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Tag: Rotimi Oyedepo

  • Court orders forfeiture of Diezani’s $40m worth of jewellery

    The Federal High Court in Lagos on Friday ordered the temporary forfeiture of 2,149 pieces of jewellery and a customized gold iPhone, seized from Mrs Diezani Alison-Madueke, to the Federal Government.

    The items, valued at $40million (about N14.4b), were recovered from the home of the former Minister of Petroleum Resources.

    Justice Nicholas Oweibo ordered their temporary forfeiture as prayed for by the Economic and Financial Crimes Commission (EFCC).

    The commission, in an ex-parte application moved by Mr Rotimi Oyedepo, said the items were suspected to have been acquired with illicitly acquired funds.

    Mrs Alison-Madueke is the defendant in the application filed pursuant to Section 17 of the Advance Fee Fraud and other related Offences Act No. 14, 2006.

    The EFCC said it found and recovered the jewellery and the customized gold iPhone “on the premises of the respondent”.

    It added that it reasonably suspected that the former minister acquired them with “proceeds of unlawful activities.”

    According to a schedule attached to the application, the jewellery, categorized into 33 sets, include “419 expensive bangles and 315 expensive rings.

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    Others are 304 expensive earrings, 267 expensive necklaces, 189 expensive wristwatches and 174 expensive necklaces and earrings.

    The rest are 78 expensive bracelets, 77 expensive brooches, and 74 expensive pendants.

    EFCC said: “The respondent’s known and provable lawful income is far less than the properties sought to be forfeited to the Federal Government of Nigeria.”

    Justice Oweibo ordered that the 2,149 pieces of jewellery and the customised gold iPhone should be temporarily forfeited to the Federal Government.

    The judge ordered the anti-graft agency to publish the forfeiture order in a national newspaper.

    It is “for the respondent or anyone who is interested in the property sought to be forfeited to appear before this honourable court to show cause within 14 days why a final forfeiture order of the said properties should not be made in favour of the Federal Government of Nigeria.”

    The judge adjourned till August 23.

  • Ex-air chief ‘received’ N6b from NAF funds, says EFCC investigator

    The Federal High Court in Lagos Thursday heard how former Nigeria Air Force (NAF) Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun admitted to have received N6billion from NAF for his personal benefit.

    The Economic and Financial Crimes Commission (EFCC) arraigned him along with former Chief of Air Staff Air Marshal Adesola Amosu and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

    EFCC said the three, on or about March 5, 2014 in Lagos, conspired to convert N21,467,634,707.43, property of NAF, which sum they reasonably ought to have known forms part of proceeds of unlawful activities to wit: criminal breach of trust.

    An EFCC investigator, Tosin Owobo, led in evidence by the prosecuting counsel Rotimi Oyedepo, told the court that Adigun made a statement at EFCC, which was tendered in court.

    He said the second defendant disclosed in his statement that he incorporated Delfina Oil and Gas, Hebron Housing Limited, Mcallam Oil and Gas, Trapezites BDC Limited.

    Owobo added: “He said he is the sole signatory to the accounts of the companies.

    “He said the names of the directors are all pseudonyms and not names of any member of his family.

    “In his statement, he wrote that out of about N16.9billion inflow from the Nigeria Air Force related accounts into his companies, he only benefited about N6billion

    “He said the chief of Air Staff and others would account for theirs.

    “He also stated that the whole money was not shared, as some jobs were executed.

    “He further wrote in his statement that he would be willing to let go of properties worth the sums of money he benefited.”

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    When asked to state how he came about Trapezites Bureau de Change Limited and his findings, the witness said upon analysis of Trapezites’ statement of accounts, it was discovered that about N3.6billion was received from various NAF accounts.

    They are NAF Jet A1 Training account, NAF Air Men Subsidy account, NAF Special Emergency Operations account, HQ NAF Camp Operations account, UCA NAF 37 Operations account and 106 NAF Camp Training account.

    The defendants were alleged to have made several transfers amounting to N21billion to different companies charged with them.

    The companies are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Lebol Oil and Gas Ltd, Trapezites Bureau De Change, Hebron Housing and Properties Company Ltd, Deegee Oil and Gas Ltd and Timsegg Investment Ltd.

    The defendants pleaded not guilty to the alleged offence which EFCC said contravened Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3).

    Justice Chukwujekwu Aneke adjourned until April 15 and 16 for continuation of trial.

  • Alleged N21b diversion: Ex-Air chiefs’ trial begins afresh

    The trial of former Chief of Air Staff Air Marshal Adesola Amosu has begun afresh at the Federal High Court in Lagos.

    Several witnesses had testified in the case over a two-year period, but the trial judge, Justice Mohammed Idris, was elevated to the Court of Appeal last June.

    The case was subsequently re-assigned to Justice Chukwujekwu Aneke.

    The Economic and Financial Crimes Commission (EFCC) arraigned Amosu on June 29, 2016 along with former Nigeria Air Force (NAF) Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

    EFCC said the three, on or about March 5, 2014 in Lagos, conspired to convert N21,467,634,707.43, property of NAF, which sum they reasonably ought to have known forms part of proceeds of unlawful activities to wit: criminal breach of trust.

    They were alleged to have made several transfers amounting to N21billion to different companies charged with them, such as Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Lebol Oil and Gas Ltd, Trapezites Bureau De Change, Hebron Housing and Properties Company Ltd, Deegee Oil and Gas Ltd and Timsegg Investment Ltd.

    The defendants pleaded not guilty to the alleged offence which EFCC said contravened Section 18(a) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3).

    Testifying before the new judge yesterday, an EFCC investigator, Tosin Owobo, said the defendants allegedly used their companies to divert some of the funds.

    Led in evidence by the prosecuting counsel Rotimi Oyedepo, Owobo told the court that NAF signed a Memorandum of Understanding (MoU) with the Nigerian Maritime Administration and Safety Agency (NIMASA).

    He said NIMASA paid N3billion paid into the NAF Special Emergency Operation Account domiciled with Zenith Bank Plc in three tranches.

    According to him, the former air chiefs transferred part of the funds to the some “oil and gas” companies.

    He said further investigations revealed that the companies were not into oil and gas businesses.

    “As part of the investigation, we invited the Managing Directors of Right Options Oil & Gas, Judah Oil & Gas and Lebol Oil & Gas Limited, who stated in their statements that they were Bureau De Change (BDC) operators and not oil dealers.

    “They said when the monies were paid into their accounts, they gave the dollar equivalents to the account officers of NAF Special Emergency Operation Account for the second and third defendants.

    “‘They also stated that their companies were registered as oil and gas companies because they were given a high threshold of monies that could be transferred with fewer deductions,” he said.

    Otobo said investigations further revealed that certain money that did not originate from NIMASA was paid from other NAF accounts into the NAF Special Emergency Operation Account.

    The money, he said, was in turn paid into McAllan Oil & Gas Limited, Delfina Oil & Gas Limited and Trapezites BDC to the tune of about N15billion.

    He said investigation revealed how the funds were used to acquire properties in Abuja, Ikoyi, Victoria Island and United Kingdom.

    The trial continues Thursday.

  • Court reserves judgment in trial of Jonathan’s ex-aide

    The Federal High Court Lagos Wednesday reserved judgment in the trial of former President Goodluck Jonathan’s aide, Dr Waripamo Owei-Dudafa, for alleged N1.6 billion fraud.

    Justice Mohammed Idris reserved judgement after counsel adopted their final addresses.

    The Economic and Financial Crimes Commission (EFCC) charged Dudafa along with Joseph Iwejuo, a staff of Heritage Bank, on a 23 count charge bordering on money laundering.

    The prosecution closed its case on March 16, 2018, after calling seven witnesses and tendering several exhibits.

    The defence had initially filed and argued a no-case submission in its defence and had urged the court to dismiss the case, on the grounds that the prosecution failed to establish any case against them.

    Justice Idris had in a ruling last August dismissed the no case submission.

    Defence had consequently, entered its defence, calling two witnesses and tendering exhibits.

    It closed its case in November 2018 after which the court adjourned for adoption of final addresses.

    Prosecuting Counsel Mr Rotimi Oyedepo argued that prosecution had been able to lead sufficient evidence in establishing a case of money laundering, conspiracy as well as concealment of proceeds of unlawful act, against the defendants.

    He argued that from the evidences before the court, it is clear that the various monies traced to the account of some companies such as Avalon Global Property Development Company Ltd, Seagate Property Development and Investment Ltd, were not the legitimate salary of the first defendant.

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    He argued that the defendant employed the best form of concealment of proceeds of unlawful act, by keeping the money in an account without his identity, and engaging the second defendant to operate it.

    “From the manner in which these transactions were consummated, the court can see clearly a meeting of minds to commit same.

    “The second defendant was running an account under different identity so as to conceal the offence.

    “If it was a legitimate transaction, the first defendant will not procure the second defendant to run the account and receive funds in same.

    “All that the prosecution is enjoined to know is the reasonability of their knowledge that same constitutes an offence,” he said.

    Oyedepo argued that the claim by the defendant that the monies were donated to a church, was only an afterthought which the court is not expected to act upon.

    Defence counsel, Mr Gboyega Oyewole (SAN), urged the court to discharge and acquit the defendant as the prosecution failed to establish any ingredient of the offence against the defendant.

    According to him, the defendant had pleaded not guilty to three phases of counts in the charge, and the onus remained constant with the prosecution to establish the sources of the funds as alleged.

    According to him, none of the prosecution witnesses led any evidence or tendered any exhibits to establish essential elements of the charge against the defendant.

    For instance, he argued that the purported owner of the account in which monies were paid was never called as a witness and one Festus Iyoha to whom monies were allegedly handed to, was also not called as a witness.

    He said that this failure to call the desired witnesses was fatal to the case of the prosecution, adding that the charge against the defendant must fail consequently.

    “Of all the assertions made by the defendant in relation to the source of the funds, no further investigations was made by prosecution; they did not call the people mentioned by the defendant or take their evidences.

    “If you allege that the source of a fund is illegal then you ought to discharge that burden of proof and call witnesses to establish same,”

    According to him, the defendant merely acted on instruction to” pay”, adding that before a court can safely convict it ought to look at the provisions of the law and the charges.

    He argued that it was not a strict liability offence and urged the court to discharge and acquit the defendant.

    Second defence counsel Mr. Ige Asemudara also adopted his final address in urging the court to discharge and acquit the defendant.

    After listening to the respective submissions of counsel Justice Idris reserved his judgment to a later date which will be communicated to parties.

     

  • Breaking: Court orders arrest of ex-NIA DG Oke, wife

    The Federal High Court in Lagos on Thursday ordered the arrest of former National Intelligence Agency (NIA) Director-General Ambassador Ayodele Oke and his wife Folasade.

    Justice Chukwujekwu Aneke made the order following an application by the Economic and Financial Crimes Commission (EFCC).

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    Prosecuting counsel Rotimi Oyedepo told Justice Aneke that the defendants could not be found.

    He said the couple also refused to pick calls from EFCC operatives.

    “This application is not without merit,” the judge ruled.

    Details soon…

  • EFCC unable to serve ex-NIA DG Oke, wife with charge

    The Economic and Financial Crimes Commission ( EFCC ) on Wednesday told the Federal High Court in Lagos that it was unable to serve former National Intelligence Agency (NIA) Director-General Ambassador Ayodele Oke and his wife Folasade with the money laundering charge filed against them.

    Prosecuting counsel Rotimi Oyedepo told Justice Chukwujekwu Aneke that the defendants where still outside the court’s jurisdiction.

    “We are having issues with service of the charge,” Oyedepo said.

    According to him, the commission made unsuccessful efforts to reach Oke and his wife.

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    “We have gone to their known addresses but could not find them to be able to serve them with the charge,” Oyedepo said.

    He noted that the Administration of Criminal Justice Act (ACJA) empowers the judge to make an order compelling the defendants’ appearance.

    But, Justice Aneke said he could not make any such order because the case was not yet properly before him.

    “I’ve not seen your file. It’s when I see the file that I can determine the urgency of any application.

    “I can’t exercise my discretion without seeing the efforts you’ve made on paper,” the judge said.

    He asked Oyedepo to return in 24 hours with the necessary processes.

    The defendants’ whereabouts is unknown, with reports saying they had left the country.

    Oke and his wife were charged in connection with the $43, 449, 947, 000 found in Flat 7B, No. 16 Osborne Road, Osborne Towers in Ikoyi Lagos.

    Justice Muslim Hassan had on June 6, 2017, granted a final forfeiture order of the funds since no one appeared before the court to claim them.

    The four-count charge against the couple was signed by Oyedepo, Nnaemeka Omewa and Idris Abubakar Mohammed.

    EFCC in the Proof of Evidence revealed how Flat 7B was bought for $1, 658,000 (N596, 880,000)

    It said one Alhaji Shehu Usman Anka will give evidence of the receipt of the sum of $1, 658,000 from the wife of the ex-NIA boss.

    The anti-graft agency also said that the agency got about $289, 202, 382.00 from the Central Bank of Nigeria (CBN).

    It added that one Benjamin Kiksenenso will give evidence of how he was instructed to go to the CBN to collect the $289, 202, 382.00.

    The charges against the ex-NIA boss are:

    “That you, Amb. Ayodele Oke, Mrs. Folasade Ayodele Oke on or about the 12th day of April 2017 in Lagos concealed the sum of $43, 449, 947, 000 property of the Federal Government of Nigeria in Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (a) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    “That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court indirectly used the sum of $1, 658, 000 property of the Federal Government of Nigeria to acquire Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    “That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly retained $160, 777, 136. 85 property of the Federal Government of Nigeria which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    “That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly converted $160, 777, 136. 85 property of the Federal Government of Nigeria to your own use which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.”

    Justice Aneke adjourned until Thursday.

  • Ex-Minister Akinjide seeks court’s leave to jet out

    A former Minister of the Federal Capital Territory, Jumoke Akinjide, on Monday urged the Federal High Court in Lagos to release her international passport to enable her travel abroad.

    Akinjide, who is on trial for alleged money laundering, said she plans to travel on March 7 and return on March 23.

    Justice Muslim Hassan adjourned till January 28 to hear the application.

    Akinjide’s lawyer Chief Bolaji Ayorinde (SAN) told the court that his client intends to embark on a two-week trip outside the country.

    The SAN said the application, which he described as harmless, was ripe for hearing.

    Besides, he said the Economic and Financial Crimes Commission (EFCC) did not file any objection to the application.

    But, the prosecuting counsel Rotimi Oyedepo urged the court not to hear Akinjide’s application yet.

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    He said the former minister’s co-defendants filed separate applications to challenge the court’s jurisdiction.

    “In a joint trial, two parties are saying the court lacks jurisdiction, another party is seeking the court’s discretion. It is technically incorrect to say that the applications are not inter-woven,” the prosecutor said.

    Justice Muslim Hassan said though he did not think that the applications were inter-woven, it would be more convenient to consider the three applications together and deliver a joint ruling.

    The EFCC arraigned Mrs. Akinjide along with a Peoples Democratic Party (PDP) leader in Oyo State Chief Olarenwaju Otiti, a former Senator representing Oyo Central Senatorial District Ayo Adeseun and a former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke, said to be at large.

    The EFCC accused them of conspiring to directly take possession of N650million, which they reasonably ought to have known was part of proceeds of an unlawful act, and without going through a financial institution.

    They pleaded not guilty.

  • Alleged N30.8bn fraud: Fayose pleads not guilty

    …remanded in EFCC custody

     

    The Economic and Financial Crimes Commission (EFCC) on Monday arraigned immediate past Governor of Ekiti State Mr. Ayodele Fayose at the Federal High Court Lagos for alleged N6.9billion fraud.

    He pleaded not guilty to the charges.

    His lawyer Mr Kanu Agabi (SAN), a former Attorney-General of the Federation, said he filed motion on notice for bail.

    He told the court that it had been served on prosecution.

    In response, the prosecutor, Mr Rotimi Oyedepo, confirmed service of the bail application, but told the court that he required time to reply.

    Justice Mojisola Olatoregun consequently, adjourned the case until Wednesday for hearing of the bail application.

    Meanwhile, following a plea by defence counsel on the temporary remand of Fayose, the court ordered that he be remanded in custody of the EFCC pending bail.

    According to the charge, on June 17, 2014, Fayose and Abiodun Agbele were said to have taken possession of the sum of N1.2 billion, for purposes of funding his gubernatorial election campaign in Ekiti State, which sum they reasonably ought to have known formed part of crime proceeds.

    Fayose was alleged to have received a cash payment of the sum of $5million, (about N1.8 billion) from the then Minister of State for Defence, Sen. Musiliu Obanikoro, without going through any financial institution and which sum exceeded the amount allowed by law.

    He was also alleged to have retained the sum of N300 million in his Zenith Bank account and took control of the aggregate sums of about N622 million which sum he ought to have known formed part of crime proceeds.

    Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain in their Zenith and FCMB accounts, the aggregate sums of N851 million which they reasonably ought to have known formed part of crime proceeds.

    Besides, the accused was alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of crime proceeds.

    The accused was also alleged to have used the sum of N200 million, to acquire a property in Abuja, in the name of his elder sister Moji Oladeji, which sum he ought to know also forms crime proceeds.

    The offences contravenes the provisions of sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011

  • N1.6bn Fraud: ‘I was asked to implicate Jonathan’s ex-aide’

    A banker, Iwejuo Joseph Nna, on Monday alleged that the Economic and Financial Crimes Commission (EFCC) asked him to incriminate a former Senior Special Assistant to ex-President Goodluck Jonathan on Domestic Affairs, Dr Waripamo-Owei Dudafa.

    Nna told Justice Mohammed Idris of the Federal High Court in Lagos that his refusal to do so caused the EFCC to file a N1.6billion fraud charge against him.

    Nna, a branch manager in Bayelsa State, and Dudafa were, on June 11, 2016, arraigned by the EFCC on a 23-count charge of conspiracy to conceal the proceeds of crime amounting to over N1.6billion.

    The anti-graft agency alleged that the duo, between June 2013 and June 2015, used different companies to launder the money.

    At the commencement of proceedings on Monday, second defendant Nna alleged that after his arrest, the EFCC sought his cooperation in implicating Dudafa over the alleged offences.

    Led in Evidence in-Chief by his counsel, Ige Asemudara, Nna said he was told that he was not the target of the investigation, and that if he cooperated he would be fielded as a prosecution witness in Dudafa’s trial.

    He said: “I told them that I couldn’t understand what they meant and they asked me if I had a Senior Advocate of Nigeria, SAN, who would be ready to defend me and that I should be prepared for the consequences if I refused to cooperate.”

    According to Nna, his colleagues who were also arrested in connection with the alleged offence were fielded as prosecution witness rather than being prosecuted.

    The defendant’s testimony was halted when Asemudara applied for an adjournment to provide some exhibits needed for his defence.

    Prosecution counsel Rotimi Oyedepo opposed his application, but, in a bench ruling, Justice Mohammed adjourned till September 18.

    According to the EFCC, The defendants allegedly concealed N1.6bn 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.

    EFCC said Dudafa “procured” Nna and Ebiwise Resources to conceal N150million being proceeds of crime.

  • EFCC arraigns Stella Obasanjo’s brother for forgery

    Remanded in Ikoyi prison

    An Ikeja Special Offences Court on Thursday remanded a Lagos businessman, John Abebe in Prison custody for alleged forgery.

    Justice Mojisola Dada ordered that Abebe, a younger brother of the late former First Lady, Stella Obasanjo, be remanded in Ikoyi Prison pending filing and hearing of his bail application by his counsel, Mr Uche Nwokedi (SAN).

    The Economic and Financial Crimes Commission (EFCC) had   arraigned Abebe before the court on a four count charge of forgery.

    The EFCC, in the charges, claimed that Abebe “knowingly forged” a letter dated November 30, 1995, written by BP Exploration Nigeria Limited to Inducon (Nigeria) Limited.

    The anti-graft agency alleged that the businessman illegally inserted into page 2 of the said letter the following words: “Also note that the ‘Buy-Out Option’ only applies to the pre-production stage of the NPIA. The $4m buy-out is thus irrelevant from production of Oil in any of our fields.”

    The EFCC alleged that Abebe also attempted to pervert the course of justice by tendering the allegedly forged November 30, 1995 letter “as a fabricated evidence” in court, in Suit No. FHC/L/CS/224/2010 between Dr. John Abebe, Inducon Nigeria Limited and Statoil Nigeria Limited.

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    The defendant was also alleged to have made an attempt to mislead the court by using fabricated evidence contrary to Section 120 (2) of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.

    EFCC prosecuting counsel, Rotimi Oyedepo, told the court that by attempting to pervert the course of justice, Abebe violated Section 126 (2) of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.

    Oyedepo added that forgery was a violation of Section 467 of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.

    Abebe however pleaded not guilty to the charges.

    Justice Dada adjourned the case to enable the defence counsel, Mr Nwokedi to file an application for his client’s bail.