Tag: the Nigerian Financial Intelligence Unit (NFIU)

  • NFIU issues advisory on fraudulent foreign wire transfer

    NFIU issues advisory on fraudulent foreign wire transfer

    The Nigerian Financial Intelligence Unit (NFIU) has issued an advisory over increasing fraudulent petitions involving alleged non-receipt of large wire transfers from foreign banks into local accounts.

    It warned members of the public, financial institutions and the legal community of the growing trend of deceptive practices aimed at exploiting the financial system.

    According to the NFIU, individuals, corporate entities, and even some law firms have been implicated in filing petitions based on forged documents and fictitious transactions.

    These scams often involve fabricated Memoranda of Understanding (MoUs) and doctored SWIFT messages designed to mislead victims and authorities.

    The NFIU outlined key trends and patterns it has observed in these fraudulent activities.

    It noted that fraudulent entities typically open new bank accounts with no operational history, create fake legal agreements, and solicit financial contributions from unsuspecting individuals, promising them a share of the non-existent funds.

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    Law firms are sometimes engaged without carrying out adequate due diligence, lending credibility to otherwise suspicious claims.

    The common warning signs include large sums allegedly transferred, inconsistencies across documentation, newly incorporated companies with no financial track record, and the presentation of counterfeit SWIFT messages purporting to confirm foreign fund transfers.

    The NFIU’s investigation showed that no confirmations of such transfers were received from corresponding foreign financial intelligence units or foreign banks.

    The banks mentioned in the petitions confirmed they had not received the alleged wire transfers, and the entities involved were often identified as shell companies lacking legitimate operational records.

    The investigations also pointed to the widespread use of fake legal documents, forged signatures, and conflicting information.

    It warned of the consequences of the fraudulent activities for the financial system, including reputational risks for banks, misuse of the NFIU’s name and insignia on forged documents, and heightened vulnerability of both financial institutions and the general public to fraud.

    The NFIU issued several recommendations. Financial institutions were advised to conduct enhanced due diligence, verify the authenticity of SWIFT messages, promptly reject any fraudulent claims, and report suspicious activities or transactions to the NFIU through Suspicious Activity Reports (SARs) or Suspicious Transaction Reports (STRs).

    It urged Nigerians to exercise caution when approached with unverifiable wire transfer claims, thoroughly scrutinise any investment opportunity and remain alert to common signs of fraud.

    Law firms and the Nigerian Bar Association (NBA) have  also been advised to ensure thorough client verification and document authentication before taking up such cases, to avoid unwittingly facilitating fraudulent schemes.

    The NFIU noted that fraudulent petitions exploiting alleged foreign wire transfers pose an increasing threat to the financial sector.

    It stressed the importance of vigilance, rigorous due diligence and stronger collaboration between financial institutions and law enforcement agencies among others in mitigating the risks.

  • AGF faults Kogi, 18 States’ suit querying legitimacy of EFCC, ICPC, NFIU

    AGF faults Kogi, 18 States’ suit querying legitimacy of EFCC, ICPC, NFIU

    The Attorney General of the Federation (AGF) Lateef Fagbemi has faulted the suit filed by 19 States including Kogi, querying the constitutionality of the laws establishing the nation’s anti-corruption agencies.

    In a counter-affidavit to the suit, the AGF argued that the National Assembly validly enacted the laws establishing the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

    The AGF urged the Supreme Court to dismiss the suit on the grounds that issues raised by the plaintiffs have already been resolved before now by the Court of Appeal and the apex court.

    Fagbemi also argued, in a notice of preliminary objection, that the Supreme Court lacked the jurisdiction to hear the case because the grievance of the plaintiffs is what only the Federal High Court could adjudicate on.

    He argued that the complaints of the plaintiffs are against the the Federal Government of Nigeria and its anti-corruption agencies, but not against the Federal Republic of Nigeria to warrant the invocation of the  apex court’s jurisdiction.

    In the counter affidavit, deposed to by an official of the Federal Ministry of Justice, the AGF, who is the sole defendant on the suit, said all the facts deposed to by the plaintiffs in the affidavit in support of the amended originating summons are false, misleading and do not reflect the correct position in relation to the subject matter of this suit.

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    “The plaintiffs’ suit, inter-alia challenges all the anti-corruption laws/statutes in Nigeria and in particular the Nigerian Financial Intelligence Unit (NFIU) guidelines, issued on the 23rd of January, 2023 to strengthen the fight against money laundering, terrorism and related matters.

    “The NIFU Guidelines was issued by the Nigerian Financial Intelligence Unit (NFIU) pursuant to its powers under Section 23(2), 3(s) & 1(d) of the NFIU Act, 2018 to combat money laundering, terrorism financing and proliferation financing. 

    “The Guidelines was necessitated by the result of analysis by the unit (NFIU) on the negative impact of cash flow from public accounts on the discharge of its mandate of combating money laundering, terrorism financing and proliferation financing.

    The National Assembly exercises its legislative powers under the Nigerian Constitution with regards to corruption and abuse of office and upon any convention or treaty. 

    There is no need to seek the concurrence of sub-national whereas (in this case) the National Assembly is acting pursuant to its legislative powers under the Constitution. 

    The National Assembly does not need the ratification or concurrence of the plaintiffs’ Houses of Assembly to pass the EFCC Act, ICPC Act, NFIU Act, the Proceed of Crime (Recovery and Management) or any anti-corruption Act or statute into Law. 

    EFCC Act, ICPC Act, NFIU Act are enforceable against any person in Nigeria, including the officials of the plaintiffs and those of Local Government Councils. 

    The EFCC and ICPC have recovered several misappropriated funds and property of the states and have returned same to those component states. 

    The Honourable Attorney General of the Federation (defendant herein) has the powers to prosecute any person, including the officials of the plaintiffs if investigation reveals that the person committed an economic crime. 

    The investigation to expose commission of economic crime by EFCC, ICPC and the NFIU is not an interference with the powers of the plaintiffs’ government or the state House of Assembly. 

    “The NFIU Act not only empowers NFIU to make Guidelines, but also to strengthen existing measures of combating money laundering, terrorism financing and proliferation financing (AML/CFT/CPF) which is the intendment of the guidelines; 

    “The issue surrounding the powers of the NEIU to make Guidelines affecting the States has been finally determined by the Court of Appeal in the judgement in Appeal No: CA/ABJ/CV/822/2022 delivered on the 21st day of May, 2024, in a suit instituted by the plaintiffs and other states of the Federation wherein they challenged similar Guidelines before the Federal High Court in suit No: FHC/ABJ/CS/563/2019 and lost. 

    “The Court of Appeal, affirmed the decision of the trial Federal High Court against all the plaintiffs in that suit, including these present plaintiffs, who have not appealed further. 

    “The decision of the Court of Appeal is binding on all persons and authorities, including the instant plaintiffs. 

    “The NFIU Guidelines was issued to the reporting entities, that is financial institutions for compliance. Reference to the tiers of government and other public officials is merely for their attention and noting; 

    “The claims by the plaintiffs are not in conformity with the principles behind the guidelines initiated by the Nigerian Financial Intelligence Unit (NFIU) aimed at curbing corruption and the menace of Money Laundering/Terrorism Financing in Nigeria and also to bring more fransparency in every’sector of the Nigerian economy in line with global best practices.”