Magu Urges The Youth To Be Standard Bearers of Corruption War

The acting Chairman of Economic and Financial Crimes Commission, Ibrahim Magu, has urged Nigerian youths to be standard bearers of the ongoing war against corruption in the country.
Magu also stated that the Commission would not compromise on its resolve to secure the future of Nigerian youths as well as unborn generations by ridding the country of corruption.
Speaking yesterday at The African Youth Leadership Roundtable Initiative at the National Arts Theatre, Iganmu, Lagos, the EFCC Chair lamented the fact that Nigerian youths today were at the receiving end of the negative effects of corruption.
In his keynote address entitled “Youth Action For Change”, Magu expressed the hope that the youth would “self-mobilise” to join hands in the fight against corruption and economic crimes.
Magu, who spoke through Garuba Dugum, Head of Operations, EFCC, Lagos, said: “But sadly, that is not the case from where I stand, surveying the Nigerian corruption landscape.
“At the EFCC, we have done a rough analysis of the corruption complaints that we receive and found out that over 60 percent of them are against people in the 17 to 50 age bracket, which I understand, is the ‘youth bracket.’”
According to him, the alleged offences being committed by youths cut across all permutations of crimes from advance fee fraud through corruption to money laundering.
He also lamented what he described as the “breadth of criminal imagination” that the youth deploy in scamming, looting and hiding the proceeds of crimes.
He, therefore, stated that “If only half of the energy and ingenuity were deployed in legitimate enterprises, Nigeria would have long been lifted out of the doldrums typical of a failing society. So, I see the inherent power of the youth. The question is, do they see themselves as possessing and being able to harness that power to turn things around? Rather than see and admire and want to be the next big thief, the owners of shiny cars and outlandish houses and jewelry, do the youth see for themselves a future devoid of corruption, a future where patriotism, hard work and diligence are the only valuable currencies of citizenship?

Armsgate: EFCC Tenders Evidence, Says Dokpesi Received N2.1bn from ONSA

The Economic and Financial Crimes Commission, EFCC, on Thursday, May 25, 2017 tendered in evidence details of correspondences between DAAR Investment and Holdings Limited, Office of the National Security Adviser, ONSA and Bureau of Public Procurement, BPP, to the effect that Raymond Dokpesi received money to the tune of N2.1billion from ONSA.
The documents were tendered by the anti-graft agency through Azonabor, who testified as PW5 in the trial of Dokpesi and DAAR Investment and Holdings Limited, who are facing a six-count charge relating to the sum of N2.1billion allegedly received from the ONSA between October 2014 and March, 2015 for the Peoples Democratic Party’s presidential media campaign.
Azonabor, an operative of EFCC, while being led in evidence by counsel to the EFCC, Rotimi Jacobs, SAN, informed the court of details of several letters originating from the EFCC in the course of investigating the alleged diversion of billions of naira meant for the purchase of arms by the ONSA under Col. Sambo Dasuki (retd).
“Sometime in 2016, a team of operatives under the directive of the Acting Chairman of EFCC was created in order to investigate, execute search, record statements, and analyze documents relating to the diversion of funds by the ONSA.
“In the course of our investigation, it was realized that a huge sum of money was paid into the account of DAAR Investment and Holdings Limited by ONSA.
“A letter was written from EFCC to ONSA requesting for details of the said payment. Consequently, ONSA replied that series of payments were made to DAAR Investment and Holdings Limited to the tune of N2.1billion.
“Thereafter, another correspondence was received by ONSA with the mandates and further details of payment attached”, Azonabor stated.
The three letters were tendered and admitted as Exhibit D1, D2 and D3.
The PW5 went on to explain that the investigating team further requested for more information from BPP to ascertain whether DAAR Investment and Holdings Limited had executed any contract for ONSA.
“BPP responded in a letter dated December 8, 2016 that no record of contract was made under the name DAAR Investment and Holdings Limited for ONSA. Hence, the contract was non-existent and as such there was no need for any monetary value for a non-existent contract”, he said.
The acknowledgement letter from BPP alongside the letter of enquiry from EFCC was tendered and admitted as Exhibit E1 and E2.
At this point, Jacobs drew attention of the court to Exhibit D1, noting that within a period of three months (that is, between January and March 2015), the sum of N2billion was paid to DAAR Investment and Holdings Limited and a letter of invite was placed to DAAR Investment and Holdings Limited who replied via its solicitor, Mike Ozekhome, SAN, clearly denying any business transactions with the ONSA.
But, Dokpesi’s lawyer, Kanu Agabi, SAN, countered him saying, “The EFCC had no case because the allegations were on DAAR Investment and Holdings Limited and not Dokpesi himself”.
The PW5, who was asked by Agabi to tell the court whether the report on the investigation dated December 5, 2016 made any mention of the defendant answered no.
However, he explained that the investigation was carried out in line with the diversion of funds meant for procurement of arms by ONSA and that, DAAR Investment and Holdings Limited was spotted as being one of the recipients.
The report was tendered and admitted as Exhibit F.
Thereafter, Justice Tsoho adjourned to July 6 - 7, 2017 for the continuation of trial.

EFCC Confiscates Properties And Bank Accounts Of George Turnah

The Economic And Financial Crimes Commission, EFCC, has taken over some bank accounts and properties traced to a former Special Adviser to Dan Abia, erstwhile managing director of Niger Delta Commission, NDDC, Mr. George Turnah . 

The confiscation was done on Thursday sequel to an interim forfeiture order granted the Commission by a Federal High Court sitting in Port Harcourt, Rivers State. One of the properties covered by the forfeiture order and which had been attached by the EFCC is a massive complete building known as “KOLO VILLA” in Kolo Town, Ogbia Local Government Area of Bayelsa State. Other properties will soon be attached.

It would be recalled that Justice Ibrahim Watilat granted the interim forfeiture order based on an application filed before the court by the EFCC's counsel, Adebola Olatunji. 

Turnah, together with seven companies, were arraigned on a 12-count charge bordering on obtaining by false pretense, money laundering and abuse of office to the tune of N3, 094, 268, 235.69( Three Billion, Ninety Four Million, Two Hundred and Sixty Eight Thousand, Two Hundred and Thirty Five Naira, Sixty Nine kobo) . The seven companies arraigned with Turnah are: El Godmas Global Servises Limited; Turnoil and Gas Nigeria Limited; Kolo Creek Petroleum Development Limited ; Celtic Pride Consult and Events; Yenagoa Mall, Adaka Boro Marine Services Limited and Sugarland Intergrated farms Nigeria Limited.

Court Remands George Turnah In Prison For N3bn Scam

Justice Ibrahim Watilat of the Federal High Court, sitting in Port Harcourt, Rivers State, on Wednesday dismissed an oral bail application made by a former Special Adviser to Dan Abia, erstwhile managing director of the Niger Delta Development Commissiom, NDDC, and ordered that he be remanded in prison custody
At the resumed hearing of the case on Wednesday, defence counsel, Prof. Amuda Kanika, SAN, made an oral application for bail for Turnah. According to Kanika, bail could be argued orally. Besides, " Turnah holds a privileged tittle of Member of the Order of Niger, MON, and would not jump bail". Justice Watilat refused to oblige the defence counsel's prayers and directed him to formally apply for bail for his client. He also ordered Turnah to be remanded in prison custody.
Turnah, together with seven companies, were arraigned on a 12-count charge bordering on obtaining by false pretense, money laundering and abuse of office to the tune of N3, 094, 268, 235.69( Three Billion, Ninety Four Million, Two Hundred and Sixty Eight Thousand, Two Hundred and Thirty Five Naira, Sixty Nine kobo) . The seven companies arraigned with Turnah are: El Godmas Global Servises Limited; Turnoil and Gas Nigeria Limited; Kolo Creek Petroleum Development Limited ; Celtic Pride Consult and Events; Yenagoa Mall, Adaka Boro Marine Services Limited and Sugarland Intergrated farms Nigeria Limited.
Justice Watilat adjourned the matter to 30 June, 2017 for hearing of bail application.

Court Adjourns Ex-Gov Nyame's N1.64bn Fraud Trial to May 25

The trial of a former governor of Taraba State, Jolly Nyame, continued before Justice Adebukola Banjoko, of the Federal Capital Territory, FCT High Court, Gudu, with his defence team presenting its third witness, Aminu Ayuba, on May 24, 2017.
Nyame is standing trial on a 41-count charge bordering on misappropriation of state funds to the tune of N1.64 billion while in office. He had earlier lost his "no case" submission and had to defend himself in court.
Ayuba, whose testimony began on May 22, 2017 under cross-examination by Olalekan Ojo, counsel for Nyame is currently the acting accountant general of the state. He had earlier given evidence relating to payment vouchers and documents marked exhibit O1.
At today's proceedings, his cross-examination continued with him testifying as to whether the processing of the documents underwent post-auditing.
After identifying the exhibit, Ayuba, told the court that "post auditing" was carried out on the documents.
"Every voucher raised for payment was usually examined by the regional auditor before payments are made and post auditing comes up at the end of a period, either a month, six months or annually," he said.
According to him, such post auditing was "to ensure that the internal auditors confirm the attachments to the payment vouchers".
He added that "post auditing is done after the compilation and computation by the office of the accountant general before it is sent to the office of the auditor general of the state for confirmation and certification before the accounts are published".
He further noted that the memo by the executive governor was the first attachment, while others are those acknowledging the payment and the payment vouchers.
Under further cross-examination by Ojo, he averred that since there were no queries raised by the office of the auditor general in the process of post auditing, "then everything is ok".
Identifying three published reports dated 2007, 2008 and 2009 detailing financial transactions in the state, he said, "All the reports all had the certification of the state's auditor general and indication that the published accounts have no problem."
While noting that no audit queries were raised on the documents, he said, "I actually found out from the accountant why they were not published, he simply said there was no political will to publish the accounts, but that they have been compiled and ready for publication."
However, under cross-examination by the prosecution counsel, Rotimi Jacobs, SAN, Ayuba was taken up on the accounts of the state for 2005 and 2006, which were not published, as well as his testimony of having been a civil servant for the past 20 years.
Under examination by the prosecution, he admitted to have been out of service between 2011 and 2014, contradicting his earlier statement that he had been in service for more than two decades without a break.
Ayuba admitted that he indeed contested for the House of Representatives under the platform of the Peoples Democratic Party, PDP, in 2011. He claimed that he won the election, "but I was not announced as the winner".
"I contested in 2011 but I was brought back to service in December 2014, so it is true, because I was reinstated and pardoned in 2014 and number of years I lost were merged," he added.
He also admitted that while in service, he never had anything to do with payment of salaries to the governor, commissioners, and permanent secretaries.
Jacobs, therefore put it to him that based on his testimony so far, "you're a politician coming here to help your colleague [Nyame] and you do not have a civil service that was not polluted by political influence".
Justice Banjoko, thereafter adjourned to May 25, 2017 for further cross examination of Ayuba by the prosecution.

N84.6m Fraud: EFCC Arraigns Operator of KSLEY Mega Vision Ltd

The Economic and Financial Crimes Commission, EFCC on Wednesday, May 24, 2017, arraigned Kingsley Ubenyi and his company, Ksley Mega Vision Limited, wonder Banker, before Justice A. M Liman of Federal High Court, Enugu on a sixty-two count charge bothering on illegal operation of a financial institution and obtaining the sum N84.600,000 (Eighty Four Million, Six Hundred Thousand Naira) from hundreds of victims.
The offence is contrary to section 44(1) of the Banks and other Financial Institutions Act, Cap B3, Laws of the Federation, 2004 and punishable under Section 44(2) of the same Act.
His arraignment came on the heels of hundreds of petitions from across the country alleging that he advertised and solicited for fund from the general public with the promise of 10% return on investment with his company which pretence he knew to be false.
Investigation carried out on his company by the Commission reveals that he was not registered nor given license to operate by the Central Bank of Nigeria, Security and Exchange Commission and the Nigeria Deposit Insurance Company, NDIC to solicit and manage funds for the public.
It was also revealed that billions of naira were deposited into his various accounts with FCMB, UBA, Diamond, First Bank, Heritage Bank, Fidelity, Skye bank among others which were often withdrawn purportedly for personal use.
He pleaded not guilty to all the count charge preferred against him.
In view of the accused person’s plea, the prosecuting counsel led by Barr. M Bello applied for a trial date but the defense counsel Barr. Ike Ozor on the other hand informed the court of a motion for bail.
In opposing the application for bail, prosecution posited that the accused may jump bail since he is not married nor had any child, an argument upheld by the presiding Judge who ordered that the accused be remanded in prison custody and thereafter adjourned the matter to 25th May, 2017 for hearing.
One of the counts read:
That you, Ubenyi Kingsley being the managing director of Ksley Mega Vision Limited and Juliana Ubenyi (now at large) on 16th May, 2016 at Enugu within the jurisdiction of the federal high court of Nigeria with intent to defraud obtained the sum of N15,000.000.00 (Fifteen Million Naira) from one Ugwu Uchanna John under the false pretence that you were going to invest it for him in the said company and to pay him a 10% monthly interest of the principal amount which you knew is false and thereby committed an offence contrary to section 1(1)(a) of the advance Fee Fraud and other Fruad Related Offences act, 2006 and Punishable under section 1(3) of the same Act.

Ex-PDP Chair, Bello Received N300m from ONSA by Proxy – Witness

Aliyu Mohammed Mukddas, a Senior Manager with the Central Bank of Nigeria, CBN, who is also a witness in the trial a former National Chairman of the Peoples Democratic Party (PDP) Haliru Bello on Wednesday, May 24, 2017 told Justice A. R. Mohammed of the Federal High Court, Abuja how Bam Projects and Properties, a company owned by former PDP chair, was paid N300million by the Office of the National Security Adviser, ONSA.

Bello and his son are on trial alongside their Company, Bam Project and Properties Limited, on a 4-count charge of money laundering preferred against them by the EFCC.

They were alleged to have collected N300million from the Office of the National Security Adviser, ONSA, being part of the funds meant to fight insurgency in the North-East of the country.

Testifying as PW6, Mukddas, who was led in evidence by counsel to the EFCC, O. A. Atolagbe, told the court that the narration on the payment mandate showed that the payment was given as "Safe Houses” which the amount was for N300million. Although, when asked by the prosecuting counsel if it is the duty of CBN to know if the contract was executed, the witness replied in the negative.

The witness, who was manager, between 2010 and 2015, gave details on procedures for payment to Ministries, Department and Agencies.

According to him, agencies would bring their payment schedule showing the date, name of the organization, amount in words/figure and details of beneficiaries. He added that the schedule must be duly signed by signatories of that organisation after which it would be brought by the confirmation officer.

“The confirmation would be done before us with his name, signature, date and thumb print”, he said.

The PW6 further stated that, “when the payment schedule is received, the CBN passes it for verification of signatories and also check account balance before it is passed for payment”.

When asked if he knows of an ONSA account, he told the court that, “it is an account managed by CBN and it is funded by Office of Accountant General of the Federation”.

According to him, “the account has two source of funding, sometime from office of the Secretary to the Government of the Federation (SGF) and mostly from the Accountant General of the Federation”.

Mukddas told the court that, “between 2012 and 2015, the main signatory to the account was Sambo Dasuki and also another signatory was the then Director Finance and Account S. A. Salisu, while the confirmation officer was Yazeed Ibrahim”.

The witness was shown Exhibit PL 5, which is one of the payment mandate paid and asked to explain the procedures followed in making payment to which he said, “the mandate in PL5 was brought from ONSA by Yazeed Ibrahim and he confirmed the mandate to us”.

He added that all due process was followed.
Asked by Atolagbe what he meant by all due process was followed; the witness replied that, “that means all signatories have signed, thumb printed, amount given in words and figures and that the confirmation officer have confirmed same”.

Justice Mohammed, thereafter, adjourned to July 5, 2017 for further hearing.

Court Grants Ex-NNPC Boss, Yakubu Leave to travel Abroad for Medicals

Justice A. R. Mohammed of the Federal High Court, Abuja has granted permission to a former NNPC Boss, Andrew Yakubu to travel to the United Kingdom for medical check-up.
Ruling on the application brought by Yakubu’s counsel, Ahmed Raji, SAN, Justice Mohammed said, “since the prosecuting counsel is not opposing the defendant’s motion dated 23rd May, 2017 seeking leave to be granted to the defendant to travel to the United Kingdom to continue treatment, the application is granted.”
The judge also agreed with the prosecuting counsel, Prince Ben Ikani, that the international passport of the defendant be released to his counsel in the interim adding that, “the leave is granted is for a period of three weeks commencing from May 25, 2017”.
Other conditions attached to the release of the passport are: “The defendant shall return to the country on or before the expiration of the three weeks granted; One of the sureties of the defendant shall file a separate affidavit to be liable in this case should the defendant refuse to return and take his trial; The same affidavit shall be filed before the international passport is released to the defendant’s solicitor; Upon his return from his medical trip, the learned counsel to the defendant shall immediately return the international passport to the chief registrar of the court”.
The case has been adjourned to July 6, 2017 for continuation of trial.
Yakubu’s troubles started on February 3, 2017, when operatives of the EFCC stormed a building belonging to the former NNPC boss and recovered a staggering sum of $9,772,000 (Nine Million, Seven Hundred and Seventy Two Thousand United States Dollars) and £74,000 (Seventy Four Thousand Pound Sterling) stashed in a huge fire proof safe.
Following the raid, Yakubu on February 8, 2017 reported to the Commission’s Kano Zonal Office where he admitted being the owner of both the house and the money recovered.
The offence breaches Section 7(4)(b)(ii) of the Advance Fee Fraud & Other Related Offences Act, 2006 and punishable under Section 7 (5) of the same Act.
He is currently facing a six-count charge of money laundering, non-disclosure of assets and fraud.

Absence Of Defence Counsel Stalls Agbele’s Trial

The absence of defense counsel in court on Wednesday May 24, 2017 stalled the corruption trial of Abiodun Agbele, an aide to Ekiti State governor, Ayodele Fayose, who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, on an 11 count charge of money laundering to the tune of N1.2 billion before Justice Nnamdi Dimgba of the Federal High Court sitting in Maitama, Abuja.
The money was said to be part of N4.7 billion allegedly transferred from the account of the Office of the National Security Adviser, ONSA, to the bank account of Sylvan McNamara (a company allegedly owned by the sons of Obanikoro) ahead of Ekiti State 2014 governorship election.
At the resumed trial today, the prosecuting counsel, Wahab Shitu, told Justice Dimgba that the matter was slated for further cross-examination of the PW1, Alade Sunday.
However, counsel to the 3rd defendant, Olalekan Ojo, drew the attention of the court to marked absence of the second defendant’s counsel, adding that as a matter of fundamental right, counsel to the second defendant ought to cross-examine the witness him.
“There is a second defendant on record which has the right to cross examine PW1 before the third defence counsel can be properly called upon to cross examine. I most respectfully refer your Lordship to Section 216 of the Evidence Act, 2011, which says if more than one defendant are charged at the same time, each defence counsel would be allowed to cross-examine witness by the prosecution.
“The second defence counsel has notice of today’s sitting, but he’s not in court. It would be recalled that, Mike Ozekhome, SAN, withdrew his appearance in this case orally before this court. Since then, there is no legal representation for the second defendant before your Lordship”, Ojo said.
Citing Section 349 of the ACJA, 2015, Ojo argued that where a counsel for a party is given leave to withdraw, notice should be giving to all parties, but in this circumstance, Ozekhome did not write to inform the court or any of the parties.
Responding, Wahab Shitu, counsel to the EFCC, urged the court to take notice of proceeding from inception saying, “there is a proper arraignment with pleas of all the defendants and all the defendants were represented by counsels”.
Citing Section 349 (8) of the ACJA, Shittu argued that, “there is no proper withdrawal of the second defence counsel in this matter”.
According to him, “a counsel is supposed to inform the court of his withdrawal three days before hearing, but no such notice was given before the court or prosecution”.
He said that Ozekhome failed to notify the second defendant for disengaging in the case and thus breach professional conduct.
Shitu told the court the action is a calculated attempt to delay trial and urged the court not to allow it.
After listening to the arguments, Justice Dimgba adjourned to July 3 - 4, 2017 for continuation of trial.

Lamido Corruption Trial: Court Adjourns to July 7 for Ruling on Motion

Justice Babatunde O. Quadri of the Federal High Court, Maitama, Abuja has adjourned to July 7, 2017 for ruling on a motion by the embattled former governor of Jigawa State, Alhaji Sule Lamido praying the court to return his case file to former trial judge, Justice Adeniyi Ademola.
Lamido, who is currently facing an amended 48-count charge of money laundering alongside his sons, Aminu Sule Lamido, Mustapha Sule Lamido; Aminu Wada Abubakar, Bamaina Holdings Ltd and Speeds International Limited, allegedly abused his position as governor between 2007 and 2015 by awarding contracts to companies where he had interest, using his two sons as fronts
In the course of his trial, Lamido had through his counsel, Offiong Offiong, SAN told the court that the Chief Judge of the Federal High Court, in transferring the criminal matter from Justice Adeniyi Ademola to Justice Quadri, had exceeded his powers.
According to Offiong, “The main challenge is not whether the CJ has powers to transfer cases. Rather, it is whether or not the CJ kept within the statutory boundary set out in Section 98 of the Administration of Criminal Justice, ACJA, 2015, before he exercised that power. There are conditions that are to be met before the CJ can transfer a criminal matter from one court to another.”
According to him, “the CJ did not keep within the bounds of that power; rather, he exceeded his powers and as such acted ultra varis.
He added that, “the law prohibits the CJ from exercising the power of transfer where witnesses have been called.”
Regarding the counter affidavit served by the prosecution, Offiong, opined that the prosecution did not follow proper procedure in complaining against the former trial judge, stating that, “If the prosecution is alleging bias against the former trial judge, the appropriate remedy would be to send a petition to the CJ, who in turn will constitute an independent body of not more than three reputable practitioners to look into it and give a report. In this case, the CJ’s power to transfer is subject to the outcome of that report.”
He urged the court to uphold his motion, stressing that the defendants have rights of freedom of representation, as well as a right to speedy trial, and that there should be no conflict between both rights.
Responding, prosecuting counsel, Chile Okoroma, insisted that the defence sought to “make the matter lie in limbo without progress while hiding behind the smokescreen of appearing to want a speedy trial”.
According to him, the defence was seeking a return of the case file to the former trial judge, Justice Ademola, as well as an order for accelerated hearing.
“My Lord, this court does not have the power and cannot grant the defendants the relief they seek. Only the CJ can do that”, Okoroma said.
Citing relevant authorities to establish precedence, Okoroma went on: “The defence relied heavily on Section 98 of the ACJA, 2015. However, provisions therein can only come into play in a proceeding where judge is sitting without intervening factors, and there are no issues as to likelihood of bias and the judge is not on suspension.
“In paragraphs 10 and 13 of our counter affidavit, facts presented are not controversial. It is important that the court takes judicious note of the fact that the former trial judge is still on suspension and his court under lock and key. As it stands now, the National Judicial Council, NJC, has not lifted his suspension, and the Honourable Justice is not sitting. Furthermore, there is no date available as to when he will resume.
“The independence and impartiality of the trial judge which is also emphasized in the constitution was also stressed by the defence counsel. The former trial judge and the defence’s lead counsel were tried together for corruption related cases. Though discharged and acquitted, issues have been raised of real likelihood of bias based on relationship between the judge and the counsel.
“Section 98 of the ACJA, 2015 is not sacrosanct in this regard. If the trial judge had resigned voluntarily or even died and witnesses had been called, the CJ cannot be barred from exercising his powers to reassign the matter”.

“The CJ exercised his powers during a period of suspension of the former trial judge and did not act ultra varis.”
“We oppose the defendant’s motion and urge your lordship to discountenance the defence’s application”, Okoroma submitted.
Justice Quadri, thereafter, adjourned for ruling on the motion.

Wilson Uwujaren
Head, Media & Publicity
May 24, 2017