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Tag: Nnamdi Dimgba

  • Ex-Air Force chief gets 21-year jail term for N136m contract fraud

    A Federal High Court in Abuja has sentenced a retired senior official of the Nigerian Air Force, Air Vice Marshall Tony Omenyi (retd) to 21 years cumulative term of imprisonment after being convicted on a three-count charge of fraud.

    Omenyi was the Managing Director of Aeronautical Engineering and Technical Services Limited, a subsidiary company of Nigerian Air Force, when he was said to have committed the offence.

    Justice Nnamdi Dimgba, in a judgment on Thursday, sentenced Omenyi to seven years per count and directed that the term of imprisonment shall run concurrently.

    The EFCC had in 2016 charged Omenyi and his company, Huzee Nigeria Limited with three counts of money laundering, upon a report by the panel set up by the Federal Government to investigate the use of the funds allocated for the purchase of arms under previous administrations,

    The prosecution said Omenyi, between January and November 2014, received various sums of money estimated at about N136,323, 000 through his company, Huzee Nigeria Limited from Sky Experts Nigeria Limited, a contractor with NAF.

    M.S Abubakar, who led the prosecution team alleged that Omenyi, a sole signatory to the bank account of Huzee Nigeria Limited, received various sums of fund from the contractor when he and the company reasonably ought to know that the various sums of money formed part of the proceed of corruption.

    By their conduct, the defendants were said to have violated section 15(2)(d) of the Money Laundering (Prohibition) Act 2011 and punishable under section 15(3) and (4) of the same Act, which provided a minimum of seven years and maximum of 14 years imprisonment for the offence.

    Omenyi was arraigned, with his company, Huzee Nigeria Limited, on November 11, 2016 by the Economic and Financial Crimes Commission (EFCC).

    They were charged with abuse of office and money laundering to the tune of N136,323,000 .

    The defendants, who was represented by Gordy Uche (SAN), denied the charges and pleaded not guilty to the charges, following which a trail was conducted, during which the prosecution called five witnesses and tendered about 20 documents, which were admitted in evidence, and closed its case on April 17, 2018.

    The defendant also conducted their case at the closure of the prosecution’s case.

    In his judgment on Thursday, Justice Dimgba analysed the evidence led by both parties and found that of the prosecution credible.

    The judge said: “Having fully reflected on the above defence as well as evaluated the evidence before me, as a matter of fact, I agree with the prosecution that the defence is a sham.

    “What motivation does the defendant have, for spending his own personal funds towards the execution of contracts awarded by the Nigerian Air Force on behalf of the contractor, when the proper thing to do is get the Nigeria Air Force to expend the funds on behalf of the contractor to ensure the project is done?

    “One indisputable thing is that, by the state of the law, and the entire circumstances of the case, the money received by the defendant as played out in count one, two and three, by themselves, raised criminal abilities against the defendants.

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    “I do not believe that the explanations given by the defence to the charges are credible

    “A public official with any role to play in any contract awarded by a government agency to a contractor should at all times operate at an arms-length with the said contractor.

    “The first defendant (Omenyi) has not operated by this standard.”

    “In the final analysis, the funds received by the defendants, as contained in counts one to three, are kickbacks in the contracts awarded by the Nigerian Airforce.

    “Any way it is looked at, either as a direct bribe or kickbacks, or as a share of revenue or profits with a business partner, so long as the source of the funds is from the Nigerian Airforce and linked to the execution of contracts of Nigerian Airforce, I am of the view that the monies as contained in count one to three are rooted in corruption.”

    The judge proceeded to convict the defendants on all the counts and sentenced the first defendant to seven year-per-count.

    Justice Dimgba equally ordered Huzee Nigeria Limited, “being a corporate entity” to forfeit the sum of N60 million in the custody of the EFCC to the Federal Government.

    He added: “I further order that the second defendant be compulsory wound up by the Federal Government.”

  • Court asks EFCC to release ex-Skye Bank Chair

    Reverses arrest order issued to commission

     

    A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to release detained former Chairman of Skye Bank Plc, Tunde Ayeni.

    Justice Yusuf Halilu, in a ruling, set aside an earlier order of the court allowing the EFCC to detain Ayeni for 14 days for the purpose of investigation.

    Justice Halilu upheld the argument by lawyer to Ayeni, Ahmed Raji (SAN) to the effect that the EFCC suppressed facts which misled the court into granting the earlier the application, thereby, making the detention illegal.

    The judge ordered the EFCC to immediately released Ayeni, who is said to have been arrested since February 6 this year.

    Justice Halilu held that, with the submissions of lawyers to both sides, it was clear that the respondent suppressed fact when it came to ask for a remand order.

    The judge noted that the respondent did not attach the fresh petition it claimed was written against the applicant, but rather attached a petition sent from the office of the Vice President .

    Justice Halilu equally noted that the respondent did not inform the court that the Commission had granted the applicant an administrative bail and also that the applicant also standing trial before the Federal High Court and since been admitted to bail.

    The judge noted that the court was not aware of all the fact presented by the applicant and which the respondent could not deny.

    He added: “”Having considered all the facts before the court, it is clear that the respondent suppressed facts to mislead the court. If indeed there is a fresh petition against the applicant, and a pending matter is before the Federal High Court, the respondent need not a remand order, but to apply to amend the charge in which it is prosecuting the applicant.

    “By coming for a remand order, the respondent had come to tamper with the sacred right of the applicant, which he enjoys. I wonder why the respondent do not attach the fresh petition it claimed it received. What I have before me is a petition written by the Office of  the Vice President”.

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    “On this note, I hereby set aside the earlier remand order and order the immediate release of the applicant”.

    The ruling by Justice Halilu was on a fundamental rights enforcement application filed and argued for Ayeni, by Raji.

    The EFCC had, last week obtained an ex-parte order allowing it to detain Ayeni for 14 days.

    The Commission had told the court that it was investigating a petition submitted by the office of the Vice President, in respect of Ayeni’s alleged roles as Chairman of the defunct Skye Bank.

    Ayeni, by his application, challenged the order for his detention and prayed the court set it aside, claiming that it was fraudulently obtained by the EFCC.

    Raji had, while arguing the application,  informed the court that there is a pending charge against his client before the Federal High Court on the same subject matter.

    He added that the trial judge at the Federal High Court, Justice Nnamdi Dimgba has granted bail to Ayeni in the case before the Federal High Court. He said the bail has since been perfected

    Raji argued that Ayeni’s detention by the EFCC was a breach of his fundamental human right. He added that his client reported at the EFCC by himself on invitation.

    Raji said the EFCC purportedly admitted the applicant to administration bail on non -realizable terms, which amounts to “giving bail with one hand, and collecting it back with the other hand”.

    He argued that the subject matter in which the applicant was detained centers around Skye bank issue which is already before the Federal High Court.

    Responding, lawyer to the EFCC, A.I Audu opposed to the application on ground that the subject matter of which the applicant is being detained was fresh quite different from the that of the matter before the Federal High Court.

    Audu contended that aside the petition submitted by the office of the Vice President, the acting Chairman of the Commission also received a petition against the applicant from a non-governmental organization.

    He however added that the applicant was invited based on the petition that he received about N8 billion from CBN to buy over Union Homes.

    Audu further submitted that the applicant has been giving useful information to the Commission but fell ill along the way and he was consequently taken to the hospital.

    He stated that was the applicant’s illness prompted the commission to obtain an order to further remand him to complete the investigation.

  • Court orders ICPC to unfreeze firm’s account

    The Federal High Court sitting in Abuja has ordered the Independence Corrupt Practices and Other Related Offences ICPC, to unfreeze the account belongs to a private firm, Pinnacle Communications Limited domicile in Zenith bank.

    Delivering the ruling in Abuja, Justice Nnamdi Dimgba cautioned anti-corruption agencies against taking actions that could jeopardize thriving of private organisations.

    Justice Dimgba pointed out that the anti-corruption war was as beneficial to the society as flourishing private enterprises, adding that scuttling the operation of private businesses like Pinnacle Communications Limited sends negative signals to the international communities about Nigeria’s business environment.

    Emphasizing frozen account without establishing a prima facie against the defendant, the jurist likened such action to ‘using a sledge hammer to kill a fly’.

    He noted that even after six months the case was instituted against the agency by the company (Pinnacle Communications) with numerous adjournments, the anti-graft body could not file any charges against the company.

    The judge warned anti-graft agencies against basis their actions on rumours or ‘beer parlour stories’ without carrying out thorough investigations that could sustain judicial process.

    It would be recalled that some months ago, ICPC had claimed it was investigating an alleged N2.5 billion fraud levelled against the DG of Nigeria Broadcasting Corporation NBC, Dr Moddibo Kawu and other top officials of the corporation.

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    The anti-graft agency through its spokesperson, Rasheedat Okoduwa, stated that the money involved was a grant released to the NBC by the Federal Government for its digital switch-over programme.

    The agency alleged that Kawu fraudulently recommended a private company, Pinnacle Communications to the Minister of Information and Culture, Lai Mohammed, for the release of the money against the guidelines contained in the white paper.

    However, the NBC debunked. ICPC’s claim, saying the corporation is not aware of any fraud case involving its DG, Moddibo Kawu.

    The spokesperson of the corporation, Hajia Maimuna Jimanda, said the NBC had been carrying out the digital switch-over programme with utmost diligence and transparency and would continue in that light until the project is completed across the country.

  • Court awards N10m damages against DSS

    For illegally detaining journalist for 2 years

     

    A Federal High Court in Abuja has declared unlawful the detention of a journalist, Jones Abiri for two years without trial by the Department of State Service (DSS).

    In a judgment on Thursday, Justice Nnamdi Dimgba awarded N10 (as damages) and N500, 000 (as cost) against the DSS.

    The judgment was on a fundamental rights enforcement suit filed by Abiri, through the law firm of Femi Falana (SAN), which was prosecuted by a lawyer in the frim, Samuel Ogala.

    Justice Dimgba was of the view that, although the DSS has the power, under the law, to arrest anyone upon reasonable suspicion, the security agency was without powers to detain an individual beyond the time provided by the Constitution.

    He held that the decision by the DSS to detain Abiri for two years from July 21, 2016 until he was later taken to a Magistrate’s Court in Abuja in July this year, and his eventual release last month, amounted to a violation of his right to liberty, guaranteed by the Constitution.

    The judge, who noted that event with the DSS’ claim that the applicant was arrested upon suspicion of destruction of oil pipelines and committing treasonable offences, said that Jones was accused of committing serious offence, was not a ground for the DSS to detain him beyond the time stipulated in the Constitution.

    Read Also: Ex-DSS boss still in custody

    He wondered why the DSS, who claimed to have obtained a voluntary confessionary statement from the applicant since August 16, 2016, did not charge Abiri with the offences of damaging oil pipelines before the Magistrate’s Court, but rather charged with a different offence.

    Justice Dimgba distinguished the case of Abiri from that of Asari Dokubo in which the Supreme Court held that national security precedes individual’s rights.

    The judge noted that the facts of the Abiri case is different from that of Dokubo in that while Dokubo was charged to court and the state objected to bail on the ground that national security was threatened, in this case, Abiri was never charged, but kept in solitary confinement.

    He said was possible that the respondent could have conveniently charged the applicant to court within the time provided in the Constitution.

    Justice Dimgba said from evidence before the court, it was obvious that the DSS violated the applicant’s right to liberty by detaining him for two years without charging him to court within the time allowed by law.

    He also declared as unlawful Abiri’s detention for two years.

    Abiri, described as the publisher of a Bayelsa State-based weekly paper, Weekly Source, was arrested by operatives of DSS on July 21, 2016 in Yenagoa the state capital) and brought to Abuja where he was detained until July this year without trial.

    The DSS had accused him of engaging in economic sabotage by destroying oil pipelines and running a militant organization called the Niger Delta Liberation Force.

    Upon his release, he filed the fundamental rights enforcement suit, challenging his detention and prayed for N200m damages.

  • Court dismisses suits challenging extension of APC’s NWC tenure

    Says suits overtaken by event‎s

     

    A Federal High Court in Abuja has dismissed two suits by five members of the All Progressive Congress (APC), challenging the purported extension of the tenure of the party’s National Working Committee (NWC) members.

    In two judgments on Monday Justice Nnamdi Dimgba held that the suits have been over taken by events in view of the decision of the APC to reverse the alleged tenure elongation and proceed to conduct congresses nationwide to elect leaders to replace the incumbents, whose tenure will end on June 30 this year.

    Justice Dimgba said he dismissed the suit because their “subject matter have become academic, hypothetical and spent.”

    The judge said he was convinced there was an attempt to extend the tenure of the APC’s NWC, but that for some reasons, the party changed its mind.

    He said had the party not changed its mind, but proceeded to carry through the extension, such would have been unconstitutional and a violation of section 223 of the Constitution.

    The first suit marked: FHC/ABJ/CS/237/2018, was filed on March 8, 2018, by four APC members aspiring to run for leadership positions of the party, to challenge the extension of the tenures of the incumbent holders of the executive offices of the party.

    They are Ademorin Kuye from Lagos State; Sani Mayanchi from Zamfara State, and currently the Publicity Secretary of the party in the state; Are Mutiu also from Lagos State, and Machu Tokwat from Kaduna State.

    Named as respondents areINEC, the APC; Odigie-Oyegun (sued for himself and on behalf of the national, state, local government area, and ward officials of the APC elected between April and June 2014); and the National Organising Secretary of the party, Osita Isunaso.

    The second, marked: FHC/ABJ/CS/219/2018 and filed by a member of the APC in Imo State, Mr. Okere Uzochukwu, on March 2, 2018. Listed as defendants are the APC and the Independent National Electoral Commission (INEC).

    Uzochukwu, who said he intends to contest for the state chairmanship position of the party in Imo State, contended that the tenure extension was undemocratic and violated the provisions of the Constitution, the Electoral Act and the APC Constitution.

    In his judgment, Justice Dimgba said he took into account the fact that  the APC conducted its Ward Congress on April 5, and on May 12 at Local Government level, and fixed May 19 for the State congresses.

    He further noted that National Convention of the party, which was originally billed to take place today (Monday May 14), has been shifted to June, which indicates the party’s desire to hold a national convention with the aim of choosing new set of leaders.

    He added: “It has turned out that attempt to extend the tenure of the current officials of the 2nd defendant was abandoned,” and noted that the ongoing congresses being conducted by the APC implies that new officials would take over from the Odigie-Oyegun led Executives, upon expiration of their tenure on June 30.

    Earlier, the judge dismissed all processes filed against the suit, particularly those challenging the competence of the suit, the court’s jurisdiction and the plaintiffs’ locus standi.

  • Court grants interim forfeiture of Patience Jonathan’s property

    A Federal High Court, Abuja, on Monday, granted an interim forfeiture order of a property belonging to former first lady, Mrs Patience Jonathan.

    Justice Nnamdi Dimgba, who granted the order, held that it was to enable the Economic and Financial Crimes Commission ( EFCC ) investigate the acquisition of Ariwabai Aruera Reachout Foundation, a property liked to Mrs Jonathan.

    Dimba however held that the order would elapse after 45 days.

    The EFCC had filed an exparte motion seeking temporary forfeiture of some properties allegedly belonging to Ariwabai Aruera Reachout Foundation.

    The properties are said to be located at plot 1758, Cadastral Zone, B06 Mabushi and Plot No.1350, Cadastral Zone, Central Business District, Abuja.

    The anti-graft agency also asked the court for an order stopping any disposal, conveyance, mortgage, lease, sale or alienation or otherwise of the properties.

    “An order authorizing the EFCC to appoint competent person(s)/firm to manage the asset/property listed in the schedule herein, temporarily forfeited to the Federal Government pending the conclusion of investigation.”

    The agency said application was predicated on the fact that the property was a subject matter of investigation, inquiry and examination.

    The judge in his ruling on the exparte motion, granted the EFCC a 45-day of grace period within which to investigate whether the property was acquired by Jonathan with proceeds of crime.

    “I have carefully considered the processes filed. I have also carefully considered the arguments.

    “Accordingly, a period of 45 days is accorded to the EFCC to investigate whether the properties in question were acquired with the proceeds of crime.”

    The judge also dismissed the motion challenging the originating summons.

    Patience Jonathan’s counsel, Mr Mike Ozekhome (SAN), in his reaction to the court’s ruling, said it was a well considered judgment.

    “We did not lose; we won,’’ he said.

    “What the EFCC wanted was for the property in dispute to be attached and forfeited to the government but the court refused, instead, gave them 45 days to further investigate and prosecute if they so wish with liberty to apply for renewal,” he said.

    NAN

  • Omo-Agege takes Senate, AGF to court

    The Federal High Court, Abuja on Friday fixed April 30 to hear a suit filed by Sen. Ovie Omo-Agege against the Senate, the Senate President and Attorney-General of the Federation.

    Omo-Agege, who represents Delta Central Senatorial district, filed the suit to challenge his suspension from the Senate.

    The judge, Justice Nnamdi Dimgba fixed the date after refusing to vacate an earlier order he made granting accelerated hearing of the matter.

    The Counsel to Omo-Agege, Mr Alex Izinyon, (SAN) had approached the court with an ex parte motion seeking an injunction against the Senate, but the court declined.

    The court then asked Izinyon to put the respondents on notice. Justice Dimgba ordered that the Senate and Senate president to show cause why the reliefs sought by the senator should not be granted.

    The court gave the respondents seven days to show cause, ordered an accelerated hearing of the matter and adjourned to April 27, for definite hearing.

    However, when the matter was called, Izinyon informed the court that he was ready to move his motion saying that the matter was slated for hearing of the substantive case.

    Izinyon also told the court that the respondents had been duly served with the originating summon.

    But Mr Mahmud Magaji, (SAN), counsel to the Senate and Senate president, raised an objection, saying that he had filed a memorandum of conditional appearance.

    Magaji said he filed an application, seeking the court to set aside its order which granted abridgement of time to hear the matter.

    The counsel maintained that he was just briefed of the matter on April 19, and that he had not sighted any of the originating processes.

    The judge, however, said that the court had proof that the Senate and the Senate president had been served through clerk of the Senate.

    “I have to protect the integrity of the court. On two occasions, this court has respected the Senate and as well, I expect the Senate to respect the court,” Dimgba said.

    He directed the respondents to serve advance copies of their counter affidavits and other processes on the plaintiffs through email, not later than 7 p.m, April 27.

    The judge adjourned the matter until April 30 for hearing of the substantive suit.

    Omo-Agege is asking the court to among other reliefs; grant an order restraining the defendants, their servants, agents, privies or officers from interfering with his rights and privileges as a Senator.

    “An order of perpetual injunction, restraining the defendants, their servants, agents, privies or officers from interfering with the plaintiff’s rights and or privileges, as a Senator.

    The reliefs also including ‘’preventing him from entering or remaining within the precinct or chamber of the Senate or National Assembly”, among others.

    NAN

  • Arms scam: Jonathan’s cousin has case to answer – Court

    The Federal High Court, Abuja, has ordered former President Goodluck Jonathan’s cousin, Robert Azibaola to defend himself in a fraud allegation of 40 million dollars leveled against him and his company, One Plus Holding Ltd by the Federal Government.

    The court on Thursday ordered Azibaola to defend himself on two out of the nine-count charge preferred against him by the government.

    He was to defend himself on the two counts bordering on being in possession of and converting the sum of 40 million dollars received from the office of the former National Security Adviser, (NSA), and Retired Col.Sambo Dasuki to personal use.

    Justice Nnamdi Dimgba made the order while ruling on the no-case-submission filed by Azibaola and his wife, Stella.

    The court, however, discharged and acquitted Stella of all the nine-count charge leveled against her.

    Dimgba in discharging Stella held that being wife to Azibaola was not enough to charge her with the offence since criminal liability was personal and not vicarious.

    The Economic and Financial Crimes Commission, (EFCC), the prosecuting agency in the matter had in 2016, preferred a 7-count charge against Azibaola, his wife, Stella and their company, that they received 40 million dollars’ worth of contract from Dasuki.

    They were subsequently arraigned on June 7, 2016 and were admitted to bail in the sum of N500 million each.

    They were, re-arraigned on April 27, 2017 this time on a 9-count amended charge.

    In the cause of the trial, the prosecution called 10 witnesses and tendered 27 documented evidences against the three parties and closed its case,

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    Mr Chris Uche, (SAN) counsel to Azibaola and his wife however filed a no-case-submission.

    Uche insisted that the government had failed to establish a prima-facie case that would warrant his clients to enter a defence and prayed the court to discharge and acquit his clients.

    Delivering the court’s ruling on the no-case-submission, the judge held that two of the defendants had some explanations to do with regards to counts two and three.

    “It was claimed that the 40 million dollars released from the office of the former NSA to Azibaola and One Plus Holding Ltd was meant for the procurement of tactical communication kits.

    “Counts two and three are basically the same, the difference is that count two borders on possession of the sum of 40 million dollars while count three was hinged on conversion of the said amount.

    “Having reviewed the oral and documentary evidence tendered by the prosecution through its witnesses, this court holds the view that there is good reason for Azibaola and the company to proceed with their defence,” the court ruled

    The court noted that there was no evidence to show that the said tactical communication kits were supplied.

    “In the absence of any evidence to show supply of the tactical communication kits, the 1st (Azibaola) and 3rd (One Plus Holding) defendants are in a position to explain what the fund was used for.

    “On the whole, there is sufficient prima-facie case made out by the prosecution against the 1st and 3rd defendants.

    “The no-case-submission in respect of these two counts is refused,” the court held.

    The court absolved Azibaola and his company of any wrongdoing in counts one, four, five, six, seven, eight and nine.

    The judge adjourned the matter until June 4 for Azibaola to open his defence.

    NAN

  • FG arraigns 2 brothers for non-declaration of assets

    FG arraigns 2 brothers for non-declaration of assets

    The Special Investigative Panel on Recovery of Public Property, on Thursday, arraigned two brothers, Ibrahim and Tijani Tumsah for non-declaration of assets.

    Ibrahim and Tijani, who are public servants, were arraigned on a two-count charge of refusal and neglect to declare their assets.

    They entered a not guilty plea and were admitted to bail in the sum of N20 million and two sureties in like sum.

    Other conditions for their bail included that the sureties could be either private business men or civil servants and must show proof of ownership of landed property anywhere within the Federal Capital Territory.

    The court held that where the sureties were civil servants, they must not be below grade level 15.

    In addition, the defendants were ordered to deposit their international passports with the court registry and not to travel outside the country without the permission of the court.

    The judge, Justice Nnamdi Dimgba, however, ordered that the defendants be remanded in Kuje Prison should they fail to perfect their bail conditions within three days.

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    Earlier, Mr Kehinde Ogunwumiju, (SAN) and Mr Abdul Mohammed, counsel to the defendants prayed the court to grant their clients bail since the offence for which they were standing trial was bailable.

    Mr Festus Keyamo, (SAN) counsel to the panel informed the court that he was not opposed to the application for bail.

    One of the count read; ”That you, Ibrahim Tumsah and Tijani Tumsah on or about Oct. 10 and 25, 2017, being public officers with the Federal Ministry of Power, Works and Housing Abuja and Presidential Committee on North East Initiative Abuja respectively within the jurisdiction of this court committed an offence to wit:

    “Refused to declare your assets without reasonable excuse and upon notice to declare your assets before the Special Presidential Investigative Panel for the Recovery of Public Property, Abuja, contrary to and punishable under Section III (3) of the Recovery of Public Property (Special Provision) Act 2004.”

    Justice Dimgba adjourned the matter until March 1 for commencement of trial.

    NAN

     

  • 24-year-old man pleads guilty to illegal possession of cannabis

    24-year-old man pleads guilty to illegal possession of cannabis

    A 24-year-old man, Abba Adam, charged with illegal possession of hard drug with intent to distribute it, was on Monday remanded in prison by the Federal High Court, Abuja.

    Although the accused pleaded guilty to the charge, the judge, Justice Nnamdi Dimgba, ordered his remand to enable forensic report on the case to be reviewed.

    The prosecuting counsel, Mrs M.E. Faruna, had prayed the court to adjourn the case until the forensic report was ready.

    Faruna also urged the court to remand Adam in prison pending the review of the facts of the case.

    The National Drug Law Enforcement Agency (NDLEA) had charged Adam for illegally possessing 100 grammes of Cannabis Sativa otherwise known as Indian hemp, with intent to distribute.

    The judge ordered that the accused be remanded in Suleja prison and adjourned the matter until Sept. 29.