The Economic and Financial Crimes Commission, EFCC, on Wednesday October 3, 2012, arraigned Mr. Felix Walbe before Justice Nimpar Yar’gata of the Federal High Court, sitting in Jos, on a two count charge bordering on fraudulent conversion of N450, 000 and giving false information to the Commission. The offence is punishable under Section 315 of the Penal Code and Section 39 sub section two of the EFCC Establishment Act 2004.
Section 39 of the EFCC Act provides “that any person who makes or causes any other person to make to an officer of the Commission or to any other Public Officer, in the course of the exercise by such Public Officer of the duties of his office, any statement which to the knowledge of the person making the statement, or causing the statement to be made is false, or intended to mislead or is untrue in any material particular ,… shall be guilty of an offence and shall on conviction, be liable to a fine not exceeding one hundred thousand naira or to an imprisonment for a term not exceeding two years or both”.
Walbe allegedly made false statement to the officers of the EFCC when he claimed that one Athanasius Danbaba, an employee of Lower Benue River Basin Development Authority is also employed by, and receiving salary in Natco Nigeria Limited and had corruptly enriched himself and bought several properties in Jos. The statement was investigated and found to be misleading and false.

One of the charges against the accused person reads: “that you Felix Walbe, being a former employee of Natco Nigeria Limited between June 2011 and June, 2012, in the Jos Judicial Division of the High Court of Plateau State, and in such capacity entrusted with certain property, to wit: N450,000 (four hundred and fifty thousand naira) committed criminal breach of trust by dishonestly converting the said sum to your own use, and thereby committed an offence punishable under section 315 of the Penal Code, CAP 89, Laws of Northern Nigeria,1963”.
When the two count charge was read to the accused, he pleaded not guilty. The Prosecution Counsel, Ibrahim Audu, thereafter prayed the court for a short adjournment for hearing and pleaded that the accused be remanded in prison custody.
Justice Nimpar Yar’gata, in his ruling remanded the accused person in Federal Prison, Jos and fixed 25th October, 2012 for definite hearing.

More than 2000 transformers hoarded by electricity officials were discovered by the Minister of State for Power, Darius Ishaku during a visit to Power Holding Company of Nigeria (PHCN) Central Stores at Shogunle, Lagos. The minister said that he was shocked that items needed for effective transmission and distribution of power were lying idle while consumers were complaining of damaged transformers, and ordered that all 33/11kv transformers, transformers panels, oils and other power equipment should be allocated to every part of the country that needed them within the next two weeks.

He also assured consumers that the transformers would be distributed

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Source: Business Day

A Federal High Court in Lagos presided by Justice Mohammed Idris has directed the Central Bank of Nigeria (CBN) to make open the whereabouts of the N191bn worth of assets seized from the convicted erstwhile Managing Director of Oceanic Bank Plc, Mrs. Cecilia Ibru.

Justice Idris, in a judgment on Tuesday, gave the banking sector regulator 72 hours within which to comply with the order..

The suit was instituted by the President of Progressive Shareholders Association, Mr. Boniface Okezie, as he sought to compel the CBN to release the information under the Freedom of Information Act.

Justice Idris also ordered CBN to declare “the total cash and value of properties recovered from Cecilia Ibru”.

He ordered the CBN to declare “the whereabouts of the money recovered from Cecilia Ibru; and what part of this cash and properties had been returned to Oceanic Bank and/or its shareholders.

“What is done officially must be done according to the law,” the judge held.

The judge was however not willing to grant the prayers of the plaintiff seeking the court to compel the CBN to also release information on the cost of its banking reform and the “amount of legal fees and other fees paid to professionals and professional bodies”.

Okezie had sought the court order that there be declaration of how much of the money was paid to the law firms of Olaniwun Ajayi LP and Kola Awodein.

He also wanted a declaration of how much was paid to Olaniwun Ajayi LP for the prosecution of Ibru and how much of the money stood as commissions on the properties recovered from her.

But the prayers were turned down on the grounds that the CBN was justified to have denied the information by the virtue of section 15 (1) of the FoI Act and the “legal practitioner-client privilege” as contained in section 16 of the Act.

Justice Idris upheld the argument of the defendant’s counsel, Prof. Gabriel Olawoyin, a Senior Advocate of Nigeria, even as he added that the plaintiff did not give sufficient evidence relating to “misconduct” in the payments to the law firms.

Okezie, had through his counsel, Chuks Nwachukwu, requested the information through a letter dated January 26, 2012.

Nwachukwu had stated in the letter that his client had observed that the two law firms “have completely dominated representation of CBN and its related bodies in the litigation sparked by the reforms.”

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Source: The Citizen

A traditional ruler in Ndokwa East Local Government has died during evacuation from his domain just as Delta state Governor, Dr. Emmanuel Uduaghan has directed the heads of the flooded Local Government Areas of the state to drive the efforts to evacuate victims of the current flooding in the state.

The traditional ruler whose name is still being withheld for traditional reasons, drowned when the boat he was being evacuated with capsized even as the governor ordered all political appointees to go back to their council areas to help in checking the flood scourge.

Dr. Uduaghan who directed all political appointees to return to their local government areas to assist in the evacuation and rehabilitation efforts during a meeting with members of the flood disaster committee, political appointees and Heads of Personnel Management (HPM) of the affected local government areas, said those trapped by the flood must be evacuated within two days.

In particular, he said a comprehensive report of the flooding detailing every community affected, number of displaced persons, those trapped, casualties, rehabilitation camps; problems and challenges faced should be ready within the same period.

He noted that the welfare of the displaced persons was paramount to the state government, stressing that his administration was putting everything in place to make the rehabilitation camps conducive.

Governor Uduaghan called for assistance from different organisations, corporate bodies and NGO’S to contribute their quota in alleviating the sufferings of the displaced people, explaining that the burden was too heavy for government to bear alone.

“We are asking for assistance from other organisations and groups because everybody needs to be involved whether they are from the affected areas or not”, he stated.

“So far I have refused financial assistance from people, if any group or person has money to help the displaced people, they should convert it to tangible goods,” he said.

Speaking further, the governor said it was also the responsibility of the local government councils to provide for the displaced people in their jurisdiction decrying the nonchalant attitude of most of the councils to the flooding.

While briefing the governor on the activities the flood disaster committee, the chairman of the committee and deputy governor of the state Prof Amos Utuama (SAN) said the flood situation in the state was getting worse as almost all the coastal areas have been submerged.

He noted that the committee had visited the affected coastal areas, opened rehabilitation camps and ensured that the relief materials were distributed to the camps.

The Economic and Financial Crimes Commission, EFCC, is set to arrest reverend fathers and leaders of the two Catholic Churches in Delta State which received from Francis Atuche, former managing director of Bank PHB, money believed to be stolen depositors’ funds, the International Centre for Investigative Reporting has reported.

Mr. Atuche, who is standing trial at the Lagos High Court, Ikeja, paid N45 million he allegedly stole from depositor to St. Monica Catholic Church and St. Augustine Catholic Church, both located in Ibusa, Delta State.

While St. Monica got N35million as tithe from Atuche, St Augustine got N10million.

Sources in the commission told icirnigeria.org that the agency has taken a decision to recover the entire amount and plans to arrest the priests and leaders of both churches to help in the recovery of the money.

The EFCC, our sources revealed, wants to use this as a test case to deal with religious bodies who help criminals to launder money in the guise of performing religious obligations such as tithes, offerings and vows.

The commission is said to be worried that many Nigerians, in both the public and private sectors, who steal money hide under such religious obligations to launder some of their loot and anti – graft agencies and the police have found it difficult to deal with the matter because of it’s sensitive religious nature.

But one of our sources in the EFCC said the commission will “no longer tolerate religious institutions, whether churches or mosques, synagogues, shrines or whatever, receiving stolen money in the guise of offering or tithes”.

“It is money laundering, simple. You might pretend to be ignorant of the source of the money, but under the law if you receive money from proceeds of crime you are guilty of money laundering and ignorance is no excuse under the law,” the source said.

According to the source, henceforth, any money illicitly obtained and given to any religious body or organization will be fully recovered.

Apart taking from action on this particular case, it was gathered that the EFCC will also come out with a stern warning to religious houses to investigate the source of funds that come to them from worshippers, particularly when it involves public figures and large amounts of money.

The commission may also engage religious houses and organizations in the country through seminars and interactions to sensitize them about what the law says about receiving stolen funds.

The EFCC has great latitude under the Money Laundering (Prohibition) Act 2004 to prosecute persons who receive proceeds of crime.

In fact, such persons, under the Act are liable to a jail term of between two to three years.

Section 14: (1) (a) of the Act makes it an offense for any person to convert or transfer any resources or property derived from illicit traffic in drugs, crimes and other illicit acts.

More specifically, Section 14: (1) (b) states that any person that “collaborates in concealing or disguising the Genuine nature, origin, location, disposition, movement or ownership of the resources, property or right thereto derived directly or indirectly from the illicit traffic in narcotic drugs, psychotropic substance or any other crime or illicit act commits a crime”

The person is also “liable on conviction to a term not less than 2 years or mare than 3 years”.

Section 16 of the Act also makes it an offense punishable by up to five years imprisonment for anybody to “retain the proceeds of a crime or illegal act on behalf of another person knowing or suspecting that the other person to be engaged in a criminal conduct or has benefited from a criminal conduct.”

The Act also does not preclude a corporate body from prosecution as Section 18 (1) states: “Where an offense under this act has been committed by a body corporate is proved to have been committed the instigation or with the connivance of or attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate shall be guilty of that offense and shall be liable to be proceeded against and punished accordingly.”

Under Section 18 (2) the court can order any corporate body found guilty to be wound up and it’s assets and property forfeited to the federal government.

Mr. Atuche and others are standing trial for stealing over N10 billion belonging to Bank PHB. At the resumed hearing in the case before Justice Lateefat Okunnu last week, a witness, Solomon AbolajiOgunsola, a former staff of PHB Mortgages Limited, alleged that Atuche paid the N45 million tithes from an account of PHB Mortgage Limited.

Lead prosecution counsel, Kemi Pinheiro, presented documents in court, including e-mail orders for the releaseof the sum of N45 million to the two churches.

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Source: Premium Times

Workers of Abia State unified Local Government system have slammed officials of the Nigeria Union of Local Government Employees (NULGE), Abia State chapter for allegedly using substandard materials in the construction of the NULGE secretariat and hotel which collapsed in Umuahia.

A two storey NUGLE secretariat building that was also to serve as hotel and which was nearing completion, collapsed last week.

The council workers have continued to demand for probe over the roles played by the NULGE executives who also serve as the building committee members.

Members of the NULGE state executives accused in supervising the shoddy work at the secretariat which led to its collapse included Eze Idima, D.C Chigbu, Ijeoma Onyenaucheya, Ikechi Nwigwe and Precious Chukwuemeka. Others were Austin Ekpo, Okechukwu Iwejua, Aja A. Aja and Linda Monday.

The workers who preferred anonymity for fear of victimization expressed sadness that the NULGE officials under the guise of executing the project through direct labour, engaged the services of a junior staff of Arochukwu local government simply identified as Enyinnaya, alleged to be related to the NULGE President, Idima, whom they accused of not having any experience in the building construction industry to oversee such gigantic project.

The workers accused Idima and his executives of deciding to construct the secretariat which they said had cost local council workers in the state several millions of naira through direct labour and bypassing town planning engineers to employ the services of an unqualified staff who used sub standard materials for the project, for personal monetary gains.

They said it was painful that a project that was being financed by the three percent check off dues of the over 30, 000 Abia local council workforce including a levy of between N1, 000 to N5, 000 per worker and which has not been accounted for, could be allowed to go down the drains due to the insensitivity of the NULGE executives and called for a probe.

“Most of the executives have buildings here in Abia and outside the state and none has collapsed, why the secretariat? They used substandard materials in the construction of such gigantic building and employed the services of an inexperienced juior staff to supervise the project in the guise of using direct labour so that they could make more money to themselves and now the workers are the worst for it ”, they said

247ureports.com gathered that few days after the building collapsed, the office of the general manager, Umuahia Capital Development Authority (UCDA) issued a statement, blaming the collapse of the secretariat complex on the use of substandard materials and immediately stopped further work on the project.

When contacted, the President of the Abia State chapter of NULGE, Comrade Eze Idima denied the allegation of wrong doing by any executive of the union in the construction of the collapsed building, maintaining that standard materials were used.

Despite the US embargo, the US government has tentatively agreed to allow Sri Lanka continue importing crude oil from Iran because of Sri Lanka’s satisfactory performance in the wake of trade sanctions, a senior Ceylon Petroleum Corporation (CPC) official said yesterday.

He told Daily Mirror he was joined by External Affairs Ministry officials at talks with a US State Department representative Miss Alison in Washington with the intention of easing the sanctions on Sri Lanka.

“The US government is glad that Sri Lanka reduced the import of Iranian crude oil from 14 shipments to 10 during the trade embargo. Therefore, the US is ready to allow Sri Lanka to import 10 shipments of Iranian Light for the use of Sapugaskanda Oil Refinery (SOR) as only Iranian crude oil is suitable for the purpose,” Mr. Siva said.

But he said there were other issues to be addressed before resuming the import of crude oil from Iran as a result of the trade embargo.
Mr. Silva said Sri Lanka was not in a position to import crude oil from Iran until the issues pertaining to freight insurance, bank transactions and LOC which have been restricted in respect of trade with Iran.

He said Sri Lanka was in the process of sorting out these problems with the State Department and a final decision was expected at the end of this month when Miss Alison visited Sri Lanka once again for further discussion on the matter.

The government has contacted the Sultanate of Oman and Saudi Arabia to purchase crude oil to fill the gap as Sri Lanka requires 14 shipments of 135,000 metric tons each of crude oil annually. The agreement with Oman is expected to be signed shortly

The SOR was designed by Iranian in such a way that it could refine only Iranian Light produced by that country. The SOR refines 6,000 metric tons of Iranian light a day and after the recent repair work, the refinery runs at 80 per cent capacity.

Mr. Silva said there was no fuel crisis right now and ample stocks were available.

He said CPC would not increase fuel prices though the IOC increased their petrol and diesel prices recently and added that the IOC fuel price increase would not have a big impact on the local market as CPC is the market leader with 95% market share