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Tag: Federal High Court

  • How we discovered $9.8M, £74,000 in Ex-GMD Yakubu’s home – Witness

    How we discovered $9.8M, £74,000 in Ex-GMD Yakubu’s home – Witness

    The first prosecution witness in the on-going trial of Ex-General Managing Director of Nigerian National Petroleum Company (NNPC) Chief Andrew Yakubu told Justice Ahmed Mohammed of the Federal High Court Abuja of how the sum of $9,772,800M and £74,000 was discovered in his house located at Sabon Tarsha area in Kaduna.

    Mr. Yakubu was arraigned on a six-count charge of money laundering and false asset declaration.

    The witness, Mr Tasiu Abubakar who is a super pretendant of police attached to the Economic and Financial Crime Commission (EFCC) told the court that the zonal office is located at No 2 Hazkamp Road Kano.

    Led in evidence by prosecution counsel Prince Ben Ikani the witness who was told to explain to the court what happened on the 2nd of February 2017 said:

    “On that fateful day the Zonal Head of Kano received an intelligence information that there was a house located at Sabon Tarsha area of Kaduna state that there was a money kept in his house and the zonal office has an office called intelligence and special operation section known as isos which function is to carry out such operation

    “Based on that the zonal head of operation directed the unit to proceed to Kaduna and carry out surveillance

    “When I and my team arrived the house the caretaker came and identified himself as Bitrus Yakubu after normal introduction we presented a search warrant to him

    “The names of the people in my team are Sanusi Abdullahi, Aliyu Abdulkabu, Adamu Waziri, Suleman Mohammed

    “He now told us that he is the defendant’s brother and so we discovered that the caretaker did not have the key to the house and so we had to call an iron bender

    “The iron bender came with his breaking tools and unlocked the door”

    He added:”Our team is attached with a cameraman from the media unit of the EFCC whose name is Suleman Mohammed

    “The main door was unlocked and we moved him with the Bitrus and the iron bender

    “We further discovered another door inside which was also unlocked. Immediately the doors was opened we discovered bupapi and a four panel safe and we asked Mr Bitrus who is the owner of that safe, which he said the safe belongs to the defendant

    “And so we moved the safe out of the apartment along with Bitrus and we search the apartment and discovered the white excel cpu component and that is all what we discovered

    “After discovering the safe,the team along with the defendant brother proceeded to the EFCC office in Kano were the zonal head of operation and other senior officers invited key experts and the safe was unlocked in the presence of the defendant’s brother

    “When the first panel was opened, we discovered foreign currency, specifically US dollars, and pounds sterling

    “They unlocked the second to fourth panel where all different panels contained money

    “After that the zonal head employed the services of bureau the change who came along with currency counting machine and all this process was covered by the media unit and then the money counted was $9. 8M as well as £74,000

    “The defendant confirm the amount which was counted and we made a paper with the names of all the witnesses including the bureau the change (BDC) who helped in counting and their statement was taken in that count. Immediately the money was registered as exhibit

    “At the time when the money was discovered, the defendant was out of the country for medical trip. He was contacted and he now reported to the zonal office, he came along with his counsel Mr James Kanyi, who was interviewed in the present of his lawyer

    “I administered the word of caution and he read it to the language he understood and he signed”

    On how he was asked by the prosecution counsel who wrote the statement he simply said: “I didn’t write the statement of the defendant whereas he wrote it by himself in the presence of the counsel in three pages”

    Furthermore the witness said the defendant said that the house where the safe was found belongs to him

    “After the statement we seek for an order of court for him to be detained”

    Asked by Prince Ikani were the money currently is, the witness said that the money is kept in the Central Bank of Nigeria(CBN) in a strong room.

    Justice Mohammed adourned till 24th of May for continuation of trial.

     

  • N11b fuel ‘theft’: Court orders DSS to produce Ubah

    N11b fuel ‘theft’: Court orders DSS to produce Ubah

    The Federal High Court in Lagos Tuesday ordered the Department of State Services (DSS) to produce Managing Director of Capital Oil and Gas Limited, Ifeanyi Ubah, on Friday.

    Justice Mohammed Idris ruled on an ex-parte application by Ubah through her counsel, Mrs. Ifeoma Esom.

    The businessman is praying the court to compel DSS release him from its custody.

    Esom argued that unless the court orders the applicant to be produced in court within 48hours, the DSS and the Economic and Financial Crimes Commission (EFCC) would continue to keep him in their custody.

    She said they may “coerce him into acceding to whatever conditions they impose on him in exchange for his freedom”.

    The EFCC, the DSS Director-General, Nigeria National Petroleum Corporation (NNPC) and the Asset Management Corporation of Nigeria (AMCON) are among the respondents.

    The Service arrested Ubah over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the NNPC”.

    “So far, it has been established that the products stolen amount to over N11billion,” the DSS said in a statement.

    In a supporting affidavit to Ubah’s application, Capital Oil’s Secretary, George Oranuba, said the DSS acted in disregard of “the constitutional doctrine of separation of power and sanctity of the judicial process”.

    According to him, the arrest was over allegations made by the NNPC and AMCON, which were already subject of a lawsuit.

    “Notwithstanding the pendency of this suit and the service of the originating process as aforesaid, the respondents again invited Ubah to report to their offices in respect of the same allegations made by the NNPC and AMCON, which is the subject matter of the instant suit,” Oranuba said.

    Oranuba said a “throughput agreement” between Capital Oil and NNPC allows for “conversion and diversion of products by ‘operators’ so long as the operator is prepared to re-deliver the products within seven days of demand by the products owner or to pay a penalty for non-re-delivery”.

    According to him, the failure to re-deliver was a “mere” breach of contract, which can be remedied by the payment of penalty to the owner, and was not a criminal act.

    “The throughput agreement expressly states that any penalty due for non-re-delivery is to be treated as a debt and I verily believe that law enforcement agencies are not allowed to operate as debt collectors,” the deponent said.

    Oranuba also said NNPC was indebted to Capitol Oil in “excess of N13billion”, yet the company did not call law enforcement agencies to collect the debt.

    The DSS claimed Ubah had further engaged “in other activities inimical to national security and public order”.

    “In furtherance of his gimmicks to undermine the government and people of Nigeria, he has incited members of the Petroleum Tanker Drivers (PTD), a critical player in the downstream sub-sector of the Petroleum Industry, to refuse/stop the lifting of products,” it said.

    But, the PTD wing of the National Union of Petroleum and Natural Gas Workers (NUPENG) faulted the DSS over the allegation, saying no individual or institution can be allowed to use tanker drivers to cause economic sabotage.

    The union, in a statement by its national chairman, Otunba Salmon Oladiti, dismissed the allegation as “baseless and unfounded”.

     

  • Court rejects Jonathan’s ex-aide’s ‘torture’ claims

    Court rejects Jonathan’s ex-aide’s ‘torture’ claims

    The Federal High Court in Lagos Monday rejected claims by a former Senior Special Assistant to ex-President Gooluck Jonathan on Domestic Affairs, Dr Waripamo-Owei Dudafa, that he was “tormented” by officials of the Economic and Financial Crimes Commission (EFCC) while in detention.

    EFCC arraigned Dudafa and Iwejuo Joseph Nna before Justice Mohammed Idris on 23-counts of conspiracy and conspiring to conceal proceeds of crime amounting to over N1.6billion on June 11, 2013.

    Prosecution counsel Rotimi Oyedepo had sought to tender the defendants’ statements during trial, but Dudafa and Nna claimed that the statements were not made voluntarily.

    Justice Idris then ordered a trial-within-trial to determine if the statements were made voluntarily.

    Dudafa had claimed that he was he was “tormented” by in a bid to get him to implicate the former president. He said the statements were dictated to him, and that he was induced to sign in exchange for his freedom.

    He also said he was denied access to his relatives, was not given food for some period, and that EFCC doctored the video recording of his statement by blotting out the part where he protested the fact that he was being induced.

    Ruling yesterday, Justice Idris admitted the statements on the basis that their contents did not indicate that the defendants “confessed” to any crime.

    He was, however, silent on Dudafa’s claims that he was “tormented” and induced to make the statements.

    Justice Idris said: “Are exhibits ID1 and ID2 (the statements) admissible in evidence? Are they confessional? None of the parties have addressed this issue.

    “What is a confession? A confession is generally made in writing to a police officer or other law enforcement agents during investigation. It could also be made orally.

    “A confession must be direct and positive as far as the charges are concerned. To constitute a confession, a statement must admit or acknowledge that the maker thereof committed the offences for which he is charged and in doing so be clear and unequivocal.”

    Justice Idris held that the confessional statements did not meet the principle of mens rea (criminal intent).

    He said: “Where in Exhibits ID1 and ID2 did the first and second defendants admit the act constituting the offences, as well as requisite intent of mens rea? None has been shown to the court by the counsel, and not has been seen by the court.

    “Let me restate for the avoidance of doubt that qualified confession, which for instance, suggests that a defendant is raising a defence, cannot be labeled a confession.

    “Strictly speaking, an admission of guilt, but with a defence or an explanation, therefore, cannot amount to a confession.

    “It has not been shown that the statements of the first and second defendants tendered by the prosecution amount to an admission of guilt.

    “It has not been shown that the said statements were positive, direct and unequivocal as to the commission of the offence for which the defendants were charged.

    “I cannot in the circumstances hold that these statements are indeed confessional statements. In the circumstances, I hold that the statements are admissible at this stage.

    “They are admitted and marked as Exhibits G-G15 in respect of the statement of the first defendant, and Exhibit H-H40 in respect of the second defendant.”

    Justice Idris adjourned until June 21 for continuation of trial.

     

  • Supreme Court resolves jurisdiction issue against Oyo Rep member

    Supreme Court resolves jurisdiction issue against Oyo Rep member

    The Supreme Court has resolved that the Federal High Court has the jurisdiction to determine a case challenging the election of a member of the House of Representatives from Oyo State, Hon. Sumbo Olugbemi.

     

    Olugbemi is representing Oluyole Federal Constituency in the lower legislative chamber on the platform of the All Progressives Congress (APC).

     

    But his candidature is being challenged by Hon. Olujide Adewale, who is claiming that he defeated Olugbemi in the primary of the party for the post in 2014.

     

    Adewale dragged Olugbemi, the APC and its chairman in Oyo State, Chief Akin Oke and the Independent National Electoral Commission (INEC) to the Federal High Court, Ibadan, seeking the nullification of Olugbemi’s candidature and declaration that he was the duly elected candidate of the party for the 2015 House of Representatives election. He filed the case on October 24, 2014.

     

    But Olugbemi challenged the jurisdiction of the court to entertain Adewale’s claims in November, 2015. The court dismissed the application but the lawmaker appealed against the order.

     

    The Court of Appeal also upheld the decision of the Federal High Court, affirming that it had jurisdiction over the matter.

     

    Still dissatisfied, Hon. Olugbemi approached the Supreme Court over the order. But the apex court also upheld the decision of the lower courts in its judgment on Friday.

     

    In the copy of the judgment obtained by The Nation, Justice Mary Ukaego Peter-Odili, who read the lead judgment, affirmed: “Indeed, the matter herein is laid to rest as the two courts below were right in holding that the Federal High Court was seised with jurisdiction to hear the pre-election matter before the Federal High Court pursuant to Section 87 (9) of the Electoral Act, 2010 (as amended). The controversy on the issue of main or principal or ancillary relief does not arise and this appeal definitely lacks merit as the concurrent findings and conclusion of the two courts below are not to be tampered with, the exceptions that would have empowered this Apex Court to so interfere , upset, disturb those findings and conclusion do not exist. This appeal is therefore dismissed.”

  • Court convicts INEC staff for accepting N70m bribe from Diezani

    Court convicts INEC staff for accepting N70m bribe from Diezani

    …Another employee abandons plea bargain

     

    The Federal High Court in Lagos Wednesday convicted an employee of the Independent National Electoral Commission (INEC) for accepting over N70million bribe from former Petroleum Minister Mrs Diezani Alison-Madueke to rig the 2015 general election results.

    Justice Mohammed Idris convicted Tijani Inda Bashir for receiving cash payment of N70,050,000.00 after he pleaded guilty to an amended charge.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned him, Christian Nwosu and Yisa Adedoyin.

    They allegedly collected N264.88million bribe on March 27, 2015 from the former minister ahead of the election.

    Nwosu had earlier pleaded guilty to the charge and was convicted for the offence of receiving N30million bribe.

    But, Justice Idris rejected his plea bargain agreement with the EFCC involving payment of N500,000 fine and forfeiture of properties acquired with the money.

    The judge said Nwosu should either accept a heavier sentence, which includes N10million fine, or change his plea.

    When the defendants were re-arraigned yesterday, Nwosu changed his plea to not guilty.

    Bashir, who earlier pleaded not guilty, changed his plea to guilty.

    Mrs Alison-Madueke, said to be at large, was named in the charge.

    Prosecution counsel Mr. Rotimi Oyedepo urged the court to convict Bashir in view of his plea and to accept the plea bargain agreement reached with him, dated May 2.

    It was agreed in the plea bargain that Bashir would forfeit a parcel of land measuring 100ft by 100 at Taoheed Road, Budo-Osho Village, Illorin South Local Government Area in Kwara State.

    “That a fine of N10million is proposed to this Honourable Court to be imposed on him upon his conviction on count four of the amended charge.

    “That in paying the fine of N10million, the defendant shall raise a draft of N5million in addition to the sum of N5million already recovered from him,” the agreement reads in part.

    Reviewing the facts of the case, Oyedepo said EFCC received an intelligence in late 2004 that Mrs Alison-Madueke received gratification from various oil companies such as Northern Bet Oil and Gas, Auctus Integrated Company and an oil magnate Adesanya Laitan.

    “The total sum received was $115,010,000. It was kept in the custody of a bank which received instructions to convert the sums to naira and distribute to the 36 states and the FCT.

    “Our investigation established that the second defendant (Bashir) in conjunction with the first defendant (Nwosu) signed a receipt for N264,880,” Oyedepo said.

    He tendered the receipt and Bashir’s statement in evidence.

    “We discovered that though he signed for a total of N264,880, we found as a fact that he received N70,050,000 from the third defendant.

    “Out of the N70million, he only benefited N28million, which has been forfeited. The property he acquired with it has been recovered. We have the deed of assignment and plan,” Oyedepo said.

    The lawyer tendered the receipt of payment as well as bank draft of N5million in favour of EFCC Recovered Funds Main account.

    He urged the court to convict the defendant in line with the terms of the plea bargain agreement.

    Ruling, Justice Idris held: “From the facts, the second defendant benefited in the sum of N28million which has been fully recovered by the EFCC.

    “The property of the second defendant in Illorin has been recovered. According to the prosecution, this property is worth more than N25million.

    “And a draft in the sum of N5million has been recovered and surrendered to the EFCC. In essence, assets and cash in excess of N30million have been recovered by EFCC.

    “It’s not in contention that the second defendant is both elderly and a first time offender. Therefore, the court will temper justice with mercy.

    “It is in the light of the above that I find the plea bargain agreement acceptable. It in consonance with Section 370 of the Administration of Criminal Justice Act, and it is also not in contravention of Section 16 (2) (b) of the Money Laundering Prohibition Act.

    “In the light of the above, judgment be and is hereby entered against the second defendant in terms of the agreement. This is the judgment of the court.”

    Oyedepo urged the court to return the case to the Chief Judge for reassignment to another judge for the trial of other defendants.

    He said the ACJL provides that where a judge refuses a plea bargain and a defendant changes his plea to not guilty, the trial would be before a different judge.

    But Nwosu’s lawyer, Obinna Ilene, said the trial could go on before Justice Idris since Nwosu had been rearranged.

    He also alleged that his client was induced to plead guilty and that EFCC imposed a lawyer on him, but Oyedepo denied the allegations.

    “We found out that he was put under intense pressure. He has been in detention for over one month. A counsel was also imposed on him,” he said.

    Justice Idris asked the parties to address him on whether the case should be reassigned to another judge.

    He adjourned till May 15 for hearing of Nwosu’s bail application and for counsel to address him.

     

  • Court refuses to restrain police from arresting, investigating suspect

    The Federal High Court in Ekiti state has dismissed a suit seeking to restrain the police from investigating a criminal suspect because “no citizen’s liberty is absolute”.

    Justice Taiwo O. Taiwo held that the court cannot bar the police from doing its work or shield anyone from criminal investigation or probe.

    Doing so, he said, would amount to interfering with the constitutional powers granted security agencies, especially the police.

    “If a court accedes to the request of an applicant and grants injunctive orders restraining criminal investigation and/or prosecution, the court may create an outlaw out of such a person and this could lead to a general breakdown of law and order,” he said

    Justice Taiwo ruled on a fundamental rights suit brought by Mr Idowu Olayemi against the Ekiti State Police Commissioner, the investigating police officer (IPO) Corporal Akingbade Adeniyi and the complainant Dada Segun.

    The plaintiff sought a declaration that his arrest and torture by the police from last November 26 to 27 at Segun’s instigation was a breach of his fundamental rights and therefore illegal.

    He sought an order restraining the police from further arresting or detaining him, an order directing the respondents to apologise to him, and pay him N5million damages.

    Olayemi said Segun falsely accused him of stealing his N300, 000, following which he was arrested, detained and tortured.

    But, Justice Taiwo held that there was nothing wrong with the police arresting the suspect as it is statutorily empowered to receive criminal complaints and investigate crime, adding that Olayemi was granted bail.

    The judge added: “I do not see any reason to believe that the applicant was tortured by the second and third respondents. There are no facts before the court. There is no medical record showing infliction of pain on the body of the applicant. I dare say that general and wide allegations of such breach or infringement will not suffice.

    “I, therefore, hold that the applicant has not succeeded in proving illegal arrest, torture, harassment or threat to kill him on the instructions of the first respondent.”

    Justice Taiwo awarded a cost of N25,000  to Segun, which he incurred in the case, and warned the police against re-arresting Olayemi having granted him bail, but to charge him to court if there is evidence against him.

  • Breaking: Kanu leaves Kuje prison

    Breaking: Kanu leaves Kuje prison

    …He was released round 5pm – lawyer

     

    After about two years in custody, the leader of the group, Indigenous People if Biafra (IPOB) Nnamdi Kanu breathed the air of freedom Friday.

    His lawyer, Ifeanyi Ejiofor who informed The Nation about the development, said his client has been formally released from Kuje prison where he had been kept

    Ejiorfor told The Nation that Kanu was let out of the prison around 5pm Friday.

    He said his client’s release followed. The eventual perfection of the bail granted him on July 25 by Justice Binta Nyako of the Federal High Court, Abuja.

    “I am happy to formally inform you that Kanu is out of Kuje prison. He is out. We were able to meet the bail conditions. He left the prison around 5pm,” Ejiofor told The Nation Friday.

    Ejiofor had on Thursday told The Nation that Kanu’s legal team was doing all within its powers to secure freedom for him.

    In her ruling granting bail to Kanu, Justice Nyako said: “I have not also not seen any new argument to warrant my reviewing my earlier decision.

    “However, as it relates to the 1st defendant, the applicant has deposed extensively on his health and appeals to the court on health grounds to allow bail on any condition.

    “Overtime that the 1st defendant has appeared in court, the 1st defendant may be having some health issues as he always sits down and sweats profusely.

    “I am of the opinion that the 1st defendant needs better health attention that the prison service is unable to provide.

    “Pursuant to this, the bail of the 2nd to 4th defendants are hereby use refused. I hereby use my discretion and grant the 1st defendant bail on the following conditions.

    “He shall undertake before the court and depose to an affidavit that he shall attend his trail diligently and shall provide three sureties as follows.

    “All the sureties are in sum of N100m each. One of them must be a highly placed person of Igbo extraction, such as a Senator.

    “Secondly, is a person highly respected and recognised religious leader in Nigeria of the defendant’s belief. A highly respected Jewish leader.

    “The third surety must be resident in Abuja, highly respected, with landed property and Certificate of Occupancy verified.

    “He shall deposit all his international passports, with the court. I also want a report of his health status on a monthly basis filed in court,” the judge said.

    Justice Nyako directed that Kanu should not grant interviews, no ralies, and must not be in a crowd of more than 10 people.

    The judge rejected bail to three others standing trial with Kanu. They Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi.

    They are standing trial on a five count charge relating to treasonable felony, illegal possession of firearms, among others.

    Further hearing in the case resumes on July 11.

    Kanu was arrested in a hotel in Lagos by the Department of State Services (DSS) on October 14, 2015.

    In a court document filed by the prosecution in the case, a  DSS operative Temisan John, who led a team that arrested Kanu gave details of how he was apprehended.

    John said the IPOB leader was apprehended in the company of a woman on October 14, 2015 at the Golden Tulip Essential Lagos Airport Hotel in Lagos

    He said: ”On arrival at the hotel, the staff denied having Kanu in the hotel or having any knowledge of him even when shown his photograph. The hotel’s guest manifest for about five days were also printed and the name was not found on any.

    “However, relying on accurate intelligence, the team decided to conduct a physical search on all the hotel rooms, leading to the arrest of Kanu in Room 303, where he was caught hibernating with a young girl named Maryam Ibezimakor, with all his broadcasting and communication gadgets set for use.

    “It was then discovered that Kanu checked in under the name Nwanekaenyi Ezebuiro. He was subsequently arrested and taken to the command headquarters.”

     

  • Court to reopen hearing case against Tambuwal on May 23

    Court to reopen hearing case against Tambuwal on May 23

    Justice Gabriel Kolawole of the Federal High Court, Abuja has agreed to reopen hearing in the case seeking the removal of Sokoto State governor, Aminu Tambuwal.

    Justice Kolawole took the decision Wednesday after dismissing the counter arguments by lawyers to Tambuwal and his party, the All Progressives Congress (APC), Jibrin Okutepa (SAN) and Sunday Ameh (SAN).

    The judge Fixed May 23 for hearing in the case originally filed in January 2015 by two former aspirants for the governorship position of Sokoto State on the platform of the APC – Umaru Dahiru and Abubakar Sanyinna

    The plaintiff’s filed the suit in January 2015 challenging the December 2014 APC’s governorship primaries which produced Tambuwal as the candidate of the party for the main election which later held on April 11, 2015.

    The plaintiffs, who queried the outcome of the primary that produced Tambuwal as the party’s candidate, want the court to restrain the Independent National Electoral Commission (INEC) from accepting primary’s outcome because of alleged irregularities that characterised the exercise.

    The case suffered delays as decision of the Federal High Court on the preliminary issue of jurisdiction went up to the Supreme Court until the apex court, in a December 9, 2016 judgment ordered the trial court to assume jurisdiction and hear it on the merit.

    But, on March 10, 2017, Justice Kolawole, to who the case was reassigned, struck out the “case file” following the wrong numbering of the suit by the court’s Registry.

    Justice Kolawole noted the number in the suit before him was different from the one remitted to the Federal High Court for hearing by the Supreme Court.

    Shortly after Justice Kolwale’s March 10 ruling, striking out the file, the plaintiffs went before the court’s Registry to rectify the error in numbering, following which the case was resent to Justice Kolawole for hearing.

    When the case came up Wednesday, Roland Otaru (SAN) announced appearance for the plaintiffs and said he was holding the brief of Awa Kalu (SAN).

    He told the court that he was ready for hearing in line with the Supreme Court’s directive of expeditious hearing of the case.

    But, Okutepa and Ameh objected to Otaru’s appearance in the case and faulted the further affidavit filed on behalf of the plaintiffs.

    They noted that the motion newly filed for change of the plaintiffs’ address of service was tantamount to an application seeking to replace Otaru with Kalu as the lead lawyer for the plaintiff.

    They argued that the motion which according to them was by implication seeking a change of the plaintiffs’ counsel, was incompetent because it was filed without leave of court and therefore in breach of Orders 9(35) and (36) of the Federal High Court Civil Procedure Rules 2009.

    They also said the further affidavit filed by the plaintiffs was in breach of the court’s rules as it was filed without being directed by the court.

    Okutepa said he only filed his own written address accompanying his counter-affidvait out of abundance of caution.

    Ameh said the case cannot proceed to hearing because he has not filed a written address in support of his counter-affidavit to the suit.

    He said he was relying on the court’s rules which required a directive of court for such to be filed.

    Lawyer to INEC, I.S Mohammed appealed for time to enable him confirm whether the documents (originating process) newly filed by the plaintiffs have been served on his office.

    Mohammed also said he needed time to study the new further affidavit to know if there were fresh issues which would require the commission’s response.

    Responding, Otaru said the objection by the two defence lawyers was “misplaced and vexatious”.

    He opted to withdraw the application for change of the plaintiffs’ address of service, but stressed that the application was different from one seeking change of counsel.

    Otaru told the court that Kalu was still the plaintiffs’ lead counsel and that he only held his (Kalu’s) brief.

    He said none of the defence counsel had been able to show that he did not have Kalu’s instruction to appear in the case.

    Ruling, Justice Kolawole said everything must be done to ensure that the directive of the Supreme Court, for prompt hearing of the case, was adhered to prevent the situation where the case will be rendered mere academic exercise.

    The judge agreed to give opportunity to Tambuwal’s lawyer to file his client’s written address within 7 days

    He said the plaintiffs, when served with the written address, if so desired must file a reply on point of law within seven days thereafter.

    Justice Kolawole adjourned to May 23 for hearing of the suit and the preliminary objection filed by the defence

     

  • EFCC: Jonathan’s wife paid N2.1b into account in two years

    EFCC: Jonathan’s wife paid N2.1b into account in two years

    The Economic and Financial Crimes Commission (EFCC) told the Federal High Court in Lagos Wednesday that wife of former President Goodluck Jonathan, Patience, allegedly paid $6,791,599.64 (about N2,150,378,386.32) into her account between February 8, 2013 and January 30, 2015.

    It said the money, which she allegedly directed her aides to pay into her account while her husband was President, was suspected to be proceeds of unlawful activities.

    EFCC said Mrs Jonathan had earlier spent $949,282.98 (about N296,141,911) from the money.

    The commission said she also withdrew another N100,000 from the account this month, leaving a balance of $5,731,173.55.

    It prayed the court to order the temporary forfeiture of the remaining sum to prevent her from further dissipating it.

    Justice Mojisola Olatoregun granted the order as prayed based on an ex-parte application by the EFCC.

    The commission said it found the money in an account numbered 2110001712 with Skye Bank Plc in Mrs Jonathan’s name.

    The judge also ordered the forfeiture N2,421,953,522.78 found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd.

    The commission said the money is also linked to Mrs Jonathan.

    EFCC said the sums were “reasonably suspected to be proceeds of unlawful activities”.

    Justice Olatoregun directed the EFCC to publish the interim order in a newspaper.

    It is for the respondents or anyone who is interested in the property sought to be forfeited to appear before the court within 14 days to “show cause” as to why a final order of forfeiture should not be made in favour of the Federal Government.

    EFCC’s counsel Rotimi Oyedepo said the application was based on Section 17 of the Advance Fee Fraud and other Related Offences Act 2006.

    In an affidavit in support of the ex parte originating summons, an EFCC operative, Musbahu Yahaha Abubakar, said he was a member of a Special Task Force Team assigned to investigate the case.

    He said the commission received an intelligence report that funds suspected to proceeds of crime were “warehoused” in the accounts.

    “The intelligence was analysed and found worthy of investigation,” Abubakar said.

    He said Mrs Jonathan opened the Skye Bank account on February 7, 2013.

    “Upon the opening of the account, several huge cash deposits in dollars were made to the account.

    “One Dudafa Waripamo Owei who was the Senior Special Assistant to the former President was one of the frequent depositors in the account.

    “Another frequent cash depositor of funds reasonably suspected to be proceeds of unlawful activities into the account is one Festus Iyoha, a steward at the State House, Abuja,” the deponent said.

    The EFCC investigator said Iyoha also made deposits with fictitious names.

    Abubakar said between February 8, 2013 and January 30, 2015, $6,791,599.64 suspected to be proceeds of unlawful activities was deposited into the account in cash.

    He said Mrs Jonathan had dissipated part of the funds, leaving a balance of $5,731,173.55.

    “If this fund is not forfeited in the interim, the operator of the account, Mrs Dame Patience Jonathan, will fully dissipate it.

    “She made cash withdrawal of $100,000 on the 7th of April, 2017 from the account after obtaining court order in suit No FHC/L/CS/1343/16 on the ground that she was not made a party to the suit,” the investigator said.

    On the N2.4billion, the operative said the commission also traced the money to the Ecobank account following suspicions that it was a proceed of crime.

    He said the “purported” signatory to the account was one Ada Ifegbu, with a telephone number belonging to one Esther Oba.

    The EFCC operative said the N2.4billion “were substantially the naira equivalent of the United States Dollars given to one Chima Nwafor John of Ecobank Nigeria Ltd by one Esther Oba at the Aso Rock Villa.”

    He said it was John who contracted bureau de change operators to convert the money to naira and deposit it to La Wari Furniture and Baths Ltd’s account.

    Abubakar said the dollars which were subsequently converted to naira and deposited in the firm’s account were all received in cash by John.

    The operative added: “The various deposits by Chima Nwafor John through the bureau de change operators were placed on fixed deposit.

    “The sum of N2,033,196,721.31 reasonably suspected to be proceeds of unlawful activities is currently on fixed deposit in La Wari Furniture’s account.

    “Apart from the fixed amount, the sum of N388,751,801.47 reasonably suspected to be proceed of unlawful activities is currently standing to the credit of La Wari Furniture and Baths Ltd’s account.

    “It is in the interest of justice to, in the interim, make an order of forfeiture to the Federal Government of Nigeria and allow any person who has interest in the properties sought to be forfeited to appear before this Honourable Court within 14 days to show cause why the properties reasonably suspected by the applicant to be proceeds of unlawful activities should not be forfeited to the Federal Government of Nigeria.

    “It is in the interest of justice to grant this application.”

    Ruling, Justice Olatoregun said: “Application is granted as prayed.”

    This is coming a day EFCC withdrew its application for a stay of execution of a judgment which unfreezed the account.

    The EFCC freezed the account last year.

    Justice Mojisola Olatoregun on April 6 unfreezed the account after Mrs. Jonathan’s lawyer, Ifedayo Adedipe (SAN), argued that her client was not a party to suit.

    Dissatisfied with the order, EFCC filed an application for stay of execution but withdrew it on Monday.

    Justice Olatoregun adjourned until May 15.

     

  • Court orders temporary forfeiture of building belonging to PDP Delta Senator

    A Federal High Court, Lagos, on Monday, ordered the temporary forfeiture of a 12-storey building belonging to a People’s Democratic Party (PDP) Senator, Peter Nwaoboshi.

    The property located at 27, Marine Road, Apapa, is said to belong to Nwaoboshi who is senator representing Delta North Senatorial District.

    The court’s order was sequel to an ex-parte application, filed by the Economic and Financial Crimes Commission (EFCC).

    Nwaoboshi and his two companies; Golden Touch Construction Project Ltd, and Bilderberg Enterprises Ltd are listed as respondents.

    Arguing the application, EFCC counsel, Mr George Chia-yakua, informed the court that the  application was pursuant to section 44(2)(k) of the constitution as well as Section 28 and 29 of the EFCC (establishment) Act 2004.

    The EFCC counsel informed the court that the Commission received a petition from an anti-corruption group, ‘Anti-Corruption and Integrity Forum’, against the senator and his Companies on alleged money laundering.

    The EFCC stated that upon receipt of the petition several investigations were carried out.

    It said it included making enquiries from the Code of Conduct Bureau, banks, Delta State Governor’s office, Delta State Tenders Board, Nigeria Customs Service, and Lagos State Ministry of Lands.

    It said that investigations were also made at the Federal Inland Revenue Services, and Corporate Affairs Commission (CAC), with a view to tracing movement of funds suspected to be proceeds of Illegal activities.

    The EFCC stated that in 2010, the Tender Board of Delta State awarded a contract to the Senator’s second company to purchase new construction equipment for Delta State Direct Labour Agency.

    It said that this was at the sum of N1.58 billion, adding that rather than buying new equipment, the company only imported and supplied used equipment, while the Delta State government fully paid for new one.

    It further stated that upon investigation, it was revealed that the Senator moved the proceeds to various accounts linked to him, and his company bidded and bought the said 12 storey building formerly known as Guinea House, located at 27, Marine Road, Apapa.

    It said this was for the sum of N805 million, through the use of his first company, Golden Touch Construction Project Ltd.

    The commission also stated that further investigation revealed that the Senator’s Bank Verification Number had about 20 bank accounts while his private companies had about 23 bank accounts.

    It therefore, urged the court to grant the application, in order to prevent the disposal of the building pending the conclusion of investigation and when a criminal charge will be filed against the respondents.

    After listening to the submissions of counsel to the applicant, justice Anka ordered that the 12-storey building located at 27, Marine Road, Apapa, Lagos, be temporary forfeited to the federal government pending the outcome of its Investigation.