The Nation Newspaper

Tag: EFCC

  • Judge’s absence stalls trial of ex-Union Bank MD, others

    The absence of Justice Rita Ofili-Ajumogobia of a Lagos Federal High Court on Friday stalled the trial of three ex-bank executives, facing money laundering charge.

    The accused are a former managing director of Union Bank, Bartholomew Ebong, Henry Onyemem, Niyi Opeodu and Samuel Anyininuola, both former directors of the bank.

    Also charged along with accused are Falcon Securities Limited and its Director, Peter Ololo.

    The Economic and Financial Crimes Commission (EFCC) on November 15, 2012, arraigned the accused before Justice Binta Murtala-Nyako of the same Lagos Federal High Court.

    But the case was later re-assigned to Ofili-Ajumogobia, following the transfer of Murtala-Nyko from the Lagos division.

    The EFCC in its charge sheet claimed that the accused used their former positions to unlawfully grant themselves loan facilities without security.

    It added that the accused also approved for themselves loan facilities above the authorised limit, without getting the Central Bank of Nigeria’s authority as prescribed by law.

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

    The anti-graft body said that the offence contravened the provisions of Section 2(3) of the Money Laundering (Prohibition) Act, 2004 and punishable under Section 2(5) of the same act.

    The News Agency of Nigeria reports that the accused, who all pleaded not guilty to the charge, have been on bail, granted them by Murtala-Nyako.

    But at the resumed trial on Friday, the matter could not go on due to the absence of the trial Judge.

    The court’s registrar, however, announced January 27 as date for the continuation of the trial.

     

  • Subsidy: Oil marketer followed due process – Spring Bank

    The Spring Bank Plc on Thursday said that an oil marketer, Rowaye Jubril, followed due process in importation of fuel for which he was given N963.7 million subsidy.

    The News Agency of Nigeria (NAN) reports that Jubril is being prosecuted by the Economic and Financial Crimes Commission for fuel subsidy fraud.

    He is facing trial along with his company- Brila Energy Limited- before Justice Lateefat Okunnu of a Lagos High Court, Ikeja.

    The EFCC claimed that the defendant did not import the 13,500 metric tonnes of Premium Motor Spirit (PMS) for which he was given the subsidy.

    However, the Deputy Manager, Energy Group of Spring Bank, Mr. Uchenna Adobaka, who testified before the court on Thursday, contradicted the EFCC’s claim.

    Adobaka said, “The complete process of importation was complied with.

    “As far as the bank is concerned, we have no evidence to show that the product was sourced locally. We (the bank) believe that it was imported.

    “The witness, who was cross-examined by the Defence Counsel, Mr. Kola Kolade, said the bank financed the transaction by granting Jubril a credit facility of $11.9 million.

    He said the bank appointed General Marine and Oil Services Limited to supervise the importation and discharge of the product on its behalf.

    Adobaka, however, said that the company later wrote to Spring Bank admitting that it did not supervise the discharge of the product at Obat Tank Farm in Lagos.

    The witness also noted that there were discrepancies in the shipping documents submitted by General Marine Oil Services Limited and their corresponding bank, Union Bank, United Kingdom, on the transaction.

    “The document submitted by Union Bank U.K. showed that the mother vessel was MT Overseas Lima while our appointed agent said it was MT Gabros.

    “We wrote to the supplier of the product, Napa Petroleum, who confirmed via an electronic mail that it imported the product for Brila using MT Overseas Lima,” he said.

    He said all the required documents were submitted to the Petroleum Products Pricing and Regulatory Agency (PPPRA) for the processing of the subsidy payment.

    According to him, the subsidy was credited into Brila’s account with Spring Bank.

    He said that the loan was repaid with interest.

     

  • ‘Agbaso was not impeached because of corruption’

    ‘Agbaso was not impeached because of corruption’

    All Progressives Grand Alliance (APGA) chieftain Chief Martin Agbaso is the elder brother of the impeached deputy governor of Imo State, Sir Jude Agbaso. He spoke with reporters in Lagos on the Okorocha Administration, the allegations of bribery against the former deputy governor, the investigation by the Economic and Financial Crimes Commission (EFCC) and other issues. EMMANUEL OLADESU was there. 

    What is the latest on the investigation of the bribery allegation against former Imo State Deputy Governor Jude Agbaso by the EFCC?

    In the third week of March, last year, my brother, Mr. Jude Ikechukwu Agbaso, the former deputy governor of Imo State, was accused of receiving N458 million bribe from a Lebanese contractor.

    Then, I, in very clear terms, said that my brother had nothing to do with the bribery. It was Rochas Okorocha who approved the contract, awarded it, paid the said contractor N1.3 billion of Imo State money without due process, without even an award letter or any form of advance payment guarantee. So, the curious thing at the point was, why would a man who did all this, who got all the benefits that were unprecedented from the governor, go to the deputy governor who was away in India on official assignment, and give him a bribe of almost 40 per cent of the money collected? That didn’t make sense to me. And, I said that, we, as a family, would do every thing humanly possible to get to the crux of the matter; we would do everything to find out who took this money, where the money is domiciled and who the beneficiaries were.

    Then, the news broke. The EFCC, after putting us through grueling, painful, eight months of investigation, finally cleared my brother or any Agbaso for that matter, of any wrong doing, of any involvement whatsoever in the alleged bribe scandal. Again, this man went to the Imo State House of Assembly and said to them: “I am a Lebanese contractor. I have taken N458 million of Imo State money and given to the deputy Governor.” They kissed this man and told him to walk away and began hunting a deputy governor who knew nothing.

    Okorocha said that, as long as Jude Agbaso remained the deputy governor, his life was at risk; that Agbaso could kill him. This is someone whose deputy governor was impeached, someone who got into office on the same ticket as you, was impeached in the most brazen manner, malicious and mischevious manner, in a show of shame that this country has never seen before.

    Are you saying that the impeachment did not follow the due process?

    Before the impeachment panel could even sit to look at the papers, a report had been sent to the House of Assembly. Before the House of Assembly could finish the process, a deputy governor nominee had been selected. Before the man could say Jack Robinson, a new deputy governor was sworn in and yet, the governor said he didn’t know anything about it.

    Was there an agreement on one term between you and the governor?

    There has been a catalogue of anomalies committed by the administration of Rochas Okorocha. You are just determined to destroy my name in the eyes of the Imo people and Nigerians. You had an agreement with me that you were going to be governor for four years and we both signed this agreement, which was witnessed by the National Chairman of the APGA. And you made this pronouncement in churches, in halls, in stadia; everywhere you said to people that you had an agreement with Martin Agbaso that you would be governor for one term, and after that, the governorship would go to Owerri Zone, which rightfully should produce the next governor.

    Instead of doing that, you are looking for a way to tarnish my image. But, it’s not going to work because there is a God out there, who rules in the affairs of men and women. You can’t continue to mislead the people, and lie your way through life as if it’s business as usual.

    Could you shed more light on the so-called EFCC’s clearance of Jude Agbaso

    For the first time in this country, somebody was accused of something and the person wrote to the EFCC, the ICPC to come and investigate him. He said: “If you find me guilty, jail me. But, if you find me innocent, say it so I can clear myself. Now, the job of the EFCC is to investigate the matter. When they are through with investigation, if they find you wanting on any of the allegations, then, they take you to the the court for prosecution. The `EFCC has concluded this investigation and found nothing. The money, which was said to have been given to you as bribe, was lodged in two accounts; one in Dubai and one in Lebanon. We know where these monies are. The EFCC has confirmed that Jude Agbaso did not commit the crime. Joseph Dina himself has said in a written statement that he did not give him bribe. If Jude Agbaso committed any crime, the EFCC would be prosecuting him in court.

    What is your next step now on the matter?

    First of all, I owe the people of Imo State a big apology. I was misled by Governor Rochas Okorocha. I did not know his antecedents before I went into an agreement with him. By everything he has done in Imo State, he has shown that he is a person who does not honour agreement.

    What I saw was a philanthropist, who trains other people’s children. And I believed that, if he could do that, when he gets into a position of authority, our people would be better off. Everything I did was to propel Imo State forward. Because I was already in court for three and half years, fighting a legal battle over elections I won in 2007, I was not prepared to go into an election in 2011. This guy came and, with his normal talk-talk, I thought we had a good candidate. Please, Ndi-Imo, I am sorry for bringing this man. He brought himself and I helped him. I thought it was the best thing to do at the time. But that is the limit of a human being. I could not see tomorrow.

    Now, he is saying that Jude Agbaso was incompetent. How can you say that a man is incompetent when his boss, the governor, was the one who brought the contractor, paid him, awarded the contract without any advance payment guarantee or letter of award.

    This payment did not go through the ministry at all. By the time the commissioner who was the deputy governor knew what was happening, the money had been paid. In fact, the first N200 million that was given to that man was paid in cash. So, how do you say that such a man is incompetent?

    Is it true that the governor paid you for the APGA ticket in 2011?

    I expected an apology from Rochas Okorocha. Yet, instead of apologising to someone who invested heavily in his campaign, and to the young man who has worked with you, you try to destroy him. Instead of apologising, you’re even undermining the letter which exonerated him. The most shameful thing that has come out of Rochas Okorocha’s mouth is that he paid Martin Agbaso for the APGA ticket. I gave Rochas Okorocha my word that I would help him become the governor. I funded his campaign. I brought people to give money. I don’t want to mention their names so I do not embarrass them. How can someone who he is now owing money for funding the campaign be the same person he gave money for ticket?

    Everybody saw me canvassing for votes in every village. My house was the command headquarters for the elections; everything was done in my house. What thank you do I get? You try to destroy my family name. And you see him singing church choruses and quoting the bible. When it’s convenient, he quotes the Qu’ran. Who is he to keep trying to mislead Nigerians and assume that we are foolish?

     

  • Akingbola: Judge disqualifies self from appeal panel

    Akingbola: Judge disqualifies self from appeal panel

    An Appeal Court judge, Justice Tijani Abubakar, yesterday disqualified himself from a three-man appeal panel in a case involving embattled former Managing Director of the defunct Intercontinental Bank Plc, Erastus Akingbola.

    The judge’s decision, it was learnt, followed the fact that in 2010, as a judge of the Federal High Court, he handled a case involving forfeiture of Akingbola’s assets.

    In his judgement at the lower court before his elevation to the Court of Appeal, Justice Abubakar placed an interim forfeiture order on Akingbola’s “assets” and choice properties in Lagos, the United Kingdom (UK), Dubai and Ghana.

    The Economic and Financial Crimes Commission (EFCC) filed an appeal challenging the ruling of Justice Charles Archibong of a Federal High Court, Lagos, which ordered that Akingbola be released from the agency’s custody.

    Ruling on Akingbola’s ex parte application, Justice Archibong had ordered EFCC to suspend all actions pending the determination of the motion. Dissatisfied, the EFCC, through its counsel, Joseph Daudu (SAN), appealed against the ruling.

    At the hearing yesterday, the lead judge, Justice Shagbor Ikyegh, informed the parties of Justice Abubakar’s decision.

    He said the appeal would not be heard until the appointment of a new judge.

    Counsel to the EFCC, Joseph Daudu (SAN), told the court that the appeal was slated for hearing.

    The appeal was adjourned till February 13 for the hearing of the substantive appeal. Also, the EFCC has challenged the dismissal of its 26-count suit against Akingbola by Justice Archibong (now retired).

    The commission averred that the trial judge erred in law when he vacated the 26-count charge filed against Akingbola without giving the appellant the opportunity to be heard.

    In its Notice of Appeal, the EFCC argued that the trial judge erred in law when he dismissed all the charges pending before him against the respondent at a time there was still a motion of stay of proceedings pending before him and without first considering and determining the motion. The EFCC also accused Justice Archibong of not inviting any of the parties to address him before discharging the charges.

    The judge’s action, the agency said, violated their rights to fair hearing, as constitutionally guaranteed in Section 36 of the 1999 Constitution.

     

  • ‘EFCC has withdrawn appeal against me’

    ‘EFCC has withdrawn appeal against me’

    A former Deputy Executive Secretary of the Universal Basic Education Commission, Prof. Bridget Sokan, yesterday said the Economic and Financial Crimes Commission (EFCC) has withdrawn the appeal against a judgment in her favour and six others.

    She said there was no apprehension either in UBEC or EFCC on the judgment, adding that with her acquittal by Justice Adamu Bello of the Federal High Court in Abuja, she was never involved in any perpetration of any fraud in UBEC.

    Sokan and six others were charged to the Federal High Court on May 18, 2009, on a 4-count charge of fraudulent inducement, criminal conspiracy and subversion of due processes in the award of N787 million contract.

    But Justice Adamu Bello of the Federal High Court, Abuja had, in his ruling on September 19, last year, discharged the seven accused persons upholding their ‘no case’ submission.

    Although the EFCC through its counsel, Wahab Shittu, filed a notice of appeal, it later had issues with whether or not to go ahead with the case.

    The commission confirmed that it was reviewing the Federal High Court judgment.

    But Sokan, in a letter through her counsel, Oluwole Aladedoye, faulted a story in The Nation on Monday that the review of the judgment was causing tension.

    The letter reads: “You are aware of the ruling of the Federal High Court discharging and acquitting our client of all counts brought against her by EFCC, yet you still described her as being involved in perpetrating fraud several months after this ruling.

    “The EFCC, to your knowledge, filed a Notice of Appeal against the ruling of the Federal High Court.

    “The same EFCC voluntarily filed a Notice of Withdrawal of Appeal as far back as October 25, last year.

    “There is no apprehension of any sort at UBEC or EFCC concerning the judgment.

    “The Nation published that EFCC appealed the ruling of the Federal High Court, yet the impression is being created in the publication under reference that EFCC is yet to appeal.”

    She said she asked her counsel to write because she had been “inundated with disturbing calls since Monday concerning the publication” which she described as “false, malicious and irresponsible.”

     

  • Counsel’s absence stalls oil marketer’s trial

    Counsel’s absence stalls oil marketer’s trial

    The trial of an oil marketer, Rowaye Jubril, at a Lagos High Court, Ikeja, was stalled yesterday, following the absence of the counsel to the prosecution, the Economic and Financial Crimes Commission (EFCC).

    The commission arraigned Rowaye Jubril before Justice Lateefat Okunnu of an Ikeja High Court.

    Jubril is being prosecuted with his company, Brila Energy Limited, for an alleged N963.7 million fuel subsidy fraud.

    The EFCC alleged that the defendant obtained the money from the Federal Government for the purported importation of 13,500 metric tonnes of Premium Motor Spirit (PMS).

    Jubril had pleaded not guilty to the charges.

    At the resumed trial yesterday, the judge said the EFCC counsel, Mr Seidu Atteh, had sent a letter of apology that he would not be in court.

    Jubril’s counsel, Mr Wale Ilesanmi, also confirmed that the letter was served on the defence.

    Justice Okunnu adjourned the matter till January 22.

     

  • Subsidy scam: Absence of EFCC counsel stalls oil marketer’s trial

    The absence of the counsel representing the Economic and Financial Crimes Commission (EFCC), on Tuesday stalled the trial of an oil marketer, Rowaye Jubril.

    The News Agency of Nigeria (NAN) reports that Jubril was charged before Justice Lateefat Okunnu, of the Lagos High Court, Ikeja, alongside his company, Brila Energy Limited for an alleged N963.7 million fuel subsidy fraud.

    The EFCC alleged that the defendant had fraudulently obtained the money from the Federal Government for the purported importation of 13,500 metric tonnes of Premium Motor Spirit (PMS).

    At the resumed hearing on Tuesday, the judge said the EFCC counsel, Mr. Seidu Atteh, had sent a letter to the court explaining and apologising for his absence.

    Jubril’s counsel, Mr. Wale Ilesanmi, also confirmed that the letter was served on the defence.

    Okunnu adjourned the case to January 22 for continuation of trial.

     

  • Atuche, Ojo’s case reassigned to another judge

    Atuche, Ojo’s case reassigned to another judge

    The Chief Judge of the Federal High Court, Justice Ibrahim Auta, on Monday re-assigned the case filed against the former managing director, defunct bank PHB, Francis Atuche, charged with N125 billion fraud.

    The case which was initially before Justice Rita Ofili-Ajumogobia, has now been transferred to Justice Saliu Saidu.

    No reason was given for the transfer.

    The matter is now scheduled to come up before Justice Saidu on February 20.

    The EFCC filed an amended 45-count charge bordering on the alleged offence againt Atuche and the former managing director of defunct Spring Bank, Charles Ojo.

    The News Agency of Nigeria recalls that the accused were rearraigned before Ofili-Ajumogobia on November 14, 2012, following the retirement of Justice Akinjide Ajakaiye, the first judge.

    They had each pleaded not guilty to the charge and were granted bail.

    NAN reports that in the charge, the accused were alleged to have granted fraudulent credit facilities, manipulated shares and committed general banking fraud to the tune of over N125 billion.

    The offence is said to contravene the provisions of Section 15 of the Failed Banks (Recovery of debts) and Financial Malpractices in Banks Act, 2004.

    NAN reports that the prosecution had yet to open its case before the transfer.

     

     

     

  • Absence of prosecutor stalls ex-NIMASA DG’s trial

    The absence of the prosecution on Monday stalled the trial of Raymond Omatseye, a former Director-General, Nigeria Maritime Administration and Safety Agency (NIMASA), charged with contract scam.

    When the case was mentioned, the Defence Counsel, Mr. Olusina Sofola (SAN), informed the court of the absence of the prosecutor, Mr. Godwin Obla (SAN), whom he said was indisposed.

    He, therefore, prayed the court for a short adjournment to give the prosecutor time to get well enough to attend court trials.

    Justice Rita Ofili-Ajumogobia adjourned the case till February 5, for continuation of the trial,

    The News Agency of Nigeria (NAN) reports that Omatseye is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on an amended 27-count charge of alleged contract scam.

    He was re-arraigned on January 21, 2013, and had pleaded not guilty to the charge and was admitted to bail.

    At the last adjourned date on December 3, 2013, the prosecution had called its second witness, a former Director of Procurement, NIMASA, who testified that Omatseye never executed any contract for the supply of generator sets.

    NAN recalls that In the charge, the accused was said to have been involved in contract splitting and bid rigging, estimated at over N1.5 billion.

    The offences contravene Sections 14(a) of the Money Laundering (Prohibition) Act, 2004, and Sections 58(4) (d) of the Public Procurement Act, 2007.

     

     

  • Court adjourns Babalakin’s trial till February 17

    Court adjourns Babalakin’s trial till February 17

    A Lagos High Court, Ikeja, on Monday adjourned the trial of the Chairman of Bi-Courtney Limited, Wale Babalakin till February 17, to enable the defence lawyers to regularise their applications.

    The News Agency of Nigeria (NAN) reports that Babalakin is being prosecuted for an alleged N4.7 billion fraud before Justice Lateef Lawal-Akapo.

    The Economic and Financial Crimes Commission (EFCC) had charged him for allegedly transferring the monies on behalf of convicted former Delta State Governor, James Ibori.

    He is standing trial alongside Alex Okoh and their companies – Stabilini Visioni Limited, Bi-Courtney Limited, and Renix Nigeria Limited.

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

    During Monday’s proceedings, the judge informed the parties that he needed time to examine some of the processes filed by the defence lawyers.

    He said, “Apart from Roland Otaru (counsel to the third defendant), all the other applications were brought to my attention about 20 minutes ago.

    “In a matter of this nature, it is always good to study the processes and ask pertinent questions as the matter goes along.

    “What I will suggest is that counsel to the defendants sit and identify all these processes and their facts to be sure that all the processes are filed.’’