Tag: Federal High Court

  • Ex-JTF commander donated N35m to church, EFCC alleges

    Ex-JTF commander donated N35m to church, EFCC alleges

    The Federal High Court in Lagos Friday heard that a former Joint Task Force (JTF) commander Major-General Emmanuel Atewe allegedly donated N35million to a church.

    The Economic and Financial Crimes Commission (EFCC) alleged that the money was part of N19.7billion fraudulent diverted by the defendants.

    An EFCC witness, Ahidjo Ikem, said the money was donated to the Living Faith Church.

    Ikem is the Managing Director of five companies charged with Atewe.

    They are standing trial along with former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Dr. Patrick Akpolobokemi, Kime Engonzu and Josephine Otuaga.

    They were arraigned on an amended 22 count-charge with Jaggan Limited, Jaggan Trading Company Limited, Jaggan Global Services Limited, Al-Nald Limited, Paper Warehouse Limited, Eastpoint Integrated Services Limited and De-Newlink Integrated Services Limited.

    Testifying before Justice Ayokunle Faji, the witness said Atewe laundered N4.9billion using the five companies.

    Ikem said he came in contact Atewe at the Villa Church where they both worship, when the JTF Commander was the Guard Brigade Commander.

    He said between July and September 2014, Atewe became the JTF Commander and invited him to Balyesa State.

    He said Atewe told him that he had been give a contract by the Federal Government for the maintenance of security and building of barracks.

    He said Atewe asked him if he had a company, as the money for the contract would be paid into its account. He said he gave Atewe the account details of the five companies.

    Ikem said his companies had no contractual agreement with JTF, neither was he a registered contractor nor supplied any goods or rendered any service to JTF.

    The witness said three days after his visit to Balyesa, he received alerts.

    He said when Atewe came to Abuja, he met him at Niger Barracks, where he was introduced to Engonzu (the third accused person), and said any money he received should be handed over to him.

    Ikem said he received N4.9billion, which he changed to $21,500,000 USD, from a Bureau De Change (BDC) operator named Jimoh.

    He said he handed the money to Engozu.

    The witness said he collected $950, 000 USD from one Chijioke, who is also a good friend of Atewe and gave it to Engozu.

    According to the witness, N4.1billion was converted to dollars out of N4, 915,163,103; the remaining balance was given to some companies and a church on Atewe’s orders.

    He said N35 million was paid to Living Faith Church, N103 million was paid to INP Limited, N107 million to First Investment Limited, while Lord Firm Limited, Ocean Gas, and Sisco Nobort were paid N99 million, N88 million and N297 million.

    Justice Faji adjourned till March 21, 22 and 23.

  • Alleged fraud: Filmmaker Egbegbe to remain in prison

    Alleged fraud: Filmmaker Egbegbe to remain in prison

    A filmmaker, Seun Egbegbe, will remain in prison until Tuesday next week because the Federal High Court in Lagos could not hear his bail application Wednesday.

    The Police Special Fraud Unit last Friday arraigned Egbegbe (also known as Olajide Kazeem), for alleged serial fraud involving N39, 098,100, $90,000 and £12,550.

    He was arraigned on 36 counts with Oyekan Ayomide, with whom he allegedly conspired to perpetrate the fraud between 2015 and this year. They were accused of defrauding Bureau De Change (BDC) operators.

    Defence counsel Miss. A. O. Gbadamoshi said she completed the process of filing the bail applications on Tuesday.

    Police prosecutor Innocent Anyigor said he was unable to file a counter to the applications as he was served yesterday, adding that he needed time to respond.

    Justice Oluremi Oguntoyinbo ordered that the defendants remain in prison custody until their bail applications are heard on Tuesday.

    The defendants allegedly defrauded no fewer than 30 Bureau de Change operators in Lagos between 2015 and February, mostly by falsely representing to the victims they had foreign currencies to sell to the BDC operators.

    The police alleged, for instance, that on February 2, 2017, Egbegbe and Ayomide fraudulently obtained the sums of N2.45m and £, 3,000 from one Alhaji Isa Adamu in Lagos under the guise that they wanted to see the naira and buy the pounds.

    The other victims of the alleged frauds by Egbede are Mohammed Sanni, who was allegedly defrauded of N2.46m on 2017 New Year day; Jubrila Ado, allegedly defrauded of N1.257m on September 9, 2016; Hassan Amodu, allegedly defrauded of N600,000 in January 2016; Sanni Hassan, defrauded off N1.43 and £2,750 in August 2015; Saidi Abdullahi, defrauded of N700,000 on April 18, 2016; Atairu Abdullaahi, defrauded of N1m on June 23, 2016; and Abdullahi Babadisa, defrauded of N650,000 in January 2016.

    Others are Abdurawan Hassan who allegedly lost N1.46m to Egbede on January 1, 2017; Suraju Garuba, who lost N850, 000 in July 2016; Abdullahi Mumini, who lost N2.15m in September 2016; Garuba Hassan, who lost N700, 000 on January 10, 2016 and Sanni Mohammed, who lost N1.89m on January 29, 2017.

    Also allegedly swindled by Egbegbe are Barowo Abdullahi, who lost N2.6m; Yahu Alidu, who lost N1.75m; Tairu Musa, who lost N2m; Mohammed Bello, who lost $300; Mohammed Usman, N450,500; Suleiman Shehu, who lost N1.276m; Ahmadu Abda, who lost N2m; Nairu Musa, who lost N1.007m; Sanni Mohammed, who lost N1.6m and $3,000.

    Others are Umaru Haruna, who lost N1.7m; Abubakar Musa, who lost $4,000; Abdulrasaq Sanni, who lost N1.7m; Abdullahi Babatunde, who lost N2.77m; among others.

    The police said the offence is contrary to Section 8 of the Advance Fee Fraud and Other Related Offences Act 2006 and were liable to be punished under Section 1(3) of the same.

    Egbede and Ayomide pleaded not guilty.

    Their trial will begin on March 10.

     

  • Ecobank seeks to appeal ruling in bankruptcy case against Otudeko

    Ecobank seeks to appeal ruling in bankruptcy case against Otudeko

    …. Honeywell Group chair opposes application

     

    Ecobank Nigeria Limited has applied to the Court of Appeal in Lagos for extension of time to enable it seek leave to appeal a ruling by Justice Babs Kuewumi of the Federal High Court in Lagos in a winding-up petition against chairman of Honeywell Group, Oba Otudeko.

    The bank initiated the bankruptcy proceedings against Otudeko over an alleged N5.5billion debt by virtue of loan facilities availed Honeywell Flour Mills Plc, Siloam Global Services Limited and Anchorage Leisures Limited, said to have been personally guaranteed by Otudeko.

    The appellant is seeking an order by the Appeal Court granting it leave to appeal the ruling delivered last February 19.

    The ruling followed the winding-up petition filed by Ecobank on October 17, 2015, accompanied by motion ex-parte and motion on notice.

    The bank said the petition was a bid to recover the money from Otudeko “considering  the looming and impending danger of having its banking licence withdrawn after the respondent failed to liquidate its indebtedness after several demands.”

    Justice Okon Abang, who first handled the case, asked the bank to put the respondent on notice to show cause. After being put on notice, Otudeko filed a motion on notice seeking to dismiss/strike out the petition.

    Justice Kuewumi, who took over from Justice Abang, ruled that he would accord higher priority to Otudeko’s motion on notice ahead of other pending applications.

    Dissatisfied with the ruling, Ecobank appealed. The Court of Appeal, last October 21, struck out the appeal on the basis that the appellant did not first obtain leave of the lower court before appealing.

    The bank is, therefore, seeking for reliefs to enable it invoke the Court of Appeal’s jurisdiction to entertain the appeal.

    “The applicant (Ecobank) ran out of time to appeal as a result of the previous proceedings in suit no CA/L/227/16 which was not determined on the merit as a result of failure to procure the needed leave.

    “The leave of this court is required to extend time to obtain leave of court to appeal the ruling of lower court. It is in the interest of justice that this application be favourably considered and granted accordingly,” the bank prayed.

    The bank, through its lawyer Mr Kunle Ogunba (SAN) is seeking a receiving order against Otudeko’s estate, funds, investment and shares in Honeywell Group, Honeywell Flour Mills, among other companies, as well as an order declaring him bankrupt.

    Ecobank prayed for an order commanding Otudeko to immediately avail it the companies’ statement of affairs as well as net worth and other credible financial details as required by the Bankruptcy Act.

    It asked for a consequential order empowering the bank to sell Otudeko’s properties wherever they are situated, as well as an order enabling it to utilise the investments or shares in companies in which Otudeko has interest.

    In a motion on notice, Ecobank, among others, is also seeking an interlocutory order appointing a special manager and receiver over Otudeko’s assets.

    But, Otudeko, in its counter-affidavit sworn to by Omolade Adeyemi, has urged the Court of Appeal to refuse Ecobank’s application.

    He said the bank had prosecuted the subject-matter of the appeal and judgment had been given in which the Court of Appeal upheld his preliminary objection and struck out appeal.

    The respondent said the appellate court also attended to the appeal on its merits, considered arguments by parties and affirmed the correctness of Justice Kuewumi’s ruling.

    “It is in the interest of justice to refuse the applicant’s application,” Otudeko said.

    In the lower court, the Honeywell Group’s chairman said the alleged debt “is neither ascertained nor undisputed.”

    He added that Honeywell Four Mills and its sister companies commenced a suit against the bank before another judge “owing to disagreements between it (Honeywell) and the respondent (Ekobank) as to the complete liquidation of their outstanding obligations to the respondent having regards to the terms and condition of the credit facility.”

  • EFCC’s trial of Ladoja for alleged N4.7b theft aborted

    EFCC’s trial of Ladoja for alleged N4.7b theft aborted

    The trial of former Oyo State Governor Rashidi Ladoja was aborted Tuesday after Justice Mohammed Idris of the Federal High Court in Lagos insisted that the Economic and Financial Crimes Commission (EFCC) must comply with the law.

    Eight years after he was first arraigned, EFCC re-arraigned Ladoja for allegedly converting N4.7billion from the state treasury to his personal use.

    He was charged along with Waheed Akanbi on eight counts of money laundering and unlawful conversion of public funds.

    Prosecution counsel Femi Olabisi called his first witness, an EFCC investigator, Abdullahi Lawal.

    As the operative was about to begin his testimony, Ladoja’s lawyer Bolaji Onilenle and Akanbi’s lawyer Adeyinka Olumide-Fusika objected to Lawal’s testimony on the basis that he was not listed as a prosecution witness.

    Onilenle said: “His name is not on the list of witnesses. We’re being taken by surprise. Section 379 of the Administration of Criminal Justice Act 2015 mandates the prosecution to make a list of witnesses available to defendants.”

    Olumide-Fusika also objected for the same reasons, saying they had no idea what the witness was going to say and was not prepared to cross-examine him.

    “EFCC ought to be ready before bringing us to court, not to start putting their house in order after arraignment. They must be ready before arraignment,” he said.

    Olabisi, who apologised for the commission’s lack of adequate preparation, said the case was prepared before the ACJA came into effect.

    He sought for more time to “put his house in order”, including getting his witnesses to prepare their statements.

    He asked that the dates previously fixed for the trial, including today and tomorrow, be vacated so he could have more time to prepare.

    Adebisi said some of his witnesses were in Abuja, Kaduna and Port Harcourt, so he would need enough time to prepare their witness statements.

    Although the defence counsel said Lawal could go on to testify to save time while EFCC updates its list of witnesses later, Justice Mohammed Idris said it would be better for the prosecution to comply with the law.

    He said: “Section 379 is mandatory. We’ll go with speed but in accordance with the law. Let’s do it within the ambit of the law. Let’s not overlook the issue and proceed.

    “The prosecution should ensure that a summary of the issues and list of witnesses are made available to the defence before trial commences.”

    Ladoja was first arraigned before Justice A.R. Mohammed in 2008, but he objected to the charge.

    He subsequently obtained a stay of proceedings after filing an interlocutory appeal, which was dismissed by the Supreme Court.

    The EFCC accused Ladoja and Akanbi 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 (about N240, 219,945) 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 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.

    Justice Idris adjourned until March 1 for trial.

  • How ex-Air Force Chief, Umar bought N2.38b houses in two years

    How ex-Air Force Chief, Umar bought N2.38b houses in two years

    …Renovated two with N140m

     

    A Federal High Court in Abuja heard Monday how a former Chief of Air Staff (COAS), Mohammed Dikko Umar allegedly bought five choice houses in Abuja, Kano and Kaduna valued at about N2.38billion within two years.

    The court was also told that Umar, who was COAS between October 2010 and September 2012, directed the payment of N558.2million to him monthly as upkeep allowances beside his legitimate earnings as an officer of the Nigerian Air Force (NAF).

    A former Director of Finance and Accounts at the NAF Headquarters, Abuja, Air Commodore Salisu Abdullahi Yushau (rtd), who disclosed this, said he believed that the funds Umar deployed to acquiring the five houses were from the N558.2m he got monthly.

    Yushau, who gave details of how the houses were bought by Umar, using different names, spoke as the first prosecution witness at the trial of Umar, who is facing a seven-count charge of money laundering. Umar, in the charge filed by the Economic and Financial Crimes Commission (EFCC), is accused of diverting United States dollars’ equivalent of N4.8b.

    Led in evidence by lead prosecution lawyer, Sylvanus Tahir, Yushau, who said he participated in the purchase of the houses upon instructions from Umar, said the ex-COAS spent about N140m to renovate two of the houses.

    Dressed in white native attire like Umar, who sat directly opposite him at the other end of the courtroom, Yushau, who said Umar facilitated his appointment as the Director of Finance and Account, testified for about two and half hours.

    As the witness spoke, Umar, who kept a straight face, occasionally stared at the witness when he (the witness) tried to describe, in detail, all that transpired.

    Throughout his testimony, Yushau kept referring to the defendant as “my boss, the then Chief of Air Staff,” to the extent where Tahir had to insist that he (Yushau) refer to Umar as the defendant, to avoid ambiguity in identification.

    The witness said, although he had indicated his intention to quit, Umar, who was so impressed with his performance, insisted that he served his (Umar’s) successor, Air Chief Marshal Alex Badeh.

    The witness said: “NAF was receiving about N4b monthly (a little above N4b, about N4.1b).  However, the actual figure that we usually paid as salaries monthly was between N2.3 to N2.4b.  The balance of about N1.6b was made.

    “From this N1.6b, the sum of N558, 200,000 was usually set aside for the upkeep of the Chief of Air Staff.  The sum of N120M was also earmarked for the office of the Director of Finance and Accounts.  But on assumption, I told the Chief of Air Staff that my office did not require that amount of money.

    “So, the sum of N120m was put under the Chief of Air Staff’s office, which he was using for visits to NAF formations and other welfare issues.  The balance of about N1b was used for training, maintenance of NAF assets, fleets, and other priority projects. These projects included barracks construction, renovation of barracks accommodation for officers and men, and any other projects that the Chief of Air Staff may wish to undertake.

    “This sum of N558, 200,000 was usually converted to USD and taken to him at home.  The money was usually brought to me by the Finance Officer, Headquarters NAF Camp by name, Group Captain Bukar.

    “In some occasions, I asked the Finance Officer to accompany me to his (COAS’) official residence at Niger Barracks, so that he can witness the delivery of the money to the Chief of Air Staff.  This practice lasted up till his retirement in Sept. 2012.

    “I believe he was using the money for whatever he wanted to do.  However, there were some properties which he purchased and I believe the money could be from the money we usually give to him,” the witness said.

    On how the houses were purchased, Yushau said: “Sometimes between November 2010 and January 2011, my boss, the Chief of Air Staff, the defendant called me and asked me to get somebody, who can find a house for him around Maitama, where he intends to settle down after his retirement.

    “I got a brother to a colleague of mine, Barrister Husseini Umar of Capital Law Firm and told him what my boss the D wanted.  After a couple of days, he came back to me and told me he has found a house at Vistula Close, off Panama Street Abuja. I went and inspected the place with him, and I informed the defendant that the lawyer has located a very nice house.

    “It was a 5-bedroom duplex, with a guest chalet, a swimming pool and 2-bedroom boys quarter attached to the house.  My boss, the defendant asked me to arrange for inspection.  Barrister Husseini Umar gave us a time in the evening and I went and picked the defendant. We went to the property where we met Barrister Umar in the evening. Because there was no light, I went with torchlight.

    “The defendant saw the house and was happy with it and gave the go-ahead to Barrister Umar to negotiate the purchase of the house.  The price of the house was then agreed at N700M. The defendant authorised the purchase and asked me to take the money from the money we normally give to him monthly. And I then directed the Finance Officer at the Hqts, Group Captain Bukar to give the lawyer the equivalent of N700M which was given to the lawyer in USD.

    “The defendant gave me the name on which the deed of assignment should be prepared.  That name was Mohammed Maijamaa.  I gave the name to Barrister Umar. After they completed the documentation of the purchase, the deed of assignment and power of attorney were brought to me for onward transmission to the defendant,” Yushau said.

    On the second house, he said the defendant called him sometime in early 2012 and told him to get him another property in Asokoro, because he (Umar) was tired of living in Maitama.

    He said through the efforts of Barrister Umar, a property at in Plot 1853 Deng Xiao Ping Street, off Mahima Mohammed Street Asokoro was got for the defendant, which he later bought at N850m.

    “This is a property of duplex of about 6 bedrooms, an underground hall, BQ, a gym, swimming pool, and 2 bed room guest chalets. Just like the previous house at Maitama, he also gave me the same name – Mohammed Maijamaa, for the preparation of the power of attorney and deed of assignment.

    “Thereafter Barrister Umar brought the title deed, the power of attorney and deed of assignment to me for onward transmission to my boss the defendant.   After that he said he wanted a mosque to be constructed, the fence to be redesigned, and the swimming pool to reduce the depth because of children.

    “So one Architect Saka was invited to carry out the job.  The price was agreed at 66m and my boss, the defendant gave the go-ahead for the payment to be effected.  That was the end of that transaction,” he said.

    On the third house, the witness said the defendant, sometime in 2011, directed him to scout for a house for him to buy in Kano, so that when he visits his home state, as the COAS, he will not need to rent accommodation.

    “So I went to Kano, and through a friend by name, Jubril Shuaibu Ala, we got an agent who helped us scout for a house.  That was how House No 14 Audu Bako Way Kano was purchased.  The house was a 7- bedroom duplex with an enclosed swimming pool, about 3 living rooms, a study, a lawn tennis court, and a squash court and also I think a 2-bedroom boy’s quarters.

    “The house belonged to one Sudanese by name Mustapha. I inspected the House, and came back to Abuja to brief my boss the defendant.  During our next visit to Kano, we went with him to the house at night.  He (Umar) inspected the house and met the owner and had some discussions with him.

    “Subsequently, the amount was agreed at N250m. The defendant, after returning to Abuja, gave me the money to pay in USD.  I called Jubril Shuaibu Ala, who facilitated the transaction to come to Abuja and collect the money.

    “I gave him the amount as agreed in USD. And he went and effected the payment.  I cannot remember the actual name he gave for the preparation of the title deeds, but all the documents were given to me and I handed over to the defendant,” the witness said.

    Yushau said he also assisted Umar to buy a property at No 8 Kabala Road Kaduna, from a former Commandant of Armed Forces Command and Staff College, Jaji, Air Vice Marshal Sunday Ali Leks.

    He said when the defendant told him he needed a property in Kaduna, “I told the defendant that there is this guest house that was sold to Leks and he wanted to sell it.  He told me knew the house but he did not want Leas to know he was the one buying.

    “So I got a friend by name Alhaji Kabiru Ismaila who was into properties to go and assess the value of the property and that my boss the D was interested in buying. Because I told him my boss the defendant didn’t want Leks to know he was the one buying, we agreed that Ismaila would buy the property in his name.

    “The price was agreed with Leks at N80m.  I told the defendant about the arrangement. He gave the money and asked me to purchase the property from Leas.  It was paid in the USD equivalent of N80m.

    “Thereafter my boss asked me to get somebody to reconstruct the house.  Alhaji Ismaila was also into this job.  He was subsequently given the job to reconstruct and add some structures within the house.  The price was agreed between N75m to N80m.  Alhaji Kabiru Ismaila completed the job and the house was handed over to the defendant,” the witness said.

    He said the last house was the one the defendant bought at Plot 3B, Street 2, Ministers Hill, Mabushi, Abuja at N500m.

    The witness said he got the house from a colleague, Group Captain Bukar, which he later gave the defendant to occupy when he was to vacate his official residence and his Asokoro house was not ready.

    “At that time, we could not get any property that we could let for one year. So, I remembered about this house at Mabushi. I met my boss, the defendant and asked him if they could manage that place at Mabushi.  I explained to him how I came about the place.

    “He told me to tell my wife to pick his wife and show her the place.  His wife was happy with the place when she saw it.  That was how they moved into the house to enable the new Chief of Air Staff move into the official residence.  They were living there up to the time I was retired on 31/12/13.

    “Sometimes early 2014 he told me that it was time for them to give me my house but I felt there was no way I could move into a house that was occupied by a former Chief of Air Staff.  I told his cousin brother, Abdullahi Mahmoud Gaya now a House of Representatives member, that there was no way I was going to stay in the house.  So if they move I would have to sell the place.

    “He (Gaya) went and discussed with his brother my boss the defendant. And sequel to their discussion, it was agreed that my boss, the defendant should pay me N500m for the house.  I told Bukar of the development and gave him the reason for taking the decision.

    “I subsequently collected from my boss the USD equivalent of N500m from his house, and I used part of the money to repurchase my No 8 Embu Street Wuse 2 from Bukar, who was at that time in the UK.  That was how the transaction ended,” Yushau said.

    At the commencement of the day’s proceedings, Tahir gave the prosecution’s opening statement, pursuant to the provision of Section 300 of the Administration of Criminal Justice Act (ACJA), during which he presented a picture of the prosecution’s case against the defendant and how it intends to lead evidence to prove its case.

    When Yushau ended his testimony, defence lawyer, Hassan Liman (SAN) sought a short adjournment for him to cross-examine the witness. Tahir did not oppose, following which the trial judge, Justice Nmandi Dimgba adjourned to February 16 for continuation of trial.

     

  • EFCC arraigns SAN, ex-minister for alleged money laundering

    EFCC arraigns SAN, ex-minister for alleged money laundering

    The Economic and Financial Crimes Commission (EFCC) Wednesday arraigned a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore at the Federal High Court in Lagos for alleged money laundering.

    He was arraigned along with a former minister of National Planning Prof Abubakar Suleiman before Justice Mohammed Aikawa on a five-count charge.

    EFCC accused them of conspiring to directly take possession of the N450million, which they reasonably ought to have known forms part of the proceeds of an unlawful act.

    The commission said they committed the alleged offence on March 27, 2015 contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

    In the second count, EFCC said they “directly took possession of the sum”.

    In the third count, the defendants were accused of conspiring to make cash payment of N450million, which “exceeded the amount authorised by law without going through financial institution”.

    The alleged offence, EFCC said, is contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b) of the same Act.

    In the fourth and fifth counts, they were accused of making cash payment of N450million to one Sheriff Shagaya without going through a financial institution.

    The sum, the prosecution said, exceeded the amount authorised by law and is contrary to Section 1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 16(2)(b) of the same Act.

    Belgore and Suleiman pleaded not guilty to all the counts.

    The SAN’s lawyer, Mr Ebun Shofunde (SAN), prayed the court to grant the first defendant bail on self-recognition.

    “Given his antecedents, I am asking that bail be on self-recognisance because he has always made himself available while on administrative bail.

    “He has being a Senior Advocate of Nigeria since 2001. He is not a threat and not likely to jump bail given his standing. He has also being a lawyer since 1985,” he said.

    Sulieman’s lawyer Chief Bolaji Ayorinde (SAN) also prayed the court to grant the former minister bail on self-recognition.

    “He is a renowned educationist, a professor of political science and international relations at the University of Abuja.

    “He has served this country as a minister in 2014. He has been involved in teaching and research for the past 30 years. He has graduated more than 10,000 students.

    “He voluntarily submitted himself to EFCC and never contravened the terms of his administrative bail.

    “I urge your lordship to grant him bail on self-recognition,” he said.

    EFCC’s lawyer Rotimi Oyedepo did not oppose the bail applications.

    He said: “We leave bail at your lordship’s discretion and pray that your lordship should impose conditions that will compel their attendance in court for trial,” he said.

    Ruling, Justice Aikawa granted the defendants bail on self-recognition.

    He said since the prosecution did not oppose the application, and considering the defendants’ standing in the society, “they will not likely jump bail.”

    “However, their international passports must be deposited with the Deputy Chief Registrar of this court and can only be released on court order,” the judge said.

    He adjourned till February 23 for trial.

  • N26m scam: Fani-Kayode seeks out of court settlement

    Former Aviation Minister, Femi Fani-Kayode on Monday, asked the Federal High Court Abuja, to adjourn his case to allow him explore other options of settlement aside from going to trial.

    Counsel to Fani-Kayode, Mr Ameh Raji (SAN) who made the application on his behalf said that since the sum of money involved was only N26 million, he believed that there were other options of settlement.

    Raji added that moreover, he was new on the case and would need some time to go over the facts of the case to enable him defend his client effectively.

    “My Lord, I am just coming into the case and so I crave your indulgence to enable me familiarize myself with the case.

    “Secondly, looking at the facts of the case and the money involved, I believe that there are other options we can explore.

    “The case involves the sum of N26 million and the law allows you to explore the option of plea bargain and so many other options rather than go through trial,” Raji said.

    He said that if the Economic and Financial Crimes Commission (EFCC) was amenable to plea bargain, the defence would take the option.

    The prosecuting counsel, Mr. Johnson Ojogbane said he was not opposing the application.

    Ojogbane, however, asked the court to take cognizance of the fact this was the second adjournment at the instance of the defence and asked for a definite date to commence trial.

    The judge, Justice John Tsoho adjourned the matter till March 14 for commencement of trial.

    The News Agency of Nigeria (NAN) reports that the Fani-Kayode was arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Tsoho on a fresh five-count charge bordering on money laundering.

    The ex-aviation minister was accused of allegedly collecting N26 million from the Office of the Former National Security Adviser, Sambo Dasuki and using same for media campaign.

    Count two of the charge read that;” You Femi Fani-Kayode, converted N26 million cash paid from the office of the National Security Adviser for the purpose of media campaign when you ought to have reasonably known that the said funds formed part of an unlawful act contrary to section 15 (2) (b) of the Money Laundering Act.”

    Following the argument of his bail application by the counsel who represented him on that day, Mr Ifedayo Adedipe (SAN), he was admitted to bail in the sum of N50 million and one surety in like sum.

    NAN also reports that Fani-Kayode is facing another 17 -count charge of money laundering before the Lagos division of the court.

     

  • Fraud: EFCC re-arraigns ex-JTF commander, Akpobolokemi, others

    Fraud: EFCC re-arraigns ex-JTF commander, Akpobolokemi, others

    The Economic and Financial Crimes Commission (EFCC) on Friday re-arraigned before a Federal High Court, Lagos,  a former Joint Task Force (JTF) commander, Maj. Gen. Emmanuel Atewe, and three others over N8.5 billion fraud.

    Atewe is charged alongside Patrick Akpobolokemi, a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) and two other staff — Kime Engonzu and Josephine Otuaga.

    The accused are standing trial on an amended 22-count charge bordering on fraud.

    Their re-arraignment was a sequel to the transfer of the former trial judge, Justice Saliu Saidu from Lagos to the Port Harcourt Division of the Federal High court.

    The News Agency of Nigeria (NAN) reports that the plea of the accused was taken afresh before the new judge, Justice A.O Faji.

    Defence counsel urged the court to allow the accused to continue on the earlier bail granted by the previous judge.

    Based on the applications of the counsel, the judge ruled that the accused should continue on their bails.

    At the last adjourned date, the EFCC had examined a prosecution witness, Mr Adamu Yusuf, who told the court how the accused converted about N4.9 billion to dollars.

    Yusuf said the accused used different companies and accounts to launder billions of money from the account of the Joint Task Force Operation.

    The witness further testified that during the investigation, letters of request were sent to GTbank, Heritage Bank, Diamond Bank, Stanbic-IBTC Bank, as well as First City Monument Bank (FCMB) demanding the account statements of beneficiaries of the account.

    The anti-graft agency had alleged that the accused conspired to defraud NIMASA of N8.5 billion using six companies, namely — Jagan Ltd, Jagan Trading Company Ltd, Jagan Global Services Ltd, Al-Nald Ltd, Paper Warehouse Ltd,  Eastpoint Integrated Services Ltd and De-Newlink Integrated Services Ltd.

    The EFCC claimed that the accused committed the fraud between Sept. 5, 2014, and May 20, 2015, in contravention of Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and Section 390 of the Criminal Code Act, Laws of the Federation, 2004.

    The court has fixed Feb. 13 and Feb. 17 for the commencement of trial.

  • Ex-FCT minister’s son granted bail

    Ex-FCT minister’s son granted bail

    The Federal High Court, Maitama Abuja, on Friday granted  Shamsudeen Bala, son of former FCT Minister, Mr Bala Mohammed, bail in the sum of N100 million.

    The presiding judge, Justice Nnamdi Dimgba, also ordered Bala to produced two sureties in the sum of N50 million each, as part of the bail condition.

    The defendant is also to deposit his international passport with the court and must not travel without the permission of the court.

    The judge further ordered that the defendant should remain in prison custody until he perfects his bail condition.

    Bala, alongside four other companies, was arraigned on Feb. 1 by the Economic and Financial Crimes Commission (EFCC), on a 15-count charge, bordering on money laundering to the tune of N1.1 billion.

    He pleaded not guilty to the charges and was remanded in prison custody, pending the ruling on his bail application.

    At the resumed hearing, Justice Dimgba said that he was disposed to granting him bail since the offences he was accused of were bailable.

    Dimgba said that the court had consistently held that every citizen brought before the court was presumed innocent until proven otherwise and as such entitled to bail.

    The judge added that the prosecution had failed to prove that the defendant was a flight risk.

    “A sufficient case has not been made by the prosecution to show that the defendant will jump bail or commit another offence if released on bail.”

    Dimgba also noted that the charge preferred against the defendant was silent on whether the N1.1 billion in question originated from a private or public account or was part of corrupt proceeds.

    The prosecutor, Mr Larry Aso, had opposed the bail application on the grounds that the defendant had refused to provide the EFCC with his bio data and finger prints.

    Aso told the court that this was indicative of the fact that his character was not to be trusted as he was likely to frustrate the trial and jump bail if granted.

    The matter was adjourned till March 27 and 28 for hearing.

    The News Agency of Nigeria (NAN) reports that Bala was arraigned together with four companies, Bird Trust Agro Allied Ltd, Intertrans Global Logistics Ltd, Diakin Telecommunications Ltd, and Bal-Vac Mining Nigeria Ltd.

  • Court appoints provisional liquidator for Temple Energy

    Court appoints provisional liquidator for Temple Energy

    The Federal High Court in Lagos has made an interlocutory order appointing its Chief Registrar as provisional liquidator of Mettle Energy and Gas Limited.

    Justice Jude Dagat made the order based on application by Ecobank Nigeria Limited.

    Mettle Energy has, however, filed a notice of appeal to challenge the order.

    The court ordered the Chief Registrar to take charge and custody of all identified/traceable assets, properties, funds in banks and other financial institutions belonging to Mettle Energy.

    The provisional liquidator is also to take over moveable and other traceable assets of the respondent within Nigeria pending the hearing and final determination of Ecobank’s winding-up petition.

    Justice Dagat made a consequential order of interlocutory injunction restraining the energy firm’s directors or employees from tampering with its funds in any bank, until the winding-up petition is determined.

    The judge, in the January 17 order, also barred Temple Energy and its agents from alienating or dissipating its assets, including machinery and tools of trade, pending the hearing and determination of the petition.

    The respondent and its directors were also barred from interfering with or disturbing the provisional liquidator.

    Ecobank, through its lawyer Kunle Ogunba (SAN), said it availed Temple Energy facilities which it allegedly failed to repay.

    The bank filed a petition, following which the respondent proposed and executed a terms of settlement after protracted negotiations.

    “Despite the magnanimity/concessions extended the respondent leading to the terms of settlement, the respondent failed, refused and/or is unable to comply with the repayment plan duly covenanted,” the bank said.

    In the terms of settlement, it was agreed that Mettle Energy would pay N245million out of a debt of over N781million.

    Ecobank is praying that the company be wound up in line with sections 409 (1) and 410 (1) and (b) of the Companies and Allied Matters Act, Cap 20, 2004.

    But, Mettle Energy has filed a motion on notice for stay of execution of the order pending the hearing and determination of its appeal against the ruling.

    The respondent also sought an order restraining the Chief Registrar from acting as the provisional liquidator.

    In its appeal, the respondent said the judge erred in making the order because there was no valid advertisement of the respondent’s petition for winding-up.

    Justice Dagat adjourned till February 28.