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UK POLICE SHUN DIAMOND BANK’S N6 BILLION BAD LOAN CASE

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Okogbule recounted how the portfolio investors obtained an unsecured loan of N6 billion from Diamond Bank in 2007, a sum he alleged the bank helped the expatriates to launderto the UK.
United Kingdom’s Serious Fraud Office (SFO) “can neither confirm nor deny” its interest in a N6 billion alleged fraud case in which Allan Dick West Africa (ADWA) Limited allegedly made away with the unsecured loan granted by Diamond Bank.
ADWA has since been liquidated.
Joint liquidators of the UK firm, Akinwunmi & Busari and Ihegwoazu & Co, had set aside N200 million from the N750 million MTN Nigeria paid to settle debts ADWA owed local contractors.
The liquidators said they would use the money to prosecute the case in the UK against the parent company, Allan Dick Company (ADC) Limited, UK.
But the principal partners of the two law firms, Akinwunmi and Ihegwoazu, disclosed in an exclusive interview that the cost of prosecuting the case is more than the budgeted N200 million.
They said they opted to work with the SFO,the equivalent in Nigeria of the Economic and Financial Crimes Commission (EFCC).
But an SFO official TheNiche contacted said she could not confirm if the SFO has any interest in the case, even though the Nigerian lawyers claimed they had solicited the assistance of the crime buster.
An email sent to Nilima Fox, SFO Head of Media Department, read: “Joint liquidators of Allan Dick West Africa, Akinwunmi&Busari and Ihegwoazu& Co, both legal practitioners in Nigeria, said they have since applied to your office for assistance to bring the suspects to book.
“Please kindly oblige us with information on the progress you have made in your investigation. We request for facts, figures and statements on the case. Or is the case closed?”
Fox quickly replied that he was out of the office and advised that his colleague in the SFO press office, Susan Givens, be contacted.
Eventually, however, it was Jina Roe who responded to the enquiry. She wrote: “Without wishing to be unhelpful, I can neither confirm nor deny SFO interest in this matter.”
TheNiche pressed for precise information on the cross border transaction in which the UK firm allegedly transferred huge sums of money into personal and corporate accounts at a time it claimed to be insolvent.
The SFO replied, “We have no further comment.”
The Managing Director and Chief Executive Officer, West and Gate (W&G) Limited, Paul Okogbule, and other local contractors affected by the case decided on a legal action against Akinwunmi&Busari and Ihegwoazu& Co, Diamond Bank, and all those on the other side of the matter.
A letter written to ADWA’s liquidators, Akinwunmi and Ihegwoazu, by Citi Lawyers (solicitors to West and Gate and the contractors of Allan Dick), demanded a refund of N200 million to the local subcontractors of ADWA.
Another letter to Diamond Bank also demanded a refund of N150 million to the subcontractors.
Both letters are dated December 19, 2013.
They demanded a refund of N200 million “illegally deducted by yourself and Mr. Victor Ihekweazu of the firm of Akinwunmi & Busari and Ihekweazu and Co respectively from the amount paid by MTN to our clients.
“Your failure to comply with the above demand within seven clear days of your receipt of this letter will leave us with the option of taking the appropriate legal steps in a competent court of law.”
The letter to Diamond Bank demanded a refund of N150 million “illegally deducted by your bank officials from the amount paid by MTN to our clients.
“Your bank’s failure to comply with the above demand within seven clear days of your receipt of this letter will leave us with the options of forwarding our petitions to the appropriate authorities and instituting legal action in a competent court of law.”
The contractors detailed how Diamond Bank lost N6 billion to ADWA, a telecommunications services firm promoted by ADC, its parent company in the UK.
Okogbule recounted in Lagos how the portfolio investors obtained an unsecured loan of N6 billion from Diamond Bank in 2007, a sum he alleged the bank helped the expatriates to launder to the UK.
ADWA commenced liquidation without repaying the loan and paying contractors who worked on MTN base stations.
The contractors alleged that Diamond Bank and its appointed liquidators short-changed the subcontractors that executed the work, paying them about N4 million each regardless of what they were owed.
The contractors alleged that contrary to bank rules, Diamond Bank, instead of going after its N6 billion loan, took a lion share from N850 million MTN paid to the local subcontractors of ADWA.
They alleged that the bank did this after it claimed to have written off the loan or sold it to the Assets Management Corporation of Nigeria (AMCON).
Investigation showed that the liquidators of ADC paid N150 million dividend to Diamond Bank.
During the banking industry audit in 2009, Diamond Bank had concealed the unsecured loan from the Central Bank of Nigeria (CBN) and as a result failed to sell same to AMCON.
Diamond Bank’s last financial result does not state that it wrote the loan off or sold it to AMCON in the wake of reforms initiated by suspended Central Bank of Nigeria (CBN)Governor Lamido Sanusi.
Also, the financial results of Diamond Bank for 2011 and 2012 do not report the recovery of the N150 million.
Despite appropriating N200 million of the N750 million MTN paid, the liquidators of ADWA did not take legal action against ADC in the UK.
The liquidators, who met in April last year with the creditors of ADWA, said in an interview that they could not initiate legal proceedings in the UK against British directors of ADC because it would cost huge sums of money.
But Okogbule, whose contract is worth over N17 million, countered that Diamond Bank may have decided to let sleeping dogs lie, having lost interest in the recovery of the loan.
He disclosed that two of the local contractors have died as a result of their inability to repay loans used to execute the contracts for MTN on behalf of ADWA.
Efforts to get Diamond Bank to respond to inquiries yielded no result.
The bank said after a meeting between journalists and its corporate communication executives and media consultants, TPT,that it would give an official response.
It is yet to do so.
When contacted, MTN General Manager (Corporate Affairs), Olufunmilayo Onajide, explained that the Allan Dick transaction ended up in a Lagos high court where the suit between the company’s liquidators and MTN was decided.

@ The Niche.

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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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