The Economic and Financial Crimes Commission (EFCC) was established in 2003 via an Act of the National Assembly to, among other responsibilities, fight Advanced Fee Fraud (419), money laundering and economic crimes in Nigeria. It operates like the United Kingdom Financial Intelligence Unit (UKFIU), as well as the Financial Crimes Enforcement Network (Fin- CEN), a Bureau of the United States (US) Department of the Treasury. So far, the EFCC has successfully secured the convictions of former governors of Bayelsa and Edo states, Chiefs Diepreye Alamieyeseigha and Lucky Igbinedion, respectively.
While Alamieyeseigha, who has since been granted presidential pardon, pleaded guilty to charges of money laundering, Igbinedion, on the other hand, was convicted and given what many have called “a slap-on-thewrist” sentence. But a former Delta State governor, James Ibori, who was cleared of money laundering charges by a Nigerian court, now serves a jail term in the United Kingdom (UK), after being convicted of money laundering charges. Analysts have identified some factors as responsible for the noticeable delay in the pending trials of accused persons, especially Politically Exposed Persons (PEPs).
Concerns have been raised on the manner of long adjournments that often characterise some of the criminal cases pending before different courts. There are several instances where both parties will appear in court-either for continuation of trial or ruling on one interlocutory application or the other-only to be told that ‘the court is not sitting’; the Registrar then gives a long date for parties to return.
Most often than not, some criminal cases are stalled owing to interlocutory applications by way of preliminary objections, motions to quash charges, and appeals pending trials. Some prosecutors, it has been observed, bungle cases prosecuted by the anti-graft agency. It is difficult to reconcile the fact that, despite the unambiguous rules of court, which provide that leave must be sought before charges are preferred against suspects in court, cases abound where prosecutors filed charges without fulfilling this condition precedent. This lacuna leaves the court with only one option – dismissal of the cases.
Again, some cases have been dismissed or thrown out in the past for want of diligent prosecution. Notwithstanding, the commission said it has recorded some modest achievements. For instance, at a recent press conference addressed by the Head of Media and Publicity, Mr. Wilson Uwujaren, the EFCC said between 2012 and 2014, the commission recovered N65.3 billion.
Nnamani: N5bn yet to commence
The EFCC moved against a former governor of Enugu State, Dr. Chimaroke Nnamani, shortly after he served out his second term on the platform of the Peoples Democratic Party (PDP) in 2007. Specifically, Nnamani was arraigned on a 105-count charge bordering on alleged money laundering to the tune of N5 billion.
He was first arraigned before a Federal High Court sitting in Lagos in 2007, alongside one of his former aides, Sunday Anyaogu and six companies allegedly linked to them. The companies linked to them, according to the EFCC, are: Rainbownet Nigeria Limited, Hillgate Nigeria Limited, Cosmos FM, Capital City Automobile Nigeria Limited, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School. In 2014, however, the anti-graft agency sought and obtained the nod of the court for separate trial, and on May 19 this year, the companies pleaded guilty to a 10-count (amended) charge.
Judgement is being awaited. Nnamani who, records say has been granted permission about three times to travel abroad on medical grounds, is also being accused alongside others, of conspiring to launder statutory allocations of five local governments when he was governor. Interestingly, proper trial of Nnamani is yet to commence since arraignment eight years ago, and the case has suffered several setbacks, owing to several interlocutory applications by the accused former governor, amid adjournments on other grounds.
Dariye: To face trial
Former Plateau State governor, Senator Joshua Dariye, is being prosecuted by the EFCC on a 23-count charge bordering on alleged money laundering and illegal diversion of public funds to the tune of N2 billion. Dariye governed Plateau State between 1999 and 2007.
Dariye’s interlocutory appeal challenging the competence of the charge pending before a Federal Capital Territory (FCT) High Court, was thrown out by the Supreme Court on February 27 by a five-man panel of Justices, who ordered him to go and stand trial before the trial court.
The EFCC believes that the former governor allegedly diverted the said amount from the state’s Ecological Fund. The nine property EFCC said it recovered from Dariye, are: Plot 1802 A04, No. 19 Frederick Chiuba Close, Asokoro, Abuja; Plot of land in the name of Jambo Holdings Nigeria Limited, Rayfied, Jos; House No. 11, Rest Road, Jos, and plot of land at Gada Village, off Adiko Buruku Road by Pharm Headquarters, Jos. Others are: plot of land at Liberty Boulevard, Jos; plot of land at Ibrahim Taiwo Avenue, Jos; two additional plots along Dogon Dutse Road, Jos; plot of land at Gold and Base Neighbourhood, Jos, and plot of land known as Yelwa Club, Bukuru, Jos.
Audu: Facing N11bn fraud allegation
Prince Abubakar Audu, a former governor of Kogi State, is standing trial over alleged money laundering to the tune of N11 billion. Audu, who governed Kogi between 1999 and 2003, is being prosecuted alongside a former Director-General of the state’s Directorate of Rural Development, Alfa Ibn Mustapha, for offences bordering on alleged criminal breach of trust and misappropriation of public funds.
Audu’s previous attempt at getting the court to quash the charge, had failed; a development, which paved the way for the EFCC to call witnesses to substantiate its claim that the ex-governor had abused his office between 1999 and 2003. The EFCC had issued a statement a few months ago, that Audu attacked an operative of the commission, for trying to take his photograph in court. The case is being tried by Justice Adeniyi Ademola.
Doma’s N15bn trial
A former Nasarawa State governor, Aliyu Akwe Doma, is facing a 17-count charge bordering on alleged money laundering and diversion of public funds estimated at N15 billion, before a Federal High Court in Lafia, the state capital. The former governor has been in and out of the court after he completed his one-term tenure in 2011.
Nyame battles N1.3bn fraud allegation
Rev. Jolly Nyame, former governor of Taraba State, is being prosecuted by the EFCC on a 41-count charge of money laundering, criminal breach of trust to the tune of N1.3 billion. Nyame was accused of converting N250 million meant for the purchase of stationeries by the Taraba State government for personal use between January and February 2005. The case is still in court.
Fayose’s trial temporarily halted
At its last briefing held in May, the EFCC maintained that “the case against Ayodele Fayose has only been temporarily halted by the fact of his re-election as Ekiti State Governor.” Before Fayose’s election last year, the EFCC had filed a 27-count charge of alleged diversion of about N860 million meant for the state poultry project during his first term in office between 2003 and 2006. Fayose’s tenure is expected to end in October 2018, when the Independent National Electoral Commission (INEC), is expected to conduct a fresh governorship election.By then, the governor would no longer enjoy immunity from prosecution and it is expected that trial of the fraud allegation will resume.
Turaki’s N36bn trial still on
Alhaji Saminu Turaki, who governed Jigawa State on the platform of the PDP between 1999 and 2007, is facing trial in connection with a case of criminal conspiracy, stealing, money laundering and misappropriation of public funds. Records show that Turaki was first arraigned before an FCT High Court in 2007 on 32-count charge of misappropriating N36 billion while in office as Jigawa governor. The former governor, however, succeeded in transferring the criminal matter to a Federal High Court in Dutse, the state capital, after challenging the territorial jurisdiction of the court. In 2013, Justice S. Yahuza, ordered the Inspector General of Police (IGP), to arrest the former governor over his failure to appear before the court.
Ex-PDP chair, Mu’azu, still elusive
Alhaji Adamu Mu’ azu, former Bauchi State governor and former national chairman of the PDP, is still being investigated by the EFCC, in a case involving N19 billion alleged money laundering. Mu’azu governed Bauchi between 1999 and 2007. He recently resigned as PDP national chairman. It will be recalled that the commission had, in 2010, dispelled rumour that it had cleared Mu’azu of corruption allegations.
Saraki freed?
The chairman of the commission, Mr. Ibrahim Lamorde, had disclosed that the anti-graft commission was still investigating Senate President Bukola Saraki, over his alleged role in the collapse of Société Générale Bank of Nigeria (SGBN). Lamorde made the position known in Abuja on March 22. He said: “With regards to Bukola Saraki, some of the investigations around him are going on. Those that we have proven, which was not directly by him, but his associates, last week we took them to court in Kwara, although the court did not sit…So, that is as far as that investigation has gone.” Operatives of the commission had interrogated Saraki on the allegation. Saraki governed Kwara State between 2003 and 2011. A Federal High Court in Abuja recently cleared him of corruption charges.
Odili’s perpetual injunction
Available records show that former governor of Rivers State, Dr. Peter Odili, arguably, the first former public office holder in recent history, that succeeded in obtaining a perpetual injunction from a court of competent jurisdiction, restraining the EFCC and the Police from arresting or probing his eight-year tenure as governor. Justice Ibrahim Buba of a Federal High Court sitting in Abuja had, in 2008, made an order of perpetual injunction against moves by EFCC to probe Odili’s tenure. “The subsisting judgement of March 2007 by this court is binding on all parties… “Therefore, there is a perpetual injunction restraining the EFCC from arresting, detaining and arraigning Odili on the basis of his tenure as governor based on the purported investigation,” the judge had held.
Akala’s N11bn fraud debacle
Like others, Chief Adebayo Alao- Akala, erstwhile governor of Oyo State, is facing an 11-count charge bordering on alleged conspiracy, contract awards without budgetary provisions and obtaining money by false pretence to the tune of N11 billion. Attempts by the former governor to quash the criminal charge had failed, as an Appeal Court in Ibadan, the state capital, on April 15, 2014, dismissed the appeal he lodged challenging the dismissal of his preliminary objection by the trial court sometime in 2012.
Akala is standing trial alongside Senator Hosea Agboola, and a businessman, Olufemi Babalola. The Ogbomosho-born politician’s attempt to return to Agodi House during the April 11 governorship election on the platform of the Labour Party (LP), did not yield the intended outcome.
Gbenga Daniel’s trial
Sometime in 2012, the EFCC re-arraigned a former governor of Ogun State, Otunba Olugbenga Daniel. Daniel was re-arraigned on a fresh 38-count charge of alleged fraudulent conversion of land, failure to declare assets, stealing and corruptly obtaining properties. The new charge was necessitated by the throwing out of the first 43-count criminal charge
Kalu takes on EFCC
The EFCC had on July 27, 2007 arraigned former Governor of Abia State, Dr. Orji Uzor Kalu, before an Abuja High court on a 107-count charge of alleged money laundering, official corruption and diversion of public funds totalling over N5 billion. Kalu is, however, challenging the competence of the charge at the Supreme Court.
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