EFCC Arraigns Five Suspected Oil Thieves

The Economic and Financial Crimes Commission, EFCC, on Wednesday,  27  July, 2016 arraigned five suspected oil thieves: Sokari Iminabo;  Segun Olagunju;  Uche Emmaneul, Obinna Ezinne and Tiny Patience before Justice I.J.Watilla of the Federal High Court, sitting in Port Harcourt, Rivers State on a two count charge bordering on illegal dealing in petroleum products.

 The suspects were arrested on 26 April, 2016 at Anyako waterside in Sama Community,  Asari Toru Local Government, Rivers State by troops of the 130 Battalion of the Nigerian Army. At the point of arrest, the suspects were in possession of a locally constructed metal tank, housed in a Man Diesel truck with registration number SOKOTO XA 614 BDN to convey illegally refined Automative Gasoline Oil (AGO) concealed in poultry feeds.   

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

 Count one of the charge read:  "that Sokari Iminabo, Segun Olagunju, Uche Emmaneul, Obinna Ezinne, Tiny Patience and Adebowale John (now at large) on or about the 26^th April, 2016 at Anyako waterside in Sama Community of Asari Toru Local Government, Rivers State within the jurisdiction of this honourable court did conspire among yourselves to commit felony to wit; dealing in petroleum product without appropriate authority and thereby committed an offence contrary to Section 3(6) of the Miscellaneous Offences Act, CAP M17 of the Revised edition (Laws of the Federation of Nigeria) act 2007 and punishable under section 1(17) of the same Act”.

 In view of their pleas, prosecution counsel J.N. Dogonyaro asked for a trial date. However, the defence counsels:  C.I.Akpudi, M.O.Nkwocha, Greg Okenili, H.N,Emiremi moved different applications for the bail of the suspects. 

Justice Watilla admitted them to bail on the following conditions: 1st defendant was granted bail in the sum of Two Million Naira and two sureties in like sum. The sureties must be resident within the jurisdiction of the court. The 2nd, 3rd and 5th defendants were also granted bail in the sum of Two Million Naira each and two sureties each in like sum; each surety must have a landed property within the jurisdiction of the court and one of the sureties must be a civil servant on grade level 10 and above. The 4th defendant was also granted bail in the sum of Four Million Naira only and a surety in like sum. The defendant must deposit his International Passport with the court and report every Monday to sign attendance at the court's registry. 

The judge ordered that all the defendants be remanded in prison custody until they meet their bail conditions and adjourned the matter to 14 September, 2016 for hearing. 

EFCC Arraigns Ex- Ebonyi Council Chair, Two Others for N25m Fraud

The Economic and Financial Crimes Commission, EFCC  on Thursday, July 28, 2016 arraigned a former Coordinator of Afikpo South Local Government Development Center of Ebonyi state, Ugwuocha  Okoroafor; his treasurer, Christian  Chukwu  Owo, and the administrative officer, Mrs. Anne Eke Agwu before Justice E.A. Ngene of the State High Court, Afikpo,  on a 15- count charge of conspiracy and stealing of public funds totaling over  N25,000,000.00 (Twenty Five Million Naira).

Okoroafor and his alleged accomplices were said to have at various times between 2013 and 2015 raised vouchers for payments supposedly for contract awards, salaries  and independence day celebrations in the names of staff of the council, who denied receiving such funds.

Investigation into the matter which was reported by Center for Prevention of Corruption and Human Right Initiatives and some staff of the council, revealed that the accused persons padded their salaries and that of other staff in connivance with a staff  of the bank where the local Government’s account is domiciled . 

The sum of N16, 000,000 and N8, 000,000 were at different times traced to the accused person’s account which their income profile could not justify.  

When the charges were read to them, all the accused persons pleaded not guilty to the charges,  prompting counsel to the accused persons, M.O. Njoko  and B.O Igwenyi (SAN) to ask the court to release their clients on bail.  

The court granted bail to each of the accused persons in the sum of N500,000   and one surety each in like sum. The surety the Judge ruled, must be a resident of the state, who has a landed property within the jurisdiction and must present evidence of three years tax payment.

The matter has been adjourned to September 21, 2016 for commencement of trial.

Forensic Auditors Seeks EFCC’s Support

The President of the Association of Forensic and Investigation Auditors, Victoria Enape, has called on the Economic and Financial Crimes Commission, EFCC, to sustain its assistance in training of its members on the practical aspect of forensic auditing with a view to effectively tackle corruption in Nigeria.

Enape made the call on Wednesday, July 20, 2016 when she led other members of the Association on a courtesy visit to the Acting Chairman, EFCC, Ibrahim Magu, at the Commission’s Head Office, Abuja.

“The Commission has all it takes to provide the needed support to meet the modern day challenge in tracking and tackling all shades of corruption in the country”, Enape stated.

She appreciated the Commission for the support it had rendered in the past especially in the area of training of its members at the EFCC Academy.

She also used the opportunity to inform the EFCC boss of the Association’s first international conference coming up in November, urging him to be present and sponsor some staff of the Commission to attend.

In his brief remark, Magu assured the Association of the Commission’s continued support adding that, the war against corruption can only be won with the collaboration and support of all stakeholders.

Other members of the team are: Anjorin F. Abraham (Secretary), Philips O. Salawu, Uchehara Chris Chigo, Crawford C. Oti, Anugwo C. Jonathan, Uche Chinedu, Joseph Enape, Anauche M. Chima and Jonathan Rosemary

EFCC Kicks Against Bail for Agbele

The Economic and Financial Crime Commission has said it will immediately appeal the ruling of a Federal Capital Territory High Court which today granted bail to one Abiodun Agbele, a suspect who is being investigated by the Commission for a range of alleged criminal infractions bordering on fraud and money laundering.

 Justice Olukayode Adeniyi, in a ruling which the Commission described as “shocking” today offered bail to Agbele and ordered the EFCC to pay the suspect N5million as compensation for unlawful detention. The judge claimed that the failure of the EFCC to charge Mr. Agbele to court, since his arrest, amounted to an abuse of his fundamental rights.

But the Commission described Justice Adeniyi’s conclusion as “curious” against the background of the information presented to the court, which included the fact that the suspect is being held with valid remand warrants issued by competent courts.

The EFCC, however, said it is filing a motion for a stay of execution of the ruling.

Magu Woos NBA, Vows to Go After Money Launderers

EFCC Press Release

The Acting Chairman, Economic and Financial Crimes Commission, EFCC, Ibrahim Magu has called on legal practitioners to join hands with the Commission in its bid to free Nigeria of corruption.

He gave this charge on Tuesday, July 12, 2016 at the opening of a one-day workshop organised by the Nigerian Bar Association, NBA, in collaboration with the Presidential Advisory Committee against Corruption, PACC at the Rockview Hotel, Abuja.

According to Magu, the EFCC cannot stamp out corruption in the country without the support of all stakeholders.

“We consider everybody a stakeholder, as the EFCC does not have monopoly of knowledge to defeat all shades of graft", he said.

The anti-graft czar urged legal practitioners to always play by the rule and avoid being used by corrupt elements to pervert justice adding that, “what is important is the interest of the nation which should be placed above any other interest"

Magu, who commended the bar for being good partners in the fight against graft, however decried the attitudes of some lawyers who compromise on their jobs for criminals to escape justice.  He added that lawyers have a greater stake in the war more than any other class of professional.

In reiterating his commitment towards fighting money laundering, the EFCC boss warned that, “we will not stop going after people who are involved in laundering money. It doesn't matter who you are, the law is a respecter of nobody especially those who commit crime.

“Whether you are EFCC, SAN or whatever, sooner or later we will start going after people who buy properties with stolen funds as well as people who help others to escape justice”, Magu declared.

In his keynote address, the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed urged members of the bar to examine themselves with a view to develop workable ways to curb corruption.

Justice Mohammed who spoke through Justice Kudirat Kekere-Ekun charged them to look inward as individuals in the system, and collectively as a body to improve the legal system.

“You have a role to play as an individual and it is when we all change our attitude that we can see it reflected in the society. No doubt, the legal profession is crucial in the maintenance of a high quality of justice delivery within the justice system and such success or failure of our fight against corruption will depend on our willingness to take the right ethical path", the CJN charged.

“Anti-Corruption, Ethics of the Legal Profession and Justice Sector,” was the theme of the workshop.

Suswam: CJ Overrules Judge, Asks Him to Continue with N3.1bn Fraud Trial

The Chief Judge of the Federal High Court, Justice Ibrahim Auta, has returned the corruption case file of a former governor of Benue State, Gabriel Suswam, to Justice A.R. Mohammed and ordered him to continue presiding over the case.

Suswam is being prosecuted by the Economic and Financial Crimes Commission, EFCC, along with his Commissioner of Finance, Okolobia Okpanachi, on a nine-count charge bordering on conspiracy, abuse of office and diversion of state funds to the tune of N3.1 billion.

It would be recalled that Justice Mohammed had on June 6, 2016 handed off the case, and informed the court of his decision to return the case file to the Chief Judge for reassignment. He had cited a May 27,
2016 report published on an online news medium – SaharaReporters, in which it was alleged that Suswam “entered into a financial agreement” with him in order to grant the former Benue State governor “a soft landing in the case”.

Despite persuasive arguments from the prosecution, led by Rotimi  Jacbos, SAN, and Suswam’s counsel, Joseph Daudu, SAN, that the said report be discountenanced, the trial judge averred that, “justice or
the fairness of it is not as the judge, prosecution or defence sees it”. Jacobs urged the court to “take cognisance of all the witnesses the prosecution had called so far, which would cost the state
resources to recall for the trial”. Daudu, too expressed confidence in the trial judge.

In returning the case file, the Chief Judge noted that “there were no complaints or allegations of bias against the judge, either from the prosecution or the defence”, and so Justice Mohammed should continue with the case where he stopped.

Their trial has been fixed for October 4, 2016.

Pastor, Accomplice Bag 14 Years for Forex Trading Scam

The Economic and Financial Crimes Commission, EFCC on July 11 2016, secured the conviction of Pastor Emmanuel Markus Anga and Atin Victor Generous before Justice Abubakar Jauro of Gombe State High Court on two count charge bordering on conspiracy and obtaining money by false pretense.

Anga and Generous are alleged to have in November 2013, deceived David Madison, into believing that they were employees of Gora Commanding Resources, a foreign exchange investment concern allegedly owned by Philemon Gora (who is still at large) and tricked their victim into expecting that his investment of five hundred thousand (N500, 000.00) would yield ten percent (10%) interest on a monthly basis. He only received the 10 percent interest in the first month of his investment, while all the effort to recover his money proved abortive.

Count two of the charge reads, “ that you, Pastor Emmanuel Markus Anga, Atin Victor Generous and Engr.Philemon Gora (Now at large) sometime in November 2013 at Gombe, within the jurisdiction of this Honorable Court, did fraudulently obtain the sum of five hundred thousand naira (N500, 000.00) from one Mr. David Madison under  a false pretense that the said sum was to be invested in foreign exchange trading which sum you never invested, instead diverted same to your own personal use, thereby committed an offence contrary to the provision of Section 1 (1) (a) of the Advance Fee Fraud and Other Fraud Related Offences Act, LFN 2006 and punishable under Section 1 (3) of the same Act”.

Justice Jauro, sentenced the convicts to seven years imprisonment on count one (conspiracy),  while Generous bagged another seven years on count two (obtaining by false pretense).  The sentences are to run concurrently from July 11, 2016.

Justice Jauro, also ordered Generous to restitute to the victim to the tune of five hundred thousand naira (N500, 000.00).

Chimamanda inspire kids in Airtel Reading for Leading Campaign

Emeka Ibemere

Leading telecommunications services provider, Airtel Nigeria, has flagged off its Airtel Reading for Leading Campaign, a CSR education programme aimed at helping underprivileged children in public primary schools and providing them with access to relevant, high-quality text books.

Renowned Nigerian novelist, Chimamanda Ngozi Adichie, recently flagged off the campaign at the Airtel corporate headquarters in Banana Island, Ikoyi, Lagos. The occasion was attended by children of Airtel’s pilot adopted school, Oremeji Primary School 2, Ajegunle, Lagos. Speaking at the event, the Chief Executive Officer & Managing Director, Airtel Nigeria, Segun Ogunsanya, who was represented by the company’s Human Resources Director, Gbemiga Owolabi, noted that  Airtel is not just passionate about education, we are also intensely interested in helping children – especially underprivileged kids – to succeed, actualize their dreams and become the true leaders of tomorrow.

According to him, “Airtel’s love for and concern for underprivileged children is unarguably the critical ingredient that has spurred us to initiate the ‘Reading for Leading’ campaign initiative. With this project, we intend to provide over three thousand (3,000) relevant books to children across our six adopted schools. “In implementing this glorious initiative, my colleagues, across our regional offices in Nigeria, will come out en masse to purchase and endorse these books, read to the children, teach and mentor them, and ultimately spend quality time with our adopted pupils.”

At the event, Chimamanda encouraged the children to develop a love for reading, noting that reading will make them better, more rounded and improve their vocabulary as well as oratorical skills.

She particularly advised the kids to read story books and other fictional literature, saying that prose and imaginative narrative play a pivotal role in building, nurturing and developing young minds.

Chimamanda, author of Americanah, Purple Hibiscus, Half of a Yellow Sun and the Thing around Your Neck, also commended Airtel for supporting primary education and for creating solid educational opportunities for underprivileged children.  The Airtel Reading for Leading” campaign is aimed at promoting good reading culture among children living in rural communities starting with the 3000 children across Airtel’s six adopted schools in Nigeria. “Reading as we know awakens the power of imagination, aids vocabulary, increases knowledge and broadens horizon hence our desire that the campaign will motivate and inspire the children to learn leadership through reading,” the CEO noted.

The Airtel Reading for Leading campaign is a partnership with Longman and Macmillan. Under the initiative, Airtel employees will buy over 3,000 high quality and relevant textbooks for children of the company’s six adopted schools.

NDLEA to dismantle drug ring in Nigeria

Emeka Ibemere

The Chairman/Chief Executive of the National Drug Law Enforcement Agency (NDLEA), Col. Muhammad Mustapha Abdallah (retd.) has promised to dismantle drug syndicates in the country. Abdallah gave the assurance as the Agency released its scorecard at the Murtala Muhammed International Airport (MMIA), Lagos between January and June 2016. Sixty-three (63) suspected drug traffickers were arrested with 484.11kgs of drugs. Suspected drug barons also abandoned 336.090kgs of the seized drugs.

Abdallah said that Nigeria will continue to subscribe to the principle of shared responsibility and international collaboration in dismantling drug cartels. In his words, "the Agency is maximizing the benefits of Airport Communication Programme (AIRCOP) by coordinating joint international operations. We will continue to build capacity in risk analysis, drug detection methodology and tracing of illicit drug proceeds. This is aimed at identifying and dismantling criminal networks".

The NDLEA boss noted that the Agency reacted swiftly to new tactics of drug trafficking by intercepting 22.530kgs of drugs originating from Dubai, United Arab Emirates. "As an intelligence-driven Agency, we realised the sudden use of Dubai as a transit point for cocaine originating from South America and successfully arrested 13 suspects with 22.530kgs of cocaine coming from Dubai".

According to the airport commander, Mr. Ahmadu Garba, those arrested include 46 males and 17 females while the breakdown of drugs are as follows; Cocaine, 35kgs, Heroin 8.460kg, Methamphetamine 54.4kg, Ephedrine 6.120kg, Cannabis 5.470kg and Psychotropic substances 374.630kg.

Twenty (20) suspects were nabbed attempting to export drugs while twenty-five (25) were caught importing drugs into the country. Eighteen suspects were apprehended during follow-up operations. Ten (10) suspected traffickers were caught importing 7.695kgs of cocaine from Brazil while thirteen (13) other suspects were arrested with 22.530kgs of cocaine from Dubai. The three abandoned seizures include 25kgs of methamphetamine going to South Africa, 311kgs of tramadol originating from India and 0.090 grammes of cocaine from Brazil.

Monthly breakdown is as follows; January 6.300kgs and 12 suspects, February 54.760kgs and 10 suspects, March 39.485kgs and 13 suspects, April 28.035kgs and 13 suspects, May 353.945kgs and 13 suspects while June is 1.585kgs and 2 suspects.

A 46 year old fashion designer based in Spain, Godfrey Rita reportedly collected 1.525kgs of cocaine while at the airport in Dubai on her way from Spain. The wraps of cocaine were packed inside duty-free polythene bag. She was intercepted during inward screening of passengers on an Emirate flight from Dubai. In addition, Seriki Muktar Adebayo, 26 year old was nabbed with 2.070kgs of heroin onboard an Ethiopian airline flight from Mozambique. These are not usual drug trafficking routes.

Rita said that she was promised half a million naira to smuggle the drugs from Dubai. "I am a trainee fashion designer living in Spain. I have financial problem and was introduced into drug trafficking by a friend. They told me that somebody will give me the drug while on transit in Dubai. While  at the airport, a man approached me and said that you are Rita. He introduced himself that he is from my friend and gave me the drug in a duty-free bag. I was surprised when the drug was discovered here because it was not hidden at all. I never checked it. I just kept it in my bag the way it was given to me. I was so disappointed in myself" Rita stated. She hails from Benin City, Edo State.

Seriki Muktar who hails from Osun State said that he left Nigeria as a footballer in search of a good club. "After a fruitless search for a football club in Tanzania for some months, I moved to Mozambique. Still, I could not secure a club. In the process, I exhausted my money and was practically stranded. I was so disappointed and frustrated that I needed to return home. At this point I had no choice but to agree to smuggle drugs. I regret my action" Seriki lamented.

N2.9bn Fraud: Ex-Adamawa Gov, Fintiri Docked, Remanded In prison

The Economic and Financial Crimes Commission, EFCC, on Thursday, June 30, 2016, arraigned Ahmadu Umaru Fintiri and Mayim Construction and Properties Limited before Justice A.R. Mohammed of the Federal High Court sitting in Maitama, Abuja on a 5-count charge of money laundering to the tune of N2.9billion.

Fintiri, a former speaker, who also served briefly as the acting Governor of Adamawa State, allegedly laundered monies through his naira and dollar accounts domiciled at Ecobank Plc., and making a large cash payment for the purchase of a property at Plot Number 7, Gana Street , Maitama, Abuja.

Count 4 of the charge reads:
“That you, Ahmadu Umaru (Alias Rt. Hon. Ahmadu Umaru Fintiri) and Mayim Construction and Properties Limited on or about the 9th October 2014 in Abuja within the jurisdiction of this Honourable Court did indirectly disguise the origin of the aggregate sum of N550,000,000 (Five Hundred and Fifty Million naira) through a term loan of twelve months purportedly granted to you by Ecobank Plc for the acquisition of a tea plantation farm from Nigeria Agricultural Bank in Taraba State which loan you repaid within three months as acting Governor of Adamawa State from sum which you know form part of proceeds of unlawful act to wit: corruption and thereby committed an offence contrary to Section 15(2)(a) of the Money laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15(3) and (4) of the same Act.”

Upon the reading of the charges, the first defendant, Fintiri pleaded not guilty, while a plea of ‘not guilty’ was also entered for Mayim Construction and Properties Limited, pursuant to the provisions of Section 478 of the Administration of Criminal Justice Act.

In view of the pleas by the accused, counsel to EFCC, Aso Larrys Peters, requested for a date for commencement of trial, and that the defendant be remanded in prison custody.

However, counsel to the first and second defendants, Mahmud Abubakar Magaji, SAN, informed the court that he had a pending motion dated June 24, 2016 and filed on June 27, 2016 seeking for release of the defendant
on bail.

This was opposed by the prosecution who noted that the motion, which represented just the first defendant, sought to remove the second defendant from the matter.

"This is a criminal trial and it is fundamental that all processes before your lordship carries the appropriate parties. We have not amended the charge and your lordship has not ordered us to do so. The motion filed by the defence is a deliberate attempt to amend the charges, confuse and frustrate court processes", Peters kicked.

Referring to precedents, the prosecution requested that the court discountenance the application, describing it as incompetent.

However, his objection was overruled.

Consequently, the defence moved its application.

In his argument, Magaji stated that since the prosecution had deposed to a six-paragraph counter affidavit to the effect that investigations into the matter had been concluded and  the defendant had been on administrative bail of the EFCC, the defendant was not likely to jump bail and would always be available for trial.

The defence further presented exhibit MAM1 to the effect that the defendant was physically unwell.

Again, the motion was opposed by the prosecution, who pointed out that the exhibit MAM1 tendered alongside the defence's motion claimed that the defendant went for a physical examination on June 9, 2016, and was diagnosed with heart-related ailments and hypertension.

By this, the prosecution noted that, "It doesn't follow that results of tests can be issued before a consultation. On that date, the defendant was in the custody of the EFCC and only released by June 15, 2016, on administrative bail.

"Somebody is lying under oath. If your lordship grants bail, we are not sure that this matter will continue”, Peters submitted.

He urged that the discretion of court should be exercised judiciously based on material evidence before the court.

Thereafter, Justice Mohammed adjourned to June 1, 2016 for ruling on the bail application and ordered the defendant to be remanded in Kuje prison custody.

N2.9bn Fraud: Ex-Adamawa Gov, Fintiri Docked, Remanded In prison

The Economic and Financial Crimes Commission, EFCC, on Thursday, June 30, 2016, arraigned Ahmadu Umaru Fintiri and Mayim Construction and Properties Limited before Justice A.R. Mohammed of the Federal High Court sitting in Maitama, Abuja on a 5-count charge of money laundering to the tune of N2.9billion.

Fintiri, a former speaker, who also served briefly as the acting Governor of Adamawa State, allegedly laundered monies through his naira and dollar accounts domiciled at Ecobank Plc., and making a large cash payment for the purchase of a property at Plot Number 7, Gana Street , Maitama, Abuja.

Count 4 of the charge reads:
“That you, Ahmadu Umaru (Alias Rt. Hon. Ahmadu Umaru Fintiri) and Mayim Construction and Properties Limited on or about the 9th October 2014 in Abuja within the jurisdiction of this Honourable Court did indirectly disguise the origin of the aggregate sum of N550,000,000 (Five Hundred and Fifty Million naira) through a term loan of twelve months purportedly granted to you by Ecobank Plc for the acquisition of a tea plantation farm from Nigeria Agricultural Bank in Taraba State which loan you repaid within three months as acting Governor of Adamawa State from sum which you know form part of proceeds of unlawful act to wit: corruption and thereby committed an offence contrary to Section 15(2)(a) of the Money laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15(3) and (4) of the same Act.”

Upon the reading of the charges, the first defendant, Fintiri pleaded not guilty, while a plea of ‘not guilty’ was also entered for Mayim Construction and Properties Limited, pursuant to the provisions of Section 478 of the Administration of Criminal Justice Act.

In view of the pleas by the accused, counsel to EFCC, Aso Larrys Peters, requested for a date for commencement of trial, and that the defendant be remanded in prison custody.

However, counsel to the first and second defendants, Mahmud Abubakar Magaji, SAN, informed the court that he had a pending motion dated June 24, 2016 and filed on June 27, 2016 seeking for release of the defendant
on bail.

This was opposed by the prosecution who noted that the motion, which represented just the first defendant, sought to remove the second defendant from the matter.

"This is a criminal trial and it is fundamental that all processes before your lordship carries the appropriate parties. We have not amended the charge and your lordship has not ordered us to do so. The motion filed by the defence is a deliberate attempt to amend the charges, confuse and frustrate court processes", Peters kicked.

Referring to precedents, the prosecution requested that the court discountenance the application, describing it as incompetent.

However, his objection was overruled.

Consequently, the defence moved its application.

In his argument, Magaji stated that since the prosecution had deposed to a six-paragraph counter affidavit to the effect that investigations into the matter had been concluded and  the defendant had been on administrative bail of the EFCC, the defendant was not likely to jump bail and would always be available for trial.

The defence further presented exhibit MAM1 to the effect that the defendant was physically unwell.

Again, the motion was opposed by the prosecution, who pointed out that the exhibit MAM1 tendered alongside the defence's motion claimed that the defendant went for a physical examination on June 9, 2016, and was diagnosed with heart-related ailments and hypertension.

By this, the prosecution noted that, "It doesn't follow that results of tests can be issued before a consultation. On that date, the defendant was in the custody of the EFCC and only released by June 15, 2016, on administrative bail.

"Somebody is lying under oath. If your lordship grants bail, we are not sure that this matter will continue”, Peters submitted.

He urged that the discretion of court should be exercised judiciously based on material evidence before the court.

Thereafter, Justice Mohammed adjourned to July 1, 2016 for ruling on the bail application and ordered the defendant to be remanded in Kuje prison custody.