Showing posts with label EFCC. Show all posts
Showing posts with label EFCC. Show all posts

BREAKING: Buhari suspends EFCC chair, Magu

BREAKING: We didn’t arrest Magu – DSS

President Muhammadu Buhari may have suspended Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, The Nation has learnt.
The Nation had exclusively reported on Monday that Magu may be suspended over the ongoing probe by a presidential panel headed by Justice Ayo Salami.
The panel is investigating 22 allegations exclusively reported by The Nation against Magu.
Multiple sources confirmed to The Nation that Magu has been asked to step aside so as not to obstruct investigation.
It was further learnt that a formal statement will be issued shortly on the development.
Details shortly…

Eternal injunction?

Rivers State government
Can a court of law duly make an order of perpetual injunction to disallow the prosecution of a party before the court, as well as restrict the trial of any future offender of the provision of the law, the subject matter of the dispute before the court? We doubt, because that will qualify as a universal injunction, for all persons, against any present or future criminal prosecution.
The Rivers State government claims such a perpetual injunction exists, preventing the Economic and Financial Crimes Commission (EFCC) from prosecuting any of its officials for previous, present and future economic or financial crime.
We do not believe that any such order was legitimately made by a court of law, under the 1999 constitution (as amended).
The present imbroglio arose over the refusal of the state government to hand over three officials of the state, who are implicated in the alleged illegal withdrawal of N118 billion public funds, from the state government’s accounts.
According to the EFCC, the monies were withdrawn in cash, and that contravenes the provision of the Money Laundering (Prohibition) Act, 2011.
The EFCC alleged that the illegal withdrawals were made by Fubara Siminalayei, the Director of Finance, Government House, Tonye Uranta and Harisonba Princewill, across the counter. According to the report, Siminalayei alone allegedly withdrew over N70 billion over the counter about 35 times in 2016, and 94 times in 2017.
Earlier in 2015, he also reportedly withdrew N16.297 billion in cash. On his part, Uranta allegedly withdrew over N1.6 billion in 2016; while N150 million cash withdrawal is allegedly traced to Princewill.
These are humongous amounts, which under the Money Laundering (Prohibition) Act, cannot be withdrawn over the counter.
So, who authorised the officials to make such withdrawals in cash as alleged, and could it be that the withdrawals were made for untoward reasons? These are the questions the Rivers State government should be interested in, since the monies belong to the people of the state.
Instead, it is reported that the state government is shielding the indicted officials from reporting to the EFCC to answer to the allegations against them.
If the Rivers State government is to be believed, Justice Ibrahim Nyaure Buba of the Federal High Court, granted a perpetual declarative and injunctive relief in favour of the state government, on March 23, 2007.
The state government claims that the court gave an explicit order that the EFCC cannot probe the accounts of the state government and its officials.
It is the same judgment that the former governor of the state, Dr. Peter Odili, also relies upon, to challenge any probe of his activities as governor.
While a high court can legitimately make an order with respect to the issues before it, subject of course to appeals to higher courts, it lacks the jurisdiction to make an order in perpetuity for future allegations, as claimed by the state government.
So, while unequivocally the three state officials are deemed innocent, until proven otherwise, it is unlawful for the state government to use the state machinery to prevent the due process of law.
The due process of law is the rule of law, and no democratically elected government should be a cog in the wheel of justice. Section 36(4) of the 1999 constitution, provides that: “whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal.”
We urge the EFCC to take necessary steps to bring the indicted persons to submit themselves to a fair trial, in accordance with the rule of law.

Immigration recruitment: Ex-minister, fugitive businessman know fate Thursday

Senator Buruji Kashamu
Justice Nnamdi Dimgba of the Federal High Court, Abuja will decide on Thursday whether Patrick Abba Moro, Drexel Global Tech Limited, Mahmood Ahmadu, Anastasia Daniel-Nwaobia, former Permanent Secretary at the Federal Ministry of Interior and Felix Alayebami, former deputy director at the Ministry of Interior, have a case to answer regarding a 2014 scam immigration recruitment into the Nigeria Immigration Service (NIS) that caused the death of 15 Nigerian graduates.
The Economic and Financial Crimes Commission (EFCC) prosecuting the trial, which began in February 2016, claims that former Interior Minister, Abba Moro now a senator from Benue State, fugitive businessman Mahmood Ahmadu and the three others deliberately designed the botched recruitment exercise solely to defraud job-seeking Nigerians.
nterestingly too, while Ahmadu opened bank accounts with Drexel Tech Nigeria Limited to receive monies, he signed the deal on the exercise with the Ministry of Interior with Drexel Global Tech which was not registered with the Corporate Affairs Commission.
The EFCC said Moro and others conspired to induce 675,675 Nigerian job applicant seeking employment in NIS to each pay N1000 application fee (totalling N657,657,0000) under false pretence through e-payment for their online recruitment exercise into the NIS on 17th March 2013.
The story began with former NIS Controller General, David Paradang, approaching former President Goodluck Jonathan through the Ministry of Finance requesting that a total of 4,556 officers and men be recruited to shore up the NIS operations. But the former Minister of Finance and the Coordinating Minister for the Economy, Ngozi Okonjo-Iweala, overruled Paradang, saying that there was no money to support that large number. Rather than get the 4,556 staff at once, the minister advised that the number should be spread over three years.
A proposal by Rosbony Ltd to partner on the recruitment followed quickly in 2012 but Abba-Moro and Ahmadu’s company, the unregistered Drexel Global Tech Ltd, hijacked the idea side-lining the NIS comptroller-General.
Not surprisingly, the exercise ended in tragedy as several people died during a stampede as thousands of jobseekers scrambled into the Abuja National Stadium to take part in the exercise. “I was surprised about the recruitment exercise because I was not aware of it,” Paradang told the Federal High Court in Abuja.
The EFCC identified the key brain behind the shambolic exercise as Abba-Moro and Mahmood Ahmadu. The anti-graft agency describes Mahmood Ahmadu as “at large”, and that he made a total of 677m naira (£1.4m; $1.6m) from the bogus recruitment exercise. Ahmadu, a businessman was honoured with the Order of The Niger by President Goodluck Jonathan in 2014 as the Chief Executive Officer OLS SERVICES.
The EFCC said the accused by-passed all relevant laws, including the Public Procurement Act, Infrastructure Concession Regulatory Commission (Establishment) Act 2005 and the Immigration and Prison Board Act to enable them to manipulate the recruitment process to suit their aim.
It alleged that not only did the defendants sidestepped established procedure in awarding a contract for the provision of an online recruitment portal to unregistered Drexel Global Tech, they also failed to advertise the contract as required to exclude eligible companies from applying and to pave the way for their preferred firm, which was not registered by the Corporate Affairs Commission (CAC).
The prosecution, led by Aliyu Yusuf, detailed the roles played by the four defendants in the alleged scam and argued that it has sufficiently established a prima facie case against the defendants to warrant being called to defend themselves against the charges.
The prosecution alleged that “the foundation of the fraudulent contract started with an unsolicited proposal from a company known as Rosbony Ltd. This was attested to in the statement of the 1st defendant (Moro), admitted and marked as Exhibit AAFD48 (1-8). According to Yusuf, four firms, including Drexel Global Tech Limited were invited to bid.
“Evidence before the court is that the procurement process was activated by the defendants with utter disregard for the provisions of BPP Act 2007, Immigration and Prison Board Act 2004 and Infrastructure Concession Regulatory Commission (Establishment) Act 2005 in a scheme designed to fraudulently obtain money from innocent applicants.
Moro’s lawyer Akinlolu Kehinde argued that the prosecution failed through the evidence led by its 12 witnesses, to establish a prima facie case against them.
But witnesses called by the EFCC gave blow-by-blow accounts of how the deals were done and the money shared.
Bilikisu Mohammed, a prosecution witness who is a Relationship Manager with Keystone Bank, IBB Way, Maitama, testified as PW6. She revealed to the court how monies received by Drexel Tech Nigeria Limited were transferred to various accounts. “The account (Drexel Tech Nigeria Limited) was opened on 19th August 2013 as a corporate account with two signatories – William Butau and Ahmadu Mahmoud who is the CEO of the company.
“The first transaction in September 2013 was N20, 000 for legal fees. Subsequently, there were two major inflows into the account.
“The first was N462, 370,000 in October 2013. This money was put in a fixed deposit. The second was about N111, 967,200.00 in November 2013.
“From these, there were three major transfers to one Sofiano Ali’s account as follows: N33, 800,000; N33, 700,000 and N33, 700,000.
“The fixed deposit was liquidated sometime in January 2014 and instructions were received to transfer funds into four accounts, Oak Global – N66, 250,000; Africano Global – 4,000,000; Crown Medics – N120, 100,000 and one Chichi Habiba Abba Gana – about N202, 500,000.
“A transfer instruction also came in February 2014 to transfer N28, 500,000 to Mikano,” she said.
In support of the claim, documents including correspondence between the EFCC and Keystone Bank, Account opening packages for Drexel Tech Limited, Mikano, Crown Medics, Sofiano Ali, as well as, documents of various transfer instructions from Drexel Tech Limited to Keystone Bank were tendered by the prosecution and admitted as Exhibits AAFD 35 – 43.
Another witness, Augustine Chukwuma Ugorji, a former Head of Finance, Pay4Me Services Nigeria Limited, an e-commerce company, narrated to the court how Drexel Tech Nigeria Limited engaged Pay4Me Services Nigeria Limited to provide a payment platform for the collection and online management of payment activities through designated banks for the ill-fated recruitment exercise.
According to Ugorji, “The process of Pay4Me is that the applicant goes through the website of the client, in this case, the Ministry of Interior, completes the form and is redirected to the payment platform where he or she is given the option to pay either through their banks or their card.”
He stated further: “Eight banks – Union Bank, United Bank for Africa, Diamond Bank, Zenith Bank, Sterling Bank, EcoBank, Enterprise Bank, and Interswitch – participated.
“Pay4Me has the Nigeria Inter-Bank Settlement System Plc., NIBSS, as a partner. The role of NIBSS was to act as a central switch through which banks do their clearing.
675,675 applicants made their payments through our platform.
“The agreement between Drexel and the Ministry of Interior was for each applicant to pay N1000. The agreement was for Drexel to pay Pay4Me N150 per applicant. From the N150, Pay4Me agreed to pay the bank N70 per applicant, leaving N80 for Pay4Me. The balance of N850 goes to Drexel”.
Giving details of remittances by each of the banks, Ugorji stated that, Zenith Bank remitted N22,425,390.00; Sterling Bank- N38,013,420.00; United Bank for Africa, UBA, – N190,187,416; Diamond Bank – N114,616,260.00; Union Bank – N133,862,010.00; Fidelity Bank – N58,175,670.00; Enterprise Bank – N12,527,100.00; EcoBank – N48,146,870.00 and Card Payments: N10,879,115.00.” He added that two tranches of remittance were made to Drexel through their Keystone Bank account.
Accordingly, six documents including the witness’ statement given, appointment letter from Drexel Tech Nigeria Limited to Pay4Me Services Nigeria Limited, Pay4Me’s CBN license, as well as Master Service Agreements between Pay4Me and participating banks, were also tendered by Yusuf and admitted as exhibits AAFD 29 – 34.
Testifying earlier on May 19, 2017, the PW4, Mustapha Bello, an officer in the Compliance department of the Corporate Affairs Commission, CAC, gave evidence to the effect that, while Drexel Tech Nigeria Limited is duly registered by the Commission, there is no record of Drexel Global Tech Limited – the company to whom the Ministry of Interior awarded the contract for the provision of online enlistment and e-recruitment services.
Before his evidence, Ishaq Yahaya, Director of Compliance at the Bureau of Public Procurement testified that the Ministry contravened some sections of the Public Procurement Act, 2007 by failing to advertise the project and engaging the services of Drexel Global Tech Limited, who had submitted an unsolicited proposal, without the approval of the BPP and without complying with mandatory pre-qualification criteria.
Interestingly, while other co-accused have been admitted on bail, Mahmood Ahmadu has continued to enjoy trade partnership with the Federal Government through another of his company called Online Integrated Solutions (OIS).
He secured a deal for OIS to collect Bank Verification Number (BVN) record of Nigerians based overseas through their biometrics for onward transmission to the Central Bank of Nigeria. Nationals of India were predominantly employed worldwide to handle the data collection, storage and transfer.
OIS, on its website, prides itself as “a specialist Nigerian visa and passport application agency” in partnership with diplomatic missions across the world to “expedite hitch-free travel” to global destinations.
On its LinkedIn profile, OIS said it was established in 2011 as a Nigerian indigenous company and operates in 25 major cities across the world, including Nigeria, China, Lebanon, UAE, Malaysia, Italy, Netherlands, South Africa, USA, France, Germany, UK, India, and Canada.
However, its registration details on the Companies House record in the United Kingdom showed that it was incorporated in October 2012 with 75 per cent being controlled by Mahmood Ahmadu. He was also described in the UK Companies House record as owner with significant influence or control, controlling rights of votes and right to appoint and remove directors.
He exercised this right immediately after the shambolic recruitment by shutting three of his UK companies. Many of the companies are believed to be shell companies being coordinated from Jersey Island, a UK dependant island located on Channel Island and regarded as a tax haven and top offshore financial centre.
Ahmadu registered another company in the UK in March 2014 and tweaked the name to appear similar to that which was used in securing the deal for the recruitment exercise. He called it Drexel Tech Global Limited, which was hurriedly shut in August of 2014.
Ahmadu filed for the strike-off one month after the tragedy despite the Senate Committee on Internal Affairs commencing a probe into the exercise. Ahmadu never showed up throughout the committee sitting. Drexel Tech Global was Registered in June 2011 with a share capital of £1 (one-pound sterling) and dissolved in August 2014.
The directors of Drexel Tech Global are; Mr Mahmood Ahmadu, 53, Nigerian of 63 Dennis Osadebey Crescent, Apo Legislative Quarters, Abuja, Nigeria; Ms Theresa Mahoney, 55, (American) of 6 Hitchcock Circle, Simbury, Connecticut, USA, 06070. Drexel Tech Global Company account was filed as dormant in June 2012 and 2013 financial years and then dissolved through voluntary strike-off in August 2014 without single taxation paid to the UK government.
Another of Ahmadu’s companies, Socket Works Ltd and Socket Works Global Ltd which were registered in the UK in March and April 2013, was also shut down soon after.
Socket Works Global Ltd was closed down in Oct 2014 and Socket Works Ltd in Feb 2015 at a time the Nigerian presidential election was originally scheduled.
His other evasive attempt at operating from behind the scene was not glamorous either. Ahmadu replaced himself and another Mrs Maryam Mahmood, 41, believed to be his wife as directors at Online Integrated Solutions Ltd UK with two other people. He resigned from Online Integrated Solutions Ltd on February 2016 shortly after the EFCC’s hunt became public, while Mrs Mahmood left earlier in November 2015.
Ahmadu has, however, kept alive his interest in Gau Limited, which he registered in the UK in Jan 2015 and in A2A International Ltd, which was registered in Jersey, Channels Island in 2012. But his interest is represented in the Jersey registered company by Online Integrated Solutions Ltd.
Ahmadu has been living large. He was presented Asian Voice Award in front of more than 300 top British, Asians and African leaders and VIP in Sheraton Hotel, Park Lane, London in May 2016.  This was at a time the EFCC said Ahmadu was hiding in Europe and mulled the idea of using the Interpol and relevant agencies in the UK to track him.

EFCC not a political tool, APC chieftain tells Obaseki

Court okays EFCC request to freeze Bauchi govt. account

An All Progressives Congress (APC) chieftain in Edo State, John Mayaki, has urged Governor Godwin Obaseki to desist from strong-arming the Economic and Financial Crime Commission (EFCC) into pursuing its politically-motivated call for the investigation of his predecessor, Adams Oshiomhole, over alleged wrongdoing in the construction of the Benin Specialist Hospital.

Reacting to the protest staged by supporters of Obaseki at the EFCC in Benin yesterday, Mayaki dismissed the panel report that formed the basis of the call to investigate Oshiomhole.

In a statement in Abuja, Mayaki stated that the composition of the investigative committee reflected from the outset “an underhand motive geared towards indicting and demeaning Oshiomhole”, and not in all intent and purpose in the best interest of the people of Edo State.

Prince Mayaki, the former Chief Press Secretary to the Edo State governor said: “Godwin Obaseki must be reminded that the EFCC does not exist as a political tool for actors like him to wield when it’s convenient. The agency’s purpose is not join in an obvious attempt to harass and blackmail innocent individuals into adopting a political position.”


Court remands ex-SGF, Lawal, brother, others in EFCC custody

A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja ordered, on Tuesday, that Former Secretary to the Government of the Federation, Babachir Lawal and three others be remanded in the custody of the Economic and Financial Crimes Commission (EFCC) pending its ruling on his bail application on Wednesday.
The court gave the order after Lawal, his brother, Hamidu David Lawal, Sulaiman Abubakar and Apeh John Monday and two companies – Rholavision Engineering Ltd and Josmon Technologies Limited – were arraigned on a 10-count charge brought against him by the EFCC, and in which they accused of involvement in N272 million contract fraud.
The alleged fraud was said to be in relation to contracts awarded by the Presidential Initiative for North East (PINE) for the removal of grasses in Internally Displaced Persons (IDP) camps, which the ex-SGF allegedly diverted to the companies in which he has interest.
The defendants pleaded not guilty when the charge was read to them, following which the prosecuting lawyer, M.S. Abubakar asked for the “shortest date” for the commencement of trial.
At that point, lawyer to Lawal, Akin Olujinmi (SAN) informed the court about his client’s pending bail application.
He said: “in anticipation of arraignment, the defence filed application dated February 7, 2019 seeking the order of the court to grant bail on liberal terms
“He never jumped bail since April 13, 2018, when he was released by the EFCC on administrative bail and has been reporting to the EFCC based on the conditions given to him.
“He never breached his bail conditions, even when he was given his international passport to travel for medical check-up.
“The defendant will not run away and has no way of jeopardising investigation since it has been concluded.
“I, therefore, urge your lordship to grant him bail on self-recognizance or on liberal terms,” Olujinmi said.
Lawyer to the second defendant, Sunday Ameh (SAN) also prayed the court to admit his client to bail on liberal terms, pending the determination of the case.
Napoleon Idenala and Ocholi Okutepa, who represented the third and fourth defendants, equally urged the court to exercise its discretion in their clients’ favour and grant them bail on liberal terms.
In his response, Abubakar urged the judge, Justice Jude Okeke to refuse the bail applications and order that the matter proceeds without delay in the spirit of Section 19(2)(b) of the EFCC Establishment Act 2004 and Section 397 of the Administration of Criminal Justice Act 2015.
After entertaining arguments from parties, Justice Okeke fixed ruling for today (February 13) and ordered that the defendants be remanded in EFCC’s custody.
Lawal

EFCC will convict more people in 2019 – Magu

Mr Ibrahim Magu, Acting Chairman, Economic and Financial Crimes Commission (EFCC) has said that the commission will intensify efforts at ensuring that more convictions are secured in 2019.
A statement by the commission’s Acting Spokesman, Mr Tony Orilade, in Abuja on Thursday disclosed that Magu made the promise during a working tour to its Lagos office.
He said “With 312 convictions in 2018, we are strategising to redouble our efforts in 2019.
“This is part of our concerted efforts aimed at ensuring that the negative narrative of pervasive corruption in the system is changed for the better.
“And the perception that some persons are above the law, remains altered,” he said.
Magu noted that the EFCC had already secured three convictions few days into the new year, which he described as a good start.
“The commission shall continue to rid the country of economic and financial crimes and effectively coordinate the domestic efforts of the global fight against money laundering and terrorism financing,” he said.
Magu said that the EFCC remained committed to carrying out its duties in conformity with best international practices and within the ambit of the law.
He commended the exemplary leadership of the Chief Justice of Nigeria (CJN) Justice Walter Onnoghen, for the success recorded in the past year.
The acting chairman said that the judiciary remained key to winning the corruption fight.
He said “Let us have it at the back of our minds that we are only prosecutors; without the support of the judiciary, led by the CJN and other heads of court across jurisdictions, we could not have been able to achieve the much we did in 2018.
“Therefore, to be able to double that feat in 2019, let us know that we cannot do without the judiciary”.
He further called for the unalloyed collaboration of other stakeholders and urged Nigerians to be more dedicated to reduce corruption to the barest minimum.
“Those who stole our commonwealth should know that there is no hiding place for them.
“A high tension searchlight is being beamed on them, it is in their interest to surrender because the game is up,” he said.