute them. But some of these accused persons/ suspects are taking advantage of the criminal laws.

    “The unfortunate aspect for us is that when such criminal proceedings are delayed, you start having witness fatigue. Some of the witnesses would have died and some officers transferred.”

    He expressed regrets that some cases filed by EFCC against suspects, including politically exposed persons, since 2006 were still pending.

    He added: “We have cases we filed since 2006; we have been going in and out of the Supreme Court because of applications here and there.

    “We cannot change what is obtainable at the court because the laws of the land allow people to go to court. Some people are delaying cases to the detriment of the people of Nigeria and the affected states.

    “The outcome of these cases would have definitely defined what people will get. These funds to be recovered ought to be used for the development of these states.

    He admitted that the ANCOR, which was launched in 2008 was good but it had been abused.

    He said: “As good as the concept was, the programme was soon bedeviled by several challenges, including some of the vices it had set out to curb. There was for instance, cases of outright abuse of the programme by some members, who fraudulently procured vehicles, sewed throw own uniforms, opened their own offices where they received and ‘investigated’ alleged petitions, interrogated ‘suspects,’ and generally had a field day blackmailing and extorting innocent members of the public!

    “The commission is currently prosecuting some of such unscrupulous members of ANCOR.

    “Administratively, ANCOR was also discovered not to have adequate data bank of partners and there was generally, poor monitoring of their activities.

    “It was in the light of these observations that the commission decided to review the ANCOR programme. The MoU Signing and unveiling of the modus operandi of the overhauled ANCOR is the outcome of the work of a select committee of representatives, the different sections of the society from which ANCOR had drawn its original life-force.”

    He said the agency was also saddled with the responsibility of preventing the commission of economic and financial crimes.

     

  • EFCC not keeping low profile on corruption – Lamorde

    EFCC not keeping low profile on corruption – Lamorde

    The Chairman of the Economic and Financial Crimes Commission, Ibrahim Lamorde, has said the commission was not keeping low profile on corruption.

    Lamorde spoke against the backdrop of recent criticism of the EFCC at a workshop organized for journalists in Enugu.

    He said the commission noted some of the criticism against it, but that it was not true that it was keeping low profile on corruption as all cases are given equal attention.

    The EFCC chief urged the media not to relent in its support for anti-corruption agencies in the war against graft, noting that the current situation where media interest in corruption cases fizzles after arraignment is unhealthy.

    He said the commission undertook capacity-building workshops in the six geo-political zones of the country to enlist the support of the media in the fight against corruption and consolidate on the existing relation between the media and other agencies saddled with the responsibility of combating corruption and other financial crimes.

    Lamorde, who was represented by the Director of Public Affairs, Osita Nwaja, described the media as a critical stakeholder in the fight against corruption, stating that “the anti-graft war cannot be won without the support of the media.”

    According to him the EFCC rely on the media to help carry the message of anti-corruption to Nigerians and mobilize them to buy into the anti-corruption campaign as the anti-graft agencies alone cannot win the fight against corruption in the country.

     

  • Court orders Fani-Kayode to defend two of 40-count charge

    Court orders Fani-Kayode to defend two of 40-count charge

    Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos directed yesterday a former Aviation Minister, Chief Femi Fani-Kayode, to defend two of the 40-count money laundering charges brought against him by the Economic and Financial Crimes Commission (EFCC).

    The judge held that the commission did not prove the other counts sufficiently and partially upheld Fani-Kayode’s no-case submission.

    She discharged and acquitted him of the rest of the 38 counts on the grounds that the prosecution failed to prove “elements” of the allegations.

    Fani-Kayode will open his defence on counts 25 and 26.

    Count 25 reads: “That you, Chief Femi Fani-Kayode, on or before September 20, 2006, while serving as the Minister of Culture and Tourism, in Lagos within the jurisdiction of this  court, made a transaction exceeding N500,000, which was not done through financial institution, by accepting cash payment of N1 million, which sum was further paid into your personal account number 103450252601 with First Inland Bank Plc, Apapa branch, now First City Monument Bank (FCMB), through Supo Agbaje, your administrative worker, now at large.”

    Count 26 reads: “That you, Chief  Femi Fani-Kayode, on or before September 20, 2006, while serving as the Minister of Culture and Tourism in Lagos within the jurisdiction of this court, made a transaction exceeding N500,000, which was not done through financial institution, by accepting cash payment of N1.1 million, which sum was further paid into your personal account number 103450252601 with First Inland Bank Plc Apapa branch, now FCMB, through Supo Agbaje, your administrative worker, now at large.”

    The alleged offences contravene the provisions of the Money Laundering (prohibition) Act, 2004.

    Justice Ofili-Ajumogobia held that from the wordings of the 40-count charge, they were set out in two formats, with the essential elements being that Fani-Kayode received cash exceeding N500,000 without going through a financial institution.

    “For ease of reference, I shall set out counts one and 33 only, being prototype of the two species of the counts; the distinction however, is for the basis of convenience. In one format, the accused was alleged to have paid the amount into his account, while in the other, he was alleged to have paid it into the account of a third party.

    “I find that there was an acceptance of cash payment of an amount exceeding N500,000 by the applicant, which was not done through a financial institution, and also, a payment at the behest of the applicant.

    “This distinction pales into insignificance when one considers the elements of each count. The first element would have been satisfied if the prosecution led evidence to show that cash sums exceeding the statutory threshold were handed to a specified third party, which was further transmitted to a financial system.

    “The second element is discharged where the prosecution leads evidence to show that the said transmission was at the behest of the applicant. It will be immaterial in my view whether the monies were paid into the account of the accused or a third party.

    “Only PW4 and PW5 gave evidence about payment; the testimony of PW5 in particular was in respect of counts 21, 23 and 31, and on the application of prosecution, PW5 was declared a hostile witness.

    “It is not in doubt that the oral and written submissions of PW5 are contradictory and inconsistent and no reasonable tribunal is expected to convict on such testimony. The natural implication, therefore, is that no evidence exists before this court to establish counts 21, 23 and 25.

    EFCC opened its case on March 10 and closed it on July 10 after calling six witnesses.

    Fani-Kayode filed a no-case submission on August 5. A no case answer is a term whereby a defendant seeks acquittal without having to present a defence.

    His lawyer Mr. Ifedayo Adedipe (SAN) argued that EFCC did not make out any case against his client to warrant calling witnesses in defence.

    “The prosecution called six witnesses, and of all these witnesses, none of them came forward to give any evidence that they had any financial transaction with the accused,” the lawyer said.

    EFCC’s lawyer, Festus Keyamo, said the prosecution made out a case for Fani-Kayode to open his defence.

    “Without wasting the time of this court, I will only correct one notion, and that is that the prosecution’s case does not concern bank lodgment, but transactions which took place before the lodgment.

    “It’s about transactions, which are done without going through financial institutions, which come under the definition of money laundering,” Keyamo said.

    Fani-Kayode was tried on amended 40-count charges of money laundering.

    The former minister was said to have laundered about N100,219,500 by paying them into his account through an associate.

    For instance, EFCC said on or about November 22, 2006, Fani-Kayode made a financial transaction exceeding N500,000, which was not done through a financial institution.

    It said he accepted cash payment of N10 million, which was carried in cash to First Inland Bank, Plc, Apapa branch (now First City Monument Bank Plc) through his close associate, Mark Saviour Ndifreke, said to be at large.

    The money, EFCC alleged, was put into Fani-Kayode’s investment account for 90 days, an offence contrary to Section 15(1)(d) and punishable under Section 15(2)(b) of the Money Laundering (Prohibition) Act, 2004.”

    Other counts stated that he carried out some of the transactions exceeding N500,000 while also serving as the Minister of Culture and Tourism. Ndifreke was also said to have helped him pay the money into his account.

    He allegedly committed the offences between August 2006 and May 2007.

    One of the counts stated that on December 5, 2006, while as the  Aviation Minister, he accepted cash payment of N2.1million, which was paid into his personal account numbered 103450252601 with First Inland Bank Plc (now First City Monument Bank).

    Fani-Kayode pleaded not guilty to  the counts.

    One of the counts reads: “That you Chief Femi Fani-Kayode, on or about  November 22, 2006, while serving as the Minister of Aviation in Lagos, within the jurisdiction of this court, made a financial transaction exceeding N500, 000, which was not done through financial institution by accepting cash payment of N10 million, which sum further carried in cash to First Inland Bank Plc, Apapa branch (now First City Monument Bank PLC.), through Saviour Ndifreke, (your close associate now at large), and put in an investment account in your favour for 90 days, contrary to Section 15 (1) (d) and punishable under Section 15 (2) (b) of the Money Laundry Prohibition Act, 2004.”

    Fani-Kayode was first arraigned in December 2008 before Justice Ramat Mohammed on a 47-count charge.

    He was re-arraigned before Justice Binta Murtala-Nyako following the transfer of Mohammed from the Lagos Division.

    The accused was again re-arraigned before Justice Ofili-Ajumogobia on February 11 last year after Murtala-Nyako was transferred.

    Following an amendment of the charges from 47 to 40, Fani-Kayode took a fresh plea before Justice Ofili-Ajumogobia on March 6.

    Justice Ofili-Ajumogobia adjourned till December 8 for continuation of trial.