EFCC to Arraign Ex-AGF Malami on Money Laundering Charges
The EFCC will arraign former AGF Abubakar Malami, his son, and an associate on 16 counts of money laundering, involving billions of naira and multiple property acquisitions across Abuja, Kano, and Kebbi.
Court Adjourns Suit Challenging Olukoyede As EFCC Chairman To 2024
The Federal High Court, Abuja has fixed February 22, 2024, for hearing in the suit challenging the appointment of Mr Ola Olukoyede, as the Chairman of the Economic and Financial Crimes Commission (EFCC).Justice Obiora Egwuatu stated this on Wednesday after the parties agreed that the date was convenient for all.When the matter was called, the plaintiff, Mr Victor Opatola, a lawyer who chose to represent himself, told the court that he had received the preliminary objections to the suit from the Federal Government and the Attorney-General of the Federation.Opatola, however, said that he had yet to receive any process from the National Assembly (NASS) and the EFCC chairman.The counsel representing NASS, Mr Israel Obaniyi told the court that the legal department of the Assembly passed the information to his team only on Tuesday.He said he would peruse the brief and file his response before the next adjourned date.The EFCC lawyer, Mr R.O Adakole also told the court that he would also put his house in order before the next adjourned date.The judge subsequently adjourned the matter until February 22, 2024.Opatola, an Abuja-based lawyer had dragged the federal government, NASS and Attorney-General to court over alleged illegal appointment of Olukoyede, as the Chairman of EFCC.The lawyer in the suit was challenging the validity of the appointment of the EFCC chairman.The lawyer asked the court to determine whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who had not fulfilled the conditions of the Act, could be validly appointed as the EFCC chairman.He also asked the court to determine whether by the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the person appointed to the office of the chairman of the EFCC could be said to be above the rank of assistant commissioner of police or its equivalent.“Whether by the true construction and interpretation of Section 2(1) (a) (iii) of the EFCC Act 2004, the interpretation of subsection (iii) should be read disjunctively of subsection (ii) of the act in a manner that Olukoyede, who was appointed to the office of the chairman of EFCC can be said to have 15 Years of cognate experience in any field outside the government security or law enforcement agency.“Whether by the true construction and interpretation of Section 2(1) (a) (ii) (iii) of the EFCC Act 2004, the national assembly can validly confirm the appointment of Olukoyede who has not fulfilled the provisions of the law.”Opatola also prayed the court to make further declarations upon the determination of the above questions.“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of the EFCC chairman is illegal and void.“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, any confirmation of the 4th defendant’s appointment made by the national assembly is void and of no legal consequence.”The counsel also asked the court for an order of perpetual injunction restraining the national assembly from confirming the appointment of the EFCC chairman.He further prayed to the court for an order of perpetual injunction restraining Olukoyede from holding office as chairman of EFCC.
Lottery Regulation Feud: Supreme Court Hears Lagos, Ekiti Suit Against FG, March
Fifteen years later, the Supreme Court on Monday, fixed March 13, 2024 to hear a suit filed in 2008, by the Attorney General of Lagos State against the Federal Government, in respect of who controls and regulates the gaming and lottery sector. Ekiti state was joined as co-Plaintiff in the suit following an order of the court made on October 6, 2020. The Attorney General of the Federation is the 1st Defendant while the National Assembly is 2nd Defendant. The Attorneys General of 34 other States, were joined as defendants by the Supreme Court on November 15, 2022. A 7-man panel of the Supreme Court led by Justice Kudirat Kekere-Ekun, fixed the date at a resumed sitting on Monday. Bode Olanipekun SAN, announced appearance for Lagos State Government while Adetunji Osho appeared for Ekiti state. The Federal Government (1st Defendant) was represented by Innocent Daa’gba, while Ifeanyi Mrialike represented the National Assembly. The Attorneys General of the 33 States were duly represented and announced appearances. However, there was no legal representation for Kwara state despite being served with hearing notice. The Supreme Court ordered Jigawa and Kaduna State Governments to put their houses in order by resolving the issue of legal representation before the next hearing date. Meanwhile, the apex court panel unanimously deemed all the processes filed out of time by the defendants as duly and properly filed, having been regularized. The application by the Attorney General of Oyo state to join as co- Plaintiff having been withdrawn, was struck out by panel. Justice Kekere-Ekun advised that all the State Governments that are on one side in accordance with their respective interests should present a common argument in order to save the time of the court on the hearing date. Speaking to judiciary correspondents at the Supreme Court, Innocent Daagba, said he had filed processes and submissions of the Federal Government since 2020, adding that the processes have been regularized by the court, which clears the coast for hearing of the matter. Recall that on 15 August 2022, the Federal Government (the Nigerian Lottery Regulation commission and the Nigerian Lottery Trust fund) won against Lagos and other States, on the issue of multiple regulation in the gaming sector. The Bookmakers association of Nigeria had initiated the lawsuit to determine the legitimate regulators of gaming businesses because they complained about paying multiple taxes and licensing fees to States and the Federal Government. In the Suit NO: FHC/L/CS/15992020, filed before Hon. Justice I.N Oweibo of the Lagos High Court, the Judge declared that the Federal Government should be the sole regulator of gaming business in the country as the constitution is clear on the position of lottery in the exclusive list and the National Assembly can legislate on lottery matters. Despite the judgement, there is still not an end to the back and forth bickering between the bookmakers and State Governments on multiple taxation and regulation. On July 19, 2023, Justice Iniekenimi Oweibo of the Federal High Court (FHC) in Lagos State ruled that the Federal Government, through the National Assembly, had the exclusive right to legislate and control lottery activities in the country. Few months after the FHC judgement, a Lagos State High Court delivered another judgement holding that matters pertaining to lottery and one-chance betting were subjects under the residual list in the constitution. By this, the judge held that Lagos State had the right to regulate the sector. However, by a further amended originating summons marked SC/1/2008, the Plaintiffs want the apex court to declare “that lottery is not one of the 68 items in respect of which the National Assembly has the Exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended). They are seeking a declaration that having regard to the clear provisions of Section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Assembly lacks the vires to legally and constitutionally make any Law to regulate and control the operation of lottery in Nigeria. “A declaration that having regard to the clear provision of Section 4(4)(a), (b) and Part ll of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), matters relating to lottery do not fall within items which the National Assembly and State Houses of Assembly are concurrently empowered to make Laws with regard thereto. “A declaration that having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Lagos State Government, vide the Lagos State House of Assembly has the power to the exclusion of the National Assembly, to make Laws to regulate and control the operation of lottery within Lagos State. More so, the Plaintiffs are praying for, “A declaration that having regard to the clear provisions of Sections 4(4)(b), (7)(a) and 299(a) of the Constitution as amended, the power of the National Assembly to make Laws to regulate and control the operation of lottery is limited by the 1999 Constitution to only the Federal Capital Territory. “A declaration that Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, made by the National Assembly are inconsistent with the provisions of the 1999 Constitution. Further more, they want “A declaration that the National Lottery Act CAP N145, Laws of the Federation of Nigeria is inconsistent with the provisions of the 1999 Constitution. In addition, the Plaintiffs want “An order nullifying Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria as well as an order nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria. Also, they are praying for “An order of perpetual injunction restraining the 1st Defendant either by himself, agents’ privies, agencies of the Federal Government of Nigeria or Federation of
Alleged N7.9bn Fraud: Court Shifts Oduah, CCECC Case To Nov 14
The Federal High Court in Abuja has shifted the trial of a former Minister of Aviation, Stella Oduah and China Civil Engineering Construction Corporation (CCECC) in an alleged N7.9Bn fraud till November 17. At the last adjourned date, the full-blown trial was fixed for Tuesday, October 17, however, the matter couldn’t push through for lack of time. Although lawyers to the Federal Government who initiated a 25- count criminal charges against Mrs Oduah and CCECC were in Court alongside those of the defendants, the principal defendant, Senator Oduah was not present in Court. Mrs Oduah and the China Construction giant are facing prosecution on alleged crimes of fraud, money laundering and bribery running into N7.9bn. In the 25-count charge marked: FHC/ABJ/CR/316/2020, they were accused of conspiracy, money laundering and maintaining anonymous bank accounts with a commercial bank. Part of the charges are “That you China Civil Engineering Construction Corporation CCECC, between March 31 and April 1, 2014 at Abuja directly transferred N500M from your account No. 0023880295 with Guaranty Trust Bank to a private banking nominee account no.2024414450 domicile with First Bank which money you reasonably ought to have known forms part of proceed of unlawful act to wit; fraud and thereby committed an offence contrary to section 15(2) of the Money Laundering Prohibition Act 2011 and punishable under section 15 (4) of the same Act. “That you China Civil Engineering Construction Corporation CCECC, between March 5 and May 30, 2014 at Abuja directly transferred N868.4 M from your account with Zenith Bank to a Private Banking Nominee account no.2024414450 domicile with First Bank which money you reasonably ought to have known forms part of proceed of unlawful act to wit; fraud and thereby committed an offence contrary to section 15(2) of the Money Laundering Prohibition Act 2011 and punishable under section 15 (4) of the same Act. “That you China Civil Engineering Construction Corporation CCECC, between April 11 and 17, 2014 at Abuja directly transferred N537.2.M from your bank account No.1011061486 with Zenith Bank to a Private Banking Nominee account no.2024414450 domicile with First Bank which money you reasonably ought to have known forms part of proceed of unlawful act to wit; fraud and thereby committed an offence contrary to section 15(2) of the Money Laundering Prohibition Act 2011 and punishable under section 15 (4) of the same Act. “That you, Stella Adaeze Oduah whilst being the Minister of Aviation, the Federal Republic of Nigeria, Gloria Odita whilst being the Company Secretary to Sea Petroleum & Gas Company Ltd (SPGC) and an aide to the former Minister of Aviation, Nwobu Emmanuel Nnamdi, whilst being an employee of Sea Petroleum & Gas Company Ltd (SPGC) and an aide to the former Minister of Aviation, Chukwuma Irene Chinyere, Global Offshore And Marine Limited, Tiptop Global Resources Limited, Crystal Television Limited, Sobora International Limited between January 2014 and April 2014 at Abuja within the judicial division of this Honourable Court did conspire among yourselves to commit an offence to wit: ‘Money Laundering’ and thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act 2011 (As Amended) and punishable under Section 15(3) and (4) of the same Act”. “That you, Stella Adaeze Oduah whilst being the Minister of Aviation, the Federal Republic of Nigeria and Global Offshore and Marine Ltd, a Limited Liability Company registered under the Laws of the Federal Republic of Nigeria on or about 12th February 2014 at Abuja within the Judicial Division of this Honourable Court took control of the sum of N1,629,250,000.00 (One Billion, Six Hundred and Twenty-Nine Million, Two Hundred and Fifty Thousand Naira) only and paid into the account of Global Offshore and Marine Ltd account No. 2022977296 domiciled with First Bank Plc from I-Sec Security Nig. Ltd accounts No. 2021756955 with First Bank Plc, which money you reasonably ought to have known forms part of the proceeds of an unlawful act and you thereby committed an offence contrary to Section 15(2) of the Money Laundering (Prohibition) Act 2011 (As Amended) and punishable under Section 15(3) and (4) of the same Act. Specifically, CCECC is being made to face trial for allegedly bribing Federal Government officials to the tune of billion naira through alleged transfers from its numerous bank accounts to the accounts of beneficiaries of the graft to facilitate government patronage. Senator Oduah, on the other hand is being prosecuted for allegedly accepting money from CCECC while she held sway as Minister of Aviation. Based on Court order, the trial will be conducted by the Attorney General of the Federation (AGF) and Minister of Justice. The EFCC was ordered to step aside from the trial following its involvement in some unlawful means that stalled the case for more than two years. Senator Oduah and eight others had pleaded not guilty to the charges on Friday, July 21, 2023, when they were formally arraigned.
Again, Emefiele’s arraignment stalled; ex-CBN gov settles for plea bargain
Suspended governor of the Central Bank of Nigeria (CBN) Godwin Emefiele’s arraignment on alleged breach of procurement laws and contract inflation, was again stalled on Wednesday. Strong indications have also emerged that the detained former CBN Boss, has opted for a plea bargain policy to settle with the Federal Government, hence, the indefinite hold on the arraignment. NIGERIAN ANCHOR gathered that the arraignment on a 20-count charges slated for Wednesday August 23, was not listed in the cause list before Justice Hamza Muazu of the Federal Capital Territory High Court, sitting in Maitama, Abuja It was also gathered at the courtroom that the arraignment was shifted at the instance of the detained CBN Chief. Authoritative sources confided in our correspondent that Emefiele and his-co accused, Saadat Yaro have opted for a plea bargain policy to settle with the Federal Government. Speaking on the development and the defendant’s absence in court, counsel to the defendant, Kehinde Akinlolu, confirmed the shift in the arraignment. Emefiele’s lawyer, Kehinde Akinlolu SAN confirmed the shift in the arraignment when contacted on phone, adding that a new date may likely be issued by the court’s Chief Judge, Justice Hussein Baba Yusuf. At the time of filing this report, operatives of the Department of State Service DSS who used to escort him to court were not seen, as well as his legal team. Meanwhile, the court has commenced proceedings on matters on the cause list. More details later…