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N24Billion Fraud: Appeal Court Okays Trial Of Ex-Accountant General, Otunla, After Refunding N6.4 Billion To Nigerian Government

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The Court of Appeal in Abuja has set aside the judgment of a lower court barring the Economic and Financial Crimes Commission, EFCC, from initiating either civil or criminal proceedings against former Accountant-General of the Federation, AG-F, Jonah Oguniyi Otunla.

In a judgment, a three-member panel of the Court of Appeal marked: CA/A/657/2021, on Monday, January 30, 2023, held that Otunla failed to prove that there was actually a non-prosecution agreement between him and the EFCC.

The court upheld the arguments of the lawyer for the Economic and Financial Crimes Commission, Sylvanus Tahir, SAN, and resolved the four issues, identified for determination, in favour of the Commission.

 

Justice Danlami Senchi, who read the judgment, noted that Otunla did not provide any written commitment, except his words and that of his lawyer, that such an agreement existed.

Justice Senchi held that Otunla could not halt his prosecution by merely claiming that there was an agreement, which existence he failed to establish with any credible evidence.

 

“In the instant case, there is no evidence to support the pleading of the respondent (Otunla) that he will not be prosecuted; that criminal or civil proceedings should not be instituted or initiated against him.

“There is no plea bargain or any documentary evidence relating to the President Panel for the Recovery of Funds. On the whole, the appeal is meritorious and it is allowed. The judgment of the Federal High Court, in suit number: FHC/ABJ/CS/2321/2021 delivered on the 16th day of July 2021 delivered by honourable Justice I. E. Ekwo is hereby set aside,” he said.

 

Other members of the panel – Justices Stephen Adah and Elfreda Williams-Daudu – agreed with the lead judgment.

The EFCC investigated Otunla in relation to two cases: The alleged diversion of about N24 billion meant for disengaged staff of the defunct Power Holding Company of Nigeria (PHCN) and the N2 billion allegedly received from the office of the National Security Adviser, ONSA.

 

In July 2021, Justice Inyang Ekwo of the Federal High Court in Abuja upheld Otunla’s claim of an existing verbal agreement between him and the then-acting Chairman of the EFCC, Ibrahim Magu, that he would not be prosecuted if he made a refund to the Federal Government.

Justice Ekwo, in the 2021 judgment on the suit, marked: FHC/ABJ/CS/2321/2021 filed by Otunla, held among others, that, in view of the assurance given to him by Magu, which informed his refund of the money, he could no longer be prosecuted for his actions while in office between 2011 and 2015.

 

Otunla had, in an affidavit, claimed that Magu promised him that he would not be prosecuted should he return funds traced to him and companies linked to him and his associates.

He stated that sometime in 2015, he was invited by a team of EFCC investigators to probe the alleged diversion of funds from the office of the National Security Adviser, ONSA, and the Power Holding Company of Nigeria, PHCN, pension funds. Otunla said he later met with Magu, in the course of the investigation, when the then acting EFCC chair told him in person to “refund the monies linked to your companies and nobody will prosecute you.”

 

He said, based on Magu’s promise, he had a reconciliatory meeting with the team of investigators, where he immediately undertook to make available some funds as refunds.

In line with the agreement, Otunla said one of the companies linked to him – Stellar Vera Development Ltd – refunded N750 million, another company – Damaris Mode Coolture Ltd – refunded N550 million, while the two firms later made an additional joint refund of N2,150,000,000.00 (Two billion, One Hundred and Fifty Million Naira only).

 

He added at a point, he raised several managers’ cheques for N10 million in favour of the EFCC, which he handed to the Economic Governance Section.

Otunla said, in all, he made a refund of N6,392,000,000.00 (Six Billion, Three Hundred and Ninety-Two Million Naira only) to the Federation Account through the EFCC.

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Appeal Court Reinstates Adeleke As Winner Of Osun Governorship Poll

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The Court of Appeal in Abuja has ruled that Governor Ademola Adeleke of the Peoples Democratic Party (PDP) is the winner of the Osun state governorship election.

At its sitting on Thursday, the appellate court nullified the judgement of the election tribunal declaring Gboyega Oyetola of the All Progressives Congress (APC) winner of the election.

Oyetola was declared the winner by the election tribunal after he went to court to challenge the victory of Adeleke, as announced by the Independent National Electoral Commission (INEC).

Delivering judgment on January 27, two out of the three-member panel held that the former governor was able to prove that there was over-voting in some of the polling units.

Adeleke had rejected the judgment, describing it as “a miscarriage of justice” and “an unfair interpretation against the will of majority of voters”.

In the 31 grounds of appeal, Adeleke begged the court for “an order setting aside the whole decision of the tribunal”.

He also sought “an order striking out the petition for want of competence and jurisdiction or in the alternative, an order dismissing the petition on the merit”.

Adeleke submitted that the tribunal exhibited bias when it said: “The second respondent cannot ‘go lo lo lo lo’ and ‘buga won’ as the duly elected governor of Osun state.”

The appellate court, in a unanimous decision by a three-member panel of Justices on Friday, held that the appeal the governor lodged to challenge his sacking by the Osun State Governorship Election Petition Tribunal, was meritorious.

Aside from setting aside the judgement of the tribunal, the court, in its lead judgement that was delivered by Justice Mohammed Lawal, awarded N500,000 cost against APC and its candidate, Oyetola.

 

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Travel Agent, Abioye Abolaji arraigned for visa fraud linked to 77 applicants

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The Police Special Fraud Unit in Lagos State has arraigned a travel agent, Abioye Abolaji, for alleged visa racketeering, including the forging of the United Nations invitation letters for no fewer than 77 visa applicants in the state.

The spokesperson for the PSFU, SP Eyitayo Johnson, in a statement on Thursday, said Abolaji was arraigned on 11 counts bordering on alleged forgery, obtaining money by false pretence, false representation and stealing.

He said, “The arrest of the suspect was in furtherance to a petition from the Diplomatic Security Services Regional Security office at the United States Consulate General, Lagos, which requested a discrete investigation into forged documents submitted by certain C-2 visa applicants to the Non-Immigrant Visa Unit of the USCG. The C-2 visa is an NIV category reserved for participants at United Nations conferences/events.

“An investigation by the USCG and the PSFU into 77 C-2 applications from 24 organisations in Nigeria to attend two separate conferences, including the 67th session of the UN Commission on the Status of Women and the UN 2023 Water Conference scheduled to take place in New York between March 22 and 24, 2023, revealed that most of the applicants are not qualified for the visa classification they applied for because the applicants provided forged UN invitation letters.

“The applicants, who claimed to be employees of Osun and Sons Agricultural Venture, Ray D. Exclusive Electrical Contractor, or ACE Technoresources Integrated Services, planned to attend the UN Water Conference as representatives or nominees of these organisations but investigation revealed that none of the organisations is in consultative status with the UN and that the employment of most of the applicants had no bearing to either of the referenced UN conferences.”

Johnson said further information elicited during police interviews of the visa applicants led to the arrest of Abolaji, who was described as the arrowhead of a notorious syndicate that specialised in visa fraud.

“Consequently, the Commissioner of Police, PSFU, Adepoju Ilori, advised prospective visa applicants to desist from patronising document vendors/visa racketeers for the processing of category B-1 and B-2 visas or any other travel documents.

The CP further encouraged applicants to research the procedure/requirements of visa for their intended country of destination or to approach the diplomatic section of the PSFU for guidance in order not to fall victim to visa racketeers. The unit is currently on the trail of other members of the syndicate,” the statement said.

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I Never Told Anyone That I Will Die Soon – Odumeje

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Controversial Anambra-based fiery pastor, Chukwuemeka Ohanaemere, popularly known as Odumeje has dismissed the rumour saying that he declared he would die soon.

Report had emerged that Odumeje, during Sunday service at Mountain of Holy Ghost Intervention and Deliverance Ministry, Onitsha, said he had completed his assignments on earth and was time to go.

The reports also alleged that the death announcement might not be unconnected with the demolition of part of his church recently by the State Government.

According to the reports, while the news came to some members of the congregation as surprise, others wept, saying they don’t want him to leave them soon.

But speaking on phone, Okoye described such news as untrue, saying the prophet never instructed his son, David to take care of his house after his death.

She said, is not true (that prophet Odumeje said during Church service last Sunday that he will die soon).

You know that some people when they want to destroy someone’s image, they will write something with your name and put it in a YouTube and say that you said it.

The prophet never instructed his son, David to take care of his house and that he will die soon.

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