The Nation Newspaper

Tag: Federal High Court in Lagos

  • Court remands businessmen for allegedly duping bank N7.8b

    Court remands businessmen for allegedly duping bank N7.8b

    The Economic and Financial Crimes Commission (EFCC) Monday arraigned two oil service companies and their directors for allegedly defrauding a bank over N7billion.

    The businessmen, Ogbor Kehinde Eliot and Godwin Okoronkwo, and two firms, Danium Energy Services Ltd and Petrosol Energy Ltd, were arraigned before Justice Oluremi Oguntoyibo of the Federal High Court in Lagos.

    They pleaded not guilty.

    EFCC said they allegedly defrauded the bank of N7, 802,649,000.

    The agency said they presented forged documents to the bank after claiming to have been awarded multi-billion naira contracts by Total Nigeria Plc.

    The defendants claimed they got contracts to supply thousands of metric tons of diesel and needed funding.

    EFCC, in the charge signed by prosecuting counsel Rotimi Oyedepo, said the four, on or about October 5, last year in Lagos, with intent to defraud, conspired to induce the bank to deliver N1, 573,146,000.00. to Danium Energy Services.

    The commission said it was under the false pretense that Total Nigeria contracted Danium Energy Services to supply 10,000 Metric Tons of Automotive Gas Oil (AGO) for the sum of N1, 990,440,000.00.

    EFCC said the accused persons, on November 15 last year, with intent to defraud, induced the bank to deliver N1, 573,146,000 to Danium Energy Services.

    The commission said Eliot and Danium Energy Services on or about January 30 in Lagos conspired to induce the bank  to deliver N3, 339,225,000.00 to Danium Energy Services.

    EFCC said they claimed that Total Nigeria, through a letter dated January 30, with Ref No: OPS/SUP/01/17/084 contracted Danium Energy Services to supply 15,000 Metric Tons of AGO for N4, 103,100,000.00.

    Eliot and Danium Energy Services were alleged to have collected the N3,339,225,000.00 from the bank on February 3.

    The prosecution said on February 9, Eliot and Danium Energy Services allegedly conspired to induce the bank  to deliver N2,890,278,000.00 to Danium Energy Services.

    According to EFCC, they pretended that Total Nigeria, vide a February 9 letter, with Ref No: OPS/SUP/02/17/125, contracted Danium Energy Services to supply 15,000 Metric Tons of AGO for N4, 015,800,000.00.

    They were said to have collected the money on February 17 in Lagos by inducing the bank to “deliver” it to Danium Energy Services.

    The alleged offence is contrary to section 8 (a) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006 and punishable under section 1 (3)of the same Act.

    The defendants were also accused of “uttering” (presenting) a forged document dated October 5, 2016 with Ref No: OPS/SUP/10/16/361 to the bank.

    The alleged offence is contrary to Section 19(6) and punishable under Section 1(2)(c) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004.

    The accused persons were also accused of “uttering” a of a forged document dated January 30 with Ref No: OPS/SUP/01/17/084 to the bank.

    Oyedepo said he needed time to respond to the defendants’ bail applications.

    He asked the court to remand them in prison.

    Justice Oguntoyinbo ordered that the defendants be remanded in EFCC’s custody.

    Their bail applications will be considered on Wednesday.

  • NIMASA staff operated ‘contractors’ accounts – witness

    NIMASA staff operated ‘contractors’ accounts – witness

    The Federal High Court in Lagos Wednesday heard that some bank accounts opened in the name of contractors by the Nigerian Maritime Administration and Safety Agency (NIMASA) were operated by the agency’s staff.

    NIMASA transferred several millions into the accounts, which were withdrawn or transferred by the agency’s staff, the court heard.

    A branch manager of Zenith Bank, Bar Beach Branch, Victoria Island, Mrs Rita Ifeadi, said she opened the accounts, but that she never set eyes on the signatories.

    She was testifying in the trial of a former NIMASA Director-General, Patrick Akpobolokemi, who was charged along with the agency’s ex-Executive Director, Maritime Safety and Shipping Development, Captain Ezekiel Agaba, his aides Ekene Nwakuche and Governor Juan as well as Blockz and Stonz Limited, Kenzo Logistics Limited and Al-Kenzo Logistic Limited.

    The Economic and Financial Crimes Commission (EFCC) charged them with converting N2, 658,957,666 between December 23, 2013 and May 28 last year, to which they pleaded not guilty.

    Ifeadi said as part of her duties, she went to NIMASA to look for deposits. She met Agaba, who asked her to hold on.

    Shortly after, Agaba told her NIMASA wanted to open an account for a committee on the International Ship and Port Facility Security (ISPS) Code implementation.

    “I went back to NIMASA and collected the completed account opening form and the account was opened,” he said.

    She said over N1.2billion was paid into ISPS’ account from NIMASA’s account.

    According to the witness, Agaba later told her there was the need to open another corporate account for Aruward Consulting Services in her branch, which was done.

    Soon after the account was opened in the names of Philip Enuesike and Ima Udo, the chequebook for the account was received by Nwakuche (Agaba’s aide and the third defendant).

    The witness said Nwakuche withdrew N3million cash from Aruward’s account. He later brought a transfer request for N4million from the account, the witness said.

    “The transfer instruction was brought by Nwakuche,” she said, adding that N70million was also transferred to Codes Oil and Gas on Nwakuche’s instruction. Ifeadi said a further N72million was transferred to Gidado BDC.

    Asked by EFCC lawyer who operated Aruward’s account, the witness said: “As at today I can say the account was being operated by Ekene Nwakuche and Governor Juan.”

    She said when the case got to EFCC, the two “agreed they were the people signing on this account.”

    Ifeadi said another account was also opened in the name of Extreme Vertex Limited, with Chukwuemeka Onuoha as signatory.

    She said N11million was paid to Juan from the account, while N10million was paid to Al-Kenzo Logistics.

    From the same account, N100million was paid to Kofa Fada Nigeria Limited (a bureau de change), as well as N85million, among others.

    According to the witness, another account belonging to Southern Offshore Limited, with Phillip Okolo and Uche Obilor as signatories, was credited with N212.6million on February 5, 2014 and with N189.7million on March 14, 2014.

    On March 3, 2014, N33.8million and N35million were paid to Hussani Sabo from the account; on February 18, 2014, N17.1million was paid to Haji Kawa Investment.

    On March 23, 2014, there was a transfer of N20million to Sabo, she said, adding that another N20million was transferred to him on March 27, 2014.

    On March 28, 2014, another N20million was transferred to Sabo; on March 31, 2014, N10million was transferred to him.

    Ifeadi said more transfers were made to Sabo on April 16, 2014 (N42.5million and N43.5million). She said on May 14, 2014, N21million was transferred to Sabo three times.

    “I never set my eyes on the two signatories to the account,” the witness said.

    Justice Ibrahim Buba adjourned until March 10 for continuation of trial.

  • Alleged N3.4b theft: Prosecution opens case in ex-NIMASA DG’s trial

    Alleged N3.4b theft: Prosecution opens case in ex-NIMASA DG’s trial

    The Economic and Financial Crimes Commission (EFCC) Wednesday called its first witness in the trial of a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi.

    He was arraigned with nine others, including two companies, before Justice Saliu Saidu of the Federal High Court in Lagos.

    The charge is different from the one before Justice Ibrahim Buba, in which five witnesses have testified for the EFCC.

    In the case before Justice Saidu, Akpobolokemi and others were accused of conspiring to convert N3.4 billion belonging to NIMASA, which the commission said “was derived from stealing”.

    The others are Captain Ezekiel Agaba, Ekene Nwakuche, Felix Bob-Nabena, Captain Warredi Enisuoh, Governor Juan, Ugo Fredrick, Timi Alari and two companies Al-Kenzo Limited and Peniel Engineering Services Limited.

    The first prosecution witness, a Compliance Officer at Zenith Bank Plc, Mr. Teslim Adekunle, said he was responsible for enquiries from regulatory agencies, such as EFCC.

    Led in evidence EFCC’s lawyer Festus Keyamo, the witness said Zenith had between last August and December received several enquiries from EFCC.

    He said the bank was asked to produce statement of accounts as well as account opening packages of three companies, namely: Interwind Limited, Margai Integrated Limited and Grandpact Limited. The documents were tendered in evidence.

    An argument between the prosecution and defence counsel ensued when Keyamo sought to tender a document on Thlumba Enterprise Limited.

    Akpobolokemi’s lawyer Dr Joseph Nwobike (SAN) objected on the basis that the the document was a photocopy.

    Keyamo applied to withdraw the document, but the defence counsel urged the judge to admit the document and mark it as “rejected”.

    If marked as rejected, tendering of the original document may be foreclosed.

    The EFCC witness had earlier informed the court that the original copy was in the bank’s archive.

    Justice Saidu adjourned for ruling and continuation of trial Thursday.

     

  • Court bars AGF, NDLEA from seizing Kashamu’s properties

    Court bars AGF, NDLEA from seizing Kashamu’s properties

    The Federal High Court in Lagos on Tuesday restrained the Federal Government from seizing Senator Buruji Kashamu’s properties over drug trafficking allegations.

    Justice Ibrahim Buba held that it would amount to abuse of powers for the respondents to infringe on Kashamu’s property rights without following due process.

    The judge, therefore, barred the Attorney-General of the Federation Abubakar Malami (SAN) and the National Drug Drug Law Enforcement Agency (NDLEA) from violating the senator’s rights to own property.

    Kashamu sought an order of perpetual injunction restraining NDLEA and the AGF from taking possession of his assets.

    The Senator said he learnt of moves by agents of the Federal Government to seize his properties, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos.

    According to him, he acquired the properties, which he said worth N20billion, by dint of hard work and through his legitimate business.

    He said contrary to NDLEA’s alleged claim, the properties were not proceeds of drug trafficking.

    The Senator said his right to own property as guaranteed by sections 43 and 44 of the 1999 Constitution would be breached if the respondents were not perpetually restrained.

    Ruling in his favour, Justice Buba held that since previous judgments stopping Kashamu’s extradition had not been discharged or vacated, the prosecution could not take steps against him when the restraining orders were still subsisting.

    He said the prosecution was bound to obey the orders until set aside by the Court of Appeal.

    “The judgments of this court are binding on the parties and on this court until set aside on appeal,” he held.

    Justice Buba said the Federal Government cannot seize Kashamu’s assets on the basis of the same allegations that had been decided upon by the court “whether rightly or wrongly.”

     

  • Court awards N5m against EFCC for freezing firm’s account

    Court awards N5m against EFCC for freezing firm’s account

    The Federal High Court in Lagos Tuesday awarded N5million damages against the Economic and Financial Crimes Commission (EFCC) for sealing up a company and freezing its accounts without a court’s order.

    Justice Ibrahim Buba held that the commission acted irrationally. He delivered judgment in a suit by Rana Prestige Industries Nigeria Limited and its director Gnanhoue Nazaire against the EFCC, Mrs Alice Bulus and Mrs Rachadatou Abdou.

    Through their lawyer Chief Rickey Tarfa (SAN), they filed a fundamental rights enforcement suit and prayed the court to order the unsealing of the company’s business premises.

    They also prayed for an order unfreezing its accounts with Diamond Bank, Ecobank, and Access Bank, as well as an order of perpetual injunction restraining EFCC from violating their rights.

    Rana Prestige and Nazaire sought N100million damages, and N10million as cost of the action.

    Justice Yunusa granted all the reliefs sought, except the damages and cost. He awarded N5million to the applicants and made no order as to cost.

    The judge said the EFCC wrongly exercised its prosecutorial discretion in sealing up the company.

    “There is no evidence that the order of court was obtained prior to sealing the company,” the judge held.

    Besides, he said the commission did not do a preliminary investigation before it moved against the company after receiving a petition against it and the director.

    “It is clear that the first (EFCC) and second respondents did not exercise their discretion properly.

    “There is nothing in the record that they did any preliminary investigation. The first and second respondents acted irrationally,” the judge held.

    The EFCC had earlier filed criminal charges against the applicants, which is still pending before the court.

    Also charged with forgery and “uttering” of forged documents (presenting a forged document as genuine) are the company’s General Manager, Senou Modeste and a staff Ferdinand Egede.

    EFCC said they allegedly conspired amongst themselves on May 28, 2007 to forge Rana Prestige’s ordinary resolution which they purported to have been signed by Mrs Rachadatou Abdou, who co-owns the company.

    The commission said they allegedly forged a Corporate Affairs Commission (CAC) Form 7 dated November 22, 2005, claiming it was signed by Mrs Abdou.

    The four-count charge includes conspiracy to commit a felony, forgery and uttering of false document, which violate section 516, 467 and 468 of the Criminal Code, Cap C17, Laws of Lagos State of Nigeria 2003. They are yet to be arraigned.

    In a supporting affidavit, an EFCC investigating officer said the board resolution was purportedly signed and passed by the directors appointing Egede as the Company Secretary while Mrs Abdou was out of the country.

    The commission said Nazaire fraudulently converted the company’s share to his use and to Mrs. Abdou’s prejudice, as well as “converted huge sums of money” belonging to the company “to his own use.”