Tag: Somina Amachree

  • FG amends charge against Saraki

    FG amends charge against Saraki

    The Code of Conduct Bureau (CCB) has insisted that it discovered discrepancies in the asset declaration forms submitted to it by the Senate President, Dr Bukola Saraki.

    CCB’s senior official, Samuel Madojemu, who said this on Wednesday, disclosed that investigation revealed that Saraki failed to declare some assets contrary to the requirement of the Code of Conduct Bureau and Tribunal (CCB/T) Act.

    Madojemu, who is Head, Intelligence Unit of the CCB, spoke while testifying as the 3rd prosecution witness at the resumption of Saraki’s trial for false assets declaration before the Code of Conduct Tribunal (CCT).

    The witness also identified true copies of the asset declaration forms submitted to the CCB by Saraki. He confirmed them to be the same with the certified true copies (CTC) earlier tendered by the prosecution, which the defence claimed were fake.

    Led in evidence by the lead prosecution witness, Rotimi Jacobs (SAN), Madojemu said the Senate President declined to declare a property on 15 MacDonald Ikoyi in Lagos State which he allegedly acquired with N3000 million through Tiny-Tee, a company he also refused to declare at the end of his tenure as Kwara governor. 

    The witness, who came to the tribunal with certified true copies of Saraki’s assets declaration forms from 2003 to 2015, said he was part of the team that investigated Saraki’s case.

    CCB

    He disclosed that his team of investigators, which comprised intelligence officials from the Economic and Financial Crimes Commission (EFCC) and CCB. 

    Madujemu said: “One of the discrepancies we discovered has to do with false declaration and non-declaration of some assets and liabilities. 

    “MacDonald 15 was acquired at Ikoyi in Lagos in 2006, but it was not declared in the defendant’s end of tenure declaration form as governor,” the witness said.

    At that point, the lead defence lawyer, Kanu Agabi protested the continuation of trial on the existing 16-count charge when the prosecution had already filed an amended one of 18 counts.

    He sought for an adjournment to enable the defence study the new charge, a request Jacobs objected to, insisting that Saraki is made to plead to the new charge immediately to prevent a delay in proceedings.

    Ruling, Tribunal Chairman, Danladi Umar held in favour of the defence. He agreed with Agabi that the defence required time to study the new charge and prepare its defence.

    He adjourned to February 23 for Saraki’s re-arraignment and continuation of trial.

    The latest amendment to the charge against Saraki makes it the third time the prosecution would be effecting the amendment to its charge sine the case commenced in 2015. At inception, the charge had 13 counts, it was raised to16 counts, and now 18. 

  • ‘Saraki operated, funded hidden foreign accounts as public officer’

    ‘Saraki operated, funded hidden foreign accounts as public officer’

    Senate President, Bukola Saraki operated foreign between 2009 and 2012 while serving as a public officer, a witness said on Tuesday at his resumed trial before the Code of Conduct Tribunal (CCT) in Abuja.
    Saraki was Kwara State Governor between 2003 and 2011 and has since 2011 been member of the Senate.
    Among the 16 counts on which he is being tried for false assets declaration is that he operated foreign accounts and failed to declare them, acts which offend public service rules.
    At the resumption of proceedings before the CCT, the Head of Funds Transfer Unit, Guaranty Trust Bank, Amazi Nwachuckwu confirmed that the Senate President did operate and fund foreign accounts as a public officer.
    Nwanchukwu, who was led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), said Saraki kept dollar, pounds sterling and naira accounts domiciled in the Ilorin, Kwara State branch of the GTB.
    The witness, who was asked to read the documents including Saraki’s bank statements, said Saraki transferred over $3m from his dollar account to his foreign account between 2009 and 2012.
    The witness said Saraki transferred  $73,223.28 to America Express Services Europe Limited, New York, through the America Express Bank, New York card account.
    “Dr Saraki filled the transfer request form in Kwara State Government House, Ilorin.
    “He gave the instruction to transfer the sum of $73,223.28 to the beneficiary, the America Express Services Europe Limited, New York, through the America Express Bank, New York’s account number 730580 maintained by  America Express Service Europe Limited.
    “The purpose of the payment was funding for amounts utilised on AMEX (American Express) cards issued to the customer (dollar credit card no. 374588216836009).
    “For his dollar account number 441/441953/2/1/0, the customer (Saraki) signed the fund transfer form. The form was received from the account officer in Ilorin branch.
    “We then processed it and transferred it to our corresponding bank abroad. The corresponding bank then transferred it to America Express Bank Limited,” the witness said.
    The witness said Saraki authorised the transfer of a total of £1,526,194.53 from his pounds sterling account to his Fortis Bank, London, account in three instalments within two days on February 15 and 16, 2010.
    He added that his bank – GTB –  offered a N375m loan to Saraki through a letter dated February 10, 2010.
    Nwanchukwu said Saraki instructed GTB to transfer the pounds sterling equivalent of the loan to fund his mortgage on a London property.
    “Exhibit 7 is a letter dated February 10, 2010. -t is a letter of offer of facility. From the letter, the borrower was Dr. Bukola Saraki. The sum of N375m was offered to him.
    “The purpose of the offer was for the purchase of the property in London. From Exhibit 9 (bank statement), there was  part payment of mortgage redemption.
    “On February 15, 2010, there was second part payment for mortgage redemption. (The amount remaining to be paid was £1,394, 415.53).
    “On February 16, 2010, there was full and final payment for mortgage redemption. Total amount payment was £1,516,194.53. The transfers were done within two days on February 15 and 16, 2010,” Nwanchukwu said.
    He admitted lacking full knowledge of the procedure of fund transfer in London, but insisted that by his experience with GTB, “a customer can only give instruction to transfer money to another account in another bank, that customer must be maintaining an account in that another bank.”
    The witness said a “telex” was usually generated and sent to the customer who gave the transfer instruction as confirmation for the transfer of funds to foreign accounts.
    Nwanchukwu, who testified as the 2nd prosecution witness,  said the “telexes” with respect to Saraki’s pounds sterling transfer were burnt in a fire incident that engulfed the Funds Transfer Unit at the GTB headquarters.
    “As I explained, when you debit a customer, he receives a debit alert. When the transaction is consummated by transfer of the money abroad, a telex confirmation is generated and sent to the account officer who will now forward it to the customer.
    “The three telexes “with respect to the Saraki’s transactions) were destroyed by fire incident that happened in the unit. I am not aware of any complaint that the (Saraki’s) London account did not receive the money,” he said.
    During cross-examination, the defence lawyer, Paul Usoro (SAN), tendered the statement made by Nwachukwu to the Economic and Financial Crimes Commission (EFCC) on September 10, 2015.
    Nwanchukwu said as at when the telexes of February 15 and 16, 2010, were generated, he was not working at the Funds Transfer Unit of the GTB.
    The witness said between 2009 and 2012 he was working at the Central Clearing and the Foreign Operations unit of the bank.
    He said he played no role in the documentation relating to Saraki’s transactions.
    “I did not see the documents. But I know the existence of the documents because the process is standardised. I am here to testify based on the bank’s record, he said.
    The witness said he did not mention anything about the burnt telexes in his statement because he made the statement based on the questions asked by the EFCC interrogator, whom he said did not raise any question concerning the fire incident.
    He said the “mortgage redemption” for which Saraki transferred the £1.5m to a foreign account meant payment for house purchase.
    He admitted not having deep knowledge on mortgages.
    Nwanchukwu said he did not have knowledge of the relationship between Saraki and Fortis Bank as well as the American Express Europe Limited and American Express Europe Bank.
  • Court refuses Wike’s prayer to stop probe of ‎Rivers re-run violence

    Court refuses Wike’s prayer to stop probe of ‎Rivers re-run violence

    • Justice Kolawole orders IGP others to show cause on Jan 30
    Governor Nyasom Wike of Rivers State failed yesterday in his bid to restrain the Inspector General of Police (IGP), Ibrahim Idris from investigating complaints, allegations, petitions of crimes and various acts of criminality during December 10, 2016, re-run elections in the state.
    Justice Gabriel Kolawole, in a ruling on Monday, rejected an ex-parte motion by Wike, which was argued by his lawyer, Mike Ozekhome (SAN).
    Justice Kolawole said some constitutional issues regarding the powers of an executive governor of a state were raised in the motion and needed to be addressed.
    The Judge refused Wike’s request for an order setting aside the IGP’s letter to Wilke dated December 20, 2016.
    Instead, Justice Kolawole ordered that the defendants – the IGP, the State Security Service (SSS) and a Deputy Commissioner of Police, Damian Okoro – to appear before him on January 30, 2017, to show cause why the relief sought by the Governor should not be granted.
    Wike had urged the court for an order of interin injunction restraining the defendants or their agents from enforcing or executing the matters contained in the letter written to governor him by the IGP on December 20, 2016.
    The IGP in the said letter titled, “Investigation into allegations of crimes committed during the last rerun elections in Rivers state,” said the, “purview of the investigation will cover allegations of bribes taken, several brazen murder incidents (including that of serving Police Officers), reports of gross human rights abuses, acts of sabotage/terrorism, kidnapping for ransom and ballot box snatching, all of which were perpetrated in connivance with several federal and state civil servants as well as highly placed politicians within and outside the state”.
    The letter also requested the Governor to furnish the police investigative team with all necessary information and exhibits that may assist the team in the investigation.
    Ozekhome had, while arguing the motion yesterday, told the court that the action of the police to constitute a panel to investigate the crisis that trailed the rerun elections in Rivers state was illegal, unlawful, unconstitutional and null and void.
    He said it will be in the interest of justice for the court to set aside the IGP’s letter to governor Wike and direct the Police boss to await the outcome of the commission of inquiry set up by the governor.
    Ozekhome noted that the terms of reference of the panel of investigation set up by the police clearly suggest that the goal of the intended investigation is already pre-determined and biased or likely to be biased against Wike, having regard to the numerous conclusions already reached in the said letter.
    He argued that the intention of the police was to produce “a predetermined damning report” against Wike through the medium of the Commission of Inquiry.
    He added that “the defendants are working from the answer to the question with the predetermined objective of convicting the 2nd plaintiffs (Wike)”.
    Ozekhome argued that, with conclusions already drawn and reached by the police, without hearing from Wike, the IGP has already “convicted” the governor unheard.
    He added that the IGP was merely using the supposed investigation as a smokescreen and rubber stamp to give credence to the governor’s (2nd plaintiff) guilt.
    He prayed the court to set aside the letter by the IGP and direct the Police should await the outcome of the committee of inquiry already set up by Wike.
    A staff in Ozekhome’s law firm, Harrison Obi said, in a supporting affidavit that the actions of the security personnel were caught on video and presented to Nigerians and the whole world by various reputable television stations.
    He said after the election, governor Wike set up a commission of inquiry to look into the immediate and remote causes of the evidence that trailed the conduct of the elections, with a view to avoiding a similar occurrence in subsequent elections and punishing the perpetrators of the act.
    Obi said the commission of inquiry was set up under the Commission of Inquiry Law, Cap 30, Laws of Rivers State, which only governor Wike, as the Chief Security Officer of the state is legally empowered to constitute.
  • Judge’s absence stalls ruling on legality of Dasuki’s detention

    Judge’s absence stalls ruling on legality of Dasuki’s detention

    The Absence of Justice Adeniyi Ademola of the Federal High Court, Abuja stalled the ruling scheduled fro yesterday on whether or not the continued detention of former National Security Adviser (NSA), Sambo Dasuki was legal.
    Dasuki, who is on trial before the court on charges of money laundering and illegal possession of firearms, had challenged his continued detention and urged the court to either quash the charge against him or halt proceedings indefinitely until he was released from detention.
    The ex-NSA, in a motion argued by his lawyer, Joseph Daudu (SAN), accused the prosecution of violating an earlier of the court, admitting him to bail. He urged the court not to further indulge the prosecution by allowing it to continue with proceedings in the case.
    Justice Ademola was expected to rule yesterday on whether or not Dasuki’s continued detention by the Department of State Services (DSS) was a violation of his earlier orders granting him bail and permitting him to travel abroad for medical reasons.
    When parties got to court yesterday, they were informed by court officials that the judge was not available.
    It was learnt that the judge’s absence was in relation to the court’s Easter vacation which was still on as at yesterday.
    No date has been fixed for the ruling as an official of the court said it was the prerogative of the judge only to determine when to schedule for judgement or ruling.
    Similar application by Dasuki had been rejected by two judges in earlier rulings.
    Justice Peter Affen of the High Court of the Federal Capital Territory (FCT) had, in a ruling on March 4 this year, held thaT Dasuki’s application lacked merit.
    The judge further held that the order granting bail to the defendant (Dasuki) did not preclude him from being re-arrested by other agencies of the Federal Government in respect of other alleged crime.
    “Though, both the Economic and Financial Crimes Commission (EFCC) and the DSS are agencies of the Federal Government of Nigeria, they are established under separate enactments and vested with distinct legal persona, powers and responsibilities such that one is not liable for action or inaction of the other.
    “Even criminal prosecution is undertaken by them separately in the name of the Federal Government of Nigeria merely to facilitate the due administration of justice, which does not alter the mark of separate and distinct legal identities.
    “This being so, the inevitable conclusion to reach is that the applicant has not made out a proper case of disobedience of the order made by this court on December 21, 2015 and therefore there is no legal or factual basis upon which the court can prohibit the complainant from further prosecuting the instant charges not to mention any other charge before any other court as prayed by the second defendant.
    “The point has already been made that the order allegedly disobeyed or violated did not contemplate any government agency other than the EFCC and that this court did not restrain the arrest, the re-arrest or detention of the second defendant or any of the defendants for further offences when alleged against them,” the judge said.
    Justice Affen added that there was “no correlation” between the prayer sought by Dasuki to discharge him and the alleged disobedience of court order.
    “I have found no correlation whatsoever and none has been demonstrated between the alleged disobedience of court order and being discharged of the offences charged.
    “I take the considered view that even if the second defendant/applicant has succeeded in establishing the case of disobedience of the orders granted on December 21, 2015, and I have already held that he did not do so, that would not constitute valid grounds for discharging him of the offences preferred against him,” he said.
    On February 9 this year, Justice Hussein Baba Yusuf (also of the High Court of the FCT) held, in a ruling on   a similar application by Dasuki, held that the ex-NSA was in error in his argument that his continued detention was in breach of a subsisting order of the court.