Monday, 9 September 2013

Corruption in civil service worries EFCC Boss







Emeka Ibemere

Corruption in both Civil and Public Services in Nigeria is on the high side. Recent arrests by the Economic and Financial Crimes Commission has shown that corruption in the civil service has reached all time high in recent time with the EFCC, cracking down on various public service institutions.
 From the State governments to Federal institutions, the crimes committed by these Public Servants are parallel to those in the corridors of power. Then Check out:
They were everywhere during the eight year old reigning of the Former Governor of Enugu State, Chimaroke Nnamani, who allegedly ran his state like his personal business.  
Jude Benjamin Amanze, Chinelo Nwigwe and David Nwigwe, were recently declared Wanted by the Economic and Financial Crimes Commission following the arrest warrant issued by Justice M. N. Yunusa of the Federal High Court, Lagos.
 The Economic and Financial Crimes Commission declared the trio of Jude Benjamin Amanze, Chinelo Nwigwe and David Nwigwe wanted for allegedly facilitated the financial rape of the old capital of the defunct Biafran Republic.
They are wanted by the anti-graft agency in connection with the case instituted against former governor of Enugu State, Dr. Chimaroke Nnamani who is alleged to have diverted public funds and embezzled billions of naira when he held sway as governor of the state from 1999 to 2007.
Amanze who was the governor’s special aide is  alleged to have served as a conduit in siphoning over N514,833,564.60 (Five Hundred and Fourteen Million, Eight Hundred and Thirty Three Thousand, Five Hundred and Sixty Four Naira, Sixty Kobo) belonging to Enugu State government. 
Investigation by the Commission revealed that a road construction contract awarded to one Chief Jacob Nwatu between 2002 – 2003 was not unexecuted. Yet, N514, 833,564.60 was paid for the contract, which was traced to the Zenith Bank Account of Chief Nwatu.
Further investigations revealed that a sum of N350,000,000 was latter moved from this account into three Zenith Bank accounts operated solely by Jude Amanze. Amanze was also said to have warehoused other funds in the said Zenith Bank accounts which were disbursed either directly to or for the benefit of persons connected with the former governor, his companies or associates. But when the bubble burst for the trio, they took escape route to only God knows whereabouts.
Efforts by the Commission to get Amanze and the two other suspects whose evidences are said to be vital in the case, to report to the Commission and answer questions have been unsuccessful. They are believed to have fled the country for some safe haven abroad. The EFCC implores anybody having useful information as to their whereabouts to contact the Commission in its Enugu, Kano, Lagos, Gombe, Port Harcourt and Abuja offices or through these numbers:09-4604620,  070-26350721,070-26350722,070-26350723,070-6350724, 070-26350725;ore-mail address: info@efccnigeria.org or the nearest Police Station. If you think that these three are the only civil servants accused of official corruption, then you have not been following the massive crack-down of civil servants who are competing head to head with politicians in official filthy lucre.
Earlier this week,
EFCC received an interim order from Justice Sunday E. Aladetoyinbo of the Federal Capital Territory High Court, Abuja to take possession of the assets and properties of Atiku Abubakar Kigo and Mrs. Uzoma Cyril Attang.
 Both accused persons were involved in the N32.8 billion Police Pension scam.
The order given July 30, 2013  pursuant  to section 29 (a) and (b) of the EFCC Establishment Act 2004, also covers the freezing of the accounts of the suspects pending the hearing and final determination of the corruption case filed against them.
Both suspects were Assistant Director at the Police Pension Office between 2005 and 2008 and Kigo who was the Director of the Police Pension Office before being made Permanent Secretary was first arraigned on March 29, 2012, on 16-count criminal charge bordering on conspiracy and criminal breach of trust before Justice Mohammed Talba of the High Court of the Federal Capital Territory, Gudu, Abuja alongside seven others. But because of her absence during the first arraignment, Attang was later arraigned.
Forty Six of the attached properties situated mostly in Lagos and Abuja belong to Attang while Kigo whose properties had earlier been attached had another of his plot of land at Gudu district attached.
Among properties belonging to Attang covered by the interim order are : a block of 4 flats at 3 Mama Ada Street, Alasia, Ajah, Lagos; a block of 4 flats at 33 Pamona Street, Sun City Estate, Abuja; Blocks of Flats at 71 Pamona Street, Sun City, Abuja; a Piece of Land and  3 Bedroom Duplex along Ajah- Epe Express Way, Alasia – Lagos; 2 blocks of 3 bedroom Duplex at 13 & 15 Adele Road, Apapa, Lagos; 2 Units of 2 bedroom Bungalow at Plot E148, Prince and Princess Estate, Abuja; 3 bedroom bungalow at 44 Main Street, Sun City, Abuja; 3 bedroom bungalow, 8 Pomona Street, Sun City, Abuja and 5 bedroom House, at 12 Olushola Agbaje Street, Lekki Phase 1,Lagos.
Other properties include: 5 bedroom House at Ikot- Nseten,Ikono, Akwa Ibom State; 4 bedroom house at Ikot Ekpene, Akwa Ibom State; Shops 1,2 & 3 at Garki 2 Ultra Modern Market, Abuja; Shops/Office B74 & B76,Effab Mall, Area 11,Gark- Abuja; Shops E1 to E5, F6 & F7 at Oba Elegushi Market, Jakande Estate, Lekki-Lagos; Shops D11,C03,C04,C07,C08 & D02 at Effab Mall, Area 11,Garki-Abuja; Shops 174,176,185,186 &187 at Ikota Shopping Complex, Ajah, Lagos; a Warehouse at 3, Nwanyinkwo Street, Ajah, Lekki, Lagos and a Water Factory at Industrial Estate, Idi Iroko Road, Otta, Ogun State.
Also attached are some companies allegedly operated and used as conduits by Attang to siphon public funds. These are Anifon Nigeria Limited; Enyiuzo Ventures Limited; Quill Ponte Nigeria Limited; Royal Diadem Business Logistics Limited; Status Symbols Rental Limited; Status Symbols Fashion Limited and Status Travel & Tours Limited. In addition, 22 accounts in various banks purportedly used to launder the stolen funds are frozen.
In Oyo State, EFCC arrested a syndicate of fraudsters implicated in the stealing of N1.7billion pension funds meant for retirees of Oyo State Primary Schools. All the 17 suspects were civil servants. The alleged fraudsters numbering 17 were arrested separately by operatives of the Commission. The Principal suspects involved in the scam are: Muili Hakeem Aderemi- former Executive Secretary, Oyo State Local Government Pension Board and Iyabo Giwa- former Treasurer, Oyo State Local Government Pension Board. Others are Adeshina Jimoh Ayoade- former Cashier, Oyo State Local Government Pension Board; Oguntayo Banji- former Internal Auditor, Oyo State Local Government Pension Board and Adebiyi Olasunbo Musendiq- former Admin Officer, Oyo State Local Government Pension Board.

The rest are:  Muili Adedamola; Salewa Adedeji; Kareem Rasheed; Johnson Bosede; Adeduntan Johnson; Olomide Olaide; Oyebamiji Akinlolu; Adewale Kehinde; Saka. M. Ikeola; Oluokun Funmilayo; Oyetunji Taiwo and Olujimi Philip Adebayo.

 Investigations by the EFCC showed that all the pension offices in the 33 Local Governments in Oyo state were affected by the scam.
The Pension Board reportedly received a total sum of N4, 140,020,501.72 from both the Federation account and the Oyo State Government between September 2010 and February 2011.
Daily Newswatch gathered that out of this amount, a total cash withdrawal of N1.711, 894, 667.05 was fraudulently made by the suspects. Items recovered from the suspects include buildings; poultry farms; power generating sets and undeveloped plots of land
 The suspects are expected to be charged to court as soon as investigations are concluded next week.
From Kano State, is one Tope Ajayi who was alleged to be involved in digital satellite broadcast scam. Ajayi was picked up by operatives of EFCC from his apartment located at 26 Link Bawo Road in Hausawa area of Kano following intelligence report.
Over 100 decoders and other computer gadgets were recovered from his server room by operatives of the Commission during a search on his apartment.
 Ajayi who claimed to have worked with Skye Bank Plc is said to be a major digital satellite broadcast scammer. He is alleged to have a server that links up with a server in China and an unknown Internet Service Provider, ISP, somewhere in Europe and the United State of America.
The suspect is also alleged to be engaged in illegal importation, selling and distribution of pirated devices popularly known as Dungle which enables subscribers to have free access to Multichoice satellite signals across West and Central Africa.
According to Mr Frikkie Jonker, Senior Anti-Piracy Manager, Multichoice, Ajayi’s server is considered strong as it controls its counterpart server in China and distributes satellite signals to a host of West African and Central African countries including Senegal, Burkina Faso, Ethiopia, Nigeria, Ghana, Kenya Uganda and Benin Republic .
It was also revealed that the suspect had been extracting control words from Multichoice cards in Nigeria and sending same to a server in China which is connected to an ISP server placed somewhere in Europe and America. Jonker, who expressed his gratitude to the EFCC for the arrest, described the scam as one of the biggest in recent time. Ajayi will be arraigned in court when investigation is concluded, Wilson Uwajeren stated in a Press Release made available to our Correspondent in Lagos.
Wilson Uwajeren, Ag. Head, Media & Publicity of the EFCC said the Commission has also re arraigned an aide to the Speaker of the Lagos State Adeyemi Ikuforiji alongside his Personal Assistant, Oyebode Atoyebi on a 54-count amended charge before Justice Ibrahim Buba of the Federal High Court, Ikoyi, Lagos.  
The EFCC alleged that the defendants had sometime between April 2010 and July 2011 conspired and accepted various cash payments amounting to N503 million from the House without going through a financial institution.
Ikuforiji and his aide were initially charged before Justice John Tsoho of the Federal High Court in December 2011, but the judge later opted out of the case.
They were re-arraigned before Justice Okechukwu Okeke who retired in May 2013 necessitating their re-arraignment before Justice Buba. When the matter came up, counsel to EFCC, Godwin Obla told the court that the matter was for re-arraignment. 
 He sought the leave of court to invite the two accused persons to the dock to take their plea. The charges were then read to them and they pleaded not guilty.
 After taking their pleas, counsel to the first defendant, Tayo Oyetibo, SAN, and Tunde Akinrimisi who appeared for the second defendant told the court that they have submitted bail applications on behalf of their clients.  Oyetibo said the first defendant presented himself for trial before the case was re-assigned and so he assured the court that the defendant will also be present before the new Judge for all proceedings in the case. He urged the court to retain the previous bail granted by the former Judge.
Obla told the court that he was not opposing the bail applications. He said the discretion to grant bail or not resided with the court but he urged the court to ensure that the defendants appear for trial.
In his ruling, Justice Buba admitted the first and second defendants to bail in the sum of N5billion and two sureties in like sum. He said the sureties should produce before the court’s registrar a sworn affidavit of means. The defendants were also ordered to sign an undertaking before the court that they will be present for trial and that they will avoid any move that will delay the trial. 
 After the ruling, counsel to the two defendants in separate appeals however asked the court for a variation of the bail term.  They said it will be difficult for the defendants to meet the N5billion and two sureties bail conditions. Oyetibo said the defendants are public servants who will find it difficult to meet the terms. Justice Buba subsequently varied the bail conditions and admitted the defendants to bail in the sum of N1billion.  He adjourned the case till September 25, 26 and 27, 2013 for commencement of trial.
 Another Civil Servant, one Abubakar Sadiq Musa, of Pilgrim Board was arraign before Justice Adebukola Banjoko of the High Court of the Federal Capital Territory sitting in Gudu, Abuja on a 5-count charge bordering on criminal breach of trust, forgery and falsely obtaining over N9million from intending pilgrims. The arraignment followed the re-arrest of the accused that had jumped an administrative bailed earlier granted him by the EFCC.
 The accused and his accomplices, Mr Tijani Iliyasu and Hajiya Hadiza, allegedly used forged documents to dishonestly collect the sum of N9, 883,000.00 from one Murtala Abdullahi and his partners in order to secure visas for intending pilgrims to the 2012 Hajj.
One of the counts in the charge read; "That you Abubakar Sadiq Musa, on or about 9th October, 2012 in Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory with intent to defraud did obtain the sum of N4,500.000 ( Four Million Five Hundred Thousand Naira Only) from one Hadiza Tanko Mohammed of Okomoko Street, D/Line Port Harcourt, Rivers State, being part payment of a total sum of N11,500,00.00 , which you claimed to use for procuring visas and other travelling documents for 23 intending pilgrims for Hajj Pilgrimage, a fact which you knew to be false and thereby committed an offence contrary to section 1(1)(a) and punishable under section 1 (3) of the Advance Fee Fraud and Other Related Offences Act 2006”. Though, the accused pleaded not guilty to the charge when it was read to him, his counsel, Alozie Merengwa was forced to seek leave to file an oral application for bail claiming that he was recently briefed and didn’t have enough time to make a written application. The prosecution counsel, Gift Odibo however objected.
She told the court that the accused had jumped an administrative bail earlier granted him, and that he could not be arraigned at the last adjourned date until he was re-arrested in Kano and Justice Banjoko thereafter ordered that the accused be remanded in Prison custody. 
On Friday May 31 2013, EFCC arraigned the trio of Helyn Aninye, Chizobam Ben-Okafor and Pon-Specialised Services Limited before Justice Olasumbo Goodluck of the Federal Capital Territory High Court, Abuja on an 18-count charge of conspiracy to obtain money by false pretence from the Federal Government of Nigeria under the Petroleum Support Fund.
The duo alongside their company were said to have conspired to obtain the sum of N1, 413,507,951.50,  from the Federal Government of Nigeria by falsely claiming that the sum represented subsidy accruing to Pon-Specialised Services Limited under the Petroleum Support Fund for the importation of 15,000 MT of Premium Motor Spirit. The accused persons pleaded not guilty to the charge when it was read to them.
Counsel to the accused then asked the court to grant the accused persons bail. He told the court that the accused persons have been granted administrative bail by the EFCC and that they would be available to face their trial. Justice Goodluck granted the accused persons bail in the sum of N5 million each and two sureties in like sum. The sureties should be directors in federal government ministry/parastatals or in a company established to the satisfaction of the court with a verifiable registered office within the Federal Capital Territory. The sureties must possess landed property and be resident within the jurisdiction of the court. They are also to deposit their international passport with the court registrar.

The arraignment of the accused persons was aborted on several occasions as their counsel, Olisa Agbakoba, a Senior Advocate of Nigeria, SAN through various applications sought to frustrate court processes. In November 2012, when the Commission first sought to arraign the accused persons, Olisa Agbakoba, a human right lawyer and activist, told the court that there was no prima facie case against the accused persons and so they could not be arraigned.  He argued that the proof of evidence failed to disclose any offence against the accused persons.  “My lord assuming there are offences to be disclosed, they have not in any way been linked to the applicants, and these links must have a prima facie element to the accused persons,” he told the court.
Adebola Sobowale, who was also held brief for Olisa Agbakoba, engaged the court with series of applications and motions, praying the court not to entertain the charge against the accused.  
On the 30th of April, 2013, the defence counsel filed a motion praying the court to decline the prosecution leave to prefer charge against the accused persons and to strike out the 18 count charge on the grounds that the charge were incompetent.  Also, on the 13th of May, 2013, the defendants filed another application praying the court to stay further proceedings on the matter and to quash the charge against them.
However, Justice Goodluck in her ruling stated that the applications were premature and ordered the accused persons to take their plea.
As that was not enough, Justice Adamu Bello of the Federal High Court, Abuja on Thursday August 29, 2013 tendered an unreserved apology for the delay in ruling on a no case submission brought by former Executive Secretary, Universal Basic Education Commission, UBEC, Prof. Bridget Omotunde Sokan and six others in the N787 million fraud case instituted against them by the Economic and Financial Crimes Commission.

The other accused persons who were first arraigned on May 18, 2009 on a 63-count charge that borders on fraudulent inducement, criminal conspiracy and subversion of due processes in the award of contract and other offences are: Molkat Manasseh Mutfwang, Dr. Andrew Ekpunobi, Michael Aule and companies used in perpetrating the fraud, Inter-markets USA; Intermarkets Nigeria Limited and Alexander John Cozman, a foreign contractor.
 EFCC said that at the resumed hearing of the case Justice Bello said that his inability to deliver the ruling on November 6, 2012 was due to the overwhelming volume of cases before him.

 “I have to seek your consent in summoning you all in spite of the break to re-adopt your addresses before I can proceed in delivering this ruling”, he said.

In re-adopting his response to all the written addresses brought by the accused persons, the prosecution counsel, Wahab Shittu Stated: My Lord, I urged the court to be guided by the fact that the only legal requirement at this stage for consideration was whether there are legally admissible evidence and material entitling the accused persons to respond to the accusation against them by way of defense.”

He further prayed the court to call upon the accused persons to enter into their defense as there is legally admissible evidence for them to do so.

Earlier, the team of defense lawyers which include Caleb
Muftwang, I.K. Ijeoma, R.Okotie Eboh,and  Oluwole Aladoyin gave a brief of their written addresses as it pertained to their dates of submission and went on to re-adopt same in support of their no case submission.

One after another, they urged the court to discharge their clients as, according to them, there was no case against them.

It would be recalled that the case which has lingered for five years, has seen the EFCC calling up several witnesses including Dr Ahmed Modibo Mohammed, Executive Secretary Universal basic Education Commission, UBEC; Mr. Shamsudeen Umar, Assistant Manager, Corporate Affairs Commission, CAC; Usman Tahir who was part of the investigation team from EFCC and Ben Agweye, a forensic expert.
From their testimony, four of the six companies that bided for the supply of plastic chairs and desk to all junior secondary schools in the federation had no evidence of registration with the CAC.
 They further stated that there was no competitive bidding process leading to the award of contract neither was there any newspaper advertisement in line with extant procurement regulations.

It was also revealed by the Evaluation Report that over N787m was paid as mobilization fee representing 85% of the contract sum as against the 25% in the “contract agreement”. Justice Bello has reserved September 18, 2013 for ruling.


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