Court Orders Forfeiture Of Diezani’s Allegedly Stolen $153m

Court Orders Forfeiture Of Diezani's Allegedly Stolen FundsA Federal High Court sitting in Lagos has ordered the temporary forfeiture of the sum of $153,310,000, which a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueze, allegedly siphoned from the Nigerian National Petroleum Corporation (NNPC) and stashed in three banks in the country.

Out of the allegedly stolen $153.3m, a sum of N23,446, 300,000 was said to have been kept in Sterling Bank Plc, N9,080,000,000 in First Bank Plc and $5m in Access Bank Plc.

After ordering the temporary forfeiture of the monies to the Federal Government on Friday, Justice Muslim Hassan gave Sterling Bank and any other interested party 14 days to appear before him to prove the legitimacy of the monies, failing which the funds would be permanently forfeited to the Federal Government.

The judge made the order in favour of the Economic and Financial Crimes Commission (EFCC) which appeared before him on Friday with an ex-parte application seeking the temporary forfeiture of the funds.

In a nine-paragraph affidavit filed in support of the ex parte application, an EFCC investigator, Moses Awolusi, claimed that the anti-graft agency discovered through its investigations how sometime in December 2014 Diezani invited a former Managing Director of Fidelity Bank Plc, Nnamdi Okonkwo, to her office where they hatched the plan of how a cash sum of $153,310,000 would be moved from NNPC to Okonkwo to be saved for Diezani.

According to Awolusi, Diezani instructed Okonkwo to ensure that the money was “neither credited into any known account nor captured in any transaction platforms” of Fidelity Bank.

Awolusi said Okonkwo accepted and implemented the deal leading to the movement of $153,310,000 from NNPC to Fidelity Bank.

He said two former Group Executive Directors of Finance and Account of NNPC, B.O.N. Otti and Stanley Lawson, helped Diezani to move the cash from NNPC, Abuja to the headquarters of Fidelity Bank in Lagos.

Awolusi said in a desperate bid to conceal the source of the money, Okonkwo, upon receiving it, instructed the Country Head of Fidelity Bank, Mr Martin Izuogbe, to take $113,310,000 cash out of the money to the Executive Director, Commercial and Institutional Bank, Sterling Bank Plc, Lanre Adesanya, to keep.

He said the remaining $40million was taken in cash to the Executive Director, Public Sector Accountant, First Bank, Dauda Lawal, to keep.

The investigator said out of the $113,310,000 handed over to Adesanya, a sum of $108,310,000 was invested in an off balance sheet investment using Sterling Asset Management Trustees Limited.

He said the $108,310,000 was subsequently changed to N23,446, 300,000 and saved in Sterling Bank.

Awolusi said the EFCC had recovered the N23.4bn in draft and had registered it as an exhibit marked, EFCC 01.

The investigator said the EFCC had also recovered another $5million out of the money kept with the MD of Access Bank Plc, Mr Herbert Wigwe.

He said the $5m was recovered in draft and had been registered as an exhibit marked, EFCC 02.

According to him, First Bank’s ED, Lawal, had converted the $40million kept with him to N9,080,000,000.

Awolusi, however, said that the EFCC had recovered that also in draft and registered it as Exhibit EFCC 03.

Moving the ex-parte application on Friday, the EFCC lawyer, Mr. Rotimi Oyedepo, urged Justice Hassan to order the temporary forfeiture of the funds to the Federal Government and to order Sterling Bank and Lawal, who were joined as defendants in the application, as well as any other interested parties, to appear in court within two weeks to show cause why the funds should not be permanently forfeited to the Federal Government.

Oyedepo, who said the application was brought pursuant to Section 17 of the Advance Fee Fraud and Other Related Offences Act No. 14, 2006 and Section 44(2)(‘) of the 1999 Constitution, said granting the application was in the best interest of justice.

After hearing him out, Justice Hassan granted the order and adjourned till January 24, 2016 for the respondents to appear in court to show cause why the funds should not be permanently forfeited to the Federal Government.‎

Rights Enforcement Suit: Court Allows Fresh Evidence Of Rickey Tarfa

Rickey-TarfaA Federal High Court sitting in Lagos has allowed a Senior Nigerian lawyer, Rickey Tarfa, to file additional evidence in support of his fundamental rights enforcement suit against the Economic and Financial Crimes Commission (EFCC).

Justice Mohammed Idris on Wednesday, said that the EFCC would suffer no injury if Mr Tarfa’s “further and better affidavit” was allowed, stressing that it would better serve the interest of justice to allow the document.

Mr Tarfa had filed the additional evidence in opposition to an allegation by the EFCC that he offered a bribe of 225,000 Naira to Justice Mohammed Yunusa of the Federal High Court.

In the fresh evidence, a former member of  Tarfa’s law firm, one Mohammed Awal Yunusa, claimed to be the owner of an Access Bank account, which the EFCC had alleged belongs to Justice Yunusa.

The lawyer had earlier admitted that he and some friends donated the money to the judge for the burial of his father-in-law.

The EFCC’s counsel, Wahab Shittu, had opposed the fresh evidence, insisting it was an afterthought.

Justice Idris had ruled in Mr Tarfa’s favour on the grounds that a party should be allowed to bring any evidence or material that would aid his case.

Mr Tarfa had approached the court asking it to award him the sum of 2.5 billion Naira as damages against the EFCC over his unlawful arrest and detention.

Joined as defendants are: the Commission’s acting chairman, Ibrahim Magu, the EFCC operatives that arrested him, Moses Awolusi, and the Deputy Director Operations, EFCC, Lagos office, Iliyasu Kwarbai.

Apart from the monetary compensation, Tarfa also asked the court to compel the defendants to release his two mobile handsets allegedly collected from him on Friday, February, 5.

He stated that the EFCC intended to destroy all information, data and other retrievable materials stored in the two handsets.

Mr Tarfa also sought an order urging the court to direct the defendants to release his Mercedes Benz SUV with registration Number, KJA 700CG unlawfully seized from him.

The Senior Advocate of Nigeria also asked the court to order the EFCC, Magu and the other defendants to publicly apologise to him in at least two widely circulated national newspapers, on social media and the Nigerian Television Authority (NTA) as well as Channels Television within 24 hours from the day of the judgment of the suit.

He asked for an order of perpetual injunction restraining all the defendants and their agents from further violating his rights.

Hearing of the application has been fixed for Thursday, March 3.