The Nation Newspaper

Tag: EFCC

  • Court rejects preferential treatment for Babalakin

    Court rejects preferential treatment for Babalakin

    An Ikeja High Court, Lagos, on Monday rejected the request by the embattled Bi- Courtney Chairman, Dr. Wale Babalakin to be allowed to sit in the bar or adjacent the dock as a Senior Advocate of Nigeria (SAN).

    The Economic and Financial Crimes Commission on January 17 arraigned Babalakin and four others, before Justice Adeniyi Onigbanjo, for allegedly conspiring and laundering N4.7 billion for the former governor of Delta State, James Ibori.

    Standing trial on a 27 count charge with Babalakin are one Alex Okoh; construction giants, Stabilini Visioni Limited, Bi-Courtney Limited, and Renix Nigeria Limited.

    Counsel to EFCC, Rotimi Jacobs (SAN), had told the court that the defendants between May and December 2006 conspired to commit felony to wit: corruptly confering benefit on account of public action contrary to Section 98A (1) (a) of the Criminal Code Law, Cap. C17, Laws of Lagos State 2003.

    At the resumed hearing on Monday, Babalakin, who was granted bail on self recognition, prayed the court to allow him sit outside the dock since he is an inner member of the bar.

    Lead counsel to the defendants, Lateef Fagbemi (SAN), who sought the relief prior to the commencement of the case, cited Section 210 of the Administration of Criminal Justice Law of Lagos State, 2011.

    He argued that Babalakin, as a SAN, “a lawyer of repute”, and under the law, as an accused may be allowed to “sit adjacent to the dock.”

    His submission was however countered by Jacobs, who insisted that the court must be careful, especially because the action will amount to an injustice against the second defendant, Okoh.

    Jacobs said, “We have to be careful, justice must be seen to have been done, not on the grounds of status of the defendant. If that application is granted, what about the other defendant, who is a banker.

    “The inner bar or the outer bar cannot be adjacent to the dock. That section only applies to when there is no dock. In construing the law, what is most important is justice.”

    In his ruling on the preferential treatment to Babalakin, Onigbanjo declined the request and insisted that he could only allow the defendant to be seated inside the dock.

    “Section 210 of the ACJ only applies to a witness on summons. It does not apply to this situation. The defendants have taken their plea. They are not here on summons,” said Onigbanjo.

    Monday’s proceedings were scheduled for hearing on three applications filed by the defendants, each of them represented by a team of defence lawyers.

     

  • Judge advises EFCC against wasteful prosecution of cases

    Judge advises EFCC against wasteful prosecution of cases

    Justice Lateefat Okunnu of the Lagos High Court on Wednesday advised the Economic and Financial Crimes Commission to do a “thorough” study of petitions filed by complainants before proceeding to court.

    Okunnu gave the advice while delivering judgment in a suit instituted by EFCC against a clearing agent, Caleb Onwudinjo.

    The judge discharged Onwudinjo, 50, of the six count-charge of obtaining money by false pretence preferred against him by the anti-graft agency.

    She described Onwudinjo’s prosecution as “a waste of tax payers money,” adding that he ought to be compensated for his travails.

    Okunnu said EFCC failed to thoroughly investigate the claim by the petitioner, Mrs. Ifeoma Okereke, before charging the matter to court.

    The agency on December 16, 2009 charged Onwudinjo for allegedly obtaining N2.7 million from Okereke under the guise of helping her pay for a container.

    The container, which was to be auctioned by the Nigerian Customs Services at Ikorodu Terminal, contained a used Honda Accord car and other items.

    Okereke, an employee of Bank PHB Plc (now Keystone Bank), had claimed that the accused swindled her by making a false claim that she would be given the container.

    However, Onwudinjo had testified that the money she paid was collected by Customs officers as “underhand” payments to give her an edge over other bidders.

    He had maintained that he gave N2.6 million to a retired officer, Pius Abayomi, who facilitated the inspection of nine containers by the complainant to give her an edge in the bid.

    The accused had claimed that the transaction failed, following the transfer of some of the officers and Okereke started demanding for a refund of her money.

    Onwudinjo had also debunked the claim by the complainant that she gave him N5 million, insisting that only N2.7 million was paid into his Bank PHB account.

    In her judgment, Okunnu said Okereke’s testimony was inconsistent, full of half-truths and blatant lies, aimed at misleading the court.

     

  • NBA, EFCC, NITDA, others support cyber crimes bill

    Stakeholders in the Information and Communications Technology (ICT) have expressed optimism on the ability of the proposed amendment to the Criminal and Penal Codes Act, 2004 to curb cybercrime in the country.

    The amendment is seeking to provide for offences and penalties relating to computer misuse and cyber crimes.

    The stakeholders, at a public hearing organised by the House of Representatives Committee on Justice yesterday, were unanimous in their support for the amendment. They said if not checked, cybercrime has the potential of affecting the country’s economy.

    According to the sponsor of the bill, Aisha Dahiru (PDP, Adamawa), the absence of cybercrime laws portrayed Nigeria as a porous nation for cybercrime, as it has become a well-organised and coordinated enterprise.

    She said the absence of cybercrime legislation has exposed sensitive economic, intelligence and security and sundry government outfits to hacking by cybercrime syndicates.

    Aisha Dahiru explained that the bill was not seeking the establishment of a separate agency to tackle the problem because of the cost implication and the time it would take to establish such a body.

    The Chairman of the committee, Ali Ahmad (PDP Kwara), said the activities of hackers and Internet fraudsters (otherwise known as yahoo boys) are assuming dangerous dimension, which have resulted in a loss of confidence in the electronic banking sub-sector.

  • Pension fraud: Judge threatens to strike out suit

    Pension fraud: Judge threatens to strike out suit

    A Federal High Cort Judge, Justice Adamu Bello, on Tuesday threatened to strike out the pension fraud suit filed by the Economic and Financial Crimes Commission for lack of diligent prosecution.

    The Judge gave the warning when no lawyer came to represent the anti-graft agency in the alleged N4.56 billion fraud slammed against a former Director, Pension Administration in the Office of the Head of the Civil Service of the Federation, Dr. Sani Teidi Shuaibu.

    At the resumed hearing on Tuesday, counsel to Shuaibu, Mr. Sunday Ameh (SAN) begged the court to strike out the charge.

    According to him, the charge was filed on October 17, 2011 and the accused was arraigned April 3, 2012.

    He also told the court that the prosecution could not claim ignorance about the sitting because he was in court when the case was adjourned on July 19, 2012.

    “The prosecution had been present in court up till July 19, 2012 and the case was adjourned to November 14, 2012 before the court later adjourned till today (Tuesday) at the instance of the prosecution.

    “In a matter that is not coming up before the court for the very first time. Matter for which parties have taken part in previous proceedings and particularly, in a criminal trial, it is the responsibility of the prosecution to know when the case is coming up.

    “Even if the case was not properly adjourned, it is the responsibility of parties to find out hearing date. The prosecution should have taken steps to find out about the adjourned date of the case”, Ameh argued.

     

  • Money laundering: Lamido’s son granted bail

    A Federal High Court sitting in Kano on Tuesday granted bail to Aminu, the eldest son of Jigawa State governor, Sule Lamido, who is standing trial for money laundering.

    Aminu was arrested by the Economic and Financial Crimes Commission operatives at the Malam Aminu Kano International Airport on December 11, last year when he attempted to transport $50, 000 out of the country.

    He declared $10,000 to the Nigerian Customs.

    After considering the bail application, Justice Fatu Riman in his ruling averred that the bail would not tamper with investigation because the accused was initially granted administrative bail by EFCC on December 13 last year.

    Despite enjoying the administrative bail conditions, Justice Riman acknowledged that the accused did not jump bail and has been reporting to the EFCC whenever he is requested to do so.

    After establishing that the accused person would not tamper with investigations, Justice Riman granted the bail application, arguing that what type of investigations would allow the accused person to gain access to such evidences.

    He added that the accused person only failed to appear in court on January 19, a development which has been established was due his ill-health.

    The judge, however, granted him bail with conditions, which includes the accused depositing N8 million, while the two sureties, which must be civil servants on Grade Level 14 will deposit N4 million each.

    According to the judge, the sureties must also provide evidence of tax clearance for the last three years, an evidence of landed property within the court’s jurisdiction.

    He adjourned the case to March 18 and 19 for further hearing.

     

  • Dud Cheque: EFCC arraigns House Committee chairman

    Dud Cheque: EFCC arraigns House Committee chairman

    The Economic and Financial Crimes Commission on Tuesday arraigned the Chairman, House Committee on Internal Security, Hon. Aliyu Gebi , for issuing dud cheques of about N120.5 million, to his lender.

    Gebi is representing Bauchi Federal Constituency on the platform of the Congress for Progressive Change.

    He was arraigned on a 13-count charge before Justice Abba Bello Muhammad of the Federal Capital Territory High Court, sitting in Apo, Abuja.

    The anti-graft agency accused him of issuing 13 dud cheques in favour of the complainant, Musty Petroleum Limited, an offence contrary to and punishable under section l(b) (i) of the Dishonoured Cheque (offences) Act, 2004 Laws of the Federation of Nigeria.

    Specifically, the Accused issued the complainant posted- dated cheques from his United Bank For Africa (UBA) personal account and a company account named Craft Technology Limited with value of dates on 13/01/2012 and 12/01/12 respectively.

    The cheques were issued to cover an interest free loan of N125, 000, 000 repayable within a period of 60 days, which the company borrowed him.

    Upon lodging them into UBA account of Musty Petroleum Limited on 1/02/12, the cheques were returned unpaid due to insufficient funds in the drawer’s account.

    Gebi pleaded not guilty to the charges.

    Moving the bail application, the defence counsel, Babatunde Oyefeso, prayed the court to grant him bail on self-recognition.

    He informed the court that the accused had been enjoying the administrative bail granted him by the anti-graft agency.

    The prosecution counsel, Mohammed Bello, did not oppose the bail application.

    Confirming that the accused had deposited his diplomatic passport with the commission, he urged the court to note the gravity of the offence by imposing condition that will make him attend trial.

     

  • EFCC re-arrests police pension chief

    The Economic and Financial Crimes Commission on Tuesday re- arrested the director of Police Pension Unit, John Yusuf.

    Yusuf was released by an High Court in Abuja on Monday after paying N750, 000 fine for conniving with others to defraud the police pension office of N27.2bn.

    Reports quoting the EFCC spokesman, Mr. Wilson Uwujaren, said Yusuf was re-arrested because there were several other cases against him.

    The pension boss, according to Uwujaren, would be re-arraigned in court to face new charges.

     

  • Subsidy scam: EFCC, marketers fail to agree on ‘amicable’ resolution

    Subsidy scam: EFCC, marketers fail to agree on ‘amicable’ resolution

    Two oil marketers indicted for their alleged involvement in petrol subsidy fraud have failed in their bid for out of court settlement with the Economic and Financial Crimes Commission.

    The oil marketers, Aro Sunday Bamidele and Abiodun Kayode Bankole had at the last sitting told the court that they were already negotiating with the EFCC regarding the N1.3 billion fuel subsidy charge preferred against them by the commission.

    But at the resumed hearing of the matter on Monday before Justice Lateefa Okunnu of a Lagos High court, Ikeja, the EFCC counsel, Tayo Olukotun informed the court that the negotiation process had failed.

    “My Lord, I wish to inform the court that negotiation between the parties has broken down. We were informed on Wednesday, January 24 of this development.

    “The defendants have filed a Notice of Preliminary Objection, we would like to respond to this and would be applying for a short time to respond,” Olukotun told the court.

    The oil marketers were arraigned alongside their company, A.B.S Investment Company Limited on October 5 last year.

    They are facing an 18- count charge bordering on conspiracy, obtaining money by false pretence, forgery and altering of documents.

    The EFCC had alleged that the defendants fraudulently obtained N1.3 billion from the Federal Government for the purported importation of 30 million litres of Premium Motor Spirit (PMS).

     

  • EFCC rejects transfer of Goje’s trial to Abuja

    EFCC rejects transfer of Goje’s trial to Abuja

    The Economic and Financial Crimes Commission on Wednesday said it has opposed the request of a former Gombe State governor, Danjuma Goje, to transfer his trial for conspiracy and money laundering from the Federal High Court in Gombe to Abuja.

    Goje and five others (Aliyu El-Nafaty, Sambo Tumu, S.M. Dokoro and S.M. Dokoro Gombe) are standing trial before Justice Babatunde O. Quadri.

    A statement signed by the Head of Media and Publicity of the anti-graft commission, Mr. Wilson Uwujaren, said at the resumption of trial on Tuesday, Goje sought transfer of his case from Gombe to Abuja .

    The statement said: “At Tuesday’s sitting, the defence team led by Chris Uche (SAN) drew the court’s attention to the letter written to the Chief Justice of the Federation for change of venue and transfer of the case from the present court in Gombe to Abuja or any other jurisdiction outside Gombe State for security reasons.

    “He urged the court to suspend proceedings while awaiting the directive from the CJN, before hearing of the pending application.

    “But prosecution Counsel, Wahab Shittu objected, saying the court can continue with the matter pending any response from the CJN.

    “Justice Quadri upheld the prosecution’s argument and urged both counsel to consider the stress of coming from outside Gombe and seize the opportunity of time.

    “Arguing his motion for transfer before the court, Uche quoted some sections of the Federal High Court Act 2004 and the 1999 Constitution of the Federal Republic of Nigeria to support his motion.

    “He predicated his request on the grounds that the matter is a high profile one and that the security situation in the North-East zone with regularly reported incidents of killings, kidnappings, bomb blasts and assassinations underline the need to protect the lives of the accused persons and their lawyers.

    “In his response, Shittu called the court’s attention to the fact that in all the proceedings prior to the application, there had been no incident in court to warrant the request for transfer.

    Wahab said: “This application lacks merit and only determined to delay the wheel of justice and your lordship is entitled to resist it.

    “What is the application saying, that your lordship should transfer this case to Abuja? The presumption is that Abuja is safe to hear this case. Do we believe them? Or is the applicant saying that the case should be transferred to the Villa since they deposed in paragraph 13 of their affidavit that the last Independence Day was moved out of its traditional place – the Eagle Square -to the villa for security reasons?”

    “Shittu urged the court to throw out the application as acceding to it would be tantamount to setting a precedence which may encourage other persons with cases before the court to seek transfer of their cases to choice places.”

     

  • Ohakim denies arrest by EFCC

    Ohakim denies arrest by EFCC

    A former Governor of Imo, Chief Ikedi Ohakim, has denied being arrested or detained by the Economic and Financial Crimes Commission.

    The alleged arrest was in connection with the N62 billion fraud contained in a government audit report.

    An audit report entitled: “Imo State Account Reconciliation June 2007-May 2011”, submitted to the state government on Monday, alleged that the former governor defrauded Imo State Government of N62 billion.

    The Chairman of the committee, Mr. Jude Agbaso, who presented the report, said the alleged fraud was carried out through the over valuing of contracts and absence of payment vouchers for contracts awarded.

    Agbaso, who is the Deputy Governor of the state, alleged the lack of due process in the award of contracts, improper authorisation of payments and the lack of projects executed by the administration.

    But Ohakim told journalists in a telephone interview that he was never arrested as published in an Owerri- based tabloid and widely rumoured in the state.

    He described the newspaper report as “a figment of the reporter’s mind.”

    “What did I do that EFCC should arrest me? If EFCC invites me, I will answer them. In fact, before now, the agency had invited me once or twice to come and give some information.

    “I have never been arrested before by EFCC and as I am speaking, I am holding a meeting in my office in Asokoro, Abuja,” the News Agency of Nigeria quoted Ohakim as saying during the interview.

    Ohakim explained that before he left office, he prepared a 300-page handover note and an accompanying 22-page summary, which he handed over to Governor Rochas Okorocha.

    According to him, the handover document contains the 900 water schemes and other projects initiated and completed by his administration in four years.

    “For Okorocha to say that my administration barely managed to complete two or three projects during my tenure is a sure proof that he never read, has refused to read, or did not understand what I put down in the handover document,” Ohakim said.