The Nation Newspaper

Tag: EFCC

  • We’ve recovered N527b through whistleblowing, says EFCC

    THE Economic and Financial Crimes Commission (EFCC) has recovered over N527 billion in two years through the Federal Government’s whistleblowing policy.

    Its Acting Chairman, Ibrahim Magu, stated this yesterday at a Southsouth town hall meeting on whistleblowing and the fight against corruption in Port Harcourt, the Rivers State capital, by African Centre for Media and Information (AFRICMIL), in partnership with Social Development Integrated Centre (Social Action).

    Magu, who was represented at the event by the commission’s official, Usman Mukhtar, said the agency within the period under review also recovered $53 million as well as over 122,000 pounds.

    He added that the amounts  were recovered following  the Federal Government’s whistleblowing policy.

    He said: “More successes are being made and the response by members of the public to the policy has been very encouraging.

    “The government’s  whistleblowing policy was introduced  in 2016 and  is geared towards fraud detection, tracking and reporting to appropriate agencies and to  enable patriotic citizens report criminal acts such as mismanagement or misappropriation of public funds and assets, like properties and vehicles; financial malpractice or fraud; collecting / soliciting bribes; corruption; diversion of revenues; unapproved payments; splitting of contracts; procurement fraud; kickbacks and over-invoicing.”

    Magu explained that the policy gave avenues for patriotic Nigerians to report criminal acts, which were inimical to the country’s growth.

    Read also: Divine escape

    He, however, noted some challenges affecting the effectiveness of whistleblowing policy as including poor legislation, the security of whistleblowers and those intending whistleblowers.

    The Acting EFCC Chairman explained that the fear of victimisation or attacks of whistleblowers in their places of work were being addressed by the Whistleblower Protection Act passed by the National in 2017.

    “The Act provides that “a person who makes a disclosure shall not be subject to victimisation by his or her employers or by fellow employees.

    “Additionally, a person who makes a disclosure has the right to take legal action, if he or she is victimised, dismissed, suspended, declared redundant, transferred against his or her will, harassed or intimidated in any manner.”

    Assistant Director, Presidential Initiative on Continuous Audit, Ministry of Finance Johnson Oludare explained why recovered looted funds were not immediately reinjected into the economy.

    He stated that until a final forfeiture order is obtained from a court of competent jurisdiction, nobody can disburse the funds.

    He said: “Not all the monies that we have been able to recover can be disbursed into the economy because of the legal hurdles that must be fully concluded. If funds are under interim forfeiture and the matter concerning that fund is not concluded in court, we cannot disburse it.

    “But for some funds that the legal hurdles have been crossed, we have put into the economy through the budget in the form of inflows.”

  • 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.

    EFCC made the clarification in a notice of preliminary objection it filed in a suit by Inde, 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 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 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 Section 14(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.

    Read Also: Whistleblowing policy yields N527b – EFCC

    “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 options of either to enter a refund agreement or 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.

    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, aboutwhere 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 (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 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 uphled 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.

  • Updated: Fayose: Judge threatens to order Obanikoro’s arrest

    Justice Mojisola Olatoregun of the Federal High Court in Lagos on Thursday threatened to order the arrest of former minister of State for defence Senator Musiliu Obanikoro for being absent.

    The absence of Obanikoro, who is testifying for the Economic and Financial Crimes Commission (EFCC) in the trial of former Ekiti State Governor Ayo Fayose, stalled the continuation of his cross-examination.

    EFCC lawyer Rotimi Jacobs (SAN) said Obanikoro took ill and was admitted.

    “I called him on Wednesday to notify him about today’s proceedings.

    “He said he thought he would be discharged on Wednesday (when the court did not sit).

    “This morning, I couldn’t reach him on phone. But his Special Assistant came and informed me that Obanikoro was in the hospital receiving treatment,” he said.

    When the judge asked for a medical report, Jacobs submitted one given him by Obanikoro’s aide.

    But the judge appeared unconvinced by the report.

    She said Obanikoro had a civic obligation to be in court to continue with his testimony.

    “If I want to pursue it, the medical doctor may lose his license for issuing this report. But I will accept this because you (Jacobs) are a responsible member of the inner bar,” she said.

    Fayose’s lawyer Mr Ola Olanipekun (SAN) said he would have applied for a bench warrant for Obanikoro’s arrest but urged the judge to send a clear warning to the witness.

    Justice Olatoregun she said she would not hesitate to order Obanikoro’s arrest should he fails to appear at the next adjourned date.

    “If he fails to appear, he’ll be sent to jail and they’ll be bringing him from there with Black Maria,” the judge said.

    In a short ruling, the judge said he would give Obanikoro the benefit of the doubt.

    She added that she hoped he would be in court next time, failing which she would have “no choice” than to order his arrest.

    Earlier, Jacobs and counsel for Spotless Limited, Fayose’s co-accused, Mr Olalekan Ojo (SAN), addressed the judge on whether a statement made by the late Justin Erukaa, Obanikoro’s associate, could be tendered.

    Ojo said the statement was relevant to the case because Erukaa made the statement in the course of the investigation.

    “In law, the first litmus test of admissibility is relevance. Obanikoro said in his testimony that he sent Erukaa on errands, including to collect over $1million and that he came to meet him in Ekiti.

    “In law, a statement made to the EFCC in the course of investigation is admissible in evidence without the maker being called as witness or being a party to proceedings.

    “It is not the law that a document which is not tendered through the maker is not admissible,” the SAN said, relying on sections 39 and 83 of the Evidence Act.

    But, Jacobs opposed Ojo’s bid to tender the statement, arguing that it was not admission in law.

    Read Also: Obanikoro: no record of cash collected from Dasuki for Fayose

    He said the sections relied on by Ojo were not application in the circumstances.

    “He wants to smuggle the statement in,” he said.

    According to Jacobs, certain conditions must be met before a statement made by a dead person could be tendered, including that the person must have appeared in the proceedings.

    Fayose is on trial for allegedly receiving and keeping N1.2billion and $5million allegedly stolen from ONSA contrary to the Money Laundering Act.

    He had pleaded not guilty when he was arraigned on an 11-count charge last October 22.

    EFCC said Fayose and Biodun Agbele, who is facing a different charge, allegedly took possession of N1, 219,000, 000 on June 17, 2014 to fund the former governor’s 2014 gubernatorial campaign.

    The commission said Fayose “reasonably ought to have known” that the money “formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing.”

    EFCC said Fayose, on the same day, received cash payment of $5million from Obanikoro, without going through a financial institution, the sum having exceeded the amount authorised by law.

    Fayose pleaded not guilty.

    Justice Olatoregun adjourned until February 18, 19 and 20 for ruling and continuation of trial.

     

     

  • Breaking: Court orders arrest of ex-NIA DG Oke, wife

    The Federal High Court in Lagos on Thursday ordered the arrest of former National Intelligence Agency (NIA) Director-General Ambassador Ayodele Oke and his wife Folasade.

    Justice Chukwujekwu Aneke made the order following an application by the Economic and Financial Crimes Commission (EFCC).

    Read Also: Court strikes out Evans’ N1b suit against police

    Prosecuting counsel Rotimi Oyedepo told Justice Aneke that the defendants could not be found.

    He said the couple also refused to pick calls from EFCC operatives.

    “This application is not without merit,” the judge ruled.

    Details soon…

  • EFCC unable to serve ex-NIA chief Oke, wife with charge

    THE Economic and Financial Crimes Commission (EFCC) yesterday told the Federal High Court in Lagos that it was unable to serve former National Intelligence Agency (NIA) Director-General Ambassador Ayodele Oke and his wife, Folasade, with the money laundering charge filed against them.

    Prosecuting counsel Rotimi Oyedepo told Justice Chukwujekwu Aneke that the defendants were still outside the court’s jurisdiction.

    “We are having issues with service of the charge,” Oyedepo said.

    According to him, the commission made unsuccessful efforts to reach Oke and his wife.

    “We have gone to their known addresses, but could not find them to be able to serve them with the charge,” Oyedepo said.

    He noted that the Administration of Criminal Justice Act (ACJA) empowers the judge to make an order compelling the defendants’ appearance.

    But, Justice Aneke said he could not make any such order because the case was not yet properly before him.

    “I’ve not seen your file. It’s when I see the file that I can determine the urgency of any application.

    “I can’t exercise my discretion without seeing the efforts you’ve made on paper,” the judge said.

    He asked Oyedepo to return in 24 hours with the necessary processes.

    The defendants’ whereabouts is unknown, with reports saying they had left the country.

    Oke and his wife were charged in connection with the $43,449,947,000 found in Flat 7B, No. 16 Osborne Road, Osborne Towers in Ikoyi, Lagos.

    Justice Muslim Hassan had on June 6, 2017, granted a final forfeiture order of the funds since no one appeared before the court to claim them.

    The four-count charge against the couple was signed by Oyedepo, Nnaemeka Omewa and Idris Abubakar Mohammed.

    EFCC in the Proof of Evidence revealed how Flat 7B was bought for $1, 658,000 (N596, 880,000)

    It said one Alhaji Shehu Usman Anka will give evidence of the receipt of the sum of $1, 658,000 from the wife of the ex-NIA boss.

    The anti-graft agency also said that the agency got about $289,202,382.00 from the Central Bank of Nigeria (CBN).

    It added that one Benjamin Kiksenenso will give evidence of how he was instructed to go to the CBN to collect the $289,202,382.00.

    Justice Aneke adjourned until today.

  • EFCC arrests seven suspected internet fraudsters in Ibadan

    Operatives of the Economic and Financial Crimes Commission (EFCC), Ibadan Zonal Office, have arrested seven suspected internet fraudsters.

    A statement by EFCC’s Spokesman Mr Tony Orilade in Abuja on Tuesday listed the suspects as Ola Sam, Demeji Abiola, Segun Isaac, Oyinloye Jubril, Bamidele Adeboyega, Hassan Afeez and Sanni Muyideen.

    They were rounded up at Poly Road and Sanyo area of Ibadan, Oyo.

    According to him, their arrest followed action on a series of intelligence report linking them with various forms of internet fraud.

    Read also: Corrupt politicians colluding with bank officials to loot, says EFCC

    “They were alleged to be involved in love scam on different dating sites, through which they fraudulently obtained money from unsuspecting victims.

    “At the point of arrest, EFCC operatives recovered two different models of exotic cars, laptops, telephones and several documents containing false pretences, including international passports, and ATM cards.

    “They will be charged to court as soon as investigation is completed,” Orilade said.(NAN)

  • Corrupt politicians colluding with bank officials to loot, says EFCC

    Politicians are colluding with bank officials to engage in illicit financial flow, Acting chairman of the Economic and Financial Crimes Committee ( EFCC ) Ibrahim Magu has declared.

    He also stated looters are devising new tactics to escape being caught by the drag net of the commission.

    In a solidarity message to the 12 delegate conference of the Nigeria Labour Congress (NLC) on Tuesday, Magu said the more the commission moves to address corruption, the more those involve devise new strategies.

    He also the commission’s collaboration with foreign partners have begun to yield results, adding with the MoU signed with the United Arab Emirates, the EFCC has been able to trace several assets illegally kept there.

    Magu, who was represented by a Director in the Commission, Dr. Aminu Gusau, said: “Our various investigations, we have unearthed the collusion of bank officials and those of non-designated financial institutions with corrupt politicians in the country, which have brought about an increase in the instances of illicit financial flows into and out of Nigeria.

    “We have realised that the more we spread our tentacles far and wide, even beyond the shores of Nigeria, to catch and bring to book those who hate corruptly enriched themselves from the commonwealth, the more we are discovering the corrupt minded folks are evolving new techniques.”

    Read Also: EFCC secures 40 convictions In January

    He stated the NLC has collaborated with the EFCC at various events anti-corruption walk, among other interactive forum, strategically designed to strengthen partnership.

    He went on: “Corrupt politicians have widened the circles of their corrupt activities by investing them in other African countries, so that in the long run, they sell them and deploy ways of repatriating them to Nigeria, even in the buildup to the election.

    “But, by and by, we are also stepping up our game to combat and hip in the bud, new tactics being deployed to fraudulently divert and misappropriate funds meant for the welfare and good of all Nigerians. We have signed a Memorandum of Understanding.

    “MoU with the Economic and Organized Crime Office, in Ghana, the Ghana Financial Intelligence Centre and the Ghana police service to ensure that we keep track of such illicit inflow and outflow of suspicious funds.

    “On our part, we are keenly monitoring the movement of cash in the system, and are awake to our responsibility of ensuring provisions of the Electoral Act, 2010 are strictly adhered to, especially as it relates to election funding, and the now worrisome incidents of vote-buying.”

  • Alleged N1.4bn fraud: New judge to hear case against NBA President

    The trial of President of the Nigerian Bar Association ( NBA ), Paul Usoro, over N1.4 billion fraud, could not proceed on Tuesday before Justice Muslim Hassan of Federal High Court Lagos, following the transfer of the case to a new judge, Prof. Chuka Obiozor.

    Usoro is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a 10-count charge bordering on fraud.

    Also named in the charge, is the incumbent governor of Akwa Ibom, Gov. Emmanuel Udom, who is described in the charge as being “currently constitutionally immune from prosecution”.

    Others charged are: the Akwa Ibom State Commissioner for Finance, Nsikan Nkan; Accountant-General of Akwa Ibom State, Mfon Udomah; the Akwa Ibom State Attorney-General, Uwemedimo Nwoko and Margaret Ukpe.

    The defendants were said to be at large.

    Usoro was charged on Dec. 18, 2018 before Justice Hassan, and his plea was taken.

    Hassan had subsequently admitted him to bail in the sum of N250 million with one surety in like sum.

    The court had then adjourned the case until Feb. 5, March 5, and March 6, for continuation of trial.

    However, on Tuesday, when journalists approached the court for coverage of the trial, it was observed that the case was not on the cause list.

    On enquiry, journalists were informed that the case had been transferred to Justice Obiozor by the Chief Judge, following application to that effect.

    Meanwhile in Justice Obiozor’s Court, the case was also not itemised on the cause list, as the judge was said to be away on a workshop.

    In the charge marked FHC/418c/18, the anti graft agency alleged that the accused committed the offence on May 14, 2016.

    The commission alleged that Usoro conspired with others, to commit the offence within the jurisdiction of the court.

    He was alleged to have conspired to convert the sum of N1.4 billion, property of Akwa Ibom State Government, which sum they reasonably ought to have known formed part of the proceeds of an unlawful activity.

    The prosecution said that the unlawful activity include criminal breach of trust which contravenes the provisions of section 15 (2), 15(3), and 18 (A) of the Money Laundering (Prohibition) Act, 2011.

  • Obanikoro: No record of cash collected from Dasuki for Fayose

    The Federal High Court in Lagos Monday heard that there is no record of the N1.2billion and $5million which former Minister of State for defence, Senator Musiliu Obanikoro, allegedly delivered to former Ekiti State Governor Ayo Fayose.

    Testifying in Fayose’s trial for money laundering before Justice Mojisola Olatoregun, Obanikoro, the fifth prosecution witness, said he did not sign for the money he received from former National Security Adviser (NSA) Col. Sambo Dasuki (rtd).

    “I did not sign any records at the Office of the National Security Adviser for the monies that I collected,” he said.

    Obanikoro was cross-examined by defence counsel Kanu Agabi (SAN) (for Fayose) and Olalekan Ojo (SAN) (for Fayose’s company and co-accused Spotless Limited).

    The former minister agreed that he was also under investigation by the Economic and Financial Crimes Commission (EFCC) and that he was eventually made to return N200million out of the money he received from Dasuki.

    “I was investigated over funds disbursed through the ONSA. I was kept in EFCC custody for 21 days. I reluctantly returned the N200million cash. Some money was seized from an account related to me,” Obanikoro said.

    The witness explained how he came about using the account of Sylvan Mcnamara Limited to receive money from ONSA.

    He said Dasuki’s successor wrote a petition against him and the company alleging that they collected funds for which no contract was executed.

    “It was the NSA (Dasuki) that requested me to furnish the account. The request to furnish the account was made orally,” he said.

    Obanikoro said Dasuki told him that the account was for the purpose of transferring funds meant for the security of Lagos.

    “The account was for securing Lagos. I sourced the account from Taiwo Kareem. It remained his property. We came about the company (Sylvan Mcnamara) because they made a presentation to the ONSA and was found to have the capacity for securing Lagos,” he said.

    Asked if Sylvan Mcnamara was a security company, Obanikoro said he would not know until he saw the firm’s articles of incorporation.

    Read Also: Obanikoro: it’s painful testifying against Fayose

    “That’s the purpose it was used for (securing Lagos). The decision to qualify Sylvan Mcnamara was that of the NSA. I introduced the company to NSA and the approval was given,” he said.

    Asked what the NSA had in mind when he asked him to source for the account, he said: “The NSA wanted to protect Lagos. I deserve a medal of honour for the protection of Lagos which we did successfully.”

    On why the account appeared to be shrouded in secrecy, Obanikoro said: “Clandestine security operations don’t work the way an average person wants it to work.”

    Obanikoro admitted that some funds were transferred from the account to Rehoboth Homes, such as N74million on May 31, 2014.

    He explained that Rehoboth Homes “must have been one of the vehicles to get the dollar content to Fayose”.

    Other sums, such as N5million, were also transferred to unknown persons from the account on at least three different times.

    Agabi said: “The reason they hide the identities of the recipients is because their job is evil.”

    Obanikoro responded: “I am not an evil doer sir. When a job is for society’s good, it cannot be characterised as evil. You do not keep records for some of these transactions.”

  • Court stands down Fayose’s trial

    A Federal High Court in Lagos on Monday stood down for one hour, the fraud trial of the immediate past Governor of Ekiti, Ayodele Fayose, facing charges of N6.9 billion fraud.

    A former Minister of State for Defence, Sen. Musliu Obanikoro, who is the fifth prosecution witness, was billed by cross-examination on Monday.

    He had testified at the last adjourned date, on Jan. 21, saying that Fayose received five million dollars and some amounts of naira from the impress account of a former National Security Adviser, Col. Sambo Dasuki, in June 2014.

    Justice Mojisola Olatoregun handling the trial, rose shortly after the court began sitting to attend an official function.

    Read Also: Fayose’s core loyalists join APC in Ekiti

    She said that she would be back in an hour to continue with the case.

    The News Agency of Nigeria reports that Fayose was arraigned by the Economic and Financial Crimes Commission (EFCC) on Oct. 22, 2018, alongside a company Spotless Investment Ltd., on 11 counts.

    He, however, pleaded not guilty and was granted bail in the sum of N50 million with one surety in like sum.

    When the case was called on Monday, Mr Rotimi Jacobs, (SAN) announced appearance for EFCC, while Messrs Kanu Agabi (SAN) and Olalekan Ojo (SAN) appeared for the accused.