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Tag: EFCC

  • INEC engages EFCC, FIU, CBN, others to track campaign finance

    ANTI-GRAFT agencies, financial institutions and other agengies have been urged by the Independent National Electoral Commission (INEC) to assist in tracking campaign finances of political parties and their candidates.

    The agencies are: Economic and Financial Crimes Commission (EFCC), Financial Intelligence Unit (FIU), Central Bank of Nigeria (CBN), National Broadcasting Commission (NBC), Nigeria Communication Commission (NCC) Centre for Social Justice (CSJ), the Police and four other organisations.

    Eze Onyekpere of the CSJ has been named to coordinate the committee of monitors.

    The committee is expected to submit its report after six months.

    A National Commissioner, Prof. Antonia Okosi-Simbine inaugurated the committee on behalf of the chairman of the commission.

    The 10-member group is to monitor the spendiñg of all the candidates and political parties spending to ensure they don’t exceed the approved sealing.

    Nigerians are expected to go to polls on February 16 for the presidential and National Assembly seats and March 2 for the state elections.

    The tracking for campaign financing is expected to end on Saturday after the presidential and National Assembly polls. The curtain will drop on the state elections after the governorship and House of Assembly polls on March 2.

    INEC had said that it will be monitoring the ongoing campaign by various political parties and candidates closely ahead of the 2019 general elections.

    The campaign for the 2019 Presidential election officially commenced on November 13, 2018, as provided for by the Electoral Act.

    The commission is empowered by Section 90 of Electoral Act, 2010 as amended to place a peg on campaign expenses.

    Election expenses are incurred by political parties and their candidates within the period from the date notice is given by the commission to conduct an election.

    Section 91 of the Electoral Act stipulates a maximum of N1 billion for presidential candidate. The governorship candidate cannot spend more than N200 million for campaign.

    The maximum amount allowed for Senate and House of Representatives is N40 million and N20 million respectively.

    The Act does not allow individual or entity to donate more than N1 million to any candidate.

    The Act states: “A political party that incurs election expenses beyond the limit as stipulated in this Act commits an offence and is liable on conviction to a maximum fine of N1,000,000.00 and a forfeiture to the commission of the amount by which the expenses exceed the limit set by the commission. The Electoral Act 2010 as amended also stipulated N1, 000,000,000.00 fine or imprisonment for a term of 12 months or both as punishment for any individual that contravene the Act for the presidential and N600,000 for the senatorial election while, House of Representatives N500,000 or imprisonment N500,000.00For the governorship, it is N800,000.00 or imprisonment of nine months or both.”

    The commission had in the past confronted by some challenges which had hindered its work. However, the commission said it was ready to wield the big stick on any party or candidate that contravenes the law.

    Speaking during the inauguration of the inter-agency campaign finance monitoring group yesterday, INEC National Commissioner, Prof. Anthonia Okosi – Simbina, said the report of the 2019 campaign finances will be release immediately after the election.

    She said: “We will check newspapers avert, TV, Radio, billboard and we must see to the conclusion. Those who spent beyond what the legal frame work provided for or spent outrageously will have themselves to blame.

    “Vote buying must be monitored too. And those reports must be published after the election. Unlike what happened in the past, six months will be late for the report. We will ensure compliance to the electoral act.”

    She said all the 10 groups engaged for the tracking of the campaign finances will be working with the electoral finance and party monitoring department of INEC.

    Also speaking, the Assistant Director, Campaign Finance Tracking Unit, Ishaq Garba Aliyu, said they recorded milestone in the 2015 campaign finance tracking, adding that they won’t leave chances in the 2019 election campaigns.

    “We have built the capacity of the staff. They review the tracking forms to include separate forms for candidates and political parties. The tracking ends on the day of election,”Aliyu said.

  • NJC gives Onnoghen seven days to defend himself

    The Economic and Financial Crimes Commission (EFCC) has queried the sources of inflows into the accounts of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen.

    It also said its investigation of the CJN indicated that the inflows “are not typical of the financial transactions of a public servant.”

    The anti-graft agency asked the National Judicial Council (NJC) to consider its petition against Justice Onnoghen and asked him to defend himself.

    Although the EFCC is still conducting more investigation on Justice Onnoghen, it forwarded a preliminary report to the NJC for consideration.

    It was gathered that the decision of the NJC will guide the next action on the suspended CJN.

    It was learnt that once the suspension of the CJN is ratified by the NJC or if Justice Onnoghen is asked to proceed on retirement, the EFCC will be at an advantage to grill him.

    But in its petition, the EFCC  said its investigation confirmed suspicious payments into the CJN’s accounts. Such funds  include  $30,000 allegedly paid by a Senior Advocate of Nigeria, Mr. Joe Agi, who was quizzed last week.

    It said the sources of inflows into some of the CJN’s accounts were questionable.

    “From the investigation conducted so far, it is possible that the payments into the various accounts might be bribes. This is because the sources of the inflows into his accounts other than the salary account in Union Bank of Nigeria Plc are unknown and probably fraudulent, and the nature of the transactions (including structured payments) is not typical of the financial transactions of a public servant.

    The preliminary investigation report on Justice Onnoghen reads: “An Intelligence Report that the above mentioned subject was alleged to be involved in a number of bribery and corrupt activities.

    “Upon receipt of the Report, a preliminary investigation was conducted during which the following actions were carried out.

    • A request was sent to the Nigeria Financial Intelligence Unit (NFIU) for a report on the suspect;
    • A letter of investigation activities was sent to Standard Chartered Bank, Union Bank and Heritage Bank to provide the statements of accounts of the suspect;
    • A BVN search through the NIBSS platform was conducted on the suspect and six (6) more accounts were found to be linked or connected to the suspect;
    • The statements of accounts of the suspect were analysed and further to that, a letter was written to Standard Chartered Bank requesting for additional information on suspicious activities in the account.

    In the report to the NJC, the EFCC gave the details of how cash was remitted into the dollar, pound sterling, Euro and Naira accounts

    The summary of the EFCC’s findings is as follows:

    Standard Chartered Bank USD ($) Account:

    • The balance as at September 19, 2016 is $134,525.40;
    • The turnover in the account from October 2012 to September 2016 is $1,922,657.00

    “The following highlights some of the suspicious activities in the account.

    • Pattern of structured payments of $10,000.00 each in 2012. For example, a total of $630,000.00 was credited to the accounts using this pattern.
    • Similarly structured payments of $10,000.00 amounting to $297,800.00, $50,000.00 and $36,000.00 were deposited in the account in 2013, 2015 and 2016 respectively;
    • There was also a credit of $121,116.00 into the account from 2014 to 2016 from Life Friend Plc. The payments were in four installments, of $30,279.00 each. These payments suggest the suspect has investments;
    • A payment of $482,966.00 from Alicia Redemption Pro and shortly after, $800,000.00 was invested in SCB Investment Subscription. We are in the process of verifying these transactions;
    • Other suspicious transactions in the account are credit of $19,764.00 from Pur of Noble and seven (7) payments of $3,250.00 each amounting to $22,750.00 from Lloyds TSB.

    On the operation of the Pound Sterling account by the CJN, the EFCC added as follows: (a.) The balance as at September 30, 2016 was £108,348.00; (b). The turnover in the account from 2012 to September, 2016 was £138.439.00;

    “The following highlights some of the suspicious activities in the account: (1) There was a self -transfer of £40,268.40 into the  account on May 31, 2016;  (2) There were also self-deposits by the suspect of £49,760.00 from July 2015 to September, 2016,” the report added.

    On the Naira account in SCB, the EFCC put the “current balance as at December 18, 2013 was  N1,276,024.65;

    It said: “There was a turnover of N4,462,000.00 from 2011 to December, 2013.”

    “The following highlights some of the suspicious activities in the account:  A transfer of N41,262.000.00 ($260,000) was made from the Dollar account. The money was used to make payment of N41million to Ad hoc Committee on the Sale of Federal Government Houses, suggesting that he bought a property with proceeds of the transfer;

    “The only other significant transactions in the accounts are six (6) structured cash payments of N500,000.00 each and one payment of N700,000.00 amounting to N3.7mlllion from November, 2013 to August, 2016.

    Regarding the Euro account, the report said “turnover in the account from 2013 to September 2016 was €55,154.00 and the  balance as at September 30, 2016 was €55,154.00;

    “There were no significant transactions in the account from 2013.

    Concerning the CJN’s separate Naira Account (Salary Account) in Union Bank, the report claimed that  “the balance as at October 10, 2016 was  N22,510,636.27 although the turnover in the account from September, 2005 to October, 2016 was N91,962.362.49;

    “His salary in 2005 was N240,202.20 and it rose to  N751,082.3 in February 2008. The salary remains within this range till date;

    “He did not spend from the salary account from March 2015 to October 2016. The salary and allowances accumulated to N22,520,636.27 in October 2016 from N6,132 885.24 in March of same year.”

  • EFCC: Patience Jonathan’s ally Shagaya’s account lawfully frozen

    THE Economic and Financial Crimes Commission (EFCC) has told the Federal High Court in Lagos that it lawfully froze the account of a businesswoman and socialite, Hajiya Bola Shagaya.

    It prayed the court to dismiss her application seeking to unfreeze it.

    Besides, EFCC said Shagaya, an ally of ex-First Lady Dame Patience Jonathan, allegedly frustrated its efforts to conclude investigations on a suspicious Unity Bank account with a balance of over N1.9 billion.

    The commission said it invited the woman but she refused to honour it.

    This, EFCC said, made it difficult “to conclude investigation and file a charge against her”.

    An operative, Oghare Ogbole, in a counter-affidavit opposing Shagaya’s suit, justified the “No Debit Order” placed on the account.

    Justice Muslim Hassan made the interim freezing order on December 29, 2016.

    The businesswoman filed an application urging the judge to vacate it.

    She said she was denied fair hearing.

    But, EFCC claimed that the N1.9 billion found in the Unity Bank account was the balance of a total of N3,305,150,000, which Shagaya received as “founder fees” on behalf of an organisation, “Women for Change”, which is being spearheaded by Mrs. Jonathan.

    The EFCC claimed that the N3.3 billion was realised through Shagaya’s “fraudulent activities in the Nigerian National Petroleum Corporation,” where she allegedly “influenced the fraudulent allocation of Dual Purpose kerosene to Index Petrolube Africa Ltd., with the aid of the former First Lady”.

    According to the EFCC, the N3.3 billion was paid by Index Petrolube Africa Ltd and its sister company, Autodex Nigeria Limited.

    The two companies, it said, belong to one Honourable Ezeani ThankGod, adding that the reason for the N3.3 billion payment was to “fraudulently facilitate Dual Purpose Kerosene to ThankGod’s company, Index Petrolube Africa Ltd”.

    The anti-graft agency claimed that out of the N3.3 billion, Shagaya had “paid a cumulative sum of N1,212,000,000 to the former First Lady, Mrs. Dame Patience Jonathan, through her account, ‘Women for Change Initiative’ account domiciled in Diamond Bank, to which the former First Lady is the sole signatory”.

    It said after paying N1.2 billion to Patience, Shagaya kept the balance of N1.9 billion for herself by “warehousing” same in her personal bank account in Unity Bank.

    The EFCC said it was on this basis that it secured an order of Justice Muslim Hassan of the Federal High Court in Lagos on December 29, 2016 to freeze the account.

     

  • N29.5b Bazaar: EFCC detains ex-Skye Bank chair Ayeni

    •Bank chief allegedly blew amount on Alamieyeseigha, Aso Villa, others •Offers to refund N15b in one month

    A former Chairman of the liquidated Skye Bank, Mr. Tunde Ayeni, is back in the custody of the Economic and Financial Crimes Commission (EFCC) for allegedly diverting and spending about N29.5billion depositors’ cash without justification.

    Ayeni is alleged to have disbursed about N3billion of the sum to a former governor of Bayelsa State, the late Chief Diepreye Alamieyeseigha for “protecting the bank from attacks by militants.”

    However, EFCC detectives investigating him suspect that the N3billion was a bribe for some power brokers in the administration of ex-President Goodluck Jonathan to facilitate the acquisition of Mainstream Bank by Skye Bank.

    Detectives claimed that about N275 million of the sum in question was taken in cash to the Presidential Villa for disbursement to such power brokers.

    Ayeni is yet to provide the list of the beneficiaries of the cash although part of it has been traced to some of Ayeni’s companies and associates.

    Sources familiar with the investigation said about N1.250billion was moved to Royaltex Paramount Ventures Limited and re-routed to Ibadan Electricity Distribution Company.

    An administrative officer in one of the companies belonging to Ayeni is a director of Royaltex Limited.

    Ayeni’s current probe, The Nation gathered, is different from his ongoing trial for illegal withdrawals from the bank.

    Documents seen by The Nation show that the N29.5billion depositors’ funds were allegedly misappropriated between October 6, 2014 and February 24, 2016.

    A top source, speaking on the matter, confirmed Ayeni’s detention.

    He said: “We have detained Ayeni again in the last 72 hours for allegedly fiddling with depositors’ funds in the defunct Skye Bank.”Detectives have been grilling him on about N29.5billion depositors’ funds he distributed to some people, his companies and associates.

    “It is nothing personal, we acted on a petition to EFCC from the management of Skye Bank now Polaris Bank.

    “The management, in its letter alleged that he misappropriated the N29.5billion as the Chairman of the bank. He allegedly bled the bank to death in two years (2014 to 2016).

    “It is also a well-known fact that the Minister of Finance and the Nigeria Deposit Insurance Corporation (NDIC) declared that some of the directors of the failed bank will be investigated and prosecuted if guilty of infractions.

    “It is not a political witch-hunt but a probe of how Skye Bank was run down.”

    Elaborating, the source said: “of the N29.5b mismanaged, he allegedly personally laundered about N24billion.

    “That is, he directly disbursed it, including funds in suspense account that should not be touched. He used the system to disburse the balance.

    “He admitted on oath that about N3billion was remitted to Control Dredging Company Limited which was disbursed to ex-Governor DSP Alamieyeseigha.

    “Also, N1.250billion was moved to Royaltex Paramount Ventures Limited from a suspense account of the Skye Bank to Ibadan Electricity Distribution Company where he is one of the shareholders. His administration officer is a director in Royaltex.

    “There is another alleged diversion of $7.5million which was routed through one of his companies.

    “Another huge money (depositors’ funds) was changed to $5million at an investment company/ Bureau De Change on September 22, 2014 for personal use.”

    The source added: “When we analysed the disbursement, about N275million cash was ferried to the Presidential Villa on October 30, 2014 for unknown purposes. Ayeni has not named the beneficiaries of the cash hauled to the Villa.

    “When confronted or asked about how he disbursed the N3billion, his response in writing was that he gave a chunk to Alamieyeseigha who claimed to have protected  the company from attacks.

    “But detectives suspect that the sum might have been a bribe to some top government officials to assist Skye Bank to acquire Mainstream Bank.”

    In one of the documents seen by The Nation, Ayeni said: “I advanced the N3billion for the bank. I told the bank and it decided to refund it to me.”

    Sources also said Ayeni had made a commitment to EFCC to pay back N15billion within a month.

    He was quoted to have said as follows: “I still stand by the resolve to pay the N15billion if given time to raise the money or sell part of my shares in NATCOM Development and Investment Limited to the tune of N15billion to resolve this problem.”

    The EFCC also said Ayeni has offered to sell his shares in Ntel too to be able to refund the alleged misappropriated funds.

    “He has agreed with the EFCC to look for stockbrokers who can evaluate his shares in the two companies to fetch him N15billion.

    “Ayeni will remain in custody until there is a substantial commitment from him to refund the misappropriated funds,” another source said.

     

  • EFCC denies deal to exclude ex-Customs chief Dikko from prosecution

    The Economic and Financial Crimes Commission (EFCC) has denied being part of any deal to exclude former Comptroller-General of Customs, Abdullahi Dikko Inde, from criminal prosecution for fraud and money laundering.

    The anti-graft agency made the clarification in its notice of preliminary objection in a suit filed by Inde, in which the ex-Customs chief claimed to have entered an agreement with the EFCC to refund about N1.6 billion to Federal Government coffers, after which he would be excluded from prosecution.

    Lawyer to Inde, Mahmud Magaji (SAN), while arguing his client’s counter-affidavit to EFCC’s objection on Thursday, contended that it was a breach of an existing agreement and contract for the agency to seek to prosecute the ex-Customs chief after he has kept to his side of the bargain and made a huge refund to the government.

    Magaji also faulted EFCC’s claim that the suit was wrongly commenced by way of origination summons.

    He argued, that, contrary to EFCC’s contention, facts in the case were not contentious. He added that the issue involved in the case was simple.

    Mahmud said: “Our case is simply about the interpretation of Section 174 of the Constitution and Section14(2) of EFCC Act, and no more.

    “Our decision to bring this action by way of an originating summons is the appropriate position. There is no hostility in the whole case.

    “Our client was to be prosecuted for financial crimes. When he was invited, he was confronted by information the EFCC said it has against him by virtue of its investigation activities.

    “He (Inde) was confronted with the option of entering into a refund agreement or be prosecuted. He agreed to a refund, and made the refund in several tranches.

    “At every payment, we ensured that we got evidence of payment from the bank,” Magaji said.

    He identified the evidence of payment as reflected in some court documents marked as Exhibit 1 to 20D, and said “these are the evidences of the refund we made.”

    When asked by the judge, Justice Nnamdi Dimgba, about where the said agreement was reached, Magaji said a meeting was held at the instance of the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami.

    Magaji added that after the agreement was reached by parties, an official of the EFCC, who he identified as Hajeed (who was the IPO in the case) provided an account number into which his client (Inde) made all the refund he made.

    He added: “We have fulfilled our side of the agreement. It is for the EFCC to fulfil its own side of the agreement, by complying and allowing things to settle

    “We are asking that under Section 174 of Constitution and Section 14(2) of EFCC Act, the EFCC is not bound by this agreement.

    “We are asking this court to enforce this agreement on them. They should be bound by the agreement,” Mahmud said.

    In a counter-argument, EFCC’s lawyer, Chile Okoroma, urged the court to decline jurisdiction over the suit because it was wrongly instituted.

    Okoroma argued that the case was brought under the originating summons rule when facts in the suit are disputed.

    He added: “They said they made some payments by agreement and we said no, we are not aware of any payment.

    “They claimed Magu (EFCC’s Acting Chairman, Ibrahim Magu) was part of the agreement, but we said no. We do not know anything about the agreement they claimed to have with the AGF.

    “These are triable issues. There are contentious facts and we say, we need those disputed facts to be resolved by calling oral evidence. That is our ground of objecting to the suit.

    Before entertaining arguments from the two lawyers, Justice Dimgba observed that while there was evidence that  the AGF was aware of the case and had been served all documents relating to it, the AGF has not filed any process in response to the case since it was commenced last year.

    In a ruling, Justice Dimgba upheld EFCC’s objection in part.

    The judge agreed that facts were contested by parties and ordered them to file pleadings.

    He said: “Having reviewed the processes filed, I am of the view that the suit was wrongly commenced. The facts are so hostile. Parties are to file pleadings.

    The judge adjourned to March 1 this year.

  • EFCC accuses 10 banks of money laundering

    The acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, yesterday, accused 10 unnamed commercial banks of money laundering.

    He also condemned the increasing wave of illicit financial flows and vote buying in the country during elections.

    Speaking in Lagos during a round table meeting with Managing Directors (MDs) of financial institutions, the EFCC boss said: “It is worrisome to note that in 2018, statistics available to the EFCC shows that out of about 28 commercial banks in Nigeria, 10 banks evacuated out of Nigeria through Travelex Nigeria Limited, the sums of GBP £50,832,560; USD $8,057,756; EURO #39,986,560 and RAND-7,500,000.

    “The reasons for these evacuations are still sketchy. We must note that the impact of illicit financials flows from the country undermine the stability and integrity of the financial institutions.”

    The EFCC boss expressed concern, that, the culture of large cash transactions was still being allowed in some banks, adding that there was no commensurate reporting of those transactions to the relevant agencies.

    According to him, the banks still operate accounts without Bank Verification Numbers (BVNs), and have remained complacent in reporting those accounts to the relevant authorities, or freezing them in accordance with CBN policy.

    “The banks are rather complacent in dealing with crypto-currency or bitcoins as the case may be and have not taken measures to monitor such transactions or put adequate surveillance on such accounts. The banks are observed to still hold customers accounts in their suspense accounts, making it difficult for law enforcement agencies to trace and have access to those funds,” he observed.

    According to him, intelligence reports have shown, that, banks are aiding their customers to receive foreign financial inflow to their accounts in neighbouring countries, where they have branches like Ghana, Republic of Niger and other West African countries.

    “The money is then couriered into Nigeria through the land borders to circumvent declaration and reporting,” he stated.

    He added that banks had the habit of under-reporting transactions in some cases while carrying out defensive filing of transactions after they had been consummated.

    Describing them as “gatekeepers”, Magu said no country could control illicit financial flows without the cooperation of financial institutions.

    He, therefore, charged the managing directors to join hands with the Commission to save the country from being hijacked by criminals.

    Magu, who spoke on the theme: “Roles and Obligations of Managing Directors of Banks in Nigeria in Curbing Vote Buying During an Election, Illicit Financial Flows and Other Related Matters in Nigeria,” recalled that the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, during a meeting with Bankers’ Committee, sometime in September 2018, made a commitment to work with the EFCC and the banks to curb this menace.

    He said illicit financial flows will reduce the amount of resources available to the government to provide critical social services to the citizenry.

    Speaking on vote buying during elections, Magu asserted that it would prevent credible candidates from running for political offices.

    He said: “in Nigeria, vote buying has reached an alarming proportion, to the extent that politicians have now spread their tentacles to election officials, security agencies, election observers and even the media.”

  • Court acquits Ladoja of N4.7bn fraud charge, slams EFCC

    The Federal High Court in Lagos yesterday acquitted former Oyo State Governor Chief Rashidi Ladoja of the N4.7billion fraud charge filed against him by the Economic and Financial Crimes Commission (EFCC) 11 years ago.

    Justice Mohammed Idris held that the commission did not prove the case beyond reasonable doubt.

    He said the prosecution, led by Festus Keyamo (SAN), who handed over to his junior, Olabisi Olufemi, failed to prove a single ingredient of the 11-count charge.

    Justice Idris, who was elevated to the Court of Appeal last June but concluded the trial through a fiat, found Ladoja and his co-accused not guilty in all the counts.

    He faulted the prosecution’s handling of the case, saying that the EFCC shielded the main culprits from prosecution, while meting out “absolute injustice” to the defendants.

    Justice Idris was the third judge to adjudicate on the case after Justices I.M Sanni and A.R. Mohammed.

    The case went up to the Supreme Court due to interlocutory appeals filed by Ladoja.

    The EFCC last November 5 re-arraigned Ladoja following an amendment of the charge.

    He was charged with his former Commissioner for Finance Waheed Akanbi on 11 counts of money laundering and unlawful conversion of N4.7billion state funds.

    In the amended charge, the EFCC said Ladoja “compelled” a broker to sell the state’s shares and converted the money to personal use instead of remitting N1.9billion realised from the sale to the state.

    Justice Idris held that the prosecution’s evidence was full of inconsistencies.

    “The prosecution was not consistent in the amount of money allegedly missing in the sale of Oyo State’s shares. These contradictions were not explained during the trial,” the judge noted.

    According to him, the EFCC’s witnesses failed to provide credible evidence in the course of trial.

    “The highest burden of proof before getting to ‘beyond reasonable doubt’ is of course clear and convincing evidence. The case of the prosecution is too low on credible evidence.

    “The failure on the part of the prosecution to prove even one count of several ingredients of an offence means it has failed to prove the guilt of the offence beyond all reasonable doubt,” Justice Idris held.

    He said the EFCC called witnesses who he said ought to have been charged with the alleged offence.

    To Justice Idris, the Federal Government cannot win the fight against corruption by shielding the corrupt.

    His words: “I must state that this country cannot sustain the fight against corruption in the manner in which this case has been prosecuted, where those that should be proper defendants to the case are shielded away from prosecution and kept away from facing the law. This is unacceptable. This is injustice. And this court will not partake in injustice.

    “There is no doubt that corruption affects us all. It threatens sustainable economic development, ethical values and justice. Corruption distabilises society and endangers the rule of law. Therefore, there is a need for a fair and just prosecution of criminal cases in the fight against corruption.

    “Prosecutors in this fight must be committed to promoting a justice system founded in fairness, equity, compassion and responsibility.

    “In the light of all I have said, I find that the prosecution has not established counts 1 to 11 against the defendants herein beyond reasonable doubts.

    “I am unable, in the circumstances, to find any of the defendants guilty on any or all of the counts as charged. The first and second defendants are, therefore, hereby discharged and acquitted on all counts.”

  • EFCC denies deal to exclude Dikko from prosecution

    The Economic and Financial Crimes Commission ( EFCC ) has denied being part of any deal to exclude former Comptroller-General of Customs, Abdullahi Inde Dikko from criminal prosecution bothering on fraud and money laundering.

    EFCC made the clarification in a notice of preliminary objection it filed in a suit by Dikko, in which the ex-Customs chief claimed to have entered an agreement with the EFCC to refund about N1.6billion to Federal Government’s coffers, following which he would excluded from prosecution.

    Lawyer to Dikko, Mahmud Magaji (SAN), while arguing his client’s counter-affidavit to EFCC’s objection on Thursday, contended that it was a breach of an existing agreement and contract for EFCC to seek to prosecute the ex-Customs chief after he has kept to his side of the bargain and made huge refund to the government.

    Magaji also faulted EFCC’s claim that the suit was wrongly commenced by way of origination summons.

    He argued that, contrary to EFCC’s contention, facts in the case were not contentious. He added that the issue involved in the case was simple.

    Mahmud said: “Our case is simply about the interpretation of Section 174 of the Constitution and Section14 (2) of EFCC Act, and no more.

    “Our decision to bring this action by way of an originating summons is the appropriate position. There is no hostility in the whole case.

    “Our client was to be prosecuted for financial crimes. When he was invited, he was confronted by information the EFCC said it has against him by virtue of its investigation activities.

    “He (Dikko) was confronted with options of either to enter a refund agreement of be prosecuted. He agreed to a refund. And made refund in several tranches.

    “At every payment, we ensured that we get evidence of payment from the bank,” Magaji said.

    Read Also: EFCC denies deal to exclude ex-Customs chief Dikko from prosecution

    He identified the evidence of payment as reflected in some court documents marked as Exhibit 1 to 20D, and said “these are the evidence of the refund we made”

    When asked by the judge, Justice Nnamdi Dimgba, about where the said agreement was reached, Magaji said a meeting was held at the instance of the Minister of Justice and Attorney General of the Federation (AGF).

    Magaji added that after the agreement was reached by parties, an official of the EFCC, who he identified as Hajeed (who was the IPO in the case), provided an account number into which his client (Dikko) made all the refund he made.

    He added: “We have fulfilled our side of the agreement. It is for the EFCC to fulfil its own side of the agreement, by complying and allowing things to settle

    “We are asking that under Section 174 of Constitution and Section 14(2) of EFCC Act, the EFCC is not bound by this agreement.

    “We are asking this court to enforce this agreement on them. They should be bound by the agreement,” Mahmud said.

    In a counter-argument, EFCC’s lawyer, Chile Okoroma urged the court to decline jurisdiction over the suit because it was wrongly instituted.

    Okoroma argued that the case was brought under the originating summons rules when facts in the suit are disputed.

    He added: “They said they made some payments by agreement and we said no, we are not aware of any payment.

    “They claimed Magu (EFCC’s Acting Chairman, Ibrahim Magu) was part of the agreement, but we said no. We do not know anything about the agreement they claimed to have with the AGF.

    “These are triable issues. There are contentious facts and we say, we need those disputed facts to be resolved by calling oral evidence. That is our ground of objecting to the suit.

    Before entertaining arguments from the two lawyers, Justice Dimgba observed that while there was evidence that the AGF was aware of the case and had been served all documents relating to it, the AGF has not filed any process in response to the case since it was commenced last year.

    In a ruling, Justice Dimgba upheld EFCC’s objection in part.

    The judge agreed that facts were contested by parties and ordered them to file pleadings.

    He said: “Having reviewed the processes filed, I am of the view that the suit was wrongly commenced. The facts are so hostile. Parties are to file pleadings.

    The judge adjourned to March 1 this year.

  • BREAKING: Court acquits Ladoja of N4.7b fraud case

    Justice Mohammed Idris on Friday acquitted former Oyo State Governor Chief Rashidi Ladoja over alleged N4.7billion fraud.

    The judge delivered judgment in the trial.

    He faulted the prosecution’s case, saying it was full of contradictions.

    He said the case was badly prosecuted.

    The judge said EFCC’s case lacked credible evidence and that the prosecution’s case was full of contradictions.

    Justice Idris held that the prosecution failed to prove a single ingredient in the 11-count charge.

    “The court found the defendants not guilty,” the judge held in 11 counts.

    He started reading the judgment at about 10am at the Federal High Court in Lagos.

    He began by announcing that the judgment was up to 250 pages, but that he would skip some aspects.

    “I examined 914 tendered documents forensically,” he said.

    “If have to read the entire judgment, we’ll leave here by 6pm. So I’ll skip some.”

    The 11-year-old case was filed in 2008.

    Justice Idris is the third judge to handle the case after Justices I. M. Sanni and A. R. Mohammed.

    Twelve witnesses were called in the course of the trial, six each by the prosecution and defence.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Ladoja last November 5 following an amendment to the charge.

    The case went up to the Supreme Court due to interlocutory appeals filed by Ladoja.

    Ladoja was re-arraigned along with his former Commissioner for Finance Waheed Akanbi on 11 counts of money laundering and unlawful conversion of public funds.

    In the amended charge, EFCC added that Ladoja allegedly “compelled” a broker to sell the state’s shares.

    EFCC alleged that the former governor allegedly did not remit N1.9billion realised from the sale of the shares.

    The prosecution and the defence adopted their final written addresses and made closing arguments on January 21.

    Justice Idris, who was elevated to the Court of Appeal, concluded the trial through a fiat.

    EFCC accused the defendants of converting N1,932,940,032.48 belonging to Oyo to their personal use through the Guaranty Trust Bank account of a company, Heritage Apartments Limited, despite knowing that it was proceed of crime.

    The prosecution said Ladoja removed £600,000 from the state coffers in 2007 and sent it to Bimpe Ladoja in London.

    Ladoja also allegedly bought an armoured Land Cruiser jeep with N42million for himself using public funds.

    EFCC said he converted N728,600,000 and another N77,850,000 at different times in 2007, and allegedly transferred N77, 850,000 to Bistrum Investments, which he nominated to help him purchase a property named Quarter 361 in Ibadan, Oyo State capital.

    The alleged offence, EFCC said, contravenes sections 17(a) and18 (1) of the Money Laundering (Prohibition) Act, 2004, punishable under sections 14(1), 16(a) (b) and 18(2).
    Ladoja and Akanbi pleaded not guilty.

    Ladoja was governor from May 29, 2003 to January 12, 2006 when he was impeached. On November 1, 2006, the Appeal Court Ibadan, declared the impeachment null and illegal.

    The Supreme Court upheld the decision on November 11, 2009, and Ladajo resumed office on December 12, 2006. He, however, lost a re-election bid.

  • Pilot in court over alleged N91m fraud

    *Gets N50m bail

    The Economic and Financial Crimes Commission (EFCC) has arraigned a pilot, Mamman Ali Ibrahim, before Justice A. I. Kutigi of the High Court of the Federal Capital Territory in Gwagwalada, Abuja on a two-count charge of the offence of criminal breach of trust.

    The EFCC, in a statement issued on Friday by its spokesman, Tony Orilade, said Ibrahim serves as a pilot, in charge of Air Ambulance Aviation Unit and Helicopter Emergencies Service, at the National Emergency Management Agency (NEMA).

    It is the prosecution’s claim that Ibrahim allegedly diverted over N91 million, money meant for the maintenance of the fleets, including Airbus, Air ambulance and the Helicopter.

    Orilade said: “His journey to the dock on February 7, 2019, followed a petition to the office of the Vice President, which was forwarded to the office of the acting EFCC Chairman, for investigation.

    “Investigations revealed that Ibrahim commercialised both the ambulance and the helicopter.

    Read Also: Court issues bench warrant for ex-NIA DG Oke, wife

    “He, however, claimed that the directive to commercialise them came from the office of a former vice president and a former Accountant General of the Federation.

    “Further investigations also revealed that the total sum of N285 million was realized from the commercialisation of the aircraft, while N63 million was paid to the AGF.

    “It was also gathered that N11 million was paid to NEMA, while the balance was yet to be accounted for.

    “According to the petition, over N4million was paid into the account of Aerocare West Africa Limited, a company belonging to the defendant, which he transferred to his family members.

    “One of the counts reads in part: ‘That you, Mamman Ali Ibrahim, whilst being employed in the public service and serving as a pilot in charge of Air Ambulance Aviation Unit and Helicopter Emergencies Services with the National Emergency Management Agency, NEMA, between 2014 and 2015, at Abuja within the jurisdiction of this Honourable Court, while being entrusted with dominion over money, to wit, the sum of N64,550,810 (Sixty Four Million, Five Hundred and Fifty Thousand, Eight Hundred and Ten Naira) only, being part of the proceeds realized from the commercialization of the aircraft belonging to NEMA.’

    Orilade said Ibrahim pleaded not guilty to the charge when the counts were read to him.

    He added: “In view of his plea, prosecuting counsel, Deborah Ademu-Eteh, asked the court for a trial date.

    “Defence counsel, Aduojo Abah, however, moved the motion for the bail of his client.

    “Ademu-Eteh opposed the application, urging the court to “consider the severity of the punishment and the character of the evidence before the court”.

    “After listening to all the arguments, Justice Kutigi granted him bail in the sum of N50 million with one surety in like sum. The surety being a public servant not lower than level 14, must be a resident within the jurisdiction.

    “The case has been adjourned to April 10, 2019, for trial.“