EFCC
Two Illegal Gold
EFCC
Two Illegal Gold Dealers Forfeit N39m,
Property
The Economic and Financial Crimes Commission, EFCC, on Tuesday,
May 14, 2019, secured the conviction of two illegal gold dealers,
Bukar Mandara Zarami, Managing Director, Bukar Mandara Zarami
Limited, and Kar Nap Fenan Wuyep before Justice Muslim S. Hassan of
the Federal High Court sitting in Ikoyi, Lagos.
The convicts alongside a company, Bukar Mandara Zarami Limited,
were re-arraigned today on an amended two -count charge bordering
on possession of 35.58 kilogrammes of Gold Bars wrapped in six bags
without appropriate permit.
Count one reads: “That you, Bukar Mandara Zarami, on or about
the 9th day of November, 2018 in Nigeria, within the jurisdiction
of this Honourable Court, dealt in 35.58 kilogrammes of gold bars
wrapped in six bags without appropriate permit; and you, therefore,
committed an offence contrary to and punishable under Section
134(c) of the Nigerian Mineral and Mining Act, 2007.”
“Count two reads: “That you, “Kar Nap Fenan Wuyep, on or about
the 22nd day of May, 2018 in Nigeria, within the jurisdiction of
this Honourable Court , without going through any financial
institution, accepted cash payment of the sum of $19,440(Nineteen
Thousand , Four Hundred and Forty United States Dollars), from one
Bakkkuk Steven Goyol, which sum exceeded the amount authorized by
the Law; and, you hereby committed an offence contrary to Section
1)(a), Section 16(1) (d) of the Money Laundering Prohibition Act
2011 as Amended and punishable under Section 16(2)(b) of the same
Act.”
The defendants pleaded guilty to the charge preferred against
them.
In view of their plea, the prosecution counsel, Rotimi Oyedepo,
sought the leave of the court to review the facts of the case.
Oyedepo informed the court that the first defendant, Zarami, was
arrested at the Murtala Mohammed International Airport, Ikeja,
Lagos on November 11, 2018 with 35.58 kilogrammes of Gold Bars
wrapped in six bags.
He further stated that “He was brought to the Lagos Zonal office
of the Economic and Financial Crimes Commission, EFCC, where the
gold bars were measured and counted in the presence of the first
defendant, his counsel, a representative from the Ministry of Mines
and Steel. All parties present signed the measurements
document.”
The prosecution sought to tender in evidence the signed
measurement document and the first defendant’s boarding pass.
Both the document and the boarding pass of the first defendant
were admitted in evidence as exhibits P1 and P2.
The prosecution counsel further told the court that
investigations revealed that the first and second defendants did
not have the appropriate permit to possess or deal in 35.58kg of
gold.
Oyedepo also told the court that, though the first defendant, in
his statement to the EFCC, stated that he gave an official of the
Ministry, Steven Bakkuk, about N3, 000,000 (Three Million Naira) as
royalty, investigation showed that the actual amount he was
supposed to pay as royalty was N6, 772, 64,16k (Six Million, Seven
Hundred and Seventy -two Thousand, Sixty- four Naira, Sixteen
Kobo).
Oyedepo said: “This shows clearly that there was no appropriate
permit for that quantity of Gold Bars.
“Investigation further revealed that instead of the official
from the Ministry, who received the money from the first defendant,
to put the funds in the treasury, he transferred the sum of
N700,000.00 (Seven Hundred Thousand Naira) to the third defendant,
who is a Director in the Ministry of Mines and Steel.
“This led to further investigation into the account of Bakkuk,
whose account was used for transfers of unlawful enrichment.
“It was discovered that about N28m in tranches was sent to the
third defendant.
“On May 22, 2018, the sum of $19,440 (Nineteen Thousand, Four
Hundred and Forty United States Dollars) in cash was given to the
third defendant, which is in excess of the amount authorized by Law
to be received in cash and it constitutes an offence against Money
Laundering Act 2011.”
The prosecution sought to tender the statement of account of
Bakkuk in United Bank for Africa, UBA, and the statements of both
the first and third defendants.
The documents were admitted in evidence as exhibits P3, P4 and
P5, respectively.
The prosecution counsel also informed the court that the
defendants had entered a plea bargain with the prosecution, saying,
“The first defendant has issued a cheque of N3, 000,000 (Three
Million Naira) in favour of the Federal Government as one of the
terms agreed upon in the plea bargain.
“The first defendant, as part of the plea bargain, also agreed
to forfeit the undeclared 5.5 kilogrammes of Gold Bars to the
Federal Government.
“It was also agreed that the EFCC, in conjunction with the
Deputy Chief Registrar of this Honorable Court, would facilitate
the sale of the forfeited Gold Bars and the proceeds will be
remitted into the Consolidated Revenue Funds Account of the Federal
Government of Nigeria.”
“Third defendant, in the plea bargain, agreed to pay a fine of
N10, 000,000.00 (Ten Million Naira) and forfeit the recovered
Access Bank drafts to the tune of N36, 000, 00 (Thirty-six Million
Naira).
In view of their guilty plea, the prosecution counsel, Oyedepo,
urged the court to convict the defendants on the amended charge and
prayed the court to sentence them to the terms agreed in the plea
bargain.
Justice Hassan, while considering the terms of the plea bargain,
convicted the defendants and further held that “the plea bargain is
made the judgment of the court.”
Tony Orilade
Ag. Head, Media & Publicity