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$6bn Mambilla Contract: Appeal Court suspends judgment barring EFCC from Probing Leno Adesanya

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The Court of Appeal in Abuja has stayed the execution of a Federal High Court judgment which barred the Economic and Financial Crimes Commission (EFCC) from investigating Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, over criminal allegations related to the $6 billion Mambilla hydropower contract.

 

The appeal court delivered the verdict on Thursday in an application for stay filed by the Attorney General of the Federation’s counsel, T.A. Gazali SAN.

 

We had previously reported that Justice Inyang Ekwo of the trial court had ordered the EFCC to immediately remove Leno Adesanya, the promoter of Sunrise Power and Transmission Ltd, from its wanted list in connection with any criminal allegations related to the $6 billion Mambilla hydropower contract.

 

 

Justice Ekwo issued the judgment on Monday, September 23, 2024, in a suit filed by Adesanya’s lawyer, M.S. Diri SAN, against the EFCC, the Federal Ministry of Power and Steel, the Federal Government of Nigeria, and the Attorney General of the Federation.

 

The EFCC had declared Adesanya wanted for “an alleged case of conspiracy and corrupt offer to public officers” related to the Mambilla project.

 

 

However, the applicant’s lawyer, Diri, sought a perpetual injunction restraining the EFCC from further investigating, inviting, or publishing his client’s name as a wanted person over the Mambilla Hydroelectric Power Project, citing a pending case at the International Chamber of Commerce Court of Arbitration in Paris.

 

What Transpired at the Trial Court

During the proceedings at the lower court, Adesanya’s lawyer asked the court to determine the propriety of the EFCC’s powers to investigate the commercial transaction between his client, the federal government, and the Ministry of Power.

 

Diri argued that Adesanya, seeking to ensure sustainable power in Nigeria, proposed constructing the Mambilla Hydroelectric Project through Sunrise as the special purpose vehicle to drive the project.

He noted that Sunrise and its Chinese partners, North China Power and China Hydroelectric companies, held various meetings in China with three Power Ministers regarding the Zungeru and Mambilla projects.

He submitted that in 2005 and 2006, ex-President Obasanjo approved financial negotiations for the project, but to date, no funds have been disbursed by the federal government to the plaintiffs regarding the contract.

He said that in an effort to amicably resolve the issues concerning the project, the company wrote letters to the Ministry of Power, leading to meetings between his clients and the executive branch of government.

He added that by a letter dated April 22, 2020, rather than honoring the agreement, the federal government wrote through the Attorney General seeking a review of the terms.

 

 

He stated that arbitral proceedings had been scheduled for a virtual hearing on March 22, 2024, on the issue. However, despite the pending case, the federal government and its security agencies, including the EFCC, have sought to criminalize and scandalize the Mambilla Project, aiming to evade their legal contractual obligations.

 

In response, the EFCC legal team argued that evidence of criminal activity was established against the plaintiffs during the investigation, leading to charges being framed in a high court.

The EFCC also denied being used by the federal government or any other entity to witch-hunt or intimidate the plaintiffs, emphasizing that the investigation and prosecution are related to the contractual award for the Mambilla project, which lacked Presidential and Federal Executive Council approval.

 

 

Justice Ekwo, in his judgment, held that since the Ministry of Power had contested the claims of the plaintiffs and had counterclaimed against them at the International Chamber of Commerce Court of Arbitration, the sanctity of the arbitral proceedings must be respected and protected.

The judge further held that regarding the EFCC’s publication of the name and photograph of the first plaintiff as a “wanted person” on its website, he did not find any valid defense from the agency.

He subsequently declared that the EFCC is not legally entitled to investigate, resolve, or prosecute the contractual dispute between Sunrise and the Ministry of Power and the Federal Government, which is pending before the International Chamber of Commerce Court of Arbitration in Paris, under ICC Case Reference No. 26260/SPN/AB/CPB.

 

 

However, the Attorney General of the Federation (AGF) appealed the judgment and also requested that the court stay execution of the judgment, arguing that irreparable damage would occur if the trial judgment is executed before the determination of the pending appeal challenging the jurisdiction of the Federal High Court to determine the suit.

 

What the Appeal Court Said

Passing its verdict on Thursday, a three-member panel of the appeal court, led by Justice Joseph Oyewole, upheld the AGF’s submission about the potential damage occurring if the judgment is not stayed.

 

Oyewole dismissed Adesanya and his firm’s claim that the application was an abuse of court process.

He agreed that the balance of convenience was in favor of granting the relief sought in the motion for stay.

 

 

He subsequently stayed the execution of the September 23 judgment pending the determination of the pending appeal filed by the AGF.

 

What You Should Know

The EFCC is prosecuting Olu Agunloye, a former Minister of Power and Steel, in separate court proceedings regarding the alleged $6 billion Mambilla hydropower contract.

 

The EFCC alleges that Agunloye “corruptly received the sum of N3,600,000.00” through his Guaranty Trust Bank account no. 0022530926 from Sunrise Power and Transmission Company Limited (SPTCL) and Leno Adesanya for approving the Mambilla Hydroelectric Power Station project.

 

 

 

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EFCC Bursts Syndicate of 792 Cryptocurrency Investment, Romance Fraud Suspects in Lagos … Arrests 193 Chinese, Arabs, Filipinos, Others

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The Executive Chairman  of the Economic and Financial Crimes Commission, EFCC, Ola Olukoyede, has  disclosed that the Commission, in a landmark raid,  arrested 792 suspects  for their alleged involvement in cryptocurrency investment fraud and romance scam.

The  suspects were apprehended on Tuesday, December 10, 2024, in a surprise operation at their hideout, an imposing seven-storey edifice known as Big Leaf Building, on No.7, Oyin Jolayemi Street, Victoria Island, Lagos , following verifiable intelligence received by the Commission.

Speaking during a media briefing on Monday, December 16, 2024,   at the Lagos  Zonal Directorate of the Commission, Olukoyede stated that  148 Chinese, 40 Filipinos, two Kharzartans, one Pakistani, one Indonesian were arrested during the operation.

The EFCC’s boss,  who spoke though the Director, Public Affairs, EFCC, Commander of the EFCC,  CEWilson Uwujaren, further stated that the  foreign nationals used the facility, which could be mistaken for a corporate headquarters of a financial establishment, to train their Nigerian accomplices on how to initiate romance and investment scams and also used the identities of their Nigerian accomplices to perpetrate their criminal activities.

According to him, “All the floors are equipped with high-end desktop computers. On the 5th floor alone, investigators recovered 500 SIM cards of local telcos that were bought for criminal purposes.

“ Their Nigerian accomplices were recruited by the foreign kingpins to prospect for victims online through phishing, targeting mostly Americans, Canadians, Mexicans, and several others from European countries.

“They usually arm them with desktop computers and mobile devices and create fake profiles for them.

“The Nigerian accomplices are equally provided with logs that allow them access to foreign communication lines and victims, which they chat with on WhatsApp, Instagram and Telegram.”

While giving  further details about the modus operandi of the syndicate, the EFCC Chair said the Nigerian accomplices, who are assigned WhatsApp accounts linked to foreign telephone numbers, especially from Germany and Italy, engage victims in romantic conversations as well as phantom business and investment discussions to trick them to shop on the purported online investment shopping platform called www.yooto.com.

He added: “For those who show interest, activation fees for an account on the platform starts from $35USD.

“Investigation revealed that the criterion for recruiting these young Nigerians is proficiency in the use of computers, especially typing skill. Those who passed the test are given desktop computers and mobile devices and then taken through a two-week induction on how to personate foreign females in romance scam chats and convince victims to invest in their employers’ cryptocurrency investment scam.

“Once the Nigerians are able to win the confidence of would-be victims, the foreigners would take over the actual task of defrauding the victims and proceed to block their Nigerian accomplices from the network. This would then leave them in the dark about the transaction.”

He, however, said the Nigerians involved in the alleged fraudulent activities “do not know the owners of the ‘company’ they work for because they are not offered letters of appointments or receive payment from a corporate account.”

According to him, the  suspected Nigerian accomplices are usually paid either in cash or through an individual’s account.

Olukoyede said the Commission was working with its foregoing partners to establish the extent of the scam and the accomplices as well as the likelihood of any collaboration with organized international fraud cells.

The EFCC Chair also used the occasion to debunk the notion that Nigerians are behind the tonnes of frauds emanating from the country.

“Foreigners are taking advantage of our nation’s unfortunate reputation as a haven of frauds to establish a foothold here to disguise their atrocious criminal enterprises. But, as this operation has shown, there will be no hiding places for criminals in Nigeria,”he said.

Also speaking during the occasion , the acting Zonal Director, Lagos Zonal Directorate of the Commission, Michael Wetkas, sought greater collaboration with the media in the fight against  corruption and economic and financial crimes.

Items recovered from the suspects include desktop computers, mobile phones, laptop computers and cars at the point of arrest.

The suspects will be charged to court after investigations are concluded.

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Kogi Governor Ododo Allegedly Spends N400million To Build ‘Intruders Gate’, Another N439million To Produce Staff Of Office For Chiefs

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About N400million was spent by the Governor Usman Ododo’s administration in Kogi State for the construction of what was tagged “Intruders gate”, a copy of the 2024 state budget performance report obtained by SaharaReporters has revealed.

An intruders gate, also known as a security gate or anti-climb gate, is a type of gate designed to prevent unauthorised access to a property, building, or restricted area.

The primary purpose of such gate is to provide an additional layer of security and protection against potential intruders.

The budget document seen by SaharaReporters showed that the Governor Ododo-led government had in the last 9 months spent N398,817,976.33 on “intruders gate instead of the N100,00,000 appropriated and approved in the 2024 budget by the Kogi State House of Assembly.

This suggested that N298,817,976.33 was allegedly illegally spent above the budget ceiling on such gate.

However, where the gate was mounted by the government wasn’t disclosed in the document.

A further check on the report revealed that N439,500,000.00 has so far been spent in 2024 for the “production of customised staff of office for graded chiefs” in the state.

These spendings are coming at a time when residents of the state like other Nigerians are going through a spike in cost of living, hardship and hunger.

Earlier, SaharaReporters reported how the Ododo-led government spent N2.9billion for the Government House minor capital works and remodelling government house between January and September 2024.

The review showed that while the state budgeted N100 million for government house minor capital works, it has ended up spending N784 million within nine months.

Also while the government budgeted N962million for remodeling government house structure, it has spent N2.2 billion within nine months.

The review further showed that based on the details published by the state government, it has continued to overshoot budgetary allocations.

For instance, N50million was budgeted for renovation of Speakers’, honourable members residential quarters, within nine months however N58.7 million was spent.

Renovation of honourable speaker and deputy speakers lodge stood at a budgeted amount of N50 million , however N52 million was spent within nine months.

Maintenance of the Secretary to the State Government’s official residence and landscaping stood at a budget of N10million, however within nine months N13.8million was spent.

Construction of Mosque and Chapel in the government house was budgeted at N25 million, however the state spent N86.4 million within nine months.

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Audit report reveals CBN’s non-disclosure of $40.23bn in reserves, policy violations under Emefiele’s tenure

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The Central Bank of Nigeria (CBN) failed to disclose details of the nation’s external reserves, valued at $40.23 billion, in its 2021 financial year report, as stated in the latest findings from the Office of the Auditor General of the Federation.

The 2021 audit report, released in December 2024, further exposed violations of internal policies on dollar time deposits by the CBN under the leadership of Godwin Emefiele.

Emefiele, whose tenure as CBN governor ended in June 2023, is currently facing charges by the Economic and Financial Crimes Commission (EFCC) at the High Court of the Federal Capital Territory, Abuja.

The EFCC accuses him of obtaining $6.2 million under false pretenses, using a forged letter purportedly from the Secretary to the Government of the Federation dated January 26, 2023.

The letter allegedly requested a contingent logistics advance from the CBN, which Emefiele falsely claimed was authorized by the president.

The audit also scrutinized the CBN’s adherence to its revised Investment Policy, raising additional concerns about financial management during the period under review.

“For the year 2021 financial year, the Bank failed to publish the position amounting to US$40,230,803,228.80 of the country’s external reserves to the public,” the report stated.

The report further noted that there was no waiver or new policy introduced during the period that could explain the non-disclosure of the external reserves.

It attributed the failure to weaknesses in the internal control systems at the Central Bank of Nigeria (CBN).

The report also pointed out that this lack of transparency violated Article 15(v) of the CBN’s revised Investment Policy, which mandates the Bank to define the content, form, and frequency of reports on external reserves to ensure transparency.

The Auditor General expressed concerns about the significant risks associated with this breach, including a lack of accountability, diminished transparency, and potential harm to Nigeria’s economic credibility.

The report cautioned that foreign investors are not sufficiently informed about the country’s economic status, which could undermine investor confidence.

In response to the audit query, the management of the Central Bank of Nigeria (CBN) stated that “information on the external reserves position is available to members of the public on the Bank’s website under the Reserve Management tab.”

The report also mentioned that the Central Bank’s Monetary Policy Committee (MPC), which convenes every two months, provides updates on the reserves.

However, the Auditor General’s assessment concluded that the bank’s response did not effectively address the fundamental issue at hand.

“The response from the Management failed to address the issue raised,” the report said, maintaining that its findings remain valid.

The Auditor General’s report recommended that the CBN governor be summoned before the National Assembly’s Public Accounts Committees to explain the failure to publish the reserves.

It also called for potential sanctions under the Financial Regulations Act of 2009, citing serious misconduct.

Additionally, the report suggested that “sanctions relating to gross misconduct prescribed in paragraph 3129 of the Financial Regulations 2009, should apply.”

The audit also uncovered a violation of the Central Bank of Nigeria’s (CBN) Money Market Policy, in addition to the non-publication of reserves figures. It revealed that a $26.05 million dollar time deposit exceeded the mandated maximum maturity period of three months, rolling over for five months without the required waivers.

This deposit, made on October 21, 2021, matured on March 21, 2022, in direct contravention of internal policies designed to manage liquidity and credit risks.

The Auditor-General attributed this breach to weaknesses in the CBN’s internal control systems.

In its defense, the central bank argued that its policies allow for extensions of up to one year for specific transactions, asserting that the dollar deposit was in compliance with these provisions.

However, the Auditor-General rejected this explanation, pointing to insufficient evidence to support the bank’s claims.

The report recommended that the CBN governor appear before the Public Accounts Committees of the National Assembly to justify both the failure to publish reserves and the extension of the dollar deposit’s maturity.

Additionally, it called for sanctions against the CBN under the Financial Regulations Act of 2009 for gross misconduct.

“The CBN Governor should be requested to: Furnish the Public Accounts Committees of the National Assembly with the evidence of approval to extend the maximum maturity period of US$26,051,039.29 deposit of the CBN for five months instead of three months, and Otherwise, sanctions relating to gross misconduct prescribed in paragraph 3129 of the Financial Regulations 2009, should apply,” it said.

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