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  • EFCC chairman announces cybercrime research centre to combat internet fraud

    EFCC chairman announces cybercrime research centre to combat internet fraud

    Executive Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, has announced the establishment of a cybercrime research centre as part of measures to build capacities against internet fraud.

    Olukoyede made this revelation in Ilorin, Kwara state, during a town hall meeting.

    The meeting, themed: “Uniting the Youths Against Corruption: Shaping Tomorrow’s Integrity,” was organized by the Ilorin zonal directorate of the EFCC to mark the 2024 International Anti-Corruption Day.

    Speaking through the zonal director, Harry Erin, Olukoyede stated that the anti-graft agency had initiated numerous measures to educate and engage young people against cybercrime.

    He emphasised the compelling need for young people to unite and confront the monster of corruption, advising them to envision a better future by choosing the pathway of integrity.

    “As we always say, taking shortcuts always cuts people short. Reject the shortcut of corruption and your future will be established”, he said.

    He said that corruption affects every age group, adding that corruption bites harder against the prospects and possibilities of youths. 

    “This makes it more binding on young people to tackle it more fiercely than any other age group.

    Every young person needs an equal opportunity for self-expression. But this is impossible in societies where favouritism, nepotism, partisan and other extraneous considerations tilt opportunities in favour of some few privileged people. This is not good for the youths and it is for this reason that they need to forge a united front against corruption”, he said.

    The EFCC boss said that one of the routes that can be taken by youths to achieve unity in the fight against corruption is deliberate synergy against graft. 

    “They can do this by forming associations, clubs, think tanks, and societies that promote good values. It is high time youths joined hands together to pursue values that will add strength to their lives.

    “Youths can also unite against corruption by exposing tendencies and actions that run counter to accountability and right values in their neighbourhood.  This is simply a whistle-blowing opportunity for youths.  There is no way corruption can be tackled if we allow it around us without a challenge.  Youths have formidable roles to play in this regard”, he said

    Earlier, a legal practitioner, John Baiyeshea (SAN) recommended serious legislation as punishment for people caught stealing Nigeria’s commonwealth.

    He urged the country’s legal system to wake up to its responsibility of applying appropriate sanctions against corrupt leaders.

    The senior advocate of Nigeria, who was the keynote speaker, asked pastors and imams in the country to correctively decree God’s judgement on corrupt leaders.

    “I urge pastors and Imams to collectively decree God’s judgement on corrupt people. They should remind God of His words in the scriptures against people stealing our collective patrimony,” Baiyeshea added.

    Baiyeshea also recommended the death penalty for people found to have corruptly enriched themselves with the country’s patrimony.

    The senior lawyer said this in Ilorin, Kwara state at a town hall meeting organised by the Ilorin zonal directorate of the Economic and Financial Crimes Commission (EFCC).

    The meeting was organised ahead of this year’s International Anti-corruption Day.

    He added that “corruption is the greatest industry in Nigeria and it has led to economic collapse. That is why there is poverty and hunger in a land that God has blessed us to flourish. The way those who are stealing our collective commonwealth.

    Read Also: EFCC chairman raises the alarm over cybercrime epidemic

    “We export corruption because the money that our people steal in billions of dollars is residing in those countries and it is cheap money in their systems. Something is fundamentally wrong with our system.

    “Those corrupt people are stronger than our legal system. They are stronger than our law enforcement agencies.

    “That is why I recommend the death sentence as punishment against treasury looters. In Hong Kong, Singapore, China, and North Korea punishing treasury looters is a death sentence. We should not be afraid to sentence to death those stealing our money.

    “The wealth of the country of over 200 million people is in the hands of about 2000 people, according to a study. This is the only country where we hero-worship corrupt people.

    “If forefathers of the Americas, Europe had stolen the countries’ money where will our children be running to now?”

  • EFCC urges youth to tackle corruption and internet fraud

    EFCC urges youth to tackle corruption and internet fraud

    The Economic and Financial Crimes Commission (EFCC) has called on the youth to fiercely combat corruption and allied offences through responsive collaboration, promoting positive national values, and achieving self-actualization and innovative progress.

    “Taking shortcuts will always cut people short. Reject shortcuts through corruption and related acts, and your future will be established,” the agency emphasized.

    The EFCC highlighted the need for youths to unite in challenging unsavoury practices such as internet fraud, which have detrimental effects on them. 

    The commission also disclosed that it has provided an enabling space for whistle-blowing.

    “One of the measures initiated for youth engagement by the commission is the establishment of a cyber-research centre to build capacity against internet fraud,” stated Ola Olukoyede, Director General of the EFCC, during the commemoration of the 2024 International Anti-Corruption Day in Sokoto State.

    “Youths can unite and expose tendencies and actions that run counter to accountability and right values in their neighbourhood with self-driven resolve to reject corrupt practices  else, no way the demon can be tackled ” 

    The EFCC Boss represented by the Commander, Sokoto Zonal Directorate, Mr Nwanneka Nwokike at a town hall interactive meeting also noted that corruption has denied young Nigerians equal opportunities to achieve self-actualisation.

    “This cannot be realised where favouritism, nepotism, partisanship and other extraneous considerations in the society are in favour of some few privileged persons and for these reasons, the youths must unite and forge a common front against corruption”, he stressed.

    The theme of this year’s day is: “Uniting the Youths against Corruption: Shaping Tomorrow’s Integrity” was extensively discussed by stakeholders from across CSOs, students anti-corruption and zero tolerance clubs of SSCOE, Sokoto, NYSC members, and Usman Danfodiyo University, Sokoto who also raised observations, questions and comments bordering on the commissions efforts at strengthening its mechanism for friendly collaboration, confidentiality on whistleblower as well responsive advocacy that would spread across strata of your society.

    However, Nwokike noted with passion how institutions were struggling to drive the crusade for students to stay away from corrupt acts and tendencies, especially internet fraud.

    “Students youths can embrace a deliberate synergy approach to fighting graft through the formation of associations, clubs thin tanks and societies that promote good values.

    “Youths as prime agents can also support and identify with EFCC’s activities through active engagements. We have integrity clubs at primary and secondary schools for students. Let our youths see a better future ahead of them by choosing a pathway of integrity”, he called.

    In his goodwill message, the Provost of the Shehu Shagari College of Education, Sokoto, Dr Muhammad Tambari said the college was dedicated and committed to shaping the minds of future leaders through promoting values of integrity, accountability, and transparency while pointing out that the college was not only for accessing knowledge but a transformative tool hence, the existence of a zero tolerant club as a proactive platform to deepen disdain against corruption in its entirety.

  • NANS hails EFCC for recovering 753 units of duplexes, others from ex-govt official  

    NANS hails EFCC for recovering 753 units of duplexes, others from ex-govt official  

    The National Association of Nigerian Students (NANS) has commended the Economic and Financial Crimes Commission (EFCC) for successfully recovering a vast estate in the Federal Capital Territory (Abuja) from a former high-ranking government official involved in corruption.

    Justice Jude Onwuegbuzie, on Monday, December 2, 2024, ruled for the final forfeiture of the estate, which spans 150,500 square meters and houses 753 duplexes and other apartments. 

    The estate, located on Plot 109 Cadastral Zone C09, Lokogoma District, Abuja, was allegedly constructed with proceeds from corrupt and illicit activities by the former government official.

    NANS, in a statement issued on Tuesday and signed by Abdul-Yekinn Odunayo, Clerk of the Senate at NANS headquarters in Abeokuta, Ogun State, hailed the recovery as the EFCC’s largest asset seizure since its establishment in 2003. 

    The students’ body described it as a significant victory in the fight against corruption in Nigeria.

    Odunayo in the statement lauded the anti-graft agency for working assiduously to secure the forfeiture of the property illegally acquired through the court of law, urging it not to relent in its fight against perpetrators of economic and financial crimes irrespective of their social and political status. 

    Read Also: Reps direct IGP to deploy squad for urgent action against kidnappings in Plateau

     He particularly hailed the EFCC Executive Chairman, Mr Ola Olukoyede, for his resilience and courage to tackle corruption in both government and private establishments. 

     According to the statement, Nigeria will be a better place if corruption can be tackled head on. With this forfeiture order secured by the EFCC, NANS strongly believes that jitters would have been sent down the spines of other corrupt public and government officials.

    Odunayo, however, urged the anti-graft to be buoyed by the latest achievement and go after more government officials who engage in unlawful practices to amass wealth and property. He further called on the EFCC to beam its searchlight on different government ministries, parastatals and agencies of the government, saying “many of such sprawling estates in different parts of Abuja are said to be owned by top government officials”. 

     While urging the management of the EFCC to brace up as corrupt officials who are afraid of being uncovered and suffer similar fate may want to fight back, NANS Clerk of the Senate added that the asset tracing and recovery policy must be extended to the state level. 

     He submitted by charging the EFCC boss to continue his internal sanitation of the anti-graft agency to weed out suspected corrupt officials and economic crime collaborators, in order for it to sustain its integrity.

  • EFCC seizes 753 duplexes in single largest recovery

    EFCC seizes 753 duplexes in single largest recovery

    The Economic and Financial Crimes Commission (EFCC) yesterday got a court order to seize an estate containing 753 units of duplexes in Abuja.

    It is the commission’s single-largest asset recovery.

    But the identity of the estate promoter remained unknown last night.

    It was learnt that a final security clearance would be required to disclose the estate owner, who is described as a “former top government official”.

    The application was filed by the EFCC without disclosing the identity of the top brass.

    A source said: “Even in the affidavit sworn to in the court, the identity of the owner was not mentioned. I think the forfeiture agreement clause by the EFCC and the owner was not to name the affected person.

    “Sometimes during sensitive cases, you determine whether you want the assets or the owner. In this case, the EFCC opted for the assets.”

    According to a statement by the Head of Media and Publicity of the EFCC, Mr. Dele Oyewale, the estate is located at Lokogoma area of Abuja.

    He said Justice Jude Onwuegbuzie gave the ruling on a final forfeiture of an estate in Abuja measuring 150,500 square-metre and containing 753 units of duplexes and other apartments.

    He said: “This is the single largest asset recovery by the Economic and Financial Crimes Commission (EFCC) since its inception in 2003.

    “The Estate rests on Plot 109 Cadastral Zone C09, Lokogoma District, Abuja.”

    On how the anti-graft agency secured the forfeiture of the duplexes, Oyewale said: “The forfeiture of the property to the federal government by a former top brass of the government was pursuant to EFCC’s mandate and policy directive of ensuring that the corrupt and fraudulent do not enjoy the proceeds of their unlawful activities.

    “In this instance, the Commission relied on Section 17 of the Advance Fee Fraud And Other Fraud Related Offences Act No 14, 2006 and Section 44 (2) B of the Constitution of the 199 Constitution of the Federal Republic of Nigeria to push its case.

    “Ruling on the commission’s application for the final forfeiture of the property, Justice Onwuegbuzie held that the respondent have not shown cause  as to why he should not lose the property, which has been reasonably suspected to have been acquired with proceeds of unlawful activities, the property is hereby finally forfeited to the federal government.”

    On how the commission came about the estate, the spokesman said: “The road to the final forfeiture of the property was paved by an interim forfeiture order, secured before the same Judge on November 1, 2024.

    “The government official which fraudulently built the estate is being investigated by the EFCC. The forfeiture of the asset is an important modality of depriving the suspect of the proceeds of the crime.

    “The justification for the forfeiture is derived from Part 2, Section 7 of  the EFCC Establishment Act, which  stipulates that the EFCC ‘has power to cause investigations to be conducted as to whether any person, corporate body or organisation has committed any offence under this Act or other law relating to economic and financial crimes and cause investigations to be conducted into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income.

    Read Also: EFCC fails in bid to arraign ex-Gov Yahaya Bello in his lawyers’ absence

    “The Commission’s Executive Chairman, Mr. Ola Olukoyede, has repeatedly described asset recovery as pivotal in the fight against corruption, economic and financial crimes and a major disincentive against the corrupt and the fraudulent.

    Addressing members of the House of Representatives Committee on Anti-corruption recently, he said, “If you understand the intricacies involved in financial crimes investigation and prosecution you will discover that to recover one billion naira is war.

    “So, I told my people that the moment we start investigation we must also start asset tracing because asset recovery is pivotal in the anti-corruption fight; and one of the potent instruments that you can deploy as an anti-corruption agency for an effective fight is asset tracing and recovery.

    “If you allow the corrupt or those that you are investigating to have access to the proceeds of their crime, they will fight you with it.

    “So, one of the ways to weaken them is to deprive them of the proceeds of their crime. So, our modus operandi has changed simultaneously. The moment we begin investigation, we begin asset tracing. That was what helped us to make our recoveries.”

    The Establishment Act of the Commission places huge emphasis on asset recovery.

    Subject to the provisions of Section 24 of the Act, “whenever the assets and properties of any person arrested under the Act are attached, the Commission shall apply to the court for an interim forfeiture and where a person is arrested for an offence under the Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic and financial crime and shall thereafter cause to be obtained an interim attachment order from the Court.

    “And where the assets or properties of any person arrested for an offence under the Act has been seized or any assets or property has been seized by the Commission under the Act, the Commission shall cause an application to be made to the court for an interim order forfeiting the property concerned to the Federal Government and the court shall, if satisfied that there is prima facie evidence that the property concerned is liable to forfeiture, make an interim order forfeiting the property to the Federal Government, which the Commission would usually escalate to earn a final forfeiture.

    “This procedure was duly followed in this respect.  The recovery of the asset represents a milestone in the annals of operations of the EFCC and infallible proof of the commitment of President Bola Ahmed Tinubu to the anti-corruption war.”

  • JUST IN: EFCC’s attempt to arraign Yahaya Bello fails

    JUST IN: EFCC’s attempt to arraign Yahaya Bello fails

    The Economic and Financial Crimes Commission (EFCC) on Friday failed in its bid to arraign former Kogi State Governor Yahaya Bello due to the absence of his legal team.

    Bello, currently in EFCC custody, was brought before Justice Emeka Nwite on charges of laundering N80.25 billion allegedly belonging to Kogi State. 

    The case, marked FHC/ABJ/CR/98/2024, accuses Bello and others of financial misconduct.

    At th mention of the case, lawyer to the prosecution, Kemi Pinheiro (SAN) announced appearance, but with no lawyer announcing appearance for the defendant.

    The development prompted Justice Emeka Nwite to inquiry when the defendant had no legal representation.

    In response, Pinheiro said the defendant would be in better position  to answer the question, following which the judge turned to Bello for an answer.

    The ex-governor, in response, said he was only informed on late Thursday, around 11pm, about his planned arrangements by the EFCC before the Federal High Court.

    Bello has been in EFCC’s custody since November 27 upon an order by Justice Maryanne Anenih of the HIgh Court of the Federal Capital Territory (FCT) before who Bello along with Umar Oricha (Director General, Kogi State Government House) and Abdulsalami Hudu were arraigned on a separate alleged money laundering 16-count charge.

    Following Bello’s response, Pinheiro proceeded to apply orally for Bello’s arraignment, arguing that by the provision of the law, such proceedings could be aborted where the defendant was absent, not the defence lawyer.

    Pinheiro relied on the authority of Joseph Vs. State, 2014 to argue that what the court requires for arraignment is the physical presence of the defendant and not the presence of his counsel.

    He cited sections 271 and 396 of Administration of Criminal Justice Act (ACJA), 2015, noted: “I respectfully apply that the charge be ready to this defendant and his plea be taken. Then this matter can be adjourned.”

    Justice Nwite then noted that Bello’ case was peculiar, in that the court had, at the last proceedings, adjourned till January for further hearing.

    The judge added that: “It would be a different thing if the defendant had no counsel,” in view of the fact that he was previously represented by lawyers.

    Justice Nwite held that, in the interest of fair hearing, proceedings could not be conducted in the absence of Bello’s lawyers, as sought by the prosecution lawyer,

    In rejecting Pinheiro’s application that the arraignment be conducted in the absence of the defence lawyers, held that it was in the interest of justice to await the presence of Bello’s lawyers.

    The judge said: “I have listened to the submission of counsel to the prosecution and also heard from the defendant.

    “It is not in dispute that on 30th of October, this matter came. It is also lol pl not in dispute that the defendant was not in court.

    “It is also not in dispute  that the court ordered parties to address the court on whether the defendant can be tried in absentia.

    Read Also: Court rejects EFCC’s request to arraign Yahaya Bello without his counsel

    “And it is also not in dispute that the matter has been adjourned till 21st day of January, 2024 for ruling.

    “It will be unfair if the matter is taken without the defendant’s  counsel. It would have been a different thing if the defendant had no counsel.

    “Therefore, I am of the view that the defendant’s counsel be put on notice,” Justice Nwite said.

    He proceeded to adjourn till December 13 for the hearing of the match tion by the EFCC for the abridgement of time for the arraignment of the defendant.

    Justice Nwite ordered that  hearing notice be issued and  served on the defendant’s lawyers.

    He ordered that Bello be remanded in the custody of the EFCC until December 13.

  • Court rejects EFCC’s request to arraign Yahaya Bello without his counsel

    Court rejects EFCC’s request to arraign Yahaya Bello without his counsel

    A Federal High Court in Abuja on Friday turned down the Economic and Financial Crimes Commission’s (EFCC)’s application to arraign ex-Gov. Yahaya Bello of Kogi in the absence of his lawyers.

    Justuce Emeka Nwite while delivering a ruling on the oral application by the EFCC’s counsel, Kemi Pinheiro, SAN, held that such request could not be granted in the interest of fair hearing.

    Justice Nwite agreed with Pinheiro that though a bench warrant was issued against the former governor, “fair hearing cannot be sacrificed on the altar of bench warrant.”

    The judge held that it was not in doubt that the matter was originally adjourned until Jan. 21, 2025, before the anti-graft agency brought a motion for the abridgement of time to arraign Bello.

    When the matter was called on Friday, although the former governor was in court, he was not represented by any lawyer.

    The judge then asked the EFCC’s counsel why the defendant was not represented in court.

    Pinheiro said the defendant would be in better position  to answer the question.

    However, when the ex-governor was asked why his lawyers were not in court, he said he was only informed of the sitting late Thursday night at about 11pm and so could not contact his lawyers.

    Pinheiro then made an application for the arraignment of Mr Bello.

    “What the law requires is the presence of the defendant, not the presence of his lawyers,” he argued, citing sections 271 and 396 of Administration of Criminal Justice Act (ACJA), 2015.

    “I respectfully apply that the charge be ready to this defendant and his plea be taken.Then this matter can be adjourned,” he said.

    But the judge said the instant case was peculiar.

    “It is peculiar in the sense that we have already agreed on a date, which is in January.

    “It would be a different thing if the defendant had no counsel,” the Judge said.

    Pinheiro insisted that the defendant’s plea be taken, citing a previous case.

    According to him, I rely on the authority of Joseph Vs. State, 2014, to the effect that what the court requires for arraignment is the physical presence of the defendant and not the presence of his counsel.

    Delivering the ruling, Justice Nwite turned down Pinheiro’s application.

    “I have listened to the submission of counsel to the prosecution and also heard from the defendant.

    “It is not in dispute that on 30th of October, this matter came up. And it is not in dispute that the defendant was not in court.

    “It is also not in dispute that the court ordered the parties to address the court on whether the defendant can be tried in absentia.

    “And it is also not in dispute that the matter has been adjourned till 21st day of January, 2024 for ruling.

    Read Also: BREAKING: EFCC to arraign Yahaya Bello again over alleged N80.2bn fraud

    “It will be unfair if the matter is taken without the defendant’s counsel.

    “It would be a different thing if the defendant had no counsel.

    “Therefore, I am of the view that the defendant’s counsel be put on notice,” he ruled.

    Justice Nwite consequently adjourned the matter until Dec. 13 for the hearing of the EFCC’s motion for the abridgement of time for the arraignment of the former governor.

    The judge, who ordered that the hearing notice be issued and be served on the defendant’s lawyers, directed that the ex-governor should remain in the anti-graft agency’s custody pending the adjourned date.

    (NAN)

  • How I collected $400,000 on behalf of Emefiele – Witness

    How I collected $400,000 on behalf of Emefiele – Witness

    The seventh prosecution witness, Mr John Adetola, in the ongoing trial of ex-governor of Central Bank, Godwin Emefiele, narrated how he collected the sum of $400,000 on behalf of the ex-governor.

    Adetola, who was the former personal assistant to Emefiele, made the revelation on Thursday while giving evidence before an Ikeja Special Offences Court.

    Emefiele is standing trial for alleged abuse of office and  $4.5 billion and N2.8 billion fraud, while in office.

    He is being prosecuted by the Economic and Financial Crimes Commission (EFCC), alongside his co-defendant, Henry Omoile.

    Omoile, on his part, is facing three-count charge bordering on unlawful acceptance of gifts by agents.

    At the resumed hearing, Adetola, through his counsel, Mr  Rotimi Oyedepo (SAN), told  the court that he managed office correspondences and visitors of the governor  in Lagos.

    He said his duty gave him direct access to Emefiele.

    Adetola said sometime in February 2023, he received an invite from EFCC and was interviewed on his relationship with Emefiele.

    He said, “I made a voluntary statement at EFCC office.

    “In 2018, Mr Eric Odoh, the personal assistant to the governor in Abuja, sent  a message to me that I should go and meet Mr John Ayoh, the former director of ICT department to collect $400,000  and give it to the governor.

    “I went to Mr Ayoh’s house in Lekki and he gave me the envelope.

    “I came back to the office and gave the envelope to the governor.”

    Adetola further told the court that he informed EFCC about the money during his interrogation.

    The witness, also confirmed that he communicated with Emefiele through telephone, email, office line and verbal communication whenever he was around.

    He also confirmed to the court that he knew one George and Okanta who were Emefiele’s younger brothers and the governor’s wife, Margaret, by virtue of his relationship with his boss.

    Adetola also confirmed to the court that Omoile (his co-defendant) lived in Emefiele’s house in Lagos.

    The witness also identified bundles of documents which were official communication between him and the ex-governor.

    He also identified documents showing his communication with Ayoh (former director of ICT department) and Odoh (personal assistant to the governor in Abuja).

    The prosecution sought to tender the bundles of documents for identification purpose.

    Emefiele’s counsel, Mr Olalekan Ojo (SAN) did not object.

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    But Omoile’s counsel, Mr Adeyinka Kotoye (SAN), objected and argued that the documents had no basis in law.

    According to Kotoye, a document not tendered as an exhibit, should not be tendered at all.

    Oyedepo, in his response, argued  that the documents were relevant and would prove essential ingredients of the offences.

    “The documents are for the purpose of identification,” he said.

    Justice Rahman Oshodi, admitted the bundles of documents for identification purpose, after considering  the parties submissions.

    Oshodi adjourned the case until Dec. 10 for cross-examination of the witness.

    (NAN)

  • $6bn Mambilla project: Appeal Court stays order asking EFCC to remove Sunrise Power’s Leno Adesanya from wanted list

    $6bn Mambilla project: Appeal Court stays order asking EFCC to remove Sunrise Power’s Leno Adesanya from wanted list

    The Court of Appeal in Abuja has stayed the execution of the September 23 judgment of a Federal High Court in Abuja ordering the Economic and Financial Crimes Commission (EFCC) to, among others, delete the name of the promoter of Sunrise Power and Transmission Company Ltd., Leno Adesanya, from its list of wanted persons in relation to any criminal allegations associated with the $6 billion Mambilla hydropower project contract.

    In a unanimous ruling on Thursday, a three-member panel of the appellate court upheld the argument by the Attorney General of the Federation (AGF) that irreparable damage will occur if the judgment is executed before the determination of a pending appeal that queries the jurisdiction of the Federal High Court to hear the suit on which the judgment was given.

    In the lead ruling, Justice Joseph Oyewole held that the motion for stay of execution, filed by the AGF was not an abuse of process as claimed by Adesanya and his firm.

    Justice Oyewole further held that the balance of convenience was in favour of granting the relief sought in the motion on notice for a stay of execution filed by the AGF.

    He proceeded to issue an order staying the execution of the September 23 judgment delivered by Justice Inyang Ekwo, and its accompanying orders, pending the determination of the pending appeal filed by the AGF against the judgment.

    Justice Ekwo had delivered the September 23 judgment on a fundamental rights enforcement suit marked: FHC/ABJ/CS/267/2024 filed by Adesanya and his firm against the EFCC, the Federal Ministry of Power and Steel, the Federal Government of Nigeria and the Attorney General of the Federation (AGF).

    Justice Ekwo agreed with Adesanya’s lawyer, M. S. Diri (SAN) that since the Ministry of Power has contested the claims of the plaintiffs and has counter-claimed against them (Sunrise’s claims) at the International Chamber of Commerce Court of Arbitration, the sanctity of the arbitral proceedings must be respected and protected.

    The judge said the court was concerned with safeguarding the integrity of the arbitral proceedings currently ongoing between parties, based on the United Nations Conventions on International Dispute Resolutions, which Nigeria is a signatory to and has also domesticated.

    He noted that the Ministry of Power must not be seen as a territory where international commercial transactions are unsafe and where municipal laws and agencies could be used against investors in case of disputes.

    Justice Ekwo observed that Sunrise instituted fresh arbitral proceedings against the Federal Government of Nigeria, which are ongoing.

    The judge, while noting that the fundamental rights guaranteed by the Constitution were not absolute, held that such assertion cannot serve as a defense against the violations such rights in manners that were at variant with constitutional provisions.

    Justice Ekwo held that there was no valid defence from the EFCC to justify its publication of Adesanya’s name and photograph as a “wanted person” on its website.

    He declared that the EFCC is not legally entitled to investigate, resolve or prosecute the contractual dispute between Sunrise and the Ministry of Power and the Federal Government, which is pending before the International Chamber of Commerce Court of Arbitration in Paris, under ICC Case Reference No. 26260/SPN/AB/CPB.

    Justice Ekwo proceeded to issue an order “quashing, setting aside, and prohibiting the publication of the first plaintiff (Adesanya) as a wanted person or threatening to prosecute the plaintiffs by the EFCC over the Mambilla Hydroelectric Power Project, pending the determination of the contractual dispute between the second plaintiff and the second and third defendants, which is pending before the International Chamber of Commerce Court of Arbitration in Paris, under ICC Case Reference No. 26260/SPN/AB/CPB, where the second and third defendants have joined issues.”

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    He also issued an order “of mandatory injunction is hereby made directing and compelling the EFCC, whether by itself or through its officers, agents, servants, or any other means, to immediately take down, delete, and remove the name and photograph of the first plaintiff as a ‘wanted person’ from its website: https://www.efcc.gov.ng and all other social media platforms and notice boards; and to remove all other negative content concerning or relating to the first plaintiff in connection with any criminal allegations.”

    Adesanya and his firm had claimed that they were being witch-hunted following the Federal Government’s failure to comply with the contractual agreement relating to the Mambilla project and their institution of an arbitral proceeding against the country.

    They stated that despite the pendency of arbitral proceeding, the Fed Govt and its security agencies, including the EFCC, have sought to criminalize and scandalize the Mambilla Project in a bid to evade their legal contractual obligations.

  • JUST IN: Yahaya Bello in court, controls supporters

    JUST IN: Yahaya Bello in court, controls supporters

    Former Kogi Governor, Yahaya Bello, billed to be arraigned at the FCT High Court, took over crowd control of the court when Justice Maryann Anenih left the courtroom out of anger. 

    Justice Maryann Anenih, billed to take the plea of the former governor and two others, rose abruptly and announced not to come back until there was sanity in the courtroom. 

    Shortly after the Judge left the court room, Yahaya Bello, who sat in front of the court room, got up and moved to the surging crowd. 

    He immediately directed his followers and sympathisers to vacate their seats and leave the court room. 

    His actions doused the tension as without resistance, the followers left the court room one after the other. 

    Read Also: JUST IN: Again, Yahaya Bello honours EFCC invitation

    To ensure sanity in the court room, the former governor sat at the entrance to the court room and ensured that none of his followers disobeyed the order of the court.

    All his aides and followers patiently obeyed his instructions and left the court one after the other.

    Kemi Pinheiro SAN is leading the Federal Government’d legal team for the arraignment while Joseph Bodunde Dauda, SAN is leading the legal team of the former governor in the 16-count charges.

  • Appellate Court orders EFCC, bank to apologise to customer

    Appellate Court orders EFCC, bank to apologise to customer

    A three-man panel of the Court of Appeal, Ibadan Judicial division, has ordered the Economic and Financial Crimes Commission (EFCC) and Al Hayat Microfinance Bank Limited to publicly apologise to a bank customer, Ayodele Adesanya, in the Tribune Newspaper.

    The appellate court gave the order in its judgment made after establishing a case of breach of fundamental rights by unlawfully arresting and detaining Adesanya over what the court determined and held was a purely civil transaction.

    The appellate court had held that Adesanya is entitled to compensation in the form of damages and public apology.

    Delivering the majority judgment, Justice Uchechukwu Onyemenam in a suit delineated CA/IB/466/2020, in addition to the public apology, had awarded general damages in the sum of N2m against the Al Hayat Microfinance Bank Limited and N500, 000 against the EFCC.

    The court held that the N200,000 damages awarded by Justice R. B. Akintola of the lower court in spuit M/372/2018 against EFCC and Al Hayat Microfinance Bank Limited in favour of Adesanya is extremely low.

    In 2018, while the case was at the lower court, counsel to the Appellant, Olamiji Martins and Adedayo Aborisade  had asked the court to award heavy damages against the EFCC and Al Hayat Microfinance Bank Limited, asking the court to order them to publicly apologise to the appellant in Tribune newspaper.

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    The lower court delivered its judgment on July 23, 2020 awarding the sum of N200,000 each against the respondents and failed to rule on the public apology sought by the applicant counsel.

    Dissatisfied with the lower court’s judgment, the appellant’s legal representatives had filed a Notice of Appeal before the Court of Appeal, Ibadan Division in 2020 and after four years, judgment was delivered in favour of the appellant.

    In his arguments, he had alleged that Al Hayat Microfinance Bank breached an abridged agreement it had with Ayodele Adesanya concerning the repayment of a loan but rather presented a post dated cheque to him in the tune of N6 million to the appellant’s bank and same was returned unpaid after which Al Hayat Microfinance Bank petitioned the EFCC and alleged that it had been defrauded by the appellant.

    Justice Onyemenam, relying on Section 35(6) of the 1999 Constitution of Nigeria, held that by so doing, Al Hayat Microfinance Bank acted mala fide by jettisoning its agreement with the sppellant whilst also holding that the EFCC acted beyond its powers by arresting and detaining Ayodele Adesanya as the commission is not given a “carte blanche to exercise its powers willy-nilly”.

    The two other judges on the panel; Justice Muslim Sule Hassan and Justice Okon Efreti Abang were in total agreement with the majority judgment.

    They condemned the arbitrary abuse of power by the EFCC and its co-sponsor, Al Hayat Microfinance Bank.

    Reacting to the said judgment, Olamiji Martins  praised the judicial activism and legal sagacity expended by the Court of Appeal in condemning the outrageous and arbitrary abuse of power by the EFCC.

    Martins noted that the judgment being a policy judgment “will aid in curbing the excesses of the EFCC, their civilian collaborators and supporters who are hell bent on feeding the EFCC with falsehood.”

    He added that as a top investigation agency, EFCC ought to be able to “sever wheat from shaft” and distance itself from interfering in any civil matter that has to do with debt recovery, emphasising that the commission is notorious for disregarding orders of superior courts of record and thereby making mockery of the judicial system.