EFCC fights barons of booming Lottery Scam

Emeka Ibemere

Anytime you receive an SMS purported to have emanated from any of the communication outfits- Globacom, MTN, Etisalat or Airtel, please look before you leap. Reason?

 It’s because such SMS are coming from the headquarters of fraudsters, who dupes people using the booming lottery scams that involve the use of such communications providers.

For several years, these cheats have operated unabated using the networks to defraud unsuspecting members of the public and smiling to the banks. The SMS came with an explanation that the victim- to- be- has won some amount of money in an ongoing ‘recharge and win promo’ of the preferred network and that you have to pay some amount of money to redeem your win.  With this prank, the gullible victim, who didn’t apply for any promo engages into the fry, and would be fleeced. This is the case of one Dr. Christopher Onwubuemeli, who was at the verge of losing N2million from the fraudsters before the bubble burst for the criminals.

According to Onwubuemeli, in 2011, the duo of Egbearo Friday and Samson Akpaibor sent him an SMS message purported to have emanated from Globacom, and informed him that he had won two million naira in an ongoing recharge and win promo.

He further alleged that he was asked to pay some amount of money as taxes and surcharges before he could claim his two million naira prize money. Not comfortable with the arrangement, he alerted the Economic and Financial Crimes Commission on the matter and the Commission placed tabs on the suspects. The duo were arrested and arraigned by the EFCC for attempting to obtain a sum of N2million from their victim in a fake Globacom promo lottery.  The duo of Egbearo Friday and Samson Akpaibor are now to spend seven years behind bars.

The jail term was handed to the fraudsters on May 30 by Justice A. M Liman of the Federal High Court, Benin who found them guilty on all 17-count charge that borders on obtaining by false, preferred against them by the Economic and Financial Crimes Commission.
Egbearo and Akpaibor were first arraigned on June 17, 2013 following their arrest in the wake of a complaint by Dr. Christopher Onwubuemeli.
On conclusion of investigation, the case was duly charged to court with the accused persons pleading not guilty to the charges.  However on April 9, 2014, after almost one year of trial, the defence informed the court that the accused persons wanted to change their plea on the strength of the prosecution’s case against them.
On May 28, 2014, Egbearo Friday and Akpaibor Samson pleaded guilty to all 17 counts of the charge preferred against them and were sentenced to seven (7) years imprisonment on each of the 17 counts. The sentences are however to run concurrently.
In addition, the convicts are to make restitution as follows: The Ecobank account number – 0042250938 belonging to the first accused (Egbearo Friday) used in defrauding people is to be relinquished to the Federal Government through the EFCC. The sum of eight hundred and twenty nine thousand, five hundred and thirty six naira, ninety five kobo (N829, 536.95) standing as balance in the account should be relinquished to the EFCC. “From this money, a sum of One hundred and seventy four thousand naira (174,000.00) should be paid to John Alidu (a victim) in restitution and the balance forfeited to the Federal Government”, the judgement reads.

In another development, seven suspected oil thieves and two vessels, MT CERGEN D and MT RHEINFELDEN, have been handed over to the Economic and Financial Crimes Commission, EFCC, for further investigation and prosecution by officers of the Central Command of the Nigerian Navy in Yenegoa, Bayelsa State.

Commodore Bamidupe Babagbale, who represented the Navy at the brief ceremony on May 28, said that the vessels were arrested at different times by his team.

He revealed that the team discovered that the first vessel which name was altered from MT MARIA BROSSUM to MT CERGEN D was arrested on March 18, 2014 at Fish Town loaded with 2,356,000 litres of cargo suspected to be stolen crude oil, and six crew members: Dauda Usman, Adelaja David, Alowakenu Mathew, Edelman Bayo, Ogja Aghedo, Adedara Tope.

At the time of arrest, the crew members allegedly had no approval to lift crude oil.

 The second vessel, MT RHEINFELDEN, was arrested on April 19, 2014 around Akassa carrying 849,612 tons of illegally refined automotive gas oil, AGO. Aboard the vessel was one Salami Kazeem (chief officer).

 The suspects and the vessels were received on behalf of the EFCC by a Senior Detective Superintendent, Olayinka Macaulay.

Also, EFCC, on Tuesday, June 3, 2014, arraigned the duo of Ahmed Ali Mohammed and Nuhu Ibrahim Ishaq before Justice Ibrahim Christopher Auta of the Niger State High Court, Minna on a 6-count charge bordering on conspiracy, forgery and obtaining by false pretences. 

The suspects allegedly paraded themselves as directors of Sandabe International Company Limited and, in that assumed  capacity, fraudulently obtained the sum of N140,000,000.00 (one hundred and forty million naira) from one Hon. Mohammed Umar Bago.

The count two of the charge reads:

"that you Ahmed Ali Mohammed, and Nuhu Ibrahim Ishaq, sometime between 1st March, 2010 and 1st April, 2010 at Minna in Minna Judicial Division of the High Court of Niger State, with intent to defraud obtained the sum of N140,000,000.00(one hundred and forty million naira) from one Hon. Mohammed Umar Bago under the false pretence that you own a company known as Sandabe International Company Limited which has a partnership agreement with MTN to deal in MTN products and that you will invest the said amount into the company's MTN business on his behalf and to be giving him an interest of six percent (6%) of the capital invested every month, which you knew to be false , 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". The accused persons pleaded not guilty when the charge was read to them.
Upon their plea, counsel to EFCC, Ibrahim Audu urged the court to fix a date for trial to commence and remand the accused in prison custody.

However, defence counsel Aisha H. Shehu prayed the court to admit her clients to bail saying the offence for which they are being prosecuted was bailable.

Audu, however, opposed the bail application on the grounds that “the offences are severe in nature”, and carry a minimum imprisonment of seven years.

Justice Auta, after listening to the arguments of counsel, asked the defence to make a formal application and ordered the accused persons to be remanded in prison custody.

The case has been adjourned to June 19, 2014 for hearing on the bail application. As that wasn’t enough, on May 28, 2014 EFCC arraigned one Igwilo Emeka Henry before Justice Chudi Nwankwor of the Anambra State High Court, Onitsha on one count charge of obtaining money by false pretence and issuance of dud cheque. 

The accused who is a trader allegedly made a deposit of two hundred thousand naira (N200, 000.00) to Party West Nigeria Limited to facilitate the release of goods worth Three Million Naira to him.

The goods were released on trust, with the understanding that the balance would be paid within two weeks. At the expiration of the deadline, the suspect issued the company a UBA cheque No. 14725821 for Two Million, Eight Hundred Thousand Naira (N2.8M). The cheque was however returned unpaid due to insufficient fund in the account.

 The charge reads, “Igwilo Emeka Henry, on or about the 30^th day of June, 2012 in Onitsha within the jurisdiction of the High Court of Onitsha, Anambra State with intend to defraud, knowingly and fraudulently issued a United Bank for Africa (UBA) Cheque No, 14725821 dated 30^th June, 2012 in the sum of Two Million, Eight Hundred Naira (2,800.000.00) to Party West Nigeria Limited which when presented for payment within three months of issuance was dishonoured on the ground of insufficient funds in the account on which the cheque was drawn and thereby committed an offence”.

 The offence Contrary to section 1(1) (a) of the Dishonoured Cheques Offences Act, Cap D11, Laws of the Federation, 2004 and punishable under section 1 (1) (b) (i) of the same Act”.  The accused was remanded in prison custody and the case adjourned to June 2, 2014 for hearing of bail application.

Meanwhile, Justice Fatu Riman of the Federal High Court Kano has sentenced one Mohammed Basiru Abdulkadir to seven years imprisonment for offences bordering on currency counterfeiting.
The convict was arraigned on May 28, 2014 by the Economic and Financial Crimes Commission (EFCC) on a 5-count charge bordering on possession of counterfeit currency. He pleaded guilty to all five counts when they were read to him and was consequently convicted by Justice Riman but the case was adjourned to today for sentencing.
When proceedings resumed today, Justice Riman sentenced Mohammed to five month imprisonment on count one, two and three with no option of fine while he is to serve three years imprisonment with option of N200, 000 (Two Hundred Thousand Naira) fine on count four. On count five he was sentenced to three years imprisonment with option of N100, 000 (One Hundred Thousand Naira) fine.

The sentences are to run concurrently.

However, the trial of former governor of Nassarawa State, Aliyu Akwe Doma, and two others was stalled before Justice A. A Okeke of the Federal High Court, Lafia, Nasarawa State as the defence sought adjournment pending the determination of its application for the transfer of the case to another judge.

The ex-governor is being prosecuted by EFCC, alongside Timothy Anthony Anjide and Dauda Egwe on a 10-count charge bordering on money laundering.

At the resumed hearing of the case June 2, 2014, the defence counsel, Charles Edosomwan, SAN who was represented by Olalekan Ojo, told the court that, he had a pending application before the Chief Judge requesting for the transfer of the case to another judge to ensure that justice is done to the parties in the case.

The defence, in seeking adjournment of the case, relied on Section 7(a) of the Practice Direction of the Federal High Court which allows any counsel who may wish to make a petition against a judge to inform the chief judge in writing of the allegations against the judge concerned. He urged the court to give effect to the rules of the practice direction and stand down the case pending the determination of the petition.

Responding, counsel to EFCC, Oluwakemi Pinheiro, SAN, said the application is a calculated attempt to delay and frustrate the case now that the prosecution is at the verge of closing its case.

He stated that, the judge has been fair and impartial in the conduct of the case. According to him, it is rather the defence that has all along tested beyond limits, “the patience of the learned trial judge by their incessant, unnecessary and, with profound respect, frivolous applications and indulgences sought from the court as well as other dilatory tactics trumped up to deliberately delay and frustrate expeditious trial in this charge”.  

Pinheiro who was visibly unhappy with the application urged the court to dismiss it saying, it is frivolous and pre-emptive.  

After listening to the argument of counsel, Justice Okeke adjourned the case to June 30, 2014 for mention.

One of the counts in the charge against the accused persons reads:

“That you Aliyu Akwe Doma (former governor of Nasarawa State, Timothy Anthony Anjide and Dauda Egwe between January 2007 and December 2009 in lafia Nassarawa State within the jurisdiction of this honourable court converted the sum of N5,000,000,000.00 (five billion naira only) property of Nassarawa State Government being proceeds of an illicit act to wit: concealing its illicit origin and thereby committed an offence contrary to section 14(1)(a) of the Money Laundering  (Prohibition) Act 2004 and punishable under section 14(1) of the same Act”.