Obasanjo Writes Saraki, Dogara, Accuses National Assembly Of Corruption, Greed, Lawlessness, Impunity

Former President Olusegun Obasanjo has written the National Assembly accusing the lawmakers of corruption, impunity, greed and of repeatedly breaking the nation’s laws.

In a letter dated January 13 and addressed to the President of the Senate, Bukola Saraki and the Speaker of the House of Representatives, Yakubu Dogara, the former president specifically accused the lawmakers of fixing and earning salaries and allowances far above what the Revenue Mobilisation Allocation and Fiscal Commission approved for them.

He also alleged that most of the 109 senators and 369 members of the House of Representatives were receiving constituency allowances without maintaining constituency offices as the laws required of them.

Mr. Obasanjo was president between 1999 and 2007.

In the letter, exclusively obtained by PREMIUM TIMES, the former president said on a few occasion, both in and out of office as president, he had agonised over the massive corruption and lawlessness at the National Assembly and other arms and tiers of government.

He said he had reflected and expressed, outspokenly at times, his views on the practice in the National Assembly “which detracts from “distinguishness” and “honourability” because it is shrouded in opaqueness and absolute lack of transparency and could not be regarded as normal, good and decent practice in a democracy that is supposed to be exemplary.”

While referring to the issue of budgets and finances of the federal legislature, Mr. Obasanjo said the present economic situation that the country has found itself in is the climax of the steady erosion of good financial and economic management which grew from bad to worse in the last six years or so.

According to him, the executive and the legislative arms of government must accept and share responsibility in this regard and that if there will be a redress of the situation as early as possible, the two arms must also bear the responsibility proportionally.

“The two arms ran the affairs of the country unmindful of the rainy day,” he said. “The rainy day is now here. It would not work that the two arms should stand side by side with one arm pulling and without the support of the other one for good and efficient management of the economy.”

The former president argued that the purpose of election into the Legislative Assembly particularly at the national level was to give service to the nation and not for the personal service and interest of members at the expense of the nation which seemed to have been the mentality, psychology, mindset and practice within the National Assembly since the beginning of this present democratic dispensation.

He asked pointedly, “Where is patriotism? Where is commitment? Where is service?”

He stated further, “The beginning of good governance which is the responsibility of all arms and all the tiers of government is openness and transparency.

“It does not matter what else we try to do, as long as one arm of government shrouds its financial administration and management in opaqueness and practices rife with corruption, only very little, if anything at all, can be achieved in putting Nigeria on the path of sustainable and enduring democratic system, development and progress. Governance without transparency will be a mockery of democracy.”

Going more specific, Mr. Obasanjo noted that a situation where our national budget was predicated on $38 per barrel of oil with estimated two million barrels per day and before the budget was presented, the price of oil had gone down to $34 per barrel and now hovering around $30 and the country has no assurance of producing two million barrels and if it could, it would have no assurance of finding market for it, definitely calls for caution.

He added that if production and price projected in the budget stand, the country would have to borrow almost one third of the N6 trillion budget.

He stressed, “Now beginning with the reality of the budget, there is need for sober reflection and sacrifice with innovation at the level of executive and legislative arms of government. The soberness, the sacrifice and seriousness must be patient and apparent.

“It must not be seen and said that those who, as leaders, call for sacrifice from the citizenry are living in obscene opulence. It will not only be insensitive but callously so. It would seem that it is becoming a culture that election into the legislative arm of government at the national level in particular is a licence for financial misconduct and that should not be.

“The National Assembly now has a unique opportunity of presenting a new image of itself. It will help to strengthen, deepen, widen and sustain our democracy.”

Mr. Obasanjo said going by the provisions of the 1999 Constitution, RMAFC is charged with the responsibility of fixing emoluments of the three arms of government: executive, legislature and judiciary.

He said the Commission did its job but that “by different disingenuous ways and devices, the legislature had overturned the recommendation of the Commission and hiked up for themselves that which they are unwilling to spell out in detail, though they would want to defend it by force of arm if necessary. What is that?”

The former president added, “Mr. President of the Senate and Hon. Speaker of the House, you know that your emolument which the Commission had recommended for you takes care of all your legitimate requirements: basic salary, car, housing, staff, constituency allowance.

“Although the constituency allowance is paid to all members of the National Assembly, many of them have no constituency offices which the allowance is partly meant to cater for. And yet other allowances and payments have been added by the National Assembly for the National Assembly members’ emoluments. Surely, strictly speaking, it is unconstitutional.

“There is no valid argument for this except to see it for what it is – law-breaking and impunity by lawmakers. The lawmakers can return to the path of honour, distinguishness, sensitivity and responsibility.

“The National Assembly should have the courage to publish its recurrent budgets for the years 2000, 2005, 2010 and 2015. That is what transparency demands.

“With the number of legislators not changing, comparison can be made. Comparisons in emoluments can also be made with countries like Ghana, Kenya, Senegal and even Malaysia and Indonesia who are richer and more developed than we are.”

Mr. Obasanjo recounted that while in office as president, he was threatened with impeachment by the members of the National Assembly for not releasing some money they had appropriated for themselves which were odious and for which there were no incomes to support.

On the plan by the legislature to buy new cars for its committees, the former president said it is unnecessary.

According to him, “The recent issue of cars for legislators would fall into the same category. Whatever name it is disguised as, it is unnecessary and insensitive.

“A pool of a few cars for each Chamber will suffice for any Committee Chairman or members for any specific duty. The waste that has gone into cars, furniture, housing renovation in the past was mind-boggling and these were veritable sources of waste and corruption. That was why they were abolished. Bringing them back is inimical to the interest of Nigeria and Nigerians.”

Mr. Obasanjo expressed hope that the National Assembly would reconsider its plan and do what is right not only in making its own budget transparent but in all matters of financial administration and management including audit of its accounts by external outside auditor from 1999 to date.

“This, if it is done, will bring a new dawn to democracy in Nigeria and a new and better image for the National Assembly and it will surely avoid the Presidency and the National Assembly going into face-off all the time on budgets and financial matters,” he said.

Below is Mr. Obasanjo’s letter:

January 13, 2016

Distinguished Senator Bukola Saraki,
President of the Senate,
Federal Republic of Nigeria,
Senate Chambers,
Abuja.
Honourable Yakubu Dogara,
Speaker, House of Representatives,
National Assembly Complex,
Abuja.

It is appropriate to begin this letter, which I am sending to all members of the Senate and the House of Representatives through both of you at this auspicious and critical time, with wishes of Happy New Year to you all.

On a few occasions in the past, both in and out of office as the President of Nigeria, I have agonised on certain issues within the arms of government at the national level and among the tiers of government as well. Not least, I have reflected and expressed, outspokenly at times, my views on the practice in the National Assembly which detracts from distinguishness and honourability because it is shrouded in opaqueness and absolute lack of transparency and could not be regarded as normal, good and decent practice in a democracy that is supposed to be exemplary. I am, of course, referring to the issue of budgets and finances of the National Assembly.

The present economic situation that the country has found itself in is the climax of the steady erosion of good financial and economic management which grew from bad to worse in the last six years or so. The executive and the legislative arms of government must accept and share responsibility in this regard. And if there will be a redress of the situation as early as possible, the two arms must also bear the responsibility proportionally. The two arms ran the affairs of the country unmindful of the rainy day. The rainy day is now here. It would not work that the two arms should stand side by side with one arm pulling and without the support of the other one for good and efficient management of the economy.

The purpose of election into the Legislative Assembly particularly at the national level is to give service to the nation and not for the personal service and interest of members at the expense of the nation which seemed to have been the mentality, psychology, mindset and practice within the National Assembly since the beginning of this present democratic dispensation. Where is patriotism? Where is commitment? Where is service?

The beginning of good governance which is the responsibility of all arms and all the tiers of government is openness and transparency. It does not matter what else we try to do, as long as one arm of government shrouds its financial administration and management in opaqueness and practices rife with corruption, only very little, if anything at all, can be achieved in putting Nigeria on the path of sustainable and enduring democratic system, development and progress. Governance without transparency will be a mockery of democracy.

Let us be more direct and specific so that action can be taken where it is urgently necessary. A situation where our national budget was predicated on $38 per barrel of oil with estimated 2 million barrels per day and before the budget was presented, the price of oil had gone down to $34 per barrel and now hovering around $30 and we have no assurance of producing 2 million barrels and if we can, we have no assurance of finding market for it, definitely calls for caution. If production and price projected in the budget stand, we would have to borrow almost one third of the 6 trillion naira budget. Now beginning with the reality of the budget, there is need for sober reflection and sacrifice with innovation at the level of executive and legislative arms of government. The soberness, the sacrifice and seriousness must be patient and apparent.

It must not be seen and said that those who, as leaders, call for sacrifice from the citizenry are living in obscene opulence. It will not only be insensitive but callously so. It would seem that it is becoming a culture that election into the legislative arm of government at the national level in particular is a licence for financial misconduct and that should not be. The National Assembly now has a unique opportunity of presenting a new image of itself. It will help to strengthen, deepen, widen and sustain our democracy.

By our Constitution, the Revenue Mobilisation, Allocation and Fiscal Commission is charged with the responsibility of fixing emoluments of the three arms of government: executive, legislature and judiciary. The Commission did its job but by different disingenuous ways and devices, the legislature had overturned the recommendation of the Commission and hiked up for themselves that which they are unwilling to spell out in detail, though they would want to defend it by force of arm if necessary. What is that?

Mr. President of the Senate and Hon. Speaker of the House, you know that your emolument which the Commission had recommended for you takes care of all your legitimate requirements: basic salary, car, housing, staff, constituency allowance. Although the constituency allowance is paid to all members of the National Assembly, many of them have no constituency offices which the allowance is partly meant to cater for. And yet other allowances and payments have been added by the National Assembly for the National Assembly members’ emoluments. Surely, strictly speaking, it is unconstitutional. There is no valid argument for this except to see it for what it is – law-breaking and impunity by lawmakers. The lawmakers can return to the path of honour, distinguishness, sensitivity and responsibility. The National Assembly should have the courage to publish its recurrent budgets for the years 2000, 2005, 2010 and 2015. That is what transparency demands. With the number of legislators not changing, comparisons can be made. Comparisons in emoluments can also be made with countries like Ghana, Kenya, Senegal and even Malaysia and Indonesia who are richer and more developed than we are.

The budget is a proposal and only an estimate of income and expenditure. Where income is inadequate, expenditure will not be made. While in government, I was threatened with impeachment by the members of the National Assembly for not releasing some money they had appropriated for themselves which were odious and for which there were no incomes to support. The recent issue of cars for legislators would fall into the same category. Whatever name it is disguised as, it is unnecessary and insensitive. A pool of a few cars for each Chamber will suffice for any Committee Chairman or members for any specific duty. The waste that has gone into cars, furniture, housing renovation in the past was mind-boggling and these were veritable sources of waste and corruption. That was why they were abolished. Bringing them back is inimical to the interest of Nigeria and Nigerians.

The way of proposing budget should be for the executive to discuss every detail of the budget, in preparation, with different Committees and sub-Committees of the National Assembly and the National Assembly to discuss its budget with the Ministry of Finance. Then, the budget should be brought together as consolidated budget and formally presented to the National Assembly, to be deliberated and debated upon and passed into law. It would then be implemented as revenues are available. Where budget proposals are extremely ambitious like the current budget and revenue sources are so uncertain, more borrowing may have to be embarked upon, almost up to 50% of the budget or the budget may be grossly unimplementable and unimplemented. Neither is a choice as both are bad. Management of the economy is one of the key responsibilities of the President as prescribed in the Constitution. He cannot do so if he does not have his hands on the budget. Management of the economy is shared responsibility where the Presidency has the lion share of the responsibility. But if the National Assembly becomes a cog in the wheel, the executive efforts will not yield much reward or progress. The two have to work synchronisingly together to provide the impetus and the conducive environment for the private sector to play its active vanguard role. Management of the budget is the first step to manage the economy. It will be interesting if the National Assembly will be honourable enough and begin the process of transparency, responsibility and realism by publishing its recurrent budgets for 2016 as it should normally be done.

Hopefully, the National Assembly will take a step back and do what is right not only in making its own budget transparent but in all matters of financial administration and management including audit of its accounts by external outside auditor from 1999 to date. This, if it is done, will bring a new dawn to democracy in Nigeria and a new and better image for the National Assembly and it will surely avoid the Presidency and the National Assembly going into face-off all the time on budgets and financial matters.

While I thank you for your patience and understanding, please accept, Dear Senate President and Honourable Speaker of the House, the assurances of my highest consideration.

OLUSEGUN OBASANJO

Source: Sahara Reporters

Femi Falana's Rejoinder To Dr. Ngozi Okonjo-Iweala's Response To ICC Petition

 In my application to the Special Prosecutor of the International Criminal Court (ICC) last week, I requested for an investigation into the allegations of crimes against humanity committed by serving and retired military officers and their civilian accomplices.

Femi Falana, SAN

Having diverted over $8 billion earmarked for the procurement of arms and armament for counter-insurgency operations I argued that the suspects who aided and abetted the dreaded Boko Haram sect in the barbaric killing of over 25 soldiers and civilians including children and the displacement of 2 million people ought to be prosecuted at the ICC. However, for having the temerity to request the ICC to investigate the crimes against humanity committed by some former public officers who bear full responsibility for the atrocities perpetrated by the terrorist group Dr. Okonjo-Iweala resorted to the scurrilous attack on my person. 

Her baseless attack is not unusual as she is always quick to deflect criticisms by accusing anyone seeking to hold her to account for her appalling records in a government of ulterior political motives. When Professor Chukwuma Soludo alleged that about N30 trillion could not be accounted for under her watch he was described as  "an embittered loser in the Nigerian political space." When Comrade Adams Oshiomole questioned the illegal withdrawal of $2 billion from the Excess Crude Account, he was accused of having animus towards her because she had blocked Edo State from obtaining a loan. Therefore, instead of exchanging vulgar abuse with the former Minister I shall respond to the diversionary allegations which lacerated her response and the attempt to extricate herself from the mass looting of the commonwealth under her watch.  

The claim that I am unfamiliar with the mandate of the ICC shows that Mrs. Okonjo-Iweala has not been following the practice of the court and its active and robust approach to its mandates, in particular with regard to the investigation of crimes in Darfur, the warrant of arrest for Joseph Kony (Uganda), and the warrant of arrest for Ahmad Harun, (Sudan). In many  decided cases, the ICC has expanded its mandate to humanitarian issues, aimed at forestalling and impeding the perpetration of crimes which cause gross human rights abuse. There is absolutely nothing in the Rome Statute of the ICC to suggest that the court cannot address impunity for enormous financial crimes (and its crippling impact) which took place while Mrs. Okonjo-Iweala was the Finance Minister and the Coordinating Minister of the economy. 

Dr. Okonjo-Iweala's claim that I own the Socio-Economic Rights and Accountability Project (SERAP) is far-fetched and laughable. A simple google search would have shown her that while I am one of the legal advisers of the organization, there are other very distinguished lawyers and academics of international repute on SERAP’s board. Her claim that SERAP is ‘discredit’ is the exact opposite of reckless characterization because it is an organization that has won national and international recognitions---including a nomination for the UN civil society award; the Ford Foundation Jubilee Transparency Award; and the Wole Soyinka Anti-Corruption Defender Award.

Dr. Okonjo-Iweala also claimed that my petition against her to the Economic and Financial Crimes Commission (EFCC) “were lacking in credibility”, without any substantiation of what this means or specific rebuttal of the allegations contained in that petition.  She has however not denied the accuracy of the claims in my petition. Whereas the former Finance Minister had insisted that only $500 million was recovered from the Abacha loot my petition detailed the recovery of $4 billion. As she could not challenge my claim Dr. Okonjo-Iweala now says that the $500 million was the amount recovered while she was the Minister of Finance under President Obasanjo. In making that claim she did not take cognizance of her recent statement  that while she gave out $322 million to Col. Dasuki the sum of $700 million had been set aside for development. From her own account, over $1 billion was recovered from the loot under the Jonathan regime when she was coordinating the economy. 

Dr. Okonjo-Iweala should have also provided further explanations as to why a substantial part of the Abacha loot was criminally diverted under her watch, especially in light of her confessional statement that she transferred $322m from the Abacha loot to former National Security Adviser, Sambo Dasuki, to prosecute the war on terror. Apart from the said $322m, Dr.Okonjo-Iweala also released £5.5m to Dasuki. Even on this ground alone, Mrs. Okonjo-Iweala cannot plausibly claim not to have anything to do with the arms procurement scandal. Dr. Okonjo-Iweala’s excuse that the said $322m was released due to the urgency of the crisis in the North-East region is untenable having regard to the fact that former President Jonathan had sought the approval of the National Assembly to take a loan of $1bn to equip the armed forces to fight the insurgency. Therefore, her self-induced urgency is not a justification for spending public funds without appropriation. 

In the course of my defending several military officers and soldiers who were charged before a court-martial for demanding weapons to fight the terrorists I confirmed that the $1 billion loan for arms procurement. I was compelled to request Dr. Okonjo-Iweala for an inventory of the military equipment purchased with the $1 billion loan. The requested inventory was made available to me as the weapons were not purchased. 

Dr. Okonjo-Iweala has continued to give the erroneous impression that she rendered selfless service to the nation. But while her colleagues who served as Ministers under President Olusegun Obasanjo were paid their salaries and allowances in the local currency she received hers in dollars despite a judgment of the Court of Appeal which had declared the payment illegal and unconstitutional in the case of Fawehinmi v The President (2007) 14 NWLR (Pt 1054) 275.  In order to sweep up sentiments, Dr. Okonjo-Iweala referred to the unfortunate kidnap of her 84-year mother, two years ago. But it is public knowledge that the lumpen elements involved in the kidnap were arrested by the Lagos State Police Command. From the report of a police investigation, the kidnappers were palace guards who were inspired by sheer avarice. In fact, they were arrested by the Police following the disagreement over the sharing of the N12 million ransom paid to them for the criminal enterprise. 

The most ludicrous of Mrs. Okonjo-Iweala sweeping and jejune allegation is that some “corrupt elements” are using me as a tool. Although the allegation is without factual support it is illogical, to say the least. My request that the disbursement of the Abacha loot be investigated is further buttressed by the fact that the $500m Dr. Okonjo-Iweala claimed was spent on development projects was also not appropriated by the National Assembly, contrary to constitutional provisions.However, I have asked the EFCC to discountenance the 700-page report of the World Bank which has listed some phantom projects executed with the $500 million.

In the Appropriation Act of 2011, the sum of N245 billion was budgeted for fuel subsidy. But at the end of the year, Dr. Okonjo-Iweala had authorized the illegal payment of about N2.5 trillion to a cabal of fuel importers. As usual, she washed off her hands like Pontius Pilate. In order to unearth the monumental fraud I petitioned the EFCC and gave oral testimony before the House of Representatives Committee which separately investigated it. 

In the same vein, I have just asked the Group Managing Director of Nigerian National Petroleum Corporation under the Freedom of Information Act to provide information on the failure of the NNPC to pay into the Federation Account the sum of $9.7 billion out of the $11.8 billion dividends paid by NLNG from 2004-2014. I have equally demanded information from the NEITI over its claim that the NNPC and some oil companies are indebted to the Federal Government to the tune of $19.1 billion.

Finally, let me make it abundantly clear that my petitions to the anti-graft agencies and the Special Prosecutor of the ICC were anchored on law and facts as there is nothing personal in the ongoing battle to end impunity and retrieve the looted wealth of the nation from corrupt elements and institutions. It is my belief that the recovered loot should be channeled towards job creation and infrastructural development. Therefore, all hands should be on deck to ensure that the recovered loot is not criminally diverted by another set of looters. 

Source: Sahara Reporters

N2.3billion NIMASA Scam: Fashion Designer Paid N546m for Undisclosed Service

The Economic and Financial Crimes Commission, EFCC, on Monday  commenced trial of a  former Director- General of the Nigerian Maritime Administration and Safety Agency,  NIMASA, Patrick Akpobolokemi  and five others before Justice Ibrahim Buba of the Federal High Court Lagos, with a startling revelation of how a fashion designer, Chukuemeka Benjamin was paid N546million for services not rendered by the maritime agency.

Akpbolokemi is standing trial, alongside five others in a N2.3billion charge preferred  against them by the EFCC. Three witnesses have been presented so far before the court in the matter. They are: Teslim Adekunle, a Compliance Officer with the Zenith Bank Plc,  Chukwuemeka Benjamin  and Usaini Sabo. Adekunle appeared before the court on Monday while Benjamin and Sabo appeared before Justice Buba on Tuesday.

In his own testimony, Adekunle told the court that, between August and October 2015,  his bank received nine requests from EFCC in respect of the following accounts: Southern Offshore Limited, Kenzo Logistics Limited, Extreme Vertex tex Nigeria Limited, Aroward Consulting Limited, Avant Guard Security Solution, Green Lemon Limited,  Ace Prosthesis Limited,  O2 Services Limited, Suco Global Limited and the Committee on International Shipping and Port Security (ISPS). According to him, money flowed into accounts of the aforementioned companies from the account of the Committee on ISPS.

The witness was shown a bundle of documents which he identified as the request letters from EFCC, response from his bank, and the statement of accounts in question.  In exhibit P10, the witness said that on 5 March, 2015 there was an inflow of the sum of N21, 200,000 into the nine customers account from the Committee on ISPS.  Also on 4 May, 2015 there was another inflow of the sum of N16,000,000 into same account from ISPS. Another N21,200,000, was again paid into that same account but as at the time the last lodgment was made, there was a balance of only N1404.93 in the account. When the witness was asked how the money earlier credited into that account was disbursed, he said that on 19 June, 2015  there was an outflow of the sum of N10,000,000 and N11,200,000 to the account of one Uchenna Obi domiciled at Diamond Bank.

In exhibit P9, the witness said there was an  evidence of the credit of the sum of N795,200,000 lodged on  29 August 2014 in the account of ISPS from NIMASA. After the lodgment of the money, the witness said there were several outflows thereafter. According to the witness, the fourth accused person, through thirteen different transactions,  received N3,000,000,000 from the account of ISPS.

Other beneficiaries of the money are: 6 November 2014, Extreme Bartex Nigeria Limited (318,000,000);  27 November, 2014, Avant Guard Security Solution (N94,000,000);  28 November, 2014  Extreme Vertex Nigeria Limited  (N207,000,000); 8 January, 2015 Suco Global Limited (15,000,000); 15 March, 2015  O2 Services Limited( N21,200,000) and 4 May,  2015 O2 services Limited: (N16,000,000).

The witness also told the court that on 28 May 2015 another N447,000,000 was paid into ISPS account from NIMASA and after the lodgment, the money was allegedly transferred into various account of the aforementioned companies.

In exhibit P6, the witness disclosed that the sum of N230,000,000 was paid into Aroward Consulting Limited from  NIMASA on 12 December, 2014 and on 28 December, 2014 another N257,000,000 and N176,000,000 were also paid into the same account.

The witness while explaining exhibit P4, said another company Avant Guard Security Solution received the sums of N29,459,600, N94,000,000, and N95,000,000 respectively from NIMASA between 22 July 2014 to 28 May 2015.

Exhibit  P11 shows that there was an inflow of the sum N212,690,000 from NIMASA and outflow of the sum of N17,100,000 to Southern Offshore Limited.

After reviewing and explaining the contents of the exhibit,  prosecuting counsel Rotimi Oyedepo asked the witness to explain the procedure for cash lodgment and disbursement in his bank and the witness said,  all funds are disbursed based on instructions of  the customer,  either In the banking hall to conduct his transaction or by use of Internet Banking. In any case, the instructions for payment always come from the customer.

The prosecuting counsel showed the witness another set of documents which he identified as instructions for payment in respect of Aroward Consulting Limited. The documents were later admitted as evidence and marked as exhibit P12. In exhibit P12,  the signatory of Aroward Consullting Limited appeared as  one Philip Enusheike.

During cross examination,  counsel representing the first accused person, Joseph Nwobike SAN,  asked the witness if he was familiar with his client or has come across his name in any of the documents presented in court, but the witness said no.

Ideho Onyeke, counsel representing the second accused also asked the witness if the name of his client was mentioned in any of the beneficiaries of alleged disbursed sum. The witness said he only came across the name of the second accused person as the signatory to Committee on ISPS account.

Lanre Olayinka, counsel for the Third, fifth and sixth accused persons, asked the witness the basis for the payment of N3, 000,000 made to Ekene Nwakuche but the witness said that he did not process the payment so he wouldn't know.

A.I.Asemundara, counsel  for the fourth accused person asked the witness if he was aware of any more evidence in respect of this case and the witness said he was only called to give evidence on the documents before the court.

At the resumption of the trial on Tuesday, another witness, Chukwuemeka Benjamin, General Manager of one of the companies that allegedly benefitted from the disbursement of funds from the Committee on International Shipping and Port Security ISPS, gave his testimony.  He told the court how his company,  Extreme Vertex Nigeria Limited received the total sum of over N546,000,000 (Five Hundred and Forty Six Million Naira only) from NIMASA for a service that was never executed.

The witness, a fashion designer by profession,  told the court that he and the third accused person:  Ekene Nwakuche, were secondary school mates. He further told the court that he approached Nwakuche  when he learned that he had a job with NIMASA and asked him if there was any contract available that he could handle.

Thereafter, Benjamin said that Nwakuche started giving him some business.

The first transaction came through a credit alert of the sum of N21,200,000 (Twenty one Million, Two Thousand Naira Only)  from NIMASA . The witness said that he asked for the purpose of the lodgment in his account but Nwakuche only told him to hold on that he was awaiting instructions from his boss, the second accused, Captain Ezekiel Bala Agaba.

Benjamin  told the court that after a while, Nwakuche  provided him with some specific account numbers and instructed him to transfer the said money into the accounts provided. The witness also told the court that sometime in November 2014, he received another inflow of the sum of N318,000,000 from NIMASA with the same instruction to transfer the sum into certain account numbers provided by Nwakuche.

The last lodgment the witness received from NIMASA was for the sum of N207,000,000 (Two Hundred and Seven Million Naira Only) with the same instructions of moving it into some specified account numbers.

Prosecuting counsel,  Rotimi Oyedepo asked the witness if there was any contract agreement between his company and NIMASA and the witness said, no.

Oyedepo showed the witness exhibit P7 and the witness confirmed to the court that he was the signatory to the account.

Oyedepo also showed the witness another document alleged to be forged and addressed to the Director General of NIMASA:  the first accused person.  Benjamin confirmed to the court that the letter did not emanate from his company and that he didn't know the person who signed the document. The letter was then tendered and admitted as exhibit P13.

During cross examination, Joseph Nwobike SAN, asked the witness if he knew his client:  the first accused but the witness said that he had never met the first accused person.

Counsel for the second accused person, Ideho Onyeke asked the witness if he has had any contact with the second accused person:  Captain Ezekiel Bala Agaba and the witness said that he only knew him through Nwakuche who introduced him as his boss.

The witness agreed that he was invited by the EFCC as a suspect and he gave his statement under caution. He also told the court that after the first lodgment was made, he asked Nwakuche  if it was for mobilization and Nwakuche told him to wait for further instructions. But after the second lodgment, he reportedly told Nwakuche  not to put him in trouble.

While admitting that he benefitted from the money he received during cross examination, he told the court that the money he received was for bank charges.

The witness denied knowing about the covert operation conducted by NIMASA.

The prosecuting counsel later called the third witness: Usaini Sabo. In his evidence, Sabo told the court that he operated as a middle man between buyer and seller in Bureau de Change.

When he was asked to explain the events of December 1, 2014, he told the court that he received the sum of N40,000,000 in two transactions through Avant Guard Security Solution, one of the companies that  allegedly benefitted from the disbursement of funds from the Committee on International Shipping and Port Security ISPS .The witness said that he also received the total sum of N238,800,000 (Two Hundred and Thirty Eight Million, Eight Hundred Thousand Naira Only)  from another company: Southern Offshore Limited.

During cross examination,  Nwobike asked the witness if he knew his client and the witness said, no. Ideho Onyeke on the other hand asked the witness if he was called by the EFCC to give evidence on the promise that he would not be prosecuted and the witness said nobody told him anything like that.

When the counsel for the second accused person asked him again if he had a  license to conduct his business,  Sabo told the court that as an agent he doesn't require licence to conduct his business.

The witness was subsequently discharged and Justice Ibrahim Buba adjourned the matter to 2,  5, 16, and 19 February, 2016 for continuation of trial.

Source: EFCC

EFCC arrests Jonathan’s ally, Jide Omokore, over alleged multibillion dollar fraud

Operatives of the Economic and Financial Crimes Commission on Tuesday evening arrested Jide Omokore, an ally of former president, Goodluck Jonathan, and Chairman of Atlantic Energy Drilling Concepts Nigeria Limited.

PREMIUM TIMES gathered the arrest was in connection with a series of multi-billion dollar petrol import and crude export deals.

Multiple security sources told PREMIUM TIMES that Mr Omokore, who is still in EFCC custody, has made revealing statements.

Atlantic Energy Limited was one of the companies that received multibillion dollar worth of public assets without due process by the Jonathan administration in 2011.

The company, which was created less than a year earlier and had not produced a droplet of oil, was awarded controlling stakes in two lucrative oil blocks – OML 30 and 34 – for just over $50 million each.

The deal, which was signed by the immediate past minister of petroleum, Diezani Alison-Madueke, gave Atlantic Energy Limited a controlling 55 percent stake in the oil block.

Curiously, Shell, which owned the remaining 45 per cent stake, fetched $1.3 billion for a single field after an open and competitive bidding process.

The company was also indicted for lifting crude oil, but only remitting a fraction of its worth to the government.

In 2012, Atlantic Energy paid $168m into the government’s account, but lifted about three million barrels – valued at over $350 million.

In 2013, it also lifted about 2 million barrels of crude valued at about $240million, but paid only $68million.

Similarly, in 2014, Atlantic Energy paid zero cash-call, but lifted about 500,000 barrels of crude oil, valued at $54 million.

SPOG, another of Mr. Omokore’s companies, is also being investigated by the office of the Attorney General of the Federation, in an alleged N400 million petrol import fraud.

SPOG allegedly imported 3,000 metric tonnes of PMS but filed claims for subsidy payment of 13,000 metric tonnes with the Petroleum Product Regulatory Agency (PPRA), therefore pocketing N400 million more than it should have been paid.

Also, Seven Energy Limited, which owns Septa Energy Nigeria Limited, one of the business interests of Mr. Omokore, was also awarded the concession of OML 4, 38, and 41 towards the end of Mrs. Allison-Madueke’s tenure as petroleum minister.

Another company in the complex web of companies chaired by Mr. Omokore, Seven Energy, is partly owned by Energy Resources Management Limited, indicted in the import waiver scandal.

A Daily Trust report of December 2010 revealed that Energy Resources imported 250,000 metric tonnes of rice into the country without paying a kobo in import duties, levies, ECOWAS Trade Liberalisation Scheme (ETLS), Comprehensive Import Scheme (CISS) and other levies because of the waiver it allegedly got from the presidency.

Fivatek Nigeria Limited, a wholly-owned subsidiary of Energy Resources Group, was also involved in the controversy-ridden National Fertilizer Company (NAFCON) before it was sold.

Mr. Omokore was alleged to have colluded with Sunny Essien, a former managing director of NAFCON and others, to funnel ₦10million into former President Olusegun Obasanjo’s campaign account, largely through the company’s account domiciled with the Abuja branch of the defunct Trade Bank.

He is believed to have been indicted by the judicial commission of enquiry, which looked into the finances of NAFCON.

Source: http://www.premiumtimesng.com/news/headlines/197538-efcc-arrests-jonathans-ally-jide-omokore-over-alleged-multibillion-dollar-fraud.html

Update: Supreme Court upholds Wike, Amosun, Umahi’s elections

The Supreme Court on Wednesday upheld the elections of Nyesom Wike, Ibikunle Amosun and Dave Umahi as governors of Rivers, Ogun and Ebonyi States respectively.

The court in three unanimous judgments in the appeals filed by Wike, his party, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC), set aside the concurrent judgments of the Rivers State governorship election tribunal and the Court of Appeal, Abuja.

The appeals were all heard by a seven-man panel headed by the Chief Justice of Nigeria, Justice Mahmud Mohammed.

Justice Kudirat Kekere-Ekun, who read the lead judgments in the three appeals, upheld the return of Wike as winner of the election.

“I find and hold that this appeal is meritorious and it is allowed. The judgment of the lower court delivered on the 16th of November 2015 and the judgment of the tribunal delivered on 24th October 2015 are hereby set aside.

"The petition of the petitioners is dismissed. The return of Nyesom Wike as governor of Rivers State by the Independent National Electoral Commission (INEC) is restored,” she stated.

Justice Kekere-Ekun said she will provide reason for her decision on February 12.

Justices Mohammed, Ibrahim Mohammed, Sylvester Ngwuta, Kumai Akaahs and Amiru Sanusi, who were members of the panel agreed with Kekere-Ekun’s lead judgment.

The candidate of the All Progressives Congress (APC), Dakuku Peterside and his party had gone before the Rivers State governorship election tribunal to challenge Wike’s return by INEC as the winner of the April 11, 2015 governorship election in the state.

The tribunal, which sat in Abuja, ruled in favour of the petitioners and voided the election on grounds of widespread violence and non-compliance with the Electoral Act.

It ordered a rerun election within 90 days.

The apex court also dismissed the appeal by the PDP governorship candidate in Ogun State, Adegboyega Isiaka.

Isiaka had challenged the judgments of the Court of Appeal and Ogun State governorship election tribunal, which both upheld the election of Ibikunle Amosun as governor of Ogun State.

Justice Akaahs, who read the lead judgment, held that the appeal lacked merit and dismissed it.

The court equally dismissed the appeal filed by governorship candidate of Labour Party in Ebonyi State, Edward Nkwegu.

Justice Chima Centus Nweze, who read the lead judgment, held that the preliminary objection raised by Umahi succeeds in part.

He resolved the two issues on the main appeal against the appellant.

“No merit in this appeal. Umahi is the duly elected governor of Ebonyi State. Reasons will be given on Friday, January 29,” Justice Nweze held.

Source: The Nation

Falana to Okonjo-Iweala: I want to stop impunity

Lagos lawyer, Femi Falana (SAN), on Wednesday said his petitions to anti- graft agencies and the Special Prosecutor of the International Criminal Court (ICC) were anchored on law and facts, insisting that he has nothing personal against any person in the ongoing battle to end impunity and retrieve the nation’s looted funds from corrupt elements and institutions.

Falana made this declaration while reacting to comments credited to the former Minister of Finance, Dr. Ngozi Okonjo-Iweala following his petition to the ICC for investigation into alleged crimes against humanity by serving and retired military officers and their civilian accomplices who were alleged to have diverted over $8 billion earmarked for procurement of arms for counter insurgency operations in the northeast.

The lawyer declined to exchange what he termed “vulgar abuse” with the former minister who he said was attempting to extricate herself from the mass looting of the commonwealth under her watch.

He said Dr. Okonjo-Iweala is always quick to deflect criticisms by accusing anyone seeking to hold her to account for her appalling records in government of ulterior political motives.

He recalled that when a former Governor of the Central Bank of Nigeria, Prof. Chukwuma Soludo, alleged that about N30 trillion could not be accounted for under her watch, he (Soludo) was described as  “an embittered loser” in the Nigerian political space.

"When Comrade Adams Oshiomole questioned the illegal withdrawal of $2 billion from the Excess Crude Account, he was accused of having animus towards her because she had blocked Edo State from obtaining a loan,” Falana stated.

The rights activist said the ex- minister‘s claim that he is not familiar with the mandate of the ICC shows that she has not been following the practice of the court and its active and robust approach to its mandates, in particular with regard to the investigation of crimes in Darfur, the warrant of arrest for Joseph Kony (Uganda), and the warrant of arrest for Ahmad Harun, (Sudan).

Source: The Nation

40 years old New Kogi governor weeps at inauguration.

Governor Yahaya Bello greets Kogi indigenes after he was sworn in on Wednesday, 27 Jan. 2016

Newly sworn in Governor of Kogi State, Alhaji Yahaya Bello, was all tears as he read his inaugural speech Wednesday just minutes after he took the oath of office as the fourth executive governor of the state.

Yahaya, who swore an oath of office at exactly 12 noon, wept when he recalled how he suffered as a young fatherless boy under a very poor mother and what he passed through growing up.

The oath was administered by Justice Nasiru Ajanah, the state Chief Judge and witnessed by a packed stadium which had top politicians, state governors and businessmen.

The governor said he had to make do with his elder brother who assumed the role of his father by taking care of him.

The governor said despite the anguish of young widowhood, his mother continued to trudge on by single handedly raising him and his siblings. It was at this point he couldn’t hold back his tears as he was overcome by emotion.

The governor, the youngest in the country at 41, thanked President Muhammadu Buhari, Asiwaju Bola Ahmed Tinubu and other top members of the All Progressives Congress, APC, who played major roles in his emergence as governor.

He told the people of Kogi state that he remains responsible to them because they gave him their mandate.

He also said he stood on the principle of the celebrated statement of President Buhari: “I belong to everybody and I belong to nobody”, adding that this would henceforth be his guiding principle.

“I hereby declare and affirm that Yahaya Bello administration will have zero tolerance for corruption,” he announced to a cheering audience at the event held in the stadium at Lokoja, the state capital.

He also promised that his government would use technology to fight corruption and block all leakages that had existed in the state.

While praising the late Prince Abubakar Audu, former candidate of the APC who died just hours after casting his votes, Governor Bello said: “the sudden death of Prince Abubakar Audu remains a great mystery and this administration will liaise with the state House of Assembly to immortalise him in different ways.”

The governor noted that the statistics of poverty in Kogi are not rosy and that as a result, his administration would take positive and decisive actions to rescue Kogi state.

He also promised that his administration would not fail because he has a blueprint, which is a sort of “marshall plan” to rebuild the state.

He said he will revive various sectors of the state including education and infrastructure with the aim of making the state a major destination.

On security, he said he knew the state was facing serious challenges of armed robbery and kidnapping, but that these would be tackled since he would soon be meeting with security chiefs in the state to come out with plans to stem insecurity.

Though successive administrations, according to Bello, have not done well and as a result, the people of Kogi state do not trust the government, he would do his best to win back the trust.

He promised to begin to pay staff of the state civil service who are currently being owed salaries for months.

“Change has come to Kogi State,” he declared.

In his speech earlier, the National Chairman of the APC, Chief John Odigie-Oyegun, said the governor’s emergence was God’s doing and that as humans, they had no choice than to accept it.

He described the new governor as ebullient, young and innovative, adding that Bello was a gift to the people of the state.

He said he could vouch for Bello because he worked closely with him in the last weeks leading to his inauguration.

Oyegun said the governor would return Kogi to its former pride of place among the states in the country and that the APC would give him all the needed support to be successful.

In their speeches, Governor Samuel Ortom of Benue State and Governor Tanko Al-Makura of Nasarawa State, pleaded with politicians in the state to cooperate with Governor Bello to move the state forward since the election was over.

Source PM News

Supreme Court Rules In Favor Of Wike

SaharaReporters has learned that the Supreme Court of Nigeria sitting in Abuja has ruled in favor of Nyesom Wike’s appeal of the Rivers State gubernatorial race. According to statements made at the courthouse Mr. Wike’s “appeals are meritorious” and thereby set aside the decision of the Court of Appeal.

Gov. Nyeson Wike

The seven man panel, lead by Chief Justice Mahamood Muhammad, will give reason for the judgement on Friday, according to a SaharaReporters correspondent at the courthouse.

It will be recalled that after the 2015 elections, Mr. Wike’s primary opponent the candidate for the All Progressives Congress (APC) Dakuku Peterside appealed the results as unlawful. An election tribunal later nullified the electoral results on October 24, 2015. Mr. Wike, then, immediately moved to appeal this decision.

Source: Sahara Reporters