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Tag: Joseph Jibueze

  • Ikoyi cash haul: Bank kicks as EFCC seeks forfeiture of Flat 7B

    Ikoyi cash haul: Bank kicks as EFCC seeks forfeiture of Flat 7B

    The Economic and Financial Crimes Commission (EFCC) on Wednesday urged the Federal High Court in Lagos to order the forfeiture of Flat 7B in Osborne Towers, Ikoyi, to the Federal Government.

    Its lawyer Mr Rotimi Oyedepo prayed the court to refuse an application by Union Bank of Nigeria Plc which seeks to discharge an interim order forfeiting the flat.

    He said the bank’s application was designed to scuttle the forfeiture hearing and was in bad faith.

    Oyedepo said since the bank had admitted selling the flat to Chobe Ventures Ltd, it would amount to eating its cake and having it by asking the court not to order the flat’s forfeiture.

    Large sums of money were found in flat, including $43,449,947, N23, 218,000 and £27,800, which were forfeited to the Federal Government last June 6.

    EFCC accused former National Intelligence Agency (NIA) Director-General Ayodele Oke of fraudulently converting the agency’s funds and hiding them in the flat.

    It alleged that Oke’s wife, Folasade, used part of the funds to buy the flat.

    The court, last November 9, ordered the flat’s temporary forfeiture to the Federal Government.

    Justice Saliu Saidu ruled that it would permanently be forfeited if no one turned up to justify ownership within 14 days.

    Union Bank, through its lawyer Chief Ajibola Aribisala (SAN), filed applications praying the court not to order the flat’s final forfeiture.

    In a supporting affidavit, the bank said the flat was part of 16, Osborne Road, Ikoyi, belonging to a former two-term governor of Bauchi State Alhaji Ahmadu Adamu Mu’azu.

    The bank said Muazu mortgaged the property to it by virtue of a tripartite deed of legal mortgage of November 1, 2011.

    “The property was mortgaged to United Bank to secure a loan granted to Tripple A Properties & Investment Ltd by Union Bank,” the bank said.

    It said the original title deed was vested in it, adding that the loan’s tenor had expired but it was not liquidated.

    Union Bank said it sold the flat to Chobe Ventures, owned by Oke’s wife, with an agreement that flat’s owner would observe several “covenants”, including payment of service charges, land use charge and levies, among others.

    The bank said Flat 7B forms part of several flats and that it “cannot be severed from the other flats in the building”.

    It added non-observance of any of the terms of the agreement would “severely affect the other users of the property”.

    Union Bank said Chobe Ventures’ act of allowing “strangers” to stash illegally monies in the flat violated their agreement, which entitles the bank to nullify the flat’s sale.

    “The title of Chobe Ventures has not yet been registered and the legal title of the property still resides in Union Bank,” it said.

    Among others, the bank said granting the order of final forfeiture would prevent it from enforcing the terms of the agreement on which the flat sale was based.

    But, Oyedepo said based on Section 17 of the Advance Fee Fraud and other Related Offences Act, any property that is reasonably suspected to be a proceed of crime is liable to be forfeited.

    “I urged your Lordship to grant this application, particularly in view of the fact that Chobe Ventures who allegedly used the proceeds of unlawful activity to acquire the property in issue did not oppose this application or controvert the facts,” Oyedepo said.

    Justice Saidu adjourned till January 19 for the ruling.

  • Court freezes N350m allegedly traced to Patience Jonathan

    Court freezes N350m allegedly traced to Patience Jonathan

    The Federal High Court in Lagos on Tuesday granted an order temporarily freezing N350million allegedly traced to wife of former President Goodluck Jonathan, Patience.

    The money is in an account domiciled in Stanbic IBTC, the Economic and Financial Crimes Commission (EFCC) said.

    Justice Hadiza Rabiu-Shagari granted EFCC’s ex-parte application filed by its lawyer Mr Rotimi Oyedepo.

    The commission said the money was allegedly transferred to a company’s account while Mrs Jonathan was serving as a Permanent Secretary in Bayelsa State between 2012 and 2013.

    The commission alleged that the former first lady “unlawfully enriched” herself with the money.

    In a supporting affidavit to the application, an investigating officer at EFCC, Musbahu Yahaya, said the commission received “a cogent, direct and positive intelligence report” that a company, AM-PM Global Network Limited, was in possession of proceeds of the unlawful act and retained it in an account.

    He said, between June 20, 2012, and November 15, 2013, the company fraudulently received N1,206,950,000 via its Diamond Bank account, numbered 0026718889.

    EFCC said the money was “proceeds of unlawful enrichment derived by Mrs Dame Patience Jonathan who was then a Permanent Secretary appointed by the Bayelsa State Government.”

    According to the deponent, in a bid to dissipate the funds, the company opened an account numbered 0016971559 with Stanbic IBTC.

    “Out of the alleged proceed of unlawful enrichment of Mrs Dame Patience Jonathan, the respondent transferred the total sum of N350million from its account in Diamond Bank to the account sought to be attached (Stanbic IBTC) in a desperate bid to dissipate the funds.

    “We have traced the said N350million to the respondent’s (AM-PM Global Network’s) account sought to be attached and the order of this court is needed to instruct the bank to attach the account to prevent the dissipation of the funds.

    “The respondent is making frantic effort to dissipate these funds,” the deponent said.

    EFCC said unless the application was urgently heard and determined, the company would tamper with the account.

    “It will serve the course of justice to grant this application,” the commission said.

    Justice Hadiza decided the application as prayed.

    She granted “an order directing Manager of the Stanbic IBTC Bank to in the interim freeze the account pending the determination of the investigation and possible prosecution of this case.”

    EFCC, however, did not state in the affidavit who owns the company.

    Two other judges of the court, Justice Mohammed Idris and Justice Mojisola Olatoregun-Ishola, had earlier frozen Mrs Jonathan’s accounts.

    Justice Idris froze her accounts with $15.5million. Mrs Jonathan is praying the court to unfreeze the accounts.

    The EFCC, however, urged the court not to unfreeze them because the money was suspected to be “proceed of crime”.

    Justice Olatoregun froze Mrs Jonathan’s account $5.7million. EFCC is seeking permanent forfeiture of the money.

    The judge, on April 26, made an interim order forfeiting the money to the Federal Government.

    Justice Olatoregun also ordered the temporary 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 also belongs to Mrs Jonathan.

    Justice Olatoregun stayed proceedings pending the outcome of an appeal challenging the temporary forfeiture of the $5.7million.

    Also yesterday, Justice Idris refused an application by a former Senior Special Assistant to ex-President Jonathan on Domestic Affairs Dr Waripamo-Owei Dudafa to travel abroad for medical treatment.

    Dudafa, through his lawyer Mr. Gboyega Oyewole (SAN), urged the court to order the release of his international passport to enable him travel abroad to treat spinal cord injury which he claimed to have sustained while in EFCC custody.

    But, Oyedepo urged the court not to grant the application on the grounds that the EFCC had written to a Lagos State government hospital to examine Dudafa’s health and to determine whether he could be treated in the country or abroad.

    Justice Idris faulted Dudafa’s application, saying that a motion of such nature ought to be backed by hard evidence that the problem cannot be treated in Nigeria.

    “I find it difficult to grant this application. I hereby dismissed it,” Justice Idris ruled.

  • BREAKING: Court bars IGP, others from arresting Ecobank MD Kie

    BREAKING: Court bars IGP, others from arresting Ecobank MD Kie

    The Federal High Court in Lagos on Thursday barred the Inspector-General of Police (IGP) Ibrahim Idris and the Commissioner of Police in Lagos Edgar Imohimi from arresting Managing Director of Ecobank Nigeria Limited Mr Charles Kie.

    Justice Muslim Hassan ordered that status quo be maintained until Kie’s motion on notice for an order of perpetual injunction stopping his arrest is heard and determined.

    Deputy Commissioner of Police in charge of State Criminal Investigation Department (SCID) Panti Mr Bolaji Salami and Managing Director of Emirates Fuel Exploration and Production Limited are the other respondents.

    The judge ruled on an ex-parte application by Kie and Ecobank argued on their behalf by Mr A. I. Olawoye of the firm of Punuka Attorneys and Solicitors.

    The lawyer alleged that armed policemen invaded Ecobank’s head office in a bid to arrest Kie.

    “They were there with a large battalion of officers, scaring customers away. The Managing Director is now scared of moving around freely,” he said.

    The lawyer said it was due to the bank’s refusal to transfer $10.5million (about N3.7billion) from the account of a customer, INT Towers Limited, to that of Emirates Fuel Exploration and Production, as ordered by a Lagos Magistrate, Mr W.B. Balogun.

    Justice Hassan held: “I have carefully read the application, the affidavit in support, the exhibits attached and the written address of learned counsel.

    “I am of the view that the interest of justice will be better served if the respondents are put on notice.

    “Meanwhile, status quo ante bellum should be maintained pending the determination of the motion of notice.”

    The applicants sought an order of interim injunction restraining the respondents or their agents “from harassing, oppressing, detaining, arresting and/or intimidating the applicants or their officers.”

    They also prayed the court to restrain the police from “interfering in any way with the personal liberty of the applicants or the smooth running of their business in any manner whatsoever that will breach the fundamental rights of the applicants pending the hearing of the originating motion”

    Olawoye said the application was based on the grounds that the police stormed Ecobank’s headquarters on September 28 to arrest Kie.

    “His movement has been constrained for fear of being arrested. It has affected his functions as Managing Director of the bank. He cannot move around with his security personnel who are policemen and thus he has been exposed to great security risk considering his position.

    “The respondents have continued to harass, oppress and intimidate the applicants by continuous threats to forcefully arrest and detain the first applicant (Kie) in further breach of the applicants’ fundamental rights.

    “The actions of the respondents are instigated by malice and bad faith and their actions are ultra vires and without due process,” the lawyer said.

    In an affidavit in support of the ex-parte motion, deposed to by a Litigating Officer in Ecobank’s Legal and Regulatory Unit, Adetoro Ojelabi, the bank said it received letters from the IGP requesting for information on an account being investigated for armed robbery, fraudulent act, obtaining money by false pretence and stealing.

    The bank said it was surprised when it received another letter of August 25 authored by DCP Salami asking it to transfer $10,500,000 from an account belonging to INT Towers to Emirates Fuel based on an order by a Magistrate’s Court.

    Ecobank said it was never served with court processes in the proceedings before the Magistrate Court, adding that the holder of the account was not made a party, even as the amount was far above the magistrate court’s jurisdiction, which is limited to N10million.

    Besides, the bank said the letter from the police which instructed it to transfer the money predates the Magistrate’s order, and that none of its officers was ever invited to clarify the claims.

    Ecobank claimed that the order “was secretly obtained against them” and that nobody was charged or convicted for any criminal allegation before the order was obtained.

    The bank said it filed an application seeking to set aside the order, a stay of execution and a motion for leave to appeal against the order.

    “To the total dismay of the applicants, officers of the respondents stormed the corporate headquarters of the bank to arrest the first applicant on the ground that he refused to comply with their instruction to illegally transfer the sum of $10,500,000 from a customer’s account to a third party account.

    “The policemen acting on the strict instruction of the respondents created a damaging scene at the corporate headquarters of the applicants and disrupted its business,” the deponent said.

    The applicants said the action of the police caused serious damage to the bank’s reputation, and that if not restrained, they would continue to violate their rights.

    Justice Hassan adjourned till November 9 for the hearing of the motion on notice.

  • ‘Buhari’s action shows there are no untouchables’

    ‘Buhari’s action shows there are no untouchables’

    Senior lawyers on Wednesday hailed President Muhammadu Buhari for suspending Secretary to the Government of the Federation (SGF), Mr David Babachir Lawal, over contract fraud allegations.

    They said it was better late than never, and that the President’s action shows the fight against corruption is no fluke. To them, the president’s action is an indication there were no “untouchables” in his administration.

    The lawyers also hailed the suspension of the National Intelligence Agency (NIA) Director-General Ambassador Ayo Oke over the large amounts of foreign and local currencies found in an Osborne Towers, Ikoyi, Lagos apartment, which the agency claims.

    Those who spoke include Mallam Yusuf Alli (SAN), Prof Yemi Akinseye-George (SAN), constitutional lawyer Ike Ofuokwu, Nigerian Bar Association (NBA) First Vice President, Mr Monday Ubani and NBA Lagos Branch chairman, Martin Ogunleye.

    On the SGF’s suspension, Ali said: “All discerning Nigerians saw it coming. With the indictment of the SGF by the Senate Committee on IDPs, not only was the allegation that he was still running a company as SGF made, it was also alleged that he collected so much money on behalf of the company for grass cutting in Internally Displaced Persons (IDPs) camps.

    “Given the sensitive nature of the IDPs’ situation, it raised a lot if moral issues. Many Nigerians had been expecting this to happen longer than now. But it doesn’t matter. At least the president listened to the voice of Nigerians. I think it’s salutary.

    “At long last, the president has done what I think is right in the circumstances since the man didn’t think it fit to have bowed out by himself.”

    Prof Akinseye-George said it is proper that government officials step aside while allegations of corruption against them are being investigated.

    “There have been too many complaints about the SGF in particular, and he has become more of a liability to the administration.

    “So, if the President in his wisdom decides to confirm his commitment to the anti-corruption fight by asking him to step aside while he is being investigated, I think it’s a proper thing to do, so that investigation can go on without undue interference from him.

    “If he’s in office and he has so much power, it’ll be difficult for the panel to do their work with a free mind. So, I think it’s a step in the right direction. Let him step aside; Nigeria is bigger than any individual,” the professor of law said.

    Akinseye-George said the NIA DG’s suspension was also in order, adding that people whose credibility is called into question should not wait to be suspended.

    “In fact, people shouldn’t wait to be suspended. People should resign when their credibility is called into question.

    “It’s only in Nigeria that we hold on tenaciously to offices when our credibility is in doubt or is questioned. So, I think it’s a breath of fresh air that powerful officials are being asked to step aside so that investigations can be conducted,” he said.

    Ofuokwu said with the suspensions, the president has proved that he is in charge and that no official is untouchable.

    His words: “To have done otherwise is to carry a moral burden which puts a big question mark on the integrity of the President and on his fight against corruption. Though they are yet to be proven guilty by any court or judicial body of competent jurisdiction, their suspension is a perfect step in the right direction.

    “The moment a credibility issue arises as with the case of these two gentlemen, the only reasonable thing expected of them is to step down from their exalted position until they are thoroughly cleared of any wrongdoing.

    “We expect the President to go beyond this two and beam his searchlight on every member of the executive who carries a moral burden and/or a credibility issue and take out the same measure on them.

    This will serve as a deterrent to all and a warning that it is no longer business as usual.”

    Ubani, former NBA Ikeja Branch chairman, said Buhari’s courage and sincerity of purpose stand him out.

    “These are the qualities that endeared some of us to Buhari: being decisive, being firm, very bold and strong, and being unpredictable. These are attributes of a good leader. It’s a virtue, not a vice.

    “If there are people that are around you as a President, and tongues are wagging as to some level of malfeasance or indiscretion on their part, what a good leader will do is to take those people off their posts for a short time in order to investigate those allegations.

    “President Buhari came with a strong reputation for integrity and with the people’s confidence. So, anything that has any iota of staining his reputation should be avoided at all times. He acted a bit late, but it’s better late than never.

    “To me, it’s kudos to the president. Let those guys clear their names. If they’re found clean they can come back, if not, they should go from there,” Ubani said.

    For Ogunleye, there is the need to imbibe a culture of transparency in governance, even in matters that concerns the President’s close associates.

    He said the ideal scenario would have been for the officials to offer to step aside pending the conclusion of the investigation.

    The NBA chairman said the NIA DG should be handed over to the Economic and Financial Crimes Commission (EFCC) especially with allegations that the money was found in an apartment under his wife’s control.

    “We remember the example of the National Legal Adviser of the All Progressives Congress (APC). When he was invited by the EFCC, he offered to step aside. That is the kind of culture we should enthrone. People should not continue to sit tight in the face of such allegations.

    “In the case of the NIA DG, apart from suspending him from office, I think he should be handed over to the EFCC for proper investigation because from what we’ve heard, the apartment where the money was found allegedly belongs to a company under the control of his wife.

    “Even if the money was for genuine NIA operations, it is highly unprofessional that the money will be in an apartment allegedly under the control of his wife, who does not work for NIA. So, the suspension is a very welcome development,” Ogunleye said.

  • Lawyers to EFCC: Name owner of seized money 

    Lawyers to EFCC: Name owner of seized money 

    Lawyers on Friday urged the Economic and Financial Crimes Commission (EFCC) to name the owner of the huge sums of money found in an Ikoyi apartment.

    Constitutional lawyer and rights activist Chief Mike Ozekhome (SAN) said the claim that the money belongs to the NIA was “facical”.

    He said there was no way a reasonable person would agree that an intelligence agency would hide money in an apartment.

    The SAN urged EFCC to name and shame the owners, saying someone must own the apartment.
    Ozekhome said: “We seem now fixated to name, shame and humiliate Nigerians with the paint brush of shame, odium, obloquy and denigration.

    “How can about N15billion be found in highbrow Osborne Road, Ikoyi, by no means a back squalid street? How can the equivalent of CIA, keep such hard currency in cash at an unguarded apartment, tucked away with many other apartments in a block of flats, not in a separate heavily fortified and fiercely guarded stand -alone building that has “keep off” carefully imprinted on it?

    “What was it meant for and who approved it and in which budget? Who was the whistleblower that could identify that such money was ‘hidden’ in the bedroom in flat 7A, leaving out flat 7B, yet not knowing who kept the money there or its ownership?

    “Why was EFCC not pictured or recorded on video going into the apartment, before we suddenly saw an arranged ‘counting’ of money? Are there no CCTV in such a highbrow? Can we see the footages, please?
    “Only last week, N49m orphaned sum was ‘arrested’  at Kaduna Airport! Then, suddenly another sum of orphaned N448m was ‘discovered’ in an ownerless shop in Victoria Island. Who owned the plaza? Who sold there? Are there no CCTV there? Can we see them, please?

    “The truth is that all these simulated, ‘arranged’ ‘discoveries’ can only temporarily divert attention from the hunger, squalor, fear, disease, non-performance and cluelessness of this government.

    “But, unfortunately, even lies have their expiry date. Truth is inexorable, immutable and eternal.The chicken will finally come home to roost,” Ozekhome said.

    To him, the report that the money belongs to the NIA was “farcical, heretic, total hogwash, bunkum and balderdash”.

    “Let this government and its minions credit Nigerians with some modicum of sense and capacity to reason, even with their valiant attempts to cow, browbeat and intimidate all opposition elements and critical voices in their so called corruption war.

    “At least, not even the terror halo cast on our individual and collective psyche has dulled our analytical minds.

    “The entire theatricality and Baba Sala’s Alawada Kerikeri buffoonery ought to be reserved for some circus show at the National theatre or Traffagal Square, where comedians and humour merchants entertain. The emergent facts do not show  NIA’s ownership of the money, but the grand cover-up of a serving minister’s ownership of the money.

    “It is so, so sad that all these national diversions are simply geared towards highlighting and emphasising the omnipotence and indispensability of just one man, Ibrahim Magu, as Executive Chairman of the EFCC.

    “We should build strong institutions, not strong individuals. Before Ibrahim Magu, there was a Nuhu Ribadu; there was a Mrs Waziri, and there was an Ibrahim Lamorde.

    “After Magu, there would still be another EFCC Executive Chairman. All these so-called humongous recoveries of orphaned monies are simply geared towards showcasing ineffable efficiency, effectiveness and matchless proficiency. It simply doesn’t work that war.

    “In the USA, wherefrom we borrowed our presidentialism, the equivalent agency works silently behind the scene, only seen, but never heard, except where it becomes absolutely necessary.

    “But, here in Nigeria, the EFCC engages in grotesque media trial, hifalutin and shocking disclosures of orphaned monies whose destinations after the media hype is never known.

    “Where are all the alleged recoveries of vast sums, attached properties, etc, made by the EFCC kept, and how much are they? When asked this question by the Senate during screening, Magu told a shocked and bewildered Nation he did not know!”

    Another SAN, Seyi Sowemimo, said if the money truly belongs to the NIA, the agency should come forward to explain the purpose.

    “I find it strange that a public agency like the Nigerian Intelligence Agency (NIA) would come forward and admit that it kept the money there. What could be the reason for keeping such money there? Is it in any way tied to its official duties? What was the purpose?

    “It is only when the NIA discloses this that one can know if it is concerned with its functions and I don’t know if this is something that they should do without disclosing it to maybe an institution like the Central Bank.

    “The position as I have always understood it is that you cannot keep such monies in a private residence. But I am even going beyond that in order to come to a view of the matter. It isn’t enough for the NIA to say ‘it is our money’.

    “They need to go beyond that and say whether it is in any way connected with their statutory duties and how they came about the money. Why should a minor institution like that not have the money in a bank? To me, it does not add up.

    National President, Committee for the Defence of Human Rights (CDHR), Malachy Ugwummadu, said the true owner of the money must be exposed.

    “It raises questions of the legality of warehousing those kinds of sums. If the NIA claims it owns the money, to what extent has it also explained the need for such humongous sums kept outside the banking system?
    “Was it for an operational purpose? What purpose requires those kinds of amounts and needed to be done only by the disbursement of the money in the manner that they were found?

    “When were they kept there? For how long have they been there? Who authorised them to be kept there? For what purpose? These are questions that must be answered by anyone who shows up claiming to be the owner of that kind of money.

    “Otherwise, it would raise suspicion that we are looking at a system that encourages even official financial transgressions and that supports the kind of temerity we are seeing,” Ugwummadu said.

  • Court orders forfeiture of cash found in Lagos to FG

    Court orders forfeiture of cash found in Lagos to FG

    The Federal High Court in Lagos yesterday ordered the temporary forfeiture of $43,449,947 (about N13billion), N23, 218,000 million and £27,800 (about N10.6milion) cash found in Flat 7B, Osborne Towers, 16, Osborne Road, Ikoyi, Lagos.

    Justice Muslim Hassan ordered that the money be temporarily forfeited to the Federal Government until the owner shows up.

    The order is based on an ex-parte motion filed by the Economic and Financial Crimes Commission (EFCC).

    The judge directed EFCC to advertise the forfeiture order in a newspaper so that anybody who owns the money can claim it within 14 days.

    The money will be permanently forfeited to the Federal Government should nobody claim it within the period.

    EFCC’s lawyer Rotimi Oyedepo, while moving the motion, said so far, no one has come forward to claim the money.

    He said even the property managers denied knowing who might have left the money there.

    The lawyer prayed Justice Hassan to order the money’s temporary forfeiture in line with Section 17 of the Advance Fee Fraud and other Related Offences Act 2006.

    Justice Idris granted an order directing the commission to publish the order “for anyone interested in the property (money) to appear within 14 days to show cause as to why a final forfeiture order should not be made in favour of the Federal Government.”

    On how the money was recovered, Oyedepo said EFCC received an intelligence report that various sums of money were stashed in a flat in the building.

    “The intelligence was acted upon. On getting there, we executed a search warrant and recovered $43, 449,947, N23,218,000 and £27,800 in cash.

    “For security reasons, we could not bring the cash before my lord, but we have registered it with an exhibit keeper.

    “Section 17 of the Advance Fee Fraud and other Related Offences Act empowers my lord to order the interim forfeiture of a property to the Federal Government where the property is found to be unclaimed, or where it is found to be proceeds of an unlawful activity.

    “No one has approached the commission to claim these sums with reasonable evidence confirming the genuine origin of the money we’re seeking to forfeit in the interim.

    “Even the staff of AM Facilities who manage the property could not even give us the identity of the owner of the money surreptitiously kept in that apartment.

    “It is, therefore, my submission that the facts and circumstances of this case have their root tied to the provisions of Section 17 which my lord has the power to enforce pending when whoever has the mind to come and claim it shows up. That is our humble prayer,” Oyedepo said.

    Ruling, Justice Hassan granted EFCC’s prayers, saying: “Based on  the grounds of the application, the affidavit and the written address, I hereby grant the application as prayed.”

    An EFCC source said the commission engaged the Central Bank of Nigeria (CBN) to mobilise counting machines to assist in determining the total haul.

    “This is a major breakthrough for this commission. We will not relent in recovering slush funds.

    “The whistle blowing policy has added value to the anti- graft war. Some of those who looted public funds have been avoiding banks.

    “They kept the cash at home and we are on their trail. Imagine what over N11 billion can do in the life of this nation, while the amount traced to private accounts sums up to N4 billion,” the source said.

    About N16 billion has been uncovered by the EFCC in the last few days in Lagos, including the N12,360,814,000 recovered and about N4 billion traced to private accounts.

    The Federal Government had last December 22 launched a whistle blowing policy to expose fraud and other related crimes in the public and the private sectors.

    Section 17 (1) of the Advance Fee Fraud Act says: “Where any property has come into the possession of any officer of the Commission as unclaimed property, or any unclaimed property is found by any officer of the Commission to be in the possession of any other person, body corporate or financial institution, or any property in the possession of any person, body corporate or financial institution is reasonably suspected to be proceeds of some unlawful activity under this Act, the Money Laundering Act of 2004, the Economic and Financial Crimes Commission Act of 2004 or any other law enforceable under the EFCC Act of 2004, the High Court shall upon application made by the Commission, its officers, or any other person authorised by it, and upon being reasonably satisfied that such property is an unclaimed property or proceeds of unlawful activity under the Acts stated in this subsection, make an order that the property or the proceeds from the sale of such property be forfeited to the Federal Government of Nigeria.”

    Justice Hassan adjourned until May 5 for hearing.

     

  • ‘Democracy endangered if executive controls judiciary’s fund’

    ‘Democracy endangered if executive controls judiciary’s fund’

    Former Nigerian Bar Association (NBA) president Augustine Alegeh (SAN) has called for an urgent amendment of the 1999 Constitution to grant financial autonomy to the judiciary.
    According to him, executive control of the judiciary’s finances endangers democracy.
    Alegeh, who delivered the first Founder’s Day Lecture of the Edo State University, said the judiciary cannot continue to depend on the Executive.
    [quote font_size=”18″ color=”#000000″ bgcolor=”#dda34b” bcolor=”#dd3333″ arrow=”yes”]Related Post: Reforming and sustaining ethical judiciary[/quote]
    The lecture was entitled: Strengthening Democracy in Nigeria: the Role of the Judiciary,
    Alegeh said sections 81, 84, 121 & 162 of the 1999 Constitution make financial provisions for the judiciary.
    1999-constitution“The provisions are supposed to give judiciary financial autonomy and full control over its own funds. However, these provisions appear couched in a manner that create issues of compliance. Financial autonomy of the judiciary is the bedrock for a dynamic and pragmatic judiciary.
    [quote font_size=”18″ color=”#000000″ bgcolor=”#dda34b” bcolor=”#dd3333″ arrow=”yes”]The executive is advised not to engage in any action that would undermine the financial autonomy of the judiciary.

    There is the need for the provisions of the 1999 Constitution to be amended to give a more definitive provision for how funds due to the judiciary are to be determined and ascertained.
    A nation with a strengthened and vibrant judiciary will witness a renewed confidence by the citizenry in the justice delivery system, a reduction in crime rate, a decongestion of the prisons as well as an increase in the revenue generation of the states. All these will strengthen our democracy – Alegeh said.[/quote]
    The Vice Chancellor, Prof Emmanuel Aluyor, said the university’s vision was to become a centre of excellence in teaching, research, innovations and community development.
    He said the National Universities Commission (NUC), on January 18, after a successful verification exercise of the university, approved additional programmes in engineering, medicine, basic medical sciences and mass communication.
    Also at the event were Governor Godwin Obaseki, represented by his Deputy Philip Shaibu, former Governor, Adams Oshiomhole, Chairman of the University Governing Council, Prof. Pat Utomi, among others.
  • Alleged N125b fraud: EFCC re-arraigns Keystone Bank ex-MD

    Alleged N125b fraud: EFCC re-arraigns Keystone Bank ex-MD

    The Economic and Financial Crimes Commission (EFCC) on Tuesday re-arraigned former Managing Director of Bank PHB (now Keystone Bank), Mr Francis Atuche at the Federal High Court in Lagos.

    He was charged along with a former defunct Spring Bank Plc Managing Director, Mr. Charles Ojo on an amended 45-count charge bordering on alleged N125 billion fraud.

    The re-arraignment was caused by the transfer of Justice Saliu Saidu to another division after the trial had commenced.

    The case will begin afresh for the fifth time before Justice A. Faji.

    Atuche and Ojo have been standing trial since 2009 over allegations of acquiring Keystone Bank’s shares using depositors’ funds.

    They pleaded not guilty to the 45 counts of conspiracy, reckless granting and approval of loans and money laundering, between September 1, 2006, and 2009.

    Atuche was also accused of applying N3.5billion being proceeds of unlawful loans granted to Tradjek Nigeria Limited, a subsidiary of Futureview Financial Services Ltd, in payment for his acquisition of shares of Bank PHB using various companies as fronts with an intention to conceal the ownership of the loans.

    Atuche
    Atuche

    EFCC said he collaborated with different companies to conceal the genuine origins of the N3.5billion used to acquire the bank’s shares.

    The alleged offences, all of which Atuche denied, contravene Section 14(1) of the Money Laundering (Prohibition) Act and Section 516 of the Criminal Code Act Cap 38, Laws of the Federation of Nigeria 2004.

    Reckless granting of loans contravene Section 7(1) (b) of the Advance Fee Fraud and other Fraud Related Offences Act and punishable under section 7(2)(b).

    The defendants pleaded not guilty.

    Ojo’s lawyer, Mr Osahon Idemudia, urged Justice Faji to allow the defendants continue on the bail terms granted them on November 9, 2009, by Justice Akinjide Ajakaiye, before whom they were first arraigned.

    Justice Faji granted the prayer, holding that the defendants shall continue on the N50million bail with one responsible surety each.

    The surety, he said, must deposit the Certificate of Occupancy of his landed property either in Ikoyi or Victoria Island.

    Justice Faji, however, said the sureties must update their tax clearance within 14 days.

    He adjourned till February 23, March 16 and 17 for trial.

    [news_list display=”tag” tag=”Trial” count=”6″ show_more=”on”]

  • Onnoghen urges NBA to nominate lawyers to Supreme Court

    Onnoghen urges NBA to nominate lawyers to Supreme Court

    • Nominations end on Friday

    Acting Chief Justice of Nigeria (CJN) Walter Onnoghen has asked the Nigerian Bar Association (NBA) to nominate lawyers for appointment as justices of the Supreme Court.

    NBA has, therefore, called on lawyers to nominate suitably qualified candidates as Friday deadline rolls in.
    A January 30 “Notice to All Legal Practitioners”, signed by NBA President Abubakar Mahmoud (SAN), reads: “Pursuant to Section 231(2) of the 1999 Constitution, the Acting Chief Justice of Nigeria has invited the NBA to nominate suitably qualified legal practitioners to apply for appointment as Justice of the Supreme Court of Nigeria.
    “Interested legal practitioners are hereby required to send their hard copy profile to the following address: Nigerian Bar Association, NBA House, 8th Floor, Office of the President, Plot 1101 Cadastral Zone A00, Central Business District, Abuja, FCT.
    “Lawyers can also send their profile by email to info@nigerianbar.org.ng and info1@nigerianbar.org.ng.
    “The deadline for the submission of profile shall be on February 3rd, 2017 at 5:00 pm prompt.
    “Please take note that this notice is urgent and important and the deadline shall not be extended.”
  • Adegboruwa to court: stop Buhari from replacing Onnoghen

    Adegboruwa to court: stop Buhari from replacing Onnoghen

    Human rights lawyer Ebun-Olu Adegboruwa on Tuesday sued President Muhammadu Buhari at the Federal High Court in Lagos over the non-confirmation of Acting Chief Justice of Nigeria (CJN), Walter Onnoghen.
    Vice-President Yemi Osinbajo, the Senate, the National Judicial Council, Justice Onnoghen and the Attorney-General of the Federation (AGF) Abubakar Malami (SAN) are the other defendants.
    Adegboruwa is asking the court to direct the President, and in his absence the Vice-President, to forward Justice Onnoghen’s name to the Senate for confirmation as CJN forthwith.
    Walter OnnoghenHe is also praying for an order of injunction restraining the President and the Vice-President from appointing another candidate as CJN apart from Justice Onnoghen, who is the most senior justice of the Supreme Court.
    Adegboruwa wants the court to stop the Senate from accepting, entertaining, deliberating upon or considering the nomination of any other candidate that may be forwarded to it by the President or the Vice-President.
    He sought an order of injunction to restrain the National Judicial Council (NJC) from entertaining any request to consider another candidate for the office of CJN apart from Onnoghen who has already been selected.
    The lawyer is seeking a declaration that under section 292 (i) (a) of the 1999 Constitution, the failure to forward Onoghen’s name to the Senate for confirmation amounts to his compulsory retirement in a manner that is inconsistent with the due process of law and is, therefore, unconstitutional, illegal, null and void.
    He also wants the court to hold that by virtue of section 153(1), Paragraph 21 of the Third Schedule and section 231 (1-5) of the Constitution, the NJC is the only body authorised by law to select and recommend any candidate for appointment as CJN.
    Among others, he wants the court to hold that Onoghen is the fit and proper person to be appointed as the CJN upon his selection and recommendation by the NJC.
    No date has been fixed for the hearing.