Tag: laundering

  • EFCC arraigns INEC officials for alleged money laundering, bribery

    THE Economic and Financial Crimes Commission (EFCC) yesterday arraigned three Independent National Electoral Commission (INEC) officials at the Federal High Court in Lagos for alleged money laundering and bribery.

    Gbadegun Abiodun, Oladipo Oladapo and Afolabi Albert were arraigned before Justice Chuka Obiozor on five counts of conspiracy to receive millions of naira in cash without going through a financial institution.

    EFCC said the three, on March 30, 2015, conspired to accept cash payment of N177.3 million without going through a financial institution.

    The commission said the offence of accepting cash payment exceeding N5 million violates Section 18 and is punishable under Section 16 (2) of the Money Laundering (Prohibition) Act 2011 as amended by the Act No 2, 2012.

    Abiodun, Oladapo and others at large were said to have used N22 million in April 2015, which they allegedly obtained through forgery, thereby violating Section 15 (2) (d) of the Money Laundering Act.

    In Count Four, EFCC said Oladapo and others at large took possession of N3 million in cash from Abiodun, when he “reasonably ought to have known that the said N3 million was proceed of your unlawful activity to wit: bribery.”

    The prosecution further alleged that Oladapo and the others who are unnamed also took possession of N10 million through the United Bank for Africa (UBA) account of Bacole Multiconcerns Universal Limited operated by him.

    EFCC, through its prosecuting counsel, Mr. Ekene Iheanacho and G. C. Akaogu said Oladapo reasonably ought to have known that the money was paid as bribe.

    The alleged offence violated Section 18 (c) and punishable under Section 15 (3) of the Money Laundering Act.

    The defendants, said to be attached to INEC in Osun State, pleaded not guilty to each of the counts.

    Defence counsel Dapo Esan pleaded that they be remanded in EFCC custody pending hearing of their bail application.

    He said they were well-treated by EFCC officials while in the commission’s custody.

    But Iheanacho said the facility was overstretched, adding that only those being investigated were kept in EFCC custody.

    Justice Obiozor ordered that the defendants be remanded in Ikoyi prison.

    He adjourned until August 7.

  • Patience Jonathan’s $15.5m: Court rejects guilty plea reversal

    The Federal High Court in Lagos Tuesday dismissed an application for a plea reversal by four companies that pleaded guilty to laundering $15.5million allegedly belonging to former First Lady Dame Patience Jonathan.

    They prayed the court to nullify previous proceedings their trial because those who represented the companies were not authorised to do so.

    The Economic and Financial Crimes Commission (EFCC) arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Dr Waripamo Dudafa, a lawyer Amajuoyi Briggs, who is the companies’ secretary, and a banker, Adedamola Bolodeoku.

    Unlike the companies, Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

    Read Also:EFCC gets fresh order to seize Patience Jonathan’s N7.3b, $8.4m

    The companies’ lawyer Chief Mike Ozekhome (SAN) told Justice Babs Kuewumi that his clients were not given a fair trial before their conviction because they had no legal representation of their choice.

    Ozekhome said he was briefed to represent the companies after its directors pleaded guilty despite not being authorised by the board to do so.

    Moving his motion seeking to set aside the companies conviction, Ozekhome said they were convicted “in gross violation” of the 1999 Constitution, which he said occasioned a miscarriage of justice.

    He prayed that the trial be done de novo (afresh) and that the previous proceedings be declared null, void and unsustainable in law.

    Besides, Ozekhome said the companies were denied the right to cross-examine the directors who purportedly pleaded guilty.

    “They’re just busybodies and interlopers who were pressured to come and plead guilty. They had no mandate to do so,” he said.

    But, prosecuting Counsel Mr. Rotimi Oyedepo urged the court to refuse the application for being an abuse of court process.

    He said prayer amounted to asking the judge to revisit his ruling and to assume the position of an appellate court.

    Oyedepo denied that the directors who pleaded guilty were not authorised, saying there was evidence from the Corporate Affairs Commission (CAC) and from the companies’ bank accounts that they were indeed directors.

    Ruling yesterday, Justice Kuewumi held that a judge can only revisit his rulings and judgments in exceptional cases of “serious procedural irregularity” or lack of jurisdiction.

    “The main issue to be addressed in this application is whether this court can revisit its earlier decision whereby the applicants were convicted. Once a court gives and order or judgment, it has no legal competence to reverse itself or set aside its previous order.

    “Considering the circumstances of this case, I have not been shown any valid reason to make me revisit my decision. This court is already functus officio (without authority over the subject-matter).

    “I’m in agreement with the prosecution that this application is incompetent. It is hereby refused and accordingly dismissed,” Justice Kuewumi held.

    He adjourned until October 17 for trial.

  • Court acquits Lagos socialite of money laundering charges

    Court acquits Lagos socialite of money laundering charges

    The Federal High Court in Lagos has acquitted a Lagos socialite, Akindele Ikumoluyi, of money laundering charges which the National Drug Law Enforcement Agency (NDLEA) filed against him.

    Justice Ibrahim Buba found him not guilty of the offence.

    The judge discharged and acquitted the defendant of the six-count charge and agreed with the arguments of defence lawyer Wahab Shittu.

    Ikumoluyi was initially arraigned for money laundering with his late mother, Funke, on a-six count charge, dated July 6, 2009.

    They were accused of conspiracy to convert resources, conversion of resources, collaboration, concealment and disguising, contrary to Sections 14 and 17 of the Money Laundering Act.

    The prosecution later withdrew the charge against Mrs. Ikumoluyi, who died in the course of the proceedings.

    It initiated an amended charge on December 20, 2012, and later brought another amended charge on October 15, 2015, with Mr Ikumoluyi as the only defendant.

    NDLEA said sometime in 1998 on Lagos Island, Ikumuluyi converted resources derived directly or indirectly from illicit trafficking in narcotic drugs by using them to acquire landed property at 6, Freeman Street, Lagos Island.

    The prosecution said it was with the aim of concealing or disguising the illicit origin of the resources.

    He was also accused of concealing or disguising the ownership of a house at 7, Ajoku Oduyebo Street at Sabo in Ikorodu, Lagos State, by purchasing it in the name of Peter Ikumoluyi, a dead person, using resources derived directly or indirectly from the proceeds of illicit trafficking in narcotic.

    Other properties he allegedly acquired and concealed include those at 20 Ikemu Street, Oworonshoki, Lagos in 2005 and at 35/37 Akerele Street, Oworonsoki, which he allegedly acquired in conspiracy with his late mum in the name of a the dead person in 2007.

    He was also accused of acquiring a landed property at 11, Olaolude Street, Oworonsoki, Lagos, in 1994.

    NDLEA accused him of knowingly refusing to make a full disclosure of his assets, which is contrary to Section 35(1) and punishable under Section 35(3) of the NDLEA Act of 2004.

    Shittu argued that the burden of proof on the prosecution is only discharged when the essential ingredients of the offence has been established.

    The lawyer argued that to sustain a conviction under Section 14(1) of the Money Laundering Prohibition Act 2004, it must be proven that the defendant converted or transferred resources; that the resources were derived from illicit traffic in narcotic drugs or any other crime or illegal acts, and that the conversion or transfer was done purposely to conceal or disguise the illicit origin of the resources.

  • Alleged N3.2b laundering:  Ex-governor gets new trial date

    Alleged N3.2b laundering: Ex-governor gets new trial date

    THE trial of a former Abia State Governor Orji Uzor Kalu was stalled yesterday due to the absence of Justice Mohammed Idris of the Federal High Court in Lagos.

    Justice Idris was said to be attended the ongoing judges’ conference in Abuja, which is held at the beginning of every new legal year.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Kalu, Udeh Udeogu and Slok Nigeria Limited on 34 counts of laundering N3.2 billion.

    They pleaded not guilty.

    The alleged diversions were done between August 13,2003 and January 12, 2005, the prosecution said.

    The EFCC accused Slok of conniving with one Emeka Abone, said to be at large, to help Kalu retain the alleged stolen funds in its accounts.

    The offence is contrary to Section 17 (c) of the Money Laundering (Prohibition) Act 2003 and punishable under Section 16 of the same Act.

    The trial has been fixed for October 3 to 6.

  • Alleged money laundering: Jonathan’s ex-aide remanded in prison

    The Federal High Court in Lagos yesterday ordered the remand of former Senior Special Assistant to ex-President Gooluck Jonathan on Domestic Affairs Waripamo-Owei Dudafa in prison.

    The Economic and Financial Crimes Commission (EFCC) arraigned him before Justice Mohammed Idris on 23-counts of conspiracy and concealment of crime proceeds.

    Dudafa and Iwejuo Joseph Nna (alias Taiwo A. Ebenezer and Olugbenga Isaiah) were accused of conspiring to conceal proceeds of crime amounting to over N1.6billion on June 11, 2013.

    They pleaded not guilty to all the counts.

    Defence counsel Gboyega Oyewole and Sunday Abumeri said they filed bail applications on their clients’ behalf.

    Prosecution counsel Rotimi Oyedepo said he needed more time to respond.

    The defendants allegedly concealed the sum 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.

    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 domiciled in Heritage Bank Ltd as required in 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.

    The prosecution said he also failed to disclose N305,176,922.99 allegedly held on his behalf by Ebiwise Resource in a Heritage Bank account 1907938635; N64,319,555.66 held on his behalf by Avalon Global in a Heritage Bank account 6001984078;  N560,000,000.00 held for him by De Jakes Fast Food in Guaranty Trust Bank account 0042308722, and N10,253,246.85 held for him by Ibejige Services Ltd in an account numbered 6001983026 domiciled in Heritage Bank.

    Twenty-one witnesses will testify during trial, including representatives of Heritage Bank, Guaranty Trust Bank Plc, Skye Bank Plc, United Bank for Africa Plc, First Bank Plc, Wema Bank Plc and Diamond Bank Plc.

    Justice Idris will consider the bail applications today.

  • Jonathan’s ex-aide to be arraigned for N1.6b ‘fraud’

    Jonathan’s ex-aide to be arraigned for N1.6b ‘fraud’

    Former Senior Special Assistant to ex-President Gooluck Jonathan on Domestic Affairs Waripamo-Owei Dudafa will be arraigned before Justice Mohammed Idris of the Federal High Court in Lagos today.

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

    The Economic and Financial Crimes Commission (EFCC) said the accused conspired to conceal proceeds of crime amounting to over N1.6billion on June 11, 2013.

    The alleged offence is contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 17(a).

    The accused persons allegedly concealed the sum through a company, Seagate Property Development and Investment Ltd.

    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.

    Other companies allegedly used in committing the offence 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 EFCC’s Declaration of Assets Form.

    EFCC listed 21 witnesses to testify against the accused, including representatives of banks.

    United Bank for Africa Plc, First Bank Plc, Wema Bank Plc and Diamond Bank Plc.

    sion (Establishment) Act 2004.

    The commission said Dudafa also failed to disclose N305,176,922.99 allegedly held on his behalf by Ebiwise Resource in a Heritage Bank account 1907938635; N64,319,555.66 held on his behalf by Avalon Global in a Heritage Bank account 6001984078; N560,000,000.00 held for him by De Jakes Fast Food in Guaranty Trust Bank account 0042308722, and N10,253,246.85 held for him by Ibejige Services Ltd in an account numbered 6001983026 also domiciled in Heritage Bank.

     

  • Ex-Air chief seeks deal on alleged N7.8b laundering

    Ex-Air chief seeks deal on alleged N7.8b laundering

    EFCC detains two ex-ministers over N900m poll cash

    Former Chief of Air Staff Mohammed Umar is proposing an out-of-court settlement in his N7.3billion money laundering case before the Federal High Court, Abuja.

    Umar is the predecessor of Alex Badeh, who is also standing trial before the Federal High Court, Abuja in a similar case.

    He was arraigned on May 11 before Justice Binta Nyako on a seven-count  charge bordering on money laundering, criminal breach of trust and corruption involving about N7.382billion.

    It alleged that Umar removed the money from the account of the Nigerian Air Force while he was the Chief of  Air Staff.

    The EFCC alleged that Umar spent part of the money to acquire the  property at Plot No. 1853, Deng Xiano Ping Street, off Mahathir Mohammed Street, Asokoro Extension, Abuja

    He was accused of spending part of the money on residential assets, including a three-bedroom duplex, with a boys’ quarters at Road 3B, Street 2, Mabushi Ministers Hill, Abuja.

    He also allegedly used part of the money to acquire property at  14 Audu Bako Way, GRA, Kano and a three-bedroom duplex with three-room boys’ quarters at No. 8 Kabala Road, Unguwan Rimi, GRA, Kaduna.

    Umar was said to have used part of the money for the renovation/improvement of House No.1853 Deng Xiao Ping Street, Off Mahathir Mohammed Street, Asokoro Extension, Abuja.

    The offences are said to be contrary to Section 15(2)(d) of the Money Laundering Prohibition Act 2011 and punishable under Section 15(3) of the same Act.

    Umar pleaded not guilty to the charge, following which the judge adjourned to June 7 for commencement of trial.

    Yesterday, his lawyer, Hassan Liman (SAN) informed the court that his client had started negotiations with the complainant, the Economic and Financial Commission (EFCC), for the possibility of an out-of-court settlement of the case.

    Liman disclosed that Umar had held meetings with officials of the EFCC during which discussions were held on the proposal.

    He said Umar attended the meetings with his  lawyers. He said the meetings were between Umar’s laywers and the head of Legal Department of the anti-graft agency, head of the task force of the commission, Mr. Ibrahim Musa, and the prosecuting lawyer, Sylvanus Tahir.

    Liman said after the first meeting held on May 31 and the subsequent one on June 3, it was resolved that the defendant should send a formal letter detailing his proposal to the commission.

    Liman added that following the resolution, the defence had already written to the Chairman of the EFCC, Mr Ibrahim Magu.

    He said the letter was dated June 6, 2016.

    Tahir, who confirmed that settement  talks were on-going , said of a letter from Umar to the EFCC Chairman, proposing settlement.

    Both Liman and Tahir were, however, silent on the details of the negotiation. They said details would be made public at the appropriate time.

    Tahir said: “I also confirm that there were meetings between the defendant and the commission where I was also in attendance.”

    He insisted that the ongoing discussion should not stop the court from proceedings with the trial. He said his witnesses were ready.

    Tahir argued that since the case was not  civil, but criminal in nature, the ongoing settlement talks could not constitute sufficient grounds to prevent the court from proceeding with the trial.

    Replying, Liman said with the ongoing efforts by his client to settle, it would be prejudicial to begin the trial.

    He urged the court to adjourn the case for the defendant to conclude the settlement.

    Ruling, Justice Nyako said the trial would be shifted to a later date not because of the information about settlement, but because the defence was yet to file its summary of defence as directed by the court  on the last date.

    She then adjourned till June 16 for the prosecution to call its witnesses.

  • Allison-Madueke gets Sept date in money laundering suit

    Allison-Madueke gets Sept date in money laundering suit

    For the second time in six months, ex-Petroleum Minister Mrs. Diezani Alison-Madueke has been told by a London court that she has a case to answer regarding the £27,000 money laundering and bribery allegation made against her by the United Kingdom’s National Crime Agency (NCA).

    She will be returning to the court in September this year, after the Westminster Magistrate’s Court granted the request of the NCA on March 31, for another six months to give the agency more time to tighten its case.

    Mrs. Madueke will be on bail with her mother Mrs. Beatrice Agama, the lead suspect; son Ugonna Madueke, family friend Ms Melanie Spencer, wife of a Ghanaian oil tycoon, Kevin Okyere; and one of her siblings till the court reconvenes in September.

    It is typical of the NCA, drawing its authority from the Proceeds of Crime Act, to ask for more time for its investigations to build a strong case.

    The Proceeds of Crime Act says: “The Proceeds of Crime Act 2002 (POCA) sets out the legislative scheme for the recovery of criminal assets with criminal confiscation being the most commonly used power.”

    Confiscation occurs after a conviction has taken place. Other means of recovering the proceeds of crime, which do not require a conviction, are provided for in the Act, namely civil recovery, cash seizure and taxation powers.

    The investigation is now global, extending to Nigeria and Switzerland, where billionaire businessman Kola Aluko was questioned and his home raided on the request of the NCA.

    Aluko, with Swiss nationality and owner of Atlantic Energy, did some oil deals with NNPC while Alison-Madueke was in charge. He is believed to be a key figure in the money laundering network.

    Atlantic Energy signed a lucrative strategic alliance in 2011 with NNPC while Alison-Madueke was in charge of Petroleum Ministry, giving it rights to sell oil from four big blocks on behalf of Nigeria.

    Before the oil price crashed, Aluko said the commercial value of the contract was estimated at $7 billion.

    Aluko confirmed to the Sunday Times of London last year a probe on potential violations of the United Kingdom Proceeds of Crime Act and Bribery Act, but professed his innocence.

    He said: “I am willing to co-operate with anybody. I have nothing to hide.”

    The businessman added that he paid the rent on a flat in St John’s Wood in London for Alison-Madueke’s mother, “as well as bringing her ‘hams, sausages and orchids”.

    Beatrice, Alison-Madueke, son and others involved in the laundering and bribery allegation risk losing the £27,000 in contention and jail term if the charges were filed and proved against the respondents.

  • Money laundering: Metuh faults EFCC’s case

    Money laundering: Metuh faults EFCC’s case

    •We have proved our case, says agency

    Peoples Democratic Party (PDP) spokesman Olisa Metuh has faulted his trial by the Economic and Financial Crimes Commission (EFCC), arguing that the agency failed to establish his guilt.

    Metuh is charged with criminal breach of trust, corruption and money laundering for allegedly receiving N400 million from the Office of the National Security Adviser (ONSA)and making cash transaction of $2 million. He pleaded not guilty.

    He is being tried with his company, Destra Investments Limited at the Federal High Court, Abuja.

    Metuh argued that for the prosecution to establish a prima facie case, it must be shown that he took possession or control of funds, knowing that such funds formed part of the proceeds of an unlawful act or reasonably ought to have known that such funds formed part of the proceeds of an unlawful act.

    The PDP spokesman’s position is contained in his no-case submission  adopted last week.

    He said there was no evidence that at the time the N400 million was paid into his company’s account, he was notified directly or indirectly that the money was paid from the account of ONSA.

    Metuh said following a presentation to ex-President Goodluck Jonathan on how to shore up the image of the PDP and by extension, Nigeria, he expected to be paid to execute the presentation, but not from the ONSA.

    He argued that the idea that he ought to know that the funds formed part of the proceeds of an unlawful act did not arise.

    Metuh, who noted that the EFCC admitted he had no business with the ONSA,wondered how the commission expected him to have known funds paid to him was for Illegal purpose.

    “On yet another counter pane, Section 15(2)(d) of the Act requires proof that the money must be proceeds of an unlawful act. In this case, it has not been established the defendants knew the ONSA engaged in any unlawful act. An unlawful act must be an act, which is not authorised or approved and which has been found to be illegal.

    In a counter argument, lawyer to the EFCC, Sylvanus Tahir disagreed, insisting that the prosecution led overwhelming evidence against Metuh and expressed surprise he (Metuh) was raising a no-case submission.

    Tahir said EFCC received a complaint from the ONSA that money was paid under the ex-National Security Adviser to individuals and companies without any document supporting such payments and that the commission investigated the petition.

    He urged the court to dismiss the no-case submission and direct Metuh and his company to enter defence.

    Justice Okon Abang will rule on the no-case submission on March 9.

  • ‘Strengthen anti-money laundering laws’

    Participants at one day round table organised by Sterling Partnership, a leading commercial law firm, have called for the strengthening of anti-money laundering laws.

    The event which held in Lagos  had two sessions on the role of the law in Nigeria’s pursuit of sustainable economic development.

    The topics were:  Curbing Impunity: Anti-Money Laundering and Asset Tracing’ and Creating an Enabling Environment for Funding Entertainment: The Role of Law.

    Introducing the first session, former Commonwealth Lawyers Association (CLA) president Mrs Boma Ozobia said: “Despite the global, regional and local trends being experienced in the oil industry, Nigeria is presented with another opportunity to get things right through the development of other sectors of the economy.

    “Asset tracing as a veritable tool for discovering laundered assets and stripping corrupt people of the benefits of their crimes and restoring same to the society was highlighted, using the Abacha loot model.

    A major drawback to asset recovery, however, is the general perception among the international community that even when the proceeds of corrupt enrichment are recovered and restored to Nigeria, such funds/assets still find its way into corrupt pockets. Incompetent investigations and prosecutors was also held out as major stumbling block to the fight against corruption.

    One strategy distilled for quick and effective investigation is appropriate use of the Declaration of Assets Form as in the Schedule to the Economic and Financial Crimes Commission (EFCC) Act where false or incomplete disclosure of assets could attract up to five years imprisonment.

    “Another issue identified at the event wasthe need to expedite proceedings in court and dispense with bottlenecks. It is anticipated that the enactment of the Administration of Criminal Justice Act 2015,  will ensure the system of administration of criminal justice in Nigeria is more efficient. t

    The Managing Partner of Sterling Partnership, Mr.  Israel Aye, stated that despite the huge potential of the creative and entertainment industry to create wealth and generate employment for the teeming youth population, the industry will not be able to attract sufficient financial capital needed for growth if it does not have a well-articulated legal and fiscal framework.

    Notwithstanding the success the creative industry has experienced in recent years, particularly Nollywood and the music industry, the general consensus was that the creative industry has phenomenal capacity to attain even greater feats.

    It was also acknowledged that although there is a ready market for the creative industry, the lack of a legal framework and infrastructure has hampered effective access to the market. In this regard, the creative industry is encouraged to form broad based partnerships with industries that can help it access funds required for growth.

    Aye reiterated that absence of a clear legal and fiscal framework will inevitably stunt the growth of any system.

    At the event were Chief Judge of Anambra State, Justice Justice Peter Umeadi; Justice Peter Obiora of the High Court of Anambra State); Justice Ibrahim Buba of the Federal High Court; Prof Olawale Ajai of the Lagos Business School, Mr. Yahaya Maikori, Taiwo Ajai-Lycett , Mr Bola Mogaji, Mrs. Ifeoma Fafunwa and Deola Sagoe, among others.