Tag: EFCC

A Federal High Court in Abuja has faulted the Economic and Financial Crimes Commission (EFCC) for obtaining a freezing order against Micoz Bluelink Enterprise’s $163,592 U. S. dollars domiciled in United Bank for Africa (UBA) without concrete evidence.

Justice Emeka Nwite, in a ruling, held that the EFCC had failed to provide evidence that the funds constituted proceeds of fraud or any crime committed either in Nigeria or elsewhere.

Justice Nwite, who agreed with the argument of the company, held that the anti-graft agency bore the burden of proving its case, but failed to do so.

The judge consequently set aside the earlier interim order made on Sept. 9, 2024, freezing the funds in Micoz Bluelink Enterprise’s account.

The ruling followed an application filed by Akpasi Oziegbe (trading under the name and style of Micoz Bluelink Enterprise) against the freezing order of the court made against his bank account.

The enterprise was incorporated by the Corporate Affairs Commission (CAC) in 2021 to carry on the business of general trading and distribution, haulage, automobiles and spare parts, general merchandise and general contracts.

The News Agency of Nigeria (NAN) reports that the EFCC had, in its motion ex-parte, prayed for an interim order freezing the company’s bank account.

In its affidavit deposed to by Austin Elem, an investigator with the commission, the officer averred that on July 14, 2022, Micoz Bluelink received an inflow of $163,592 U.S. dollars in its account with UBA from the law firm of Steve J. Mandel.

The investigator said that upon receipt of the $163,592 from the law firm, UBA Plc received a SWIFT callback message from Citi Bank, New York, where the funds originated.

According to Elem, Citi Bank requested that the said funds be recalled on the grounds that the funds were related to ‘unjust enrichment’ and ‘fraudulent transfer,’ prompting UBA Plc to place a restriction on the account.

He further stated that UBA Plc subsequently transferred the funds to a suspense account at their headquarters, leading the applicant to lodge a complaint with the relevant institutions.

As part of its ongoing investigation, the official said the EFCC wrote to the American Embassy, requesting information on the law firm of Steve J. Mandel in New York concerning the funds.
“The American Embassy is yet to respond to the letter,” he averred.
Besides, the EFCC contacted the Federal Bureau of Investigation (FBI) to assist in investigating the allegations of unjust enrichment and fraudulent transfer as alleged.
“The FBI has commenced investigations but is yet to conclude,” Elem said
The investigator emphasised that it had not been determined if the funds represented payment for miniature artefacts in ceramic form, as claimed by the applicant (company).
“The respondent/applicant has not provided any evidence before this honourable court to show that the funds were for the procurement of miniature artefacts in ceramic form,” he said.
Elem urged the court to uphold the freezing order granted on Sept. 9, 2024, asserting that lifting the order would prejudice the EFCC’s ongoing investigation.
The company, through its lawyers, Ojukwu Chikaosolu, SAN, and Adeyemo Dolapo Richard, disagreed with the EFCC’s claims.
It argued that the commission’s allegations were false and aimed at misleading the court.
The firm, in the application, said that the callback request cited by the EFCC merely referenced “unjust enrichment” without providing further clarity.
It argued that the EFCC’s application to freeze the account was made in the absence of any concrete evidence.
“A person to whom miniature artefacts in ceramic form were supplied may believe that the artefacts are overpriced and may thus initiate a callback.
“Selling such artefacts at a high price does not constitute a criminal offence,” the company argued.
It accused the EFCC of fishing for an offence to justify its application to freeze the account.
“There is no reasonable suspicion to sustain the freezing order on the applicant’s account. The EFCC’s counter-affidavit does not demonstrate that the funds constitute proceeds of fraud,” it argued.
The company urged the court to set aside the order, stating that maintaining the freezing order without direct and cogent evidence of fraud or crime violated its rights to fair hearing and property, as protected by law.
Delivering the ruling, Justice Nwite agreed with the applicant’s counsel that, in the absence of any report by the bank indicating criminal evidence, the funds in the applicant’s account were not proceeds of crime.
The judge held that the EFCC “does not have any concrete or reasonable suspicion that an offence was committed by the applicant and merely sought the court’s order to punish the applicant, who, in fact, was the one who lodged the complaint.”
He held that the EFCC bore the burden of proving that its application to freeze the applicant’s account complied with the law but failed to provide evidence that the funds constituted proceeds of fraud or any crime committed either in Nigeria or elsewhere.
Justice Nwite also observed that the EFCC did not rely on a criminal complaint, court order, charge, or indictment but merely sought to freeze the applicant’s account.
He further held that perpetuating the order would amount to enabling the EFCC to violate the applicant’s rights to fair hearing.
“I hold that the application of the applicant is meritorious.
“I hereby declare that the funds in Micoz Bluelink Enterprise’s account with UBA are not proceeds of fraud, crime, or any unlawful activity,” he said.
The judge declared that the applicant is constitutionally entitled to access its funds, having not been proven to be involved in any crime.
Justice Nwite consequently discharged the freezing order.

By Biola Lawal

Abuja (FLOWERBUDNEWS): The Economic and Financial Crimes Commission,  (EFCC) has described as uncharitable and unaccepted, Mr. Omowole Sowore’s denigrating remarks about the Commission’s successful confiscation of a whopping 753 duplexes funded with proceeds of corruption.

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EFCC Spokesman, Dele Oyewale wrote in a statement:

The Economic and Financial Crimes Commission,  (EFCC) is following with  keen interest,  the flurry of reactions to its record-breaking recovery of 753 duplexes and other apartments on Plot 109 Cadastral Zone C09, Lokogoma District, Abuja.

The commentaries of reform-minded Nigerians to the Commission’s painstaking efforts in securing the final forfeiture of the Estate to the Federal Government of Nigeria, are appreciated.

However, the denigration of such efforts by Omowole Sowore and his think-same and act-same, is unacceptable and grossly un-charitable.

The allegation of a  cover up of the identity of the promoters of the Estate stands logic on the head in the sense that the proceedings for the forfeiture of the Estate were in line with Section 17 of the Advance Fee Fraud Act which is a civil proceeding that allows for action-in-rem rather than action-in-personam.

The latter allows legal actions against a property and not an individual, especially in a situation of an unclaimed property.  This Act allows you to take up a forfeiture proceeding against a chattel that is not a juristic person.  This is exactly what the Commission did in respect of the Estate.

The proceedings that yielded the final forfeiture of the Estate were products of actionable intelligence available to the Commission.

The company flagged by our investigations denied ownership of the Estate following publications made in leading national newspapers. On the basis of this, the Commission approached the court for an order of final forfeiture which Justice Jude  Onwuegbuzie of the Federal Capital Territory,  FCT, High Court granted on Monday,  December 2,  2024.

The expectation of the EFCC from citizen Sowore is a patriotic appreciation of its efforts in securing such a landmark forfeiture.

It is shocking that the activist is not concerned about the systemic lassitude and unhelpful permissiveness that allowed such a monstrous corrupt act in the first instance.

Nigerians should gear up more against lapses and loopholes in our system that continue to make the nation vulnerable to corrupt tendencies.

The EFCC will continue to safeguard the financial space of the nation against manipulators and organised brigandage.

It is important to note that the substantive criminal investigation on the matter still continues.  It will be unprofessional of the EFCC to go to town by mentioning names of individuals whose identities were not directly linked to any title document of the properties.  The EFCC is unwavering in its no-sacred-cow approach to every matter and together we will make Nigeria greater. (FLOWERBUDNEWS)

By Biola Lawal
Abuja (FLOWERBUDNEWS): The Economic and Financial Crimes Commission, (EFCC) has announced the haul of 753 units of duplexes and other apartments recovered from a government official who forfeited Abuja Estate covering over 150,500 square metres.

 Justice Jude Onwuegbuzie, on Monday,  December 2, 2024 gave a ruling on a final forfeiture of an estate in Abuja  measuring 150,500 square metres and containing 753 Units of duplexes and other apartments.

This is the  single largest  asset recovery by the Economic and Financial Crimes Commission, EFCC, since its inception in 2023, Dele Oyewale, EFCC Spokesman disclosed in a statement on Monday, a copy of which was made available to Flowerbudnews.

Oyewale wrote:

  The Estate rests on on Plot 109 Cadastral Zone C09, Lokogoma District, Abuja

The forfeiture of the property to the federal government by a former top brass of the government was pursuant to EFCC’s mandate and policy directive of ensuring that the corrupt and fraudulent do not enjoy the proceeds of their unlawful activities.

In this instance, the Commission relied on Section 17 of the Advance Fee Fraud And Other Fraud Related Offences Act No 14, 2006 and Section 44 (2) B of the Constitution of the 199 Constitution of the Federal Republic of Nigeria to push its case.

Ruling on the Commission’s application for the final forfeiture of the property, Justice Onwuegbuzie held that the respondent have not shown cause  as to why he should not lose the property, “which has been reasonably suspected to have been acquired with proceeds of unlawful activities, the property is hereby finally forfeited to the federal government.”

The road to the final forfeiture of the property was paved by an interim forfeiture order, secured before the same Judge on November 1, 2024. The government official which fraudulently built the estate is being investigated by the EFCC.  The forfeiture of the asset is an important modality of depriving the suspect of the proceeds of the crime.

 The justification for the forfeiture is derived from Part 2, Section 7 of  the EFCC Establishment Act, which  stipulates that the EFCC “has power to cause investigations to be conducted as to whether any person, corporate body or organization has committed any offence under this Act or other law relating to economic and financial crimes and cause investigations to be conducted into the properties of any person if it appears to the Commission that the person’s lifestyle and extent of the properties are not justified by his source of income.”

The Commission’s Executive Chairman, Mr. Ola Olukoyede, has repeatedly described asset recovery as pivotal in the fight against corruption, economic and financial crimes and a major disincentive against the corrupt and the fraudulent.

Addressing members of the House of Representatives Committee on Anti-corruption recently, he said, “If you understand the intricacies involved in financial crimes investigation and prosecution you will discover that to recover one billion naira is war. So, I told my people that the moment we start investigation we must also start asset tracing because asset recovery is pivotal in the anti-corruption fight; and one of the potent instruments that you can deploy as an anti-corruption agency for an effective fight is asset tracing and recovery.

If you allow the corrupt or those that you are investigating to have access to the proceeds of their crime, they will fight you with it. So one of the ways to weaken them is to deprive them of the proceeds of their crime. So, our modus operandi has changed simultaneously. The moment we begin investigation, we begin asset tracing. That was what helped us to make our recoveries.”

The Establishment Act of the Commission places huge emphasis on asset recovery. Subject to the provisions of Section 24 of the Act, “whenever the assets and properties of any person arrested under the Act are attached, the Commission shall apply to the court for an interim forfeiture and where a person is arrested for an offence under the Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic and financial crime and shall thereafter cause to be obtained an interim attachment order from the Court. And where the assets or properties of any person arrested for an offence under the Act has been seized or any assets or property has been seized by the Commission under the Act, the Commission shall cause an application to be made to the Court for an interim order forfeiting the property concerned to the Federal Government and the court shall, if satisfied that there is prima facie evidence that the property concerned is liable to forfeiture, make an interim order forfeiting the property to the Federal Government, which the Commission would usually escalate to earn a final forfeiture”.

 This procedure was duly followed in this respect.  The recovery of the asset represents a milestone in the annals of operations of the EFCC and infallible proof of the commitment of President Bola Ahmed Tinubu to the anti-corruption war.

By Iyiola Olalere

Abuja (FLOWERBUDNEWS):  Justice Maryanne Anenih of the Federal Capital Territory, FCT, High Court, Maitama, has directed that a hearing notice be served on Yahaya Bello, former governor of Kogi State, at his residence and on the court’s notice board.

This follows his repeated failure to appear in court for arraignment on charges of fraud involving N101.4 billion, Dele Oyewale, Head,  EFCC Media & Publicity disclosed in a statement

Oyewake wrote:

In a ruling on Thursday, November 14, 2024, Justice Anenih instructed that the hearing notice be pasted at Bello’s residence at No. 9 Benghazi Street, Wuse Zone 4, Abuja, and displayed on the court’s notice board. The court issued this order as the public summons requiring Bello’s appearance is set to expire on November 17, 2024, allowing him a few remaining days to comply.

The Economic and Financial Crimes Commission, EFCC requested an adjournment to allow Bello more time to respond to the public summons, which provides a 30-day period for his appearance. According to the counsel to the EFCC,  Jamiu Agoro, the option of issuing a warrant of arrest is premature as the 30-day compliance period has not yet expired.

Justice Anenih thereafter granted the EFCC’s request for an adjournment, setting November 27, 2024, as the new date for Bello to appear in court for arraignment.

Recall that the court had previously issued a public summons on October 3, 2024, after Bello failed to attend prior hearings related to the new 16-count charges filed against him by the EFCC. The charges include allegations of fraud amounting to N101.4 billion.

A Federal High Court in Abuja, on Wednesday, ordered the EFCC lawyer, Abbas Mohammed, to confirm and report back to the court if an alleged “misleading” report on the court’s proceedings was from the commission’s website.

Justice Obiora Egwuatu gave the order after the defence lawyers in the money laundering trial of Ali Bello and his co-defendants accused the EFCC of publishing untrue accounts of what transpired in court on Tuesday on its website against their clients.

Abubakar Aliyu, SAN, and Nureini Jimoh, SAN, who appeared for the defendants in the alleged N3 billion fraud, had informed Justice Egwuatu about the development shortly after the matter was called.

They complained that a report on the proceedings of Tuesday posted on the website of the anti-graft agency and on social media contradicted what transpired in court, and that this was not the first time such would happen.

The lawyers alleged that the witness, who was cross-examined, said that he never said that the money used in the payment of the school fees of the children of the former governor, Alhaji Yahaya Bello, came from Kogi State Government but that what the EFCC reported in the media was different.

The EFCC had filed an alleged money laundering charge against Bello, Abba Adaudu, Yakubu Siyaka Adabenege and Iyadi Sadat as 1st to 4th defendants, respectively.

Although they were arraigned before Justice Egwuatu, they all pleaded not guilty to the charge.

Upon resumed hearing on Wednesday, Jimoh, who appeared for 2nd, 3rd and 4th defendants, had informed the court that though the matter was slated for continuation of hearing, however, he had a preliminary application to make.

He said his application hinged on the publication by the prosecution.
The senior lawyer alleged that there had been incessant and unfair publications by the EFCC against the defendants, which might negatively affect public confidence in the administration of justice.

“We have kept quiet severally when these publications were coming from the EFCC so as to allow the trial to proceed,” he said.

Jimoh said the “misleading publications” were meant to incite the public against the decision of the court in the trial.
“After proceedings yesterday (Tuesday), in the evening, we saw a disturbing publication on the EFCC website, saying that PW-3 (the 3rd prosecution witness) affirmed before Justice Obiora Agwuatu of the Federal High Court in Abuja that funds were brought to him (witness) by the agents of the state government to pay the school fees of Alhaji Yahaya Bello’s children,” he said.

The lawyer said that such publications, which were contrary to what actually transpired in court, could grossly affect the proceedings of the court and public confidence in the justice system.

“I want to draw the attention of your lordship to Rule 39 of the Rules of Professional Conduct that forbid such advertisment or publication.
“My application therefore is that if this honourable court finds that this publication is contrary to proceedings in court yesterday, that the court directs that the publication should be brought down immediately on the website and that the EFCC should publish a rejoinder immediately.
“My number three application is that the EFCC should stop forthwith from making such publications,” he prayed.
Jimoh also urged the court to suspend proceedings pending when the EFCC complied with the directives.
He said this was to ensure the sanctity of the administration of justice in obedience to the statutory laws.
He then gave a copy of the printout of the publication from the commission’s website to the EFCC’s lawyer, Mohammed, in open court.
Corroborating Jimoh’s submission, Aliyu, who represented Bello (1st defendant) in court, drew the attention of the court to a ruling of the Supreme Court in Atiku Abubakar Vs. INEC and others.
The lawyer said that the apex court cautioned lawyers against engaging in social media reports to divert the attention of the public from what really transpired in court.
According to him, the court says counsel must review their conduct and desist from engaging on social media.
“We are having a situation where what the witness said is contrary in the social media.
“This is not the first time this is happening. We made same complaint before Honourable Justice Omotosho.
“The witness (PW-3) said he never said the money came from Kogi State Government but what they are saying in the media is different,” Aliyu added.
Responding, EFCC’s lawyer said though he had seen the printed publication, he could not verify its source for now.
“Confirm for clarity sake whether it is from your website,” the judge said.
“I will need to confirm from the media team my lord.
“We are minister in the temple of justice that is why I said I would need to confirm from the media team my lord,” he said.
Justice Egwuatu, in a short ruling, ordered the prosecution lawyer to confirm the publication in his office and report back on the next adjourned date.
Meanwhile, the trial continued with Aliyu’s cross examination of PW-3, Jamilu Abdullahi, a Bureau de Change operator.

When Aliyu asked the witness if Mohammed Idris was the person that brought the 300,000 dollars to him, the witness said he could not remember who brought the money.

Again, when the lawyer asked the PW-3 if he would be surprised that the N2.1 billion paid into the 2nd defendant’s account on Dec. 14, 2021, from which the school fees was paid, was a loan from Access Bank, the witness said he did not know the source of the money.
The Judge thereafter adjourned the matter until Nov. 28 for continuation of hearing.
It would be recalled that on Tuesday, the PW-3 was cross-examined by Aliyu in the ongoing trial.

By Biola Lawal
The Economic and Financial Crimes Commission, (EFCC), has arrested 55 suspected internet fraudsters at different locations in Offa, Offa Local Government Area of Kwara State.

The suspects were arrested on Wednesday, October 30 by the Operatives of the Ilorin Zonal Directorate of the anti-graft agency, EFCC Spokesman, Dele Oyewale disclosed in a statement, a copy of which was made available to FLOWERBUDNEWS

”They were arrested in a sting operation in their hideouts following credible intelligence on their suspected involvement in internet-related offences,” he stated further.

Items recovered from the suspects include nine exotic cars,  two bikes, laptops,  smart phones as well as charms.

The suspects would be charged to court upon conclusion of investigations, Oyewale said. (FLOWERBUDNEWS)

By Danladi Ahmed

The Executive Chairman of the Economic and Financial Crimes Commission, EFCC, Mr. Ola Olukoyede, has called on youths in the country to shun the allure of internet crimes and resist the get-rich-quick syndrome associated with it  to safeguard their future and wellbeing.

He made the call recently in Abuja at an event organized by the “Child Protection Initiative against Cybercrime”, Dele Oyewale,EFCC Head,  Media & Publicity disclosed in a statement.

The EFCC boss who was represented by Assistant Superintendent of the EFCC ASE1 Ogunjobi Olalekan emphasized that there is honour in hard work and uprightness rather than in earning money through fraud and at the risk of going to prison.

“You can become whatever you want to be, but don’t yield to peer pressure or quick gains from cybercrime,” he said.

While highlighting the challenges posed by internet fraud, Olukoyede cautioned that concerted efforts should be taken to break the negative hold of the fraud on  nations.

He identified cybercrime enablers among Nigerian youths to include: high rate of unemployment, internal and external pressures to acquire material possessions and overly supportive parents and guardians. The latter according to him may be well-intentioned, but “inadvertently foster a lack of self-control and discipline in children.”

He added that the toxic mix of societal and familial influences can lead vulnerable youths down a dangerous path of cybercrime, including online scams, identity theft, and other malicious activities.”

He identified research and development, dedicated support systems, promotion of positive online behaviour and parental involvement (controls and monitoring, family workshops) as effective measures against the allure of cybercrime.

Speaking earlier, the organizer of the event, Delmwa Gogwim said the mission of the “Child Protection Initiative against Cybercrimes”  was to ensure the safety of children and teenagers in the digital space in their quest for education, entertainment, self-development, and 21^st Century skill building and to enable young people to be able to express and promote themselves in the society.

“Cyber security is not just for your safety, but the safety of your loved ones. With over 140 million Nigerians connected to the internet, and more than half of them being young people, our focus is on tomorrow’s leaders. Their exposure to and utilization of the internet can be a transformative force, not only for themselves but for the entire nation,” she stated.

Similarly,  the representative of the Speaker,  Plateau State House of Assembly, Gabriel Dewan urged youths to be productive and shun cybercrimes and other forms of criminality. (Flowerbudnews)