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How Nigeria’s Central Bank Governor, Emefiele Allegedly Diverted N89Trillion Stamp Duty Fund Into Private Accounts, With Plan To Acquire Government Asset — Presidential Committee On Stamp Duties

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The Secretary of the dissolved Presidential Committee on Reconciliation and Recovery of Stamp Duties Revenue, Kazaure Gudaji has narrated how N89 trillion from stamp duties was misappropriated and diverted by the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Garba Shehu, presidential spokesperson, on Saturday, debunked Kazaure’s N89 trillion missing funds claim, adding that it was “ludicrous that a member of the parliament would claim to be secretary of an executive committee”.

Kazaure had said his committee was secretly constituted by President Muhammadu Buhari, with Adetola Adekoya and him as the chairman and secretary respectively.

He explained that he, in a letter dated 8 August, sought the approval of Mr Buhari to set up the committee that included the Minister of Finance, Zainab Ahmed, the Attorney-General of the Federation, Abubakar Malami, the Director General of the Department of State Services (DSS), Yusuf Bichi, Mohammed Wakili, a retired commissioner of police and one Mr Okafor, a retired staffer of the National Intelligence Agency.

A source in government told SaharaReporters on Wednesday that President Muhammadu Buhari is not aware of a lot of things going on in his government, including details about the Stamp Duty charges. The source added that knowing this weakness, the people around Buhari have ensured he doesn’t get to know about some fraudulent activities going on in his government.

“The President is not aware of all this because all the people surrounding him are not allowing anything that will expose them to pass to him, but now he understands they are cheating him,” the source said.

In a fresh document obtained by SaharaReporters, the lawmaker narrated how the funds were diverted using multiple circulars.

Kazaure added that the committee had flagged the funds ($171.0 billion) in CBN’s private investors account.

It also flagged funds recycled as loans to some banks, N13 trillion; and funds “recycled as FMDQ debt to FGN: N23.3 Trillion”.

He said, “How CBN Circular of 27th March 2013 was used to divert the revenue. School of Banking Honours “SBH” is a banking monotechnic that was registered by JAMB as an Innovation Enterprise Institution “IEI” under a new Federal Education policy to skill, re-skill and up-skill Nigerian Youth on all aspects of banking operations techniques, in making them to be more employable locally, and competitive globally. As SBH does not receive subvention or grants from FGN, it applied loans on research to make a difference on tertiary banking skills.

“With retrenchments ravaging the banking sector, SBH adopted a strategy to create part-time banking jobs for Nigerian youth from GAPS in banking services, hence it began to research into embossed Stamp Duty Paid symbol on cheques.

“When CBN refused to partner on SBH research for “shadow-banking” to absorb our youth on part-time jobs in February 2012, SBH invited NIPOST to represent FGN thereon, and a Master Services Agreement was signed in September 2012. SBH returned to CBN for Approvals to engage banks and others for N50 Stamp Duties on manual teller deposits and electronic transfer receipts from N1000 and above, and to sweep these into FGN coffers.

“CBN obliged SBH by issuing its Approval letters, with that of 3rd December 2012 stating that this was against its policy on financial inclusion, but that despite this, all revenue arising thereon must be swept into FGN coffers on monthly basis. For manual collections on Cheques, SBH invited 3 lead banks (First Bank, Stanbic IBTC and Unity Bank), and they committed to their roles. SBH then called a press conference with NIBSS for all bank customers on their obligation.

“SBH engaged NIBSS as Official Sweeping Agent to FGN on the new revenue, but its then CEO, Mr. Folashodun Adebisi Shonubi (now CBN Deputy Governor) complained, via email dated 18th January 2013 that the CBN Approval was not meant to increase cost of banking to customers; and Payment of N50 Stamp Duty on a N1000 transfer is “absurd” hence the threshold must be increased upwards. Quite unbelievably, NIBSS induced CBN to issue a Circular on 27th March 2013 for an aggregate N100 (i.e. banks N70; NIBSS N30) as “additional charges” on transfers from below their own N500,000 threshold, down to N1000 of Stamp Duties, while N50 Stamp Duties of Government in 2012, was blocked. What then started as “breach” of financial inclusion for banks / NIBSS against FGN in 2013, has now snowballed into monumental fraud that is unknown in banking history.

“Undaunted, the SBH continued its due diligence, and served a Demand Notice for N7.7 Trillion on NIBSS, being Stamp Duties assessed for 2013/2014. NIBSS accepted, and invited SBH on 5th July 2015, for “full recovery” of all share of Government collections. The latter then invited Revenue Mobilization Allocation & Fiscal Commission “RMAFC” to replace NIPOST that had gone on a judicial misadventure with Mr. Buruji Kashamu “KASMAL” which heralded its eventual nullification from any Stamp Duties collection by an Appeal Court.

“RMAFC had no satisfactory answer from CBN + NIBSS, while its Chairman. alerted in-coming President Muhammadu Buhari against Mr. Emefiele’s buy-out plan of Nigeria’s OIL Joint Venture shares at N14.9 Trillion in funding his critical infrastructure needs. SBH then related N7.7 Trillion demanded on NIBSS, to the N14.9 Trillion buy-out offer from Mr. Emefiele, are 1:2 ratio, and also similar to N50 Stamp Duties and N100 bank charges. So, Mr. Emefiele had shown interest in laundering Stamp Duties to acquire FGN asset since 2015..!

“School of Banking Honours processed its Copyright No. LW1023 on the intellectual research works, and is now representing FGN on all technical aspects of the Stamp Duties since 27th September 2012, and as duly registered on 15th October 2015 under Laws of the Federation.”

The lawmaker continued, “How CBN Circular of 15 January 2016 tried to distort 1st diversion: CBN issued a Circular on 15th January 2016 “in exchange” for an illegal waiver granted to it by Kasmal and NIPOST on all Stamp Duties due from NIBSS recovery invitation for 2013/2014 years, while 2 judgments presented by Kasmal to CBN on same matter revealed disparity on a purported contract (i.e. NIPOST and Kasmal) with terminal dates of October 2018, and October 2015, while 5% commission was inflated to 15%, even as NIPOST wrote CBN to deny formal contract thereon.

“Director of Public Prosecutions (DPP) of Justice Ministry directed EFCC in March 2016 to investigate the purported Agreement, and SBH was invited to submit memos, but the outcomes have been suppressed between Justice / EFCC till date.

“How CBN Circular of 21st February 2017 diverted revenue from FGN:

1. Total foreign exchange of US $171 Billion that accumulated into CBN Private Investors Account within 3 years to April 2020, was derived from above: a. Mr. Emefiele directed all banks to share their processing fees with CBN in ratio of 40:60, but the fees were not credited to income statement of CBN, but to Private Investors Account on foreign exchange trade.

“b. All forex traded by CBN with bureau-de-change operators are “privately” owned, hence the indifference of Mr. Emefiele to continued devaluation of Naira from about N250 to the Dollar in 2015, to about N700 now.

2. Total loans of over N23.4 Trillion from CBN to some banks as at December 2019, were mostly from the Stamp Duties revenue that was diverted, given that:

“a. NIBSS alerted SBH that N50 Stamp Duties on bank transfers from N1000 and above, would deliver revenue that is far above OIL; and

b. CBN share capital was just N5 Billion, while its reserves were only N280 Billion (all totalling N285 Billion), as at December 2019.

“3. Total Debt Stock variously issued to Federal Government “FGN” via Financial Markets Dealers Quotes “FMDQ”, was stated at about N13.0 Trillion, and this was far in excess of its balance sheet size. For instance, the following ratios as at December 2020 show areas for due diligence:

“a. N13.0 Trillion Debt issued by FMDQ to Government is 94.5% of total Bonds, while non-Government are about 5.5%. This confirms FGN as the easiest source for laundering CBN slush funds as Debt stock.

b. However, FMDQ’s own fund on the portfolio is just about 0.4%, hence the need to review the sources of CBN funds recycled into FGN Debt. Desperation of CBN to cover-up Stamp Duties revenue:

“In line with Section 3(2) of Stamp Duties Act, Finance Minister has not reported the Copyright-holder’s Invoice of N89.1 Trillion to 36 State Governors for over 1 year, while CBN Governor refused to transfer the unremitted Stamp Duties from its Private Investors Account, into STAMP DUTIES CENTRAL ACCOUNT for the monitoring convenience of Mr. President, as ordered.

“Private Investors Account on foreign exchange was opened by CBN in April 2017, and then funded from CBN Circular of same April 2017. Even EFCC that SBH approached for support on 31st May 2021 has not disclosed its investigation outcome on the accounts publicly, or forwarded a report on the balances to Mr. President for over 1 year.

“Furthermore, Stamp Duties revenue accruing to FGN is still growing at an astronomical rate, and this is quite evident from latest NIBSS statistics that reported eTransactions at N117.3 Trillion in just 4 months of 2022 alone, and by conservative estimates, these could reach over N400 Trillion by year end. It must be noted that NIBSS is just 1 of 15 other switches whose records have not been captured by Copyright-holder, and CBN is jealously guarding the huge revenue that is “above OIL” from Government…!”

The committee according to the document also recommended the suspension of the CBN Governor.

  • Sahara Reporters

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Alleged 76bn, $31.5m Fraud: EFCC Arraigns Ex AMCON MD, Ahmed Kuru, Four Others in Lagos

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The Economic and Financial Crimes Commission (EFCC) on Monday, 20 January, 2025 arraigned a former Managing Director of Assets Management Corporation of Nigeria AMCON, Ahmed Kuru and four others for allegedly defrauding Arik Airline N76 billion and $31.5 million, respectively.

 

Other defendants are former Receiver Manager of Arik Airline Ltd, Kamilu Omokide, Chief Executive Officer of the airline, Captain Roy Ilegbodu, and Super Bravo Ltd and Union Bank PLC.

 

The defendants were arraigned before Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos on a six-count charge bordering on theft, abuse of office and stealing by dishonestly taking the property of another.

 

The defendants, however, pleaded not guilty to all the six-count charges when they were read to them.

 

Count one reads: “That you, Union Bank Nigeria Plc, sometime in 2011 or thereabouts, in Lagos, within the jurisdiction of this Honourable Court, with the intention of causing and/or inducing unwarranted sale of Arik Air loans and bank guarantees with Union Bank, made false statements to the Assets Management Corporation of Nigeria (AMCON), regarding Arik Air Limited’s performing loans, following which you transferred a bogus figure of N71,000,000,000.00 (Seventy-One Billion Naira) to AMCON.”

 

Count two reads: “That you, Ahmed Lawal Kuru, Kamilu Alaba Omokide as Receiver Manager of Arik Air Limited, and Captain Roy Ilegbodu, Chief Executive Officer of Arik Air Limited in Receivership, sometime in 2022 or thereabout, in Lagos, within the jurisdiction of this honourable court, fraudulently converted to the use of NG Eagle Limited the total sum of N4,900,000,000.00 (Four Billion Nine Hundred Million Naira only), property of Arik Air Limited”.

 

Count five reads: “That you, Kamilu Alaba Omokide, Ahmed Lawal Kuru and Capt. Roy Ilegbodu, on the 12th day of February, 2022 or thereabout, in Lagos, within the jurisdiction of this Honourable Court, being public officers, directed to be done in abuse of the authority of your office and with intention of obtaining undue advantage for yourself and cronies an arbitrary act, to wit: intentionally authorizing the tear down and destruction of 5N-JEA with Serial No. 15058 valued at $31.5million (Thirty One Million, Five Hundred Thousand Dollars), an arbitrary act, which act is prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited”.

 

The counsel to the first and third defendants, Prof Taiwo Osipitan, SAN, informed the court of a motion for bail application dated November 28, 2024 and November 29, 2024 for the two defendants.

 

Osipitan prayed the court that the defendants be granted bail on liberal terms.  According to him, the first defendant had no criminal records and that the EFCC granted him administration bail  which he didn’t jump.  “We pray the court grants bail to the two defendants on the same liberal terms given to them by EFCC,” he said.

 

EFCC Counsel, Wahab Shittu SAN, filed counter-affidavits dated December 2, 2024 against the first defendant and also another counter affidavits dated December 22, 2024 against the third defendant.  Shittu prayed the court to dismiss their bail applications.

 

According to him, the two defendants are facing serious offences of economic sabotage. However, he agreed with the second and third defence counsel that they are presumed innocent pending the determination of the court. Shittu , however, added that the temptation of the defendants leaving the country was very high. He thereafter prayed that accelerated hearing be granted and the defendants’ international passports be seized by the court.

 

“But if my lord decides to be magnanimous to grant them bail, we shall be praying for stringent conditions because we are particular about their attendance in court. “We urge that they should submit their international passports with the court in order to ensure that they come for trial,” he said.

 

The counsel to the second defendant, Olasupo Shasore, SAN in his motion for bail dated December 6, 2024 and filed on the same day, urged the court to also grant bail to his client on self recognition.

 

The prosecuting counsel in his counter affidavits dated January 17, 2025, opposed the bail application of the second defendant.

 

He said the application for bail was incompetent and should be struck out. Shittu cited relevance laws to buttress his argument. “My lord, the record of this court is to the effect that the second defendant, at one point, absconded in which your lordship had to issue a bench warrant. “The learned silk for the second defendant is not the defendant on trial and it is very unhealthy for a counsel to stand as a surety for a defendant.

 

“I urge my lord, in exercising his discretion, to take all this into consideration because our concern is the appearance of the second defendant in court so that he does not abscond.”

 

After listening to the arguments from all the parties, Justice Dada granted bail to the defendants in the sum of N20 million Naira each with two sureties in like sum.   The sureties must be gainfully employed and deposed to means of identification.

 

She also directed that the defendants must submit their international passports with the registrar of the court.

 

Justice Dada adjourned the matter till March 17, 18, and 19, 2025 for commencement of trial.

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Absence Of Oba Otudeko, Bisi Onasanya, Others Stalls Arraignment Over N12.3Billion Fraud As Otudeko’s Lawyer Protests In Court

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The counsel for Oba Otudeko, Chairman of Honeywell Group, who is facing charges of a N12.3 billion fraud, appeared before a Federal High Court in Lagos on Monday to protest the charge.

Mr. Bode Olanipekun (SAN) informed the court that he was protesting because the charge had not been served on Otudeko or the two other individuals charged alongside him, the News Agency of Nigeria reports.

Olanipekun informed the court that, despite not being served with the charge, the defendants were shocked to learn about the planned arraignment through the media when the story broke last Thursday.

The 13-count charge was filed by the Economic and Financial Crimes Commission (EFCC) against Oba Otudeko, former Managing Director of FirstBank Plc. Olabisi Onasanya, and former Honeywell board member Soji Akintayo.

Olanipekun is the counsel for the three defendants.

They were charged alongside the company, Anchorage Leisure Ltd.

 

The EFCC alleges that the defendants obtained the sum under false pretenses.

 

According to the EFCC, the four committed the fraud in tranches of N5.2billion, N6.2billion, N6.150billion, N1.5billion and N500million, 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 used forged documents to deceive the bank.

Specifically, count 1 accused the defendants of conspiring “to obtain the sum of N12.3Billion from First Bank 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 26th day of November, 2013 in Lagos, “obtained the sum of N5.2 billion from First Bank 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 alleged that the defendants, between 2013 and 2014 in Lagos, obtained N6.2billion from First Bank 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 N6.15billion, out of the monies.

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

Counts 5 reads: “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.”

Meanwhile, Otudeko had reportedly fled Nigeria ahead of his scheduled arraignment on fraud charges.

 

According to TheCable Newspaper, Otudeko’s exit from the country is linked to the mounting legal pressures and financial disputes he is facing.

The newspaper reported that the businessman left the country via one of the land borders.

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Loan controversy: Bisi Onasanya’s lawyer condemns media trial….Judge adjourns case to February 13

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In line with his resolve to defend himself and clear his name, Dr. Bisi Onasanya through his lawyer, Adeyinka Olumide-Fusika, SAN, at a session at the Federal High Court Lagos on Monday, January 20, 2025, demanded the service of proof of evidence and summons.

Onasanya, a chartered accountant and a former Group Managing Director of First Bank is defending himself against a controversial loan that allegedly occurred at First Bank 12 years ago. The retired banker is refuting the allegations alongside three others namely former Chairman of the bank, Chief Oba Otudeko, a former board member of Honeywell, Soji Akintayo, and a firm, Anchorage Leisure Ltd.

At a hearing at the Federal High Court in Lagos on Monday, Fusika condemned the media trial his client had been subjected to, saying he was not formally invited by the EFCC or served a notice of the charge.

He expressed surprise at seeing news stories in major newspapers linking Dr Onasanya to a trial on loan controversy during his time as First Bank Group Managing Director without prior notification.

“My Lord, it is concerning that my client has been unduly exposed to media trial without being formally served. This is a procedural anomaly that undermines his right to a fair hearing and personal dignity,” Olumide-Fusika said.

The prosecuting counsel, Rotimi Oyedepo, denied any involvement by the EFCC in the media coverage of the case.

He stated that the commission had not issued a press statement and suggested that journalists may have obtained information through other means.

“My Lord, we disassociate ourselves from any media reports,” Oyedepo said.

The EFCC also applied for an ex parte motion to issue a bench warrant for the defenders’ arrest and sought permission to serve them through substituted means, alleging they had evaded service.

Olumide-Fusika opposed the motion, arguing that his client had always been available and had not evaded service. Demonstrating his determination to clear his name, the senior lawyer prayed to the court to have the EFCC serve the charge and the proof of evidence in the open court.

“This application is unwarranted and speculative. My client has neither avoided service nor absented himself from this matter. The claims of the prosecution are baseless. Since I am here and my client is ready to go ahead with this case, I ask to be served the charge and the proof of evidence here in the court,” Olumide-Fusika argued.

Justice Chukwujekwu Aneke, who presided over the case, dismissed the EFCC’s motion for substituted service on Onasanya since he has accepted to be served in the open court.

The judge consequently ordered that the EFCC serve Olumide-Fusika the charge and proof of evidence in open court.

The EFCC complied with the directive, and Olumide-Fusika who confirmed the receipt of the document extracted a confirmation from the prosecution counsel that the proof of evidence submitted is exhaustive and there wouldn’t be an addendum. The defence counsel said EFCC’s confirmation should be on record, insisting that his client was ready to defend himself and clear his name.

Justice Aneke adjourned the case to February 13, 2025.

It will be recalled that Onasanya, through his Communication Advisor, Mr Michael Osunnuyi, had earlier dismissed allegations, describing the claims as baseless and an attempt to tarnish Onasanya’s stellar reputation for professionalism, integrity and humaneness.

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