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N24Billion Fraud: Appeal Court Okays Trial Of Ex-Accountant General, Otunla, After Refunding N6.4 Billion To Nigerian Government

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2 years ago

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The Court of Appeal in Abuja has set aside the judgment of a lower court barring the Economic and Financial Crimes Commission, EFCC, from initiating either civil or criminal proceedings against former Accountant-General of the Federation, AG-F, Jonah Oguniyi Otunla.

In a judgment, a three-member panel of the Court of Appeal marked: CA/A/657/2021, on Monday, January 30, 2023, held that Otunla failed to prove that there was actually a non-prosecution agreement between him and the EFCC.

The court upheld the arguments of the lawyer for the Economic and Financial Crimes Commission, Sylvanus Tahir, SAN, and resolved the four issues, identified for determination, in favour of the Commission.

 

Justice Danlami Senchi, who read the judgment, noted that Otunla did not provide any written commitment, except his words and that of his lawyer, that such an agreement existed.

Justice Senchi held that Otunla could not halt his prosecution by merely claiming that there was an agreement, which existence he failed to establish with any credible evidence.

 

“In the instant case, there is no evidence to support the pleading of the respondent (Otunla) that he will not be prosecuted; that criminal or civil proceedings should not be instituted or initiated against him.

“There is no plea bargain or any documentary evidence relating to the President Panel for the Recovery of Funds. On the whole, the appeal is meritorious and it is allowed. The judgment of the Federal High Court, in suit number: FHC/ABJ/CS/2321/2021 delivered on the 16th day of July 2021 delivered by honourable Justice I. E. Ekwo is hereby set aside,” he said.

 

Other members of the panel – Justices Stephen Adah and Elfreda Williams-Daudu – agreed with the lead judgment.

The EFCC investigated Otunla in relation to two cases: The alleged diversion of about N24 billion meant for disengaged staff of the defunct Power Holding Company of Nigeria (PHCN) and the N2 billion allegedly received from the office of the National Security Adviser, ONSA.

 

In July 2021, Justice Inyang Ekwo of the Federal High Court in Abuja upheld Otunla’s claim of an existing verbal agreement between him and the then-acting Chairman of the EFCC, Ibrahim Magu, that he would not be prosecuted if he made a refund to the Federal Government.

Justice Ekwo, in the 2021 judgment on the suit, marked: FHC/ABJ/CS/2321/2021 filed by Otunla, held among others, that, in view of the assurance given to him by Magu, which informed his refund of the money, he could no longer be prosecuted for his actions while in office between 2011 and 2015.

 

Otunla had, in an affidavit, claimed that Magu promised him that he would not be prosecuted should he return funds traced to him and companies linked to him and his associates.

He stated that sometime in 2015, he was invited by a team of EFCC investigators to probe the alleged diversion of funds from the office of the National Security Adviser, ONSA, and the Power Holding Company of Nigeria, PHCN, pension funds. Otunla said he later met with Magu, in the course of the investigation, when the then acting EFCC chair told him in person to “refund the monies linked to your companies and nobody will prosecute you.”

 

He said, based on Magu’s promise, he had a reconciliatory meeting with the team of investigators, where he immediately undertook to make available some funds as refunds.

In line with the agreement, Otunla said one of the companies linked to him – Stellar Vera Development Ltd – refunded N750 million, another company – Damaris Mode Coolture Ltd – refunded N550 million, while the two firms later made an additional joint refund of N2,150,000,000.00 (Two billion, One Hundred and Fifty Million Naira only).

 

He added at a point, he raised several managers’ cheques for N10 million in favour of the EFCC, which he handed to the Economic Governance Section.

Otunla said, in all, he made a refund of N6,392,000,000.00 (Six Billion, Three Hundred and Ninety-Two Million Naira only) to the Federation Account through the EFCC.

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Former Governor Ifeanyi Okowa, Spends Second Night In EFCC’s Cell Over N1.3 Trillion Alleged Fraud

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9 hours ago

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November 7, 2024

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Immediate past governor of Delta State, Ifeanyi Okowa, who was arrested and detained by the Economic and Financial Crimes Commission (EFCC) has spent second night in the custody of the anti-graft commission.

 

Okowa is currently being investigated and detained over the alleged diversion of N1.3 trillion.

 

The N1.3 trillion reportedly represents the 13% derivation fund from the federation account between 2015 and 2023.

 

According to sources within the commission, Okowa was invited to the EFCC office in Port Harcourt, Rivers State, where he’s subsequently detained by officials.

 

One of the sources stated, “Okowa was at our Port Harcourt office following an invitation from investigators probing the allegations against him. He was then arrested. The commission is investigating him regarding the N1.3 trillion 13% derivation fund from the federation account between 2015 and 2023.

 

“He is also accused of failing to account for the funds, as well as another N40 billion he allegedly claimed was used to acquire shares in UTM Floating Liquefied Natural Gas. He reportedly bought shares worth N40 billion in one of the country’s major banks, representing an 8% equity stake, to support the offshore LNG project. The funds are alleged to have been misappropriated for other purposes.

Investigators are also examining the alleged diversion of funds by the former governor to acquire estates in Abuja and Asaba, Delta State. He is currently being held at the EFCC facility in Port Harcourt.

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Lagos Government Shuts Down Redeemed Church, Celestial Church, Clubs, Event Centres Over Noise Pollution

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22 hours ago

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November 6, 2024

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The Lagos State government has shut down a branch of Pastor E. A. Adeboye’s Redeemed Christian Church of God, a Celestial church, nightclubs and event centres over noise pollution.

The Commissioner for Environment and Water Resources, Tokunbo Wahab, who made this known on Wednesday, said the churches, clubs and event centres were sealed on Tuesday by the Lagos State Environmental Protection Agency (LASEPA) in the Ogudu, Gbagada, Iyana Ejigbo, Isolo, Ajao Estate, Oshodi, Ilasamaja, and Okota areas of the state.

The sealed establishments include: Redeemed Christian Church of God, Celestial Church of God, OMA Nightclub and Lounge, Lounge & Lodging, Bridge Spot Bar, Okiki Event Center and Hall, Emota Paradise Hotel (Phase 2), CF Hotel & Suites, House 27 Hotel & Suites, Echo Spring Hotel, and Smile T Continental Hotel.

The commissioner in a post on X said, “In a bid to address noise pollution and other environmental violations, the Lagos State Environmental Protection Agency (LASEPA) took action yesterday, closing down several establishments across different parts of the state.

“This enforcement drive, focusing on areas like Ogudu, Gbagada, Iyana Ejigbo, Isolo, Ajao Estate, Oshodi, Ilasamaja, and Okota, is part of LASEPA’s continuous efforts to uphold environmental standards and safeguard public health.

“The affected establishments include Honourable Lounge & Lodging, Redeemed Christian Church of God, Celestial Church of God, OMA Nightclub and Lounge, Bridge Spot Bar, Okiki Event Center and Hall, Emota Paradise Hotel (Phase 2), CF Hotel & Suites, House 27 Hotel & Suites, Echo Spring Hotel, and Smile T Continental Hotel.”

 

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Gen. Taoreed Lagbaja: Tinubu directs flags be flown at half-mast

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23 hours ago

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November 6, 2024

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President Bola Tinubu has directed that Nigeria’s national flags be flown at half mast for seven days across the country to mourn the passing of the late Chief of Army Staff, Lt. Gen. Taoreed Lagbaja.

The late Army chief, who was appointed by Tinubu on 19 June 2023, was said to have passed away on Tuesday night after a prolonged illness.

The Secretary to the Government of the Federation, George Akume, in a statement on Wednesday by his office Director of Information & Public Relations, Segun Imohiosen, said the president expressed regret over Lagbaja’s death.

Akume said, “President Bola Tinubu has expressed regret following the death of the Chief of Army Staff, Lieutenant General Taoreed Abiodun Lagbaja, after a brief illness at the age of 56.

“The President has directed that national flags be flown at half mast throughout the country for seven days in honour of the departed Army chief.

“He profoundly appreciates the services of the departed to the nation and wishes the family the fortitude to bear the great loss.”

Meanwhile, the Ministers of Defence, Mohammed Badaru and Bello Matawalle, have commiserated with the president, the military, and Lagbaja’s family over his death.

In a statement by the Ministry’s spokesperson, Henshaw Ogubike, the ministers described Lagbaja’s death as a great loss to his family, the Army, and the nation at large.

“The passing on to eternal glory shocked us at the Ministry of Defence, as our working relationship with him was commendable; he exhibited the spirit of camaraderie and cooperation with us in the discharge of our mandate.

“The late Chief of Army Staff contributed significantly to internal security operations across Nigeria and also exhibited a high level of professionalism.

“He will be greatly missed by the family, the military, and the nation, as he served the nation with commitment and dedication,” the statement added.

 

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