Tag: Rotimi Oyedepo

  • N2.6bn fraud: “you have a case to answer” court tells Akpobolokemi, others

    N2.6bn fraud: “you have a case to answer” court tells Akpobolokemi, others

    A Federal High Court Lagos, on Monday, overruled a no case submission by former Director General of the Nigerian Maritime Administration and Safety Agency ( NIMASA ), Patrick Akpobolokemi, charged with N2.6 billion fraud.

    The Economic and Financial Crimes Commission ( EFCC ) had on Dec. 4, 2015, arraigned Akpobolokemi alongside five others, for allegedly diverting N2.6 billion from the coffers of NIMASA between December 2013 and May 2015.

    EFCC claimed the funds were approved by ex-President Goodluck Jonathan for the implementation of a security project.

    Also charged along with Akpobolokemi are: Ezekiel Agaba, Ekene Nwakuche, Governor Juan, Blockz and Stonz Ltd and Al-Kenzo Logistic Ltd.

    The accused had pleaded not guilty to the 22 charges pressed against them.
    The prosecution had then opened its case and during trial, called a total of 12 witnesses and tendered 77 exhibits in a bid to establish its case.

    After the prosecution closed its case, the accused, through their lawyers, filed no-case submissions, contending that the prosecution failed to established a prima facie case against them to warrant their entering any defence.

    They had urged the court to uphold the no case submission and discharge the accused.

    Delivering his ruling on Monday, the trial judge, Justice Ibrahim Buba noted that a plethora of cases had been cited by learned counsel in arguing their application for a no case submission.

    Buba, however, pointed out that in delivering ruling on such no case submission the court is enjoined to keep its ruling as short as possible.

    He said:“There are a plethora of cases listed by counsel, but the court is enjoined not to write its ruling as if it is writing its final judgment, but must keep its ruling as short as possible”.

    Buba held that the charge was before the court and its ingredients are clear.

    “The court therefore, cannot see the fuse in the argument that the prosecution has not made out a prima facie case against the defendants.

    “When a judge is faced with a ruling on a no case submission, it is permissible for the ruling to be brief and simply read: “you have a case to answer.

    “Consequently, the no case submission fails and is hereby overruled”.

    The court therefore, adjourned the case to Oct. 30, Nov. 7 and Nov. 9 for the defence to open its case.

    Akpobolokemi’s no-case submission, his lawyer, Mr Joseph Nwobike (SAN), had contended that the EFCC failed to link his client with the alleged diversion of funds from NIMASA.

    He added that his signature to such effect was never shown to the court, as such the first accused could not be held liable because he did not approve the security project and money disbursed.

    Nwobike had also described the evidence given against the accused by prosecution witness, as mere hearsay with no legal weight.

    He, had therefore, urged the court to come to the conclusion, that the first accused cannot be called upon to enter any defence, because no prima facie case had been established against him.

    Other defence counsels had also made their arguments on their no case submission.

    In response, the prosecutor, Mr. Rotimi Oyedepo, maintained that the testimonies of the 12 witnesses and 77 exhibits tendered had successfully linked Akpobolokemi to the alleged fraud.

    He had argued that being the head and chief accounting officer of NIMASA at the time of the alleged fraud, Akpobolokemi could not by any stretch of imagination, claim to be innocent.

    The prosecutor had further argued that even if it was the former president that approved the security project, Akpobolokemi was the head of NIMASA at the time, and constituted a committee to handle the project and also approved its funds.

    He further submitted that the prosecution had established that, rather than its intended purpose, the funds were illegally converted to the personal use of the accused.

    In the 22 count charges, the EFCC alleged that the accused induced the Federal Government to approve and deliver to NIMASA the sum of N795 million under false pretence and that the sum represented the cost for the implementation of the Security Code in Nigeria.

    The alleged offence contravened the provisions of Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

    NAN

  • Court to resume trial of Amosu, others Nov. 7

    Court to resume trial of Amosu, others Nov. 7

    The trial of a former Chief of Air Staff, Air Vice Marshall Adesola Amosu and 10 others charged with N22.8 billion fraud, was on Thursday in Lagos adjourned until Nov. 7 and Nov. 8.

    A Federal High Court gave the ruling following the absence of the counsel to the EFCC, Mr Rotimi Oyedepo.

    He was, however, represented by Mr A. Emeka.

    Amosu was on June 29, 2016, arraigned by the Economic and Financial Crimes Commission( EFCC ) 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 BIC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon HealthCare.

    The case which was earlier adjourned for continuation of trial on Thursday was shifted to Nov. 7.

    When the case came up for hearing, a counsel, Mr A. Emeka, announced appearance as standing in for the prosecutor, Mr Rotimi Oyedepo, who, he said, was at the Court of Appeal for another case.

    He informed the court that he was not fully abreast of the case but that he sought to handle the case until Oyedepo was available to continue with the trial.

    He, however, agreed to an adjournment.

    The prosecution’s witness (name withheld) and the defence counsel were in court.

    The accused are standing trial on charges bordering on conspiracy, stealing and money laundering before Justice Mohammed Idris.

    They all 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.

    The EFCC also alleged that Amosu and the others stole over N323 million from the accounts of the Nigerian Air Force between March 21, 2014 and March 12, 2015.

    The commission said the money was utilised for the purpose of purchasing for themselves a property situated at No.1, River St., Wuse II, Abuja.

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

    NAN

  • EFCC arraigns vessel, crew for illegal oil dealing

    EFCC arraigns vessel, crew for illegal oil dealing

    The Economic and Financial Crimes Commission (EFCC) Thursday arraigned a vessel, MT Vine, and its six crew members for allegedly dealing in 1,080 metric tonnes of Automated Gas Oil without lawful authority.

    Prosecuting counsel Rotimi Oyedepo said the defendants committed the offence on June 12, 2017.
    The crew members are Okpene Peter, Lateef Akin, Sarumi Evan, Adams Akeem, Obodo Cosmos and Onipede Kayode.
    The commission also arraigned another vessel, MV Shirley, its owner, Sagwe International Limited and Abednego Ogede for allegedly dealing in 145,000 litres of petroleum products without lawful authority.
    The defendants allegedly committed the offence on April 19.
    The alleged offence is contrary to sections 17 and 19(6) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004.
    The first set of defendants allegedly conspired to lift and distribute 1,080 metric tonnes of AGO without having the proper licence to do so.
    They also allegedly stored the 1,080 metric tonnes of AGO in MT Vine’s cargo tanks without licence, contrary to Section 4 of the Petroleum Act 2004.
    They  pleaded not guilty.
    Justice Rilwan Aikawa adjourned till October 6 to rule on their bail application.
  • Diezani: $40million was conveyed in cash to a bank chief

    Diezani: $40million was conveyed in cash to a bank chief

    Court orders final forfeiture of cash

    Protesters seek ex-minister’s extradition

    The Federal High Court in Lagos yesterday ordered the final forfeiture of N7.6billion allegedly stolen and hidden by former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke.

    Justice Abdulazeez Anka granted an application by the Economic and Financial Crimes Commission (EFCC) seeking the money’s final forfeiture to the Federal Government.

    He held: “I’ve read the motion on notice seeking the final forfeiture of the sum of N7,646,700,000 reasonably suspected to be proceeds of unlawful activity.

    “I have also gone through the affidavit in support of the application.

    “In the circumstances, I am of the view that the application has merit and is hereby granted as prayed. Parties have a right of appeal.”

    Moving the application, EFCC’s lawyer Rotimi Oyedepo said the money was part of “huge sums” allegedly diverted by Mrs Alison-Madueke from various subsidiaries of the Nigerian National Petroleum Corporation (NNPC).

    According to him, it was “fraudulently converted from NNPC by Mrs Alison-Madueke”.

    He said the commission published an advertorial after the court ordered the money’s temporary forfeiture, but no one came forward to claim its ownership.

    In an affidavit to support the application, an investigating officer, Usman Zakari, said he was part of a team of operatives who investigated an intelligence report that huge sums were laundered.

    He said it was looted through former Managing Director, Crude Oil Marketing Department, Gbenga Olu Komolafe; former Managing Director, Petroleum Products Management Company (PPMC) Prince Haruna Momoh; Group Managing Director, Nigerian Products Marketing Company (NPMC) Umar Farouk Ahmed, Stanley Lawson, Babajide Sonoiki and some bank chiefs on behalf of Mrs Alison-Madueke.

    The deponent said Mrs Alison-Madueke called a bank chief to her office for a meeting where she informed him that some officials of her ministry would be bringing funds to his bank.

    She allegedly directed that the “funds must neither be credited into any known account nor captured in any transactional platforms of the bank”.

    The investigator added: “In carrying out this alleged scheme of fraud, the sum of $153,310,000 was moved from NNPC through B.O.N Otti and Stanley Lawson, both former Group Executive Directors, Finance and Account of the NNPC” to the bank.

    He said using the same fraudulent scheme, another $45million was also conveyed to the bank.

    He said the money was conveyed in cash from Abuja to the bank’s headquarters in Lagos; $113,310,000 was taken out of it and moved to another bank in a bid to conceal its illicit source.

    The investigator said the remaining $40million was conveyed in cash to a bank chief, Dauda Lawal.

    Zakari said $108,310,000 was taken from the $113,310,000 and was disguised and invested in an off balance sheet investment using an asset management company owned by the bank as a special purpose vehicle.

    He said the remaining $5million was conveyed in cash to another bank’s managing director “for safe keeping”.

    The sum in the asset management company was allegedly converted to N23,446,300,000, which EFCC said it recovered in drafts from the bank.

    It also recovered the $5million held by the bank MD.

    The operative said the $40million conveyed in cash to Lawal was subsequently converted to N9,080,000,000 and retained by him.

    Zakari said the N23,446,300,000, $5million and N9,080,000,000 were forfeited to the Federal Government on February 16, following an order by Justice Muslim Hassan of the same court.

    According to him, the $45million was converted to naira by the bank in a bid to conceal and disguise its illicit origin.

    He said EFCC received N7,646,700,000 in draft from the bank.

    He recalled that the court on August 9 granted an interim order of forfeiture of the money and directed EFCC to publish the order in national newspapers to enable any person interested in it to appear in court and show cause why it should not be forfeited permanently to the Federal Government.

    “The applicant has complied with the order of this court by publishing the said order on the 16th of August. It is in the interest of justice to grant this application,” Zakari said.

    Justice Anka “granted the application as prayed”.

    The UK’s National Crime Agency (NCA) has frozen London properties valued at £10 million allegedly bought for the former minister.

    The two properties located at Regents Park in London, along with one in Buckinghamshire, have now been frozen based on the request of Nigerian authorities.

    According to online news medium, Premium Times, a London court gave the freeze order in September 2016 but details of the rulings have only recently become public.

    But the agency was too late in preventing a further two properties worth £8 million from being sold.

    In July, the U.S. Department of Justice (DoJ) had revealed four properties it alleged were bought for the former petroleum minister by individuals and firms seeking her influence in obtaining lucrative oil assets and crude oil lifting contracts.

    Some of the oil assets were assigned to people believed to be her cronies through Strategic Alliance Agreements (SAAs).

    The DoJ’s affidavit stated that businessmen, Jide Omokore and Kola Aluko were involved in the purchase of two of the properties allegedly bought for Alison-Madueke.

    The UK order obtained by Africa Confidential, a newsletter specialising in politics and business in Africa, has revealed that three of the properties have been frozen under the Proceeds of Crime Act.

  • Court rules on Belgore’s bid to quash bribery charge July 7

    Court rules on Belgore’s bid to quash bribery charge July 7

    A Federal High Court in Lagos on Thursday fixed July 7 for ruling on an application by a Senior Advocate, Dele Belgore, seeking to quash a criminal charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Justice Mohammed Aikawa adjourned for ruling after hearing arguments from both the defence and the prosecution counsel.

    Belgore is charged along with a former Minister of National Planning, Prof. Abubakar Suleiman over allegations of receiving N450 million from a former Minister of Petroleum Resources, Diezani Alison-Madueke.

    Alison-Madueke is also named in the charge but is described as “being at large”.

    The Commission had also accused them of handling the said sum in cash without going through any financial institution.

    The offence, according to the anti-graft body,  contravened the provisions of sections 1(a), 15(2)(d) and 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

    The accused, however, pleaded not guilty to the charges.

    Moving the application on Thursday, the defence counsel, Mr Ebun Shofunde (SAN), insisted that the failure of the EFCC to attach an affidavit to indicate that investigations had been concluded remained  a fundamental breach of the court rules.

    He argued that the failure rendered the charge most incompetent and urged the court to quash the charge and set Belgore free.

    Opposing the application, the Prosecutor, Mr Rotimi Oyedepo, argued that the current law governing criminal cases in Nigeria is the Administration of Criminal Justice Act (ACJA) 2015.

    Oyedepo maintained that the ACJA never listed the filing of the affidavit in question as a condition which must be accomplished before a criminal charge could be initiated in court.

    He argued that the provisions of the ACJA are superior to the Federal High Court Practice Direction.

    Oyedepo drew the court’s attention to the provision of Section 221 of the ACJA which restrains any judge in Nigeria from looking at any application which challenges the competence of charges in a criminal matter in the middle of trial.

    He also referred to the provision of Section 396 (2) of the Act,which restrains a judge from delivering any ruling on any application of that nature until judgment is handed down on the matter.

    Oyedepo urged the court to throw out the application, saying granting same would amount to “slaughtering” justice on the altar of technicality.
    Justice Aikawa will rule on the arguments on July 7.

  • Absence of EFCC counsel stalls corruption trial of senior advocate

    Absence of EFCC counsel stalls corruption trial of senior advocate

    The absence of  the  EFCC  prosecution   team in  court  on Friday  stalled the corruption trial of Dr Joseph Nwobike before Justice Raliatu Adebiyi of the Ikeja High Court in Lagos.

    Nwobike, a Senior Advocate of Nigeria (SAN) , is being tried by the EFCC for allegedly perverting the course of justice.

    He was also accused  of offering gratification to public officials,  including  court registrars and judges of the Federal High Court and National Industrial Court.

    At the last hearing  on March 28, the defence team led by Mr Olawale Akoni (SAN)  had argued  that the EFCC did not carry out  a thorough investigation  of  the allegations before charging  Nwobike  to court.

    But at the resumed hearing  on Friday, the EFCC  prosecutor, Mr Rotimi Oyedepo,  and his team were absent in court.

    When the case was announced from the cause list, Miss Zainab Ettu, an  EFCC lawyer who was in the courtroom for a different trial, could not explain  her colleagues’  absence.

    “My Lord, I am here for another trial, I don’t know why Mr Oyedepo is not in court for this trial,” she said.

    Akoni, however, registered his displeasure about the development.

    “I am quite surprised by the absence of the prosecution;  he should have at least informed the court if he had some other engagements.

    “ There is apparently no reason for their absence, they should show some respect to  the court.

    “We have been on this matter since April 21, 2016;  the prosecution should come to court and prove its case against the defendant so that the defendant can defend himself.

    “I will be seeking your Lordship’s direction on at least imposing a time frame for all the parties in this case.

    “We have another court date on May 18, we will be praying for your Lordship to give us an additional date,” Akoni said.

    Adebiyi,  while responding to Akoni’s submission,  noted that the court would  not be sitting on May 18 because she had other official duties.

    “It is unfortunate that the prosecution did not show up in court, I will be attending a special court session on May 18.

    “The previously adjourned date of May 18 is hereby vacated and the case adjourned to May 23, June 5 and June  6,” she said.

    The judge instructed  Ettu  to inform her absent colleagues  of the adjourned dates.

    “Miss Zainab Ettu of the EFCC, who is in court for another matter,  is to inform Rotimi Oyedepo of the adjourned dates,” Adebiyi said.

  • Lagos court fixes June 19 for judgment in Tompolo’s suit against IGP, EFCC

    Lagos court fixes June 19 for judgment in Tompolo’s suit against IGP, EFCC

    A Federal High Court in Lagos on Thursday fixed June 19 to deliver judgment in a suit filed by Chief Government Ekpemulopo, alias Tompolo, seeking the enforcement of his rights.

    Tompolo, who had been declared wanted since Feb. 12, 2016 by the Economic and Financial Crimes Commission (EFCC), is seeking court’s protection against prosecution over an alleged N45.9 billion fraud.
    Joined as respondents in the suit are the Inspector-General of Police, the Chief of Army Staff, the EFCC, the Chief of Naval Staff and the Chief of Air Staff.
    On Thursday, Justice Mojisola Olatoregun reserved judgment in the suit after hearing arguments from counsel.
    Adopting his originating processes, counsel to the first and second respondents, Mr T.A Mofolu, argued that the provisions of the Administration of Criminal Justice Act, provides for speedy criminal trials.
    According to him,  the law provides that an accused has a right of appeal where he is not at par with the decision of a court.

    He said in this case the respondent was aware of an appeal filed by the applicant.
    He also objected to the attachment of a newspaper publication in the applicant’s further affidavit dated June 16, 2016 on the grounds that such piece of evidence was secondary and ought to be certified at the National library.

    Mofolu, therefore, urged the court to dismiss the application for lack of merit.

    But counsel to the EFCC, Mr Rotimi Oyedepo, submitted that the applicant in question was a “fugitive” in law and should not be allowed to seek redress from the court until he submitted himself for trial.

    He argued that given the materials placed before the court, it was clear that the applicant was s in clear contempt of the order of Justice Ibrahim Buba, who had earlier compelled his attendance in court to answer charges preferred against him.

    Oyedepo described the application as an abuse of court process, saying “it is trite that a party who is in contempt of court cannot seek redress” and urged  the court to throw out the application for lack of merit.

    He said in his originating processes, the applicant had “ridiculously and in contradiction of his claims” annexed a copy of his notice of appeal signed personally by him.
    “If the applicant feigns ignorance of the charge, how then was he able to brief his counsel on the charge for an appeal to be filed.

    “The issue leading to the preferring of a criminal charge against the applicant borders on fraud in which billions of naira was lost by the Federal government.”
    He, therefore, urged the court to dismiss the application and award “heavy” costs against the applicant for abusing the court’s process.

    In response to the arguments of respondent’s counsels, Tompolo’s lawyer, Mr Ebun-Olu Adegboruwa, brought his application pursuant to the provisions of the African Charter of Human rights, the 1999 constitution, as well as the inherent jurisdiction of the court.

    He argued that in criminal law service of a charge was personal and could not be presumed, adding that there is no evidence before the court showing that exhibit A (charge) was served on the applicant.

    On the issue of contempt, Adegboruwa submitted that the applicant could not be cited for contempt, adding that since the beginning of the proceedings, the applicant cannot be said to have breached any court order.

    He insisted that it was the constitutional right of the applicant to apply to court for the enforcement of his rights and urged the court to uphold it.

    After listening to the submissions of counsel, Justice Olatoregun fixed June 19 for judgment.

    The EFCC had filed a 40-count charge against Tompolo and nine others before Justice Ibrahim Buba of the same court.

    Following the absence of  Tompolo in court since his arraignment, Justice Buba had  issued a bench warrant for his arrest and production in court.

    The court had also on Feb. 19, 2014, ordered a forfeiture of property belonging to Tompolo after an application was moved to that effect by the EFCC.

    Justice Buba had held that the Administration of Criminal Justice Act 2015 empowers the court to seize properties of an accused who refused to face trial.

    The court recalled that though Tompolo refused to appear in court, he briefed his lawyers and through them sought to vacate the order of his arrest.

    Consequently, he ordered forfeiture of properties belonging to Tompolo pending when appears in court.

    Property affected by the forfeiture order included a River Crew Change Boat named MUHA – 15, the property known as “Tompolo Dockyard”, and the property known as “Tompolo Yard”, at the end of Chevron Clinic Road, next to Next Oil, Edjeba, Warri.
    Others are the Diving School at Kurutie at Escravos River, the property known as “Tompolo House” at Oporaza Town, and any other property discovered by the EFCC moveable and immovable.
    Meanwhile, Tompolo is seeking an order restraining the respondents from further proceeding with the charges slammed on him.

    Tompolo contends that Sections 221 and 306 of the Administration of Criminal Justice Act, 2015 which prohibit him from seeking a stay of proceedings in his trial infringed on his constitutional rights to fair hearing.

    Tompolo also wants the court not to only nullify Sections 221 and 306 of the ACJA but to also restrain the respondents from invoking  the sections of the law against him.

    He insists that Sections 221 and 306 were in conflict with Section 36 of the Constitution which guarantees his right to fair hearing.

  • EFCC: Jonathan’s wife paid N2.1b into account in two years

    EFCC: Jonathan’s wife paid N2.1b into account in two years

    The Economic and Financial Crimes Commission (EFCC) told the Federal High Court in Lagos Wednesday that wife of former President Goodluck Jonathan, Patience, allegedly paid $6,791,599.64 (about N2,150,378,386.32) into her account between February 8, 2013 and January 30, 2015.

    It said the money, which she allegedly directed her aides to pay into her account while her husband was President, was suspected to be proceeds of unlawful activities.

    EFCC said Mrs Jonathan had earlier spent $949,282.98 (about N296,141,911) from the money.

    The commission said she also withdrew another N100,000 from the account this month, leaving a balance of $5,731,173.55.

    It prayed the court to order the temporary forfeiture of the remaining sum to prevent her from further dissipating it.

    Justice Mojisola Olatoregun granted the order as prayed based on an ex-parte application by the EFCC.

    The commission said it found the money in an account numbered 2110001712 with Skye Bank Plc in Mrs Jonathan’s name.

    The judge also ordered the forfeiture N2,421,953,522.78 found in an Ecobank Nigeria Ltd account numbered 2022000760 in the name of La Wari Furniture and Baths Ltd.

    The commission said the money is also linked to Mrs Jonathan.

    EFCC said the sums were “reasonably suspected to be proceeds of unlawful activities”.

    Justice Olatoregun directed the EFCC to publish the interim order in a newspaper.

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

    EFCC’s counsel Rotimi Oyedepo said the application was based on Section 17 of the Advance Fee Fraud and other Related Offences Act 2006.

    In an affidavit in support of the ex parte originating summons, an EFCC operative, Musbahu Yahaha Abubakar, said he was a member of a Special Task Force Team assigned to investigate the case.

    He said the commission received an intelligence report that funds suspected to proceeds of crime were “warehoused” in the accounts.

    “The intelligence was analysed and found worthy of investigation,” Abubakar said.

    He said Mrs Jonathan opened the Skye Bank account on February 7, 2013.

    “Upon the opening of the account, several huge cash deposits in dollars were made to the account.

    “One Dudafa Waripamo Owei who was the Senior Special Assistant to the former President was one of the frequent depositors in the account.

    “Another frequent cash depositor of funds reasonably suspected to be proceeds of unlawful activities into the account is one Festus Iyoha, a steward at the State House, Abuja,” the deponent said.

    The EFCC investigator said Iyoha also made deposits with fictitious names.

    Abubakar said between February 8, 2013 and January 30, 2015, $6,791,599.64 suspected to be proceeds of unlawful activities was deposited into the account in cash.

    He said Mrs Jonathan had dissipated part of the funds, leaving a balance of $5,731,173.55.

    “If this fund is not forfeited in the interim, the operator of the account, Mrs Dame Patience Jonathan, will fully dissipate it.

    “She made cash withdrawal of $100,000 on the 7th of April, 2017 from the account after obtaining court order in suit No FHC/L/CS/1343/16 on the ground that she was not made a party to the suit,” the investigator said.

    On the N2.4billion, the operative said the commission also traced the money to the Ecobank account following suspicions that it was a proceed of crime.

    He said the “purported” signatory to the account was one Ada Ifegbu, with a telephone number belonging to one Esther Oba.

    The EFCC operative said the N2.4billion “were substantially the naira equivalent of the United States Dollars given to one Chima Nwafor John of Ecobank Nigeria Ltd by one Esther Oba at the Aso Rock Villa.”

    He said it was John who contracted bureau de change operators to convert the money to naira and deposit it to La Wari Furniture and Baths Ltd’s account.

    Abubakar said the dollars which were subsequently converted to naira and deposited in the firm’s account were all received in cash by John.

    The operative added: “The various deposits by Chima Nwafor John through the bureau de change operators were placed on fixed deposit.

    “The sum of N2,033,196,721.31 reasonably suspected to be proceeds of unlawful activities is currently on fixed deposit in La Wari Furniture’s account.

    “Apart from the fixed amount, the sum of N388,751,801.47 reasonably suspected to be proceed of unlawful activities is currently standing to the credit of La Wari Furniture and Baths Ltd’s account.

    “It is in the interest of justice to, in the interim, make an order of forfeiture to the Federal Government of Nigeria and allow any person who has interest in the properties sought to be forfeited to appear before this Honourable Court within 14 days to show cause why the properties reasonably suspected by the applicant to be proceeds of unlawful activities should not be forfeited to the Federal Government of Nigeria.

    “It is in the interest of justice to grant this application.”

    Ruling, Justice Olatoregun said: “Application is granted as prayed.”

    This is coming a day EFCC withdrew its application for a stay of execution of a judgment which unfreezed the account.

    The EFCC freezed the account last year.

    Justice Mojisola Olatoregun on April 6 unfreezed the account after Mrs. Jonathan’s lawyer, Ifedayo Adedipe (SAN), argued that her client was not a party to suit.

    Dissatisfied with the order, EFCC filed an application for stay of execution but withdrew it on Monday.

    Justice Olatoregun adjourned until May 15.

     

  • N450m fraud: EFCC amends charges against Belgore, joins Allison-Madueke

    There was a twist on Monday in Lagos in the ongoing trial of  Mohammed Belgore (SAN), and a former Minister of National Planning, Prof. Abubakar Sulaiman for alleged N450 million money laundering as the former Minister of Petroleum Resources, Diezani Allison-Madueke, was joined in the suit.

    The Economic and Financial Crimes Commission (EFCC) prosecutor had amended the five-count charge and joined Allison-Madueke, as an accused in the case at a Federal High Court, Lagos.

    The News Agency of Nigeria (NAN reports that Allison-Madueke was charged in absentia alongside a one-time governorship candidate of the People’s Democratic Party (PDP), Belgore and Sulaiman.

    Belgore and Sulaiman were first arraigned in February before Justice Mohammed Aikawa on a five-count charge bordering on money laundering.

    At the resumed trial of the two accused persons on Monday, the prosecutor, Mr. Rotimi Oyedepo, informed the court of an amended charge in which the name of Allison-Madueke had been joined as an accused.

    Allison-Madueke was, however, described as being “at large” in the new charge.

    Oyedepo then urged the court to allow the amended charge to be read over to Belgore and Sulaiman who were present in court for their pleas to be taken afresh.

    The application was not opposed by defence counsel as the court ordered the plea of the accused to be taken.

    The accused again entered a “not guilty” plea.

    Upon their plea, the prosecution called on its first witness, Mr. Timothy Olaobaju, a banker.

    Led in evidence by Oyedepo, the witness informed the court that sometime in April 2014, a cash lodgement of about 115 million dollars was made lodged into the account of Allison-Madueke.

    He said that subsequently on March 27, 2015, the accused issued payment instructions to convert the said sums into Naira, and paid to some beneficiaries including Belgore and Suleiman.

    He told the court that the duo received the sum of N450 million and filled the payment form to acknowledge receipt.

    The prosecutor tendered the form filled by the accused in evidence, urging the court to admit same as exhibit.

    Justice Aikawa admitted the form in evidence, and accordingly marked them as Exhibits 1 and 1a.

    Furthermore, the witness told the court no cheque was issued in respect of the funds, adding that the accused signed the form on March 26, 2015, while they received the money on March 27, 2015.

    Meanwhile, counsel representing the accused — Mr. B. O. Shofunde (SAN), and Chief O Ayanlaja (SAN) – urged the court to grant an adjournment to enable them cross-examine the witness.

    Consequently, the court adjourned the case to March 14 for cross-examination of the witness and continuation of trial.

    In the five counts, Allison-Madueke was alleged to have conspired with Belgore and Sulaiman on or about March 27, 2015, to directly take possession of the sum of N450 million which they reasonably ought to have known formed part of proceeds of unlawful act.

    The accused were also alleged to have taken the said funds in cash which exceeded the amount authorised by law without going through a financial institution.

    Belgore and Sulaiman were also alleged to have paid the sum of N50 million to one Sheriff Shagaya without going through any financial institution.

    The offences are said to have contravened the provisions of Sections 1(a), 15, 16(d) and 18 (a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

     

  • Court reserves ruling on Fani-Kayode, Usman’s bail applications

    Court reserves ruling on Fani-Kayode, Usman’s bail applications

    A Federal High Court sitting in Lagos on Friday reserved ruling on the bail applications of former Minister of Aviation, Chief Femi Fani-Kayode and his Finance counterpart, Nenadi Usman.

    They are to remain in prison till July 4.

    Fani-Kayode and Usman alongside Danjuma Yusuf and Jointrust Dimensions Nigeria Limited were on June 28 arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice M. S. Hassan on a 17-count charge of conspiracy, stealing, corruption and making cash payments exceeding the amount authorized by law.

    The accused persons allegedly diverted about N4.9 billion belonging to the Federal Government to political and personal uses.

    They had pleaded not guilty to the charges.

    The accused persons’ counsel,  Ferdinand Orbih (SAN), Ifedayo Adedipe (SAN) and S. I. Ameh (SAN) moved the motion for bail, having filed separate applications in which they prayed the court to release their clients on bail.

    But the prosecuting counsel, Rotimi Oyedepo, said he needed time to respond to the applications.

    Justice Hassan consequently adjourned proceedings to July 1 for hearing of the bail applications.

    At the resumed hearing on Friday, the counsels argued the applications.

    Orbih prayed the court to admit the first accused person to bail based on self-recognition pending the hearing and determination of the charges preferred against her.

     

    Justice Hassan consequently adjourned to July 4 for ruling.