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Yahaya Bello: EFCC now a judge in its own cause

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By Sabiu Gaya

 

On Tuesday, April 23, 2024, Mr. Ola Olukoyede, Chairman, Economic and Financial Crimes Commission (EFCC) in the full glare of the media and diverse global audiences passed a verdict of ‘guilty’ on Yahaya Bello, former governor of Kogi State.

 

It was a crude enactment of the Latin phrase, ‘Nemo judex in causa sua’ which roughly translates as:  No man can judge his own cause; or be a judge in his own cause. At a media briefing in which senior editors were present, Olukoyede waxed emotional as he convicted Bello before the media and before the world. In his now trending video, the EFCC Chair did not allege that Bello embezzled funds from Kogi treasury, he said pointedly that the former governor stole from a state as poor as Kogi.

 

With a microphone and right before the media, Olukoyede gave a vivid account of how the former governor allegedly withdrew money from the state coffers to pay for his children’s school fees upfront. This is something an EFCC witness should be telling the court, not EFCC Chairman telling the media. He even threatened to resign if Bello was not prosecuted to the end.

 

He was emotional as he was recklessly showy in his theatrics to tar Bello, still a suspect until pronounced guilty by a court of law, in the darkest colour of ignominy.

There is a huge difference between law and emotions. Cases are determined on documentary evidence, not on the whims of emotions.

 

Debating the details of a Charge Sheet in the media by the prosecutor is not only sub-judice but also an affront on the defendant’s constitutional right to fair hearing. Why is EFCC engaging in needless drama if it has established a prima facie case against Bello? And why should the Chairman of the commission be the person huffing and puffing with a microphone before the media in a matter that is already active in court?

 

What the EFCC chair did was both morally and legally wrong. For a case that is already active in court, you don’t go with full throttle in the public space to be adjudicating on the matter and passing off statements that tendentiously suggest that Bello was already guilty before ever enjoying as much as a whiff of fair hearing in the court of law. Olukoyede as EFCC chairman has a dog in this fight with the Kogi ex-governor. He is the investigator and prosecutor, not the judge. EFCC is not the court either. But from what any discerning mind could glean off from the EFCC Chairman’s show on Tuesday, he has become the judge in his own cause, an abuse of a long-established legal dictum.

 

The EFCC is not a trial institution. The issue of guilty or not guilty is for the court to determine. Bello has approached the court to enforce his fundamental human rights, an inalienable right he is constitutionally entitled to. He got a restraining order barring the EFCC from arresting, harassing and prosecuting him. The EFCC appealed the order but lacked the discipline to wait for the court to vacate the order. Rather, the EFCC stormed Bello’s residence without a warrant of arrest but with full media coverage.

 

What manner of anti-graft agency is that? Jettisoning procedural route and embracing brigandage as the EFCC has done in the Bello case as in other notable cases makes people infer that no suspect will get fair hearing with the EFCC.

As it now stands, Bello is not assured of fair hearing if the EFCC Chairman could all but pronounce him guilty at a media briefing. This is not a prosecutorial procedure. It is persecution, crass and crude.

 

In a matter of this nature, once the case is before the court, the EFCC has no business with investigation. In a season when President Bola Tinubu and many senior lawyers are advocating for justice reforms, the EFCC is slipping deeper and deeper into the abyss of impunity and utter disregard for the rule of law. This is unacceptable as it is condemnable. Olukoyede’s actions these past weeks amount to subtle intimidation of the judges ahead of the real legal fireworks. That is not fair hearing. Justice is only said to have been done when there is fair hearing. It is actions of persons like Olukoyede and institutions like the EFCC that has made Nigerians to lose confidence in the judiciary.

An institution of justice, especially an investigating and prosecutorial institution like the EFCC ought to be diligent in its investigation, hence it is termed “discreet investigation.” If the EFCC has done its job of investigation very well and it has as much as established a prima facie case against Bello or any other person, it should head to court and save the nation the resources, time and drama of effecting arrest and taking the defendant into custody.

 

Ab initio, the EFCC has not been fair to Bello. The revelation by the EFCC Chair that he put a call across to Bello further begs the issue. Why call him or even accord him special privileges? In the eyes of the law, Bello is just another Nigerian citizen shorn of immunity, though a former governor. But even as a suspect, he is entitled to his fundamental human rights.

 

One of such rights is that he is presumed innocent until proven guilty by a court of competent jurisdiction. But EFCC is abridging such right. Its Chairman is now the one pronouncing Bello guilty via the media. It is an insult on the legal profession, lawyers and the court system. It is actions like this that have made Bello’s legal team to wonder if their client will ever get fair hearing and justice when the legal maelstrom begins.

 

Bello’s legal team has stated that the former governor is not running away from the court of law. They insist Bello believes in the judiciary, hence he approached the Kogi High Court to enforce his fundamental human rights. But they fear that with the body language of Olukoyede and his pronouncements lately, their client will be subjected to the most inhuman treatment not inside the court room but in the custody of an already biased EFCC. Olukoyede should tread lightly for the sake of the image of the commission.

 

 

·       Gaya, lecturer and public policy analyst, writes from Kano.

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EFCC indicts Sirika, brother in new N19bn fraud

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The Economic and Financial Crimes Commission has charged former Minister of Aviation, Hadi Sirika, his brother, Ahmad Sirika; and his company – Enginos Nigeria Limited, with over N19.4bn fraud.

The sum is said to be for several aviation ministry contracts from the former minister to Enginos Nigeria Limited, owned by Sirika’s younger brother, Abubakar.

The Sirika brothers and Enginos Nigeria Limited will be arraigned before Justice Belgore of the Federal Capital Territory High Court, Garki, Abuja today (Tuesday).

It is the second criminal charge the EFCC will be filing against the ex-aviation minister.

He was last Thursday arraigned for N2.7bn fraud before the High Court of the Federal Capital Territory in Abuja.

Sirika was arraigned on six counts alongside his daughter, Fatimah; brother-in-law, Jalal Hamma, and Al-Buraq Investment Ltd.

The defendants pleaded not guilty while Justice Sylvanus Oriji granted them N100m bail each, with the condition that they must not travel out of the country until the end of the criminal case.

On Monday, EFCC insiders informed The PUNCH that the anti-graft agency had filed a second charge against the ex-minister, bordering on N19.4bn fraud.

In the copy of the fresh charges sighted by our correspondent on Monday, the EFCC alleged that Sirika, “while being the Minister of Aviation, on or about 18th August 2022, in Abuja, within the jurisdiction of this honourable court, did use your position to confer an unfair advantage upon Enginos Nigeria Limited, whose alter ego, Ahmad Abubakar Sirika, is your biological brother, by using your position to influence the award to him, the contract for the construction of a terminal building at Katsina Airport for the sum of N1,345,586,500.00.”

According to the EFCC, Sirika’s alleged action was a violation of Section 19 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.

In another count, the EFCC alleged that “on or about 3rd of November, 2022, in Abuja,” Sirika used his position “to confer unfair advantage upon Enginos Nigeria Limited, whose alter ego, Ahmad Abubakar Sirika, is your biological brother, by using your position to influence the award to him, the contract for the establishment of Fire Truck Maintenance and Refurbishment Centre at Katsina Airport for the sum of N3,811,497,685.00.”

In another count, he was accused of corruptly awarding a N615,195,275.00 contract to his brother for the procurement and installation of lift and air conditioners and power generators for the Aviation House in Abuja.

Furthermore, the EFCC alleged that Sirika, between August 2022 and May 2023 in Abuja, “had possession of an aggregate sum of N2,337, 840,674.16, which sum you knew indirectly represented the proceeds of criminal conducts of Hadi Abubakar Sirika, who was the Minister of Aviation at the time.”

It was revealed that the ex-minister’s younger brother, Abubakar, was earlier arrested and detained by the EFCC in connection with N3,212,258,930.18 paid to his company, Enginos Nigerian Limited’s bank account by the former minister.

 

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Nigerian Bank chiefs obtain N549bn insider loans in five years

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Directors and key management personnel of Deposit Money Banks borrowed about N549bn from their financial institutions in five years.

This is according to The PUNCH analysis of the banks’ annual reports filed with the Nigerian Exchange Limited between 2019 and 2023.

However, the banks’ loans and advances to some directors and key management personnel as well as related party transactions dropped significantly in 2023.

These transactions dropped to N52.40bn for eight financial institutions compared to N111.31bn in 2022, indicating a 52.92 per cent decline in one year.

Financial institutions reviewed in the 2023 review include Access Holdings, Guaranty Trust Holding Company Plc, Zenith Bank Plc, United Bank for Africa, Fidelity Bank, Wema Bank, Stanbic IBTC Holding Plc and the FCMB Group.

This decline came amid the release of new corporate governance guidelines by the Central Bank of Nigeria which went into effect August 1, 2023.

In the circular dated July 13, 2023, and signed by Director, Financial Policy and Regulation Department, Chibuzo Efobi, the guidelines which imposed responsibilities on the bank board and the executive compliance officers, supersede other previous codes, circulars and related directives, according to the apex bank.

The CBN guidelines on related party transactions said, “Banks shall establish a policy concerning insider trading and related party transactions by directors, senior executives, and employees, as well as publish the policy or a summary of that policy on their website. 22.2 The policy shall contain appropriate standards and procedures to ensure it is effectively implemented. 22.3 In addition to the requirements in Section 22.2, there shall be an internal review mechanism carried out by the internal audit function of the bank, to assess the compliance and effectiveness of the policy.

“22.4 Any director whose facility or that of his/her related interests remains nonperforming in any financial institution for more than one year shall cease to be on the board of the bank and shall be blacklisted from sitting on the board of such bank and that of any other financial institution under the purview of the CBN. 22.5 No director-related loans and/or interest thereon shall be written off without the CBN’s prior approval.”

Leading the pack in terms of major decline in loans to related parties and entities controlled by key management personnel was Fidelity Bank Plc, which went from N92.31bn at the end of December 2022 to N2.09bn at the end of last year.

In footnotes, the bank however said that some of the related parties like A-Z Petroleum Limited, Dangote Group and Genesis Group as of 31 December 2022, had “exited the related party relationship post 2022 financial year in line with CBN requirement.”

In 2022, the total value of insider loans for 10 banks including Access Holdings, Guaranty Trust Holding Company Plc, Zenith Bank Plc, United Bank for Africa, Fidelity Bank, Wema Bank, Stanbic IBTC Holding Plc, FCMB Group, Unity Bank and Sterling Bank amounted to N131.04bn.

Fidelity Bank led the highest for the year, followed by Unity Bank at N17.32bn and UBA at N13.74bn.

In 2021, the loans to related parties of these financial institutions rose to N139.16bn with Fidelity Bank and UBA leading at N97.73bn and N15.28bn, respectively. GTCO trailed in third position with N6.859bn.

Between 2019 and 2020, a total of N226.6bn was disbursed as loans. In 2019, eleven banks borrowed its key management personnel a total sum of N29.65bn. The figure also includes loans to companies related to the directors.

An analysis showed that GTCO lent N155m, Zenith Bank (N1.76bn), UBA borrowed its directors N297m, Wema Bank (N5.2bn), Stanbic IBTC (N95m), FCMB (N4.8bn), Unity Bank(N7.14bn), Sterling Bank (N10.12bn) to related parties.

In 2020, the figure increased by 564 per cent or N167.32bn to N196.97bn.

Checks showed that Access Bank lent the highest with a total of N174bn to its directors and companies related to them. This was followed by Unity Bank with N7.55bn. Third on the list was Sterling Bank with N6.01bn.

Other banks including Fidelity borrowed its directors N986.2m, GTBank (N67.9m), Zenith Bank (N1.797bn), UBA (N206m), Wema Bank (N2.82bn), Stanbic IBTC (N332m), FCMB (N3.2bn), Unity Bank (N7.55bn), Sterling Bank (N6.01bn).

Commenting on the trend, the Chief Research Officer at InvestData Consulting, Ambrose Omordion said “In my language, they say, it is the yam that you know that you use to make pounded yam. If an organisation feels that the insider or director can pay the loans given to them, then there is no issue. It is when they do not pay that is where there would be issues.

“Like what is happening now in the economy, banks are not giving loans to ordinary companies unless those with names because of economic headwinds. If they give loans to the public and they are unable to repay, Non-Performing Loans will rise. If the banks offer to insiders that would pay, it is better for them.”

 

The Punch

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Court Orders Arrest of Ex-Naval Chief, Usman Jibrin Over Alleged N1.5billion Money Laundering Charges

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Justice Inyang Ekwo of the Federal High Court, Abuja, has ordered the arrest of a former Chief of Naval Staff, Vice Admiral Usman Jibrin, and two other officers over N1.5 billion money laundering charge.

 

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) dragged the trio before the court over fraud N1.5bn allegations.

 

The court issued the arrest warrant after hearing a motion exparte marked FHC/ABJ/CR/158/2023 and filed by ICPC counsel, Osuobeni Ekoi Akponimisingha.

 

In the motion, the lawyer submitted that Usman Jibrin Oyibe, Adam Imam Yusuf, Brigadier General Ishaya Gangum Bauka (first to third defendants), were investigated for allegations of money laundering and making false statements regarding diversion of funds in their respective military and paramilitary institutions, into companies in which they allegedly had stake.

 

According to him, at the commencement of the investigation into the allegations, the defendants were released on administrative bail on self-recognition because of their status as serving and former public figures and has since then refused to show up for possible arraignment in court.

 

The Lawyer prayed the court for a bench warrant against the 1st, 2nd and 3rd Respondents (Vice Admiral Usman Jibrin Oyibe, Adam Imam Yusuf, and Brigadier General Ishaya Gamgum Bauka) in charge No. FHC/ABJ/CR/158/2023 which is pending before the court for the purpose of arresting and bringing them to court for their arraignment and trial.

 

Listed as first to sixth defendants in the 17-count charge are Usman Jibrin Oyibe, Adam Imam Yusuf, Brigadier General Ishaya Gangum Bauka, Lahab integrated & Multi Services Limited, Gate Coast Properties International Limited and Ummays Hummayd Energy Ltd

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