The Nation Newspaper

Tag: The Economic and Financial Crimes Commission (EFCC)

  • 753 duplexes

    753 duplexes

    •We need transparency on culprit’s identity and how the units are allocated and proceeds used

    Few stories about corruption stun Nigerians. But the report that the Economic and Financial Crimes Commission (EFCC) has executed a forfeiture of 753 duplexes and other apartments came as a scandal of the first rank. Many Nigerian jaws dropped.

    The news has brought with it quite a few puzzles. The commission said it belonged to a top government operative who had been fired from office. Eyes and speculations pointed to former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

    This raised two issues.

    First, there was silence in the Emefiele camp. Neither his lawyers nor his publicists responded. This is curious because the EFCC characterisation fitted him, and it was in his interest and that of truth for him to clarify the situation. Not a few people believed he was the culprit. His silence is being calculated as guilt.

    But the EFCC complicated the story implying that it did not identify the culprit. Here is EFCC spokesman Dele Oyewale’s response:

    “The allegation of a cover-up of the identity of the promoters of the estate stands logic on the head in the sense that the proceedings for the forfeiture of the estate were in line with Section 17 of the Advance Fee Fraud Act, which is a civil proceeding that allows for action-in-rem rather than action-in-personam.

    “The latter allows legal actions against a property and not an individual, especially in a situation of an unclaimed property. This Act allows you to take up a forfeiture proceeding against a chattel who is not a juristic person. This is exactly what the commission did in respect of the estate. Individual in situations of unclaimed assets.”

    The cat had been let out of the bag. It was a legal and procedural remorse from the agency, but it had already imbued the public with the facts. It is regarded as a sort pf scandal within a scandal by a section of the public that the agency was hiding the facts in legalese, especially by arguing that since it is not a crime of one person, it did not merit public consumption. However, the matter was heard in court, and for that to happen, the judge must know the rigour and details of the investigation.

    Investigation now show that Emefiele was suspected to be the culprit and he acted through facades.

    The document showed, among other things, that he operated through other individuals and also companies.

    Read Also: Nigeria spent N5.14tn on mineral fuels import in Q3, says NBS

    For instance, the investigation showed that the former CBN chief connived with Ifeanyi Omeke who “ran several errands for him, which included purchase and perfection of title documents for

    several properties located in highbrow areas of Lagos and Abuja.”

    Investigators located the property on September 17, 2024 “with the assistance of a surveyor from the Abuja Geographical Information Systems, using search results and coordinate,” the document revealed.

    Three companies paid N2.2bn for the property “in criminal maneuvering of layering proceeds of illegal activities of Mr. Godwin Emefiele.”

    The Abuja property with 753 duplexes and other apartments are located in the Cadastral Zone area of the capital city.

    The story is a reflection of a corrupt routine in the plunder of the Nigerian patrimony. They install fronts, so as to conceal their larcenies.

    The recovery followed a ruling delivered on December 2, 2024, by Justice Jude Onwuegbuzie of the FCT High Court in Apo. But if this came to light, it is because many public officers have been able to conceal their acts. Blessed are those whose sins are covered. Emefiele’s apparently is not. The EFCC investigation did not limit the indictment to Abuja. Lagos State is also in the picture but that, perhaps, is also under investigation.

    There are still assumptions and questions. Are the 753 duplexes fruits of the former CBN’s cases presently under prosecution?

    They include procurement fraud, forgery of former President Muhammadu Buhari’s signature, and a few other charges. A fraud case involves $4.5bn and N2.8bn and the printing of N684.5m notes at the cost of N18.96bn.

    “The commission whilst investigating the alleged monumental fraud carried out by the immediate past Governor of the CBN and his cronies traced and discovered several properties reasonably suspected to have been acquired and or developed with proceeds of unlawful activities,” noted the EFCC.

    The report said the former CBN governor “negotiated kickbacks in return for allocation of foreign exchange to some companies who were in desperate need of foreign exchange for their lawful and legitimate businesses.”

    The revelation that it was originally meant for a “mass housing development” is curious. Is it a government programme appropriated for personal use? Again, if three companies paid N2.2bn to buy the property, what are their names? If the EFCC says it will not mention a person but a chattel, who are the corporate concerns?

    The 753 duplexes may be a fruit of corruption, but they are a boon to the country. If the EFCC describes it as the single largest corruption recovery, it cheers the heart that this corrupt find is not in Dubai, or the United Kingdom or the United States, or any of the shadowy communities outside the country in islands and archipelagoes that fascinate our official thieves. This is a find we can use.

    This is bigger than rice or beans acquired at the border by the Nigerian Customs. It is not a fleet of cars that they auction off. This is a thriving property which is doubly beneficial to many citizens. Though they are uncompleted for most part, the Federal Government can sell them to willing buyers and help with shelters for Nigerians.

     Two, the proceeds will be useful as resources for development.

    The EFCC has, in the past year, recovered billions of naira that have been ploughed into important projects like the student loans scheme. We can say, under Olanipekun Olukoyede, this has been a very fruitful war on filth. We urge him to continue, even if the commission has been dodgy on the identity of the thief. In due course, it will come to light from its own portal, though they have done it without admitting.

    But in allocating the homes, we need transparency. Nigerians should be told how each of the units is sold and for how much. Many will recourse to their math heads to ascertain how much the government raked in from this “venture.” We must make sure that this corruption find “pays.”

  • EFCC and ‘753 duplexes’

    EFCC and ‘753 duplexes’

    Described as the largest single-asset recovery in the history of the Economic and Financial Crimes Commission (EFCC), which was created in 2003, the recovered vast estate in Abuja comprising 753 duplexes and other apartments raised serious questions about the anti-corruption agency’s methods following its failure to name the owner of the estate. 

    It is located on Plot 109 Cadastral Zone C09, Lokogoma District, Abuja. A court in Abuja issued an order of final forfeiture concerning the estate on December 2. The agency described it as a “record-breaking recovery” and “a landmark forfeiture.”

    Notably, activist and former presidential candidate of the African Action Congress (AAC) Omoyele Sowore accused the EFCC of double standards. “If it is Yahoo boys, they will line laptops and Nokia phones in front of them and send their photos globally even before their trial is commenced,” he posted on social media, adding that the agency “is now afraid of big thieves.”

    The EFCC’s response to “Sowore and co-travellers’ tantrums” didn’t help matters. It argued in a statement: “The allegation of a cover up of the identity of the promoters of the Estate stands logic on the head.”  The agency explained that “the proceedings for the forfeiture of the Estate were in line with Section 17 of the Advance Fee Fraud Act which is a civil proceeding that allows… legal actions against a property and not an individual, especially in a situation of an unclaimed property.” 

    Read Also: Digital literacy: NITDA seeks education minister’s support on school curriculum

     It said: “The company flagged by our investigations denied ownership of the Estate following publications made in leading national newspapers. On the basis of this, the Commission approached the court for an order of final forfeiture.”

    However, it emphasised that “the substantive criminal investigation on the matter still continues,” adding, “It will be unprofessional of the EFCC to go to town by mentioning names of individuals whose identities were not directly linked to any title document of the properties.  The EFCC is unwavering in its no-sacred-cow approach to every matter…”

     It’s easy to claim a “no-sacred-cow approach.” In this case, the public wants to see whether that is the case. The agency’s effort to give the impression that identifying the owner of the estate is difficult and will take some time calls into question its investigative methods.

     When will the agency name the owner of the estate and follow up with prosecution? That’s when this unprecedented single-asset recovery will look like or be seen as an anti-corruption achievement.

  • Asset forfeiture: Kudos to EFCC and judiciary

    Asset forfeiture: Kudos to EFCC and judiciary

     Sir: The Centre for Anti-Corruption and Open Leadership, CACOL commends the Economic and Financial Crimes Commission (EFCC) for its relentless efforts in the fight against corruption, as evidenced by its recent success in securing the forfeiture of assets tied to illicit activities.

    The Economic and Financial Crimes Commission had on Monday announced its largest asset recovery since its establishment. The recovered asset, said to be owned by a former top brass of the government, located in the Federal Capital Territory, is an estate spanning 150,500 square meters and comprising 753 units of duplexes and other apartments. The estate is situated on Plot 109, Cadastral Zone C09, Lokogoma District, Abuja. The recovery followed a ruling delivered on December 2, by Justice Jude Onwuegbuzie. On November 1, , the judge had given an order of interim forfeiture on the property.

    The confiscation of assets acquired through illegal means serves as a powerful deterrent to corrupt practices and reaffirms our collective commitment to combating financial crimes. This decision demonstrates the effectiveness of collaboration between law enforcement and the judiciary in safeguarding public resources and ensuring that no one benefits from the proceeds of corruption.

    The fact is that there are several of such estates or properties scattered around different parts of Nigeria, especially in Abuja and Lagos that ought to have been investigated through the powers conferred on the agency. We expect the agency to be more proactive, so that people will not get away with such atrocities.

    Read Also: Army chief pledges support for works ministry to tackle sector challenges

    As much as we applaud the EFCC for its professionalism and determination in investigating and pursuing cases of economic and financial crimes, we still find it difficult to understand the reason behind shielding the name of the culprit. His or her name should be exposed to members of the public whose money he has diverted to acquire the property.

    Such victories serve as a reminder that our institutions can and will act decisively in addressing corruption and recovering public funds for the benefit of all citizens.

    We also commend the judiciary for its unbiased and timely decision, which reflects its pivotal role as a bastion of justice in Nigeria. This ruling sends a strong message that the law is supreme and that anyone who engages in financial malfeasance will face the consequences.

    We stand in solidarity with the EFCC and other anti-corruption agencies as they continue to work toward a Nigeria free from corruption. We call on all Nigerians to support these efforts by promoting transparency, reporting suspicious activities, and ensuring accountability in both public and private sectors.

    Together, we can build a nation where integrity thrives, public resources are safeguarded, and justice is upheld.

    •Debo Adeniran,CACOL, Lagos.

  • EFCC gets forensic Lab in Rivers

    EFCC gets forensic Lab in Rivers

    The Economic and Financial Crimes Commission (EFCC) has promised more efficient forensic analysis of petroleum products in its quest to rid the country of criminals operating within the extractive industry.

    The Chairman of the anti-graft Agency, Olanipekun Olukoyede gave this assurance shortly after commissioning the first state-of-the-art chemical Forensic laboratory, in Port Harcourt Zonal office in Rivers State on Friday.

    The fully equipped facility was set up in partnership with the MacArthur Foundation, through the Centre for Democracy and Development (CDD), to ascertain the quality of petroleum products imported into the country and also to fight against illegal oil bunkering activities in the Southsouth region.

    Read Also: Nigeria will leverage on strategic plan with China, says Tegbe

    Amongst the equipment installed include Automatic Potentiometric Titrator for analysing diesel, petrol and lubricating oil, Eternity 2000 Cal magnetic compensation analytical balance, Vis Kinematic auto viscometer among others.

    Speaking at the event, Olukoyede expressed excitement over the development, noting that it took two years to set up and equip the facility, adding that it is the first of its kind in the history of Rivers State and Nigeria at large.

    An elated Olukoyede said, “The establishment of this laboratory is more than an achievement for the EFCC; it’s a national asset that enhances Nigerians capacity to combat complex economic crimes in the oil sector.”

    He noted that at previous times, samples of petroleum products were taken to the Department of Petroleum Resources (DPR), for analysis, during investigation, and that with the new development, the commission would conduct the tests internally to support their investigations.

    “The DPR Laboratory was not primarily set up to carry out tests to support financial crimes or economic sabotage investigations. Now, we have our own Laboratory set up specifically to handle that. Again because they have their own Primary assignment, when samples are taken to them, they tend to do their statutory duties first before they would attend to us; so what this means it that, with the Laboratory now in place; the process of our investigation is going to be more tidier and timely, it will also help us in the chain of custody as well as improve the sanctity of our investigation process, and even gives us control over the process.”

    The State Chief judge, Simon Amadi, witnessed the brief event. Other personalities at the occasion were representatives of DPR, among others.

  • Who’s afraid of EFCC?

    Who’s afraid of EFCC?

    Former Nigerian Bar Association (NBA) chief and rights activist Olisa Agbakoba (SAN) has an uncanny way of stirring up constitutional battles. Remember what he said about getting 25 percent of the votes cast in Abuja before a candidate can win the presidential election. The Presidential Election Petitions Court (PEPC) and the Supreme Court gave a shortshrift to his contention which the petitioners/appellants borrowed heavily from to prove their cases.The Constitution, the courts held, never envisaged such a situation where the winner must score 25 percent in Abuja in order to become president.

    The 25 percent issue has been laid to rest forever. But Agbakoba is at it again! Curiously, a few days after 16 states went to the Supreme Court over the Economic and Financial Crimes Commission (EFCC), as presently constituted, he thundered over the propriety of its edtablishment law. We are not here to discuss the merit or otherwise of a case that is sub judice. The apex court, which on Tuesday reserved judgment in the matter, is more than capable to do justice to the dispute. Is it really a dispute?

    There is nothing disputatious about it beyond the politics that is at play. The EFCC Act and other related legislations on the war against corrupt came at different points in our life as a nation. The EFCC, in particular, was a child of necessity. It was created to check the excesses of public officers, civil servants and others in every sphere of life. The EFCC is not restrictive in its operation. It is not about going after those in public and civil services alone. Its operation cuts across every gamut of society. This is why operatives of the agency have been seen going after those in oil and gas, banking, agriculture and other fields.

    Some oil marketers have been charged with petrol subsidy fraud running into billions of naira. Also, some bank chiefs, with a few of them losing all the way to the Supreme Court, have been tried and convicted for fraud. They were convicted on the strength of the prosecution’s case. They were not persecuted. Persecution has no place in the laws of our land. This is why an accused person is presumed innocent until proved guilty. The trial of businessmen and other non-politically exposed persons does not generate interest like that of the politically exposed. The reason for this is obvious: they hold office at the pleasure of the people.

    As such, they must be accountable to the people. Whether in the public or private sector, accountability matters. A man that is not transparent cannot be trusted. You cannot hold a position of trust and not expect to be scrutinised. It is in the enlightened interest of any leader to always explain and clarify things in the true sense of transparency. Being accountable as a leader engenders trust and confidence, leaving followers, with no choice than to follow suit. Accountability is not a liability. It becomes one when the leader refuses to embrace it. It is about explaining always to the led the reasons for every action.

    Read Also: Nigerians spend N10,239 monthly on cooking gas, says NBS

    Giving account should not be seen as a burden. It should be taken as part of the governance process. If a leader can go to the people to campaign, he should also be prepared to render account to them. A true leader, that is a servant-leader, will never ignore the people. He will at every turn, carry them along, by opening up to them. Like the other anti-graft laws, the EFCC Act is aimed at sanitising society to make it a better place to live for the leader and the led. There is nothing to fear about the EFCC law if a person is clean. The person will not go into hiding when he is asked to appear in court to answer the charge against him.

    The law protects everyone.  As Justice C hukwudifu Oputa once said, justice is a three-way traffic. It is justice for the society, the accused and the victims of his action. There can never be one-sided justice, if society must move forward. Our leaders should be mindful of the fact that one day, they will be called upon to give account. That day is around the corner. What they do today will determine how they meet that inevitable day of reckoning. Did the Bible not say that we will die and after death, judgement? So, also it is with the offices we occupy today. We will leave them one day and shall be called thereafter to give account.

    We cannot preempt that future event by seeking to quash the law under which we may be called upon to give account of our stewardship when the time comes. There is nothing personal about any law. The law is for all and it is applied justly and equitably on every person, no matter their status. The 16 states’ challenge of the EFCC Act  is good because there can never be anything wrong in going to court. The court is there to settle disputes between parties, be they individuals, organisations or states.

    Testing a law in court as the states have done is the civilised way to go. People should, therefore, not impute motives to the states’ action. Though, the suit is coming 22 years after the enactment of the EFCC Act 2002, which was amended in 2004, it should be noted that there is no statute limitation against filing the case. If the states have just woken up to the reality of filing the case, they cannot be denied their right to bring the suit simply because the law has been in existence for 22 years. Likewise, people like Agbakoba and Femi Falana cannot be stopped from dissecting  the law.

    Agbakoba shares the states’ view that EFCC is an “illegal agency”. Falana disagrees, saying EFCC was “legally created to fight the miasma of corruption in the country”. Will EFCC live or not after this case? Only the Supreme Court can say. But the point has been made that the fear of EFCC is the beginning of toeing the straight and narrow path for elected officers.

  • Legal expert: how fintech firms can navigate complex regulatory environment

    Legal expert: how fintech firms can navigate complex regulatory environment

    Nigeria’s fintech sector, recognised for its innovation and role in promoting financial inclusion, faces significant challenges that threaten its growth.

    Despite its importance for economic development, industry leaders are increasingly concerned about rising obstacles.

    To address these issues, legal expert, Davidson Oturu, is set to present “Fintech Law and Practice in Nigeria,” a comprehensive guide aimed at helping fintech companies navigate the intricate regulatory environment.

    The book addresses various challenges, including escalating cybercrime, poor internet infrastructure, financial illiteracy, and regulatory uncertainty.

    “Fintech’s potential is vast, but navigating regulatory complexities is crucial,” Oturu stated. “My book will empower stakeholders to overcome hurdles and drive sustainable growth.”

    Oturu highlighted several impediments to fintech innovation, such as inadequate internet access, high data costs, user experience challenges, limited rural financial services, and a general lack of trust.

    Read Also: Nigeria’s economy will not experience hyperinflation, CBN vows

    Compounding these issues are regulatory uncertainties, frequent policy changes, and the increasing threat of fraud and cybercrime.

    The lawyer’s book aims to clarify Nigeria’s fintech regulatory landscape by providing practical compliance advice, showcasing success stories, and exploring future trends.

    It also examines the roles of key regulatory bodies, including the Central Bank of Nigeria (CBN), the Nigerian Data Protection Bureau (NDPB), the Federal Competition and Consumer Protection Commission (FCCPC), and the Economic and Financial Crimes Commission (EFCC) in ensuring consumer protection and sector stability.

    A critical focus of “Fintech Law and Practice in Nigeria” is data privacy, particularly concerns about Fintech misusing customer data without proper consent.

    The book discusses interim regulations from the FCCPC and regulatory actions taken by NITDA, FCCPC, and EFCC to address these issues.

    It addresses key legal challenges, such as difficulties depositors face in accessing funds and the obligations of banks and fintech to protect customer accounts from fraud.

    It also critiques controversial practices among digital lending platforms, such as the unauthorised sharing of customer data during loan defaults.

  • Money laundering charges against Bobrisky legally dropped – EFCC

    Money laundering charges against Bobrisky legally dropped – EFCC

    Bilikisu Bala, a prosecutor with the Economic and Financial Crimes Commission (EFCC), on Monday, told a joint committee of the House of Representatives investigating allegations of corruption against some officers of the commission and the Nigeria Correctional Service (NCoS)) that charges of money laundering dropped in the trial of the crossdresser were lawful and in compliance with the Administration of Criminal Justice Act (ACJA).

    Bala, head of the prosecution team that handled the trial of Bobrisky, told the Committee that the charges were dropped based on the disclosure of the Special Control Unit against Money Laundering (SCUML) that Okunenye’s firm, Bob Express, was not a Designated Non-Financial Institution, Business and Profession (DNFIBP) and could not be prosecuted for flouting provisions of the Money Laundering Prevention & Prohibition Act, 2022.

    “We initially raised six count charges bordering on Naira Abuse and Money Laundering against Okuneye based on his confessional statement that his firm, Bob Express, was not registered with SCUML and was not rendering returns to it.

    “Counts 1-4 were on Naira Abuse while counts five and six were on money laundering. Okuneye’s confession that he didn’t register his firm, Bob Express with SCUML and did not render returns to it informed the money laundering charges initially included in the six-count. However, when we wrote to SCUML on the status of the firm, the Unit responded that it was not a Designated Non-Financial Institution, Business or Profession.

    Read Also: EFCC goes after oil sector debtors owing Fed Govt $6b, N66b

    “We cannot lawfully sustain the charges in all sincerity. We, therefore dropped them and relied on the four counts on Naira mutilation to which Okuneye had pleaded guilty.”

    Bala dismissed claims of financial inducement in dropping charges maintaining that no such thing happened.

    “There is simply no basis for that. The Administration of Criminal Justice Act, ACJA, allows amendment of charges. It is a professional practice. It is laughable for anyone to attribute our decision to monetary issues.

    “Why did we write to SCUML if we didn’t want to include the charges? We wrote to be lawfully guided and when the Unit responded that the firm had not breached any law, on what basis should we have retained the money laundering charges?” she said.

    Bala, who appeared before the Committee with top management staff of the EFCC, charged the Committee to critically look into all the issues raised against the EFCC and make public its findings in the interest of justice.

    Chief of Staff to the EFCC’s Chairman, Commander of the EFCC, CE Michael Nzekwe who stood for the Chairman, Ola Olukoyede, restated the seriousness the Commission attached to integrity of its staff.

    “We viewed the allegation of bribery against our officers seriously. Integrity is one of our core values. This is why we are here to place all the facts involved in the trial of Okuneye in the public domain”, he said.

  • ‘How Fayose, Obanikoro, Dasuki shared N4.7b’ – EFCC

    ‘How Fayose, Obanikoro, Dasuki shared N4.7b’ – EFCC

    *Court remands Ekiti Gov’s ally in Kuje prison

    The Economic and Financial Crimes Commission (EFCC) on Wednesday gave details of how Ekiti State Governor, Ayodele Fayose, former National Security Adviser (NSA),  Sambo Dasuki and ex-Minister of State for Defence, Musiliu Obanikoro  allegedly removed N4,685,723,000 from the account of the Office of the NSA (ONSA), which they subsequently distributed.

    The EFCC, which formally arraigned an associate of Fayose, Abiodun Agbele before a Federal High Court in Abuja on Wednesday  in relation to the purportedly diverted funds, made public its findings on how the money was allegedly distributed.

    The commission, in a court document, said its investigation into the “alleged dissipation of public funds and abuse of office” by Dasuki led it discover that between April 4 and November 13, 2014 Obanikoro conspired with Fayose and Dasuki “to fraudulently remove the sum of N4,685,723,000 from the account of ONSA, which sum was fraudulently transferred to a company known as Sylvan Mcnamara  Ltd, with account No; 0026223714 domiciled with Diamond Bank Plc.

    “Upon the receipt of the proceeds of crime, Musliu Obanikoro (the then Minister of Defence for State) fraudulently conveyed the sum of N1,219,490,000 to Akure to the use of Mr. Ayodele Fayose. On the 17th and 18th day of June 2014, one Mr. Alade Oluseye (staff of Zenith Bank, Akure branch) in company of defendant/applicant (Abiodun Agbele, a front of Mr. Ayodele fayose) went to the Akure Airport and took delivery of the said sum from Mr. Musiliu Obanikoro and others.

    “On the 18th June 2014 the appellant, Abiodun Agbele received an instruction Mr. Ayodele Fayose to collect the money and he thereafter made cash deposit in the sum of N219,490,000 to De privateer Ltd account No:1013835889 domiciled with Zenith Bank Plc. Agbele is the operator and sole signatory of the Zenith Bank Plc account No:1013835889 belonging to De Privateer Ltd.

    “On the 19th of June 2014 the defendant/applicant also made cash deposit in the sum of N300,000,000 being proceeds from the N1,219,490,000 into the said De privateer Ltd account. On 23rd the defendant/applicant deposited the sum of N200,000,000 into Zenith Bank account No: 1003126654 in the name of Ayodele Fayose.

    “The defendant/applicant, in further dissipating the funds, being proceeds of the crime, carried out various transactions including payments to Spotless Investment Ltd, Still Earth Ltd, etc on the instruction and for the benefit of Mr. Ayodele Fayose,” the EFCC said in a counter affidavit filed against a bail application by Agbale.

    Earlier, the court took Agbele’s plea on the 11-count charge of money laundering brought against him and three companies – Sylvan Mcnamara Ltd, De Privateer Ltd and Spotless Investment Ltd. He pleaded not guilty following which his lawyer, Mike Ozekhome (SAN) argued his bail application, to which lead prosecution lawyer, Jonson Ojogbane objected on the grounds that Agbele would jump bail and interfere with prosecution witnesses if granted bail.

    A detective with the EFCC, Samson Oloje, who deposed to the counter-affidavit, described Agbele as “a flight risk” and that he has “perfected plans to flee from the country until he was arrested.

    “The applicant in conjunction with Musiliu Obanikoro (now at large) colluded to move and aid the escape of Olalekan Ogunseye, a principal suspect in this case, out of Nigeria and if released on bail, will also flee from jurisdiction.

    “The defendant/applicant, prior to his arrest, was still in contact with the said Olalekan and plans have also been concluded to get the defendant out of the country by Musiliu Obanikoro and his principal, Ayodele Fayose, the Governor of Ekiti State.”

    Justice Nnamdi Dimgba, after listening to arguments by parties on the bail application, adjourned to today for ruling. He ordered that Agbele be remanded in Kuje prison pending the ruling.

    In count one of the charge marked: FHC/ABJ/CR/154/2016, Agbele is accused of conspiring with Obanikoro (now at large), Sylvan Mcnamara ltd, A. O. Adewale (now at large), Tunde Oshinowo (now at large) and Olalekan Ogunseye (now at large), while being sole signatory to the Zenith Bank account  of Sylvan Mcnamara ltd,  between April 4 and November 13, 2014 “to commit illegal act to wit: laundering the sum of N4,685,723,000,000 being sum transferred from the Office of the National Security Adviser with Central Bank of Nigeria by Col. Mohammed Sambo Dasuki (rtd).

    He was, in count two, alleged to have worked with banikoro, Lt. A. O. Adewale (now at large) and Dr. Tunde Oshinowo (now at large) “on or about 17th of June 2015 directly take possession or control of the sum of N1,219,000,000 being part of the N4,685,723,000,000” allegedly removed from the ONSA account with CBN..

    Agbele was in counts three, accused of paying N100milion into a Zenith Bank account No: 1010170969 belonging to Spotles Investment Ltd around June 17, 2015. He was, in count five said to have around June 18, 2014 “di retain the sum of N219,490,000 in Zenith Bank account number 1013835889 belonging to De Privateer  Ltd (while he was the company’s Managing Director).

    Agbele was accused, in count eight, of transferring, on or about 26th June 2014, N137m “into the account of fayose Ayodele domiciled in Zenith Bank, Akure branch with account number: 1003126654,” when he ought to have reasonably known that the funds formed part of the proceeds of “unlawful activity of Dasuki and Obanikoro to wit: Criminal breach of trust and fraud.”

    The defendant was further accused, in count 11 of converting about N263m to personal use while he was the Director of Finance and Account of the Nigerian Broadcasting Commission (NBC) around June 17, 2015.

  • EFCC excludes Diezani, Aluko from $1.6b charge against ex-NNPC directors

    EFCC excludes Diezani, Aluko from $1.6b charge against ex-NNPC directors

    *Court grants N50m bail each to Omokore, others

    The Economic and Financial Crimes Commission (EFCC) made last minute adjustment to a $1.6billion charge it filed against associates of former Petroleum Resources Minister, Diezani Alison-Madueke.

    The commission applied for the exclusion of the names of the former minister and a businessman, Kolawole Akanni Aluko, who were mention in the charge marked: FHC/ABJ/CR/121/2016.

    Alison-Madueke (said to be at large)  was named in count 8 of the charge  and accused of “abetting the commission of money laundering,” by the those listed as defendants in the charge.

    Aluko (also said to be at larage) was accused of engaging in conspiracy and money laundering and fraud.

    The EFCC’s decision to exclude Alison-Madueke and Aluko from the charge was informed by the insistence of the trial judge, Justice Binta Nyako that it was impossible to proceed with the arrangement yesterday when the ex-minister and Aluko were not in court and had not been served with the charge.

    Although prosecution lawyer, Rotimi Jacobs (SAN) argued that the arraignment could be done without Alison-Madueke and Aluko, who were merely mentioned in the charge, but not as defendants, the judge insisted that both names must either be excluded or they be served with the charge and produce in court before arraignment could take place.

    Shortly after Jacobs applied for the exclusion of the names of the ex-minister and Aluko from the charge, the judge directed tha the charge be read to the defendants.

    Those arraigned were businessman, Jide Omokore, former Managing Director of the Nigerian Petroleum Development Company Limited (NPDC), Victor Briggs, Abiye Membere, former Group Executive Director, Exploration and Production of the Nigerian National Petroleum Corporation, Abiye Membere, Manager, Planning and Commercial of the NNPC, David Mbanefo and twocompanies linked with Omokore – Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited.

    They were arraigned on a nine-count charge and accused of obtaining under false pretence and engaging in money laundering estimated at about $1,646,140,379.90.

    Omokore was alleged to have used the Strategic Alliance Agreement signed between the NPDC and Atlantic Energy Drilling Concept Limited to swindle the NPDC and the Nigerian government of monies running into billions of dollars through the lifting of crude oil from some oil wells between March 2013 and May 2014.

    The other accused persons who were senior management staff of the NNPC are accused of conspiracy in inducing the NPDC to facilitate the lifting of crude by Omokore, Atlantic Energy Brass Development Limited  and Atlantic Energy Drilling Concept Limited.

    “They were also accused receiving car gifts from Omokore, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Limited.

    They pleaded not guilty to the charge when it was read to them.

    Following their plea of not guilty, Based on their plea, Jacobs, SAN, asked the court for a date for the commencement of trial.

    Following an application from the defence team, Justice Nyako granted bail to the defendants at N50million each with a surety.

    The judge said such surety must either be a director in the federal Civil Service or must have a landed property in the jurisdiction of the court.

    She adjourned to October 19 for the commencement of trial

    Part of the charge reads:

    *That you Olajide Jones Omokore, Atlantic Energy Brass Development Limited Atlantic Energy Drilling Concept Ltd and Kolawole Akanni Aluko (now at large) between May and October 2013 within the jurisdiction of this honourable court, by false pretence and with intent to defraud, induced the Nigerian Petroleum Development Company (NPDC), Nigerian National Petroleum Corporation (NNPC) and the Federal Government of Nigeria to deliver to you 5,652,227 barrels of crude oil (Brass blend) valued at the sum of US$616,013,615.27 (six hundred and sixteen million, thirteen thousand, six hundred and fifteen US dollars, twenty seven cents) through the medium of a contract (Strategic Alliance Agreement), which delivery was induced by false pretence to wit: the representation that you had technical competence, professional skills and funds (both local and foreign) necessary to support NPDC in petroleum operation for the OML 60, 61, 62 and 63 and you thereby committed an offence contrary to Section 1(1)(b) of the Advance Fee Fraud and other Fraud Related Offences Act Cap A6, 2010 Laws of the Federation of Nigeria and punishable under Section 1(3) of the same Act.

    *That you Olajide Jones Omokore, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Ltd between January and March 2014 within the jurisdiction of this honourable court! By false pretence. And with the intent to defraud, induced the Nigerian Petroleum Development Company (NPDC), Nigerian National Petroleum Corporation (NNPC) and the Federal Government of Nigeria to deliver to you 1,899,640 barrels of crude oil (Brass blend) valued at the sum of US$207,061,574.68 (two hundred and seven million, sixty one thousand, five hundred and seventy four UD dollars. And sixty eight cents) through the medium of a contract (Strategic Alliance Agreement) which delivery was induced by false pretence, to wit: the representation that you had technical competence, professional skills and funds (both local and foreign) necessary to support NPDC in petroleum operation for the OML 60,61, 62 and 63 and you thereby committed an offence contrary to Section 1(1)(b) of the Advance Fee Fraud and other Fraud Related Offences Act Cap. A6, 2010 Laws of the Federation of Nigeria and punishable under Section 1(3) of the same Act.

    *That you Olajide Jones Omokore, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Ltd between May2013 and March 2014 within the jurisdiction of this honourable court, obtained by false pretence and with the intent to defraud 7,551,867 barrels of crude oil (Brass crude) valued at the sum of US$823,075,189.95 (eight hundred and twenty three million, seventy five thousand, one hundred and eighty nine US dollars and ninety five cents) from Nigerian Petroleum Development Company (NPDC), Nigerian National Petroleum Corporation (NNPC) and the Federal Government of Nigeria on false pretence that you had funds (both local and foreign) necessary to support the NPDC Limited in petroleum. Operation for the OML 60, 61, 62 and 63 and you thereby committed an offence contrary to Section 1(a) of the Advance Fee Fraud and other Fraud Related Offences Act Cap A6, 2010 Laws of the Federation of Nigeria and punishable under Section 1(3) of the same Act.

    *That you Olajide Jones Omokore, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Ltd, Victor, Abiye Membere and David Mbanefo between 2013 and 2014 within the jurisdiction of this honourable court, did conspire amongst yourselves to commit an offence to wit: obtaining property by false pretence by inciting the Nigeria Petroleum Development Company (NPDC), Nigerian National Petroleum Corporation (NNPC). And the Federal Government of Nigeria to deliver to Olajide Jones Omokore, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Ltd and Kolawole Akanni Aluko (now at large) 7,551,867 barrels of crude oil (Brass blend) in total, valued at the sum of US$823,075,189.95 (eight hundred and twenty three million, seventy five thousand, one hundred and eighty nine dollars and ninety five cents) and you thereby committed an offence contrary to Section 8 (a) of the Advance Fee Fraud and other Fraud Related Offences Act Cap A6, 2010 Laws of the Federation of Nigeria and punishable under Section 1(3) of the same Act.

    *That you Olajide Jones Omokore,  Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concept Ltd sometime in 2013 within the jurisdiction of this honourable court, did conspire amongst yourselves to commit an offence, to wit: laundering of proceeds of an unlawful act and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.

    * That you Olajide Jones Omokore,  Atlantic Energy Brass Development Limited, Atlantic Energy Drilling Concept Ltd and Kolawole Akanni Aluko) now at large) sometime in May and October 2013 within the jurisdiction of this honourable court, did convert 5,652,22 barrels of crude oil (Brass blend) into the sum of US$616,013,615.23 (six hundred and sixteen million, thirteen thousand, six hundred and fifteen US dolars, twenty seven cents) which you reasonably ought to have known formed part of the proceeds of an unlawful act (to wit: stealing of the said crude oil) of Atlantic Energy Drilling Concept Ltd and Atlantic Energy Brass Development Ltd and you thereby committed an offence contrary to Section 15(2) (b) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under section 15 (3) of the same Act.

  • Anti-corruption: Sagay, EFCC absolve Buhari of interference

    Anti-corruption: Sagay, EFCC absolve Buhari of interference

    Prof. Itse Sagay (SAN), the Chairman, Presidential Advisory Committee on Anti-corruption and the Economic and Financial Crimes Commission (EFCC) Thursday absolved President Muhammadu Buhari of interference in the fight against corruption.

    Sagay and the EFCC declared in Lagos Thursday that the president does not interfere in their day-to-day activities as anti-corruption agencies, stressing that the ongoing anti-corruption campaign was not a witch-hunt.

    The occasion was the 2016 Lecture and Award Ceremony of the National Association of Judiciary Correspondents (NAJUC), Lagos chapter held at the Function Room of the MUSON Centre, Onikan, Lagos.

    The theme of the lecture was “The judiciary, media, anti-graft agencies and the fight against corruption.”

    Sagay said, “I am involved in the anti-corruption struggle, I have never received a call from the President giving me instructions on anything. He has assigned responsibilities and he is facing the governance of the country which is what he was elected for.

    “We regard corruption cases from the last administration as low hanging fruits because they are the most obvious and have the most impact in terms of resolution,” he said.

    Sagay said special courts would soon be established for the prosecution of financial crimes emphasizing that they would be presided over by special judges to speed up the process of prosecution.

    Towards this end, he said, his committee had concluded the drawing up of the Special Crimes Act for judges who will be specifically selected to adjudicate on such special crimes such as financial crimes, kidnapping, cybercrimes and drugs to ensure conclusion of such cases within record time.

    Sagay added that the committee had also made various reforms that would tremendously aid the speedy dispensation of justice of high profile corruption cases in the country.

    He said: “We have created a new manual for prosecution of financial cases which will give prosecutors a step by step process for prosecution. We have recommended that for effective prosecution, the prosecution should be made up of a team comprising an investigator, prosecutor and other lawyers.

    “A series of workshops have been organised by the committee for 180 prosecutors across the country in which we brought in a number of experts to teach them how to draft charges to prevent the charges being faulted in court.”

    The Head, Public Affairs, EFCC Zone 2, Mr. Samin Amaddin, also said that the commission does not engage in any form of persecution nor receives any dictation or directive from President Buhari on who to investigate or prosecute for corruption.

    According to Amaddin, “We only act on petitions received from members of the public and it is only when we investigate and find the allegations to be true that we go after such person.”

    Guest lecturer, Mr Godwin Obla (SAN), said the judiciary was pivotal in the fight against corruption.

    “The institutional role of the judiciary puts it on a pedestal as a tool for social engineering which is done through the instrumentality of the court system.

    He contended, “The judiciary cannot remain soulless, it must connect with the values of the people in justice delivery”.

    Obla maintained that the adjudicatory system in the country supports case law and that the interpretation of statutes by judges has a role in effective justice delivery.