Tag: EFCC

  • Akingbola to be re-arraigned March 24

    Akingbola to be re-arraigned March 24

    An administrative mix-up yesterday forced a Lagos High Court sitting in Ikeja, presided over by Justice Lateef Lawal-Akapo, to adjourn the re-arraignment of a former Managing Director of defunct Intercontinental Bank Plc, Mr Erastus Akingbola, till March 24, 2014.

    Justice Lawal-Akapo fixed March 24, 25 and 27 for the re-arraignment and commencement of Akingbola’s trial, following the mix-up that led to the omission of his case in the course list for yesterday’s proceedings.

    Akingbola and his co-defendant, Bayo Dada, were present in court but the judge said the matter was not listed.

    Counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Godwin Obla, admitted that it was not proper to arraign the defendants since the case was not listed for the day.

    Akingbola and Dada were charged with alleged stealing of N47.1 billion belonging to the defunct Intercontinental Bank.

    They are facing a 22-count charge of stealing and obtaining money by false pretences.

    Akingbola and Dada had pleaded not guilty to the 22 count charges of stealing preferred against them by the commission, when the case began.

    The two were arraigned on May 31, 2011 before Justice Habeeb Abiru but the judge was elevated to the Court of Appeal and the matter was re-assigned to Justice Adeniyi Onigbanjo.

    The defendants were re-arraigned on February 26.

    Their case file was again transferred to Justice Lawal-Akapo, following the recent changes in the Lagos Judiciary: Justice Onigbanjo was moved to the Commercial Division of the court.

  • N1.8b subsidy fraud: EFCC  re-arraigns Tukur’s son

    N1.8b subsidy fraud: EFCC re-arraigns Tukur’s son

    The Economic and Financial Crimes Commission (EFCC) yesterday re-arraigned Mahmud Tukur, the son of the National Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, for alleged N1.8 billion fuel subsidy fraud.

    Tukur was arraigned afresh alongside Ochonogor Alex; Abdullahi Alao, the son of prominent businessman, Alhaji Abdullazeez Arikesola-Alao with Eterna Oil and Gas Plc before a new trial judge, Justice Lateef Lawal-Akapo, of an Ikeja High Court.

    The case file of the defendants was transferred from Justice Adeniyi Onigbanjo to Justice Lawal-Akapo after the former was moved to the Commercial Division of the High Court.

    The defendants are facing a nine-count charge of conspiracy, obtaining money by false pretence, forgery and use of false documents.

    EFCC prosecutor, Mr. Rotimi Jacobs, alleged that the accused, between January and April 2011 in Lagos, fraudulently obtained N1.8 billion from the Federal Government.

    He alleged that the defendants obtained the money from the Petroleum Support Fund for purported importation of 80.3 million litres of petrol.

    They were also alleged to have forged a bill of lading, dated April 28, 2011, with which they committed the fraud.

    Jacobs said their alleged offences contravened Sections 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.

    According to him, the actions of the accused also contravened Sections 467 and 468 of the Criminal Code Laws of Lagos State, 2003.

    The defendants pleaded not guilty to the charges.

    Justice Lawal-Akapo asked them to continue to enjoy the bail earlier granted by the former trial judge.

    He adjourned the matter till February 24, 2014 for hearing.

  • Babalakin challenges court’s jurisdiction to hear N4.7b suit

    Babalakin challenges court’s jurisdiction to hear N4.7b suit

    The Chairman of Bi-Courtney Limited, Chief Olawale Babalakin, yesterday challenged the jurisdiction of a Lagos High Court sitting in Ikeja to entertain the N4.7 billion fraud charges preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Babalakin is being tried by the commission alongside four others. They are: Alex Okoh, Stabilini Vision Limited, his company, Bi-Courtney Limited and Renix Nigeria Limited, for allegedly transferring N4.7 billion out of the country on behalf of the convicted former Delta State Governor James Ibori.

    The defendants were billed for a fresh arraignment before a new trial judge, Justice Lateef Lawal-Akapo.

    This followed the transfer of the former trial judge, Justice Adeniyi Onigbanjo, to the Commercial Division of the High Court from the Criminal Division.

    The EFCC alleged that Babalakin and his co-defendants fraudulently assisted Ibori to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of a Challenger jet aircraft.

    They pleaded not guilty to the charges.

    At the resumed trial yesterday, Babalakin and his co-defendants rejected their arraignment because of their pending applications challenging the court’s jurisdiction.

    But counsel to EFCC, Mr. Rotimi Jacobs (SAN), expressed disappointment that Babalakin was not in court.

    He urged the court to revoke the bail granted him for failing to attend proceedings twice.

    The lawyer argued that Babalakin’s absence in court was a breach of his bail conditions and that the act was a disrespect to the court.

    But Babalakin’s counsel, Mr. Wale Akoni (SAN), urged the court to discountenance Jacob’s appeal for revocation of Babalakin’s bail.

    Akoni submitted that Babalakin’s absence was on the ground of his pending application challenging the charges and jurisdiction of the court.

    He said one of the prayers in the application, which was about to be heard by the former trial judge, was that Babalakin’s physical appearance be dispensed with pending the determination of the application.

    Justice Lawal-Akapo was unhappy with Babalakin’s absence in court.

    The trial judge said the defendants ought to be in court, adding that bails are granted to ensure that defendants are in court at a named date, irrespective of whatever happens in court.

    But in the middle of the ruling of the trial judge, Babalakin walked into the courtroom.

    Justice Lawal-Akapo, therefore, ordered that the matter be recalled to acknowledge his presence.

    Akoni, however, insisted that Babalakin could not be docked until the determination of his pending application challenging the charges and the court jurisdiction.

    He noted that if his client entered the dock, the essence of his application would be defeated.

    Justice Lawal-Akapo ruled in favour of Babalakin and adjourned the matter till January 20, 2014 to hear all defendants’ application challenging the court’s jurisdiction to hear the matter.

  • Subsidy scam: Bamanga Tukur’s son re-arraigned

    The Economic and Financial Crimes Commission (EFCC) on Monday re-arraigned Mahmud Tukur, son of the National Chairman of the Peoples Democratic Party, Alhaji Bamanga Tukur, over N1.8billion fuel subsidy fraud.

    Tukur was re-aaraigned alongside Ochonogor Alex, Abdullahi Alao, son of prominent businessman, Alhaji Abdullazeez Arikesola-Alao and Eterna Oil and Gas Plc before a new judge, Justice Lateef Lawal-Akapo of the Lagos High Court, Ikeja.

    The case file of the defendants was transferred from Justice Adeniyi Onigbanjo to Justice Lawal-Akapo after the former was moved to the Commercial Division of the High Court.

    The defendants are facing a nine-count charge of conspiracy, obtaining money by false pretence, forgery and use of false documents.

    EFCC prosecutor, Mr. Rotimi Jacobs, alleged that they had between January and April 2011 in Lagos, fraudulently obtained the sum of N1.8 billion from the Federal Government.

    He alleged that the defendants obtained the money from the Petroleum Support Fund for a purported importation of 80.3 million litres of Premium Motor Spirit.

    They were also alleged to have forged a bill of lading dated April 28, 2011, which they used in facilitating the fraud.

    Jacobs said their alleged offences contravened Sections 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.

    According to him, they also contravened Sections 467 and 468 of the Criminal Code Laws of Lagos State 2003.

    The defendants pleaded not guilty to the charges.

     

     

  • Akingbola to be re-arraigned March 24

    Akingbola to be re-arraigned March 24

    Administrative mix-up on Monday forced a Lagos High Court, Ikeja, to adjourn the re-arraignment of a former managing director of Intercontinental Bank Plc, Mr. Erastus Akingbola till March 24, 2014.

    Justice Lateef Lawal-Akapo fixed March 24, 25 and 27 for re-arraignment and commencement of Akingbola’s trial following the mix up which led to the omission of his matter from the list of Monday’s proceedings.

    Akingbola and his co-defendant, Bayo Dada were present in court but the judge noted that the matter was not listed.

    The Counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Godwin Obla, admitted that it was not proper to arraign the defendants since the case was not listed for the day.

    Akingbola and Dada were charged to court for allegedly stealing N47.1 billion belonging to the defunct Intercontinental Bank.

    They are facing a 22-count charge of stealing and obtaining money by false pretences.

    Akingbola and Dada had pleaded not guilty to the 22 count charges of stealing preferred against them by the commission.

    The duo were earlier arraigned on May 31, 2011 before Justice Habeeb Abiru before the judge was elevated to the Court of Appeal.

    The matter was later re- assigned to Justice Adeniyi Onigbanjo and the defendants were re-arraigned on February 26 this year.

    Their case file was again transferred to Justice Lawal-Akapo following the recent changes in the state judiciary that moved Justice Onigbanjo to the Commercial Division of the court.

     

  • Money laundering: Babalakin challenges court’s jurisdiction to hear suit

    Money laundering: Babalakin challenges court’s jurisdiction to hear suit

    The Chairman, Bi-Courtney Limited, Chief Olawale Babalakin, on Monday challenged the jurisdiction of a Lagos High Court, Ikeja, to entertain the N4.7 billion fraud charges preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Babalakin is being tried by the commission alongside four others – Alex Okoh, Stabilini Vision Limited, his company Bi-Courtney Limited and Renix Nigeria Limited for fraudulently transferring N4.7billion out of the country on behalf of the convicted former governor of Delta State, James Ibori.

    The defendants were billed for a fresh arraignment before a new trial judge, Justice Lateef Lawal-Akapo.

    This was sequel to the transfer of the former trial judge, Justice Adeniyi Onigbanjo to the Commercial Division of the High Court from the Criminal Division.

    The EFCC had alleged that Babalakin and other defendants fraudulently assisted Ibori to transfer huge sums of money through various parties to Erin Aviation account in Mauritius for the purchase of a Challenger Jet aircraft.

    They had pleaded not guilty to the charges preferred against them by the anti- agency.

    At the resumed trial on Monday, Babalakin and co-defendants rejected being arraigned on the basis of their pending applications, challenging the court’s jurisdiction.

    But counsel to EFCC, Mr. Rotimi Jacobs (SAN) expressed disappointment that Babalakin was not in court.

    He urged the court to revoke the bail earlier granted to him for failing to attend proceedings twice.

    He argued that Babalakin’s absence in court was a breach of his bail conditions and that the act was disrespectful to the court.

    But Babalakin’s counsel, Mr. Wale Akoni (SAN) urged the court to discountenance Jacob’s appeal for revocation of Babalakin’s bail.

    Akoni submitted that Babalakin’s absence was on the ground of his pending application, challenging the charges and jurisdiction of the court.

     

  • Court grants Sylva permission to travel abroad

    Court grants Sylva permission to travel abroad

    Justice Adamu Bello of the Federal High Court in Abuja has granted permission to former governor of Bayelsa state, Timipriye Sylva, to travel to South Africa for medical attention.

    Justice Bello gave the permission on Thursday while ruling on the ex-governor’s application for release of his international passport to enable him travel for treatment.

    The judge had refused two similar applications filed earlier by Sylva on the ground that they were not supported by sufficient facts.

    Sylva is being tried by the court on a six-count charge bordering on alleged financial impropriety.

    The former governor and several others were accused of defrauding the state to the tune of N2 billion while in office.

    Justice Bello held that since hearing on the new charge has been set for January 23 next year, he has ample opportunity to travel for his medical treatment and come back before the date.

    “I have decided to give the applicant a benefit of doubt that he needs a medical treatment in South Africa,” the judge said.

    He gave the ex-governor 28 days, starting from December 7 to make the trip and return on or before January 5, 2014.

    He ordered Sylva’s surety to sign an undertaken, assuring that should the ex-governor fail to return on the agreed date he would face his trial.

     

     

  • NIMASA scam: How contracts were awarded, by EFCC witness

    NIMASA scam: How contracts were awarded, by EFCC witness

    Most of the contracts awarded at the Ni geria Maritime Administration and Safety Agency (NIMASA) alleged to have been split, were approved by the agency’s governing board, a Federal High Court heard yesterday.

    An Economic and Financial Crimes Commission (EFCC) witness, Mohammed Shehu, said the agency’s former Director-General, Mr. Raymond Omatseye did not influence the contracts.

    Testifying at the Federal High Court in Lagos during the resumed hearing, the witness said the agency’s board was responsible for award of contracts until a tenders’ board was set up.

    He said most of the contracts awarded during Omatseye’s tenure were handled by the board’s secretary.

    Shehu, a retiree and former Acting Director of Procurement at NIMASA, said the contracts he sent to Omatseye for approval were within the prescribed limit by law.

    “Based on the recommendations of the technical staff, I always endorsed the contracts because they fall within his (Omatseye’s) threshold,” he said.

    Testifying during cross-examination by Omatseye’s lawyer Olusina Sofola (SAN), the witness said a contract awarded for generator “was never executed”.

    “Money was never paid in respect of the generator. It was never executed during the tenure of the accused person,” he added.

    On award of contract for supply of Blackberry devices, Shehu said the NIMASA governing board approved it.

    “When I got to NIMASA, there was virtually nothing – no Parastatals Tenders’ Board. Procurements were done by the governing board.

    “The needs of departments are forwarded to the Director-General, who will request the department to write the board a memo.

    “Whenever there’s a board meeting, the memos will be collected by the Secretary of the board for presentation to the board.

    “Those contracts were then approved by the board. The contracts approved by the board will be sent to the Director-General by the board secretary as ‘extracts’. That was how the Blackberry contracts were processed,” Shehu said.

    The witness said sometimes board memos would be taken to the board chairman, who “gave anticipatory approvals.”

    “The function of contract awards was taken over by the secretary of the board,” Shehu said.

    The witness said Omatseye did not give him any directives as regards the award of the Blackberry contract, adding that the Information Technology (IT) department handled the processing.

    Shehu said following the intervention of the Bureau of Public Procurement (BPP), a parastatals tenders’ board was set up at NIMASA “towards the end of 2010.”

    Shehu said to the best of his knowledge, the contract for the supply of Blackberry mobile devices followed due process.

    The contract, he said, was awarded to Anchor Offshore Services Limited.

    “There was no pre-arrangement that the Blackberry contract would be awarded to Anchor Offshore,” he said.

    During the examination-in-chief by EFCC’s lawyer Chief Godwin Obla (SAN), he said there were no parastatals tenders’ boards at NIMASA between September 2009 and April 2010.

    He also said Omatseye’s approved threshold was N2.5million for goods, and N5million for works.

    EFCC re-arraigned Omatseye before Justice Rita Ofili-Ajumogobia on an amended 27-count charge for contract scam.

    He pleaded not guilty.

    His re-arraignment was due to the transfer of the former trial judge, Justice Binta Murtala-Nyako.

    The accused person was charged with alleged illegal transfer of the agency’s fund and contract splitting estimated at over N1.5 billion.

    Justice Ofili-Ajumogobia adjourned till January 20 next year for continuation of hearing.

  • Lamido’s persecution

    Lamido’s persecution

    Last month, on November 15, to be specific, President Goodluck Jonathan took a direct shot across the bows of Governor Sule Lamido’s ship in an apparent warning to the governor to reconsider his long running confrontation with the president over the 2015 presidential elections in which both have staked their claims. On that day, two sons of the governor, Mustapha and Aminu, were picked up by the Economic and Financial Crimes Commission (EFCC), for allegedly laundering over N10 billion through several banks in which the state holds major accounts.

    Officially, the EFFC does not take orders from the president – or from anyone else for that matter. But this is only in theory. In practice it soon became notorious under President Olusegun Obasanjo, President Jonathan’s seemingly estranged benefactor who created it ostensibly to fight corruption in high places, as his battle tank for squaring and squashing opposition elements in and out of the ruling Peoples Democratic Party.

    As a good student of his erstwhile godfather it seems President Jonathan has since learnt to put the commission to good use in self-service, all in the name of fighting corruption. Ask Governor Rotimi Amaechi of Rivers State and former governor, Timipre Sylva, of the president’s home state, Bayelsa, both of whom have attracted the president’s great disaffection. Governor Lamido is thus only the latest among several of those to have attracted EFCC’s attention more for their politics than for mis-governance.

    Lamido’s offence, it seems, is not only his expression of interest in the presidency. Recently, he suggested in an interview with an Abuja based radio station, Vision FM, that the president protected a corrupt minister by refusing to act on information he gave the president that the minister had collected a $250 million bribe from an oil firm. This provoked an angry retort from the president who, through his spokesman, Dr. Reuben Abati, said the governor’s allegation was “patently bogus” and “an unacceptable and callous attempt to unjustly impugn the integrity of President Jonathan and cast aspersions on the seriousness of his administration’s efforts to curb corruption.”

    EFCC’s picking up of the governor’s sons last month was clearly an attempt to demonstrate to the world that the governor was going to equity with very dirty hands.

    That EFCC’s action was triggered more by politics than by any concern of the president about corruption will be obvious presently. Before examining the facts, however, I should make it clear that this is not in defence of the governor against the allegation of using his sons to defraud his state.

    Jigawa, as we all know, was created in 1991. Between then and now it has had seven governors, four military and three civilians. Sandwiched between the first two military governors, one under General Ibrahim Babangida who created the state and the other under General Sani Abacha who threw out Babangida’s transition government of Chief Ernest Sonekan in November 1993, Governor Ali Sa’ad Birnin Kudu, its first civilian governor, did not enjoy much resources nor had much time nor much room for initiative to make a significant difference in the state.

    The next civilian governor, Ibrahim Saminu Turaki, did enjoy all three factors: less than two years into the fully-fledged civilian dispensation under President Obasanjo, oil money, which the country’s treasury has depended heavily upon for its revenue, became no longer an object, as oil price soared through the sky; the governor had eight years to transform the state with the state’s statutory allocation; and as civilian governor he was, at least in theory, a co-ordinate, rather than a subordinate, of the big man at the centre in the governance of the country.

    As we all know, Turaki, like so many of the governors during the first eight years of the current civilian dispensation, was a disaster. The man, as we all know, hardly sat at home to work. Instead, he spent so much time globetrotting he could not make any significant impact on his state. And, as he himself testified in the course of his yet to be concluded long running prosecution by the EFCC, he used a considerable portion of his revenue allocation, under duress he said, to help fund President Obasanjo’s infamous Third Term agenda.

    Enter Sule Lamido in 2007. Anyone who had been to the state since then, as I have, would agree that the difference between Jigawa before Turaki and Jigawa under Lamido is the difference between night and day. Dutse, the state’s sleepy capital, for example, has since become home to its civil servants who, before Lamido, used to go to work daily from Kano. And except, of course, they never meant what they said, all very important visitors to the state, including President Jonathan, have had only praise for the way the governor has vastly transformed its infrastructure in education, housing, health and road network, among others.

    So even if in the end it turns out that the governor used his sons to steal from his state, at least he has some mitigating circumstances for his alleged action. This much, I am afraid, cannot be said of many states in the country, including the president’s home state, Bayelsa, where incredibly huge gaps exist between the levels of development and the resources that have accrued to those states.

    This does not, of course, mean Lamido’s sons should not be prosecuted and their father exposed as someone who preaches what he does not practice. By all means prosecute them if you have a prima facie case against them and expose their father as a hypocrite if you can prove it.

    What, however, Lamido’s almost universally acclaimed performance means is that there are many, many, many more deserving cases for EFCC’s attention than the governor’s. Anyone with even the most casual acquaintance with Nigeria’s political-economy can reel off at least a dozen such cases before you can say the C word. But the three examples that follow are enough to prove the fact that Lamido’s case is by far more politics than about the president’s concern for good governance and transparency.

    Easily the most glaring of such cases is that of Malabu Oil and Gas, reportedly controlled by Chief Dan Etete, a former Oil minister under General Abacha. According to several newspapers, including The Economist (June 15) of London, two years ago, a consortium of Shell and Eni/Elf which had controversial stakes in the oil well, OPL 245, paid nearly $1.1 billion to Malabu, reportedly on orders of the president, as settlement over a long running dispute with Malabu on the ownership of the lucrative oil well.

    The payment was made to Malabu against the background of the fact that Etete had been a fugitive from France convicted in the country for money laundering in 2007 – a conviction upheld in 2009, following his appeal. The payment was also made against the background of the fact that EFCC was yet to conclude its investigation of an allegation that Etete had fraudulently acquired the company.

    According to Premium Times (September 30), an investigative online newspaper, the former minister, in turn shared the money paid to his company into several dubious accounts, some of them owned by close political associates of the president’s.

    Clearly this payment, which the Minister of Justice and Attorney General of the Federation, Mohammed Bello Adoke, tried to rationalise away during a public hearing of a House committee investigating the deal, as voluntary with government acting only as an “obligor” and “facilitator”, reeked to high heavens of the worst form of cronyism, to put it mildly. Even more clearly Lamido’s N10 billion alleged corruption pales into insignificance compared to Malabu’s $1.1 billion, which comes to nearly N184 billion.

    Second, there was an earlier case of the president versus a publication called Spynet Magazine. In its maiden edition in August 2007, it accused him of perjury in declaring his assets and liabilities during his tenure as deputy governor and governor of Bayelsa, and eventually as vice-president under Umaru Musa Yar’Adua, as demanded by the Constitution. Days after the publication its premises were ransacked by the State Security Services and its editors detained. To date nothing more has been heard of the case. Not even after the president has angrily told the public, following persistent demands that he declares his assets and liabilities publicly as was done by his predecessor even though the Constitution does not demand such public declaration, that he doesn’t “give a damn” what the public thought of his refusal to do so.

    Finally, there is the case of the paradox of worsening insecurity in the land, especially from Boko Haram insurgency, in the face of the huge budgetary allocation to our security forces since 2009. One glaring illustration of this is the fact that the Army Chief, Lt-General Azubuike Ihejirika, has lately been complaining of an under armed and under equipped military confronting Boko Haram. The paradox is, however, not surprising, considering credible allegations that one security institution recently spent over N600 million to construct an artificial grass football pitch for the recreation of its staff!

    By all means let the EFCC go after each and every thieving government official and his relations and cronies, if the commission has good cases against them. However, since it has neither the time nor resources to do so, equity demands that it begins with the more glaring cases.

    Surely all three cases above are much more demanding of the EFCC’s attention than Lamido’s case. When the commission is seen clearly to pick and choose mostly cases of only those perceived as opposition elements, it can only open itself and the presidency it reports to through the minister of Justice and attorney general of the federation, to accusations that it is merely fighting a selective, and therefore futile, war against corruption.

  • N1.2b Fayose poultry project abandoned, says witness

    N1.2b Fayose poultry project abandoned, says witness

    •Less than 30% work done, activist claims

    Hearing of the fraud charges levelled against former Ekiti State Governor Ayodele Fayose by the Economic and Financial Crimes Commission (EFCC) continued yesterday at the Federal High Court, sitting in Ado-Ekiti, the state capital.

    EFCC insisted that Fayose diverted the money meant for a poultry project during his tenure.

    Fayose was in the dock for several hours as activist-lawyer Morakinyo Ogele gave evidence against him before the court, which was presided over by Justice Adamu Hobon.

    Ogele said the project believed to have cost about N1 billion, was abandoned, adding that not even 30 per cent of the work was executed.

    Fayose was impeached on October 16, 2006, by the Ekiti House of Assembly after a report by the EFCC was adopted by the lawmakers, who found him “guilty of criminal diversion of funds meant for the project”.

    Ogele, who wrote a petition dated December 13, 2004, to the EFCC in his capacity as the coordinator of the Ekiti Justice and Equity Movement (EJEM) on the alleged poultry scam, said N340 million was paid to the contractor by the government at the time of his petition, with no evidence that tax was deducted from the sum.

    Fayose sat quietly in the dock as Ogele and his (Fayose’s) counsel, Ahmed Raji (SAN), engaged each other in a game of wits.

    When Justice Hobon observed that the former governor was sweating, he told his police orderly to move the fan close to the dock.

    The court clerk sent some of Fayose’s supporters out of the courtroom for making noise during the proceedings.

    Ogele was led in evidence by EFCC counsel Adebisi Adeniyi before he was cross-examined by Raji.

    Responding to questions from Raji, Ogele said he had nothing personal against Fayose, but wrote the petition because he was a stakeholder in Ekiti State.

    He said he was invited by EFCC and wrote a statement, adding that he was interrogated by a team led by Mr. Abubakar Madaki.

    Picking holes in the way the poultry contract was handled, Ogele said apart from the fact that no tax was deducted from the N340 million paid to Biological Concepts Nig. Ltd., the contractor, the project was not listed in the 2004 Appropriation Act.

    When given a copy of ‘Exhibit A’, which was a copy of the Performance Bond dated September 24, 2004, Ogele said the document was not produced at the time he wrote the petition.

    He objected to Raji’s claim that he (Ogele) was misled in writing the petition, adding that he was not prompted by anyone to write it.

    Ogele said the poultry project site in his Ikere-Ekiti hometown was abandoned and was revived by the Benin-Owena River basin Development Authority based in the town.

    When Raji asked why Ogele failed to praise Fayose for executing a “laudable project capable of employing many people”, the witness said: “I would have commended him (Fayose) if he had executed the project to benefit the people, but I cannot keep quiet in a situation where a contractor collected the project money and bolted. Performance Bond in Nigeria is a mere paper show. I rely on the content of my petition and deposition before this honourable court.”

    Before Ogele was called into the witness box, the EFCC investigator had concluded the latter part of his evidence at the court.

    The hearing continues today.