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Tag: Jonathan’s ex-aide

  • Jonathan’s ex-aide opposes EFCC’s bid to amend N1.6b fraud charge

    FORMER President Goodluck Jonathan’s former aide Dr. Waripamo-Owei Dudafa yesterday opposed an application by the Economic and Financial Crimes Commission (EFCC) to amend a fraud charge against him.

    His lawyer Gboyega Oyewole (SAN) urged Justice Mohammed Idris of the Federal High Court in Lagos to strike out the amended charge.

    Arguing a notice of preliminary objection, Oyewole said the amendment would prejudice his client’s case.

    The prosecution had closed its case and parties filed their written addresses.

    Oyewole argued that Justice Idris, who was elevated to the Court of Appeal, lacked jurisdiction to allow the amendment as he was only empowered to conclude cases.

    He said: “We are praying the court to strike out the amended charge or discountenance it. This court, as constituted, is a special court.

    “Your lordship, having been elevated to the Court of Appeal, is only empowered to conclude part-heard cases.

    “An amended charge is a fresh charge. Can your Lordship, empowered to only come and conclude part-heard matters, hear a fresh case?”

    He said if the judge allowed the re-arraignment, it would prejudice his client’s case.

    He said having read Dudafa’s written address, EFCC probably realised that there were loopholes in its case and then filed the amended charge.

    But, prosecuting counsel Rotimi Oyedepo said even before final addresses were filed, he had given the defence notice of the amendment.

    “Before the filing of final addresses, the prosecution had in the open court given the defence notice to amend the charge in line with the evidence led.

    “We had assured my Lord that this case is not starting de-novo because we’re not calling more witnesses.

    “The amendment has not divested my Lord of the power to go on with the case pursuant to Section 396 (7) of the ACJA,” he said.

    Justice Idris adjourned until today for ruling.

     

  • Jonathan’s ex-aide closes defence in N1.6 billion fraud case

    Ex-President Gooluck Jonathan’s former aide Dr Waripamo-Owei Dudafa and his co-accused yesterday closed their defence in their trial for alleged money laundering.

    Justice Mohammed Idris of the Federal High Court in Lagos fixed November 12 for possible adoption of written addresses by parties.

    It is subject to the judge being granted leave to continue with the case by the Court of Appeal to which he has been elevated.

    The Economic and Financial Crimes Commission (EFCC) arraigned Dudafa and Joseph, a banker, on June 11, 2016 on a 23-count charge of conspiracy to conceal proceeds of crime amounting to N1.6 billion.

    Prosecuting counsel Rotimi Oyedepo concluded his cross-examination of Joseph yesterday.

    A video clip showing Dudafa and his co-accused being interrogated by an EFCC official was shown in court.

    Oyedepo told the court that Joseph was not a credible witness because he failed to disclose during evidence that he had been sacked by his employer.

    The prosecutor tendered the termination letter issued to Joseph by the bank, which was admitted as an exhibit.

    While cross-examining Joseph who gave evidence in his defence, Oyedepo accused the defendant of laundering funds through his son’s bank account.

    Joseph confirmed that his son was born on December 28, 2006 and that he opened an account for him soon after.

    Oyedepo asked Joseph to confirm that he deposited various sums, such as N9.5million on January 22, 2014, which he did.

  • Jonathan’s ex-aide, others forfeit N5.7bn, 8 houses to FG

    A Federal High Court in Abuja on Friday agreed to the final forfeiture of N5,734,785,000 and eight houses located in Abuja to the Federal Government. The money and houses were part of N6,584,785,000; US$222,000 and N2,028,800,000 worth of shares in Aso Savings Limited, which the Economic and Financial Crimes Commission (EFCC) said were part of proceeds of the sale of the Power Holding Company of Nigeria (PHCN) allegedly diverted by some senior officials of the Federal Government under ex-President Goodluck Jonathan. In court documents, the EFCC identified the senior government officials to include then Chief of Staff to Jonathan, Brig.-Gen. Arogbofa (retd), the then Accountant- General of the Federation, Jonah Otunla, and the then Permanent Secretary in the Ministry of Power, Dr. Godknows Igali.

    Others also identified were Robert Azibaola; former Director- General of Bureau for Public Enterprises, Benjamin Dikki; and former Minister of State for Power, Mohammed Wakil. In a ruling yesterday, Justice Nnamdi Dimgba agreed to the claim by a lawyer, Matthew Burkaa to the effect that part of his clients’ legitimate earnings, funds allocated for the execution of actual contracts and their assets were wrongly included in EFCC claim. Burkaa’s clients – PJO Ventures Limited and Mrs. Cecilia Osipitan – were engaged for the payment of insurance entitlements for some ex-staff of PHCN, a project they were yet to fully execute as at when the EFCC intervened shortly after the 2015 change of government. Justice Dimgba, in the Friday ruling, agreed with Burkaa that his clients’ assents and funds were wrongly grouped with the funds and property the EFCC claimed were diverted from the PHCN sale proceeds. He said only N5,734,785,000 (of the entire funds said to have been diverted) and eight properties (of the about 12 classes of properties) identified by the EFCC could be ordered to be “finally and permanently forfeited to the Federal Government. The judge said US$222,000 and N850m out of the total N6.84bn as well as about four properties (identified as schedule 1 to 3 and a unit in schedule 4) have been sufficiently claimed by Burkaa’s clients and could not be legitimately forfeited to the FG.

    The ruling was on an application by the EFCC for a permanent forfeiture of the funds and properties on which the court had earlier granted an order for interim forfeiture. The court had on January 17, 2018, granted an order of interim forfeiture of N6,584,785,000 and US$222,000 as well as N2,028,800,000 worth of shares of Aso Savings Ltd, all of which were linked to the alleged crime. In excluding Burkaa’s clients, Justice Dimgba noted that, of all those linked with the alleged diversion of proceeds from PHCN sale, on Mrs. Osipiatan and PJO were able to show that they were applying the assets for the legitimate contract for settling the entitlements of deceased ex-employees of the PHCN, as they were meant for. The judge said contrary to EFCC’s claim that the assets were either unclaimed or were proceeds of crime, Mrs. Osipitan and JPO were able to show that they had “sufficient interest” in the assets and that the assets were being applied for legitimate purposes which they allocated for. Justice Dimgba noted that Burkaa’s clients raised “triable issues” which could not be resolved by the application for final forfeiture. The judge said should the EFCC feels otherwise it could file necessary criminal charges rather than seek “the easy route” which required a lower standard of proof. He noted that contrary to EFCC’s claim that the assets were either unclaimed or were proceeds of crime, Osipitan and JPO were able to show that they had “sufficient interest” in the assets and that the assets were being applied for legitimate purposes which they allocated for.

    He said both Osipitan and PJO Ventures raised “triable issues” which could not be resolved by the application for final forfeiture. He however agreed with lawyer to the EFC, Ben Ikani, to the effect that what was left of the funds and properties, after the ones claimed by Burkaa’s clients remained unclaimed, and should be finally and permanently forfeited to the Federal Government. While discharging the interim forfeiture order in respect of $220,000, N850m the four properties, Justice Dimgba said the balance of N5.7bn in the EFCC’s Recovery Account and eight assets “shall be finally and permanently forfeited to the Federal Government for the reason that no one has come to claim them.”

    The judge granted an uncontested motion by Igali for among others, an order that he be excluded from the case as an alleged owner of the confiscated properties, in respect of which the judge made a forfeiture order The EFCC, had through a member of its Special Investigation Committee, Madaki Yakubu, who deposed to a supporting affidavit, explained that it, in August 2006, received intelligence report concerning the looted N27bn proceed of the PHCN sale. The investigating officer explained that the sum of N27bn, which was part of the proceeds of the sale of PHCN, was released upon a recommendation by Bureau for Public Enterprises and presidential approval, for settlement of insurance premiums for PHCN’s disengaged employees. He said the money was released to Great Nigeria Insurance. He said there were however hiccups that arose in the process of paying the money to GNI Plc, but instead of returning the money to the treasury, “some unscrupulous public officials conspired among themselves and misappropriation the funds.

    “Investigation revealed that the funds, less taxes, which amounted to the sum of N26,236,594,986 was fraudulently paid to BBIL for further sharing to the conspirators ostensibly to collate details of beneficiaries, verify their claims and effect payment of group life and group accident insurance claim.” EFCC had, in its ex parte application for the interim forfeiture of the assets, named top government officials of the past administration of former President Goodluck Jonathan in the alleged diversion of about N27bn proceeds of the sale of PHCN. It alleged that of the N27,188,232,208 allegedly misappropriated by government officials, N6,584,785, US$222,000, and N2,028,800,000 worth of shares of Aso Savings Ltd had been recovered from the suspects. The EFCC said, apart from the shares in Apo Savings, 12 properties and pieces of land located in Lagos, Ibadan and Abuja, allegedly procured with proceeds of the alleged diversion, were also recovered.

  • EFCC to court: dismiss Jonathan’s ex-aide Dudafa’s no-case submission

    THE Economic and Financial Crimes Commission (EFCC) yesterday urged the Federal High Court in Lagos to order ex-President Goodluck Jonathan’s former aide, Dr. Waripamo-Owei Dudafa, to open his defence.

    The anti-graft agency prayed the court to dismiss the no-case submissions filed by Dudafa and his co-accused, Mr. Iwejuo Joseph Nna, a banker.

    EFCC arraigned them before Justice Mohammed Idris on 23-counts of conspiracy to conceal proceeds of crime amounting to over N1.6 billion on June 11, 2013.

    The prosecution closed its case on March 16, but the defendants opted to make a no-case submission.

    Moving the applications, defence counsel Gboyega Oyewole (SAN) (for Dudafa) and Ige Asemudara urged the court to discharge and acquit their clients as the evidence led by the prosecution did not indict them.

    “We urge your lordship to hold that no case has been made out against the first defendant to warrant his being asked to enter a defence,” Oyewole said.

    The SAN said the money Dudafa was accused of laundering was given to him by his bosses, adding that there was no evidence that the funds were stolen.

    “The first defendant has stated the source of the money. He was an aide. And there is nothing to show that the money came from a criminal source,” Oyewole said.

    Asemudara faulted the prosecution’s claim that the money was allegedly obtained from the Central Bank of Nigeria (CBN) based on an instruction letter by former National Security Adviser (NSA) Col. Sambo Dasuki (retd).

    “Nothing was tendered showing that the money Dasuki requested left the CBN. There must be a debit note to show that the money left. In the absence of that, it cannot be said that there was a crime,” he said.

    Besides, Asemudara said his client, a bank branch manager in Yenegoa, the Bayelsa State capital, had no link with the companies in whose accounts the money was kept.

    “These monies were in the ordinary books of the bank and were not hidden under a pillow. If indeed there was concealment, it must be by the bank and not the branch manager who is an employee.

    “The accounts were accessible and so the issue of concealment could not have arisen. We urge your Lordship to discharge the second defendant on all the counts,” Asemudara said.

    But, prosecuting counsel Nnaemeka Omenwa argued that the prosecution, through its seven witnesses and exhibits tendered, made out a prima facie case against the defendants to require them to enter their defence.

    He said there was evidence that Dudafa asked Nna to raise drafts in respect of the monies, adding that it was Nna who signed on the companies’ accounts using fictitious names.

    “The evidence on record shows clearly that the first defendant was appointed by the Federal Government as the Senior Special Assistant to the President on Domestic/Household and Social Events between 2012 and 2015.

    “The evidence on record shows that in the course of this service, huge sums of money, which are not the first defendant’s salary and allowances, were traced to the accounts, which he procured the second defendant to open, maintain and operate in fictitious names.

    “The second defendant, who at the material time was the Branch Manager in Yenogoa branch of Heritage Bank, acceded to the request of the first defendant and agreed with him to conceal these funds in the accounts opened in the name of Seagate Property Development and Investment Ltd, Avalon Global Property Development Company Ltd, Ebiwise Resources, Pluto Property and Investment Company Ltd, Rotato Interlink Services Ltd and De Jakes Fast Food and Restaurant Nigeria Ltd.”

    EFCC said the evidence on record established a prima facie case that the funds were received in foreign currencies from Dudafa by Murtala Bashir Abubakar through the state house staff and that Abubakar thereafter converted the currencies to naira and credited the accounts nominated by Dudafa “in grand conspiracy with the second defendant.”

    “We, therefore, urge my lord to hold that the prosecution has made out a case of conspiracy against the defendants as alleged in counts 1,” EFCC said.

    Justice Idris adjourned till July 6 for ruling on the no-case submission.

     

     

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

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

    THE Federal High Court in Lagos yesterday 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 a 23-count of conspiracy and conspiring to conceal proceeds of crime amounting to over N1.6 billion 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 “tormented” by EFCC 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.
    “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 till June 21 for continuation of trial.

  • EFCC denies starving Jonathan’s ex-aide in detention

    EFCC denies starving Jonathan’s ex-aide in detention

    THE Economic and Financial Crimes Commission (EFCC) yesterday said it did not starve a former Senior Special Assistant to ex-President Goodluck Jonathan on Domestic Affairs Dr. Waripamo-Owei Dudafa while in detention.
    Dudafa had claimed while testifying in a trial-within-trial that he was “tormented” by EFCC in a bid to get him to implicate the former President.
    He said he was denied access to his relatives, adding that he was not given food for some period.
    “It is not correct that I had access to relatives, who brought food for me,” Dudafa said.
    But during cross-examination yesterday, EFCC’s lawyer Rotimi Oyedepo exhibited a record of those who visited Dudafa and what they brought for him.
    Oyedepo said last April 27, one Okebuwa brought food items to Dudafa in detention, including rice, chips, meatpie, chickenpie and unripe plantain.
    The lawyer said the following day, Okebuwa brought plantain and roasted fish, while on April 29, he brought eba, yellow soup, rice, salad and later brought rice, stew and banana for Dudafa.
    Oyedepo said the same person also brought eba and stew for Dudafa on April 30, as well as rice, stew, yam and fried fish the following day.
    The EFCC prosecutor said on May 2, Dudafa had unripe plantain and pepper-soup brought to him. He said beans, plantain and bread were brought to him on May 3, while he had apple and soup on May 5, rice, beans, stew and eba on May 6, and rice, pepper soup and banana on May 9.
    Each time Oyedepo asked Dudafa to confirm if the food was brought to him, he said: “I don’t know.”
    He adjourned the trial-within-trial to February 21.

  • Jonathan’s ex-aide Niboro joins APC

    A former Managing Director of the News Agency of Nigeria (NAN), Mr Ima Niboro, has joined the All Progressives Congress (APC).

    Niboro was ushered into the party yesterday at his home in Udu Local Government Area of Delta State.

    Speaking with NAN, Niboro said: “My membership of the APC is true.”

    The former Senior Special Assistant on Media to former President Goodluck Jonathan said his membership of the APC was meant to align Delta State with the government at the national level and to galvanise development.

    He said: “It is not a sudden switch. I have had 18 months to study the situation as it concerned my ward, local government, community and even my state.

    “I have to conclude that there is time for everything. This is the time for us in Delta State to link up with the Federal Government in order to bring development to our land.

    “We cannot, at this critical point of our history, be left out of Federal Government’s development agenda.

    There is no synergy between Delta and the Federal Government. We cannot achieve that synergy when we are working at cross-purposes.

    “We must work together to achieve that synergy.”

    Niboro, a former Peoples Democratic Party (PDP) member, decried the level of infrastructure decay in Delta State.

    He was formally received by APC stalwarts in Ughelli South Local Government Area of Delta State, where he hailed from.

  • Jonathan’s ex-aide alleges plot by EFCC to implicate Jonathan’s wife

    Jonathan’s ex-aide alleges plot by EFCC to implicate Jonathan’s wife

    THE embattled Senior Special Assistant on Domestic Affairs to former President Goodluck Jonathan, Waripamo-Owei Dudafa has accused the Economic and Financial Crimes Commission (EFCC) of illegally detaining him for his refusal to incriminate former first lady, Dame Patience Jonathan.

    Dudafa made the allegation in a November 4 petition to the National Human Rights Commission (NHRC), wherein he also accused the EFCC of deliberately keeping him in detention despite his fulfilling the bail conditions set by the Federal High Court, Lagos.

    The commission arraigned Dudafa on June 15, before Justice M.B. Idris on a 23-count charge bordering on the laundering of over N1. 67 billion and he is also standing trial before Justice Babs Kuewumi for other alleged offences.

    But in the petition, Dudafa, who was granted N500million bail by both justices, said “despite meeting all the Herculean bail conditions as ordered by the two courts, the commission has failed to fulfil its part, by verifying all the title documents of my sureties”.

    He accused the anti-graft agency of punishing him for his loyalty to former President Goodluck Jonathan and his family.

    “Various attempts by my lawyer to ensure that the commission deposits my international travel passport with the court since I was admitted to bail have proved abortive, irrespective of the fact that the two courts at various sittings compelled and ordered it to release the said passport.

    “The EFCC has also refused blatantly to verify all the title documents provided by my sureties at the Land Registry for over two months in relation to the bail conditions granted me by Justice Babs Kuewumi of a Lagos Federal High Court.

    “From the above, it has become obvious that the EFCC is desperate to keep me perpetually in prison with the ultimate aim of killing me in prison despite the fact that my deteriorating state of health has been made known to the EFCC through a medical report dated August 29, 2016, and issued by the Nigerian Prison Service, Ikoyi, Lagos,” Dudafa said.

    He appealed to the commission’s chairman “to use his good offices to intervene speedily in my predicament in the hands of the EFCC, as it is clear case of arbitrary abuse of power, flagrant disregard to court order and breach of my fundamental rights as a citizen of Nigeria”.

     

  • N4.9b fraud: EFCC charges firms linked to Jonathan’s ex-aide

    N4.9b fraud: EFCC charges firms linked to Jonathan’s ex-aide

    The Economic and Financial Crimes Commission (EFCC) has charged three companies linked to former Senior Special Assistant to ex-President Gooluck Jonathan on Domestic Affairs Waripamo-Owei Dudafa.

    They are Pluto Property and Investment Company Limited, Seagate Property Development and Investment Company Limited and Trans Ocean Property and Investment Company Limited.

    They were charged before Justice Abdulazeez Anka of the Federal High Court in Lagos, with Sombre Omeibi, who is said to be at large.

    Dudafa was, on June 15, arraigned before Justice Mohammed Idris for allegedly conspiring to conceal proceeds of crime of over N1.6 billion, on June 11, 2013.

    He was arraigned with Iwejuo Joseph Nna (alias Taiwo A. Ebenezer and Olugbenga Isaiah) on 23-counts of conspiracy and concealment of crime proceeds.

    The defendants allegedly concealed the money through Seagate Property Development and Investment, an  offence contrary to Section 18 (a) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and punishable  under Section 17(a).

    They were also accused of knowingly concealing proceeds of crime through Avalon Global Property Development Company for N399,470,000, among others.

    In the new charge, the three companies were accused of indirectly retaining $15,591,700 (about 4,981,548,150) , which they reasonably ought to have known formed part of the proceed of an unlawful act.

    The alleged offence is contrary to Section 18(a) of the Money Laundering (Prohibition) Amendment Act, 2012, and punishable under Section 15(3) of the same Act.

    Two “directors” of the companies, Agbo Michael and Friday Davis, who earlier pleaded guilty to the charges on the companies’ behalf, changed their pleas to not guilty. They claimed they had no relationship with the companies.

    Davis, whose name EFCC said was used to register Pluto Property and Investment at the Corporate Affairs Commission (CAC) and to open bank accounts for the company, denied being a director.

    He said he was only Omeibi’s driver, adding that he did not know his name and passport photograph was used to commit the alleged offence. He said he became aware when he was invited to EFCC.

    Davis, therefore, denied the charge and changed his plea to “not guilty”. Michael and another “director,” identified as Frederick, also denied any relationship with the companies.

    The three said they never gave out their passport photographs for the companies’ registration nor did they open the companies’ accounts.

    Justice Anka adjourned till tomorrow to enable EFCC’s prosecutor Rotimi Oyedepo amend the charge.

  • Alleged money laundering: Jonathan’s ex-aide gets N500m bail

    Alleged money laundering: Jonathan’s ex-aide gets N500m bail

    The Federal High Court in Lagos yesterday granted N500million bail to former Senior Special Assistant to ex-President Goodluck Jonathan on Domestic Affairs, Waripamo-Owei Dudafa.

    The Economic and Financial Crimes Commission (EFCC) arraigned him and Iwejuo Joseph Nna (alias Taiwo A. Ebenezer and Olugbenga Isaiah) before Justice Mohammed Idris on a 23-count of conspiracy and concealment of crime proceeds.

    They were accused of conspiring to conceal proceeds of crime amounting to over N1.6billion on June 11, 2013 and pleaded not guilty to all the counts.

    Ruling on their bail application, Justice Idris granted Dudafa bail for N500million with three sureties in like sum.

    The sureties must produce evidence of three years tax clearance and landed property within the court’s jurisdiction.

    Nna was granted bail for N250million with two sureties in like sum. The sureties must also own landed property within the court’s jurisdiction and must show evidence of tax payment for three years.

    The defendants are to deposit their international passports with the court, Justice Idris ruled.

    EFCC’s lawyer Rotimi Oyedepo applied for a short date for trial, but the defence counsel said they needed more time to prepare adequately.

    The defendants allegedly concealed the N1.6billion through a company, Seagate Property Development and Investment Ltd, an  offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 17(a).

    They were also accused of knowingly concealing proceeds of crime through Avalon Global Property Development Company Ltd in the sum of N 399, 470,000.00, among others.

    Dudafa, between last June 1 and June 4, “procured” Nna and Ebiwise Resources to conceal N150million, being proceeds of crime, it was alleged.

    Other companies allegedly used in laundering the money include Pluto Property And Investment Company Ltd, Rotato Inter Link Services Ltd and De Jakes Fast Food and Restaurant Nigerian Ltd.

    EFCC said Dudafa, on April 27, failed to furnish any information in relation to N616,526,506.70 allegedly held on his behalf by Seagate Property’s account: 7400046952 domiciled in Heritage Bank Ltd as required on page 20 of the Declaration of Assets Form.

    The offence, said the commission, is contrary to and punishable under Section 27 (3) (c) of the Economic and Financial Crimes Commission (Establishment) Act 2004.

    Justice Idris adjourned till July 4 and 5 for trial.