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EFCC boss testifies against Ali Peters, Nadabo Energy over N761.6m subsidy fraud

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Justice S. S. Ogunsanya of the Lagos State High Court sitting in Ikeja, Lagos, on Wednesday, September 22, 2021, admitted in evidence several documents tendered by the Economic and Financial Crimes Commission, EFCC, against one Abubakar Ali Peters and his company, Nadabo Energy Limited, in an alleged N761.6m fraud.

Mr Abubakar and his company are being prosecuted by the Economic and Financial Crimes Commission, EFCC, over a 21-count charge bordering on obtaining money under false pretence, diversion of Federal Government funds and forgery to the tune of N761,628,993.84.

One of the counts reads: “Nadabo Energy Limited and Abubakar Ali Peters, on or about 26th day of September, 2011 in Lagos, within the Ikeja judicial division, fraudulently obtained the sum of N761,628,993.84 from the Federal Government by falsely representing that the sum represented the subsidy accrued to Nadabo Energy Limited under the Petroleum Support Fund for the importation of 16,808,064 litres of Premium Motor Spirit (PMS), which Nadabo Energy Limited purported to have purchased from Delano Petroleum Corporation Akara Tortola British Virgin Island, and transported the 16,808,064 litres through MT Gotland Carolina (mother vessel) and MT Sonia (daughter vessel) to Nigeria, whereas Nadabo Energy Limiter only imported 7,953,962 litres of PMS from Delany Petroleum Corporation Akara Tortola British Virgin Island and transported 7,953,962 litres of PMS through MT Gotland Carolina (mother vessel) and MT Songa (daughter vessel) to Nigeria.”

The offence, which involves obtaining by false pretence, is contrary to Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act No 14 of 2006.

He pleaded “not guilty” to the charges when he was arraigned on October 7, 2015, thereby prompting the commencement of his trial.

At the resumed sitting today, the Executive Chairman of the EFCC, Abdulrasheed Bawa, continued his examination-in-chief as the second prosecution witness.

Led in evidence by the prosecuting counsel, S.K. Atteh, the prosecution, through the witness, tendered in evidence several documents, as Mr Bawa further testified to the findings of the investigation he led into the alleged fraud.

The prosecution witness said: “In 2015, we received a complaint from the then Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, alleging fraud in the importation of PMS by Nadabo, and equally received a petition from Falana & Falana Chambers dated 17th of January, 2012.”

The petitions, which also included a complaint from a civil society group, he said, formed the bedrock of the investigation into Nadabo Energy Limited.

However, when the prosecution sought to tender the documents in evidence, the defence counsel, E.O. Isiramen, raised objections to their admissibility.

Citing the sections of the Evidence Act and other authorities, he argued that the documents, referencing the letter of complaint emanating from the civil group, did not meet the criteria stated in the Act, particularly that “there is no proof of payment for certification in line with established judicial authority that certification requires payment.”

Opposing the objection, Mr Atteh cited the case of Sule Lamido vs FRN, arguing that, “the Commission is an agency of the Federal Government and has no prescribed fee to be paid for certifying documents emanating from it.”

After listening to the arguments, the trial judge dismissed the objection and admitted the documents as exhibits P2 to P5.

Thereafter, Bawa told the Court that a Special Team was constituted by the EFCC to probe the subsidy regime.

He said: “The first port of call was the Petroleum Products Pricing Regulatory Agency, PPPRA.”

He also noted that after meeting with PPPRA, the defendant was among many involved in importing petroleum.

“Based on intelligence from PPPRA, we set out to get more intelligence.

“All the banks involved were written to, including the Central Bank of Nigeria, CBN, the Debt Management Office, DMO, Nigeria Port Authorities, NPA, NIMASA, the Nigerian Navy and many other companies involved in dealing with Nadabo Energy Limited.

“We invited all marketers to come forward with the documents they submitted to PPPRA.

“In this particular case, we wrote to him and his company, inviting them to bring forward all documents submitted.

“On 28th January, 2012, he came to our office and I personally interviewed him,” he said.

He added that the PPPRA was, thereafter, contacted to furnish the EFCC with the certified true copies of all documents submitted to it by the defendant.

“They responded in writing attaching the documents submitted by the defendant.

“When we received it, we compared it with the ones he submitted to us and found out that he claimed that he imported 6,000 MT each with two Letters of Credit financed by then Spring Bank Plc, which was not the case,” he further said.

Mr Bawa, in his further elaborate testimony, told the Court that in the course of the investigation, which began in 2012, the EFCC had several correspondences with the DMO, PPPRA, Enterprise Bank, Corporate Affairs Commission, CAC, Staco Insurance Company, Delaney Petroleum Corporation, Skye Bank and Q & Q Services Nigeria Limited.

He said based on the findings of the investigation team, the PPPRA was asked to recompute the money to be paid to the defendant and it was found that he was overpaid N761,628,993.84 as subsidy funds for PMS he claimed to have imported.

According to Mr Bawa, the defendant allegedly used forged documents to claim subsidy funds for 12,000MT of PMS, whereas only about 6,000 MT was imported by the defendant.

Atteh sought to tender the series of correspondences between the EFCC and the various companies and organisations contacted in the course of investigation.

According to Mr Atteh, the companies and organisations supplied the EFCC with documents indicating that fraudulent documents were used by the defendant to obtain subsidy funds from the government.

Mr Isiramen, however, raised objections to their admissibility, raising earlier arguments.

Ruling on the objections, Justice Ogunsanya only upheld Isiramen’s argument to the admissibility of the letter of the EFCC to the Registrar of the CAC, being a photocopy with no certification, but admitted all the other documents marking them as Exhibits P8 to P25.

Thereafter, Bawa told the Court that Abubakar was invited to the EFCC and he gave statements on January 28, 2012 and February 8, 2012.

As Atteh sought to tender the statements, Isiramen again raised objections, arguing that “he was detained in EFCC custody and subjected to inhuman conditions and he was not given water, no food.”

Atteh, however, told the Court that the defendant was never given an inhuman treatment and that the statements were, in fact, not confessional statements.

Thereafter, the trial judge dismissed the objection and admitted the statement in evidence marked as Exhibits P26 and P27.

The case has been adjourned till November 1 and 2, 2021 for “cross-examination of the witness”.

The defendant is also standing trial before Justice C.A. Balogun of the Lagos State High Court sitting in Ikeja for an alleged N1.4bn subsidy fraud due for October 5, 2021 for continuation of trial.

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Commissioner for Justice, Zacchaeus Adangor Resigns After Being Redeployed By Governor Fubara.

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Commissioner for Justice and Attorney-General of Rivers State, Zacchaeus Adangor has rejected his redeployment as Commissioner for Special Duties.

Zacchaeus also tendered his resignation from the state executive council.

Zacchaeus had, on 14 December, resigned his position as the Attorney-General of the state following the face-off between Governor Sim Fubara and the Minister of the Federal Capital Territory, FCT, Nyesom Wike.

Zacchaeus and other commissioners who resigned due to the political crisis in the state, however, returned to the government after being reconfirmed by the state House of Assembly.

Fubara, earlier in the week, reshuffled his cabinet and redeployed Zacchaeus as the commissioner for Special Duties (Governor’s Office).

In a letter sighted by DAILY POST and addressed to the Secretary to the Rivers State government, Zacchaeus rejected his new office.

Zacchaeus, a strong ally of Wike, in his resignation letter, accused Governor Fubara of interfering with the performance of his duties as Attorney General of the state.

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Just in: Senator Ayogu Eze Dies At 65

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Famous former lawmaker, Senator Ayogu Eze, is dead. He died at the age of 65.

Ayogu represented Enugu North in the Senate during which time he played key role of the image maker of the Senate.

He died in an Abuja hospital after a protracted illness.

Sources squealed that Ayogu had been down, a situation that made him unable to attend his child’s wedding ceremony held earlier in the year in Lagos State.

He was a founding member of the Peoples Democratic Party, PDP, before he defected to the All Progressives Congress, APC, where he ran for Enugu State governorship election.

In the Senate, he was appointed chairman of the senate committee on Information and Media, making him the official spokesperson of the senate in 2007.

After his reelection to the senate in 2011, he was appointed chairman of the committee on works.

Eze also served as a member of committees on Police Affairs, National Planning, Marine Transport and Federal Character & Inter-Government Affairs.

In May last year, the Senate confirmed the appointment of Eze and five others as Federal Commissioners for Revenue Mobilisation Allocation and Fiscal Commission, RMAFC.

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EFCC may prosecute 300 forex racketeers

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•EFCC gets order to freeze 300 accounts, says one account transacted $15bn illegally

•Naira would have crashed massively if 300 accounts were not frozen – Chairman

The Economic and Financial Crimes Commission may prosecute 300 forex racketeers trading on a peer-to-peer platform outside the financial regulations.

The EFCC Chairman, Ola Olukoyede, who gave this indication during an interactive programme with editors and bureau chiefs in Abuja on Tuesday, revealed that the accounts were frozen following a court order on Monday.

He disclosed that one of the accounts traded over $15bn in the past year.

Recently, the Federal Government through the Nigerian Communications Commission blocked the online platforms of Binance and other crypto firms to avert what it considered continuous manipulation of the forex market and illicit movement of funds.

It also detained two senior executives of Binance, a cryptocurrency exchange amidst efforts by the government to rein in speculation on the naira by cracking down on cryptocurrency exchanges.

The government also sent EFCC operatives to arrest Bureau De Change operators at the popular Wuse Zone 4 in Abuja.

While the websites of Binance, Coinbase, and Kraken have been inaccessible in the country, reports said crypto traders now use alternatives like Bybit, Bitget, Kucoin, and Coincola and messaging platforms like Telegram which comes with an in-app wallet to make transactions.

But highlighting the measures being taken to protect the naira and stimulate the economy, Olukoyede explained that the forex accounts were frozen to ensure the safety of the foreign exchange market and protect the economy.

He stated that the efforts had helped the value of the naira and the forex market.

He pointed out that the commission needed the support of Nigerians to succeed as he emphasised that if the agency failed, Nigeria had failed.

‘Worse than Binance’

Olukoyede stated, “We observe due process in whatever we do. Do you know that the Binance case we are currently handling now has helped us to bring down the madness in the forex market?

’Suddenly, we discovered that there are people in the system who are even doing worse than Binance. They called them P2P and all of that. We noticed in the last two days ago that dollars have started appreciating. There was stability for 24 hours, then the naira was devalued again by N20 and N25. I don’t know whether you noticed that.

“It was due to the activities of some of these guys on P2P platforms like coolcoin. Some of you must have seen them on social media. To shock you; just yesterday (Monday), I asked them to freeze over 300 accounts. We found that one of those guys (account owners), had traded over $15bn last year.’’

Continuing, the lawyer said 300 illicit accounts would have led to a crash of the naira in the next week if the EFCC hadn’t moved against them.

He added, ‘’Our job is serious. We work 18 hours per day. We are not saying that Nigerians should praise us because that was what we signed for but where we deserve, we should be given. We are humans like Nigerians.

“Over 300 accounts in illicit forex trading that would have led to another crash in the next one week if we didn’t move yesterday. Some people just want to see this country go from bad to worse. We must find a way to work together. We got an order to freeze those accounts; Imagine what would have happened if we didn’t seize those accounts.’’

The EFCC boss said his agency was focusing on illegal mining which he described as an economic crime.

‘Illegal miners’

He stated that EFCC operatives had recently intercepted 40 trucks of illegally mined lithium, promising to prosecute the perpetrators.

He also shed light on the current moves to arrest a former Kogi State Governor, Yahaya Bello, vowing to pursue the case to its logical conclusion.

Olukoyede vowed to resign as EFCC chairman if Bello was not prosecuted even as he declared that he would bring to book those who obstructed the arrest of the former governor.

The EFCC chairman vowed that everyone involved in obstructing Bello’s arrest from his Abuja residence would face the full wrath of the law.

He hinted that the incumbent Kogi State governor, Usman Ododo, accused of helping his predecessor to escape arrest, may be investigated for obstructing a lawful operation.

The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2bn.

Olukoyede said that no matter what anyone did or the amount of attack against the anti-graft agency, he and his men would not relent in helping to sanitise the country.

He revealed how he put a phone call across to Bello following the allegations of corruption brought against him.

Olukoyede said, “I called Yahaya Bello, as a serving governor, to come to my office to clear himself. I shouldn’t have done that. But he said because a certain senator had planted over 100 journalists in my office, he would not come.

“I told him that he would be allowed to use my private gate to give him a cover, but he said my men should come to his village to interrogate him.”

Olukoyede noted that the EFCC did not violate any law while trying to arrest the former governor from his residence.

“Rather, we have obeyed the law. I inherited the case and I didn’t create it. Why has he not submitted himself to the law?” he asked.

He added, “I have arraigned two past governors who have been granted bail now — Willie Obiano and Abdulfatah Ahmed.”

Speaking further, he said, “We would have gone after him since January but we waited for the court order. As early as 7 am, my men were there; over 50 of them. They mounted surveillance. We met over 30 armed policemen there. We would have exchanged fire and there would have been casualties.

“My men were about to move in when the governor of Kogi drove in and they later changed the narrative.”

He vowed that all those who had dipped their hands in the nation’s coffers would be investigated and prosecuted.

“If I can do (Ex-Anambra governor Willie) Obiano, (Ex-Kwara governor) Abdulfatah Ahmed and Chief Olu Agunloye, my kinsman, why not Yahaya Bello?” Olukoyede noted.

He further revealed how the former governor withdrew $720,000 from the state’s coffers to pay his child’s school fees in advance.

Olukoyede noted that Bello wired the $720,000 from the state’s coffers through a Bureau de Change operator.

The EFCC boss, while expressing his dissatisfaction with the ex-governor for failing to honour the EFCC summons, said, “A sitting governor, because he knew that he was going, he removed money directly from government’s account to bureau de change, and used it to pay his child’s school fee in advance. Dollars, $720,000 in advance, in anticipation that he was going to leave the government house.”

He expressed dismay over the activities of internet fraudsters which he said was enjoying the support of some unscrupulous Nigerians.

According to him, banks in the country lost over N8 billion to internet fraud in 2022.

He said more than 71 per cent of companies operating in Nigeria were victims of cybercrime in 2022, adding that the anti-graft agency’s fight against internet fraud is about saving the nation’s future.

Olukoyede disclosed that the commission has created a cybercrime research centre where convicted internet fraudsters, known in local parlance as Yahoo Yahoo boys, will be trained to channel their knowledge to positive aspects of society.

The EFCC chair also said the agency is prosecuting two of its operatives for violating the agency’s code of conduct.

He said the commission has implemented some reforms to enhance its fight against corruption, including creating a directorate of fraud risk assessment/control and ethics/integrity.

Meanwhile, ex-governor Bello was on Tuesday served his charges through his counsel, Abdulwahab Muhammad (SAN) after Justice Emeka Nwite of the Federal High Court, Maitama, Abuja, ruled that the defendant should be served through his counsel, especially as he failed to appear before the court, yet again.

This was contained in a statement on Tuesday by the EFCC spokesman, Dele Oyewale.

The EFCC is prosecuting Bello alongside his Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19-count charges bordering on money laundering to the tune of N80.2bn

The commission’s attempt to arrest him last Wednesday at his Abuja residence failed as Bello refused to grant the operatives access to his residence or give himself up, leading to a stand-off which lasted for several hours.

He subsequently managed to escape the dragnet as he was allegedly helped by Governor Ododo who took him away in his car.

The EFCC declared him wanted while the Nigeria Immigration Service put him on its watchlist.

At Tuesday’s sitting, Bello’s counsel, Adeola Adedipe (SAN) prayed the court to quash the arrest warrant granted the commission against Bello, arguing that Tuesday’s substituted service to the defendant through Muhammad has invalidated the arrest warrant.

“The court is expected to do justice at all times. A warrant of arrest cannot be hanging on Bello’s neck when we are in this court. It appears to us that the defendant will not get justice because the court granted a warrant of arrest before service,” he said.

However, prosecution counsel, Kemi Piniero (SAN) in response, urged the court to decline hearing on any motion from Bello’s legal team until the defendant is physically present in court for his arraignment.

“The stage we are in now is to determine the whereabouts of the defendant. He cannot be in his house while the trial proceeds without him coming here to take his plea. My Lord, this is a criminal matter not a civil matter, he must come and take his plea.

‘’It is a matter of over N80 billion. All these applications by the defendant are to prevent his arraignment and frustrate the commencement of trial,” he said.

After hearing both counsels, Justice Nwite adjourned ruling on the defence’s application, seeking a revocation of the arrest warrant on Bello till May 10.

 

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