Executive fraudsters on the rise

Emeka Ibemere

Last week, when the Economic and Financial Crimes Commission (EFCC) arraigned an alleged traditional ruler, Cornelius Nwoga, Nze Obi IV, before Justice V. Agishi of Federal High Court, Enugu, Enugu State, it wasn’t sure if the self-acclaimed Royal father had any kingdom.

It was later dawned on the EFCC operatives that his only domain, was in the area of fraud.

Cornelius Nwoga was slapped with an 8-count charge of conspiracy and obtaining money under false pretence.

The EFCC said the accused allegedly conspired with a syndicate to defraud one Okey Marcel of the sum of N12.4million by falsely presenting himself as a staff of Agip Oil Company and awarding a contract to construct five boreholes to Okey Marcel with the pretence that Agip Oil Company was awarding contracts for Aggah town, Egbema, Rivers State.

Other members of the syndicate, who are now on the run, include Njoku Odili Eze, Ikechukwu Obi, Chinasa Osadebe and one Donatus Azubuike alias Engineer Casmir who had already been convicted.

Count three of the charge reads: “that you, Nze Cornelius Nwoga (also known as HRH Nze Obi the 4^th), Azubuike Donatus (also known as Engineer Casmir now convicted), Chinasa Osadebe (now at large), Liu Ali (now at large), Ikechukwu Obi (now at large), Njoku Odili Eze (now at large), on or about the 20^th day of August 2009 at Enugu, Enugu State within the jurisdiction of the Federal High Court of Nigeria, with intent to defraud; obtained the sum of N2,500,00.00(two million five hundred thousand naira) from one Mr. Okey Marcel Nwanekezie, when you falsely represented yourselves as staff of Agip Oil Company and elders of Aggah village with a contract to construct five (5) boreholes in Aggah village, which pretence you knew to be false and thereby committed an offence contrary to section 1 (1) (b) of the Advance Fee and Other Fraud Related Offences Act, No.14 of 2006 and punishable under section 1 (3) of the same Act”.

The accused person pleaded not guilty to all the charges.

Based on the plea of the accused person, prosecuting counsel, Innocent Mbachie, asked the court to fix a date for the trial and to remand the accused in prison custody.

Attempt by the defence counsel, Sunny Onyike to move the motion for bail for his client was opposed by prosecution counsel on the ground that he has just been served in the court and so would need time to respond to it. Justice Agishi adjourned the matter to April 14 2014, for hearing on the bail application while the accused person was remanded in prison custody.

Also docked by
the Economic and Financial Crimes Commission, on April 7, 2014 were the duo of Mohammed Bello Abubakar and Abubakar Abdullahi Ahmed, Permanent Secretary and Deputy Director of Sokoto State Ministry of Education respectively before Justice Rilwanu Aikawa of the Fed High Court, Sokoto.
Abubakar and Ahmed were docked on a 43-count charge bordering on conspiracy, forgery and money laundering.
The suspects who are both civil servants are alleged to be living above their means as the extents of their assets are not supported by their legitimate sources of income.

According to EFCC, Abubakar is said to own five companies: -Rose Gallery Nigeria Limited, Silver Spring Concept, Gidadawa Global Ventures, BAG Interiors and Eco Habitat Nigeria Limited with various bank accounts.

The suspect also has properties at various locations across Sokoto State. One of the charge reads: “that you Abubakar Ahmed while being the Director of Finance, Ministry of Local Government and Community Development, Sokoto State and Sitex Multi Service Limited, on or about the 9^th day of September 2009 at the Sokoto Judicial Division of  the Federal High Court of Nigeria, did transfer the sum of sixty nine million naira (N69million) from Sokoto State Joint Account into Sitex Multi Service Limited account number 0037193066 in Ecobank Plc. with the aim of disguising the illicit origin of the said sum of forty million, eight hundred and seventy five thousand seven hundred and fifty four naira (N40, 875, 754) so as to evade the consequences of your action and thereby committed an offence punishable under section 14 of the Money Laundering ( Prohibition)Act 2004.”

For Mohammed Bello Abubakar’s count charges  read:
"That you, Mohammed Bello Abubakar while being the Permanent Secretary of the Ministry for Local Government and Community Development, Sokoto State, Abubakar Abdullahi Ahmed while being the Deputy Director Ministry for Local Government and Community Development, Sokoto State and Rose Gallery Nigeria Limited on or about the 6th day of May, 2008 at Sokoto Judicial Division of the Federal High Court of Nigeria did collaborate in disguising the illegal origin of the sum of two million, five hundred thousand naira (N2,500,000.00) into Rose Gallery Nigeria Limited account number 351337760120 with Guaranty Trust Bank Plc and thereby committed an offence punishable under Section 14 of the Money Laundering (Prohibition) Act, 2004. "

The accused persons pleaded not guilty to all 43 count charge when it was read to them.
Upon their plea, counsel to EFCC, I.O Uket urged the court to fix a date for trial and remand the accused persons in prison custody. But the defence counsel, Y.C Maikyau, SAN prayed the court to admit the accused persons to bail saying that the alleged offences for which they are being prosecuted are bailable. Maikyau said that both accused persons had been granted administrative bail by the Commission and have not jump bail.
Maikyau further told the court that the first accused person, Abubakar is a diabetic patient who is presently on medication and requires regular check-up to monitor his blood sugar level.

He therefore urged the court to admit his clients to bail assuring that they are ready to make themselves available for trial.
While opposing the bail application, Uket told the court that the accused persons, if admitted to bail, are likely to interfere with witnesses. The prosecution added that, though bail is at the discretion of the court, diabetes is a common ailment which can easily be treated in prison should the accused person be remanded in prison custody. He therefore urged the court to refuse the application.

After listening to the arguments of both counsel, Justice Aikawa granted bail to the accused persons in the sum of N10m each and one surety in like sum. The surety must not be below the rank of a Director in Sokoto State Civil Service. The accused persons are to deposit their international passports with court and to be reporting to EFCC every first Monday of a new month till the end of trial.

The judge however struck out the application in respect of the release of the properties of the first accused person seized by EFCC during investigation as prayed by the defence and consequently adjourned the case to May 20 and 21, 2014 for trial to commence.

On the same alleged executive financial corruption is Sani Lulu Abdullahi.   Sani Lulu Abdullahi, former chairman and three other Board members of the Nigeria Football Federation, NFF have been on trial in the last four years.

On April 3, 2014, before Justice E.S Chukwu of the Federal High Court, Abuja the former football technocrat was docked.

Abdullahi is being prosecuted by the Economic and Financial Crimes Commission, EFCC alongside Amanze Uchegbulam, Bolaji Ojo-Oba and Taiwo Ogunjobi for offences bordering on conspiracy and breach of due process which EFCC said was in contravention of the Public Procurement Act.

At the resumed hearing of the case, an operative of the EFCC, Adeniyi Adebayo while being cross examined by Akin Olujimi, SAN, counsel to the 2^nd and 3^rd accused persons, told the court that the accused persons breached due process in the purchase of two Marcopolo buses as approved by the National Sports Commission.

Adebayo had told the court that contract for the purchase of the two buses was awarded to Ekene Dili Chukwu through ‘Direct procurement Option’ at the rate of N99m. He stated that the National Sports Commission, NSC like every other ministry sets threshold for its agencies.

“The threshold was N20m and for a committee to go beyond the threshold, it has to revert to the supervising body,” he told the court. 

Adebayo further told the court that the accused persons, instead of reverting to NSC for approval after the contract with Ekene Dili Chukwu was terminated, unilaterally re-awarded the contract to another company, CNBC Nigeria Limited for the same sum of N99m.

The witness further stated that CNBC Nigeria Limited rather than supply the two Marcopolo buses as stipulated in the contract agreement, supplied two Iriza buses which were of inferior quality. The two Iriza buses supplied, according to him, lacked some essential parts which had to be replaced.

After listening to the witness, Justice Chukwu adjourned the case to May 7, 2014 for continuation of trial.

The former NFF top officials who are facing a 10 count charge bordering on conspiracy and breach of due process were first arraigned in October, 2010.

Count one of the charge reads; “That you Sani Lulu Abdullahi (M), Amanze Uchegbulam, Dr. Bolaji Ojo-Oba and Taiwo Ogunjobi on or about the month of February 2009, in the office of the Nigeria Football Federation in Abuja, within the Abuja Judicial Division of the Federal High Court, while being Board members of the Nigeria Football Federation, conspired to commit an offence of felony to wit: refusing to follow due process by not requesting for suppliers, but rather without legal justification opted for emergency procurement procedure in the procurement of two numbers Mercedes-Bens Iriza buses and thereby committed an offence contrary to and punishable under S. 518 (1) and (7) of the Criminal Code Act cap. C., 28 Laws of the Federation, 2004”.

In the other development about three fraudsters have been jailed in the last one week. Leading the pack is one Ismaila Muhammed was sentenced to 12 years imprisonment by a Federal High Court sitting in Bauchi and presided by Justice Mohammed Garba Umar.

Ismaila had on March 6, 2014 pleaded guilty to all four-count charge bordering on conspiracy, fraud and currency counterfeiting when he was arraigned by the Economic and Financial Crimes Commission. 

One of the charges alleged that the convict conspired with one Aminu Bauchi, now at large, to utter 59 pieces of counterfeit United States of American  Dollar bills in $100 denomination and thereby committed an offence contrary to and punishable under section 6 (2) (b) and 5(1) of the Counterfeit Currency (Special Provisions) Act Cap.C35 respectively.

Based on the guilty plea by the accused, the court convicted him accordingly but reserved sentencing for another day.

Before sentencing the convict, Justice Umar alluded to the prayers of the defence lawyer, A. I. Kafarati who pleaded passionately on behalf of the convict for leniency, being a first offender and family man with large responsibilities.

The judge therefore sentenced him to three years imprisonment on each of the four count charge. The sentences are to run concurrently with effect from the date of arrest of the convict, which is January 2014.

Jailed also by Justice Dije Abdu Aboki of Kano State High Court on Monday March 31, 2014, was one Hadiza Mustafa. The former staff of Mainstreet Bank, Hadiza Mustafa was convicted and sentenced to five years imprisonment.

The convict who was arraigned by the Economic and Financial Crimes Commission, EFCC alongside Mahmud Sule, on a 10-count charge that borders on forgery and theft of depositor’s fund, was convicted on 9 of the counts. Justice Aboki sentenced her to 12 months imprisonment on count two and six months imprisonment on counts three to 10. The convict was equally to pay a fine of N120, 000. The sentences are to run concurrently. The trial judge further ordered that the convict should pay the sum of N13million in restitution to the bank.

 The first count of conspiracy under which the second accused was charged, was dismissed for lack of evidence. Consequently, the accused was discharged and acquitted.

  One of the charges against the convict reads:,  “that you Hadiza Mustapha and Mahmud Salihi being bankers  and staff of former Afri Bank (now Mainstreet Bank Plc) sometime between the Months of March and June 2011, in Kano within the judicial division of the High Court of Justice Kano State illegally diverted and dishonestly misappropriated the sum N10m (Ten Million Naira Only) being part of N100m (One Hundred Million Naira Only)  meant for  fixed deposit belonging to one Alhaji Munnir Adamu which he gave you for safe  keeping and you thereby committed an offence punishable under Section 315 of the Penal Code Law”.

As that wasn’t enough, another judge, this time, Justice A. M Liman of the Federal High Court, Benin also convicted and sentenced one Larry Edomwonyi (alias Markus Erixson) to six years imprisonment.

Edomwonyi bagged three years each on two of the six count charges of obtaining money by false pretence, slapped against him by the EFCC. The sentences are to run concurrently from the date of his arrest.

The convict was among the suspected internet fraudsters who were arrested by members of the operation Pulo Shield of the 4 Brigade, Nigerian Army, Benin in 2013 and handed over to the EFCC, for further investigation and prosecution.

The charge on which the accused was convicted reads that Larry Edomwonyi (aka Markus Erixson) on or about on the 15^th day of July 2012 at No. 56 Siluko Road, Benin City under the jurisdiction of this honourable court with intent to defraud did obtain the sum of USD 1,000.00 from one Pat,  an American national through Western Money under the false pretence that he was a British Citizen and in love with her and thereby committed an offence contrary to section 1 (1)(a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under section 1 (3) of the same Act.