The Nation Newspaper

Tag: fraud case

  • Ex-lawmaker to senator: focus on N1.2b fraud case

    EX-House of Representatives member from Akwa Ibom State Bassey Etim has asked Senator Bassey Albert Akpan to focus on his N1.2 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).

    Etim, who represented Uyo/ Ibesikpo Asutan, Nsit Antai/ Uruan, said the Chairman Senate Committee on Gas should not use his case with the EFCC and others to justify his alleged poor performance.

    Akpan, representing Akwa Ibom North East, had told reporters at the NUJ Press Centre, Uyo, that cases against him by Bassey Etim, had impeded his performance in terms of delivering of democratic dividends.

    Reacting to the claim in a statement, Etim’s Media Assistant Uyime Jonah maintained that Akpan’s mandate is a stolen one, and cited a newspaper report where Akpan admitted under oath that he received six vehicles, valued at N303 million.

    The money is said to be part of Senator Bassey Albert’s share based on the advice of ex-National Security Adviser (NSA), Col. Sambo Dasuki .

    “The vehicles are gifts from Jide Omokore on the need to ensure my personal safety. I have known him for 19 years. They are also contributions to my governorship campaign in 2014” Akpan had told the court.

    The Media assistant, described as “ridiculous “Senator Akpan’s claim stressing that there has never been any politician in the country without one form of court cases or the other,  and yet they have been performing and representing their constituents effectively.

    “Senator Akpan should not tie his non-performance to court cases, as even in his secondary school days he had to take up a remedial programme at the college of Arts and Science to remedy his poor performance at the West African School Certificate Examination (WAEC)”.

    Jonah said the only performance that could be ascribed to him is the area of fraud as he is being alleged to have owned property in London, valued at one million pounds as shown by the Serious Fraud Office (SFO) in the United Kingdom.

    The statement further added that “Bassey Albert was commissioner for Finance in Akwa Ibom for seven years after working in the bank and could not have legitimately earned so much as to own a property worth one million pound Sterling”.

    The duo are at the Supreme Court, where Etim is challenging the Appeal Court judgment, which set aside the ruling of a federal court sitting in Uyo in his favour  in the matter of eligibility in the 2014 Peoples Democratic Party (PDP) senatorial primaries for Akwa Ibom North East.

     

     

     

  • Alleged N400m fraud: Judge refuses to disqualify himself

    Alleged N400m fraud: Judge refuses to disqualify himself

    Justice Ayo Emmanuel of the Jos Federal High Court on Friday refused to disqualify himself in an alleged N400 million fraud case.

    The judge announced the decision in his ruling on an application filed before him by a defence counsel.

    The counsel, Mr. Uche Mgbemena, had in a motion raised on Thursday, asked Justice Emmanuel, who is hearing the alleged fraud case, to disqualify himself and the EFCC’s prosecution, Mr Cosmas Ugwu.

    Mgbemena represents Mr. Ibrahim Suleiman, who has been standing trial since 2007 for alleged involvement in hacking into the system of the defunct First Inland Bank plc.

    He is being accused of transferring and distributing the amount into his private account and different others without the knowledge of the bank.

    But Justice Emmanuel, in his ruling, described the allegations or bias and having an “unholy relationship’’ with the prosecution counsel, levelled against him by the accused as “mere speculations”.

    “The allegation of bias is a serious matter more so when labeled on a judge of my person; such allegation must be supported by clear evidences and not mere speculations as deduced by the defence counsel.

    “It’s not good for the defence counsel to be suspicious of every move of the presiding judge; more so in all the proceedings in this case, there was nowhere in which the issue of bias could be said to have surfaced.

    “Such allegation raised without any concrete evidence is not acceptable, ’’ the judge declared.

    Commenting on the call to disqualify the prosecution counsel, the judged said “there is nowhere in law, where it is said a lawyer who deposed to a counter affidavit should be disqualified from the case his is handling”.

    On his (judge) alleged “unholy relationship’’ with the prosecution counsel, Emmanuel asked “when has the corridor leading to the chamber of a judge has become a place for litigants to loiter about and for a lawyer to be seen with him?’’

    He further asked, “What will a judge be discussing with a lawyer in his chamber for more than an hour?’’

    The judge described the allegation as “scandalous and scrupulous’’.

    According to him, it’s expedient upon the defence counsel and his client to fear God and speak the truth in the temple of justice and not to raise frivolous allegations against his person and the prosecutor.

    “It’s not in my character or practice to allow any lawyer into my chamber nor converse with them outside the court room.

    “Consequently, I will return a negative answer to the application and therefore it’s hereby refused and dismissed for lack of merit,’’ the judge declared.

    Mgbemena had, in a motion filed before the court on Thursday, accused the judge of bias and having an “unholy and unethical relationship’’ with the prosecution counsel.

    “My Lord, we hereby depose that your lordship’s biased comments against our client and your unethical relationship with the prosecution counsel has made the accused uncomfortable and afraid of obtaining a fair trial.

    “My client, together with his brother in-law, after our last sitting, saw the prosecution counsel entering into your chamber and stayed for over an hour before coming out.

    “I hereby urge your Lordship to recuse himself from the case and also disqualify the prosecution counsel for having personally deposed to a counter affidavit dated Sept. 8, 2017 in response to the defendant’s application, ’’ the defence counsel urged the court.

    But Ugwu, the prosecutor, challenged the application, which he described as “very outrageous and contrary to the law’’ which did not disqualify any counsel who deposed to an affidavit of a defendant.

    However, the judge adjourned the case to Nov. 15, 16 and 17 for continuation of hearing.

  • Court rejects Diezani’s bid to join $1.6b crude fraud case

    Court rejects Diezani’s bid to join $1.6b crude fraud case

    A FEDERAL High Court in Abuja has refused the request by former Petroleum Minister Diezani Alison-Madueke to be joined as a party in the trial of businessman, JIde Omokore and five others accused of being involved in a $1.6 billion crude oil fraud.

    In a ruling yesterday on her application, Justice Nnamdi Dimgba said her request, if granted, would alter the progress being made in the ongoing trial of Omokore and others.

    The judge struck out count eight of the nine-count charge on which Omokore and others are being tried. Mrs. Alison-Madueke’s name featured in the case.

    Justice Dimgba said the prosecution was at liberty to file a separate charge, reflecting Mrs. Alison Madueke as a defendant to enable her participate in the proceedings and defend herself.

    The Economic and Financial Crimes Commission (EFCC), in July last year, filed the nine-count charge against Omokore and others, accusing them of engaging in criminal diversion of about $1.6 billion said to be part of proceeds of sales of petroleum products belonging to the Federal Government.

    Other defendants in the case include former Managing Director of the Nigerian Petroleum Development Company (NNPC) Victor Briggs; a former Group Executive Director, Exploration and Production of the NNPC Abiye Membere; a former Manager, Planning and Commercial of the NNPC David Mbanefo and two companies – Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited.

    Although it did not name Mrs. Alison-Madueke as defendants in the charge, the EFCC, in count eight of the charge, accused Mrs. Alison-Madueke of working with Biggs, Membere and Mbanefo to aid Omokore in the commission of money laundering offence.

    They were said to have committed an offence contrary to Section 18 (a) of the Money Laundering (Prohibition) Act 2011 (as amended and punishable under Section 15 (3) of the same Act.”

    Trial had since commenced in the case, with the prosecution calling three witnesses, who have also been cross-examined by the defence. But, in August this year, Mrs. Alison-Madueke filed an application to the court seeking to be made a party in the case.

    She accused the prosecution of deliberately excluding her as a party in the case, despite the allegation against her in count eight, to deny her the opportunity of defending herself and clearing her name.

    Mrs. Alison-Madueke, represented by Onyechi Ikpeazu (SAN), urged the court to direct the prosecution to amend the charge to include her name as defendant and to mandate the Attorney General of the Federation (AGF) to ensure her presence in court on the next hearing date of October 5.

    The prosecution objected to Mrs. Alison-Madueke’s prayers, arguing that it was a ploy for her to evade her impending trial in the United Kingdom (UK).

    The EFCC, in a counter-affidavit, gave details of its efforts, before now, to have audience with Mrs. Alison-Madueke in the course of investigating the case, but was denied by her agents.

    It stated that the ex-minister absconded from the country to avoid being investigated and prosecuted for her alleged offence. It said the application was intended to stall proceedings in the trial of her alleged associates in Nigeria.

    The EFCC said: “The applicant (Mrs. Alison-Madueke), who knows fully well that she is on bail in the UK, where she is being investigated for several financial crimes, and that she would not be able to leave that country in view of the on-going investigation and imminent trial, is seeking the order of this court to include her name on the face of the charge in order for her to escape from investigation and prosecution in the United Kingdom.

    “The investigation already conducted pursuant to paragraph eight above by the commission (EFCC) revealed a monumental case of fraud, abuse of office, stealing of public funds, laundering and illegal acquisition of properties and the instant charge is just a little fraction of the fraudulent activities linked to the applicant.”

    After listing to Ikpeazu (for Alison-Madueke) and Mohammed Abubakar (for the EFCC) argued in favour and against the application, Justice Dimgba refused to order the prosecution to include the ex-Petroleum Minister’s name in the charge.

    He, however, held that granting Mrs. Allison-Madueke’s prayer will present very great complications for all parties in this case”

    The judge said granting such amendment to the charge by inserting the former minister’s name in the list of defendants implies that the trial will have to start afresh, a development, he said, would undermine the progress made in the case and result in the loss of the enormous resource of time that has been invested in the trial.

    Justice Dimgba said the solution before him was to strike out the count in which the ex-minister was named in order to preserve the rights of the prosecution, the defence and the applicant.

  • Bamaiyi: Court to rule on $330,000 fraud case Dec. 21

    Bamaiyi: Court to rule on $330,000 fraud case Dec. 21

    An Ikeja High Court   will, on December 21, rule on a $330,000 fraud allegation against a former court registrar, Mrs. Oluronke Idowu Rosulu.

    Justice Lateef Lawal-Akapo fixed the date after adoption of final written addresses by parties.

    Rosulu is being prosecuted by the Economic and Financial Crimes Commission (EFCC) for conspiracy and obtaining money under false pretence.

    Defence counsel Bamidele Ogundele told the court that the EFCC did not prove its case, as no evidence was led to show that the defendant visited Kirikiri Prisons and collected the said $330,000.

    Ogundele added that the prosecution also failed to prove through documentary evidence that the defendant met Fred Ajudua and others or obtained money by false pretence from Lt-Gen Ishaya Bamaiyi (rtd).

    The lawyer said the EFCC did not conduct an identification parade for Bamaiyi to identify the defendant.

    He urged the court to discharge the defendant and acquit her of the allegations.

    Prosecution counsel Seidu Atteh, who called six witnesses and tendered 10 exhibits, argued that an accused could be convicted based on a confessional statement and circumstantial evidence.

    Atteh added that Bamaiyi’s eyewitness testimony that the defendant collected the alleged amount was neither challenged nor contradicted.

    He said: “The defendant merely denied going to Kirikiri.

    “The fact that the prison officer did not adhere to the regulation of conducting a visit to the prison cannot be a defence by the defendant to the charge before this court.”