EFCC
Grass Cutting Scandal:
EFCC
Grass Cutting Scandal: EFCC Presents Witness Against
Babachir Lawal
The Economic and Financial Crimes Commission, EFCC, on
Wednesday, May 23, 2019, presented its first witness, Hamza Adamu
Buwai, as the Commission opened its case in the ongoing trial
against the former Secretary to the Government of the Federation,
SGF, Babachir Lawal, and three others, before Justice Jude Okeke of
a Federal Capital Territory, FCT, High Court, Maitama Abuja.
Lawal along with his younger brother, Hamidu David Lawal;
Suleiman Abubakar; Apeh John Monday and two companies: Rholavision
Engineering Ltd., and Josmon Technologies Ltd, were re-arraigned on
an amended 10-count charge bordering on fraud, diversion of funds
and criminal conspiracy to the tune of over N500 Million (Five
Hundred Million Naira) only.
At the resumed hearing, the witness, a civil servant with the
Federal Ministry of Industry, Trade and Investment, Buwai, who was
the Head of Finance, Presidential Initiative For North East, PINE,
attached to the Office of the Secretary to the Government of the
Federation, OSGF, told the court that he was responsible for all
payments made by PINE to contractors, consultants and staff
payments.
According to him, Rholavision Engineering Ltd was the consultant
for the removal of invasive plant species irrigation programme and
construction of water gates along the River Kamadugu Yobe River,
which is about 250km but awarded the contract to Josmon
Technologies for the alleged clearance of the invasive plant
species and the irrigation programme.
The witness further narrated to the court how he knew the companies
adding that after the approval of the procurement process to the
companies, that the Consultant, Rholavision took the contractors,
Josmon Technologies Ltd; to the site of the project, were they
commenced work.
Buwai stated that when the project was almost completed,
Rholavision issued Coalition Certificate to the government
demanding for payment for the 95% of the job done, which was
submitted to him, as the Accountant for payment.
He explained that the documents in the official file for
payment, includes Certificate of Corporation, Tax Clearance of the
Companies, Registration of the companies with Bureau for Public
Procurement, BPP, PENCOM Certificate, Industrial Training Fund
Registration and letter for the award of contract.
According to him, after verifying the documents, he requested
that payment be made to company after the approval by the Permanent
Secretary, Special Services, in the office of the National Security
Adviser, NSA, which is under the office of the Secretary to the
Government of the Federation.
The witness further told the court that the contract was valued
at about N272, 500,000 (Two Hundred and Seventy Two Million, Five
Hundred Thousand Naira), only adding that it was based on the 95
per cent conclusion agreement that the companies were paid the sum
of N258, 000,000 (Two Hundred and Fifty Eight Million Naira) but
based on the paucity of funds at the that time, they were paid
N225, 000,000 (Two Hundred and Twenty Five Million Naira) only.
Explaining further, Buwai told the court the different processes
that the payment vouchers go through before payment are made adding
that the payment went to the bank account of Josmon Technolgies
Ltd., stressing that payment of the consultants was based on the
performance of the contactors.
He said after the evaluation of the performance of the
contractors, the consultant, Rholavision Engineering Ltd, was paid
50 percent of their fees, which was around N3.5 million (Three
Million, Five Hundred Thousand Naira), only for consultancy fee
which he claimed was at 2.5 percent of the total money and that the
payment voucher was raised for the payment, which also went through
the due process of the government.
However, the Prosecution counsel, Offem Uket, prayed the court
to tender the payment vouchers raised in the name of Rholavisio
Engineering Ltd and Josmon Technologies Ltd with the attached
documents.
But counsel to the fifth defendant, Joseph Uzor, opposed the
admissibility of the document, alleging that some of the documents
were not the original copies, adding that they are public documents
and required to fulfil section 104 of the Evidence Act.
The prosecution counsel, however, told the court that the
documents are original adding that the documents being referred to;
are attached to the payment vouchers, which is also the original,
explaining that the said section 104, does not apply to this, as it
is a single document in its whole form.
Justice Okeke after listening to the arguments said he is minded
to give a considered ruling as similar objections may arise and
adjourned the case for a considered ruling to June 17 and 18, 2019,
for ruling and continuation of trial.
Tony Orilade
Ag. Head, Media & Publicity
………
Former NIMASA DG Convicted over N136million Fraud
The Economic and Financial Crimes Commission, EFCC, on Thursday,
May 23, 2019, secured the conviction of a former acting
Director-General, Nigerian Maritime Administration and Safety
Agency, NIMASA, Callistus Obi. Also convicted was Alu Dimas, an
aide to Patrick Akpobolokemi, a former Director-General of NIMASA.
They were convicted by Justice Mojisola Olatoregun of the Federal
High Court sitting in Ikoyi.
The convicts were arraigned alongside two companies, Grand Pact
Limited and Global Sea Investment, on April 12, 2016 on an
eight-count charge bordering on conspiracy, conversion, and money
laundering to the tune of N136million (One Hundred and Thirty Six
Million Naira).
The prosecution proved that the convicts converted the sum of
money, N136million, belonging to the Agency to their personal use
on August 5, 2014.
One of the counts reads: “That you, Callistus Nwabueze Obi and
Dismas Alu Adoon, on or about the 5th day of August 2014, in Lagos
within the jurisdiction of this Honourable Court, did conspire
amongst yourselves to commit an offence to wit: Conversion of the
sums of N111, 000, 000.00 (One Hundred and Eleven Million naira)
property of NIMASA, knowing that the said sums were proceeds of
stealing, and thereby commited an offence.”
The defendants pleaded not guilty to the charge preferred
against them, thereby leading to their trial.
In the cause of the trial, the prosecution called eight
witnesses and tendered several documents, which were admitted in
evidence by the court.
At the resumed hearing today, Justice Olatoregun discharged and
acquitted the defendants of the charge of conspiracy preferred
against them.
The Judge, however, convicted them of conversion and money
laundering.
The Judge said: “The prosecution has proved the charges preferred
against you beyond reasonable doubt with evident conversion and
money laundering of N136million”.
Justice Olatoregun, however, deferred sentencing to May 28, 2019
and ordered that the convicts be remanded in prison custody.
Tony Orilade
Ag. Head, Media & Publicity
May 23, 2019