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Tag: EFCC

MTN workers remanded for alleged N1.358b theft

Two workers of Mobile Telecommunications Network (MTN) and three others were yesterday ordered to be remanded in the custody of the Economic and Financial Crimes Commission (EFCC) by a Lagos High Court sitting in Ikeja for alleged N1.358 billion theft.

Their arraignment and trial before Justice Kudirat Jose was stalled, following the absence of a key witness and one of the defendants.

The MTN workers are Victor Akintunde, 41 and Gani Mustapha, 46, while the others are Mutairu Babatunde, Prima Vera Engineering and Construction Limited and Mabo Dredging Limited.

The third defendant, Mutairu Babatunde, was absent in court.

The EFCC preferred a 17-count of conspiracy, stealing, forgery and issuance of dud cheque against the defendants.

EFCC counsel Emmanuel Jackson told the court that the defendants committed the offences with the intent to defraud.

Jackson alleged that Akintunde, Mustapha and Babatunde with their companies – Prima Vera Engineering and Construction Limited and Mabo Deredging Limited – allegedly conspired to steal N127 million, property of MTN Employees’ Multi-Purpose Cooperative Society (MEMCOS).

Jackson also alleged that the defendants stole N50 million belonging to the cooperative society, adding that the money was fraudulently collected as a deposit for the land they bought from Mutairu Baba Egbe Family on behalf of the society.

The prosecutor alleged that the accused conspired to steal N77 million, property of MEMCOS, being outstanding refund for five hectares, of the 13 hectares bought for the society from the Mutairu Baba Egbe Family on the excuse that the land owners had a defective title.

Jackson said Babatunde and Primavera Engineering and Construction Limited stole N516.697 million, property of MEMCOS.

The prosecution claimed that the defendant fraudulently claimed he used the money to compensate early settlers in 26 hectares of land amounting to 321 plots bought for the society from the Jagun Opolu family.

The EFCC counsel, Emmanuel Jackson, told the court that the defendants committed the alleged offence on April 8, 2008.

The commission also alleged that the defendants, on August 3, 2009, stole N515.697 million, property of MEMCOS, which they fraudulently converted through Mabo Dredging Limited.

According to the counsel, the defendants stole N592.820 million from MEMCOS under false pretence.

He added that the money represented the payment to Lagos State government for documentation and the governor’s consent.

The defendants on April 25, 2008, he alleged, also obtained N990 million under the pretence that the money was for the payment of 13 hectares at Okun Ajah Community.

The third, fourth and fifth defendants were also alleged to have issued a First Bank cheque with N427 million in favour of MEMCOS but the cheque was reportedly dishonoured when it was presented at the bank for lack of insufficient fund in the account.

The judge fixed February 27 for the arraignment of the defendants.

February 12, 2014
Businessman arraigned for ‘defrauding’ Dangote distributor of N18m

The Economic and Financial Crimes Commission (EFCC) arraigned yesterday a businessman, Sayyu Zakari, before a Lagos High Court sitting in Ikeja, for allegedly defrauding a distributor of N18 million worth of Dangote Noodles.

The businessman was arraigned with his company, Alrander Ltd, before the court presided over by Justice Kudirat Jose.

They are facing a three-count charge of stealing, fraud and issuance of dishonoured cheque.

Zakari, 34, was said to have been supplied 9000 cartons of Dangote Noodles by the complainant, Michelle Edmund Ventures.

The EFCC alleged that the defendant issued two Fidelity Bank cheques on the same day to the distributor.

The agency told the court that one of the cheques, numbered 02107680, instructed the bank to pay the complainant N9,180,000.

The other cheque, numbered 02107681, instructed that the complainant be paid N9,000,000.

The agency said both cheques were dishonoured by the bank on the grounds that there was no sufficient fund standing to the credit of the account on which they were drawn.

A petition written to the EFCC on behalf of the owner of the distributing firm, Mr. Olufunmilayo, by his counsel, Hyacinth Odu, alleged that the defendant was introduced to the complainant by Mojisola Folakemi Fisher, said to be the Head of Sales Department of Dangote Noodles in Ikorodu.

The petition claims that Dangote Noodles has refused to supply further products to the distributor as a result of failure by Zakari to pay.

The EFCC said the offences committed by Zakari were contrary to and punishable under Section 285(1) of the Criminal Code Cap. 34, Volume 44 of the Laws of Lagos State of Nigeria and Section 1(1) of the Dishonoured Cheques (Offences) Act, Cap D11, Laws of the Federation of Nigeria.

The defendant, however, pleaded not guilty to the three-count charge.

Justice Jose ordered that he be remanded in Kano prison and adjourned the matter till March 6.

February 12, 2014
Alleged money laundering: Court directs Fani-Kayode to take plea

•March 5 fixed for arraignment

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

Ruling on an objection raised by his lawyer Mr. Ifedayo Adedipe (SAN), the judge said the charge is valid.

Justice Ofili-Ajumogobia fixed March 5 for Fani-Kayode’s re-arraignment on an amended 40-count charges.

Adedipe raised the objection when EFCC prosecutor Mr. Festus Keyamo sought to re-arraign the former minister.

After count-one was read, Adedipe said the charge was invalid as the facts were incomplete.

The charge, he said, stated that Fani-Kayode “accepted cash payments”, but did not specify who gave him the money.

Adedipe said his objection was based on Section 167 of the Criminal Procedure Act.

“The accused is alleged to have received money from a nameless, anonymous person. We have to know the person so we can know who to address. As it is, the charge is vague.

“They alleged that he ‘accepted’. When you accuse somebody of accepting money, clearly the person from whom the money was accepted becomes important.

“The other charges there… one of them accused him of having his wife pay money into his account. These charges cannot be valid,” he said.

But Keyamo said the argument that the giver of the money in a charge of money laundering must be disclosed makes utter nonsense of the very essence of the law prohibiting money laundering.

This, he said, is because money laundering is a crime that seeks to obliterate the very source of large sums of money found on people.

“It, therefore, follows that the concealment of the giver of the money, which is subject to investigation by an accused, cannot defeat a charge of money laundering.

“If we accept the argument of defence, it means that all an accused can do to defeat the effort of the prosecution is to refuse to disclose from where he derives any large sum of money found on him.

“That will be preposterous and will defeat the object of the law,” Keyamo argued.

Justice Ofili-Ajumogobia agreed with Keyamo, saying in a money laundering charge, the giver of the money must not necessarily be specified.

“The giver must not be stated. I agree that it’s the inability to trace the source of the money that forms the element of the charge,” the judge said.

According to her, the defence counsel was wrong in his arguments.

“It’s an abject misconception for the defence counsel to raise the objection,” Justice Ofili-Ajumogobia held.

The judge further held that the fact it was merely stated that Fani-Kayode received money without stating who gave it to him does not in any way invalidate the charge.

“This does not affect the validity of the charge,” she said.

The judge held that the emphasis is on the concealment of the ownership of property, which amounts to the crime of money laundering.

“The accused is directed to plead to the charges,” Justice Ofili-Ajumobia ruled.

February 11, 2014
EFCC quizzes lawyer over N70m dud cheques

Lagos-based lawyer and principal partner of LPC Solicitors, Ms. Shade Ogundare, is being quizzed by operatives of the Economic and Financial Crimes Commission (EFCC), Ikoyi, Lagos for allegedly issuing N70 million dud cheques to her clients – Oyemade Royal Family of Onibeju – being proceeds from the sale of a land belonging to the family in Eti-Osa, Lagos.

She was arrested following a petition by Nickezab and Associates, solicitors and property consultants to Banjoko, Oyetubo and Okun-Ade, the three branches that constitute the Oyemade Royal Family for alleged lack of accountability and gross embezzlement of the family funds.

The petition dated November, 18, 2013, which was received by the EFCC on November 20, same year, detailed the alleged “fraudulent dealings and sale of Oyemade Royal Family land by Ms. Shade Ogundare and her cohorts worth over four billion naira.”

The petition reads in part: “That Oyemade Royal Family is the true owner of all that expanse of land situated at Oni-Ibeju Sangotedo Village in Eti-Osa Eti-Osa Local Government Area of Lagos State, measuring 201 hectares covered by a Certificate of Occupancy No. 75/75/1996AE.

“That the Certificate of Occupancy was obtained in respect of the land on behalf of the family in the family’s holding company’s name, Oyetubo Joko T’ Ade Est Resources Ltd with RC No. 278537. That Ms. Shade Ogundare was appointed by the family/company as an attorney for the purpose of sale, dealings, transaction of monies accruing to the family/company and which appointment has since been revoked.

“That the said Ms. Shade Ogundare has been dealing and carrying out transaction on the said land for over 15 years now without making or reconciling accounts with the family or the company as this act has left members of the family impoverished. She has swindled our clients to the tune of over N4 billion.

“That apart from this heinous financial crime against the family, she has resorted to harassment and intimidation of our clients whenever they demanded that she settle accounts. She has equally put her stooge, Mr Kelechi Mbagwu, on the land who has now employed the services of mobile police officers who harass and intimidate our clients.”

Upon interrogation by the EFCC in the presence of members of the families, she allegedly said: “When the cheques could not be cleared, I transferred the money into their accounts.” EFCC promised to investigate her claim and granted her bail.

After fruitless attempts to get Ms. Ogundare’s comments, her lawyer, Mr Bosun Osifowora, who spoke on phone, declined comments because the case is still being investigated by the EFCC.

February 11, 2014
FG drops fraud charges against Abiola’s wife

The Federal Government has dropped criminal charges brought against the wife of winner of 1993 Presidential election Moshood Abiola, Doyin.

She and three others were charged with misappropriating over N500million belonging to the defunct Integrated Micro-finance Bank, but they never took their pleas.

The prosecution has filed amended charges against the bank’s former managing director of the bank Akinteye Ademola and two former directors – Jerry Orimovuohoma and Oladapo Bello.

The previous charges, which had Mrs. Abiola’s name as one of the former directors, had been withdrawn.

Mr. Akin Akintewe of the Federal Ministry of Justice on Monday told the court of the amended four-count charges dated February 6.

He prayed the court to withdraw the initial charge dated June 10 and replace it with the new charge. The prosecution lawyer also sought an adjournment to enable him serve the amended charge on the remaining accused persons.

In count one of the new charge, the accused persons were alleged to have conspired to grant unauthorized credit facilities to the tune of N327. 6 million to themselves without collateral.

In the second count, Akinteye was said to have caused the sum of N131.17 million to be withdrawn by one Adewale Ayoade, which he (Akinteye) allegedly converted to his personal use.

In count three, Orimovuohoma was alleged to have recklessly granted credit facilities amounting to N29.2 million to himself.

In the fourth count, Bello was alleged to have granted facilities to himself in the tune of N3.2million.

The offences contravene the provisions of sections 19 (a), 20, 20 (a) and 23 (4) of the Failed Banks (recovery of debts) and Financial Malpractices in Banks Act, 2004.

Justice Okon Abang struck out the charges dated June 10 and adjourned till March 5 for arraignment.

February 10, 2014
Subsidy scam: Court Issues bench warrant against oil marketer

Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja, on Monday issued a bench warrant for the arrest of an oil marketer, Mr. Oluwaseun Ogunbambo.

The trial judge issued the warrant following the defendant’s continuous failure to appear in court for trial.

The Economic and Financial Crimes Commission (EFCC) had arraigned Ogunbambo for allegedly collecting N979.6m fuel subsidy without supplying the product.

Arraigned alongside Ogunbambo are Habila Theck and their company, Fargo Energy Limited.

They were arraigned on July 31, 2012 on a six-count charge of conspiracy, obtaining money by false pretences, forgery and use of forged documents.

At the last adjourned date, the EFCC had accused Ogunbambo of using delay tactics to stall the commencement of his trial by pretending to be sick.

But counsel to the oil marketer, Mr. Mobolaji Akintunde, had then told the court that his client had sustained a spinal cord injury after falling from a bathtub.

Akintunde told the court that Ogunbambo was presently receiving treatment at the Nigerian Army Reference Hospital in Yaba, Lagos.

He presented a medical report signed by one retired Brigadier General J.A. Aremu, to back up his claim but Justice Onigbanjo ruled that the authenticity of the medical report should be verified.

At the resumed hearing on Monday, counsel to EFCC, Emmanuel Jackson, told the court that though the medical report had been verified to be authentic, but there was nothing in it to suggest that the oil marketer is not fit to continue with his trial.

February 10, 2014
Money laundering: Court directs Fani-Kayode to take his plea

Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos on Monday directed a former Minister of Aviation, Chief Femi Fani-Kayode, to take his plea in the money laundering charges brought against him by the Economic and Financial Crimes Commission (EFCC).

Ruling on an objection raised by his lawyer Mr. Ifedayo Adedipe (SAN), the judge said the charge is valid.

Justice Ofili-Ajumogobia fixed March 5 for Fani-Kayode’s re-arraignment on an amended 40-count charges.

Adedipe had raised the objection when EFCC prosecutor Mr. Festus Keyamo, sought to re-arraign the former minister.

After count-one was read, Adedipe said the charge was invalid as the facts were incomplete.

The charge, he said, stated that Fani-Kayode “accepted cash payments”, but did not specify who gave him the money.

Adedipe said his objection was based on Section 167 of the Criminal Procedure Act.

“The accused person is alleged to have received money from a nameless, anonymous person. We have to know the person so we can know who to address. As it is, the charge is vague.

“They alleged that he ‘accepted’. When you accuse somebody of accepting money, clearly the person from whom the money was accepted becomes important.

“The other charges there… one of them accused him of having his wife pay money into his account. These charges cannot be valid,” he said.

But Keyamo said the argument that the giver of the money in a charge of money laundering must be disclosed makes utter nonsense of the very essence of the law prohibiting money laundering.

This, he said, is because money laundering is a crime that seeks to obliterate the very source of large sums of money found on people.

“It, therefore, follows that the concealment of the giver of the money which is subject to investigation by an accused person cannot defeat a charge of money laundering.

“If we accept the argument of defence, it means that all an accused person can do to defeat the effort of the prosecution is to refuse to disclose from where he derives any large sum of money found on him.

“That will be preposterous and will defeat the object of the law,” Keyamo argued.

February 10, 2014
Trial of ex- Union Bank executives adjourned

A Federal High Court in Lagos on Friday adjourned till February 17, the trial of some former executives of Union Bank Plc, charged with money laundering.

The accused are a former managing director of the bank, Barthlomew Ebong; Henry Onyemem, Niyi Opeodu and Samuel Anyininuola, former directors of the bank.

They are charged by the Economic and Financial Crimes Commission (EFCC) alongside a company, Falcon Securities Limited and its Director, Peter Ololo, on 20 count-charge of money laundering.

At the resumed hearing of the case on Friday, the prosecutor, Mr. Kola Awodehin (SAN), informed the court of a pending motion filed by the third accused for stay of proceedings.

He, however, informed the court that the prosecution had filed a counter affidavit and preliminary objection to the motion for stay, adding that the third accused just served him with a reply on Friday.

He, therefore, prayed the court for adjournment to enable him to study the counter affidavit to the processes filed by third accused person.

Counsel representing the third accused person, Dr. Dapo Olanipekun, said that his reply was actually served on the prosecution in court on Friday and that he had no objection to the request for adjournment.

Justice Rita Ofili-Ajumogobia consequently adjourned the case to February 17 for continuation of trial.

The News Agency of Nigeria (NAN) recalls that the accused were re-arraigned on November 15, 2012.

They were alleged to have granted loan facilities to themselves without security and above the approved limit, without lawful authority from the Central Bank of Nigeria.

Ebong and other executives of the bank were also alleged to have granted several credit facilities to Falcon Securities, in connivance with its Director, Ololo, without collateral.

February 7, 2014
Alleged theft: Transporter’s arraignment adjourned till February 12

The Lagos High Court on Thursday adjourned the arraignment of a popular transporter, Bube Okorodudu, over an N82.8 million theft, till February 12.

The arraignment, which was earlier fixed for February 6, was adjourned because it was not listed for hearing by the court in its cause list.

The News Agency of Nigeria (NAN) reports that Okorodudu and his transport firm, Cross Country Limited, will be arraigned alongside another company, Car Link Limited.

The defendants would be arraigned before Justice Lateef Lawal-Akapo, by the Economic and Financial Crimes Commission (EFCC).

They are facing a nine-count charge of conspiracy, stealing, forgery and uttering.

The EFCC counsel, Mr. Francis Usani, alleged that the defendants conspired among themselves to commit the offences between February and August, 2009.

Usani said they stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Limited.

According to him, the buses are fraudulently sold to GMT Nigeria Limited; Multichoice Nigeria Limited; and Law Union and Rock/TFS Finance Limited.

He also accused the defendants of forging a document entitled: “Nigeria Customs Service Motor Vehicle Duty Certificate,” to facilitate the alleged stealing.

The prosecutor said the offences contravened Sections 390, 467 and 468 of the Criminal Code, Laws of Lagos State of Nigeria, 2003.

NAN recalls that the offence of stealing attracts between seven and 20 years imprisonment, if an accused is found guilty.

February 6, 2014
Court picks April 3 for Daniel’s trial

An Abeokuta High Court on Thursday fixed April 3 and April 4 for the continuation of the trial of a former governor of Ogun State, Chief Gbenga Daniel.

The News Agency of Nigeria reports that Daniel is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 38-count charge bordering on fraudulent conversion of land and diversion of public funds.

The former governor, however, filed an appeal at the Court of Appeal, Ibadan, challenging a ruling of the lower court which dismissed his plea to quash counts 1-13 of the charges.

Justice Olanrewaju Mabekoje of the Abeokuta High Court consequently adjourned the case till February 6 to enable the appellate court rule on the appeal.

At the resumed proceedings on Thursday, Daniel’s counsel, Mr. Tayo Oyetibo, told the court “there is no more hurdle in the way of the trial.”

He said the court of appeal had ruled that his client should also stand trial for the counts 1-13 in the subsisting suit.

EFCC counsel, Mr. Toyosi Kuteyi, who confirmed the development thereafter asked for a trial date.

The case was subsequently adjourned to April 3 and April 4 for continuation of trial.

February 6, 2014