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Tag: Mr Rotimi Oyedepo

  • EFCC re-arraigns Ajumogobia, Obla for alleged unlawful enrichment

    EFCC re-arraigns Ajumogobia, Obla for alleged unlawful enrichment

    The Economic and Financial Crimes Commission (EFCC) on Friday re-arraigned Justice Rita Ofili-Ajumogobia and Chief Godwin Obla (SAN), for alleged unlawful enrichment and conspiracy to pervert the course of justice.

    The re-arraignment before an Ikeja high court was sequel to amendment to charges preferred against them before Justice Hakeem Oshodi.

    The new charge sheet against the defendants contained 31 counts as against the former charge of 30 counts when they were first arraigned in November 2016.

    In the new charge, Justice Ofili-Ajumogobia was, among other things, accused of receiving a total of $793,800 in several tranches from different sources between 2012 and 2015 “so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.”

    Obla, on his part, was accused of offering N5m as gratification to the judge so as to allegedly pervert the course of justice.

    The offences were said to be contrary to sections 64(1), 82(a) and 69(1) (a) of the Criminal Laws of Lagos State No. 11, 2011.

    But the defendants pleaded not guilty to all the charges as they did earlier.

    Meanwhile, the 12th prosecution witness, Abdullahi Lawal, an investigator, continued his testimony before the court on Friday.

    Led in evidence by the prosecutor, Mr. Rotimi Oyedepo, Lawal pointed out three deposits of N4million, N3million and N5million, made into the account of Nigel and Colive Nigeria Limited, a company allegedly belonging to Justice Ofili-Ajumogobia.

    The deposits, he said, were made on July 11, 2014, by a Customs officer, Omali Musa.

    According to him, when Musa was confronted, he told the anti-graft agency that he carried out the instruction of his superior, Musa Tahir, who, in turn, said the instruction to pay the money was from the former Comptroller General of Customs, Abdullahi Dikko.

    Lawal said the finding was contrary to Justice Ofili-Ajumogobia’s claim that the N12million was proceeds of landed property bequeathed to her by her late mother.

    He said, “The sum of N12million was not part of the lawful income of the first defendant.

    “They were payments made by Omali Musa, a Customs officer. They were sums being paid by Customs officers into Musa’s account, which he later transferred into the account of the first defendant.”

    Under cross-examination by Justice Ofili-Ajumogobia’s lawyer, Chief Robert Clarke (SAN), Lawal said he did not interview Dikko to find out the reason for the payment.

    He, however, said, “Even though I did not see Mr. Dikko, I saw a written note given to Mr. Tahir by Mr. Dikko, containing the account number of Nigel and Colive, and says effect the payment.”

    Lawal said he did not caution the judge when asked by the defence counsel if he cautioned the judge during the telephone conversation that whatever she has said would be used against her in court.

    The witness said that no forensic expert was called to analyze the signature of one Charles Musa on a document alleged to have been forged by Ajumogobia.

    Justice Oshodi has adjourned further proceedings in the matter till March 23, 2013.

    Read Also: Ajumogobia, Obla can travel abroad for medical treatment, says court

  • Customs paid N12m into Ofili-Ajumogobia’s account – witness

    Customs paid N12m into Ofili-Ajumogobia’s account – witness

    Mr Musa Omale, a witness in the ongoing trial of Justice Rita Ofili-Ajumogobia for corruption, on Friday, said that the Nigeria Customs Service (NCS) paid N12 million into a bank account owned by the judge.

    Omale, an Assistant Comptroller of Customs, made the assertion while giving testimony in the ongoing trial of the judge of the Federal High Court, Justice Ofili-Ajumogobia before an Ikeja High Court.

    Led in evidence by Mr Rotimi Oyedepo, counsel to the Economic and Financial Crimes Commission (EFCC), the witness said that the NCS paid the amount into the account of a company, Nigel and Colive Ltd.

    Omale, who is the fifth witness for the anti-graft agency, said that the account was run by the judge.

    He said that the transaction occurred on July 11, 2014, under the instructions of the then Comptroller General of the NCS, Alhaji Abdullahi Dikko.

    “In the course of my duty in 2014, the Deputy Comptroller General who I was directly working with, Mr Musa Tahir, came down from the office of Comptroller General of Customs (CGC), Mr Abdullahi Dikko.

    “He gave me the account number of Nigel and Colive Ltd, telling me that the CGC said that we should liase with the 12 commands of the customs service and that each command should pay N1million each into my bank account.

    “Tahir told me that when I receive the money, I should transfer the whole sum into the account of Nigel and Colive.

    “The instructions were carried out as directed and on July 11, 2014, the N12 million was paid in three trenches of N3million, N4million and N5million into the account of Nigel and Colive Ltd.

    “No services were rendered to our command to warrant the payments of the funds into the account,” Musa said.

    The witness, in his evidence, said that when he was invited by the EFCC, he was initially tempted to give a false statement to the anti-graft agency.

    “I was invited to the EFCC office, I was told to explain the reason behind the transaction and I remember volunteering to give my statements.

    “I was initially trying to protect myself stating that I did not know anything about the money but at a point, something was telling me ‘when did you become a liar, do you not know your upbringing?

    “At that point, I retracted my statement and I revealed all that transpired during the course of that transaction,” Musa said.

    However, while being cross – examined by the lead defence counsel to Ofili-Ajumogobia, Mr Robert Clarke (SAN), Musa said he did not know the purpose of the N12 million he transferred.

    Clarke said, “In the face of the statement of account that you’re holding, does it show any reason for transferring the money?

    “You work with the NCS which is a para – military organisation, I believe you are trained to obey to the last instructions without asking questions.

    “The spirit that told you to tell the truth at the EFCC, was it an acquired spirit or when you were receiving instructions and transferring the money did the spirit tell you anything?’’

    Responding to Clarke’s questions, Musa said “The statement of account in my hands does not reveal any reason for the transaction.

    “I was instructed by my bosses to do the transaction and I’m not trained to ask questions, it was my conscience that told me to tell the truth.

    “I was not harassed, coerced or intimidated by the EFCC to give my statements.”

    NAN reports that on March 17, a fourth prosecution witness, Mr Uchenna Okaranwolu, a former banker, had revealed to the court that the Delta State Government had paid N15 million into the judge’s Access bank account.

    Ofili-Ajumogobia, is standing trial alongside Mr Godwin Obla, SAN, a former prosecutor of the EFCC.

    The duo is jointly charged on two-counts of perverting the course of justice while Obla is facing an additional two counts of offering gratification in the sum of N5 million to Ofili-Ajumogobia, a public official, while serving as a judge.

    Ofili-Ajumogobia faces a 26-count charge bordering on unlawful enrichment, taking property by a public officer, corruption by a public officer, forgery and giving false information to an official of the EFCC.

    Both denied all the charges.

    Another prosecution witness, Mr Robertson Emafidon, revealed during proceedings details of the N5 million which was transferred from Obla’s United Bank of Africa (UBA) bank into the judge’s account.

    Emafidon, the Head of Regulatory Liason at the Head Office of the UBA, said “Sometime in November 2016, we received a letter from the EFCC asking us to avail them of the account opening documents and statement of account regarding the subject customer.

    “I made copies of the documents, certified them as true copied, signed and forwarded them as a letter back to the EFCC.

    “There was a debit of N5million on May 21, 2015 from the account of Obla and Co into the bank account of Nigel and Colive Ltd.

    “On May 18, 2015 there was a credit of N16.5million from the account of D.S.J Integrated Services into the bank account of Obla and Co.”

    However, while being cross – examined by Clarke and Chief Ferdinard Orbih (SAN), defence counsel to Obla, Emafidon denied any knowledge of the purpose of the bank transfers.

    “I don’t know the purpose of the transfers, I was not personally involved in any of these transactions and I was not in any of the branches where the transactions occurred,” Emafidon said.

    After the witnesses had given their evidence, Oyedepo, the EFCC counsel, made an oral application to the court seeking for some witness summons to compel additional witnesses to testify for the EFCC in the trial.

    “My Lord, I want to apply for a witness summons to be issued on Mr Charles Musa, a proposed eleventh witness on the proof of evidence, Mr Frank Ezenwe and Mr Danladi Haliyu the fifth and sixth witnesses in the additional list of witnesses.

    “We will also request for a subpoena to the Registrar of Titles of the Bureau of Lands, Lagos, to produce a deed of assignment,” Oyedepo said.

    Justice Hakeem Oshodi adjourned the case until May 26 for the continuation of trial.

  • Court orders final forfeiture of Naval boss’s N1.83bn to FG

    A Federal High Court in Lagos on Thursday ordered the final forfeiture of N1.83 billion, belonging to a former Chief of Naval Staff, Admiral Dele Ezeoba.

    The court made the order for permanent forfeiture of the sum, following an application by the EFCC prosecutor, Mr Rotimi Oyedepo, pursuant to section 17 of the Advanced Fee Fraud Act 2006.

    Joined in the suit as defendants, were Chukwuka Onwuchekwa and Aquila Leasing Ltd.

    The trial judge, Justice Muslim Hassan, had on March 15, issued an interim order for forfeiture of the said sum.

    Hassan had then ordered the EFCC to make a publication of same in a national newspaper, for the knowledge of interested parties.

    Delivering judgment on Thursday, the judge ordered a final forfeiture of N1.825 billion to the coffers of the Federal Government of Nigeria.

    He held that the EFCC, having complied with the provisions of section 17 of the Act, as well the EFCC Act and the fact that the property was unclaimed, it was appropriate to make the orders.

    “Having satisfied that such property is an unclaimed property, and also satisfying the provisions of the law, the court shall order the final forfeiture of the said property.

    “In this view, there is no other proof required to enable the court make an order of final forfeiture; this application is meritorious and hereby granted.

    “An order is hereby made for final forfeiture of the total sum of N1.825 billion to the federal government of Nigeria,’’ Hassan ruled.

    The News Agency of Nigeria (NAN) reports that the EFCC had, while moving the application, said that the money was traced to the account of Aquila Leasing Ltd and that Ezeoba had agreed, in his statement to the EFCC, to forfeit the money.

    He had said that the money was proceeds of crime fraudulently diverted from the Nigerian Navy, under the leadership of Dele Joseph Ezeoba.

    The anti-graft agency said Ezeoba used the name of “Chukwuka Onwuchekwa’’ to open a fraudulent account in disguise, while he was the one who truly laundered the money.

    EFCC said that the former Naval Chief admitted that the account was opened with Onwuchekwa’s consent while he (Ezeoba) managed it.

    The commission said that in a “desperate bid” to further disguise and conceal the illicit source of the funds, Ezeoba entered into a memorandum of understanding to buy Aquila’s shares from Onwucheka, who was the managing director.

    It said that the shares were worth N2.4 billion, out of which N1.83 billion had been recovered in drafts in favour of the Federal Government.

    The EFCC had therefore, sought for an order of the court to forfeit the entire the N1.825 billion to the federal government.

    Meanwhile, the respondent did not oppose the application for final forfeiture of the sums.

    Counsel to the respondent, Mr Pascal Madu, had said that his clients were not opposed to the permanent forfeiture of the money.

    He, however, said that his clients were not involved in any fraud, adding that Ezeoba, gave them the money to buy shares for him, as part of savings over the years.

     

  • Belgore: EFCC’s prosecutor’s absence stalls trial

    The absence of the EFCC prosecutor, Mr Rotimi Oyedepo, on Thursday stalled the trial byFederal High Court

    Belgore is being prosecuted by the Economic and Financial Crimes Commission (EFCC) alongside a former Minister of National Planning, Prof Abubakar Suleiman.

    The accused are standing trial before Justice Mohammed Aikawa on a five-count charge bordering on money laundering to the tune of N450 million.

    On Wednesday, a lawyer from the EFCC, Mr Nkereuwem Anana, had informed the court that the prosecutor, Mr Rotimi Oyedepo, was `held up’ on his way to the court because of a fault in his vehicle.

    Anana said the first prosecution witness, was also on his way from Ekiti, and urged prayed the judge to stand down the case to enable the prosecution arrive.

    In response, defence counsel, Mr Ebun Shofunde (SAN), raised an objection for a stand down on the grounds that he had another case for the day.

    He argued that the court could not wait for a witness, who was still on his way, and urged the court to adjourn the case.

    The judge held that he would not stand the case down at the instance of a witness when there were 29 other cases on his cause list for the day.

    Aikawa then urged the prosecution to show more seriousness so that the case could be disposed of as soon as possible.

    Consequently, the judge adjourned the case to March 13 and March 14 for definite trial.

    The EFCC had charged the accused with conspiracy to directly take possession of N450 million which they reasonably ought to have known formed part of the proceeds of an unlawful act.

    The commission said that they committed the offence on March 27, 2015.

    On the second count, the EFCC said that the accused directly took possession of the sum of N450 million, while on the third count, the accused were said to have conspired to make cash payment of the sum without going through a financial institution.

    On counts four and five, they were accused of making cash payment of N450 million to one Sheriff Shagaya without going through a financial institution.

    The offences, according to the EFCC, contravene the provisions of Section 15, 15(3), 16, 16(2) 18(a) and 18 (d) of the Money Laundering (Prohibitions) (Amendment) Act, 2012.

    The accused had pleaded not guilty to all the counts, while the court granted them bail on self-recognition.

  • N5.1bn fraud: Prosecutor’s absence stalls Jonathan’s ex-aide’s trial

    N5.1bn fraud: Prosecutor’s absence stalls Jonathan’s ex-aide’s trial

    The Federal High Court, Lagos Tuesday adjourned till Wednesday the continued trial of former Special Assistant on Domestic Affairs to ex-President Goodluck Jonathan, Waripamo-owei Emmanuel Dudafa, following prosecuting counsel Mr. Rotimi Oyedepo’s absence.

    Dudafa, who the court heard was ‘seriously sick’, was also not brought to court from prison custody.

    He and one Iwejuo Joseph Nna, also known as Taiwo Ebenezer and Olugbenga Isaiah, are standing trial before Justice Mohammed Idris on a N5.1billion fraud charge preferred against them by the Economic and Financial Crimes Commission (EFCC).

    The two accused persons were alleged to have used four companies namely; Pluto Property Development Company Limited, Avalon Property Development Company Limited, Seagate Property Development Company Limited, Rotato Property Development Company Limited, and Ebiwise Resources Limited.

    At the resumption of proceedings yesterday, Justice Idris read out a letter from the EFCC and signed by Oyedepo seeking an adjournment to enable him defend an appeal filed by Mr. Ricky Tarfa (SAN), against the Commission in suit number CA/497/2016.

    Tarfa is being prosecuted by the EFCC in three courts on charges including offering gratification to judicial officers and obstruction of public officers in the performance of their duties.

    Defence counsel Mr. Gboyega Oyewole, who did not oppose the application, said he was surprised at his client’s absence.

    “On enquiry from Prison officials, I was told that Dudafa was seriously sick that was why they didn’t bring him to court,” Oyewole said.

    He added that the anti-graft agency had “flagrantly disobeyed” the order of the court to hand over Dudafa’s international passport to the court registrar.

    Consequently, Justice Idris granted the adjournment till November 10, for continuation of trial.

  • Alleged N22.8b fraud: Amosu, others’ trial stalled

    Alleged N22.8b fraud: Amosu, others’ trial stalled

    The Federal High Court in Lagos on Friday adjourned till Monday the trial of a former Chief of Air Staff, Air Marshal Adesola Amosu (retd.) and 10 others, facing trial for an alleged fraud of N22.8billion.

    The court made the order following doubts cast by one of the defence counsel, Norrison Quakers (SAN) on the identity of an Economic and Financial Crimes Commission (EFCC), witness, Mr Mojeed Olatunji.

    Quakers demanded that Olatunji should produce his international passport.

    Olatunji, a compliance officer with Skye Bank Plc, had commenced his testimony before the court on Thursday and the court fixed Friday for his cross-examination.

    However, the proceedings were stalled when Quakers questioned the identity of the witness and demanded that he tendered his passport to prove that he was the same person that signed a letter he had earlier presented to the court.

    When the witness could not present the passport, the lawyer asked trial judge, Justice Mohammed Idris, to adjourn the case to enable the witness to produce the document.

    In spite of objections from prosecuting counsel, Mr Rotimi Oyedepo, who argued that the development was a ploy by the defence to delay the matter, the judge granted the adjournment.

    According to the judge, it is in the interest of justice to grant the adjournment and though a trial must be conducted without unnecessary delay a defendant must be given enough time to defend himself.

    He, therefore, adjourned the case till Monday for the continuation of trial.

    Amosu was arraigned on June 29 this year by the EFCC alongside two senior serving Air Force officers, Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni Olugbenga and seven companies.

    Companies named in the charge 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 Health Care Ltd.

    The EFCC accused them of conspiracy, stealing, money laundering, concealing of proceeds of crime and conversion of funds belonging to the Nigerian Airforce to their personal use around March 5, 2014, in Lagos.

    They were also accused of concealing “proceeds of crime” and thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 17(a).

    However, the defendants pleaded not guilty to the charges, a development which made the trial judge, Justice Idris to grant Amosun, Adigun and Olugbenga bail in the sum of N500m each with two sureties in like sum.

    The witness, Olatunji had told the court on Thursday that Skye Bank Plc received an enquiry from the anti-graft agency on January 30, 2916, demanding for the  Nigerian Air Force operational account, which the bank in return, furnished the Commission with the Account Opening Package that includes signatories to the account, mandate, and statement of account, customer’s instructions with some transaction in the account. The Certified True Copy (CTC) of these documents were tendered and admitted as exhibits.

    The EFCC’s witness also stated that on September 11, 2014, there was debit of N2409,367,700 billion, while on September 15, 2016, the sum of N959, 750, 015, was transferred from the Account to NAF Special Emergency Operation (NSEO)

    The witnesses also stated that on September 18, 2014, the account was debited the sum of N893,295,605, while on September 24, 2014, the sum of N556,321,894, was transferred to NSEO. He added that on December 5, 2014, March 16, 2015, and May 15, 2015, there was an inflow of the sum of N4, 597, 837, 900; N1 billion, N1. 246, 052, 850 and N2. 886, 518, 800, from the office of National Security Adviser and  Accountant General of the Federation (AGF), into the NAF’s account with his bank. Adding that on June 2, 2015, there was a payment of N1,689,498,494 billion from NAF’s account to NAF Samal Lafia account.

    Olatunji further stated that on July 10 the sum of N1.072,111,675 billion was paid into the account from CBN.

    He also stated that between December 11, 2014, the sums of N N2. 274, 400, 173.38 billion, was debited inti the account of NSEO, while on December 12, one Emeka withdrew the sum of N11, 250, 000.
    And between March 18, 24 and May 19, 2015, the sum of N695,215,729; N304,784,271; N719, 206, 592; N572,446,258, and N1.247,303,186, were paid into the accounts of NSEO with a new generation Bank.

    The Skye Bank official, who was led in evidences-in-Chief by the prosecution counsel, Rotimi Oyedepo further stated that the sum of N1.639,215,614; N11.8 million; N896, 205,650,; N793, 292, 825; N652, 719, 825; N419, 392,560, were transferred from NAF’s account to NSEO’s account, between May 22, 2015, and July 14, 2015. While the sum of N7.908, 857.61 was withdrawn by one Sergeant Agbogidi Murphy on September 9, 2015.

    The prosecution witness said that all the transactions were carried out following January 28, 2014 directive of three signatories into the account. And the three signatories to the NAF’s account, Vice Marshal Adigun, Commodore Gbadebo and POC Ifeogu.

    In one of the counts, the defendants were accused of indirectly converting a sum of N3.6bn belonging to the Nigerian Airforce to their own.

    In another instance, the EFCC alleged that Amosun and the others stole N323,319,283.81 from the accounts of the Nigerian Air Force between March 21, 2014, and March 12, 2015, to purchase for themselves a property situated at No.1, River Street, Wuse II Abuja.

  • We have video evidence to nail Tarfa – EFCC

    We have video evidence to nail Tarfa – EFCC

    The Economic and Financial Crimes Commission (EFCC) on Friday told a Lagos State High Court sitting in Igbosere, that it had electronic evidence to convict Senior Advocate of Nigeria (SAN), Rickey Tarfa on the charge of failure to declare his assets.
    Tarfa was arraigned on March 9, before Justice A. A. Akintoye on a 27-count charge, including ‎refusal to declare his assets, making false statements, offering gratification to a public officer and failure to declare his assets in the Assets Declaration Form.
    This suit is different from a two-count charge of obstructing officers of law from carrying out their official duties and attempting to pervert the course of justice, also filed against him by the EFCC, but before Justice Aishat Opesanwo.
    At the resumed hearing yesterday, EFCC counsel, Mr Rotimi Oyedepo, told the court that the commission had enough evidence including a video recording of Tarfa’s allegedly incriminating conduct at the EFCC office.
    He said that the embattled SAN was placed under electronic surveillance when he twice declared a wrong age in the age declaration form and when he refused to declare his assets in the Assets Declaration Form.
    “We have electronic evidence of the defendant’s conduct. We are keeping our gunpowder dry while waiting for the trial to begin,” Oyedepo said
    The EFCC counsel made this submission while opposing an application by defence counsel, Anthony Idigbe SAN, to quash the charge against Tarfa for lack of jurisdiction among others.
    The commission filed a 12 paragraph counter-affidavit sworn to by Moses Awolusi, an operative of the agency as well as a written address dated March 21, and urged the court to discountenance all the prayers of the applicant.
    Oyedepo cited a plethora of authorities to back his submissions and said Section 27 of the EFCC Act empowered the commission to investigate and prosecute the defendant for the alleged offences.
    He added that the action of the anti-graft agency was not in any way a contravention of the Constitution of the Federal Republic of Nigeria as amended.
    Besides he said he would also be relying on the record of the court on March 9, 2016, in which the court ordered the registrar to read and explain the charge to the defendant, to which he said he understood and pleaded not guilty.
    Again, he said the agency did not need the fiat of the Lagos State Attorney-General before he could prosecute the defendant because the agency is an independent commission empowered to investigate and prosecute any offence related to economic and financial crimes.
    On the issue of declaration of assets, Oyedepo argued that Tarfa was investigated for offering gratification to a public officer, “therefore the Act imposed a duty on him to declare his assets”.
    Tarfa, who was represented by several lawyers including four had earlier argued, through Idigbe, that the EFCC could not be a complainant, investigator, as well as a prosecutor in the case.
    Idigbe said: “We submit that this is contrary to natural justice, equity and good conscience. This is also in breach of Section 36 of the 1999 Constitution as amended, which requires that every citizen should have fair hearing, in order to guarantee the independence and impartially in every proceeding.
    “The procedure that such charge should get the Directorate of Public Prosecution (DPP)’s advice was not followed.”
    Idigbe also stated that Sections 172 and 209 makes a provision for compulsory declaration of assets by public officials, but that Tarfa “is not a public official. The charge respecting that cannot be sustained.”
    On his client’s refusal declare his assets Idigbe stated that was the state’s duty to prove its case and that Tarfa had no obligation to provide any fact to an investigator.
    “Any law which compulsorily asks a suspect to declare his assets must conflict with his right to remain silent,” he said.
    Idigbe also accused the commission of duplicity and ambiguity, saying counts one to 27 were mere duplications. The charges, he added, did not disclose when and where the alleged offences were committed, while page 13 was signed by an Assistant Detective Commander rather than a legal officer.
    Justice Akintoye adjourned till April 22, for ruling.