EFCC Drags Maurice Iwu To Court Over N1.2 Billion Fraud – TheNigerialawyer

The Economic and Financial Crimes Commission is set to arraign a
former chairman of the Independent National Electoral Commission,
Prof. Maurice Iwu, for alleged N1.2bn fraud and money
laundering.

Iwu will be arraigned at a Federal High Court sitting in Lagos
on four counts bordering on money laundering.

The EFCC acting spokesperson, Tony Orilade, confirmed the
planned arraignment on Wednesday, but he did not disclose when the
former INEC chairman would appear in court.

Iwu was alleged to have, between December 2014 and March 2015,
concealed N1.2bn in the bank account of Bioresources Institute of
Nigeria Ltd domiciled in the United Bank for Africa Plc.

The money was believed to be part of the N23.29b slush fund
allegedly shared by former petroleum minister, Diezani
Allison-Madueke, to influence the outcome of the 2015 presidential
elections.

Iwu was fingered as one of the beneficiaries of the fund,
including some INEC officials who are facing trial.

An umbrella organisation for over 150 anti-graft groups, the
Civil Society Network Against Corruption, had earlier asked the
EFCC to investigate and prosecute the ex-INEC boss, Resident
Electoral Commissioners and Administrative Secretaries who took
bribes during the 2015 general polls.

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Justice Archibong Sends Archibong to Jail over N28m
Fraud

Justice Archibong Archibong of the Akwa Ibom State High Court
sitting in Uyo, on Wednesday, August 7, 2019, convicted and
sentenced Archibong Effiong Edem to seven years imprisonment over
N28, 234, 735 fraud.

The convict was arraigned by the Port Harcourt’s Zonal office of
the Economic and Financial Crimes Commission, EFCC, at a Rivers
State High Court sitting in Port Harcourt, on two-count charges
bordering on obtaining by false pretence. The case was later
transferred to an Akwa Ibom State High court, Uyo owing to issues
of jurisdiction.

Edem’s journey to jail began when a petitioner, Godwin Utumude,
alleged that sometime in 2004, in the United States of America, he
met the convict who showed him a property in Texas that was up for
sale.

According to the petitioner, the prize of the said property was
initially $218,000 (Two Hundred and Eighteen Thousand Dollars), but
the convict eventually agreed to sell at $200,000 (Two Hundred
Thousand Dollars) which was an equivalent of N28, 234, 735 (Twenty
Eight Million Two Hundred and Thirty Four Thousand Seven Hundred
and Thirty Five Naira) at the time, and on September 1, 2004, he
paid N20million to the convict who assured him that by December
2004, all documents regarding change of ownership of the said
property would be handed over to him.

To ensure that the necessary change of ownership was perfected,
the petitioner said the convict further requested the balance
payment of N8,234,735 which he made on January 17, 2015.

All efforts by the petitioner to get the said documents proved
abortive, hence the petition.

In the course of trial, the Commission called three witnesses:
Godwin Utumude, the petitioner (PW1); Michael Adukwu, an operative
of the EFCC (PW2) and Chukwuma Ekezie Amadi, Deputy Compliance
Officer, Zenith Bank (PW3).

The EFCC also tendered several documents which were all admitted
in evidence.

The documents comprised: A copy of the petition dated November
22, 2016 as exhibit A; a cover page of a document showing the
picture of a building as exhibit B; Pages 1 and 2 of a document
also showing the building as exhibit B1; Pages 3, 4 and 5 of a
document titled: “Seller Disclosure Notice” as exhibit B2, amongst
others.

Delivering judgement, the court noted that the prosecution had
overwhelmingly established a case of obtaining by false pretence
against the defendant through the evidences tendered before the
court by the three witnesses.

Justice Archibong said that: “The prosecution has satisfactorily
proved his case beyond reasonable doubt against the accused person
to warrant his conviction in counts 1 and 2 of the charge against
him. The defendant is hereby found guilty as charged and is
accordingly convicted on counts 1 and 2 of the charge”.

Before the convict was sentenced, the judge asked him if he had
anything to say.

The convict, without showing any remorse, maintained that he
never admitted to have collected the said amount: “it is not true
that I admitted under cross examination that I collected N28million
from the petitioner. I have always told him that I will pay him his
money and I will do so if permitted”, he said.

At this point, the defence counsel, S. A. Ngbe, prayed the court
to tamper justice with mercy on age and health grounds, “consider
his age and ailing health. My lord, he is over 70 years of age”, he
pleaded.

The court immediately sentenced Edem to 7years imprisonment on
each of the two counts without an option of fine. The sentence runs
concurrently from the date of his conviction.

Justice Archibong also ordered the convict to restitute by
paying the petitioner the entire sum which is N28, 234, 735.00.

Tony Orilade
Ag. Head, Media & Publicity