Corruption: EFCC wakes up to the game...goes after "yahoo-yahoo politicians"

 Emeka Ibemere

The renewed trial of  the so-called ‘Very Important Politicians’ by the Economic and Financial Crimes Commission, EFCC, in Nigeria, since the new government mounted the stage has elicited actions and re-actions in the polity with stakeholders wondering where was the Commission , about six to seven years ago after the ex- governors and ministers ended their tenures.

 The recent trials of some ex-governors; some critics tends to believe, is a sign of good omen and an indication that new government has shown political willingness to fight corruption in Nigeria.

And the psychological relief in the minds of Nigerians today is that its no longer business as usual because the lukewarm attitude of the anti-graft agency in the past six years has been eroded by the fact of their present quizzing, arrest, re-arrest and trials and granting of bails of perceived corrupt office holders.

It perhaps shows that the era of ‘go-with-your-loots’ under plea-bargain culture of impunity may have as well been dumped with the new vigour of the present government to fight corruption in high places.

Within less than one month, no fewer than 11 ex-governors and Director Generals of parastatals and agencies have been quizzed by the EFCC, and the dusting of the files of the former governors has rekindled the spirit with which EFCC was known under Mallam Nuhu Ribadu; a good sign of reawakening of the old spirit against corruption with which EFCC also endeared itself to the Nigerian public and international community.

When EFCC embarked on this journey, to reclaim its name, it was obvious that something went wrong---lacked political will to execute its mandate, apparently because of the politicisation of corruption fight in Nigeria, as the past regime never wanted to be linked to fighting against oppositions.

Many believed that President Mohammadu Buhari’s avowed commitment to fight corruption and probe the last government triggered the new EFCC spirit, to crack down the stronghold of corrupt persons in Nigeria.

 Observers are of the opinion that the agency should trade softly in order not to commit blunder with the rush at which they are going about arresting and prosecuting the office holders.

It has been one bail or the other and it looks as if EFCC is taking to court; the court is releasing the alleged accused persons and deferring their cases. A lawyer has frond at the rate of bails been dished out by courts and feared that some of these cases might over last the present regime.

Philip Okowa, a social commentator said the ex-governors might end up going scot free if proper prosecution by the EFCC is not followed. Also arguments by some of the sympathisers of the accused persons that most of the ex-governors’ case were political also could provide the accused persons the leeway to feel they were wrongly accused for courts to set them free.

The recent remanding in prison of the ex- Governor, Sule Lamido and his sons made news headlines, as Nigerians celebrated the detention as the former governor of Jigawa State was detained for weeks before gaining his bail condition.

The quartet of Sule Lamido, his two sons Aminu and Mustapha and one Aminu Wada Abubakar were remanded in prison custody by Justice Evelyn Anyadike of the Federal High Court sitting in Kano after they were docked on a 28-count charge of corruption and money laundering brought against them by the Economic and Financial Crimes Commission, EFCC.

They were arraigned alongside four companies where the Lamidos are believed to have interest. The companies are Bamaina Holdings Limited, Bamiana Company Nigeria Limited, Bamaina Aluminum Limited and Speeds International Limited.

Lamido is said to have abused his position as governor of Jigawa State between 2007 and 2015, by awarding contracts to companies where he has interest, using his two sons, Aminu and Mustapha as front.

One of the counts in the charge reads, “That you Alhaji Sule Lamido ( while being the Governor of Jigawa State, Nigeria), Aminu Sule Lamido, Mustapha Sule Lamido, Bamaina Holdings Limited, Bamaina Company Nigeria Limited and Speeds International Limited between 15^th October and 18^th December, 2008 within the jurisdiction of this Honourable Court did convert an aggregate sum of N 124, 649, 915 ( One Hundred and Twenty Four Million, Six Hundred and Forty Nine Thousand, Nine Hundred and Fifteen Naira) paid by Dantata & Sawoe Limited into the account of Speeds International Limited domiciled with an old generation Bank at Kano which fund you reasonably ought to have known to be proceeds of an unlawful act of Alhaji Sule Lamido who was a Public Officer within the meaning of the Code of Conduct for Public Officers as prescribed under the Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 ( as amended ) to wit; engaging in private business by a public officer, using the said company in which he is a director and a shareholder, and to whose account he is a signatory; with the aim of concealing the illicit origin of the said sum and you thereby committed an offence punishable under Section 14 (A) of the Money Laundering Act, 2004.”

However when the charges were read to the accused persons they pleaded not guilty. Their counsel, Offiong Offiong, (SAN), told the court that he had filed application for bail and urged the court to consider granting the accused persons bail.

But prosecuting counsel, Chile Okoroma, requested for time to respond to the application. He prayed the court to remand the accused persons in prison custody as the EFCC holding facilities in Abuja and Kano were already overstretched.

Justice Anyadike consequently remanded the accused persons in prison custody pending consideration of their bail application and adjourned to September 28, 2015.

The arraignment of Lamido and his children was not without incident as an unruly crowd of supporters loyal to the former governor threatened to disrupt the court session.

It took reinforcement of the detachment of policemen at the court to maintain order.

The travails of the Lamidos began in 2012 when one of his sons, Aminu was arrested by Operatives of the EFCC at the Aminu Kano International Airport, Kano for failing to declare a sum of forty thousand United States Dollars ($ 40,000).

He was prosecuted and convicted; with 50 percent of the undeclared sum forfeited to the Federal Government. But the investigation into the source of the funds led investigators into the closely guarded web of corruption and money laundering involving members of the former first family of Jigawa state and their cronies

As that wasn’t enough, ex-gov Ikedi Ohakim, former Imo State governor was quizzed and arraigned for money laundering running into N270m.

Justice Adeniyi Ademola of the Federal High Court sitting in Abuja on Thursday, July 9, 2015 admitted former governor of Imo State, Ikedi Ohakim, to bail. Ohakim was arraigned on Wednesday, July 8, 2015 by the Economic and Financial Crimes Commission, EFCC, on a three-count charge bordering on money laundering.

Moving the bail application, Ohakim’s counsel, Chris Uche, SAN, prayed the court to admit his client to bail on liberal terms, adding that the charges are bailable.

However, prosecuting counsel, Festus Keyamo, urged the court to refuse the application.

After listening to both counsels, Justice Adeniyi admitted the accused person to bail in the sum of N270m with one surety who must be resident in Abuja.

The surety, who must have landed property within Abuja, must swear to an affidavit of means. The surety is also to deposit his/her international passport with the Deputy Registrar of the court.  

The case has been adjourned to October 20, 2015.

It would be recalled that Ohakim was arrested by operatives of the EFCC on Tuesday, July 7, 2015.

The former governor is being prosecuted, among other things, for making a cash payment to the tune of $2, 290,000.00 (Two Million, Two Hundred and Ninety Thousand Dollars), for the purchase of a piece of land at Plot No. 1098 Cadastral Zone A04, Asokoro District, otherwise known as No.60, Kwame Nkrumah Street, Asokoro, Abuja. Not resting on their oars, the agency moved quickly to the case involving a former governor of Bayelsa State, Timipre Sylva, who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, before Justice A. F. Ademola of the Federal High Court, Abuja, on a fresh 50 count charge bordering on stealing and money laundering. The case came up for hearing on Thursday, July 9, 2015.

 Sylva is being charged alongside Francis Okokuro, Gbenga Balogun, and Samuel Ogbuku. They allegedly used three companies – Marlin Maritime Limited, Eat Catering Services Limited, and Haloween-Blue Construction and Logistics Limited for moving over N19.2 billion from Bayelsa State coffers between 2009 and 2012.

Justice A. R. Mohammed of the Federal High Court Abuja had on June 10, 2015 dismissed the 42-count charge of stealing earlier brought against Sylva and his co-accused by the EFCC, with the excuse that the prosecution’s application to consolidate the charges before him, against the defendants, amounted to an abuse of court process.

The Commission however, faulted the ruling on the grounds that it was premature as the accused persons had not even taken any plea before the court, and subsequently filed the fresh 50 count charge at the Federal High Court.

At the last adjourned date, June 25, 2015, the trial judge had fixed July 9, 2015 for hearing on pending applications by the defendants challenging the competence of the charges and the jurisdiction of the court.  Counsel to Sylva, L. O. Fagbemi (SAN), had brought an application before the court praying that the charges be quashed; another application by Ochu Chukwuma, counsel to the third accused, and also urged the court to dismiss the charges arguing that they were based on same facts in the earlier dismissed charges by Justice Mohammed. Ajayi Olowo, counsel to the fourth accused person had also filed a preliminary objection, challenging the jurisdiction of the court, to hear the case.

Counsel to EFCC, Rotimi Jacobs (SAN), argued that there was indeed a prima facie case against Sylva and his co-accused, adding that the court had jurisdiction to try the case since the offences committed took place in Abuja. Jacobs stressed that the applications of the counsel to the accused persons were “thoroughly misconceived”, adding that “charges dismissed by Justice Mohammed had not even been read to the accused persons, and they had not even taken their pleas, thus trial had not even commenced before the judge dismissed the charges.” 

 Justice Ademola, after listening to all the arguments, deferred ruling on the applications for a later date. The new date, the judge said, would be communicated to both parties.

Ex-Gov Nyako and his son were left off the hook with the sum of N350m bail, the day EFCC arraigned them. Justice E. Chukwu of the Federal High Court sitting in Abuja on Friday, July 10, 2015 admitted former governor of Adamawa State, Murtala Nyako, his son,  Senator Abdul-Aziz Nyako, Abubakar Aliyu and Zulkifikk Abba to bail in the sum of N350 million each.

Nyako was arraigned together with his co-accused on July 8, 2015 by the Economic and Financial Crimes Commission, EFCC, on a 37-count charge bordering on criminal conspiracy, stealing, abuse of office and money laundering to the tune of N29 billion.

The accused persons are alleged to have, at various times between 2011 and 2013, used five companies – Blue Opal Nigeria limited, Serore Farms & Extension Limited, Pagoda Fortunes Limited, Towers Assets Management Limited and Crust Energy Limited to commit the fraud.

One of the counts reads in part: “That you Murtala H. Nyako, Abdulaziz Nyako, Zulkfikik Abba, Abubakar Aliyu, Blue Opal Limited, Sebore Farms & Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited and Crust Energy Limited between January and December 2013 within the jurisdiction of this Honourable Court did disguise the genuine origin of an aggregate sum of N6,366,280,000 (Six Billion, Three Hundred and Sixty-Six Million, Two Hundred and Eighty Thousand Naira), which sums you reasonably ought to have known to be proceeds of an unlawful act, to wit; moneys derived from the theft of Adamawa State Government’s funds.”

Another count reads: “That you Murtala H. Nyako, Abdulaziz Nyako, Abubakar Aliyu, Blue Opal Limited, Pagoda Fortunes Limited and Tower Assets Management Limited on or about 4^th October, 2011 within the jurisdiction of this Honourable Court did convert the sum of N20,000,000 to develop Hill View Estate, Mpape, Abuja, which sum was derived from the theft of the funds of Adamawa State Government routed through Amdak Investment Limited, Tower Assets Management Limited and Blue Opal Limited accounts.”

Moving the bail application, Nyako’s counsel, Kanu Agabi, SAN, a former Attorney General of the Federation, AGF, prayed the court to admit the accused persons to bail on liberal terms, arguing that “they are at the moment presumed innocent.”

He said: “They won’t run away because, like a goldfish, they have no hiding place. Moreover, they have been on administrative bail, which they have honoured.”

However, prosecuting counsel, Rotimi Jacobs, SAN, urged the court to refuse the bail application of the accused persons. Jacobs premised his standpoint on the fact that Nyako and his son, who is a serving senator, had been declared wanted by the EFCC after they ignored the invitation of the anti-graft agency.

According to Jacob, the former governor and his son absconded and went into hiding, until after May 29, 2015.

He said: “They are not automatically entitled to bail even with their status. Moreover, we believe that they may abscond based on their past antecedent as fugitives and thus not come for trial based on the very weighty evidence brought against them.”

Jacobs said two principal witnesses in the case died mysteriously shortly after they gave statements, which indicted the accused persons in the crime. “We believe that there is possibility for them to interfere with the case,” he added.

Justice Chukwu, in his ruling on the bail application, admitted the accused persons to bail in the sum of N350 million each, with two sureties who must be resident in Abuja, one of whom must be a serving director in a federal government establishment.

The sureties, the judge added, must show evidence of being land owners in Abuja and must present verified tax payment documents for the past three years.

He further ruled that their international passports, along with two most recent passport photographs, be submitted to the court registrar.

Justice Chukwu, thereafter, adjourned till September 30, October 22 and 23, 2015 for hearing. 

The anti-graft agency has also moved against Stephen Oronsaye, who was arraigned for N2bn fraud.

Justice Gabriel Kolawole of the Federal High Court, Abuja, on July 13, 2015 fixed the trial of a former Head of Service, Stephen Oronsaye, and two others were brought before it by the Economic and Financial Crimes Commission, EFCC, on a 24-count charge bordering on stealing and obtaining money by false pretence. Oronsaye, who is alleged to have been complicit in several contract awards during his tenure as HoS is being charged along with Osarenkhoe Afe. They are alleged to have committed the fraudulent transactions between 2010 and 2011, using two companies - Fredrick Hamilton Global Services Limited, and Xangee Technologies Limited, for shady biometrics enrolment deals to the tune of N2 billion. 

A third accused person, Abdulrasheed Maina, former Chairman of the Pension Task Team is currently on the run.

One of the counts reads in part: “That you Stephen Oronsaye, Abdulrasheed Abdullahi Maina (now at large) Osarenkhoe Afe and Fredrick Hamilton Global Services Limited on or about 2^nd July, 2010 in Abuja, within the jurisdiction of this Honourable Court collaborated in disguising genuine nature of the sum of N161,472,000 derived from an illegal act wit, conducting procurement fraud by means of fraudulent and corrupt action the contract extension of biometric enrolment purportedly awarded to Innovative Solutions Limited by the Office of the Head of Service of the Federation without following due process and you thereby committed an offence punishable under Section 14 (1) (b) of the Money Laundering (Prohibition) Act, 2004.”

Another count reads: “That you Stephen Oronsaye, Abdulrasheed Abdullahi Maina (now at large) and Xangee Technologies Limited (now facing another charge) between July and December 2011 in Abuja, within the jurisdiction of this Honourable Court, collaborated in disguising genuine nature of the sum of N153,146,719.99 derived from an illegal act to wit; conducting procurement fraud by means of fraudulent and corrupt action the contract of biometric enrolment purportedly awarded to Xangee Technologies Limited by the Office of the Head of Service of the Federation without following due process and you thereby committed an offence punishable under Section 14 (1) (b) of the Money Laundering (Prohibition) Act, 2004.”

They both pleaded not guilty when the charges were read to them.

Following their plea, counsel to EFCC, Aliyu Yusuf, asked the court for a date for commencement of trial, and to remand the accused persons in prison custody. He also notified the court that the prosecution had 18 witnesses it intended to present during the trial.

However, Kanu Agabi, SAN, counsel to Oronsaye, while expressing readiness for the trial to commence, gave an oral application for bail noting that the defence wanted “a speedy end to the matter.” He further argued that constitutionally, his client was presumed “innocent until proven guilty”. He told that court that he had also filed a formal bail application with the court.

Oluwole Aladedoye, counsel to Afe, who also represented the third accused, Fredrick Hamilton Global Services Limited, also gave an oral application for bail, aligning himself with the argument of Agabi. He informed the court that he had also filed a formal bail application.

Yusuf, however, told the court that he received the application late and needed to file a counter-affidavit. He further stressed that the EFCC would not be able to accommodate the accused persons, urging the court to order that they be remanded in prison custody.

Justice Kolawole, thereafter, fixed July 21, 2015 for hearing on the bail applications filed by counsel to the accused persons. In his ruling, the judge said, “I hereby decline oral bail application and it shall be formal to provide a level playing ground, as it must be based on the materials placed before the court.” He urged Yusuf to avail the court of his counter-affidavit on or before Wednesday, July 15, 2015.

The judge, thereafter, released the accused persons on “the strength of their counsel, who must sign an undertaking within the next 48 hours, that the accused persons shall return to court on the said date fixed for the hearing of the bail applications.” He added that: “I have no doubt that the primary place of remand is the prison, but this is not the case in all instances.”

In its effort to crack down very important politicians involved in an alleged corruption cases, EFCC also arraigns former Kwara lawmaker, Oladimeji Mohammed Edun.

The EFCC, was on Tuesday, July 14, 2015 arraigned Edun, a former member of Kwara State House of Assembly, alongside his company, Zarab Ventures Limited, before Justice Mahmud Abdulgafar of the High Court of Kwara State sitting in Ilorin on a 3-count charge bordering on criminal diversion of funds.
 Edun, allegedly secured a contract for his company, Zarab Ventures Limited, for drilling of 43 motorized boreholes across different locations in the State under the Millennium Development Goals – Conditional Grant Scheme, project to the tune of N82.5m between 2008 and 2009, but abandoned the projects after collecting 90 percent of the contract sum.
  Count three of the charge reads:
“That you, Oladimeji Mohammed Edun (being managing director/chief executive officer and sole signatory of Zarab Ventures Limited) and Zarab Ventures Limited on or about May 21, 2009 in Ilorin within the Ilorin Judicial Division of the High Court of Kwara State while in such capacity did dishonestly misappropriate the sum of N7,000,000.00, which was part of the money entrusted to you by the Kwara State MDG’S- CGS for the construction of boreholes in some Local Government Areas and you thereby committed an offence contrary to Section 308 of the Penal Code and punishable under Section 309 of the same Act.”

The accused pleaded not guilty to the charge when it was read to him.

Upon his plea, counsel to EFCC, Abdallah Faruk urged the court to fix a date for him to present his witnesses.
However, counsel to the accused, Salman Jawondo prayed the court to admit the accused person to bail.
“We humbly urged your Lordship to admit the accused person to bail. He is a responsible citizen; a former honourable member of the Kwara State of Assembly. As a former legislator, he will not do anything to frustrate his trial", Jawondo pleaded.

Faruk raised no objection, but urged the court for stiff bail conditions considering the nature of the offence committed by the accused person.

Justice Abdulgafar admitted the accused person to bail in the sum of N5m (five million naira) and two sureties, one of whom must be a statutory owner of a parcel of land within Ilorin township.
The case has been adjourned to October 6, 2015 for hearing.

Also, Justice Mohammed Yinusa of the Federal High Court, Lagos today July 8, 2015 convicted four companies associated with former governor of Enugu State, Chimaroke Nnamani and ordered that their properties be forfeited to the Federal Government.  The four companies are Rainbownet Nigeria Limited, Cosmos FM, Capital City Automobile Nigeria Limited and Renaissance University Teaching Hospital

The companies had on May 19, 2015 pleaded guilty to a 10-count amended charge brought against them by the Economic and Financial Crimes Commission, EFCC. The companies are alleged to have failed to comply with lawful inquiry made by the Commission.

At today’s sitting, counsel to the EFCC Kelvin Uzozie prayed the court to make an order of final forfeiture of the companies based on their plea. Justice Yinusa after reviewing the facts convicted the companies and made an order of final forfeiture of their assets to the Federal Government, citing provision of the EFCC Establishment Act on Final Forfeiture.

The properties are located across the five states in the South East geopolitical zone.  

Among them are 22 Duplex buildings in Ebeano Under Tunnel Estate now known as Fidelity Estate; Renaissance University Teaching Hospital; Cosmos 105.5 FM Digital Station (Ceuna Communications); and Capital City Automobile Limited, located at 12 Station Road ,GRA, Enugu. Also forfeited to the Federal Government include  properties of Hill Gate Investment  - Plot No H12, H13, H14, H15, H21`, H116, H188, Plot 10, Plot H11, Plot H16, Plot H17, Plot H18, Plot 19, Plot H20, Plot H49, Plot H50, Plot H117, CP/4 (HCR2), CP5 (HCR2) CP/6(HCR2) CP/7 (HCR2) CP/8

The assets also include several undeveloped properties/plots of land of Rainbownet Nigeria Limited in Enugu, Abakaliki, Aba, Owerri, Onitsha, Awka and Umuahia.

Properties of Rainbownet Communication which include BTS, Microwave Avenue Radio, Rectifiere, and a host of the equipment in various sites in Anambra States are also to be forfeited to the Federal Government.

Aside the landed properties, over N35 million from the frozen bank accounts of the companies are also to the forfeited to the Federal Government of Nigeria.

Uzozie who is pleased with the ruling of the court said the Commission had to sought for a separate trial of the companies as the first accused person, former governor of Enugu State, Dr. Chimaroke Nnamani had stalled proceedings on the matter on account of frequent application to travel abroad for medical treatment on grounds of ill-health.

Chimaroke Nnamani alongside Sunday Anyaogu, his then aide and six firms linked to them: Rainbownet Nigeria Limited, Hillgate Nigeria Limited, Cosmos FM, Capital City Automobile Nigeria Limited, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School were first arraigned before Justice Tijani Abubakar in 2007.   The case was re-assigned to Justice Charles Archibong following the transfer of Justice Abubakar, now of the Appeal Court, out of the Lagos division of the Federal High Court. Again, the case was re-assigned to Justice Yinusa, after Justice Archibong (now retired) was also transferred out of the Lagos division of the court.

According to the charge, Nnamani conspired with other accused persons to launder funds from the state treasury, especially monies meant for the local government areas of Enugu state.