The Nation Newspaper

Tag: EFCC

  • N1.8b subsidy fraud: Two oil marketers ask court to quash charges

    N1.8b subsidy fraud: Two oil marketers ask court to quash charges

    Two oil marketers – Mahmud Tukur and Alex Ochonogor – have asked a Lagos High Court sitting in Ikeja to quash the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    They filed the request via a preliminary notice of objection before the court presided over by Justice Lateef Lawal-Akapo.

    Charged alongside the two oil marketers is Abdullahi Alao, the son of Ibadan-based business mogul, Aare Abdulazeez Arishekola-Alao, on a nine-count charge of conspiracy, obtaining money by false pretences, forgery and use of false documents.

    Also to answer charges before the court is Tukur’s company, Eterna Plc.

    The EFCC alleged that the defendants obtained N1.8 billion from the Federal Government for purported importation of 80.3 million litres of Premium Motor Spirit (petrol).

    Moving the application, the counsel to the defendants, Tayo Oyetibo (SAN), said the proof of evidence did not support the offences alleged against his clients.

    Oyetibo said the criminal charge preferred against them was an abuse of court process, which should be struck out in the interest of justice.

     

    EFCC counsel, Mr Rotimi Jacobs (SAN), said Section 260 (2) of the Administration of Criminal Justice Law of Lagos State prohibited the court from entertaining such applications.

    He said: “A company, on its own, cannot commit an offence. It has to use human beings to do so.

    “The argument that the principal officers of the company are not liable is baseless. It is the evidence that will distinguish the role of each of the defendants when the trial starts.”

    Jacobs urged the court to dismiss the application for being premature and lacking in merit.

    Justice Lawal-Akapo adjourned the matter till June 27  for ruling.

     

  • Subsidy scam: Oil marketers move to quash charges

    Two oil marketers –  Mahmud Tukur and Alex Ochonogor, have asked  a Lagos High Court sitting in Ikeja to quash the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission.

    Their request is contained in a preliminary notice of objection filed before the court presided by Justice Lateef Lawal-Akapo.

    Charged alongside the two oil marketers is Abdullahi Alao, the son of Ibadan based business mogul, Alhaji Alao Arishekola on a nine-count charge of conspiracy, obtaining money by false pretences, forgery and use of false documents.

    Also to answer charges before the court is Tukur’s company – Eterna Plc.

    The EFCC had alleged that the defendants allegedly obtained N1.8 billion from the Federal Government for a purported importation of 80.3 million litres of Premium Motor Spirit.

    Counsel to the defendants, Tayo Oyetibo (SAN), while moving the application, said the proof of evidence did not support the offences alleged against his clients.

    Oyetibo said the criminal charge preferred against them was an abuse of court process which should be struck out in the interest of justice.

    In view of this, he submitted that the court should discharge and acquit the defendants of the charges brought against them by the commission.

    Oyetibo told the court that the charges against the defendants arose from a joint venture agreement between Eterna Plc, Axenergy Limited, Sahara Energy Resources and Ontario Oil for the importation of fuel into the country.

    Oyetibo said it was not proper for Tukur and Ochonogor, who are the Managing Director and Head of Financial Control of Eterna Plc to be charged for the alleged offences.

  • Pension: Six officials’ trial adjourned to September 24

    The trial of six persons indicted in the police pension scam was on Thursday adjourned to September 24.

    The Economic and Financial Crimes Commission filed a 20-count charge bordering on criminal breach of trust and conspiracy against a suspended permanent secretary, Atiku Kigo; Esai Dangabar, Ahmed Wada, Sani Zira, John Yusuf and Veronica Onyegbula.

    The adjournment was due to the absence of the presiding judge, Justice Husseini Baba-Yusuf.

    Baba-Yusuf, who was said to be indisposed, gave his consent for an adjournment.

    The new date was agreed on by the prosecution counsel, Mr. Rotimi Jacobs (SAN) and the defence lead counsel, Chief Adegboyega Awomolo (SAN).

    The News Agency of Nigeria reports that at the last sitting of the court on February 27, Baba-Yusuf had agreed to the tendering of a document by the prosecution counsel.

    The judge said the document which contains analysis of cheques withdrawals and a copy of certificate from the EFCC, substantially complied with section 84 of the Evidence Act.

    “I think the arguments were heightened because learned counsel to the defence maintained that the documents sought to tender did not comply strictly with section 85 sub (2 and 4) of the evidence act, and that the documents were hear-say,” he said.

    The judge admitted the documents in evidence and marked it as exhibits P6A and P6B.

  • EFCC urges new judge to proceed with Sylva’s trial

    The Economic and Financial Crimes Commission (EFCC) has asked a Federal High Court in Abuja to reject a request by former Bayelsa State governor, Timipre Sylva, not to proceed with his trial pending the outcome of his appeal against the case.

    Lawyer to the EFCC, John Ainetor, argued on Tuesday that Sylva’s request was misplaced because his request was capable of setting wrong signal and defeating the course of justice.

    “Sylva since only filed a notice of appeal and an application for stay of proceedings, but failed to take the necessary steps to compile records and ensure that the appeal is entered, he deemed to have abandoned his appeal and cannot, on the basis of an abandoned appeal, seek a stay of proceedings,” Ainetor argued.

    The lawyer, who relied on section 18 of the Court of Appeal Rules (which state that a notice of appeal shall not act as ground for stay of proceedings) and the Practice Direction of the Federal High Court (which  directs expeditious hearing for criminal cases), urged the court to proceed with Sylva’s trial.

    “It is trite law that interlocutory stay of proceedings capable of defeating the course of justice should not be allowed. Very significant is the fact that there is no order from the Court of Appeal urging this court to stay proceedings,” he stated.

    On the argument by defence lawyer, Israel Olorundare (SAN) that it would amount to judicial impertinence for the court to proceed with the case on being aware of the existence of a notice of appeal filed by his client, the prosecution lawyer argued that the issue of impertinence does not arise if there was no order of stay by the appellate court which the trial judge refused to obey.

    Earlier, Olorundare urged the court to stay proceedings on the basis of the notice of appeal filed by his client against the ruling of the former trial judge, Justice Adamu Bello, who held that he (Sylva) has a case to enter in relation to the six-count charge of money laundering brought against him by the EFCC.

     

  • Property developer dupes Redeem pastor of N4.8m

    A Lagos High Court sitting in Ikeja heard on Monday how a pastor with the Redeemed Christian Church of God, Dr. Dennis Oyakhire, was duped by a property developer, Mrs. Funmi Joseph of N4.8million.

    Dr. Oyakhire, who is also a veterinary doctor and social worker with Shell Petroleum Development Company in Port Harcourt, Rivers State, told the court presided by Justice Oluwatoyin Ipaye that Joseph allegedly duped him of N4.8 million under the pretext of selling a property to him.

    The Economic and Financial Crimes Commission (EFCC) had arraigned the defendant on Monday for allegedly defrauding the pastor of the said sum in a property transaction.

    Arraigned alongside the defendant is her company –  Rockdays Synergy Limited,  through which  the claimant made payment for the property.

    Oyakhire, a pastor with Rivers Province 3 of the church, told the court that sometimes in March 2011, he saw an advertisement on the property in a magazine – Castle Week Magazine and expressed interest in the property.

    He said the defendant had advertised that she has a property for sale at Redemption Camp, along Lagos- Ibadan expressway.

    Under examination by the prosecution counsel, Ben Umbi, Pastor Oyakhire said, “I became interested in the property because I needed a place I would be staying whenever I go to camp. When I came for Special Holy Ghost programme in 2011, I contacted the phone number in the advert and I was led to the first defendant.”

    “The first defendant took me and my cousin who is also a pastor in the church to see various property and we chose the one at the foundation level,” he stated.

  • Alleged N1.1b subsidy fraud: court admits more documents as exhibit

    A Lagos High Court, Ikeja, presided over by Justice Lateefat Okunnu admitted as  exhibits yesterday two new documents on the request of the defence in the trial over alleged N1.1 billion fuel subsidy fraud.

    The documents include a petition written by Falana and Falana Chambers  to the chairman of the Economic and Financial Crimes Commission (EFCC) on behalf of Mrs. Opeyemi Ajuyah and Majope Investment Limited, who are the first and second defendants in the suit.

    Also admitted as exhibit  was the statement by Mr. Adelakun Abolade Saheed, the surveyor from General Marine Oil Services Limited(GMO) at the Lister Terminal, where petroleum product was discharged by a vessel, MT Brave.

    Counsel to the EFCC, Seidu Atte, did not oppose the admittance of the documents.

    The EFCC had charged Mrs Ajuyah and Majope Investment Limited to court over alleged N1.1 billion subsidy fraud.

    On trial also are: Abdullahi Alao, son of Ibadan business mogul, Alhaji Abdulazeez Arisekola-Alao; his company, AX Energy Limited; Olanrewaju Olalusi, a worker with Sterling Bank Plc.

    During cross-examination by counsel to the first and second defendants, Mr Olanrewaju Ajanaku, the EFCC witness, Effa  Okim, told the court that the petition from Falana and Falana Chambers, dated August 17, 2012, was received in the course of investigation into the alleged fraud.

    Justice Okunnu adjourned further hearing in the matter till September 16.

     

  • Ogun PDP aspirant blames opposition for travail

    Ogun PDP aspirant blames opposition for travail

    A governorship aspirant of the Peoples Democratic Party (PDP) in Ogun State, Mr. Kayode Amusan, has described the sealing off of his campaign office in Abeokuta by the Economic and Financial Crimes Commission (EFCC) as “politically motivated”.

    The office was sealed off about a week ago.

    Amusan accused members of “other political groups” of being behind the seal-off, saying he would seek legal redress.

    Addressing reporters in his Ibara, Abeokuta home, he debunked the rumour that the office was sealed off because an AK47 rifle was found there.

    Amusan said: “I am currently on the political landscape of Ogun State, aspiring to contest the governorship election in 2015. It is in pursuit of this aspiration that I was in need of an office accommodation for my aspiration and I got to know of the property located at 190, Gbadebo Road, Abeokuta, being offered for sale.

    “I contacted the landlord, Mr. Felix Oriyomi Ewulo, who offered the building to me for N30,000,000. I conducted a search and discovered he is the rightful owner of the property, after which I made payment through a bank draft on April 24, 2013.

    “After I moved into the property and began my activities there, the EFCC invited me for an interview in its Ikoyi office in Lagos. The EFCC informed me of a petition against Ewulo on allegation of financial crime. I showed them documents for the transaction and told them I was not aware the building had been offered to someone earlier, who only paid a deposit to the landlord.”

    He said Ewulo sold the house to him when the initial buyer failed to pay up and refunded his (the initial buyer’s) deposit.

    Amusan said the initial buyer refused to accept the deposit and reported the matter to the EFCC.

  • Alamieyeseigha: Court strikes out suit against EFCC

    A Federal High Court in Abuja has struck out a suit brought against the Economic and Financial Crimes Commission and its Chairman, Ibrahim Lamorde, by the Bayelsa State Government over the commission’s alleged refusal to remit back the funds recovered from former governor Diepreye Alamieyeseigha.

    The court’s decision was informed by a sudden change of mind by the government, who filed a notice of discontinuance through its Attorney General and Commissioner for Justice.

    The suit was instituted on behalf of the state by the Managing Director of Panic Alert Security System (PASS), George Uboh‎ and a lawyer, Anthony Agbonlahor, who were mandated by the state to help recover the funds – N1.4billion and another 1.3 million USD – said to have been recovered from Alamieyesiegha ‎on his conviction by a Federal High Court in Lagos on July 26, 2007.

    The state had asked the court to among others, order EFCC to pay 21 per cent interest on the N1.4 billion and the $1.3 million from November 1, 2013 until judgment was delivered by the court.

    It prayed the court to, “direct EFCC to pay to it $400,000.00 being the amount forfeited by its former governor and which funds had since been repatriated by the United States Government to the EFCC.‎”

    Baylesa urged the court to declare as corrupt acts, the refusal of the commission to remit back to it, the recovered funds, and that the decision by the EFCC to continue “trading with the funds by way of funds placement/fixed deposits, is an act of corruption and an economic crime contrary to sections 6 and 7 of the EFCC (Establishment) Act, 2004.

    The state also asked the court to declare that Lamorde who took part in the investigation and prosecution ‎of Alamieyesiegha‎ ‎should not have allowed the looted funds recovered from the former governor to be traded with.

    It urged the court to hold that Lamorde was not qualified to continue as chairman of EFCC having violated his oath of office.

     

  • Pension scam: Court orders ex- accountant’s arrest

    A Federal Capital Territory High Court on Wednesday issued a bench warrant for arrest of Babatunde Abisuga, a former accountant in the Federal Civil Service Commission (FSSC), for failure to attend his trial.

    The EFCC, in April 2012, arraigned Abisuga and Mohammed Ndakupe on 12 –count charge bordering on conspiracy, forgery and stealing of N109 million belonging to FSSC pensioners.

    Justice Maryann Anenih gave the order following absence of the accused in court.

    Anenih also ordered that his surety should appear at the next adjourned date and give reasons for the absence of the accused.

    “This case is slated for ruling on the application for stay of execution filed by the accused which is challenging the jurisdiction of the court to hear the case.

    “The accused is supposed to be in court by 9am.

    “The court will not wait for the accused to attend his criminal trial.

    “ The court hereby revokes the bail earlier granted, bench warrant of arrest is hereby issued against him and his surety must appear before the court to show cause,” the News Agency of Nigeria quoted the judge as saying on Wednesday.

    Earlier, EFCC counsel, Mr. Silvanus Tahir, argued that the absence of the accused was a deliberate attempt to slow down the prosecution of the case.

    Tahir said that the accused did not give cogent reasons for his absence.

  • Pump price hike: EFCC begins probe

    Pump price hike: EFCC begins probe

    •Summons oil companies

    The Economic and Financial Crimes Commission (EFCC) has begun investigation into the sales of Premium Motor Spirit (petrol) beyond the official pump price by some oil companies.

    The commission has invited some of the errant companies based on the list forwarded to the anti-graft agency by the Department of Petroleum Resources (DPR).

    Although the official pump price for PMS is N97, there had been price racketeering in some states, including the states in the Southeast, Southsouth, the 19 states in the North and a few states in the Southwest.

    It was learnt that independent marketers are mostly culpable of price racketeering.

    Findings revealed that the DPR, in the past few weeks, carried out a discreet investigation of oil firms involved in the scam.

    The list of the suspected oil companies has been sent to the EFCC for necessary action.

    A source in the anti-graft commission said: “Companies operating in the Downstream sector of the Nigerian oil industry, indicted for manipulating the price of premium motor spirit and selling above the approved pump prices, are to be quizzed by this commission.

    “The list of the errant companies was forwarded to the anti-graft agency by the Department of Petroleum Resources (DPR).

    “Letters of invitation have been dispatched to the affected companies while a crack team of operatives has been assembled in the commission’s Extractive Industry unit.”

    As of press time last night, the EFCC was not specific on the number of oil companies it had invited.

    The source added: “We will release the list as soon as the oil companies and their Chief Executives report to us.

    “Once the list is out, the EFCC will be under pressure from the suspects and their backers.”

    President Goodluck Jonathan, on May 4, said: “I am unaware that petrol is sold above the pump price. The government has no intentions of increasing the price of petrol now but if we must, it will not be done through the back door.”