The Nation Newspaper

Tag: EFCC

  • Alleged theft: Court dismisses Akingbola’s application

    Alleged theft: Court dismisses Akingbola’s application

    A Lagos High Court sitting in Ikeja on Friday dismissed the application filed by the former managing director of the defunct Intercontinental Bank Plc, Dr. Erastus Akingbola, challenging its jurisdiction to hear the alleged theft charges preferred against him.
    The court presided by Justice Lateef Lawal-Akapo, in a ruling, declared that the charges preferred against Akingbola and co-defendant are within its competence and purview to determine.
    Akingbola and co-defendant – a former financial officer of the bank, Bayo Dada, had file two separate applications before the court, seeking to quash the N47.1 billion theft charge preferred against them by the Economic and Financial Crimes Commission (EFCC).
    Justice Lateef Lawal-Akapo, in a ruling on the applications, dismissed them for lacking in merit.
    Akingbola and Dada had challenged the jurisdiction of the court to entertain the 22-count charge filed against them by the EFCC.
    Chief Wole Olanipekun, the lead counsel to Akingbola, while arguing his application, told the court that the subject matter of the alleged offences related to banking operations and capital market issues.
    Olanipekun submitted that only the Federal High Court had the jurisdiction to entertain such matters according to Section 251 of the 1999 Constitution of the Federal Republic of Nigeria.
    He cited a judgment delivered by the Court of Appeal, Lagos Division, on November 21, 2013 in a matter filed by a former managing director of Finbank, Okey Nwosu, against the EFCC to back his position.

     

  • Alleged oil theft: Navy hands over arrested vessel to EFCC

    Alleged oil theft: Navy hands over arrested vessel to EFCC

    In keeping to its promise to rid the nation’s waterways of oil thieves and sea criminals, the Nigerian Navy (NN) yesterday handed over a merchant vessel, MT Good Success loaded with 1,940 metric tons of Premium Motor Spirit (PMS) to the Economic and Financial Crimes Commission (EFCC).
    The arrested vessel is one of 39 impounded this year alone by the Navy around the country’s maritime domain for various offences.
    Licenced to load 350 metric tons of AGO, MT Good Success was arrested by the Nigerian Navy Ship (NNS) ANDONI on February 19 on Lagos waters and instead of AGO, it was discovered that the vessel contained 1,940 metric tons of PMS.
    Handing over the suspected vessel to the EFCC, Commander NNS BEECROFT, Commodore Ovenseri Uwadiae said after the navy’s preliminary investigation, a prima facie case was established against the vessel.
    He said the NN headquarters in line with extant provisions, gave the base directives to handover the vessel to EFCC for investigation and prosecution.
    “MT Good Success has clearance to carry 350 metric tons of AGO but upon arrest by NNS ANDONI, it was discovered that instead of the AGO it was cleared to carry, the vessel had 1,940 metric tons of PMS.
    “The conditions for clearance for AGO and PMS are not the same because of the subsidy regime in PMS and so, the ship was impounded.
    “We are using this opportunity to warn members of the public that the game is over. The years illegalities thrived in our maritime domain are over.
    “People must follow due process and ensure they have documents to back their dealings because the Chief of the Naval Staff (CNS), Vice Admiral Usman Jibrin has mandated us to ensure the law takes its full course on those found wanting.
    “So, we advise all players in the maritime domain to follow the rules,” Uwadiae said.
    Accepting EFCC’s plea for the vessel and its content to be kept in navy’s custody on their behalf, Uwadiae said the commission should ensure that a letter be written to that effect so that it will be clearly stated that the navy was keeping the vessel for EFCC.
    Replying, EFCC’s Counter Terrorism and General Investigation boss, Aminu Aliyu praised the NN’s efforts at combating illegal bunkering.
    When asked of the statistics and situation of previous cases handed over to the commission by the Navy, Aliyu said he does not have the details.
    EFCC intends to carryout speedy investigation and possible prosecution of MT Good Success Aliyu said: “I am not here for that. All I am here to do ito receive this vessel and beging investigation.”

  • Corruption has crippled local govt system, says Lamorde

    Corruption has crippled local govt system, says Lamorde

    •Lists payment to political godfathers, four other factors

    Economic and Financial Crimes Commission (EFCC)chair  Ibrahim Lamorde, said yesterday that corruption has rendered the Local Government System redundant.
    He listed five factors that have crippled the system including payment to political godfathers.
    Lamorde spoke  in an address at the EFCC Academy in Abuja at the opening of a training session on “Anti-Corruption, Fiscal Responsibility and Effective Leadership for Principal Officers of all Local Government Councils (LGCS) in Nigeria.”
    The session was a collaboration of both the EFCC and the Association of Local Governments of Nigeria (ALGON).
    Lamorde said: “The problem of corruption and lack of fiscal transparency perhaps remains one of the hydra-headed factors that accounts for the inefficiency and retarded growth the local governments continue to experience in Nigeria today.
    “The system has virtually become superfluous and redundant. Based on evidence which the EFCC, through its numerous investigations has gathered, corruption in local governments in the country thrives in the following areas: (i.) Inflation of prices; (ii) Over-estimation of cost of projects; (iii) The ghost workers syndrome; (iv) Award of contracts and subsequent abandonment; and (v) Outright payment of huge sums of money to political godfathers, etc.
    “Corrupt practices in the local governments have over the years rendered the local governments inactive and devoid of concrete developmental activities. Evidence available to the Commission also shows that economic crimes such as embezzlement, misappropriation of funds, abound in the local governments.”
    The EFCC chairman said although the 1999 Constitution allocates 20.6 per cent of the federal revenue to the local governments, the 774 local government have failed the nation.
    He said local governments in Nigeria are “riddled with both institutional and systemic problems.”
    He added: “As the closest tier of government to the grassroots, local governments are created all over the world to bring development to the local communities. They are therefore expected to develop the local economy so that jobs can be created and some form of small scale industries can also grow in the process.
    “Developing the rural communities also implies forging and strengthening social ties and developing the non-profit sector.
    “The functions of maintaining law and order, ensuring basic sanitation in the rural areas, constructing and maintaining local roads, supplying water, administering local schools, providing skill training and employment for residents amongst others also fall within the residuary powers and constitutional responsibilities of the local governments.
    “Pursuant to this and in order to ensure that local governments have adequate funding for their programs, the 1999 Constitution allocates 20.6%. of the federal revenue to the local governments while 52.68% and 26.72% were allocated to the federal and state governments respectively.
    “However, while Local Governments are said to be the best institutions that can facilitate the efficient and effective service delivery at the grassroots level, the fact remains that local governments in Nigeria are riddled with both institutional and systemic problems.  He said the EFCC was happy to collaborate with ALGON to enlighten and train its officials on what you need to know to avoid corrupt practices so that they do not get into trouble with the law.

  • Court declines to vacate bench warrant against oil marketer

    Court declines to vacate bench warrant against oil marketer

    Justice Adeniyi Onigbanjo of a Lagos High Court in Ikeja declined yesterday to vacate a bench warrant issued against an oil marketer, Oluwaseun Ogunbambo.
    Justice Onigbanjo held that Ogunbambo’s application, in which he prayed the court to vacate the bench warrant against him, was misconceived and ought to be dismissed.
    The Economic and Financial Crimes Commission (EFCC) is prosecuting Ogunbambo alongside another oil marketer, Habila Theck and their company, Fargo Energy Limited, over alleged N979.6 million fuel subsidy fraud.
    Justice Onigbanjo, on February 10, issued a bench warrant against Ogunbambo for failing to appear before the court for the continuation of his trial.
    Ogunbambo’s counsel, Mr Raphael Oluyede, in the application, urged the court to stay execution of the bench warrant pending the hearing and determination of an appeal filed by the defence against the court’s order.
    Oluyede had asked the court to restrain the EFCC from arresting his client.
    But EFCC counsel, Mr Emmanuel Jackson, urged the court to dismiss the application of the defence.
    He described it as an abuse of court process.
    In his ruling, Justice Onigbanjo said there was no exceptional circumstance to could warrant the court vacating the bench warrant.
    He said: “This is a part-heard criminal proceeding in which trials have been adjourned several times because of the absence of the first defendant and to the detriment of the second defendant (Theck).”
    The judge said the warrant was to ensure that Ogunbambo was brought to court for speedy conclusion of the trial.
    Justice Onigbanjo dismissed the application of the defence and advised the EFCC to arrest Ogunbambo.
    At the last hearing, counsel to the EFCC, Mr Rotimi Oyedepo, informed the court that efforts were being made to apprehend Ogumbambo and bring him to court.
    “We will continue to search and hopefully we will get him before the next date of adjournment.
    “He is just like a fugitive because he is not staying in his house and is not on admission at any hospital, as alleged by the defence,” Oyedepo said.
    Justice Onigbanjo adjourned the matter till June 25 for continuation of the trial.

  • Absence of witnesses stalls Ajudua’s trial

    The trial of Lagos socialite and alleged fraudster, Fred Ajudua, again failed to hold yesterday owing to the absence of prosecution witnesses in court.
    The Economic and Financial Crimes Commission (EFCC) had charged Ajudua to court for allegedly defrauding two Dutch businessmen of $1.69 million.
    The EFCC had arraigned him with Charles Okorie before Justice Joseph Oyewole in July 24, 2003 for “defrauding” Messrs Remy Cina and Pierre Vijgen between July 30, 1999 and February 9, 2000.
    Ajudua and Okorie were re-arraigned by the commission last month before Justice Kudirat Jose on the same charges.
    The EFCC had alleged that the defendants conspired with three men, Abiola Fawehinmi, Steven Joiner and Rasheed Adekunle, who are  now at large, to commit the offences between July 30, 1999 and February 9, 2000.
    The commission also said the defendants deceived the victims that the money was for sundry payments to various government officials.
    The EFCC further alleged that the defendants claimed that the payments would help them to facilitate a contract worth $18 million on behalf of the complainants.
    The offences, the agency said, contravene Sections 1(a) and (b) of the Advance Fee Fraud Act of 1995 as amended by Decree No. 62 of 1999.
    At the resumed hearing of the matter yesterday, EFCC’s lawyer, Chief Wemimo Ogunde (SAN) told the court that some of the prosecution witnesses who reside abroad were not in the country because the commission was unsure of how the matter would proceed.
    He recalled that the defence counsel led by Olalekan Ojo had last Friday served the commission with a process for stay of proceedings, adding that Ojo called later to say that the process was served in error. That, he said, was why the commission could not extend an invitation to the witnesses to travel down to Nigeria.
    Ogunde subsequently asked for a 21-day period to enable the EFCC get the witnesses to attend the trial.
    Ojo, who opposed the request for adjournment, said it would be wrong for the court to grant such a long adjournment when his client had been refused bail.
    He also contended that the fact that his chamber mistakenly served the EFCC with a wrong process was not enough reason for the commission not to bring its witnesses to the court.
    The trial judge, Justice Jose overruled Ojo’s argument and adjourned the matter till May 23.

  • Absence of witnesses stalls Ajudua’s trial

    The trial of a one-time Lagos socialite, Fred Ajudua, charged with $1.69 million fraud, was on Monday stalled due to the absence of prosecution witnesses.

    Ajudua and one Charles Orie are being prosecuted by the Economic and Financial Crimes Commission (EFCC) before Justice Kudirat Jose of the Lagos High Court, Ikeja.

    They are standing trial for allegedly defrauding two Dutch businessmen – Messrs Remy Cina and Pierre Vijgen, of $1.69 million (about N252.8 million).

    The News Agency of Nigeria reports that during Monday’s proceedings, the EFCC counsel, Chief Wemimo Ogunde (SAN), told the court that some of the prosecution witnesses reside abroad.

    Ogunde said the defence counsel, Mr. Olalekan Ojo, had on April 25, served the commission with an application for stay of proceedings but later called to say that it was served in error.

    He said the EFCC could not therefore extend invitation to the witnesses to travel down to Nigeria because the commission was unsure of how the matter would proceed.

    According to him, the commission is being cautious because a similar incident occurred in the past when witnesses came but the matter did not proceed.

    Ogunde, therefore, asked the court for a 21-day period to enable the EFCC get the witnesses to attend the trial.

    Ojo, however, opposed the request for the 21 days adjournment, arguing that the period was too long to get witnesses from abroad.

    He said that it would be wrong for the court to grant such a long adjournment when his client (Ajudua) had been refused bail.

    The counsel said the fact that his chambers mistakenly served the EFCC with a wrong process was not enough excuse for the commission not to bring its witnesses to the court.

    In a short ruling, Jose overruled Ojo’s argument and adjourned the matter till May 23 for trial.

     

  • Court rejects arrest warrant for Cross Country boss

    The Lagos High Court, Ikeja, on Monday rejected the request made by the Economic and Financial Crimes Commission, asking the court to issue arrest warrant for a popular transporter, Bube Okorodudu.

    In his ruling, Justice Lateef Lawal-Akapo dismissed the application, which was filed by the Counsel of the EFCC, Mr. Emmanuel Jackson.

    The EFCC had requested for the warrant, following Okorodudu’s refusal to appear before the court to take his plea.

    The News Agency of Nigeria (NAN) reports Okorodudu and his transport firm, Cross Country Limited are charged with alleged N82.8 million theft.

    They are charged alongside another company, Car Link Limited.

    They are facing an eight-count charge of conspiracy, stealing, forgery and uttering.

    In the ruling, the judge held that an accused presence’s was not mandatory at the hearing of the preliminary objection.

    “The Court of Appeal held that the presence of the accused can be dispensed with pending the hearing and determination of the application challenging the charge.

    “The lower court is bound by the decision of the higher court.

    “Therefore, the invitation to issue the bench warrant is declined and the application is hereby refused.”

    Lawal-Akapo adjourned until May 7 for hearing of Okorodudu’s application challenging the jurisdiction of the court.

     

  • Shell seeks transparent sale of four oil blocks

    Shell seeks transparent sale of four oil blocks

    Adherence to global Corporate Governance Principles is expected to play a key role in the selection of firms bidding for the four oil blocks put up for sale by Shell Petroleum Development Company (SPDC).

    Besides, global institutions, respected for their thorough approach to unearthing sleaze and hard stance on same , are poised to ensure that only persons with transparent business records with no link whatsoever to individuals and bodies believed to have benefitted from proceeds of corruption, are allotted the blocks.

    The four oil wells in which Shell has a 45 per cent stake are OML-18, OML- 29, OML-25 and OML-24. Successful bidders for the four blocks may pay close to $5 billion for the stakes held by Shell in conjunction with two other international oil companies.

    The Nation gathered that global agencies averse to unscrupulous and sharp business practices are working in league with the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and foreign governments to probe into sources of funds of the bidding firms.

    A top official of Shell admitted that the oil giant is under pressure to ensure that “ politically exposed persons or those who have corruptly enriched themselves” are not handed the blocks .

    The bidders for the blocks are: Midwestern/Mart/Notore, Sahara Consortium and Dangote/Dansa for OML-18 ; Vertex/ Seplat/Maurel&Prom/VP Global, Glencore/Neconde, Transcorp, Aiteo/Taleveras for OML-29; Lekoil, Crestar, GreenAcres/CCC/Signet Petroleum, NDPR/SAPETRO, and Essar for ML-25 .

    Others in the race are Sahara consortium, PanOcean/Newcross, Shoreline Aiteo/ Taleveras for OML-24.

    Amongst the bidders is the word’s 23rd richest man, business mogul Aliko Dangote, who is behind Dangote/Dansa.

    Midwestern/Notore has Jide Omokore and Wade Chewenko as backers. Tonye Cole, Tope Shonubi and Ade Odunsi are behind Sahara Consortium.

    Aiteo/Taleveras has Benedict Peters and Igho Sanomi as backers, Transcorp has Tony Elumelu. Greenacres is promoted by Funsho Kupolokun and Basil Omiyi. For SAPETRO is General Theophilus Danjuma. Lekoil has Lekan Akinyanmi and some other Nigerians as promoters.

    Global anti-graft bodies and their Nigerian affiliates, it was learnt, are in agreement that firms linked with individuals with tainted records and who are serving jail terms either in or out of the country, or granted reprieve following their conviction should be denied access to any of the blocks.

    It was equally gathered that many of the bidding firms with hazy status are under serious scrutiny and would have their dossiers sent to Shell Nigeria, its parent company in the Netherlands , as well as the Nigerian and foreign governments.

    A Shell official who spoke in confidence because he is not allowed to talk to the media, said: “One area that cannot be overlooked is the sources of funds of interested bidders and the eventual owners of these assets.” The attention of the global community is on Nigeria, with the rapacious inclination of many of its officials to milk the treasury dry, using willing and conscienceless business men and women as fronts, he said.

    He drew attention to the revelations from the ongoing probe of the Nigerian National Petroleum Corporation’s (NNPC’s) crude oil swap, saying: “You see the extent to which some can go in Nigeria to make illicit gains? As a major player in the global business field, Shell cannot afford to be indifferent to the global war on corruption and the drive to enthrone ethical conduct in public office.”

    He said former and serving public officers should never be allowed to corner the nation’s patrimony after corruptly enriching themselves, using proxies.

    The international agencies, including Shell are also considering the antecedents of the bidding firms. They argue that submission of high bids alone should not be enough to win an oil block, but that their track record in oil exploration and their technical knowhow should be equally evaluated, an NNPC official familiar with the process and the concerns of the international community.

    He cautioned against a repeat of the recently concluded sale of the unbundled firms in the power sector where competence and technical knowhow were sacrificed and the attendant worsening of the power situation in the country. Such, he cautioned, should not be allowed in the current sale of Shell’s stake in the four blocks.

    Already, the sale of the blocks is well behind schedule. Billed to be concluded within eight weeks, the process has entered the 12th week, a development that has heightened tension among the bidding firms and also fuelled suspicion.

  • Prosecutor’s absence stalls Fani-Kayode’s trial

    Prosecutor’s absence stalls Fani-Kayode’s trial

    The absence of the prosecutor on Wednesday stalled the trial of a former minister of Aviation, Femi Fani-Kayode, before a Federal High Court, Lagos,

    The News Agency of Nigeria reports that the Economic and Financial Crimes Commission (EFCC) had arraigned Fani-Kayode on an amended 40-count charge bordering on money laundering.

    When the case was mentioned on Wednesday, the matter could not go on due to the absence of the prosecutor, Mr. Festus Keyamo.

    Fani-Kayode’s counsel, Mr. Ifedayo Adedipe (SAN), therefore, asked the court for an adjournment.

    The judge, Justice Rita Ofili-Ajumogobia, expressed displeasure that the prosecutor was absent without writing a letter to the court that he would not be available.

    “This court is displeased that the prosecutor did not have the simple courtesy of writing to inform the court of his absence.

    “This is a case in which the accused attends court from outside jurisdiction, and so, it was wrong for the prosecution not to have intimated the court on his absence,” she said.

    Ofili-Ajumogobia adjourned the case till May 14 for continuation of trial and ordered hearing notices to be issued on the prosecution.

     

     

     

     

  • Alleged theft: Kebbi officials to be re-arraigned June 25

    The Lagos High Court, Ikeja, on Wednesday fixed June 25 for the re-arraignment of two officials of Kebbi State Government accused of stealing N64 million.

    The officials, Yahaya Andarai and Faruk Uduku, were charged to court by the Economic and Financial Crimes Commission.

    Andarai is a Director with the state Ministry of Finance, while Uduku works with Jega Local Government Education Authority.

    The News Agency of Nigeria reports that the defendants would be re-arraigned before Justice Lateef Lawal-Akapo.

    The defendants were previously arraigned on May 2, 2013, before Justice Adeniyi Onigbanjo on a 27-count charge of conspiracy, fraud and stealing.

    They had both pleaded not guilty to the charge and were granted bail in the sum of N2 million each.

    Their re-arraignment was necessitated by Onigbanjo’s transfer to the Commercial Division of the High Court.

    The EFCC counsel, Mr. Ben Ubi, alleged that the defendants conspired with others still at large to commit the offences between August 2009 and August 2012 in Maza-Maza area of Lagos.

    Ubi said the N64 million was entrusted to their hands by the Jega Local Government branch of National Union of Local Government Employees.

    He said the money was to be used for the purchase of motorcycles from Coscharis Motors Limited in Lagos for members of the union.

    According to him, the defendants fraudulently converted the money to their own use instead of using it to purchase the motorcycles.

    Ubi said the offences contravened sections 309, (8), (b) and 516 of the Criminal Laws of Lagos State, 2003.