EFCC ‘should arrest Adoke, Etete, others’

A Federal High Court judge in Abuja has advised the Economic and Financial Crimes Commission (EFCC) to deploy its arresting powers to produce before the court those indicted in the controversial $1.1 billion Oil Prospecting Licence (OPL) 245 transaction (also known as the Malabu Oil deal).

Justice John Tsoho gave the advice yesterday when EFCC counsel Jonson Ojogbane made a request for direction when two of the three charges the commission filed in relation to the Malabu Oil deal were mentioned.

The first of the charges was filed on December 21, last year. There are nine defendants, including former Attorney-General of the Federation and Minister of Justice Bello Adoke (SAN).

Others are former Minister of Petroleum Dan Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd and Megatech Engineering Ltd.

The second charge filed on March 2, has Adoke and Abubakar (of AA Oil) as defendants.

The second charge was first mentioned yesterday. The defendants were neither in court, nor represented by lawyers.

Ojogbane announced his appearance for the prosecution. He said the prosecution was not yet able to effect personal service of the charge on the defendants.

He sought the court’s direction on whether or not to apply orally or by way of a motion for arrest warrants against the defendants.

Ojogbane said: “We are yet to serve the defendants in this case. We have been unable to serve them, particularly, the first defendant (Adoke). We are told he is outside the country.

“I will appreciate if my lord can guide me. I actually want to make an application for arrest warrant against defendants.”

Citing Section 35 of the Administration of Criminal Justice Act (ACJA), Ojogbane said: “My lord, I wish to be guided about the procedure. I want to know if I can apply orally or file a motion.”

Justice Tsoho replied: “You can’t apply orally. My understanding of the law is that until you arraign anybody, you cannot make an order of arrest against the person.

“If a defendant has been arraigned and he is not coming for trial, the court can issue arrest warrant against such person.

“The prosecution can use its coercive powers under the law to arrest a defendant to answer to the charges pending against them.”

Ojogbane explained that he required the warrant to begin extradition proceedings against the defendants, who are overseas.

His logic is that with the cooperation of the AGF Office, the INTERPOL will facilitate the arrest of the defendants, if  a warrant is attached to all the documents to be sent to the foreign authorities.

Justice Tsoho, who was not persuaded by Ojogbane’s explanation, stated that with or without an arrest warrant, extradition proceedings could be initiated.

Realising that the judge was unwilling to grant his request, Ojogbane sought an adjournment to enable the prosecution take further steps to bring the defendants  to court.

When the other charge was called, similar scenario played out. Justice Tsoho adjourned till June 13 for arraignment.

The third charge is before the High Court of the Federal Capital Territory (FCT). There are 11 defendants.

They are Adoke, Etete, Shell, Agip,  Eni,  Aliyu Abubakar (of AA Oil Ltd), Malabu Oil and Gas Ltd.

Others are a director of Shell, Ralph Wetzels and three Italian directors of Agip Exploration Ltd – Casula Roberto, Putatti Stefeno and Burrafato Sebastiano.

The defendants are charged with conspiracy and official corruption in relation to their alleged acceptance of $801 million from the oil companies in relation to the grant of OPL 245.

$550m Abacha loot: Fed Govt set to clear hurdles

Governor urged to withdraw suit

To repatriate a $550million loot traced to ex-Head of State Gen. Sani Abacha, the Federal Government is to resolve two legal hurdles in the United States.

The hurdles are:

• an application filed before a court by Kebbi State Governor Atiku Bagudu and his wife; and
• an action by a United States lawyer, Godson Nnaka, who is fighting to have part of the money.

Besides, the government is seeking “political solutions” to the conditions set by the Swiss government for accessing the loot, The Nation learnt yesterday.

The Swiss government would like to monitor what Nigeria does with the loot, a development which the Federal Government considers as an affront on the country’s sovereignty.

Attorney-General of the Federation and Minister of Justice  Abubakar Malami (SAN) and  Economic and Financial Crimes Commission (EFCC) Acting Chair Ibrahim Magu, who returned from the US on Sunday, were said to have made progress in “negotiating the last phase of the process for the release of the $550million”.

Pending legal cases in the U.S. by the two Nigerians and the conditions attached to the use of the loot have caused the delay in repatriating the $550million loot.

The U.S. insisted on the removal of the legal obstacles before it could invoke the procedure for the release of the funds to Nigeria.

Following likely loss of the $550 million, President Muhammadu Buhari has chosen to resolve the stalemate through “political solutions”.

A top source, who spoke in confidence, said: “The Federal Government is inching closer to the resolution of legal hurdles and the template for the release of the $550 million Abacha loot. We have spent close to 20 years pursuing the repatriation of these stolen funds; it is time to get over it.

The source added: “The government is trying to prevail on the Governor of Kebbi State, Alh. Atiku Bagudu and a U.S.-based lawyer, Mr. Godson Nanka to withdraw their pending matters in some courts in the U.S..

“The government has decided to plead with Bagudu and his wife, Aisha to withdraw their  suit in the U.S., which is inhibiting the process of releasing the cash, which has been stashed in Switzerland.”

In the suit number 13-CV-1832 (JDB), Bagudu and his wife urged the court to reverse its judgment,  which declared that the money  attributed to them was illicit fund laundered into the U.S. and therefore forfeited to the American government.”

Relying on 18 USC 983 (a) (4) and Rule G (5) (a) of the Sup¬plemental Rules for Admiralty or Marine Claims and Assets Forfeiture Actions of the Fed¬eral Rules of Civil Procedure (Supplemental Rules), Bagudu said: “I have a claim to and interest in the property alleged to be subject to forfeiture in this action.”

“If we continue with this suit without a political solution, the $550 million will still be held up in the U.S..

“The President has asked AGF Malami to discuss with the governor and his wife to withdraw the matter in the interest of the country. I think Bagudu has agreed to do so.”

Also, a U.S.-based lawyer, Mr. Godson Nnaka, who was recruited in 2004 by the Federal Government to recover funds stolen by the late dictator, Gen. Sani Abacha, had instituted a case in a U.S. district court  against the Federal Government.

He has asked the court to declare that he is entitled to 40  per cent of the recovered loot. He also pleaded with the court to make him  the funds’ exclusive attorney.

“He alleged that he was excluded from  the fund recovery case after spending much time and money in tracing the looted funds.

“So far, we have no choice than to negotiate with the counsel. This is another legal challenge which the U.S. is using to delay the repatriation,” the source said.

A government source also made some clarifications on why the U.S. and Switzerland were involved in the loot recovery.

The source said: “The looted funds originated from the US jurisdiction to Switzerland. Many U.S.-based  banks or financial institutions were involved in the wiring of the funds. They include  Chemical Bank, New York; Commerzbank AG, New York; Marine Midland Bank, New York (now HSBC USA, NA;  Morgan Guaranty Trust Company, New York (now JP Morgan Chase); ANZ Banking Group, New York; Bankers Trust Company, New York; Barclays Bank, New York; Citibank NA, New York;  and Chase Manhattan Bank, New York.

“About $321million of the cash is said to be stashed in some banks in Switzerland. So, tracking the assets is an intertwined challenge between the U.S. and Switzerland.”

Asked to be specific, the source said the government had signed a pact with Switzerland.

“The pact, which is titled a “Letter of Intent on the restitution of illegally-acquired assets forfeited in Switzerland,” was signed by Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami (SAN), and the Swiss Head of Foreign Affairs Department, Didier Burkhalter. The document reveals that $321 million acquired illicitly by the Abacha family was initially deposited in Luxemburg before being confiscated by the Swiss Republic Judiciary and Canton of Geneva following a December 11, 2014 forfeiture order.

“If the $321million loot is released, the total repatriation to Nigeria by the Swiss authorities will amount to $1.044billion in 12 years.

“The Switzerland government has released $723million to the country in the last 11 years.

“Well, as for the conditions set by Switzerland , the Federal Government regarded as an affront on its sovereignty. Some of the conditions include  the use of the funds for projects that will benefit all Nigerians and that World Bank should “ supervise the spending of returned assets by the Nigerian government”.

The government submitted five project proposals to the Swiss government bordering on social benefit projects for the 2016 budget but the looted funds were not released.

The Federal Government and Switzerland last month signed an agreement on the return of the $321million.

A rights lawyer Femi Falana(SAN) had asked the  Federal Government  to reject the conditions attached to the repatriation of the stolen funds in a letter to President Muhammadu Buhari.

He said allowing the World Bank “to supervise the spending of returned assets breaches international law principles and standards”.

Court orders EFCC to defreeze Ozekhome’s account

The Federal High Court in Lagos Monday defreezed the account of activist-lawyer Chief Mike Ozekhome (SAN).

The Economic and Financial Crimes Commission (EFCC) froze the account based on an interim order by Justice Abdulazeez Anka.

The agency said Ekiti State Governor Ayo Fayose made a part-payment of N75million to the lawyer from an alleged N1.2billion the governor allegedly received from the Office of National Security Adviser (ONSA).

The commission said it froze Ozekhome’s GTBank account because the N75million Fayose paid him was suspected to be proceed of crime.

Ruling on Ozekhome’s application to defreeze the account, Justice Anka held that Fayose paid the money from an unencumbered account.

He held: “There is no argument whatsoever as to the source of the funds as rightly argued by the learned counsel for the EFCC, Mr. Rotimi Oyedepo, but the question is: can the respondent/applicant be liable for any infraction as of the time he received the amount in his account?

“His evidence was not controverted that the same proceeds were unencumbered as of the time they were transferred into the account of Mike Ozekhome Chambers as rightly argued by Chief Mike Ozekhome.

“The Federal High Court sitting in Ado Ekiti, Coram Taiwo J, ordered the unfreezing of the said account belonging to Governor Ayodele Fayose.

“I do not understand or comprehend why the applicant/respondent’s counsel, Mr. Rotimi Oyedepo, would still argue and stand his ground that the same account has not be unfrozen by the Federal High Court sitting in Ekiti State.

“In both the order and the depositions, the account, numbered 1000312625, was evidently and manifestly unfrozen; such an argument, therefore, by Mr. Oyedepo Esq cannot hold water.”

The judge said he arrived at his decision considering the fact that the source of the fund was derivable from an unencumbered account; that the account was unfrozen via the order of the Federal High Court in Ado Ekiti; that the amount has been dissipated; and that the funds were monies paid for the legal services rendered to Fayose.

“I find it very doubtful if the objection of the EFCC can be lawfully sustained,” the judge held.

EFCC obtained the order on February 7, following which Ozekhome urged the court to vacate it.

Justice Anka said he would not allow himself to be lured into sitting as an appellate judge over the counter-decisions of Justice Mohammed Idris who earlier froze Fayose’s accounts  and Justice Taiwo who later defreezed the accounts.

The judge also held that the section of the Money Laundering Act dealing with disclosure of lodgements of N10million and above, cited by the EFCC in support of its case, does not apply to a private legal  practitioner such as Ozekhome, especially where the N75million was paid from a court-ordered defrozen account.

The judge further held that the act of approaching the Federal High Court, a lower court, to preserve the res (subject matter of a case) already at the Court of Appeal, in an appeal filed by the EFCC itself, or sit on appeal over the proceedings of the appellate court and the judgment of Justice Taiwo, a court of coordinate and concurrent jurisdiction, was wrong.

He chided Oyedepo for approbating and reprobating, when in one breadth, he called the fees proceeds of crime, and in another breadth, he agreed that Ozekhome had actually worked for the fees and was thus entitled to it.

The judge held that filing an application to set aside an earlier ex-parte order of injunction as done by Ozekhome cannot in anyway amount to attempting to shield himself from Investigation.

He, therefore, held that Ozekhome’s motion to defreeze the account succeeded wholly and that the account should be defrozen immediately.

I can’t reverse Ndume’s suspension, Says Saraki

Saraki

…Crisis inevitable for development, says Dogara

The Senate President, Bukola Saraki, on Monday said that he has no power to reverse the suspension of Senator Ali Ndume from the Senate.

Ndume was recently suspended for six months by the upper legislative chamber of the National Assembly.

Speaking with State House correspondents at the end of closed door meeting with President Muhammadu Buhari, Saraki said that the issue of Ndume’s suspension was beyond him.

He said “We should try and understand how the parliament works, I wish I had such powers these powers you give me I wish I had them, the President or Speaker is first among equals they are just presiding officers but unfortunately you know the legislative arm is the youngest people don’t understand, people give us this powers that we have, decisions that are taken in plenary is decision of all but I have a role to be able to convey the message.

“I will convey the message of the visit of the Governor of Borno and the Senate is one, we are all one family there will be issues like that, there is nothing that is sacrosanct or rigid.” he said

He also disclosed that the National Assembly is working hard on the 2017 Budget.

According to him, one of the reasons for visiting the President is to let him know how far the National Assembly has gone on the 2017 budget.

He said “We are on course as you note last week we did ask all the sub committees to submit their reports to appropriation all that has been done now, it’s now collation and review then hopefully it will be passed very soon.

On the suspension of screening of Resident Electoral Commissioners, he said “As I said this is a routine meeting, there are many things that is important but there are other things that is even more important to do which is the budget.

“We talked also about the INEC bill that we have passed I took the president through some of the areas, very important areas because you know the President over many years is somebody that has gone to many elections and seen, so that was something he was really excited about, some of the new amendments like electronic voting, talks about electronic process for collation, those are landmark achievements that we hope that very soon the House will concur and will all come here for the President to assent.

“Some of these other issues it will happen but I don’t think it’s a major issue, but we are still moving ahead and still consulting.” he said

On his views on the reconciliatory committee set up, he said “Good development, but like I said there will always be issues on one or two things, it doesn’t mean that it is the foundation of it, when you have an arm of government that has to do with confirmation there will always be, for example the NDDC bill we rejected 3 people from NDDC we keep on moving, we are all part of one government that is why despite all these, still major decisions are taken, like I said we did a critical amendments on INEC by Tuesday or Wednesday. For the first time in the history of the legislature, we are going to lay a report on the PIB for consideration, it has never happened, for the past 20 years it has not gotten to this stage, so its work in progress for the interest of Nigeria.

“Don’t let us get distracted by one or two infractions, it’s bound to happen, even America that we are copying even today as we are watching, see what is happening on the Supreme court these are things that happen on the part of democracy but I can reassure Nigerians that it’s just a drop in the ocean, it is not an issue that should stir the whole nation, be rest assured.

Asked if the relationship between legislature and executive is cordial, he said “It is cordial, you cannot examine it based on NDDC, based on EFCC, we have other issues, we have ministerial nominees that we are going to be working on, we have the budget that is more important, we have INEC, PIB we have so many important things and I think it’s a mixture of all that should guide us, don’t let us over heat on some of these issues.”

Speaking further on his visit to the Villa, he said “As you know this is a routine, it’s part of the consultation and collaboration that we observed that has helped in improving the workings together, it’s just a routine and review, most important issue now is the budget.”

Also speaking with journalists, Speaker of the House of Representatives, Yakubu ‎Dogara, said that his visit to the seat of power was routine.

He said “It baffles me when people see you visit Mr. President they will think something is wrong, nothing is wrong, it is routine visits‎.

According to him, the face-off between the executive and legislature over the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, is not a crisis.

He said “You might look at it as crisis but I don’t look at it as crisis. You know I have always said this that as a government our value will be the problems we have solve.

“We can’t be remembered for avoiding, we can’t be remembered for running away from problems, it is only when‎ we provide solution to some of the things you refer to as crisis and we look at it as opportunities to begin the new that people will now remember us for putting down enduring legacies.

“But when we run away from everything that appears to be trouble we will not make it.

Asked whether he has solved the problem from the meeting,  he said “I tell you they will overcome it. I’m not in the Senate and I am not the Spokesperson for the Senate so the Senate will speak for themselves.

On whether the planned protest against the National Assembly was manipulated from outside, he said “I wouldn’t know, this is a democracy we are running and we have to open the space to civil society, to everyone who feel aggrieved to be able to air his grievances.

“So, if they have grievances against the institution of the legislature we will take it. You see the point is we should never run away from crisis, crisis are always wonderful opportunities for us to begin the new, for us to set new boundaries, for us to begin to examine things in a new way.

“So we should welcome crisis, they are the engines that always propel growth and progress. So if anyone think he has issues with the national assembly let him come and we will have the opportunity to explain, that is the beauty of democracy,” he said.

OMG!!! Watch How Nigerian Lawmakers Are Fighting In The Parliament (VIDEO)

What a Shame! :'( :'(

Nigeria Lawmakers Fighting in Parliament!

click this link to watch full video

EFCC arrests 2 CBN directors for forex manipulation

Two directors of the Central Bank of Nigeria have been apprehended by the Economic and Financial Crimes Commission for allegedly manipulating forex and economic sabotage.

According to sources at the EFCC,  one of our correspondents on Wednesday that the directors were still in custody as of press time at 7.30pm.

It was futher disclosed that the investigation into the CBN officials activities sent shockwaves round the apex bank.

The detective said the houses of the directors had been searched while incriminating evidence had been recovered.

A source at the EFCC, who wished to remain anonymous said, “We have arrested two directors of the CBN in connection with forex manipulation. We believe that it was the activities of these individuals that contributed to the dollar scarcity and the weakening of the naira.

“Ironically, immediately we started investigating these chaps a month ago, the CBN reeled out a new forex policy which sought to flood the market with excess dollar and strengthen the naira.

“Already, we have searched their houses and recovered some sensitive documents. We have reason to believe that they may not have acted alone. We expect to make more discoveries as investigations continue.”

When contacted,  the Acting Director, Corporate Communications Department, CBN, Mr. Isaac Okoroafor, said no director of the apex bank had been arrested by the EFCC.

He said, “This is not true. No director of the bank (CBN)  has been arrested by the EFCC. The current activities of the CBN  in the forex market is a result of months of study, monitoring  and planning to tackle the activities of black marketers.

“We are succeeding and Nigerians are happy with us.  No amount of false rumours and concoctions to ridicule and sabotage the success we have achieved will make us lose our focus at this time.”

Meanwhile, the EFCC has dispatched letters to several aides and persons linked to Senate President Bukola Saraki for their alleged role in the N19bn illegally deducted from the N522bn Paris Club refund.

About N3.5bn out of the stolen N19bn was said to have been traced to Saraki and several persons close to him, an EFCC report had said.

A top source at the EFCC told one of our correspondents that letters had been dispatched to the indicted persons and some were billed to report at the EFCC office on Thursday (today).

A detective said, “I can confirm to you that letters have been dispatched to aides to the Senate President. Some will appear on Thursday (today) while others will appear on subsequent days depending on the outcome and pace of investigations.”

Some of the persons invited by the anti-graft agency included Saraki’s Deputy Chief of Staff and a former lawmaker, Gbenga Makanjuola; Obiora Amobi and Oladapo Joseph Idowu.

Others are Mr. Kolawole Shittu, and a former Managing Director of Saraki’s defunct bank, Societe Generale Bank of Nigeria, and current boss of Melrose General Services Limited, Mr. Robert Mbonu; and the Relationship Manager to the Senate President in Access Bank, Kathleen Erhimu.

Melrose General Services is one of the companies hired as consultants by the Nigeria Governors’ Forum.

The firm got N3.5bn as consultancy fees while other companies shared about N15.5bn.

When asked why Saraki was singled out for investigation, the source said, “No one is victimising the man. He is an easier target because he has no immunity unlike the governors most of whom still have immunity till 2019.

“The investigation is holistic and in due course everyone found culpable will face justice.”

Recall that the Federal Government had in December 2016 approved the sum of N522.74bn to be paid to the 36 states of the federation as part of the reimbursement for the over-deduction on the Paris Club loan from 1995 and 2002.

The EFCC had sometimes in January discovered that the Paris loan refunds were illegally routed through the account of the NGF by the CBN.

Upon receiving the funds, the NGF in an alleged connivance with Saraki, began remitting huge sums to private consultants who then laundered about N19bn.

The EFCC report sent to the Presidency states in part, “Suffice to apprise that all payments received by Melrose General Services Company from the NGF have hitherto been diverted directly via cash withdrawals and indirectly through transfers by Hon. Gbenga Peter Makanjuola, Kolawole Shittu and Oladapo Joseph Idowu who are principal aides of the Senate President.

“Furthermore, other payments from Melrose General Services Company have also been linked to companies that Dr. Bukola Saraki has interest in and carries out transactions with.

“This includes the sum of $183,000 which was transferred to Bhaska Devji Jewellers, Dubai, a company Dr. Bukola Saraki had repeatedly made payments to.

“Also, the sum of N200m was transferred to Wasp Networks Limited that subsequently transferred the sum of N170m to Xtract Energy Services Limited, a company that routinely made deposits into Dr. Saraki’s Access Bank US dollar Domiciliary account.

The reports concludes that a prima facie case of conspiracy to retain the proceeds of unlawful activities  and money laundering contrary to Sections 15(3) and 18(9) of the Money Laundering Prohibition Act 2004 can be established against the aforementioned suspects.

DSS arrests Ifeanyi Ubah

The Department of State Services has arrested and detained Nigerian business mogul, politician and owner of FC Ifeanyi Ubah, Ifeanyi Ubah.

According to Sahara Reporters, the reason for his arrest is unknown. But Ubah, who owns Capital Oil, had previously been linked to a fraud probe involving the Nigerian National Petroleum Corporation.

Zamfara: Careless driver kills 6 people

A driver’s who decided not to follow  traffic rules has sent six people to their early grave in Zamfara state.

The accident involved two vehicles.

Five other people, including two children, also sustained severe injuries.

The driver of one of the cars was coming from Gusau, the Zamfara State capital, while the other vehicle was heading towards Gusau at about 10.30am.

The Honda driver, who was said to have been engrossed in a conversation on the telephone, lost control of the vehicle which was on top speed and swerved off his lane resulting in a head-on collision.

It was gathered that the two drivers and three other occupants of the two cars died on the spot.

The victims were taken to the Federal Medical Centre, Gusau.

Sagay: Senate lacks authority to summon me

Prof. Sagay

Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) yesterday said the Senate cannot summon him for expressing an opinion.

He said the Senate lacks the authority to summon a private citizen.

Sagay said the lawmakers were embarking on a “futile” exercise that could have “embarrassing consequences”.

According to Sagay, he does not fall within the category of government officials that the Senate can summon.

He said he only exercised his constitutionally guaranteed right to hold an opinion.

Sagay said a government official can be summoned during an amendment of a law that affects the official’s agency, or where the official is directly involved in spending monies appropriated by the National Assembly.

The eminent professor of law said any senator who feels that his reputation was damaged by his comments could seek redress in court.

He said the Senate was not a court of law before whom he could be ordered to appear.

Sagay was reacting to a move by the Senate to summon him over comments he made on the lawmakers.

The PACAC chairman also faulted the suspension of Senator Ali Ndume for six months, saying it was not justifiable.

He said: “I expressed an opinion in the newspaper. It’s my constitutional right. Now, they say they’re inviting me.

“I’ve not got the summons yet, but I’m saying that they absolutely have no authority or power to summon me before them, just as I have no power or authority to summon them before me. Our powers in that regard on virtual summons are exactly the same.

“So, it is a futile exercise. My advice to them is to ask their legal advisers to tell them how limited their powers are under Sections 82 to 89 of the 1999 Constitution. Then they will know that I am far, far outside the category of people they can ever invite. And they would save themselves the embarrassment of the consequences of that futile invitation.”

Asked if the Senate has the right to order the arrest of a citizen who refuses to appear before it, Sagay said: “They can do so if that citizen comes within the small group of people they can invite.

“Usually when they invite, there are one of two reasons: they want to make a new law or improve a law, and you’re an official in that area, an official probably in government in that area, and they invite you to interrogate you so they can improve or get ideas on improving that law they intend to make. That’s one.

“Additionally, when they have voted money for particular government activities, and you’re the one who is overseeing that activity and spending the money they have allocated, they can invite you to give an account of how you spend the money in order to improve efficiency in that type of expenditure or to check corruption. Those are the two groups of people they can invite. They should know that that has nothing to do with me.

“They absolutely have no authority to invite a private citizen who expresses an opinion. They have been defeated in court so many times for trying to invite people over whom they have no power.

“So, that’s why I said they should just save themselves that embarrassment. They can’t intimidate anybody. They can’t stop me from expressing my views, which are guaranteed by the Constitution.

“They cannot become a court for me to appear before. Courts are established, and I can only appear before a court, not before them.”

Sagay said any senator who feels his reputation was damaged by his comments could sue. “O, definitely. That’s his constitutional right and then, we’ll meet there,” he said.

On Senator Ndume’s suspension, Sagay said: “Clearly there’s no basis for that suspension. He brought something that the whole country was talking about to their attention. They had an opportunity of clearing themselves. That’s the kind of offence for which he is suspended for six months”.

EFCC finds $86m Paris Club refund in NGF’s account

MORE cash believed to be part of the London-Paris Club loan refund has been found by  the Economic and Financial Crimes Commission (EFCC).

The US$86,546,526.65 was remitted into the account of the Nigerian Governors Forum (NGF).

The account is said to have been depleted to about $17million as at the time the probe started.

The EFCC is probing how the cash got into the account, who remitted it and for what purpose.

“The cash was paid into the forum’s domiciliary account in GTB tagged: 0023577047 with sort code 058083215,” the source said, adding that the payment followed a November 21, 2016 memo on the remittance into the NGF’s account which was titled “Consultants fee”.

The cash was described as consultancy and legal fees as the case with the N19 billion which was allegedly diverted from the refund.

“This development has justified the earlier peg of our investigation that the part of the London-Paris Club loan refunds was paid into two accounts of the NGF” the source said, pleading not to be named because he has no authority to talk to the media.

“Operatives are tracking how the $86.5m was used and for what purpose. We want to know whether the affected financial and legal consultants exist or not.”

The Nation had exclusively reported that the Presidency was uncomfortable with how some governors managed the refund.

The Federal Government released N522.74 billion to 35 states as refund of over-deductions on London-Paris Club loans.

President Muhammadu Buhari directed the release of the refund to enable states to pay salaries and pensions.

But more than N19billion of the refund has been enmeshed in controversy over payment of consultancy fees. Some consultants were yet to be paid as at press time.

Some of the infractions noticeable in the management of the first tranche of the London-Paris Club loan refund are:

• computation of state records done at a private home in Maitama, Abuja;
• accounts initially opened in the names of two lead consultants but the details of who to be paid were later changed;
• N19b remitted into two NGF accounts;
• commission to consultants cut from 10% to 2% but 5% was on paper as paid;
• the CBN paid directly to each state without the knowledge of the Accountant-General of the Federation; and
• part of the N19b commission was traced to a governor’s account and some individuals, including some members of the National Assembly.

It was also discovered that besides the central consultants, governors hired other consultants, with some conceding about 10-20% commission to them.

In some states, governors served as consultants through proxies.

Some consultants are yet to be paid because the NGF changed the commission formula as soon as the first tranche was remitted, The Nation learnt.

Besides, some governors deviated from using 25 per cent  to 50 per cent for payment of outstanding salaries and pension as agreed with President Buhari.

Falana: time to end Senate’s impunity

•Femi Falana

Citing constitutional provisions, Lagos lawyer Femi Falana said the Red Chamber erred for demanding Magu’s sack by the President.

He said the Senate, relying on the powers conferred on it under Section 3 (2) of the EFCC Act, 2004, refused to confirm Magu’s appointment as the agency’s substantive chairman.

According to Falana, the time to end impunity in the Senate was now, referring to Ndume’s suspension and Sagay’s invitation.

His words: “The decision of the President cannot be faulted by virtue of section 171 (1) (d)  of the Constitution which provides that the President is vested with the power to appoint the head of any extra ministerial department to hold office in an acting capacity. Such appointment does not require the confirmation of the Senate.

“Completely aggrieved by the decision of the President to exercise his constitutional powers in the circumstance the Senate has decided not to confirm the 27 newly appointed Resident Electoral Commissioners  until Mr. Magu has been removed from office as EFCC Chairman. In asking for the removal of Mr. Magu the Senate said that the anti graft czar has been terrorising the Senate. Should the Senate resort to such cheap blackmail because the embattled EFCC helmsman has tefused to compromise the  prosecution and investigation of about 15 senators alleged to have been involved in serious economic and financial crimes? Why should the Senate President, Dr. Bukola Saraki not be terrorised for the criminal diversion of N3.5 billion from the London/Paris Club loan refund?

“Before now, sharp disagreements between the National Assembly and the executive had been submitted  to the courts for judicial resolution in line with the rule of law. At the twilight of the Goodluck Jonathan administration, the Attorney-General of the Federation challenged the purported amendment of the Constitution at the Supreme Court. Based on the interlocutory injunction granted by the Supreme Court, the National Assembly suspended further deliberations on the amendment of the Constitution. Instead of following the path of rule of law and constitutionalism, the Senate has completely thrown caution to the winds.

“In the atmosphere of impunity which has enveloped the Senate, the chairman of the Presidential Advisory Council on Corruption, Prof Itse Sagay, has been ordered to appear before the Senate for having the temerity to criticise the  senators. In El Rufai v House of Representatives (2003) 46 WRN 12, the Court of Appeal held that the respondent lacked the power to summon the appellant over a defamatory statement made by him.

“The purported suspension of Senator Ali Ndume is the height of the serial illegality. In Hon. Dino Melaye v House of Representatives (unreported), the Federal High Court declared the indefinite suspension illegal and unconstitutional on the ground that a legislator could not be suspended for more than 14 days. But in the House of Assembly v Hon Danna, the Court of Appeal held that a legislative house is not competent to suspend a member even for a single day as it is a violation of the democratic rights of members of his/her constituency.

“In view of the settled state of the law as expantiated upon in the aforementioned cases, the Senate is advised to reverse its illegal decisions and quickly return to the path of constitutionalism in the interest of lasting democracy in the country. However, if the Senate remains intransigent, the Executive branch of the government should adopt decisive measures to terminate the rein of impunity in the National Assembly. ”