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Tag: MOHAMMED Idris

  • I was not permitted to continue Kalu’s trial – Judge

    Justice Mohammed Idris on Wednesday said the Court of Appeal President Zainab Bulkachuwa did not give him a fiat to continue to adjudicate on the trial of former Abia State Governor Dr Orji Uzor Kalu.

    The judge was handling the 12-year-old case at the Federal High Court in Lagos before he was elevated to appellate court last June 13.

    While he was given a fiat to conclude the cases of former Oyo State Governor Rashidi Ladoja and former President Goodluck Jonathan’s ex-aide Dr Waripamo-Owei Dudafa, he said he got no such authorisation for Kalu’s.

    Justice Idris therefore adjourned Kalu’s trial indefinitely.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Kalu for allegedly laundering N7.65billion state funds.

    Addressing parties, Justice Idris said: “This matter was listed on Wednesday because it was adjourned till today for defence. What has happened is that the last fiat that was issued by the President of the Court of Appeal expired at the end of November 2018.

    “On the 10th of January, 2019, I received fresh fiat in respect of some matters that I have started and some new matters but this particular case was not mentioned.

    Read Also: Judge halts FG’s planned trial of CJN

    “For this reason, I have a strong feeling that I shouldn’t continue with proceedings in this case unless there is a further directive from the President of the Court of Appeal. I should not proceed further; otherwise I might be acting without authority.

    “In the circumstance, I am of the view that further proceedings shouldn’t go on until I receive further information by way of fresh fiat from the Court of Appeal President. As soon as I receive further instruction, hearing notice will be sent to counsel.”

    EFCC said Kalu, whist being governor between 2001 and September 2006, procured Slok Nigeria Ltd, a company owned by him and members of his family, to retain N7.2billion in its Inland Bank Plc account, on his behalf.

    The commission said the money “formed part of the funds illegally derived from the treasury of Abia State government and which was converted into several bank drafts before they were paid into the said company’s account”.

    Kalu was accused of collaborating with Udeh Jones Udeogu Slok Nigeria and Emeka Abone (at large) “in concealing the genuine origin of an aggregate sum of N7, 197,871,208.70…”

    The alleged offence violates Section 17(c) of the Money Laundering (Prohibition) Act, 2004, and was liable to be punished under Section 16.

    Kalu and Udeogu, a former Director of Finance in Abia State Government House, pleaded not guilty to the charge.

    They were initially arraigned on a 34-count charge to which five fresh counts were added.

    Prosecuting counsel Rotimi Jacobs (SAN) said the amendment was needed because of new evidence provided by the 19 witnesses who testified in the trial. He said he would not call additional witnesses despite the amendment having closed the prosecution’s case on May 11.

    Beside the N7.2billion, the defendants were also accused of receiving N460million allegedly stolen from the Abia State Government treasury between July and December 2002.

    EFCC said they breached Section 427 of the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990.

    Udeogu, Slok Nigeria, Abone and Michael Udo, also at large, were accused of collaborating with Kalu to conceal the “genuine origin” of allegedly stolen funds.

  • Court convicts fleeing doctor for cocaine trafficking

    The Federal High Court in Lagos on Monday convicted a medical doctor, Dennis Konyeaso, for cocaine trafficking.

    The court, however, could not pass a sentence because the doctor is on the run.

    Justice Mohammed Idris discharged and acquitted Konyeaso’s wife Chidi, who was charged along with him by the National Drugs Law Enforcement Agency (NDLEA).

    They were arraigned in 2012 on four-count charge of conspiracy, unlawful dealing and storing of 3.3 kilograms of cocaine.

    NDLEA alleged that the couple, in July 2007, conspired to export 3.3 kilograms of cocaine with the aid of an ex-convict Victor Keyamo.

    They were also alleged to have stored the banned substance at their Plot 729 Atere, Omole Estate, Ikeja, Lagos home without lawful authority.

    Prosecuting counsel Mrs. Obiageri Iwuchukwu said the alleged offence contravenes sections 14(b), 19 and 12 of the NDLEA Act of 2004.

    Mrs Konyeaso said her husband abandoned her and their three children for several years after he learnt that the NDLEA operatives invaded their house in search of the banned substance.

    Read Also: Omo-Agege says Saraki must quit Senate Presidency

    She said she never knew that her husband was into drug trafficking.

    According to her, she got to know when the officials searched their house and found parcels of cocaine.

    The case was slated for judgment on Monday, but Mr Konyeaso, who is on bail, was absent.

    The wife said she did not know his whereabouts.

    Justice Idris convicted him in absentia but cleared the wife of all the counts.

    The judge adjourned sentencing until when the convict is arrested.

  • EFCC re-arraigns Senator for alleged money laundering

    *Lawmaker gets leave to travel
    The Economic and Financial Crimes Commission ( EFCC ) on Friday re-arraigned Senator Peter Nwaoboshi for alleged money laundering.

    The commission re-arraigned him along with Golden Touch Construction Projects Limited and Suiming Electricals for alleged N322million fraud.

    The charge is before Justice Chukwujekwu Aneke of the Federal High Court in Lagos.

    The defendants were first arraigned on April 25 before Justice Mohammed Idris, who was later elevated to the Court of Appeal.

    The case was re-assigned to Justice Aneke to begin afresh.

    Two witnesses, Prince Kpokpogiri and Murtala Abubakar, had testified before Justice Idris.

    The prosecution alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House on Marine Road in Apapa, Lagos for N805million between May and June 2014.

    The anti-graft agency claimed that N322million out of the N805million was part of proceeds of “an unlawful act, to wit: fraud.”

    The EFCC alleged that the N322million was transferred to the property’s vendor on the order of Suiming Electricals, which was accused of aiding Nwaoboshi and Golden Touch Construction Projects to commit money laundering on or about May 14, 2014.

    According to EFCC, Nwaoboshi, a former Delta State Peoples Democratic Party (PDP) chairman, got a contract through Bilderberg Enterprises Ltd to supply new construction equipment to the state Direct Labour Agency at N1,580,000,000.

    Read Also: EFCC arraigns Saraki’s aide, others for alleged N3.5b fraud

    The company allegedly imported and supplied used construction equipment rather than brand new ones despite receiving full payment.

    EFCC said Nwaoboshi, with the proceeds, bought the 12-floor building from Delta State Government at N805million in the name of Golden Touch Construction Projects.

    The commission said the Senator had “no visible legitimate business venture to generate the amount spent to purchase the said property.”

    The alleged offence contravenes sections 15(2)(d) and 18(a) of the Money Laundering (Prohibition) Act 2011 and punishable under Section 15(3).

    After pleading not guilty to the charge, Justice Aneke allowed Nwaoboshi to continue on bail based on the terms earlier imposed on him by Justice Idris.

    Defence counsel Emmanuel Kachukwu (SAN) urged Justice Aneke order the release of Nwaoboshi’s passport to enable him travel to Indonesia on October 8.

    He said the lawmaker would return on October 19.

    Granting the request, the judge said the passport should be returned to the court’s registrar by October 23.

    Justice Aneke adjourned until October 25 for trial.

  • Diezani ‘bribe’: INEC chiefs seek case transfer

    A former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State Mr Christian Nwosu on Thursday said Justice Mohammed Idris lacks the jurisdiction to try him.

    He said the judge ought to transfer the case to another judge having been elevated to the Court of Appeal.

    The Economic and Financial Crimes Commission (EFCC) re-arraigned Nwosu at the Federal High Court in Lagos for allegedly accepting gratification from former Minister of Petroleum Resources Mrs Diezani Alison-Madueke (“still at large”).

    He was re-arraigned along with Tijani Bashir before Justice Idris.

    They were charged with another INEC official Yisa Adedoyin, who pleaded guilty to the offence and was convicted following a plea bargain.

    Nwosu had initially pleaded guilty to receiving N30million bribe from Mrs Alison-Madueke to rig the 2015 general election results, but he changed his plea to not guilty.

    EFCC said they allegedly conspired to directly take possession of N264,880.000, which they reasonably ought to have known forms part of an unlawful act – gratification.

    They also allegedly made cash payment of N70,050,000 to Adedoyin, which exceeds the amount authorised by law without going through a financial institution.

    Read Also: Court forfeits N325.4m land linked with Diezani

    Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he reasonably ought to have known forms part of gratification.

    Bashir was also charged with indirectly retaining and concealing N30million, being part of the proceeds of an unlawful act: “criminal misappropriation”.

    The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.

    EFCC had earlier closed its case before the charge was amended.

    Rather than open their defence, Nwosu and Bashir made no-case submissions, urging the court to discharge and acquit them.

    But Justice Idris dismissed the no-case submissions.

    Yesterday, the defendants, through their lawyers Victor Opara (for Nwosu) and Nelson Umoh, prayed that the case be re-assigned to another judge.

    They argued that there was no provision in the Constitution that empowers the judge, upon his appointment and confirmation as a Justice of the Court of Appeal, to double as a judge of the Federal High Court.

    “A Justice of the Court of Appeal of Nigeria cannot deliver, make pronouncement, recommendation, decision and or judgement on matters pending before the Federal High Court of Nigeria.

    “The constitutional elevation of my lord cannot be circumscribed by Section 396 (7) of ACJA”, Opara said.

    But Oyedepo emphasised that the prosecution had already closed its case before the judge’s elevation.

    He said the judge is eminently qualified to continue with the “part-heard” case as defined in Section 494 of the Administration of Criminal Justice Act (ACJA) 2015.

    “Section 396 (7) of ACJA gives my lord ‘special dispensation’ to hear and determine part-heard cases which is applicable in this circumstance.

    “There is nothing in the Constitution that specifically restricts or prohibits the granting of ‘special dispensation’ to hear and conclude a part-heard criminal matter by an elevated judge.

    “The provision of Section 396 (7) of ACJA is merely complementary to the Constitution and is not inconsistent with it,” Oyedepo said.

    Justice Idris adjourned until August 27 for ruling.

     

  • Alleged fraud: Court permits Senator to travel abroad for medical treatment

    The Federal High Court in Lagos on Thursday granted senator representing Delta North Peter Nwaoboshi permission to travel abroad for medical treatment.

    Justice Mohammed Idris directed that his international passport be released to him.

    Nwaoboshi’s lawyer Chief Anthony Idigbe (SAN) prayed the court to grant his client permission to embark on a medical appointment scheduled for June 11 in the United States.

    Granting the application, Justice Idris held that only the living could stand trial.

    The judge ordered that the passport be released to Chief Idigbe and that it must be returned on or before June 20.

    The Economic and Financial Crimes Commission (EFCC) arraigned Nwaoboshi for alleged N322million fraud.

    The Senator was charged with two firms – Golden Touch Construction Projects Limited and Suiming Electricals Limited.

    The charges border on conspiracy and money laundering.

    Read Also: Court okays IGP’s suit against Saraki, Senate

    The EFCC alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House, Marine Road, Apapa, Lagos for N805million between May and June 2014.

    The anti-graft agency claimed that N322 million out of the N805 million, which Nwaoboshi and the firm allegedly paid for the property, was part of proceeds of “an unlawful act, to wit: fraud.”

    The EFCC alleged that the N322million was transferred to the property’s vendor on the order of Suiming Electricals.

    Suiming Electricals was accused of aiding Nwaoboshi and Golden Touch Construction Projects to commit money laundering on or about May 14, 2014.

    The prosecution said the defendants acted contrary to sections 18(a) and 15(2)(d) of the Money Laundering (Prohibition) Act 2011 and are liable to punishment under Section 15(3) of the same Act.

    According to EFCC, Nwaoboshi, a former Delta State Peoples Democratic Party (PDP) chairman, got a contract through one of his companies, Bilderberg Enterprises Ltd, to supply new construction equipment to the state Direct Labour Agency at N1, 580,000,000.

    The company allegedly imported and supplied used construction equipment rather than brand new ones despite receiving full payment.

    EFCC said Nwaoboshi, with the proceeds, bought the 12-floor building from Delta State Government at N805million in the name of Golden Touch Construction Projects.

    The commission said the Senator had “no visible legitimate business venture to generate the amount spent to purchase the said property.”

    The defendants pleaded not guilty.

    Justice Idris adjourned until June 20 for trial.

  • Court to Buhari: Order EFCC, others to release report on budget padding

    A Federal High Court sitting in Lagos has ordered President Muhammadu Buhari to order security and anti-corruption agencies to forward to him reports of their investigations into allegations of padding and stealing of about N481 billion from the 2016 budget by some principal officers of the National Assembly (NASS).”

    Justice Mohammed Idris who gave the order also instructed the President Buhari to direct the Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN), and/or appropriate anti-corruption agencies to without delay commence prosecution of indicted lawmakers.

    Justice Idris issued the order in a judgment  delivered on Monday in a mandamus suit no: FHC/L/CS/1821/2017filed by Socio-Economic Rights and Accountability Project (SERAP) against the government.

    The defendants in the suit are the President of Nigeria, Muhammadu Buhari and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN).

    The suit was filed last year by SERAP through its counsel, Mrs Joke Fekumo, after the organization  received “credible information from multiple sources that the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) have completed investigations into the allegations of padding of the 2016 budget, completed their reports, and indicted some principal officers of the House of Representatives and the Senate, and that the accounts of some of the principal officers containing allegedly illicit funds have been frozen, and that the case files for the prosecution of those indicted were ready.

    The suit read in part: “Unless the principal officers indicted in the alleged padding of the 2016 budget are prosecuted and any stolen public funds recovered, the Federal Government will not be able to stop padding of future budgets. Alleged corruption in the budget process will not just melt away or simply evaporate without addressing the fundamental issue of impunity of perpetrators.

    “Addressing alleged corruption in the budget process by pursuing prosecution of indicted principal officers of the National Assembly will provide an important opportunity for the Federal Government to reignite the fight against corruption and fulfill a cardinal campaign promise, to show that the Federal Government works on behalf of the many, and not the few, as well as jumpstart economic activities and break the back of the recession.

    “Publishing the report of the investigation of the alleged padding of the 2016 budget, and prosecuting suspected perpetrators are absolutely important to avoid another padding, which the Federal Government can ill afford.

    Read Also: N400m fraud: EFCC asks court to try Metuh in absentia

    Justice Idris, in his judgment,  ordered the President to “direct the publication of the report of investigations by security and anti-corruption bodies into the alleged padding of the 2016 budget.

    He held that President Buhari in the exercise of his executive powers has a duty to ensure compliance with the provisions of Article 22 of the African Charter on Human and Peoples’ Rights, and that the President is “expected to use his executive powers for the public good of Nigeria.”

    Article 22 of the African Charter provides that, “All peoples shall have the right to their economic, social and cultural development with due regard to their freedom,” and that “States shall have the duty, individually or collectively, to ensure the exercise of the right to development.”

    Justice Idris also granted an order directing the President to “urgently halt alleged attempt by some principal officers of the NASS to steal N40 billion of the N100 billion allocated by his government as ‘zonal intervention’ in the 2017 budget.”

    The court also ordered the President “to closely monitor and scrutinize the spending of N131 billion (accrued from increased oil bench mark) allocated for additional non-constituency projects expenditure, to remove the possibility of corruption.”

    It was the contention of the court that “SERAP, being a human rights non-governmental organization has sufficient interest in the way and manner public funds are being utilized in this country.”

    Reacting to the judgment of the court, SERAP deputy director Timothy Adewale said: “This judgment confirms the pervasive corruption in the budget process and the prevailing culture of impunity of our lawmakers as well as the failure of the authorities to uphold transparency and accountability in the entire budget process and implementation.

    “The judgement is an important step towards reversing a culture of corruption in the budget process that has meant that many of our lawmakers see the budget more as a ‘meal ticket’ to look after themselves than a social contract to meet people’s needs and advance equity and development across the country.”

    “This is a crucial precedent that vindicates the right to a transparent and accountable budget process and affirms the budget as government’s most important economic policy document, which is central to the realization of all human rights including the rights to health, water, and education. We are now in the process of obtaining a certified copy of the judgment. SERAP will do everything within its power to secure the full and effective enforcement of this important judgment.”

  • EFCC’s fresh evidence hearing of Patience Jonathan’s suit

    The Federal High Court in Lagos on Wednesday adjourned the hearing of a suit by former First Lady Dame Patience Jonathan against the Economic and Financial Crimes Commission (EFCC) until May 22.

    Mrs Jonathan is praying Justice Mohammed Idris to order the commission to unfreeze her accounts with $15.5million.

    Four companies had pleaded guilty before Justice Babs Kuewumi of the same court to allegedly laundering the money.

    On Wednesday, Mrs Jonathan’s lawyer Mr Ifedayo Adedipe (SAN) said EFCC sought for leave to file additional processes, which had not been served on him.

    EFCC’s lawyer Nnemeka Omenwa confirmed that the processes were filed on April 27.

    Justice Idris said since parties had just been served with the processes, they needed time to respond.

    He adjourned until May 22.

  • Alleged N3.2b fraud: Kalu’s trial stalled again

    Alleged N3.2b fraud: Kalu’s trial stalled again

    The trial of a former Governor of Abia, Orji Uzor Kalu, charged with N3.2 billion fraud,on Wednesday suffered another setback at a Federal High Court, Lagos, as the judge was unavailable.

    Kalu was arraigned by the Economic and Financial Crimes Commission ( EFCC ) alongside his former Commissioner for Finance, Ude Udeogo, on 34 counts bordering on fraud.

    Also charged is Kalu’s company, Slok Nigerai Ltd; the accused had pleaded not guilty to the charges.

    Justice Mohammed Idris was absent at Wednesday’s scheduled proceedings as he was said to be attending a conference outside the state.

    Consequently, the court fixed continuation of trial for Nov. 28, 29, 30 and Dec. 1.

    On Oct. 3, the absence of Counsel to the EFCC, Mr Rotimi Jacobs (SAN) had stalled trial as he wrote to the court informing it of his absence and asked for a short adjournment which was scheduled for Wednesday, Nov. 8.

    The EFCC had on Oct. 31, 2016, slammed fraud charges on Kalu and Udeogo.

    The accused had allegedly committed the offences between August 2001 and October 2005 by utilising his company to retain in the account of a First Inland Bank, (now FCMB), the sum of N200 million.

    The prosecution said the money formed part of funds illegally derived from the coffers of the Abia State Government.

    Slok Nigeria Ltd and Emeka Abone, still at large, were also alleged to have retained in the company’s account the sum of N200 million on behalf of the first accused.

    The accused were also alleged to have retained about N2.5 billion in different accounts which funds were said to belong to the Abia  Government.

    Cumulatively, in all the counts, the accused were alleged to have diverted over N3.2 billion from the Abia Government’s treasury during Kalu’s tenure as governor.

    The offences contravened Sections 15(6), 16, and 21 of the Money Laundering (Prohibition) Act, Laws of the Federation 2005 as well as the Money Laundering Act of 1995 (as amended by the amendment Act No. 9 of 2002 and Section 477 of the Criminal Code Act, Laws of the Federation, 1990.

    NAN

  • Trial of Amosu, other ex-service chiefs resumes Dec. 5

    Trial of Amosu, other ex-service chiefs resumes Dec. 5

    The absence of  Justice Mohammed Idris of a Federal High Court, Lagos on Tuesday forced the adjournment until Dec. 5, 6 and 7 the trial of a former Chief of Air Staff, Air Vice Marshall Adesola Amosu and 10 others charged with N22.8 billion fraud.

    The Economic and Financial Crimes Commission ( EFCC ) had on June 29, 2016 arraigned Amosu alongside Air Vice Marshal Jacob Adigun, Air Commodore Gbadebo Olugbenga and eight companies.

    The companies are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BDC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon HealthCare.

    The case which was earlier scheduled for continuation of trial on Tuesday, was again adjourned to the new dates following the absence of Justice Mohammed Idris.

    No reason was given for his absence.

    The accused are standing trial on charges bordering on conspiracy, stealing and money laundering.

    They had pleaded not guilty to the charges and were granted bails.

    The accused were alleged to have indirectly converted N3.6 billion belonging to the Nigerian Air Force to their own.

    In addition, Amosu and others were alleged to have stolen over N323 million from the accounts of the Nigerian Air Force between March 21, 2014 and March 12, 2015 and that the money was utilised for the purpose of purchasing for themselves a property situated at No.1, River Street, Wuse II, Abuja.

    The offences. according to the EFCC, contravene Sections 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

    NAN

  • NSCDC arrests motorcycle-snatching syndicate in Nasarawa

    NSCDC arrests motorcycle-snatching syndicate in Nasarawa

    The Nigeria Security and Civil Defence Corps (NSCDC) Command in Nasarawa State said it arrested a syndicate that specialised in snatching motorcycles from commercial riders in Lafia and its environs.

    The state’s Commandant, Mr Lawan Bashir-Kano, told newsmen on Friday in Lafia that two suspected members of the gang were arrested by the command through  collaboration with neighbourhood vigilance groups.

    He said one 35-year old Abubakar Zakari was arrested on June 20 at Akura village near Lafia with a Bajaj motorcycle allegedly snatched from Isiaka Usman of the same village.

    He added that the suspect had confessed to the crime and disclosed that he and his gang stole over nine other motorcycles recently.

    Lawan-Kano said another suspected member of the gang, Mohammed Idris, 24, was arrested while attempting to steal a motorcycle at New Garage along Makurdi Road in Lafia.

    He noted that Idris was beaten by a mob before being rescued by officers of the command.

    The commandant decried the rampant cases of motorcycle snatching and robbery in Lafia, which caused the death of many commercial riders.

    He, therefore, appealed to the riders to be weary of suspicious-looking passengers they carry and the areas they plied.

    “We are appealing to ‘Okada’ operators to consider their safety first by observing safe working hours,’’ Lawan-Kano said.

    He said the suspects would be prosecuted accordingly after investigation.