Tag: EFCC

  • Tambuwal, Reps chide EFCC over  N2tr seized assets

    Tambuwal, Reps chide EFCC over N2tr seized assets

    •To trace whereabouts of $170m

    THE House of Representatives is set to trace the whereabouts of $170 million transferred to an unidentified account. The cash was discovered in an unnamed document and cannot be linked to the Accountant General of the Federation (AGF).

    House Speaker Aminu Tambuwal spoke while opening a three-day public investigative hearing organised by the Committee on Drugs, Narcotics and Financial Crimes to verify the status of all assets seized and recovered by the Economic and Financial Crimes Commission (EFCC) since inception.

    Tambuwal decried the secrecy surrounding seized assets of accused and convicted persons in custody of the anti-corruption agency.

    The committee has given pioneer EFCC Chairman Mallam Nuhu Ribadu and his successor Mrs Farida Waziri till tomorrow to honour the invitation, noting that Section 89 of the Constitution empowered the Committee to carry out such duty.

    Represented by the Deputy House Leader, Leo Ogor, the Speaker said:”I have learnt that between 2003 and now, the EFCC has confiscated over 200 mansions and large sums of money through 46 forfeiture court orders.

    “These landed property, monies, and business concerns which were estimated to be worth in excess of two trillion naira, included bank accounts, shares in blue chip companies, exotic vehicles, fuel stations, holdings, warehouses and shopping malls among others.

    “However, there have been many reported cases of vandalism, improper storage, abandonment and waste. We have reports that some of these properties have fallen into disrepair and that some cannot even be accounted for.

    “We cannot allow a situation whereby over 400 cars seized through the diligence of the EFCC for instance continue to rot away.

    “We have a vicarious responsibility to ensure that assets seized through forfeiture court orders are prudently and carefully manage to avoid waste and to ensure they are maximally disposed of for the benefit of the public.

    “It is not enough to just seize assets, we need to ensure that they are quickly utilised as part of the restitution for the original crime”.

    The Committee was, however, shocked that the National Drug Law Enforcement Agency (NDLEA) however disclosed that from the 70 cases it transferred to the EFCC between 2006 to date, only three have been concluded.

    The Committee was also told that N1, 841, 225, 239 was transferred to the EFCC in different currencies.

    NDLEA Chairman Ahmadu Giade told the Committee that once cases were transferred to the EFCC, it is up to it to do whatever it wants with them. He said his agency does not follow up on the cases or the movement of the monies transferred.

    He gave the breakdown as N27, 822, 410; N441, 928, 968 ($2, 832, 878) and N1, 114, 489, 896 ($7, 144, 166 fake dollars); N4, 872, 000 (£20, 300) and N225, 236, 880 (£938, 487 fake); N2, 309, 530 (€11, 266) and N1, 312, 000 (€6, 400 fake); N28, 125, 155 (CFA93, 750, 517) and N400 (5 Cedis).

    However, Mr Kunle Lasisi, who works for Aminu & Ibrahim and Co, an audit firm commissioned to audit the appropriated expenditure of the anti-corruption agency said the agency was not found wanting in the funding of its operational expenditures.

    The Committee wanted to know if the agency funded its operations from seized assets and if certain seized assets accounts were hidden from the auditor in the course of its activities.

    Lasisi said the scope of his firm’s duties, as permitted by the constitution would not allow him to audit the agency beyond accounts operated solely on the agency’s appropriated expenditure.

    On the missing $170 million, Lasisi insisted that they worked within the scope of their mandate.

    “There is no way I will know anything about such money because our scope has to do with how monies appropriated were utilised, our job is to find out if monies were taken from other sources to fund their operations.

    “As long as there was no record to that effect, there is no way we are going to audit such account. We only got to know about seized asset accounts and mentioned it because we requested for bank statements from the three banks that have the agency’s appropriated funds account,” Lasisi said.

  • Akingbola loses bid to stop  trial of N47.1b theft charge

    Akingbola loses bid to stop trial of N47.1b theft charge

    Former Vice-President of Intercontinental Bank Plc, Erastus Akingbola has lost in his bid to quash theft charges of N47.1 billion brought against him by the Economic and Financial Crimes Commission (EFCC).

    Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja, dismissed Akingbola’s application for want of charges,holding that Akingbola’s application is lacking in merit.

    The EFCC had charged Akingbola and the General Manager of Tropics Securities Limited, Mr Bayo Dada, to court for allegedly stealing the money belonging to the bank.

    The former boss of Intercontinental Bank in an application filed by his counsel, Chief Wole Olanipekun, (SAN) on July 10, Tthis year, prayed the court to quash the charges preferred against him by the Commission.

    He had submitted to the court that there was not enough proof of evidence to link Akingbola to any of the counts in the charge brought against him by the commission

    Olanipekun had argued that since the EFCC failed to obtain a fiat from the Lagos State Attorney-General, it lacked the power to initiate criminal proceedings against his client at the State High Court.

    But EFCC counsel, Mr Emmanuel Ukala (SAN), opposed the application and urged the court to dismiss it.

    But the trial judge, Justice Onigbanjo in his ruling, said that the Appeal Court had held that the EFCC was qualified to institute criminal proceedings under Section 211 of the 1999 Constitution.

    Onigbanjo also recalled that the Court of Appeal, while ruling on a previous appeal filed by Akingbola against the ruling of the former trial judge, Justice Habeeb Abiru, settled the issue of whether or not the defendant should answer the charges preferred against him by the EFCC.

  • Truths, lies and my EFCC days

    I read Mahmud Jega’s Daily Trust column a fortnight ago, with the title “Gra-gra versus softly-softly”.  It was composed in his characteristic meticulousness which also touched a nerve that concerns all.  It also involved me, personally. It involved me because the piece was not only about anti-corruption struggle, something I came to be more identified with in the course of my career, but also because I was mentioned, or referenced to, many times in the piece. In the piece, Jega repeated several erroneous notions about my work at the Economic and Financial Crimes Commission (EFCC). But to be fair to him, those insinuations were far from being his concoctions. They have been held for a long time by a section of Nigerians who were largely misinformed about the modus operandi of the EFCC I headed or about me as a person. I therefore thought it a duty to correct some of the wrong impressions people have about what we did, for the sake of future and the reading public.

    I must, however, appreciate many of the positive things about our operations and modest achievements at the EFCC highlighted by Jega. Those were things we achieved largely because of our resolve to form a strong and professional agency, from the outset. Strong institutions are at the base of whatever things to come out of a system. This was a major focus for us. There were deliberate steps at capacity building that would prove extremely advantageous for the work we did in the five years I was there. I use “we” because the work was never a one man job. EFCC was beyond Nuhu Ribadu, or any individual for that matter. It was a team work. The patriotism, esprit de corp and professionalism exhibited by the team were the secrets for our successes.

    But as I always insist, success of anti-graft efforts is hinged largely at the leadership level, especially the political leadership. We were lucky to have the cooperation of the leadership at the time. To the credit of President Olusegun Obasanjo, he let us do the work even at a time we were going against some elements that were extremely close to him. It is therefore amusing when I hear people these days charge me of “selective justice”. Well, perhaps those charges could be passed as the example of what Wole Soyinka called “our collective amnesia”. Take a comprehensive list of high profile people EFCC brought to justice, majority of them were people that could be correctly tagged “Obasanjo boys”. Even though some of them suddenly turn around the moment they found themselves in trouble with the law, as a way of buying public sympathy. Unfortunately, many people don’t strive to stretch the facts to reveal this truth. One largely neglected pillar of our work was the Judiciary and the criminal justice system generally. We had the support of other people in the justice administration chain. Without the will of incorruptible judges and other law enforcement officials, all our modest effort would have come to nought.

    However, the main thesis of Jega’s essay, which was also made clear from the title, was that the EFCC I headed was something of a gra-gra agency – a body that is peopled with exuberant officers eager to arrest suspects in order to hit the headlines. This is a flawed assessment of it. It is also something that people come to believe, largely on account of the agency’s portrayal in the media. EFCC was, and is, never about arrests. In fact, arrest was just a fraction of the entire work. But because arrest is what makes the news, the myriad of steps and processes we follow before and after arrest are mostly overlooked.

    Every step in administration of a corruption case is carefully outlined and has its rigours and identified procedures. A lot of work would have to be put in from the point of accepting a petition or starting a case, analysing it, identifying the key issues and persons, investigation, sourcing documents, obtaining arrest and search warrants, preparing charges and then arrest. We tried to work on each of the steps in a very meticulous manner. It is a little surprise therefore, that throughout my period there was only one person who took me to court challenging his detention by the EFCC. He also lost the suit. The reason was simple: we followed the law and therefore had to do our homework before we pick anybody. Similarly, to point to the meticulous nature of what we did, it is in record that the EFCC recorded a world record of over 90 percent convictions on all the cases we prosecuted. I don’t think gra-gra would yield these results.

    It is also incorrect to say that EFCC didn’t pursue preventive measures as regards corruption. We fully appreciated the fact that the twin strategy of prevention and sanctioning must always go together in law enforcement in general and fighting corruption in particular. The preventive measures of the EFCC were often overshadowed by the news selling headlines about arrests but EFCC took a lot of preventive measures. Major ones include the establishment of the Training and Research Institute that has been carrying out studies on corruption prevention in both public and private sectors. The institute is in the lead in training of detectives, public servants, bankers and so many others in Nigeria today. The establishment of Financial Intelligence Unit is one of the most important steps in preventive measures of controlling corruption globally; EFCC has done it for Nigeria. EFCC also worked to establish international networks and linkages, notably with the United Nations, FBI, Metropolitan Police, German BKA, and West African anti-money-laundering group, GIABA, among others.

    We also worked closely with many departments of governments, civil society groups, religious organisations and schools, on public enlightenment to stem corruption in the society. EFCC also engaged the National Assembly to amend laws, the judiciary on corruption prevention and justice delivery, the customs, the FIRS, NPA and many states and local governments. In fact, many of the arrests made by EFCC arose out of whistle-blowing efforts through these mechanisms. By the way, arrests and prosecutions are also very powerful tools of preventive measures, because they do send a strong message that one cannot get away with corrupt practice, no matter how highly placed.

    The article also mentioned the impeachment of three governors allegedly influenced by the EFCC. I try as much as possible not to be personal by commenting on such cases but the fact that it is suddenly gaining currency, makes it only sensible to clear the misconceptions. The EFCC did not and could not have impeached any governor or force legislators to do so. It will be unfair to deny the legislators the credit of doing their constitutional responsibilities. The EFCC did its part of the responsibility of investigation and submission of findings to the various state assemblies all over the nation. Some state assemblies had cause to act on such reports, others did not. But we certainly did not force anyone to take any action. My understanding of events then was that two out of the three former governors got arrested in London with millions of Pounds. They absconded from justice there and that triggered chain of events that culminated in their loss of political control of their states and thereby resulted in their impeachments. The former governor of Ekiti State had his own local issues. He lost out with the elite of the state, his political party, and other stakeholders. His ordeals had nothing to do with the EFCC. In all the cases, it was obvious that the governors lost out with their political parties and therefore the assembly members were more than willing to act on the thorough investigation reports of the EFCC. The reports were the extent of EFCC’s involvement in those impeachments.

    As a proviso, I want to state that all the actions we took while at the EFCC were taken with the purest of intentions and based on available facts before us at the time. But it is understandable that in everything we do as humans, we are bound to be misunderstood. However, fear of being misunderstood should not be an excuse for not moving to salvage our country. As citizens, we all have the civic responsibility of playing our part in healing the country of its myriad of maladies and guiding it to the coast of prosperity.

    • Ribadu is the former EFCC chairman

  • Alleged theft: Akingbola loses bid to stop trial

    Alleged theft: Akingbola loses bid to stop trial

    A former managing director of Intercontinental Bank Plc, Erastus Akingbola, has lost in his bid to quash theft charges brought against him by the Economic and Financial Crimes Commission (EFCC).

    Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja dismissed Akingbola’s application for quash of the charges.

    The trial judge held that Akingbola’s application is lacking in merit.

    The EFCC had arraigned Akingbola and the General Manager of Tropics Securities Limited, Mr. Bayo Dada in court for allegedly stealing N47.1 billion belonging to the bank.

    The former boss of Intercontinental bank had in an application filed by his counsel, Chief Wole Olanipekun (SAN) on July 10 prayed the court to quash the charges preferred against him by the commission.

    He told the court that there was not enough proof of evidence to link Akingbola to any of the counts in the charges brought against him.

    Olanipekun argued that since the EFCC failed to obtain a fiat from the Lagos State attorney general, it lacked the power to initiate criminal proceedings against his client at the state high court.

    But EFCC counsel, Mr. Emmanuel Ukala (SAN), opposed the application and urged the court to dismiss it.

     

  • Reps seek ‘proper management’ of seized assets

    Reps seek ‘proper management’ of seized assets

    The Speaker of the House of Representatives, Alhaji Aminu Tambuwal, said the House would ensure that assets seized by the Economic and Financial Crimes Commission were properly managed.

    The News Agency of Nigeria reports that Tambuwal made this known at a three-day investigative hearing on Monday in Abuja.

    The hearing organised by the Committee on Drugs, Narcotics and Financial Crimes, was to unravel the status of assets seized and sold by the EFCC since its establishment.

    The speaker said the House had a responsibility to ensure that the assets seized and sold through forfeiture court orders were prudently managed.

    “My dear colleagues, we cannot allow a situation whereby over 400 cars seized through the diligence of the EFCC for instance continue to waste away.

    “We have a vicarious responsibility to ensure that the assets seized through forfeiture, court orders are prudently and carefully manage.

    “This is to avoid waste and to ensure that the assets are maximally disposed of for the benefit of the public,” he said.

    According to him, this is why the House has resolved to carry out this investigative hearing, as it is not enough to just seize assets.

    “We need to ensure that they are quickly utilised as part of the restitution for the original crime,” Tambuwal said.

    Earlier, Jagaba Adams (PDP-Kaduna) Chairman of the Committee on Drugs, Narcotics and Financial Crimes, said the investigation was premised on a mandate given to the committee.

    He said the committee had earlier in the “spirit” of giving a fair hearing called for memorandum from the general public.

     

  • Money laundering: Court fines Lamido’s son

    Money laundering: Court fines Lamido’s son

    … Convict escapes jail term

    The Federal High Court in Kano on Friday declared that Aminu Sule Lamido is guilty of money laundering charge leveled against him by the Economic and Financial Crimes Commission.

    But in spite of the conviction by Justice Fatu Riman, the 34-year old son of Jigawa State governor will not serve any prison term.

    He is expected to only refund the 25 per cent of the $40,000 allegedly laundered to the Federal Government.

    Aminu Lamido will pay $10,000 to government coffers.

    According to a statement issued by the Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren, Justice Riman handed down the conviction having established that the prosecution had proved its case beyond reasonable doubt.

    The statement said: “Aminu Sule Lamido, the 34-year old son of Jigawa State governor, Alhaji Sule Lamido, who is being prosecuted by the EFCC for offences bordering on money laundering, was today convicted by Justice Fatu Riman of the Federal High Court, Kano, and ordered to forfeit 25 percent of the undeclared sum of $40,000

    “Aminu was arrested on December 11, 2012 at the Mallam Aminu Kano International Airport on his way to Egypt for failure to declare the $50,000 in his possession. He only declared $10,000 to the Nigerian Customs Service.

    “When he was arraigned before Justice Riman on Monday February 4, 2013, Aminu pleaded not guilty to the charge and was remanded in prison pending hearing of his application for bail.

    “The charge against the accused reads: “that you Aminu Sule Lamido on or about 11th day of December, 2012 at the Mallam Aminu International Airport, Kano within the Jurisdiction of the Federal High Court while transporting in cash, the sum of $50,000 from Nigeria to Cairo, Egypt, falsely declare to the Nigerian Customs the sum of $10,000 (instead of the said sum of $50,000) as required under Section 12 of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act Cap F34 Laws of the Federation of Nigeria 2004 and Section 2(3) of the Money Laundering (Prohibition) Act, 2011 and thereby committed an offence punishable under section 2(5) of the Money Laundering (Prohibition) Act 2011”.

    “At the resumed hearing on February 5, 2013, Justice Riman granted the accused person bail in the sum of N8million and two sureties in like sum.

    ”In the course of trial, which got underway April 19, 2013, the prosecution called four witnesses and tendered documents which were admitted as exhibits.

    “One of its witnesses, Sanusi Ahmed who is an operative of the EFCC, told the court that the accused person only registered $10,000 in the Nigerian Customs Declaration Form only for a search to reveal that he had $50,000 on him.”

     

  • Court dismisses EFCC’s suit against Sylva

    A Federal High Court sitting in Abuja on Thursday dismissed a suit brought against former Bayelsa State Governor, Timipre Sylva by the Economic and Financial Crimes Commission (EFCC).

    The commission had in an earlier suit got an order of temporary forfeiture of about 48 property traced to Sylva.

    Justice Ahmed Ramat Mohammed had while granting the order last December allowed the EFCC to continually apply for the extension of the order.

    But in Thursday’s ruling, the judge rejected an application by EFCC for the extension of the lifespan of the order on the ground that since the commission has filed a formal charge against Sylva before another judge of the same Federal High Court, it would be proper if the application for extension of the interim forfeiture order was made before the new court.

    “It would appear that EFCC is instituting a multiplicity of suit against the accused. This court cannot allow any process that amount to an abuse and it is hereby dismissed,” Justice Mohammed held.

    In the charge before Justice Adamu Bello of Court Three, Sylva is being prosecuted by the EFCC over alleged money laundering related offences.

    When the case came up on Monday, his lawyer, Okunade Olorundare (SAN) informed the court about a new application by Sylva, seeking for permission to travel abroad.

    His new application was filed about a month after the court refused an earlier application he filed, seeking for permission accompany his wife on a medical trip outside Nigeria.

    In the new application, Sylva is praying the court to release his international passport deposited as part of his bail conditions. He also wants to be allowed to travel on ground of ill health.

    Justice Bello fixed July 15 for hearing of the application.

     

  • Ibori’s cash: Court decides owner September 20

    Ibori’s cash: Court decides owner September 20

    Who owns the $15milion bribe allegedly offered a former chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu, by ex-Governor James Ibori?

    This riddle will be addressed on September 20 by Justice Gabriel Kolawole of a Federal High Court sitting in Abuja

    According to a statement issued by the Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren, the judge will deliver verdict on the ownership of the bribe cash, which is the subject of legal tussle between the EFCC and the Delta State Government.

    The Delta State Government is claiming ownership of the money.

    But the EFCC had in July 2012 approached the court through an ex- parte application, requesting for an order forfeiting the Ibori bribe cash which had been lying in the vaults of the Central Bank of Nigeria for more than five years to the Federal Government as unclaimed proceed of crime.

    The statement said: “Following the application, the court on July 24, 2012, ordered the EFCC to publish an interim order of forfeiture in a national newspaper (Thisday Newspaper), alerting any one with claim to the said money to state such claims within 14 days, three parties, including the Delta state government indicated interest.

    “While others have since abandoned their claim to the bribe sum, the Delta State government continues to pursue its claim.

    “At the resumed hearing of the case on Wednesday, the EFCC closed its case, urging Justice Kolawole to dismiss the claim by the Delta State government to the $15million bribe and order the final forfeiture of the sum to the Federal Government, in line with provisions of section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.

    “It submitted that the Delta State government’s claim to the bribe lacked merit as the same government had in 2007 instituted an action against the Commission and the Attorney-General of the Federation, stating that Ibori should not be investigated and that the state had lost no money from its treasury.”

     

  • EFCC appeals court’s decision on ex- Works Minister

    The Economic and Financial Crimes Commission (EFCC) said yesterday that it has appealed last week’s decision by a Federal High Court in Abuja discharging ex-Works Minister Hassan Lawal of charges of money laundering.

    The commission is asking the Court of Appeal, Abuja to set aside the July 4 ruling of Justice Adamu Bello of the Federal High Court, Abuja.

    Justice Bello, had in his ruling upheld the no-case submission by Lawal and an official of the United Bank for Africa (UBA), Adesanye Adewale charged with the ex-Minister on the ground that the EFCC failed to establish a prima facie case against them.

    In the notice of appeal, EFCC is seeking a review of the ruling of the lower court on two grounds.

    On the first ground, the EFCC faulted the trial judge for delivering his ruling outside the 90 days period prescribed by the Constitution.

    Secondly, EFCC argued that the trial court erred by upholding and granting Lawal and Adewale’s application for a no-case submission in spite of the evidential materials, oral and documentary, before the court.

     

     

     

     

  • Alleged fraud: Ajudua seeks change of trial judge

    A one-time Lagos socialite, Fred Ajudua, on Monday filed an application before a Lagos High Court, Ikeja, seeking a change of thejudge hearing charges of fraud preferred against him.

    The News Agency of Nigeria (NAN) reports that Ajudua and his associate Charles Orie, are standing trial before Justice Joseph Oyewole for allegedly defrauding two Dutch nationals few years ago.

    They were arraigned on May 30, 2003, for allegedly defrauding Messrs Remy Cina and Pierre Vijgen, of 1.69 million US dollars (N252.8 million).

    During Monday’s proceedings, Ajudua’s counsel, Mr. Allens Agbaka, said the defence had petitioned the Chief Judge of Lagos State, Justice Ayotunde Phillips, to remove Oyewole from presiding over the trial.

    Agbaka also sought for an adjournment of the trial, pending the decision of Phillips to transfer the case to another judge.

    In the application– which was supported by a six-paragraph affidavit– Agbaka alleged that Oyewole had made a prejudicial remark while ruling on Ajudua’s bail application on June 25.

    The defence counsel said the judge’s claim that his client would tamper with the prosecution witnesses was prejudicial to the fair trial of the case.

    He said:”The learned presiding judge, in making those remarks, has given cause for reasonable apprehension that the first accused (Ajudua) has been found guilty, even before the conclusion of the trial.”

    The EFCC counsel, Mr. Wemimo Ogunde (SAN), told the court that he needed time to respond to the application.

    NAN reports that the matter was adjourned till September 24 for further hearing.