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Alleged $6 billion Fraud: AGF did not give EFCC fiat to prosecute me, says ex-minister Agunloye

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Former Power Minister Olu Agunloye on Thursday told the Apo Division of the FCT High Court that the attorney general of the federation did not give the Economic and Financial Crimes Commission (EFCC) the fiat to prosecute him.

EFCC is prosecuting Mr Agunloye, who served as a minister in the administration of former President Olusegun Obasanjo, on infractions regarding the Mambilla power plant.

The suit, marked FCT/HC/CR/617/22, is before Justice Jude Onwuegbuzie of the Mapo Division of the FCT High Court, Abuja.

The former minister was charged with a seven-count charge bordering on forgery, disobedience of presidential order and corruption.

He was alleged to have, among others, on May 22, 2003, awarded a contract titled “Construction of 3,960-megawatt Mambilla Hydroelectric Power Station on build, operate and transfer basis to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.”

The prosecution also alleged that it traced some suspicious payments from Sunrise Power and Transmission Company Limited to the former minister’s accounts. The defendant, however, pleaded not guilty to the charge preferred against him.

At the resumed hearing of the case, he moved his motion seeking the leave of the court to allow some legal luminaries to participate in the hearing of his preliminary objection against the EFCC.

The former minister, through his counsel, Adeola Adedipe SAN, told the court that, contrary to constitutional provisions, the AGF did not give the EFCC the fiat to investigate and institute proceedings in the case against him.

Mr Adedipe cited section 174 of the 1999 Constitution (as amended). He told the court that instead of getting such fiat from the AGF, EFCC got it from the solicitor-general of the federation.

He urged the court to take judicial notice under section 124 of the Evidence Act.

Mr Adedipe informed the court that the current AGF, Lateef Fagbemi, SAN, was sworn in on August 21, 2023, while the prosecution filed the charge against Mr Agunloye on September 7, 2023.

“The AGF did not give the EFCC fiat for the investigation. It was the solicitor-general of the federation who gave the EFCC fiat when he did not have such power under section 174 of the constitution (as amended); it is the exclusive reserve of the AGF (to do so).

“Granting the application to allow amici curiae (friends of the court), including the AGF; the president, Nigerian Bar Association (NBA), Yakubu Maikyau SAN; a former Minister of Justice, Chief Kanu Agabi SAN and a former NBA president, Joseph Daudu SAN to participate in the hearing of the said preliminary objection would not prejudice the court or EFCC,” he said.

It was curious, he said, that the commission did not want its principal, the AGF, to give support to the court in the application of justice.

He added that the reason for this was very clear since the anti-graft agency did not get his (AGF) fiat.

He told the court that since assuming office, the AGF had been giving directives that all corruption-related cases against public officers should be investigated by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Mr Adedipe said this was in line with the decision of the Supreme Court in Nwobike vs FRN that delimits the power of EFCC to financial crimes alone.

Therefore, he urged the court to grant the application, saying that the prosecution was aware that the court had the power to grant it, which was why it did not want the court to grant it.

Responding, the prosecution counsel, Abba Mohammed, said the Supreme Court decided in FRN vs Osahor and others that the AGF’s power under section 174 of the constitution is not exclusive to him.

According to him, this implies that other authorities can initiate criminal proceedings in court. He added that in the instance case, the AGF did not complain that the EFCC usurped his power.

Mr Mohammed added that the Appeal Court had decided in Audu vs FRN that EFCC can prosecute offenders under the ICPC Act.

He urged the court to take judicial notice that the solicitor-general of the federation, who signed the fiat to prosecute the defendant, was the acting AGF as of August 8, 2023, as there was no substantive AGF then.

He said that at the last sitting in the case, the court did not raise any doubt that it could determine the defendant’s preliminary objection and, as such, did not express any need to invite any amici curiae.

The prosecution counsel urged the court to decline to grant the application as prayed by the defendant.

He submitted that the Supreme Court had clearly stated the situations under which the court can exercise its discretion in allowing amici curiae, which he said was only when the court was in doubt.

After listening to the parties’ submissions, Justice Jude Onwuegbuzie adjourned until April 15 to rule on the application.

(NAN)

Society

Oniru confers chieftaincy titles on Smith, Idowu, Olorunnimbe, Akintoye others

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The Oniru of Iru-land, His Royal Majesty Oba Abdul-Wasiu Omogbolahan Lawal CON [Abisogun II] has announced the conferment of honourary chieftaincy titles on eminent and distinguished citizens of Nigeria.

 

The revered monarch unveiled the shortlist of recipients as part of activities to mark the fifth anniversary of his peaceful reign on the revered throne.

 

Among the esteemed honourees are Iya Oba of Iru Kingdom – Chief (Mrs) Basira Titilayo Smith, Aare Majeobaje of Iru Kingdom – Chief Adeyemi Idowu, Aare So’ludero ofIru Kingdom- Chief Muyiwa Gbadegesin, Ph.D and Erelu Asa of Iru Kingdom – Chief (Mrs) Bolane Austen-Peters, Aare Fiwagboye of Iru Kingdom – Chief Lukman Olayiwola Mustapha, Asoju Oba of Iru Kingdom- Chief Idris Ibikunle Olorunnimbe and Ajiroba ofIru-Kingdom- Chief Adegboyega Hakeem Akintoye.

 

While extending congratulations to the distinguished honourees on behalf of His Majesty and the Oniru-in-Council, High Chief Abayomi Daramola, Balogun of Iru-Land, in a statement revealed that the conferment of titles will be performed on 14th June, 2025 at the palace (Aafin Oba Oniru), Victoria Island, Lagos.

 

The statement read in part, “to mark the fifth-year anniversary of his ascension to the revered throne of his forebears as the 15th Oniru of Iru-land and after a rigorous selection process, His Royal Majesty Oba Abdul-Wasiu Omogbolahan Lawal CON [Abisogun II] – The Oniru of Iru-land upon the recommendation of the Oniru-in-Council, has issued a Royal Decree approving the conferment of respective honouray Chieftaincy titles on the underlisted eminent and distinguished citizens.”

 

 

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‘Not My Property’ – Ex-Petroleum Minister, Diezani Exposes Owner Of Recovered $52.8 Million Loot

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Nigeria’s former Minister of Petroleum Resources, Diezani Alison-Madueke, has clarified that she is not connected to the $52.5 million that was recently brought back to the country from the United States of America (USA).

Society Reporters recalls that the federal government on Friday, January 10, announced the receipt of $52.88 million in recovered Galactica assets linked to the former Minister of Petroleum.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, announced the recovery during a formal signing ceremony of the asset return agreement in Abuja.

Fagbemi explained that $50 million of the recovered funds would be channelled through the World Bank for the development of rural electrification projects.

The remaining $2.88 million, he added, would be allocated to the International Institute of Justice to enhance the justice system and support anti-corruption initiatives.

However, in a statement issued on Sunday, Diezani, who has been residing in the United Kingdom (UK) since departing from Nigeria, asserted that the funds associated with her in the media as illicit gains actually belonged to Nigeria’s oil entrepreneur, Kola Aluko.

Finally responding to the alleged recovery through her attorney, Mike Ozekhome SAN, Diezani maintained that the term “Diezani Loot” is unfounded, as she had no involvement in the circumstances surrounding the forfeiture of the funds by its rightful owner.

Expressing her stance, the former minister stated that the $52.5 million originated from a vessel that was confiscated by the American authorities from Kola Aluko, which was subsequently sold, with the proceeds returned to the Nigerian federal government.

Her disavowal of ownership over the funds was detailed in an extensive press release issued on Sunday by the Chambers of Mike Ozekhome SAN, titled “There is no such thing as Diezani Loot.”

The statement reads: “My chambers makes this intervention in the public domain as Solicitors to Diezani Alison-Madueke (DAM) ,the former Minister of Petroleum Resources, HMPR.

“As her Solicitors, we are fully versed in and conversant with her present ordeal and the entire facts surrounding her matters both here in Nigeria and abroad. So, we write from the vantage position of one that is aware of the cocktail of lies that have been spurned around her cases in the last ten years.

“Many of the narratives are outrightly false; some others sheer outlandish speculations; and most, simply bizzare stories cooked up by her traducers to extract a Shylock’s pound of flesh from her for reasons she does not know and cannot even fathom.

“This intervention therefore seeks to correct this skewed narrative and set the records straight for purposes of history. Many Nigerians often talk about wanting ‘technocrats’ to be involved in governance. They desire that people with character and integrity should join politics.

“We agree with them. However and regrettably too, now and again and many a time, the same people not only allow, but actually join the bandwagon to mob-lynch those who chose to serve the nation.

“And we often do this insidiously, covertly and overtly, even when there is no concrete or even any iota of proof that such public officers ever abused their offices or stole from public coffers.

“It is therefore surprising and of great concern to us, to see the level of sustained vilification of an innocent Nigerian citizen who has not yet been tried and found guilty of any offence known to law by any court of law whether in Nigeria or abroad. The person at the receiving end is Citizen Diezani Alison-Madueke (DAM).”

Mischievous And Cruel
The statement from Ozekhome’s office described the earlier claims about the asset recovery as misinformation and defaming.

It said: “We note with concern the recent deliberate attempt to link her with what has been described as a civil forfeiture of a yacht Galactica, the sale of which was said to have yielded $52.8m to the US government; which sum has since been repatriated to Nigeria.

This is a clear example of the mischievous and cruel sport of tarnishing the image of the lady through a bouquet of consistent, persistent and unrelenting cocktail of falsehoods and misinformation.

“The purveyors of this line of misinformation term it “name-and-shame”. To sell the storyline, the architects ensured they attached Diezani’s name to a recovered yacht which is not in any way linked to her.

“They now falsely termed it “Diezani loot”. Nothing of the sort ever happened. She was never involved in the purchase, use and sale of the said yacht.

“The yacht Galactica, from information readily available in the public domain and in open sources, was purchased by Mr Kola Aluko who had used the vessel until he agreed to its forfeiture to the United States of America.

“The yacht Galactica was neither owned nor ever used by our client. DAM has in fact never set her eyes on the yacht. Kola Aluko is an experienced businessman who had been in business well before DAM came into office as HMPR.

“The only tenuous basis for deliberately linking DAM to the said yacht is the false narrative that the Strategic Alliance Agreements (SAAs) which were entered into between Kola Aluko & Jide Omokore’s Atlantic Energy companies and NNPC, were allegedly corruptly awarded to the said companies by DAM. DAM was not the GMD of the NNPC as so did not and could not have awarded the said contracts.

“We plead, as her lawyers, with all and sundry that she be accorded fair hearing and that the process of these UK court proceedings be allowed to take their natural course to avoid prejudice to her in the ongoing subjudice UK proceedings against her.

”Those purveyors and peddlers who habitually spin these outrightly false, unfounded, defamatory, unintelligent and indefensible narratives to denigrate and humiliate her should please find better use of their time and leave DAM alone.

“Let the law take its natural course without interference. We humbly pray.”

 

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Bisi Onasanya, ex FirstBank MD flees Nigeria to Ghana as EFCC closes in……

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Bisi Onasanya, the embattled former Managing Director of FirstBank has followed in the steps of Oba Otudeko, the former chairman of FBN Holdings and fled the country.
Onasanya who is expected to appear at the Federal High Court in Lagos on Monday January 20 to answer to the charges brought against him by anti-graft agency, the Economic and Financial Crimes Commission, EFCC, may likely be absent in court as he is currently holed up in Ghana in hiding.

He was spotted at Movenpick Hotel in Accra where he checked in at exactly 8 am on Friday morning.

Society Reporters had earlier reported that Onasanya will be arraigned before Justice Chukwujekwu Aneke for looting over N12.3 billion.

He will be arraigned alongside Otudeko, also the chairman of Honeywell Group who is equally on the run, as well as two others, a former board member of Honeywell Group, Soji Akintayo and a firm, Anchorage Leisure Limited connected to Otudeko.

The quartet committed fraud in tranches of N5.2 billion, N6.2 billion, N6.150 billion, N1.5 billion and N500 million, N6.2 billion and N2.09 billion between 2013 and 2014 in Lagos.

The 13-count charge, filed by EFCC counsel Bilikisu Buhari on January 16, 2025, further claimed that the defendants made and uttered forged documents to deceive the bank.

Specifically, count 1 accused the defendants of conspiring “to obtain the sum of N12.3 billion from FirstBank Limited on the pretence that the said sum represented credit facilities applied for by V-TECH DYNAMIC LINKS LIMITED and Stallion Nigeria Limited, which representation you know to be false.”

In Count 2, it was alleged that the defendants, on or about the 26th day of November 2013 in Lagos, “obtained the sum of N5.2 Billion from FirstBank Limited on the pretence that the said sum represented credit facilities applied for by V TECH DYNAMIC LINKS LIMITED which representation you know to be false.”

The 3rd count claimed that the defendants, between 2013 and 2014 in Lagos, obtained N6.2 Billion from FirstBank Limited on the pretence that the said sum represented credit facilities applied for and disbursed to Stallion Nigeria Limited, which representation you know to be false.”

In the 4th count, they were accused of conspiring to spend the N6,15 billion, out of the monies.

According to the Commission, the offences contravened Section 8(a) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and are punishable under Section 1(3) of the same Act.

Counts 5 and 6 read: “That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO AND ANCHORAGE LEISURE LIMITED on or about 11th day of December 2013 in Lagos, procured Honeywell Flour Mills Plc to retain the sum of N1,5 Billion, which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretense and you thereby committed an offence contrary to Section 18(c), 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.

“That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO, AND ANCHORAGE LEISURE LIMITED on or about the 17th day of December 2013 in Lagos, converted to the use of Honeywell Flour Mills Plc the sum of N500 million only which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretense and you thereby committed an offence contrary to Section 15(2 (b)) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.”

“That you, CHIEF OBA OTUDEKO, STEPHEN OLABISI ONASANYA, SOJI AKINTAYO, AND ANCHORAGE LEISURE LIMITED on or about the 17th day of December 2013 in Lagos, converted to the use of Honeywell Flour Mills Plc the sum of N500 million only which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretense and you thereby committed an offence contrary to Section 15(2 (b)) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.”

The Street Journal

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