N2.1b pension fraud: Our case against Maina, by AGF, EFCC

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* Justify declaring him wanted, obtaining warrant for his
arrest

The Attorney General of the Federation (AGF) and the Economic
and Financial Crimes Commission (EFCC) have given reasons why they
are interested in the prosecution of former Chairman of the
Presidential Task Team on Pension Reforms, Abdulrasheed Maina.

The AGF and EFCC faulted Maina’s claim that he was being wanted
in relation to the alleged theft of N2.l billion pension fund, but
said he was allegedly involved in multiple offences.

They said the case against Maina includes allegations of
misappropriation, money laundering, forgery and procurement
fraud.

The AGF and the EFCC justified the various steps taken so far to
bring him to justice, including placing advertorials in newspapers,
declaring him wanted and obtaining a bench warrant against him from
a competent court.

They said the arrest warrant was still valid and that it would
be executed at the appropriate time.

The AGF and the EFCC argued, in court documents filed in
response to two suits by Maina before the Federal High Court in
Abuja, that the suits were meant to further shield him from the
law.

Maina, in both suits is alleging violation of his fundamental
rights through being declared wanted and a bench warrant issued
against him.

He equally alleged constant intimidation and harassment by
security agencies, queried the competence of the warrant issued by
a Magistrate Court in the Federal Capital Territory (FCT) for his
arrest.

Respondents in both suits are AGF, EFCC, Inspector General of
Police (IGP), Commissioner of Police (Interpol) and Nigeria
Immigration Service (NIS).

The EFCC, in a counter affidavit, said “the applicant (Maina) is
wanted by the 2nd respondent (EFCC) over allegations of
misappropriation, money laundering, forgery and procurement
fraud.

“Several letters of invitation was extended to him through the
Ministry of Interior to come to the office of the 2nd respondent to
respond to allegations levelled against him.

On the 30lh day of October 2017, the Ministry of Interior wrote
back to the 2nd respondent wherein they intimated the 2nd
respondent that the whereabouts of the applicant is unknown which
incapacitated them from serving him an official letter of release
to enable him to report to the office of the 2nd respondent.

“The Ministry of Interior also advised the 2nd respondent to
take any further appropriate action in search of him.

“The 2nd respondent was constrained to seek for and obtain a
warrant of arrest after all efforts made to bring him to the 2nd
respondent‘s office proved futile.

“The warrant of arrest was issued by the Chief Magistrate Court
Abuja dated 26th October 20l7

“The applicant is being investigated for several offences,
including money laundering, obtaining money by false pretence,
breach of trust, cheating, official corruption, embezzlement of
public fund and abuse of office. ‘

“There is no order of court directing the 2nd respondent from
investigating and or prosecuting the applicant.

“The applicant has remained at large since 20l5 and, as such,
could not be arraigned before the Federal High Court in Charge No
FHC/ABJ/CR/297/20l5 wherein he was charged alongside Stephen
Orosanya,Osorenkhhoe Afe and four others. Attached hereto and
marked as Exhibit EFCC 3 is a copy of the charge.

“Charge No FHC/ABJ/CR/297/20l5 pending at the Federal High Court
Abuja for which the applicant has evaded arraignment and for which
he was subsequently declared wanted bothers on money laundering and
not theft of the sum of N2.lb pension fund contrary to the
deposition of the applicant.

“The warrant of arrest issued by the Chief Magistrate Court,
Abuja which is the fulcrum on which the declaration of the
applicant as a wanted person is founded is valid and subsisting and
has not been set aside.

The counter-affidavit further reads: “In 2015, the EFCC pressed
charges of corruption to the tune of N2 billion against the
applicant and his accomplices.

“The applicant was declared wanted by the 2nd respondent
consequent upon his refusal to make himself available for
investigation on allegations of corruption running into over
N2billion, rather the applicant absconded to evade investigation,
arrest and possible prosecution.

“In further investigating the applicant as it relates to
corruption charges, the applicant evaded questioning by relevant
security agencies.

“In an effort to secure the presence of the applicant to aid the
investigation into the alleged corruption, an arrest warrant was
further issued to secure his presence.

“The applicant had consistently not made himself available for
investigation by relevant security agencies.

The publication made in the national dailies was to ascertain
the whereabouts of the applicant and aid the investigation of the
allegation of corruption against the applicant.