EFCC Operatives
Heritage
EFCC Operatives
Heritage Bank: Court Orders Final Forfeiture of N1, 260,
000,000, $327,132.35, £167.85 , €157.90
Justice A. Obiozor of the Federal High Court sitting in Ikoyi,
Lagos has ordered the final forfeiture of the sums of
N1,260,000,000, $327,132.35, £167.85 and €157.90 recovered by the
Economic and Financial Crimes Commision, EFCC, to the Federal
Government.
The order came following an ex parte application filed by the
Economic and Financial Crimes Commission, EFCC, against Heritage
Bank Plc and Secure Electronics Technology Limited.
The funds were discovered, following an intelligence report
received by the Commission.
The persons in whose possession the funds were found did not lay
claim to them and surrendered them for forfeiture.
In an affidavit in support of the application, the applicant
stated that “Heritage Bank did not provide any legitimate
explanation for the above transactions (involving the sums) and
consequently returned the said money through 16 separate bank
drafts issued in favour of the EFCC Recovered Funds Account.”
Justice Obiozor, in his ruling on August 15 , 2018, had ordered
the interim forfeiture of the monies, which were reasonably
suspected to be proceeds of unlawful activities, to the Federal
Government.
In line with the court order of August 15, 2018, the EFCC had
published the interim forfeiture order in the Nation newspaper of
August 21,2018 for the correspondents or anyone interested in the
money to show cause why the funds should not be permanently
forfeited to the Federal Government.
At the hearing on Tuesday, November 13, 2018, the applicant,
through its counsel, Ekene Iheanacho, said the respondent had not
shown up to lay claim to the money, despite being served with the
earlier interim order of forfeiture, motion for final forfeiture
and hearing notices on the action.
He , therefore, urged the Judge to order the funds to be
permanently forfeited to the Federal Government.
In his ruling, Justice Obiozor held that ” the applicant has
proved on the balance of probabilities that the funds recovered
from the respondents by the applicant were reasonably suspected to
be proceeds of unlawful activities.”
The Judge, therefore, ordered that the various sums of money be
permanently forfeited to the Federal Government
Tony Orilade,
Ag. Head, Media & Publicity
13th November, 2018
…………………………………………….
N1.6m Pension Fraud: Court Convicts One, Prosecutes
Another
The Economic and Financial Crimes Commission, EFCC on November
14, 2018 secured the conviction of Mohammed Abdullahi, who was
arraigned along with Hassan Gulu for a N1.6 million pension-related
fraud.
The two men were brought before Justice Aisha Bwari of the Niger
State High Court, Minna, on a two-count charge bordering on
cheating and fraudulent conversion to personal use.
The long arm of the Law caught up with them when the EFCC
received a petition from the Pension Transitional Arrangement
Directorate, PTAD, alleging that Abdullahi, during routine
verification exercise in Minna, was found to have been overpaid his
monthly pension entitlements for almost two years.
Abdullahi, a retiree was entitled to N31,000 as monthly pension,
and N2,609.68 as his federal pension. However, verification showed
that he was receiving N165,313.19. He was found to have remitted
N75,000 monthly for almost two years to Gulu who was formerly under
the Office of the Head of Service, Pension Service, but presently
with the Federal Ministry of Youth and Sports. The money had
amounted to N1,647,000.
When they charges were read to them, Abdullahi did not waste the
time of the court as he immediately pleaded “guilty”, but his
accomplice pleaded “not guilty”.
In view of Abdullahi’s plea, Justice Bwari convicted him of the
charges.
Munir Isa, counsel for Abdullahi, however, urged the court to
temper justice with mercy, pleading that his client “was a first
time offender who has diligently served this nation”, and urged the
court to consider his state of health, as he was “aged and
blind”.
Prosecuting counsel, Ijeabalum Diribe, however urged the court
to pronounce the maximum sentence on the defendant, having admitted
committing the offence.
The trial judge, thereafter, sentenced Abdullahi to two years in
jail with an option of N300,000 as fine.
With the “not guilty” plea of Gulu, the prosecution urged that
his trial commence.
Counsel for Gulu, H.A. Yabagi, however, approached the court
with bail application of his client, citing section 36(5) of the
1999 Constitution as amended and section 340 of the Criminal Penal
Code of Niger State.
“I urge the court to grant bail to the second defendant pending
the determination of the substantive suit,” he said, arguing
further that the offence was a bailable one.
While not opposing the application for bail, Diribe, urged the
court “to exercise its discretion in such a manner that will ensure
the availability of the defendant to stand trial”.
Justice Bwari, thereafter, granted bail to Gulu in the sum of
N500,000 with two sureties in like sum. The sureties must be
resident in Minna, and must have landed properties.
The case has been adjourned to November 21, 2018 for
“commencement of trial”.
Tony Orilade,
Ag. Head, Media & Publicity
14th November, 2018