The Nation Newspaper

Tag: EFCC

  • N1.9b subsidy fraud: EFCC can’t clarify disparity in allegations against four marketers

    The Economic and Financial Crimes Commission (EFCC) yesterday failed to clarify the discrepancies in the N1.9 billion fuel subsidy fraud charge preferred against four oil marketers and their company.

    An investigative officer with the EFCC, Mr. Damon Yelma, under cross-examination by Mr E. D. Onyeke, the counsel to the first defendant, Walter Wagbatsoma, admitted that the EFCC did not carry out any investigation to clarify the discrepancies in two shore tank certificates said to have been issued by Obat Oil Limited on a transaction.

    Yelma was testifying at the beginning of the trial of the marketers – Walter Wagbatsoma, Adaoha Ugo-Ngadi, Fakuade Babafemi and Ezekiel Ejidele – as well as their firm, Ontario Oil and Gas Limited.

    The trial was opening before Justice Lateefat Okunnu of a Lagos High Court, Ikeja.

    Led in evidence by EFCC counsel, Mr Rotimi Jacobs (SAN), Yelma told the court that he was in the team of investigators that probed the petition sent to the agency by the Minister of Petroleum, Mrs Deziani Alison-Madueke, concerning the subsidy payments to some oil marketers.

    He alleged that from the investigation, Ontario Oil was overpaid twice for the importation of petroleum products.

    According to him, the firm, in the third quarter of 2010, imported 10 million and 12 million litres of Premium Motor Spirit (PMS) but obtained subsidy payments for 19 million litres from the PSF for each of the transactions.

    Yelma said the owners of the tank farms, where the products were discharged – Obat Oil Limited and Integrated Oil and Gas Limited – gave the EFCC some documents to back the claims.

    Under cross-examination by counsel to the first defendant, Mr E. D. Onyeke, the EFCC official could not substantiate the allegations when he was presented with two copies of Shore Tank Certificates issued by the owners of the tank farms.

    Onyeke said: “Two separate shore tank certificates were issued by Obat Oil Limited on the transaction. The one, which had only the stamps of Obat, shows that 10,146,494 litres were discharged. The other certificate, which has Obat’s stamps and signature with that of the Petroleum Products Pricing Regulatory Agency (PPPRA), shows that 19,523,892 litres were discharged.”

    The lawyer said the same discrepancy was noted in the transaction involving Integrated Oil and Gas Limited, adding that the EFCC still failed to carry out further investigations.

    He said: “All documents generated in the course of these transactions, including the bills of lading, cargo manifests and haulage reports, showed that at least 19 million litres of PMS were imported each time.

    The trial continues today.

  • EFCC arrests Sylva in dingy corner of Abuja house

    EFCC arrests Sylva in dingy corner of Abuja house

    The Economic and Financial Crimes Commission (EFCC) on Wednesday arrested a former governor of Bayelsa State, Timipre Sylva for money laundering.

    According to a statement by the Head of Media and Publicity of the commission, Mr. Wilson Uwujaren, the former governor was picked up at his No. 3, Niger Street, Maitama, Abuja home.

    The statement said: “On arrival at the facility at about 10.00 am, the Commission’s operatives were told that the ex-governor was not in town but they insisted on conducting a search on the house having obtained a warrant from the court.

    “During the search, vital documents were obtained. Ironically, the ex-governor who was said to be out of town was later found hiding in a dingy corner in the upper chamber of his expansive mansion.

    “He was immediately whisked away and is currently being interrogated at the Abuja headquarters of the anti- graft agency.

    “He is being grilled in connection with fresh evidence linking him with a bouquet of fraudulent transactions that borders on money laundering. “Part of the new evidence includes a number of eye-popping real estate acquisitions in Abuja.

    “The arrest of the former governor is sequel to his refusal to honour invitations by the Commission.

    “Rather than appear before the EFCC, he got his lawyers to inform the Commission that he was unable to appear because he was sick, and hospitalised in Lagos. The lawyer had promised to appear with his client on May 7, 2013 but failed to do so.

    “The Commission warns that it will not longer tolerate the antics of suspects who treat its invitation with levity.”

  • Jonathan nominates Nnamani, Okiro for board appointments

    Jonathan nominates Nnamani, Okiro for board appointments

    President Goodluck Jonathan on Wednesday forwarded the names of the former Senate President, Ken Nnamani and ex-Inspector General of Police, Mike Okiro for board appointments.

    Jonathan also nominated Hon. Justice K.M.O. Kekere-Ekun for confirmation as a Justice of the Supreme Court.

    While Senator Nnamani was to be confirmed to chair the Infrastructure Concession Regulatory Commission (ICRC), Okiro is to chair the Police Service Commission.

    Jonathan also listed Barrister Aminu Dikko from Kaduna in the North West Zone as the Director -General of the ICRC.

    Other proposed members of the ICRC are – Mrs. Comfort Saro Wiwa from Rivers State (South South), Engr. Janet Febisola Adeyemi (Ondo-South West), Mrs. Yabawa Wabi (Bornu-North East), Hon. Musa Elayo (Nasarawa-North Central) and Barr. A.U. Kanu (Abia-South East).

    Members of the Police Service Commission are – the Deputy Inspector General of Police (DIG) Yakubu Mohammed (rtd) (North West), Hon. Justice Olufunke Adekeye, JSC (rtd), Osun, Aisha Larai Tukur (Taraba), Mrs. Comfort Obi (Imo), Chief Torngee Gem Toranyiin (Benue) and Dr. Otive Ogbuzor (Delta).

    Jonathan also wrote to withdraw the nomination of Mr. Adesoji Olaoba Efuntayo as the Secretary of the Economic and Financial Crimes Commission (EFCC).

    Efuntayo was replaced with Mr. Emmanuel Adegboyega Aremo (South West).

    The President also urged the Senate to confirm the nomination of Mr. Adulphus Joe Ekpe as the Director General of the National Lottery Commission.

     

  • Money laundering: Court to hear Babalakin’s applications June 5

    Money laundering: Court to hear Babalakin’s applications June 5

    Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja, has fixed June 5 for hearing of the applications filed by the Chairman of the Bi-Courtney Limited, Dr. Wale Babalakin (SAN) and co-defendant, Alex Okoh asking the court to quash the N4.7 billion money laundering charge preferred against them by the Economic and Financial Crimes Commission.

    The court also dismissed a pending application filed by Bi-Courtney Services Limited, seeking to quash the charge instituted against it by the EFCC.

    Babalakin, his companies – Stabilini Visioni Limited, Bi-Courtney Limited, Renix Nigeria Limited and Alex Okoh are facing a 27-court bordering on criminal conspiracy and money laundering to the tune of N4.7 billion.

    The EFCC had alleged that they laundered the money on behalf of the former Delta State governor, Chief James Ibori.

    Ruling on Bi-Courtney’s application on Tuesday, Justice Onigbanjo dismissed the submission of the defendant that the continuation of the trial was an abuse of court process because of an application pending at the appeal court on the matter.

    The trial judge held that continuing with the trial does not in anyway constitute an abuse of court process as argued by the applicant.

    He said mere filing of an application of appeal at the Court of Appeal is not enough ground to strike out or discontinue a charge before a lower court.

    The judge also held that it would amount to irreparable loss if he allowed the application to quash the charges and the appeal fails.

    “I think the balance of convenience tilts towards refusing this application. The application failed and is hereby refused,” he said.

     

  • Subsidy: Tukur’s son, two others challenge court’s jurisdiction

    Subsidy: Tukur’s son, two others challenge court’s jurisdiction

    Two oil marketers, Mahmud Tukur and Alex Ochonogor, alongside their company, Eterna Plc on Monday challenged the jurisdiction of a Lagos High Court, Ikeja, to hear the N1.8 billion fuel subsidy fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    Mahmud is the son of Alhaji Bamanga Tukur, the National Chairman of the Peoples Democratic Party (PDP).

    The marketers filed their application before the court presided over by Justice Adeniyi Onigbanjo.

    The application dated May 3,2013 was filed by their counsel, Chief Wole Olanipekun (SAN).

    The defendants were charged to court alongside Abdullahi Alao, son of prominent Ibadan based businessman, Alhaji Abdullazeez Arisekola-Alao.

    At the resumed hearing of the matter on Monday, counsel to the defendants, Chief Olanipekun informed the court that the application had been served on the EFCC counsel, Mr. Rotimi Jacobs (SAN)

    Olanipekun said the application was seeking for an order quashing or striking out the charge for want of jurisdiction.

    He said, “The criminal charge was not instituted in accordance with procedural due process.”

    “This charge is a matter relating to the revenue of the Federation on which only the Federal High Court has jurisdiction.

    “The substratum of the charge is within the admirality jurisdiction of the Federal High Court”, he said.

    Olanipekun told the court that his clients filed the application late because they were still discussing with the Federal Government on the charge.

    “As at now, we are still discussing. I say this from the Bar even if my learned friend, Jacobs, claims not to be aware,” he added.

    Jacobs however, told the court that he was not aware of the said discussion between his client (Federal Government) and the defendants.

    He urged the court to allow the parties take the applications orally but the judge declined his request.

    Onigbanjo therefore adjourned the matter till May 28 for argument of the applications.

     

  • EFCC arrests Ifeanyi Ubah over alleged N43.291b fuel subsidy scam

    EFCC arrests Ifeanyi Ubah over alleged N43.291b fuel subsidy scam

    Three suspects to face trial for N1.4b fuel subsidy scam

     

    For seven hours yesterday, the Economic and Financial Crimes Commission (EFCC) grilled the Chairman of Capital Oil, Mr. Ifeanyi Ubah, over alleged N43.291billion fuel subsidy fraud.

    He was still undergoing interrogation as of press time.

    Ubah was arrested by the operatives of the commission early yesterday.

    A source, who spoke in confidence, said: “His company was implicated in the scandal by the Aigboje Aig-Imoukhuede-led 15-man presidential panel, which re-investigated the fuel subsidy bazaar.

    “We had earlier invited Ubah for interrogation but when he did not honour the invitation, we decided to arrest him.

    “If nothing is found against him or his company, we will set him free. But if he has a case to answer, we will charge him to court.”

    Ubah was still undergoing investigation as of 5.05pm.

    EFCC spokeman Wilson Uwujaren confirmed Ubah’s arrest. The Special Fraud Unit of the Nigeria Police had in October last year arrested Ubah on a similar allegation.

    Based on SFU’s application, a Lagos Magistrate’s Court, remanded the Managing Director, Capital Oil and Gas in custody of Police Special Fraud Unit (SFU), Lagos over the alleged scam. Also charged and remanded with Ubah were Head of Trading, Nsikan Usoro, 35, Depot Manager, Godfrey Okorie, 41, General Manager, Chibuzor Ogbuokiri, 48; and Orji Anayo, 46, Executive Director (Operations).

    The case later went to a Federal High Court where Ubah was cleared of indictment by the Aig-Imoukhuede Committee. The coast is now clear for the EFCC to arraign three suspects for alleged N1.4billion fuel subsidy scam.

    Justice Olusumbo Goodluck of the Federal Capital Territory High Court in Jabi yesterday gave the EFCC the go-ahead to prosecute Helyn Aninye, Chizobam Ben-Okafor and Pon-Specialised Services Limited.

    Uwujaren said: “The judge struck out their (the accused persons’) application asking the court to decline granting the EFCC leave to arraign them for fraud, forgery and conspiracy to obtain the sum of N1.413,507,951.50 from the Federal Government of Nigeria by false pretence as subsidy under the Petroleum Support Fund.

    “Justice Goodluck, in her ruling, affirmed that at this stage, there is no requirement to consider facts before the court; what is needed is to determine if a prima facie case against the accused persons is established. “I am of the view that the proof of evidence suggests elements of forgery and obtaining by false pretences and I, therefore, overrule the objection of the accused persons and hereby grant leave to prosecution to prefer charge against them.”

    “The accused persons were said to have “on or about 3rd day of March, 2011 at Abuja within the Jurisdiction of the High Court of the Federal Capital Territory, Abuja with intent to defraud, conspired to obtain money under false pretence from the Federal Government of Nigeria under the Petroleum Support Fund”.

    “The offence, according to the charge sheet, is contrary to Section 8(a) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act No 14 of 2006.

    “They were to be arraigned on November 26, 2012 but this was scuttled as their counsel, Olisa Agbakoba (SAN), who challenged the application of the prosecution seeking the leave of the court to prefer charges against the accused persons.

    “He argued that the proof of evidence did not disclose any offence against the suspects and urged the court to refuse the application.

    “But, prosecution counsel, Steve Odiase, told the court that the proof of evidence supports the 18-count charge.

    “The case has been adjourned to May 30, 2013 for arraignment and June 11 and 12, 2013 for trial.”

  • EFCC, NCC partner against crimes

    THE Nigerian Copyright Commission (NCC) and Economic and Financial Crimes Commission (EFCC) have signed an inter-agency pact aimed at strengthening the implementation of the nation’s laws on copyright, economic and financial crimes.

    Both agencies formalised the partnership at the signing of a Memorandum of Understanding (MoU) at the EFCC Headquarters in Abuja.

    NCC’s Director-General, Mr. Afam Ezekude, and Chairman, EFCC, Mr. Ibrahim Lamorde, signed the document at a ceremony witnessed by key management members of both parastatals.

    The MoU which indicates that either party could terminate the pact after one month’s notice, provides that they shall cooperate in executing anti-piracy operations in the country.

    Other key terms of the MoU are: That the NCC shall share with the EFCC, for further investigation and action, relevant information obtained in the course of investigating a copyright infringement, which may contain elements or likelihood of the commission of economic and financial crimes by any persons or corporations.·

    Ezekude expressed the hope that the signing of the MoU would engender a robust and long-standing relationship between the agencies with a view to boosting the NCC’s zero-tolerance policy on copyright piracy.

    He said NCC’s partnership with the EFCC was in line with NCC’s tradition of building strategic collaboration with its sister enforcement agencies, adding that a similar inter-agency partnership between the NCC and Nigeria Customs Service (NCS) has so far resulted in the confiscation of a total of 16 containers of suspected pirated works estimated at over N6 billion.

    Lamorde who decried the massive importation and local mass production of pirated copyright works, gave assurance that the signing of the MoU would strengthen cooperation between the EFCC and the NCC at leadership and operational levels.

    He assured that under the MoU, the sister agencies would carry out a lot of intelligence and operational interventions to effectively check piracy of copyright-protected works in Nigeria.

  • EFCC vs Ikuforiji: Court adjourns indefinitely

    EFCC vs Ikuforiji: Court adjourns indefinitely

    The trial of Speaker of the Lagos State House of Assembly, Mr. Adeyemi Ikuforiji, for alleged money laundering, has been adjourned sine dine (indefinitely).

    Justice Okechukwu Okeke of the Federal High Court, Lagos, said the case will be assigned to a new judge.

    He accused the prosecution of deliberately delaying the case, saying the court is being “blackmailed”.

    “The case has witnessed an unprecedented delay by the prosecution,” the judge said.

    With the transfer of the case, the defendants will be re-arraigned and trial will begin de novo (afresh).

    Justice Okeke gave the ruling without any application by any of the parties.

    He will retire on May 18, sources said.

    The Economic and Financial Crimes Commission (EFCC) charged the Speaker and his aide Oyebode Alade Atoyebi with allegedly accepting over N500million from the Assembly.

    It said they did so without passing through a financial institution, an allegation the defendants denied.

    But most of the adjournments have been at the instance of the prosecution, leading the defence counsel to ask that the matter be struck out for want of diligent prosecution.

    Ikuforijiâs counsel Tayo Oyetibo (SAN) recalled that on October 21, last year, the court had indicated that it was prepared to hear the matter from day to day.

    The prosecution failed to show up on 20th of November, 2012. We lost at least 15 days at the instance of the prosecution,” he said.

    EFCC’s lead counsel, Godwin Obla, later withdrew from the case, saying the scheduled dates for trial (13 days in March) did not favour him.

    I submit that the defence has never asked for an adjournment in this matter.

    “This is a case where the defendant is begging to be prosecuted. I urge your lordship to dismiss this case,” Oyetibo said.

     

  • Jonathan seeks confirmation of EFCC secretary, others

    Jonathan seeks confirmation of EFCC secretary, others

    President Goodluck Jonathan yesterday sent the names of Secretary and other members of the Economic and Financial Crimes Commission (EFCC) to the Senate for confirmation.

    A memo dated April 11, 2013 entitled: “Appointment of secretary and members of the EFCC” stated that Section 2(1)(a) of the EFCC (Establishment) Act, 2004 provides for the appointment of the Chairman and members of the Commission.”

    It said that in pursuant to the provision of Section 2(3) of the EFCC Act, 2004 the nominees were made.

    It named Micheal Ebong (South south); Mr. Uwasomba Udochukwu (Southeast), Mr. Emmanuel Ibitolu (Northcentral), Ismaila Mohammed Dokku (Northeast) as nominated members of the commission. Mr. Adesojo O. Olaoba-Efuntayo (Southwest) was named secretary.

    Jonathan also forwarded the names of Hajiya Fatima Kwaku and Olumuyiwa Akinboro to the Senate for confirmation for appointment as members of the Federal Judicial Service Commission.

     

  • EFCC arraigns man for stealing N635,000

    EFCC arraigns man for stealing N635,000

    The Economic and Financial Crime Commission (EFCC) yesterday arraigned a 30-year-old man, Benjamin Otuorimo, before a Lagos High Court, Ikeja, for allegedly stealing $4,016.25 (about N634,567.50) belonging to Kemud International Company Limited.

    Otuorimo, who is facing a one-count charge of fraud, was arraigned before the court presided by Justice Olabisi Akinlade.

    The EFCC counsel, Gbolahan Latona, told the court that the defendant, on September 12, 2012, with intent to defraud, obtained the money from Kemud International Company Limited.

    He said Otuorimo hacked into the company and that when he discovered that it was owing Intech Process Automation Nigeria Company Limited $4,016.25, he impersonated as a representative of Intech Process Automation Company.