THE Federal Government has urged the Federal High Court, Abuja to stay execution of its earlier order granted to former National Security Adviser Sambo Dasuki to travel abroad for medical treatment.
Former National Security Adviser, Sambo Dasuki
Counsel to the government Mr. Oladipo Okpeseyi (SAN) made the oral application yesterday at the resume of hearing of the case before Justice Adeniyi Ademola.
Okpeseyi told the court that the government had filed a notice of appeal at the Court of Appeal, Abuja against the court ruling.
He said the prosecution filed the motion pursuant to Section 169 of the Administration of Criminal Justice (ACJ) Act 2015.
The lawyer also disclosed that the prosecution had filed another motion before the court seeking to revoke the bail earlier granted to Dasuki.
The former NSA, who is facing charges of money laundering and illegal possession of firearms, had been granted bail on self- recognition.
Akposeyi said they were seeking the revocation of the bail to enable the prosecution to conclude investigation into the alleged crime.
The lawyer said if the defendant was kept in the custody of the Department of State Services (DSS), he would assist in the investigation process.
Akposeyi claimed that there was never a time the prosecution flouted the court’s order as it was claimed by the defence counsel.
Defence counsel Mr. Ahmed Raji (SAN) opposed the oral application.
He alleged that the prosecution flouted the order of the court by laying siege on his client’s residence and preventing him from travelling as ordered by the court.
Justice Adeniyi Ademola adjourned the case to December 8 for continuation of hearing.
Immediate past Chairman of the Economic and Financial Crimes Commission, (EFCC) Mr. Ibrahim Lamorde, may have been flown abroad for the treatment of undisclosed ailment, The Nation learnt yesterday.
EFCC Chairman, Ibrahim Lamorde
Lamorde, who was scheduled to appear before the Senate Committee on Ethics, Privileges and Public Petitions yesterday, failed to honour the invitation provoking wild insinuation that he had fled the country to evade Senate probe of the alleged diversion of N1 trillion leveled against him.
An activist, Dr. George Ubah, wrote a petition to that Senate claiming the Lamorde in his capacity as the EFCC Chairman diverted over N1 trillion recovered by the commission.
Lagos lawyer Festus Keyamo, who stood in for Lamorde, defended him.
Keyamo said, “He (Lamorde) is still a policeman, he has no reason to go on exile. Lamorde has served this country very well and let me tell you this if you don’t know. The only way to succeed as the chairman of EFCC is for you not to succeed at all.
“Lamorde is not here today, not out of disrespect to the committee. It is a matter of complete misunderstanding of issues at stake. When Lamorde was invited to this committee, he was invited as chairman of EFCC and between then and now circumstances had changed.
“He is no longer the chairman of EFCC. So, because of that, he thought that would be the end of his invitation because he was invited in that capacity.
“He then handed over the case and traveled for medicals. It was in his absence that the second letter came and addressed as the immediate past EFCC chairman. The fact that he is no longer the chairman, he can no longer be invited except as a witness.”
The Chairman of the committee, Senator Samuel Anyanwu, noted that Senate does not accept representation when it invites anybody to appear before it.
A member of the committee, Senator Obinna Ogba, wondered why Lamorde failed to live by example being a man who was a former boss of the anti-graft agency that usually invited people to appear before it.
He said the non appearance of Lamorde at the probe was an insult, and disrespect to the Senate.
Senator Tayo Alasoadura, who is also a member of the committee, said: “We are in a situation whereby people are showing their shamelessness.”
Alasoadura queried the capacity in which Keyamo was in the Senate being a lawyer to the EFCC “and the man he claimed to represent is no longer in office as chairman.”
The Chairman of the committee stopped Keyamo half way insisting that anybody could be invited by the Senate panel to come and give evidence.
What followed was hot exchange of words between Keyamo and members of the committee.
At end Anyanwu insisted that Lamorde should make himself available on November 24 notwithstanding the plea by Keyamo that his client would not be available until December 15.
Keyamo later told reporters that the committee was wrong to have insisted that Lamorde must appear before it.
He said: “The constitution is very clear as to those who can be subject to investigation by section 88, 89 of the constitution. By section 88, 89 of the constitution the Senate has powers over two categories of persons.
“The first are those who are subject of investigation. They can be summoned before the committee and the second are witnesses to appear in respect of that investigation.”
The Department of State Services has explained that it prevented the former National Security Adviser, Col. Sambo Dasuki (retd.), from travelling abroad for medical treatment because he refused to appear before a committee set up by the Federal Government to investigate a N2billion arms transaction by the Goodluck Jonathan administration.
Former National Security Adviser, Sambo Dasuki
The service stated that Dasuki was invited to shed light on his involvement in the arms procurement processes, but had consistently refused to honour the committee’s invitation.
The DSS, in a statement on Thursday by an official, Tony Opuiyo, accused the former NSA of grandstanding and blackmail.
The agency denied blocking Dasuki’s residence in violation of a subsisting court order granting him a relief to travel oversea for medical services, describing the allegation as “unfounded and malicious aimed at tarnishing the good image of the Service.”
The statement read, “It may be recalled that Dasuki was initially arrested and charged to court for unlawful possession of firearms and money laundering, for which reason his international passport was seized and on the order of the court, returned to the registrar for custody.
“What has however brought the seeming standoff between Dasuki and the Service, despite the court-ordered release of his international passport on November 4, 2015, is his refusal to appear before a Committee undertaking the investigation of an entirely different case.
“The public may wish to note that the government set up the committee to investigate procurement processes relating to a $2billion arms transaction by the last administration, under which Sambo was the NSA.
“It was on this premise that he was invited by the Committee to shed more light on his involvement in the deal. It therefore remains surprising and shocking that Sambo has refused to honour invitations of the committee but instead resorts to grandstanding and subtle blackmail of the Service.
“His refusal to appear before the committee has left the Service with no option than to adopt legal means to ensure his attendance.”
The service accused Dasuki of pulling all strings available to him to evade justice and put it in bad light, stressing that it was not persecuting him.
Give us evidence, ex-pension chief’s lawyer tells EFCC
A banker has told detectives how she ran five accounts used to perpetrate a N2bilion pension fraud in the Office of the Head of the Civil Service of the Federation.
Former Pension Reform Task Team chief Abdulrasheed Maina is wanted by the Economic and Financial Crimes Commission (EFCC) for the alleged pension fraud.
The EFCC is probing Maina’s alleged complicity in the operation of the accounts, following the confessions of Fidelity Bank Account Officer Toyin Meseke.
Besides, Meseke is said to have told the EFCC that Maina had been operating a safe deposit box with the bank.
EFCC’s investigators found that withdrawals from the five accounts were usually channelled through some bureaux de change to an account in Dubai, United Arab Emirates (UAE).
The bureaux de change are JIEK BDC, West Waves and Alnasara.
A document obtained by our correspondent identified the accounts as Cluster Logistics, Nafisatu Aliyu, Abdullahi Faizal, Kangolo and Drew Investment.
Meseke spilled the beans on how the accounts were managed by a suspected pension fraud syndicate.
Meseke said: “I managed Nafisatu Aliyu, Cluster Logistics and Abdullahi Faizal for Abdulrasheed Maina as soon as his brother, Khalid Aliyu, left the bank three years ago.
“Though all the three accounts do not carry Abdulrasheed Maina’s name but I carried out instruction on the accounts for him as explained to me by his brother that Abdulrasheed Maina owns all funds in the accounts before he resigned from the bank.
“He is not a signatory to the three accounts mentioned. He usually called me on my phone number -08057465698 – to carry out instruction on all the three accounts.
“And he also sent e-mail instructions through his email gajipeace@gmail.com to my personal email freshicekiddy@yahoo.com to carry out instructions. Thereafter, he would send someone to the bank to give me a form of regularisation on the transactions done on all the three accounts.
“Sometimes when it is getting too late to regularize, I would call to remind him and asked me to come to his house in Kado to receive the regularised cheques.
“Most time, precisely on two occasions, I received the already signed regularised cheques in an enveloped sealed at the gate of his house.
“On 3/10/14, Abdulrasheed sent an instruction to debit Cluster Logistics with the sum of N15, 870, 690 and credit to a Bureau De Change account (JIEK BDC). This amount was converted to US dollars for onward delivery to him. I don’t know, I cannot remember the USD equivalent.
“Also on May 2, 2014, Abdulrasheed Maina sent a mail carrying instruction that the sum of N33, 880,000 be debited from the same Cluster Logistics and transferred to a Bureau De Change (West Waves). This was converted by the BDC customer and delivered to him.
“He scanned and sent another instruction on May 6, 2014 to me to debit Cluster Logistics with N47, 500, 00 and credit to BDC Customer, West Waves BDC who converted and sent to him.
“On the transaction that took place on July 3, 2015 in Abdullahi Faizal, he (Abdulrasheed Maina) sent an e-mail that the account be liquidated and converted to US dollars (USD). So, I got a bureau de change customer to convert the sum of N108million for him.”
Regarding accounts opened in the names of Kangolo and Drew Investment, Meseke added: “I am not sure who the account officers are. Sometimes last year, I got to know that Abdulrasheed Maina owns these accounts. I have never initiated any transaction on these accounts.”
Meseke also confirmed that Maina was operating a safe deposit box with the bank.
She, however, said Maina has sole access to the box.
She added: “As for the safe deposit box, I got to know that Maina maintained a safe deposit box after I joined in 2011 when he came to access his box and that the box had been in existence before I joined the bank in 2008. The last time I saw him coming to access his box was in 2013 but I cannot remember the exact month.”
Yesterday Maina’s lawyer Mrs Esther Uzoma, said: “We are waiting for the amended charges which the EFCC said contained the allegations.
“The EFCC has been saying that Maina operated slush accounts but they have not shown us any evidence.”
In a statement on Tuesday in Abuja she said: “The EFCC should come clean on the matter of my client, Dr. Abdulrasheed Maina. When I appeared before His Lordship, Justice Kolawole on July 21, I made it clear that the EFCC was yet to file any charge as well as serve any summons on Dr. Maina.
“It is trite law that you cannot say an accused is on the run when there is no charge preferred against him or any invitation extended to him.
“During the hearing for the bail application, counsel to the EFCC, Mr. Rotimi Jacobs (SAN), wanted the court to direct me to produce Maina in court at the next sitting but I argued that there are clear procedures, which the EFCC is familiar with and should follow.
“Naturally, the court agreed with my submission on the position of law. Therefore, it is misleading for the EFCC in its statement of Monday to mislead the public that there exists an order for Maina to be produced in court when there is no invitation extended to him let alone a charge preferred against him by the commission.
There is no respite yet for former National Security Adviser (NSA) Col. Sambo Dasuki, despite being granted leave to travel out for treatment by a Federal High Court.
Former National Security Adviser, Sambo Dasuki
Security yesterday invited him for questioning over “fresh security matters” shortly after he left court.
But he told them to approach the court if there is any fresh allegation or security issue against him.
Former Adamawa State Governor Boni Haruna may have run into trouble pledge for standing surety for Dasuki.
Haruna was invited for a “chat” immediately he stepped out of the court premises after signing the bond.
It was gathered that the invitation was a follow-up to the assurance by Haruna that Dasuki will not jump bail.
But the development made Dasuki’s counsel to be curious about his clients.
Investigation by our correspondent revealed that the Federal Government was displeased by the decision of the court to allow Dasuki to travel out for three weeks when allegation of “treason” was still being investigated.
It was learnt that security men stepped in to look at “fresh security matter” against Dasuki.
The security men got in touch with Dasuki’s counsel Mallam Ahmed Raji(SAN) to produce his client.
A face-off appeared imminent last night as Dasuki insisted that the security should return to the court instead of inviting him if it had any issue against him.
There were indications that Dasuki may not be allowed to travel out until he honours the invitation.
A top source said: “Immediately after the court session, the security invited Haruna, who was the surety in line with the laid down conditions by the court, for interaction.
“They asked him why he went to court; whether he had foreknowledge of the likely ruling of the court and how did he emerge as Dasuki’s surety.
“Haruna simply told them that he only followed his friend to the court and when it was time to provide a surety he fitted into the bill.
“They asked him to produce his friend (Dasuki). They even followed him to Dasuki’s house in a car.
“But Dasuki asked: “Why will they see me? Why are they inviting me again? Why can’t they approach the court if there are new charges against me?
“They called Dasuki’s counsel (Raji) to produce his client to ‘come and clarify another matter’. They were not forthcoming on what exactly it is but when Raji got in touch with Dasuki, he insisted on due process through the court.”
Justice Adeniyi Ademola of the Federal High Court, Abuja granted Dasuki’s request to travel abroad on health ground.
But, the court directed him to provide a surety, who will be held responsible, if he did not return to on the next adjourned date.
In the alternative, it also ordered his lawyer to write undertaking to produce him on the next hearing date. Dasuki claimed to be suffering from cancer.
He is standing trial on a five-count charge of laundering about N84million and illegal possession of firearms.
He had applied to the court to travel to the United Kingdom, for three weeks to attend to his health. But the prosecution led by the Director of Public Prosecution of the Federation (DPPF), Muhammad Diri, opposed Dasuki’s application because he could abscond since there was no condition attached to his bail.
Upholding the applicant’s request, Justice Ademola agreed with his counsel Joseph Daudu (SAN) that likelihood of the prosecution filing fresh charges could not be a ground to deny the application that will allow the accused attend to his health and be fit for trial.
The judge acknowledged the receipt of a letter appointment Dasuki tendered to convince him that he was billed for treatment in the United Kingdom.
Dasuki, he said, could choose whether to be treated in the country or abroad.
“More importantly, every citizen of Nigeria has the right to choose which medical facilities he or she wishes, whether in this country or overseas. The ill health of a defendant is a very paramount consideration in granting bail let alone when operating as special circumstances”, Justice Ademola said.
To allay the prosecution’s fear, the judge attached new conditions to Saraki’s bail. The judge had.
Under the new conditions unveiled by the court yesterday, Dasuki was directed to produce a surety, who must swear to an affidavit that he is ready to go to jail if the accused absconds, and until he is re-arrested.
Alternatively, the judge said the senior lawyer representing Dasuki on record, should sign an undertaking to produce his client in court on the next hearing date.
The judge directed Dasuki to return his travel documents to the court’s registrar within 72 hours on his return home. He adjourned to November 26 for continuation of proceedings and ruling on the prosecution’s application for secret trial.
After several days of extended interrogations, the Economic and Financial Crimes Commission will today arraign the former Benue State Governor, Mr. Gabriel Suswam, for money laundering and embezzlement.
Governor Suswam
The arraignment of Suswam, who ruled Benue State from 2007 to 2015, follows the filing of a nine-count charge largely bordering on money laundering to the tune of N3.1 billion against him at the Federal High Court Abuja on October 2.
Suswam and his former finance commissioner, Omodachi Okolobia were alleged to have diverted the proceeds of the sale of shares owned by the Benue State government and Benue Investment and Property Company Ltd.
The offence is punishable under section 15(3) of the Money Laundering (Prohibition) Act 20111 as amended in 2012.
It will be recalled that in a bid to set the stage for the prosecution of Suswam, the commission grilled him and his former finance commissioner, Mr. Omadachi Oklobia, for many days last month but released them on administrative bail.
The two men, it was learned from their interrogators, were shown documents relating to the alleged crimes preferred against them and they were asked to defend themselves to enable the commission to determine their culpability or otherwise.
A source in the agency confirmed, last night, that the commission was convinced that the former governor and those who aided him to lauder the funds of the state must be charged to court.
The source said: “Barring any last minute hitch, the Economic and Financial Crimes Commission, EFCC, will formally arraign the former governor of Benue State,Gabriel Suswam before an Abuja Court tomorrow, November 4, 2014.
“The anti-graft agency had on Monday, October 2, 2015 filed a nine-count charge bordering on money laundering to the tune of N3.1 billion at a Federal High Court, Abuja.”
While Suswam is facing the trial by the EFCC, he had successfully stopped his probe by the state governor, Samuel Ortom, by securing the order of the Benue State High Court to restrain the commission of enquiry raised by the governor from investigating his tenure.
It is not clear if Suswam will also get the same court to restrain the EFCC from proceeding with his trial.
A former Governor of Akwa Ibom State and incumbent Senate Minority Leader, Godswill Akpabio, was on Friday arrested by the Economic and Financial Crimes Commission, EFCC.
Akwa Ibom State Governor, Mr. Godswill Akpabio
PREMIUM TIMES investigation shows that Mr. Akpabio was taken in by EFCC operatives at about 5.20 pm.
He was said to have been accompanied a few aides and a Senior Advocate of Nigeria, SAN, Ricky Tarfa.
An aide to the former governor, who cannot be named because he is not authorised to speak on the matter told PREMIUM TIMES that Mr. Akpabio is currently being interrogated by top officials of the EFCC.
An EFCC source confirmed the development.
“He was brought in at about 5.20 pm accompanied by a few aides and Mr. Rickey Tarfa,” the source said.
“It is not yet known whether he will be allowed to go this night. It depends on how the interrogation goes.”
The spokesperson for the EFCC, Wilson Uwujaren, did not answer or return calls seeking comment for this story.
The EFCC had begun investigation into alleged theft of N108.1billion of Akwa Ibom funds by the former governor in June.
The action followed a petition forwarded to the commission by an Abuja-based lawyer and activist, Leo Ekpenyong.
Mr. Ekpenyong had on June 8 petitioned President Muhammadu Buhari and the EFCC, calling for Mr. Akpabio’s probe and accusing him of looting Akwa Ibom state treasury.
Investigations by PREMIUM TIMES showed that several other indigenes of the state who are demanding the investigation of the former governor, have been invited by the EFCC to adopt their petitions.
On his part, Mr. Ekpenyong was summoned on Wednesday, June 17, to adopt his petition and provide more details to some of the allegations he made against Mr. Akpabio.
The former governor, now senator, was elected in 2007, at a time the nation enjoyed robust oil revenue.
Akwa Ibom and Rivers States are Nigeria’s largest oil-producing states. The two states alternate as first and second top producers periodically.
The two states receive the highest funds allocation from the Federation Accounts Allocation Committee, FAAC, monthly.
Data from the National Bureau of Statistics and the office of the Accountant General of the Federation indicate that under Mr. Akpabio, known for ostentatious spending, Akwa Ibom received a staggering N1. 6 trillion from FAAC between June 2007 and May 2014.
At the time he vacated office on May 29, the state received more, excluding other revenues like Ecological Funds, internally generated revenue etc.
In a new petition to the EFCC dated June 22, and copied to Mr. Buhari and the Inspector General of Police, Solomon Arase, Mr. Ekpenyong gave details of some of Mr. Akpabio’s alleged financial recklessness.
He alleged that between January and December 2014, the ex-governor colluded with two of his top aides to steal a whopping N108.1 billion from the state’s treasury.
Mr. Ekpenyong told the EFCC that the former Government House Permanent Secretary, Etekamba Umoren, and the former Accountant General of the state, Udo Isobara, colluded with Mr. Akpabio to steal the funds.
“Between January –December 2014, it is on record that the trio of Godswill Akpabio, Mr. Etekamba Umoren and Mr. Udo Isobara, made illegal but substantial withdrawals of cash from a designated state government-owned account with Zenith Bank with account number: 1010375881 amounting to N22.1 billion,” he stated in the petition.
“It is worthy of note that reasons for such ungodly cash withdrawals against financial regulations and due process laws range between sundry use and unjustifiable expenditures by Godswill Akpabio and his numerous surrogates and proxies.
“For example, a whopping N18 billion was withdrawn fraudulently from the state FAAC account with the United Bank for Africa in trenches of N10 million and above by Mr. Isobara in a surreptitious manner to conceal their dishonest intention.”
For assisting Mr. Akpabio retire billions of the stolen funds, Mr. Ekpenyong said Mr. Umoren was rewarded with an appointment as Government House chief of staff and now secretary to the state government under Udom Emmanuel’s administration.
The legal practitioner went on to state that over N50 billion of Akwa Ibom funds were spent by the former governor during the last general elections.
During the period under review, he said Mr. Akpabio also withdrew a whopping N18 billion from the state coffers under the guise of special services, reception of very important guests and sundry items.
“The cumulative aggregate of these monies stolen by Godswill Akpabio from the coffers of government as pocket money is the annual budget of some states in Nigeria put together,” the petition reads.
He listed the bouquet of assets acquired by the former governor through surrogates to include a multi-billion naira mansion at Plot 5 Okogosi Spring Close, off Katsina-Ala Crescent, Maitama-Abuja, a multi-billion naira mansionette at Plot 28 Colorado Close, Maitama, Abuja and another multi-billion naira mansion at 22 Probyn Road, Ikoyi, Lagos.
Others include a multi-billion naira mansionette at Plot 23 Olusegun Aina Street, Parkview, Lagos and a multi-
billion naira 25 storey building at Akin Adesola Street, Victoria Island, Lagos.
“As earlier promised, more details of assets and graft-related funds illegally and fraudulently siphoned from Akwa Ibom State treasury and laundered to foreign destinations are in the offing. As usual, we will do the needful.
An EFCC source said senior officials of the commission held discussions with Mr. Ekpenyong on the petition on Tuesday.
“He also adopted the petition he forwarded to the commission and provided additional details about the alleged stealing of funds by the former governor,” the source said.
The source noted that many of those who have sent petitions to the commission against the former governor, now senator, have already been invited to adopt their document.
He confirmed that very soon the commission would invite the former governor for questioning.
Allegations, complete falsehood
Mr. Akpabio could not be reached for this story. Messrs Umoren and Isobara could not also be reached for comments.
But the commissioner of information during the administration of Mr. Akpabio, Aniekan Umana, described the contents of the petition by Mr. Ekpenyong as falsehood taken too far.
He said the petition betrayed a lack of understanding of the workings of government.
“Every sum withdrawn from a government account is tied to a subhead and there must be a budgetary provision. To attribute fraud to withdrawals which had the full sanction of Government and was accommodated in the budget is strange, mischievous and untenable. More so, when one understands that there are checks and balances which guide all aspects of government financial administration,” he said.
He also said the allegation that the State Government spent N50 billion on the March General Elections falls flat on its face based on his explanations of the workings of government as regards financial transactions.
“There was no such provision in the budget of this year and such an amount could not have been paid as an extra-budgetary expenditure and yet salaries and other commitments were met. We challenge the petitioners to provide proof to support this wild allegation. Who was it paid to? How was it paid? Where was it paid? And when was it paid?
“Senator Akpabio does not own a 25-storey building in Victoria Island or in any part of the world, as alleged by the petitioner. It is also a patent falsehood that the house at 22 Probyn Road, Ikoyi belongs to Senator Akpabio.
It is a rented building which ownership can be verified from Lagos State Lands Registry.
“Senator Akpabio does not own the properties mentioned in the petition to belong to him. You can verify the ownership of the properties (5 Okokosi Close, Maitama and Plot 28 Colorado Close, Maitama) from the land registry in Abuja,” he said.
He also denied the state received over N2 trillion as oil allocation.
“Please do note that the idea that the Akwa Ibom State Government received over N2.5 trillion in the eight years of the Akpabio administration is an outrageous lie. What this suggests is that the State Government received an average of N26 billion monthly for the period. What a lie! From published accounts of disbursement from the Federation Accounts, Akwa Ibom State never received up to N26 billion in any month throughout the period.
Note that in some months like the April and May, 2015, Akwa Ibom State received about N8 billion
Former Minister of Petroleum Resources Mrs Diezani Alison-Madueke will not be able to leave the United Kingdom (UK) until April, next year, The Nation learnt yesterday.
Alison Madueke
That is when the investigations into allegations against her are expected to have been concluded, Judiciary sources said.
She is expected to be arraigned before the magistrate for alleged money laundering and bribery,
Mrs Alison-Madueke was arrested last week along with four others by the United Kingdom’s National Crime Agency (NCA).She was granted bail. Her international passport was, however, seized.
On Monday, the London Westminster Magistrate’s Court on Marylebone Road approved the holding of the £27,000 cash seized from her, following an application brought by the NCA under the Proceeds of Crime Act in the UK.
The court also ruled that the cash can be held for six months – till April, next year when she is expected to be arraigned after investigations.
It was learnt yesterday that the court also granted the order that she should remain in London while investigations last.
Mrs Alison-Madueke will only be able to travel after an application has been brought before the court and approved.
She had previously denied any wrongdoing when it was alleged that $20b of oil money had gone missing when she was in office between 2010 and 2015
The NCA, which leads the UK law enforcement’s fight to cut serious and organised crime, is working in league with the Economic and Financial Crimes Commission (EFCC) in the probe of the former minister.
Last Friday when Mrs Alison-Madueke was arrested in London, her Abuja home was raided by the EFCC.
The NCA has national and international reach and the mandate and powers to work in partnership with other law enforcement organisations to bring the full weight of the law to bear on serious and organised criminals.
The Proceeds of Crime Act says: “The Proceeds of Crime Act 2002 (“POCA”) sets out the legislative scheme for the recovery of criminal assets with criminal confiscation being the most commonly used power.
“Confiscation occurs after a conviction has taken place. Other means of recovering the proceeds of crime, which do not require a conviction, are provided for in the Act, namely civil recovery, cash seizure and taxation powers.
“The aim of the asset recovery schemes in POCA is to deny criminals the use of their assets, recover the proceeds of crime and disrupt and deter criminality.”
The immediate past Minister of Petroleum Resources, Diezani Alison-Madueke, was on Friday arrested in London, PREMIUM TIMES can exclusively and authoritatively report.
Alison Madueke
The former minister, who was one of the most powerful officials of the President Goodluck Jonathan administration, was arrested Friday morning alongside four other people by the UK National Crime Agency.
The identities of the four other people arrested along with her could not be immediately ascertained.
PREMIUM TIMES learnt she was arrested for offences related to bribery and corruption being investigated by the UK National Crime Agency.
Two top British officials in London have confirmed the development to this newspaper. They requested not to be named because they had no permission to speak on the issue.
When contacted, the British High Commission in Nigeria confirmed that some arrests were made Friday but declined to disclose the identities of those involved.
Joseph Abuku, Press and Public Affairs Officer, said, “This morning, five people between the ages of 21 and 60 were arrested on suspicion of bribery and corruption offences. The crimes are being investigated by the National Crime Agency.
“The National Crime Agency does not confirm identity at arrest nor provide information that could be used to corroborate the identity of an arrested individual.”
It is not clear whether the former minister was arrested based on request from the Nigerian government.
President Muhammadu Buhari had on September 27 hinted that those who misappropriated billions of naira belonging to Nigeria’s state oil company NNPC, would soon be prosecuted.
Mr. Buhari said at a meeting with President Xi Jinping of China in New York that his administration was determined to fully sanitize Nigeria’s oil industry and make it totally free of corruption and shady deals.
The President did not, however, say how soon the prosecutions would start or if indeed investigations had been concluded and whether culpable individuals had been identified.
The NNPC under the immediate past administration of President Goodluck Jonathan was involved in several shady deals, many of which have been cancelled by the present government.
However, Mrs. Alison-Madueke, accused of several corrupt dealings, has stayed away from Nigeria since Mr. Buhari was sworn-in as president.
The Economic and Financial Crimes Commission on Thursday declared wanted the man managing Senate President Bukola Saraki’s property company, Mr. Kennedy Izuagbe, for alleged N3.6bn money laundering.
Bukola Saraki
Izuagbe, managing director of Carlisle Properties and Investment Limited, a firm said to be owned by Saraki, was alleged to have conspired with others to launder the said amount while he was the Managing Director of the defunct Societe Generale Bank.
The Deputy Director in the office of the Attorney-General of the Federation, M.S. Hazzan, had, in charges filed against the Senate President, said he owned Carlisle Properties Limited.
The Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren, said in a statement on Thursday that Izuagbe, a 45-year-old banker, was declared wanted because he could not be reached by the anti-graft agency.
Uwujaren said that Izuagbe, a native of Iviukhua village, near Agenebode, in the Etsako Local Government Area of Edo State had fled the country.
He said, “Kennedy Izuagbe, a former director of Societe Generale Bank Nigeria Plc and Managing Director of Carlisle Properties and Investment Limited, has been declared wanted by the Economic and Financial Crimes Commission.
“Izuagbe, 45, who is being investigated in a case of conspiracy and money laundering to the tune of over N3.6 bn, has gone into hiding and all efforts to reach him have proved abortive.
“He is linked to the several shady deals and gross financial misconducts that took place in the bank, in which several millions of Naira were granted as loan without due diligence.
“The suspect, who is believed to have fled the country, is a native of Iviukhua village, near Agenebode, Etsako East Local Government Area of Edo State.”
He urged the members of the public with information on the whereabouts of the wanted banker to contact the EFCC offices in Lagos, Abuja, Port Harcourt, Gombe and Kano or the nearest police station.
Meanwhile, the Senate President on Thursday dragged the Code of Conduct Bureau and the Code of Conduct Tribunal to court in a bid to stop his arraignment for alleged false assets declaration on Friday (today).
Saraki, in an exparte motion filed at a Federal High Court, Abuja, asked the court to stop the Federal Ministry of Justice, the CCB and the tribunal as well as a director in the office of the Attorney General of the Federation, M. S Hassan, from taking any further step at the CCT pending the hearing and determination of the substantive suit he filed before the court.
Hassan, in a 13-count charge filed at the CCT on September 11, had among others, stated that Saraki made anticipatory asset declaration of a house in Ikoyi in his asset declaration form he submitted to the CCB in 2003.
Saraki was said to have declared that the said house was possessed through Carlisle Properties, the company headed by Izuagbe, who was declared wanted on Thursday by the EFCC.
In his exparte motion, the Senate President is praying the court to declare that the Ministry of Justice has not complied with the provision of the 3rd Schedule of Section 24(1) of the Code of Conduct Bureau and Tribunal Act to act before proffering a charge against him.
Arguing the motion on behalf of the senate president, Mahmud Magaji (SAN), said based on the provision of Section 24 of the CCB and CCT Act, Saraki’s prosecution before the CCT ought to have been initiated by the Attorney General of the Federation or any officer directed by the AGF.
He argued that, “In the absence of any subsisting AGF in the time being, this court has the jurisdiction to direct parties to maintain status quo pending the hearing of the motion on notice.”
He argued further that since there was no subsisting AGF, the charge against him by the official of the Federal Ministry of Justice before the CCT is void as the provisions of section 24 (1) of the CCB and the tribunal was not complied with.
Justice Ahmed Ramat Mohammed, in a ruling in his chamber, summoned the chairmen of the CCB and the CCT to appear before him on September 21, 2015 to show cause why they should not be restrained from arraigning Saraki.
The judge ordered that the respondents in the motion should be served with all the court processes, including the motion on notice for the interim order or injunction and motion exparte, and that the hearing notice should be served on all the respondents.
The order, the judge held, was made pursuant to the provision or Order 26 Rule 10 of the Federal High Court (Civil procedure) Rules 2009.
The other allegations contained in the suit filed at the CCT against Saraki include alleged failure to declare property on Plot 2A, Glover Road, Ikoyi, Lagos; failure to declare property on No. 1, Tagus Street, Maitama, Abuja (Plot 2482, Cadastral Zone A06, Abuja) and failure to declare property No.3, Tagus Street, Maitama, Abuja (Plot 2481, Cadastral Properties Limited).
Others are claiming to own property on No 42 Gerard Road, Ikoyi and earning N110, 000,000.00 per annum at a time the said property was under construction; failure to declare N375m GTB loan converted to 1.5m Pound Sterling and used to purchase property in London; operating a foreign bank account; transfer of $3.4m from GTB to foreign bank account during his tenure as governor and failure to declare leasehold interest in No. 42, Remi Fani-Kayode Street, Ikeja.
Few days after being accused of refusing to remit over N2tn said to have been seized from corrupt public officeholders, the Economic and Financial Crimes Commission has been linked to another scandal following the revelation that the commission recovered over N1.7bn from 15 companies for the Federal Inland Revenue Service but failed to remit same to the agency.
EFCC Chairman, Ibrahim Lamorde
Several calls, e-mails and SMS to the spokesperson for the EFCC, Mr. Wilson Uwujaren, for response on Saturday, were not replied.
The Chief Executive Officer, Panic Alert Security System, Mr. George Uboh, while appearing before the Senate Committee on Ethics, Privileges and Public Petition on August 26, had disclosed how the Chairman of the EFCC, Ibrahim Lamorde, allegedly short-changed Nigeria of over N2tn.
But Uboh, in an interview with journalists in Abuja on Saturday, said the over N1.7bn recovered from 15 companies was “over-due taxes on behalf of FIRS.”
He alleged that the money was not remitted to the agency, saying, “FIRS in its submission denied receiving any payments/transfers from EFCC in respect of the said companies.”
Documents Uboh made available to journalists showed that the funds were recovered between 2010 and 2011.
The security expert said members of the public interested in getting details of his earlier N2tn seized by EFCC but unremitted to government should download the documents from his website: www.pasecng.com.
The petitioner also expressed his readiness to expose the country’s former presidents, vice presidents, current and ex-governors as well as the current administration over numerous shady practices.
“EFCC has been the house of refuge where looters hide. I want to demystify EFCC”, Uboh stated.
The breakdown of the N1,767,594,842.65 said to have been recovered by the EFCC and list of the 15 companies include Zakhem Construction Limited — N401m; Daewoo Nigeria Limited — N208m; WAPCO — N311m; Mikano International Limited —N16m; Protea Hotel, Apo Apartments — N10m; Reiz Continental Hotels — N32m; Coscharis Motors Limited — N130m; and Elizade Nigeria Limited — N555m.
Others are ITCC Technical Limited, Kaduna — N47m; Grand Ibro Hotel, Abuja — N14m; Efab Properties, Abuja — N19m; Le Meridien Hotel, Port Harcourt – N10m; Northern Nigeria Flour Mills Plc – N2.7m; Ni’ Ima Guest Palace – N2.8m; and Okomu Oil Palm Plc – N5m.
•Security agencies probe purchase of mobile stages •How NNPC secret account was used
Security agencies are now probing how the administration of former President Goodluck Jonathan allegedly withdrew $6.9million (N1.460b) from a secret account of the Nigerian National Petroleum Corporation(NNPC) to buy three 12 meter (40 feet) mobile stages for use at public events.
President Jonathan
The cash was said to be part of the unremitted funds into the Federation Account by NNPC.
The purported purchase, according to investigation, did not pass through due process and was known only to Dr. Jonathan, his then Chief Security Officer, Mr. O.J. Obuah and former Petroleum Minister Diezani Alison-Madueke.
Obuah, it was gathered, raised a memo to his boss for the purchase and the release of the money to that effect.
Jonathan allegedly gave his approval and authorized the former minister to disburse the fund.
Shedding light on how the deal was struck on October 17, 2011 through a curious memo from Obuah, a source familiar with the development said preliminary investigation suggested that there was no record of purchase of the said stages.
It was learnt that the $6.9million was paid into a company’s account after NNPC directed that the money be taken from one of its accounts in New York CITIBANK with sort code CITIUS 33, and Routing number 021000089.
The affected company, J. Marine Logistics Limited, Abuja, was purportedly registered by Obuah.
The source said: “Between himself, his Chief Security Officer and the former Petroleum Minister, former President Goodluck Jonathan spent in just one shot deal a whopping $6.9 million dollars to buy three 40-feet mobile stages for use at public speaking events.”
Federal government investigators and security agencies, sources added, believe this is just one of the tons of alleged corrupt practices frequently engaged in and condoned under the last president.
“Besides the fact that the sum for the stages was incredibly inflated, according to mobile stage industry experts, government investigators say there is no evidence yet that any stage was purchased at all,” one source said, citing several documents.
One of the documents says: “At the centre of the fraudulent financial ring was the former Chief Security Officer (CSO) to President Goodluck Jonathan, Mr. O.J. Obuah who initiated a memo to the former president on October 17, 2011 asking for the purchase of three mobile stages.
“He said in that memo to the former president that this is regarding “my earlier discussion with Your Excellency on the security implication of your public appearances and your subsequent directive on the need to procure a secured presidential platform.”
“And on the same day without any financial advice or purchase order reviews, the former president minuted his approval of the request to buy the three stages to the then Minister for Petroleum Resources, Mrs Diezani Alison-Madueke.
“In his minute, the president said ‘we have discussed this, please deal.”
“Right after that okay from the president, on the same October 17, the Senior Special Assistant to the President on Administrative Matters, Matt Aikhionbere did another letter on the strength of the president’s approval requesting the Petroleum Minister to take action on the request to purchase the stages for $6.9m.
“By the next month, an NNPC payment voucher number 3840336 was already in place revealing that the money was released. NNPC directed that the money be taken from one of its accounts in New York CITIBANK with sort code CITIUS 33, and Routing number 021000089.
“It was first routed from the US bank to an NNPC account in Zenith Bank account number 5000026593, Maitama branch in Abuja, from where the money was sent to a private account. The sum of $6.9m was then credited to a Sterling Bank account of one J. Marine Logistics Limited, Abuja, a company investigators say was registered by Obuah.”
Responding to a question, the source said: “The $6.9miilion in question was promptly paid on November 29, 2011 into a private account belonging to the former CSO.
“The former president approved the procurement of the mobile platforms without due process and bye-passing the Procurement Act neither was there an appropriation in the 2011 budget for such facility.
“Neither the minister of Finance nor the Director-General of the Budget Office was aware of the deal.
“There are no records of this purchase which was carried out late 2011.”
The preliminary findings also indicated that the cost of the stages might have been inflated.
The source said: “According to the investigators, the cost of mobile stages depends on size and designs; only outlandish rock star musicians in Europe and the US spend hundreds of thousands on their huge stages way bigger than the 40-feet stages.
“Even then, those musicians and super stars would not pay over $2m per stage, according to industry sources.
“The process of procurement of the three mobile stages was not known to extant Nigerian laws and due process regulations, nor were the offices of the Auditor-General and the Accountant-General in the know.”
It was learnt that the deal was one of the issues for which the ex-CSO was grilled quizzed by the Department of State Security(DSS) during his recent arrest and detention.
One of the officials handling the investigation added: “ The CSO himself according to investigators has not been able to show proof of the purchase and his memo irked his bosses at the SSS that he took the initiative to request for the stages, an action which officials say was way above his pay grade.
“It is not the duty or responsibility of the CSO to make the determination on that purchase. He was meant to have informed the service, which will then review the situation and act accordingly.
“What has happened here is that the former president and the former minister with the collusion of the CSO decided to use public funds for other purposes since no one has found the stages as we speak.”
“This is just one of the several instances where the Jonathan administration used secret NNPC accounts to fund questionable projects and for alleged personal financial aggrandizements.”
It was gathered that some of these embarrassing issues were part of the matters raised by Jonathan with the National Peace Committee headed by the former Head of State, General Abdusalami Abubakar.
The committee later facilitated a secret parley between President Muhammadu Buhari and ex-President Jonathan.
But at the session, Buhari insisted that the law must take its course with anyone found guilty of corruption.
At the June 29th meeting of the National Economic Council at the State House, the council had raised questions over the non- remittance of the finances generated by the NNPC into the Federation Account.
The probe of the Chairman of the Economic and Financial Crimes Commission, Ibrahim Lamorde, commenced as scheduled on Wednesday with his accuser telling the Senate that the EFCC boss gave out properties recovered from looters to siblings and friends.
EFCC Chairman, Ibrahim Lamorde
George Uboh, the man who petitioned the Senate against alleged diversion of N1tn recovered funds by the Federal Government, in his oral submission before the Senate Committee on Ethics, Privileges and Public Petitions, said that his interaction with ex-Bayelsa State Governor Diepreye Alamieyeseigha showed that the amount recovered from the former governor was far more than what the EFCC declared in its reports.
“We have evidence of how Lamorde has been giving out some of the choice seized property and assets to some of his siblings, especially Usman, and we are ready to produce necessary evidence at the appropriate time,” Uboh told the Senate committee.
He also explained to the committee how the incumbent Governor of Bayelsa State, Seriake Dickson, was allegedly intimidated by the EFCC under Lamorde to stop a legal process initiated to recover the shortfall of Alamieyeseigha’s money by the Bayelsa State government.
He urged the committee to compel the EFCC to remit N2.051tn to the Federal Government, while Access Bank Plc should be compelled to produce the commission’s “complete and unadulterated” statements from 2004 till date.
He also asked the Senate to invite Aminu Ibrahim and co, a firm of auditors, to appear before it to shed light on discrepancies.
He said that contrary to the provisions of Section 36 of EFCC (Establishment) Act of 2004, the anti-graft agency failed to remit over N1tn, alleging that the summary of EFCC’s monetary recovery from March 2003 – March 2013 was N497.385bn and that the agency did not mention where the amount was remitted to.
He also said that the letter written by the EFCC to the Chairman, House Committee on Drugs, Narcotics and Financial Crimes, in 2012 stated that the aggregate recovery from 2004 to 2011 was N1.326tn without details of remittances.
He said, “How can recovery for eight financial years be more than recovery for 11 financial years by over N800bn when the eight financial years are subsumed in the 11 financial years? Why do recovery for the same years differ on different reports?
“It should be noted that the two documents submitted were prepared under the chairmanship of Lamorde.
“Compare the first two submissions emanating from EFCC. The 2011 submission is over N800bn higher than the 2013 submission despite two additional years of naira recovery in the 2013 submission.
“Based on the records, because EFCC has not been able to account for over N800bn, EFCC manipulated the above records and grossly understated recovery in order to conceal the fraud.”
The Senate committee refused to hear the legal team sent by Lamorde on the grounds that the EFCC boss had earlier requested and granted more time before appearing before the panel.
The EFCC team was led by the Director of Legal Services of the anti-graft agency, Mr. Chile Okoroma. Okoroma came in company with Lamorde’s personal lawyer, Mr.Osuagwu Ugochukwu.
They walked into the venue of the meeting about one hour into the commencement of sitting.
The EFCC lawyer had asked for permission from the panel to react to Uboh’s submissions even as he expressed reservations over the decision of the committee members to listen to Uboh without the representatives of the anti-graft agency in attendance.
Members of the committee, especially Senators Dino Melaye and Rafiu Ibrahim, objected to Okoroma’s observation and queried his right to dictate to the panel on how to carry out its assignment.
The chairman of the committee, Senator Samuel Anyanwu, consequently read a letter from the EFCC, seeking the permission of the upper chamber to appear at a later date when its comprehensive annual audit report would have been received from KPMG, an audit firm.
Anyanwu said the committee would not attend to any submission from Okoroma and his team because they were not being expected.
He therefore asked the legal team to excuse the committee to enable it to conclude with the petitioner before determining when Lamorde would be invited to respond to the allegations.
Okoroma and Ugochukwu, however, told our correspondent outside the committee room that they appeared before the panel because the committee was silent on the EFCC letter requesting an extension of time to appear before it.
Okoroma said, “The procedure adopted by the committee is flawed. They should not have heard the petitioner in our absence and they did not also send the documents attached to the petition to us.
“The committee was aware of our coming because we informed them. The petitioner should have proved his allegation in our presence. All what he was saying are pieces of rubbish and we are highly disappointed in the committee.”
Meanwhile, the anti-Senate President Bukola Saraki senators under the aegis of Senate Unity Forum, on Wednesday, declared the Lamorde’s probe by the committee as illegal because it did not follow the due process and that it breached the Senate Rules.
The group, in a petition by Senators Gorge Akume, Abu Ibrahim, Barnabas Gemade and Ahmad Lawan, faulted the process through which the petition was sent to the committee.
It noted that in a standard parliamentary practice, a petition should be routed through either a senator or a member of the House of Representatives and that upon receipt of such a petition the representative would inform the presiding officer of the chamber and, thereafter, present the petition in the plenary.
“Upon presentation in plenary, the presiding officer will invite the senator/member, House of Representatives. To lay the same petition on the table in the chamber, this automatically becomes a public document.
“In this regard, nothing of the sort happened. Senate proceeded on recess on August 13 and it is not on record that the petition of Mr. George Uboh, accusing Lamorde of diverting over N1tn recovered from some corrupt Nigerians, including former Governor of Bayelsa State, DSP Alamieyesigha, and the former Inspector-General of Police, Tafa Balogun, was presented to Senate in Plenary,” the group’s statement read in part.
THE judicial commission of inquiry investigating the administration of former governor Rotimi Amaechi over the sale of assets and other matters has summoned ex-council chairmen and a former Commissioner for Agriculture, Mr. Emmanuel Chinda, to appear before it on Friday, August 28, 2015.
Rotimi Amaechi
The commission had alleged that those invited to appear before it were involved in the purported diversion of N2bn being part of a N4bn agric loan from the Central Bank of Nigeria.
But the former commissioner for agriculture had gone to the Rivers State High Court, on Tuesday, seeking an order of perpetual injunction restraining the commission and the Commissioner of Police from inviting, arresting or requiring him to appear before the panel.
Following the non-appearance of Chinda and the former council chairmen at Tuesday’s sitting of the panel, the Chairman of the commission of inquiry, Justice George Omeriji, directed that they appear before the panel on August 28 or risk being arrested by the police.
Omeriji also directed that the commission’s directive summoning the former council chairmen and the ex-agric commissioner should be published in the state-owned newspaper, Nigerian Tide.
He explained that the publication of the invitation of the affected persons would serve as a notice to them to come and speak on the controversy surrounding the alleged diversion of part of an agric loan.
“It is very clear that all the persons mentioned above have failed to appear before this commission to give evidence or tender any document to enable the commission to come up with the truth of the matter.
“I have also considered the prayers of the counsel for the commission, urging the commission to ensure that the persons mentioned above appear before this commission.
“This commission is a disciplined commission. I have decided not to involve the police yet in the service of the summons on the persons mentioned above. The commission has decided to accept the alternative prayer of the counsel and is, hereby, making the following order:
“There shall be a publication in the Nigerian Tide, summoning all the above-mentioned persons to appear before the commission on Friday, August 28, 2015. And this publication is to be taken as adequate notice to the persons to appear before the commission on August 28, 2015,” Omeriji said.
However, the former commissioner for agric, who is one of those allegedly involved in the diversion of the CBN’s agric loan, prayed the Rivers State High Court to restrain the panel, which is the (1st respondent), and four others, from summoning, arresting and requesting him to appear before it.
Chinda, through his counsel, Mr. Ken Asuwete, also urged the court to declare that the respondents violated his constitutional right to fair hearing provided by Section 36 (1) of the Nigerian Constitution of 1999 as amended.
The other prayers by Chinda included, “A declaration that the respondents had unlawfully tried, adjudged and condemned the applicant in the media from as early as 7am of Friday the 21st day of August 2015, without serving the requisite summons and all processes of complaint or memoranda as required by law.
“A declaration that the counsel to the commission deliberately failed to inform the commission that no attempt known to law was explored before the media was surreptitiously engage to publish the name of the applicant in a way and manner that has defamed his character before he is to appear before the commission.”
The Senate Committee on Ethics, Privileges and Public Petitions will on Wednesday begin a probe of the Chairman of the Economic and Financial Crimes Commission, Ibrahim Lamorde, over an allegation that he fraudulently diverted over N1tn proceeds of corruption recovered by the anti-graft agency.
EFCC Chairman, Ibrahim Lamorde
Part of the money alleged by a petitioner to have been diverted by the EFCC boss included the loot recovered from a former Governor of Bayelsa State, Diepreye Alamieyeseigha; and ex-Inspector-General of Police, Tafa Balogun.
The petitioner, Mr. George Uboh, whose complaint to the Senate prompted the probe, has been invited to appear before the Senate committee at Meeting Room 120 of the New Senate Building, National Assembly Complex, Abuja, by 10am on Wednesday.
Similar invitation, it was learnt, had been extended to Lamorde to appear before the Senate committee the same time on Wednesday.
The fraud allegedly perpetrated by Larmode was said to have dated back to his days as the Director of Operations of the EFCC between 2003 and 2007, as well as an acting Chairman of the commission between June 2007 and May 2008, when the then chairman of the anti-graft agency, Mr. Nuhu Ribadu, was away for a course at the National Institute for Policy and Strategic Studies, Kuru, Jos.
Uboh, Chief Executive Officer of Panic Alert Security Systems, a security firm, in his petition dated July 31, 2015, accused Lamorde of some specific instances of under-remittance and non-disclosure of proceeds of corruption recovered from criminal suspects, including Balogun and Alamieyeseigha.
He assured the Senate that he would produce “overwhelming evidence” to back his claims against Lamorde.
Uboh also alleged that the EFCC had not accounted for “offshore recoveries” and that “over half of the assets seized from suspects are not reflected in EFCC exhibit records”.
The petitioner equally accused Lamorde of conspiring with some EFCC officers and external auditors “to operate and conceal a recovery account in the Central Bank of Nigeria and excluded the balances from your audited financial statements between 2005 and 2011”.
“Lamorde continues to conceal the details of the unsold properties forfeited by both Tafa Balogun and DSP Alamieyeseigha despite receiving rent revenues from some estate agents on the said properties,” he further alleged.
Alamieyeseigha, the man who former President Goodluck Jonathan succeeded as Bayelsa State governor in 2005, had forfeited property and funds in various bank accounts as part of terms of plea bargain in his trial by the EFCC.
He had pleaded guilty to six counts of corruption charges before a Federal High Court in Lagos on July 26, 2007 and served concurrent two years imprisonment on each count, though he was later pardoned by Jonathan in 2013.
Balogun had also forfeited landed assets and funds and was sentenced to six months imprisonment by a Federal High Court in Abuja after he pleaded guilty to various counts of corruption charges.
Uboh, asked that Lamorde be prosecuted and proposed 10 counts of fraud in his petition, which was addressed to the Senate President Bukola Saraki, through the Delta State Senator in the National Assembly, Peter Nwaoboshi.
In the petition bearing Nwaobohi’s acknowledgment, Uboh alleged that Lamorde in March 2013 diverted the sum of N779m out of the total N3bn forfeited by Balogun to the Federal Government and that the EFCC boss conspired with some officials of the anti-graft agency to under-remit the ex-IG’s forfeited funds of about N5.85bn into the Consolidated Revenue Account by holding back about N2.65bn.
Uboh also alleged that Lamorde conspired with some EFCC officials to remit to Bayelsa State the sum of N3.1bn instead of the total sum of N4.3bn proceeds of corruption recovered from Alamieyeseigha.
The petitioner said that Lamorde, as Director of Operations of the EFCC, conspired with some officers of the commission to manipulate records of assets recovered from Alamieyeseigha, an act which allegedly paved the way for him to trade with about N3.7bn of the recovered funds for almost two years.
“Sir, the aggregate funds diverted by Lamorde/EFCC stated below in the attached criminal charges is over N1tn. However, because over 95 per cent of overseas seizures are diverted, there is an urgent need to investigate and recover those funds as well,” Uboh’s petition read in part.
Our correspondent, on Sunday, obtained a copy of the Senate Committee on Ethics, Privileges and Public Petitions’ letter, which was signed by the committee’s clerk, Freedom Osolo, inviting Uboh to the Wednesday’s meeting.
The letter of invitation entitled, ‘Invitation to a meeting of the Senate Committee on Ethics, Privileges and Public Petitions’, partly read, “I am directed to invite you to a meeting of the Senate Committee on Ethics, Privileges and Public Petitions of the National Assembly in respect of your petition (copy attached) against the Economic and Financial Crimes Commission Chairman, Mr. Ibrahim Lamorde.”
“You are by this invitation, required to appear before the committee with all necessary evidence to support your allegation,” the invitation letter also noted.
Part of the proposed charges prepared by Uboh read, “That you Mr. Ibrahim Lamorde, as the executive chairman of EFCC in March 2013, in the bid to conceal a fraud of N779,155,004:62, being the diverted amount from the forfeited funds by Tafa Balogun, falsified documents in response to the request made on you by duly constituted authorities, wherein you fraudulently stated the total of 13 bank balances as N2,258,100,576:98 instead of N3,037,255,521:60
“That you Mr. Ibrahim Lamorde, as the Director of operations, conspired with some officers in the EFCC to manipulate the forfeitures and recoveries from DSP Alamieyesiegha, which events took place between 2006 and 2007, as if it took place in July 2008, with a view to shifting responsibilities to the regime or tenure of Mrs. Farida Waziri. By this act, you traded with recoveries amounting to over N3.7 bn for almost two years before formerly documenting the transaction.”
When contacted, the spokesperson for the EFCC, Mr. Wilson Uwujaren, said, “I am not aware of it (the petition).”
A former Governor of Adamawa State, Murtala Nyako, who is being prosecuted along with his son, Abdul-Aziz, and others for N29bn fraud charges, has threatened to sue the Economic and Financial Crimes Commission for defaming his character while opposing his application for bail on July 8.
Nyako, who spoke through one of his lawyers, Mohammed Bakari, in a statement on Wednesday, said the anti-graft agency had defamed his character by imputing that he had a hand in the death of two of its witnesses.
Bakari said it was untrue that the witnesses died mysteriously, describing the claim by EFCC’s prosecutor, Rotimi Jacobs (SAN), and the deposition in the commission’s counter-affidavit as “baseless, wicked and unfounded allegation.”
He explained that contrary to EFCC’s insinuation, two out of the 31 persons lined up as prosecution witnesses died in hospitals after battling with certain known ailments.
He said, “They neither died at the same time nor slumped and died as insinuated by the EFCC.
“While one died in a hospital in Abuja, the other died in a hospital in Yola shortly after he returned from a complicated medical treatment abroad.
“It is therefore unfair, unjust and uncharitable to accuse Nyako and his son of the death of the two persons, who as every human being has a sure date with death.
“This is totally unethical and Admiral Nyako has already decided to sue both the EFCC and their lawyer for defamation of character.”
A former governor of Jigawa State, Sule Lamido and his two sons, Aminu and Mustapha who were docked in Kano prison are currently at the federal high court in Abuja seeking bail.
The trio were remanded in Kano prison along side with one Aminu Wada Abubakar last week Thursday but were transferred to Kuje prison in Abuja on Monday.
Lamido and his sons were arraigned and docked on a 28-count charge bothering on corruption and money laundering, a accusation levied against them by the Economic and Financial Crimes Commission (EFCC).
The only vacation judge at the Abuja court, Gabriel Kolawole is yet to arrive the court at the time of filing the report, according to thecable reports.
Private Councel to the EFCC, Mr. Rotimi Jacob, SAN on Friday begged the Federal High Court sitting in Abuja not to grant bail to a former governor of Adamawa State, Murtala Nyako and his son, Abdulaziz for alleged N40 billion money laundering charge.
The counsel revealed that two of EFCC key’s witnesses against Nyako had died myteriously after voluntering indicting statements against the former governor.
He stressed that, the witnesses did not die of car accident or poison but just died mysteriously.
He gave their names as Ma’aji Mohammed Iro and Abdulmalik Dalhatu.
EFCC expressed fear that if Nyako and others were granted bail, same thing may happen to the witnesss in order to stop them from coming out and as such, would be difficult to prosecute the accuse.
The Commission stressed that a freedom of Nyako and son is a threat to the lives of its witnesses, pleading to the court to exercise discretion in favour of the witnesses.
Jacob reminded the court that Nyako and his son, a serving senator who had fled the country after they were admitted to administrative bail by the EFCC may repeat the same.
EFCC further argued yesterday that there was a prima facie evidence against the accused persons as investigation had shown that former Governor Nyako diverted public funds running into billions of naira into private accounts of companies belonging to them to develop an estate in Abuja.
Expressing fear that not only the grave offence committed by them but also the massive and incontrovertible evidence already piled up against them would tempt them to bolt away, Jacobs added that hiring 15 lawyers to defend the case was an evidence that the accused were ready to do anything to get off the hook anyway, anyhow.
EFCC suggested to the court to issue an order of accelerated hearing in the case and hear the matter day to day instead of releasing them to the free world and pose threat to its witnesses.
But three hours after the plea, the trial judge, Justice Elvis Chukwu, notwithstanding the litany of reasons given by EFCC yesterday admitted them to bail, albeit attached stringent conditions to the bail.
The accused persons were admitted to bail in the sum of N350 million each totalling N1.4 billion with two sureties in like sum each, one of which must be a serving director in the federal civil service.
They were also ordered to drop their international passports and other travel documents in their possession with the deputy registrar of the court if they must breathe air of freedom.
Justice Chukwu held that the stringent conditions were attached to ensure that they would attend court so that trial would not be delayed.
EFCC had, on Wednesday, arraigned Nyako, his senator son and two other individuals alongside four corporate persons on 37 count charge bothering on money laundering.
Others listed on the charge sheet filed by Yusuf Ali, acting deputy Director of Legal and Prosecution Department of EFCC as co-accused are: Zulkifikk Abba; Abubakar Aliyu; Blue Opal Limited; Sebore Farms and Extension Limited; Pagoda Fortunes limited; Towers Assets Management Limited and Crust energy Limited.
The accused persons however, pleaded not guilty to all the charges.
When the matter came up yesterday, defence counsel, Kanu Agabi, SAN, brought an application for bail for the accused, dated July 10 and filed on the same day.
Agabi predicated the application on Section 118 (2) of the Criminal Procedure Act and Section 35 of the 1999 Constitution, arguing that what the prosecution emphasised in its opposition is that the accused will not come for trial if granted bail.
He said that contrary to EFCC’s fear, the accused persons were happy to stand trial because it afforded them a rare opportunity to clear themselves
A Federal High Court in Abuja on Friday granted bail to a former governor of Adamawa State, Murtala Nyako, and his son, Abdul-Aziz, and others being prosecuted along with him for about N29bn fraud charges.
Governor Nyako
The bail was granted to the four accused persons in the sum of N350m each with each of the four accused persons required to produce two sureties each or one surety who must be a serving director in any Federal Government establishment.
The sureties to be produced must also have landed property in the Abuja Municipal Area Council, which the court ordered must be verified by the court bailiff.
The sureties are also expected to swear an affidavit of means.
Justice Evoh Chukwu, who in a ruling dismissed the objection of the Economic and Financial Crimes Commission on Friday, also ordered the accused persons to deposit their passport and other travel documents with the court registrar.
The judge had on Wednesday remanded the accused persons in the custody of the Economic and Financial Crimes Commission upon their arraignment on 34 counts of money laundering and fraud instituted against them.
Nyako, who was removed as Adamawa State Governor by the state House of Assembly on July 15, 2014, was arraigned along with his son, Abdul-Aziz, and others comprising, Zulkifikk Abba, Abubakar Aliyu as well as five firms.
Abdul-Aziz is the senator representing Adamawa Central in the National Assembly.
They were arraigned before Justice Evoh Chukwu for fraud amounting to N29,099,430,879.92.
Other firms arraigned along with Nyako and his son were Blue Opal Limited, Sebore Farms and Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited and Crust Energy Limited.
ABUJA — FormeR Head of Service of the Federation, HoSF, Mr. Steve Oronsaye, yesterday, returned to the Economic and Financial Crimes Commission, EFCC’s custody ahead of possible arraignment.
Oronsaye was arrested and detained by operatives of the anti-graft agency, Wednesday, but released late night and asked to turn in himself, yesterday.
Vanguard learnt that Oronsaye was, however, asked to go home at about 6p.m., yesterday, and asked to report back to the commission today.
A top official in the commission confirmed to Vanguard that the former top civil servant had been taken in, yesterday, and that every indication pointed to the fact that he would be formally charged before an Abuja Federal High Court.
The official said: “Yes, Mr. Oronsaye is with our operatives preparatory to his arraignment. He was allowed to go yesterday after spending a long time and making useful statement to us. He was ordered to return to our investigators today and he reported around 10a.m. today (yesterday)”
It was not clear if he would be arraigned today or not.
Vanguard learnt that apart from being associated with the mismanagement of huge pensions funds, Oronsaye is being investigated over allegations by top Federal Government officials that he used his position as the chairman of the Presidential Standing Committee on Financial Action Taskforce to fleece the government.
The anti-graft agency source said: “Oronsaye is also being interrogated on fresh allegations of monumental fraud and embezzlement of funds in the running of a Presidential Standing Committee on Financial Action Taskforce, which he chairs.
“The committee is a policy advisory body to the President on the implementation of the AML/CFT. Oronsaye allegedly used it as a conduit to siphon and launder money.
“This fresh lead is triggered by allegations by some members of the committee who claim that Oronsaye operated an illegal account in a first generation bank in the committee’s name without the knowledge of the members through which he has laundered hundreds of millions of naira.”
The renowned bureaucrat has earlier been questioned in relation to the September 2014 damning 169-page report by the office of the Auditor General of the Federation claiming that Oronsaye mismanaged over N123 billion during his tenure as HoSF.
The report, entitled “Special Audit of the Accounts of the Civil Pensions,” found Mr. Oronsaye guilty of allegedly presiding over the looting of the nation’s resources during his tenure.
