The Nation Newspaper

Tag: EFCC

  • EFCC insists Fayose must face trial

    EFCC insists Fayose must face trial

    The Economic and Financial Crimes Commission (EFCC) insisted yesterday that former Ekiti State Governor Ayodele Fayose had a case to answer on the N1.2 billion poultry project fund allegedly mismanaged by his administration.

    The case came up before Justice Adamu Hobon of the Federal High Court, sitting in Ado-Ekiti, the state capital.

    Fayose, in an application filed by his lawyer, Owoseni Ajayi, urged the court to quash the charges against him, but EFCC’s counsel, Adebisi Adeyemi, in a counter-affidavit, said the commission “established a prima facie case against him”.

    Adeyemi said Fayose’s application was “lacking in merit, a ploy to frustrate the case and waste the court’s time as necessary facts have been established against the accused”.

    EFCC prayed the court to dismiss Fayose’s application, saying it has enough evidence to prove its case.

    Ajayi said: “According to the criminal code, a criminal charge must be specific in particulars, but this case is imprecise and nebulous. I submitted this application to quash the charges as I am aware it would amount to a waste of the court’s precious time, since the charges are legally offensive and would leave the court at large.”

    Both counsel said they had submitted written addresses to the court to back their applications. Ruling on the applications was fixed for November 7.

  • EFCC declares Italian, two Nigerians wanted

    EFCC declares Italian, two Nigerians wanted

    The Economic and Financial Crimes Commission (EFCC) has declared wanted an Italian, Mariani Albino in connection with a case of obtaining money under false pretense.

    The Italian was also alleged to have stolen and laundered money to the tune of N989, 288,400.00.

    In a statement by the agency’s Acting Head, Media and Publicity, Wilson Uwujaren, two Nigerians, Nsika Usoro and Steve Bajo were also declared wanted.

    “The duo who are Directors of Rigel Energy and Maritime Limited are wanted for fraudulent conversion of the sum of N107million belonging to So Energy, a subsidiary of Sahara Group.

    “Albino is 53 years, 5ft 3inches in height and fair in complexion. He speaks Italian and English languages fluently.

    “His last known address is No 9B, Ezekwuese Close, Lekki Phase 1, Lagos,” the statement added.

  • Woman threatens to report RSUST to EFCC over alleged fraud

    A former postgraduate student of the Rivers State University of Science and Technology (RSUST), Mrs. Ann Nwanbi Kaizer has called on the institution to release her Masters Degree result or face the Economic and Financial Crimes Commission (EFCC).

    Mrs Kaizer said the university’s insistence that she must pay full tuition fees after she had been issued a clearance letter showing that she was not owing is fraudulent.

    The teacher gave the university two weeks to release her result or face her wrath.

    She noted that many other students told the same thing have paid the new fees because they are desperate to secure a new job with their results.

    Mrs. Kaizer said: “I was admitted into the institution on 20th August, 2007 with Matriculation number PG.2006/SW/0006 for my M.Ed. degree programme in Business Education and I defended my thesis on 17th of September 2009 but I was denied of my result after being issued with the letter of clearance.

    “The letter of clearance, indicated that I had paid my school fees up to date, photocopies of clearance letter is also available, I cannot go back to pay another full academic programme as requested as other people did with tears, but I will not shed tears for fees I have already paid.

    “At the Bursary Unit, an Officer informed me that the Senate issued a directive that all those cases of outstanding results were required to pay school fees up to the current year amounting to N514, 500.

    “In my case, the current Head of my Department informed me that though my result had been prepared at the Department, it cannot be presented to the Senate unless I pay the new added fees.”

    When contacted, the University through the Public Relation Officer, Mr Desmond Wosu, said there is no way somebody would paid his or her school fees and the university would demand for another fees.

    “It is not in our character; the results are being computerised and made easy for collection for those who do not owe the institution. We are not fraudulent,” he said.

     

  • EFCC insists on Fayose’s prosecution

    EFCC insists on Fayose’s prosecution

    The Economic and Financial Crimes Commission on Wednesday insisted that former Ekiti State governor, Ayodele Fayose, has a case to answer in respect of N1.2 billion poultry project fund allegedly mismanaged during his tenure as governor.

    The case had come up before Justice Adamu Hobon presided Federal High Court in Ado-Ekiti, the state capital.

    Opposing an application by Fayose’s counsel, Mr. Owoseni Ajayi, which sought to quash the charges against the former governor, Mr. Adebisi Adeyemi, who represented the EFCC said in a counter-affidavit that the anti-graft agency had “established a prima facie case against Fayose.

    Adebisi insisted that Fayose’s application was “entirely lacking in merit and a ploy to frustrate the case and waste the court’s precious time as necessary facts have been established against him.”

    EFCC prayed the court to dismiss the application, saying “we have established a prima facie case against Fayose and there is enough evidence to prove our case.”

     

     

  • Alleged theft: Judge assures Atuche of fair trial

    Alleged theft: Judge assures Atuche of fair trial

    Justice Lateefat Okunnu of the Lagos High Court, Ikeja, on Wednesday assured the former managing director of Bank PHB, Mr. Francis Atuche, of a fair trial.

    Okunnu gave the assurance following the claim by Atuche’s counsel, Chief Anthony Idigbe (SAN) and Mr. Tayo Oyetibo (SAN), that their client was not being given fair trial.

    The News Agency of Nigeria reports that Atuche and his wife, Elizabeth, are standing trial for allegedly stealing N25.7 billion belonging to Bank PHB (now Keystone Bank).

    They were charged the Economic and Financial Crimes Commission (EFCC), alongside a former Chief Financial Officer of the bank, Mr. Ugo Anyanwu.

    During Wednesday’s proceedings, Oyetibo complained that the EFCC was creating an impression that Okunnu would convict the defendants.

    The counsel said that the commission had, on October 22, asked Justice Sarah Ofili-Ajumogobia of a Federal High Court, Lagos, where the defendants are also being prosecuted, to excuse herself from the matter.

    “The impression being created by the prosecution is worrisome.

    “At the Federal High Court, the judge had excused herself because they told the court that she would not jail the defendants,” he said.

    On his part, Idigbe faulted Okunnu for awarding N10, 000 cost each against himself and Oyetibo, for their absence in court on October 3.

    According to him, both lawyers had formerly writing to the court, giving reasons for their absence, hence there was no need to award the cost.

    He sought the leave of the court to appeal against the order at the Court of Appeal and to stay execution of the order, pending the decision of the appellate court.

    Idigbe also asked Okunnu to excuse herself from the case, alleging that “the court has descended into the arena.”

    Counsel to the EFCC, Mr. Kemi Pinheiro (SAN), did not oppose the application.

    In her ruling, Okunnu granted Idigbe’s application, but refused to excuse herself from hearing the case.

     

  • EFCC ‘asks’ judge to withdraw from Bank PHB, Spring Bank ex-MDs’ trial

    The Economic and Financial Crimes Commission (EFCC) has allegedly asked a judge of the Federal High Court, Lagos, Justice Rita Ofili-Ajumogobia, to withdraw from adjudicating the trial of former Managing Directors of Bank PHB Plc and Spring Bank Plc, Francis Atuche and Charles Ojo.

    The trial was fixed for yesterday, but it did not go on.

    No new date was fixed.

    After a brief meeting with the judge in chambers, Atuche’s lawyer, Chief Anthony Idigbe (SAN), came out of the court, visibly angry.

    Addressing reporters outside the courtroom, he accused the EFCC of “selecting” which judges would to try their cases.

    Idigbe said: “EFCC is choosing which judge to hear their cases.”

    Atuche and Ojo were among bank chiefs arraigned in 2009 for allegedly granting loans without security.

    It was learnt that the EFCC requested that the case be transferred to another judge because Justice Ofili-Ajumogobia is from the same state (Delta) as Atuche.

    It was also learnt that the judge indicated that she would return the case file to the Chief Judge, Justice Ibrahim Auta, for re-assignment to another judge.

    When asked what transpired in the chambers, EFCC’s lawyer, Mr Kemi Pinheiro (SAN), declined comments.

    He also did not elaborate when asked why the case did not go on again.

    He only said his witnesses, who were on subpoena, were in court.

    Asked if it was true that the case file would be returned to the Chief Judge for re-assignment to another judge, Pinheiro said: “Was it announced in court?”

  • EFCC asks judge to hands off Atuche, Ojo’s trial

    EFCC asks judge to hands off Atuche, Ojo’s trial

    The Economic and Financial Crimes Commission (EFCC) has asked a judge of the Federal High Court, Lagos, Justice Rita Ofili-Ajumogobia, to withdraw from adjudicating the trial of former Managing Directors of Bank PHB Plc and Spring Bank Plc, Francis Atuche and Charles Ojo respectively.

    The trial was fixed for Tuesday, but it did not go on, and no new date was fixed.

    After a brief meeting with the judge in chambers, Atuche’s lawyer, Chief Anthony Idigbe (SAN), came out of the court, visibly angry.

    Speaking to reporters outside the courtroom, he accused the EFCC of “selecting” which judges would try their cases.

    “EFCC is choosing which judge to hear their cases,” Idigbe alleged.

    Atuche and Ojo were among bank chiefs sensationally arraigned in 2009 for allegedly granting loans without security.

    It was learnt that EFCC requested that the case be transferred to another judge because Justice Ofili-Ajumogobia is from the same state (Delta) as the first defendant (Atuche).

    It was also learnt that the judge indicated that she would return the case-file to the Chief Judge, Justice Ibrahim Auta for re-assignment to another judge.

    When asked what transpired in the chambers, EFCC’s lawyer, Mr. Kemi Pinheiro (SAN), declined comments.

    He also did not elaborate when asked why the case did not go on again, but said his witnesses who were on subpoena were in court.

    Asked if it was true that the case-file would be returned to the Chief Judge for re-assignment to another judge, Pinheiro said: “Was it announced in court?”

    Atuche and Ojo were first arraigned on October 20, 2009 on 45- count charge.

    They were accused of granting questionable loans to the tune of N125 billion without board approval.

    Their case has gone through two judges of the Federal High Court, before their fresh re-arraignment on November 15 last year before Justice Ofili-Ajumogobia.

     

  • EFCC’s financial plight

    EFCC’s financial plight

    •The anti-graft body cannot be famished for funds if we are serious in the campaign against corruption 

    Recent report that the Economic and Financial Crimes Commission (EFCC) is broke is catastrophic to the touted official battle against graft in the country. More saddening is the fact that the commission has not publicly denied the report. But to imagine that an agency saddled with the responsibility of prosecuting corruption is in dire straits, to an extent in which it could no longer fulfil some of its statutory obligations, is scandalous.

    Firstly, it is reported that the commission owes lawyers handling its briefs, and mostly affected in the body’s professional debt profile are senior lawyers in charge of cases against high-ranking politicians/ suspects arraigned for either involvement in outright pilfering of public till or nauseating money laundering deals.

    Secondly, the commission reportedly no longer has the requisite funds to prosecute its enlightenment Zero Tolerance programme on radio and television stations. The programme was deployed to educate Nigerians about its activities, and more importantly, the evils of corruption in the society. At the moment, the programme was not only suspended, worse is the fact that the EFCC still reportedly owes some stations arrears of aired editions. The publication of EFCC’s in-house magazine barely survived the crunch because of the reported resolute resolve of Ibrahim Lamorde, its chairman, to sustain the paper.

    Under no circumstances should the EFCC be starved of funds. But on the issue of lawyers’ professional fees, a better arrangement ought to have been worked out to bring out the best of the learned men and also reduce the financial strain of the body. Perhaps, the commission should have agreed to the global practice of no-win-no-money with these lawyers, especially in cases where the benefit of the doubt weighs heavily in favour of the commission. After all, most EFCC cases were lost due to negligence by lawyers that were paid millions of naira – to the chagrin of the public.

    Despite its glaring avoidable oversight in this regard, the EFCC remains so strategic a body, which is why its financial predicament should be of concern to all. Sometime early this year, Lamorde bemoaned, in an address before the House of Representatives, the sloppiness in the release of funds to the commission, to wit: “It is important to note that for 2012, we requested N21.8bn from the Budget Office of the Federation out of which only N10.9bn was allocated, representing 51 per cent of our requirement.” He reportedly revealed also that of the N300m and N700m for Legal Services and Staff/Office Equipment Insurance Premium, respectively, for 2012, not a kobo was allocated.

    The above sharply contrasted the position of Leo Ogor, House of Representatives Majority Leader who sounded bewildered about the claim that the commission is broke. According to him: “They came with a budget and we approved it for them. Maybe they are working outside their budget; it is not possible that they are broke…we shall look at their complaints in the next budget if any, to really understand what they are talking about.”

    We are aware of the evolving rude official fiscal tradition in the country whereby some appropriated budgetary funds, for inexplicable reasons, are not released to relevant agencies. The trend has gradually degenerated into an abysmal situation where monthly allocations to states are being paid in arrears of three months and more. This has led to insinuations that not only the EFCC but also Nigeria, is broke. Sadly, the presidency has not given any credible defence on this matter.

    The task of battling corruption that is endangering the institutions of state is one that must be won. And if EFCC is acknowledged to have a significant role to play in that regard, then, it should not be starved of required funding.

  • Arisekola son’s bid to quash subsidy charge dismissed

    Arisekola son’s bid to quash subsidy charge dismissed

    A Lagos High Court, Ikeja, on Monday dismissed an application by an oil marketer, Abdullahi Alao, seeking to quash the fuel subsidy fraud charge against him and four others.

     

    The News Agency of Nigeria reports that the application was dismissed by Justice Lateefat Okunnu for lacking in merit.

    The Economic and Financial Crimes Commission on October 10 last year charged Abdullahi, son of a prominent businessman, Alhaji Abdullazeez Arisekola-Alao, to court.

    He was charged alongside two other oil marketers, Olarenwaju Olalusi and Opeyemi Ajuyah, and their companies -Majope Investment Limited and Axenergy Limited for fuel subsidy related scam.

    The defendants were alleged to have obtained N1.1 billion from the Federal Government for the importation of 15,000 metric tonnes of Premium Motor Spirit (PMS).

    Okunnu, while ruling on the application to quash charges filed by Alao’s counsel, Mr. Oluwaseun Awonuga, held that the charge before the court was competent.

    The judge dismissed the defence submission that the fiat obtained by the EFCC from the Attorney-General of Lagos State had “expired.”

    She held that the EFCC and the Attorney-General of the Federation were empowered to prosecute criminal offences under state laws, even without a fiat from the state’s attorney-general.

    Okunnu said: “Section 211 (1) of the Constitution allows for circumstances in which any other body other than the Attorney-General can institute criminal proceedings against a person.

    “The EFCC Act, which is an Act of the National Assembly, also empowers the agency to prosecute criminal matters under a state law,” she said.

    The judge noted that the EFCC Act and the Constitution were superior to any law passed by a state House of Assembly.

    She also held that the Administration of Criminal Justice Law of Lagos State 2011 gave powers to the EFCC to prosecute the defendants before a state high court.

     

  • EFCC: oil marketer got N.9b without importing fuel

    EFCC: oil marketer got N.9b without importing fuel

    The Economic and Financial Crimes Commission (EFCC) yesterday claimed that an oil marketer, Rowaye Jubril, did not import the petroleum products for which he received N963.7 million subsidy.

    The EFCC made the allegation through one of its officers, Mrs Tolulola Olanubi, at the resumed trial of Jubril before an Ikeja High Court.

    The News Agency of Nigeria (NAN) reports that Jubril was being prosecuted with his company, Brila Energy Limited.

    Olanubi, who was led in evidence by EFCC counsel, Mr Seidu Atteh, said she was a member of the special team which investigated the alleged fraud in the Petroleum Support Fund (PSF) scheme.

    She said the accused obtained the money from the Federal Government for the purported importation of 13,500 metric tonnes of Premium Motor Spirit (petrol).

    Mrs Olanubi said: “The accused had claimed that there was a ship-to-ship transfer of the products between the mother vessel — MT Overseas Lima and the daughter vessel — MT Delphina.

    “The purported transfer took place between January 26 and 27, 2011 offshore Cotonou in Benin Republic.”

    The EFCC officer said investigations by the commission revealed that the transfer never took place, as claimed by the marketer.

    She said Llyod Lister, an agency, which monitors the movement of international vessels, also confirmed that the product was not imported.

    “I accessed the Llyod Lister’s data base to track the movement of the vessels. I observed that MT Overseas Lima was at Port Everglades in the United States on the day the accused claimed the ship-to-ship transfer took place.

    “MT Delphina was at Tin Can Island, Lagos, on the same day that the transfer was said to have taken place off-shore Cotonou,” the witness said.

    Justice Lateefat Okunnu fixed today for the continuation of the trial.