The Nation Newspaper

Tag: EFCC

  • EFCC re-arraigns Atuche, Ojo over financial misconduct

    The Economic and Financial Crimes Commission (EFCC) on Thursday re-arraigned former managing director of defunct Bank PHB, Francis Atuche and his Spring Bank counterpart, Charles Ojo, over financial misconduct.

    The re-arraignment followed the transfer of the case from Justice Rita Ofili-Ajumogobia, to a new judge, Justice Saliu Saidu.

    The News Agency of Nigeria (NAN) reports that the case had earlier been before Justice Akinjide Ajakaiye and Justice Binta Murtala-Nyako before it was transferred to Ofili-Ajumogobia.

    Murtala-Nyako, who was handling it before Ofili-Ajumogobia, was transferred to the Makurdi Division of the Federal High Court.

    NAN reports that Atuche and Ojo are standing trial on an amended 45-count charge bordering on reckless granting of credit facilities, financial impropriety and general banking fraud.

    When the case was called on Thursday, the charges were read to the accused again and they both pleaded not guilty.

    Consequently, counsel to Atuche, Chief Anthony Idigbe (SAN), urged the court to allow the accused to continue with the earlier bail granted by the previous trial judge.

    He said the first judge, Justice Ajakaiye, had admitted the accused to bail in the sum of N50 million each, with two sureties, each in like sum.

    According to Idigbe, the bail terms were subsequently adopted by Justice Murtala-Nyako on February 3, 2012 and then by Justice Ajumogobia on January 16, 2013.

    He, therefore, urged the court to exercise its discretion in allowing the accused to continue on the earlier bail.

     

  • Fraud: Court orders seizure of undergraduate cars

    The Lagos High Court, Ikeja, on Wednesday granted an order for an interim forfeiture of three expensive cars belonging to a 28-year-old undergraduate, Lawrence Orimogunje.

    Justice Lateef Lawal-Akapo granted the order while ruling on an ex parte application filed by the Economic and Financial Crimes Commission (EFCC), which had charged Orimogunje with forgery and possession of false documents.

    The affected cars are – a Nissan Infinity G35 with registration number EP150 ABJ, a Chrysler 300 with registration number OLD – 01 and a Range Rover Sport with registration number OLD-03.

    In his ruling, the judge held that Orimogunje’s “lifestyle” was not commensurate with what he was earning as a student of Lead City University, Oyo State.

    Lawal-Akapo said conclusive proof was therefore not needed for the order to be granted.

    He said, “Sections 28 and 29 of the EFCC Act of 2004 empower the commission to confiscate any property suspected to have been acquired through fraudulent means.”

    The judge consequently directed the EFCC to seize the cars pending the conclusion of the trial.

    Moving the forfeiture application earlier, the EFCC counsel, Mrs. Anita Imo, said it was brought pursuant to Sections 28 and 29 of the EFCC Act.

    Imo argued that the cars were acquired through suspected Internet fraud activities and urged the court to grant the forfeiture order.

    The News Agency of Nigeria reports that Orimogunje was arraigned on February 15, on a 16-count charge of forgery and possession of false documents.

    The EFCC said the accused was arrested on December 24, 2012 in Lagos for being in possession of various documents used for facilitating internet fraud.

    He had pleaded not guilty to the charge and was granted a N1 million bail, with two sureties in like sum.

    The matter was adjourned till March 18 for trial.

     

  • Court adjourns Babalakin, others applications to dismiss fraud charges

    Court adjourns Babalakin, others applications to dismiss fraud charges

    An Ikeja High Court on Monday adjourned the hearing of an application filed by the Chairman of Bi-Courtney Ltd., Mr Wale Babalakin, to March 14.

    Babalakin, in the application filed before Justice Lateef Lawal-Akapo, asked the court to dismiss the N4.7 billion fraud charge preferred against him and four others.

    The News Agency of Nigeria (NAN) reports the Economic and Financial Crimes Commission (EFCC) had charged Babalakin and the other defendants to court.

    They are facing a 27-count charge of conspiracy, retention of proceeds of a criminal conduct and corruptly conferring benefit on account of public action.

    Babalakin’s co-defendants; Alex Okoh, Stabilini Visioni Ltd., Bi-Courtney Ltd. and Renix Nigeria Ltd, had also filed similar applications challenging the court’s jurisdiction to entertain the charges.

    They also challenged the competency of the charges, arguing that the EFCClacked the power to prosecute them before a state high court without a valid fiat.

    During Monday’s proceedings, the EFCC counsel, Mr Rotimi Jacobs (SAN), told the court that he sprained his ankle last week, in an accident.

    Jacobs said he could not undertake the business of the day (hearing of arguments on the applications), due to the unfortunate incident.

    He, therefore, prayed the court for an adjournment.

    On his part, Babalakin’s counsel, Dr Abiodun Layonu (SAN), urged the court to allow the defence to adopt their written addresses in support of the applications.

    After listening to the requests, the judge held that he was inclined to grant the adjournment on the basis of Jacobs’ injury.

    “If you have an injury just on your fingertip, it will affect the whole of your system completely,” Lawal-Akapo said.

    He, therefore, adjourned the matter till March 14.

     

  • N5b pension ‘fraud’: Court to hear bail application Feb 21

    In Abuja Federal High Court yesterday fixed February 21 to resume hearing in an application for the bail of Sani Shuaibu, who is charged with stealing N5 billion pension fund.

    The News Agency of Nigeria (NAN) recalls that Shuaibu, a former Director of Pension Accounts in the Office of the Head of Civil Service of the Federation, had been in Kuje prison for eight months.

    Justice Adeniyi Ademola said he picked the date to enable the second accused, Eric Omoefe, a former Manager of the defunct Oceanic Bank Plc, to be present in court.

    The judge had granted them bail for N500 million each with two sureties in like sum. The sureties, the court said, must deposit their property title deeds with the court registry.

    He ordered the accused to deposit their travel documents with the court’s registrar and avoid travelling without the permission of the court.

    Shuaibu was alleged to have connived with Omoefe to steal the money meant for pensioners in the country, using nine companies to siphon the fund at different times.

    NAN reports that the EFCC had arraigned the accused on June 7, 2013 on a 22-count charge bordering on conspiracy, fraud, breach of public trust, etc.

    However, eight months after being granted bail, Shuaibu and Omoefe are still in Kuje prison.

    Shuaibu’s counsel, Mr Sunday Ameh, had at the last hearing of the case, informed the court that his client had met all the bail conditions as ordered by the court.

    He had described his continued stay in Kuje prison as “strange”.

    However, when the matter came up at the resumed hearing on Monday, Mr Godwin Obla (SAN), counsel to the EFCC, informed the court that the second accused was not in court.

     

  • EFCC opposes ex-Union Bank director’s bid to halt trial

    The Economic and Financial Crimes Commission (EFCC) yesterday opposed a bid by a former director of Union Bank Plc, Niyi Opeodu to stay proceedings in his criminal trial.

    Opeodu and three former directors Henry Onyemem and Samuel Anyininuola were charged along with the bank’s former Managing Director Barthlomew Ebong.

    EFCC alleged that they unlawfully granted loan facilities to themselves without security and above the approved limit without lawful authority from the Central Bank of Nigeria (CBN).

    About N83.67billion bank funds were alleged to have been used.

    They were also alleged to have granted credit facilities to Falcon Securities, in connivance with its Director Peter Ololo, without collateral. Ololo is also standing trial.

    Opeodu, through his lawyer Chief Wole Olanipekun (SAN) had urged the Federal High Court in Lagos, presided over by Justice Rita Ofili-Ajumogobia, to quash the charges.

    The court, however, dismissed the application, saying the third defendant should face trial.

    However, Opeodu appealed against the ruling at the Court of Appeal in Lagos.

    Yesterday, his lawyer urged Justice Ofili-Ajumogobia to halt further proceedings pending the hearing and determination of the appeal.

    But EFCC’s lawyer Kola Awodein urged the court to dismiss the application.

    He said the defendant is using technicalities to delay the case.

    According to him, Section 40 of the EFCC Act states that the court should not entertain such application in a criminal trial.

    “The court should not exercise any discretion to grant stay of proceedings. If it’s the prosecution that is delaying, the court is entitled to strike out the matter.

    “I urge your lordship, with respect, to refuse the application and to dismiss it,” Awodayin said.

    The defendants were re-arraigned in November 15, 2012.

    Olanipekun had challenged the validity of the charge against his client (third accused), saying it disclosed no cause of action.

    The judge, however, held that the charge sufficiently disclosed a cause of action against Opeodu, a decision the defendant appealed against.

    The defendants are among bank chiefs sensationally removed by CBN Governor Sanusi Lamido Sanusi in August 2009.

  • Court adjourns hearing of Babalakin, others’ applications

    Court adjourns hearing of Babalakin, others’ applications

    The Lagos High Court, Ikeja, on Monday adjourned the hearing of an application filed by the Chairman of Bi-Courtney Limited, Mr. Wale Babalakin, to March 14.

    Babalakin, in the application filed before Justice Lateef Lawal-Akapo, asked the court to dismiss the N4.7 billion fraud charge preferred against him and four others.

    The News Agency of Nigeria reports that they are facing a 27-count charge of conspiracy, retention of proceeds of a criminal conduct and corruptly conferring benefit on account of public action.

    Babalakin’s co-defendants; Alex Okoh, Stabilini Visioni Limited, Bi-Courtney Limited and Renix Nigeria Limited had also filed similar applications challenging the court’s jurisdiction to entertain the charges.

    They also challenged the competency of the charges, arguing that the Economic and Financial Crimes Commission lacked the power to prosecute them before a state high court without a valid fiat.

    During Monday’s proceedings, the EFCC counsel, Mr. Rotimi Jacobs (SAN), told the court that he sprained his ankle last week, in an accident.

    Jacobs said he could not undertake the business of the day (hearing of arguments on the applications), due to the unfortunate incident.

    He, therefore, prayed the court for an adjournment.

    On his part, Babalakin’s counsel, Dr. Abiodun Layonu (SAN), urged the court to allow the defence to adopt their written addresses in support of the applications.

    After listening to the requests, the judge held that he was inclined to grant the adjournment on the basis of Jacobs’ injury.

    “If you have an injury just on your fingertip, it will affect the whole of your system completely,” Lawal-Akapo said.

    He, therefore, adjourned the case till March 14.

     

  • EFCC yet to close case on $3b Abacha loot

    EFCC yet to close case on $3b Abacha loot

    The Economic and Financial  Crimes Commission (EFCC) is not about to  close  its probe of  the alleged $3billion loot linked  to  the late Head of State, General Sani Abacha, officials said yesterday.

    The Federal Government  has already recovered about $2.550billion  of  the $3billion from the late Abacha’s accounts and his family, spokesman for the commission, Mr. Wilson Uwujaren, told reporters in Abuja.

    The briefing focused on the agency’s activities in 2013.

    Uwajaren  said the EFCC  secured 117 convictions  of 533 cases during the period.

    Also still in progress, according to him, is the commission’s investigation of the N255millon bullet proof cars scam, involving a former Minister of Aviation, Ms. Stella Oduah.

    Uwujaren said there was no way the commission could close probe of  the Abacha loot.

    Recovered from his accounts and family are: voluntary surrender($750m); Switzerland ($570m); Jersey ($380m); UK($150m); Luxembourg ($300m); and Liechtenstein ($400m).

    Another £22.5m (N6.18billion)  stashed in the Island of Jersey was recovered in 2011.

    An additional  £20million is being investigated as part of the outstanding $450million.

    Uwujaren said: “We have done substantial work on  the Abacha loot, but we have not totally closed the matter. In investigating financial crime of this nature, a case of this nature is not totally closed.

    “If there are issues on Abacha loot, we will still investigate them. But we have not concluded the probe of the loot.”

    On the N255millon bulletproof cars scam involving a former Minister of Aviation, Ms. Stella Oduah, Uwujiaren said investigation was in progress.

    He added: “I think the issue is not whether or not we are going to invite Oduah, we are on that matter.

    “The commission is on top of that bulletproof cars’ case, and in due course, we will update you. As you know, no responsible anti-graft agency will give you insight into what it is doing at the investigation stage. But we will let you know the outcome of our investigation very soon.”

    Uwujaren, however, said the EFCC recorded about 117 convictions in 2013.

    He added: “As most of you are aware, the rate of conviction is the global benchmark for assessing the effectiveness of a law enforcement agency.

    “It is my pleasure to announce to you that considerable progress was made by the commission in this area in 2013.

    “In 2013, the commission charged a total of 533 cases to court and recorded 117 convictions. This conviction figure represents an improvement over the 105 convictions recorded in 2012.

    “These figures indicate a steady progression in convictions return which is encouraging in the light of the well publicized encumbrances that the EFCC contends with in the prosecution of economic and financial crimes case.

    “99% of these convictions was secured by lawyers from the Legal and Prosecution Department of the EFCC. This has buoyed the determination of the leadership of the commission to strengthen the department and de-emphasize the use of private solicitors for the prosecution of economic and financial crime cases.

    “In recent weeks, the commission has had to re-arraign many of the suspects undergoing trial at the Federal High Court and some state high courts due to the transfer or elevation of members of the bench in these courts.

    “Resources and time have been wasted in the process, but the commission is not deterred. We remain committed to bringing these matters to logical conclusions within the ambits of the rule of law.

    “Going forward, we are encouraged that the performance for 2014 should be better than what was witnessed in 2013. This optimism is informed by the new practice directive by the Chief Justice of Nigeria on the expeditious handling of corruption cases in court.

    “Let me use this opportunity to appeal to all stakeholders within the justice system to cooperate with the EFCC to ensure that the objective of the new practice is achieved.

    “The fight against corruption and financial crimes calls for a concerted effort. I enjoin members of the public, including the media, to be part of this effort by reporting cases of corruption to the EFCC.

    Among those convicted in 2013 were  Pastor Glory Abrefera, the Reverend Vincent Okpogo and their company, Mustard Seed Micro Investment Limited. The duo  were found guilty of carrying out banking practice without licence and collecting over N1 billion from different individuals and organizations as deposits in an illegal investment scheme.

    Justice Ibrahim Buba of the Federal High Court, Asaba, Delta State convicted and sentenced the accused persons to 10 years imprisonment on each count and a fine of N2 million on each of the counts.

    Also on the list is Aminu Sule Lamido, son of the current governor of Jigawa State, Sule Lamido. He was convicted on a money laundering charge and asked to forfeit 25 per cent on the undisclosed sum he was arrested with at the Mallam Aminu Kano Airport.

  • Abacha’s loot: We are yet to close probe – EFCC

    Abacha’s loot: We are yet to close probe – EFCC

    The Economic and Financial Crimes Commission (EFCC) on Friday said it is yet to close probe of $3billion loot allegedly traced to the late head of state, Gen. Sani Abacha.

    The agency also said it secured 117 convictions out of 533 cases in 2013.

    It added that investigation of the N255millon bullet proof cars scam, involving a former minister of Aviation, Ms. Stella Oduah, is still ongoing.

    The Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, who made the disclosures at a briefing in Abuja, said there was no way the commission could close probe of Abacha’s loot.

    About $2.550billion out of $3billion had been so far recovered by the Federal Government from the late Abacha’s accounts and his family.

    The breakdown is as follows: voluntary surrender ($750m), Switzerland ($570m), Jersey ($380m), UK ($150m), Luxembourg ($300m) and Liechtenstein ($400m).

    Barely few months after the 13th year anniversary of his death, the Federal Government also recovered£22.5m (N6.18billion) loot which the late Abacha allegedly stashed in the Island of Jersey.

    Another £20million is being investigated as part of the outstanding $450million.

    Uwujaren said, “We have done substantial work on Abacha’s loot, but we have not totally closed the matter. In investigating financial crime of this nature, a case of this nature is not totally closed.

    “If there are issues on Abacha’s loot, we will still investigate them. But we have not concluded the probe of the loot.”

    On the N255millon bullet proof cars scam involving Oduah, the EFCC spokesman said investigating was in progress.

    He added: “I think the issue is not whether or not we are going to invite Oduah, we are in that matter.

    “The commission is on top of that bullet proof cars’ case and in due course, we will update you. As you know, no responsible anti-graft agency will give you insight into what it is doing at the investigation stage. But we will let you know the outcome of our investigation very soon.”

    Uwujaren, however, said the EFCC recorded about 117 convictions in 2013.

    He added: “As most of you are aware, the rate of conviction is the global benchmark for assessing the effectiveness of a law enforcement agency.

    It is my pleasure to announce to you that considerable progress was made by the commission in this area in 2013.

    “In 2013, the commission charged a total of 533 cases to court and recorded 117 convictions. This conviction figure represents an improvement over the 105 conviction recorded in 2012.

    “These figures indicate a steady progression in convictions return which is encouraging in the light of the well publicized encumbrances that the EFCC contends with in the prosecution of economic and financial crimes case.”

     

  • Court to Ladoja: Go and face trial

    Court to Ladoja: Go and face trial

    A Court of Appeal in Lagos on Friday held that the Economic and Financial Crimes Commission (EFCC) has powers to prosecute former Oyo State Governor, Rashidi Ladoja, for money laundering.

    The court refused an appeal filed by Ladoja through his counsel, Dr. Dapo Olanipekun, praying that the N4.7 billion money laundering charge instituted against him by the EFCC be quashed, following the refusal of a Federal High Court to dismiss the 10- count charge of money laundering hanging on his neck.

    The Appellate Court in its judgment delivered by Justice Sidi Bage disallowed the appeal and ordered the former governor to continue his trial at the lower court.

    Justice Bage in his lead judgment unanimously adopted by other two justices held that the EFCC has power to prosecute under Money Laundering Prohibition Act 2004.

    The panel held that Section 14 of the Money Laundering Prohibition Act, 2004, gives the commission powers to prosecute the former governor.

    The court ruled that Section 7(2) of the EFCC Act also empowers the commission to prosecute money laundering offences.

    But Ladoja through his counsel has vowed to challenge the judgment at the Supreme Court.

    The former governor had in his appeal argued that the proof of evidence accompanying the charges, instituted before the trial court failed to link him with the alleged crime, adding that it did not establish any prima facie case against him.

    He prayed the appellate court to reverse the ruling of the Federal High Court and quash the charges.

     

  • Ajudua wants Bamaiyi arraigned for money laundering

    Fraud suspect, Fred Ajudua, on Wednesday urged a Lagos High Court, Ikeja, to order the Economic and Financial Crimes Commission (EFCC) to arraign a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi, (rtd) for money laundering.

    Ajudua made this request in an application filed by his counsel Olalekan Ojo before the court presided by Justice Oluwatoyin Ipaye.

    In the application, Ajudua challenged the competence of the 14 – count charge preferred against him for allegedly defrauding Bamaiyi of about $5.9m (about N1bn).

    He alleged that Bamaiyi, in his petition and statements to the EFCC, alluded to a number of crimes to which he said the commission ought to charge him to court.

    He listed such crimes to include conspiracy, aiding and abetting, money laundering and corrupting of public officers.

    As a result of this new development, the trial of Ajudual did not commence as scheduled.

    Ojo opposed a request by the counsel to the EFCC, Mr. Seidu Atteh, that Ajudua should take his plea.

    Citing previous Supreme Court decisions, Ojo said that an application challenging the competence of the charges should be taken first before the arraignment.