Egmont Group settles NFIU status

Emeka Ibemere

With the confirmation on the status of the Nigerian Financial Intelligence Unit, NFIU, by  Egmont Group settled in far away Niamey, Niger Republic, it is now clear that the agency is still a member of the Egmont Group.

With the assurance given to the Agency to continue to discharge its mandatory responsibility in the fight against money laundering, NFIU assured the Egmont of robust relationship to clamp down money laundering and currency trafficking in the country.

NFIU received special commendation for its commitment to the fight against money laundering and terrorist financing at the august 21 plenary session of the Inter Governmental Action Group against Money Laundering, GIABA, in Niamey, Niger Republic.

 At the epoch-making summit, Nigeria was rated first among 16 member states for the FIU's compliance with the FATF 40 + 9 Recommendations using the Mutual Evaluation Reports, MERs, and Follow-up Reports sent to the FATF. 

“This accolade contradicts publication in section of the media alleging that the NFIU had been frozen out of the comity of global Financial Intelligence Units”, Wilson Uwajeren, EFCC  Spokesman stated. 

“One of such reports had alleged that the NFIU, an autonomous body domiciled within the EFCC, stand the risk of being suspended from the Egmont Group by June 1, 2014. This claim, in addition to the report that the NFIU has been disconnected from the Secured Web of the Egmont Group and cannot share intelligence with other Financial Intelligence Units around the world, is unfounded and patently false”.

Continuing, he said. “NFIU’s membership of the Egmont Group is not under any threat. Indeed, the Unit has been discharging its obligations to the Group. The much touted disconnection of the NFIU from the Egmont Secured Web has also become a relic, as the Unit has since been re-connected to the ESW, with unfettered access to other 138 members of the Group”.

This came after a report by a team from the Egmont Group that visited the NFIU to assess the situation in the aftermath of the controversial reported barricade of the Unit by armed security operatives in November 2013.

It was gathered that the fact finding team on the allegations investigated the false claims but observed that the armed security presence at the office of the Agency doesn’t in any way interfere with the operations of the Unit but that the security operatives at the Agency’s office were only deployed to ensure an orderly transition of FIU directors. Uwujaren stated that the team recommended that the NFIU be re- connected to the Egmont Secured Website.

Egmont Group reports and observation on the matter stated thus: “press reports that claimed armed police had seized the NFIU in late November 2013, and attempted to access or destroy NFIU information were unsubstantiated. On the day in question (Wednesday, November 20, 2013), the police entered the NFIU to ensure an orderly transition of FIU directors but the police had no access to NFIU information, include the ESW...”

Meanwhile, EFCC on Tuesday May 13, 2014 arraigned Daniel Solomon and Adams Paul before Justice Evelyn Anyadike of the Federal High Court Kaduna on 6-count charge bordering on obtaining money by false pretence, counterfeiting, conspiracy and cheating.

The accused persons were alleged to have deceived one Boniface Chukwu into parting with various sums of money amounting to N12.5 million under the pretence of doubling the said money.

Also, six years after Justice Marcel Awokulehin sensationally struck out all 170-count charge of money laundering preferred against former governor of Delta State, James Onanefe Ibori by the EFCC, a three-man panel of justices at the Benin Division of the Court of Appeal on, May 15, 2014, ruled that the ex- governor who is currently serving a 13-year jail term in a London prison, has a case to answer.

The unanimous decision of court setting aside the infamous ruling of Justice Awokulehin was delivered by Justice Ibrahim Saulawa and was supported by Justices P. M Ekpe and H. A Barka, respectively. Irked with the controversial ruling by Justice Awokulehin, the then Federal High Court, Asaba, the EFCC, approached the appellate court to set aside the judgment on the grounds that the court erred in law.

The appeal was predicated on four grounds. One, that the trial judge looked at the proof of evidence and evaluated same as if the prosecution had called all its witnesses and trial, has been concluded. Secondly, that the procedure is by way of summary trial and not trial by indictment or information. That the proof of evidence clearly shows a prima facie case has been disclosed against the accused and that His Lordship erred when he held that no case was disclosed against the respondent

Also, the court said, that the judgment is unwarranted, unreasonable and against the weight of proof of evidence filed by the prosecution in support of the charges. Holding that the appeal was meritorious, Justice Salauwa resolved all the four issues for determination in favour of the EFCC, and directed that the matter be re-assigned to another judge of the Federal High Court for continuation of trial.

Therefore, it means that with the recent judgment, it is expected that Ibori is to face trial in Nigeria, upon the completion of his jail term in London. Other respondents in the case are Udoamaka Okoronkwo and Chinedu Ebie.

In another development, former Commissioner for Youth and Sports, Anambra State, Prince Okay Aroh and a former banker with United Bank for Africa, Abimbola Oluwaniyi, were on Thursday, May 15, 2014, arraigned before Justice Oluwatoyin Ipaye of the Lagos High Court, Ikeja on a 6- count charge bordering on conspiracy, stealing, forgery and uttering to the tune of N265million. The former Commissioner and his accomplice ran into trouble, when a petitioner wrote to the EFCC, alleging that in 2009, he deposited N265million in a fixed deposit account with the United Bank for Africa, through the defendants, only for him to discover in 2012, upon maturity of his deposit, that the investment was nonexistent in the bank's record.  Okay was Branch Manager of UBA, Idumota 2 Business Office at the time the transaction took place. 

One of the charges read: “Prince Okay Aroh and Abimbola Oluwaniyi between August 2008 and December, 2009 at Lagos within the Ikeja Judicial Division, whilst being the Branch Manager and Relationships Officer respectively of Oke Arin 2 branch of United Bank for Africa Plc stole the sum of N108M property of United Bank for Africa Plc”.

When the charges were read to the defendants, they pleaded not guilty.

In view of the plea of the defendants, prosecuting counsel, George Adebola, prayed the court to fix a date for trial and to remand them in prison custody.  However, counsel to the 1st defendant, Vincent Nwana, prayed the court to grant his client bail on liberal terms. He informed the court that the 1st defendant had already made an agreement for payment.  “My Lord, the 1st defendant has shown that he will not jump bail, he has good sureties in court who are ready to show up at any time", he said.  In the same vein, counsel to the 2nd defendant, Nonye Anyaegbunam, prayed the court to grant the defendant bail on the grounds that she only carried out duties as instructed by the 1st defendant.

Justice Ipaye granted the 1st defendant bail in the sum of N5million and two sureties with a security of N2million. 

One of the sureties should be a relation of the defendants. The sureties shall be residents of Lagos State and shall provide evidence of tax payments for three years. The second defendant was also granted bail in the sum of N2million and two sureties in like sum. The sureties must present evidence of tax payments. Justice Ipaye adjourned the case to July 3, 8 and 11, 2014 for trial and ordered that the defendants be remanded in Kirikiri maximum prison pending the perfection of their bail conditions.

EFCC, on May 15, 2014 arraigned one Madeline Eyimofe alongside her company, Demoris Environmental Services Limited before Justice R.I. Ahiakwo of the State High Court on one count charge bordering on issuance of a dud cheque. 

Madeline allegedly issued an Oceanic Bank Cheque No 08816714 for N6, 500, million to one Sylvester Igwegbe. The cheque was allegedly returned for lack of sufficient fund when it was presented for payment.  She however pleaded not guilty to the charge. In view of her plea, prosecuting counsel, U.R Ewoh asked the court for a date to commence trial but the defence counsel, E.E Okocha urged the court to grant his client bail.  Justice Ahiakwo granted the accused persons bail in the sum of Ten Million Naira (N10, 000,000.00) with two sureties in like sum.  

 The  charge against the accused reads, “that you Madeline Eyimofe being the Director of Demoris Environmental Services Limited on or about the 2nd day of March, 2011 at Port Harcourt in the Port Harcourt Judicial Division of the High Court did fraudulently issue an Oceanic Bank Plc cheque, no. 08816714 dated 2nd day of March, 2011 in the sum of Six Million Five Hundred Thousand Naira (N6,500,000.00) in favour of Sylvester Igwegbe in the name of your company, Demoris Environmental Services Limited which was to settle your financial obligation with the said Sylvester Igwegbe and when the said cheque was presented for payment within three months of its issue. It was dishonoured due to insufficient funds standing in your credit and thereby committed an offence contrary to Section 1(1)(a) and (b)(i) & (ii) of the Dishonoured Cheques (Offences) Act Cap D11 of the Revised Edition (Laws of the Federation) 2007”. The matter was later adjourned till June 26, 2014 for trial.

Justice Adebisi Akinlade of a Lagos State High Court, sitting in Igbosere on Thursday, May 15, 2014 issued a bench warrant on Oluwaseun Ogunbambo, who is standing trial in a case of forgery and obtaining N610million by false pretence.

Counsel to the EFCC, Rotimi Oyedepo, informed the court about the continued absence of Ogunbambo from court in three previous sessions. He reminded the court that Ogunbambo’s counsel, at the last court session, promised to bring him to court but failed to fulfil his promise. He prayed the court to issue a bench warrant on him. However, Ogunbambo’s counsel, Mobolaji Akintunde prayed the court to give him more time to bring his client to answer the charges preferred against him. “My Lord, I am sorry to tell the court that we are unable to get in touch with the defendant, we sent several mails and made phone calls to the defendant, some are undelivered, even the intermediary between him and us, we have not been able to reach him”, he said.

Justice Akinlade adjourned the matter to June 26, 2004.

Justice Rita Ofili-Ajumogobia of a Federal High Court sitting in Lagos was on Wednesday, May 14, 2014 told that a prosecution witness in the trial of a former Minister of Aviation, Mr. Femi Fani-Kayode was hostile and should be pronounced so by the court.  Counsel to the Economic and Financial Crimes Commission, Festus Keyamo, told the court that, the witness, Mr. Ojo Agbor was hostile to him and gave contradictory testimony in court.

 At the resumed hearing of the case on last week Wednesday, Keyamo presented Agbor before the court as a prosecution witness. Initially, Agbor told the EFCC that, Fani-Kayode, at various times, instructed him to deposit a total sum of N3, 600,000(Three Million, Six Hundred Thousand Naira only) into his account with First Inland Bank. This was contained in a statement he made at the EFCC while he was arrested for interrogation. However, in his testimony before the court on Wednesday, he denied making such a statement.

  According to him,  he deposited  N600,000( Six Hundred Thousand Naira only) into the former minister’s account  on August 2, 2006, on the instruction of a property manager, Mr Kayode, who sent him to pay in the money as rent due. And on August 24, 2006, Agbor said he deposited N3millon (Three Million Naira only) into the account of the accused.

 Faced with the contradictory testimony of Agbor, Keyamo prayed the court to treat the witness as hostile. "This witness has been running away since; he was difficult to find. We had to write his director to produce him this morning" he said. Keyamo also told the court that Agbor refused to do a pre-trial with him before the court proceedings commenced.

To substantiate a claim of hostility of the witness, Keyamo tendered Agbor’s statement he made while in the custody of the EFCC, where he stated that all the money was given to him by Fani-Kayode. But, in spite of all the evidences presented by Keyamo, Agbor insisted that he made his statements at the EFCC’s office under duress. However, Justice Ofili-Ajumogobia granted the prayer of prosecution on hostility of witness.

 Keyamo presented another witness before the court. The witness, Mr. Olasupo Agbaje told the court that, he deposited a total sum of N3, 712,000(Three Million, Seven Hundred and Twelve Thousand Naira only) into Fani-Kayode’s account. The breakdown showed that: N1million was deposited into Fani-Kayode’s account by Agbaje on September 29, 2006 at former First Inland Bank; another N1.1million was deposited on September 20, 2006; N861, 000(Eight Hundred and Sixty One Thousand Naira only) was deposited into the account on August 15, 2006 and N751, 000(Seven Hundred and Fifty One Thousand Naira only) on August 21, 2006.

However, when Mr. Ifedayo Adedipe, SAN, counsel to Fani-Kayode cross-examined him on the lodgements into the former minister’s account, he denied what he earlier told the court. “I cannot recall that I told EFCC that I collected N1million or N1.1million from the accused person”, he said. 

Femi Fani Kayode was alleged to have accepted cash payments in the tune of N100 million, while he held sway as Minister of Aviation and Minister of Culture and Tourism respectively.

Justice Ofili-Ajumogobia adjourned the matter till June 23 & 24, 2014, for continuation of trial.