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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)

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Ifechukwude Okonjo: Man convicted of theft in US emerges traditional ruler in Nigeria

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When Ifechukwude Okonjo emerged as the Obi of Ogwashi-Uku in Delta State in September 2019, there was no indication that he had been convicted of a crime in the US.

Ogwa-Uku is a community in Anaocha South Local Government Area of Delta State, Nigeria’s South-South.

Mr Okonjo succeeded his father, Chukuka Okonjo, a professor whose death was announced on 13 September 2019.

Findings by PREMIUM TIMES showed that he was crowned days after the death of his father.

Chukuka Okonjo the traditional ruler

Conviction in the US

According to court documents obtained by PREMIUM TIMES, Mr Okonjo was convicted of theft in April 1997 at the Circuit Court for Montgomery County, State of Maryland, in the US.

The court documents showed that his younger brother, Onyema Okonjo, was also convicted of a similar offence on 23 January 1998.

Charges, arraignment and trial

Mr Okonjo was first criminally indicted on 20 April 1995 and summoned to appear before a judge the following day.

After initially failing to make his appearance on 12 August 1995, he finally showed up at the court on 14 July of this same year.

He was initially charged with theft and conspiracy to commit the crime with his younger brother, Onyema.

Specifically, the first count charge indicated that Mr Okonjo stole “assorted computers and computer peripheral equipment, the property of Digital Equipment Corporation, having the value of $300 or greater” between 23 January 1995 and 24 March 1995 in Montgomery County, Maryland.

According to the court document, the offence violated Article 27, Section 342 of the Annotated Code of Maryland and was against the peace, government, and dignity of the US state.

He was released on bail on “personal recognisance” after paying a $2,500 bail bond.

Then unemployed and single, Mr Okonjo resided with his elder sister, Ngozi Okonjo, at 7004 West Greenvale Parkway, Chary Chase, MD 20815, in the US.

Ngozi Okonjo, now popularly known as Ngozi Okonjo-Iweala, has been the director-general of the World Trade Organisation since March 2021.

At the time of the trial, Mr Okonjo was 30 and had lived in the US for nine years. He is now 57.

His brother, Onyema, was criminally indicted by the court on 18 October 1996, and a bench warrant was issued against him the same day.

By then, Onyema was 28 years old and married; he is now 55. He made his first court appearance on 14 November 1997.

His charge indicated that he committed the crime of theft and conspiracy between 28 October 1993 and 24 March 1995 in Montgomery County, Maryland.

According to the court documents, he claimed to be homeless at the time.

Like his brother, Onyema was released on bail on “personal recognisance.”

Mr Okonjo and Onyema were told that the condition of their release was that they should appear in court during sittings or their bail bond would be forfeited.

They were also told that failure to surrender themselves within 30 days after the bail forfeiture might cause them to be further charged, fined and/or imprisoned.

Sentencing

Mr Okonjo and Onyema, after their bail, separately failed to appear before the court on hearing and trial dates, forfeited their bail bonds and also “willfully” failed to surrender themselves within 30 days after the forfeiture, according to the court documents.

One of the documents indicated that Onyema left the US after being granted bail.

The court then separately charged and found Mr Okonjo and Onyema guilty of failing to surrender themselves within 30 days of their bail forfeiture.

Consequently, the court, on 29 April 1997, sentenced Mr Okonjo to six months imprisonment.

For the first count of theft of assorted computers worth $300, the court also sentenced Mr Okonjo to one-year imprisonment beginning from 4 April 1997, when the judgment was delivered.

The court documents did not indicate if the sentences were to run concurrently.

Similarly, the court, on 23 January 1998, sentenced Onyema to 57 days imprisonment.

It is unclear if Mr Okonjo and Onyema served their jail terms in the US or ran back to Nigeria, given that they had jumped bail before their conviction.

Honoured in Nigeria

In 2019, after their father’s death, Mr Okonjo and Onyema joined other princes in the contest for the traditional stool of the Ogwashi-Uku Community.

The community residents were unaware that the duo had been convicted of theft in the US.

After the contest, Mr Okonjo emerged as the community’s traditional ruler and was crowned days later.

He is now the Obi of Ogwashi-Uku, the highest traditional authority in the community.

Petition to the SSS

The conviction of Mr Okonjo and Onyema im the US became public knowledge after some community members obtained certified true copies of the court judgment.

Some members of the community subsequently petitioned the Delta State Government and the State Security Service (SSS) and accused Mr Okonjo of engaging in land grabbing, illegal arms dealings, harassment of indigenes, and formation of armed militia groups, among others.

The petition to the SSS, dated 4 October 2024 and addressed to the SSS director-general, was authored by F.O. Okolie, a law firm, on behalf of some community members.

The community members on whose authority the petition was authored included Chiedu Enwenwa, Hyacinth Okolie, Ellen Adigwe and Bruce Ugo Emordi.

In the petition, the community members claimed that Mr Okonjo, Onyema and others recruited some unnamed gunmen from South-east Nigeria into the community’s vigilante security outfit.

They alleged that the recruited gunmen were being used to forcefully take over people’s landed property and also to commit violent crimes such as kidnapping and murder.

They also claimed that the duo and others were using police operatives to intimidate community members, alleging that the issue had earlier been reported to the police authorities in Nigeria and that no action had been taken.

They expressed fear that, given the current tension, the community was on the verge of being thrown into war and a breakdown of law and order.

The community members, in the petition, appealed to the SSS to investigate all the community vigilante groups and palace guards as well as the alleged kidnap and murder of some indigenes of the community.

They also called for an investigation into Mr Okonjo’s alleged “illegitimate dealings in prohibited firearms” allegedly imported into the community by gunmen.

Palace speaks

On 31 October, a PREMIUM TIMES reporter contacted Ifeakanachukwu Emordi, Mr Okonjo’s palace secretary, to seek to speak with the traditional ruler about the allegations.

After dismissing Mr Okonjo’s conviction for theft as untrue, Mr Emordi promised to get the traditional ruler to speak with our reporter on the phone.

Minutes later, Onyema phoned our reporter and claimed, without evidence, that the petitioners were not representatives of Ogwashi-Uku.

Regarding the allegations of land grabbing, he claimed that all lands in Ogwashi-Uku are held in trust by the traditional ruler in accordance with the community’s traditions and customs.

“That’s our land tenure system. Obi doesn’t have to grab any land that is under his custody,” he said.

He said the SSS should be allowed to investigate the allegation of recruiting gunmen into the community’s vigilante groups and harassment of indigenes.

When quizzed about the conviction of the traditional ruler in the US, he responded, “We are not aware of that.”

Our reporter again requested to speak with the traditional ruler. Onyema promised to inform the traditional ruler and revert. But he did not get back to the reporter.

When contacted again on 6 November, nearly a week after, he claimed Mr Okonjo was busy and not available to speak on the issues.

Onyema said he might get another person to respond before the end of the week if the traditional ruler remained unavailable.

When our reporter informed him that court documents shows that he too was convicted in the US, Onyema retorted, “I can’t speak to all of these issues.”

“We will get back to you to try to clear the air as far as any of these issues are concerned,” he added.

Commission of enquiry

In response to the petition, the Delta State Government set up a commission of enquiry to investigate the allegations against the traditional ruler, particularly on land-related issues.

The commission is expected to begin a public hearing on Thursday and conclude it on 20 November 2024, according to an announcement from the Secretary to the commission, Gabriel Eze-Owenz, a lawyer.

SEE COURT DOCUMENT BELOW

DOCUMENT 1 

DOCUMENT 2

DOCUMENT 3 

 

SOURCE: PREMIUM TIMES

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OANDO WINS ‘DEAL OF THE YEAR’ AWARD AT AFRICA ENERGY WEEK 2024

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Oando Plc, Africa’s leading energy solutions provider listed on the Nigerian Stock Exchange (NGX) and Johannesburg Stock Exchange (JSE) is pleased to announce that the Company has emerged winner of the ‘Deal of the Year’ award at Africa Energy Week (AEW) 2024.

The Africa Energy Chamber (AEC), the organisers of the annual week-long oil and gas conference, hosted and recognised different stakeholders at a Gala and Award night held at the Cape Town International Conference Centre (CITCC), on Tuesday, 5 November, 2024.

In a category comprising other high-profile deals in the sector and across Africa, Oando won the award in recognition of the Company’s recently completed landmark $783 million acquisition of the Nigerian Agip Oil Company (NAOC) from the Italian Energy firm Eni on 22 August, 2024.

This acquisition, 10 years in the making since Oando’s initial entry into the ConocoPhillips/NAOC/NNPC Joint Venture (JV) in 2014 when the Company acquired ConocoPhillips Nigeria business, doubled the company’s stake in the JV to 40% and operator of the assets.

In receiving the award, the Company’s Group Chief Executive, Wale Tinubu, remarked “We are delighted and honoured to receive the ‘Deal of the Year’ award from Africa Energy Week. It’s been a remarkable year on many fronts. First, we marked our 30th anniversary as a business, then concluded our strategic plan to acquire our second IOC in a decade, Nigerian Agip Oil Company (NAOC) and step up to the role of operator.

“This award is more than just an accolade for a successful deal closure; it represents a public acknowledgement of the culmination of 30 years of grit, hard work, resilience, and sheer belief in our vision. It is a testament to my belief that with the #HumansOfOando, impossible is nothing. I’d like to thank the dream team, the #HumansOfOando, our financiers, and partners for their belief and role in making this award a reality.”

The acquisition is the culmination of a decade of preparation, strategic planning, and unwavering commitment to a vision of becoming Africa’s first indigenous International Oil Company.

It is a testament to the organisation’s 30-year journey spanning the entire energy value chain, with consistent and deliberate actions at each stage that have led to the advancement of indigenous participation in the industry.

The Deal of the Year award “recognises the most transformative and impactful deal in the energy sector – honouring excellence in negotiation, strategic alignment, innovation and collaboration – and celebrates deals that drive advancements in energy and economic growth.”

With this year’s AEW theme of “Invest in Africa Energies: Energy Growth Through an Enabling Environment”, the AEC, through the AEW Awards 2024, recognised other persons, International (IOCs) and National Oil Companies (NOCs) across the continent through awards in 10 categories.

 

Tinubu at the event also delivered a key note address with the topic, Transforming Africa’s Oil and Gas landscape through strategic Merger and Acqusition.

During the address he noted that indigenous companies contribute approximately 30% of the country’s crude oil production and hold around 40% of the total oil reserves. Additionally, they account for 60% of the country’s gas production and approximately 32% of gas reserves. This data underscores the growing significance of local players in the African oil and gas sector.

He also highlighted improvements in the business environment, citing the improved Ease of Doing Business driven by recent reforms that have attracted increased investments in energy. Tinubu pointed to the successful Implementation of the Petroleum Industry Act (PIA), which has established a regulatory framework that enhances transparency and boosts investor confidence.

Tinubu’s remarks included a call for enhanced collaboration among policymakers, investors, and oil and gas companies to foster the growth of indigenous firms through supportive regulations, financing access, and technology transfer. He urged stakeholders to focus on leveraging M&As to diversify and expand capabilities within the sector while emphasizing the need to strengthen Africa’s institutional and financing capacity for local firms.

As Oando continues on its growth trajectory, Tinubu’s insights served as a powerful reminder of the strategic importance of indigenous companies in Africa’s energy transformation and the collective effort required to drive sustainable development across the continent.

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AMCON Takes Over Gov. Dapo Abiodun’s Heyden Petroleum Over Alleged Insolvency

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Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos has granted an interim take-over of Heyden Petroleum Limited, a company owned by the Ogun State Governor, Dapo Abiodun, over alleged insolvency.

Justice Lewis-Allagoa in suit No AMC/67/2024, granted the take-over of the petroleum company by the Asset Management Corporation of Nigeria (AMCON) after hearing the submission of an Ex Parte motion filed through its lawyers, O. T. Ogunba and I. U. Odo of Kunle Ogunba SAN & Associates, who moved the motion with a supporting affidavit and written address.

Innovative Ventures Limited and Optimum Construction & Property Development Company Limited are also affected by the interim order granted on October 29, as prayed by the AMCON’s lawyers

The judge later adjourned the hearing of the substantive suit till November 21, 2024

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