The Nation Newspaper

Tag: EFCC

  • EFCC reviews ruling on ex-UBEC men

    EFCC reviews ruling on ex-UBEC men

    The Economic and Financial Crimes Commission (EFCC) yesterday said it was still reviewing the judgment of the Federal High Court in Abuja, which dismissed corruption charges against a former Executive Secretary of the Universal Basic Education Commission (UBEC), Prof. Bridget Omotunde Sokan, and six others.

    The others are: Molkat Manasseh Mutfwang, Dr. Andrew Ekpunobi, Michael Aule and the companies used in perpetrating the alleged fraud, Intermarkets, USA; Intermarkets Nigeria Limited and Alexander John Cozman, a foreign contractor.

    There was uncertainty whether or not the EFCC would file an appeal against the judgment.

    The seven accused were arraigned at the Federal High Court on May 18, 2009, on a 41-count of fraudulent inducement, criminal conspiracy and subversion of due processes in the award of a N787-million contract.

    But Justice Adamu Bello of the Federal High Court, Abuja, on September 19, last year, discharged the seven accused, upholding their “no case” submission.

    EFCC is yet to appeal the judgment, which is unsettling officials of UBEC.

    It was learnt that counsel to EFCC Mr. Wahab Shittu claimed that the prosecution placed before the court 75 admissible materials.

    The evidence also included oral testimonies of seven witnesses.

    It was gathered that EFCC Chairman Ibrahim Lamorde insisted on treating the case on merit.

    A top source said: “As a matter of fact, the EFCC chairman last week demanded a brief from those connected with the case. As an objective leader, he said he would listen to arguments before taking a position.

    “Expectedly, there are arguments for and against the intent to file an appeal. There might still be a meeting on the matter this week.”

    EFCC’s Head of Media and Publicity of the EFCC Mr. Wilson Uwujaren said: “The only thing is that the judgment is still being reviewed by the commission.”

    Another source said: “There had been anxiety in UBEC on the fate of the affected staff because one of them is a top management staff.

    “If the former deputy executive secretary is reinstated in the light of the judgment, it means one of the present deputy executive secretaries would have to vacate his or her seat.

    “The timely decision of the EFCC would also guide the commission.”

  • EFCC begins trial of ‘Wonder bank’ manager

    A Lagos High Court, Ikeja, on Thursday began substantive trial of a fund manager, Segun Bright, charged with N390 million fraud.

    Bright, who is the Managing Director of Wexford Global Resources Limited, is standing trial before Justice Oluwatoyin Ipaye.

    The News Agency of Nigeria (NAN) reports that the 37-year-old man is facing a 21-count charge of obtaining money by false pretences.

    He is being prosecuted by the Economic and Financial Crimes Commission (EFCC).

    Bright pleaded not guilty on arraignment, and was granted bail in the sum of N3 million with two sureties in like sum.

    On Thursday, the EFCC Counsel, Mr. Emmanuel Jackson, called the first prosecution witness, Mr. Patrick Akwalanu, to testify against the accused.

    Akwalanu said that he met Bright in May, 2010 during a seminar organised by Wexford Global Resources Limited at the company’s premises at Abule Egba, a Lagos suburb.

    He said that Bright introduced various investment schemes to participants, and that this attracted his attention.

    The witness said: “The first scheme was the Cash Stream Concept which requires an investor to register with N15, 000.

    “Under this scheme, if you buy products from the company worth N5,000, the accused will pay you N21,000 as interest at the end of the month.’’

    Akwalanu said that Bright also promised to pay N3, 750 as a commission to an investor who introduced any other to the company.

    He said the accused assured investors that the initial N15,000 deposit would be refunded to them after two months.

    According to him, the second scheme, the Wexford Cooperative Programme, lured members with over a hundred per cent return on investment.

    “If you invested N300, 000, after three months, you will be expecting N750, 000,”the witness said.

     

     

  • Appeal Court reserves judgment in Ladoja’s suit

    Appeal Court reserves judgment in Ladoja’s suit

    The Court of Appeal, Lagos Division, on Wednesday reserved judgment in the appeal filed by former Oyo State Governor, Rasheed Ladoja, challenging the propriety of the corruption charges levied against him by the Economic and Financial Crimes Commission (EFCC).

    The appellate court arrived at the decision shortly after taking arguments from lawyers in the matter who had argued favourably on behalf of their clients.

    Presided over by Justice Sidi Bage, the court had at the last adjournment (November 20, 2012) noted that hearing Ladoja’s appeal will mount more pressure on the court, as each judge had about 10 judgments to deliver.

    Ladoja through his counsel, Wole Olanipekun (SAN) had in his appeal filed in March 2010, prayed the court for an order quashing the criminal charge filed against him by the EFCC.

    In his notice of appeal, Ladoja contended that the proof of evidence placed before the lower court by the anti-graft agency had no nexus with the charge against him, and did not disclose any prima facie case against him.

    He asked the court for a declaration that the EFCC has no power, jurisdiction or authority to prefer any criminal charge against him.

    EFCC had arraigned Ladoja before Justice Ramat Mohammed of a Federal High Court, Lagos, in November 2008 alongside one of his former aides, Chief Waheed Akanbi, on an amended 10-count charge of money laundering to the tune of N4.7 billion.

    They were said to have conspired to convert properties and resources derived from an illegal act, with the aim of concealing the illicit origin of the properties and resources.

    It was further alleged that Ladoja used about N42 million to purchase an Armoured Land Cruiser Jeep, and remitted about £600 thousand pounds to one Bimpe Ladoja in London.

    But, the accused pleaded not guilty to the charges and were admitted to bail.

     

     

  • Fayose threatens to sue Fayemi

    Fayose threatens to sue Fayemi

    Former Ekiti State Governor Ayodele Fayose has threatened to sue Governor Kayode Fayemi for his comment on the poultry project initiated by his administration.

    On Monday, Fayemi said Fayose’s poultry project could not be revived like the projects of other administrations because it was designed to fail.

    Fayose is on trial for allegedly mismanaging funds meant for the project.

    His counsel, Ajayi Owoseni, said yesterday that his client would sue Fayemi for commenting on a matter that was in court, adding: “In law, nobody is allowed to comment on any matter that is in court.”

    Owoseni, who is also the director-general of the Ayo Fayose Campaign Organisation (AFCO), said suing Fayemi and his Chief Press Secretary, Mr. Yinka Oyebode, for contempt of court was necessary to preserve the dignity of the judiciary and check others.

    He alleged that Fayemi was trying to misinform the public, adding that he lacked correct information about the project.

    Owoseni urged the governor to seek information on the scope of work done before the Economic and Financial Crimes Commission (EFCC) stopped the project.

  • Ola vs EFCC: Implications of Appeal Court ruling

    Ola vs EFCC: Implications of Appeal Court ruling

    A lawyer, Ephraim Ugwuonye, writes that a Court of Appeal judgment in a case involving Senator Olabode Ola and the Economic and Financial Crimes Commission (EFCC) may open a floodgate of litigations against the agency.

    Beneath the gaze of the public, there has been raging a fierce battle of nerves and principles between the Economic and Financial Crimes Commission (EFCC) and Senator Festus Olabode Ola in the court of law since the past five years.

    It started in March 2008, when the EFCC arrested Senator Ola. It continued through November 26, 2013, when the Court of Appeal sitting in Jos affirmed the judgment of the lower court awarding millions to Senator Ola.

    Justice prevailed and Senator Ola won again against the EFCC, which shall be making the law reports as EFCC vs. Friendly Hotels Limited and Festus Olabode Ola, Appeal No. CA/145/2012.

    As a background, in 2008, while Senator Ola was in court fighting to claim his electoral mandate to represent Ekiti State at Senate, his political opponents sought to eliminate him as a contender.

    The EFCC officers swooped into the Friendly Hotels, in Ado Ekiti, owned by the Senator. The officers disrupted normal hotel business, carted away the computers at the hotel’s business center and arrested the Senator. They claimed they suspected that cyber scammers were using the hotel’s business centre. No single such scammer was ever arrested.

    In the 2008 incident, no crime was ever established against the Senator. It was just that he and the manager of the hotel were arrested, ruffled and supposedly scared by the EFCC officers. No crime was ever alleged. None of the computers taken away from his hotel was found with any incriminating evidence.

    Indeed, EFCC wrote him a letter acknowledging that nothing was found on the hotel’s computers. Yet, the commission refused to return the computers or to apologise. Despite his mild and gentle qualities, the Senator could not accept such indignity and humiliation unchallenged.

    The Senator filed a petition at the Federal High Court sitting in Jos to enforce his fundamental rights against the EFCC.

    In 2010, the court granted judgment to Senator Ola, finding that his rights were violated by the EFCC. The court awarded Senator Ola a judgment of N50 million against the EFCC. That remains the biggest judgment any Nigerian court has awarded against the EFCC for violation of rights.

    The EFCC simply refused to honour the judgment. They refused to pay Senator Ola. On November 24, 2011, Mr. Ibrahim Lamorde, then the Head of Operations of the EFCC, invited Senator Ola for discussions for the purpose of making payment to him as per the judgment. When the Senator arrived with his personal assistant for the meeting as requested by Lamorde, the officers arrested him.

    After two weeks of unlawful detention, the EFCC filed false criminal charges against the Senator. After a brief trial, the charges were dismissed by the court in the most devastating judgment ever. The judge declared in unmistakable words that the EFCC had persecuted Senator Ola and suppressed his rights.

    As a lawyer of over 20 years standing in the bar, I have never directly observed a judgment in which the judge, while delivering a judgment, paused and posed the question: “Why did you charge this man to court when you knew there was absolutely no case against him?”

    The judge went further to answer his own question, thus: “In my opinion, the only reason is to persecute him and to suppress him”.

    The EFCC went after the judge that delivered judgment in favor of the Senator. They threatened him and filed a petition against him before the National Judicial Council, accusing the judge of bias and prejudice.

    At the same time, the EFCC made the mistake of appealing against the judgment. All these measures failed one after another. The criminal charges the EFCC filed against the Senator were dismissed. Also, Senator Ola has filed a suit for malicious prosecution against the EFCC and its officers.

    On November 26, last year, the Court of Appeal upheld the judgment of the lower court. Now the EFCC has to cough up millions to pay Senator Ola.

    If the EFCC had not gone after the Senator with those false charges, it would not have made itself amenable to the malicious prosecution suit, which it may lose. And by appealing against a judgment purely out of emotions and sentiments, the EFCC officers have worsened the position of the Commission in this country.

    If they had left that judgment at the level of the High Court, the judgment would have amounted to much less in Nigerian legal history. Whereas a judgment of the High Court is not binding on other High Courts, the judgment of the Court of Appeal is binding on all High Courts in Nigeria.

    Senator Ola’s victory in the Court of Appeal has set a standard which other High Courts must follow, and would be on law reports with all the adverse record against the EFCC.

    This is the first time a Nigerian High Court would award such amount in damages against the EFCC. And this is the first time that sort of judgment would be upheld by the Court of Appeal against the EFCC.

    There is no doubt that a floodgate has been opened against the EFCC and their camp would be flooded soon. Many Nigerians have suffered untold hardship in the hands of the EFCC. All these victims can ride on the solid judgment in the Ola case to make claims against the EFCC.

    In that sense, Senator Ola has indeed made important contributions to the rule of law and justice.

     

  • EFCC probes 270 land cases 

    The Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Ibrahim Lamorde has said the EFCC has handled about 270 land fraud cases in the past three years.

    Lamorde said this when he visited the Minister of the Federal Capital Territory (FCT), Senator Bala Mohammed in his office.

    In a statement issued by the Assistant Director/Chief Press Secretary to the FCT Minister, Muhammad Sule, Lamode advised the FCT Administration to discourage use of cash in land acquisition process in the Federal Capital Territory to enable the commission to easily track all transactions on landed properties.

    Responding, Senator Mohammed expressed his administration’s commitment to stamp out all forms of corruption.

    The minister called for closer collaboration with all the anti-corruption agencies particularly the EFCC to be able to achieve this desire.

    He said:  ”Without the anti-corruption agencies, I cannot imagine how the Federal Capital Territory would have been, as people steal money from all over the country and launder or conceal them in buying properties in Abuja.”

    Senator Mohammed lamented that such property owners have refused to come forward for Deed of Assignment (s) to ascertain original ownership.

    The minister revealed that apart from concealment, the changing of hands of these properties without official sanction also denies the FCT Administration the revenue that should have accrued from such documentations.

    His words: “Until the current owners of these several properties in Abuja come forward for official documentation such as Deeds of Assignment, the government would continue to lose revenue in that area.”

    He, therefore, urged the EFCC to beam its searchlight on properties scattered across the Federal Capital Territory, especially the unoccupied ones.

    Senator Mohammed reiterated that there are several unoccupied houses in Abuja, which also constitute security challenges to the entire residents of the FCT.

    The minister advocated enactment of stringent laws to regulate and enforce new owners of properties in the FCT to come forward for necessary documentations.

    Promising to strengthen and solidify the existing relationship between the FCT Administration and the EFCC, Senator Mohammed stressed that since the FCT Property Tax is still before the National Assembly, efforts should be geared towards unifying them.

    The minister urged the EFCC and other anti-graft agencies not to spare those who carry out illegal transactions in the system, even as promised that his administration would not relent in its fight against corrupt activities.

    The FCT Minister of State, Oloye Olajumoke Akinjide, the FCT Permanent Secretary, Engr. John Chukwu and some senior officials of the FCT Administration were in attendance at the meeting.

  • EFCC treats 270 land scam cases in FCT in three years

    EFCC treats 270 land scam cases in FCT in three years

    The Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Lamorde, yesterday said about 270 cases of land scam were reported to the Commission in the last three years.

    Lamorde, on a courtesy visit to the minister of the FCT, Senator Bala Mohammed, said some unscrupulous people were laundering proceeds of crime through land and property acquisitions in the FCT.

    Lamorde called for an enhanced working relationship between the Commission and the Federal Capital Territory Administration (FCTA), with a view to curbing land scam and other fraudulent practices in the FCT.

    He called for closer collaboration between the EFCC and the FCTA as some unscrupulous people were laundering proceeds of crime through land and property acquisitions in the FCT.

    “Such persons do not use financial instruments to make payment for properties and often do not bother to change ownership after such acquisitions, making it difficult to verify the identities of the new owners or the sources of fund,” he said.

    The EFCC Chairman advised the FCT Administration to discourage the use of cash in any way pertaining to land acquisition in the Federal Capital Territory to enable the Commission to easily track all transactions on landed properties.

    In his response, the Minister thanked the EFCC Chairman for the visit and commended the EFCC for its effort to stamp out corruption in the FCT.

    The Minister added: “Without anti-corruption agencies like the EFCC, ICPC, I am not sure how the FCT would have been ranked. So, we will continue to give the commission support in order to build a vibrant relationship where it won’t be business as usual.

    “The EFCC has supported the FCTA in terms of arresting the scourge of corruption and leakages in the FCT, especially on land premiums. The most brazen of the vices was land fraud and that the EFCC has assisted by arresting and prosecuting those involved.

    “It is sad that the capital territory as a jurisdiction is used as a citadel of corruption and also for perpetuating acts of corruption. People from the states and local government illegally acquire money and come to get it hidden in the FCT through acquisition of properties that are not registered, and that is a big concern because it is depriving the FCT of the revenue needed and increasing corruption in the Capital Territory.

    “It is also increasing security challenges because most of the houses acquired are left vacant and we have no means of knowing who owns them.”

    Bala disclosed that the FCTA was “working with the Abuja Geographical Information System(AGIS) to upgrade its system in such a manner that it would be difficult for anybody to impersonate, manipulate or forge land documents.”

    The EFCC chairman was accompanied on the visit by senior management staff of the agency, including the Director, Organisational Support, Mr Bolaji Salami; Director of Operations, Mr Olaolu Adegbite; Director of Legal and Prosecution, Mr Chile Okoroma and Deputy Director, Public Affairs, Mr. Osita Nwajah.

  • Ikuforiji’s trial adjourned

    Ikuforiji’s trial adjourned

    Justice Ibrahim Buba of the Federal High Court in Lagos yesterday adjourned the trial of Lagos State House of Assembly Speaker Adeyemi Ikuforiji.

    This was to enable his new lawyer, Wole Olanipekun (SAN), study the case file.

    Olanipekun, a former Nigeria Bar Association (NBA) president, took many by surprise when he announced his appearance as Ikuforiji’s lawyer.

    The speaker was previously represented by Mr Tayo Oyetibo (SAN), who was absent yesterday.

    The matter was slated for continuation of trial, but Olanipekun prayed the court for an adjournment to enable him study the case file as he had just been briefed.

    He said: “I have just been briefed, and a mountain of documents was passed to me this morning. A criminal matter is a serious business and should be handled with every sense of responsibility.

    “I have no alternative than to soberly appeal to your Lordship to grant me an adjournment so that I’ll study the file to see how to assist the course of justice as a newly brought-in counsel. This is my humble prayer.”

    Economic and Financial Crimes Commission (EFCC) lawyer Chief Godwin Obla (SAN) did not object to Olanipekun’s request.

    Mr Tunde Akinrimisi, who represented Ikuforji’s Personal Assistant Oyebode Atoyebi, charged with Ikuforiji, also did not object to the application.

    Justice Buba, who marked his 10th anniversary as a judge of the court yesterday, vacated previous dates slated for trial and adjourned till March 17 and 18 for continuation of hearing.

    EFCC had re-arraigned Ikuforiji and Atoyebi on an amended charge of money laundering, to which they pleaded not guilty.

  • Money laundering: Appearance of new counsel stalls Ikuforiji’s trial

    The appearance of Chief Wole Olanipekun (SAN) as the new counsel to Adeyemi Ikuforiji, the Speaker, Lagos State House of Assembly, on Tuesday stalled his trial.

    Ikuforiji is standing trial along with his personal assistant, Oyebode Atoyebi, at a Federal High Court, Lagos, on an amended 54 count charge bordering on money laundering.

    The News Agency of Nigeria (NAN) reports that the court could not proceed with the case as Olanipekun announced his appearance as the new defence counsel.

    He informed the court that he was taking over from Mr. Tayo Oyetibo (SAN).

    Olanipekun said he could not go on with the case because he needed more time to get acquainted with the case files.

    “My lord, when a new counsel comes into a case it is natural for him to study the files and know the parties.

    “Criminal trial is a serious business and I must say that I am faced with a `mountain of documents’ to peruse, some of which were just served on us yesterday.

    “In this circumstance, I have no alternative but to seek an adjournment to enable me to study the files.”

    The prosecutor, Mr. Godwin Obla (SAN), however, did not object to Olanipekun’s request for an adjournment.

    Justice Ibrahim Buba, in a short ruling, adjourned the case to March 17 and 18 for further hearing.

    The Economic and Financial Crimes Commission (EFCC) had re-arraigned the defendants on June 24, 2013 on amended charges.

    Both Ikuforiji and Atoyebi had pleaded not guilty to the charges and were granted bail in the sum of N1 billion with two sureties each in the sum of N500 million.

     

     

  • Court declines jurisdiction on security vote suit

    Court declines jurisdiction on security vote suit

    Justice Adamu Bello of the Federal High Court (FHC), Abuja, has struck out a suit challenging the legitimacy of the Executive (the President and governors) to allocate funds for security, popularly called security vote.

    The practice allows a governor or the President to disburse funds at his discretion.

    The disbursement and allocation of the funds are mostly excempted from probe or inquiry by any agency or body.

    In his judgment yesterday, Justice Bello agreed that the plaintiff and rights activist, Nkereuwem Akpan, was legally entitled (had the locus standi) to initiate the suit.

    The judge, however, declined to determine the issues raised in the suit on the grounds that his court lacked the jurisdiction to adjudicate on the matter.

    Incidentally, Justice Bello delivered the judgment on the day he formally stepped out of the Bench, as he attained the mandatory retirement age.

    The case had suffered series of adjournments and the judge had to direct lawyers to re-adopt their final written addresses, when the matter exceeded the mandatory 90 days before a ruling or judgment.

    Akpan sued 36 governors, the Minister of the Federal Capital Territory (FCT), the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other Related Offences Commission (ICPC) on the legality of the security vote deductions.

    Justice Bello held that the plaintiff had the locus standi to file the case because the case involved issues of public interest.

    He, however, held that his court lacked the jurisdiction to preside over cases involving state governments and the FCT, which were sued as the first to 37th defendants.

    The judge held that the Federal High Court could not adjudicate the cases involving the states.

    He also held that the inclusion of the EFCC and the ICPC (federal agencies) – as defendants – was insufficient to confer jurisdiction on his court, on the grounds that both agencies were mere ancillary parties in the case.

     

    Justice Bello said: “There is no doubt that the FHC has been empowered to interpret the 1999 Constitution, as it affects the Federal Government and its agencies. The first to 37th defendants are neither the Federal Government nor its agencies.

    “This court does not have the power to exercise jurisdiction over 37 out of the 39 defendants. I cannot assume jurisdiction over the main parties in the suit. The suit, as a necessity, should be struck out and is struck out.”

    Akpan promised to appeal the judgment.

    He said: “We are going all the way to the Supreme Court. As far as I am concern, those monies are being misappropriated.

    “If you stop security vote nobody will want to be a governor anymore.”