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Appeal Court Orders FCMB To Deposit N540M Awarded To Prophet Omale Accused Of Laundering Money For Magu, In Chief Registrar’s Account Within 48 Hours

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The Court of Appeal in Abuja has ordered the First City Monument Bank (FCMB) to pay N540 million in damages over the defamation of Prophet Emmanuel Omale and his wife, Deborah, into an interest-yielding bank account of the Chief Registrar of the court.

The three-man panel of the appellate court in its unanimous ruling read by a Justice of the Court of Appeal (JCA), Justice Muhammed Shuaibu, further directed FCMB to deposit the said N540 million in the Court Registrar’s account within 48 hours.

The Court of Appeal gave the order on Thursday, February 1, 2024, while the Certified True Copy of its Enrolled Order dated February 2, 2024, was obtained on Sunday, February 4, 2024.

The appellate court gave the directive while granting a conditional stay of execution on the payment of the said N540 million in damages, pending the determination of the FCMB’s appeal in the matter.

The FCMB had appealed against the judgement of Justice Yusuf Halilu of the Federal Capital Territory (FCT) High Court in Abuja, asking the Court of Appeal to set aside the verdict of the lower court on the payment of N540 million in damages.

The FCMB is further asking the appellate court to stay the execution of the lower court’s judgment and restrain the Omales from taking steps to enforce the judgment in their favour.

Having listened to the arguments of the parties, the Court of Appeal directed in its enrolled order as follows:

“The application is granted as prayed in terms of the 1st prayer in the Appellant’s motion filed on 3/11/2022.

“Consequently, conditional stay of execution of the judgment is hereby granted to the Appellant. The condition being that the judgment sum shall be deposited into an interest yielding bank account of the Court to be opened by the Chief Registrar of this Court within 48 hours of the grant of this Order.

“Appeal is adjourned to a date to be communicated to Counsel by the Registry.”

Dissatisfied with the judgment of the FCT High Court, the FCMB through his lead lawyer, Dr Wale Olawoyin (SAN), filed a Notice of Appeal dated October 5, 2022 against the final judgment.

In the Notice of Appeal, the FCMB raised constitutional and other weighty legal issues, saying that it would be highly prejudiced by any step(s) to execute or enforce the final judgment as the action would render nugatory its appeal before the appellate court.

According to the FCMB, “there is a real and high risk that it would suffer irreparable damage in the event that its application is refused and the appeal is successful”.

Opposing the FCMB’s motion for a stay of execution of the lower court’s judgment, the Omales, through their lawyers, Chief Goddy Uche (SAN) and Kanayo Okafor, argued that the bank’s application was brought in utmost bad faith to merely frustrate and delay without any justification, the enjoyment of the fruits of the judgment in their favours.

The Omales argued: “That the judgment Appellant/Applicant’s appeal has little or no chance of success in the light of the admissions and apologies and tacit acceptance of its negligence in this matter.

“That in the alternative, we concede to a conditional stay of execution, for the Appellant/Applicant to deposit the judgment sum within 48 hours into an interest-yielding bank account to be opened by the Chief Registrar of this Honourable Court, in any other commercial bank, except the judgment/debtor.”

BACKGROUND

Justice Yusuf Halilu of the FCT High Court on October 4, 2022, ordered the FCMB to pay N540.5 million in damages to Prophet Omale of the Divine Hand of God Prophetic Ministry and his wife, Deborah, over false claim that they laundered N573 million for the former Acting Chairman of the Economic and Financial Crimes Commission (EFCC), AIG Ibrahim Magu (rtd).

In his judgment over the suit by Omale and other claimants against the FCMB, Justice Halilu held that the bank breached its “duty of care to the claimants,” the Omales and their church.

The judgment was on the suit marked: FCT/HC/CV2541/2020 filed by Omale, his wife and the church.

The judge held that the evidence before the court showed that the bank admitted error in its report to the Nigerian Financial Intelligence Unit (NFIU) of entries in the account of Divine Hand of God Prophetic Ministry which was accused of laundering money on Magu’s behalf.

Justice Halilu further held that the bank claimed that the purported N573 million was wrongly reflected as a credit entry in the church’s account by its reporting system, which it recently upgraded.

The judge also held that FCMB admitted the error, which brought incalculable damage to the reputation of the claimants both within and outside Nigeria – depleting their church’s membership.

Justice Halilu said the claimants provided sufficient evidence to establish a case of negligence against FCMB.

Consequently, the judge awarded N200 million as aggravated damages; N140.5 million as specific damages and N200 million as general damages.

During the investigation of Magu by a Presidential Investigation Committee on the EFCC Federal Government Recovered Assets and Finances from May 2015 to May 2020, it was alleged that an investigation by the NFIU revealed that Magu, who is now retired from the police, paid N573 million into Omale’s church’s account.

It further alleged that the funds were used to purchase property for him in Dubai, the United Arab Emirates (UAE).

Magu was also facing a barrage of similar allegations from a presidential investigative panel led by a former President of the Court of Appeal (PCA), Justice Ayo Salami.

It is instructive to note that former President Muhammadu Buhari refused to release the report of any of the panels to enable the public to have first-hand information about Magu’s alleged culpability or otherwise in the charge and many others levelled against him.

The Salami-led panel, which conducted its months-long hearing in secrecy, was suspected to have been influenced by the former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), to get Magu out of office over a crisis of confidence and wide differences they shared on diverse issues.

Magu, who was suspended as Acting Chairman of the EFCC in the wake of the probe by Salami’s panel, was never recalled or held accountable for any infraction after the panel submitted its report to Buhari.

A report by another panel is titled, ‘Final Report of the Presidential Investigation Committee on the EFCC Federal Government Recovered Assets and Finances from May 2015 to May 2020.’ The panel was said to be headed by Abdullahi Ibrahim, a former Attorney General and Minister of Justice.

It claimed that Magu, through a pastor named Omale, had been laundering public funds to foreign countries.

“As an unknown pastor, the NFIU’s report showed the huge movement of funds ranging from N573, 228,040.41,” the report claimed.

The report further delved into other allegations against Magu including- failing to cooperate with foreign authorities over probe on former Minister of Petroleum, Diezani Allison-Madueke, and circulation of disproportionate figures on recovered loot.

The report also accused Magu of allegedly failing to properly account for a recovered N551 billion by the EFCC while he was its acting chairman.

The report featured prominently in the course of the defamation hearing filed by the Omales to clear their names.

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Cyberstalking of GTCO, CEO Case: Court Constrained To Grant Bail Due To History of Repeated Offences by Bloggers

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Justice Ayokunle Faji of the Federal High Court in Lagos has ordered an accelerated trial of the four bloggers charged with defaming and cyberstalking the management of GTCO (Guaranty Trust Holding Company), including its Group CEO, Mr. Segun Agbaje.

The four accused—Precious Eze, Olawale Rotimi, Rowland Olonishuwa, and Seun Odunlami—are facing 10 amended charges for allegedly publishing false information about the company through various social media platforms.

 

At the resumed hearing of the matter on the 13th and 14th of November, Justice Faji also dismissed the bail applications, citing the serious nature of the alleged offences, which include charges that could lead to up to 14 years in prison.

 

The judge also held that one of the defendants – Precious Eze has shown the tendency to commit a similar offence again if let out as he is currently charged with a similar offence in another court and was only on bail when he went ahead to commit the alleged offence for which he is now standing trial.

Justice Faaji also highlighted the potentially destabilizing impact such actions could have on the banking sector, particularly since some of the charges involve cross-border activities on the Internet.

 

The defense counsel, Afolabi Adeniyi, had at the last hearing of the matter while moving an application for bail for the accused persons argued that the defendants should be granted bail on liberal terms, emphasizing that the charges were bailable and that the accused were willing to face trial.

 

Opposing the application, the prosecution Counsel, Chief Aribisala, SAN, urged the court to reject the bail request, highlighting the risk of the defendants absconding and stressing the need for an expedited trial.

 

In delivering his ruling, Justice Faji not only denied bail but also ordered an accelerated trial, underlining the gravity of the charges.

 

He also noted that the defendants’ actions challenged the authority of regulatory bodies, including the Central Bank of Nigeria (CBN), which had approved GTCO’s audited statements.

 

The matter has been adjourned until the 10th and 12th of December for continuation of the trial.

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All NCDMB Investments Under My Watch Very Successful, Progressing – Wabote Says, Dismisses Fraud, Arrest Report

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A former Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Engr. Simbi Wabote, says all the 17 strategic investments undertaken by the board of the agency under his leadership are very successful and progressing except one, contrary to what he described as the deliberate disinformation being fed to the public by some persons he described as disgruntled.

 

Engr. Wabote, who spoke to THEWILL on Wednesday morning, dismissed reports of his purported arrest by the Economic and Financial Crimes Commission (EFCC), saying he honoured the anti-graft agency’s invitation on its investigation into the $35 million equity contribution of the NCDMB into the Energy Infrastructure Park project promoted by Atlantic International Refinery and Petrochemical Limited, whose CEO, Mr Akintoye Adeoye Akindele, is also behind the completed and ready to commission Duport Midstream refinery project in Edo State, where NCDMB is also invested. The Atlantic International Refinery project, which is located in Okpoama Community in Brass LGA of Bayelsa state, is currently stalled because of funding issues on Akindele’s part.

 

 

Speaking again on Wednesday afternoon, Wabote, who led the NCDMB between 2016 and 2023, dismissed claims of any misappropriation of funds during his term at the NCDMB.

 

 

THEWILL checks revealed that 16 of the 17 projects of the board under his leadership as Executive Secretary are running efficiently with some awaiting official commissioning except the Atlantic International refinery project which currently has financial issues. NCDMB owns 40% of the business. Despite successfully fabricating and completing the refinery in Dubai, Atlantic’s plan to ship it to Bayelsa and complete the project had been hampered by issues between Akindele and his partners in the Duport Midstream refinery, where he had hoped to raise cash from their daily turnover to fund his financial obligation in the project. Akindele and his partners in Dupont are currently in court over their dispute, THEWILL can report.

 

 

Though further checks showed that the site for the refinery project including the staff facility, is ready, Atlantic International has been unable to raise more funds to pay off about $700,000 balance owed by the Dubai-based fabricator to facilitate the shipment of the refinery to the site. THEWILL checks also showed that NCDMB and Atlantic International are in talks on the best way to move the project forward.

 

Wabote, who spoke glowingly of his achievements at the helm of affairs at the agency, declined to comment on our findings on the Atlantic International refinery project because it is now a subject of investigation.

 

 

The NCDMB under me got involved in 17 different investments ranging from gas projects to refineries. Out of this 17,16 are progressing and some have been completed. An example is the Watersmith Refinery which made a profit after tax of N23bn in 2023. 30% of this belongs to the NCDMB as a dividend. The refinery is also expanding from 5,000 to 10,000bpd. Hopefully, it will be commissioned by the first quarter of 2025”, he said.

 

Wabote insists that the NCDMB investments in the business ventures under his tenure are very lucrative and would yield great returns for the agency and the country. “We designed all the projects we invested in, in a way that allows us to cash out in 5 years because our role at the NCDMB is to catalyse these businesses”, he added.

 

Below are some of the partner projects of the NCDMB.

 

THE WILL

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FBI launches manhunt for Nigerian fraudsters who stole $60 million from top global carbon supplier

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The FBI has launched a manhunt for suspected Nigerian fraudsters who allegedly swindled Orion, an energy company, of millions of dollars, specifically $60 million, according to Securities and Exchange Commission (SEC) filings on August 10.

 

 

Although the SEC withheld the names of the fraudsters and their personal identifying information to avoid spooking them into hiding before their arrest, law enforcement agents told Peoples Gazette that the fraudsters were of Nigerian descent.

 

The suspects stole $60 million from Orion, a Luxembourg-based company that produces carbon black, a major material for making tyres, ink, batteries, plastics and more.

 

An SEC filing showed that the suspect targeted an Orion employee in the scheme and used him as bait to make fraudulent wire transfers from the company to other accounts under their control, a criminal tactic that many Nigerian fraudsters have adopted.

 

 

“Orion S.A. (the “Company”) determined that a company employee, who is not a named executive officer, was the target of a criminal scheme that resulted in multiple fraudulently induced outbound wire transfers to accounts controlled by unknown third parties,” SEC filing stated on August 10. “As a result of this incident, and if no further recoveries of transferred funds occur, the Company expects to record a one-time pre-tax charge of approximately $60 million for the unrecovered fraudulent wire transfers.”

 

In a similar scheme, Ramon Abbas, also known as Ray Hushpuppi to his millions of Instagram fans, and his partner Woodberry, whose real name is Olalekan Ponle, were jailed for coordinating multimillion-dollar scams involving business email compromise schemes by the U.S. government.

 

The two fraudsters are serving their respective sentences at the Fort Dix correctional facility for scamming individuals and companies in similar fraud schemes.

 

 

In October, The Gazette reported that the FBI contacted their Nigerian counterpart, EFCC, to track down two fugitives wanted for scamming the American healthcare system of $13 million.

 

Babatunde Shodiya and Yinka Jamiu targeted at least four Minnesota-based health service providers and tricked them into paying $13 million to a manipulated account rather than the intended beneficiaries.

 

 

* The Gazette

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