Senate Pledges Support for Anti-Graft War

The senate on Monday, December 14 pledged its support for the ongoing fight against corruption in Nigeria. Chairman Senate Committee on Anti-corruption and Financial Crimes, Senator Chukwuka Utazi made the pledge when the committee received the acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu.

 He said the senate fully supports the anti- corruption programme of the Muhammadu Buhari administration and promised  to work closely with the Commission to overcome its challenges and ensure that it lived up to the expectation of Nigerians. ‘’It is a daunting job, at times thankless but we have to make sure this country is good, and good for our children. The journey must start now,” Senator Utazi said

He equally advised the EFCC to refocus its anti-graft strategy by de-emphasizing enforcement activities in favour of prevention. “We have to get it right now that we have a new chairman at the EFCC and we won’t dissipate energies moving from one court to another,” he said

Senator Utazi empathized with the Commission regarding the excruciating accommodation challenges facing it. “You shouldn’t be staying in makeshift offices. We will visit soon to see things for ourselves,” he declared

In his response, the EFCC boss thanked the Committee for the warm reception and interest in working closely with the Commission. “I am encouraged by what you have told us and we are equally ready to work with your committee’’, he said

He equally thanked the committee for showing interest in the accommodation problems confronting the Commission. He said the Commission currently has offices scattered around Abuja while its head office building which is under construction, is about 70 percent completed.

The high point of the meeting was the presentation of some information materials including past copies of the Commission’s Annual Reports to the Committee.

Senator Utazi thanked the EFCC chair for responding positively to their request for information.

Other members of the Committee that witnessed this maiden meeting with the new EFCC Chairman were Senator Isah Hamman Musa and Senator Mustapha Mohammed, who is the vice chairman of the Committee

DRUG TRAFFICKING: NDLEA ARRESTS SOUTH AFRICAN, 2 OTHERS

The Acting Chairman/Chief Executive of the National Drug Law Enforcement Agency (NDLEA), Mrs. Roli Bode-George has assured that the Agency will continue to tighten the noose on drug cartels as narcotic officers arrested three suspected members of a drug syndicate with 18.2kgs of drugs valued at 163 million naira. The suspects were arrested at the Nnamdi Azikiwe International Airport (NAIA) Abuja. They include a South African Sipho Mitshali, 31, found in possession of 4kg of Ephedrine and 8kg of Methamphetamine on his way to Johannesburg. Two Nigerians, Ifeagwu Osita and Obiabumuo Augustine Ikechukwu were also arrested for attempting to smuggle 4.7kg and 1.5kg of cocaine.

According to Roli, efforts are ongoing to consolidate on operational gains by the Agency. “The NDLEA is working hard towards making the country impenetrable to drug barons. We are also tightening the noose on drug trafficking syndicates to sustain the gains recorded in arrests of drug barons and seizure of drugs. There is a systematic plan of action to dislodge drug syndicates and ultimately eradicate illicit drugs from our society” she stated. The NDLEA boss also called for support from Nigerians against drug barons whom she described as enemies of the society.

NDLEA commander at the Abuja airport, Mr. Hamisu Lawan said that the three suspects are under investigation. “The South African, Sipho Mitshali was caught smuggling 4kg of Ephedrine and 8kg of methamphetamine to South Africa through Addis Ababa. Ifeagwu Osita imported 263 pellets of cocaine weighing 4.7kg from Dubai while Obiabumuo Augustine Ikechukwu was apprehended while attempting to export 1.5kg of cocaine to Switzerland through Frankfurt. The cases are being investigated” Hamisu stated.

The arrest of Sipho Mitshali who is a Zulu by tribe from Lehae, Lenasia a suburb of Johannesburg with Ephedrine and Methamphetamine to South Africa further validates the growing demand of Ephedrine and Methamphetamine in South Africa. The NDLEA recently nabbed a suspected drug baron, Tochukwu Harris Ubah with 310kgs of ephedrine and 266kg of methamphetamine valued at 4.6 billion naira hidden inside noodles, cereals and palm oil being smuggled to South Africa.

Ifeagwu Osita said that he smuggled drugs to save his sick daughter. “I am a business man living at Okota, Lagos. I am married with three children. My daughter had been sick and I have spent so much money on her bills yet there is no sign of improvement. This affected my business and forced me into drug trafficking. I was desperate to save my daughter from pain and death. The drug was given to me at Dubai airport but on getting to Nigeria, I was arrested” Ifeagwu stated.

Obiabumuo Augustine Ikechukwu who hails from Idemili South Local Government of Anambra State also said that he smuggled drugs for monetary rewards. According to him, “I was selling electrical appliances at Alaba market in Lagos before I travelled to Czech Republic in search of greener pastures. I needed money to settle my debts after my mother’s burial that was how I got involved in drug trafficking”.

 

N13.5bn Arms Scam: Court To Rule On Dasuki’s Bail Application

Justice Hussein Baba-Yusuf of the Federal Capital Territory (FCT) High Court, Maitama, Abuja, has fixed Friday December 18, 2015 for ruling on the bail application in a case involving a former National Security Adviser, Colonel Sambo Dasuki (rtd.), and four others.

 Dasuki alongside Shuaibu Salisu, a former Director of Finance and Administration, Office of the National Security Adviser; Aminu Babakusa, a former General Manager, Nigerian National Petroleum Corporation; Acacia Holdings Limited and Reliance Referral Hospital Limited are being prosecuted by the Economic and Financial Crimes Commission, EFCC,  on a 19-count charge  bordering on money laundering and criminal breach of trust to the tune of N13, 570,000, 000.00(  Thirteen Billion, Five Hundred and Seventy Million Naira).

 

One of the counts reads: “That you, Col. Mohammed Dasuki( rtd.), whist being the National Security Adviser and Shuaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser, and Hon. Warripamowei Dudafa(now at large), whilst being Senior Special Assistant, Domestic Affairs to the President, on or about 27^th November, 2014 in Abuja within the jurisdiction of this Honourable Court entrusted with Dominion over certain properties, to wit: the sum of N10, 000,000,000( Ten Billion Naira) being part of the funds in the account of the National Security Adviser with the Central Bank of Nigeria( CBN),  the equivalent of which sum you received from the Central Bank of Nigeria in foreign currency to wit: $47,000,000( Forty-Seven Million dollars)  and 5.6 million Euros, committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party(PDP) presidential primary election delegates and you thereby committed an offence punishable under section 315 of the Penal Code Act, Cap 532, Vol.4 LFN 2004.’’

 

Moving his application for bail at today’s hearing, Ahmed Raji, SAN, counsel to the first defendant, Dasuki, pleaded with the court to admit him (Dasuki) to bail pending the determination of the charges preferred against him by the prosecution.

 

Raji, who cited Sections 153, 162, 165, 167 and 168 (b) of the Administration of Criminal Justice Act as well as Sections 35 and 36( 5) and  6(b) of the 1999 Constitution of the Federal Republic of Nigeria as amended, further told the court that ‘‘under the Constitution, an accused is presumed innocent, no matter the gravity of the charge before the court. Also, Administration of Criminal Justice Act 2015 has made bail possible in all cases.’’

 

He further urged the court to discountenance the argument moved by the prosecution counsel in his counter- affidavit that the first defendant would interfer with further investigation into his case.

 While pleading with the court to seriously consider the ruling of the Federal High Court, Abuja that had earlier granted the first defendant bail in another matter in which he is standing trial, Raji said:  “It will amount to internal inconsistency. I urge you, My Lord,  to grant the first defendant bail on very liberal terms, even if you are not moved by the ruling by your brother at the Federal High Court.’’

 

However, Justice Baba-Yusuf cut him in and told him that the case before him and the one in which the first defendant is standing trial at the Federal High Court, Abuja are different.

 ‘‘Move the circumstances on which the bail should be granted and that is what will impress me,” Justice Baba-Yusuf said.

 In his submission, counsel to the second defendant, A.U. Mustapha, also adopted his written address as his oral application in support of the bail application on behalf of the second defendant, Salisu.

 

While praying the court to admit the second defendant to bail, he said:  ‘‘He has served the country meritoriously for 29 years. He is a responsible citizen of this country and he is ready to defend himself. He needs his liberty and unfettered access to his lawyer. He also needs to consult his books. So, he needs his freedom to be able to do all this.’’

 Meanwhile, Solomon Umoh, SAN, told the court that the charges preferred against the third, fourth and fifth defendants ( Babakusa, Acacia Holdings Limited and Reliance Referral Hospital) respectively, did not suggest that the money alleged to have been diverted by the accused was for the purposes of procuring arms as canvassed in the counter-affidavit submitted by the prosecution.

 

According to him, ‘‘they have not been convicted before by any court and they don’t have any character of crime. My Lord, all that my learned friend has said in his counter-affidavit to the bail application is an invitation to my Lordship on a voyage of speculation.”

 

However, the prosecution counsel, Rotimi Jacobs, while opposing the bail application by the defendants, said references to the ruling of the Federal High Court, Abuja, in the case involving the first defendant, did not hold water, adding that they are two different cases.

 

According to him, ‘‘Money laundering is a secondary offence and not a primary offence. But the charges before My Lord here are primary offences. My learned friend didn’t tell My Lord whether his client was enjoying the bail granted him by the other court before he was transferred to us (EFCC). Every money laundering case has a predicate offence.’’

 

Rotimi, who also stated that presumption of innocence, is not a sufficient ground for the accused persons to be granted bail, further told the court that the status of the first defendant would intimidate the prosecution witnesses who had worked under him.

 

According to him ‘‘they are not entitled to bail because they may jump bail. I recognise that the granting or refusal of bail is at the discretion of the court, but if they will interfere with investigation of other cases that will be instituted against them, you can refuse them bail. If bail application is filed, it is not automatic that it must be granted.’’

 

While responding to the claim by counsel to the first defendant that the charges did not indicate that the alleged money was for  procurement of arms, Rotimi said the proof of evidence showed the purposes for which the money was meant for, which was for the purchase of security equipment.

 

After listening to submissions by both counsels, Justice Baba-Yusuf fixed Friday, December 18, 2015 for ruling on the bail applications and ordered the accused persons to be remanded in the EFCC custody.

N86m Bank Fraud: Court Admits Suspects to Bail

Justice U.N Agomoh of the Federal High Court, Port Harcourt, Rivers State on Tuesday, December 15, 2015, granted bail to Uchenna-Dike Ogbonnaya, Uchenna-Dike Ugomma and Ukeni Ugah Adanne who are being prosecuted by the Economic and Financial Crimes Commission, EFCC on a 17-count charge bordering on stealing, conspiracy, money laundering and obtaining by false pretence to the tune of Eighty Six Million, Nine Hundred and Forty One Thousand, Five Hundred Naira (N86, 941, 500.00).

One of the counts reads: “That you, Uchenna-Dike Ogbonnaya, Uchenna-Dike Ugomma and Ukeni Ugah Adanne, sometime in 2014, at Port Harcourt, Rivers State, within the jurisdiction of this Honorable court, while Uchenna-Dike Ugomma was a staff of Ecobank Nigeria Limited, did conspire among yourselves to commit felony wit; stealing, punishable under Section 516 of the Criminal Code Act Cap. C38, Laws of the Federation of Nigeria, 2007 read together with Section 1 (1) (d) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act Cap. B3 Revised Edition (Laws of the Federation of Nigeria) 2007”.

   The defendants were arraigned on December 10, 2015 and pleaded not guilty to all the charges preferred against them by the EFCC.

   Justice Agomoh admitted the 1^st and 3^rd defendants to bail in the sum of N5million and 2 sureties each. The sureties must be civil servants on GL 16. They are to provide their employment and last promotion letters as well as their salary slip for the past 3 months. They are also to deposit 2 passport photographs and write an undertaken that the defendants will be present during trial.

    Likewise, the 2^nd defendant secured bail in the sum of N5million and one surety. The surety must be a blood relation who is a civil servant on GL 16. The defendant and her surety must deposit 2 passport photographs each. Also, the defendant must undertake in writing to be present during trial.

  Justice Agomoh adjourned the matter to January 13, 2016 for trial and ordered the defendants to be remanded in prison custody pending the perfection of their bail terms.

Reps Backs EFCC’s Anti-Graft Efforts

The House of Representative is resolved to fully support the Economic and Financial Crimes Commission in its determined efforts to tackle corruption and economic crimes in Nigeria. Chairman House of Representatives Committee on Narcotics, Financial Crimes and Anti- Corruption, Hon. Kayode Oladele gave this indication Tuesday, during an interactive meeting with the Acting Chairman of the EFCC, Ibrahim Mustafa Magu at the National Assembly Complex in Abuja.

Oladele said the House of Representatives and the Committee are determined to partner with the Executive to ensure significant reduction in incidents of financial crimes in Nigeria.

 “We are conscious of the growing need of anti-graft agencies in a rapidly evolving information age. Most transactions now take place on electronic platforms, and sophisticated networks of corporate, terrorist and political elements are now having convergent interests in keeping their illicit money and in perpetrating most economic crimes. This places additional pressure on our anti- graft agencies in understanding and smashing these networks.

 

 

“Within the limited resources available, this committee shall give the required support to the EFCC in ensuring that the agency is well equipped to undertake top-notch investigation and prosecution,” he said.

 

Responding, Magu thanked the Committee for the warm reception and show of support. He said he is convinced that, under his leadership the Commission will benefit from the wealth of experience of members of the Committee. He also urged the Committee to leave its doors open for him as he will be coming from time to time for advice and suggestions from them .

 

“ I will be counting on your advice and suggestions as we partner in this difficult task of freeing our nation from the grip of corruption. I will also be counting on your support to overcome some of the challenges which we face in the discharge of our duties.”

 

The EFCC Boss said the Commission in 2014 recorded 126 convictions and so far in 2015 the Commission is working on increasing the figure.

 

Magu presented the Commission’s 2015 budget performance to the Committee. He said out of the total allocation of N10, 472,982,781 (Ten Billion, Four Hundred and Seventy Two Million, Nine Hundred and Eighty Two Thousand, Seven Hundred and Eighty One Naira), the sum of N8,781,256,943,75.   (Eight Billion, Seven Hundred and Eighty One Million, Two Hundred and Fifty Six Thousand, Nine Hundred and Forty Three Naira, Seventy Five Kobo) which represents 83 percent was released as at November, 2015

He urged the committee to intervene in the completion of the Commission’s proposed head office which he said, will address the serious office accommodation problem faced by the Commission.

Magu who was accompanied on  the visit by the Secretary to the Commission, Emmanuel Adegboyega Aremo and other members of the EFCC management team, thanked the Committee for the vote of confidence in the Commission. He promised that the Commission will do its best in ensuring that the fight against all forms of graft in the country is taken to a higher level.

Other members of the Committee present include: Hon. Goodluck Obia who is the deputy chairman of the committee, Hon. Danladi Baido, Hon Rufai Ahmed Chanchangi amongst others.

 

 

EFCC Docks Yuguda, Bafarawa, Dasuki, Others for Alleged N28bn Fraud

A former Minister of State For Finance, Bashir Yuguda and five others were today arraigned by the Economic and Financial Crimes Commission, EFCC before Justice Peter Afen of the Federal Capital Territory (FCT) High Court, sitting in Maitama, Abuja on a 22-count charge bordering on conspiracy, bribery, abuse of office and criminal breach of trust to the tune of N28, 315, 000.000.

 Yuguda, who is the first defendant, is charged alongside with Col. Mohammed Sambo Dasuki, a former National Security Adviser; Shuaibu Salisu, a former Director of Finance and Administration, Office of the National Security Adviser; Attahiru Dalhatu Bafawara, a former governor of Sokoto State; Sagir Attahiru, Bafarawa’s son and Dalhatu Investment Limited. Count one  of the charge reads:

“That you, Col. Muhammed Sambo Dasuki( rtd.), whilst being the National Security Adviser and Shuaibu Salisu,  whilst being the Director of Finance and Administration in the office of the National Security Adviser,  between  14^th April, 2014 and 7^th  May, 2015 in Abuja, within the jurisdiction of the Honourable Court, entrusted with dominion over certain properties to wit: an aggregate sum of N3, 350, 000,000 (Three Billion, Three Hundred and Fifty Million Naira) being part of the funds in the account of the Office of the National Security Adviser with the Central Bank of Nigeria (CBN), committed criminal breach of trust in respect of the said properties when you transferred same to the account of Dalhatu Investment Limited with United Bank for Africa Plc, purporting same to be payment for the supply of security equipment and thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.”

Another count reads: ‘‘That you, Dalhatu Investement Limited, Sagir Attahiru and Attahiru Dalhatu Bafarawa, between 14^th  April, 2014 and 7^th May, 2015 in Abuja, within the jurisdiction of this Honourable Court dishonestly received stolen property, to wit: an aggregate sum of N3, 350,000.00( Three Billion, Three Hundred and Fifty Million Naira) into your account with United Bank For Africa Plc., from the account of the National Security Adviser with the Central Bank of Nigeria, which belonged to the Federal Government of Nigeria and knowing the said sum to be stolen property but purporting same to be payment for the supply of security equipment and you thereby committed an offence punishable under Section 317 of the Penal Code Act, Cap 532, Vol. 4, LFN 2004.’’The accused persons pleaded not guilty to the charges when they were read to them.

Justice Afem adjourned the case to Wednesday, December 16, 2015 for hearing of bail applications.

Nine Foreigners Bag five Years Jail Term for Illegal Oil Bunkering

... Two Nigerians Also Bag Two Year Jail

Justice Ibrahim Buba of the Federal High Court, Lagos today December 15, convicted and sentenced nine foreigners alongside their vessel for illegal oil bunkering. The convicts, arraigned by the Economic and Financial Crimes Commission, EFCC, on June 18, 2015 were found guilty on a 4-count charge that bordered on conspiracy and illegal oil bunkering.

The convicts are five Bangladeshi and four Filipinos. They are Axel Joseph Gibo Jabone, MD  Zahirul  Islam, Juanto Camireno Infantado, Suarin Fernando Alave, Gatila Jaypee Gadayan, Islam Shahinul, Islam Rafiqul, Shaikh Shibli Nomany and Rolando Jose Comendador.  The vessel is  MT Asteris.

Justice Buba found the nine persons guilty on a four-count charge and accordingly convicted and sentenced them to five years imprisonment on each of the count. The sentences are to run concurrently.

 However,  Justice Buba gave each of the convicts an option of N20 million fine on the four counts.

Justice Buba also ordered that the vessel, MT Asteris and cargo on board be forfeited to the Federal Government of Nigeria.

MT Asteris and the crew members were intercepted by Nigerian Navy Ship Beecroft during a routine operation in the Nigeria waters on March 28, 2015 with 3423.097 Metric Tons of Crude Oil without lawful authority or appropriate license, an offence contrary to Section 1 (19)(6)of the Miscellaneous Offences Act Cap M17, Laws of the Federation  of Nigeria 2004 and punishable under Section 17 of the same Act.

Upon interception, Captain of the vessel claimed that the vessel was not carrying any product but further investigation by the Commission revealed that the vessel was carrying petroleum product without the relevant documents indicating where the product was lifted and its destination.

In a related development, Justice Buba also convicted and sentenced Alakinde Wale and Boniface Onuabuchi to two years imprisonment on a five count charge bordering on conspiracy and dealing in petroleum product without lawful authority. The convicts were said to have in June 2014 conspired among themselves to commit an offence of dealing in premium motor spirit without lawful authority  or appropriate licence.

Justice Buba also gave the convicts an option of N500,000 fine on each of the five count but ordered that the vessel, MV Zahra and the  cargo on board be forfeited to the Federal government of Nigeria.

EFCC Files Two Fresh Charges Against Akpobolokemi, former NIMASA DG, Others

A day after he was re-arrested in front of the Federal High Court in Ikoyi, Lagos, the Economic and Financial Crimes Commission, EFCC has slammed two separate charges on Patrick Apkobolokemi, a former Director General of the Nigerian Maritime Administration and Safety Agency, NIMASA, and others.

In one of the new charge filed before a Federal High Court in Lagos, Akpobolokemi faces 40 counts of fraud and money laundering to the tune of N34.5billion.

In the second charge filed before a Lagos state High Court, Akpobolokemi is accused of stealing N600million. Both charges are yet to be assigned even as the embattled former NIMASA chief battle to secure his release on bail, pending arraignment in court.

Sources at the EFCC disclosed that the Commission had to re-arrest the former NIMASA boss following fresh evidence of fraud.

The former DG was arrested December 14, after his trial was adjourned by Justice Ibrahim Buba of the Federal High Court, Lagos, where, alongside five other individuals, he is facing criminal charges to the tune of N2.3billion( Two Billion, Three Hundred Thousand Million Naira) filed against them by the EFCC.

Akpobolokemi’s arrest is on the strength of fresh evidence that he allegedly converted the sum of N11,737,854,485.00( Eleven Billion, Seven Hundred and Thirty Seven Million, Eight Hundred and Fifty Four Thousand, Four Hundred and Eighty Five Naira, and another N816,000,000( Eight Hundred and Sixteen Million Naira, totaling N12, 905, 485.00, meant for the development of the temporary site of the proposed Nigeria Maritime University, Kurutie, Warri South Local Government area of Delta State,  for his personal use.

The suspect was said to have obtained a  presidential approval of N13, 000,000,000( Thirteen Billion Naira only) through the office of the then National Security Adviser to President Goodluck  Jonathan, Colonel Sambo Dasuki( retd)  for the acquisition and development  of a temporary site for the Nigeria Maritime University.

Out of the total approved amount, a sum of  N11,737,854,485.00( Eleven Billion, Seven Hundred and Thirty Seven Million, Eight Hundred and Fifty Four Thousand, Four Hundred and Eighty Five Hundred Naira) was  allegedly  paid into a company suspected to be owned by Chief Government Oweize Ekpemopolo a.k.a Tompolo.

After the said money was paid, investigation further showed that N6, 000,000,000(Six Billion Naira) was further moved into another account belonging to one of the associates of the indicted DG.

Also,the sum of N816, 000,000 (Eight Hundred and Sixteen Million Naira) allegedly obtained through a presidential approval for the Voluntary International Maritime Organisation Members State Audit( VIMSAS) implementation in Nigeria, was allegedly diverted to his personal us

EFCC to Establish Procurement Fraud Unit – Magu

EFCC Press Release

Ibrahim Magu, Acting Chairman, Economic and Financial Crimes Commission, EFCC, on Wednesday, December 16, 2015 indicated his resolve to create a new Unit, to be known as Procurement  Fraud Unit, PFU, with a view to strengthen the Commission’s efforts in fighting corruption.

“I am so concerned about procurement fraud. I am thinking of establishing a Unit, purely on procurement fraud. When put in place, it will go a long way in checking corruption”, Magu said.

The EFCC boss made this disclosure while playing host to a coalition of Civil Society Organisations, CSOs, who paid him a courtesy call in his office.

The anti graft czar who vowed to tackle all shades of corruption headlong solicited support and collaboration of all stakeholders.

“The task of fighting corruption is herculean and should not be left in the hands of anti corruption agencies alone. Your participation and support for the anti corruption fight is key. Most importantly, I need your help to do the job. Let’s put heads together and move this country forward”, Magu pleaded.

Earlier, Lanre Suraju, Chairman, Civil Society Network Against Corruption, CSNAC, said they were in the Commission to congratulate the new Acting Chairman on his appointment and intimate him on areas which the organization could partner with the Commission in fighting corruption.

Suraju who described Magu as courageous and incorruptible officer, assured that, the organization was prepared to lend more support to efforts of the Commission aimed at tackling corruption in the country.

Internet Fraudster Bags Two Years Jail Term

EFCC Press Release

The Economic and Financial Crimes Commission, EFCC on  November 15, 2015 secured  the conviction of an internet fraudster, Egbeniyi Oluwafemi( a.k.a Raymond Morrison, Mavis Mar and Markus Fred), who was sentenced to two years imprisonment by Justice A.M Liman of the Federal High Court, Benin, Edo State.

 The convict who was first arraigned on February 5, 2013 for offences bordering on internet scam and obtaining money by false pretense to the tune of 200 Euros from one Rita, a German citizen, was pronounced guilty on counts 1 and 3 of the 3-count charge  and sentenced to one year imprisonment each on both counts.

Oluwafemi was arrested on January 18, 2013 by  officers of the 4 Brigade/ Sector 1, OP PULO SHIELD, Nigeria Army, and handed over to the EFCC on January 23, 2013 for further investigation and prosecution.

 

One of the counts reads, “that you, Egbeniyi Oluwafemi (alias Raymond Morrison, Mavis Mar and Markus Fred) on or about the 10^th of June 2012 in Benin City, Edo State within the jurisdiction of this Honourable Court did conspire to commit felony to wit: Obtaining Money by False Pretense and thereby committed an offence contrary to Section 8(a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1(3) of the same Act”.

N28bn Arms Deal: Court Reserves Ruling on Yuguda’s Bail Application

  EFCC Press Release
 
Justice Peter Afem of the FCT High Court, sitting in Maitama, Abuja, has fixed Monday, December 21, 2015, for ruling on the bail application of former Minister of Finance, Bashir Yuguda, and five others.

Yuguda alongside  Col. Mohammed Sambo Dasuki( rtd.), a former National Security Adviser; Shuaibu Salisu, a former Director of Finance and Administration, Office of the National Security Adviser; Attahiru Dalhatu Bafawara, a former governor of Sokoto State; Sagir Attahiru, Bafarawa’s son and Dalhatu Investment Limited are being prosecuted by the Economic and Financial Crimes Commission, EFCC, on a 22-count charge  bordering on conspiracy, bribery, abuse of office and criminal breach of trust to the tune of N28, 315, 000.000.

Count one of the charge reads: “That you, Col. Muhammed Sambo Dasuki( rtd.), whilst being the National Security Adviser and Shuaibu Salisu,  whilst being the Director of Finance and Administration in the office of the National Security Adviser,  between  14th April, 2014 and 7th  May, 2015 in Abuja, within the jurisdiction of the Honourable Court, entrusted with dominion over certain properties to wit: an aggregate sum of N3, 350, 000,000 (Three Billion, Three Hundred and Fifty Million Naira) being part of the funds in the account of the Office of the National Security Adviser with the Central Bank of Nigeria (CBN), committed criminal breach of trust in respect of the said properties when you transferred same to the account of Dalhatu Investment Limited with United Bank for Africa Plc, purporting same to be payment for the supply of security equipment and thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.”

Moving his application for bail on Wednesday, December 16, 2015,  P.T. Akpe, SAN, counsel to the first defendant, Yuguda, urged the court to admit him (Yuguda) to bail pending the hearing or determination of the charges preferred against him.

Akpe also told the court that the first defendant was a respectable Nigerian who had a distinguished record of public service.

‘‘He is eager to clear his name of the charges, if he is granted bail. Besides, the offences, which have been preferred against him, are ordinarily bailable.  I, therefore, urge you, my Lord,  to grant the first defendant bail on liberal terms to enable him clear his name,’’ he added.

In his submission,  Ahmed Raji, SAN, counsel to the second defendant,  Dasuki, prayed the court to admit the defendant to bail on either self-recognisance or liberal terms.

Raji, who cited sections 32 sub-section 3, 158, 162, 163, 167 and 168 B of the Administration of Criminal Justice Act 2015 as well as Sections 35, 36 sub-section 5, 36 sub-section 6(b) of the 1999 Constitution as amended, urged the court to dismiss the content of the counter-affidavit deposed by the prosecution as mere speculation.

According to him, ‘‘It lacks any cogent proof. It is at best a cocktail of speculations. It is all salad of lies.  The prosecution claimed that the second defendant wired several millions of Naira to some foreign accounts and that he acquired properties abroad, but he failed to state the specific addresses of the alleged properties. My Lord, the second defendant is a retired military officer. The military is a profession of honour and for somebody who has risen to the position of a National Security Adviser, it only shows that he is a respectable man and will not run away from the course of justice, if he is granted bail.

‘‘In all cases of financial crimes, the theory of punishment is restitution and not imprisonment.  The defendant is not in court for murder, terrorism or any offence that attracts capital punishment. My Lord, restitution or disgorgement is easier when the accused is outside and not in confinement.’’

Also, while moving his application for bail on behalf of the third defendant, Salisu, the defence counsel, A. U. Mustapha prayed for an  order of the court admitting the defendant to bail pending the determination or hearing of the matter.

Mustapha, who supported his application with an eight-paragraph affidavit, a written address as well as further address to the counter-affidavit by the prosecution, told the court that the applicant was ready to stand trial against the charges preferred against him.

He described the applicant as a civil servant who had served his fatherland for 29 without blemish, adding that ‘‘he has been in detention for the past 31 days.’’

He pleaded with the court to also order the prosecutors to allow the third defendant to be reporting for any further investigation between 10am and 6pm, if he is granted bail.

Counsel to the 4th and 5th defendants, G.O. Olatoke,  told the court that the burden of  proof  weighed higher on the prosecution than on the defendants.

According to him, both the 4th and 5th defendants had given enough reasons that they would not jump bail, if they were granted bail by the court.

Moving his application for bail on behalf of the sixth defendant, H.O. Afolabi, SAN, told the court that the charges were bailable.

Afolabi, who argued that the prosecution should prove why the court should refuse the defendant bail, said: ‘‘He is a former state governor.  He was abroad when he learnt that his attention was needed by the EFCC, he took the next available flight to Nigeria and reported himself at their office. So, my Lord, I am at a loss why my learned colleague is saying that the sixth defendant will run away from justice, if he is granted bail.’’

However, the prosecution counsel, Rotimi Jacobs, SAN, while opposing the bail application by the defendants, told the court to dismiss the claims by all the counsel to the defendants that the contents of the prosecution counter-affidavits were speculative

He, therefore, urged the court to consider the merit of the submission, the nature of the offences as well as the gravity of the proof of evidence submitted before it.

‘‘Are the defence counsel saying that the charges preferred against the defendants, which could attract 14 years jail term, are not serious?  Even if they reported themselves to EFCC for investigation, there is a great incentive for them to jump bail now that they know the weight of the facts and evidence against them,’’ he added.

Jacobs, who pleaded with the court that granting bail  to the six defendants would send a wrong signal to the Nigerian public, further said:  ‘‘ Is it just fair to allow them to go on self-recognizance? My Lord, the public funds meant for buying security equipment to fight insurgency were diverted by the defendants and used for private purposes. Many soldiers have lost their lives because they were ill-equipped.

‘‘It is even a risk to release them now on bail. The society is aggrieved.  They should remain where they are and defend themselves.  The families of the soldiers who lost their lives are crying. My learned friends here know the truth.’’

Reacting to the submissions by the counsels to the second and third defendants, he said the fact that the defendants had occupied top positions in the society could make them interfere with the course of justice.

Jacobs, who described the case involving the six defendants as the first of its kind in Nigeria, said the first, second, third and sixth defendants, could intimidate the prosecution witnesses who had worked under them at different times, if they were granted bail.

He further urged the court not to entertain the claim of ill health advanced by both the fifth and sixth defendants on the grounds that they lacked sufficient proof.

According to him, ‘‘the  fifth defendant claimed that he had chronic ulcer and that he had been to several hospitals for treatment to no avail before he resorted to a native doctor in Ilorin, but he failed to show any evidence of this.’’

After listening to submissions by counsel, Justice Afem fixed Monday, December 21, 2015 for ruling on the bail applications and ordered the accused persons to be remanded in the EFCC custody.