The Nation Newspaper

Tag: EFCC

  • Ajudua to remain in prison till June 24

    Justice Joseph Oyewole of a Lagos High Court, Ikeja on Tuesday ordered an alleged fraudster, Mr. Fred Ajudua, to be remanded in prison custody till June 24 when his bail application will be heard by the court.

    The order of the court came eight years after Fred Ajudua absconded from trial for charges of fraud brought filed against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC had in 2003 arraigned Ajudua and Charles Hijiudu before the court for allegedly defrauding two foreigners, Mr. Remy Cina and Pierre Vijgen, of about $1.69m between July 1999 and September 2000.

    After absconding from trial, Justice Oyewole in December 2005 issued a bench warrant directing the police to arrest the accused and bring him to court.

    But the police was unable to effect his arrest as ordered by the court almost eight years after.

    Ajudua appeared in court with his counsel, Mr. Olalekan Ojo, who applied for bail on his behalf t at his resumed trial on Tuesday.

    But the prosecution counsel, Mr. Wemimo Ogunde (SAN), opposed the application, saying the court should go ahead with the trial.

     

  • EFCC alone cannot fight corruption, says Lamorde

    The Chairman,  Economic and Financial Crimes Commission (EFCC), Ibrahim Lamorde has said that the commission cannot wage the anti-crime war alone.

    He stated this on his arrival from a two kilometer walk through some streets of Abuja , which was organized by the Nigeria Customs Service (NCS) for other para-military organizations such as the Security and Civil Defence Corps (NSDC), Nigerian Prisons Service and others.

    He explained that the road walk was designed for public and private sector workers in direct response to the mandate of the commission to prevent economic crimes such as corruption.

    His words: “The  Programme which we are flagging-off this morning is especially design for employees of  public and private institutions. The essence is to take the anti-graft campaign to workplace, and encourage workers to have a buy-in, as the EFCC alone cannot fight and win the war against corruption in Nigeria.”

    According to him, the sensitization Programme has come a long way as similar campaigns have been extended to the Nigeria Liquefied Natural Gas, Nigeria Deposit Insurance Corporation, Ministry of Transport and other agencies.

    Speaking, the Comptroller-General of the NCS, Dikko Inde Abdullahi, noted that the event kicked off series of workshops to educate the service officers and men on the need for transparency and integrity in the discharge of their duties.

    He said in the campaign, NCS has found the EFCC a worthy partner to cooperate with in order to spread the message that together the two organization are united against corruption.

     

  • Navy hands over 10 ‘oil thieves’ to EFCC

    Ten suspected oil thieves have been handed over to the Economic and Financial Crimes Commission (EFCC) by the Navy’s Forward Operating Base, Yenagoa, Bayelsa State, for further investigation and prosecution.

    The suspects, comprising of crew members of a vessel, MV Dalal, were arrested by the Central Naval Command (CNC) about two months ago for allegedly carrying illegally refined Automotive Gas Oil (AGO).

    A source said the captain upon arrest confessed to have lifted 120,000 litres of illegally refined AGO at Akassa, which was to be delivered at one of the jetties in Kirikiri, Lagos.

    Confirming the arrest, Flag Officer Commanding (FOC), CNC, Cmd. Emmanuel Okechukwu Enemor, said at the time of arrest, the vessel did not have Nigerian Ports Authority (NPA), bunkering permit, ship log, Naval Headquarters approval as well as Joint Task Force Certificate of Registration.

     

  • Court paves way for Fayose’s trial

    Court paves way for Fayose’s trial

    …Says, ‘EFCC has powers to prosecute ex-Ekiti governor’

    Justice Adamu Hobon on Monday ruled that the Economic and Financial Crimes Commission’s lawyer Rotimi Jacobs (SAN) has the powers to continue the prosecution of former Ekiti State governor Ayo Fayose.

    Fayose is facing trial for an alleged N1.2 billion fraud.

    Justice Adamu ruled that the commission has the power to hire any lawyer to defend its case

    According to him, Fayose’s counsel had failed to furnish the court with evidence that only Shittu could prosecute but the EFCC counsel was able to do same.

    It would be recalled that at the 21 March sitting, Fayose’s lawyers led by Ahmed Raji had opposed that Jacobs assume the prosecution of the case, arguing that the powers to prosecute the former governor actually rested with the Attorney General of the Federation (AGF) who had merely delegated such to EFCC.

    He had then contended that the power of the prosecution was limited, saying: “the motion is a very important one because the Attorney-General of the Federation and any other Attorney-General will not delegate this sacred power to just anybody.’’

    Raji had averred that such powers as delegated to the body (EFCC) could not again be re-delegated to another authority.

    At Monday’s sitting, Jacobs had presented to the court the letter given by the EFCC which was included in his ten-paragraph counter-affidavit to the preliminary objection of Fayose’s counsels as a prove that the prosecutorial powers had been duly transferred to it.

    He (Jacobs) equally opposed another adjournment sought by Fayose’s counsel through a letter he had sent to court requesting such.

    Jacobs had contended that requests for adjournment had become a pattern used by Fayose to delay his trial and make a mess of the ongoing process.

     

  • Trial of two oil marketers stalled due to absence of defence counsels

    The trial of two oil marketers, Oluwaseun Ogunbambo and Habila Theck, over N979.6 million fuel subsidy fraud could not go on as scheduled  on Monday owing to the absence of their counsel from court.

    Ogunbambo and Theck are facing a six-count charge of conspiracy, obtaining money by false pretences, forgery and use of forged documents.

    They were arraigned alongside their company, Fargo Energy Limited by the Economic and Financial Crimes Commission (EFCC) before Justice Adeniyi Onigbanjo of a Lagos High Court,  Ikeja.

    At the resumed  trial of the defendants on Monday, the EFCC counsel, Mr Francis Usani, informed the court that the date was fixed for hearing of two applications filed by Ogunbambo.

    He told the court that counsel to the defendants, Messrs Olisa Agbakoba and Adebayo Adenipekun, both Senior Advocates of Nigeria (SANs), were not in court for the proceedings.

    Usani said no explanation was given for their absence, adding that he would have used that as a ground to ask the court to strike out the applications.

    Ogunbambo had, at the last hearing  filed two applications in which he  sought court order  to quash the charges
    brought against him  and others by the EFCC. The application was filed on his behalf by the former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), who is now the lead defence team of Ogunbambo and other defendants.
    Agbokoba also raised three major constitutional and jurisdictional issues against the EFCC upon which he predicated the request for a court order to quash the charges preferred against his clients.

    The first issue touches on what is referred to as “Miranda rights” in the legal circle. Agbakoba had then argued that Miranda rights were not administered to the defendants by the EFCC before they were arraigned and as spelt out in the constitution. He explained that Miranda rights are secured rights of persons
    arrested or detained, to have legal representation immediately on arrest and before making any statement. The rights guarantee voluntariness of statements.
    These rights,  the former NBA boss argued, are contained in Section 35(2) of the Constitution and Section 3(2) & (3) of the Administration of Criminal Justice Law of Lagos State and the purpose of Miranda
    Rights is to prevent coercive and involuntary extraction of statements by law enforcement agents,  a practice that is widely acknowledged in Nigeria.

    Olisa Agbakoba, had also in the application challenged the competence of a federal agency, namely the EFCC, to prosecute federal offences in a state High Court and in particular, and whether the Lagos High Court
    has jurisdiction at all to try offences relating to the revenue of the federal government, that is, fuel subsidy.

    He further challenge the legislative and judicial competence relating to the trial of the defendants under the Advance Fee and other Fraud Related Offences Act.

    Usani however told the court that the EFCC had filed its counter-affidavits to the applications seeking to quash the charge against the defendants and the other asking for a vacation of the forfeiture order placed on Ogunbambo’s assets.

    The trial judge, Justice Onigbanjo has adjourned the matter till June 25, 2013 for hearing of the applications.

  • Money laundering: Ikuforiji, Atoyebi to be re-arraigned June 24

    Money laundering: Ikuforiji, Atoyebi to be re-arraigned June 24

    A Federal High Court in Lagos on Monday fixed June 24, for re-arraignment of Speaker Adeyemi Ikuforiji of the Lagos State House of Assembly over alleged laundering of N7.7 million.

    Ikuforiji is standing trial along with his Personal Assistant, Oyebode Atoyebi.

    The duo will be re-arraigned following the retirement of Justice Okechukwu Okeke who was handling the case.

    Their re-arraignment was stalled on Monday due to the absence of the accused.

    The Economic and Financial Crimes Commission (EFCC) arraigned them before Okeke on March 1, 2012, on a 20-count charge, bordering on misappropriation and money laundering.

    The accused will now appear before Justice Ibrahim Buba.

    Defence Counsel, Mr Tayo Oyetibo (SAN), informed the court on Monday that his client was not in court for the re-arraignment because he was not served the charge sheet.

    He disclosed that the speaker was out of Nigeria, adding that he did not know that he would be re-arraigned because the charge sheet was not given to him.

    The court, therefore, adjourned the case, and ordered the Prosecutor, Mr Godwin Obla, to properly serve the court processes on the accused.

    The News Agency of Nigeria (NAN) reports that Okeke had adjourned the trial indefinitely midway, following Obla’s withdrawal from the case.

    The EFCC accused the speaker and his aide of conspiring to accept N273.3 million from the House of Assembly without going through a financial institution.

    Ikuforiji was also accused of using his position to misappropriate about N500 million belonging to the assembly.

    The EFCC said that the accused committed the offences between April 2010 and July 2011, in contravention of Section 18 (a) of the Money Laundering (Prohibition) Act, 2011.

    Both of the accused had, however, pleaded not guilty to the charges.

    Okeke had granted Ikuforiji bail on self recognition, and admitted his aide to bail with the Clerk of the House as the surety.

  • Alleged N700m fraud: EFCC seizes 44 assets from eight suspects

    The Economic and Financial Crimes Commission (EFCC) has seized 44 assets from eight suspects who “defrauded” Union Bank of Nigeria (UBN)of about N700million. The seizure followed an interim order secured by the commission.

    Also, the commission has signed a Memorandum of Understanding (MoU) with the Office of the Inspector General of the Global Fund to facilitate exchange of information on fraud and abuse of office in relation to grant programs

    According to a statement by the Commission’s Head of Media and Publicity, Mr. Wilson Uwujaren, a Federal High Court in Umuahia, Abia State asked the anti-graft agency to take over the assets.

    The statement said: “The Economic and Financial Crimes Commission (EFCC) has received an interim order from Justice F.A Olubanjo of the Federal High Court, Umuahia, Abia State, to take possession of 44 assets of the eight persons who allegedly defrauded Union Bank of Nigeria Plc of about N700million.

    “The order also covers the freezing of the account of one of the accused person with a credit balance of N30million.

    “The eight accused are Chikezie Neoma Agbara, Amarachi Iroha, Lucy Nwosu and Glo Chizzy International Limited. Others are Nneamaka Raphael Iheabuchi, Nnamdi Nwosu, Ikechukwu Nwosu, Chukwu Chikezie and Oliver Ogbujie.

    “The accused were arraigned in two separate charges that border on criminal conspiracy, stealing by fraudulent conversion, money laundering and fraud to the tune of about N700million.

    “The EFCC had on January 4, 2013 sought the leave of the court to seize their assets – in line with Sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004.

    Section 28 reads: “Where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court.”

    Justice Olubanjo, in granting the interim forfeiture request ordered as follows, “That all assets as listed in schedule 1 to 5 of the ex-parte originating summons being proceeds of economic and financial crimes held directly by or for the benefit of or on behalf of the persons named in Schedule 1 to 5 of this ex-parte originating summons be temporarily attached pending the conclusion of trial in charge Nos. FHC/UM/CR/30/2012-FRN VS. Chikezie Neoma Agbara and 3 others; and FHC/UM/CR/77/2012-FRN vs. Chikezie Neoma Agbara and 6 others”

    “The Judge also ordered the manager or “ such other person in control of the financial institution in schedule 6 of this ex-parte originating summons i.e. Zenith Bank Plc, to freeze all accounts held directly, indirectly, by or for the benefit, and on behalf of one Oliver Ogbujie within Nigeria more particularly account No. 2006909505.”

    The commission gave a breakdown of the affected choice mansions.

    The statement added: A breakdown of the assets affected by this order is as follows: A four bedroom apartment at World Bank Housing Estate, Umuahia; twin two bedroom apartment at Amakama, Umuahia; one storey building of four flats at Umudike, Umuahia; an undeveloped plot of land at Government Station layout, Umuahia; another undeveloped parcel of land at Udume Ibeku Umuahia North Local Government Area; uncompleted Hotel project at Winners Road, near House of Assembly Complex, Umuahia; a 2002 ModelToyota Camry and 2002 Model Toyota Corolla cars – all belonging to Chikezie Agbara

    “The property belonging to Nneamaka Raphael Ibeabuchi include, five bedroom duplex with two rooms Boys Quarters at Umuagoro, Umudike, Umauhia; a block of five self-contained students Hostel at Umuagoro, Umudike, Umauhia; 3-bedroom bungalow at Plot UM/964, Health Centre Road, World Bank Housing Estate, Umuahia, among other assets.

    “Assets belonging to Nnamdi Nwosu include, one storey uncompleted block of 16-room students residential apartment at Unuahu/ Ofeke Ndum Ibeku, Umudeke Umuahia. A parcel of land at Umuohu Azueke, Umudike, Umuahia belonging to Ikechukwu Nwosu was also attached.

    Meanwhile, EFCC has signed a Memorandum of Understanding, MoU, with the Office of the Inspector General of the Global Fund to facilitate exchange of information on fraud and abuse of office in relation to grant programs managed by the Global Fund targeted at fighting Tuberculosis and Malaria in Nigeria.

    A separate statement by the commission said: “Under the MoU which was signed on behalf of the Fund and the Commission by the Head of the office of the Inspector General, Global Fund, Norbert Hauser, and the Chairman of the EFCC, Mr. Ibrahim Lamorde, respectively, both parties will cooperate by providing information and intelligence to each other, which may help in the investigation and prosecution of anyone suspected of engaging in fraud and abuse of Global Fund grant funds and related criminal activity.

    “Terms of the agreement stipulate that both parties will consult regularly, in particular to exchange information regarding new areas of potential cooperation and other joint activities falling within their respective mandates. All information exchanged will be treated as strictly confidential.

    “The Memorandum stipulates that any information exchanged will not be used as evidence in any judicial proceedings without the express prior consent of the party providing that information.

  • Babalakin, Okoh want court to quash ‘fraud’ charges

    Babalakin, Okoh want court to quash ‘fraud’ charges

    The Chairman of Bi-Courtney Limited, Chief Olawale Babalakin and his co-defendants on Wednesday asked a Lagos High Court, Ikeja to quash the charges preferred against them by the Economic and Financial Crimes Commission.

    The defendants made the request in separate applications filed by their counsel before the court presided by Justice Adeniyi Onigbanjo.

    Chief Babalakin is standing trial for allegedly transferring N4.7 billion on behalf of former Delta State Governor, James Ibori.

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

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

    At the resumed trial of the matter, the defendants told the court that the EFCC had no valid fiat to prosecute them before a state high court.

    Chief Lateef Fagbemi (SAN), the counsel to Babalakin told the court that the EFCC had no power to institute criminal proceedings at a state high court unless it had a valid fiat duly issued to them by the state’s attorney-general.

    Fagbemi pointed out that Babalakin and co-defendants were charged to court under a fiat issued on May 12, 2004 under the Criminal Code Laws of Lagos State 2003 and Criminal Procedure Laws of Lagos State 2003.

    “The fiat given in 2004 does not qualify as a fiat any longer because both laws under which it was made have been repealed,” Fagbemi said.

    He cited a ruling delivered on April 29 this year by Justice Samuel Candide-Johnson of a Lagos State High Court, Igbosere in a case involving FRN and Olayinka Sanni.

    He argued that the judge in the ruling held that the said 2004 fiat was no longer valid as a result of the repealed laws and the case was dismissed.

    Okoh’s counsel, Mr. Tayo Oyetibo (SAN), also urged the court to quash the charges against the defendants on similar grounds.

    “Since the fiat has been nullified, the defendants have the right to insist that they cannot be prosecuted with it and I urge the court to quash the charges against them,” he posited.

  • Falana, others petitions ‘spur fuel subsidy probe’

    Falana, others petitions ‘spur fuel subsidy probe’

    A Lagos High Court, Ikeja heard on Wednesday that the on-going investigation and subsequent prosecution of some oil marketers was the fall out of the various petitions submitted by Femi Falana(SAN), some members of the Civil society groups and the Minister of Petroleum Resources.

    A prosecution witness, Hammed Lawal disclosed this in his testimony at the ongoing trial of two oil marketers and their company before Justice Lateefat Okunnu.

    The Economic and Financial Crimes Commission had arraigned Samuel Bamidele, Abiodun Kayode Bankole and their company, A.S.B. Investment Company Limited for subsidy fraud.

    The EFCC’s operative, who was among those detailed to investigate the fuel subsidy infractions said that because the petitions were not specific, the commission decided to investigate the entire subsidy regime.

    He said it also became imperative for the commission to probe all transactions relating to the fuel subsidy regime because there was also a lot of public outcry against the misdeed.

    Lawal told the court that their investigations showed that the defendants fraudulently obtained payments from the petroleum support fund as subsidy for the importation of petroleum motor spirit (petrol) to the tune of N1, 341,471,735.67.

    He explained that analysis on the claims by the oil marketers showed that about 13,415 metric tonnes of fuel discharged by the marketers at Fatgbems depot did not emanate from Sweden as quoted in their “bill of lading.”

     

  • Fake EFCC officials attempted to defraud Suswam of $3m, says witness

    The Economic and Financial Crimes Commission (EFCC) has revealed how four suspects attempted to dupe Benue State Governor Gabriel Suswan of US$3 million (about N500 million).

    The suspects are: Mark Gbaa (alias Nasiru Nasamu); Ezekiel Ajik Azi; Bulus Ashom Agwom and Nuhu Bawa Atangs.

    The commission said the suspects conspired to impersonate its officials in an attempt to blackmail Suswam to part with $3million.

    A statement by its Head of Media and Publicity, Mr. Wilson Uwujaren, said the revelation came during the ongoing trial of the supects by Justice E. N. Kpojime of the Benue State High Court, Makurdi.

    The statement said the police orderly to the governor, Julius Donmo, and a senior officer with the Directorate of State Security Service (SSS), Aliu Dikko, explained how they were contacted by the suspects in their plot to deceive Suswam to cough out $3million.

    The statement said: “At the resumed hearing of the case on June 3, 2013, Julius Donmo, a member of the Police Mobile Force and orderly to Governor Suswan and Aliu Dikko, a senior DSS officer, were led in evidence by counsel to EFCC, Joseph Uzor. They gave detailed account of how the accused attempted to deceive Suswan into believing that they were operatives of the EFCC investigating a non-existent fraud perpetrated by his Commissioner for Finance.

    “Donmo narrated how he was contacted by the first accused, Mike Gbaa, claiming to be a high-level officer from the EFCC and wishing to see the governor to help stop investigation of fraud against his government.

    “He revealed how, after series of calls and text messages, Agwom and Atangs were arrested when they wanted to collect the agreed $3million by SSS operatives.

    “The first accused was later arrested through his phone. In his testimony, Dikko identified the accused as the suspects arrested and brought to him by his operatives for an alleged crime of personation and fraud.

    “He said they were subsequently interrogated and made statements under caution.

    “As the statements were to be tendered, the defence counsel, J. B. Damboi, opposed the admissibility of the documents on the grounds that they were allegedly obtained under duress…”