EFCC drops private solicitors for in-house lawyers

Emeka Ibemere

It was on Friday February 14, 2014, at the cooperate head office of the Economic and Financial Crimes Commission, situated at Tunde Ideagbon House, on No. 5, Fomella Street, Off Adetokunbo Ademola Crescent,
Wuse II, Abuja, Nigeria.

The Tunde Ideagbon hall was filled to the capacity with newsmen from all forms of print, electronics and including the blog and their online counterparts.

The newsmen who weren’t aware of the event initially thought that the Commission was celebrating ‘Lovers’ Day’, for the newsmen. Others thought of perhaps a bigger story was about to be released to them. No!

It was an event meant for the anti- graft agency to present its records of convictions in economic and financial crimes cases for the ended year 2013 to the media.

Wilson Uwujaren, Head, Media and Publicity, who led other EFCC officers at the conference hall was smarting about the achievement of the Commission, especially the tireless effort of the legal Unit of the Commission in winning cases.

 As he kept on beaming smiles all through the event, he never forgot the efforts made by the EFCC lawyers in all the convictions recorded by the EFCC in the 2013.

 Reeling out the Commission’s prosecution report card, the EFCC’s Spokesman said, though the Commission was thrilled that it secured 117 convictions in 2013, that it was optimistic that the conviction figures would be enlarged more in 2014, especially, with the new directive coming from the Chief Justice of Nigeria, on the speedy handling of corruption cases.

“In 2013, the Commission charged a total of 533 cases to court and recorded 117 convictions”, he stated.

“This convictions figure represents an improvement over the 105 convictions recorded in 2012”.  

It was gathered that most of the cases were won by the commission’s lawyers from the legal and prosecution Unit of the anti-graft bureau. Only one percent of the case was won by private lawyers hired by the Commission.

Reviewing the achievement of the legal unit of the commission, Uwujaren then dropped the hint and said the performance of the unit has made it possible for the leadership of the commission to look inward and use lawyers working in the commission for the prosecution of the EFCC cases.

“The fact that 99 per cent of the convictions were secured by lawyers in the legal and prosecution department of the EFCC, it has created the determination of the leadership of the Commission to strengthen the department and de-emphasise the use of private solicitors for the prosecution of EFCC cases”.

Though Wilson didn’t go further to say how the Commission would go about it, but there were indications that the Commission measured huge costs of funds in hiring outside solicitors to handle EFCC cases and discovered that it would serve the commission less to drop private solicitors from handling EFCC prosecutions to ‘using in-house’ lawyers in the Commission. According to the spokesman, the commission would strengthen the legal department by providing them the necessary tools needed for the job.

Uwujaren said the Commission achieved what it achieved last year despite the onerous challenges it face in prosecuting economic and financial crimes cases.

“These figures indicate a steady progression in convictions return which is encouraging in the light of the well publicized hindrances that the EFCC contends with in the prosecution of economic and financial crimes case,” Wilson said.

Uwujaren seized the opportunity of the media briefing to call on all stakeholders, especially the media to join the fight against corruption so that the social malaise could be eradicated from the Nigeria society. “A corrupt free Nigeria is better for us all,” he said.

Legal experts who spoke to Daily Newswatch praised the use of ‘in-house lawyers’ in handling the EFCC cases. Experts are of the opinion that private lawyers do contribute in the delay in court process, arguing that in most cases, the private lawyers meet judges to defer cases especially when other of their clients have cases in other states.

According to Ugochukwu Ibe, a lawyer says EFCC lawyers would do well in the speeding process of court cases because they don’t have any other case except the commission’s case which they do as their statutory service knowing that they draw their salaries from the commission.

According to Taye Okunbanjo, who said politicians and influential people in the country would not be able buy the lawyers attached to the EFCC easily in trying to delay trials which are rampant when private lawyers were handling the commission’s cases.

He accused private lawyers of conniving with suspects in most cases to drag a case for so long through several adjournments.

Okunbanjo praise the Commission’s Chairman for realising this anomalies by correcting the mistake. According to him, it would save money for the commission and helped in speedy prosecution of cases.

Among those convicted in 2013, includes Pastor Glory Abrefera and Reverend Vincent Okpogo and their organization- Mustard Seed Micro Investment Limited.

It was gathered that the alleged two men of God were found guilty on a four count charge of carrying out banking practice without licence.

The accused persons were said to have collected over N1 billion from different individuals and organizations as deposit in an illegal investment scheme, and failed to account for all the deposits they collected.

Justice Ibrahim Buba, of the Federal High Court Asaba, Delta State convicted and sentenced the accused persons to 10 years imprisonment on each count and  a fine of N2 million on each of the counts.

 Also on the list is Aminu Sule Lamido, son of the current governor of Jigawa State, Sule Lamido. He was convicted on a money laundering charge and asked to forfeit 25 percent on the undisclosed sum he was arrested with at the Mallam Aminu Kano Airport

Barely a month in 2014, the Commission started the year in a different form by securing convictions and arrests of suspected criminals throughout the country.

Kicking off the year in a style, the Commission with a conviction secured in Enugu, Justice M. L. Shuaibu of the Federal High Court Enugu, Enugu State, on Friday January 17, 2014 convicted and sentenced one Monday Agha, who was prosecuted by the Economic and Financial Crimes Commission on a four count charge of obtaining money under false pretences to seven years imprisonment.

In a Press Release made available to Daily Newswatch on 17 January, 2014 by the Head, Media & Publicity of the anti-crime Commission, Wilson Uwujaren said Justice Shuaibu convicted the accused and sentenced him to seven years imprisonment on counts one, three, and four without option of fine, but discharged on count two.

 According to him, the sentences are to run concurrently.

 Agha, a serial fraudster was also facing trial on an 8-count charge of obtaining money under false pretence before a Federal High Court, Abakaliki, and Ebonyi state. He was accused of defrauded one Paul. O. Ezema, a teacher at the University of Nigeria, of about N805, 000 (Eight Hundred and Five thousand Naira) when he claimed to be a dealer in electrical rings used for pipeline protection by the Nigerian National Petroleum Corporation.

One of the charges against the accused read, that: “You Monday Agha, Engr Chris Ezea, (at large) Nwadike a.k.a papa (at large) and Engr. Benson Banigo (at large) on or about 11^th August 2012 in Enugu within the jurisdiction of the Federal High Court of Nigeria with intent to defraud obtained the sum of three hundred and fifty thousand naira (N350, 000.00) from Paul. O. Ezema by false pretence that you were selling to him an electrical ring used by NNPC for pipeline protection which pretence you knew to be false and thereby committed an offence contrary to section 1 (1) (a) of Advance Fee Fraud and other Fraud Related Offences Act, 2006 and punishable under section 1 (3) of the same Act.”

As that wasn’t enough, last week, the EFCC arraigns a lawyer and two others for fraud

The suspects were on January 13, 2014 arraigned before Justice Onuoha A. k. Ogwe of the Abia State High Court sitting in Aba, on 15-count charge of conspiracy and obtaining money under false pretence.

 The three suspects, Vitalis Anopue, Chigbu Paul and Amalaha Augustine were alleged to have obtained money from unsuspecting Nigerians under the pretext of soliciting for money for the defunct Anti-Corruption Revolution Campaign (ANCOR), programme of the EFCC.

Count three of the charge reads, that “Vitalis Anopue and Chigbu Paul on or about the 12^th day of September, 2012 within the jurisdiction of the High Court of Abia State, Aba Judicial Division with intent to defraud, obtained the sum of three Hundred and Seventy-Six Thousand Naira Only (N370,000.00) as contributions from some purported patrons of Anti-Corruption Revolution (ANCOR), through Chigbu Paul under the pretence of soliciting for funds on behalf of the EFCC and ANCOR, which pretence you knew to be false and thereby committed an offence”.

The three accused persons pleaded not guilty to all the 15 count charges when it was read to them.

 Meanwhile, L. C. Onumajure, counsel to the accused persons said he had filed an application for bail for the accused and urged the court to grant them bail as the alleged offence was bailable.  The prosecution counsel, Arumemi Moses did not oppose the application but asked the court to grant operatives of the EFCC the power to screen the sureties to be presented by the accused persons.

Justice Ogwe admitted the first accused person, Vitalis Anopue, a lawyer, to bail on self recognition.

“The second and third accused persons, Chigbu Paul and Amalaha Augustine, were granted bail in the sum of N500, 000.00 (Five Hundred thousand Naira) and one surety each. The sureties must live within the jurisdiction of the Court. Justice Ogwe adjourned the case to 6^th, 10^th, 17^th and 31^st of March 2014, for continuation of hearing”, Wilson Uwujaren stated.

Still on top of the crime, Obinna Okoro was docked at Owerri, Imo State, capital over allegations of obtaining money under false pretence.

He allegedly obtained Five Thousand Euros (€ 5,000, 00) from one Dr. Essien Edet about two years ago under the guise that he could help his daughter secure admission to study Medicine in Ukraine. After obtaining the money, the suspect developed wings and fled the area until he was arrested by the commission. The victims attempt to get Obinna to refund the money were unsuccessful. EFCC spokesman said the suspect would be arraigned in court as soon as investigation is completed. From Kano State is a report of fraud committed by a Kano State based Bureau De Change operator. On January 16, 2014 the suspect, one Auwal Ibrahim was arraigned before Justice Farouq Lawal of the High Court of Kano State on two-count charge that borders on issuance of dishonoured cheques. The accused person is alleged to have converted part of the $100, 000 (one hundred thousand United States Dollars) given to him to sell by his customers to personal use.

It was gathered that sometime in August 2012, the accused allegedly received the sum $50,000 from a complainant with a promise to return N7, 900,000. After selling the foreign currency, he only returned N3, 850, 000 (Three Million, Eight Hundred and Fifty Thousand Naira).

In October 2012, the accused person again allegedly collected another $50, 000 from Indo Kyaftin Bureau de Change.

“When it was time to return the proceeds of the sale, he issued two Skye Bank Cheques which bounced on presentation due to insufficient funds in the account”, EFCC stated.

Reading the charges, one of the charges read: “that you Auwalu Ibrahim on or about the 31^st day October, 2012 in Kano within the judicial division of the High Court of Justice Kano State issued a Skye Bank Cheque dated the 31^st October, 2012 for the sum of N7,900,000 (Seven Million Nine Hundred Thousand Naira Only) to Indo Kyaftin BDC limited which was presented and returned unpaid on the ground that no sufficient funds were standing to the credit of the drawer as at 2^nd November, 2012, the date it was presented and you thereby committed an offence contrary to Section 1 (1)(a) and punishable under section (1)(1)(b) of the Dishonoured Cheque Offences Act, Laws of the Federation, 2004”. Meanwhile, the accused person pleaded not guilty to the charge.

Justice Lawal ordered that the accused be remanded in EFCC custody pending hearing of the bail application and adjourned proceedings to January 23, 2014.

If you think it’s only those cases, that the EFCC lawyers have won, the jailed currency counterfeiter who bagged four years Jail term would then surprise you.

Justice B. O Quadri of the Federal High Court, Gombe sentenced one Mohammadu Chubado to four years imprisonment on a six count charge of conspiracy, forgery, and unlawful possession of counterfeit Nigeria currency notes.

Chubado, a member of a syndicate involved in the printing and circulation of counterfeit Naira currencies in Yola, Adamawa state and environs, was first arrested in March 2009 by the Department of State Services, DSS, and later handed over to the EFCC, North East zonal office in Gombe for further investigation and prosecution.

 Daily Newswatch learned that the accused person was first arraigned at the Federal High Court, Gombe in May 2009.

In his judgment on Wednesday January 15, Justice Quadri convicted Chubado on counts 1, 2, 3, and 4 bordering on conspiracy and counterfeiting of Nigeria bank notes, and unlawful possession of counterfeit bank notes. He was sentenced to a year imprisonment on each count charge without an option of fine. The sentences are to run concurrently from date of conviction. Meanwhile, the commission also lost a case involving a council Chairman in Kogi State. It was a drama show on January 16, 2014 at the Federal High Court Lokoja, Kogi State as Justice I. E Ekwo granted bail to a former chairman of Adavi Local Government Council, Enesi Jimoh whom he had earlier convicted and sentenced to a six months imprisonment without option of fine for criminal misappropriation of public fund.

 It was alleged that Jimoh who was prosecuted by the EFCC was found guilty by Justice Ekwo on November 13, 2013 of converting N7million belonging to the Council for personal use.

He was arraigned by the EFCC alongside one Samuel Abiodun Ojo, a Commissioner for Agriculture in March 31, 2010. Ojo was however discharged by the court after a no case submission filed by his counsel in June, 2012.

 Upon his conviction, the former council boss, through his counsel Olu Agunbiade, filed an appeal seeking a review of his conviction. Agunbiade wrote to the prison authorities in Koton-Karfe, demanding the health status of the accused person.

It was further learned that on the strength of that letter, the prison authorities took the convict to a specialist hospital where he was allegedly diagnosed of lung cancer. Agunbiade also presented to the court a letter from the prison authorities, stating that the hospital do not have facilities to treat lung cancer.

“On the strength of these letters, counsel prayed the court to grant his client bail on health grounds”, EFCC quipped.

But counsel to EFCC, Wahab Shittu reportedly opposed the application vehemently on the grounds that it would be tantamount to throwing the prison gates open to convicted persons who would want to use health issues to escape serving jail terms.

Wahab in his submission also told the court that the presumption of innocence was no longer available to the convict having been convicted and sentenced.

While dismissing the application as incompetent, Shittu assured that the state would give adequate medical attention to the convict even if it means sending him abroad for treatment. But in his ruling, Justice Ekwo granted the convict bail in the sum of N15million and one surety in like sum. The judge said the surety must be a responsible citizen and owner of landed property within the jurisdiction of the court which value shall not be below the bail sum. “The original title deed shall be deposited at the court registry and the surety shall depose to an affidavit of means”, Justice Ekwo ruled.