The Nation Newspaper

Tag: EFCC

  • Systemic failure

    Systemic failure

    •Too many corruption cases pending and it does not show a serious fight from the anti-graft agencies

    On the surface, the news that the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC) are currently probing 150 private companies as well as Ministries, Departments and Agencies (MDAs) for the violation of various parts of the Public Procurement Act (2007) gives the impression of a vigorous drive by government against corruption in Nigeria.

    This was revealed by the Director- General, Bureau of Public Enterprises (BPE), Mr Emeka Emeze, at the opening of a recent Procurement Cadre Conversion Training Programme in Abuja. We are unimpressed by the disclosure that about 200 persons are under investigation for sundry violations of the Act, including collusion in contract bidding, use of false documents, false claims by contracting firms and suppliers, and manipulation of the procurement process.

    The large number of individuals and organisations allegedly involved in these infractions of the Procurement Act only reinforces the abysmal and pervasive degree of corruption in the country. Perversion of the procurement process is one of the major avenues of criminal enrichment through frivolous and fraudulent contract awards. Speaking on the occasion, the Lead Procurement Specialist of the World Bank, Chief BayoAwosemusi, noted that 30 per cent savings would be achieved if the country’s procurement procedures meet international standards and reflect the principles and objectives of economy, efficiency, value for money and timeliness. This shows to what extent the country is being bled through procurement violations in both the public and private sectors.

    The reported scale of violations of the Public Procurement Act is suggestive of an alarming systemic failure and the impotence of existing checks and balances to help minimise corruption, particularly in the public sector. A certain category of contracts, for instance, must go through the Ministerial Tenders Board, the Due Process Office and the executive council at the federal level. Also, contracts above a certain magnitude must pass the scrutiny of the State Tenders Board and the Executive Council at the state level. In addition to this, there are audit departments in the various MDAs as well as private sector organisations, which are expected to ensure adherence to due process. The offices of the state and federal Auditor- Generals are required to routinely report violations of the financial process to the Public Accounts Committees of the legislature for necessary action. How could there be such a high degree of violation of the Act if the systemic checks and balances are functional?

    There is every reason to believe that neither the EFCC nor the ICPC has the capacity to deal with the scale of these infractions of the Procurement Act. The EFCC, for instance, has claimed that one of its limitations is paucity of finance. How then can it cope with this additional burden, especially when scores of cases it has been prosecuting, some of them for over a decade, remain unresolved? There is, therefore, no alternative to ensuring that systemic checks and balances work so that fraud is prevented in the first place and scarce public resources are not expended on investigating and prosecuting indicted fraudsters.

    The Secretary to the Government of the Federation (SGF), Anyim Pius Anyim, was certainly unconvincing when he charged those involved in the procurement process to conduct themselves with the highest sense of responsibility, ethics and integrity, warning that those found culpable would be punished. These words sound hollow because the administration of President Goodluck Jonathan does not itself adhere to the lofty standards espoused by Mr Anyim. Not only does it pardon persons found guilty of corruption, it has turned a blind eye to scandalous allegations of corruption by some of its top officials. In such a climate of pervasive corruption, large-scale violations of the Procurement Act is no surprise.

     

  • Nnamani: I’m unfit to stand trial

    Nnamani: I’m unfit to stand trial

    Former Enugu State Governor Chimaroke Nnamani told the Federal High Court in Lagos yesterday that he is unfit to stand trial.

    He said he is suffering from a “chronic” heart problem, having undergone surgery.

    The development again stalled his trial by the Economic and Financial Crimes Commission (EFCC).

    The commission, on March 7, re-arraigned Nnamani before Justice Mohammed Yunusa on 105 counts of money laundering and economic crimes involving about N4.5billion state funds.

    He and his former aide, Sunday Anyaogu, and six firms – Rainbownet Nig Ltd, Hillgate Nig Ltd, Cosmos FM, Capital City Automobile Nig Ltd, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School were charged.

    Part of the alleged laundered money was meant for local governments, which was allegedly transferred to Nnamani’s bank account in the United States of America.

    The crime was allegedly committed when Nnamani, also a former senator, was governor between 1999 and 2007.

    The charge was filed seven years ago, but trial is yet to begin, as the case has suffered delays due to adjournments.

    It has also passed through four judges due to transfers and retirements.

    Yesterday, Nnamani’s lawyer, Mr. Oluyele Delano (SAN), said the principle of fair hearing required that his client must be well enough to defend himself.

    He said: “The first accused is ill. He has undergone a quadruple bypass, an open heart surgery, and while there was relative success with regard to the surgery, he has embarked on a slow, tedious recovery process.

    “Unfortunately, he recently suffered a setback to his health in that he continues to suffer chronic chest pains, which the doctors suspect, it may be that his heart is rejecting the pacemaker that has been installed there.

    “My Lord, a dead man cannot be tried. I humbly crave the indulgence of the court to give us more time to be in a position to defend the allegations against us.

    “The doctrine of fair hearing acknowledges the need for the accused not to be prejudiced in his ability to defend the accusations against him on account of ill health.”

    EFCC’s lawyer Mr. Kelvin Uzozie did not oppose the request for an adjournment, but said he did not think Nnamani’s health problem was serious enough to stop his trial.

    Said he: “Illness per se is not a ground for stalling a trial. The question is, is the accused capable of understanding the proceedings?”

    Justice Yunusa adjourned till November 3 for trial.

  • NJC investigates Justice Ademola

    NJC investigates Justice Ademola

    Justice Adeniyi Ademola of the Federal High Court, Abuja, appeared yesterday before an investigative committee of the National Judicial Council (NJC.

    It was learnt that the judge’s appearance followed the petitions written against him on how he handled the trial of a former Director of Pension Accounts in the Office of the Head of Civil Service of the Federation, Sani Teidi Shaibu.

    The Economic and Financial Crimes Commission (EFCC) is prosecuting Shuaibu for his alleged complicity in the stealing of about N5 billion pension funds belonging to civil servants.

    One of the petitions was said to have been written by Shuaibu’s wife, who queried the manner the judge handled her husband’s trial and the judge’s alleged refusal to grant him bail.

    Another petition, it was learnt, was written by the National Human Rights Commission (NHRC), which also queried the judge’s handling of the accused bail.

    Justice Ademola was said to have suspended hearing in the case, insisting on the disposal of a petition written against him on the case, before proceeding with its hearing.

     

    The judge had once refused to allow the accused person on bail on the ground that documents submitted by some of the sureties were found to have been forged. Some officials of the Federal High Court linked with the deal are now on trial.

    The Executive Secretary of the NHRC, Professor Bem Angwe was quoted recently to have assured Shaibu that his commission will look into his case. Prof Angwe had encountered Shuaibu at the Kuje prison, Abuja during one of the NHRC’ prison inspection visits.

    Justice Ademola attracted public attention recently when, in a judgment, he said members of the House of Representatives, who defected from the People’s Democratic Party (PDP) to the opposition All Progressive’s Congress (APC) had no business remaining in the House having defected from the party that sponsored them before the expiration of their tenure.

    The judgment was on a suit by the PDP, with which it sought to restrain members of the House from altering its current leadership composition.

     

  • I’m unfit to stand trial – Nnamani

    A former Enugu State governor, Dr. Chimaroke Nnamani, on Tuesday told the Federal High Court in Lagos that he is unfit to stand trial.

    The ex-governor said he is suffering from a “chronic” heart problem, having undergone surgery and is yet to recover.

    The development again stalled his trial by the Economic and Financial Crimes Commission (EFCC).

    The commission, on March 7, re-arraigned Nnamani before Justice Mohammed Yunusa on 105 counts of money laundering and economic crimes involving about N4.5billion state funds.

    He was charged along with his former aide, Sunday Anyaogu, and six firms – Rainbownet Nig Limited, Hillgate Nig Limited, Cosmos FM, Capital City Automobile Nig Limited, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.

    Part of the allegedly laundered money was meant for some local government areas, which was allegedly transferred to Nnamani’s bank account in the United States.

    The crime was allegedly committed while Nnamani, also a former Senator, was governor between 1999 and 2007.

    The charge was filed seven years ago, but trial is yet to begin because of several delays.

    The case has also passed through four different judges due to transfers and retirements.

    On Tuesday, Nnamani’s lawyer, Mr. Oluyele Delano (SAN), said the principle of fair hearing requires that his client must well enough to defend himself.

    “The first accused person is seriously ill. He has undergone a quadruple bypass, an open heart surgery, and while there was relative success with regard to the surgery, he has had to embark on a slow, tedious recovery process.

    “Unfortunately, he recently suffered a setback to his health in that he continues to suffer chronic chest pains, which the doctors suspect that it may be that his heart is rejecting the pacemaker that has been installed there.

    “My Lord, a dead man cannot be tried. I humbly crave the indulgence of the court to give us more time to be in a position to vigorously defend the allegations against us.

    “The doctrine of fair hearing acknowledges the need for the accused person not to be prejudiced in his ability to defend the accusations against him on account of ill health,” Delano said.

    EFCC’s lawyer, Mr. Kelvin Uzozie, did not oppose the request for an adjournment, but said he did not think Nnamani’s health problem is serious enough to stop his trial.

    He said: “Illness per se is not a ground for stalling trial. The question is, is the accused person capable of understanding the proceedings?”

    Ruling, Justice Yunusa said Nnamani should be given the opportunity to defend himself.

    “A criminal trial is a rigorous activity that requires a strong person,” he said.

  • Fayose still on trial for corruption, says EFCC

    Fayose still on trial for corruption, says EFCC

    The Economic and Financial Crimes Commission (EFCC) yesterday said it is still probing a former Minister of Aviation, Ms. Stella Oduah.

    It also said only the Independent National Electoral Commission (INEC) can determine whether or not former Ekiti State Governor Ayodele Fayose can contest  this weekend’s governorship election.

    EFCC’s Head of Media and Publicity, Mr. Wilson Uwujaren,  addressed reporters yesterday in Abuja on the activities of the commission since March.

    Uwujaren responded to questions on high-profile cases the EFCC had been handling.

    On the quizzing of Ms Oduah for alleged N255 million bulletproof cars’ scam, the EFCC spokesman said the commission was still conducting investigations.

    He said: “I recall, during my last briefing, I craved your indulgence to be patient with the commission. At that time, she (Ms Oduah) had not even been invited to appear before the commission.

    “Since our last meeting and now, I am also all of us know she was invited, she came and made statement to the commission. That investigation is also going on.

    “On Oduah, I  have said it here and I want to say it again that the matter is not closed. She has been invited and she has made a statement…”

    Asked if the  EFCC would allow Fayose to contest the governorship election in Ekiti State, the EFCC spokesman said only the Independent National Electoral Commission (INEC) cold answer the question.

    But he explained that a suspect or an accused is presumed innocent under the nation’s law until found guilty.

    Uwujaren said: “I think the proper place to direct that question to is the INEC, which is the umpire over election. It is not the EFCC. Our job is not to preside over electoral matters.

    “If the umpire believes that the electoral law allows such a person standing trial in court, even though he has not been convicted to stand for election, that is the job of the INEC; it is not for EFCC to decide.

    “Fayose, for your information, is still standing trial on corruption charges before the Federal High Court. That case has been on since 2007. Based on Appeal Court’s decision, the matter was transferred to Ekiti State, where the crime was committed…”

     

     

    “And I recollect the last sitting of the court about two months ago. So,  that matter is still fresh and he has not been cleared, the case is still in court.

    “But by Nigerian Judicial tradition, we assume that he is innocent until proven guilty in court and we cannot at this moment convict him until the court decides.”

    On alleged ongoing investigation of 14 serving governors, Uwujaren said: “ I don’t know where you got the figure of 12 or 14 governors. I do not have any information on that. Once we have anything on any governor, we will pass the information to members of the public.”

    END

     

  • EFCC arraigns 121 suspects for fuel ‘subsidy scam, oil theft’

    EFCC arraigns 121 suspects for fuel ‘subsidy scam, oil theft’

    In what may be its biggest haul of suspected economic criminals till date, the Economic and Financial Crimes Commission (EFCC) has arraigned 121 suspects, including companies, for alleged fuel subsidy scam and oil theft in the Niger Delta.

    It has also recovered about N6.53 billion from evaders of customs duties at the Lagos ports.

    EFCC’s Head of Media and Publicity, Mr. Wilson Uwujaren, addressed reporters yesterday in Abuja on the agency’s activities between March and June.

    The spokesman said some Internet fraudsters had been arrested and prosecuted.

    He said Jesse Omokoh, who allegedly obtained $90,000 from a 67-year-old Australian, Jette Jacobs, in a romance scam, is on trial at an High Court in Ibadan, Oyo State.

    But the agency’s biggest hauls were in its war against theft in the Oil sector.

    The breakdown of the figures showed that 17 oil marketers, 23 oil marketing companies and 81 suspects have been arraigned for alleged oil theft.

    The commission has also seized 11 tanker vessels and 16 tanker trucks used for alleged oil theft.

    Uwujaren said: “Oil subsidy scam: As we speak, I think there are about 17 oil marketers that are being tried, and I am talking of persons who are being tried in court over subsidy scam.

    “But if you add the individuals and their companies, we have over 40 cases on trial for obtaining subsidy from the Federal Government without supplying products. Those cases are ongoing; they are progressing in court at different stages. Apart from the one we have in court, there are also a number of investigations that are going on.

    “Investigation of subsidy is not a straight-forward thing; it is a very complicated procedure. It is not something you can just conclude within a country; you have to deal with organisations with proper jurisdiction, and these things take time.

    “That is reason some people think we don’t have enough people standing trial in court. It is a complicated procedure, and that process is still on.

    “In terms of whether or not we have recovered money from the subsidy thing, I say yes. I recall that about two months ago, the Executive Chairman of the EFCC announced that the commission had recovered N4.3 billion from the subsidy scam. That is very significant, considering the complicated nature of those transactions. We are not relenting in our determination to get to the root of the matter.”

    On how the EFCC collaborated with other security agencies to fight oil thieves in the Niger Delta, Uwujaren said: “Oil theft is a subject that is of concern to every Nigerian. For us as a commission with a mandate to check oil theft by arresting and prosecuting offenders, I’ll like to report that commendable strides have been recorded in checking this menace.

    “Of course, what we have done in this area could not have been possible without the assistance of sister-law enforcement organisations, notably the Navy and the Army.

    “For some of you, who want hard statistics on the records of the commission in fighting oil theft in the Niger Delta, it is my pleasure to report that the commission, from January 2013 till date, investigated 21 cases of crude oil theft. Eleven tanker vessels and 16 tanker trucks were recovered, while 81 suspects have been charged to court.

    “A few weeks ago, two Indians – Sailesh Kumar Singh and Chadrashekar Sharma – were jailed after successful prosecution by the commission for oil theft.

    “The two were among the 12 suspected oil thieves arrested in Brass, Bayelsa State, in 2012 by the Joint Task Force (JTF) with 157,882 litres of suspected stolen crude oil. They are to serve 15 years imprisonment.

    “This should serve as a deterrent for others still engaged in the nefarious trade.”

    On evaders of import duties, Uwujaren said a large-scale investigation on the scandal at the ports led to the recovery of N6.53 billion unpaid Customs importation duties in Lagos.

    The EFCC spokesman said the battle had shifted to Onne Port in Rivers State against duty evaders.

    He said: “The desire to encourage local collaboration and erase unnecessary rivalries in law enforcement is the bedrock of our cooperation with the Nigerian Customs Service (NCS).

    “Our joint recovery team in Lagos recovered N6.53 billion evaded Customs importation duties in Lagos between July 2012 and March 2014.

    “Another joint recovery has began operations at Onne in Port Harcourt in April 2014 to recover Customs’ revenue in the Southsouth. We will be briefing you in the future on the outcome of this exercise.”

    Uwujaren said the EFCC had been unrelenting to stamp out Internet crime.

    He added: “Several cases were brought to trial in the last couple of weeks. First is the arraignment and conviction in Kano of Daniel Okpara, who defrauded people through a facebook account he opened in the name of the Executive Chairman of EFCC, Mr. Ibrahim Lamorde.

    “Okpara lured his victims by promising them jobs with the commission. As we speak, he is in prison, serving a three-year jail term.

    “Early this month, the commission arraigned at an Ibadan High Court, a suspected Internet fraudster, Jesse Omokoh, who allegedly obtained $90,000 from a 67-year old Australian, Jette Jacobs, in a romance scam.

    “Omokoh, 28, allegedly met the lady in an online dating site and struck a relationship with a promise to marry the woman. The lady relocated from Australia to South Africa in November and the accused left Nigeria to meet her in Johannesburg on February 4, 2013. Unfortunately, five days later, she was found dead in her apartment.”

    The EFCC spokesman said the accused fled South Africa but was arrested by the EFCC because of the collaboration it has with the Australian police.

    Also, Uwujaren said officers of the commission were recently in Australia and Spain, where they worked with their counterparts at the West Australia and Spanish National Police.

    “Such engagements enable us to assist the host agencies in pending trans-national investigations, while exposing our staff to international best practices,” he said.

    According to him, the commission has also hosted investigators and prosecutors from Zambia, the United States (U.S), the United Kingdom (UK), the Netherlands, Niger, World Bank and Africa Development Bank (ADB) and signed international memoranda of understanding (MoU) or joint working agreements.

    Other international partners, such as the British Serious Fraud Office, the Economic Crimes Network (New Zealand) the Global Fund, the United States Trade Commission, the World Bank and a host of others had also been sealed.

  • N25.7b ‘theft’: ‘Company MD’s signature wasn’t forged’

    N25.7b ‘theft’: ‘Company MD’s signature wasn’t forged’

    A Lagos High Court, sitting in Ikeja, heard yesterday that a forensic analysis on the forms used in the N10.9 billion loan the defunct Bank PHB Plc granted a firm were not forged.

    Under its former Managing Director, Mr Francis Atuche, the bank allegedly granted the loan to the bank Group Managing Director and Chief Executive Officer of Futureview Financial Services, Mrs. Elizabeth Ebi.

    A forensic expert and defence witness, Mr. Raphael Onwuzuligbo, an Assistant Superintendent of Police (ASP), was giving evidence in the trial of the former bank chief.

    The Economic and Financial Crimes Commission (EFCC) alleged that Atuche, his wife, Elizabeth, and a former Chief Financial Officer of the bank, Ugo Anyanwu, stole about N25.7 billion belonging to the bank.

    The anti-graft agency alleged that the defendants fraudulently called the money a loan granted to some “phony companies”.

    Mrs. Ebi, who testified as a prosecution witness before the court presided over by Justice Lateefat Okunnu, had denied writing various letters bearing her name and allegedly sent to her by Atuche for her to sign in order to regularise the loan after obtaining the fund.

    About 11 of such signed documents were tendered by the prosecution, led by Mr. Kemi Pinheiro (SAN), as exhibits in the trial.

    But Atuche, through his lawyers, led by Chief Anthony Idigbe (SAN), subpoenaed the police forensic expert to examine the signatures used in the transactions.

    At the resumed trial of the matter yesterday,    Onwuzuligbo told the court that forensic examination on the signatures used in the loan transaction showed that they came from the same source. The witness said he was convinced that they were not forged.

    Led in evidence by Idigbe, the witness, who claimed to have 22 years’ experience in documents analysis, explained that though pictorial appearances of signatures used in the transactions might look different, the scientific analysis depicted a master pattern, consistent with Mrs. Ebi’s.

    He said this made the signatures difficult to forge or stimulate by any other persons than the signatory.

    Onwuzuligbo, who used video spectra comparator, magnifying glasses and other scientific equipment in his analysis in the court, said the signatures confirmed certain similarities and inherent features of the signatory in other documents.

    As such, the policeman said, they could not have been made by another person.

    The witness said there may be some differences in the sizes of the strokes and formations, adding that the signatures in exhibits P270 and P272 showed that they were written by the same person.

    On how he arrived at the conclusion, Onwuzuligbo explained that every individual has a habitual pattern and ways of signing documents.

    The forensic expert, who is also knowledgeable in deciphering handwritings, runner stamp impressions and superimposed documents, concluded that the signatures on the documents he analysed came from one person.

    The prosecuting counsel, Kemi Pinheiro (SAN), during his cross examination of the witness, sought to know whether or not the report was signed by the witness and  sent to the defence lawyers.

    But the witness answered in affirmation.

    According to him, the report was sent to the law firm that requested for the analysis.

    Further hearing in the matter was adjourned till today.

  • EFCC arraigns eight for ‘importing fuel without licence’

    EFCC arraigns eight for ‘importing fuel without licence’

    The Economic and Financial Crimes Commission (EFCC) arraigned yesterday eight men at the Federal High Court in Lagos for allegedly importing petroleum products without licence.

    Ademola Ogungbayi, Olabode Olaniran, Suraju Gasali, Moses Emmanuel, Wilson Bonsi, Jacob Padoun, Uche Okparaodi and Happy Onyeogo were charged along with their vessel, MT Good Success, and their Company, Hepa Global Energy Limited.

    They pleaded not guilty to the five-count charges.

    The prosecutor, Mr Rotimi Oyedepo, told the court that the accused committed the offence on February 19 and were arrested by Naval officers within the Nigerian territorial waters in Lagos.

    The accused allegedly imported and stored about 1.46 metric tonnes of Premium Motor Spirit (PMS) without the requisite licence, as provided for by the Petroleum Act.

    The alleged offence is contrary to Sections 4 of the Petroleum Act, Cap. 10, Laws of the Federation, 2004.

    It also contravened the provisions of sections 17, and 19 (6) of the Miscellaneous Offence Act, Cap. M17, Laws of the Federation, 2004.

    Justice Saliu Saidu granted the accused bail for N5 million each with two sureties each in like sum.

    He adjourned the matter till September 23 for trial.

     

  • Still a long road to freedom for Fred Ajudua

    Still a long road to freedom for Fred Ajudua

    FOR detained socialite, Fred Ajudua, the path to freedom from the claws of the Economic and Financial Crimes Commission (EFCC) appears very long. Only on Friday, last week, an Ikeja High Court adjourned further hearing in his trial until September 21. Justice Kudirat Jose adjourned the matter to allow the Court of Appeal to rule on the appeal filed by Ajudua challenging the competence of the charge against him.

    Ajudua and one Charles Orie are being prosecuted by the EFCC. They are standing trial for allegedly defrauding two Dutch businessmen  Messrs Remy Cina and Pierre Vijgen, of $1.69 million (N252.8 million). The lawyer has been a regular guest of numerous law enforcement agencies in Nigeria, as he has reportedly involved himself in some financial deals that have seen him going in and out of Nigerian prisons.

    The free-spending dude from Ibusa, Delta State, has been making frantic efforts to ensure that he escapes imprisonment this time, having reportedly experienced it in the 1990s.

  • Court okays Abuja CCTV probe

    A Federal High Court in Abuja has given permission for commencement of a suit seeking to compel the Economic and Financial Crimes Commission (EFCC) to investigate the execution of the N76billion Abuja Closed Circuit Television (CCTV) contract.

    Justice Adeniyi Ademola, in a ruling on Tuesday granted leave to an Abuja-based lawyer, Olugbenga Adeyemi to “apply for the judicial review of mandamus compelling the 1st respondent (EFCC) to investigate and prosecute” those involved in the contract.

    The ruling was on an ex-parte application by Adeyemi, seeking to compel the EFCC to investigate and prosecute those involved in the execution of the contract awarded by the Federal Government shortly after the first bombing incident in Abuja in 2011.

    By the court’s ruling, Adeyemi is now allowed to apply for an order compelling the EFCC to prosecute those involved in the contract for “financial misappropriation and impropriety” on the ground that the project was poorly executed.

    Adeyemi wants the EFCC to investigate and prosecute the Attorney General of the Federation (AGF), Secretary to the Government of the Federation (SGF), Nigeria Police Force (NPC), Minister of the Federal Capital Territory (FCT), Nigeria Communication Commission (NCC), ZTE Corporation (the Chinese firm awarded the contract) and Nigeria Communication Satelite (NCS), listed as 2nd to 8th respondents.

    The lawyer hinged his application on the ground that the 2nd to 8th respondents “have squandered a whooping sum of N76 billion through their actions and inactions on the Abuja CCTV project.”

    He added that “several years after its installation, the Abuja CCTV installations have not worked even for a day.”